Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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May 03, 2023 |
signed chap.58 |
May 02, 2023 |
delivered to governor returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.132 substituted for a3008c referred to ways and means delivered to assembly passed senate message of necessity - 3 day message ordered to third reading cal.719 |
May 01, 2023 |
print number 4008c |
May 01, 2023 |
amend (t) and recommit to finance |
Mar 14, 2023 |
print number 4008b |
Mar 14, 2023 |
amend (t) and recommit to finance |
Mar 06, 2023 |
print number 4008a |
Mar 06, 2023 |
amend (t) and recommit to finance |
Feb 01, 2023 |
referred to finance |
Senate Bill S4008C
Signed By Governor2023-2024 Legislative Session
(TED) 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
download bill text pdfSponsored By
There are no sponsors of this bill.
Current Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 2, 2023
aye (42)- Addabbo Jr.
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (21)The following Member(s) participated via videoconferencing: Cooney
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May 2, 2023 - Finance Committee Vote
S4008C15Aye6Nay1Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
2023-S4008 - Details
- See Assembly Version of this Bill:
- A3008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4008 - Summary
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; extends provisions of law relating to certain tax increment financing provisions; relates to contracts entered into by the metropolitan commuter transportation district; extends certain metropolitan transportation authority procurement provisions
2023-S4008 - Bill Text download pdf
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 S. 4008 79 A. 3008 such enterprise is certified pursuant to such article eighteen-B, or (ii) such qualified entity at its location in or as part of a New York state innovation hot spot, or (iii) such business at its location in such [tax-free NY area] EPIC ZONE, or (B) such a service described in clause (B) or (C) of paragraph one of subdivision (b) of section eleven hundred five of this article is delivered and billed to (i) such enter- prise at an address in such empire zone or (ii) such qualified entity at its location in or as part of the New York state innovation hot spot, or (iii) such business at its location in such [tax-free NY area] EPIC ZONE, or (C) the enterprise's place of primary use of the service described in paragraph two of such subdivision (b) of section eleven hundred five is at an address in such empire zone or at its location in or as part of a New York state innovation hot spot, or at its location in such [tax-free NY area] EPIC ZONE; provided, further, that, in order for a motor vehicle, as defined in subdivision (c) of section eleven hundred seventeen of this article, or tangible personal property related to such a motor vehicle to be found to be used predominantly in such a zone, at least fifty percent of such motor vehicle's use shall be exclu- sively within such zone or at least fifty percent of such motor vehi- cle's use shall be in activities originating or terminating in such zone, or both; and either or both such usages shall be computed either on the basis of mileage or hours of use, at the discretion of such enterprise. For purposes of this subdivision, tangible personal property related to such a motor vehicle shall include a battery, diesel motor fuel, an engine, engine components, motor fuel, a muffler, tires and similar tangible personal property used in or on such a motor vehicle. (2) Subject to the conditions and limitations provided for in this section, a refund or credit will be allowed for taxes imposed on the retail sale of, and consideration given or contracted to be given for, or for the use of, tangible personal property sold to a contractor, subcontractor or repairman for use in (A) erecting a structure or build- ing of a qualified empire zone enterprise or a business located in [a tax-free NY area] AN EPIC ZONE approved pursuant to article twenty-one of the economic development law, (B) adding to, altering or improving real property, property or land of such an enterprise or such business, or (C) maintaining, servicing or repairing real property, property or land of such an enterprise or of such business, as the terms real prop- erty, property or land are defined in the real property tax law; provided, however, no credit or refund will be allowed under this para- graph unless such tangible personal property is to become an integral component part of such structure, building, real property, property or land located in an area designated as an empire zone pursuant to article eighteen-B of the general municipal law in, and with respect to which such enterprise is certified pursuant to such article eighteen-B, or in an area approved as [a tax-free NY area] AN EPIC ZONE pursuant to arti- cle twenty-one of the economic development law where such business is located. § 26. Subsection (d) of section 1340 of the tax law, as added by section 16 of part A of chapter 68 of the laws of 2013, is amended to read as follows: (d) Any wages received by an individual as an employee of a business located in [a tax-free NY area] AN EPIC ZONE within the city during the first five years of such business's ten year taxable period specified in subdivision (a) of section thirty-nine of this chapter and earned at such location shall be exempt from the tax authorized to be imposed by this article to the extent included in federal adjusted gross income and S. 4008 80 A. 3008 allowed under section thirty-nine of this chapter. During the second five years of such business's ten year taxable period, the first two hundred thousand dollars of such wages in the case of a taxpayer filing as a single individual, the first two hundred fifty thousand dollars of such wages in the case of a taxpayer filing as a head of household, and three hundred thousand dollars of such wages in the case of a taxpayer filing a joint return, to the extent included in federal adjusted gross income and allowed under section thirty-nine of this chapter. § 27. Paragraph 11 of subdivision (b) of section 1405 of the tax law, as added by section 13 of part A of chapter 68 of the laws of 2013, is amended to read as follows: 11. Conveyances of real property located in [tax-free NY areas] EPIC ZONES approved pursuant to article twenty-one of the economic develop- ment law to businesses located in such areas that are participating in the [START-UP NY] EPIC program pursuant to such article twenty-one. § 28. Paragraph (c) of subdivision 2 of section 770 of the labor law, as added by section 1 of subpart R of part XX of chapter 55 of the laws of 2020, is amended to read as follows: (c) The term "tax credit" means any of the following tax credits allowed under the tax law: recovery tax credit, [tax-free New York area] EPIC ZONE tax elimination credit, minimum wage reimbursement credit, empire state jobs retention program credit, economic transformation and facility redevelopment program tax credit, excelsior jobs program cred- it, employee training incentive program tax credit, empire state appren- ticeship program tax credit, and employment incentive tax credit. § 29. Paragraph 36 of subdivision (c) of section 11-1712 of the admin- istrative code of the city of New York, as added by section 15 of part A of chapter 68 of the laws of 2013, is amended to read as follows: (36) Any wages received by an individual as an employee of a business located within [a tax-free NY area] AN EPIC ZONE during the first five years of such business's ten year taxable period specified in subdivi- sion (a) of section thirty-nine of the tax law to the extent included in federal adjusted gross income and allowed under section thirty-nine of the tax law. During the second five years of such business's ten year taxable period, the first two hundred thousand dollars of such wages in the case of a taxpayer filing as a single individual, the first two hundred fifty thousand dollars of such wages in the case of a taxpayer filing as a head of household, and three hundred thousand dollars of such wages in the case of a taxpayer filing a joint return, to the extent included in federal adjusted gross income and allowed under section thirty-nine of the tax law. § 30. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that the amendments to paragraph a of subdivision 2 of section 355 of the education law made by section fourteen of this act shall not affect the expiration and reversion of such paragraph and shall be deemed to expire therewith. PART DD Section 1. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new section 52-a to read as follows: § 52-A. SMALL BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS TECHNOL- OGY TRANSFER GRANT PROGRAM. 1. THE CORPORATION, IN CONSULTATION WITH THE DIVISION FOR SMALL BUSINESS, SHALL ESTABLISH A MATCHING GRANT PROGRAM TO PROVIDE CONTINGENT MATCHING FUND COMMITMENTS AND FUNDS TO SMALL BUSI- S. 4008 81 A. 3008 NESSES WHO HAVE BEEN AWARDED PHASE ONE OR PHASE TWO GRANTS UNDER THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE FEDERAL SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM. SUCH GRANTS SHALL BE AWARDED BASED ON A COMPANY'S POTENTIAL FOR COMMERCIALIZATION AND JOB GROWTH. COMPANIES APPLYING TO THE FEDERAL PROGRAMS NAMED HEREIN SHALL HAVE AN OPPORTUNITY TO APPLY TO THE CORPORATION FOR A COMMITMENT LETTER THAT MAY BE INCLUDED IN THEIR APPLICATION TO THE SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, DEMONSTRATING CONTIN- GENT STATE SUPPORT, AND THEREFORE INCREASING THEIR LIKELIHOOD OF RECEIV- ING FEDERAL FUNDING. STATE MATCHING GRANTS SHALL BE PROVIDED TO SMALL BUSINESSES THAT ARE SELECTED FOR AWARD THROUGH THESE FEDERAL PROGRAMS. AS USED IN THIS SECTION, "SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS PROVIDED FOR IN SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOP- MENT LAW. 2. SUCH FUNDS AWARDED PURSUANT TO THIS SECTION SHALL BE USED TO EXPE- DITE COMMERCIALIZATION, INCLUDING BUT NOT NECESSARILY LIMITED TO PATENTS AND MARKETING STUDIES IN SALES EFFORTS. A SMALL BUSINESS MAY APPLY FOR MULTIPLE MATCHING FUND GRANTS, BUT SHALL ONLY RECEIVE ONE AWARD THROUGH THIS PROGRAM EACH CALENDAR YEAR. 3. THE CORPORATION, IN CONSULTATION WITH THE DIVISION FOR SMALL BUSI- NESS, SHALL ESTABLISH THE FORM AND MANNER IN WHICH APPLICATIONS FOR GRANT AWARDS SHALL BE SUBMITTED AND SHALL ESTABLISH GUIDELINES FOR THE GRANT PROGRAM. THE CORPORATION SHALL REVIEW EACH APPLICATION FOR COMPLI- ANCE WITH THE ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN THE PROGRAM GUIDELINES ESTABLISHED BY THE CORPORATION. THE CORPORATION MAY APPROVE OR REJECT EACH APPLICATION OR MAY RETURN AN APPLICATION FOR MODIFICATIONS, IF NECESSARY. 4. THE CORPORATION, BEGINNING ON JUNE FIRST, TWO THOUSAND TWENTY-FOUR, AND ANNUALLY THEREAFTER, PROVIDED PROGRAM FUNDS REMAIN, SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH ANNUAL REPORT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO: THE NUMBER OF APPLICANTS BY STAGE; THE NUMBER OF APPLI- CANTS APPROVED TO RECEIVE GRANTS; THE TOTAL AMOUNT OF GRANTS AWARDED AND THE AVERAGE AMOUNT OF SUCH GRANTS AWARDED; AND SUCH OTHER INFORMATION AS THE DEPARTMENT OF ECONOMIC DEVELOPMENT DETERMINES NECESSARY AND APPRO- PRIATE. SUCH REPORT SHALL BE INCLUDED ON THE DEPARTMENT OF ECONOMIC DEVELOPMENT'S WEBSITE AND ANY OTHER PUBLICLY ACCESSIBLE STATE DATABASES THAT LIST ECONOMIC DEVELOPMENT PROGRAMS, AS DETERMINED BY THE CORPO- RATION. § 2. This act shall take effect immediately. PART EE Section 1. Paragraph (a) of subdivision 1 of section 1977-a of the public authorities law, as amended by chapter 241 of the laws of 1995, is amended to read as follows: (a) For the purpose of financing project costs for the project for the Battery Park project area other than the financing of loans, advances and mortgage loans to housing companies organized to provide housing within the Battery Park project area, the authority may issue bonds and notes in an aggregate principal amount at any one time outstanding not exceeding [three] FIVE hundred million dollars, excluding bonds and notes issued to refund outstanding bonds and notes. § 2. Paragraph (f) of subdivision 1 of section 1977-a of the public authorities law, as added by chapter 628 of the laws of 2019, is amended to read as follows: S. 4008 82 A. 3008 (f) Additional authorizations. For the purpose of financing capital costs in connection with a program of infrastructure construction, improvements and other capital expenditures for the project area, the authority may, in addition to the authorizations contained elsewhere in this title, borrow money by issuing bonds and notes in an aggregate principal amount not exceeding ONE BILLION five hundred million dollars, plus a principal amount of bonds or notes issued (i) to fund any related debt service reserve fund, (ii) to provide capitalized interest, and (iii) to provide for fees and other charges and expenses including any underwriters' discounts, related to the issuance of such bonds or notes, all as determined by the authority, excluding bonds and notes issued to refund outstanding bonds and notes issued pursuant to this section. § 3. This act shall take effect immediately. PART FF Section 1. Section 217 of the state finance law, as amended by section 1 of part H of chapter 60 of the laws of 2011, is amended to read as follows: § 217. Linked loans. Linked loans shall be made by lenders pursuant to the program only to eligible businesses in connection with eligible projects. A linked loan shall be limited to a maximum amount of [two] SIX million dollars. An eligible business may receive more than one linked loan. During the life of the linked loan program, the total amount of money that a business can borrow from the linked program is [two] SIX million dollars. The credit decision for making a linked loan shall be made solely by the lender. Notwithstanding the length of the term of a linked loan, the linked deposit relating to the linked loan shall be for a period of not more than four years. § 2. The act shall take effect immediately. PART GG Section 1. Section 2 of chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, as amended by section 1 of part Y of chapter 58 of the laws of 2022, is amended to read as follows: § 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2023] 2028, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. § 2. This act shall take effect immediately. PART HH Section 1. The opening paragraph of paragraph (a) and paragraph (b) of subdivision 2-a of section 314 of the executive law, as amended by chapter 96 of the laws of 2019, is amended to read as follows: The director shall establish a procedure [enabling] REQUIRING the office to accept New York municipal corporation certification verifica- tion for minority and women-owned business enterprise applicants in lieu S. 4008 83 A. 3008 of requiring the applicant to complete the state certification process. [The] IN ORDER TO IMPLEMENT SUCH PROCEDURE, THE OFFICE AND ALL NEW YORK MUNICIPAL CORPORATIONS THAT HAVE A MUNICIPAL MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM SHALL ENTER INTO A MEMORANDUM OF UNDERSTAND- ING REGARDING SUCH ACCEPTANCE OF CERTIFICATION VERIFICATION AND THE director shall promulgate rules and regulations to set forth criteria for the acceptance of municipal corporation certification. [All eligible municipal corporation certifications shall require business enterprises seeking certification to meet the following standards:] NOTWITHSTANDING THE FOREGOING, AN APPLICANT CERTIFIED PURSUANT TO THIS SECTION MUST MEET THE DEFINITION OF A MINORITY-OWNED BUSINESS ENTERPRISE OR WOMEN-OWNED BUSINESS ENTERPRISE SET FORTH IN SECTION THREE HUNDRED TEN OF THIS ARTI- CLE. (b) [The director shall work with all] ALL NEW YORK municipal corpo- rations that have a municipal minority and women-owned business enter- prise program [to] SHALL develop [standards] RULES AND REGULATIONS IN ORDER to accept state certification [to meet the municipal corporation minority and women-owned business enterprise certification standards]. § 2. Clauses (i), (ii), (iii), (iv), (v), (vi) and (vii) of paragraph (a) of subdivision 2-a of section 314 of the executive law are REPEALED. § 3. Subdivision 6 of section 163 of the state finance law, as sepa- rately amended by section 28 of part PP of chapter 56 and chapter 572 of the laws of 2022, is amended to read as follows: 6. Discretionary buying thresholds. Pursuant to guidelines established by the state procurement council: the commissioner may purchase services and commodities for the office of general services or its customer agen- cies serviced by the office of general services business services center in an amount not exceeding eighty-five thousand dollars without a formal competitive process; state agencies may purchase services and commod- ities in an amount not exceeding fifty thousand dollars without a formal competitive process; and state agencies may purchase commodities or services from small business concerns [or those certified pursuant to article fifteen-A of the executive law and article three of the veter- ans' services law], or commodities or technology that are recycled or remanufactured in an amount not exceeding five hundred thousand dollars without a formal competitive process AND STATE AGENCIES MAY PURCHASE COMMODITIES OR SERVICES FROM THOSE CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND ARTICLE THREE OF THE VETERANS' SERVICES LAW IN AN AMOUNT NOT EXCEEDING ONE MILLION FIVE HUNDRED THOU- SAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS and for commodities that are food, including milk and milk products, or animal or plant fiber products, grown, produced, harvested, or processed in New York state or textile products manufactured from animal or plant fiber grown or produced predominantly in New York state in an amount not to exceed two hundred thousand dollars, without a formal competitive process. § 4. Paragraph 1 of subdivision i of section 311 of the New York city charter, as amended by chapter 569 of the laws of 2022, is amended to read as follows: 1. agencies may make procurements of goods, services and construction for amounts not exceeding one million FIVE HUNDRED THOUSAND dollars from businesses certified as minority or women-owned business enterprises pursuant to section thirteen hundred four of the charter without a formal competitive process. § 5. This act shall take effect immediately; provided however that sections one and two of this act shall take effect on the three hundred sixty-fifth day after it shall have become a law; provided, further, S. 4008 84 A. 3008 that if section 28 of part PP of chapter 56 of the laws of 2022 shall not have taken effect on or before such date then section three of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2022 takes effect; provided, further, that the amendments to subdivision 2-a of section 314 of the executive law made by sections one and two of this act shall not affect the repeal of such section and shall be deemed repealed therewith; provided, further, that the amendments to section 163 of the state finance law made by section three of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART II Section 1. Subdivision (a) of section 2 of chapter 749 of the laws of 2019, constituting the New York city public works investment act, is relettered (a-1) and a new subdivision (a) is added to read as follows: (A) "ALTERNATIVE PROJECT DELIVERY CONTRACT" SHALL MEAN ANY PROJECT DELIVERY METHOD AUTHORIZED BY THIS ACT, INCLUDING CONSTRUCTION MANAGER BUILD, CONSTRUCTION MANAGER AT RISK, AND DESIGN-BUILD, PURSUANT TO WHICH ONE OR MORE CONTRACTS FOR THE PROVISION OF DESIGN OR CONSTRUCTION MANAGEMENT AND CONSTRUCTION SERVICES ARE AWARDED PURSUANT TO AN OPEN AND COMPETITIVE METHOD OF PROCUREMENT. § 2. Paragraph 14 of subdivision (b) of section 2 of chapter 749 of the laws of 2019, constituting the New York city public works investment act, is amended to read as follows: (14) A quantitative factor to be used in evaluation of bids or offers for awarding of contracts for bidders or offerers that are certified as minority- or women-owned business enterprises pursuant to article 15-A of the executive law, and certified pursuant to local law as minority- or women-owned business enterprises, OR FOR BIDDERS OR OFFERERS THAT ARE JOINT VENTURES THAT INCLUDE AT LEAST ONE SUCH CERTIFIED FIRM. Where an agency identifies a quantitative factor pursuant to this paragraph, the agency must specify that businesses certified as minority- or women- owned business enterprises pursuant to article 15-A of the executive law as well as those certified as minority- or women-owned business enter- prises or pursuant to section 1304 of the New York city charter, OR JOINT VENTURES INCLUDING AT LEAST ONE SUCH CERTIFIED FIRM, are eligible to qualify for such factor. Nothing in this paragraph shall be construed as a requirement that such businesses be concurrently certified as minority- or women-owned business enterprises under both article 15-A of the executive law and section 1304 of the New York city charter to qual- ify for such quantitative factors. In addition, where the New York city school construction authority acts as the authorized entity, businesses certified as minority- or women-owned business enterprises pursuant to section 1743 of the public authorities law shall be eligible to qualify for such factor. § 3. Section 2 of chapter 749 of the laws of 2019, constituting the New York city public works investment act, is amended by adding two new subdivisions (b-1) and (b-2) to read as follows: (B-1) "CONSTRUCTION MANAGER AT RISK" SHALL MEAN A PROJECT DELIVERY METHOD WHEREBY A CONSTRUCTION MANAGER: (1) SERVES AS PART OF A TEAM IN CONJUNCTION WITH THE OWNER IN THE DESIGN PHASE OF THE PROJECT; (2) DURING THE CONSTRUCTION PHASE, ACTS AS GENERAL CONTRACTOR FOR AGREED UPON COMPENSATION AS SET FORTH IN THE CONSTRUCTION MANAGER AT RISK AGREEMENT; AND S. 4008 85 A. 3008 (3) ASSUMES THE RISK OF CONSTRUCTION COSTS EXCEEDING AN AMOUNT SPECI- FIED IN THE CONSTRUCTION MANAGER AT RISK AGREEMENT. (B-2) "CONSTRUCTION MANAGER BUILD" SHALL MEAN A PROJECT DELIVERY METH- OD WHEREBY A CONSTRUCTION MANAGER: (1) SERVES AS PART OF A TEAM IN CONJUNCTION WITH THE OWNER IN THE DESIGN PHASE OF THE PROJECT; (2) UNDER THE OVERSIGHT OF THE OWNER, ACTS AS THE SINGLE SOURCE OF RESPONSIBILITY TO BID, SELECT AND HOLD CONSTRUCTION CONTRACTS ON BEHALF OF THE OWNER DURING THE CONSTRUCTION PHASE; AND (3) MANAGES THE CONSTRUCTION PROJECT ON BEHALF OF THE OWNER. § 4. Sections 3, 4, 5 and 6 of chapter 749 of the laws of 2019, constituting the New York city public works investment act, are amended to read as follows: § 3. Any contract for a public work undertaken pursuant to a project labor agreement in accordance with section 222 of the labor law may be [a design-build] AN ALTERNATIVE PROJECT DELIVERY contract in accordance with this act. § 4. Notwithstanding any general, special or local law, rule or regu- lation to the contrary, including but not limited to section 7210 of the education law, article 5-A of the general municipal law, article 8 of the public housing law, sections 1734 and 1735 of the public authori- ties law and section 8 of the New York city health and hospitals corpo- ration act, and in conformity with the requirements of this act, for any public work that has an estimated cost of not less than 10 million dollars and is undertaken pursuant to a project labor agreement in accordance with section 222 of the labor law, an authorized entity charged with awarding a contract for public work may use [the] AN alter- native PROJECT delivery [method referred to as design-build contracts] CONTRACT. Provided, however, that any authorized entity charged with awarding a contract for public work in connection with property within the jurisdiction of the New York city department of parks and recreation or the New York city housing authority is authorized to use [the] AN alternative PROJECT delivery [method referred to as design-build contracts] CONTRACT for any such public work that has an estimated cost of not less than one million two hundred thousand dollars if such public work is otherwise in conformity with the requirements of this act. Provided further that any authorized entity may use [the] AN alternative PROJECT delivery [method referred to as design-build contracts] CONTRACT for any public work that has an estimated cost of not less than one million two hundred thousand dollars if such public work is otherwise in conformity with the requirements of this act and primarily consists of: pedestrian ramps and similar infrastructure to improve access to side- walks in the city of New York for people with disabilities; renovation and construction of cultural institutions located on publicly owned real property and of public libraries in the city of New York; AN ENERGY EFFICIENCY, CLEAN ENERGY GENERATION, OR ENERGY STORAGE PROJECT; or secu- rity infrastructure, including bollards, planters and other physical structures, designed to protect life and property from acts of terror or mass violence. (a) A contractor selected by such an authorized entity to enter into [a design-build] AN ALTERNATIVE PROJECT DELIVERY contract [shall] MAY be selected [through a two-step method,] as follows: (1) Step one. Generation of a list of responding entities that have demonstrated the general capability to perform the [design-build] ALTER- NATIVE PROJECT DELIVERY contract. Such list shall consist of a specified number of responding entities, as determined by an authorized entity, S. 4008 86 A. 3008 and shall be generated based upon the authorized entity's review of responses to a publicly advertised request for qualifications. The authorized entity's request for qualifications shall include a general description of the public work, the maximum number of responding enti- ties to be included on the list, the selection criteria to be used and the relative weight of each criteria in generating the list. Such selection criteria shall include the qualifications and experience of the [design and construction] ENTITY OR team OF ENTITIES, organization, demonstrated responsibility, ability of the ENTITY OR team OF ENTITIES or of a member or members of the ENTITY OR team OF ENTITIES to comply with applicable requirements, including the provisions of articles 145, 147 and 148 of the education law, past record of compliance with the labor law, and such other qualifications the authorized entity deems appropriate, which may include but are not limited to project under- standing, financial capability and record of past performance. The authorized entity shall evaluate and rate all responding entities to the request for qualifications. Based upon such ratings, the authorized entity shall list the responding entities that shall receive a request for proposals in accordance with paragraph [two] 2 of this subdivision. To the extent consistent with applicable federal law, the authorized entity shall consider, when awarding any contract pursuant to this section, the participation of (i) responding entities that are certified as minority- or women-owned business enterprises pursuant to article 15-A of the executive law, or certified pursuant to local law as minori- ty- or women-owned business enterprises, or, where the New York city school construction authority acts as the authorized entity, certified pursuant to section 1743 of the public authorities law; and (ii) small business concerns identified pursuant to subdivision (b) of section 139-g of the state finance law. NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARAGRAPH, IF AN AUTHORIZED ENTITY DETERMINES IN WRITING THAT IT IS IN THE BEST INTEREST OF THE AUTHORIZED ENTITY TO SOLICIT PROPOSALS WITH- OUT GENERATING A LIST PURSUANT TO THE PROCESS SET FORTH IN THIS PARA- GRAPH, THE AUTHORIZED ENTITY MAY INSTEAD RELEASE A PUBLIC SOLICITATION PURSUANT TO THE PROCEDURE SET FORTH IN PARAGRAPH 2 OF THIS SUBDIVISION. In addition, nothing in this section shall be deemed to supersede any pre-qualification guidelines or requirements otherwise authorized by law for an authorized entity. (2) Step two. [Selection] THE SECOND STEP SHALL BE THE SELECTION of the proposal which is the best value to the authorized entity, PROVIDED THAT IS A LIST HAS NOT BEEN GENERATED PURSUANT TO PARAGRAPH 1 OF THIS SUBDIVISION, THE AUTHORIZED ENTITY SHALL NOT BE REQUIRED TO CONSIDER COST OR PRICE CRITERIA IN SELECTING THE PROPOSAL. The authorized entity shall issue a request for proposals to the responding entities, WHICH SHALL BE THE listed ENTITIES pursuant to paragraph [one] 1 of this subdivision IF SUCH A LIST HAS BEEN GENERATED PURSUANT TO SUCH PARAGRAPH. If such a responding entity consists of a team of separate entities, the entities that comprise such a team must remain unchanged from the responding entity as listed pursuant to paragraph [one] 1 of this subdivision, AS APPLICABLE, unless otherwise approved by the authorized entity. The request for proposals shall set forth the public work's scope of work, and other requirements, as determined by the authorized entity, which may include separate goals for work under the contract to be performed by businesses certified as minority- or women- owned business enterprises pursuant to article 15-A of the executive law or section 1743 of the public authorities law, or certified pursuant to local law as minority- or women-owned business enterprises. The request S. 4008 87 A. 3008 for proposals shall also specify the criteria to be used to evaluate the responses and the relative weight of each of such criteria. Such crite- ria shall include [the proposal's cost,] the quality of the proposal's solution, the qualifications and experience of the proposer, IF A LIST HAS BEEN GENERATED PURSUANT TO PARAGRAPH 1 OF THIS SUBDIVISION, THE PROPOSAL'S COST, WHICH MAY INCLUDE FACTORS THAT MAY BE CONSIDERED INDI- VIDUALLY OR IN THE AGGREGATE, SUCH AS THE PROPOSED COST OF DESIGN PHASE WORK, THE PROPOSED COST OF CONSTRUCTION PHASE WORK, OR COST FACTORS RELATING TO CONSTRUCTION PHASE WORK, AS APPLICABLE, and other factors deemed pertinent by the authorized entity, which may include, but shall not be limited to, the proposal's manner and schedule of project imple- mentation, the proposer's ability to complete the work in a timely and satisfactory manner, maintenance costs of the completed public work, maintenance of traffic approach, and community impact. THE AUTHORIZED ENTITY MAY ENGAGE IN NEGOTIATIONS OR OTHER DISCUSSIONS WITH ALL QUALI- FIED PROPOSERS THAT HAVE EXPRESSED INTEREST, PROVIDED THAT THE AUTHOR- IZED ENTITY MAINTAINS A WRITTEN RECORD OF THE CONDUCT OF NEGOTIATIONS OR DISCUSSIONS AND THE BASIS FOR EVERY DETERMINATION TO CONTINUE OR SUSPEND NEGOTIATIONS, AND FURTHER PROVIDED THAT IF THE AUTHORIZED ENTITY DETER- MINES FOR A PARTICULAR CONTRACT OR FOR A PARTICULAR TYPE OF CONTRACT THAT IT IS IN THE AUTHORIZED ENTITY'S BEST INTEREST TO NEGOTIATE OR ENTER INTO DISCUSSIONS WITH FEWER PROPOSERS, IT MAY MAKE SUCH A DETERMI- NATION IN WRITING. IF THE AUTHORIZED ENTITY ENTERS INTO SUCH NEGOTI- ATIONS, THE AUTHORIZED ENTITY SHALL ALLOW ALL PROPOSERS TO REVISE THEIR PROPOSALS UPON CONCLUSION OF NEGOTIATIONS, AND THE AUTHORIZED ENTITY SHALL EVALUATE THE PROPOSERS' REVISED PROPOSALS USING THE CRITERIA INCLUDED IN THE REQUEST FOR PROPOSALS. Any contract awarded pursuant to this act shall be awarded to a responsive and responsible proposer, which, in consideration of these and other specified criteria deemed pertinent, offers the best value, as determined by the authorized entity, OMITTING THE CONSIDERATION OF COST OR PRICE CRITERIA WHERE AUTHORIZED BY THIS SUBDIVISION. The request for proposals shall include a statement that proposers shall designate in writing those portions of the proposal that contain trade secrets or other proprietary information that are to remain confidential[;], SO that the material designated as confidential shall be readily separable from the proposal. Nothing in this subdivision shall be construed to prohibit the authorized entity from negotiating final contract terms and conditions including cost. All proposals submitted shall be scored according to the criteria listed in the request for proposals and such final scores shall be published on the authorized entity's website after registration of such contract or the date upon which such contract may be implemented, if registration requirements do not apply. (b) An authorized entity awarding [a design-build] AN ALTERNATIVE PROJECT DELIVERY contract to a contractor [offering the best value] IN ACCORDANCE WITH THIS ACT may but shall not be required to use the following types of contracts: (1) A cost-plus not to exceed guaranteed maximum price form of contract in which the authorized entity shall be entitled to monitor and audit all costs. In establishing the schedule and process for determin- ing a guaranteed maximum price, the contract between the authorized entity and the contractor shall[: (i) Describe] INCLUDE TERMS SPECIFY- ING THE PRICE FOR THE DESIGN PHASE OF THE WORK, the scope of the work and ANY APPLICABLE COST FACTORS RELATING TO CONSTRUCTION PHASE WORK THAT WERE INCLUDED IN THE CONTRACTOR'S PROPOSAL. A FAIR AND REASONABLE GUAR- ANTEED MAXIMUM PRICE FOR THE CONSTRUCTION PHASE OF THE WORK, OR PORTIONS S. 4008 88 A. 3008 OF THE CONSTRUCTION PHASE OF THE WORK, MAY BE AGREED TO AS ONE OR MORE AMENDMENTS TO SUCH CONTRACT BASED ON DEVELOPMENTS IN THE DESIGN OF THE PROJECT THAT OCCUR AFTER SUCH CONTRACT IS EXECUTED. EACH GUARANTEED MAXIMUM PRICE AMENDMENT SHALL: (I) DESCRIBE THE SCOPE OF THE PORTION OF THE CONSTRUCTION PHASE WORK SUBJECT TO THE AMENDMENT, the cost of performing such work, AND THE MAXIMUM COSTS OF ANY CONTINGENCIES RELATED TO SUCH WORK, (ii) Include a detailed line item cost breakdown, (iii) Include a list of all drawings, specifications and other infor- mation on which the guaranteed maximum price is based, (iv) Include the dates of substantial and final completion on which the guaranteed maximum price is based, AS APPLICABLE, and (v) Include a schedule of unit prices[; or]. THE AUTHORIZED ENTITY SHALL MAINTAIN A WRITTEN RECORD OF EACH GUARAN- TEED MAXIMUM PRICE AMENDMENT, WHICH SHALL INCLUDE A SUMMARY OF THE NEGO- TIATION PROCESS AND A DESCRIPTION OF THE RELEVANT DEVELOPMENTS IN THE DESIGN OF THE PROJECT, INDEPENDENT COST ESTIMATES PREPARED BY OR ON BEHALF OF THE AUTHORIZED ENTITY, AS REQUIRED PURSUANT TO A POLICY ESTAB- LISHED BY THE AUTHORIZED ENTITY, THE CONTRACTOR'S ACTUAL COST SCHEDULES AND UNIT PRICES, AND ANY OTHER FACTORS THAT THE AUTHORIZED ENTITY CONSIDERED. IF THE AUTHORIZED ENTITY AND THE CONTRACTOR CANNOT AGREE UPON A GUARANTEED MAXIMUM PRICE FOR ONE OR MORE PORTIONS OF CONSTRUCTION PHASE WORK, THE AUTHORIZED ENTITY MAY DIRECT THE CONTRACTOR TO ASSIGN ALL OR A PORTION OF THE DUTIES AND RIGHTS UNDER SUCH ALTERNATIVE PROJECT DELIVERY CONTRACT TO ANOTHER RESPONSIVE AND RESPONSIBLE PROPOSER PURSU- ANT TO PARAGRAPH 2 OF SUBDIVISION (A) OF THIS SECTION THAT OFFERED THE BEST VALUE OF THE REMAINING PROPOSERS AND THAT WILL AGREE TO ACCEPT SUCH AN ASSIGNMENT. THIS PARAGRAPH SHALL NOT BE DEEMED TO PROHIBIT THE USE OF ANY CONTRACT TERMS OR PROCEDURES PURSUANT TO ANY OTHER PROVISION OF LAW, INCLUDING BUT NOT LIMITED TO PROVISIONS INCLUDED IN THIS ACT; (2) A lump sum contract in which the contractor agrees to accept a set dollar amount for a contract which comprises a single bid without providing a cost breakdown for all costs such as for equipment, labor, materials, as well as such contractor's profit for completing all items of work comprising the public work[.]; (3) INCENTIVE PAYMENTS IDENTIFIED IN THE TEXT OF THE CONTRACT FOR PERFORMANCE OBJECTIVES; OR (4) A COMBINATION OF ELEMENTS OF THE CONTRACT TYPES LISTED HEREIN. § 5. [Any contract] ALL ALTERNATIVE PROJECT DELIVERY CONTRACTS entered into pursuant to this act shall include a clause requiring that any professional services regulated by articles 145, 147 and 148 of the education law shall be performed and stamped and sealed, where appropri- ate, by a professional licensed in accordance with the appropriate arti- cle. § 6. Construction with respect to each contract entered into by an authorized entity pursuant to this act shall be deemed a "public work" to be performed in accordance with the provisions of article 8 of the labor law, as well as subject to sections 200, 240, 241 and 242 of such law and enforcement of prevailing wage requirements pursuant to applica- ble law or, for projects or public works receiving federal aid, applica- ble federal requirements for prevailing wage. Any contract entered into pursuant to this act shall include a clause requiring the selected [design builder] ENTITY OR TEAM OF ENTITIES to obligate every tier of contractor working on the public work to comply with the project labor agreement referenced in section three of this act, and shall include S. 4008 89 A. 3008 project labor agreement compliance monitoring and enforcement provisions consistent with the applicable project labor agreement. § 5. Subdivisions (c) and (d) of section 9 of chapter 749 of the laws of 2019, constituting the New York city public works investment act, are amended to read as follows: (c) Employees of authorized entities using [design-build] ALTERNATIVE PROJECT DELIVERY contracts serving in positions in newly created titles shall be assigned to the appropriate bargaining unit. Nothing contained in this act shall be construed to affect (1) the existing rights of employees of such entities pursuant to an existing collective bargaining agreement, (2) the existing representational relationships among employ- ee organizations representing employees of such entities, or (3) the bargaining relationships between such entities and such employee organ- izations. (d) Without limiting contractors' obligations under [design-build] ALTERNATIVE PROJECT DELIVERY contracts to issue their own initial certifications of substantial completion and final completion, public employees of authorized entities shall review and determine whether the work performed by contractors is acceptable and has been performed in accordance with the applicable [design-build] ALTERNATIVE PROJECT DELIV- ERY contracts, and if such public employees so determine, such public employees shall accept contractors' substantial or final completion of the public works as applicable. Performance by authorized entities of any review described in this subdivision shall not be construed to modi- fy or limit contractors' obligations to perform the work in strict accordance with the applicable [design-build] ALTERNATIVE PROJECT DELIV- ERY contracts or the contractors' or any subcontractors' obligations or liabilities under any law. § 6. Sections 10, 13 and 14 of chapter 749 of the laws of 2019, constituting the New York city public works investment act, section 14 as amended by section 4 of part AA of chapter 58 of the laws of 2022, are amended to read as follows: § 10. The submission of a proposal or responses or the execution of a [design-build] ALTERNATIVE PROJECT DELIVERY contract pursuant to this act shall not be construed to be a violation of section 6512 of the education law. § 13. A report shall be submitted no later than June 30, 2020 and annually thereafter, to the governor, the temporary president of the senate and the speaker of the assembly by the city of New York on behalf of its agencies, the New York city housing authority, the New York city school construction authority, and the New York city health and hospi- tals corporation containing information regarding each [design-build] ALTERNATIVE PROJECT DELIVERY contract procured pursuant to this act. Such report shall include a description of each such [design-build] ALTERNATIVE PROJECT DELIVERY contract, information regarding the procurement process for each such [design-build] ALTERNATIVE PROJECT DELIVERY contract including the list of responding entities that demon- strated the general capability to perform the [design-build] ALTERNATIVE PROJECT DELIVERY contract pursuant to paragraph [(1)] 1 of subdivision (a) of section four of this act, IF APPLICABLE, the total cost of each [design-build] ALTERNATIVE PROJECT DELIVERY contract, an explanation of the estimated savings resulting from the [design-build] ALTERNATIVE PROJECT DELIVERY method, and the participation rate of and total dollar value of monies paid to minority- and women-owned business enterprises under such [design-build] ALTERNATIVE PROJECT DELIVERY contract. S. 4008 90 A. 3008 § 14. This act shall take effect immediately and shall expire and be deemed repealed eight years after such date, provided that, public works with requests for qualifications OR REQUESTS FOR PROPOSALS issued prior to such repeal shall be permitted to continue under this act notwith- standing such repeal. § 7. This act shall take effect immediately, provided that this act shall not apply to any public work for which a request for proposals was issued prior to the date on which this act takes effect; and provided further, that the amendments to the New York city public works invest- ment act made by sections one, two, three, four, five and six of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART JJ Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as amended by section 1 of part Z of chapter 58 of the laws of 2022, is amended to read as follows: 3. The provisions of this section shall expire, notwithstanding any inconsistent provision of subdivision 4 of section 469 of chapter 309 of the laws of 1996 or of any other law, on July 1, [2023] 2028. § 2. This act shall take effect immediately. PART KK Section 1. Subparagraphs (A) and (B) of paragraph 2 of subdivision (a) of section 2504 of the insurance law are amended, and a new subparagraph (C) is added to read as follows: (A) a public corporation or public authority created pursuant to agreement or compact with another state, [or] (B) [the city of New York,] a public corporation or public authority, in connection with the construction of electrical generating and trans- mission facilities or construction, extensions and additions of light rail or heavy rail rapid transit and commuter railroads[.], OR (C) THE CITY OF NEW YORK, THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY, THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, OR THE NEW YORK CITY HOUSING AUTHORI- TY. § 2. This act shall take effect immediately. PART LL Section 1. Section 2 of part BB of chapter 58 of the laws of 2012 amending the public authorities law, relating to authorizing the dormi- tory authority to enter into certain design and construction management agreements, as amended by section 1 of part II of chapter 58 of the laws of 2021, is amended to read as follows: § 2. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2023] 2028. § 2. The dormitory authority of the state of New York shall provide a report providing information regarding any project undertaken pursuant to a design and construction management agreement, as authorized by part BB of chapter 58 of the laws of 2012, between the dormitory authority of the state of New York and the department of environmental conservation and/or the office of parks, recreation and historic preservation to the S. 4008 91 A. 3008 governor, the temporary president of the senate and speaker of the assembly. Such report shall include but not be limited to a description of each such project, the project identification number of each such project, if applicable, the projected date of completion, the status of the project, the total cost or projected cost of each such project, and the location, including the names of any county, town, village or city, where each such project is located or proposed. In addition, such a report shall be provided to the aforementioned parties by the first day of March of each year that the authority to enter into such agreements pursuant to part BB of chapter 58 of the laws of 2012 is in effect. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023. PART MM Section 1. Subdivision 4-a of section 2222 of the vehicle and traffic law, as amended by chapter 609 of the laws of 2005, is amended to read as follows: 4-a. Additional fee. In addition to the other fees provided for in paragraphs (a), (b) and (c) of subdivision four of this section the commissioner shall, upon application in such cases for the registration of a snowmobile or the renewal thereof, collect the annual [ninety] ONE HUNDRED TWENTY-FIVE dollar fee for residents and [ninety] ONE HUNDRED TWENTY-FIVE dollar fee for nonresidents [and] OR a [thirty-five] FIFTY- FIVE dollar fee for residents and [thirty-five] FIFTY-FIVE dollar fee for nonresidents who provide proof, at the time of registration, that such individual is a member of an organized New York state snowmobile club that is a member of the New York state snowmobile association or is a member of an organized New York state snowmobile club that is a trail maintenance entity and a member of the New York state snowmobile associ- ation which are imposed by section 21.07 of the parks, recreation and historic preservation law. In the event that an individual seeking snow- mobile club membership is unable, for any reason, to secure such club membership, he or she may contact the New York state snowmobile associ- ation, who shall secure such membership for such person. This fee shall also be collected from dealers at the time of original registration and at the time of each renewal. The commissioner shall effectuate regu- lations regarding what is required as proof of membership in an organ- ized New York state snowmobile club that is a trail maintenance entity and a member of the New York state snowmobile association for the purposes of this subdivision. § 2. Section 21.07 of the parks, recreation and historic preservation law, as amended by chapter 609 of the laws of 2005, is amended to read as follows: § 21.07 Fee for snowmobile trail development and maintenance. 1. A fee of [ninety] ONE HUNDRED TWENTY-FIVE dollars is hereby imposed upon the resident, and [ninety] ONE HUNDRED TWENTY-FIVE dollars upon the nonresi- dent, owner of a snowmobile for the snowmobile trail development and maintenance fund to be paid to the commissioner of motor vehicles upon the registration thereof in addition to the registration fee required by the vehicle and traffic law, the payment of which fee hereby imposed shall be a condition precedent to such individual resident, individual nonresident or dealer registration. 2. Notwithstanding the fee as established in subdivision one of this section, an individual resident or nonresident registering a snowmobile who provides proof at the time of registration, that such individual is S. 4008 92 A. 3008 a member of an organized New York state snowmobile club that is a member of the New York state snowmobile association or is a member of an organ- ized New York state snowmobile club that is a trail maintenance entity and a member of the New York state snowmobile association, shall pay [thirty-five] FIFTY-FIVE dollars for each snowmobile for the snowmobile trail development and maintenance fund in addition to the registration required by the vehicle and traffic law. In the event that an individual seeking snowmobile club membership is unable, for any reason, to secure such club membership, he or she may contact the New York state snowmo- bile association, who shall secure such membership for such person. § 3. Subdivision 3 of section 27.17 of the parks, recreation and historic preservation law, as amended by section 2 of part G of chapter 82 of the laws of 2002, is amended to read as follows: 3. Every county or, where applicable, any city, town or village within such county, shall be eligible for a grant for the development and main- tenance of a system of snowmobile trails and a program with relation thereto within its boundaries. Such grants shall be made by the commis- sioner and may constitute up to one hundred percent of the cost of such program including expenditures incurred for signs and markers of snowmo- bile trails. Any county or, where applicable, any city, town or village within such county, applying for such grant shall submit to the commis- sioner [by September first of each year an estimate of such expenditures for the current fiscal year, in such form and containing such] informa- tion as the commissioner may require. No city, town or village may apply for such grant where the county within which it is contained has submit- ted an application for the same fiscal year. For the purpose of this section, "fiscal year" shall mean the period from April first through March thirty-first. The commissioner shall review all such applications and shall determine the amount of state aid to be allocated to each county or, where applicable, any city, town or village within such coun- ty in accordance with the provisions of subdivision five of this section. Of the amount the commissioner determines each county or, where applicable, any city, town or village within such county is eligible to receive, seventy percent shall be made available for distribution by November first and thirty percent for distribution upon demonstration of completion, submitted by June first, of the program. § 4. This act shall take effect immediately. PART NN Section 1. Subdivision 2 of section 40 of the navigation law, as amended by chapter 208 of the laws of 2002, is amended to read as follows: 2. Whistle. Every [mechanically propelled] vessel AND EVERY ROWBOAT, CANOE AND KAYAK shall be provided with an efficient whistle. The word "whistle" shall mean any sound producing mechanical appliance, except sirens, capable of producing a blast of two seconds or more in duration and of such strength as to be heard plainly for a distance of at least one-half mile in still weather. A siren whistle may only be attached to a vessel operated by a police department, fire department or public utility company, and used only on emergency calls. On vessels less than thirty-nine feet in length, a mouth whistle capable of producing a blast of two seconds or more in duration, which can be heard for at least one-half a mile, may be used. § 2. Subdivision 6 of section 40 of the navigation law, as amended by chapter 186 of the laws of 1962, is amended to read as follows: S. 4008 93 A. 3008 6. Fire extinguishers required. (a) Every mechanically propelled vessel as classified and defined by subdivision one of section forty- three of this article, except outboard motor boats less than twenty-six feet in length, of open construction, shall carry United States coast guard approved fire extinguishers in accordance with the following: Class A motor boats shall carry one [B-1] 5-B fire extinguisher. Class 1 motor boats shall carry one [B-1] 5-B fire extinguisher. Class 2 motor boats shall carry two [B-1] 5-B fire extinguishers. Class 3 motor boats shall carry three [B-1] 5-B fire extinguishers. Class 4 motor boats shall carry fire extinguishers and other fire fighting equipment as required by the federal navigation law and rules and regulations made by the United States coast guard for uninspected vessels. (b) One class [B-2] 20-B fire extinguisher may be substituted for two class [B-1] 5-B fire extinguishers. (c) When the engine compartment of the motor boat is equipped with a fixed fire extinguishing system of a United States coast guard approved type, one less class [B-1] 5-B fire extinguisher is required. (d) No fire extinguishers of the toxic vaporizing liquid type, includ- ing those containing carbon tetrachloride and chlorobromomethane extin- guishing agents shall be approved by the commissioner. (E) DISPOSABLE FIRE EXTINGUISHERS ARE CONSIDERED EXPIRED TWELVE YEARS AFTER THEIR DATE OF MANUFACTURE. EXPIRED OR PREVIOUSLY USED FIRE EXTIN- GUISHERS DO NOT MEET THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI- SION. § 3. Section 40 of the navigation law is amended by adding a new subdivision 13 to read as follows: 13. THE OPERATOR OF A VESSEL UNDER TWENTY-SIX FEET IN LENGTH EQUIPPED WITH AN ENGINE CUT-OFF SWITCH SHALL USE THE ENGINE CUT-OFF SWITCH WHEN THE VESSEL IS OPERATING ON PLANE OR ABOVE DISPLACEMENT SPEED. THE USE OF AN ENGINE CUT-OFF SWITCH SHALL NOT BE REQUIRED WHEN THE OPERATOR IS IN A FULLY ENCLOSED CABIN. § 4. This act shall take effect on January 1, 2024. PART OO Section 1. Subdivision 9 of section 103 of the general municipal law, as amended by chapter 90 of the laws of 2017, subparagraph (ii) of para- graph (a) as amended by section 1 of part JJ of chapter 58 of the laws of 2020, is amended to read as follows: 9. (A) Notwithstanding the foregoing provisions of this section to the contrary, a board of education, on behalf of its school district, or a board of cooperative educational services, may separately purchase eggs, livestock, fish, dairy products (excluding milk), juice, grains, and species of fresh fruit and vegetables directly from New York State producers or growers, or associations of producers and growers[, provided that: (a) (i) such association of producers or growers is comprised of ten or fewer owners of farms who also operate such farms and who have combined to fill the order of a school district or board of cooperative educational services as herein authorized, provided however, that a school district or board of cooperative educational services may apply to the commissioner of education for permission to purchase from an association of more than ten owners of such farms when no other produc- ers or growers have offered to sell to such school or board of cooper- ative educational services; or S. 4008 94 A. 3008 (ii) such association of producers or growers is comprised of owners of farms who also operate such farms and have combined to fill the order of a school district or board of cooperative educational services, and where such order is for one hundred thousand dollars or less as herein authorized, provided however, that a school district or board of cooper- ative educational services may apply to the commissioner of education for permission to purchase orders of more than one hundred thousand dollars from an association of owners of such farms when no other producers or growers have offered to sell to such school; (b) the amount that may be expended by a school district in any fiscal year for such purchases shall not exceed an amount equal to twenty cents multiplied by the total number of days in the school year multiplied by the total enrollment of such school district; (b-1) the amount that may be expended by a board of cooperative educa- tional services in any fiscal year for such purchases shall not exceed an amount equal to twenty cents multiplied by the total number of days in the school year multiplied by the number of students receiving services by such board of cooperative educational services at facilities operated by a board of cooperative educational services; (c) all] . (B) ALL such purchases shall be administered pursuant to regulations promulgated by the commissioner of education. Such regulations shall: be developed in consultation with the commissioner of agriculture and markets to accommodate and promote the provisions of the farm-to-school program established pursuant to subdivision five-b of section sixteen of the agriculture and markets law and subdivision thirty-one of section three hundred five of the education law as added by chapter two of the laws of two thousand two; ensure that the prices paid by a district or board of cooperative educational services for any items so purchased do not exceed the prices of comparable local farm products that are avail- able to districts through their usual purchases of such items; ensure that all producers and growers who desire to sell to school districts or boards of cooperative educational services can readily access informa- tion in accordance with the farm-to-school law; include provisions for situations when more than one producer or grower seeks to sell the same product to a district or board of cooperative educational services to ensure that all such producers or growers have an equitable opportunity to do so in a manner similar to the usual purchasing practices of such districts or boards of cooperative educational services; [develop guide- lines for approval of purchases of items from associations of more than ten growers and producers;] and, to the maximum extent practicable, minimize additional paperwork, recordkeeping and other similar require- ments on both growers and producers and school districts. § 2. Subdivision 10 of section 103 of the general municipal law, as added by chapter 848 of the laws of 1983, is amended to read as follows: 10. Notwithstanding the foregoing provisions of this section to the contrary, a board of education may, on behalf of its school district, separately purchase milk PRODUCED IN NEW YORK STATE, directly from licensed milk processors [employing less than forty people] pursuant to the provisions of this subdivision. [The amount that may be expended by a school district in any fiscal year pursuant to this section shall not exceed an amount equal to twenty-five cents multiplied by the total number of days in the school year multiplied by the total enrollment of such school district.] All purchases made pursuant to this subdivision shall be administered pursuant to regulations promulgated by the commis- sioner of education. The regulations promulgated by the commissioner of S. 4008 95 A. 3008 education shall ensure that the prices paid by a school district for items purchased pursuant to this subdivision do not exceed the market value of such items and that all licensed processors who desire to sell to a school district pursuant to this subdivision have equal opportu- nities to do so. § 3. Section 103 of the general municipal law is amended by adding a new subdivision 10-a to read as follows: 10-A. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION OR ANY OTHER PROVISION OF THE LAW TO THE CONTRARY, ANY OFFICER, BOARD OR AGENCY OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN, BOARD OF EDUCA- TION, ON BEHALF OF A SCHOOL DISTRICT, OR BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES MAY PURCHASE FOOD, INCLUDING MILK AND MILK PRODUCTS AND FOOD PRODUCTS, GROWN, PRODUCED, OR HARVESTED, IN NEW YORK STATE IN AN AMOUNT NOT EXCEEDING TWO HUNDRED FIFTY THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS. § 4. Section 103 of the general municipal law is amended by adding a new subdivision 10-b to read as follows: 10-B. EACH BOARD OR AGENCY OF A POLITICAL SUBDIVISION OR ANY DISTRICT THEREIN, BOARD OF EDUCATION, ON BEHALF OF A SCHOOL DISTRICT, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL REPORT TO THE OFFICE OF GENERAL SERVICES AND DEPARTMENT OF AGRICULTURE AND MARKETS ON AN ANNUAL BASIS THE TOTAL DOLLAR VALUE PROCURED OF FOOD, INCLUDING MILK AND MILK PRODUCTS AND FOOD PRODUCTS, GROWN, PRODUCED, OR HARVESTED IN NEW YORK NO LATER THAN MARCH THIRTY-FIRST FOR THE PREVIOUS CALENDAR YEAR. § 5. This act shall take effect immediately. PART PP Section 1. This act shall be known and may be cited as the "waste reduction and recycling infrastructure act". § 2. Legislative intent. The legislature hereby finds and declares that the amount of waste generated in New York is a threat to the envi- ronment. The legislature further finds and declares that it is in the public interest of the state of New York for packaging and paper products producers to take responsibility for the development and imple- mentation of strategies to promote reduction, reuse, recovery, and recy- cling of packaging and paper products through investments in the end-of- product-life management of products. § 3. Article 27 of the environmental conservation law is amended by adding a new title 34 to read as follows: TITLE 34 WASTE REDUCTION AND RECYCLING INFRASTRUCTURE ACT SECTION 27-3401. DEFINITIONS. 27-3403. NEEDS ASSESSMENT AND ESTABLISHMENT OF A PACKAGING AND PAPER PRODUCTS PROGRAM. 27-3405. ADVISORY COMMITTEE. 27-3407. POST-CONSUMER RECYCLED CONTENT, RECOVERY, RECYCLING, AND SOURCE REDUCTION RATES. 27-3409. PRODUCER RESPONSIBILITY PROGRAM PLAN. 27-3411. REPORTING REQUIREMENTS AND AUDITS. 27-3413. ANTITRUST PROTECTIONS. 27-3415. PENALTIES. 27-3417. STATE PREEMPTION. 27-3419. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. 27-3421. SEVERABILITY. § 27-3401. DEFINITIONS. S. 4008 96 A. 3008 WHEN USED IN THIS TITLE: 1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR MARK THAT IDENTIFIES A PROD- UCT, RATHER THAN ITS COMPONENTS, AND ATTRIBUTES THE PRODUCT TO THE OWNER OF THE BRAND. 2. "COMPOSTABILITY" MEANS THE CAPABILITY TO UNDERGO AEROBIC BIOLOGICAL DECOMPOSITION IN A CONTROLLED COMPOSTING SYSTEM AS DEMONSTRATED BY MEET- ING ASTMD6400 OR ASTMD6868, OR ANY SUCCESSOR STANDARDS AND WILL PRODUCE A MARKETABLE PRODUCT. 3. "CONSUMER" MEANS ANY PERSON LOCATED IN THE STATE, WHO OWNS OR USES PACKAGING AND PAPER PRODUCTS, INCLUDING, BUT NOT LIMITED TO, A PERSON RESIDING IN A SINGLE OR MULTI-FAMILY RESIDENTIAL UNIT, A SCHOOL, STATE OR LOCAL AGENCY, BUSINESS, OR INSTITUTION. 4. "DEPARTMENT" MEANS THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. 5. "EXTENDED PRODUCER RESPONSIBILITY PROGRAM" MEANS A PROGRAM FINANCED AND IMPLEMENTED BY PRODUCERS, EITHER INDIVIDUALLY, OR COLLECTIVELY THROUGH A PRODUCER RESPONSIBILITY ORGANIZATION, THAT PROVIDES FOR, BUT IS NOT LIMITED TO, THE COLLECTION, TRANSPORTATION, REUSE, RECYCLING, PROPER END-OF-LIFE MANAGEMENT, OR AN APPROPRIATE COMBINATION THEREOF, OF UNWANTED PACKAGING AND PAPER PRODUCTS. 6. "PACKAGING AND PAPER PRODUCTS" COVERED BY THIS TITLE INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: (A) PACKAGING MEANS ANY PART OF A PACKAGE OR CONTAINER, REGARDLESS OF RECYCLABILITY OR COMPOSTABILITY, INCLUDING, BUT NOT LIMITED TO, SUCH MATERIAL TYPES AS PAPER, PLASTIC, GLASS, OR METAL, THAT IS USED: (I) FOR THE CONTAINMENT, PROTECTION, HANDLING, DELIVERY, SERVING, AND PRESENTATION OF GOODS THAT ARE SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION; (II) AS SECONDARY PACKAGING INTENDED FOR THE CONSUMER MARKET; (III) AS TERTIARY PACKAGING USED FOR TRANSPORTATION OR DISTRIBUTION DIRECTLY TO A CONSUMER OR RETAILER; OR (IV) ORDINARILY DISPOSED OF AFTER FOR A SINGLE OR SHORT-TERM USE. (B) PAPER PRODUCTS MEANS: (I) PAPER AND OTHER CELLULOSIC FIBERS, WHETHER OR NOT THEY ARE USED AS A MEDIUM FOR TEXT OR IMAGES, EXCEPT BOUND BOOKS; (II) CONTAINERS OR PACKAGING USED TO DELIVER PRINTED MATTER DIRECTLY TO THE ULTIMATE CONSUMER OR RECIPIENT; OR (III) PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO: FLYERS; BROCHURES; BOOKLETS; CATALOGS; TELEPHONE DIRECTORIES; PAPER FIBER; CARD- BOARD; AND PAPER USED FOR WRITING OR ANY OTHER PURPOSE. (C) FOR THE PURPOSE OF THIS TITLE, THE PACKAGING AND PAPER PRODUCTS COVERED DESIGNATION DOES NOT INCLUDE THE FOLLOWING: (I) PACKAGING OR PAPER PRODUCTS THAT COULD BECOME UNSAFE OR UNSANITARY TO RECYCLE BY VIRTUE OF THEIR ANTICIPATED USE, AS DETERMINED BY THE DEPARTMENT; (II) LITERARY, TEXT, AND REFERENCE BOUND BOOKS; (III) NEWSPAPERS, MAGAZINES, AND PERIODICALS; (IV) BEVERAGE CONTAINERS SUBJECT TO TITLE TEN OF THIS ARTICLE; (V) PACKAGING THAT IS USED EXCLUSIVELY IN INDUSTRIAL OR MANUFACTURING PROCESSES; (VI) MEDICAL DEVICES AND PACKAGING, OR PAPER USED TO CONTAIN AND WHICH ARE INCLUDED WITH PRODUCTS REGULATED AS A DRUG, MEDICAL DEVICE OR DIETARY SUPPLEMENT BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. 321 ET SEQ., SEC. 3.2(E) OF 21 U.S. CODE OF FEDERAL REGULATIONS OR THE DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT; S. 4008 97 A. 3008 (VII) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS, ANTISERA, DIAG- NOSTIC KITS, AND OTHER PRODUCTS OF BIOLOGICAL ORIGIN, AND OTHER COVERED MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE UNDER THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159; (VIII) PACKAGING PRODUCTS USED TO CONTAIN, AND PAPER PRODUCTS WHICH ARE INCLUDED WITH, SUBSTANCES HAZARDOUS TO THE ENVIRONMENT, REGULATED PURSUANT TO SECTION 37-0103 OF THIS CHAPTER, OR PACKAGING PRODUCTS REGU- LATED BY THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, 7 U.S.C. SEC. 136 ET SEQ. OR OTHER APPLICABLE FEDERAL LAW, RULE OR REGU- LATION; (IX) ARCHITECTURAL PAINT CONTAINERS COLLECTED AND MANAGED PURSUANT TO TITLE TWENTY OF THIS ARTICLE; (X) A MATERIAL, OR A CATEGORY OF MATERIAL, INTENDED TO BE USED FOR LONG-TERM STORAGE OR PROTECTION OF A DURABLE PRODUCT THAT CAN BE EXPECTED TO BE USABLE FOR THAT PURPOSE FOR A PERIOD OF AT LEAST FIVE YEARS AS DEFINED BY THE DEPARTMENT PURSUANT TO REGULATIONS; AND (XI) REUSABLE PACKAGING STILL FUNCTIONING FOR ITS INTENDED PURPOSE. 7. "MUNICIPALITY" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, LOCAL PUBLIC AUTHORITY OR BENEFIT CORPORATION, OR SOLID WASTE MANAGEMENT DISTRICT WITHIN THE STATE OF NEW YORK. 8. "POST-CONSUMER RECYCLED CONTENT" MEANS THE CONTENT OF A PRODUCT MADE FROM MATERIALS THAT HAVE SERVED THEIR INTENDED END USE AS CONSUMER ITEMS AND THAT HAVE BEEN SEPARATED OR DIVERTED FROM THE WASTE STREAM FOR THE PURPOSES OF COLLECTION AND RECYCLING AS A SECONDARY MATERIAL FEEDS- TOCK. SUCH MATERIALS MAY ALSO INCLUDE RETURNS OF MATERIAL FROM THE DISTRIBUTION CHAIN. POST-CONSUMER RECYCLED CONTENT DOES NOT INCLUDE WASTE MATERIAL GENERATED BY A MANUFACTURER DURING OR AFTER THE COMPLETION OF A MANUFACTURING PROCESS. 9. (A) "PRODUCER" MEANS AN ENTITY THAT SHALL BE DETERMINED TO BE THE PRODUCER, FOR THE PURPOSES OF THIS TITLE, BASED ON THE FOLLOWING HIERAR- CHY: (I) THE PERSON OR COMPANY WHO USES THE PACKAGING OR PAPER PRODUCT UNDER SUCH PERSON'S OWN NAME OR BRAND AND WHO SELLS OR OFFERS FOR SALE A PRODUCT THAT USES THE PACKAGING OR PAPER PRODUCT IN THE STATE; OR (II) THE PERSON WHO IMPORTS THE PACKAGING OR PAPER PRODUCT AS THE OWNER OR LICENSEE OF A TRADEMARK OR BRAND UNDER WHICH THE PACKAGING OR PAPER PRODUCTS ARE SOLD OR DISTRIBUTED IN THE STATE; OR (III) THE PERSON OR COMPANY THAT OFFERS FOR SALE, SELLS, OR DISTRIB- UTES A PRODUCT THAT USES THE PACKAGING OR PAPER PRODUCT IN THE STATE. (B) FOR PURPOSES OF THIS TITLE, A PRODUCER SHALL NOT INCLUDE THOSE THAT: (I) IN THE MOST RECENT CALENDAR YEAR, HAVE GROSS SALES OF LESS THAN ONE MILLION DOLLARS IN THE STATE; (II) IN THE MOST RECENT CALENDAR YEAR, GENERATE LESS THAN ONE TON OF PACKAGING AND PAPER PRODUCTS SUPPLIED TO NEW YORK STATE CONSUMERS PER YEAR; (III) OPERATE AS A SINGLE POINT OF RETAIL SALE; (IV) A PERSON OR COMPANY WHO PRODUCES, HARVESTS, AND PACKAGES A RAW AGRICULTURAL COMMODITY ON THE SITE WHERE THE AGRICULTURAL COMMODITY WAS GROWN OR RAISED; (V) ARE A MUNICIPALITY, LOCAL GOVERNMENT PLANNING UNIT, STATE GOVERN- MENT, OR FEDERAL GOVERNMENT; OR (VI) A REGISTERED 501(C)(3) CHARITABLE ORGANIZATION OR 501(C)(4) SOCIAL WELFARE ORGANIZATION. (C) IF MORE THAN ONE PERSON IS A PRODUCER OF A BRAND OF PACKAGING OR PAPER PRODUCT, ANY SUCH PERSON MAY ASSUME RESPONSIBILITY FOR OBLIGATIONS S. 4008 98 A. 3008 OF A PRODUCER OF THAT BRAND UNDER THIS TITLE. IF NONE OF THOSE PERSONS ASSUME RESPONSIBILITY FOR THE OBLIGATIONS OF A PRODUCER UNDER THIS TITLE, ANY AND ALL SUCH PERSONS JOINTLY AND SEVERALLY MAY BE CONSIDERED THE RESPONSIBLE PRODUCER OF THAT BRAND FOR PURPOSES OF THIS TITLE. 10. "PRODUCER RESPONSIBILITY ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS AN AGENT ON BEHALF OF EACH PARTICIPATING PRODUCER TO DEVELOP AND IMPLEMENT A PRODUC- ER RESPONSIBILITY PROGRAM. TO THE EXTENT APPLICABLE, A PRODUCER RESPON- SIBILITY ORGANIZATION SHALL HAVE A GOVERNING BOARD THAT REPRESENTS THE DIVERSITY OF PRODUCERS AND THE COVERED MATERIALS AND PRODUCT TYPES, AND SUCH BOARD SHALL INCLUDE NON-VOTING MEMBERS REPRESENTING A DIVERSITY OF MATERIAL TRADE ASSOCIATIONS. 11. "READILY-RECYCLABLE" MEANS A TYPE OF PACKAGING OR PAPER PRODUCT INCLUDED IN THE MINIMUM RECYCLABLES LIST ESTABLISHED PURSUANT TO SECTION 27-3403 OF THIS TITLE. 12. "RECOVERY RATE" MEANS THE AMOUNT OF PACKAGING OR PAPER PRODUCTS COLLECTED AND RECOVERED FOR REUSE OR RECYCLING OVER A PROGRAM YEAR BY MATERIAL TYPE, DIVIDED BY THE AMOUNT OF PACKAGING OR PAPER PRODUCTS SOLD INTO THE STATE, BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES. 13. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS, COMPONENTS OR COMMODITIES CONTAINED IN DISCARDED PACKAGING AND PAPER PRODUCTS FOR THE PURPOSE OF PREPARING THE MATERIALS, COMPONENTS, OR COMMODITIES FOR USE OR REUSE IN NEW PRODUCTS OR COMPONENTS. "RECYCLING" DOES NOT INCLUDE: (A) ENERGY RECOVERY OR ENERGY GENERATION BY ANY MEANS, INCLUDING BUT NOT LIMITED TO, COMBUSTION, INCINERATION, PYROLYSIS, GASI- FICATION, SOLVOLYSIS, WASTE TO FUEL OR ANY CHEMICAL CONVERSION PROCESS; OR (B) LANDFILL DISPOSAL OF DISCARDED COMPONENT MATERIALS. 14. "RECYCLING COLLECTION" MEANS A RECYCLING PROGRAM THAT SERVES RESI- DENTIAL UNITS, SCHOOLS, FEDERAL, STATE OR LOCAL AGENCIES, BUSINESSES, OR INSTITUTIONS, WHERE SUCH SCHOOLS, FEDERAL, STATE OR LOCAL AGENCIES, BUSINESSES, OR INSTITUTIONS WERE ELIGIBLE TO BE SERVED UNDER A CONTRACT WITH A MUNICIPALITY OR BY A MUNICIPALITY OR BY A PRIVATE SECTOR HAULER AS OF THE EFFECTIVE DATE OF THIS TITLE, AND SUCH RECYCLING PROGRAM IS EITHER OPERATED BY A MUNICIPALITY OR PURSUANT TO A CONTRACT WITH THE MUNICIPALITY, OR BY A PRIVATE SECTOR HAULER, OR OTHER PUBLIC AGENCY OR IDENTIFIED THROUGH APPROVED LOCAL SOLID WASTE MANAGEMENT PLANS. 15. "RECYCLING RATE" MEANS THE AMOUNT OF DISCARDED PACKAGING AND PAPER PRODUCTS THAT IS MANAGED THROUGH RECYCLING, AS DEFINED BY THIS TITLE, AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED PACKAGING AND PAPER PRODUCTS COLLECTED AND RECYCLED, BY MATERIAL TYPE, BY THE TOTAL AMOUNT OF DISCARDED PACKAGING AND PAPER PRODUCTS COLLECTED OVER A PROGRAM YEAR, BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES. 16. "REUSABLE" MEANS DESIGNED WITH THE INTENT TO BE REPEATEDLY REFILLED OR REUSED FOR THE SAME OR SIMILAR PURPOSE FOR WHICH IT WAS CREATED FOR; COMPLIANT WITH ANY STATUTORY OR REGULATORY REQUIREMENTS FOR TOXIC SUBSTANCES; AND SAFE FOR WASHING AND SANITIZING ACCORDING TO APPLICABLE STATE FOOD SAFETY LAWS. 17. "SOURCE REDUCTION" MEANS ANY ACTION WHICH CAUSES THE ELIMINATION OF OR A NET REDUCTION IN THE GENERATION OF SOLID WASTE AND INCLUDES, BUT IS NOT LIMITED TO, REDUCING THE USE OF NONRECYCLABLE MATERIALS, REPLAC- ING DISPOSABLE MATERIALS AND PRODUCTS WITH REUSABLE OR REFILLABLE MATE- RIALS AND PRODUCTS, REDUCING PACKAGING, AND INCREASING THE EFFICIENCY OF THE USE OF MATERIALS. SOURCE REDUCTION DOES NOT INCLUDE REPLACING A RECYCLABLE OR COMPOSTABLE MATERIAL WITH A NONRECYCLABLE OR NONCOMPOSTA- BLE MATERIAL OR A MATERIAL THAT IS LESS LIKELY TO BE RECYCLED OR COMPOSTED. S. 4008 99 A. 3008 18. "UNIT" MEANS EACH DISCRETE COMPONENT OF A PACKAGE OR CONTAINER. § 27-3403. NEEDS ASSESSMENT AND ESTABLISHMENT OF A PACKAGING AND PAPER PRODUCTS PROGRAM. 1. THE DEPARTMENT SHALL, SUBJECT TO AVAILABLE APPROPRIATIONS, PREPARE OR CAUSE TO BE PREPARED ONE OR MORE STATEWIDE NEEDS ASSESSMENTS DESIGNED TO DETERMINE THE NECESSARY STEPS AND INVESTMENT NEEDED TO ACHIEVE THE REQUIREMENTS OF THIS TITLE. AN INITIAL NEEDS ASSESSMENT SHALL BE COMPLETED BY THE DEPARTMENT, THEIR CONTRACTORS, OR AN INDEPEND- ENT THIRD PARTY, PRIOR TO THE APPROVAL OF ANY PRODUCER RESPONSIBILITY PROGRAM PLAN. 2. THE NEEDS ASSESSMENT SHALL BE UPDATED EVERY FIVE YEARS OR AS NECES- SARY, TO REEVALUATE THE PROGRAM AND IDENTIFY ANY RELEVANT SERVICE NEEDS IN THE STATE THAT ARE NOT BEING MET BY THE PROGRAM. THE DEPARTMENT OR THE THIRD-PARTY CONTRACTOR SHALL CONSULT WITH THE PRODUCER RESPONSIBIL- ITY ORGANIZATION AND LOCAL JURISDICTIONS WHEN DEVELOPING SUCH UPDATED NEEDS ASSESSMENTS. 3. BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, EACH PRODUCER OF PACK- AGING AND PAPER PRODUCTS AS DEFINED IN SECTION 27-3401 OF THIS TITLE SHALL SUBMIT A REGISTRATION FORM WITH THE DEPARTMENT OR THEIR CONTRAC- TORS. THE REGISTRATION FORM, AS DEVELOPED BY THE DEPARTMENT, SHALL INCLUDE THE FOLLOWING INFORMATION: (A) THE PRODUCER'S NAME, ELECTRONIC AND PHYSICAL ADDRESS, AND TELE- PHONE NUMBER; (B) THE NAME AND TITLE OF AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL DESIGNATED AS THE PRODUCER'S CONTACT FOR PURPOSES OF THIS TITLE; (C) A LIST IDENTIFYING THE PRODUCER'S PACKAGING AND PAPER PRODUCT BRANDS; (D) ESTIMATED SALES DATA; AND (E) OTHER INFORMATION AS DETERMINED BY THE DEPARTMENT. 4. EACH PRODUCER REGISTRATION FORM, SHALL BE ACCOMPANIED BY AN INITIAL PRODUCER REGISTRATION FEE AS FOLLOWS: (A) FIVE HUNDRED DOLLARS FOR PRODUCERS WITH GROSS SALES OF LESS THAN FIVE MILLION DOLLARS IN THE STATE IN THE MOST RECENT CALENDAR YEAR; (B) ONE THOUSAND DOLLARS FOR PRODUCERS WITH GROSS SALES OF GREATER THAN FIVE MILLION DOLLARS BUT LESS THAN TWENTY MILLION DOLLARS IN THE STATE IN THE MOST RECENT CALENDAR YEAR; (C) TEN THOUSAND DOLLARS FOR PRODUCERS WITH GROSS SALES OF GREATER THAN TWENTY MILLION DOLLARS AND LESS THAN FIFTY MILLION DOLLARS IN THE MOST RECENT CALENDAR YEAR; AND (D) TWENTY-FIVE THOUSAND DOLLARS FOR PRODUCERS WITH GROSS SALES OF GREATER THAN FIFTY MILLION DOLLARS IN THE MOST RECENT CALENDAR YEAR. 5. EACH PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON- SIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION THAT FILES A PLAN WITH THE DEPARTMENT SHALL SUBMIT A REGISTRATION FORM AND PLAN IMPLEMENTATION REGISTRATION AND ADMINISTRATIVE FEE ON BEHALF OF ALL PRODUCERS PARTICIPATING IN THE PROGRAM. IF A PRODUCER IS NOT PARTICIPAT- ING IN A PRODUCER RESPONSIBILITY ORGANIZATION PROGRAM, THEY MUST FILE A REGISTRATION FORM AND PAY A PLAN IMPLEMENTATION AND ADMINISTRATIVE FEE INDEPENDENTLY. THE DEPARTMENT SHALL PROMULGATE AN INDIVIDUAL PRODUCER AND PRODUCER RESPONSIBILITY PLAN IMPLEMENTATION AND ADMINISTRATIVE FEE SCHEDULE FOR COSTS ASSOCIATED WITH THE IMPLEMENTATION, ADMINISTRATION, AND ENFORCEMENT OF THIS TITLE. THE DEPARTMENT SHALL PERIODICALLY EVALU- ATE THE AMOUNT OF THE PLAN IMPLEMENTATION AND ADMINISTRATIVE FEES AND MAKE A DETERMINATION IF THE FEES SHOULD BE ADJUSTED BASED ON ACTUAL DEPARTMENT COSTS TO ADMINISTER THE PROGRAM. S. 4008 100 A. 3008 6. ALL FEES COLLECTED PURSUANT TO THIS TITLE SHALL BE DEPOSITED INTO THE WASTE REDUCTION, REUSE, AND RECYCLING FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW. 7. BY JUNE FIRST, TWO THOUSAND TWENTY-FOUR, AN ADVISORY COMMITTEE SHALL BE ESTABLISHED AND BEGIN PERFORMING ITS OBLIGATIONS PURSUANT TO SECTION 27-3405 OF THIS TITLE. 8. (A) BY JANUARY FIRST, TWO THOUSAND TWENTY-SIX, EACH PRODUCER IMPLE- MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR ANY PRODUCER RESPONSIBILITY ORGANIZATION, SHALL SUBMIT A PRODUCER RESPONSI- BILITY PROGRAM PLAN TO THE DEPARTMENT FOR APPROVAL AND BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS OF PLAN APPROVAL. (B) ANY PERSON THAT BECOMES A PRODUCER AFTER JANUARY FIRST, TWO THOU- SAND TWENTY-SIX, SHALL SUBMIT AN INDIVIDUAL EXTENDED PRODUCER RESPONSI- BILITY PROGRAM PLAN WITHIN SIX MONTHS AND BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS OF PLAN APPROVAL, OR JOIN A PRODUCER RESPONSIBILITY ORGANIZATION. 9. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, NO PRODUCER SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE PACKAGING OR PAPER PRODUCTS FOR USE IN NEW YORK UNLESS THE PRODUCER, OR ITS DESIGNATED PRODUCER RESPONSIBILITY ORGANIZATION, HAS A PRODUCER RESPONSIBILITY PROGRAM PLAN APPROVED BY THE DEPARTMENT. PRODUCERS MAY SATISFY PARTICIPATION OBLI- GATIONS INDIVIDUALLY OR JOINTLY WITH OTHER PRODUCERS THROUGH A PRODUCER RESPONSIBILITY ORGANIZATION. 10. TO ADDRESS PROGRAM PERFORMANCE, PRODUCERS SHALL BE REQUIRED TO EVALUATE HOW THEY ARE MEETING THE MINIMUM SOURCE REDUCTION, MINIMUM POST-CONSUMER RECYCLED CONTENT RATE, MINIMUM RECOVERY RATE, AND MINIMUM RECYCLING RATE FOR PACKAGING AND PAPER MATERIAL TYPES AS ESTABLISHED IN THIS TITLE. 11. (A) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR A PRODUCER RESPONSIBILITY ORGANIZATION SHALL ADOPT A MINIMUM RECYCLABLES LIST, WHICH LISTS THE MINIMUM TYPES OF RECYCLABLE PAPER PRODUCTS AND PACKAGING BASED ON AVAILABLE COLLECTION AND PROCESSING INFRASTRUCTURE AND RECYCLING MARKETS FOR COVERED MATERI- ALS AND PRODUCTS, AS IDENTIFIED IN THE NEEDS ASSESSMENT AND SUBSEQUENT REPORTS. SUCH A LIST SHALL BE APPROVED BY THE DEPARTMENT PRIOR TO ITS ADOPTION. THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL EVALUATE THE LIST ON AN ANNUAL BASIS, AND UPDATE IT AS NECESSARY IN CONSULTATION WITH THE ADVISORY COMMITTEE AND AS APPROVED BY THE DEPART- MENT, IN RESPONSE TO COLLECTION AND PROCESSING IMPROVEMENTS AND CHANGES IN RECYCLING END MARKETS. IF THERE ARE MULTIPLE LISTS, THE DEPARTMENT SHALL COMPILE THE LISTS AND SHALL PUBLISH A COMPILED LIST TO THE PUBLIC. SUCH LISTS MAY VARY BY GEOGRAPHIC REGION DEPENDING ON REGIONAL MARKETS AND REGIONAL COLLECTION AND PROCESSING INFRASTRUCTURE AS DETERMINED BY THE DEPARTMENT. (B) ALL MUNICIPALITIES OR PRIVATE ENTITIES SHALL PROVIDE FOR THE COLLECTION AND RECOVERY OF ALL IDENTIFIED MATERIALS AND PRODUCTS CONTAINED ON THE MINIMUM RECYCLABLES LIST IN A MANNER THAT ALLOWS FOR THE MARKETABILITY OF THE COLLECTED RECYCLABLES, BASED ON GEOGRAPHIC REGIONS, AS APPLICABLE, IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT; PROVIDED, HOWEVER, NOTHING SHALL PENALIZE A MUNICIPALITY OR PRIVATE RECYCLING SERVICE FOR RECOVERING AND RECYCLING MATERIALS THAT ARE GENER- ATED IN THE MUNICIPALITY OR GEOGRAPHIC REGION THAT ARE NOT INCLUDED ON THE LIST OF MINIMUM TYPES OF RECYCLABLE COVERED MATERIALS OR PRODUCTS SO LONG AS IT CAN BE DEMONSTRATED THAT SUCH MATERIALS HAVE A MARKET AS DETERMINED BY THE DEPARTMENT IN CONSULTATION WITH THE PRODUCER IMPLE- S. 4008 101 A. 3008 MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION. REIMBURSEMENT SHALL COVER COLLECTION, RECOVERY, AND PROCESSING OF ALL COVERED MATERIALS AND PRODUCTS SO LONG AS THE PROGRAM INCLUDES AT LEAST THE MINIMUM RECYCLA- BLES LIST. (C) THE DEPARTMENT MAY GRANT A WAIVER OF THE REQUIREMENTS IN PARAGRAPH (B) OF THIS SUBDIVISION UPON A WRITTEN SHOWING BY THE MUNICIPALITY OR PRIVATE ENTITY THAT COMPLIANCE WITH SUCH REQUIREMENT IS NOT PRACTICABLE FOR A SPECIFIC IDENTIFIED PRODUCT OR MATERIAL. THE WAIVER GRANTED BY THE DEPARTMENT SHALL NOT EXCEED TWELVE MONTHS. 12. NO PERSON MAY CHARGE A CONSUMER A DIRECT POINT-OF-SALE OR DIRECT POINT-OF-COLLECTION FEE TO RECOUP THE COSTS ASSOCIATED WITH MEETING THE OBLIGATIONS UNDER THIS TITLE. § 27-3405. ADVISORY COMMITTEE. 1. THE COMMISSIONER SHALL APPOINT MEMBERS TO THE ADVISORY COMMITTEE, WHICH SHALL BE COMPRISED OF AN ODD NUMBER OF MEMBERS, SUCH MEMBERS SHALL INCLUDE: (A) AN ASSOCIATION REPRESENTING MUNICIPALITIES AND AN ADDITIONAL MUNICIPAL REPRESENTATIVE FROM A CITY WITH A POPULATION OF ONE MILLION OR MORE RESIDENTS; (B) A MUNICIPAL RECYCLING PROGRAM; (C) TWO REPRESENTATIVES FROM ENVIRONMENTAL ORGANIZATIONS; (D) AN ENVIRONMENTAL JUSTICE COMMUNITY OR ORGANIZATION; (E) A STATEWIDE WASTE RECYCLING AND DISPOSAL ASSOCIATION; (F) A RECYCLABLES HANDLING AND RECOVERY FACILITY LOCATED WITHIN THE STATE OF NEW YORK; (G) A RECYCLING COLLECTION PROVIDER; (H) A MANUFACTURER OF PACKAGING MATERIALS UTILIZING POST-CONSUMER RECYCLED CONTENT; (I) A MANUFACTURER OF PAPER MATERIALS UTILIZING POST-CONSUMER RECYCLED CONTENT; (J) A REPRESENTATIVE OF AN AGRICULTURE ORGANIZATION; (K) A REPRESENTATIVE FROM THE COMPOSTING INDUSTRY; (L) A CONSUMER ADVOCATE; AND (M) A PUBLIC HEALTH SPECIALIST. NONVOTING MEMBERS SHALL INCLUDE A REPRESENTATIVE FROM EACH OF THE FOLLOWING: THE RETAIL SECTOR; THE GROCERY SECTOR; AND A PRODUCER OF PACKAGING PRODUCTS, A PRODUCER OF PAPER PRODUCTS, AND A PRODUCER RESPON- SIBILITY ORGANIZATION ESTABLISHED UNDER THIS TITLE. 2. THE ADVISORY COMMITTEE SHALL SELECT A CHAIR FROM AMONG THE MEMBERS. THE CHAIR WILL BE RESPONSIBLE FOR SELECTING SECRETARIAL SUPPORT FOR THE ADVISORY COMMITTEE. 3. THE ADVISORY COMMITTEE SHALL BE CONSULTED AS NEEDED, BUT AT LEAST ONCE, DURING THE DEVELOPMENT OF THE PRODUCER RESPONSIBILITY PROGRAM PLAN, PRIOR TO ANY UPDATE TO THE PRODUCER RESPONSIBILITY PROGRAM PLAN, AND PRIOR TO THE SUBMISSION OF AN ANNUAL REPORT. 4. EACH PRODUCER RESPONSIBILITY PLAN PREPARED BY A PRODUCER IMPLEMENT- ING AN INDIVIDUAL EXTENDED PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZA- TION PURSUANT TO THIS TITLE SHALL BE SUBMITTED TO THE ADVISORY COMMITTEE FOR ITS REVIEW AND COMMENTS ON WHETHER THE PLAN MEETS THE CRITERIA AND OBJECTIVES OF THIS TITLE. 5. THE ADVISORY COMMITTEE SHALL REVIEW THE SUBMITTED ANNUAL REPORTS AND MAKE SUCH RECOMMENDATIONS TO THE DEPARTMENT AND THE PRODUCER RESPON- SIBILITY ORGANIZATION FOR IMPROVING THE PLAN WITHIN SIXTY DAYS OF SUBMISSION. S. 4008 102 A. 3008 6. THE DECISIONS OF THE ADVISORY COMMITTEE SHALL BE BY A VOTE OF THE MAJORITY OF ITS MEMBERSHIP. 7. MEMBERS OF THE ADVISORY COMMITTEE SHALL BE REIMBURSED FOR ANY NECESSARY TRAVEL EXPENSES, RELATED TO PARTICIPATING ON THE ADVISORY COMMITTEE, BY THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION. MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE NO SALARY FROM A PRODUCER IMPLE- MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION. THE COSTS FOR SECRETARIAL SUPPORT TO THE ADVISORY COMMITTEE SHALL BE PAID FOR BY THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION. § 27-3407. POST-CONSUMER RECYCLED CONTENT, RECOVERY, RECYCLING, AND SOURCE REDUCTION RATES. 1. WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS TITLE, A PRODUCER OF PACKAGING PRODUCTS SHALL MEET THE FOLLOWING MINIMUM POST-CONSUMER RECYCLED CONTENT RATES, AS APPLICABLE, FOR THE MATERIAL TYPES STATED BELOW: (A) ALL GLASS PACKAGING SOLD OR OFFERED FOR SALE IN THE STATE BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST THIRTY-FIVE PERCENT POST- CONSUMER RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT OF POST-CONSUMER RECYCLED CONTENT SHALL INCREASE BY FIVE PERCENT, UNTIL REACHING FIFTY PERCENT. (B) ALL METAL PACKAGING SOLD OR OFFERED FOR SALE IN THE STATE BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST FIFTY PERCENT POST-CONSUMER RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT OF POST-CON- SUMER RECYCLED CONTENT SHALL INCREASE BY TEN PERCENT, UNTIL REACHING NINETY PERCENT. (C) ALL RIGID PLASTIC PACKAGING SOLD OR OFFERED FOR SALE IN THE STATE BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST TWENTY PERCENT POST- CONSUMER RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT OF POST-CONSUMER RECYCLED CONTENT SHALL INCREASE BY TEN PERCENT, UNTIL REACHING FIFTY PERCENT. (D) ALL NON-RIGID PLASTIC PACKAGING SOLD OR OFFERED FOR SALE IN THE STATE BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST TEN PERCENT POST-CONSUMER RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT OF POST-CONSUMER RECYCLED CONTENT SHALL INCREASE BY FIVE PERCENT, UNTIL REACHING FORTY PERCENT. (E) ALL CORRUGATED CARDBOARD PACKAGING SOLD OR OFFERED FOR SALE IN THE STATE BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST FIFTY PERCENT POST-CONSUMER RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT OF POST-CONSUMER RECYCLED CONTENT SHALL INCREASE BY FIVE PERCENT, UNTIL REACHING SEVENTY-FIVE PERCENT. (F) ALL PAPER PACKAGING, OTHER THAN CORRUGATED CARDBOARD PACKAGING, SOLD OR OFFERED FOR SALE IN THE STATE BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST THIRTY PERCENT POST-CONSUMER RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT OF POST-CONSUMER RECYCLED CONTENT SHALL INCREASE BY TEN PERCENT, UNTIL REACHING SEVENTY PERCENT. 2. WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS TITLE, PAPER PRODUCTS SOLD OR OFFERED FOR SALE IN THE STATE BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST THIRTY PERCENT POST-CONSUMER RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT OF POST-CONSUMER RECY- CLED CONTENT SHALL INCREASE BY TEN PERCENT, UNTIL REACHING SEVENTY PERCENT. S. 4008 103 A. 3008 3. ANY FOOD-GRADE PACKAGING OR PAPER PRODUCTS ARE EXEMPT FROM THE POST-CONSUMER RECYCLED CONTENT REQUIREMENTS OF THIS SECTION FOR A PERIOD OF AT LEAST TEN YEARS FROM THE EFFECTIVE DATE OF THIS TITLE. 4. A PRODUCER SHALL ACHIEVE COMPLIANCE WITH THE POST-CONSUMER RECYCLED CONTENT REQUIREMENTS OF THIS SECTION BASED ON THE AVERAGE AMOUNT OF POST-CONSUMER RECYCLED CONTENT, BY WEIGHT, CONTAINED IN ITS PACKAGING AND PAPER PRODUCTS, BY MATERIAL TYPE. A PRODUCER SHALL CALCULATE THE AVERAGE AMOUNT OF POST-CONSUMER RECYCLED CONTENT CONTAINED IN ITS PACK- AGING AND PAPER PRODUCTS USING DATA SPECIFIC TO PACKAGING AND PRODUCTS SOLD OR OFFERED FOR SALE IN THE STATE, OR IF SUCH DATA IS UNAVAILABLE, A PRODUCER MAY USE NATIONAL DATA. THE CALCULATION OF AVERAGES SHALL BE BASED ON A PRODUCER'S ENTIRE PRODUCT OFFERING OF PACKAGING AND PAPER PRODUCTS, SEPARATED BY MATERIAL TYPE. 5. A PRODUCER OR PRODUCER RESPONSIBILITY PROGRAM ON BEHALF OF ITS PRODUCERS, SHALL SUBMIT TO THE DEPARTMENT AT THE TIME OF ANNUAL REPORT- ING, A CERTIFICATION, IN WRITING, THAT THE PACKAGING AND PAPER PRODUCTS, AS APPLICABLE, SOLD OR OFFERED FOR SALE IN THE STATE, COMPLY WITH THE POST-CONSUMER RECYCLED CONTENT REQUIREMENTS OR HAVE BEEN GRANTED A WAIV- ER FROM THE REQUIREMENTS OF THIS SECTION. 6. THE DEPARTMENT MAY REQUIRE THAT A PRODUCER IMPLEMENTING AN INDIVID- UAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION, SUBMIT A THIRD-PARTY VERIFICATION OF A COMPLIANCE CERTIF- ICATION MADE PURSUANT TO THIS SECTION. 7. WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS TITLE, A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL MEET A MINIMUM RECOVERY RATE OF THIRTY-FIVE PERCENT, AND A MINIMUM RECYCLING RATE OF TWENTY-FIVE PERCENT. EVERY FIVE YEARS THEREAFTER, THE RECOVERY RATE SHALL INCREASE BY TEN PERCENT UNTIL REACHING EIGHTY-FIVE PERCENT, AND THE RECYCLING RATE SHALL INCREASE BY TEN PERCENT UNTIL REACHING SEVENTY-FIVE PERCENT. 8. WITHIN TEN YEARS OF THE EFFECTIVE DATE OF THIS TITLE, A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL ENSURE THAT BY WEIGHT OR BY UNIT, PACKAGING PRODUCTS MEET A SOURCE REDUCTION RATE OF FIFTEEN PERCENT. SOURCE REDUCTION CAN BE ACHIEVED BY ELIMINATING SINGLE-USE PACKAGING, INCLUDING SECONDARY OR TERTIARY PACKAGING, TRANSITIONING FROM SINGLE USE TO REUSABLE OR REFILLABLE PACKAGING, OR BY REDUCING THE AMOUNT OF SOURCE MATERIAL USED IN A PACKAGE, PROVIDED HOWEVER THE PRODUCER MAY NOT CHANGE FROM A MATERIAL OR FORMAT THAT IS READILY-RE- CYCLABLE TO A MATERIAL OR FORMAT THAT IS NOT READILY-RECYCLABLE. THE CALCULATION OF SOURCE REDUCTION MAY BE BASED ON A PRODUCER'S ENTIRE PRODUCT OFFERING OF PACKAGING AND PAPER PRODUCTS, SEPARATED INTO PRODUCT SUBLINES, OR THROUGH AN AGGREGATE FORM OF A PRODUCER RESPONSIBILITY ORGANIZATION. 9. THE DEPARTMENT MAY REVIEW AND ADJUST THE MINIMUM SOURCE REDUCTION, RECYCLING, AND RECOVERY RATES ESTABLISHED IN THIS TITLE BY REGULATION IF THE DEPARTMENT FINDS AND DETERMINES THE RATES ARE INFEASIBLE. IN MAKING A DETERMINATION OF INFEASIBILITY, THE DEPARTMENT SHALL CONSIDER, AT A MINIMUM: (A) THE FINDINGS OF THE NEEDS ASSESSMENT; (B) INFORMATION GATHERED FROM THE PRODUCER AND PRODUCER RESPONSIBILITY ORGANIZATION ANNUAL REPORTS; AND (C) ANY OTHER FACTORS DEEMED APPROPRIATE BY THE DEPARTMENT. 10. THE DEPARTMENT MAY REVIEW AND ADJUST ANY OF THE POST-CONSUMER RECYCLED CONTENT RATES ESTABLISHED IN THIS SECTION BY REGULATION. IN MAKING AN ADJUSTMENT PURSUANT TO THIS SUBDIVISION, THE DEPARTMENT SHALL CONSIDER, AT A MINIMUM: S. 4008 104 A. 3008 (A) CHANGES IN MARKET CONDITIONS, INCLUDING SUPPLY AND DEMAND FOR POST-CONSUMER RECYCLED MATERIALS, BOTH DOMESTICALLY AND GLOBALLY; (B) THE AVAILABILITY OF RECYCLED MATERIALS SUITABLE TO MEET THE MINI- MUM POST-CONSUMER RECYCLED CONTENT REQUIREMENTS: (C) POST-CONSUMER RECYCLED CONTENT REQUIREMENTS, INCLUDING THE AVAIL- ABILITY OF HIGH-QUALITY RECYCLED MATERIALS, AND FOOD-GRADE RECYCLED MATERIALS; (D) THE CAPACITY OF RECYCLING OR PROCESSING INFRASTRUCTURE; (E) UTILIZATION RATES OF THE MATERIALS; (F) THE PROGRESS MADE BY PRODUCERS IN MEETING THE POST-CONSUMER RECY- CLED TARGETS BY MATERIAL TYPE; AND (G) ANY OTHER FACTORS DEEMED APPROPRIATE AS DETERMINED BY THE DEPART- MENT, IN REGULATION. 11. ANY ADJUSTMENT TO THE MINIMUM RATES, SHALL ONLY BE FOR SUCH CONDI- TIONS AND FOR A DURATION AS ESTABLISHED BY THE DEPARTMENT IN REGULATION. 12. A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION MAY SUBMIT A REQUEST TO THE DEPARTMENT FOR A WAIVER FROM THE POST-CONSUMER RECYCLED CONTENT REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION. (A) THE DEPARTMENT MAY GRANT A WAIVER ONLY IF A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION DEMONSTRATES, AND THE DEPARTMENT FINDS, THAT SUCH PRODUCER OR PRODUCERS CANNOT MEET THE POST-CONSUMER RECYCLED CONTENT REQUIREMENTS OF THIS SECTION BECAUSE: (I) IT IS NOT TECHNOLOGICALLY OR ECONOMICALLY FEASIBLE TO ACHIEVE THE POST-CONSUMER RECYCLED CONTENT REQUIREMENTS; (II) THERE IS INADEQUATE AVAILABILITY OF RECYCLED MATERIAL OR A SUBSTANTIAL DISRUPTION IN THE SUPPLY OF RECYCLED MATERIAL; OR (III) THE PRODUCER CANNOT ACHIEVE THE POST CONSUMER RECYCLED CONTENT REQUIREMENTS AND REMAIN IN COMPLIANCE WITH APPLICABLE RULES AND REGU- LATIONS ADOPTED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION, OR ANY OTHER STATE OR FEDERAL LAW, RULE, OR REGULATION. (B) THE WAIVER REQUEST SHALL ALSO INCLUDE, AT A MINIMUM: (I) PROPOSED POST-CONSUMER RECYCLED CONTENT RATES THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION DEEMS ARE ACHIEVABLE, WITH SUFFI- CIENT JUSTIFICATION FOR THE DETERMINATION OF SUCH RATES; (II) SUPPORTING DOCUMENTATION FROM A FEDERAL OR STATE AGENCY OR CERTI- FIED THIRD PARTY EXPERT, AS APPROPRIATE, DEMONSTRATING THAT THE PRODUCER OR PRODUCERS CANNOT COMPLY WITH THE POST-CONSUMER RECYCLED CONTENT REQUIREMENTS OF THIS SECTION FOR ONE OF THE REASONS SET FORTH IN THIS SECTION; AND (III) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT AS DETERMINED IN REGULATION. 13. THE DEPARTMENT SHALL POST ON ITS WEBSITE, ON AN ANNUAL BASIS, ANY DETERMINATION TO GRANT A WAIVER FROM THE POST-CONSUMER RECYCLED CONTENT REQUIREMENTS. § 27-3409. PRODUCER RESPONSIBILITY PROGRAM PLAN. 1. BY JANUARY FIRST, TWO THOUSAND TWENTY-SIX, ANY PRODUCER IMPLEMENT- ING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR ANY PRODUCER RESPONSIBILITY ORGANIZATION, SHALL SUBMIT TO THE DEPARTMENT A PRODUCER RESPONSIBILITY PROGRAM PLAN, DETAILING ITS PROPOSED COLLECTION AND RECYCLING PROGRAM FOR PACKAGING AND PAPER PRODUCTS. 2. THE APPROVED PRODUCER RESPONSIBILITY PROGRAM PLAN SHALL BE VALID FOR FIVE YEARS AND SHALL BE REVIEWED AND UPDATED EVERY FIVE YEARS FOLLOWING THE IMPLEMENTATION DATE OF THE ORIGINAL PLAN. THE DEPARTMENT SHALL HAVE THE DISCRETION TO REQUIRE THE PLAN TO BE REVIEWED OR REVISED PRIOR TO THE FIVE-YEAR PERIOD IF THE DEPARTMENT HAS CAUSE TO BELIEVE THE MINIMUM POST-CONSUMER RECYCLED CONTENT RATES, MINIMUM RECOVERY RATES, S. 4008 105 A. 3008 MINIMUM RECYCLING RATES, AS ESTABLISHED IN THIS TITLE, OR OTHER OBLI- GATIONS OF THE PLAN AS SET FORTH IN THIS SECTION ARE NOT BEING MET OR FOLLOWED BY THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION, OR IF THERE HAS BEEN A CHANGE IN CIRCUMSTANCES THAT WARRANTS REVISION OF THE PLAN. 3. THE SUBMITTED PLAN SHALL, AT A MINIMUM, ADDRESS THE FOLLOWING: (A) CONTACT INFORMATION. CONTACT INFORMATION, INCLUDING THE NAME, ELECTRONIC AND PHYSICAL ADDRESS, AND TELEPHONE NUMBER OF THE AUTHORIZED REPRESENTATIVE OF THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION. (B) PARTICIPATING PRODUCER OR PRODUCERS. IDENTIFY THE PRODUCER OR PRODUCERS PARTICIPATING IN THE SUBMITTED PRODUCER RESPONSIBILITY PROGRAM PLAN. (C) CONSULTATION. A DESCRIPTION OF HOW THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR A PRODUCER RESPONSIBILITY ORGANIZATION CONSULTED WITH THE ADVISORY COMMITTEE, STAKEHOLDERS, AND THE PUBLIC IN THE DEVELOPMENT OF THE PLAN, AND TO WHAT EXTENT THE PRODUCERS OR THE PRODUCER RESPONSIBILITY ORGANIZATION SPECIF- ICALLY INCORPORATED THEIR INPUT INTO THE PLAN. PRODUCERS OR PRODUCER RESPONSIBILITY ORGANIZATIONS SHALL ALSO PROVIDE THE ADVISORY COMMITTEE SIXTY DAYS TO REVIEW AND COMMENT UPON THE DRAFT PLAN PRIOR TO ITS SUBMISSION TO THE DEPARTMENT. PRODUCERS IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATIONS SHALL ASSESS COMMENTS RECEIVED AND PROVIDE A SUMMARY AND ANALYSIS OF THE ISSUES RAISED BY THE ADVISORY COMMITTEE, A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT CHANGES WERE NOT INCORPORATED INTO THE PLAN, AND A DESCRIPTION OF THE CHANGES THAT WERE MADE TO THE PLAN AS A RESULT OF THOSE COMMENTS. (D) TYPES AND BRANDS OF PACKAGING AND PAPER PRODUCTS. A LIST OF THE TYPES AND BRANDS OF PACKAGING AND PAPER PRODUCTS FOR WHICH THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION IS RESPONSIBLE FOR. (E) FUNDING MECHANISM. A DESCRIPTION OF THE PROPOSED FUNDING MECHANISM THAT IS NECESSARY TO MEET THE REQUIREMENTS OF THIS TITLE AND IS SUFFI- CIENT TO COVER THE COST OF PLAN DEVELOPMENT AND REVISIONS, PROGRAM OPER- ATION, MUNICIPAL AND PRIVATE ENTITY REIMBURSEMENT, ADMINISTRATION OF THE PRODUCER RESPONSIBILITY ORGANIZATION, ACTUAL DEPARTMENT COSTS TO ADMIN- ISTER AND ENFORCE THIS TITLE, ELIGIBLE ADVISORY COMMITTEE EXPENSES, AND MAINTAINING A FINANCIAL RESERVE SUFFICIENT TO OPERATE THE PROGRAM IN A FISCALLY PRUDENT AND RESPONSIBLE MANNER. THE FOLLOWING OBJECTIVE FUND- ING AND REIMBURSEMENT DETAILS SHALL BE PROVIDED IN THE PRODUCER RESPON- SIBILITY PLAN: (I) PROPOSED PROGRAM CHARGES PAID BY PRODUCERS SHALL BE SET ON A MATERIAL-SPECIFIC COST OF THE RECYCLING PROGRAM. CHARGES SHALL VARY BASED ON, AT A MINIMUM: (A) COSTS TO PROVIDE COLLECTION OR OTHER FORMS OF CONSUMER RECYCLING SERVICE THAT IS, AT MINIMUM, AS CONVENIENT AS THE PREVIOUS WASTE COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION FOR ALL CONSUMERS; (B) COSTS TO PROCESS A PRODUCER'S COLLECTED PACKAGING AND PAPER PRODUCTS FOR SALE IN SECONDARY MATERIAL MARKETS; AND (C) THE COMMODITY VALUE OF PACKAGING AND PAPER PRODUCTS. (II) A PRODUCER RESPONSIBILITY ORGANIZATION SHALL ALSO STRUCTURE PROGRAM CHARGES PAID BY PRODUCERS TO PROVIDE FINANCIAL INCENTIVES THAT REWARD WASTE AND SOURCE REDUCTION, REWARD RECYCLING COMPATIBILITY INNO- VATIONS AND PRACTICES, AND REWARD PRODUCERS OF PACKAGING AND PAPER PRODUCTS THAT CAN BE EASILY RECYCLED, REUSED OR REFILLED, OR COMPOSTED. THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL CREATE A MECHANISM TO S. 4008 106 A. 3008 ALLOW PRODUCERS TO RECEIVE A CREDIT FOR ACHIEVING SOURCE REDUCTION BEYOND WHAT PRODUCERS OF SIMILAR COVERED MATERIAL ARE ACHIEVING. THE REVENUE FOR THAT CREDIT SHALL BE PAID FOR BY CHARGING PRODUCERS NOT ACHIEVING SOURCE REDUCTION FOR SIMILAR PRODUCTS A FEE AS FINANCIAL PENALTY. THE PROGRAM CHARGES SHALL ALSO DISINCENTIVIZE DESIGNS OR PRAC- TICES THAT INCREASE THE COSTS OF RECYCLING PACKAGING AND PAPER PRODUCTS. THE FOLLOWING SHALL BE CONSIDERED IN SETTING THE PROGRAM CHARGES: (A) WHETHER THE PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT EXCEEDS MINIMUM POST-CONSUMER RECYCLED CONTENT RATES AND THAT THE CONTENT DOES NOT DISRUPT THE POTENTIAL FOR FUTURE RECYCLING; (B) WHETHER THE PACKAGING OR PAPER PRODUCT EXCEEDS THE MINIMUM SOURCE REDUCTION RATE; (C) WHETHER THE PACKAGING OR PAPER PRODUCT IS COMPOSTABLE; (D) WHETHER THE PACKAGING OR PAPER PRODUCT WOULD TYPICALLY BE READI- LY-RECYCLABLE EXCEPT THAT THE PRODUCT HAS THE EFFECT OF DISRUPTING RECY- CLING PROCESSES OR THE PRODUCT INCLUDES LABELS, INKS, OR ADHESIVES CONTAINING HEAVY METALS THAT WOULD CONTAMINATE THE RECYCLING PROCESS; (E) WHETHER THE PACKAGING AND PAPER PRODUCT IS NONFOOD CONTACT PACKAG- ING THAT IS SPECIFICALLY DESIGNED TO BE REUSABLE OR REFILLABLE AND HAS A HIGH REUSE OR REFILL RATE, AS DETERMINED BY THE DEPARTMENT IN REGU- LATIONS, AND IF SO, SUCH PRODUCT SHALL BE EXCLUDED FROM ANY FEES; AND (F) OTHER FACTORS AS DETERMINED BY THE DEPARTMENT, INCLUDING, BUT NOT LIMITED TO, RECOMMENDATIONS FROM THE ADVISORY COMMITTEE WHICH PROMOTE FAVORABLE ENVIRONMENTAL OUTCOMES SUCH AS LOWER LIFE-CYCLE CONTRIBUTIONS OF PACKAGING TO PAPER PRODUCTS TO GREENHOUSE GAS EMISSIONS. (III) IN ADDITION TO THE REGULAR FUNDING MECHANISM, THE PRODUCER RESPONSIBILITY ORGANIZATION MAY INCLUDE A SPECIAL ASSESSMENT CHARGE ON SPECIFIC CATEGORIES OF PACKAGING AND PAPER PRODUCTS IF THE NATURE OF THE PACKAGING AND PAPER PRODUCT IMPOSES UNUSUAL COSTS IN RECYCLING COLLECTION OR PROCESSING IN MUNICIPAL RECYCLING FACILITIES. (F) DETERMINATION OF REASONABLE COSTS. A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPON- SIBILITY ORGANIZATION IS RESPONSIBLE FOR CALCULATING AND DISPERSING FUNDING TO MUNICIPALITIES AND PRIVATE ENTITIES (SUCH AS SOLID WASTE COLLECTION, TRANSPORTATION, SORTING, AND PROCESSING COMPANIES, AND OTHER PARTICIPATING SERVICE PROVIDERS) OPERATING UNDER THE PRODUCER OR PRODUC- ER RESPONSIBILITY ORGANIZATION'S PROGRAM PLAN FOR REASONABLE COSTS INCURRED BY THE MUNICIPALITY OR PRIVATE ENTITY. A SCHEDULE OF SUCH REASONABLE COSTS, DETERMINED IN CONSULTATION WITH THE ADVISORY COMMIT- TEE, SHALL BE INCLUDED IN THE PROGRAM PLAN. (I) TO CALCULATE REASONABLE COSTS, THE PRODUCER IMPLEMENTING AN INDI- VIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBIL- ITY ORGANIZATION SHALL, AT A MINIMUM, TAKE THE FOLLOWING FACTORS INTO CONSIDERATION: (A) POPULATION DENSITY OF THE PARTICULAR JURISDICTION TO BE SERVICED; (B) THE AMOUNT RECEIVED FROM THE SALE OF SOURCE SEPARATED MATERIALS; AND (C) TRANSPORTATION COSTS TO PROCESSING FACILITIES, PROCESSING COSTS FOR EACH RECYCLABLE MATERIAL, COST OF MANAGING NON-RECYCLABLE MATERIAL, DISPOSAL OF PROCESSING RESIDUALS, AND MARKETING COSTS OF MATERIAL. (II) TO FACILITATE THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZA- TION'S DETERMINATION OF REASONABLE COSTS, PARTICIPATING MUNICIPALITIES AND PRIVATE ENTITIES MUST SUBMIT DOCUMENTATION RELATED TO THEIR SPECIFIC COSTS AND THE VALUE OF MATERIALS TO THE PRODUCER IMPLEMENTING AN INDI- S. 4008 107 A. 3008 VIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBIL- ITY ORGANIZATION. (III) THE MUNICIPALITY OR PRIVATE ENTITY MAY NOT PASS ON TO ITS RESI- DENTS OR CUSTOMERS THE COSTS FOR WHICH IT HAS BEEN REIMBURSED BY THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION. (IV) ANY FUNDS DIRECTLY COLLECTED PURSUANT TO THIS TITLE SHALL NOT BE USED TO CARRY OUT LOBBYING ACTIVITIES, BRING A LAWSUIT AGAINST THE STATE, DEFEND LITIGATION INVOLVING CLAIMS OF A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER, OR FOR PAYMENT OF PENALTIES FOR VIOLATIONS OF THIS CHAP- TER. (G) MUNICIPAL AND PRIVATE ENTITY REIMBURSEMENT. A DESCRIPTION OF THE PROCESS FOR MUNICIPALITIES OR PRIVATE ENTITIES (SUCH AS SOLID WASTE COLLECTION, TRANSPORTATION, SORTING, AND PROCESSING COMPANIES, AND OTHER PARTICIPATING SERVICE PROVIDERS) OPERATING RECYCLING PROGRAMS UNDER THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION'S PROGRAM PLAN, TO RECOUP REASONABLE COSTS FROM THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION. IF A MUNICIPALITY DOES NOT PROVIDE COLLECTION FOR RECYCL- ABLES OR DOES NOT ELECT TO PARTICIPATE IN A PRODUCER OR PRODUCER RESPON- SIBILITY ORGANIZATION PROGRAM, AND UPON NOTICE TO THE PRODUCER RESPONSI- BILITY ORGANIZATION AND THE DEPARTMENT OF LACK OF PARTICIPATION, THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE RESPONSIBLE FOR CONTRACTING WITH A PRIVATE ENTITY TO ENSURE THE CONVENIENCE STAND- ARDS UNDER THIS TITLE ARE MET. (H) OUTREACH AND EDUCATION. A DESCRIPTION OF THE PRODUCER'S OR PRODUC- ER RESPONSIBILITY ORGANIZATION'S PUBLIC OUTREACH AND EDUCATION PROGRAM FOR CONSUMERS AND OTHER STAKEHOLDERS. (I) THE PLAN SHALL ADDRESS HOW THE OUTREACH AND EDUCATION PROGRAM WILL: (A) BE DESIGNED TO ACHIEVE THE MANAGEMENT GOALS OF PACKAGING AND PAPER PRODUCTS EXTENDED PRODUCER RESPONSIBILITY UNDER THIS TITLE, INCLUDING THE PREVENTION OF CONTAMINATION OF RECOVERED PRODUCTS THAT WOULD REDUCE THE PRODUCT'S MARKET VALUE OR LIMIT THE ABILITY TO USE THE MATERIAL TO CREATE NEW PRODUCTS; (B) BE COORDINATED ACROSS PRODUCER AND PRODUCER RESPONSIBILITY ORGAN- IZATION PROGRAMS TO AVOID CONFUSION FOR CONSUMERS; AND (C) CONSULT WITH MUNICIPALITIES AND OTHER STAKEHOLDERS, COORDINATE WITH AND ASSIST LOCAL MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS, SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES, AND DEVELOP AND PROVIDE OUTREACH AND EDUCATION TO THE DIVERSE POPU- LATIONS IN THE STATE, INCLUDING UTILIZING A VARIETY OF OUTREACH AND EDUCATION TOOLS AND ENSURING MATERIALS ARE ACCESSIBLE TO ALL PERSONS AND ARE PROVIDED IN MULTIPLE LANGUAGES. (II) PARTICIPATING PRODUCERS SHALL LABEL OR MARK PACKAGING AND PAPER PRODUCTS IN ACCORDANCE WITH CURRENT LABELING RULES, LAWS, OR REGULATIONS WITH INFORMATION TO ASSIST CONSUMERS IN RESPONSIBLY MANAGING AND RECYCL- ING PACKAGING AND PAPER PRODUCTS, RESPONSIBLY COMPOSTING PACKAGING AND PAPER PRODUCTS, AND EDUCATING CONSUMERS ABOUT THE PERCENTAGE OF POST- CONSUMER RECYCLED CONTENT. (III) DETAILS ON THE FOLLOWING COMPONENTS OF THE OUTREACH AND EDUCA- TION PROGRAM SHALL BE PROVIDED IN THE PLAN, AND AVAILABLE TO CONSUMERS AND OTHER STAKEHOLDERS ON THE PRODUCER'S OR PRODUCER RESPONSIBILITY ORGANIZATION'S PUBLIC EDUCATION PROGRAM WEBSITE: (A) PROPER END-OF-LIFE MANAGEMENT OF PACKAGING AND PAPER PRODUCTS; (B) THE LOCATION AND AVAILABILITY OF RECYCLING COLLECTION; S. 4008 108 A. 3008 (C) HOW TO PREVENT AND MINIMIZE LITTER OF PACKAGING AND PAPER PRODUCTS; (D) INFORMATION ON HOW CONSUMERS CAN REDUCE THEIR CONSUMPTION FOR SINGLE-USE PACKAGING AND PAPER PRODUCTS IN FAVOR OF MORE REUSABLE MATE- RIALS; (E) RECYCLING AND COMPOSTING INSTRUCTIONS THAT ARE: CONSISTENT STATE- WIDE, EXCEPT AS NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL LAWS, PROCESSING CAPABILITIES, AND RELEVANT MINIMUM RECYCLABLES LISTS; EASY TO UNDERSTAND; AND EASILY ACCESSIBLE; AND (F) A DESCRIPTION OF THE PROCESS FOR ANSWERING STAKEHOLDER QUESTIONS AND RESOLVING ANY ISSUES. (IV) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI- BILITY PROGRAM OR THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL REGU- LARLY EVALUATE THE EFFECTIVENESS OF ITS OUTREACH CAMPAIGN IN TERMS OF PROGRAM AWARENESS AND PARTICIPATION. THE PLAN SHALL INCLUDE A DESCRIPTION OF THE EVALUATION APPROACHES. (V) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI- BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL UNDERTAKE OUTREACH, EDUCATION, AND COMMUNICATIONS THAT ASSIST IN ATTAINING OR EXCEEDING THE MINIMUM SOURCE REDUCTION RATES, MINIMUM POST-CONSUMER RECYCLED CONTENT, MINIMUM RECOVERY RATES, AND MINIMUM RECYCLING RATES. (I) EXISTING INFRASTRUCTURE. HOW THE PRODUCER IMPLEMENTING AN INDIVID- UAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR THE PRODUCER RESPONSI- BILITY ORGANIZATION WILL WORK WITH EXISTING WASTE HAULERS, RECYCLABLES HANDLING AND RECOVERY FACILITIES, RECYCLERS, MUNICIPALITIES, AND ANY OTHER RELATED ENTITIES THAT PREPARE RECOVERED MATERIALS FOR END MARKETS TO: (I) OPERATE OR EXPAND CURRENT COLLECTION PROGRAMS THAT UTILIZE EXIST- ING SERVICE PROVIDERS AND INFRASTRUCTURE; (II) REDUCE CONTAMINATION OF RECYCLABLES COLLECTED AND DELIVERED TO PROCESSING FACILITIES WITH ANNUAL REPORTING ON CONTAMINATION LEVELS IN MATERIALS RECEIVED BY AND PROCESSED BY RECYCLABLES HANDLING AND RECOVERY FACILITIES OR SIMILAR ESTABLISHMENTS; (III) INVEST IN NEW OR UPGRADED INFRASTRUCTURE TO IMPROVE THE RECYCL- ING OF RECOVERED PACKAGING AND PAPER PRODUCTS; AND (IV) INVEST IN MARKET DEVELOPMENT FOR PACKAGING AND PAPER PRODUCTS TO IMPROVE SOURCE REDUCTION, REFILL RATES, OR RECYCLING COMPATIBILITY. (J) CONVENIENCE. A DESCRIPTION OF HOW THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPON- SIBILITY ORGANIZATION INTENDS TO MEET THE CONVENIENCE REQUIREMENTS SET FORTH AS FOLLOWS: (I) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI- BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE FOR A FREE, EQUITABLE AND CONVENIENT SYSTEM FOR CONSUMERS TO RECYCLE THE PACKAGING AND PAPER PRODUCTS IDENTIFIED UNDER THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION'S PROGRAM PLAN, THAT IS, AT MINIMUM: (A) AS CONVENIENT AS WASTE COLLECTION; (B) INCLUDES ALL ENTITIES PARTICIPATING IN THE RECYCLING COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION; AND (C) CONSISTENT WITH RELEVANT STATE AND LOCAL LAWS OR AS DEEMED APPRO- PRIATE BY THE DEPARTMENT. (II) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI- BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION MAY RELY ON A RANGE OF MEANS TO COLLECT VARIOUS CATEGORIES OF PACKAGING AND PAPER PRODUCTS INCLUDING, BUT NOT LIMITED TO, CURBSIDE COLLECTION, FACILITY S. 4008 109 A. 3008 DROP-OFF, AND EVENTS, SO LONG AS PACKAGING AND PAPER PRODUCTS COLLECTION OPTIONS INCLUDE RECYCLING COLLECTION SERVICES IF: (A) THE CATEGORY OF PACKAGING AND PAPER PRODUCTS IS SUITABLE FOR RECY- CLING COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIV- ING THE COLLECTED MATERIAL; (B) THE PACKAGING AND PAPER PRODUCTS CATEGORY IS NOT HANDLED THROUGH A DEPOSIT AND RETURN SCHEME, OTHER MANDATED PRODUCT STEWARDSHIP OR EXTENDED PRODUCER RESPONSIBILITY PROGRAM, OR BUY BACK SYSTEM THAT RELIES ON A COLLECTION SYSTEM OTHER THAN RECYCLING COLLECTION; AND (C) THE PROVIDER OF THE RECYCLING COLLECTION SERVICE AGREES TO THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM'S OR PRODUCER RESPONSIBILITY ORGANIZATION'S REIMBURSEMENT PROC- ESS FOR REASONABLE COSTS. (III) WHERE RECYCLING COLLECTION IS NOT AVAILABLE AND DROP-OFF COLLECTION FACILITIES ARE UTILIZED, CONSUMERS SHALL HAVE FREE AND EQUI- TABLE ACCESS TO FACILITIES THAT ARE WITHIN THE JURISDICTION AND WITHIN FIFTEEN MILES OF AT LEAST NINETY-FIVE PERCENT OF THE JURISDICTION'S POPULATION UNSERVED BY RECYCLING COLLECTION. (K) MINIMUM SOURCE REDUCTION, RECYCLING, RECOVERY AND POST-CONSUMER RECYCLED CONTENT RATES. A DESCRIPTION OF HOW THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION INTENDS TO MEET OR EXCEED THE MINIMUM SOURCE REDUCTION RATE, MINIMUM RECYCLING RATE, MINIMUM RECOVERY RATE, AND MINI- MUM POST-CONSUMER RECYCLED CONTENT RATE FOR PACKAGING OR PAPER PRODUCTS, BY MATERIAL TYPE. (L) END-OF-LIFE MANAGEMENT PROCESSES. A DESCRIPTION OF THE PROCESS FOR END-OF-LIFE MANAGEMENT, INCLUDING RECYCLING AND DISPOSAL, FOR EACH COMPONENT MATERIAL, USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES. (M) A DESCRIPTION OF HOW THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE THE RIGHT OF FIRST REFUSAL TO PURCHASE RECYCLED MATERIALS FROM PROCESSORS ON BEHALF OF PRODUCER MEMBERS INTERESTED IN OBTAINING RECYCLED FEEDSTOCK IN ORDER TO ACHIEVE POST-CONSUMER RECYCLED CONTENT OBJECTIVES. (N) PACKAGING AND PAPER PRODUCTS REDUCTION. A DESCRIPTION OF HOW A PRODUCER RESPONSIBILITY ORGANIZATION WILL WORK WITH PRODUCERS TO REDUCE PACKAGING AND PAPER PRODUCTS THROUGH PRODUCT DESIGN, SYSTEMS FOR REUS- ABLE PACKAGING INFORMED BY THE NEEDS ASSESSMENT, AND PRODUCT AND PACKAGE INNOVATIONS AND HOW THE PRODUCER RESPONSIBILITY ORGANIZATION WILL WORK WITH PRODUCERS TO HELP REDUCE A PRODUCER'S TOTAL AMOUNT OF NON-REUSABLE PACKAGING. (O) CONSUMER CONCERNS PROCESS. A PROCESS TO ADDRESS CONCERNS AND QUES- TIONS FROM CONSUMERS. (P) COORDINATION. A PROCESS TO COORDINATE WITH OTHER PRODUCERS AND PRODUCER RESPONSIBILITY ORGANIZATION PROGRAMS, IF APPLICABLE. (Q) ADDITIONAL INFORMATION. ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT. 4. (A) NO LATER THAN NINETY DAYS AFTER THE SUBMISSION OF THE PRODUCER RESPONSIBILITY PLAN, THE DEPARTMENT SHALL DETERMINE WHETHER TO APPROVE THE PLAN AS SUBMITTED; APPROVE THE PLAN WITH CONDITIONS; OR DENY THE PLAN. (B) THE DEPARTMENT SHALL CONSIDER THE FOLLOWING IN DETERMINING WHETHER TO APPROVE A PLAN: (I) WHETHER THE PLAN ADEQUATELY ADDRESSES ALL ELEMENTS DESCRIBED IN THIS SECTION; (II) WHETHER THE PRODUCER HAS UNDERTAKEN SATISFACTORY CONSULTATION WITH THE ADVISORY COMMITTEE AND HAS PROVIDED AN OPPORTUNITY FOR ADVISORY S. 4008 110 A. 3008 COMMITTEE INPUT IN THE DEVELOPMENT OF THE PLAN PRIOR TO SUBMISSION OF THE PLAN; (III) WHETHER THE PLAN ADEQUATELY PROVIDES FOR: (A) THE PRODUCER RESPONSIBILITY ORGANIZATION COLLECTING AND FUNDING THE COSTS OF COLLECTING AND PROCESSING PACKAGING AND PAPER PRODUCTS COVERED BY THE PLAN AND REIMBURSING A MUNICIPALITY OR PRIVATE ENTITY; (B) THE FUNDING MECHANISM TO COVER THE ENTIRE COST OF THE PRODUCER RESPONSIBILITY ORGANIZATION'S PROGRAM; (C) CONVENIENT AND FREE CONSUMER ACCESS TO COLLECTION FACILITIES OR COLLECTION SERVICES; (D) AN EVALUATION SYSTEM FOR THE PROGRAM CHARGE STRUCTURE, WHICH SHALL BE EVALUATED ON AN ANNUAL BASIS BY THE PRODUCER RESPONSIBILITY ORGANIZA- TION AND ADVISORY COMMITTEE AND RESUBMITTED TO THE DEPARTMENT ANNUALLY; AND (E) EFFECTIVE CONSUMER OUTREACH AND EDUCATION. (IV) WHETHER THE PLAN SATISFACTORILY PROVIDES FOR HOW THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR THE PRODUCER RESPONSIBILITY ORGANIZATION WILL MEET THE MINIMUM SOURCE REDUCTION RATES, MINIMUM POST-CONSUMER RECYCLED CONTENT RATES, RECOVERY RATES, AND RECYCLING RATES, WHICH WILL CREATE OR ENHANCE MARKETS FOR RECYCLED MATERIALS; AND (V) WHETHER THE PLAN CREATES A CONVENIENT SYSTEM FOR CONSUMERS TO RECYCLE PACKAGING AND PAPER PRODUCTS THAT MEET OR EXCEED THE CONVENIENCE CRITERIA SET FORTH IN THIS TITLE. (C) THE DEPARTMENT MAY DENY A PLAN OR PLAN RESUBMISSION. (I) IF A PLAN OR PLAN RESUBMISSION IS DENIED, THE DEPARTMENT SHALL INFORM THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION IN WRITING AS TO ANY DEFICIENCIES IN SAID PLAN OR PLAN RESUBMISSION. A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL AMEND AND RESUBMIT ANY DENIED PLANS FOR RECONSIDERATION WITHIN SIXTY DAYS OF NOTIFICATION OF THE DENIAL OF SAID PLAN. THE DEPARTMENT SHALL APPROVE OR DENY SAID PLAN WITHIN THIRTY DAYS OF RESUBMISSION. (II) IF A PLAN IS DENIED A SECOND TIME, THE DEPARTMENT WILL PROVIDE THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION WITH DIRECTION FOR MEET- ING ANY ADDITIONAL REQUIRED ELEMENTS OF THE PLAN IT DEEMS NECESSARY. (D) THE DEPARTMENT MAY RESCIND THE APPROVAL OF AN APPROVED PLAN AT ANY TIME FOR JUST CAUSE. IF A PLAN IS RESCINDED, THE DEPARTMENT SHALL INFORM THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON- SIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION IN WRITING AS TO ANY AND ALL REASONS WHY THE PLAN WAS RESCINDED. A PRODUCER IMPLEMENT- ING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL AMEND AND RESUBMIT ANY RESCINDED PLANS FOR RECONSIDERATION WITHIN SIXTY DAYS OF NOTIFICATION OF THE RESCISSION OF SAID PLAN. THE DEPARTMENT SHALL APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF RESUBMISSION. 5. THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI- BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL NOTIFY THE DEPARTMENT OF ANY MODIFICATION TO THE PROGRAM. IF THE DEPARTMENT DETER- MINES THAT THE PRODUCER RESPONSIBILITY PLAN HAS BEEN SUBSTANTIALLY MODI- FIED, THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON- SIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION, AFTER CONSULTATION WITH THE ADVISORY COMMITTEE, SHALL SUBMIT A PROPOSED PLAN AMENDMENT DESCRIBING THE CHANGES TO THE DEPARTMENT WITHIN NINETY DAYS OF S. 4008 111 A. 3008 THE DETERMINATION. WITHIN NINETY DAYS OF RECEIPT OF A PROPOSED AMENDED PLAN, THE DEPARTMENT SHALL DETERMINE WHETHER THE AMENDED PLAN COMPLIES WITH THIS TITLE. THE DEPARTMENT SHALL SEND A LETTER NOTIFYING THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION OF: (A) APPROVAL; OR (B) DISAPPROVAL, INCLUDING THE REASONS FOR REJECTING THE PLAN. THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE THE DEPARTMENT'S LETTER OF DISAPPROVAL TO THE ADVISORY COMMITTEE. THE PRODUCER IMPLE- MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL SUBMIT A REVISED PLAN WITHIN SIXTY DAYS AFTER RECEIPT OF THE LETTER OF DISAPPROVAL. 6. THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI- BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL REIMBURSE THE DEPARTMENT ANNUALLY AT THE TIME OF ANNUAL REPORTING FOR THE ACTUAL COSTS TO ADMINISTER AND ENFORCE THIS TITLE, WHICH SHALL BE DEPOSITED TO THE CREDIT OF THE WASTE REDUCTION, REUSE, AND RECYCLING FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW. § 27-3411. REPORTING REQUIREMENTS AND AUDITS. 1. FIFTEEN MONTHS AFTER THE FIRST PLAN OF A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPON- SIBILITY ORGANIZATION IS IMPLEMENTED, AND ANNUALLY THEREAFTER, EACH PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM, OR EACH PRODUCER RESPONSIBILITY ORGANIZATION, SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT DETAILS THE PRIOR CALENDAR YEAR'S PROGRAM. THE REPORT SHALL BE POSTED ON THE WEBSITE OF THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION AND ON THE DEPARTMENT'S WEBSITE. 2. SUCH ANNUAL REPORT SHALL INCLUDE: (A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT, AND PROCESS PACKAGING AND PAPER PRODUCTS INCLUDING DETAILING COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE PROGRAM'S COLLECTION CONVENIENCE; (B) A DETAILED DESCRIPTION OF THE AMOUNT OF PACKAGING AND PAPER PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS IN THE STATE ON AN ANNUAL BASIS, INCLUDING A PERCENTAGE OF PACKAGING AND PAPER PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS IN THE STATE THROUGH INTERNET TRANSACTIONS; (C) THE AMOUNT PER TON OR AMOUNT PER UNIT, OF PACKAGING AND PAPER PRODUCTS COLLECTED FOR REUSE OR RECYCLING IN THE STATE, BY MATERIAL TYPE; (D) THE AMOUNT PER TON OR AMOUNT PER UNIT, BY MATERIAL TYPE, OF PACK- AGING AND PAPER PRODUCTS COLLECTED FOR REUSE OR RECYCLING IN THE STATE BY THE METHOD OF DISPOSITION; (E) THE TOTAL COST OF IMPLEMENTING THE PROGRAM; (F) FINANCIAL STATEMENTS DETAILING ALL DEPOSITS RECEIVED AND REIMBURSEMENTS PAID BY THE PRODUCERS COVERED BY THE APPROVED PLAN; (G) A DETAILED ACCOUNTING OF HOW THE PROGRAM COMPENSATED MUNICI- PALITIES, SOLID WASTE COLLECTION, TRANSPORTATION, SORTING, AND REPROC- ESSING COMPANIES, AND OTHER ENTITIES, FOR THEIR RECYCLING EFFORTS AND OTHER RELATED SERVICES; (H) A DESCRIPTION OF INVESTMENTS MADE IN INFRASTRUCTURE AND MARKET DEVELOPMENT IN NEW YORK STATE AS RELATED TO THE NEEDS IDENTIFIED, INCLUDING THE AMOUNT SPENT EXPRESSED AS A PERCENTAGE OF THE PROGRAM'S TOTAL ANNUAL EXPENDITURES; S. 4008 112 A. 3008 (I) A DESCRIPTION OF INVESTMENTS MADE AND AN EVALUATION OF THE EFFEC- TIVENESS OF OUTREACH AND EDUCATION EFFORTS TO DETERMINE WHETHER CHANGES ARE NECESSARY TO IMPROVE THOSE OUTREACH AND EDUCATION EFFORTS. IF THE DEPARTMENT DETERMINES IMPROVEMENTS ARE NECESSARY, THE PRODUCER IMPLE- MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL DEVELOP NEW AND IMPROVED OUTREACH AND EDUCATION METHODS FOR APPROVAL BY THE DEPARTMENT; (J) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS OR OTHER ENTITIES; (K) A DETAILED LIST OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED; (L) THE ACHIEVED SOURCE REDUCTION RATES, POST-CONSUMER RECYCLED CONTENT RATES, RECOVERY RATES, AND RECYCLING RATES FOR PACKAGING AND PAPER PRODUCT MATERIAL TYPES, HOW THE RATES WERE DERIVED, AND A DISCUSSION OF HOW THESE RATES MAY BE IMPROVED. IF, UPON CONSULTATION WITH THE ADVISORY COMMITTEE, THERE IS REASON TO ADJUST MINIMUM RATES, THE ANNUAL REPORT SHALL INCLUDE SUGGESTIONS AND JUSTIFICATIONS FOR THE DEPARTMENT TO CONSIDER REVISION OF SUCH RATES IN REGULATION; (M) A DETAILED DESCRIPTION OF ANY EFFORTS UNDERTAKEN TO REDUCE THE AMOUNT OF PACKAGING USED; CHANGES IN MATERIAL TYPES USED IN PACKAGING THAT HAVE HELPED TO IMPROVE RECYCLABILITY, POST-CONSUMER RECYCLED CONTENT RATES, RECOVERY RATES, RECYCLING RATES FOR PACKAGING, GREENHOUSE GAS EMISSIONS, AND THE EFFECT ON PROGRAM IMPLEMENTATION COSTS FROM SUCH EFFORTS; (N) A DISCUSSION ON THE FEASIBILITY TO INCREASE CONSUMER CONVENIENCE THROUGH CURBSIDE COLLECTION, FACILITY DROP-OFF, COLLECTION EVENTS OR OTHER ALTERNATIVES, AND TO EXPAND THE PROGRAM, FOR EXAMPLE, TO INCLUDE ADDITIONAL SERVICE TO CONSUMERS WITHOUT PREVIOUS ACCESS TO RECYCLING COLLECTION, AND PUBLIC SPACES, AS WELL AS A DISCUSSION ON HOW THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION PLANS FOR CONTINUOUS IMPROVEMENT; AND (O) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT IN REGU- LATION. 3. PRIOR TO THE SUBMISSION OF THE ANNUAL REPORT, ALL DATA AND INFORMA- TION THAT IS MATERIAL TO THE DEPARTMENT'S REVIEW OF THE PROGRAM'S COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE SHALL BE ANNUALLY AUDITED AND VERIFIED BY AN INDEPENDENT THIRD-PARTY AUDITOR, APPROVED BY THE DEPARTMENT. THIS INCLUDES, BUT IS NOT LIMITED TO, A REVIEW AND VERIFICA- TION OF ALL FINANCIAL DOCUMENTATION AND ALL INFORMATION RELATED TO THE SOURCE REDUCTION RATES, MATERIAL RECYCLING RATES, RECOVERY RATES, AND THE POST-CONSUMER RECYCLED CONTENT RATES. A COPY OF THE INDEPENDENT AUDIT SHALL BE INCLUDED IN THE ANNUAL REPORT. 4. THE DEPARTMENT SHALL NOT REQUIRE PUBLIC REPORTING OF ANY CONFIDEN- TIAL INFORMATION THAT THE DEPARTMENT DETERMINES TO BE A TRADE SECRET, CONFIDENTIAL COMMERCIAL INFORMATION, OR CRITICAL INFRASTRUCTURE INFORMA- TION, IN ACCORDANCE WITH ARTICLE SIX OF THE PUBLIC OFFICERS LAW AND THE DEPARTMENT'S RULES AND REGULATIONS PROMULGATED PURSUANT THERETO. § 27-3413. ANTITRUST PROTECTIONS. A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION THAT ORGANIZES THE COLLECTION, TRANSPORTATION, AND PROCESSING OF PACKAGING AND PAPER PRODUCTS, IN ACCORDANCE WITH A PRODUCER RESPONSIBILITY PROGRAM PLAN APPROVED UNDER THIS TITLE, SHALL NOT BE LIABLE FOR ANY CLAIM OF A VIOLATION OF ANTITRUST, RESTRAINT OF TRADE, OR UNFAIR TRADE PRACTICE S. 4008 113 A. 3008 ARISING FROM CONDUCT UNDERTAKEN IN ACCORDANCE WITH THE PROGRAM PURSUANT TO THIS TITLE; PROVIDED, HOWEVER, THIS SECTION SHALL NOT APPLY TO ANY AGREEMENT ESTABLISHING OR AFFECTING THE PRICE OF PACKAGING OR A PAPER PRODUCT, OR THE OUTPUT OR PRODUCTION OF ANY AGREEMENT RESTRICTING THE GEOGRAPHIC AREA OR CUSTOMERS TO WHICH PACKAGING OR A PAPER PRODUCT WILL BE SOLD. § 27-3415. PENALTIES. 1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. 2. (A) ANY PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION WHO VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN THREE THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. (B) ALL PRODUCERS PARTICIPATING IN A PRODUCER RESPONSIBILITY ORGANIZA- TION SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY PENALTIES ASSESSED AGAINST THE PRODUCER RESPONSIBILITY ORGANIZATION PURSUANT TO THIS TITLE AND ARTICLE SEVENTY-ONE OF THIS CHAPTER. 3. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART- MENT AFTER AN OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION, OR OTHER APPROVAL ISSUED BY THE DEPARTMENT MAY BE REVOKED OR SUSPENDED OR A PEND- ING RENEWAL DENIED. 4. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE DEPOSITED TO THE CREDIT OF THE WASTE REDUCTION, REUSE, AND RECYCLING FUND AS ESTABLISHED PURSUANT TO SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW. § 27-3417. STATE PREEMPTION. JURISDICTION IN ALL MATTERS PERTAINING TO COSTS AND FUNDING MECHANISMS OF PRODUCER RESPONSIBILITY ORGANIZATIONS RELATING TO THE RECOVERY OF PACKAGING AND PAPER PRODUCTS BY THIS TITLE, IS VESTED EXCLUSIVELY IN THE STATE, PROVIDED HOWEVER THAT NOTHING IN THIS SECTION SHALL (I) RELIEVE A MUNICIPALITY FROM COMPLYING WITH THE REQUIREMENTS UNDER EXISTING LAW OR PROHIBIT A MUNICIPALITY FROM ENFORCING SUCH EXISTING LAW, (II) PRECLUDE A MUNICIPALITY OR SOLID WASTE COLLECTION COMPANY FROM DETERMINING WHAT ADDITIONAL MATERIALS SHALL BE REQUIRED TO BE SOURCE SEPARATED FOR REUSE OR RECYCLING IN A MUNICIPALITY, OR (III) PRECLUDE A MUNICIPALITY OR SOLID WASTE COLLECTION COMPANY FROM COORDINATING THE COLLECTION OF PACK- AGING AND PAPER PRODUCTS FOR RECYCLING OR REUSE. § 27-3419. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO PROMULGATE RULES AND REGU- LATIONS NECESSARY AND APPROPRIATE FOR THE ADMINISTRATION OF THIS TITLE, S. 4008 114 A. 3008 INCLUDING BUT NOT LIMITED TO PLAN IMPLEMENTATION, REGISTRATION AND ADMINISTRATIVE FEE SCHEDULES, WAIVERS, AND ADJUSTMENTS OF RATES. § 27-3421. SEVERABILITY. THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE AND IF ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS TITLE OR THE APPLICABILITY THERE- OF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY. § 4. The state finance law is amended by adding a new section 92-kk to read as follows: § 92-KK. WASTE REDUCTION, REUSE, AND RECYCLING FUND. 1. THERE IS HERE- BY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF THE DEPARTMENT OF TAXATION AND FINANCE, A SPECIAL FUND TO BE KNOWN AS THE "WASTE REDUCTION, REUSE, AND RECYCLING FUND". 2. THE WASTE REDUCTION, REUSE, AND RECYCLING FUND SHALL CONSIST OF ALL REVENUE COLLECTED FROM INITIAL PRODUCER REGISTRATION FEES AND PLAN IMPLEMENTATION REGISTRATION AND ADMINISTRATIVE FEES PURSUANT TO TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY COST RECOVERIES OR OTHER REVENUES COLLECTED PURSUANT TO TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVA- TION LAW, AND ANY OTHER MONIES DEPOSITED INTO THE FUND PURSUANT TO LAW. 3. MONEYS OF THE FUND, SUBJECT TO APPROPRIATION, SHALL BE USED FOR EXECUTION OF THE PROGRAM PURSUANT TO TITLE THIRTY-FOUR OF ARTICLE TWEN- TY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, AND EXPENDED FOR THE PURPOSES AS SET FORTH IN TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW AND MAY BE MADE AVAILABLE FOR GRANTS FOR PLANNING AND IMPLEMENTATION RELATED TO WASTE REDUCTION, REUSE, AND RECYCLING BASED ON FUNDING AVAILABILITY AND NEEDS DETERMINED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. § 5. This act shall take effect January 1, 2024. PART QQ Section 1. Section 56-0501 of the environmental conservation law is amended by adding a new subdivision 3 to read as follows: 3. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-THREE--TWO THOU- SAND TWENTY-FOUR, ENVIRONMENTAL RESTORATION PROJECTS MAY BE FUNDED WITH- IN AVAILABLE APPROPRIATIONS. § 2. Subdivision 1 of section 56-0502 of the environmental conserva- tion law is REPEALED. § 3. Subdivisions 1-a and 5 of section 56-0502 of the environmental conservation law, subdivision 1-a as added and subdivision 5 as amended by section 2 of part D of chapter 577 of the laws of 2004, are amended and a new subdivision 1 is added to read as follows: 1. "CONTAMINANT" SHALL MEAN HAZARDOUS WASTE AS DEFINED IN SECTION 27-1301 OF THIS CHAPTER, PETROLEUM AS DEFINED IN SECTION ONE HUNDRED SEVENTY-TWO OF THE NAVIGATION LAW, AND EMERGING CONTAMINANTS AS DEFINED IN SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC HEALTH LAW. 1-a. "Contamination" or "contaminated" shall [have the same meaning as provided in section 27-1405 of this chapter] MEAN THE PRESENCE OF A CONTAMINANT IN ANY ENVIRONMENTAL MEDIA, INCLUDING SOIL, SURFACE WATER, GROUNDWATER, AIR, OR INDOOR AIR. 5. "Municipality", for purposes of this title, shall have the same meaning as provided in subdivision fifteen of section 56-0101 of this article, except that such term shall not refer to a municipality that [generated, transported, or disposed of, arranged for, or that caused the generation, transportation, or disposal of contamination located at S. 4008 115 A. 3008 real property proposed to be investigated or to be remediated under an environmental restoration project. For purposes of this title, the term municipality includes a municipality acting in partnership with a commu- nity based organization], THROUGH DELIBERATE ACTION OR INACTION, INTEN- TIONALLY OR RECKLESSLY CAUSED OR CONTRIBUTED TO CONTAMINATION, OUTSIDE OF ITS PERFORMANCE OF GOVERNMENTAL FUNCTIONS, WHICH THREATENS PUBLIC HEALTH OR THE ENVIRONMENT, AT REAL PROPERTY TO BE INVESTIGATED OR REME- DIATED UNDER AN ENVIRONMENTAL RESTORATION PROJECT. § 4. Paragraph (c) of subdivision 2 of section 56-0503 of the environ- mental conservation law, as amended by section 38 of part BB of chapter 56 of the laws of 2015, is amended to read as follows: (c) A provision that the municipality shall assist in identifying a responsible party by searching local records, including property tax rolls, or document reviews, and if, in accordance with the required departmental approval of any settlement with a responsible party, any responsible party payments become available to the municipality, before, during or after the completion of an environmental restoration project, which were not included when the state share was calculated pursuant to this section, [the state assistance share shall be recalculated, and] THE VALUE OF SUCH SETTLEMENT SHALL BE USED BY THE MUNICIPALITY TO FUND ITS MUNICIPAL SHARE, AND THE STATE ASSISTANCE SHARE SHALL NOT BE RECAL- CULATED, TO THE EXTENT THAT THE TOTAL OF ALL SUCH SETTLEMENT AMOUNTS IS EQUAL TO OR LESS THAN THE MUNICIPAL SHARE. TO THE EXTENT THE TOTAL OF ALL SUCH SETTLEMENT AMOUNTS EXCEEDS THE MUNICIPAL SHARE, the munici- pality shall pay SUCH EXCEEDANCE to the state, for deposit into the environmental restoration project account of the hazardous waste remedi- al fund established under section ninety-seven-b of the state finance law[, the difference between the original state assistance payment and the recalculated state share. Recalculation of the state share shall be done each time a payment from a responsible party is received by the municipality]; § 5. Paragraphs (a), (d), and (e) of subdivision 1 of section 56-0505 of the environmental conservation law, as amended by section 5 of part D of chapter 1 of the laws of 2003, are amended and two new paragraphs (f) and (g) are added to read as follows: (a) the benefit to the environment AND PUBLIC HEALTH realized by the expeditious remediation of the property proposed to be subject to such project; (d) real property in a designated brownfield opportunity area pursuant to section nine hundred seventy-r of the general municipal law OR REAL PROPERTY IN A DISADVANTAGED COMMUNITY PURSUANT TO SUBDIVISION FIVE OF SECTION 75-0101 OF THIS CHAPTER; [and] (e) the opportunity for other funding sources to be available for the INVESTIGATION OR remediation of such property, including, but not limit- ed to, enforcement actions against responsible parties (other than the municipality to which state assistance was provided under this title; or a successor in title, lender, or lessee who was not otherwise a respon- sible party prior to such municipality taking title to the property), state assistance payments pursuant to title thirteen of article twenty- seven of this chapter, and the existence of private parties willing to remediate such property using private funding sources. Highest priority shall be granted to projects for which other such funding sources are not available[.], EXCLUDING STATE OR FEDERAL FUNDS FOR THE INVESTIGATION OR REMEDIATION PROJECT RECEIVED OR TO BE RECEIVED BY THE MUNICIPALITY; (F) FOR DRINKING WATER CONTAMINATION SITES AS DEFINED IN SECTION 27-1201 OF THIS CHAPTER, ANY REQUIREMENTS MADE BY THE COMMISSIONER OF S. 4008 116 A. 3008 HEALTH PURSUANT TO SECTION 27-1205 OF THIS CHAPTER, FOR A MUNICIPALLY OWNED PUBLIC WATER SYSTEM TO TAKE ACTION TO REDUCE EXPOSURE TO AN EMERG- ING CONTAMINANT OR CONTAMINANTS; AND (G) ANY SUCH OTHER CRITERIA DEEMED APPROPRIATE BY THE DEPARTMENT. § 6. Subdivision 2 of section 56-0505 of the environmental conserva- tion law is REPEALED. § 7. Subdivisions 3, 4, and 5 of section 56-0505 of the environmental conservation law are renumbered subdivisions 2, 3, and 4 and subdivision 2, as amended by section 5 of part D of chapter 1 of the laws of 2003 and as renumbered by this section, is amended to read as follows: 2. The remediation objective of an environmental restoration remedi- ation project shall meet the same standard for protection of public health and the environment that applies to remedial actions undertaken pursuant to [section] SECTIONS 27-1313 AND 27-1205 of this chapter. § 8. Subdivision 3 of section 56-0509 of the environmental conserva- tion law, as amended by section 4 of part D of chapter 577 of the laws of 2004, is amended to read as follows: 3. The state shall indemnify and save harmless any municipality[,] THAT COMPLETES AN ENVIRONMENTAL RESTORATION REMEDIATION PROJECT IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF A STATE ASSISTANCE CONTRACT OR WRITTEN AGREEMENT PURSUANT TO SUBDIVISION THREE OF SECTION 56-0503 OF THIS TITLE PROVIDING SUCH ASSISTANCE AND ANY successor in title, lessee, or lender [identified in paragraph (a) of subdivision one of this section in the amount of any judgment or settlement, obtained against such municipality, successor in title, lessee, or lender in any court for any common law cause of action arising out of the presence of any contamination in or on property at anytime before the effective date of a contract entered into pursuant to this title] FOR JUDGMENTS OR SETTLE- MENTS OBTAINED AGAINST SUCH MUNICIPALITY, SUCCESSOR IN TITLE, LESSEE, OR LENDER IN ANY COURT FOR ANY COMMON LAW CAUSE OF ACTION ARISING OUT OF MUNICIPAL ACTIONS RELATED TO THE IMPLEMENTATION OF THE ENVIRONMENTAL RESTORATION REMEDIATION PROJECT. Such municipality, successor in title, lessee, or lender shall be entitled to representation by the attorney general, unless the attorney general determines, or a court of competent jurisdiction determines, that such representation would constitute a conflict of interest, in which case the attorney general shall certify to the comptroller that such party is entitled to private counsel of its choice, and reasonable attorneys' fees and expenses shall be reimbursed by the state. Any settlement of such an action shall be subject to the approval of the attorney general as to form and amount, and this subdi- vision shall not apply to any settlement of any such action which has not received such approval. § 9. Notwithstanding subdivisions a, b, and c of section 32 of chapter 413 of the laws of 1996, a memorandum of understanding shall not be required to make available twenty million dollars ($20,000,000) from the Clean Water/Clean Air Bond Act of 1996 for state assistance payments to municipalities for environmental remediation in accordance with title 5 of article 56 of the environmental conservation law. § 10. This act shall take effect immediately. PART RR Section 1. The section heading of section 11-0935 of the environmental conservation law, as added by section 1 of part ZZ of chapter 55 of the laws of 2021, is amended to read as follows: Deer hunting [pilot] program. S. 4008 117 A. 3008 § 2. Section 2 of part ZZ of chapter 55 of the laws of 2021 amending the environmental conservation law relating to establishing a deer hunt- ing pilot program is amended to read as follows: § 2. This act shall take effect June 1, 2021 [and shall expire and be deemed repealed December 31, 2023]. § 3. This act shall take effect immediately. PART SS Section 1. Section 33-0705 of the environmental conservation law, as amended by section 1 of item NN of subpart B of part XXX of chapter 58 of the laws of 2020, is amended to read as follows: § 33-0705. Fee for registration. The applicant for registration shall pay a fee as follows: a. [On or before July 1, 2023, six] SIX hundred dollars for each pesticide proposed to be registered, provided that the applicant has submitted to the department proof in the form of a federal income tax return for the previous year showing gross annual sales, for federal income tax purposes, of three million five hundred thousand dollars or less; AND b. [On or before July 1, 2023, for] FOR all others, six hundred twenty dollars for each pesticide proposed to be registered[; c. After July 1, 2023, fifty dollars for each pesticide proposed to be registered]. § 2. Section 9 of chapter 67 of the laws of 1992, amending the envi- ronmental conservation law relating to pesticide product registration timetables and fees, as amended by section 2 of item NN of subpart B of part XXX of chapter 58 of the laws of 2020, is amended to read as follows: § 9. This act shall take effect April 1, 1992 provided, however, that section three of this act shall take effect July 1, 1993 [and shall expire and be deemed repealed on July 1, 2023]. § 3. This act shall take effect July 1, 2023. PART TT Section 1. Short title. This act shall be known and may be cited as the "Suffolk County water quality restoration act". § 2. Legislative intent. The county of Suffolk ("county"), with a population of one million five hundred thousand persons, has in excess of three hundred eighty thousand existing onsite systems, comprised mostly of cesspools and septic systems, with two hundred nine thousand of these onsite systems in environmentally sensitive areas which could benefit from nitrogen-reducing technologies. The United States Environ- mental Protection Agency recognizes Long Island as having a sole source aquifer system for its drinking water supply. Suffolk county has an imminent need to preserve this valuable water resource by reducing the amount of nitrogen discharged into the groundwater by onsite systems. The full water cycle is impacted by increasing quantities of nutrients, pathogens, pesticides, volatile organic contaminants and saltwater intrusion, as well as a number of emerging threats such as prescription drugs and sea level rise. The Suffolk county subwatersheds wastewater plan ("SWP"), certified by the department of environmental conservation as a Nine Elements Watershed (9E) plan, has documented the devastating effects of high S. 4008 118 A. 3008 levels of nitrogen pollution, not only on the drinking water quality, but also on coastal ecosystems, dissolved oxygen, water clarity, eelgrass, wetlands, shellfish, coastal resilience and in triggering harmful algal blooms. The SWP, is a long-term plan to address the need for wastewater treatment infrastructure throughout the county comprehen- sively over a period of fifty years. The SWP delineates the source and concentration of nitrogen loading in one hundred ninety-one subwat- ersheds throughout the county, and establishes nitrogen reduction goals for each watershed. For many areas of the county, installing or connecting sewers is not a practical or cost-effective method of treating wastewater. For that reason, the SWP prescribes a hybrid approach that relies on sewering where feasible, and the replacement of cesspools and septic systems with innovative/alternative onsite wastewater treatment systems. The consol- idation of any or all of the twenty-seven county sewer districts, as well as unsewered areas of the county, into a county-wide wastewater management district would allow for the implementation of a much needed integrated long-term wastewater solution for the county through compre- hensive planning and management to improve water quality and support new housing production. The purpose of this act is to create a water quality restoration fund to finance projects for the protection, preservation, and rehabilitation of groundwater and surface waters as recommended by the SWP. This act would allow the funding of projects that will mitigate wastewater pollu- tants utilizing the best available technology consistent with the SWP and address barriers to housing and economic development. This act shall provide Suffolk county with the authority to create a county-wide wastewater management district through the consolidation of existing county special districts with currently unsewered areas of the county and the authority to consolidate existing town districts and village sewer systems. A county-wide wastewater management district will provide an integrated and efficient approach to managing wastewater services across the county; allow the county to enhance and expand its incentive program to property owners to upgrade their wastewater treat- ment systems without risk of adverse personal income tax consequences; to manage, monitor and enforce nitrogen reduction programs throughout the county; to complete additional sewer extension projects; improve the economic wellbeing of communities; make progress on barriers to housing development; and provide an opportunity to consolidate and streamline the county's existing sewer district system and normalize the inequita- ble rate structure that has long existed. § 3. The county law is amended by adding a new section 256-b to read as follows: § 256-B. SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT. 1. (A) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, INCLUDING THIS ARTICLE, THE COUNTY LEGISLATURE OF SUFFOLK COUNTY IS HEREBY AUTHORIZED TO ESTABLISH BY RESOLUTION A SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT, HEREINAFTER REFERRED TO IN THIS SECTION AS THE "DISTRICT", WHICH SHALL INCLUDE ALL POWERS OF A SEWER DISTRICT AND A WASTEWATER DISPOSAL DISTRICT AS PROVIDED IN SECTION TWO HUNDRED FIFTY OF THIS ARTICLE AND AS SET FORTH IN THIS SUBDIVISION, PURSUANT TO THE PROCEDURE CONTAINED IN THIS SECTION. (B) IN ADDITION TO THE POWERS PROVIDED IN SECTION TWO HUNDRED FIFTY OF THIS ARTICLE, THE DISTRICT SHALL HAVE THE POWER, AS DETERMINED BY THE COUNTY LEGISLATURE, TO: (I) CONSOLIDATE ALL OF THE ORIGINAL SEWER DISTRICTS WITHIN THE COUNTY AS WELL AS UNSEWERED AREAS OF THE COUNTY, S. 4008 119 A. 3008 UNDER THE JURISDICTION OF THE DISTRICT; (II) ESTABLISH ONE OR MORE ZONES OF ASSESSMENT WITHIN THE DISTRICT BASED UPON TERRITORIAL BOUNDARIES, THE METHOD OF WASTEWATER COLLECTION, TREATMENT AND DISPOSAL, EXISTING OR PROPOSED, OR BOTH, AND MAKE CHANGES TO SUCH ZONES OF ASSESSMENTS; (III) ACQUIRE INTERESTS IN REAL PROPERTY WHICH MAY BE COMPLETED BY THE TRANS- FER OF PROPERTY OF ORIGINAL SEWER DISTRICTS TO THE DISTRICT, NECESSARY FOR THE INSTALLATION AND MAINTENANCE OF DISTRICT FACILITIES; (IV) PRIOR- ITIZE DISTRICT PROJECTS IN ACCORDANCE WITH THE SUFFOLK COUNTY SUBWAT- ERSHED WASTEWATER PLAN (SWP) ADOPTED BY THE COUNTY LEGISLATURE, AND ANY AMENDMENTS THERETO; (V) RECEIVE FUNDS FROM THE COUNTY OR THE WATER QUAL- ITY RESTORATION FUND, AS ESTABLISHED BY SUBDIVISION ELEVEN OF THIS SECTION; (VI) ASSUME AND PAY ANY REMAINING INDEBTEDNESS OF EACH ORIGINAL SEWER DISTRICT; (VII) ESTABLISH AND PROVIDE FOR THE COLLECTION OF CHARG- ES, RATES, TAXES OR ASSESSMENTS TO PROVIDE FOR THE COSTS OF OPERATION, EXPENSES, THE SUMS SUFFICIENT TO PAY THE ANNUAL INSTALLMENT OF PRINCIPAL OF, AND INTEREST ON, OBLIGATIONS FOR IMPROVEMENTS OF THE DISTRICT, MAIN- TENANCE AND IMPROVEMENTS OF THE DISTRICT, INCLUDING BUT NOT LIMITED TO: (A) SPECIAL ASSESSMENT AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (B) SPECIAL AD VALOREM LEVY AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (C) SEWER RENT AS PROVIDED UNDER ARTICLE FOURTEEN-F OF THE GENERAL MUNICIPAL LAW; (VIII) DISTRIBUTE GRANT PROCEEDS WITHIN THE DISTRICT IN ACCORDANCE WITH THE GOALS ESTABLISHED IN THE SWP; AND (IX) ADOPT, AMEND AND REPEAL, FROM TIME TO TIME, RULES AND REGULATIONS FOR THE OPERATION OF A COUNTY DISTRICT. 2. BOUNDARIES. THE BOUNDARIES OF THE DISTRICT UPON FORMATION SHALL INCLUDE THE BOUNDARIES OF ALL COUNTY SPECIAL DISTRICTS CONSOLIDATED INTO THE DISTRICT AND ALL UNSEWERED AREAS OF THE COUNTY. THE ULTIMATE PURPOSE OF THE DISTRICT SHALL BE TO CONSOLIDATE AND EXTEND THE DISTRICT BOUNDA- RIES TO COINCIDE WITH THE TERRITORIAL BOUNDARIES OF THE COUNTY OF SUFFOLK. 3. COUNTY AGENCY REVIEW AND REPORT. THE COUNTY LEGISLATURE SHALL DIRECT THE COUNTY AGENCY, APPOINTED OR ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FIFTY-ONE OF THIS ARTICLE, TO REVIEW AND REPORT THEREON TO THE COUNTY LEGISLATURE ON THE CREATION OF THE DISTRICT AND THE MERGER THEREWITH OF ANY OR ALL EXISTING COUNTY SEWER DISTRICTS IN ACCORDANCE WITH THIS SECTION AND SUCH OTHER DETAILS AS MAY BE DIRECTED BY THE COUN- TY LEGISLATURE CONSISTENT WITH THIS ARTICLE. WHEN THE AGENCY HAS CAUSED SUCH REPORT TO BE PREPARED, IT SHALL TRANSMIT IT TO THE COUNTY LEGISLA- TURE. UPON RECEIPT OF THE REPORT, THE COUNTY LEGISLATURE SHALL CALL A PUBLIC HEARING PURSUANT TO SUBDIVISION FIVE OF THIS SECTION TO CREATE A SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT IN ACCORDANCE WITH THIS SECTION. SUCH REPORT SHALL BE FILED IN THE OFFICE OF THE CLERK OF THE LEGISLATURE OF SUFFOLK COUNTY. 4. RESOLUTION. THE COUNTY LEGISLATURE OF SUFFOLK COUNTY MAY ADOPT A RESOLUTION CALLING A PUBLIC HEARING UPON THE PROPOSED CREATION OF THE DISTRICT. 5. NOTICE. THE CLERK OF THE COUNTY LEGISLATURE SHALL GIVE NOTICE OF THE HEARING DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION IN SUCH NEWS- PAPERS AND WITHIN SUCH TIME PERIOD AS SET FORTH IN SECTION TWO HUNDRED FIFTY-FOUR OF THIS ARTICLE. SUCH NOTICE SHALL SPECIFY THE TIME, DATE AND LOCATION OF SUCH HEARING AND, IN GENERAL TERMS, DESCRIBE THE PROPOSED ESTABLISHMENT OF THE DISTRICT AND THE PROPOSED BASIS OF THE FUTURE ASSESSMENT OF ALL COSTS OF OPERATION, MAINTENANCE AND IMPROVE- MENTS OF THE DISTRICT. S. 4008 120 A. 3008 6. HEARING AND RESOLUTION TO ESTABLISH. (A) THE COUNTY LEGISLATURE SHALL MEET AT THE TIME, DATE AND LOCATION SPECIFIED IN SUCH NOTICE AND HEAR ALL PERSONS INTERESTED IN THE SUBJECT MATTER THEREOF CONCERNING THE SAME. IF THE COUNTY LEGISLATURE DETERMINES THAT IT IS IN THE PUBLIC INTEREST TO ESTABLISH THE DISTRICT AS SPECIFIED IN SUCH NOTICE, IT SHALL FURTHER DETERMINE BY RESOLUTION: (I) WHETHER ALL PROPERTY AND PROPERTY OWNERS WITHIN THE PROPOSED DISTRICT ARE BENEFITED THEREBY; AND (II) WHETHER ALL OF THE PROPERTY AND PROPERTY OWNERS BENEFITED ARE INCLUDED WITHIN THE LIMITS OF THE PROPOSED DISTRICT, THE COUNTY LEGISLATURE MAY ADOPT A RESOLUTION, SUBJECT TO A MANDATORY REFERENDUM, ESTABLISHING THE DISTRICT. (B) THE PERMISSION OF THE STATE COMPTROLLER SHALL NOT BE REQUIRED TO ESTABLISH A DISTRICT CREATED PURSUANT TO THIS SECTION. 7. NOTICE OF ADOPTION OF RESOLUTION. WITHIN TEN DAYS AFTER THE ADOPTION BY THE COUNTY LEGISLATURE OF THE RESOLUTION TO ESTABLISH THE DISTRICT DESCRIBED IN SUBDIVISION SIX OF THIS SECTION, THE COUNTY LEGIS- LATURE SHALL GIVE NOTICE THEREOF, AT THE EXPENSE OF THE COUNTY, BY THE PUBLICATION OF A NOTICE IN SUCH NEWSPAPERS AND WITHIN SUCH TIME PERIOD AS SET FORTH IN SECTION ONE HUNDRED OF THIS CHAPTER. SUCH NOTICE SHALL SET FORTH THE DATE OF ADOPTION OF THE RESOLUTION AND CONTAIN AN ABSTRACT OF SUCH RESOLUTION, DESCRIBING, IN GENERAL TERMS, THE DISTRICT, THE BASIS FOR THE FUTURE ASSESSMENT OF ALL COSTS OF OPERATION, MAINTENANCE AND IMPROVEMENTS, AND THAT SUCH RESOLUTION WAS ADOPTED SUBJECT TO A MANDATORY REFERENDUM. 8. ASSESSMENTS, LEVYS AND CHARGES. AFTER THE ESTABLISHMENT OF THE DISTRICT IN ACCORDANCE WITH THIS SECTION, THE COUNTY IS HEREBY AUTHOR- IZED BY RESOLUTION APPROVED BY MAJORITY VOTE OF THE TOTAL MEMBERSHIP OF THE COUNTY LEGISLATURE TO ASSESS, LEVY AND COLLECT UPON EACH LOT OR PARCEL OF LAND SUBJECT TO TAXATION WITHIN THE DISTRICT: (A) SPECIAL ASSESSMENT AS THAT TERM IS DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (B) SPECIAL AD VALOREM LEVY AS THAT TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; AND (C) SEWER RENTS AS PROVIDED BY ARTICLE FOURTEEN-F OF THE GENERAL MUNICIPAL LAW. SUCH COSTS AND EXPENSES MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, THE AMOUNT OF MONEY REQUIRED TO PAY THE ANNUAL EXPENSES OF MAINTENANCE, OPERATION, PERSONNEL SERVICES OF THE DISTRICT AND THE SUMS SUFFICIENT TO PAY THE ANNUAL INSTALLMENT OF PRINCIPAL OF, AND INTEREST ON, OBLIGATIONS FOR IMPROVEMENTS OF THE DISTRICT. SUCH SUMS SO LEVIED SHALL BE COLLECTED BY THE LOCAL TAX COLLECTORS OR RECEIVERS OF TAXES AND ASSESSMENTS AND SHALL BE PAID OVER TO THE CHIEF FISCAL OFFICER OF THE COUNTY, IN THE SAME MANNER AND AT THE SAME TIME AS TAXES LEVIED FOR GENERAL COUNTY PURPOSES. THE CHIEF FISCAL OFFICER SHALL KEEP A SEPARATE ACCOUNT OF SUCH MONEYS AND THEY SHALL BE USED ONLY FOR PURPOSES SET FORTH IN THIS SECTION, AND IN ADDITION, ALL MONIES COLLECTED FROM EACH ZONE OF ASSESSMENT ESTABLISHED OR AMENDED IN ACCORDANCE WITH THIS SECTION SHALL BE FURTHER SEGREGATED AND SHALL NOT BE COMMINGLED WITH MONIES OF OTHER ZONES OF ASSESSMENT EXCEPT UPON APPROVAL BY RESOLUTION OF THE COUNTY LEGISLATURE UPON RECOMMENDATION OF THE DISTRICT BOARD OF TRUSTEES ESTABLISHED IN ACCORDANCE WITH THE SUFFOLK COUNTY WATER QUALITY RESTORATION ACT. 9. OTHER LAWS. ALL PROVISIONS OF THE REAL PROPERTY TAX LAW AND THE SUFFOLK COUNTY TAX ACT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME, NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, RELATING TO THE ASSESSING, LEVY AND COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS, AD VALOREM LEVIES AND SEWER RENTS IN THE COUNTY SHALL APPLY AND BE OF S. 4008 121 A. 3008 EQUAL FORCE AND APPLICABILITY TO SPECIAL ASSESSMENTS, AD VALOREM LEVIES AND SEWER RENTS AUTHORIZED PURSUANT TO THIS SECTION. 10. TOWNS AND VILLAGES. THIS SECTION SHALL NOT BE CONSTRUED AS MERGING THE SEWER DISTRICTS OF TOWNS AND VILLAGES WITHIN THE COUNTY OF SUFFOLK INTO THE DISTRICT CREATED BY THIS SECTION, HOWEVER THE MERGER OF ANY TOWN OR VILLAGE DISTRICT, OR VILLAGE SEWERAGE SYSTEM WITH THE DISTRICT SHALL BE IN ACCORDANCE WITH SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE AND SHALL CONSOLIDATE WITH THE SUFFOLK COUNTY WASTEWATER MANAGE- MENT DISTRICT AND RESULT IN THE EXTENSION OF THIS DISTRICT'S BOUNDARIES. 11. WATER QUALITY RESTORATION FUND. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, MONIES SHALL BE DEPOSITED IN A SPECIAL FUND BY THE COUNTY OF SUFFOLK, TO BE DESIGNATED AS THE WATER QUALITY RESTORATION FUND, TO BE CREATED BY SAID COUNTY THEREFOR, SEPARATE AND APART FROM ANY OTHER FUNDS AND ACCOUNTS OF THE COUNTY. IN NO EVENT SHALL MONIES DEPOS- ITED IN THE FUND BE TRANSFERRED TO ANY OTHER ACCOUNT. DEPOSITS INTO THE FUND MAY INCLUDE REVENUES OF SUFFOLK COUNTY FROM WHATEVER SOURCE. THE FUND SHALL BE ABLE TO RECEIVE ANY STATE GRANTS OR FUNDING AND ALSO BE AUTHORIZED TO ACCEPT GIFTS OF FUNDS. INTEREST ACCRUED BY MONIES DEPOSIT- ED INTO THE FUND SHALL BE CREDITED TO THE FUND. THE PROCEDURAL REQUIRE- MENTS OF THIS SUBDIVISION SHALL ONLY APPLY TO PROJECTS THAT INTEND TO USE MONIES FROM THE WATER QUALITY RESTORATION FUND AND NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE FINANCING IN WHOLE OR IN PART, PURSUANT TO THE LOCAL FINANCE LAW, OF ANY PROJECT AUTHORIZED PURSUANT TO THIS SECTION. MONIES FROM THE FUND MAY BE UTILIZED TO REPAY ANY INDEBTEDNESS OR OBLIGATIONS INCURRED PURSUANT TO THE LOCAL FINANCE LAW CONSISTENT WITH EFFECTUATING THE PURPOSES OF THIS SECTION. MONIES IN SAID FUND MAY BE APPROPRIATED FROM OR EXPENDED IN ANY FISCAL YEAR TO IMPLEMENT THE POWERS SET FORTH IN THIS SECTION AND TO REPAY ANY INDEBT- EDNESS OR OBLIGATIONS INCURRED PURSUANT TO THE LOCAL FINANCE LAW FOR THE PURPOSES AUTHORIZED PURSUANT TO THIS SECTION. (B) (I) FOR PURPOSES OF THIS SECTION: "WATER QUALITY IMPROVEMENT PROJECT" SHALL MEAN THE PLANNING, DESIGN, CONSTRUCTION, ACQUISITION, ENLARGEMENT, EXTENSION, OR ALTERATION OF A WASTEWATER TREATMENT FACILI- TY, INCLUDING INDIVIDUAL HOOKUPS, OR AN INDIVIDUAL SEPTIC SYSTEM, INCLUDING AN ALTERNATIVE WASTEWATER TREATMENT FACILITY OR AN INDIVIDUAL SEPTIC SYSTEM WITH ACTIVE TREATMENT, TO TREAT, NEUTRALIZE, STABILIZE, ELIMINATE OR PARTIALLY ELIMINATE SEWAGE OR REDUCE POLLUTANTS, INCLUDING PERMANENT OR PILOT DEMONSTRATION WASTEWATER TREATMENT PROJECTS, OR EQUIPMENT OR FURNISHINGS THEREOF. SUCH PROJECTS SHALL HAVE AS THEIR PURPOSE THE REMEDIATION OF EXISTING WATER QUALITY TO MEET SPECIFIC WATER QUALITY STANDARDS CONSISTENT WITH THE SWP. PROJECTS CONSISTENT WITH OR LISTED IN THE SWP THAT ARE PART OF A PLAN ADOPTED BY A LOCAL GOVERNMENT RESULTING IN A NET NITROGEN REDUCTION SHALL BE ELIGIBLE FOR CONSIDER- ATION BY THE DISTRICT BOARD OF TRUSTEES, ESTABLISHED IN ACCORDANCE WITH SUBDIVISION SIX OF THIS SECTION. (II) OTHER THAN FOR THE PAYMENT OF INDEBTEDNESS OR OBLIGATIONS INCURRED AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT FOR THE PREPARATION OF THE SWP IMPLEMENTATION PLAN, ITSELF, NO MONIES MAY BE EXPENDED UNTIL THE SWP IMPLEMENTATION PLAN HAS BEEN PREPARED AND APPROVED AS PROVIDED FOR IN THIS SECTION. (C) (I) WITHIN THE LOCAL LAW ESTABLISHING THE WATER QUALITY RESTORA- TION FUND, THE COUNTY SHALL ESTABLISH A DISTRICT BOARD OF TRUSTEES OF SEVENTEEN MEMBERS TO PREPARE, REVIEW AND APPROVE THE SWP IMPLEMENTATION PLAN FOR SUBMISSION TO THE COUNTY EXECUTIVE AND COUNTY LEGISLATURE AND SHALL SPECIFY THE POWERS AND DUTIES OF THE DISTRICT BOARD OF TRUSTEES, INCLUDING THE PROCEDURES FOR APPOINTMENT OF A CHAIRPERSON. SUCH S. 4008 122 A. 3008 APPROVAL SHALL BE IN ADDITION TO ALL OTHER APPROVALS REQUIRED BY LAW. THE BOARD OF TRUSTEES SHALL CONSIST OF: (A) A REPRESENTATIVE FROM THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; (B) A REPRESENTATIVE FROM THE EAST END SUPERVISORS AND MAYORS ASSOCIATION; (C) A REPRESENTATIVE OF THE SUFFOLK TOWN SUPERVISORS ASSOCIATION; (D) A REPRESENTATIVE OF THE SUFFOLK COUNTY VILLAGE OFFICIALS ASSOCIATION; (E) A TOWN REPRESENTATIVE FROM THE STATE CENTRAL PINE BARRENS JOINT PLANNING AND POLICY COMMISSION TO BE DESIGNATED BY THE COMMISSION; (F) A MUNICIPAL REPRESENTATIVE FROM THE PECONIC ESTUARY PARTNERSHIP; (G) A MUNICIPAL REPRESENTATIVE FROM THE STATE SOUTH SHORE ESTUARY RESERVE; (H) A MUNICIPAL REPRESENTATIVE FROM THE LONG ISLAND SOUND ESTUARY; (I) A REPRESENTATIVE OF THE LONG ISLAND FEDERATION OF LABOR; (J) A REPRESENTATIVE OF BUILDING AND CONSTRUCTION TRADES COUNCIL OF NASSAU & SUFFOLK COUNTIES; (K) A REPRESENTATIVE FROM A REGIONAL ENVIRONMENTAL ORGANIZATION; (L) THE CHAIR OF THE SUFFOLK COUNTY PLANNING COMMISSION; (M) THE COUNTY EXECUTIVE OR DESIGNEE; (N) THE PRESIDING OFFICER OF THE COUNTY LEGISLATURE OR DESIGNEE; (O) THE MINORI- TY LEADER OF THE COUNTY LEGISLATURE OR DESIGNEE; (P) THE COUNTY DEPART- MENT OF PUBLIC WORKS COMMISSIONER OR DESIGNEE; AND (Q) THE COUNTY DEPARTMENT OF HEALTH SERVICES COMMISSIONER OR DESIGNEE. (II) THE POWERS AND DUTIES OF THE DISTRICT BOARD OF TRUSTEES SHALL OVERSEE THE ANNUAL AUDIT PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, MAKING PRUDENT RECOMMENDATIONS FOR RESOURCE ALLOCATIONS FOR COUNTY-AP- PROVED ALTERNATIVE WASTEWATER TREATMENT TECHNOLOGIES NOT CONTEMPLATED IN THE SUFFOLK COUNTY SUBWATERSHEDS WASTEWATER PLAN AND LONG-TERM PROGRESS MONITORING OF THE IMPLEMENTATION OF THE SUFFOLK COUNTY SUBWATERSHEDS WASTEWATER PLAN REGARDING ACHIEVEMENTS OF NITROGEN LOAD REDUCTIONS AND ECOLOGICAL ENDPOINTS. (D) SWP IMPLEMENTATION PLAN. THE DISTRICT BOARD OF TRUSTEES SHALL PREPARE, REVIEW AND APPROVE AND SUBMIT TO THE COUNTY EXECUTIVE THE SWP IMPLEMENTATION PLAN WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND IN EVERY FIVE YEARS THEREAFTER IN A LIKE MANNER. THE BOARD OF TRUSTEES SHALL CONDUCT A PUBLIC HEARING ON SAID PLAN BEFORE ITS ADOPTION OR SUBSEQUENT AMENDMENT. SAID PLAN SHALL LIST EVERY WATER QUAL- ITY RESTORATION PROJECT WHICH THE COUNTY PLANS TO UNDERTAKE PURSUANT TO THE FUND AND SHALL STATE HOW SUCH PROJECT WOULD IMPROVE EXISTING WATER QUALITY. FUNDS MAY ONLY BE EXPENDED PURSUANT TO THIS SECTION FOR PROJECTS WHICH HAVE BEEN INCLUDED IN SAID PLAN. SAID PLAN SHALL BE CONSISTENT WITH STATE, FEDERAL, COUNTY, AND LOCAL GOVERNMENT LAND USE AND WASTEWATER MANAGEMENT PLANS. AFTER SUBMISSION AND APPROVAL BY THE COUNTY EXECUTIVE, SUCH PLAN SHALL BE SUBMITTED TO THE COUNTY LEGISLA- TURE. UPON REVIEW, THE COUNTY LEGISLATURE SHALL DETERMINE, BY LOCAL LAW, WHETHER TO APPROVE THE PROPOSED PLAN, IF THE PLAN IS DENIED, THE PLAN SHALL BE REMANDED TO THE BOARD OF TRUSTEES FOR FURTHER STUDY. SUCH PLAN SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY LOCAL LAW. PROJECTS MAY BE ADDED OR REMOVED FROM THE CURRENTLY EFFECTIVE SWP IMPLEMENTATION PLAN IN A LIKE MANNER. (E) ANNUAL AUDIT. THE COUNTY SHALL ANNUALLY COMMISSION AN INDEPENDENT AUDIT OF THE FUND. THE AUDIT SHALL BE CONDUCTED BY AN INDEPENDENT CERTI- FIED PUBLIC ACCOUNTANT OR AN INDEPENDENT PUBLIC ACCOUNTANT. SAID AUDIT SHALL BE PERFORMED BY A CERTIFIED PUBLIC ACCOUNTANT OR AN INDEPENDENT PUBLIC ACCOUNTANT OTHER THAN THE ONE THAT PERFORMS THE GENERAL AUDIT OF THE COUNTY'S FINANCES. SUCH AUDIT SHALL BE AN EXAMINATION OF THE FUND AND SHALL DETERMINE WHETHER THE FUND HAS BEEN ADMINISTERED CONSISTENT WITH THE PROVISIONS OF THIS SECTION AND ALL OTHER APPLICABLE PROVISIONS OF STATE LAW. SAID AUDIT SHALL BE INITIATED WITHIN SIXTY DAYS OF THE CLOSE OF THE FISCAL YEAR OF THE COUNTY AND SHALL BE COMPLETED WITHIN ONE S. 4008 123 A. 3008 HUNDRED TWENTY DAYS OF THE CLOSE OF THE FISCAL YEAR. A COPY OF THE AUDIT SHALL BE SUBMITTED ANNUALLY TO THE STATE COMPTROLLER AND THE COUN- TY COMPTROLLER. A COPY OF THE AUDIT SHALL BE MADE AVAILABLE TO THE PUBLIC WITHIN THIRTY DAYS OF ITS COMPLETION. A NOTICE OF THE COMPLETION OF THE AUDIT SHALL BE PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE COUNTY AND SHALL ALSO BE POSTED ON THE INTERNET WEBSITE FOR THE COUNTY. THE COST OF THE AUDIT MAY BE A CHARGE TO THE FUND. (F) ANNUAL REPORT. IN ADDITION TO ANY OTHER REPORT REQUIRED BY THIS SECTION, THE DISTRICT BOARD OF TRUSTEES, THROUGH ITS CHAIRPERSON, SHALL DELIVER ANNUALLY A REPORT TO THE COUNTY LEGISLATURE. SUCH REPORT SHALL BE PRESENTED BY MAY FIFTEENTH OF EACH YEAR. THE REPORT SHALL DESCRIBE IN DETAIL THE PROJECTS UNDERTAKEN, THE MONIES EXPENDED, AND THE ADMINISTRATIVE ACTIVITIES OF THE WATER QUALITY FUND AND DISTRICT ESTAB- LISHED IN ACCORDANCE WITH THIS SECTION, DURING THE PRIOR YEAR. AT THE CONCLUSION OF THE REPORT, THE CHAIRPERSON OF THE DISTRICT BOARD OF TRUS- TEES SHALL BE PREPARED TO ANSWER THE QUESTIONS OF THE COUNTY LEGISLATURE WITH RESPECT TO THE PROJECTS UNDERTAKEN, THE MONIES EXPENDED, AND THE ADMINISTRATIVE ACTIVITIES DURING THE PAST YEAR. § 4. Paragraph a of section 11.00 of the local finance law is amended by adding a new subdivision 109 to read as follows: 109. SEPTIC SYSTEMS. THE ACQUISITION, CONSTRUCTION, OR RECONSTRUCTION OF OR ADDITION TO SEPTIC SYSTEMS FUNDED BY PROGRAMS ESTABLISHED BY THE COUNTY OF SUFFOLK, TWENTY-FIVE YEARS. § 5. This act shall take effect immediately. PART UU Section 1. Paragraph (a) of section 11.00 of the local finance law is amended by adding a new subdivision 109 to read as follows: 109. LEAD SERVICE LINE REPLACEMENT PROGRAMS ESTABLISHED BY A MUNICI- PALITY, SCHOOL DISTRICT OR DISTRICT CORPORATION, INCLUDING, BUT NOT LIMITED TO PROGRAMS THAT INVENTORY, DESIGN AND REPLACE PUBLICLY OWNED AND PRIVATELY OWNED LEAD SERVICE LINES WITHIN AN ESTABLISHED WATER SYSTEM, THIRTY YEARS. AS USED IN THIS SUBDIVISION, "LEAD SERVICE LINE" MEANS A SERVICE LINE MADE IN WHOLE OR IN PART OF LEAD, WHICH CONNECTS A WATER MAIN TO A BUILDING INLET. A LEAD SERVICE LINE MAY BE OWNED BY THE WATER SYSTEM, A PROPERTY OWNER, OR BOTH. A LEAD GOOSENECK, PIGTAIL, OR CONNECTOR SHALL BE ELIGIBLE FOR REPLACEMENT REGARDLESS OF THE SERVICE LINE MATERIAL TO WHICH A LEAD GOOSENECK, PIGTAIL, OR CONNECTOR IS ATTACHED. GOOSENECK, PIGTAIL, OR CONNECTOR MEANS A SHORT SECTION OF PIPING, TYPICALLY NOT EXCEEDING TWO FEET, WHICH CAN BE BENT AND USED FOR CONNECTIONS BETWEEN RIGID SERVICE PIPING. A GALVANIZED IRON OR STEEL SERVICE LINE IS CONSIDERED A LEAD SERVICE LINE IF IT EVER WAS OR IS CURRENTLY DOWNSTREAM OF ANY LEAD SERVICE LINE OR SERVICE LINE OF UNKNOWN MATERIAL. § 2. This act shall take effect immediately. PART VV Section 1. Expenditures of moneys appropriated to the department of agriculture and markets from the special revenue funds-other/state oper- ations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the department of agriculture and markets' participation in general ratemaking proceedings pursuant to section 65 of the public S. 4008 124 A. 3008 service law or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, annually, the commissioner of the depart- ment of agriculture and markets shall submit an accounting of such expenses, including, but not limited to, expenses in the prior state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 2. Expenditures of moneys appropriated to the department of state from the special revenue funds-other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the activities of the department of state's utility intervention unit pursuant to subdivision 4 of section 94-a of the executive law, including, but not limited to participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursu- ant to article 7 or 10 of the public service law, and expenses related to the activities of the major renewable energy development program established by section 94-c of the executive law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, annu- ally, the secretary of state shall submit an accounting of such expenses, including, but not limited to, expenses in the prior state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 3. Expenditures of moneys appropriated to the office of parks, recreation and historic preservation from the special revenue funds- other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the office of parks, recreation and historic preservation's participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the mean- ing of section 18-a of the public service law. No later than August 15, annually, the commissioner of the office of parks, recreation and historic preservation shall submit an accounting of such expenses, including, but not limited to, expenses in the prior state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 4. Expenditures of moneys appropriated to the department of environ- mental conservation from the special revenue funds-other/state oper- ations, environmental conservation special revenue fund-301, utility environmental regulation account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contra- ry, direct and indirect expenses relating to the department of environ- mental conservation's participation in state energy policy proceedings, or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, annually, the commissioner of the department of S. 4008 125 A. 3008 environmental conservation shall submit an accounting of such expenses, including, but not limited to, expenses in the prior state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 5. Notwithstanding any other law, rule or regulation to the contra- ry, expenses of the department of health public service education program incurred pursuant to appropriations from the cable television account of the state miscellaneous special revenue funds shall be deemed expenses of the department of public service. No later than August 15, annually, the commissioner of the department of health shall submit an accounting of expenses in the prior state fiscal year to the chair of the public service commission for the chair's review pursuant to the provisions of section 217 of the public service law. § 6. Any expense deemed to be expenses of the department of public service pursuant to sections one through four of this act shall not be recovered through assessments imposed upon telephone corporations as defined in subdivision 17 of section 2 of the public service law. § 7. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023. PART WW Section 1. Subdivision 2 of section 3-101 of the energy law, as amended by chapter 374 of the laws of 2022, is amended to read as follows: 2. to encourage conservation of energy and to promote the clean energy and climate agenda, including but not limited to greenhouse gas reduction, set forth within chapter one hundred six of the laws of two thousand nineteen, also known as the New York state climate leadership and community protection act, in the construction and operation of new commercial, industrial, agricultural and residential buildings, and in the rehabilitation of existing structures, through EQUIPMENT AND SYSTEMS INCLUDING BUT NOT LIMITED TO heating, cooling, ventilation, lighting, insulation and design techniques and the use of energy audits and life- cycle costing analysis; § 2. Subdivision 3 of section 11-103 of the energy law, as amended by chapter 374 of the laws of 2022, is amended to read as follows: 3. Notwithstanding any other provision of law, the state fire prevention and building code council in accordance with the mandate under this article shall have exclusive authority among state agencies to promulgate a construction code incorporating energy conservation features and clean energy features applicable to the construction of any building, including but not limited to greenhouse gas reduction. Any other code, rule or regulation heretofore promulgated or enacted by any other state agency, incorporating specific energy conservation and clean energy requirements applicable to the construction of any building, shall be superseded by the code promulgated pursuant to this section. Notwithstanding the foregoing[,]: (A) CONSISTENT WITH STATE ENERGY POLICY AS DESCRIBED IN SUBDIVISIONS TWO AND THREE OF SECTION 3-101 OF THIS CHAPTER, IF ANY PROVISION OF THE CODE OR ANY PROVISION OF THE UNIFORM CODE IS, OR MAY BE, INCONSISTENT WITH OR IN CONFLICT WITH ANY REGULATIONS PROMULGATED PURSUANT TO THE NEW YORK CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT SET FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, PRODUCT PERFORMANCE STANDARDS ADOPTED PURSUANT TO ARTICLE SIXTEEN OF THIS CHAP- S. 4008 126 A. 3008 TER, ANY REGULATION PROMULGATED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO THE ENVIRONMENTAL CONSERVATION LAW, OR ANY OTHER LAW OR REGULATION INTENDED TO FURTHER THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, AND IF SUCH PROVISION IS DESIGNED TO ACHIEVE A GREATER AMOUNT OF GREENHOUSE GAS OR CO-POLLUTANT EMISSIONS REDUCTIONS THAN THE INCONSISTENT OR CONFLICTING PROVISION OF THE CODE OR UNIFORM CODE, THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL AMEND THE CODE OR UNIFORM CODE IN A MANNER THAT WOULD ELIMINATE THE INCONSISTENCY OR CONFLICT, SUBJECT TO ANY EXEMPTIONS ALLOWED BY LAW AND PROVIDED THAT SUCH AMENDMENT IS CONSISTENT WITH THE PURPOSES AND INTENT OF THIS ARTI- CLE OR ARTICLE EIGHTEEN OF THE EXECUTIVE LAW, AS APPLICABLE, WITH ACCEPTED ENGINEERING PRACTICES, AND WITH NATIONALLY RECOGNIZED AND PUBLISHED STANDARDS THAT PROTECT BUILDING OCCUPANT SAFETY AND REDUCE FIRE RISKS; AND (B) nothing in this section shall be deemed to expand the powers of the council to include matters that are exclusively within the statutory jurisdiction of the public service commission, the department of envi- ronmental conservation, the office of renewable energy siting or another state entity. § 3. Subdivision 6 of section 11-104 of the energy law, as added by chapter 374 of the laws of 2022, is amended and two new subdivisions 7 and 8 are added to read as follows: 6. To the fullest extent feasible, the standards for construction of buildings in the code shall be designed to help achieve the state's clean energy and climate agenda, including but not limited to greenhouse gas reduction, set forth within chapter one hundred six of the laws of two thousand nineteen, also known as the New York state climate leader- ship and community protection act, and as further identified by the New York state climate action council established pursuant to section 75-0103 of the environmental conservation law. CONSISTENT WITH THE FORE- GOING: (A) THE CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, IN ANY NEW ONE-FAMILY RESIDENTIAL BUILDING OF ANY HEIGHT OR NEW MULTI-FAMILY RESIDENTIAL BUILDING NOT MORE THAN THREE STORIES IN HEIGHT ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN- TY-FIVE, AND THE CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, IN ANY NEW MULTI-FAMILY RESIDENTIAL BUILDING MORE THAN THREE STORIES IN HEIGHT OR NEW COMMERCIAL BUILDING ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT; AND (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 11-103 OF THIS ARTICLE AND SUBJECT TO SUCH EXEMPTIONS AS MAY BE SET FORTH IN REGULATIONS PROMULGATED PURSUANT TO ARTICLE SIXTEEN OF THIS CHAPTER, THE CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS AT ANY TIME ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY IN ANY ONE-FAMILY RESIDENTIAL BUILDING OF ANY HEIGHT OR MULTI-FAMILY RESIDENTIAL BUILDING NOT MORE THAN THREE STORIES IN HEIGHT EXISTING ON OR AFTER SUCH DATE, AND THE CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS AT ANY TIME ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY-FIVE IN ANY MULTI-FAMILY RESIDENTIAL BUILDING MORE THAN THREE STORIES IN HEIGHT OR COMMERCIAL BUILDING EXISTING ON OR AFTER THAT DATE. 7. (A) THE PROVISIONS SET FORTH IN PARAGRAPHS (A) AND (B) OF SUBDIVI- SION SIX OF THIS SECTION SHALL NOT BE CONSTRUED AS PROHIBITING THE CONTINUED USE AND MAINTENANCE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, INCLUDING AS RELATED TO COOKING EQUIPMENT, INSTALLED PRIOR TO THE EFFECTIVE DATE OF THE APPLICABLE PROHIBITION. IN ADDITION, THE S. 4008 127 A. 3008 PROVISIONS SET FORTH IN PARAGRAPHS (A) AND (B) OF SUBDIVISION SIX OF THIS SECTION SHALL INCLUDE SUCH EXEMPTIONS AS THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL DEEMS APPROPRIATE FOR THE PURPOSES OF ALLOWING THE INSTALLATION AND USE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS WHERE SUCH ARE INSTALLED AND USED: (I) FOR GENERATION OF EMERGENCY BACK-UP POWER; (II) IN A MANUFACTURED HOME AS DEFINED IN SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECUTIVE LAW; OR (III) IN A BUILDING OR PART OF A BUILDING THAT IS USED AS A MANUFAC- TURING FACILITY, COMMERCIAL FOOD ESTABLISHMENT, LABORATORY, LAUNDROMAT, HOSPITAL, OTHER MEDICAL FACILITY, CRITICAL INFRASTRUCTURE SUCH AS BACKUP POWER FOR WASTEWATER TREATMENT FACILITIES, OR CREMATORIUM. (B) WHERE THE CODE INCLUDES AN ALLOWED EXEMPTION PURSUANT TO SUBPARA- GRAPH (I) OR (III) OF PARAGRAPH (A) OF THIS SUBDIVISION, SUCH EXEMPTION SHALL INCLUDE PROVISIONS THAT, TO THE FULLEST EXTENT FEASIBLE, LIMIT THE USE OF FOSSIL-FUEL EQUIPMENT AND BUILDINGS SYSTEMS TO THE SYSTEM AND AREA OF THE BUILDING FOR WHICH A PROHIBITION ON FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS IS INFEASIBLE; REQUIRE THE AREA OR SERVICE WITHIN A NEW BUILDING WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE INSTALLED BE ELECTRIFICATION READY; AND MINIMIZE EMISSIONS FROM THE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS THAT ARE ALLOWED TO BE USED, PROVIDED THAT THE PROVISIONS SET FORTH IN THIS PARAGRAPH DO NOT ADVERSE- LY AFFECT HEALTH, SAFETY, SECURITY, OR FIRE PROTECTION, AND FINANCIAL CONSIDERATIONS SHALL NOT BE SUFFICIENT BASIS TO DETERMINE PHYSICAL OR TECHNICAL INFEASIBILITY. (C) EXEMPTIONS INCLUDED IN THE CODE PURSUANT TO THIS SUBDIVISION SHALL BE PERIODICALLY REVIEWED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL TO ASSURE THAT THEY CONTINUE TO EFFECTUATE THE PURPOSES OF SUBDIVISION SIX OF THIS SECTION TO THE FULLEST EXTENT FEASIBLE. THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL MAY FROM TIME TO TIME AMEND SUCH EXEMPTIONS AS NECESSARY. 8. FOR THE PURPOSES OF THIS SECTION: (A) "FOSSIL-FUEL" MEANS FUEL USED FOR COMBUSTION, IN THE FORM OF ANY OF THE FOLLOWING: NATURAL GAS DERIVED FROM NATURALLY OCCURRING GEOLOGIC DEPOSITS OF PRINCIPALLY METHANE; PETROLEUM; COAL; OR ANY FORM OF SOLID, LIQUID OR GASEOUS FUEL SOURCED FROM ANY OF THE FOREGOING MATERIALS. (B) "FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN (I) EQUIP- MENT, AS SUCH TERM IS DEFINED IN SECTION 11-102 OF THIS ARTICLE, THAT USES FOSSIL-FUEL; OR (II) SYSTEMS EMBEDDED IN A BUILDING THAT WILL BE USED FOR OR TO SUPPORT THE SUPPLY, DISTRIBUTION, OR DELIVERY OF FOSSIL- FUEL FOR ANY PURPOSE, OTHER THAN FOR USE BY MOTOR VEHICLES. (C) "FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN (I) EQUIPMENT, AS SUCH TERM IS DEFINED IN SECTION 11-102 OF THIS ARTI- CLE, THAT USES FOSSIL-FUEL FOR SPACE HEATING OR HOT WATER SUPPLY; OR (II) SYSTEMS EMBEDDED IN A BUILDING THAT WILL BE USED FOR OR TO SUPPORT THE SUPPLY, DISTRIBUTION, OR DELIVERY OF FOSSIL-FUEL FOR SPACE HEATING OR HOT WATER SUPPLY. FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS SHALL NOT INCLUDE EQUIPMENT AND BUILDING SYSTEMS RELATED TO COOKING. (D) "ELECTRIFICATION READY" MEANS THE NEW BUILDING OR PORTION THEREOF WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE ALLOWED TO BE USED WHICH CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFICIENT CAPACITY FOR A FUTURE REPLACEMENT OF SUCH FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS WITH ELECTRIC-POWERED EQUIPMENT, INCLUDING BUT NOT LIMITED TO SUFFICIENT SPACE, DRAINAGE, ELECTRICAL CONDUCTORS OR RACE- WAYS, BUS BAR CAPACITY, AND OVERCURRENT PROTECTIVE DEVICES FOR SUCH ELECTRIC-POWERED EQUIPMENT. S. 4008 128 A. 3008 § 4. Section 16-109 of the energy law, as added by chapter 374 of the laws of 2022, is amended to read as follows: § 16-109. Conflicts with other laws. [Nothing in this] THIS article [or in] AND any regulation adopted pursuant to this article shall [limit, impair, or supersede] BE SUBJECT TO the provisions of subdivi- sion one of section three hundred eighty-three of the executive law [or] AND the provisions of subdivision three of section 11-103 of this chap- ter. § 5. Section 371 of the executive law, as added by chapter 707 of the laws of 1981, is amended to read as follows: § 371. Statement of legislative findings and purposes. 1. The legisla- ture hereby finds and declares that: a. The present level of loss of life, injury to persons, and damage to property as a result of fire demonstrates that the people of the state have yet to receive the basic level of protection to which they are entitled in connection with the construction and maintenance of build- ings; b. There does not exist for all areas of the state a single, adequate, enforceable code establishing minimum standards for fire protection and construction, maintenance and use of materials in buildings. Instead, there exists a multiplicity of codes and requirements for various types of buildings administered at various levels of state and local govern- ment. There are, in addition, extensive areas of the state in which no code at all is in effect for the general benefit of the people of the state; c. The present system of enforcement of fire protection and building construction codes is characterized by a lack of adequately trained personnel, as well as inconsistent qualifications for personnel who administer and enforce those codes; d. Whether because of the absence of applicable codes, inadequate code provisions or inadequate enforcement of codes, the threat to the public health and safety posed by fire remains a real and present danger for the people of the state; [and] e. THE FIRE PROTECTION AND BUILDING CONSTRUCTION CODE REQUIREMENTS SHALL ALIGN WITH REGULATIONS PROMULGATED PURSUANT TO THE NEW YORK CLIMATE LEADERSHIP AND PROTECTION ACT SET FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN SO AS TO SUPPORT THE REDUCTION OF GREENHOUSE GAS EMISSIONS AS SET FORTH IN SECTION EIGHT OF SUCH ACT; AND F. The multiplicity of fire protection and building construction code requirements poses an additional problem for the people of the state since it increases the cost of doing business in the state by perpetuat- ing multiple requirements, jurisdictional overlaps and business uncer- tainties, and, in some instances, by artificially inducing high construction costs. 2. The legislature declares that it shall be the public policy of the state of New York to: a. Immediately provide for a minimum level of protection from the hazards of fire in every part of the state; b. Provide for the promulgation of a uniform code addressing building construction and fire prevention in order to provide a basic minimum level of protection to all people of the state from hazards of fire and inadequate building construction. In providing for such a uniform code, it is declared to be the policy of the state of New York to: (1) reconcile the myriad existing and potentially conflicting regu- lations which apply to different types of buildings and occupancies; S. 4008 129 A. 3008 (2) recognize that fire prevention and fire prevention codes are closely related to the adequacy of building construction codes, that the greatest portion of a building code's requirements are fire safety oriented, and that fire prevention and building construction concerns should be the subject of a single code; (3) RECOGNIZE THAT THE DECARBONIZATION OF NEW AND EXISTING BUILDINGS IS CLOSELY RELATED TO THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA AS DESCRIBED IN THE NEW YORK CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT SET FORTH IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND THAT THE UNIFORM CODE SHALL ENABLE THE STATE'S CLEAN ENER- GY OBJECTIVES TO THE MAXIMUM EXTENT PRACTICABLE; (4) place public and private buildings on an equal plane with respect to fire prevention and adequacy of building construction; [(4)] (5) require new and existing buildings alike to keep pace with advances in technology concerning fire prevention and building construction, including, where appropriate, that provisions apply on a retroactive basis; and [(5)] (6) provide protection to both residential and non-residential buildings; c. Insure that the uniform code be in full force and effect in every area of the state; d. Encourage local governments to exercise their full powers to admin- ister and enforce the uniform code; and e. Provide for a uniform, statewide approach to the training and qual- ification of personnel engaged in the administration and enforcement of the uniform code. § 6. Subdivision 2 of section 375 of the executive law, as amended by chapter 309 of the laws of 1996, is amended to read as follows: 2. To study the operation of the uniform fire prevention and building code, the state energy conservation construction code established by article eleven of the energy law, local regulations and other laws relating to the construction of buildings and the protection of build- ings from fire to ascertain their effects upon the cost of building construction and the effectiveness of their provisions for health, safe- ty and security, particularly as such provisions relate to the protection of life and property from the dangers of fire, AND THE EFFEC- TIVENESS OF THEIR PROVISIONS FOR THE REDUCTION OF GREENHOUSE GAS EMIS- SIONS AND CO-POLLUTANTS IN FURTHERANCE OF THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA PURSUANT TO THE NEW YORK CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT SET FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. § 7. Subdivision 19 of section 378 of the executive law, as renumbered by chapter 47 of the laws of 2022, is renumbered subdivision 20 and a new subdivision 19 is added to read as follows: 19. A. THE UNIFORM CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, IN ANY NEW ONE-FAMILY RESIDENTIAL BUILD- ING OF ANY HEIGHT OR NEW MULTI-FAMILY RESIDENTIAL BUILDING NOT MORE THAN THREE STORIES IN HEIGHT ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND THE UNIFORM CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, IN ANY NEW MULTI-FAMILY RESIDENTIAL BUILDING MORE THAN THREE STORIES IN HEIGHT OR NEW COMMERCIAL BUILDING ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT. B. NOTWITHSTANDING THE PROVISIONS OF SECTION NINETEEN OF CHAPTER SEVEN HUNDRED SEVEN OF THE LAWS OF NINETEEN HUNDRED EIGHTY-ONE AND SUBJECT TO SUCH EXEMPTIONS AS MAY BE SET FORTH IN REGULATIONS PROMULGATED PURSUANT TO ARTICLE SIXTEEN OF THE ENERGY LAW, THE UNIFORM CODE SHALL PROHIBIT S. 4008 130 A. 3008 THE INSTALLATION OF FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS AT ANY TIME ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY IN ANY ONE- FAMILY RESIDENTIAL BUILDING OF ANY HEIGHT OR MULTI-FAMILY RESIDENTIAL BUILDING NOT MORE THAN THREE STORIES IN HEIGHT EXISTING ON OR AFTER THAT DATE, AND THE UNIFORM CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL- FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS AT ANY TIME ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY-FIVE IN ANY MULTI-FAMILY RESIDENTIAL BUILDING MORE THAN THREE STORIES IN HEIGHT OR COMMERCIAL BUILDING EXIST- ING ON OR AFTER THAT DATE. C. THE PROVISIONS SET FORTH IN PARAGRAPHS A AND B OF THIS SUBDIVISION SHALL NOT BE CONSTRUED AS PROHIBITING THE CONTINUED USE AND MAINTENANCE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, INCLUDING AS RELATED TO COOKING EQUIPMENT, INSTALLED PRIOR TO THE EFFECTIVE DATE OF THE APPLICA- BLE PROHIBITION. IN ADDITION, THE PROVISIONS SET FORTH IN PARAGRAPHS A AND B OF THIS SUBDIVISION SHALL INCLUDE SUCH EXEMPTIONS AS THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL DEEMS APPROPRIATE FOR THE PURPOSES OF ALLOWING THE INSTALLATION AND USE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS WHERE SUCH SYSTEMS ARE INSTALLED AND USED: (I) FOR GENERATION OF EMERGENCY BACK-UP POWER; (II) IN A MANUFACTURED HOME AS DEFINED IN SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECUTIVE LAW; OR (III) IN A BUILDING OR PART OF A BUILDING THAT IS USED AS A MANUFAC- TURING FACILITY, COMMERCIAL FOOD ESTABLISHMENT, LABORATORY, LAUNDROMAT, HOSPITAL, OTHER MEDICAL FACILITY, CRITICAL INFRASTRUCTURE SUCH AS BACKUP POWER FOR WASTEWATER TREATMENT FACILITIES, OR CREMATORIUM. D. WHERE THE UNIFORM CODE INCLUDES AN ALLOWED EXEMPTION PURSUANT TO SUBPARAGRAPH (I) OR (III) OF PARAGRAPH C OF THIS SUBDIVISION, SUCH EXEMPTION SHALL INCLUDE PROVISIONS THAT, TO THE FULLEST EXTENT FEASIBLE, LIMIT THE USE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS TO THE SYSTEM AND AREA OF THE BUILDING FOR WHICH A PROHIBITION ON FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS IS INFEASIBLE; REQUIRE THE AREA OR SERVICE WITHIN A NEW BUILDING WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE INSTALLED BE ELECTRIFICATION READY; AND MINIMIZE EMISSIONS FROM THE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS THAT ARE ALLOWED TO BE USED, PROVIDED THAT SUCH PROVISIONS DO NOT ADVERSELY AFFECT HEALTH, SAFETY, SECURITY, OR FIRE PROTECTION, AND FINANCIAL CONSIDERATIONS SHALL NOT BE SUFFICIENT BASIS TO DETERMINE PHYSICAL OR TECHNICAL INFEASIBIL- ITY. E. EXEMPTIONS INCLUDED IN THE UNIFORM CODE PURSUANT TO THIS SUBDIVI- SION SHALL BE PERIODICALLY REVIEWED BY THE CODE COUNCIL TO ASSURE THAT THEY CONTINUE TO EFFECTUATE THE PURPOSES OF PARAGRAPH E OF SUBDIVISION ONE AND SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE TO THE FULLEST EXTENT FEASI- BLE. THE CODE COUNCIL MAY FROM TIME TO TIME AMEND SUCH EXEMPTIONS AS NECESSARY. F. FOR THE PURPOSES OF THIS SUBDIVISION: (I) "FOSSIL-FUEL" MEANS FUEL USED FOR COMBUSTION, IN THE FORM OF ANY OF THE FOLLOWING: NATURAL GAS DERIVED FROM NATURALLY OCCURRING GEOLOGIC DEPOSITS OF PRINCIPALLY METHANE; PETROLEUM; COAL; OR ANY FORM OF SOLID, LIQUID OR GASEOUS FUEL SOURCED FROM ANY OF THE FOREGOING MATERIALS. (II) "FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN (I) EQUIPMENT, AS SUCH TERM IS DEFINED IN SECTION 11-102 OF THE ENERGY LAW, THAT USES FOSSIL-FUEL; OR (II) SYSTEMS EMBEDDED IN A BUILDING THAT WILL BE USED FOR OR TO SUPPORT THE SUPPLY, DISTRIBUTION, OR DELIVERY OF FOSSIL-FUEL FOR ANY PURPOSE, OTHER THAN FOR USE BY MOTOR VEHICLES. S. 4008 131 A. 3008 (III) "FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN (I) EQUIPMENT, AS SUCH TERM IS DEFINED IN SECTION 11-102 OF THE ENERGY LAW, THAT USES FOSSIL-FUEL; OR (II) SYSTEMS EMBEDDED IN A BUILDING THAT WILL BE USED FOR OR TO SUPPORT THE SUPPLY, DISTRIBUTION, OR DELIVERY OF FOSSIL-FUEL FOR SPACE HEATING OR HOT WATER SUPPLY. FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS SHALL NOT INCLUDE EQUIPMENT AND BUILDING SYSTEMS RELATED TO COOKING. (IV) "ELECTRIFICATION READY" MEANS THE NEW BUILDING OR PORTION THEREOF WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE ALLOWED TO BE USED WHICH CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFICIENT CAPACITY FOR A FUTURE REPLACEMENT OF SUCH FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS WITH ELECTRIC-POWERED EQUIPMENT, INCLUDING BUT NOT LIMITED TO SUFFICIENT SPACE, DRAINAGE, ELECTRICAL CONDUCTORS OR RACE- WAYS, BUS BAR CAPACITY, AND OVERCURRENT PROTECTIVE DEVICES FOR SUCH ELECTRIC-POWERED EQUIPMENT. G. IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, SUCH CITIES' LOCAL CODE PROVISIONS SHALL BE AT LEAST AS STRINGENT AS THE PROVISIONS SET FORTH BY THIS SUBDIVISION. § 8. Subdivisions 1 and 2 of section 379 of the executive law, subdi- vision 1 as amended by chapter 348 of the laws of 2017 and subdivision 2 as added by chapter 707 of the laws of 1981, are amended to read as follows: 1. Except in the case of factory manufactured homes, intended for use as one or two family dwelling units or multiple dwellings of not more than two stories in height, the legislative body of any local government may duly enact or adopt local laws or ordinances imposing higher or more restrictive standards for construction within the jurisdiction of such local government than are applicable generally to such local government in the uniform code. Within thirty days of such enactment or adoption, the chief executive officer, or if there be none, the chairman of the legislative body of such local government, shall so notify the council, and shall petition the council for a determination of whether such local laws or ordinances are more stringent than the standards for construction applicable generally to such local government in the uniform code. Such local laws or ordinances shall take full force and effect upon an affirmative [determination] FINDING AND APPROVAL by the council as provided [herein] IN SUBDIVISION TWO OF THIS SECTION. 2. If the council finds that such STANDARDS ARE higher or more restrictive AND A. standards are reasonably necessary because of special conditions prevailing within the local government and that such stand- ards conform with accepted engineering and fire prevention practices and the purposes of this article, OR B. ARE REASONABLY NECESSARY TO FURTHER THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT LIMITED TO GREENHOUSE GAS EMISSIONS REDUCTION AND OTHER OBJECTIVES OF THE NEW YORK CLIMATE LEADERSHIP AND PROTECTION ACT SET FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND THAT SUCH STAND- ARDS CONFORM WITH ACCEPTED ENGINEERING AND FIRE PREVENTION PRACTICES AND THE PURPOSES OF THIS ARTICLE, the council shall [adopt] APPROVE such standards, in whole or part. The council shall have the power to limit the term or duration of such standards, impose conditions in connection with the adoption thereof, and to terminate such standards at such times, and in such manner as the council may deem necessary, desirable or proper. § 9. Paragraphs h and i of subdivision 1 of section 381 of the execu- tive law, as added by chapter 560 of the laws of 2010, are amended and a new paragraph j is added to read as follows: S. 4008 132 A. 3008 h. minimum basic training and in-service training requirements for personnel charged with administration and enforcement of the state ener- gy conservation construction code; [and] i. standards and procedures for measuring the rate of compliance with the state energy conservation construction code, and provisions requir- ing that such rate of compliance be measured on an annual basis[.]; AND J. AUTHORIZING THE ISSUANCE OF A PERMIT FOR CONSTRUCTION BASED ON EXISTING PROVISIONS OF THE UNIFORM CODE WHERE A SUBSTANTIALLY COMPLETE SET OF CONSTRUCTION DRAWINGS HAVE BEEN SUBMITTED PRIOR TO THE EFFECTIVE DATE OF ANY AMENDMENT TO THE UNIFORM CODE. § 10. Subdivision 1 of section 383 of the executive law is amended by adding a new paragraph d to read as follows: D. THIS ARTICLE SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 11-103 OF THE ENERGY LAW. § 11. The article heading of article 16 of the energy law, as amended by chapter 374 of the laws of 2022, is amended to read as follows: APPLIANCE AND EQUIPMENT [EFFICIENCY] PERFORMANCE STANDARDS § 12. Subdivision 18 of section 16-102 of the energy law, as amended by chapter 374 of the laws of 2022, is amended to read as follows: 18. "[Efficiency] PERFORMANCE standard" means a standard that defines performance metrics and/or defines prescriptive design requirements associated with the regulated category of product in order to: (A) reduce energy consumption[,]; (B) reduce water consumption[, and]; (C) reduce greenhouse gas emissions associated with energy consumption [and/or]; OR (D) increase demand flexibility. A PERFORMANCE STANDARD MAY BE DESIGNED TO PROMOTE ONE OF THE FOREGOING OBJECTIVES, AND MULTIPLE PERFORMANCE STANDARDS FOR A REGULATED CATEGORY OF PRODUCT MAY BE USED TO PROMOTE MULTIPLE OBJECTIVES. § 13. Subdivision 1 of section 16-104 of the energy law, as amended by chapter 374 of the laws of 2022, is amended to read as follows: 1. The provisions of this article apply to the establishment of, test- ing for compliance with, certification of compliance with, and enforce- ment of [efficiency] PERFORMANCE standards for the following new products which are sold, or offered for sale, leased or offered for lease, rented or offered for rent or installed or offered to install in New York state unless preempting federal appliance standards are in effect: (a) automatic commercial ice cube machines; (b) ceiling fan light kits; (c) commercial pre-rinse spray valves; (d) commercial refri- gerators, freezers and refrigerator-freezers; (e) consumer audio and video products; (f) illuminated exit signs; (g) incandescent reflector lamps; (h) very large commercial packaged air-conditioning and heating equipment; (i) metal halide lamp fixtures; (j) pedestrian traffic signal modules; (k) power supplies; (l) torchiere lighting fixtures; (m) unit heaters; (n) vehicular traffic signal modules; (o) portable light fixtures; (p) bottle-type water dispensers; (q) commercial hot food holding cabinets; (r) portable electric spas; (s) replacement dedicat- ed-purpose pool pump motors; (t) air compressors; (u) air purifiers; (v) commercial dishwashers; (w) commercial fryers; (x) commercial steam cookers; (y) computers and computer monitors; (z) general service lamps; (aa) federally exempt fluorescent lamps; (bb) portable air conditioners; (cc) residential ventilating fans; (dd) telephones; (ee) faucets; (ff) showerheads; (gg) urinals; (hh) water closets; (ii) sprinkler bodies; (jj) uninterruptable power supplies; (kk) light emitting diode lamps; (ll) electric vehicle supply equipment; (mm) commercial battery charger systems; (nn) commercial ovens; (oo) commercial clothes dryers; (pp) S. 4008 133 A. 3008 commercial and industrial fans and blowers; (qq) imaging equipment; (rr) landscape irrigation controllers; (ss) outdoor lighting; (tt) plug-in luminous signs; (uu) small network equipment; (vv) tub spout diverters; (ww) commercial hot food holding cabinets; (xx) gas fireplaces; (yy) products for which efficiency OR OTHER PERFORMANCE standards shall have been established pursuant to paragraph (b) or (c) of subdivision one of section 16-106 of this article; and (zz) products that had been subject to any federal efficiency standard referred to in section 16-105 of this article that have been continued in this state pursuant to such section. § 14. Subdivision 4 of section 16-104 of the energy law, as added by chapter 374 of the laws of 2022, is amended to read as follows: 4. The adoption of [efficiency] PERFORMANCE standards for any water- related appliances, equipment or fixtures shall be subject to approval by the commissioner of environmental conservation. Any such standard which would conflict with the provisions of section 15-0314 of the envi- ronmental conservation law shall not take effect until and unless waived by the commissioner of environmental conservation. § 15. Subdivision 5 of section 16-104 of the energy law, as added by chapter 374 of the laws of 2022, is amended to read as follows: 5. In adopting the flexible demand appliance PERFORMANCE standards, the New York state energy research and development authority shall consider the National Institute of Standards and Technology reliability and cybersecurity protocols, relevant New York cybersecurity laws, regu- lations, and advisories, or other cybersecurity protocols that are equally or more protective, and shall adopt, at a minimum, the North American Electric Reliability Corporation's Critical Infrastructure Protection standards. § 16. Section 16-106 of the energy law, as amended by chapter 374 of the laws of 2022, is amended to read as follows: § 16-106. Powers and duties of the president and the secretary. 1. The president in consultation with the secretary shall have and be entitled to exercise the following powers and duties: (a) To adopt regulations establishing [efficiency] PERFORMANCE stand- ards for the products listed in paragraphs (a) through (xx) of subdivi- sion one of section 16-104 of this article, including but not limited to, establishing [efficiency] PERFORMANCE standards for power supplies in the active mode and no-load mode or other such products while in the active mode and in the standby-passive-mode; (b) To adopt regulations establishing [efficiency] PERFORMANCE stand- ards for products not specifically listed in paragraphs (a) through (xx) of subdivision one of section 16-104 of this article, provided that the president determines that establishing such [efficiency] PERFORMANCE standards would serve to promote energy reduction, water conservation, greenhouse gas reduction, [and/or] OR increased demand flexibility asso- ciated with the regulated product categories in this state. To the maxi- mum extent feasible the president shall coordinate any such adoption with similar efforts by other states. Any regulation adopted pursuant to this paragraph may include provisions establishing procedures for test- ing the [efficiency] PERFORMANCE of the covered products and provisions establishing procedures for manufacturers of such product to certify that such products meet the [efficiency] PERFORMANCE standards, if the president determines that such manufacturer's certifications should be required; (c) To review [efficiency] PERFORMANCE standards as adopted from time to time by other states for products not listed in paragraphs (a) through (xx) of subdivision one of section 16-104 of this article, and S. 4008 134 A. 3008 to adopt regulations establishing [efficiency] PERFORMANCE standards similar to those adopted by any other state for such products, provided that the president determines that establishing such [efficiency] PERFORMANCE standards would serve to promote energy reduction, water conservation, greenhouse gas reduction, [and/or] OR increased demand flexibility associated with the regulated product categories in this state. Any regulation adopted pursuant to this paragraph may include provisions establishing procedures for testing the [efficiency] PERFORM- ANCE of the covered products and provisions establishing procedures for manufacturers of such product to certify that such products meet the [efficiency] PERFORMANCE standards, if the president determines that such manufacturer's certifications should be required; (d) To adopt regulations to achieve the purposes of this article. Such regulations shall ensure that compliance therewith will not result in a net increase in co-pollutant emissions or otherwise disproportionately burden disadvantaged communities as identified by the climate justice working group established under section 75-0111 of the environmental conservation law. In order to increase public participation and improve the efficacy of any [efficiency] PERFORMANCE standards adopted pursuant to [subdivision] PARAGRAPH (b) or (c) of this [section] SUBDIVISION, the president shall, before publication of a notice of proposed rule making, conduct public meetings to provide meaningful opportunities for public comment from all segments of the population that would be impacted by the standards or regulations, including persons living in disadvantaged communities as identified by the climate justice working group estab- lished under section 75-0111 of the environmental conservation law; (e) To conduct investigations, test, and obtain data with respect to research experiments and demonstrations, and to collect and disseminate information regarding the purposes to be achieved pursuant to this arti- cle; (f) To accept grants or funds for purposes of administration and enforcement of this article. Notwithstanding any other provision of law to the contrary, the president is hereby authorized to accept grants or funds, including funds directed through negotiated settlements or consent orders pursuant to this article. All funds accepted by the pres- ident for the purposes of this article shall be deposited in the [effi- ciency] PERFORMANCE standards administration account established by the New York state energy research and development authority and maintained in a segregated account [in the custody of the commissioner of taxation and finance], ESTABLISHED IN ACCORDANCE WITH SECTION ONE THOUSAND EIGHT HUNDRED FIFTY-NINE OF THE PUBLIC AUTHORITIES LAW. All expenditures from the [efficiency] PERFORMANCE standards administration account pursuant to this article shall be made by the New York state energy research and development authority to carry out studies, investigations, research, expenses to provide for expert witness, consultant, enforcement, admin- istrative and legal fees, including disbursements to the department of state to support enforcement activities authorized by the secretary pursuant to this section, and other related expenses pursuant to this article. All deposits made to the [efficiency] PERFORMANCE standards administration account made by the New York state energy research and development authority, all funds maintained in the [efficiency] PERFORM- ANCE standards administration account, and disbursements therefrom, made pursuant to this article shall be subject to an annual independent audit as part of such authority's audited financial statements, and such authority shall prepare an annual report summarizing [efficiency] PERFORMANCE standards administration account balance and activities for S. 4008 135 A. 3008 each fiscal year ending March thirty-first. In addition to submitting such report as provided in section one thousand eight hundred sixty-sev- en of the public authorities law, the authority shall provide such report to the secretary no later than ninety days after commencement of such fiscal year; (g) To consult with the appropriate federal agencies, including, but not limited to, the federal department of energy and other potentially affected parties in carrying out the provisions of this article; and (h) To conduct investigations, in consultation with the secretary, to determine if products covered by standards adopted pursuant to this article comply with such standards; to conduct tests to determine if products covered by standards adopted pursuant to this article comply with such standards; to prepare written reports of the results of such investigations and tests; to provide such reports to the secretary; in consultation with the secretary, to negotiate settlement agreements with any person that violates the provisions of subdivision two of section 16-104 of this article, or fails to perform any duty imposed by this article, or violates or fails to comply with any rule, regulation, determination, or order adopted, made, or issued by the president or the secretary pursuant to this article, pursuant to which such person shall agree to cease such violation and to pay such civil penalty as may be specified in such agreement, the terms of which will be incorporated into a consent order signed by such person, the president, and the secretary; to consult with the secretary in connection with determi- nations made by the secretary pursuant to paragraph (b) of subdivision five of this section; and to cooperate with the secretary in enforcement proceedings conducted by the secretary pursuant to this article. 1-a. Notwithstanding any other provision of this article, no [effi- ciency] PERFORMANCE standard adopted pursuant to paragraph (a) of subdi- vision one of this section shall become effective less than one hundred eighty days after publication of the notice of adoption of such standard in the state register; no [efficiency] PERFORMANCE standard adopted pursuant to paragraph (b) or (c) of subdivision one of this section shall become effective less than one year after publication of the notice of adoption of such [efficiency] PERFORMANCE standard in the state register; no amendment of any [efficiency] PERFORMANCE standard adopted pursuant to this article or of any efficiency standard continued in this state pursuant to section 16-105 of this article shall become effective less than one hundred eighty days after publication of the notice of adoption of such amendment in the state register; and no new or amended [efficiency] PERFORMANCE standard adopted pursuant to this article shall go into effect if federal government [efficiency] PERFORM- ANCE standards regarding such product preempt state standards unless preemption has been waived pursuant to federal law. 2. (a) On or before January first, two thousand twenty-three, the president, in consultation with the secretary, shall adopt regulations in accordance with the provisions of this article establishing: (i) PERFORMANCE STANDARDS FOR ENERGY efficiency [standards] for new products of the types referred to in paragraphs (a) through (f), para- graphs (h) through (y), paragraphs (aa) through (jj) and paragraphs (mm) through (xx) of subdivision one of section 16-104 of this article; (ii) procedures for testing the efficiency of the new products of the types referred to in paragraphs (a) through (f) and paragraphs (h) through (xx) of subdivision one of section 16-104 of this article; (iii) procedures for manufacturers to certify that new products of the types referred to in paragraphs (a) through (f) and paragraphs (h) S. 4008 136 A. 3008 through (xx) of subdivision one of section 16-104 of this article meet the PERFORMANCE STANDARDS FOR ENERGY efficiency [standards] to be adopted pursuant to this article, if the president determines that such manufacturer's certifications should be required; and (iv) such further matters as are necessary to insure the proper imple- mentation and enforcement of the provisions of this article. (b) With respect to the types of products referred to in paragraph (g), (z) or (kk) of subdivision one of section 16-104 of this article (incandescent reflector lamps, general service lamps, and light emitting diode lamps), the president shall conduct a study by December thirty- first, two thousand twenty-three to determine whether [an] A PERFORMANCE STANDARD FOR ENERGY efficiency [standard] for such products should be established, taking into account factors including the potential impact on electricity usage, product availability and consumer and environ- mental benefits. If the president determines based on this study that such a standard would reduce energy use and would not be preempted by the federal law, the president shall adopt regulations in accordance with the provisions of this article establishing efficiency standards for such products. 3. Subsequent to adopting regulations pursuant to subdivisions one and two of this section, the president, in consultation with the secretary, may amend such regulations, including increasing the stringency of the [efficiency] PERFORMANCE standards. 4. By March fifteenth of two thousand twenty-one, the secretary and the president shall produce a report to the governor, the speaker of the assembly, the temporary president of the senate, the chair of the assem- bly committee on energy and the chair of the senate committee on energy and telecommunications on the status of regulations establishing PERFORMANCE STANDARDS FOR ENERGY efficiency [standards] pursuant to this article, which shall indicate for each product enumerated in subdivision one of section 16-104 of this article the status of the implementation of [efficiency] PERFORMANCE standards. The report shall also set forth the estimated potential annual reductions in energy use and potential utility bill savings resulting from adopted PERFORMANCE STANDARDS FOR ENERGY efficiency [standards] for the years two thousand twenty-five and two thousand thirty-five and the potential cumulative reductions in energy use through the year two thousand thirty-five. Such report shall be updated in the same manner by March fifteenth, two thousand twenty- six and two thousand thirty and copies of such updates shall be posted by March fifteenth, two thousand twenty-seven and March fifteenth, two thousand thirty on the websites of the authority and the department of state. EACH SUCH UPDATED REPORT SHALL ALSO INCLUDE THE POTENTIAL ANNUAL AND CUMULATIVE RESULTS ACHIEVED PURSUANT TO THE PERFORMANCE METRICS ESTABLISHED FOR PRODUCT PERFORMANCE STANDARDS PROMULGATED PURSUANT TO SUBDIVISION EIGHTEEN OF SECTION 16-102 OF THIS ARTICLE AND SECTION 16-104 OF THIS ARTICLE. 5. (a) In addition to all other powers and authority given to the secretary by this article, the secretary shall have and be entitled to exercise the following powers and duties: (i) To request the president to conduct investigations to determine if products covered by [efficiency] PERFORMANCE standards adopted pursuant to this article comply with such [efficiency] PERFORMANCE standards; to consult with the president in connection with the president's perform- ance of such investigations; to request the president to conduct tests to determine if products covered by [efficiency] PERFORMANCE standards adopted pursuant to this article comply with such [efficiency] PERFORM- S. 4008 137 A. 3008 ANCE standards; and to request the president's cooperation in connection with enforcement proceedings conducted by the secretary pursuant to this article; (ii) To order the immediate cessation of any distribution, sale or offer for sale, lease or offer to lease, rent or offer to rent, import, or offer to import, or installation or offer of installation of any product listed in paragraphs (a) through (xx) of subdivision one of section 16-104 of this article, or of any product for which [efficiency] PERFORMANCE standards shall have been established pursuant to paragraph (b) or (c) of subdivision one of this section, or any product that is subject to a federal efficiency standard that shall have been continued in this state pursuant to section 16-105 of this article, if the secre- tary, in consultation with the president, determines that such product does not meet the applicable [efficiency] PERFORMANCE standard or if such product does not satisfy the testing procedures or manufacturer's certification procedures adopted pursuant to the regulations authorized by this article; (iii) To accept grants or funds for purposes of administration and enforcement of this article; (iv) To impose, after notice and an opportunity to be heard, civil penalties and/or injunctive relief for any violation of this article or any regulation adopted pursuant to this article. Any penalties collected by the secretary under this section shall be placed in the account established under section ninety-seven-www of the state finance law, relating to the consumer protection account; and (v) To adopt such rules and regulations as the secretary may deem necessary or appropriate for the purpose of carrying out the powers and duties granted to the secretary by this article. (b) The secretary may exercise the powers and authority granted to the secretary by this subdivision, or by any other provision of this arti- cle, through the consumer protection division established by the secre- tary pursuant to section ninety-four-a of the executive law or through such other divisions, officers, or employees of the department of state as the secretary may designate from time to time. § 17. Subdivision 2 of section 16-107 of the energy law, as added by chapter 374 of the laws of 2022, is amended to read as follows: 2. Any person that sells or offers for sale, leases or offers for lease, rents or offers for rent, or installs or offers to install, manu- factures or tests in New York state any new product of a type listed in paragraphs (a) through (xx) of subdivision one of section 16-104 of this article, or any new product for which [efficiency] PERFORMANCE standards shall have been established pursuant to paragraph (b) or (c) of subdivi- sion one of section 16-106 of this article, or any product that is subject to federal efficiency standards that shall have been continued in this state pursuant to section 16-105 of this article, shall be obliged, on the request of the secretary or his or her designee, or the request of the president or his or her designee, to supply the secretary and/or the president with such information and documentation as may be required concerning such person's business, business practices, or busi- ness methods, or proposed business practices or methods. The obligations contained in this subdivision shall not apply to any person that sells or offers for sale, leases or offers for lease, rents or offers for rent, or installs or offers to install only products described in subdi- vision three of section 16-104 of this article. The power to make infor- mation and document requests is in addition to and not in limitation of the power to issue subpoenas. S. 4008 138 A. 3008 § 18. Subdivision 1 of section 16-108 of the energy law, as amended by chapter 374 of the laws of 2022, is amended to read as follows: 1. Any person who issues: (a) a certification that a product listed in paragraphs (a) through (xx) of subdivision one of section 16-104 of this article complies with the [efficiency] PERFORMANCE standards for such product established by or pursuant to this article; (b) a certification that a product not listed in paragraphs (a) through (xx) of subdivision one of section 16-104 of this article complies with [efficiency] PERFORMANCE standards for such product estab- lished pursuant to paragraph (b) or (c) of subdivision one of section 16-104 of this article; or (c) a certification that a product that is subject to federal effi- ciency standards that shall have been continued in this state pursuant to section 16-105 of this article complies with such efficiency stand- ards, knowing that such product does not comply with such efficiency standards, shall be liable for a civil penalty of not more than ten thousand dollars for each such product certified and an additional penalty of not more than ten thousand dollars for each day during which such violation continues. § 19. Section 17-101 of the energy law is amended by adding twenty new subdivisions 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 to read as follows: 5. "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP- MENT AUTHORITY. 6. "BENCHMARK" MEANS TO INPUT AND SUBMIT THE TOTAL ENERGY AND WATER CONSUMED FOR A BUILDING FOR THE PREVIOUS CALENDAR YEAR AND OTHER DESCRIPTIVE INFORMATION FOR SUCH BUILDING AS REQUIRED BY THE BENCHMARK- ING TOOL. TOTAL ENERGY AND WATER CONSUMPTION SHALL NOT INCLUDE SEPARATE- LY METERED USES THAT ARE NOT INTEGRAL TO BUILDING OPERATIONS, SUCH AS BROADCAST ANTENNAS, AS DETERMINED BY THE PRESIDENT. 7. "BENCHMARKING TOOL" MEANS THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S ENERGY STAR PORTFOLIO MANAGER INTERNET-BASED REPORT- ING INTERFACE OR ANY SIMILAR TOOL AS DETERMINED BY THE PRESIDENT TO BE REASONABLY COMPARABLE, AND ANY ADDITIONAL TOOLS SPECIFIED IN REGULATIONS ADOPTED BY THE PRESIDENT. 8. "BENCHMARKING INFORMATION" MEANS INFORMATION GENERATED BY THE BENCHMARKING TOOL AND DESCRIPTIVE INFORMATION ABOUT THE PHYSICAL BUILD- ING AND ITS OWNERSHIP, MANAGEMENT, AND OPERATIONAL CHARACTERISTICS. 9. "PUBLIC BENCHMARKING INFORMATION" MEANS INFORMATION GENERATED BY THE BENCHMARKING TOOL AND DESCRIPTIVE INFORMATION ABOUT THE PHYSICAL BUILDING AND ITS OPERATIONAL CHARACTERISTICS THAT IS DISCLOSED TO THE PUBLIC. THE PUBLIC BENCHMARKING INFORMATION SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: (A) DESCRIPTIVE INFORMATION, INCLUDING BUILDING ADDRESS; PRIMARY USE TYPE; AND GROSS FLOOR AREA AS DEFINED BY THE BENCHMARKING TOOL GLOSSARY; (B) OUTPUT INFORMATION, INCLUDING SITE AND SOURCE ENERGY USE INTENSI- TY; WEATHER NORMALIZED SITE AND SOURCE ENERGY USE INTENSITY; TOTAL ANNU- AL GREENHOUSE GAS EMISSIONS; WATER USE PER GROSS SQUARE FOOT; AND THE ENERGY STAR SCORE, WHERE AVAILABLE; (C) COMPLIANCE OR NONCOMPLIANCE WITH THIS LAW; AND (D) A COMPARISON OF THE ANNUAL SUMMARY STATISTICS ACROSS CALENDAR YEARS FOR ALL YEARS SINCE ANNUAL REPORTING AND DISCLOSURE HAS BEEN REQUIRED FOR THE COVERED BUILDING. 10. "BENCHMARKING SUBMISSION" MEANS A SUBSET OF: (A) INFORMATION INPUT INTO THE BENCHMARKING TOOL; AND S. 4008 139 A. 3008 (B) BENCHMARKING INFORMATION GENERATED BY THE BENCHMARKING TOOL, AS DETERMINED BY THE PRESIDENT. 11. "COVERED BUILDING" MEANS (A) A STATE BUILDING, OR (B) AS IT APPEARS IN THE RECORDS OF THE DEPARTMENT OF TAXATION AND FINANCE, WHICH INFORMATION SHALL BE SHARED BY THE DEPARTMENT OF TAXATION AND FINANCE WITH THE AUTHORITY FOR PURPOSES OF IMPLEMENTATION OF THIS ARTICLE: (I) A BUILDING THAT EXCEEDS TWENTY-FIVE THOUSAND GROSS SQUARE FEET (FOUR THOUSAND SIX HUNDRED FORTY-FIVE SQUARE METERS), (II) TWO OR MORE BUILD- INGS ON THE SAME TAX LOT THAT TOGETHER EXCEED FIFTY-THOUSAND GROSS SQUARE FEET (NINE THOUSAND TWO HUNDRED NINETY SQUARE METERS), OR (III) TWO OR MORE BUILDINGS HELD IN THE CONDOMINIUM FORM OF OWNERSHIP THAT ARE GOVERNED BY THE SAME BOARD OF MANAGERS AND THAT TOGETHER EXCEED FIFTY- THOUSAND GROSS SQUARE FEET (NINE THOUSAND TWO HUNDRED NINETY SQUARE METERS). "COVERED BUILDING" SHALL NOT INCLUDE REAL PROPERTY, NOT MORE THAN THREE STORIES, CONSISTING OF A SERIES OF ATTACHED, DETACHED OR SEMI-DETACHED DWELLINGS, FOR WHICH OWNERSHIP AND THE RESPONSIBILITY FOR MAINTENANCE OF THE HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) SYSTEMS AND HOT WATER HEATING SYSTEMS IS HELD BY EACH INDIVIDUAL DWELL- ING UNIT OWNER, AND WITH NO HVAC SYSTEM OR HOT WATER HEATING SYSTEM IN THE SERIES SERVING MORE THAN TWO DWELLING UNITS. 12. "ENERGY" MEANS ELECTRICITY, NATURAL GAS, STEAM, HOT OR CHILLED WATER, FUEL OIL, KEROSENE, PROPANE, OR OTHER FUEL PRODUCT FOR USE IN A BUILDING, OR ON-SITE ELECTRICITY GENERATION, INCLUDING RENEWABLE AND STORAGE TECHNOLOGIES FOR PURPOSES OF PROVIDING HEATING, COOLING, LIGHT- ING, WATER HEATING, OR FOR POWERING OR FUELING OTHER END-USES IN THE BUILDING AND RELATED FACILITIES. 13. "ENERGY GRADE" MEANS A SCALE REPRESENTING THE RATIO OF THE ENERGY PERFORMANCE OF AN EXISTING BUILDING BASED ON THE BENCHMARK INPUTS OF A BUILDING AND CALCULATED WITHIN THE BENCHMARKING TOOL, COMPARING THE BUILDING TO A NATIONALLY REPRESENTATIVE DATASET OF SIMILAR BUILDINGS, ACCOUNTING FOR REGIONAL CHARACTERISTICS IN WEATHER AND OPERATING CONDI- TIONS SPECIFIC TO THE BUILDING. 14. "ENERGY USE INTENSITY" MEANS THE KBTUS (1,000 BRITISH THERMAL UNITS) USED PER SQUARE FOOT OF GROSS FLOOR AREA. 15. "GREENHOUSE GAS" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. 16. "GROSS FLOOR AREA" MEANS THE TOTAL NUMBER OF ENCLOSED SQUARE FEET MEASURED BETWEEN THE EXTERIOR SURFACES OF THE FIXED WALLS WITHIN ANY STRUCTURE USED OR INTENDED FOR SUPPORTING OR SHELTERING ANY USE OR OCCU- PANCY. 17. "OWNER" MEANS: (A) AN INDIVIDUAL OR ENTITY POSSESSING TITLE TO A COVERED BUILDING PROPERTY, OR THE LESSEE, WHERE SUCH LESSEE IS THE SOLE TENANT OF THE COVERED PROPERTY AND IS SUBJECT TO A TRIPLE NET LEASE; (B) THE BOARD OF MANAGERS IN THE CASE OF A CONDOMINIUM; (C) THE BOARD OF DIRECTORS IN THE CASE OF A COOPERATIVE APARTMENT CORPORATION; (D) THE ENTITY IN PHYSICAL POSSESSION OF THE BUILDING OR HAVING BENE- FICIAL USE AND OCCUPANCY OF THE BUILDING IN THE CASE OF A COVERED BUILD- ING WITH TITLE POSSESSED BY A STATE ENTITY SOLELY FOR PURPOSES OF SECUR- ING BONDS, NOTES OR OTHER OBLIGATIONS ISSUED BY SUCH STATE ENTITY, IN WHICH CASE, THE STATE ENTITY WILL NOT ALSO BE DEEMED THE OWNER HERE- UNDER. FOR THE PURPOSE OF THIS PARAGRAPH, A "STATE ENTITY" SHALL MEAN ANY STATE AGENCY, STATE AUTHORITY OR SUBSIDIARY OF A STATE AUTHORITY; OR (E) AN AGENT AUTHORIZED TO ACT ON BEHALF OF ANY OF THE ABOVE. S. 4008 140 A. 3008 18. "PORTFOLIO MANAGER" MEANS THE ENERGY STAR PORTFOLIO MANAGER, THE INTERNET-BASED TOOL DEVELOPED AND MAINTAINED BY THE UNITED STATES ENVI- RONMENTAL PROTECTION AGENCY TO TRACK AND ASSESS THE RELATIVE ENERGY PERFORMANCE OF BUILDINGS NATIONWIDE, OR ITS SUCCESSOR. 19. "PRESIDENT" MEANS THE PRESIDENT OF THE AUTHORITY. 20. "QUALIFIED BENCHMARKER" MEANS AN INDIVIDUAL OR ENTITY THAT POSSESSES A BENCHMARKING CERTIFICATION OR OTHER CREDENTIAL OR CREDEN- TIALS APPROVED BY THE PRESIDENT OR THE PRESIDENT'S DESIGNEE. 21. "QUALIFYING FINANCIAL DISTRESS" MEANS: (A) THE COVERED BUILDING IS THE SUBJECT OF A QUALIFIED TAX LIEN SALE OR PUBLIC AUCTION DUE TO PROPERTY TAX ARREARS; (B) THE COVERED BUILDING IS CONTROLLED BY A COURT APPOINTED RECEIVER; (C) A FORECLOSURE ACTION HAS COMMENCED ON THE COVERED BUILDING DURING THE CALENDAR YEAR FOR WHICH BENCHMARKING IS REQUIRED; (D) TITLE TO THE COVERED BUILDING WAS TRANSFERRED BY DEED IN LIEU OF FORECLOSURE OR BY A REFEREE'S DEED IN FORECLOSURE DURING THE CALENDAR YEAR FOR WHICH BENCHMARKING IS REQUIRED; (E) THE OWNER OF A COVERED BUILDING HAS COMMENCED A BANKRUPTCY FILING; OR (F) OTHER SITUATIONS AS AUTHORIZED BY THE PRESIDENT OR THE PRESIDENT'S DESIGNEE. 22. "TENANT" MEANS A PERSON OR ENTITY OCCUPYING OR HOLDING POSSESSION OF A BUILDING, PART OF A BUILDING OR PREMISES PURSUANT TO A RENTAL AGREEMENT. 23. "UTILITY" MEANS AN ENTITY THAT DISTRIBUTES AND/OR SELLS ENERGY TO A COVERED BUILDING. 24. "STATE BUILDING" MEANS A BUILDING THAT IS MORE THAN TEN THOUSAND GROSS SQUARE FEET (NINE HUNDRED TWENTY-NINE SQUARE METERS), AS IT APPEARS IN THE RECORDS OF THE DEPARTMENT OF TAXATION AND FINANCE, WHICH INFORMATION SHALL BE SHARED BY THE DEPARTMENT OF TAXATION AND FINANCE WITH THE AUTHORITY FOR PURPOSES OF IMPLEMENTATION OF THIS ARTICLE, THAT IS OWNED BY THE STATE OR FOR WHICH THE STATE REGULARLY PAYS ALL OF THE ANNUAL ENERGY BILLS, PROVIDED THAT TWO OR MORE BUILDINGS ON THE SAME TAX LOT SHALL BE DEEMED TO BE ONE BUILDING. § 20. The energy law is amended by adding a new section 17-107 to read as follows: § 17-107. BENCHMARKING APPLICABILITY AND SUBMISSION. 1. NO LATER THAN THE FIRST DAY OF MAY, TWO THOUSAND TWENTY-FIVE, AND NO LATER THAN THE FIRST DAY OF MAY OF EVERY YEAR THEREAFTER, EACH OWNER SHALL ENSURE THAT SUCH OWNER'S COVERED BUILDINGS SHALL BE BENCHMARKED FOR THE PREVIOUS CALENDAR YEAR AND THE BENCHMARKING SUBMISSION SHALL BE PROVIDED TO THE AUTHORITY AS DIRECTED BY THE PRESIDENT. 2. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY EXEMPT FROM THE BENCHMARKING REQUIREMENT A MUNICIPALITY WITH A BENCHMARKING REQUIREMENT IN EFFECT THAT MEETS OR EXCEEDS THE BENCHMARKING RULES ESTABLISHED BY THE AUTHORITY. 3. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY TEMPORARILY EXEMPT FROM THE BENCHMARKING REQUIREMENT THE OWNER OF A COVERED BUILDING THAT SUBMITS DOCUMENTATION ESTABLISHING, TO THE SATISFACTION OF THE PRESIDENT OR THE PRESIDENT'S DESIGNEE, ANY OF THE FOLLOWING: (A) THE COVERED BUILDING HAS CHARACTERISTICS THAT MAKE BENCHMARKING IMPRACTICABLE, INCLUDING BUILDINGS THAT DO NOT FIT ANY OF THE BUILDING TYPES, DEFINITIONS OR USE DETAILS LISTED IN THE PORTFOLIO MANAGER; (B) THE COVERED BUILDING HAD AVERAGE PHYSICAL OCCUPANCY OF LESS THAN FIFTY PERCENT THROUGHOUT THE CALENDAR YEAR FOR WHICH BENCHMARKING IS REQUIRED; S. 4008 141 A. 3008 (C) THE COVERED BUILDING IS A NEW CONSTRUCTION AND THE COVERED BUILDING'S CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE OF OCCUPAN- CY WAS ISSUED DURING THE CALENDAR YEAR FOR WHICH BENCHMARKING IS REQUIRED; (D) THE COVERED BUILDING EXPERIENCED QUALIFYING FINANCIAL DISTRESS DURING THE YEAR FOR WHICH BENCHMARKING IS REQUIRED; OR (E) THE COVERED BUILDING HAS BEEN ISSUED A FULL DEMOLITION PERMIT FOR THE PRIOR CALENDAR YEAR, PROVIDED THAT DEMOLITION WORK HAS COMMENCED, SOME ENERGY-RELATED SYSTEMS HAVE BEEN COMPROMISED AND LEGAL OCCUPANCY IS NO LONGER POSSIBLE PRIOR TO THE FIRST DAY OF MAY OF THE YEAR IN WHICH THE BENCHMARKING REPORT IS DUE. 4. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY EXEMPT FROM THE BENCHMARKING REQUIREMENT THE OWNERS OF ALL COVERED BUILDINGS LOCATED WITHIN AN EXEMPT MUNICIPALITY THAT COMPLY WITH THE MUNICIPALITY'S BENCH- MARKING REQUIREMENT. 5. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY EXEMPT FROM THE BENCHMARKING REQUIREMENT RELATED TO WATER THE OWNER OF A COVERED BUILD- ING IN JURISDICTIONS WHERE WHOLE BUILDING WATER USE DATA IS NOT AVAIL- ABLE IN INCREMENTS REQUIRED BY THE BENCHMARKING TOOL OR AS DEFINED BY THE PRESIDENT OR THE PRESIDENT'S DESIGNEE. 6. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY GRANT AN EXTENSION OF TIME IF THE OWNER OF THE COVERED BUILDING DEMONSTRATES, TO THE SATISFAC- TION OF THE PRESIDENT OR THE PRESIDENT'S DESIGNEE, THAT DESPITE GOOD FAITH EFFORTS, THE OWNER COULD NOT SATISFY THE REQUIREMENTS OF THIS ARTICLE BY THE IMPOSED DEADLINES. 7. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY REQUIRE THAT DATA BE VALIDATED BY A QUALIFIED BENCHMARKER OR THAT BENCHMARKING BE PERFORMED BY A QUALIFIED BENCHMARKER. § 21. The energy law is amended by adding a new section 17-108 to read as follows: § 17-108. BENCHMARKING NOTIFICATION AND POSTING. 1. BETWEEN SEPTEMBER FIRST AND DECEMBER THIRTY-FIRST OF EACH YEAR, THE AUTHORITY SHALL NOTIFY OWNERS OF THEIR OBLIGATION TO BENCHMARK PURSUANT TO SECTION 17-107 OF THIS ARTICLE. 2. BY DECEMBER FIRST OF EACH YEAR, THE AUTHORITY SHALL POST THE LIST OF THE ADDRESSES OF COVERED BUILDINGS ON THE AUTHORITY'S WEBSITE. § 22. The energy law is amended by adding a new section 17-109 to read as follows: § 17-109. DISCLOSURE, ANALYSIS, AND PUBLICATION OF BENCHMARKING INFOR- MATION. 1. NO LATER THAN THE THIRTY-FIRST DAY OF DECEMBER, TWO THOUSAND TWENTY-FIVE AND BY THE FIFTEENTH DAY OF SEPTEMBER OF EACH YEAR THEREAFT- ER, THE AUTHORITY SHALL PUBLISH PUBLIC BENCHMARKING INFORMATION REGARD- ING ALL COVERED BUILDINGS FOR THE PREVIOUS CALENDAR YEAR, EXCEPT THAT PUBLIC BENCHMARKING INFORMATION REGARDING A COVERED BUILDING FOR SUCH BUILDING'S FIRST YEAR OF REQUIRED COMPLIANCE SHALL NOT BE PUBLISHED BY THE AUTHORITY, REGARDLESS OF WHETHER OR NOT THE AUTHORITY RECEIVED BENCHMARKING INFORMATION FOR THAT BUILDING. 2. IN ADDITION TO THE PUBLISHING OF PUBLIC BENCHMARKING INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY SHALL ANNUAL- LY PUBLISH: (A) SUMMARY STATISTICS AND TREND ANALYSES REGARDING ENERGY CONSUMPTION FOR COVERED BUILDINGS DERIVED FROM AGGREGATION OF BENCHMARKING INFORMA- TION; AND (B) INFORMATION REGARDING HOW EACH COVERED BUILDING COMPARES WITH COMPARABLE COVERED BUILDINGS IN NEW YORK STATE, AND HOW EACH COVERED BUILDING'S PERFORMANCE HAS CHANGED OVER TIME. S. 4008 142 A. 3008 3. NO LATER THAN THE THIRTY-FIRST DAY OF DECEMBER, TWO THOUSAND TWEN- TY-FIVE, AND NO LATER THAN THE FIFTEENTH DAY OF SEPTEMBER OF EACH YEAR THEREAFTER, EACH EXEMPTED MUNICIPALITY SHALL MAKE AVAILABLE TO THE AUTHORITY, IN A FORM AS REQUIRED BY THE AUTHORITY, ANY BENCHMARKING INFORMATION POSSESSED BY SUCH MUNICIPALITY. 4. ANY ANALYSIS OR POSSESSION OF INFORMATION CONCERNING COVERED BUILD- INGS BY THE AUTHORITY IS SUBJECT TO RULES REGARDING PERSONAL, PRIVATE OR SENSITIVE INFORMATION AS DEFINED BY THE NEW YORK STATE OFFICE OF INFOR- MATION TECHNOLOGY SERVICES AND ARTICLE SIX OF THE PUBLIC OFFICERS LAW. 5. THE AUTHORITY MAY PROVIDE AN OWNER OR MANAGER OF A COVERED BUILDING WITH BENCHMARKING INFORMATION RELATED TO SUCH COVERED BUILDING THAT IS NOT PUBLIC BENCHMARKING INFORMATION. 6. NOTHING IN THIS SECTION SHOULD BE CONSTRUED TO SUPERSEDE SECTIONS EIGHTY-FOUR THROUGH SECTION NINETY OF THE PUBLIC OFFICERS LAW, EXCEPT WITH RESPECT TO THE AUTHORITY'S PUBLISHING OF PUBLIC BENCHMARKING INFOR- MATION AS REQUIRED IN THIS SECTION. § 23. The energy law is amended by adding a new section 17-110 to read as follows: § 17-110. MAINTENANCE OF BENCHMARKING RECORDS. 1. OWNERS SHALL MAIN- TAIN RECORDS SUFFICIENT TO PROVIDE FOR THE REPORTING OF PUBLIC BENCH- MARKING INFORMATION TO THE AUTHORITY. SUCH RECORDS SHALL BE PRESERVED FOR A PERIOD OF AT LEAST THREE YEARS. AT THE REQUEST OF THE PRESIDENT SUCH RECORDS SHALL BE MADE AVAILABLE FOR INSPECTION AND AUDIT. 2. AT THE TIME LEGAL TITLE OF ANY COVERED BUILDING IS TRANSFERRED, THE BUYER AND SELLER SHALL ARRANGE FOR THE SELLER TO PROVIDE TO THE BUYER, AT OR BEFORE CLOSING, ALL INFORMATION NECESSARY FOR THE BUYER TO REPORT BENCHMARKING INFORMATION FOR THE ENTIRE YEAR IN A TIMELY MANNER. § 24. The energy law is amended by adding a new section 17-111 to read as follows: § 17-111. POWERS AND DUTIES OF THE PRESIDENT. THE PRESIDENT SHALL HAVE THE AUTHORITY TO PROMULGATE REGULATIONS ESTABLISHING RULES FOR THE ADMINISTRATION AND ENFORCEMENT OF THE REQUIREMENTS OF THIS ARTICLE, SUCH AS COMPLIANCE, ENFORCEMENT, AND EXEMPTIONS FOR BENCHMARK REPORTING AND DATA VERIFICATION REQUIREMENTS AND FOR THE FOLLOWING: 1. TO ESTABLISH THROUGH REGULATION THE OBLIGATION TO POST AND PUBLICLY DISPLAY ENERGY GRADES; 2. TO ESTABLISH THROUGH REGULATION EXEMPTION CRITERIA FOR QUALIFYING BUILDINGS TO DELAY COMPLIANCE WITH THE BENCHMARKING OR ENERGY GRADES REQUIREMENTS FOR UP TO THREE YEARS IF THE OWNER DEMONSTRATES, TO THE SATISFACTION OF THE PRESIDENT OR THEIR DESIGNATED REPRESENTATIVE, FINAN- CIAL DISTRESS, CHANGE OF OWNERSHIP, VACANCY, MAJOR RENOVATION, PENDING DEMOLITION, OR OTHER ACCEPTABLE CIRCUMSTANCES DETERMINED BY THE PRESI- DENT; 3. TO NEGOTIATE SETTLEMENTS AND TO IMPOSE CIVIL INFRACTION PENALTIES, FINES, AND FEES AS SANCTIONS FOR A VIOLATION OF THIS SECTION OR A REGU- LATION ISSUED PURSUANT TO THIS ARTICLE. FAILURE TO BENCHMARK ENERGY AND WATER USE FOR THE PRIOR CALENDAR YEAR BY DEADLINES SET BY THE PRESIDENT MAY RESULT IN A PENALTY OF FIVE HUNDRED DOLLARS. CONTINUED FAILURE TO BENCHMARK MAY RESULT IN ADDITIONAL VIOLATIONS ON A QUARTERLY BASIS AND AN ADDITIONAL PENALTY OF FIVE HUNDRED DOLLARS PER VIOLATION. FAILURE TO ANNUALLY POST THE ENERGY GRADE FOR THE BUILDING BY DEADLINES SET BY THE PRESIDENT MAY RESULT IN A PENALTY OF ONE THOUSAND TWO HUNDRED FIFTY DOLLARS. PENALTIES COLLECTED SHALL BE DEPOSITED INTO A BENCHMARKING ADMINISTRATION ACCOUNT; AND 4. TO ACCEPT GRANTS OR FUNDS FOR PURPOSES OF ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW S. 4008 143 A. 3008 TO THE CONTRARY, THE PRESIDENT IS HEREBY AUTHORIZED TO ACCEPT GRANTS OR FUNDS, INCLUDING FUNDS DIRECTED THROUGH FINES, COMPLIANCE PENALTIES, OR NEGOTIATED SETTLEMENTS PURSUANT TO THIS ARTICLE, AND IS AUTHORIZED TO ESTABLISH THE BENCHMARKING ADMINISTRATION ACCOUNT TO BE ADMINISTERED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND MAIN- TAINED IN A SEGREGATED ACCOUNT, ESTABLISHED IN ACCORDANCE WITH SECTION EIGHTEEN HUNDRED FIFTY-NINE OF THE PUBLIC AUTHORITIES LAW. ALL FUNDS ACCEPTED BY THE PRESIDENT FOR THE PURPOSES OF THIS ARTICLE SHALL BE DEPOSITED IN THE BENCHMARKING ADMINISTRATION ACCOUNT ESTABLISHED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND MAINTAINED IN A SEGREGATED ACCOUNT, ESTABLISHED IN ACCORDANCE WITH SECTION EIGHTEEN HUNDRED FIFTY-NINE OF THE PUBLIC AUTHORITIES LAW. ALL EXPENDITURES FROM THE BENCHMARKING ADMINISTRATION ACCOUNT PURSUANT TO THIS ARTICLE SHALL BE MADE BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO CARRY OUT STUDIES, INVESTIGATIONS, RESEARCH, EXPENSES TO PROVIDE FOR EXPERT WITNESS, CONSULTANT, ENFORCEMENT, ADMINISTRATIVE AND LEGAL FEES, INCLUDING DISBURSEMENTS TO THE DEPARTMENT OF TAXATION AND FINANCE TO SUPPORT COMPLIANCE ACTIVITIES AUTHORIZED BY THE PRESIDENT PURSUANT TO THIS SECTION, AND OTHER RELATED EXPENSES PURSUANT TO THIS ARTICLE. ALL DEPOSITS MADE TO THE BENCHMARKING ADMINISTRATION ACCOUNT MADE BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, ALL FUNDS MAIN- TAINED IN THE BENCHMARKING ADMINISTRATION ACCOUNT, AND DISBURSEMENTS THEREFROM, MADE PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART OF SUCH AUTHORITY'S AUDITED FINANCIAL STATE- MENTS, AND SUCH AUTHORITY SHALL PREPARE AN ANNUAL REPORT SUMMARIZING BENCHMARKING ADMINISTRATION ACCOUNT BALANCE AND ACTIVITIES FOR EACH FISCAL YEAR ENDING MARCH THIRTY-FIRST AND PROVIDE SUCH REPORT TO THE SECRETARY NO LATER THAN NINETY DAYS AFTER COMMENCEMENT OF SUCH FISCAL YEAR. § 25. The energy law is amended by adding a new section 17-112 to read as follows: § 17-112. ENFORCEMENT AND ADMINISTRATION. 1. IT SHALL BE UNLAWFUL FOR ANY ENTITY OR PERSON TO FAIL TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE OR ANY RULE OR REGULATION PROMULGATED BY THE AUTHORITY OF THIS ARTICLE OR TO MISREPRESENT ANY MATERIAL FACT IN A DOCUMENT REQUIRED TO BE PREPARED OR DISCLOSED PURSUANT TO THIS ARTICLE OR ANY RULE OR REGU- LATION PROMULGATED BY THE AUTHORITY OF THIS ARTICLE. 2. EXCEPT FOR MINOR ALTERATIONS OR ALTERATIONS REASONABLY NECESSARY TO PROTECT BUILDING OCCUPANT SAFETY AND REDUCE FIRE RISKS OR AS APPROVED BY THE PRESIDENT OR THE PRESIDENT'S DESIGNEE, NO COUNTY, CITY, TOWN OR VILLAGE SHALL ISSUE A PERMIT FOR THE CONSTRUCTION OF OR WORK RELATED TO ANY COMMERCIAL, RESIDENTIAL, OR MIXED-USE BUILDING IF THE BUILDING IS NOT ALREADY IN COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE OR ANY RULE OR REGULATION PROMULGATED BY THE AUTHORITY PURSUANT TO THIS ARTI- CLE. 3. ANY PERSON OR ENTITY WHO VIOLATES THE PROVISIONS OF THIS ARTICLE, NOT INCLUDING SECTIONS 17-103 AND 17-105 OF THIS ARTICLE, SHALL BE SUBJECT TO A CIVIL PENALTY. 4. THE ATTORNEY GENERAL FOR THE STATE OF NEW YORK MAY COMMENCE A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION FOR DAMAGES, CIVIL PENAL- TIES, COST RECOVERY, REASONABLE ATTORNEY AND EXPERT WITNESS FEES, AND INJUNCTIVE OR OTHER APPROPRIATE RELIEF TO ENFORCE COMPLIANCE WITH THIS SECTION OR A REGULATION ISSUED PURSUANT TO THIS SECTION. § 26. This act shall take effect immediately; provided, however, that the amendments to subdivision 4 of section 16-106 of the energy law made by section sixteen of this act shall not affect the repeal of such S. 4008 144 A. 3008 subdivision and shall be deemed to repeal therewith; and, provided, however, that section twenty-one of this act shall take effect January 1, 2024. PART XX Section 1. Section 1005 of the public authorities law is amended by adding a new subdivision 27-a to read as follows: 27-A. (A) AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, THE AUTHORITY IS AUTHORIZED TO PLAN, DESIGN, DEVELOP, FINANCE, CONSTRUCT, OWN, OPERATE, MAINTAIN AND IMPROVE, EITHER ALONE OR JOINTLY WITH OTHER ENTITIES, INCLUDING BUT NOT LIMITED TO LOCAL DEVELOPMENT CORPORATIONS FORMED UNDER SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, RENEWABLE ENERGY GENERATING PROJECTS IN THE STATE, INCLUDING ITS TERRITORIAL WATERS, AND/OR ON PROPERTY OR IN WATERS UNDER THE JURISDICTION OR REGULATORY AUTHORITY OF THE UNITED STATES, OR ANY COMPONENT THEREOF, AND TO ACQUIRE, LEASE OR OTHERWISE DISPOSE OF PROPER- TY INTERESTS RELATED TO THE DEVELOPMENT OR DISPOSITION OF RENEWABLE ENERGY GENERATING PROJECTS, AS THE AUTHORITY DETERMINES IS NECESSARY AND DESIRABLE TO: (I) SUPPORT THE STATE'S GREENHOUSE GAS EMISSION REDUCTION GOALS PROVIDED FOR IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT; (II) PROVIDE OR MAINTAIN AN ADEQUATE AND RELIABLE SUPPLY OF ELEC- TRIC POWER AND ENERGY IN THE STATE; (III) ASSIST LOCAL GOVERNMENTS IN ACHIEVING LOCAL ENERGY AND ENVIRONMENTAL GOALS; AND (IV) ADVANCE OTHER IMPORTANT STATE ENERGY AND SOCIAL POLICIES. THE ACQUISITION, LEASE OR OTHER DISPOSAL OF PROPERTY INTERESTS RELATED TO THE DEVELOPMENT OR DISPOSITION OF RENEWABLE ENERGY GENERATING PROJECTS AUTHORIZED BY THIS PARAGRAPH MAY BE DONE THROUGH A COMPETITIVE SELECTION PROCESS, A NON- COMPETITIVE SELECTION PROCESS, OR BY NEGOTIATION, AND THE DISPOSAL OF SUCH INTERESTS SHALL BE EXEMPT FROM THE REQUIREMENTS OF TITLE FIVE-A OF ARTICLE NINE OF THIS CHAPTER. RENEWABLE ENERGY GENERATING PROJECTS DEVELOPED BY OR FOR THE AUTHORITY THAT MEET ELIGIBILITY CRITERIA UNDER STATE PROGRAMS ADMINISTERED BY THE PUBLIC SERVICE COMMISSION AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL BE ENTITLED TO RECEIVE RENEWABLE ENERGY CERTIFICATES IN ACCORDANCE WITH SUCH PROGRAMS. (B) THE AUTHORITY SHALL PERIODICALLY CONFER WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE OFFICE OF RENEWABLE ENER- GY SITING, AND THE DEPARTMENT OF PUBLIC SERVICE, CONCERNING THE STATE'S PROGRESS ON MEETING THE RENEWABLE ENERGY TARGETS ESTABLISHED BY THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT TO HELP INFORM ITS EXER- CISE OF THE AUTHORITY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION. IN EXERCISING THE AUTHORITY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDI- VISION, THE AUTHORITY IS ENCOURAGED TO CONSIDER THE USE OF PUBLIC-PRI- VATE PARTNERSHIPS TO THE EXTENT THE AUTHORITY DETERMINES THAT SUCH COLLABORATIONS WILL PROVIDE BENEFITS TO THE STATE OR MITIGATE FINANCIAL RISKS TO THE AUTHORITY. (C) NOTWITHSTANDING SECTION TWENTY-EIGHT HUNDRED TWENTY-SEVEN-A OF THIS CHAPTER, THE AUTHORITY SHALL HAVE THE RIGHT, EITHER ALONE OR WITH ONE OR MORE OTHER ENTITIES, TO FORM SUBSIDIARY CORPORATIONS, AND FORM OR ACQUIRE INTERESTS IN "SPECIAL PURPOSE ENTITIES" INCLUDING, BUT NOT LIMITED TO, BUSINESS CORPORATIONS, NOT-FOR-PROFIT CORPORATIONS, LIMITED LIABILITY COMPANIES, OR OTHER SPECIAL PURPOSE ENTITIES OR VENTURES, AND TRANSFER INTERESTS IN SUBSIDIARIES AND SPECIAL PURPOSE ENTITIES, FOR THE PURPOSE OF UNDERTAKING THE ACTIONS AUTHORIZED BY PARAGRAPH (A) OF THIS SUBDIVISION AND FACILITATING THE DEVELOPMENT OF TRANSMISSION FACILITIES S. 4008 145 A. 3008 AS AUTHORIZED BY THIS TITLE. THE AUTHORITY MAY BY RESOLUTION DIRECT ANY OF ITS TRUSTEES, OFFICERS, OR EMPLOYEES TO ORGANIZE SUBSIDIARY CORPO- RATIONS AND SPECIAL PURPOSE ENTITIES PURSUANT TO THE BUSINESS CORPO- RATION LAW, NOT-FOR-PROFIT CORPORATION LAW, OR LIMITED LIABILITY COMPANY LAW. ANY SUCH RESOLUTION SHALL PRESCRIBE THE PURPOSES FOR WHICH ANY SUCH ENTITY IS TO BE FORMED. (D) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE AUTHORITY MAY TRANSFER TO AND RECEIVE FROM ANY SUBSIDIARY OR SPECIAL PURPOSE ENTITY ANY CONSIDERATION, MONEYS, REAL OR PERSONAL OR MIXED PROPERTY, CONTRAC- TUAL AND OTHER RIGHTS, OR ANY PROJECT, DEEMED APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION. EACH SUBSIDIARY OR SPECIAL PURPOSE ENTITY FORMED BY THE AUTHORITY SHALL HAVE ALL THE PRIVILEGES, IMMUNITIES AND EXEMPTIONS OF THE AUTHORITY TO THE EXTENT THE SAME ARE NOT INCON- SISTENT WITH THE STATUTE OR STATUTES PURSUANT TO WHICH SUCH SUBSIDIARY OR SPECIAL PURPOSE ENTITY WAS FORMED. (E) THE SOURCE OF ANY FINANCING AND/OR LOANS FOR ANY OF THE ACTIONS AUTHORIZED IN THIS SUBDIVISION MAY INCLUDE: (I) THE PROCEEDS OF NOTES ISSUED PURSUANT TO SECTION ONE THOUSAND NINE-A OF THIS TITLE; (II) THE PROCEEDS OF BONDS ISSUED PURSUANT TO SECTION ONE THOUSAND TEN OF THIS TITLE; (III) OTHER FUNDS MADE AVAILABLE BY THE AUTHORITY FOR SUCH PURPOSES; OR (IV) ANY OTHER FUNDS MADE AVAILABLE TO THE AUTHORITY FROM NON-AUTHORITY SOURCES. (F) THE AUTHORITY IS AUTHORIZED TO SELL RENEWABLE POWER, ENERGY, ANCILLARY SERVICES AND/OR RENEWABLE ENERGY CREDITS OR ATTRIBUTES ASSOCI- ATED WITH ANY RENEWABLE ENERGY GENERATING PROJECT AUTHORIZED BY THIS SUBDIVISION AND DEVELOPED AFTER ITS EFFECTIVE DATE AS FOLLOWS: (I) TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, INCLUDING FOR THE PURPOSE OF SUPPORTING THE GREENHOUSE GAS EMISSION REDUCTION GOALS IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT AS WELL AS OTHER STATE ENERGY POLICIES, THROUGH PARTICIPATION IN PROGRAMS ADMINISTERED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP- MENT AUTHORITY OR FOR SUCH OTHER PURPOSES AS THE AUTHORITY AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY MAY AGREE; (II) INTO MARKETS OPERATED BY THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR FOR NEW YORK STATE; (III) TO ANY LOAD SERVING ENTITY IN THE STATE, INCLUDING THE LONG ISLAND POWER AUTHORITY (DIRECTLY, OR THROUGH ITS SERVICE PROVIDER, AS APPROPRIATE), INCLUDING BUT NOT LIMITED TO THE PURPOSE OF PROVIDING BILL CREDITS TO END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE ENERGY SYSTEMS AS PROVIDED FOR IN SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION; (IV) TO MANUFACTURERS OF GREEN HYDROGEN AND OTHER NEW TECHNOLOGIES THAT ARE INTENDED IN WHOLE OR PART TO DISPLACE FOSSIL FUEL USE IN THE STATE FOR USE AT FACILITIES LOCATED IN THE STATE; (V) TO ANY PUBLIC ENTITY OR AUTHORITY CUSTOMER; (VI) TO COMMUNITY DISTRIBUTED GENERATION PROVIDERS, ENERGY AGGREGATORS AND SIMILAR ENTITIES FOR THE BENEFIT OF SUBSCRIBERS TO COMMUNITY DISTRIBUTED GENERATION PROJECTS, INCLUDING END-USE ELECTRICITY CONSUMERS LOCATED IN DISADVANTAGED COMMUNITIES; AND (VII) TO ANY CCA COMMUNITY. (G) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED IN THIS PARAGRAPH UNLESS THE CONTEXT INDICATES ANOTHER MEANING OR INTENT: (I) "AUTHORITY CUSTOMER" MEANS AN ENTITY LOCATED IN THE STATE TO WHICH THE AUTHORITY SELLS OR IS UNDER CONTRACT TO SELL POWER OR ENERGY UNDER THE AUTHORITY IN THIS TITLE OR ANY OTHER LAW. S. 4008 146 A. 3008 (II) "CCA COMMUNITY" MEANS ONE OR MORE MUNICIPAL CORPORATIONS LOCATED WITHIN THE STATE THAT HAVE PROVIDED FOR THE PURCHASE OF POWER, ENERGY, OR RENEWABLE ENERGY CREDITS OR OTHER ATTRIBUTES UNDER A CCA PROGRAM. (III) "CCA PROGRAM" MEANS A COMMUNITY CHOICE AGGREGATION PROGRAM APPROVED BY THE PUBLIC SERVICE COMMISSION. (IV) "DISADVANTAGED COMMUNITIES" HAS THE MEANING ASCRIBED TO THAT TERM BY SUBDIVISION FIVE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. (V) "PUBLIC ENTITY" HAS THE SAME MEANING AS IN SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF SUBDIVISION SEVENTEEN OF THIS SECTION. (VI) "RENEWABLE ENERGY GENERATING PROJECT" OR "PROJECT" MEANS: (A) FACILITIES THAT GENERATE POWER AND ENERGY BY MEANS OF A RENEWABLE ENERGY RESOURCE; (B) FACILITIES THAT STORE AND DISCHARGE POWER AND ENERGY; AND (C) TRANSMISSION AND OTHER INFRASTRUCTURE THAT SUPPORTS OR FACILITATES THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY FROM RENEWABLE ENERGY GENERATING PROJECTS TO DELIVERY POINTS WITHIN THE STATE OF NEW YORK. (VII) "RENEWABLE ENERGY RESOURCE" MEANS SOLAR POWER, WIND POWER, HYDROELECTRIC, GREEN HYDROGEN, AND ANY OTHER GENERATION RESOURCE AUTHOR- IZED BY ANY RENEWABLE ENERGY STANDARD ADOPTED BY THE STATE FOR THE PURPOSE OF IMPLEMENTING ANY STATE CLEAN ENERGY STANDARD. (H) THE AUTHORITY SHALL COMPLETE AND SUBMIT A REPORT, ON OR BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER, TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESI- DENT OF THE SENATE, AND SHALL POST SUCH REPORT ON THE AUTHORITY'S WEBSITE SUCH THAT THE REPORT IS ACCESSIBLE FOR PUBLIC REVIEW. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) A DESCRIPTION OF THE RENEWABLE ENERGY PROJECTS THE AUTHORITY HAS PLANNED, DESIGNED, DEVELOPED, FINANCED, OR CONSTRUCTED AND THAT IT OWNS, OPERATES, MAINTAINS OR IMPROVES, ALONE OR JOINTLY WITH OTHER ENTITIES, UNDER THE AUTHORITY OF THIS SUBDIVISION; (II) A DESCRIPTION OF THE ACQUISITION, LEASE OR OTHER DISPOSITION OF INTERESTS IN RENEWABLE ENERGY GENERATING PROJECTS BY THE AUTHORITY UNDER THIS SUBDIVISION; (III) A LISTING OF ALL POWER, ENERGY, ANCILLARY SERVICES AND RELATED CREDITS AND ATTRIBUTES SOLD OR PURCHASED BY THE AUTHORITY FROM SUCH PROJECTS; (IV) A LISTING OF THE ENTITIES TO WHICH THE AUTHORITY HAS SUPPLIED, ALLOCATED OR SOLD ANY POWER, ENERGY, ANCILLARY SERVICES OR RELATED CRED- ITS OR ATTRIBUTES FROM SUCH PROJECTS; AND (V) A LISTING AND DESCRIPTION OF ALL SUBSIDIARIES AND SPECIAL PURPOSE ENTITIES THAT THE AUTHORITY FORMED, OR IN WHICH THE AUTHORITY ACQUIRED OR TRANSFERRED INTERESTS. § 2. Section 1005 of the public authorities law is amended by adding a new subdivision 27-b to read as follows: 27-B. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOW- ING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (I) "BILL CREDIT" MEANS A MONTHLY MONETARY CREDIT AS DETERMINED BY THE PUBLIC SERVICE COMMISSION TO THE UTILITY BILL OF AN END-USE ELECTRICITY CONSUMER LOCATED IN A DISADVANTAGED COMMUNITY, INCLUDING A LOW AND MODERATE INCOME CONSUMER, FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE ENERGY SYSTEMS DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE POWER AUTHORITY OF THE STATE OF NEW YORK AND INJECTED INTO A DISTRIB- UTION OR TRANSMISSION FACILITY AT ONE OR MORE POINTS IN NEW YORK STATE, TOGETHER WITH ANY ENHANCED INCENTIVE PAYMENTS FOR A COMMUNITY DISTRIB- UTED GENERATION PROJECT SERVING A DISADVANTAGED COMMUNITY PROVIDED FOR S. 4008 147 A. 3008 IN PARAGRAPH (B) OF SUBDIVISION SEVEN OF SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, TOGETHER WITH ANY OTHER FUNDING MADE AVAILABLE BY THE AUTHORITY FOR SUCH PURPOSES; (II) "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY DEFINED AS A DISAD- VANTAGED COMMUNITY IN ACCORDANCE WITH ARTICLE SEVENTY-FIVE OF THE ENVI- RONMENTAL CONSERVATION LAW; (III) "JURISDICTIONAL LOAD SERVING ENTITY" HAS THE SAME MEANING AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW; (IV) "RENEWABLE ENERGY" MEANS ELECTRICAL ENERGY PRODUCED BY A RENEWA- BLE ENERGY SYSTEM; AND (V) "RENEWABLE ENERGY SYSTEMS" HAS THE SAME MEANING AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW. (B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED TO ESTABLISH A PROGRAM, TO BE KNOWN AS THE "RENEWABLE ENERGY ACCESS AND COMMUNITY HELP PROGRAM" OR "REACH", THAT WILL ENABLE END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES, INCLUDING SUCH END- USE ELECTRICITY CUSTOMERS WHO RESIDE IN BUILDINGS THAT HAVE ON-SITE NET-METERED GENERATION OR WHO PARTICIPATE IN A COMMUNITY CHOICE AGGRE- GATION OR COMMUNITY DISTRIBUTED GENERATION PROJECT, UNLESS THEY OPT OUT OF REACH, TO RECEIVE BILL CREDITS GENERATED BY THE PRODUCTION OF RENEWA- BLE ENERGY BY A RENEWABLE ENERGY SYSTEM DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE AUTHORITY. SUCH BILL CREDITS SHALL BE IN ADDI- TION TO ANY OTHER RENEWABLE ENERGY PROGRAM OR ANY OTHER PROGRAM OR BENE- FIT THAT END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES RECEIVE. FOR PURPOSES OF THIS SUBDIVISION, A RENEWABLE ENERGY SYSTEM DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE AUTHORITY SHALL BE: (I) SIZED UP TO AND INCLUDING FIVE MEGAWATTS ALTERNATING CURRENT AND INTERCONNECTED TO THE DISTRIBUTION SYSTEM OR TRANSMISSION SYSTEM IN THE SERVICE TERRITORY OF THE ELECTRIC UTILITY THAT SERVES THE END-USE ELEC- TRICITY CONSUMERS THAT RECEIVE BILL CREDITS; OR (II) SIZED ABOVE FIVE MEGAWATTS ALTERNATING CURRENT AND INTERCONNECTED TO THE TRANSMISSION SYSTEM AT ONE OR MORE POINTS ANYWHERE WITHIN THE STATE. (C) FOR PURPOSES OF IMPLEMENTING REACH, THE AUTHORITY IS AUTHORIZED TO: (I) DEVELOP, CONSTRUCT, OWN, AND/OR OPERATE RENEWABLE ENERGY SYSTEMS AND RELATED ENERGY FACILITIES, INCLUDING ENERGY STORAGE FACILITIES; (II) CONTRACT FOR THE DEVELOPMENT, CONSTRUCTION AND/OR OPERATION OF RENEWABLE ENERGY SYSTEMS; (III) GENERATE AND STORE RENEWABLE ENERGY, AND INJECT ENERGY, FROM RENEWABLE ENERGY SYSTEMS INTO TRANSMISSION OR DISTRIBUTION SYSTEMS AT ONE OR MORE POINTS IN THE STATE; (IV) SELL, PURCHASE, AND OTHERWISE CONTRACT REGARDING RENEWABLE ENER- GY, RENEWABLE ENERGY CREDITS OR ATTRIBUTES AND OTHER ENERGY PRODUCTS AND SERVICES GENERATED BY RENEWABLE ENERGY SYSTEMS; AND (V) ENTER INTO CONTRACTS FOR PURPOSES OF IMPLEMENTING REACH, INCLUDING BUT NOT LIMITED TO AGREEMENTS WITH DEVELOPERS, OWNERS AND OPERATORS OF RENEWABLE ENERGY SYSTEMS, AND AGREEMENTS WITH JURISDICTIONAL LOAD SERV- ING ENTITIES AND THE LONG ISLAND POWER AUTHORITY, OR ITS SERVICE PROVID- ER, TO PROVIDE FOR BILL CREDITS TO END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE ENERGY SYSTEMS, UPON TERMS AND CONDITIONS APPROVED BY THE PUBLIC SERVICE COMMISSION PURSUANT TO SUBDIVISIONS SEVEN AND EIGHT OF SECTION SIXTY- SIX-P OF THE PUBLIC SERVICE LAW. S. 4008 148 A. 3008 (D) THE AUTHORITY SHALL COMPLETE AND SUBMIT A REPORT, ON OR BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER, TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, AND THE MINORITY LEADER OF THE SENATE WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) CONTRACTS ENTERED INTO BY THE AUTHORITY FOR THE DEVELOPMENT, CONSTRUCTION AND/OR OPERATION OF RENEWABLE ENERGY SYSTEMS THAT ARE INTENDED IN WHOLE OR IN PART TO SUPPORT REACH, AND THE PLANNED LOCATION OF SUCH PROJECTS; (II) RENEWABLE ENERGY SYSTEMS THAT ARE BEING PLANNED AND DEVELOPED OR THAT HAVE BEEN DEVELOPED BY OR FOR THE AUTHORITY THAT ARE INTENDED IN WHOLE OR IN PART TO SUPPORT REACH, AND THE LOCATION OF SUCH PROJECTS; (III) AN ESTIMATE OF THE AGGREGATE AMOUNT OF BILL CREDITS PROVIDED TO END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES UNDER REACH; AND (IV) AN ESTIMATE OF: (A) THE TOTAL AMOUNT OF REVENUES GENERATED FROM THE SALE OF RENEWABLE CAPACITY, ENERGY, RENEWABLE CREDITS OR ATTRIBUTES, RELATED ANCILLARY SERVICES THAT ARE USED TO FUND BILL CREDITS; AND (B) ANY OTHER AUTHORITY FUNDS, AS DETERMINED TO BE FEASIBLE AND ADVISABLE BY THE TRUSTEES, THE AUTHORITY HAS CONTRIBUTED FOR THE PURPOSE OF FUNDING BILL CREDITS UNDER REACH. (E) THE AUTHORITY MAY REQUEST FROM ANY DEPARTMENT, DIVISION, OFFICE, COMMISSION OR OTHER AGENCY OF THE STATE OR STATE PUBLIC AUTHORITY, AND THE SAME ARE AUTHORIZED TO PROVIDE, SUCH ASSISTANCE, SERVICES AND DATA AS MAY BE REQUIRED BY THE AUTHORITY IN CARRYING OUT THE PURPOSES OF THIS SUBDIVISION. § 3. Subdivision 1 of section 66-p of the public service law, as added by chapter 106 of the laws of 2019, is amended to read as follows: 1. As used in this section: (a) "jurisdictional load serving entity" means any entity subject to the jurisdiction of the commission that secures energy to serve the electrical energy requirements of end-use customers in New York state[;]. (b) "renewable energy systems" means systems that generate electricity or thermal energy through use of the following technologies: solar ther- mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, and fuel cells which do not utilize a fossil fuel resource in the process of generating electricity. (C) "BILL CREDIT" SHALL HAVE THE SAME MEANING AS IN SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION TWENTY-SEVEN-B OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW. (D) "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY DEFINED AS A DISADVAN- TAGED COMMUNITY UNDER ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSER- VATION LAW. (E) "RENEWABLE ENERGY" MEANS ELECTRICAL ENERGY PRODUCED BY A RENEWABLE ENERGY SYSTEM. § 4. Section 66-p of the public service law is amended by adding a new subdivision 8 to read as follows: 8. THE COMMISSION SHALL, NO LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, COMMENCE NECESSARY PROCEEDINGS TO ENABLE THE POWER AUTHORITY OF THE STATE OF NEW YORK TO PROVIDE BILL CREDITS FROM RENEWABLE ENERGY SYSTEMS UNDER THE RENEWABLE ENERGY ACCESS AND COMMUNITY HELP PROGRAM, OR "REACH", ESTABLISHED PURSUANT TO SUBDIVI- SION TWENTY-SEVEN-B OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORI- TIES LAW, TO END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES S. 4008 149 A. 3008 FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE ENERGY SYSTEMS DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE POWER AUTHORITY OF THE STATE OF NEW YORK. SUCH BILL CREDITS SHALL BE IN ADDITION TO ANY OTHER RENEWABLE ENERGY PROGRAM OR ANY OTHER PROGRAM OR BENEFIT THAT END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES RECEIVE, AND ANY OTHER INCENTIVES MADE AVAILABLE BY THE POWER AUTHORITY OF THE STATE OF NEW YORK. FOR PURPOSES OF THIS SUBDIVISION, A RENEWABLE ENERGY SYSTEM DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE AUTHORITY SHALL BE: (A) SIZED UP TO AND INCLUDING FIVE MEGAWATTS ALTERNATING CURRENT AND INTERCONNECTED TO THE DISTRIBUTION SYSTEM OR TRANSMISSION SYSTEM IN THE SERVICE TERRITORY OF THE ELECTRIC UTILITY THAT SERVES THE END-USE CONSUMERS THAT RECEIVE BILL CREDITS; OR (B) SIZED ABOVE FIVE MEGAWATTS ALTERNATING CURRENT AND INTERCONNECTED TO THE TRANSMISSION SYSTEM AT ONE OR MORE POINTS ANYWHERE IN NEW YORK STATE. THE COMMISSION SHALL, AFTER PUBLIC NOTICE AND COMMENT UNDER THE STATE ADMINISTRATIVE PROCEDURE ACT, ESTABLISH SUCH PROGRAMS IMPLEMENTING REACH WHICH: (I) PROVIDE THAT JURISDICTIONAL LOAD SERVING ENTITIES SHALL ENTER INTO AGREEMENTS WITH THE POWER AUTHORITY OF THE STATE OF NEW YORK TO CARRY OUT REACH; (II) PROVIDE THAT JURISDICTIONAL LOAD SERVING ENTITIES SHALL FILE TARIFFS AND OTHER SOLUTIONS DETERMINED BY THE COMMISSION TO IMPLEMENT REACH AT A REASONABLE COST WHILE ENSURING SAFE AND RELIABLE ELECTRIC SERVICE; (III) PROVIDE THAT, UNLESS THEY OPT OUT, END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES, INCLUDING SUCH END-USE ELECTRICITY CUSTOM- ERS WHO HAVE OR WHO RESIDE IN BUILDINGS THAT HAVE ON-SITE NET-METERED GENERATION OR WHO PARTICIPATE IN A COMMUNITY CHOICE AGGREGATION OR COMMUNITY DISTRIBUTED GENERATION PROJECT, SHALL RECEIVE BILL CREDITS FOR RENEWABLE ENERGY PRODUCED BY A RENEWABLE ENERGY SYSTEM DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE POWER AUTHORITY OF THE STATE OF NEW YORK; (IV) CONSIDER ENHANCED INCENTIVE PAYMENTS IN BILL CREDITS TO END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES FOR RENEWABLE ENERGY SYSTEMS INCLUDING SOLAR AND COMMUNITY DISTRIBUTED GENERATION PROJECTS AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION; (V) TO THE EXTENT PRACTICABLE INCLUDE ENERGY STORAGE IN RENEWABLE ENERGY SYSTEMS TO DELIVER CLEAN ENERGY BENEFITS TO END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES AS PROVIDED FOR IN PARAGRAPHS (A) AND (B) OF SUBDIVISION SEVEN OF THIS SECTION; AND (VI) ADDRESS RECOVERY BY JURISDICTIONAL LOAD SERVING ENTITIES OF THEIR PRUDENTLY INCURRED COSTS OF ADMINISTERING REACH IN ELECTRIC SERVICE DELIVERY RATES OF THE UTILITY IN WHOSE SERVICE TERRITORY END-USE ELEC- TRICITY CONSUMERS IN A DISADVANTAGED COMMUNITY PARTICIPATE IN REACH. § 5. Section 1005 of the public authorities law is amended by adding a new subdivision 27-c to read as follows: 27-C. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL PUBLISH A PLAN PROVIDING FOR THE PROPOSED PHASE OUT, BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-FIVE, OF THE PRODUCTION OF ELECTRIC ENERGY FROM ITS SMALL NATURAL GAS POWER PLANTS SHOULD THE AUTHORITY DETERMINE THAT SUCH PLANTS OR THE ELECTRICITY PRODUCTION THER- EFROM ARE NOT NEEDED FOR ANY OF FOLLOWING PURPOSES: (I) EMERGENCY POWER SERVICE; OR (II) ELECTRIC SYSTEM RELIABILITY, INCLUDING BUT NOT LIMITED TO, OPERATING FACILITIES TO MAINTAIN POWER SYSTEM REQUIREMENTS FOR FACILITY THERMAL LIMITS, VOLTAGE LIMITS, FREQUENCY LIMITS, FAULT CURRENT S. 4008 150 A. 3008 DUTY LIMITS, OR DYNAMIC STABILITY LIMITS, IN ACCORDANCE WITH THE SYSTEM RELIABILITY STANDARDS OF THE NORTH AMERICAN ELECTRIC RELIABILITY CORPO- RATION, CRITERIA OF THE NORTHEAST POWER COORDINATING COUNCIL, RULES OF THE NEW YORK STATE RELIABILITY COUNCIL, AND AS APPLICABLE, RELIABILITY RULES OF THE UTILITY IN WHOSE SERVICE TERRITORY A SMALL NATURAL GAS POWER PLANT IS LOCATED. NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARAGRAPH, THE AUTHORITY MAY CONTINUE TO PRODUCE ELECTRIC ENERGY AT ANY OF THE SMALL NATURAL GAS POWER PLANTS IF EXISTING OR PROPOSED REPLACE- MENT GENERATION RESOURCES WOULD RESULT IN A NET INCREASE OF EMISSIONS OF CARBON DIOXIDE WITHIN OR OUTSIDE NEW YORK STATE. (B) IN DETERMINING WHETHER TO CEASE ELECTRICITY PRODUCTION FROM ANY SMALL NATURAL GAS POWER PLANT, THE AUTHORITY IS AUTHORIZED TO CONFER WITH THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR FOR THE STATE, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF PUBLIC SERVICE, AND THE DISTRIBUTION UTILITY IN WHOSE SERVICE TERRITORY SUCH SMALL NATURAL GAS POWER PLANT OPERATES, IN ADDI- TION TO SUCH OTHER STAKEHOLDERS AS THE AUTHORITY DETERMINES TO BE APPRO- PRIATE. (C) NOTHING IN THIS SUBDIVISION IS INTENDED TO, NOR SHALL BE CONSTRUED TO, PROHIBIT THE AUTHORITY IN ITS DISCRETION FROM USING, OR PERMITTING THE USE OF, INCLUDING THROUGH LEASE, SALE, OR, OTHER ARRANGEMENT, ANY SMALL NATURAL GAS POWER PLANT OR ITS SITE OR ASSOCIATED INFRASTRUCTURE IN WHOLE OR IN PART FOR ELECTRIC SYSTEM PURPOSES THAT DOES NOT INVOLVE THE COMBUSTION OF FOSSIL FUELS, INCLUDING, BUT NOT LIMITED TO PROVIDING SYSTEM VOLTAGE SUPPORT, ENERGY STORAGE, INTERCONNECTION OF EXISTING OR NEW RENEWABLE GENERATION, OR THE USE OF THE GENERATOR STEP UP TRANSFOR- MERS AND SUBSTATIONS FOR TRANSMISSION OR DISTRIBUTION PURPOSES. (D) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "SMALL NATURAL GAS POWER PLANT" MEANS EACH OF THE SEVEN ELECTRIC GENERATING POWER PLANTS OWNED AND OPERATED BY THE AUTHORITY LOCATED AT SIX SITES IN BRONX, BROOKLYN, QUEENS AND STATEN ISLAND AND ONE SITE IN BRENTWOOD, SUFFOLK COUNTY, WHICH EACH USE ONE OR MORE SIMPLE CYCLE COMBUSTION TURBINE UNITS, TOTALING ELEVEN UNITS, FUELED BY NATURAL GAS AND WHICH TYPICALLY OPERATE DURING PERIODS OF PEAK ELECTRIC SYSTEM DEMAND. § 6. Section 1020-f of the public authorities law, as added by chapter 517 of the laws of 1986, is amended by adding a new subdivision (jj) to read as follows: (JJ) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO ENTER INTO CONTRACTS WITH THE POWER AUTHORITY OF THE STATE OF NEW YORK FOR THE PROVISION OF BILL CRED- ITS GENERATED BY THE PRODUCTION OF RENEWABLE ENERGY BY A RENEWABLE ENER- GY SYSTEM DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE POWER AUTHORITY OF THE STATE OF NEW YORK UNDER THE RENEWABLE ENERGY ACCESS AND COMMUNITY HELP PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-SEV- EN-B OF SECTION ONE THOUSAND FIVE OF THIS ARTICLE AND, UNLESS SUCH END- USE ELECTRICITY CONSUMERS OPT OUT, TO PROVIDE SUCH BILL CREDITS TO END- USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES, INCLUDING SUCH END-USE ELECTRICITY CUSTOMERS WHO HAVE OR WHO RESIDE IN BUILDINGS THAT HAVE ON-SITE NET-METERED GENERATION OR WHO PARTICIPATE IN A COMMUNITY CHOICE AGGREGATION OR COMMUNITY DISTRIBUTED GENERATION PROJECT. § 7. Section 1005 of the public authorities law is amended by adding a new subdivision 27-d to read as follows: 27-D. THE AUTHORITY IS AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO MAKE AVAILABLE AN AMOUNT UP TO TWENTY-FIVE MILLION DOLLARS ANNUALLY TO FUND TRAINING PROGRAMS TO HELP PREPARE WORKERS FOR EMPLOYMENT IN THE RENEWABLE ENERGY FIELD. THE AUTHORITY SHALL COORDI- S. 4008 151 A. 3008 NATE WITH THE DEPARTMENT OF LABOR AND THE NEW YORK STATE ENERGY AND RESEARCH DEVELOPMENT AUTHORITY ON INITIATIVES TO HELP PREPARE WORKERS FOR EMPLOYMENT IN THE RENEWABLE ENERGY FIELD AND TO MAXIMIZE THE IMPACT OF AUTHORITY RESOURCES MADE AVAILABLE PURSUANT TO THIS SUBDIVISION. § 8. Paragraph (a) and subparagraph 1 of paragraph (b) of subdivision 13-b of section 1005 of the public authorities law, added by section 4 of part CC of chapter 60 of the laws of 2011, are amended to read as follows: (a) Residential consumer electricity cost discount. Notwithstanding any provision of this title or article six of the economic development law to the contrary, the authority is authorized, as deemed feasible and advisable by the trustees, to use revenues from the sale of hydroelec- tric power, and such other funds of the authority as deemed feasible and advisable by the trustees, to fund monthly payments to be made for the benefit of such classes of electricity consumers as enjoyed the benefits of authority hydroelectric power withdrawn pursuant to subdivision thir- teen-a of this section, for the purpose of mitigating price impacts associated with the reallocation of such power in the manner described in this subdivision. Such monthly payments shall commence after such hydroelectric power is withdrawn AND SHALL CEASE AUGUST FIRST, TWO THOU- SAND TWENTY-THREE. The total annual amount of monthly payments for each of the three twelve month periods following withdrawal of such [hyrdoe- lectric] HYDROELECTRIC power shall be one hundred million dollars. The total annual amount of monthly payments for each of the two subsequent twelve month periods shall be seventy million dollars and fifty million dollars, respectively. Thereafter, the total annual amount of monthly payments for each twelve month period THROUGH THE FINAL PERIOD ENDING AUGUST FIRST, TWO THOUSAND TWENTY-THREE shall be thirty million dollars. The total amount of monthly payments shall be apportioned by the author- ity among the utility corporations that, prior to the effective date of this subdivision, purchased such hydroelectric power for the benefit of their domestic and rural consumers according to the relative amounts of such power purchased by such corporations. The monthly payments shall be credited to the electricity bills of such corporations' domestic and rural consumers in a manner to be determined by the public service commission of the state of New York. The monthly credit provided by any such corporation to any one consumer shall not exceed the total monthly electric utility cost incurred by such consumer. (1) Beginning with the second twelve month period after such hydro- electric power is withdrawn, up to eight million dollars of the residen- tial consumer electricity cost discount established by paragraph (a) of this subdivision shall be dedicated for monthly payments to agricultural producers who receive electric service at the residential rate, PROVIDED THAT IN THE FINAL TWELVE MONTH PERIOD ENDING AUGUST FIRST, TWO THOUSAND TWENTY-THREE, THE AMOUNT DEDICATED FOR AGRICULTURAL PRODUCERS SHALL NOT EXCEED TWENTY PERCENT OF THE AMOUNT MADE AVAILABLE FOR THE OVERALL RESI- DENTIAL CONSUMER ELECTRICITY COST DISCOUNT. The total amount of monthly payments shall be apportioned by the authority among the utility corpo- rations in the same manner as they are apportioned in paragraph (a) of this subdivision. Monthly payments shall be credited to the electricity bills of such corporations' agricultural consumers in a manner to be determined by the public service commission of the state of New York. The combined monthly credit, under this paragraph and paragraph (a) of this subdivision, provided by any such corporation to any one consumer shall not exceed the total monthly electric utility cost incurred by such consumer. S. 4008 152 A. 3008 § 9. Subdivision 13-b of section 1005 of the public authorities law, as added by section 4 of part CC of chapter 60 of the laws of 2011, paragraph (a) and subparagraph 1 of paragraph (b) as amended by section 8 of this act, is amended to read as follows: 13-b. [Residential consumer discount programs. (a) Residential consum- er electricity cost discount. Notwithstanding any provision of this title or article six of the economic development law to the contrary, the authority is authorized, as deemed feasible and advisable by the trustees, to use revenues from the sale of hydroelectric power, and such other funds of the authority as deemed feasible and advisable by the trustees, to fund monthly payments to be made for the benefit of such classes of electricity consumers as enjoyed the benefits of authority hydroelectric power withdrawn pursuant to subdivision thirteen-a of this section, for the purpose of mitigating price impacts associated with the reallocation of such power in the manner described in this subdivision. Such monthly payments shall commence after such hydroelectric power is withdrawn and shall cease August first, two thousand twenty-three. The total annual amount of monthly payments for each of the three twelve month periods following withdrawal of such hydroelectric power shall be one hundred million dollars. The total annual amount of monthly payments for each of the two subsequent twelve month periods shall be seventy million dollars and fifty million dollars, respectively. Thereafter, the total annual amount of monthly payments for each twelve month period through the final period ending August first, two thousand twenty-three shall be thirty million dollars. The total amount of monthly payments shall be apportioned by the authority among the utility corporations that, prior to the effective date of this subdivision, purchased such hydroelectric power for the benefit of their domestic and rural consum- ers according to the relative amounts of such power purchased by such corporations. The monthly payments shall be credited to the electricity bills of such corporations' domestic and rural consumers in a manner to be determined by the public service commission of the state of New York. The monthly credit provided by any such corporation to any one consumer shall not exceed the total monthly electric utility cost incurred by such consumer. (b)] Agricultural consumer electricity cost discount. (1) [Beginning with the second twelve month period after such hydroelectric power is withdrawn, up to eight million dollars of the residential consumer elec- tricity cost discount established by paragraph (a) of this subdivision shall be dedicated for monthly payments to agricultural producers who receive electric service at the residential rate, provided that in the final twelve month period ending August first, two thousand twenty- three, the amount dedicated for agricultural producers shall not exceed twenty percent of the amount made available for the overall residential consumer electricity cost discount. The total amount of monthly payments shall be apportioned by the authority among the utility corporations in the same manner as they are apportioned in paragraph (a) of this subdi- vision. Monthly payments shall be credited to the electricity bills of such corporations' agricultural consumers in a manner to be determined by the public service commission of the state of New York. The combined monthly credit, under this paragraph and paragraph (a) of this subdivi- sion, provided by any such corporation to any one consumer shall not exceed the total monthly electric utility cost incurred by such consum- er.] NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED, BEGINNING IN TWO THOUSAND TWENTY-FOUR, AS DEEMED FEASIBLE AND ADVISABLE S. 4008 153 A. 3008 BY THE TRUSTEES, TO USE REVENUES FROM THE SALE OF HYDROELECTRIC POWER, AND SUCH OTHER FUNDS OF THE AUTHORITY AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO FUND MONTHLY PAYMENTS TO BE MADE FOR THE BENEFIT OF AGRICULTURAL PRODUCERS WHO RECEIVE ELECTRIC SERVICE AT THE RESIDENTIAL RATE WHO ENJOYED THE BENEFITS OF AUTHORITY HYDROELECTRIC POWER WITHDRAWN PURSUANT TO SUBDIVISION THIRTEEN-A OF THIS SECTION, AND WHO WERE PREVI- OUSLY ELIGIBLE TO RECEIVE BENEFITS UNDER THE AGRICULTURAL CONSUMER ELEC- TRICITY COST DISCOUNT CREATED BY SECTION FOUR OF PART CC OF CHAPTER SIXTY OF THE LAWS OF TWO THOUSAND ELEVEN, FOR THE PURPOSE OF MITIGATING PRICE IMPACTS ASSOCIATED WITH THE REALLOCATION OF SUCH POWER IN THE MANNER DESCRIBED IN THIS SUBDIVISION. SUCH MONTHLY PAYMENTS SHALL COMMENCE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FOUR. THE TOTAL ANNUAL AMOUNT OF MONTHLY PAYMENTS SHALL NOT EXCEED FIVE MILLION DOLLARS. (2) The authority shall work cooperatively with the department of public service to evaluate the agricultural consumer electricity cost discount, which shall include an assessment of the benefits to recipi- ents compared to the benefits the recipients received from the authori- ty's hydroelectric power, withdrawn pursuant to subdivision thirteen-a of this section, during the twelve month period ending December thirty- first, two thousand ten, and compared to other agricultural consumers that did not choose to receive the discount. [(c)] (B) Energy efficiency program. (1) Beginning with the withdrawal of such hydroelectric power, the authority or the New York state energy research and development authority, shall conduct an energy efficiency program for five years to provide energy efficiency improvements for the purpose of reducing energy consumption for domestic and rural consumers. Such energy efficiency program may be undertaken in cooperation with other energy efficiency programs offered by utility corporations, state agencies and authorities including but not limited to the New York state energy research and development authority; provided however that energy savings attributable to such other energy efficiency programs shall not be included in determining the amount of energy saved pursuant to the program established by this paragraph; (2) The authority or the New York state energy research and develop- ment authority shall annually post on their website a report evaluating the energy efficiency program, including but not limited to, the number of domestic and rural consumers who opted to participate in the program and, if practicable, the estimated savings the domestic and rural consumers received by participating in the energy efficiency program. § 10. Subdivision 13-b of section 1005 of the public authorities law is REPEALED. § 11. Nothing in this act is intended to limit, impair, or affect the legal authority of the Power Authority of the State of New York under any other provision of law. § 12. Severability. If any word, phrase, clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the word, phrase, clause, sentence, paragraph, section, or part ther- eof directly involved in the controversy in which such judgment shall have been rendered. § 13. This act shall take effect immediately; provided, however, that section nine of this act shall take effect January 1, 2024; and provided further, however, that section ten of this act shall take effect Decem- ber 31, 2029. S. 4008 154 A. 3008 PART YY Section 1. Section 4 of part LL of chapter 58 of the laws of 2019 amending the public authorities law relating to the provision of renewa- ble power and energy by the Power Authority of the State of New York is amended to read as follows: § 4. This act shall take effect immediately; provided, however, that the provisions of sections two and three of this act shall expire on June 30, [2024] 2044 when upon such date the provisions of such sections shall be deemed repealed, provided that such repeal shall not affect or impair any act done, any right, permit or authorization accrued or acquired, or any liability incurred, prior to the time such repeal takes effect, and provided further that any project or contract that was awarded by the power authority of the state of New York prior to such repeal shall be permitted to continue under this act notwithstanding such repeal. § 2. This act shall take effect immediately. PART ZZ Section 1. Expenditures of moneys by the New York state energy research and development authority for services and expenses of the energy research, development and demonstration program, including grants, the energy policy and planning program, and the Fuel NY program shall be subject to the provisions of this section. Notwithstanding the provisions of subdivision 4-a of section 18-a of the public service law, all moneys committed or expended in an amount not to exceed $28,725,000 shall be reimbursed by assessment against gas corporations, as defined in subdivision 11 of section 2 of the public service law and electric corporations as defined in subdivision 13 of section 2 of the public service law, where such gas corporations and electric corporations have gross revenues from intrastate utility operations in excess of $500,000 in the preceding calendar year, and the total amount assessed shall be allocated to each electric corporation and gas corporation in proportion to its intrastate electricity and gas revenues in the calendar year 2021. Such amounts shall be excluded from the general assessment provisions of subdivision 2 of section 18-a of the public service law. The chair of the public service commission shall bill such gas and/or electric corporations for such amounts on or before August 10, 2023 and such amounts shall be paid to the New York state energy research and development authority on or before September 10, 2023. Upon receipt, the New York state energy research and development authority shall deposit such funds in the energy research and development operating fund established pursuant to section 1859 of the public authorities law. The New York state energy research and development authority is authorized and directed to: (1) transfer up to $4 million to the state general fund for climate change related services and expenses of the department of environmental conservation from the funds received; and (2) commencing in 2016, provide to the chair of the public service commission and the director of the budget and the chairs and secretaries of the legislative fiscal committees, on or before August first of each year, an itemized record, certified by the president and chief executive officer of the authority, or his or her designee, detailing any and all expenditures and commitments ascribable to moneys received as a result of this assessment by the chair of the department of public service pursuant to section 18-a of the public service law. This itemized record shall S. 4008 155 A. 3008 include an itemized breakdown of the programs being funded by this section and the amount committed to each program. The authority shall not commit for any expenditure, any moneys derived from the assessment provided for in this section, until the chair of such authority shall have submitted, and the director of the budget shall have approved, a comprehensive financial plan encompassing all moneys available to and all anticipated commitments and expenditures by such authority from any source for the operations of such authority. Copies of the approved comprehensive financial plan shall be immediately submitted by the chair to the chairs and secretaries of the legislative fiscal committees. Any such amount not committed by such authority to contracts or contracts to be awarded or otherwise expended by the authority during the fiscal year shall be refunded by such authority on a pro-rata basis to such gas and/or electric corporations, in a manner to be determined by the department of public service, and any refund amounts must be explicitly lined out in the itemized record described above. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023. PART AAA Section 1. Legislative findings and declaration. 1. Pursuant to arti- cle 75 of the environmental conservation law, as added by the Climate Leadership and Community Protection Act, the department of environmental conservation must promulgate regulations, by January 1, 2024, to ensure achievement of the statewide greenhouse gas emission limits, as defined and established therein. Among other requirements, the regulations promulgated by such department pursuant to section 75-0109 of the envi- ronmental conservation law must ensure that the aggregate emissions of greenhouse gases from greenhouse gas emission sources will not exceed the statewide greenhouse gas emissions limits established in section 75-0107 of the environmental conservation law; include legally enforcea- ble emissions limits, performance standards, or measures or other requirements to control emissions from greenhouse gas emission sources; and reflect, in substantial part, the findings of the scoping plan prepared by the Climate Action Council pursuant to section 75-0103 of the environmental conservation law. 2. The scoping plan prepared by the Climate Action Council pursuant to section 75-0103 of the environmental conservation law recommends that the department of environmental conservation and the New York state energy research and development authority adopt an economy-wide cap and invest program to, among other purposes, ensure achievement of the statewide greenhouse gas limits, as defined and established in article 75 of the environmental conservation law. 3. An economy-wide cap and invest program, established through regu- lation by the department of environmental conservation and the New York state energy research and development authority, would meet the require- ments of section 75-0109 of the environmental conservation law. 4. While the establishment of an economy-wide cap and invest program through regulation is the most cost-effective means of achieving the statewide greenhouse gas emission limits, as defined and established in article 75 of the environmental conservation law, the state must ensure that energy costs are affordable for all members of the public. 5. To promote affordability, a portion of the proceeds of the auction or sale of allowances under the economy-wide cap and invest program will be designated to mitigate costs through the creation of a climate action S. 4008 156 A. 3008 fund, that will assist in reducing the costs of the program for the people of the state and for industrial small businesses within the state, and which, in combination with other investments made possible by the cap and invest program, help households and industrial small busi- nesses reduce their energy costs by switching to clean energy. 6. In promulgating the regulations, pursuant to section 75-0109 of the environmental conservation law, to establish an economy-wide cap and invest program, the department of environmental conservation in consul- tation with the New York state energy research and development authority will prioritize affordability in the design of the program, including by considering as part of the rulemaking process the aggregate cost of the program when applying the carbon dioxide equivalent and statewide green- house gas emission limit, as those terms are defined in section 75-0101 of the environmental conservation law, and, in addition the aggregate cost of the program if the carbon dioxide equivalent and statewide greenhouse gas limit as defined under internationally accepted best practices or other metrics is applied. 7. To ensure the state maintains its role as a climate leader, the economy-wide cap and invest program will be designed with the capacity to link with other similar programs in other jurisdictions to lower overall costs for the state to achieve the statewide greenhouse gas emission limits, as defined and established in article 75 of the envi- ronmental conservation law, and catalyze additional emissions reductions and greater scale in the clean energy economy across multiple jurisdic- tions. 8. The economy-wide cap and invest program to be established by the department of environmental conservation and the New York state energy research and development authority will be designed to create jobs and preserve the competitiveness of the state's existing businesses, includ- ing creating well-paying, family-sustaining jobs and by recognizing energy intensive and trade exposed industries and designing program elements, such as direct allocation of allowances to qualifying green- house gas emission sources in such industries, to prevent leakage. 9. The economy-wide cap and invest program to be established by the department of environmental conservation and the New York state energy research and development authority will be designed to invest in and, as appropriate, prioritize disadvantaged communities, including by ensuring investments of the proceeds of allowances benefit disadvantaged communi- ties, as required by section 75-0117 of the environmental conservation law, and by designing other program elements to avoid disproportionate burdens on disadvantaged communities. 10. To invest in a sustainable future, the proceeds of the auction or sale of allowances under the economy-wide cap and invest program will provide funding to support programmatic investments designed to achieve the statewide greenhouse gas emission limit, as defined and established in article 75 of the environmental conservation law, delivering benefits across the state and enhancing livability, cutting transition costs for consumers, and creating a better state. § 2. Subdivision 1 of section 75-0101 of the environmental conserva- tion law, as added by chapter 106 of the laws of 2019, is amended and four new subdivisions 16, 17, 18 and 19 are added to read as follows: 1. "Allowance" means an authorization to emit[, during a specified year, up to one ton of carbon dioxide equivalent] A FIXED AMOUNT OF CARBON DIOXIDE EQUIVALENT, AS CREATED AND ISSUED BY THE DEPARTMENT. 16. "CAP AND INVEST PROGRAM" SHALL MEAN THE PROGRAM, AS ESTABLISHED THROUGH REGULATIONS ADOPTED BY THE DEPARTMENT AND THE AUTHORITY, S. 4008 157 A. 3008 CONTAINING MARKET-BASED DECLINING ANNUAL AGGREGATE EMISSIONS LIMITS FOR GREENHOUSE GAS SOURCES OR CATEGORIES OF GREENHOUSE GAS SOURCES, BY SETTING AN OVERALL CAP OR MAXIMUM AMOUNT OF EMISSIONS FROM ALL REGULATED SOURCES PER COMPLIANCE PERIOD; PROVIDED THAT A CERTAIN NUMBER OF ALLOW- ANCES SHALL BE CREATED, ISSUED AND MADE AVAILABLE TO PERSONS, COMPANIES, ORGANIZATIONS OR OTHER ENTITIES FOR SALE BY AUCTION OR BY DIRECT ALLO- CATION; AND PROVIDED FURTHER THAT THE TOTAL NUMBER OF ALLOWANCES MADE AVAILABLE IN A COMPLIANCE PERIOD SHALL NOT EXCEED THE CAP. 17. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA- TION. 18. "AUTHORITY" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. 19. "GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT" SHALL MEAN A GENERAL ACCOUNT TO BE ESTABLISHED BY THE AUTHORITY, INTO WHICH THE DEPARTMENT SHALL ALLOCATE ALLOWANCES. § 3. Subdivision 2 of section 75-0109 of the environmental conserva- tion law is amended by adding two new paragraphs e and f to read as follows: E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UTILIZE SOFTWARE SYSTEMS AND/OR ELECTRONIC MECHANISMS TO ENSURE ADEQUATE DATA COLLECTION AND ASSESS GREENHOUSE GAS EMISSION SOURCES COMPLIANCE WITH REGULATIONS. F. AT THE DISCRETION OF THE DEPARTMENT, GREENHOUSE GAS EMISSION SOURC- ES MAY BE REQUIRED TO SUBMIT COMPLIANCE ITEMS ELECTRONICALLY AND MAIN- TAIN AND UTILIZE ELECTRONIC SIGNATURES FOR VERIFICATION PURPOSES. § 4. Subdivision 1 of section 75-0111 of the environmental conserva- tion law is amended by adding a new paragraph d to read as follows: D. WORKING GROUP MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. § 5. Paragraphs a and b of subdivision 2 of section 75-0111 of the environmental conservation law, as added by chapter 106 of the laws of 2019, are amended to read as follows: a. The [council] WORKING GROUP shall hold at least six regional public hearings on the draft criteria and the draft list of disadvantaged communities, including three meetings in the upstate region and three meetings in the downstate region, and shall allow at least one hundred twenty days for the submission of public comment. b. The [council] WORKING GROUP shall also ensure that there are mean- ingful opportunities for public comment for all segments of the popu- lation that will be impacted by the criteria, including persons living in areas that may be identified as disadvantaged communities under the proposed criteria. § 6. The environmental conservation law is amended by adding a new section 75-0121 to read as follows: § 75-0121. ALLOCATION OF ALLOWANCES. 1. THE DEPARTMENT SHALL TRANSFER ALL OR A PORTION OF ALLOWANCES, AS CREATED AND ISSUED BY THE DEPARTMENT PURSUANT TO THE CAP AND INVEST PROGRAM, TO THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT FOR AUCTION OR SALE THEREOF. 2. ENERGY-INTENSIVE AND TRADE-EXPOSED FACILITIES, AS DETERMINED BY THE DEPARTMENT, MUST RECEIVE AN ALLOCATION OF ALLOWANCES FOR THE COVERED EMISSIONS UNDER A CAP AND INVEST PROGRAM AT NO COST IN A MANNER DETER- MINED BY THE DEPARTMENT. THE DEPARTMENT SHALL ADOPT A REGULATION THAT IDENTIFIES CRITERIA FOR BOTH ENERGY INTENSITY AND TRADE EXPOSURE FOR THE PURPOSE OF IDENTIFYING ENERGY-INTENSIVE AND TRADE-EXPOSED FACILITIES AND S. 4008 158 A. 3008 IDENTIFIES THE PROCEDURE FOR SUCH FACILITIES TO RECEIVE NO COST ALLOW- ANCES. § 7. Section 1854 of the public authorities law is amended by adding three new subdivisions 24, 25 and 26 to read as follows: 24. CLIMATE RISK-RELATED AND ENERGY TRANSITION ACTIVITIES. TO CONDUCT, FOSTER, ASSIST, EVALUATE, AND SUPPORT PROGRAMS AND SERVICES RELATED TO: GREENHOUSE GAS EMISSIONS OR CO-POLLUTANT REDUCTIONS; RESEARCH, ANALYSIS AND SUPPORT OF CLIMATE MITIGATION, ADAPTATION, AND RESILIENCE; OTHER MEASURES AS IDENTIFIED IN THE SCOPING PLAN DEVELOPED PURSUANT TO SECTION 75-0103 OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING WITHOUT LIMITA- TION THOSE MEASURES IDENTIFIED RELATIVE TO A JUST TRANSITION OR WORK- FORCE DEVELOPMENT; OR MEASURES IDENTIFIED IN THE STATE ENERGY PLAN DEVELOPED PURSUANT TO ARTICLE SIX OF THE ENERGY LAW. 25. TO ADMINISTER, IMPLEMENT, AND SUPPORT THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT AS DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, IN SUCH A MANNER THAT ALLOWANCES ALLOCATED TO SUCH ACCOUNT BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, PURSUANT TO REGULATIONS ADOPTED PURSUANT TO SECTION 75-0109 OF THE ENVIRONMENTAL CONSERVATION LAW AND OTHER EXISTING AUTHORITY, WILL BE MADE AVAILABLE FOR AUCTION OR SALE PURSUANT TO THE CAP AND INVEST PROGRAM, AS DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. THE PROCEEDS FROM THE SALE OF ALLOWANCES WILL BE PLACED INTO A SEGREGATED AUTHORITY FUNDING ACCOUNT, ESTABLISHED PURSUANT TO SECTION EIGHTEEN HUNDRED FIFTY-NINE OF THIS TITLE, AND SHALL NOT BE COMMINGLED WITH OTHER AUTHOR- ITY FUNDS. EXCEPT AS OTHERWISE SET FORTH IN THIS TITLE, THE AUTHORITY MAY USE SUCH PROCEEDS FOR ACTIVITIES DEVELOPED IN ACCORDANCE WITH THE CAP AND INVEST PROGRAM, AS DEFINED IN SECTION 75-0101 OF THE ENVIRON- MENTAL CONSERVATION LAW, INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE COSTS, AUCTION DESIGN AND SUPPORT COSTS, AND PROGRAM DESIGN, IMPLEMENTA- TION, EVALUATION, AND SUPPORT COSTS ASSOCIATED WITH SUCH CAP AND INVEST PROGRAM. 26. WITHIN THIRTY DAYS FOLLOWING RECEIPT OF PROCEEDS COLLECTED FROM THE AUCTION OR SALE OF ALLOWANCES ALLOCATED BY THE DEPARTMENT OF ENVI- RONMENTAL CONSERVATION TO THE AUTHORITY, PURSUANT TO REGULATIONS ADOPTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IN RELATION TO SECTION 75-0109 OF THE ENVIRONMENTAL CONSERVATION LAW AND OTHER EXISTING AUTHOR- ITY, THE AUTHORITY SHALL MAKE THE FOLLOWING TRANSFERS FROM SUCH SEGRE- GATED AUTHORITY FUNDING ACCOUNT: (A) NOT LESS THAN THIRTY PERCENT TO THE NEW YORK CLIMATE ACTION FUND CONSUMER CLIMATE ACTION ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY- NINE-QQ OF THE STATE FINANCE LAW. (B) UP TO THREE PERCENT TO THE NEW YORK CLIMATE ACTION FUND INDUSTRIAL SMALL BUSINESS CLIMATE ACTION ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW. (C) AN AMOUNT TO THE STATE GENERAL FUND TO SUPPORT COSTS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND OTHER STATE AGENCIES AND AUTHORITIES AS APPROPRIATE, ASSOCIATED WITH SUCH CAP AND INVEST PROGRAM. § 8. The state finance law is amended by adding a new section 99-qq to read as follows: § 99-QQ. NEW YORK CLIMATE ACTION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK CLIMATE ACTION FUND". 2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT ACCOUNTS WITHIN THE NEW YORK CLIMATE ACTION FUND: (A) CONSUMER CLIMATE ACTION ACCOUNT; AND S. 4008 159 A. 3008 (B) INDUSTRIAL SMALL BUSINESS CLIMATE ACTION ACCOUNT. 3. (A) THE NEW YORK CLIMATE ACTION FUND CONSUMER CLIMATE ACTION ACCOUNT SHALL CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT TO PARA- GRAPH (A) OF SUBDIVISION TWENTY-SIX OF SECTION EIGHTEEN HUNDRED FIFTY- FOUR OF THE PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. MONEYS OF THE ACCOUNT SHALL BE EXPENDED FOR THE PURPOSES OF PROVIDING A PAYMENT TO HELP REDUCE POTENTIAL INCREASED COSTS OF VARIOUS GOODS AND SERVICES THAT MAY RESULT FROM THE IMPLEMENTATION OF THE CAP AND INVEST PROGRAM TO CONSUMERS IN THE STATE. (B) THE NEW YORK CLIMATE ACTION FUND INDUSTRIAL SMALL BUSINESS CLIMATE ACTION ACCOUNT SHALL CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWENTY-SIX OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS APPROPRI- ATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. MONEYS OF THE ACCOUNT SHALL BE EXPENDED FOR THE PURPOSES OF PROVIDING A PAYMENT TO HELP REDUCE POTENTIAL INCREASED COSTS OF VARIOUS GOODS AND SERVICES THAT MAY RESULT FROM THE IMPLEMENTATION OF THE CAP AND INVEST PROGRAM TO INDUSTRIAL SMALL BUSINESSES INCORPORATED IN THE STATE OF NEW YORK. 4. MONEYS IN THE NEW YORK CLIMATE ACTION FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR THE COMMISSIONER OF TAXATION AND FINANCE. PROVIDED, HOWEVER, THAT ANY MONEYS OF THE FUND NOT REQUIRED FOR IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN CONSULTATION WITH THE DIRECTOR OF THE DIVISION OF BUDGET, BE INVESTED BY THE COMPTROLLER IN OBLIGATIONS OF THE UNITED STATES OR THE STATE. THE PROCEEDS OF ANY SUCH INVESTMENT SHALL BE RETAINED BY THE FUND AS ASSETS TO BE USED FOR PURPOSES OF THE FUND. § 9. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through AAA of this act shall be as specifically set forth in the last section of such Parts.
2023-S4008A - Details
- See Assembly Version of this Bill:
- A3008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4008A - Summary
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; extends provisions of law relating to certain tax increment financing provisions; relates to contracts entered into by the metropolitan commuter transportation district; extends certain metropolitan transportation authority procurement provisions
2023-S4008A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 4008--A A. 3008--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12573-02-3 S. 4008--A 2 A. 3008--A 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 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 S. 4008--A 3 A. 3008--A 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 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 S. 4008--A 4 A. 3008--A 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 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 S. 4008--A 5 A. 3008--A the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. 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, S. 4008--A 6 A. 3008--A 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. (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 S. 4008--A 7 A. 3008--A EXCEED FIFTY DOLLARS FOR A FIRST OFFENSE, ONE HUNDRED DOLLARS FOR A SECOND OFFENSE WITHIN A TWELVE-MONTH PERIOD, ONE HUNDRED FIFTY DOLLARS FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS FOR A FOURTH OFFENSE WITHIN A TWELVE-MONTH PERIOD, AND TWO HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT OFFENSE WITHIN A TWELVE-MONTH PERIOD; AND PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY 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 S. 4008--A 8 A. 3008--A 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 (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. S. 4008--A 9 A. 3008--A (Q) ANY REVENUE FROM FINES AND PENALTIES COLLECTED PURSUANT TO THIS SECTION FROM MOBILE BUS PHOTO DEVICES SHALL BE REMITTED BY THE CITY OF NEW YORK TO THE APPLICABLE MASS TRANSIT AGENCY ON A QUARTERLY BASIS TO BE DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK CITY TRANSPORTATION ASSISTANCE FUND ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW. § 2. The opening paragraph of section 14 of part II of chapter 59 of the laws of 2010, amending the vehicle and traffic law and the public officers law relating to establishing a bus rapid transit demonstration program to restrict the use of bus lanes by means of bus lane photo devices, as amended by section 2 of part D of chapter 39 of the laws of 2019, is amended to read as follows: This act shall take effect on the ninetieth day after it shall have become a law [and shall expire 15 years after such effective date when upon such date the provisions of this act shall be deemed repealed]; and provided that any rules and regulations related to this act shall be promulgated on or before such effective date, provided that: § 3. 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- S. 4008--A 10 A. 3008--A 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 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 take effect one year after it shall have become a law and shall expire and be deemed repealed five years after it shall have become a law, provided, further, that effective immediately, the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of section one of this act on its effective date are authorized to be made and completed on or before such effective date. 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- S. 4008--A 11 A. 3008--A 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 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, S. 4008--A 12 A. 3008--A 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: (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 S. 4008--A 13 A. 3008--A 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. 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. S. 4008--A 14 A. 3008--A 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. 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 BY THIS SECTION SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU. (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 S. 4008--A 15 A. 3008--A 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 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 S. 4008--A 16 A. 3008--A 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; 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; S. 4008--A 17 A. 3008--A 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. (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 S. 4008--A 18 A. 3008--A 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. § 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 S. 4008--A 19 A. 3008--A 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 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 S. 4008--A 20 A. 3008--A 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- 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. S. 4008--A 21 A. 3008--A (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 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 S. 4008--A 22 A. 3008--A 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 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 S. 4008--A 23 A. 3008--A 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 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, CENTRAL BUSINESS DISTRICT TOLLING FACILITIES, AND FACILITIES RELATED TO OR ANCILLARY TO ANY OF THE FOREGOING. FOR THE PURPOSES OF THIS SECTION, LIGHT RAIL OR HEAVY RAIL RAPID TRANSIT, COMMUTER RAILROADS, BUS FACILITIES, BRIDGES, TUNNELS, CENTRAL BUSINESS DISTRICT TOLLING FACILITIES, AND FACILITIES RELATED TO OR ANCILLARY TO ANY OF THE FOREGOING REFER TO PROJECTS DELIVERED BY THE METROPOLITAN TRANSPORTATION AUTHORITY AND ITS SUBSIDIARIES AND AFFIL- IATES THAT ARE DEFINED AS "TRANSPORTATION FACILITIES" IN SUBDIVISION SEVENTEEN OF SECTION TWELVE HUNDRED SIXTY ONE OF THE PUBLIC AUTHORITIES LAW, OR "PROJECT" AS DEFINED IN SUBDIVISION SIX OF SECTION FIVE HUNDRED FIFTY ONE OF THE PUBLIC AUTHORITIES LAW. S. 4008--A 24 A. 3008--A § 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- 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 S. 4008--A 25 A. 3008--A 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 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 S. 4008--A 26 A. 3008--A 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 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 S. 4008--A 27 A. 3008--A 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 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: S. 4008--A 28 A. 3008--A 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. § 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. S. 4008--A 29 A. 3008--A (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, 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- S. 4008--A 30 A. 3008--A ble, be in compliance with the provisions of sections sixteen hundred twenty-four and sixteen hundred eighty-four of this [chapter] TITLE. Nothing contained herein shall be deemed to alter or affect the estab- lishment of school speed limits pursuant to the provisions of section sixteen hundred forty-three of this article, PROVIDED THAT THE SCHOOL SPEED LIMIT SET FORTH IN PARAGRAPH TWENTY-SIX OF THIS SUBDIVISION SHALL APPLY IN ANY CITY TO WHICH THIS SECTION IS APPLICABLE. For the purposes of this paragraph, "traffic calming measures" shall mean any physical engineering measure or measures that reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized street users such as pedestrians and bicyclists. (b) Any city establishing maximum speed limits below [twenty-five] TWENTY miles per hour pursuant to clause (i) of this subparagraph shall submit a report to the governor, the temporary president of the senate and the speaker of the assembly on or before March first, two thousand fifteen and biannually thereafter on the results of using traffic calm- ing measures and speed limits lower than [twenty-five] TWENTY miles per hour as authorized by this paragraph. This report shall also be made available to the public by such city on its website. Such report shall include, but not be limited to the following: (i) a description of the designated highways where traffic calming measures and a lower speed limit were established [and]; (ii) a description of the specific traffic calming measures used and the maximum speed limit established; and (iii) a comparison of the aggregate type, number, and severity of accidents reported on streets on which street calming measures and lower speed limits were implemented in the year preceding the implementation of such measures and policies and the year following the implementation of such measures and policies, to the extent this information is main- tained by any agency of the state or the city. § 2. This act shall take effect immediately. PART 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: S. 4008--A 31 A. 3008--A 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 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 S. 4008--A 32 A. 3008--A 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 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; S. 4008--A 33 A. 3008--A 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 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 S. 4008--A 34 A. 3008--A (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, 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 S. 4008--A 35 A. 3008--A conducted, or is related to its horn, and the commissioner determines that allowing the [altered] motor vehicle to leave the inspection area would be contrary to public safety, the commissioner may: (A) remove or arrange for the removal of, or may direct any police officer to remove or arrange for the removal of, the [altered] motor vehicle to a non- public garage or other place of safety where it shall remain impounded, subject to the provisions of this section; or (B) immobilize or arrange for the immobilization of the [altered] motor vehicle on premises owned or under the control of the owner of such [altered] motor vehicle, subject to the provisions of this section. The [altered] motor vehicle shall be entered into the New York statewide police information network as an impounded or immobilized vehicle and the commissioner shall promptly notify the owner that the [altered] motor vehicle has been impounded or immobilized and the reason or reasons for such impoundment or immobilization, and give such owner an opportunity to be heard within not more than thirty days of the suspension imposed pursuant to subpara- graph (i) of this paragraph. (b) A motor vehicle so impounded or immobilized shall be in the custo- dy of the commissioner and shall not be released unless the commissioner is satisfied that repairs have been scheduled or been made to satisfac- torily adjust such vehicle's out-of-service defect or defects and such vehicle has been re-inspected. (c) The commissioner shall provide written notice to the owner or operator of the service repair shop or impoundment lot informing them that such impounded vehicle shall not be released without the written approval of the commissioner. Release of such impounded vehicle without approval by the commissioner shall be punishable by a fine of up to ten thousand dollars[;]. § 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 S. 4008--A 36 A. 3008--A 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: (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 S. 4008--A 37 A. 3008--A Section 1. Subdivisions 1 and 2 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 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 SUBPARAGRAPHS (I) AND (II) OF THIS PARA- GRAPH, IF A GAMING FACILITY LICENSED UNDER TITLE TWO-A OF THIS ARTICLE WAS PREVIOUSLY 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 S. 4008--A 38 A. 3008--A 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. The commission shall require at least monthly deposits by the licensee of any payments pursuant to section one thousand three hundred fifty-one of this article, at such times, under such conditions, and in such depositories as shall be prescribed by the state comptroller. The deposits shall be deposited to the credit of the commercial gaming revenue fund as established by section ninety-seven-nnnn of the state finance law OR TO THE METROPOLITAN TRANSPORTATION AUTHORITY FINANCE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-H OF THE PUBLIC AUTHORITIES LAW, ACCORDING TO THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION. The commission may require a monthly report and recon- ciliation statement to be filed with it on or before the tenth day of each month, with respect to gross revenues and deposits received and made, respectively, during the preceding month. § 1-a. Subdivision 3 of section 1321-e of the racing, pari-mutuel wagering and breeding law, as added by section 7 of part RR of chapter 56 of the laws of 2022, is amended to read as follows: 3. The board shall determine a licensing fee to be paid by a licensee within thirty days after the [award] SELECTION of the license which shall be deposited [into the commercial gaming revenue fund] IN ACCORD- ANCE WITH PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 1352 OF THIS ARTI- CLE, provided however that no licensing fee shall be less than five hundred million dollars. The license shall set forth the conditions to be satisfied by the licensee before the gaming facility shall be opened to the public. The commission shall set any renewal fee for such license based on the cost of fees associated with the evaluation of a licensee under this article which shall be deposited into the commercial gaming fund. Such renewal fee shall be exclusive of any subsequent licensing fees under this section. § 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 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 S. 4008--A 39 A. 3008--A 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 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. S. 4008--A 40 A. 3008--A 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. (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 S. 4008--A 41 A. 3008--A 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. § 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. S. 4008--A 42 A. 3008--A 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. 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 S. 4008--A 43 A. 3008--A 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. § 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; S. 4008--A 44 A. 3008--A 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 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. S. 4008--A 45 A. 3008--A 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 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. S. 4008--A 46 A. 3008--A 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- 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 S. 4008--A 47 A. 3008--A 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 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; S. 4008--A 48 A. 3008--A (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 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 S. 4008--A 49 A. 3008--A 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. 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 S. 4008--A 50 A. 3008--A 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: (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 S. 4008--A 51 A. 3008--A 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. § 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- S. 4008--A 52 A. 3008--A 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- 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 S. 4008--A 53 A. 3008--A 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. (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- S. 4008--A 54 A. 3008--A 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 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. S. 4008--A 55 A. 3008--A 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 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 S. 4008--A 56 A. 3008--A 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, 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. S. 4008--A 57 A. 3008--A § 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: (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 S. 4008--A 58 A. 3008--A 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 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- S. 4008--A 59 A. 3008--A 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, 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. S. 4008--A 60 A. 3008--A § 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. (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. S. 4008--A 61 A. 3008--A 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- 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. S. 4008--A 62 A. 3008--A 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 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 S. 4008--A 63 A. 3008--A 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 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 S. 4008--A 64 A. 3008--A 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 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 S. 4008--A 65 A. 3008--A 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 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: S. 4008--A 66 A. 3008--A (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 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- S. 4008--A 67 A. 3008--A 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- 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- S. 4008--A 68 A. 3008--A 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 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. S. 4008--A 69 A. 3008--A § 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 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- S. 4008--A 70 A. 3008--A 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: § 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 S. 4008--A 71 A. 3008--A 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. (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. S. 4008--A 72 A. 3008--A (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 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 S. 4008--A 73 A. 3008--A 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). (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 S. 4008--A 74 A. 3008--A 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 (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. S. 4008--A 75 A. 3008--A (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 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 S. 4008--A 76 A. 3008--A (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. (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: S. 4008--A 77 A. 3008--A (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 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 S. 4008--A 78 A. 3008--A 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 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 S. 4008--A 79 A. 3008--A 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 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 S. 4008--A 80 A. 3008--A 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 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. S. 4008--A 81 A. 3008--A § 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- 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. S. 4008--A 82 A. 3008--A 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: (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. S. 4008--A 83 A. 3008--A 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 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. S. 4008--A 84 A. 3008--A (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 ONE MILLION five hundred thou- sand dollars without a formal competitive process AND STATE AGENCIES MAY ENTER INTO CONSTRUCTION OR PROFESSIONAL SERVICE CONTRACTS WITH 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 THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROC- ESS and for commodities that are food, including milk and milk products, or animal or plant fiber products, grown, produced, harvested, or proc- essed 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. Subparagraph (i) of paragraph (b) of subdivision 3 of section 2879 of the public authorities law, as amended by chapter 96 of the laws of 2019, is amended to read as follows: (i) for the selection of such contractors on a competitive basis, and provisions relating to the circumstances under which the board may by resolution waive competition, including, notwithstanding any other provision of law requiring competition, the purchase of goods or services from small business concerns, those certified as minority or women-owned business enterprises PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, THOSE CERTIFIED PURSUANT TO ARTICLE THREE OF THE VETER- ANS' SERVICES LAW or goods or technology that are recycled or remanufac- tured, in an amount not to exceed ONE MILLION five hundred thousand dollars without a formal competitive process AND THE ENTERING INTO CONSTRUCTION AND PROFESSIONAL SERVICE CONTRACTS WITH THOSE CERTIFIED AS MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND THOSE CERTIFIED PURSUANT TO ARTICLE THREE OF THE VETERANS' SERVICES LAW IN AN AMOUNT NOT EXCEEDING ONE MILLION FIVE HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROC- ESS; § 5. Paragraphs (e) and (f) of subdivision 3 of section 2879-a of the public authorities law are amended, and a new paragraph (g) is added, to read as follows: S. 4008--A 85 A. 3008--A (e) contracts for the purchase, sale or delivery of power or energy, fuel, costs and services ancillary thereto, or financial products related thereto, with a term of less than five years; [and] (f) contracts for the sale or delivery of power or energy and costs and services ancillary thereto for economic development purposes pursuant to title one of article five of this chapter or article six of the economic development law; AND (G) CONTRACTS AWARDED SMALL BUSINESS CONCERNS, MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTI- CLE FIFTEEN-A OF THE EXECUTIVE LAW, SERVICE DISABLED VETERAN OWNED BUSI- NESSES CERTIFIED PURSUANT TO ARTICLE THREE OF THE VETERANS' SERVICES LAW, OR FOR GOODS OR TECHNOLOGY THAT ARE RECYCLED OR REMANUFACTURED IN AN AMOUNT LESS THAN ONE MILLION FIVE HUNDRED THOUSAND DOLLARS PURSUANT TO SUBDIVISION THREE OF SECTION 2879 OF THIS CHAPTER, provided, however, that the authority shall file copies of any such contract with the comp- troller within sixty days after the execution of such contract. § 6. 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. § 7. 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, 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 S. 4008--A 86 A. 3008--A 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 (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 S. 4008--A 87 A. 3008--A 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, 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 S. 4008--A 88 A. 3008--A 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 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 S. 4008--A 89 A. 3008--A 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 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; S. 4008--A 90 A. 3008--A (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 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 S. 4008--A 91 A. 3008--A 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. § 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] S. 4008--A 92 A. 3008--A (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 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 S. 4008--A 93 A. 3008--A 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 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 S. 4008--A 94 A. 3008--A 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 one year after it shall have become a law. 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: 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 S. 4008--A 95 A. 3008--A 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 (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- S. 4008--A 96 A. 3008--A 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 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 PURSUANT TO SUBDIVISION 9, 10, AND/OR 10-A OF THIS SECTION, NO LATER THAN MARCH THIRTY-FIRST FOR THE PREVIOUS CALENDAR YEAR. § 5. This act shall take effect immediately. PART PP S. 4008--A 97 A. 3008--A 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. 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; S. 4008--A 98 A. 3008--A (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; (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. S. 4008--A 99 A. 3008--A 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 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. S. 4008--A 100 A. 3008--A 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. 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; S. 4008--A 101 A. 3008--A (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. 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. S. 4008--A 102 A. 3008--A 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- 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; S. 4008--A 103 A. 3008--A (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. 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. S. 4008--A 104 A. 3008--A (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. 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. S. 4008--A 105 A. 3008--A 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: (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. S. 4008--A 106 A. 3008--A (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, 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. S. 4008--A 107 A. 3008--A (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 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 S. 4008--A 108 A. 3008--A 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- 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. S. 4008--A 109 A. 3008--A (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; (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: S. 4008--A 110 A. 3008--A (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 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. S. 4008--A 111 A. 3008--A (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 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 S. 4008--A 112 A. 3008--A 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 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. S. 4008--A 113 A. 3008--A 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; (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 S. 4008--A 114 A. 3008--A 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 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 S. 4008--A 115 A. 3008--A 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, 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. S. 4008--A 116 A. 3008--A 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 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 S. 4008--A 117 A. 3008--A 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 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 S. 4008--A 118 A. 3008--A 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. § 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: S. 4008--A 119 A. 3008--A § 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 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 S. 4008--A 120 A. 3008--A 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, 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- S. 4008--A 121 A. 3008--A 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. 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 S. 4008--A 122 A. 3008--A 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 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. S. 4008--A 123 A. 3008--A (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 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 S. 4008--A 124 A. 3008--A 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 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: S. 4008--A 125 A. 3008--A 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 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. S. 4008--A 126 A. 3008--A § 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 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 S. 4008--A 127 A. 3008--A 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- 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, NOTWITHSTANDING ANY EXEMPTIONS ACCOMPANYING SUCH PROVISION, IF SUCH PROVISION IS DESIGNED TO ACHIEVE A GREATER AMOUNT OF GREENHOUSE GAS OR CO-POLLUTANT EMISSIONS REDUCTIONS THAN THE INCONSIST- ENT 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 AMEND- MENT IS CONSISTENT WITH THE PURPOSES AND INTENT OF THIS ARTICLE OR ARTI- CLE EIGHTEEN OF THE EXECUTIVE LAW, AS APPLICABLE, WITH ACCEPTED ENGI- NEERING 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- S. 4008--A 128 A. 3008--A 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 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 AND EMERGENCY REPLACE- MENT OF EXISTING EQUIPMENT AND BUILDING SYSTEMS; (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, AGRICULTURAL BUILDING AS DEFINED BY THE COUNCIL, OR CREMATORIUM. (B) WHERE THE CODE INCLUDES AN ALLOWED EXEMPTION PURSUANT TO SUBPARA- GRAPH (I) OR (III) OF PARAGRAPH (A) OF THIS SUBDIVISION, OTHER THAN AGRICULTURAL BUILDINGS AS DEFINED BY THE COUNCIL, 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 BUILD- ING 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 ADVERSELY AFFECT HEALTH, SAFETY, SECURITY, OR FIRE PROTECTION, AND FINANCIAL CONSIDER- S. 4008--A 129 A. 3008--A ATIONS 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. § 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 S. 4008--A 130 A. 3008--A 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; (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 S. 4008--A 131 A. 3008--A 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 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 AND EMERGENCY REPLACE- MENT OF EXISTING EQUIPMENT AND BUILDING SYSTEMS; (II) IN A MANUFACTURED HOME AS DEFINED IN SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECUTIVE LAW; OR S. 4008--A 132 A. 3008--A (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, AGRICULTURAL BUILDING AS DEFINED BY THE COUNCIL, OR CREMATORIUM. D. WHERE THE UNIFORM CODE INCLUDES AN ALLOWED EXEMPTION PURSUANT TO SUBPARAGRAPH (I) OR (III) OF PARAGRAPH C OF THIS SUBDIVISION, OTHER THAN AGRICULTURAL BUILDINGS AS DEFINED BY THE COUNCIL, 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 BUILD- ING 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 INFEASIBILITY. 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. (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 S. 4008--A 133 A. 3008--A 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: 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: S. 4008--A 134 A. 3008--A 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) 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: S. 4008--A 135 A. 3008--A 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 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 S. 4008--A 136 A. 3008--A 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 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 S. 4008--A 137 A. 3008--A 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) 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. S. 4008--A 138 A. 3008--A 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- 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; S. 4008--A 139 A. 3008--A (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. § 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 S. 4008--A 140 A. 3008--A 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 (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- S. 4008--A 141 A. 3008--A 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. 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 S. 4008--A 142 A. 3008--A (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; (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- S. 4008--A 143 A. 3008--A 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. 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: S. 4008--A 144 A. 3008--A § 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 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 S. 4008--A 145 A. 3008--A 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 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 S. 4008--A 146 A. 3008--A 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 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 S. 4008--A 147 A. 3008--A 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. (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. S. 4008--A 148 A. 3008--A (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 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 S. 4008--A 149 A. 3008--A 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 DISTRIBUTION OR 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. (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) S. 4008--A 150 A. 3008--A 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 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 DISTRIBUTION OR 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: S. 4008--A 151 A. 3008--A (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 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. S. 4008--A 152 A. 3008--A (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- 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 S. 4008--A 153 A. 3008--A 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. § 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 S. 4008--A 154 A. 3008--A 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 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 S. 4008--A 155 A. 3008--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. 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. S. 4008--A 156 A. 3008--A 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 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. S. 4008--A 157 A. 3008--A 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 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 S. 4008--A 158 A. 3008--A 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, 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: S. 4008--A 159 A. 3008--A 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 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 S. 4008--A 160 A. 3008--A 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 (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 S. 4008--A 161 A. 3008--A 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.
2023-S4008B - Details
- See Assembly Version of this Bill:
- A3008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4008B - Summary
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; extends provisions of law relating to certain tax increment financing provisions; relates to contracts entered into by the metropolitan commuter transportation district; extends certain metropolitan transportation authority procurement provisions
2023-S4008B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4008--B I N S E N A T E February 1, 2023 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law and the public officers 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 demonstration 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 expi- ration thereof (Part A); intentionally omitted (Part B); intentionally omitted (Part C); intentionally omitted (Part D); intentionally omit- ted (Part E); to amend the public authorities law, in relation to enacting the "toll payer protection act"; to amend the vehicle and traffic law, in relation to penalties for concealing and obscuring license plates; and providing for the repeal of certain provisions upon expiration thereof (Part F); to amend chapter 929 of the laws of 1986 amending the tax law and other laws relating to the metropolitan 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, ferry workers, motor vehicle inspectors, motor carri- er investigators, and certain classes of public employees; to amend the vehicle and traffic law and the transportation law, in relation to work zone safety; and to amend the state finance law, in relation to establishing the work zone safety fund (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 autonomous vehicle tech- nology, in relation to demonstrations and tests on vehicle to vehicle communication technology; in relation to extending the effectiveness EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12573-04-3 S. 4008--B 2 thereof (Part J); to amend the vehicle and traffic law, in relation to establishing 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 (Subpart A); to amend the vehicle and traffic law and the penal law, in relation to the ignition interlock program (Subpart B); and to amend the vehicle and traffic law, in relation to paying drug- impaired driving surcharges to counties to reduce drug-impaired driv- ing incidences (Subpart C) (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 increasing fees for violations, to notices of violations and dismissal of violations, and to appeals of final determinations of a hearing examiner; and to amend the administrative code of the city of New York, in relation to school bus parking on city streets (Part N); intentionally omitted (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 vicini- ty of the incident (Part P); intentionally omitted (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); intentionally omit- ted (Part S); to amend the real property law, in relation to condomin- ium declarations; and to repeal certain provisions of such law relat- ing 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); inten- tionally omitted (Part V); intentionally omitted (Part W); to amend the public officers law, in relation to providing virtual meeting flexibility for public bodies serving individuals with disabilities and having members with disabilities (Part X); to amend the general business law, in relation to reducing barriers to occupational licens- ing for cosmetologists (Part Y); intentionally omitted (Part Z); to amend the public authorities law, in relation to authorizing the dormitory authority to provide its services to recipients of grants and loans from the downtown revitalization program and NY forward program (Part AA); to amend the public authorities law, in relation to requiring the dormitory authority to submit an annual report on the pilot program for the procurement of goods or services from, or for the construction, reconstruction, rehabilitation or improvement of facilities by small businesses and minority-owned and women-owned business enterprises; 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 busi- ness enterprises, in relation to extending the effectiveness thereof (Part BB); intentionally omitted (Part CC); to amend the economic development law, in relation to establishing a matching grant program for certain small businesses receiving funding under the federal small business innovation research program or the small business technology transfer program (Part DD); intentionally omitted (Part EE); inten- tionally omitted (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 S. 4008--B 3 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; to amend the banking law and the New York state urban development corporation act, in relation to the capital access program; and to repeal certain provisions of the executive law relating thereto (Part HH); intentionally omitted (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); intentionally omitted (Part KK); to amend part BB of chapter 58 of the laws of 2012, amending the public authorities law, relating to author- izing 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 registration of snowmobiles and fees collected for the snowmobile trail and maintenance fund (Part MM); intentionally omitted (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; and to amend the state finance law, in relation to procure- ment goals for New York state food products and to requiring annual summary detailing each state agency contract made which satisfies the New York state food product procurement goals (Part OO); to amend the environmental conservation law, in relation to enacting the packaging reduction and recycling infrastructure act; and the state finance law, in relation to creating the waste reduction and reuse infrastructure 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); intentionally omitted (Part RR); to amend the environmental conservation law, in relation to pesticide registration timetables and fees and to amend chapter 67 of the laws of 1992, amending the environmental 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 extend the existing one-quarter of one percent sales tax utilized to finance the county drinking water protection program until 2060; 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; and to amend the tax law, in relation to the Suffolk county water quality restoration fund (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 envi- ronmental conservation, department of state, and the office of parks, recreation and historic preservation from utility assessment revenues; and providing for the repeal of such provisions upon expiration there- of (Part VV); to amend the energy law, in relation to zero on-site S. 4008--B 4 greenhouse gas emissions; and to amend the public authorities law and the public buildings law, in relation to the decarbonization of state- owned buildings (Part WW); intentionally omitted (Part XX); to amend part LL of chapter 58 of the laws of 2019 amending the public authori- ties 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 department of environmental conservation from an assessment on gas and electric corporations (Part ZZ); to amend the environmental conservation law, the public authorities law, the labor law and the state finance law, in relation to the creation of the New York cap and invest program and the climate and community protection fund (Part AAA); intentionally omitted (Part BBB); to amend the parks, recreation and historic preservation law, in relation to establishing the state parks passport program (Part CCC); in relation to ordering a study and report on a proposed extension of the Long Island Motor Parkway trail, a part of the Brooklyn Queens Greenway, east from Winchester Boulevard to Little Neck Parkway in the county of Queens to the trailhead of the planned Motor Parkway trail in the county of Nassau; and providing for the repeal of such provisions upon expira- tion thereof (Part DDD); to amend the environmental conservation law, in relation to requiring the governor to submit an annual agency climate expenditure report (Part EEE); to amend the environmental conservation law, in relation to establishing the safe water infras- tructure action program for the purpose of making payments toward the replacement and rehabilitation of certain existing drinking water, storm water and sanitary sewer systems (Part FFF); establishing a commission to determine what benefits a public bank or network of public banks owned by the state of New York or by a public authority constituted by the state of New York can provide; and providing for the repeal of such provisions upon expiration thereof (Part GGG); to amend the environmental conservation law, in relation to returnable bottles (Part HHH); in relation to conducting a study of public and private museums in New York state (Part III); to amend the environ- mental conservation law, in relation to establishing the climate change cost recovery program (Part JJJ); to amend the environmental conservation law, in relation to the protection of certain streams (Part KKK); directing the department of public service to prepare a written report on the affordability of utility services (Part LLL); to amend the public service law and the transportation corporations law, in relation to aligning utility regulation with state climate justice and emission reduction targets; to repeal section 66-b of the public service law relating to continuation of gas service; and to repeal section 66-g of the public service law relating to the sale of indige- nous natural gas for generation of electricity (Part MMM); to amend the economic development law, in relation to allowing for eligibility of NY HEMP projects in the Excelsior tax credit program (Part NNN); to amend the highway law, in relation to authorizing park-and-ride devel- opment as construction or improvement by the department of transporta- tion partly at municipal expense (Part OOO); in relation to authoriz- ing a study pertaining to traffic flow and safety of State Route 35 and State Route 202 from the Hudson River to the border of Connecti- cut; and providing for the repeal of such provisions upon expiration S. 4008--B 5 thereof (Part PPP); to amend the New York state urban development corporation act, in relation to creating the "NYS entrepreneurial training act" (Part QQQ); to establish the East of Hudson watershed road salt reduction task force and pilot program; and providing for the repeal of such provisions upon expiration thereof (Part RRR); to amend the highway law, in relation to the rate paid by the state to a city for maintenance and repair of highways (Part SSS); to amend the vehicle and traffic law, in relation to establishing scramble cross- walks leading to and from school buildings during times of student arrival and dismissal (Part TTT); to amend the public authorities law, in relation to the Long Island Rail Road weekend reduced fare program (Part UUU); to amend the public authorities law, in relation to E-ZPass availability and waiving deposit fees for a certain period after a rate increase (Part VVV); to amend the executive law, in relation to participation by minority group members and women with respect to certain state contracts; and to amend the state finance law, in relation to performance and payment bond requirements (Part WWW); to amend the public authorities law, in relation to establishing a local authorities searchable subsidy and economic development bene- fits database; to amend the general municipal law, in relation to the obligations of certain industrial development agencies; and to amend the not-for-profit corporation law, in relation to the status of certain local development corporations (Part XXX); to repeal subdivi- sion 6 of section 51 of the public authorities law, relating to voting by members of the New York state authorities control board (Part YYY); to amend the real property tax law, in relation to ending the real property tax exemption for certain real property that is used for home games for certain professional sports teams (Part ZZZ); to amend the public authorities law, in relation to requiring the metropolitan transportation authority to publish certain information pertaining to capital project data for projects that are committed for construction on the capital program dashboard; and to amend the public authorities law, in relation to requiring the metropolitan transportation authori- ty to publish certain financial reports on the authority's website (Part AAAA); to amend the tax law, in relation to the metropolitan transportation business tax surcharge (Part BBBB); in relation to ordering a study and report on improvements of State Route 9A in the Hudson River Greenway portion of State Route 9A; and providing for the repeal of such provisions upon expiration thereof (Part CCCC); to amend the vehicle and traffic law, in relation to authorizing a resi- dential parking permit system in the city of New York (Part DDDD); to amend the tax law, in relation to the exemption of political subdivi- sions from the imposition of the metropolitan commuter transportation mobility tax; and to amend the vehicle and traffic law, in relation to exempting certain municipalities from certain fees related to the metropolitan commuter transportation mobility tax (Part EEEE); and to amend the tax law, in relation to imposing a fee on transportation network company prearranged trips in New York city (Part FFFF) 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 S. 4008--B 6 year. Each component is wholly contained within a Part identified as Parts A through FFFF. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. 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 PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES CAPTURED BY PHOTO DEVICES SHALL BE INADMISSIBLE IN ANY DISCIPLI- NARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRANSIT 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 OPERATION-RELAT- ED 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 PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED 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 IDEN- TIFICATION 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 PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED 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 S. 4008--B 7 (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. (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. S. 4008--B 8 (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 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 S. 4008--B 9 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 (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. THE CITY OF NEW YORK AND APPLICABLE MASS TRANSIT AGENCY 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 CITY FINDS THAT PUBLISHING SPECIFIC LOCATION DATE WOULD JEOPARDIZE PUBLIC SAFETY. 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, AND AN ITEM- IZED LIST OF EXPENDITURES MADE BY THE PARTICIPATING MASS TRANSIT AGENCY WITH THESE REVENUES; S. 4008--B 10 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. § 1-a. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (s) to read as follows: (S) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-C-1 OF THE VEHICLE AND TRAFFIC LAW. § 2. The opening paragraph of section 14 of part II of chapter 59 of the laws of 2010, amending the vehicle and traffic law and the public officers law relating to establishing a bus rapid transit demonstration program to restrict the use of bus lanes by means of bus lane photo devices, as amended by section 2 of part D of chapter 39 of the laws of 2019, is amended to read as follows: This act shall take effect on the ninetieth day after it shall have become a law [and shall expire 15 years after such effective date when upon such date the provisions of this act shall be deemed repealed]; and provided that any rules and regulations related to this act shall be promulgated on or before such effective date, provided that: § 3. 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 S. 4008--B 11 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 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 sections one and one-a of this act shall take effect one year after it shall have become a law and shall expire and be deemed repealed five years after it shall have become a law, provided, further, that effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of section one of this act on its effective date are authorized to be made and completed on or before such effective date. PART B Intentionally Omitted S. 4008--B 12 PART C Intentionally Omitted PART D Intentionally Omitted PART E Intentionally Omitted PART F Section 1. This act shall be known and may be cited as the "toll payer protection act". § 2. Section 2985 of the public authorities law is designated to title 11-A of article 9 of such law. § 3. Article 9 of the public authorities law is amended by adding a new title 11-A to read as follows: TITLE 11-A TOLL COLLECTIONS SECTION 2985-A. TOLLS BY MAIL. § 2985-A. TOLLS BY MAIL. 1. APPLICABILITY. THIS SECTION SHALL APPLY TO THE TOLLS BY MAIL PROGRAM AND SHALL NOT APPLY TO THE PAYMENT OF TOLLS BY MEANS OF AN ELECTRONIC TOLL DEVICE THAT TRANSMITS INFORMATION THROUGH AN ELECTRONIC TOLL COLLECTION SYSTEM AS DEFINED IN SUBDIVISION TWELVE OF SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE. 2. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "CASHLESS TOLLING FACILITY" SHALL MEAN A TOLL HIGHWAY, BRIDGE OR TUNNEL FACILITY THAT DOES NOT PROVIDE FOR THE IMMEDIATE ON-SITE PAYMENT IN CASH OF A TOLL OWED FOR THE USE OF SUCH FACILITY. (B) "CASHLESS TOLLING MONITORING SYSTEM" SHALL MEAN A VEHICLE SENSOR WHICH AUTOMATICALLY PRODUCES A RECORDED IMAGE OF A VEHICLE AND LICENSE PLATE AT THE TIME IT IS USED OR OPERATED AT A CASHLESS TOLLING FACILITY AND WHOSE OWNER HAS INCURRED AN OBLIGATION TO PAY A TOLL THROUGH THE CASHLESS TOLLING PROGRAM. (C) "DEBT COLLECTION AGENCY" SHALL MEAN A PERSON, FIRM OR CORPORATION ENGAGED IN BUSINESS, THE PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY COLLECT OR ATTEMPT TO COLLECT DEBTS OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER AND SHALL ALSO INCLUDE A BUYER OF DELINQUENT DEBT WHO SEEKS TO COLLECT SUCH DEBT EITHER DIRECTLY OR THROUGH THE SERVICES OF ANOTHER BY, INCLUDING BUT NOT LIMITED TO, INITIATING OR USING LEGAL PROCESSES OR OTHER MEANS TO COLLECT OR ATTEMPT TO COLLECT SUCH DEBT. (D) "ELECTRONIC MEANS OF COMMUNICATION" SHALL INCLUDE BUT NOT BE LIMITED TO ELECTRONIC MAIL AND TEXT MESSAGING. (E) "ELECTRONIC TOLL COLLECTION SYSTEM" SHALL MEAN A SYSTEM OF COLLECTING TOLLS OR CHARGES WHICH IS CAPABLE OF CHARGING AN ACCOUNT HOLDER THE APPROPRIATE TOLL OR CHARGE BY TRANSMISSION OF INFORMATION FROM AN OPERABLE ELECTRONIC DEVICE ON A MOTOR VEHICLE TO THE TOLL LANE, WHICH INFORMATION IS USED TO CHARGE THE ACCOUNT THE APPROPRIATE TOLL OR CHARGE. S. 4008--B 13 (F) "LESSEE" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, ASSOCIATION, OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR THE USE OF ONE OR MORE VEHICLES AND HAS EXCLUSIVE USE THEREOF FOR ANY PERIOD OF TIME. (G) "LESSOR" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, ASSOCIATION, OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEASING VEHICLES TO ANY LESSEE UNDER A RENTAL AGREEMENT, LEASE OR OTHERWISE WHEREIN SUCH LESSEE HAS THE EXCLUSIVE USE OF SUCH VEHICLE FOR ANY PERIOD OF TIME. (H) "NOTICE OF VIOLATION" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFY- ING SUCH OWNER THAT A TOLL INCURRED AT A CASHLESS TOLLING FACILITY BY THE OWNER HAS NOT BEEN PAID AT THE PLACE AND TIME AND IN THE MANNER ESTABLISHED FOR COLLECTION OF SUCH TOLL IN THE TOLL BILL. (I) "OPERABLE ELECTRONIC DEVICE" SHALL MEAN AN ELECTRONIC DEVICE THAT SUCCESSFULLY TRANSMITS INFORMATION THROUGH AN ELECTRONIC TOLL COLLECTION SYSTEM. (J) "OWNER" SHALL MEAN ANY PERSON, CORPORATION, PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR OR ORGANIZATION WHO, AT THE TIME OF INCUR- RING AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY, AND WITH RESPECT TO THE VEHICLE IDENTIFIED IN THE NOTICE OF TOLL DUE: (I) IS THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR (II) HAS TITLE TO SUCH VEHICLE; OR (III) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHI- CLE WHICH IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE OR ANY OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION; OR (IV) IS SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDI- VISION TEN OF SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE, USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS; OR (V) IS A PERSON ENTITLED TO THE USE AND POSSESSION OF A VEHICLE SUBJECT TO A SECURITY INTEREST IN ANOTHER PERSON. (K) "PENALTY" SHALL MEAN ANY LATE PAYMENT FEES, CHARGES, OR MONETARY PENALTIES IMPOSED BY A PUBLIC AUTHORITY, EXCLUSIVE OF ANY TOLL OR TOLLS INCURRED AT THE CASHLESS TOLLING FACILITY, FOR FAILURE TO TIMELY PAY AN OBLIGATION TO PAY A TOLL. (L) "TOLL BILL" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFYING SUCH OWNER THAT THE OWNER'S VEHICLE HAS BEEN USED OR OPERATED AT A CASHLESS TOLLING FACILITY, CROSSED A CASHLESS TOLLING MONITORING SYSTEM WITHOUT AN OPERABLE ELECTRONIC DEVICE AND HAS INCURRED AN OBLIGATION TO PAY A TOLL. (M) "TOLLS BY MAIL PROGRAM" SHALL MEAN ANY PROGRAM OPERATED BY OR ON BEHALF OF A PUBLIC AUTHORITY TO IDENTIFY VEHICLES THAT CROSS THROUGH A CASHLESS TOLLING FACILITY WITHOUT AN OPERABLE ELECTRONIC DEVICE AND TO SEND A TOLL BILL OR NOTICE OF VIOLATION TO THE OWNER OF THE VEHICLE. (N) "VIOLATION" SHALL MEAN THE FAILURE OF THE OWNER TO TIMELY RESPOND TO A TOLL BILL. 3. AUTHORIZATION FOR CASHLESS TOLLING. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EVERY PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY AND IS AUTHORIZED PURSUANT TO SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE TO PROMULGATE TOLL COLLECTION REGULATIONS AND TO IMPOSE MONETARY LIABILITY FOR FAILURE TO COMPLY WITH SUCH REGULATIONS IS HEREBY AUTHORIZED AND EMPOWERED TO OPER- ATE A DEMONSTRATION PROGRAM FOR UTILIZATION OF CASHLESS TOLLING FACILI- TIES, CASHLESS TOLLING MONITORING SYSTEMS, AND A TOLLS BY MAIL PROGRAM AND TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE TO COMPLY WITH THE TOLL COLLECTION REGULATIONS OF SUCH PUBLIC AUTHORITY SO LONG AS EACH PUBLIC AUTHORITY COMPLIES WITH THE PROVISIONS OF THIS SECTION. SUCH PUBLIC AUTHORITY SHALL PROMULGATE REGULATIONS ESTABLISHING S. 4008--B 14 A DEMONSTRATION PROGRAM FOR THE UTILIZATION OF CASHLESS TOLLING FACILI- TIES, CASHLESS TOLLING MONITORING SYSTEMS, AND A TOLLS BY MAIL PROGRAM THAT COMPLY WITH THE PROVISIONS OF THIS SECTION. SUCH REGULATIONS MAY IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE TO COMPLY WITH SUCH REGULATIONS. NO PUBLIC AUTHORITY SHALL OWN, OPERATE OR OTHERWISE FACILITATE A CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONI- TORING SYSTEM, OR TOLLS BY MAIL PROGRAM WITHOUT FIRST PROMULGATING REGU- LATIONS PURSUANT TO AND IN COMPLIANCE WITH THIS SECTION. (B) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT RECORDED IMAGES PRODUCED BY SUCH CASHLESS TOLLING MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDEN- TIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHICLE. HOWEVER, NO TOLL BILL OR NOTICE OF VIOLATION ISSUED PURSUANT TO THIS SECTION SHALL BE INVALID SOLELY BECAUSE A RECORDED IMAGE ALLOWS FOR THE IDEN- TIFICATION OF THE CONTENTS OF A VEHICLE, PROVIDED THAT SUCH PUBLIC AUTHORITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH. (C) EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY SHALL UNDERTAKE A PUBLIC AWARENESS CAMPAIGN REGARDING THE USE OF AND PROCESS INVOLVED WITH THE PAYMENT OF TOLLS AT CASHLESS TOLLING FACILI- TIES. EACH PUBLIC AUTHORITY SHALL PROVIDE SUFFICIENT METHODS FOR OWNERS TO OBTAIN AN OPERABLE ELECTRONIC DEVICE FOR THE ELECTRONIC TOLL COLLECTION SYSTEM, INCLUDING MAKING SUCH DEVICES AVAILABLE AT ALL REST AREAS OWNED OR OPERATED BY EACH AUTHORITY. (D) EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY SHALL MAINTAIN A WEBSITE AND TOLL-FREE PHONE NUMBER FOR ANY PERSON TO OBTAIN CURRENT INFORMATION ON ANY OUTSTANDING TOLLS AND SHALL IMPLEMENT A SYSTEM TO NOTIFY THOSE OWNERS WHO SO REQUEST BY ELECTRONIC MEANS OF COMMUNICATION ABOUT TOLLS AS THEY ARE INCURRED. SUCH WEBSITE AND PHONE NUMBER SHALL BE PRINTED ON ANY TOLL BILL OR NOTICE OF VIOLATION. 4. OWNER LIABILITY. (A) WITHIN THE JURISDICTION OF EVERY PUBLIC AUTHORITY WHICH HAS PROMULGATED REGULATIONS PURSUANT TO SUBDIVISION THREE OF THIS SECTION: (I) THE OWNER SHALL INCUR AN OBLIGATION TO PAY A TOLL WHEN THE OWNER'S VEHICLE CROSSES THROUGH A CASHLESS TOLLING FACILI- TY PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, AND SUCH OBLIGATION IS EVIDENCED BY INFORMATION OBTAINED FROM THE CASHLESS TOLLING MONITORING SYSTEM; OR (II) THE OWNER OF A VEHICLE SHALL INCUR AN OBLIGATION TO PAY A TOLL WHEN SUCH VEHICLE CROSSES A CASHLESS TOLLING FACILITY WITHOUT AN OPERABLE ELECTRONIC DEVICE AND IS IDENTIFIED BY A CASHLESS TOLLING MONI- TORING SYSTEM. (B) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A CIVIL PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH OWNER INCURRED AN OBLIGATION TO PAY A TOLL AND FAILS TO TIMELY PAY OR RESPOND TO SUCH TOLL IN THE MANNER SET FORTH IN THE TOLL BILL IN ACCORDANCE WITH THIS SECTION AND SHALL BE LIABLE FOR PENALTIES IN ACCORDANCE WITH THE PENALTIES SET FORTH HEREIN. PROVIDED, HOWEVER, 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 A VIOLATION OF TOLL COLLECTION REGULATIONS FOR THE SAME INCIDENT. 5. TOLL BILLS AND NOTICES OF VIOLATION. (A) TOLL BILL. THE PUBLIC AUTHORITY SHALL WITHIN THIRTY DAYS OF AN OWNER INCURRING AN OBLIGATION TO PAY A TOLL SEND A TOLL BILL BY FIRST-CLASS MAIL TO SUCH OWNER. (I) WITHIN THIRTY DAYS OF THE MAILING OF THE TOLL BILL THE OWNER SHALL (A) PAY THE TOLL, WITHOUT LIABILITY FOR ANY PENALTY, OR (B) CONTEST SUCH TOLL BILL. (II) THE TOLL BILL SHALL INCLUDE: (A) THE DATE, TIME, S. 4008--B 15 LOCATION, LICENSE PLATE NUMBER AND VEHICLE REGISTRATION FOR EACH TOLL; (B) THE TOTAL AMOUNT OF THE TOLL DUE; (C) THE DATE BY WHICH THE TOLL MUST BE PAID; (D) THE ADDRESS FOR RECEIPT OF PAYMENT AND METHODS OF PAYMENT FOR SUCH TOLL BILL; (E) THE PROCEDURE FOR CONTESTING ANY TOLL; (F) INFORMATION RELATED TO THE FAILURE TO TIMELY PAY OR RESPOND TO A TOLL BILL; (G) THE WEBSITE ADDRESS OR HYPERLINK FOR THE OWNER TO ACCESS TIME-STAMPED PHOTOGRAPHS OR FOOTAGE OF EACH TOLL INCURRED; AND (H) ANY OTHER INFORMATION REQUIRED BY LAW OR BY THE AUTHORITY. IF AN AUTHORITY FAILS TO SEND A TOLL BILL AS SET FORTH IN THIS SECTION, THE OWNER SHALL NOT BE LIABLE FOR PAYMENT OF THE TOLLS, OR ANY PENALTY. (B) SECOND TOLL BILL. IF AN OWNER FAILS TO RESPOND TO A TOLL BILL WITHIN THIRTY DAYS OF THE MAILING OF SUCH TOLL BILL, THE PUBLIC AUTHORI- TY SHALL SEND A SECOND TOLL BILL BY FIRST-CLASS MAIL WITHIN THIRTY DAYS OF THE DATE THE OWNER WAS REQUIRED TO RESPOND TO SUCH TOLL BILL. SUCH SECOND TOLL BILL MAY INCLUDE A PENALTY FOR LATE PAYMENT, WHICH SHALL NOT EXCEED FIVE DOLLARS AND SHALL INCLUDE ALL OF THE INFORMATION REQUIRED FOR A TOLL BILL PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. WITHIN THIRTY DAYS OF THE MAILING OF THE SECOND TOLL BILL THE OWNER SHALL (I) PAY THE ASSESSED TOLL AND ANY PENALTY PROVIDED IN SUCH NOTICE, OR (II) CONTEST TOLL BILL. (C) NOTICE OF VIOLATION. IF AN OWNER FAILS TO RESPOND TO A SECOND TOLL BILL WITHIN THIRTY DAYS OF THE MAILING OF SUCH SECOND TOLL BILL, THE PUBLIC AUTHORITY SHALL SEND BY FIRST-CLASS MAIL A NOTICE OF VIOLATION WITHIN THIRTY DAYS OF THE DATE THE OWNER WAS REQUIRED TO RESPOND TO SUCH SECOND TOLL BILL. (I) THE NOTICE OF VIOLATION SHALL INCLUDE: (A) THE DATE, TIME, LOCATION, LICENSE PLATE NUMBER AND VEHICLE REGISTRATION FOR EACH TOLL; (B) THE ASSESSED TOLL AND THE TOTAL AMOUNT OF ALL OUTSTANDING TOLLS AND PENALTIES AS AUTHORIZED BY THIS SECTION; (C) THE DATE BY WHICH PAYMENT OF SUCH AMOUNTS ARE DUE; (D) THE ADDRESS FOR RECEIPT OF PAYMENT AND METHODS OF PAYMENT FOR THE AMOUNTS DUE; (E) THE PROCEDURE FOR CONTESTING ANY SUCH AMOUNTS; (F) INFORMATION RELATED TO THE FAILURE TO TIMELY PAY OR RESPOND TO A NOTICE OF VIOLATION; (G) THE WEBSITE ADDRESS OR HYPERLINK FOR THE OWNER TO ACCESS TIME-STAMPED PHOTOGRAPHS OR FOOTAGE OF EACH TOLL INCURRED; AND (H) ANY OTHER INFORMATION REQUIRED BY LAW OR BY THE AUTHORITY. THE NOTICE OF VIOLATION MAY INCLUDE A PENALTY WHICH SHALL BE TWENTY-FIVE DOLLARS OR TWO TIMES THE TOLL EVADED, WHICHEVER IS GREATER. IF THE AUTHORITY FAILS TO SEND A TIMELY NOTICE OF VIOLATION AS SET FORTH IN THIS SECTION, THE OWNER SHALL NOT BE LIABLE FOR PAYMENT OF THE ALLEGED TOLLS OR ANY PENALTY. (II) THE OWNER SHALL HAVE THIRTY DAYS FROM THE DATE SUCH NOTICE OF VIOLATION WAS SENT TO (A) PAY THE ASSESSED TOLL AND PENALTIES, OR (B) CONTEST THE NOTICE. IF AN OWNER FAILS TO RESPOND TO THE NOTICE OF VIOLATION, THE OWNER SHALL BE LIABLE FOR THE ASSESSED TOLL AND ANY PENALTY AS PROVIDED IN SUCH NOTICE. (D) ELECTRONIC NOTICE. ANY TOLL BILL REQUIRED BY THIS SECTION TO BE SENT BY FIRST-CLASS MAIL MAY INSTEAD BE SENT BY ELECTRONIC MEANS OF COMMUNICATION UPON THE AFFIRMATIVE CONSENT OF THE OWNER IN A FORM PRESCRIBED BY THE AUTHORITY. PROVIDED THAT, NOTWITHSTANDING THIS SUBDI- VISION, A TOLL BILL SENT BY ELECTRONIC MEANS OF COMMUNICATION SHALL BE SENT WITHIN SEVENTY-TWO HOURS OF AN OWNER INCURRING AN OBLIGATION TO PAY A TOLL. ANY NOTICE OF VIOLATION REQUIRED BY THIS SECTION TO BE SENT BY FIRST-CLASS MAIL MAY IN ADDITION TO FIRST-CLASS MAIL BE SENT BY ELEC- TRONIC MEANS OF COMMUNICATION UPON THE AFFIRMATIVE CONSENT OF THE OWNER IN A FORM PRESCRIBED BY THE AUTHORITY. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE SUFFICIENT RECORD OF ELECTRONIC NOTICE. ANY AFFIRMATIVE CONSENT TO RECEIVE A TOLL BILL OR NOTICE OF VIOLATION BY ELECTRONIC MEANS SHALL S. 4008--B 16 BE REVOCABLE BY THE OWNER AT ANY TIME WITH NOTICE TO THE PUBLIC AUTHORI- TY OR ITS AGENT AND SHALL AUTOMATICALLY BE DEEMED REVOKED IF THE AUTHOR- ITY OR ITS AGENT IS UNABLE TO DELIVER TWO CONSECUTIVE NOTICES BY ELEC- TRONIC MEANS OF COMMUNICATION. 6. PROCEDURE TO CONTEST. (A) EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONITORING SYSTEM, AND TOLLS BY MAIL PROGRAM SHALL PROMULGATE REGULATIONS ESTABLISHING A PROCEDURE BY WHICH A PERSON ALLEGED TO BE LIABLE FOR THE PAYMENT OF A TOLL OR A VIOLATION MAY (I) CONTEST SUCH ALLEGED LIABILITY, (II) SUBMIT THE CONTEST TO A HEARING, AND (III) HAVE THE RIGHT TO APPEAL. (B) EVERY TOLL BILL AND NOTICE OF VIOLATION SHALL ON ITS FACE ADVISE THE OWNER OF THE MANNER AND THE TIME IN WHICH TO CONTEST THE TOLL OR ANY VIOLATION AND ALSO CONTAIN A WARNING 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. 7. ADJUDICATION OF LIABILITY. ADJUDICATION OF AN OWNER'S LIABILITY SHALL BE BY THE ENTITY HAVING JURISDICTION OVER THE CASHLESS TOLLING FACILITY OR, WHERE AUTHORIZED, BY AN ADMINISTRATIVE TRIBUNAL; AND ALL SUCH LIABILITY DETERMINATIONS SHALL BE HEARD AND DETERMINED EITHER: (A) IN THE COUNTY IN WHICH THE OBLIGATION TO PAY A TOLL THROUGH THE CASHLESS TOLLING PROGRAM WAS ALLEGED TO OCCUR, OR (B) WHERE THE TOLL IS ALLEGED TO HAVE BEEN INCURRED IN NEW YORK CITY AND, UPON THE CONSENT OF BOTH PARTIES, IN ANY COUNTY WITHIN NEW YORK CITY IN WHICH THE PUBLIC AUTHORI- TY OPERATES OR MAINTAINS A CASHLESS TOLLING FACILITY. SUCH ADJUDICATIONS SHALL BE HEARD AND DETERMINED IN THE SAME MANNER AS CHARGES OF OTHER REGULATORY VIOLATIONS OF SUCH PUBLIC AUTHORITY OR PURSUANT TO THE RULES AND REGULATIONS OF SUCH ADMINISTRATIVE TRIBUNAL AS THE CASE MAY BE. 8. EVIDENCE OF OBLIGATION TO PAY A TOLL OR VIOLATION. (A) A CERTIF- ICATE SWORN TO OR AFFIRMED BY AN AGENT OF THE PUBLIC AUTHORITY WHICH CHARGED THAT A LIABILITY FOR AN OBLIGATION TO PAY A TOLL OR A VIOLATION HAS BEEN INCURRED, OR A FACSIMILE THEREOF BASED UPON INSPECTION OF RECORDED IMAGES PRODUCED BY A CASHLESS TOLLING MONITORING SYSTEM SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN AND SHALL BE ADMISSIBLE IN ANY PROCEEDING CHARGING A LIABILITY FOR A TOLL OR A VIOLATION PURSUANT TO THIS SECTION. (B) ANY SUCH RECORDED IMAGES AND CERTIFICATE EVIDENCING SUCH LIABILITY SHALL BE AVAILABLE TO THE OWNER UPON REQUEST FOR INSPECTION AND ADMIS- SION INTO EVIDENCE IN ANY PROCEEDING TO ADJUDICATE SUCH LIABILITY. (C) ANY LIABILITY IMPOSED PURSUANT TO THIS SECTION SHALL BE BASED UPON A PREPONDERANCE OF EVIDENCE AS SUBMITTED. 9. DEFENSES. IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A TOLL AND/OR VIOLATION THAT: (A) THE VEHICLE WAS NOT USED OR OPERATED IN VIOLATION OF THIS SECTION OR THE REGULATIONS PROMULGATED HEREUNDER; (B) THE VEHICLE WAS USED OR OPERATED WITHOUT THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED; (C) THE RECIPIENT OF A TOLL BILL OR NOTICE OF VIOLATION WAS NOT THE OWNER OF THE VEHICLE AT THE TIME THE OBLIGATION TO PAY THE TOLL OCCURRED; (D) THE VEHICLE HAD BEEN STOLEN PRIOR TO THE TIME THE OBLIGATION WAS INCURRED AND WAS NOT IN THE POSSESSION OF THE OWNER AT THE TIME THE OBLIGATION WAS INCURRED. FOR THE PURPOSES OF ASSERTING THIS DEFENSE, IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE IS SUBMITTED TO THE PUBLIC AUTHORITY, COURT OR OTHER ENTITY HAVING JURISDICTION; S. 4008--B 17 (E) THE VEHICLE HAD BEEN LEASED AT THE TIME THE OBLIGATION WAS INCURRED. FOR THE PURPOSE OF ASSERTING THIS DEFENSE, IT SHALL BE SUFFI- CIENT THAT A COPY OF THE RENTAL LEASE OR OTHER CONTRACT DOCUMENT COVER- ING THE VEHICLE ON THE DATE AND TIME THE TOLL WAS INCURRED IS SUBMITTED TO THE PUBLIC AUTHORITY, COURT OR OTHER ENTITY HAVING JURISDICTION WITH- IN THIRTY DAYS OF THE LESSOR RECEIVING THE ORIGINAL TOLL BILL OR NOTICE OF VIOLATION. SUCH DOCUMENT SHALL INCLUDE THE NAME AND ADDRESS OF THE LESSEE. FAILURE TO TIMELY SUBMIT SUCH INFORMATION SHALL CONSTITUTE A WAIVER OF THIS DEFENSE. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SECTION, THE LESSEE SHALL BE DEEMED TO BE THE OWNER OF THE VEHICLE FOR PURPOSES OF THIS SECTION AND SHALL BE SUBJECT TO LIABILITY PURSUANT TO THIS SECTION, PROVIDED THAT THE AUTHORITY MAILS A TOLL BILL TO THE LESSEE WITHIN TEN DAYS AFTER THE COURT OR OTHER ENTITY HAVING JURISDIC- TION, DEEMS THE LESSEE TO BE THE OWNER. 10. FINDING OF VIOLATION. (A) ANY LIABILITY IMPOSED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE MOTOR VEHICLE OPERATING RECORD, MAINTAINED BY THE COMMISSIONER OF MOTOR VEHICLES PURSUANT TO THE VEHICLE AND TRAFFIC LAW, 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. (B) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, ORDER, RULE OR REGULATION TO THE CONTRARY, NO REGISTRATION OF ANY NON-COMMERCIAL MOTOR VEHICLE MAY BE SUSPENDED, REVOKED OR DENIED RENEWAL RESULTING FROM AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY AS DESCRIBED IN THIS SECTION AND THE COMMISSIONER OF MOTOR VEHICLES SHALL NOT SUSPEND, REVOKE OR DENY RENEWAL OF THE REGISTRATION OF A NON-COMMERCIAL MOTOR VEHICLE RESULTING FROM AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY AS DESCRIBED IN THIS SECTION UNLESS SUCH OWNER IS FOUND LIABLE FOR FAILURE TO PAY OR RESPOND TO FIVE OR MORE NOTICES OF UNRELATED TOLL BILLS OR IS LIABLE FOR NO LESS THAN ONE HUNDRED FIFTY DOLLARS IN OUTSTANDING TOLL BILLS WITHIN AN EIGHTEEN MONTH PERIOD. 11. INDEMNIFICATION. ANY OWNER WHO IS FOUND LIABLE PURSUANT TO THIS SECTION WHO WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME THE OBLI- GATION TO PAY THE TOLL WAS INCURRED MAY MAINTAIN AN ACTION FOR INDEMNI- FICATION AGAINST THE OPERATOR. 12. DATA PROTECTION. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL IMAGES, VIDEOS AND OTHER RECORDED IMAGES COLLECTED BY THE AUTHORITY PURSUANT TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF SUCH AUTHORI- TY IN THE DISCHARGE OF ITS DUTIES UNDER THIS SECTION AND SHALL NOT BE OPEN TO THE PUBLIC NOR BE USED IN ANY COURT IN ANY ACTION OR PROCEEDING PENDING THEREIN UNLESS SUCH ACTION OR PROCEEDING RELATES TO THE IMPOSI- TION OF OR INDEMNIFICATION FOR LIABILITY PURSUANT TO THIS SECTION. (B) THE AUTHORITY, INCLUDING ANY SUBSIDIARY OR CONTRACTOR INVOLVED IN IMPLEMENTING OR OPERATING AN ELECTRONIC TOLL COLLECTION SYSTEM OR TOLLS BY MAIL PROGRAM, SHALL NOT SELL, DISTRIBUTE OR MAKE AVAILABLE IN ANY WAY, THE NAMES AND ADDRESSES OF ANY OWNER THAT PARTICIPATES IN THE TOLLS BY MAIL PROGRAM, PROVIDED THAT THE FOREGOING RESTRICTION SHALL NOT BE DEEMED TO PRECLUDE THE EXCHANGE OF SUCH INFORMATION BETWEEN ANY ENTITIES WITH JURISDICTION OVER OR OPERATING OF A CASHLESS TOLLING FACILITY FOR THE PURPOSE OF ADMINISTERING SUCH TOLLS BY MAIL PROGRAM. 13. DISPLAY OF TOLL CHARGES. ANY TOLL THAT WILL BE CHARGED FOR THE USAGE OF ANY BRIDGE, TUNNEL, ROAD, OR ANY OTHER ENTITY BY A PASSENGER MOTOR VEHICLE SHALL BE DISPLAYED CONSPICUOUSLY AND PROMINENTLY ON SIGNAGE OF A REASONABLE SIZE IN A MANNER REASONABLY CALCULATED TO PROVIDE AMPLE AND ADEQUATE NOTICE. S. 4008--B 18 14. DEBT COLLECTION. (A) ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PUBLIC AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY SHALL SELL OR TRANSFER ANY DEBT OWED TO THE PUBLIC AUTHORITY BY AN OWNER FOR A VIOLATION OF TOLL COLLECTION REGULATIONS TO A DEBT COLLECTION AGENCY UNLESS ONE YEAR HAS PASSED FROM THE DATE THE OWNER WAS FOUND LIABLE FOR THE VIOLATION OF TOLL COLLECTION REGULATIONS ASSOCIATED WITH SUCH DEBT, OR THE OWNER HAS A TOTAL DEBT OWED TO THE PUBLIC AUTHORITY OF FIVE HUNDRED DOLLARS OR MORE. THE AUTHORITY SHALL NOT SELL OR TRANSFER ANY DEBT TO A DEBT COLLECTION AGENCY UNLESS SUCH AUTHORITY HAS FIRST OBTAINED A DEFAULT JUDGMENT IN A COURT OR ADMINISTRATIVE TRIBUNAL WITH JURISDICTION OVER THE ASSESSED TOLL. (B) A NOTICE SHALL BE SENT BY FIRST-CLASS MAIL ADVISING THE OWNER THAT THE DEBT DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE SOLD OR TRANSFERRED BY THE AUTHORITY TO A DEBT COLLECTION AGENCY ON A SPECIFIED DATE NO LESS THAN THIRTY DAYS PRIOR TO SUCH SALE OR TRANSFER. 15. INSTALLMENT PAYMENT PLAN. EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONITORING SYSTEM, AND TOLLS BY MAIL PROGRAM SHALL PROMULGATE RULES AND REGULATIONS THAT ESTABLISH AN INSTALLMENT PAYMENT PLAN FOR THE PAYMENT OF ANY TOLL AND PENALTY INCURRED AT A CASHLESS TOLLING FACILITY. INFORMATION RELATED TO SUCH PLAN SHALL BE INCLUDED IN ANY TOLL BILL AND ANY NOTICE OF VIOLATION AND SHALL BE DISPLAYED CONSPICUOUSLY ON THE AUTHORITIES' WEBSITES. EACH OWNER, AT HIS OR HER ELECTION, MAY PARTICIPATE IN SUCH PLAN. THE PUBLIC AUTHORITY SHALL NOT CHARGE ANY ADDITIONAL FEES OR PENALTIES FOR ENROLL- MENT IN A PAYMENT PLAN. 16. ANNUAL REPORT. EVERY PUBLIC AUTHORITY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT ON THE TOLLS BY MAIL PROGRAM TO THE GOVERNOR, THE TEMPO- RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND POST ON ITS WEBSITE ON OR BEFORE THE FIRST DAY OF JUNE SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) THE LOCATIONS WHERE VEHICLE SENSORS FOR CASHLESS TOLLING MONITOR- ING SYSTEMS WERE USED; (B) THE AGGREGATE NUMBER OF TOLLS PAID AT THE LOCATIONS WHERE CASHLESS TOLLING FACILITIES WERE USED, INCLUDING BOTH THROUGH THE USE OF AN OPER- ABLE ELECTRONIC DEVICE AND THROUGH THE TOLLS BY MAIL PROGRAM; (C) THE NUMBER OF OWNERS THAT PAID THEIR TOLL THROUGH THE TOLLS BY MAIL PROGRAM; (D) THE NUMBER OF OWNERS THAT PAID THEIR TOLL UPON RECEIPT OF THE FIRST TOLL BILL; (E) THE NUMBER OF OWNERS THAT PAID THEIR TOLL UPON RECEIPT OF THE SECOND TOLL BILL; (F) THE NUMBER OF OWNERS THAT WERE CHARGED A FIVE DOLLAR FEE FOR LATE PAYMENT AND THE AGGREGATE AMOUNT OF FEES FOR LATE PAYMENT COLLECTED BY THE AUTHORITY; (G) THE NUMBER OF OWNERS THAT WERE CHARGED A PENALTY, THE AMOUNT OF THE PENALTY CHARGED TO OWNERS AND THE AGGREGATE AMOUNT OF PENALTIES COLLECTED BY THE AUTHORITY; (H) THE NUMBER OF OWNERS THAT DISPUTED THE TOLL BILL, THE NUMBER OF OWNERS THAT SUCCESSFULLY DISPUTED SUCH TOLL BILL AND AN ITEMIZED BREAK- DOWN OF THE REASONS FOR SUCCESSFULLY DISPUTED TOLLS; (I) THE NUMBER OF OWNERS THAT DISPUTED THE NOTICE OF VIOLATION AND THE NUMBER OF OWNERS THAT SUCCESSFULLY DISPUTED SUCH NOTICE OF VIOLATION; S. 4008--B 19 (J) THE NUMBER OF OWNERS THAT PAID THEIR TOLL UPON RECEIPT OF THE NOTICE OF VIOLATION; (K) THE AGGREGATE AMOUNT OF PENALTIES CHARGED TO OWNERS; (L) A COPY OF ALL REGULATIONS THE REPORTING AUTHORITY PROMULGATED PURSUANT TO THIS SECTION; (M) THE NUMBER OF TOLLS ADJUDICATED BY EVERY PUBLIC AUTHORITY AND COURT, INCLUDING ANY APPEAL OF SUCH ADJUDICATIONS, AND THE RESULTS OF ALL ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR TOLLS RECORDED BY SUCH SYSTEMS; (N) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH AUTHORITY FROM SUCH ADJUDICATIONS; (O) EXPENSES INCURRED BY SUCH AUTHORITY IN CONNECTION WITH THE TOLLS BY MAIL PROGRAM; (P) THE NATURE OF THE ADJUDICATION PROCESS AND ITS RESULTS; AND (Q) THE NUMBER OF OWNERS WHOSE TOLL BILLS AND VIOLATION NOTICES WERE RETURNED TO THE PUBLIC AUTHORITY AS UNDELIVERABLE. § 4. a. Within 90 days of the effective date of this act, the Tribor- ough Bridge and Tunnel Authority organized pursuant to section 552 of the public authorities law shall implement an amnesty program for non- commercial motor vehicles owned by persons who, with respect to any toll obligation incurred on or after November 1, 2016 and before May 1, 2022 at a cashless tolling facility operated by the authority, owe tolls, fines, fees, or penalties exceeding the schedule established pursuant to section 2985-a of the public authorities law; have been referred to a debt collection agency; or (3) have had their vehicle registration suspended. Such amnesty program shall be at least eight weeks in dura- tion and shall provide that upon an owner's payment or contesting the outstanding toll balance during the amnesty period the authority shall waive all fees, fines, and penalties associated with the outstanding toll balance, and the authority shall advise the commissioner of motor vehicles, in such form and manner that such commissioner shall have prescribed, that such person has responded and any registration suspen- sion shall be rescinded. b. The Triborough Bridge and Tunnel Authority shall undertake a public awareness campaign for such amnesty program, maintain a public website for any person to obtain information on any outstanding tolls and no later than 30 days preceding the commencement of the amnesty period, notify by first-class mail all persons with outstanding toll balances of their eligibility for the amnesty program. The authority shall provide for sufficient methods to pay the outstanding toll balances, including but not limited to, by phone, by mail, or through the internet. § 5. Subdivision 8 of section 402 of the vehicle and traffic law, as amended by chapter 451 of the laws of 2021, is amended and a new section 402-b is added 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 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 SHALL BE SUBJECT TO THE PROVISIONS OF SECTION FOUR HUNDRED TWO-B OF THIS ARTICLE AND SUBDIVISION FOUR-H OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER. § 402-B. OBSCURED AND OBSTRUCTED LICENSE PLATES; SEIZURE AND REMOVAL PROCEDURES. 1. (A) UPON MAKING AN ARREST OR UPON ISSUING A SUMMONS OR AN APPEARANCE TICKET FOR A VIOLATION OF SUBPARAGRAPH (II) OR SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS ARTICLE COMMITTED IN HIS OR HER PRESENCE, AN OFFICER MAY REMOVE OR S. 4008--B 20 ARRANGE FOR THE REMOVAL OF ANY COVERING OR COATING WITH ANY ARTIFICIAL OR SYNTHETIC MATERIAL OR SUBSTANCE AFFIXED OVER THE NUMBER PLATES WHICH CONCEALS OR OBSCURES THE ABILITY TO EASILY READ SUCH NUMBER PLATES OR THAT DISTORTS OR OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE. THE OWNER OF THE VEHICLE WHO SUCH NUMBER PLATES WERE ISSUED TO SHALL HAVE ONE WEEK FROM THE DATE SUCH VIOLATION IS ISSUED TO REMOVE ANY ARTIFICIAL OR SYNTHETIC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES OR TO PURCHASE NEW NUMBER PLATES. A SUMMONS SHALL NOT BE ISSUED IF, IN THE DISCRETION AND AT THE REQUEST OF SUCH OFFICER, THE DEFECT IS CORRECTED IN THE PRESENCE OF SUCH OFFICER. THE REFUSAL OF A POLICE OFFICER TO PERMIT THE REPAIR OF ANY DEFECT IN HIS OR HER PRESENCE SHALL NOT BE REVIEWABLE, AND SHALL NOT BE A DEFENSE TO ANY VIOLATION CHARGED IN A SUMMONS ISSUED PURSUANT TO THE PROVISIONS OF THIS SECTION. (B) ANY COMPLAINT ISSUED FOR ANY VIOLATION OF SUBPARAGRAPH (II) OR SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS ARTICLE IN WHICH THE COATING OR COVERING WAS NOT SEIZED MAY BE DISMISSED BY THE COURT BEFORE WHICH THE SUMMONS IS RETURN- ABLE IF THE VIOLATION AS SET FORTH IN THE SUMMONS IS CORRECTED NOT LATER THAN ONE-HALF HOUR AFTER SUNSET ON THE FIRST FULL BUSINESS DAY AFTER THE ISSUANCE OF THE SUMMONS AND PROOF OF SUCH CORRECTION IS SUBMITTED TO THE COURT. FOR THE PURPOSES OF THIS SUBDIVISION, "BUSINESS DAY" SHALL MEAN ANY CALENDAR DAY EXCEPT SATURDAY AND SUNDAY, OR THE FOLLOWING BUSINESS HOLIDAYS: NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPEND- ENCE DAY, LABOR DAY, COLUMBUS DAY, VETERANS' DAY, THANKSGIVING DAY, AND CHRISTMAS DAY. 2. FOR PURPOSES OF THIS SECTION: (A) THE TERM "OWNER" SHALL MEAN AN OWNER AS DEFINED IN SECTION ONE HUNDRED TWENTY-EIGHT AND IN SUBDIVISION THREE OF SECTION THREE HUNDRED EIGHTY-EIGHT OF THIS CHAPTER. (B) THE TERM "TERMINATION OF THE PROCEEDING" SHALL MEAN THE EARLIEST OF (I) THIRTY-ONE DAYS FOLLOWING THE IMPOSITION OF SENTENCE; OR (II) THE DATE OF ACQUITTAL OF A PERSON ARRESTED FOR AN OFFENSE OR DATE OF DISMISSAL OF A COMPLAINT; OR (III) WHERE LEAVE TO FILE NEW CHARGES OR TO RESUBMIT THE CASE IS REQUIRED AND HAS NOT BEEN GRANTED, THIRTY-ONE DAYS FOLLOWING THE DISMISSAL OF THE LAST ACCUSATORY INSTRUMENT FILED IN THE CASE, OR, IF APPLICABLE, UPON EXPIRATION OF THE TIME GRANTED BY THE COURT OR TRIBUNAL OR PERMITTED BY STATUTE FOR FILING NEW CHARGES OR RESUBMITTING THE CASE; OR (IV) WHERE LEAVE TO FILE NEW CHARGES OR TO RESUBMIT THE CASE IS NOT REQUIRED, THIRTY-ONE DAYS FOLLOWING THE DISMISSAL OF THE LAST ACCUSATORY INSTRUMENT FILED IN THE CASE, OR, IF APPLICABLE, UPON EXPIRATION OF THE TIME GRANTED BY THE COURT OR PERMIT- TED BY STATUTE FOR FILING NEW CHARGES OR RESUBMITTING THE CASE; OR (V) THE DATE WHEN, PRIOR TO THE FILING OF AN ACCUSATORY INSTRUMENT AGAINST A PERSON CHARGED WITH A VIOLATION OF SUBPARAGRAPH (II) OR SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS ARTICLE, THE PROSECUTING AUTHORITY ELECTS NOT TO PROSECUTE SUCH PERSON. 3. ANY COVERING OR COATING WITH ANY ARTIFICIAL OR SYNTHETIC MATERIAL OR SUBSTANCE AFFIXED OVER THE NUMBER PLATES WHICH CONCEALS OR OBSCURES THE ABILITY TO EASILY READ SUCH NUMBER PLATES OR THAT DISTORTS OR OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE WHICH HAS BEEN OR IS BEING USED IN VIOLATION OF SUBPARAGRAPH (II) OR SUBPARAGRAPH (III) OF PARA- GRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS ARTICLE MAY BE SEIZED BY ANY PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER, AND FORFEITED AS HEREINAFTER PROVIDED IN THIS SECTION. S. 4008--B 21 4. ANY COVERING OR COATING WITH ANY ARTIFICIAL OR SYNTHETIC MATERIAL OR SUBSTANCE AFFIXED OVER THE NUMBER PLATES WHICH CONCEALS OR OBSCURES THE ABILITY TO EASILY READ SUCH NUMBER PLATES OR THAT DISTORTS OR OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE MAY BE SEIZED UPON SERVICE OF A NOTICE OF VIOLATION UPON THE OWNER OR OPERATOR OF A VEHICLE. THE SEIZED COVERING OR COATING SHALL BE DELIVERED BY THE OFFICER HAVING MADE THE SEIZURE TO THE CUSTODY OF THE DISTRICT ATTORNEY OF THE COUNTY WHERE- IN THE SEIZURE WAS MADE, EXCEPT THAT IN THE CITIES OF NEW YORK, YONKERS, ROCHESTER AND BUFFALO THE SEIZED COVERING OR COATING SHALL BE DELIVERED TO THE CUSTODY OF THE POLICE DEPARTMENT OF SUCH CITIES AND SUCH COVERING OR COATING SEIZED BY A MEMBER OR MEMBERS OF THE STATE POLICE SHALL BE DELIVERED TO THE CUSTODY OF THE SUPERINTENDENT OF STATE POLICE, TOGETHER WITH A REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE SEIZURE. WITHIN ONE BUSINESS DAY AFTER THE SEIZURE, NOTICE OF SUCH VIOLATION AND A COPY OF THE NOTICE OF VIOLATION SHALL BE MAILED TO THE OWNER OF THE MOTOR VEHICLE ON WHICH THE COVERING OR COATING WAS AFFIXED AT THE ADDRESS FOR SUCH OWNER SET FORTH IN THE RECORDS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES OR, FOR VEHICLES NOT REGISTERED IN NEW YORK STATE, SUCH EQUIVALENT RECORD IN SUCH STATE OF REGISTRATION. 5. (A) THE ATTORNEY GENERAL, IN SEIZURES BY MEMBERS OF THE STATE POLICE, OR THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN THE SEIZURE IS MADE IF ELSEWHERE THAN IN THE CITIES OF NEW YORK, YONKERS, ROCHESTER OR BUFFALO, OR WHERE THE SEIZURE IS MADE IN SUCH CITIES THE CORPORATION COUNSEL OF THE CITY, SHALL INQUIRE INTO THE FACTS OF THE SEIZURE SO REPORTED TO HIM OR HER. IF IT APPEARS THAT THERE IS A BASIS FOR THE COMMENCEMENT AND PROSECUTION OF A CRIME OR TRAFFIC INFRACTION PURSUANT TO THIS SECTION, THE COVERING OR COATING WHICH IS THE SUBJECT OF SUCH PROCEEDINGS SHALL REMAIN IN THE CUSTODY OF SUCH DISTRICT ATTORNEY, POLICE DEPARTMENT OR SUPERINTENDENT OF STATE POLICE, AS APPLICABLE, PENDING THE FINAL DETERMINATION OF SUCH PROCEEDINGS. (B) TO THE EXTENT APPLICABLE, THE PROCEDURES OF ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES SHALL GOVERN PROCEEDINGS AND ACTIONS UNDER THIS SECTION. 6. NOTICE OF THE SEIZURE OF THE COVERING OR COATING SHALL BE SERVED BY PERSONAL SERVICE PURSUANT TO THE CIVIL PRACTICE LAW AND RULES UPON ALL OWNERS OF THE SEIZED MOTOR VEHICLE LISTED IN THE RECORDS MAINTAINED BY THE DEPARTMENT, OR FOR VEHICLES NOT REGISTERED IN NEW YORK STATE, IN THE RECORDS MAINTAINED BY THE STATE OF REGISTRATION. 7. NO ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL BE INSTI- TUTED UNLESS SUCH ACTION IS COMMENCED WITHIN TWO YEARS AFTER THE TIME WHEN THE COATING OR COVERING WAS SEIZED. 8. THE MUNICIPAL POLICE TRAINING COUNCIL AS ESTABLISHED PURSUANT TO ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW, AND THE SUPERINTENDENT OF STATE POLICE, MAY DEVELOP, MAINTAIN AND DISSEMINATE, A MODEL LAW ENFORCEMENT PROPERTY DISPOSAL POLICY SETTING FORTH RECOMMENDED POLICIES AND PROCEDURES REGARDING DISPOSAL OF COATINGS OR COVERINGS SEIZED PURSU- ANT TO THIS SECTION. § 6. Section 510 of the vehicle and traffic law is amended by adding a new subdivision 4-h to read as follows: 4-H. SUSPENSION OF REGISTRATION FOR FAILURE TO COMPLY WITH REMOVING ANY ARTIFICIAL OR SYNTHETIC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES NUMBER PLATES OR THE PURCHASE OF NEW NUMBER PLATES. UPON THE RECEIPT OF A NOTIFICATION FROM A COURT OR AN ADMINISTRATIVE TRIBUNAL THAT AN OWNER OF A MOTOR VEHICLE FAILED TO COMPLY WITH THE PROVISIONS OF SECTION FOUR HUNDRED TWO-B OF THIS CHAPTER, THE COMMISSIONER OR HIS OR HER AGENT SHALL SUSPEND THE REGISTRATION OF THE VEHICLE INVOLVED IN THE S. 4008--B 22 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 SECTION. § 7. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however that sections two, three, five and six of this act shall expire 5 years after such effective date when upon such date such 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 effective date are authorized to be made and completed on or before such effective 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 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 FERRY the collection or handling of revenues therefrom; a person whose official duties include the maintenance, repair, inspection, troubleshooting, testing or cleaning of buses[,] OR FERRIES, 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, A FERRY STATION, or a train or bus station or terminal; or a supervisor of such personnel, employed by any transit or commuter rail agency, authority or S. 4008--B 23 company, public or private, whose operation is authorized by New York state or any of its political subdivisions, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforce- ment agent, FERRY WORKER, MOTOR VEHICLE LICENSE EXAMINER, MOTOR VEHICLE REPRESENTATIVE, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGH- TEEN-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, prosecutor as defined in subdivi- sion thirty-one of section 1.20 of the criminal procedure law, sanita- tion enforcement agent, New York city sanitation worker, public health sanitarian, New York city public health sanitarian, registered nurse, licensed practical nurse, emergency medical service paramedic, or emer- gency medical service technician, he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner, 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 FERRY the collection or handling of revenues therefrom; a person whose official duties include the maintenance, repair, inspection, troubleshooting, testing or cleaning of buses OR FERRIES, 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, A FERRY STATION, or a train or bus station or terminal; or a supervisor of such personnel, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traf- fic enforcement agent, FERRY WORKER, 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, while such employee is performing an assigned duty on, or directly related to, the operation of a train [or], bus, OR FERRY, cleaning of a train or bus station or terminal, assisting customers, CHECKING TRAFFIC, the sale or collection of tick- ets, passes, vouchers, or other revenue media for use on a train [or], bus OR FERRY, or maintenance or cleaning of a FERRY, 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, FERRY WORKER, 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 S. 4008--B 24 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 is performing an assigned duty; or § 2. The vehicle and traffic law is amended by adding two new sections 124 and 124-a to read as follows: § 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. § 3. The vehicle and traffic law is amended by adding a new section 1221-a to read as follows: § 1221-A. ENDANGERMENT OF A HIGHWAY WORKER. 1. A DRIVER OF A MOTOR VEHICLE COMMITS ENDANGERMENT OF A HIGHWAY WORKER IF THE DRIVER IS OPER- ATING A MOTOR VEHICLE WITHIN A WORK AREA AS DEFINED IN SECTION ONE HUNDRED SIXTY-ONE OF THIS CHAPTER AT ANY TIME ONE OR MORE HIGHWAY WORK- ERS ARE IN THE WORK AREA AND DOES ANY OF THE FOLLOWING: (A) ENTERS A WORK AREA IN ANY LANE NOT CLEARLY DESIGNATED FOR USE BY MOTOR VEHICLES; OR (B) FAILS TO OBEY TRAFFIC CONTROL DEVICES CONTROLLING THE FLOW OF MOTOR VEHICLES THROUGH THE WORK AREA FOR ANY REASON OTHER THAN: (I) AN EMERGENCY; (II) THE AVOIDANCE OF AN OBSTACLE; OR (III) THE PROTECTION OF THE HEALTH AND SAFETY OF ANOTHER PERSON. 2. (A) A DRIVER OF A MOTOR VEHICLE WHO VIOLATES THIS SECTION SHALL BE GUILTY OF A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS AND NOT LESS THAN FIVE HUNDRED DOLLARS OR BY IMPRISON- MENT FOR NOT MORE THAN FIFTEEN DAYS OR BY BOTH SUCH FINE AND IMPRISON- MENT. (B) A DRIVER OF A MOTOR VEHICLE WHO CAUSES PHYSICAL INJURY AS DEFINED IN ARTICLE TEN OF THE PENAL LAW TO A HIGHWAY WORKER IN THE WORK AREA WHILE VIOLATING SUBDIVISION ONE OF THIS SECTION SHALL BE GUILTY OF A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS AND NOT LESS THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT. (C) A DRIVER OF A MOTOR VEHICLE WHO CAUSES SERIOUS PHYSICAL INJURY AS DEFINED IN ARTICLE TEN OF THE PENAL LAW TO A HIGHWAY WORKER IN THE WORK AREA WHILE VIOLATING SUBDIVISION ONE OF THIS SECTION SHALL BE GUILTY OF A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS AND NOT LESS THAN TWO THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN NINETY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT. 3. IN ANY CASE WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A VIOLATION OF THIS SECTION, ANY PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE THE FINE IMPOSED PURSUANT TO THIS SECTION AND NO OTHER PLEA OF GUILTY TO ANY OTHER CHARGE IN SATIS- FACTION OF SUCH CHARGE SHALL BE AUTHORIZED; PROVIDED, HOWEVER, IF THE PROSECUTING ATTORNEY, UPON REVIEWING THE AVAILABLE EVIDENCE, DETERMINES THAT THE CHARGE OF A VIOLATION OF THIS SECTION IS NOT WARRANTED, SUCH PROSECUTING ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A DISPOSITION BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE; PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH UPON THE S. 4008--B 25 RECORD THE BASIS FOR SUCH DISPOSITION. SUCH FINE SHALL NOT BE WAIVED OR REDUCED BELOW THE MINIMUM AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION. SIXTY PERCENT OF FINES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID TO THE WORK ZONE SAFETY FUND ESTABLISHED BY SECTION NINETY-NINE- QQ OF THE STATE FINANCE LAW. 4. NO PERSON SHALL BE GUILTY OF ENDANGERMENT OF A HIGHWAY WORKER FOR ANY ACT OR OMISSION OTHERWISE CONSTITUTING A VIOLATION UNDER THIS SECTION IF THE ACT OR OMISSION RESULTS, IN WHOLE OR IN PART, FROM MECHANICAL FAILURE OF THE PERSON'S MOTOR VEHICLE OR FROM THE NEGLIGENCE OF A HIGHWAY WORKER OR ANOTHER PERSON. 5. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE IMPOSITION OF A CHARGE OF ANY OTHER OFFENSE SET FORTH IN THIS OR ANY OTHER PROVISION OF LAW FOR ANY ACTS ARISING OUT OF THE SAME INCIDENT. § 4. The vehicle and traffic law is amended by adding a new section 1221-b to read as follows: § 1221-B. WORK AREA SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, UPON CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION, THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER, THE CHAIRMAN OF THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCEMENT AGENCIES, AND REPRESENTATIVES FOR CONTRACTORS, LABORERS, AND PUBLIC EMPLOYEES, SHALL DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE MOTORIST AWARENESS OF THE IMPORTANCE OF HIGHWAY WORK AREA SAFE- TY, TO REDUCE THE NUMBER OF WORK AREA INCIDENTS, INCLUDING SPEEDING, UNAUTHORIZED INTRUSIONS INTO WORK AREAS, AND ANY CONDUCT RESULTING IN HAZARDS OR INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK AREA SAFETY. § 5. Section 161 of the vehicle and traffic law, as added by chapter 92 of the laws of 1984 and as renumbered by chapter 303 of the laws of 2014, is amended to read as follows: § 161. Work area OR WORK ZONE. [That part of a highway being used or occupied for the conduct of highway work, within which workers, vehi- cles, equipment, materials, supplies, excavations, or other obstructions are present.] THE AREA OF A HIGHWAY, BRIDGE, SHOULDER, MEDIAN, OR ASSO- CIATED RIGHT-OF-WAY, WHERE CONSTRUCTION, MAINTENANCE, UTILITY WORK, ACCIDENT RESPONSE, OR OTHER INCIDENT RESPONSE IS BEING PERFORMED. THE WORK AREA MUST BE MARKED BY SIGNS, TRAFFIC CONTROL DEVICES, TRAFFIC CONTROL SIGNALS, BARRIERS, PAVEMENT MARKINGS, AUTHORIZED EMERGENCY VEHI- CLES, OR HAZARD VEHICLES, AND EXTENDS FROM THE FIRST TRAFFIC CONTROL DEVICE ERECTED FOR PURPOSES OF CONTROLLING THE FLOW OF MOTOR VEHICLES THROUGH THE WORK AREA, INCLUDING SIGNS REDUCING THE NORMAL SPEED LIMIT BUT EXCLUDING SIGNS NOTIFYING MOTORISTS OF AN IMPENDING SPEED LIMIT REDUCTION, TO THE "END ROAD WORK" SIGN OR THE LAST TEMPORARY TRAFFIC CONTROL DEVICE. THE SIGNS, TRAFFIC CONTROL DEVICES, TRAFFIC CONTROL SIGNALS, BARRIERS, PAVEMENT MARKINGS, OR AUTHORIZED EMERGENCY VEHICLES, OR HAZARD VEHICLES MUST MEET DEPARTMENT OF TRANSPORTATION STANDARDS AND THE PROVISIONS OF THIS CHAPTER, AND MUST BE INSTALLED PROPERLY SO THAT THEY ARE CLEARLY VISIBLE TO MOTORISTS IN ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. § 6. The vehicle and traffic law is amended by adding a new section 118-a to read as follows: § 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE STATE, A COUNTY, CITY, TOWN OR VILLAGE, A PUBLIC AUTHORITY, A LOCAL AUTHORITY, OR A PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY, INCLUDING MAINTENANCE, REPAIR, FLAGGING, UTILITY WORK, INSPECTION, CONSTRUCTION, RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC HIGHWAY S. 4008--B 26 INFRASTRUCTURE AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF THIS ARTICLE. § 7. Section 22 of the transportation law, as added by chapter 223 of the laws of 2005, is amended to read as follows: § 22. Work zone safety and enforcement. The department shall, in coop- eration with the superintendent of state police, the commissioner of motor vehicles, the chairman of the New York state thruway authority, local law enforcement agencies and representatives for contractors [and] , laborers AND PUBLIC EMPLOYEES, develop and implement rules and regu- lations for the increased safety of work zones. Such rules and regu- lations shall include, but shall not be limited to, a police presence at all major active work zones as defined by rules and regulations set forth by the commissioner, the use of radar speed display signs at all major active work zones as defined by rules and regulations set forth by the commissioner, and a system for reviewing work zone safety and design for all work zones under the jurisdiction of the department. § 8. The state finance law is amended by adding a new section 99-qq to read as follows: § 99-QQ. WORK ZONE SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "WORK ZONE SAFETY FUND". 2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE, ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO BE PAID INTO OR CREDITED TO SUCH FUND, COLLECTED BY THE MANDATORY FINES IMPOSED PURSUANT TO SECTION TWELVE HUNDRED TWENTY-ONE-A OF THE VEHICLE AND TRAFFIC LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED, OR TRANS- FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. ANY INTER- EST RECEIVED BY THE COMPTROLLER ON MONIES ON DEPOSIT IN THE WORK ZONE SAFETY FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND. 3. MONIES OF THE FUND SHALL, FOLLOWING APPROPRIATION BY THE LEGISLA- TURE, BE DISBURSED TO PROVIDE WORK ZONE SAFETY ENFORCEMENT, WORK ZONE MARKINGS, RADAR SPEED DISPLAY SIGNS, AND POLICE MONITORING OF WORK ZONES PURSUANT TO SECTION TWENTY-TWO OF THE TRANSPORTATION LAW. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES LISTED IN THIS PARAGRAPH, AND SHALL NOT BE USED TO SUPPLANT ANY OTHER FUNDS WHICH WOULD OTHERWISE HAVE BEEN EXPENDED FOR WORK ZONE SAFETY AND ENFORCEMENT, INCLUDING WITH- OUT LIMITATION WORK ZONE SAFETY ENFORCEMENT, WORK ZONE MARKINGS, RADAR SPEED DISPLAY SIGNS, AND POLICE MONITORING OF WORK ZONES. 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMPTROLLER. 5. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK- ER OF THE ASSEMBLY, AND CHAIRS OF THE ASSEMBLY AND SENATE TRANSPORTATION COMMITTEES, THE AMOUNT OF MONEY DEPOSITED IN THE WORK ZONE SAFETY FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE DERIVED PURSUANT TO SECTION ONE THOUSAND TWO HUNDRED TWENTY-ONE-A OF THE VEHICLE AND TRAFFIC LAW. 6. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE DIRECTOR OF THE DIVISION OF BUDGET, IN CONSULTATION WITH THE RELEVANT AGENCIES AND AUTHORITIES, SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE AND ASSEMBLY TRANSPORTATION COMMITTEES, THE STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE: S. 4008--B 27 (I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS USED FOR SUCH DISBURSEMENTS; (II) RECIPIENTS OF DISBURSEMENTS FROM THE FUND; (III) THE AMOUNT AWARDED TO EACH; (IV) THE PURPOSES FOR WHICH SUCH DISBURSEMENTS WERE MADE; AND (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI- MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED- ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS OF THE PRIOR FISCAL YEAR. § 9. 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. S. 4008--B 28 (IV) ANY ORDER ISSUED PURSUANT TO THIS PARAGRAPH, WHETHER IMPOSING A BAN OR MODIFYING ONE, SHALL BE SERVED ON THE METROPOLITAN TRANSPORTATION AUTHORITY AS DIRECTED BY THE COURT. (V) THE METROPOLITAN TRANSPORTATION AUTHORITY SHALL NOT USE FACIAL RECOGNITION TECHNOLOGY TO ENFORCE ANY ORDER ISSUED PURSUANT TO THIS PARAGRAPH. § 2. This act shall take effect immediately. PART J Section 1. Section 3 of part FF of chapter 55 of the laws of 2017, relating to motor vehicles equipped with autonomous vehicle technology, as amended by section 1 of part 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. § 1-a. Subdivision a of section 1 of part FF of chapter 55 of the laws of 2017, relating to motor vehicles equipped with autonomous vehicle technology, as amended by section 1 of part H of chapter 58 of the laws of 2018, is amended to read as follows: a. Notwithstanding the provisions of section 1226 of the vehicle and traffic law, the New York state commissioner of motor vehicles may approve demonstrations and tests consisting of the operation of a motor vehicle equipped with autonomous vehicle technology AND VEHICLE TO VEHI- CLE COMMUNICATION TECHNOLOGY while such motor vehicle is engaged in the use of such technology on public highways within this state for the purposes of demonstrating and assessing the current development of autonomous vehicle technology AND VEHICLE TO VEHICLE COMMUNICATION TECH- NOLOGY and to begin identifying potential impacts of such technology on safety, traffic control, traffic enforcement, emergency services, and such other areas as may be identified by such commissioner. Provided, however, that such demonstrations and tests shall only take place under the direct supervision of the New York state police, in a form and manner prescribed by the superintendent of the New York state police. Additionally, a law enforcement interaction plan shall be included as part of the demonstration and test application that includes information for law enforcement and first responders regarding how to interact with such a vehicle in emergency and traffic enforcement situations. Such demonstrations and tests shall take place in a manner and form prescribed by the commissioner of motor vehicles including, but not limited to: a requirement that a natural person holding a valid license for the operation of the motor vehicle's class be present within such vehicle for the duration of the time it is operated on public highways; a requirement that the motor vehicle utilized in such demonstrations and tests complies with all applicable federal motor vehicle safety stand- ards and New York state motor vehicle inspection standards; and a requirement that the motor vehicle utilized in such demonstrations and tests has in place, at a minimum, financial security in the amount of five million dollars. Nothing in this act shall authorize the motor vehicle utilized in such demonstrations and tests to operate in violation of article 22 or title 7 of the vehicle and traffic law, excluding section 1226 of such law. § 2. This act shall take effect immediately; provided, however, that the amendments to subdivision a of section 1 of part FF of chapter 55 of the laws of 2017 made by section 1-a of this act shall not affect the S. 4008--B 29 expiration of such subdivision and shall expire and be deemed repealed therewith. 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 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 S. 4008--B 30 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. This act enacts into law components of legislation relat- ing to impaired driving regulations and penalties. Each component is wholly contained within a Subpart identified as Subparts A through C. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. 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. SUBPART B Section 1. Legislative findings. The legislature hereby finds and declares: 1. In 2009, New York adopted "Leandra's Law" to require, as a condi- tion of sentence, that all individuals convicted of the crime of driving S. 4008--B 31 while intoxicated install an ignition interlock device (IID) for a spec- ified time in any vehicle they own or operate. Fifteen years later, despite the mandate, only three in ten offenders actually install an IID. 2. In addition, although the penalty model based predominantly on license revocation persists, far too many offenders continue to drive even after losing their license privilege, and a significant number of them continue to drive under the influence of alcohol. The consensus among highway safety experts is that well over fifty percent, and as many as eighty percent, of revoked drivers continue to drive while unli- censed. 3. IIDs are designed to do two things: (1) protect the public by preventing drunk driving events; and (2) alter driver behavior to reduce recidivism. Numerous studies have shown IIDs to be overwhelmingly effec- tive on both counts: (a) Public safety. Between December 1, 2006 and December 31, 2020, IID installation stopped 3.8 million drivers nationally from attempting to drive while legally intoxicated (.08+) and foiled an additional 25.4 million drivers from attempting to drive after consuming enough alcohol to trigger the IID's set point. Over the same time period in New York - even despite the poor compliance rate - IIDs prevented more than 111,000 legally drunk drivers and foiled an additional 439,427 attempts by convicted drunk drivers who attempted to start a vehicle after consuming alcohol. (b) Reduced recidivism. A 2016 University of Pennsylvania study found that alcohol-related fatalities decreased by 15% in states with all-of- fender interlock laws. Similarly, a 2016 California study concluded that ignition interlock devices are seventy-four percent more effective in reducing DWI recidivism than license suspension alone during the first six months after conviction and forty-five percent more effective over the course of a year. 4. Given the empirical data that favors the use of the IID as a condi- tion of sentence, either in conjunction with or instead of license revo- cation, the legislature finds that New York has fallen significantly behind other states that utilize IIDs to promote public safety and support rehabilitative efforts. Accordingly, the legislature declares that to further advance public safety, New York must adopt best prac- tices consistent with the data for model use of the ignition interlock device as a proven method for saving lives and promoting rehabilitation. § 2. Paragraph (c) of subdivision 1 of section 1193 of the vehicle and traffic law, as amended by chapter 169 of the laws of 2013, and subparagraph (ii-a) as added by chapter 191 of the laws of 2014, is amended to read as follows: (c) Felony offenses. (i) A person who operates a vehicle (A) in violation of subdivision two, two-a, three, four or four-a of section eleven hundred ninety-two of this article after having been convicted of a violation of subdivision two, two-a, three, four or four-a of such section or of vehicular assault in the second or first degree, as defined, respectively, in sections 120.03 and 120.04 and aggravated vehicular assault as defined in section 120.04-a of the penal law or of vehicular manslaughter in the second or first degree, as defined, respectively, in sections 125.12 and 125.13 and aggravated vehicular homicide as defined in section 125.14 of such law, within the preceding ten years, or (B) in violation of paragraph (b) of subdivision two-a of section eleven hundred ninety-two of this article shall be guilty of a class E felony, and shall be punished by a fine of not less than one S. 4008--B 32 thousand dollars nor more than five thousand dollars or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment. (ii) A person who operates a vehicle in violation of subdivision two, two-a, three, four or four-a of section eleven hundred ninety-two of this article after having been convicted of a violation of subdivision two, two-a, three, four or four-a of such section or of vehicular assault in the second or first degree, as defined, respectively, in sections 120.03 and 120.04 and aggravated vehicular assault as defined in section 120.04-a of the penal law or of vehicular manslaughter in the second or first degree, as defined, respectively, in sections 125.12 and 125.13 and aggravated vehicular homicide as defined in section 125.14 of such law, twice within the preceding ten years, shall be guilty of a class D felony, and shall be punished by a fine of not less than two thousand dollars nor more than ten thousand dollars or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment. (ii-a) A person who operates a vehicle in violation of subdivision two, two-a, three, four or four-a of section eleven hundred ninety-two of this article after having been convicted of a violation of subdivi- sion two, two-a, three, four or four-a of such section or of vehicular assault in the second or first degree, as defined, respectively, in sections 120.03 and 120.04 and aggravated vehicular assault as defined in section 120.04-a of the penal law or of vehicular manslaughter in the second or first degree, as defined, respectively, in sections 125.12 and 125.13 and aggravated vehicular homicide as defined in section 125.14 of such law, three or more times within the preceding fifteen years, shall be guilty of a class D felony, and shall be punished by a fine of not less than two thousand dollars nor more than ten thousand dollars or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment. [(iii) In addition to the imposition of any fine or period of impri- sonment set forth in this paragraph, the court shall also sentence such person convicted of, or adjudicated a youthful offender for, a violation of subdivision two, two-a or three of section eleven hundred ninety-two of this article to a period of probation or conditional discharge, as a condition of which it shall order such person to install and maintain, in accordance with the provisions of section eleven hundred ninety-eight of this article, an ignition interlock device in any motor vehicle owned or operated by such person during the term of such probation or condi- tional discharge imposed for such violation of section eleven hundred ninety-two of this article and in no event for a period of less than twelve months; provided, however, that such period of interlock restriction shall terminate upon submission of proof that such person installed and maintained an ignition interlock device for at least six months, unless the court ordered such person to install and maintain a ignition interlock device for a longer period as authorized by this subparagraph and specified in such order. The period of interlock restriction shall commence from the earlier of the date of sentencing, or the date that an ignition interlock device was installed in advance of sentencing. Provided, however, the court may not authorize the opera- tion of a motor vehicle by any person whose license or privilege to operate a motor vehicle has been revoked pursuant to the provisions of this section.] S. 4008--B 33 § 3. Paragraph (g) of subdivision 1 of section 1193 of the vehicle and traffic law, as amended by section 57 of part A of chapter 56 of the laws of 2010, is amended to read as follows: (g) CONDITION OF PROBATION AND CONDITIONAL DISCHARGE; IGNITION INTER- LOCK DEVICE REQUIREMENTS; ALTERNATIVE SENTENCE AUTHORIZED. (1) DEFI- NITIONS. FOR THE PURPOSES OF PARAGRAPHS (G) THROUGH (M) OF THIS SUBDIVI- SION, THE TERMS DEFINED IN SUBDIVISION ONE-A OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE SHALL BE APPLICABLE. (2) IGNITION INTERLOCK DEVICE; SENTENCE. IN ADDITION TO THE IMPOSI- TION OF ANY FINE OR PERIOD OF IMPRISONMENT AS SET FORTH IN THIS SUBDIVI- SION AND TO ANY LICENSE SANCTION IMPOSED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE COURT SHALL SENTENCE SUCH PERSON CONVICTED OF, OR ADJUDICATED A YOUTHFUL OFFENDER FOR, A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE TO A PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, THE CONDI- TIONS OF WHICH SHALL INCLUDE THE FOLLOWING: (I) AN EXPRESS PROHIBITION ON THE OPERATION OF ANY MOTOR VEHICLE WITH- OUT A FUNCTIONING IGNITION INTERLOCK DEVICE FROM A QUALIFIED MANUFACTUR- ER FOR A PERIOD OF TWELVE MONTHS OR LONGER, PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH AND PARAGRAPH (C) OF SUBDIVISION ONE-A OF THIS SECTION, AND WHICH SHALL RUN CONCURRENTLY WITH ANY PERIOD OF LICENSE SANCTION; AND (II) SUCH PERSON SHALL INSTALL AND MAINTAIN IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, AN IGNITION INTERLOCK DEVICE IN ANY MOTOR VEHICLE OPERATED BY SUCH PERSON FOR A PERIOD OF TWELVE MONTHS OR LONGER AS SET FORTH IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH, INCLUDING THE ONE HUNDRED EIGHTY DAYS AFTER A LICENSE HAS BEEN RESTORED; PROVIDED, HOWEVER, A CERTIFICATE OF COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED SUCH MOTOR VEHICLE FREE OF ANY EVENTS AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION FOR A PERIOD OF ONE HUNDRED TWENTY CONSECUTIVE DAYS AFTER THE RESTORATION OF THE OPERATOR'S LICENSE, SHALL BE DEEMED TO HAVE SATISFIED THE CONDITIONS OF PROBATION OR CONDITIONAL DISCHARGE RELATING TO THE IGNITION INTERLOCK REQUIREMENTS SET FORTH IN THIS PARAGRAPH. THE PERIOD OF INTERLOCK RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH IGNITION INTERLOCK DEVICE SHALL HAVE BEEN INSTALLED. (3) IGNITION INTERLOCK DEVICE; ALTERNATIVE SENTENCE. NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH TWO OF THIS PARAGRAPH AND SUBDIVISION TWO OF THIS SECTION RELATING TO LICENSE SANCTIONS, A COURT MAY, UPON MOTION OF THE DEFENDANT, IMPOSE AN ALTERNATIVE SENTENCE UPON SUCH PERSON CONVICTED OF, OR ADJUDICATED A YOUTHFUL OFFENDER FOR, A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE OR FOUR-A OF SECTION ELEVEN HUNDRED NINE- TY-TWO OF THIS ARTICLE, A PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, THE CONDITIONS OF WHICH SHALL INCLUDE THE FOLLOWING: (I) A CONDITIONAL WAIVER OF THE LICENSE SANCTION PROVISIONS OF SUBDI- VISION TWO OF THIS SECTION; (II) AN EXPRESS PROHIBITION FROM OPERATING ANY VEHICLE WITHOUT A FUNC- TIONING IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWELVE MONTHS OR LONG- ER PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH AND PARAGRAPH (C) OF SUBDIVISION ONE-A OF THIS SECTION; AND (III) AN ORDER THAT SUCH PERSON INSTALL AND MAINTAIN, IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTI- CLE, AN IGNITION INTERLOCK DEVICE IN ANY MOTOR VEHICLE OWNED OR OPERATED BY SUCH PERSON FOR A PERIOD OF TWELVE MONTHS OR LONGER, AS SET FORTH IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH; PROVIDED, HOWEVER, A CERTIFICATE OF COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED THE MOTOR VEHICLE S. 4008--B 34 FREE OF ANY EVENTS AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION FOR A PERIOD OF THREE HUNDRED CONSECUTIVE DAYS SHALL BE DEEMED TO HAVE SATISFIED THE CONDITIONS OF PROBATION OR CONDITIONAL DISCHARGE RELATING TO THE IGNITION INTERLOCK REQUIREMENTS AS SET FORTH IN THIS PARAGRAPH. THE PERIOD OF INTERLOCK RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH IGNITION INTERLOCK DEVICE SHALL HAVE BEEN INSTALLED. THE ALTERNATIVE SENTENCE SET FORTH HEREIN MAY BE REVOKED BY THE COURT FOR CAUSE. THIS SENTENCE NOT BE IMPOSED ON ANY OFFENDER WHO IS SUBJECT TO THE ADDITIONAL PENALTIES SET FORTH IN PARAGRAPH (A) OR (B) OF SUBDIVISION ONE-A OF THIS SECTION OR WHO SHALL HAVE ALSO BEEN CONVICTED OF A VIOLATION OF ANY PROVISION OF ARTICLE ONE HUNDRED TWENTY OR ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW INVOLVING THE OPERATION OF A MOTOR VEHICLE. (4) LICENSE RESTORATION. WHEN A SENTENCE IS IMPOSED PURSUANT TO SUBPARAGRAPH TWO OR THREE OF THIS PARAGRAPH, IN NO EVENT SHALL THE COMMISSIONER RESTORE THE LICENSE OF ANY SUCH PERSON UNTIL THE COMMIS- SIONER RECEIVES A CERTIFICATE OF COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED THE MOTOR VEHICLE FREE OF ANY EVENTS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION FOR THE APPLICABLE TIME PERIODS IMPOSED PURSUANT TO SUBPARAGRAPHS TWO AND THREE OF THIS PARAGRAPH. NON-COMPLIANCE WITH THE IGNITION INTERLOCK REQUIREMENTS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION SHALL CAUSE THE RESPECTIVE PERIOD OF OPERATION TO RESET FROM THE DATE OF ANY SUCH VIOLATION. (H) DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL; IGNITION INTERLOCK DEVICE REQUIREMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A PERSON IS CHARGED WITH A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AND A PLEA OF GUILTY SHALL HAVE BEEN ENTERED IN SATISFACTION OF SUCH CHARGE TO A VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, AND THE PERSON HAS EITHER: (1) HAD A PRIOR CONVICTION FOR A VIOLATION OF ANY PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE WITHIN THE PREVIOUS TEN YEARS; (2) REGISTERED A BAC OF .13 OR MORE; (3) HAS REFUSED TO SUBMIT TO A CHEMICAL TEST OF HIS OR HER BLOOD, BREATH, URINE OR SALIVA PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, OR (4) THE UNDERLY- ING CHARGE INVOLVED THE COMBINED USE OF DRUGS AND ALCOHOL, THE CONDI- TIONS OF SUCH PLEA SHALL INCLUDE AN EXPRESS PROHIBITION ON THE OPERATION OF ANY MOTOR VEHICLE WITHOUT A FUNCTIONING IGNITION INTERLOCK DEVICE FOR A PERIOD OF SIX MONTHS, AND WHICH SHALL RUN CONCURRENTLY WITH ANY PERIOD OF LICENSE SANCTION, AND THAT SUCH PERSON SHALL INSTALL AND MAINTAIN AN IGNITION INTERLOCK DEVICE FOR A PERIOD OF NOT LESS THAN SIX MONTHS ON ANY MOTOR VEHICLE OWNED OR OPERATED BY SUCH PERSON. IF THE COURT ACCEPTS THE PLEA TO THE REDUCED CHARGE, THE COURT SHALL SENTENCE SUCH PERSON TO A CONDITIONAL DISCHARGE WHICH SHALL INCLUDE SUCH REQUIREMENT IN ADDITION TO ANY FINE REQUIRED BY THIS ARTICLE AND ANY OTHER CONDITION AUTHORIZED BY LAW OR OTHERWISE IMPOSED BY THE COURT. A CERTIFICATE OF COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED THE MOTOR VEHICLE FREE OF ANY EVENTS AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION FOR A PERIOD OF NINETY CONSECUTIVE DAYS AFTER THE DATE OF INSTALLATION, SHALL BE DEEMED TO HAVE SATISFIED THE CONDITIONS OF SUCH PLEA RELATING TO THE IGNITION INTERLOCK REQUIREMENTS SET FORTH IN THIS PARAGRAPH. THE PERIOD OF INTERLOCK RESTRICTION SHALL BE DEEMED TO COMMENCE FROM THE DATE SUCH IGNITION INTERLOCK DEVICE SHALL HAVE BEEN INSTALLED. IF SUCH PERSON IS FOUND TO HAVE VIOLATED THE TERMS OF THE USE OF SUCH IGNITION INTERLOCK DEVICE AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION, SUCH NINETY DAY PERIOD SHALL RESET FROM THE DATE OF ANY SUCH VIOLATION. S. 4008--B 35 (I) PERMANENT REVOCATION; IGNITION INTERLOCK REQUIREMENT. A PERSON SUBJECT TO A PERMANENT LICENSE REVOCATION PURSUANT TO A PROVISION OF THIS CHAPTER OR ANY RULE PROMULGATED PURSUANT TO THIS CHAPTER, WHEN THE UNDERLYING BASIS FOR THE PERMANENT REVOCATION RELATES TO TWO OR MORE VIOLATIONS OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AND/OR REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, SUCH PERSON SHALL BE ENTITLED TO APPLY TO THE COMMISSIONER FOR A POST-REVOCATION CONDITIONAL LICENSE PROVIDED THAT THE PERSON HAS NOT WITHIN THE PAST TWENTY-FIVE YEARS BEEN CONVICTED OF A VIOLATION OF ARTICLE ONE HUNDRED TWENTY OR ARTICLE ONE HUNDRED TWENTY- FIVE OF THE PENAL LAW RELATED TO THE OPERATION OF A MOTOR VEHICLE, AND THE PERSON HAS BEEN SUBJECT TO A LICENSE REVOCATION FOR NOT LESS THAN FIVE YEARS AND HAS NOT, DURING THAT PERIOD, BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER REGARDING THE OPERATION OF A MOTOR VEHICLE. UPON APPLICATION, THE COMMISSIONER SHALL PROVIDE SUCH APPLICANT WITH A POST-REVOCATION CONDITIONAL LICENSE SUBJECT TO THE FOLLOWING CONDITIONS: (1) SUBMISSION OF PROOF THAT ALL SANCTIONS IMPOSED AS A RESULT OF THE PREVIOUS CONVICTIONS HAVE BEEN SATISFIED, INCLUDING BUT NOT LIMITED TO, COMPLETION OF THE IMPAIRED DRIVING PROGRAM AND/OR PROOF OF REHABILITA- TIVE EFFORT, WHERE EITHER OR BOTH ARE REQUIRED, PAYMENT OF ALL FINES AND MANDATORY SURCHARGES, AND PAYMENT OF ANY RESTITUTION REQUIRED AS A RESULT OF SUCH CONVICTIONS; (2) AN EXPRESS PROHIBITION ON THE OPERATION OF ANY MOTOR VEHICLE WITH- OUT A FUNCTIONING IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWENTY-FOUR MONTHS AS SET FORTH IN THIS PARAGRAPH; AND (3) SUCH PERSON SHALL INSTALL AND MAINTAIN IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, AN IGNITION INTERLOCK DEVICE IN ANY MOTOR VEHICLE OWNED OR OPERATED BY SUCH PERSON, FOR A PERIOD OF TWENTY-FOUR MONTHS. WHERE ALL OTHER CONDITIONS OR THE SENTENCE HAVE BEEN SATISFIED PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH, THERE SHALL BE A REBUTTABLE PRESUMPTION OF REHABILITATION FOR THE PURPOSE OF PETITIONING THE COMMISSIONER FOR RESTORATION OF THE OPER- ATOR'S LICENSE TO OPERATE A MOTOR VEHICLE UPON A CERTIFICATE OF COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED SUCH MOTOR VEHICLE FREE OF ANY VIOLATIONS OF THIS CHAPTER, EXCEPTING VIOLATIONS RELATED TO STANDING, STOPPING OR PARKING, AND HAS BEEN FREE OF ANY EVENTS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION DURING THE POST-REVOCATION CONDI- TIONAL LICENSE PERIOD. A VIOLATION OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER, ANY PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE DURING THE POST-REVOCATION CONDITIONAL LICENSE PERIOD WILL RESULT IN IMMEDIATE REVOCATION OF SUCH LICENSE SUBJECT TO THE RULES OF THE COMMISSIONER. THE PERIOD OF INTER- LOCK RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH IGNITION INTERLOCK DEVICE SHALL HAVE BEEN INSTALLED. (J) NON-COMPLIANCE WITH IGNITION INTERLOCK REQUIREMENTS. FOR PURPOSES OF PARAGRAPHS (G), (H) AND (I) OF THIS SUBDIVISION, THE FOLLOWING EVENTS SHALL BE DEEMED TO BE NON-COMPLIANT WITH THE IGNITION INTERLOCK DEVICE REQUIREMENTS: (1) ANY VIOLATION OF THE PROVISIONS SET FORTH IN SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE REGARDING CIRCUM- VENTING OR TAMPERING WITH AN IGNITION INTERLOCK DEVICE OR OPERATING A VEHICLE WITHOUT A FUNCTIONING INTERLOCK DEVICE, REGARDLESS OF THE UNDER- LYING BASIS FOR THE IGNITION INTERLOCK REQUIREMENT; OR (2) A CERTIFIED VIOLATION ON A FORM PROVIDED BY THE DIVISION OF CRIMI- NAL JUSTICE SERVICES THAT SUCH PERSON HAS: S. 4008--B 36 (I) ATTEMPTED TO START HIS OR HER VEHICLE WHEN THE START-UP TEST RESULTED IN A BLOOD ALCOHOL CONCENTRATION LEVEL OF AT OR ABOVE THE SET POINT OF .025, UNLESS A SUBSEQUENT TEST PERFORMED WITHIN TEN MINUTES THEREAFTER REGISTERS A BLOOD ALCOHOL CONCENTRATION LEVEL LOWER THAN THE SET POINT AND THE DIGITAL IMAGE PROVIDED CONFIRMS THAT THE SAME PERSON PROVIDED BOTH SAMPLES; (II) MISSED ANY RANDOM TEST, UNLESS A REVIEW OF THE DIGITAL IMAGE CONFIRMS THAT SUCH VEHICLE WAS NOT OCCUPIED BY THE DRIVER AT THE TIME OF THE MISSED TEST; (III) FAILED ANY RANDOM TEST OR RE-TEST, UNLESS A SUBSEQUENT TEST PERFORMED WITHIN TEN MINUTES REGISTERS A BLOOD ALCOHOL CONCENTRATION LEVEL BELOW THE SET POINT OF .025, AND THE DIGITAL IMAGE CONFIRMS THAT THE SAME PERSON PROVIDED BOTH SAMPLES; OR (IV) FAILED TO APPEAR AT THE INSTALLATION/SERVICE PROVIDER FOR INSTAL- LATION OR FOR A SERVICE VISIT WHEN REQUIRED FOR MAINTENANCE, REPAIR, CALIBRATION, MONITORING, INSPECTION, OR REPLACEMENT OF SUCH DEVICE. WHEN APPLICABLE, A CERTIFICATE OF NON-COMPLIANCE SHALL BE ACCOMPANIED BY A CONTEMPORANEOUS DIGITAL IMAGE VERIFYING THE IDENTITY OF THE VIOLATOR. (K) DURATION OF IGNITION INTERLOCK REQUIREMENT. IN ANY CASE SET FORTH IN THIS SUBDIVISION WHERE THE PERIOD OF THE IGNITION INTERLOCK REQUIRE- MENT EXCEEDS THE PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, AND THE COURT HAS NOT OTHERWISE EXTENDED ITS JURISDICTION OVER THE MATTER, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT TO THE ADMINISTRATIVE JURISDICTION OF THE COMMISSIONER AND ANY RULE PROMULGATED BY THE COMMIS- SIONER TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION. (L) IGNITION INTERLOCK DEVICE REQUIREMENTS; TERMS OF IMPRISONMENT. WHEN A SENTENCE IMPOSED PURSUANT TO THIS SUBDIVISION INCLUDES A TERM OF IMPRISONMENT, THE SATISFACTION OF SUCH TERM OF IMPRISONMENT SHALL NOT REDUCE OR OTHERWISE LIMIT THE REQUIREMENTS SET FORTH IN PARAGRAPH (G) OF THIS SUBDIVISION. (M) A PERSON WHO HAS SUCCESSFULLY SATISFIED THE IGNITION INTERLOCK REQUIREMENTS SET FORTH IN PARAGRAPH (G) OR (H) OF THIS SUBDIVISION SHALL NO LONGER BE SUBJECT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED NINE- TY-NINE OF THIS ARTICLE RELATING TO THE DRIVER RESPONSIBILITY ASSESSMENT AND ANY FEE PAID BY SUCH PERSON PURSUANT TO SUCH SECTION SHALL BE RETURNED BY THE COMMISSIONER UPON SATISFACTORY PROOF OF COMPLIANCE. (N) The office of probation and correctional alternatives shall recom- mend to the commissioner of the division of criminal justice services regulations governing the monitoring of compliance by persons ordered to install and maintain ignition interlock devices to provide standards for monitoring by departments of probation, and options for monitoring of compliance by such persons, that counties may adopt as an alternative to monitoring by a department of probation. § 4. Paragraph (c) of subdivision 1-a of section 1193 of the vehicle and traffic law, as amended by chapter 669 of the laws of 2007, is amended to read as follows: (c) A court sentencing a person pursuant to paragraph (a) or (b) of this subdivision shall: (i) order, AS A CONDITION OF SUCH SENTENCE, the installation of an ignition interlock device approved pursuant to section eleven hundred ninety-eight of this article in any motor vehicle owned or operated by the person so sentenced. Such devices shall remain installed during any period of license revocation required to be imposed pursuant to paragraph (b) of subdivision two of this section, and, upon the termination of such revocation period, for an additional period as determined by the court OR AS OTHERWISE PROVIDED IN PARAGRAPH (G) OF SUBDIVISION ONE OF THIS SECTION; and (ii) order that such person receive S. 4008--B 37 an assessment of the degree of their alcohol or substance abuse and dependency pursuant to the provisions of section eleven hundred ninety- eight-a of this article. Where such assessment indicates the need for treatment, such court is authorized to impose treatment as a condition of such sentence except that such court shall impose treatment as a condition of a sentence of probation or conditional discharge pursuant to the provisions of subdivision three of section eleven hundred nine- ty-eight-a of this article. Any person ordered to install an ignition interlock device pursuant to this paragraph shall be subject to PARA- GRAPH (G) OF SUBDIVISION ONE OF THIS SECTION AND the provisions of subdivisions four, five, seven, eight and nine of section eleven hundred ninety-eight of this article. § 5. Subdivisions 1, 2, 3, 4 and 5 of section 1198 of the vehicle and traffic law, subdivisions 1, 2, 3, 4 and paragraph (a) of subdivision 5 as amended by chapter 496 of the laws of 2009, paragraph (a) of subdivi- sion 4 as amended by chapter 169 of the laws of 2013, and subdivision 5 as amended by chapter 669 of the laws of 2007, are amended and a new subdivision 1-a is added to read as follows: 1. Applicability. The provisions of this section shall apply through- out the state to each person required or otherwise ordered by a court as a condition of SENTENCE, PLEA, probation or conditional discharge, WHICH SHALL PROHIBIT THE OPERATION OF A MOTOR VEHICLE WITHOUT A FUNCTIONING IGNITION INTERLOCK DEVICE AND REQUIRES SUCH PERSON to install and [oper- ate] MAINTAIN an ignition interlock device in any vehicle [which he or she owns or operates] OWNED OR OPERATED BY SUCH PERSON. 1-A. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION AND SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) THE TERM "BLOOD ALCOHOL CONCENTRATION" OR "BAC" SHALL MEAN THE WEIGHT AMOUNT OF ALCOHOL CONTAINED IN A UNIT VOLUME OF BLOOD, MEASURED AS GRAMS ETHANOL/ONE HUNDRED MILLILITERS BLOOD, AND EXPRESSED AS % BAC. (B) THE TERM "CERTIFICATE OF COMPLETION" SHALL MEAN A DOCUMENT ISSUED BY THE MONITOR AFTER THE CONCLUSION OF THE IGNITION INTERLOCK PERIOD SET BY THE CRIMINAL COURT, INCLUDING ANY EXTENSIONS OR MODIFICATIONS AS MAY HAVE SUBSEQUENTLY OCCURRED WHICH SHOWS EITHER SATISFACTORY COMPLETION OF THE IGNITION INTERLOCK CONDITION OR A CHANGE BY THE COURT IN A PRE-SENTENCE ORDER NO LONGER REQUIRING THE NEED FOR A DEVICE, OR A CHANGE IN THE CONDITIONS OF PROBATION OR CONDITIONAL DISCHARGE NO LONGER REQUIRING THE NEED FOR A DEVICE AFTER COMPLETION OF THE IGNITION INTERLOCK PERIOD AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTICLE. (C) THE TERM "CIRCUMVENT" SHALL MEAN TO REQUEST, SOLICIT OR ALLOW ANY OTHER PERSON TO BLOW INTO AN IGNITION INTERLOCK DEVICE OR TO START A MOTOR VEHICLE EQUIPPED WITH THE DEVICE, FOR THE PURPOSE OF PROVIDING THE OPERATOR WHOSE DRIVING PRIVILEGES IS SO RESTRICTED WITH AN OPER- ABLE MOTOR VEHICLE, OR TO BLOW INTO AN IGNITION INTERLOCK DEVICE OR START A MOTOR VEHICLE EQUIPPED WITH THE DEVICE FOR THE PURPOSE OF PROVIDING AN OPERABLE MOTOR VEHICLE TO A PERSON WHOSE DRIVING PRIV- ILEGE IS SO RESTRICTED OR TO TAMPER WITH AN OPERABLE IGNITION INTERLOCK DEVICE. (D) THE TERM "COUNTY" SHALL MEAN EVERY COUNTY OUTSIDE OF THE CITY OF NEW YORK, AND THE CITY OF NEW YORK AS A WHOLE. (E) THE TERM "DIVISION" SHALL MEAN THE DIVISION OF CRIMINAL JUSTICE SERVICES. S. 4008--B 38 (F) THE TERM "DRINKING DRIVER PROGRAM" OR "IMPAIRED DRIVER PROGRAM" SHALL MEAN AN ALCOHOL AND DRUG REHABILITATION PROGRAM ESTABLISHED PURSU- ANT TO SECTION ELEVEN HUNDRED NINETY-SIX OF THIS ARTICLE. (G) THE TERM "FAILED TESTS" SHALL MEAN A START-UP RE-TEST OR ROLL- ING RE-TEST AT OR ABOVE THE SET POINT, OR A MISSED ROLLING RE-TEST. (H) THE TERM "IGNITION INTERLOCK MONITOR" OR "MONITOR" SHALL MEAN THE LOCAL PROBATION DEPARTMENT WHERE THE OPERATOR IS UNDER INTERIM PROBATION SUPERVISION OR PROBATION OR ANY PERSON OR ENTITY DESIGNATED IN THE COUNTY'S IGNITION INTERLOCK PROGRAM PLAN FOR ANY OPERATOR GRANTED CONDITIONAL DISCHARGE OR OTHERWISE REQUIRED TO INSTALL AN IGNITION INTERLOCK DEVICE WHO MONITORS COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND THE CONCURRENT REGULATIONS RELATED THERETO. (I) THE TERM "INSTALLATION/SERVICE PROVIDER" SHALL MEAN AN ENTITY LOCATED IN THE STATE APPROVED BY A QUALIFIED MANUFACTURER THAT INSTALLS, SERVICES, AND/OR REMOVES AN IGNITION INTERLOCK DEVICE. (J) THE TERM "OPERATOR" SHALL MEAN A PERSON WHO IS SUBJECT TO INSTAL- LATION OF AN IGNITION INTERLOCK DEVICE ARISING FROM A CHARGE OR CONVICTION UNDER THIS ARTICLE OR THE PENAL LAW, WHERE A VIOLATION OF THIS ARTICLE IS AN ESSENTIAL ELEMENT THEREOF, OR ARISING FROM A YOUTH- FUL ADJUDICATION OF ANY SUCH OFFENSE. (K) THE TERM "OWNED OR OPERATED" SHALL REFER TO A VEHICLE OWNED BY THE PERSON REQUIRED BY A COURT TO INSTALL AN IGNITION INTERLOCK DEVICE AS A CONDITION OF PROBATION OR CONDITIONAL DISCHARGE OR, ALTERNATIVELY, THE VEHICLE MOST REGULARLY OPERATED BY SUCH PERSON REGARDLESS OF REGISTRA- TION OR TITLE. (L) THE TERM "QUALIFIED MANUFACTURER" SHALL MEAN A MANUFACTURER OR DISTRIBUTOR OF AN IGNITION INTERLOCK DEVICE CERTIFIED BY THE DEPART- MENT OF HEALTH WHICH HAS SATISFIED THE SPECIFIC OPERATIONAL REQUIREMENTS HEREIN AND HAS BEEN APPROVED AS AN ELIGIBLE VENDOR BY THE DIVISION IN THE DESIGNATED REGION WHERE THE COUNTY IS LOCATED. (M) THE TERM "RANDOM TEST" SHALL INCLUDE A START-UP RE-TEST, A ROLLING TEST, OR ROLLING RE-TEST AS THOSE TERMS ARE DEFINED HEREIN. (N) THE TERM "START-UP TEST" SHALL MEAN A BREATH TEST TAKEN BY THE OPERATOR TO MEASURE THE OPERATOR'S BLOOD ALCOHOL CONCENTRATION PRIOR TO STARTING THE VEHICLE'S IGNITION. (O) THE TERM "START-UP RE-TEST" SHALL MEAN A BREATH TEST TAKEN BY THE OPERATOR TO MEASURE THE OPERATOR'S BLOOD ALCOHOL CONCENTRATION REQUIRED WITHIN FIVE TO FIFTEEN MINUTES OF A FAILED START-UP TEST. (P) THE TERM "ROLLING TEST" SHALL MEAN A BREATH TEST, ADMINISTERED AT RANDOM INTERVALS, TAKEN BY THE OPERATOR WHILE THE VEHICLE IS RUNNING. (Q) THE TERM "ROLLING RE-TEST" SHALL MEAN A BREATH TEST, TAKEN BY THE OPERATOR WHILE THE VEHICLE IS RUNNING, WITHIN ONE TO THREE MINUTES AFTER A FAILED OR MISSED ROLLING TEST. (R) THE TERM "FAILED ROLLING RE-TEST" SHALL MEAN A ROLLING RE-TEST IN WHICH THE OPERATOR'S BAC IS AT OR ABOVE THE SET POINT. (S) THE TERM "MISSED ROLLING RE-TEST" SHALL MEAN FAILURE TO TAKE THE ROLLING RE-TEST WITHIN THE TIME PERIOD ALLOTTED TO DO SO. (T) THE TERM "SERVICE VISIT" SHALL MEAN A VISIT BY THE OPERATOR OR ANOTHER DRIVER OF THE SUBJECT VEHICLE TO OR WITH THE INSTALLATION/SERVICE PROVIDER FOR PURPOSES OF HAVING THE IGNITION INTER- LOCK DEVICE INSPECTED FOR REPAIR, DEFECT, AND DETECTION OF TAMPERING AND/OR CIRCUMVENTION, DOWNLOADED, RECALIBRATED, OR MAINTAINED. (U) THE TERM "SET POINT" SHALL MEAN A PRE-SET OR PRE-DETERMINED BAC SETTING AT WHICH, OR ABOVE, THE DEVICE WILL PREVENT THE IGNITION OF A MOTOR VEHICLE FROM OPERATING. FOR THE PURPOSES OF THIS SECTION AND S. 4008--B 39 SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTICLE, THE SET POINT SHALL BE A BAC OF .025. (V) THE TERM "TAMPER" SHALL MEAN TO ALTER, DISCONNECT, PHYSICALLY DISABLE, REMOVE, DEFACE, OR DESTROY AN IGNITION INTERLOCK DEVICE OR ANY OF ITS COMPONENT SEALS. 2. Requirements. (a) In addition to any other penalties prescribed by law, the court shall require that any person who has been convicted [of] OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation of subdivision two, two-a [or], three OR FOUR-A of section eleven hundred ninety-two of this article, or any crime defined by this chapter or the penal law of which an alcohol-related violation of any provision of section eleven hundred ninety-two of this article is an essential element, [to] SHALL NOT OPER- ATE A MOTOR VEHICLE WITHOUT A FUNCTIONING IGNITION INTERLOCK DEVICE AND SHALL install and maintain, as a condition of PLEA, SENTENCE, probation or conditional discharge, a functioning ignition interlock device in accordance with the provisions of this section and, as applicable, in accordance with the provisions of subdivisions one and one-a of section eleven hundred ninety-three of this article; provided, however, the court may not authorize the operation of a motor vehicle by any person whose license or privilege to operate a motor vehicle has been revoked except as provided herein. For any such individual subject to a sentence of probation, installation and maintenance of such ignition interlock device shall be a condition of probation. (b) Nothing contained in this section shall prohibit a court, upon application by a probation department, from modifying the conditions of probation of any person convicted of any violation set forth in para- graph (a) of this subdivision prior to the effective date of this section, to require the installation and maintenance of a functioning ignition interlock device, and such person shall thereafter be subject to the provisions of this section. [(c) Nothing contained in this section shall authorize a court to sentence any person to a period of probation or conditional discharge for the purpose of subjecting such person to the provisions of this section, unless such person would have otherwise been so eligible for a sentence of probation or conditional discharge.] 3. Conditions. (a) [Notwithstanding any other provision of law] EXCEPT AS OTHERWISE PROVIDED FOR SENTENCES IMPOSED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTICLE, the commissioner may grant a post-revocation conditional license, as set forth in paragraph (b) of this subdivision, to a person who has been convicted of a violation of subdivision two, two-a [or], three OR FOUR-A of section eleven hundred ninety-two of this article and who has been sentenced to a period of probation or conditional discharge, provided the person has satisfied the minimum period of license revocation estab- lished by law and the commissioner has been notified that such person may operate only a motor vehicle equipped with a functioning ignition interlock device. No such request shall be made nor shall such a license be granted, however, if such person has been found by a court to have committed a violation of section five hundred eleven of this chap- ter during the license revocation period or deemed by a court to have violated any condition of probation or conditional discharge set forth by the court relating to the operation of a motor vehicle or the consumption of alcohol. In exercising discretion relating to the issu- ance of a post-revocation conditional license pursuant to this subdivi- sion, the commissioner shall not deny such issuance based solely upon the number of convictions for violations of any subdivision of section S. 4008--B 40 eleven hundred ninety-two of this article committed by such person with- in the ten years prior to application for such license. Upon the termi- nation of the period of probation or conditional discharge set by the court, the person may apply to the commissioner for restoration of a license or privilege to operate a motor vehicle in accordance with this chapter. (b) Notwithstanding any inconsistent provision of this chapter, a post-revocation conditional license granted pursuant to paragraph (a) of this subdivision shall be valid only for use by the holder thereof, (1) [enroute] EN ROUTE to and from the holder's place of employment, (2) if the holder's employment requires the operation of a motor vehicle then during the hours thereof, (3) [enroute] EN ROUTE to and from a class or course at an accredited school, college or university or at a state approved institution of vocational or technical training, (4) to and from court ordered probation activities, (5) to and from a motor vehicle office for the transaction of business relating to such license, (6) for a three hour consecutive daytime period, chosen by the department, on a day during which the participant is not engaged in usual employment or vocation, (7) [enroute] EN ROUTE to and from a medical examination or treatment as part of a necessary medical treatment for such participant or member of the participant's household, as evidenced by a written statement to that effect from a licensed medical practitioner, (8) [enroute] EN ROUTE to and from a class or an activity which is an authorized part of the alcohol and drug rehabilitation program and at which participant's attendance is required, and (9) [enroute] EN ROUTE to and from a place, including a school, at which a child or children of the participant are cared for on a regular basis and which is necessary for the participant to maintain such participant's employment or enroll- ment at an accredited school, college or university or at a state approved institution of vocational or technical training. (c) The post-revocation conditional license described in this subdivi- sion may be revoked by the commissioner for sufficient cause including but not limited to, failure to comply with the terms of the condition of probation or conditional discharge set forth by the court, conviction of any traffic offense other than one involving parking, stopping or stand- ing [or], conviction of any alcohol or drug related offense, misdemeanor or felony, ANY VIOLATION OF THIS ARTICLE WITH RESPECT TO OPERATING A MOTOR VEHICLE WITHOUT A FUNCTIONING IGNITION INTERLOCK DEVICE WHEN REQUIRED TO DO SO, or failure to install or maintain a court ordered ignition interlock device. (d) Nothing contained herein shall prohibit the court from requiring, as a condition of probation or conditional discharge, the installation of a functioning ignition interlock device in any vehicle owned or oper- ated by a person sentenced for a violation of subdivision two, two-a, [or] three OR FOUR-A of section eleven hundred ninety-two of this [chap- ter] ARTICLE, or any crime defined by this chapter or the penal law of which an alcohol-related violation of any provision of section eleven hundred ninety-two of this [chapter] ARTICLE is an essential element, if the court in its discretion, determines that such a condition is neces- sary to ensure the public safety. Imposition of an ignition interlock condition shall in no way limit the effect of any period of license suspension or revocation set forth by the commissioner or the court. (e) Nothing contained herein shall prevent the court from applying any other conditions of probation or conditional discharge allowed by law, including treatment for alcohol or drug abuse, restitution and community service. S. 4008--B 41 (f) The commissioner shall note on the operator's record of any person restricted pursuant to this section that, in addition to any other restrictions, conditions or limitations, such person may operate only a motor vehicle equipped with an ignition interlock device. 4. Proof of compliance and recording of condition. (a) Following imposition by the court of the use of an ignition interlock device as a condition PLEA, SENTENCE, of probation or conditional discharge it shall require the person to provide proof of compliance with this section to the court and the probation department or other monitor where such person is under probation or conditional discharge supervision. A CLAIM BY SUCH PERSON THAT HE OR SHE HAS GOOD CAUSE FOR NOT INSTALLING AN IGNITION INTERLOCK DEVICE SHALL BE MADE TO THE COURT AT OR BEFORE SENTENCING, IN WRITING IN THE FORM OF A SWORN AFFIDAVIT SIGNED BY SUCH PERSON ASSERTING UNDER OATH THAT: (1) HE OR SHE IS NOT THE REGISTERED OR TITLED OWNER OF ANY MOTOR VEHICLE AND WILL NOT OPERATE ANY MOTOR VEHICLE DURING THE PERIOD OF RESTRICTION; AND (2) THAT SUCH PERSON DOES NOT HAVE ACCESS TO THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME OF THE VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE; AND (C) THAT THE REGISTERED OWNER OF THAT VEHICLE OR ANY VEHICLE REGISTERED TO SUCH PERSON'S HOUSEHOLD WILL NOT GIVE CONSENT FOR THE INSTALLATION OF AN INTERLOCK DEVICE ON HIS OR HER VEHICLE. THE AFFIDAVIT SHALL INCLUDE A STATEMENT REGARDING WHETHER SUCH PERSON OWNED ANY MOTOR VEHICLE ON THE DATE OF THE UNDERLYING VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AND WHETHER OWNERSHIP OF ANY OF THOSE VEHICLES HAS BEEN TRANSFERRED TO ANOTHER PARTY BY SALE, GIFT OR ANY OTHER MEANS SINCE THE DATE OF SAID VIOLATION. THE AFFIDAVIT SHALL ALSO INCLUDE A STATEMENT FROM SUCH PERSON THAT HE OR SHE HAS NOT AND WILL NOT TRANSFER OWNERSHIP OF ANY VEHICLE TO EVADE INSTALLATION OF AN IGNITION INTERLOCK DEVICE, THE ADDRESS OF SUCH PERSON'S EMPLOYMENT, IF APPLICABLE, AND HOW SUCH PERSON INTENDS TO TRAVEL TO THAT LOCATION DURING THE PERIOD OF RESTRICTION. THE PERSON ALSO MAY INCLUDE ANY OTHER FACTS AND CIRCUM- STANCES HE OR SHE BELIEVES TO BE RELEVANT TO THE CLAIM OF GOOD CAUSE. THE COURT SHALL MAKE A FINDING WHETHER GOOD CAUSE EXISTS ON THE RECORD AND, IF GOOD CAUSE SHALL BE FOUND, ISSUE SUCH FINDING IN WRITING TO BE FILED BY SUCH PERSON WITH THE PROBATION DEPARTMENT OR THE IGNITION INTERLOCK MONITOR, AS APPROPRIATE. IN THE EVENT THE COURT DENIES SUCH PERSON'S CLAIM OF GOOD CAUSE ON THE BASIS OF THE AFFIDAVIT FILED WITH THE COURT, SUCH PERSONS SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH PERSON SHALL ALSO BE PERMITTED TO WAIVE THE OPPORTUNITY TO BE HEARD, IF HE OR SHE CHOOSES TO DO SO. If [the] A person SHALL BE ORDERED TO INSTALL AND MAINTAIN AN IGNITION INTERLOCK DEVICE, AND SUCH PERSON fails to provide for such proof of installation, absent a finding by the court of good cause for that failure which is entered in the record, the court may revoke, modify, or terminate the person's sentence of probation or conditional discharge as provided under law. [Good cause may include a finding that the person is not the owner of a motor vehicle if such person asserts under oath that such person is not the owner of any motor vehicle and that he or she will not operate any motor vehicle during the period of interlock restriction except as may be otherwise authorized pursuant to law.] "Owner" shall have the same meaning as provided in section one hundred twenty-eight of this chapter. (b) When a court imposes the condition specified in subdivision one of this section, the court shall notify the commissioner in such manner as the commissioner may prescribe, and the commissioner shall note such condition on the operating record of the person subject to such condi- tions. S. 4008--B 42 5. Cost, installation and maintenance. (a) The cost of installing and maintaining the ignition interlock device shall be borne by the person subject to such condition unless the court determines such person is financially unable to afford such cost whereupon such cost may be imposed pursuant to a payment plan or waived. In the event of such waiver, the cost of the device shall be borne in accordance with regu- lations issued under paragraph (g) of subdivision one of section eleven hundred ninety-three of this article or pursuant to such other agreement as may be entered into for provision of the device. Such cost shall be considered a fine for the purposes of subdivision five of section 420.10 of the criminal procedure law. Such cost shall not replace, but shall instead be in addition to, any fines, surcharges, or other costs imposed pursuant to this chapter or other applicable laws. (b) The installation and service provider of the device shall be responsible for the installation, calibration, and maintenance of such device. (C) FAILURE TO INSTALL SUCH DEVICE, FAILURE TO APPEAR FOR A SERVICE VISIT OR FAILURE TO COMPLY WITH SERVICE INSTRUCTIONS OR CIRCUMVENTION OF OR TAMPERING WITH THE DEVICE, IN VIOLATION OF REGULATIONS PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL CONSTITUTE A VIOLATION OF THE CONDITIONS OF A PERSON'S SENTENCE, PROBATION OR CONDITIONAL DISCHARGE. § 6. Paragraph (k-1) of subdivision 2 of section 65.10 of the penal law, as amended by chapter 669 of the laws of 2007, is amended to read as follows: (k-1) Install and maintain a functioning ignition interlock device, as that term is defined in section one hundred nineteen-a of the vehicle and traffic law, in any vehicle owned or operated by the defendant [if the court in its discretion determines that such a condition is neces- sary to ensure the public safety. The court may require such condition only where a person has been convicted of a violation of subdivision two, two-a or three of section eleven hundred ninety-two of the vehicle and traffic law, or any crime defined by the vehicle and traffic law or this chapter of which an alcohol-related violation of any provision of section eleven hundred ninety-two of the vehicle and traffic law is an essential element. The offender shall be required], PROVIDED THE COURT SHALL REQUIRE THE DEFENDANT to install and operate the ignition inter- lock device [only] in accordance with THE PROVISIONS OF PARAGRAPHS (G), (H), (J) AND (L) OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY- THREE AND section eleven hundred ninety-eight of the vehicle and traffic law. § 7. The division of criminal justice services is authorized and directed to compile and publish annually a report on its website of the total number of repeat convictions with respect to violations of section 1192 of the vehicle and traffic law for the five years succeeding the effective date of this act, and shall also include the total number of repeat convictions for the five years preceding the effective date in such report. The division is authorized and directed to coordinate with any other agency, authority, department, division, bureau, or political subdivision to compile this information, including without limitation the governor's highway traffic safety committee. § 8. The commissioner of the division of criminal justice services, in consultation with the commissioner of the department of motor vehicles, shall promulgate any rules or regulations necessary to effectuate the provisions of this act. S. 4008--B 43 § 9. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law, provided, however, that the amendments to section 1198 of the vehicle and traffic law made by section five of this act shall not affect the repeal of such section and shall be deemed repealed therewith. SUBPART C Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi- cle and traffic law, as separately amended by chapters 196 and 688 of the laws of 1996 and subparagraph 3 as amended by chapter 345 of the laws of 2007, is amended to read as follows: (a) Where a county establishes a special traffic options program for driving while intoxicated, pursuant to this section, it shall receive fines and forfeitures collected by any court, judge, magistrate or other officer within that county, including, where appropriate, a hearing officer acting on behalf of the commissioner[,]: (1) imposed for violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivi- sion two or subparagraph (i) of paragraph (a) of subdivision three of section five hundred eleven of this chapter; (2) imposed in accordance with the provisions of section eleven hundred ninety-three and civil penalties imposed pursuant to subdivision two of section eleven hundred ninety-four-a of this article, including, where appropriate, a hearing officer acting on behalf of the commissioner, from violations of sections eleven hundred ninety-two, eleven hundred ninety-two-a and findings made under section eleven hundred ninety-four-a of this arti- cle; and (3) imposed upon a conviction for: aggravated vehicular assault, pursuant to section 120.04-a of the penal law; vehicular assault in the first degree, pursuant to section 120.04 of the penal law; vehicular assault in the second degree, pursuant to section 120.03 of the penal law; aggravated vehicular homicide, pursuant to section 125.14 of the penal law; vehicular manslaughter in the first degree, pursuant to section 125.13 of the penal law; and vehicular manslaughter in the second degree, pursuant to section 125.12 of the penal law, as provided in section eighteen hundred three of this chapter. IN ADDITION, ANY SURCHARGES IMPOSED PURSUANT TO SECTIONS EIGHTEEN HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER SHALL BE PAID TO SUCH COUNTY IN SUCH MANNER AND FOR SUCH PURPOSES AS PROVIDED FOR IN SUCH SECTIONS. Upon receipt of these moneys, the county shall deposit them in a separate account entitled "special traffic options program for driving while intoxicated" and they shall be under the exclusive care, custody and control of the chief fiscal officer of each county participating in the program. § 2. Subdivision 9 of section 1803 of the vehicle and traffic law, as amended by chapter 196 of the laws of 1996 and the opening paragraph as amended by chapter 345 of the laws of 2007, is amended to read as follows: 9. A. Where a county establishes a special traffic options program for driving while intoxicated, approved by the commissioner [of motor vehi- cles], pursuant to section eleven hundred ninety-seven of this chapter, all fines, penalties and forfeitures: (1) IMPOSED AND collected [from] FOR violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of subdivision three of section five hundred eleven[, all fines, penalties and forfei- tures] OF THIS CHAPTER; (2) imposed AND COLLECTED in accordance with section eleven hundred ninety-three of this chapter [collected from] FOR S. 4008--B 44 violations of section eleven hundred ninety-two of this chapter; [and any fines or forfeitures] (3) collected by any court, judge, magistrate or other officer imposed upon a conviction for: aggravated vehicular assault, pursuant to section 120.04-a of the penal law; vehicular assault in the first degree, pursuant to section 120.04 of the penal law; vehicular assault in the second degree, pursuant to section 120.03 of the penal law; aggravated vehicular homicide, pursuant to section 125.14 of the penal law; vehicular manslaughter in the first degree, pursuant to section 125.13 of the penal law; and vehicular manslaughter in the second degree, pursuant to section 125.12 of the penal law; and (4) civil penalties imposed pursuant to subdivision two of section elev- en hundred ninety-four-a of this chapter, shall be paid to such county. IN ADDITION, ANY SURCHARGES IMPOSED PURSUANT TO SECTIONS EIGHTEEN HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER SHALL BE PAID TO SUCH COUNTY IN SUCH MANNER AND FOR SUCH PURPOSES AS PROVIDED FOR IN SUCH SECTIONS. [(a)] B. Any such fine, penalty, or forfeiture collected by any court, judge, magistrate or other officer referred to in subdivision one of section thirty-nine of the judiciary law, establishing a unified court budget, shall be paid to that county within the first ten days of the month following collection. [(b)] C. Any such fine, penalty, or forfeiture collected by any other court, judge, magistrate or other officer, including, where appropriate, a hearing officer acting on behalf of the commissioner, shall be paid to the state comptroller within the first ten days of the month following collection. Every such payment to the comptroller shall be accompanied by a statement in such form and detail as the comptroller shall provide. The comptroller shall pay these funds to the county in which the violation occurs. [(c)] D. Upon receipt of any monies referred to in this section, the county shall deposit them in a separate account entitled "special traf- fic options program for driving while intoxicated". § 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic law, as added by section 37 of part J of chapter 62 of the laws of 2003, are amended to read as follows: 1. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to section eleven hundred ninety-two of this chapter OR SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of twenty-five dollars. 2. The additional surcharge provided for in subdivision one of this section shall be paid to the clerk of the court that rendered the conviction. Within the first ten days of the month following collection of the surcharge the collecting authority shall determine the amount of surcharge collected and it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the general fund; PROVIDED, HOWEVER, COMMENCING ON APRIL FIRST, TWO THOUSAND TWENTY-FOUR, ALL SUCH MONEYS SHALL BE PAID TO COUNTIES PURSUANT TO SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER AND SHALL BE USED BY EACH SUCH COUNTY FOR PROGRAMS AND INITIATIVES SPECIFICALLY DESIGNED AND ESTABLISHED TO REDUCE THE INCIDENCE OF DRUG- IMPAIRED DRIVING. S. 4008--B 45 § 4. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e of the vehicle and traffic law, as added by section 1 of part EE of chapter 56 of the laws of 2008, are amended to read as follows: b. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to section eleven hundred ninety-two of this chapter OR SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of one hundred seventy dollars. 2. The additional surcharges provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribu- nal that rendered the conviction. Within the first ten days of the month following collection of such surcharges, the collecting authority shall pay such money to the state comptroller to be deposited to the general fund; PROVIDED, HOWEVER, COMMENCING ON APRIL FIRST, TWO THOUSAND TWEN- TY-FIVE, FIFTY PERCENT OF SUCH SURCHARGE SHALL BE PAID TO THE STATE COMPTROLLER TO BE DEPOSITED TO THE GENERAL FUND AND FIFTY PERCENT OF SUCH SURCHARGE SHALL BE PAID TO COUNTIES PURSUANT TO SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER AND SHALL BE USED BY EACH SUCH COUNTY FOR PROGRAMS AND INITIATIVES SPECIFICALLY DESIGNED AND ESTABLISHED TO REDUCE THE INCIDENCE OF DRUG-IMPAIRED DRIVING; AND PROVIDED FURTHER, COMMENCING APRIL FIRST, TWO THOUSAND TWENTY-SIX AND EVERY FISCAL YEAR THEREAFTER, ONE HUNDRED PERCENT OF SUCH SURCHARGE SHALL BE PAID TO COUNTIES PURSUANT TO SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER AND SHALL BE USED BY EACH SUCH COUNTY FOR PROGRAMS AND INITIATIVES SPECIFICALLY DESIGNED AND ESTAB- LISHED TO REDUCE THE INCIDENCE OF DRUG-IMPAIRED DRIVING. § 5. The commissioner of motor vehicles shall annually certify to the division of the budget that all program plans eligible for funding pursuant to this act are in full compliance with the provisions of section 1197 of the vehicle and traffic law establishing the special traffic options program for driving while intoxicated, the rules promul- gated pursuant to 15 NYCRR 172 relating to such program and the provisions of this act. § 6. This act shall take effect April 1, 2024. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or subpart of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or subpart thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. 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 S. 4008--B 46 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 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 S. 4008--B 47 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 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 hundred fifty] ONE THOUSAND dollars for [a first] EACH offense [and up to five hundred 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 neighbor- hoods; § 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 S. 4008--B 48 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 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 FOR AN INFRACTION INVOLVING A COMMERCIAL VEHICLE 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 S. 4008--B 49 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, 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. § 6-a. The administrative code of the city of New York is amended by adding a new section 19-611 to read as follows: § 19-611 SCHOOL BUS PARKING ON A CITY STREET. NO SCHOOL BUS OPERATED BY OR PURSUANT TO A CONTRACT WITH THE BOARD OF EDUCATION SHALL: (A) PARK ON A CITY STREET ON WEEKDAYS BETWEEN THE HOURS OF FIVE P.M. AND FIVE A.M.; OR (B) PARK ON A CITY STREET ON WEEKENDS BETWEEN THE HOURS OF FIVE P.M. ON FRIDAY AND FIVE A.M. ON MONDAY. § 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 Intentionally Omitted 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 S. 4008--B 50 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 Intentionally Omitted PART R Section 1. Subdivisions 1 and 2 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 AND TITLE TWO-A OF THIS ARTICLE, EXCEPT AS OTHERWISE PROVIDED BY PARAGRAPH (B) OF THIS SUBDIVISION; 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 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 LICENSING FEES IMPOSED BY THIS ARTICLE. (II) FOR ANY GAMING FACILITY LOCATED WITHIN THE CITY OF NEW YORK, ONE HUNDRED PERCENT OF THE LICENSING FEES IMPOSED BY THIS ARTICLE. (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 LICENSING FEES IMPOSED BY THIS ARTICLE. 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 LICENSING FEES IMPOSED BY THIS ARTICLE AMONG COUNTIES WITHIN THE REGION, AS DEFINED BY SECTION ONE THOUSAND 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 ACCORD- S. 4008--B 51 ANCE WITH THE PROVISIONS OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW. 2. The commission shall require at least monthly deposits by the licensee of any payments pursuant to section one thousand three hundred fifty-one of this article, at such times, under such conditions, and in such depositories as shall be prescribed by the state comptroller. The deposits shall be deposited to the credit of the commercial gaming revenue fund as established by section ninety-seven-nnnn of the state finance law OR TO THE METROPOLITAN TRANSPORTATION AUTHORITY FINANCE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-H OF THE PUBLIC AUTHORITIES LAW, ACCORDING TO THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION. The commission may require a monthly report and recon- ciliation statement to be filed with it on or before the tenth day of each month, with respect to gross revenues and deposits received and made, respectively, during the preceding month. § 1-a. Subdivision 3 of section 1321-e of the racing, pari-mutuel wagering and breeding law, as added by section 7 of part RR of chapter 56 of the laws of 2022, is amended to read as follows: 3. The board shall determine a licensing fee to be paid by a licensee within thirty days after the [award] SELECTION of the license which shall be deposited [into the commercial gaming revenue fund] IN ACCORD- ANCE WITH PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED FIFTY-TWO OF THIS ARTICLE, provided however that no licensing fee shall be less than five hundred million dollars. The license shall set forth the conditions to be satisfied by the licensee before the gaming facility shall be opened to the public. The commission shall set any renewal fee for such license based on the cost of fees associated with the evaluation of a licensee under this article which shall be deposited into the commercial gaming fund. Such renewal fee shall be exclusive of any subsequent licensing fees under this section. § 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 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 DERIVED FROM 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. S. 4008--B 52 § 4. This act shall take effect immediately and shall expire and be deemed repealed 10 years after such date. PART S Intentionally Omitted 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. (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. S. 4008--B 53 (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. § 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 S. 4008--B 54 displaced worker shall be eligible for continuation assistance retroac- tive to July 1, 2004. § 2. This act shall take effect immediately. PART V Intentionally Omitted PART W Intentionally Omitted 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 CREATED EXCLUSIVELY FOR THE EXPRESS PURPOSE OF PERFORMING A GOVERNMENTAL FUNC- TION RELATED TO ISSUES SPECIFIC TO INDIVIDUALS WITH DISABILITIES, AS THE TERM IS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINE- TY-TWO OF THE EXECUTIVE LAW, OR (B) during a state disaster emergency declared by the governor pursuant to section twenty-eight of the execu- tive law IF THE PUBLIC BODY DETERMINES THAT THE CIRCUMSTANCES NECESSI- TATING 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. § 1-a. Section 103-a of the public officers law is amended by adding a new subdivision 2-a to read as follows: 2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO HAS A DISABILITY AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW THAT RENDERS SUCH MEMBER UNABLE TO BE PHYSICALLY PRESENT AT ANY MEETING LOCATION MAY BE CONSIDERED PRESENT FOR PURPOSES OF FULFILLING THE QUORUM REQUIREMENT FOR THE PUBLIC BODY AT MEETINGS CONDUCTED THROUGH VIDEOCONFERENCING, PROVIDED THE APPLICABLE CRITERIA IN SUBDIVISION TWO OF THIS SECTION ARE OTHERWISE MET. § 2. This act shall take effect immediately; provided, however, that the amendments to section 103-a of the public officers law made by sections one and one-a 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: S. 4008--B 55 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 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 Intentionally Omitted S. 4008--B 56 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, OR LOCAL AGENCY, 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, DEVELOP- MENT, EXPANSION, FURNISHING, AND EQUIPPING OF SUCH TRANSFORMATIVE HOUS- ING, 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 RECIPIENT 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, OR LOCAL AGENCY, 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, DEVELOP- MENT, EXPANSION, FURNISHING, AND EQUIPPING OF SUCH TRANSFORMATIVE HOUS- ING, 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 RECIPIENT WAS AWARDED SUCH GRANT. § 3. This act shall take effect immediately. PART BB Section 1. Subdivision 29 of Section 1678 of the public authorities law is amended by adding a new closing paragraph to read as follows: THE AUTHORITY SHALL SUBMIT A REPORT, NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR, AND ANNUALLY THEREAFTER, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY REGARDING PROCUREMENTS MADE PURSUANT TO THIS SUBDIVISION. SUCH REPORT SHALL INCLUDE A DESCRIPTION OF EACH PROCUREMENT MADE PURSUANT TO THIS SUBDIVISION, INFORMATION REGARDING THE PROCUREMENT PROCESS FOR EACH SUCH PROCUREMENT CONTRACT, INCLUDING THE LIST OF RESPONDING ENTITIES THAT DEMONSTRATED THE CAPABILITY TO MEET THE SPECIFICATIONS AND TERMS OF THE PROCUREMENT MADE PURSUANT TO THIS SUBDIVISION, THE TOTAL COST OF EACH PROCUREMENT MADE PURSUANT TO THIS SUBDIVISION, INDICATION OF WHETHER THE PARTY AWARDED A CONTRACT PURSUANT TO THIS SUBDIVISION SERVED AS A GENER- S. 4008--B 57 AL CONTRACTOR OR SUBCONTRACTOR IN FULFILLING THE CONTRACT, AN EXPLANA- TION OF THE MENTORING CONDUCTED WITH EACH PARTY WHO RESPONDED TO A REQUEST FOR BIDS OR PROPOSALS PURSUANT TO THE MENTOR-PROTEGE PROGRAM OF THIS SUBDIVISION, AND THE TOTAL DOLLAR VALUE OF MONIES PAID TO MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO THIS SUBDIVISION ITEM- IZED BY YEAR AND INCLUDING THE TOTAL DOLLAR VALUES FOR THE FIVE YEARS PRECEDING THE ANNUAL REPORT'S RELEASE DATE. FOR ANNUAL REPORTS ANY NEW PROCUREMENTS AND CHANGES DURING THE PERIOD COVERED BY THE REPORT SHALL BE IDENTIFIED SEPARATELY. § 2. 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. § 3. This act shall take effect immediately; provided, however, that the amendments to subdivision 29 of section 1678 of the public authori- ties law made by section one of this act shall not affect the expiration of such subdivision and shall be deemed repealed therewith. PART CC Intentionally Omitted PART DD Section 1. The economic development law is amended by adding a new section 138-a to read as follows: § 138-A. SMALL BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS TECH- NOLOGY TRANSFER MATCHING GRANT PROGRAM. 1. THE COMMISSIONER, IN CONSUL- TATION WITH THE DIVISION FOR SMALL-BUSINESS, SHALL ESTABLISH A MATCHING GRANT PROGRAM TO PROVIDE FUNDS TO SMALL BUSINESSES WHO HAVE BEEN AWARDED PHASE ONE OR PHASE TWO GRANTS UNDER THE FEDERAL SMALL BUSINESS INNO- VATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM. SUCH GRANTS SHALL BE AWARDED BASED ON A COMPANY'S POTENTIAL FOR COMMERCIALIZATION AND JOB GROWTH. 2. THE MATCHING GRANT PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE STAGED OVER A PERIOD OF THREE YEARS. THE FUNDING AMOUNTS FOR SUCH GRANT PROGRAM SHALL BE AS FOLLOWS: (A) FOR SMALL BUSINESSES THAT HAVE BEEN AWARDED PHASE ONE FUNDING UNDER THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, THE AMOUNT SHALL BE ONE HUNDRED FIFTY THOUSAND DOLLARS IN YEAR ONE, THREE HUNDRED THOUSAND DOLLARS IN YEAR TWO, AND SIX HUNDRED THOUSAND DOLLARS IN YEAR THREE. (B) FOR SMALL BUSINESSES THAT HAVE BEEN AWARDED PHASE TWO FUNDING UNDER THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, THE AMOUNT SHALL BE ONE HUNDRED FIFTY THOUSAND DOLLARS IN YEAR ONE, THREE HUNDRED THOUSAND DOLLARS IN YEAR TWO, AND SIX HUNDRED THOUSAND DOLLARS IN YEAR THREE. 3. (A) IN THE FIRST YEAR OF THE PROGRAM, TWENTY SMALL BUSINESSES SHALL BE AWARDED GRANTS OF ONE HUNDRED FIFTY THOUSAND DOLLARS. (B) IN THE SECOND YEAR OF THE PROGRAM, TEN SMALL BUSINESSES SHALL BE CHOSEN FROM THE COMPANIES THAT WERE AWARDED A GRANT IN THE FIRST YEAR, TO RECEIVE GRANTS IN THE AMOUNT OF THREE HUNDRED THOUSAND DOLLARS. (C) IN THE THIRD YEAR OF THE PROGRAM, FIVE SMALL BUSINESSES SHALL BE CHOSEN FROM THE COMPANIES THAT WERE AWARDED A GRANT IN THE SECOND YEAR, S. 4008--B 58 TO RECEIVE GRANTS OR EQUITY, DEPENDING ON THE SITUATION, IN THE AMOUNT OF SIX HUNDRED THOUSAND DOLLARS. 4. SUCH FUNDS AWARDED PURSUANT TO THIS SECTION SHALL BE USED TO EXPE- DITE COMMERCIALIZATION AND GENERALLY USED TO COVER EXPENSES NOT ALLOWED UNDER THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, INCLUDING BUT NOT LIMITED TO PATENTS AND MARKETING STUDIES IN SALES EFFORTS. 5. SUCH FUNDS SHALL BE AWARDED ON CONDITION THAT THE SMALL BUSINESS RECIPIENT REMAINS HEADQUARTERED IN THE STATE FOR AT LEAST FIVE YEARS FOLLOWING THE SUCCESSFUL COMMERCIALIZATION OF THE BUSINESS'S PRODUCT OR PRODUCTS. ANY SMALL BUSINESS THAT HAS RECEIVED FUNDING UNDER THIS PROGRAM THAT IS NOT HEADQUARTERED IN THE STATE FOR AT LEAST FIVE YEARS FOLLOWING THE SUCCESSFUL COMMERCIALIZATION OF THE BUSINESS'S PRODUCT OR PRODUCTS SHALL RETURN ALL GRANT AWARDS TO THE STATE. IF THE SMALL BUSI- NESS CEASES OPERATIONS BEFORE FIVE YEARS AFTER THE COMMERCIALIZATION OF ITS PRODUCT OR PRODUCTS, SUCH BUSINESS SHALL BE ELIGIBLE FOR A WAIVER OF THIS CLAWBACK PROVISION, AS DETERMINED BY THE COMMISSIONER, IN CONSULTA- TION WITH THE DIVISION OF SMALL BUSINESS. 6. THE COMMISSIONER, 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 DEPARTMENT SHALL REVIEW EACH APPLICATION FOR COMPLI- ANCE WITH THE ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN THE PROGRAM GUIDELINES ESTABLISHED BY THE COMMISSIONER. THE DEPARTMENT MAY APPROVE OR REJECT EACH APPLICATION OR MAY RETURN AN APPLICATION FOR MODIFICATIONS, IF NECESSARY. § 2. 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 and completed on or before such effective date. PART EE Intentionally Omitted PART FF Intentionally Omitted 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] 2024, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner S. 4008--B 59 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, are 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 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] SEVEN hundred FIFTY thousand dollars without a formal competitive process and for commod- ities 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 proc- ess. § 4. Intentionally omitted. § 5. Intentionally omitted. S. 4008--B 60 § 6. 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. § 7. Paragraph (b) of subdivision 1 of section 212 of the banking law, as amended by chapter 1 of the laws of 1994, is amended to read as follows: (b) The corporation shall undertake the following programs in further- ance of the above objectives: (i) establish regional offices at locations throughout New York, with sufficient staffing to advise, develop and package financial assistance for small and medium sized businesses; (ii) develop a comprehensive outreach program to increase the visibility and awareness of the corporation's programs, including allocating budget and staff to establish and maintain an aggressive and extensive marketing program of the corporation's program of assistance to small and medium sized businesses, providing for specific outreach to minority and women owned enterprises, and entering into cooperative relationships with local chambers of commerce, local development agen- cies, local development corporations and other community based financial intermediaries as set forth in subdivision three of this section; (iii) establish and operate, or affiliate with a small business investment company and a specialized small business investment company; [and] (iv) establish a pilot export financing program, using personnel from the private sector, to evaluate whether the corporation can play a signif- icant role in the growth of the export industry in the state; AND (V) ESTABLISH A PROGRAM IN COOPERATION WITH THE EMPIRE STATE DEVELOPMENT CORPORATION THAT SHALL FOCUS ON SMALL BUSINESSES LOCATED IN HIGHLY DISTRESSED AREAS AND MINORITY BUSINESS ENTERPRISES AS SUCH DESIGNATIONS ARE DEFINED BY THE REGULATIONS OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT, THROUGH WHICH THE CORPORATION SHALL BE AUTHORIZED TO: (A) ACT AS THIRD-PARTY AGENT FOR THE CAPITAL ACCESS PROGRAM ESTABLISHED BY SECTION SIXTEEN-K OF SECTION ONE OF CHAPTER ONE HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED SIXTY-EIGHT, CONSTITUTING THE URBAN DEVELOPMENT CORPORATION ACT; (B) PROCESS, FUND AND APPROVE QUALIFYING PROGRAM LOANS MADE BY THE CORPORATION OR A PARTICIPATING FINANCIAL INSTITUTION PURSUANT TO SECTION SIXTEEN-K OF SECTION ONE OF CHAPTER ONE HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED SIXTY-EIGHT, CONSTITUTING THE URBAN DEVELOPMENT CORPORATION ACT; (C) MAINTAIN AND SERVICE A PORTFOLIO OF QUALIFYING LOANS MADE PURSUANT TO THE CAPITAL ACCESS PROGRAM; AND (D) ENGAGE IN OUTREACH AND MARKETING TO FINANCIAL INSTITUTIONS TO INCREASE AWARENESS OF THE PROGRAM ESTABLISHED UNDER THIS SUBPARAGRAPH. The corporation shall undertake the programs enumerated herein at such times as its board of directors determines that the corporation's capital base and available funds are adequate to support the operation of such program. The programs enumerated herein may be modified by the corporation as may be necessary to meet the changing needs of the state's economy, as determined by the board of directors. § 8. Paragraph (b) of subdivision 3 of section 16-k of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as amended by chapter 103 of the laws of 2011, is amended to read as follows: S. 4008--B 61 (b) Any contract entered into pursuant to subparagraph (i) of para- graph (a) of this subdivision shall: (i) be for a period of two years and shall be renewed for an addi- tional two year period subject to requirements of subparagraph (ii) of paragraph (a) of this subdivision; [and] (ii) provide for compensation for expenses incurred by the third party agent in connection with its services as agent and for such other services as the corporation may deem appropriate including, but not limited to the use of the premises, personnel and personal property of the third party agent; (III) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, USE THE UNDERWRITING STANDARDS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION TO EVALUATE APPLICATIONS FOR LOANS PURSUANT TO THE PROGRAM FILED BY A MINORITY BUSINESS ENTERPRISE, OR A SMALL BUSINESS WHOSE PRINCIPAL PLACE OF BUSINESS IS IN A HIGHLY DISTRESSED AREA; (IV) PROVIDE FOR THE DEVELOPMENT OF AN INTEGRATED WEB PORTAL FOR THE THIRD-PARTY AGENT WHICH ENABLES ACCESS BY MINORITY BUSINESS ENTERPRISES AND SMALL BUSINESSES IN HIGHLY DISTRESSED AREAS TO OBTAIN INFORMATION ON THE CAPITAL ACCESS LOAN PROGRAM INCLUDING THE ABILITY TO MAKE APPLICA- TION AND TO RECEIVE APPROVAL FOR SUCH LOAN ONLINE; AND (V) PROVIDE FUNDING FOR MARKETING TO THE THIRD-PARTY AGENT TO BE DIRECTED TO POTENTIAL LOAN RECIPIENTS AND TO FINANCIAL INSTITUTIONS TO INCREASE AWARENESS PARTICIPATION AND REFERRALS TO THE CAPITAL ACCESS LOAN PROGRAM. § 9. Section 16-k of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding two new subdivisions 4 and 5 to read as follows: 4. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE DEPARTMENT OF FINANCIAL SERVICES, THE EMPIRE STATE DEVELOPMENT CORPO- RATION AND THE NEW YORK BUSINESS DEVELOPMENT CORPORATION SHALL JOINTLY ESTABLISH UNDERWRITING STANDARDS TO ASSIST MINORITY BUSINESS ENTERPRISES AND SMALL BUSINESSES IN HIGHLY DISTRESSED AREAS. IN ADDITION TO OTHER FACTORS, SUCH STANDARDS SHOULD INCORPORATE VERIFIABLE ALTERNATIVE INDI- CATIONS OF CREDITWORTHINESS PRESENTED OR MADE AVAILABLE BY THE APPLI- CANT. 5. PURSUANT TO SUBPARAGRAPH (V) OF PARAGRAPH (B) OF SUBDIVISION 1 OF SECTION 212 OF THE BANKING LAW, THE NEW YORK BUSINESS DEVELOPMENT CORPO- RATION AND THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL ENTER INTO AN AGREEMENT PURSUANT TO WHICH THE NEW YORK BUSINESS DEVELOPMENT CORPO- RATION SHALL AUTHORIZE, MAINTAIN AND ADMINISTER THE PROGRAM ESTABLISHED IN SUCH SUBPARAGRAPH. § 10. 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, 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; and provided, further, that sections seven, eight, and nine of this act shall take effect on the one hundred twentieth day after it shall have become a law. S. 4008--B 62 PART II Intentionally Omitted 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] 2024. § 2. This act shall take effect immediately. PART KK Intentionally Omitted 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] 2025. § 2. The dormitory authority of the state of New York shall provide a report providing information regarding any project undertaken pursuant to a design and construction management agreement, as authorized by part BB of chapter 58 of the laws of 2012, between the dormitory authority of the state of New York and the department of environmental conservation and/or the office of parks, recreation and historic preservation to the governor, the temporary president of the senate and speaker of the assembly. Such report shall include but not be limited to a description of each such project, the project identification number of each such project, if applicable, the projected date of completion, the status of the project, the total cost or projected cost of each such project, and the location, including the names of any county, town, village or city, where each such project is located or proposed. In addition, such a report shall be provided to the aforementioned parties by the first day of March of each year that the authority to enter into such agreements pursuant to part BB of chapter 58 of the laws of 2012 is in effect. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 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 S. 4008--B 63 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 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. Intentionally omitted. § 4. This act shall take effect one year after it shall have become a law. PART NN Intentionally Omitted PART OO S. 4008--B 64 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 (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 S. 4008--B 65 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 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 PURSUANT TO SUBDIVISION 9, 10, AND/OR 10-A OF THIS SECTION, NO LATER THAN MARCH THIRTY-FIRST FOR THE PREVIOUS CALENDAR YEAR. § 5. The state finance law is amended by adding a new section 163-d to read as follows: § 163-D. PROCUREMENT GOALS FOR NEW YORK STATE FOOD PRODUCTS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "NEW YORK STATE FOOD PRODUCT" SHALL MEAN A FOOD ITEM THAT IS: (A) GROWN, HARVESTED, OR PRODUCED IN THIS STATE; OR (B) PROCESSED INSIDE OR OUTSIDE THIS STATE COMPRISING OVER FIFTY-ONE PERCENT OF AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS STATE, BY WEIGHT OR VOLUME. 2. (A) IN ORDER TO CREATE, STRENGTHEN, AND EXPAND LOCAL FARM AND FOOD ECONOMIES THROUGHOUT NEW YORK, ALL STATE AGENCIES ANNUALLY SPENDING AN S. 4008--B 66 AMOUNT EXCEEDING FIFTY THOUSAND DOLLARS ON FOOD OR FOOD PRODUCTS SHALL SET PERCENTAGE GOALS FOR NEW YORK STATE FOOD PRODUCTS PURCHASED YEARLY AND IF A STATE AGENCY SPENDS AN AMOUNT GREATER THAN OR EQUAL TO TWO MILLION DOLLARS ANNUALLY ON FOOD OR FOOD PRODUCTS THEN: IN THE FIRST YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AT LEAST FIFTEEN PERCENT OF ALL FOOD AND FOOD PRODUCTS PURCHASED BY SUCH STATE AGENCY SHALL BE NEW YORK STATE FOOD PRODUCTS; IN THE SECOND YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AT LEAST TWENTY PERCENT OF ALL FOOD AND FOOD PRODUCTS PURCHASED BY SUCH STATE AGENCY SHALL BE NEW YORK STATE FOOD PRODUCTS; AND IN THE THIRD YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION AND THEREAFTER, AT LEAST THIRTY PERCENT OF ALL FOOD AND FOOD PRODUCTS PURCHASED BY SUCH STATE AGENCY SHALL BE NEW YORK STATE FOOD PRODUCTS. (B) TO MEET THE GOAL SET FORTH IN THIS SUBDIVISION, WHEN A STATE AGEN- CY'S CONTRACT FOR THE PURCHASE OF FOOD OR FOOD PRODUCTS IS TO BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER, AN OTHERWISE QUALIFIED BIDDER WHO WILL FULFILL THE CONTRACT THROUGH THE USE OF NEW YORK STATE FOOD PRODUCTS MAY BE GIVEN PREFERENCE OVER OTHER BIDDERS, PROVIDED THAT THE COST INCLUDED IN THE BID OF NEW YORK STATE FOOD PRODUCTS IS NOT MORE THAN TEN PERCENT GREATER THAN THE COST INCLUDED IN A BID THAT IS NOT FOR NEW YORK STATE FOOD PRODUCTS. 3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF THE CONTRACTING STATE AGENCY PURCHASING FOOD OR FOOD PRODUCTS, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT: (A) PURCHASING NEW YORK STATE FOOD OR FOOD PRODUCTS WOULD BE AGAINST THE PUBLIC INTEREST; (B) PURCHASING NEW YORK STATE FOOD OR FOOD PRODUCTS WOULD INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT; (C) NEW YORK STATE FOOD PRODUCTS CANNOT BE OBTAINED IN SUFFICIENT AND REASONABLE AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY TO MEET THE CONTRACTING STATE AGENCY'S REQUIREMENTS; OR (D) PURCHASING FOOD OR FOOD PRODUCTS GROWN, HARVESTED, OR PRODUCED OUTSIDE OF THIS STATE, OR FOOD PROCESSED IN FACILITIES INSIDE OR OUTSIDE OF THIS STATE COMPRISING LESS THAN FIFTY-ONE PERCENT OF AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS STATE, BY WEIGHT OR VOLUME, IS NECESSARY TO AVOID A DELAY IN THE DELIVERY OF FOOD OR FOOD PRODUCTS. 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH OR OTHERWISE LIMIT THE GOALS AND REQUIREMENTS SET FORTH BY SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE AND/OR ARTICLES FIFTEEN-A AND SEVEN- TEEN-B OF THE EXECUTIVE LAW. ANY CONTRACTS MEETING THE GOALS AND REQUIREMENTS SET FORTH BY THIS SECTION, IN ADDITION TO REQUIREMENTS SET FORTH BY SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE AND/OR ARTICLES FIFTEEN-A AND SEVENTEEN-B OF THE EXECUTIVE LAW, SHALL BE COUNTED TOWARD ALL APPLICABLE GOALS AND REQUIREMENTS IT MAY SATISFY. 5. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF AGRICUL- TURE AND MARKETS SHALL PERIODICALLY, BUT NO LATER THAN EVERY THREE YEARS, REVIEW THE NEW YORK STATE FOOD AND FOOD PRODUCT GOALS AND REQUIREMENTS SET FORTH BY SUBDIVISION TWO OF THIS SECTION, AND SHALL ISSUE A JOINT RECOMMENDATION SUGGESTING ANY CHANGES IN SUCH GOALS AND REQUIREMENTS DEEMED NECESSARY. SUCH RECOMMENDATION SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. § 6. Paragraph g of subdivision 4 of section 165 of the state finance law, as amended by chapter 533 of the laws of 2013, is amended to read as follows: S. 4008--B 67 g. No later than December first of each year the commissioner shall annually report to the governor and legislature on the implementation of this subdivision. Such report shall include, at minimum: (i) a description of the office's efforts to improve and increase the tracking of information relating to New York state food procured by agencies; [and] (ii) the information collected pursuant to paragraph f of this subdi- vision, compiled to provide the following, disaggregated by food product and processed food: (a) the total dollar value of New York state food products procured by agencies; (b) the total dollar value of food products from outside of New York state procured by agencies during their listed New York state availabil- ity periods; and (c) the total dollar value of all other food products from outside of New York state and processed food from facilities outside of New York state; AND (III) AN ANNUAL SUMMARY DETAILING EACH STATE AGENCY CONTRACT MADE WHICH SATISFIES THE NEW YORK STATE FOOD PRODUCT PROCUREMENT GOALS AND REQUIREMENTS AS SET FORTH BY SECTION ONE HUNDRED SIXTY-THREE-D OF THIS ARTICLE, DISAGGREGATED BY CONTRACTING AGENCY, TO INCLUDE THE FOLLOWING INFORMATION: (A) THE TOTAL DOLLAR VALUE OF ALL FOOD OR FOOD PRODUCTS PURCHASED IN EACH CONTRACT; (B) THE TOTAL DOLLAR VALUE OF NEW YORK STATE FOOD OR FOOD PRODUCTS PURCHASED IN EACH CONTRACT; (C) THE TOTAL DOLLAR VALUE OF FOOD OR FOOD PRODUCTS FROM OUTSIDE OF NEW YORK STATE AND FOOD PROCESSED FROM FACILITIES INSIDE OR OUTSIDE OF NEW YORK STATE COMPRISING LESS THAN FIFTY-ONE PERCENT OF AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS STATE, BY WEIGHT OR VOLUME PURCHASED IN EACH CONTRACT; (D) THE AGENCY'S ANNUAL AGGREGATE PERCENTAGE OF FOOD OR FOOD PRODUCTS PURCHASED; AND (E) AN ENUMERATION OF EACH AND EVERY CONTRACT ENTERED INTO IN WHICH THE HEAD OF THE CONTRACTING STATE AGENCY APPLIED ONE OF THE EXCEPTIONS PURSUANT TO SUBDIVISION THREE OF SECTION ONE HUNDRED AND SIXTY-THREE-A OF THIS ARTICLE IN THE AWARDING OF A BID; AND THE TOTAL DOLLAR AMOUNT OF FOOD OR FOOD PRODUCTS FROM OUTSIDE OF NEW YORK STATE AND FOOD PROCESSED FROM FACILITIES INSIDE OR OUTSIDE OF NEW YORK STATE COMPRISING LESS THAN FIFTY-ONE PERCENT OF AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS STATE, PURCHASED IN SUCH CONTRACTS. § 7. This act shall take effect immediately; provided however that section five of this act shall take effect six months after this act shall have become law and section six of this act shall take effect two years after this act shall have become law. PART PP Section 1. Short title. This act shall be known and may be cited as the "packaging reduction and recycling infrastructure act". § 2. Article 27 of the environmental conservation law is amended by adding a new title 34 to read as follows: TITLE 34 PACKAGING REDUCTION AND RECYCLING INFRASTRUCTURE ACT SECTION 27-3401. DEFINITIONS. S. 4008--B 68 27-3403. RESPONSIBILITIES OF THE PACKAGING REDUCTION AND RECYCL- ING ORGANIZATION. 27-3405. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN. 27-3407. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL. 27-3409. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL. 27-3411. FUNDING MECHANISM. 27-3413. COLLECTION AND CONVENIENCE. 27-3415. PRODUCER RESPONSIBILITIES. 27-3417. DEPARTMENT RESPONSIBILITIES. 27-3419. STATEWIDE PACKAGING REDUCTION, REUSE, AND RECYCLING NEEDS ASSESSMENT. 27-3421. EDUCATION AND OUTREACH PROGRAM. 27-3423. WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND. 27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS. 27-3427. PACKAGING REDUCTION STANDARDS. 27-3429. RECYCLED CONTENT STANDARDS. 27-3431. RECYCLABILITY CRITERIA. 27-3433. ESTABLISHMENT OF THE OFFICE OF RECYCLING INSPECTOR GENERAL. 27-3435. PENALTIES AND ENFORCEMENT. 27-3437. RULES AND REGULATIONS. 27-3439. STATE PREEMPTION. 27-3441. OTHER ASSISTANCE PROGRAMS. 27-3443. SEVERABILITY. § 27-3401. DEFINITIONS. AS USED IN THIS TITLE: 1. "ADVISORY COUNCIL" OR "COUNCIL" MEANS THE PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL ESTABLISHED UNDER SECTION 27-3409 OF THIS TITLE. 2. "BEVERAGE CONTAINER" MEANS A CONTAINER USED TO CONTAIN ALL DRINKS IN LIQUID FORM AND INTENDED FOR HUMAN CONSUMPTION. 3. "BRAND" MEANS ANY MARK, WORD, NAME, SYMBOL, DESIGN, DEVICE, OR GRAPHICAL ELEMENT OR A COMBINATION THEREOF, INCLUDING A REGISTERED OR UNREGISTERED TRADEMARK, THAT IDENTIFIES AND DISTINGUISHES A PRODUCT FROM OTHER PRODUCTS. 4. "CURBSIDE RECYCLING" MEANS A RECYCLING PROGRAM THAT SERVES RESIDEN- TIAL UNITS, OR SCHOOLS, STATE OR LOCAL AGENCIES, OR INSTITUTIONS WHERE SUCH SCHOOLS, STATE OR LOCAL AGENCIES, OR INSTITUTIONS WERE ELIGIBLE TO BE SERVED UNDER A CONTRACT WITH A MUNICIPALITY BY A MUNICIPALITY OR A PRIVATE SECTOR HAULER AS OF THE EFFECTIVE DATE OF THIS TITLE, AND SUCH RECYCLING PROGRAM IS OPERATED BY A MUNICIPALITY OR PURSUANT TO A CONTRACT WITH THE MUNICIPALITY, PRIVATE SECTOR HAULER, OR OTHER PUBLIC AGENCY OR THROUGH APPROVED LOCAL SOLID WASTE MANAGEMENT PLANS. 5. "DISCARDED", "DISCARDS", "GENERATED" OR "GENERATION" MEANS PACKAG- ING MATERIAL THAT HAS BEEN USED FOR ITS INTENDED PURPOSE AND IS NO LONG- ER NEEDED BY CONSUMERS, BUSINESSES, INSTITUTIONS, AND OTHER USERS, AND CAN BE MANAGED THROUGH REUSE, RECYCLING, OR DISPOSAL. 6. "DISPOSAL" MEANS THE LANDFILLING OR INCINERATION OF MATERIAL OR PRODUCTS. "DISPOSAL" SHALL ALSO INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY ANY MEANS, INCLUDING, BUT NOT LIMITED TO, COMBUSTION, PYROLYSIS, GASIFICATION, OR SOLVOLYSIS. "DISPOSAL" SHALL ALSO INCLUDE THE USE OF MATERIALS AS LANDFILL COVER. 7. "ECO-MODULATION" MEANS PROGRAM FEES THAT ARE STRUCTURED IN A WAY TO PROVIDE PRODUCERS WITH FINANCIAL INCENTIVES TO REDUCE WASTE AT THE SOURCE, INCREASE RECYCLABILITY OF COVERED MATERIALS, PROMOTE REUSABLE PACKAGING PRODUCTS, INCLUDING THOSE THAT ARE CONTAINED WITHIN A REUSE S. 4008--B 69 AND REFILL SYSTEM AND THAT DISINCENTIVIZE DESIGNS OR PRACTICES THAT INCREASE COSTS AND ENVIRONMENTAL IMPACTS OF MANAGING THE PACKAGING MATE- RIALS. 8. "ENVIRONMENTAL JUSTICE COMMUNITY" MEANS ANY NEIGHBORHOOD OR COMMU- NITY WHICH IS COMPOSED PREDOMINANTLY OF PERSONS OF COLOR OR PERSONS BELOW THE POVERTY LINE, THAT IS SUBJECT TO A DISPROPORTIONATE BURDEN OF ENVIRONMENTAL HAZARDS. 9. "LOCAL GOVERNMENT" MEANS ANY MUNICIPAL CORPORATION, GOVERNMENTAL SUBDIVISION OF THE STATE, LOCAL GOVERNMENT UNIT, SPECIAL DISTRICT, SCHOOL, LOCAL OR REGIONAL BOARD, COMMISSION, OR AUTHORITY AUTHORIZED BY LAW TO PLAN OR PROVIDE FOR WASTE MANAGEMENT SERVICES FOR A SPECIFIC GEOGRAPHICAL AREA. 10. (A) "COVERED PACKAGING MATERIAL AND PRODUCTS" OR "COVERED MATERI- ALS" MEANS THE FOLLOWING: (I) A DISCRETE MATERIAL OR CATEGORY OF MATERIAL, REGARDLESS OF RECYCL- ABILITY, INCLUDING BUT NOT LIMITED TO SUCH MATERIAL TYPES THAT ARE FLEX- IBLE, FOAM, OR RIGID MATERIAL, INCLUDING PAPER, PLASTIC, GLASS, METAL, OR MULTI-MATERIAL, THAT IS USED FOR THE PRIMARY, SECONDARY, TERTIARY CONTAINMENT, PROTECTION, HANDLING, DELIVERY, TRANSPORT, DISTRIBUTION, OR PRESENTATION OF ANOTHER PRODUCT THAT IS SOLD, OFFERED FOR SALE, IMPORTED, OR DISTRIBUTED IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION. (II) PRINTED PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO: (1) FLYERS; (2) BROCHURES; (3) BOOKLETS; (4) CATALOGS; (5) TELEPHONE DIRECTORIES; (6) PAPER FIBER; AND (7) PAPER USED FOR WRITING OR ANY OTHER PURPOSE; (III) SINGLE-USE PLASTIC PRODUCTS THAT FREQUENT THE RESIDENTIAL WASTE STREAM OR ARE PLASTIC PRODUCTS THAT HAVE THE EFFECT OF DISRUPTING RECY- CLING PROCESSES, INCLUDING, BUT NOT LIMITED TO, SINGLE-USE PLASTIC ITEMS SUCH AS STRAWS, UTENSILS, CUPS, PLATES, AND PLASTIC BAGS. (B) COVERED MATERIALS DOES NOT INCLUDE: (I) MEDICAL DEVICES AND PACKAGING WHICH ARE INCLUDED WITH PRODUCTS REGULATED AS A DRUG, MEDICAL DEVICE, OR DIETARY SUPPLEMENT BY THE UNITED STATES 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; (II) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS, ANTISERA, DIAG- NOSTIC KITS, AND OTHER PRODUCTS OR 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; (III) PACKAGING REGULATED BY THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, 7 U.S.C. SEC. 136 ET SEQ. OR OTHER APPLICABLE FEDERAL LAW, RULE, OR REGULATION; (IV) NEWSPAPERS AND MAGAZINES; AND (V) BEVERAGE CONTAINERS SUBJECT TO A RETURNABLE CONTAINER DEPOSIT UNDER TITLE TEN OF THIS ARTICLE. 11. "PACKAGING REDUCTION AND RECYCLING ORGANIZATION" OR "ORGANIZATION" MEANS A REGISTERED 501(C)(3) NON-PROFIT CHARITABLE ORGANIZATION, PURSU- ANT TO 26 U.S.C. 501(C)(3), DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS AN AGENT ON BEHALF OF EACH PRODUCER TO DEVELOP AND IMPLEMENT A PACKAGING REDUCTION AND RECYCLING PLAN PURSUANT TO SECTION 27-3405 OF THIS TITLE AND COMPLY WITH THE ORGANIZATION RESPONSIBILITIES UNDER SECTION 27-3403 OF THIS TITLE. 12. "PACKAGING REDUCTION AND RECYCLING PLAN" OR "PLAN" MEANS A DOCU- MENT IN WHICH INDIVIDUAL PRODUCERS OR THE ORGANIZATION DESCRIBE THE S. 4008--B 70 EFFORTS THEY WILL UNDERTAKE TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE. 13. "PACKAGING REDUCTION AND RECYCLING PROGRAM" OR "PROGRAM" MEANS A PROGRAM BY WHICH PRODUCERS WHO SELL, OFFER FOR SALE, OR DISTRIBUTE COVERED PACKAGING MATERIALS AND PRODUCTS SHALL REGISTER WITH THE DEPART- MENT, EITHER INDIVIDUALLY OR THROUGH A PACKAGING REDUCTION AND RECYCLING ORGANIZATION, TO COMPLY AND IMPLEMENT THE PROVISIONS OF THIS TITLE. THE PROGRAM IS OVERSEEN BY THE DEPARTMENT. 14. "POST-CONSUMER RECYCLED MATERIAL" MEANS NEW MATERIAL PRODUCED USING MATERIAL RESULTING FROM THE RECOVERY, SEPARATION, COLLECTION AND REPROCESSING OF MATERIAL THAT WOULD OTHERWISE BE DISPOSED OF OR PROC- ESSED AS WASTE AND THAT WAS ORIGINALLY SOLD FOR CONSUMPTION. "POST-CON- SUMER RECYCLED MATERIAL" DOES NOT INCLUDE POST-INDUSTRIAL MATERIAL OR PRE-CONSUMER MATERIAL, OR MATERIAL GENERATED BY MEANS OF ADVANCED RECY- CLING, CHEMICAL RECYCLING, COMBUSTION, GASIFICATION, INCINERATION, PYRO- LYSIS, SOLVOLYSIS, WASTE-TO-ENERGY, WASTE-TO-FUEL, OR ANY OTHER CHEMICAL OR MOLECULAR CONVERSION PROCESS. 15. "PRODUCER" MEANS THE FOLLOWING ENTITIES FOR COMPLIANCE WITH THE REQUIREMENTS FOR COVERED MATERIALS SOLD, OFFERED FOR SALE, OR DISTRIB- UTED TO CONSUMERS IN OR INTO THIS STATE: (A) FOR COVERED MATERIALS SOLD OR SERVED TO CONSUMERS AT A PHYSICAL RETAIL LOCATION IN THIS STATE: (I) IF THE COVERED MATERIALS ARE SOLD OR SERVED UNDER THE MANUFACTUR- ER'S OWN BRAND OR ARE SOLD OR SERVED IN COVERED MATERIALS THAT LACKS IDENTIFICATION OF A BRAND, THE PRODUCER OF THE COVERED MATERIALS IS THE PERSON THAT MANUFACTURES THE PRODUCT; (II) IF SUBPARAGRAPH (I) OF THIS PARAGRAPH DOES NOT APPLY, THE PRODUC- ER OF THE COVERED MATERIALS IS THE PERSON THAT IS THE LICENSEE OF A BRAND OR TRADEMARK UNDER WHICH A PRODUCT IS SOLD OR SERVED TO A CONSUMER IN OR INTO THIS STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED IN THIS STATE, UNLESS THE MANUFACTURER OF THE COVERED MATERIALS HAS AGREED TO ACCEPT RESPONSIBILITY; WHERE THE PRODUCER IS A BUSINESS OPERATED WHOLLY OR IN PART AS A FRANCHISE, THE PRODUCER IS THE FRANCHISOR, IF SUCH FRANCHISOR HAS FRANCHISEES THAT ARE RESIDENT IN THE STATE; (III) IF THERE IS NO PERSON AS DESCRIBED IN SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH WITHIN THE UNITED STATES, THE PRODUCER OF THE COVERED MATERIAL IS THE PERSON WHO IMPORTS THE PRODUCT INTO THE UNITED STATES FOR USE IN A COMMERCIAL ENTERPRISE THAT SELLS, OFFERS FOR SALE, OR DISTRIBUTES THE PRODUCT TO CONSUMERS IN THIS STATE. (B) FOR PRODUCTS SOLD OR DISTRIBUTED TO CONSUMERS IN COVERED MATERIALS IN OR INTO THIS STATE VIA REMOTE SALE OR DISTRIBUTION: (I) THE PRODUCER OF COVERED MATERIALS USED TO DIRECTLY PROTECT OR CONTAIN THE PRODUCT IS THE SAME AS THE PRODUCER DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION. (II) THE PRODUCER OF COVERED MATERIALS USED TO SHIP THE PRODUCT TO A CONSUMER IS THE PERSON THAT MANUFACTURERS THE SHIPPING MATERIAL. 16. "PRODUCT LINE" MEANS A GROUP OF RELATED PRODUCTS ALL MARKETED UNDER A SINGLE BRAND NAME THAT IS SOLD BY THE SAME PRODUCER TO DISTIN- GUISH PRODUCTS FROM EACH OTHER FOR BETTER USABILITY FOR CUSTOMERS. 17. "RECYCLABLE" MEANS A COVERED MATERIAL THAT MEETS THE CRITERIA IN SECTION 27-3431 OF THIS TITLE. 18. "RECYCLED" MEANS THE USE OF DISCARDED PACKAGING MATERIALS OR PRODUCTS IN THE PRODUCTION OF A NEW PRODUCT OR PACKAGING IN PLACE OF VIRGIN MATERIALS. "RECYCLED" MATERIAL DOES NOT INCLUDE CONTAMINANTS, RESIDUES, AND OTHER PROCESS LOSSES OR USE OF MATERIALS AS LANDFILL COVER. S. 4008--B 71 19. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH MATERIAL IS: (A) COLLECTED, TRANSPORTED, SORTED, AND PROCESSED; OR (B) USED IN INDUS- TRIAL FEEDSTOCKS IN PLACE OF VIRGIN MATERIALS TO MANUFACTURE NEW PRODUCTS WITH MINIMAL LOSS OF MATERIAL QUALITY AND QUANTITY. "RECYCL- ING" DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY ANY MEANS, COMBUSTION, GASIFICATION, INCINERATION, PYROLYSIS, SOLVOLYSIS, OR ANY OTHER CHEMICAL CONVERSION PROCESS OR CREATION OF A HAZARDOUS SUBSTANCE. IT ALSO DOES NOT INCLUDE LANDFILL DISPOSAL OF DISCARDED MATERIAL OR DISCARDED PRODUCT COMPONENT MATERIALS, INCLUDING THE USE OF MATERIALS AS LANDFILL COVER. 20. "RECYCLING RATE" MEANS THE PERCENTAGE OF ANY GIVEN PACKAGING TYPE THAT IS ULTIMATELY RECYCLED. THE RECYCLING RATE FOR ANY COVERED MATERIAL SHALL BE CALCULATED AS THE TOTAL WEIGHT OF PACKAGING THAT IS RECYCLED IN A GIVEN YEAR DIVIDED BY THE TOTAL WEIGHT OF COVERED MATERIAL GENERATED IN THAT YEAR. MATERIAL LOSSES, INCLUDING CONTAMINANTS AND RESIDUES, ACCRUING DURING COLLECTION, PROCESSING AND MANUFACTURING NEW PRODUCTS DO NOT COUNT AS RECYCLED AND SHOULD NOT BE IN THE NUMERATOR OF THE EQUATION. 21. "REUSE" MEANS THE RETURN OF PACKAGING BACK INTO THE ECONOMIC STREAM FOR USE IN THE SAME KIND OF APPLICATION INTENDED FOR THE ORIGINAL PACKAGING, WITHOUT EFFECTUATING A CHANGE IN THE ORIGINAL COMPOSITION OF THE PACKAGE, THE IDENTITY OF THE PRODUCT, OR THE COMPONENTS THEREOF. 22. "REUSE AND REFILL SYSTEM" MEANS A PROGRAM OR SET OF MECHANISMS DESIGNED TO FACILITATE MULTIPLE USES OF PACKAGING. MECHANISMS MAY INCLUDE, BUT ARE NOT LIMITED TO, DEPOSITS, INCENTIVES, CURBSIDE COLLECTION, COLLECTION KIOSKS, REFILL STATIONS, DISHWASHING FACILITIES, AND RE-DISTRIBUTION NETWORKS. 23. "REUSABLE OR REFILLABLE PACKAGING AND CONTAINERS" MEANS PACKAGING MATERIAL AND CONTAINERS THAT ARE SPECIFICALLY DESIGNED AND MANUFACTURED TO MAINTAIN ITS SHAPE AND STRUCTURE, AND BE MATERIALLY DURABLE FOR REPEATED SANITIZING, WASHING, AND REUSE. 24. "TOXIC SUBSTANCES" MEANS A CHEMICAL OR CHEMICAL CLASS IDENTIFIED BY A STATE AGENCY, FEDERAL AGENCY, INTERNATIONAL INTERGOVERNMENTAL AGEN- CY, ACCREDITED RESEARCH UNIVERSITY, OR OTHER SCIENTIFIC ENTITY DEEMED AUTHORITATIVE BY THE DEPARTMENT ON THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE AS BEING ONE OR MORE OF THE FOLLOWING: (A) A CHEMICAL OR CHEMICAL CLASS THAT IS A CARCINOGEN, MUTAGEN, REPRO- DUCTIVE TOXICANT, IMMUNOTOXIN, NEUROTOXICANT, OR ENDOCRINE DISRUPTOR. (B) A CHEMICAL OR CHEMICAL CLASS THAT IS PERSISTENT OR BIOACCUMULA- TIVE. (C) A CHEMICAL OR CHEMICAL CLASS THAT MAY HARM THE NORMAL DEVELOPMENT OF A FETUS OR CHILD OR CAUSE OTHER DEVELOPMENTAL TOXICITY IN HUMANS OR WILDLIFE. (D) A CHEMICAL OR CHEMICAL CLASS THAT MAY HARM ORGANS OR CAUSE OTHER SYSTEMIC TOXICITY. (E) A CHEMICAL OR CHEMICAL CLASS THAT MAY HAVE ADVERSE AIR QUALITY IMPACTS, ADVERSE ECOLOGICAL IMPACTS, ADVERSE SOIL QUALITY IMPACTS, OR ADVERSE WATER QUALITY IMPACTS. (F) A CHEMICAL OR CHEMICAL CLASS THAT THE DEPARTMENT HAS DETERMINED HAS EQUIVALENT TOXICITY TO THE ABOVE CRITERIA. § 27-3403. RESPONSIBILITIES OF THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION. 1. PRODUCERS SHALL EITHER FORM A PACKAGING REDUCTION AND RECYCLING ORGANIZATION INDIVIDUALLY OR COLLECTIVELY TO MEET THE RESPONSIBILITIES OF THE PROGRAM PURSUANT TO THE PROVISIONS OF THIS SECTION. S. 4008--B 72 2. EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION, OR INDIVIDUAL PRODUCERS AS APPLICABLE, SHALL ESTABLISH CONSISTENCY AMONG PROGRAMS SO THAT ALL MATERIALS THAT CAN BE SORTED AND SOLD TO MARKET ARE COLLECTED AND PROCESSED FOR RECOVERY. IF MORE THAN ONE PACKAGING REDUCTION AND RECYCLING ORGANIZATION IS REGISTERED WITHIN THE STATE, EACH ORGANIZATION AND PRODUCER SHALL COORDINATE WITH ALL OTHER SUCH ORGANIZATIONS AND PRODUCERS TO ENSURE THAT THE COLLECTION CONVENIENCE REQUIREMENTS IN SECTION 27-3413 OF THIS TITLE AND EDUCATIONAL REQUIREMENTS IN SECTION 27-3421 OF THIS TITLE ARE MET AND ARE CONSISTENT AND SEAMLESS TO RESI- DENTS, THAT GOVERNMENT AGENCIES AND SERVICE PROVIDERS ARE REIMBURSED FOR RECYCLING SERVICES AS REQUIRED UNDER THIS CHAPTER, AND THAT COVERED PRODUCTS ARE NOT REPORTED AS GENERATED, SUPPLIED OR MANAGED BY MORE THAN ONE ORGANIZATION. 3. EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION IN ADMINIS- TRATION OF THE PROGRAM SHALL: (A) DEVELOP A PACKAGING REDUCTION AND RECYCLING PLAN AND SUBMIT SUCH PLAN TO THE ADVISORY COUNCIL FOR REVIEW AND COMMENT, AND SUBMIT TO THE COMMISSIONER FOR APPROVAL PURSUANT TO SECTION 27-3407 OF THIS TITLE; (B) COLLECT AND COMPILE DATA FROM PRODUCERS AS REQUIRED BY SECTION 27-3415 OF THIS TITLE; (C) CALCULATE REASONABLE REIMBURSEMENT RATES THROUGH AN OBJECTIVE FORMULA APPROVED BY THE DEPARTMENT FOR CURBSIDE RECYCLING; (D) COLLECT FEES DUE FROM PRODUCERS AS REQUIRED BY SECTION 27-3411 OF THIS TITLE; (E) REIMBURSE THE DEPARTMENT FOR THE COSTS ASSOCIATED WITH CONDUCTING THE STATEWIDE NEEDS ASSESSMENT REQUIRED BY SECTION 27-3411 OF THIS TITLE AND THE ADMINISTRATION AND ENFORCEMENT OF THE PROGRAM; (F) DISTRIBUTE FUNDS TO REIMBURSE LOCAL GOVERNMENTS AND PRIVATE COMPA- NIES FOR THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF REDUCTION AND RECYCLING PROGRAMS, INCLUDING COLLECTION, TRANSPORTATION AND PROCESSING AS REQUIRED TO MEET THE COLLECTION CONVENIENCE STANDARDS IN SECTION 27-3413 AND OTHER REQUIREMENTS OF THIS TITLE; (G) MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING INVESTMENTS TOWARD PACKAGING REDUCTION AND REUSE AND MAKE DISBURSEMENTS INTO THE WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND PURSUANT TO SECTION 27-3423 OF THIS TITLE; (H) UNDERTAKE AN EFFECTIVE STATEWIDE EDUCATION AND PUBLIC OUTREACH PROGRAM REQUIRED BY SECTION 27-3421 OF THIS TITLE; (I) OFFER TECHNICAL SUPPORT TO PARTICIPATING PRODUCERS, WITH AN EMPHA- SIS ON SUPPORT TO SMALL BUSINESSES, TO ASSIST THEM WITH COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE, INCLUDING INFORMATION ABOUT PROCURING AFFORDABLE ALTERNATIVES TO NON-COMPLIANT PACKAGING AND REDUCING PACKAG- ING. 4. ANNUALLY, EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT, AT A MINIMUM, MUST INCLUDE THE FOLLOWING INFORMATION: (A) CONTACT INFORMATION FOR THE ORGANIZATION; (B) A LIST OF ALL PARTICIPATING PRODUCERS, BRANDS, AND PRODUCTS; (C) THE TOTAL AMOUNT, BY BOTH WEIGHT AND NUMBER OF UNITS, OF EACH TYPE OF PACKAGING MATERIAL USED TO CONTAIN, PROTECT, HANDLE, DELIVER, TRANS- PORT, DISTRIBUTE, OR PRESENT PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED INTO THE STATE BY EACH INDIVIDUAL PRODUCER DURING THE PRIOR CALENDAR YEAR; (D) THE TOTAL AMOUNT, BY WEIGHT, OF EACH MATERIAL CATEGORY RECYCLED IN THE STATE, AND OUT OF STATE, AS A RESULT OF ACTIVITIES UNDERTAKEN BY THE S. 4008--B 73 ORGANIZATION, EITHER DIRECTLY OR THROUGH REIMBURSEMENT OR CONTRACTUAL ARRANGEMENT; (E) A CALCULATION OF THE RECYCLING RATE OF EACH MATERIAL CATEGORY WHICH IS DERIVED BY DIVIDING THE AMOUNT OF EACH MATERIAL CATEGORY RECY- CLED, AS REPORTED IN PARAGRAPH (D) OF THIS SUBDIVISION BY THE AMOUNT OF EACH MATERIAL CATEGORY GENERATED, AS REPORTED IN PARAGRAPH (C) OF THIS SUBDIVISION; (F) A COMPLETE ACCOUNTING OF ALL PAYMENTS MADE TO AND BY THE ORGANIZA- TION DURING THE PRIOR CALENDAR YEAR; (G) A LIST OF PRODUCERS BELIEVED TO BE OUT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE, AND THE REASON THE ORGANIZATION BELIEVES THE PRODUCER TO BE OUT OF COMPLIANCE. INFORMATION ON NON-COMPLIANT PRODUC- ERS SHALL BE PROVIDED TO THE ATTORNEY GENERAL'S OFFICE IN A TIMELY FASH- ION; (H) A DESCRIPTION OF THE EDUCATIONAL AND OUTREACH EFFORTS MADE BY THE ORGANIZATION IN THE PRIOR CALENDAR YEAR, AND HOW THOSE EFFORTS WERE DESIGNED TO REDUCE PACKAGING WASTE, AND INCREASE REUSE AND RECYCLING OF PACKAGING MATERIALS; (I) AN ASSESSMENT OF WHETHER THE FEE STRUCTURE PURSUANT TO SECTION 27-3411 OF THIS TITLE HAS BEEN EFFECTIVE IN INCENTIVIZING IMPROVEMENTS TO THE DESIGN OF PACKAGING MATERIAL, INCLUDING ACTUAL REDUCTION OF PACK- AGING, INCREASES IN REUSABLE AND REFILLABLE PACKAGING, RECYCLING RATES FOR PACKAGING MATERIALS, AND DECREASES IN THE AMOUNT OF PACKAGING; (J) A DESCRIPTION OF THE REIMBURSEMENTS AND EXPENDITURES MADE PURSUANT TO SECTION 27-3411 OF THIS TITLE; (K) A RECOMMENDATION TO THE DEPARTMENT TO ADD OR REMOVE COVERED PRODUCTS FROM THE LIST OF RECYCLABLE MATERIALS, BASED ON INFORMATION GATHERED FROM END MARKETS, INCLUDING COMMODITY BROKERS AND MANUFACTURERS WHO PURCHASE POST-CONSUMER MATERIALS FOR USE IN MANUFACTURING NEW PRODUCTS; (L) AUDITED FINANCIAL STATEMENTS; AND (M) ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT. 5. THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL OPERATE A PROGRAM THAT PROVIDES FOR COLLECTION CONVENIENCE AS DESCRIBED IN SECTION 27-3413 OF THIS TITLE. 6. THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL NOT SPEND FUNDS ON LOBBYING FEDERAL, STATE, OR LOCAL GOVERNMENTS OR CAMPAIGN CONTRIBUTIONS TO ANY CANDIDATES RUNNING FOR OFFICE. § 27-3405. PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN. 1. WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION, SHALL DEVELOP AND SUBMIT A PACKAGING REDUCTION AND RECYCLING PLAN TO THE DEPARTMENT FOR APPROVAL. THE PLAN SHALL BE SUBMITTED TO THE ADVISORY BOARD FOR REVIEW PURSUANT TO SECTION 27-3409 OF THIS TITLE PRIOR TO THE DEPARTMENT'S APPROVAL. 2. THE PLAN SHALL COVER FIVE YEARS AND BE UPDATED EVERY FIVE YEARS FOLLOWING THE APPROVAL OF THE ORIGINAL PLAN. THE DEPARTMENT SHALL HAVE THE DISCRETION TO REQUIRE THE PLAN TO BE REVIEWED OR REVISED PRIOR TO THE FIVE-YEAR PERIOD PURSUANT TO SECTION 27-3417 OF THIS TITLE. 3. EACH PRODUCER SHALL BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS AFTER THE DATE THE PLAN IS APPROVED OR NO LATER THAN TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE. IF NO PLAN IS APPROVED BY THAT TIMEFRAME, THE PRODUCER SHALL BE SUBJECT TO PENALTIES FOR NONCOMPLIANCE. 4. ANY PERSON THAT BECOMES A PRODUCER AFTER THE EFFECTIVE DATE OF THIS TITLE SHALL SUBMIT AN INDIVIDUAL PLAN, OR JOIN A PACKAGING REDUCTION AND RECYCLING ORGANIZATION, WITHIN SIX MONTHS AND BEGIN PROGRAM IMPLEMENTA- S. 4008--B 74 TION WITHIN SIX MONTHS OF PLAN APPROVAL OR BE SUBJECT TO PENALTIES FOR NONCOMPLIANCE. 5. THE SUBMITTED PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) CONTACT INFORMATION, INCLUDING THE NAME, ELECTRONIC AND PHYSICAL ADDRESS, AND TELEPHONE NUMBER OF THE AUTHORIZED REPRESENTATIVE OF THE PRODUCER OR PRODUCERS; (B) THE IDENTITY OF THE PRODUCER OR PRODUCERS PARTICIPATING IN THE PLAN; (C) A COMPREHENSIVE LIST OF THE TYPES AND BRANDS OF COVERED MATERIALS FOR WHICH THE PRODUCER OR PRODUCERS ARE RESPONSIBLE FOR; (D) A DESCRIPTION OF THE PROPOSED FUNDING MECHANISM, IDENTIFIED IN SECTION 27-3411 OF THIS TITLE, THAT MEETS THE REQUIREMENTS OF THIS TITLE AND IS SUFFICIENT TO COVER THE COST OF OPERATING THE PROGRAM, UPDATING THE PLAN, AND MAINTAINING A FINANCIAL RESERVE SUFFICIENT TO OPERATE THE PROGRAM IN A FISCALLY PRUDENT AND RESPONSIBLE MANNER; (E) AN OBJECTIVE FORMULA ESTABLISHING A REIMBURSEMENT RATE, WHICH COVERS OBLIGATIONS IDENTIFIED IN THE NEEDS ASSESSMENT AND TAKES INTO ACCOUNT VARIABLE REGIONAL COSTS, FOR PARTICIPATING MUNICIPALITIES OR PRIVATE SECTOR SERVICE PROVIDERS; (F) A DESCRIPTION OF THE PROCESS FOR PARTICIPATING MUNICIPALITIES OR PRIVATE SECTOR SERVICE PROVIDERS TO RECOUP REASONABLE COSTS AS ESTAB- LISHED BY THE OBJECTIVE FORMULA, FROM THE PRODUCER OR ORGANIZATION, INCLUDING, AS APPLICABLE, ANY ADMINISTRATIVE, SORTING, COLLECTION, TRANSPORTATION, PUBLIC EDUCATION, OR PROCESSING COSTS, IF THE ORGANIZA- TION USES EXISTING SERVICES THROUGH A MUNICIPALITY OR OBTAINS SUCH SERVICES FROM A PRIVATE SECTOR SERVICE PROVIDER; (G) AT A MINIMUM, THE FOLLOWING FUNDING MECHANISM DETAILS SHALL BE PROVIDED IN THE PLAN: (I) PROPOSED PROGRAM FEES, PROVIDED AS A TABLE LISTING THE RATE PAID FOR EACH MATERIAL CATEGORY, WHICH IN SUM, WILL GENERATE SUFFICIENT FUND- ING TO COVER OBLIGATIONS IDENTIFIED IN THE NEEDS ASSESSMENT AND THE REQUIREMENTS OF THIS TITLE; AND (II) PROPOSED PROGRAM FEE ADJUSTMENTS TO INCORPORATE ECO-MODULATION FACTORS; (H) A DESCRIPTION OF THE CHARACTERISTICS OF EACH TYPE OF PACKAGING MATERIAL THAT ARE RELEVANT TO THE ECO-MODULATING FACTORS SET FORTH PURSUANT TO SECTION 27-3411 OF THIS TITLE; (I) A DESCRIPTION OF THE PROCESS USED FOR THE CONTRACTING WITH A PRIVATE SECTOR ENTITY TO PROVIDE SUCH SERVICES TO RECOUP REASONABLE COSTS IF THE MUNICIPALITY DOES NOT ELECT TO PROVIDE SERVICE; (J) HOW THE PRODUCERS OR ORGANIZATION WILL WORK WITH EXISTING WASTE HAULERS, MATERIAL RECOVERY FACILITIES, RECYCLERS, AND MUNICIPALITIES TO OPERATE OR EXPAND CURRENT COLLECTION PROGRAMS TO ADDRESS MATERIAL COLLECTION METHODS; (K) A DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION WILL USE OPEN, COMPETITIVE, AND FAIR PROCUREMENT PRACTICES SHOULD THEY DIRECTLY ENTER INTO CONTRACTUAL AGREEMENTS WITH SERVICE PROVIDERS, INCLUDING MUNICI- PALITIES AND PRIVATE ENTITIES; (L) A DESCRIPTION OF HOW A MUNICIPALITY WILL PARTICIPATE, ON A VOLUN- TARY BASIS, WITH COLLECTION AND HOW EXISTING MUNICIPAL RECYCLING PROC- ESSING AND COLLECTION INFRASTRUCTURE WILL BE USED; (M) A DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION PLANS TO MEET THE CONVENIENCE REQUIREMENTS SET FORTH IN THIS TITLE; (N) A DESCRIPTION OF THE PROCESS FOR END-OF-LIFE MANAGEMENT, INCLUDING RECYCLING AND DISPOSAL OF RESIDUALS COLLECTED FOR RECYCLING, USING ENVI- RONMENTALLY SOUND MANAGEMENT PRACTICES; S. 4008--B 75 (O) A DESCRIPTION OF HOW THE ORGANIZATION SHALL PROVIDE THE OPTION TO PURCHASE RECYCLED MATERIALS FROM PROCESSORS; (P) A DESCRIPTION OF HOW PRODUCERS ARE COMPLYING WITH AND EXCEEDING THE WASTE REDUCTION, TOXICS, AND POST-CONSUMER CONTENT REQUIREMENTS OF THE TITLE; (Q) A DESCRIPTION OF HOW THE ORGANIZATION WILL STRATEGICALLY INVEST IN EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE AND MARKET DEVEL- OPMENT IN THE STATE, INCLUDING, BUT NOT LIMITED TO, INSTALLING OR UPGRADING EQUIPMENT TO IMPROVE SORTING OF COVERED MATERIALS OR MITIGAT- ING THE IMPACTS OF COVERED MATERIALS TO OTHER COMMODITIES AT EXISTING SORTING AND PROCESSING FACILITIES, AND CAPITAL EXPENDITURES FOR NEW TECHNOLOGY, EQUIPMENT, AND FACILITIES; (R) A PROCESS TO ADDRESS CONCERNS AND QUESTIONS FROM CUSTOMERS AND RESIDENTS; (S) A DESCRIPTION OF THE PRODUCER OR ORGANIZATION'S PUBLIC OUTREACH EDUCATION PROGRAM FOR CONSUMERS AND OTHER STAKEHOLDERS; (T) A DESCRIPTION OF HOW COMMENTS OF STAKEHOLDERS WERE CONSIDERED AND ADDRESSED IN THE DEVELOPMENT OF THE PLAN; AND (U) A DETAILED DESCRIPTION OF HOW THE PRODUCERS OR ORGANIZATION CONSULTED WITH THE ADVISORY BOARD, THE PUBLIC, AND OTHER STAKEHOLDERS IN THE DEVELOPMENT OF THE PLAN PRIOR TO ITS SUBMISSION TO THE DEPARTMENT, AND TO WHAT EXTENT THE PRODUCERS OR ORGANIZATION SPECIFICALLY INCORPO- RATED THE ADVISORY BOARD'S INPUT INTO THE PLAN. 6. THE PRODUCERS OR ORGANIZATION SHALL ALSO PROVIDE THE ADVISORY BOARD A REASONABLE PERIOD OF TIME TO REVIEW AND COMMENT UPON THE DRAFT PLAN PRIOR TO ITS SUBMISSION TO THE DEPARTMENT. THE PRODUCERS OR ORGANIZATION SHALL MAKE AN ASSESSMENT OF COMMENTS RECEIVED AND SHALL PROVIDE A SUMMA- RY AND AN ANALYSIS OF THE ISSUES RAISED BY THE ADVISORY BOARD AND SIGNIFICANT CHANGES SUGGESTED BY ANY SUCH COMMENTS, A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT CHANGES WERE NOT INCORPORATED INTO THE PLAN, AND A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF SUCH COMMENTS. § 27-3407. PACKAGING REDUCTION AND RECYCLING PLAN APPROVAL. 1. BEFORE APPROVAL OR DENIAL OF A PACKAGING REDUCTION AND RECYCLING PLAN CAN BE MADE IN ACCORDANCE WITH THIS TITLE, THE PRODUCER OR ORGAN- IZATION SHALL SUBMIT THE PLAN TO THE PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL. 2. WITHIN SIXTY DAYS OF THE ADVISORY COUNCIL MAKING A RECOMMENDATION TO THE DEPARTMENT, THE DEPARTMENT SHALL MAKE A DETERMINATION TO APPROVE THE PLAN AS SUBMITTED; APPROVE THE PLAN WITH CONDITIONS; OR DENY THE PLAN, WITH REASONS FOR THE DENIAL. 3. THE ADVISORY COUNCIL IN RECOMMENDING, AND THE DEPARTMENT IN APPROV- ING OR DENYING A PLAN, SHALL CONSIDER THAT: (A) THE PLAN ADEQUATELY ADDRESSES ALL ELEMENTS DESCRIBED IN SECTION 27-3405 OF THIS TITLE WITH SUFFICIENT DETAIL TO DEMONSTRATE THAT THE PLAN WILL BE MET; (B) THE PRODUCER HAS UNDERTAKEN SATISFACTORY CONSULTATION WITH THE ADVISORY COUNCIL, THE PUBLIC, AND OTHER STAKEHOLDERS ON THE DRAFT PLAN PURSUANT TO SUBDIVISION SIX OF SECTION 27-3405 OF THIS TITLE AND HAS PROVIDED AN OPPORTUNITY FOR THE ADVISORY COUNCIL'S INPUT IN THE IMPLE- MENTATION AND OPERATION OF THE PLAN PRIOR TO SUBMISSION OF THE PLAN, AND HAS THOROUGHLY DESCRIBED HOW THE ADVISORY COUNCIL'S INPUT WILL BE ADDRESSED BY AND INCORPORATED INTO THE PLAN; (C) THE PLAN ALSO ADEQUATELY PROVIDES FOR: S. 4008--B 76 (I) THE PRODUCER COLLECTING AND FUNDING THE COSTS OF COLLECTING AND PROCESSING COVERED MATERIALS BY CONTRACTING WITH PRIVATE SECTOR SERVICE PROVIDERS OR REIMBURSING MUNICIPALITIES; (II) THE FUNDING MECHANISM TO COVER THE COST OF THE PROGRAM, INCLUDING ADMINISTRATION, ENFORCEMENT, THE STATEWIDE NEEDS ASSESSMENT, AND DISBURSEMENTS INTO THE WASTE REDUCTION AND RECYCLING INFRASTRUCTURE FUND; (III) CONVENIENT AND FREE CONSUMER ACCESS TO COLLECTION FACILITIES OR COLLECTION SERVICES; (IV) A FORMULAIC SYSTEM FOR EQUITABLE DISTRIBUTION OF FUNDS; (V) COMPREHENSIVE PUBLIC EDUCATION AND OUTREACH; (VI) AN EVALUATION SYSTEM FOR THE FEE STRUCTURE, WHICH SHALL BE EVALU- ATED ON AN ANNUAL BASIS BY THE ORGANIZATION AND RESUBMITTED AND APPROVED BY THE DEPARTMENT ANNUALLY; (VII) A CONVENIENT SYSTEM FOR CONSUMERS TO RECYCLE THAT IS, AT MINI- MUM, AS CONVENIENT AS CURBSIDE COLLECTION OR AS CONVENIENT AS THE PREVI- OUS WASTE COLLECTION SYSTEM IN THE PARTICULAR JURISDICTION; AND (VIII) ADEQUATE CONSIDERATION OF THE STATE'S SOLID WASTE MANAGEMENT POLICY SET FORTH IN SECTION 27-0106 OF THIS ARTICLE. 4. THE DEPARTMENT MAY ESTABLISH ADDITIONAL PLAN REQUIREMENTS IN ADDI- TION TO THOSE IDENTIFIED HEREIN TO FULFILL THE INTENT OF THIS TITLE; PROVIDED, HOWEVER, THAT ANY ADDITIONAL REQUIREMENTS SHALL BE ESTABLISHED ONE YEAR PRIOR TO A REQUIRED SUBMISSION OF A PLAN UNLESS SUCH ADDITIONAL REQUIREMENTS ARE IN RELATION TO THE POWER GRANTED TO THE DEPARTMENT SECTION 27-3417 OF THIS TITLE. 5. NO LATER THAN SIX MONTHS AFTER THE DATE THE PLAN IS APPROVED, THE ORGANIZATION SHALL IMPLEMENT THE APPROVED PLAN. THE DEPARTMENT MAY RESCIND THE APPROVAL OF AN APPROVED PLAN AT ANY TIME WITH CAUSE AND DOCUMENTED JUSTIFICATION. § 27-3409. PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A PACKAGING REDUCTION AND RECYCLING ADVISORY COUNCIL TO RECEIVE AND REVIEW THE PACK- AGING REDUCTION AND RECYCLING PLANS REQUIRED UNDER SECTION 27-3405 OF THIS TITLE, TO MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING APPROVAL OF THE PLANS, AND TO REVIEW THE ANNUAL REPORTS PRODUCED BY ORGANIZA- TIONS. 2. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER SHALL APPOINT THE MEMBERS OF THE ADVISORY COUNCIL. THE ADVISORY COUNCIL SHALL BE COMPOSED OF THIRTEEN MEMBERS, AND THE COMMIS- SIONER SHALL APPOINT AT LEAST ONE MEMBER FROM EACH OF THE FOLLOWING: (A) A MUNICIPALITY ASSOCIATION OR MUNICIPAL RECYCLING PROGRAM, INCLUD- ING AN ADDITIONAL MUNICIPAL REPRESENTATIVE FROM CITIES WITH A POPULATION OF ONE MILLION OR MORE RESIDENTS; (B) A STATEWIDE ENVIRONMENTAL ORGANIZATION; (C) A REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE COMMUNITY AFFECTED BY SOLID WASTE INFRASTRUCTURE; (D) AN ENVIRONMENTAL JUSTICE ORGANIZATION; (E) A STATEWIDE WASTE DISPOSAL OR RECYCLING ASSOCIATION; (F) A MATERIALS RECOVERY FACILITY LOCATED WITHIN THE STATE; (G) A RECYCLING COLLECTION PROVIDER; (H) A MANUFACTURER OF PACKAGING MATERIALS UTILIZING POST-CONSUMER RECYCLED CONTENT; (I) A CONSUMER ADVOCATE; (J) A RETAILER; (K) A PUBLIC HEALTH SPECIALIST; AND S. 4008--B 77 (L) A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION ESTABLISHED UNDER THIS TITLE AS NON-VOTING MEMBERS. 4. APPOINTMENTS TO THE ADVISORY COUNCIL ARE TERM-LIMITED TO FIVE CONSECUTIVE YEARS OF SERVICE; THE CHAIR SHALL BE CHOSEN THROUGH A MAJOR- ITY VOTE OF ITS MEMBERS AND SHALL SERVE NO LONGER THAN ONE CONSECUTIVE YEAR; 5. ANY MEMBER OF THE ADVISORY COUNCIL WHO REPRESENTS A REGISTERED 501(C)(3) NON-PROFIT CHARITABLE ORGANIZATION, PURSUANT TO 26 U.S.C. 501(C)(3), SHALL BE PROVIDED A STIPEND FOR THEIR WORK AS AN ADVISORY COUNCIL MEMBER AT AN AMOUNT EQUAL TO TWO HUNDRED FORTY HOURS, MULTIPLIED BY DOUBLE THE PREVAILING MINIMUM WAGE; 6. ALL DECISIONS MADE BY THE ADVISORY COUNCIL SHALL BE DECIDED BY VOTING AND VOTES SHALL ONLY BE VALID WHEN A QUORUM IS PRESENT. A QUORUM SHALL EXIST WHEN GREATER THAN FIFTY PERCENT OF VOTING MEMBERS ARE PRES- ENT. THE ADVISORY COUNCIL SHALL MEET AT LEAST ONCE A YEAR BY THE CALL OF THE CHAIR OR BY REQUEST OF MORE THAN HALF THE MEMBERS. THE DECISIONS OF THE ADVISORY COUNCIL SHALL BE BY VOTE OF THE MAJORITY OF ITS MEMBERSHIP; 7. THE COUNCIL SHALL DETERMINE WHETHER THE PLAN SUBMITTED UNDER SECTION 27-3407 OF THIS TITLE MEETS THE CRITERIA AND OBJECTIVES UNDER THIS SECTION IN MAKING ITS RECOMMENDATION. 8. THE ADVISORY COUNCIL SHALL, WITHIN NINETY DAYS OF THE SUBMISSION OF A PACKAGING REDUCTION AND RECYCLING PLAN, EITHER: (A) FORWARD THE PLAN TO THE COMMISSIONER WITH ITS RECOMMENDATION FOR APPROVAL; OR (B) FORWARD THE PLAN TO THE COMMISSIONER WITH ITS DISAPPROVAL AND STATED REASONS THEREFOR, INCLUDING ANY RECOMMENDED CHANGES TO THE PLAN NECESSARY FOR APPROVAL. 9. AN ORGANIZATION MAY RESUBMIT A PACKAGING REDUCTION AND RECYCLING PLAN FOR APPROVAL AT ANY TIME. UPON SUCH RESUBMISSION, THE ADVISORY COUNCIL SHALL, WITHIN NINETY DAYS, FORWARD THE PLAN TO THE COMMISSIONER WITH ITS RECOMMENDATION FOR APPROVAL OR DISAPPROVAL. 10. THE ADVISORY COUNCIL SHALL REVIEW THE SUBMITTED ANNUAL REPORTS AND MAKE SUCH RECOMMENDATIONS TO THE DEPARTMENT AND THE ORGANIZATION FOR IMPROVING FUTURE PLANS. § 27-3411. FUNDING MECHANISM. 1. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL ESTABLISH PROGRAM PARTICIPATION FEES FOR PRODUCERS THROUGH THE PLAN PURSUANT TO SECTION 27-3405 OF THIS TITLE, WHICH SHALL BE SUFFICIENT TO COVER ALL COSTS OF THE PROGRAM, INCLUDING ADMINISTRATION, ENFORCEMENT, THE STATE- WIDE NEEDS ASSESSMENT, AND DISBURSEMENTS INTO THE WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN- BBBBB OF THE STATE FINANCE LAW. 2. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL STRUCTURE PROGRAM CHARGES TO PROVIDE PRODUCERS WITH FINANCIAL INCENTIVES THROUGH ECO-MODULATION, TO REWARD WASTE AND SOURCE REDUCTION AND RECYCLING COMPATIBILITY INNOVATIONS AND PRACTICES, AND TO DISINCENTIVIZE DESIGNS OR PRACTICES THAT INCREASE COSTS OF MANAGING THE PRODUCTS OR WHICH CONTAIN TOXIC SUBSTANCES. 3. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION MAY ADJUST FEES TO BE PAID BY PARTICIPATING PRODUCERS BASED ON FACTORS THAT AFFECT SYSTEM COSTS. AT A MINIMUM, FEES SHALL BE VARIABLE BASED ON: (A) COSTS TO PROVIDE CURBSIDE COLLECTION OR ANOTHER FORM OF RESIDEN- TIAL SERVICE THAT IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION OR AS CONVENIENT AS THE PREVIOUS RECYCLING COLLECTION PLAN IN THE PARTICULAR JURISDICTION OR AS CONVENIENT AS THE PREVIOUS REFUSE S. 4008--B 78 COLLECTION PLAN IN THE PARTICULAR JURISDICTION SHOULD RECYCLING COLLECTION NOT BE PROVIDED; (B) COSTS TO PROCESS COVERED MATERIALS FOR ACCEPTANCE BY SECONDARY MATERIAL MARKETS; (C) WHETHER THE COVERED MATERIAL WOULD TYPICALLY BE READILY-RECYCLABLE EXCEPT THAT AS A CONSEQUENCE OF THE PACKAGING DESIGN, THE PACKAGING PRODUCT HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE PRODUCT INCLUDES LABELS, INKS, AND ADHESIVES CONTAINING HEAVY METALS OR OTHER TOXIC SUBSTANCES THAT WOULD CONTAMINATE THE RECYCLING PROCESS; (D) WHETHER THE PACKAGING MATERIAL IS SPECIFICALLY DESIGNED TO BE REUSABLE OR REFILLABLE AND HAS HIGH REUSE OR REFILL RATE; AND (E) THE COMMODITY VALUE OF A PACKAGING MATERIAL. 4. THE FEES SHALL BE ADJUSTED, OR THE PRODUCERS MAY BE PROVIDED A CREDIT, BASED UPON THE PERCENTAGE OF POST-CONSUMER RECYCLED MATERIAL CONTENT AND SUCH PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT SHALL BE VERIFIED BY THE ORGANIZATION OR THROUGH AN INDEPENDENT THIRD PARTY APPROVED TO PERFORM VERIFICATION SERVICES TO ENSURE THAT SUCH PERCENTAGE EXCEEDS THE MINIMUM REQUIREMENTS IN THE PACKAGING, AS LONG AS THE RECY- CLED CONTENT DOES NOT DISRUPT THE POTENTIAL FOR FUTURE RECYCLING. 5. IN ADDITION TO THE ANNUAL SCHEDULE OF FEES APPROVED IN THE PLAN, THE ORGANIZATION FEE SCHEDULE MAY INCLUDE A SPECIAL ASSESSMENT ON SPECIFIC CATEGORIES OF PACKAGING MATERIALS AT THE REQUEST OF RESPONSIBLE ENTITIES REPRESENTING AND APPROVED BY THE ADVISORY COUNCIL IF THE NATURE OF THE PACKAGING MATERIAL IMPOSES UNUSUAL COSTS IN COLLECTION OR PROC- ESSING OR REQUIRES SPECIAL ACTIONS TO ADDRESS EFFECTIVE ACCESS TO RECY- CLING OR SUCCESSFUL PROCESSING IN MUNICIPAL RECYCLING FACILITIES. 6. THE REVENUE FROM ANY SPECIAL ASSESSMENT SHALL BE USED TO MAKE SYSTEM IMPROVEMENTS FOR THE SPECIFIC PACKAGING MATERIALS OR PRODUCTS ON WHICH THE SPECIAL ASSESSMENT WAS APPLIED. 7. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL BE RESPONSI- BLE FOR CALCULATING AND DISPERSING FUNDING AT A REASONABLE RECYCLING PROGRAM FUNDING RATE THROUGH AN OBJECTIVE FORMULA APPROVED BY THE DEPARTMENT, AND SUCH REASONABLE RATE MAY BE VARIED BASED ON POPULATION DENSITY RATES, FOR MUNICIPAL SERVICES UTILIZED BY A PACKAGING REDUCTION AND RECYCLING ORGANIZATION IF THE MUNICIPALITY ELECTS TO BE COMPENSATED BY THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION IN THE COLLECTION, RECOVERY, RECYCLING, AND PROCESSING OF COVERED MATERIALS AND PRODUCTS, WHETHER SUCH SERVICES ARE PROVIDED DIRECTLY BY THE MUNICIPALITY OR THROUGH A CONTRACTED SERVICE PROVIDER. 8. IF A MUNICIPALITY DOES NOT ELECT TO PROVIDE SERVICE, AND HAS GIVEN NOTICE TO THE DEPARTMENT OF ITS INTENT, THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL BE RESPONSIBLE FOR CONTRACTING WITH A PRIVATE ENTITY FOR SERVICES AND SHALL BE RESPONSIBLE FOR CALCULATING AND DISBURSING FUNDING AT A REASONABLE RECYCLING PROGRAM RATE FOR COLLECTION, RECYCLING, RECOVERY, AND PROCESSING SERVICES PROVIDED BY THE PRIVATE SECTOR ENTITY CONTRACTED TO PROVIDE SUCH SERVICES. 9. THE PROGRAM FUNDING MECHANISM SHALL BE BASED ON THE COST OF PROVID- ING RECYCLING SERVICES, INCLUDING THE COST OF CURBSIDE CONTAINERS WHERE RELEVANT, AS WELL AS THE PROCESSING COST FOR EACH RECYCLABLE MATERIAL, COST OF HANDLING NON-RECYCLABLE MATERIAL TYPES COLLECTED AS PART OF A RECYCLING OPERATION, TRANSPORTATION COST OF RECYCLING FOR EACH MATERIAL TYPE, AND ANY OTHER COST FACTORS AS DETERMINED BY THE DEPARTMENT. 10. TO FACILITATE A PACKAGING REDUCTION AND RECYCLING ORGANIZATION'S DETERMINATION OF THE REASONABLE COST OF RECYCLING, PARTICIPATING MUNICI- PALITIES AND PRIVATE SECTOR HAULERS CONTRACTING WITH THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL REPORT DATA RELATED TO THEIR S. 4008--B 79 COSTS AND THE VALUE OF MATERIALS TO THE PACKAGING REDUCTION AND RECYCL- ING ORGANIZATION. COST CALCULATIONS SHALL TAKE INTO CONSIDERATION THE AMOUNT RECEIVED FROM THE SALE OF SOURCE SEPARATED MATERIALS. 11. ANY FUNDS DIRECTLY COLLECTED PURSUANT TO THIS TITLE SHALL NOT BE USED TO CARRY OUT LOBBYING ACTIVITIES ON BEHALF OF A PACKAGING REDUCTION AND RECYCLING ORGANIZATION. 12. NO RETAILER MAY CHARGE A POINT-OF-SALE OR OTHER FEE TO CONSUMERS TO FACILITATE A PRODUCER TO RECOUP THE COSTS ASSOCIATED WITH MEETING THE OBLIGATIONS UNDER THIS TITLE. 13. NOTHING IN THIS TITLE SHALL REQUIRE A MUNICIPALITY TO PARTICIPATE IN THE PACKAGING REDUCTION AND RECYCLING PROGRAM. § 27-3413. COLLECTION AND CONVENIENCE. 1. A PRODUCER OR ORGANIZATION SHALL PROVIDE FOR WIDESPREAD, CONVEN- IENT, AND EQUITABLE ACCESS TO COLLECTION OPPORTUNITIES FOR RECYCLABLE COVERED MATERIALS AT NO ADDITIONAL COST. SUCH OPPORTUNITIES SHALL BE PROVIDED TO ALL RESIDENTS OF THE STATE IN A MANNER THAT IS AS CONVENIENT AS THE COLLECTION OF MUNICIPAL SOLID WASTE. A PRODUCER OR ORGANIZATION SHALL ENSURE SERVICES CONTINUE FOR CURBSIDE RECYCLING PROGRAMS THAT A MUNICIPALITY SERVES AS OF THE EFFECTIVE DATE OF THIS TITLE, EITHER DIRECTLY OR THROUGH A CONTRACT TO PROVIDE SERVICES, AND THAT SUCH SERVICES ARE CONTINUED THROUGH SUCH PRODUCER OR ORGANIZATION'S PLAN PURSUANT TO SECTION 27-3405 OF THIS TITLE. 2. A PLAN SHALL NOT RESTRICT A JURISDICTION'S RESIDENT'S ABILITY TO CONTRACT DIRECTLY WITH THIRD PARTIES TO OBTAIN RECYCLING COLLECTION SERVICES IF RESIDENTS HAVE THE OPTION TO ENTER INTO SUCH CONTRACTS AS OF THE EFFECTIVE DATE OF THIS TITLE, AS LONG AS THE RESIDENT STILL VOLUN- TARILY CHOOSES TO CONTRACT DIRECTLY WITH THE THIRD PARTY. 3. AN ORGANIZATION MAY RELY ON A RANGE OF MEANS TO COLLECT VARIOUS CATEGORIES OF COVERED MATERIALS SO LONG AS COVERED MATERIALS COLLECTION OPTIONS INCLUDE CURBSIDE RECYCLING COLLECTION SERVICES PROVIDED BY MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS, SOLID WASTE COLLECTION COMPANIES, OR OTHER APPROVED ENTITIES AS IDENTIFIED BY THE DEPARTMENT IF: (A) THE CATEGORY OF COVERED MATERIALS IS DEFINED BY THE DEPARTMENT AS RECYCLABLE, AND IS SUITABLE FOR RESIDENTIAL CURBSIDE RECYCLING COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIVING THE CURBSIDE COLLECTED MATERIAL; (B) THE RECYCLING FACILITY PROVIDING PROCESSING AND SORTING SERVICE AGREES TO INCLUDE THE CATEGORY OF COVERED MATERIALS AS AN ACCEPTED MATE- RIAL; (C) THE COVERED MATERIALS CATEGORY IS NOT HANDLED THROUGH A DEPOSIT AND RETURN SCHEME OR BUY BACK SYSTEM THAT RELIES ON A COLLECTION SYSTEM OTHER THAN CURBSIDE OR MULTI-FAMILY COLLECTION; AND (D) THE PROVIDER OF THE RESIDENTIAL CURBSIDE RECYCLING SERVICE AGREES TO THE ORGANIZATION'S SERVICE PROVIDER COSTS ARRANGEMENT. 4. THE PRODUCER OR ORGANIZATION SHALL INCLUDE, AT A MINIMUM, THOSE MATERIALS DESIGNATED BY THE DEPARTMENT AS RECYCLABLE MATERIALS, AND MAY ADD COVERED PRODUCTS BASED ON AVAILABLE COLLECTION AND PROCESSING INFRASTRUCTURE AND RECYCLING MARKETS FOR COVERED MATERIALS. 5. THE PRODUCER OR ORGANIZATION SHALL UPDATE AND ADOPT THE LIST ON AN ANNUAL BASIS, IN CONSULTATION WITH THE ADVISORY BOARD AND 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. S. 4008--B 80 6. ALL MUNICIPALITIES OR PRIVATE RECYCLING SERVICE PROVIDERS SHALL PROVIDE FOR THE COLLECTION AND RECYCLING OF ALL COVERED MATERIALS CONTAINED ON THE LIST OF MINIMUM RECYCLABLES, BASED ON GEOGRAPHIC REGIONS, 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 GENERATED IN THE MUNICI- PALITY OR GEOGRAPHIC REGION THAT ARE NOT INCLUDED ON THE LIST OF MINIMUM TYPES OF RECYCLABLE COVERED MATERIALS OR PRODUCTS AS LONG AS IT CAN BE DEMONSTRATED THAT SUCH MATERIALS HAVE A MARKET AS DETERMINED BY THE DEPARTMENT IN CONSULTATION WITH THE PRODUCER OR ORGANIZATION. 7. REIMBURSEMENT SHALL COVER RECYCLING OF ALL COVERED MATERIALS SO LONG AS THE PROGRAM INCLUDES AT LEAST THE MINIMUM RECYCLABLES LIST. THE DEPARTMENT MAY GRANT AN EXCEPTION OF THE REQUIREMENTS IN THIS SUBDIVI- SION UPON A WRITTEN SHOWING BY THE MUNICIPALITY OR PRIVATE RECYCLING SERVICE THAT COMPLIANCE WITH THE REQUIREMENTS IS NOT PRACTICABLE FOR A SPECIFIC IDENTIFIED PRODUCT OR MATERIAL AND IF THE DEPARTMENT FINDS IT IS IN THE BEST INTEREST OF THE INTENT OF THIS TITLE TO GRANT THEM AN EXTENSION; PROVIDED, HOWEVER, THAT THE EXTENSION GRANTED BY THE DEPART- MENT SHALL NOT EXCEED TWELVE MONTHS. § 27-3415. PRODUCER RESPONSIBILITIES. 1. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, A PRODUCER SHALL NOT SELL, OFFER FOR SALE, OR DISTRIBUTE INTO THE STATE A PRODUCT CONTAINED, PROTECTED, DELIVERED, PRESENTED, OR DISTRIBUTED IN PACKAGING UNLESS THE PRODUCER IS REGISTERED WITH A PACKAGING REDUCTION AND RECYCLING ORGANIZATION AND IN FULL COMPLIANCE WITH ALL REQUIREMENTS OF THIS TITLE. 2. PRODUCERS ARE RESPONSIBLE FOR PAYMENT OF FEES, THROUGH AN ORGANIZA- TION, BASED ON THE QUANTITY, TYPE OF PACKAGING USED IN THE STATE, AND OTHER FACTORS. 3. PRODUCERS ARE RESPONSIBLE FOR MEETING THE TOXIC SUBSTANCES, PACKAG- ING REDUCTION, AND POST-CONSUMER CONTENT STANDARDS UNDER THIS TITLE. 4. A PRODUCER SHALL ANNUALLY REPORT TO THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION: (A) THE TOTAL AMOUNT, IN UNITS AND BY WEIGHT, OF EACH TYPE OF COVERED MATERIAL SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE INTO THE STATE BY THE PRODUCER IN THE PRIOR CALENDAR YEAR; AND (B) ALL INFORMATION NECESSARY FOR THE PRODUCER AND ORGANIZATION TO MEET THEIR OBLIGATIONS REQUIRED UNDER THIS TITLE. 5. A PRODUCER SHALL SUBMIT ALL FEES ASSESSED ON THE PRODUCER BY THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION. 6. A PRODUCER SHALL ELECTRONICALLY SUBMIT ANNUALLY, TO BOTH THE DEPARTMENT AND THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION, A WRITTEN DECLARATION SIGNED BY ITS CHIEF EXECUTIVE OFFICER, VERIFYING THE PRODUCER'S COMPLIANCE WITH: (A) THE COVERED PRODUCT REDUCTION REQUIREMENTS OF THIS TITLE; (B) THE COVERED PRODUCT RECYCLED CONTENT REQUIREMENTS OF THIS TITLE; AND (C) THE TOXIC SUBSTANCE REDUCTION REQUIREMENTS OF THIS TITLE. 7. A PRODUCER IS EXEMPT FROM THE REQUIREMENTS AND PROHIBITIONS OF THIS TITLE IN A CALENDAR YEAR IN WHICH: (A) THE PRODUCER REALIZED LESS THAN ONE MILLION DOLLARS IN TOTAL GROSS REVENUE DURING THE PRIOR CALENDAR YEAR; OR (B) THE PRODUCER SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE PRODUCTS CONTAINED, PROTECTED, DELIVERED, PRESENTED, OR DISTRIBUTED IN OR USING LESS THAN ONE TON OF PACKAGING MATERIAL IN TOTAL DURING THE PRIOR CALENDAR YEAR. S. 4008--B 81 8. A PRODUCER CLAIMING AN EXEMPTION PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH SUFFICIENT INFORMATION TO DEMONSTRATE THAT THE CLAIMANT IS ELIGIBLE FOR AN EXEMPTION. § 27-3417. DEPARTMENT RESPONSIBILITIES. 1. THE DEPARTMENT SHALL DETERMINE THE EFFECTIVENESS OF OUTREACH AND EDUCATION EFFORTS PURSUANT TO SECTION 27-3421 OF THIS TITLE TO DETERMINE WHETHER CHANGES ARE NECESSARY TO IMPROVE SUCH OUTREACH AND EDUCATION EFFORTS AND DEVELOP INFORMATION THAT MAY BE USED BY ORGANIZATIONS TO IMPROVE FUTURE OUTREACH AND EDUCATION EFFORTS. 2. THE DEPARTMENT SHALL MAINTAIN A LIST OF MATERIALS AND COVERED PRODUCTS THAT MEET THE STANDARD TO BE CONSIDERED RECYCLABLE PURSUANT TO SECTION 27-3431 OF THIS TITLE TO BE USED AS THE MINIMUM RECYCLABLES LIST. 3. IN THE EVENT THAT THE DEPARTMENT DETERMINES THAT A PACKAGING REDUCTION AND RECYCLING ORGANIZATION NO LONGER MEETS THE REQUIREMENTS OF THIS TITLE, OR FAILS TO IMPLEMENT AND ADMINISTER THE REQUIREMENTS OF THIS TITLE IN A MANNER THAT EFFECTUATES THE PURPOSES OF THIS TITLE, THE DEPARTMENT SHALL REVOKE ITS APPROVAL OF SUCH ORGANIZATION'S PACKAGING REDUCTION AND RECYCLING ORGANIZATION PLAN, AND MAY ELECT TO OPERATE THE PROGRAM ITSELF. § 27-3419. STATEWIDE PACKAGING REDUCTION, REUSE, AND RECYCLING NEEDS ASSESSMENT. 1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL COMPLETE OR CAUSE TO BE COMPLETED A STATEWIDE PACK- AGING REDUCTION, REUSE, AND RECYCLING NEEDS ASSESSMENT TO DETERMINE THE CURRENT STATE OF PACKAGING REUSE, RECYCLING, AND DISPOSAL, AND IDENTIFY BARRIERS AND OPPORTUNITIES TO REDUCE THE AMOUNT OF PACKAGING DISCARDED AND DISPOSED OF, AND INCREASE THE REUSABILITY AND RECYCLABILITY OF PACK- AGING. 2. THE NEEDS ASSESSMENT, AT A MINIMUM, SHALL COVER THE FOLLOWING: (A) THE CURRENT RECYCLING RATE FOR EACH TYPE OF COVERED PRODUCT MATE- RIAL; (B) THE AMOUNT, BY WEIGHT AND MATERIAL TYPE, OF COVERED PRODUCT RECY- CLED AT EACH RECYCLING FACILITY THAT ACCEPTS DISCARDED PACKAGING GENER- ATED IN THE STATE; (C) THE PROCESSING CAPACITY, MARKET CONDITIONS, AND OPPORTUNITIES IN THE STATE AND REGIONALLY FOR RECYCLABLE MATERIALS GENERALLY, AND COVERED PRODUCT MATERIAL CATEGORIES SPECIFICALLY; (D) THE NET COST OF END-OF-LIFE MANAGEMENT OF DISCARDED COVERED PRODUCTS IN THE STATE, INCLUDING THE COST ASSOCIATED WITH THE COLLECTION, TRANSPORTATION, SORTATION, RECYCLING, LITTERING, LANDFILL- ING, OR INCINERATION OF DISCARDED PACKAGING; (E) THE AVAILABILITY OF OPPORTUNITIES IN THE RECYCLING AND REUSE SYSTEM FOR MINORITY- AND WOMEN-OWNED BUSINESSES; (F) CURRENT BARRIERS AFFECTING RECYCLING ACCESS AND AVAILABILITY IN THE STATE; (G) CURRENT BARRIERS TO THE MARKETABILITY OF RECYCLABLE MATERIALS GENERATED IN THE STATE; (H) OPPORTUNITIES FOR THE CREATION OF COVERED PRODUCT REUSE AND REFILL PROGRAMS IN THE STATE; (I) OPPORTUNITIES FOR THE IMPROVEMENT OF COVERED PRODUCT RECYCLING IN THE STATE, INCLUDING THE DEVELOPMENT OF END MARKETS FOR RECYCLED COVERED MATERIALS. (J) CURRENT BARRIERS AFFECTING THE CREATION AND IMPLEMENTATION OF COVERED PRODUCT REUSE AND REFILL PROGRAMS; S. 4008--B 82 (K) CONSUMER EDUCATION NEEDS IN THE STATE WITH RESPECT TO COVERED PRODUCT WASTE REDUCTION, RECYCLING, AND REDUCING CONTAMINATION IN RECY- CLING, AND REUSE AND REFILL SYSTEMS FOR COVERED PRODUCTS; AND (L) ANY OTHER INFORMATION THE DEPARTMENT CONSIDERS NECESSARY. 3. THE COST INCURRED BY THE DEPARTMENT ASSOCIATED WITH CONDUCTING THE NEEDS ASSESSMENT SHALL BE PAID FOR BY THE ORGANIZATION. 4. THE DEPARTMENT SHALL REPORT THE RESULTS OF THE NEEDS ASSESSMENT TO THE PUBLIC, THE STATE LEGISLATURE, THE GOVERNOR, THE COMPTROLLER AND THE ATTORNEY GENERAL. § 27-3421. EDUCATION AND OUTREACH PROGRAM. 1. EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL DEVELOP AND IMPLEMENT AN EDUCATIONAL OUTREACH PROGRAM DESIGNED TO EDUCATE THE PUBLIC ABOUT WASTE REDUCTION AND IMPROVE THE EFFECTIVENESS OF MUNICIPAL RECYCLING AND, AT A MINIMUM, INCLUDE: (A) EDUCATIONAL AND INFORMATIONAL MATERIALS FOR CONSUMERS RELATED TO REDUCING THE AMOUNT OF PACKAGING DISCARDED, RECYCLED, AND DISPOSED OF IN THE STATE; (B) A DESCRIPTION OF THE ENVIRONMENTAL, SOCIAL, ECONOMIC, AND ENVIRON- MENTAL JUSTICE IMPACTS ASSOCIATED WITH IMPROPER DISPOSAL OF COVERED PRODUCTS AND FAILURE TO REUSE OR RECYCLE PACKAGING MATERIALS; (C) INFORMATION ON THE PROPER END-OF-LIFE MANAGEMENT OF COVERED PRODUCTS, INCLUDING REUSE, RECYCLING, COMPOSTING, AND DISPOSAL; (D) THE LOCATION AND AVAILABILITY OF CURBSIDE RECYCLING AND ADDITIONAL DROP-OFF COLLECTION OPPORTUNITIES FOR COVERED PRODUCTS, INCLUDING DEPOS- IT AND TAKE-BACK PROGRAMS; (E) HOW TO PREVENT LITTER OF COVERED PRODUCTS IN THE PROCESS OF COLLECTION; (F) RECYCLING INSTRUCTIONS THAT ARE CONSISTENT STATEWIDE, EXCEPT AS NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL LAWS AND PROCESS- ING CAPABILITIES, EASY TO UNDERSTAND, AND EASILY ACCESSIBLE; AND (G) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT. 2. EDUCATIONAL OUTREACH PROGRAMS SHALL INCORPORATE, AT A MINIMUM, ELECTRONIC, PRINT, WEB-BASED AND SOCIAL MEDIA ELEMENTS THAT MUNICI- PALITIES CAN UTILIZE AT THEIR DISCRETION, AS WELL AS INCLUDING A VARIETY OF OUTREACH AND EDUCATION TOOLS AND ENSURING MATERIALS ARE WIDELY ACCES- SIBLE AND AVAILABLE IN MULTIPLE LANGUAGES. 3. THE EDUCATIONAL OUTREACH PROGRAM SHALL BE COORDINATED WITH AND ASSIST LOCAL MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS, SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES. 4. THE EDUCATIONAL OUTREACH PROGRAM SHALL BE DEVELOPED TO ENSURE ENVI- RONMENTAL JUSTICE COMMUNITIES RECEIVE TARGETED OUTREACH AND SUPPORT. 5. THE EDUCATIONAL OUTREACH PROGRAM SHALL INCLUDE A PLAN TO WORK WITH PARTICIPATING PRODUCERS TO LABEL OR MARK PACKAGING MATERIAL, IN ACCORD- ANCE WITH REASONABLE LABELING STANDARDS, WITH INFORMATION TO ASSIST CONSUMERS IN RESPONSIBLY MANAGING AND RECYCLING COVERED PRODUCTS. 6. EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL CONSULT WITH MUNICIPALITIES ON THE DEVELOPMENT OF EDUCATIONAL MATERIALS AND MAY COORDINATE WITH MUNICIPALITIES ON OUTREACH AND COMMUNICATION. 7. A PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL BE AUTHOR- IZED TO PROVIDE PRODUCERS AND RETAILERS WITH EDUCATIONAL MATERIALS RELATED TO THE RESPONSIBLE REDUCTION, REUSE, RECYCLING, OR DISPOSAL OF DISCARDED COVERED PRODUCTS. THE EDUCATIONAL AND INFORMATIONAL MATERIALS PROVIDED TO THE RETAILER UNDER THIS SUBDIVISION MAY INCLUDE, BUT NEED NOT BE LIMITED TO, PRINTED MATERIALS, SIGNAGE, TEMPLATES OF MATERIALS THAT CAN BE REPRODUCED BY RETAILERS AND PROVIDED THEREBY TO CONSUMERS AT THE TIME OF A PRODUCT'S PURCHASE, AND ADVERTISING MATERIALS THAT PROMOTE S. 4008--B 83 AND ENCOURAGE CONSUMERS TO PROPERLY REUSE, RECYCLE, OR DISPOSE OF COVERED PRODUCTS. § 27-3423. WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND. 1. THE DEPARTMENT SHALL OVERSEE THE WASTE REDUCTION AND REUSE INFRAS- TRUCTURE FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-BBBBB OF THE STATE FINANCE LAW, WHICH IS TO PAY FOR INVESTMENTS IN REUSE AND REFILL AND WASTE REDUCTION INFRASTRUCTURE. 2. EACH PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL DEPOSIT INTO THE FUND NO LESS THAN FIVE PERCENT OF THE TOTAL PAYMENTS RECEIVED FROM PRODUCERS PURSUANT TO THE PROVISIONS OF THIS TITLE. 3. FUNDS SHALL BE USED FOR INVESTMENT IN COLLECTION SYSTEMS, TRANSPOR- TATION SYSTEMS, REUSE SYSTEMS, WASHING SYSTEMS, REDISTRIBUTION SYSTEMS, TECHNOLOGY FOR TRACKING AND DATA COLLECTION, CAPITAL EXPENDITURES ON NEW AND EMERGING TECHNOLOGY THAT IS FOCUSED ON REUSABLE AND REFILLABLE PACK- AGING, AS WELL AS EQUIPMENT, AND FACILITIES, AND OTHER PROJECTS DETER- MINED BY THE DEPARTMENT TO FACILITATE THE GOALS AND OBJECTIVES OF THIS TITLE. 4. FUNDS MAY ALSO BE USED FOR INVESTMENT IN PUBLIC OUTREACH AND EDUCA- TION IN WAYS THAT INCREASE PUBLIC PARTICIPATION IN RECYCLING PROGRAMS, AND ACCESS AND PARTICIPATION IN PACKAGING REDUCTION, REUSE, AND REFILL SYSTEMS THROUGHOUT THE STATE. 5. THE PACKAGING REDUCTION AND RECYCLING ORGANIZATIONS SHALL PRIOR- ITIZE INVESTMENTS FOR PROJECTS AND PROGRAMS THAT WILL DIRECTLY BENEFIT ENVIRONMENTAL JUSTICE COMMUNITIES, INCLUDING, BUT NOT LIMITED TO, COMMU- NITIES THAT ARE HOME TO A LANDFILL, INCINERATOR, TRANSFER STATION, OR WASTE-TO-ENERGY FACILITY. 6. ANY INVESTMENTS MADE PURSUANT TO THIS SECTION MUST BE APPROVED BY THE DEPARTMENT. THE DEPARTMENT SHALL APPROVE OR DENY PROPOSED INVEST- MENTS WITHIN NINETY DAYS OF RECEIPT OF A PROPOSAL FROM A PACKAGING REDUCTION AND RECYCLING ORGANIZATION. SUCH INVESTMENTS MAY BE APPROVED, AT THE DISCRETION OF THE DEPARTMENT, SO LONG AS THE PROPOSED INVESTMENT SHALL, AT A MINIMUM: (A) INCREASE THE TRANSITION OF PACKAGING FROM NON-REUSABLE TO REDUCED, REUSABLE OR REFILLABLE PACKAGING; (B) INCREASE ACCESS TO REUSE AND REFILL INFRASTRUCTURE IN THE STATE; (C) INCREASE THE CAPACITY OF REUSE AND REFILL INFRASTRUCTURE IN THE STATE; (D) PROVIDE REUSE AND REFILL INSTRUCTIONS THAT ARE, TO THE EXTENT PRACTICABLE, CONSISTENT STATEWIDE, EASY TO UNDERSTAND, TRANSLATED INTO VARIOUS COMMONLY-USED LANGUAGES, AND EASILY ACCESSIBLE; AND (E) PROVIDE FOR OUTREACH AND EDUCATION THAT ARE COORDINATED ACROSS PROGRAMS OR REGIONS TO AVOID CONFUSION FOR RESIDENTS, AND DEVELOPED IN CONSULTATION WITH LOCAL GOVERNMENT AND THE PUBLIC. § 27-3425. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS. 1. BEGINNING TWO YEARS AFTER THE PROMULGATION OF RULES AND REGULATIONS PURSUANT TO THIS TITLE, NO PERSON OR ENTITY SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE INTO THE STATE ANY PACKAGING CONTAINING ANY OF THE FOLLOW- ING TOXIC SUBSTANCES: (A) ORTHO-PHTHALATES; (B) BISPHENOLS; (C) PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS); (D) HEAVY METALS AND COMPOUNDS, INCLUDING LEAD, HEXAVALENT CHROMIUM, CADMIUM, AND MERCURY; (E) BENZOPHENONE AND ITS DERIVATIVES; (F) HALOGENATED FLAME RETARDANTS; (G) PERCHLORATE; S. 4008--B 84 (H) FORMALDEHYDE; (I) TOLUENE; (J) ANTIMONY AND COMPOUNDS; (K) CARBON BLACK; AND (L) UV 328 (2-(2H-BENZOTRIAZOL-2-YL)-4,6-DI-TERT-PENTYLPHENOL). 2. BEGINNING TWO YEARS AFTER THE PROMULGATION OF RULES AND REGULATIONS PURSUANT TO THIS TITLE, NO PERSON OR ENTITY SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE FOR USE IN THIS STATE ANY PACKAGING CONTAINING: (A) POLYVINYL CHLORIDE; (B) POLYSTYRENE; OR (C) POLYCARBONATE. 3. BEGINNING THREE YEARS AFTER THE PROMULGATION OF RULES AND REGU- LATIONS PURSUANT TO THIS TITLE, AND EVERY THREE YEARS THEREAFTER, THE DEPARTMENT SHALL DESIGNATE AT LEAST TEN ADDITIONAL TOXIC SUBSTANCES OR CLASSES OF TOXIC SUBSTANCES THAT MAY NO LONGER BE SOLD, OFFERED FOR SALE, DISTRIBUTED FOR SALE, OR DISTRIBUTED FOR USE IN PACKAGING IN THIS STATE UNLESS IT DETERMINES THERE ARE NOT TEN CHEMICALS THAT MEET THE DEFINITION OF TOXIC SUBSTANCES. IF THE DEPARTMENT DETERMINES THERE ARE NOT TEN TOXIC SUBSTANCES THAT MEET SUCH A DEFINITION, IT SHALL PUBLISH A DETAILED STATEMENT OF ITS FINDINGS AND CONCLUSIONS SUPPORTING SUCH DETERMINATION. 4. WITHIN ONE HUNDRED EIGHTY DAYS OF DESIGNATING A TOXIC SUBSTANCE, THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS TO PROHIBIT THE NEWLY DESIGNATED TOXIC SUBSTANCE IN PACKAGING, WITH AN EFFECTIVE DATE NO LATER THAN TWO YEARS AFTER SUCH DESIGNATION. 5. ANY PRODUCER THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A FINE FOR EACH VIOLATION NOT TO EXCEED FIFTY THOUSAND DOLLARS PER VIOLATION. FOR THE PURPOSES OF THIS SECTION, EACH PRODUCT LINE THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS, VIA RETAIL COMMERCE, IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION SHALL BE CONSIDERED A SEPARATE VIOLATION. § 27-3427. PACKAGING REDUCTION STANDARDS. 1. EACH INDIVIDUAL PRODUCER IS REQUIRED TO MEET THE FOLLOWING PACKAG- ING REDUCTION REQUIREMENTS: (A) BEGINNING THREE YEARS AFTER A PRODUCER FIRST REGISTERS WITH A PACKAGING REDUCTION AND RECYCLING ORGANIZATION, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRES- ENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY TEN PERCENT BY WEIGHT. (B) BEGINNING FIVE YEARS AFTER A PRODUCER FIRST REGISTERS WITH A PACK- AGING REDUCTION AND RECYCLING ORGANIZATION, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY TWENTY PERCENT BY WEIGHT. (C) BEGINNING EIGHT YEARS AFTER A PRODUCER FIRST REGISTERS WITH A PACKAGING REDUCTION AND RECYCLING ORGANIZATION, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRES- ENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY THIRTY PERCENT BY WEIGHT. (D) BEGINNING TEN YEARS AFTER A PRODUCER FIRST REGISTERS WITH A PACK- AGING REDUCTION AND RECYCLING ORGANIZATION, SUCH PRODUCER SHALL REDUCE THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY FORTY PERCENT BY WEIGHT. (E) BEGINNING TWELVE YEARS AFTER A PRODUCER FIRST REGISTERS WITH A PACKAGING REDUCTION AND RECYCLING ORGANIZATION, SUCH PRODUCER SHALL S. 4008--B 85 REDUCE THE AMOUNT OF PACKAGING USED TO CONTAIN, PROTECT, DELIVER, PRES- ENT, OR DISTRIBUTE THE PRODUCTS THEY SELL, OFFER FOR SALE, OR DISTRIBUTE FOR SALE INTO THE STATE, BY FIFTY PERCENT BY WEIGHT. 2. THE REDUCTIONS REQUIRED BY THIS SECTION SHALL BE MEASURED AGAINST THE TOTAL AMOUNT OF PACKAGING THE PRODUCER USED TO CONTAIN, PROTECT, DELIVER, PRESENT, OR DISTRIBUTE THE PRODUCTS THEY SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE, DURING THE FIRST YEAR SUCH PRODUCER REGISTERED WITH THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION. 3. THESE REDUCTIONS SHALL BE ACHIEVED BY ELIMINATING SINGLE-USE PACK- AGING, INCLUDING SECONDARY OR TERTIARY PACKAGING, ELIMINATION OF PACKAG- ING COMPONENTS, REDUCTION OF PACKAGING COMPONENTS, OR BY TRANSITIONING TO REUSABLE OR REFILLABLE PACKAGING SYSTEMS. 4. THE REDUCTIONS REQUIRED BY THIS SECTION SHALL NOT BE ACHIEVED BY SUBSTITUTING PLASTIC FOR OTHER MATERIALS OR SUBSTITUTING A NON-RECYCLA- BLE MATERIAL FOR A RECYCLABLE MATERIAL. 5. IN THE CASE OF A PRODUCER THAT ENTERS THE MARKET WITH FIFTY PERCENT OR MORE BY WEIGHT OF ITS PACKAGING BEING REUSABLE AND CONTAINED WITHIN A REUSE AND REFILL SYSTEM, SUCH PRODUCER MAY APPLY TO THE DEPARTMENT FOR A WAIVER FROM THE PACKAGING REDUCTION REQUIREMENTS. 6. NOTHING IN THIS SECTION SHALL PRECLUDE A PRODUCER FROM GOING BEYOND THE REDUCTION STANDARDS IN SUBDIVISION ONE OF THIS SECTION. § 27-3429. RECYCLED CONTENT STANDARDS. 1. EACH INDIVIDUAL PRODUCER SHALL MEET THE RECYCLING CONTENT TARGETS CONTAINED IN THIS SECTION. 2. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION: (A) ALL GLASS CONTAINERS MANUFACTURED IN THE STATE SHALL CONTAIN, ON AVERAGE, AT LEAST THIRTY-FIVE PERCENT POST-CONSUMER RECYCLED CONTENT; (B) ALL PAPER CARRYOUT BAGS SOLD, OFFERED FOR SALE, OR GIVEN AWAY FREE IN THE STATE BY A MANUFACTURER SHALL CONTAIN, ON AVERAGE, AT LEAST FORTY PERCENT POST-CONSUMER RECYCLED CONTENT; EXCEPT THAT A PAPER CARRYOUT BAG THAT HOLDS EIGHT POUNDS OR LESS SHALL ONLY BE REQUIRED TO CONTAIN, ON AVERAGE, AT LEAST TWENTY PERCENT POST-CONSUMER RECYCLED CONTENT; AND (C) ALL PLASTIC TRASH BAGS SOLD OR OFFERED FOR SALE IN THE STATE BY A MANUFACTURER SHALL CONTAIN, ON AVERAGE, AT LEAST TWENTY PERCENT POST- CONSUMER RECYCLED CONTENT. 3. THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO REUSABLE OR REFILLABLE PACKAGING OR CONTAINERS. § 27-3431. RECYCLABILITY CRITERIA. 1. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, COVERED MATERIALS USED BY A PRODUCER SHALL MEET THE FOLLOWING RECYCLA- BILITY CRITERIA: (A) BE CAPABLE OF BEING SORTED BY ENTITIES THAT PROCESS RECYCLABLE MATERIAL GENERATED IN THE STATE; (B) HAS A CONSISTENT REGIONAL MARKET FOR PURCHASE, BY END USERS IN THE PRODUCTION OF NEW PRODUCTS; (C) DOES NOT CONTAIN THE FOLLOWING: (I) NON-DETECTABLE PIGMENTS, INCLUDING BUT NOT LIMITED TO CARBON BLACK; (II) TOXIC SUBSTANCES AS DEFINED IN THIS TITLE OR RULES AND REGU- LATIONS PROMULGATED THERETO; (III) OPAQUE OR PIGMENTED POLYETHYLENE TEREPHTHALATE; (IV) OXO-DEGRADABLE ADDITIVES, INCLUDING OXO-BIODEGRADABLE ADDITIVES; (V) POLYETHYLENE TEREPHTHALATE GLYCOL IN RIGID PACKAGING; (VI) LABEL CONSTRUCTIONS, INCLUDING ADHESIVES, INKS, MATERIALS AND FORMATS, OR FEATURES THAT RENDER A PACKAGE DETRIMENTAL OR NON-RECYCLA- BLE; S. 4008--B 86 (VII) DOPS - POLYSTYRENE, INCLUDING EPS (EXPANDED POLYSTYRENE); AND (VIII) POLYVINYL CHLORIDE, INCLUDING POLYVINYLIDENE CHLORIDE; (D) MEETS THE POST-CONSUMER CONTENT REQUIREMENTS OF THIS TITLE; AND (E) ANY OTHER CRITERIA DETERMINED BY THE DEPARTMENT. 2. THE DEPARTMENT SHALL MAINTAIN A LIST OF COVERED PRODUCTS THAT MEET THIS CRITERIA AND ARE DEEMED TO BE RECYCLABLE. THE DEPARTMENT SHALL UPDATE THIS LIST ANNUALLY. § 27-3433. ESTABLISHMENT OF THE OFFICE OF RECYCLING INSPECTOR GENERAL. 1. THE COMMISSIONER SHALL ESTABLISH AN INDEPENDENT OFFICE OF RECYCLING INSPECTOR GENERAL WITHIN THE DEPARTMENT. THE RECYCLING INSPECTOR GENERAL SHALL EVALUATE THE PROGRAMS CREATED PURSUANT TO THIS TITLE ON AN ANNUAL BASIS TO ENSURE SUCH PROGRAMS ARE FUNCTIONING PROPERLY, AND ALL PRODUC- ERS ARE IN COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE. 2. THE RECYCLING INSPECTOR GENERAL SHALL HAVE THE AUTHORITY TO INVES- TIGATE THE COMPLIANCE OF PRODUCERS WITH ALL PROVISIONS OF THIS TITLE AND TO BRING ENFORCEMENT ACTIONS FOR VIOLATIONS OF THIS TITLE PURSUANT TO THE PROVISIONS OF SECTION 27-3435 OF THIS TITLE. § 27-3435. PENALTIES AND ENFORCEMENT. 1. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE SHALL SUBJECT THE ORGANIZATION OR AN INDIVIDUAL PRODUCER TO PENALTIES FOR VIOLATIONS. THE DEPARTMENT, RECYCLING INSPECTOR GENERAL, OR ATTORNEY GENERAL, MAY CONDUCT INVESTIGATIONS, INCLUDING INSPECTING OPERATIONS, FACILITIES, AND RECORDS OF PRODUCERS AND ORGANIZATIONS, AND PERFORMING AUDITS OF PRODUC- ERS AND ORGANIZATIONS, TO DETERMINE WHETHER SUCH PRODUCERS AND ORGANIZA- TIONS ARE COMPLYING WITH THE REQUIREMENTS OF THIS TITLE. 2. THE DEPARTMENT, THE RECYCLING INSPECTOR GENERAL, OR THE ATTORNEY GENERAL, SHALL NOTIFY AN ORGANIZATION OR PRODUCER OF ANY CONDUCT OR PRACTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS TITLE AND OF ANY INCONSISTENCIES IDENTIFIED IN AN AUDIT. 3. THE DEPARTMENT, THE RECYCLING INSPECTOR GENERAL, AND THE ATTORNEY GENERAL, MAY ISSUE A NOTICE OF VIOLATION TO, AND IMPOSE AN ADMINISTRA- TIVE CIVIL PENALTY NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS PER DAY PER VIOLATION ON ANY ENTITY NOT IN COMPLIANCE WITH THIS TITLE OR ANY OF THE REGULATIONS THE DEPARTMENT ADOPTS TO IMPLEMENT THIS TITLE. FOR THE PURPOSES OF THIS SECTION, EACH PRODUCT LINE THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS VIA RETAIL COMMERCE IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION, SHALL BE CONSIDERED A SEPA- RATE VIOLATION. 4. ALL PRODUCERS REGISTERED IN A PACKAGING REDUCTION AND RECYCLING ORGANIZATION SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY PENALTIES ASSESSED AGAINST THE PACKAGING REDUCTION AND RECYCLING ORGANIZATION PURSUANT TO THIS TITLE. 5. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART- MENT AFTER AN OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL ISSUED BY THE DEPARTMENT MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL DENIED. 6. ALL MONIES COLLECTED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE DEPOSITED INTO THE WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-BBBBB OF THE STATE FINANCE LAW. § 27-3437. RULES AND REGULATIONS. S. 4008--B 87 1. WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT, ADMINISTER, AND ENFORCE THE PROVISIONS OF THIS TITLE. 2. WHEN PROMULGATING RULES PURSUANT TO THE PROVISIONS OF THIS SECTION, THE DEPARTMENT SHALL SOLICIT INPUT FROM THE PUBLIC OF ANY DRAFT RULE OR REGULATION TO IMPLEMENT THIS SECTION, INCLUDING AT A MINIMUM A NINETY- DAY COMMENT PERIOD AND ONE PUBLIC HEARING ON SUCH DRAFT RULES. § 27-3439. STATE PREEMPTION. JURISDICTION IN ALL MATTERS PERTAINING TO COSTS AND FUNDING MECHANISMS OF PACKAGING REDUCTION AND RECYCLING ORGANIZATIONS RELATING TO THE RECOVERY OF COVERED MATERIALS SHALL, BY THIS TITLE, BE VESTED EXCLUSIVE- LY IN THE STATE; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL PRECLUDE ANY CITY, TOWN, VILLAGE OR OTHER LOCAL PLANNING UNITS FROM DETERMINING WHAT MATERIALS SHALL BE INCLUDED FOR RECYCLING IN A MUNICI- PAL RECYCLING COLLECTION PROGRAM OR SHALL PRECLUDE ANY PERSON FROM COOR- DINATING, FOR RECYCLING OR REUSE, THE COLLECTION OF COVERED MATERIALS AND PRODUCTS. § 27-3441. OTHER ASSISTANCE PROGRAMS. NOTHING IN THIS TITLE SHALL IMPACT ANY PRODUCER ELIGIBILITY FOR ANY STATE OR LOCAL INCENTIVE OR ASSISTANCE PROGRAM TO WHICH THEY ARE OTHER- WISE ELIGIBLE. § 27-3443. SEVERABILITY. THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS TITLE OR THE APPLICABILITY THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY. § 3. The state finance law is amended by adding a new section 97-bbbbb to read as follows: § 97-BBBBB. WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND. 1. THERE IS HEREBY CREATED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "WASTE REDUCTION AND REUSE INFRASTRUCTURE FUND". 2. SUCH FUND SHALL CONSIST OF ALL MONEYS REQUIRED TO BE DEPOSITED INTO THE FUND PURSUANT TO THE PROVISIONS OF TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW. NOTHING CONTAINED HEREIN SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. 3. MONEYS OF THE FUND SHALL BE MADE AVAILABLE PURSUANT TO THE PROVISIONS OF SECTION 27-3423 OF THE ENVIRONMENTAL CONSERVATION LAW, SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF ENVIRONMENTAL CONSERVA- TION, AND ON THE AUDIT AND WARRANT OF THE COMPTROLLER. § 4. This act shall take effect immediately. 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 S. 4008--B 88 by section 2 of part D of chapter 577 of the laws of 2004, are amended and two new subdivisions 1 and 7 are 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, PFAS SUBSTANCES AND EMERGING CONTAM- INANTS AS DEFINED IN SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC HEALTH LAW, PROVIDED HOWEVER, THAT EMERGING CONTAMINANTS REMOVED FROM THE LIST REQUIRED BY SUCH SECTION PURSUANT TO PARAGRAPH E OF SUBDIVISION THREE OF SUCH SECTION SHALL NONETHELESS CONTINUE TO CONSTITUTE CONTAMINANTS UNDER THIS SUBDIVISION. 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 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. 7. "PFAS SUBSTANCES" SHALL MEAN A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST ONE FULLY FLUORINATED CARBON ATOM. § 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: S. 4008--B 89 (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 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 WHERE SUCH MUNICIPALITY, SUCCESSOR IN TITLE, LESSEE OR LENDER DID NOT, THROUGH DELIBERATE ACTION OR INACTION, INTENTIONALLY OR RECKLESSLY CAUSE OR CONTRIBUTE TO THE PRESENCE OF THE CONTAMINATION TO BE INVESTIGATED OR REMEDIATED UNDER THE ENVIRONMENTAL RESTORATION 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 S. 4008--B 90 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 subdivision 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 Intentionally Omitted 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 wastewater disposal systems, comprised mostly of cesspools and septic systems, with two hundred nine thousand of these onsite systems in environmentally sensi- S. 4008--B 91 tive areas which could benefit from nitrogen-reducing technologies. The United States Environmental 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 ground- water by onsite systems. The full water cycle is impacted by increasing quantities of nutrients, pathogens, pesticides, volatile organic contam- inants 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 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, the establishment of a water quality restoration fund, and a county board of trustees to monitor progress and the allo- cation of resources consistent with the goals of the SWP would allow for the implementation of a much needed integrated long-term wastewater solution for the county through comprehensive planning and management to improve water quality. 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. The water quality restoration fund would be financed with a dedicated and recurring revenue source by the enactment of an additional sales and compensating use tax at the rate of one-eighth of one percent until 2060. Such tax would be enacted pursuant to a mandatory referendum. This act shall also provide Suffolk county with the authority to create a county-wide wastewater management district through the consol- idation of existing county sewer districts with currently unsewered areas of the county. 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; to manage, monitor and enforce nitrogen reduction programs throughout the county; complete additional sewer extension projects; improve the economic wellbeing of communities; and provide an opportu- nity to consolidate and streamline the county's existing sewer district system and normalize the inequitable rate structure that has long existed. S. 4008--B 92 In addition, this act will extend the existing one-quarter of one percent sales tax utilized to finance the county drinking water protection program until 2060. § 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 COUNTY SEWER DISTRICTS WITHIN THE COUNTY AS WELL AS UNSEWERED AREAS OF THE COUNTY, UNDER THE JURISDICTION OF THE DISTRICT; (II) ESTABLISH ONE OR MORE ZONES OF ASSESSMENT WITHIN THE DISTRICT, COTERMINOUS WITH THE TERRITORIAL BOUNDARIES OF THE EXISTING COUNTY SEWER DISTRICTS, CONSOLIDATED PURSUANT TO THIS SECTION, 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 TRANSFER OF PROPERTY OF ORIGINAL COUNTY SEWER DISTRICTS TO THE DISTRICT, NECESSARY FOR THE INSTALLATION AND MAINTENANCE OF DISTRICT FACILITIES; (IV) PRIORITIZE DISTRICT PROJECTS IN ACCORDANCE WITH THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER PLAN (SWP) ADOPTED BY THE COUNTY LEGISLATURE, AND ANY AMENDMENTS THERETO; (V) RECEIVE FUNDS FROM THE SUFFOLK COUNTY WATER QUALITY RESTORATION FUND, AS ESTABLISHED BY SECTION ONE THOUSAND TWO HUNDRED TEN-F OF THE TAX LAW, AND DISTRIBUTE GRANT PROCEEDS WITHIN THE DISTRICT IN ACCORDANCE WITH THE GOALS ESTAB- LISHED IN THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER PLAN; (VI) ASSUME AND PAY ANY REMAINING INDEBTEDNESS OF EACH ORIGINAL COUNTY SEWER DISTRICT; (VII) WITHIN THE ZONES OF ASSESSMENT, ESTABLISH AND PROVIDE FOR THE COLLECTION OF CHARGES, 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, MAINTENANCE AND IMPROVEMENTS OF THE DISTRICT, INCLUDING BUT NOT LIMITED TO: (A) SPECIAL ASSESSMENT AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (B) SPECIAL AD VALOREM LEVY AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (C) SEWER RENT AS PROVIDED UNDER ARTICLE FOURTEEN-F OF THE GENERAL MUNICIPAL LAW; (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. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT THE COLLECTION OF CHARGES, RATES, TAXES, OR ASSESSMENTS AUTHORIZED BY THIS SECTION OUTSIDE OF THE ESTABLISHED ZONES OF ASSESSMENT WITHIN THE UNSEW- ERED PORTIONS OF THE DISTRICT OR WITHIN TOWN OR VILLAGE SEWER DISTRICTS. 2. BOUNDARIES. THE BOUNDARIES OF THE DISTRICT UPON FORMATION SHALL INCLUDE THE BOUNDARIES OF ALL COUNTY SEWER DISTRICTS CONSOLIDATED INTO THE DISTRICT AND ALL UNSEWERED AREAS OF THE COUNTY. UNTIL SUCH TIME AS A TOWN OR VILLAGE SEWER DISTRICT IS CONSOLIDATED INTO THE DISTRICT AS SET FORTH IN SUBDIVISION TEN OF THIS SECTION, THE BOUNDARIES OF THE S. 4008--B 93 DISTRICT SHALL NOT INCLUDE TERRITORIAL BOUNDARIES OF TOWN OR VILLAGE SEWER DISTRICTS LOCATED WHOLLY OR IN PART IN THE COUNTY OF SUFFOLK. 3. COUNTY AGENCY REVIEW AND REPORT. THE COUNTY LEGISLATURE MAY DIRECT THE COUNTY AGENCY, APPOINTED OR ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FIFTY-ONE OF THIS ARTICLE, TO, OR THE COUNTY AGENCY ON ITS OWN MOTION MAY, 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 COUNTY LEGISLATURE CONSISTENT WITH THIS ARTICLE. WHEN THE AGENCY HAS CAUSED SUCH REPORT TO BE PREPARED, IT SHALL TRANSMIT IT TO THE COUNTY LEGISLATURE. UPON RECEIPT OF THE REPORT, THE COUNTY LEGISLATURE SHALL CALL A PUBLIC HEARING PURSUANT TO SUBDIVI- SION FIVE OF THIS SECTION TO CREATE A SUFFOLK COUNTY WASTEWATER MANAGE- MENT DISTRICT IN ACCORDANCE WITH THIS SECTION. SUCH REPORT SHALL BE FILED IN THE OFFICE OF THE CLERK OF THE LEGISLATURE OF SUFFOLK COUNTY. 4. RESOLUTION. THE COUNTY LEGISLATURE OF SUFFOLK COUNTY MAY ADOPT A RESOLUTION CALLING A PUBLIC HEARING UPON THE PROPOSED CREATION OF THE DISTRICT. 5. NOTICE. THE CLERK OF THE COUNTY LEGISLATURE SHALL GIVE NOTICE OF THE HEARING DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION IN SUCH NEWS- PAPERS AND WITHIN SUCH TIME PERIOD AS SET FORTH IN SECTION TWO HUNDRED FIFTY-FOUR OF THIS ARTICLE. SUCH NOTICE SHALL SPECIFY THE TIME, DATE AND LOCATION OF SUCH HEARING AND, IN GENERAL TERMS, DESCRIBE THE PROPOSED ESTABLISHMENT OF THE DISTRICT AND THE PROPOSED BASIS OF THE FUTURE ASSESSMENT OF ALL COSTS OF OPERATION, MAINTENANCE AND IMPROVE- MENTS OF THE DISTRICT. 6. HEARING AND RESOLUTION TO ESTABLISH. 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 PERMISSIVE REFERENDUM, ESTABLISHING THE DISTRICT. 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 PERMISSIVE REFERENDUM. 8. ASSESSMENTS, LEVIES 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 WITHIN THE ZONES OF ASSESSMENT ESTABLISHED BY THIS SECTION: (A) SPECIAL ASSESSMENTS 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 S. 4008--B 94 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 ASSESS- MENTS 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 BOARD OF TRUSTEES ESTABLISHED IN ACCORDANCE WITH THE SUFFOLK COUNTY WATER QUALITY RESTORATION ACT. NOTH- ING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT THE COLLECTION OF CHARGES, RATES, TAXES, OR ASSESSMENTS AUTHORIZED BY THIS SECTION OUTSIDE OF THE ESTABLISHED ZONES OF ASSESSMENT WITHIN THE UNSEWERED PORTIONS OF THE DISTRICT OR WITHIN TOWN OR VILLAGE SEWER DISTRICTS. 8-A. RECORDING DETERMINATION. THE CLERK OF THE COUNTY LEGISLATURE SHALL WITHIN TEN DAYS AFTER THE EFFECTIVE DATE OF THE RESOLUTION CREAT- ING THE DISTRICT CAUSE A CERTIFIED COPY TO BE RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY AND WHEN SO RECORDED SUCH ORDER SHALL BE PRESUMPTIVE EVIDENCE OF THE REGULARITY OF THE PROCEEDINGS FOR THE CREATION OF THE DISTRICT AND OF ALL OTHER ACTION TAKEN BY THE COUNTY LEGISLATURE PURSUANT TO THIS SECTION. A CERTIFIED COPY SHALL ALSO BE FILED IN THE OFFICE OF THE STATE DEPARTMENT OF AUDIT AND CONTROL IN ALBANY, NEW YORK. 9. OTHER LAWS. ALL PROVISIONS OF THE REAL PROPERTY TAX LAW AND THE SUFFOLK COUNTY TAX ACT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME, NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, RELATING TO THE ASSESSING, LEVY AND COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS, AD VALOREM LEVIES AND SEWER RENTS IN THE COUNTY SHALL APPLY AND BE OF EQUAL FORCE AND APPLICABILITY TO SPECIAL ASSESSMENTS, AD VALOREM LEVIES AND SEWER RENTS AUTHORIZED PURSUANT TO THIS SECTION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT THE COLLECTION OF CHARGES, RATES, TAXES, OR ASSESSMENTS AUTHORIZED BY THIS SECTION OUTSIDE OF THE ESTAB- LISHED ZONES OF ASSESSMENT WITHIN THE UNSEWERED PORTIONS OF THE DISTRICT OR WITHIN TOWN OR VILLAGE SEWER DISTRICTS. 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, PROVIDED, HOWEVER, THAT THE MERGER OF ANY TOWN OR VILLAGE SEWER DISTRICT, OR VILLAGE SEWERAGE SYSTEM, WITH THE DISTRICT SHALL BE UPON PETITION OF A TOWN OR VILLAGE, IN ACCORDANCE WITH SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE, AND, UPON THE ADOPTION OF AN ORDER AS SET FORTH THEREIN, THE TOWN OR VILLAGE SEWER DISTRICT, OR VILLAGE SEWERAGE SYSTEM, IF SO DETERMINED BY THE COUNTY LEGISLATURE OF SUFFOLK, SHALL BE MERGED INTO AND CONSOLIDATED WITH THE DISTRICT, AND THE BOUNDARIES OF THE DISTRICT SHALL BE DEEMED EXTENDED. 11. WATER QUALITY RESTORATION FUND. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COUNTY OF SUFFOLK SHALL DEPOSIT THE NET COLLECTIONS FROM THE SALES AND COMPENSATING USE TAX AUTHORIZED BY S. 4008--B 95 SECTION ONE THOUSAND TWO HUNDRED TEN-F OF THE TAX LAW INTO THE SUFFOLK COUNTY WATER QUALITY RESTORATION FUND ESTABLISHED IN ACCORDANCE THERE- WITH, AND SHALL UTILIZE ALL MONIES TRANSFERRED FROM THE FUND CONSISTENT WITH THIS SECTION. 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. WHERE SUFFOLK COUNTY FINANCES A PROJECT, IN WHOLE, OR IN PART, PURSUANT TO THE LOCAL FINANCE LAW, THE RESOLUTION AUTHORIZING SUCH INDEBTEDNESS SHALL BE ACCOMPANIED BY A REPORT FROM THE COUNTY EXECUTIVE DEMONSTRATING HOW SAID INDEBTEDNESS WILL BE REPAID BY THE FUND. SAID REPORT SHALL INCLUDE AN ESTIMATE OF PROJECTED REVENUES OF THE FUND DURING THE PERIOD OF INDEBTEDNESS. THE REPORT SHALL ALSO PROVIDE AN ACCOUNTING OF ALL OTHER INDEBTEDNESS INCURRED AGAINST THE FUND TO BE REPAID FOR THE SAME PERIOD. THE COUNTY LEGISLATURE SHALL MAKE FINDINGS BY RESOLUTION THAT THERE WILL BE SUFFICIENT REVENUE TO REPAY SUCH INDEBTEDNESS IN ITS ENTIRETY FROM THE FUND BEFORE AUTHORIZING SUCH INDEBTEDNESS. 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 INDEBTEDNESS OR OBLIGATIONS INCURRED PURSUANT TO THE LOCAL FINANCE LAW FOR THE PURPOSES AUTHORIZED PURSUANT TO THIS SECTION. (B) (I) WATER QUALITY IMPROVEMENT PROJECTS SHALL BE ELIGIBLE FOR FUND- ING PURSUANT TO THIS SECTION. FOR PURPOSES OF THIS SECTION, "WATER QUALITY IMPROVEMENT PROJECTS" SHALL MEAN THE PLANNING, DESIGN, CONSTRUCTION, ACQUISITION, ENLARGEMENT, EXTENSION, OR ALTERATION OF A COUNTY, TOWN OR VILLAGE WASTEWATER TREATMENT FACILITY, INCLUDING INDI- VIDUAL 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 ELIM- INATE SEWAGE OR REDUCE POLLUTANTS, INCLUDING PERMANENT OR PILOT DEMON- STRATION WASTEWATER TREATMENT PROJECTS, OR EQUIPMENT OR FURNISHINGS THEREOF. IN THE CASE OF INDIVIDUAL SEPTIC SYSTEM PROJECTS, THE FUNDING OF THE OPERATION AND MAINTENANCE OF SUCH PROJECTS SHALL BE INCLUDED IN THE DEFINITION OF "WATER QUALITY IMPROVEMENT PROJECTS". 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 ELIGI- BLE FOR CONSIDERATION BY THE BOARD OF TRUSTEES, ESTABLISHED IN ACCORD- ANCE WITH SUBDIVISION SIX OF THIS SECTION. (II) OF THE ANNUAL COLLECTIONS OF THE FUND, ADMINISTRATION OF THE COUNTY WASTEWATER MANAGEMENT DISTRICT SHALL NOT EXCEED TEN PERCENT. NOT LESS THAN SEVENTY-FIVE PERCENT OF THE REMAINING ANNUAL FUNDS AFTER ADMINISTRATION SHALL BE USED TOWARD FUNDING INDIVIDUAL SEPTIC SYSTEMS PROJECTS. IN ADDITION TO WATER QUALITY IMPROVEMENT PROJECTS, OTHER ELIGIBLE EXPENDITURES FROM THE FUND SHALL INCLUDE THE PREPARATION OF AN ANNUAL SWP IMPLEMENTATION ACTION PLAN TO PROTECT, PRESERVE, AND REHABIL- ITATE GROUNDWATER, SURFACE WATER, AND DRINKING WATER. (III) 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. S. 4008--B 96 (C) (I) WITHIN THE LOCAL LAW, ORDINANCE OR RESOLUTION ESTABLISHING THE SUFFOLK COUNTY WATER QUALITY RESTORATION FUND, PURSUANT TO SECTION ONE THOUSAND TWO HUNDRED TEN-F OF THE TAX LAW, THE COUNTY SHALL ESTABLISH A BOARD OF TRUSTEES OF TWENTY-ONE 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 BOARD OF TRUSTEES, INCLUDING THE PROCEDURES FOR APPOINTMENT OF A CHAIRPERSON. SUCH 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; (Q) THE COUNTY DEPARTMENT OF HEALTH SERVICES COMMISSIONER OR DESIGNEE; (R) A REPRESENTATIVE FROM A REGIONAL ECONOMIC DEVELOPMENT ORGANIZATION; (S) A REPRESENTATIVE FROM THE LIQUID WASTE INDUSTRY; (T) A REPRESENTATIVE FROM THE SUFFOLK COUNTY ALLIANCE OF CHAMBERS, INC.; AND (U) A REPRESENTATIVE FROM THE LONG ISLAND CONTRACTORS ASSOCIATION. (II) THE POWERS AND DUTIES OF THE BOARD OF TRUSTEES SHALL OVERSEE THE ANNUAL AUDIT PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, MAKING PRUDENT RECOMMENDATIONS FOR RESOURCE ALLOCATIONS FOR COUNTY-APPROVED 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) ANNUAL SWP IMPLEMENTATION PLAN. THE 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 S. 4008--B 97 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 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 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 ADMINISTRA- TIVE ACTIVITIES OF THE WATER QUALITY FUND AND DISTRICT ESTABLISHED IN ACCORDANCE WITH THIS SECTION, DURING THE PRIOR YEAR. AT THE CONCLUSION OF THE REPORT, THE CHAIRPERSON OF THE BOARD OF TRUSTEES SHALL BE PREPARED TO ANSWER THE QUESTIONS OF THE COUNTY LEGISLATURE WITH RESPECT TO THE PROJECTS UNDERTAKEN, THE MONIES EXPENDED, AND THE ADMINISTRATIVE ACTIVITIES DURING THE PAST YEAR. § 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. § 4-a. Subdivisions (a) and (d) of section 1210-A of the tax law, as amended by chapter 683 of the laws of 2007, are amended to read as follows: (a) In addition to the taxes imposed by section twelve hundred ten or any other provision of this article, the county of Suffolk is hereby authorized and empowered to adopt and amend a local law, ordinance or resolution imposing within the territorial limits of said county an additional sales and compensating use tax at the rate of one-quarter of one percent for the period beginning December first, nineteen hundred eighty-four and ending November thirtieth, two thousand [thirty] SIXTY, which tax shall be identical to the tax imposed by said county pursuant to section twelve hundred ten of this article. Except as hereinafter provided, all provisions of this article, including the definition and exemption provisions and the provisions relating to the administration, collection and distribution by the commissioner, shall apply for purposes of the tax imposed by this section in the same manner and with the same force and effect as if the language of this article had been incorporated in full in this section and had expressly referred to the tax imposed by this section; provided, however, that any provision relating to a maximum rate shall be calculated without reference to the additional sales and compensating use tax herein authorized. For S. 4008--B 98 purposes of part IV of this article, relating to the disposition of revenues resulting from taxes collected and administered by the commis- sioner, the additional sales and compensating use tax herein provided shall be deemed to be imposed under the authority of section twelve hundred ten of this article and all provisions relating to the deposit, administration and disposition of taxes, penalties and interest relating to a tax imposed by a county under the authority of section twelve hundred ten of this article shall, except as otherwise specifically provided in this section, apply to the additional sales and compensating use tax imposed pursuant to this section. (d) Notwithstanding any other provision of this article to the contra- ry, the net collections from the tax imposed pursuant to subdivision (a) of this section for the period beginning December first, nineteen hundred eighty-eight and ending November thirtieth, two thousand [thir- ty] SIXTY shall, upon payment to the county of Suffolk, be deposited in a special fund, to be designated as a drinking water protection reserve fund, to be created by said county therefor separate and apart from any other funds and accounts of the county. Moneys in such fund shall be deposited in one or more of the banks or trust companies designated, in the manner provided by law, as a depository of the funds of such county. Pending expenditure from such fund, moneys therein may be invested in the manner provided in section eleven of the general municipal law. Any interest earned or capital gain realized on the moneys so deposited or invested shall accrue to and become part of such fund. Moneys in said fund may be appropriated from and transferred to or expended in any fiscal year only for the purposes of making payments pursuant to subdi- visions (b) and (c) of this section for the period beginning December first, nineteen hundred eighty-eight, to the extent that moneys in said fund are remaining, and if authorized by local law, for the following purposes: (i) for the purposes of specific environmental protection (acquisition of: farmland development rights; open space, wetlands, woodlands, pine barrens and other lands for passive recreational uses; lands for hamlet greens, hamlet parks, pocket parks, historic parks, cultural parks and other lands for active/parkland recreational uses; lands necessary for maintaining and protecting the quality of surface water, groundwater and coastal resources); (ii) for a water quality protection and restoration program or programs and land stewardship initiatives; (iii) for the purposes of county-wide property tax protection; and (iv) for the purpose of sewer taxpayer protection. Notwithstanding any special or local law, resolution or charter provision to the contrary, moneys in said fund which have not been appropriated from and transferred to or expended in any fiscal year for the purposes of making payments pursuant to subdivisions (b) and (c) of this section, may alternatively be appropriated for the purposes of paying debt service on any new indebtedness incurred after the effective date of the chapter of the laws of two thousand one that enacted this paragraph pursuant to the local finance law in order to effectuate the purposes described in paragraph (i) or (ii) of this subdivision. For the purpose of allocating moneys in said fund pursuant to local law among the purposes described in paragraphs (i), (ii), (iii) and (iv) of this subdivision, moneys applied to the payment of debt service under the authority of the previous sentence shall be considered by said county to have been expended for the purposes for which such indebtedness was incurred. S. 4008--B 99 § 4-b. The tax law is amended by adding a new section 1210-F to read as follows: § 1210-F. SALES AND COMPENSATING USE TAX FOR PURPOSES OF THE SUFFOLK COUNTY WATER QUALITY RESTORATION FUND. (A) IN ADDITION TO THE TAXES IMPOSED BY SECTION TWELVE HUNDRED TEN, SECTION TWELVE HUNDRED TEN-A, OR ANY OTHER PROVISION OF THIS ARTICLE, THE COUNTY OF SUFFOLK IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A LOCAL LAW, ORDINANCE OR RESOLUTION, SUBJECT TO A MANDATORY REFERENDUM, IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION TWENTY-THREE OF THE MUNICIPAL HOME RULE LAW, IMPOSING WITHIN THE TERRITORIAL LIMITS OF SAID COUNTY AN ADDITIONAL SALES AND COMPENSATING USE TAX AT THE RATE OF ONE-EIGHTH OF ONE PERCENT FOR THE PERIOD BEGINNING MARCH FIRST, TWO THOUSAND TWENTY-FOUR AND ENDING FEBRUARY TWENTY-NINTH, TWO THOUSAND SIXTY, WHICH TAX SHALL BE IDENTICAL TO THE TAX IMPOSED BY SAID COUNTY PURSUANT TO SECTION TWELVE HUNDRED TEN OF THIS ARTICLE. EXCEPT AS HEREINAFTER PROVIDED, ALL PROVISIONS OF THIS ARTICLE, INCLUDING THE DEFINITION AND EXEMPTION PROVISIONS AND THE PROVISIONS RELATING TO THE ADMINISTRATION, COLLECTION AND DISTRIBUTION BY THE COMMISSIONER, SHALL APPLY FOR PURPOSES OF THE TAX IMPOSED BY THIS SECTION IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE LANGUAGE OF THIS ARTICLE HAD BEEN INCORPORATED IN FULL IN THIS SECTION AND HAD EXPRESSLY REFERRED TO THE TAX IMPOSED BY THIS SECTION; PROVIDED, HOWEVER, THAT ANY PROVISION RELATING TO A MAXI- MUM RATE SHALL BE CALCULATED WITHOUT REFERENCE TO THE ADDITIONAL SALES AND COMPENSATING USE TAX HEREIN AUTHORIZED. FOR PURPOSES OF PART IV OF THIS ARTICLE, RELATING TO THE DISPOSITION OF REVENUES RESULTING FROM TAXES COLLECTED AND ADMINISTERED BY THE COMMISSIONER, THE ADDITIONAL SALES AND COMPENSATING USE TAX HEREIN PROVIDED SHALL BE DEEMED TO BE IMPOSED UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS ARTI- CLE AND ALL PROVISIONS RELATING TO THE DEPOSIT, ADMINISTRATION AND DISPOSITION OF TAXES, PENALTIES AND INTEREST RELATING TO A TAX IMPOSED BY A COUNTY UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE SHALL, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS SECTION, APPLY TO THE ADDITIONAL SALES AND COMPENSATING USE TAX IMPOSED PURSUANT TO THIS SECTION. (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRA- RY, THE NET COLLECTIONS FROM THE TAX IMPOSED PURSUANT TO SUBDIVISION (A) OF THIS SECTION FOR THE PERIOD BEGINNING MARCH FIRST, TWO THOUSAND TWEN- TY-FOUR AND ENDING FEBRUARY TWENTY-NINTH, TWO THOUSAND SIXTY SHALL, UPON PAYMENT TO THE COUNTY OF SUFFOLK, BE DEPOSITED IN A SPECIAL FUND, 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. MONEYS IN SUCH FUND SHALL BE DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION TEN OF THE GENERAL MUNICIPAL LAW AND IN NO EVENT SHALL MONEYS DEPOSITED BE TRANSFERRED TO ANY OTHER ACCOUNT. IN ADDITION TO THE NET COLLECTIONS FROM THE TAX, DEPOSITS INTO THE FUND MAY INCLUDE REVENUES OF SUFFOLK COUNTY FROM WHATEVER SOURCE AND MAY INCLUDE THE ACCEPTANCE OF GIFTS. PENDING EXPENDITURE FROM SUCH FUND, MONEYS THEREIN MAY BE INVESTED IN THE MANNER PROVIDED IN SECTION ELEVEN OF THE GENERAL MUNICIPAL LAW. ANY INTEREST EARNED OR CAPITAL GAIN REALIZED ON THE MONEYS SO DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME PART OF SUCH FUND. MONEYS IN SAID FUND MAY BE APPROPRIATED FROM AND TRANSFERRED TO OR EXPENDED IN ANY FISCAL YEAR ONLY FOR THE PURPOSES AUTHORIZED BY SUBDIVISION ELEVEN OF SECTION TWO HUNDRED FIFTY-SIX-B OF THE COUNTY LAW. § 5. This act shall take effect immediately. PART UU S. 4008--B 100 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 in a chapter of the laws of 2023 to the department of agriculture and markets from the special revenue funds-other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the department of agriculture and markets' participation in general ratemaking proceedings pursuant to section 65 of the public service law or certif- ication proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2023, the commissioner of the department of agriculture and markets shall submit an accounting of such expenses, including, but not limited to, expenses in the 2023--2024 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 2. Expenditures of moneys appropriated in a chapter of the laws of 2023 to the department of state from the special revenue funds- other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the activities of the department of state's utility intervention unit pursuant to subdivision 4 of section 94-a of the executive law, including, but not limited to participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursuant to article 7 or 10 of the public service law, and expenses related to the activities of the major renewable energy development program established by section 94-c of the executive law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2023, the secretary of state shall submit an accounting of such expenses, including, but not limited to, expenses in the 2023--2024 state fiscal year for personal and non-personal S. 4008--B 101 services and fringe benefits, to the chair of the public service commis- sion for the chair's review pursuant to the provisions of section 18-a of the public service law. § 3. Expenditures of moneys appropriated in a chapter of the laws of 2023 to the office of parks, recreation and historic preservation from the special revenue funds-other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the office of parks, recreation and historic preservation's participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2023, the commissioner of the office of parks, recreation and historic preservation shall submit an accounting of such expenses, including, but not limited to, expenses in the 2023--2024 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 4. Expenditures of moneys appropriated in a chapter of the laws of 2023 to the department of environmental conservation from the special revenue funds-other/state operations, environmental conservation special revenue fund-301, utility environmental regulation account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the department of environmental conservation's participation in state energy policy proceedings, or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2023, the commissioner of the department of environmental conservation shall submit an account- ing of such expenses, including, but not limited to, expenses in the 2023--2024 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 5. Notwithstanding any other law, rule or regulation to the contra- ry, expenses of the department of health public service education program incurred pursuant to appropriations from the cable television account of the state miscellaneous special revenue funds shall be deemed expenses of the department of public service. No later than August 15, 2023, the commissioner of the department of health shall submit an accounting of expenses in the 2023--2024 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 and shall expire and be deemed repealed April 1, 2024. PART WW S. 4008--B 102 Section 1. Section 11-102 of the energy law is amended by adding a new subdivision 17 to read as follows: 17. "ALL-ELECTRIC READY." A BUILDING, PROJECT, OR PORTION THEREOF THAT CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFICIENT CAPACITY FOR A FUTURE RETROFIT OF A MIXED-FUEL BUILDING TO AN ALL-ELECTRIC BUILD- ING, INCLUDING SUFFICIENT SPACE, DRAINAGE, ELECTRICAL CONDUCTORS OR RACEWAYS, BUS BAR CAPACITY, AND OVERCURRENT PROTECTIVE DEVICES FOR SUCH RETROFIT. THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL PROMULGATE GUIDELINES FOR AN ELECTRIC-READY BUILDING ON OR BEFORE JANU- ARY FIRST, TWO THOUSAND TWENTY-FOUR. § 2. Section 11-104 of the energy law is amended by adding three new subdivisions 7, 8 and 9 to read as follows: 7. IN ADDITION TO THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION, TO SUPPORT THE GOAL OF ZERO ON-SITE GREENHOUSE GAS EMISSIONS AND HELP ACHIEVE THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT LIMITED TO GREENHOUSE GAS REDUCTION REQUIREMENTS SET FORTH WITHIN CHAP- TER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN AS THE NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, THE CODE SHALL PROHIBIT INFRASTRUCTURE, BUILDING SYSTEMS, OR EQUIPMENT USED FOR THE COMBUSTION OF FOSSIL FUELS IN NEW CONSTRUCTION STATEWIDE NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR IF THE BUILD- ING IS LESS THAN SEVEN STORIES AND JULY FIRST, TWO THOUSAND TWENTY-EIGHT IF THE BUILDING IS SEVEN STORIES OR MORE. 8. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION: (A) THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL EXEMPT SYSTEMS FOR EMERGENCY BACK-UP POWER, OR BUILDINGS SPECIFICALLY DESIG- NATED FOR OCCUPANCY BY A COMMERCIAL FOOD ESTABLISHMENT, LABORATORY, LAUNDROMAT, HOSPITAL, OR CREMATORIUM BUT IN DOING SO SHALL SEEK TO MINI- MIZE EMISSIONS AND MAXIMIZE HEALTH, SAFETY, AND FIRE PROTECTION. IN SUCH CASES, THE CODE SHALL LIMIT THE INFRASTRUCTURE, BUILDING SYSTEMS, OR EQUIPMENT USED FOR THE COMBUSTION OF FOSSIL FUELS TO THE SYSTEM AND AREA OF A BUILDING FOR WHICH A PROHIBITION ON INFRASTRUCTURE, BUILDING SYSTEMS, OR EQUIPMENT USED FOR THE COMBUSTION OF FOSSIL FUELS IS INFEA- SIBLE. TO THE FULLEST EXTENT FEASIBLE, THE CODE SHALL REQUIRE THAT THE AREA OR SERVICE WITHIN THE PROJECT WHERE INFRASTRUCTURE, BUILDING SYSTEMS, OR EQUIPMENT USED FOR THE COMBUSTION OF FOSSIL FUELS ARE INSTALLED SHALL BE ALL-ELECTRIC READY. FINANCIAL CONSIDERATIONS SHALL NOT BE A SUFFICIENT BASIS TO DETERMINE PHYSICAL OR TECHNICAL INFEASIBIL- ITY. EXEMPTIONS OR WAIVERS PROVIDED UNDER THIS SUBDIVISION SHALL BE REVIEWED DURING EACH MAJOR CODE UPDATE CYCLE TO DETERMINE WHETHER THEY ARE STILL NEEDED. (B) THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL EXEMPT AGRICULTURAL BUILDINGS AS DEFINED BY THE CODE COUNCIL FROM THE PROVISIONS OF SUBDIVISION SEVEN. 9. NOTHING IN THIS SECTION SHALL BE INTERPRETED OR OTHERWISE CONSTRUED AS PREEMPTING A MUNICIPALITY FROM PROHIBITING INFRASTRUCTURE, BUILDING SYSTEMS, OR EQUIPMENT THAT USES OR COMBUSTS FOSSIL FUELS. § 3. The energy law is amended by adding a new section 11-111 to read as follows: § 11-111. ADDITIONAL REPORTING. ON OR BEFORE FEBRUARY FIRST, TWO THOU- SAND TWENTY-FOUR, THE DEPARTMENT OF PUBLIC SERVICE, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE DEPARTMENT OF STATE, AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL REPORT JOINTLY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF S. 4008--B 103 THE ASSEMBLY, REGARDING WHAT CHANGES TO ELECTRIC RATE DESIGNS, NEW OR EXISTING SUBSIDY PROGRAMS, POLICIES, OR LAWS ARE NECESSARY TO ENSURE THAT SUBDIVISIONS SEVEN AND EIGHT OF SECTION 11-104 OF THIS ARTICLE DO NOT DIMINISH THE PRODUCTION OF AFFORDABLE HOUSING OR THE AFFORDABILITY OF ELECTRICITY FOR CUSTOMERS IN ALL-ELECTRIC BUILDINGS. FOR THE PURPOSE OF THIS SUBDIVISION, "AFFORDABILITY OF ELECTRICITY" SHALL MEAN THAT ELECTRICITY DOES NOT COST MORE THAN SIX PERCENT OF A RESIDENTIAL CUSTOM- ER'S INCOME. § 4. Section 1005 of the public authorities law is amended by adding a new subdivision 30 to read as follows: 30. TO ESTABLISH, ADMINISTER, IMPLEMENT, AND FINANCE ANY PROGRAMS ESTABLISHED PURSUANT TO ARTICLE FOUR-D OF THE PUBLIC BUILDINGS LAW AND TO CREATE PROCESSES FOR APPLICATION REVIEW AND ALLOCATION OF FUNDS FOR SUCH PROGRAMS, AND TO CONSULT, COOPERATE AND COORDINATE WITH ANY STATE ENTITY AS REQUIRED OR AUTHORIZED IN ARTICLE FOUR-D OF THE PUBLIC BUILD- INGS LAW. § 5. The public buildings law is amended by adding a new article 4-D to read as follows: ARTICLE 4-D DECARBONIZATION OF STATE-OWNED FACILITIES SECTION 90. DEFINITIONS. 91. DECARBONIZATION REQUIREMENTS. 92. TRACKING AND REPORTING. 93. PUBLIC BUILDINGS DECARBONIZATION AND JOBS PROGRAM. § 90. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "STATE-OWNED FACILITY" INCLUDES "BUILDING" AS DEFINED IN SECTION EIGHTY-ONE OF THIS CHAPTER, "DORMITORY" AS DEFINED IN SECTION THREE HUNDRED SEVENTY OF THE EDUCATION LAW, AND "FACILITY" AS DEFINED IN SECTION THREE HUNDRED SEVENTY OF THE EDUCATION LAW. 2. "DISADVANTAGED COMMUNITIES" HAS THE SAME MEANING AS DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. 3. "HIGHEST-EMITTING FACILITIES" MEANS THE FIFTEEN STATE-OWNED FACILI- TIES THAT PRODUCE THE MOST EMISSIONS AND COLLECTIVELY ACCOUNT FOR AT LEAST THIRTY PERCENT OF THE GREENHOUSE GAS EMISSIONS AS RECORDED BY THE AUTHORITY'S BUILD SMART NY PROGRAM ESTABLISHED PURSUANT TO EXECUTIVE ORDER EIGHTY-EIGHT OF TWO THOUSAND TWELVE. 4. "DECARBONIZATION" AND "DECARBONIZE" MEANS ELIMINATING ALL ON-SITE COMBUSTION OF FOSSIL FUELS AND CRITERIA POLLUTANTS WITH THE EXCEPTION OF BACK-UP EMERGENCY GENERATORS AND, TO THE GREATEST EXTENT FEASIBLE, PRODUCING OR PURCHASING ELECTRICITY THAT IS ONE HUNDRED PERCENT RENEWA- BLE. 5. "PROGRAM" MEANS THE PUBLIC BUILDINGS DECARBONIZATION AND JOBS PROGRAM ESTABLISHED PURSUANT TO SECTION NINETY-THREE OF THIS ARTICLE. 6. "AUTHORITY" SHALL MEAN THE POWER AUTHORITY OF THE STATE OF NEW YORK. 7. "THERMAL ENERGY" HAS THE SAME MEANING AS DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW. 8. "THERMAL ENERGY NETWORK" MEANS ALL REAL ESTATE, FIXTURES AND PERSONAL PROPERTY OPERATED, OWNED, USED OR TO BE USED FOR OR IN CONNECTION WITH OR TO FACILITATE A DISTRIBUTION INFRASTRUCTURE PROJECT THAT SUPPLIES THERMAL ENERGY. § 91. DECARBONIZATION REQUIREMENTS. 1. NO LATER THAN DECEMBER THIRTY- FIRST, TWO THOUSAND THIRTY, TOTAL ON-SITE GREENHOUSE GAS EMISSIONS SHALL BE REDUCED ACROSS ALL STATE-OWNED FACILITIES TO BE AT LEAST FIFTY PERCENT LOWER COMPARED TO A JANUARY FIRST, TWO THOUSAND TWENTY-FOUR BASELINE. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-FIVE, S. 4008--B 104 TOTAL ON-SITE GREENHOUSE GAS EMISSIONS SHALL BE REDUCED ACROSS ALL STATE-OWNED FACILITIES TO BE AT LEAST SEVENTY-FIVE PERCENT LOWER COMPARED TO A JANUARY FIRST, TWO THOUSAND TWENTY-FOUR BASELINE. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND FORTY, ALL STATE-OWNED FACILI- TIES SHALL HAVE ZERO TOTAL ON-SITE GREENHOUSE GAS EMISSIONS. 2. OPERATORS OF STATE-OWNED FACILITIES MAY APPLY TO THE AUTHORITY FOR A TEMPORARY EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION. ANY EXEMPTIONS MAY BE FOR UP TO TWO YEARS FROM THE DATE OF APPROVAL, AND ANY EXTENSION OF EXEMPTION PERIOD SHALL NEED TO BE RESUBMITTED AND REEVALU- ATED UPON EXPIRATION, PROVIDED NO SUCH PERIOD OF A SINGLE EXTENSION MAY BE LONGER THAN TWO YEARS. THE AUTHORITY SHALL ONLY APPROVE APPLICATIONS FOR EXEMPTIONS FOR MAINTAINING SYSTEM RELIABILITY OR IF ALL REASONABLE ATTEMPTS TO COVER THE COSTS OF DECARBONIZATION, INCLUDING APPLICATION FOR FEDERAL FUNDS AND RECEIVING SUPPORT FROM THE AUTHORITY, HAVE BEEN EXHAUSTED, PROVIDED THAT SUCH FACILITY HAS MADE REASONABLE PROGRESS TOWARD DECARBONIZATION GOALS OF THIS SECTION. § 92. TRACKING AND REPORTING. 1. THE AUTHORITY, IN COOPERATION WITH THE STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL: (A) ESTAB- LISH A BASELINE OF ON-SITE GREENHOUSE GAS EMISSIONS FROM ALL STATE-OWNED FACILITIES AS OF JANUARY FIRST, TWO THOUSAND TWENTY-FOUR; AND (B) TRACK ON-SITE GREENHOUSE GAS EMISSIONS OF STATE-OWNED FACILITIES AND THEIR PROGRESS IN COMPLYING WITH THE REQUIREMENTS OF SECTION NINETY-ONE OF THIS ARTICLE. ALL STATE-OWNED FACILITIES SHALL FURNISH SUCH INFORMATION AND ASSISTANCE AS THE AUTHORITY DETERMINES IS NECESSARY FOR IMPLEMENTA- TION OF THE PROVISIONS OF THIS ARTICLE. 2. THE AUTHORITY SHALL ISSUE A REPORT TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE ON MARCH THIRTY- FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER, ON THE PROGRESS MADE TO MEET THE GREENHOUSE GAS EMISSIONS REDUCTION REQUIRE- MENTS SET FORTH IN SECTION NINETY-ONE OF THIS ARTICLE, THE NUMBER AND TYPE OF PROJECTS COMPLETED, STATUS OF CURRENT OR INCOMPLETE PROJECTS, THE NUMBER OF JOBS CREATED PURSUANT TO SUCH PROJECTS, THE NUMBER OF LOCAL HIRES, INCLUDING THE PERCENTAGE FROM DISADVANTAGED COMMUNITIES. SUCH REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC ON THE AUTHORI- TY'S WEBSITE. § 93. PUBLIC BUILDINGS DECARBONIZATION AND JOBS PROGRAM. 1. (A) THE AUTHORITY IS HEREBY DIRECTED TO ESTABLISH AND ADMINISTER THE PUBLIC BUILDINGS DECARBONIZATION AND JOBS PROGRAM, AS PRESCRIBED IN THIS SECTION, TO PROVIDE FUNDING, TECHNICAL ASSISTANCE AND OTHER RESOURCES AS NECESSARY TO PLAN AND IMPLEMENT DECARBONIZATION PROJECTS AT THE HIGHEST-EMITTING FACILITIES, INCLUDING CONSTRUCTION OF THERMAL ENERGY NETWORKS AND INSTALLATION OF OTHER COMPLEMENTARY MEASURES SUCH AS BUILD- ING WEATHERIZATION, ELECTRICAL UPGRADES, INSTALLATION OF HEAT PUMPS, AND ON-SITE RENEWABLE ENERGY GENERATION. (B) NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FOUR, THE AUTHORITY SHALL PROVIDE AWARDS OF AT LEAST FIVE MILLION DOLLARS EACH TO THE HIGHEST-EMITTING FACILITIES FOR FIFTEEN STATE-OWNED FACILITIES TO DEVEL- OP SHOVEL-READY DECARBONIZATION PLANS FOR THE INSTALLATION AND OPERATION OF THERMAL ENERGY NETWORKS AND OTHER COMPLEMENTARY MEASURES NECESSARY TO DECARBONIZE THE FACILITY, INCLUDING WITHOUT LIMITATION, BUILDING WEATH- ERIZATION, ELECTRICAL UPGRADES, INSTALLATION OF HEAT PUMPS AND ON-SITE RENEWABLE ELECTRICITY OR RENEWABLE THERMAL ENERGY PRODUCTION. THE RECIP- IENTS OF THE AWARD MAY STUDY AND CHOOSE THE BEST OPTION FOR DECARBONIZA- TION, INCLUDING CONSIDERATION OF THE THERMAL ENERGY NETWORKS AND COMPLE- MENTARY METHODS, BASED ON THE SCALE AND TECHNICAL REQUIREMENTS FOR THEIR SITE. THE DECARBONIZATION PLANS SHALL INCLUDE ANY FEASIBILITY STUDIES, S. 4008--B 105 ENGINEERING REPORTS, AND OTHER PREPARATORY WORK NECESSARY TO DETERMINE A PROJECT BUDGET, ESTIMATED PROJECT LENGTH FOR THE INSTALLATION AND OPERA- TION OF THERMAL ENERGY NETWORKS OR OTHER MEASURES TO DECARBONIZE THE FACILITY. SUCH PLANS SHALL BE REQUIRED TO BE COMPLETED NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FIVE, AND SHALL BE PUBLISHED PUBLICLY ON THE WEBSITE OF THE AUTHORITY. ANY FUNDING RECEIVED PURSUANT TO THIS PARAGRAPH SHALL BE USED EXCLUSIVELY TO CONDUCT THE STUDIES AND REPORTS REQUIRED BY THIS SUBDIVISION, AND COMPLETE DECARBONIZATION PROJECTS AT THE HIGHEST-EMITTING FACILITIES. ANY STATE-OWNED FACILITY RECEIVING AWARDS PURSUANT TO THIS SECTION SHALL CONSIDER IN ITS FEASIBILITY STUDIES AND ENGINEERING REPORTS THE POSSIBILITY OF INCLUDING NEARBY BUILDINGS THAT ARE NOT STATE-OWNED IN SUCH NETWORK. (C) NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FOUR, THE AUTHORITY SHALL MAKE AVAILABLE A TOTAL OF AT LEAST THIRTY MILLION DOLLARS IN GRANTS TO FUND WORK ON DECARBONIZATION PROJECTS THAT ARE ALREADY SHOVEL READY, AT STATE-OWNED FACILITIES ACROSS THE STATE THAT ARE PREPARING TO INSTALL THERMAL ENERGY NETWORKS. (D) NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FOUR, THE AUTHORITY SHALL MAKE AVAILABLE A TOTAL OF AT LEAST TEN MILLION DOLLARS IN GRANTS TO FUND PREPARATION AND IMPLEMENTATION OF ELECTRIFICATION AND WEATHERI- ZATION AT STATE-OWNED FACILITIES ACROSS THE STATE THAT ARE PREPARING TO INSTALL THERMAL ENERGY NETWORKS. (E) TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE AUTHORITY SHALL CONSULT AND COORDINATE WITH, AND PROVIDE ANY TECHNICAL ASSISTANCE NECES- SARY FOR COMPLIANCE WITH THE PROVISIONS OF THIS SECTION TO, THE OFFICE OF GENERAL SERVICES, THE STATE UNIVERSITY OF NEW YORK, THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, OR ANY OTHER OWNER OR OPERATOR OF STATE-OWNED FACILITIES. THE AUTHORITY MAY ASK AND SHALL RECEIVE FROM THE STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE OFFICE OF GENERAL SERVICES, THE STATE UNIVERSITY OF NEW YORK, THE DORMITORY AUTHORITY, AND ANY OWNERS OR OPERATORS OF STATE-OWNED FACILITIES, ANY INFORMATION OR ASSISTANCE NECESSARY TO CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION. (F) ANY WORK CONDUCTED PURSUANT TO, OR USING FUNDS PROVIDED PURSUANT TO, THIS SECTION SHALL COMPLY WITH THE LABOR AND COMMUNITY PROVISIONS REQUIRED IN SUBDIVISIONS THREE AND FOUR OF THIS SECTION. 2. NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-SEVEN, THE AUTHORITY IN COORDINATION WITH THE STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL IDENTIFY ALL STATE-OWNED FACILITIES THAT ARE LOCATED IN DISADVAN- TAGED COMMUNITIES, AND SHALL PROVIDE FUNDING, TECHNICAL ASSISTANCE AND OTHER RESOURCES AS NECESSARY TO PLAN AND IMPLEMENT DECARBONIZATION PROJECTS AT STATE-OWNED FACILITIES LOCATED IN DISADVANTAGED COMMUNITIES THAT ARE NOT THE HIGHEST-EMITTING FACILITIES. 3. ANY PROJECT FUNDED OR CREATED PURSUANT TO THIS SECTION SHALL BE DEEMED PUBLIC WORK PROJECTS SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW AND INCLUDE THE FOLLOWING REQUIREMENTS: (A) FOR ALL CONSTRUCTION WORK, THE PUBLIC OWNER, OR A THIRD PARTY ACTING ON BEHALF OF SUCH PUBLIC OWNER, SHALL ENTER INTO A PROJECT LABOR AGREEMENT, AS DEFINED BY SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, WITH A BONA FIDE BUILDING AND CONSTRUCTION TRADES LABOR ORGANIZA- TION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK. (B) FOR ANY BUILDING SERVICES WORK ASSOCIATED WITH THE PROJECT OR PERMANENT INSTALLATION OF DECARBONIZATION COMPONENTS, PAYMENT AND ENFORCEMENT OF PREVAILING WAGE CONSISTENT WITH ARTICLE NINE OF THE LABOR LAW. S. 4008--B 106 (C) FOR ANY OPERATIONS AND MAINTENANCE WORK ASSOCIATED WITH THE PERMA- NENT INSTALLATION OF DECARBONIZATION COMPONENTS, SUCH AS THERMAL ENERGY NETWORKS, THE PUBLIC ENTITY SHALL REQUIRE A LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR ORGANIZATION THAT IS ACTIVELY REPRESENTING EMPLOYEES IN SUCH JOB-TYPE OR, UPON NOTICE, BY A BONA FIDE LABOR ORGAN- IZATION THAT IS ATTEMPTING TO REPRESENT EMPLOYEES IN SUCH JOB-TYPE. INDIVIDUALS ELIGIBLE FOR SUCH EMPLOYMENT POSITIONS SHALL FIRST BE SELECTED FROM AND OFFERED TO A POOL OF TRANSITIONING UTILITY WORKERS WHO HAVE LOST, OR ARE AT RISK OF LOSING, THEIR EMPLOYMENT WITH A UTILITY DOWNSIZING ITS GAS TRANSMISSION AND DISTRIBUTION SYSTEM. SUCH LIST OF POTENTIAL EMPLOYEES SHALL BE PROVIDED BY AFFECTED UNIONS AND PROVIDED TO THE COMMISSIONER OF LABOR, WHO SHALL UPDATE AND PROVIDE SUCH LIST TO THE AUTHORITY, OR THE RELEVANT STATE-OWNED FACILITY, NINETY DAYS PRIOR TO THE PURCHASE, ACQUISITION, AND/OR CONSTRUCTION OF ANY DECARBONIZATION PROJECT CREATED UNDER THIS SECTION. (D) (I) THE INCLUSION OF CONTRACT LANGUAGE WITH A PROVISION THAT THE IRON AND STRUCTURAL STEEL USED OR SUPPLIED ON THE "PUBLIC WORK" FOR PURPOSES OF THIS PARAGRAPH, IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO AND THAT IS PERMANENTLY INCORPORATED INTO THE PUBLIC WORK, SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF A STRUC- TURAL IRON OR STRUCTURAL STEEL PRODUCT ALL MANUFACTURING SHALL TAKE PLACE IN THE UNITED STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES. FOR THE PURPOSES OF THIS SUBDIVISION, "PERMANENTLY INCORPORATED" SHALL MEAN AN IRON OR STEEL PRODUCT THAT IS REQUIRED TO REMAIN IN PLACE AT THE END OF THE PROJECT CONTRACT, IN A FIXED LOCATION, AFFIXED TO THE PUBLIC WORK TO WHICH IT WAS INCORPORATED. IRON AND STEEL PRODUCTS THAT ARE CAPABLE OF BEING MOVED FROM ONE LOCATION TO ANOTHER ARE NOT PERMANENTLY INCORPORATED INTO A PUBLIC WORK. (II) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY IF THE HEAD OF THE PUBLIC ENTITY CONSTRUCTING THE PUBLIC WORKS, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT THE PROVISIONS WOULD NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN UNREASONABLE COSTS, OR THAT OBTAINING SUCH STEEL OR IRON IN THE UNITED STATES WOULD INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT, OR SUCH IRON OR STEEL, INCLUDING WITHOUT LIMITATION STRUCTURAL IRON AND STRUCTURAL STEEL CANNOT BE PRODUCED OR MADE IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY. THE HEAD OF THE PUBLIC ENTITY CONSTRUCTING THE PUBLIC WORKS SHALL INCLUDE SUCH DETERMINATION IN AN ADVERTISEMENT OR SOLICITATION OF A REQUEST FOR PROPOSAL, INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFERORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS SUBDIVISION. THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY FOR EQUIPMENT PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. (E) APPRENTICESHIP AND WORKFORCE DEVELOPMENT UTILIZATION: (I) WHEREVER POSSIBLE, CONTRACTORS AND SUBCONTRACTORS SHALL BE REQUIRED TO PARTIC- IPATE IN APPRENTICESHIP PROGRAMS, REGISTERED IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THE LABOR LAW, IN THE TRADES IN WHICH THEY ARE PERFORM- ING WORK; (II) FOR INDUSTRIES WITHOUT APPRENTICESHIP PROGRAMS, THE USE OF WORKFORCE TRAINING, PREFERABLY IN CONJUNCTION WITH A BONA FIDE LABOR ORGANIZATION, SHALL BE REQUIRED; (III) ENCOURAGEMENT OF REGISTERED PRE- APPRENTICESHIP DIRECT ENTRY PROGRAMS FOR THE RECRUITMENT OF LOCAL AND/OR DISADVANTAGED WORKERS. S. 4008--B 107 (F) AT LEAST FORTY PERCENT OF THE FUNDING FOR WORKFORCE DEVELOPMENT PROGRAMS, PRE-APPRENTICESHIP PROGRAMS, AND NECESSARY WRAPAROUND SERVICES UTILIZED FOR THE PROGRAMS ESTABLISHED PURSUANT TO THIS ARTICLE SHALL BENEFIT RESIDENTS OF DISADVANTAGED COMMUNITIES. 4. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EXISTING PUBLIC EMPLOYEES SHALL BE PRESERVED AND PROTECTED. NOTHING IN THIS ARTICLE SHALL RESULT IN: (I) THE DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOY- MENT BENEFITS OR RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS; (II) THE TRANSFER OF EXISTING DUTIES AND FUNC- TIONS; OR (III) THE TRANSFER OF FUTURE DUTIES AND FUNCTIONS, OF ANY CURRENTLY EMPLOYED WORKER OF THE STATE OR ANY AGENCY, PUBLIC AUTHORITY OR THE STATE UNIVERSITY OF NEW YORK. (B) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR DECARBONIZA- TION PROJECTS, THE AGENCY, PUBLIC AUTHORITY OR THE STATE UNIVERSITY OF NEW YORK SHALL CREATE AND IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT: (I) ESTIMATES THE NUMBER OF CURRENT POSITIONS THAT WOULD BE ELIMINATED OR SUBSTANTIALLY CHANGED AS A RESULT OF THE PROPOSED BUILDING DECARBONI- ZATION PROJECT, AND THE NUMBER OF POSITIONS EXPECTED TO BE CREATED BY THE BUILDING DECARBONIZATION PROJECT; (II) IDENTIFIES GAPS IN SKILLS OF ITS CURRENT WORKFORCE THAT ARE NEEDED TO OPERATE AND MAINTAIN THERMAL ENERGY NETWORKS; (III) INCLUDES A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE DECARBONIZATION PROJECTS; AND (IV) CONTAINS AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED DECARBONIZATION PROJECTS. (C) NOTHING IN THIS ARTICLE SHALL LIMIT THE RIGHTS OF EMPLOYEES PURSU- ANT TO A COLLECTIVE BARGAINING AGREEMENT OR ALTER THE EXISTING REPRESEN- TATIONAL RELATIONSHIPS AMONG COLLECTIVE BARGAINING REPRESENTATIVES OR THE BARGAINING RELATIONSHIPS BETWEEN THE EMPLOYER AND ANY COLLECTIVE BARGAINING REPRESENTATIVE. EMPLOYEES OF PUBLIC ENTITIES SERVING IN POSI- TIONS IN NEWLY CREATED TITLES SHALL BE ASSIGNED TO THE APPROPRIATE BARGAINING UNIT. (D) PRIOR TO BEGINNING THE PROCUREMENT PROCESS FOR DECARBONIZATION PROJECTS, THE STATE AGENCY, PUBLIC AUTHORITY OR THE STATE UNIVERSITY OF NEW YORK SHALL INFORM ITS EMPLOYEES' COLLECTIVE BARGAINING REPRESEN- TATIVE OF ANY POTENTIAL IMPACT ON ITS MEMBERS OR UNIT, INCLUDING POSI- TIONS THAT MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF SUCH PROJECTS. 5. THE AUTHORITY SHALL COMPLETE AND SUBMIT A REPORT, ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-FIVE, ON THE IMPLEMENTATION OF THE PUBLIC BUILDINGS DECARBONIZATION AND JOBS PROGRAM ESTABLISHED PURSUANT TO THIS SECTION, AND THOSE ACTIVITIES UNDERTAKEN PURSUANT TO THIS SECTION, TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE SENATE CORPORATIONS, AUTHORI- TIES, AND COMMISSIONS COMMITTEE, THE CHAIR OF THE ASSEMBLY CORPORATIONS, AUTHORITIES, AND COMMISSIONS COMMITTEE, THE CHAIR OF THE ASSEMBLY ENERGY COMMITTEE AND THE CHAIR OF THE SENATE ENERGY COMMITTEE. § 6. This act shall take effect immediately. PART XX Intentionally Omitted S. 4008--B 108 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--B 109 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; do not result in a net increase in co-pollutant emissions or otherwise disproportionately burden disadvantaged communities; 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 New York State adopt an economy-wide cap and invest program to, among other purposes, ensure achievement of the statewide greenhouse gas emis- sion limits. 3. An economy-wide cap and invest program would meet the requirements of section 75-0109 of the environmental conservation law. § 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 fourteen new subdivisions 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 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. 16. "CAP AND INVEST PROGRAM" SHALL MEAN THE PROGRAM, AS ESTABLISHED BY SECTION 75-0121 OF THIS ARTICLE TO ACHIEVE THE REQUIREMENTS OF THIS S. 4008--B 110 ARTICLE WITH RESPECT TO STATEWIDE GREENHOUSE GAS EMISSION LIMITS AS ADOPTED BY THE DEPARTMENT AND THE AUTHORITY. 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. 20. "COMPLIANCE OBLIGATION" SHALL MEAN THE REQUIREMENT TO SUBMIT ALLOWANCES SUFFICIENT FOR ALL EMISSIONS WITH RESPECT TO A COMPLIANCE PERIOD. 21. "COMPLIANCE PERIOD" SHALL MEAN A ONE-YEAR PERIOD DURING WHICH A COVERED ENTITY'S CARBON DIOXIDE EQUIVALENT EMISSIONS MAY NOT EXCEED THE ALLOWANCES OBTAINED AND SUBMITTED BY THE COVERED ENTITY TO THE AUTHORITY FOR SUCH PERIOD. 22. "ENERGY-INTENSIVE AND TRADE-EXPOSED FACILITIES" OR "EITES" SHALL MEAN THOSE BUSINESSES IDENTIFIED BY THE DEPARTMENT PURSUANT TO SUBDIVI- SION THREE OF SECTION 75-0121 OF THIS ARTICLE. 23. "CLIMATE AND COMMUNITY PROTECTION FUND" SHALL MEAN THE CLIMATE AND COMMUNITY PROTECTION FUND AS ESTABLISHED PURSUANT TO SECTION NINETY-TWO- QQ OF STATE FINANCE LAW. 24. "FIRST COMPLIANCE PERIOD" SHALL MEAN THE COMPLIANCE PERIOD BEGIN- NING JUNE FIRST, TWO THOUSAND TWENTY-FOUR. 25. "LINK" OR "LINKAGE" MEANS ESTABLISHMENT OF A BILATERAL OR MULTI- LATERAL NON-BINDING AGREEMENT THAT CONNECTS TWO OR MORE MARKET-BASED PROGRAMS DESIGNED TO REDUCE CARBON DIOXIDE EQUIVALENT EMISSIONS AND WHICH: A. ARTICULATES A MUTUAL UNDERSTANDING OF HOW THE PARTICIPATING JURIS- DICTIONS WILL COLLABORATE TO FACILITATE REDUCTIONS OF CARBON DIOXIDE EQUIVALENT EMISSIONS; B. AUTHORIZES PROCESSES FOR SATISFACTION OF COMPLIANCE OBLIGATIONS IN ONE PARTICIPATING JURISDICTION AS PARTIALLY OR FULLY SATISFYING, AS APPROPRIATE, COMPLIANCE OBLIGATIONS OF REGULATED ENTITIES IN ANOTHER PARTICIPATING JURISDICTION; AND C. OTHERWISE PROVIDES FOR COORDINATION OF ACTIVITIES TO FACILITATE OPERATION OF A JOINT MARKET. 26. "COVERED SOURCE" SHALL MEAN A GREENHOUSE GAS EMISSIONS SOURCE WHICH IS SUBJECT TO THE CAP AND INVEST PROGRAM, AS DETERMINED BY THE DEPARTMENT, SUBJECT TO THE PROVISIONS OF PARAGRAPH TWO OF SUBDIVISION B OF SECTION 75-0109 OF THIS CHAPTER. 27. "CAP" SHALL MEAN THE MAXIMUM ALLOWABLE GREENHOUSE GAS EMISSIONS IN A COMPLIANCE PERIOD AS SET BY THE DEPARTMENT PURSUANT TO SECTION 75-0121 OF THIS ARTICLE. 28. "PARTICIPATING JURISDICTIONS" SHALL MEAN JURISDICTIONS WHICH ARE LINKED. 29. "RESERVE ALLOWANCE" SHALL MEAN AN ALLOWANCE PROVIDED FOR PURSUANT TO SUBDIVISION FIVE OF SECTION 75-0121 OF THIS ARTICLE. § 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. S. 4008--B 111 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. § 3-a. Paragraph b of subdivision 4 of section 75-0109 of the environ- mental conservation law, as added by chapter 106 of the laws of 2019, is amended to read as follows: b. The use of such mechanism shall account for not greater than fifteen percent of statewide greenhouse gas emissions estimated as a percentage of nineteen ninety emissions pursuant to section 75-0105 of this article, provided that the use of this mechanism must offset a quantity greater than or equal to the greenhouse gases emitted. The offset of greenhouse gas emissions shall not result in disadvantaged communities having to bear a disproportionate burden of environmental impacts. GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO COST REDUCTIONS FOR ALLOWANCES ISSUED TO EITES PURSUANT TO SUBDIVISION THREE OF SECTION 75-0121 OF THIS ARTICLE SHALL BE SUBJECT TO THE PERCENTAGE LIMITATION ON GREENHOUSE GAS EMISSIONS UNDER ALTERNATIVE COMPLIANCE MECHANISMS SET FORTH IN THE FIRST SENTENCE OF THIS PARAGRAPH. § 3-b. Section 75-0109 of the environmental conservation law is amended by adding two new subdivisions 5 and 6 to read as follows: 5. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPART- MENT SHALL SET STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS FOR EACH COMPLIANCE PERIOD FOR THE PURPOSE OF DETERMINING INTERIM PROGRESS IN ACHIEVING THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS SET FORTH IN SECTION 75-0107 OF THIS ARTICLE. SUCH STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS SHALL BE SET BY THE DEPARTMENT AS INTERIM GREENHOUSE GAS EMISSION REDUCTION TARGETS TO INFORM DECISION-MAKING REGARDING THE NEED TO REDUCE TOTAL ALLOWABLE GREENHOUSE GAS EMISSIONS UNDER THE CAP AND INVEST PROGRAM, AND SHALL BE REVIEWED ANNUALLY. IF, IN THE DETERMINATION OF THE DEPARTMENT, SUCH STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS ARE SET AT A LEVEL WHICH IS INSUFFICIENT TO INCENTIVIZE STATE GREENHOUSE GAS EMISSIONS REDUCTIONS PROGRESS NECESSARY TO ACHIEVE THE EMISSIONS REDUCTION TARGETS SET FORTH IN SECTION 75-0107 OF THIS ARTICLE, THE DEPARTMENT SHALL THEN IMMEDIATELY MODIFY THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS SET PURSUANT TO THIS SUBDIVISION TO CORRECT SUCH INSUF- FICIENCY, BEGINNING WITH THE NEXT COMPLIANCE PERIOD. 6. ALL REVENUE, INTEREST AND PENALTIES RECEIVED UNDER PROGRAMS AND REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL BE DEPOSITED IN THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT. § 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 S. 4008--B 112 in areas that may be identified as disadvantaged communities under the proposed criteria. § 5-a. Paragraph b of subdivision 2 of section 75-0119 of the environ- mental conservation law, as added by chapter 106 of the laws of 2019, is amended to read as follows: b. An assessment of existing regulations [and], whether modifications are needed to ensure fulfillment of the statewide greenhouse gas emis- sions limits, AND A DESCRIPTION OF ANY SUCH MODIFICATIONS THE DEPARTMENT HAS MADE AND INTENDS TO MAKE PURSUANT TO SECTIONS 75-0121 AND 75-0125 OF THIS ARTICLE. § 6. The environmental conservation law is amended by adding five new sections 75-0121, 75-0123, 75-0125, 75-0127 and 75-0129 to read as follows: § 75-0121. CAP AND INVEST PROGRAM; ALLOCATION OF ALLOWANCES. 1. CAP AND INVEST PROGRAM. A. THERE IS HEREBY CREATED AN ECONOMY-WIDE CAP AND INVEST PROGRAM TO ENSURE THE SATISFACTION OF THE REQUIREMENTS OF SECTIONS 75-0107 AND 75-0109 OF THIS ARTICLE THROUGH EMISSIONS REDUCTIONS METHODS ADOPTED AND IMPLEMENTED BY THE DEPARTMENT AND THE AUTHORITY. THE DEPARTMENT AND THE AUTHORITY SHALL UNDERTAKE SUCH ADOPTION AND IMPLEMENTATION SO AS TO PROVIDE FOR THE PROGRAM TO BEGIN AS OF THE START OF THE FIRST COMPLIANCE PERIOD. THE CAP AND INVEST PROGRAM SHALL BE SUBJECT TO PUBLIC NOTICE AND COMMENT, INCLUDING AT LEAST THREE PUBLIC HEARINGS, AND SHALL INCLUDE SUBSTANTIAL CONSULTATION WITH THE CLIMATE JUSTICE WORKING GROUP AND MEMBERS OF DISADVANTAGED COMMUNITIES. B. THE CAP AND INVEST PROGRAM SHALL PROVIDE FOR ANNUALLY DECLINING AGGREGATE GREENHOUSE GAS EMISSIONS LIMITS BY SETTING A MAXIMUM ALLOWABLE AMOUNT OF GREENHOUSE GAS EMISSIONS FROM ALL COVERED SOURCES REGULATED UNDER THE CAP AND INVEST PROGRAM IN A GIVEN COMPLIANCE PERIOD. SUCH GREENHOUSE GAS EMISSIONS LIMITS MAY BE REFERRED TO HEREIN AS A CAP. C. A CERTAIN NUMBER OF ALLOWANCES SHALL BE CREATED BY THE DEPARTMENT TO BE TRANSFERRED TO THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT SO AS TO BE MADE AVAILABLE BY THE AUTHORITY TO COVERED SOURCES IN THE MANNER SET FORTH IN THIS SECTION AND SUBDIVISION TWENTY-FIVE OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW. THE TOTAL NUMBER OF ALLOWANCES CREATED AND TRANSFERRED SO AS TO BE MADE AVAILABLE FOR AUCTION OR SALE BY THE AUTHORITY IN A COMPLIANCE PERIOD SHALL IN NO EVENT EXCEED THE CAP FOR SUCH COMPLIANCE PERIOD. D. ALL COVERED SOURCES MUST REGISTER WITH THE DEPARTMENT IN A FORM AND MANNER TO BE PRESCRIBED BY THE DEPARTMENT AND SHALL BE SUBJECT TO SUCH REQUIREMENTS AS THE DEPARTMENT MAY ESTABLISH BY REGULATION TO ENSURE COMPLIANCE WITH THIS ARTICLE. E. IN IMPLEMENTING THE CAP AND INVEST PROGRAM THE DEPARTMENT SHALL PRIORITIZE GREENHOUSE GAS EMISSIONS REDUCTIONS IN DISADVANTAGED COMMUNI- TIES, INCLUDING BUT NOT LIMITED TO, BY ESTABLISHING MAXIMUM ALLOWABLE GREENHOUSE GAS EMISSIONS LIMITS FOR ALL INDIVIDUAL SOURCES LOCATED IN, OR CONTRIBUTING TO POLLUTION BURDEN IN, A DISADVANTAGED COMMUNITY. MAXI- MUM ALLOWABLE GREENHOUSE GAS EMISSIONS LIMITS ON INDIVIDUAL SOURCES SHALL DECLINE ANNUALLY AT A RATE WHICH IS PROPORTIONAL TO THE DECLINE OF THE CAP. SUCH EMISSIONS LIMITS SHALL BE SUFFICIENT TO ENSURE THAT DISAD- VANTAGED COMMUNITIES EXPERIENCE POLLUTION REDUCTIONS AT RATES COMMENSU- RATE WITH POLLUTION REDUCTION IN OTHER COMMUNITIES AS A RESULT OF THE CAP AND INVEST PROGRAM, AND ARE NOT DISPROPORTIONATELY NEGATIVELY AFFECTED AS A RESULT OF THE CAP AND INVEST PROGRAM IN COMPLIANCE WITH PARAGRAPH C OF SUBDIVISION THREE OF SECTION 75-0109 OF THIS ARTICLE, TAKING INTO ACCOUNT THE CHARACTERISTICS OF SUCH COMMUNITIES AND SUCH SOURCES. THE DEPARTMENT MAY REQUIRE ADDITIONAL ALLOWANCES FOR SOURCES S. 4008--B 113 LOCATED IN, OR CONTRIBUTING TO POLLUTION BURDEN IN, A DISADVANTAGED COMMUNITY, THAN WOULD OTHERWISE BE REQUIRED UNDER THE CAP AND INVEST PROGRAM. F. THE DEPARTMENT SHALL PROVIDE FOR APPROPRIATE MECHANISMS TO ADDRESS COVERED SOURCES FOR WHICH REGULATION UNDER THE CAP AND INVEST PROGRAM IS PREEMPTED BY FEDERAL LAW. 2. DISTRIBUTION TO THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT. THE DEPARTMENT SHALL TRANSFER ALL ALLOWANCES, AS CREATED AND ISSUED BY THE DEPARTMENT PURSUANT TO THE CAP AND INVEST PROGRAM, TO THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT FOR AUCTION, SALE OR DIRECT ALLOCATION THER- EOF IN THE MANNER SET FORTH IN THIS ARTICLE AND IN SUBDIVISION TWENTY- FIVE OF SECTION EIGHTEEN FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW. 3. ENERGY-INTENSIVE AND TRADE-EXPOSED FACILITIES. A. THE DEPARTMENT SHALL ADOPT REGULATIONS THAT ESTABLISH CRITERIA AND METHODS FOR DETER- MINING BOTH ENERGY INTENSITY AND TRADE EXPOSURE FOR THE PURPOSE OF IDEN- TIFYING FACILITIES WHICH MAY BE VULNERABLE WITH RESPECT TO THE CAP AND INVEST PROGRAM SUCH THAT THEY MAY BE DESIGNATED AS EITES IN A MANNER WHICH IS CONSISTENT WITH THE TREATMENT OF EITES IN THE SCOPING PLAN, INCLUDING APPENDIX C THEREOF. THE PROCEEDINGS FOR SUCH REGULATIONS MUST INCLUDE PUBLIC HEARINGS AND OTHER EFFORTS TO PROVIDE MEANINGFUL OPPOR- TUNITIES FOR PUBLIC COMMENT FROM ALL PERSONS WHO WILL BE IMPACTED BY THE PLAN, INCLUDING PERSONS WORKING FOR EITES AND PERSONS LIVING IN DISAD- VANTAGED COMMUNITIES. SUCH REGULATIONS SHALL BE DEVELOPED IN COMPLIANCE WITH SUBPARAGRAPHS (I) THROUGH (IV) OF PARAGRAPH B OF THIS SUBDIVISION. B. SUCH REGULATIONS SHALL: (I) IDENTIFY A PROCEDURE FOR SUCH FACILITIES TO DEMONSTRATE THAT THEY ARE USING THE BEST AVAILABLE TECHNOLOGIES; (II) CONSIDER HOW PROGRAM DESIGN CAN FURTHER MITIGATE THE COST OF REDUCING EMISSIONS FOR SUCH FACILITIES WHILE PROVIDING AN INCENTIVE TO IMPROVE EFFICIENCY AND REDUCE EMISSIONS; (III) INCORPORATE CO-POLLUTANT REDUCTION MEASURES OR MITIGATION REQUIREMENTS FOR SUCH FACILITIES LOCATED IN OR CONTRIBUTING TO A CO-POL- LUTANT POLLUTION BURDEN IN DISADVANTAGED COMMUNITIES; AND (IV) PROVIDE FOR AN APPLICATION PROCESS FOR A FACILITY TO BE SO DESIG- NATED, WHICH SUCH APPLICATION SHALL INCLUDE: A. SUCH INFORMATION AS THE DEPARTMENT MAY REQUEST TO ESTABLISH WHETHER THE FACILITY SATISFIES THE ENERGY INTENSITY AND TRADE EXPOSURE CRITERIA; B. A DESCRIPTION OF THE EXPECTED IMPACT OF THE CAP AND INVEST PROGRAM ON THE FACILITY; C. THE FACILITY'S PLANS TO REDUCE EMISSIONS OF GREENHOUSE GASES AND CO-POLLUTANTS; AND D. CONTRACTUAL COMMITMENT ON THE PART OF THE EITE TO AVOID LEAKAGE AND CONTINUE TO MEET SUCH ECONOMIC DEVELOPMENT OR ECONOMIC MAINTENANCE REQUIREMENTS AS DETERMINED APPROPRIATE BY THE DEPARTMENT, IN CONSULTA- TION WITH THE AUTHORITY AND THE DEPARTMENT OF ECONOMIC DEVELOPMENT. C. UPON A SHOWING BY AN EITE SATISFACTORY TO THE DEPARTMENT THAT THE EITE WILL BE SIGNIFICANTLY NEGATIVELY IMPACTED BY COMPLIANCE WITH THE CAP AND INVEST PROGRAM SO AS TO RESULT IN LEAKAGE, THE DEPARTMENT AND THE AUTHORITY MAY, IN A MANNER NOT INCONSISTENT WITH ANY OTHER PROVISION OF THIS ARTICLE OR THE SCOPING PLAN, PROVIDE FOR ALLOWANCES TO INITIALLY BE ISSUED TO ELIGIBLE EITES AT REDUCED COST. THE AMOUNT OF SUCH REDUCED COST SHALL BE THAT AMOUNT WHICH IS NECESSARY TO PREVENT LEAKAGE WITH RESPECT TO THE FACILITY, AS DETERMINED BY THE DEPARTMENT, IN CONSULTA- TION WITH THE AUTHORITY AND THE DEPARTMENT OF ECONOMIC DEVELOPMENT, ASSUMING THE EITE EMPLOYS BEST AVAILABLE TECHNOLOGY. FOR THE FIRST COMPLIANCE PERIOD, ANY ALLOWANCES ISSUED TO AN EITE AT REDUCED COST S. 4008--B 114 SHALL NOT REPRESENT MORE THAN THE MINIMUM AMOUNT OF ALLOWANCES NECESSARY TO AUTHORIZE THE EITE TO EMIT AN AMOUNT OF CARBON DIOXIDE EQUIVALENT EMISSIONS EQUAL TO THE EITE'S AVERAGE ANNUAL CARBON DIOXIDE EQUIVALENT EMISSIONS FOR THE YEARS TWO THOUSAND TWENTY-TWO, TWO THOUSAND TWENTY- THREE, AND TWO THOUSAND TWENTY-FOUR, AS DETERMINED BY THE DEPARTMENT, ADJUSTED DOWNWARD AS NECESSARY TO AN AMOUNT WHICH ACCOUNTS FOR THE REQUIREMENT THAT THE EITE EMPLOYS BEST AVAILABLE TECHNOLOGY TO REDUCE ITS EMISSIONS. IN SUBSEQUENT COMPLIANCE PERIODS, ANY ALLOCATION TO EITES OF ALLOWANCES AT REDUCED COST SHALL DECLINE IN PROPORTION TO THE REDUCTION IN TOTAL AVAILABLE ALLOWANCES FOR SUCH COMPLIANCE PERIOD IN ACCORDANCE WITH THE CAP FOR SUCH COMPLIANCE PERIOD. IN NO EVENT SHALL AN EITE BE ISSUED AN ALLOWANCE AT REDUCED COST FOR AN AMOUNT WHICH IS LESS THAN THE AMOUNT PAID BY THE EITE FOR A REDUCED COST ALLOWANCE IN THE PREVIOUS COMPLIANCE PERIOD. D. IN NO EVENT SHALL EITES RECEIVE ALLOWANCES AT REDUCED COST AFTER THE TENTH COMPLIANCE PERIOD. THE DEPARTMENT SHALL CEASE THE ISSUANCE OF ALLOWANCES TO EITES AT REDUCED COST IF IT DETERMINES THAT: (I) ISSUANCE OF ALLOWANCES AT REDUCED COST TO AN EITE IS NO LONGER NECESSARY TO LIMIT LEAKAGE; (II) THE EITE IS NOT EMPLOYING BEST AVAILABLE TECHNOLOGY; (III) THE EITE IS LOCATED WITHIN A DISADVANTAGED COMMUNITY, OR CONTRIBUTES TO THE POLLUTION BURDEN OF DISADVANTAGED COMMUNITY, AND THE EITE'S CO-POLLUTANT EMISSIONS HAVE INCREASED RELATIVE TO THE PREVIOUS COMPLIANCE PERIOD; (IV) THE EITE NO LONGER QUALIFIES AS AN EITE; OR (V) THE EITE MADE MATERIAL MISSTATEMENTS ON ITS APPLICATION, OR MATE- RIALLY VIOLATED (A) THE TERMS OF ANY APPROVAL OF SUCH APPLICATION, (B) ANY AGREEMENT IN RESPECT THEREOF OR (C) ANY LAW, RULE, OR REGULATION ADOPTED PURSUANT TO THIS ARTICLE OR ARTICLE NINETEEN OF THIS CHAPTER, INCLUDING WITHOUT LIMITATION THE INDIVIDUAL SOURCE EMISSIONS LIMITS SET PURSUANT TO PARAGRAPH E OF SUBDIVISION ONE OF THIS SECTION. E. IF THE ACTUAL GREENHOUSE GAS EQUIVALENT EMISSIONS OF AN EITE EXCEED THE ALLOWANCES ISSUED TO AN EITE AT REDUCED COST FOR THAT COMPLIANCE PERIOD, SUCH EITE MUST ACQUIRE ADDITIONAL ALLOWANCES AND SUBMIT SUCH ALLOWANCES AS NECESSARY TO SATISFY ITS COMPLIANCE OBLIGATION DURING SUCH COMPLIANCE PERIOD. F. IF THE DEPARTMENT ISSUES ALLOWANCES TO EITES AT REDUCED COST, THE DEPARTMENT SHALL: (I) CONDUCT REGULAR AUDITS OF SUCH EITES TO DETERMINE WHETHER SUCH EITES CONTINUE TO QUALIFY AS EITES FOR PURPOSES OF RECEIVING FREE ALLOW- ANCES UNDER THIS SUBDIVISION; AND (II) REGULARLY REVIEW THE NEED TO ISSUE ALLOWANCES TO EITES AT REDUCED COST. G. THE DEPARTMENT SHALL CREATE A PUBLIC DATABASE ONLINE AND REPORT TO THE GOVERNOR AND THE LEGISLATURE, ON THE EMISSIONS AND LOCATION OF ANY EITE. H. NOTWITHSTANDING ANYTHING IN THIS SUBDIVISION TO THE CONTRARY, THE TOTAL NUMBER OF ALLOWANCES ISSUED AT REDUCED COST FOR A COMPLIANCE PERI- OD SHALL NOT EXCEED FIFTEEN PERCENT OF THE ALLOWANCES FOR SUCH COMPLI- ANCE PERIOD. TO THE EXTENT THIS PARAGRAPH LIMITS THE NUMBER OF REDUCED COST ALLOWANCES OTHERWISE ALLOCATED TO EITES PURSUANT TO THIS SUBDIVI- SION, ALLOCATIONS OF REDUCED COST ALLOWANCES SHALL BE REDUCED AS NECES- SARY IN A MANNER TO BE DETERMINED APPROPRIATE BY THE DEPARTMENT, IN CONSULTATION WITH THE AUTHORITY. 4. AUCTION OR SALE OF ALLOWANCES. A. THE DEPARTMENT SHALL PROVIDE SUPPORT TO THE AUTHORITY FOR THE AUCTION OR SALE OF ALLOWANCES PURSUANT S. 4008--B 115 TO SUBDIVISION TWENTY-FIVE OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW. B. THE DEPARTMENT, IN CONSULTATION WITH THE AUTHORITY, SHALL ADOPT SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY TO GOVERN THE AUCTION OR SALE, AND MAY ENTER INTO SUCH CONTRACTS AS MAY BE NECESSARY OR CONVENIENT FOR SUCH PURPOSE. C. THE DEPARTMENT SHALL, IN COORDINATION WITH THE AUTHORITY, ADOPT REGULATIONS TO PROTECT CONFIDENTIALITY AND TO GUARD AGAINST BIDDER COLLUSION AND MINIMIZE THE POTENTIAL FOR MARKET MANIPULATION. 5. ALLOWANCE RESERVE. THE DEPARTMENT MAY RESERVE A SMALL PORTION OF ALLOWANCES UNDER THE CAP FOR PURPOSES OF MARKET STABILITY AND TO INCEN- TIVIZE ADDITIONAL EMISSIONS REDUCTIONS SO LONG AS SUCH ALLOWANCES ARE NOT IN ADDITION TO THE TOTAL ALLOWANCES UNDER THE CAP. SUCH ALLOWANCES MAY BE TRANSFERRED TO THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT UPON NOTICE TO THE DEPARTMENT BY THE AUTHORITY AT SUCH TIMES AS DEEMED NECESSARY BY THE AUTHORITY. SUCH RESERVE ALLOWANCES MAY BE AUCTIONED OR SOLD IN A MANNER AND AT A TIME DETERMINED APPROPRIATE BY THE AUTHORITY. SUCH RESERVE ALLOWANCES SHALL BE AUCTIONED OR SOLD FOR A PRICE WHICH IS EQUAL TO OR GREATER THAN THE MAXIMUM ALLOWANCE PRICE PROVIDED FOR IN SUBDIVISION TWO OF SECTION 75-0125 OF THIS ARTICLE. § 75-0123. USE OF ALLOWANCES. 1. ALLOWANCES MUST BE SUBMITTED TO THE DEPARTMENT FOR THE FULL AMOUNT OF GREENHOUSE GAS EMISSIONS EMITTED DURING SUCH COMPLIANCE PERIOD. IF GREENHOUSE GAS EMISSIONS EXCEED ALLOWANCES SUBMITTED FOR THE COMPLIANCE PERIOD, SUCH SHORTFALL SHALL BE PENALIZED PURSUANT TO SECTION 75-0129 OF THIS ARTICLE. 2. ANY ALLOWANCES NOT SUBMITTED AT THE END OF THE COMPLIANCE PERIOD IN WHICH THEY ARE ISSUED BY THE AUTHORITY SHALL AUTOMATICALLY EXPIRE ONE HUNDRED EIGHTY DAYS AFTER THE END SUCH COMPLIANCE PERIOD IF NOT SUBMIT- TED PRIOR TO SUCH DATE. 3. ALLOWANCES SHALL NOT BE TRADABLE, SALEABLE, EXCHANGEABLE OR OTHER- WISE TRANSFERABLE. § 75-0125. PRICE OF ALLOWANCES. 1. PRICE FLOOR. IN CONSULTATION WITH THE AUTHORITY, THE DEPARTMENT SHALL ESTABLISH BY REGULATION A MINIMUM ALLOWANCE PRICE FOR EACH COMPLIANCE PERIOD AND A SCHEDULE FOR THE AMOUNT BY WHICH THE MINIMUM ALLOWANCE PRICE SHALL INCREASE EVERY YEAR. EXCEPT WITH RESPECT TO ALLOWANCES PROVIDED AT REDUCED COST TO EITES IN COMPLIANCE WITH SUBDIVI- SION THREE OF SECTION 75-0121 OF THIS ARTICLE, ALLOWANCES SHALL NOT BE SOLD OR AUCTIONED AT AN AMOUNT LOWER THAN SUCH MINIMUM ALLOWANCE PRICE FOR THE APPLICABLE COMPLIANCE PERIOD. 2. PRICE CEILING. IN CONSULTATION WITH THE AUTHORITY, THE DEPARTMENT SHALL DETERMINE AND ESTABLISH A MAXIMUM ALLOWANCE PRICE FOR EACH COMPLIANCE PERIOD AND A SCHEDULE FOR THE MAXIMUM PRICE TO INCREASE BY A PREDETERMINED AMOUNT EVERY YEAR AT A RATE WHICH IS GREATER THAN OR EQUAL TO THE RATE OF INCREASE OF THE PRICE FLOOR SET BY THE PRICE FLOOR INCREASE SCHEDULE PURSUANT TO SUBDIVISION ONE OF THIS SECTION. THE PRICE CEILING SCHEDULE MUST BE SET AT A LEVEL SUFFICIENT TO INCENTIVIZE INVESTMENTS TO ACHIEVE FURTHER GREENHOUSE GAS EMISSION REDUCTIONS BEYOND THOSE ENABLED BY THE PRICE CEILING FOR A GIVEN COMPLIANCE PERIOD. EXCEPT AS SET FORTH IN SUBDIVISION FIVE OF SECTION 75-0121 OF THIS ARTI- CLE, THE DEPARTMENT SHALL NOT SELL OR AUCTION ALLOWANCES AT AN AMOUNT HIGHER THAN SUCH MAXIMUM PRICE FOR THE APPLICABLE COMPLIANCE PERIOD. 3. PRICE ADJUSTMENTS. IN CONSULTATION WITH THE AUTHORITY, THE DEPART- MENT SHALL INCREASE THE PRICE FLOOR AND PRICE CEILING FOR ANY GIVEN COMPLIANCE PERIOD ABOVE THE SCHEDULES OF PRICE INCREASES SET FORTH IN S. 4008--B 116 SUBDIVISIONS ONE AND TWO OF THIS SECTION IF NECESSARY TO ENSURE ACHIEVE- MENT OF THE EMISSIONS REDUCTIONS NECESSARY TO COMPLY WITH THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS ESTABLISHED BY SECTION 75-0107 OF THIS ARTICLE. THE DEPARTMENT SHALL ASSESS WHETHER SUCH INCREASES ARE NECES- SARY ON AT LEAST AN ANNUAL BASIS, AND IN DOING SO SHALL CONSIDER ACTUAL EMISSIONS REDUCTIONS, PROGRESS TOWARDS ACHIEVING THE STATEWIDE GREEN- HOUSE GAS EMISSIONS LIMITS ESTABLISHED BY SECTION 75-0107 OF THIS ARTI- CLE, AND PERFORMANCE WITH RESPECT TO THE STATEWIDE GREENHOUSE GAS EMIS- SIONS LIMITS ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF SECTION 75-0109 OF THIS ARTICLE. 4. PRICING CONSIDERATIONS. A. THE DEPARTMENT SHALL MAKE ALL DETERMI- NATIONS UNDER THIS SECTION WITH REFERENCE TO (I) THE NEED FOR CERTAINTY IN ACHIEVING THE EMISSIONS REDUCTION REQUIREMENTS SET FORTH IN SECTION 75-0107 AND THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS ESTABLISHED PURSUANT TO SECTION 75-0109 OF THIS ARTICLE, (II) THE SOCIAL COST OF CARBON AS DETERMINED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE, (III) OTHER GREENHOUSE GAS PRICING PROGRAMS THROUGHOUT THE WORLD, AND THE SUCCESSES AND FAILURES OF SUCH PROGRAMS WITH RESPECT TO PRICING OF ALLOWANCE, (IV) THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT DEVELOPED PURSUANT TO SECTION 75-0105 OF THIS ARTICLE, (V) COST-OF-LIVING INFLATION WITH REFERENCE TO THE UNITED STATES BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX OR, IF THAT INDEX IS NOT AVAILABLE, ANOTHER APPRO- PRIATE INDEX ADOPTED BY THE DEPARTMENT AND (VI) SUCH OTHER INFORMATION AS MAY BE NECESSARY OR CONVENIENT TO COMPLY WITH THIS SECTION. B. THE DEPARTMENT AND THE AUTHORITY MAY SEEK AND OBTAIN SUCH INFORMA- TION AS MAY BE NECESSARY OR CONVENIENT FOR THE DETERMINATION OF THE PRICE FROM OTHER STATE OR FEDERAL AGENCIES OR THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR. § 75-0127. LINKAGE WITH OTHER JURISDICTIONS. 1. THE DEPARTMENT SHALL DETERMINE AN EQUITABLE AND EFFICIENT MANNER TO LINK THE CAP AND INVEST PROGRAM WITH THE REGIONAL GREENHOUSE GAS INITI- ATIVE. SUCH LINKAGE SHALL PROVIDE THAT ANY SOURCE SUBJECT TO THE REGIONAL GREENHOUSE GAS INITIATIVE AND THE CAP AND INVEST PROGRAM SHALL RECEIVE INTERJURISDICTIONAL CREDIT FOR GREENHOUSE GAS EMISSIONS REDUCTIONS AND AMOUNTS PAID FOR ALLOWANCES ACQUIRED UNDER THE RESPECTIVE PROGRAMS THROUGH A REDUCTION IN THE PRICE OF AN ALLOWANCE EQUIVALENT TO THE AMOUNT PAID FOR AN ALLOWANCE FOR AN EQUIVALENT AMOUNT OF EMISSIONS IN THE OTHER JURISDICTION. IN DETERMINING SUCH REDUCTION IN PRICE, THE DEPARTMENT SHALL EVALUATE THE RELATIVE COST OF ALLOWANCES WITH RESPECT TO EMISSIONS COVERED BY THE REGIONAL GREENHOUSE GAS INITIATIVE AS COMPARED TO THE CAP AND INVEST PROGRAM, AND MAKE SUCH DETERMINATION IN A MANNER THAT RESULTS IN AN EQUAL TREATMENT OF THE COST OF ALLOWANCES RELATIVE TO COVERED SOURCES WHICH ARE NOT SUBJECT TO THE REGIONAL GREEN- HOUSE GAS INITIATIVE. NO SOURCE OTHERWISE SUBJECT TO THE CAP AND INVEST PROGRAM SHALL BE EXCLUDED FROM THE CAP AND INVEST PROGRAM BECAUSE IT IS SUBJECT TO THE REGIONAL GREENHOUSE GAS INITIATIVE. 2. THE DEPARTMENT MAY LINK THE CAP AND INVEST PROGRAM WITH ONE OR MORE SIMILAR PROGRAMS IN JURISDICTIONS OTHER THAN THE REGIONAL GREENHOUSE GAS INITIATIVE IF IT DETERMINES THAT: A. SUCH LINKAGE WILL RESULT IN CAP AND INVEST PROGRAM MARKET BENEFITS, REDUCE COSTS, AND RESULT IN ECONOMIC BENEFITS TO THE PEOPLE OF THE STATE; AND B. THE DEPARTMENT HAS: (I) AT LEAST SIX MONTHS PRIOR TO ANY SUCH LINKAGE, RELEASED A PLAN FOR ANY PROPOSED LINKAGE WHICH INCLUDES (A) A DETAILED EXPLANATION OF THE DEPARTMENT'S DETERMINATIONS WITH RESPECT TO PARAGRAPH A OF THIS SUBDIVI- S. 4008--B 117 SION AND PARAGRAPHS A, B, AND C OF SUBDIVISION THREE OF THIS SECTION, AND (B) PROCESSES FOR REGULAR REVIEW AND AUDIT OF SUCH LINKAGE, (II) SOLICITED PUBLIC COMMENT ON SUCH PLAN AND PROVIDED AT LEAST THIR- TY DAYS FOR SUCH PUBLIC COMMENT, AND (III) CONSIDERED SUCH PUBLIC COMMENT AND, IF APPROPRIATE, UPDATED THE PLAN IN RESPONSE TO SUCH PUBLIC COMMENT. 3. ANY LINKAGE SHALL PROVIDE ASSURANCE THAT: A. IT DOES NOT COMPROMISE, LIMIT, OR IMPINGE UPON THE STATE'S PROGRESS, ABILITY, OR LIKELIHOOD OF MEETING OR EXCEEDING THE REQUIRE- MENTS OF THIS ARTICLE; B. THAT CREDIT FOR GREENHOUSE GAS EMISSIONS REDUCTIONS UNDER ONE PROGRAM SHALL NOT REDUCE COMPLIANCE OBLIGATIONS IN THE OTHER JURISDIC- TIONAL PROGRAM MORE THAN AN EQUIVALENT AMOUNT OF GREENHOUSE GAS EMIS- SIONS REDUCTIONS IN SUCH PROGRAM; AND C. SUCH LINKAGE WILL NOT RESULT IN INCREASED CO-POLLUTANT EMISSIONS IN DISADVANTAGED COMMUNITIES. 4. IF THE DEPARTMENT DETERMINES THAT LINKAGE WITH ANOTHER SIMILAR PROGRAM MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION NO LONGER MEETS THE REQUIREMENTS SET FORTH IN PARAGRAPH A OF SUCH SUBDIVISION AND PARA- GRAPHS A, B, AND C OF SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT SHALL TAKE IMMEDIATE ACTION TO ENSURE COMPLIANCE WITH SUCH PARAGRAPHS, AND IF COMPLIANCE IS NOT ACHIEVED WITHIN ONE YEAR OF WHEN SUCH DETERMI- NATION OF NON-COMPLIANCE IS MADE, THE DEPARTMENT SHALL DISCONTINUE SUCH LINKAGE WITHIN ONE HUNDRED EIGHTY DAYS THEREAFTER. 5. ANY LINKAGE SHALL REQUIRE APPROVAL OF THE LEGISLATURE. § 75-0129. ENFORCEMENT; PENALTIES. 1. ALL COVERED ENTITIES ARE REQUIRED TO SUBMIT ALLOWANCES IN A TIMELY MANNER TO SATISFY COMPLIANCE OBLIGATIONS AND SHALL COMPLY WITH ALL REQUIREMENTS FOR MONITORING, REPORTING, HOLDING, AND TRANSFERRING EMIS- SION ALLOWANCES AND OTHER PROVISIONS OF THIS CHAPTER. 2. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, ANY PERSON THAT VIOLATES THE PROVISIONS OF THIS ARTICLE OR AN ORDER ISSUED UNDER THIS ARTICLE SHALL INCUR A PENALTY OF UP TO TWELVE THOUSAND FIVE HUNDRED DOLLARS PER DAY FOR EACH DAY SUCH VIOLATION SHALL CONTINUE. ALL PENAL- TIES UNDER THIS SUBDIVISION MUST BE DEPOSITED INTO THE CLIMATE AND COMMUNITY PROTECTION FUND. 3. ORDERS AND PENALTIES ISSUED UNDER THIS CHAPTER ARE APPEALABLE IN ACCORDANCE WITH THE PROCEDURES OF ARTICLE SEVENTY-ONE OF THIS CHAPTER. 4. ANY ELECTRIC CORPORATION, GAS CORPORATION, OR COMBINATION GAS AND ELECTRIC CORPORATION AS SUCH TERMS ARE DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW WHICH PAYS A MONETARY PENALTY UNDER THIS SECTION MUST NOTIFY ITS CUSTOMERS IN PUBLISHED FORM WITHIN THREE MONTHS OF PAYING SUCH MONETARY PENALTY. 5. THE DEPARTMENT MAY ISSUE ADDITIONAL FINES FOR VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE. IN THE EVENT OF MULTIPLE VIOLATIONS, EACH VIOLATION SHALL BE CONSIDERED A SEPARATE OFFENSE. § 7. Section 1854 of the public authorities law is amended by adding five new subdivisions 24, 25, 26, 27 and 28 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- S. 4008--B 118 FORCE DEVELOPMENT; OR MEASURES IDENTIFIED IN THE STATE ENERGY PLAN DEVELOPED PURSUANT TO ARTICLE SIX OF THE ENERGY LAW. 25. TO ESTABLISH, ADMINISTER, IMPLEMENT, AND SUPPORT THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT AS DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, CONSISTENT WITH ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW, AND PURSUANT TO REGULATIONS ADOPTED PURSUANT TO SUCH ARTICLE AND OTHER EXISTING AUTHORITY, INCLUDING BY MAKING ALLOWANCES AVAILABLE FROM SUCH ACCOUNT FOR AUCTION OR SALE PURSU- ANT TO THE CAP AND INVEST PROGRAM, AS SUCH TERMS ARE DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. SUCH AUCTION OR SALE SHALL BE CONDUCTED ON A QUARTERLY BASIS AND IN A MANNER THAT, SUBJECT TO THE OTHER REQUIREMENTS OF ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW AND REGULATIONS ADOPTED PURSUANT THERETO, IS EFFICIENT, TRANSPARENT, AND PROVIDES CERTAINTY FOR PARTICIPANTS TO THE EXTENT PRAC- TICABLE, PROVIDED THAT WITH RESPECT TO RESERVE ALLOWANCES AS DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, AUCTIONS NEED NOT BE QUARTERLY. THE AUTHORITY SHALL ESTABLISH PROCEDURES TO GUARD AGAINST THE POTENTIAL FOR MARKET MANIPULATION INCLUDING BUT NOT LIMITED TO BIDDER COLLUSION OR OTHER IMPROPER RELEASE OR DISCLOSURE OF ANY BIDDING INFORMATION. A VIOLATION OF RULES WITH RESPECT TO MARKET MANIPULATION SHALL BE SUBJECT TO A CIVIL PENALTY OF SIXTY THOUSAND DOLLARS PER VIOLATION FOR A FIRST VIOLATION, AND ONE HUNDRED TWENTY THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION, AND ANY APPLICABLE CRIMINAL PENALTIES. THE AUTHORITY SHALL DEVELOP RULES AND PROCEDURES IN RESPECT OF ALL SUCH REQUIREMENTS. THE PROCEEDS FROM THE AUCTION OR SALE OF ALLOWANCES AND ANY PENALTIES 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 AUTHORITY FUNDS. EXCEPT AS OTHERWISE SET FORTH IN THIS TITLE, THE AUTHORITY MAY USE A PORTION OF SUCH PROCEEDS FOR ADMINISTRATIVE COSTS, AUCTION OR SALE, DESIGN AND SUPPORT COSTS, AND PROGRAM DESIGN, IMPLEMENTATION, EVALU- ATION, AND SUPPORT COSTS DIRECTLY RELATED TO IMPLEMENTING THE CAP AND INVEST PROGRAM, PROVIDED THAT SUCH AMOUNTS SHALL NOT EXCEED THE GREATER OF TEN MILLION DOLLARS OR ONE PERCENT OF SUCH AGGREGATE ANNUAL PROCEEDS. 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 SUBDIVISION TWO OF SECTION 75-0121 OF THE ENVIRONMENTAL CONSERVATION LAW AND REGULATIONS ADOPTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW AND OTHER EXISTING AUTHORITY, THE AUTHORITY SHALL TRANSFER SUCH FUNDS FROM SUCH SEGREGATED AUTHORITY FUNDING ACCOUNT TO THE CLIMATE AND COMMUNITY PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-QQ OF THE STATE FINANCE LAW. 27. WITHIN SIXTY DAYS FOLLOWING THE DEPOSIT OF PROCEEDS COLLECTED FROM THE AUCTION OR SALE OF ALLOWANCES AS OUTLINED IN SUBDIVISION TWENTY-SIX OF THIS SECTION, THE AUTHORITY SHALL ISSUE TO THE GOVERNOR AND THE LEGISLATURE, AND POST ON ITS WEBSITE, A DETAILED REPORT WHICH SHALL INCLUDE, BUT IS NOT LIMITED TO, THE AMOUNT OF REVENUE GENERATED BY THE AUCTION OR SALE OF ALLOWANCES UNDER SUBDIVISION TWENTY-FIVE OF THIS SECTION, THE NUMBER OF ENTITIES THAT PURCHASED ALLOWANCES, THE NUMBER OF ENTITIES THAT RECEIVED REDUCED COST ALLOWANCES, THE NUMBER OF ALLOWANCES SOLD AT REDUCED COST, AND THE AMOUNTS PAID FOR REDUCED COST ALLOWANCES. 28. THE AUTHORITY SHALL ANNUALLY ISSUE TO THE GOVERNOR AND THE LEGIS- LATURE, AND POST ON ITS WEBSITE, BEGINNING THE NEXT FISCAL YEAR SUCCEED- ING THE FIRST ALLOCATION OF FUNDS FROM THE CLIMATE AND COMMUNITY S. 4008--B 119 PROTECTION FUND, A REPORT DETAILING THE USE OF SUCH FUNDS, INCLUDING INFORMATION REGARDING THE PROGRAMS TO WHICH SUCH FUNDS ARE APPROPRIATED, INFORMATION REGARDING RECIPIENTS OF FUNDS PURSUANT TO SUCH PROGRAMS, AND INFORMATION REGARDING OUTCOMES OF SUCH PROGRAMMATIC SPENDING. § 8. Intentionally omitted. § 9. Subdivision 2 of section 75-0119 of the environmental conserva- tion law is amended by adding a new paragraph k to read as follows: K. IN PARTICIPATION WITH THE COMMISSIONER OF LABOR, AN ASSESSMENT OF STANDARDS BEING IMPLEMENTED AS A RESULT OF REQUIREMENTS SET FORTH IN ARTICLE EIGHT-B OF THE LABOR LAW. § 10. The labor law is amended by adding a new article 8-B to read as follows: ARTICLE 8-B CLEAN ENERGY AND ENERGY EFFICIENCY LABOR AND WORKFORCE DEVELOPMENT STANDARDS SECTION 228. LABOR AND JOB STANDARDS AND WORKER PROTECTION. § 228. LABOR AND JOB STANDARDS AND WORKER PROTECTION. 1. ALL PUBLIC ENTITIES INVOLVED IN IMPLEMENTING PROJECTS FUNDED FROM THE CLIMATE AND COMMUNITY PROTECTION FUND SHALL ASSESS AND IMPLEMENT STRATEGIES TO INCREASE EMPLOYMENT OPPORTUNITIES AND IMPROVE JOB QUALITY. WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE EXECUTIVE SHALL PUBLISH A REPORT, ACCESSIBLE ON THE STATE'S WEBSITE, WHICH PROVIDES: A. STEPS THAT WILL BE TAKEN TO ENSURE COMPLIANCE WITH THIS SECTION, INCLUDING THE DEPARTMENT OR OFFICE, OR COMBINATION THEREOF, CHARGED WITH IMPLEMENTATION; B. REGULATIONS NECESSARY TO ENSURE THE PRIORITIZATION OF THE STATEWIDE GOAL OF CREATING GOOD JOBS AND INCREASING EMPLOYMENT OPPORTUNITIES; AND C. STEPS THAT WILL BE TAKEN WITH ALL PUBLIC ENTITIES, INCLUDING LOCAL AND COUNTY LEVEL GOVERNMENTS TO IMPLEMENT A SYSTEM TO TRACK COMPLIANCE, ACCEPT REPORTS OF NON-COMPLIANCE FOR ENFORCEMENT ACTION, AND REPORT ANNUALLY ON THE ADOPTION OF THESE STANDARDS TO THE LEGISLATURE STARTING ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION. 2. FOR PURPOSES OF THIS SECTION "PUBLIC FUNDS" SHALL MEAN: A. THE PAYMENT OF MONEY, BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF OF AND FOR THE BENEFIT OF A PUBLIC ENTITY, DIRECTLY TO OR ON BEHALF OF THE CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER THAT IS NOT SUBJECT TO REPAYMENT; B. THE SAVINGS ACHIEVED FROM FEES, RENTS, INTEREST RATES, OR OTHER LOAN COSTS, OR INSURANCE COSTS THAT ARE LOWER THAN MARKET RATE COSTS; SAVINGS FROM REDUCED TAXES AS A RESULT OF TAX CREDITS, TAX ABATEMENTS, TAX EXEMPTIONS OR TAX INCREMENT FINANCING; SAVINGS FROM PAYMENTS IN LIEU OF TAXES; AND ANY OTHER SAVINGS FROM REDUCED, WAIVED, OR FORGIVEN COSTS THAT WOULD HAVE OTHERWISE BEEN AT A HIGHER OR MARKET RATE BUT FOR THE INVOLVEMENT OF THE PUBLIC ENTITY; C. MONEY LOANED BY THE PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTIN- GENT BASIS; OR D. CREDITS THAT ARE APPLIED BY THE PUBLIC ENTITY AGAINST REPAYMENT OF OBLIGATIONS TO THE PUBLIC ENTITY. E. IN ADDITION TO ANY FORM OF FUNDING OR FINANCING COVERED BY SECTION TWO HUNDRED TWENTY-FOUR-D OF THIS CHAPTER OR ARTICLE FOUR OF THE PUBLIC SERVICE LAW, ANY OTHER FORM OF FINANCING OR INCENTIVE PROVIDED BY, SECURED BY, OR OTHERWISE FACILITATED BY A PUBLIC ENTITY, INCLUDING BUT NOT LIMITED TO THE NY GREEN BANK. 3. FOR PURPOSES OF THIS SECTION "PUBLIC FUNDS" SHALL NOT MEAN RENEWA- BLE ENERGY CREDITS. S. 4008--B 120 4. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE THE STATE AND ALL OF ITS POLITICAL SUBDIVISIONS, INCLUDING BUT NOT LIMITED TO COUNTIES, MUNICIPALITIES, AGENCIES, AUTHORITIES, PUBLIC BENEFIT CORPORATIONS, PUBLIC TRUSTS, AND LOCAL DEVELOPMENT CORPORATIONS AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTEEN HUNDRED ONE OF THE PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT- FOR-PROFIT CORPORATION LAW, A MUNICIPAL CORPORATION AS DEFINED IN SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN INDUS- TRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE, LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED BY ANY SUCH ENTITIES. 5. IN CONSIDERING AND ISSUING PERMITS, LICENSES, REGULATIONS, CONTRACTS AND OTHER ADMINISTRATIVE APPROVALS AND DECISIONS NECESSARY FOR IMPLEMENTATION OF PROJECTS FROM THE CLIMATE AND COMMUNITY PROTECTION FUND, ALL PUBLIC ENTITIES SHALL APPLY THE FOLLOWING STANDARDS TO ANY PROJECT OR PROGRAM PAID FOR IN WHOLE, OR IN PART, BY PUBLIC FUNDS: A. FOR ANY CONSTRUCTION WORK, THE PAYMENT OF NO LESS THAN PREVAILING WAGES FOR ALL EMPLOYEES OF ANY CONTRACTORS AND SUBCONTRACTORS, CONSIST- ENT WITH SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO HUNDRED TWENTY-B, TWO HUNDRED TWENTY-I, TWO HUNDRED TWENTY-THREE, AND TWO HUNDRED TWENTY-FOUR-B OF THIS CHAPTER, AND BUILDING SERVICES, CONSISTENT WITH ARTICLE NINE OF THIS CHAPTER; WHERE A RECIPIENT OF FINANCIAL ASSISTANCE CONTRACTS BUILDING SERVICE WORK OR OPERATIONS AND MAINTENANCE WORK TO A BUILDING SERVICE CONTRACTOR, THE CONTRACTOR IS HELD TO THE SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS THE RECIPIENT. THE RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS OBLIGATION WITHIN ANY CONTRACT SIGNED WITH A CONTRACTOR. B. (I) ANY PUBLIC ENTITY RECEIVING AT LEAST FIVE MILLION DOLLARS ($5,000,000) FROM FUNDS ALLOCATED PURSUANT TO THE CLIMATE AND COMMUNITY PROTECTION FUND FOR A PROJECT WHICH INVOLVES THE CONSTRUCTION, RECON- STRUCTION, ALTERATION, MAINTENANCE, MOVING, DEMOLITION, EXCAVATION, DEVELOPMENT OR OTHER IMPROVEMENT OF ANY BUILDING, STRUCTURE OR LAND, SHALL BE SUBJECT TO SECTION TWO HUNDRED TWENTY-TWO OF THIS CHAPTER. (II) ANY PRIVATELY OWNED PROJECT RECEIVING FUNDS ALLOCATED PURSUANT TO THE CLIMATE AND COMMUNITY PROTECTION FUND WHICH UTILIZES A PROJECT LABOR AGREEMENT ON SUCH PROJECT SHALL NOT BE SUBJECT TO ARTICLE EIGHT OF THIS CHAPTER. C. THE INCLUSION OF CONTRACT LANGUAGE REQUIRING CONTRACTORS TO ESTAB- LISH LABOR HARMONY POLICIES. THE PUBLIC ENTITY MAY REQUIRE A PRIVATE OWNER, OR A THIRD PARTY ACTING ON SUCH OWNER'S BEHALF, AS A CONDITION OF RECEIVING PUBLIC FUNDS, TO STIPULATE TO THE PUBLIC ENTITY THAT IT WILL ENTER INTO A LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR ORGANIZATION EITHER WHERE SUCH BONA FIDE LABOR ORGANIZATION IS ACTIVELY REPRESENTING EMPLOYEES IN SUCH JOB-TYPE OR, UPON NOTICE, BY A BONA FIDE LABOR ORGANIZATION THAT IS ATTEMPTING TO REPRESENT EMPLOYEES IN SUCH JOB-TYPE. FOR PURPOSES OF THIS SECTION "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY INTERESTS BY PROHIBITING LABOR ORGAN- IZATIONS AND MEMBERS FROM ENGAGING IN WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE WITH THE RELEVANT PROJECT OR PROGRAM. D. (I) THE INCLUSION OF CONTRACT LANGUAGE WITH A PROVISION THAT THE IRON, STEEL, ALUMINUM, GLASS, COPPER, MANUFACTURED PRODUCTS, AND CONSTRUCTION PRODUCTS, INCLUDING WITHOUT LIMITATION, VEHICLES, OMNIBUS- S. 4008--B 121 ES, SCHOOL BUSES, TRUCKS, CONSTRUCTION EQUIPMENT, EARTH MOVING EQUIP- MENT, CRANES, DRILLING EQUIPMENT, ROLLING STOCK, TRAIN CONTROL EQUIP- MENT, COMMUNICATION EQUIPMENT, TRACTION POWER EQUIPMENT, ROLLING STOCK PROTOTYPES, ROLLING STOCK FRAMES, ROLLING STOCK CAR SHELLS, BATTERIES, CHARGING EQUIPMENT, FUEL CELLS, FUELING EQUIPMENT, TURBINES, NACELLES, BLADES, ROTORS, GENERATORS, MOTORS, HUBS, CABLE, CONDUIT, CONTROLLERS, TOWERS, PHOTOVOLTAIC CELLS, SOLAR PANELS, METERS, INVERTERS, PIPE, TUBING, FITTINGS, TANKS, FLANGES, VALVES, CONCRETE, REBAR, BRICK, AGGRE- GATE, CONCRETE BLOCK, CEMENT, TIMBER, LUMBER, TILE, AND DRYWALL USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO, SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF AN IRON, STEEL, OR ALUMINUM PRODUCT, ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT- INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES. (II) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE PRESIDENT AND CEO (IN THIS SECTION REFERRED TO AS "PRESIDENT AND CEO") OF THE NEW YORK ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA) FINDS THAT: (1) APPLYING SUBPARAGRAPH (I) OF THIS PARAGRAPH WOULD BE INCONSISTENT WITH THE PUBLIC INTEREST; (2) PRODUCTS ARE NOT PRODUCED IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATISFACTORY QUALITY; OR (3) INCLUSION OF PRODUCTS PRODUCED IN THE UNITED STATES WILL INCREASE THE COST OF THE OVERALL PROJECT BY MORE THAN TWENTY-FIVE PERCENT. IF THE PRESIDENT AND CEO RECEIVES A REQUEST FOR A WAIVER UNDER THIS SUBDIVISION, THE PRESIDENT AND CEO SHALL MAKE AVAILABLE TO THE PUBLIC ON AN INFORMAL BASIS A COPY OF THE REQUEST AND INFORMATION AVAIL- ABLE TO THE PRESIDENT AND CEO CONCERNING THE REQUEST, AND SHALL ALLOW FOR INFORMAL PUBLIC INPUT ON THE REQUEST FOR AT LEAST FIFTEEN DAYS PRIOR TO MAKING A FINDING BASED ON THE REQUEST. THE PRESIDENT AND CEO SHALL MAKE THE REQUEST AND ACCOMPANYING INFORMATION AVAILABLE BY ELECTRONIC MEANS, INCLUDING ON THE OFFICIAL PUBLIC WEBSITE OF NYSERDA. THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY FOR PRODUCTS PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE. (III) THE HEAD OF THE CONTRACTING PUBLIC ENTITY MAY, AT HIS OR HER SOLE DISCRETION, PROVIDE FOR A SOLICITATION OF A REQUEST FOR PROPOSAL, INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFE- RORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS PARAGRAPH INVOLVING A COMPETITIVE PROCESS IN WHICH THE EVALUATION OF COMPETING BIDS GIVES SIGNIFICANT CONSIDERATION IN THE EVALUATION PROCESS TO THE PROCUREMENT OF EQUIPMENT AND SUPPLIES FROM BUSINESSES LOCATED IN NEW YORK STATE. E. APPRENTICESHIP AND WORKFORCE DEVELOPMENT UTILIZATION: (I) WHEREVER POSSIBLE, CONTRACTORS AND SUBCONTRACTORS SHOULD BE REQUIRED TO PARTIC- IPATE IN APPRENTICESHIP PROGRAMS, REGISTERED IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER, IN THE TRADES IN WHICH THEY ARE PERFORMING WORK; (II) FOR INDUSTRIES WITHOUT APPRENTICESHIP PROGRAMS, THE USE OF WORKFORCE TRAINING, PREFERABLY IN CONJUNCTION WITH A BONA FIDE LABOR ORGANIZATION, SHALL BE REQUIRED; AND (III) ENCOURAGEMENT OF REGISTERED PRE-APPRENTICESHIP DIRECT ENTRY PROGRAMS FOR THE RECRUITMENT OF LOCAL AND/OR DISADVANTAGED WORKERS. F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EXISTING PUBLIC S. 4008--B 122 EMPLOYEES SHALL BE PRESERVED AND PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (I) DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION (INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS) OR RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS; (II) TRANSFER OF EXISTING DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY; OR (III) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY. 6. A. ANY PUBLIC ENTITY REQUESTING BIDS OR AWARDING CONTRACTS FOR RENEWABLE ENERGY PROJECTS, ENERGY EFFICIENCY PROJECTS, OR OTHER PROJECTS FUNDED BY THE CLIMATE AND COMMUNITY PROTECTION FUND, EXCEPT FOR CONSTRUCTION PROJECTS, SHALL REQUIRE ANY APPLICANT, BIDDER, OR RESPONDER TO SUBMIT A NEW YORK JOBS PLAN AS PART OF ITS APPLICATION, BID OR RESPONSE. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE NEW YORK STATE ENERGY AND RESEARCH DEVELOPMENT AUTHORITY (NYSERDA), IN CONSULTA- TION WITH THE DEPARTMENT, SHALL DEVELOP ALL FORMS, PROCEDURES, EVALU- ATION AND SCORING CRITERIA, AND GUIDANCE, NECESSARY FOR THE IMPLEMENTA- TION OF THE NEW YORK JOBS PLAN. TO THE EXTENT FEASIBLE, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND NYSERDA, IN CONSULTATION WITH THE DEPARTMENT, SHALL CONSIDER THE INPUT AND RECOMMENDATIONS OF RELEVANT PUBLIC ENTITIES ON THE DEVELOPMENT OF THE NEW YORK JOBS PLAN. B. THE NEW YORK JOBS PLAN SHALL REQUIRE APPLICANTS, BIDDERS, AND RESPONDERS TO PROVIDE INFORMATION ON JOBS THAT WOULD RESULT FROM BEING AWARDED THE BID OR CONTRACT FOR SUCH PROJECTS. AT A MINIMUM, THIS SHALL INCLUDE THE FOLLOWING INFORMATION FOR NONSUPERVISORY POSITIONS, BROKEN DOWN BY CLASSIFICATION: (I) THE NUMBER OF FULL-TIME NON-TEMPORARY JOBS RETAINED, AND THE NUMBER TO BE CREATED. (II) THE NUMBER OF POSITIONS CLASSIFIED AS EMPLOYEES, AS DEFINED IN SECTION SEVEN HUNDRED FORTY OF THIS CHAPTER, AND POSITIONS CLASSIFIED AS INDEPENDENT CONTRACTORS. (III) THE NUMBER OF JOBS TO BE SPECIFICALLY RESERVED FOR INDIVIDUALS FACING BARRIERS TO EMPLOYMENT AND THE NUMBER TO BE RESERVED FOR INDIVID- UALS FROM DISADVANTAGED COMMUNITIES. (IV) THE MINIMUM WAGES AND FRINGE BENEFITS AMOUNTS TO BE PAID. (V) THE PROPOSED AMOUNTS FOR WORKER TRAINING AND INFORMATION ABOUT ANY EXISTING APPRENTICESHIP PROGRAM REGISTERED WITH THE DEPARTMENT OR A FEDERALLY RECOGNIZED STATE APPRENTICESHIP AGENCY AND THAT COMPLIES WITH THE REQUIREMENTS UNDER PARTS 29 AND 30 OF TITLE 29, CODE OF FEDERAL REGULATIONS. (VI) IN THE EVENT THAT A FEDERAL AUTHORITY SPECIFICALLY AUTHORIZES USE OF A GEOGRAPHIC PREFERENCE OR WHEN COVERED PUBLIC CONTRACTS ARE FUNDED EXCLUSIVELY THROUGH STATE OR LOCAL FUNDS, THE NEW YORK JOBS PLAN SHALL REQUIRE INFORMATION ON THE NUMBER OF LOCAL JOBS TO BE CREATED. C. AWARDING PUBLIC ENTITIES SHALL REQUIRE THE SAME NEW YORK JOBS PLAN INFORMATION TO BE SUBMITTED FROM ALL KNOWN SUBCONTRACTORS AT THE TIME OF THE SOLICITATION OR BID FOR THE PROJECT IS RELEASED. D. NEW YORK JOBS PLAN COMMITMENTS SHALL BE INCLUDED IN THE CONTRACT AWARDED BY THE PUBLIC ENTITY OR ITS CONTRACTORS AS A MATERIAL TERM. E. FOR NON-COMPETITIVE PUBLIC CONTRACTS AWARDED UNDER THIS SECTION, APPLICANTS, BIDDERS, OR RESPONDERS SHALL CREATE A NEW YORK JOBS PLAN AS SET FORTH IN THIS SECTION. FOR COMPETITIVE PUBLIC CONTRACTS, PUBLIC ENTITIES SHALL AWARD CONTRACTS USING A COMPETITIVE BEST-VALUE BID PROCUREMENT PROCESS. THE APPLICANTS, BIDDERS, OR RESPONDERS NEW YORK S. 4008--B 123 JOBS PLAN SHALL BE SCORED AS A PART OF THE OVERALL APPLICATION FOR THE PUBLIC CONTRACT, AWARDING ADDITIONAL CONSIDERATION TO APPLICANTS, BIDDERS, OR RESPONDERS WHO DO ANY OF THE FOLLOWING: (I) HAVE THE GREATEST BENEFICIAL ECONOMIC IMPACT ON THE STATE AND LOCAL ECONOMIES AS A RESULT OF RECEIVING THE PUBLIC CONTRACT, BASED ON THE PRIORITY CRITERIA OUTLINED IN ITS NEW YORK JOBS PLAN. (II) ENHANCE THE STATE'S COMMITMENT TO ENERGY CONSERVATION, POLLUTION AND GREENHOUSE GAS EMISSIONS REDUCTION, AND TRANSPORTATION EFFICIENCY. (III) RETAIN THE GREATEST NUMBER OF FULL-TIME, NON-TEMPORARY EMPLOYEES COMPENSATED AT A WAGE RATE FOR THE PROJECT JURISDICTION AS ESTABLISHED IN THE LIVING WAGE CALCULATOR PUBLISHED BY THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF TWO WORKING ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT. (IV) MAKE CONCRETE COMMITMENTS TO CREATING THE GREATEST NUMBER OF FULL-TIME, NON-TEMPORARY JOBS COMPENSATING EMPLOYEES AT A WAGE RATE AT OR ABOVE THE LIVING WAGE RATE FOR THE PROJECT JURISDICTION AS ESTAB- LISHED IN THE LIVING WAGE CALCULATOR PUBLISHED BY THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF TWO WORKING ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT. (V) COMMIT TO AT LEAST NINETY PERCENT OF THE LABOR ON THE CONTRACT BEING PERFORMED BY WORKERS CLASSIFIED AS EMPLOYEES. (VI) OFFER TARGETED TRAINING AND OPPORTUNITIES FOR INDIVIDUALS FACING BARRIERS TO EMPLOYMENT AND WORKERS FROM DISADVANTAGED COMMUNITIES. F. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND NYSERDA, IN CONSULTATION WITH THE DEPARTMENT, SHALL DEVELOP A WEB-BASED PORTAL TO TRACK NEW YORK JOBS PLAN COMMITMENTS AND COMPLIANCE. (I) ALL NEW YORK JOBS PLAN COMMITMENTS AND COMPLIANCE REPORTING SHALL BE VIEWABLE BY THE PUBLIC, THROUGH THE WEB-BASED PORTAL. (II) RECIPIENTS OF PUBLIC CONTRACTS, SHALL ON AN ANNUAL BASIS, BE REQUIRED TO UPLOAD PROGRESS REPORTS ON EACH OF THE COMMITMENTS INCLUDED IN THEIR NEW YORK JOBS PLAN APPLICATION, FOR THE DURATION OF THE COVERED PUBLIC CONTRACT. (III) THE PORTAL SHALL BE DESIGNED IN SUCH A MANNER THAT IF THE INFOR- MATION ENTERED INTO THE PORTAL INDICATES A FAILURE TO COMPLY WITH THE COMMITMENTS MADE IN THE NEW YORK JOBS PLAN, AN AUTOMATIC NOTICE OF NONCOMPLIANCE WOULD BE SENT TO THE PUBLIC ENTITY FOR THE COVERED PUBLIC CONTRACT. (IV) NONCOMPLIANCE WITH NEW YORK JOBS PLAN COMMITMENTS WOULD VIOLATE THE TERMS OF THE PUBLIC CONTRACT. AT A MINIMUM THESE COMMITMENTS WOULD BE ENFORCEABLE THROUGH STANDARD BREACH OF CONTRACT REMEDIES, INCLUDING BUT NOT LIMITED TO, TERMINATION OF THE PUBLIC CONTRACT. 7. ANY RENEWABLE ENERGY PROJECT CREATED IN WHOLE OR PARTLY WITH FINAN- CIAL ASSISTANCE FROM A PUBLIC ENTITY SHALL DEMONSTRATE THAT THE DEVELOP- ER HAS ENTERED INTO A MEMORANDUM OF UNDERSTANDING FOR THE OPERATION AND MAINTENANCE OF SAID PROJECT WITH A BONA FIDE LABOR ORGANIZATION OF JURISDICTION. THE MEMORANDUM SHALL ONLY APPLY TO THE EMPLOYEES NECESSARY FOR THE MAINTENANCE AND OPERATION OF SUCH RENEWABLE ENERGY GENERATION PROJECTS. THE MEMORANDUM SHALL BE AN ONGOING MATERIAL CONDITION OF AUTHORIZATION TO OPERATE AND MAINTAIN THE RENEWABLE ENERGY PROJECTS UNDER THIS ACT. SUCH MEMORANDUM SHALL BE LEGALLY BINDING AND CONTAIN BUT NOT LIMITED TO SAFETY AND TRAINING STANDARDS, DISASTER RESPONSE MEAS- URES, GUARANTEED HOURS, STAFFING LEVELS, PAY RATE PROTECTION AND RETRAINING PROGRAMS. THE COMMISSIONER SHALL EVALUATE WHETHER THERE ARE ADDITIONAL STANDARDS THAT COULD BE APPLIED TO INCREASE WAGE AND BENEFIT STANDARDS OR TO ENCOURAGE A SAFE, WELL-TRAINED, AND ADEQUATELY COMPEN- SATED WORKFORCE. S. 4008--B 124 8. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN- ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP. 9. NOTHING SET FORTH IN THIS SECTION SHALL PRECLUDE A PUBLIC ENTITY FROM SETTING ADDITIONAL REQUIREMENTS OR STANDARDS IN ADDITION TO THOSE SET FORTH IN THIS ARTICLE. § 11. The public authorities law is amended by adding a new section 1886 to read as follows: § 1886. CLIMATE REBATES. 1. THE AUTHORITY SHALL DEVELOP A REBATE PROGRAM TO REDUCE POTENTIAL INCREASED COSTS TO INDIVIDUALS AND SMALL BUSINESSES RESULTING FROM REGULATORY CHANGES UNDERTAKEN PURSUANT TO ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW. 2. PROGRAM DESIGN SHALL BE GUIDED BY THE FINDINGS AND RECOMMENDATIONS OF THE FINAL SCOPING PLAN PREPARED PURSUANT TO SECTION 75-0103 OF THE ENVIRONMENTAL CONSERVATION LAW AND THE STUDY CONDUCTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 3. THE AUTHORITY, IN CONSULTATION WITH THE CLIMATE JUSTICE WORKING GROUP ESTABLISHED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW, SHALL CONDUCT IN COLLABORATION WITH THE OFFICE OF EQUITY FOR ENERGY AND CLIMATE, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENTS OF HEALTH AND LABOR TO DETERMINE HOW TO BEST STRUCTURE AND DISTRIBUTE REBATES TO INDIVIDUALS PURSUANT TO THIS SECTION IN AN EQUITABLE MANNER; PROVIDED HOWEVER THAT SUCH REBATE PROGRAM SHALL PRIMARILY BE DIRECTED TO LOW-IN- COME HOUSEHOLDS AND DISADVANTAGED COMMUNITIES. SUCH STUDY SHALL BE COMPLETED BY THE FIRST OF FEBRUARY TWO THOUSAND TWENTY-FOUR, AND SHALL BE PROVIDED TO THE GOVERNOR AND THE LEGISLATURE. 4. (A) THE AUTHORITY SHALL ESTABLISH A VARIETY OF REBATE TYPES TO MEET THE VARIED NEEDS OF THE PEOPLE OF THE STATE, WHICH MAY INCLUDE TAX CRED- ITS, TRANSIT VOUCHERS, DIRECT PAYMENTS, UTILITY ASSISTANCE, OR OTHER FINANCIAL BENEFITS AS ARE REASONABLE AND PRACTICABLE. THE AUTHORITY SHALL, AS APPROPRIATE, COLLABORATE WITH THE PUBLIC SERVICE COMMISSION AND OTHER STATE AGENCIES AND AUTHORITIES IN DEVELOPING AND DISTRIBUTING SUCH REBATES. (B) INDIVIDUALS RECEIVING MEANS-TESTED GOVERNMENT ASSISTANCE SHALL RECEIVE REBATES THROUGH MECHANISMS THAT WILL NOT CONSTITUTE INCOME FOR PURPOSES OF ANY SUCH MEANS-TESTED GOVERNMENT ASSISTANCE PROGRAMS. 5. AN INDIVIDUAL ELIGIBLE FOR A REBATE PURSUANT TO THE PROVISIONS OF THIS SECTION MAY OPT OUT OF RECEIVING SUCH REBATE. 6. THE AUTHORITY, IN COLLABORATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE PUBLIC SERVICE COMMISSION, SHALL STRUCTURE A REBATE PROGRAM FOR SMALL BUSINESSES WHICH IS TARGETED TO SUPPORT THOSE SMALL BUSINESSES MOST AFFECTED BY THE TRANSITION TO A CLEAN ENERGY ECONOMY. PREFERENCE SHALL BE GIVEN TO MINORITY- AND WOMEN-OWNED BUSINESSES IN THE DISTRIBUTION OF SUCH REBATES. FOR PURPOSES OF THIS SECTION, "SMALL BUSI- NESS" MEANS A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY- ONE OF THE ECONOMIC DEVELOPMENT LAW. 7. THE AUTHORITY SHALL IMPLEMENT THE REBATE PROGRAM IN A MANNER THAT LIMITS THE ADMINISTRATIVE EFFORT REQUIRED OF RECIPIENTS OF REBATES. 8. THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND REGULATIONS TO EFFECT THE PROVISIONS OF THIS SECTION, AND SHALL HOLD NO FEWER THAN THREE PUBLIC HEARINGS IN CONNECTION THEREWITH. § 12. The state finance law is amended by adding a new section 92-qq to read as follows: S. 4008--B 125 § 92-QQ. CLIMATE AND COMMUNITY PROTECTION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CLIMATE AND COMMUNITY PROTECTION FUND". 2. (A) THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT ACCOUNTS WITHIN THE CLIMATE AND COMMUNITY PROTECTION FUND: (I) THE CLIMATE JOBS AND INFRASTRUCTURE ACCOUNT; (II) THE COMMUNITY TRANSITION ACCOUNT; (III) THE WORKER TRANSITION ACCOUNT; AND (IV) THE ENERGY AFFORDABILITY ACCOUNT. (B) ALL MONEYS RECEIVED BY THE COMPTROLLER FOR DEPOSIT IN THE CLIMATE AND COMMUNITY PROTECTION FUND SHALL BE DEPOSITED TO THE CREDIT OF SUCH ACCOUNTS AS FOLLOWS: FORTY-ONE PERCENT TO THE CLIMATE JOBS AND INFRAS- TRUCTURE ACCOUNT, TWENTY PERCENT TO THE COMMUNITY TRANSITION ACCOUNT, SIX PERCENT TO THE WORKER TRANSITION ACCOUNT AND THIRTY-THREE PERCENT TO THE ENERGY AFFORDABILITY ACCOUNT. NO MONEYS SHALL BE EXPENDED FROM ANY SUCH ACCOUNT EXCEPT PURSUANT TO APPROPRIATION BY THE LEGISLATURE. 3. SUCH FUND SHALL CONSIST OF ALL MONEYS TRANSFERRED AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. ALL SUCH MONEYS SHALL BE INITIALLY DEPOSITED INTO THE CLIMATE AND COMMUNITY PROTECTION FUND, FOR APPLICATION AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION. 4. MONEYS IN THE CLIMATE AND COMMUNITY PROTECTION FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTO- DY OF THE COMPTROLLER. ALL DEPOSITS OF SUCH REVENUES SHALL, IF REQUIRED BY THE COMPTROLLER, BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE HAVING A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SECU- RITY FOR SUCH DEPOSITS. ANY SUCH MONEYS IN SUCH FUND MAY, UPON THE DISCRETION OF THE COMPTROLLER, BE INVESTED IN OBLIGATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE. 5. (A) ALL MONEYS HERETOFORE AND HEREAFTER DEPOSITED IN THE CLIMATE AND COMMUNITY PROTECTION TRANSFER ACCOUNT SHALL BE TRANSFERRED BY THE COMPTROLLER ONLY TO THE CLIMATE JOBS AND INFRASTRUCTURE ACCOUNT, COMMU- NITY TRANSITION ACCOUNT, WORKER TRANSITION ACCOUNT, AND ENERGY AFFORDA- BILITY ACCOUNT. SUCH TRANSFERS SHALL BE MADE AT THE REQUEST OF THE DIRECTOR OF THE BUDGET. (B) MONEYS OF THE CLIMATE JOBS AND INFRASTRUCTURE ACCOUNT SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABILITY ONLY FOR PROJECTS UNDER TITLE NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, PROJECTS UNDER TITLE FIFTEEN OF ARTICLE FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY NY-SUN PROGRAM, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE, OFFSHORE WIND PROJECTS, TRANSIT AUTHORITIES, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TRUCK VOUCHER INCENTIVE PROGRAM, THE NEW YORK STATE ENERGY RESEARCH AND DEVEL- OPMENT AUTHORITY REGIONAL CLEAN ENERGY HUBS PROGRAM, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY RENEWABLE CAPITAL PROGRAMS, METHANE LEAKAGE DETECTION PROJECTS, THERMAL ENERGY NETWORK PILOT PROGRAMS, COSTS ASSOCIATED WITH SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THE EDUCATION LAW, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AFFORDABLE MULTIFAMILY ENERGY EFFICIENCY PROGRAM, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY NEW YORK TRUCK VOUCHER INCENTIVE PROGRAM, THE AGRICULTURAL ENVIRONMENTAL MANAGEMENT PROGRAM S. 4008--B 126 ESTABLISHED IN ARTICLE ELEVEN-A OF THE AGRICULTURE AND MARKETS LAW, RESEARCH AND DEVELOPMENT OF PROGRAMS TO SUPPORT THE ECONOMIC VIABILITY OF FARM-WASTE ELECTRIC GENERATING EQUIPMENT AS DEFINED IN SECTION SIXTY-SIX-J OF THE PUBLIC SERVICE LAW, PROGRAMS SUPPORTING FARMERS IN TRANSITIONING TO NON-FOSSIL FUEL FARM EQUIPMENT, THE NEW YORK CITY HOUS- ING PRESERVATION AND DEVELOPMENT-NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY RETROFIT ELECTRIFICATION PILOT PROGRAM, ZERO-EMIS- SION STATE LIGHT-DUTY VEHICLE FLEET PROCUREMENT, ZERO-EMISSION MEDIUM- AND HEAVY-DUTY VEHICLE REBATES FOR MUNICIPALITIES, ZERO-EMISSION LIGHT- DUTY VEHICLE REBATES FOR MUNICIPALITIES, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S URBAN AND COMMUNITY FORESTRY GRANT PROGRAM, THE FOREST CONSERVATION EASEMENT LAND TRUSTS GRANT PROGRAM, NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY CLEAN HEAT PROGRAM REBATES AND INCEN- TIVES, PROGRAMS RELATED TO THE NEW EFFICIENCY: NEW YORK REPORT, AND OTHER PROGRAMS ADMINISTERED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVA- TION OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY WHICH, IN THE DETERMINATION OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVA- TION OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AS APPLICABLE, MEET THE FOLLOWING REQUIREMENTS: (I) THE PROJECT WILL RESULT IN DIRECT REDUCTIONS IN STATEWIDE GREEN- HOUSE GAS EMISSIONS AND/OR CO-POLLUTANTS IN COMPLIANCE WITH PROVISIONS OF SUBDIVISIONS TWO AND THREE OF SECTION 75-0109 OF THE ENVIRONMENTAL CONSERVATION LAW; (II) THE PROJECT WILL NOT UTILIZE ANY COMBUSTION FUELS OR FOSSIL FUELS IN OPERATION; AND (III) THE PROJECT WILL CREATE JOBS OR SUPPORT ECONOMIC DEVELOPMENT SUBJECT TO THE STANDARDS SET FORTH IN SECTION TWO HUNDRED TWENTY-EIGHT OF THE LABOR LAW. (C) MONEYS FROM THE COMMUNITY TRANSITION ACCOUNT SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABIL- ITY BY THE DIRECTOR OF THE BUDGET, ONLY FOR DEPARTMENT OF ENVIRONMENTAL CONSERVATION ENVIRONMENTAL JUSTICE GRANTS, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY ENERGY EQUITY COLLABORATIVE, AND THE COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS PROGRAM AS ESTABLISHED PURSUANT TO SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORI- TIES LAW. (D) MONEYS FROM THE WORKER TRANSITION ACCOUNT SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION, AND UPON CERTIFICATE OF APPROVAL OF AVAIL- ABILITY BY THE DIRECTOR OF THE BUDGET, ONLY FOR: (I) GRANTS, INCOME SUPPORT, OR PROGRAMS ADMINISTERED BY A LABOR UNION OR THE DEPARTMENT OF LABOR WHICH PROVIDE DIRECT SUPPORT FOR WORKERS ADVERSELY AFFECTED OR DISPLACED BY FOSSIL FUEL FACILITY CLOSURES, INCLUDING SUPPORT FOR SUCH WORKERS IN STARTING NEW BUSINESS ENTERPRISES. (II) GRANTS, TAX REPLACEMENT, PAYMENT IN LIEU OF TAXES, OR PROGRAMMAT- IC SUPPORT FOR LOCAL GOVERNMENTS AND COUNTIES WHICH HAVE HOSTED FOSSIL FUEL OR ENERGY INFRASTRUCTURE SIGNIFICANTLY IMPACTED BY ENERGY REGULATO- RY CHANGES, INCLUDING: (A) THE EMPIRE STATE DEVELOPMENT CORPORATION'S ELECTRIC GENERATION FACILITY CESSATION MITIGATION PROGRAM; (B) THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S JUST TRANSITION SITE REUSE PLANNING PROGRAM; AND (C) STATE ASSISTANCE FOR BROWNFIELD OPPORTUNITY AREAS PURSUANT TO SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW. (E) MONEYS FROM THE ENERGY AFFORDABILITY ACCOUNT SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABIL- ITY BY THE DIRECTOR OF THE BUDGET, FOR: S. 4008--B 127 (I) PROGRAMS THAT PREVENT INCREASES IN ENERGY BURDEN DUE TO ENERGY REGULATORY CHANGES; (II) REDUCING ENERGY USE AND UTILITY COSTS FOR LOW- AND MODERATE-IN- COME HOUSEHOLDS, SMALL BUSINESSES, AND NOT-FOR-PROFITS, WHICH SHALL INCLUDE UTILITY AFFORDABILITY PROGRAMS TO BE AUTHORIZED AND ADMINISTERED BY THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF PUBLIC SERVICE; (III) AFFORDABILITY REBATE PAYMENTS PURSUANT TO SECTION EIGHTEEN HUNDRED EIGHTY-SIX OF THE PUBLIC AUTHORITIES LAW; AND (IV) ASSISTANCE PURSUANT TO SECTION EIGHTEEN HUNDRED SEVENTY-TWO-B OF THE PUBLIC AUTHORITIES LAW. (F) AGENCIES OR AUTHORITIES DISTRIBUTING MONEYS OF THE CLIMATE AND COMMUNITY PROTECTION FUND SHALL BE ENTITLED TO RECOVER FROM SUCH MONEYS THEIR OWN NECESSARY AND DOCUMENTED COSTS INCURRED IN ADMINISTERING SUCH DISTRIBUTIONS, PROVIDED, HOWEVER, SUMS SO RECOVERED SHALL NOT EXCEED FIVE PERCENT OF SUCH MONEYS DISTRIBUTED. 6. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 75-0117 OF THE ENVIRONMENTAL CONSERVATION LAW, PROVIDED THAT, NOTWITHSTANDING THE PROVISIONS THEREOF, DISADVANTAGED COMMUNITIES SHALL RECEIVE THE BENEFITS OF NO LESS THAN FORTY PERCENT OF SUCH PAYMENTS. PAYMENTS MADE FROM THE CLIMATE JOBS AND INFRASTRUCTURE ACCOUNT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION, THE COMMUNITY TRANSITION ACCOUNT PURSUANT TO PARAGRAPH (C) OF SUBDIVI- SION FIVE OF THIS SECTION, AND PAYMENTS PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (D) OF SUBDIVISION FIVE OF THIS SECTION SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION SEVEN HUNDRED NINETY OF THE LABOR LAW, AS APPLICABLE. 7. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMPTROLLER. 8. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY AND IN ACCORDANCE WITH SECTION FOUR OF THIS CHAPTER, THE COMPTROLLER IS HEREBY AUTHORIZED AT THE DIRECTION OF THE DIRECTOR OF THE DIVISION OF THE BUDGET TO TRANS- FER MONEYS FROM THE GENERAL FUND TO THE CLIMATE AND COMMUNITY PROTECTION FUND FOR THE PURPOSE OF MAINTAINING THE SOLVENCY OF THE CLIMATE AND COMMUNITY PROTECTION FUND. IF, IN ANY FISCAL YEAR, MONEYS IN THE CLIMATE AND COMMUNITY PROTECTION FUND ARE DEEMED INSUFFICIENT BY THE DIRECTOR OF THE DIVISION OF THE BUDGET TO MEET ACTUAL AND ANTICIPATED DISBURSEMENTS FROM ENACTED APPROPRIATIONS OR REAPPROPRIATIONS MADE PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL AT THE DIRECTION OF THE DIRECTOR OF THE DIVISION OF THE BUDGET, TRANSFER FROM THE GENERAL FUND TO THE CLIMATE AND COMMUNITY PROTECTION FUND MONEYS SUFFICIENT TO MEET SUCH DISBURSE- MENTS. SUCH TRANSFERS SHALL BE MADE ONLY UPON CERTIFICATION OF NEED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET, WITH COPIES OF SUCH CERTIF- ICATION FILED WITH THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE, THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMP- TROLLER. § 13. The public authorities law is amended by adding a new section 1872-b to read as follows: § 1872-B. GAP FUNDING FOR GREEN RESIDENTIAL BUILDINGS. 1. THE AUTHORI- TY SHALL ESTABLISH AND ADMINISTER A PROGRAM TO PROVIDE ASSISTANCE FOR RESIDENCES TO MEET GREEN RESIDENTIAL BUILDING STANDARDS AS DEFINED IN SECTION EIGHTEEN HUNDRED SEVENTY-TWO OF THIS TITLE FOR CIRCUMSTANCES AND APPLICATIONS IN WHICH OTHER ASSISTANCE IS LACKING OR INADEQUATE TO MEET IDENTIFIED NEEDS. 2. SUCH PROGRAM SHALL ADDRESS EXISTING ISSUES IN BROADER ACHIEVEMENT OF GREEN RESIDENTIAL BUILDING STANDARDS, AND IN SO DOING, SHALL CONSID- ER, AT MINIMUM: S. 4008--B 128 (A) APPROPRIATENESS OF NON-ENERGY MEASURES SUCH AS ELECTRIFICATION READINESS; (B) LOCAL SUPPLY CHAIN DEVELOPMENT; (C) INCREASING VISIBILITY AND OUTREACH OF AUTHORITY PROGRAMS; (D) WHOLE-HOME RETROFITTING OPTIONS; AND (E) PILOT PROGRAMS FOR LOW-INCOME RESIDENTS. 3. THE AUTHORITY SHALL IMPLEMENT STRATEGIES TO MITIGATE ADVERSE ECONOMIC IMPACTS OF THE PROGRAM ON TENANTS, INCLUDING BUT NOT LIMITED TO RESIDENTS IN RENT-REGULATED HOUSING OR RECIPIENTS OF HOUSING SUBSIDIES. § 14. The public authorities law is amended by adding a new section 1885 to read as follows: § 1885. OFFICE OF EQUITY FOR ENERGY AND CLIMATE. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN- INGS: (A) "COMMUNITY SOLUTIONS FUND" SHALL MEAN THE COMMUNITY DIRECTED CLIMATE SOLUTIONS FUND ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION. (B) "OFFICE" SHALL MEAN THE OFFICE OF EQUITY FOR ENERGY AND CLIMATE ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION. (C) "SOLUTIONS GRANTS PROGRAM" SHALL MEAN THE COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. 2. OFFICE OF EQUITY FOR ENERGY AND CLIMATE. (A) THERE IS ESTABLISHED WITHIN THE AUTHORITY AN OFFICE OF EQUITY FOR ENERGY AND CLIMATE. (B) THE PURPOSE OF THE OFFICE OF EQUITY FOR ENERGY AND CLIMATE IS TO SUPPORT LOCAL AND COMMUNALLY DEVELOPED CLIMATE PROJECTS TO SUPPORT DISADVANTAGED COMMUNITIES, INCLUDING BY ESTABLISHING AND ADMINISTERING THE COMMUNITY SOLUTIONS FUND AND THE SOLUTIONS GRANTS PROGRAM PURSUANT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION. 3. THE COMMUNITY DIRECTED CLIMATE SOLUTIONS FUND. THERE IS ESTABLISHED WITHIN THE OFFICE THE COMMUNITY SOLUTIONS FUND, OUT OF WHICH THE OFFICE SHALL MAKE GRANTS PURSUANT TO THE SOLUTIONS GRANTS PROGRAM. 4. COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS PROGRAM. (A) THE OFFICE SHALL ESTABLISH THE COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS PROGRAM TO PROVIDE ASSISTANCE TO COMMUNITY-BASED ORGANIZATIONS, PROJECTS, AND INITIATIVES THAT MAY NOT MEET APPLICATION CRITERIA FOR OTHER ASSISTANCE PROGRAMS, OR FOR WHICH OTHER ASSISTANCE PROGRAMS ARE INADEQUATE. (B) THE OFFICE SHALL DESIGN THE SOLUTIONS GRANTS PROGRAM, TO THE EXTENT PRACTICABLE AND PERMISSIBLE, TO MAXIMIZE THE ABILITY OF GRANT RECIPIENTS TO USE SUCH GRANTS AS MATCHING FUNDS IN OTHER ASSISTANCE PROGRAM APPLICATIONS AND/OR TO LEVERAGE THE FUNDING TO RECEIVE ADDI- TIONAL GRANTS FROM OTHER ASSISTANCE PROGRAMS. (C) THE OFFICE SHALL IDENTIFY THE NEEDS OF DISADVANTAGED COMMUNITIES TO PRIORITIZE GRANT ALLOCATION. SUCH IDENTIFICATION PROCESS SHALL INCLUDE SIGNIFICANT CONSULTATION WITH COMMUNITY STAKEHOLDERS IN A VARIE- TY OF DISADVANTAGED COMMUNITIES THROUGHOUT THE STATE, AT LEAST THREE PUBLIC HEARINGS, AND OTHER OPPORTUNITIES FOR PUBLIC INPUT. THE OFFICE SHALL ALSO CONSULT WITH THE CLIMATE JUSTICE WORKING GROUP ESTABLISHED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW. (D) APPLICANTS ELIGIBLE FOR THE SOLUTIONS GRANTS PROGRAM. (I) LEAD APPLICANTS ELIGIBLE FOR GRANTS SHALL BE CONSTITUENCY-BASED ORGANIZA- TIONS, TRIBAL NATIONS, OR, IN COMMUNITIES WHERE NEITHER CONSTITUENCY- BASED ORGANIZATIONS OR TRIBAL NATIONS EXIST OR DO NOT WISH TO APPLY FOR SUCH GRANTS, A MUNICIPALITY. S. 4008--B 129 (II) SUB-APPLICANTS MAY INCLUDE OTHER NON-PROFIT ORGANIZATIONS, ACADEMIC INSTITUTIONS, LOCAL BUSINESSES, MUNICIPALITIES AND OTHER SIMI- LARLY-SITUATED STAKEHOLDERS. (E) THE FOLLOWING RESTRICTIONS SHALL APPLY TO THE COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS PROGRAM: (I) GRANTS SHALL ONLY BE MADE FOR PROJECTS THAT REDUCE ENERGY COSTS, ENHANCE CLIMATE CHANGE RESILIENCY INCLUDING BUT NOT LIMITED TO REDUCTION OF URBAN HEAT ISLAND EFFECTS AND FLOODING PROTECTIONS, OR THAT SUPPORT COMMUNITY OWNERSHIP AND GOVERNANCE OF ENERGY INFRASTRUCTURE. (II) AT LEAST SEVENTY-FIVE PERCENT OF FUNDING ALLOCATED TO THIS PROGRAM MUST SUPPORT PROJECTS LOCATED WITHIN DISADVANTAGED COMMUNITIES. (III) UP TO TWENTY-FIVE PERCENT OF FUNDING ALLOCATED TO THIS PROGRAM MAY SUPPORT PROJECTS LOCATED OUTSIDE DISADVANTAGED COMMUNITIES, PROVIDED THAT SUCH FUNDING PROVIDES A BENEFIT TO DISADVANTAGED COMMUNITIES, INCLUDING THOSE BENEFITS IDENTIFIED IN SUBPARAGRAPH (I) OF THIS PARA- GRAPH. (IV) TO THE EXTENT PRACTICABLE, GRANTS SHALL BE DISTRIBUTED EQUITABLY TO DISADVANTAGED COMMUNITIES THROUGHOUT THE STATE, BASED ON POPULATION. (V) GRANTS SHALL ONLY BE MADE FOR PROJECTS WHICH SATISFY THE COMMUNITY DECISION-MAKING AND ACCOUNTABILITY STANDARDS ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. (VI) PROJECTS FUNDED BY GRANTS MADE UNDER THE SOLUTIONS GRANTS PROGRAM SHALL BE SUBJECT TO THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-EIGHT OF THE LABOR LAW. (VII) PREFERENCE SHALL BE GIVEN TO PROPOSALS THAT INCLUDE SIGNIFICANT PARTICIPATION BY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES. 5. THE OFFICE SHALL DEVELOP AND ESTABLISH STANDARDS FOR COMMUNITY DECISION-MAKING AND ACCOUNTABILITY MECHANISMS WITH RESPECT TO ELIGIBLE PROJECTS AND THE USE OF GRANT FUNDING PURSUANT TO THE PROVISIONS OF THIS SECTION. 6. BEGINNING ONE YEAR AFTER ITS ESTABLISHMENT AND ANNUALLY THEREAFTER, THE OFFICE SHALL SUBMIT A REPORT TO THE CLIMATE JUSTICE WORKING GROUP ESTABLISHED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVA- TION LAW, THE GOVERNOR AND THE LEGISLATURE ON THE USE OF FUNDS IN THE COMMUNITY DIRECTED CLIMATE SOLUTIONS FUND, INCLUDING INFORMATION REGARD- ING RECIPIENTS OF THE SOLUTIONS GRANTS PROGRAM. § 15. This act shall take effect immediately. PART BBB Intentionally Omitted PART CCC Section 1. The parks, recreation and historic preservation law is amended by adding a new section 3.27 to read as follows: § 3.27 STATE PARKS PASSPORT PROGRAM. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL ESTABLISH A STATE PARKS PASS- PORT PROGRAM. 2. THE STATE PARKS PASSPORT PROGRAM SHALL USE A PRINTED PASSPORT BOOK OR ELECTRONIC APPLICATION TO ALLOW VISITORS TO STATE PARKS AND HISTORIC SITES TO LOG THEIR VISITS TO SUCH SITES WITH INK STAMPS OR ELECTRONIC STAMPS, AND INK STAMPS OR ELECTRONIC STAMPS THAT IDENTIFY EACH STATE PARK OR HISTORIC SITE BY NAME. THE COSTS ASSOCIATED WITH THE DEVELOPMENT OF THE STATE PARKS PASSPORT PROGRAM SHALL BE DERIVED FROM THE PATRON S. 4008--B 130 SERVICES ACCOUNT OF THE MISCELLANEOUS SPECIAL REVENUE FUND. THE COMMIS- SIONER MAY CHARGE PURCHASERS OF THE PRINTED PASSPORT BOOK OR ELECTRONIC APPLICATION FOR THE COSTS ASSOCIATED FOR PRINTING OR DEVELOPING THOSE MATERIALS. 3. THE COMMISSIONER MAY DESIGNATE A SUBSET OF SUCH SITES EACH YEAR TO HIGHLIGHT VARIOUS REGIONS OF THE STATE OR VARIOUS STATE PARK REGIONS. THE COMMISSIONER MAY PROVIDE FOR THE CONDUCTING OF SPECIAL EVENTS THAT EMPHASIZE OUTDOOR RECREATION OR FITNESS FOR CERTAIN SUBSETS OF PARK ATTENDEES INCLUDING, BUT NOT LIMITED TO, CHILDREN AND SENIOR CITIZENS. 4. THE COMMISSIONER MAY PROMULGATE SUCH REGULATIONS AS MAY BE NECES- SARY FOR THE OPERATION OF THE STATE PARKS PASSPORT PROGRAM. § 2. This act shall take effect immediately. PART DDD Section 1. The office of parks, recreation and historic preservation and the office of mental health are hereby authorized and directed to jointly conduct a study on a proposed extension of the Long Island Motor Parkway trail, a part of the Brooklyn Queens Greenway, east from Winchester Boulevard to Little Neck Parkway in the county of Queens to the trailhead of the planned Motor Parkway trail in the county of Nassau. 1. Such study shall address no less than the following issues: (a) The estimated total cost of the project. (b) The estimated duration of the project. (c) The impact construction will have on local traffic patterns. (d) The environmental impact of the project, represented in an envi- ronmental impact statement, if such statement is required by law, or is deemed warranted according to the discretion of the office of parks, recreation and historic preservation. (e) Assess if the project could provide a connection between the Empire State Trail and the counties of Kings, Queens, Nassau and Suffolk. (f) Identify areas for cooperation between agencies who have purview over this project and/or relevant properties and solicit and incorporate input from such agencies. 2. The office of parks, recreation and historic preservation and the office of mental health shall report such findings to the governor and the legislature within one year after the effective date of this act. § 2. This act shall take effect immediately and shall expire one year after it shall have become a law when upon such date the provisions of this act shall be deemed repealed. PART EEE Section 1. The environmental conservation law is amended by adding a new section 75-0121 to read as follows: § 75-0121. AGENCY CLIMATE EXPENDITURE REPORTING. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVI- SION, OFFICE, OR COMMITTEE OF THE STATE, OR STATE AUTHORITY. (B) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION CREATED BY OR EXISTING UNDER THE PUBLIC AUTHORITIES LAW, OR ANY OTHER LAW OF THE STATE OF NEW YORK, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A S. 4008--B 131 CIVIL OFFICE OF THE STATE, OTHER THAN AN INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION. (C) "STATE CLIMATE GOALS" MEANS THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS ESTABLISHED PURSUANT TO SECTION 75-0107 OF THIS ARTICLE AND ANY RULES OR REGULATIONS PROMULGATED PURSUANT THERETO OR PURSUANT TO SECTION 75-0109 OF THIS ARTICLE, AND ANY STATE MEASURES AND ACTIONS CONTAINED IN THE SCOPING PLAN ADOPTED PURSUANT TO SECTION 75-0103 OF THIS ARTICLE. 2. ANNUAL AGENCY CLIMATE EXPENDITURE REPORT. IN ADDITION TO THE INFOR- MATION REQUIRED BY ARTICLE VII OF THE CONSTITUTION, THE GOVERNOR SHALL SUBMIT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, AS EARLY AS PRACTICABLE, BUT NO LATER THAN JANUARY THIRTIETH OF EACH YEAR, AN ANNUAL AGENCY CLIMATE EXPENDITURE REPORT. SUCH REPORT SHALL CONTAIN A COMPREHENSIVE ESTIMATE AND SUMMARY OF SPENDING TO ACHIEVE THE STATE CLIMATE GOALS FOR EACH INDIVIDUAL AGENCY AND FOR THE STATE AS A WHOLE, BROKEN DOWN FOR EACH INDIVIDUAL CLIMATE GOAL INCLUD- ING: (A) A BREAKDOWN OF FUNDS ALLOCATED IN THE PRIOR FISCAL YEAR; (B) AMOUNTS OF FUNDS ACTUALLY SPENT IN THE PRIOR FISCAL YEAR; (C) FUNDS NEEDED FOR THE UPCOMING FISCAL YEAR; AND (D) AN ANALYSIS OF HOW THE USE OF SUCH FUNDS UNDER PARAGRAPHS (A) THROUGH (C) OF THIS SUBDIVISION HAVE MET OR ARE PROJECTED TO MEET REQUIREMENTS FOR BENEFITING DISADVANTAGED COMMUNITIES UNDER THIS ARTI- CLE, AND UNDER THE CRITERIA ESTABLISHED PURSUANT TO THIS ARTICLE. 3. ACHIEVEMENT OF STATE CLIMATE GOALS. UPON A DETERMINATION BY THE COUNCIL THAT ANY SPECIFIC STATE CLIMATE GOAL HAS BEEN MET, SUCH STATE CLIMATE GOAL SHALL NO LONGER BE REQUIRED TO BE INCLUDED IN FUTURE ANNUAL AGENCY CLIMATE EXPENDITURE REPORTS SUBMITTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION. § 2. This act shall take effect immediately. PART FFF Section 1. The environmental conservation law is amended by adding a new section 3-0322 to read as follows: § 3-0322. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM. 1. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW AND SUBJECT TO AN APPROPRIATION MADE THEREFOR AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND WITH THE RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONNECTION THEREWITH, ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND TWENTY-FOUR, A CONSOLIDATED LOCAL INFRASTRUCTURE PROGRAM IS HEREBY ESTABLISHED FOR THE PURPOSE OF MAKING PAYMENTS TOWARD THE REPLACEMENT AND REHABILITATION OF EXISTING LOCAL MUNICIPALLY-OWNED AND FUNDED DRINKING WATER, STORM WATER AND SANITARY SEWER SYSTEMS. FOR PURPOSES OF THIS SECTION, SUCH PROGRAM SHALL APPLY TO ANY DRINKING WATER SYSTEM, STORM WATER SYSTEM OR SANITARY SEWER SYSTEM WITHIN THE STATE THAT IS UNDER THE MAINTENANCE AND/OR OPERATIONAL JURIS- DICTION OF A COUNTY, CITY, TOWN, VILLAGE OR PUBLIC AUTHORITY; PROVIDED, HOWEVER, THAT SUCH SYSTEM SHALL NOT BE UNDER THE MAINTENANCE AND/OR OPERATIONAL JURISDICTION OF A PRIVATE ENTITY; PROVIDED FURTHER, HOWEVER, THAT SUCH PROGRAM SHALL NOT APPLY TO A SYSTEM THAT IS UNDER THE MAINTE- NANCE AND/OR OPERATIONAL JURISDICTION OF A CITY WITH A POPULATION OF ONE MILLION OR MORE. THE COMMISSIONER, IN CONJUNCTION WITH THE ENVIRONMENTAL FACILITIES CORPORATION, SHALL PROMULGATE ALL NECESSARY RULES AND REGU- LATIONS TO CARRY OUT THE PROGRAM SO THAT AN EQUITABLE DISTRIBUTION OF AID SHALL BE MADE FOR THE GENERAL OPERATION AND/OR GENERAL MAINTENANCE S. 4008--B 132 OF ANY SUCH EXISTING DRINKING WATER SYSTEM, STORM WATER SYSTEM OR SANI- TARY SEWER SYSTEM. EXISTING WATER INFRASTRUCTURE INCLUDES ALL THE MAN- MADE AND NATURAL FEATURES THAT MOVE AND TREAT WATER IN TERMS OF DRINKING WATER, WASTE WATER, AND STORM WATER. MONIES FROM THIS FUND MAY BE USED FOR MAINTENANCE AND REPAIRS OF EXISTING WATER INFRASTRUCTURE AS WELL AS NEW WATER INFRASTRUCTURE EXPANSION, BUT ONLY INTO ALREADY DEVELOPED AREAS SO AS NOT TO SUPPORT SPRAWL AND DEVELOPMENT OF NATURAL AREAS. ALREADY DEVELOPED AREAS ARE THOSE THAT ARE ZONED/DEFINED BY MUNICI- PALITIES AS OF JANUARY FIRST, TWO THOUSAND TWENTY-THREE AS COMMERCIAL AND RESIDENTIAL USE. 2. ON OR BEFORE THE TWENTY-FIFTH DAY OF APRIL, JUNE, SEPTEMBER AND NOVEMBER OF EACH STATE FISCAL YEAR COMMENCING WITH THE STATE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THERE SHALL BE DISTRIBUTED AND PAID TO COUNTIES, CITIES, TOWNS, VILLAGES AND PUBLIC AUTHORITIES AN AMOUNT EQUAL TO THE MONEYS APPROPRIATED FOR THE PURPOSES OF THIS SECTION DIVIDED BY THE NUMBER OF PAYMENT DATES IN THAT STATE FISCAL YEAR. SUCH AMOUNTS SHALL BE DISTRIBUTED AND PAID PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 3. AMOUNTS SHALL BE DISTRIBUTED FOR LOCAL DRINKING WATER, STORM WATER AND SANITARY SEWER SYSTEMS BASED UPON A FUNDING FORMULA THAT THE DEPART- MENT AND THE DEPARTMENT OF HEALTH SHALL CREATE TAKING INTO CONSIDERATION FACTORS INCLUDING BUT NOT LIMITED TO: THE SYSTEM'S LENGTH AND WIDTH OF PIPES; OTHER PHYSICAL ASSETS MAINTAINED BY THE SYSTEM, INCLUDING TREAT- MENT FACILITIES AND PUMPING STATIONS; THE AGE OF THE SYSTEM'S INFRAS- TRUCTURE; AND RELEVANT SOCIOECONOMIC FACTORS, INCLUDING THE PRESENCE OF DISADVANTAGED COMMUNITIES WITHIN A SYSTEM'S SERVICE AREA, TO ACHIEVE AN EQUITABLE DISTRIBUTION OF AID. 4. MONIES MADE AVAILABLE MAY BE USED TO MATCH OTHER STATE AND FEDERAL FUNDS MADE AVAILABLE FOR SUCH PROJECTS. THE REMAINDER OF THE APPORTION- MENT MAY BE USED FOR ANY EXISTING DRINKING WATER, STORM WATER OR SEWER SYSTEM PURCHASES, INCLUDING BUT NOT LIMITED TO, THE ACQUISITION OF MATE- RIALS FOR THE REPLACEMENT OR REHABILITATION. 5. FOR ANY CITY, TOWN, VILLAGE OR PUBLIC AUTHORITY WHICH PROPOSES INFRASTRUCTURE CONSOLIDATION UNDER THIS SECTION OR MERGES WITH ANOTHER MUNICIPALITY, THE FUNDS APPROPRIATED UNDER THIS SECTION MAY FUND COSTS ASSOCIATED WITH SUCH CONSOLIDATION. 6. FOR EACH FISCAL YEAR, STARTING IN TWO THOUSAND TWENTY-FIVE, FUNDS ARE TO BE MADE AVAILABLE TO THE LOCAL INFRASTRUCTURE ASSISTANCE ACCOUNT OF THE GENERAL FUND, AND DISTRIBUTED FROM THAT ACCOUNT. 7. AT THE END OF EACH FISCAL YEAR, EACH COUNTY, CITY, TOWN, VILLAGE AND PUBLIC AUTHORITY THAT RECEIVES FUNDING PURSUANT TO THIS SECTION SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT DETAILING HOW SUCH MONEY WAS USED. THE DEPARTMENT SHALL COMPILE ALL REPORTS AND SUBMIT THEM TO THE COMPTROLLER FOR THEIR REVIEW. ONCE A REPORT IS FINALIZED, IT SHALL BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT AND THE COMPTROLLER SHALL RESERVE THE RIGHT TO CONDUCT SIGHT VISITS TO ENSURE THE MONEY IS BEING USED ACCURATELY. § 2. This act shall take effect immediately. PART GGG Section 1. A temporary state commission, to be known as the New York state commission on establishing a bank owned by New York state, herein- after referred to as the commission, is hereby established to hire a consultant to study the feasibility of establishing a bank owned by the S. 4008--B 133 state of New York or by a public authority constituted by the state of New York for the public interest. § 2. (a) The commission shall consist of fifteen members, to be appointed as follows: (i) six members shall be appointed by the gover- nor, one of whom shall be a representative of the New York state depart- ment of financial services, one shall be a representative from the New York state department of taxation and finance, the remaining four gover- nor's appointees shall not be employees of the executive branch and at least one member shall represent the banking and financial industries of the state including, but not limited to, the New York bankers associ- ation, at least one member shall represent community banking, and no more than one member may be a representative of any financial services firm located within the state, including, but not limited to, the New York state small business development center; (ii) one member shall be the New York state comptroller or the comp- troller's designee; (iii) three members shall be appointed by the temporary president of the senate, one of whom shall be a member of the senate; (iv) one member shall be appointed by the minority leader of the senate; (v) three members shall be appointed by the speaker of the assembly, one of whom shall be a member of the assembly; and (vi) one member shall be appointed by the minority leader of the assembly. (b) The majority of the members of the entire commission shall desig- nate one of the commissioners to serve as the chair of the commission. (c) The members of the commission shall be appointed no later than ninety days after the effective date of this act. (d) The commission is directed to hire a reputable consultant that has the capacity, capability, and experience to conduct a feasibility study to evaluate and make recommendations concerning the formation and control of a state public bank. Consultants that have conducted a previ- ous feasibility study of a public bank at the request of a government entity in the United States will be given preference. Such study shall make recommendations, with the advice of the department of financial services, including but not limited to, on the feasibility of establish- ing a state bank in New York and may recommend legislation for the legislature to consider in order to create a state public bank for New York. § 3. The scope of such study shall include, but shall not be limited to: (a) the purposes of such public bank in the public interest; (b) an analysis of cost savings, impacts on the state's finances, economic development and infrastructure, housing and additional needs of the state, including but not limited to: (i) appropriate governance structures; (ii) minimum capitalization requirements; (iii) appropriate insurance and risk management tools; (iv) charter requirements; (v) financial and operations framework; (vi) deposits; (vii) permitted activities; (viii) benefits; (ix) potential challenges that such public banks may encounter; (x) how the lack of accessible financial services contributes to the cycle of poverty; S. 4008--B 134 (xi) barriers to small business formation and growth; (xii) impacts of such public banks on small businesses, including minority- and women-owned business enterprises; (xiii) impacts of such public banks on the unbanked, the underbanked and banking deserts; and (xiv) how a state public bank may provide banking to the cannabis industry. (c) a fiscal analysis of costs associated with formation; (d) an analysis that considers the effects of an economic recession on the financial results of such public banks; (e) a legal analysis of whether the proposed structure and operation of such public bank complies with the New York state constitution; (f) an analysis of how the proposed governance structure of such public bank would protect such public bank from unlawful insider trans- actions and apparent conflicts of interest; (g) a fiscal analysis of the benefits associated with the creation of such public bank, including, but not limited to, cost savings, jobs created, jobs retained, economic activity generated and private capital leveraged; (h) a qualitative assessment of social and environmental benefits of such public bank; (i) a review of feasibility studies on public banking, including the city of Philadelphia public bank feasibility study and the city of San Francisco public bank feasibility study; and (j) a review of AB-857 (2019 Cal. Stats. Ch. 442). § 4. No earlier than six months and no later than seven months after the effective date of this act, the commission shall submit a report to the governor, the temporary president of the senate, the speaker of the assembly, the chair of the senate banks committee and the chair of the assembly banks committee on the findings and conclusions of the study conducted pursuant to sections two and three of this act and shall submit any legislative recommendations deemed to be necessary. Such report shall be contemporaneously published on the official website of the department of financial services. § 5. This act shall take effect immediately and shall expire and be deemed repealed one year after such effective date. PART HHH Section 1. Subdivision 1 of section 27-1003 of the environmental conservation law, as amended by section 2 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: 1. "Beverage" means carbonated soft drinks, water, beer, other malt beverages [and a], WINE, LIQUOR, DISTILLED SPIRIT COOLERS, AND CIDER AND wine [product] PRODUCTS as defined in [subdivision thirty-six-a of] section three of the alcoholic beverage control law. "Malt beverages" means any beverage obtained by the alcoholic fermentation or infusion or decoction of barley, malt, hops, or other wholesome grain or cereal and water including, but not limited to ale, stout or malt liquor. "Water" means any beverage identified through the use of letters, words or symbols on its product label as a type of water, including any flavored water or nutritionally enhanced water[, provided, however, that "water" does not include any beverage identified as a type of water to which a sugar has been added]. S. 4008--B 135 § 2. Subdivision 1 of section 27-1003 of the environmental conserva- tion law, as amended by section one of this act, is amended to read as follows: 1. "Beverage" means carbonated soft drinks, NONCARBONATED SOFT DRINKS, NONCARBONATED FRUIT OR VEGETABLE JUICES CONTAINING LESS THAN ONE HUNDRED PERCENT FRUIT OR VEGETABLE JUICE, COFFEE AND TEA BEVERAGES, CARBONATED FRUIT BEVERAGES, water, beer, other malt beverages, wine, liquor, distilled spirit coolers, and cider and wine products as defined in section three of the alcoholic beverage control law. "Malt beverages" means any beverage obtained by the alcoholic fermentation or infusion or decoction of barley, malt, hops, or other wholesome grain or cereal and water including, but not limited to ale, stout or malt liquor. "Water" means any beverage identified through the use of letters, words or symbols on its product label as a type of water, including any flavored water or nutritionally enhanced water. § 3. Subdivision 12 of section 27-1003 of the environmental conserva- tion law, as added by section 3 of part SS of chapter 59 of the laws of 2009, is amended and a new subdivision 14 is added to read as follows: 12. "Reverse vending machine" means an automated device that uses a laser scanner, microprocessor, or other technology to accurately recog- nize the universal product code (UPC) on containers to determine if the container is redeemable and accumulates information regarding containers redeemed, including the number of such containers redeemed, thereby enabling the reverse vending machine to accept containers from redeemers and to issue a scrip or receipt for their refund value. SUCH DEFINITION SHALL ALSO APPLY TO ALTERNATIVE TECHNOLOGY APPROVED BY THE COMMISSIONER PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 27-1007 OF THIS TITLE. 14. "STATE-SPECIFIC UPC CODE" MEANS A UNIVERSAL PRODUCT CODE AND LABEL DESIGN THAT IS UNIQUE TO NEW YORK OR USED ONLY IN NEW YORK AND ANY OTHER STATES THAT HAVE A SUBSTANTIALLY SIMILAR REFUND VALUE LAW. § 4. Section 27-1007 of the environmental conservation law, as added by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b) of subdivision 1 as amended by chapter 459 of the laws of 2011, and subdivision 12 as added by section 3 of part F of chapter 58 of the laws of 2013, is amended to read as follows: § 27-1007. Mandatory acceptance. Except as provided in section 27-1009 of this title: 1. (a) A dealer shall accept at his or her place of business from a redeemer any empty beverage containers of the design, shape, size, color, composition and brand sold or offered for sale by the dealer, and shall pay to the redeemer the refund value of each such beverage container as established in section 27-1005 of this title. Redemptions of refund value must be in legal tender, or a scrip or receipt from a reverse vending machine, provided that the scrip or receipt can be exchanged for legal tender for a period of not less than sixty days without requiring the purchase of other goods. IN THE EVENT SUCH SCRIP OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT MUST INDICATE ANY EXPIRATION DATE AND THE DEALER MUST POST A CONSPICUOUS SIGN INDICATING HOW MANY DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR LEGAL TENDER. IF SUCH NOTIFICATION IS NOT PROVIDED, A DEALER MUST REDEEM THE FULL REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. The use or pres- ence of a reverse vending machine shall not relieve a dealer of any obligations imposed pursuant to this section. If a dealer utilizes a reverse vending machine to redeem containers, the dealer shall provide redemption of beverage containers when the reverse vending machine is S. 4008--B 136 full, broken, under repair or does not accept a type of beverage container sold or offered for sale by such dealer and may not limit the hours or days of redemption except as provided by subdivision three of this section. (b) Beginning March first, two thousand ten, a dealer whose place of business is part of a chain engaged in the same general field of busi- ness which operates ten or more units in this state under common owner- ship and whose business has at least: (i) forty thousand but less than sixty thousand square feet devoted to the display of merchandise for sale to the public shall install and maintain at least two reverse vend- ing machines at the dealer's place of business; (ii) sixty thousand but less than eighty-five thousand square feet devoted to the display of merchandise for sale to the public shall install and maintain at least three reverse vending machines at the dealer's place of business; or (iii) eighty-five thousand square feet devoted to the display of merchandise for sale to the public shall install and maintain at least four reverse vending machines at the dealer's place of business. The requirements of [paragraph (b) of] this subdivision to install and main- tain reverse vending machines shall not apply to a dealer that: (i) sells only beverage containers of twenty ounces or less where such beverage containers are packaged in quantities fewer than six; (ii) sells beverage containers and devotes no more than five percent of its floor space to the display and sale of consumer commodities, as defined in section two hundred fourteen-h of the agriculture and markets law; or (iii) obtains a waiver from the commissioner authorizing dealers to provide consumers with an alternative technology that: (A) determines if the container is redeemable, (B) provides protections against fraud through a system that validates each container redeemed by reading the universal product code and, except with respect to refillable contain- ers, renders the container unredeemable, (C) accumulates information regarding containers redeemed, and (D) issues legal tender, or a scrip, receipt, or other form of credit for the refund value, that can be exchanged for legal tender for a period of not less than sixty days without requiring the purchase of other goods AND INCLUDES ANY EXPIRA- TION DATE ON THE SCRIP, RECEIPT, OR OTHER FORM OF CREDIT. Notwithstand- ing the foregoing, if the alternative technology does not allow consum- ers to immediately obtain the refund value of the redeemed container, a dealer shall be permitted to deploy such alternative technology only if it also offers an alternative that allows consumers to conveniently and immediately obtain such refund value through a reverse vending machine or other alternative method. (c) A dealer to which paragraph (b) of this subdivision does not apply and whose place of business is at least forty thousand square feet which does not utilize reverse vending machines to process empty beverage containers for redemption shall: (i) establish and maintain a dedicated area within such business to accept beverage containers for redemption; (ii) adequately staff such area to facilitate efficient acceptance and processing of such containers during business hours; and (iii) post one or more conspicuous signs conforming to the size and color requirements described in subdivision two of this section at each public entrance to the business which describes where in the business the redemption area is located. The commissioner may establish in rules and regulations additional standards for the efficient processing of beverage containers by such dealers. (d) For the purposes of this subdivision on any day that a dealer is open for less than twenty-four hours, the dealer may restrict or refuse S. 4008--B 137 the payment of refund values during the first and last hour the dealer is open for business. 2. A dealer shall post a conspicuous sign, at the point of sale, that states: "NEW YORK BOTTLE BILL OF RIGHTS STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER ACT: THE RIGHT to return your empties for refund to any dealer who sells the same brand, type and size, whether you bought the beverage from the dealer or not. It is illegal to return containers for refund that you did not pay a deposit on in New York state. THE RIGHT to get your deposit refund in cash, without proof of purchase. THE RIGHT to return your empties any day, any hour, except for the first and last hour of the dealer's business day (empty containers may be redeemed at any time in 24-hour stores). THE RIGHT to return your containers if they are empty and intact. Washing containers is not required by law, but is strongly recommended to maintain sanitary conditions. The New York state returnable container act can be enforced by the New York state department of environmental conservation, the New York state department of agriculture and markets, the New York state department of taxation and finance, the New York state attorney general and/or by your local government." Such sign must be no less than eight inches by ten inches in size and have lettering a minimum of one quarter inch high, and of a color which contrasts with the background. The department shall maintain a toll free telephone number for a "bottle bill complaint line" that shall be avail- able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of violations of this title. The telephone number shall be listed on any sign required by this section. 3. On or after June first, two thousand nine, a dealer may limit the number of empty beverage containers to be accepted for redemption at the dealer's place of business to no less than seventy-two containers per visit, per redeemer, per day, provided that: (a) The dealer has a written agreement with a redemption center, be it either at a fixed physical location within the same county and within [one-half] ONE mile of the dealer's place of business, or a mobile redemption center, operated by a redemption center, that is located within one-quarter mile of the dealer's place of business. The redemp- tion center must have a written agreement with the dealer to accept containers on behalf of the dealer; and the redemption center's hours of operation must cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of a mobile redemption center, the hours of operation must cover at least four consecutive hours between 8:00 a.m. and 8:00 p.m. daily. The dealer must post a conspicuous, permanent sign, meeting the size and color specifications set forth in subdivision two of this section, open to public view, identifying the location and hours of operation of the affiliated redemption center or mobile redemption center; and (b) The dealer provides, at a minimum, a consecutive two hour period between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up S. 4008--B 138 to two hundred forty containers, per redeemer, per day, and posts a conspicuous, permanent sign, meeting the size and color specifications set forth in subdivision two of this section, open to public view, iden- tifying those hours. The dealer may not change the hours of redemption without first posting a thirty day notice; and (c) The dealer's primary business is the sale of food or beverages for consumption off-premises, and the dealer's place of business is less than ten thousand square feet in size. 4. A deposit initiator shall accept from a dealer or operator of a redemption center any empty beverage container of the design, shape, size, color, composition and brand sold or offered for sale by the deposit initiator, and shall pay the dealer or operator of a redemption center the refund value of each such beverage container as established by section 27-1005 of this title. A deposit initiator shall accept and redeem all such empty beverage containers from a dealer or redemption center without limitation on quantity. 5. A deposit initiator's or distributor's failure to pick up empty beverage containers, including containers processed in a reverse vending machine, from a redemption center, dealer or the operator of a reverse vending machine, IN A TIMELY MANNER AND AT REASONABLE TIMES AS PROVIDED BY THE DEPARTMENT PURSUANT TO THE REGULATIONS PROMULGATED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION shall be a violation of this title. 6. In addition to the refund value of a beverage container as estab- lished by section 27-1005 of this title, a deposit initiator shall pay to any dealer or operator of a redemption center a handling fee of three and one-half cents for each beverage container accepted by the deposit initiator from such dealer or operator of a redemption center. BEGIN- NING APRIL FIRST, TWO THOUSAND TWENTY-SIX, THE HANDLING FEE WILL BE SIX CENTS. Payment of the handling fee shall be as compensation for collect- ing, sorting and packaging of empty beverage containers for transport back to the deposit initiator or its designee. Payment of the handling fee may not be conditioned on the purchase of any goods or services, nor may such payment be made out of the refund value account established pursuant to section 27-1012 of this title. A distributor who does not initiate deposits on a type of beverage container is considered a dealer only for the purpose of receiving a handling fee from a deposit initi- ator. 7. A deposit initiator on a brand shall accept from a distributor who does not initiate deposits on that brand any empty beverage containers of that brand accepted by the distributor from a dealer or operator of a redemption center and shall reimburse the distributor the refund value of each such beverage container, as established by section 27-1005 of this title. In addition, the deposit initiator shall reimburse such distributor for each such beverage container the handling fee estab- lished under subdivision six of this section. Without limiting the rights of the department or any person, firm or corporation under this subdivision or any other provision of this section, a distributor shall have a civil right of action to enforce this subdivision, including, upon three days notice, the right to apply for temporary and preliminary injunctive relief against continuing violations, and until arrangements for collection and return of empty containers or reimbursement of such distributor for such deposits and handling fees are made. 8. It shall be the responsibility of the deposit initiator or distrib- utor to provide to a dealer or redemption center a sufficient number of bags, cartons, or other suitable containers, at no cost, for the packag- S. 4008--B 139 ing, handling and pickup of empty beverage containers that are not redeemed through a reverse vending machine. The bags, cartons, or containers must be provided by the deposit initiator or distributor on a schedule that allows the dealer or redemption center sufficient time to sort the empty beverage containers prior to pick up by the deposit initiator or distributor. In addition: (a) When picking up empty beverage containers, a deposit initiator or distributor shall not require a dealer or redemption center to load their own bags, cartons or containers onto or into the deposit initi- ator's or distributor's vehicle or vehicles or provide the staff or equipment needed to do so. HOWEVER, WHERE PALLETS OR SKIDS, BAGS, CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR SIMILAR EQUIPMENT, A DEPOSIT INITIATOR OR DISTRIBUTOR MAY REQUIRE A DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST USING A FORKLIFT OR SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION CENTER PROVIDED THAT SUCH EQUIPMENT AND APPROPRIATE STAFF ARE READILY AVAILABLE. (b) A deposit initiator or distributor shall not require empty containers to be counted at a location other than the redemption center or dealer's place of business. The dealer or redemption center shall have the right to be present at the count. IN THE EVENT OF A DISCREPANCY BETWEEN THE COUNT OF THE DEALER OR REDEMPTION CENTER AND THE COUNT OF THE DEPOSIT INITIATOR OR DISTRIBUTOR FOR CONTAINERS NOT PROCESSED THROUGH A REVERSE VENDING MACHINE ALL SUCH EMPTY CONTAINERS SHALL BE RETAINED AND A RE-COUNT MAY BE REQUESTED. THE RE-COUNT MAY BE HELD AT A LOCATION OTHER THAN THE REDEMPTION CENTER OR DEALER'S PLACE OF BUSINESS ONLY IF THE DEALER OR REDEMPTION CENTER AGREES AND IS PRESENT. (c) A deposit initiator or distributor shall pick up empty beverage containers from the dealer or redemption center IN A TIMELY MANNER AND at reasonable times [and intervals] as determined in rules or regu- lations promulgated by the department NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-SIX. 9. No person shall return or assist another to return to a dealer or redemption center an empty beverage container for its refund value if such container had previously been accepted for redemption by a dealer, redemption center, or deposit initiator who initiates deposits on bever- age containers of the same brand. 10. A redeemer, dealer, distributor or redemption center shall not knowingly redeem an empty beverage container on which a deposit was never paid in New York state. 11. Notwithstanding the provisions of subdivision two of section 27-1009 of this title, a deposit initiator or distributor shall accept and redeem beverage containers as provided in this title, if the dealer or operator of a redemption center shall have accepted and paid the refund value of such beverage containers. 12. No person shall intentionally program, tamper with, render inaccu- rate, or circumvent the proper operation of a reverse vending machine to wrongfully elicit deposit monies when no valid, redeemable beverage container has been placed in and properly processed by the reverse vend- ing machine. 13. THE DEPARTMENT AND THE DEPARTMENT OF TAXATION AND FINANCE ARE AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE. § 5. Paragraph (b) of subdivision 3 of section 27-1011 of the environ- mental conservation law, as added by section 1 of part PP of chapter 58 of the laws of 2018, is amended and a new subdivision 4 is added to read as follows: S. 4008--B 140 (b) comply with minimum post-consumer recycled material content and hole diameter limitations as defined in rules and regulations promulgat- ed by the department NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FIVE, and is recyclable and indicates a resin identification code. 4. (A) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, EVERY GLASS BEVERAGE CONTAINER SHALL CONTAIN A MINIMUM PERCENTAGE OF THIRTY-FIVE PERCENT POST-CONSUMER GLASS AND EVERY ALUMINUM BEVERAGE CONTAINER SHALL CONTAIN A MINIMUM PERCENTAGE OF THIRTY-FIVE PERCENT POST-CONSUMER ALUMI- NUM. (B) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-NINE, EVERY POLYETHY- LENE TEREPHTHALATE (PET) BEVERAGE CONTAINER SHALL CONTAIN NO LESS THAN TWENTY-FIVE PERCENT POST-CONSUMER PET. (C) EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTY-ONE, EVERY PLASTIC BEVERAGE CONTAINER SHALL CONTAIN NO LESS THAN THIRTY PERCENT POST-CON- SUMER PLASTIC. (D) THE DEPARTMENT MAY, BY REGULATION, GRANT A REDUCTION OR WAIVER OF THE PERCENTAGE REQUIREMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION IF THE DEPARTMENT FINDS AND DETERMINES THAT IT IS TECHNOLOGICALLY INFEASI- BLE FOR THE BOTTLER TO ACHIEVE THE SPECIFIED PERCENT REQUIREMENT. § 6. Paragraph c of subdivision 3 of section 27-1012 of the environ- mental conservation law, as added by section 8 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: c. all withdrawals from the refund value account during such quarter, including all reimbursements paid pursuant to subdivision two of this section, all service charges on the account, PROVIDED THAT SUCH SERVICE CHARGES DO NOT EXCEED THE MAXIMUM AMOUNT AUTHORIZED BY THE COMMISSIONER, and all payments made pursuant to subdivision four of this section; and § 7. Paragraph a of subdivision 4 of section 27-1012 of the environ- mental conservation law, as added by section 8 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: a. Quarterly payments. An amount equal to eighty percent of the balance outstanding in the refund value account at the close of each quarter shall be paid to the commissioner of taxation and finance at the time the report provided for in subdivision three of this section is required to be filed. The commissioner of taxation and finance may require that the payments be made electronically. The remaining twenty percent of the balance outstanding at the close of each quarter shall be the monies of the deposit initiator and may be withdrawn from such account by the deposit initiator. HOWEVER, UNTIL APRIL FIRST, TWO THOU- SAND TWENTY-EIGHT, A DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON REFILL- ABLE BEVERAGE CONTAINERS OR BEVERAGE CONTAINERS WITH A STATE-SPECIFIC UNIVERSAL PRODUCT CODE MAY BE ENTITLED TO PAY AN AMOUNT EQUAL TO SEVEN- TY-FIVE PERCENT OF THE BALANCE OUTSTANDING IN THE REFUND VALUE ACCOUNT SPECIFICALLY ATTRIBUTABLE TO REFILLABLE BEVERAGE CONTAINERS OR BEVERAGE CONTAINERS BEARING SUCH PRODUCT CODE AT THE CLOSE OF EACH QUARTER TO THE COMMISSIONER OF TAXATION AND FINANCE AT THE TIME THE REPORT PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION IS REQUIRED TO BE FILED. NO LATER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-SEVEN, THE COMMISSIONER OF TAXA- TION AND FINANCE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLA- TURE REGARDING THE IMPLEMENTATION OF THE STATE-SPECIFIC UNIVERSAL PROD- UCT CODE AND AN EVALUATION OF ITS EFFECTIVENESS IN DECREASING FRAUD. If the provisions of this section with respect to such account have not been fully complied with, each deposit initiator shall pay to such commissioner at such time, in lieu of the amount described in the preceding sentence, an amount equal to the balance which would have been S. 4008--B 141 outstanding on such date had such provisions been fully complied with. The commissioner of taxation and finance may require that the payments be made electronically. § 8. Subdivision 12 of section 27-1012 of the environmental conserva- tion law, as amended by section 6 of part F of chapter 58 of the laws of 2013, is amended to read as follows: 12. a. Each deposit initiator shall provide a report to the department describing all the types of beverage containers on which it initiates deposits. The report shall include the product name, type of beverage, size and composition of the beverage container, universal product code, THE PRESENCE OF ANY STATE-SPECIFIC UNIVERSAL PRODUCT CODE AND THE PERCENTAGE OF PRODUCTS COVERED BY SUCH CODE, THE METHODS USED TO PREVENT THE FRAUDULENT SALE AND REDEMPTION OF BEVERAGE CONTAINERS, and any other information the department may require. Upon request, a deposit initi- ator shall also provide to the department a copy of the container label or a picture of any beverage container sold or offered for sale in this state on which it initiates a deposit. Such information shall be provided in a form as prescribed by the department. The department may require that such forms be filed electronically. b. A bottler may place on a beverage container a STATE-SPECIFIC universal product code [or other distinctive marking that is specific to the state or used only in the state and any other states with laws substantially similar to this title] as a means of preventing the sale or redemption of beverage containers on which no deposit was initiated. c. A bottler or deposit initiator shall notify the department, in a form prescribed by the department, whenever a beverage container or beverage container label is revised by altering the universal product code, or whenever the container on which a universal product code appears is changed in size, composition or glass color, or whenever the container or container label on which a universal product code appears is changed to include a STATE-SPECIFIC universal product code [that is unique to the state or used only in the state and any other states with laws substantially similar to this title]. § 9. Section 27-1014 of the environmental conservation law, as amended by section 10 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: § 27-1014. Authority to promulgate rules and regulations. In addition to the authority of the commissioner, under sections 27-1007, 27-1009, 27-1011, 27-1012, and 27-1013 of this title, the commissioner shall have the power to promulgate rules and regulations necessary and appropriate for the administration of this title. § 10. Section 27-1005 of the environmental conservation law, as added by section 4 of part SS of chapter 59 of the laws of 2009, is amended to read as follows: § 27-1005. Refund value. No person shall sell or offer for sale a beverage container in this state unless the deposit on such beverage container is or has been collected by a registered deposit initiator and unless such container has a refund value of not less than five cents, AND BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-SIX A REFUND VALUE OF NOT LESS THAN TEN CENTS, which is clearly indicated thereon as provided in section 27-1011 of this title. § 11. This act shall take effect April 1, 2025; provided, however, that section two of this act shall take effect April 1, 2026. Effective immediately, the addition, amendment and/or repeal of any rule or regu- lation necessary for the implementation of this act on its effective S. 4008--B 142 date are authorized to be made and completed on or before such effective date. PART III Section 1. The department of economic development, in conjunction with the empire state development corporation, the department of education, the office of parks, recreation and historic preservation, the depart- ment of environmental conservation, the department of state, and the New York state council on the arts, is hereby directed to conduct a compre- hensive study on public and private museums in the state. Such study shall include, but not be limited to: 1. taking a census of public and private museums in the state, includ- ing information on the size, hours of operation, visitor statistics, funding sources and amounts, and the subjects of the museums' collections, of the many museums throughout the state. 2. identifying the benefits, shortfalls and consequences of the different sources of support museums receive publicly and those they must find privately. 3. providing information and recommendations so as to inform the legislature of the adequacy of public and private sources of the funding for museums in the state and to serve current and future funding needs, recommend systems of support to best ensure equitable distribution of such funds, regardless of discipline, budget size, or location, and the continued accessibility and availability of museums promoting a general interest in cultural and historical topics, fine arts, physical and natural sciences, technology, engineering and mathematics, and to deter- mine the feasibility of a single reporting system that includes active oversight. § 2. A report of the findings of such study, recommendations, and any proposed legislation necessary to implement such recommendations shall be filed with the governor, the temporary president of the senate, and the speaker of the assembly within one year after the effective date of this act. § 3. This act shall take effect immediately. PART JJJ Section 1. This act shall be known and may be cited as the "climate change superfund act". § 2. Legislative findings. The legislature finds and declares the following: 1. Climate change, resulting primarily from the combustion of fossil fuels, is an immediate, grave threat to the state's communities, envi- ronment, and economy. In addition to mitigating the further buildup of greenhouse gases, the state must take action to adapt to certain conse- quences of climate change that are irreversible, including rising sea levels, increasing temperatures, extreme weather events, flooding, heat waves, toxic algal blooms and other climate-change-driven threats. Maintaining New York's quality of life into the future, particularly for young people, who will experience greater impacts from climate change over their lifetimes, will be one of the state's greatest challenges over the next three decades. Meeting that challenge will require a shared commitment of purpose and huge investments in new or upgraded infrastructure and the transition to a green economy. S. 4008--B 143 2. New York has previously adopted programs now in place - the inac- tive hazardous waste disposal site (state superfund) program and the oil spill fund - to remediate environmental damage to lands and waters based on the principle that, where possible, the entities responsible for environmental damage should pay for its cleanup. No similar program exists yet for the pollution of the atmosphere by greenhouse gas buildup as a result of burning fossil fuels. 3. Based on decades of research it is now possible to determine with great accuracy the share of greenhouse gases released into the atmos- phere by specific fossil fuel companies over the last 70 years or more, making it possible to assign liability to and require compensation from companies commensurate with their emissions during a given time period. 4. It is the intent of the legislature to establish a climate change cost recovery program that will require companies that have contributed significantly to the buildup of climate change-driving greenhouse gases in the atmosphere to bear a proportionate share of the cost of invest- ments required to address the impacts of climate change in New York state. 5. a. The obligation to pay under the program is based on the fossil fuel companies' historic contribution to the buildup of greenhouse gases that is largely responsible for climate change. The program operates under a standard of strict liability; companies are required to pay into the fund because the use of their products caused the pollution. No finding of wrongdoing is required. b. Nonetheless, the legislature recognizes that the actions of many of the biggest fossil fuel companies have been unconscionable, closely reflecting the strategy of denial, deflection, and delay used by the tobacco industry. In spite of the information provided by their own scientists that the continued burning of fossil fuels would have catastrophic results, these companies hid the truth from the public and actively spread false information that the science of climate change was uncertain when in fact it was beyond controversy. This breach of the public trust was breathtaking in its scope and consequences, and it continues to this day. c. Since 2022, the fossil fuel industry has taken advantage of several overlapping global crises to earn immense profits, charging record high prices while aggressively rejecting any responsibility for the costs of its business activities. While all the profits accrue to the companies, all of the costs of climate change are paid by taxpayers and individ- uals. This is a market failure that needs to be addressed through policy change. 6. Payments by historical polluters would be used to build climate resiliency through new or upgraded infrastructure assets, to help socie- ty adapt by supporting the transition to a clean energy economy, and to compensate individuals and businesses for losses related to climate change and the costs associated with the need to transition away from the fossil fuels which have contributed to climate change, all of which are necessary to protect the public safety and welfare in the face of the growing impacts of climate change. At least 35%, with a goal of at least 40% of the overall benefits of program spending would directly benefit disadvantaged communities. 7. This act is not intended to intrude on the authority of the federal government in areas where it has preempted the right of the states to legislate. This act is remedial in nature, seeking compensation for damages resulting from the past actions of polluters. S. 4008--B 144 § 3. The environmental conservation law is amended by adding a new article 76 to read as follows: ARTICLE 76 CLIMATE CHANGE COST RECOVERY PROGRAM SECTION 76-0101. DEFINITIONS. 76-0103. THE CLIMATE CHANGE COST RECOVERY PROGRAM. § 76-0101. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "APPLICABLE PAYMENT DATE" MEANS SEPTEMBER THIRTIETH OF THE SECOND CALENDAR YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE IS ENACTED INTO LAW. 2. "COAL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 3. "CONTROLLED GROUP" MEANS TWO OR MORE ENTITIES TREATED AS A SINGLE EMPLOYER UNDER SECTION 52(A) OR (B) OR SECTION 414(M) OR (O) OF THE INTERNAL REVENUE CODE. IN APPLYING SUBSECTIONS (A) AND (B) OF SECTION 52, SECTION 1563 OF THE INTERNAL REVENUE CODE SHALL BE APPLIED WITHOUT REGARD TO SUBSECTION(B)(2)(C). FOR PURPOSES OF THIS ARTICLE, ENTITIES IN A CONTROLLED GROUP ARE TREATED AS A SINGLE ENTITY FOR PURPOSES OF MEET- ING THE DEFINITION OF RESPONSIBLE PARTY AND ARE JOINTLY AND SEVERALLY LIABLE FOR PAYMENT OF ANY COST RECOVERY DEMAND OWED BY ANY ENTITY IN THE CONTROLLED GROUP. 4. "COST RECOVERY DEMAND" MEANS A CHARGE ASSERTED AGAINST A RESPONSI- BLE PARTY FOR COST RECOVERY PAYMENTS UNDER THE PROGRAM FOR PAYMENT TO THE FUND. 5. "COVERED GREENHOUSE GAS EMISSIONS" MEANS, WITH RESPECT TO ANY ENTI- TY, THE TOTAL QUANTITY OF GREENHOUSE GASES RELEASED INTO THE ATMOSPHERE DURING THE COVERED PERIOD, EXPRESSED IN METRIC TONS OF CARBON DIOXIDE EQUIVALENT AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO RELEASES OF GREENHOUSE GASES RESULTING FROM THE EXTRACTION, STORAGE, PRODUCTION, REFINEMENT, TRANSPORT, MANUFACTURE, DISTRIBUTION, SALE, AND USE OF FOSSIL FUELS OR PETROLEUM PRODUCTS EXTRACTED, PRODUCED, REFINED, OR SOLD BY SUCH ENTITY. 6. "COVERED PERIOD" MEANS THE PERIOD THAT BEGAN JANUARY FIRST, TWO THOUSAND AND ENDED ON DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN. 7. "CRUDE OIL" MEANS OIL OR PETROLEUM OF ANY KIND AND IN ANY FORM, INCLUDING BITUMEN, OIL SANDS, HEAVY OIL, CONVENTIONAL AND UNCONVENTIONAL OIL, SHALE OIL, NATURAL GAS LIQUIDS, CONDENSATES, AND RELATED FOSSIL FUELS. 8. "ENTITY" MEANS ANY INDIVIDUAL, TRUSTEE, AGENT, PARTNERSHIP, ASSOCI- ATION, CORPORATION, COMPANY, MUNICIPALITY, POLITICAL SUBDIVISION, OR OTHER LEGAL ORGANIZATION, INCLUDING A FOREIGN NATION, THAT HOLDS OR HELD AN OWNERSHIP INTEREST IN A FOSSIL FUEL BUSINESS DURING THE COVERED PERI- OD. 9. "FOSSIL FUEL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 10. "FOSSIL FUEL BUSINESS" MEANS A BUSINESS ENGAGING IN THE EXTRACTION OF FOSSIL FUELS OR THE REFINING OF PETROLEUM PRODUCTS. 11. "FUEL GASES" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 12. "FUND" MEANS THE CLIMATE AND COMMUNITY PROTECTION FUND. 13. "GREENHOUSE GAS" SHALL HAVE THE SAME DEFINITION AS IN SECTION 75-0101 OF THIS CHAPTER. S. 4008--B 145 14. "NOTICE OF COST RECOVERY DEMAND" MEANS THE WRITTEN COMMUNICATION INFORMING A RESPONSIBLE PARTY OF THE AMOUNT OF THE COST RECOVERY DEMAND PAYABLE TO THE FUND. 15. "PETROLEUM PRODUCTS" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 16. "PROGRAM" MEANS THE CLIMATE CHANGE COST RECOVERY PROGRAM ESTAB- LISHED UNDER SECTION 76-0103 OF THIS ARTICLE. 17. "RESPONSIBLE PARTY" MEANS ANY ENTITY (OR A SUCCESSOR IN INTEREST TO SUCH ENTITY DESCRIBED HEREIN), WHICH, DURING ANY PART OF THE COVERED PERIOD, WAS ENGAGED IN THE TRADE OR BUSINESS OF EXTRACTING FOSSIL FUEL OR REFINING CRUDE OIL AND IS DETERMINED BY THE DEPARTMENT TO BE RESPON- SIBLE FOR MORE THAN ONE BILLION TONS OF COVERED GREENHOUSE GAS EMIS- SIONS. THE TERM RESPONSIBLE PARTY SHALL NOT INCLUDE ANY PERSON WHO LACKS SUFFICIENT CONNECTION WITH THE STATE TO SATISFY THE NEXUS REQUIREMENTS OF THE UNITED STATES CONSTITUTION. § 76-0103. THE CLIMATE CHANGE COST RECOVERY PROGRAM. 1. THERE IS HEREBY ESTABLISHED A CLIMATE CHANGE COST RECOVERY PROGRAM ADMINISTERED BY THE DEPARTMENT. 2. THE PURPOSES OF THE PROGRAM SHALL BE THE FOLLOWING: A. TO SECURE COMPENSATORY PAYMENTS FROM RESPONSIBLE PARTIES BASED ON A STANDARD OF STRICT LIABILITY TO PROVIDE A SOURCE OF REVENUE FOR ADDRESS- ING THE CONSEQUENCES OF CLIMATE CHANGE WITHIN THE STATE. B. TO DETERMINE PROPORTIONAL LIABILITY OF RESPONSIBLE PARTIES PURSUANT TO SUBDIVISION THREE OF THIS SECTION; C. TO IMPOSE COST RECOVERY DEMANDS ON RESPONSIBLE PARTIES AND ISSUE NOTICES OF COST RECOVERY DEMANDS; D. TO ACCEPT AND COLLECT PAYMENT FROM RESPONSIBLE PARTIES; AND E. TO TRANSFER FUNDS TO THE CLIMATE AND COMMUNITY PROTECTION FUND. 3. A. A RESPONSIBLE PARTY SHALL BE STRICTLY LIABLE, WITHOUT REGARD TO FAULT, FOR A SHARE OF THE COSTS OF CLIMATE CHANGE TO THE STATE, AS ADDRESSED BY PROGRAMS SUPPORTED BY THE FUND. B. WITH RESPECT TO EACH RESPONSIBLE PARTY, THE COST RECOVERY DEMAND SHALL BE EQUAL TO AN AMOUNT THAT BEARS THE SAME RATIO TO SEVENTY-FIVE BILLION DOLLARS AS THE RESPONSIBLE PARTY'S APPLICABLE SHARE OF COVERED GREENHOUSE GAS EMISSIONS BEARS TO THE AGGREGATE APPLICABLE SHARES OF COVERED GREENHOUSE GAS EMISSIONS OF ALL RESPONSIBLE PARTIES. C. THE APPLICABLE SHARE OF COVERED GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT UNDER THIS SECTION FOR ANY RESPONSIBLE PARTY SHALL BE THE AMOUNT BY WHICH THE COVERED GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO SUCH RESPONSIBLE PARTY EXCEEDS ONE BILLION METRIC TONS. D. WHERE AN ENTITY OWNS A MINORITY INTEREST IN ANOTHER ENTITY OF TEN PERCENT OR MORE, THE CALCULATION OF THE ENTITY'S APPLICABLE SHARE OF GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT UNDER THIS SECTION SHALL INCLUDE THE APPLICABLE SHARE OF GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT UNDER THIS SECTION BY THE ENTITY IN WHICH THE RESPONSIBLE PARTY HOLDS A MINORITY INTEREST, MULTIPLIED BY THE PERCENTAGE OF THE MINORITY INTEREST HELD. E. IN DETERMINING THE AMOUNT OF GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO ANY ENTITY, AN AMOUNT EQUIVALENT TO NINE HUNDRED FORTY-TWO AND ONE- HALF METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS RELEASED FOR EVERY MILLION POUNDS OF COAL ATTRIBUTABLE TO SUCH ENTITY; AN AMOUNT EQUIVALENT TO FOUR HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED EIGHTY METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS RELEASED FOR EVERY MILLION BARRELS OF CRUDE OIL ATTRIBUTABLE TO SUCH ENTITY; AND AN AMOUNT EQUIVALENT TO FIFTY-THREE THOUSAND FOUR HUNDRED FORTY METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS S. 4008--B 146 RELEASED FOR EVERY MILLION CUBIC FEET OF FUEL GASES ATTRIBUTABLE TO SUCH ENTITY. F. THE COMMISSIONER MAY ADJUST THE COST RECOVERY DEMAND AMOUNT OF A RESPONSIBLE PARTY REFINING PETROLEUM PRODUCTS (OR WHO IS A SUCCESSOR IN INTEREST TO SUCH AN ENTITY) IF SUCH RESPONSIBLE PARTY ESTABLISHES TO THE SATISFACTION OF THE COMMISSIONER THAT A PORTION OF THE COST RECOVERY DEMAND AMOUNT WAS ATTRIBUTABLE TO THE REFINING OF CRUDE OIL EXTRACTED BY ANOTHER RESPONSIBLE PARTY (OR WHO IS A SUCCESSOR IN INTEREST TO SUCH AN ENTITY) THAT ACCOUNTED FOR SUCH CRUDE OIL IN DETERMINING ITS COST RECOV- ERY DEMAND AMOUNT. G. PAYMENT OF A COST RECOVERY DEMAND SHALL BE MADE IN FULL ON THE APPLICABLE PAYMENT DATE UNLESS A RESPONSIBLE PARTY ELECTS TO PAY IN INSTALLMENTS PURSUANT TO PARAGRAPH H OF THIS SUBDIVISION. H. A RESPONSIBLE PARTY MAY ELECT TO PAY THE COST RECOVERY DEMAND AMOUNT IN TWENTY-FOUR ANNUAL INSTALLMENTS, EIGHT PERCENT OF THE TOTAL DUE IN THE FIRST INSTALLMENT AND FOUR PERCENT OF THE TOTAL DUE IN EACH OF THE FOLLOWING TWENTY-THREE INSTALLMENTS. IF AN ELECTION IS MADE UNDER THIS PARAGRAPH, THE FIRST INSTALLMENT SHALL BE PAID ON THE APPLICABLE PAYMENT DATE AND EACH SUBSEQUENT INSTALLMENT SHALL BE PAID ON THE SAME DATE AS THE APPLICABLE PAYMENT DATE IN EACH SUCCEEDING YEAR. I. IF THERE IS ANY ADDITION TO THE ORIGINAL AMOUNT OF THE COST RECOV- ERY DEMAND FOR FAILURE TO TIMELY PAY ANY INSTALLMENT REQUIRED UNDER THIS SUBDIVISION, A LIQUIDATION OR SALE OF SUBSTANTIALLY ALL THE ASSETS OF THE RESPONSIBLE PARTY (INCLUDING IN A PROCEEDING UNDER U.S. CODE: TITLE 11 OR SIMILAR CASE), A CESSATION OF BUSINESS BY THE RESPONSIBLE PARTY, OR ANY SIMILAR CIRCUMSTANCE, THEN THE UNPAID BALANCE OF ALL REMAINING INSTALLMENTS SHALL BE DUE ON THE DATE OF SUCH EVENT (OR IN THE CASE OF A PROCEEDING UNDER U.S. CODE: TITLE 11 OR SIMILAR CASE, ON THE DAY BEFORE THE PETITION IS FILED). THE PRECEDING SENTENCE SHALL NOT APPLY TO THE SALE OF SUBSTANTIALLY ALL OF THE ASSETS OF A RESPONSIBLE PARTY TO A BUYER IF SUCH BUYER ENTERS INTO AN AGREEMENT WITH THE DEPARTMENT UNDER WHICH SUCH BUYER IS LIABLE FOR THE REMAINING INSTALLMENTS DUE UNDER THIS SUBDIVISION IN THE SAME MANNER AS IF SUCH BUYER WERE THE RESPONSIBLE PARTY. 4. A. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPARTMENT SHALL PROMULGATE SUCH REGULATIONS AS ARE NECESSARY TO CARRY OUT THIS ARTICLE, INCLUDING BUT NOT LIMITED TO: I. ADOPTING METHODOLOGIES USING THE BEST AVAILABLE SCIENCE TO DETER- MINE RESPONSIBLE PARTIES AND THEIR APPLICABLE SHARE OF COVERED GREEN- HOUSE GAS EMISSIONS CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE; II. REGISTERING ENTITIES THAT ARE RESPONSIBLE PARTIES UNDER THE PROGRAM; III. ISSUING NOTICES OF COST RECOVERY DEMAND TO RESPONSIBLE PARTIES INFORMING THEM OF THE COST RECOVERY DEMAND AMOUNT; HOW AND WHERE COST RECOVERY DEMANDS CAN BE PAID; THE POTENTIAL CONSEQUENCES OF NONPAYMENT AND LATE PAYMENT; AND INFORMATION REGARDING THEIR RIGHTS TO CONTEST AN ASSESSMENT; AND IV. ACCEPTING PAYMENTS FROM, PURSUING COLLECTION EFFORTS AGAINST, AND NEGOTIATING SETTLEMENTS WITH RESPONSIBLE PARTIES. B. THE DEPARTMENT SHALL HOLD AT LEAST TWO PUBLIC HEARINGS, ONE IN-PER- SON AND ONE VIRTUAL, ON PROPOSED REGULATIONS, WITH A MINIMUM OF THIRTY DAYS' PUBLIC NOTICE IN COMPLIANCE WITH THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. 5. THE DEPARTMENT, THE DEPARTMENT OF TAXATION AND FINANCE, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS ARTICLE. S. 4008--B 147 6. THE DEPARTMENT OR THE DEPARTMENT OF TAXATION AND FINANCE SHALL PROVIDE AN OPPORTUNITY TO BE HEARD TO ANY RESPONSIBLE PARTIES THAT SEEK TO CONTEST A COST RECOVERY DEMAND. DETERMINATIONS MADE IN FAVOR OF A PETITIONER AFTER SUCH HEARING SHALL BE FINAL AND CONCLUSIVE. A DETERMI- NATION IN FAVOR OF THE STATE MAY BE APPEALED UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. 7. MONEYS RECEIVED FROM COST RECOVERY DEMANDS SHALL BE DEPOSITED IN THE CLIMATE AND COMMUNITY PROTECTION FUND. 8. A. THE DEPARTMENT SHALL CONDUCT AN INDEPENDENT EVALUATION OF THE CLIMATE CHANGE COST RECOVERY PROGRAM. THE PURPOSE OF THIS EVALUATION IS TO DETERMINE THE EFFECTIVENESS OF THE PROGRAM IN ACHIEVING ITS PURPOSES AS DEFINED IN SUBDIVISION TWO OF THIS SECTION. B. SUCH EVALUATION SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JANUARY FIRST OF THE SECOND CALENDAR YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE IS ENACTED INTO LAW, AND ANNUALLY ON OR BEFORE SEPTEMBER THIRTIETH THEREAFTER. C. ANY ENTITY CONTRACTED BY THE DEPARTMENT TO CONDUCT SUCH EVALUATION SHALL RECEIVE PROMPT PAYMENT OF ALL MONEYS DUE UPON COMPLETION OF SUCH EVALUATION. § 4. Availability of additional remedies. Nothing in this act shall be deemed to preclude the pursuit of a civil action or other remedy by any person. The remedies provided in this act are in addition to those provided by existing statutory or common law. § 5. 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. § 6. Construction. This act, being necessary for the general health, safety, and welfare of the people of this state, shall be liberally construed to effect its purpose. § 7. This act shall take effect immediately. PART KKK Section 1. Subdivision 2 of section 15-0501 of the environmental conservation law, as amended by chapter 233 of the laws of 1979, is amended to read as follows: 2. For the purposes of this section, stream shall mean that portion of any fresh surface watercourse, except lakes or ponds having a surface area greater than ten acres at mean low water level, for which the department has adopted or may hereafter adopt pursuant to section 17-030l, any of the following classifications or standards: AA and AA (T), A and A (T), B and B (T), C AND C (T) Small ponds or lakes with a surface area at mean low water level of ten acres or less, located in the course of a stream, shall be consid- ered a part of the stream and subject to regulation under this section. § 2. Subdivision 4 of section 15-0501 of the environmental conserva- tion law, as amended by chapter 233 of the laws of 1979, is amended to read as follows: S. 4008--B 148 4. A. No permit under this section shall be required of any local public corporation which has entered into a written memorandum of under- standing with the department establishing the plan of operation to be followed in carrying out projects or work affecting water courses so as to afford proper protection to the public beneficial uses of such water courses. B. NO PERMIT UNDER THIS SECTION WITH RESPECT TO ANY STREAM WITH A CLASSIFICATION OF C SHALL BE REQUIRED OF A SOIL AND WATER CONSERVATION DISTRICT AS DEFINED IN SUBDIVISION ONE OF SECTION THREE OF THE SOIL AND WATER CONSERVATION DISTRICTS LAW WHICH HAS ENTERED INTO A WRITTEN MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT ESTABLISHING THE PLAN OF OPERATION TO BE FOLLOWED IN CARRYING OUT PROJECTS OR WORK AFFECTING SUCH WATER COURSES SO AS TO AFFORD PROPER PROTECTION TO THE PUBLIC BENE- FICIAL USES OF SUCH WATER COURSES. § 3. This act shall take effect on the ninetieth day after it shall have become a law. PART LLL Section 1. Legislative findings and declaration. In response to the COVID-19 pandemic, chapters 108 and 126 of the laws of 2020 were adopted to ensure that New Yorkers would not be deprived of gas, electric, water service, helping households follow the vital state policy of "sheltering in place." The moratorium prohibited termination of utility services at a pivotal moment when it became evident that sanitary conditions were required to combat the COVID-19 virus and keep New Yorkers safe and healthy, especially seniors and the medically vulnerable. The legisla- ture finds and declares that it is unknown to the state the number of New Yorkers who had their services terminated or disconnected during the pandemic. The legislature finds that many utility customers rely on continuous service for heat, water, and electricity to power necessary equipment, such as life-saving health care devices and other New Yorkers require cooling during extreme heat conditions and heat during extreme cold conditions, particularly when congregate care cooling and heating facilities are not safe for use by medically vulnerable households. The legislature finds that the state requires comprehensive data concerning New Yorkers' ability to afford utility service, including the number of New Yorkers who had their services terminated or who are currently at risk of termination during the pandemic. The legislature finds that this data is critical to ascertain the effectiveness of the moratorium and other COVID-19 consumer protections, as well as the disruptive effects that the pandemic has had on utility customers' finances, and utility finances and services, and the public health, safety and welfare of millions of medically and financially vulnerable citizens. The legisla- ture also finds that the permanent collection and reporting of utility data is imperative to gain regular updates on and evaluate trends concerning the scale and extent of terminations and utility debt across the state, so that evidence-based policy can be properly crafted there- after. § 2. 1. As used in this act: a. "Assistance program" shall mean any program offered to eligible low-income customers to assist with the costs of electricity, gas, and water, including but not limited to the low-income home energy assist- ance program, any low-income affordability plans as provided by public service commission case number 14-M-0565, and/or any other financial S. 4008--B 149 assistance program provided through or by New York state or individual utilities, counties or municipalities. b. "COVID-19 state of emergency" shall mean the state disaster emer- gency declared pursuant to executive order 202 of 2020. c. "Commission" shall mean the public service commission. d. "Municipality" shall have the same meaning as subdivision 16 of section 2 of the public service law and shall include potable water districts and potable water systems owned and/or operated by a city, town, village, authority or other governmental subdivision. e. "Utility" shall mean a municipality, utility corporation, steam corporation, water-works corporation, an electric corporation as defined in subdivision 13 of section 2 of the public service law, a gas corpo- ration as defined in subdivision 11 of section 2 of the public service law, a combination gas and electric corporation as defined in subdivi- sion 14 of section 2 of the public service law, a steam corporation as defined in subdivision 22 of section 2 of the public service law and any other community water system as defined in 10 NYCRR § 5-1.1. f. "Utility corporation" shall have the same meaning as subdivisions 23 and 24 of section 2 of the public service law. g. "Water-works corporation" shall have the same meaning as subdivi- sion 27 of section 2 of the public service law. 2. a. Every utility shall be subject to the jurisdiction of the public service commission for the purposes of enforcing the provisions of this act pursuant to sections 24, 25 and 26 of the public service law. The commission shall adjudicate complaints and conduct investigations for violation of this act in the manner provided by the provisions of arti- cle 2 of the public service law. b. Within 180 days after the effective date of this act, the commis- sion shall prepare and submit to the governor and the legislature a written report that shall make findings and recommendations concerning the affordability of electric, gas, and water services to commercial and residential customers in this state. An updated report shall be submit- ted one year after the commission has submitted such initial report to the governor and legislature. Without unreasonably exposing consumer personally identifiable information in a manner that violates public service law and public service commission practice or federal law, the reports shall include but not be limited to the following, with all information to be broken down by utility, type of service provided, month, customer class and county: (1) the number of customers and how that number compares to the previ- ous year's number of customers on the same month and day; (2) the number of disconnection notices sent due to non-payment, disconnections due to non-payment, reconnections of customers that were disconnected for non-payment, and how those numbers compare to the previous year on the same month and day; (3) the number of liens on real property placed, sold, or enforced due to non-payment, and how those numbers compare to the previous year on the same month and day, if applicable; (4) the number of customers in arrears by 1-90 days, 90-180 days, and greater than 180 days at the end of each month, the total dollar amount of arrears, and how those numbers compare to the previous year on the same month and day. Provided, however, that a utility or municipality may petition the commission, in a form and manner to be determined by the commission, to allow such utility or municipality to provide such data in an alternative format if the specificity set forth in this act cannot be obtained from an existing utility information technology S. 4008--B 150 system and such data would result in the increase of customer utility bills; (5) the number of customers that became eligible for disconnection due to bill non-payment but were not disconnected because of any legally mandated or voluntary suspension of disconnections due to the COVID-19 state of emergency, or for any other statutory, regulatory or voluntary reason irrespective of the COVID-19 emergency, or such other states of emergency as may follow the end of the COVID-19 emergency; (6) the number of customers enrolled in deferred payment agreements at the end of each month; (7) the number of customers that entered into, successfully completed, or defaulted from a deferred payment agreement, and how those numbers compare to the previous year on the same month and day; (8) available customer assistance programs, including terms of eligi- bility, and any enhancements to the programs that have been made or are planned to address actual or anticipated increased demand; (9) the number of customers that applied for financial assistance under each applicable assistance program, and how those numbers compare to the previous year on the same month and day; (10) the number of customers receiving assistance under each assist- ance program at the end of each month, the total dollar amount of assistance provided for arrears, the total dollar amount of assistance provided for current or future bills and the average amount per custom- er, and how those numbers compare to the previous year on the same month and day; (11) the number of customers charged late fees, penalties, recon- nection fees, interest, and any other charge associated with late payment of a bill; (12) the total dollar amount of late fees, penalties, interest, recon- nection fees and any other charge associated with late payment per customer, the average and median dollar amount billed to customer accounts and the average and median utility usage per customer account; (13) the methods and contents of general communications by utilities to customer accounts concerning their rights and available assistance programs, excluding any customer-specific communications; and (14) the commission's assessment of whether existing customer assist- ance programs are presently and will in the future be sufficient to meet the financial needs of customer accounts in arrears who are unable to pay those arrears in full, as well as the needs of customer accounts who may be unable to pay bills for current service. c. Following the commission's submission of the reports to the gover- nor and legislature such reports shall be posted on the commission's website and be subject to 30 days of public comment on affordability from the date of the submission to the governor and the legislature. The commission shall provide meaningful opportunities for public comment from all persons who will be impacted by findings of the commission, including persons living in disadvantaged communities and in rural communities across the state in entirety. Within 90 days of the submission of the initial report, the commission shall conduct at least five public hearings in different regions of the state, as defined by the empire state development corporation, and provide meaningful opportunity for comment. The public hearings may be held virtually. d. Each utility shall, within 90 days of the effective date of this act, submit to the commission, in a form and manner determined by the commission, the information required pursuant to paragraph b of this subdivision. Six months after the submission of the initial report to S. 4008--B 151 the governor and legislature, each utility shall submit to the commis- sion, in a form and manner determined by the commission, the information required pursuant to paragraph b of this subdivision. Each utility shall publish on its website the data it reports pursuant to this paragraph, simultaneously with submission of the data to the commission. 3. If the data required by this act cannot reasonably be obtained from an existing utility information technology system without an increase in customer utility bills, a utility or municipality may petition the commission, in a form and manner to be determined by the commission, to provide the required data in an alternative format. 4. The commission shall publish on its website the reports required pursuant to subdivision two of this section, simultaneously with the submission of each report. The reports shall include the information required pursuant to this section in a spreadsheet format. 5. Within 180 days of the effective date of this act, the commission shall require that utilities and/or municipalities establish appropriate financial assistance programs, allowing for the payback of customer arrears resulting from the COVID-19 state of emergency through twenty- four month or thirty-six month payment plans. § 3. 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. § 4. This act shall take effect immediately. PART MMM Section 1. Short title. This act shall be known and may be cited as the "NY Home Energy Affordable Transition Act". § 2. Legislative findings. The legislature finds and declares that: 1. The Climate Leadership and Community Protection Act (the "CLCPA") created legal mandates for dramatic greenhouse gas emission reductions from all sectors of New York's economy. The CLCPA also emphasizes equity in addressing climate change by requiring all state agencies and author- ities to prioritize reductions of greenhouse gas emissions and co-pollu- tants in disadvantaged communities and by mandating that certain state investments deliver benefits to these communities. 2. Buildings are New York's largest source of greenhouse gas emis- sions, accounting for approximately one-third of the greenhouse gas emissions in our state. New York state's buildings also produce more local air pollution than any other state in the country, resulting in negative health outcomes such as increased rates of asthma, particularly among children, and heart disease. Therefore, reducing greenhouse gas emissions and toxic air pollution emitted from New York's buildings, especially in disadvantaged communities, is necessary to meet the CLCPA mandates. 3. To meet the state's bold climate and equity mandates, New York will need to update how it regulates gas utility service. Doing so will enable strategic planning and investments in neighborhood-scale building decarbonization and help bring the statewide gas distribution system into alignment with the two thousand thirty and two thousand fifty S. 4008--B 152 greenhouse gas emission reduction mandates in the CLCPA through an orderly and equitable process, coordinated with appropriate investments in the electric system to ensure all New Yorkers have non-discriminato- ry, affordable access to the energy needed for heating, cooling, and powering the buildings in which they live and work. 4. The New York public service law not only contains barriers to neighborhood-scale building decarbonization solutions such as thermal energy networks, but also works at cross purposes with the state's climate and affordability goals, by requiring and subsidizing the continued expansion of natural gas infrastructure. a. The gas utility obligation to serve codified in the public service law is a major obstacle to utilities developing neighborhood-scale building decarbonization projects that would facilitate bringing the gas system into alignment with the two thousand thirty and two thousand fifty greenhouse gas emission reduction mandates in the CLCPA in a manner that can mitigate costs for all utility customers, reduces green- house gas emissions and co-pollutants impacting local air quality, and provides a transition for impacted workers. b. Statutorily mandated utility system extension allowances require existing ratepayers to subsidize gas infrastructure hookups for new customers. According to a recent joint filing with the Public Service Commission by the New York state gas utilities, these required allow- ances cost gas utilities hundreds of millions of dollars per year. These costs are passed directly to existing gas customers. c. Gas utilities in New York are on track to collectively spend $150 billion to replace thousands of miles of leak prone pipe in the coming years. These investments pose a risk of becoming stranded assets, with $77 billion of the total cost coming due after 2050, but can be avoided in many cases by strategically investing in neighborhood-scale decarbon- ization projects. 5. New Yorkers are suffering from dramatic fossil fuel price spikes driven by the increasingly integrated global commodity market, subject to the whims of foreign dictators such as Russia's Vladimir Putin or Saudi Arabia's Prince Mohammed bin Salman. Fossil fuel prices have spiked to historic high levels, making both electricity and gas utility service unaffordable for many New Yorkers. Decarbonizing buildings through the strategic development of neighborhood-scale building decar- bonization projects, along with investing in energy efficiency and renewable electricity, will save New Yorkers money now and in the future, protect against price volatility, and promote true energy inde- pendence for New York state. 6. Fossil fuel price spikes are exacerbating the affordability impacts of the COVID-19 Pandemic. Over a million households in New York now struggle to pay their utility bills. The Public Service Commission has declared, but not yet achieved, a goal that customers should not pay more than 6% of their income for utility energy services, a number based on a nationally accepted standard. 7. Thus, it is the intent of the legislature to enact the NY Home Energy Affordable Transition Act for the following purposes: a. to ensure that the public service law regarding regulation and oversight of gas utilities will provide for the timely and strategic decarbonization and right-sizing of the gas distribution system in a just and affordable manner as required to meet the climate justice and emission reduction mandates of the CLCPA, appropriately balancing rate- payers' needs and interests with the maintenance of financially sound S. 4008--B 153 utilities, prioritizing low-to-moderate income customers and disadvan- taged communities, and encouraging neighborhood-scale transitions; b. to provide the Public Service Commission with the statutory author- ity and direction to align utility regulations and planning with the CLCPA climate justice and emission reduction mandates and to require the Public Service Commission to take a proactive role in the timely iden- tification and amendment of such regulations or rulings as may pose an impediment to achieving CLCPA mandates, and to identify any laws that may pose an impediment; c. to end statutorily mandated, ratepayer-subsidized incentives for the expansion of fossil fuel infrastructure while maintaining the equi- table provision of electric service for efficient heating, cooling, cooking, hot water, and other uses; d. to provide affordable access to electricity for heating and cooling and to protect low-income and moderate-income customers from undue burdens as they decarbonize their buildings; and e. to clarify that municipal building codes regulating on-site emis- sions are not preempted under New York state law. 8. This legislation does not establish a ban on the use of gas. It is neither the intent nor would it be the effect of this legislation to require the immediate transition of any existing gas customer to alter- native heating and cooling services. § 3. Subdivision 1 of section 4 of the public service law, as amended by chapter 594 of the laws of 2021, is amended to read as follows: 1. There shall be in the department of public service a public service commission, which shall possess the powers and duties hereinafter speci- fied, and also all powers necessary or proper to enable it to carry out the purposes of this chapter AND TO ENABLE ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNC- TION AS MAY ARISE FROM TIME TO TIME. The commission shall consist of five members, to be appointed by the governor, by and with the advice and consent of the senate. A commissioner shall be designated as [chair- man] CHAIRPERSON of the commission by the governor to serve in such capacity at the pleasure of the governor or until his OR HER term as commissioner expires whichever first occurs. At least one commissioner shall have experience in utility consumer advocacy. No more than three commissioners may be members of the same political party unless, pursu- ant to action taken under subdivision two of this section, the number of commissioners shall exceed five, and in such event no more than four commissioners may be members of the same political party. § 4. Subdivisions 1 and 2 of section 5 of the public service law, subdivision 1 as amended and subdivision 2 as added by chapter 155 of the laws of 1970, paragraph i of subdivision 1 as added by chapter 375 of the laws of 2022, are amended to read as follows: 1. The jurisdiction, supervision, powers and duties of the public service commission shall extend under this chapter: [b.] A. To the manufacture, conveying, transportation, sale or distribution of gas (natural or manufactured or mixture of both) and electricity for light, heat, COOLING, or power, to gas plants and to electric plants and to the persons or corporations owning, leasing or operating the same. [c.] B. To the manufacture, holding, distribution, transmission, sale or furnishing of steam for heat or power, to steam plants and to the persons or corporations owning, leasing or operating the same. S. 4008--B 154 [d.] C. To every telephone line which lies wholly within the state and that part within the state of New York of every telephone line which lies partly within and partly without the state and to the persons or corporations owning, leasing or operating any such telephone line. [e.] D. To every telegraph line which lies wholly within the state and that part within the state of New York of every telegraph line which lies partly within and partly without the state and to the persons or corporations owning, leasing or operating any such telegraph line. [f.] E. To the furnishing or distribution of water for domestic, commercial or public uses and to water systems and to the persons or corporations owning, leasing or operating the same. [g.] F. To every stock yard within the state and to the stock yard company owning, leasing or operating the same, to the same extent and in respect to the same objects and purposes as such jurisdiction extends, under this chapter, to depots, freight houses and shipping stations of a common carrier, including the duty of such stock yard company to submit reports and be subjected to investigation as if it were a common carri- er, and the powers and duties of such commission to fix charges and make and enforce orders relating to adequate service by such company. [h.] G. A corporation or person owning or holding a majority of the stock of a common carrier, gas corporation or electrical corporation subject to the jurisdiction of the public service commission shall be subject to the supervision of the public service commission in respect of the relations between such common carrier, gas corporation or elec- trical corporation and such owners or holders of a majority of the stock thereof in so far as such relations arise from or by reason of such ownership or holding of stock thereof or the receipt or holding of any money or property thereof or from or by reason of any contract between them; and in respect of such relations shall in like manner and to the same extent as such common carrier, gas corporation or electrical corpo- ration be subject to examination of accounts, records and memoranda, and shall furnish such reports and information as the public service commis- sion shall from time to time direct and require, and shall be subject to like penalties for default therein. [i.] H. To thermal energy provided by gas corporations, electric corporations, or combination gas and electric corporations. 2. The commission shall encourage all persons and corporations subject to its jurisdiction to formulate and carry out long-range programs, individually or cooperatively, for the performance of their public service responsibilities, INCLUDING THE ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, with economy, efficiency, and care for the public safety, the preservation of environmental values and the conservation of natural resources. § 5. Section 30 of the public service law, as amended by chapter 686 of the laws of 2002, is amended to read as follows: § 30. Residential gas, electric and steam service policy. 1. This article shall apply to the provision of all or any part of the gas, electric or steam service provided to any residential customer by any gas, electric or steam and municipalities corporation or municipality. It is hereby declared to be the policy of this state that the continued provision of [all or any part of such gas,] electric [and steam service] SERVICES to all residential customers without unreasonable qualifica- tions or lengthy delays is necessary for the preservation of the health and general welfare, IS CONSISTENT WITH THE ACHIEVEMENT OF THE STATE'S CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES, and is in the public S. 4008--B 155 interest. IT IS FURTHER THE POLICY OF THIS STATE THAT GAS SERVICE FOR EXISTING RESIDENTIAL CUSTOMERS MUST BE PROVIDED IN A MANNER THAT IS SAFE AND ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDULY PREFERENTIAL, AND IN ALL RESPECTS JUST AND REASONABLE, WHILE PROVIDING FOR AN ORDERLY RIGHT- SIZING OF THE GAS DISTRIBUTION SYSTEM TO ACHIEVE CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, PRIORITIZING LOW-TO-MODERATE INCOME CUSTOMERS AND DISADVANTAGED COMMUNITIES AS DEFINED IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND ENCOURAGING NEIGH- BORHOOD-SCALE TRANSITIONS. 2. THE COMMISSION SHALL REGULATE FOR THE CONTINUED PROVISION OF GAS SERVICE TO ALL EXISTING RESIDENTIAL CUSTOMERS WHO CHOOSE TO CONTINUE SERVICE, UNLESS THE DISCONTINUANCE OF SERVICE IS PART OF A PROCESS OF ORDERLY RIGHT-SIZING OF THE GAS DISTRIBUTION SYSTEM TO ACHIEVE CONSIST- ENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. AS PART OF SUCH PROCESS, THE COMMISSION SHALL TAKE ANY SUCH ACTION, AFTER NOTICE AND A HEARING, AS IS NECESSARY TO FACILITATE THE ACHIEVEMENT OF CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, BUT IN DOING SO IT SHALL ACTIVELY ENCOURAGE A TRANSITION AWAY FROM FUELS WITH HIGH LIFE-CY- CLE GREENHOUSE GAS EMISSIONS AND ON-SITE CO-POLLUTANT EMISSIONS, ENCOUR- AGE NEIGHBORHOOD-SCALE TRANSITIONS, AND ENSURE THAT ALL RESIDENTIAL CUSTOMERS HAVE ACCESS TO ELECTRICITY FOR HEATING AND COOLING SERVICES WITHOUT UNREASONABLE QUALIFICATIONS, UNREASONABLE COSTS, OR LENGTHY DELAYS, WITH A GOAL THAT LOW-TO-MODERATE INCOME CUSTOMERS, DEFINED AS HOUSEHOLDS WITH ANNUAL INCOMES AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME OF THE COUNTY OR METRO AREA WHERE THEY RESIDE, INCLUDING THOSE WHO ARE ALREADY ELIGIBLE FOR THE COMMISSION'S ENERGY AFFORDABILITY PROGRAM, ARE ADEQUATELY PROTECTED FROM BEARING ENERGY BURDENS GREATER THAN SIX PERCENT OF THEIR INCOME, INCLUDING ANY UNDUE BURDENS IMPOSED BY THE COST TO PURCHASE AND OPERATE ELECTRIC EQUIPMENT NEEDED TO FACILITATE THE ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. § 6. Subdivisions 1, 3 and 4 of section 31 of the public service law, as added by chapter 713 of the laws of 1981, are amended to read as follows: 1. Every gas corporation, electric corporation or municipality shall provide residential service upon the oral or written request of an applicant, provided that ANY RESIDENTIAL GAS SERVICE SHALL ONLY BE PROVIDED IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE AND IS SUBJECT TO ANY ORDERS OR REGULATIONS LIMITING OR DISCONTINUING GAS SERVICE THAT ARE IMPLEMENTED BY THE COMMISSION TO FACILITATE THE ACHIEVEMENT OF CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU- SAND NINETEEN, AND PROVIDED FURTHER THAT the commission may require that requests for service be in writing under circumstances as it deems necessary and proper as set forth by regulation, and provided further that the applicant: (a) makes full payment for residential utility service provided to a prior account in [his] THE APPLICANT'S name; or (b) agrees to make payments under a deferred payment plan of any amounts due for service to a prior account in [his] THE APPLICANT'S name and makes a down payment based on criteria to be established by the commission. No such down payment shall exceed one-half of any money due S. 4008--B 156 from an applicant for residential utility service, or three months aver- age billing, whichever is less; or (c) is a recipient of public assistance, supplemental security income or additional state payments pursuant to the social services law, or is an applicant for such assistance, income or payments, and the utility corporation or the municipality receives payment from, or is notified of the applicant's eligibility for utility payments by the social services official of the social services district in which such person resides for amounts due for service to a prior account in the applicant's name, together with guarantee of future payments to the extent authorized by the social services law; AND (D) RECEIVES CLEAR, TIMELY INFORMATION FROM THE GAS CORPORATION, ELEC- TRIC CORPORATION, MUNICIPALITY, OR RETAIL ENERGY SERVICE COMPANY, WRIT- TEN IN PLAIN LANGUAGE, AVAILABLE IN THE TOP TWELVE MOST COMMON NON-ENGL- ISH LANGUAGES SPOKEN BY LIMITED ENGLISH PROFICIENT NEW YORKERS, AND APPROVED BY THE COMMISSION AFTER STAKEHOLDER INPUT, ON INCENTIVES AND OPPORTUNITIES FOR INSTALLING, ENERGY-EFFICIENT ELECTRIC HEATING AND COOLING TECHNOLOGIES, WEATHERIZATION, DEMAND-SIDE MANAGEMENT, AND DISTRIBUTED ENERGY RESOURCE PROGRAMS. (E) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT EXIST- ING GAS CUSTOMERS, IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE AND SUBJECT TO ANY OTHER REGULATIONS IMPLEMENTED BY THE COMMISSION, FROM RECONNECTING TO THE GAS DISTRIBUTION SYSTEM FOLLOWING A GAS INTERRUPTION DUE TO EMERGENCY REPAIRS OR REMEDIATION OF LEAKING EQUIPMENT. 3. Subject to the requirements of subdivisions four and five of this section, AND IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE, whenever a residential customer moves to a new residence within the service territory of the same utility corporation or municipality, [he] THE APPLICANT shall be eligible to receive service at the new residence and such service shall be considered a continuation of service [in all respects] AS OPERATIONALLY FEASIBLE BASED ON INFRASTRUCTURE AND COMMOD- ITY AVAILABILITY AT THE SITE OF THE NEW RESIDENCE, with any deferred payment agreement honored, and with all rights of such customer and such utility corporation provided by this article unimpaired. 4. In the case of any application for service to a building which is not supplied with electricity or gas, a utility corporation or munici- pality shall be obligated to provide ELECTRIC service to such a build- ing, AND TO PROVIDE GAS SERVICE FOR SUCH A BUILDING IN ACCORDANCE WITH COMMISSION REGULATION, provided however, that the commission may require applicants for service to buildings [located in excess of one hundred feet from gas or electric transmission lines] to pay or agree in writing to pay material and installation costs relating to the applicant's proportion of the pipe, conduit, duct or wire, or other facilities to be installed. § 7. Section 12 of the transportation corporations law, as separately amended by chapters 713 and 895 of the laws of 1981, is amended to read as follows: § 12. Gas and electricity must be supplied on application IN ACCORD- ANCE WITH COMMISSION RULES AND REGULATIONS. Except in the case of an application for residential utility service pursuant to article two of the public service law, upon written application of the owner or occu- pant of any building [within one hundred feet of any main of a gas corporation or gas and electric corporation, or a line of an electric corporation or gas and electric corporation, appropriate to the service requested,] and payment by [him] THE APPLICANT of all money due from [him] THE APPLICANT to the corporation, it shall supply [gas or] elec- S. 4008--B 157 tricity as may be required for [lighting] such building AND IT MAY PROVIDE GAS FOR SUCH BUILDING IN ACCORDANCE WITH COMMISSION REGULATION, notwithstanding there be rent or compensation in arrears for gas or electricity supplied, or for meter, wire, pipe or fittings furnished, to a former occupant thereof, unless such owner or occupant shall have undertaken or agreed with the former occupant to pay or to exonerate [him] THEM from the payment of such arrears, and shall refuse or neglect to pay the same; and if for the space of ten days after such applica- tion, and the deposit of a reasonable sum as provided in the next section, if required, the corporation shall refuse or neglect to supply gas or [electric light] ELECTRICITY as required, such corporation shall forfeit and pay to the applicant the sum of ten dollars, and the further sum of five dollars for every day thereafter during which such refusal or neglect shall continue; provided that no such corporation shall be required to lay service pipes or wires for the purpose of supplying gas or electric light to any applicant where the ground in which such pipe or wire is required to be laid shall be frozen, or shall otherwise pres- ent serious obstacles to laying the same; nor unless the applicant, if required, shall deposit in advance with the corporation a sum of money sufficient to pay the cost of [his proportion] THE APPLICANT'S PORTION of the pipe, conduit, duct or wire required to be installed, and the expense of the installation of such portion. § 8. Subdivision 2 of section 66 of the public service law, as amended by chapter 877 of the laws of 1953, is amended and a new subdivision 12-e is added to read as follows: 2. Investigate and ascertain, from time to time, the quality of gas supplied by persons, corporations and municipalities; examine or inves- tigate the methods employed by such persons, corporations and munici- palities in manufacturing, distributing and supplying gas or electricity for light, heat, COOLING, or power and in transmitting the same, and have power to order such reasonable improvements as will best promote the public interest, preserve the public health and protect those using such gas or electricity and those employed in the manufacture and distribution thereof, and have power to order reasonable improvements and extensions of the works, wires, poles, lines, conduits, ducts and other reasonable devices, apparatus and property of gas corporations, electric corporations and municipalities; and have power after an inves- tigation and a hearing to order any corporation having authority under any general or special law or under any charter or franchise, to lay down, erect or maintain wires, pipes, conduits, ducts or other fixtures in, over or under the streets, highways and public places of any munici- pality for the purpose of supplying, selling or distributing natural gas, to augment its supply of natural gas, whenever the commission deems necessary and whenever artificial gas can be reasonably obtained, by acquiring by purchase, manufacture or otherwise a supply thereof to be mixed with such natural gas, in order to render adequate service to the customers of such corporation or to maintain a proper and uniform pres- sure; and have power after an investigation and a hearing to order any corporation having authority under any general or special law or under any charter or franchise, to lay down, erect or maintain wires, pipes, conduits, ducts or other fixtures in, over or under the streets, high- ways and public places of any municipality for the purpose of supplying, selling or distributing artificial gas, to augment its supply of artifi- cial gas, whenever the commission deems necessary and whenever natural gas can be reasonably obtained, by acquiring by purchase or otherwise a supply thereof to be mixed with such artificial gas, in order to render S. 4008--B 158 adequate service to the customers of such corporation or to maintain a proper and uniform pressure; and to fix such rate for the supplying of mixed gas as shall secure to such corporation a fair return; and may order the curtailment or discontinuance of the use of natural gas for manufacturing or industrial purposes, for periods aggregating not to exceed four months in any calendar year, if it is established to the satisfaction of the commission that the supply of natural gas is not adequate to meet the reasonable demands of domestic consumption and may [prohibit the use of natural gas in wasteful devices and practices] ORDER THE CURTAILMENT OR DISCONTINUANCE OF THE USE OF THE DISTRIBUTION SYSTEM, WHERE THE COMMISSION HAS DETERMINED THAT SUCH CURTAILMENT OR DISCONTINUANCE IS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY POLICY, PROVIDED THAT SUCH CURTAILMENT OR DISCONTINUANCE SHALL BE CONSISTENT WITH A PLAN FOR THE PHASE-OUT OF THE USE OF A GAS DISTRIBUTION SYSTEM TO ACHIEVE CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINE- TEEN, INCLUDING THE OPPORTUNITY FOR THE FULL RECOVERY OF THE UTILITY'S INVESTMENT IN SUCH SYSTEM, ENCOURAGING NEIGHBORHOOD-SCALE TRANSITIONS FOR CLEAN HEATING AND COOLING, PRIORITIZING DISADVANTAGED COMMUNITIES AS DEFINED IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND ACCOMPANIED BY COORDINATION ASSISTANCE AND, WHERE REASONABLY REQUIRED, FINANCIAL ASSISTANCE IN THE IDENTIFICATION AND ADOPTION OF ALTERNATIVES, AND MAY PROHIBIT THE USE OF NATURAL GAS IN WASTEFUL DEVICES AND PRACTICES, AS DEFINED BY THE COMMISSION, AND REQUIRE CONSER- VATION AND EFFICIENCY IN GAS USAGE. 12-E. THE COMMISSION SHALL REVIEW THE CAPITAL CONSTRUCTION PLAN OF EACH GAS CORPORATION AND ESTABLISH A PROCESS TO EXAMINE FEASIBLE ALTER- NATIVES TO SUCH CONSTRUCTION IN ORDER TO ACHIEVE CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ENCOURAGING NEIGHBORHOOD-SCALE TRANSITIONS AWAY FROM FUELS WITH HIGH LIFE-CYCLE GREENHOUSE GAS EMIS- SIONS AND ON-SITE CO-POLLUTANT EMISSIONS, PRIORITIZING LOW-TO-MODERATE INCOME CUSTOMERS AND DISADVANTAGED COMMUNITIES AS DEFINED IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. SUCH PROCESS SHALL INCLUDE THRESHOLDS AND CRITERIA FOR THE TYPES OF PROJECTS SUBJECT TO SUCH EXAMINATION. THE COMMISSION SHALL REQUIRE PARTICIPATION IN SUCH PROCESS BY EACH ELECTRIC CORPORATION WITH A SERVICE AREA OVERLAPPING THE SERVICE AREA OF THE GAS CORPORATION; AND THE COMMISSION SHALL HAVE THE POWER TO REQUIRE ANY SUCH ELECTRIC CORPORATION TO PARTICIPATE IN ALTER- NATIVES TO GAS CAPITAL CONSTRUCTION, INCLUDING PARTICIPATION IN FINANC- ING. ANY COSTS INCURRED BY SUCH ELECTRIC CORPORATION FOR SUCH CORPO- RATION'S PARTICIPATION SHALL BE SUBJECT TO AN OPPORTUNITY FOR FULL RECOVERY, AS DETERMINED BY THE COMMISSION. § 9. Section 66-a of the public service law, as added by chapter 7 of the laws of 1948, subdivision 1 as amended and subdivision 3 as added by chapter 582 of the laws of 1975, subdivision 2 as amended by chapter 722 of the laws of 1977, is amended to read as follows: § 66-a. Conservation of gas, declaration of policy, delegation of power. 1. It is hereby declared to be the policy of this state that when there develops in any area a situation under which a gas corpo- ration supplying gas to such area is unable to meet the reasonable needs of its consumers and of persons or corporations applying for new or additional gas service, the available supply of gas shall be allocated among the customers of such gas corporation, in such manner as may be necessary to protect public health and safety and to avoid undue hard- ship, PARTICULARLY FOR LOW-TO-MODERATE INCOME RESIDENTIAL CUSTOMERS, S. 4008--B 159 ELECTRIC GENERATION NEEDED FOR ELECTRIC SYSTEM RELIABILITY, AND CUSTOM- ERS WITH HARD-TO-ELECTRIFY INDUSTRIAL AND COMMERCIAL USES, pursuant to rules and regulations as may be adopted by the commission, and that to carry out this declared policy the jurisdiction of the public service commission should be clarified. IT IS FURTHER DECLARED TO BE THE POLICY OF THIS STATE THAT GAS SERVICE TO EXISTING CUSTOMERS MUST BE PROVIDED IN A MANNER THAT IS SAFE AND ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDU- LY PREFERENTIAL, AND IN ALL RESPECTS JUST AND REASONABLE. 2. Notwithstanding the provisions of any statute or any franchise held by a gas corporation, the commission shall have power, upon the finding that CONTINUED GAS SERVICE IS NOT CONSISTENT WITH THE ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, OR THAT there exists such a shortage of gas in any area in the state, that the gas corporation supplying such area is unable and will be unable to secure or produce sufficient gas to meet the reasonable needs of its customers and of persons or corporations applying for new or additional gas service, to require such corporation to immediately discontinue the supplying of gas to additional customers or of supplying additional service to present customers, for such purpose or purposes as may be designated by the commission, or to customers using gas for a purpose prohibited by the commission pursuant to this act, and that upon the finding that the supply of gas available is and will be insufficient to supply the demands of all consumers receiving service, to require such gas corpo- ration to curtail or discontinue service to any or all classes of customers of such gas corporation. In imposing such a direction or requirement, the commission shall give consideration first to existing domestic uses and uses deemed to be necessary by the commission to protect public health and safety and to avoid undue hardship [and shall be limited to the period of the emergency provided that the gas corpo- ration affected shall make such restriction, curtailing or discontin- uance applicable to all customers or applicants for service in a like class. If the commission determines that good cause exists for supplying service to additional customers or for supplying additional service to some existing customers, notwithstanding the curtailment or discontin- uance of service to other existing customers, it shall, to the extent feasible, allocate gas with equal priority to new or additional domestic uses of gas and commercial or industrial processes which require gas because there is no practical substitute for it in such proportion as the commission determines to be reasonable. Provided that the commis- sion shall be permitted, after public hearing, to authorize any natural gas produced from lands under the waters of Lake Erie to be used for process or feedstock requirements]. The commission is authorized to adopt such rules, regulations and orders as are necessary or appropriate to carry out these delegated powers. 3. In carrying out the delegated powers provided for in this section, the commission shall, to the extent practicable, determine and establish gas conservation measures or standards, INCLUDING ENERGY EFFICIENT ELEC- TRIFICATION OF GAS END USES. The commission may require compliance with such measures or standards as a condition of receiving service. 4. THE COMMISSION SHALL DETERMINE CONDITIONS UNDER WHICH NEW OR ADDI- TIONAL GAS SERVICE IS WARRANTED NOTWITHSTANDING THE NEED TO CONSERVE RESOURCES FOR SERVICE TO EXISTING GAS CUSTOMERS. SUCH DETERMINATION SHALL BE CONSISTENT WITH THE ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND MAY TAKE INTO ACCOUNT FACTORS INCLUDING S. 4008--B 160 ECONOMIC DEVELOPMENT, IMPACTS ON NEW AND EXISTING CUSTOMERS INCLUDING LOW-TO-MODERATE INCOME CUSTOMERS, IMPACTS ON SYSTEM SAFETY AND ADEQUACY, EQUITY TOWARD EXISTING CUSTOMERS WITH LIMITED CONVERSION ALTERNATIVES, AND THE FEASIBILITY OF NEIGHBORHOOD-SCALE ALTERNATIVES TO USAGE OF FUELS WITH HIGH LIFE-CYCLE GREENHOUSE GAS EMISSIONS AND ON-SITE CO-POLLUTANT EMISSIONS, INCLUDING THERMAL ENERGY NETWORKS. 5. THE COMMISSION SHALL REQUIRE GAS AND/OR ELECTRIC UTILITIES TO PROVIDE COORDINATION ASSISTANCE AND FINANCIAL ASSISTANCE, IN SUCH FORMS AS THE COMMISSION DEEMS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY POLICY, TO IDENTIFY AND ADOPT ALTERNATIVES WHERE APPLICATIONS FOR NEW OR ADDITIONAL GAS SERVICE ARE DENIED AND ENCOURAGE NEIGHBORHOOD-SCALE TRAN- SITIONS. § 10. Section 66-b of the public service law is REPEALED. § 11. The public service law is amended by adding a new section 66-u to read as follows: § 66-U. EXPANSION OF GAS DISTRIBUTION INFRASTRUCTURE. EXCEPT AS PROVIDED IN THIS SECTION, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, NO GAS CORPORATION SHALL COMMENCE CONSTRUCTION OF NEW GAS DISTRIBUTION INFRASTRUCTURE THE RESULT OF WHICH WOULD BE TO EXPAND THE AVAILABILITY OF SERVICE INTO GEOGRAPHIC AREAS WHERE GAS SERVICE WAS NOT AVAILABLE PRIOR TO THAT DATE AS DEFINED BY THE APPLICABLE UTILITY'S CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPROVED BY THE COMMISSION. NO SUCH NEW GAS DISTRIBUTION INFRASTRUCTURE SHALL BE PUT INTO SERVICE AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE. THE COMMISSION MAY AUTHORIZE EXCEPTIONS ON A CASE-BY-CASE BASIS, PROVIDED THAT THE COMMIS- SION FINDS THAT THE PROJECT QUALIFYING FOR THE EXCEPTION SERVES A COMPELLING STATE INTEREST, ALTERNATIVES TO GAS SERVICE ARE EITHER NOT TECHNICALLY FEASIBLE OR PROHIBITIVELY EXPENSIVE, AND THAT THE PROJECT WILL BE COMPLETED AND PUT INTO SERVICE NOT LATER THAN DECEMBER THIRTY- FIRST, TWO THOUSAND TWENTY-SEVEN. FOR THE PURPOSES OF THIS SECTION, GAS DISTRIBUTION INFRASTRUCTURE SHALL INCLUDE ALL REAL ESTATE, FIXTURES AND PERSONAL PROPERTY OPERATED, OWNED, USED OR TO BE USED FOR OR IN CONNECTION WITH OR TO FACILITATE THE MANUFACTURE, CONVEYING, TRANSPORTA- TION, DISTRIBUTION, SALE OR FURNISHING OF GAS (NATURAL OR MANUFACTURED OR A MIXTURE OF BOTH) FOR LIGHT, HEAT OR POWER, BUT DOES NOT INCLUDE PROPERTY USED SOLELY FOR OR IN CONNECTION WITH THE BUSINESS OF SELLING, DISTRIBUTING OR FURNISHING OF GAS IN ENCLOSED CONTAINERS. § 12. Section 66-g of the public service law is REPEALED. § 13. The public service law is amended by adding a new section 77-a to read as follows: § 77-A. ALIGNING UTILITY REGULATION WITH CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES. 1. WITHIN THREE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION SHALL INITIATE A PROCEEDING, OR MULTIPLE PROCEEDINGS, AS IT DEEMS APPROPRIATE, TO CONSIDER AND ACT ON THE MATTERS IDENTIFIED IN THIS SECTION IN ORDER TO BETTER ALIGN ITS REGULATION OF UTILITY SERVICES WITH THE TIMELY ACHIEVEMENT OF CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. IF THE COMMISSION IS ALREADY ENGAGED IN A PROCEEDING ADDRESSING ONE OR MORE OF THE MATTERS IDENTI- FIED IN THIS SECTION, IT SHALL NOT BE REQUIRED TO OPEN A NEW PROCEEDING ON THAT MATTER. FOLLOWING COMPLETION OF ALL PROCEEDINGS INITIATED PURSUANT TO THIS SECTION, THE COMMISSION SHALL INITIATE REGULAR SUBSE- QUENT PROCEEDINGS, AS IT DEEMS NECESSARY, TO ENSURE THE ACHIEVE- MENT OF THE GOALS OUTLINED IN THIS SECTION. THE PROCEEDING OR PROCEEDINGS SHALL INCLUDE: S. 4008--B 161 (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, A REVIEW OF THE PUBLIC SERVICE LAW AND ITS CURRENT RULES AND POLICY GUIDANCE TO IDENTIFY ANY LAW, RULE, GUIDANCE, OR LACK THEREOF, THAT MAY INHIBIT TIMELY, EQUITABLE ACHIEVEMENT OF CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. THE COMMISSION SHALL REPORT TO THE LEGISLATURE ITS PROGRESS AND FINDINGS, IDENTIFY SUBSEQUENT ACTIONS IT WILL TAKE, AND MAKE RECOMMENDATIONS FOR ANY STATUTORY AMENDMENTS OR OTHER ACTIONS THAT MAY BE NEEDED TO FACILITATE THE TIMELY ACHIEVEMENT OF SUCH MANDATES. (B) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, A REVISION OF THE COMMISSION'S RULES AND REGULATIONS FOR DETERMINING APPROPRIATE ALLOWANCES FOR THE EXTENSION OF GAS AND ELECTRIC UTILITY SERVICES TO ENSURE THAT UTILITY SERVICE IS PROVIDED IN A MANNER CONSISTENT WITH THE ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. IN ESTAB- LISHING RULES GOVERNING THE ALLOWANCE FOR THE EXTENSION OF GAS SERVICE, THE COMMISSION SHALL ELIMINATE ALL MAIN AND SERVICE LINE EXTENSION ALLOWANCES FOR GAS SERVICE AND MAY INCREASE ALLOWANCES FOR ELECTRIC SERVICE. THE COMMISSION MAY ESTABLISH RULES THAT PROVIDE FOR DISTINCT ELECTRIC ALLOWANCES FOR ALL-ELECTRIC CUSTOMERS AND FOR DUAL-FUEL CUSTOM- ERS AND MAY PROVIDE ADDITIONAL ELECTRIC ALLOWANCES TO BUILDINGS THAT ARE MADE READY FOR BENEFICIAL ELECTRIC LOADS SUCH AS THOSE WITH ELECTRIC VEHICLE CHARGING FACILITIES AND GRID INTERACTIVE BUILDINGS. THE COMMIS- SION MAY ALSO ESTABLISH ALLOWANCES FOR BUILDINGS SEEKING INTERCONNECTION WITH THERMAL ENERGY NETWORKS. (C) IN ORDER TO MINIMIZE LONG-TERM COSTS AND STRANDED ASSETS, AND MAXIMIZE SAVINGS AND BENEFITS FOR CUSTOMERS, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION THE COMMISSION SHALL ISSUE AN ORDER REQUIRING EACH GAS CORPORATION, WITHIN ONE HUNDRED EIGHTY DAYS OF THE ISSUANCE OF THE ORDER, TO RESTRUCTURE ITS PLAN FOR ADDRESSING THE LEAK- PRONE GAS MAINS AND SERVICE LINES ON ITS SYSTEM TO FACILITATE THE ORDER- LY RIGHT-SIZING OF THE GAS DISTRIBUTION SYSTEM TO ACHIEVE CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN WHILE MAINTAINING SAFE- TY AND RELIABILITY OF THE GAS SYSTEM, SUBJECT TO ALL RELEVANT FEDERAL LAWS AND REGULATIONS. TO ACCOMPLISH THIS, THE COMMISSION SHALL REQUIRE EACH GAS CORPORATION, IN COORDINATION WITH ANY AND ALL ELECTRIC CORPO- RATIONS WITH OVERLAPPING SERVICE AREAS, TO PURSUE A GEOGRAPHICALLY TARGETED APPROACH TO IMPLEMENTING ALTERNATIVE SOLUTIONS THAT MINIMIZE THE REPLACEMENT OF LEAK-PRONE GAS MAINS AND SERVICE LINES WHILE ENCOUR- AGING NEIGHBORHOOD-SCALE FULL BUILDING ELECTRIFICATION, INCLUDING THROUGH THE INSTALLATION OF THERMAL ENERGY NETWORKS, RESULTING IN THE DECOMMISSIONING OF THE MAXIMUM FEASIBLE SEGMENT OF GAS MAIN OR SERVICE LINE. THE COMMISSION SHALL REQUIRE EACH GAS CORPORATION, AFTER NOTICE AND COMMENT, TO ESTABLISH CRITERIA FOR EVALUATING WHETHER SPECIFIC SEGMENTS OF LEAK-PRONE MAINS AND SERVICE LINES ARE CANDIDATES FOR SUCH A GEOGRAPHICALLY TARGETED APPROACH AND TO EVALUATE THEIR ENTIRE INVENTORY OF LEAK-PRONE PIPES TO CREATE A STRATEGIC DECOMMISSIONING RANKING IN WHICH IT RANKS THE SEGMENTS IN TERMS OF THE ABILITY TO ELECTRIFY ALL CUSTOMERS SERVED BY THE SEGMENT AND RETIRE THE GAS DISTRIBUTION INFRAS- TRUCTURE. THE COMMISSION SHALL REQUIRE EACH GAS CORPORATION TO FILE AN ANNUAL REPORT THAT PROVIDES A QUALITATIVE AND QUANTITATIVE ASSESSMENT OF THE REDUCTION OF LEAK-PRONE PIPE INVENTORY AND THAT UPDATES THE STRATE- GIC DECOMMISSIONING RANKING FROM THE PRIOR YEAR. THE COMMISSION SHALL ESTABLISH NOTICE REQUIREMENTS AND CONSUMER AND AFFORDABILITY PROTECTIONS S. 4008--B 162 IN ACCORDANCE WITH SECTION THIRTY OF THE PUBLIC SERVICE LAW APPLICABLE TO CUSTOMERS SERVED BY SEGMENTS OF THE GAS DISTRIBUTION SYSTEM TARGETED FOR DECOMMISSIONING. (D) IN ORDER TO MAXIMIZE THE COST SAVINGS AND BENEFITS OF THE TRANSI- TION OF THE ELECTRIC SYSTEM FOR THE EQUITABLE, ORDERLY, AND AFFORDABLE ACHIEVEMENT OF CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU- SAND NINETEEN, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION THE COMMISSION SHALL ISSUE AN ORDER REQUIRING ALL ELECTRIC CORPORATIONS TO PURSUE ALL AVAILABLE ELECTRIC ENERGY EFFICIENCY AND DEMAND FLEXIBILITY MEASURES THAT ARE COST-EFFECTIVE, RELIABLE, AND FEASIBLE. NO LESS FREQUENTLY THAN EVERY THREE YEARS, THE COMMISSION SHALL IDENTIFY THE STATEWIDE ACHIEVABLE POTENTIAL FOR ENERGY EFFICIENCY AND DEMAND FLEXI- BILITY MEASURES FOR THE SUBSEQUENT TEN-YEAR PERIOD AND ESTABLISH ANNUAL ENERGY EFFICIENCY AND DEMAND FLEXIBILITY TARGETS FOR EACH ELECTRIC CORPORATION THAT ARE NO LOWER THAN ITS PROPORTIONAL SHARE OF THE STATE- WIDE ACHIEVABLE POTENTIAL. (E) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS- SION SHALL COMPLETE A PROCEEDING TO DEVELOP AND ISSUE A REPORT EVALUAT- ING AND CONSIDERING RATE MAKING STRATEGIES TO ENCOURAGE AND FACILITATE ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. THE REPORT SHALL EXPLORE OPTIONS FOR DEVELOPING AND ASSESSING THE IMPACTS OF RATES FOR ELECTRIC, GAS, STEAM, AND THERMAL ENERGY NETWORKS ON TOTAL CUSTOMER ENERGY COSTS, AND SHALL EXPLORE OPTIONS FOR INTEGRATING COST SHARING AND RECOVERY ACROSS UTILITIES AND SERVICES. THE REPORT SHALL ALSO IDENTIFY STATUTORY BARRIERS TO THE IMPLEMENTATION OF SUCH STRATE- GIES. IN CONSIDERING SUCH RATE MAKING STRATEGIES, THE COMMISSION SHALL HAVE A GOAL OF ENSURING THAT ALL LOW-TO-MODERATE INCOME RESIDENTIAL CUSTOMERS PAY NO MORE THAN SIX PERCENT OF THEIR INCOME FOR ELECTRICITY. (F) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS- SION SHALL DETERMINE, BASED ON THE BEST AVAILABLE INFORMATION, THE GREENHOUSE GAS EMISSION REDUCTIONS NECESSARY TO BRING THE STATEWIDE GAS DISTRIBUTION SYSTEM INTO ALIGNMENT WITH THE STATEWIDE TWO THOUSAND THIR- TY AND TWO THOUSAND FIFTY GREENHOUSE GAS EMISSION REDUCTION TARGETS IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SET INTERIM EMISSION REDUCTION TARGETS FOR EACH GAS UTILITY AS WELL AS DEVELOPING A PERIODIC PROCESS TO REVIEW AND UPDATE SUCH TARGETS; (G) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS- SION SHALL REVISE ITS RULES AND REGULATIONS FOR CONDUCTING BENEFIT-COST ANALYSES SO THAT THE METHODOLOGY AND THE BASE FINANCIAL AND FRAMEWORK ASSUMPTIONS FOR THE ANALYSIS SUPPORT ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN. SUCH REVISIONS SHALL INCLUDE, BUT NOT BE LIMITED TO: (1) GREENHOUSE GAS EMISSION REDUCTION MANDATES SHALL BE USED AS A CONSTRAINT IN DESIGNING THE SCENARIOS TO BE ANALYZED SUCH THAT ALL THE SCENARIOS SHALL COMPLY WITH THE STATUTORY GREENHOUSE GAS EMISSION REQUIREMENTS AND ANY INTERIM TARGETS SET BY THE DEPARTMENT OF ENVIRON- MENTAL CONSERVATION OR THE COMMISSION IN ORDER TO INTERNALIZE THE COST OF ACHIEVING SUCH TARGETS IN THE BENEFIT-COST ANALYSIS. (2) QUANTIFICATION OF PUBLIC HEALTH IMPACTS FROM IMPROVEMENTS IN AMBI- ENT AND INDOOR AIR QUALITY. WHEN QUANTITATIVE METRICS ARE NOT POSSIBLE, QUALITATIVE ANALYSIS SHALL BE INCLUDED. (3) CONSIDERATION OF THE SIGNIFICANT UNCERTAINTIES AND RISKS ASSOCI- ATED WITH DIFFERENT SCENARIOS, INCLUDING THE ENVIRONMENTAL IMPACT OF S. 4008--B 163 LEAKED GAS, THE PROLONGED RELIANCE ON THE GAS SYSTEM THAT RESULTS FROM LONG-LIVED INVESTMENTS IN GAS INFRASTRUCTURE AND GAS-CONSUMING EQUIP- MENT, THE POSITIVE OPTION VALUE ASSOCIATED WITH MEASURES THAT CAN ELIMI- NATE OR DEFER THE NEED FOR INVESTMENTS IN GAS INFRASTRUCTURE AND GAS- CONSUMING EQUIPMENT, AND POTENTIAL CHALLENGES ASSOCIATED WITH FULL ELECTRIFICATION. (4) IN INSTANCES WHERE AN ALTERNATIVE FUEL HAS AN ENVIRONMENTAL ATTRI- BUTE, ONLY ATTRIBUTE ALTERNATIVE FUELS WITH EMISSION REDUCTION BENEFITS UNDER THE BENEFIT-COST ANALYSIS IF THE ENVIRONMENTAL ATTRIBUTES ARE RETAINED BY THE UTILITY FOR THE BENEFIT OF THE UTILITY'S CUSTOMERS OR BY THE END-USE CUSTOMER. (5) USE ACCURATE DEPRECIATION SCHEDULES THAT ASSUME THE FULL VALUE OF ANY NEW GAS ASSET IS FULLY DEPRECIATED NO LATER THAN TWO THOUSAND FIFTY, ABSENT DEMONSTRATION THAT THE SPECIFIC ASSET WILL REMAIN IN SERVICE BEYOND TWO THOUSAND FIFTY, AND EARLIER IF IT IS LIKELY THAT SUCH ASSET WILL NEED TO BE PHASED OUT OR RETIRED BEFORE TWO THOUSAND FIFTY GIVEN ANY INTERIM GREENHOUSE GAS EMISSION REDUCTION TARGETS OR GEOGRAPHICALLY TARGETED STRATEGIC ASSET RETIREMENT. (6) ASSESS DEMOGRAPHIC IMPACTS BY MEASURING WITH AS MUCH GEOGRAPHIC GRANULARITY AS POSSIBLE AND CONSIDERING DIFFERENT LEVELS OF EXPOSURE AND RISK FACTORS FOR IMPACTS ON DISADVANTAGED COMMUNITIES AND OTHER POPU- LATIONS WITH VULNERABILITY TO CHANGES INDUCED BY REGULATION. 2. NOTHING IN THIS CHAPTER OR ANY OTHER LAW OF NEW YORK STATE SHALL BE INTERPRETED OR OTHERWISE CONSTRUED AS PREEMPTING A MUNICIPALITY FROM ADOPTING BUILDING CODES OR OTHER REGULATIONS REGARDING ON-SITE EMISSIONS FOR NEW AND EXISTING BUILDINGS WITHIN THEIR LOCALITIES. § 14. This act shall take effect immediately. PART NNN Section 1. Section 352 of the economic development law is amended by adding a new subdivision 1-b to read as follows: 1-B. "HEMP" MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART OF SUCH PLANT, INCLUDING THE SEEDS THEREOF AND ALL DERIVATIVES, EXTRACTS, CANNA- BINOIDS, ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, WHETHER GROWING OR NOT, WITH A DELTA-9 TETRAHYDROCANNABINOL CONCENTRATION OF NOT MORE THAN THREE-TENTHS OF A PERCENT ON A DRY WEIGHT BASIS. § 2. Section 352 of the economic development law is amended by adding a new subdivision 3-b to read as follows: 3-B. "NY HEMP BENEFIT-COST RATIO" MEANS THE FOLLOWING CALCULATION WITH RESPECT TO NY HEMP PROJECTS: THE RATIO WHERE THE NUMERATOR IS THE SUM OF (A) THE VALUE OF ALL REMUNERATION PROJECTED TO BE PAID FOR ALL NET NEW JOBS DURING THE PERIOD OF PARTICIPATION IN THE PROGRAM; (B) THE VALUE OF CAPITAL INVESTMENTS TO BE MADE BY THE BUSINESS ENTERPRISE DURING THE PERIOD OF PARTICIPATION IN THE PROGRAM; AND (C) ALL RESEARCH AND DEVEL- OPMENT EXPENDITURES BY THE PARTICIPANT IN NEW YORK STATE DURING THE PERIOD OF PARTICIPATION IN THE PROGRAM; AND THE DENOMINATOR IS THE AMOUNT OF TOTAL TAX BENEFITS UNDER THIS ARTICLE THAT WILL BE USED AND REFUNDED AS WELL AS ANY STATE GRANTS PROVIDED TO THE PARTICIPANT. § 3. Subdivision 8-a of section 352 of the economic development law, as amended by chapter 572 of the laws of 2022, is amended to read as follows: 8-a. "Green project" means a project deemed by the commissioner to make products or develop technologies that are primarily aimed at reduc- ing greenhouse gas emissions, PREVENTING NON-RECYCLABLE WASTE, INCLUDING BUT NOT LIMITED TO PACKAGING AND TEXTILES FROM ENTERING LANDFILLS, BEING S. 4008--B 164 A VIABLE METHOD OF CARBON SEQUESTRATION, or supporting the use of clean energy in accordance with goals described in chapter one hundred six of the laws of two thousand nineteen. "Green project" shall include, but not be limited to, the manufacture or development of products or tech- nologies or supply chain components primarily for renewable energy systems as defined in section sixty-six-p of the public service law, vehicles that use non-hydrocarbon fuels and produce zero or near zero emissions, heat pumps, energy efficiency, clean energy storage and other products that significantly reduce greenhouse gas emissions by minimiz- ing the utilization of depletable resources or by improving industrial or agricultural efficiency. "Green project" shall not include a project primarily composed of (i) necessarily local activities such as retail, building construction, or the installation, deployment or adoption of a clean energy product or technology at an end user's site, or (ii) the production of products or development of technologies that would produce only marginal and incremental energy savings or environmental benefits ancillary to the core function of the product or technology. § 4. Section 352 of the economic development law is amended by adding a new subdivision 25 to read as follows: 25. "NY HEMP PROJECT" MEANS A PROJECT MEETING ALL OF THE FOLLOWING CRITERIA: (A) IS WITHIN THE HEMP INDUSTRIAL AND MANUFACTURING SECTOR; (B) INCLUDES SUSTAINABILITY MEASURES TO MITIGATE THE PROJECT'S GREEN- HOUSE GAS EMISSIONS IMPACT OVER ITS LIFETIME; (C) RESULTS IN THE FINAL DEVELOPMENT AND SALE OF PRODUCTS OR COMPONENTS THAT SUBSTANTIALLY REPLACE THE NEED FOR NON-RECYCLABLE MATERIALS INCLUDING PLASTIC; (D) MAKES COMMITMENTS TO WORKER AND COMMUNITY INVESTMENT, INCLUDING THROUGH TRAINING AND EDUCATION BENEFITS PAID BY THE PARTICIPANT AND PROGRAMS TO EXPAND EMPLOYMENT OPPORTUNITY FOR ECONOMICALLY DISADVANTAGED INDIVID- UALS; (E) PROVIDES FOR THE PAYMENT OF NOT LESS THAN FEDERAL PREVAILING WAGE RATES FOR ITS PROJECT CONSTRUCTION; (F) WILL CREATE AT LEAST FIVE NET NEW JOBS AND MAKE AT LEAST FIVE MILLION DOLLARS IN QUALIFIED INVEST- MENT; (G) IS AWARDED A HEMP GROWER'S AUTHORIZATION WHEN INVOLVING THE GROWING, CULTIVATING, PROCESSING, OR DISTRIBUTING OF HEMP PURSUANT TO ARTICLE TWENTY-NINE OF THE AGRICULTURE AND MARKETS LAW. § 5. Paragraphs (m) and (n) of subdivision 1 of section 353 of the economic development law, as amended by chapter 494 of the laws of 2022, are amended and a new paragraph (o) is added to read as follows: (m) as a participant operating in one of the industries listed in paragraphs (a) through (k) of this subdivision and operating or sponsor- ing child care services to its employees as defined in section three hundred fifty-two of this article; [or] (n) as a Green CHIPS project[.]; OR (O) AS A NY HEMP PROJECT. § 6. Subdivision 3 of section 353 of the economic development law, as amended by chapter 494 of the laws of 2022, is amended to read as follows: 3. For the purposes of this article, in order to participate in the excelsior jobs program, a business entity operating predominantly in manufacturing must create at least five net new jobs; a business entity operating predominately in agriculture must create at least five net new jobs; a business entity operating predominantly as a financial service data center or financial services customer back office operation must create at least twenty-five net new jobs; a business entity operating predominantly in scientific research and development must create at least five net new jobs; a business entity operating predominantly in software development must create at least five net new jobs; a business S. 4008--B 165 entity creating or expanding back office operations must create at least twenty-five net new jobs; a business entity operating predominately in music production must create at least five net new jobs; a business entity operating predominantly as an entertainment company must create or obtain at least one hundred net new jobs; or a business entity oper- ating predominantly as a distribution center in the state must create at least fifty net new jobs, notwithstanding subdivision five of this section; or a business entity operating predominately as a life sciences company must create at least five net new jobs; or a business entity must be a regionally significant project [or], Green CHIPS project, OR NY HEMP PROJECT as defined in this article; or § 7. Subdivision 2 of section 355 of the economic development law, as amended by chapter 494 of the laws of 2022, is amended to read as follows: 2. Excelsior investment tax credit component. A participant in the excelsior jobs program shall be eligible to claim a credit on qualified investments. In a project that is not a green project, the credit shall be equal to two percent of the cost or other basis for federal income tax purposes of the qualified investment. In a green project, the credit shall be equal to five percent of the cost or other basis for federal income tax purposes of the qualified investment. In a project for child care services [or], a Green CHIPS project, OR A NY HEMP PROJECT, the credit shall be up to five percent of the cost or other basis for feder- al income tax purposes of the qualified investment in child care services or in the Green CHIPS project OR NY HEMP PROJECT, as applica- ble. A participant may not claim both the excelsior investment tax cred- it component and the investment tax credit set forth in subdivision one of section two hundred ten-B, subsection (a) of section six hundred six, the former subsection (i) of section fourteen hundred fifty-six, or subdivision (q) of section fifteen hundred eleven of the tax law for the same property in any taxable year, except that a participant may claim both the excelsior investment tax credit component and the investment tax credit for research and development property. In addition, a taxpay- er who or which is qualified to claim the excelsior investment tax cred- it component and is also qualified to claim the brownfield tangible property credit component under section twenty-one of the tax law may claim either the excelsior investment tax credit component or such tangible property credit component, but not both with regard to a particular piece of property. A credit may not be claimed until a busi- ness enterprise has received a certificate of tax credit, provided that qualified investments made on or after the issuance of the certificate of eligibility but before the issuance of the certificate of tax credit to the business enterprise, may be claimed in the first taxable year for which the business enterprise is allowed to claim the credit. Expenses incurred prior to the date the certificate of eligibility is issued are not eligible to be included in the calculation of the credit. § 8. Subdivision 3 of section 355 of the economic development law, as amended by chapter 494 of the laws of 2022, is amended to read as follows: 3. Excelsior research and development tax credit component. A partic- ipant in the excelsior jobs program shall be eligible to claim a credit equal to fifty percent of the portion of the participant's federal research and development tax credit that relates to the participant's research and development expenditures in New York state during the taxa- ble year; provided however, if not a green project, the excelsior research and development tax credit shall not exceed six percent of the S. 4008--B 166 qualified research and development expenditures attributable to activ- ities conducted in New York state, or, if a green project [or], a Green CHIPS project, OR A NY HEMP PROJECT, the excelsior research and develop- ment tax credit shall not exceed eight percent of the research and development expenditures attributable to activities conducted in New York state. If the federal research and development credit has expired, then the research and development expenditures relating to the federal research and development credit shall be calculated as if the federal research and development credit structure and definition in effect in two thousand nine were still in effect. Notwithstanding any other provision of this chapter to the contrary, research and development expenditures in this state, including salary or wage expenses for jobs related to research and development activities in this state, may be used as the basis for the excelsior research and development tax credit component and the qualified emerging technology company facilities, operations and training credit under the tax law. § 9. This act shall take effect immediately. PART OOO Section 1. Subdivision 1 of section 80-b of the highway law, as amended by chapter 794 of the laws of 2022, is amended to read as follows: 1. In connection with the undertaking of any project for which the commissioner is authorized to use moneys of the federal government pursuant to the provisions of subdivision thirty-four-a of section ten and section eighty of this chapter to assure the effective discharge of state responsibilities with respect to regional transportation needs, on highways, roads, streets, bicycle paths [or], pedestrian paths, OR PARK- AND-RIDE DEVELOPMENTS that are not on the state highway system, the commissioner shall submit such project to the governing body or bodies of the affected municipality or municipalities together with estimates of costs thereof. If such project includes a municipal project, as that term is defined in accordance with article thirteen of the transporta- tion law, the state share of such municipal project shall also be included. If such project includes a project affecting a highway, road, street, bicycle path [or], pedestrian path, OR PARK-AND-RIDE DEVELOP- MENTS not on the state highway system, the state share shall be equal to eighty percent of the difference between the total project cost and the federal assistance, provided, however, the state share shall be equal to eighty-seven and one-half percent of the difference between the total project cost and the federal assistance where, in conjunction with such project, the municipality agrees to fund a complete street design feature as defined in section three hundred thirty-one of this chapter, provided, further, the commissioner may increase the state share to an amount equal to one hundred percent of the difference between the total project cost and the federal assistance where he or she determines that the need for the project results substantially from actions undertaken pursuant to section ten of this chapter. No such project shall proceed without the approval of the governing body of a municipality. Such governing body may request the commissioner to undertake the provision of such project. If the commissioner agrees to such undertaking he or she shall notify the local governing body which shall appropriate suffi- cient moneys to pay the estimated amount of the municipal share. Such moneys shall be deposited with the state comptroller who is authorized to receive and accept the same for the purposes of such project, subject S. 4008--B 167 to the draft or requisition of the commissioner. When the work of such project has been completed, the commissioner shall render to the govern- ing body of such municipality an itemized statement showing in full (a) the amount of money that has been deposited by such municipality with the state comptroller as hereinbefore provided, and (b) all disburse- ments made pursuant to this section for such project. Any surplus moneys shall be paid to such municipality on the warrant of the comp- troller on vouchers therefor approved by the commissioner. When the work of such project has been completed and it is determined by the commis- sioner that the amount of the cost to be borne by the municipality is in excess of the amount deposited by such municipality with the state comp- troller, the commissioner shall then notify the municipality of the deficiency of funds. The municipality shall then within ninety days of the receipt of such notice, pay such amount to the state comptroller. For purposes of this section, the term "municipality" shall include a city, county, town, village or two or more of the foregoing acting jointly. § 1-a. Subdivision 1 of section 80-b of the highway law, as amended by chapter 3 of the laws of 2023, is amended to read as follows: 1. In connection with the undertaking of any project for which the commissioner is authorized to use moneys of the federal government pursuant to the provisions of subdivision thirty-four-a of section ten and section eighty of this chapter to assure the effective discharge of state responsibilities with respect to regional transportation needs, on highways, roads, streets, bicycle paths [or], pedestrian paths, OR PARK- AND-RIDE DEVELOPMENTS that are not on the state highway system, the commissioner shall submit such project to the governing body or bodies of the affected municipality or municipalities together with estimates of costs thereof. If such project includes a municipal project, as that term is defined in accordance with article thirteen of the transporta- tion law, the state share of such municipal project shall also be included. If such project includes a project affecting a highway, road, street, bicycle path [or], pedestrian path, OR PARK-AND-RIDE DEVELOP- MENTS not on the state highway system, the state share shall be equal to eighty percent of the difference between the total project cost and the federal assistance, provided, however, the commissioner may increase the state share to an amount equal to one hundred percent of the difference between the total project cost and the federal assistance where he or she determines that the need for the project results substantially from actions undertaken pursuant to section ten of this chapter. No such project shall proceed without the approval of the governing body of a municipality. Such governing body may request the commissioner to under- take the provision of such project. If the commissioner agrees to such undertaking he or she shall notify the local governing body which shall appropriate sufficient moneys to pay the estimated amount of the munici- pal share. Such moneys shall be deposited with the state comptroller who is authorized to receive and accept the same for the purposes of such project, subject to the draft or requisition of the commissioner. When the work of such project has been completed, the commissioner shall render to the governing body of such municipality an itemized statement showing in full (a) the amount of money that has been deposited by such municipality with the state comptroller as hereinbefore provided, and (b) all disbursements made pursuant to this section for such project. Any surplus moneys shall be paid to such municipality on the warrant of the comptroller on vouchers therefor approved by the commissioner. When S. 4008--B 168 the work of such project has been completed and it is determined by the commissioner that the amount of the cost to be borne by the municipality is in excess of the amount deposited by such municipality with the state comptroller, the commissioner shall then notify the municipality of the deficiency of funds. The municipality shall then within ninety days of the receipt of such notice, pay such amount to the state comptroller. For purposes of this section, the term "municipality" shall include a city, county, town, village or two or more of the foregoing acting jointly. § 2. This act shall take effect immediately; provided, however, that the amendments to subdivision 1 of section 80-b of the highway law made by section one of this act shall be subject to the expiration of such subdivision when upon such date the provisions of section one-a of this act shall take effect. PART PPP Section 1. The department of transportation is hereby authorized and directed to conduct a study pertaining to traffic flow and safety of State Route 35 and State Route 202 from the Hudson River to the border of Connecticut. Such study shall include the bear mountain state parkway in Yorktown, the town of Cortlandt and the city of Peekskill located in Westchester county. 1. The department shall study the current conditions and data to ensure the safe and effective traffic flow of State Route 35 and State Route 202. 2. The department of transportation shall report such findings to the governor and the legislature within one year after the effective date of this act. § 2. This act shall take effect immediately and shall expire one year after it shall have become a law when upon such date the provisions of this act shall be deemed repealed. PART QQQ Section 1. This act shall be known and may be cited as the "NYS entre- preneurial training act". § 2. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding two new sections 16-hh and 16-ii to read as follows: § 16-HH. ENTREPRENEURIAL TRAINING GRANT PROGRAM. 1. THERE IS HEREBY ESTABLISHED WITHIN THE EMPIRE STATE DEVELOPMENT CORPORATION AN ENTREPRE- NEURIAL TRAINING GRANT PROGRAM. THE PROGRAM SHALL BE FORMULATED BY SUCH CORPORATION AND ADMINISTERED BY INDIVIDUAL PARTICIPATING CITIES AND TOWNS. THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE GRANTS TO ELIGI- BLE APPLICANTS TO SUPPORT AND TRAIN ENTREPRENEURIAL CANDIDATES. 2. IN ORDER FOR AN ELIGIBLE APPLICANT TO RECEIVE AN AWARD OF AN ANNUAL GRANT AN APPLICANT SHALL SUBMIT WITH ITS APPLICATION A GRADABLE BUSINESS PLAN FOR THE USE OF THE GRANT MONEY. 3. A MINIMUM OF TWENTY PERCENT OF THE PARTICIPANTS OF THE PROGRAM SHALL BE NEW YORK STATE CERTIFIED MINORITY AND WOMEN'S BUSINESS ENTER- PRISES AND A MINIMUM OF TEN PERCENT SHALL BE VETERANS OF THE UNITED STATES MILITARY. § 16-II. ENTREPRENEURIAL TRAINING GRANT PROGRAM AWARDS. 1. WITHIN AMOUNTS APPROPRIATED THEREFOR, THE EMPIRE STATE DEVELOPMENT CORPORATION S. 4008--B 169 SHALL BE AUTHORIZED TO GRANT AWARDS FOR THE SUPPORT OF APPROVED ENTRE- PRENEURIAL TRAINING GRANT PROGRAMS. 2. GRANTS TO SUPPORT AN APPROVED ENTREPRENEURIAL TRAINING GRANT PROGRAM SHALL BE AWARDED ON A COMPETITIVE BASIS IN ACCORDANCE WITH CRITERIA ESTABLISHED BY THE EMPIRE STATE DEVELOPMENT CORPORATION. 3. THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL, FROM WITHIN AMOUNTS APPROPRIATED TO SUCH CORPORATION, UNDERTAKE ALL ACTIVITIES NECESSARY TO PLAN FOR AND PRELIMINARILY PROVIDE FOR THE TIMELY IMPLEMENTATION OF THE ENTREPRENEURIAL TRAINING GRANT PROGRAM AUTHORIZED BY SECTION SIXTEEN-HH OF THIS ACT FOR THE STATE FISCAL YEAR COMMENCING ONE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. 4. PARTICIPATING CITIES HAVING A POPULATION OF ONE MILLION OR MORE SHALL BE ALLOCATED FIVE MILLION DOLLARS. ONE MILLION DOLLARS SHALL BE USED FOR THE OPERATION OF THE PROGRAM. FOUR MILLION DOLLARS SHALL BE USED TO GRANT FOUR HUNDRED TEN THOUSAND DOLLAR GRANTS TO SUCCESSFUL GRADUATES OF THE PROGRAM. 5. PARTICIPATING CITIES AND TOWNS HAVING A POPULATION OF BETWEEN NINE- TY THOUSAND AND LESS THAN ONE MILLION SHALL BE ALLOCATED FIVE HUNDRED THOUSAND DOLLARS. ONE HUNDRED THOUSAND DOLLARS SHALL BE USED FOR THE OPERATION OF THE PROGRAM. FOUR HUNDRED THOUSAND DOLLARS SHALL BE USED TO GRANT FORTY TEN THOUSAND DOLLAR GRANTS TO SUCCESSFUL GRADUATES OF THE PROGRAM. § 3. This act shall take effect immediately. PART RRR Section 1. 1. There is hereby established an East of Hudson watershed road salt reduction task force, hereinafter referred to as the "task force", to conduct a comprehensive review of road salt contamination and roadway, parking lot, driveway, and sidewalk management best practices within the East of Hudson watershed. Such task force shall consist of fourteen members which shall include the commissioner of transportation or their designee, the commissioner of environmental conservation or their designee, the commissioner of health or their designee, the commissioner of the department of environmental protection, or their designee, and ten other members to be appointed by the governor as follows: two upon the recommendation of the temporary president of the senate, two upon the recommendation of the speaker of the assembly, one upon the recommendation of the minority leader of the senate, one upon the recommendation of the minority leader of the assembly, and four without recommendation from any other person. The appointed members of the task force shall include a representative of local governments with- in the East of Hudson watershed and individuals with expertise in at least one of the following: civil engineering, hydrology, geology, the science of road salt contamination, highway maintenance and operations, and public health. For the purposes of this act, the East of Hudson watershed shall include portions of Dutchess, Putnam and Westchester counties that make up the drainage basin for the New York city reservoir system, consistent with the boundaries delineated by geographic informa- tion system maps created by the department of environmental protection. 2. Task force members shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties, to the extent funds are appropriated for such purpose. The commissioner of environmental conservation and the commissioner of transportation shall serve as joint chairs of the task force. A majority of the members of the task force shall constitute a S. 4008--B 170 quorum for the transaction of business or the exercise of any power or function of the task force. Any vacancies on the task force shall be filled in the manner provided for in the initial appointment. 3. The task force shall be authorized to hold public hearings and meetings, and to consult with any organization, educational institution, or other government entity or person, to enable it to accomplish its duties. To effectuate the purposes of this act, the task force may request and shall receive from any department, division, board, bureau, commission or other agency of the state or any state public authority such assistance to the extent funds are available, and any such informa- tion and data as will enable the task force to properly carry out its powers and duties hereunder, provided however that any request for information and data shall be reasonable in scope and volume, and provided further that any and all information received by the task force from the department of transportation shall not be redisclosed absent specific authorization by the department of transportation. 4. The task force shall undertake a review and assessment of road salt contamination within the East of Hudson watershed and assess current state, local, and commercial policies and practices with respect to state and local roadway, parking lot, driveway, and sidewalk management in winter weather within the East of Hudson watershed. This review and assessment shall take into consideration the best available science concerning road salt contamination and the nature, scope and magnitude of associated impacts to surface and ground waters, public and private lands, property and infrastructure. This assessment shall also be based on due consideration of public safety and the safety of the traveling public. 5. The task force shall prepare and submit to the governor, the tempo- rary president of the senate, the speaker of the assembly, the chairs of the senate committees on transportation, environmental conservation and health, and the chairs of the assembly committees on transportation, environmental conservation and health, on or before December first, two thousand twenty-four, a report containing: (a) findings of an initial assessment of the nature, scope and magni- tude of associated impacts of road salt on surface and ground waters, public and private lands, property, health and infrastructure in the East of Hudson watershed. This assessment shall include the identifica- tion of possible sources of salt contamination; (b) a review of current state, local, and commercial winter road management practices and levels of service for state and local roadways, parking lots, driveways, and sidewalks in the East of Hudson watershed; (c) recommendations, including consideration of estimate environ- mental, implementation, and liability costs for state and local govern- ments and the public with respect to: i. enhancement of winter road maintenance levels of service and best management practices and road salt reduction techniques to reduce state and local roadway, parking lot, driveway, and sidewalk salt contam- ination of surface and ground waters in the East of Hudson watershed, with due consideration of public safety and the safety of the traveling public; ii. recommendations for rapid response best practices to surface and ground water contamination in the East of Hudson watershed, including a determination of cost, with the intent to minimize impacts for homeown- ers to be developed in cooperation with the department of health and the department of environmental conservation; S. 4008--B 171 iii. establishment of a training program for state and local winter road maintenance workers and best practices for commercial applications of road salt used on any surfaces; and iv. advancement of a public education campaign to inform the public about road salt contamination and how the public can reduce the need for road salt; (d) recommendations for a publicly accessible record-keeping database system for road salt purchases and applications within the East of Hudson watershed; (e) recommendations for road salt reduction targets for the East of Hudson watershed that may be used to guide the department of transporta- tion, department of health, department of environmental conservation, local governments in the East of Hudson watershed and commercial enti- ties in measurably reducing sodium and chloride levels in surface and ground waters, provided, however, that such targets represent recommen- dations that may be adjusted by the department of transportation or local governments if the department of transportation or local govern- ments determine that adjustments are necessary to maintain the state and local roadways in a reasonably safe condition; and (f) recommendations for an East of Hudson watershed road salt reduction pilot program including monitoring and operational plan goals, objectives, and activities that may be used as guidance for a future pilot program, subject to appropriation, including: i. varying application methods, rates and frequencies with the intent to measurably reduce road salt applied to state and local roadways, parking lots, driveways, and sidewalks within the East of Hudson watershed. This shall include test comparisons of applications consist- ing primarily of abrasives and applications consisting primarily of deicers, especially anti-icing and deicing brines; ii. implementation of well-established best practices such as cutting back the canopy where legal and appropriate, and pre-wetting abrasives or solid deicers; iii. use of the best available technology and equipment for winter road management; iv. changes to traffic management when weather events make road condi- tions hazardous; v. monitoring of water quality of surface and ground waters on down- hill slopes of state and local roadways, parking lots, driveways, and sidewalks in the East of Hudson watershed; vi. monitoring of road conditions along state roadways within the East of Hudson watershed; vii. monitoring of truck operators using post-trip reporting; viii. tracking of weather-related crash rates on state and local road- ways within the East of Hudson watershed; and ix. the conducting of a public education and outreach campaign to inform East of Hudson watershed residents and visitors of changes to winter road maintenance practices and engaging the public in changing behaviors to support road salt reduction efforts. § 2. 1. The department of transportation and the department of envi- ronmental conservation shall review the report of the East of Hudson watershed road salt reduction task force, established pursuant to section one of this act, shall conduct water sampling and analysis, and shall incorporate into a road salt pilot program in the East of Hudson watershed those recommendations that, in the discretion of the commis- sioner of transportation, will not jeopardize the health and safety of the traveling public and for which an appropriation is available. Such S. 4008--B 172 road salt pilot program shall be established two years after such water sampling and analysis has been completed to establish necessary baseline data. Local governments in the East of Hudson watershed may review the report of the East of Hudson watershed road salt reduction task force, established pursuant to section one of this act, and may incorporate into a road salt pilot program in their jurisdiction those recommenda- tions that, in the discretion of the commissioner of transportation and the local government, will not jeopardize the health and safety of the traveling public and for which funding is available. 2. Following the incorporation of the recommendations into a road salt pilot program, the department of transportation and department of envi- ronmental conservation shall submit a summary report to the governor, temporary president of the senate, and speaker of the assembly by August 30, 2028, of the results of such pilot program, including the identifi- cation of effective and ineffective techniques for winter road mainte- nance and revised levels of service in the East of Hudson watershed. § 3. This act shall take effect immediately and shall expire 5 years after the pilot program established pursuant to section two of this act is conducted when upon such date the provisions of this act shall be deemed repealed. PART SSS Section 1. The opening paragraph of subdivision 5-a of section 340-b of the highway law, as amended by chapter 30 of the laws of 1987, is amended to read as follows: The commissioner of transportation and the city of New York, acting through the mayor or other administrative head thereof, pursuant to a resolution of the governing body of such city, are authorized to enter into a written agreement for the maintenance and repair, under the supervision and subject to the approval of the commissioner of transpor- tation, of any state interstate highway or portion thereof, exclusive of service roads and pavement on intersecting street bridges, which is within the boundaries of such city and which is now or which shall here- after be designated in section three hundred forty-a of this [chapter] ARTICLE and which has been constructed or which shall have been constructed as authorized by section three hundred forty-a of this [chapter] ARTICLE. Such agreement may provide that the state shall pay annually to such city a sum to be computed at the rate of (a) not more than [eighty-five] ONE DOLLAR AND EIGHTY-SEVEN cents per square yard of the pavement area that is included in the state highway system according to the provisions of this section, and (b) an additional [ten] TWENTY cents per square yard of such pavement area where such pavement area is located on any elevated bridge, SUCH RATE SHALL BE INCREASED IN EACH YEAR OF THE AGREEMENT BY THE PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), NEW YORK-NORTHERN NEW JERSEY-LONG ISLAND, NY-NJ-CT-PA, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS, OVER THE PRIOR FIVE YEARS. § 2. The opening paragraph of subdivision 7 of section 349-c of the highway law, as amended by chapter 30 of the laws of 1987, is amended to read as follows: The commissioner of transportation and any city named in this article, acting through the mayor or other administrative head thereof, pursuant to a resolution of the governing body of such city except the city of New York, are authorized to enter into a written agreement for the main- tenance and repair, under the supervision and subject to the approval of S. 4008--B 173 the commissioner, of any public street, main route or thoroughfare or portion thereof, exclusive of service roads and pavement on intersecting street bridges, which is within the boundaries of such city and which is now or which shall hereafter be designated in this article and which has been constructed or which shall have been constructed as authorized by [articles] THIS ARTICLE AND ARTICLE four [and twelve-B] of this chapter and with grants made available by the federal government pursuant to the federal aid highway act of nineteen hundred forty-four, being public law five hundred twenty-one of the seventy-eighth congress, chapter six hundred twenty-six, second session, as approved on the twentieth day of December, nineteen hundred forty-four. Such agreement may provide that the state shall pay annually to such city a sum to be computed at the rate of (a) not more than [eighty-five] ONE DOLLAR AND EIGHTY-SEVEN cents per square yard of the pavement area that is included in the state highway system according to the provisions of this section, and (b) an additional [ten] TWENTY cents per square yard of such pavement area where such pavement area is located on any elevated bridge, SUCH RATE SHALL BE INCREASED IN EACH YEAR OF THE AGREEMENT BY THE PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), NEW YORK-NORTHERN NEW JERSEY-LONG ISLAND, NY-NJ-CT-PA, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS, OVER THE PRIOR FIVE YEARS. § 3. This act shall take effect on the first of April next succeeding the date on which it shall have become a law. PART TTT Section 1. Subdivision (a) of section 1640 of the vehicle and traffic law is amended by adding a new paragraph 23 to read as follows: 23. ESTABLISH SCRAMBLE CROSSWALKS IN CITIES OF TWO HUNDRED FIFTY THOU- SAND OR MORE LEADING TO AND FROM SCHOOL BUILDINGS DURING TIMES OF STUDENT ARRIVAL AND DISMISSAL. SUCH SCRAMBLE CROSSWALKS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING REQUIREMENTS: (I) SCRAMBLE CROSSWALKS SHALL OPERATE ON WEEKDAYS BETWEEN 8:00 A.M. AND 4:00 P.M.; (II) PEDESTRIANS SHALL WAIT UNTIL A PEDESTRIAN-CONTROL SIGNAL INDI- CATES A SIGN TO WALK; (III) VEHICLES SHALL NOT TURN RIGHT AT THE INTERSECTION WHILE THE TRAFFIC SIGNAL INDICATES A RED LIGHT; (IV) BICYCLISTS MAY PROCEED WITH PEDESTRIANS WHEN A PEDESTRIAN-CONTROL SIGNAL INDICATES A SIGN TO WALK, PROVIDED HOWEVER, SUCH BICYCLISTS SHALL YIELD THE RIGHT OF WAY TO ALL PEDESTRIANS IN THE INTERSECTION; (V) BICYCLISTS MAY PROCEED WITH VEHICULAR TRAFFIC WHILE THE TRAFFIC SIGNAL INDICATES A GREEN LIGHT; AND (VI) SIGNS SHALL BE ERECTED AT SUCH INTERSECTIONS WITH A SCRAMBLE CROSSWALK INDICATING THAT NO PERSON SHALL ENTER THE INTERSECTION UNLESS A PEDESTRIAN-CONTROL SIGNAL INDICATES THAT ALL PEDESTRIANS MAY WALK. FOR THE PURPOSES OF THIS PARAGRAPH, "SCRAMBLE CROSSWALK" MEANS A CROSSWALK WITH A TRAFFIC SIGNAL WHICH TEMPORARILY STOPS ALL VEHICULAR TRAFFIC WHILE A PEDESTRIAN-CONTROL SIGNAL INDICATES THAT ALL PEDESTRIANS AT THE INTERSECTION SHALL CROSS THE INTERSECTION AT THE SAME TIME. § 2. This act shall take effect on the ninetieth day after it shall have become a law. PART UUU S. 4008--B 174 Section 1. Short title. This act shall be known as the "Long Island Rail Road Fare Act". § 2. Legislative findings. The New York state legislature has found that on the weekends the Long Island Rail Road, a subsidiary of the Metropolitan Transportation Authority, provides reduced fare between the hours of 12:01 AM Saturday until 11:59 AM Sunday at certain station locations. Passengers traveling to and from locations within New York city should not forfeit their enjoyment of such reduced fare because their train happens to pass through Nassau county. § 3. Section 1266 of the public authorities law is amended by adding a new subdivision 14-a to read as follows: 14-A. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF ANY CONTRACT, THE LONG ISLAND RAIL ROAD SHALL INCLUDE FAR ROCKAWAY STATION IN ITS NEW YORK CITY WEEKEND REDUCED FARE PROGRAM. SUCH STATION SHALL ENJOY THE SAME BENEFITS AS ALL OTHER STATIONS INCLUDED IN SUCH PROGRAM. § 4. This act shall take effect on the first of April next succeeding the date on which it shall have become a law. PART VVV Section 1. The public authorities law is amended by adding a new section 378-b to read as follows: § 378-B. E-ZPASS AVAILABILITY. 1. IF THE AUTHORITY SHALL VOTE TO INCREASE ANY FEES, RENTALS OR CHARGES FOR THE USE OF THE THRUWAY OR ANY PART THEREOF PURSUANT TO SUBDIVISION EIGHT OF SECTION THREE HUNDRED FIFTY-FOUR OF THIS TITLE FOR CASH OR USERS WHO DO NOT USE E-ZPASS TO PAY SUCH FEES, RENTALS OR CHARGES, THE REQUIREMENT TO MAKE A DEPOSIT OWED TO SECURE A NEW E-ZPASS TRANSPONDER SHALL BE WAIVED FOR A PERIOD OF NO LESS THAN SIXTY DAYS FROM THE LATER OF THE DATE OF SUCH VOTE OR THE DATE THAT THE INCREASE TAKES EFFECT. 2. ANY RETAIL LOCATION IN THE STATE WHICH SELLS E-ZPASS SHALL BE REQUIRED TO ACCEPT CASH PAYMENT AS A VALID METHOD TO PURCHASE AN E-ZPASS OR FOR E-ZPASS HOLDERS TO RELOAD THEIR E-ZPASS TRANSPONDER. 3. FOR PURPOSES OF THIS SECTION, "E-ZPASS" AND "E-ZPASS TRANSPONDER" SHALL MEAN A RECEIVER-TRANSMITTER ISSUED BY THE AUTHORITY IN CONNECTION WITH ELECTRONIC TOLL COLLECTION WHEN SUCH RECEIVER-TRANSMITTER IS AFFIXED TO THE EXTERIOR OF A VEHICLE IN ACCORDANCE WITH MOUNTING INSTRUCTIONS PROVIDED BY THE AUTHORITY. § 2. This act shall take effect immediately, provided however, that subdivision 2 of section 378-b of the public authorities law as added by section one of this act shall take effect on the ninetieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date. PART WWW Section 1. Subdivisions 3 and 4 of section 311 of the executive law, subdivision 3 as added by chapter 261 of the laws of 1988, paragraphs (d) and (e) of subdivision 3 as amended by chapter 55 of the laws of 1992, paragraphs (f), (h), (i), (j), (k), (l) and (m) as amended by chapter 40 of the laws of 2023, the opening paragraph of subdivision 4 as amended and paragraph (d-1) of subdivision 3 and paragraphs (d) and (e) of subdivision 4 as added by chapter 96 of the laws of 2019, para- graph (g) of subdivision 3 as amended by section 1 of part BB of chapter S. 4008--B 175 59 of the laws of 2006, and subdivision 4 as amended by chapter 361 of the laws of 2009, are amended to read as follows: 3. The director shall have the following powers and duties: (a) to encourage and assist contracting agencies in their efforts to increase participation by minority and women-owned business enterprises on state contracts and subcontracts [so as] to facilitate the award of a fair share of such contracts to them AND TO PROVIDE ON THE DIVISION'S WEBSITE A LIST OF EACH CONTRACTING AGENCY'S MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES CERTIFICATION OUTREACH SEMINARS; (b) to develop standardized forms and reporting documents necessary to implement this article; (c) to conduct educational OUTREACH programs TO ENCOURAGE THE CERTIF- ICATION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES consistent with the purposes of this article; (d) to review [periodically] QUARTERLY the practices and procedures of each contracting agency with respect to compliance with the provisions of this article, and to require them to file [periodic] QUARTERLY reports with the division of minority and women's business development as to the level of minority and women-owned business enterprises partic- ipation in the awarding of agency contracts for goods and services INCLUDING BUT NOT LIMITED TO THE NUMBER OF STATE CONTRACTS AWARDED TO CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES, THE MAXIMUM DOLLAR AMOUNT OBLIGATED PURSUANT TO ALL THOSE CONTRACTS, AND THE TOTAL EXPENDITURES MADE PURSUANT TO ALL SUCH CONTRACTS; THE NUMBER OF STATE CONTRACTS AWARDED WHICH INCLUDE A UTILIZATION PLAN FOR BUSINESS PARTIC- IPATION BY CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES, THE MAXIMUM AMOUNT OBLIGATED PURSUANT TO THOSE CONTRACTS, AND THE TOTAL EXPENDITURES MADE PURSUANT TO ALL SUCH CONTRACTS; THE NUMBER OF STATE CONTRACTS AWARDED UPON WHICH A WAIVER WAS GRANTED FROM GOALS REQUIRED BY THE CONTRACTS FOR BUSINESS PARTICIPATION BY CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES, AND THE MAXIMUM AMOUNT OBLIGATED PURSUANT TO THOSE CONTRACTS; THE NUMBER OF STATE CONTRACTS AWARDED WHICH REQUIRED GOALS FOR EMPLOYMENT OF MINORITY GROUP MEMBERS AND WOMEN; AND THE NUMBER OF STATE CONTRACTS AWARDED FOR WHICH WAIVERS OF EMPLOYMENT GOALS REQUIRED BY THE CONTRACTS HAVE BEEN GRANTED; (d-1) to require all contracting state agencies to develop a four-year growth plan to determine a means of promoting and increasing partic- ipation by [minority-owned] MINORITY and women-owned business enter- prises with respect to state contracts and subcontracts. Every four years, beginning September fifteenth, two thousand twenty, each contracting state agency shall submit a four-year growth plan as part of its annual report to the governor and legislature pursuant to section one hundred sixty-four of this chapter. (e) on January first of each year report to the governor, THE TEMPO- RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADERS OF THE SENATE AND THE ASSEMBLY, and the chairpersons of the senate finance and assembly ways and means committees on the [level] ACTUAL VERSUS PROJECTED LEVELS of minority and women-owned business enterprises participating in each agency's contracts for goods [and], services AND CONSTRUCTION, INCLUDING BUT NOT LIMITED TO THE NUMBER OF STATE CONTRACTS AWARDED TO CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES, THE MAXIMUM DOLLAR AMOUNT OBLIGATED PURSUANT TO ALL THOSE CONTRACTS, AND THE TOTAL EXPENDITURES MADE PURSUANT TO ALL SUCH CONTRACTS, and on activities of the office and effort by each contract- ing agency to promote employment of minority group members and women, and to promote and increase participation by certified businesses with S. 4008--B 176 respect to state contracts and subcontracts so as to facilitate the award of a fair share of state contracts to such businesses. The comp- troller shall assist the division in collecting information on the participation of certified business for each contracting agency. Such report may recommend new activities and programs to effectuate the purposes of this article; (f) THE DIRECTOR SHALL LIST IN THE DIVISION'S ANNUAL REPORT THE NAMES OF NON-COMPLIANT AGENCIES AND THE EXTENT OF THEIR NONCOMPLIANCE IN SUBMITTING ITS QUARTERLY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE UTILIZATION REPORTS; AND, SHALL IMPLEMENT A MASTER LIST OF ALL THE STATE AGENCIES REQUIRED TO FILE QUARTERLY COMPLIANCE REPORTS AND SHALL ATTACH SUCH LIST TO THE DIVISION'S ANNUAL REPORT. (G) to prepare and update[, no less than annually,] QUARTERLY a direc- tory of certified minority and women-owned business enterprises which shall, wherever practicable, (i) make publicly available records of all certifications and recertifications, (ii) be divided into categories of labor, services, supplies, equipment, materials and recognized construction trades, [and] (iii) indicate areas or locations of the state where such enterprises are available to perform services, AND (IV) PROVIDE FOR SUCH ENTERPRISES TO ACCESS CONTRACT AND SUBCONTRACT OPPOR- TUNITIES; [(g)] (H) to appoint independent hearing officers who by contract or terms of employment shall preside over adjudicatory hearings pursuant to section three hundred fourteen of this article for the office and who are assigned no other work by the office; [(h)] (I) to make publicly available on the division's website records of all revocations of certification for convictions for fraudulently misrepresenting the status of minority or women-owned business enter- prises or for evidence of fraudulent conduct with regard to partic- ipation of a minority or women-owned business enterprise in the perform- ance of state contracts and the reasoning for such revocations after a final determination has been made, provided that information falling into the categories enumerated in paragraphs (a) through (j) of subdivi- sion two of section eighty-seven of the public officers law shall be withheld; [(i)] (J) notwithstanding the provisions of section two hundred nine- ty-six of this chapter, to file a complaint pursuant to the provisions of section two hundred ninety-seven of this chapter where the director has knowledge that a contractor may have violated the provisions of paragraph (a), (b) or (c) of subdivision one of section two hundred ninety-six of this chapter where such violation is unrelated, separate or distinct from the state contract as expressed by its terms; [(j)] (K) to streamline the state certification process to accept federal and municipal corporation certifications; [(k)] (L) to make publicly available on the division's website records of all waivers of compliance reported pursuant to paragraph (b) of subdivision six of section three hundred thirteen of this article, including the reasoning for denial of such waivers after a final deter- mination has been made, provided that information falling into the cate- gories enumerated in paragraphs (a) through (j) of subdivision two of section eighty-seven of the public officers law shall be withheld; [(l)] (M) to work in conjunction with the industrial commissioner pursuant to paragraph (j) of subdivision one of section eight hundred eleven of the labor law to assist contractors in identifying minority group members and women who are participating in apprenticeship agree- ments under article twenty-three of the labor law; and S. 4008--B 177 [(m)] (N) to coordinate with appropriate offices, agencies, or author- ities, where applicable, to conduct site visits or perform inspections of financial records of minority or women-owned business enterprises in accordance with this article and the regulations of the director. 4. The director shall provide assistance to, and facilitate access to programs serving certified businesses as well as applicants to ensure that such businesses benefit, as needed, from technical, managerial and financial, and general business assistance; training; marketing; organ- ization and personnel skill development; project management assistance; technology assistance; bond and insurance education assistance; and other business development assistance. The director shall maintain a toll-free number at the department of economic development to be used to answer questions concerning the MWBE certification process. In addition, the director [may] SHALL, either independently or in conjunction with other state agencies: (a) develop a clearinghouse of information on programs and services provided by entities that may assist such businesses; (b) review bonding and paperwork requirements imposed by contracting agencies that may unnecessarily impede the ability of such businesses to compete; and (c) seek to maximize utilization by minority and women-owned business enterprises of available federal resources including but not limited to federal grants, loans, loan guarantees, surety bonding guarantees, tech- nical assistance, and programs and services of the federal small busi- ness administration. (d) conduct outreach events, training workshops, seminars, and other such educational programs throughout the state, including all regional offices, to state agencies, external stakeholders, and the public, to promote awareness and utilization of minority and women-owned business enterprises; and (e) identify and establish mentorship opportunities and other business development programs to increase capacity and better prepare MWBEs for bidding on contracts with state agencies upon successful completion of the mentorship opportunity. Such mentorship opportunities shall be intended to ensure that mentor and mentee are connected based on a commercially useful function. § 2. Subdivision 5 of section 312 of the executive law, as added by chapter 261 of the laws of 1988, is amended to read as follows: 5. The director shall promulgate rules and regulations to ensure that contractors and subcontractors undertake programs of affirmative action and equal employment opportunity as required by this section. Such rules and regulations as they pertain to any particular agency shall be devel- oped after consultation with contracting agencies. Such rules and regu- lations [may] SHALL require a contractor, after notice in a bid solic- itation, to submit an equal employment opportunity program [after bid opening and prior to the award of any contract] AT THE TIME BIDS ARE SUBMITTED, and [may] SHALL require the contractor or subcontractor to submit compliance reports relating to the contractor's or subcontrac- tor's operation and implementation of any equal employment opportunity program in effect as of the date the contract is executed. The contract- ing agency [may recommend to the director that] SHALL HAVE THE RIGHT TO RECOMMEND THAT the director take appropriate action according to the procedures set forth in section three hundred sixteen of this article against the contractor for noncompliance with the requirements of this section. The contracting agency shall be responsible for monitoring compliance with this section. S. 4008--B 178 § 3. Paragraph (j) of subdivision 2-a of section 313 of the executive law, as amended by chapter 96 of the laws of 2019, is amended and a new paragraph (k) is added to read as follows: (j) require each agency to consult the most current disparity study when calculating agency-wide and contract specific participation goals pursuant to this article; [and] (K) ENCOURAGE JOINT VENTURES, PARTNERSHIPS, AND MENTOR-PROTEGE RELATIONSHIPS AS DEFINED IN SECTION ONE HUNDRED FORTY-SEVEN OF THE STATE FINANCE LAW, BETWEEN PRIME CONTRACTORS AND MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES; AND § 4. Subdivision 3 and paragraph (a) of subdivision 5 of section 313 of the executive law, subdivision 3 as amended by chapter 96 of the laws of 2019, and paragraph (a) of subdivision 5 as amended by chapter 40 of the laws of 2023, are amended to read as follows: 3. Solely for the purpose of providing the opportunity for [meaning- ful] INCREASED participation by certified businesses in the performance of state contracts as provided in this section, state contracts shall include leases of real property by a state agency to a lessee where: the terms of such leases provide for the construction, demolition, replace- ment, major repair or renovation of real property and improvements ther- eon by such lessee; and the cost of such construction, demolition, replacement, major repair or renovation of real property and improve- ments thereon shall exceed the sum of one hundred thousand dollars. Reports to the director pursuant to section three hundred fifteen of this article shall include activities with respect to all such state contracts. Contracting agencies shall include or require to be included with respect to state contracts for the acquisition, construction, demo- lition, replacement, major repair or renovation of real property and improvements thereon, such provisions as [may] SHALL be necessary to effectuate the provisions of this section in every bid specification and state contract, including, but not limited to: (a) provisions requiring contractors to make a good faith effort to solicit active participation by enterprises identified in the directory of certified businesses; (b) requiring the parties to agree as a condition of entering into such contract, to be bound by the provisions of section three hundred sixteen of this article; and (c) requiring the contractor to include the provisions set forth in paragraphs (a) and (b) of this subdivision in every subcontract in a manner that the provisions will be binding upon each subcontractor as to work in connection with such contract. Provided, however, that no such provisions shall be binding upon contractors or subcontractors in the performance of work or the provision of services that are unrelated, separate or distinct from the state contract as expressed by its terms, and nothing in this section shall authorize the director or any contracting agency to impose any requirement on a contractor or subcontractor except with respect to a state contract. (a) Contracting agencies shall administer the rules and regulations promulgated by the director in a good faith effort to achieve the maxi- mum feasible participation by minority and women owned business enter- prises adopted pursuant to this article and the regulations of the director. Such rules and regulations: shall require a contractor to submit a utilization plan [after bids are opened] AT THE TIME BIDS ARE SUBMITTED, when bids are required[, but prior to the award of a state contract]; shall require the contracting agency to review the utiliza- tion plan submitted by the contractor and to post the utilization plan and any waivers of compliance issued pursuant to subdivision six of this S. 4008--B 179 section on the website of the contracting agency; shall require the contracting agency to notify the contractor in writing within a period of time specified by the director as to any deficiencies contained in the contractor's utilization plan; shall require remedy thereof within a period of time specified by the director; shall require the contractor to submit QUARTERLY compliance reports relating to the operation and implementation of any utilization plan; shall not allow any automatic waivers but shall allow a contractor to apply for a partial or total waiver of the minority and women-owned business enterprise participation requirements pursuant to subdivisions six and seven of this section; shall allow a contractor to file a complaint with the director pursuant to subdivision eight of this section in the event a contracting agency has failed or refused to issue a waiver of the minority and women-owned business enterprise participation requirements or has denied such request for a waiver; and shall allow a contracting agency to file a complaint with the director pursuant to subdivision nine of this section in the event a contractor is failing or has failed to comply with the minority and women-owned business enterprise participation requirements set forth in the state contract where no waiver has been granted. § 5. Subdivisions 1, 2-a and 3 of section 315 of the executive law, subdivisions 1 and 3 as amended and subdivision 2-a as added by chapter 96 of the laws of 2019, are amended and two new subdivisions 3-a and 8 are added to read as follows: 1. Each contracting agency shall be responsible for monitoring state contracts under its jurisdiction, and recommending matters to the office respecting non-compliance with the provisions of this article so that the office [may] SHALL take such action as [is appropriate] STATED IN SUBDIVISION THREE OF SECTION THREE HUNDRED SIXTEEN OF THIS ARTICLE. EACH CONTRACTING AGENCY SHALL HAVE THE RIGHT TO RECOMMEND THAT THE DIRECTOR IMPOSE A SANCTION, PENALTY, OR FINE FOR THREE OR MORE VIOLATIONS OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTEEN OF THIS ARTICLE, to ensure compliance with the provisions of this article, the rules and regulations of the director issued hereunder and the contractual provisions required pursuant to this article. All contracting agencies shall comply with the rules and regulations of the office and are directed to cooperate with the office and to furnish to the office such information and assistance as may be required in the performance of its functions under this article. 2-a. [To the extent practicable, upon completion of the restrictive period of a procurement, each] EACH contracting agency when notifying a contractor of a winning bid award shall also notify any minority or women-owned business enterprise identified in the contractor's submitted utilization plan of such contractor's receipt of the winning bid award. 3. Each contracting agency shall report to THE COMMISSIONER OF ECONOM- IC DEVELOPMENT, THE COMMISSIONER OF GENERAL SERVICES AND the director with respect to activities undertaken to promote employment of minority group members and women and promote and increase participation by certi- fied businesses with respect to state contracts and subcontracts. Such reports shall be submitted [no later than May fifteenth of every year] QUARTERLY and shall include such information as is necessary for the director to determine whether the contracting agency and any contractor to the contracting agency have complied with the purposes of this arti- cle, including, without limitation, THE NUMBER OF STATE CONTRACTS AWARDED TO CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES; THE MAXIMUM DOLLAR AMOUNT OBLIGATED PURSUANT TO ALL THOSE CONTRACTS; AND THE TOTAL EXPENDITURES MADE PURSUANT TO ALL SUCH CONTRACTS; THE NUMBER OF S. 4008--B 180 STATE CONTRACTS AWARDED WHICH INCLUDE A UTILIZATION PLAN FOR BUSINESS PARTICIPATION BY CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES, THE MAXIMUM AMOUNT OBLIGATED PURSUANT TO THOSE CONTRACTS, AND THE TOTAL EXPENDITURES MADE PURSUANT TO ALL SUCH CONTRACTS; a summary of all waiv- ers of the requirements of subdivisions six and seven of section three hundred thirteen of this article allowed by the contracting agency during the period covered by the report, including a description of the basis of the waiver request [and], the rationale for granting any such waiver, THE MAXIMUM AMOUNT OBLIGATED PURSUANT TO THOSE CONTRACTS; THE NUMBER OF STATE CONTRACTS AWARDED WHICH REQUIRED GOALS FOR EMPLOYMENT OF MINORITY GROUP MEMBERS AND WOMEN; THE NUMBER OF STATE CONTRACTS AWARDED FOR WHICH WAIVERS OF EMPLOYMENT GOALS REQUIRED BY THE CONTRACTS HAVE BEEN GRANTED, and any instances in which the contract agency has deemed a contractor to have committed a violation pursuant to section three hundred sixteen of this article and such other information as the direc- tor shall require. Each agency shall also include in such annual report whether or not it has been required to prepare a remedial plan, and, if so, the plan and the extent to which the agency has complied with each element of the plan. 3-A. WITHIN THIRTY DAYS AFTER COMPLETION, A COPY OF THE QUARTERLY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE REPORT SHALL BE TRANSMITTED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT, THE COMMISSIONER OF GENERAL SERVICES, AND THE DIRECTOR. A CONTRACTING AGENCY, WHICH HAS NOT LET MORE THAN TWO MILLION DOLLARS IN SERVICE AND/OR CONSTRUCTION CONTRACTS WITHIN THE APPLICABLE PERIOD MAY APPLY TO THE COMMISSIONER OF ECONOMIC DEVELOP- MENT, AND THE DIRECTOR FOR A WAIVER OF THE REQUIRED ANNUAL REPORT. THE WAIVER APPLICATION SHALL BE MADE ON SUCH FORM AS THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND THE DIRECTOR MAY PRESCRIBE. 8. IF A CONTRACTING AGENCY SHALL FAIL TO FILE OR SUBSTANTIALLY COMPLETE, AS DETERMINED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND THE DIRECTOR, THE REPORT REQUIRED BY THIS SECTION, THE DIRECTOR SHALL PROVIDE NOTICE TO THE CONTRACTING AGENCY. THE NOTICE SHALL STATE THE FOLLOWING: (A) THAT THE FAILURE TO FILE A REPORT AS REQUIRED IS A VIOLATION OF THIS SECTION, OR IN THE CASE OF AN INSUFFICIENT REPORT, THE MANNER IN WHICH THE REPORT SUBMITTED IS DEFICIENT; (B) THAT THE CONTRACTING AGENCY HAS THIRTY DAYS TO COMPLY WITH THIS SECTION OR PROVIDE AN ADEQUATE WRITTEN EXPLANATION TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF GENERAL SERVICES AND THE DIRECTOR OF THE CONTRACTING AGENCY'S REASONS FOR THE INABILITY TO COMPLY; AND (C) THAT THE CONTRACTING AGENCY'S CONTINUED FAILURE TO PROVIDE EITHER THE REQUIRED REPORT OR AN ADEQUATE EXPLANATION WILL RESULT IN AN INDE- PENDENT AUDIT OF THE CONTRACTING AGENCY, THE COST OF WHICH SHALL BE BORNE BY THE CONTRACTING AGENCY. § 6. Section 316 of the executive law, as amended by chapter 567 of the laws of 2022, is amended to read as follows: § 316. [Enforcement] VIOLATIONS AND ENFORCEMENT. 1. IT SHALL BE A VIOLATION FOR ANY PERSON OR ENTITY TO: (A) INTENTIONALLY USE OR ACQUIRE AN MWBE NAME THROUGH DECEIT OR OTHER DISHONEST MEANS IN ORDER TO NEGOTIATE A LOWER BID FROM A NON-MWBE. (B) SUBMIT TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT, DOCUMENTS OR OTHER MATERIAL AS EVIDENCE OF A GOOD FAITH EFFORT TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE WITHOUT, IN FACT, HAVING ENTERED INTO ANY CONTRACT, AGREEMENT, SUBCONTRACT, OR SUB-AGREEMENT WITH AN MWBE FOR THE S. 4008--B 181 USE OR PURCHASE OF SUCH BUSINESS ENTERPRISE'S GOODS OR SERVICES IN THE PERFORMANCE OF THE AWARDED STATE CONTRACT. (C) FAIL TO PROVIDE AN MWBE WITH SUFFICIENT INFORMATION OR OTHER REQUIRED SUPPORTING DOCUMENTATION IN ORDER FOR THE MWBE TO PREPARE A PROPER BID. 2. Upon receipt by the director of a complaint by a contracting agency that a contractor has violated the provisions of a state contract which have been included to comply with the provisions of this article or of a contractor that a contracting agency has violated such provisions or has failed or refused to issue a waiver where one has been applied for pursuant to subdivision six of section three hundred thirteen of this article or has denied such application, the director shall attempt to resolve the matter giving rise to such complaint. If efforts to resolve such matter to the satisfaction of all parties are unsuccessful, the director shall refer the matter, within thirty days of the receipt of the complaint, to the division's hearing officers. Upon conclusion of the administrative hearing, the hearing officer shall submit to the director his or her decision regarding the alleged violation of the contract and recommendations regarding the imposition of sanctions, fines or penalties. The director, within ten days of receipt of the decision, shall file a determination of such matter and shall cause a copy of such determination along with a copy of this article to be served upon the contractor by personal service or by certified mail return receipt requested. The decision of the hearing officer shall be final and may only be vacated or modified as provided in article seven- ty-eight of the civil practice law and rules upon an application made within the time provided by such article. The determination of the director as to the imposition of any fines, sanctions or penalties shall be reviewable pursuant to article seventy-eight of the civil practice law and rules. The penalties imposed for any violation which is premised upon either a fraudulent or intentional misrepresentation by the contractor or the contractor's willful and intentional disregard of the minority and women-owned participation requirement included in the contract may include a determination that the contractor shall be ineli- gible to submit a bid to any contracting agency or be awarded any such contract for a period not to exceed one year following the final deter- mination; provided however, if a contractor has previously been deter- mined to be ineligible to submit a bid pursuant to this section, the penalties imposed for any subsequent violation, if such violation occurs within five years of the first violation, may include a determination that the contractor shall be ineligible to submit a bid to any contract- ing agency or be awarded any such contract for a period not to exceed five years following the final determination. The division of minority and women's business development shall maintain a website listing all contractors that have been deemed ineligible to submit a bid pursuant to this section and the date after which each contractor shall once again become eligible to submit bids. [2.] 3. THE DIRECTOR SHALL IMPOSE A SANCTION, PENALTY, OR FINE ON ANY INDIVIDUAL OR ENTITY THAT HAS THREE OR MORE VIOLATIONS OF THIS ARTICLE WITHIN FIVE YEARS. Any fines, or portion thereof, imposed pursuant to [the foregoing subdivision] THIS SECTION, or imposed by a court of competent jurisdiction related to convictions involving fraud related to this article or otherwise involving a minority or women-owned business enterprise, [may] SHALL be required by the entity imposing such fines to be paid to the minority and women-owned business enterprise fund estab- lished pursuant to section ninety-seven-k of the state finance law. S. 4008--B 182 SUCH FUNDS SHALL BE USED TO SUBSIDIZE THE FACILITATION OF THE PROVISIONS OF THIS ARTICLE. OTHER SANCTIONS SHALL INCLUDE BARRING SUCH ENTITY OR INDIVIDUAL FROM CONTRACTING WITH SUCH AGENCY FOR A PERIOD NOT TO EXCEED FIVE YEARS. § 7. Subdivision 1 of section 137 of the state finance law, as sepa- rately amended by section 17 of part MM of chapter 57 and chapter 619 of the laws of 2008, is amended to read as follows: 1. In addition to other bond or bonds, if any, required by law for the completion of a work specified in a contract for the prosecution of a public improvement for the state of New York a municipal corporation, a public benefit corporation or a commission appointed pursuant to law, or in the absence of any such requirement, the comptroller may or the other appropriate official, respectively, shall nevertheless require prior to the approval of any such contract a bond guaranteeing prompt payment of moneys due to all persons furnishing labor or materials to the contrac- tor or any subcontractors in the prosecution of the work provided for in such contract. Whenever a municipal corporation issues a permit subject to compliance with section two hundred twenty of the labor law, such permittee or its contractor or subcontractors furnishing workers shall post a payment bond subject to this section. Provided, however, that all performance bonds and payment bonds may, at the discretion of the head of the state agency, public benefit corporation or commission, or his or her designee, be dispensed with for the completion of a work specified in a contract for the prosecution of a public improvement for the state of New York for which bids are solicited where the aggregate amount of the contract is under one hundred thousand dollars and provided further, that in a case where the contract is not subject to the multiple contract award requirements of section one hundred thirty-five of this article, such requirements may be dispensed with where the head of the state agency, public benefit corporation or commission finds it to be in the public interest and where the aggregate amount of the contract awarded or to be awarded is less than two hundred thousand dollars. IN A CASE WHERE A CONTRACT IS AWARDED TO A SMALL BUSINESS CONCERN OR TO A MINORITY OR WOMEN-OWNED BUSINESS CONCERN, ALL PERFORMANCE BONDS AND PAYMENT BONDS MAY BE DISPENSED WITH WHEN THE AGGREGATE AMOUNT OF THE CONTRACT IS UNDER FIVE HUNDRED THOUSAND DOLLARS. ADVERTISEMENTS FOR BIDS SHALL PROVIDE INFORMATION AS TO THE REQUIREMENTS FOR, OR DISPENSATION OF, PERFORMANCE AND PAYMENT BONDS. Provided further, that in a case where a performance or payment bond is dispensed with, twenty per centum may be retained from each progress payment or estimate until the entire contract work has been completed and accepted, at which time the head of the state agency, public benefit corporation or commission shall, pend- ing the payment of the final estimate, pay not to exceed seventy-five per centum of the amount of the retained percentage. § 8. Subdivision 4 of section 139-f of the state finance law, as amended by chapter 83 of the laws of 1995, is amended to read as follows: 4. Notwithstanding any other provision of this section or other law, requirements for the furnishing of a performance bond or a payment bond may be dispensed with at the discretion of the head of the state agency or corporation, or his or her designee, where the public owner is a state agency or corporation described in subdivision one-a of this section and the aggregate amount of the contract awarded or to be awarded is under fifty thousand dollars and, in a case where the contract is not subject to the multiple contract award requirements of section one hundred thirty-five of this article, such requirements may S. 4008--B 183 be dispensed with where the head of the state agency or corporation finds it to be in the public interest and where the aggregate amount of the contract awarded or to be awarded is under two hundred thousand dollars. IN A CASE WHERE A CONTRACT IS AWARDED TO A SMALL BUSINESS CONCERN OR TO A MINORITY OR WOMEN-OWNED BUSINESS CONCERN, ALL PERFORM- ANCE BONDS AND PAYMENT BONDS MAY BE DISPENSED WITH WHEN THE AGGREGATE AMOUNT OF THE CONTRACT IS UNDER FIVE HUNDRED THOUSAND DOLLARS. ADVER- TISEMENTS FOR PROPOSALS SHALL PROVIDE INFORMATION AS TO THE REQUIREMENTS FOR, OR DISPENSATION OF, PERFORMANCE AND PAYMENT BONDS. Provided further, that in a case where a performance or payment bond is dispensed with, twenty per centum may be retained from each progress payment or estimate until the entire contract work has been completed and accepted, at which time the head of the state agency or corporation shall, pending the payment of the final estimate, pay not to exceed seventy-five per centum of the amount of the retained percentage. § 9. The opening paragraph of section 139-g of the state finance law, as amended by chapter 636 of the laws of 2003, is amended to read as follows: In every state agency, department and authority which has let more than two million dollars in service and construction contracts AND STATE ASSISTED PROJECT CONTRACTS in the prior fiscal year, the chief executive officer of that agency, department or authority shall, with respect to those contracts AND STATE ASSISTED PROJECT CONTRACTS let by his OR HER agency, department or authority: § 10. The opening paragraph of subdivision (b) of section 139-g of the state finance law, as amended by chapter 636 of the laws of 2003, is amended to read as follows: identify all small-business and certified women and minority-owned business concerns which, in the judgment of the chief executive officer of that agency, department or authority, can bid on those contracts AND STATE ASSISTED PROJECT CONTRACTS which are usually and customarily let by that agency, department or authority, OR IN WHICH THAT AUTHORITY PROVIDES A GRANT OR LOAN OR TAX EXEMPT FINANCING, with a reasonable expectation of success. Such chief executive officers shall carry out the provisions of this subdivision: § 11. Section 139-g of the state finance law is amended by adding a new subdivision (e) to read as follows: (E) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS: (I) "STATE ASSISTED PROJECT CONTRACT" SHALL MEAN ANY WRITTEN AGREEMENT ARISING OUT OF A STATE ASSISTED HOUSING PROJECT OR STATE ASSISTED ECONOMIC DEVELOPMENT PROJECT OR STATE ASSISTED HIGHER EDUCATION PROJECT OR STATE ASSISTED HOSPITAL OR HEALTH CARE FACILITY PROJECT, FOR WHICH THE TOTAL PROJECT COST EXCEEDS TWO MILLION DOLLARS AND FOR WHICH THE PROJECT OWNER IS COMMITTED TO SPEND OR DOES EXPEND FUNDS FOR THE ACQUI- SITION, CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR REPAIR, OR RENO- VATION OF REAL PROPERTY AND IMPROVEMENTS THEREON FOR SUCH PROJECT. (II) "STATE ASSISTED HOUSING PROJECT" SHALL MEAN THOSE PROJECTS WHICH RECEIVE FROM THE NEW YORK STATE HOUSING FINANCE AGENCY TAX-EXEMPT FINANCING FOR ALL OR PART OF THE TOTAL PROJECT COST. (III) "STATE ASSISTED ECONOMIC DEVELOPMENT PROJECT" SHALL MEAN THOSE PROJECTS WHICH RECEIVE FROM THE NEW YORK FOUNDATION OF SCIENCE TECHNOLO- GY AND INNOVATION, OR THE URBAN DEVELOPMENT CORPORATION AND ITS SUBSID- IARIES A GRANT OR LOAN OR TAX-EXEMPT FINANCING FOR ALL OR PART OF THE TOTAL PROJECT COST. S. 4008--B 184 (IV) "STATE ASSISTED HIGHER EDUCATION PROJECT" SHALL MEAN THOSE PROJECTS WHICH RECEIVE FROM THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK A GRANT OR LOAN OR TAX-EXEMPT FINANCING FOR ALL OR PART OF THE TOTAL PROJECT COST. (V) "STATE ASSISTED HOSPITAL OR HEALTH CARE FACILITY PROJECT" SHALL MEAN THOSE PROJECTS WHICH RECEIVE FROM THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK A GRANT OR LOAN OR TAX-EXEMPT FINANCING FOR ALL OR PART OF THE TOTAL PROJECT COST. § 12. This act shall take effect immediately, provided however, that if chapter 40 of the laws of 2023 shall not have taken effect on or before such date then sections one and four of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2023 takes effect; provided further, the amendments to article 15-A of the executive law made by sections one, two, three, four, five and six of this act shall not affect the repeal of such article and shall be deemed repealed therewith. PART XXX Section 1. The public authorities law is amended by adding a new section 8 to read as follows: § 8. LOCAL AUTHORITIES SEARCHABLE SUBSIDY AND ECONOMIC DEVELOPMENT BENEFITS DATABASE. (1) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN: (I) FUNDS MADE AVAILABLE BY A LOCAL AUTHORITY, INCLUDING WITHOUT LIMI- TATION ANY ENTITY CREATED INCORPORATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, FOR ECONOMIC DEVELOPMENT, OR JOB CREATION PURPOSES INCLUDING, BUT NOT LIMITED TO, GRANTS, LOANS, LOAN GUARANTEES, LOAN INTEREST SUBSIDIES, AND SUBSIDIES; AND (II) TAX CREDITS, TAX EXEMPTIONS, REDUCED TAX RATES OR OTHER TAX INCENTIVES WHICH ARE APPLIED FOR AND PREAPPROVED OR CERTIFIED BY OR ON BEHALF OF A LOCAL AUTHORITY, INCLUDING WITHOUT LIMITATION ANY ENTITY CREATED INCORPORATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, FOR ECONOMIC DEVELOPMENT. (B) "ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN THOSE ECONOMIC DEVELOPMENT BENEFITS MADE AVAILABLE TO THE LOCAL AUTHORITY, INCLUDING WITHOUT LIMITATION ANY ENTITY CREATED INCORPORATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, BY A STATE ENTITY TO AWARD SUCH BENEFITS TO QUALIFIED RECIPIENTS. (C) "QUALIFIED PARTICIPANT" SHALL MEAN A PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR ANY OTHER ENTITY THAT HAS APPLIED FOR AND RECEIVED BENEFITS AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION. (D) "FULL-TIME EQUIVALENT" SHALL MEAN A UNIT OF MEASURE, WHICH IS EQUAL TO ONE FILLED, FULL-TIME, ANNUAL-SALARIED POSITION. (E) "PROJECT HIRES" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS HIRED FOR A SEASON OR FOR A LIMITED PERIOD OF TIME. (F) "PART-TIME JOB" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS EMPLOYED BY A QUALIFIED PARTICIPANT FOR LESS THAN THIRTY-FIVE HOURS A WEEK. (G) "THE OFFICE" SHALL MEAN THE AUTHORITIES BUDGET OFFICE. (I) "THE DATABASE" OR "THE SEARCHABLE DATABASE" SHALL MEAN THE DATA- BASE CREATED PURSUANT TO SUBDIVISION TWO OF THIS SECTION. (J) "THE PROJECT" SHALL MEAN SPECIFIC WORK, ACTION, ENDEAVOR, CONTRACT OR AGREEMENT FOR WHICH ANY ECONOMIC BENEFIT AS DEFINED IN PARAGRAPHS (A) S. 4008--B 185 AND (B) OF THIS SUBDIVISION, IS MADE AVAILABLE OR AWARDED BY A LOCAL AUTHORITY TO, INCLUDING WITHOUT LIMITATION ANY ENTITY CREATED INCORPO- RATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, TO A PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR ANY OTHER ENTITY. 2. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE OFFICE SHALL CREATE A SEARCHABLE DATABASE, DISPLAYING DATA REGARDING ECONOMIC DEVELOPMENT BENEFITS THAT A QUALIFIED PARTICIPANT HAS BEEN AWARDED. SUCH DATABASE SHALL ALSO SEPARATELY DISPLAY DATA REGARDING ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS AND THE AGGREGATE TOTAL OF BENEFITS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, TO THE EXTENT THAT SUCH DATA HAS BEEN MADE AVAILABLE TO AND IS RECEIVED BY THE OFFICE IN THE FORM AND MANNER PRESCRIBED BY THE OFFICE. SUCH SEARCHABLE DATABASE SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING DATA, FEATURES AND FUNCTION- ALITY TO THE EXTENT PRACTICABLE: (A) THE ABILITY TO SEARCH THE DATABASE BY EACH OF THE REPORTED INFOR- MATION FIELDS; (B) THE ABILITY TO BE SEARCHABLE, DOWNLOADABLE, AND UPDATED QUARTERLY, AND POSTED ON A PUBLICLY ACCESSIBLE WEBSITE AS WELL AS REFERENCED ON THE OFFICE'S WEBSITE, WITH A DIRECT LINK TO THE DATABASE; (C) THE FOLLOWING DATA ON PROJECTS SHALL BE INCLUDED: (I) A QUALIFIED PARTICIPANT'S NAME AND PROJECT, PROJECT LOCATION, THE PROJECT'S COMPLETE ADDRESS, INCLUDING THE POSTAL CODE IN A SEPARATE AND SEARCHABLE FIELD, AND THE ECONOMIC REGION OF THE STATE; (II) THE TIME SPAN OVER WHICH A QUALIFIED PARTICIPANT IS TO RECEIVE OR HAS RECEIVED AGGREGATE ECONOMIC DEVELOPMENT BENEFITS; (III) THE TYPE OF SUCH ECONOMIC DEVELOPMENT BENEFITS, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, PROVIDED TO A QUALI- FIED PARTICIPANT, INCLUDING THE NAME OF THE PROGRAM OR PROGRAMS THROUGH WHICH SUCH BENEFITS ARE PROVIDED, AND DETAILS AS TO WHETHER SUCH PROGRAMS ARE GRANTS OR TAX CREDIT PROGRAMS AS A SEPARATE AND SEARCHABLE FIELD. SUCH DATA SHALL BE PROVIDED TO THE EXTENT PRACTICABLE FOR ALL CONTRACTS INITIATED SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION; (IV) THE TOTAL NUMBER OF EMPLOYEES AT ALL ENTITIES UTILIZING SUCH ECONOMIC DEVELOPMENT BENEFITS AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, AT THE TIME OF THE AGREEMENT, INCLUDING THE NUMBER OF FULL-TIME EQUIVALENTS, PROVIDED THAT ANY PROJECT HIRES OR PART-TIME JOBS SHALL BE DISPLAYED IN SEPARATE FIELDS AND MAY BE CONVERTED TO FULL- TIME EQUIVALENTS AND DENOTED AS SUCH, TO THE EXTENT PRACTICABLE FOR ALL CONTRACTS INITIATED SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION; (V) FOR ANY ECONOMIC DEVELOPMENT BENEFITS AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION THAT PROVIDES FOR JOB RETENTION OR JOB CREATION, THAT A QUALIFIED PARTICIPANT HAS BEEN AWARDED, THE TOTAL JOB CREATION COMMITMENTS, JOB RETENTION COMMITMENTS, JOB CREATION ACTUAL NUMBER, AND THE JOB RETENTION ACTUAL NUMBER, DISPLAYED IN TERMS OF FULL- TIME EQUIVALENTS WHERE ANY PROJECT HIRES OR PART-TIME JOBS MAY BE CONVERTED TO FULL-TIME EQUIVALENTS AND DENOTED AS SUCH, THE ACTUAL AVER- AGE WAGE BY OCCUPATION OR JOB CLASSIFICATION AND TOTAL PAYROLL TO BE CREATED AS A RESULT OF THE BENEFITS, SHALL BE PROVIDED, EACH DISPLAYED AS SEPARATE AND SEARCHABLE FIELDS; (VI) THE TOTAL AND SEPARATE AMOUNT OF ECONOMIC DEVELOPMENT BENEFITS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION RECEIVED BY A QUALIFIED PARTICIPANT TO DATE; (VII) THE TOTAL PUBLIC-PRIVATE INVESTMENT MADE TO A PROJECT, TOTAL PUBLIC FUNDING RECEIVED BY A PROJECT, AND PROJECT STATUS; S. 4008--B 186 (VIII) DETAILS RELATED TO INDIVIDUAL PROJECT COMPLIANCE INDICATING WHETHER, DURING THE CURRENT REPORTING QUARTER, THE ENTITY MANAGING THE AWARD HAS REDUCED, CANCELLED, OR RECAPTURED ANY ECONOMIC DEVELOPMENT BENEFITS OR ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS FROM A QUALI- FIED PARTICIPANT, AND, IF SO, THE TOTAL AMOUNT OF THE REDUCTION, CANCEL- LATION, OR RECAPTURE. SEPARATELY, A NOTATION OF PENALTIES ASSESSED SHALL BE DISPLAYED IN A SEPARATE AND SEARCHABLE FIELD, AS WELL AS THE REASONS THEREFOR IN ANOTHER SEPARATE AND SEARCHABLE FIELD; (IX) THE ABILITY TO DIGITALLY SELECT DEFINED INDIVIDUAL FIELDS CORRE- SPONDING TO ANY OF THE REPORTED INFORMATION FROM QUALIFIED PARTICIPANTS TO CREATE UNIQUE DATABASE VIEWS; (X) THE ABILITY TO DOWNLOAD THE DATABASE IN ITS ENTIRETY, OR IN PART, IN A COMMON MACHINE READABLE FORMAT; (XI) A DEFINITION OR DESCRIPTION OF TERMS FOR FIELDS IN THE DATABASE; (XII) A SUMMARY OF EACH SEPARATE ECONOMIC DEVELOPMENT BENEFIT DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AWARDED TO QUALIFIED PARTICIPANTS; (XIII) A USER-FRIENDLY GUIDE TO OUTLINE THE FEATURES AND FUNCTIONALITY OF THE DATABASE; AND (XIV) A DEDICATED EMAIL ACCOUNT FOR THE PUBLIC TO DIRECT QUESTIONS RELATED TO THE DATABASE, AND THE OFFICE MAILING ADDRESS, OFFICE TELE- PHONE NUMBER, AND NAME OF THE CHIEF OFFICER OF THE GRANTING BODY. 3. DATA RELATED TO SUBPARAGRAPHS (I) THROUGH (VI) OF PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION SHALL BE ANALYZED FOR QUALITY AND ACCU- RACY BY THE ENTITY OR AUTHORITY PROVIDING SUCH FUNDING TO QUALIFIED RECIPIENTS AND MANAGING THE CONTRACTS RELATED THERETO. UPON SUBMISSION OF SUCH DATA TO THE OFFICE FOR INCLUSION IN THE DATABASE, ALL AWARDING ENTITIES SHALL CERTIFY TO THE OFFICE THAT EACH FIELD OF PROJECT DATA ACCURATELY SUMMARIZES PROJECT INVESTMENTS AND AMOUNTS AND CONTAINS NO KNOWN MISREPRESENTATION OF MATERIAL FACTS. 4. UPON REQUEST THE OFFICE SHALL PROVIDE, OR DIRECT TO A SOURCE PROVIDING, IN AN ELECTRONICALLY ACCESSIBLE AND DOWNLOADABLE FORM, ANY CONTRACTS OR AWARD AGREEMENTS FOR PROJECTS INCLUDED IN THE DATABASE, TO THE EXTENT SUCH CONTRACTS OR AWARD AGREEMENTS ARE AVAILABLE TO THE PUBLIC PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW OR ANY OTHER LAW. SUCH CONTRACTS MAY, UPON REQUEST FROM THE OFFICE, BE SHARED BY THE ENTITY HOLDING AND MANAGING SUCH CONTRACT. 5. THE OFFICE MAY REQUEST ANY DATA FROM QUALIFIED PARTICIPANTS THAT IS NECESSARY AND REQUIRED IN DEVELOPING, UPDATING, AND MAINTAINING THE SEARCHABLE DATABASE. SUCH QUALIFIED PARTICIPANTS SHALL PROVIDE ANY SUCH INFORMATION REQUESTED BY THE OFFICE. 6. THE OFFICE SHALL PRESCRIBE THE FORM AND MANNER IN WHICH A LOCAL AUTHORITY AWARDING OTHER STATE AGENCY ECONOMIC DEVELOPMENT BENEFITS SHALL SUBMIT INFORMATION AND DATA REGARDING OTHER STATE AGENCY BENEFITS AS REQUIRED FOR DEVELOPING, UPDATING, AND MAINTAINING THE DATABASE AND PUBLISH GUIDELINES AS NEEDED TO FACILITATE RECEIPT OF SUCH DATA TO COMPLY WITH THE PROVISIONS OF THIS SECTION, INCLUDING THE SUBMISSION PROVISIONS OF SUBDIVISION THREE OF THIS SECTION. THE CORPORATION, TO THE EXTENT PRACTICABLE, SHALL NOTE ON THE DATABASE WHERE A STATE AGENCY OR AUTHORITY FAILED TO SUBMIT THE REQUIRED DATA. 7. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE OFFICE MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMIS- SION OR OTHER AGENCY OF THE STATE, OR ANY STATE OR LOCAL PUBLIC AUTHORI- TY SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE OFFICE TO CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION. S. 4008--B 187 § 2. Section 2807 of public authorities law, as added by section 3 of part NNN of chapter 58 of the laws of 2022, is amended to read as follows: § 2807. 1. Reporting for searchable state subsidy and aggregate economic development benefits database. Notwithstanding any other provision of law to the contrary, every state authority shall submit to the urban development corporation, and update quarterly, in the form and manner prescribed by the urban development corporation, any and all data and information as necessary for developing, updating, and maintaining the database established in section fifty-eight of section one of chap- ter one hundred seventy-four of the laws of nineteen hundred sixty- eight, constituting the New York state urban development corporation act, regarding economic development benefits, as such term is defined in such section, awarded by such state authority. A state authority may request and shall receive any data from an individual, business, limited liability corporation or any other entity that has applied for and received approval for, or is the beneficiary of, any such economic development benefits, as is necessary and required to comply with this section. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A LOCAL AUTHORITY SHALL SUBMIT TO THE AUTHORITIES BUDGET OFFICE, AND UPDATE QUARTERLY, IN THE FORM AND MANNER PRESCRIBED BY THE AUTHORITIES BUDGET OFFICE, ANY AND ALL DATA AND INFORMATION AS NECESSARY FOR DEVELOPING, UPDATING, AND MAINTAINING THE DATABASE ESTABLISHED IN SECTION EIGHT OF THE PUBLIC AUTHORITIES LAW, REGARDING ECONOMIC DEVELOPMENT BENEFITS, AS THE TERM IS DEFINED THEREIN, AWARDED BY SUCH AUTHORITY. A LOCAL AUTHORI- TY MAY REQUEST AND SHALL RECEIVE ANY DATA FROM A PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR ANY OTHER ENTITY THAT HAS APPLIED FOR AND RECEIVED APPROVAL FOR OR IS THE BENEFICIARY OF, ANY SUCH ECONOMIC DEVELOPMENT BENEFITS, AS IS NECESSARY AND REQUIRED TO COMPLY WITH THIS SECTION. § 3. The general municipal law is amended by adding a new section 859-d to read as follows: § 859-D. REPORTING FOR THE LOCAL AUTHORITIES SEARCHABLE SUBSIDY AND ECONOMIC DEVELOPMENT BENEFITS DATABASE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN INDUSTRIAL DEVELOPMENT AGENCY SHALL SUBMIT TO THE AUTHORITIES BUDGET OFFICE, AND UPDATE QUARTERLY, IN THE FORM AND MANNER PRESCRIBED BY THE AUTHORITIES BUDGET OFFICE, ANY AND ALL DATA AND INFORMATION AS NECESSARY FOR DEVELOPING, UPDATING, AND MAIN- TAINING THE DATABASE ESTABLISHED IN SECTION EIGHT OF THE PUBLIC AUTHOR- ITIES LAW, REGARDING ECONOMIC DEVELOPMENT BENEFITS, AS THE TERM IS DEFINED THEREIN, AWARDED BY SUCH INDUSTRIAL DEVELOPMENT AGENCY. AN INDUSTRIAL DEVELOPMENT AGENCY MAY REQUEST AND SHALL RECEIVE ANY DATA FROM A PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR ANY OTHER ENTITY THAT HAS APPLIED FOR AND RECEIVED APPROVAL FOR OR IS THE BENEFI- CIARY OF, ANY SUCH ECONOMIC DEVELOPMENT BENEFITS, AS IS NECESSARY AND REQUIRED TO COMPLY WITH THIS SECTION. § 4. Paragraph (i) of section 1411 of the not-for-profit corporation law is amended and a new paragraph (j) is added to read as follows: (i) Effect of section. Corporations incorporated or reincorporated under this section shall be organized and operated exclusively for the purposes set forth in paragraph (a) OF THIS SECTION, shall have, in addition to the powers otherwise conferred by law, the powers conferred by paragraph (c) OF THIS SECTION and shall be subject to all the restrictions and limita- tions imposed by paragraph (e) [and], paragraph (g), AND PARAGRAPH (J) S. 4008--B 188 OF THIS SECTION. In so far as the provisions of this section are incon- sistent with the provisions of any other law, general or special, the provisions of this section shall be controlling as to corporations incorporated or reincorporated hereunder. (J) PUBLIC AUTHORITIES LAW. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A CORPO- RATION INCORPORATED OR REINCORPORATED UNDER THIS SECTION SHALL BE CONSIDERED A LOCAL AUTHORITY UNDER THE PUBLIC AUTHORITIES LAW, AND BE SUBJECT TO THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED SEVEN OF THE PUBLIC AUTHORITIES LAW. § 5. This act shall take effect on the ninetieth day after it shall have become a law. PART YYY Section 1. Subdivision 6 of section 51 of the public authorities law is REPEALED. § 2. This act shall take effect immediately. PART ZZZ Section 1. Section 429 of the real property tax law, as added by chap- ter 459 of the laws of 1982, is amended to read as follows: § 429. Real property used for professional major league sports. Real property within a city having a population of one million or more, used by both a professional major league hockey team which is a member of the National Hockey League and a professional major league basketball team which is a member of the National Basketball Association to play their home games shall be exempt from taxation to the extent said taxes are the obligation by lease or otherwise of the owners of franchises for such teams, provided that such owners enter into a written agreement with the chief executive officer of the municipality in which such prop- erty is located to play their home games within such municipality for a period of at least ten consecutive years; PROVIDED HOWEVER, THAT IN NO CASE SHALL THE EXEMPTION GRANTED BY THIS SECTION APPLY TO ANY ASSESSMENT ROLL ISSUED AFTER THE TWO THOUSAND TWENTY-THREE ASSESSMENT ROLL. The tax exemption provided herein shall be granted to real property being used, in whole or in part, for the aforesaid purposes on the date such agreement is executed and shall apply to taxes which become due and payable after the aforestated agreement is executed and shall continue with respect to such property as long as both of said teams play their home games therein and no longer. Such exemption shall not apply with respect to any improvement to such property made after the date such agreement is executed which improvement is not used for the provision of facilities or services related to sports, entertainment, expositions, conventions or trade shows. If one or both of said teams shall cease to play their home games in said property at any time, the tax exemption provided herein shall cease immediately and such property shall imme- diately be restored to the tax rolls and thereupon become subject to taxation and shall be taxed pro rata for the unexpired portion of the taxable year. § 2. The real property tax law is amended by adding a new section 429-a to read as follows: § 429-A. EXPIRATION OF MAJOR LEAGUE SPORTS EXEMPTION. THE REAL PROPER- TY TAX EXEMPTION UNDER SECTION FOUR HUNDRED TWENTY-NINE OF THIS ARTICLE SHALL EXPIRE UPON THE EFFECTIVE DATE OF THIS SECTION; PROVIDED HOWEVER, S. 4008--B 189 THAT THE REVENUE AND PENALTIES COLLECTED BY THE NEW YORK CITY DEPARTMENT OF FINANCE FOR SUCH REAL PROPERTY SHALL BE REMITTED BY THE CITY OF NEW YORK TO THE METROPOLITAN TRANSPORTATION AUTHORITY ON A SEMIANNUAL BASIS, TO BE DEPOSITED INTO THE METROPOLITAN TRANSPORTATION AUTHORITY FINANCE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-H OF THE PUBLIC AUTHORITIES LAW. § 3. This act shall take effect immediately; provided however, that the provisions of this act shall apply to assessment rolls beginning with the 2024 assessment roll. PART AAAA Section 1. Subparagraphs (vii) and (viii) and the closing paragraph of paragraph (d) of subdivision 2-a of section 1269-b of the public author- ities law, as added by section 1 of part LLL of chapter 58 of the laws of 2022, are amended and three new subparagraphs (ix), (x), (xi) and an undesignated paragraph are added to read as follows: (vii) budget information including the original budget at the time of project commitment when scope and budget are defined, all amendments, the current budget and planned annual allocations; [and] (viii) a schedule for project delivery including original, amended and current start and completion dates as projects develop at each phase[.]; (IX) A LISTING OF ALL CONTRACT NUMBERS, VENDORS, AND CONTRACTORS ASSO- CIATED WITH THE PROJECT; (X) ALL SOURCES OF FUNDING FOR THE PROJECT; AND (XI) CODING REGARDING WHETHER THE PROJECT IS RELATED TO ACCESSIBILITY OR RESILIENCY. FOR THE PURPOSES OF THIS PARAGRAPH, SOURCES OF FUNDING SHALL BE SPECI- FIED AS FROM THE STATE OF NEW YORK, THE FEDERAL GOVERNMENT, THE CITY OF NEW YORK, OR ANY OTHER RELEVANT SOURCE. FUNDING FROM THE STATE OF NEW YORK SHALL FURTHER SPECIFY WHETHER IT HAS BEEN OBTAINED FROM THE CENTRAL BUSINESS DISTRICT TOLLING LOCKBOX AS ESTABLISHED BY SECTION FIVE HUNDRED FIFTY-THREE-J OF THIS CHAPTER OR ANY SUCCESSOR FUND OR ACCOUNT PROVIDED BY LAW. ACCESSIBILITY SHALL MEAN PROJECTS REGARDING ELEVATORS, ESCALA- TORS OR OTHER PROJECTS RELATED TO COMPLIANCE WITH THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED, AND CORRESPONDING GUIDELINES. RESILIENCY SHALL HAVE THE SAME MEANING AS DEFINED BY THE AUTHORITY IN ITS TWENTY-YEAR NEEDS ASSESSMENT RELEASED IN TWO THOUSAND TWENTY-THREE AS REQUIRED BY SUBDIVISION C OF SECTION TWELVE HUNDRED SIXTY-NINE-C OF THIS TITLE. The status of projects shall be provided and state the current phase of the project, such as planning, design, construction or completion, and shall state how far the project has progressed as measured in percentage by expenditure. The dashboard shall measure progress based on original budgets at the time of project commitment when scope and budget are defined. At a minimum, all changes to planned budgets of greater than ten percent, significant project scope or a three month or more change in schedule shall be provided in narrative form and describe the reason for each change or amendment. The dashboard shall include a glos- sary or data dictionary which contains plain language descriptions of the data, INCLUDING INDIVIDUAL PROJECT DATA, and ANY OTHER information provided on the dashboard. THE AUTHORITY SHALL PROVIDE A DEFINITION OF RESILIENCY IN THE GLOSSARY OR DATA DICTIONARY. The dashboard shall be updated, at a minimum, on a quarterly basis, and all data fields avail- able on the dashboard shall be made available for download on the authority's website in a single tabular data file in a common, machine S. 4008--B 190 readable format. Capital dashboard data shall also be made available on the data.ny.gov website or such other successor website maintained by, or on behalf of, the state, as deemed appropriate by the New York state office of information technology services under executive order number ninety-five of two thousand thirteen, or any successor agency or order. § 2. Section 1276-b of the public authorities law is amended by adding two new subdivisions 6 and 7 to read as follows: 6. THE AUTHORITY SHALL PUBLISH ALL DATA PERTAINING TO EACH AUTHORITY'S BUDGET AND FINANCIAL PLANS AS REQUIRED BY THIS SECTION IN A COMMON, MACHINE READABLE FORMAT ON THE AUTHORITY'S WEBSITE AS DEFINED BY EXECU- TIVE ORDER NUMBER NINETY-FIVE OF TWO THOUSAND THIRTEEN, "USING TECHNOLO- GY TO PROMOTE TRANSPARENCY, IMPROVE GOVERNMENT PERFORMANCE AND ENHANCE CITIZEN ENGAGEMENT" OR ANY SUCCESSOR ORDER. SUCH DATA SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) ESTIMATES OF PROJECTED OPERATING REVENUES AND EXPENSES, INCLUDING MONTHLY PROJECTIONS FOR THE CURRENT FISCAL YEAR OF ALL REVENUES AND EXPENSES; (B) ANY PLANNED TRANSACTION THAT WOULD SHIFT RESOURCES, FROM ANY SOURCE, FROM ONE FISCAL YEAR TO ANOTHER, AND THE AMOUNT OF ANY RESERVES; (C) QUARTERLY REVENUE AND EXPENSE TARGETS; (D) STAFFING FOR THE AUTHORITY AND EACH OF ITS AGENCIES; (E) A COMPARISON OF ACTUAL REVENUES AND EXPENSES, ACTUAL STAFFING AND ACTUAL UTILIZATION TO PLANNED OR PROJECTED LEVELS FOR EACH OF THE AUTHORITY'S AGENCIES THAT OPERATE TRANSPORTATION SYSTEMS; (F) THE STATUS OF EACH GAP-CLOSING INITIATIVE WITH A PROJECTED VALUE GREATER THAN ONE MILLION DOLLARS IN ANY GIVEN FISCAL YEAR; AND (G) THE STATUS OF CAPITAL PROJECTS BY CAPITAL ELEMENT, INCLUDING BUT NOT LIMITED TO COMMITMENTS, EXPENDITURES AND COMPLETIONS; AND AN EXPLA- NATION OF MATERIAL VARIANCES FROM THE PLAN, COST OVERRUNS AND DELAYS. 7. THE DATA REQUIRED TO BE PUBLISHED PURSUANT TO THIS SECTION SHALL BE MADE IN A SINGLE TABULAR DATA FILE IN A COMMON, MACHINE READABLE FORMAT AND SHALL BE ACCESSIBLE ON THE AUTHORITY'S WEBSITE AND THE WEBSITE DATA.NY.GOV OR SUCH OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE, AS DEEMED APPROPRIATE BY THE NEW YORK STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES UNDER EXECUTIVE ORDER NUMBER NINETY-FIVE OF TWO THOUSAND THIRTEEN, OR ANY SUCCESSOR AGENCY OR ORDER. § 3. This act shall take effect immediately. PART BBBB Section 1. Paragraph (a) of subdivision 1 of section 209-b of the tax law, as amended by section 7 of part A of chapter 59 of the laws of 2014, is amended to read as follows: (a) For the privilege of exercising its corporate franchise, or of doing business, or of employing capital, or of owning or leasing proper- ty in a corporate or organized capacity, or of maintaining an office, or of deriving receipts from activity in the metropolitan commuter trans- portation district, for all or any part of its taxable year, there is hereby imposed on every corporation, other than a New York S corpo- ration, subject to tax under section two hundred nine of this article, or any receiver, referee, trustee, assignee or other fiduciary, or any officer or agent appointed by any court, who conducts the business of any such corporation, a tax surcharge, in addition to the tax imposed under section two hundred nine of this article, to be computed at the rate of seventeen percent of the tax imposed under such section for such taxable years or any part of such taxable years ending on or after S. 4008--B 191 December thirty-first, nineteen hundred eighty-three and before January first, two thousand fifteen after the deduction of any credits otherwise allowable under this article, at the rate of twenty-five and six-tenths percent of the tax imposed under such section for taxable years begin- ning on or after January first, two thousand fifteen and before January first, two thousand sixteen before the deduction of any credits other- wise allowable under this article, and at the rate determined by the commissioner pursuant to paragraph (f) of this subdivision of the tax imposed under such section, for taxable years beginning on or after January first, two thousand sixteen AND ENDING BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-THREE before the deduction of any credits otherwise allowable under this article, AND AT THE RATE OF FORTY-FIVE PERCENT OF THE TAX IMPOSED UNDER SUCH SECTION FOR TAXABLE YEARS BEGINNING ON OR AFTER TWO THOUSAND TWENTY-THREE. However, such rate of tax surcharge shall be applied only to that portion of the tax imposed under section two hundred nine of this article before the deduction of any credits otherwise allowable under this article which is attributable to the taxpayer's business activity carried on within the metropolitan commuter transportation district; and provided, further, the surcharge computed on a combined report shall include a surcharge on the fixed dollar mini- mum tax for each member of the combined group subject to the surcharge under this subdivision. § 2. Paragraph (f) of subdivision 1 of section 209-b of the tax law, as added by section 7 of part A of chapter 59 of the laws of 2014, is amended to read as follows: (f) The commissioner shall determine the rate of tax for taxable years beginning on or after January first, two thousand sixteen AND ENDING BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-THREE by adjusting the rate for taxable years beginning on or after January first, two thousand fifteen and before January first, two thousand sixteen as necessary to ensure that the receipts attributable to such surcharge, as impacted by the chapter of the laws of two thousand fourteen which added this para- graph, will meet and not exceed the financial projections for state fiscal year two thousand sixteen-two thousand seventeen, as reflected in state fiscal year two thousand fifteen-two thousand sixteen enacted budget. The commissioner shall annually determine the rate thereafter using the financial projections for the state fiscal year that commences in the year for which the rate is to be set as reflected in the enacted budget for the fiscal year commencing on the previous April first. § 3. This act shall take effect immediately. PART CCCC Section 1. The department of transportation is hereby authorized and directed to conduct a study on proposed improvements along the Hudson River Greenway portion of State Route 9A in New York county. 1. Such study shall address no less than the following issues: (a) The estimated total cost to redesign the 80-intersection corridor to reduce crash frequency and severity; (b) The estimated total cost for lane and crosswalk configuration, data and traffic analysis, and civil engineering and landscaping compo- nents; (c) The estimated duration of the project; (d) The impact construction will have on local traffic patterns; (e) The environmental impact of the project, represented in an envi- ronmental impact statement, if such statement is required by law, or is S. 4008--B 192 deemed warranted according to the discretion of the department of trans- portation; and (f) Identify areas for cooperation between agencies who have purview over this project and/or relevant properties and solicit and incorporate input from such agencies. 2. The department of transportation shall report such findings to the governor and the legislature within one year after the effective date of this act. § 2. This act shall take effect immediately and shall expire one year after it shall have become a law when upon such date the provisions of this act shall be deemed repealed. PART DDDD Section 1. Legislative findings and intent. The legislature finds that the public health, safety and welfare of the residents of the state of New York traveling to, from and within the city of New York is an issue that affects millions of New Yorkers and visitors. This issue includes access to adequate residential parking. Residents of the city of New York, particularly from outer borough communities, have some of the longest commutation times in the country. Public transportation access is often limited for these residents and visitors as well. Lack of adequate parking and public transportation options can also pose an issue for parents with small children, caregivers making home visits or providing transportation assistance for severely disabled individuals, and can make life difficult for motorists with disabilities attempting to park near their homes. In addition, emissions from idling vehicles that are stopped or standing, or from vehicles continually looping around their neighborhoods in search of parking, can have deleterious health impacts on the state's most vulnerable populations. New York City's health department has called air pollution a leading threat to its residents, and estimated that particulate matter emissions and ozone caused more than two thousand deaths and eight thousand asthma-related emergency room visits every year. New York City has also taken a number of actions available to it to reduce air pollution, including adopting a motor vehicle idling enforcement program and attempting to shift commer- cial vehicle traffic to bicycles and other alternative transportation modes. A residential parking permit system would build upon those efforts and assist in reducing these pollution-related outcomes, and its revenues would serve as an investment in the region's public transporta- tion system. For these reasons, improving residential parking options by facilitating establishment of a residential parking permit system addresses an issue of significant importance to the state and serves as a bridge to a future in which more public transportation options are available for both residents and visitors. § 2. Subdivision (a) of section 1642 of the vehicle and traffic law is amended by adding a new paragraph 28 to read as follows: 28. (A) NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE CITY COUNCIL SHALL, BY ADOPTION OF A LOCAL LAW OR ORDINANCE, PROVIDE FOR A RESIDENTIAL PARKING PERMIT SYSTEM AND FIX AND REQUIRE THE PAYMENT OF FEES APPLICABLE TO PARKING WITHIN THE AREA IN WHICH SUCH PARKING SYSTEM IS IN EFFECT IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. (B) SUCH RESIDENTIAL PARKING PERMIT SYSTEM MAY BE ESTABLISHED THROUGH- OUT SUCH CITY IN A MANNER AS DETERMINED BY THE LOCAL LAW OR ORDINANCE. S. 4008--B 193 (C) NOTWITHSTANDING THE FOREGOING, THE CITY MAY PROVIDE THAT NO PERMIT SHALL BE REQUIRED ON STREETS OR THOSE PORTIONS OF SUCH STREETS WHERE THE ADJACENT PROPERTIES ARE ZONED FOR COMMERCIAL/RETAIL USE. (D) THE LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH RESIDENTIAL PARKING SYSTEM SHALL: (I) SET FORTH FACTORS NECESSITATING THE ENACTMENT OF SUCH PARKING SYSTEM; AND (II) MAY PROVIDE THAT MOTOR VEHICLES REGISTERED PURSUANT TO SECTION FOUR HUNDRED FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT REQUIREMENT; AND (III) SHALL PROVIDE THE TIMES OF THE DAY AND DAYS OF THE WEEK DURING WHICH PERMIT REQUIREMENTS SHALL BE IN EFFECT, AS WELL AS THE BOUNDARIES OR NEIGHBORHOODS IN WHICH PERMIT REQUIREMENTS SHALL BE IN EFFECT IF RELEVANT; AND (IV) MAY MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE PERMIT AREA AVAILABLE TO NON-RESIDENTS, AND MAY PROVIDE SHORT-TERM PARK- ING OF NOT LESS THAN NINETY MINUTES IN DURATION IN SUCH AREA; AND (V) SHALL LIMIT ISSUANCE OF PERMITS TO MOTOR VEHICLES VALIDLY REGIS- TERED IN THE STATE PURSUANT TO TITLE FOUR OF THIS SECTION; AND (VI) SHALL PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR SUCH PERMITS, PROVIDED THAT SUCH FEES SHALL NOT EXCEED THIRTY DOLLARS PER MONTH; AND (VII) SHALL PROVIDE THAT SUCH FEES AND PENALTIES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE REMITTED BY THE CITY OF NEW YORK TO THE METRO- POLITAN TRANSPORTATION AUTHORITY ON A QUARTERLY BASIS TO BE DEPOSITED INTO THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK CITY TRANSPORTA- TION ASSISTANCE FUND ESTABLISHED UNDER SECTION TWELVE HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW. PROVIDED FURTHER THAT SUCH CITY SHALL BE ENTITLED TO DEDUCT REASONABLE EXPENSES AS ARE NECESSARY TO ESTABLISH AND ADMINISTER THE PARKING PERMIT SYSTEM. (E) NO ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION UNTIL A PUBLIC HEARING THEREON HAS BEEN HAD IN THE SAME MANNER AS REQUIRED FOR PUBLIC HEARINGS ON A LOCAL LAW PURSUANT TO THE MUNICIPAL HOME RULE LAW. (F) THE CITY OF NEW YORK AND THE METROPOLITAN TRANSPORTATION AUTHORITY SHALL SUBMIT A REPORT ON THE RESULTS OF THE IMPLEMENTATION OF THE PARK- ING PERMIT SYSTEM PURSUANT TO THIS SUBDIVISION TO THE GOVERNOR, THE STATE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAK- ER OF THE ASSEMBLY BY JULY FIRST, WITHIN TWELVE MONTHS OF OPERATING SUCH PARKING PERMIT SYSTEM AND ANNUALLY THEREAFTER. SUCH REPORT SHALL ALSO BE MADE PUBLIC. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) A DESCRIPTION OF THE LOCATIONS OR NEIGHBORHOODS WHERE THE PARKING PERMIT SYSTEM WAS IMPLEMENTED UNDER THIS SUBDIVISION; (II) THE TOTAL NUMBER OF VIOLATIONS UNDER THIS SUBDIVISION RECORDED ON AN ANNUAL BASIS; (III) THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID FOR VIOLATIONS UNDER THIS SUBDIVISION; (IV) THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK AND METROPOLITAN TRANSPORTATION AUTHORITY UNDER THIS SUBDIVISION; (V) THE QUALITY OF THE ADJUDICATION PROCESS UNDER THIS SUBDIVISION AND ITS RESULTS; (VI) THE TOTAL NUMBER OF PARKING SPACES COVERED BY A PERMIT SYSTEM UNDER THIS SUBDIVISION; (VII) THE TOTAL COST TO THE CITY OF NEW YORK UNDER THIS SUBDIVISION; AND (VIII) TO THE EXTENT PRACTICABLE, A REPORT ON THE CURRENT AND HISTORIC VOLUME AND TYPE OF VEHICLES INCLUDING, BUT NOT LIMITED TO, COMMERCIAL TRUCKS, TRANSPORTATION NETWORK COMPANIES, TAXIS, PRIVATE CARS, AND TOUR S. 4008--B 194 BUSES, ENTERING AND IDLING IN THE CITY; ENVIRONMENTAL IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO, AIR QUALITY, AND EMISSIONS TRENDS IN AND AROUND THE CITY; AND TRANSIT RIDERSHIP AND AVERAGE BUS SPEEDS WITHIN THE NEIGHBORHOODS WHERE SUCH PERMIT SYSTEM IS IMPLEMENTED. § 3. This act shall take effect immediately. PART EEEE Section 1. Paragraphs 3 and 4 of subsection (b) of section 800 of the tax law, paragraph 3 as amended by section 1 of part B of chapter 56 of the laws of 2011, paragraph 4 as amended by section 1 of part YY of chapter 59 of the laws of 2015, are amended and a new paragraph 5 is added to read as follows: (3) an interstate agency or public corporation created pursuant to an agreement or compact with another state or the Dominion of Canada; [or] (4) [Any] ANY eligible educational institution. An "eligible educa- tional institution" shall mean any public school district, a board of cooperative educational services, a public elementary or secondary school, a school approved pursuant to article eighty-five or eighty-nine of the education law to serve students with disabilities of school age, or a nonpublic elementary or secondary school that provides instruction in grade one or above, all public library systems as defined in subdivi- sion one of section two hundred seventy-two of the education law, and all public and free association libraries as such terms are defined in subdivision two of section two hundred fifty-three of the education law[.]; OR (5) THE COUNTY GOVERNMENTS OF DUTCHESS COUNTY, ORANGE COUNTY, PUTNAM COUNTY AND ROCKLAND COUNTY AND EVERY TOWN, CITY, VILLAGE OR OTHER POLI- TICAL SUBDIVISION OF SUCH COUNTIES. § 2. Subparagraph (i) of paragraph (b-1) and subparagraph (i) of para- graph (c-3) of subdivision 2 of section 503 of the vehicle and traffic law, as amended by section 1 of part FF of chapter 58 of the laws of 2019, are amended to read as follows: (i) Upon passage of the knowledge test required to obtain a learner's permit, an applicant for a driver's license who resides in the metropol- itan commuter transportation district established by section one thou- sand two hundred sixty-two of the public authorities law OTHER THAN THE COUNTIES OF PUTNAM, ROCKLAND, DUTCHESS, AND ORANGE shall be required to pay a supplemental fee of one dollar for each six months or portion thereof of the period of validity of a learner's permit or license which is or may be issued pursuant to the provisions of subparagraph (i) or (ii) of paragraph (b) of this subdivision. (i) Supplemental renewal fee in the metropolitan commuter transporta- tion district. In addition to the fees required to be paid pursuant to paragraph (c) of this subdivision, a supplemental fee of one dollar for each six months or portion thereof of the validity of the license shall be paid for renewal of a license of a person who resides OUTSIDE THE COUNTIES OF PUTNAM, ROCKLAND, DUTCHESS OR ORANGE BUT OTHERWISE in the metropolitan commuter transportation district established by section one thousand two hundred sixty-two of the public authorities law issued by the commissioner. § 3. Section 499 of the vehicle and traffic law, as added by section 1 of part B of chapter 25 of the laws of 2009, is amended to read as follows: § 499. Definition. For the purposes of this article "metropolitan commuter transportation district" shall mean the area of the state S. 4008--B 195 included in the district created and governed by section twelve hundred sixty-two of the public authorities law, OTHER THAN THE COUNTIES OF PUTNAM, ROCKLAND, DUTCHESS AND ORANGE. § 4. This act shall take effect immediately. PART FFFF Section 1. Section 1292 of the tax law, as added by section 18 of part AAA of chapter 59 of the laws of 2017, is amended to read as follows: § 1292. Imposition. (A) There is hereby imposed on every TNC a state assessment fee of 4% of the gross trip fare of every TNC prearranged trip provided by such TNC that originates anywhere in the state outside the city and terminates anywhere in this state. (B) THERE IS ADDITIONALLY IMPOSED ON EVERY TNC A SUPPLEMENTAL STATE ASSESSMENT FEE OF FIFTY CENTS ON EVERY TNC PREARRANGED TRIP PROVIDED BY SUCH TNC THAT ORIGINATES ANYWHERE IN THE STATE OUTSIDE THE CITY AND TERMINATES ANYWHERE IN THIS STATE. § 2. Section 1298 of the tax law, as added by section 18 of part AAA of chapter 59 of the laws of 2017, is amended to read as follows: § 1298. Deposit and disposition of revenue. (A) All taxes, fees, interest and penalties collected or received by the commissioner under PARAGRAPH (A) OF SECTION TWELVE HUNDRED NINETY-TWO OF this article shall be deposited and disposed of pursuant to the provisions of section one hundred seventy-one-a of this chapter. (B) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER PARAGRAPH (B) OF SECTION TWELVE HUNDRED NINETY- TWO OF THIS ARTICLE FOR EVERY TNC PREARRANGED TRIP PROVIDED BY SUCH TNC THAT ORIGINATES ANYWHERE IN THE STATE OUTSIDE THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY- TWO OF THE PUBLIC AUTHORITIES LAW SHALL BE DEPOSITED AND DISPOSED INTO THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT ESTAB- LISHED BY SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW. (C) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER PARAGRAPH (B) OF SECTION TWELVE HUNDRED NINETY- TWO OF THIS ARTICLE FOR EVERY TNC PREARRANGED TRIP PROVIDED BY SUCH TNC THAT ORIGINATES ANYWHERE IN THE STATE WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY- TWO OF THE PUBLIC AUTHORITIES LAW BUT OUTSIDE THE CITY OF NEW YORK SHALL BE DEPOSITED AND DISPOSED INTO THE METROPOLITAN MASS TRANSPORTATION OPERATING ASSISTANCE ACCOUNT ESTABLISHED BY SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW AND SHALL BE PAID TO THE PUBLIC TRANSPORTATION SYSTEMS IN THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT WHOSE SERVICE AREA INCLUDES THE LOCATION IN WHICH THE PREARRANGED TRIP ORIGI- NATED, PROVIDED THAT NO PAYMENTS SHALL BE MADE TO THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO THIS ARTICLE. § 3. The tax law is amended by adding a new article 29-E to read as follows: ARTICLE 29-E MTA SURCHARGE FEE ON TRANSPORTATION NETWORK COMPANY PREARRANGED TRIPS IN NEW YORK CITY SECTION 1299-T. DEFINITIONS. 1299-U. IMPOSITION. 1299-V. PRESUMPTION. 1299-W. RETURNS AND PAYMENT OF MTA SURCHARGE FEE. S. 4008--B 196 1299-X. RECORDS TO BE KEPT. 1299-Y. SECRECY OF RETURNS AND REPORTS. 1299-Z. PRACTICE AND PROCEDURE. 1299-AA. DEPOSIT AND DISPOSITION OF REVENUE. § 1299-T. DEFINITIONS. (A) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, LIMITED LIABILITY COMPANY, SOCIETY, ASSOCIATION, JOINT STOCK COMPANY, CORPORATION, ESTATE, RECEIVER, TRUSTEE, ASSIGNEE, REFEREE OR ANY OTHER PERSON ACTING IN A FIDUCIARY OR REPRESENTATIVE CAPACITY, WHETHER APPOINTED BY A COURT OR OTHERWISE, ANY COMBINATION OF INDIVIDUALS AND ANY OTHER FORM OF UNINCORPORATED ENTERPRISE OWNED OR CONDUCTED BY TWO OR MORE PERSONS. (B) "CITY" MEANS A CITY OF A MILLION OR MORE LOCATED IN THE METROPOL- ITAN COMMUTER TRANSPORTATION DISTRICT ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW. (C) "TRANSPORTATION NETWORK COMPANY" OR "TNC" MEANS A PERSON, CORPO- RATION, PARTNERSHIP, SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT IS DULY LICENSED AS A HIGH-VOLUME FOR-HIRE SERVICE BY THE TAXI AND LIMOUSINE COMMISSION OF THE CITY AND PERMITTED TO PROVIDE TNC PREARRANGED TRIPS. (D) "TNC PREARRANGED TRIP" SHALL MEAN THE PROVISION OF TRANSPORTATION BY A TRANSPORTATION NETWORK COMPANY DRIVER TO A PASSENGER PROVIDED THROUGH THE USE OF A TNC'S DIGITAL NETWORK: (I) BEGINNING WHEN A TRANSPORTATION NETWORK COMPANY DRIVER ACCEPTS A PASSENGER'S REQUEST FOR A TRIP THROUGH A DIGITAL NETWORK CONTROLLED BY A TRANSPORTATION NETWORK COMPANY; (II) CONTINUING WHILE THE TRANSPORTATION NETWORK COMPANY DRIVER TRANS- PORTS THE REQUESTING PASSENGER IN A TNC VEHICLE; AND (III) ENDING WHEN THE LAST REQUESTING PASSENGER DEPARTS FROM THE TNC VEHICLE. THE TERM "TNC PREARRANGED TRIP" DOES NOT INCLUDE TRANSPORTATION SERVICES THAT ARE ADMINISTERED BY OR ON BEHALF OF THE METROPOLITAN TRANSPORTATION AUTHORITY, INCLUDING PARATRANSIT SERVICES. (E) "TNC DRIVER" SHALL MEAN AN INDIVIDUAL WHO: (I) RECEIVES CONNECTIONS TO POTENTIAL PASSENGERS AND RELATED SERVICES FROM A TRANSPORTATION NETWORK COMPANY IN EXCHANGE FOR PAYMENT OF A FEE TO THE TRANSPORTATION NETWORK COMPANY; AND (II) USES A TNC VEHICLE TO OFFER OR PROVIDE A TNC PREARRANGED TRIP TO TRANSPORTATION NETWORK COMPANY PASSENGERS UPON CONNECTION THROUGH A DIGITAL NETWORK CONTROLLED BY A TRANSPORTATION NETWORK COMPANY IN EXCHANGE FOR COMPENSATION OR PAYMENT OF A FEE. (F) "TNC VEHICLE" SHALL MEAN A VEHICLE THAT IS USED BY A TRANSPORTA- TION NETWORK COMPANY DRIVER TO PROVIDE A TNC PREARRANGED TRIP ORIGINAT- ING WITHIN THE CITY OF NEW YORK AS LICENSED PURSUANT TO SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. (G) "TRANSPORTATION NETWORK COMPANY PASSENGER" OR "PASSENGER" MEANS A PERSON OR PERSONS WHO USE A TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK TO CONNECT WITH A TRANSPORTATION NETWORK COMPANY DRIVER WHO PROVIDES TNC PREARRANGED TRIPS TO THE PASSENGER IN THE TNC VEHICLE BETWEEN POINTS CHOSEN BY THE PASSENGER. § 1299-U. IMPOSITION. (A) THERE IS HEREBY IMPOSED ON EVERY TNC A SURCHARGE FEE OF FIFTY CENTS PER TRIP FOR EVERY TNC PREARRANGED TRIP PROVIDED BY SUCH TNC THAT ORIGINATES ANYWHERE INSIDE THE CITY AND TERMI- NATES ANYWHERE IN THE STATE. (B) THE SURCHARGE FEE IMPOSED BY THIS ARTICLE MUST BE PASSED ALONG TO PASSENGERS AND SEPARATELY STATED ON ANY RECEIPT THAT IS PROVIDED TO SUCH PASSENGERS. THE PASSING ALONG OF SUCH SURCHARGE FEE SHALL NOT BE CONSTRUED BY ANY COURT OR ADMINISTRATIVE BODY AS THE IMPOSITION OF THE S. 4008--B 197 SURCHARGE FEE ON THE PERSON OR ENTITY THAT PAYS FOR THE TNC PREARRANGED TRIP. ALL REGULATORY AGENCIES MUST ADJUST ANY FARES THAT ARE AUTHORIZED BY THEM TO INCLUDE THE SURCHARGE FEE IMPOSED BY THIS ARTICLE, AND MUST REQUIRE THAT ANY METER OR OTHER INSTRUMENT USED IN ANY TNC VEHICLE REGU- LATED BY IT TO CALCULATE FARES BE ADJUSTED TO INCLUDE THE SURCHARGE FEE. § 1299-V. PRESUMPTION. FOR THE PURPOSE OF THE PROPER ADMINISTRATION OF THIS ARTICLE AND TO PREVENT EVASION OF THE MTA SURCHARGE FEE IMPOSED BY THIS ARTICLE, IT SHALL BE PRESUMED THAT EVERY TNC PREARRANGED TRIP THAT ORIGINATES OR TERMINATES INSIDE THE CITY IS SUBJECT TO THE MTA SURCHARGE FEE. THIS PRESUMPTION SHALL PREVAIL UNTIL THE CONTRARY IS PROVEN BY THE PERSON LIABLE FOR THE SURCHARGE FEE. § 1299-W. RETURNS AND PAYMENT OF MTA SURCHARGE FEE. (A) EVERY PERSON LIABLE FOR THE MTA SURCHARGE FEE IMPOSED BY THIS ARTICLE SHALL FILE A RETURN ON A CALENDAR-QUARTERLY BASIS WITH THE COMMISSIONER. EACH RETURN SHALL SHOW THE NUMBER OF TNC PREARRANGED TRIPS TOGETHER WITH SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE. THE RETURNS REQUIRED BY THIS SECTION SHALL BE FILED WITHIN THIRTY DAYS AFTER THE END OF THE QUARTERLY PERIOD COVERED THEREBY. IF THE COMMISSIONER DEEMS IT NECESSARY IN ORDER TO ENSURE THE PAYMENT OF THE MTA SURCHARGE FEE IMPOSED BY THIS ARTICLE, THE COMMISSIONER MAY REQUIRE RETURNS TO BE MADE FOR SHORTER PERIODS THAN PRESCRIBED BY THE FOREGOING PROVISIONS OF THIS SECTION, AND UPON SUCH DATES AS THE COMMISSIONER MAY SPECIFY. THE FORM OF RETURNS SHALL BE PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN SUCH INFORMA- TION AS THE COMMISSIONER MAY DEEM NECESSARY FOR THE PROPER ADMINIS- TRATION OF THIS ARTICLE. THE COMMISSIONER MAY REQUIRE AMENDED RETURNS TO BE FILED WITHIN THIRTY DAYS AFTER NOTICE AND TO CONTAIN THE INFORMATION SPECIFIED IN THE NOTICE. THE COMMISSIONER MAY REQUIRE THAT THE RETURNS BE FILED ELECTRONICALLY. (B) EVERY PERSON REQUIRED TO FILE A RETURN UNDER THIS ARTICLE SHALL, AT THE TIME OF FILING SUCH RETURN, PAY TO THE COMMISSIONER THE TOTAL OF ALL MTA SURCHARGE FEES ON THE CORRECT NUMBER OF TRIPS SUBJECT TO SUCH SURCHARGE FEE UNDER THIS ARTICLE. THE AMOUNT SO PAYABLE TO THE COMMIS- SIONER FOR THE PERIOD FOR WHICH A RETURN IS REQUIRED TO BE FILED SHALL BE DUE AND PAYABLE TO THE COMMISSIONER ON THE DATE SPECIFIED FOR THE FILING OF THE RETURN FOR SUCH PERIOD, WITHOUT REGARD TO WHETHER A RETURN IS FILED OR WHETHER THE RETURN THAT IS FILED CORRECTLY SHOWS THE CORRECT NUMBER OF TRIPS. THE COMMISSIONER MAY REQUIRE THAT THE SURCHARGE FEE BE PAID ELECTRONICALLY. § 1299-X. RECORDS TO BE KEPT. EVERY PERSON LIABLE FOR THE MTA SURCHARGE FEE IMPOSED BY THIS ARTICLE SHALL KEEP: (A) RECORDS OF EVERY TNC PREARRANGED TRIP SUBJECT TO THE MTA SURCHARGE FEE UNDER THIS ARTICLE IN SUCH FORM AS THE COMMISSIONER MAY REQUIRE; (B) TRUE AND COMPLETE COPIES, INCLUDING ELECTRONIC COPIES, OF ANY RECORDS REQUIRED TO BE KEPT BY A STATE AGENCY THAT IS AUTHORIZED TO PERMIT OR REGULATE A TNC; AND (C) SUCH OTHER RECORDS AND INFORMATION AS THE COMMISSIONER MAY REQUIRE TO PERFORM HIS OR HER DUTIES UNDER THIS ARTICLE. § 1299-Y. SECRECY OF RETURNS AND REPORTS. THE PROVISIONS OF SECTION TWELVE HUNDRED NINETY-SEVEN OF THIS CHAPTER SHALL APPLY TO RETURNS AND REPORTS UNDER THIS ARTICLE IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE LANGUAGE OF SUCH SECTION TWELVE HUNDRED NINETY-SEV- EN OF THIS CHAPTER HAD BEEN INCORPORATED IN FULL INTO THIS ARTICLE AND HAD EXPRESSLY REFERRED TO THE MTA SURCHARGE FEE UNDER THIS ARTICLE, EXCEPT TO THE EXTENT THAT ANY SUCH PROVISION IS EITHER INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS NOT RELEVANT TO THIS ARTICLE. S. 4008--B 198 § 1299-Z. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE TWENTY- SEVEN OF THIS CHAPTER SHALL APPLY WITH RESPECT TO THE ADMINISTRATION OF AND PROCEDURE WITH RESPECT TO THE MTA SURCHARGE FEE IMPOSED BY THIS ARTICLE IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE LANGUAGE OF SUCH ARTICLE TWENTY-SEVEN HAD BEEN INCORPORATED IN FULL INTO THIS ARTICLE AND HAD EXPRESSLY REFERRED TO THE MTA SURCHARGE FEE UNDER THIS ARTICLE, EXCEPT TO THE EXTENT THAT ANY SUCH PROVISION IS EITHER INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS NOT RELEVANT TO THIS ARTICLE. § 1299-AA. DEPOSIT AND DISPOSITION OF REVENUE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY: (A) ALL FEES, SURCHARGES, TAXES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER PURSU- ANT TO THIS ARTICLE SHALL BE DEPOSITED DAILY WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES OR TRUST COMPANIES, AS MAY BE DESIGNATED BY THE COMPTROLLER, IN TRUST FOR THE CREDIT OF THE METROPOLITAN TRANSPORTATION AUTHORITY. AN ACCOUNT MAY BE ESTABLISHED IN ONE OR MORE OF SUCH DEPOSI- TORIES. SUCH DEPOSITS SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER MONEY IN THE POSSESSION OF THE COMPTROLLER. THE COMPTROLLER SHALL REQUIRE ADEQUATE SECURITY FROM ALL SUCH DEPOSITORIES. OF THE TOTAL REVENUE COLLECTED OR RECEIVED UNDER THIS SECTION, THE COMPTROLLER SHALL RETAIN IN THE COMPTROLLER'S HANDS SUCH AMOUNT AS THE COMMISSIONER MAY DETERMINE TO BE NECESSARY FOR REFUNDS UNDER THIS ARTICLE. THE COMMIS- SIONER IS AUTHORIZED AND DIRECTED TO DEDUCT FROM SUCH AMOUNTS COLLECTED OR RECEIVED UNDER THIS ARTICLE, BEFORE DEPOSIT INTO THE ACCOUNTS SPECI- FIED BY THE COMPTROLLER, A REASONABLE AMOUNT NECESSARY TO EFFECTUATE REFUNDS OF APPROPRIATIONS OF THE DEPARTMENT TO REIMBURSE THE DEPARTMENT FOR THE COSTS TO ADMINISTER, COLLECT AND DISTRIBUTE THE TAXES IMPOSED BY THIS ARTICLE. (B) ON OR BEFORE THE TWELFTH DAY FOLLOWING THE END OF EACH MONTH, AFTER RESERVING SUCH AMOUNT FOR SUCH REFUNDS AND SUCH COSTS, THE COMMIS- SIONER SHALL CERTIFY TO THE COMPTROLLER THE AMOUNT OF ALL REVENUES SO RECEIVED PURSUANT TO THIS ARTICLE DURING THE PRIOR MONTH AS A RESULT OF THE TAXES, INTEREST AND PENALTIES SO IMPOSED. (C) BY THE FIFTEENTH DAY OF THE LAST MONTH OF EACH CALENDAR QUARTER THE COMPTROLLER SHALL PAY OVER THE AMOUNT OF REVENUES FROM THE PRIOR THREE MONTHS IN TOTAL SO CERTIFIED BY THE COMMISSIONER, WITHOUT APPRO- PRIATION, INTO THE CORPORATE TRANSPORTATION ACCOUNT OF THE METROPOLITAN TRANSPORTATION AUTHORITY SPECIAL ASSISTANCE FUND ESTABLISHED BY SECTION TWELVE HUNDRED SEVENTY-A OF THE PUBLIC AUTHORITIES LAW TO BE APPLIED AS PROVIDED IN PARAGRAPH (E) OF SUBDIVISION FOUR OF SUCH SECTION TWELVE HUNDRED SEVENTY-A. ANY MONEY COLLECTED PURSUANT TO THIS ARTICLE THAT IS DEPOSITED BY THE COMPTROLLER IN THE CORPORATE TRANSPORTATION ACCOUNT OF THE METROPOLITAN TRANSPORTATION AUTHORITY SPECIAL ASSISTANCE FUND SHALL BE HELD IN SUCH FUND FREE AND CLEAR OF ANY CLAIM BY ANY PERSON OR ENTITY PAYING THE TAX PURSUANT TO THIS ARTICLE, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY RIGHT OR CLAIM AGAINST THE METROPOLITAN TRANSPORTATION AUTHORITY, ANY OF ITS BONDHOLDERS, OR ANY SUBSIDIARY OR AFFILIATE OF THE METROPOLITAN TRANSPORTATION AUTHORITY. § 4. This act shall take effect the first of June next succeeding the date on which it shall have become a law and shall apply to prearranged trips provided by TNCs on or after such date. § 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 S. 4008--B 199 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 FFFF of this act shall be as specifically set forth in the last section of such Parts.
2023-S4008C (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4008C (ACTIVE) - Summary
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; extends provisions of law relating to certain tax increment financing provisions; relates to contracts entered into by the metropolitan commuter transportation district; extends certain metropolitan transportation authority procurement provisions
2023-S4008C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 4008--C A. 3008--C 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT intentionally omitted (Part A); intentionally omitted (Part B); to amend 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, in relation to extending provisions of law relating to 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 the public authorities law, in relation to contracts for procurement for the New York city transit authority and 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 transportation authority procurement provisions (Part C); to amend 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 capi- tal program and paratransit operating expenses, in relation to funding for net paratransit operating expenses and in relation to the effec- tiveness thereof (Part D); intentionally omitted (Part E); inten- tionally omitted (Part F); to amend chapter 929 of the laws of 1986 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12573-05-3 S. 4008--C 2 A. 3008--C amending the tax law and other laws relating to the metropolitan transportation authority, in relation to extending certain provisions thereof applicable to the resolution of labor disputes (Part G); intentionally omitted (Part H); intentionally omitted (Part I); to amend part FF of chapter 55 of the laws of 2017 relating to motor vehicles equipped with autonomous vehicle technology, in relation to the effectiveness thereof (Part J); intentionally omitted (Part K); intentionally omitted (Part L); to amend the vehicle and traffic law, in relation to county clerk retention of fees (Part M); intentionally omitted (Part N); intentionally omitted (Part O); intentionally omit- ted (Part P); to amend the tax law, in relation to the metropolitan commuter 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 dispo- sition of money from certain gaming activity (Part R); intentionally omitted (Part S); intentionally omitted (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); intentionally omitted (Part V); intentionally omit- ted (Part W); to amend the public officers law, in relation to provid- ing virtual meeting flexibility for public bodies serving individuals with disabilities (Part X); intentionally omitted (Part Y); inten- tionally omitted (Part Z); intentionally omitted (Part AA); to amend the public authorities law, in relation to requiring the dormitory authority to submit an annual report on the pilot program for the procurement of goods or services from, or for the construction, recon- struction, rehabilitation or improvement of facilities by small busi- nesses and minority-owned and women-owned business enterprises; and 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); inten- tionally omitted (Part CC); to amend the New York state urban develop- ment corporation act, in relation to establishing a matching grant program for certain small businesses receiving funding under the federal small business innovation research program or the small busi- ness technology transfer program (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 corpo- ration to make loans, in relation to extending loan powers (Part GG); intentionally omitted (Part HH); intentionally omitted (Part II); to amend the New York state urban development corporation act, in relation to extending the authority of the New York state urban devel- opment corporation to administer the empire state economic development fund (Part JJ); intentionally omitted (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 registration of snowmobiles and fees collected for the S. 4008--C 3 A. 3008--C snowmobile trail and maintenance fund (Part MM); intentionally omitted (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); intentionally omitted (Part PP); inten- tionally omitted (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 deer hunting pilot program, in relation to extending provisions of the youth deer hunting program (Part RR); to amend the environmental conservation law, in relation to pesticide registration timetables and fees and to amend chapter 67 of the laws of 1992, amending the environmental conserva- tion 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 extend the existing one-quarter of one percent sales tax utilized to finance the county drinking water protection program until 2060; 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; and to amend the tax law, in relation to the Suffolk county water quality restoration fund (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; and providing for the repeal of such provisions upon expiration thereof (Part VV); intentionally omitted (Part WW); intentionally omitted (Part XX); intentionally omitted (Part YY); in relation to authorizing the New York state energy research and devel- opment authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation from an assessment on gas and electric corporations (Part ZZ); intentionally omitted (Part AAA); to amend the vehicle and traf- fic law, in relation to certain vehicle dealer registration certif- icates (Part BBB); to amend the public authorities law, in relation to requirements of the transportation authority regarding its capital program dashboard website, and to requirements of the metropolitan transportation authority regarding publishing certain financial reports on its website (Part CCC); to amend the labor law and the economic development law, in relation to establishing the New York youth jobs connector program; and requiring reporting from the office of strategic workforce development (Part DDD); to amend the waterfront commission act, in relation to the waterfront commission of New York harbor; and providing for the repeal of such provisions upon expira- tion thereof (Part EEE); to amend the executive law, in relation to the recommission of a statewide disparity study (Part FFF); to amend the economic development law and the New York state urban development corporation act, in relation to establishing a small business and entrepreneurs grant program; and providing for the repeal of such provisions upon expiration thereof (Part GGG); expanding eligibility S. 4008--C 4 A. 3008--C to the brownfield redevelopment tax credit to certain taxpayers (Part HHH); and to amend the general municipal law and the executive law, in relation to directing the state inspector general to appoint an inde- pendent monitor for the the Orange county industrial development agen- cy; and providing for the repeal of such provisions upon the expira- tion thereof (Part III) 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 III. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Intentionally Omitted PART B Intentionally Omitted 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] 2024, 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. Subdivision 6 of section 1209 of the public authorities law, as amended by section 1 of subpart C of part ZZZ of chapter 59 of the laws of 2019, is amended to read as follows: 6. The provisions of subdivisions one, two, three and four of this section shall not be applicable to any procurement by the authority commenced during the period from the effective date of this subdivision until December thirty-first, nineteen hundred ninety-one or during the period from December sixteenth, nineteen hundred ninety-three until June thirtieth, two thousand [twenty-three] TWENTY-EIGHT; and the provisions S. 4008--C 5 A. 3008--C of subdivisions seven, eight, nine, ten, eleven, twelve and thirteen of this section shall only apply to procurements by the authority commenced during such periods. The provisions of such subdivisions one, two, three and four shall apply to procurements by the authority commenced during the period from December thirty-first, nineteen hundred ninety-one until December sixteenth, nineteen hundred ninety-three, and to procurements by the authority commenced on and after July first, two thousand [twen- ty-three] TWENTY-EIGHT. Notwithstanding the foregoing, the provisions of such subdivisions one, two, three and four shall 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 subdivision 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 subdivision, 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 subdi- vision or during the period from January first, nineteen hundred nine- ty-two until December fifteenth, nineteen hundred ninety-three. § 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] TWENTY- EIGHT; provided, however, that the provisions of this section shall not apply to (i) the award of any contract of the authority if the bid docu- ments 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. § 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] JUNE 30, 2028. § 5. This act shall take effect immediately. PART D Section 1. Section 5 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 operating expenses, is amended to read as follows: S. 4008--C 6 A. 3008--C § 5. (A) Starting July 1, 2020, the city will fund a fifty percent share of the net paratransit operating expenses of the MTA, provided that such contribution shall not exceed $215 million in 2020, $277 million in 2021, $290 million in 2022, and $310 million in 2023. Net paratransit operating expenses shall be calculated monthly by the MTA and will consist of the total paratransit operating expenses of the 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. (B) NOTWITHSTANDING SUBDIVISION (A) OF THIS SECTION, DURING THE PERIOD FROM JULY FIRST, TWO THOUSAND TWENTY-THREE THROUGH JUNE THIRTIETH, TWO THOUSAND TWENTY-FIVE, THE CITY OF NEW YORK SHALL FUND EIGHTY PERCENT OF THE NET PARATRANSIT OPERATING EXPENSES OF THE METROPOLITAN TRANSPORTA- TION AUTHORITY, PROVIDED THAT SUCH CONTRIBUTION SHALL NOT EXCEED (1) FOR THE TWELVE MONTH PERIOD ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR, THE SUM OF: (I) FIFTY PERCENT OF THE NET PARATRANSIT OPERATING EXPENSES FOR SUCH TWELVE MONTH PERIOD; AND (II) ONE HUNDRED SIXTY-FIVE MILLION DOLLARS; AND (2) FOR THE TWELVE MONTH PERIOD ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-FIVE, THE SUM OF: (I) FIFTY PERCENT OF THE NET PARATRAN- SIT OPERATING EXPENSES FOR SUCH TWELVE MONTH PERIOD; AND (II) ONE HUNDRED SIXTY-FIVE MILLION DOLLARS. NET PARATRANSIT OPERATING EXPENSES SHALL BE CALCULATED MONTHLY BY THE MTA AND WILL CONSIST OF THE TOTAL PARATRANSIT OPERATING EXPENSES OF THE PROGRAM MINUS THE SIX PERCENT OF THE URBAN TAX DEDICATED TO PARATRANSIT SERVICES AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION AND MINUS ANY MONEY COLLECTED AS PASSENGER FARES FROM PARATRANSIT OPERATIONS. § 2. Subdivision (a) of section 7 of part UUU of chapter 58 of the laws of 2020, amending the state finance law relating to providing fund- ing for the Metropolitan Transportation Authority 2020-2024 capital program and paratransit operating expenses, is amended to read as follows: (a) Notwithstanding any provision of law to the contrary, in the event the city 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 required by section six of this act, the New York state director of the budget shall direct the state comptroller to transfer, collect, or deposit funds in accordance with subdivision (b) of this section in an amount equal to the unpaid balance of any payment required by section six of this act, and any such deposits shall be counted against the city's [fifty percent share of the] FUNDING OBLIGATION FOR net paratran- sit operating expenses of the MTA pursuant to section five of this act. 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. § 3. 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] 2030; 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] 2030. S. 4008--C 7 A. 3008--C § 4. This act shall take effect immediately; provided, however, that the amendments to sections 5 and 7 of part UUU of chapter 58 of the laws of 2020, made by sections one and two of this act, shall not affect the expiration and repeal of such part and shall be deemed repealed there- with. PART E Intentionally Omitted PART F Intentionally Omitted 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 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 Intentionally Omitted PART I Intentionally Omitted PART J Section 1. Section 3 of part FF of chapter 55 of the laws of 2017, relating to motor vehicles equipped with autonomous vehicle technology, S. 4008--C 8 A. 3008--C 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 and shall be deemed to have been in full force and effect on and after April 1, 2023. PART K Intentionally Omitted PART L Intentionally Omitted 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 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- S. 4008--C 9 A. 3008--C 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 Intentionally Omitted PART O Intentionally Omitted PART P Intentionally Omitted 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: (1) (A) For employers who engage in business within the MCTD, IN THE COUNTIES OF DUTCHESS, NASSAU, ORANGE, PUTNAM, ROCKLAND, SUFFOLK AND WESTCHESTER, the tax is imposed at a rate of [(A)] (I) 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)] (II) 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 quar- ter, and [(C)] (III) thirty-four hundredths (.34) 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 S. 4008--C 10 A. 3008--C 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 appli- cable rate set forth in this paragraph and adding those products togeth- er. (B) FOR EMPLOYERS WHO ENGAGE IN BUSINESS WITHIN THE MCTD, IN THE COUN- TIES OF BRONX, KINGS, NEW YORK, QUEENS, AND RICHMOND, THE TAX IS IMPOSED AT A RATE OF (I) ELEVEN HUNDREDTHS (.11) PERCENT OF THE PAYROLL EXPENSE FOR EMPLOYERS WITH PAYROLL EXPENSE NO GREATER THAN THREE HUNDRED SEVEN- TY-FIVE THOUSAND DOLLARS IN ANY CALENDAR QUARTER, (II) 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 (III) SIXTY HUNDREDTHS (.60) 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 ORGANIZA- TION, 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) (A) For individuals, the tax is imposed at a rate of thirty-four hundredths (.34) percent of the net earnings from self-employment of individuals that are attributable to the MCTD if such earnings attribut- able to the MCTD, IN THE COUNTIES OF DUTCHESS, NASSAU, ORANGE, PUTNAM, ROCKLAND, SUFFOLK AND WESTCHESTER, exceed fifty thousand dollars for the tax year. (B) FOR INDIVIDUALS, THE TAX IS IMPOSED AT A RATE OF FORTY-SEVEN HUNDREDTHS (.47) PERCENT OF THE NET EARNINGS FROM SELF-EMPLOYMENT OF INDIVIDUALS THAT ARE ATTRIBUTABLE TO THE MCTD, IN THE COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS, AND RICHMOND, IF SUCH EARNINGS ATTRIBUTABLE TO THE MCTD EXCEED FIFTY THOUSAND DOLLARS FOR THE TAX YEAR. § 3. Subparagraph (B) of 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: (B) For individuals, the tax is imposed at a rate of [forty-seven] SIXTY hundredths [(.47)] (.60) percent of the net earnings from self-em- ployment of individuals that are attributable to the MCTD, in the coun- ties of Bronx, Kings, New York, Queens, and Richmond, 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 S. 4008--C 11 A. 3008--C (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 of this act shall take effect. PART R Section 1. Subdivisions 1 and 2 of section 1352 of the racing, pari- mutuel wagering and breeding law, as added by chapter 174 of the laws of 2013, are 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 OR TITLE TWO-A OF THIS ARTICLE LOCATED WITHIN ZONE TWO; 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 collected by the commission; and the appropriate funds, cash or prizes forfeited from gambling activity. (B) FOR ANY GAMING FACILITY THAT DOES NOT QUALIFY UNDER SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED TWENTY-ONE-A OF THIS ARTICLE, IS LICENSED UNDER TITLE TWO-A OF THIS ARTICLE, AND IS LOCATED WITHIN NEW YORK CITY, REVENUES SHALL BE DISTRIBUTED IN THE FOLLOWING MANNER: (I) FIFTY PERCENT OF THE TAXES IMPOSED BY THIS ARTICLE, AND ANY INTER- EST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES SHALL BE DEPOSITED TO A SOLE CUSTODY FUND ESTABLISHED UNDER THE GAMING COMMISSION, AND PAID MONTHLY, WITHOUT APPROPRIATION, DIRECTLY TO THE METROPOLITAN TRANSPORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-J OF THE PUBLIC AUTHORITIES LAW; AND (II) FIFTY PERCENT OF THE TAXES IMPOSED BY THIS ARTICLE, AND ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES SHALL BE DEPOSITED INTO THE COMMERCIAL GAMING REVENUE FUND ESTAB- LISHED UNDER SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW BY THE COMMISSION AND SHALL BE APPROPRIATED OR TRANSFERRED ONLY FOR ELEMENTARY AND SECONDARY EDUCATION OR REAL PROPERTY TAX RELIEF. (C) FOR ANY GAMING FACILITY THAT DOES NOT QUALIFY UNDER SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED TWENTY-ONE-A OF THIS ARTICLE, IS LICENSED UNDER TITLE TWO-A OF THIS ARTICLE, AND LOCATED WITHIN ZONE ONE BUT NOT LOCATED WITHIN NEW YORK CITY, REVENUES SHALL BE DISTRIBUTED IN THE FOLLOWING MANNER: (I) FORTY PERCENT OF THE TAXES IMPOSED BY THIS ARTICLE, AND ANY INTER- EST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES SHALL BE DEPOSITED TO A SOLE CUSTODY FUND ESTABLISHED UNDER THE GAMING COMMISSION, AND PAID MONTHLY, WITHOUT APPROPRIATION, DIRECTLY TO THE METROPOLITAN TRANSPORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-J OF THE PUBLIC AUTHORITIES LAW; (II) FORTY PERCENT OF THE TAXES IMPOSED BY THIS ARTICLE, AND ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES SHALL BE DEPOSITED INTO THE COMMERCIAL GAMING REVENUE FUND ESTAB- LISHED UNDER SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW BY THE COMMISSION AND SHALL BE APPROPRIATED OR TRANSFERRED ONLY FOR ELEMENTARY AND SECONDARY EDUCATION OR REAL PROPERTY TAX RELIEF FROM THE COMMERCIAL GAMING REVENUE FUND; S. 4008--C 12 A. 3008--C (III) FIVE PERCENT OF THE TAXES IMPOSED BY THIS ARTICLE, AND ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES, SHALL BE DEPOSITED INTO THE COMMERCIAL GAMING REVENUE FUND ESTAB- LISHED UNDER SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW BY THE COMMISSION AND SHALL BE ALLOCATED TO THE HOST COUNTY FOR THE PURPOSE OF REAL PROPERTY TAX RELIEF OR FOR EDUCATION ASSISTANCE; (IV) TEN PERCENT OF THE TAXES IMPOSED BY THIS ARTICLE, AND ANY INTER- EST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES SHALL BE DEPOSITED INTO THE COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW BY THE COMMIS- SION AND SHALL BE ALLOCATED TO THE HOST MUNICIPALITY FOR THE PURPOSE OF REAL PROPERTY TAX RELIEF OR EDUCATION ASSISTANCE; AND (V) FIVE PERCENT OF THE TAXES IMPOSED BY THIS ARTICLE, AND ANY INTER- EST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES, SHALL BE DEPOSITED INTO THE COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW BY THE COMMIS- SION AND SHALL BE ALLOCATED AMONG COUNTIES WITHIN THE REGION, AS DEFINED BY SECTION ONE THOUSAND THREE HUNDRED TEN OF THIS ARTICLE, FOR THE PURPOSE OF REAL PROPERTY TAX RELIEF OR EDUCATION ASSISTANCE. SUCH DISTRIBUTION FROM THE COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW SHALL BE MADE AMONG THE COUNTIES ON A PER CAPITA BASIS, SUBTRACTING THE POPU- LATION OF HOST MUNICIPALITY AND COUNTY. (D) FOR ANY GAMING FACILITY THAT QUALIFIES UNDER SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED TWENTY-ONE-A OF THIS ARTICLE, IS LICENSED UNDER TITLE TWO-A OF THIS ARTICLE, AND IS LOCATED WITHIN ZONE ONE BUT NOT LOCATED WITHIN NEW YORK CITY, REVENUES SHALL BE DISTRIBUTED IN THE FOLLOWING MANNER: (I) EIGHTY PERCENT OF ALL DEPOSITS IN A STATE FISCAL YEAR RESULTING FROM TAXES IMPOSED BY THIS ARTICLE, AND ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES SHALL BE DIRECTED TO THE COMMERCIAL GAMING REVENUE FUND UNTIL THE TOTAL OF SUCH DEPOSITS FOR THE STATE FISCAL YEAR IS EQUAL TO THE EDUCATION AID HOLD HARMLESS AMOUNT. THE EDUCATION AID HOLD HARMLESS AMOUNT SHALL BE EQUAL TO THE GREATER OF (A) THE REVENUE RECEIVED FROM THE FACILITY FOR EDUCATION AID DEPOSITS INTO THE STATE LOTTERY FUND AS A VIDEO LOTTERY GAMING LICEN- SEE PURSUANT TO SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW 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 EDUCA- TION AID DEPOSITS INTO THE STATE LOTTERY FUND AS A VIDEO LOTTERY GAMING LICENSEE PURSUANT TO SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW FOR STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO. FOR THE FIRST FISCAL YEAR OF GAMING FACILITY OPERATIONS, THE HOLD HARMLESS AMOUNT SHALL REFLECT A PRO-RATA AMOUNT BASED ON THE OPENING DATE OF THE GAMING FACILITY. NOTWITHSTANDING SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW, SUCH DEPOSITS INTO THE COMMERCIAL GAMING REVENUE FUND SHALL BE AVAILABLE EXCLUSIVELY FOR ELEMENTARY AND SECONDARY EDUCATION. SHOULD THESE DEPOSITS RESULTING FROM TAXES IMPOSED PURSUANT TO SUBDIVI- SION ONE-A OF SECTION THIRTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE ON THE OPERATIONS OF A QUALIFYING GAMING FACILITY AT THE CONCLUSION OF A GIVEN STATE FISCAL YEAR BE LESS THAN THE TOTAL REQUIRED UNDER THIS PARAGRAPH, SUCH GAMING FACILITY SHALL REMIT THE NECESSARY PAYMENT ACCOUNTING FOR THE DIFFERENCE TO THE COMMISSION FOR DEPOSIT INTO THE COMMERCIAL GAMING REVENUE FUND NO LATER THAN THE NEXT OCCURRING MAY FIRST. S. 4008--C 13 A. 3008--C (II) TWENTY PERCENT OF ALL DEPOSITS IN A STATE FISCAL YEAR RESULTING FROM TAXES IMPOSED BY THIS ARTICLE, AND ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES, SHALL BE DISTRIBUTED IN THE SAME MANNER AS SUBPARAGRAPHS (III), (IV), AND (V) OF PARAGRAPH (C) OF THIS SUBDIVISION. (III) ONCE THE DEPOSITS FROM A QUALIFYING GAMING FACILITY AS PRESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH EXCEED THE EDUCATION AID HOLD HARMLESS AMOUNT AS DETERMINED IN SUBPARAGRAPH (I) OF THIS PARA- GRAPH IN A GIVEN STATE FISCAL YEAR, EIGHTY PERCENT OF ALL SUBSEQUENT DEPOSITS IN SUCH STATE FISCAL YEAR FROM TAXES IMPOSED BY THIS ARTICLE, AND ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES SHALL BE DEPOSITED TO A SOLE CUSTODY FUND ESTABLISHED UNDER THE GAMING COMMISSION, AND PAID MONTHLY, WITHOUT APPROPRIATION, DIRECTLY TO THE METROPOLITAN TRANSPORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-J OF THE PUBLIC AUTHORITIES LAW AND THE REMAINING TWENTY PERCENT SHALL CONTINUE TO BE DISTRIBUTED IN THE SAME MANNER AS SUBPARAGRAPHS (III), (IV), AND (V) OF PARAGRAPH (C) OF THIS SUBDIVISION; PROVIDED HOWEVER, THAT ONCE THE DOLLAR AMOUNT PAID DIRECTLY TO THE METROPOLITAN TRANSPORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-J OF THE PUBLIC AUTHORITIES LAW MATCHES THE SAME DOLLAR AMOUNT PAID PURSUANT TO THE EDUCATION AID HOLD HARMLESS AMOUNT AS DETERMINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH IN A GIVEN STATE FISCAL YEAR, TWENTY PERCENT OF ANY EXCESS DOLLAR AMOUNTS SHALL BE DISTRIBUTED IN THE SAME MANNER AS SUBPARAGRAPHS (III), (IV), AND (V) OF PARAGRAPH (C) OF THIS SUBDIVISION, FORTY PERCENT OF ANY EXCESS DOLLAR AMOUNTS SHALL BE DEPOSITED TO A SOLE CUSTODY FUND ESTABLISHED UNDER THE GAMING COMMISSION, AND PAID MONTHLY, WITHOUT APPROPRIATION, DIRECTLY TO THE METROPOLITAN TRANSPORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-J OF THE PUBLIC AUTHORITIES LAW, AND FORTY PERCENT OF ANY EXCESS DOLLAR AMOUNTS SHALL BE DEPOSITED BY THE COMMISSION INTO THE COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW FOR THE SOLE PURPOSES OF EDUCATION AID. (E) FOR ANY GAMING FACILITY THAT QUALIFIES UNDER SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED TWENTY-ONE-A OF THIS ARTICLE, IS LICENSED UNDER TITLE TWO-A OF THIS ARTICLE, AND IS LOCATED WITHIN NEW YORK CITY, REVENUES SHALL BE DISTRIBUTED IN THE FOLLOWING MANNER: (I) EIGHTY PERCENT OF ALL DEPOSITS IN A STATE FISCAL YEAR RESULTING FROM TAXES IMPOSED BY THIS ARTICLE, AND ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES, SHALL BE DEPOSITED IN THE SAME MANNER AS IN SUBPARAGRAPH (I) OF PARAGRAPH (D) OF THIS SUBDIVISION. FOR THE FIRST FISCAL YEAR OF GAMING FACILITY OPERATIONS, THE HOLD HARMLESS AMOUNT SHALL REFLECT A PRO-RATA AMOUNT BASED ON THE OPENING DATE OF THE GAMING FACILITY. (II) TWENTY PERCENT OF ALL DEPOSITS IN A STATE FISCAL YEAR RESULTING FROM TAXES IMPOSED BY THIS ARTICLE, AND ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES, SHALL BE DEPOSITED TO A SOLE CUSTODY FUND ESTABLISHED UNDER THE GAMING COMMISSION, AND PAID MONTHLY, WITHOUT APPROPRIATION, DIRECTLY TO THE METROPOLITAN TRANSPORTA- TION AUTHORITY COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-J OF THE PUBLIC AUTHORITIES LAW UNTIL THE APPLICABLE EDUCATION AID HOLD HARMLESS AMOUNT AS PRESCRIBED IN SUBPARAGRAPH (I) OF PARAGRAPH (D) OF THIS SUBDIVISION HAS BEEN MET. (III) ONCE THE DEPOSITS FROM A QUALIFYING GAMING FACILITY AS PRESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH EXCEED THE EDUCATION S. 4008--C 14 A. 3008--C AID HOLD HARMLESS AMOUNT AS DETERMINED IN SUBPARAGRAPH (I) OF PARAGRAPH (D) OF THIS SUBDIVISION IN A GIVEN STATE FISCAL YEAR, ALL SUBSEQUENT DEPOSITS IN SUCH STATE FISCAL YEAR FROM TAXES IMPOSED BY THIS ARTICLE, AND ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE TAXES, SHALL BE DEPOSITED TO A SOLE CUSTODY FUND ESTABLISHED UNDER THE GAMING COMMISSION, AND PAID MONTHLY, WITHOUT APPROPRIATION, DIRECTLY TO THE METROPOLITAN TRANSPORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-J OF THE PUBLIC AUTHORITIES LAW; PROVIDED HOWEVER, THAT ONCE THE DOLLAR AMOUNT PAID DIRECTLY TO THE METROPOLITAN TRANSPORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-J OF THE PUBLIC AUTHORITIES LAW MATCHES THE SAME DOLLAR AMOUNT PAID PURSUANT TO THE EDUCATION AID HOLD HARMLESS AMOUNT AS DETERMINED IN SUBPARAGRAPH (I) OF PARAGRAPH (D) OF THIS SUBDIVISION IN A GIVEN STATE FISCAL YEAR, FIFTY PERCENT OF ANY EXCESS DOLLAR AMOUNTS SHALL BE DEPOS- ITED TO A SOLE CUSTODY FUND ESTABLISHED UNDER THE GAMING COMMISSION, AND PAID MONTHLY, WITHOUT APPROPRIATION, DIRECTLY TO THE METROPOLITAN TRANS- PORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-J OF THE PUBLIC AUTHORITIES LAW, AND FIFTY PERCENT OF ANY EXCESS DOLLAR AMOUNTS SHALL BE DEPOSITED BY THE COMMISSION INTO THE COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW FOR THE SOLE PURPOSES OF EDUCATION AID. (F) FOR A MUNICIPALITY THAT WAS APPROPRIATED VIDEO LOTTERY TERMINAL AID IN THE YEAR TWO THOUSAND TWENTY-THREE PURSUANT TO SECTION FIFTY- FOUR-L OF THE STATE FINANCE LAW, THE GAMING FACILITY LICENSED UNDER TITLE TWO-A OF THIS ARTICLE THAT WAS PREVIOUSLY AUTHORIZED TO OPERATE VIDEO LOTTERY GAMING PURSUANT TO SECTION ONE THOUSAND SIX HUNDRED SEVEN- TEEN-A OF THE TAX LAW MUST HOLD THE MUNICIPALITY HARMLESS SO THAT THE HOST MUNICIPALITY DOES NOT RECEIVE LESS MONEY IN ANY STATE FISCAL YEAR UNDER THE PROVISIONS OF SUBPARAGRAPH (II) OF PARAGRAPH (D) OF THIS SUBDIVISION THAN SUCH HOST MUNICIPALITY RECEIVED IN ANNUAL VIDEO LOTTERY TERMINAL AID IN THE YEAR TWO THOUSAND TWENTY-THREE. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY AS OF THE FIRST FULL STATE FISCAL YEAR IN WHICH VIDEO LOTTERY TERMINAL AID IS NOT RECEIVED BY THE MUNICIPALITY AND GAMING FACILITY OPERATIONS HAVE COMMENCED. 2. The commission shall require at least monthly deposits by the licensee of any payments pursuant to section one thousand three hundred fifty-one of this article, at such times, under such conditions, and in such depositories as shall be prescribed by the state comptroller. The deposits shall be deposited to the credit of the commercial gaming revenue fund as established by section ninety-seven-nnnn of the state finance law OR TO THE METROPOLITAN TRANSPORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVENTY-J OF THE PUBLIC AUTHORITIES LAW, ACCORDING TO THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION. The commission may require a monthly report and reconciliation statement to be filed with it on or before the tenth day of each month, with respect to gross revenues and deposits received and made, respectively, during the preceding month. § 1-a. Subdivision 3 of section 1321-e of the racing, pari-mutuel wagering and breeding law, as added by section 7 of part RR of chapter 56 of the laws of 2022, is amended to read as follows: 3. The board shall determine a licensing fee to be paid by a licensee within thirty days after the [award] SELECTION of the license [which shall be deposited into the commercial gaming revenue fund], provided however that no licensing fee shall be less than five hundred million S. 4008--C 15 A. 3008--C dollars. The license shall set forth the conditions to be satisfied by the licensee before the gaming facility shall be opened to the public. ALL REVENUES COLLECTED FROM LICENSE FEES FROM GAMING FACILITIES LOCATED WITHIN ZONE ONE SHALL BE DEPOSITED TO A SOLE CUSTODY FUND ESTABLISHED UNDER THE GAMING COMMISSION, AND PAID MONTHLY, WITHOUT APPROPRIATION, DIRECTLY TO THE METROPOLITAN TRANSPORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION ONE THOUSAND TWO HUNDRED SEVEN- TY-J OF THE PUBLIC AUTHORITIES LAW. ALL REVENUES COLLECTED FROM LICENSE FEES FROM GAMING FACILITIES LOCATED WITHIN ZONE TWO SHALL BE DEPOSITED TO THE COMMERCIAL GAMING REVENUE FUND ESTABLISHED UNDER SECTION NINE- TY-SEVEN-NNNN OF THE STATE FINANCE LAW. The commission shall set any renewal fee for such license based on the cost of fees associated with the evaluation of a licensee under this article which shall be deposited into the commercial gaming fund. Such renewal fee shall be exclusive of any subsequent licensing fees under this section. § 2. Subdivision 2 of section 97-nnnn of the state finance law, as added by chapter 174 of the laws of 2013, is amended and a new subdivi- sion 6 is added 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 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), (B), (C), (D) AND (E) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW. 6. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, ANY MONEY DEPOSITED INTO THIS FUND PURSUANT TO SECTION THIRTEEN HUNDRED FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW SHALL BE DISTRIBUTED AS SPECIFIED IN THAT SECTION. § 3. The public authorities law is amended by adding a new section 1270-j to read as follows: § 1270-J. METROPOLITAN TRANSPORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND. 1. THE AUTHORITY SHALL ESTABLISH A FUND TO BE KNOWN AS THE "METROPOLITAN TRANSPORTATION AUTHORITY COMMERCIAL GAMING REVENUE FUND" WHICH SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS OF THE AUTHORITY. 2. THE GAMING COMMISSION SHALL DEPOSIT INTO THE METROPOLITAN TRANSPOR- TATION AUTHORITY COMMERCIAL GAMING REVENUE FUND, WITHOUT APPROPRIATION, THE REVENUE INCLUDING TAXES COLLECTED IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF PARAGRAPHS (B), (C), (D) AND (E) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND LICENSING FEES COLLECTED IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF SUBDIVISION THREE OF SECTION THIRTEEN HUNDRED TWENTY-ONE-E OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW. 3. MONEYS IN THE FUND MAY BE USED BY THE AUTHORITY FOR PAYMENT OF OPERATING COSTS OF OR FOR THE AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY AND THEIR SUBSIDIARIES AS THE AUTHORITY SHALL DETERMINE, INCLUDING DEBT SERVICE. MONIES IN THE FUND SHALL NOT BE PLEDGED TO SECURE BONDS, NOTES OR OTHER OBLIGATIONS OF THE AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY AND THEIR SUBSIDIARIES. 4. NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO RESTRICT THE RIGHT OF THE STATE TO AMEND, REPEAL, MODIFY OR OTHERWISE ALTER STATUTES S. 4008--C 16 A. 3008--C IMPOSING OR RELATING TO THE TAXES, INTEREST AND PENALTIES, FEES AND CHARGES PRODUCING REVENUES FOR DEPOSIT IN THE METROPOLITAN TRANSPORTA- TION AUTHORITY COMMERCIAL GAMING REVENUE FUND OR, IF APPLICABLE, ANY APPROPRIATIONS RELATING THERETO. § 4. Subdivision 2 of section 1321-a of the racing, pari-mutuel wager- ing and breeding law, as added by section 7 of part RR of chapter 56 of the laws of 2022, is amended to read as follows: 2. If any of the three additional gaming facility licenses are awarded to an entity that was licensed for video lottery gaming pursuant to section sixteen hundred seventeen-a of the tax law as of January first two thousand twenty-two[, the education aid for the state resulting from taxes imposed pursuant to subdivision one-a of section thirteen hundred fifty-one of this article on the gaming facility operations of any such entity in a given state fiscal year shall be no less than the total of education aid deposits into the state lottery fund from the video lottery gaming operations of such entity for the full twelve month peri- od immediately preceding its opening date as a gaming facility, provided however, that the twelve month period education aid total shall not be less than the education aid total from the video lottery gaming oper- ations of such entity for state fiscal year two thousand twenty-two. Should the education aid for the state resulting from taxes imposed pursuant to subdivision one-a of section thirteen hundred fifty-one of this article on the gaming facility operations of such entity at the conclusion of a given state fiscal year be less than the total required under this subdivision, such entity shall remit the necessary payment to the commission for deposit into the commercial gaming revenue fund no later than the next occurring May first. Notwithstanding section nine- ty-seven-nnnn of the state finance law, such payment into the commercial gaming revenue fund shall be available only for elementary and secondary education.], A HOLD HARMLESS PROVISION SHALL APPLY. For the purposes of this section, video lottery gaming operations of an entity shall include any hosted video lottery devices. § 5. This act shall take effect immediately. PART S Intentionally Omitted PART T Intentionally Omitted 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 S. 4008--C 17 A. 3008--C displaced worker shall be eligible for continuation assistance retroac- tive to July 1, 2004. § 2. This act shall take effect immediately. PART V Intentionally Omitted PART W Intentionally Omitted PART X Section 1. Paragraph (c) of subdivision 2 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: (c) members of the public body shall be physically present at any such meeting unless such member is unable to be physically present at any such meeting location due to extraordinary circumstances, as set forth in the resolution and written procedures adopted pursuant to paragraphs (a) and (b) of this subdivision, including disability, illness, caregiv- ing responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting . NOTWITHSTANDING THE IN PERSON QUORUM REQUIREMENTS SET FORTH IN THIS SUBDIVISION, THE PUBLIC BODY MAY DETERMINE, THROUGH ITS WRITTEN PROCE- DURES GOVERNING MEMBER AND PUBLIC ATTENDANCE ESTABLISHED PURSUANT TO AND CONSISTENT WITH THIS SECTION, TO ALLOW FOR ANY MEMBER WHO HAS A DISABIL- ITY AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, WHERE SUCH DISABILITY RENDERS SUCH MEMBER UNABLE TO PARTICIPATE IN-PER- SON AT ANY SUCH MEETING LOCATION WHERE THE PUBLIC CAN ATTEND, TO BE CONSIDERED PRESENT FOR PURPOSES OF FULFILLING THE QUORUM REQUIREMENTS FOR SUCH PUBLIC BODY AT ANY MEETINGS CONDUCTED THROUGH VIDEOCONFERENCING PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT THE REMAINING CRITERIA SET FORTH IN THIS SUBDIVISION ARE OTHERWISE MET; AND PROVIDED, FURTHER, THAT THE PUBLIC BODY MAINTAINS AT LEAST ONE PHYSICAL LOCATION WHERE THE PUBLIC CAN ATTEND SUCH MEETING; § 2. This act shall take effect immediately; provided, however, that the amendments to 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 Intentionally Omitted PART Z Intentionally Omitted PART AA S. 4008--C 18 A. 3008--C Intentionally Omitted PART BB Section 1. Subdivision 29 of section 1678 of the public authorities law is amended by adding a new closing paragraph to read as follows: THE AUTHORITY SHALL SUBMIT A REPORT, NO LATER THAN SEPTEMBER THIRTI- ETH, TWO THOUSAND TWENTY-FOUR, AND ANNUALLY THEREAFTER, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY REGARDING PROCUREMENTS MADE PURSUANT TO THIS SUBDIVISION. SUCH REPORT SHALL INCLUDE A DESCRIPTION OF EACH PROCUREMENT MADE PURSUANT TO THIS SUBDIVISION, INFORMATION REGARDING THE PROCUREMENT PROCESS FOR EACH SUCH PROCUREMENT CONTRACT, INCLUDING THE LIST OF RESPONDING ENTITIES THAT DEMONSTRATED THE CAPABILITY TO MEET THE SPECIFICATIONS AND TERMS OF THE PROCUREMENT MADE PURSUANT TO THIS SUBDIVISION IF SUCH PROCUREMENT DID NOT USE LOWEST RESPONSIBLE BIDDING, THE PROJECT IDENTIFICATION NUMBER AND A DESCRIPTION FOR EACH SUCH PROJECT, THE COMPLETION DATE OR PROJECT- ED COMPLETION DATE AS APPLICABLE FOR EACH SUCH PROJECT, THE STATUS OF EACH SUCH PROJECT, THE TOTAL COST OR PROJECTED COST AND COST MODIFICA- TIONS OF EACH SUCH PROJECT PROCURED PURSUANT TO THIS SUBDIVISION, INDI- CATION OF WHETHER THE PARTY AWARDED A CONTRACT PURSUANT TO THIS SUBDIVI- SION SERVED AS A GENERAL CONTRACTOR OR SUBCONTRACTOR IN FULFILLING THE CONTRACT, AND THE TOTAL DOLLAR VALUE OF MONIES PAID TO MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO THIS SUBDIVISION ITEM- IZED BY YEAR AND INCLUDING THE TOTAL DOLLAR VALUES FOR THE FIVE YEARS PRECEDING THE RESPECTIVE ANNUAL REPORT'S RELEASE DATE. FOR ANNUAL REPORTS ANY NEW PROCUREMENTS AND CHANGES DURING THE PERIOD COVERED BY THE REPORT SHALL BE IDENTIFIED SEPARATELY. § 2. Section 2 of chapter 97 of the laws of 2019 amending the public authorities law, in relation to the award of contracts to small busi- nesses, minority-owned business enterprises and women-owned business enterprises, 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. § 3. This act shall take effect immediately; provided, however, that the amendments to subdivision 29 of section 1678 of the public authori- ties law made by section one of this act shall not affect the expiration of such subdivision and shall be deemed repealed therewith. PART CC Intentionally Omitted 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 MATCHING GRANT PROGRAM. 1. THE CORPORATION, SUBJECT TO AVAILABLE APPROPRIATIONS AND IN CONSULTATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT'S DIVISION FOR SMALL BUSINESS, SHALL ESTABLISH A MATCHING GRANT PROGRAM TO PROVIDE FUNDS TO SMALL BUSINESSES WHO HAVE S. 4008--C 19 A. 3008--C BEEN AWARDED PHASE ONE OR PHASE TWO GRANTS UNDER THE FEDERAL SMALL BUSI- NESS INNOVATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANS- FER PROGRAM. SUCH GRANTS SHALL BE AWARDED BASED ON A COMPANY'S POTENTIAL FOR COMMERCIALIZATION AND JOB GROWTH. AS USED IN THIS SECTION, "SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS PROVIDED FOR IN SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW. 2. THE FUNDING AMOUNTS FOR SUCH GRANT PROGRAM SHALL BE AS FOLLOWS: (A) FOR SMALL BUSINESSES THAT HAVE BEEN AWARDED PHASE ONE FUNDING UNDER THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, THE AMOUNT SHALL BE UP TO ONE HUNDRED THOUSAND DOLLARS. (B) FOR SMALL BUSINESSES THAT HAVE BEEN AWARDED PHASE TWO FUNDING UNDER THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, THE AMOUNT SHALL BE UP TO TWO HUNDRED THOUSAND DOLLARS. (C) FOR SMALL BUSINESSES THAT HAVE BEEN AWARDED PHASE THREE STATUS UNDER THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, SUCH BUSINESSES SHALL BE PROVIDED ACCESS TO TECHNICAL ASSISTANCE AND OUTREACH SUPPORT THROUGH RELEVANT PROGRAMS OF THE CORPORATION OR THE DIVISION OF ECONOMIC DEVEL- OPMENT BEST SUITED TO FOSTER SUCH BUSINESSES CONTINUED SUCCESS AND GROWTH, INCLUDING BUT NOT LIMITED TO THE MANUFACTURING EXTENSION PROGRAM, CENTERS FOR ADVANCED TECHNOLOGY PROGRAM, CENTERS OF EXCELLENCE PROGRAM, THE STATE SMALL BUSINESS CREDIT INITIATIVE PROGRAM, CERTIFIED INNOVATION HOT SPOTS PROGRAM, CERTIFIED BUSINESS INCUBATOR PROGRAM, ENTREPRENEURIAL ASSISTANCE CENTERS, BUSINESS COMPETITIONS AND ACCELER- ATORS SUPPORTED BY THE CORPORATION OR DEPARTMENT OF ECONOMIC DEVELOP- MENT, AND VENTURE CAPITAL INVESTMENTS ADMINISTERED BY THE CORPORATION OR DEPARTMENT OF ECONOMIC DEVELOPMENT. 3. SMALL BUSINESSES APPLYING TO THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM MAY APPLY TO THE CORPORATION FOR A COMMITMENT LETTER THAT MAY BE INCLUDED IN THEIR APPLICATION TO THE FEDERAL PROGRAMS NAMED HEREIN TO DEMONSTRATE CONTINGENT STATE SUPPORT AND THEREFORE INCREASE THEIR LIKELIHOOD OF RECEIVING FEDERAL SMALL BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS TECHNOLOGY TRANSFER MATCHING GRANT PROGRAM FUNDING. STATE MATCHING GRANTS SHALL ONLY BE PROVIDED TO SMALL BUSINESSES THAT ARE SELECTED FOR AN AWARD THROUGH THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM. 4. SUCH FUNDS AWARDED PURSUANT TO THIS SECTION SHALL BE USED TO EXPE- DITE COMMERCIALIZATION AND GENERALLY USED TO COVER EXPENSES NOT ALLOWED UNDER THE FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, INCLUDING BUT NOT LIMITED TO BUSINESS PLANNING, COMMERCIALIZATION, PATENTS AND MARKETING STUDIES IN SALES EFFORTS. ADDITIONALLY, THE CORPORATION SHALL OFFER GRANTEES ASSISTANCE WITH ACCESSING EXISTING RESOURCES OFFERED THROUGH THE CORPO- RATION OR THE DEPARTMENT OF ECONOMIC DEVELOPMENT THAT COVER AREAS SUCH AS BUSINESS PLANNING INCLUSIVE OF BUSINESS FINANCIAL PLANNING, COMMER- CIALIZATION, INTELLECTUAL PROPERTY AND PATENTS, MENTORING, INTERNATIONAL TRADE AND EXPORT DEVELOPMENT, AND MARKETING STUDIES IN SALES EFFORTS SUPPORT TO ENSURE THE MOST EFFICIENT USE OF FUNDS AWARDED THROUGH THIS PROGRAM. 5. SUCH FUNDS SHALL BE AWARDED ON CONDITION THAT THE SMALL BUSINESS RECIPIENT REMAINS HEADQUARTERED AND OPERATES OR MANUFACTURES IN THE STATE FOR AT LEAST TWO YEARS FOLLOWING THE SUCCESSFUL COMMERCIALIZATION OF THE BUSINESS'S PRODUCT OR PRODUCTS. ANY SMALL BUSINESS THAT HAS S. 4008--C 20 A. 3008--C RECEIVED FUNDING UNDER THIS PROGRAM THAT IS NOT HEADQUARTERED AND OPER- ATES OR MANUFACTURES IN THE STATE FOR AT LEAST TWO YEARS FOLLOWING THE SUCCESSFUL COMMERCIALIZATION OF THE BUSINESS'S PRODUCT OR PRODUCTS SHALL RETURN ALL GRANT AWARDS TO THE STATE. IF THE SMALL BUSINESS CEASES OPER- ATIONS BEFORE FIVE YEARS AFTER THE COMMERCIALIZATION OF ITS PRODUCT OR PRODUCTS, SUCH BUSINESS SHALL BE ELIGIBLE FOR A WAIVER OF THIS CLAWBACK PROVISION, AS DETERMINED BY THE CORPORATION, IN CONSULTATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT'S DIVISION FOR SMALL BUSINESS. 6. THE CORPORATION, IN CONSULTATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT'S DIVISION FOR SMALL BUSINESS, SHALL ESTABLISH THE FORM AND MANNER IN WHICH APPLICATIONS FOR GRANT AWARDS SHALL BE SUBMITTED AND SHALL ESTABLISH RULES, REGULATIONS, OR GUIDELINES FOR THE GRANT PROGRAM. THE CORPORATION SHALL ENDEAVOR TO ADVANCE APPLICANTS THAT CAN DEMON- STRATE THE DEGREE TO WHICH THEIR SMALL BUSINESS OR PRODUCT ADVANCES A GREEN AND SUSTAINABLE ECONOMY, OR SUPPORTS TRADITIONALLY DISADVANTAGED POPULATIONS. THE CORPORATION SHALL REVIEW EACH APPLICATION FOR COMPLIANCE WITH THE ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN THE PROGRAM'S RULES, REGULATIONS, OR GUIDELINES ESTABLISHED BY THE COMMISSIONER. THE CORPORATION MAY APPROVE OR REJECT EACH APPLICATION OR MAY RETURN AN APPLICATION FOR MODIFICATIONS, IF NECESSARY. 7. 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 CORPORATION DETERMINES NECESSARY AND APPROPRIATE. SUCH REPORT SHALL BE INCLUDED ON THE CORPORATION'S WEBSITE AND ANY OTHER PUBLICLY ACCESSI- BLE STATE DATABASES THAT LIST ECONOMIC DEVELOPMENT PROGRAMS, AS DETER- MINED BY THE CORPORATION. § 2. This act shall take effect immediately. PART EE Section 1. 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: (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. § 2. This act shall take effect immediately. PART FF S. 4008--C 21 A. 3008--C 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] FOUR 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] 2024, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. § 2. This act shall take effect immediately. PART HH Intentionally Omitted PART II Intentionally Omitted 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] 2024. § 2. This act shall take effect immediately. PART KK Intentionally Omitted S. 4008--C 22 A. 3008--C 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] 2025. § 2. The dormitory authority of the state of New York shall provide a report providing information regarding any project undertaken pursuant to a design and construction management agreement, as authorized by part BB of chapter 58 of the laws of 2012, between the dormitory authority of the state of New York and the department of environmental conservation and/or the office of parks, recreation and historic preservation to the governor, the temporary president of the senate and speaker of the assembly. Such report shall include but not be limited to a description of each such project, the project identification number of each such project, if applicable, the projected date of completion, the status of the project, the total cost or projected cost of each such project, and the location, including the names of any county, town, village or city, where each such project is located or proposed. In addition, such a report shall be provided to the aforementioned parties by the first day of March of each year that the authority to enter into such agreements pursuant to part BB of chapter 58 of the laws of 2012 is in effect. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 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. S. 4008--C 23 A. 3008--C § 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 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. This act shall take effect one year after it shall have become a law. PART NN Intentionally Omitted 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], GROWN, PRODUCED OR HARVESTED, IN NEW YORK STATE, 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--C 24 A. 3008--C (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 FIFTY thousand dollars or less as herein authorized, provided however, that a school district or board of cooperative educational services may apply to the commissioner of educa- tion for permission to purchase orders of more than one hundred FIFTY 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--C 25 A. 3008--C 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. This act shall take effect immediately. PART PP Intentionally Omitted PART QQ Intentionally Omitted 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. § 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] 2025. § 3. This act shall take effect immediately; provided, however that the amendments to section 11-0935 of the environmental conservation law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith. 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: S. 4008--C 26 A. 3008--C § 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 wastewater disposal systems, comprised mostly of cesspools and septic systems, with two hundred nine thousand of these onsite systems in environmentally sensi- tive areas which could benefit from nitrogen-reducing technologies. The United States Environmental 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 ground- water by onsite systems. The full water cycle is impacted by increasing quantities of nutrients, pathogens, pesticides, volatile organic contam- inants 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 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, the establishment of a water quality restoration fund, and a county board of trustees to monitor progress and the allo- cation of resources consistent with the goals of the SWP would allow for the implementation of a much needed integrated long-term wastewater solution for the county through comprehensive planning and management to improve water quality. 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. The water quality restoration fund would be financed with a dedicated and recurring revenue source by the enactment of an additional sales and S. 4008--C 27 A. 3008--C compensating use tax at the rate of one-eighth of one percent until 2060. Such tax would be enacted pursuant to a mandatory referendum. This act shall also provide Suffolk county with the authority to create a county-wide wastewater management district through the consol- idation of existing county sewer districts with currently unsewered areas of the county. 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; to manage, monitor and enforce nitrogen reduction programs throughout the county; complete additional sewer extension projects; improve the economic wellbeing of communities; and provide an opportu- nity to consolidate and streamline the county's existing sewer district system and normalize the inequitable rate structure that has long existed. In addition, this act will extend the existing one-quarter of one percent sales tax utilized to finance the county drinking water protection program until 2060. § 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 COUNTY SEWER DISTRICTS WITHIN THE COUNTY AS WELL AS UNSEWERED AREAS OF THE COUNTY, UNDER THE JURISDICTION OF THE DISTRICT; (II) ESTABLISH ONE OR MORE ZONES OF ASSESSMENT WITHIN THE DISTRICT, COTERMINOUS WITH THE TERRITORIAL BOUNDARIES OF THE EXISTING COUNTY SEWER DISTRICTS, CONSOLIDATED PURSUANT TO THIS SECTION, 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 TRANSFER OF PROPERTY OF ORIGINAL COUNTY SEWER DISTRICTS TO THE DISTRICT, NECESSARY FOR THE INSTALLATION AND MAINTENANCE OF DISTRICT FACILITIES; (IV) PRIORITIZE DISTRICT PROJECTS IN ACCORDANCE WITH THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER PLAN (SWP) ADOPTED BY THE COUNTY LEGISLATURE, AND ANY AMENDMENTS THERETO; (V) RECEIVE FUNDS FROM THE SUFFOLK COUNTY WATER QUALITY RESTORATION FUND, AS ESTABLISHED BY SECTION ONE THOUSAND TWO HUNDRED TEN-F OF THE TAX LAW, AND DISTRIBUTE GRANT PROCEEDS WITHIN THE DISTRICT IN ACCORDANCE WITH THE GOALS ESTAB- LISHED IN THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER PLAN; (VI) ASSUME AND PAY ANY REMAINING INDEBTEDNESS OF EACH ORIGINAL COUNTY SEWER DISTRICT; (VII) WITHIN THE ZONES OF ASSESSMENT, ESTABLISH AND PROVIDE FOR THE COLLECTION OF CHARGES, 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, MAINTENANCE AND IMPROVEMENTS OF THE DISTRICT, INCLUDING BUT NOT LIMITED TO: (A) SPECIAL ASSESSMENT AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE HUNDRED TWO OF THE REAL S. 4008--C 28 A. 3008--C 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. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT THE COLLECTION OF CHARGES, RATES, TAXES, OR ASSESSMENTS AUTHORIZED BY THIS SECTION OUTSIDE OF THE ESTABLISHED ZONES OF ASSESSMENT WITHIN THE UNSEW- ERED PORTIONS OF THE DISTRICT OR WITHIN TOWN OR VILLAGE SEWER DISTRICTS. 2. BOUNDARIES. THE BOUNDARIES OF THE DISTRICT UPON FORMATION SHALL INCLUDE THE BOUNDARIES OF ALL COUNTY SEWER DISTRICTS CONSOLIDATED INTO THE DISTRICT AND ALL UNSEWERED AREAS OF THE COUNTY. UNTIL SUCH TIME AS A TOWN OR VILLAGE SEWER DISTRICT IS CONSOLIDATED INTO THE DISTRICT AS SET FORTH IN SUBDIVISION TEN OF THIS SECTION, THE BOUNDARIES OF THE DISTRICT SHALL NOT INCLUDE TERRITORIAL BOUNDARIES OF TOWN OR VILLAGE SEWER DISTRICTS LOCATED WHOLLY OR IN PART IN THE COUNTY OF SUFFOLK. 3. COUNTY AGENCY REVIEW AND REPORT. THE COUNTY LEGISLATURE MAY DIRECT THE COUNTY AGENCY, APPOINTED OR ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FIFTY-ONE OF THIS ARTICLE, TO, OR THE COUNTY AGENCY ON ITS OWN MOTION MAY, 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 COUNTY LEGISLATURE CONSISTENT WITH THIS ARTICLE. WHEN THE AGENCY HAS CAUSED SUCH REPORT TO BE PREPARED, IT SHALL TRANSMIT IT TO THE COUNTY LEGISLATURE. UPON RECEIPT OF THE REPORT, THE COUNTY LEGISLATURE SHALL CALL A PUBLIC HEARING PURSUANT TO SUBDIVI- SION FIVE OF THIS SECTION TO CREATE A SUFFOLK COUNTY WASTEWATER MANAGE- MENT DISTRICT IN ACCORDANCE WITH THIS SECTION. SUCH REPORT SHALL BE FILED IN THE OFFICE OF THE CLERK OF THE LEGISLATURE OF SUFFOLK COUNTY. 4. RESOLUTION. THE COUNTY LEGISLATURE OF SUFFOLK COUNTY MAY ADOPT A RESOLUTION CALLING A PUBLIC HEARING UPON THE PROPOSED CREATION OF THE DISTRICT. 5. NOTICE. THE CLERK OF THE COUNTY LEGISLATURE SHALL GIVE NOTICE OF THE HEARING DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION IN SUCH NEWS- PAPERS AND WITHIN SUCH TIME PERIOD AS SET FORTH IN SECTION TWO HUNDRED FIFTY-FOUR OF THIS ARTICLE. SUCH NOTICE SHALL SPECIFY THE TIME, DATE AND LOCATION OF SUCH HEARING AND, IN GENERAL TERMS, DESCRIBE THE PROPOSED ESTABLISHMENT OF THE DISTRICT AND THE PROPOSED BASIS OF THE FUTURE ASSESSMENT OF ALL COSTS OF OPERATION, MAINTENANCE AND IMPROVE- MENTS OF THE DISTRICT. 6. HEARING AND RESOLUTION TO ESTABLISH. 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 PERMISSIVE REFERENDUM, ESTABLISHING THE DISTRICT. 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 S. 4008--C 29 A. 3008--C PUBLICATION OF A NOTICE IN SUCH NEWSPAPERS AND WITHIN SUCH TIME PERIOD AS SET FORTH IN SECTION ONE HUNDRED ONE 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, MAINTE- NANCE AND IMPROVEMENTS, AND THAT SUCH RESOLUTION WAS ADOPTED SUBJECT TO A PERMISSIVE REFERENDUM. 8. ASSESSMENTS, LEVIES 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 WITHIN THE ZONES OF ASSESSMENT ESTABLISHED BY THIS SECTION: (A) SPECIAL ASSESSMENTS 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 ASSESS- MENTS 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 BOARD OF TRUSTEES ESTABLISHED IN ACCORDANCE WITH THE SUFFOLK COUNTY WATER QUALITY RESTORATION ACT. NOTH- ING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT THE COLLECTION OF CHARGES, RATES, TAXES, OR ASSESSMENTS AUTHORIZED BY THIS SECTION OUTSIDE OF THE ESTABLISHED ZONES OF ASSESSMENT WITHIN THE UNSEWERED PORTIONS OF THE DISTRICT OR WITHIN TOWN OR VILLAGE SEWER DISTRICTS. 8-A. RECORDING DETERMINATION. THE CLERK OF THE COUNTY LEGISLATURE SHALL WITHIN TEN DAYS AFTER THE EFFECTIVE DATE OF THE RESOLUTION CREAT- ING THE DISTRICT CAUSE A CERTIFIED COPY TO BE RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY AND WHEN SO RECORDED SUCH ORDER SHALL BE PRESUMPTIVE EVIDENCE OF THE REGULARITY OF THE PROCEEDINGS FOR THE CREATION OF THE DISTRICT AND OF ALL OTHER ACTION TAKEN BY THE COUNTY LEGISLATURE PURSUANT TO THIS SECTION. A CERTIFIED COPY SHALL ALSO BE FILED IN THE OFFICE OF THE STATE DEPARTMENT OF AUDIT AND CONTROL IN ALBANY, NEW YORK. 9. OTHER LAWS. ALL PROVISIONS OF THE REAL PROPERTY TAX LAW AND THE SUFFOLK COUNTY TAX ACT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME, NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, RELATING TO THE ASSESSING, LEVY AND COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS, AD VALOREM LEVIES AND SEWER RENTS IN THE COUNTY SHALL APPLY AND BE OF EQUAL FORCE AND APPLICABILITY TO SPECIAL ASSESSMENTS, AD VALOREM LEVIES AND SEWER RENTS AUTHORIZED PURSUANT TO THIS SECTION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT THE COLLECTION OF CHARGES, RATES, TAXES, OR ASSESSMENTS AUTHORIZED BY THIS SECTION OUTSIDE OF THE ESTAB- S. 4008--C 30 A. 3008--C LISHED ZONES OF ASSESSMENT WITHIN THE UNSEWERED PORTIONS OF THE DISTRICT OR WITHIN TOWN OR VILLAGE SEWER DISTRICTS. 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, PROVIDED, HOWEVER, THAT THE MERGER OF ANY TOWN OR VILLAGE SEWER DISTRICT, OR VILLAGE SEWERAGE SYSTEM, WITH THE DISTRICT SHALL BE UPON PETITION OF A TOWN OR VILLAGE, IN ACCORDANCE WITH SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE, AND, UPON THE ADOPTION OF AN ORDER AS SET FORTH THEREIN, THE TOWN OR VILLAGE SEWER DISTRICT, OR VILLAGE SEWERAGE SYSTEM, IF SO DETERMINED BY THE COUNTY LEGISLATURE OF SUFFOLK, SHALL BE MERGED INTO AND CONSOLIDATED WITH THE DISTRICT, AND THE BOUNDARIES OF THE DISTRICT SHALL BE DEEMED EXTENDED. 11. WATER QUALITY RESTORATION FUND. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COUNTY OF SUFFOLK SHALL DEPOSIT THE NET COLLECTIONS FROM THE SALES AND COMPENSATING USE TAX AUTHORIZED BY SECTION ONE THOUSAND TWO HUNDRED TEN-F OF THE TAX LAW INTO THE SUFFOLK COUNTY WATER QUALITY RESTORATION FUND ESTABLISHED IN ACCORDANCE THERE- WITH, AND SHALL UTILIZE ALL MONIES TRANSFERRED FROM THE FUND CONSISTENT WITH THIS SECTION. 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. WHERE SUFFOLK COUNTY FINANCES A PROJECT, IN WHOLE, OR IN PART, PURSUANT TO THE LOCAL FINANCE LAW, THE RESOLUTION AUTHORIZING SUCH INDEBTEDNESS SHALL BE ACCOMPANIED BY A REPORT FROM THE COUNTY EXECUTIVE DEMONSTRATING HOW SAID INDEBTEDNESS WILL BE REPAID BY THE FUND. SAID REPORT SHALL INCLUDE AN ESTIMATE OF PROJECTED REVENUES OF THE FUND DURING THE PERIOD OF INDEBTEDNESS. THE REPORT SHALL ALSO PROVIDE AN ACCOUNTING OF ALL OTHER INDEBTEDNESS INCURRED AGAINST THE FUND TO BE REPAID FOR THE SAME PERIOD. THE COUNTY LEGISLATURE SHALL MAKE FINDINGS BY RESOLUTION THAT THERE WILL BE SUFFICIENT REVENUE TO REPAY SUCH INDEBTEDNESS IN ITS ENTIRETY FROM THE FUND BEFORE AUTHORIZING SUCH INDEBTEDNESS. 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 INDEBTEDNESS OR OBLIGATIONS INCURRED PURSUANT TO THE LOCAL FINANCE LAW FOR THE PURPOSES AUTHORIZED PURSUANT TO THIS SECTION. (B) (I) WATER QUALITY IMPROVEMENT PROJECTS SHALL BE ELIGIBLE FOR FUND- ING PURSUANT TO THIS SECTION. FOR PURPOSES OF THIS SECTION, "WATER QUALITY IMPROVEMENT PROJECTS" SHALL MEAN THE PLANNING, DESIGN, CONSTRUCTION, ACQUISITION, ENLARGEMENT, EXTENSION, OR ALTERATION OF A COUNTY, TOWN OR VILLAGE WASTEWATER TREATMENT FACILITY, INCLUDING INDI- VIDUAL 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 ELIM- INATE SEWAGE OR REDUCE POLLUTANTS, INCLUDING PERMANENT OR PILOT DEMON- STRATION WASTEWATER TREATMENT PROJECTS, OR EQUIPMENT OR FURNISHINGS THEREOF. IN THE CASE OF INDIVIDUAL SEPTIC SYSTEM PROJECTS, THE FUNDING OF THE OPERATION AND MAINTENANCE OF SUCH PROJECTS SHALL BE INCLUDED IN THE DEFINITION OF "WATER QUALITY IMPROVEMENT PROJECTS". 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 ELIGI- S. 4008--C 31 A. 3008--C BLE FOR CONSIDERATION BY THE BOARD OF TRUSTEES, ESTABLISHED IN ACCORD- ANCE WITH SUBPARAGRAPH (I) OF PARAGRAPH (C) OF THIS SUBDIVISION. (II) OF THE ANNUAL COLLECTIONS OF THE FUND, ADMINISTRATION OF THE COUNTY WASTEWATER MANAGEMENT DISTRICT SHALL NOT EXCEED TEN PERCENT. NOT LESS THAN SEVENTY-FIVE PERCENT OF THE REMAINING ANNUAL FUNDS AFTER ADMINISTRATION SHALL BE USED TOWARD FUNDING INDIVIDUAL SEPTIC SYSTEMS PROJECTS. IN ADDITION TO WATER QUALITY IMPROVEMENT PROJECTS, OTHER ELIGIBLE EXPENDITURES FROM THE FUND SHALL INCLUDE THE PREPARATION OF AN ANNUAL SWP IMPLEMENTATION ACTION PLAN TO PROTECT, PRESERVE, AND REHABIL- ITATE GROUNDWATER, SURFACE WATER, AND DRINKING WATER. (III) 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, ORDINANCE OR RESOLUTION ESTABLISHING THE SUFFOLK COUNTY WATER QUALITY RESTORATION FUND, PURSUANT TO SECTION ONE THOUSAND TWO HUNDRED TEN-F OF THE TAX LAW, THE COUNTY SHALL ESTABLISH A BOARD OF TRUSTEES OF TWENTY-ONE 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 BOARD OF TRUSTEES, INCLUDING THE PROCEDURES FOR APPOINTMENT OF A CHAIRPERSON. SUCH 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; (Q) THE COUNTY DEPARTMENT OF HEALTH SERVICES COMMISSIONER OR DESIGNEE; (R) A REPRESENTATIVE FROM A REGIONAL ECONOMIC DEVELOPMENT ORGANIZATION; (S) A REPRESENTATIVE FROM THE LIQUID WASTE INDUSTRY; (T) A REPRESENTATIVE FROM THE SUFFOLK COUNTY ALLIANCE OF CHAMBERS, INC.; AND (U) A REPRESENTATIVE FROM THE LONG ISLAND CONTRACTORS ASSOCIATION. (II) THE POWERS AND DUTIES OF THE BOARD OF TRUSTEES SHALL OVERSEE THE ANNUAL AUDIT PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, MAKING PRUDENT RECOMMENDATIONS FOR RESOURCE ALLOCATIONS FOR COUNTY-APPROVED 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) ANNUAL SWP IMPLEMENTATION PLAN. THE 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 S. 4008--C 32 A. 3008--C 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 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 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 ADMINISTRA- TIVE ACTIVITIES OF THE WATER QUALITY FUND AND DISTRICT ESTABLISHED IN ACCORDANCE WITH THIS SECTION, DURING THE PRIOR YEAR. AT THE CONCLUSION OF THE REPORT, THE CHAIRPERSON OF THE BOARD OF TRUSTEES SHALL BE PREPARED TO ANSWER THE QUESTIONS OF THE COUNTY LEGISLATURE WITH RESPECT TO THE PROJECTS UNDERTAKEN, THE MONIES EXPENDED, AND THE ADMINISTRATIVE ACTIVITIES DURING THE PAST YEAR. § 4. Paragraph a of section 11.00 of the local finance law is amended by adding a new subdivision 110 to read as follows: 110. 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. § 4-a. Subdivisions (a) and (d) of section 1210-A of the tax law, as amended by chapter 683 of the laws of 2007, are amended to read as follows: (a) In addition to the taxes imposed by section twelve hundred ten or any other provision of this article, the county of Suffolk is hereby authorized and empowered to adopt and amend a local law, ordinance or resolution imposing within the territorial limits of said county an S. 4008--C 33 A. 3008--C additional sales and compensating use tax at the rate of one-quarter of one percent for the period beginning December first, nineteen hundred eighty-four and ending November thirtieth, two thousand [thirty] SIXTY, which tax shall be identical to the tax imposed by said county pursuant to section twelve hundred ten of this article. Except as hereinafter provided, all provisions of this article, including the definition and exemption provisions and the provisions relating to the administration, collection and distribution by the commissioner, shall apply for purposes of the tax imposed by this section in the same manner and with the same force and effect as if the language of this article had been incorporated in full in this section and had expressly referred to the tax imposed by this section; provided, however, that any provision relating to a maximum rate shall be calculated without reference to the additional sales and compensating use tax herein authorized. For purposes of part IV of this article, relating to the disposition of revenues resulting from taxes collected and administered by the commis- sioner, the additional sales and compensating use tax herein provided shall be deemed to be imposed under the authority of section twelve hundred ten of this article and all provisions relating to the deposit, administration and disposition of taxes, penalties and interest relating to a tax imposed by a county under the authority of section twelve hundred ten of this article shall, except as otherwise specifically provided in this section, apply to the additional sales and compensating use tax imposed pursuant to this section. (d) Notwithstanding any other provision of this article to the contra- ry, the net collections from the tax imposed pursuant to subdivision (a) of this section for the period beginning December first, nineteen hundred eighty-eight and ending November thirtieth, two thousand [thir- ty] SIXTY shall, upon payment to the county of Suffolk, be deposited in a special fund, to be designated as a drinking water protection reserve fund, to be created by said county therefor separate and apart from any other funds and accounts of the county. Moneys in such fund shall be deposited in one or more of the banks or trust companies designated, in the manner provided by law, as a depository of the funds of such county. Pending expenditure from such fund, moneys therein may be invested in the manner provided in section eleven of the general municipal law. Any interest earned or capital gain realized on the moneys so deposited or invested shall accrue to and become part of such fund. Moneys in said fund may be appropriated from and transferred to or expended in any fiscal year only for the purposes of making payments pursuant to subdi- visions (b) and (c) of this section for the period beginning December first, nineteen hundred eighty-eight, to the extent that moneys in said fund are remaining, and if authorized by local law, for the following purposes: (i) for the purposes of specific environmental protection (acquisition of: farmland development rights; open space, wetlands, woodlands, pine barrens and other lands for passive recreational uses; lands for hamlet greens, hamlet parks, pocket parks, historic parks, cultural parks and other lands for active/parkland recreational uses; lands necessary for maintaining and protecting the quality of surface water, groundwater and coastal resources); (ii) for a water quality protection and restoration program or programs and land stewardship initiatives; (iii) for the purposes of county-wide property tax protection; and (iv) for the purpose of sewer taxpayer protection. S. 4008--C 34 A. 3008--C Notwithstanding any special or local law, resolution or charter provision to the contrary, moneys in said fund which have not been appropriated from and transferred to or expended in any fiscal year for the purposes of making payments pursuant to subdivisions (b) and (c) of this section, may alternatively be appropriated for the purposes of paying debt service on any new indebtedness incurred after the effective date of the chapter of the laws of two thousand one that enacted this paragraph pursuant to the local finance law in order to effectuate the purposes described in paragraph (i) or (ii) of this subdivision. For the purpose of allocating moneys in said fund pursuant to local law among the purposes described in paragraphs (i), (ii), (iii) and (iv) of this subdivision, moneys applied to the payment of debt service under the authority of the previous sentence shall be considered by said county to have been expended for the purposes for which such indebtedness was incurred. § 4-b. The tax law is amended by adding a new section 1210-F to read as follows: § 1210-F. SALES AND COMPENSATING USE TAX FOR PURPOSES OF THE SUFFOLK COUNTY WATER QUALITY RESTORATION FUND. (A) IN ADDITION TO THE TAXES IMPOSED BY SECTION TWELVE HUNDRED TEN, SECTION TWELVE HUNDRED TEN-A, OR ANY OTHER PROVISION OF THIS ARTICLE, THE COUNTY OF SUFFOLK IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A LOCAL LAW, ORDINANCE OR RESOLUTION, SUBJECT TO A MANDATORY REFERENDUM, IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION TWENTY-THREE OF THE MUNICIPAL HOME RULE LAW, IMPOSING WITHIN THE TERRITORIAL LIMITS OF SAID COUNTY AN ADDITIONAL SALES AND COMPENSATING USE TAX AT THE RATE OF ONE-EIGHTH OF ONE PERCENT FOR THE PERIOD BEGINNING MARCH FIRST, TWO THOUSAND TWENTY-FOUR AND ENDING FEBRUARY TWENTY-NINTH, TWO THOUSAND SIXTY, WHICH TAX SHALL BE IDENTICAL TO THE TAX IMPOSED BY SAID COUNTY PURSUANT TO SECTION TWELVE HUNDRED TEN OF THIS ARTICLE. PROVIDED, HOWEVER, THAT SUCH LOCAL LAW, ORDINANCE OR RESOLUTION SHALL NOT TAKE EFFECT UNLESS SUCH COUNTY COMPLIES WITH THE PROVISIONS OF SUBDIVISIONS (D) AND (E) OF SECTION TWELVE HUNDRED TEN OF THIS SUBPART AND PROVIDES NOTICE TO THE COMMIS- SIONER IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION (D) OF SUCH SECTION OF THE APPROVAL OF SUCH RESOLUTION BY THE ELECTORS. EXCEPT AS HEREINAFTER PROVIDED, ALL PROVISIONS OF THIS ARTICLE, INCLUDING THE DEFINITION AND EXEMPTION PROVISIONS AND THE PROVISIONS RELATING TO THE ADMINISTRATION, COLLECTION AND DISTRIBUTION BY THE COMMISSIONER, SHALL APPLY FOR PURPOSES OF THE TAX IMPOSED BY THIS SECTION IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE LANGUAGE OF THIS ARTICLE HAD BEEN INCORPORATED IN FULL IN THIS SECTION AND HAD EXPRESSLY REFERRED TO THE TAX IMPOSED BY THIS SECTION; PROVIDED, HOWEVER, THAT ANY PROVISION RELATING TO A MAXIMUM RATE SHALL BE CALCULATED WITHOUT REFER- ENCE TO THE ADDITIONAL SALES AND COMPENSATING USE TAX HEREIN AUTHORIZED. FOR PURPOSES OF PART IV OF THIS ARTICLE, RELATING TO THE DISPOSITION OF REVENUES RESULTING FROM TAXES COLLECTED AND ADMINISTERED BY THE COMMIS- SIONER, THE ADDITIONAL SALES AND COMPENSATING USE TAX HEREIN PROVIDED SHALL BE DEEMED TO BE IMPOSED UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE AND ALL PROVISIONS RELATING TO THE DEPOSIT, ADMINISTRATION AND DISPOSITION OF TAXES, PENALTIES AND INTEREST RELATING TO A TAX IMPOSED BY A COUNTY UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE SHALL, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS SECTION, APPLY TO THE ADDITIONAL SALES AND COMPENSATING USE TAX IMPOSED PURSUANT TO THIS SECTION. (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRA- RY, THE NET COLLECTIONS FROM THE TAX IMPOSED PURSUANT TO SUBDIVISION (A) S. 4008--C 35 A. 3008--C OF THIS SECTION FOR THE PERIOD BEGINNING MARCH FIRST, TWO THOUSAND TWEN- TY-FOUR AND ENDING FEBRUARY TWENTY-NINTH, TWO THOUSAND SIXTY SHALL, UPON PAYMENT TO THE COUNTY OF SUFFOLK, BE DEPOSITED IN A SPECIAL FUND, 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. MONEYS IN SUCH FUND SHALL BE DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION TEN OF THE GENERAL MUNICIPAL LAW AND IN NO EVENT SHALL MONEYS DEPOSITED BE TRANSFERRED TO ANY OTHER ACCOUNT. IN ADDITION TO THE NET COLLECTIONS FROM THE TAX, DEPOSITS INTO THE FUND MAY INCLUDE REVENUES OF SUFFOLK COUNTY FROM WHATEVER SOURCE AND MAY INCLUDE THE ACCEPTANCE OF GIFTS. PENDING EXPENDITURE FROM SUCH FUND, MONEYS THEREIN MAY BE INVESTED IN THE MANNER PROVIDED IN SECTION ELEVEN OF THE GENERAL MUNICIPAL LAW. ANY INTEREST EARNED OR CAPITAL GAIN REALIZED ON THE MONEYS SO DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME PART OF SUCH FUND. MONEYS IN SAID FUND MAY BE APPROPRIATED FROM AND TRANSFERRED TO OR EXPENDED IN ANY FISCAL YEAR ONLY FOR THE PURPOSES AUTHORIZED BY SUBDIVISION ELEVEN OF SECTION TWO HUNDRED FIFTY-SIX-B OF THE COUNTY LAW. § 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 in a chapter of the laws of 2023 to the department of agriculture and markets from the special revenue funds-other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the department of agriculture and markets' participation in general ratemaking proceedings pursuant to section 65 of the public service law or certif- ication proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2024, the commissioner of the department of agriculture and markets shall submit an accounting of such expenses, including, but not S. 4008--C 36 A. 3008--C limited to, expenses in the 2023-2024 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 2. Expenditures of moneys appropriated in a chapter of the laws of 2023 to the department of state from the special revenue funds- other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the activities of the department of state's utility intervention unit pursuant to subdivision 4 of section 94-a of the executive law, including, but not limited to participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursuant to article 7 or 10 of the public service law, and expenses related to the activities of the major renewable energy development program established by section 94-c of the executive law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2024, the secretary of state shall submit an accounting of such expenses, including, but not limited to, expenses in the 2023-2024 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commis- sion for the chair's review pursuant to the provisions of section 18-a of the public service law. § 3. Expenditures of moneys appropriated in a chapter of the laws of 2023 to the office of parks, recreation and historic preservation from the special revenue funds-other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the office of parks, recreation and historic preservation's participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2024, 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 2023-2024 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 4. Expenditures of moneys appropriated in a chapter of the laws of 2023 to the department of environmental conservation from the special revenue funds-other/state operations, environmental conservation special revenue fund-301, utility environmental regulation account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the department of environmental conservation's participation in state energy policy proceedings, or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2024, the commissioner of the department of environmental conservation shall submit an account- ing of such expenses, including, but not limited to, expenses in the 2023-2024 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the S. 4008--C 37 A. 3008--C 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, 2024, the commissioner of the department of health shall submit an accounting of expenses in the 2023-2024 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 and shall expire and be deemed repealed April 1, 2024. PART WW Intentionally Omitted PART XX Intentionally Omitted PART YY Intentionally Omitted 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 S. 4008--C 38 A. 3008--C 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 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 Intentionally Omitted PART BBB Section 1. Paragraph f of subdivision 7 of section 415 of the vehicle and traffic law is amended by adding a new subparagraph (iv) to read as follows: (IV) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARAGRAPH OR ANY PROVISION OF PARAGRAPH (BB) OF SUBDIVISION TWO OF SECTION FOUR HUNDRED SIXTY-THREE OF THIS TITLE, THE COMMISSIONER MAY ISSUE OR RENEW ANY CERTIFICATE OF REGISTRATION TO A FRANCHISOR, MANUFACTURER, DISTRIBUTOR, DISTRIBUTOR BRANCH OR FACTORY BRANCH, AS SUCH TERMS ARE DEFINED IN SECTION FOUR HUNDRED SIXTY-TWO OF THIS TITLE, OR TO ANY SUBSIDIARY, AFFILIATE OR CONTROLLED ENTITY THEREOF, THAT MANUFACTURES OR ASSEMBLES BUSES EXCLUSIVELY; PROVIDED, HOWEVER, THAT SUCH CERTIFICATE SHALL BE ISSUED EXCLUSIVELY FOR THE SALE OF BUSES TO PUBLIC TRANSPORTATION PROVIDERS; AND PROVIDED FURTHER, HOWEVER, THAT SUCH FRANCHISOR, MANUFAC- TURER, DISTRIBUTOR, DISTRIBUTOR BRANCH OR FACTORY BRANCH, OR ANY SUBSID- S. 4008--C 39 A. 3008--C IARY, AFFILIATE OR CONTROLLED ENTITY THEREOF: (1) IS A MANUFACTURER THAT MANUFACTURES OR ASSEMBLES EXCLUSIVELY BUSES, OR IS A SUBSIDIARY, AFFIL- IATE, OR CONTROLLED ENTITY OF SUCH A MANUFACTURER; AND (2) SELLS SUCH BUSES UNDER SUCH CERTIFICATE OF REGISTRATION SOLELY TO PUBLIC TRANSPOR- TATION PROVIDERS. FOR PURPOSES OF THIS SUBPARAGRAPH, THE TERM "PUBLIC TRANSPORTATION PROVIDER" SHALL MEAN PUBLIC TRANSPORTATION SYSTEMS ELIGI- BLE TO RECEIVE OPERATING ASSISTANCE UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THE TRANSPORTATION LAW, AND THE TERM "PUBLIC TRANSPORTA- TION SYSTEM" SHALL MEAN: (A) ANY PUBLIC BENEFIT CORPORATION CONSTITUTING A TRANSPORTATION AUTHORITY, OR A SUBSIDIARY THEREOF, OR ANY PUBLIC TRANSPORTATION CORPORATION CONSTITUTED AS AN INSTRUMENTALITY OF THE STATE, OR A SUBSIDIARY THEREOF, DIRECTLY OR THROUGH A CONTRACT WITH ANOTHER ENTITY, THAT PROVIDES MASS TRANSPORTATION SERVICES TO THE GENER- AL PUBLIC; OR (B) ANY INDIAN TRIBE OR ANY COUNTY, CITY, TOWN OR VILLAGE THAT PROVIDES MASS TRANSPORTATION SERVICES TO THE GENERAL PUBLIC DIRECT- LY OR THROUGH A CONTRACT WITH ANOTHER ENTITY PURSUANT TO SECTION ONE HUNDRED NINETEEN-R OF THE GENERAL MUNICIPAL LAW. § 2. This act shall take effect immediately. PART CCC Section 1. The closing paragraph of paragraph (d) of subdivision 2-a of section 1269-b of the public authorities law, as added by section 1 of part LLL of chapter 58 of the laws of 2022, is amended and a new paragraph (f) is added to read as follows: The status of projects shall be provided and state the current phase of the project, such as planning, design, construction or completion, and shall state how far the project has progressed as measured in percentage by expenditure. The dashboard shall measure progress based on original budgets at the time of project commitment when scope and budget are defined. At a minimum, all changes to planned budgets of greater than ten percent, significant project scope or a three month or more change in schedule shall be provided in narrative form and describe the reason for each change or amendment. The dashboard shall include a glos- sary or data dictionary which contains plain language descriptions of the data, INCLUDING INDIVIDUAL PROJECT DATA, and ANY OTHER information provided on the dashboard. THE AUTHORITY SHALL PROVIDE A DEFINITION OF RESILIENCY IN THE GLOSSARY OR DATA DICTIONARY. The dashboard shall be updated, at a minimum, on a quarterly basis, and all data fields avail- able on the dashboard shall be made available for download on the authority's website in a single tabular data file in a common, machine readable format. Capital dashboard data shall also be made available on the data.ny.gov website or such other successor website maintained by, or on behalf of, the state, as deemed appropriate by the New York state office of information technology services under executive order number ninety-five of two thousand thirteen, or any successor agency or order. (F) THE AUTHORITY SHALL CREATE AND MAINTAIN A SEPARATE SECTION ON ITS CAPITAL PROGRAM DASHBOARD WEBSITE FOR PROJECTS RELATED TO ACCESSIBILITY OR RESILIENCY. INFORMATION ON THIS WEBSITE SHALL BE UPDATED QUARTERLY. FOR THE PURPOSES OF THIS SUBDIVISION, "ACCESSIBILITY" SHALL MEAN PROJECTS REGARDING ELEVATORS, ESCALATORS, OR OTHER PROJECTS RELATED TO COMPLIANCE WITH THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED, AND CORRESPONDING GUIDELINES, AND "RESILIENCY" SHALL HAVE THE SAME MEANING AS DEFINED BY THE AUTHORITY IN ITS TWENTY-YEAR NEEDS ASSESSMENT AS REQUIRED BY SUBDIVISION C OF SECTION TWELVE HUNDRED SIXTY-NINE-C OF THIS TITLE. S. 4008--C 40 A. 3008--C § 2. Section 1276-b of the public authorities law is amended by adding two new subdivisions 6 and 7 to read as follows: 6. THE AUTHORITY SHALL PUBLISH ALL DATA PERTAINING TO EACH AUTHORITY'S BUDGET AND FINANCIAL PLANS AS REQUIRED BY THIS SECTION IN A COMMON, MACHINE READABLE FORMAT ON THE AUTHORITY'S WEBSITE AS DEFINED BY EXECU- TIVE ORDER NUMBER NINETY-FIVE OF TWO THOUSAND THIRTEEN, "USING TECHNOLO- GY TO PROMOTE TRANSPARENCY, IMPROVE GOVERNMENT PERFORMANCE AND ENHANCE CITIZEN ENGAGEMENT" OR ANY SUCCESSOR ORDER. SUCH DATA SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) ESTIMATES OF PROJECTED OPERATING REVENUES AND EXPENSES, INCLUDING MONTHLY PROJECTIONS FOR THE CURRENT FISCAL YEAR OF ALL REVENUES AND EXPENSES; (B) QUARTERLY REVENUE AND EXPENSE TARGETS; (C) STAFFING FOR THE AUTHORITY AND EACH OF ITS AGENCIES; (D) A COMPARISON OF ACTUAL REVENUES AND EXPENSES, ACTUAL STAFFING AND ACTUAL UTILIZATION TO PLANNED OR PROJECTED LEVELS FOR EACH OF THE AUTHORITY'S AGENCIES THAT OPERATE TRANSPORTATION SYSTEMS; (E) THE STATUS OF EACH GAP-CLOSING INITIATIVE WITH A PROJECTED VALUE GREATER THAN ONE MILLION DOLLARS IN ANY GIVEN FISCAL YEAR; AND (F) THE STATUS OF CAPITAL PROJECTS BY CAPITAL ELEMENT, INCLUDING BUT NOT LIMITED TO COMMITMENTS, EXPENDITURES AND COMPLETIONS; AND MATERIAL VARIANCES FROM THE PLAN, COST OVERRUNS AND DELAYS. 7. THE DATA REQUIRED TO BE PUBLISHED PURSUANT TO THIS SECTION SHALL BE MADE IN A SINGLE TABULAR DATA FILE IN A COMMON, MACHINE READABLE FORMAT AND SHALL BE ACCESSIBLE ON THE AUTHORITY'S WEBSITE AND THE WEBSITE DATA.NY.GOV OR SUCH OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE, AS DEEMED APPROPRIATE BY THE NEW YORK STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES UNDER EXECUTIVE ORDER NUMBER NINETY-FIVE OF TWO THOUSAND THIRTEEN, OR ANY SUCCESSOR AGENCY OR ORDER. § 3. Section 1279-f of the public authorities law is amended by adding two new subdivisions 4 and 5 to read as follows: 4. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL PUBLISH A REPORT DETAILING THE STEPS IT HAS TAKEN TO IMPLEMENT THE RECOMMENDATIONS OF THE AUDIT AND THE REVIEWS, AND PROVIDE ESTIMATES OF THE RECURRING AND NON-RECURRING COST SAVINGS AND EFFICIEN- CIES THAT HAVE BEEN REALIZED OR ARE ANTICIPATED FROM IMPLEMENTING SUCH RECOMMENDATIONS. THE AUTHORITY SHALL ALSO REVIEW ITS TWO THOUSAND TWENTY TO TWO THOUSAND TWENTY-FOUR CAPITAL PLAN FOR COST OVERAGES AND DUPLI- CATION AND INCLUDE ITS FINDINGS IN THE REPORT. THE AUTHORITY SHALL PUBLISH AN ADDITIONAL UPDATED REPORT NO LATER THAN JULY FIRST, TWO THOU- SAND TWENTY-FIVE. 5. TO THE EXTENT PRACTICABLE, THE FINDINGS AND RECOMMENDATIONS MADE PURSUANT TO THIS SECTION AND TO SECTION TWELVE HUNDRED SEVENTY-NINE-G OF THIS TITLE SHALL BE INCORPORATED INTO ANY TWENTY-YEAR CAPITAL NEEDS ASSESSMENT SUBMITTED PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FIVE TO THE METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL PROGRAM REVIEW BOARD PURSUANT TO SUBDIVISION C OF SECTION TWELVE HUNDRED SIXTY-NINE-C OF THIS TITLE. § 4. This act shall take effect immediately; provided, however, that section two of this act shall take effect on the one hundred eightieth day after it shall have become a law. PART DDD Section 1. The labor law is amended by adding a new article 35 to read as follows: S. 4008--C 41 A. 3008--C ARTICLE 35 NEW YORK YOUTH JOBS CONNECTOR PROGRAM SECTION 1005. ADMINISTRATION AND SERVICES. 1006. FUNDING. 1007. PUBLIC OUTREACH. 1008. ANNUAL REPORT. § 1005. ADMINISTRATION AND SERVICES. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A NEW YORK YOUTH JOBS CONNECTOR PROGRAM TO CONNECT UNEMPLOYED AND UNDEREMPLOYED INDIVIDUALS BETWEEN THE AGES OF SIXTEEN AND TWENTY-FOUR YEARS WITH TARGETED EDUCATIONAL, OCCUPATIONAL, AND TRAINING SERVICES TO HELP PREPARE SUCH INDIVIDUALS FOR EMPLOYMENT AND IMPROVE OPPORTUNITIES FOR SUCH INDIVIDUALS TO BECOME EMPLOYED. THE NEW YORK YOUTH JOBS CONNECTOR PROGRAM SHALL BE RESPONSIBLE FOR FACILITATING THE COORDINATION AND DELIVERY OF EXISTING PROGRAMS AND RESOURCES THROUGHOUT THE STATE WHICH ARE DESIGNED TO ASSIST INDIVIDUALS IDENTIFIED IN THIS ARTICLE WITH OPPORTUNITIES FOR EMPLOYMENT, SKILLS DEVELOPMENT, JOB TRAINING, AND THE OTHER RELATED SERVICES DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. 2. THE DEPARTMENT SHALL COORDINATE WITH THE OFFICE OF STRATEGIC WORK- FORCE DEVELOPMENT, THE DEPARTMENT OF EDUCATION, THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARIES, AND ANY OTHER RELE- VANT AGENCY OR ENTITY, TO CARRY OUT THE PURPOSES OF THIS ARTICLE AND LEVERAGE EXISTING FUNDS AND PROGRAMS FOR UNEMPLOYED AND UNDEREMPLOYED YOUTH CONSISTENT WITH THE PURPOSES DESCRIBED HEREIN. SERVICES PROVIDED BY SUCH PROGRAMS MAY INCLUDE, BUT ARE NOT LIMITED TO, HIGH SCHOOL EQUIV- ALENCY, BASIC EDUCATION, JOB SKILLS TRAINING, ENGLISH-AS-A-SECOND LANGUAGE, JOB READINESS TRAINING, JOB PLACEMENT SERVICES, CASE MANAGE- MENT, CAREER COUNSELING AND ASSESSMENT, PRE-APPRENTICESHIPS AND APPREN- TICESHIPS, PRE-VOCATIONAL SKILLS TRAINING, EMPLOYABILITY PLANNING, SUPPORTIVE SERVICES, PROACTIVE OUTREACH TO UNEMPLOYED AND UNDEREMPLOYED YOUTHS, SKILLS AND VOCATIONAL PROGRAMS LEADING TO CAREER PATHWAYS AND GAINFUL EMPLOYMENT, AND THE DEVELOPMENT OR PROMULGATION OF OTHER RESOURCES AND PROGRAMS TO ASSIST YOUTHS BETWEEN THE AGES OF SIXTEEN AND TWENTY-FOUR YEARS, PARTICULARLY AT-RISK YOUTHS IN SUCH CATEGORY. § 1006. FUNDING. THE DEPARTMENT SHALL IDENTIFY AND LEVERAGE ANY AVAIL- ABLE FUNDS AS NECESSARY, INCLUDING ANY PRIVATE FUNDS PROVIDED FOR THE PURPOSE OF SUPPORTING THIS ARTICLE, WHICH MAY BE USED TO SUBSIDIZE THE NEW YORK YOUTH JOBS CONNECTOR PROGRAM. THE DEPARTMENT MAY FURTHER IDEN- TIFY ANY PRIVATE OR NOT-FOR-PROFIT ENTITIES WHICH CURRENTLY PROVIDE JOB PLACEMENT OR TRAINING SERVICES, OR OTHER SERVICES DESCRIBED IN SECTION ONE THOUSAND FIVE OF THIS ARTICLE, WHETHER AS THE ENTITY'S PRIMARY PURPOSE OR COINCIDENTAL TO SUCH ENTITIES' OPERATIONS. SUCH ENTITIES MAY INCLUDE, BUT NOT BE LIMITED TO, BOYS AND GIRLS CLUBS, LOCAL OR STATE- WIDE AFFILIATED YOUNG PERSONS' ORGANIZATIONS, AND EMPLOYER ASSOCIATIONS. THE DEPARTMENT MAY, TO THE EXTENT PRACTICABLE, CONTRACT WITH SUCH ENTI- TIES FOR THE EXPLICIT PURPOSE OF USING THEIR MEMBERSHIP OR STAFF TO DIRECTLY SEEK OUT AND NOTIFY UNEMPLOYED YOUTHS BETWEEN THE AGES OF SIXTEEN AND TWENTY-FOUR YEARS ABOUT THE NEW YORK YOUTH JOBS CONNECTOR PROGRAM AND THE SERVICES OFFERED THEREUNDER. § 1007. PUBLIC OUTREACH. 1. THE DEPARTMENT SHALL ENGAGE IN OUTREACH EFFORTS TO RAISE AWARENESS ABOUT THE NEW YORK YOUTH JOBS CONNECTOR PROGRAM AND THE SERVICES OFFERED THEREUNDER. SUCH OUTREACH MAY INCLUDE, BUT NOT BE LIMITED TO: S. 4008--C 42 A. 3008--C (A) BROCHURES AND POSTERS TO BE DISTRIBUTED TO SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, PUBLIC LIBRARIES, COMMUNITY COLLEGES, TRADE SCHOOLS, AGRICULTURAL AND TECHNICAL COLLEGES, AND OTHER PUBLIC INSTITUTIONS OF HIGHER EDUCATION; (B) USE OF SOCIAL MEDIA, INTERNET, RADIO, NEWSPAPERS, AND PRINT ADVER- TISING; (C) PARTICIPATION IN, OR ORGANIZATION OF PROGRAM AND JOB FAIRS; (D) POSTING EASILY ACCESSIBLE HYPERLINKS TO SUCH INFORMATION ON THE DEPARTMENT'S WEBSITE; (E) COLLABORATION WITH EMPLOYMENT AGENCIES OR UNIONS; AND (F) RECRUITMENT OF INDIVIDUALS TO SERVE AS VISIBLE PUBLIC AMBASSADORS TO PROMOTE THE PROGRAM. 2. THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, SHALL CREATE PUBLICLY ACCESSIBLE ONLINE SURVEYS TO ASSESS THE GOALS, ELIGIBILITY, AND JOB READINESS OF INDIVIDUALS SERVED BY THE PROGRAM TO MATCH SUCH INDIVIDUALS WITH A SUBSET OF RELEVANT PROGRAMS AND SERVICES FOR CONSIDERATION. SUCH SURVEYS SHALL BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT SHALL ALSO PUBLISH AN INFORMATIONAL WEBPAGE TO PROVIDE DETAILS ON THE PROGRAM AND OUTREACH EVENTS AS WELL AS INFORMATION ON AND A HYPERLINK TO THE ONLINE SURVEYS. § 1008. ANNUAL REPORT. NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, AND ANNUALLY THEREAFTER, THE COMMISSIONER SHALL PREPARE AND SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY ON THE EFFICACY AND PROGRESS MADE BY THE NEW YORK YOUTH JOBS CONNECTOR PROGRAM. IN PREPARING THE REPORT, THE COMMISSIONER MAY SEEK AND INCLUDE INPUT FROM RELEVANT STAKE- HOLDERS, INCLUDING PARTICIPATING YOUTHS, SCHOOLS, PROGRAMS, AND EMPLOY- ERS. THE REPORT SHALL ALSO INCLUDE RECOMMENDATIONS ON FURTHER IMPROVE- MENTS CONCERNING OUTREACH EFFORTS TO SPREAD AWARENESS OF THE PROGRAM. § 2. The economic development law is amended by adding a new section 100-b to read as follows: § 100-B. COMPREHENSIVE REPORT ON THE ACTIVITIES OF THE OFFICE OF STRA- TEGIC WORKFORCE DEVELOPMENT. BEGINNING ON FEBRUARY FIRST, TWO THOUSAND TWENTY-FOUR, AND EVERY FEBRUARY FIRST THEREAFTER, THE DEPARTMENT SHALL PREPARE A COMPREHENSIVE ANNUAL REPORT ON THE ACTIVITIES AND EFFICACY OF THE OFFICE OF STRATEGIC WORKFORCE DEVELOPMENT. IN PREPARING THE REPORT, THE DEPARTMENT SHALL COORDINATE WITH THE DEPARTMENT OF LABOR, THE DEPARTMENT OF EDUCATION, THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, THE OFFICE OF TEMPORARY AND DISABILITY ASSIST- ANCE, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARIES, AND ANY OTHER RELEVANT AGENCY OR ENTI- TY. SUCH REPORT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO: AGGREGATE TOTALS FOR EACH ECONOMIC DEVELOPMENT PROGRAM ADMINISTERED DIRECTLY BY THE OFFICE OF STRATEGIC WORKFORCE DEVELOPMENT, AND AGGREGATE TOTALS FOR RELATED PROGRAMS IN OTHER AGENCIES WHEREIN SUCH PROGRAM FUNDS ARE APPRO- PRIATED WITHIN THE OFFICE OF STRATEGIC WORKFORCE DEVELOPMENT, THE NUMBER OF AWARDS MADE SINCE THE LAST REPORT AS WELL AS THE NUMBER OF AWARDS MADE TO DATE, THE NUMBER OF BUSINESS PARTNERS SECURED THROUGH SUCH AWARDS, THE DOLLAR TOTAL OF SUCH AWARDS, REGIONAL DISTRIBUTION OF SUCH AWARDS, THE IDENTIFIED STATEWIDE AND REGIONAL PRIORITY SECTORS AS IDEN- TIFIED BY THE URBAN DEVELOPMENT CORPORATION WITH INPUT FROM THE REGIONAL ECONOMIC DEVELOPMENT COUNCILS INCLUDING A DESCRIPTION OF EACH SUCH SECTOR, THE NUMBER OF TRAINEES ASSISTED THROUGH SUCH AWARDS, LEVERAGED MATCHING FUNDS ASSOCIATED WITH AWARDS, PROGRAM PARTICIPATION RATES, INDUSTRY TRENDS, AND ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER. THE DEPARTMENT SHALL PROMINENTLY POST THE COMPREHENSIVE S. 4008--C 43 A. 3008--C ECONOMIC DEVELOPMENT REPORT ON ITS WEBSITE NO LATER THAN FEBRUARY FIRST OF EACH YEAR. § 3. The opening paragraph of subdivision 15 of section 21 of the labor law, as amended by chapter 40 of the laws of 2018, is amended and a new subdivision 16 is added to read as follows: Shall establish and maintain an online database to catalogue and make available information on workforce development funding programs [and may publish any analysis conducted by the department on such data]. SUCH CATALOGUE SHALL BE UPDATED NO LESS THAN ANNUALLY. For purposes of this subdivision, the term "workforce development funding program" shall mean a program that funds or provides targeted educational, occupational or training services for the purpose of effecting the employability of the participant, provides training or employment services, supports an economic development activity by enhancing the skills of the state's workforce, prepares individuals for employment, improves opportunities for individuals to become employed, or promotes understanding of the state labor force market through statistical studies, including but not limited to programs that fund or provide English as a second language and adult literacy. For each workforce development funding program, the online database shall include, but not be limited to, the following information for each funding program: 16. BEGINNING ON DECEMBER FIRST, TWO THOUSAND TWENTY-FOUR, AND EVERY DECEMBER FIRST THEREAFTER, THE DEPARTMENT SHALL PREPARE A REPORT OF THE CATALOGUE OF WORKFORCE DEVELOPMENT FUNDING PROGRAMS ESTABLISHED PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION COMPRISED OF ANALYSIS CONDUCTED BY THE AGENCY OR ENTITY RESPONSIBLE FOR EACH WORKFORCE DEVEL- OPMENT FUNDING PROGRAM ON THE OUTCOMES AND EFFECTIVENESS OF SUCH FUNDING PROGRAMS AND THE NUMBER OF PERSONS SERVED BY SUCH FUNDING. SUCH ANALYSIS MUST BE SUBMITTED TO THE DEPARTMENT BY A DATE SPECIFIED BY THE DEPARTMENT EACH YEAR. SUCH REPORT SHALL BE SUBMITTED TO THE GOVER- NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEM- BLY AND SHALL BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE. § 4. This act shall take effect immediately; provided, however, that section one of this act shall take effect on the sixtieth day after it shall have become a law. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART EEE Section 1. Section 6 of chapter 882 of the laws of 1953, constituting the waterfront commission act, is amended to read as follows: § 6. Commission established for New York state. A. Unless [and until] the STATE OF NEW JERSEY CONCURS WITH THE provisions of the compact contained in [section one] PARTS I, II AND III of this act [shall have been concurred in by the state of New Jersey], AND the consent of congress HAS BEEN given thereto[, and the commission, provided for ther- ein, established]: 1. [The] NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, THE provisions of such compact and [sections two, three, four and five] PARTS I, II AND III of this act shall apply to and be in full force and effect within the state of New York, except as limited by this section, and any violation of such compact or section shall be a violation of the S. 4008--C 44 A. 3008--C laws of the state of New York, provided, however, that (with respect to the definitions contained in such compact): (a) "The port of New York district" shall mean only that portion of the district within the state of New York; (b) The "commission", hereinafter referred to in this section as the "New York commission", shall mean and consist of the member appointed by the governor of this state by and with the advice and consent of the senate, and [he] SUCH MEMBER shall possess and exercise all the powers and duties of the commission set forth in [section one] PARTS I, II AND III of this act and any other powers and duties conferred herein; (c) The powers and duties of any other officer or agency of this state prescribed by [section one or otherwise by] PARTS I, II AND III OF this act shall be effective as if the provisions of the compact were effec- tive as a law of this state; and (d) The New York commission shall not be deemed to be a body corporate and politic and shall be in the executive department of this state AND MAY REQUEST, RECEIVE, AND UTILIZE FACILITIES, RESOURCES AND DATA OF ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF AS IT MAY REASONABLY REQUEST TO CARRY OUT PROPERLY ITS POWERS AND DUTIES PURSUANT TO THIS SECTION; AND (E) A COMMISSIONER SERVING ON THE WATERFRONT COMMISSION OF NEW YORK HARBOR WHO WAS APPOINTED BY THE GOVERNOR OF NEW YORK TO SUCH POSITION, MAY SERVE AS ACTING COMMISSIONER OF THE NEW YORK COMMISSION UNTIL SUCH TIME AS A COMMISSIONER IS APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, PURSUANT TO THIS SUBDIVISION. 2. The New York commission is authorized to cooperate with a similar [commission of] ENTITY ESTABLISHED IN the state of New Jersey, to exchange information on any matter pertinent to the purposes of this act, and to enter into reciprocal agreements for the accomplishment of such purposes, including but not limited to the following objectives: (a) To provide for the reciprocal recognition of any license issued or registration made by either commission; (b) To give reciprocal effect to any revocation, suspension or repri- mand with respect to any licensee, and any reprimand or removal from a longshoremen's register; (c) To provide that any act or omission by a licensee or registrant in either state which would be a basis for disciplinary action against such licensee or registrant if it occurred in the state in which the license was issued or the person registered shall be the basis for disciplinary action in both states; (d) To provide that longshoremen registered in either state, who perform work or who apply for work at an employment information center within the other state shall be deemed to have performed work or to have applied for work in the state in which they are registered. 3. Notwithstanding any other provision of law, the officers, employees and agents of the commission established by this section may be appointed or employed without regard to their state of residence. Such commission may appoint or employ the same person to a similar office or employment in this state as [he] SUCH PERSON holds in a similar [commis- sion or agency of] ENTITY ESTABLISHED IN the state of New Jersey. B. Notwithstanding any other provision of this act, for the purpose of providing for the commission's expenses of administration [during the remainder of the calendar year following the effective date of this act, and] until June thirtieth, [nineteen hundred fifty-four] TWO THOUSAND TWENTY-FOUR the assessment for such expense shall be at the rate [of one S. 4008--C 45 A. 3008--C and one-half per cent] SET BY THE NEW YORK COMMISSION, NOT TO EXCEED THE AVERAGE RATE OF ASSESSMENT BY THE WATERFRONT COMMISSION OF NEW YORK HARBOR, OVER THE TIME PERIOD FROM TWO THOUSAND SIXTEEN UNTIL TWO THOU- SAND TWENTY-THREE. Such assessment shall be made, collected and enforced in accordance with [article thirteen of the compact and section two] PARTS I, II AND III of this act. C. NOTHING IN THIS SECTION SHALL BE READ TO CONFER ANY POWERS TO THE GOVERNOR OR LEGISLATURE OF THE STATE OF NEW JERSEY ON A NEW YORK COMMIS- SION ESTABLISHED UNDER PARAGRAPH ONE OF SUBDIVISION A OF THIS SECTION. REFERENCES IN PARTS I, II AND III OF THIS ACT TO THE LEGISLATURES OF NEW YORK AND NEW JERSEY SHALL MEAN ONLY THE LEGISLATURE OF NEW YORK, AND REFERENCES TO THE GOVERNORS OF NEW YORK AND NEW JERSEY SHALL MEAN ONLY THE GOVERNOR OF NEW YORK, AS THOSE POWERS RELATE TO A NEW YORK COMMIS- SION, OPERATING SOLELY WITHIN THE STATE OF NEW YORK. D. NO PROVISION SHALL BE APPLIED TO THE NEW YORK COMMISSION UNDER THIS SECTION UNLESS SUCH PROVISION SHALL HAVE BEEN PREVIOUSLY ADOPTED BY NEW YORK AND NEW JERSEY, WITH THE CONSENT OF CONGRESS, AND APPLIED TO THE WATERFRONT COMMISSION OF NEW YORK HARBOR BETWEEN JANUARY FIRST, NINETEEN HUNDRED FIFTY-FOUR, AND APRIL THIRTIETH, TWO THOUSAND TWENTY-THREE. E. ALL RULES AND REGULATIONS OF THE WATERFRONT COMMISSION OF NEW YORK HARBOR, ESTABLISHED BY THE STATE OF NEW YORK AND BY THE STATE OF NEW JERSEY SHALL CONTINUE IN EFFECT AS THE RULES AND REGULATIONS OF THE NEW YORK COMMISSION UNTIL AMENDED, SUPPLEMENTED, OR RESCINDED BY THE NEW YORK COMMISSION PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT. PREVIOUSLY PROMULGATED REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THIS ACT SHALL BE DEEMED VOID. § 2. This act shall take effect immediately, and shall expire June 30, 2024 when upon such date the provisions of this act shall be deemed repealed. PART FFF Section 1. Section 312-a of the executive law, as amended by chapter 96 of the laws of 2019, is amended to read as follows: § 312-a. Study of minority and women-owned business enterprises. 1. The director of the division of minority and women-owned business devel- opment is authorized and directed to recommission a statewide disparity study regarding the participation of minority and women-owned business enterprises in state contracts since the amendment of this article to be delivered to the governor and legislature no later than August fifteenth, two thousand [twenty-three] TWENTY-FOUR. The study shall be prepared by an entity independent of the department and selected through a request for proposal process. The purpose of such study is: (a) to determine whether there is a disparity between the number of qualified minority and women-owned businesses ready, willing and able to perform state contracts for commodities, services and construction, and the number of such contractors actually engaged to perform such contracts, and to determine what changes, if any, should be made to state policies affecting minority and women-owned business enterprises; (b) to determine whether there is a disparity between the number of qualified minorities and women ready, willing and able, with respect to labor markets, qualifications and other relevant factors, to participate in contractor employment, management level bodies, including boards of directors, and as senior executive officers within contracting entities and the number of such group members actually employed or affiliated with state contractors in the aforementioned capacities, and to deter- S. 4008--C 46 A. 3008--C mine what changes, if any, should be made to state policies affecting minority and women group populations with regard to state contractors' employment and appointment practices relative to diverse group members. Such study shall include, but not be limited to, an analysis of the history of minority and women-owned business enterprise programs and their effectiveness as a means of securing and ensuring participation by minorities and women, and a disparity analysis by market area and region of the state. Such study shall distinguish between minority males, minority females and non-minority females in the statistical analysis; and (c) such study shall also include an analysis of the utilization on state agency contracts of businesses owned by an Indian nation or tribe, as such term is defined in section two of the Indian law, whether a disparity exists between availability of such businesses to participate on state agency contracts and utilization, and, if so, the feasibility of authorizing an Indian nation or tribe owned businesses to become certified as a participant in the minority and women-owned business enterprise program. 2. The director of the division of minority and women's business development is directed to transmit the disparity study to the governor and the legislature not later than August fifteenth, two thousand [twen- ty-three] TWENTY-FOUR, and to post the study on the website of the department of economic development. § 2. This act shall take effect immediately; provided, however, that the amendments to section 312-a of the executive law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART GGG Section 1. Subdivision 1 of section 211 of the economic development law, as added by chapter 398 of the laws of 2018, is amended to read as follows: 1. The department shall establish and support, within available appro- priations, entrepreneurship assistance centers at career education agen- cies, MUNICIPAL AGENCIES, and not-for-profit corporations including, but not limited to, local development corporations, chambers of commerce, community-based business outreach centers and other community-based organizations. The purpose of such centers shall be to train minority group members, women, individuals with a disability, dislocated workers and veterans in the principles and practice of entrepreneurship in order to prepare such persons to pursue self-employment opportunities and to pursue a DESIGNATION AS A minority business enterprise or a women-owned business enterprise. Such centers shall provide for training in all aspects of business development and small business management as defined by the commissioner. For purposes of this section, "career education agency" shall mean a community college or board of cooperative educa- tional services operating within the state. § 2. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new section 16-hh to read as follows: § 16-HH. SMALL BUSINESS AND ENTREPRENEURS GRANT PROGRAM. 1. THE CORPO- RATION SHALL ESTABLISH AND SUPPORT, WITHIN AVAILABLE APPROPRIATIONS, THE SMALL BUSINESS AND ENTREPRENEURS GRANT PROGRAM, AS A TWO-YEAR PILOT INITIATIVE OF THE CORPORATION, TO AWARD GRANTS OF UP TO TWENTY-FIVE THOUSAND DOLLARS, BUT NO LESS THAN FIVE THOUSAND DOLLARS, TO ENTREPRE- S. 4008--C 47 A. 3008--C NEURS AND SMALL BUSINESS OWNERS TO COVER START UP COSTS OF A NEW SMALL BUSINESS, OR TO SUPPORT OR EXPAND AN EXISTING SMALL BUSINESS IN NEW YORK STATE. THE CORPORATION SHALL ESTABLISH CRITERIA FOR SELECTION AND DESIG- NATION OF AWARDEES WHICH SHALL INCLUDE, WITHOUT LIMITATION, THE FOLLOW- ING REQUIREMENTS: (A) ANY APPLICANT FOR A GRANT UNDER THIS PROGRAM SHALL HAVE SUCCESS- FULLY COMPLETED A TRAINING PROGRAM AT AN ENTREPRENEURSHIP ASSISTANCE CENTER ESTABLISHED PURSUANT TO SECTION 211 OF THE ECONOMIC DEVELOPMENT LAW; (B) AN ENTREPRENEUR OR SMALL BUSINESS OWNER SHALL NOT BE ELIGIBLE FOR MORE THAN ONE AWARD UNDER THIS PROGRAM FOR THE SAME SMALL BUSINESS; AND (C) THE RECIPIENT OF THE GRANT SHALL AGREE TO MAINTAIN THE OPERATIONS OF THE SMALL BUSINESS FOR WHICH THE GRANT WAS APPROVED PHYSICALLY LOCATED IN THE STATE FOR AT LEAST TWO YEARS AFTER RECEIPT OF THE GRANT, TO THE EXTENT THE BUSINESS REMAINS OPERATIONAL. PROVIDED HOWEVER THAT IF WITHIN TWO YEARS OF RECEIVING THE GRANT, SUCH BUSINESS IS FOUND TO HAVE MOVED ITS OPERATIONS OUTSIDE THE STATE, THE DEPARTMENT MAY SEEK TO RECAPTURE THE FUNDS OR A PORTION THEREOF. 2. THE CORPORATION MAY PROMULGATE GUIDELINES NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION INCLUDING, BUT NOT LIMITED TO, GUIDELINES SETTING FORTH PROCEDURES FOR SUBMISSION AND PROCESSING OF GRANT APPLICA- TIONS. § 3. This act shall take effect on the sixtieth day after it shall have become a law and shall expire 2 years after such effective date when upon such date the provisions of this act shall be deemed repealed. PART HHH Section 1. Notwithstanding any provision of law to the contrary, for the purposes of the site preparation credit component of the brownfield redevelopment tax credit pursuant to section 21 of the tax law, as added by chapter 1 of the laws of 2003, a taxpayer can claim a site prepara- tion credit with respect to a site's qualification for a certificate of completion in the taxable year following the taxable year where the certificate of completion was issued by the commissioner of environ- mental conservation pursuant to section 27-1419 of the environmental conservation law, where the taxpayer did not own the qualified site during the taxable year in which the certificate of completion was issued, but became the owner of the qualified site and paid the site preparation costs relevant to the credit claim in the taxable year after the certificate of completion was issued. § 2. A taxpayer that pays site preparation costs for the qualified site cannot claim a site preparation credit if the taxpayer has been identified by the administrator of the New York environmental protection and spill compensation fund as a person responsible for the cleanup and removal costs for the discharge of petroleum at or emanating from the qualified site where it has not resolved an outstanding claim at such site pursuant to article twelve of the navigation law or if the taxpayer has been identified by the department of environmental conservation as a responsible party for the disposal of hazardous waste at the qualified site. § 3. This act shall take effect immediately and shall apply to site preparation credit components of brownfield redevelopment tax credit claims filed for taxable years beginning on or after January 1, 2014 and before January 1, 2023. S. 4008--C 48 A. 3008--C PART III Section 1. Section 912 of the general municipal law, as added by chap- ter 390 of the laws of 1972, is amended to read as follows: § 912. Orange county industrial development agency. 1. For the benefit of the county of Orange and the inhabitants thereof, an industrial development agency, to be known as the ORANGE COUNTY INDUSTRIAL DEVELOP- MENT AGENCY, is hereby established for the accomplishment of any or all of the purposes specified in title one of THIS article [eighteen-A of this chapter]. It shall constitute a body corporate and politic, and be perpetual in duration. It shall have the powers and duties now or here- after conferred by title one of THIS article [eighteen-A of this chap- ter] upon industrial development agencies. It shall be organized in a manner prescribed by and be subject to the provisions of title one of THIS article [eighteen-A of this chapter]. Its members shall be appointed by the governing body of the county of Orange. The agency, its members, officers and employees and its operations and activities shall in all respects be governed by the provisions of title one of THIS arti- cle [eighteen-A of this chapter]. 2. FOR PURPOSES OF THIS SECTION, "FINANCIAL ASSISTANCE" SHALL MEAN ANY FINANCIAL ASSISTANCE OFFERED BY THE ORANGE COUNTY INDUSTRIAL DEVEL- OPMENT AGENCY FOR ANY PROJECT, INCLUDING BUT NOT LIMITED TO, A PAYMENT IN LIEU OF TAXES AGREEMENT, AN AGREEMENT TO WAIVE SALES TAX, OR AN AGREEMENT TO WAIVE MORTGAGE RECORDING TAXES. 3. (A) IN ACCORDANCE WITH THE POWERS OF THE OFFICE OF THE STATE INSPECTOR GENERAL ESTABLISHED BY SUBDIVISION EIGHT OF SECTION FIFTY-FOUR OF THE EXECUTIVE LAW, THE STATE INSPECTOR GENERAL SHALL APPOINT AN INDE- PENDENT MONITOR TO CARRY OUT THE PROVISIONS OF THIS SECTION INCLUDING BUT NOT LIMITED TO PROVIDING GUIDANCE AND TECHNICAL ASSISTANCE RELATED TO THE POLICIES, PRACTICES, PROGRAMS AND DECISIONS OF THE ORANGE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, INCLUDING BUT NOT LIMITED TO DECISIONS, ACTIONS AND POLICIES RELATED TO CONTRACTS AND FINANCIAL ASSISTANCE AGREEMENTS. THE STATE INSPECTOR GENERAL SHALL APPOINT SUCH MONITOR WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION OR AS SOON THEREAFTER AS IS PRACTICABLE. AFTER SUCH APPOINTMENT, THE INSPECTOR GENERAL MAY ONLY REMOVE THE MONITOR FOR VIOLATIONS OF LAW. (B) THE REASONABLE AND NECESSARY EXPENSES INCURRED BY THE MONITOR WHILE PERFORMING HIS OR HER OFFICIAL DUTIES SHALL BE PAID BY THE INDUS- TRIAL DEVELOPMENT AGENCY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHILE ACTING WITHIN THE SCOPE OF HIS OR HER AUTHORITY, THE MONITOR SHALL NOT BE SUBJECT TO ANY LIABILITY RESULTING FROM CARRYING OUT ANY OF THE POWERS EXPRESSLY GIVEN IN THIS SECTION, AND THE MONITOR SHALL BE ENTI- TLED TO DEFENSE AND INDEMNIFICATION BY THE INDUSTRIAL DEVELOPMENT AGEN- CY. (C) THE MONITOR SHALL BE ENTITLED TO ATTEND ALL MEETINGS OF THE INDUS- TRIAL DEVELOPMENT AGENCY, INCLUDING EXECUTIVE SESSIONS; PROVIDED HOWEV- ER, SUCH MONITOR SHALL NOT BE CONSIDERED FOR PURPOSES OF ESTABLISHING A QUORUM OF THE BOARD, PROVIDED FURTHER THAT THE MONITOR MAY BE EXCUSED FROM EXECUTIVE SESSIONS WHEN PROPOSED, PENDING OR CURRENT LITIGATION INVOLVING THE MONITOR OR THE OFFICE OF THE STATE INSPECTOR GENERAL ARE BEING DISCUSSED. THE INDUSTRIAL DEVELOPMENT AGENCY SHALL COOPERATE WITH ANY MONITOR WITH ACCESS, WITHIN FORTY-EIGHT HOURS OF SUCH REQUEST FROM THE MONITOR, TO ANY NECESSARY DOCUMENTS AND RECORDS OF THE INDUSTRIAL DEVELOPMENT AGENCY INCLUDING BUT NOT LIMITED TO DATABASES AND PLANNING DOCUMENTS, FINANCIAL ASSISTANCE AGREEMENTS, AND CONTRACTS CONSISTENT WITH ALL APPLICABLE STATE AND FEDERAL STATUTES. THE MONITOR SHALL S. 4008--C 49 A. 3008--C PROVIDE A COPY OF SUCH REQUEST FOR ANY DOCUMENT OR RECORD TO THE INDUS- TRIAL DEVELOPMENT AGENCY BOARD. (D) THE BOARD SHALL PROVIDE THE MONITOR WITH COPIES OF ANY MEETING AGENDAS AND ALL RESOLUTIONS AND MOTIONS ON SUCH AGENDA FOR EACH BOARD MEETING NO LATER THAN SEVENTY-TWO HOURS PRIOR TO SUCH BOARD MEETING. IF A PROPOSED RESOLUTION OR MOTION IS FOR THE PURPOSE OF APPROVING A CONTRACT OR ANY FINANCIAL ASSISTANCE FOR A PROJECT, THE BOARD CLERK SHALL PROVIDE THE MONITOR WITH COPIES OF THE PROPOSED CONTRACT OR FINAN- CIAL ASSISTANCE LANGUAGE AT LEAST SEVEN DAYS PRIOR TO SUCH MEETING. (E) IN THE EVENT THE MONITOR IS NOT PROVIDED WITH COPIES OF PROPOSED RESOLUTIONS OR MOTIONS SEVENTY-TWO HOURS PRIOR TO A BOARD MEETING OR IN THE CASE OF A PROPOSED MOTION OR RESOLUTION FOR THE PURPOSE OF APPROVING A CONTRACT OR FINANCIAL ASSISTANCE, SEVEN DAYS PRIOR TO THE NEXT BOARD MEETING, THE MONITOR MAY, AT THEIR DISCRETION, REMOVE AN ITEM INCLUDING BOARD RESOLUTIONS OR MOTIONS, FROM CONSIDERATION BY THE BOARD AT SUCH MEETING. UPON FAILURE OF THE BOARD TO PROVIDE PROPOSED RESOLUTIONS OR MOTIONS AS REQUIRED BY THIS SECTION, THE MONITOR SHALL PROVIDE NOTICE OF FAILURE TO THE BOARD. AN ITEM REMOVED FROM CONSIDERATION BY THE MONITOR MAY NOT BE RECONSIDERED BY THE BOARD UNTIL THE NEXT BOARD MEETING. (F) THE MONITOR SHALL HAVE THE POWER TO REVIEW ANY MODIFICATION TO THE INDUSTRIAL DEVELOPMENT AGENCY'S UNIFORM TAX EXEMPTION POLICY REQUIRED BY SECTION EIGHT HUNDRED SEVENTY-FOUR OF THIS ARTICLE, CONTRACT OR FINAN- CIAL ASSISTANCE PROPOSED FOR CONSIDERATION BY THE INDUSTRIAL DEVELOPMENT AGENCY PROPOSED BY THE BOARD ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION; PROVIDED HOWEVER, THAT ALL SUCH PROPOSED MODIFICATIONS TO THE INDUSTRIAL DEVELOPMENT AGENCY'S UNIFORM TAX EXEMPTION POLICY REQUIRED BY SECTION EIGHT HUNDRED SEVENTY-FOUR OF THIS ARTICLE, CONTRACTS OR AGREEMENTS SHALL BE PROVIDED BY THE INDUSTRIAL DEVELOPMENT AGENCY BOARD TO THE MONITOR AT LEAST SEVEN DAYS PRIOR TO ADOPTION. (I) AT LEAST SEVENTY-TWO HOURS PRIOR TO ADOPTION BY THE BOARD, THE MONITOR SHALL ADVISE THE BOARD OR EMPLOYEES OF THE INDUSTRIAL DEVELOP- MENT AGENCY, IN WRITING, OF THE EXISTENCE OF VIOLATIONS OF THE INDUS- TRIAL DEVELOPMENT AGENCY'S UNIFORM TAX EXEMPTION POLICY REQUIRED BY SECTION EIGHT HUNDRED SEVENTY-FOUR OF THIS ARTICLE, ACTUAL OR POTENTIAL CONFLICTS OF INTEREST, OR VIOLATIONS OF LAW ARISING FROM A PROPOSED CONTRACT OR FINANCIAL ASSISTANCE AGREEMENT THAT THE INDUSTRIAL DEVELOP- MENT AGENCY SHALL CONSIDER BEFORE ENTERING INTO ANY SUCH CONTRACT OR AGREEMENT. (II) THE BOARD SHALL DOCUMENT FOR ITS OWN RECORDS THE EXISTENCE AND RESOLUTION OF ANY ACTUAL OR POTENTIAL CONFLICT OF INTEREST OR OTHER VIOLATION IDENTIFIED BY THE MONITOR. (III) NO SUCH CONTRACT OR AGREEMENT MAY BE APPROVED OR ENTERED INTO BY THE INDUSTRIAL DEVELOPMENT AGENCY UNLESS SUCH ACTUAL OR POTENTIAL CONFLICT OF INTEREST OR VIOLATION HAS BEEN RESOLVED TO THE SATISFACTION OF THE MONITOR. (IV) AT LEAST SEVENTY-TWO HOURS PRIOR TO ADOPTION BY THE BOARD, THE MONITOR SHALL ADVISE THE BOARD OR EMPLOYEES, IN WRITING, OF ITS DISAP- PROVAL OF ANY CHANGES TO THE INDUSTRIAL DEVELOPMENT AGENCY'S UNIFORM TAX EXEMPTION POLICY; PROVIDED ADDITIONALLY, THAT WITHIN THIRTY DAYS AFTER THEIR APPOINTMENT, THE MONITOR SHALL ADVISE SUCH BOARD OR EMPLOYEES, IN WRITING, OF ITS DISAPPROVAL OF ANY CHANGES TO THE INDUSTRIAL DEVELOPMENT AGENCY'S UNIFORM TAX EXEMPTION POLICY MADE BY THE BOARD THAT WERE MADE ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION UNTIL SUCH MONITOR'S APPOINTMENT. ANY SUCH CHANGE TO THE UNIFORM TAX EXEMPTION POLICY DISAP- PROVED BY THE MONITOR SHALL NOT BE EFFECTIVE, AND MAY NOT BE RECONSID- ERED BY THE BOARD FOR AT LEAST TEN DAYS OR UNTIL THE NEXT BOARD MEETING; S. 4008--C 50 A. 3008--C PROVIDED, HOWEVER, THAT ANY CHANGE TO THE UNIFORM TAX EXEMPTION POLICY THAT WAS MADE BY THE BOARD ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDI- VISION UNTIL SUCH MONITOR'S APPOINTMENT THAT IS DISAPPROVED BY THE MONI- TOR SHALL NOT AFFECT THE VALIDITY OF ANY PRIOR AGREEMENT ENTERED INTO PRIOR TO THE MONITOR'S APPOINTMENT. (V) AT LEAST SEVENTY-TWO HOURS PRIOR TO ADOPTION BY THE BOARD, THE MONITOR SHALL ADVISE THE BOARD OR EMPLOYEES, IN WRITING, OF ITS DISAP- PROVAL OF ANY PROPOSED CONTRACT OR AGREEMENT WITH A PROJECT APPLYING FOR FINANCIAL ASSISTANCE THAT WOULD PERMIT A DEVIATION FROM THE INDUSTRIAL DEVELOPMENT AGENCY'S UNIFORM TAX EXEMPTION POLICY REQUIRED BY SECTION EIGHT HUNDRED SEVENTY-FOUR OF THIS ARTICLE. ANY SUCH PROPOSED CONTRACT OR FINANCIAL ASSISTANCE AGREEMENT THAT WOULD PERMIT A DEVIATION FROM SUCH POLICY SHALL NOT BE EFFECTIVE, AND MAY NOT BE RECONSIDERED BY THE BOARD FOR AT LEAST TEN DAYS OR UNTIL THE NEXT BOARD MEETING. (VI) THE MONITOR SHALL HAVE SEVENTY-TWO HOURS AFTER ANY CONTRACT OR FINANCIAL ASSISTANCE IS APPROVED TO REVIEW SUCH FINANCIAL ASSISTANCE OR CONTRACT, AND IF A VIOLATION OF POLICY RELATED TO THE INDUSTRIAL DEVEL- OPMENT AGENCY'S UNIFORM TAX EXEMPTION POLICY REQUIRED BY SECTION EIGHT HUNDRED SEVENTY-FOUR OF THIS ARTICLE, A CONFLICT OF INTEREST, OR A VIOLATION OF LAW IS IDENTIFIED DURING SUCH TIME PERIOD, THE MONITOR SHALL NOTIFY THE INDUSTRIAL DEVELOPMENT AGENCY IN WRITING. ANY SUCH CONTRACT OR FINANCIAL ASSISTANCE SO IDENTIFIED BY THE MONITOR SHALL NOT BE LEGALLY BINDING OR EFFECTIVE, AND MAY NOT BE RECONSIDERED BY THE BOARD FOR AT LEAST TEN DAYS OR UNTIL THE NEXT BOARD MEETING. (G) THE BOARD, IN CONSULTATION WITH THE MONITOR, SHALL ADOPT A CONFLICT OF INTEREST POLICY, OR REVISE AN EXISTING CONFLICT OF INTEREST POLICY, THAT COMPLIES WITH ALL EXISTING APPLICABLE LAWS, RULES AND REGU- LATIONS, INCLUDING ARTICLE EIGHTEEN OF THIS CHAPTER. THE CONFLICT OF INTEREST POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) A DEFINITION OF THE CIRCUMSTANCES THAT CONSTITUTE A CONFLICT OF INTEREST; (II) PROCEDURES FOR IDENTIFYING, DISCLOSING AND RESOLVING A CONFLICT OF INTEREST TO THE BOARD; (III) A REQUIREMENT THAT THE PERSON WITH THE CONFLICT OF INTEREST NOT BE PRESENT AT OR PARTICIPATE IN BOARD DELIBERATIONS OR VOTES ON THE MATTER GIVING RISE TO SUCH CONFLICT, PROVIDED THAT NOTHING IN THIS PARA- GRAPH SHALL PROHIBIT THE BOARD FROM REQUESTING THAT THE PERSON WITH THE CONFLICT OF INTEREST PRESENT INFORMATION AS BACKGROUND OR ANSWER QUES- TIONS AT A BOARD MEETING PRIOR TO THE COMMENCEMENT OF DELIBERATIONS OR VOTING THERETO; (IV) A PROHIBITION AGAINST ANY ATTEMPT BY THE PERSON WITH THE CONFLICT TO INFLUENCE IMPROPERLY THE DELIBERATION OR VOTING ON THE MATTER GIVING RISE TO SUCH CONFLICT; (V) COMPLIANCE WITH ALL APPLICABLE STATE LAWS AND REGULATIONS; AND (VI) A REQUIREMENT THAT THE EXISTENCE AND RESOLUTION OF THE CONFLICT BE DOCUMENTED IN THE BOARD'S RECORDS, INCLUDING IN THE MINUTES OF ANY MEETING AT WHICH THE CONFLICT WAS DISCUSSED OR VOTED UPON. (H) THE MONITOR MAY ADVISE THE BOARD AND ANY INDUSTRIAL DEVELOPMENT AGENCY OFFICERS, EMPLOYEES OR AGENTS TO UNDERGO ANY TRAINING AS DEEMED NECESSARY. 4. THE MONITOR SHALL UNDERTAKE AN ENHANCED REVIEW OF THE BUDGET DECI- SIONS AND FINANCIAL ASSISTANCE AGREEMENTS OF THE INDUSTRIAL DEVELOPMENT AGENCY. (A) THE BOARD SHALL ANNUALLY SUBMIT THE INDUSTRIAL DEVELOPMENT AGEN- CY'S PROPOSED BUDGET FOR THE NEXT SUCCEEDING FISCAL YEAR TO THE MONITOR NO LATER THAN FORTY-FIVE DAYS PRIOR TO ITS ADOPTION. THE MONITOR SHALL S. 4008--C 51 A. 3008--C REVIEW THE BUDGET TO ENSURE THAT IT, TO THE GREATEST EXTENT POSSIBLE, IS CONSISTENT WITH PURPOSES AND NECESSARY ACTIVITIES OF THE ORANGE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, AND THAT IT DOES NOT SUBSTANTIALLY CONFLICT WITH THE LONG TERM ECONOMIC INTERESTS OF ORANGE COUNTY AND ITS CONSTITUENTS. (B) THE BOARD SHALL PROVIDE QUARTERLY REPORTS TO THE MONITOR AND ANNU- AL REPORTS TO THE STATE INSPECTOR GENERAL ON THE OPERATIONAL STATUS OF THE INDUSTRIAL DEVELOPMENT AGENCY. IN ADDITION, THE MONITOR SHALL PROVIDE SEMI-ANNUAL REPORTS TO THE STATE INSPECTOR GENERAL, THE GOVER- NOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY ON THE FISCAL AND OPERATIONAL STATUS OF THE INDUSTRIAL DEVELOP- MENT AGENCY. SUCH SEMI-ANNUAL REPORT SHALL INCLUDE A SUMMARY OF ALL THE CONTRACTS THAT THE BOARD ENTERED INTO THROUGHOUT THE YEAR. ALL REPORTS SHALL BE SUBJECT TO REVIEW BY THE COMPTROLLER. (C) THE MONITOR SHALL ADVISE THE BOARD IN THE DEVELOPMENT AND REVISION OF THE INDUSTRIAL DEVELOPMENT AGENCY'S GOALS, IMPLEMENTATION OF ITS PRIORITIES AND BUDGETARY RECOMMENDATIONS. (D) THE MONITOR MAY RECOMMEND, AND THE BOARD MAY CONSIDER BY VOTE OF A RESOLUTION AT THE NEXT SCHEDULED MEETING OF THE BOARD, COST SAVING MEAS- URES INCLUDING, BUT NOT LIMITED TO, SHARED SERVICE AGREEMENTS. 5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE THE DUTIES AND RESPONSIBILITIES OF THE BOARD CONSISTENT WITH APPLICABLE STATE LAW AND REGULATIONS. § 2. Section 54 of the executive law is amended by adding a new subdi- vision 8 to read as follows: 8. APPOINT AN INDEPENDENT MONITOR TO PROVIDE GUIDANCE AND TECHNICAL ASSISTANCE RELATED TO THE POLICIES, PRACTICES, PROGRAMS AND DECISIONS OF THE ORANGE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, AS AUTHORIZED IN SUBDI- VISIONS TWO, THREE, FOUR AND FIVE OF SECTION NINE HUNDRED TWELVE OF THE GENERAL MUNICIPAL LAW. § 3. This act shall take effect immediately; provided however, that subdivisions two, three, four and five of section 912 of the general municipal law, as added by section one of this act, and subdivision 8 of section 54 of the executive law, as added by section two of this act, shall expire and be deemed repealed three years after such effective date. § 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 III of this act shall be as specifically set forth in the last section of such Parts.
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