Assembly Bill A10008C

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 9008                                                 A. 10008
 
                       S E N A T E - A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 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 part U1 of chapter 62 of the laws of 2003, amending the
   vehicle and traffic law and other laws relating to increasing  certain
   motor vehicle transaction fees, in relation to the effectiveness ther-
   eof;  and  to amend part B of chapter 84 of the laws of 2002, amending
   the state finance law relating to the costs of the department of motor
   vehicles, in relation to the effectiveness thereof (Part A); to  amend
   chapter  751  of  the laws of 2005, amending the insurance law and the
   vehicle  and  traffic  law  relating  to  establishing  the   accident
   prevention  course  internet  technology pilot program, in relation to
   the effectiveness thereof (Part B); to amend the vehicle  and  traffic
   law  in  relation  to requiring the completion of the motorcycle rider
   safety course to obtain a motorcycle license (Part C);  to  amend  the
   vehicle  and  traffic law, in relation to establishing a pilot program
   requiring the installation of intelligent speed assistance devices for
   repeated violations of maximum speed limits  in  New  York  City;  and
   providing  for  the  repeal of such provisions upon expiration thereof
   (Part D); to amend the vehicle and traffic law, in relation to  allow-
   ing  for-hire  autonomous  vehicles outside of New York City; 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 effec-
   tiveness  thereof  (Part  E);  to  amend the penal law, in relation to
   penalties for violence against highway workers; and to amend the vehi-
   cle and traffic law, in relation to  license  suspension  for  certain
   crimes  against  highway  workers  and  establishing new penalties for
   intrusion into an active work zone (Part F); to amend the vehicle  and
   traffic  law,  in  relation to expanding the automated work zone speed
   enforcement program to include additional New York roadways (Part  G);
   to  amend  part  PP  of  chapter  54 of the laws of 2016, amending the
   public authorities law and the general municipal law relating  to  the
   New York transit authority and the metropolitan transportation author-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12673-01-6
 S. 9008                             2                           A. 10008
 
   ity,  in  relation  to extending provisions of law relating to certain
   tax increment financing provisions (Part H); authorizing the Metropol-
   itan Transportation Authority to conduct environmental  reviews  under
   the State Environmental Quality Review Act for the crosstown extension
   of  the  Second Avenue Subway project in two stages (Part I); to amend
   the agriculture and markets law, in relation to  dairy  promotion  and
   marketing  of  agricultural  products in New York state; and to repeal
   sections 16-x, 16-y and 16-z of section 1 of chapter 174 of  the  laws
   of 1968, constituting the New York state urban development corporation
   act,  in  relation thereto (Part J); to amend the tax law, in relation
   to extending the refundability of the investment tax credit for  farm-
   ers  (Part K); to amend the public authorities law, the public service
   law and the real property law, in relation to the green jobs-green New
   York program (Part L); 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  M);  to  amend  the  public service law, in
   relation to executive compensation disclosure by gas, electric,  steam
   and  water-works  corporations  (Part  N); to amend the public service
   law, in relation to procedures for new rates or  charges  proposed  by
   utilities  (Part  O);  to amend the public service law, in relation to
   establishing an energy affordability index (Part P); to amend the real
   property law and the public service law, in  relation  to  prohibiting
   utility  service terminations in multiple dwellings (Part Q); to amend
   the environmental conservation law, in relation to reforming the state
   environmental quality review act (Part R); to amend the  environmental
   conservation  law,  in  relation  to  removing  the  statutory caps on
   rebates for certain infrastructure projects and vehicle  purchases  by
   municipalities  (Part  S);  to  amend chapter 584 of the laws of 2011,
   amending the public authorities law relating to the powers and  duties
   of  the  dormitory  authority of the state of New York relative to the
   establishment of subsidiaries for certain purposes, in relation to the
   effectiveness thereof (Part T); in relation to authorizing  the  trus-
   tees of the state university of New York to lease and contract to make
   available  certain  land  on  the  state  university  of  New  York at
   Farmingdale's campus (Subpart A); in relation to authorizing the trus-
   tees of the state university of New York to lease and contract to make
   available certain land on the state university of New  York  at  Stony
   Brook's campus (Subpart B); and in relation to authorizing the commis-
   sioner  of  transportation  to transfer and convey certain state-owned
   real property in the town of Babylon, county of  Suffolk  (Subpart  C)
   (Part  U);  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 V); to amend chapter 393 of the laws  of  1994,
   amending  the New York state urban development corporation act, relat-
   ing to the powers of the New York state urban development  corporation
   to make loans, in relation to extending loan powers (Part W); to amend
   the  general  business law, in relation to requiring synthetic content
   creations system providers to include  provenance  data  on  synthetic
   content  produced  or modified by a synthetic content creations system
   that the synthetic content creations system provider  makes  available
   (Part X); to amend the general business law, in relation to establish-
   ing  the  "Safe by Design Act" (Part Y); to amend the general business
 S. 9008                             3                           A. 10008
 
   law, in relation to prohibiting advertising of certain  former  prices
   by  a  retail  seller  (Part Z); to amend the general business law, in
   relation to enacting the "data broker accountability act"  (Part  AA);
   to  amend  the  insurance  law,  in  relation to requiring insurers to
   provide explanations for certain premium increases (Part BB); to amend
   the insurance law, in relation to the  determination  of  a  benchmark
   loss ratio for homeowners' insurance (Part CC); to amend the insurance
   law,  in  relation to insurance discounts for real property (Part DD);
   to amend the insurance law and the civil practice law  and  rules,  in
   relation  to  motor  vehicle accident liability; and to repeal certain
   provisions of the civil practice law and rules relating thereto  (Part
   EE);  to  amend  the  insurance  law, in relation to the timeframe for
   reporting fraudulent claims and paying claims (Part FF); to amend  the
   insurance  law,  in  relation to requiring annual reports on insurance
   for multi-family buildings (Part GG); to amend the insurance  law,  in
   relation to the annual consumer guide of health insurers  (Subpart A);
   to  amend  the insurance law and the public health law, in relation to
   ongoing treatment  by  an  out-of-network  provider  during  pregnancy
   (Subpart  B);  to  amend  the insurance law, in relation to accessible
   formulary drug lists (Subpart C); and to amend the insurance  law  and
   the  public  health law, in relation to utilization reviews for treat-
   ment for a chronic health condition (Subpart D) (Part  HH);  to  amend
   the  insurance  law, in relation to providing motor vehicle liability,
   comprehensive and  collision  insurance  premium  deductions  for  the
   installation  of  a  dashboard  camera (Part II); to amend the banking
   law, in relation to protecting private education  loan  borrowers  and
   cosigners  (Part  JJ);  to  amend  the  insurance  law, in relation to
   extending the policy period for excess profit refunds to motor vehicle
   policyholders (Part KK); and 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 LL)
 
   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 2026-2027 state fiscal
 year.  Each component is wholly contained within a  Part  identified  as
 Parts  A  through  LL.  The effective date for each particular provision
 contained within such Part is set forth in  the  last  section  of  such
 Part.  Any  provision  in any section contained within a Part, including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section  three of this act sets forth the general
 effective date of this act.
                                  PART A
 
   Section 1. Section 13 of part U1 of chapter 62 of the  laws  of  2003,
 amending the vehicle and traffic law and other laws relating to increas-
 ing  certain  motor vehicle transaction fees, as amended by section 1 of
 part G of chapter 58 of the laws of 2024, is amended to read as follows:
 S. 9008                             4                           A. 10008
 
   § 13. This act shall take effect immediately;  provided  however  that
 sections  one through seven of this act, the amendments to subdivision 2
 of section 205 of the tax law made by section eight  of  this  act,  and
 section nine of this act shall expire and be deemed repealed on April 1,
 [2026]  2028;  provided further, however, that the provisions of section
 eleven of this act shall take effect April 1, 2004 and shall expire  and
 be deemed repealed on April 1, [2026] 2028.
   §  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
 the state finance law relating to the costs of the department  of  motor
 vehicles, as amended by section 2 of part G of chapter 58 of the laws of
 2024, is amended to read as follows:
   §  2.  This act shall take effect April 1, 2002; provided, however, if
 this act shall become a law after such date it shall take  effect  imme-
 diately and shall be deemed to have been in full force and effect on and
 after  April  1,  2002;  provided  further, however, that this act shall
 expire and be deemed repealed on April 1, [2026] 2028.
   § 3. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Section 5 of chapter 751 of the laws of 2005, amending  the
 insurance  law  and the vehicle and traffic law relating to establishing
 the accident prevention course internet  technology  pilot  program,  as
 amended  by  section  1  of part F of chapter 58 of the laws of 2024, is
 amended to read as follows:
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and be deemed repealed April
 1, [2026] 2028; provided that any rules  and  regulations  necessary  to
 implement  the  provisions of this act on its effective date are author-
 ized and directed to be completed on or before such date.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Subdivision 4 of section 502 of the vehicle and traffic law
 is amended by adding a new paragraph (i) to read as follows:
   (I) MOTORCYCLE RIDER SAFETY COURSE. UPON SUBMISSION OF AN  APPLICATION
 FOR  A  CLASS M LICENSE, THE APPLICANT SHALL SUBMIT PROOF TO THE COMMIS-
 SIONER OF THE APPLICANT'S SUCCESSFUL COMPLETION OF THE MOTORCYCLE  RIDER
 SAFETY  COURSE  ESTABLISHED  AND  ADMINISTERED  PURSUANT TO SECTION FOUR
 HUNDRED TEN-A OF THIS CHAPTER. THE COMPLETION OF  THE  MOTORCYCLE  RIDER
 SAFETY  COURSE REQUIRED HEREIN SHALL SUPPLEMENT, AND NOT SUBSTITUTE, THE
 COURSE REQUIREMENT OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION AND SHALL ONLY APPLY TO CLASS M LICENSE APPLICANTS WHO HAVE NEITHER
 PREVIOUSLY HELD A CLASS M LICENSE  ISSUED  BY  THE  COMMISSIONER  NOR  A
 MOTORCYCLE  LICENSE  ISSUED IN ANOTHER STATE AS IT IS DEFINED BY SECTION
 FIVE HUNDRED SIXTEEN OF THIS TITLE.
   § 2. This act shall take effect one year after it shall have become  a
 law.
 
                                  PART D
 
   Section  1.  Section 1642 of the vehicle and traffic law is amended by
 adding a new subdivision (c) to read as follows:
   (C) 1. IN ADDITION TO THE OTHER POWERS GRANTED BY  THIS  ARTICLE,  THE
 LEGISLATIVE  BODY  OF  ANY  CITY  HAVING  A  POPULATION IN EXCESS OF ONE
 S. 9008                             5                           A. 10008
 
 MILLION, MAY BY LOCAL LAW, ORDINANCE, ORDER, RULE, REGULATION OR  HEALTH
 CODE  PROVISION  ESTABLISH  AN INTELLIGENT SPEED ASSISTANCE DEVICE PILOT
 PROGRAM.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  APPLY  ONLY  TO
 VIOLATIONS  COMMITTED  SOLELY  WITHIN  A CITY HAVING A POPULATION OF ONE
 MILLION OR MORE.
   2. FOR PURPOSES OF THIS  SUBDIVISION,  "INTELLIGENT  SPEED  ASSISTANCE
 DEVICE" SHALL BE DEFINED AS A DEVICE WHICH IS INSTALLED IN A MOTOR VEHI-
 CLE  AND  UTILIZES  TECHNOLOGY  TO  LIMIT THE SPEED OF THE MOTOR VEHICLE
 BASED ON THE MAXIMUM SPEED LIMITS ESTABLISHED PURSUANT TO ARTICLE THIRTY
 OF THIS CHAPTER. THE TECHNOLOGY SHALL ALLOW FOR LIMITED FURTHER ACCELER-
 ATION PAST THE SPEED LIMIT, IF NECESSARY, BASED ON TRAFFIC CONDITIONS.
   3. SUCH PROGRAM MAY REQUIRE A PERSON, UPON SUCH PERSON'S CONVICTION OF
 A DETERMINATE NUMBER OF VIOLATIONS OF ANY PROVISION  OF  SECTION  ELEVEN
 HUNDRED  EIGHTY  OR  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, AS
 DETERMINED BY SUCH CITY, AND COMMITTED WITHIN A CERTAIN PERIOD  OF  TIME
 AS SHALL BE ESTABLISHED BY SUCH CITY, IN ADDITION TO ANY OTHER PENALTIES
 PRESCRIBED  BY  LAW,  TO  INSTALL AND MAINTAIN A FUNCTIONING INTELLIGENT
 SPEED ASSISTANCE DEVICE FOR A MANDATED PERIOD OF TIME IN ANY MOTOR VEHI-
 CLE SUCH PERSON OWNS OR OPERATES, AS SHALL BE ESTABLISHED BY SUCH CITY.
   4. AT THE CONCLUSION OF THE MANDATED PERIOD  OF  TIME,  PROVIDED  THAT
 SUCH  PERSON HAS SUCCESSFULLY COMPLETED THE TERM OF INSTALLATION WITH NO
 FURTHER VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY  OR  SECTION  ELEVEN
 HUNDRED EIGHTY-B OF THIS CHAPTER OCCURRING SOLELY WITHIN A CITY HAVING A
 POPULATION  OF  ONE  MILLION  OR MORE, NOTIFICATION SHALL BE PROVIDED TO
 SUCH PERSON AUTHORIZING THE REMOVAL OF SUCH DEVICE OR DEVICES.
   5. ANY LOCAL LAW, ORDINANCE, ORDER, RULE, REGULATION  OR  HEALTH  CODE
 PROVISION  ESTABLISHING  A  SPEED  ASSISTANCE DEVICE PILOT PROGRAM SHALL
 PROVIDE FOR REGULATIONS GOVERNING THE MONITORING OF  THE  COMPLIANCE  OF
 PERSONS  ORDERED TO INSTALL AND MAINTAIN AN INTELLIGENT SPEED ASSISTANCE
 DEVICE. IN ADDITION, SUCH PROGRAM SHALL MAKE PUBLICLY AVAILABLE:
   (A) CRITERIA FOR APPROVAL OF  APPROVED  INTELLIGENT  SPEED  ASSISTANCE
 DEVICES  WHICH  SHALL  INCLUDE  A  PUBLICLY  AVAILABLE  LIST OF APPROVED
 DEVICES AND A PUBLISHED LIST OF SUCH APPROVED DEVICES;
   (B) CRITERIA FOR THE APPROVAL OF SERVICE PROVIDERS WHICH ARE QUALIFIED
 TO INSTALL, SERVICE, INSPECT,  AND  REMOVE  APPROVED  INTELLIGENT  SPEED
 ASSISTANCE DEVICES; AND
   (C) A PUBLICLY AVAILABLE LIST OF SUCH SERVICE PROVIDERS.
   6.  IMPOSITION  OF  AN INTELLIGENT SPEED ASSISTANCE DEVICE SHALL IN NO
 WAY LIMIT THE EFFECT OF ANY PERIOD OF LICENSE SUSPENSION  OR  REVOCATION
 SET FORTH BY THE COMMISSIONER OR REQUIRED UNDER THIS CHAPTER.
   7. (A) NO PERSON SHALL TAMPER WITH OR CIRCUMVENT AN OTHERWISE OPERABLE
 INTELLIGENT SPEED ASSISTANCE DEVICE.
   (B)  NO PERSON SUBJECT TO THE REQUIREMENT DESCRIBED IN PARAGRAPH THREE
 OF THIS SUBDIVISION SHALL OPERATE A MOTOR VEHICLE WITHOUT SUCH DEVICE.
   (C) NO VEHICLE OWNER SHALL OPERATE, OR PERMIT ANOTHER PERSON TO  OPER-
 ATE,  A  MOTOR  VEHICLE THEY OWN WITHOUT AN INTELLIGENT SPEED ASSISTANCE
 DEVICE WHEN SUCH VEHICLE IS MANDATED TO HAVE SUCH DEVICE.
   (D) IN ADDITION TO ANY OTHER PROVISIONS OF LAW, ANY  PERSON  CONVICTED
 OF  A VIOLATION OF SUBPARAGRAPH (A), (B), OR (C) OF THIS PARAGRAPH SHALL
 BE GUILTY OF A CLASS A MISDEMEANOR.
   § 2. This act shall take effect one year after it shall have become  a
 law  and  shall expire April 1, 2031, when upon such date the provisions
 of this act shall be deemed repealed. Effective immediately,  the  addi-
 tion,  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.
 S. 9008                             6                           A. 10008
 
                                  PART E
 
   Section  1. Section 1226 of the vehicle and traffic law, as amended by
 chapter 506 of the laws of 1971, is amended as follows:
   § 1226. Control of steering mechanism. No person shall operate a motor
 vehicle without having at least one hand or, in the case of a physically
 handicapped person, at least one prosthetic device or aid on the  steer-
 ing  mechanism  at  all  times  when  the  motor  vehicle  is in motion.
 PROVIDED, HOWEVER, THIS SECTION SHALL NOT APPLY TO  FOR-HIRE  AUTONOMOUS
 VEHICLES AS PERMITTED BY ARTICLE FORTY-FOUR-D OF THIS CHAPTER.
   §  2.  The  vehicle and traffic law is amended by adding a new article
 44-D to read as follows:
                               ARTICLE 44-D
                       FOR-HIRE AUTONOMOUS VEHICLES
 SECTION 1707. DEFINITIONS.
         1708. FOR-HIRE AUTONOMOUS VEHICLES.
   § 1707. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "AUTONOMOUS  VEHICLE"  SHALL MEAN A MOTOR VEHICLE UTILIZING AUTON-
 OMOUS VEHICLE TECHNOLOGY.
   2. "AUTONOMOUS VEHICLE TECHNOLOGY" SHALL MEAN THE HARDWARE  AND  SOFT-
 WARE  THAT  ARE  COLLECTIVELY CAPABLE OF INDEPENDENTLY PERFORMING ALL OF
 THE DYNAMIC DRIVING TASKS ON A SUSTAINED BASIS.
   3. "AUTONOMOUS VEHICLE NETWORK" OR "NETWORK" SHALL MEAN AN  IDENTIFIED
 NETWORK  OF  MOTOR VEHICLES USING AUTONOMOUS TECHNOLOGY TO OPERATE INDE-
 PENDENT OF A DRIVER.
   4. "DYNAMIC DRIVING TASK" SHALL MEAN ALL OF THE REAL-TIME  OPERATIONAL
 AND TACTICAL FUNCTIONS REQUIRED TO OPERATE A VEHICLE IN ON-ROAD TRAFFIC.
   5.  "DEPLOY"  SHALL MEAN INITIATING AND CONTINUING THE OPERATION OF AN
 AUTONOMOUS VEHICLE ON PUBLIC HIGHWAYS.
   § 1708. FOR-HIRE AUTONOMOUS  VEHICLES.  1.  NO  NETWORK  SHALL  DEPLOY
 AUTONOMOUS  VEHICLES FOR TAXICAB, LIVERY, OR FOR-HIRE SERVICES IN A CITY
 HAVING A POPULATION OF ONE MILLION OR MORE.
   2. NO NETWORK SHALL DEPLOY AN AUTONOMOUS VEHICLE AS A TAXICAB, LIVERY,
 OR FOR-HIRE SERVICES WITHOUT FIRST BEING DULY AUTHORIZED BY THE  COMMIS-
 SIONER.
   3. A NETWORK MAY BE ELIGIBLE TO DEPLOY AN AUTONOMOUS VEHICLE FOR TAXI-
 CAB,  LIVERY,  OR FOR-HIRE SERVICES, IF SUCH NETWORK DEMONSTRATES TO THE
 COMMISSIONER IN A FORM AND MANNER REQUIRED BY THE COMMISSIONER THAT SUCH
 NETWORK SATISFIES THE FOLLOWING CRITERIA:
   (A) AN APPLICANT FOR AN AUTHORIZATION TO DEPLOY AN AUTONOMOUS  VEHICLE
 FOR  TAXICAB,  LIVERY  OR FOR-HIRE SERVICES MUST COMPLETE AN APPLICATION
 SUPPLIED BY THE COMMISSIONER, ACCOMPANIED BY A FEE IN THE AMOUNT OF  ONE
 MILLION DOLLARS AND ANY OTHER DOCUMENTATION REQUESTED BY THE COMMISSION-
 ER.  THEREAFTER,  ON  A QUADRENNIAL BASIS, THE APPLICANT SHALL APPLY FOR
 RENEWAL AND PAY A RENEWAL  FEE  IN  THE  AMOUNT  FIVE  HUNDRED  THOUSAND
 DOLLARS,  WHICH SHALL BE DUE UPON APPLICATION FOR RENEWAL. IF THE APPLI-
 CATION OR RENEWAL APPLICATION IS DENIED,  THE  DEPARTMENT  SHALL  RETAIN
 TWENTY-FIVE PERCENT OF THE FEE.
   (B)  NO  NETWORK SHALL BE ISSUED AN AUTHORIZATION UNLESS THE APPLICANT
 PRESENTS PROOF IT HAS OBTAINED, AT A MINIMUM, FINANCIAL SECURITY IN  THE
 AMOUNT  OF FIVE MILLION DOLLARS FOR THE ENTIRE NETWORK ENGAGED AS AUTON-
 OMOUS VEHICLES FOR TAXICAB, LIVERY OR FOR-HIRE SERVICES.
   (C) THE AUTONOMOUS VEHICLE IS DEPLOYED IN COMPLIANCE WITH THE APPLICA-
 BLE TRAFFIC AND MOTOR VEHICLE SAFETY LAWS AND REGULATIONS OF THIS STATE.
 S. 9008                             7                           A. 10008
 
   (D) A SUFFICIENT  DEMONSTRATION  OF  SUPPORT,  AS  DETERMINED  BY  THE
 COMMISSIONER, FROM MUNICIPAL, COUNTY OR OTHER LOCAL STAKEHOLDERS.
   (E) SUCH OTHER CRITERIA AS THE COMMISSIONER SHALL DETERMINE, WHICH MAY
 INCLUDE  THE  PROJECTED  IMPACT  OF  SUCH  SERVICES  ON  SAFETY, TRAFFIC
 CONTROL,  TRAFFIC  ENFORCEMENT,  THE  LOCAL  WORKFORCE   AND   EMERGENCY
 SERVICES.
   4.  THE COMMISSIONER SHALL DENY AN APPLICATION OR RENEWAL OF AN APPLI-
 CATION FOR THE DEPLOYMENT OF AN AUTONOMOUS VEHICLE AS A FOR-HIRE  AUTON-
 OMOUS  VEHICLE  IF  SUCH  VEHICLE OR APPLICANT DOES NOT COMPLY WITH THIS
 CHAPTER OR THE REQUIREMENTS ESTABLISHED BY THE COMMISSIONER OR ANY OTHER
 LAWS OF THE STATE, OR FOR ANY OTHER REASON  IN  THE  DISCRETION  OF  THE
 COMMISSIONER,  AND  THE COMMISSIONER MAY SUSPEND OR REVOKE A LICENSE FOR
 FAILURE TO COMPLY WITH THIS CHAPTER OR SUCH  REQUIREMENTS,  OR  WHENEVER
 THE  COMMISSIONER  DEEMS NECESSARY TO PRESERVE OR PROTECT TRAFFIC SAFETY
 OR THE SAFETY OF THE PUBLIC.
   5. THE COMMISSIONER MAY PROMULGATE ANY REGULATION NECESSARY TO  EFFEC-
 TUATE THIS ARTICLE.
   §  3. Section 3 of part FF of chapter 55 of the laws of 2017, relating
 to motor  vehicles  equipped  with  autonomous  vehicle  technology,  as
 amended  by  section  1  of part J of chapter 58 of the laws of 2024, 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,
 [2026] 2028.
   §  4.  This  act shall take effect immediately; provided, however that
 sections one and two of this act shall take effect  one  year  after  it
 shall have become a law.
 
                                  PART F
 
   Section  1.  Subdivision  11  of  section  120.05 of the penal law, as
 amended by section 2 of part Z of chapter 55 of the  laws  of  2024,  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,
 bus, or ferry the collection or handling of revenues therefrom; a person
 whose  official  duties  include  the CONSTRUCTION, maintenance, repair,
 inspection, troubleshooting, testing or cleaning of buses or ferries,  a
 transit  signal  system,  elevated or underground subway tracks, transit
 station OR TRANSPORTATION structure, including fare  equipment,  escala-
 tors,  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  ANY
 ROADWAYS,  WALKWAYS,  TUNNELS,  BRIDGES,  TOLLING  FACILITIES  OR  THEIR
 SUPPORTING SYSTEMS, BUILDINGS OR STRUCTURES; or  a  supervisor  of  such
 personnel, employed by any transit or commuter rail agency, authority or
 company, public or private, whose operation is authorized OR ESTABLISHED
 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 enforcement agent, MOTOR VEHICLE LICENSE EXAMINER, MOTOR VEHICLE
 REPRESENTATIVE,  AUTOMOTIVE  FACILITIES  INSPECTOR,  HIGHWAY  WORKER  AS
 DEFINED  IN  SECTION  ONE  HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
 S. 9008                             8                           A. 10008
 
 LAW, MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED  TWEN-
 TY-FOUR-A  OF  THE  VEHICLE  AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS
 DEFINED IN SECTION ONE HUNDRED TWENTY-FOUR-B OF THE VEHICLE AND  TRAFFIC
 LAW,  prosecutor as defined in subdivision thirty-one of section 1.20 of
 the criminal procedure law, sanitation enforcement agent, New York  city
 sanitation worker, public health sanitarian, New York city public health
 sanitarian,   registered  nurse,  licensed  practical  nurse,  emergency
 medical service paramedic, or emergency medical service technician,  [he
 or she] SUCH PERSON causes physical injury to such train operator, tick-
 et  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,  bus,  or  ferry or the collection or handling of revenues there-
 from; a person whose official duties include the  CONSTRUCTION,  mainte-
 nance, repair, inspection, troubleshooting, testing or cleaning of buses
 or  ferries,  a  transit  signal  system, elevated or underground subway
 tracks, transit station  OR  TRANSPORTATION  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 ANY ROADWAYS, WALKWAYS, TUNNELS, BRIDGES, TOLLING FACIL-
 ITIES  OR THEIR SUPPORTING SYSTEMS, BUILDINGS OR STRUCTURES; or a super-
 visor of such personnel, city marshal, school crossing  guard  appointed
 pursuant  to  section  two hundred eight-a of the general municipal law,
 traffic enforcement officer, traffic enforcement  agent,  MOTOR  VEHICLE
 LICENSE  EXAMINER,  MOTOR  VEHICLE REPRESENTATIVE, AUTOMOTIVE FACILITIES
 INSPECTOR, 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-A OF THE  VEHICLE  AND  TRAFFIC  LAW,
 MOTOR  VEHICLE INSPECTOR AS DEFINED IN SECTION ONE HUNDRED TWENTY-FOUR-B
 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,] A LAWFUL ACT RELATED, DIRECT-
 LY  OR  INDIRECTLY,  TO  AN EMPLOYMENT RESPONSIBILITY, INCLUDING BUT NOT
 LIMITED 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, bus, or ferry or maintenance or cleaning of a train, a bus,
 a ferry, or bus station or terminal, signal system, elevated  or  under-
 ground  subway  tracks,  transit  station  OR  TRANSPORTATION 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, a  ferry  station,  or  such
 city  marshal, school crossing guard, traffic enforcement officer, traf-
 fic enforcement agent, MOTOR VEHICLE  LICENSE  EXAMINER,  MOTOR  VEHICLE
 REPRESENTATIVE,  AUTOMOTIVE  FACILITIES  INSPECTOR,  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-A OF THE VEHICLE AND TRAFFIC LAW,  MOTOR  VEHICLE  INSPECTOR  AS
 DEFINED  IN SECTION ONE HUNDRED TWENTY-FOUR-B OF THE VEHICLE AND TRAFFIC
 LAW, prosecutor as defined in subdivision thirty-one of section 1.20  of
 S. 9008                             9                           A. 10008
 
 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 penal law is amended by adding a new section 120.13-a to read
 as follows:
 § 120.13-A MENACING A HIGHWAY WORKER.
   A PERSON IS GUILTY OF MENACING  A  HIGHWAY  WORKER  WHEN  THEY  INTEN-
 TIONALLY  PLACE  OR ATTEMPT TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
 OF  DEATH, IMMINENT  SERIOUS  PHYSICAL INJURY OR PHYSICAL INJURY.    FOR
 PURPOSES  OF THIS SECTION, THE TERM "HIGHWAY WORKER" SHALL HAVE THE SAME
 MEANING AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE  AND
 TRAFFIC LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   §  3.  The  vehicle  and  traffic  law  is amended by adding three new
 sections 118-a, 124-a and 124-b to read as follows:
   § 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON  BEHALF  OF  THE
 STATE,  A  COUNTY,  CITY,  TOWN  OR  VILLAGE,  A PUBLIC AUTHORITY, LOCAL
 AUTHORITY, OR PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF  ANY
 SUCH ENTITY, OR A FLAGPERSON, WHO HAS BEEN ASSIGNED TO PERFORM WORK ON A
 HIGHWAY, PUBLIC HIGHWAY, ROADWAY, ACCESS HIGHWAY, OR QUALIFYING HIGHWAY,
 OR WITHIN THE HIGHWAY RIGHT OF WAY. SUCH WORK MAY INCLUDE, BUT SHALL NOT
 BE  LIMITED  TO, CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, IMPROVEMENT,
 FLAGGING, UTILITY INSTALLATION,  OR  THE  OPERATION  OF  EQUIPMENT.  FOR
 PURPOSES OF THIS SECTION, THE TERM "HIGHWAY RIGHT OF WAY" SHALL MEAN THE
 ENTIRE  WIDTH  BETWEEN  THE BOUNDARY LINE OF ALL PROPERTY WHICH HAS BEEN
 PURCHASED, APPROPRIATED, OR DESIGNATED BY THE STATE, A MUNICIPAL ENTITY,
 OR A PUBLIC BENEFIT CORPORATION FOR HIGHWAY PURPOSES, ALL PROPERTY  OVER
 WHICH  THE  COMMISSIONER  OF  TRANSPORTATION,  ANY  MUNICIPAL ENTITY, OR
 PUBLIC  BENEFIT  CORPORATION  HAS  ASSUMED  JURISDICTION   FOR   HIGHWAY
 PURPOSES,  AND  ALL  PROPERTY  THAT  HAS BECOME PART OF A HIGHWAY SYSTEM
 THROUGH DEDICATION OR USE, INCLUDING ANY PROPERTY DEEMED  NECESSARY  FOR
 THE  MAINTENANCE,  CONSTRUCTION,  RECONSTRUCTION,  OR IMPROVEMENT OF ANY
 HIGHWAY.  SUCH  WORK  MAY  INCLUDE,  BUT  SHALL  NOT   BE   LIMITED   TO
 CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, IMPROVEMENT, FLAGGING, UTILI-
 TY INSTALLATION, OR THE OPERATION OF EQUIPMENT.
   §  124-A.  MOTOR  CARRIER  INVESTIGATOR.  ANY  PERSON  EMPLOYED BY THE
 DEPARTMENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO  PERFORM  INVESTI-
 GATIONS OF ANY MOTOR CARRIERS REGULATED BY THE COMMISSIONER OF TRANSPOR-
 TATION.
   §  124-B.  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.
   §  4.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
 traffic law is amended by adding a new subparagraph (xviii) to  read  as
 follows:
   (XVIII)  FOR  A  PERIOD  OF  NOT LESS THAN THIRTY NOR GREATER THAN ONE
 HUNDRED EIGHTY DAYS WHERE THE  HOLDER  IS  CONVICTED  OF  THE  CRIME  OF
 ASSAULT IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ELEVEN OF SECTION
 120.05  OF  THE  PENAL  LAW OR ASSAULT IN THE THIRD DEGREE AS DEFINED IN
 SECTION  120.00 OF   THE   PENAL  LAW,  WHERE SUCH OFFENSE WAS COMMITTED
 AGAINST A MOTOR VEHICLE LICENSE EXAMINER, MOTOR VEHICLE  REPRESENTATIVE,
 AUTOMOTIVE  FACILITIES INSPECTOR, HIGHWAY WORKER, MOTOR CARRIER INVESTI-
 GATOR, MOTOR VEHICLE INSPECTOR, OR WHERE THE HOLDER IS CONVICTED OF  THE
 S. 9008                            10                           A. 10008
 
 CRIME  OF  MENACING  A  HIGHWAY WORKER AS DEFINED IN ARTICLE ONE HUNDRED
 TWENTY OF THE PENAL LAW.
   §  5.  The  vehicle and traffic law is amended by adding a new section
 1221-a to read as follows:
   § 1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A  VEHI-
 CLE  SHALL  ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT UPON DIREC-
 TION FROM A FLAGPERSON,  POLICE  OFFICER  OR  OTHER  VISIBLY  DESIGNATED
 PERSON  IN CHARGE OF TRAFFIC CONTROL OR DIRECTION FROM A TRAFFIC CONTROL
 DEVICE REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION, THE  TERM
 "ACTIVE  WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF A HIGHWAY, STREET OR
 PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING
 CONDUCTED, WHICH AREA IS MARKED BY ANY SIGNS, CHANNELING DEVICES, BARRI-
 ERS, PAVEMENT MARKINGS, OR WORK VEHICLES, AND WHERE  WORKERS  ARE  PHYS-
 ICALLY PRESENT.
   2.  A  VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A
 CLASS B MISDEMEANOR  PUNISHABLE BY A FINE OF NOT LESS THAN  TWO  HUNDRED
 FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS,  OR  BY  A  PERIOD  OF
 IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART G
 
   Section 1.  Paragraph 1 of subdivision (a) of section  1180-e  of  the
 vehicle and traffic law, as amended by section 1 of part Q of chapter 58
 of the laws of 2025, is amended to read as follows:
   1.  Notwithstanding  any  other  provision of law, the commissioner of
 transportation is hereby authorized to establish a demonstration program
 imposing monetary liability on the owner of a vehicle for failure of  an
 operator thereof to comply with posted maximum speed limits in a highway
 construction  or  maintenance work area located on a [controlled-access]
 highway (i) when highway construction or maintenance work  is  occurring
 and a work area speed limit is in effect as provided in paragraph two of
 subdivision  (d)  or subdivision (f) of section eleven hundred eighty of
 this article or (ii) when highway construction or  maintenance  work  is
 occurring  and  other speed limits are in effect as provided in subdivi-
 sion (b) or (g) or paragraph one of subdivision (d)  of  section  eleven
 hundred eighty of this article. Such demonstration program shall empower
 the  commissioner  to  install  photo speed violation monitoring systems
 within no more than forty highway construction or maintenance work areas
 located on [controlled-access] highways  and  to  operate  such  systems
 within  such  work  areas (iii) when highway construction or maintenance
 work is occurring and a work area speed limit is in effect  as  provided
 in paragraph two of subdivision (d) or subdivision (f) of section eleven
 hundred  eighty  of  this  article  or (iv) when highway construction or
 maintenance work is occurring and other speed limits are  in  effect  as
 provided  in  subdivision (b) or (g) or paragraph one of subdivision (d)
 of section eleven hundred eighty of this article. The  commissioner,  in
 consultation  with  the  superintendent of the division of state police,
 shall determine the location of the highway construction or  maintenance
 work  areas located on a [controlled-access] highway in which to install
 and operate photo speed violation monitoring systems.   In  selecting  a
 highway  construction  or  maintenance work area in which to install and
 operate a photo speed  violation  monitoring  system,  the  commissioner
 shall  consider  criteria including, but not limited to, the speed data,
 S. 9008                            11                           A. 10008
 
 crash  history,  and  roadway  geometry  applicable  to   such   highway
 construction  or maintenance work area. A photo speed violation monitor-
 ing system shall not be installed or operated on  a  [controlled-access]
 highway exit ramp.
   § 2. Subdivision (b) of section 1180-e of the vehicle and traffic law,
 as  amended by section 2 of part Q of chapter 58 of the laws of 2025, is
 amended to read as follows:
   (b) If the commissioner or chair of the thruway authority,  Triborough
 bridge  and  tunnel  authority, or bridge 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 highway construction or maintenance
 work area located on a [controlled-access] highway, the thruway, Tribor-
 ough bridge and tunnel authority facilities or bridge authority  facili-
 ties,  as applicable in violation of paragraph two of subdivision (d) or
 subdivision (f), or when other speed limits are in effect  in  violation
 of  subdivision  (b)  or  (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 highway  construction  or  maintenance  work
 area,  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.
   § 3. Paragraphs 5 and 9 of subdivision (c) of section  1180-e  of  the
 vehicle and traffic law, as amended by section 2 of part Q of chapter 58
 of the laws of 2025, are amended to read as follows:
   5. ["controlled-access highway" shall mean a controlled-access highway
 as defined by section one hundred nine of this chapter under the commis-
 sioner's  jurisdiction  which  has  been  functionally classified by the
 department of transportation as principal arterial - interstate or prin-
 cipal arterial - other freeway/expressway on official functional classi-
 fication maps approved by the federal highway administration pursuant to
 part 470.105 of title 23 of the code of federal regulations, as  amended
 from  time  to  time]  "HIGHWAY"  SHALL  MEAN  ANY  REAL PROPERTY OWNED,
 CONTROLLED, OR UNDER THE JURISDICTION OF THE COMMISSIONER,  THE  THRUWAY
 AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, OR BRIDGE AUTHORITY;
   9.  "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 highway construction or maintenance
 work area located on a [controlled-access] highway, the thruway, Tribor-
 ough bridge and tunnel authority facility or bridge  authority  facility
 in  violation  of  subdivision  (b),  (d),  (f) or (g) of section eleven
 hundred eighty of this article in accordance with the provisions of this
 section;
   § 4. Paragraphs 2, 4, and 6 of subdivision (m) of  section  1180-e  of
 the  vehicle and traffic law, as amended by section 2 of part Q of chap-
 ter 58 of the laws of 2025, are amended to read as follows:
   2. the aggregate number, type and  severity  of  crashes,  fatalities,
 injuries and property damage reported within all highway construction or
 maintenance  work  areas  on  [controlled-access] highways, the thruway,
 S. 9008                            12                           A. 10008
 
 Triborough bridge and tunnel authority facilities  or  bridge  authority
 facilities,  as  applicable, to the extent the information is maintained
 by the commissioner, the chair  of  the  thruway  authority,  Triborough
 bridge  and  tunnel authority, or bridge authority, or the department of
 motor vehicles of this state;
   4. the number of violations recorded within all  highway  construction
 or  maintenance work areas on [controlled-access] highways, the thruway,
 Triborough bridge and tunnel authority facilities  or  bridge  authority
 facilities, in the aggregate on a daily, weekly and monthly basis to the
 extent  the  information is maintained by the commissioner, the chair of
 the thruway authority, Triborough bridge and tunnel authority, or bridge
 authority, or the department of motor vehicles of this state;
   6. to the extent the information is maintained  by  the  commissioner,
 the chair of the thruway authority, Triborough bridge and tunnel author-
 ity,  or  bridge  authority, or the department of motor vehicles of this
 state, the number of violations recorded within all highway construction
 or maintenance work areas on [controlled-access] highways, the  thruway,
 Triborough  bridge  and  tunnel authority facilities or bridge authority
 facilities, 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;
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments made to section 1180-e of the vehicle and traffic law  by
 sections  one,  two,  three  and  four  of this act shall not affect the
 repeal of such section and shall expire and be  deemed  repealed  there-
 with.
 
                                  PART H
 
   Section  1.  Section  3  of  part PP of chapter 54 of the laws of 2016
 amending the public authorities law and the general municipal law relat-
 ing to the New York transit authority and the  metropolitan  transporta-
 tion  authority,  as amended by section 1 of part I of chapter 58 of the
 laws of 2025, 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,  [2026]  2036, and provided further that such repeal shall not
 affect the validity or duration of any contract entered into before that
 date pursuant to paragraph f of such subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. Definitions. Whenever used in this act, the following terms
 shall have the following meanings:
   1. "Authority" shall mean the  metropolitan  transportation  authority
 created  by section twelve hundred sixty-three of the public authorities
 law.
   2. "125 Street Subway Extension project" shall mean a  project  within
 the  metropolitan  commuter  transportation district to be undertaken by
 S. 9008                            13                           A. 10008

 the Authority to extend subway service westward from the northern termi-
 nus of the Second Avenue Subway Phase Two Project to the  west  side  of
 Manhattan.   Such project includes construction of a subterranean tunnel
 running  from  125  Street  and  Lenox Avenue west along 125 Street past
 Broadway, and the construction of additional stations, and any ancillary
 facilities, connecting with north and south subway lines.
   3. "Subterranean Tunnel Component" shall mean the component of the 125
 Street Subway Extension Project consisting of construction of a  subter-
 ranean  tunnel  running  from 125 Street and Lenox Avenue west along 125
 Street past Broadway.
   4. "Metropolitan commuter  transportation  district"  shall  mean  the
 commuter  transportation  district  created  by  section  twelve hundred
 sixty-two of the public authorities law.
   5. "Second Avenue Subway Phase Two Project" shall mean a project with-
 in the metropolitan commuter transportation district, commenced  by  the
 Authority as of the effective date of this chapter, to extend the Q line
 subway  into  Harlem  through construction of two new stations on Second
 Avenue at 106 and 116 streets and extending Q line subway service  to  a
 third  new  station at 125 Street and Lexington Avenue that will connect
 to the 4, 5, and 6 subway lines and Metro-North railroad.
   § 2.  The Authority shall conduct the applicable environmental  review
 of  the  Subterranean Tunnel Component in accordance with the provisions
 of article eight of the environmental conservation  law,  provided  that
 such  environmental review shall not be required to be conducted concur-
 rent with, or  inclusive  of,  the  environmental  review  specified  in
 section three of this act.
   §  3.  The Authority shall conduct the applicable environmental review
 of all other components of the  125  Street  Subway  Extension  project,
 including  construction of the stations and any ancillary facilities, in
 accordance with the provisions of article  eight  of  the  environmental
 conservation  law;  provided that such environmental review shall not be
 required to be conducted concurrent with, or inclusive of, the  environ-
 mental review specified in section two of this act.
   § 4. (1) The Authority shall not approve, permit, acquire real proper-
 ty  pursuant  to  the  eminent  domain  procedure  law, or undertake any
 discretionary action  required  to  construct  the  Subterranean  Tunnel
 Component  described  in  section  two  of  this  act, and no agency, as
 defined in section 8-0105 of the environmental conservation  law,  shall
 permit or authorize any activity relating to construction of the Subter-
 ranean  Tunnel Component, until the Authority has completed the applica-
 ble environmental review required pursuant to section two of this act.
   (2) The Authority shall not approve,  permit,  acquire  real  property
 pursuant  to  the eminent domain procedure law, or undertake any discre-
 tionary action required to construct the other  components  of  the  125
 Street  Subway Extension project described in section three of this act,
 and no agency, as defined in section 8-0105 of the environmental conser-
 vation law, shall permit or authorize any activity relating construction
 of the other components of the  125  Street  Subway  Extension  project,
 until  the  Authority  has completed the applicable environmental review
 required pursuant to section three of the act.
   (3) The preparation of a design or designs shall not be deemed to have
 prejudiced any decision-making pursuant to article eight of the environ-
 mental conservation law.
   § 5. This act shall take effect immediately.
 
                                  PART J
 S. 9008                            14                           A. 10008
 
   Section 1. Article 21-AA of the agriculture and markets law is amended
 by adding a new section 258-aa to read as follows:
   §  258-AA. DAIRY PROMOTION ACT. 1. DECLARATION OF POLICY. IT IS HEREBY
 DECLARED THAT THE DAIRY INDUSTRY IS A PARAMOUNT AGRICULTURAL INDUSTRY OF
 THIS STATE, AND IS AN INDUSTRY AFFECTING THE HEALTH AND WELFARE  OF  THE
 INHABITANTS  OF  THE  STATE;  THAT  THE CONTINUED EXISTENCE OF THE DAIRY
 INDUSTRY AND THE CONTINUED PRODUCTION OF MILK ON THE FARMS OF THIS STATE
 IS OF VAST ECONOMIC IMPORTANCE TO  THE  STATE  AND  TO  THE  HEALTH  AND
 WELFARE  OF  THE  INHABITANTS THEREOF; THAT IT IS ESSENTIAL, IN ORDER TO
 ASSURE SUCH CONTINUED PRODUCTION OF MILK AND ITS HANDLING  AND  DISTRIB-
 UTION, THAT PRICES TO PRODUCERS BE SUCH AS TO RETURN REASONABLE COSTS OF
 PRODUCTION,  AND  AT THE SAME TIME ASSURE AN ADEQUATE SUPPLY OF MILK AND
 DAIRY PRODUCTS TO CONSUMERS AT REASONABLE PRICES; AND TO THESE  ENDS  IT
 IS  ESSENTIAL THAT CONSUMERS AND OTHERS BE ADEQUATELY INFORMED AS TO THE
 DIETARY NEEDS AND ADVANTAGES OF MILK AND DAIRY PRODUCTS AND  AS  TO  THE
 ECONOMIES  RESULTING  FROM  THE  USE  OF MILK AND DAIRY PRODUCTS, AND TO
 COMMAND FOR MILK AND  DAIRY  PRODUCTS,  CONSUMER  ATTENTION  AND  DEMAND
 CONSISTENT  WITH THEIR IMPORTANCE AND VALUE. IT IS FURTHER DECLARED THAT
 CONTINUED DECLINE IN THE CONSUMPTION OF FLUID MILK AND SOME OTHER  DAIRY
 PRODUCTS WILL JEOPARDIZE THE PRODUCTION OF ADEQUATE SUPPLIES OF MILK AND
 DAIRY  PRODUCTS  BECAUSE  OF  INCREASING SURPLUSES NECESSARILY RETURNING
 LESS TO PRODUCERS; AND THAT CONTINUED  ADEQUATE  SUPPLIES  OF  MILK  AND
 DAIRY  PRODUCTS IS A MATTER OF VITAL CONCERN AS AFFECTING THE HEALTH AND
 GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS THEREFORE DECLARED TO
 BE THE LEGISLATIVE INTENT AND POLICY OF THE STATE:
   (A) TO ENABLE MILK PRODUCERS AND OTHERS IN THE  DAIRY  INDUSTRY,  WITH
 THE  AID  OF  THE  STATE, TO MORE EFFECTIVELY PROMOTE THE CONSUMPTION OF
 MILK AND DAIRY PRODUCTS;
   (B) TO PROVIDE METHODS AND  MEANS  FOR  THE  DEVELOPMENT  OF  NEW  AND
 IMPROVED DAIRY PRODUCTS, AND TO PROMOTE THEIR USE; AND
   (C)  TO  THIS END, ELIMINATE THE POSSIBLE IMPAIRMENT OF THE PURCHASING
 POWER OF THE MILK PRODUCERS OF THIS STATE  AND  TO  ASSURE  AN  ADEQUATE
 SUPPLY OF MILK FOR CONSUMERS AT REASONABLE PRICES.
   2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A)  "DAIRY  PRODUCTS"  MEANS MILK AND PRODUCTS DERIVED THEREFROM, AND
 PRODUCTS OF WHICH MILK OR A PORTION THEREOF IS A SIGNIFICANT PART.
   (B) "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO IS  ENGAGED  IN  THE
 PRODUCTION  OF  MILK OR WHO CAUSES MILK TO BE PRODUCED FOR ANY MARKET IN
 THIS OR ANY OTHER STATE.
   (C) "ADVISORY BOARD" MEANS THE PERSONS APPOINTED BY  THE  COMMISSIONER
 FROM  NOMINATIONS FROM PRODUCERS AS HEREIN DEFINED TO ASSIST THE COMMIS-
 SIONER IN ADMINISTERING A DAIRY PROMOTION ORDER.
   (D) "MILK DEALER"  MEANS  ANY  PERSON  WHO  PURCHASES  OR  HANDLES  OR
 RECEIVES  OR  SELLS  MILK,  INCLUDING  INDIVIDUALS, PARTNERSHIPS, CORPO-
 RATIONS, COOPERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE  ASSO-
 CIATIONS.
   (E) "DAIRY PROMOTION ORDER" MEANS AN ORDER ISSUED BY THE COMMISSIONER,
 PURSUANT TO THE PROVISIONS OF THIS SECTION.
   (F) "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF
 MILK  PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER
 STATE, HAVING AGREEMENTS WITH THEIR PRODUCER MEMBERS TO MARKET,  BARGAIN
 FOR  OR  SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE
 OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY THEIR
 MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER-
 ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
 S. 9008                            15                           A. 10008
 
   3. POWERS AND DUTIES OF THE COMMISSIONER. (A) THE  COMMISSIONER  SHALL
 ADMINISTER AND ENFORCE THE PROVISIONS OF THIS SECTION AND SHALL HAVE AND
 MAY  EXERCISE  ANY  OR  ALL THE ADMINISTRATIVE POWERS CONFERRED UPON THE
 HEAD OF A DEPARTMENT. IN ORDER TO EFFECTUATE THE DECLARED POLICY OF THIS
 SECTION  THE  COMMISSIONER  MAY,  AFTER DUE NOTICE AND HEARING, MAKE AND
 ISSUE A DAIRY PROMOTION ORDER, OR ORDERS.
   (B) SUCH ORDER OR ORDERS SHALL BE ISSUED AND AMENDED OR TERMINATED  IN
 ACCORDANCE WITH THE FOLLOWING PROCEDURES:
   (I) BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT SHALL BE APPROVED BY
 FIFTY-ONE  PER  CENTUM OF THE PRODUCERS OF MILK VOTING IN THE REFERENDUM
 FOR THE AREA TO BE REGULATED BY SUCH ORDER. SUCH  REFERENDUM  SHALL  NOT
 CONSTITUTE  VALID  APPROVAL  UNLESS  FIFTY-ONE  PER  CENTUM  OF ALL MILK
 PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM.
   (II) PRODUCERS MAY VOTE BY INDIVIDUAL BALLOT OR THROUGH THEIR  COOPER-
 ATIVES IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
   (1)  COOPERATIVES  MAY  SUBMIT WRITTEN APPROVAL OF SUCH ORDER WITHIN A
 PERIOD OF ONE HUNDRED TWENTY DAYS AFTER THE COMMISSIONER HAS ANNOUNCED A
 REFERENDUM ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO  ARE  LISTED  AND
 CERTIFIED  TO THE COMMISSIONER AS MEMBERS OF SUCH COOPERATIVE, PROVIDED,
 HOWEVER, THAT ANY COOPERATIVE BEFORE SUBMITTING  SUCH  WRITTEN  APPROVAL
 SHALL GIVE AT LEAST SIXTY DAYS PRIOR WRITTEN NOTICE TO EACH PRODUCER WHO
 IS  ITS  MEMBER,  OF  THE  INTENTION  OF THE COOPERATIVE TO APPROVE SUCH
 PROPOSED ORDER, AND FURTHER PROVIDE THAT IF SUCH  COOPERATIVE  DOES  NOT
 INTEND  TO  APPROVE  SUCH PROPOSED ORDER, IT SHALL LIKEWISE GIVE WRITTEN
 NOTICE OF AT LEAST SIXTY DAYS TO EACH SUCH PRODUCER WHO IS  ITS  MEMBER,
 OF ITS INTENTION NOT TO APPROVE OF SUCH PROPOSED ORDER.
   (2)  ANY  PRODUCER  MAY  OBTAIN A BALLOT FROM THE COMMISSIONER SO THAT
 THEY MAY REGISTER THEIR OWN APPROVAL  OR  DISAPPROVAL  OF  THE  PROPOSED
 ORDER.
   (3)  A  PRODUCER  WHO  IS A MEMBER OF A COOPERATIVE WHICH HAS NOTIFIED
 SUCH PRODUCER OF ITS INTENT TO APPROVE OR NOT TO APPROVE OF  A  PROPOSED
 ORDER,  AND  WHO  OBTAINS  A  BALLOT  AND WITH SUCH BALLOT EXPRESSES THE
 PRODUCER'S APPROVAL OR DISAPPROVAL OF THE PROPOSED ORDER,  SHALL  NOTIFY
 THE COMMISSIONER AS TO THE NAME OF THE COOPERATIVE OF WHICH THE PRODUCER
 IS A MEMBER, AND THE COMMISSIONER SHALL REMOVE SUCH PRODUCER'S NAME FROM
 THE LIST CERTIFIED BY SUCH COOPERATIVE.
   (4)  IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING
 A PROPOSED ORDER, THE COMMISSIONER SHALL NOTIFY ALL MILK PRODUCERS  THAT
 AN  ORDER  IS  BEING CONSIDERED, AND THAT EACH PRODUCER MAY REGISTER THE
 PRODUCER'S APPROVAL OR DISAPPROVAL WITH THE COMMISSIONER EITHER DIRECTLY
 OR THROUGH THE PRODUCER'S COOPERATIVE.
   (5) THE COMMISSIONER MAY APPOINT A REFERENDUM  ADVISORY  COMMITTEE  TO
 ASSIST  AND  ADVISE  THE  COMMISSIONER IN THE CONDUCT OF THE REFERENDUM.
 SUCH COMMITTEE SHALL REVIEW REFERENDUM PROCEDURES AND THE TABULATION  OF
 RESULTS  AND  SHALL  ADVISE  THE COMMISSIONER OF ITS FINDINGS. THE FINAL
 CERTIFICATION OF THE REFERENDUM RESULTS SHALL BE MADE BY THE COMMISSION-
 ER. THE COMMITTEE SHALL CONSIST OF NOT LESS THAN THREE MEMBERS, NONE  OF
 WHOM  SHALL  BE  PERSONS  DIRECTLY AFFECTED BY THE PROMOTION ORDER BEING
 VOTED UPON. TWO MEMBERS SHALL BE REPRESENTATIVES OF GENERAL FARM  ORGAN-
 IZATIONS  WHICH ARE NOT DIRECTLY AFFECTED BY THE ORDER BEING VOTED UPON.
 THE MEMBERS OF THE COMMITTEE SHALL NOT RECEIVE A  SALARY  BUT  SHALL  BE
 ENTITLED  TO  ACTUAL AND REASONABLE EXPENSES INCURRED IN THE PERFORMANCE
 OF THEIR DUTIES.
   (6) THE COMMISSIONER MAY, AND UPON WRITTEN PETITION OF NOT  LESS  THAN
 TEN  PER  CENTUM  OF THE PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS OR
 THROUGH COOPERATIVE REPRESENTATION SHALL, CALL A  HEARING  TO  AMEND  OR
 S. 9008                            16                           A. 10008
 
 TERMINATE  SUCH  ORDER,  AND  ANY SUCH AMENDMENT OR TERMINATION SHALL BE
 EFFECTIVE ONLY UPON APPROVAL OF FIFTY-ONE PER CENTUM OF THE PRODUCERS OF
 MILK FOR THE AREA  REGULATED  PARTICIPATING  IN  A  REFERENDUM  VOTE  AS
 PROVIDED PURSUANT TO THIS PARAGRAPH.
   (C)  THE  COMMISSIONER  SHALL  ADMINISTER  AND  ENFORCE ANY SUCH DAIRY
 PROMOTION ORDER WHILE IT IS IN EFFECT, FOR THE PURPOSE OF:
   (I)  ENCOURAGING  THE  CONSUMPTION  OF  MILK  AND  DAIRY  PRODUCTS  BY
 ACQUAINTING  CONSUMERS  AND  OTHERS  WITH  THE ADVANTAGES AND ECONOMY OF
 USING MORE OF SUCH PRODUCTS.
   (II) PROTECTING THE HEALTH AND WELFARE OF  CONSUMERS  BY  ASSURING  AN
 ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS.
   (III)  PROVIDING  FOR  RESEARCH  PROGRAMS  DESIGNED TO DEVELOP NEW AND
 IMPROVED DAIRY PRODUCTS.
   (IV) PROVIDING FOR RESEARCH PROGRAMS DESIGNED  TO  ACQUAINT  CONSUMERS
 AND  THE  PUBLIC GENERALLY WITH THE EFFECTS OF THE USE OF MILK AND DAIRY
 PRODUCTS ON THE HEALTH OF SUCH CONSUMERS.
   (D) CARRYING OUT, IN OTHER WAYS, THE DECLARED  POLICY  AND  INTENT  OF
 THIS SECTION.
   4.  PROVISIONS OF DAIRY PROMOTION ORDERS. ANY DAIRY PROMOTION ORDER OR
 ORDERS MAY CONTAIN, AMONG OTHERS, ANY OR ALL OF THE FOLLOWING:
   (A) PROVISION FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS  SUBJECT
 TO THE REGULATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUCH
 ORDER  AND TO PAY THE COST OF ADMINISTERING AND ENFORCING SUCH ORDER. IN
 ORDER TO COLLECT ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR  EACH
 MILK  DEALER  WHO  RECEIVES  MILK FROM PRODUCERS TO DEDUCT THE AMOUNT OF
 ASSESSMENT FROM MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIV-
 ERED. THE RATE OF SUCH ASSESSMENT SHALL NOT  EXCEED  TWO  PER  CENT  PER
 HUNDREDWEIGHT  OF  THE GROSS VALUE OF THE PRODUCER'S MILK, AND THERE MAY
 BE CREDITED AGAINST ANY SUCH ASSESSMENT THE  AMOUNTS  PER  HUNDREDWEIGHT
 OTHERWISE  PAID  BY  ANY  PRODUCER  COVERED  BY  THE  ORDER BY VOLUNTARY
 CONTRIBUTION OR OTHERWISE PURSUANT TO ANY OTHER FEDERAL  OR  STATE  MILK
 MARKET  ORDER  FOR  ANY SIMILAR RESEARCH PROMOTION OR PROGRAM.  NOTWITH-
 STANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION  THREE  OF  THIS
 SECTION,  THE  COMMISSIONER, UPON WRITTEN PETITION OF NO LESS THAN TWEN-
 TY-FIVE PER CENT OF PRODUCERS IN THE  AREA,  EITHER  AS  INDIVIDUALS  OR
 THROUGH  COOPERATIVE  REPRESENTATION,  MAY  CALL  A HEARING FOR THE SOLE
 PURPOSE OF ESTABLISHING A NEW  RATE  OF  ASSESSMENT  HEREUNDER  AND  MAY
 SUBMIT  A PROPOSED CHANGE IN THE RATE OF ASSESSMENT TO THE PRODUCERS FOR
 ACCEPTANCE OR REJECTION  WITHOUT  OTHERWISE  AFFECTING  THE  ORDER.  THE
 PRODUCERS  IN  THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS INDIVID-
 UALS OR THROUGH COOPERATIVE REPRESENTATION. NOTWITHSTANDING THE  FOREGO-
 ING  PROVISIONS  OF  THIS  PARAGRAPH AND OF PARAGRAPH (B) OF SUBDIVISION
 THREE OF THIS SECTION, OR THE PROVISIONS OF ANY ORDER PROMULGATED PURSU-
 ANT TO THIS SECTION, THE RATE OF ASSESSMENT, FOR ANY PERIOD DURING WHICH
 A DAIRY PRODUCTS PROMOTION AND RESEARCH ORDER  ESTABLISHED  PURSUANT  TO
 THE FEDERAL DAIRY AND TOBACCO ADJUSTMENT ACT OF 1983 IS IN EFFECT, SHALL
 NOT  BE  LESS THAN AN AMOUNT EQUAL TO THE MAXIMUM CREDIT WHICH PRODUCERS
 PARTICIPATING IN THIS STATE'S  DAIRY  PRODUCTS  PROMOTION  OR  NUTRITION
 EDUCATION  PROGRAMS  MAY  RECEIVE PURSUANT TO SUBDIVISION (G) OF SECTION
 113 OF SUCH FEDERAL ACT.
   (B) PROVISION FOR PAYMENTS TO ORGANIZATIONS ENGAGED  IN  CAMPAIGNS  BY
 ADVERTISEMENTS OR OTHERWISE, INCLUDING PARTICIPATION IN SIMILAR REGIONAL
 OR  NATIONAL  PLANS OR CAMPAIGNS TO PROMOTE THE INCREASED CONSUMPTION OF
 MILK AND DAIRY PRODUCTS, TO ACQUAINT THE PUBLIC WITH THE DIETARY  ADVAN-
 TAGES OF MILK AND DAIRY PRODUCTS AND WITH THE ECONOMY OF THEIR INCLUSION
 S. 9008                            17                           A. 10008
 
 IN THE DIET AND TO COMMAND, FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTEN-
 TION CONSISTENT WITH THEIR IMPORTANCE AND VALUE.
   (C) PROVISION FOR PAYMENTS TO INSTITUTIONS OR ORGANIZATIONS ENGAGED IN
 RESEARCH LEADING TO THE DEVELOPMENT OF NEW OR IMPROVED DAIRY PRODUCTS OR
 RESEARCH  WITH  RESPECT  TO  THE VALUE OF MILK AND DAIRY PRODUCTS IN THE
 HUMAN DIET.
   (D) PROVISION FOR REQUIRING RECORDS TO BE KEPT AND REPORTS TO BE FILED
 BY MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM  PRODUCERS  AND  WITH
 RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
   (E) PROVISION FOR THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS FOR
 THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
   (F) PROVISION FOR AN ADVISORY BOARD AS HEREINAFTER INDICATED.
   (G)  SUCH  OTHER  PROVISIONS  AS  MAY  BE  NECESSARY TO EFFECTUATE THE
 DECLARED POLICIES OF THIS SECTION.
   5. MATTERS TO BE CONSIDERED. IN CARRYING OUT THE  PROVISIONS  OF  THIS
 SECTION AND PARTICULARLY IN DETERMINING WHETHER OR NOT A DAIRY PROMOTION
 ORDER  SHALL  BE ISSUED, THE COMMISSIONER SHALL TAKE INTO CONSIDERATION,
 AMONG OTHERS, FACTS AVAILABLE TO THEM WITH RESPECT TO THE FOLLOWING:
   (A) THE TOTAL PRODUCTION OF MILK IN THE AREA  AND  THE  PROPORTION  OF
 SUCH MILK BEING UTILIZED IN FLUID FORM AND IN OTHER PRODUCTS;
   (B) THE PRICES BEING RECEIVED FOR MILK BY PRODUCERS IN THE AREA;
   (C)  THE  LEVEL  OF CONSUMPTION PER CAPITA FOR FLUID MILK AND OF OTHER
 DAIRY PRODUCTS;
   (D) THE PURCHASING POWER OF CONSUMERS; AND
   (E) OTHER PRODUCTS WHICH COMPETE WITH  MILK  AND  DAIRY  PRODUCTS  AND
 PRICES OF SUCH PRODUCTS.
   6.  INTERSTATE  ORDERS FOR COMPACTS. THE COMMISSIONER IS AUTHORIZED TO
 CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES  OF  OTHER
 STATES  AND OF THE UNITED STATES WITH RESPECT TO THE ISSUANCE AND OPERA-
 TION OF JOINT AND CONCURRENT DAIRY PROMOTION ORDERS OR OTHER  ACTIVITIES
 TENDING  TO  CARRY  OUT THE DECLARED INTENT OF THIS SECTION. THE COMMIS-
 SIONER MAY JOIN WITH SUCH OTHER AUTHORITIES IN CONDUCTING JOINT INVESTI-
 GATIONS, HOLDING JOINT HEARINGS, AND ISSUING JOINT OR  CONCURRENT  ORDER
 OR  ORDERS  COMPLEMENTARY  TO  THOSE OF THE FEDERAL GOVERNMENT AND SHALL
 HAVE THE AUTHORITY TO EMPLOY OR DESIGNATE A JOINT AGENT OR  JOINT  AGEN-
 CIES  TO  CARRY OUT AND ENFORCE SUCH JOINT, CONCURRENT, OR SUPPLEMENTARY
 ORDERS.
   7. PRIOR ASSESSMENTS.  PRIOR  TO  THE  EFFECTIVE  DATE  OF  ANY  DAIRY
 PROMOTION  ORDER  AS  PROVIDED  IN  THIS  SECTION,  THE COMMISSIONER MAY
 REQUIRE THAT COOPERATIVES WHICH HAVE PETITIONED FOR SUCH  AN  ORDER  AND
 WHO  HAVE APPROVED OF THE ISSUANCE OF SUCH AN ORDER, TO DEPOSIT WITH THE
 COMMISSIONER SUCH AMOUNTS AS THE  COMMISSIONER  MAY  DEEM  NECESSARY  TO
 DEFRAY  THE EXPENSE OF ADMINISTERING AND ENFORCING SUCH ORDER UNTIL SUCH
 TIME AS THE ASSESSMENTS AS HEREIN BEFORE PROVIDED ARE ADEQUATE FOR  THAT
 PURPOSE.  SUCH  FUNDS SHALL BE RECEIVED, DEPOSITED, AND DISBURSED BY THE
 COMMISSIONER IN THE SAME MANNER AS OTHER FUNDS RECEIVED PURSUANT TO THIS
 SECTION AND THE COMMISSIONER SHALL REIMBURSE THOSE WHO PAID THESE  PRIOR
 ASSESSMENTS FROM OTHER FUNDS RECEIVED PURSUANT TO THIS SECTION.
   8. STATUS OF FUNDS. ANY MONEYS COLLECTED UNDER ANY MARKET ORDER ISSUED
 PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO BE STATE FUNDS AND SHALL
 BE  DEPOSITED  IN  A BANK OR OTHER DEPOSITORY IN THIS STATE, APPROVED BY
 THE COMMISSIONER AND THE STATE  COMPTROLLER,  ALLOCATED  TO  EACH  DAIRY
 PROMOTION  ORDER UNDER WHICH THEY WERE COLLECTED, AND SHALL BE DISBURSED
 BY THE COMMISSIONER ONLY FOR THE  NECESSARY  EXPENSES  INCURRED  BY  THE
 COMMISSIONER WITH RESPECT TO EACH SEPARATE ORDER, ALL IN ACCORDANCE WITH
 THE  RULES  AND REGULATIONS OF THE COMMISSIONER. ALL SUCH EXPENSES SHALL
 S. 9008                            18                           A. 10008
 
 BE AUDITED BY THE STATE COMPTROLLER AT LEAST ANNUALLY AND WITHIN  THIRTY
 DAYS  AFTER  THE  COMPLETION  THEREOF THE STATE COMPTROLLER SHALL GIVE A
 COPY THEREOF TO THE COMMISSIONER. ANY  MONEYS  REMAINING  IN  SUCH  FUND
 ALLOCABLE TO A PARTICULAR ORDER, AFTER THE TERMINATION OF SUCH ORDER AND
 NOT  REQUIRED  BY  THE  COMMISSIONER TO DEFRAY THE EXPENSES OF OPERATING
 SUCH ORDER, MAY IN THE DISCRETION OF THE COMMISSIONER BE REFUNDED  ON  A
 PRO-RATA  BASIS  TO  ALL  PERSONS  FROM  WHOM  ASSESSMENTS THEREFOR WERE
 COLLECTED; PROVIDED, HOWEVER, THAT IF THE COMMISSIONER  FINDS  THAT  THE
 AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTA-
 TION  AND REFUNDING OF SUCH MONEYS, THE COMMISSIONER MAY USE SUCH MONEYS
 TO DEFRAY THE EXPENSES INCURRED BY THEM IN THE  PROMULGATION,  ISSUANCE,
 ADMINISTRATION OR ENFORCEMENT OF ANY OTHER SIMILAR DAIRY PROMOTION ORDER
 OR  IN  THE ABSENCE OF ANY OTHER SUCH DAIRY PROMOTION ORDER, THE COMMIS-
 SIONER MAY PAY  SUCH  MONEYS  TO  ANY  ORGANIZATION  OR  INSTITUTION  AS
 PROVIDED IN PARAGRAPH (B) OR (C) OF SUBDIVISION FOUR OF THIS SECTION.
   9.  BUDGET.  THE  COMMISSIONER SHALL PREPARE A BUDGET FOR THE ADMINIS-
 TRATION AND OPERATING COSTS AND EXPENSES INCLUDING ADVERTISING AND SALES
 PROMOTION WHEN REQUIRED IN ANY DAIRY PROMOTION ORDER EXECUTED  HEREUNDER
 AND  TO PROVIDE FOR THE COLLECTION OF SUCH NECESSARY FEES OR ASSESSMENTS
 TO DEFRAY COSTS AND EXPENSES, IN NO  CASE  TO  EXCEED  TWO  PERCENT  PER
 HUNDREDWEIGHT  OF  THE  GROSS VALUE OF MILK MARKETED BY PRODUCERS IN THE
 AREA COVERED BY THE ORDER.
   10. ADVISORY BOARD. (A) ANY DAIRY PROMOTION ORDER ISSUED  PURSUANT  TO
 THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD TO
 ADVISE  AND ASSIST THE COMMISSIONER IN THE ADMINISTRATION OF SUCH ORDER.
 THIS BOARD SHALL CONSIST OF NOT LESS THAN  FIVE  MEMBERS  AND  SHALL  BE
 APPOINTED  BY  THE  COMMISSIONER FROM NOMINATIONS SUBMITTED BY PRODUCERS
 MARKETING MILK IN THE AREA TO WHICH THE ORDER APPLIES. NOMINATING PROCE-
 DURE, QUALIFICATION, REPRESENTATION, AND  SIZE  OF  THE  ADVISORY  BOARD
 SHALL BE PRESCRIBED IN THE ORDER FOR WHICH SUCH BOARD WAS APPOINTED.
   (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
 ENTITLED TO REIMBURSEMENT OF THE MEMBER'S ACTUAL AND REASONABLE EXPENSES
 INCURRED WHILE PERFORMING SUCH MEMBER'S DUTIES AS AUTHORIZED HEREIN.
   (C)  THE  DUTIES  AND  RESPONSIBILITIES OF THE ADVISORY BOARD SHALL BE
 PRESCRIBED BY THE COMMISSIONER, AND THE  COMMISSIONER  MAY  SPECIFICALLY
 DELEGATE  TO  THE  ADVISORY  BOARD,  BY INCLUSION IN THE DAIRY PROMOTION
 ORDER, ALL OR ANY OF THE FOLLOWING DUTIES AND RESPONSIBILITIES:
   (I) THE RECOMMENDATION TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND
 REGULATIONS RELATING TO THE ORDER.
   (II) RECOMMENDING TO THE COMMISSIONER SUCH AMENDMENTS TO THE ORDER  AS
 SEEMS ADVISABLE.
   (III)  THE  PREPARATION AND SUBMISSION TO THE COMMISSIONER OF AN ESTI-
 MATED BUDGET REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
   (IV) RECOMMENDING TO THE COMMISSIONER METHODS FOR ASSESSING  PRODUCERS
 AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
   (V)  ASSISTING  THE  COMMISSIONER  IN  THE  COLLECTION AND ASSEMBLY OF
 INFORMATION AND DATA NECESSARY FOR  THE  PROPER  ADMINISTRATION  OF  THE
 ORDER.
   (VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER
 AS THE COMMISSIONER SHALL DESIGNATE.
   11.  RULES AND REGULATIONS ENFORCEMENT. (A) THE COMMISSIONER MAY, WITH
 THE ADVICE AND ASSISTANCE OF THE ADVISORY BOARD,  MAKE  AND  ISSUE  SUCH
 RULES  AND  REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE THE PROVISIONS
 AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISIONS  OF  ANY  DAIRY
 PROMOTION ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW.
 S. 9008                            19                           A. 10008
 
   (B)  THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS
 MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY  PROVISION  OF  THIS
 SECTION,  OR  ANY RULE OR REGULATION, OR DAIRY PROMOTION ORDER COMMITTED
 TO THE COMMISSIONER'S ADMINISTRATION, AND IN ADDITION TO ANY OTHER REME-
 DY  UNDER  ARTICLE  THREE  OF  THIS  CHAPTER OR OTHERWISE, MAY APPLY FOR
 RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
 BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT  LAW  DOES
 NOT  EXIST.  SUCH  APPLICATION SHALL BE MADE TO THE SUPREME COURT IN ANY
 DISTRICT OR COUNTY PROVIDED IN THE CIVIL PRACTICE LAW OR  RULES,  OR  TO
 THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
   §  2. The agriculture and markets law is amended by adding a new arti-
 cle 25 to read as follows:
                                ARTICLE 25
                    MARKETING OF AGRICULTURAL PRODUCTS
 SECTION 291. LEGISLATIVE DECLARATION.
         292. DEFINITIONS.
         293. POWERS AND DUTIES OF THE COMMISSIONER.
         294. RULES AND REGULATIONS; ENFORCEMENT.
   § 291. LEGISLATIVE DECLARATION. IT IS HEREBY DECLARED THAT THE MARKET-
 ING OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS IN THIS  STATE,  IN
 EXCESS  OF  REASONABLE  AND  NORMAL  MARKET DEMANDS THEREFOR; DISORDERLY
 MARKETING OF SUCH COMMODITIES; IMPROPER PREPARATION FOR MARKET AND  LACK
 OF  UNIFORM  GRADING  AND CLASSIFICATION OF AGRICULTURAL COMMODITIES AND
 AQUATIC PRODUCTS; UNFAIR METHODS OF COMPETITION IN THE MARKETING OF SUCH
 COMMODITIES AND THE INABILITY OF INDIVIDUAL PRODUCERS TO DEVELOP NEW AND
 LARGER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS, RESULT
 IN AN UNREASONABLE AND UNNECESSARY ECONOMIC WASTE  OF  THE  AGRICULTURAL
 WEALTH  OF  THIS STATE. SUCH CONDITIONS AND THE ACCOMPANYING WASTE JEOP-
 ARDIZE THE FUTURE CONTINUED PRODUCTION OF ADEQUATE FOOD SUPPLIES FOR THE
 PEOPLE OF THIS AND OTHER STATES. THESE CONDITIONS  VITALLY  CONCERN  THE
 HEALTH,  SAFETY,  AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS
 THEREFORE DECLARED THE LEGISLATIVE PURPOSE AND THE POLICY OF THIS STATE:
   1. TO ENABLE AGRICULTURAL PRODUCERS  AND  AQUATIC  PRODUCERS  OF  THIS
 STATE,  WITH  THE  AID  OF  THE STATE, MORE EFFECTIVELY TO CORRELATE THE
 MARKETING OF THEIR AGRICULTURAL COMMODITIES AND  AQUATIC  PRODUCTS  WITH
 MARKET DEMANDS THEREFOR.
   2.  TO  ESTABLISH ORDERLY, EFFICIENT, AND EQUITABLE MARKETING OF AGRI-
 CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
   3. TO PROVIDE FOR UNIFORM GRADING AND PROPER PREPARATION  OF  AGRICUL-
 TURAL COMMODITIES AND AQUATIC PRODUCTS FOR MARKET.
   4.  TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND LARGER
 MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC  PRODUCTS  PRODUCED  IN
 NEW YORK.
   5. TO ELIMINATE OR REDUCE THE ECONOMIC WASTE IN THE MARKETING OF AGRI-
 CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
   6.  TO  ELIMINATE UNJUST IMPAIRMENT OF THE PURCHASING POWER OF AQUATIC
 PRODUCERS AND THE AGRICULTURAL PRODUCERS OF THIS STATE.
   7. TO AID AGRICULTURAL AND AQUATIC PRODUCERS IN MAINTAINING AN  INCOME
 AT AN ADEQUATE AND EQUITABLE LEVEL.
   §  292.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "AGRICULTURAL COMMODITY" MEANS ANY AND ALL AGRICULTURAL,  HORTICUL-
 TURAL, VINEYARD PRODUCTS, CORN FOR GRAIN, OATS, SOYBEANS, BARLEY, WHEAT,
 POULTRY  OR  POULTRY  PRODUCTS,  BEES, MAPLE SAP AND PURE MAPLE PRODUCTS
 PRODUCED THEREFROM, CHRISTMAS TREES,  LIVESTOCK,  INCLUDING  SWINE,  AND
 HONEY,  SOLD  IN THE STATE EITHER IN THEIR NATURAL STATE OR AS PROCESSED
 S. 9008                            20                           A. 10008
 
 BY THE PRODUCER THEREOF BUT DOES NOT  INCLUDE  MILK,  TIMBER  OR  TIMBER
 PRODUCTS,  OTHER  THAN  CHRISTMAS TREES, ALL HAY, RYE AND LEGUMES EXCEPT
 FOR SOYBEANS.
   2. "AQUACULTURE" MEANS THE CULTURE, CULTIVATION AND HARVEST OF AQUATIC
 PLANTS AND ANIMALS.
   3.  "AQUATIC  PRODUCTS"  MEANS  ANY  FOOD  OR  FIBER PRODUCTS OBTAINED
 THROUGH THE  PRACTICE  OF  AQUACULTURE,  INCLUDING  MARICULTURE;  OR  BY
 HARVEST  FROM  THE  SEA WHEN SUCH PRODUCTS ARE CULTURED OR LANDED IN NEW
 YORK STATE. SUCH PRODUCTS INCLUDE BUT ARE NOT LIMITED TO  FISH,  SHELLF-
 ISH, SEAWEED, OR OTHER WATER-BASED PLANT LIFE.
   4.  "PRODUCER" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN THE BUSI-
 NESS OF PRODUCING, OR CAUSING TO BE PRODUCED FOR ANY MARKET,  ANY  AGRI-
 CULTURAL COMMODITY OR AQUATIC PRODUCT.
   5.  "HANDLER"  MEANS  ANY  PERSON ENGAGED IN THE OPERATION OF PACKING,
 GRADING, SELLING, OFFERING FOR SALE, OR MARKETING ANY  MARKETABLE  AGRI-
 CULTURAL  COMMODITIES OR AQUATIC PRODUCTS, WHO AS OWNER, AGENT OR OTHER-
 WISE SHIPS OR CAUSES AN AGRICULTURAL COMMODITY TO BE SHIPPED.
   6. "PROCESSOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN  PROCESS-
 ING, OR IN THE OPERATION OF RECEIVING, GRADING, PACKING, CANNING, FREEZ-
 ING, DEHYDRATING, FERMENTING, DISTILLING, EXTRACTING, PRESERVING, GRIND-
 ING, CRUSHING, OR IN ANY OTHER WAY PRESERVING OR CHANGING THE FORM OF AN
 AGRICULTURAL  PRODUCT  OR  AQUATIC  PRODUCT FOR THE PURPOSE OF MARKETING
 SUCH COMMODITY BUT SHALL NOT INCLUDE A PERSON ENGAGED  IN  MANUFACTURING
 FROM  AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT ANOTHER AND DIFFERENT
 PRODUCT.
   7. "DISTRIBUTOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE, IN  SELL-
 ING,  OFFERING  FOR  SALE,  MARKETING  OR  DISTRIBUTING  AN AGRICULTURAL
 COMMODITY OR AQUATIC PRODUCT WHICH THEY HAVE PURCHASED OR ACQUIRED  FROM
 A  PRODUCER  OR  OTHER PERSON OR WHICH THEY ARE MARKETING ON BEHALF OF A
 PRODUCER OR OTHER PERSON, WHETHER AS OWNER, AGENT, EMPLOYEE,  BROKER  OR
 OTHERWISE,  BUT  SHALL  NOT INCLUDE A RETAILER, EXCEPT SUCH RETAILER WHO
 PURCHASES OR ACQUIRES FROM, OR HANDLES ON  BEHALF  OF  ANY  PRODUCER  OR
 OTHER  PERSON,  AN  AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SUBJECT TO
 REGULATION BY THE MARKETING AGREEMENT OR ORDER COVERING SUCH COMMODITY.
   8. "MARKETING AGREEMENT" MEANS AN AGREEMENT  ENTERED  INTO,  WITH  THE
 APPROVAL OF THE COMMISSIONER, BY PRODUCERS WITH DISTRIBUTORS, PROCESSORS
 AND  HANDLERS  REGULATING THE PREPARATION, SALE AND HANDLING OF AGRICUL-
 TURAL COMMODITIES OR AQUATIC PRODUCTS.
   9. "MARKETING ORDER" MEANS AN ORDER ISSUED BY THE COMMISSIONER  PURSU-
 ANT  TO  THIS  ARTICLE,  PRESCRIBING RULES AND REGULATIONS GOVERNING THE
 MARKETING FOR PROCESSING, THE DISTRIBUTING, THE SALE OF, OR THE HANDLING
 IN ANY MANNER OF ANY AGRICULTURAL COMMODITY OR AQUATIC PRODUCT  SOLD  IN
 THIS STATE DURING ANY SPECIFIED PERIOD OR PERIODS.
   §  293. POWERS AND DUTIES OF THE COMMISSIONER. 1. IN ORDER TO EFFECTU-
 ATE THE DECLARED POLICY OF THIS ARTICLE, THE COMMISSIONER MAY, AFTER DUE
 NOTICE AND OPPORTUNITY FOR HEARING, APPROVE MARKETING AGREEMENTS,  WHICH
 MARKETING  AGREEMENTS  SHALL  THEREUPON  BE BINDING UPON THE SIGNATORIES
 THERETO EXCLUSIVELY.
   2. THE COMMISSIONER MAY MAKE AND ISSUE  MARKETING  ORDERS,  AFTER  DUE
 NOTICE AND OPPORTUNITY FOR HEARING, SUBJECT TO:
   (A)  APPROVAL  OF NOT LESS THAN SIXTY-SIX AND TWO-THIRDS PER CENTUM OF
 THE PRODUCERS PARTICIPATING IN A REFERENDUM IN THE AREA AFFECTED, OR
   (B) APPROVAL OF NOT LESS THAN SIXTY-FIVE PER CENTUM OF  THE  PRODUCERS
 PARTICIPATING  IN  A  REFERENDUM  VOTE, IN THE AREA AFFECTED, AND HAVING
 MARKETED NOT LESS THAN FIFTY-ONE PER CENTUM OF THE TOTAL QUANTITY OF THE
 S. 9008                            21                           A. 10008

 COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING MARKETING  SEASON  BY
 ALL PRODUCERS THAT VOTED IN THE REFERENDUM, OR
   (C)  APPROVAL  OF  NOT LESS THAN FIFTY-ONE PER CENTUM OF THE PRODUCERS
 PARTICIPATING IN A REFERENDUM VOTE, IN THE  AREA  AFFECTED,  AND  HAVING
 MARKETED  NOT  LESS  THAN SIXTY-FIVE PER CENTUM OF THE TOTAL QUANTITY OF
 THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING MARKETING  SEASON
 BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM.
   3. THE COMMISSIONER MAY AND UPON WRITTEN PETITION DULY SIGNED BY TWEN-
 TY-FIVE  PER  CENTUM OF THE PRODUCERS IN THE AREA SHALL, AMEND OR TERMI-
 NATE SUCH ORDER AFTER  DUE  NOTICE  AND  OPPORTUNITY  FOR  HEARING,  BUT
 SUBJECT  TO  THE  APPROVAL  OF  NOT  LESS  THAN FIFTY PER CENTUM OF SUCH
 PRODUCERS PARTICIPATING IN A REFERENDUM VOTE.
   4. THE COMMISSIONER SHALL ADMINISTER AND ENFORCE ANY MARKETING  ORDER,
 WHILE IT IS IN EFFECT, TO:
   (A)  ENCOURAGE  AND  MAINTAIN  STABLE PRICES RECEIVED BY PRODUCERS FOR
 SUCH AGRICULTURAL COMMODITY AND AQUATIC PRODUCT  AT  A  LEVEL  WHICH  IS
 CONSISTENT WITH THE PROVISIONS AND AIMS OF THIS ARTICLE.
   (B)  PREVENT  THE  UNREASONABLE OR UNNECESSARY WASTE OF LAND OR WATER-
 BASED WEALTH.
   (C) PROTECT THE INTERESTS OF CONSUMERS OF SUCH COMMODITY, BY  EXERCIS-
 ING  THE POWERS OF THIS ARTICLE TO SUCH EXTENT AS IS NECESSARY TO EFFEC-
 TUATE THE PURPOSES OF THIS ARTICLE.
   (D) PREPARE A BUDGET FOR THE ADMINISTRATION AND  OPERATING  COSTS  AND
 EXPENSES  INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY
 MARKETING AGREEMENT OR ORDER EXECUTED HEREUNDER AND TO PROVIDE  FOR  THE
 COLLECTION  OF SUCH NECESSARY FEES TO DEFRAY SUCH COSTS AND EXPENSES, IN
 NO CASE TO EXCEED FIVE PERCENT OF THE GROSS DOLLAR VOLUME  OF  SALES  OR
 DOLLAR VOLUME OF PURCHASES OR AMOUNTS HANDLED, TO BE COLLECTED FROM EACH
 PERSON ENGAGED IN THE PRODUCTION, PROCESSING, DISTRIBUTING OR THE HANDL-
 ING  OF  ANY  MARKETABLE  AGRICULTURAL  COMMODITY  AND  AQUATIC  PRODUCT
 PRODUCED OR LANDED IN THIS STATE AND DIRECTLY AFFECTED BY ANY  MARKETING
 ORDER ISSUED PURSUANT TO THIS ARTICLE FOR SUCH COMMODITY.
   (E)  CONFER  AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF
 OTHER STATES AND THE UNITED STATES.
   5. ANY MARKETING AGREEMENT OR ORDER ISSUED BY THE COMMISSIONER  PURSU-
 ANT TO THIS ARTICLE MAY CONTAIN ANY OR ALL OF THE FOLLOWING:
   (A) PROVISIONS FOR DETERMINING THE EXISTENCE AND EXTENT OF THE SURPLUS
 OF  ANY AGRICULTURAL COMMODITY, OR OF ANY GRADE, SIZE, OR QUALITY THERE-
 OF, AND PROVIDING FOR THE REGULATION AND DISPOSITION OF SUCH SURPLUS.
   (B) PROVISIONS FOR LIMITING THE TOTAL  QUANTITY  OF  ANY  AGRICULTURAL
 PRODUCT,  OR  OF  ANY  GRADE  OR  GRADES,  SIZE  OR SIZES, OR QUALITY OR
 PORTIONS OR COMBINATIONS THEREOF, WHICH MAY BE MARKETED DURING ANY SPEC-
 IFIED PERIOD OR PERIODS. SUCH TOTAL QUANTITY OF ANY  SUCH  COMMODITY  SO
 REGULATED  SHALL  NOT  BE  LESS THAN THE QUANTITY WHICH THE COMMISSIONER
 SHALL FIND IS REASONABLY  NECESSARY  TO  SUPPLY  THE  MARKET  DEMAND  OF
 CONSUMERS FOR SUCH COMMODITY.
   (C)  PROVISIONS  REGULATING  THE  PERIOD, OR PERIODS, DURING WHICH ANY
 AGRICULTURAL COMMODITY, OR ANY GRADE OR GRADES, SIZE OR SIZES OR QUALITY
 OR PORTIONS OR COMBINATIONS OF SUCH COMMODITY, MAY BE MARKETED.
   (D) PROVISIONS FOR THE ESTABLISHMENT OF  UNIFORM  GRADING,  STANDARDS,
 AND  INSPECTION  OF ANY AGRICULTURAL COMMODITY DELIVERED BY PRODUCERS OR
 OTHER PERSONS TO HANDLERS, PROCESSORS, DISTRIBUTORS OR  OTHERS  ENGAGING
 IN  THE HANDLING THEREOF, AND FOR THE ESTABLISHMENT OF GRADING OR STAND-
 ARDS OF QUALITY, CONDITION, SIZE, MATURITY OR PACK FOR ANY  AGRICULTURAL
 COMMODITY,  AND  THE INSPECTION AND GRADING OF SUCH COMMODITY IN ACCORD-
 ANCE WITH SUCH GRADING OR STANDARDS SO ESTABLISHED; AND  FOR  PROVISIONS
 S. 9008                            22                           A. 10008
 
 THAT  NO PRODUCER, HANDLER, PROCESSOR OR DISTRIBUTOR OF ANY AGRICULTURAL
 COMMODITY FOR WHICH GRADING OR STANDARDS ARE SO ESTABLISHED MAY,  EXCEPT
 AS  OTHERWISE PROVIDED IN SUCH MARKETING AGREEMENT OR ORDER, SELL, OFFER
 FOR  SALE,  PROCESS,  DISTRIBUTE  OR OTHERWISE HANDLE ANY SUCH COMMODITY
 WHETHER PRODUCED WITHIN OR WITHOUT THIS STATE, NOT MEETING AND COMPLYING
 WITH SUCH ESTABLISHED GRADING OR STANDARDS. FOR  THE  PURPOSES  OF  THIS
 ARTICLE,   THE   FEDERAL-STATE  INSPECTION  SERVICE  SHALL  PERFORM  ALL
 INSPECTIONS MADE NECESSARY BY SUCH PROVISIONS.
   (E) PROVISIONS FOR THE ESTABLISHMENT OF RESEARCH PROGRAMS DESIGNED  TO
 BENEFIT A SPECIFIED COMMODITY OR NEW YORK AGRICULTURE IN GENERAL.
   (F)  SUCH  OTHER  PROVISIONS  AS  MAY  BE  NECESSARY TO EFFECTUATE THE
 DECLARED POLICIES OF THIS ARTICLE.
   (G) PROVISIONS TO ESTABLISH MARKETING PROMOTION AND RESEARCH  PROGRAMS
 FOR  AQUATIC  PRODUCTS  WHICH  MAY INCLUDE PARAGRAPHS (A) THROUGH (F) OF
 THIS SUBDIVISION.
   6. THE COMMISSIONER MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC-
 TIVE MARKETING ORDER FOR A CONTINUING PERIOD OF NO LONGER THAN ONE GROW-
 ING AND MARKETING SEASON, IF THE PURPOSES OF  THIS  ARTICLE  ARE  DEEMED
 UNNECESSARY DURING SUCH SEASON.
   7.  IN  CARRYING  OUT  THE  PURPOSES OF THIS ARTICLE, THE COMMISSIONER
 SHALL TAKE INTO CONSIDERATION ANY AND ALL FACTS AVAILABLE TO  THEM  WITH
 RESPECT TO THE FOLLOWING ECONOMIC FACTORS:
   (A) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY AVAILABLE FOR DISTRIB-
 UTION.
   (B)  THE  QUANTITY OF SUCH AGRICULTURAL COMMODITY NORMALLY REQUIRED BY
 CONSUMERS.
   (C) THE COST OF PRODUCING SUCH AGRICULTURAL COMMODITY.
   (D) THE PURCHASING POWER OF CONSUMERS.
   (E) THE LEVEL OF PRICES OF COMMODITIES, SERVICES, AND  ARTICLES  WHICH
 THE FARMERS COMMONLY BUY.
   (F) THE LEVEL OF PRICES OF OTHER COMMODITIES WHICH COMPETE WITH OR ARE
 UTILIZED AS SUBSTITUTES FOR SUCH AGRICULTURAL COMMODITY.
   8.  THE  EXECUTION  OF  SUCH  MARKETING  AGREEMENTS SHALL IN NO MANNER
 AFFECT THE ISSUANCE, ADMINISTRATION  OR  ENFORCEMENT  OF  ANY  MARKETING
 ORDER  PROVIDED  FOR  IN  THIS  ARTICLE. THE COMMISSIONER MAY ISSUE SUCH
 MARKETING ORDER WITHOUT EXECUTING A MARKETING AGREEMENT OR MAY EXECUTE A
 MARKETING AGREEMENT WITHOUT ISSUING A MARKETING ORDER COVERING THE  SAME
 COMMODITY.  THE COMMISSIONER, IN THEIR DISCRETION, MAY HOLD A CONCURRENT
 HEARING  UPON  A  PROPOSED  MARKETING AGREEMENT AND A PROPOSED MARKETING
 ORDER IN THE MANNER PROVIDED FOR GIVING DUE NOTICE AND  OPPORTUNITY  FOR
 HEARING FOR A MARKETING ORDER AS PROVIDED IN THIS ARTICLE.
   9.  PRIOR  TO  THE ISSUANCE, AMENDMENT OR TERMINATION OF ANY MARKETING
 ORDER, THE COMMISSIONER MAY REQUIRE THE APPLICANTS  FOR  SUCH  ISSUANCE,
 AMENDMENT,  OR  TERMINATION TO DEPOSIT WITH THEM SUCH AMOUNT AS THEY MAY
 DEEM NECESSARY TO DEFRAY THE EXPENSES OF PREPARING AND MAKING  EFFECTIVE
 AMENDING OR TERMINATING A MARKETING ORDER. SUCH FUNDS SHALL BE RECEIVED,
 DEPOSITED, AND DISBURSED BY THE COMMISSIONER IN THE SAME MANNER AS OTHER
 FEES  RECEIVED  BY THE COMMISSIONER UNDER THIS ARTICLE AND, IN THE EVENT
 THE APPLICATION FOR ADOPTION, AMENDMENT OR TERMINATION  OF  A  MARKETING
 ORDER  IS APPROVED IN A REFERENDUM, THE COMMISSIONER SHALL REIMBURSE ANY
 SUCH APPLICANT IN THE AMOUNT OF ANY SUCH  DEPOSIT  FROM  ANY  UNEXPENDED
 MONIES COLLECTED UNDER THE MARKETING ORDER AFFECTED BY SUCH REFERENDUM.
   10.  ANY MONEYS COLLECTED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE
 SHALL NOT BE DEEMED STATE FUNDS AND SHALL BE  DEPOSITED  IN  A  BANK  OR
 OTHER  DEPOSITORY IN THIS STATE, APPROVED BY THE COMMISSIONER, ALLOCATED
 TO EACH MARKETING ORDER UNDER WHICH THEY ARE  COLLECTED,  AND  SHALL  BE
 S. 9008                            23                           A. 10008
 
 DISBURSED  BY  THE COMMISSIONER ONLY FOR THE NECESSARY EXPENSES INCURRED
 BY THE COMMISSIONER WITH RESPECT TO EACH SUCH SEPARATE MARKETING  ORDER,
 ALL  IN  ACCORDANCE  WITH THE RULES AND REGULATIONS OF THE COMMISSIONER.
 ALL SUCH EXPENDITURES SHALL BE AUDITED BY THE STATE COMPTROLLER AT LEAST
 ANNUALLY  AND  WITHIN THIRTY DAYS AFTER THE COMPLETION THEREOF THE STATE
 COMPTROLLER SHALL GIVE A COPY THEREOF TO THE  COMMISSIONER.  ANY  MONEYS
 REMAINING IN SUCH FUND ALLOCABLE TO ANY PARTICULAR COMMODITY AFFECTED BY
 A  MARKETING  ORDER  MAY,  IN  THE  DISCRETION  OF  THE COMMISSIONER, BE
 REFUNDED AT THE CLOSE OF ANY MARKETING SEASON UPON A PRO-RATA  BASIS  TO
 ALL  PERSONS  FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED OR, WHENEVER
 THE COMMISSIONER FINDS THAT SUCH MONEYS MAY BE NECESSARY TO  DEFRAY  THE
 COST OF OPERATING SUCH MARKETING ORDER IN A SUCCEEDING MARKETING SEASON,
 THEY MAY CARRY OVER ALL OR ANY PORTION OF SUCH MONEYS INTO THE NEXT SUCH
 SUCCEEDING  SEASON.  UPON  THE  TERMINATION  BY  THE COMMISSIONER OF ANY
 MARKETING ORDER, ALL MONEYS REMAINING AND NOT REQUIRED  BY  THE  COMMIS-
 SIONER  TO  DEFRAY THE EXPENSES OF OPERATING SUCH MARKETING ORDER, SHALL
 BE REFUNDED BY THE COMMISSIONER UPON A PRO-RATA  BASIS  TO  ALL  PERSONS
 FROM  WHOM  ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED, HOWEVER, THAT
 IF THE COMMISSIONER FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS
 TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH REFUNDS, THE
 COMMISSIONER MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY  THE
 COMMISSIONER IN THE FORMULATION, ISSUANCE, ADMINISTRATION OR ENFORCEMENT
 OF ANY SUBSEQUENT MARKETING ORDER FOR SUCH COMMODITY.
   11.  ADVISORY  BOARD.  (A) ANY MARKETING ORDER ISSUED PURSUANT TO THIS
 ARTICLE SHALL PROVIDE FOR THE ESTABLISHMENT OF  AN  ADVISORY  BOARD,  TO
 CONSIST  OF  NOT  LESS  THAN FIVE MEMBERS NOR MORE THAN NINE MEMBERS, TO
 ADVISE THE COMMISSIONER IN THE ADMINISTRATION OF SUCH MARKETING ORDER IN
 ACCORDANCE WITH ITS TERMS AND PROVISIONS.  THE  MEMBERS  OF  SUCH  BOARD
 SHALL  BE  APPOINTED  BY THE COMMISSIONER FROM NOMINATIONS RECEIVED FROM
 THE COMMODITY GROUP FOR WHICH THE MARKETING ORDER IS ESTABLISHED.  NOMI-
 NATING  PROCEDURE,  QUALIFICATION, REPRESENTATION, AND SIZE OF THE ADVI-
 SORY BOARD SHALL BE PRESCRIBED IN EACH MARKETING ORDER  FOR  WHICH  SUCH
 BOARD  IS  APPOINTED.  EACH  ADVISORY  BOARD  SHALL  BE COMPOSED OF SUCH
 PRODUCERS AND HANDLERS OR PROCESSORS AS ARE  DIRECTLY  AFFECTED  BY  THE
 MARKETING  ORDER IN SUCH PROPORTION OF REPRESENTATION AS THE ORDER SHALL
 PRESCRIBE. THE COMMISSIONER MAY APPOINT ONE  PERSON  WHO  IS  NEITHER  A
 PRODUCER  NOR PROCESSOR NOR OTHER HANDLER TO REPRESENT THE DEPARTMENT OF
 AGRICULTURE AND MARKETS OR THE PUBLIC GENERALLY.
   (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A  SALARY,  BUT  EACH
 SHALL  BE  ENTITLED  TO  REIMBURSEMENT  FOR THE MEMBER'S ACTUAL EXPENSES
 INCURRED WHILE ENGAGED IN PERFORMING THE MEMBER'S DUTIES HEREIN  AUTHOR-
 IZED.
   (C)  THE  DUTIES  AND RESPONSIBILITIES OF EACH ADVISORY BOARD SHALL BE
 PRESCRIBED BY THE COMMISSIONER, AND THEY MAY  SPECIFICALLY  DELEGATE  TO
 THE  ADVISORY  BOARD, BY INCLUSION IN THE MARKETING ORDER, ALL OR ANY OF
 THE FOLLOWING DUTIES AND RESPONSIBILITIES:
   (I) THE RECOMMENDATION TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND
 REGULATIONS RELATING TO THE MARKETING ORDER.
   (II) RECOMMENDING TO THE COMMISSIONER SUCH AMENDMENTS TO THE MARKETING
 ORDER AS SEEM ADVISABLE.
   (III) THE PREPARATION AND SUBMISSION TO THE COMMISSIONER OF THE  ESTI-
 MATED BUDGET REQUIRED OR THE PROPER OPERATION OF THE MARKETING ORDER.
   (IV) RECOMMENDING TO THE COMMISSIONER METHODS FOR ASSESSING MEMBERS OF
 THE INDUSTRY AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
 S. 9008                            24                           A. 10008
 
   (V)  ASSISTING  THE  COMMISSIONER  IN THE COLLECTION AND ASSEMBLING OF
 INFORMATION AND DATA NECESSARY  TO  THE  PROPER  ADMINISTRATION  OF  THE
 ORDER.
   (VI)  THE  PERFORMANCE  OF  SUCH  OTHER  DUTIES IN CONNECTION WITH THE
 MARKETING ORDER AS THE COMMISSIONER SHALL DESIGNATE.
   § 294. RULES AND REGULATIONS; ENFORCEMENT.  1.  THE  COMMISSIONER  MAY
 MAKE  AND  PROMULGATE  SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO
 EFFECTUATE THE PROVISIONS AND INTENT OF THIS ARTICLE AND TO ENFORCE  THE
 PROVISION  OF  ANY MARKETING AGREEMENT OR ORDER, ALL OF WHICH SHALL HAVE
 THE FORCE AND EFFECT OF LAW.
   2. THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN  EQUITY  AS
 MAY  APPEAR  NECESSARY  TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS
 ARTICLE, OR ANY  RULE  OR  REGULATION,  MARKETING  AGREEMENT  OR  ORDER,
 COMMITTED  TO  THE COMMISSIONER'S ADMINISTRATION, AND IN ADDITION TO ANY
 OTHER REMEDY UNDER ARTICLE THREE OF THIS CHAPTER OR OTHERWISE MAY  APPLY
 FOR  RELIEF  BY  INJUNCTION  IF NECESSARY TO PROTECT THE PUBLIC INTEREST
 WITHOUT BEING COMPELLED TO ALLEGE OR PROVE THAT AN  ADEQUATE  REMEDY  AT
 LAW DOES NOT EXIST. SUCH APPLICATION MAY BE MADE TO THE SUPREME COURT IN
 ANY  DISTRICT OR COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES,
 OR TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
   § 3. Sections 16-x, 16-y and 16-z of section 1 of chapter 174  of  the
 laws  of  1968, constituting the New York state urban development corpo-
 ration act, are REPEALED.
   § 4. Notwithstanding the repeal of sections 16-x,  16-y  and  16-z  of
 section  1 of chapter 174 of the laws of 1968, constituting the New York
 state urban development corporation act pursuant  to  section  three  of
 this  act  the  marketing orders, and the regulatory provisions relating
 thereto, set forth under parts 40, 200, 201, 203, 204 and 205 of title 1
 of the New York codes, rules and regulations, shall remain in full force
 and effect.
   § 5. Notwithstanding the repeal of sections 16-x,  16-y  and  16-z  of
 section  1 of chapter 174 of the laws of 1968, constituting the New York
 state urban development corporation act pursuant  to  section  three  of
 this  act, all contracts entered into pursuant to such repealed sections
 that continue in force and effect after the effective date of  this  act
 and  shall be assigned to the department of agriculture and markets, and
 all undisbursed funds under the control of the urban development  corpo-
 ration  in  connection with the marketing orders shall be transferred to
 the department of agriculture and markets on or before  the  forty-fifth
 day  following  the  effective date of this act; and any assessments due
 and payable under such marketing orders shall be remitted to the depart-
 ment of agriculture and markets beginning upon the thirtieth  day  after
 the effective date of this act.
   § 6. This act shall take effect July 1, 2026.
 
                                  PART K
 
   Section  1. Paragraph (d) of subdivision 1 of section 210-B of the tax
 law, as amended by section 1 of part C of chapter  59  of  the  laws  of
 2023, is amended to read as follows:
   (d) Except as otherwise provided in this paragraph, the credit allowed
 under this subdivision for any taxable year shall not reduce the tax due
 for such year to less than the fixed dollar minimum amount prescribed in
 paragraph  (d)  of  subdivision  one  of section two hundred ten of this
 article. However, if the amount of credit allowable under this  subdivi-
 sion  for  any  taxable  year  reduces  the tax to such amount or if the
 S. 9008                            25                           A. 10008
 
 taxpayer otherwise pays tax based on the fixed  dollar  minimum  amount,
 any  amount  of  credit  allowed  for a taxable year commencing prior to
 January first, nineteen hundred eighty-seven and not deductible in  such
 taxable  year may be carried over to the following year or years and may
 be deducted from the taxpayer's tax for such year or  years  but  in  no
 event  shall  such credit be carried over to taxable years commencing on
 or after January first, two thousand  two,  and  any  amount  of  credit
 allowed  for  a taxable year commencing on or after January first, nine-
 teen hundred eighty-seven and not deductible in such year may be carried
 over to the fifteen taxable years next following such taxable  year  and
 may be deducted from the taxpayer's tax for such year or years.  In lieu
 of  such carryover, (i) any such taxpayer which qualifies as a new busi-
 ness under paragraph (f) of this subdivision  may  elect  to  treat  the
 amount  of  such  carryover  as  an overpayment of tax to be credited or
 refunded in accordance with the provisions of section ten hundred eight-
 y-six of this chapter, and (ii) any such taxpayer that  is  an  eligible
 farmer,  as defined in subdivision eleven of this section, may for taxa-
 ble years beginning before January first,  two  thousand  [twenty-eight]
 THIRTY-THREE, elect to treat the amount of such carryover as an overpay-
 ment 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 ten hundred eighty-eight  of
 this chapter notwithstanding, no interest shall be paid thereon.
   §  2.  Paragraph 5 of subsection (a) of section 606 of the tax law, as
 amended by section 2 of part C of chapter 59 of the  laws  of  2023,  is
 amended to read as follows:
   (5)  If  the  amount of credit allowable under this subsection for any
 taxable year shall exceed the taxpayer's tax for such year,  the  excess
 allowed  for  a taxable year commencing prior to January first, nineteen
 hundred eighty-seven may be carried over to the following year or  years
 and  may be deducted from the taxpayer's tax for such year or years, but
 in no event shall such credit be carried over to taxable years  commenc-
 ing  on  or  after January first, nineteen hundred ninety-seven, and any
 amount of credit allowed for a taxable year commencing on or after Janu-
 ary first, nineteen hundred eighty-seven and not deductible in such year
 may be carried over to the ten taxable years next following such taxable
 year and may be deducted from the taxpayer's tax for such year or years.
 In lieu of carrying over any such excess, (A) a taxpayer  who  qualifies
 as  an  owner  of  a  new business for purposes of paragraph ten of this
 subsection may, at the taxpayer's  option,  receive  such  excess  as  a
 refund,  and  (B)  a  taxpayer  that is an eligible farmer as defined in
 subsection (n) of this section may, at the taxpayer's option, for  taxa-
 ble  years  beginning  before January first, two thousand [twenty-eight]
 THIRTY-THREE, receive such excess as a refund. Any refund paid  pursuant
 to  this  paragraph  shall be deemed to be a refund of an overpayment of
 tax as provided in section  six  hundred  eighty-six  of  this  article,
 provided, however, that no interest shall be paid thereon.
   § 3. This act shall take effect immediately.
 
                                  PART L
 
   Section  1.  Subparagraph  (ii)  of  paragraph (b) of subdivision 2 of
 section 1896 of the public authorities law, as amended by chapter 388 of
 the laws of 2011, is amended to read as follows:
   (ii) loans shall not exceed thirteen thousand  dollars  per  applicant
 for approved qualified energy efficiency services for residential struc-
 S. 9008                            26                           A. 10008
 
 tures, and twenty-six thousand dollars per applicant for approved quali-
 fied   energy   efficiency   services  for  non-residential  structures,
 provided, however, that the authority may permit a  loan  in  excess  of
 such amounts if the total cost of energy efficiency measures financed by
 such  loan  will [achieve] INCLUDE a payback period [of fifteen years or
 less] WHICH DOES NOT EXCEED THE USEFUL LIFE  OF  THE  ENERGY  EFFICIENCY
 MEASURES  INSTALLED, but in no event shall any such loan exceed [twenty-
 five] FIFTY thousand dollars per applicant  for  residential  structures
 and fifty thousand dollars per applicant for non-residential structures;
 and  for multi-family structures loans shall be in amounts determined by
 the authority, provided, however, that the authority shall assure that a
 significant  number  of  residential  structures  are  included  in  the
 program;
   §  2.  Paragraph  (a)  of  subdivision 5 of section 1896 of the public
 authorities law, as added by section 1 of part DD of chapter 58  of  the
 laws of 2012, is amended to read as follows:
   (a) For each loan issued for qualified energy efficiency services that
 is  to  be  repaid  through an on-bill recovery mechanism[, the New York
 state energy research and development authority shall  record,  pursuant
 to article nine of the real property law, in the office of the appropri-
 ate  recording  officer,  a  declaration  with  respect  to the property
 improved by such services of the existence of the loan and  stating  the
 total  amount  of  the  loan, the term of the loan, and that the loan is
 being repaid] through a charge on an electric or  gas  meter  associated
 with  the  property, THE ON-BILL RECOVERY LOAN AGREEMENT SHALL ALLOW FOR
 THE PURCHASER OR TRANSFEREE TO AGREE THROUGH WRITTEN EXPRESS  ASSUMPTION
 PROVIDED  IN ACCORDANCE WITH THE TERMS OF THE ON-BILL RECOVERY LOAN THAT
 THEY ARE RESPONSIBLE FOR FUTURE ON-BILL RECOVERY  CHARGES,  AND  IN  THE
 ABSENCE  OF  SUCH  WRITTEN  EXPRESS  ASSUMPTION,  THE  ORIGINAL  SELLER,
 TRANSFEROR, OR CURRENT LOAN HOLDER OF THE SUBJECT PROPERTY SHALL CONTIN-
 UE TO BE RESPONSIBLE FOR  PAYMENT  OF  SUCH  REMAINING  CHARGES  THROUGH
 DIRECT  BILLING AND PAYMENT TO THE AUTHORITY, OR ITS AGENT.  [The decla-
 ration shall further state that it  is  being  filed  pursuant  to  this
 section  and,  unless  fully  satisfied prior to sale or transfer of the
 property, the loan repayment utility meter charge shall survive  changes
 in  ownership, tenancy, or meter account responsibility and, until fully
 satisfied, shall constitute the obligation of the person responsible for
 the meter account. Such declaration shall not constitute a mortgage  and
 shall  not  create  any  security interest or lien on the property. Upon
 satisfaction of the loan, the authority  shall  file  a  declaration  of
 repayment pursuant to article nine of the real property law.]
   §  3.  Paragraph  (d)  of  subdivision 2 of section 66-m of the public
 service law, as added by chapter 388 of the laws of 2011, is amended  to
 read as follows:
   (d)  unless  fully  satisfied  prior to sale or transfer, that (i) the
 on-bill recovery charges for any services  provided  at  the  customer's
 premises  shall  survive  changes in ownership, tenancy or meter account
 responsibility IF THE NEW YORK STATE  ENERGY  RESEARCH  AND  DEVELOPMENT
 AUTHORITY  SHALL HAVE RECORDED A DECLARATION PURSUANT TO ARTICLE NINE OF
 THE REAL PROPERTY LAW WITH RESPECT TO SUCH PROPERTY FOR THE EXISTENCE OF
 AN ON-BILL RECOVERY LOAN, and (ii)  that  arrears  in  on-bill  recovery
 charges  at  the  time of account closure or meter transfer shall remain
 the responsibility of the incurring customer, unless  expressly  assumed
 by a subsequent purchaser of the property subject to such charges;
 S. 9008                            27                           A. 10008
 
   § 4. Paragraph (a) of subdivision 4 of section 242 of the real proper-
 ty  law, as added by chapter 388 of the laws of 2011, is amended to read
 as follows:
   (a)  Any person, firm, company, partnership or corporation offering to
 sell real property which is subject  to  a  green  jobs-green  New  York
 on-bill recovery charge pursuant to title nine-A of article eight of the
 public authorities law AND WHICH PROVIDES THAT SUCH CHARGE SHALL SURVIVE
 CHANGES  IN  OWNERSHIP,  TENANCY  OR METER ACCOUNT RESPONSIBILITY IF NOT
 FULLY SATISFIED PRIOR TO SALE OR TRANSFER, shall provide written  notice
 to the prospective purchaser or the prospective purchaser's agent, stat-
 ing as follows: "This property is subject to a green jobs-green New York
 on-bill  recovery charge". Such notice shall also state the total amount
 of the original charge, the payment schedule and the approximate remain-
 ing balance, a description of the energy efficiency services  performed,
 including  improvements to the property, and an explanation of the bene-
 fit of  the  green  jobs-green  New  York  qualified  energy  efficiency
 services. Such notice shall be provided by the seller prior to accepting
 a purchase offer; PROVIDED THAT SUCH NOTICE IS NOT NECESSARY IF THE LOAN
 AGREEMENT  PROVIDES  THAT  UPON SALE OR TRANSFER OF THE SUBJECT PROPERTY
 THE PURCHASER OR TRANSFEREE IS ONLY  RESPONSIBLE  FOR  ON-BILL  RECOVERY
 CHARGES  AFTER  SALE  OR  TRANSFER IF THEY AGREE THROUGH WRITTEN EXPRESS
 ASSUMPTION PROVIDED IN ACCORDANCE WITH THE TERMS OF THE ON-BILL RECOVERY
 LOAN AGREEMENT, AND IN THE ABSENCE  OF  SUCH  ASSUMPTION,  THE  ORIGINAL
 SELLER, TRANSFEROR, OR CURRENT LOAN HOLDER OF THE SUBJECT PROPERTY SHALL
 BE  RESPONSIBLE  FOR  PAYMENT  OF  SUCH REMAINING CHARGES THROUGH DIRECT
 BILLING AND PAYMENT TO THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
 MENT AUTHORITY, OR ITS AGENT.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART M
 
   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
 2024.    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, 2026  and
 such  amounts  shall  be  paid to the New York state energy research and
 development authority on or before September 10, 2026. Upon receipt, the
 New York state energy research and development authority  shall  deposit
 such  funds in the energy research and development operating fund estab-
 lished pursuant to section 1859 of the public authorities law.  The  New
 S. 9008                            28                           A. 10008
 
 York  state  energy research and development authority is authorized and
 directed to provide to the chair of the public  service  commission  and
 the  director of the budget and the chairs and secretaries of the legis-
 lative  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 such chief executive officer's 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  item-
 ized  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, 2026.
 
                                  PART N
 
   Section 1. Subdivision 12 of section 66 of the public services law  is
 amended by adding two new paragraphs (n) and (o) to read as follows:
   (N)  THE  COMMISSION SHALL REQUIRE EACH APPLICATION FOR A MAJOR CHANGE
 IN RATES FILED BY A  GAS  CORPORATION  OR  AN  ELECTRIC  CORPORATION  TO
 INCLUDE  AN  EXECUTIVE  COMPENSATION  DISCLOSURE. SUCH EXECUTIVE COMPEN-
 SATION DISCLOSURE SHALL INCLUDE: (I) THE  MEDIAN  OF  THE  ANNUAL  TOTAL
 COMPENSATION  OF ALL EMPLOYEES OF THE GAS CORPORATION OR ELECTRIC CORPO-
 RATION, EXCEPT THE  CHIEF  EXECUTIVE  OFFICER;  (II)  THE  ANNUAL  TOTAL
 COMPENSATION  OF THE CHIEF EXECUTIVE OFFICER; AND (III) THE RATIO OF THE
 AMOUNT DESCRIBED IN SUBPARAGRAPH (I) OF THIS  PARAGRAPH  TO  THE  AMOUNT
 DESCRIBED  IN  SUBPARAGRAPH (II) OF THIS PARAGRAPH. THE COMMISSION SHALL
 DEVELOP PERFORMANCE-BASED TARGETS THAT TIE COMPENSATION  FOR  THE  CHIEF
 EXECUTIVE  OFFICER  AND  OTHER MANAGEMENT POSITIONS AND RATEPAYER-FUNDED
 INCENTIVE COMPENSATION PROGRAMS TO THE ENERGY AFFORDABILITY INDEX DEVEL-
 OPED PURSUANT TO SECTION SIXTY-SIX-X OF THIS ARTICLE AND SHALL  CONSIDER
 ADJUSTMENTS TO THE CORPORATION'S RETURN ON EQUITY BASED ON SUCH METRIC.
   (O)  THE  COMMISSION SHALL REQUIRE EACH APPLICATION FOR A MAJOR CHANGE
 IN RATES FILED BY A  GAS  CORPORATION  OR  AN  ELECTRIC  CORPORATION  TO
 INCLUDE, IN ADDITION TO THE CORPORATION'S RECOMMENDED PROPOSAL, A BUDGET
 CONSTRAINED PROPOSAL THAT SEPARATELY ADDRESSES OPERATING EXPENSES, CAPI-
 TAL  EXPENDITURES,  AND PROGRAMMATIC OR POLICY EXPENDITURES. SUCH BUDGET
 CONSTRAINED PROPOSAL SHALL NOT INCREASE THE APPLICANT'S AGGREGATE REVEN-
 UES BY MORE THAN THE ANNUAL CONSUMER PRICE INDEX  INCREASES  OVER  PRIOR
 YEARS.  IN  THE  EVENT  A  RATE  PLAN  IS  ESTABLISHED BASED ON A BUDGET
 CONSTRAINED PROPOSAL, THE COMMISSION SHALL REQUIRE  THE  CORPORATION  TO
 S. 9008                            29                           A. 10008
 
 TRACK  EXPENDITURES  AND  OUTCOMES AND EXPLAIN ALL MEANINGFUL DEVIATIONS
 FROM THE APPROVED RATE PLAN.
   § 2. Subdivision 10 of section 80 of the public service law is amended
 by adding two new paragraphs (h) and (i) to read as follows:
   (H)  THE  COMMISSION SHALL REQUIRE EACH APPLICATION FOR A MAJOR CHANGE
 IN RATES FILED BY A STEAM CORPORATION TO INCLUDE  AN  EXECUTIVE  COMPEN-
 SATION DISCLOSURE. SUCH EXECUTIVE COMPENSATION DISCLOSURE SHALL INCLUDE:
 (I)  THE MEDIAN OF THE ANNUAL TOTAL COMPENSATION OF ALL EMPLOYEES OF THE
 STEAM CORPORATION, EXCEPT THE CHIEF EXECUTIVE OFFICER; (II)  THE  ANNUAL
 TOTAL  COMPENSATION  OF THE CHIEF EXECUTIVE OFFICER; AND (III) THE RATIO
 OF THE AMOUNT DESCRIBED IN SUBPARAGRAPH (I) OF  THIS  PARAGRAPH  TO  THE
 AMOUNT DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (I)  THE  COMMISSION SHALL REQUIRE EACH APPLICATION FOR A MAJOR CHANGE
 IN RATES FILED BY A STEAM CORPORATION TO INCLUDE,  IN  ADDITION  TO  THE
 CORPORATION'S  RECOMMENDED  PROPOSAL, A BUDGET CONSTRAINED PROPOSAL THAT
 SEPARATELY  ADDRESSES  OPERATING  EXPENSES,  CAPITAL  EXPENDITURES,  AND
 PROGRAMMATIC  OR  POLICY  EXPENDITURES. SUCH BUDGET CONSTRAINED PROPOSAL
 SHALL NOT INCREASE THE APPLICANT'S AGGREGATE REVENUES BY MORE  THAN  THE
 ANNUAL  CONSUMER  PRICE INDEX INCREASES OVER PRIOR YEARS. IN THE EVENT A
 RATE PLAN IS ESTABLISHED BASED ON A  BUDGET  CONSTRAINED  PROPOSAL,  THE
 COMMISSION  SHALL  REQUIRE  THE  CORPORATION  TO  TRACK EXPENDITURES AND
 OUTCOMES AND EXPLAIN ALL MEANINGFUL DEVIATIONS FROM  THE  APPROVED  RATE
 PLAN.
   §  3.  Subdivision  10  of  section  89-c of the public service law is
 amended by adding two new paragraphs (j) and (k) to read as follows:
   (J) THE COMMISSION SHALL REQUIRE EACH APPLICATION FOR A  MAJOR  CHANGE
 IN  RATES  FILED  BY  A  WATER-WORKS CORPORATION TO INCLUDE AN EXECUTIVE
 COMPENSATION DISCLOSURE. SUCH EXECUTIVE  COMPENSATION  DISCLOSURE  SHALL
 INCLUDE:  (I) THE MEDIAN OF THE ANNUAL TOTAL COMPENSATION OF ALL EMPLOY-
 EES OF THE WATER-WORKS CORPORATION, EXCEPT THE CHIEF EXECUTIVE  OFFICER;
 (II)  THE  ANNUAL TOTAL COMPENSATION OF THE CHIEF EXECUTIVE OFFICER; AND
 (III) THE RATIO OF THE AMOUNT DESCRIBED  IN  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH  TO  THE  AMOUNT  DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH.
   (K) THE COMMISSION SHALL REQUIRE EACH APPLICATION FOR A  MAJOR  CHANGE
 IN  RATES  FILED BY A WATER-WORKS CORPORATION TO INCLUDE, IN ADDITION TO
 THE CORPORATION'S RECOMMENDED PROPOSAL, A  BUDGET  CONSTRAINED  PROPOSAL
 THAT  SEPARATELY ADDRESSES OPERATING EXPENSES, CAPITAL EXPENDITURES, AND
 PROGRAMMATIC OR POLICY EXPENDITURES. SUCH  BUDGET  CONSTRAINED  PROPOSAL
 SHALL  NOT  INCREASE THE APPLICANT'S AGGREGATE REVENUES BY MORE THAN THE
 ANNUAL CONSUMER PRICE INDEX INCREASES OVER PRIOR YEARS. IN THE  EVENT  A
 RATE  PLAN  IS  ESTABLISHED  BASED ON A BUDGET CONSTRAINED PROPOSAL, THE
 COMMISSION SHALL REQUIRE  THE  CORPORATION  TO  TRACK  EXPENDITURES  AND
 OUTCOMES  AND  EXPLAIN  ALL MEANINGFUL DEVIATIONS FROM THE APPROVED RATE
 PLAN.
   § 4. Within 180 days from the effective date of this act,  the  public
 service  commission shall issue a review of the standards and procedures
 used to ensure that inappropriate utility  expenses,  including  certain
 classes of advertising and legal fees and any fines or penalties imposed
 on the utility, are not charged to ratepayers.
   §  5. This act shall take effect January 1, 2027. Effective immediate-
 ly, 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 O
 S. 9008                            30                           A. 10008
 
   Section 1. Paragraph (f) of subdivision 12 of section 66 of the public
 service law, as amended by chapter 154 of the laws of 1989,  is  amended
 to read as follows:
   (f)  Whenever  there shall be filed with the commission by any utility
 any schedule stating a new rate or charge, or any change in any form  of
 contract  or  agreement  or any rule or regulation relating to any rate,
 charge or service, or in any general privilege or facility, the  commis-
 sion may, at any time within sixty days from the date when such schedule
 would  or  has  become  effective, either upon complaint or upon its own
 initiative, and, if it so orders, without answer or other formal  plead-
 ing  by the utility, but upon reasonable notice, hold a hearing concern-
 ing the propriety of a change proposed by the filing. If such change  is
 a  major change, the commission shall hold such a hearing.  Pending such
 hearing and decision thereon, the  commission,  upon  filing  with  such
 schedule  and  delivering  to the utility, a statement in writing of its
 reasons therefor, may suspend the operation of such  schedule,  but  not
 for  a  longer period than [one hundred and twenty days] FOURTEEN MONTHS
 beyond the time when it would otherwise go into effect. After full hear-
 ing, whether completed before or after the schedule  goes  into  effect,
 the  commission  may  make  such  order in reference thereto as would be
 proper in a proceeding begun after the rate, charge, form of contract or
 agreement, rule, regulation, service, general privilege or facility  had
 become  effective.  [If  any such hearing cannot be concluded within the
 period of suspension as above stated,  the  commission  may  extend  the
 suspension  for a further period, not exceeding six months.] THE COMMIS-
 SION MAY, IN THE EXERCISE OF ITS DISCRETION, ESTABLISH A MULTIYEAR  RATE
 PLAN  THAT  SETS RATES ON AN ANNUAL BASIS FOR A PERIOD NOT TO EXCEED TWO
 YEARS. FOLLOWING THE ESTABLISHMENT OF A MULTIYEAR RATE PLAN,  A  UTILITY
 SHALL  NOT FILE FOR A FURTHER CHANGE, OTHER THAN A DE MINIMIS CHANGE, IN
 ANY RATE OR CHARGE TO BECOME EFFECTIVE DURING THE ESTABLISHED RATE  PLAN
 PERIOD.  NOTWITHSTANDING  THE  PREVIOUS SENTENCE, IF, DURING A MULTIYEAR
 RATE PLAN PERIOD, THE COMMISSION  DETERMINES  IN  THE  EXERCISE  OF  ITS
 DISCRETION  THAT A CIRCUMSTANCE HAS ARISEN THAT MEANINGFULLY THREATENS A
 UTILITY'S ECONOMIC VIABILITY OR THE UTILITY'S ABILITY TO  PROVIDE  SAFE,
 ADEQUATE, AND RELIABLE SERVICE, THEN A UTILITY MAY FILE A PROPOSAL FOR A
 FURTHER  CHANGE  IN A RATE OR CHARGE TO BE EFFECTIVE PRIOR TO THE END OF
 THE MULTIYEAR RATE PLAN PERIOD. THE UTILITY SHALL  SUPPORT  ANY  REQUEST
 FOR SUCH COMMISSION DETERMINATION THROUGH SWORN STATEMENTS AND VERIFIED,
 ACCURATE  EXHIBITS,  AND  THE  BURDEN  OF PROOF IN SUCH A SCENARIO SHALL
 REMAIN ON THE UTILITY. THE COMMISSION MAY  PROVIDE  AN  OPPORTUNITY  FOR
 DEPARTMENT  STAFF, LOCAL GOVERNMENTAL ENTITIES, AND OTHERS TO RESPOND TO
 THE UTILITY'S REQUEST.
   § 2. Paragraph (f) of subdivision 10  of  section  80  of  the  public
 service  law,  as amended by chapter 154 of the laws of 1989, is amended
 to read as follows:
   (f) Whenever there shall be filed with the commission by  any  utility
 any  schedule stating a new rate or charge, or any change in any form of
 contract or agreement or any rule or regulation relating  to  any  rate,
 charge  or service, or in any general privilege or facility, the commis-
 sion may, at any time within sixty days from the date when such schedule
 would or has become effective, either upon complaint  or  upon  its  own
 initiative,  and, if it so orders, without answer or other formal plead-
 ing by the utility, but upon reasonable notice, hold a hearing  concern-
 ing  the propriety of a change proposed by the filing. If such change is
 a major change, the commission shall hold such a hearing.  Pending  such
 hearing and decision thereon the commission, upon filing with such sche-
 S. 9008                            31                           A. 10008
 
 dule  and  delivering  to  the  utility,  a  statement in writing of its
 reasons therefor, may suspend the operation of such  schedule,  but  not
 for  a  longer period than [one hundred and twenty days] FOURTEEN MONTHS
 beyond the time when it would otherwise go into effect. After full hear-
 ing,  whether  completed  before or after the schedule goes into effect,
 the commission may make such order in  reference  thereto  as  would  be
 proper in a proceeding begun after the rate, charge, form of contract or
 agreement,  rule, regulation, service, general privilege or facility had
 become effective. [If such hearing cannot be concluded within the period
 of suspension as above stated, the commission may extend the  suspension
 for  a  further period not exceeding six months.] THE COMMISSION MAY, IN
 THE EXERCISE OF ITS DISCRETION, ESTABLISH A  MULTIYEAR  RATE  PLAN  THAT
 SETS  RATES  ON  AN  ANNUAL  BASIS FOR A PERIOD NOT TO EXCEED TWO YEARS.
 FOLLOWING THE ESTABLISHMENT OF A MULTIYEAR RATE PLAN,  A  UTILITY  SHALL
 NOT  FILE  FOR  A FURTHER CHANGE, OTHER THAN A DE MINIMIS CHANGE, IN ANY
 RATE OR CHARGE TO BECOME EFFECTIVE  DURING  THE  ESTABLISHED  RATE  PLAN
 PERIOD.  NOTWITHSTANDING  THE  PREVIOUS SENTENCE, IF, DURING A MULTIYEAR
 RATE PLAN PERIOD, THE COMMISSION  DETERMINES  IN  THE  EXERCISE  OF  ITS
 DISCRETION  THAT A CIRCUMSTANCE HAS ARISEN THAT MEANINGFULLY THREATENS A
 UTILITY'S ECONOMIC VIABILITY OR THE UTILITY'S ABILITY TO  PROVIDE  SAFE,
 ADEQUATE, AND RELIABLE SERVICE, THEN A UTILITY MAY FILE A PROPOSAL FOR A
 FURTHER  CHANGE  IN A RATE OR CHARGE TO BE EFFECTIVE PRIOR TO THE END OF
 THE MULTIYEAR RATE PLAN PERIOD. THE UTILITY SHALL  SUPPORT  ANY  REQUEST
 FOR SUCH COMMISSION DETERMINATION THROUGH SWORN STATEMENTS AND VERIFIED,
 ACCURATE  EXHIBITS,  AND  THE  BURDEN  OF PROOF IN SUCH A SCENARIO SHALL
 REMAIN ON THE UTILITY. THE COMMISSION MAY  PROVIDE  AN  OPPORTUNITY  FOR
 DEPARTMENT  STAFF, LOCAL GOVERNMENTAL ENTITIES, AND OTHERS TO RESPOND TO
 THE UTILITY'S REQUEST.
   § 3. Paragraph (f) of subdivision 10 of section  89-c  of  the  public
 service  law,  as amended by chapter 154 of the laws of 1989, is amended
 to read as follows:
   (f) Whenever there shall be filed with the commission  by  any  water-
 works  corporation  any  schedule  stating  a new rate or charge, or any
 change in any form of contract or agreement or any  rule  or  regulation
 relating  to any rate, charge or service, or in any general privilege or
 facility, the commission may, at any time within  sixty  days  from  the
 date  when  such  schedule  would  or  has become effective, either upon
 complaint or upon its own initiative, and,  if  it  so  orders,  without
 answer  or other formal pleading by the interested corporation, but upon
 reasonable notice, hold a hearing concerning the propriety of  a  change
 proposed by the filing. If such change is a major change, the commission
 shall  hold  such  a hearing. Pending such hearing and decision thereon,
 the commission, upon filing with such schedule  and  delivering  to  the
 corporation  affected  thereby  a  statement  in  writing of its reasons
 therefor, may suspend the operation of such  schedule,  but  not  for  a
 longer  period than [one hundred and twenty days] FOURTEEN MONTHS beyond
 the time when it would otherwise go into effect. After a  full  hearing,
 whether  completed  before  or  after the schedule goes into effect, the
 commission may make such order in reference thereto as would  be  proper
 in a proceeding begun after the rate, charge, form of contract or agree-
 ment,  rule,  regulation,  service,  general  privilege  or facility had
 become effective. [If any such hearing cannot be  concluded  within  the
 period  of  suspension  as  above  stated, the commission may extend the
 suspension for a further period not exceeding six months.]  THE  COMMIS-
 SION  MAY, IN THE EXERCISE OF ITS DISCRETION, ESTABLISH A MULTIYEAR RATE
 PLAN THAT SETS RATES ON AN ANNUAL BASIS FOR A PERIOD NOT TO  EXCEED  TWO
 S. 9008                            32                           A. 10008
 
 YEARS.  FOLLOWING  THE ESTABLISHMENT OF A MULTIYEAR RATE PLAN, A UTILITY
 SHALL NOT FILE FOR A FURTHER CHANGE, OTHER THAN A DE MINIMIS CHANGE,  IN
 ANY  RATE OR CHARGE TO BECOME EFFECTIVE DURING THE ESTABLISHED RATE PLAN
 PERIOD.  NOTWITHSTANDING  THE  PREVIOUS SENTENCE, IF, DURING A MULTIYEAR
 RATE PLAN PERIOD, THE COMMISSION  DETERMINES  IN  THE  EXERCISE  OF  ITS
 DISCRETION  THAT A CIRCUMSTANCE HAS ARISEN THAT MEANINGFULLY THREATENS A
 UTILITY'S ECONOMIC VIABILITY OR THE UTILITY'S ABILITY TO  PROVIDE  SAFE,
 ADEQUATE, AND RELIABLE SERVICE, THEN A UTILITY MAY FILE A PROPOSAL FOR A
 FURTHER  CHANGE  IN A RATE OR CHARGE TO BE EFFECTIVE PRIOR TO THE END OF
 THE MULTIYEAR RATE PLAN PERIOD. THE UTILITY SHALL  SUPPORT  ANY  REQUEST
 FOR SUCH COMMISSION DETERMINATION THROUGH SWORN STATEMENTS AND VERIFIED,
 ACCURATE  EXHIBITS,  AND  THE  BURDEN  OF PROOF IN SUCH A SCENARIO SHALL
 REMAIN ON THE UTILITY. THE COMMISSION MAY  PROVIDE  AN  OPPORTUNITY  FOR
 DEPARTMENT  STAFF, LOCAL GOVERNMENTAL ENTITIES, AND OTHERS TO RESPOND TO
 THE UTILITY'S REQUEST.
   § 4. This act shall take effect immediately and  shall  apply  to  any
 proposed change in rates filed on or after January 1, 2027.
 
                                  PART P
 
   Section  1.  The public service law is amended by adding a new section
 66-x to read as follows:
   § 66-X. ENERGY AFFORDABILITY INDEX. 1. BEGINNING  JANUARY  FIRST,  TWO
 THOUSAND TWENTY-SEVEN, THE COMMISSION SHALL REQUIRE EACH GAS CORPORATION
 AND ELECTRIC CORPORATION TO SUBMIT AN ANNUAL AFFORDABILITY INDEX SHOWING
 THE  ENERGY  BURDEN  OF  SUCH  CORPORATION'S  RESIDENTIAL CUSTOMERS. THE
 COMMISSION SHALL PROMULGATE RULES AND REGULATIONS ADOPTING A METHODOLOGY
 FOR GAS CORPORATIONS AND ELECTRIC CORPORATIONS TO CALCULATE AN  AFFORDA-
 BILITY INDEX.
   2.  ON  OR  BEFORE JUNE FIRST, TWO THOUSAND TWENTY-SEVEN, AND ANNUALLY
 THEREAFTER, THE COMMISSION SHALL ISSUE A REPORT ON ENERGY  AFFORDABILITY
 THAT  INCLUDES  A COMPARISON OF THE AFFORDABILITY OF RESIDENTIAL UTILITY
 SERVICE PROVIDED BY EACH GAS CORPORATION AND ELECTRIC CORPORATION IN NEW
 YORK STATE TO AFFORDABILITY DATA FROM OTHER STATES AS  REPORTED  BY  THE
 UNITED STATES ENERGY INFORMATION ADMINISTRATION.
   § 2. Subdivision 12 of section 66 of the public service law is amended
 by adding a new paragraph (p) to read as follows:
   (P)  THE  COMMISSION SHALL REQUIRE EACH APPLICATION FOR A MAJOR CHANGE
 IN RATES FILED BY A  GAS  CORPORATION  OR  AN  ELECTRIC  CORPORATION  TO
 INCLUDE  AN  AFFORDABILITY  INDEX  THAT  SHOWS THE ENERGY BURDEN OF SUCH
 CORPORATION'S RESIDENTIAL CUSTOMERS AT THE TIME OF FILING AND  WHAT  THE
 ENERGY  BURDEN  WOULD  BE FOLLOWING THE CORPORATION'S PROPOSED CHANGE IN
 RATES, AS CALCULATED USING THE METHODOLOGY  ADOPTED  BY  THE  COMMISSION
 PURSUANT TO SECTION SIXTY-SIX-X OF THIS ARTICLE.
   §  3.  Section 66 of the public service law is amended by adding a new
 subdivision 33 to read as follows:
   33. FOLLOWING ANY COMMISSION DECISION THAT  ESTABLISHES  A  CHANGE  IN
 RATES  THAT  RESULTS  IN AN ENERGY BURDEN GREATER THAN THREE PERCENT FOR
 RESIDENTIAL ELECTRIC SERVICE OR GREATER THAN THREE PERCENT FOR  RESIDEN-
 TIAL  GAS  SERVICE,  HAVE  POWER TO INSTALL AN INDEPENDENT AFFORDABILITY
 MONITOR INSIDE ANY GAS CORPORATION OR ELECTRIC CORPORATION  FOR  A  TIME
 PERIOD  DETERMINED  BY  THE COMMISSION BUT FOR NO LESS THAN ONE YEAR. IN
 EVERY CASE IN WHICH THE COMMISSION CHOOSES TO INSTALL  AN  AFFORDABILITY
 MONITOR,  IT  SHALL HAVE AUTHORITY TO SELECT THE MONITOR, AND TO REQUIRE
 THE ELECTRIC CORPORATION, GAS CORPORATION, OR ELECTRIC  AND  GAS  CORPO-
 RATION  BEING MONITORED TO ENTER INTO A CONTRACT WITH THE MONITOR TO PAY
 S. 9008                            33                           A. 10008

 FOR THE MONITOR'S SERVICES AT SUCH CORPORATION'S EXPENSE. SUCH  CONTRACT
 SHALL  PROVIDE  FURTHER  THAT  THE  MONITOR SHALL WORK FOR AND UNDER THE
 DIRECTION OF THE COMMISSION ACCORDING TO SUCH TERMS  AS  THE  COMMISSION
 MAY  DETERMINE  ARE NECESSARY AND REASONABLE. SUCH AFFORDABILITY MONITOR
 SHALL HAVE POWER TO EXAMINE THE  ACCOUNTS,  BOOKS,  CONTRACTS,  RECORDS,
 DOCUMENTS  AND  PAPERS  OF THE CORPORATION AND SHALL HAVE FULL ACCESS TO
 MANAGEMENT MEETINGS IN ORDER TO REVIEW UTILITY OPERATIONS  AND  EXPENDI-
 TURES.  THE  AFFORDABILITY  MONITOR  SHALL  REPORT TO THE COMMISSION THE
 PRIMARY COST DRIVERS THAT CAUSED THE ENERGY BURDEN  TO  RISE  MORE  THAN
 THREE PERCENT, AND ANY OPPORTUNITIES FOR COST SAVINGS.
   §  4. This act shall take effect January 1, 2027. Effective immediate-
 ly, 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 Q
 
   Section 1. Subdivision 1 of section 235-a of the real property law, as
 amended by chapter 143 of the laws  of  2020,  is  amended  to  read  as
 follows:
   1.  In  any  case  in which a residential tenant shall lawfully make a
 payment to a utility company pursuant to  the  provisions  of  [sections
 thirty-three,]  SECTION  thirty-four  [and  one  hundred sixteen] of the
 public service law, or to a utility company as  defined  in  subdivision
 twenty-three of section two of the public service law, public authority,
 water-works  corporation,  as  defined  in  subdivision  twenty-seven of
 section two of the public service law, or  municipal  water  system,  as
 prescribed in section eighty-nine-l of the public service law, for water
 service which a landlord is responsible for but has failed or refused to
 provide  payment  therefor,  such  payment  shall be deductible from any
 future payment of rent.
   § 2. Section 33 of the public service law, as added by chapter 713  of
 the  laws of 1981, paragraphs (c) and (d) of subdivision 1 as amended by
 chapter 195 of the laws of 2010, is amended to read as follows:
   § 33. Discontinuance of residential utility service to multiple dwell-
 ings. 1. Notwithstanding any other provisions of law, no public  utility
 company or municipality shall discontinue gas, electric or steam service
 to  an entire multiple dwelling (as defined in the multiple dwelling law
 or the multiple residence  law)  located  anywhere  in  this  state  for
 nonpayment of bills rendered for service [unless such]. A PUBLIC UTILITY
 COMPANY  OR MUNICIPALITY MAY COMMENCE AN ACTION AGAINST THE OWNER OF THE
 PREMISES AFFECTED SEEKING A LIEN AGAINST SUCH MULTIPLE DWELLING FOR  THE
 AMOUNT  OF  SUCH  UTILITY BILLS. A utility shall have given fifteen days
 written notice of its intention so to [discontinue] SEEK  SUCH  LIEN  as
 follows:
   (a)  Such  notice shall be served personally on the owner of the prem-
 ises affected, or in lieu thereof, to the person, firm,  or  corporation
 to whom or which the last preceding bill has been rendered and from whom
 or  which  the  utility has received payment therefor, and to the super-
 intendent or  other  person  in  charge  of  the  building  or  premises
 affected,  if  it  can  be readily ascertained that there is such super-
 intendent or other person in charge.
   (b) In lieu of personal delivery to the person  or  persons,  firm  or
 corporation specified in PARAGRAPH (a) [above] OF THIS SUBDIVISION, such
 notice may be mailed in a postpaid wrapper to the address of such person
 or persons, firm or corporation.
 S. 9008                            34                           A. 10008
 
   (c)  In  addition  to the notice prescribed by paragraph (a) or (b) of
 this subdivision, fifteen days written notice shall be (i) posted in the
 public areas of such multiple dwelling, (ii) mailed to the "Occupant" of
 each unit in that multiple dwelling, (iii) mailed to  the  local  health
 officer  and  the director of the social services district for the poli-
 tical subdivision in which the multiple dwelling is located, (iv) if the
 multiple dwelling is located in a city or a village, mailed to the mayor
 thereof, or if there be none, to the manager, or, if the multiple dwell-
 ing is located in a town, then mailed to the town supervisor, (v) mailed
 to the county executive of the county in which the multiple dwelling  is
 located, or if there be none, then to the [chairman] CHAIRPERSON of such
 county's legislative body, and (vi) mailed to the office of the New York
 state  long  term care ombudsman, if the multiple dwelling is a residen-
 tial health care facility as defined in  subdivision  three  of  section
 twenty-eight hundred one of the public health law, an adult care facili-
 ty  as  defined  in  subdivision twenty-one of section two of the social
 services law, or an assisted living residence as defined in  subdivision
 one  of  section forty-six hundred fifty-one of the public health law as
 added by chapter two of the laws of two thousand four.  Notice  required
 by  subparagraphs  (iv)  and  (v) of this paragraph may be mailed to the
 persons specified therein or to their respective designees.  The  notice
 required  by this paragraph shall state [the intended date of discontin-
 uance of service,] the amount due for such service, and  [the  procedure
 by  which  any tenant or public agency may make such payment and thereby
 avoid discontinuance of service] THAT THE UTILITY WILL  NOT  DISCONTINUE
 SERVICE AND SHALL SEEK A LIEN AGAINST THE OWNER.
   [(d) The written notice required by subparagraphs (iii), (iv), (v) and
 (vi)  of  paragraph  (c)  of this subdivision shall be repeated not more
 than four days nor less than two days prior to such discontinuance.
   1-a. Whenever a notice of intention to discontinue utility service has
 been made pursuant to the provisions of  this  section  and  obligations
 owed  the  utility  or  municipality have been satisfied, the utility or
 municipality shall notify, in the same manner as it gave such notice  of
 intention,  the  occupant of each unit that the intention to discontinue
 utility service no longer exists.]
   2. For the purposes of  this  section,  the  department  charged  with
 enforcing  the  multiple  dwelling  law  shall prepare a schedule of all
 multiple dwellings within its jurisdiction and shall provide a  copy  of
 such  schedule to any gas, steam or electric corporation or municipality
 subject to the provisions  of  this  section.  Such  schedule  shall  be
 revised  semi-annually  and a revised copy provided to such corporation.
 Every county, and every municipality to which the multiple dwelling  law
 does  not  apply, which county or municipality has compiled or hereafter
 may compile a listing of all multiple dwellings within its  jurisdiction
 shall  make  such  listing available without charge to any gas, steam or
 electric corporation providing service in such county or municipality.
   3. [Any gas, electric or steam corporation or municipality which will-
 fully fails to comply with the  provisions  of  this  section  shall  be
 liable  for  a  penalty of twenty-five dollars for each occupied unit of
 the multiple dwelling for each day during which  service  is  unlawfully
 discontinued;  provided, however, that when the only non-compliance with
 this section is failure to mail notice to each "Occupant" as required by
 clause (ii) of paragraph (c) of subdivision one above the penalty  shall
 be  twenty-five  dollars for each occupied unit of the multiple dwelling
 to which notice was not mailed for each  day  during  which  service  is
 unlawfully  discontinued.  An  action  to  recover  a penalty under this
 S. 9008                            35                           A. 10008

 section may be brought by the counsel to the commission in any court  of
 competent  jurisdiction  in  this state in the name of the people of the
 state of New York. Any moneys recovered in such action shall be paid  to
 the state treasury to the credit of the general fund.
   4.] Any person who willfully interferes with the posting of the notice
 specified  in  [clause] SUBPARAGRAPH (i) of paragraph (c) of subdivision
 one [above] OF THIS SECTION by any gas, steam or electric corporation or
 municipality, willfully defaces or mutilates any such notice,  or  will-
 fully removes the same from the place where it is posted by such company
 prior  to  the  date specified therein for the discontinuance of service
 shall be guilty of a violation and, upon conviction, shall  be  punished
 by a fine not exceeding twenty-five dollars.
   [5.  The  commission  shall  maintain  rules  and  regulations for the
 payment by tenants of utility bills for gas, electric or  steam  service
 in  a multiple dwelling to which this section applies where the owner of
 any such multiple dwelling, or the person, firm or corporation  to  whom
 or which the last preceding bill has been rendered or from whom or which
 the utility or municipality has received payment therefor, has failed to
 pay  such  utility  bills.  Such rules and regulations shall (a) provide
 that utility service may not be discontinued to any such multiple dwell-
 ing as long as the tenants continue to make timely payments  in  accord-
 ance  with  established procedures; (b) include designation of an office
 to advise tenants of the rights and  procedures  available  pursuant  to
 such  rules and regulations; (c) assure that tenants shall not be liable
 for bills more than two months in arrears; and (d) require  the  commis-
 sion  upon petition of twenty-five percent of the tenants of such multi-
 ple dwelling to meet with representatives of such tenants and the owner,
 person, firm or corporation to whom or which the last preceding bill has
 been rendered or from whom or which the  utility  has  received  payment
 therefor.]
   §  3. Section 116 of the public service law, as amended by chapter 713
 of the laws of 1981, subdivision 5 as separately amended by chapter  511
 of the laws of 1981, is amended to read as follows:
   § 116. Discontinuance  of  water  service  to  multiple  dwellings. 1.
 Notwithstanding any other provisions of law, no public  utility  company
 shall  discontinue  water  service  to  an  entire multiple dwelling (as
 defined in the multiple dwelling law  or  the  multiple  residence  law)
 located  anywhere  in  this  state  for nonpayment of bills rendered for
 service [unless such]. A PUBLIC  UTILITY  COMPANY  OR  MUNICIPALITY  MAY
 COMMENCE  AN ACTION AGAINST THE OWNER OF THE PREMISES AFFECTED SEEKING A
 LIEN AGAINST SUCH MULTIPLE DWELLING  FOR  THE  AMOUNT  OF  SUCH  UTILITY
 BILLS.  A  utility  shall have given fifteen days' written notice of its
 intention so to [discontinue] SEEK SUCH LIEN as follows:
   (a) Such notice shall be served personally on the owner of  the  prem-
 ises  affected,  or in lieu thereof, to the person, firm, or corporation
 to whom or which the last preceding bill has been rendered and from whom
 or which the utility has received payment therefor, and  to  the  super-
 intendent  or  other  person  in  charge  of  the  building  or premises
 affected, if it can be readily ascertained that  there  is  such  super-
 intendent or other person in charge.
   (b)  In  lieu  of  personal delivery to the person or persons, firm or
 corporation specified in PARAGRAPH (a) [above] OF THIS SUBDIVISION, such
 notice may be mailed in a postpaid wrapper to the address of such person
 or persons, firm or corporation.
   (c) In addition to the notice  prescribed  by  PARAGRAPH  (a)  or  (b)
 [above]  OF  THIS SUBDIVISION, fifteen days' written notice shall be (i)
 S. 9008                            36                           A. 10008
 
 posted in the public areas of such multiple dwelling, (ii) mailed to the
 "Occupant" of each unit in that multiple dwelling, (iii) mailed  to  the
 local  health  officer  and the director of the social services district
 for the political subdivision in which the multiple dwelling is located,
 (iv)  if the multiple dwelling is located in a city or a village, mailed
 to the mayor thereof, or if there be none, to the manager,  or,  if  the
 multiple dwelling is located in a town, then mailed to the town supervi-
 sor,  and  (v) mailed to the county executive of the county in which the
 multiple dwelling is located, or if there be none, then to  the  [chair-
 man]  CHAIRPERSON  of such county's legislative body. Notice required by
 SUBPARAGRAPHS (iv) and (v) of  this  paragraph  may  be  mailed  to  the
 persons  specified  therein or to their respective designees. The notice
 required by this paragraph shall state the [intended date of  discontin-
 uance  of  service, the] amount due for such service, and [the procedure
 by which any tenant or public agency may make such payment  and  thereby
 avoid  discontinuance  of service] THAT THE UTILITY WILL NOT DISCONTINUE
 SERVICE AND SHALL SEEK A LIEN AGAINST THE OWNER.
   [(d) The written notice required by clauses (iii),  (iv)  and  (v)  of
 paragraph  (c)  above shall be repeated not more than four days nor less
 than two days prior to such discontinuance.
   1-a. Whenever a notice of intention to discontinue utility service has
 been made pursuant to the provisions of  this  section  and  obligations
 owed  the  utility have been satisfied, the utility shall notify, in the
 same manner as it gave such notice of intention, the  occupant  of  each
 unit  that  the  intention  to  discontinue  utility  service  no longer
 exists.]
   2. For the purposes of  this  section,  the  department  charged  with
 enforcing  the  multiple  dwelling  law  shall prepare a schedule of all
 multiple dwellings within its jurisdiction and shall provide a  copy  of
 such schedule to any water corporation subject to the provisions of this
 section. Such schedule shall be revised semi-annually and a revised copy
 provided  to  such  corporation. Every county, and every municipality to
 which the multiple dwelling law does not apply, which county or  munici-
 pality  has  compiled or hereafter may compile a listing of all multiple
 dwellings within its jurisdiction  shall  make  such  listing  available
 without charge to any water corporation providing service in such county
 or municipality.
   3.  [Any  water  corporation  which willfully fails to comply with the
 provisions of this section shall be liable for a penalty of  twenty-five
 dollars  for  each  occupied  unit of the multiple dwelling for each day
 during which service is unlawfully discontinued; provided, however, that
 when the only non-compliance with this section is failure to mail notice
 to each "Occupant" as required by clause (ii) of paragraph (c) of subdi-
 vision one above the penalty shall be twenty-five dollars for each occu-
 pied unit of the multiple dwelling to which notice was  not  mailed  for
 each  day during which service is unlawfully discontinued.  An action to
 recover a penalty under this section may be brought by  the  counsel  to
 the  commission  in any court of competent jurisdiction in this state in
 the name of the people of the state of New York. Any monies recovered in
 such action shall be paid to the state treasury to  the  credit  of  the
 general fund.
   4.] Any person who willfully interferes with the posting of the notice
 specified  in  [clause] SUBPARAGRAPH (i) of paragraph (c) of subdivision
 one [above] OF THIS SECTION by any water corporation, willfully  defaces
 or  mutilates  any  such  notice, or willfully removes the same from the
 place where it is posted by such company prior  to  the  date  specified
 S. 9008                            37                           A. 10008
 
 therein for the discontinuance of service shall be guilty of a violation
 and,  upon conviction, shall be punished by a fine not exceeding twenty-
 five dollars.
   [5.  The  commission  shall  maintain  rules  and  regulations for the
 payment by tenants of utility bills for  water  service  in  a  multiple
 dwelling  to  which  this  section  applies  where the owner of any such
 multiple dwelling, or the person, firm or corporation to whom  or  which
 the  last  preceding  bill  has  been rendered or from whom or which the
 utility has received payment therefore, has failed to pay  such  utility
 bills. Such rules and regulations shall (i) provide that utility service
 may  not  be  discontinued  to any such multiple dwelling as long as the
 tenants continue to make timely payments in accordance with  established
 procedures;  (ii)  include designation of an office to advise tenants of
 the rights and procedures available pursuant to  such  rules  and  regu-
 lations;  (iii)  assure  that tenants shall not be liable for bills more
 than two months in arrears; and (iv) require the commission  upon  peti-
 tion  of twenty-five percent of the tenants of such multiple dwelling to
 meet with representatives of such tenants and the owner, person, firm or
 corporation to whom or which the last preceding bill has  been  rendered
 or from whom or which the utility has received payment therefore.]
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART R
 
   Section 1. Subdivision  5  of  section  8-0105  of  the  environmental
 conservation  law,  as  amended  by  chapter 228 of the laws of 1976, is
 amended and two new subdivisions 11 and 12 are added to read as follows:
   5. "Actions" do not include:
   (i)  enforcement  proceedings  or  the   exercise   of   prosecutorial
 discretion in determining whether or not to institute such proceedings;
   (ii)  official  acts of a ministerial nature, involving no exercise of
 discretion;
   (iii) maintenance  or  repair  involving  no  substantial  changes  in
 [exsiting] EXISTING structure or facility.
   11. "PREVIOUSLY DISTURBED SITE" MEANS A PARCEL OF LAND THAT:
   (I) HAS BEEN DEVELOPED PRIOR TO TWO YEARS BEFORE THE APPLICATION FOR A
 PERMIT OR AUTHORIZATION FOR AN ACTION;
   (II)  IS SUBSTANTIALLY ALTERED BY ONE OR MORE OF THE FOLLOWING USES OR
 A COMBINATION THEREOF, WHETHER CURRENTLY IN USE,  ABANDONED,  OR  DEMOL-
 ISHED:    BUILDINGS OR STRUCTURES, IMPERVIOUS SURFACES, MAINTAINED LAWNS
 OR OTHER NON-VEGETATED MAINTAINED AREAS, OR PUBLIC INFRASTRUCTURE UTILI-
 TIES;
   (III) IS NOT LOCATED IN A FEDERAL EMERGENCY MANAGEMENT  AGENCY  (FEMA)
 DESIGNATED 100-YEAR FLOODPLAIN; AND
   (IV)  HAS  NOT BEEN USED FOR AGRICULTURAL PURPOSES WITHIN THREE OF THE
 LAST FIVE YEARS BEFORE THE APPLICATION FOR A PERMIT OR AUTHORIZATION FOR
 AN ACTION.
   12. "SMALL COMMUNITY WATER SYSTEM" MEANS A PUBLIC WATER  SYSTEM  WHICH
 SERVES AT LEAST FIVE SERVICE CONNECTIONS USED BY YEAR-ROUND RESIDENTS OR
 REGULARLY  SERVES  AT LEAST TWENTY-FIVE YEAR-ROUND RESIDENTS, AND SERVES
 THIRTY-THREE HUNDRED OR FEWER PERSONS.
   § 2. The opening paragraph of subdivision 4 of section 8-0109  of  the
 environmental  conservation law, as amended by chapter 49 of the laws of
 2023, is amended to read as follows:
 S. 9008                            38                           A. 10008
 
   As early as possible in the formulation of a proposal  for  an  action
 BUT  NOT MORE THAN ONE YEAR FROM THE ESTABLISHMENT OF A LEAD AGENCY, the
 responsible agency shall make an initial determination as to whether  an
 environmental  impact  statement  need  be  prepared  for the action. In
 making such determination for any proposed action the responsible agency
 shall  consider  whether  such action may cause or increase a dispropor-
 tionate pollution burden on a disadvantaged community that  is  directly
 or  significantly  indirectly affected by such action. When an action is
 to be carried out or approved by two or  more  agencies,  such  determi-
 nation  shall  be made as early as possible after the designation of the
 lead agency.
   § 3. Subdivision 5 of section 8-0109 of the environmental conservation
 law is amended by adding a second  undesignated  paragraph  to  read  as
 follows:
   NOTWITHSTANDING  THE  SPECIFIED TIME PERIODS ESTABLISHED BY THIS ARTI-
 CLE, FOR ACTIONS INVOLVING APPLICATIONS FOR A PERMIT  OR  AUTHORIZATION,
 THE  AGENCY  SHALL  PREPARE  AND MAKE AVAILABLE THE ENVIRONMENTAL IMPACT
 STATEMENT WITHIN TWO YEARS AFTER THE DATE A DRAFT  ENVIRONMENTAL  IMPACT
 STATEMENT  IS  DETERMINED  TO BE REQUIRED, UNLESS THE AGENCY EXTENDS THE
 DEADLINE IN WRITING AND, IN CONSULTATION WITH AN APPLICANT  AND  AT  THE
 DISCRETION  OF THE AGENCY, ESTABLISHES A NEW DEADLINE THAT PROVIDES ONLY
 SO MUCH ADDITIONAL TIME AS IS NECESSARY TO  COMPLETE  THE  ENVIRONMENTAL
 IMPACT  STATEMENT,  CONSIDERING ANY CHANGES MADE BY THE APPLICANT TO THE
 PROJECT DESIGN AFTER THE ISSUANCE OF THE SCOPING DOCUMENT THAT RESULT IN
 NEW SIGNIFICANT ENVIRONMENTAL IMPACTS, OR ADDITIONAL ACTIONS THAT  COULD
 NOT  HAVE  BEEN REASONABLY ANTICIPATED DURING SCOPING, OR THE FAILURE OF
 AN APPLICANT TO PROVIDE NECESSARY INFORMATION DESPITE GOOD FAITH  EFFORT
 BY  AN AGENCY, OR DELAY IN CIRCUMSTANCES BEYOND THE CONTROL OF AN AGENCY
 OR AN APPLICANT.
   § 4. Subdivision 5 of section 8-0111 of the environmental conservation
 law is amended by adding five new paragraphs (d), (e), (f), (g) and  (h)
 to read as follows:
   (D)  ACTIONS  INVOLVING  THE CONSTRUCTION OF HOUSING IN CITIES, TOWNS,
 AND VILLAGES WITH POPULATIONS OF ONE MILLION OR MORE, PROVIDED THAT SUCH
 ACTIONS MEET ALL OF THE FOLLOWING CRITERIA:
   (I) SUCH ACTIONS SHALL NOT INVOLVE  PROJECTS  THAT  WOULD  BE  LOCATED
 WITHIN  A  COASTAL  FLOODING  AREA,  AS DESIGNATED BY THE RELEVANT LOCAL
 AGENCY;
   (II) SUCH ACTIONS SHALL NOT INVOLVE PROJECTS LOCATED  WITHIN  AN  AREA
 ZONED  EXCLUSIVELY  FOR  INDUSTRIAL  USES, AS DESIGNATED BY THE RELEVANT
 LOCAL AGENCY;
   (III) FOR ANY SUCH ACTIONS THAT INVOLVE PROJECTS  THAT  WOULD  INCLUDE
 RESIDENTIAL AND NON-RESIDENTIAL USES, ANY SUCH PROJECTS SHALL CONTAIN NO
 MORE THAN FIFTY THOUSAND SQUARE FEET OF NON-RESIDENTIAL USES; AND
   (IV) FOR ANY SUCH ACTIONS THAT INVOLVE PROJECTS THAT MEET THE CRITERIA
 IN  SUBPARAGRAPHS  (I),  (II),  AND  (III)  OF  THIS PARAGRAPH, ANY SUCH
 PROJECTS SHALL NOT EXCEED TWO HUNDRED FIFTY  DWELLING  UNITS.  PROVIDED,
 HOWEVER,  THAT FOR ANY SUCH ACTIONS THAT INVOLVE PROJECTS LOCATED WITHIN
 MEDIUM- OR HIGH-DENSITY RESIDENTIAL OR MEDIUM- OR HIGH-DENSITY MIXED-USE
 DISTRICTS, AS DESIGNATED BY THE RELEVANT LOCAL AGENCY, ANY SUCH PROJECTS
 SHALL NOT EXCEED FIVE HUNDRED DWELLING UNITS.
   (E) ACTIONS INVOLVING CONSTRUCTION OF HOUSING IN  CITIES,  TOWNS,  AND
 VILLAGES  WITH  POPULATIONS  OF FEWER THAN ONE MILLION PERSONS, PROVIDED
 THAT SUCH ACTIONS MEET ALL OF THE FOLLOWING CRITERIA:
 S. 9008                            39                           A. 10008
 
   (I) SUCH ACTIONS INVOLVE PROJECTS THAT SHALL BE CONNECTED TO  EXISTING
 COMMUNITY  OR  PUBLIC  WATER AND SEWERAGE SYSTEMS AT THE COMMENCEMENT OF
 HABITATION;
   (II)  SUCH  ACTIONS INVOLVE PROJECTS THAT SHALL BE LOCATED AT A PREVI-
 OUSLY DISTURBED SITE;
   (III) FOR ANY SUCH ACTIONS  INVOLVING  MIXED-USE  PROJECTS,  ANY  SUCH
 PROJECTS  SHALL  CONTAIN NO MORE THAN FIFTY THOUSAND SQUARE FEET OF NON-
 RESIDENTIAL USES OR TWENTY PERCENT NON-RESIDENTIAL USES BY  GROSS  FLOOR
 AREA, WHICHEVER IS LESS; AND
   (IV)  SUCH  ACTIONS INVOLVE PROJECTS THAT SHALL NOT EXCEED ONE HUNDRED
 DWELLING UNITS.
   (F) ACTIONS OCCURRING AT A PREVIOUSLY  DISTURBED  SITE  INVOLVING  THE
 FOLLOWING:
   (I)  CONSTRUCTION  OF  PUBLIC  PARKS  THAT  DO NOT INCLUDE PERFORMANCE
 CENTERS, ATHLETIC STADIUMS, OR OTHER VENUES FOR MASS GATHERINGS;
   (II) CONSTRUCTION OF MULTI-USE BICYCLE AND PEDESTRIAN TRAILS; OR
   (III) CONSTRUCTION OF NEW OR RENOVATED CHILDCARE FACILITIES THAT  WILL
 BE  CONNECTED TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS
 AT THE COMMENCEMENT OF USE.
   (G) ACTIONS INVOLVING WATER  AND  WASTEWATER  INFRASTRUCTURE  PROJECTS
 THAT MEET THE FOLLOWING CRITERIA:
   (I)  REPLACEMENT,  REHABILITATION OR RECONSTRUCTION OF MUNICIPAL WATER
 OR WASTEWATER INFRASTRUCTURE, IN-KIND AND ON THE  SAME  SITE,  INCLUDING
 LEAD SERVICE LINE REPLACEMENT; OR
   (II)  REPLACEMENT,  REHABILITATION,  UPGRADES  OR RECONSTRUCTION OF AN
 EXISTING SMALL COMMUNITY WATER SYSTEM; OR
   (III) A PROJECT TO PROVIDE SEWER SERVICE TO A DISADVANTAGED  COMMUNITY
 SERVED  BY ONE OR MORE INADEQUATE SEWAGE TREATMENT SYSTEMS THAT HAS BEEN
 DETERMINED BY THE DEPARTMENT NOT TO REQUIRE A PERMIT OR APPROVAL  PURSU-
 ANT  TO  ARTICLES FIFTEEN, TWENTY-FOUR OR TWENTY-FIVE OF THIS CHAPTER OR
 ANY RULES OR REGULATIONS PROMULGATED THEREUNDER.
   (H) ACTIONS CONSISTING OF THE RETROFIT OF AN  EXISTING  STRUCTURE  AND
 ITS APPURTENANT AREAS TO INCORPORATE GREEN INFRASTRUCTURE.
   §  5.  Section 8-0111 of the environmental conservation law is amended
 by adding a new subdivision 7 to read as follows:
   7. STATUTE OF LIMITATIONS. THE TIME TO COMMENCE A PROCEEDING TO REVIEW
 AN AGENCY DETERMINATION UNDER THE PROVISIONS OF THIS  ARTICLE  OR  UNDER
 THE  RULES  OR  REGULATIONS  IMPLEMENTING THE PROVISIONS OF THIS ARTICLE
 SHALL BEGIN TO ACCRUE WHEN THE AGENCY DETERMINATION TO APPROVE OR DISAP-
 PROVE THE ACTION BECOMES FINAL AND BINDING UPON THE  PETITIONER  OR  THE
 PERSON WHOM THE PETITIONER REPRESENTS IN LAW OR IN FACT.
   §  6.  Nothing contained in this act shall be interpreted or construed
 as modifying or affecting any authorizations,  requirements,  or  proce-
 dures under the national historic preservation act of 1966, the New York
 state  historic  preservation  act  of  1980,  the parks, recreation and
 historic preservation law, or any other state or local law governing the
 identification, protection, or management  of  historic  properties,  or
 under  any  rules  or  regulations  promulgated  thereunder.  Nor  shall
 anything in this act be interpreted or construed as modifying or affect-
 ing any authorizations, requirements, or  procedures  other  than  those
 pertaining  to  environmental  review conducted pursuant to article 8 of
 the environmental conservation law and any state and  local  regulations
 promulgated thereunder.
   §  7.  This  act  shall take effect immediately and shall apply to all
 pending proceedings on and after such effective date; provided, however,
 that actions for which  a  determination  to  require  an  environmental
 S. 9008                            40                           A. 10008
 
 impact  statement are made prior to the effective date of this act shall
 not be subject to the provisions of this act.
 
                                  PART S
 
   Section  1.  Subdivisions  2  and 3 of section 54-1521 of the environ-
 mental conservation law, as amended by section 1 of part CCC of  chapter
 55  of the laws of 2021, paragraph a of subdivision 2 and paragraph a of
 subdivision 3 as amended by section 1 of part CCC of chapter 58  of  the
 laws of 2025, are amended to read as follows:
   2.  a. Until April 1, 2029, the commissioner, in consultation with the
 New York state energy research and development authority, is  authorized
 to  issue  rebates  until  the annual allocation is exhausted to munici-
 palities toward the cost of any eligible infrastructure  projects  which
 support the development of clean vehicles.
   b.  The  department,  in  consultation  with the New York state energy
 research and development authority, shall determine the  amount  of  the
 rebate for eligible infrastructure projects[, provided that an applicant
 for  such  eligible  infrastructure project rebate may receive a maximum
 rebate of two hundred fifty  thousand  dollars  per  facility,  provided
 however that infrastructure projects that will maximize access by multi-
 ple public users who might otherwise not have access may receive a maxi-
 mum of three hundred thousand dollars per facility].
   3.  a. Until April 1, 2029, the commissioner, in consultation with the
 New York state energy research and development authority, is  authorized
 to  issue  rebates  until  the annual allocation is exhausted to munici-
 palities toward the cost of eligible purchases of clean vehicles.
   b. The department, in consultation with  the  New  York  state  energy
 research  and  development  authority, shall determine the amount of the
 rebate taking into consideration the electric  range  of  the  vehicle[,
 provided  that  a  rebate of an eligible purchase shall be not less than
 two thousand five hundred dollars per vehicle and not  more  than  seven
 thousand five hundred dollars per vehicle].
   § 2. This act shall take effect immediately.
 
                                  PART T
 
   Section  1. Section 2 of chapter 584 of the laws of 2011, amending the
 public authorities law relating to the powers and duties of the dormito-
 ry authority of the state of New York relative to the  establishment  of
 subsidiaries  for certain purposes, as amended by section 1 of part V of
 chapter 58 of the laws of 2024, is amended to read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed on July 1, [2026] 2028; provided however, that the expi-
 ration  of  this  act  shall  not  impair or otherwise affect any of the
 powers, duties, responsibilities, functions, rights  or  liabilities  of
 any  subsidiary  duly  created  pursuant  to  subdivision twenty-five of
 section 1678 of the public authorities law prior to such expiration.
   § 2. This act shall take effect immediately.
 
                                  PART U
 
   Section 1. This Part enacts into law components of legislation  relat-
 ing  to  the conveyance and use of real property owned and maintained by
 the state university of New York and the New York  state  department  of
 transportation.  Each  component  is  wholly  contained within a Subpart
 S. 9008                            41                           A. 10008
 
 identified as Subparts A through C. The effective date for each  partic-
 ular  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 refer-
 ence  to  a  section  "of  this  act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  section  of the Subpart in which it is found. Section three of
 this Part sets forth the general effective date of this Part.
 
                                 SUBPART A
 
   Section 1. Legislative findings. The legislature finds that the  state
 university  of  New  York  at  Farmingdale  ("Farmingdale") seeks to use
 approximately 8.7 acres of vacant land on Farmingdale's campus to  build
 multi-purpose  facilities  to support housing needs and supporting amen-
 ities, fulfilling a necessary and vital public purpose. The  legislature
 further  finds that granting the trustees of the state university of New
 York ("trustees")  the  authority  and  power  to  lease  and  otherwise
 contract  to  make  available  grounds and facilities of the Farmingdale
 campus will ensure such land is utilized for the benefit of Farmingdale,
 the surrounding community, and the general public.
   § 2. Notwithstanding any other law to the contrary, the  trustees  are
 authorized  and  empowered,  without  any  public  bidding, to lease and
 otherwise contract to make available to  Farmingdale  state  development
 corporation,  a  not-for-profit  corporation  (the  "ground  lessee"), a
 portion of the lands of Farmingdale generally described in this act  for
 the  purpose  of  developing,  constructing,  maintaining  and operating
 multi-purpose facilities to support housing needs and  supporting  amen-
 ities.  Such lease or contract shall be for a period not exceeding nine-
 ty-nine years without any fee simple conveyance and otherwise upon terms
 and conditions determined by such trustees, subject to the  approval  of
 the director of the division of the budget, the attorney general and the
 state  comptroller.  In  the  event  that  the real property that is the
 subject of such lease or contract shall cease to be used for the purpose
 described in this act, such lease or contract shall  immediately  termi-
 nate, and the real property and any improvements thereon shall revert to
 the  state  university  of New York.  Any lease or contract entered into
 pursuant to this act shall provide that the real property  that  is  the
 subject  of  such  lease  or contract and any improvements thereon shall
 revert to the state university of New York on  the  expiration  of  such
 contract or lease. Any and all proceeds related to the leases authorized
 by  this act shall be used for the benefit of the Farmingdale campus and
 the allocation of such proceeds shall be  subject  to  approval  by  the
 trustees.
   §  3. Any contract or lease entered into pursuant to this act shall be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive law, and any contractor, subcontractor, lessee or sublessee  enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement  authorized  pursuant  to  this  act shall be deemed a state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   § 4. Notwithstanding any general, special or  local  law  or  judicial
 decision  to the contrary, all work performed on a project authorized by
 this act where all or any portion thereof involves a lease or  agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 S. 9008                            42                           A. 10008
 
 tation, repair, renovation, alteration or improvement shall  be  subject
 to  and  performed in accordance with the provisions of article 8 of the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 5. Without limiting the determination of the terms and conditions of
 such  contracts  or  leases,  such  terms and conditions may provide for
 leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments  with  regard  to such grounds and facilities by Farmingdale state
 development corporation, and parties contracting with Farmingdale  state
 development  corporation,  and  in  connection with such activities, the
 obtaining of funding or financing, whether public or private,  unsecured
 or  secured,  including,  but not limited to, secured by leasehold mort-
 gages and assignments of rents and leases, by Farmingdale state develop-
 ment corporation and parties contracting with Farmingdale state develop-
 ment corporation for the purposes of completing the project described in
 this act.
   § 6. Such lease shall  include  an  indemnity  provision  whereby  the
 lessee  or sublessee promises to indemnify, hold harmless and defend the
 lessor against all claims, suits, actions, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, customers, guests,  licensees,  invitees  and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 7. Any contracts entered into  pursuant  to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   § 8. The property authorized by this act to be leased  to  Farmingdale
 state  development  corporation is generally described as that parcel of
 real property with improvements thereon consisting of  a  total  of  8.7
 acres  situated  on  the  campus  of the state university of New York at
 Farmingdale, subject to  all  existing  easements  and  restrictions  of
 record.  The description in this section of the parcel to be made avail-
 able pursuant to this act is not meant to be a legal description, but is
 intended only to identify the parcel:
   The property is situated at the southwest corner of NYS Route 110  and
 Melville  Road.  The eastern boundary runs north/south along the western
 side of NYS Route 110 with  approximately  450  feet  of  frontage.  The
 northern boundary runs along Melville Road for just over 1,000 feet.
   §  9. The state university of New York shall not lease lands described
 in this act unless any such lease shall be executed within  5  years  of
 the effective date of this act.
   §  10. Insofar as the provisions of this act are inconsistent with the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Legislative findings. The legislature finds that the  state
 university  of  New  York  at  Stony  Brook ("Stony Brook") seeks to use
 approximately 10 acres of underutilized land on Stony Brook's  Southamp-
 ton  campus  to  build multi-purpose facilities to support housing needs
 and supporting  amenities,  fulfilling  a  necessary  and  vital  public
 S. 9008                            43                           A. 10008
 
 purpose.    The  legislature further finds that granting the trustees of
 the state university of New York ("trustees") the authority and power to
 lease and otherwise contract to make available grounds and facilities of
 Stony  Brook's  campus will ensure such land is utilized for the benefit
 of Stony Brook, the surrounding community, and the general public.
   § 2. Notwithstanding any other law to the contrary, the  trustees  are
 authorized  and  empowered,  without  any  public  bidding, to lease and
 otherwise contract to make available to a ground lessee a portion of the
 lands of Stony Brook generally described in this act for the purpose  of
 developing, constructing, maintaining and operating multi-purpose facil-
 ities  to  support housing needs and supporting amenities. Such lease or
 contract shall be for a period not exceeding ninety-nine  years  without
 any fee simple conveyance and otherwise upon terms and conditions deter-
 mined  by  such trustees, subject to the approval of the director of the
 division of the budget, the attorney general and the state  comptroller.
 In the event that the real property that is the subject of such lease or
 contract  shall  cease to be used for the purpose described in this act,
 such lease or contract shall immediately terminate and the real property
 and any improvements thereon shall revert to the state university of New
 York. Any lease or contract entered into  pursuant  to  this  act  shall
 provide  that  the  real  property  that is the subject of such lease or
 contract and any improvements thereon shall revert to the state  univer-
 sity  of  New  York on the expiration of such contract or lease. Any and
 all proceeds related to the leases authorized by this act shall be  used
 for  the  benefit  of  the Stony Brook campus and the allocation of such
 proceeds shall be subject to approval by the trustees.
   § 3. Any contract or lease entered into pursuant to this act shall  be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive  law, and any contractor, subcontractor, lessee or sublessee enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement authorized pursuant to this act  shall  be  deemed  a  state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   §  4.  Notwithstanding  any  general, special or local law or judicial
 decision to the contrary, all work performed on a project authorized  by
 this  act where all or any portion thereof involves a lease or agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation,  repair,  renovation, alteration or improvement shall be subject
 to and performed in accordance with the provisions of article 8  of  the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 5. Without limiting the determination of the terms and conditions of
 such  contracts  or  leases,  such  terms and conditions may provide for
 leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments  with  regard to such grounds and facilities by the ground lessee,
 and parties contracting with the ground lessee, and in  connection  with
 such  activities,  the obtaining of funding or financing, whether public
 or private, unsecured or secured, including, but not limited to, secured
 by leasehold mortgages and assignments  of  rents  and  leases,  by  the
 ground  lessee  and  parties  contracting with the ground lessee for the
 purposes of completing the project described in this act.
   § 6. Such lease shall  include  an  indemnity  provision  whereby  the
 lessee  or sublessee promises to indemnify, hold harmless and defend the
 S. 9008                            44                           A. 10008
 
 lessor against all claims, suits, actions, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, customers, guests,  licensees,  invitees  and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 7. Any contracts entered into  pursuant  to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   § 8. The property authorized by this act to be leased  to  the  ground
 lessee is generally described as approximately 10 acres of land situated
 on  the  Southampton campus of the state university of New York at Stony
 Brook, subject to all existing easements and restrictions of record.
   § 9. The state university of New York shall not lease lands  described
 in  this  act  unless any such lease shall be executed within 5 years of
 the effective date of this act.
   § 10. Insofar as the provisions of this act are inconsistent with  the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Notwithstanding the provisions of section 400 of the trans-
 portation  law,  or  any  other  provision  of  law to the contrary, the
 commissioner of transportation is hereby  authorized  and  empowered  to
 transfer  and  convey certain state-owned real property, as described in
 section two of this act, upon such terms and conditions as  the  commis-
 sioner may deem appropriate.
   §  2.  The  lands authorized by this act to be conveyed consist of two
 parcels of land in the town of Babylon, Suffolk county, constituting tax
 map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and
 generally described as approximately twelve and one-half acres  of  land
 located north of Conklin Street and east of Route 110.
   §  3.  The  description  in section two of this act of the lands to be
 conveyed is not intended to be a legal description and is intended  only
 to identify the premises to be conveyed.
   § 4. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or subpart of this part shall be adjudged by any court of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder of that subpart or  this  part,  but
 shall  be  confined in its operation to the clause, sentence, paragraph,
 subdivision, section, or subpart directly involved in the controversy in
 which such judgment shall have been rendered. It is hereby  declared  to
 be  the intent of the legislature that this part and each subpart herein
 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 V
 
   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
 S. 9008                            45                           A. 10008
 
 corporation act, as amended by section 1 of part EE of chapter 58 of the
 laws of 2025, 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, [2026] 2027.
   § 2. This act shall take effect immediately.
 
                                  PART W
 
   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 FF of chapter 58 of the laws  of  2025,  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, [2026]  2027,  at  which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban  development  corporation  act shall be deemed repealed; provided,
 however, that neither the expiration nor the repeal of such  subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any  loan  made  pursuant  to the authority of such subdivision prior to
 such expiration and repeal.
   § 2. This act shall take effect immediately.

                                  PART X
 
   Section 1. The general business law is amended by adding a new article
 45-B to read as follows:
                               ARTICLE 45-B
                      DIGITAL CONTENT PROVENANCE ACT
 SECTION 1530. DEFINITIONS.
         1531. SYNTHETIC CONTENT CREATIONS SYSTEM.
         1532. CONTENT PROVENANCE VERIFICATION.
         1533. EXCEPTIONS.
         1534. ENFORCEMENT BY ATTORNEY GENERAL.
   § 1530. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "PROVENANCE DATA" MEANS DATA THAT RECORDS THE ORIGIN, OR HISTORY OF
 MODIFICATION OF DIGITAL CONTENT AND IS COMMUNICATED AS A CONTENT CREDEN-
 TIAL, WHICH AT A MINIMUM INCLUDES:  (A) INFORMATION ABOUT THE ORIGIN  OR
 CREATION  OF  THE CONTENT; (B) SUBSEQUENT EDITING OR MODIFICATION TO THE
 CONTENT OR ITS METADATA; AND (C) USE OF A  SYNTHETIC  CONTENT  CREATIONS
 SYSTEM IN GENERATING OR MODIFYING THE CONTENT. SUCH INFORMATION SHALL BE
 CRYPTOGRAPHICALLY  BOUND  TO THE UNDERLYING FILE AND USE SIGNING CREDEN-
 TIALS. A SYNTHETIC CONTENT CREATIONS  SYSTEM  PROVIDER  WILL  BE  DEEMED
 COMPLIANT WITH THIS SUBDIVISION IF SUCH CONTENT CREDENTIAL IS CONSISTENT
 WITH  THE  TECHNICAL  SPECIFICATION FOR CONTENT CREDENTIALS PUBLISHED BY
 THE COALITION FOR CONTENT PROVENANCE AND AUTHENTICITY, OR SIMILAR ESTAB-
 LISHED STANDARDS-SETTING  BODY.  "PROVENANCE  DATA"  SHALL  NOT  INCLUDE
 PERSONAL  INFORMATION  AS  DEFINED  IN  SUBDIVISION  FIVE OF SECTION TWO
 HUNDRED TWO OF THE STATE TECHNOLOGY LAW, OR UNIQUE  DEVICE,  SYSTEM,  OR
 SERVICE  INFORMATION THAT IS REASONABLY CAPABLE OF BEING ASSOCIATED WITH
 A PARTICULAR USER, INCLUDING BUT NOT LIMITED  TO  AN  INTERNET  PROTOCOL
 ADDRESS,  UNLESS  A USER CHOOSES TO INCLUDE SUCH PERSONAL INFORMATION IN
 SUCH DATA DESCRIBED IN PARAGRAPH (A), (B), OR (C) OF THIS SUBDIVISION.
   2. "GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM" MEANS A CLASS OF  ARTI-
 FICIAL  INTELLIGENCE  MODELS  THAT  EMULATE THE STRUCTURE AND CHARACTER-
 S. 9008                            46                           A. 10008
 
 ISTICS OF INPUT DATA TO GENERATE DERIVED SYNTHETIC  CONTENT,  INCLUDING,
 BUT  NOT  LIMITED  TO,  IMAGES,  VIDEOS,  AUDIO, TEXT, AND OTHER DIGITAL
 CONTENT.
   3.  "SYNTHETIC  CONTENT"  MEANS  AUDIO OR VISUAL CONTENT THAT HAS BEEN
 GENERATED OR MODIFIED BY A SYNTHETIC CONTENT CREATIONS SYSTEM.
   4. "SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER" MEANS AN ORGANIZATION
 OR INDIVIDUAL THAT CREATES, CODES, OR  OTHERWISE  PRODUCES  A  SYNTHETIC
 CONTENT  CREATIONS SYSTEM THAT IS MADE PUBLICLY AVAILABLE FOR USE BY NEW
 YORK RESIDENTS, REGARDLESS OF WHETHER THE  TERMS  OF  SUCH  USE  INCLUDE
 COMPENSATION.
   5.  "SYNTHETIC  CONTENT  CREATIONS  SYSTEM  HOSTING PLATFORM" MEANS AN
 ONLINE REPOSITORY OR  OTHER  WEBSITE  THAT  MAKES  A  SYNTHETIC  CONTENT
 CREATIONS SYSTEM AVAILABLE FOR USE BY A NEW YORK RESIDENT, REGARDLESS OF
 WHETHER  THE  TERMS OF SUCH USE INCLUDE COMPENSATION.  SYNTHETIC CONTENT
 CREATIONS SYSTEM HOSTING PLATFORM DOES NOT INCLUDE CLOUD COMPUTING PLAT-
 FORMS OR OTHER SERVICES THAT MAKE SYNTHETIC  CONTENT  CREATIONS  SYSTEMS
 AVAILABLE  FOR  USE BY A NEW YORK STATE RESIDENT SOLELY AT THE DIRECTION
 OF OTHERS.
   6. "SOCIAL MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS  IN  SECTION
 ELEVEN HUNDRED OF THIS CHAPTER.
   7.  "COVERED USER" SHALL MEAN A USER OF A LARGE ONLINE PLATFORM IN THE
 STATE, NOT ACTING AS AN OPERATOR, OR AGENT OR AFFILIATE OF THE  OPERATOR
 OF SUCH LARGE ONLINE PLATFORM OR ANY PORTION THEREOF.
   8.  "ARTIFICIAL  INTELLIGENCE" OR "ARTIFICIAL INTELLIGENCE TECHNOLOGY"
 MEANS A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF  HUMAN-DEFINED
 OBJECTIVES,  MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS INFLUENCING
 REAL OR VIRTUAL ENVIRONMENTS, AND THAT  USES  MACHINE-  AND  HUMAN-BASED
 INPUTS  TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH PERCEP-
 TIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE MODEL
 INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION.
   9. "AI MODEL" MEANS AN INFORMATION SYSTEM OR A COMPONENT OF AN  INFOR-
 MATION  SYSTEM  THAT  IMPLEMENTS  ARTIFICIAL INTELLIGENCE TECHNOLOGY AND
 USES  COMPUTATIONAL,  STATISTICAL,  OR  MACHINE-LEARNING  TECHNIQUES  TO
 PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS.
   10.  "SYNTHETIC  CONTENT CREATIONS SYSTEM" MEANS A CLASS OF GENERATIVE
 ARTIFICIAL INTELLIGENCE SYSTEMS CAPABLE OF GENERATING  WHOLLY  SYNTHETIC
 CONTENT. "SYNTHETIC CONTENT CREATIONS SYSTEM" SHALL NOT INCLUDE TECHNOL-
 OGIES  SUCH AS RED-EYE FILTERS OR OTHER TECHNOLOGIES THAT ARE ONLY CAPA-
 BLE OF MAKING CHANGES TO EXISTING AUDIO OR VISUAL CONTENT.
   11. "LARGE ONLINE PLATFORM" MEANS A SOCIAL MEDIA PLATFORM,  FILE-SHAR-
 ING PLATFORM, MASS MESSAGING PLATFORM, OR STAND-ALONE SEARCH ENGINE THAT
 DISTRIBUTES CONTENT TO USERS WHO DID NOT CREATE OR COLLABORATE IN CREAT-
 ING THE CONTENT. A "LARGE ONLINE PLATFORM" DOES NOT INCLUDE:
   (A)  BROADBAND, BROADBAND SERVICE OR BROADBAND INTERNET, AS DEFINED IN
 PARAGRAPH (B) OF SUBDIVISION TWO OF  SECTION  SIXTEEN-GG  OF  THE  URBAN
 DEVELOPMENT CORPORATION ACT; OR
   (B)  A  TELECOMMUNICATIONS SERVICE, AS DEFINED IN SECTION 153 OF TITLE
 47 OF THE UNITED STATES CODE.
   12. "MASS MESSAGING PLATFORM" MEANS A DIRECT MESSAGING  PLATFORM  THAT
 ALLOWS USERS TO DISTRIBUTE CONTENT TO MORE THAN ONE HUNDRED USERS SIMUL-
 TANEOUSLY.
   §  1531.  SYNTHETIC  CONTENT  CREATIONS SYSTEM. 1. TO THE EXTENT IT IS
 TECHNICALLY FEASIBLE  AND  REASONABLE,  A  SYNTHETIC  CONTENT  CREATIONS
 SYSTEM  PROVIDER SHALL APPLY PROVENANCE DATA, EITHER DIRECTLY OR THROUGH
 THE USE OF THIRD-PARTY TECHNOLOGY,  TO  SYNTHETIC  CONTENT  PRODUCED  OR
 S. 9008                            47                           A. 10008
 
 MODIFIED  BY  A  SYNTHETIC  CONTENT  CREATIONS SYSTEM THAT THE SYNTHETIC
 CONTENT CREATIONS SYSTEM PROVIDER MAKES PUBLICLY AVAILABLE.
   2.  THE  APPLICATION  OF  PROVENANCE  DATA  TO  SYNTHETIC  CONTENT, AS
 REQUIRED BY THIS SECTION, SHALL, AT  A  MINIMUM,  IDENTIFY  THE  DIGITAL
 CONTENT AS SYNTHETIC AND COMMUNICATE THE FOLLOWING PROVENANCE DATA:
   (A) THAT THE CONTENT WAS CREATED OR MODIFIED USING ARTIFICIAL INTELLI-
 GENCE;
   (B) THE NAME OF THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER;
   (C) THE TIME AND DATE THE PROVENANCE DATA WAS APPLIED;
   (D)  THE  TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED TO GENERATE
 THE IMAGE, AUDIO, OR VIDEO; AND
   (E) THE NAME OF THE TOOL USED TO APPLY THE PROVENANCE DATA.
   3. SYNTHETIC CONTENT CREATIONS SYSTEM HOSTING PLATFORMS SHALL NOT MAKE
 AVAILABLE A SYNTHETIC CONTENT CREATIONS SYSTEM WHERE THE  HOSTING  PLAT-
 FORM KNOWS THAT THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER FOR SUCH
 SYSTEM  DOES NOT APPLY PROVENANCE DATA TO CONTENT CREATED OR MODIFIED BY
 THE ARTIFICIAL INTELLIGENCE SYSTEM IN A MANNER CONSISTENT WITH  SPECIFI-
 CATIONS  SET  FORTH  IN  THIS  SECTION,  NOR  SHALL  A SYNTHETIC CONTENT
 CREATIONS SYSTEM  HOSTING  PLATFORM  DELIBERATELY  PREVENT  A  SYNTHETIC
 CONTENT  CREATIONS  SYSTEM  PROVIDER  FROM  APPLYING  PROVENANCE DATA TO
 CONTENT CREATED OR MODIFIED BY A SYNTHETIC CONTENT CREATIONS SYSTEM IN A
 MANNER CONSISTENT WITH THE SPECIFICATIONS SET FORTH IN THIS SECTION.
   4. THE PROVISIONS OF  THIS  SECTION  SHALL  ONLY  APPLY  TO  SYNTHETIC
 CONTENT CREATIONS SYSTEMS THAT WERE CREATED OR MODIFIED AFTER THE EFFEC-
 TIVE DATE OF THIS ARTICLE.
   §  1532.  CONTENT  PROVENANCE  VERIFICATION.  1.  A  SYNTHETIC CONTENT
 CREATIONS SYSTEM PROVIDER SHALL, TO THE EXTENT TECHNICALLY FEASIBLE  AND
 REASONABLE,  MAKE AVAILABLE A PROVENANCE READER TOOL, WHETHER CREATED BY
 SUCH PROVIDER OR A THIRD-PARTY, AT NO COST TO A USER, THAT MEETS ALL  OF
 THE FOLLOWING CRITERIA:
   (A)  THE  PROVENANCE READER TOOL ENABLES A USER TO ASSESS WHETHER ONLY
 IMAGE, VIDEO, OR AUDIO CONTENT, OR CONTENT THAT IS ANY COMBINATION THER-
 EOF, WAS CREATED OR MODIFIED BY THE SYNTHETIC CONTENT  CREATIONS  SYSTEM
 PROVIDER;
   (B)  THE  PROVENANCE  READER  TOOL OUTPUTS ANY PROVENANCE DATA THAT IS
 DETECTED IN THE CONTENT;
   (C) THE PROVENANCE READER TOOL DOES NOT OUTPUT ANY  PERSONAL  INFORMA-
 TION,  AS  DEFINED IN SUBDIVISION FIVE  OF  SECTION TWO  HUNDRED  TWO OF
 THE STATE TECHNOLOGY LAW, OR UNIQUE DEVICE, SYSTEM, OR SERVICE  INFORMA-
 TION  THAT  IS REASONABLY CAPABLE  OF  BEING  ASSOCIATED WITH  A PARTIC-
 ULAR USER, THAT IS DETECTED IN THE CONTENT EXCEPT WHERE  USERS  INDICATE
 THEIR PREFERENCE FOR INCLUDING PERSONAL INFORMATION, SUCH AS BY CHOOSING
 TO INCLUDE IT IN PROVENANCE DATA MANIFESTS;
   (D)  THE PROVENANCE READER TOOL IS PUBLICLY AVAILABLE, PROVIDED THAT A
 SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER MAY IMPOSE REASONABLE  LIMI-
 TATIONS  ON  ACCESS  TO THE TOOL TO PREVENT, OR RESPOND TO, DEMONSTRABLE
 RISKS TO THE SECURITY OR INTEGRITY OF ITS  SYNTHETIC  CONTENT  CREATIONS
 SYSTEM OR TO PREVENT MISUSE OF THE TOOL FOR MALICIOUS PURPOSES;
   (E)  THE  PROVENANCE  READER  TOOL PROVIDES AN EXPLANATION TO THE USER
 REGARDING HOW THE TOOL WORKS, WHAT  ITS  LIMITATIONS  ARE,  AND  HOW  TO
 INTERPRET  THE  RESULTS  TO THE EXTENT POSSIBLE, WITHOUT UNDERMINING ITS
 EFFECTIVENESS;
   (F) THE PROVENANCE READER TOOL ALLOWS A  USER  TO  UPLOAD  CONTENT  OR
 PROVIDE A UNIFORM RESOURCE LOCATOR (URL) LINKING TO ONLINE CONTENT; AND
 S. 9008                            48                           A. 10008
 
   (G)  THE  PROVENANCE  READER  TOOL SUPPORTS AN APPLICATION PROGRAMMING
 INTERFACE THAT ALLOWS A USER TO INVOKE SUCH TOOL  WITHOUT  VISITING  THE
 SYNTHETIC  CONTENT CREATIONS SYSTEM PROVIDER'S WEBSITE.
   2.  A SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER SHALL NOT COLLECT OR
 RETAIN PERSONAL INFORMATION FROM USERS OF THE PROVENANCE READER TOOL  AS
 A  CONDITION  OF  USING THE PROVENANCE READER TOOL.  A SYNTHETIC CONTENT
 CREATIONS SYSTEM PROVIDER MAY COLLECT AND RETAIN THE  PERSONAL  INFORMA-
 TION  OF  A USER WHO OPTS IN TO BEING CONTACTED BY SUCH PROVIDER FOR THE
 PURPOSES OF SUBMITTING FEEDBACK TO SUCH PROVIDER  REGARDING  THE  PROVE-
 NANCE READER TOOL.
   3.  ANY  CONTENT  SUBMITTED TO THE PROVENANCE READER TOOL SHALL NOT BE
 RETAINED BY THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER  FOR  LONGER
 THAN IS NECESSARY TO COMPLY WITH THIS ARTICLE.
   4.  A SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER SHALL OFFER THE USER
 THE OPTION TO INCLUDE AN EASILY PERCEIVED,  UNDERSTOOD  OR  RECOGNIZABLE
 MANIFEST  DISCLOSURE IN IMAGE, VIDEO OR AUDIO CONTENT OR CONTENT THAT IS
 ANY COMBINATION THEREOF, CREATED OR MODIFIED BY SUCH PROVIDER'S SYNTHET-
 IC CONTENT CREATIONS SYSTEM THAT MEETS THE FOLLOWING CRITERIA:
   (A) THE DISCLOSURE IDENTIFIES THE CONTENT AS AI-GENERATED CONTENT;
   (B) THE DISCLOSURE IS CLEAR, CONSPICUOUS, APPROPRIATE FOR  THE  MEDIUM
 OF THE CONTENT AND IS UNDERSTANDABLE TO A REASONABLE NATURAL PERSON; AND
   (C) THE DISCLOSURE IS PERMANENT OR EXTRAORDINARILY DIFFICULT TO REMOVE
 OR MODIFY, TO THE EXTENT TECHNICALLY FEASIBLE.
   5.  (A)  A  LARGE  ONLINE PLATFORM SHALL NOT TO THE EXTENT TECHNICALLY
 FEASIBLE, KNOWINGLY DELETE OR DISASSOCIATE, IN WHOLE OR IN PART,  PROVE-
 NANCE  DATA FROM OR ASSOCIATED WITH CONTENT UPLOADED TO SUCH PLATFORM BY
 A COVERED USER, UNLESS SUCH DELETION OR DISASSOCIATION  IS  REQUIRED  BY
 LAW.  NOTHING  IN  THIS  ARTICLE SHALL BE CONSTRUED AS PROHIBITING USERS
 FROM CHOOSING TO INCLUDE PERSONAL INFORMATION IN PROVENANCE DATA FROM OR
 ASSOCIATED WITH SUCH UPLOADED CONTENT.
   (B) A LARGE ONLINE PLATFORM SHALL DO ALL  OF  THE  FOLLOWING,  TO  THE
 EXTENT TECHNICALLY FEASIBLE AND REASONABLE:
   (I)  DETECT  WHETHER ANY PROVENANCE DATA THAT IS COMPLIANT WITH WIDELY
 ADOPTED SPECIFICATIONS ADOPTED BY AN ESTABLISHED STANDARDS-SETTING  BODY
 IS  EMBEDDED INTO OR ATTACHED TO CONTENT UPLOADED OR DISTRIBUTED ON SUCH
 PLATFORM.
   (II) PROVIDE A PROVENANCE READER TOOL OR USER  INTERFACE  TO  DISCLOSE
 THE  AVAILABILITY  OF  PROVENANCE  DATA THAT RELIABLY INDICATES THAT THE
 CONTENT WAS GENERATED OR  MODIFIED  BY  A  SYNTHETIC  CONTENT  CREATIONS
 SYSTEM PROVIDER. THE USER INTERFACE OR PROVENANCE READER TOOL SHALL MAKE
 CLEARLY  AND CONSPICUOUSLY AVAILABLE TO A COVERED USER, INFORMATION THAT
 INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING:
   (A) WHETHER PROVENANCE DATA IS AVAILABLE;
   (B) THE NAME OF THE SYNTHETIC CONTENT CREATIONS SYSTEM  PROVIDER  THAT
 CREATED OR SUBSTANTIALLY MODIFIED THE CONTENT, IF APPLICABLE; AND
   (C) WHETHER ANY DIGITAL SIGNATURES ARE AVAILABLE.
   (III) ALLOW A USER TO INSPECT PROVENANCE DATA THAT IS EMBEDDED INTO OR
 ATTACHED  TO CONTENT UPLOADED OR DISTRIBUTED ON SUCH PLATFORM WHERE SUCH
 PROVENANCE DATA IS COMPLIANT WITH WIDELY ADOPTED SPECIFICATIONS  ADOPTED
 BY AN ESTABLISHED STANDARDS-SETTING BODY, IN AN EASILY ACCESSIBLE MANNER
 BY ANY OF THE FOLLOWING MEANS:
   (A)  DIRECTLY,  THROUGH  THE  PROVENANCE READER TOOL OR USER INTERFACE
 PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH;
   (B) ALLOW A COVERED USER TO DOWNLOAD A VERSION OF THE CONTENT WITH ITS
 ATTACHED PROVENANCE DATA; OR
 S. 9008                            49                           A. 10008
 
   (C) PROVIDE A LINK TO THE CONTENT'S PROVENANCE DATA  DISPLAYED  ON  AN
 INTERNET  WEBSITE OR IN ANOTHER APPLICATION PROVIDED BY EITHER THE LARGE
 ONLINE PLATFORM OR A THIRD PARTY.
   §  1533.  EXCEPTIONS.  THIS  ARTICLE  SHALL  NOT APPLY TO ANY PRODUCT,
 SERVICE, INTERNET WEBSITE,  OR  APPLICATION  THAT  PROVIDES  EXCLUSIVELY
 NON-USER  GENERATED VIDEO GAME, TELEVISION, STREAMING, MOVIE OR INTERAC-
 TIVE EXPERIENCES.
   § 1534. ENFORCEMENT BY ATTORNEY GENERAL.   WHENEVER THERE SHALL  BE  A
 VIOLATION  OF  THIS  ARTICLE,  THE  ATTORNEY  GENERAL SHALL GIVE WRITTEN
 NOTICE TO THE PERSON OR ENTITY VIOLATING THIS  SECTION  IDENTIFYING  THE
 SPECIFIC PROVISIONS OF THIS ARTICLE THAT ARE OR WERE BEING VIOLATED. THE
 ATTORNEY  GENERAL  SHALL  NOT  BRING AN ACTION UNDER THIS SECTION WHERE,
 WITHIN THIRTY DAYS OF RECEIVING SUCH WRITTEN NOTICE, THE PERSON OR ENTI-
 TY CURES THE VIOLATION AND PROVIDES THE ATTORNEY GENERAL WITH A  WRITTEN
 STATEMENT  CONFIRMING  THE  VIOLATION  WAS  CURED,  INCLUDING SUPPORTING
 DOCUMENTATION ON HOW THE VIOLATION WAS CURED. WHERE,  AFTER  RECEIPT  OF
 THE  NOTICE  AND  THE  EXPIRATION  OF  THIRTY DAYS, THE PERSON OR ENTITY
 CONTINUES TO VIOLATE THIS  ARTICLE  OR  FOR  SUBSEQUENT  VIOLATIONS,  AN
 APPLICATION  MAY  BE  MADE  BY  THE  ATTORNEY GENERAL IN THE NAME OF THE
 PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDIC-
 TION  BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO
 THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO  ENJOIN  AND  RESTRAIN  THE
 CONTINUANCE  OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFAC-
 TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED
 THIS  ARTICLE,  AN  INJUNCTION  MAY  BE ISSUED BY SUCH COURT OR JUSTICE,
 ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
 THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED  THEREBY.  IN  ANY
 SUCH  PROCEEDING,  THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL
 AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES.  WHENEVER THE COURT
 SHALL DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT
 MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE  THOUSAND  DOLLARS  FOR
 EACH VIOLATION.
   §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
 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 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.
   § 4. This act shall take effect January 1, 2027.
 
                                  PART Y
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Safe by Design Act".
   §  2. The general business law is amended by adding a new article 45-B
 to read as follows:
                               ARTICLE 45-B
                            SAFE BY DESIGN ACT
 SECTION 1539. DEFINITIONS.
         1540. PRIVACY BY DEFAULT.
         1541. PARENTAL APPROVALS.
 S. 9008                            50                           A. 10008
 
         1542. PROHIBITION ON FEATURES THAT SUBVERT THE PURPOSES OF  THIS
                 ARTICLE.
         1543. NONDISCRIMINATION.
         1544. SCOPE.
         1545. RULEMAKING AUTHORITY.
         1546. REMEDIES.
   § 1539. DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CONNECTED" AND VARIATIONS THEREOF SHALL MEAN THAT TWO USERS  USING
 THE  COVERED  PLATFORM  OR  TWO  ACCOUNTS  ON  THE  COVERED PLATFORM ARE
 CONNECTED TO EACH OTHER BY:
   (A) SENDING A REQUEST TO CONNECT TO ANOTHER USER OR ACCOUNT HOLDER AND
 HAVING THE REQUEST TO CONNECT ACCEPTED BY  THE  OTHER  USER  OR  ACCOUNT
 HOLDER; OR
   (B) RECEIVING A REQUEST TO CONNECT FROM ANOTHER USER OR ACCOUNT HOLDER
 AND ACCEPTING THE REQUEST TO CONNECT.
   2.  "COVERED  MINOR"  SHALL  MEAN  ANY  USER  IN NEW YORK WHO HAS BEEN
 REASONABLY DETERMINED BY AN OPERATOR, VIA AGE ASSURANCE, AS SET FORTH IN
 THIS ARTICLE, TO BE UNDER THE AGE OF EIGHTEEN.
   3. "FINANCIAL TRANSACTION" SHALL  MEAN  A  TRANSACTION  BETWEEN  USERS
 INVOLVING ANY TYPE OF CURRENCY, INCLUDING DIGITAL CURRENCY USED WITHIN A
 COVERED PLATFORM WHETHER OR NOT IT CAN BE CONVERTED TO MONEY.
   4.  "OPERATOR"  SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL ENTITY
 WHO OPERATES OR PROVIDES A COVERED PLATFORM.
   5. "PARENT" SHALL MEAN A PARENT OR LEGAL GUARDIAN.
   6. "COVERED PLATFORM" SHALL MEAN AN ONLINE PLATFORM.
   7. "TAG" SHALL MEAN WHEN A USER CLEARLY IDENTIFIES A  SECOND  USER  IN
 POSTED MEDIA.
   8.  "USER"  SHALL  MEAN  A USER OF A COVERED PLATFORM NOT ACTING AS AN
 OPERATOR, OR AGENT OR AFFILIATE OF SUCH OPERATOR, OF  SUCH  PLATFORM  OR
 ANY PORTION THEREOF.
   9.  "COVERED USER" SHALL MEAN A USER OF A COVERED PLATFORM IN NEW YORK
 NOT ACTING AS AN OPERATOR, AGENT OR AFFILIATE OF SUCH OPERATOR, OF  SUCH
 PLATFORM OR OF ANY PORTION THEREOF.
   10.  "MONEY"  SHALL  MEAN A MEDIUM OF EXCHANGE CURRENTLY AUTHORIZED OR
 ADOPTED BY A DOMESTIC OR FOREIGN GOVERNMENT.
   11. "DIGITAL CURRENCY" SHALL MEAN A DIGITAL REPRESENTATION  OF  VALUE,
 RECOGNIZED ONLY ON THE COVERED PLATFORM, THAT IS SUPPLIED, EXCHANGED AND
 MANAGED  PURSUANT TO THE POLICIES OR RULES OF SUCH COVERED PLATFORM, AND
 IS NOT ACCEPTED OR CONSIDERED A MEDIUM OF EXCHANGE CURRENTLY  AUTHORIZED
 OR ADOPTED BY A DOMESTIC OR FOREIGN GOVERNMENT.
   12.  "AI COMPANION" SHALL HAVE THE SAME MEANING AS SUBDIVISION FOUR OF
 SECTION SEVENTEEN HUNDRED OF THIS CHAPTER.
   13. "INTEGRATED AI COMPANION" SHALL MEAN AN AI COMPANION  THAT  IS  AN
 ACCESSIBLE OR USABLE FEATURE OF A COVERED PLATFORM.
   14.  "ONLINE  PLATFORM"  SHALL  MEAN  A PUBLIC OR SEMI-PUBLIC WEBSITE,
 ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION THAT:
   (A) IS USED BY A COVERED MINOR IN THIS STATE;
   (B) ALLOWS USERS TO CONSTRUCT A PUBLIC OR SEMI-PUBLIC PROFILE FOR  THE
 PURPOSES OF USING SUCH WEBSITE, SERVICE, OR APPLICATION; AND
   (C) OFFERS OR PROVIDES THE FOLLOWING FEATURES:
   (I)  A MECHANISM TO ALLOW USERS TO PUBLICLY MESSAGE EACH OTHER IN CHAT
 ROOMS OR PRIVATELY MESSAGE EACH OTHER WITHIN  THE  WEBSITE,  SERVICE  OR
 APPLICATION  OR THROUGH INTEGRATION WITH A SEPARATE WEBSITE, SERVICE, OR
 APPLICATION; AND
 S. 9008                            51                           A. 10008
 
   (II) (A) A MECHANISM TO CREATE OR POST MEDIA THAT IS VIEWABLE BY OTHER
 USERS AND A MECHANISM TO RESPOND TO SUCH MEDIA, INCLUDING BUT NOT LIMIT-
 ED TO, THROUGH A LANDING PAGE OR FEED THAT PRESENTS THE USER WITH  MEDIA
 GENERATED BY OTHER USERS; OR
   (B)  A MECHANISM (1) TO CREATE GAMES OR IMMERSIVE DIGITAL ENVIRONMENTS
 FOR OTHER USERS AND (2) TO EXCHANGE MONEY FOR DIGITAL CURRENCY  AS  WELL
 AS TO EXCHANGE DIGITAL CURRENCY FOR MONEY.
   15.    "MEDIA" SHALL MEAN TEXT, AN IMAGE OR A VIDEO.  GAMES AND IMMER-
 SIVE DIGITAL ENVIRONMENTS ARE NOT MEDIA.
   16. "AGE ASSURANCE" SHALL MEAN ANY METHODS TO REASONABLY  DETERMINE  A
 COVERED  USER  IS  NOT  A  COVERED  MINOR, USING METHODS THAT REASONABLY
 PREVENT AGAINST CIRCUMVENTION.  SUCH AN AGE ASSURANCE METHOD MAY INCLUDE
 A METHOD THAT:  (A) MEETS THE REQUIREMENTS OF ARTICLE FORTY-FIVE OF THIS
 CHAPTER AND ITS IMPLEMENTING REGULATIONS,  EXCEPT  TO  ENSURE  AN  ADULT
 CANNOT  POSE  AS A MINOR, AN OPERATOR CANNOT USE SELF-DECLARATION OF AGE
 OR MINOR STATUS TO DETERMINE WHETHER A USER IS A COVERED MINOR; OR
   (B) MAY BE IDENTIFIED  IN  REGULATIONS  PROMULGATED  BY  THE  ATTORNEY
 GENERAL  CONSISTENT  WITH  PARAGRAPH  (C)  OF SUBDIVISION ONE OF SECTION
 FIFTEEN HUNDRED FORTY OF THIS ARTICLE.
   § 1540. PRIVACY BY DEFAULT. 1. (A) NO OPERATOR SHALL OFFER  A  COVERED
 PLATFORM  IN  THIS  STATE WITHOUT CONDUCTING AGE ASSURANCE TO REASONABLY
 DETERMINE WHETHER A USER IS A COVERED MINOR.   A  COVERED  PLATFORM  MAY
 RELY  ON ANY PRIOR DETERMINATION OF A USER'S AGE OR AGE STATUS COMPLETED
 TO COMPLY WITH OTHER LAWS OR FOR ANY OTHER PURPOSE IF THE  DETERMINATION
 WAS  MADE  CONSISTENT  WITH  THE DEFINITION OF AGE ASSURANCE PURSUANT TO
 SUBDIVISION SIXTEEN OF SECTION FIFTEEN HUNDRED THIRTY-NINE OF THIS ARTI-
 CLE FOR PURPOSES OF THIS REQUIREMENT.
   (B) INFORMATION COLLECTED FOR THE PURPOSE OF DETERMINING A USER'S  AGE
 UNDER  THIS  ARTICLE  SHALL  NOT  BE USED FOR ANY PURPOSE OTHER THAN AGE
 DETERMINATION AND SHALL BE  DELETED  IMMEDIATELY  AFTER  AN  ATTEMPT  TO
 DETERMINE  A  USER'S AGE, EXCEPT WHERE NECESSARY FOR COMPLIANCE WITH ANY
 APPLICABLE PROVISIONS OF NEW YORK STATE OR FEDERAL LAW OR REGULATION.
   (C) THE ATTORNEY GENERAL MAY PROMULGATE REGULATIONS IDENTIFYING  METH-
 ODS  FOR  COMMERCIALLY  REASONABLE AGE ASSURANCE, WHICH MAY CONSIDER THE
 SIZE, FINANCIAL RESOURCES, AND TECHNICAL CAPABILITIES OF  COVERED  PLAT-
 FORMS,  THE COSTS AND EFFECTIVENESS OF AVAILABLE AGE DETERMINATION TECH-
 NIQUES FOR USERS OF SUCH PLATFORMS, THE AUDIENCE OF SUCH PLATFORMS,  AND
 PREVALENT  PRACTICES  OF  THE INDUSTRY OF THE OPERATOR. SUCH REGULATIONS
 SHALL ALSO IDENTIFY THE APPROPRIATE LEVELS OF  ACCURACY  THAT  WOULD  BE
 CONSIDERED  REASONABLE FOR OPERATORS TO ACHIEVE IN DETERMINING WHETHER A
 USER IS A COVERED MINOR.
   2. FOR ALL USERS DETERMINED BY AN OPERATOR TO BE A COVERED MINOR, SUCH
 OPERATOR SHALL UTILIZE THE FOLLOWING SETTINGS  BY  DEFAULT  FOR  COVERED
 MINORS,  WHICH SHALL ENSURE THAT NO USER WHO IS NOT ALREADY CONNECTED TO
 A COVERED MINOR MAY:
   (A) COMMUNICATE DIRECTLY AND PRIVATELY WITH SUCH MINOR;
   (B) VIEW OR RESPOND TO MEDIA POSTED BY SUCH MINOR;
   (C) TAG SUCH MINOR IN POSTED MEDIA; OR
   (D) VIEW THE GEOGRAPHIC LOCATION INFORMATION OF A COVERED MINOR  IF  A
 COVERED  PLATFORM  PROVIDES  A  MECHANISM BY WHICH USERS MAY SHARE THEIR
 GEOGRAPHIC LOCATION INFORMATION WITH OTHER USERS ON  THE  COVERED  PLAT-
 FORM.
   3.  A  PARENT  OF  A  COVERED  MINOR  MAY OVERRIDE THE DEFAULT PRIVACY
 SETTINGS PROVIDED IN SUBDIVISION TWO OF THIS SECTION  AT  SUCH  PARENT'S
 DISCRETION.    AN  OPERATOR SHALL ALLOW A PARENT TO OVERRIDE OR MAINTAIN
 S. 9008                            52                           A. 10008
 
 EACH PRIVACY SETTING PROVIDED IN SUBDIVISION TWO OF THIS  SECTION  SEPA-
 RATELY.
   4.  AN OPERATOR SHALL NOTIFY A PARENT OF A COVERED MINOR WHENEVER SUCH
 COVERED MINOR REQUESTS THE OPERATOR TO OBTAIN APPROVAL  FROM  A  COVERED
 MINOR'S  PARENT  TO  CHANGE THE DEFAULT SETTINGS PROVIDED IN SUBDIVISION
 TWO OF THIS SECTION.  SUCH NOTICE SHALL INCLUDE A STATEMENT THAT INFORMS
 THE PARENT THAT THEY ARE CHANGING A DEFAULT SETTING REQUIRED  UNDER  NEW
 YORK  LAW.    THE  PARENT MAY THEN EITHER APPROVE OR DENY THE REQUEST TO
 CHANGE THE SETTINGS FOR SUCH MINOR.
   5. A REQUEST BY A USER TO CONNECT WITH A COVERED  MINOR  MAY  BE  SENT
 SIMULTANEOUSLY  WITH  A  REQUEST  BY  SUCH USER TO DIRECTLY MESSAGE SUCH
 COVERED MINOR. A REQUEST BY A COVERED MINOR TO CONNECT WITH A  USER  MAY
 BE  SENT SIMULTANEOUSLY WITH A REQUEST BY SUCH COVERED MINOR TO DIRECTLY
 MESSAGE SUCH USER.
   6. (A) AN OPERATOR SHALL, BY DEFAULT, DISABLE THE ACCESS OR USE OF ANY
 INTEGRATED AI COMPANION FOR COVERED MINORS.
   (B) A PARENT OF A COVERED MINOR  MAY  OVERRIDE  THE  DEFAULT  DISABLED
 ACCESS OR USE OF AN INTEGRATED AI COMPANION, PROVIDED IN SUBDIVISION ONE
 OF  THIS SECTION, AT SUCH PARENT'S DISCRETION. AN OPERATOR SHALL ALLOW A
 PARENT TO OVERRIDE OR MAINTAIN THE SETTING PROVIDED FOR  IN  SUBDIVISION
 ONE  SEPARATELY  FROM  ANY  OTHER  MECHANISMS  TO OVERRIDE OTHER DEFAULT
 SETTINGS.
   (C) AN OPERATOR SHALL NOTIFY A PARENT OF A COVERED MINOR WHENEVER SUCH
 MINOR REQUESTS THAT THE OPERATOR GET APPROVAL  FROM  A  COVERED  MINOR'S
 PARENT TO CHANGE THE DEFAULT SETTING PROVIDED IN SUBDIVISION ONE OF THIS
 SECTION.  THIS  NOTICE SHALL INCLUDE A STATEMENT THAT INFORMS THE PARENT
 THAT THEY ARE CHANGING A DEFAULT SETTING REQUIRED UNDER  NEW  YORK  LAW.
 THE PARENT MAY EITHER APPROVE OR DENY THE REQUEST TO CHANGE SUCH SETTING
 FOR SUCH MINOR.
   § 1541. PARENTAL APPROVALS. 1. FOR ALL COVERED MINORS UNDER THE AGE OF
 THIRTEEN,  AN OPERATOR SHALL REQUIRE THE PARENT OF SUCH COVERED MINOR TO
 APPROVE ALL NEW CONNECTIONS WITH SUCH COVERED MINOR BEFORE SUCH  COVERED
 MINOR'S AND SUCH OTHER USER'S OR SUCH OTHER'S ACCOUNTS MAY BE CONNECTED.
 FOR  COVERED  MINORS  UNDER  THE AGE OF THIRTEEN, AN OPERATOR SHALL ALSO
 ESTABLISH A MECHANISM BY WHICH A PARENT OF SUCH MINOR  MAY  EASILY  VIEW
 THE  LIST  OF ALL USERS OR ACCOUNTS CURRENTLY CONNECTED WITH THE ACCOUNT
 OF THE MINOR.
   2. (A) FOR ALL COVERED MINORS, AN OPERATOR SHALL ESTABLISH A MECHANISM
 THAT EITHER: (I) ENABLES THE PARENT OF SUCH MINOR TO SET A MONTHLY LIMIT
 ON THE SPENDING OF MONEY, WHETHER BY CHARGING A  CREDIT  CARD  OR  OTHER
 MEANS, IN CONNECTION WITH THE DIRECT OR INDIRECT PURCHASE OR ACQUISITION
 OF ANYTHING ON OR VIA THE COVERED PLATFORM, INCLUDING BUT NOT LIMITED TO
 DIGITAL CURRENCY, RELATING TO SUCH COVERED MINOR'S ACCOUNT AND WHERE THE
 AMOUNT OF SUCH LIMIT IS SET AT THE PARENT'S DISCRETION; OR
   (II)  ENABLES  THE  PARENT  OF  SUCH  MINOR TO OPT OUT OF SETTING SUCH
 LIMITS.
   (B) AN OPERATOR MAY ESTABLISH A MECHANISM TO ENABLE THE COVERED  MINOR
 TO  REQUEST  THAT  THE  PARENT OF SUCH COVERED MINOR APPROVE THE FURTHER
 EXPENDITURE OF MONEY, SUCH AS CHARGING THE CREDIT CARD  ASSOCIATED  WITH
 SUCH  COVERED  MINOR'S ACCOUNT, ONCE THE LIMIT SET FORTH IN SUBPARAGRAPH
 (I) OF PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IS  REACHED.  IN  SUCH  AN
 INSTANCE,  SUCH PARENT SHALL APPROVE THE REQUEST BEFORE ANY SUCH CHARGES
 MAY BE PROCESSED BY THE OPERATOR.
   (C) SUCH OPERATOR SHALL FURTHER  ESTABLISH  A  MECHANISM  BY  WHICH  A
 PARENT  OF  A  COVERED  MINOR MAY EASILY VIEW A HISTORY OF ALL FINANCIAL
 TRANSACTIONS RELATING TO SUCH COVERED MINOR'S ACCOUNT AT ANY TIME, WHICH
 S. 9008                            53                           A. 10008
 
 AT A MINIMUM, IDENTIFIES THE USERS INVOLVED IN EACH SUCH TRANSACTION, IN
 ADDITION TO THE COVERED MINOR, AS  WELL  AS  THE  AMOUNTS  OF  MONEY  OR
 DIGITAL CURRENCY ASSOCIATED WITH EACH TRANSACTION.
   §  1542.  PROHIBITION  ON  FEATURES  THAT SUBVERT THE PURPOSES OF THIS
 ARTICLE.  IT SHALL BE UNLAWFUL FOR A  COVERED  PLATFORM  TO  DEPLOY  ANY
 MECHANISM  OR  DESIGN  FEATURE  WHICH  HAS  THE EFFECT OF INHIBITING THE
 PURPOSE OF THIS ARTICLE.
   § 1543. NONDISCRIMINATION. AN OPERATOR SHALL  NOT  WITHHOLD,  DEGRADE,
 LOWER  THE QUALITY OF, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR
 FEATURE OF A COVERED PLATFORM, OTHER THAN AS  NECESSARY  FOR  COMPLIANCE
 WITH  THE PROVISIONS OF THIS ARTICLE OR ANY RULES OR REGULATIONS PROMUL-
 GATED PURSUANT TO THIS ARTICLE, TO A USER DUE  TO  SUCH  OPERATOR  BEING
 REQUIRED  TO  ESTABLISH  THE SETTINGS AND APPROVALS PROVIDED IN SECTIONS
 FIFTEEN HUNDRED FORTY AND FIFTEEN HUNDRED FORTY-ONE OF THIS ARTICLE.
   § 1544. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT  OCCURS  IN
 WHOLE  OR  IN  PART  IN  NEW YORK. FOR PURPOSES OF THIS ARTICLE, CONDUCT
 TAKES PLACE WHOLLY OUTSIDE OF  NEW  YORK  IF  THE  COVERED  PLATFORM  IS
 ACCESSED BY A USER WHO IS PHYSICALLY LOCATED OUTSIDE OF NEW YORK.
   2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY FOR
 COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT  TO  15  U.S.C.  §
 6501  THAT  IS  INCONSISTENT  WITH  THE  TREATMENT OF SUCH ACTIVITIES OR
 ACTIONS UNDER 15 U.S.C. § 6502.
   § 1545. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE SUCH
 RULES AND REGULATIONS AS ARE NECESSARY TO  EFFECTUATE  AND  ENFORCE  THE
 PROVISIONS OF THIS ARTICLE.
   §  1546.  REMEDIES. 1. ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
 WHENEVER IT APPEARS TO THE ATTORNEY GENERAL, UPON  COMPLAINT  OR  OTHER-
 WISE,  THAT  ANY  PERSON,  WITHIN OR OUTSIDE THE STATE, HAS VIOLATED THE
 PROVISIONS OF THIS ARTICLE, THE ATTORNEY GENERAL MAY BRING AN ACTION  OR
 SPECIAL  PROCEEDING IN THE NAME AND ON BEHALF OF THE PEOPLE OF THE STATE
 OF NEW YORK TO ENJOIN ANY SUCH VIOLATION, TO OBTAIN RESTITUTION  OF  ANY
 MONEYS   OR  PROPERTY  OBTAINED  DIRECTLY  OR  INDIRECTLY  BY  ANY  SUCH
 VIOLATION, TO OBTAIN DISGORGEMENT  OF  ANY  PROFITS  OR  GAINS  OBTAINED
 DIRECTLY  OR  INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DAMAGES CAUSED
 DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL  PENALTIES
 OF  UP  TO  FIVE  THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN ANY SUCH
 OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUDING PRELIM-
 INARY RELIEF.
   2.  THE  ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE   TO   RECEIVE
 COMPLAINTS,  INFORMATION,  AND/OR  REFERRALS  FROM MEMBERS OF THE PUBLIC
 CONCERNING AN OPERATOR'S OR COVERED  PLATFORM'S  ALLEGED  COMPLIANCE  OR
 NONCOMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
   §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
 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 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.
   § 4. This act shall take effect January 1, 2027.  Effective immediate-
 ly, 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.
 S. 9008                            54                           A. 10008

                                  PART Z
 
   Section 1. The general business law is amended by adding a new section
 349-i to read as follows:
   § 349-I. ADVERTISING FORMER PRICES. 1. NO RETAIL SELLER SHALL KNOWING-
 LY  ADVERTISE  A  REDUCTION IN THE PRICE OF A PRODUCT FROM SUCH SELLER'S
 OWN FORMER PRICE, UNLESS SUCH FORMER PRICE  IS  THE  ACTUAL,  BONA  FIDE
 PRICE  OF THE PRODUCT FOR WHICH THE RETAIL SELLER OFFERED TO THE PUBLIC,
 OPENLY AND IN GOOD FAITH. FOR THE PURPOSES OF THIS SECTION, THE  FOLLOW-
 ING NON-EXHAUSTIVE FACTORS MAY BE CONSIDERED IN DETERMINING WHETHER SUCH
 FORMER PRICE IS AN ACTUAL, BONA FIDE PRICE:
   A.  WHETHER  THE  FORMER  PRICE  EXCEEDS THE RETAIL SELLER'S USUAL AND
 CUSTOMARY RETAIL MARK-UP FOR SIMILAR MERCHANDISE;
   B. WHETHER THE FORMER PRICE IS THE  PRICE  AT  WHICH  OR  ABOVE  WHICH
 SUBSTANTIAL SALES WERE MADE IN THE REGULAR COURSE OF BUSINESS;
   C.  WHETHER  THE  FORMER  PRICE  WAS OPENLY OFFERED TO THE PUBLIC ON A
 REGULAR BASIS, FOR A REASONABLY SUBSTANTIAL PERIOD OF TIME,  WITHIN  THE
 REGULAR COURSE OF BUSINESS;
   D.  WHETHER  THE  FORMER  PRICE  WAS OPENLY OFFERED TO THE PUBLIC ON A
 REGULAR BASIS, IN THE RECENT, REGULAR COURSE OF BUSINESS;
   E. WHETHER THE FORMER PRICE WAS NOT USED IN THE  RECENT  PAST  BUT  AT
 SOME  REMOTE PERIOD IN THE PAST, WITHOUT MAKING DISCLOSURE OF THAT FACT;
 OR
   F. WHETHER THE FORMER PRICE WAS NOT OPENLY OFFERED TO THE  PUBLIC,  OR
 WAS  NOT MAINTAINED FOR A REASONABLE LENGTH OF TIME, BUT WAS IMMEDIATELY
 REDUCED.
   2. ANY VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A
 DECEPTIVE ACT OR DECEPTIVE PRACTICE WITHIN THE MEANING OF SECTION  THREE
 HUNDRED FORTY-NINE OF THIS ARTICLE.
   § 2. This act shall take effect immediately.
 
                                  PART AA
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "data broker accountability act".
   § 2. The general business law is amended by adding a new article 48 to
 read as follows:
                                ARTICLE 48
                      DATA BROKER ACCOUNTABILITY ACT
 SECTION 1800. DEFINITIONS.
         1801. DATA BROKER REGISTRATION.
         1802. DATA BROKER REGISTRATION AND DELETION PORTAL.
         1803. CONSUMER DELETION REQUESTS.
         1804. ACCESSIBLE DELETION REQUEST MECHANISM FOR CONSUMERS.
         1805. DATA BROKER WEBSITE DISCLOSURE REQUIREMENTS.
         1806. RULEMAKING.
         1807. POWERS, DUTIES AND ADJUDICATORY PROCEEDINGS.
         1808. STATUTE OF LIMITATIONS.
         1809. ENFORCEMENT.
         1810.  ASSESSMENTS.
         1811. EXEMPTIONS.
   § 1800. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFI-
 NITIONS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADVERTISING AND MARKETING" MEANS A COMMUNICATION BY A BUSINESS  OR
 A  PERSON  ACTING  ON  SUCH  BUSINESS'  BEHALF IN ANY MEDIUM INTENDED TO
 INDUCE A CONSUMER TO OBTAIN GOODS, SERVICES, OR EMPLOYMENT.
 S. 9008                            55                           A. 10008
 
   2. "AGGREGATE CONSUMER INFORMATION" MEANS INFORMATION THAT RELATES  TO
 A GROUP OR CATEGORY OF CONSUMERS, FROM WHICH INDIVIDUAL CONSUMER IDENTI-
 TIES HAVE BEEN REMOVED, THAT IS NOT LINKED OR REASONABLY LINKABLE TO ANY
 CONSUMER  OR  HOUSEHOLD,  INCLUDING  VIA  A  DEVICE. THE TERM "AGGREGATE
 CONSUMER  INFORMATION" SHALL NOT INCLUDE ONE OR MORE INDIVIDUAL CONSUMER
 RECORDS THAT HAVE BEEN DEIDENTIFIED.
   3.  "BIOMETRIC  INFORMATION"  MEANS  AN  INDIVIDUAL'S   PHYSIOLOGICAL,
 BIOLOGICAL,   OR   BEHAVIORAL   CHARACTERISTICS,  INCLUDING  INFORMATION
 PERTAINING TO AN INDIVIDUAL'S DEOXYRIBONUCLEIC ACID (DNA), THAT IS  USED
 OR  IS  INTENDED  TO BE USED SINGLY OR IN COMBINATION WITH EACH OTHER OR
 WITH OTHER IDENTIFYING DATA, TO ESTABLISH INDIVIDUAL IDENTITY. THE  TERM
 "BIOMETRIC  INFORMATION" INCLUDES, BUT IS NOT LIMITED TO, IMAGERY OF THE
 IRIS, RETINA, FINGERPRINT, FACE, HAND, PALM, VEIN  PATTERNS,  AND  VOICE
 RECORDINGS,  FROM  WHICH  AN IDENTIFIER TEMPLATE, SUCH AS A FACEPRINT, A
 MINUTIAE TEMPLATE, OR A VOICEPRINT,  CAN  BE  EXTRACTED,  AND  KEYSTROKE
 PATTERNS  OR  RHYTHMS,  GAIT  PATTERNS OR RHYTHMS, AND SLEEP, HEALTH, OR
 EXERCISE DATA THAT CONTAIN IDENTIFYING INFORMATION.
   4. "BUSINESS" MEANS:
   (A) A SOLE PROPRIETORSHIP,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,
 CORPORATION,  ASSOCIATION,  OR  OTHER  LEGAL ENTITY THAT IS ORGANIZED OR
 OPERATED FOR THE PROFIT OR FINANCIAL  BENEFIT  OF  ITS  SHAREHOLDERS  OR
 OTHER  OWNERS,  THAT COLLECTS CONSUMERS' PERSONAL INFORMATION, OR ON THE
 BEHALF OF WHICH SUCH INFORMATION IS COLLECTED AND THAT ALONE, OR JOINTLY
 WITH OTHERS, DETERMINES THE PURPOSES AND  MEANS  OF  THE  PROCESSING  OF
 CONSUMERS'  PERSONAL INFORMATION, THAT DOES BUSINESS IN THE STATE OF NEW
 YORK, AND THAT SATISFIES ONE OR MORE OF THE FOLLOWING THRESHOLDS:
   (I) AS OF JANUARY FIRST OF THE  RELEVANT  CALENDAR  YEAR,  HAD  ANNUAL
 GROSS REVENUES IN EXCESS OF TWENTY-FIVE MILLION DOLLARS IN THE PRECEDING
 CALENDAR YEAR;
   (II)  ALONE  OR  IN  COMBINATION,  ANNUALLY BUYS, SELLS, OR SHARES THE
 PERSONAL INFORMATION OF ONE HUNDRED THOUSAND OR MORE CONSUMERS OR HOUSE-
 HOLDS; OR
   (III) DERIVES FIFTY PERCENT OR MORE OF ITS ANNUAL REVENUES FROM  SELL-
 ING OR SHARING CONSUMERS' PERSONAL INFORMATION;
   (B)  (I)  ANY  ENTITY THAT CONTROLS OR IS CONTROLLED BY A BUSINESS, AS
 DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION,  AND  THAT  SHARES  COMMON
 BRANDING  WITH  SUCH BUSINESS AND WITH WHOM SUCH BUSINESS SHARES CONSUM-
 ERS' PERSONAL INFORMATION.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1)  "CONTROL"  OR  "CONTROLLED"  MEANS  OWNERSHIP OF, OR THE POWER TO
 VOTE, MORE THAN FIFTY PERCENT OF THE OUTSTANDING SHARES OF ANY CLASS  OF
 VOTING  SECURITY  OF A BUSINESS; CONTROL IN ANY MANNER OVER THE ELECTION
 OF A MAJORITY OF THE DIRECTORS, OR  OF  INDIVIDUALS  EXERCISING  SIMILAR
 FUNCTIONS;  OR  THE  POWER  TO EXERCISE A CONTROLLING INFLUENCE OVER THE
 MANAGEMENT OF A COMPANY;
   (2) "COMMON BRANDING" MEANS A SHARED NAME, SERVICE MARK, OR  TRADEMARK
 THAT THE AVERAGE CONSUMER WOULD UNDERSTAND THAT TWO OR MORE ENTITIES ARE
 COMMONLY OWNED;
   (C)  A  JOINT  VENTURE  OR PARTNERSHIP COMPOSED OF BUSINESSES IN WHICH
 EACH BUSINESS HAS AT LEAST A FORTY PERCENT  INTEREST.  FOR  PURPOSES  OF
 THIS  ARTICLE,  THE  JOINT VENTURE OR PARTNERSHIP AND EACH BUSINESS THAT
 COMPOSES THE JOINT VENTURE OR PARTNERSHIP SHALL SEPARATELY BE CONSIDERED
 A SINGLE BUSINESS, EXCEPT THAT PERSONAL INFORMATION IN THE POSSESSION OF
 EACH BUSINESS AND DISCLOSED TO THE JOINT VENTURE  OR  PARTNERSHIP  SHALL
 NOT BE SHARED WITH THE OTHER BUSINESS; OR
 S. 9008                            56                           A. 10008
 
   (D)  A  PERSON  THAT DOES BUSINESS IN NEW YORK, THAT IS NOT COVERED BY
 PARAGRAPH (A), (B), OR (C) OF THIS  SUBDIVISION,  AND  THAT  VOLUNTARILY
 CERTIFIES  TO THE OFFICE THAT IT IS IN COMPLIANCE WITH, AND AGREES TO BE
 BOUND BY, THIS ARTICLE.
   5.  "BUSINESS  PURPOSE"  MEANS THE USE OF PERSONAL INFORMATION FOR THE
 BUSINESS' OPERATIONAL PURPOSES, OR OTHER NOTIFIED PURPOSES, OR  FOR  THE
 SERVICE  PROVIDER  OR  CONTRACTOR'S  OPERATIONAL  PURPOSES,  AS  FURTHER
 DEFINED BY REGULATIONS PROMULGATED BY THE OFFICE, PROVIDED THAT THE  USE
 OF  PERSONAL INFORMATION SHALL BE REASONABLY NECESSARY AND PROPORTIONATE
 TO ACHIEVE THE PURPOSE FOR WHICH THE PERSONAL INFORMATION WAS  COLLECTED
 OR  PROCESSED OR FOR ANOTHER PURPOSE THAT IS COMPATIBLE WITH THE CONTEXT
 IN WHICH THE PERSONAL INFORMATION  WAS  COLLECTED.  THE  TERM  "BUSINESS
 PURPOSES" SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  AUDITING  RELATED  TO COUNTING AD IMPRESSIONS TO UNIQUE VISITORS,
 VERIFYING POSITIONING  AND  QUALITY  OF  AD  IMPRESSIONS,  AND  AUDITING
 COMPLIANCE WITH THIS SPECIFICATION AND OTHER STANDARDS;
   (B)  HELPING TO ENSURE SECURITY AND INTEGRITY TO THE EXTENT THE USE OF
 THE CONSUMER'S PERSONAL INFORMATION IS REASONABLY NECESSARY AND  PROPOR-
 TIONATE FOR THESE PURPOSES;
   (C)  DEBUGGING  TO  IDENTIFY  AND  REPAIR  ERRORS THAT IMPAIR EXISTING
 INTENDED FUNCTIONALITY;
   (D) SHORT-TERM, TRANSIENT USE, INCLUDING, BUT NOT LIMITED TO, NON-PER-
 SONALIZED ADVERTISING SHOWN AS PART OF A CONSUMER'S CURRENT  INTERACTION
 WITH  THE BUSINESS, PROVIDED THAT THE CONSUMER'S PERSONAL INFORMATION IS
 NOT DISCLOSED TO ANOTHER THIRD PARTY AND IS NOT USED TO BUILD A  PROFILE
 ABOUT  THE CONSUMER OR OTHERWISE ALTER THE CONSUMER'S EXPERIENCE OUTSIDE
 THE CURRENT INTERACTION WITH THE BUSINESS;
   (E) PERFORMING SERVICES ON BEHALF OF THE BUSINESS, INCLUDING MAINTAIN-
 ING OR SERVICING ACCOUNTS, PROVIDING  CUSTOMER  SERVICE,  PROCESSING  OR
 FULFILLING  ORDERS  AND  TRANSACTIONS,  VERIFYING  CUSTOMER INFORMATION,
 PROCESSING PAYMENTS, PROVIDING FINANCING, PROVIDING  ANALYTIC  SERVICES,
 PROVIDING  STORAGE, OR PROVIDING SIMILAR SERVICES ON BEHALF OF THE BUSI-
 NESS;
   (F) PROVIDING ADVERTISING AND MARKETING SERVICES,  EXCEPT  FOR  CROSS-
 CONTEXT  BEHAVIORAL  ADVERTISING, TO THE CONSUMER PROVIDED THAT, FOR THE
 PURPOSE OF ADVERTISING AND MARKETING, A SERVICE PROVIDER  OR  CONTRACTOR
 SHALL  NOT  COMBINE THE PERSONAL INFORMATION OF OPTED-OUT CONSUMERS THAT
 THE SERVICE PROVIDER OR CONTRACTOR RECEIVES FROM, OR ON BEHALF  OF,  THE
 BUSINESS WITH PERSONAL INFORMATION THAT THE SERVICE PROVIDER OR CONTRAC-
 TOR  RECEIVES  FROM,  OR  ON  BEHALF  OF,  ANOTHER  PERSON OR PERSONS OR
 COLLECTS FROM ITS OWN INTERACTION WITH CONSUMERS;
   (G) UNDERTAKING INTERNAL RESEARCH FOR  TECHNOLOGICAL  DEVELOPMENT  AND
 DEMONSTRATION; OR
   (H) UNDERTAKING ACTIVITIES TO VERIFY OR MAINTAIN THE QUALITY OR SAFETY
 OF A SERVICE OR DEVICE THAT IS OWNED, MANUFACTURED, MANUFACTURED FOR, OR
 CONTROLLED  BY  THE  BUSINESS,  AND  TO IMPROVE, UPGRADE, OR ENHANCE THE
 SERVICE OR DEVICE THAT IS  OWNED,  MANUFACTURED,  MANUFACTURED  FOR,  OR
 CONTROLLED BY THE BUSINESS.
   6.  "COLLECTS",  "COLLECTED",  OR  "COLLECTION" MEANS BUYING, RENTING,
 GATHERING, OBTAINING, RECEIVING, OR ACCESSING ANY  PERSONAL  INFORMATION
 PERTAINING  TO  A  CONSUMER  BY ANY MEANS, INCLUDING BUT NOT LIMITED TO,
 RECEIVING INFORMATION FROM THE CONSUMER, EITHER ACTIVELY  OR  PASSIVELY,
 OR BY OBSERVING THE CONSUMER'S BEHAVIOR.
   7.  "CONSENT" MEANS ANY FREELY GIVEN, SPECIFIC, INFORMED, AND UNAMBIG-
 UOUS INDICATION OF A CONSUMER'S WISHES BY WHICH SUCH CONSUMER,  OR  SUCH
 CONSUMER'S  LEGAL  GUARDIAN,  A  PERSON  WHO HAS POWER OF ATTORNEY, OR A
 S. 9008                            57                           A. 10008
 
 PERSON ACTING AS A CONSERVATOR FOR SUCH CONSUMER, INCLUDING BY A  STATE-
 MENT  OR BY A CLEAR AFFIRMATIVE ACTION, SIGNIFIES AGREEMENT TO THE PROC-
 ESSING OF PERSONAL INFORMATION RELATING TO SUCH CONSUMER FOR A  NARROWLY
 DEFINED  PARTICULAR  PURPOSE.  ACCEPTANCE OF A GENERAL OR BROAD TERMS OF
 USE, OR SIMILAR DOCUMENT, THAT CONTAINS DESCRIPTIONS OF PERSONAL  INFOR-
 MATION  PROCESSING  ALONG  WITH  OTHER, UNRELATED INFORMATION, SHALL NOT
 CONSTITUTE CONSENT. HOVERING OVER, MUTING, PAUSING, OR CLOSING  A  GIVEN
 PIECE  OF  CONTENT  SHALL  NOT  CONSTITUTE  CONSENT.  AGREEMENT OBTAINED
 THROUGH USE OF DARK PATTERNS SHALL NOT CONSTITUTE CONSENT.
   8. "CONSUMER" MEANS A NATURAL PERSON WHO IS AN INDIVIDUAL  WHO  IS  IN
 NEW  YORK  STATE  FOR  OTHER THAN A TEMPORARY OR TRANSITORY PURPOSE, AND
 EVERY INDIVIDUAL WHO IS DOMICILED IN NEW YORK STATE WHO IS  OUTSIDE  THE
 STATE FOR A TEMPORARY OR TRANSITORY PURPOSE.
   9.  "CONTRACTOR"  MEANS  A PERSON TO WHOM A BUSINESS MAKES AVAILABLE A
 CONSUMER'S PERSONAL INFORMATION FOR A BUSINESS PURPOSE,  PURSUANT  TO  A
 WRITTEN CONTRACT WITH SUCH BUSINESS, PROVIDED THAT SUCH CONTRACT:
   (A) PROHIBITS THE CONTRACTOR FROM:
   (I) SELLING OR SHARING SUCH PERSONAL INFORMATION;
   (II) RETAINING, USING, OR DISCLOSING SUCH PERSONAL INFORMATION FOR ANY
 PURPOSE OTHER THAN FOR THE BUSINESS PURPOSES SPECIFIED IN SUCH CONTRACT,
 INCLUDING  RETAINING, USING, OR DISCLOSING SUCH PERSONAL INFORMATION FOR
 A COMMERCIAL PURPOSE OTHER THAN THE BUSINESS PURPOSES SPECIFIED IN  SUCH
 CONTRACT, OR AS OTHERWISE PERMITTED BY THIS ARTICLE;
   (III)  RETAINING,  USING,  OR  DISCLOSING  SUCH  PERSONAL  INFORMATION
 OUTSIDE OF THE DIRECT BUSINESS RELATIONSHIP BETWEEN THE  CONTRACTOR  AND
 SUCH BUSINESS;
   (IV)  COMBINING SUCH PERSONAL INFORMATION THAT THE CONTRACTOR RECEIVES
 PURSUANT TO A WRITTEN CONTRACT WITH SUCH BUSINESS WITH PERSONAL INFORMA-
 TION THAT IT RECEIVES FROM OR ON BEHALF OF ANOTHER PERSON OR PERSONS, OR
 COLLECTS FROM ITS OWN INTERACTION WITH THE CONSUMER, PROVIDED THAT  SUCH
 CONTRACTOR  MAY  COMBINE  PERSONAL  INFORMATION  TO PERFORM ANY BUSINESS
 PURPOSE AS DEFINED IN REGULATIONS ADOPTED BY THE OFFICE;
   (B) INCLUDES A CERTIFICATION MADE BY THE CONTRACTOR THAT THE  CONTRAC-
 TOR  UNDERSTANDS  THE RESTRICTIONS PROVIDED FOR IN ACCORDANCE WITH PARA-
 GRAPH (A) OF THIS SUBDIVISION AND WILL COMPLY WITH THEM;
   (C) PERMITS, SUBJECT TO AGREEMENT WITH THE CONTRACTOR, THE BUSINESS TO
 MONITOR THE CONTRACTOR'S COMPLIANCE WITH THE CONTRACT THROUGH  MEASURES,
 INCLUDING,  BUT  NOT  LIMITED  TO,  ONGOING MANUAL REVIEWS AND AUTOMATED
 SCANS AND REGULAR ASSESSMENTS, AUDITS, OR  OTHER  TECHNICAL  AND  OPERA-
 TIONAL TESTING AT LEAST ONCE EVERY TWELVE MONTHS; AND
   (D) PROVIDES THAT IF THE CONTRACTOR ENGAGES ANY OTHER PERSON TO ASSIST
 IT  IN  PROCESSING PERSONAL INFORMATION FOR A BUSINESS PURPOSE ON BEHALF
 OF SUCH BUSINESS, OR IF ANY OTHER  PERSON  ENGAGED  BY  SUCH  CONTRACTOR
 ENGAGES  ANOTHER PERSON TO ASSIST IN PROCESSING PERSONAL INFORMATION FOR
 SUCH BUSINESS PURPOSE, IT SHALL NOTIFY SUCH BUSINESS OF SUCH ENGAGEMENT,
 AND SUCH ENGAGEMENT SHALL BE PURSUANT TO A WRITTEN CONTRACT BINDING SUCH
 OTHER PERSON TO OBSERVE ALL THE REQUIREMENTS SET FORTH IN THIS  SUBDIVI-
 SION.
   10.  "CROSS-CONTEXT  BEHAVIORAL  ADVERTISING"  MEANS  THE TARGETING OF
 ADVERTISING AND  MARKETING  TO  A  CONSUMER  BASED  ON  SUCH  CONSUMER'S
 PERSONAL INFORMATION OBTAINED FROM SUCH CONSUMER'S ACTIVITY ACROSS BUSI-
 NESSES, DISTINCTLY BRANDED INTERNET WEBSITES, APPLICATIONS, OR SERVICES,
 OTHER  THAN  THE BUSINESS, DISTINCTLY BRANDED INTERNET WEBSITE, APPLICA-
 TION, OR SERVICE WITH WHICH SUCH CONSUMER INTENTIONALLY INTERACTS.
 S. 9008                            58                           A. 10008
 
   11. (A) "DATA BROKER" MEANS A BUSINESS  THAT  KNOWINGLY  COLLECTS  AND
 SELLS  TO THIRD PARTIES THE PERSONAL INFORMATION OF A CONSUMER WITH WHOM
 SUCH BUSINESS EITHER:
   (I) DOES NOT HAVE A DIRECT RELATIONSHIP; AND/OR
   (II)  DOES  NOT  HAVE  A  DIRECT RELATIONSHIP WITH SUCH CONSUMER AS TO
 PERSONAL INFORMATION IT SELLS ABOUT  SUCH  CONSUMER  THAT  IT  COLLECTED
 OUTSIDE  OF  A  CONSUMER-FACING BUSINESS WITH WHICH THE CONSUMER INTENDS
 AND EXPECTS TO INTERACT.
   (B) THE TERM "DATA BROKER" SHALL NOT INCLUDE ANY OF THE FOLLOWING:
   (I) AN ENTITY TO THE EXTENT THAT IT IS COVERED  BY  THE  FEDERAL  FAIR
 CREDIT REPORTING ACT (15 U.S.C. SEC. 1681 ET SEQ.);
   (II)  AN  ENTITY  TO THE EXTENT THAT IT IS COVERED BY THE GRAMM-LEACH-
 BLILEY ACT (PUBLIC LAW 106-102) AND IMPLEMENTING REGULATIONS;
   (III) A FEDERAL, STATE, TRIBAL,  TERRITORIAL,  OR  LOCAL  GOVERNMENTAL
 ENTITY,   INCLUDING   A  BODY,  AUTHORITY,  BOARD,  BUREAU,  COMMISSION,
 DISTRICT, AGENCY, OR POLITICAL SUBDIVISION OF A GOVERNMENTAL ENTITY;
   (IV) AN ENTITY THAT SERVES AS A CONGRESSIONALLY DESIGNATED  NONPROFIT,
 NATIONAL  RESOURCE  CENTER,  OR  CLEARINGHOUSE  TO PROVIDE ASSISTANCE TO
 VICTIMS, FAMILIES, CHILD-SERVING PROFESSIONALS, AND THE  GENERAL  PUBLIC
 ON MISSING AND EXPLOITED CHILDREN ISSUES; OR
   (V)  AN ENTITY TO THE EXTENT IT IS COVERED BY SECTION EIGHTEEN HUNDRED
 ELEVEN OF THIS ARTICLE.
   12. "DARK PATTERN" MEANS A USER INTERFACE DESIGNED OR MANIPULATED WITH
 THE SUBSTANTIAL EFFECT OF SUBVERTING OR IMPAIRING USER  AUTONOMY,  DECI-
 SION  MAKING,  OR CHOICE, AS FURTHER DEFINED BY REGULATION ISSUED BY THE
 OFFICE.
   13. "DEIDENTIFIED" MEANS INFORMATION THAT CANNOT REASONABLY BE USED TO
 INFER INFORMATION ABOUT, OR OTHERWISE BE LINKED TO, A PARTICULAR CONSUM-
 ER PROVIDED THAT THE BUSINESS THAT POSSESSES SUCH INFORMATION:
   (A) TAKES REASONABLE MEASURES TO ENSURE THAT SUCH  INFORMATION  CANNOT
 BE ASSOCIATED WITH A CONSUMER OR HOUSEHOLD;
   (B) PUBLICLY COMMITS TO MAINTAIN AND USE SUCH INFORMATION IN DEIDENTI-
 FIED FORM AND NOT TO ATTEMPT TO REIDENTIFY SUCH INFORMATION, EXCEPT THAT
 SUCH  BUSINESS MAY ATTEMPT TO REIDENTIFY SUCH INFORMATION SOLELY FOR THE
 PURPOSE OF DETERMINING WHETHER ITS  DEIDENTIFICATION  PROCESSES  SATISFY
 THE REQUIREMENTS OF THIS SUBDIVISION; AND
   (C)  CONTRACTUALLY  OBLIGATES  ANY  RECIPIENTS  OF SUCH INFORMATION TO
 COMPLY WITH ALL PROVISIONS OF THIS SUBDIVISION.
   14. "DESIGNATED METHODS  FOR  SUBMITTING  REQUESTS"  MEANS  A  MAILING
 ADDRESS,  EMAIL  ADDRESS,  INTERNET WEB PAGE, INTERNET WEB PORTAL, TOLL-
 FREE TELEPHONE NUMBER, OR OTHER APPLICABLE CONTACT INFORMATION,  WHEREBY
 CONSUMERS  MAY SUBMIT A REQUEST OR DIRECTION UNDER THIS ARTICLE, AND ANY
 NEW, CONSUMER-FRIENDLY MEANS OF CONTACTING A BUSINESS,  AS  APPROVED  IN
 WRITING BY THE OFFICE.
   15.  "DEVELOPER OF A GENAI SYSTEM" MEANS A PERSON, PARTNERSHIP, CORPO-
 RATION, FIRM, ORGANIZATION OR OTHER ENTITY THAT DESIGNS, CODES,  PRODUC-
 ES, TRAINS OR SUBSTANTIALLY MODIFIES A GENAI SYSTEM.
   16.  "DEVICE"  MEANS ANY PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING
 TO THE INTERNET, DIRECTLY OR INDIRECTLY, OR TO ANOTHER DEVICE.
   17. "FOREIGN ACTOR" MEANS EITHER OF THE FOLLOWING:
   (A) THE GOVERNMENT OF A COVERED NATION AS DEFINED IN SECTION  4872  OF
 TITLE 10 OF THE UNITED STATES CODE; OR
   (B)  A  PARTNERSHIP,  ASSOCIATION, CORPORATION, ORGANIZATION, OR OTHER
 COMBINATION OF PERSONS ORGANIZED UNDER THE LAWS OF OR HAVING ITS PRINCI-
 PAL PLACE OF BUSINESS IN A COVERED NATION AS DEFINED IN SECTION 4872  OF
 TITLE 10 OF THE UNITED STATES CODE.
 S. 9008                            59                           A. 10008

   18.  "GENERATIVE  ARTIFICIAL  INTELLIGENCE  SYSTEM"  OR "GENAI SYSTEM"
 MEANS AN ARTIFICIAL INTELLIGENCE THAT  CAN  GENERATE  DERIVED  SYNTHETIC
 CONTENT,  INCLUDING  TEXT,  IMAGES,  VIDEO, AND AUDIO, THAT EMULATES THE
 STRUCTURE AND CHARACTERISTICS OF THE SYSTEM'S TRAINING DATA.
   19.  "HOMEPAGE" MEANS THE INTRODUCTORY PAGE OF AN INTERNET WEBSITE AND
 ANY INTERNET WEB PAGE WHERE PERSONAL INFORMATION IS  COLLECTED.  IN  THE
 CASE OF AN ONLINE SERVICE, SUCH AS A MOBILE APPLICATION, THE TERM "HOME-
 PAGE"  MEANS  SUCH  APPLICATION'S PLATFORM PAGE OR DOWNLOAD PAGE, A LINK
 WITHIN SUCH APPLICATION, SUCH AS  FROM  THE  APPLICATION  CONFIGURATION,
 "ABOUT",  "INFORMATION",  OR  SETTINGS PAGE, AND ANY OTHER LOCATION THAT
 ALLOWS CONSUMERS TO REVIEW THE NOTICES REQUIRED BY THIS ARTICLE, INCLUD-
 ING, BUT NOT LIMITED TO, BEFORE DOWNLOADING SUCH APPLICATION.
   20. "HOUSEHOLD" MEANS A GROUP, HOWEVER IDENTIFIED,  OF  CONSUMERS  WHO
 COHABITATE  WITH  ONE  ANOTHER AT THE SAME RESIDENTIAL ADDRESS AND SHARE
 USE OF COMMON DEVICES OR SERVICES.
   21. "INFER" OR "INFERENCE" MEANS THE DERIVATION OF INFORMATION,  DATA,
 ASSUMPTIONS,  OR  CONCLUSIONS FROM FACTS, EVIDENCE, OR ANOTHER SOURCE OF
 INFORMATION OR DATA.
   22. "INTENTIONALLY INTERACTS" MEANS WHEN A CONSUMER INTENDS TO  INTER-
 ACT WITH A PERSON, OR DISCLOSE PERSONAL INFORMATION TO A PERSON, VIA ONE
 OR MORE DELIBERATE INTERACTIONS, INCLUDING VISITING SUCH PERSON'S INTER-
 NET  WEBSITE  OR PURCHASING A GOOD OR SERVICE FROM SUCH PERSON. HOVERING
 OVER, MUTING, PAUSING, OR CLOSING A GIVEN PIECE  OF  CONTENT  SHALL  NOT
 CONSTITUTE A CONSUMER'S INTENT TO INTERACT WITH A PERSON.
   23.  "NON-PERSONALIZED  ADVERTISING"  MEANS  ADVERTISING AND MARKETING
 THAT IS BASED SOLELY ON A CONSUMER'S PERSONAL INFORMATION  DERIVED  FROM
 SUCH CONSUMER'S CURRENT INTERACTION WITH THE BUSINESS WITH THE EXCEPTION
 OF SUCH CONSUMER'S PRECISE GEOLOCATION.
   24.  "PERSON"  MEANS AN INDIVIDUAL, PROPRIETORSHIP, FIRM, PARTNERSHIP,
 JOINT VENTURE, SYNDICATE, BUSINESS TRUST, COMPANY, CORPORATION,  LIMITED
 LIABILITY COMPANY, ASSOCIATION, COMMITTEE, AND ANY OTHER ORGANIZATION OR
 GROUP OF PERSONS ACTING IN CONCERT.
   25.  (A) "PERSONAL INFORMATION" MEANS INFORMATION, HOWEVER MAINTAINED,
 THAT IDENTIFIES, RELATES TO, DESCRIBES, IS REASONABLY CAPABLE  OF  BEING
 ASSOCIATED  WITH, OR COULD REASONABLY BE LINKED, DIRECTLY OR INDIRECTLY,
 WITH A PARTICULAR CONSUMER OR HOUSEHOLD, INCLUDING, BUT NOT LIMITED  TO,
 THE FOLLOWING:
   (I)  IDENTIFIERS  SUCH  AS  A REAL NAME, ALIAS, POSTAL ADDRESS, UNIQUE
 PERSONAL IDENTIFIER, ONLINE IDENTIFIER, INTERNET PROTOCOL ADDRESS, EMAIL
 ADDRESS, ACCOUNT NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE  NUMBER,
 PASSPORT NUMBER, OR OTHER SIMILAR IDENTIFIERS;
   (II)  ANY  INFORMATION  THAT  IDENTIFIES, RELATES TO, DESCRIBES, OR IS
 CAPABLE OF BEING ASSOCIATED WITH, A  PARTICULAR  INDIVIDUAL,  INCLUDING,
 BUT  NOT  LIMITED TO, SUCH INDIVIDUAL'S NAME, SIGNATURE, SOCIAL SECURITY
 NUMBER, PHYSICAL  CHARACTERISTICS  OR  DESCRIPTION,  ADDRESS,  TELEPHONE
 NUMBER,  PASSPORT  NUMBER, DRIVER'S LICENSE OR STATE IDENTIFICATION CARD
 NUMBER,  INSURANCE  POLICY  NUMBER,  EDUCATION,  EMPLOYMENT,  EMPLOYMENT
 HISTORY,  BANK ACCOUNT NUMBER, CREDIT CARD NUMBER, DEBIT CARD NUMBER, OR
 ANY OTHER FINANCIAL INFORMATION, MEDICAL INFORMATION, OR  HEALTH  INSUR-
 ANCE INFORMATION;
   (III)  CHARACTERISTICS  OF PROTECTED CLASSIFICATIONS UNDER NEW YORK OR
 FEDERAL LAW;
   (IV) COMMERCIAL INFORMATION, INCLUDING RECORDS OF  PERSONAL  PROPERTY,
 PRODUCTS  OR  SERVICES  PURCHASED,  OBTAINED,  OR  CONSIDERED,  OR OTHER
 PURCHASING OR CONSUMING HISTORIES OR TENDENCIES;
   (V) BIOMETRIC INFORMATION;
 S. 9008                            60                           A. 10008
 
   (VI)  INTERNET  OR  OTHER  ELECTRONIC  NETWORK  ACTIVITY  INFORMATION,
 INCLUDING,  BUT  NOT  LIMITED  TO, BROWSING HISTORY, SEARCH HISTORY, AND
 INFORMATION REGARDING A CONSUMER'S INTERACTION WITH AN INTERNET  WEBSITE
 APPLICATION, OR ADVERTISEMENT;
   (VII) GEOLOCATION DATA;
   (VIII)  AUDIO,  ELECTRONIC,  VISUAL,  THERMAL,  OLFACTORY,  OR SIMILAR
 INFORMATION;
   (IX) PROFESSIONAL OR EMPLOYMENT-RELATED INFORMATION;
   (X) EDUCATION INFORMATION, DEFINED AS INFORMATION THAT IS NOT PUBLICLY
 AVAILABLE PERSONALLY IDENTIFIABLE INFORMATION AS DEFINED IN  THE  FAMILY
 EDUCATIONAL RIGHTS AND PRIVACY ACT (20 U.S.C. SEC. 1232G; 34 C.F.R. PART
 99);
   (XI)  INFERENCES  DRAWN FROM ANY OF THE INFORMATION IDENTIFIED IN THIS
 SUBDIVISION TO CREATE A PROFILE ABOUT A CONSUMER REFLECTING SUCH CONSUM-
 ER'S PREFERENCES,  CHARACTERISTICS,  PSYCHOLOGICAL  TRENDS,  PREDISPOSI-
 TIONS, BEHAVIOR, ATTITUDES, INTELLIGENCE, ABILITIES, AND APTITUDES; AND
   (XII) SENSITIVE PERSONAL INFORMATION;
   (B)  THE TERM "PERSONAL INFORMATION" SHALL NOT INCLUDE PUBLICLY AVAIL-
 ABLE INFORMATION OR LAWFULLY OBTAINED, TRUTHFUL INFORMATION  THAT  IS  A
 MATTER  OF  PUBLIC  CONCERN.  FOR  PURPOSES OF THIS PARAGRAPH, "PUBLICLY
 AVAILABLE" MEANS ANY OF THE FOLLOWING:
   (I) INFORMATION THAT IS LAWFULLY MADE AVAILABLE FROM  FEDERAL,  STATE,
 OR LOCAL GOVERNMENT RECORDS;
   (II)  INFORMATION THAT A BUSINESS HAS A REASONABLE BASIS TO BELIEVE IS
 LAWFULLY MADE AVAILABLE TO THE GENERAL PUBLIC BY THE  CONSUMER  OR  FROM
 WIDELY DISTRIBUTED MEDIA; OR
   (III)  INFORMATION MADE AVAILABLE BY A PERSON TO WHOM THE CONSUMER HAS
 DISCLOSED SUCH INFORMATION IF SUCH  CONSUMER  HAS  NOT  RESTRICTED  SUCH
 INFORMATION TO A SPECIFIC AUDIENCE.
   (C) THE TERM "PUBLICLY AVAILABLE" SHALL NOT MEAN BIOMETRIC INFORMATION
 COLLECTED  BY  A BUSINESS ABOUT A CONSUMER WITHOUT SUCH CONSUMER'S KNOW-
 LEDGE.
   (D) THE TERM "PERSONAL INFORMATION" SHALL NOT INCLUDE CONSUMER  INFOR-
 MATION THAT IS DEIDENTIFIED OR AGGREGATE CONSUMER INFORMATION.
   (E)  THE  TERM  "PERSONAL  INFORMATION"  MAY EXIST IN VARIOUS FORMATS,
 INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING:
   (I) PHYSICAL FORMATS, INCLUDING PAPER DOCUMENTS, PRINTED IMAGES, VINYL
 RECORDS, OR VIDEO TAPES;
   (II) DIGITAL FORMATS, INCLUDING TEXT, IMAGE, AUDIO, OR VIDEO FILES; OR
   (III) ABSTRACT DIGITAL  FORMATS,  INCLUDING  COMPRESSED  OR  ENCRYPTED
 FILES,  METADATA, OR ARTIFICIAL INTELLIGENCE SYSTEMS THAT ARE CAPABLE OF
 OUTPUTTING PERSONAL INFORMATION.
   26. "PRECISE GEOLOCATION" MEANS ANY DATA THAT IS DERIVED FROM A DEVICE
 AND THAT IS USED OR INTENDED TO BE USED TO LOCATE A  CONSUMER  WITHIN  A
 GEOGRAPHIC  AREA THAT IS EQUAL TO OR LESS THAN THE AREA OF A CIRCLE WITH
 A RADIUS OF EIGHTEEN HUNDRED FIFTY FEET, EXCEPT AS PRESCRIBED  BY  REGU-
 LATIONS.
   27.  "PROBABILISTIC IDENTIFIER" MEANS THE IDENTIFICATION OF A CONSUMER
 OR SUCH CONSUMER'S DEVICE TO A DEGREE OF CERTAINTY OF MORE PROBABLE THAN
 NOT BASED ON ANY CATEGORIES OF  PERSONAL  INFORMATION  INCLUDED  IN,  OR
 SIMILAR  TO,  THE  CATEGORIES  ENUMERATED  IN THE DEFINITION OF PERSONAL
 INFORMATION UNDER SUBDIVISION TWENTY-FIVE OF THIS SECTION.
   28. "PROCESSING" MEANS ANY OPERATION OR SET  OF  OPERATIONS  THAT  ARE
 PERFORMED  ON  PERSONAL  INFORMATION OR ON SETS OF PERSONAL INFORMATION,
 WHETHER OR NOT BY AUTOMATED MEANS.
 S. 9008                            61                           A. 10008
 
   29. "PROFILING" MEANS ANY FORM OF  AUTOMATED  PROCESSING  OF  PERSONAL
 INFORMATION, AS FURTHER DEFINED BY ANY REGULATIONS ISSUED BY THE OFFICE,
 TO  EVALUATE  CERTAIN PERSONAL ASPECTS RELATING TO A NATURAL PERSON AND,
 IN PARTICULAR, TO ANALYZE OR PREDICT  ASPECTS  CONCERNING  SUCH  NATURAL
 PERSON'S PERFORMANCE AT WORK, ECONOMIC SITUATION, HEALTH, PERSONAL PREF-
 ERENCES, INTERESTS, RELIABILITY, BEHAVIOR, LOCATION, OR MOVEMENTS.
   30.  "PSEUDONYMIZE"  OR  "PSEUDONYMIZATION"  MEANS  THE  PROCESSING OF
 PERSONAL INFORMATION IN A MANNER THAT RENDERS SUCH PERSONAL  INFORMATION
 NO  LONGER  ATTRIBUTABLE TO A SPECIFIC CONSUMER WITHOUT THE USE OF ADDI-
 TIONAL INFORMATION, PROVIDED THAT SUCH ADDITIONAL  INFORMATION  IS  KEPT
 SEPARATELY  AND  IS  SUBJECT TO TECHNICAL AND ORGANIZATIONAL MEASURES TO
 ENSURE THAT SUCH PERSONAL INFORMATION IS NOT ATTRIBUTED TO AN IDENTIFIED
 OR IDENTIFIABLE CONSUMER.
   31. "REPRODUCTIVE HEALTH CARE DATA" MEANS ANY OF THE FOLLOWING:
   (A) INFORMATION ABOUT A CONSUMER SEARCHING FOR, ACCESSING,  PROCURING,
 USING,  OR  OTHERWISE INTERACTING WITH GOODS OR SERVICES ASSOCIATED WITH
 THE HUMAN REPRODUCTIVE SYSTEM, WHICH INCLUDES GOODS SUCH  AS  CONTRACEP-
 TION  INCLUDING  BUT NOT LIMITED TO CONDOMS OR BIRTH-CONTROL PILLS, PRE-
 NATAL AND FERTILITY VITAMINS AND SUPPLEMENTS,  MENSTRUAL-TRACKING  APPS,
 AND  HORMONE-REPLACEMENT  THERAPY, AND SHALL FURTHER INCLUDE, BUT NOT BE
 LIMITED TO, SERVICES SUCH AS SPERM- AND EGG-FREEZING, IN VITRO  FERTILI-
 ZATION,  ABORTION CARE, VASECTOMIES, SEXUAL HEALTH COUNSELING; TREATMENT
 OR COUNSELING FOR SEXUALLY TRANSMITTED INFECTIONS, ERECTILE DYSFUNCTION,
 AND REPRODUCTIVE TRACT INFECTIONS; AND PRECISE  GEOLOCATION  INFORMATION
 ABOUT SUCH TREATMENTS; OR
   (B) INFORMATION ABOUT A CONSUMER'S SEXUAL HISTORY AND FAMILY PLANNING,
 WHICH  INCLUDES INFORMATION SUCH CONSUMER INPUTS INTO A DATING APP ABOUT
 THEIR HISTORY OF SEXUALLY TRANSMITTED INFECTIONS OR DESIRE TO HAVE CHIL-
 DREN THAT IS CONSIDERED SEXUAL HISTORY AND FAMILY PLANNING INFORMATION.
   32. "RESEARCH" MEANS SCIENTIFIC ANALYSIS, SYSTEMATIC STUDY, AND OBSER-
 VATION, INCLUDING BASIC RESEARCH OR APPLIED RESEARCH THAT IS DESIGNED TO
 DEVELOP OR CONTRIBUTE TO PUBLIC OR SCIENTIFIC KNOWLEDGE AND THAT ADHERES
 OR OTHERWISE CONFORMS TO ALL OTHER APPLICABLE ETHICS AND  PRIVACY  LAWS,
 INCLUDING,  BUT NOT LIMITED TO, STUDIES CONDUCTED IN THE PUBLIC INTEREST
 IN THE AREA OF PUBLIC HEALTH. RESEARCH WITH  PERSONAL  INFORMATION  THAT
 MAY  HAVE BEEN COLLECTED FROM A CONSUMER IN THE COURSE OF THE CONSUMER'S
 INTERACTIONS WITH A BUSINESS' SERVICE OR DEVICE FOR OTHER PURPOSES SHALL
 BE:
   (A) COMPATIBLE WITH THE BUSINESS PURPOSE FOR WHICH THE PERSONAL INFOR-
 MATION WAS COLLECTED;
   (B) SUBSEQUENTLY PSEUDONYMIZED AND DEIDENTIFIED, OR  DEIDENTIFIED  AND
 IN  THE AGGREGATE, SUCH THAT THE INFORMATION CANNOT REASONABLY IDENTIFY,
 RELATE TO, DESCRIBE, BE CAPABLE OF BEING ASSOCIATED WITH, OR BE  LINKED,
 DIRECTLY OR INDIRECTLY, TO A PARTICULAR CONSUMER, BY A BUSINESS;
   (C)  MADE  SUBJECT TO TECHNICAL SAFEGUARDS THAT PROHIBIT REIDENTIFICA-
 TION OF THE CONSUMER TO WHOM THE INFORMATION MAY PERTAIN, OTHER THAN  AS
 NEEDED TO SUPPORT THE RESEARCH;
   (D)  SUBJECT  TO BUSINESS PROCESSES THAT SPECIFICALLY PROHIBIT REIDEN-
 TIFICATION OF THE INFORMATION, OTHER  THAN  AS  NEEDED  TO  SUPPORT  THE
 RESEARCH;
   (E)  MADE SUBJECT TO BUSINESS PROCESSES TO PREVENT INADVERTENT RELEASE
 OF DEIDENTIFIED INFORMATION;
   (F) PROTECTED FROM ANY REIDENTIFICATION ATTEMPTS;
   (G) USED SOLELY FOR RESEARCH PURPOSES THAT  ARE  COMPATIBLE  WITH  THE
 CONTEXT IN WHICH THE PERSONAL INFORMATION WAS COLLECTED; AND
 S. 9008                            62                           A. 10008
 
   (H)  SUBJECTED  BY  THE BUSINESS CONDUCTING THE RESEARCH TO ADDITIONAL
 SECURITY CONTROLS THAT LIMIT ACCESS TO THE RESEARCH DATA TO  ONLY  THOSE
 INDIVIDUALS AS ARE NECESSARY TO CARRY OUT THE RESEARCH PURPOSE.
   33. "SECURITY AND INTEGRITY" MEANS THE ABILITY OF:
   (A)  NETWORKS OR INFORMATION SYSTEMS TO DETECT SECURITY INCIDENTS THAT
 COMPROMISE THE AVAILABILITY, AUTHENTICITY, INTEGRITY, AND CONFIDENTIALI-
 TY OF STORED OR TRANSMITTED PERSONAL INFORMATION;
   (B) BUSINESSES TO DETECT SECURITY INCIDENTS, RESIST MALICIOUS,  DECEP-
 TIVE, FRAUDULENT, OR ILLEGAL ACTIONS AND TO HELP PROSECUTE THOSE RESPON-
 SIBLE FOR THOSE ACTIONS; OR
   (C) BUSINESSES TO ENSURE THE PHYSICAL SAFETY OF NATURAL PERSONS.
   34.  (A)  "SELL", "SELLING", "SALE", OR "SOLD" MEANS SELLING, RENTING,
 RELEASING, DISCLOSING, DISSEMINATING, MAKING AVAILABLE, TRANSFERRING, OR
 OTHERWISE COMMUNICATING ORALLY, IN WRITING, OR BY  ELECTRONIC  OR  OTHER
 MEANS,  A CONSUMER'S PERSONAL INFORMATION BY A BUSINESS TO A THIRD PARTY
 FOR MONETARY OR OTHER VALUABLE CONSIDERATION.
   (B) FOR PURPOSES OF THIS ARTICLE, A BUSINESS SHALL NOT  BE  DEEMED  TO
 SELL PERSONAL INFORMATION WHEN:
   (I) A CONSUMER USES OR DIRECTS SUCH BUSINESS TO INTENTIONALLY:
   (1) DISCLOSE PERSONAL INFORMATION; OR
   (2) INTERACT WITH ONE OR MORE THIRD PARTIES;
   (II) SUCH BUSINESS USES OR SHARES AN IDENTIFIER FOR A CONSUMER WHO HAS
 OPTED OUT OF THE SALE OF SUCH CONSUMER'S PERSONAL INFORMATION OR LIMITED
 THE  USE  OF  SUCH  CONSUMER'S  SENSITIVE  PERSONAL  INFORMATION FOR THE
 PURPOSES OF ALERTING PERSONS TO OR FOR WHOM SUCH CONSUMER HAS OPTED  OUT
 OF  THE  SALE OF SUCH CONSUMER'S PERSONAL INFORMATION OR LIMITED THE USE
 OF SUCH CONSUMER'S SENSITIVE PERSONAL INFORMATION; OR
   (III) SUCH BUSINESS TRANSFERS TO A THIRD PARTY THE  PERSONAL  INFORMA-
 TION  OF  A  CONSUMER AS AN ASSET THAT IS PART OF A MERGER, ACQUISITION,
 BANKRUPTCY, OR OTHER TRANSACTION  IN  WHICH  SUCH  THIRD  PARTY  ASSUMES
 CONTROL  OF ALL OR PART OF SUCH BUSINESS, PROVIDED THAT SUCH INFORMATION
 IS USED OR SHARED CONSISTENTLY WITH THIS ARTICLE. IF A THIRD PARTY MATE-
 RIALLY ALTERS HOW IT USES  OR  SHARES  THE  PERSONAL  INFORMATION  OF  A
 CONSUMER  IN  A MANNER THAT IS MATERIALLY INCONSISTENT WITH THE PROMISES
 MADE AT THE TIME OF COLLECTION, IT SHALL PROVIDE PRIOR NOTICE OF THE NEW
 OR CHANGED PRACTICE TO SUCH CONSUMER. SUCH NOTICE SHALL BE  SUFFICIENTLY
 PROMINENT  AND ROBUST TO ENSURE THAT EXISTING CONSUMERS CAN EASILY EXER-
 CISE THEIR CHOICES CONSISTENTLY WITH  THIS  ARTICLE.  THIS  SUBPARAGRAPH
 SHALL  NOT  AUTHORIZE  A  BUSINESS TO MAKE MATERIAL, RETROACTIVE PRIVACY
 POLICY CHANGES OR MAKE OTHER CHANGES IN THEIR PRIVACY POLICY IN A MANNER
 THAT WOULD VIOLATE SECTION THREE HUNDRED FORTY-NINE OF THIS CHAPTER.
   35. (A) "SENSITIVE PERSONAL INFORMATION" MEANS:
   (I) PERSONAL INFORMATION THAT REVEALS:
   (1) A CONSUMER'S SOCIAL SECURITY, DRIVER'S LICENSE, STATE  IDENTIFICA-
 TION CARD, OR PASSPORT NUMBER;
   (2)  A  CONSUMER'S  ACCOUNT  LOG-IN, FINANCIAL ACCOUNT, DEBIT CARD, OR
 CREDIT CARD NUMBER IN COMBINATION WITH ANY REQUIRED SECURITY  OR  ACCESS
 CODE, PASSWORD, OR CREDENTIALS ALLOWING ACCESS TO AN ACCOUNT;
   (3) A CONSUMER'S PRECISE GEOLOCATION;
   (4)  A  CONSUMER'S RACIAL OR ETHNIC ORIGIN, CITIZENSHIP OR IMMIGRATION
 STATUS, RELIGIOUS OR PHILOSOPHICAL BELIEFS, OR UNION MEMBERSHIP;
   (5) THE CONTENTS OF A CONSUMER'S MAIL, EMAIL, AND TEXT MESSAGES UNLESS
 THE BUSINESS IS THE INTENDED RECIPIENT OF THE COMMUNICATION;
   (6) A CONSUMER'S GENETIC DATA; OR
 S. 9008                            63                           A. 10008
 
   (7) A CONSUMER'S NEURAL DATA, MEANING INFORMATION THAT IS GENERATED BY
 MEASURING THE ACTIVITY OF SUCH CONSUMER'S CENTRAL OR PERIPHERAL  NERVOUS
 SYSTEM, AND THAT IS NOT INFERRED FROM NONNEURAL INFORMATION; OR
   (II)  THE  PROCESSING  OF  BIOMETRIC  INFORMATION  FOR  THE PURPOSE OF
 UNIQUELY IDENTIFYING A CONSUMER, INCLUDING BUT NOT LIMITED TO:
   (1) PERSONAL INFORMATION COLLECTED AND ANALYZED CONCERNING  A  CONSUM-
 ER'S HEALTH; OR
   (2)  PERSONAL  INFORMATION COLLECTED AND ANALYZED CONCERNING A CONSUM-
 ER'S SEX LIFE OR SEXUAL ORIENTATION.
   (B) SENSITIVE PERSONAL INFORMATION  THAT  IS  PUBLICLY  AVAILABLE,  AS
 DEFINED IN SUBDIVISION TWENTY-FIVE OF THIS SECTION, SHALL NOT BE CONSID-
 ERED  "SENSITIVE PERSONAL INFORMATION" OR "PERSONAL INFORMATION" FOR THE
 PURPOSES OF THIS ARTICLE.
   36. "SERVICE" OR "SERVICES" MEANS WORK, LABOR, AND SERVICES, INCLUDING
 SERVICES FURNISHED IN CONNECTION WITH THE SALE OR REPAIR OF GOODS.
   37. (A) "SERVICE PROVIDER" MEANS  A  PERSON  THAT  PROCESSES  PERSONAL
 INFORMATION  ON BEHALF OF A BUSINESS AND THAT RECEIVES FROM OR ON BEHALF
 OF SUCH BUSINESS CONSUMER'S PERSONAL INFORMATION FOR A BUSINESS  PURPOSE
 PURSUANT  TO  A  WRITTEN CONTRACT, PROVIDED THAT SUCH CONTRACT PROHIBITS
 SUCH PERSON FROM:
   (I) SELLING OR SHARING SUCH PERSONAL INFORMATION;
   (II) RETAINING, USING, OR DISCLOSING SUCH PERSONAL INFORMATION FOR ANY
 PURPOSE OTHER THAN FOR THE BUSINESS PURPOSES SPECIFIED IN  THE  CONTRACT
 FOR  SUCH  BUSINESS,  INCLUDING  RETAINING,  USING,  OR  DISCLOSING SUCH
 PERSONAL INFORMATION FOR A COMMERCIAL PURPOSE OTHER  THAN  THE  BUSINESS
 PURPOSES  SPECIFIED  IN THE CONTRACT WITH SUCH BUSINESS, OR AS OTHERWISE
 PERMITTED BY THIS ARTICLE;
   (III) RETAINING, USING, OR DISCLOSING THE INFORMATION OUTSIDE  OF  THE
 DIRECT BUSINESS RELATIONSHIP BETWEEN THE SERVICE PROVIDER AND SUCH BUSI-
 NESS; OR
   (IV)  COMBINING  SUCH  PERSONAL  INFORMATION THAT THE SERVICE PROVIDER
 RECEIVES FROM, OR ON BEHALF OF, SUCH BUSINESS WITH PERSONAL  INFORMATION
 THAT  IT  RECEIVES  FROM, OR ON BEHALF OF, ANOTHER PERSON OR PERSONS, OR
 COLLECTS FROM ITS OWN INTERACTION WITH THE CONSUMER, PROVIDED  THAT  THE
 SERVICE  PROVIDER  MAY COMBINE PERSONAL INFORMATION TO PERFORM ANY BUSI-
 NESS PURPOSE AS MAY BE FURTHER DEFINED IN REGULATIONS PROMULGATED BY THE
 OFFICE. SUCH CONTRACT MAY, SUBJECT TO AGREEMENT WITH THE SERVICE PROVID-
 ER, PERMIT THE BUSINESS TO MONITOR SUCH  SERVICE  PROVIDER'S  COMPLIANCE
 WITH  SUCH  CONTRACT  THROUGH  MEASURES,  INCLUDING, BUT NOT LIMITED TO,
 ONGOING MANUAL REVIEWS AND  AUTOMATED  SCANS  AND  REGULAR  ASSESSMENTS,
 AUDITS,  OR  OTHER TECHNICAL AND OPERATIONAL TESTING AT LEAST ONCE EVERY
 TWELVE MONTHS.
   (B) IF A SERVICE PROVIDER ENGAGES ANY OTHER PERSON  TO  ASSIST  IT  IN
 PROCESSING  PERSONAL INFORMATION FOR A BUSINESS PURPOSE ON BEHALF OF THE
 BUSINESS, OR IF ANY  OTHER  PERSON  ENGAGED  BY  SUCH  SERVICE  PROVIDER
 ENGAGES  ANOTHER PERSON TO ASSIST IN PROCESSING PERSONAL INFORMATION FOR
 SUCH BUSINESS PURPOSE, IT SHALL NOTIFY SUCH BUSINESS OF SUCH ENGAGEMENT,
 AND SUCH ENGAGEMENT SHALL BE PURSUANT TO A WRITTEN CONTRACT BINDING SUCH
 OTHER PERSON TO OBSERVE ALL THE REQUIREMENTS SET FORTH IN PARAGRAPH  (A)
 OF THIS SUBDIVISION.
   38.  (A)  "SHARE",  "SHARED",  OR  "SHARING"  MEANS  SHARING, RENTING,
 RELEASING, DISCLOSING, DISSEMINATING, MAKING AVAILABLE, TRANSFERRING, OR
 OTHERWISE COMMUNICATING ORALLY, IN WRITING, OR BY  ELECTRONIC  OR  OTHER
 MEANS,  A CONSUMER'S PERSONAL INFORMATION BY A BUSINESS TO A THIRD PARTY
 FOR CROSS-CONTEXT BEHAVIORAL ADVERTISING, WHETHER OR NOT FOR MONETARY OR
 OTHER VALUABLE CONSIDERATION, INCLUDING TRANSACTIONS BETWEEN A  BUSINESS
 S. 9008                            64                           A. 10008
 
 AND A THIRD PARTY FOR CROSS-CONTEXT BEHAVIORAL ADVERTISING FOR THE BENE-
 FIT OF A BUSINESS IN WHICH NO MONEY IS EXCHANGED.
   (B)  FOR  PURPOSES  OF THIS ARTICLE, A BUSINESS SHALL NOT BE DEEMED TO
 SHARE PERSONAL INFORMATION WHEN:
   (I) A CONSUMER USES OR DIRECTS SUCH BUSINESS TO INTENTIONALLY DISCLOSE
 PERSONAL INFORMATION OR INTENTIONALLY INTERACT WITH ONE  OR  MORE  THIRD
 PARTIES;
   (II) SUCH BUSINESS USES OR SHARES AN IDENTIFIER FOR A CONSUMER WHO HAS
 OPTED  OUT  OF  THE  SHARING  OF SUCH CONSUMER'S PERSONAL INFORMATION OR
 LIMITED THE USE OF SUCH CONSUMER'S SENSITIVE  PERSONAL  INFORMATION  FOR
 THE  PURPOSES OF ALERTING PERSONS TO OR FOR WHOM SUCH CONSUMER HAS OPTED
 OUT OF THE SHARING OF SUCH CONSUMER'S PERSONAL  INFORMATION  OR  LIMITED
 THE USE OF SUCH CONSUMER'S SENSITIVE PERSONAL INFORMATION; OR
   (III)  SUCH  BUSINESS TRANSFERS TO A THIRD PARTY THE PERSONAL INFORMA-
 TION OF A CONSUMER AS AN ASSET THAT IS PART OF  A  MERGER,  ACQUISITION,
 BANKRUPTCY,  OR  OTHER  TRANSACTION  IN  WHICH  SUCH THIRD PARTY ASSUMES
 CONTROL OF ALL OR PART OF SUCH BUSINESS, PROVIDED THAT SUCH  INFORMATION
 IS USED OR SHARED CONSISTENTLY WITH THIS ARTICLE. IF A THIRD PARTY MATE-
 RIALLY  ALTERS  HOW  IT  USES  OR  SHARES  THE PERSONAL INFORMATION OF A
 CONSUMER IN A MANNER THAT IS MATERIALLY INCONSISTENT WITH  THE  PROMISES
 MADE AT THE TIME OF COLLECTION, IT SHALL PROVIDE PRIOR NOTICE OF THE NEW
 OR  CHANGED PRACTICE TO SUCH CONSUMER. SUCH NOTICE SHALL BE SUFFICIENTLY
 PROMINENT AND ROBUST TO ENSURE THAT EXISTING CONSUMERS CAN EASILY  EXER-
 CISE  THEIR  CHOICES  CONSISTENTLY  WITH THIS ARTICLE. THIS SUBPARAGRAPH
 SHALL NOT AUTHORIZE A BUSINESS TO  MAKE  MATERIAL,  RETROACTIVE  PRIVACY
 POLICY CHANGES OR MAKE OTHER CHANGES IN THEIR PRIVACY POLICY IN A MANNER
 THAT WOULD VIOLATE SECTION THREE HUNDRED FORTY-EIGHT OF THIS CHAPTER.
   39. "THIRD PARTY" MEANS A PERSON WHO IS NOT ANY OF THE FOLLOWING:
   (A) THE BUSINESS WITH WHOM A CONSUMER INTENTIONALLY INTERACTS AND THAT
 COLLECTS PERSONAL INFORMATION FROM SUCH CONSUMER AS PART OF SUCH CONSUM-
 ER'S CURRENT INTERACTION WITH SUCH BUSINESS UNDER THIS ARTICLE;
   (B) A SERVICE PROVIDER TO THE BUSINESS; OR
   (C) A CONTRACTOR.
   40.  "UNIQUE  IDENTIFIER"  OR  "UNIQUE  PERSONAL  IDENTIFIER"  MEANS A
 PERSISTENT IDENTIFIER THAT CAN BE USED TO RECOGNIZE A CONSUMER, A  FAMI-
 LY,  OR  A  DEVICE THAT IS LINKED TO A CONSUMER OR FAMILY, OVER TIME AND
 ACROSS DIFFERENT SERVICES, INCLUDING, BUT NOT LIMITED TO, A DEVICE IDEN-
 TIFIER; AN INTERNET PROTOCOL  ADDRESS;  COOKIES,  BEACONS,  PIXEL  TAGS,
 MOBILE  AD  IDENTIFIERS,  OR SIMILAR TECHNOLOGY; CUSTOMER NUMBER, UNIQUE
 PSEUDONYM, OR USER ALIAS; TELEPHONE NUMBERS, OR OTHER FORMS OF  PERSIST-
 ENT  OR PROBABILISTIC IDENTIFIERS THAT CAN BE USED TO IDENTIFY A PARTIC-
 ULAR CONSUMER OR DEVICE THAT IS LINKED TO  A  CONSUMER  OR  FAMILY.  FOR
 PURPOSES OF THIS SUBDIVISION, THE TERM "FAMILY" MEANS A CUSTODIAL PARENT
 OR  GUARDIAN AND ANY CHILDREN UNDER EIGHTEEN YEARS OF AGE OVER WHICH THE
 PARENT OR GUARDIAN HAS CUSTODY.
   41. "VERIFIABLE CONSUMER REQUEST" MEANS A REQUEST THAT IS  MADE  BY  A
 CONSUMER,  BY A CONSUMER ON BEHALF OF SUCH CONSUMER'S MINOR CHILD, OR BY
 A PERSON WHO HAS POWER OF ATTORNEY OR IS ACTING  AS  A  CONSERVATOR  FOR
 SUCH  CONSUMER,  AND  THAT  THE  BUSINESS CAN VERIFY, USING COMMERCIALLY
 REASONABLE METHODS, PURSUANT TO ANY REGULATIONS ADOPTED BY THE OFFICE TO
 BE SUCH CONSUMER ABOUT WHOM THE BUSINESS HAS COLLECTED PERSONAL INFORMA-
 TION.
   42. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF FINANCIAL SERVICES.
   43.  "SUPERINTENDENT"  SHALL  MEAN  THE  SUPERINTENDENT  OF  FINANCIAL
 SERVICES.
 S. 9008                            65                           A. 10008
 
   44.  "OFFICE"  SHALL MEAN AN OFFICE WITHIN THE DEPARTMENT, WHICH SHALL
 REPORT TO THE SUPERINTENDENT, AND IS TASKED WITH THE  IMPLEMENTATION  OF
 THIS ARTICLE.
   §  1801.  DATA  BROKER REGISTRATION. 1. ON OR BEFORE THE FIRST OF JULY
 FOLLOWING EACH YEAR IN WHICH A BUSINESS MEETS  THE  DEFINITION  OF  DATA
 BROKER  AS PROVIDED IN THIS ARTICLE, OR BY SUCH OTHER DATE AS THE OFFICE
 MAY ESTABLISH BY REGULATION,  SUCH  BUSINESS  SHALL  REGISTER  WITH  THE
 OFFICE PURSUANT TO THE REQUIREMENTS OF THIS SECTION.
   2.  IN  REGISTERING WITH THE OFFICE, A DATA BROKER SHALL DO ALL OF THE
 FOLLOWING:
   (A) PAY THE PRO RATA SHARE ASSESSED BY THE OFFICE;
   (B) PROVIDE THE FOLLOWING INFORMATION IN A FORM AND MANNER  DETERMINED
 BY THE OFFICE FOR THE PRIOR CALENDAR YEAR:
   (I)  THE  NAME OF THE DATA BROKER AND ITS PRIMARY PHYSICAL, EMAIL, AND
 INTERNET WEBSITE ADDRESSES;
   (II) IF THE DATA BROKER PERMITS A CONSUMER TO  OPT-OUT  OF  SUCH  DATA
 BROKER'S  COLLECTION  OF  BROKERED  PERSONAL INFORMATION, OPT-OUT OF ITS
 DATABASES, OR OPT-OUT OF CERTAIN SALES OF DATA:
   (1) THE METHOD FOR REQUESTING AN OPT-OUT;
   (2) IF THE OPT-OUT APPLIES TO ONLY CERTAIN ACTIVITIES OR SALES,  WHICH
 ACTIVITIES OR SALES SUCH OPT-OUT APPLIES TO; AND
   (3)  WHETHER  THE  DATA BROKER PERMITS A CONSUMER TO AUTHORIZE A THIRD
 PARTY TO PERFORM THE OPT-OUT ON THE CONSUMER'S BEHALF;
   (III) A STATEMENT SPECIFYING THE DATA COLLECTION, DATABASES, OR  SALES
 ACTIVITIES FROM WHICH A CONSUMER SHALL NOT OPT-OUT;
   (IV)  A  STATEMENT  REGARDING  WHETHER  THE  DATA  BROKER IMPLEMENTS A
 PURCHASER CREDENTIALING PROCESS;
   (V) THE NUMBER OF REQUESTS FROM CONSUMERS TO DELETE PERSONAL  INFORMA-
 TION;
   (VI)  THE  MEDIAN  AND  THE  MEAN NUMBER OF DAYS WITHIN WHICH THE DATA
 BROKER SUBSTANTIVELY RESPONDED TO CONSUMER REQUESTS TO  DELETE  PERSONAL
 INFORMATION;
   (VII)  WHETHER  THE  DATA  BROKER COLLECTS THE PERSONAL INFORMATION OF
 MINORS;
   (VIII) WHETHER THE DATA BROKER COLLECTS  CONSUMERS'  NAMES,  DATES  OF
 BIRTH, ZIP CODES, EMAIL ADDRESSES, OR PHONE NUMBERS;
   (IX)  WHETHER  THE  DATA  BROKER COLLECTS CONSUMERS' ACCOUNT LOGINS OR
 ACCOUNT NUMBERS IN COMBINATION WITH ANY REQUIRED SECURITY CODES,  ACCESS
 CODES,  OR  PASSWORDS  THAT  WOULD PERMIT ACCESS TO A CONSUMER'S ACCOUNT
 WITH A THIRD PARTY;
   (X) WHETHER THE  DATA  BROKER  COLLECTS  CONSUMERS'  DRIVERS'  LICENSE
 NUMBERS,  NEW  YORK  IDENTIFICATION  CARD  NUMBERS,  TAX  IDENTIFICATION
 NUMBERS, SOCIAL SECURITY NUMBERS, PASSPORT NUMBERS, MILITARY IDENTIFICA-
 TION NUMBERS, OR OTHER UNIQUE IDENTIFICATION NUMBERS ISSUED ON A GOVERN-
 MENT DOCUMENT COMMONLY USED TO VERIFY THE IDENTITY OF A  SPECIFIC  INDI-
 VIDUAL;
   (XI)  WHETHER  THE  DATA BROKER COLLECTS CONSUMERS' MOBILE ADVERTISING
 IDENTIFICATION NUMBERS, CONNECTED TELEVISION IDENTIFICATION NUMBERS,  OR
 VEHICLE IDENTIFICATION NUMBERS (VIN);
   (XII)  WHETHER  THE  DATA BROKER COLLECTS CONSUMERS' CITIZENSHIP DATA,
 INCLUDING IMMIGRATION STATUS;
   (XIII) WHETHER THE DATA BROKER COLLECTS  CONSUMERS'  UNION  MEMBERSHIP
 STATUS;
   (XIV)  WHETHER  THE DATA BROKER COLLECTS CONSUMERS' SEXUAL ORIENTATION
 STATUS;
 S. 9008                            66                           A. 10008
 
   (XV) WHETHER THE DATA BROKER COLLECTS CONSUMERS' GENDER  IDENTITY  AND
 GENDER EXPRESSION DATA;
   (XVI) WHETHER THE DATA BROKER COLLECTS CONSUMERS' BIOMETRIC DATA;
   (XVII)  WHETHER  THE  DATA BROKER COLLECTS CONSUMERS' PRECISE GEOLOCA-
 TION;
   (XVIII) WHETHER  THE  DATA  BROKER  COLLECTS  CONSUMERS'  REPRODUCTIVE
 HEALTH CARE DATA;
   (XIX)  WHETHER THE DATA BROKER HAS SHARED OR SOLD CONSUMERS' DATA TO A
 FOREIGN ACTOR IN THE PAST YEAR;
   (XX) WHETHER THE DATA BROKER HAS SHARED OR SOLD CONSUMERS' DATA TO THE
 FEDERAL GOVERNMENT IN THE PAST YEAR;
   (XXI) WHETHER THE DATA BROKER HAS SHARED OR SOLD  CONSUMERS'  DATA  TO
 OTHER STATE GOVERNMENTS IN THE PAST YEAR;
   (XXII)  WHETHER  THE DATA BROKER HAS SHARED OR SOLD CONSUMERS' DATA TO
 LAW ENFORCEMENT IN THE PAST YEAR, UNLESS SUCH DATA WAS  SHARED  PURSUANT
 TO A SUBPOENA OR COURT ORDER;
   (XXIII)  WHETHER THE DATA BROKER HAS SHARED OR SOLD CONSUMERS' DATA TO
 A DEVELOPER OF A GENAI SYSTEM OR MODEL IN THE PAST YEAR;
   (XXIV) A LINK TO A PAGE ON THE DATA  BROKER'S  INTERNET  WEBSITE  THAT
 DETAILS  HOW  A CONSUMER MAY EXERCISE THEIR DELETION RIGHTS AND DOES NOT
 MAKE ANY USE OF DARK PATTERNS;
   (XXV) WHETHER AND TO WHAT EXTENT THE DATA BROKER OR ANY OF ITS SUBSID-
 IARIES IS REGULATED BY ANY OF THE FOLLOWING:
   (1) THE FEDERAL FAIR CREDIT REPORTING ACT  (15  U.S.C.  SEC.  1681  ET
 SEQ.);
   (2)  THE  GRAMM-LEACH-BLILEY ACT (PUBLIC LAW 106-102) AND IMPLEMENTING
 REGULATIONS; OR
   (3) THE PRIVACY, SECURITY, AND BREACH NOTIFICATION RULES ISSUED BY THE
 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, PARTS 160 AND 164
 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS, ESTABLISHED PURSUANT  TO
 THE  FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996
 (PUBLIC LAW 104-191);
   (XXVI) ANY ADDITIONAL  INFORMATION  OR  EXPLANATION  THE  DATA  BROKER
 CHOOSES TO PROVIDE CONCERNING ITS DATA COLLECTION PRACTICES; AND
   (XXVII)  ANY OTHER INFORMATION THAT THE OFFICE MAY REQUIRE PURSUANT TO
 REGULATIONS.
   § 1802. DATA BROKER REGISTRATION AND DELETION PORTAL. THE OFFICE SHALL
 CREATE A PAGE ON THE DEPARTMENT'S INTERNET WEBSITE WHERE  THE  REGISTRA-
 TION  INFORMATION PROVIDED BY DATA BROKERS DESCRIBED UNDER SECTION EIGH-
 TEEN HUNDRED ONE OF THIS ARTICLE AND THE ACCESSIBLE  DELETION  MECHANISM
 DESCRIBED  UNDER  SECTION EIGHTEEN HUNDRED FOUR OF THIS ARTICLE SHALL BE
 ACCESSIBLE TO THE PUBLIC.
   § 1803. CONSUMER DELETION REQUESTS.  A  DATA  BROKER  SHALL  DELETE  A
 CONSUMER'S PERSONAL INFORMATION, BASED ON SUCH CONSUMER'S REQUEST, WITH-
 IN  FORTY-FIVE  DAYS OF RECEIVING A VERIFIABLE CONSUMER REQUEST FROM THE
 CONSUMER PURSUANT TO SECTION EIGHTEEN HUNDRED FOUR OF  THIS  ARTICLE  OR
 SECTION  EIGHTEEN  HUNDRED FIVE OF THIS ARTICLE.  SUCH DATA BROKER SHALL
 PROMPTLY TAKE STEPS TO DETERMINE WHETHER SUCH REQUEST  IS  A  VERIFIABLE
 CONSUMER  REQUEST,  BUT  SUCH  STEPS SHALL NOT EXTEND SUCH DATA BROKER'S
 DUTY TO DELETE PERSONAL INFORMATION WITHIN FORTY-FIVE DAYS OF RECEIPT OF
 THE CONSUMER'S REQUEST. THE TIME PERIOD TO DELETE  PERSONAL  INFORMATION
 MAY  BE  EXTENDED  ONCE BY AN ADDITIONAL FORTY-FIVE DAYS WHEN REASONABLY
 NECESSARY, PROVIDED THE CONSUMER IS PROVIDED NOTICE  OF  SUCH  EXTENSION
 WITHIN THE FIRST FORTY-FIVE-DAY PERIOD.
 S. 9008                            67                           A. 10008

   §  1804.  ACCESSIBLE  DELETION REQUEST MECHANISM FOR CONSUMERS. 1. THE
 OFFICE SHALL ESTABLISH AN ACCESSIBLE  DELETION  REQUEST  MECHANISM  THAT
 DOES ALL OF THE FOLLOWING:
   (A)  IMPLEMENTS AND MAINTAINS REASONABLE SECURITY PROCEDURES AND PRAC-
 TICES, INCLUDING, BUT NOT  LIMITED  TO,  ADMINISTRATIVE,  PHYSICAL,  AND
 TECHNICAL  SAFEGUARDS  APPROPRIATE  TO THE NATURE OF THE INFORMATION AND
 THE PURPOSES FOR WHICH THE PERSONAL INFORMATION  WILL  BE  USED  AND  TO
 PROTECT  CONSUMERS'  PERSONAL INFORMATION FROM UNAUTHORIZED USE, DISCLO-
 SURE, ACCESS, DESTRUCTION, OR MODIFICATION;
   (B) ALLOWS A CONSUMER, THROUGH A SINGLE VERIFIABLE  CONSUMER  REQUEST,
 TO  REQUEST  THAT EVERY DATA BROKER THAT MAINTAINS ANY PERSONAL INFORMA-
 TION DELETE ANY PERSONAL INFORMATION RELATED TO SUCH  CONSUMER  HELD  BY
 THE DATA BROKER OR ASSOCIATED SERVICE PROVIDER OR CONTRACTOR;
   (C)  ALLOWS  A  CONSUMER  TO SELECTIVELY EXCLUDE SPECIFIC DATA BROKERS
 FROM A REQUEST MADE UNDER THIS SECTION; AND
   (D) ALLOWS A CONSUMER TO MAKE A REQUEST TO ALTER  A  PREVIOUS  REQUEST
 MADE UNDER THIS SECTION AFTER AT LEAST FORTY-FIVE DAYS HAVE PASSED SINCE
 THE CONSUMER LAST MADE A REQUEST UNDER THIS SECTION.
   2.  THE  ACCESSIBLE  DELETION  MECHANISM  ESTABLISHED PURSUANT TO THIS
 SECTION SHALL MEET ALL OF THE FOLLOWING REQUIREMENTS:
   (A) THE ACCESSIBLE  DELETION  MECHANISM  SHALL  ALLOW  A  CONSUMER  TO
 REQUEST THE DELETION OF ALL PERSONAL INFORMATION RELATED TO SUCH CONSUM-
 ER THROUGH A SINGLE DELETION REQUEST;
   (B)  THE  ACCESSIBLE  DELETION  MECHANISM  SHALL  PERMIT A CONSUMER TO
 SECURELY SUBMIT INFORMATION  IN  ONE  OR  MORE  PRIVACY-PROTECTING  WAYS
 DETERMINED BY THE OFFICE TO AID IN THE DELETION REQUEST;
   (C)  THE ACCESSIBLE DELETION MECHANISM SHALL ALLOW DATA BROKERS REGIS-
 TERED WITH THE OFFICE TO DETERMINE WHETHER AN INDIVIDUAL HAS SUBMITTED A
 VERIFIABLE CONSUMER REQUEST TO DELETE THE PERSONAL  INFORMATION  RELATED
 TO  SUCH  CONSUMER  AS DESCRIBED IN THIS SECTION AND SHALL NOT ALLOW THE
 DISCLOSURE OF ANY ADDITIONAL PERSONAL INFORMATION WHEN THE  DATA  BROKER
 ACCESSES  SUCH  ACCESSIBLE DELETION MECHANISM UNLESS OTHERWISE SPECIFIED
 IN THIS ARTICLE;
   (D) THE ACCESSIBLE DELETION MECHANISM SHALL ALLOW A CONSUMER TO MAKE A
 REQUEST DESCRIBED IN THIS SECTION USING AN INTERNET SERVICE OPERATED  BY
 THE OFFICE;
   (E)  THE  ACCESSIBLE DELETION MECHANISM SHALL NOT CHARGE A CONSUMER TO
 MAKE A REQUEST DESCRIBED IN THIS SECTION;
   (F) THE ACCESSIBLE DELETION MECHANISM SHALL ALLOW A CONSUMER TO MAKE A
 REQUEST DESCRIBED IN THIS SECTION IN ANY OF  THE  TWELVE  MOST  COMMONLY
 SPOKEN  LANGUAGES IN NEW YORK STATE, CONSISTENT WITH SECTION TWO HUNDRED
 TWO-A OF THE EXECUTIVE LAW,  FOR  WHOM  PERSONAL  INFORMATION  HAS  BEEN
 COLLECTED BY DATA BROKERS;
   (G)  THE  ACCESSIBLE  DELETION MECHANISM SHALL COMPLY WITH SECTION ONE
 HUNDRED THREE-D OF THE STATE TECHNOLOGY LAW;
   (H) THE ACCESSIBLE DELETION MECHANISM SHALL SUPPORT THE ABILITY  OF  A
 CONSUMER'S AUTHORIZED AGENTS TO AID IN THE DELETION REQUEST;
   (I)  THE  ACCESSIBLE  DELETION  MECHANISM SHALL ALLOW THE CONSUMER, OR
 THEIR AUTHORIZED AGENT, TO VERIFY THE STATUS OF SUCH CONSUMER'S DELETION
 REQUEST; AND
   (J) THE ACCESSIBLE DELETION MECHANISM SHALL PROVIDE A  DESCRIPTION  OF
 ALL OF THE FOLLOWING:
   (I)  THE  DELETION  PERMITTED  BY  THIS  SECTION INCLUDING THE ACTIONS
 REQUIRED OF DATA BROKERS DESCRIBED IN THIS SECTION;
   (II) THE PROCESS FOR SUBMITTING A DELETION REQUEST  PURSUANT  TO  THIS
 SECTION; AND
 S. 9008                            68                           A. 10008

   (III) EXAMPLES OF THE TYPES OF INFORMATION THAT MAY BE DELETED;
   3. BEGINNING ON A DATE ESTABLISHED BY REGULATION BY THE OFFICE, A DATA
 BROKER SHALL ACCESS THE ACCESSIBLE DELETION MECHANISM ESTABLISHED PURSU-
 ANT  TO  SUBDIVISION  ONE OF THIS SECTION AT LEAST ONCE EVERY FORTY-FIVE
 DAYS AND DO ALL OF THE FOLLOWING:
   (A) WITHIN FORTY-FIVE DAYS AFTER RECEIVING A REQUEST MADE PURSUANT  TO
 THIS  SECTION,  A DATA BROKER SHALL PROCESS ALL SUCH REQUESTS AND DELETE
 ALL  PERSONAL  INFORMATION  RELATED  TO  THE  CONSUMERS  WHO  MADE  SUCH
 REQUESTS;
   (B)  IN  CASES WHERE A DATA BROKER DENIES A CONSUMER REQUEST TO DELETE
 UNDER THIS ARTICLE BECAUSE SUCH REQUEST CANNOT BE  VERIFIED,  SUCH  DATA
 BROKER  SHALL  PROCESS SUCH REQUEST AS AN OPT-OUT OF THE SALE OR SHARING
 OF SUCH  CONSUMER'S  PERSONAL  INFORMATION  IF  PROVIDED  BY  SUCH  DATA
 BROKERS' EXISTING POLICIES AND PRACTICES;
   (C)  A  DATA  BROKER SHALL DIRECT ALL SERVICE PROVIDERS OR CONTRACTORS
 ASSOCIATED WITH SUCH DATA BROKER TO DELETE ALL PERSONAL  INFORMATION  IN
 THEIR  POSSESSION RELATED TO THE CONSUMERS MAKING THE REQUESTS DESCRIBED
 IN PARAGRAPH (A) OF THIS SUBDIVISION;
   (D) A DATA BROKER SHALL DIRECT ALL SERVICE  PROVIDERS  OR  CONTRACTORS
 ASSOCIATED  WITH THE DATA BROKER TO PROCESS A REQUEST DESCRIBED BY PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   4. NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION,  A  DATA  BROKER
 SHALL  NOT  BE  REQUIRED  TO DELETE A CONSUMER'S PERSONAL INFORMATION IF
 EITHER OF THE FOLLOWING APPLY:
   (A) IF IT IS REASONABLY NECESSARY FOR THE BUSINESS, SERVICE  PROVIDER,
 OR  CONTRACTOR  TO MAINTAIN THE CONSUMER'S PERSONAL INFORMATION IN ORDER
 TO:
   (I) COMPLETE THE TRANSACTION FOR WHICH THE  PERSONAL  INFORMATION  WAS
 COLLECTED,  FULFILL  THE  TERMS  OF A WRITTEN WARRANTY OR PRODUCT RECALL
 CONDUCTED IN ACCORDANCE WITH FEDERAL LAW,  PROVIDE  A  GOOD  OR  SERVICE
 REQUESTED  BY  THE  CONSUMER, OR REASONABLY ANTICIPATED BY SUCH CONSUMER
 WITHIN THE CONTEXT OF A BUSINESS'  ONGOING  BUSINESS  RELATIONSHIP  WITH
 SUCH  CONSUMER, OR OTHERWISE PERFORM A CONTRACT BETWEEN THE BUSINESS AND
 SUCH CONSUMER;
   (II) HELP TO ENSURE SECURITY AND INTEGRITY TO THE EXTENT  THE  USE  OF
 THE  CONSUMER'S PERSONAL INFORMATION IS REASONABLY NECESSARY AND PROPOR-
 TIONATE FOR SUCH PURPOSES;
   (III) DEBUG  TO  IDENTIFY  AND  REPAIR  ERRORS  THAT  IMPAIR  EXISTING
 INTENDED FUNCTIONALITY;
   (IV)  EXERCISE  FREE  SPEECH,  ENSURE THE RIGHT OF ANOTHER CONSUMER TO
 EXERCISE SUCH CONSUMER'S RIGHT OF FREE SPEECH, OR EXERCISE ANOTHER RIGHT
 PROVIDED FOR BY LAW;
   (V) ENGAGE IN  PUBLIC  OR  PEER-REVIEWED  SCIENTIFIC,  HISTORICAL,  OR
 STATISTICAL  RESEARCH  THAT  CONFORMS OR ADHERES TO ALL OTHER APPLICABLE
 ETHICS AND PRIVACY LAWS, WHEN THE BUSINESS' DELETION OF THE  INFORMATION
 IS  LIKELY  TO  RENDER  IMPOSSIBLE  OR  SERIOUSLY  IMPAIR THE ABILITY TO
 COMPLETE SUCH RESEARCH, IF THE CONSUMER HAS PROVIDED INFORMED CONSENT;
   (VI) TO ENABLE SOLELY INTERNAL USES THAT ARE REASONABLY  ALIGNED  WITH
 THE  EXPECTATIONS  OF THE CONSUMER BASED ON SUCH CONSUMER'S RELATIONSHIP
 WITH THE BUSINESS AND COMPATIBLE WITH THE CONTEXT IN WHICH SUCH CONSUMER
 PROVIDED THE INFORMATION;
   (VII) COMPLY WITH A LEGAL OBLIGATION, INCLUDING, BUT  NOT  LIMITED  TO
 FEDERAL,  STATE,  OR LOCAL LAWS OR COMPLY WITH A COURT ORDER OR SUBPOENA
 TO PROVIDE INFORMATION;
   (VIII) COMPLY WITH A CIVIL, CRIMINAL, OR REGULATORY INQUIRY,  INVESTI-
 GATION,  SUBPOENA,  OR  SUMMONS BY FEDERAL, STATE, OR LOCAL AUTHORITIES.
 S. 9008                            69                           A. 10008

 LAW ENFORCEMENT AGENCIES, INCLUDING POLICE  AND  SHERIFF'S  DEPARTMENTS,
 MAY  DIRECT  A  BUSINESS  PURSUANT  TO A LAW ENFORCEMENT AGENCY-APPROVED
 INVESTIGATION WITH AN ACTIVE CASE NUMBER  NOT  TO  DELETE  A  CONSUMER'S
 PERSONAL  INFORMATION,  AND,  UPON RECEIPT OF THAT DIRECTION, A BUSINESS
 SHALL NOT DELETE THE PERSONAL INFORMATION FOR NINETY DAYS  IN  ORDER  TO
 ALLOW  THE  LAW  ENFORCEMENT  AGENCY  TO OBTAIN A COURT-ISSUED SUBPOENA,
 ORDER, OR WARRANT TO OBTAIN A CONSUMER'S PERSONAL INFORMATION.  FOR GOOD
 CAUSE AND ONLY TO THE EXTENT NECESSARY FOR INVESTIGATORY PURPOSES, A LAW
 ENFORCEMENT AGENCY MAY DIRECT A BUSINESS NOT TO  DELETE  THE  CONSUMER'S
 PERSONAL  INFORMATION FOR ADDITIONAL NINETY-DAY PERIODS. A BUSINESS THAT
 HAS RECEIVED DIRECTION FROM A LAW ENFORCEMENT AGENCY NOT TO  DELETE  THE
 PERSONAL  INFORMATION  OF  A CONSUMER WHO HAS REQUESTED DELETION OF SUCH
 CONSUMER'S PERSONAL INFORMATION SHALL NOT USE SUCH  CONSUMER'S  PERSONAL
 INFORMATION  FOR  ANY  PURPOSE OTHER THAN RETAINING IT TO PRODUCE TO LAW
 ENFORCEMENT IN RESPONSE TO A COURT-ISSUED SUBPOENA,  ORDER,  OR  WARRANT
 UNLESS  SUCH CONSUMER'S DELETION REQUEST IS SUBJECT TO AN EXEMPTION FROM
 DELETION UNDER THIS ARTICLE;
   (IX) COOPERATE WITH LAW ENFORCEMENT  AGENCIES  CONCERNING  CONDUCT  OR
 ACTIVITY  THAT THE BUSINESS, SERVICE PROVIDER, OR THIRD PARTY REASONABLY
 AND IN GOOD FAITH BELIEVES MAY VIOLATE FEDERAL, STATE, OR LOCAL LAW;
   (X) COOPERATE WITH A GOVERNMENT AGENCY REQUEST FOR EMERGENCY ACCESS TO
 A CONSUMER'S PERSONAL INFORMATION IF A NATURAL  PERSON  IS  AT  RISK  OR
 DANGER OF DEATH OR SERIOUS PHYSICAL INJURY PROVIDED THAT:
   (1)  SUCH  REQUEST  IS  APPROVED  BY A HIGH-RANKING AGENCY OFFICER FOR
 EMERGENCY ACCESS TO A CONSUMER'S PERSONAL INFORMATION;
   (2) SUCH REQUEST IS BASED  ON  SUCH  GOVERNMENT  AGENCY'S  GOOD  FAITH
 DETERMINATION  THAT IT HAS A LAWFUL BASIS TO ACCESS THE INFORMATION ON A
 NONEMERGENCY BASIS;
   (3) SUCH AGENCY AGREES TO PETITION A COURT FOR  AN  APPROPRIATE  ORDER
 WITHIN  THREE  DAYS  AND TO DESTROY THE INFORMATION IF SUCH ORDER IS NOT
 GRANTED; AND
   (4) FOR PURPOSES OF THIS SUBPARAGRAPH, A CONSUMER  ACCESSING,  PROCUR-
 ING,  OR SEARCHING FOR SERVICES REGARDING CONTRACEPTION, PREGNANCY CARE,
 AND PERINATAL CARE, INCLUDING, BUT NOT LIMITED  TO,  ABORTION  SERVICES,
 SHALL  NOT  CONSTITUTE A NATURAL PERSON BEING AT RISK OR DANGER OF DEATH
 OR SERIOUS PHYSICAL INJURY;
   (XI) EXERCISE OR DEFEND LEGAL CLAIMS;
   (XII) COLLECT,  USE,  RETAIN,  SELL,  SHARE,  OR  DISCLOSE  CONSUMERS'
 PERSONAL INFORMATION THAT IS DEIDENTIFIED OR AGGREGATE CONSUMER INFORMA-
 TION; OR
   (XIII)  COLLECT,  SELL,  OR SHARE A CONSUMER'S PERSONAL INFORMATION IF
 EVERY ASPECT OF THAT COMMERCIAL CONDUCT TAKES PLACE  WHOLLY  OUTSIDE  OF
 NEW  YORK.  FOR PURPOSES OF THIS ARTICLE, COMMERCIAL CONDUCT TAKES PLACE
 WHOLLY OUTSIDE OF NEW YORK IF THE BUSINESS  COLLECTED  THAT  INFORMATION
 WHILE  THE  CONSUMER WAS OUTSIDE OF NEW YORK, NO PART OF THE SALE OF THE
 CONSUMER'S PERSONAL INFORMATION OCCURRED IN NEW YORK,  AND  NO  PERSONAL
 INFORMATION  COLLECTED  WHILE THE CONSUMER WAS IN NEW YORK IS SOLD. THIS
 PARAGRAPH SHALL NOT PROHIBIT A BUSINESS FROM  STORING,  INCLUDING  ON  A
 DEVICE,  PERSONAL  INFORMATION  ABOUT A CONSUMER WHEN THE CONSUMER IS IN
 NEW YORK AND THEN COLLECTING THAT PERSONAL INFORMATION WHEN THE CONSUMER
 AND STORED PERSONAL INFORMATION IS OUTSIDE OF NEW YORK; OR
   (B) PERSONAL INFORMATION DESCRIBED IN THIS SUBDIVISION SHALL  ONLY  BE
 USED  FOR  THE  PURPOSES  DESCRIBED IN THIS SUBDIVISION AND SHALL NOT BE
 USED OR DISCLOSED FOR ANY OTHER PURPOSE, INCLUDING, BUT NOT LIMITED  TO,
 MARKETING PURPOSES.
 S. 9008                            70                           A. 10008
 
   5.  BEGINNING ON A DATE ESTABLISHED BY REGULATION BY THE OFFICE, AFTER
 A CONSUMER HAS SUBMITTED A  DELETION  REQUEST  AND  A  DATA  BROKER  HAS
 DELETED  SUCH CONSUMER'S DATA PURSUANT TO THIS SECTION, SUCH DATA BROKER
 SHALL DELETE ALL PERSONAL INFORMATION OF SUCH  CONSUMER  AT  LEAST  ONCE
 EVERY  FORTY-FIVE  DAYS  PURSUANT  TO  THIS SECTION UNLESS SUCH CONSUMER
 REQUESTS OTHERWISE OR SUCH DELETION IS NOT REQUIRED PURSUANT TO SUBDIVI-
 SION FOUR OF THIS SECTION.
   6. BEGINNING ON A DATE ESTABLISHED BY REGULATION BY THE OFFICE,  AFTER
 A  CONSUMER  HAS  SUBMITTED  A  DELETION  REQUEST  AND A DATA BROKER HAS
 DELETED SUCH CONSUMER'S DATA PURSUANT TO THIS SECTION, SUCH DATA  BROKER
 SHALL NOT SELL OR SHARE NEW PERSONAL INFORMATION OF SUCH CONSUMER UNLESS
 SUCH  CONSUMER  REQUESTS  OTHERWISE  OR SELLING OR SHARING SUCH PERSONAL
 INFORMATION IS PERMITTED UNDER SUBDIVISION FOUR OF THIS SECTION.
   7. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-NINE, OR BY SUCH OTHER
 DATE THAT MAY BE ESTABLISHED BY REGULATION  BY  THE  OFFICE,  AND  EVERY
 THREE YEARS THEREAFTER, A DATA BROKER SHALL UNDERGO AN AUDIT BY AN INDE-
 PENDENT  THIRD PARTY TO DETERMINE COMPLIANCE WITH THIS SECTION. THE DATA
 BROKER SHALL SUBMIT A REPORT RESULTING FROM THE AUDIT  AND  ANY  RELATED
 MATERIALS TO THE OFFICE WITHIN FIVE BUSINESS DAYS OF RECEIVING A WRITTEN
 REQUEST  FROM  THE  OFFICE.  A DATA BROKER SHALL MAINTAIN THE REPORT AND
 MATERIALS DESCRIBED IN THIS PARAGRAPH FOR AT LEAST SIX YEARS.
   § 1805. DATA BROKER WEBSITE DISCLOSURE REQUIREMENTS.  1. ON OR  BEFORE
 JULY  FIRST  FOLLOWING  EACH CALENDAR YEAR, OR BY SUCH OTHER DATE AS THE
 OFFICE MAY ESTABLISH BY REGULATION IN WHICH A BUSINESS MEETS  THE  DEFI-
 NITION  OF A DATA BROKER AS PROVIDED IN THIS ARTICLE, THE BUSINESS SHALL
 CLEARLY AND CONSPICUOUSLY POST THEIR PRIVACY POLICY ON THEIR WEBSITE  AS
 WELL AS DO ALL OF THE FOLLOWING:
   (A) DISCLOSE THE NUMBER OF CONSUMER DELETION REQUESTS MADE TO THE DATA
 BROKER PURSUANT TO SECTION EIGHTEEN HUNDRED FOUR OF THIS ARTICLE;
   (B)  DISCLOSE  THE MEDIAN AND THE MEAN NUMBER OF DAYS WITHIN WHICH THE
 DATA BROKER SUBSTANTIVELY RESPONDED TO CONSUMER DELETION REQUESTS DURING
 THE PREVIOUS CALENDAR YEAR; AND
   (C) DISCLOSE THE METRICS COMPILED PURSUANT TO PARAGRAPHS (A)  AND  (B)
 OF  THIS  SUBDIVISION  WITHIN THE DATA BROKER'S PRIVACY POLICY POSTED ON
 THEIR INTERNET WEBSITE AND ACCESSIBLE FROM A LINK INCLUDED IN  THE  DATA
 BROKER'S PRIVACY POLICY.
   2.  IN  ITS  DISCLOSURE PURSUANT TO SUBDIVISION ONE OF THIS SECTION, A
 DATA BROKER SHALL DISCLOSE THE NUMBER OF CONSUMER DELETION REQUESTS THAT
 THE DATA BROKER DENIED IN WHOLE OR IN PART BECAUSE OF ANY OF THE FOLLOW-
 ING:
   (A) THE REQUEST WAS NOT VERIFIABLE;
   (B) THE REQUEST WAS NOT MADE BY A CONSUMER;
   (C) THE REQUEST CALLED FOR INFORMATION EXEMPT FROM DELETION; OR
   (D) THE REQUEST WAS DENIED ON OTHER GROUNDS.
   3. IN ITS DISCLOSURE PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION,  A
 DATA  BROKER  SHALL  SPECIFY THE NUMBER OF CONSUMER DELETION REQUESTS IN
 WHICH DELETION WAS NOT REQUIRED IN WHOLE, OR IN PART, UNDER  A  RELEVANT
 SECTION OF THIS ARTICLE.
   4. A DATA BROKER SHALL PROVIDE IN A FORM THAT IS REASONABLY ACCESSIBLE
 TO  CONSUMERS,  AT  LEAST  TWO OR MORE DESIGNATED METHODS FOR SUBMITTING
 DELETION REQUESTS TO SUCH DATA BROKER DIRECTLY. SUCH FORMS MAY INCLUDE A
 TOLL-FREE TELEPHONE NUMBER, EMAIL OR ELECTRONIC SUBMISSION VIA THE  DATA
 BROKER'S INTERNET WEBSITE.
   §  1806.  RULEMAKING.  THE OFFICE SHALL ADOPT RULES AND REGULATIONS TO
 IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
 S. 9008                            71                           A. 10008
 
   § 1807. POWERS, DUTIES AND ADJUDICATORY PROCEEDINGS. 1. IN  CONNECTION
 WITH  THE  IMPLEMENTATION  AND  ENFORCEMENT  OF THIS ARTICLE, THE OFFICE
 SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   (A)  TO  HOLD  HEARINGS,  SUBPOENA WITNESSES, COMPEL THEIR ATTENDANCE,
 ADMINISTER OATHS, TO EXAMINE ANY PERSON UNDER  OATH  AND  IN  CONNECTION
 THEREWITH  TO REQUIRE THE PRODUCTION OF ANY BOOKS OR RECORDS RELATIVE TO
 THE INQUIRY, PROVIDED THAT SUBPOENA ISSUED UNDER THIS SECTION  SHALL  BE
 REGULATED BY THE CIVIL PRACTICE LAW AND RULES;
   (B) TO APPOINT SUCH ADVISORY GROUPS AND COMMITTEES AS DEEMED NECESSARY
 TO PROVIDE ASSISTANCE TO THE OFFICE TO CARRY OUT THE PURPOSES AND OBJEC-
 TIVES OF THIS ARTICLE;
   (C)  TO  ENTER  INTO CONTRACTS, MEMORANDA OF UNDERSTANDING, AND AGREE-
 MENTS AS DEEMED APPROPRIATE TO EFFECTUATE THE POLICY AND PURPOSE OF THIS
 CHAPTER;
   (D) TO DRAFT DECLARATORY RULINGS, GUIDANCE  AND  INDUSTRY  ADVISORIES;
 AND
   (E)  TO  DELEGATE  THE  POWERS  PROVIDED IN THIS SECTION TO SUCH OTHER
 OFFICERS OR EMPLOYEES AS MAY BE DEEMED APPROPRIATE  BY  THE  SUPERINTEN-
 DENT.
   2. (A) THE SUPERINTENDENT, OR ANY PERSON DESIGNATED BY THE SUPERINTEN-
 DENT  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, MAY ISSUE SUBPOENAS AND
 ADMINISTER OATHS IN CONNECTION WITH ANY HEARING OR  INVESTIGATION  UNDER
 OR PURSUANT TO THIS ARTICLE, AND IT SHALL BE THE DUTY OF THE SUPERINTEN-
 DENT  AND  ANY  PERSONS  DESIGNATED  BY  THEM  FOR SUCH PURPOSE TO ISSUE
 SUBPOENAS AT THE REQUEST OF AND UPON BEHALF OF THE RESPONDENT.
   (B) THE SUPERINTENDENT AND  THOSE  DESIGNATED  BY  THE  SUPERINTENDENT
 SHALL  NOT  BE  BOUND  BY THE LAWS OF EVIDENCE IN THE CONDUCT OF HEARING
 PROCEEDINGS, BUT THE DETERMINATION SHALL BE FOUNDED  UPON  PREPONDERANCE
 OF EVIDENCE TO SUSTAIN IT.
   (C)  NOTICE  AND RIGHT OF HEARING AS PROVIDED IN THE STATE ADMINISTRA-
 TIVE PROCEDURE ACT SHALL BE SERVED AT LEAST FIFTEEN DAYS  PRIOR  TO  THE
 DATE  OF  THE  HEARING, PROVIDED THAT, WHENEVER BECAUSE OF DANGER TO THE
 PUBLIC HEALTH, SAFETY OR WELFARE IT APPEARS PREJUDICIAL TO THE INTERESTS
 OF THE PEOPLE OF THE STATE TO DELAY ACTION FOR FIFTEEN DAYS, THE  SUPER-
 INTENDENT  MAY  SERVE  THE  RESPONDENT  WITH  AN ORDER REQUIRING CERTAIN
 ACTION OR THE CESSATION OF CERTAIN ACTIVITIES IMMEDIATELY  OR  WITHIN  A
 SPECIFIED PERIOD OF LESS THAN FIFTEEN DAYS.
   (D)  SERVICE  OF  NOTICE OF HEARING OR ORDER SHALL BE MADE BY PERSONAL
 SERVICE OR BY REGISTERED OR CERTIFIED MAIL. WHERE  SERVICE,  WHETHER  BY
 PERSONAL  SERVICE  OR  BY  REGISTERED OR CERTIFIED MAIL, IS MADE UPON AN
 INCOMPETENT, PARTNERSHIP, OR CORPORATION, IT  SHALL  BE  MADE  UPON  THE
 PERSON  OR  PERSONS  DESIGNATED  TO  RECEIVE PERSONAL SERVICE BY ARTICLE
 THREE OF THE CIVIL PRACTICE LAW AND RULES.
   (E) AT A HEARING, THAT TO THE GREATEST  EXTENT  PRACTICABLE  SHALL  BE
 REASONABLY  NEAR  THE  RESPONDENT, THE RESPONDENT MAY APPEAR PERSONALLY,
 SHALL HAVE THE RIGHT OF COUNSEL, AND MAY CROSS-EXAMINE WITNESSES AGAINST
 THE RESPONDENT AND PRODUCE EVIDENCE AND WITNESSES ON THEIR BEHALF.
   (F) FOLLOWING A  HEARING,  THE  SUPERINTENDENT  MAY  MAKE  APPROPRIATE
 DETERMINATIONS AND ISSUE A FINAL ORDER IN ACCORDANCE THEREWITH.
   (G)  THE  SUPERINTENDENT  MAY  ADOPT,  AMEND AND REPEAL ADMINISTRATIVE
 RULES AND REGULATIONS GOVERNING  THE  PROCEDURES  TO  BE  FOLLOWED  WITH
 RESPECT  TO  HEARINGS,  SUCH  RULES TO BE CONSISTENT WITH THE POLICY AND
 PURPOSE OF THIS CHAPTER AND THE EFFECTIVE AND FAIR  ENFORCEMENT  OF  ITS
 PROVISIONS.
   (H) THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO ALL HEARINGS
 HELD PURSUANT TO THIS ARTICLE.
 S. 9008                            72                           A. 10008
 
   § 1808. STATUTE OF LIMITATIONS. NO ADMINISTRATIVE ACTION BY THE OFFICE
 BROUGHT  PURSUANT  TO  THIS  ARTICLE  ALLEGING A VIOLATION OF ANY OF THE
 PROVISIONS OF THIS ARTICLE SHALL BE  COMMENCED  MORE  THAN  THREE  YEARS
 AFTER THE DATE ON WHICH THE VIOLATION OCCURRED.
   § 1809. ENFORCEMENT. 1. THE SUPERINTENDENT MAY, AFTER NOTICE AND HEAR-
 ING,  REQUIRE  ANY PERSON FOUND VIOLATING THE PROVISIONS OF THIS ARTICLE
 OR THE RULES OR REGULATIONS PROMULGATED HEREUNDER TO PAY TO  THE  PEOPLE
 OF THIS STATE, PENALTIES AND EXPENSES AS FOLLOWS:
   (A)  A  FINE  OR CIVIL PENALTY OF TWO HUNDRED DOLLARS FOR EACH DAY THE
 DATA BROKER FAILS TO REGISTER OR FAILS TO COMPLY WITH  THE  REGISTRATION
 REQUIREMENTS AS REQUIRED BY THIS ARTICLE;
   (B)  AN  AMOUNT EQUAL TO THE MONIES THAT WERE DUE DURING THE PERIOD IT
 FAILED TO REGISTER;
   (C) A FINE OR CIVIL PENALTY OF TWO HUNDRED DOLLARS FOR  EACH  DELETION
 REQUEST  FOR  EACH  DAY  THE  DATA BROKER FAILS TO DELETE INFORMATION AS
 REQUIRED BY SECTION EIGHTEEN HUNDRED FOUR OR  SECTION  EIGHTEEN  HUNDRED
 FIVE OF THIS ARTICLE;
   (D)  A  FINE  OR CIVIL PENALTY OF TWO HUNDRED DOLLARS FOR EACH DAY THE
 DATA BROKER FAILS TO COMPLY WITH THE WEBSITE DISCLOSURE REQUIREMENTS  AS
 SET FORTH IN SECTION EIGHTEEN HUNDRED FIVE OF THIS ARTICLE; AND
   (E)  APPROPRIATE  EXPENSES INCURRED BY THE OFFICE IN THE INVESTIGATION
 AND ADMINISTRATION OF THE ACTION; OR IN THE CASE OF AN ACTION  COMMENCED
 BY  THE  ATTORNEY GENERAL, ANY EXPENSES INCURRED BY THE OFFICE, THAT ARE
 DEEMED APPROPRIATE BY THE COURT.
   2.  THE SUPERINTENDENT MAY REQUEST THE ATTORNEY  GENERAL  COMMENCE  AN
 ACTION  IN A COURT OF COMPETENT JURISDICTION TO ENFORCE THE REQUIREMENTS
 OF THIS ARTICLE AND TO RECOVER THE PENALTIES AND EXPENSES SET  FORTH  IN
 PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION ONE OF THIS SECTION.
   §  1810.    ASSESSMENTS. COMPANIES OR PERSONS REQUIRED TO BE LICENSED,
 REGISTERED OR FILE WITH THE OFFICE PURSUANT TO  THIS  ARTICLE  SHALL  BE
 ASSESSED  IN  PRO  RATA SHARES BY THE DEPARTMENT TO DEFRAY THE OPERATING
 EXPENSES, INCLUDING ALL DIRECT AND INDIRECT COSTS, OF ADMINISTERING  THE
 OBLIGATIONS IMPOSED BY THIS ARTICLE.
   § 1811. EXEMPTIONS. THIS ARTICLE SHALL NOT APPLY TO ANY OF THE FOLLOW-
 ING:
   1.  PROTECTED HEALTH INFORMATION THAT IS COLLECTED BY A COVERED ENTITY
 OR BUSINESS ASSOCIATE GOVERNED BY  THE  PRIVACY,  SECURITY,  AND  BREACH
 NOTIFICATION  RULES ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, PARTS 160 AND 164 OF TITLE 45 OF  THE  CODE  OF  FEDERAL
 REGULATIONS, ESTABLISHED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTA-
 BILITY  AND  ACCOUNTABILITY  ACT  OF  1996  (PUBLIC LAW 104-191) AND THE
 FEDERAL HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND  CLINICAL  HEALTH
 ACT, TITLE XIII OF THE FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT OF
 2009 (PUBLIC LAW 111-5).
   2.  A  COVERED  ENTITY  GOVERNED  BY THE PRIVACY, SECURITY, AND BREACH
 NOTIFICATION RULES ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH  AND
 HUMAN  SERVICES,  PARTS  160  AND 164 OF TITLE 45 OF THE CODE OF FEDERAL
 REGULATIONS, ESTABLISHED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTA-
 BILITY AND ACCOUNTABILITY ACT OF  1996  (PUBLIC  LAW  104-191),  TO  THE
 EXTENT  THE  COVERED  ENTITY  MAINTAINS,  USES,  AND DISCLOSES PROTECTED
 HEALTH INFORMATION AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   3. A BUSINESS ASSOCIATE OF A COVERED ENTITY GOVERNED BY  THE  PRIVACY,
 SECURITY, AND DATA BREACH NOTIFICATION RULES ISSUED BY THE UNITED STATES
 DEPARTMENT  OF  HEALTH AND HUMAN SERVICES, PARTS 160 AND 164 OF TITLE 45
 OF THE CODE OF FEDERAL REGULATIONS, ESTABLISHED PURSUANT TO THE  FEDERAL
 HEALTH  INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (PUBLIC LAW
 S. 9008                            73                           A. 10008
 
 104-191) AND THE FEDERAL HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC  AND
 CLINICAL  HEALTH  ACT,  TITLE  XIII OF THE FEDERAL AMERICAN RECOVERY AND
 REINVESTMENT ACT OF 2009 (PUBLIC LAW 111-5), TO  THE  EXTENT  THAT  SUCH
 BUSINESS  ASSOCIATE  MAINTAINS,  USES,  AND  DISCLOSES  PROTECTED HEALTH
 INFORMATION AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   4. INFORMATION THAT MEETS BOTH OF THE FOLLOWING CONDITIONS:
   (A) IT IS DEIDENTIFIED IN ACCORDANCE WITH THE REQUIREMENTS FOR DEIDEN-
 TIFICATION SET FORTH IN SECTION 164.514 OF PART 164 OF TITLE 45  OF  THE
 CODE OF FEDERAL REGULATIONS; AND
   (B)  IT  IS  DERIVED  FROM  PATIENT  INFORMATION  THAT  WAS ORIGINALLY
 COLLECTED, CREATED, TRANSMITTED, OR MAINTAINED BY AN ENTITY REGULATED BY
 THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OR  THE  FEDERAL
 POLICY  FOR  THE  PROTECTION OF HUMAN SUBJECTS, ALSO KNOWN AS THE COMMON
 RULE.
   5. INFORMATION THAT MET THE REQUIREMENTS OF SUBDIVISION FOUR  OF  THIS
 SECTION BUT IS SUBSEQUENTLY REIDENTIFIED SHALL NO LONGER BE ELIGIBLE FOR
 THE EXEMPTION IN THIS SECTION, AND SHALL BE SUBJECT TO APPLICABLE FEDER-
 AL  AND STATE DATA PRIVACY AND SECURITY LAWS, INCLUDING, BUT NOT LIMITED
 TO, THE HEALTH INSURANCE PORTABILITY AND  ACCOUNTABILITY  ACT  AND  THIS
 TITLE.
   6.  INFORMATION  THAT IS COLLECTED, USED, OR DISCLOSED IN RESEARCH, AS
 DEFINED IN SECTION 164.501 OF TITLE 45 OF  THE  CODE  OF  FEDERAL  REGU-
 LATIONS,  INCLUDING,  BUT  NOT LIMITED TO, A CLINICAL TRIAL, AND THAT IS
 CONDUCTED IN ACCORDANCE WITH APPLICABLE ETHICS, CONFIDENTIALITY,  PRIVA-
 CY,  AND  SECURITY  RULES OF PART 164 OF TITLE 45 OF THE CODE OF FEDERAL
 REGULATIONS, THE FEDERAL POLICY FOR THE PROTECTION  OF  HUMAN  SUBJECTS,
 ALSO  KNOWN AS THE COMMON RULE, GOOD CLINICAL PRACTICE GUIDELINES ISSUED
 BY  THE  INTERNATIONAL  COUNCIL  FOR  HARMONIZATION,  OR  HUMAN  SUBJECT
 PROTECTION  REQUIREMENTS  OF  THE  UNITED  STATES FOOD AND DRUG ADMINIS-
 TRATION.
   7.  A HEALTH INFORMATION NETWORK REGULATED UNDER 10  NYCRR  PART  300,
 INCLUDING  THE  DEPARTMENT OF HEALTH'S DESIGNATED CONTRACTOR OR A QUALI-
 FIED ENTITY UNDER 10 NYCRR § 300.4.
   8. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "BUSINESS ASSOCIATE" HAS THE SAME MEANING AS DEFINED IN SECTION
   160.103 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS.
   (B)  "COVERED  ENTITY"  HAS  THE  SAME  MEANING  AS DEFINED IN SECTION
 160.103 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS.
   (C) "IDENTIFIABLE PRIVATE INFORMATION" HAS THE SAME MEANING AS DEFINED
 IN SECTION 46.102 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS.
   (D) "INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION" HAS THE SAME  MEAN-
 ING  AS  DEFINED  IN  SECTION 160.103 OF TITLE 45 OF THE CODE OF FEDERAL
 REGULATIONS.
   (E) "PROTECTED HEALTH INFORMATION" HAS THE SAME MEANING AS DEFINED IN
   SECTION 160.103 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS.
   § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
 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 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.
 S. 9008                            74                           A. 10008
 
   § 4. This act shall take effect on the one hundred eightieth day after
 the  office  of  the  department  of  financial services tasked with the
 implementation of article 48 of the general  business  law  pursuant  to
 such  article  shall  promulgate rules and regulations to effectuate the
 provisions of this act; provided, however, that such office shall notify
 the  legislative  bill  drafting  commission  upon the occurrence of the
 promulgation of such rules and regulations in order that the  commission
 may  maintain an accurate and timely effective data base of the official
 text of the laws of the state of New York in furtherance of effectuating
 the provisions of section 44 of the legislative law and section 70-b  of
 the  public officers law. Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.
 
                                  PART BB
 
   Section  1.  The insurance law is amended by adding a new section 2356
 to read as follows:
   § 2356. PREMIUM INCREASE EXPLANATIONS. (A) AN INSURER SHALL INCLUDE ON
 EITHER THE PREMIUM BILL OR THE  DECLARATIONS  PAGE  THE  AMOUNT  OF  THE
 PREMIUM  INCREASE FROM THE PRIOR POLICY PERIOD AND A WRITTEN EXPLANATION
 FOR THE PREMIUM INCREASE, INCLUDING THE PRIMARY RATING  FACTORS  CAUSING
 THE  INCREASE,  FOR  A COVERED POLICY AS DEFINED IN PARAGRAPH ONE AND IN
 SUBPARAGRAPH (A) OF PARAGRAPH TWO OF SUBSECTION  (A)  OF  SECTION  THREE
 THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER, WHERE THE TOTAL POLI-
 CY PREMIUM INCREASE IS IN EXCESS OF TEN PERCENT, EXCLUSIVE OF ANY PREMI-
 UM INCREASE DUE TO INSURED VALUE ADDED.
   (B)  (1)  EXCEPT  WHEN  AN INSURER PROVIDES AN EXPLANATION PURSUANT TO
 SUBSECTION (A) OF THIS SECTION, AN INSURER  SHALL  INCLUDE  A  PROMINENT
 NOTICE  ON  EITHER  THE PREMIUM BILL, THE DECLARATIONS PAGE, OR A NOTICE
 ACCOMPANYING THE PREMIUM BILL OR DECLARATIONS PAGE, FOR A POLICY  COVER-
 ING A MOTOR VEHICLE OR A POLICY COVERING LOSS OF OR DAMAGE TO REAL PROP-
 ERTY  USED  PREDOMINANTLY  FOR  RESIDENTIAL  PURPOSES,  THAT  STATES THE
 FOLLOWING:  "POLICYHOLDERS RECEIVING AN INCREASE TO  THEIR  PREMIUMS  AT
 RENEWAL  MAY REQUEST A WRITTEN EXPLANATION, INCLUDING THE PRIMARY RATING
 FACTORS CAUSING THE INCREASE, BY CONTACTING THEIR INSURERS IN  WRITING."
 AN  INSURER  SHALL  INCLUDE  ITS  CONTACT INFORMATION WITH THE PROMINENT
 NOTICE.
   (2) UPON A POLICYHOLDER'S WRITTEN REQUEST AT POLICY RENEWAL, AN INSUR-
 ER SHALL PROVIDE A  WRITTEN  EXPLANATION  FOR  THE  INCREASED  PREMIUMS,
 INCLUDING  THE PRIMARY RATING FACTORS CAUSING THE INCREASE, FOR A POLICY
 COVERING A MOTOR VEHICLE OR A POLICY COVERING LOSS OF OR DAMAGE TO  REAL
 PROPERTY  USED  PREDOMINANTLY FOR RESIDENTIAL PURPOSES. AN INSURER SHALL
 PROVIDE THE WRITTEN  EXPLANATION  TO  THE  POLICYHOLDER,  INCLUDING  THE
 PRIMARY  RATING  FACTORS  CAUSING  THE INCREASE, WITHIN TWENTY DAYS FROM
 RECEIPT OF THE POLICYHOLDER'S WRITTEN REQUEST.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART CC
 
   Section  1.  The insurance law is amended by adding a new section 2354
 to read as follows:
   § 2354. HOMEOWNERS' INSURANCE BENCHMARK LOSS RATIO.  (A) BEGINNING ONE
 YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AN INSURER THAT ISSUES OR
 S. 9008                            75                           A. 10008
 
 DELIVERS IN THIS STATE A HOMEOWNERS' INSURANCE POLICY  AND  HAD  AVERAGE
 ANNUAL  GROSS WRITTEN HOMEOWNERS' INSURANCE PREMIUMS IN THIS STATE OF AT
 LEAST TEN MILLION DOLLARS DURING THE PREVIOUS TWO CALENDAR  YEARS  SHALL
 REFILE WITH THE SUPERINTENDENT, FOR THE SUPERINTENDENT'S PRIOR APPROVAL,
 ITS  HOMEOWNERS' INSURANCE RATES IF THE INSURER HAD AN ACTUAL LOSS RATIO
 FOR EACH OF THE PREVIOUS TWO CALENDAR YEARS THAT IS BELOW THE  BENCHMARK
 LOSS  RATIO SPECIFIED BY THE SUPERINTENDENT IN A REGULATION. THE INSURER
 SHALL MAKE THE FILING WITH THE SUPERINTENDENT WITHIN  SIXTY  DAYS  AFTER
 THE INSURER FILES ITS ANNUAL STATEMENT.
   (B)  THE SUPERINTENDENT SHALL CONDUCT A STUDY TO DETERMINE A BENCHMARK
 LOSS RATIO FOR HOMEOWNERS' INSURANCE FOR THE PURPOSE OF  SUBSECTION  (A)
 OF THIS SECTION.
   (C)  FOR  THE PURPOSE OF THIS SECTION, "HOMEOWNERS' INSURANCE" MEANS A
 CONTRACT OF INSURANCE INSURING AGAINST THE  CONTINGENCIES  DESCRIBED  IN
 SUBPARAGRAPHS  (A),  (B),  AND (C) OR SUBPARAGRAPHS (B) AND (C) OF PARA-
 GRAPH TWO OF SUBSECTION (A) OF SECTION THREE THOUSAND FOUR HUNDRED TWEN-
 TY-FIVE OF THIS CHAPTER AND WHICH IS  A  "COVERED  POLICY"  OF  PERSONAL
 LINES  INSURANCE  AS  DEFINED IN SUCH PARAGRAPH; PROVIDED, HOWEVER, THAT
 THE COVERAGES PROVIDED UNDER SUBPARAGRAPHS (B) AND (C) OF PARAGRAPH  TWO
 OF  SUBSECTION (A) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF
 THIS CHAPTER SHALL NOT APPLY WHERE THE NATURAL PERSON DOES NOT  HAVE  AN
 INSURABLE  INTEREST  IN  THE REAL PROPERTY, OR A PORTION THEREOF, OR THE
 RESIDENTIAL UNIT IN WHICH SUCH PERSON RESIDES.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1.  Subsections 1 and 2 of section 2346 of the insurance  law,
 subsection  1  as  amended  by  chapter  454  of  the  laws  of 1994 and
 subsection 2 as amended by chapter 637 of the laws of 1993, are  amended
 to read as follows:
   1.  [The  superintendent  may provide for a] AN INSURER SHALL OFFER AT
 LEAST ONE DISCOUNT THAT PROVIDES AN ACTUARIALLY APPROPRIATE reduction in
 the rates of fire insurance premiums or the fire insurance component  of
 homeowners  insurance  premiums  applicable to residential real property
 FOR FIRE PREVENTION OR MITIGATION IMPROVEMENTS, SUCH AS  WHEN  THE  REAL
 PROPERTY IS equipped with smoke detecting alarm devices, approved sprin-
 kler systems, or fire extinguishers[, should a statistically valid study
 of  insurer  experience  indicate an actuarially significant decrease in
 losses in the aforementioned circumstances. The reductions provided  for
 shall  be  proportionally related to the actuarially calculable decrease
 in losses in the aforementioned circumstances].
   2. [The superintendent may provide for a] (A) AN INSURER  SHALL  OFFER
 AT LEAST ONE DISCOUNT THAT PROVIDES AN ACTUARIALLY APPROPRIATE reduction
 in  the rates of homeowners insurance premiums applicable to residential
 real property FOR EACH OF THE FOLLOWING CATEGORIES OF IMPROVEMENTS:
   (1) THEFT PREVENTION OR MITIGATION IMPROVEMENTS, SUCH AS WHEN THE REAL
 PROPERTY IS equipped with dead-bolt locks[, should a statistically valid
 study of insurer experience indicate an actuarially significant decrease
 in losses attributable to the use of such a device.  The  superintendent
 shall  by regulation establish standards for dead-bolt locks for which a
 reduction may be approved. The reductions provided for shall be  propor-
 tionally  related  to  the  actuarially  calculable  decrease  in losses
 attributable to the use of such a device] OR A SECURITY SYSTEM; AND
   (2) WATER DAMAGE PREVENTION OR  MITIGATION  IMPROVEMENTS,  SUCH  AS  A
 SMART WATER MONITOR AND SHUTOFF DEVICE.
 S. 9008                            76                           A. 10008
 
   (B)  AN  INSURER  SHALL  OFFER A DISCOUNT THAT PROVIDES AN ACTUARIALLY
 APPROPRIATE REDUCTION IN THE  RATES  OF  HOMEOWNERS  INSURANCE  PREMIUMS
 APPLICABLE  TO RESIDENTIAL REAL PROPERTY FOR THE INSTALLATION OF A NEWLY
 CONSTRUCTED ROOF OR A ROOF REPLACEMENT AND FOR  EACH  OF  THE  FOLLOWING
 WIND DAMAGE MITIGATION IMPROVEMENTS TO THE PROPERTY:
   (1)  IMPROVEMENTS  MADE  TO ROOF COVERINGS, SUCH AS TILES OR SHINGLES,
 FOR WIND-RESISTANCE;
   (2) ROOF DECK ATTACHMENTS;
   (3) SECONDARY WATER RESISTANCE, INCLUDING SEALING AND STRENGTHENING  A
 ROOF DECK, ROOF AND GABLE END VENTS OR COVERS, AND IMPROVEMENTS MADE FOR
 WATER INTRUSION RESISTANCE OF ATTIC VENTS; AND
   (4)  ROOF  TO WALL CONNECTIONS, INCLUDING TOE NAILS, CLIPS, STRAPPING,
 OR TIES.
   (C) TO BE CONSIDERED FOR ANY DISCOUNT PROVIDED FOR IN PARAGRAPH (B) OF
 THIS SUBSECTION, AN INSURABLE PROPERTY SHALL BE CERTIFIED AS CONSTRUCTED
 IN ACCORDANCE WITH ANY BUILDING CODE APPLICABLE IN  THIS  STATE  OR  NEW
 YORK  CITY,  AS  AMENDED  FROM  TIME-TO-TIME, OR SUCH OTHER STANDARDS AS
 APPROVED BY THE SUPERINTENDENT.
   § 2.  Section 2346-a of the insurance law, as added by chapter  78  of
 the laws of 1997, is amended to read as follows:
   §  2346-a.  Reduction  in  rates  of certain commercial risk insurance
 premiums for real property.  [The superintendent shall provide for]  (A)
 AN INSURER SHALL OFFER AT LEAST ONE DISCOUNT THAT PROVIDES AN ACTUARIAL-
 LY  APPROPRIATE REDUCTION IN THE RATES OF FIRE INSURANCE PREMIUMS OR THE
 FIRE INSURANCE  COMPONENT  OF  CERTAIN  COMMERCIAL  RISK  INSURANCE,  AS
 DEFINED  IN  SUBPARAGRAPH (A) OF PARAGRAPH FORTY-SEVEN OF SUBSECTION (A)
 OF SECTION ONE HUNDRED SEVEN OF THIS CHAPTER, TO  A  PURCHASER  OF  SUCH
 INSURANCE  AND  SHALL  ALSO  PROVIDE SUCH DISCOUNT TO A PUBLIC ENTITY AS
 DEFINED IN PARAGRAPH FIFTY-ONE OF SUBSECTION (A) OF SECTION ONE  HUNDRED
 SEVEN  OF  THIS  CHAPTER,  FOR  THE  LOSS  OF OR DAMAGE TO REAL PROPERTY
 EQUIPPED WITH FIRE PREVENTION OR MITIGATION IMPROVEMENTS, SUCH  AS  WHEN
 THE  REAL  PROPERTY  IS  EQUIPPED  WITH  SMOKE  DETECTING ALARM DEVICES,
 APPROVED SPRINKLER SYSTEMS, OR FIRE EXTINGUISHERS.
   (B) AN INSURER SHALL OFFER AT LEAST  ONE  DISCOUNT  THAT  PROVIDES  AN
 ACTUARIALLY  APPROPRIATE  REDUCTION IN THE RATES OF PREMIUMS FOR CERTAIN
 COMMERCIAL RISK INSURANCE, AS DEFINED IN SUBPARAGRAPH (A)  OF  PARAGRAPH
 FORTY-SEVEN OF SUBSECTION (A) OF SECTION ONE HUNDRED SEVEN OF THIS CHAP-
 TER,  TO  A  PURCHASER  OF  SUCH  INSURANCE  AND SHALL ALSO PROVIDE SUCH
 REDUCTION TO A PUBLIC  ENTITY  AS  DEFINED  IN  PARAGRAPH  FIFTY-ONE  OF
 SUBSECTION  (A) OF SECTION ONE HUNDRED SEVEN OF THIS CHAPTER FOR LOSS OF
 OR DAMAGE TO REAL PROPERTY FOR  EACH  OF  THE  FOLLOWING  CATEGORIES  OF
 IMPROVEMENTS:
   (1) THEFT PREVENTION OR MITIGATION IMPROVEMENTS, SUCH AS WHEN THE REAL
 PROPERTY IS EQUIPPED WITH DEAD-BOLT LOCKS OR A SECURITY SYSTEM; AND
   (2)  WATER  DAMAGE  PREVENTION  OR  MITIGATION IMPROVEMENTS, SUCH AS A
 SMART WATER MONITOR AND SHUTOFF DEVICE.
   (C) AN INSURER SHALL OFFER A DISCOUNT  THAT  PROVIDES  AN  ACTUARIALLY
 APPROPRIATE  REDUCTION  IN  THE RATES OF PREMIUMS FOR CERTAIN COMMERCIAL
 RISK INSURANCE, AS DEFINED IN SUBPARAGRAPH (A) OF PARAGRAPH  FORTY-SEVEN
 OF  SUBSECTION  (A)  OF  SECTION ONE HUNDRED SEVEN OF THIS CHAPTER, TO A
 PURCHASER OF SUCH INSURANCE AND SHALL ALSO PROVIDE SUCH REDUCTION  TO  A
 PUBLIC  ENTITY  AS  DEFINED  IN PARAGRAPH FIFTY-ONE OF SUBSECTION (A) OF
 SECTION ONE HUNDRED SEVEN OF THIS CHAPTER FOR THE LOSS OF OR  DAMAGE  TO
 REAL PROPERTY FOR THE INSTALLATION OF A NEWLY CONSTRUCTED ROOF OR A ROOF
 REPLACEMENT  AND  FOR  EACH  OF  THE  FOLLOWING  WIND  DAMAGE MITIGATION
 IMPROVEMENTS TO THE PROPERTY:
 S. 9008                            77                           A. 10008
 
   (1) IMPROVEMENTS MADE TO ROOF COVERINGS, SUCH AS  TILES  OR  SHINGLES,
 FOR WIND-RESISTANCE;
   (2) ROOF DECK ATTACHMENTS;
   (3)  SECONDARY WATER RESISTANCE, INCLUDING SEALING AND STRENGTHENING A
 ROOF DECK, ROOF AND GABLE END VENTS OR COVERS, AND IMPROVEMENTS MADE FOR
 WATER INTRUSION RESISTANCE OF ATTIC VENTS; AND
   (4) ROOF TO WALL CONNECTIONS, INCLUDING TOE NAILS,  CLIPS,  STRAPPING,
 OR TIES.
   (D)  TO  BE CONSIDERED FOR ANY DISCOUNT PROVIDED FOR IN SUBSECTION (C)
 OF THIS SECTION, AN INSURABLE PROPERTY SHALL BE CERTIFIED AS CONSTRUCTED
 IN ACCORDANCE WITH ANY BUILDING CODE APPLICABLE IN  THIS  STATE  OR  NEW
 YORK  CITY,  AS  AMENDED  FROM  TIME-TO-TIME, OR SUCH OTHER STANDARDS AS
 APPROVED BY THE SUPERINTENDENT.
   (E) AN INSURER SHALL OFFER A DISCOUNT  THAT  PROVIDES  an  actuarially
 appropriate  reduction  in  the rates of premiums for certain commercial
 risk insurance, as defined in subparagraph (A) of paragraph  forty-seven
 of  subsection  (a)  of  section one hundred seven of this chapter, to a
 purchaser of such insurance and shall also provide such reduction  to  a
 public  entity  as  defined  in paragraph fifty-one of subsection (a) of
 section one hundred seven of this chapter for the loss of or  damage  to
 real  property  fitted or retrofitted with hurricane resistant laminated
 glass windows or doors.  The superintendent shall by  regulation  estab-
 lish  standards  for  hurricane  resistant  laminated  glass windows and
 doors, including the safe and secure installation thereof.
   § 3.  The insurance law is amended by adding a  new  section  2354  to
 read as follows:
   §  2354.  DISCLOSURE  AND  REPORTING OF DISCOUNTS. (A) AN INSURER THAT
 ISSUES OR DELIVERS IN THIS STATE A POLICY THAT INSURES LOSS OF OR DAMAGE
 TO REAL PROPERTY SHALL SPECIFY THE NATURE AND THE  TOTAL  DOLLAR  AMOUNT
 REDUCTION  OF  EACH  DISCOUNT  APPLIED TO THE POLICY ON THE DECLARATIONS
 PAGE AND SPECIFY THE NATURE AND PERCENTAGE OF  ALL  AVAILABLE  DISCOUNTS
 THAT  THE  INSURER OFFERS ON THE POLICY IN A CONSPICUOUS NOTICE ENTITLED
 "DISCOUNT INFORMATION" INCLUDED WITH THE POLICY.
   (B) AN INSURER SHALL REPORT THE FOLLOWING INFORMATION  TO  THE  SUPER-
 INTENDENT, IN A FORM PRESCRIBED BY THE SUPERINTENDENT, BY APRIL FIRST OF
 EACH  YEAR:   (1) A LIST OF ALL DISCOUNTS OFFERED TO INSUREDS DURING THE
 PRECEDING CALENDAR YEAR, INCLUDING THE NATURE OF THE DISCOUNTS  AND  THE
 DISCOUNT  AMOUNTS;  AND  (2)  THE  NUMBER  OF INSUREDS WHO RECEIVED EACH
 DISCOUNT DURING THE PRECEDING CALENDAR YEAR AND THE ZIP CODES  IN  WHICH
 THE INSURED PROPERTIES ARE LOCATED.
   §  4.    This  act  shall  take effect immediately; provided, however,
 sections one and two of this act shall take effect  one  year  after  it
 shall  have  become  a  law; and provided further, however, that section
 three 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 effective date.
 
                                  PART EE
 
   Section  1.  Subsection  (d)  of section 5102 of the insurance law, as
 amended by chapter 955 of the laws  of  1984,  is  amended  to  read  as
 follows:
   (d) "Serious  injury"  means a personal injury which results in death;
 dismemberment; significant disfigurement; a fracture; loss of  a  fetus;
 S. 9008                            78                           A. 10008
 
 permanent  loss  of  use  of  a  body organ, member, function or system;
 permanent consequential limitation of use of a body organ or member;  OR
 significant  limitation  of  use  of  a  body  function or system[; or a
 medically  determined  injury  or  impairment  of a non-permanent nature
 which prevents the injured person from performing substantially  all  of
 the  material  acts  which  constitute such person's usual and customary
 daily activities for not less than ninety days during  the  one  hundred
 eighty  days  immediately  following  the  occurrence  of  the injury or
 impairment].
   § 2. Subsection (a) of section 5104 of the insurance law  is  amended,
 and a new subsection (d) is added to read as follows:
   (a)  Notwithstanding any other law, in any action by or on behalf of a
 covered person against another  covered  person  for  personal  injuries
 arising  out of negligence in the use or operation of a motor vehicle in
 this state, there shall be no right of recovery for  non-economic  loss,
 except  in the case of a serious injury, or for basic economic loss. The
 owner, operator or occupant of a motorcycle  which  has  in  effect  the
 financial  security  required by article six or eight of the vehicle and
 traffic law, or which is referred to in subdivision two of section three
 hundred twenty-one of such law, shall not be subject to an action by  or
 on behalf of a covered person for recovery for non-economic loss, except
 in the case of a serious injury, or for basic economic loss.  NO LIABIL-
 ITY  FOR  NON-ECONOMIC LOSS SHALL BE FIXED UNLESS AND UNTIL THE TRIER OF
 FACT HAS DETERMINED THE EXISTENCE OF A SERIOUS INJURY. IN ANY ACTION  TO
 RECOVER  NON-ECONOMIC  LOSS  PURSUANT TO THIS ARTICLE, THE TRIER OF FACT
 SHALL NOT DETERMINE THE QUESTION OF WHETHER AN INJURY IS A SERIOUS INJU-
 RY UNTIL THE TRIER OF FACT HAS DETERMINED THE PARTY OR PARTIES AT FAULT.
   (D) NOTWITHSTANDING THE FOREGOING, AND OTHER THAN  IN  AN  ACTION  FOR
 DAMAGES  FOR INJURIES RESULTING IN DEATH, RECOVERY FOR NON-ECONOMIC LOSS
 SHALL BE LIMITED TO ONE HUNDRED THOUSAND DOLLARS IN THE CASE OF A  SERI-
 OUS  INJURY  IN ANY ACTION BY OR ON BEHALF OF A COVERED PERSON (1) USING
 OR OPERATING AN UNINSURED MOTOR VEHICLE, (2) USING OR OPERATING A  MOTOR
 VEHICLE  WHILE  IMPAIRED  AT  THE  TIME OF THE ACCIDENT AND CONVICTED OF
 SUCH, OR (3) USING OR OPERATING A MOTOR VEHICLE IN THE COMMISSION  OF  A
 FELONY,  OR  IMMEDIATE FLIGHT THEREFROM, AT THE TIME OF THE ACCIDENT AND
 HAS BEEN CONVICTED OF SUCH FELONY.
   § 3. Section 1411 of the civil practice law and  rules,  as  added  by
 chapter 69 of the laws of 1975, is amended to read as follows:
   § 1411. Damages recoverable when contributory negligence or assumption
 of risk is established. [In] (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF
 THIS  SECTION,  IN  any  action  to recover damages for personal injury,
 injury to property, or wrongful death, the culpable conduct attributable
 to the claimant or to the decedent, including contributory negligence or
 assumption of risk, shall not bar recovery[, but  the].  THE  amount  of
 damages  otherwise  recoverable  shall  be  diminished in the proportion
 which the culpable conduct attributable  to  the  claimant  or  decedent
 bears to the culpable conduct which caused the damages.
   (B)  IN  ANY  ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY SUBJECT TO
 ARTICLE FIFTY-ONE OF THE INSURANCE LAW, THE CULPABLE  CONDUCT  ATTRIBUT-
 ABLE  TO THE CLAIMANT SHALL BAR RECOVERY IF THE CULPABLE CONDUCT ATTRIB-
 UTABLE TO THE CLAIMANT IS GREATER  THAN  THE  CULPABLE  CONDUCT  OF  THE
 PERSON  AGAINST  WHOM RECOVERY IS SOUGHT OR IS GREATER THAN THE COMBINED
 CULPABLE CONDUCT OF THE PERSONS AGAINST WHOM RECOVERY IS SOUGHT.
   § 4. Subdivision 6 of section 1602 of the civil practice law and rules
 is REPEALED.
 S. 9008                            79                           A. 10008
 
   § 5. This act shall take effect immediately and shall be applicable to
 all actions and proceedings commenced on or after such date.
 
                                  PART FF

   Section  1.  Subsection  (a)  of  section 405 of the insurance law, as
 amended by section 7 of part A of chapter 62 of the  laws  of  2011,  is
 amended to read as follows:
   (a)  Any  person  licensed or registered pursuant to the provisions of
 this chapter, and any person engaged in the  business  of  insurance  or
 life  settlement  in this state who is exempted from compliance with the
 licensing requirements of this chapter, including  the  state  insurance
 fund  of  this state, who has reason to believe that an insurance trans-
 action or life settlement act may be fraudulent, or has knowledge that a
 fraudulent insurance transaction or fraudulent life  settlement  act  is
 about  to  take  place,  or has taken place shall, within [thirty] SIXTY
 days after determination by such person that the transaction appears  to
 be  fraudulent,  send  to the superintendent on a form prescribed by the
 superintendent, the information requested by the  form  and  such  addi-
 tional  information  relative to the factual circumstances of the trans-
 action and the parties involved as the superintendent may  require.  The
 superintendent  shall  accept  reports of suspected fraudulent insurance
 transactions or fraudulent life settlement acts from any  self  insurer,
 including  but  not  limited to self insurers providing health insurance
 coverage or those defined in section fifty of the workers'  compensation
 law, and shall treat such reports as any other received pursuant to this
 section.
   § 2. Subsection (a) of section 5106 of the insurance law is amended to
 read as follows:
   (a)  Payments of first party benefits and additional first party bene-
 fits shall be made as the loss is incurred.  Such benefits  are  overdue
 if  not paid within thirty days after the claimant supplies proof of the
 fact and amount of loss sustained. If proof is not supplied  as  to  the
 entire  claim,  the amount which is supported by proof is overdue if not
 paid within thirty days after such proof is supplied. THE FAILURE OF  AN
 INSURER  TO  MAKE  TIMELY  PAYMENT  OR ISSUE A DENIAL WITHIN THIRTY DAYS
 AFTER PROOF OF CLAIM  HAS  BEEN  SUBMITTED  TO  THE  INSURER  SHALL  NOT
 PRECLUDE  THE INSURER FROM ISSUING A DENIAL OR ASSERTING A DEFENSE AFTER
 THE THIRTY-DAY PERIOD HAS  ELAPSED.  All  overdue  payments  shall  bear
 interest  at  the  rate  of  two  percent per month. If a valid claim or
 portion was overdue, the claimant shall  also  be  entitled  to  recover
 [his] THE CLAIMANT'S attorney's reasonable fee, for services necessarily
 performed  in  connection  with  securing  payment of the overdue claim,
 subject to limitations promulgated by the superintendent in regulations.
   § 3. This act shall take effect  immediately  and  the  amendments  to
 subsection  (a) of section 5106 of the insurance law made by section two
 of this act shall apply to claims submitted to an insurer  on  or  after
 such effective date.
 
                                  PART GG
 
   Section 1. The insurance law is amended by adding a new section 346 to
 read as follows:
   §  346.  ANNUAL  REPORT  ON  INSURANCE  FOR MULTI-FAMILY BUILDINGS. AN
 AUTHORIZED INSURER THAT ISSUES OR DELIVERS IN THIS STATE A  POLICY  THAT
 INSURES  LOSS OF OR DAMAGE TO REAL PROPERTY USED PREDOMINANTLY FOR RESI-
 S. 9008                            80                           A. 10008
 
 DENTIAL PURPOSES AND THAT CONSISTS OF TWO OR MORE DWELLING UNITS,  OTHER
 THAN  HOTELS  AND MOTELS, SHALL FILE A REPORT WITH THE SUPERINTENDENT BY
 MARCH FIRST OF EACH YEAR, IN A FORM PRESCRIBED  BY  THE  SUPERINTENDENT,
 THAT  INCLUDES  INFORMATION  ON SUCH POLICIES FOR THE PRECEDING CALENDAR
 YEAR, INCLUDING PREMIUMS COLLECTED, CLAIMS PAID, AND SUCH OTHER INFORMA-
 TION AS THE SUPERINTENDENT SHALL DEEM NECESSARY,  IN  CONSULTATION  WITH
 THE  COMMISSIONER  OF  HOUSING AND COMMUNITY RENEWAL. THE SUPERINTENDENT
 SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE THE REPORTS REQUIRED  BY  THIS
 SECTION.
   § 2. This act shall take effect immediately.

                                  PART HH
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to pre-authorization, access to specialty care, and formulary lists.
 Each component is  wholly  contained  within  a  Subpart  identified  as
 Subparts  A through D.  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 two of this Part
 sets forth the general effective date of this Part.
 
                                 SUBPART A

   Section 1. Section 210 of the insurance law, as amended by chapter 579
 of the laws of 1998, subsection (d) as amended by  chapter  207  of  the
 laws of 2019, is amended to read as follows:
   §  210.  Annual consumer guide of health insurers, and entities certi-
 fied pursuant to article forty-four of the public health law.
   (a) The superintendent shall annually publish on or  before  September
 first, nineteen hundred ninety-nine, and annually thereafter, a consumer
 guide  to  insurers providing managed care products, individual accident
 and health insurance or group or blanket accident and  health  insurance
 and  entities  licensed  pursuant  to  article  forty-four of the public
 health law providing comprehensive health service plans which  includes,
 in  detail, a ranking from best to worst based upon each company's claim
 processing or medical payments record during the preceding calendar year
 using criteria available to  the  department,  adjusted  for  volume  of
 coverage  provided.  Such ranking shall also take into consideration the
 corresponding total number or percentage of  claims  denied  which  were
 reversed  or  compromised  after  intervention by the department and the
 department of health, consumer complaints  to  the  department  and  the
 department  of  health, violations of section three thousand two hundred
 twenty-four-a of this chapter  and  other  pertinent  data  which  would
 permit  the department to objectively determine a company's performance.
 The department in publishing  such  consumer  guide  shall  publish  one
 state-wide  guide  or no more than five regional guides so as to facili-
 tate comparisons among individual insurers and entities within a service
 market area. Such rankings shall be printed in a format which ranks  all
 health  insurers  and  all entities certified pursuant to article forty-
 four of the public health law in one combined list.
   (b) [Beginning September first, nineteen hundred ninety-nine and annu-
 ally thereafter, the] THE superintendent shall  include  in  such  guide
 S. 9008                            81                           A. 10008
 
 ANNUALLY,  and  insurers  and  entities  certified  pursuant  to article
 forty-four of the public health law shall provide to the  superintendent
 the information required for such guide in a timely fashion, the follow-
 ing information:
   (1)  The  number  of  grievances  filed pursuant to section forty-four
 hundred eight-a of the public health law,  SECTION  THREE  THOUSAND  TWO
 HUNDRED SEVENTEEN-D OF THIS CHAPTER, SECTION FOUR THOUSAND THREE HUNDRED
 SIX-C  OF  THIS  CHAPTER, or article forty-eight of this chapter and the
 number of such grievances in  which  an  adverse  determination  of  the
 insurer  or entity was reversed in whole or in part versus the number of
 such determinations which were upheld; [and]
   (2) BEGINNING SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN,  THE  NUMBER
 OF  APPROVALS  AND THE NUMBER OF ADVERSE DETERMINATIONS IN WHOLE OR PART
 ISSUED BY UTILIZATION  REVIEW  AGENTS  PURSUANT  TO  SECTION  FORTY-NINE
 HUNDRED  THREE  OF  THE  PUBLIC HEALTH LAW OR SECTION FOUR THOUSAND NINE
 HUNDRED THREE OF THIS CHAPTER; AND
   (3) The number of appeals to utilization review determinations [which]
 THAT were filed pursuant to [article forty-nine of the public health law
 or article forty-nine] SECTION FORTY-NINE HUNDRED  FOUR  OF  THE  PUBLIC
 HEALTH  LAW  AND SECTION FOUR THOUSAND NINE HUNDRED FOUR of this chapter
 and the number of such determinations  [which]  THAT  were  reversed  IN
 WHOLE  OR  IN PART versus the number of such determinations [which] THAT
 were upheld.
   (c) Beginning September first, nineteen hundred ninety-nine and  annu-
 ally  thereafter, in addition to the information required in subsections
 (a) and (b) of this section, the superintendent, in conjunction with the
 commissioner of health, in consultation with the National  Committee  on
 Quality  Assurance  or a similar national organization, shall include in
 such guide the following additional information,  for  the  most  recent
 year  in  which  such information is available and where applicable, for
 health insurers, health insurers providing  managed  care  products  and
 entities  certified  under  article  forty-four of the public health law
 providing comprehensive health service plans pursuant to such article:
   (1) the percentage of physicians who are  either  board  certified  or
 board eligible;
   (2) the percentage of primary care physicians who remained participat-
 ing  providers,  provided  however,  that  such percentage shall exclude
 voluntary terminations due to physician retirement, relocation or  other
 similar reasons;
   (3)  the  percentage of enrollees aged twenty-three to thirty-nine and
 forty to sixty-four who had one or more visits to a health plan  practi-
 tioner during the three years of their continual enrollment.
   (4)  the  methods used to compensate primary care physicians and other
 providers, provided however, that  nothing  in  this  section  shall  be
 construed to require disclosure of the specific details of any financial
 arrangement  between the insurer or entity and an individual provider or
 practice;
   (5) the national accreditation status of insurers and entities,  where
 applicable;
   (6)  indices  of  the  quality  of care provided, such as the rates of
 mammography, prostate, and cervical  cancer  screening,  prenatal  care,
 well-child  care,  immunization  and such other information collected by
 the commissioner of health through the health  plan  employer  data  and
 information  set  (HEDIS);  or  through  the quality assurance reporting
 requirements for entities not otherwise required to collect  and  report
 health plan employer data and information set (HEDIS) data;
 S. 9008                            82                           A. 10008
 
   (7)  the  results of a consumer satisfaction survey among enrollees of
 the various health insurers and entities, which shall  be  conducted  by
 the  superintendent and commissioner of health, in consultation with the
 National Committee on Quality Assurance or a similar national  organiza-
 tion;
   (8) a toll-free telephone number for each health insurer or plan;
   (9)  toll-free  telephone numbers at the department and the department
 of health to which consumers can make complaints about insurers or enti-
 ties; and
   (10) except as required in paragraph seven of this subsection,  health
 insurers  and  entities  certified pursuant to article forty-four of the
 public health law shall  report  the  information  required  under  this
 subdivision  to  the  commissioner of health, and the commissioner shall
 provide such information to the  superintendent  for  inclusion  in  the
 annual consumer guide.
   (d)  BEGINNING SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN AND ANNUALLY
 THEREAFTER, IN ADDITION TO THE INFORMATION REQUIRED IN SUBSECTIONS  (A),
 (B),  AND  (C) OF THIS SECTION, THE SUPERINTENDENT SHALL INCLUDE IN SUCH
 GUIDE, AND INSURERS AND ENTITIES CERTIFIED PURSUANT  TO  ARTICLE  FORTY-
 FOUR  OF THE PUBLIC HEALTH LAW SHALL PROVIDE TO THE SUPERINTENDENT, IN A
 FORM  AND  MANNER  SPECIFIED  BY  THE  SUPERINTENDENT,  THE  INFORMATION
 REQUIRED  FOR  SUCH GUIDE IN A TIMELY FASHION, THE FOLLOWING INFORMATION
 REGARDING PRE-AUTHORIZATION REQUESTS UNDER  ARTICLE  FORTY-NINE  OF  THE
 PUBLIC HEALTH LAW OR ARTICLE FORTY-NINE OF THIS CHAPTER:
   (1)  THE  NUMBER  OF PRE-AUTHORIZATION REQUESTS RECEIVED UNDER SECTION
 FORTY-NINE HUNDRED THREE OF THE PUBLIC HEALTH LAW AND SECTION FOUR THOU-
 SAND NINE HUNDRED THREE OF THIS CHAPTER;
   (2) THE NUMBER OF PRE-AUTHORIZATION REQUESTS  FOR  WHICH  AN  AUTHORI-
 ZATION  WAS  ISSUED UNDER SECTION FORTY-NINE HUNDRED THREE OF THE PUBLIC
 HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
   (3) THE NUMBER OF PRE-AUTHORIZATION  REQUESTS  FOR  WHICH  AN  ADVERSE
 DETERMINATION  WAS  ISSUED  IN  WHOLE  OR  PART UNDER SECTION FORTY-NINE
 HUNDRED THREE OF THE PUBLIC HEALTH LAW AND SECTION  FOUR  THOUSAND  NINE
 HUNDRED THREE OF THIS CHAPTER;
   (4)  THE  NUMBER  OF  PRE-AUTHORIZATION  REQUESTS FOR WHICH AN ADVERSE
 DETERMINATION WAS APPEALED UNDER SECTION FORTY-NINE HUNDRED FOUR OF  THE
 PUBLIC  HEALTH  LAW  AND SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS
 CHAPTER;
   (5) THE NUMBER OF PRE-AUTHORIZATION  REQUESTS  FOR  WHICH  AN  ADVERSE
 DETERMINATION  WAS  REVERSED  ON  APPEAL  IN WHOLE OR PART UNDER SECTION
 FORTY-NINE HUNDRED FOUR OF THE PUBLIC HEALTH LAW AND SECTION FOUR  THOU-
 SAND NINE HUNDRED FOUR OF THIS CHAPTER;
   (6)  THE  NUMBER  OF  PRE-AUTHORIZATION  REQUESTS FOR WHICH AN ADVERSE
 DETERMINATION WAS UPHELD UNDER SECTION FORTY-NINE HUNDRED  FOUR  OF  THE
 PUBLIC  HEALTH  LAW  AND SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS
 CHAPTER;
   (7) THE TWENTY-FIVE CURRENT  PROCEDURAL  TERMINOLOGY  CODES  WITH  THE
 HIGHEST  NUMBER  OF  PRE-AUTHORIZATION  REQUESTS  AND  THE PERCENTAGE OF
 AUTHORIZATIONS FOR EACH OF THESE CURRENT  PROCEDURAL  TERMINOLOGY  CODES
 UNDER  SECTION  FORTY-NINE  HUNDRED  THREE  OF THE PUBLIC HEALTH LAW AND
 SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
   (8) THE TWENTY-FIVE CURRENT  PROCEDURAL  TERMINOLOGY  CODES  WITH  THE
 HIGHEST  NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN AUTHORIZATION
 WAS ISSUED UNDER SECTION FORTY-NINE HUNDRED THREE OF THE  PUBLIC  HEALTH
 LAW AND SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
 S. 9008                            83                           A. 10008
 
   (9)  THE  TWENTY-FIVE  CURRENT  PROCEDURAL  TERMINOLOGY CODES WITH THE
 HIGHEST NUMBER OF PRE-AUTHORIZATION REQUESTS  UNDER  SECTION  FORTY-NINE
 HUNDRED  THREE  OF  THE PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE
 HUNDRED THREE OF THIS CHAPTER FOR WHICH  AN  ADVERSE  DETERMINATION  WAS
 ISSUED  IN WHOLE OR PART BUT THAT WAS REVERSED BY AN APPEAL, IN WHOLE OR
 PART, UNDER SECTION FORTY-NINE HUNDRED FOUR OF THE PUBLIC HEALTH LAW AND
 SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER; AND
   (10) THE TWENTY-FIVE CURRENT PROCEDURAL  TERMINOLOGY  CODES  WITH  THE
 HIGHEST NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN ADVERSE DETER-
 MINATION  WAS  ISSUED  IN WHOLE OR PART UNDER SECTION FORTY-NINE HUNDRED
 THREE OF THE PUBLIC HEALTH LAW AND SECTION FOUR  THOUSAND  NINE  HUNDRED
 THREE OF THIS CHAPTER.
   (E)  Health insurers and entities certified pursuant to article forty-
 four of the public health law shall provide annually to the  superinten-
 dent  and  the  commissioner  of  health, and the commissioner of health
 shall provide to the superintendent BY MARCH FIRST OF EACH YEAR, all  of
 the  information  necessary for the superintendent to produce the annual
 consumer guide.  In compiling the guide, the superintendent  shall  make
 every  effort  to  ensure  that the information is presented in a clear,
 understandable fashion [which] THAT facilitates comparisons among  indi-
 vidual  insurers and entities, and in a format [which] THAT lends itself
 to the widest possible distribution  to  consumers.  The  superintendent
 shall  either  include the information from the annual consumer guide in
 the consumer shopping guide required by subsection (a) of  section  four
 thousand  three  hundred twenty-three of this chapter or combine the two
 guides as long as consumers in the individual market are  provided  with
 the  information  required  by  subsection  (a) of section four thousand
 three hundred twenty-three of this chapter.
   [(e)] (F) The superintendent shall contract with a national  organiza-
 tion for the purposes of drafting and designing the guide, including the
 preparation  of  relevant  explanatory material. Such organization shall
 have actual experience in preparing a similar guide  for  at  least  one
 other  state.  The superintendent, in consultation with the commissioner
 of health, may also contract with one or more national organizations  to
 assist  such commissioner in the collection of data and the analysis and
 auditing of the clinical measurers.  Such  organizations  shall  consult
 periodically  with  associations representing health insurers and health
 maintenance organizations as well as with  consumer  representatives  in
 New York in preparing the consumer guide.
   § 2.  This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1.  Subsection  (f)  of section 4804 of the insurance law, as
 added by chapter 705 of the laws of 1996, is amended to read as follows:
   (f) If a new insured whose health care provider is not a member of the
 insurer's in-network benefits portion of the provider network enrolls in
 the managed care product,  the  insurer  shall  permit  the  insured  to
 continue  an  ongoing  course  of  treatment  with the insured's current
 health care provider during a transitional period of up to [sixty] NINE-
 TY days from the effective date of enrollment[, if (1) the insured has a
 life-threatening disease or condition or a  degenerative  and  disabling
 disease  or  condition  or  (2)]. IF the insured [has entered the second
 trimester of pregnancy] IS PREGNANT at the time of enrollment, [in which
 case] the transitional period shall include the provision of  [post-par-
 tum] CARE FOR THE DURATION OF THE PREGNANCY AND POSTPARTUM care directly
 S. 9008                            84                           A. 10008
 
 related  to  the  delivery.  If an insured elects to continue to receive
 care from such health care provider pursuant  to  this  paragraph,  such
 care shall be authorized by the insurer for the transitional period only
 if the health care provider agrees: (A) to accept reimbursement from the
 insurer  at  rates  established by the insurer as payment in full, which
 rates shall be no more than the level  of  reimbursement  applicable  to
 similar  providers  within the in-network benefits portion of the insur-
 er's network for such services; (B) to adhere to the  insurer's  quality
 assurance  requirements  and  agrees to provide to the insurer necessary
 medical information related to such care; and (C) to otherwise adhere to
 the insurer's policies and procedures including,  but  not  limited  to,
 procedures  regarding  referrals  and  obtaining pre-authorization and a
 treatment  plan  approved  by  the  insurer.  In  no  event  shall  this
 subsection  be  construed  to require an insurer to provide coverage for
 benefits not otherwise covered or to  diminish  or  impair  pre-existing
 condition limitations contained within the insured's contract.
   §  2.  Paragraph  (f)  of  subdivision 6 of section 4403 of the public
 health law, as added by chapter 705 of the laws of 1996, is  amended  to
 read as follows:
   (f)  If  a  new enrollee whose health care provider is not a member of
 the health maintenance organization's provider network  enrolls  in  the
 health  maintenance  organization,  the  organization  shall  permit the
 enrollee to continue an ongoing course of treatment with the  enrollee's
 current  health  care  provider  during  a  transitional period of up to
 [sixty] NINETY days from the effective date of enrollment[, if  (i)  the
 enrollee  has  a life-threatening disease or condition or a degenerative
 and disabling disease or  condition  or  (ii)].  IF  the  enrollee  [has
 entered  the second trimester of pregnancy] IS PREGNANT at the effective
 date of enrollment,  [in  which  case]  the  transitional  period  shall
 include  the  provision  of  [post-partum]  CARE FOR THE DURATION OF THE
 PREGNANCY AND POSTPARTUM care directly related to the  delivery.  If  an
 enrollee  elects  to  continue  to  receive  care  from such health care
 provider pursuant to this paragraph, such care shall  be  authorized  by
 the  health maintenance organization for the transitional period only if
 the health care provider agrees: (A) to accept  reimbursement  from  the
 health maintenance organization at rates established by the health main-
 tenance  organization  as  payment in full, which rates shall be no more
 than the level of reimbursement applicable to similar  providers  within
 the  health maintenance organization's network for such services; (B) to
 adhere to the organization's quality assurance requirements  and  agrees
 to  provide to the organization necessary medical information related to
 such care; and (C) to otherwise adhere to  the  organization's  policies
 and  procedures  including,  but  not  limited  to, procedures regarding
 referrals and obtaining pre-authorization and a treatment plan  approved
 by  the  organization.  In no event shall this paragraph be construed to
 require a health maintenance organization to provide coverage for  bene-
 fits  not otherwise covered or to diminish or impair pre-existing condi-
 tion limitations contained within the subscriber's contract.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 policies issued, renewed, modified, or amended on or after such date.
 
                                 SUBPART C
 S. 9008                            85                           A. 10008
 
   Section 1. Subsection (a) of section 3242 of  the  insurance  law,  as
 added  by  section 1 of subpart C of part J of chapter 57 of the laws of
 2019, is amended to read as follows:
   (a) Every insurer that delivers or issues for delivery in this state a
 policy that provides coverage for prescription drugs shall, with respect
 to  the prescription drug coverage, publish an up-to-date, accurate, and
 complete list of all covered prescription drugs on  its  formulary  drug
 list,  including  any  tiering  structure  that  it  has adopted and any
 restrictions on the manner in which a prescription drug may be obtained,
 in a manner that is easily accessible  to  insureds  [and],  prospective
 insureds,  HEALTH  CARE  PROVIDERS,  AND OTHER INTERESTED PARTIES.   The
 formulary drug list shall clearly identify the  preventive  prescription
 drugs  that  are  available  without  annual deductibles or coinsurance,
 including co-payments.  A FORMULARY DRUG LIST SHALL ONLY  BE  CONSIDERED
 EASILY ACCESSIBLE IF:
   (1) IT CAN BE VIEWED ON THE INSURER'S PUBLIC WEBSITE WITHOUT REQUIRING
 AN  INDIVIDUAL  TO CREATE OR ACCESS AN ACCOUNT OR ENTER A PASSWORD OR TO
 BE COVERED UNDER AN INSURANCE POLICY ISSUED BY THE INSURER; AND
   (2) AN INDIVIDUAL CAN EASILY DISCERN WHICH FORMULARY DRUG LIST APPLIES
 TO WHICH PLAN, IF AN INSURER OFFERS MORE THAN ONE PLAN.
   § 2. Subsection (a) of section 4329 of the insurance law, as added  by
 section  2 of subpart C of part J of chapter 57 of the laws of 2019,  is
 amended to read as follows:
   (a) Every corporation subject to the provisions of this  article  that
 issues  a  contract that provides coverage for prescription drugs shall,
 with respect to the prescription drug coverage, publish  an  up-to-date,
 accurate,  and  complete  list  of all covered prescription drugs on its
 formulary drug list, including any tiering structure that it has adopted
 and any restrictions on the manner in which a prescription drug  may  be
 obtained,  in  a  manner  that  is  easily accessible to insureds [and],
 prospective  insureds,  HEALTH  CARE  PROVIDERS,  AND  OTHER  INTERESTED
 PARTIES.   The formulary drug list shall clearly identify the preventive
 prescription drugs that are  available  without  annual  deductibles  or
 coinsurance, including co-payments.  A FORMULARY DRUG LIST SHALL ONLY BE
 CONSIDERED EASILY ACCESSIBLE IF:
   (1)  IT  CAN  BE  VIEWED  ON  THE CORPORATION'S PUBLIC WEBSITE WITHOUT
 REQUIRING AN INDIVIDUAL TO CREATE OR ACCESS AN ACCOUNT OR ENTER A  PASS-
 WORD  OR  TO  BE  COVERED UNDER AN INSURANCE POLICY ISSUED BY THE CORPO-
 RATION; AND
   (2) AN INDIVIDUAL CAN EASILY DISCERN WHICH FORMULARY DRUG LIST APPLIES
 TO WHICH PLAN, IF A CORPORATION OFFERS MORE THAN ONE PLAN.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 policies issued, renewed, modified or amended on or after such date.
 
                                 SUBPART D
 
   Section 1. Subsection (b-3) of section 4900 of the  insurance  law  is
 relettered  subsection (b-4) and a new subsection (b-3) is added to read
 as follows:
   (B-3) "CHRONIC HEALTH CONDITION" MEANS A CONDITION THAT IS EXPECTED TO
 LAST FOR AT LEAST ONE YEAR AND REQUIRES ONGOING TREATMENT TO EFFECTIVELY
 MANAGE THE CONDITION OR PREVENT AN ADVERSE HEALTH EVENT.
   § 2. Subsection (f) of section 4905 of the insurance law, as added  by
 chapter 705 of the laws of 1996,  is amended read as follows:
 S. 9008                            86                           A. 10008
 
   (f)  Utilization review shall not be conducted more frequently than is
 reasonably required to assess whether the  health  care  services  under
 review  are  medically  necessary  PROVIDED,  HOWEVER,  THAT UTILIZATION
 REVIEW SHALL NOT BE CONDUCTED MORE THAN ONCE PER YEAR FOR  A  COURSE  OF
 TREATMENT  FOR  A  CHRONIC  HEALTH CONDITION STARTING FROM THE DATE OF A
 PRE-AUTHORIZATION APPROVAL FOR THE COURSE OF TREATMENT.
   § 3. Subdivision 2-c of section 4900  of  the  public  health  law  is
 renumbered subdivision 2-d and a new subdivision 2-c is added to read as
 follows:
   (2-C) "CHRONIC HEALTH CONDITION" MEANS A CONDITION THAT IS EXPECTED TO
 LAST FOR AT LEAST ONE YEAR AND REQUIRES ONGOING TREATMENT TO EFFECTIVELY
 MANAGE THE CONDITION OR PREVENT AN ADVERSE HEALTH EVENT.
   §  4. Subdivision 6 of section 4905 of the public health law, as added
 by chapter 705 of the laws of 1996,  is amended to read as follows:
   6. Utilization review shall not be conducted more frequently  than  is
 reasonably  required  to  assess  whether the health care services under
 review are  medically  necessary  PROVIDED,  HOWEVER,  THAT  UTILIZATION
 REVIEW  SHALL  NOT  BE CONDUCTED MORE THAN ONCE PER YEAR FOR A COURSE OF
 TREATMENT FOR A CHRONIC HEALTH CONDITION STARTING FROM  THE  DATE  OF  A
 PRE-AUTHORIZATION APPROVAL FOR THE COURSE OF TREATMENT.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 policies issued, renewed, modified, or amended 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
 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 Subparts A through D of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART II
 
   Section 1. Section 2336 of the insurance law is amended  by  adding  a
 new subsection (i) to read as follows:
   (I)  (1)  ANY  SCHEDULE  OR  RATING  PLAN  FOR MOTOR VEHICLE INSURANCE
 SUBMITTED TO THE SUPERINTENDENT SHALL PROVIDE FOR AN ACTUARIALLY  APPRO-
 PRIATE REDUCTION IN PREMIUM CHARGES FOR BODILY INJURY LIABILITY, PROPER-
 TY  DAMAGE  LIABILITY, PERSONAL INJURY PROTECTION, MEDICAL PAYMENTS, AND
 COLLISION COVERAGE WITH RESPECT TO A MOTOR VEHICLE EQUIPPED WITH A DASH-
 BOARD CAMERA. A  "DASHBOARD  CAMERA"  MEANS  A  DASHBOARD-MOUNTED  VIDEO
 RECORDING  DEVICE  CAPABLE  OF  CONTINUOUS LOOP RECORDING WITH A MINIMUM
 RESOLUTION OF 1080P, DESIGNED TO CAPTURE FOOTAGE OF THE  ROAD  AHEAD  OF
 THE MOTOR VEHICLE.
   (2)  TO  QUALIFY  FOR  THE DISCOUNT, AN INSURER SHALL REQUIRE THAT THE
 POLICYHOLDER SUBMIT PROOF OF INSTALLATION AND OPERATION OF THE DASHBOARD
 CAMERA. A POLICYHOLDER'S FAILURE TO MAINTAIN  AN  OPERATIONAL  DASHBOARD
 CAMERA SHALL RESULT IN THE FORFEITURE OF THE DISCOUNT AT THE NEXT POLICY
 RENEWAL,  UNLESS  THE  INSURER  REINSTATES  THE  DISCOUNT  UPON PROOF OF
 COMPLIANCE.
 S. 9008                            87                           A. 10008

   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
                                  PART JJ
 
   Section 1. The banking law is amended by adding a new article 14-AA to
 read as follows:
                              ARTICLE XIV-AA
                 STUDENT LOAN PROTECTIONS AND DISCLOSURES
 SECTION 726. DEFINITIONS.
         727. COSIGNER RELEASE.
         728. REQUIRED COMMUNICATIONS FROM PRIVATE STUDENT LENDERS.
         729. DOCUMENTS AND RECORDS.
         730. OTHER REQUIREMENTS APPLICABLE TO COSIGNERS.
         731. REQUIRED DISCLOSURES.
         732. ENFORCEMENT AND PENALTIES.
         733. RULES AND REGULATIONS.
         734. SEVERABILITY.
   §  726.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BORROWER" HAS THE SAME MEANING  AS  SET  FORTH  IN  SECTION  SEVEN
 HUNDRED TEN OF THIS CHAPTER; PROVIDED, HOWEVER, FOR PURPOSES OF SECTIONS
 SEVEN  HUNDRED  TWENTY-SEVEN,  SEVEN  HUNDRED  TWENTY-EIGHT,  AND  SEVEN
 HUNDRED TWENTY-NINE OF THIS ARTICLE, THE TERM "BORROWER" SHALL EXCLUDE A
 COSIGNER.
   2. "COSIGNER" MEANS AN INDIVIDUAL WHO IS LIABLE  FOR  THE  LOAN  OBLI-
 GATION OF ANOTHER, REGARDLESS OF HOW THE INDIVIDUAL IS DESIGNATED IN THE
 LOAN  CONTRACT  OR INSTRUMENT WITH RESPECT TO THAT OBLIGATION, INCLUDING
 AN OBLIGATION UNDER A PRIVATE STUDENT LOAN  EXTENDED  TO  CONSOLIDATE  A
 BORROWER'S  PREEXISTING  PRIVATE  STUDENT  LOAN.  "COSIGNER" INCLUDES AN
 INDIVIDUAL WHOSE SIGNATURE IS REQUESTED AS A CONDITION TO  GRANT  CREDIT
 OR  FORBEAR  A  COLLECTION.  "COSIGNER"  DOES  NOT INCLUDE A SPOUSE OF A
 BORROWER OR COSIGNER WHOSE SIGNATURE IS NEEDED  SOLELY  TO  PERFECT  THE
 SECURITY INTEREST IN THE LOAN.
   3. "COSIGNER RELEASE" MEANS THE ACT OF RELEASING A COSIGNER FROM THEIR
 OBLIGATIONS RELATING TO A STUDENT LOAN.
   4.  "EXEMPT ORGANIZATION" HAS THE SAME MEANING AS SET FORTH IN SECTION
 SEVEN HUNDRED TEN OF THIS CHAPTER.
   5. "FEDERAL STUDENT LOAN" MEANS A STUDENT LOAN MADE, INSURED, OR GUAR-
 ANTEED UNDER TITLE IV OF THE HIGHER EDUCATION ACT OF 1965 (20 U.S.C.  §§
 1070 ET SEQ.).
   6.  "PRIVATE  STUDENT LENDER" MEANS ANY PERSON OR ENTITY, INCLUDING AN
 EDUCATIONAL INSTITUTION, THAT IS NOT AN EXEMPT ORGANIZATION AND IS:
   (A) ENGAGED IN THE BUSINESS OF MAKING  OR  ACQUIRING  PRIVATE  STUDENT
 LOANS; OR
   (B) AN ADMINISTRATIVE OR COLLATERAL AGENT OF A PRIVATE STUDENT LENDER,
 INCLUDING A STUDENT LOAN SERVICER.
   7.  "PRIVATE  STUDENT  LOAN"  MEANS  A  STUDENT LOAN THAT IS NOT MADE,
 INSURED, OR GUARANTEED UNDER TITLE IV OF THE  HIGHER  EDUCATION  ACT  OF
 1965 (20 U.S.C. §§ 1070 ET SEQ.).
   8.  "STUDENT  LOAN" HAS THE SAME MEANING AS SET FORTH IN SECTION SEVEN
 HUNDRED TEN OF THIS CHAPTER.
 S. 9008                            88                           A. 10008
 
   9. "STUDENT LOAN SERVICER" HAS  THE  SAME  MEANING  AS  SET  FORTH  IN
 SECTION SEVEN HUNDRED TEN OF THIS CHAPTER.
   § 727. COSIGNER RELEASE. 1. (A) A PRIVATE STUDENT LENDER THAT MAKES OR
 ACQUIRES  ANY  PRIVATE  STUDENT  LOANS  WITH  A COSIGNER SHALL DISCLOSE,
 CLEARLY AND CONSPICUOUSLY IN WRITING, IN A FORM THAT  THE  CONSUMER  MAY
 KEEP, THE SPECIFIC AND REASONABLE CRITERIA FOR COSIGNER RELEASE.
   (B)  THE PRIVATE STUDENT LENDER SHALL PROVIDE THE DISCLOSURES REQUIRED
 BY THIS SECTION PRIOR TO EXECUTION OF THE PRIVATE STUDENT LOAN AGREEMENT
 BY THE BORROWER AND SHALL PROVIDE THEM TOGETHER WITH ANY  OTHER  DISCLO-
 SURES.
   (C)  THE  DISCLOSURES  REQUIRED BY THIS SECTION MAY BE PROVIDED TO THE
 CONSUMER IN ELECTRONIC FORM.
   2. (A) FOR ANY PRIVATE STUDENT LOAN MADE AFTER THE EFFECTIVE  DATE  OF
 THIS  SECTION,  A PRIVATE STUDENT LENDER SHALL NOT REQUIRE PROOF OF MORE
 THAN TWENTY-FOUR CONSECUTIVE, ON-TIME PAYMENTS AS PART OF  THE  CRITERIA
 FOR COSIGNER RELEASE.
   (B)  A  BORROWER  WHO HAS PAID THE EQUIVALENT OF TWENTY-FOUR MONTHS OF
 PRINCIPAL AND INTEREST PAYMENTS WITHIN ANY TWENTY-FOUR-MONTH  PERIOD  IS
 DEEMED  TO  HAVE  SATISFIED THE CONSECUTIVE, ON-TIME PAYMENT REQUIREMENT
 EVEN IF THE BORROWER HAS NOT MADE PAYMENTS MONTHLY  DURING  THE  TWENTY-
 FOUR-MONTH PERIOD.
   3.  WITHIN THIRTY DAYS AFTER THE BORROWER HAS MET THE PAYMENT CRITERIA
 TO BE ELIGIBLE FOR COSIGNER RELEASE, THE PRIVATE  STUDENT  LENDER  SHALL
 SEND  THE  BORROWER AND COSIGNER A WRITTEN NOTIFICATION BY UNITED STATES
 MAIL THAT THEY HAVE MET THE PAYMENT REQUIREMENTS FOR  COSIGNER  RELEASE.
 FOR  A BORROWER OR COSIGNER WHO HAS ELECTED TO RECEIVE ELECTRONIC COMMU-
 NICATIONS FROM THE PRIVATE STUDENT LENDER, THE  PRIVATE  STUDENT  LENDER
 SHALL SEND SUCH NOTIFICATION IN ALL ELECTRONIC COMMUNICATION FORMATS FOR
 WHICH  THE  PRIVATE  STUDENT  LENDER  HAS  THE  BORROWER'S OR COSIGNER'S
 CONTACT INFORMATION. THE  NOTIFICATION  SHALL  DISCLOSE  ANY  ADDITIONAL
 REQUIREMENTS  FOR  THE  BORROWER  OR  COSIGNER  TO  QUALIFY FOR COSIGNER
 RELEASE AND THE PROCESS FOR MEETING THOSE REQUIREMENTS AND APPLYING  FOR
 COSIGNER RELEASE.
   4. A PRIVATE STUDENT LENDER SHALL PROVIDE WRITTEN NOTICE TO A BORROWER
 AND  COSIGNER WITHIN THIRTY DAYS AFTER RECEIPT OF AN INCOMPLETE APPLICA-
 TION FOR COSIGNER RELEASE FROM SUCH BORROWER OR COSIGNER THAT THE APPLI-
 CATION IS INCOMPLETE. SUCH WRITTEN NOTICE SHALL DESCRIBE THE INFORMATION
 NEEDED TO COMPLETE THE APPLICATION AND THE DATE BY WHICH  THE  APPLICANT
 MUST PROVIDE THE MISSING INFORMATION, WHICH SHALL BE A MINIMUM OF THIRTY
 DAYS AFTER SUCH NOTICE IS SENT TO THE BORROWER AND COSIGNER.
   5.  WITHIN THIRTY DAYS AFTER A BORROWER OR COSIGNER SUBMITS A COMPLETE
 APPLICATION FOR COSIGNER  RELEASE  TO  A  PRIVATE  STUDENT  LENDER,  THE
 PRIVATE  STUDENT  LENDER  SHALL SEND THE BORROWER AND COSIGNER A WRITTEN
 NOTICE OF EITHER THE APPROVAL OR DENIAL OF THE COSIGNER RELEASE APPLICA-
 TION.  A NOTICE OF A DENIAL OF AN APPLICATION ISSUED  PURSUANT  TO  THIS
 SUBDIVISION  SHALL  DESCRIBE  WITH SPECIFICITY THE REASON FOR THE DENIAL
 AND ANY ACTION THE BORROWER OR COSIGNER MUST TAKE TO OBTAIN APPROVAL.
   § 728. REQUIRED COMMUNICATIONS FROM PRIVATE STUDENT LENDERS. 1.  PRIOR
 TO ORIGINATING A PRIVATE STUDENT LOAN, A PRIVATE  STUDENT  LENDER  SHALL
 PROVIDE  TO  ALL  COSIGNER  APPLICANTS  INFORMATION ABOUT THE RIGHTS AND
 RESPONSIBILITIES OF THE COSIGNER OF THE LOAN, INCLUDING:
   (A) HOW THE PRIVATE STUDENT LENDER WILL FURNISH INFORMATION ABOUT  THE
 COSIGNER'S PRIVATE STUDENT LOAN OBLIGATION TO CREDIT REPORTING AGENCIES;
   (B)  HOW  THE  COSIGNER  WILL  BE NOTIFIED IF THE PRIVATE STUDENT LOAN
 BECOMES DELINQUENT AND HOW THE COSIGNER  CAN  CURE  THE  DELINQUENCY  TO
 S. 9008                            89                           A. 10008
 
 AVOID  NEGATIVE  CREDIT REPORTING AND LOSS OF COSIGNER RELEASE ELIGIBIL-
 ITY;
   (C) WHETHER THE PRIVATE STUDENT LENDER OFFERS COSIGNER RELEASE;
   (D)  ALL  CRITERIA  FOR  COSIGNER  RELEASE,  INCLUDING  THE  NUMBER OF
 PAYMENTS FOR THE PRIVATE STUDENT LENDER TO RELEASE THE COSIGNER FROM THE
 LOAN OBLIGATION; AND
   (E) THE PROCESS FOR APPLYING FOR COSIGNER RELEASE.
   2. PRIVATE STUDENT LENDERS SHALL SEND TO BORROWERS AND COSIGNERS ANNU-
 AL WRITTEN NOTICES CONTAINING ALL INFORMATION ABOUT COSIGNER RELEASE SET
 FORTH IN SUBDIVISION ONE OF THIS SECTION.
   3. PRIVATE STUDENT LENDERS SHALL SEND TO BORROWERS AND COSIGNERS WRIT-
 TEN NOTICES CONTAINING INFORMATION ABOUT COSIGNER RELEASE SET  FORTH  IN
 SUBDIVISION  ONE OF THIS SECTION, UPON REQUEST OF THE BORROWER OR COSIG-
 NER.
   § 729. DOCUMENTS AND RECORDS. 1. A PRIVATE STUDENT LENDER  SHALL  KEEP
 DOCUMENTS AND RECORDS FOR EACH PRIVATE STUDENT LOAN SUFFICIENT TO DEMON-
 STRATE  THE EXTENT TO WHICH THE BORROWER AND THE COSIGNER HAVE FULFILLED
 THE PRIVATE STUDENT LENDER'S CRITERIA FOR  COSIGNER  RELEASE,  INCLUDING
 ANY REQUIREMENT FOR MONTHLY PAYMENTS.
   2.  (A) A PRIVATE STUDENT LENDER SHALL MAKE AVAILABLE TO A COSIGNER OF
 A PRIVATE STUDENT LOAN ALL DOCUMENTS AND RECORDS RELATED TO THAT PRIVATE
 STUDENT LOAN THAT THE PRIVATE STUDENT LENDER HAS MADE AVAILABLE  TO  THE
 BORROWER.
   (B)  IF A PRIVATE STUDENT LENDER OFFERS ELECTRONIC ACCESS TO DOCUMENTS
 AND RECORDS TO A BORROWER OF A PRIVATE  STUDENT  LOAN,  IT  SHALL  OFFER
 EQUIVALENT  ELECTRONIC  ACCESS  TO  ANY COSIGNER OF THAT PRIVATE STUDENT
 LOAN.
   3. WITHIN FIFTEEN DAYS OF RECEIVING A REQUEST, WHETHER ORAL  OR  WRIT-
 TEN,  FROM  A BORROWER OR COSIGNER IN RELATION TO A PRIVATE STUDENT LOAN
 FOR REDACTION OF  THE  REQUESTING  OBLIGOR'S  CONTACT  INFORMATION  FROM
 COMMUNICATIONS  TO  ANY  OTHER OBLIGOR OF SUCH PRIVATE STUDENT LOAN, THE
 PRIVATE STUDENT LENDER SHALL SO REDACT THE CONTACT  INFORMATION  OF  THE
 REQUESTING OBLIGOR.
   § 730. OTHER REQUIREMENTS APPLICABLE TO COSIGNERS. 1. A STUDENT LENDER
 SHALL  NOT  IMPOSE  ANY RESTRICTION ON ANY BORROWER OR COSIGNER THAT MAY
 PERMANENTLY PRECLUDE COSIGNER  RELEASE,  INCLUDING  BY  RESTRICTING  THE
 NUMBER OF TIMES A BORROWER OR COSIGNER MAY APPLY FOR COSIGNER RELEASE.
   2.  IF  A BORROWER OR COSIGNER MAKES ANY REQUEST FOR ACTION THAT WOULD
 NEGATIVELY AFFECT ELIGIBILITY FOR COSIGNER RELEASE, THE PRIVATE  STUDENT
 LENDER  SHALL  SO NOTIFY THE BORROWER AND COSIGNER IN WRITING WITHIN TEN
 DAYS AND GRANT THE BORROWER OR COSIGNER NO  LESS  THAN  THIRTY  DAYS  TO
 RESCIND, WITHDRAW, OR CANCEL THE REQUEST.
   §  731. REQUIRED DISCLOSURES. 1. IN CONNECTION WITH REFINANCING OF ONE
 OR MORE STUDENT LOANS AT LEAST ONE OF WHICH IS A FEDERAL  STUDENT  LOAN,
 THE  PRIVATE  STUDENT LENDER SHALL DISCLOSE TO THE BORROWER, CLEARLY AND
 CONSPICUOUSLY, CONTEMPORANEOUSLY WITH THE PROVISION OF AN APPLICATION TO
 THE BORROWER OR WITH A SOLICITATION FOR A PRIVATE  STUDENT  LOAN  IF  NO
 APPLICATION  IS  REQUIRED OR PROVIDED, BENEFITS THAT THE BORROWER MAY BE
 FORFEITING BY REFINANCING A FEDERAL STUDENT LOAN, INCLUDING  INCOME-DRI-
 VEN  REPAYMENT  OPTIONS, OPPORTUNITIES FOR LOAN FORGIVENESS, FORBEARANCE
 OR DEFERMENT OPTIONS, INTEREST SUBSIDIES, AND TAX BENEFITS.
   2. CONTEMPORANEOUSLY WITH THE  APPROVAL  OF  A  PRIVATE  STUDENT  LOAN
 APPLICATION, AND BEFORE THE LOAN TRANSACTION IS CONSUMMATED, THE PRIVATE
 STUDENT  LENDER SHALL DISCLOSE TO THE BORROWER, CLEARLY AND CONSPICUOUS-
 LY:
 S. 9008                            90                           A. 10008
 
   (A) A LIST CONTAINING EACH STUDENT LOAN TO BE REFINANCED, WHICH  SHALL
 IDENTIFY WHETHER THE STUDENT LOAN IS A PRIVATE STUDENT LOAN OR A FEDERAL
 STUDENT LOAN; AND
   (B)  BENEFITS  THAT  THE  BORROWER  MAY BE FORFEITING BY REFINANCING A
 FEDERAL STUDENT LOAN, INCLUDING INCOME-DRIVEN REPAYMENT OPTIONS,  OPPOR-
 TUNITIES  FOR LOAN FORGIVENESS, FORBEARANCE OR DEFERMENT OPTIONS, INTER-
 EST SUBSIDIES, AND TAX BENEFITS.
   § 732. ENFORCEMENT AND PENALTIES. 1. WITHOUT LIMITING ANY POWER GRANT-
 ED TO THE SUPERINTENDENT UNDER ANY OTHER PROVISION OF THIS CHAPTER,  THE
 SUPERINTENDENT  MAY,  AFTER NOTICE AND HEARING, REQUIRE ANY PERSON FOUND
 VIOLATING THE PROVISIONS OF THIS ARTICLE OR  THE  RULES  OR  REGULATIONS
 PROMULGATED  HEREUNDER  TO PAY TO THE PEOPLE OF THIS STATE A PENALTY NOT
 TO EXCEED: (A) TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH VIOLATION  AND
 FOR  EACH  DAY  DURING WHICH SUCH VIOLATION CONTINUES, OR, IN CONNECTION
 WITH SUCH VIOLATION, FOR EACH DAY A DISCLOSURE  OR  NOTICE  MANDATED  BY
 THIS  ARTICLE  CONTINUES  NOT TO BE PROVIDED TO A BORROWER; OR (B) WHERE
 SUCH VIOLATION IS WILLFUL, TEN THOUSAND DOLLARS FOR EACH  VIOLATION  AND
 FOR  EACH  DAY  DURING WHICH SUCH VIOLATION CONTINUES, OR, IN CONNECTION
 WITH SUCH VIOLATION, FOR EACH DAY A DISCLOSURE  OR  NOTICE  MANDATED  BY
 THIS ARTICLE CONTINUES NOT TO BE PROVIDED TO A BORROWER.
   2.  THE  SUPERINTENDENT  SHALL NOT IMPOSE OR COLLECT ANY PENALTY UNDER
 SECTION FORTY-FOUR OF THIS CHAPTER IN ADDITION TO ANY  PENALTY  FOR  THE
 SAME ACT OR OMISSION THAT IS IMPOSED UNDER THIS SECTION.
   § 733. RULES AND REGULATIONS. IN ADDITION TO SUCH POWERS AS MAY OTHER-
 WISE  BE  PRESCRIBED  BY  THIS  CHAPTER, THE SUPERINTENDENT OF FINANCIAL
 SERVICES IS HEREBY AUTHORIZED AND EMPOWERED TO PROMULGATE SUCH RULES AND
 REGULATIONS AS MAY IN THE JUDGMENT OF THE SUPERINTENDENT  BE  CONSISTENT
 WITH  THE  PURPOSES  OF  THIS  ARTICLE, OR APPROPRIATE FOR THE EFFECTIVE
 ADMINISTRATION OF THIS ARTICLE.
   § 734. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE  APPLICA-
 TION  THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID, SUCH
 INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS  OR  APPLICATIONS  OF  THIS
 ARTICLE  WHICH  CAN  BE  GIVEN  EFFECT  WITHOUT THE INVALID PROVISION OR
 APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE  SEVERA-
 BLE.
   §  2. This act shall take effect one year after it shall have become a
 law.
 
                                  PART KK

   Section 1. Section 2329 of the insurance law, as  amended  by  chapter
 182 of the laws of 2023, is amended to read as follows:
   §  2329.  Motor vehicle insurance rates; excess profits. In accordance
 with regulations prescribed by the superintendent, each insurer  issuing
 policies  that are subject to article fifty-one of this chapter, includ-
 ing policies of motor vehicle personal  injury  liability  insurance  or
 policies  of motor vehicle property damage liability insurance or insur-
 ance for loss or damage to a motor  vehicle,  shall  establish  a  fair,
 practicable, and nondiscriminatory plan for refunding or otherwise cred-
 iting  to  those  purchasing  such policies their share of the insurer's
 excess profit, if any, on such policies. An excess  profit  shall  be  a
 profit  beyond  a percentage rate of return on net worth attributable to
 such policies, computed in accordance with the  regulation  required  by
 section  two  thousand  three  hundred twenty-three of this article, and
 determined by the superintendent to be so far above a reasonable average
 profit as to amount to an excess profit, taking into  consideration  the
 S. 9008                            91                           A. 10008
 
 fact  that  losses or profits below a reasonable average profit will not
 be recouped from such policyholders. Each plan  shall  apply  to  policy
 periods  for  the  periods  January first, nineteen hundred seventy-four
 through  August  second, two thousand one, and the effective date of the
 property/casualty insurance availability act through June thirtieth, two
 thousand [twenty-six] TWENTY-NINE. In prescribing such  regulations  the
 superintendent  may limit the duration of such plans, waive any require-
 ment for refund or credit that the superintendent determines  to  be  de
 minimis  or  impracticable, adopt forms of returns that shall be made to
 the superintendent in order to establish the amount  of  any  refund  or
 credit  due,  establish  periods  and  times  for  the determination and
 distribution of refunds and credits, and  shall  provide  that  insurers
 receive  appropriate  credit  against any refunds or credits required by
 any such plan for policyholder dividends and for  return  premiums  that
 may  be  due  under  rate  credit or retrospective rating plans based on
 experience.
   § 2. This act shall take effect immediately.
                                  PART LL
 
   Section 1. Section 4 of chapter 495 of the laws of 2004, amending  the
 insurance  law  and the public health law relating to the New York state
 health  insurance  continuation  assistance  demonstration  project,  as
 amended  by  section  1  of part S of chapter 58 of the laws of 2025, 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, [2026] 2027 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.
   § 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 LL of this act shall be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 9008--A                                           A. 10008--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend part U1 of chapter 62 of the laws of 2003, amending the
   vehicle and traffic law and other laws relating to increasing  certain
   motor vehicle transaction fees, in relation to the effectiveness ther-
   eof;  and  to amend part B of chapter 84 of the laws of 2002, amending
   the state finance law relating to the costs of the department of motor
   vehicles, in relation to the effectiveness thereof (Part A); to  amend
   chapter  751  of  the laws of 2005, amending the insurance law and the
   vehicle  and  traffic  law  relating  to  establishing  the   accident
   prevention  course  internet  technology pilot program, in relation to
   the effectiveness thereof (Part B); to amend the vehicle  and  traffic
   law  in  relation  to requiring the completion of the motorcycle rider
   safety course to obtain a motorcycle license (Part C);  to  amend  the
   vehicle  and  traffic law, in relation to establishing a pilot program
   requiring the installation of intelligent speed assistance devices for
   repeated violations of maximum speed limits  in  New  York  City;  and
   providing  for  the  repeal of such provisions upon expiration thereof
   (Part D); to amend the vehicle and traffic law, in relation to  allow-
   ing  for-hire  autonomous  vehicles outside of New York City; 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 effec-
   tiveness  thereof  (Part  E);  to  amend the penal law, in relation to
   penalties for violence against highway workers; and to amend the vehi-
   cle and traffic law, in relation to  license  suspension  for  certain
   crimes  against  highway  workers  and  establishing new penalties for
   intrusion into an active work zone (Part F); to amend the vehicle  and
   traffic  law,  in  relation to expanding the automated work zone speed
   enforcement program to include additional New York roadways (Part  G);
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
 SA                                                         LBD12673-03-6
 S. 9008--A                          2                        A. 10008--A
 
   to  amend  part  PP  of  chapter  54 of the laws of 2016, amending the
   public authorities law and the general municipal law relating  to  the
   New York transit authority and the metropolitan transportation author-
   ity,  in  relation  to extending provisions of law relating to certain
   tax increment financing provisions (Part H); authorizing the Metropol-
   itan Transportation Authority to conduct environmental  reviews  under
   the State Environmental Quality Review Act for the crosstown extension
   of  the  Second Avenue Subway project in two stages (Part I); to amend
   the agriculture and markets law, in relation to  dairy  promotion  and
   marketing  of  agricultural  products in New York state; and to repeal
   sections 16-x, 16-y and 16-z of section 1 of chapter 174 of  the  laws
   of 1968, constituting the New York state urban development corporation
   act,  in  relation thereto (Part J); to amend the tax law, in relation
   to extending the refundability of the investment tax credit for  farm-
   ers  (Part K); to amend the public authorities law, the public service
   law and the real property law, in relation to the green jobs-green New
   York program (Part L); 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  M);  to  amend  the  public service law, in
   relation to executive compensation disclosure by gas, electric,  steam
   and  water-works  corporations  (Part  N); to amend the public service
   law, in relation to procedures for new rates or  charges  proposed  by
   utilities  (Part  O);  to amend the public service law, in relation to
   establishing an energy affordability index (Part P); to amend the real
   property law and the public service law, in  relation  to  prohibiting
   utility  service terminations in multiple dwellings (Part Q); to amend
   the environmental conservation law, in relation to reforming the state
   environmental quality review act (Part R); to amend the  environmental
   conservation  law,  in  relation  to  removing  the  statutory caps on
   rebates for certain infrastructure projects and vehicle  purchases  by
   municipalities  (Part  S);  to  amend chapter 584 of the laws of 2011,
   amending the public authorities law relating to the powers and  duties
   of  the  dormitory  authority of the state of New York relative to the
   establishment of subsidiaries for certain purposes, in relation to the
   effectiveness thereof (Part T); in relation to authorizing  the  trus-
   tees of the state university of New York to lease and contract to make
   available  certain  land  on  the  state  university  of  New  York at
   Farmingdale's campus (Subpart A); in relation to authorizing the trus-
   tees of the state university of New York to lease and contract to make
   available certain land on the state university of New  York  at  Stony
   Brook's campus (Subpart B); and in relation to authorizing the commis-
   sioner  of  transportation  to transfer and convey certain state-owned
   real property in the town of Babylon, county of  Suffolk  (Subpart  C)
   (Part  U);  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 V); to amend chapter 393 of the laws  of  1994,
   amending  the New York state urban development corporation act, relat-
   ing to the powers of the New York state urban development  corporation
   to make loans, in relation to extending loan powers (Part W); to amend
   the  general  business law, in relation to requiring synthetic content
   creations system providers to include  provenance  data  on  synthetic
   content  produced  or modified by a synthetic content creations system
 S. 9008--A                          3                        A. 10008--A
 
   that the synthetic content creations system provider  makes  available
   (Part X); to amend the general business law, in relation to establish-
   ing  the  "Safe by Design Act" (Part Y); to amend the general business
   law,  in  relation to prohibiting advertising of certain former prices
   by a retail seller (Part Z); to amend the  general  business  law,  in
   relation  to  enacting the "data broker accountability act" (Part AA);
   to amend the insurance law,  in  relation  to  requiring  insurers  to
   provide explanations for certain premium increases (Part BB); to amend
   the  insurance  law,  in  relation to the determination of a benchmark
   loss ratio for homeowners' insurance (Part CC); to amend the insurance
   law, in relation to insurance discounts for real property  (Part  DD);
   to  amend  the  insurance law and the civil practice law and rules, in
   relation to motor vehicle accident liability; and  to  repeal  certain
   provisions  of the civil practice law and rules relating thereto (Part
   EE); to amend the insurance law, in  relation  to  the  timeframe  for
   reporting  fraudulent claims and paying claims (Part FF); to amend the
   insurance law, in relation to requiring annual  reports  on  insurance
   for  multi-family  buildings (Part GG); to amend the insurance law, in
   relation to the annual consumer guide of health insurers  (Subpart A);
   to amend the insurance law and the public health law, in  relation  to
   ongoing  treatment  by  an  out-of-network  provider  during pregnancy
   (Subpart B); to amend the insurance law,  in  relation  to  accessible
   formulary  drug  lists (Subpart C); and to amend the insurance law and
   the public health law, in relation to utilization reviews  for  treat-
   ment  for  a  chronic health condition (Subpart D) (Part HH); to amend
   the insurance law, in relation to providing motor  vehicle  liability,
   comprehensive  and  collision  insurance  premium  deductions  for the
   installation of a dashboard camera (Part II);  to  amend  the  banking
   law,  in  relation  to protecting private education loan borrowers and
   cosigners (Part JJ); to  amend  the  insurance  law,  in  relation  to
   extending the policy period for excess profit refunds to motor vehicle
   policyholders  (Part  KK);  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 LL); to  amend
   the  New  York state urban development corporation act, in relation to
   certain payments in lieu of taxes collected with  respect  to  parcels
   located  within the Brooklyn Marine Terminal Project (Part MM); and in
   relation to enacting the "Long Island MacArthur Airport  terminal  and
   rail integration project act" (Part NN)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement  the state transportation, economic development
 and environmental conservation budget for  the  2026-2027  state  fiscal
 year.    Each  component is wholly contained within a Part identified as
 Parts A through NN. The effective date  for  each  particular  provision
 contained  within  such  Part  is  set forth in the last section of such
 Part. Any provision in any section contained within  a  Part,  including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be  deemed to mean and refer to the corresponding section of the Part in
 S. 9008--A                          4                        A. 10008--A
 
 which it is found. Section three of this  act  sets  forth  the  general
 effective date of this act.
                                  PART A
 
   Section  1.  Section  13 of part U1 of chapter 62 of the laws of 2003,
 amending the vehicle and traffic law and other laws relating to increas-
 ing certain motor vehicle transaction fees, as amended by section  1  of
 part G of chapter 58 of the laws of 2024, is amended to read as follows:
   §  13.  This  act shall take effect immediately; provided however that
 sections one through seven of this act, the amendments to subdivision  2
 of  section  205  of  the tax law made by section eight of this act, and
 section nine of this act shall expire and be deemed repealed on April 1,
 [2026] 2028; provided further, however, that the provisions  of  section
 eleven  of this act shall take effect April 1, 2004 and shall expire and
 be deemed repealed on April 1, [2026] 2028.
   § 2. Section 2 of part B of chapter 84 of the laws of  2002,  amending
 the  state  finance law relating to the costs of the department of motor
 vehicles, as amended by section 2 of part G of chapter 58 of the laws of
 2024, is amended to read as follows:
   § 2. This act shall take effect April 1, 2002; provided,  however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2002; provided further,  however,  that  this  act  shall
 expire and be deemed repealed on April 1, [2026] 2028.
   § 3. This act shall take effect immediately.
 
                                  PART B
 
   Section  1. Section 5 of chapter 751 of the laws of 2005, amending the
 insurance law and the vehicle and traffic law relating  to  establishing
 the  accident  prevention  course  internet technology pilot program, as
 amended by section 1 of part F of chapter 58 of the  laws  of  2024,  is
 amended to read as follows:
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and be deemed repealed April
 1,  [2026]  2028;  provided  that any rules and regulations necessary to
 implement the provisions of this act on its effective date  are  author-
 ized and directed to be completed on or before such date.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Subdivision 4 of section 502 of the vehicle and traffic law
 is amended by adding a new paragraph (i) to read as follows:
   (I)  MOTORCYCLE RIDER SAFETY COURSE. UPON SUBMISSION OF AN APPLICATION
 FOR A CLASS M LICENSE, THE APPLICANT SHALL SUBMIT PROOF TO  THE  COMMIS-
 SIONER  OF THE APPLICANT'S SUCCESSFUL COMPLETION OF THE MOTORCYCLE RIDER
 SAFETY COURSE ESTABLISHED AND  ADMINISTERED  PURSUANT  TO  SECTION  FOUR
 HUNDRED  TEN-A  OF  THIS CHAPTER. THE COMPLETION OF THE MOTORCYCLE RIDER
 SAFETY COURSE REQUIRED HEREIN SHALL SUPPLEMENT, AND NOT SUBSTITUTE,  THE
 COURSE REQUIREMENT OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION AND SHALL ONLY APPLY TO CLASS M LICENSE APPLICANTS WHO HAVE NEITHER
 PREVIOUSLY  HELD  A  CLASS  M  LICENSE  ISSUED BY THE COMMISSIONER NOR A
 MOTORCYCLE LICENSE ISSUED IN ANOTHER STATE AS IT IS DEFINED  BY  SECTION
 FIVE HUNDRED SIXTEEN OF THIS TITLE.
 S. 9008--A                          5                        A. 10008--A
 
   §  2. This act shall take effect one year after it shall have become a
 law.
 
                                  PART D
 
   Section  1.  Section 1642 of the vehicle and traffic law is amended by
 adding a new subdivision (c) to read as follows:
   (C) 1. IN ADDITION TO THE OTHER POWERS GRANTED BY  THIS  ARTICLE,  THE
 LEGISLATIVE  BODY  OF  ANY  CITY  HAVING  A  POPULATION IN EXCESS OF ONE
 MILLION, MAY BY LOCAL LAW, ORDINANCE, ORDER, RULE, REGULATION OR  HEALTH
 CODE  PROVISION  ESTABLISH  AN INTELLIGENT SPEED ASSISTANCE DEVICE PILOT
 PROGRAM.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  APPLY  ONLY  TO
 VIOLATIONS  COMMITTED  SOLELY  WITHIN  A CITY HAVING A POPULATION OF ONE
 MILLION OR MORE.
   2. FOR PURPOSES OF THIS  SUBDIVISION,  "INTELLIGENT  SPEED  ASSISTANCE
 DEVICE" SHALL BE DEFINED AS A DEVICE WHICH IS INSTALLED IN A MOTOR VEHI-
 CLE  AND  UTILIZES  TECHNOLOGY  TO  LIMIT THE SPEED OF THE MOTOR VEHICLE
 BASED ON THE MAXIMUM SPEED LIMITS ESTABLISHED PURSUANT TO ARTICLE THIRTY
 OF THIS CHAPTER. THE TECHNOLOGY SHALL ALLOW FOR LIMITED FURTHER ACCELER-
 ATION PAST THE SPEED LIMIT, IF NECESSARY, BASED ON TRAFFIC CONDITIONS.
   3. SUCH PROGRAM MAY REQUIRE A PERSON, UPON SUCH PERSON'S CONVICTION OF
 A DETERMINATE NUMBER OF VIOLATIONS OF ANY PROVISION  OF  SECTION  ELEVEN
 HUNDRED  EIGHTY  OR  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, AS
 DETERMINED BY SUCH CITY, AND COMMITTED WITHIN A CERTAIN PERIOD  OF  TIME
 AS SHALL BE ESTABLISHED BY SUCH CITY, IN ADDITION TO ANY OTHER PENALTIES
 PRESCRIBED  BY  LAW,  TO  INSTALL AND MAINTAIN A FUNCTIONING INTELLIGENT
 SPEED ASSISTANCE DEVICE FOR A MANDATED PERIOD OF TIME IN ANY MOTOR VEHI-
 CLE SUCH PERSON OWNS OR OPERATES, AS SHALL BE ESTABLISHED BY SUCH CITY.
   4. AT THE CONCLUSION OF THE MANDATED PERIOD  OF  TIME,  PROVIDED  THAT
 SUCH  PERSON HAS SUCCESSFULLY COMPLETED THE TERM OF INSTALLATION WITH NO
 FURTHER VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY  OR  SECTION  ELEVEN
 HUNDRED EIGHTY-B OF THIS CHAPTER OCCURRING SOLELY WITHIN A CITY HAVING A
 POPULATION  OF  ONE  MILLION  OR MORE, NOTIFICATION SHALL BE PROVIDED TO
 SUCH PERSON AUTHORIZING THE REMOVAL OF SUCH DEVICE OR DEVICES.
   5. ANY LOCAL LAW, ORDINANCE, ORDER, RULE, REGULATION  OR  HEALTH  CODE
 PROVISION  ESTABLISHING  A  SPEED  ASSISTANCE DEVICE PILOT PROGRAM SHALL
 PROVIDE FOR REGULATIONS GOVERNING THE MONITORING OF  THE  COMPLIANCE  OF
 PERSONS  ORDERED TO INSTALL AND MAINTAIN AN INTELLIGENT SPEED ASSISTANCE
 DEVICE. IN ADDITION, SUCH PROGRAM SHALL MAKE PUBLICLY AVAILABLE:
   (A) CRITERIA FOR APPROVAL OF  APPROVED  INTELLIGENT  SPEED  ASSISTANCE
 DEVICES  WHICH  SHALL  INCLUDE  A  PUBLICLY  AVAILABLE  LIST OF APPROVED
 DEVICES AND A PUBLISHED LIST OF SUCH APPROVED DEVICES;
   (B) CRITERIA FOR THE APPROVAL OF SERVICE PROVIDERS WHICH ARE QUALIFIED
 TO INSTALL, SERVICE, INSPECT,  AND  REMOVE  APPROVED  INTELLIGENT  SPEED
 ASSISTANCE DEVICES; AND
   (C) A PUBLICLY AVAILABLE LIST OF SUCH SERVICE PROVIDERS.
   6.  IMPOSITION  OF  AN INTELLIGENT SPEED ASSISTANCE DEVICE SHALL IN NO
 WAY LIMIT THE EFFECT OF ANY PERIOD OF LICENSE SUSPENSION  OR  REVOCATION
 SET FORTH BY THE COMMISSIONER OR REQUIRED UNDER THIS CHAPTER.
   7. (A) NO PERSON SHALL TAMPER WITH OR CIRCUMVENT AN OTHERWISE OPERABLE
 INTELLIGENT SPEED ASSISTANCE DEVICE.
   (B)  NO PERSON SUBJECT TO THE REQUIREMENT DESCRIBED IN PARAGRAPH THREE
 OF THIS SUBDIVISION SHALL OPERATE A MOTOR VEHICLE WITHOUT SUCH DEVICE.
   (C) NO VEHICLE OWNER SHALL OPERATE, OR PERMIT ANOTHER PERSON TO  OPER-
 ATE,  A  MOTOR  VEHICLE THEY OWN WITHOUT AN INTELLIGENT SPEED ASSISTANCE
 DEVICE WHEN SUCH VEHICLE IS MANDATED TO HAVE SUCH DEVICE.
 S. 9008--A                          6                        A. 10008--A
 
   (D) IN ADDITION TO ANY OTHER PROVISIONS OF LAW, ANY  PERSON  CONVICTED
 OF  A VIOLATION OF SUBPARAGRAPH (A), (B), OR (C) OF THIS PARAGRAPH SHALL
 BE GUILTY OF A CLASS A MISDEMEANOR.
   §  2. This act shall take effect one year after it shall have become a
 law and shall expire April 1, 2031, when upon such date  the  provisions
 of  this  act shall be deemed repealed. Effective immediately, the addi-
 tion, 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 E
 
   Section 1. Section 3 of part FF of chapter 55 of  the  laws  of  2017,
 relating  to motor vehicles equipped with autonomous vehicle technology,
 as amended by section 1 of part J of chapter 58 of the laws of 2024,  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,
 [2026] 2028.
   § 2. This act shall take effect immediately.
 
                                  PART F

   Section 1. Subdivision 11 of section  120.05  of  the  penal  law,  as
 amended  by  section  2  of part Z of chapter 55 of the laws of 2024, 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,
 bus, or ferry the collection or handling of revenues therefrom; a person
 whose official duties include  the  CONSTRUCTION,  maintenance,  repair,
 inspection,  troubleshooting, testing or cleaning of buses or ferries, a
 transit signal system, elevated or underground  subway  tracks,  transit
 station  OR  TRANSPORTATION structure, including fare equipment, escala-
 tors, 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 ANY
 ROADWAYS,  WALKWAYS,  TUNNELS,  BRIDGES,  TOLLING  FACILITIES  OR  THEIR
 SUPPORTING  SYSTEMS,  BUILDINGS  OR  STRUCTURES; or a supervisor of such
 personnel, employed by any transit or commuter rail agency, authority or
 company, public or private, whose operation is authorized OR ESTABLISHED
 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 enforcement agent, MOTOR VEHICLE LICENSE EXAMINER, MOTOR VEHICLE
 REPRESENTATIVE,  AUTOMOTIVE  FACILITIES  INSPECTOR,  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-A OF THE VEHICLE AND TRAFFIC LAW,  MOTOR  VEHICLE  INSPECTOR  AS
 DEFINED  IN SECTION ONE HUNDRED TWENTY-FOUR-B OF THE VEHICLE AND TRAFFIC
 LAW, prosecutor as defined in subdivision thirty-one of section 1.20  of
 the  criminal procedure law, sanitation enforcement agent, New York city
 sanitation worker, public health sanitarian, New York city public health
 sanitarian,  registered  nurse,  licensed  practical  nurse,   emergency
 S. 9008--A                          7                        A. 10008--A
 
 medical  service paramedic, or emergency medical service technician, [he
 or she] SUCH PERSON causes physical injury to such train operator, tick-
 et 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, bus, or ferry or the collection or handling  of  revenues  there-
 from;  a  person whose official duties include the CONSTRUCTION, mainte-
 nance, repair, inspection, troubleshooting, testing or cleaning of buses
 or ferries, a transit signal  system,  elevated  or  underground  subway
 tracks,  transit  station  OR  TRANSPORTATION  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 ANY ROADWAYS, WALKWAYS, TUNNELS, BRIDGES, TOLLING FACIL-
 ITIES OR THEIR SUPPORTING SYSTEMS, BUILDINGS OR STRUCTURES; or a  super-
 visor  of  such personnel, city marshal, school crossing guard appointed
 pursuant to section two hundred eight-a of the  general  municipal  law,
 traffic  enforcement  officer,  traffic enforcement agent, MOTOR VEHICLE
 LICENSE EXAMINER, MOTOR VEHICLE  REPRESENTATIVE,  AUTOMOTIVE  FACILITIES
 INSPECTOR,  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-A OF THE VEHICLE AND TRAFFIC LAW,
 MOTOR VEHICLE INSPECTOR AS DEFINED IN SECTION ONE HUNDRED  TWENTY-FOUR-B
 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,] A LAWFUL ACT RELATED, DIRECT-
 LY OR INDIRECTLY, TO AN EMPLOYMENT  RESPONSIBILITY,  INCLUDING  BUT  NOT
 LIMITED  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, bus, or ferry or maintenance or cleaning of a train, a  bus,
 a  ferry,  or bus station or terminal, signal system, elevated or under-
 ground subway  tracks,  transit  station  OR  TRANSPORTATION  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, a ferry station, or such
 city marshal, school crossing guard, traffic enforcement officer,  traf-
 fic  enforcement  agent,  MOTOR  VEHICLE LICENSE EXAMINER, MOTOR VEHICLE
 REPRESENTATIVE,  AUTOMOTIVE  FACILITIES  INSPECTOR,  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-A  OF  THE  VEHICLE  AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS
 DEFINED IN SECTION ONE HUNDRED TWENTY-FOUR-B 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 penal law is amended by adding a new section 120.13-a to read
 as follows:
 S. 9008--A                          8                        A. 10008--A
 
 § 120.13-A MENACING A HIGHWAY WORKER.
   A  PERSON  IS  GUILTY  OF  MENACING  A HIGHWAY WORKER WHEN THEY INTEN-
 TIONALLY PLACE OR ATTEMPT TO PLACE A HIGHWAY WORKER IN  REASONABLE  FEAR
 OF    DEATH, IMMINENT  SERIOUS  PHYSICAL INJURY OR PHYSICAL INJURY.  FOR
 PURPOSES OF THIS SECTION, THE TERM "HIGHWAY WORKER" SHALL HAVE THE  SAME
 MEANING  AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND
 TRAFFIC LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   § 3. The vehicle and traffic  law  is  amended  by  adding  three  new
 sections 118-a, 124-a and 124-b to read as follows:
   §  118-A.  HIGHWAY  WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
 STATE, A COUNTY, CITY,  TOWN  OR  VILLAGE,  A  PUBLIC  AUTHORITY,  LOCAL
 AUTHORITY,  OR PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF ANY
 SUCH ENTITY, OR A FLAGPERSON, WHO HAS BEEN ASSIGNED TO PERFORM WORK ON A
 HIGHWAY, PUBLIC HIGHWAY, ROADWAY, ACCESS HIGHWAY, OR QUALIFYING HIGHWAY,
 OR WITHIN THE HIGHWAY RIGHT OF WAY. SUCH WORK MAY INCLUDE, BUT SHALL NOT
 BE LIMITED TO, CONSTRUCTION, RECONSTRUCTION,  MAINTENANCE,  IMPROVEMENT,
 FLAGGING,  UTILITY  INSTALLATION,  OR  THE  OPERATION  OF EQUIPMENT. FOR
 PURPOSES OF THIS SECTION, THE TERM "HIGHWAY RIGHT OF WAY" SHALL MEAN THE
 ENTIRE WIDTH BETWEEN THE BOUNDARY LINE OF ALL PROPERTY  WHICH  HAS  BEEN
 PURCHASED, APPROPRIATED, OR DESIGNATED BY THE STATE, A MUNICIPAL ENTITY,
 OR  A PUBLIC BENEFIT CORPORATION FOR HIGHWAY PURPOSES, ALL PROPERTY OVER
 WHICH THE COMMISSIONER  OF  TRANSPORTATION,  ANY  MUNICIPAL  ENTITY,  OR
 PUBLIC   BENEFIT   CORPORATION  HAS  ASSUMED  JURISDICTION  FOR  HIGHWAY
 PURPOSES, AND ALL PROPERTY THAT HAS BECOME  PART  OF  A  HIGHWAY  SYSTEM
 THROUGH  DEDICATION  OR USE, INCLUDING ANY PROPERTY DEEMED NECESSARY FOR
 THE MAINTENANCE, CONSTRUCTION, RECONSTRUCTION,  OR  IMPROVEMENT  OF  ANY
 HIGHWAY.   SUCH   WORK   MAY  INCLUDE,  BUT  SHALL  NOT  BE  LIMITED  TO
 CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, IMPROVEMENT, FLAGGING, UTILI-
 TY INSTALLATION, OR THE OPERATION OF EQUIPMENT.
   § 124-A. MOTOR  CARRIER  INVESTIGATOR.  ANY  PERSON  EMPLOYED  BY  THE
 DEPARTMENT  OF  TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM INVESTI-
 GATIONS OF ANY MOTOR CARRIERS REGULATED BY THE COMMISSIONER OF TRANSPOR-
 TATION.
   § 124-B. 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.
   § 4. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
 traffic  law  is amended by adding a new subparagraph (xviii) to read as
 follows:
   (XVIII) FOR A PERIOD OF NOT LESS THAN  THIRTY  NOR  GREATER  THAN  ONE
 HUNDRED  EIGHTY  DAYS  WHERE  THE  HOLDER  IS  CONVICTED OF THE CRIME OF
 ASSAULT IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ELEVEN OF SECTION
 120.05  OF  THE  PENAL  LAW OR ASSAULT IN THE THIRD DEGREE AS DEFINED IN
 SECTION 120.00 OF  THE  PENAL  LAW,   WHERE SUCH OFFENSE  WAS  COMMITTED
 AGAINST  A MOTOR VEHICLE LICENSE EXAMINER, MOTOR VEHICLE REPRESENTATIVE,
 AUTOMOTIVE FACILITIES INSPECTOR, HIGHWAY WORKER, MOTOR CARRIER  INVESTI-
 GATOR,  MOTOR VEHICLE INSPECTOR, OR WHERE THE HOLDER IS CONVICTED OF THE
 CRIME OF MENACING A HIGHWAY WORKER AS DEFINED  IN  ARTICLE  ONE  HUNDRED
 TWENTY OF THE PENAL LAW.
   §  5.  The  vehicle and traffic law is amended by adding a new section
 1221-a to read as follows:
   § 1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A  VEHI-
 CLE  SHALL  ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT UPON DIREC-
 TION FROM A FLAGPERSON,  POLICE  OFFICER  OR  OTHER  VISIBLY  DESIGNATED
 PERSON  IN CHARGE OF TRAFFIC CONTROL OR DIRECTION FROM A TRAFFIC CONTROL
 S. 9008--A                          9                        A. 10008--A
 
 DEVICE REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION, THE  TERM
 "ACTIVE  WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF A HIGHWAY, STREET OR
 PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING
 CONDUCTED, WHICH AREA IS MARKED BY ANY SIGNS, CHANNELING DEVICES, BARRI-
 ERS,  PAVEMENT  MARKINGS,  OR WORK VEHICLES, AND WHERE WORKERS ARE PHYS-
 ICALLY PRESENT.
   2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL  CONSTITUTE  A
 CLASS  B MISDEMEANOR   PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
 FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS,  OR  BY  A  PERIOD  OF
 IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART G
 
   Section  1.    Paragraph 1 of subdivision (a) of section 1180-e of the
 vehicle and traffic law, as amended by section 1 of part Q of chapter 58
 of the laws of 2025, is amended to read as follows:
   1. Notwithstanding any other provision of  law,  the  commissioner  of
 transportation is hereby authorized to establish a demonstration program
 imposing  monetary liability on the owner of a vehicle for failure of an
 operator thereof to comply with posted maximum speed limits in a highway
 construction or maintenance work area located on  a  [controlled-access]
 highway  (i)  when highway construction or maintenance work is occurring
 and a work area speed limit is in effect as provided in paragraph two of
 subdivision (d) or subdivision (f) of section eleven hundred  eighty  of
 this  article  or  (ii) when highway construction or maintenance work is
 occurring and other speed limits are in effect as provided  in  subdivi-
 sion  (b)  or  (g) or paragraph one of subdivision (d) of section eleven
 hundred eighty of this article. Such demonstration program shall empower
 the commissioner to install photo  speed  violation  monitoring  systems
 within no more than forty highway construction or maintenance work areas
 located  on  [controlled-access]  highways  and  to operate such systems
 within such work areas (iii) when highway  construction  or  maintenance
 work  is  occurring and a work area speed limit is in effect as provided
 in paragraph two of subdivision (d) or subdivision (f) of section eleven
 hundred eighty of this article or  (iv)  when  highway  construction  or
 maintenance  work  is  occurring and other speed limits are in effect as
 provided in subdivision (b) or (g) or paragraph one of  subdivision  (d)
 of  section  eleven hundred eighty of this article. The commissioner, in
 consultation with the superintendent of the division  of  state  police,
 shall  determine the location of the highway construction or maintenance
 work areas located on a [controlled-access] highway in which to  install
 and  operate  photo  speed violation monitoring systems.  In selecting a
 highway construction or maintenance work area in which  to  install  and
 operate  a  photo  speed  violation  monitoring system, the commissioner
 shall consider criteria including, but not limited to, the  speed  data,
 crash   history,   and  roadway  geometry  applicable  to  such  highway
 construction or maintenance work area. A photo speed violation  monitor-
 ing  system  shall not be installed or operated on a [controlled-access]
 highway exit ramp.
   § 2. Subdivision (b) of section 1180-e of the vehicle and traffic law,
 as amended by section 2 of part Q of chapter 58 of the laws of 2025,  is
 amended to read as follows:
 S. 9008--A                         10                        A. 10008--A
 
   (b)  If the commissioner or chair of the thruway authority, Triborough
 bridge and tunnel authority, or bridge 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 highway construction or  maintenance
 work area located on a [controlled-access] highway, the thruway, Tribor-
 ough  bridge and tunnel authority facilities or bridge authority facili-
 ties, as applicable in violation of paragraph two of subdivision (d)  or
 subdivision  (f),  or when other speed limits are in effect in violation
 of subdivision (b) or (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 highway construction or maintenance work
 area, 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.
   §  3.  Paragraphs  5 and 9 of subdivision (c) of section 1180-e of the
 vehicle and traffic law, as amended by section 2 of part Q of chapter 58
 of the laws of 2025, are amended to read as follows:
   5. ["controlled-access highway" shall mean a controlled-access highway
 as defined by section one hundred nine of this chapter under the commis-
 sioner's jurisdiction which has  been  functionally  classified  by  the
 department of transportation as principal arterial - interstate or prin-
 cipal arterial - other freeway/expressway on official functional classi-
 fication maps approved by the federal highway administration pursuant to
 part  470.105 of title 23 of the code of federal regulations, as amended
 from time to  time]  "HIGHWAY"  SHALL  MEAN  ANY  REAL  PROPERTY  OWNED,
 CONTROLLED,  OR  UNDER THE JURISDICTION OF THE COMMISSIONER, THE THRUWAY
 AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, OR BRIDGE AUTHORITY;
   9. "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  highway  construction  or  maintenance
 work area located on a [controlled-access] highway, the thruway, Tribor-
 ough  bridge  and tunnel authority facility or bridge authority facility
 in violation of subdivision (b), (d),  (f)  or  (g)  of  section  eleven
 hundred eighty of this article in accordance with the provisions of this
 section;
   §  4.  Paragraphs  2, 4, and 6 of subdivision (m) of section 1180-e of
 the vehicle and traffic law, as amended by section 2 of part Q of  chap-
 ter 58 of the laws of 2025, are amended to read as follows:
   2.  the  aggregate  number,  type and severity of crashes, fatalities,
 injuries and property damage reported within all highway construction or
 maintenance work areas on  [controlled-access]  highways,  the  thruway,
 Triborough  bridge  and  tunnel authority facilities or bridge authority
 facilities, as applicable, to the extent the information  is  maintained
 by  the  commissioner,  the  chair  of the thruway authority, Triborough
 bridge and tunnel authority, or bridge authority, or the  department  of
 motor vehicles of this state;
   4.  the  number of violations recorded within all highway construction
 or maintenance work areas on [controlled-access] highways, the  thruway,
 S. 9008--A                         11                        A. 10008--A
 
 Triborough  bridge  and  tunnel authority facilities or bridge authority
 facilities, in the aggregate on a daily, weekly and monthly basis to the
 extent the information is maintained by the commissioner, the  chair  of
 the thruway authority, Triborough bridge and tunnel authority, or bridge
 authority, or the department of motor vehicles of this state;
   6.  to  the  extent the information is maintained by the commissioner,
 the chair of the thruway authority, Triborough bridge and tunnel author-
 ity, or bridge authority, or the department of motor  vehicles  of  this
 state, the number of violations recorded within all highway construction
 or  maintenance work areas on [controlled-access] highways, the thruway,
 Triborough bridge and tunnel authority facilities  or  bridge  authority
 facilities, 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;
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments made to section 1180-e of the vehicle and traffic law by
 sections one, two, three and four of  this  act  shall  not  affect  the
 repeal  of  such  section and shall expire and be deemed repealed there-
 with.
 
                                  PART H
 
   Section 1. Section 3 of part PP of chapter 54  of  the  laws  of  2016
 amending the public authorities law and the general municipal law relat-
 ing  to  the New York transit authority and the metropolitan transporta-
 tion authority, as amended by section 1 of part I of chapter 58  of  the
 laws of 2025, 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, [2026] 2036, and provided further that such  repeal  shall  not
 affect the validity or duration of any contract entered into before that
 date pursuant to paragraph f of such subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. Definitions. Whenever used in this act, the following terms
 shall have the following meanings:
   1.  "Authority"  shall  mean the metropolitan transportation authority
 created by section twelve hundred sixty-three of the public  authorities
 law.
   2.  "125  Street Subway Extension project" shall mean a project within
 the metropolitan commuter transportation district to  be  undertaken  by
 the Authority to extend subway service westward from the northern termi-
 nus  of  the  Second Avenue Subway Phase Two Project to the west side of
 Manhattan.  Such project includes construction of a subterranean  tunnel
 running  from  125  Street  and  Lenox Avenue west along 125 Street past
 Broadway, and the construction of additional stations, and any ancillary
 facilities, connecting with north and south subway lines.
 S. 9008--A                         12                        A. 10008--A
 
   3. "Subterranean Tunnel Component" shall mean the component of the 125
 Street Subway Extension Project consisting of construction of a  subter-
 ranean  tunnel  running  from 125 Street and Lenox Avenue west along 125
 Street past Broadway.
   4.  "Metropolitan  commuter  transportation  district"  shall mean the
 commuter transportation  district  created  by  section  twelve  hundred
 sixty-two of the public authorities law.
   5. "Second Avenue Subway Phase Two Project" shall mean a project with-
 in  the  metropolitan commuter transportation district, commenced by the
 Authority as of the effective date of this chapter, to extend the Q line
 subway into Harlem through construction of two new  stations  on  Second
 Avenue  at  106 and 116 streets and extending Q line subway service to a
 third new station at 125 Street and Lexington Avenue that  will  connect
 to the 4, 5, and 6 subway lines and Metro-North railroad.
   §  2.  The Authority shall conduct the applicable environmental review
 of the Subterranean Tunnel Component in accordance with  the  provisions
 of  article  eight  of the environmental conservation law, provided that
 such environmental review shall not be required to be conducted  concur-
 rent  with,  or  inclusive  of,  the  environmental  review specified in
 section three of this act.
   § 3. The Authority shall conduct the applicable  environmental  review
 of  all  other  components  of  the 125 Street Subway Extension project,
 including construction of the stations and any ancillary facilities,  in
 accordance  with  the  provisions  of article eight of the environmental
 conservation law; provided that such environmental review shall  not  be
 required  to be conducted concurrent with, or inclusive of, the environ-
 mental review specified in section two of this act.
   § 4. (1) The Authority shall not approve, permit, acquire real proper-
 ty pursuant to the  eminent  domain  procedure  law,  or  undertake  any
 discretionary  action  required  to  construct  the  Subterranean Tunnel
 Component described in section two  of  this  act,  and  no  agency,  as
 defined  in  section 8-0105 of the environmental conservation law, shall
 permit or authorize any activity relating to construction of the Subter-
 ranean Tunnel Component, until the Authority has completed the  applica-
 ble environmental review required pursuant to section two of this act.
   (2)  The  Authority  shall  not approve, permit, acquire real property
 pursuant to the eminent domain procedure law, or undertake  any  discre-
 tionary  action  required  to  construct the other components of the 125
 Street Subway Extension project described in section three of this  act,
 and no agency, as defined in section 8-0105 of the environmental conser-
 vation law, shall permit or authorize any activity relating construction
 of  the  other  components  of  the 125 Street Subway Extension project,
 until the Authority has completed the  applicable  environmental  review
 required pursuant to section three of the act.
   (3) The preparation of a design or designs shall not be deemed to have
 prejudiced any decision-making pursuant to article eight of the environ-
 mental conservation law.
   § 5. This act shall take effect immediately.
 
                                  PART J
 
   Section 1. Article 21-AA of the agriculture and markets law is amended
 by adding a new section 258-aa to read as follows:
   §  258-AA. DAIRY PROMOTION ACT. 1. DECLARATION OF POLICY. IT IS HEREBY
 DECLARED THAT THE DAIRY INDUSTRY IS A PARAMOUNT AGRICULTURAL INDUSTRY OF
 THIS STATE, AND IS AN INDUSTRY AFFECTING THE HEALTH AND WELFARE  OF  THE
 S. 9008--A                         13                        A. 10008--A

 INHABITANTS  OF  THE  STATE;  THAT  THE CONTINUED EXISTENCE OF THE DAIRY
 INDUSTRY AND THE CONTINUED PRODUCTION OF MILK ON THE FARMS OF THIS STATE
 IS OF VAST ECONOMIC IMPORTANCE TO  THE  STATE  AND  TO  THE  HEALTH  AND
 WELFARE  OF  THE  INHABITANTS THEREOF; THAT IT IS ESSENTIAL, IN ORDER TO
 ASSURE SUCH CONTINUED PRODUCTION OF MILK AND ITS HANDLING  AND  DISTRIB-
 UTION, THAT PRICES TO PRODUCERS BE SUCH AS TO RETURN REASONABLE COSTS OF
 PRODUCTION,  AND  AT THE SAME TIME ASSURE AN ADEQUATE SUPPLY OF MILK AND
 DAIRY PRODUCTS TO CONSUMERS AT REASONABLE PRICES; AND TO THESE  ENDS  IT
 IS  ESSENTIAL THAT CONSUMERS AND OTHERS BE ADEQUATELY INFORMED AS TO THE
 DIETARY NEEDS AND ADVANTAGES OF MILK AND DAIRY PRODUCTS AND  AS  TO  THE
 ECONOMIES  RESULTING  FROM  THE  USE  OF MILK AND DAIRY PRODUCTS, AND TO
 COMMAND FOR MILK AND  DAIRY  PRODUCTS,  CONSUMER  ATTENTION  AND  DEMAND
 CONSISTENT  WITH THEIR IMPORTANCE AND VALUE. IT IS FURTHER DECLARED THAT
 CONTINUED DECLINE IN THE CONSUMPTION OF FLUID MILK AND SOME OTHER  DAIRY
 PRODUCTS WILL JEOPARDIZE THE PRODUCTION OF ADEQUATE SUPPLIES OF MILK AND
 DAIRY  PRODUCTS  BECAUSE  OF  INCREASING SURPLUSES NECESSARILY RETURNING
 LESS TO PRODUCERS; AND THAT CONTINUED  ADEQUATE  SUPPLIES  OF  MILK  AND
 DAIRY  PRODUCTS IS A MATTER OF VITAL CONCERN AS AFFECTING THE HEALTH AND
 GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS THEREFORE DECLARED TO
 BE THE LEGISLATIVE INTENT AND POLICY OF THE STATE:
   (A) TO ENABLE MILK PRODUCERS AND OTHERS IN THE  DAIRY  INDUSTRY,  WITH
 THE  AID  OF  THE  STATE, TO MORE EFFECTIVELY PROMOTE THE CONSUMPTION OF
 MILK AND DAIRY PRODUCTS;
   (B) TO PROVIDE METHODS AND  MEANS  FOR  THE  DEVELOPMENT  OF  NEW  AND
 IMPROVED DAIRY PRODUCTS, AND TO PROMOTE THEIR USE; AND
   (C)  TO  THIS END, ELIMINATE THE POSSIBLE IMPAIRMENT OF THE PURCHASING
 POWER OF THE MILK PRODUCERS OF THIS STATE  AND  TO  ASSURE  AN  ADEQUATE
 SUPPLY OF MILK FOR CONSUMERS AT REASONABLE PRICES.
   2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A)  "DAIRY  PRODUCTS"  MEANS MILK AND PRODUCTS DERIVED THEREFROM, AND
 PRODUCTS OF WHICH MILK OR A PORTION THEREOF IS A SIGNIFICANT PART.
   (B) "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO IS  ENGAGED  IN  THE
 PRODUCTION  OF  MILK OR WHO CAUSES MILK TO BE PRODUCED FOR ANY MARKET IN
 THIS OR ANY OTHER STATE.
   (C) "ADVISORY BOARD" MEANS THE PERSONS APPOINTED BY  THE  COMMISSIONER
 FROM  NOMINATIONS FROM PRODUCERS AS HEREIN DEFINED TO ASSIST THE COMMIS-
 SIONER IN ADMINISTERING A DAIRY PROMOTION ORDER.
   (D) "MILK DEALER"  MEANS  ANY  PERSON  WHO  PURCHASES  OR  HANDLES  OR
 RECEIVES  OR  SELLS  MILK,  INCLUDING  INDIVIDUALS, PARTNERSHIPS, CORPO-
 RATIONS, COOPERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE  ASSO-
 CIATIONS.
   (E) "DAIRY PROMOTION ORDER" MEANS AN ORDER ISSUED BY THE COMMISSIONER,
 PURSUANT TO THE PROVISIONS OF THIS SECTION.
   (F) "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF
 MILK  PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER
 STATE, HAVING AGREEMENTS WITH THEIR PRODUCER MEMBERS TO MARKET,  BARGAIN
 FOR  OR  SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE
 OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY THEIR
 MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER-
 ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
   3. POWERS AND DUTIES OF THE COMMISSIONER. (A) THE  COMMISSIONER  SHALL
 ADMINISTER AND ENFORCE THE PROVISIONS OF THIS SECTION AND SHALL HAVE AND
 MAY  EXERCISE  ANY  OR  ALL THE ADMINISTRATIVE POWERS CONFERRED UPON THE
 HEAD OF A DEPARTMENT. IN ORDER TO EFFECTUATE THE DECLARED POLICY OF THIS
 S. 9008--A                         14                        A. 10008--A
 
 SECTION THE COMMISSIONER MAY, AFTER DUE NOTICE  AND  HEARING,  MAKE  AND
 ISSUE A DAIRY PROMOTION ORDER, OR ORDERS.
   (B)  SUCH ORDER OR ORDERS SHALL BE ISSUED AND AMENDED OR TERMINATED IN
 ACCORDANCE WITH THE FOLLOWING PROCEDURES:
   (I) BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT SHALL BE APPROVED BY
 FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN  THE  REFERENDUM
 FOR  THE  AREA  TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT
 CONSTITUTE VALID APPROVAL  UNLESS  FIFTY-ONE  PER  CENTUM  OF  ALL  MILK
 PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM.
   (II)  PRODUCERS MAY VOTE BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPER-
 ATIVES IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
   (1) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH  ORDER  WITHIN  A
 PERIOD OF ONE HUNDRED TWENTY DAYS AFTER THE COMMISSIONER HAS ANNOUNCED A
 REFERENDUM  ON  A  PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND
 CERTIFIED TO THE COMMISSIONER AS MEMBERS OF SUCH COOPERATIVE,  PROVIDED,
 HOWEVER,  THAT  ANY  COOPERATIVE BEFORE SUBMITTING SUCH WRITTEN APPROVAL
 SHALL GIVE AT LEAST SIXTY DAYS PRIOR WRITTEN NOTICE TO EACH PRODUCER WHO
 IS ITS MEMBER, OF THE INTENTION  OF  THE  COOPERATIVE  TO  APPROVE  SUCH
 PROPOSED  ORDER,  AND  FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT
 INTEND TO APPROVE SUCH PROPOSED ORDER, IT SHALL  LIKEWISE  GIVE  WRITTEN
 NOTICE  OF  AT LEAST SIXTY DAYS TO EACH SUCH PRODUCER WHO IS ITS MEMBER,
 OF ITS INTENTION NOT TO APPROVE OF SUCH PROPOSED ORDER.
   (2) ANY PRODUCER MAY OBTAIN A BALLOT FROM  THE  COMMISSIONER  SO  THAT
 THEY  MAY  REGISTER  THEIR  OWN  APPROVAL OR DISAPPROVAL OF THE PROPOSED
 ORDER.
   (3) A PRODUCER WHO IS A MEMBER OF A  COOPERATIVE  WHICH  HAS  NOTIFIED
 SUCH  PRODUCER  OF ITS INTENT TO APPROVE OR NOT TO APPROVE OF A PROPOSED
 ORDER, AND WHO OBTAINS A BALLOT  AND  WITH  SUCH  BALLOT  EXPRESSES  THE
 PRODUCER'S  APPROVAL  OR DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY
 THE COMMISSIONER AS TO THE NAME OF THE COOPERATIVE OF WHICH THE PRODUCER
 IS A MEMBER, AND THE COMMISSIONER SHALL REMOVE SUCH PRODUCER'S NAME FROM
 THE LIST CERTIFIED BY SUCH COOPERATIVE.
   (4) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED  REGARDING
 A  PROPOSED ORDER, THE COMMISSIONER SHALL NOTIFY ALL MILK PRODUCERS THAT
 AN ORDER IS BEING CONSIDERED, AND THAT EACH PRODUCER  MAY  REGISTER  THE
 PRODUCER'S APPROVAL OR DISAPPROVAL WITH THE COMMISSIONER EITHER DIRECTLY
 OR THROUGH THE PRODUCER'S COOPERATIVE.
   (5)  THE  COMMISSIONER  MAY APPOINT A REFERENDUM ADVISORY COMMITTEE TO
 ASSIST AND ADVISE THE COMMISSIONER IN THE  CONDUCT  OF  THE  REFERENDUM.
 SUCH  COMMITTEE SHALL REVIEW REFERENDUM PROCEDURES AND THE TABULATION OF
 RESULTS AND SHALL ADVISE THE COMMISSIONER OF  ITS  FINDINGS.  THE  FINAL
 CERTIFICATION OF THE REFERENDUM RESULTS SHALL BE MADE BY THE COMMISSION-
 ER.  THE COMMITTEE SHALL CONSIST OF NOT LESS THAN THREE MEMBERS, NONE OF
 WHOM SHALL BE PERSONS DIRECTLY AFFECTED BY  THE  PROMOTION  ORDER  BEING
 VOTED  UPON. TWO MEMBERS SHALL BE REPRESENTATIVES OF GENERAL FARM ORGAN-
 IZATIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE ORDER BEING VOTED  UPON.
 THE  MEMBERS  OF  THE  COMMITTEE SHALL NOT RECEIVE A SALARY BUT SHALL BE
 ENTITLED TO ACTUAL AND REASONABLE EXPENSES INCURRED IN  THE  PERFORMANCE
 OF THEIR DUTIES.
   (6)  THE  COMMISSIONER MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN
 TEN PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER  AS  INDIVIDUALS  OR
 THROUGH  COOPERATIVE  REPRESENTATION  SHALL,  CALL A HEARING TO AMEND OR
 TERMINATE SUCH ORDER, AND ANY SUCH AMENDMENT  OR  TERMINATION  SHALL  BE
 EFFECTIVE ONLY UPON APPROVAL OF FIFTY-ONE PER CENTUM OF THE PRODUCERS OF
 MILK  FOR  THE  AREA  REGULATED  PARTICIPATING  IN  A REFERENDUM VOTE AS
 PROVIDED PURSUANT TO THIS PARAGRAPH.
 S. 9008--A                         15                        A. 10008--A
 
   (C) THE COMMISSIONER SHALL  ADMINISTER  AND  ENFORCE  ANY  SUCH  DAIRY
 PROMOTION ORDER WHILE IT IS IN EFFECT, FOR THE PURPOSE OF:
   (I)  ENCOURAGING  THE  CONSUMPTION  OF  MILK  AND  DAIRY  PRODUCTS  BY
 ACQUAINTING CONSUMERS AND OTHERS WITH  THE  ADVANTAGES  AND  ECONOMY  OF
 USING MORE OF SUCH PRODUCTS.
   (II)  PROTECTING  THE  HEALTH  AND WELFARE OF CONSUMERS BY ASSURING AN
 ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS.
   (III) PROVIDING FOR RESEARCH PROGRAMS  DESIGNED  TO  DEVELOP  NEW  AND
 IMPROVED DAIRY PRODUCTS.
   (IV)  PROVIDING  FOR  RESEARCH PROGRAMS DESIGNED TO ACQUAINT CONSUMERS
 AND THE PUBLIC GENERALLY WITH THE EFFECTS OF THE USE OF MILK  AND  DAIRY
 PRODUCTS ON THE HEALTH OF SUCH CONSUMERS.
   (D)  CARRYING  OUT,  IN  OTHER WAYS, THE DECLARED POLICY AND INTENT OF
 THIS SECTION.
   4. PROVISIONS OF DAIRY PROMOTION ORDERS. ANY DAIRY PROMOTION ORDER  OR
 ORDERS MAY CONTAIN, AMONG OTHERS, ANY OR ALL OF THE FOLLOWING:
   (A)  PROVISION FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT
 TO THE REGULATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUCH
 ORDER AND TO PAY THE COST OF ADMINISTERING AND ENFORCING SUCH ORDER.  IN
 ORDER  TO COLLECT ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH
 MILK DEALER WHO RECEIVES MILK FROM PRODUCERS TO  DEDUCT  THE  AMOUNT  OF
 ASSESSMENT FROM MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIV-
 ERED.  THE  RATE  OF  SUCH  ASSESSMENT SHALL NOT EXCEED TWO PER CENT PER
 HUNDREDWEIGHT OF THE GROSS VALUE OF THE PRODUCER'S MILK, AND  THERE  MAY
 BE  CREDITED  AGAINST  ANY SUCH ASSESSMENT THE AMOUNTS PER HUNDREDWEIGHT
 OTHERWISE PAID BY  ANY  PRODUCER  COVERED  BY  THE  ORDER  BY  VOLUNTARY
 CONTRIBUTION  OR  OTHERWISE  PURSUANT TO ANY OTHER FEDERAL OR STATE MILK
 MARKET ORDER FOR ANY SIMILAR RESEARCH PROMOTION OR  PROGRAM.    NOTWITH-
 STANDING  THE  PROVISIONS  OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS
 SECTION, THE COMMISSIONER, UPON WRITTEN PETITION OF NO LESS  THAN  TWEN-
 TY-FIVE  PER  CENT  OF  PRODUCERS  IN THE AREA, EITHER AS INDIVIDUALS OR
 THROUGH COOPERATIVE REPRESENTATION, MAY CALL  A  HEARING  FOR  THE  SOLE
 PURPOSE  OF  ESTABLISHING  A  NEW  RATE  OF ASSESSMENT HEREUNDER AND MAY
 SUBMIT A PROPOSED CHANGE IN THE RATE OF ASSESSMENT TO THE PRODUCERS  FOR
 ACCEPTANCE  OR  REJECTION  WITHOUT  OTHERWISE  AFFECTING  THE ORDER. THE
 PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER  AS  INDIVID-
 UALS  OR THROUGH COOPERATIVE REPRESENTATION. NOTWITHSTANDING THE FOREGO-
 ING PROVISIONS OF THIS PARAGRAPH AND OF  PARAGRAPH  (B)  OF  SUBDIVISION
 THREE OF THIS SECTION, OR THE PROVISIONS OF ANY ORDER PROMULGATED PURSU-
 ANT TO THIS SECTION, THE RATE OF ASSESSMENT, FOR ANY PERIOD DURING WHICH
 A  DAIRY  PRODUCTS  PROMOTION AND RESEARCH ORDER ESTABLISHED PURSUANT TO
 THE FEDERAL DAIRY AND TOBACCO ADJUSTMENT ACT OF 1983 IS IN EFFECT, SHALL
 NOT BE LESS THAN AN AMOUNT EQUAL TO THE MAXIMUM CREDIT  WHICH  PRODUCERS
 PARTICIPATING  IN  THIS  STATE'S  DAIRY  PRODUCTS PROMOTION OR NUTRITION
 EDUCATION PROGRAMS MAY RECEIVE PURSUANT TO SUBDIVISION  (G)  OF  SECTION
 113 OF SUCH FEDERAL ACT.
   (B)  PROVISION  FOR  PAYMENTS TO ORGANIZATIONS ENGAGED IN CAMPAIGNS BY
 ADVERTISEMENTS OR OTHERWISE, INCLUDING PARTICIPATION IN SIMILAR REGIONAL
 OR NATIONAL PLANS OR CAMPAIGNS TO PROMOTE THE INCREASED  CONSUMPTION  OF
 MILK  AND DAIRY PRODUCTS, TO ACQUAINT THE PUBLIC WITH THE DIETARY ADVAN-
 TAGES OF MILK AND DAIRY PRODUCTS AND WITH THE ECONOMY OF THEIR INCLUSION
 IN THE DIET AND TO COMMAND, FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTEN-
 TION CONSISTENT WITH THEIR IMPORTANCE AND VALUE.
   (C) PROVISION FOR PAYMENTS TO INSTITUTIONS OR ORGANIZATIONS ENGAGED IN
 RESEARCH LEADING TO THE DEVELOPMENT OF NEW OR IMPROVED DAIRY PRODUCTS OR
 S. 9008--A                         16                        A. 10008--A
 
 RESEARCH WITH RESPECT TO THE VALUE OF MILK AND  DAIRY  PRODUCTS  IN  THE
 HUMAN DIET.
   (D) PROVISION FOR REQUIRING RECORDS TO BE KEPT AND REPORTS TO BE FILED
 BY  MILK  DEALERS  WITH RESPECT TO MILK RECEIVED FROM PRODUCERS AND WITH
 RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
   (E) PROVISION FOR THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS FOR
 THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
   (F) PROVISION FOR AN ADVISORY BOARD AS HEREINAFTER INDICATED.
   (G) SUCH OTHER PROVISIONS  AS  MAY  BE  NECESSARY  TO  EFFECTUATE  THE
 DECLARED POLICIES OF THIS SECTION.
   5.  MATTERS  TO  BE CONSIDERED. IN CARRYING OUT THE PROVISIONS OF THIS
 SECTION AND PARTICULARLY IN DETERMINING WHETHER OR NOT A DAIRY PROMOTION
 ORDER SHALL BE ISSUED, THE COMMISSIONER SHALL TAKE  INTO  CONSIDERATION,
 AMONG OTHERS, FACTS AVAILABLE TO THEM WITH RESPECT TO THE FOLLOWING:
   (A)  THE  TOTAL  PRODUCTION  OF MILK IN THE AREA AND THE PROPORTION OF
 SUCH MILK BEING UTILIZED IN FLUID FORM AND IN OTHER PRODUCTS;
   (B) THE PRICES BEING RECEIVED FOR MILK BY PRODUCERS IN THE AREA;
   (C) THE LEVEL OF CONSUMPTION PER CAPITA FOR FLUID MILK  AND  OF  OTHER
 DAIRY PRODUCTS;
   (D) THE PURCHASING POWER OF CONSUMERS; AND
   (E)  OTHER  PRODUCTS  WHICH  COMPETE  WITH MILK AND DAIRY PRODUCTS AND
 PRICES OF SUCH PRODUCTS.
   6. INTERSTATE ORDERS FOR COMPACTS. THE COMMISSIONER IS  AUTHORIZED  TO
 CONFER  AND  COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER
 STATES AND OF THE UNITED STATES WITH RESPECT TO THE ISSUANCE AND  OPERA-
 TION  OF JOINT AND CONCURRENT DAIRY PROMOTION ORDERS OR OTHER ACTIVITIES
 TENDING TO CARRY OUT THE DECLARED INTENT OF THIS  SECTION.  THE  COMMIS-
 SIONER MAY JOIN WITH SUCH OTHER AUTHORITIES IN CONDUCTING JOINT INVESTI-
 GATIONS,  HOLDING  JOINT HEARINGS, AND ISSUING JOINT OR CONCURRENT ORDER
 OR ORDERS COMPLEMENTARY TO THOSE OF THE  FEDERAL  GOVERNMENT  AND  SHALL
 HAVE  THE  AUTHORITY TO EMPLOY OR DESIGNATE A JOINT AGENT OR JOINT AGEN-
 CIES TO CARRY OUT AND ENFORCE SUCH JOINT, CONCURRENT,  OR  SUPPLEMENTARY
 ORDERS.
   7.  PRIOR  ASSESSMENTS.  PRIOR  TO  THE  EFFECTIVE  DATE  OF ANY DAIRY
 PROMOTION ORDER AS  PROVIDED  IN  THIS  SECTION,  THE  COMMISSIONER  MAY
 REQUIRE  THAT  COOPERATIVES  WHICH HAVE PETITIONED FOR SUCH AN ORDER AND
 WHO HAVE APPROVED OF THE ISSUANCE OF SUCH AN ORDER, TO DEPOSIT WITH  THE
 COMMISSIONER  SUCH  AMOUNTS  AS  THE  COMMISSIONER MAY DEEM NECESSARY TO
 DEFRAY THE EXPENSE OF ADMINISTERING AND ENFORCING SUCH ORDER UNTIL  SUCH
 TIME  AS THE ASSESSMENTS AS HEREIN BEFORE PROVIDED ARE ADEQUATE FOR THAT
 PURPOSE. SUCH FUNDS SHALL BE RECEIVED, DEPOSITED, AND DISBURSED  BY  THE
 COMMISSIONER IN THE SAME MANNER AS OTHER FUNDS RECEIVED PURSUANT TO THIS
 SECTION  AND THE COMMISSIONER SHALL REIMBURSE THOSE WHO PAID THESE PRIOR
 ASSESSMENTS FROM OTHER FUNDS RECEIVED PURSUANT TO THIS SECTION.
   8. STATUS OF FUNDS. ANY MONEYS COLLECTED UNDER ANY MARKET ORDER ISSUED
 PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO BE STATE FUNDS AND SHALL
 BE DEPOSITED IN A BANK OR OTHER DEPOSITORY IN THIS  STATE,  APPROVED  BY
 THE  COMMISSIONER  AND  THE  STATE  COMPTROLLER, ALLOCATED TO EACH DAIRY
 PROMOTION ORDER UNDER WHICH THEY WERE COLLECTED, AND SHALL BE  DISBURSED
 BY  THE  COMMISSIONER  ONLY  FOR  THE NECESSARY EXPENSES INCURRED BY THE
 COMMISSIONER WITH RESPECT TO EACH SEPARATE ORDER, ALL IN ACCORDANCE WITH
 THE RULES AND REGULATIONS OF THE COMMISSIONER. ALL SUCH  EXPENSES  SHALL
 BE  AUDITED BY THE STATE COMPTROLLER AT LEAST ANNUALLY AND WITHIN THIRTY
 DAYS AFTER THE COMPLETION THEREOF THE STATE  COMPTROLLER  SHALL  GIVE  A
 COPY  THEREOF  TO  THE  COMMISSIONER.  ANY MONEYS REMAINING IN SUCH FUND
 ALLOCABLE TO A PARTICULAR ORDER, AFTER THE TERMINATION OF SUCH ORDER AND
 S. 9008--A                         17                        A. 10008--A
 
 NOT REQUIRED BY THE COMMISSIONER TO DEFRAY  THE  EXPENSES  OF  OPERATING
 SUCH  ORDER,  MAY IN THE DISCRETION OF THE COMMISSIONER BE REFUNDED ON A
 PRO-RATA BASIS TO  ALL  PERSONS  FROM  WHOM  ASSESSMENTS  THEREFOR  WERE
 COLLECTED;  PROVIDED,  HOWEVER,  THAT IF THE COMMISSIONER FINDS THAT THE
 AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTA-
 TION AND REFUNDING OF SUCH MONEYS, THE COMMISSIONER MAY USE SUCH  MONEYS
 TO  DEFRAY  THE EXPENSES INCURRED BY THEM IN THE PROMULGATION, ISSUANCE,
 ADMINISTRATION OR ENFORCEMENT OF ANY OTHER SIMILAR DAIRY PROMOTION ORDER
 OR IN THE ABSENCE OF ANY OTHER SUCH DAIRY PROMOTION ORDER,  THE  COMMIS-
 SIONER  MAY  PAY  SUCH  MONEYS  TO  ANY  ORGANIZATION  OR INSTITUTION AS
 PROVIDED IN PARAGRAPH (B) OR (C) OF SUBDIVISION FOUR OF THIS SECTION.
   9. BUDGET. THE COMMISSIONER SHALL PREPARE A BUDGET  FOR  THE  ADMINIS-
 TRATION AND OPERATING COSTS AND EXPENSES INCLUDING ADVERTISING AND SALES
 PROMOTION  WHEN REQUIRED IN ANY DAIRY PROMOTION ORDER EXECUTED HEREUNDER
 AND TO PROVIDE FOR THE COLLECTION OF SUCH NECESSARY FEES OR  ASSESSMENTS
 TO  DEFRAY  COSTS  AND  EXPENSES,  IN  NO CASE TO EXCEED TWO PERCENT PER
 HUNDREDWEIGHT OF THE GROSS VALUE OF MILK MARKETED BY  PRODUCERS  IN  THE
 AREA COVERED BY THE ORDER.
   10.  ADVISORY  BOARD. (A) ANY DAIRY PROMOTION ORDER ISSUED PURSUANT TO
 THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD TO
 ADVISE AND ASSIST THE COMMISSIONER IN THE ADMINISTRATION OF SUCH  ORDER.
 THIS  BOARD  SHALL  CONSIST  OF  NOT LESS THAN FIVE MEMBERS AND SHALL BE
 APPOINTED BY THE COMMISSIONER FROM NOMINATIONS  SUBMITTED  BY  PRODUCERS
 MARKETING MILK IN THE AREA TO WHICH THE ORDER APPLIES. NOMINATING PROCE-
 DURE,  QUALIFICATION,  REPRESENTATION,  AND  SIZE  OF THE ADVISORY BOARD
 SHALL BE PRESCRIBED IN THE ORDER FOR WHICH SUCH BOARD WAS APPOINTED.
   (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
 ENTITLED TO REIMBURSEMENT OF THE MEMBER'S ACTUAL AND REASONABLE EXPENSES
 INCURRED WHILE PERFORMING SUCH MEMBER'S DUTIES AS AUTHORIZED HEREIN.
   (C) THE DUTIES AND RESPONSIBILITIES OF THE  ADVISORY  BOARD  SHALL  BE
 PRESCRIBED  BY  THE  COMMISSIONER, AND THE COMMISSIONER MAY SPECIFICALLY
 DELEGATE TO THE ADVISORY BOARD, BY  INCLUSION  IN  THE  DAIRY  PROMOTION
 ORDER, ALL OR ANY OF THE FOLLOWING DUTIES AND RESPONSIBILITIES:
   (I) THE RECOMMENDATION TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND
 REGULATIONS RELATING TO THE ORDER.
   (II)  RECOMMENDING TO THE COMMISSIONER SUCH AMENDMENTS TO THE ORDER AS
 SEEMS ADVISABLE.
   (III) THE PREPARATION AND SUBMISSION TO THE COMMISSIONER OF  AN  ESTI-
 MATED BUDGET REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
   (IV)  RECOMMENDING TO THE COMMISSIONER METHODS FOR ASSESSING PRODUCERS
 AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
   (V) ASSISTING THE COMMISSIONER  IN  THE  COLLECTION  AND  ASSEMBLY  OF
 INFORMATION  AND  DATA  NECESSARY  FOR  THE PROPER ADMINISTRATION OF THE
 ORDER.
   (VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER
 AS THE COMMISSIONER SHALL DESIGNATE.
   11. RULES AND REGULATIONS ENFORCEMENT. (A) THE COMMISSIONER MAY,  WITH
 THE  ADVICE  AND  ASSISTANCE  OF THE ADVISORY BOARD, MAKE AND ISSUE SUCH
 RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE  THE  PROVISIONS
 AND  INTENT  OF  THIS SECTION AND TO ENFORCE THE PROVISIONS OF ANY DAIRY
 PROMOTION ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW.
   (B) THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY  AS
 MAY  APPEAR  NECESSARY  TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS
 SECTION, OR ANY RULE OR REGULATION, OR DAIRY PROMOTION  ORDER  COMMITTED
 TO THE COMMISSIONER'S ADMINISTRATION, AND IN ADDITION TO ANY OTHER REME-
 DY  UNDER  ARTICLE  THREE  OF  THIS  CHAPTER OR OTHERWISE, MAY APPLY FOR
 S. 9008--A                         18                        A. 10008--A
 
 RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
 BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT  LAW  DOES
 NOT  EXIST.  SUCH  APPLICATION SHALL BE MADE TO THE SUPREME COURT IN ANY
 DISTRICT  OR  COUNTY  PROVIDED IN THE CIVIL PRACTICE LAW OR RULES, OR TO
 THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
   § 2. The agriculture and markets law is amended by adding a new  arti-
 cle 25 to read as follows:
                                ARTICLE 25
                    MARKETING OF AGRICULTURAL PRODUCTS
 SECTION 291. LEGISLATIVE DECLARATION.
         292. DEFINITIONS.
         293. POWERS AND DUTIES OF THE COMMISSIONER.
         294. RULES AND REGULATIONS; ENFORCEMENT.
   § 291. LEGISLATIVE DECLARATION. IT IS HEREBY DECLARED THAT THE MARKET-
 ING  OF  AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS IN THIS STATE, IN
 EXCESS OF REASONABLE AND  NORMAL  MARKET  DEMANDS  THEREFOR;  DISORDERLY
 MARKETING  OF SUCH COMMODITIES; IMPROPER PREPARATION FOR MARKET AND LACK
 OF UNIFORM GRADING AND CLASSIFICATION OF  AGRICULTURAL  COMMODITIES  AND
 AQUATIC PRODUCTS; UNFAIR METHODS OF COMPETITION IN THE MARKETING OF SUCH
 COMMODITIES AND THE INABILITY OF INDIVIDUAL PRODUCERS TO DEVELOP NEW AND
 LARGER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS, RESULT
 IN  AN  UNREASONABLE  AND UNNECESSARY ECONOMIC WASTE OF THE AGRICULTURAL
 WEALTH OF THIS STATE. SUCH CONDITIONS AND THE ACCOMPANYING  WASTE  JEOP-
 ARDIZE THE FUTURE CONTINUED PRODUCTION OF ADEQUATE FOOD SUPPLIES FOR THE
 PEOPLE  OF  THIS  AND OTHER STATES. THESE CONDITIONS VITALLY CONCERN THE
 HEALTH, SAFETY, AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE.  IT  IS
 THEREFORE DECLARED THE LEGISLATIVE PURPOSE AND THE POLICY OF THIS STATE:
   1.  TO  ENABLE  AGRICULTURAL  PRODUCERS  AND AQUATIC PRODUCERS OF THIS
 STATE, WITH THE AID OF THE STATE,  MORE  EFFECTIVELY  TO  CORRELATE  THE
 MARKETING  OF  THEIR  AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS WITH
 MARKET DEMANDS THEREFOR.
   2. TO ESTABLISH ORDERLY, EFFICIENT, AND EQUITABLE MARKETING  OF  AGRI-
 CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
   3.  TO  PROVIDE FOR UNIFORM GRADING AND PROPER PREPARATION OF AGRICUL-
 TURAL COMMODITIES AND AQUATIC PRODUCTS FOR MARKET.
   4. TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND  LARGER
 MARKETS  FOR  AGRICULTURAL  COMMODITIES AND AQUATIC PRODUCTS PRODUCED IN
 NEW YORK.
   5. TO ELIMINATE OR REDUCE THE ECONOMIC WASTE IN THE MARKETING OF AGRI-
 CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
   6. TO ELIMINATE UNJUST IMPAIRMENT OF THE PURCHASING POWER  OF  AQUATIC
 PRODUCERS AND THE AGRICULTURAL PRODUCERS OF THIS STATE.
   7.  TO AID AGRICULTURAL AND AQUATIC PRODUCERS IN MAINTAINING AN INCOME
 AT AN ADEQUATE AND EQUITABLE LEVEL.
   § 292. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "AGRICULTURAL COMMODITY" MEANS ANY AND ALL AGRICULTURAL, HORTICUL-
 TURAL, VINEYARD PRODUCTS, CORN FOR GRAIN, OATS, SOYBEANS, BARLEY, WHEAT,
 POULTRY OR POULTRY PRODUCTS, BEES, MAPLE SAP  AND  PURE  MAPLE  PRODUCTS
 PRODUCED  THEREFROM,  CHRISTMAS  TREES,  LIVESTOCK, INCLUDING SWINE, AND
 HONEY, SOLD IN THE STATE EITHER IN THEIR NATURAL STATE OR  AS  PROCESSED
 BY  THE  PRODUCER  THEREOF  BUT  DOES NOT INCLUDE MILK, TIMBER OR TIMBER
 PRODUCTS, OTHER THAN CHRISTMAS TREES, ALL HAY, RYE  AND  LEGUMES  EXCEPT
 FOR SOYBEANS.
   2. "AQUACULTURE" MEANS THE CULTURE, CULTIVATION AND HARVEST OF AQUATIC
 PLANTS AND ANIMALS.
 S. 9008--A                         19                        A. 10008--A
 
   3.  "AQUATIC  PRODUCTS"  MEANS  ANY  FOOD  OR  FIBER PRODUCTS OBTAINED
 THROUGH THE  PRACTICE  OF  AQUACULTURE,  INCLUDING  MARICULTURE;  OR  BY
 HARVEST  FROM  THE  SEA WHEN SUCH PRODUCTS ARE CULTURED OR LANDED IN NEW
 YORK STATE. SUCH PRODUCTS INCLUDE BUT ARE NOT LIMITED TO  FISH,  SHELLF-
 ISH, SEAWEED, OR OTHER WATER-BASED PLANT LIFE.
   4.  "PRODUCER" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN THE BUSI-
 NESS OF PRODUCING, OR CAUSING TO BE PRODUCED FOR ANY MARKET,  ANY  AGRI-
 CULTURAL COMMODITY OR AQUATIC PRODUCT.
   5.  "HANDLER"  MEANS  ANY  PERSON ENGAGED IN THE OPERATION OF PACKING,
 GRADING, SELLING, OFFERING FOR SALE, OR MARKETING ANY  MARKETABLE  AGRI-
 CULTURAL  COMMODITIES OR AQUATIC PRODUCTS, WHO AS OWNER, AGENT OR OTHER-
 WISE SHIPS OR CAUSES AN AGRICULTURAL COMMODITY TO BE SHIPPED.
   6. "PROCESSOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN  PROCESS-
 ING, OR IN THE OPERATION OF RECEIVING, GRADING, PACKING, CANNING, FREEZ-
 ING, DEHYDRATING, FERMENTING, DISTILLING, EXTRACTING, PRESERVING, GRIND-
 ING, CRUSHING, OR IN ANY OTHER WAY PRESERVING OR CHANGING THE FORM OF AN
 AGRICULTURAL  PRODUCT  OR  AQUATIC  PRODUCT FOR THE PURPOSE OF MARKETING
 SUCH COMMODITY BUT SHALL NOT INCLUDE A PERSON ENGAGED  IN  MANUFACTURING
 FROM  AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT ANOTHER AND DIFFERENT
 PRODUCT.
   7. "DISTRIBUTOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE, IN  SELL-
 ING,  OFFERING  FOR  SALE,  MARKETING  OR  DISTRIBUTING  AN AGRICULTURAL
 COMMODITY OR AQUATIC PRODUCT WHICH THEY HAVE PURCHASED OR ACQUIRED  FROM
 A  PRODUCER  OR  OTHER PERSON OR WHICH THEY ARE MARKETING ON BEHALF OF A
 PRODUCER OR OTHER PERSON, WHETHER AS OWNER, AGENT, EMPLOYEE,  BROKER  OR
 OTHERWISE,  BUT  SHALL  NOT INCLUDE A RETAILER, EXCEPT SUCH RETAILER WHO
 PURCHASES OR ACQUIRES FROM, OR HANDLES ON  BEHALF  OF  ANY  PRODUCER  OR
 OTHER  PERSON,  AN  AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SUBJECT TO
 REGULATION BY THE MARKETING AGREEMENT OR ORDER COVERING SUCH COMMODITY.
   8. "MARKETING AGREEMENT" MEANS AN AGREEMENT  ENTERED  INTO,  WITH  THE
 APPROVAL OF THE COMMISSIONER, BY PRODUCERS WITH DISTRIBUTORS, PROCESSORS
 AND  HANDLERS  REGULATING THE PREPARATION, SALE AND HANDLING OF AGRICUL-
 TURAL COMMODITIES OR AQUATIC PRODUCTS.
   9. "MARKETING ORDER" MEANS AN ORDER ISSUED BY THE COMMISSIONER  PURSU-
 ANT  TO  THIS  ARTICLE,  PRESCRIBING RULES AND REGULATIONS GOVERNING THE
 MARKETING FOR PROCESSING, THE DISTRIBUTING, THE SALE OF, OR THE HANDLING
 IN ANY MANNER OF ANY AGRICULTURAL COMMODITY OR AQUATIC PRODUCT  SOLD  IN
 THIS STATE DURING ANY SPECIFIED PERIOD OR PERIODS.
   §  293. POWERS AND DUTIES OF THE COMMISSIONER. 1. IN ORDER TO EFFECTU-
 ATE THE DECLARED POLICY OF THIS ARTICLE, THE COMMISSIONER MAY, AFTER DUE
 NOTICE AND OPPORTUNITY FOR HEARING, APPROVE MARKETING AGREEMENTS,  WHICH
 MARKETING  AGREEMENTS  SHALL  THEREUPON  BE BINDING UPON THE SIGNATORIES
 THERETO EXCLUSIVELY.
   2. THE COMMISSIONER MAY MAKE AND ISSUE  MARKETING  ORDERS,  AFTER  DUE
 NOTICE AND OPPORTUNITY FOR HEARING, SUBJECT TO:
   (A)  APPROVAL  OF NOT LESS THAN SIXTY-SIX AND TWO-THIRDS PER CENTUM OF
 THE PRODUCERS PARTICIPATING IN A REFERENDUM IN THE AREA AFFECTED, OR
   (B) APPROVAL OF NOT LESS THAN SIXTY-FIVE PER CENTUM OF  THE  PRODUCERS
 PARTICIPATING  IN  A  REFERENDUM  VOTE, IN THE AREA AFFECTED, AND HAVING
 MARKETED NOT LESS THAN FIFTY-ONE PER CENTUM OF THE TOTAL QUANTITY OF THE
 COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING MARKETING  SEASON  BY
 ALL PRODUCERS THAT VOTED IN THE REFERENDUM, OR
   (C)  APPROVAL  OF  NOT LESS THAN FIFTY-ONE PER CENTUM OF THE PRODUCERS
 PARTICIPATING IN A REFERENDUM VOTE, IN THE  AREA  AFFECTED,  AND  HAVING
 MARKETED  NOT  LESS  THAN SIXTY-FIVE PER CENTUM OF THE TOTAL QUANTITY OF
 S. 9008--A                         20                        A. 10008--A
 
 THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING MARKETING  SEASON
 BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM.
   3. THE COMMISSIONER MAY AND UPON WRITTEN PETITION DULY SIGNED BY TWEN-
 TY-FIVE  PER  CENTUM OF THE PRODUCERS IN THE AREA SHALL, AMEND OR TERMI-
 NATE SUCH ORDER AFTER  DUE  NOTICE  AND  OPPORTUNITY  FOR  HEARING,  BUT
 SUBJECT  TO  THE  APPROVAL  OF  NOT  LESS  THAN FIFTY PER CENTUM OF SUCH
 PRODUCERS PARTICIPATING IN A REFERENDUM VOTE.
   4. THE COMMISSIONER SHALL ADMINISTER AND ENFORCE ANY MARKETING  ORDER,
 WHILE IT IS IN EFFECT, TO:
   (A)  ENCOURAGE  AND  MAINTAIN  STABLE PRICES RECEIVED BY PRODUCERS FOR
 SUCH AGRICULTURAL COMMODITY AND AQUATIC PRODUCT  AT  A  LEVEL  WHICH  IS
 CONSISTENT WITH THE PROVISIONS AND AIMS OF THIS ARTICLE.
   (B)  PREVENT  THE  UNREASONABLE OR UNNECESSARY WASTE OF LAND OR WATER-
 BASED WEALTH.
   (C) PROTECT THE INTERESTS OF CONSUMERS OF SUCH COMMODITY, BY  EXERCIS-
 ING  THE POWERS OF THIS ARTICLE TO SUCH EXTENT AS IS NECESSARY TO EFFEC-
 TUATE THE PURPOSES OF THIS ARTICLE.
   (D) PREPARE A BUDGET FOR THE ADMINISTRATION AND  OPERATING  COSTS  AND
 EXPENSES  INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY
 MARKETING AGREEMENT OR ORDER EXECUTED HEREUNDER AND TO PROVIDE  FOR  THE
 COLLECTION  OF SUCH NECESSARY FEES TO DEFRAY SUCH COSTS AND EXPENSES, IN
 NO CASE TO EXCEED FIVE PERCENT OF THE GROSS DOLLAR VOLUME  OF  SALES  OR
 DOLLAR VOLUME OF PURCHASES OR AMOUNTS HANDLED, TO BE COLLECTED FROM EACH
 PERSON ENGAGED IN THE PRODUCTION, PROCESSING, DISTRIBUTING OR THE HANDL-
 ING  OF  ANY  MARKETABLE  AGRICULTURAL  COMMODITY  AND  AQUATIC  PRODUCT
 PRODUCED OR LANDED IN THIS STATE AND DIRECTLY AFFECTED BY ANY  MARKETING
 ORDER ISSUED PURSUANT TO THIS ARTICLE FOR SUCH COMMODITY.
   (E)  CONFER  AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF
 OTHER STATES AND THE UNITED STATES.
   5. ANY MARKETING AGREEMENT OR ORDER ISSUED BY THE COMMISSIONER  PURSU-
 ANT TO THIS ARTICLE MAY CONTAIN ANY OR ALL OF THE FOLLOWING:
   (A) PROVISIONS FOR DETERMINING THE EXISTENCE AND EXTENT OF THE SURPLUS
 OF  ANY AGRICULTURAL COMMODITY, OR OF ANY GRADE, SIZE, OR QUALITY THERE-
 OF, AND PROVIDING FOR THE REGULATION AND DISPOSITION OF SUCH SURPLUS.
   (B) PROVISIONS FOR LIMITING THE TOTAL  QUANTITY  OF  ANY  AGRICULTURAL
 PRODUCT,  OR  OF  ANY  GRADE  OR  GRADES,  SIZE  OR SIZES, OR QUALITY OR
 PORTIONS OR COMBINATIONS THEREOF, WHICH MAY BE MARKETED DURING ANY SPEC-
 IFIED PERIOD OR PERIODS. SUCH TOTAL QUANTITY OF ANY  SUCH  COMMODITY  SO
 REGULATED  SHALL  NOT  BE  LESS THAN THE QUANTITY WHICH THE COMMISSIONER
 SHALL FIND IS REASONABLY  NECESSARY  TO  SUPPLY  THE  MARKET  DEMAND  OF
 CONSUMERS FOR SUCH COMMODITY.
   (C)  PROVISIONS  REGULATING  THE  PERIOD, OR PERIODS, DURING WHICH ANY
 AGRICULTURAL COMMODITY, OR ANY GRADE OR GRADES, SIZE OR SIZES OR QUALITY
 OR PORTIONS OR COMBINATIONS OF SUCH COMMODITY, MAY BE MARKETED.
   (D) PROVISIONS FOR THE ESTABLISHMENT OF  UNIFORM  GRADING,  STANDARDS,
 AND  INSPECTION  OF ANY AGRICULTURAL COMMODITY DELIVERED BY PRODUCERS OR
 OTHER PERSONS TO HANDLERS, PROCESSORS, DISTRIBUTORS OR  OTHERS  ENGAGING
 IN  THE HANDLING THEREOF, AND FOR THE ESTABLISHMENT OF GRADING OR STAND-
 ARDS OF QUALITY, CONDITION, SIZE, MATURITY OR PACK FOR ANY  AGRICULTURAL
 COMMODITY,  AND  THE INSPECTION AND GRADING OF SUCH COMMODITY IN ACCORD-
 ANCE WITH SUCH GRADING OR STANDARDS SO ESTABLISHED; AND  FOR  PROVISIONS
 THAT  NO PRODUCER, HANDLER, PROCESSOR OR DISTRIBUTOR OF ANY AGRICULTURAL
 COMMODITY FOR WHICH GRADING OR STANDARDS ARE SO ESTABLISHED MAY,  EXCEPT
 AS  OTHERWISE PROVIDED IN SUCH MARKETING AGREEMENT OR ORDER, SELL, OFFER
 FOR SALE, PROCESS, DISTRIBUTE OR OTHERWISE  HANDLE  ANY  SUCH  COMMODITY
 WHETHER PRODUCED WITHIN OR WITHOUT THIS STATE, NOT MEETING AND COMPLYING
 S. 9008--A                         21                        A. 10008--A
 
 WITH  SUCH  ESTABLISHED  GRADING  OR STANDARDS. FOR THE PURPOSES OF THIS
 ARTICLE,  THE  FEDERAL-STATE  INSPECTION  SERVICE  SHALL   PERFORM   ALL
 INSPECTIONS MADE NECESSARY BY SUCH PROVISIONS.
   (E)  PROVISIONS FOR THE ESTABLISHMENT OF RESEARCH PROGRAMS DESIGNED TO
 BENEFIT A SPECIFIED COMMODITY OR NEW YORK AGRICULTURE IN GENERAL.
   (F) SUCH OTHER PROVISIONS  AS  MAY  BE  NECESSARY  TO  EFFECTUATE  THE
 DECLARED POLICIES OF THIS ARTICLE.
   (G)  PROVISIONS TO ESTABLISH MARKETING PROMOTION AND RESEARCH PROGRAMS
 FOR AQUATIC PRODUCTS WHICH MAY INCLUDE PARAGRAPHS  (A)  THROUGH  (F)  OF
 THIS SUBDIVISION.
   6. THE COMMISSIONER MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC-
 TIVE MARKETING ORDER FOR A CONTINUING PERIOD OF NO LONGER THAN ONE GROW-
 ING  AND  MARKETING  SEASON,  IF THE PURPOSES OF THIS ARTICLE ARE DEEMED
 UNNECESSARY DURING SUCH SEASON.
   7. IN CARRYING OUT THE PURPOSES  OF  THIS  ARTICLE,  THE  COMMISSIONER
 SHALL  TAKE  INTO CONSIDERATION ANY AND ALL FACTS AVAILABLE TO THEM WITH
 RESPECT TO THE FOLLOWING ECONOMIC FACTORS:
   (A) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY AVAILABLE FOR DISTRIB-
 UTION.
   (B) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY NORMALLY  REQUIRED  BY
 CONSUMERS.
   (C) THE COST OF PRODUCING SUCH AGRICULTURAL COMMODITY.
   (D) THE PURCHASING POWER OF CONSUMERS.
   (E)  THE  LEVEL OF PRICES OF COMMODITIES, SERVICES, AND ARTICLES WHICH
 THE FARMERS COMMONLY BUY.
   (F) THE LEVEL OF PRICES OF OTHER COMMODITIES WHICH COMPETE WITH OR ARE
 UTILIZED AS SUBSTITUTES FOR SUCH AGRICULTURAL COMMODITY.
   8. THE EXECUTION OF SUCH  MARKETING  AGREEMENTS  SHALL  IN  NO  MANNER
 AFFECT  THE  ISSUANCE,  ADMINISTRATION  OR  ENFORCEMENT OF ANY MARKETING
 ORDER PROVIDED FOR IN THIS ARTICLE.  THE  COMMISSIONER  MAY  ISSUE  SUCH
 MARKETING ORDER WITHOUT EXECUTING A MARKETING AGREEMENT OR MAY EXECUTE A
 MARKETING  AGREEMENT WITHOUT ISSUING A MARKETING ORDER COVERING THE SAME
 COMMODITY.  THE COMMISSIONER, IN THEIR DISCRETION, MAY HOLD A CONCURRENT
 HEARING UPON A PROPOSED MARKETING AGREEMENT  AND  A  PROPOSED  MARKETING
 ORDER  IN  THE MANNER PROVIDED FOR GIVING DUE NOTICE AND OPPORTUNITY FOR
 HEARING FOR A MARKETING ORDER AS PROVIDED IN THIS ARTICLE.
   9. PRIOR TO THE ISSUANCE, AMENDMENT OR TERMINATION  OF  ANY  MARKETING
 ORDER,  THE  COMMISSIONER  MAY REQUIRE THE APPLICANTS FOR SUCH ISSUANCE,
 AMENDMENT, OR TERMINATION TO DEPOSIT WITH THEM SUCH AMOUNT AS  THEY  MAY
 DEEM  NECESSARY TO DEFRAY THE EXPENSES OF PREPARING AND MAKING EFFECTIVE
 AMENDING OR TERMINATING A MARKETING ORDER. SUCH FUNDS SHALL BE RECEIVED,
 DEPOSITED, AND DISBURSED BY THE COMMISSIONER IN THE SAME MANNER AS OTHER
 FEES RECEIVED BY THE COMMISSIONER UNDER THIS ARTICLE AND, IN  THE  EVENT
 THE  APPLICATION  FOR  ADOPTION, AMENDMENT OR TERMINATION OF A MARKETING
 ORDER IS APPROVED IN A REFERENDUM, THE COMMISSIONER SHALL REIMBURSE  ANY
 SUCH  APPLICANT  IN  THE  AMOUNT OF ANY SUCH DEPOSIT FROM ANY UNEXPENDED
 MONIES COLLECTED UNDER THE MARKETING ORDER AFFECTED BY SUCH REFERENDUM.
   10. ANY MONEYS COLLECTED BY THE COMMISSIONER PURSUANT TO THIS  ARTICLE
 SHALL  NOT  BE  DEEMED  STATE  FUNDS AND SHALL BE DEPOSITED IN A BANK OR
 OTHER DEPOSITORY IN THIS STATE, APPROVED BY THE COMMISSIONER,  ALLOCATED
 TO  EACH  MARKETING  ORDER  UNDER WHICH THEY ARE COLLECTED, AND SHALL BE
 DISBURSED BY THE COMMISSIONER ONLY FOR THE NECESSARY  EXPENSES  INCURRED
 BY  THE COMMISSIONER WITH RESPECT TO EACH SUCH SEPARATE MARKETING ORDER,
 ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS  OF  THE  COMMISSIONER.
 ALL SUCH EXPENDITURES SHALL BE AUDITED BY THE STATE COMPTROLLER AT LEAST
 ANNUALLY  AND  WITHIN THIRTY DAYS AFTER THE COMPLETION THEREOF THE STATE
 S. 9008--A                         22                        A. 10008--A

 COMPTROLLER SHALL GIVE A COPY THEREOF TO THE  COMMISSIONER.  ANY  MONEYS
 REMAINING IN SUCH FUND ALLOCABLE TO ANY PARTICULAR COMMODITY AFFECTED BY
 A  MARKETING  ORDER  MAY,  IN  THE  DISCRETION  OF  THE COMMISSIONER, BE
 REFUNDED  AT  THE CLOSE OF ANY MARKETING SEASON UPON A PRO-RATA BASIS TO
 ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED  OR,  WHENEVER
 THE  COMMISSIONER  FINDS THAT SUCH MONEYS MAY BE NECESSARY TO DEFRAY THE
 COST OF OPERATING SUCH MARKETING ORDER IN A SUCCEEDING MARKETING SEASON,
 THEY MAY CARRY OVER ALL OR ANY PORTION OF SUCH MONEYS INTO THE NEXT SUCH
 SUCCEEDING SEASON. UPON THE  TERMINATION  BY  THE  COMMISSIONER  OF  ANY
 MARKETING  ORDER,  ALL  MONEYS REMAINING AND NOT REQUIRED BY THE COMMIS-
 SIONER TO DEFRAY THE EXPENSES OF OPERATING SUCH MARKETING  ORDER,  SHALL
 BE  REFUNDED  BY  THE  COMMISSIONER UPON A PRO-RATA BASIS TO ALL PERSONS
 FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED,  HOWEVER,  THAT
 IF THE COMMISSIONER FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS
 TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH REFUNDS, THE
 COMMISSIONER  MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY THE
 COMMISSIONER IN THE FORMULATION, ISSUANCE, ADMINISTRATION OR ENFORCEMENT
 OF ANY SUBSEQUENT MARKETING ORDER FOR SUCH COMMODITY.
   11. ADVISORY BOARD. (A) ANY MARKETING ORDER ISSUED  PURSUANT  TO  THIS
 ARTICLE  SHALL  PROVIDE  FOR  THE ESTABLISHMENT OF AN ADVISORY BOARD, TO
 CONSIST OF NOT LESS THAN FIVE MEMBERS NOR MORE  THAN  NINE  MEMBERS,  TO
 ADVISE THE COMMISSIONER IN THE ADMINISTRATION OF SUCH MARKETING ORDER IN
 ACCORDANCE  WITH  ITS  TERMS  AND  PROVISIONS. THE MEMBERS OF SUCH BOARD
 SHALL BE APPOINTED BY THE COMMISSIONER FROM  NOMINATIONS  RECEIVED  FROM
 THE  COMMODITY GROUP FOR WHICH THE MARKETING ORDER IS ESTABLISHED. NOMI-
 NATING PROCEDURE, QUALIFICATION, REPRESENTATION, AND SIZE OF  THE  ADVI-
 SORY  BOARD  SHALL  BE PRESCRIBED IN EACH MARKETING ORDER FOR WHICH SUCH
 BOARD IS APPOINTED. EACH  ADVISORY  BOARD  SHALL  BE  COMPOSED  OF  SUCH
 PRODUCERS  AND  HANDLERS  OR  PROCESSORS AS ARE DIRECTLY AFFECTED BY THE
 MARKETING ORDER IN SUCH PROPORTION OF REPRESENTATION AS THE ORDER  SHALL
 PRESCRIBE.  THE  COMMISSIONER  MAY  APPOINT  ONE PERSON WHO IS NEITHER A
 PRODUCER NOR PROCESSOR NOR OTHER HANDLER TO REPRESENT THE DEPARTMENT  OF
 AGRICULTURE AND MARKETS OR THE PUBLIC GENERALLY.
   (B)  NO  MEMBER  OF AN ADVISORY BOARD SHALL RECEIVE A SALARY, BUT EACH
 SHALL BE ENTITLED TO REIMBURSEMENT  FOR  THE  MEMBER'S  ACTUAL  EXPENSES
 INCURRED  WHILE ENGAGED IN PERFORMING THE MEMBER'S DUTIES HEREIN AUTHOR-
 IZED.
   (C) THE DUTIES AND RESPONSIBILITIES OF EACH ADVISORY  BOARD  SHALL  BE
 PRESCRIBED  BY  THE  COMMISSIONER, AND THEY MAY SPECIFICALLY DELEGATE TO
 THE ADVISORY BOARD, BY INCLUSION IN THE MARKETING ORDER, ALL OR  ANY  OF
 THE FOLLOWING DUTIES AND RESPONSIBILITIES:
   (I) THE RECOMMENDATION TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND
 REGULATIONS RELATING TO THE MARKETING ORDER.
   (II) RECOMMENDING TO THE COMMISSIONER SUCH AMENDMENTS TO THE MARKETING
 ORDER AS SEEM ADVISABLE.
   (III)  THE PREPARATION AND SUBMISSION TO THE COMMISSIONER OF THE ESTI-
 MATED BUDGET REQUIRED OR THE PROPER OPERATION OF THE MARKETING ORDER.
   (IV) RECOMMENDING TO THE COMMISSIONER METHODS FOR ASSESSING MEMBERS OF
 THE INDUSTRY AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
   (V) ASSISTING THE COMMISSIONER IN THE  COLLECTION  AND  ASSEMBLING  OF
 INFORMATION  AND  DATA  NECESSARY  TO  THE  PROPER ADMINISTRATION OF THE
 ORDER.
   (VI) THE PERFORMANCE OF SUCH  OTHER  DUTIES  IN  CONNECTION  WITH  THE
 MARKETING ORDER AS THE COMMISSIONER SHALL DESIGNATE.
   §  294.  RULES  AND  REGULATIONS; ENFORCEMENT. 1. THE COMMISSIONER MAY
 MAKE AND PROMULGATE SUCH RULES AND REGULATIONS AS MAY  BE  NECESSARY  TO
 S. 9008--A                         23                        A. 10008--A
 
 EFFECTUATE  THE PROVISIONS AND INTENT OF THIS ARTICLE AND TO ENFORCE THE
 PROVISION OF ANY MARKETING AGREEMENT OR ORDER, ALL OF WHICH  SHALL  HAVE
 THE FORCE AND EFFECT OF LAW.
   2.  THE  COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS
 MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY  PROVISION  OF  THIS
 ARTICLE,  OR  ANY  RULE  OR  REGULATION,  MARKETING  AGREEMENT OR ORDER,
 COMMITTED TO THE COMMISSIONER'S ADMINISTRATION, AND IN ADDITION  TO  ANY
 OTHER  REMEDY UNDER ARTICLE THREE OF THIS CHAPTER OR OTHERWISE MAY APPLY
 FOR RELIEF BY INJUNCTION IF NECESSARY TO  PROTECT  THE  PUBLIC  INTEREST
 WITHOUT  BEING  COMPELLED  TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT
 LAW DOES NOT EXIST. SUCH APPLICATION MAY BE MADE TO THE SUPREME COURT IN
 ANY DISTRICT OR COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND  RULES,
 OR TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
   §  3.  Sections 16-x, 16-y and 16-z of section 1 of chapter 174 of the
 laws of 1968, constituting the New York state urban  development  corpo-
 ration act, are REPEALED.
   §  4.  Notwithstanding  the  repeal of sections 16-x, 16-y and 16-z of
 section 1 of chapter 174 of the laws of 1968, constituting the New  York
 state  urban  development  corporation  act pursuant to section three of
 this act the marketing orders, and the  regulatory  provisions  relating
 thereto, set forth under parts 40, 200, 201, 203, 204 and 205 of title 1
 of the New York codes, rules and regulations, shall remain in full force
 and effect.
   §  5.  Notwithstanding  the  repeal of sections 16-x, 16-y and 16-z of
 section 1 of chapter 174 of the laws of 1968, constituting the New  York
 state  urban  development  corporation  act pursuant to section three of
 this act, all contracts entered into pursuant to such repealed  sections
 that  continue  in force and effect after the effective date of this act
 and shall be assigned to the department of agriculture and markets,  and
 all  undisbursed funds under the control of the urban development corpo-
 ration in connection with the marketing orders shall be  transferred  to
 the  department  of agriculture and markets on or before the forty-fifth
 day following the effective date of this act; and  any  assessments  due
 and payable under such marketing orders shall be remitted to the depart-
 ment  of  agriculture and markets beginning upon the thirtieth day after
 the effective date of this act.
   § 6. This act shall take effect July 1, 2026.
 
                                  PART K
 
   Section 1. Paragraph (d) of subdivision 1 of section 210-B of the  tax
 law,  as  amended  by  section  1 of part C of chapter 59 of the laws of
 2023, is amended to read as follows:
   (d) Except as otherwise provided in this paragraph, the credit allowed
 under this subdivision for any taxable year shall not reduce the tax due
 for such year to less than the fixed dollar minimum amount prescribed in
 paragraph (d) of subdivision one of section  two  hundred  ten  of  this
 article.  However, if the amount of credit allowable under this subdivi-
 sion 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 allowed for a  taxable  year  commencing  prior  to
 January  first, nineteen hundred eighty-seven and not deductible in such
 taxable year may be carried over to the following year or years and  may
 be  deducted  from  the  taxpayer's tax for such year or years but in no
 event shall such credit be carried over to taxable years  commencing  on
 or  after  January  first,  two  thousand  two, and any amount of credit
 S. 9008--A                         24                        A. 10008--A
 
 allowed for a taxable year commencing on or after January  first,  nine-
 teen hundred eighty-seven and not deductible in such year may be carried
 over  to  the fifteen taxable years next following such taxable year and
 may be deducted from the taxpayer's tax for such year or years.  In lieu
 of  such carryover, (i) any such taxpayer which qualifies as a new busi-
 ness under paragraph (f) of this subdivision  may  elect  to  treat  the
 amount  of  such  carryover  as  an overpayment of tax to be credited or
 refunded in accordance with the provisions of section ten hundred eight-
 y-six of this chapter, and (ii) any such taxpayer that  is  an  eligible
 farmer,  as defined in subdivision eleven of this section, may for taxa-
 ble years beginning before January first,  two  thousand  [twenty-eight]
 THIRTY-THREE, elect to treat the amount of such carryover as an overpay-
 ment 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 ten hundred eighty-eight  of
 this chapter notwithstanding, no interest shall be paid thereon.
   §  2.  Paragraph 5 of subsection (a) of section 606 of the tax law, as
 amended by section 2 of part C of chapter 59 of the  laws  of  2023,  is
 amended to read as follows:
   (5)  If  the  amount of credit allowable under this subsection for any
 taxable year shall exceed the taxpayer's tax for such year,  the  excess
 allowed  for  a taxable year commencing prior to January first, nineteen
 hundred eighty-seven may be carried over to the following year or  years
 and  may be deducted from the taxpayer's tax for such year or years, but
 in no event shall such credit be carried over to taxable years  commenc-
 ing  on  or  after January first, nineteen hundred ninety-seven, and any
 amount of credit allowed for a taxable year commencing on or after Janu-
 ary first, nineteen hundred eighty-seven and not deductible in such year
 may be carried over to the ten taxable years next following such taxable
 year and may be deducted from the taxpayer's tax for such year or years.
 In lieu of carrying over any such excess, (A) a taxpayer  who  qualifies
 as  an  owner  of  a  new business for purposes of paragraph ten of this
 subsection may, at the taxpayer's  option,  receive  such  excess  as  a
 refund,  and  (B)  a  taxpayer  that is an eligible farmer as defined in
 subsection (n) of this section may, at the taxpayer's option, for  taxa-
 ble  years  beginning  before January first, two thousand [twenty-eight]
 THIRTY-THREE, receive such excess as a refund. Any refund paid  pursuant
 to  this  paragraph  shall be deemed to be a refund of an overpayment of
 tax as provided in section  six  hundred  eighty-six  of  this  article,
 provided, however, that no interest shall be paid thereon.
   § 3. This act shall take effect immediately.
 
                                  PART L
 
   Section  1.  Subparagraph  (ii)  of  paragraph (b) of subdivision 2 of
 section 1896 of the public authorities law, as amended by chapter 388 of
 the laws of 2011, is amended to read as follows:
   (ii) loans shall not exceed thirteen thousand  dollars  per  applicant
 for approved qualified energy efficiency services for residential struc-
 tures, and twenty-six thousand dollars per applicant for approved quali-
 fied   energy   efficiency   services  for  non-residential  structures,
 provided, however, that the authority may permit a  loan  in  excess  of
 such amounts if the total cost of energy efficiency measures financed by
 such  loan  will [achieve] INCLUDE a payback period [of fifteen years or
 less] WHICH DOES NOT EXCEED THE USEFUL LIFE  OF  THE  ENERGY  EFFICIENCY
 MEASURES  INSTALLED, but in no event shall any such loan exceed [twenty-
 S. 9008--A                         25                        A. 10008--A

 five] FIFTY thousand dollars per applicant  for  residential  structures
 and fifty thousand dollars per applicant for non-residential structures;
 and  for multi-family structures loans shall be in amounts determined by
 the authority, provided, however, that the authority shall assure that a
 significant  number  of  residential  structures  are  included  in  the
 program;
   § 2. Paragraph (a) of subdivision 5 of  section  1896  of  the  public
 authorities  law,  as added by section 1 of part DD of chapter 58 of the
 laws of 2012, is amended to read as follows:
   (a) For each loan issued for qualified energy efficiency services that
 is to be repaid through an on-bill recovery  mechanism[,  the  New  York
 state  energy  research and development authority shall record, pursuant
 to article nine of the real property law, in the office of the appropri-
 ate recording officer,  a  declaration  with  respect  to  the  property
 improved  by  such services of the existence of the loan and stating the
 total amount of the loan, the term of the loan, and  that  the  loan  is
 being  repaid]  through  a charge on an electric or gas meter associated
 with the property, THE ON-BILL RECOVERY LOAN AGREEMENT SHALL  ALLOW  FOR
 THE  PURCHASER OR TRANSFEREE TO AGREE THROUGH WRITTEN EXPRESS ASSUMPTION
 PROVIDED IN ACCORDANCE WITH THE TERMS OF THE ON-BILL RECOVERY LOAN  THAT
 THEY  ARE  RESPONSIBLE  FOR  FUTURE ON-BILL RECOVERY CHARGES, AND IN THE
 ABSENCE  OF  SUCH  WRITTEN  EXPRESS  ASSUMPTION,  THE  ORIGINAL  SELLER,
 TRANSFEROR, OR CURRENT LOAN HOLDER OF THE SUBJECT PROPERTY SHALL CONTIN-
 UE  TO  BE  RESPONSIBLE  FOR  PAYMENT  OF SUCH REMAINING CHARGES THROUGH
 DIRECT BILLING AND PAYMENT TO THE AUTHORITY, OR ITS AGENT.  [The  decla-
 ration  shall  further  state  that  it  is being filed pursuant to this
 section and, unless fully satisfied prior to sale  or  transfer  of  the
 property,  the loan repayment utility meter charge shall survive changes
 in ownership, tenancy, or meter account responsibility and, until  fully
 satisfied, shall constitute the obligation of the person responsible for
 the  meter account. Such declaration shall not constitute a mortgage and
 shall not create any security interest or lien  on  the  property.  Upon
 satisfaction  of  the  loan,  the  authority shall file a declaration of
 repayment pursuant to article nine of the real property law.]
   § 3. Paragraph (d) of subdivision 2 of  section  66-m  of  the  public
 service  law, as added by chapter 388 of the laws of 2011, is amended to
 read as follows:
   (d) unless fully satisfied prior to sale or  transfer,  that  (i)  the
 on-bill  recovery  charges  for  any services provided at the customer's
 premises shall survive changes in ownership, tenancy  or  meter  account
 responsibility  IF  THE  NEW  YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY SHALL HAVE RECORDED A DECLARATION PURSUANT TO ARTICLE NINE  OF
 THE REAL PROPERTY LAW WITH RESPECT TO SUCH PROPERTY FOR THE EXISTENCE OF
 AN  ON-BILL  RECOVERY  LOAN,  and  (ii) that arrears in on-bill recovery
 charges at the time of account closure or meter  transfer  shall  remain
 the  responsibility  of the incurring customer, unless expressly assumed
 by a subsequent purchaser of the property subject to such charges;
   § 4. Paragraph (a) of subdivision 4 of section 242 of the real proper-
 ty law, as added by chapter 388 of the laws of 2011, is amended to  read
 as follows:
   (a)  Any person, firm, company, partnership or corporation offering to
 sell real property which is subject  to  a  green  jobs-green  New  York
 on-bill recovery charge pursuant to title nine-A of article eight of the
 public authorities law AND WHICH PROVIDES THAT SUCH CHARGE SHALL SURVIVE
 CHANGES  IN  OWNERSHIP,  TENANCY  OR METER ACCOUNT RESPONSIBILITY IF NOT
 FULLY SATISFIED PRIOR TO SALE OR TRANSFER, shall provide written  notice
 S. 9008--A                         26                        A. 10008--A
 
 to the prospective purchaser or the prospective purchaser's agent, stat-
 ing as follows: "This property is subject to a green jobs-green New York
 on-bill  recovery charge". Such notice shall also state the total amount
 of the original charge, the payment schedule and the approximate remain-
 ing  balance, a description of the energy efficiency services performed,
 including improvements to the property, and an explanation of the  bene-
 fit  of  the  green  jobs-green  New  York  qualified  energy efficiency
 services. Such notice shall be provided by the seller prior to accepting
 a purchase offer; PROVIDED THAT SUCH NOTICE IS NOT NECESSARY IF THE LOAN
 AGREEMENT PROVIDES THAT UPON SALE OR TRANSFER OF  THE  SUBJECT  PROPERTY
 THE  PURCHASER  OR  TRANSFEREE  IS ONLY RESPONSIBLE FOR ON-BILL RECOVERY
 CHARGES AFTER SALE OR TRANSFER IF THEY  AGREE  THROUGH  WRITTEN  EXPRESS
 ASSUMPTION PROVIDED IN ACCORDANCE WITH THE TERMS OF THE ON-BILL RECOVERY
 LOAN  AGREEMENT,  AND  IN  THE  ABSENCE OF SUCH ASSUMPTION, THE ORIGINAL
 SELLER, TRANSFEROR, OR CURRENT LOAN HOLDER OF THE SUBJECT PROPERTY SHALL
 BE RESPONSIBLE FOR PAYMENT OF  SUCH  REMAINING  CHARGES  THROUGH  DIRECT
 BILLING  AND  PAYMENT TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY, OR ITS AGENT.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART M
 
   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
 2024.   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, 2026 and
 such amounts shall be paid to the New York  state  energy  research  and
 development authority on or before September 10, 2026. Upon receipt, the
 New  York  state energy research and development authority shall deposit
 such funds in the energy research and development operating fund  estab-
 lished  pursuant  to section 1859 of the public authorities law. The New
 York state energy research and development authority is  authorized  and
 directed  to  provide  to the chair of the public service commission and
 the director of the budget and the chairs and secretaries of the  legis-
 lative  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 such chief executive officer's 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  item-
 S. 9008--A                         27                        A. 10008--A
 
 ized  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, 2026.
 
                                  PART N
 
   Section  1. Subdivision 12 of section 66 of the public services law is
 amended by adding two new paragraphs (n) and (o) to read as follows:
   (N) THE COMMISSION SHALL REQUIRE EACH APPLICATION FOR A  MAJOR  CHANGE
 IN  RATES  FILED  BY  A  GAS  CORPORATION  OR AN ELECTRIC CORPORATION TO
 INCLUDE AN EXECUTIVE COMPENSATION  DISCLOSURE.  SUCH  EXECUTIVE  COMPEN-
 SATION  DISCLOSURE  SHALL  INCLUDE:  (I)  THE MEDIAN OF THE ANNUAL TOTAL
 COMPENSATION OF ALL EMPLOYEES OF THE GAS CORPORATION OR ELECTRIC  CORPO-
 RATION,  EXCEPT  THE  CHIEF  EXECUTIVE  OFFICER;  (II)  THE ANNUAL TOTAL
 COMPENSATION OF THE CHIEF EXECUTIVE OFFICER; AND (III) THE RATIO OF  THE
 AMOUNT  DESCRIBED  IN  SUBPARAGRAPH  (I) OF THIS PARAGRAPH TO THE AMOUNT
 DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH. THE  COMMISSION  SHALL
 DEVELOP  PERFORMANCE-BASED  TARGETS  THAT TIE COMPENSATION FOR THE CHIEF
 EXECUTIVE OFFICER AND OTHER MANAGEMENT  POSITIONS  AND  RATEPAYER-FUNDED
 INCENTIVE COMPENSATION PROGRAMS TO THE ENERGY AFFORDABILITY INDEX DEVEL-
 OPED  PURSUANT TO SECTION SIXTY-SIX-X OF THIS ARTICLE AND SHALL CONSIDER
 ADJUSTMENTS TO THE CORPORATION'S RETURN ON EQUITY BASED ON SUCH METRIC.
   (O) THE COMMISSION SHALL REQUIRE EACH APPLICATION FOR A  MAJOR  CHANGE
 IN  RATES  FILED  BY  A  GAS  CORPORATION  OR AN ELECTRIC CORPORATION TO
 INCLUDE, IN ADDITION TO THE CORPORATION'S RECOMMENDED PROPOSAL, A BUDGET
 CONSTRAINED PROPOSAL THAT SEPARATELY ADDRESSES OPERATING EXPENSES, CAPI-
 TAL EXPENDITURES, AND PROGRAMMATIC OR POLICY EXPENDITURES.  SUCH  BUDGET
 CONSTRAINED PROPOSAL SHALL NOT INCREASE THE APPLICANT'S AGGREGATE REVEN-
 UES  BY  MORE  THAN THE ANNUAL CONSUMER PRICE INDEX INCREASES OVER PRIOR
 YEARS. IN THE EVENT A  RATE  PLAN  IS  ESTABLISHED  BASED  ON  A  BUDGET
 CONSTRAINED  PROPOSAL,  THE  COMMISSION SHALL REQUIRE THE CORPORATION TO
 TRACK EXPENDITURES AND OUTCOMES AND EXPLAIN  ALL  MEANINGFUL  DEVIATIONS
 FROM THE APPROVED RATE PLAN.
   § 2. Subdivision 10 of section 80 of the public service law is amended
 by adding two new paragraphs (h) and (i) to read as follows:
   (H)  THE  COMMISSION SHALL REQUIRE EACH APPLICATION FOR A MAJOR CHANGE
 IN RATES FILED BY A STEAM CORPORATION TO INCLUDE  AN  EXECUTIVE  COMPEN-
 SATION DISCLOSURE. SUCH EXECUTIVE COMPENSATION DISCLOSURE SHALL INCLUDE:
 (I)  THE MEDIAN OF THE ANNUAL TOTAL COMPENSATION OF ALL EMPLOYEES OF THE
 STEAM CORPORATION, EXCEPT THE CHIEF EXECUTIVE OFFICER; (II)  THE  ANNUAL
 S. 9008--A                         28                        A. 10008--A
 
 TOTAL  COMPENSATION  OF THE CHIEF EXECUTIVE OFFICER; AND (III) THE RATIO
 OF THE AMOUNT DESCRIBED IN SUBPARAGRAPH (I) OF  THIS  PARAGRAPH  TO  THE
 AMOUNT DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (I)  THE  COMMISSION SHALL REQUIRE EACH APPLICATION FOR A MAJOR CHANGE
 IN RATES FILED BY A STEAM CORPORATION TO INCLUDE,  IN  ADDITION  TO  THE
 CORPORATION'S  RECOMMENDED  PROPOSAL, A BUDGET CONSTRAINED PROPOSAL THAT
 SEPARATELY  ADDRESSES  OPERATING  EXPENSES,  CAPITAL  EXPENDITURES,  AND
 PROGRAMMATIC  OR  POLICY  EXPENDITURES. SUCH BUDGET CONSTRAINED PROPOSAL
 SHALL NOT INCREASE THE APPLICANT'S AGGREGATE REVENUES BY MORE  THAN  THE
 ANNUAL  CONSUMER  PRICE INDEX INCREASES OVER PRIOR YEARS. IN THE EVENT A
 RATE PLAN IS ESTABLISHED BASED ON A  BUDGET  CONSTRAINED  PROPOSAL,  THE
 COMMISSION  SHALL  REQUIRE  THE  CORPORATION  TO  TRACK EXPENDITURES AND
 OUTCOMES AND EXPLAIN ALL MEANINGFUL DEVIATIONS FROM  THE  APPROVED  RATE
 PLAN.
   §  3.  Subdivision  10  of  section  89-c of the public service law is
 amended by adding two new paragraphs (j) and (k) to read as follows:
   (J) THE COMMISSION SHALL REQUIRE EACH APPLICATION FOR A  MAJOR  CHANGE
 IN  RATES  FILED  BY  A  WATER-WORKS CORPORATION TO INCLUDE AN EXECUTIVE
 COMPENSATION DISCLOSURE. SUCH EXECUTIVE  COMPENSATION  DISCLOSURE  SHALL
 INCLUDE:  (I) THE MEDIAN OF THE ANNUAL TOTAL COMPENSATION OF ALL EMPLOY-
 EES OF THE WATER-WORKS CORPORATION, EXCEPT THE CHIEF EXECUTIVE  OFFICER;
 (II)  THE  ANNUAL TOTAL COMPENSATION OF THE CHIEF EXECUTIVE OFFICER; AND
 (III) THE RATIO OF THE AMOUNT DESCRIBED  IN  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH  TO  THE  AMOUNT  DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH.
   (K) THE COMMISSION SHALL REQUIRE EACH APPLICATION FOR A  MAJOR  CHANGE
 IN  RATES  FILED BY A WATER-WORKS CORPORATION TO INCLUDE, IN ADDITION TO
 THE CORPORATION'S RECOMMENDED PROPOSAL, A  BUDGET  CONSTRAINED  PROPOSAL
 THAT  SEPARATELY ADDRESSES OPERATING EXPENSES, CAPITAL EXPENDITURES, AND
 PROGRAMMATIC OR POLICY EXPENDITURES. SUCH  BUDGET  CONSTRAINED  PROPOSAL
 SHALL  NOT  INCREASE THE APPLICANT'S AGGREGATE REVENUES BY MORE THAN THE
 ANNUAL CONSUMER PRICE INDEX INCREASES OVER PRIOR YEARS. IN THE  EVENT  A
 RATE  PLAN  IS  ESTABLISHED  BASED ON A BUDGET CONSTRAINED PROPOSAL, THE
 COMMISSION SHALL REQUIRE  THE  CORPORATION  TO  TRACK  EXPENDITURES  AND
 OUTCOMES  AND  EXPLAIN  ALL MEANINGFUL DEVIATIONS FROM THE APPROVED RATE
 PLAN.
   § 4. Within 180 days from the effective date of this act,  the  public
 service  commission shall issue a review of the standards and procedures
 used to ensure that inappropriate utility  expenses,  including  certain
 classes of advertising and legal fees and any fines or penalties imposed
 on the utility, are not charged to ratepayers.
   §  5. This act shall take effect January 1, 2027. Effective immediate-
 ly, 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 O
 
   Section 1. Paragraph (f) of subdivision 12 of section 66 of the public
 service law, as amended by chapter 154 of the laws of 1989,  is  amended
 to read as follows:
   (f)  Whenever  there shall be filed with the commission by any utility
 any schedule stating a new rate or charge, or any change in any form  of
 contract  or  agreement  or any rule or regulation relating to any rate,
 charge or service, or in any general privilege or facility, the  commis-
 sion may, at any time within sixty days from the date when such schedule
 S. 9008--A                         29                        A. 10008--A
 
 would  or  has  become  effective, either upon complaint or upon its own
 initiative, and, if it so orders, without answer or other formal  plead-
 ing  by the utility, but upon reasonable notice, hold a hearing concern-
 ing  the propriety of a change proposed by the filing. If such change is
 a major change, the commission shall hold such a hearing.  Pending  such
 hearing  and  decision  thereon,  the  commission, upon filing with such
 schedule and delivering to the utility, a statement in  writing  of  its
 reasons  therefor,  may  suspend the operation of such schedule, but not
 for a longer period than [one hundred and twenty days]  FOURTEEN  MONTHS
 beyond the time when it would otherwise go into effect. After full hear-
 ing,  whether  completed  before or after the schedule goes into effect,
 the commission may make such order in  reference  thereto  as  would  be
 proper in a proceeding begun after the rate, charge, form of contract or
 agreement,  rule, regulation, service, general privilege or facility had
 become effective. [If any such hearing cannot be  concluded  within  the
 period  of  suspension  as  above  stated, the commission may extend the
 suspension for a further period, not exceeding six months.] THE  COMMIS-
 SION  MAY, IN THE EXERCISE OF ITS DISCRETION, ESTABLISH A MULTIYEAR RATE
 PLAN THAT SETS RATES ON AN ANNUAL BASIS FOR A PERIOD NOT TO  EXCEED  TWO
 YEARS.  FOLLOWING  THE ESTABLISHMENT OF A MULTIYEAR RATE PLAN, A UTILITY
 SHALL NOT FILE FOR A FURTHER CHANGE, OTHER THAN A DE MINIMIS CHANGE,  IN
 ANY  RATE OR CHARGE TO BECOME EFFECTIVE DURING THE ESTABLISHED RATE PLAN
 PERIOD. NOTWITHSTANDING THE PREVIOUS SENTENCE, IF,  DURING  A  MULTIYEAR
 RATE  PLAN  PERIOD,  THE  COMMISSION  DETERMINES  IN THE EXERCISE OF ITS
 DISCRETION THAT A CIRCUMSTANCE HAS ARISEN THAT MEANINGFULLY THREATENS  A
 UTILITY'S  ECONOMIC  VIABILITY OR THE UTILITY'S ABILITY TO PROVIDE SAFE,
 ADEQUATE, AND RELIABLE SERVICE, THEN A UTILITY MAY FILE A PROPOSAL FOR A
 FURTHER CHANGE IN A RATE OR CHARGE TO BE EFFECTIVE PRIOR TO THE  END  OF
 THE  MULTIYEAR  RATE  PLAN PERIOD. THE UTILITY SHALL SUPPORT ANY REQUEST
 FOR SUCH COMMISSION DETERMINATION THROUGH SWORN STATEMENTS AND VERIFIED,
 ACCURATE EXHIBITS, AND THE BURDEN OF PROOF  IN  SUCH  A  SCENARIO  SHALL
 REMAIN  ON  THE  UTILITY.  THE COMMISSION MAY PROVIDE AN OPPORTUNITY FOR
 DEPARTMENT STAFF, LOCAL GOVERNMENTAL ENTITIES, AND OTHERS TO RESPOND  TO
 THE UTILITY'S REQUEST.
   §  2.  Paragraph  (f)  of  subdivision  10 of section 80 of the public
 service law, as amended by chapter 154 of the laws of 1989,  is  amended
 to read as follows:
   (f)  Whenever  there shall be filed with the commission by any utility
 any schedule stating a new rate or charge, or any change in any form  of
 contract  or  agreement  or any rule or regulation relating to any rate,
 charge or service, or in any general privilege or facility, the  commis-
 sion may, at any time within sixty days from the date when such schedule
 would  or  has  become  effective, either upon complaint or upon its own
 initiative, and, if it so orders, without answer or other formal  plead-
 ing  by the utility, but upon reasonable notice, hold a hearing concern-
 ing the propriety of a change proposed by the filing. If such change  is
 a  major  change, the commission shall hold such a hearing. Pending such
 hearing and decision thereon the commission, upon filing with such sche-
 dule and delivering to the  utility,  a  statement  in  writing  of  its
 reasons  therefor,  may  suspend the operation of such schedule, but not
 for a longer period than [one hundred and twenty days]  FOURTEEN  MONTHS
 beyond the time when it would otherwise go into effect. After full hear-
 ing,  whether  completed  before or after the schedule goes into effect,
 the commission may make such order in  reference  thereto  as  would  be
 proper in a proceeding begun after the rate, charge, form of contract or
 agreement,  rule, regulation, service, general privilege or facility had
 S. 9008--A                         30                        A. 10008--A
 
 become effective. [If such hearing cannot be concluded within the period
 of suspension as above stated, the commission may extend the  suspension
 for  a  further period not exceeding six months.] THE COMMISSION MAY, IN
 THE  EXERCISE  OF  ITS  DISCRETION, ESTABLISH A MULTIYEAR RATE PLAN THAT
 SETS RATES ON AN ANNUAL BASIS FOR A PERIOD  NOT  TO  EXCEED  TWO  YEARS.
 FOLLOWING  THE  ESTABLISHMENT  OF A MULTIYEAR RATE PLAN, A UTILITY SHALL
 NOT FILE FOR A FURTHER CHANGE, OTHER THAN A DE MINIMIS  CHANGE,  IN  ANY
 RATE  OR  CHARGE  TO  BECOME  EFFECTIVE DURING THE ESTABLISHED RATE PLAN
 PERIOD. NOTWITHSTANDING THE PREVIOUS SENTENCE, IF,  DURING  A  MULTIYEAR
 RATE  PLAN  PERIOD,  THE  COMMISSION  DETERMINES  IN THE EXERCISE OF ITS
 DISCRETION THAT A CIRCUMSTANCE HAS ARISEN THAT MEANINGFULLY THREATENS  A
 UTILITY'S  ECONOMIC  VIABILITY OR THE UTILITY'S ABILITY TO PROVIDE SAFE,
 ADEQUATE, AND RELIABLE SERVICE, THEN A UTILITY MAY FILE A PROPOSAL FOR A
 FURTHER CHANGE IN A RATE OR CHARGE TO BE EFFECTIVE PRIOR TO THE  END  OF
 THE  MULTIYEAR  RATE  PLAN PERIOD. THE UTILITY SHALL SUPPORT ANY REQUEST
 FOR SUCH COMMISSION DETERMINATION THROUGH SWORN STATEMENTS AND VERIFIED,
 ACCURATE EXHIBITS, AND THE BURDEN OF PROOF  IN  SUCH  A  SCENARIO  SHALL
 REMAIN  ON  THE  UTILITY.  THE COMMISSION MAY PROVIDE AN OPPORTUNITY FOR
 DEPARTMENT STAFF, LOCAL GOVERNMENTAL ENTITIES, AND OTHERS TO RESPOND  TO
 THE UTILITY'S REQUEST.
   §  3.  Paragraph  (f)  of subdivision 10 of section 89-c of the public
 service law, as amended by chapter 154 of the laws of 1989,  is  amended
 to read as follows:
   (f)  Whenever  there  shall be filed with the commission by any water-
 works corporation any schedule stating a new  rate  or  charge,  or  any
 change  in  any  form of contract or agreement or any rule or regulation
 relating to any rate, charge or service, or in any general privilege  or
 facility,  the  commission  may,  at any time within sixty days from the
 date when such schedule would  or  has  become  effective,  either  upon
 complaint  or  upon  its  own  initiative, and, if it so orders, without
 answer or other formal pleading by the interested corporation, but  upon
 reasonable  notice,  hold a hearing concerning the propriety of a change
 proposed by the filing. If such change is a major change, the commission
 shall hold such a hearing. Pending such hearing  and  decision  thereon,
 the  commission,  upon  filing  with such schedule and delivering to the
 corporation affected thereby a  statement  in  writing  of  its  reasons
 therefor,  may  suspend  the  operation  of such schedule, but not for a
 longer period than [one hundred and twenty days] FOURTEEN MONTHS  beyond
 the  time  when it would otherwise go into effect. After a full hearing,
 whether completed before or after the schedule  goes  into  effect,  the
 commission  may  make such order in reference thereto as would be proper
 in a proceeding begun after the rate, charge, form of contract or agree-
 ment, rule, regulation,  service,  general  privilege  or  facility  had
 become  effective.  [If  any such hearing cannot be concluded within the
 period of suspension as above stated,  the  commission  may  extend  the
 suspension  for  a further period not exceeding six months.] THE COMMIS-
 SION MAY, IN THE EXERCISE OF ITS DISCRETION, ESTABLISH A MULTIYEAR  RATE
 PLAN  THAT  SETS RATES ON AN ANNUAL BASIS FOR A PERIOD NOT TO EXCEED TWO
 YEARS. FOLLOWING THE ESTABLISHMENT OF A MULTIYEAR RATE PLAN,  A  UTILITY
 SHALL  NOT FILE FOR A FURTHER CHANGE, OTHER THAN A DE MINIMIS CHANGE, IN
 ANY RATE OR CHARGE TO BECOME EFFECTIVE DURING THE ESTABLISHED RATE  PLAN
 PERIOD.  NOTWITHSTANDING  THE  PREVIOUS SENTENCE, IF, DURING A MULTIYEAR
 RATE PLAN PERIOD, THE COMMISSION  DETERMINES  IN  THE  EXERCISE  OF  ITS
 DISCRETION  THAT A CIRCUMSTANCE HAS ARISEN THAT MEANINGFULLY THREATENS A
 UTILITY'S ECONOMIC VIABILITY OR THE UTILITY'S ABILITY TO  PROVIDE  SAFE,
 ADEQUATE, AND RELIABLE SERVICE, THEN A UTILITY MAY FILE A PROPOSAL FOR A
 S. 9008--A                         31                        A. 10008--A
 
 FURTHER  CHANGE  IN A RATE OR CHARGE TO BE EFFECTIVE PRIOR TO THE END OF
 THE MULTIYEAR RATE PLAN PERIOD. THE UTILITY SHALL  SUPPORT  ANY  REQUEST
 FOR SUCH COMMISSION DETERMINATION THROUGH SWORN STATEMENTS AND VERIFIED,
 ACCURATE  EXHIBITS,  AND  THE  BURDEN  OF PROOF IN SUCH A SCENARIO SHALL
 REMAIN ON THE UTILITY. THE COMMISSION MAY  PROVIDE  AN  OPPORTUNITY  FOR
 DEPARTMENT  STAFF, LOCAL GOVERNMENTAL ENTITIES, AND OTHERS TO RESPOND TO
 THE UTILITY'S REQUEST.
   § 4. This act shall take effect immediately and  shall  apply  to  any
 proposed change in rates filed on or after January 1, 2027.
 
                                  PART P
 
   Section  1.  The public service law is amended by adding a new section
 66-x to read as follows:
   § 66-X. ENERGY AFFORDABILITY INDEX. 1. BEGINNING  JANUARY  FIRST,  TWO
 THOUSAND TWENTY-SEVEN, THE COMMISSION SHALL REQUIRE EACH GAS CORPORATION
 AND ELECTRIC CORPORATION TO SUBMIT AN ANNUAL AFFORDABILITY INDEX SHOWING
 THE  ENERGY  BURDEN  OF  SUCH  CORPORATION'S  RESIDENTIAL CUSTOMERS. THE
 COMMISSION SHALL PROMULGATE RULES AND REGULATIONS ADOPTING A METHODOLOGY
 FOR GAS CORPORATIONS AND ELECTRIC CORPORATIONS TO CALCULATE AN  AFFORDA-
 BILITY INDEX.
   2.  ON  OR  BEFORE JUNE FIRST, TWO THOUSAND TWENTY-SEVEN, AND ANNUALLY
 THEREAFTER, THE COMMISSION SHALL ISSUE A REPORT ON ENERGY  AFFORDABILITY
 THAT  INCLUDES  A COMPARISON OF THE AFFORDABILITY OF RESIDENTIAL UTILITY
 SERVICE PROVIDED BY EACH GAS CORPORATION AND ELECTRIC CORPORATION IN NEW
 YORK STATE TO AFFORDABILITY DATA FROM OTHER STATES AS  REPORTED  BY  THE
 UNITED STATES ENERGY INFORMATION ADMINISTRATION.
   § 2. Subdivision 12 of section 66 of the public service law is amended
 by adding a new paragraph (p) to read as follows:
   (P)  THE  COMMISSION SHALL REQUIRE EACH APPLICATION FOR A MAJOR CHANGE
 IN RATES FILED BY A  GAS  CORPORATION  OR  AN  ELECTRIC  CORPORATION  TO
 INCLUDE  AN  AFFORDABILITY  INDEX  THAT  SHOWS THE ENERGY BURDEN OF SUCH
 CORPORATION'S RESIDENTIAL CUSTOMERS AT THE TIME OF FILING AND  WHAT  THE
 ENERGY  BURDEN  WOULD  BE FOLLOWING THE CORPORATION'S PROPOSED CHANGE IN
 RATES, AS CALCULATED USING THE METHODOLOGY  ADOPTED  BY  THE  COMMISSION
 PURSUANT TO SECTION SIXTY-SIX-X OF THIS ARTICLE.
   §  3.  Section 66 of the public service law is amended by adding a new
 subdivision 33 to read as follows:
   33. FOLLOWING ANY COMMISSION DECISION THAT  ESTABLISHES  A  CHANGE  IN
 RATES  THAT  RESULTS  IN AN ENERGY BURDEN GREATER THAN THREE PERCENT FOR
 RESIDENTIAL ELECTRIC SERVICE OR GREATER THAN THREE PERCENT FOR  RESIDEN-
 TIAL  GAS  SERVICE,  HAVE  POWER TO INSTALL AN INDEPENDENT AFFORDABILITY
 MONITOR INSIDE ANY GAS CORPORATION OR ELECTRIC CORPORATION  FOR  A  TIME
 PERIOD  DETERMINED  BY  THE COMMISSION BUT FOR NO LESS THAN ONE YEAR. IN
 EVERY CASE IN WHICH THE COMMISSION CHOOSES TO INSTALL  AN  AFFORDABILITY
 MONITOR,  IT  SHALL HAVE AUTHORITY TO SELECT THE MONITOR, AND TO REQUIRE
 THE ELECTRIC CORPORATION, GAS CORPORATION, OR ELECTRIC  AND  GAS  CORPO-
 RATION  BEING MONITORED TO ENTER INTO A CONTRACT WITH THE MONITOR TO PAY
 FOR THE MONITOR'S SERVICES AT SUCH CORPORATION'S EXPENSE. SUCH  CONTRACT
 SHALL  PROVIDE  FURTHER  THAT  THE  MONITOR SHALL WORK FOR AND UNDER THE
 DIRECTION OF THE COMMISSION ACCORDING TO SUCH TERMS  AS  THE  COMMISSION
 MAY  DETERMINE  ARE NECESSARY AND REASONABLE. SUCH AFFORDABILITY MONITOR
 SHALL HAVE POWER TO EXAMINE THE  ACCOUNTS,  BOOKS,  CONTRACTS,  RECORDS,
 DOCUMENTS  AND  PAPERS  OF THE CORPORATION AND SHALL HAVE FULL ACCESS TO
 MANAGEMENT MEETINGS IN ORDER TO REVIEW UTILITY OPERATIONS  AND  EXPENDI-
 TURES.  THE  AFFORDABILITY  MONITOR  SHALL  REPORT TO THE COMMISSION THE
 S. 9008--A                         32                        A. 10008--A
 
 PRIMARY COST DRIVERS THAT CAUSED THE ENERGY BURDEN  TO  RISE  MORE  THAN
 THREE PERCENT, AND ANY OPPORTUNITIES FOR COST SAVINGS.
   §  4. This act shall take effect January 1, 2027. Effective immediate-
 ly, 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 Q
 
   Section 1. Subdivision 1 of section 235-a of the real property law, as
 amended by chapter 143 of the laws  of  2020,  is  amended  to  read  as
 follows:
   1.  In  any  case  in which a residential tenant shall lawfully make a
 payment to a utility company pursuant to  the  provisions  of  [sections
 thirty-three,]  SECTION  thirty-four  [and  one  hundred sixteen] of the
 public service law, or to a utility company as  defined  in  subdivision
 twenty-three of section two of the public service law, public authority,
 water-works  corporation,  as  defined  in  subdivision  twenty-seven of
 section two of the public service law, or  municipal  water  system,  as
 prescribed in section eighty-nine-l of the public service law, for water
 service which a landlord is responsible for but has failed or refused to
 provide  payment  therefor,  such  payment  shall be deductible from any
 future payment of rent.
   § 2. Section 33 of the public service law, as added by chapter 713  of
 the  laws of 1981, paragraphs (c) and (d) of subdivision 1 as amended by
 chapter 195 of the laws of 2010, is amended to read as follows:
   § 33. Discontinuance of residential utility service to multiple dwell-
 ings. 1. Notwithstanding any other provisions of law, no public  utility
 company or municipality shall discontinue gas, electric or steam service
 to  an entire multiple dwelling (as defined in the multiple dwelling law
 or the multiple residence  law)  located  anywhere  in  this  state  for
 nonpayment of bills rendered for service [unless such]. A PUBLIC UTILITY
 COMPANY  OR MUNICIPALITY MAY COMMENCE AN ACTION AGAINST THE OWNER OF THE
 PREMISES AFFECTED SEEKING A LIEN AGAINST SUCH MULTIPLE DWELLING FOR  THE
 AMOUNT  OF  SUCH  UTILITY BILLS. A utility shall have given fifteen days
 written notice of its intention so to [discontinue] SEEK  SUCH  LIEN  as
 follows:
   (a)  Such  notice shall be served personally on the owner of the prem-
 ises affected, or in lieu thereof, to the person, firm,  or  corporation
 to whom or which the last preceding bill has been rendered and from whom
 or  which  the  utility has received payment therefor, and to the super-
 intendent or  other  person  in  charge  of  the  building  or  premises
 affected,  if  it  can  be readily ascertained that there is such super-
 intendent or other person in charge.
   (b) In lieu of personal delivery to the person  or  persons,  firm  or
 corporation specified in PARAGRAPH (a) [above] OF THIS SUBDIVISION, such
 notice may be mailed in a postpaid wrapper to the address of such person
 or persons, firm or corporation.
   (c)  In  addition  to the notice prescribed by paragraph (a) or (b) of
 this subdivision, fifteen days written notice shall be (i) posted in the
 public areas of such multiple dwelling, (ii) mailed to the "Occupant" of
 each unit in that multiple dwelling, (iii) mailed to  the  local  health
 officer  and  the director of the social services district for the poli-
 tical subdivision in which the multiple dwelling is located, (iv) if the
 multiple dwelling is located in a city or a village, mailed to the mayor
 thereof, or if there be none, to the manager, or, if the multiple dwell-
 S. 9008--A                         33                        A. 10008--A
 
 ing is located in a town, then mailed to the town supervisor, (v) mailed
 to the county executive of the county in which the multiple dwelling  is
 located, or if there be none, then to the [chairman] CHAIRPERSON of such
 county's legislative body, and (vi) mailed to the office of the New York
 state  long  term care ombudsman, if the multiple dwelling is a residen-
 tial health care facility as defined in  subdivision  three  of  section
 twenty-eight hundred one of the public health law, an adult care facili-
 ty  as  defined  in  subdivision twenty-one of section two of the social
 services law, or an assisted living residence as defined in  subdivision
 one  of  section forty-six hundred fifty-one of the public health law as
 added by chapter two of the laws of two thousand four.  Notice  required
 by  subparagraphs  (iv)  and  (v) of this paragraph may be mailed to the
 persons specified therein or to their respective designees.  The  notice
 required  by this paragraph shall state [the intended date of discontin-
 uance of service,] the amount due for such service, and  [the  procedure
 by  which  any tenant or public agency may make such payment and thereby
 avoid discontinuance of service] THAT THE UTILITY WILL  NOT  DISCONTINUE
 SERVICE AND SHALL SEEK A LIEN AGAINST THE OWNER.
   [(d) The written notice required by subparagraphs (iii), (iv), (v) and
 (vi)  of  paragraph  (c)  of this subdivision shall be repeated not more
 than four days nor less than two days prior to such discontinuance.
   1-a. Whenever a notice of intention to discontinue utility service has
 been made pursuant to the provisions of  this  section  and  obligations
 owed  the  utility  or  municipality have been satisfied, the utility or
 municipality shall notify, in the same manner as it gave such notice  of
 intention,  the  occupant of each unit that the intention to discontinue
 utility service no longer exists.]
   2. For the purposes of  this  section,  the  department  charged  with
 enforcing  the  multiple  dwelling  law  shall prepare a schedule of all
 multiple dwellings within its jurisdiction and shall provide a  copy  of
 such  schedule to any gas, steam or electric corporation or municipality
 subject to the provisions  of  this  section.  Such  schedule  shall  be
 revised  semi-annually  and a revised copy provided to such corporation.
 Every county, and every municipality to which the multiple dwelling  law
 does  not  apply, which county or municipality has compiled or hereafter
 may compile a listing of all multiple dwellings within its  jurisdiction
 shall  make  such  listing available without charge to any gas, steam or
 electric corporation providing service in such county or municipality.
   3. [Any gas, electric or steam corporation or municipality which will-
 fully fails to comply with the  provisions  of  this  section  shall  be
 liable  for  a  penalty of twenty-five dollars for each occupied unit of
 the multiple dwelling for each day during which  service  is  unlawfully
 discontinued;  provided, however, that when the only non-compliance with
 this section is failure to mail notice to each "Occupant" as required by
 clause (ii) of paragraph (c) of subdivision one above the penalty  shall
 be  twenty-five  dollars for each occupied unit of the multiple dwelling
 to which notice was not mailed for each  day  during  which  service  is
 unlawfully  discontinued.  An  action  to  recover  a penalty under this
 section may be brought by the counsel to the commission in any court  of
 competent  jurisdiction  in  this state in the name of the people of the
 state of New York. Any moneys recovered in such action shall be paid  to
 the state treasury to the credit of the general fund.
   4.] Any person who willfully interferes with the posting of the notice
 specified  in  [clause] SUBPARAGRAPH (i) of paragraph (c) of subdivision
 one [above] OF THIS SECTION by any gas, steam or electric corporation or
 municipality, willfully defaces or mutilates any such notice,  or  will-
 S. 9008--A                         34                        A. 10008--A

 fully removes the same from the place where it is posted by such company
 prior  to  the  date specified therein for the discontinuance of service
 shall be guilty of a violation and, upon conviction, shall  be  punished
 by a fine not exceeding twenty-five dollars.
   [5.  The  commission  shall  maintain  rules  and  regulations for the
 payment by tenants of utility bills for gas, electric or  steam  service
 in  a multiple dwelling to which this section applies where the owner of
 any such multiple dwelling, or the person, firm or corporation  to  whom
 or which the last preceding bill has been rendered or from whom or which
 the utility or municipality has received payment therefor, has failed to
 pay  such  utility  bills.  Such rules and regulations shall (a) provide
 that utility service may not be discontinued to any such multiple dwell-
 ing as long as the tenants continue to make timely payments  in  accord-
 ance  with  established procedures; (b) include designation of an office
 to advise tenants of the rights and  procedures  available  pursuant  to
 such  rules and regulations; (c) assure that tenants shall not be liable
 for bills more than two months in arrears; and (d) require  the  commis-
 sion  upon petition of twenty-five percent of the tenants of such multi-
 ple dwelling to meet with representatives of such tenants and the owner,
 person, firm or corporation to whom or which the last preceding bill has
 been rendered or from whom or which the  utility  has  received  payment
 therefor.]
   §  3. Section 116 of the public service law, as amended by chapter 713
 of the laws of 1981, subdivision 5 as separately amended by chapter  511
 of the laws of 1981, is amended to read as follows:
   § 116. Discontinuance  of  water  service  to  multiple  dwellings. 1.
 Notwithstanding any other provisions of law, no public  utility  company
 shall  discontinue  water  service  to  an  entire multiple dwelling (as
 defined in the multiple dwelling law  or  the  multiple  residence  law)
 located  anywhere  in  this  state  for nonpayment of bills rendered for
 service [unless such]. A PUBLIC  UTILITY  COMPANY  OR  MUNICIPALITY  MAY
 COMMENCE  AN ACTION AGAINST THE OWNER OF THE PREMISES AFFECTED SEEKING A
 LIEN AGAINST SUCH MULTIPLE DWELLING  FOR  THE  AMOUNT  OF  SUCH  UTILITY
 BILLS.  A  utility  shall have given fifteen days' written notice of its
 intention so to [discontinue] SEEK SUCH LIEN as follows:
   (a) Such notice shall be served personally on the owner of  the  prem-
 ises  affected,  or in lieu thereof, to the person, firm, or corporation
 to whom or which the last preceding bill has been rendered and from whom
 or which the utility has received payment therefor, and  to  the  super-
 intendent  or  other  person  in  charge  of  the  building  or premises
 affected, if it can be readily ascertained that  there  is  such  super-
 intendent or other person in charge.
   (b)  In  lieu  of  personal delivery to the person or persons, firm or
 corporation specified in PARAGRAPH (a) [above] OF THIS SUBDIVISION, such
 notice may be mailed in a postpaid wrapper to the address of such person
 or persons, firm or corporation.
   (c) In addition to the notice  prescribed  by  PARAGRAPH  (a)  or  (b)
 [above]  OF  THIS SUBDIVISION, fifteen days' written notice shall be (i)
 posted in the public areas of such multiple dwelling, (ii) mailed to the
 "Occupant" of each unit in that multiple dwelling, (iii) mailed  to  the
 local  health  officer  and the director of the social services district
 for the political subdivision in which the multiple dwelling is located,
 (iv) if the multiple dwelling is located in a city or a village,  mailed
 to  the  mayor  thereof, or if there be none, to the manager, or, if the
 multiple dwelling is located in a town, then mailed to the town supervi-
 sor, and (v) mailed to the county executive of the county in  which  the
 S. 9008--A                         35                        A. 10008--A
 
 multiple  dwelling  is located, or if there be none, then to the [chair-
 man] CHAIRPERSON of such county's legislative body. Notice  required  by
 SUBPARAGRAPHS  (iv)  and  (v)  of  this  paragraph  may be mailed to the
 persons  specified  therein or to their respective designees. The notice
 required by this paragraph shall state the [intended date of  discontin-
 uance  of  service, the] amount due for such service, and [the procedure
 by which any tenant or public agency may make such payment  and  thereby
 avoid  discontinuance  of service] THAT THE UTILITY WILL NOT DISCONTINUE
 SERVICE AND SHALL SEEK A LIEN AGAINST THE OWNER.
   [(d) The written notice required by clauses (iii),  (iv)  and  (v)  of
 paragraph  (c)  above shall be repeated not more than four days nor less
 than two days prior to such discontinuance.
   1-a. Whenever a notice of intention to discontinue utility service has
 been made pursuant to the provisions of  this  section  and  obligations
 owed  the  utility have been satisfied, the utility shall notify, in the
 same manner as it gave such notice of intention, the  occupant  of  each
 unit  that  the  intention  to  discontinue  utility  service  no longer
 exists.]
   2. For the purposes of  this  section,  the  department  charged  with
 enforcing  the  multiple  dwelling  law  shall prepare a schedule of all
 multiple dwellings within its jurisdiction and shall provide a  copy  of
 such schedule to any water corporation subject to the provisions of this
 section. Such schedule shall be revised semi-annually and a revised copy
 provided  to  such  corporation. Every county, and every municipality to
 which the multiple dwelling law does not apply, which county or  munici-
 pality  has  compiled or hereafter may compile a listing of all multiple
 dwellings within its jurisdiction  shall  make  such  listing  available
 without charge to any water corporation providing service in such county
 or municipality.
   3.  [Any  water  corporation  which willfully fails to comply with the
 provisions of this section shall be liable for a penalty of  twenty-five
 dollars  for  each  occupied  unit of the multiple dwelling for each day
 during which service is unlawfully discontinued; provided, however, that
 when the only non-compliance with this section is failure to mail notice
 to each "Occupant" as required by clause (ii) of paragraph (c) of subdi-
 vision one above the penalty shall be twenty-five dollars for each occu-
 pied unit of the multiple dwelling to which notice was  not  mailed  for
 each  day during which service is unlawfully discontinued.  An action to
 recover a penalty under this section may be brought by  the  counsel  to
 the  commission  in any court of competent jurisdiction in this state in
 the name of the people of the state of New York. Any monies recovered in
 such action shall be paid to the state treasury to  the  credit  of  the
 general fund.
   4.] Any person who willfully interferes with the posting of the notice
 specified  in  [clause] SUBPARAGRAPH (i) of paragraph (c) of subdivision
 one [above] OF THIS SECTION by any water corporation, willfully  defaces
 or  mutilates  any  such  notice, or willfully removes the same from the
 place where it is posted by such company prior  to  the  date  specified
 therein for the discontinuance of service shall be guilty of a violation
 and,  upon conviction, shall be punished by a fine not exceeding twenty-
 five dollars.
   [5. The commission  shall  maintain  rules  and  regulations  for  the
 payment  by  tenants  of  utility  bills for water service in a multiple
 dwelling to which this section applies  where  the  owner  of  any  such
 multiple  dwelling,  or the person, firm or corporation to whom or which
 the last preceding bill has been rendered or  from  whom  or  which  the
 S. 9008--A                         36                        A. 10008--A

 utility  has  received payment therefore, has failed to pay such utility
 bills. Such rules and regulations shall (i) provide that utility service
 may not be discontinued to any such multiple dwelling  as  long  as  the
 tenants  continue to make timely payments in accordance with established
 procedures; (ii) include designation of an office to advise  tenants  of
 the  rights  and  procedures  available pursuant to such rules and regu-
 lations; (iii) assure that tenants shall not be liable  for  bills  more
 than  two  months in arrears; and (iv) require the commission upon peti-
 tion of twenty-five percent of the tenants of such multiple dwelling  to
 meet with representatives of such tenants and the owner, person, firm or
 corporation  to  whom or which the last preceding bill has been rendered
 or from whom or which the utility has received payment therefore.]
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART R
 
   Section  1.  Subdivision  5  of  section  8-0105  of the environmental
 conservation law, as amended by chapter 228 of  the  laws  of  1976,  is
 amended and two new subdivisions 11 and 12 are added to read as follows:
   5. "Actions" do not include:
   (i)   enforcement   proceedings   or  the  exercise  of  prosecutorial
 discretion in determining whether or not to institute such proceedings;
   (ii) official acts of a ministerial nature, involving no  exercise  of
 discretion;
   (iii)  maintenance  or  repair  involving  no  substantial  changes in
 [exsiting] EXISTING structure or facility.
   11. "PREVIOUSLY DISTURBED SITE" MEANS A PARCEL OF LAND THAT:
   (I) HAS BEEN DEVELOPED PRIOR TO TWO YEARS BEFORE THE APPLICATION FOR A
 PERMIT OR AUTHORIZATION FOR AN ACTION;
   (II) IS SUBSTANTIALLY ALTERED BY ONE OR MORE OF THE FOLLOWING USES  OR
 A  COMBINATION  THEREOF,  WHETHER CURRENTLY IN USE, ABANDONED, OR DEMOL-
 ISHED:  BUILDINGS OR STRUCTURES, IMPERVIOUS SURFACES,  MAINTAINED  LAWNS
 OR OTHER NON-VEGETATED MAINTAINED AREAS, OR PUBLIC INFRASTRUCTURE UTILI-
 TIES;
   (III)  IS  NOT LOCATED IN A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
 DESIGNATED 100-YEAR FLOODPLAIN; AND
   (IV) HAS NOT BEEN USED FOR AGRICULTURAL PURPOSES WITHIN THREE  OF  THE
 LAST FIVE YEARS BEFORE THE APPLICATION FOR A PERMIT OR AUTHORIZATION FOR
 AN ACTION.
   12.  "SMALL  COMMUNITY WATER SYSTEM" MEANS A PUBLIC WATER SYSTEM WHICH
 SERVES AT LEAST FIVE SERVICE CONNECTIONS USED BY YEAR-ROUND RESIDENTS OR
 REGULARLY SERVES AT LEAST TWENTY-FIVE YEAR-ROUND RESIDENTS,  AND  SERVES
 THIRTY-THREE HUNDRED OR FEWER PERSONS.
   §  2.  The opening paragraph of subdivision 4 of section 8-0109 of the
 environmental conservation law, as amended by chapter 49 of the laws  of
 2023, is amended to read as follows:
   As  early  as  possible in the formulation of a proposal for an action
 BUT NOT MORE THAN ONE YEAR FROM THE ESTABLISHMENT OF A LEAD AGENCY,  the
 responsible  agency shall make an initial determination as to whether an
 environmental impact statement need  be  prepared  for  the  action.  In
 making such determination for any proposed action the responsible agency
 shall  consider  whether  such action may cause or increase a dispropor-
 tionate pollution burden on a disadvantaged community that  is  directly
 or  significantly  indirectly affected by such action. When an action is
 to be carried out or approved by two or  more  agencies,  such  determi-
 S. 9008--A                         37                        A. 10008--A
 
 nation  shall  be made as early as possible after the designation of the
 lead agency.
   § 3. Subdivision 5 of section 8-0109 of the environmental conservation
 law  is  amended  by  adding  a second undesignated paragraph to read as
 follows:
   NOTWITHSTANDING THE SPECIFIED TIME PERIODS ESTABLISHED BY  THIS  ARTI-
 CLE,  FOR  ACTIONS INVOLVING APPLICATIONS FOR A PERMIT OR AUTHORIZATION,
 THE AGENCY SHALL PREPARE AND MAKE  AVAILABLE  THE  ENVIRONMENTAL  IMPACT
 STATEMENT  WITHIN  TWO YEARS AFTER THE DATE A DRAFT ENVIRONMENTAL IMPACT
 STATEMENT IS DETERMINED TO BE REQUIRED, UNLESS THE  AGENCY  EXTENDS  THE
 DEADLINE  IN  WRITING  AND, IN CONSULTATION WITH AN APPLICANT AND AT THE
 DISCRETION OF THE AGENCY, ESTABLISHES A NEW DEADLINE THAT PROVIDES  ONLY
 SO  MUCH  ADDITIONAL  TIME AS IS NECESSARY TO COMPLETE THE ENVIRONMENTAL
 IMPACT STATEMENT, CONSIDERING ANY CHANGES MADE BY THE APPLICANT  TO  THE
 PROJECT DESIGN AFTER THE ISSUANCE OF THE SCOPING DOCUMENT THAT RESULT IN
 NEW  SIGNIFICANT ENVIRONMENTAL IMPACTS, OR ADDITIONAL ACTIONS THAT COULD
 NOT HAVE BEEN REASONABLY ANTICIPATED DURING SCOPING, OR THE  FAILURE  OF
 AN  APPLICANT TO PROVIDE NECESSARY INFORMATION DESPITE GOOD FAITH EFFORT
 BY AN AGENCY, OR DELAY IN CIRCUMSTANCES BEYOND THE CONTROL OF AN  AGENCY
 OR AN APPLICANT.
   § 4. Subdivision 5 of section 8-0111 of the environmental conservation
 law  is amended by adding five new paragraphs (d), (e), (f), (g) and (h)
 to read as follows:
   (D) ACTIONS INVOLVING THE CONSTRUCTION OF HOUSING  IN  CITIES,  TOWNS,
 AND VILLAGES WITH POPULATIONS OF ONE MILLION OR MORE, PROVIDED THAT SUCH
 ACTIONS MEET ALL OF THE FOLLOWING CRITERIA:
   (I)  SUCH  ACTIONS  SHALL  NOT  INVOLVE PROJECTS THAT WOULD BE LOCATED
 WITHIN A COASTAL FLOODING AREA, AS  DESIGNATED  BY  THE  RELEVANT  LOCAL
 AGENCY;
   (II)  SUCH  ACTIONS  SHALL NOT INVOLVE PROJECTS LOCATED WITHIN AN AREA
 ZONED EXCLUSIVELY FOR INDUSTRIAL USES, AS  DESIGNATED  BY  THE  RELEVANT
 LOCAL AGENCY;
   (III)  FOR  ANY  SUCH ACTIONS THAT INVOLVE PROJECTS THAT WOULD INCLUDE
 RESIDENTIAL AND NON-RESIDENTIAL USES, ANY SUCH PROJECTS SHALL CONTAIN NO
 MORE THAN FIFTY THOUSAND SQUARE FEET OF NON-RESIDENTIAL USES; AND
   (IV) FOR ANY SUCH ACTIONS THAT INVOLVE PROJECTS THAT MEET THE CRITERIA
 IN SUBPARAGRAPHS (I), (II),  AND  (III)  OF  THIS  PARAGRAPH,  ANY  SUCH
 PROJECTS  SHALL  NOT  EXCEED TWO HUNDRED FIFTY DWELLING UNITS. PROVIDED,
 HOWEVER, THAT FOR ANY SUCH ACTIONS THAT INVOLVE PROJECTS LOCATED  WITHIN
 MEDIUM- OR HIGH-DENSITY RESIDENTIAL OR MEDIUM- OR HIGH-DENSITY MIXED-USE
 DISTRICTS, AS DESIGNATED BY THE RELEVANT LOCAL AGENCY, ANY SUCH PROJECTS
 SHALL NOT EXCEED FIVE HUNDRED DWELLING UNITS.
   (E)  ACTIONS  INVOLVING  CONSTRUCTION OF HOUSING IN CITIES, TOWNS, AND
 VILLAGES WITH POPULATIONS OF FEWER THAN ONE  MILLION  PERSONS,  PROVIDED
 THAT SUCH ACTIONS MEET ALL OF THE FOLLOWING CRITERIA:
   (I)  SUCH ACTIONS INVOLVE PROJECTS THAT SHALL BE CONNECTED TO EXISTING
 COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS AT  THE  COMMENCEMENT  OF
 HABITATION;
   (II)  SUCH  ACTIONS INVOLVE PROJECTS THAT SHALL BE LOCATED AT A PREVI-
 OUSLY DISTURBED SITE;
   (III) FOR ANY SUCH ACTIONS  INVOLVING  MIXED-USE  PROJECTS,  ANY  SUCH
 PROJECTS  SHALL  CONTAIN NO MORE THAN FIFTY THOUSAND SQUARE FEET OF NON-
 RESIDENTIAL USES OR TWENTY PERCENT NON-RESIDENTIAL USES BY  GROSS  FLOOR
 AREA, WHICHEVER IS LESS; AND
   (IV)  SUCH  ACTIONS INVOLVE PROJECTS THAT SHALL NOT EXCEED ONE HUNDRED
 DWELLING UNITS.
 S. 9008--A                         38                        A. 10008--A
 
   (F) ACTIONS OCCURRING AT A PREVIOUSLY  DISTURBED  SITE  INVOLVING  THE
 FOLLOWING:
   (I)  CONSTRUCTION  OF  PUBLIC  PARKS  THAT  DO NOT INCLUDE PERFORMANCE
 CENTERS, ATHLETIC STADIUMS, OR OTHER VENUES FOR MASS GATHERINGS;
   (II) CONSTRUCTION OF MULTI-USE BICYCLE AND PEDESTRIAN TRAILS; OR
   (III) CONSTRUCTION OF NEW OR RENOVATED CHILDCARE FACILITIES THAT  WILL
 BE  CONNECTED TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS
 AT THE COMMENCEMENT OF USE.
   (G) ACTIONS INVOLVING WATER  AND  WASTEWATER  INFRASTRUCTURE  PROJECTS
 THAT MEET THE FOLLOWING CRITERIA:
   (I)  REPLACEMENT,  REHABILITATION OR RECONSTRUCTION OF MUNICIPAL WATER
 OR WASTEWATER INFRASTRUCTURE, IN-KIND AND ON THE  SAME  SITE,  INCLUDING
 LEAD SERVICE LINE REPLACEMENT; OR
   (II)  REPLACEMENT,  REHABILITATION,  UPGRADES  OR RECONSTRUCTION OF AN
 EXISTING SMALL COMMUNITY WATER SYSTEM; OR
   (III) A PROJECT TO PROVIDE SEWER SERVICE TO A DISADVANTAGED  COMMUNITY
 SERVED  BY ONE OR MORE INADEQUATE SEWAGE TREATMENT SYSTEMS THAT HAS BEEN
 DETERMINED BY THE DEPARTMENT NOT TO REQUIRE A PERMIT OR APPROVAL  PURSU-
 ANT  TO  ARTICLES FIFTEEN, TWENTY-FOUR OR TWENTY-FIVE OF THIS CHAPTER OR
 ANY RULES OR REGULATIONS PROMULGATED THEREUNDER.
   (H) ACTIONS CONSISTING OF THE RETROFIT OF AN  EXISTING  STRUCTURE  AND
 ITS APPURTENANT AREAS TO INCORPORATE GREEN INFRASTRUCTURE.
   §  5.  Section 8-0111 of the environmental conservation law is amended
 by adding a new subdivision 7 to read as follows:
   7. STATUTE OF LIMITATIONS. THE TIME TO COMMENCE A PROCEEDING TO REVIEW
 AN AGENCY DETERMINATION UNDER THE PROVISIONS OF THIS  ARTICLE  OR  UNDER
 THE  RULES  OR  REGULATIONS  IMPLEMENTING THE PROVISIONS OF THIS ARTICLE
 SHALL BEGIN TO ACCRUE WHEN THE AGENCY DETERMINATION TO APPROVE OR DISAP-
 PROVE THE ACTION BECOMES FINAL AND BINDING UPON THE  PETITIONER  OR  THE
 PERSON WHOM THE PETITIONER REPRESENTS IN LAW OR IN FACT.
   §  6.  Nothing contained in this act shall be interpreted or construed
 as modifying or affecting any authorizations,  requirements,  or  proce-
 dures under the national historic preservation act of 1966, the New York
 state  historic  preservation  act  of  1980,  the parks, recreation and
 historic preservation law, or any other state or local law governing the
 identification, protection, or management  of  historic  properties,  or
 under  any  rules  or  regulations  promulgated  thereunder.  Nor  shall
 anything in this act be interpreted or construed as modifying or affect-
 ing any authorizations, requirements, or  procedures  other  than  those
 pertaining  to  environmental  review conducted pursuant to article 8 of
 the environmental conservation law and any state and  local  regulations
 promulgated thereunder.
   §  7.  This  act  shall take effect immediately and shall apply to all
 pending proceedings on and after such effective date; provided, however,
 that actions for which  a  determination  to  require  an  environmental
 impact  statement are made prior to the effective date of this act shall
 not be subject to the provisions of this act.
 
                                  PART S
 
   Section 1. Subdivisions 2 and 3 of section  54-1521  of  the  environ-
 mental  conservation law, as amended by section 1 of part CCC of chapter
 55 of the laws of 2021, paragraph a of subdivision 2 and paragraph a  of
 subdivision  3  as amended by section 1 of part CCC of chapter 58 of the
 laws of 2025, are amended to read as follows:
 S. 9008--A                         39                        A. 10008--A
 
   2. a. Until April 1, 2029, the commissioner, in consultation with  the
 New  York state energy research and development authority, is authorized
 to issue rebates until the annual allocation  is  exhausted  to  munici-
 palities  toward  the cost of any eligible infrastructure projects which
 support the development of clean vehicles.
   b.  The  department,  in  consultation  with the New York state energy
 research and development authority, shall determine the  amount  of  the
 rebate for eligible infrastructure projects[, provided that an applicant
 for  such  eligible  infrastructure project rebate may receive a maximum
 rebate of two hundred fifty  thousand  dollars  per  facility,  provided
 however that infrastructure projects that will maximize access by multi-
 ple public users who might otherwise not have access may receive a maxi-
 mum of three hundred thousand dollars per facility].
   3.  a. Until April 1, 2029, the commissioner, in consultation with the
 New York state energy research and development authority, is  authorized
 to  issue  rebates  until  the annual allocation is exhausted to munici-
 palities toward the cost of eligible purchases of clean vehicles.
   b. The department, in consultation with  the  New  York  state  energy
 research  and  development  authority, shall determine the amount of the
 rebate taking into consideration the electric  range  of  the  vehicle[,
 provided  that  a  rebate of an eligible purchase shall be not less than
 two thousand five hundred dollars per vehicle and not  more  than  seven
 thousand five hundred dollars per vehicle].
   § 2. This act shall take effect immediately.
 
                                  PART T
 
   Section  1. Section 2 of chapter 584 of the laws of 2011, amending the
 public authorities law relating to the powers and duties of the dormito-
 ry authority of the state of New York relative to the  establishment  of
 subsidiaries  for certain purposes, as amended by section 1 of part V of
 chapter 58 of the laws of 2024, is amended to read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed on July 1, [2026] 2028; provided however, that the expi-
 ration  of  this  act  shall  not  impair or otherwise affect any of the
 powers, duties, responsibilities, functions, rights  or  liabilities  of
 any  subsidiary  duly  created  pursuant  to  subdivision twenty-five of
 section 1678 of the public authorities law prior to such expiration.
   § 2. This act shall take effect immediately.
 
                                  PART U
 
   Section 1. This Part enacts into law components of legislation  relat-
 ing  to  the conveyance and use of real property owned and maintained by
 the state university of New York and the New York  state  department  of
 transportation.  Each  component  is  wholly  contained within a Subpart
 identified as Subparts A through C. The effective date for each  partic-
 ular  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 refer-
 ence to a section "of this act",  when  used  in  connection  with  that
 particular  component,  shall  be deemed to mean and refer to the corre-
 sponding section of the Subpart in which it is found. Section  three  of
 this Part sets forth the general effective date of this Part.
 
                                 SUBPART A
 S. 9008--A                         40                        A. 10008--A
 
   Section  1. Legislative findings. The legislature finds that the state
 university of New York at Farmingdale [("Farmingdale")] ("the  universi-
 ty")  seeks  to  use  approximately  [8.7]  9.26 acres of vacant land on
 Farmingdale's campus to build multi-purpose facilities to support  hous-
 ing  needs  and  supporting  amenities, fulfilling a necessary and vital
 public purpose. The legislature further finds that granting the trustees
 of the state university of New York ("trustees") the authority and power
 to lease and otherwise contract to make available grounds and facilities
 of the Farmingdale campus will ensure such  land  is  utilized  for  the
 benefit  of  Farmingdale,  the  surrounding  community,  and the general
 public.
   § 2. Notwithstanding any other law to the contrary, the state  univer-
 sity  trustees  are  hereby authorized and empowered, without any public
 bidding, to lease and otherwise contract to make available  to  Farming-
 dale  state  development  corporation, a not-for-profit corporation (the
 "ground lessee"), a portion of the lands of [Farmingdale] the university
 generally  described  in  this  act  for  the  purpose  of   developing,
 constructing,  maintaining  and  operating  multi-purpose  facilities to
 support housing needs and supporting amenities. Such lease  or  contract
 shall  be  for  a period not exceeding ninety-nine years without any fee
 simple conveyance and otherwise upon terms and conditions determined  by
 such  trustees,  subject to the approval of the director of the division
 of the budget, the attorney general and the state  comptroller.  In  the
 event  that  the  real  property  that  is  the subject of such lease or
 contract shall cease to be used for the purpose described in  this  act,
 such lease or contract shall immediately terminate, and the real proper-
 ty  and any improvements thereon shall revert to the state university of
 New York.  Any lease or contract entered into pursuant to this act shall
 provide that the real property that is the  subject  of  such  lease  or
 contract  and any improvements thereon shall revert to the state univer-
 sity of New York on the expiration of such contract or  lease.  Any  and
 all  proceeds related to the leases authorized by this act shall be used
 for the benefit of the Farmingdale campus and  the  allocation  of  such
 proceeds shall be subject to approval by the trustees.
   §  3. Any contract or lease entered into pursuant to this act shall be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive law, and any contractor, subcontractor, lessee or sublessee  enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement  authorized  pursuant  to  this  act shall be deemed a state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   § 4. Notwithstanding any general, special or  local  law  or  judicial
 decision  to the contrary, all work performed on a project authorized by
 this act where all or any portion thereof involves a lease or  agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation, repair, renovation, alteration or improvement  shall  be  deemed
 public work and shall be subject to and performed in accordance with the
 provisions  of  article 8 of the labor law to the same extent and in the
 same manner as a contract of the state,  and  compliance  with  all  the
 provisions  of  article  8  of  the  labor  law shall be required of any
 lessee, sublessee, contractor or subcontractor on the project, including
 the enforcement of prevailing wage requirements by the fiscal officer as
 defined in paragraph e of subdivision 5 of section 220 of the labor  law
 to the same extent as a contract of the state.
 S. 9008--A                         41                        A. 10008--A
 
   §  5. Notwithstanding any law, rule or regulation to the contrary, the
 state university of New York shall not contract out to the ground lessee
 or any subsidiary for the instruction or any  pedagogical  functions  or
 services,  or  any  administrative  services,  and  similar professional
 services  currently  being  performed by state employees. All such func-
 tions and services shall be performed by state employees pursuant to the
 civil service law. Nothing in this act shall result in the  displacement
 of  any currently employed state worker or the loss of position (includ-
 ing partial displacement such as reduction in the hours of non-overtime,
 wages or employment benefits), or result in the impairment  of  existing
 contracts  for  services  or  collective  bargaining  rights pursuant to
 existing agreements as provided under article 14 of  the  civil  service
 law.  All positions currently at the state university of New York in the
 unclassified service  shall  remain  in  the  unclassified  service.  No
 services  or  work  on  the  property  described  in  this act currently
 performed by public employees at the time of the effective date of  this
 act,  or that is similar in scope and nature to the work being currently
 performed by public employees at the time of the effective date of  this
 act,  shall  be  contracted out or privatized by the state university of
 New York. The state university of New York acknowledges its  obligations
 as  an  employer under the civil service law and agrees that it will not
 exercise its right to contract out for  goods  and  services  under  any
 applicable collective bargaining agreement.
   §6. 1. The provisions of this section shall only apply to employees in
 the unclassified service at the state university of New York.
   2.  Notwithstanding  any  law, rule or regulation to the contrary, the
 state university of New York or an affiliated or  associated  entity  of
 the  state  university  of New York shall not contract out to the ground
 lessee or any subsidiary of the ground lessee or the research foundation
 for the state university of New York for any services or  privatize  any
 services  currently  being  performed  by  employees in the unclassified
 service at the state university of New York  at  Farmingdale.  All  such
 functions  and services currently performed by employees in unclassified
 service shall be performed by employees in the unclassified service.
   3. Nothing in this act relating to the lease of  property  to  private
 entities  for  the development, construction, or operation of facilities
 shall be deemed to waive or impair any rights or benefits  of  employees
 of the state university of New York that otherwise would be available to
 them pursuant to the terms of agreements between the certified represen-
 tatives  of  such  employees  and the state of New York or provisions of
 article fourteen of the civil service law. The state university  of  New
 York  and  the  state  of  New  York acknowledge their obligations as an
 employer and agree that they will not exercise their right  to  contract
 out for services under any applicable collective bargaining agreement.
   § 7. For the purposes of this act:
   (a)  "project"  shall mean work at the property authorized by this act
 to be leased to the ground lessee as described in  section  thirteen  of
 this act that involves the design, construction, reconstruction, demoli-
 tion,  excavating,  rehabilitation,  repair,  renovation,  alteration or
 improvement of such property.
   (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
 bargaining  agreement  between  a  contractor  and a labor organization,
 establishing the labor organization as the collective bargaining  repre-
 sentative  for  all  persons  who  will perform work on the project, and
 which provides that only contractors and subcontractors who sign a  pre-
 S. 9008--A                         42                        A. 10008--A
 
 negotiated  agreement  with  the  labor organization can perform project
 work.
   §8.  Nothing in this act shall be deemed to waive or impair any rights
 or benefits of employees of the state university of New York that other-
 wise would be available to them pursuant  to  the  terms  of  agreements
 between the certified representatives of such employees and the state of
 New  York  pursuant to article 14 of the civil service law, and all work
 performed on such property that ordinarily would be performed by employ-
 ees subject to article 14 of the civil service law shall continue to  be
 performed by such employees.
   §9.  Notwithstanding  the provisions of any general, special, or local
 law or judicial decision  to  the  contrary,  the  ground  lessee  shall
 require  the use of a project labor agreement, as defined in subdivision
 1 of section 222 of the labor law, for all contractors  and  subcontrac-
 tors  on  the project, consistent with paragraph (a) of subdivision 2 of
 section 222 of the labor law.
   § [5] 10.  Without limiting the determination of the terms and  condi-
 tions of such contracts or leases, such terms and conditions may provide
 for  leasing,  subleasing, construction, reconstruction, rehabilitation,
 improvement, operation and management of and provision of  services  and
 assistance  and  the  granting of licenses, easements and other arrange-
 ments with regard to such grounds and facilities by  [Farmingdale  state
 development  corporation,] the ground lesee and parties contracting with
 [Farmingdale state development corporation], the ground  lessee  and  in
 connection  with such activities, the obtaining of funding or financing,
 whether public or private, unsecured  or  secured,  including,  but  not
 limited  to, secured by leasehold mortgages and assignments of rents and
 leases, by [Farmingdale state development corporation] the ground lessee
 and parties contracting with [Farmingdale state development corporation]
 the ground lessee for the purposes of completing the  project  described
 in this act.
   § [6] 11.  Such lease shall include an indemnity provision whereby the
 lessee  or sublessee promises to indemnify, hold harmless and defend the
 lessor against all claims, suits, actions, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, customers, guests,  licensees,  invitees  and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § [7] 12.  Any contracts entered into pursuant to this act between the
 ground lessee and parties contracting with the ground  lessee  shall  be
 awarded by a competitive process.
   §  [8] 13.  The property authorized by this act to be leased to [Farm-
 ingdale state development corporation] the ground  lessee  is  generally
 described  as  that  parcel  of  real property with improvements thereon
 consisting of a total of [8.7] 9.26 acres situated on the campus of  the
 state  university  of  New  York at Farmingdale, subject to all existing
 easements and restrictions of record. The description in this section of
 the parcel to be made available pursuant to this act is not meant to  be
 a legal description, but is intended only to identify the parcel:
   All  that  certain  plot,  piece or parcel of land, situate, lying and
 being at Melville, Town of Huntington, County of Suffolk  and  State  of
 New  York,  being  more  particularly  bounded and described as follows:
 BEGINNING at the corner formed by the intersection of the southerly side
 of Melville Road with the westerly  side  of  Route  110  (Broad  Hollow
 Road).  Running  Thence the following 12 (twelve) courses and distances:
 S. 9008--A                         43                        A. 10008--A
 
 1. Southerly, along the westerly side of Route 110, along the arc  of  a
 curve,  bearing  to  the  right,  having  a radius of 5629.58 feet and a
 length of 241.37 feet; 2. Still along said side,  South  18  degrees  09
 minutes  05  seconds West, a distance of 121.11 feet; 3. Westerly, North
 56 degrees 29 minutes 30 seconds West, a distance  of  100.00  feet;  4.
 Southerly,  South  15  degrees 47 minutes 32 seconds West, a distance of
 125.97 feet; 5.  Westerly, North 56 degrees 29 minutes 30 seconds  West,
 a  distance  of  545.14  feet;  6.  Still  westerly, North 56 degrees 05
 minutes 25 seconds West, a distance of 382.45 feet; 7.  Still  westerly,
 North  56 degrees 57 minutes 00 seconds West, a distance of 300 feet, to
 the southerly side of Melville Road; 8. Easterly, along said side, along
 the arc of a curve, bearing to the right,  having  a  radius  of  512.54
 feet,  and  a  length of 485.98 feet; 9. Still along said side, South 66
 degrees 50 minutes 52 seconds East, a distance of 196.45 feet; 10. Still
 along said side, along the arc of a curve, bearing to the left, having a
 radius of 1313.24 feet and a length of 274.97 feet; 11. Still along said
 side, South 78 degrees 50 minutes 40 seconds East, a distance of  228.40
 feet;  12. Still along said side, South 45 degrees 52 minutes 29 seconds
 East, a distance of 130.39 feet, to the westerly side of Route  110,  at
 the  Point  or Place of BEGINNING. Containing within said bounds an area
 of 9.26 acres more or  less.  Subject  to  all  existing  easements  and
 restrictions of record.
   [The property is situated at the southwest corner of NYS Route 110 and
 Melville  Road.  The eastern boundary runs north/south along the western
 side of NYS Route 110 with  approximately  450  feet  of  frontage.  The
 northern boundary runs along Melville Road for just over 1,000 feet.]
   §  [9]  14.    The  state university of New York shall not lease lands
 described in this act unless any such lease shall be executed  within  5
 years of the effective date of this act.
   §  [10]  15.    Insofar as the provisions of this act are inconsistent
 with  the  provisions  of  any  law,  general,  special  or  local,  the
 provisions of this act shall be controlling.
   § 11. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1. Legislative findings. The legislature finds that the state
 university of New York at Stony Brook [("Stony Brook")] ("the  universi-
 ty") seeks to use approximately [10] 11.5 acres of underutilized land on
 Stony  Brook's  Southampton  campus to build multi-purpose facilities to
 support housing needs and supporting amenities, fulfilling  a  necessary
 and  vital  public purpose.  The legislature further finds that granting
 the trustees of the  state  university  of  New  York  ("trustees")  the
 authority  and  power  to lease and otherwise contract to make available
 grounds and facilities of Stony Brook's campus will ensure such land  is
 utilized  for the benefit of Stony Brook, the surrounding community, and
 the general public.
   § 2. Notwithstanding any other law to the contrary, the state  univer-
 sity  trustees are authorized and empowered, without any public bidding,
 to lease and otherwise contract to make available to Stony Brook  South-
 ampton  Housing Development Corp., a not-for-profit ([a] ground lessee),
 a portion of  the  lands  of  [Stony  Brook]  the  university  generally
 described in this act for the purpose of developing, constructing, main-
 taining  and operating multi-purpose facilities to support housing needs
 and supporting amenities. Such lease or contract shall be for  a  period
 not  exceeding  ninety-nine  years without any fee simple conveyance and
 S. 9008--A                         44                        A. 10008--A
 
 otherwise upon terms and conditions determined by such trustees, subject
 to the approval of the director of  the  division  of  the  budget,  the
 attorney  general  and the state comptroller. In the event that the real
 property that is the subject of such lease or contract shall cease to be
 used for the purpose described in this act, such lease or contract shall
 immediately terminate and the real property and any improvements thereon
 shall  revert to the state university of New York. Any lease or contract
 entered into pursuant to this act shall provide that the  real  property
 that is the subject of such lease or contract and any improvements ther-
 eon  shall  revert to the state university of New York on the expiration
 of such contract or lease. [Any and all proceeds related to  the  leases
 authorized  by this act shall be used for the benefit of the Stony Brook
 campus and the allocation of such proceeds shall be subject to  approval
 by the trustees.]
   §  3. Any contract or lease entered into pursuant to this act shall be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive law, and any contractor, subcontractor, lessee or sublessee  enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement  authorized  pursuant  to  this  act shall be deemed a state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   § 4. Notwithstanding any general, special or  local  law  or  judicial
 decision  to the contrary, all work performed on a project authorized by
 this act where all or any portion thereof involves a lease or  agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation, repair, renovation, alteration or improvement  shall  be  deemed
 public work and shall be subject to and performed in accordance with the
 provisions  of  article 8 of the labor law to the same extent and in the
 same manner as a contract of the state,  and  compliance  with  all  the
 provisions  of  article  8  of  the  labor  law shall be required of any
 lessee, sublessee, contractor or subcontractor on the project, including
 the enforcement of prevailing wage requirements by the fiscal officer as
 defined in paragraph e of subdivision 5 of section 220 of the labor  law
 to the same extent as a contract of the state.
   §5.  Notwithstanding  any law, rule or regulation to the contrary, the
 state university of New York shall not contract out to the ground lessee
 or any subsidiary for the instruction or any  pedagogical  functions  or
 services,  or  any  administrative  services,  and  similar professional
 services currently being performed by state employees.  All  such  func-
 tions and services shall be performed by state employees pursuant to the
 civil  service law. Nothing in this act shall result in the displacement
 of any currently employed state worker or the loss of position  (includ-
 ing partial displacement such as reduction in the hours of non-overtime,
 wages  or  employment benefits), or result in the impairment of existing
 contracts for services  or  collective  bargaining  rights  pursuant  to
 existing  agreements  as  provided under article 14 of the civil service
 law. All positions currently at the state university of New York in  the
 unclassified  service  shall  remain  in  the  unclassified  service. No
 services or work  on  the  property  described  in  this  act  currently
 performed  by public employees at the time of the effective date of this
 act, or that is similar in scope and nature to the work being  currently
 performed  by public employees at the time of the effective date of this
 act, shall be contracted out or privatized by the  state  university  of
 New  York. The state university of New York acknowledges its obligations
 as an employer under the civil service law and agrees that it  will  not
 S. 9008--A                         45                        A. 10008--A
 
 exercise  its  right  to  contract  out for goods and services under any
 applicable collective bargaining agreement.
   §6. 1. The provisions of this section shall only apply to employees in
 the unclassified service at the state university of New York.
   2.  Notwithstanding  any  law, rule or regulation to the contrary, the
 state university of New York or an affiliated or  associated  entity  of
 the  state  university  of New York shall not contract out to the ground
 lessee or any subsidiary of the ground lessee or the research foundation
 for the state university of New York for any services or  privatize  any
 services  currently  being  performed  by  employees in the unclassified
 service at the state university of New  York  at  Stonybrook.  All  such
 functions  and services currently performed by employees in unclassified
 service shall be performed by employees in the unclassified service.
   3. Nothing in this act relating to the lease of  property  to  private
 entities  for  the development, construction, or operation of facilities
 shall be deemed to waive or impair any rights or benefits  of  employees
 of the state university of New York that otherwise would be available to
 them pursuant to the terms of agreements between the certified represen-
 tatives  of  such  employees  and the state of New York or provisions of
 article fourteen of the civil service law. The state university  of  New
 York  and  the  state  of  New  York acknowledge their obligations as an
 employer and agree that they will not exercise their right  to  contract
 out for services under any applicable collective bargaining agreement.
   §7. For the purposes of this act:
   (a)  "project"  shall mean work at the property authorized by this act
 to be leased to the ground lessee as described in  section  thirteen  of
 this act that involves the design, construction, reconstruction, demoli-
 tion,  excavating,  rehabilitation,  repair,  renovation,  alteration or
 improvement of such property.
   (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
 bargaining  agreement  between  a  contractor  and a labor organization,
 establishing the labor organization as the collective bargaining  repre-
 sentative  for  all  persons  who  will perform work on the project, and
 which provides that only contractors and subcontractors who sign a  pre-
 negotiated  agreement  with  the  labor organization can perform project
 work.
   §8. Nothing in this act shall be deemed to waive or impair any  rights
 or benefits of employees of the state university of New York that other-
 wise  would  be  available  to  them pursuant to the terms of agreements
 between the certified representatives of such employees and the state of
 New York pursuant to article 14 of the civil service law, and  all  work
 performed on such property that ordinarily would be performed by employ-
 ees  subject to article 14 of the civil service law shall continue to be
 performed by such employees.
   §9. Notwithstanding the provisions of any general, special,  or  local
 law  or  judicial  decision  to  the  contrary,  the ground lessee shall
 require the use of a project labor agreement, as defined in  subdivision
 1  of  section 222 of the labor law, for all contractors and subcontrac-
 tors on the project, consistent with paragraph (a) of subdivision  2  of
 section 222 of the labor law
   §  [5] 10.  Without limiting the determination of the terms and condi-
 tions of such contracts or leases, such terms and conditions may provide
 for leasing, subleasing, construction,  reconstruction,  rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments  with  regard to such grounds and facilities by the ground lessee,
 S. 9008--A                         46                        A. 10008--A
 
 and parties contracting with the ground lessee, and in  connection  with
 such  activities,  the obtaining of funding or financing, whether public
 or private, unsecured or secured, including, but not limited to, secured
 by  leasehold  mortgages  and  assignments  of  rents and leases, by the
 ground lessee and parties contracting with the  ground  lessee  for  the
 purposes of completing the project described in this act.
   § [6] 11.  Such lease shall include an indemnity provision whereby the
 lessee  or sublessee promises to indemnify, hold harmless and defend the
 lessor against all claims, suits, actions, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, customers, guests,  licensees,  invitees  and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § [7] 12.  Any contracts entered into pursuant to this act between the
 ground lessee and parties contracting with the ground  lessee  shall  be
 awarded by a competitive process.
   §  [8]  13.    The property authorized by this act to be leased to the
 ground lessee is generally described as that  parcel  of  real  property
 with  improvements  thereon  consisting of a total of approximately [10]
 11.5 acres of land situated on  the  Southampton  campus  of  the  state
 university  of  New  York at Stony Brook, [subject to all existing ease-
 ments and restrictions of record]. The description in  this  section  of
 the  parcel to be made available pursuant to this act is not meant to be
 a legal description, but is intended only to identify the parcel:
   Beginning at a point on the southerly sideline of section  211,  block
 6,  lot  9,  now  or  formerly belonging to the MTA-LIRR, the said point
 being distant 1135.50 feet on a bearing of south 86 degrees  01  minutes
 07 seconds west from the intersection of the said lirr sideline with the
 westerly  sideline of tuckahoe road (50 feet wide), and running from the
 said point of beginning; thence running through section  211,  block  1,
 lot 1 the following nine (9) courses:
 (1) South 00 degrees 15 minutes 03 seconds east for a distance of 456.85
 feet; thence
 (2)  South  85  degrees  52 minutes 00 seconds west, a distance of 97.30
 feet to a point of curvature; thence
 (3) On a curve to the left having a radius of  100.00  feet,  a  central
 angle  of  19  degrees  15 minutes 58 seconds and an arc length of 33.63
 feet to a point of reverse curvature; thence
 (4) On a curve to the right having a radius of 100.00  feet,  a  central
 angle  of  17  degrees  48 minutes 58 seconds and an arc length of 31.09
 feet to a point of tangency; thence
 (5) South 84 degrees 25 minutes 00 seconds west, a  distance  of  105.00
 feet to a point of curvature; thence
 (6)  On  a  curve  to  the left having a radius of 65.00 feet, a central
 angle of 73 degrees 17 minutes 00 seconds and an  arc  length  of  83.14
 feet to a point of tangency; thence
 (7)  South  11  degrees  08 minutes 00 seconds west, a distance of 54.50
 feet; thence
 (8) South 31 degrees 46 minutes 02 seconds west,  being  radial  to  the
 following course, a distance of 48.50 feet; thence
 (9)  On  a  curve  to the left having a radius of 125.00 feet, a central
 angle of 39 degrees 49 minutes 32 seconds, and an arc  length  of  86.89
 feet to a point of tangency; thence
 (10)  Continuing  through  said  lot lot 1, passing through section 210,
 block 2, lot 26 and then crossing into section 210,  block  2,  lot  25,
 S. 9008--A                         47                        A. 10008--A
 
 south  81  degrees 56 minutes 30 seconds west, a distance of 326.00 feet
 to a point of curvature; thence
 (11)  Continuing  through  said  lot 25, on a curve to the left having a
 radius of 100.00 feet, a central angle  of  43  degrees  59  minutes  00
 seconds, and an arc length of 76.77 feet to a point of tangency; thence
 (12)  Continuing  through  said  lot 25 and crossing back into aforemen-
 tioned lot 26, south 37 degrees 57 minutes 30 seconds west,  a  distance
 of 250.00 feet; thence
 (13)  Continuing  through  said  lot  26, south 59 degrees 26 minutes 00
 seconds west, a distance of 32.50 feet; thence
 (14) Continuing through said lot 26 and  crossing  back  into  aforemen-
 tioned  lot  25, north 30 degrees 34 minutes 00 seconds west, a distance
 of 126.00 feet to a point of curvature; thence
 (15) Continuing through said lot 25, on a curve to  the  left  having  a
 radius  of  65.00  feet,  a  central  angle  of 48 degrees 54 minutes 30
 seconds, and an arc length of 55.48 feet to a point of tangency; thence
 (16) Continuing through the same, north 79 degrees 28 minutes 30 seconds
 west, a distance of 92.22 feet; thence
 (17) Along the dividing line of said lot 25 to  the  east  with  section
 210,  block  2,  lot  11.3  to  the west, north 17 degrees 43 minutes 47
 seconds east, a distance of 160.35 feet; thence
 (18) Along the dividing line of  said  lot  25  to  the  southeast  with
 section  210,  block 2, lots 11.3, 11.4 and 11.5 to the northwest, north
 55 degrees 50 minutes 47 seconds east, a distance of 438.30 feet; thence
 (19) Along the dividing line of aforementioned lot 1  to  the  southeast
 with  said  lot  11.5  to  the northwest, north 55 degrees 51 minutes 07
 seconds east, a distance of 315.93 feet; thence
 (20) Along same, north 24 degrees 08 minutes 33 seconds west, a distance
 of 155.67 feet; thence
 (21) Along the dividing line of said lot 1 to the south  with  aforemen-
 tioned  lot 9 to the north, north 86 degrees 01 minutes 07 seconds east,
 a distance of 593.70 feet to the point and place of beginning.
 The above-described lease area contains 500,818 square feet  or  11.4972
 acres  of  land.  Subject  to all existing easements and restrictions of
 record.
   § [9] 14.  The state university of New  York  shall  not  lease  lands
 described  in  this act unless any such lease shall be executed within 5
 years of the effective date of this act.
   § [10] 15.  Insofar as the provisions of  this  act  are  inconsistent
 with  the  provisions  of  any  law,  general,  special  or  local,  the
 provisions of this act shall be controlling.
   § [11] 16. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Notwithstanding the provisions of section 400 of the trans-
 portation law, or any other  provision  of  law  to  the  contrary,  the
 commissioner  of  transportation  is  hereby authorized and empowered to
 transfer and convey certain state-owned real property, as  described  in
 section  two  of this act, upon such terms and conditions as the commis-
 sioner may deem appropriate.
   § 2. The lands authorized by this act to be conveyed  consist  of  two
 parcels of land in the town of Babylon, Suffolk county, constituting tax
 map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and
 generally  described  as approximately twelve and one-half acres of land
 located north of Conklin Street and east of Route 110.
 S. 9008--A                         48                        A. 10008--A
 
   § 3. The description in section two of this act of  the  lands  to  be
 conveyed  is not intended to be a legal description and is intended only
 to identify the premises to be conveyed.
   § 4. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or subpart of this part shall be adjudged by any court of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder of that subpart or  this  part,  but
 shall  be  confined in its operation to the clause, sentence, paragraph,
 subdivision, section, or subpart directly involved in the controversy in
 which such judgment shall have been rendered. It is hereby  declared  to
 be  the intent of the legislature that this part and each subpart herein
 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 V
 
   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 EE of chapter 58 of the
 laws of 2025, 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, [2026] 2027.
   § 2. This act shall take effect immediately.
 
                                  PART W
 
   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 FF of chapter 58 of the laws  of  2025,  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, [2026]  2027,  at  which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban  development  corporation  act shall be deemed repealed; provided,
 however, that neither the expiration nor the repeal of such  subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any  loan  made  pursuant  to the authority of such subdivision prior to
 such expiration and repeal.
   § 2. This act shall take effect immediately.
 
                                  PART X
 
   Section 1. The general business law is amended by adding a new article
 45-B to read as follows:
                               ARTICLE 45-B
                      DIGITAL CONTENT PROVENANCE ACT
 SECTION 1530. DEFINITIONS.
         1531. SYNTHETIC CONTENT CREATIONS SYSTEM.
         1532. CONTENT PROVENANCE VERIFICATION.
         1533. EXCEPTIONS.
 S. 9008--A                         49                        A. 10008--A
 
         1534. ENFORCEMENT BY ATTORNEY GENERAL.
   § 1530. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "PROVENANCE DATA" MEANS DATA THAT RECORDS THE ORIGIN, OR HISTORY OF
 MODIFICATION OF DIGITAL CONTENT AND IS COMMUNICATED AS A CONTENT CREDEN-
 TIAL,  WHICH AT A MINIMUM INCLUDES:  (A) INFORMATION ABOUT THE ORIGIN OR
 CREATION OF THE CONTENT; (B) SUBSEQUENT EDITING OR MODIFICATION  TO  THE
 CONTENT  OR  ITS  METADATA; AND (C) USE OF A SYNTHETIC CONTENT CREATIONS
 SYSTEM IN GENERATING OR MODIFYING THE CONTENT. SUCH INFORMATION SHALL BE
 CRYPTOGRAPHICALLY BOUND TO THE UNDERLYING FILE AND USE  SIGNING  CREDEN-
 TIALS.  A  SYNTHETIC  CONTENT  CREATIONS  SYSTEM PROVIDER WILL BE DEEMED
 COMPLIANT WITH THIS SUBDIVISION IF SUCH CONTENT CREDENTIAL IS CONSISTENT
 WITH THE TECHNICAL SPECIFICATION FOR CONTENT  CREDENTIALS  PUBLISHED  BY
 THE COALITION FOR CONTENT PROVENANCE AND AUTHENTICITY, OR SIMILAR ESTAB-
 LISHED  STANDARDS-SETTING  BODY.  "PROVENANCE  DATA"  SHALL  NOT INCLUDE
 PERSONAL INFORMATION AS DEFINED  IN  SUBDIVISION  FIVE  OF  SECTION  TWO
 HUNDRED  TWO  OF  THE STATE TECHNOLOGY LAW, OR UNIQUE DEVICE, SYSTEM, OR
 SERVICE INFORMATION THAT IS REASONABLY CAPABLE OF BEING ASSOCIATED  WITH
 A  PARTICULAR  USER,  INCLUDING  BUT NOT LIMITED TO AN INTERNET PROTOCOL
 ADDRESS, UNLESS A USER CHOOSES TO INCLUDE SUCH PERSONAL  INFORMATION  IN
 SUCH DATA DESCRIBED IN PARAGRAPH (A), (B), OR (C) OF THIS SUBDIVISION.
   2.  "GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM" MEANS A CLASS OF ARTI-
 FICIAL INTELLIGENCE MODELS THAT EMULATE  THE  STRUCTURE  AND  CHARACTER-
 ISTICS  OF  INPUT DATA TO GENERATE DERIVED SYNTHETIC CONTENT, INCLUDING,
 BUT NOT LIMITED TO, IMAGES,  VIDEOS,  AUDIO,  TEXT,  AND  OTHER  DIGITAL
 CONTENT.
   3.  "SYNTHETIC  CONTENT"  MEANS  AUDIO OR VISUAL CONTENT THAT HAS BEEN
 GENERATED OR MODIFIED BY A SYNTHETIC CONTENT CREATIONS SYSTEM.
   4. "SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER" MEANS AN ORGANIZATION
 OR INDIVIDUAL THAT CREATES, CODES, OR  OTHERWISE  PRODUCES  A  SYNTHETIC
 CONTENT  CREATIONS SYSTEM THAT IS MADE PUBLICLY AVAILABLE FOR USE BY NEW
 YORK RESIDENTS, REGARDLESS OF WHETHER THE  TERMS  OF  SUCH  USE  INCLUDE
 COMPENSATION.
   5.  "SYNTHETIC  CONTENT  CREATIONS  SYSTEM  HOSTING PLATFORM" MEANS AN
 ONLINE REPOSITORY OR  OTHER  WEBSITE  THAT  MAKES  A  SYNTHETIC  CONTENT
 CREATIONS SYSTEM AVAILABLE FOR USE BY A NEW YORK RESIDENT, REGARDLESS OF
 WHETHER  THE  TERMS OF SUCH USE INCLUDE COMPENSATION.  SYNTHETIC CONTENT
 CREATIONS SYSTEM HOSTING PLATFORM DOES NOT INCLUDE CLOUD COMPUTING PLAT-
 FORMS OR OTHER SERVICES THAT MAKE SYNTHETIC  CONTENT  CREATIONS  SYSTEMS
 AVAILABLE  FOR  USE BY A NEW YORK STATE RESIDENT SOLELY AT THE DIRECTION
 OF OTHERS.
   6. "SOCIAL MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS  IN  SECTION
 ELEVEN HUNDRED OF THIS CHAPTER.
   7.  "COVERED USER" SHALL MEAN A USER OF A LARGE ONLINE PLATFORM IN THE
 STATE, NOT ACTING AS AN OPERATOR, OR AGENT OR AFFILIATE OF THE  OPERATOR
 OF SUCH LARGE ONLINE PLATFORM OR ANY PORTION THEREOF.
   8.  "ARTIFICIAL  INTELLIGENCE" OR "ARTIFICIAL INTELLIGENCE TECHNOLOGY"
 MEANS A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF  HUMAN-DEFINED
 OBJECTIVES,  MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS INFLUENCING
 REAL OR VIRTUAL ENVIRONMENTS, AND THAT  USES  MACHINE-  AND  HUMAN-BASED
 INPUTS  TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH PERCEP-
 TIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE MODEL
 INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION.
   9. "AI MODEL" MEANS AN INFORMATION SYSTEM OR A COMPONENT OF AN  INFOR-
 MATION  SYSTEM  THAT  IMPLEMENTS  ARTIFICIAL INTELLIGENCE TECHNOLOGY AND
 USES  COMPUTATIONAL,  STATISTICAL,  OR  MACHINE-LEARNING  TECHNIQUES  TO
 PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS.
 S. 9008--A                         50                        A. 10008--A
 
   10.  "SYNTHETIC  CONTENT CREATIONS SYSTEM" MEANS A CLASS OF GENERATIVE
 ARTIFICIAL INTELLIGENCE SYSTEMS CAPABLE OF GENERATING  WHOLLY  SYNTHETIC
 CONTENT. "SYNTHETIC CONTENT CREATIONS SYSTEM" SHALL NOT INCLUDE TECHNOL-
 OGIES  SUCH AS RED-EYE FILTERS OR OTHER TECHNOLOGIES THAT ARE ONLY CAPA-
 BLE OF MAKING CHANGES TO EXISTING AUDIO OR VISUAL CONTENT.
   11.  "LARGE ONLINE PLATFORM" MEANS A SOCIAL MEDIA PLATFORM, FILE-SHAR-
 ING PLATFORM, MASS MESSAGING PLATFORM, OR STAND-ALONE SEARCH ENGINE THAT
 DISTRIBUTES CONTENT TO USERS WHO DID NOT CREATE OR COLLABORATE IN CREAT-
 ING THE CONTENT. A "LARGE ONLINE PLATFORM" DOES NOT INCLUDE:
   (A) BROADBAND, BROADBAND SERVICE OR BROADBAND INTERNET, AS DEFINED  IN
 PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF SECTION SIXTEEN-GG OF THE URBAN
 DEVELOPMENT CORPORATION ACT; OR
   (B) A TELECOMMUNICATIONS SERVICE, AS DEFINED IN SECTION 153  OF  TITLE
 47 OF THE UNITED STATES CODE.
   12.  "MASS  MESSAGING PLATFORM" MEANS A DIRECT MESSAGING PLATFORM THAT
 ALLOWS USERS TO DISTRIBUTE CONTENT TO MORE THAN ONE HUNDRED USERS SIMUL-
 TANEOUSLY.
   § 1531. SYNTHETIC CONTENT CREATIONS SYSTEM. 1. TO  THE  EXTENT  IT  IS
 TECHNICALLY  FEASIBLE  AND  REASONABLE,  A  SYNTHETIC  CONTENT CREATIONS
 SYSTEM PROVIDER SHALL APPLY PROVENANCE DATA, EITHER DIRECTLY OR  THROUGH
 THE  USE  OF  THIRD-PARTY  TECHNOLOGY,  TO SYNTHETIC CONTENT PRODUCED OR
 MODIFIED BY A SYNTHETIC CONTENT  CREATIONS  SYSTEM  THAT  THE  SYNTHETIC
 CONTENT CREATIONS SYSTEM PROVIDER MAKES PUBLICLY AVAILABLE.
   2.  THE  APPLICATION  OF  PROVENANCE  DATA  TO  SYNTHETIC  CONTENT, AS
 REQUIRED BY THIS SECTION, SHALL, AT  A  MINIMUM,  IDENTIFY  THE  DIGITAL
 CONTENT AS SYNTHETIC AND COMMUNICATE THE FOLLOWING PROVENANCE DATA:
   (A) THAT THE CONTENT WAS CREATED OR MODIFIED USING ARTIFICIAL INTELLI-
 GENCE;
   (B) THE NAME OF THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER;
   (C) THE TIME AND DATE THE PROVENANCE DATA WAS APPLIED;
   (D)  THE  TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED TO GENERATE
 THE IMAGE, AUDIO, OR VIDEO; AND
   (E) THE NAME OF THE TOOL USED TO APPLY THE PROVENANCE DATA.
   3. SYNTHETIC CONTENT CREATIONS SYSTEM HOSTING PLATFORMS SHALL NOT MAKE
 AVAILABLE A SYNTHETIC CONTENT CREATIONS SYSTEM WHERE THE  HOSTING  PLAT-
 FORM KNOWS THAT THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER FOR SUCH
 SYSTEM  DOES NOT APPLY PROVENANCE DATA TO CONTENT CREATED OR MODIFIED BY
 THE ARTIFICIAL INTELLIGENCE SYSTEM IN A MANNER CONSISTENT WITH  SPECIFI-
 CATIONS  SET  FORTH  IN  THIS  SECTION,  NOR  SHALL  A SYNTHETIC CONTENT
 CREATIONS SYSTEM  HOSTING  PLATFORM  DELIBERATELY  PREVENT  A  SYNTHETIC
 CONTENT  CREATIONS  SYSTEM  PROVIDER  FROM  APPLYING  PROVENANCE DATA TO
 CONTENT CREATED OR MODIFIED BY A SYNTHETIC CONTENT CREATIONS SYSTEM IN A
 MANNER CONSISTENT WITH THE SPECIFICATIONS SET FORTH IN THIS SECTION.
   4. THE PROVISIONS OF  THIS  SECTION  SHALL  ONLY  APPLY  TO  SYNTHETIC
 CONTENT CREATIONS SYSTEMS THAT WERE CREATED OR MODIFIED AFTER THE EFFEC-
 TIVE DATE OF THIS ARTICLE.
   §  1532.  CONTENT  PROVENANCE  VERIFICATION.  1.  A  SYNTHETIC CONTENT
 CREATIONS SYSTEM PROVIDER SHALL, TO THE EXTENT TECHNICALLY FEASIBLE  AND
 REASONABLE,  MAKE AVAILABLE A PROVENANCE READER TOOL, WHETHER CREATED BY
 SUCH PROVIDER OR A THIRD-PARTY, AT NO COST TO A USER, THAT MEETS ALL  OF
 THE FOLLOWING CRITERIA:
   (A)  THE  PROVENANCE READER TOOL ENABLES A USER TO ASSESS WHETHER ONLY
 IMAGE, VIDEO, OR AUDIO CONTENT, OR CONTENT THAT IS ANY COMBINATION THER-
 EOF, WAS CREATED OR MODIFIED BY THE SYNTHETIC CONTENT  CREATIONS  SYSTEM
 PROVIDER;
 S. 9008--A                         51                        A. 10008--A
 
   (B)  THE  PROVENANCE  READER  TOOL OUTPUTS ANY PROVENANCE DATA THAT IS
 DETECTED IN THE CONTENT;
   (C)  THE  PROVENANCE READER TOOL DOES NOT OUTPUT ANY PERSONAL INFORMA-
 TION, AS DEFINED IN SUBDIVISION FIVE  OF  SECTION TWO  HUNDRED   TWO  OF
 THE  STATE TECHNOLOGY LAW, OR UNIQUE DEVICE, SYSTEM, OR SERVICE INFORMA-
 TION THAT IS REASONABLY CAPABLE  OF  BEING  ASSOCIATED WITH   A  PARTIC-
 ULAR  USER,  THAT IS DETECTED IN THE CONTENT EXCEPT WHERE USERS INDICATE
 THEIR PREFERENCE FOR INCLUDING PERSONAL INFORMATION, SUCH AS BY CHOOSING
 TO INCLUDE IT IN PROVENANCE DATA MANIFESTS;
   (D) THE PROVENANCE READER TOOL IS PUBLICLY AVAILABLE, PROVIDED THAT  A
 SYNTHETIC  CONTENT CREATIONS SYSTEM PROVIDER MAY IMPOSE REASONABLE LIMI-
 TATIONS ON ACCESS TO THE TOOL TO PREVENT, OR  RESPOND  TO,  DEMONSTRABLE
 RISKS  TO  THE  SECURITY OR INTEGRITY OF ITS SYNTHETIC CONTENT CREATIONS
 SYSTEM OR TO PREVENT MISUSE OF THE TOOL FOR MALICIOUS PURPOSES;
   (E) THE PROVENANCE READER TOOL PROVIDES AN  EXPLANATION  TO  THE  USER
 REGARDING  HOW  THE  TOOL  WORKS,  WHAT  ITS LIMITATIONS ARE, AND HOW TO
 INTERPRET THE RESULTS TO THE EXTENT POSSIBLE,  WITHOUT  UNDERMINING  ITS
 EFFECTIVENESS;
   (F)  THE  PROVENANCE  READER  TOOL  ALLOWS A USER TO UPLOAD CONTENT OR
 PROVIDE A UNIFORM RESOURCE LOCATOR (URL) LINKING TO ONLINE CONTENT; AND
   (G) THE PROVENANCE READER TOOL  SUPPORTS  AN  APPLICATION  PROGRAMMING
 INTERFACE  THAT  ALLOWS  A USER TO INVOKE SUCH TOOL WITHOUT VISITING THE
 SYNTHETIC  CONTENT CREATIONS SYSTEM PROVIDER'S WEBSITE.
   2. A SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER SHALL NOT COLLECT  OR
 RETAIN  PERSONAL INFORMATION FROM USERS OF THE PROVENANCE READER TOOL AS
 A CONDITION OF USING THE PROVENANCE READER TOOL.   A  SYNTHETIC  CONTENT
 CREATIONS  SYSTEM  PROVIDER MAY COLLECT AND RETAIN THE PERSONAL INFORMA-
 TION OF A USER WHO OPTS IN TO BEING CONTACTED BY SUCH PROVIDER  FOR  THE
 PURPOSES  OF  SUBMITTING  FEEDBACK TO SUCH PROVIDER REGARDING THE PROVE-
 NANCE READER TOOL.
   3. ANY CONTENT SUBMITTED TO THE PROVENANCE READER TOOL  SHALL  NOT  BE
 RETAINED  BY  THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER FOR LONGER
 THAN IS NECESSARY TO COMPLY WITH THIS ARTICLE.
   4. A SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER SHALL OFFER THE  USER
 THE  OPTION  TO  INCLUDE AN EASILY PERCEIVED, UNDERSTOOD OR RECOGNIZABLE
 MANIFEST DISCLOSURE IN IMAGE, VIDEO OR AUDIO CONTENT OR CONTENT THAT  IS
 ANY COMBINATION THEREOF, CREATED OR MODIFIED BY SUCH PROVIDER'S SYNTHET-
 IC CONTENT CREATIONS SYSTEM THAT MEETS THE FOLLOWING CRITERIA:
   (A) THE DISCLOSURE IDENTIFIES THE CONTENT AS AI-GENERATED CONTENT;
   (B)  THE  DISCLOSURE IS CLEAR, CONSPICUOUS, APPROPRIATE FOR THE MEDIUM
 OF THE CONTENT AND IS UNDERSTANDABLE TO A REASONABLE NATURAL PERSON; AND
   (C) THE DISCLOSURE IS PERMANENT OR EXTRAORDINARILY DIFFICULT TO REMOVE
 OR MODIFY, TO THE EXTENT TECHNICALLY FEASIBLE.
   5. (A) A LARGE ONLINE PLATFORM SHALL NOT  TO  THE  EXTENT  TECHNICALLY
 FEASIBLE,  KNOWINGLY DELETE OR DISASSOCIATE, IN WHOLE OR IN PART, PROVE-
 NANCE DATA FROM OR ASSOCIATED WITH CONTENT UPLOADED TO SUCH PLATFORM  BY
 A  COVERED  USER,  UNLESS SUCH DELETION OR DISASSOCIATION IS REQUIRED BY
 LAW. NOTHING IN THIS ARTICLE SHALL BE  CONSTRUED  AS  PROHIBITING  USERS
 FROM CHOOSING TO INCLUDE PERSONAL INFORMATION IN PROVENANCE DATA FROM OR
 ASSOCIATED WITH SUCH UPLOADED CONTENT.
   (B)  A  LARGE  ONLINE  PLATFORM  SHALL DO ALL OF THE FOLLOWING, TO THE
 EXTENT TECHNICALLY FEASIBLE AND REASONABLE:
   (I) DETECT WHETHER ANY PROVENANCE DATA THAT IS COMPLIANT  WITH  WIDELY
 ADOPTED  SPECIFICATIONS ADOPTED BY AN ESTABLISHED STANDARDS-SETTING BODY
 IS EMBEDDED INTO OR ATTACHED TO CONTENT UPLOADED OR DISTRIBUTED ON  SUCH
 PLATFORM.
 S. 9008--A                         52                        A. 10008--A
 
   (II)  PROVIDE  A  PROVENANCE READER TOOL OR USER INTERFACE TO DISCLOSE
 THE AVAILABILITY OF PROVENANCE DATA THAT  RELIABLY  INDICATES  THAT  THE
 CONTENT  WAS  GENERATED  OR  MODIFIED  BY  A SYNTHETIC CONTENT CREATIONS
 SYSTEM PROVIDER. THE USER INTERFACE OR PROVENANCE READER TOOL SHALL MAKE
 CLEARLY  AND CONSPICUOUSLY AVAILABLE TO A COVERED USER, INFORMATION THAT
 INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING:
   (A) WHETHER PROVENANCE DATA IS AVAILABLE;
   (B) THE NAME OF THE SYNTHETIC CONTENT CREATIONS SYSTEM  PROVIDER  THAT
 CREATED OR SUBSTANTIALLY MODIFIED THE CONTENT, IF APPLICABLE; AND
   (C) WHETHER ANY DIGITAL SIGNATURES ARE AVAILABLE.
   (III) ALLOW A USER TO INSPECT PROVENANCE DATA THAT IS EMBEDDED INTO OR
 ATTACHED  TO CONTENT UPLOADED OR DISTRIBUTED ON SUCH PLATFORM WHERE SUCH
 PROVENANCE DATA IS COMPLIANT WITH WIDELY ADOPTED SPECIFICATIONS  ADOPTED
 BY AN ESTABLISHED STANDARDS-SETTING BODY, IN AN EASILY ACCESSIBLE MANNER
 BY ANY OF THE FOLLOWING MEANS:
   (A)  DIRECTLY,  THROUGH  THE  PROVENANCE READER TOOL OR USER INTERFACE
 PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH;
   (B) ALLOW A COVERED USER TO DOWNLOAD A VERSION OF THE CONTENT WITH ITS
 ATTACHED PROVENANCE DATA; OR
   (C) PROVIDE A LINK TO THE CONTENT'S PROVENANCE DATA  DISPLAYED  ON  AN
 INTERNET  WEBSITE OR IN ANOTHER APPLICATION PROVIDED BY EITHER THE LARGE
 ONLINE PLATFORM OR A THIRD PARTY.
   § 1533. EXCEPTIONS. THIS ARTICLE  SHALL  NOT  APPLY  TO  ANY  PRODUCT,
 SERVICE,  INTERNET  WEBSITE,  OR  APPLICATION  THAT PROVIDES EXCLUSIVELY
 NON-USER GENERATED VIDEO GAME, TELEVISION, STREAMING, MOVIE OR  INTERAC-
 TIVE EXPERIENCES.
   § 1534. ENFORCEMENT  BY  ATTORNEY GENERAL.   WHENEVER THERE SHALL BE A
 VIOLATION OF THIS ARTICLE,  THE  ATTORNEY  GENERAL  SHALL  GIVE  WRITTEN
 NOTICE  TO  THE  PERSON OR ENTITY VIOLATING THIS SECTION IDENTIFYING THE
 SPECIFIC PROVISIONS OF THIS ARTICLE THAT ARE OR WERE BEING VIOLATED. THE
 ATTORNEY GENERAL SHALL NOT BRING AN ACTION  UNDER  THIS  SECTION  WHERE,
 WITHIN THIRTY DAYS OF RECEIVING SUCH WRITTEN NOTICE, THE PERSON OR ENTI-
 TY  CURES THE VIOLATION AND PROVIDES THE ATTORNEY GENERAL WITH A WRITTEN
 STATEMENT CONFIRMING  THE  VIOLATION  WAS  CURED,  INCLUDING  SUPPORTING
 DOCUMENTATION  ON  HOW  THE VIOLATION WAS CURED. WHERE, AFTER RECEIPT OF
 THE NOTICE AND THE EXPIRATION OF  THIRTY  DAYS,  THE  PERSON  OR  ENTITY
 CONTINUES  TO  VIOLATE  THIS  ARTICLE  OR  FOR SUBSEQUENT VIOLATIONS, AN
 APPLICATION MAY BE MADE BY THE ATTORNEY  GENERAL  IN  THE  NAME  OF  THE
 PEOPLE  OF  THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDIC-
 TION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE  TO
 THE  DEFENDANT  OF  NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
 CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE  SATISFAC-
 TION  OF  THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED
 THIS ARTICLE, AN INJUNCTION MAY BE ISSUED  BY  SUCH  COURT  OR  JUSTICE,
 ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
 THAT  ANY  PERSON  HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY
 SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE  ATTORNEY  GENERAL
 AS  PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.   WHENEVER THE  COURT
 SHALL DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT
 MAY  IMPOSE  A  CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR
 EACH VIOLATION.
   § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
 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
 S. 9008--A                         53                        A. 10008--A
 
 to the clause, sentence, paragraph, subdivision, section or part 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.
   § 4. This act shall take effect January 1, 2027.
 
                                  PART Y
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Safe by Design Act".
   §  2. The general business law is amended by adding a new article 45-B
 to read as follows:
                               ARTICLE 45-B
                            SAFE BY DESIGN ACT
 SECTION 1539. DEFINITIONS.
         1540. PRIVACY BY DEFAULT.
         1541. PARENTAL APPROVALS.
         1542. PROHIBITION ON FEATURES THAT SUBVERT THE PURPOSES OF  THIS
                 ARTICLE.
         1543. NONDISCRIMINATION.
         1544. SCOPE.
         1545. RULEMAKING AUTHORITY.
         1546. REMEDIES.
   § 1539. DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CONNECTED" AND VARIATIONS THEREOF SHALL MEAN THAT TWO USERS  USING
 THE  COVERED  PLATFORM  OR  TWO  ACCOUNTS  ON  THE  COVERED PLATFORM ARE
 CONNECTED TO EACH OTHER BY:
   (A) SENDING A REQUEST TO CONNECT TO ANOTHER USER OR ACCOUNT HOLDER AND
 HAVING THE REQUEST TO CONNECT ACCEPTED BY  THE  OTHER  USER  OR  ACCOUNT
 HOLDER; OR
   (B) RECEIVING A REQUEST TO CONNECT FROM ANOTHER USER OR ACCOUNT HOLDER
 AND ACCEPTING THE REQUEST TO CONNECT.
   2.  "COVERED  MINOR"  SHALL  MEAN  ANY  USER  IN NEW YORK WHO HAS BEEN
 REASONABLY DETERMINED BY AN OPERATOR, VIA AGE ASSURANCE, AS SET FORTH IN
 THIS ARTICLE, TO BE UNDER THE AGE OF EIGHTEEN.
   3. "FINANCIAL TRANSACTION" SHALL  MEAN  A  TRANSACTION  BETWEEN  USERS
 INVOLVING ANY TYPE OF CURRENCY, INCLUDING DIGITAL CURRENCY USED WITHIN A
 COVERED PLATFORM WHETHER OR NOT IT CAN BE CONVERTED TO MONEY.
   4.  "OPERATOR"  SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL ENTITY
 WHO OPERATES OR PROVIDES A COVERED PLATFORM.
   5. "PARENT" SHALL MEAN A PARENT OR LEGAL GUARDIAN.
   6. "COVERED PLATFORM" SHALL MEAN AN ONLINE PLATFORM.
   7. "TAG" SHALL MEAN WHEN A USER CLEARLY IDENTIFIES A  SECOND  USER  IN
 POSTED MEDIA.
   8.  "USER"  SHALL  MEAN  A USER OF A COVERED PLATFORM NOT ACTING AS AN
 OPERATOR, OR AGENT OR AFFILIATE OF SUCH OPERATOR, OF  SUCH  PLATFORM  OR
 ANY PORTION THEREOF.
   9.  "COVERED USER" SHALL MEAN A USER OF A COVERED PLATFORM IN NEW YORK
 NOT ACTING AS AN OPERATOR, AGENT OR AFFILIATE OF SUCH OPERATOR, OF  SUCH
 PLATFORM OR OF ANY PORTION THEREOF.
   10.  "MONEY"  SHALL  MEAN A MEDIUM OF EXCHANGE CURRENTLY AUTHORIZED OR
 ADOPTED BY A DOMESTIC OR FOREIGN GOVERNMENT.
   11. "DIGITAL CURRENCY" SHALL MEAN A DIGITAL REPRESENTATION  OF  VALUE,
 RECOGNIZED ONLY ON THE COVERED PLATFORM, THAT IS SUPPLIED, EXCHANGED AND
 S. 9008--A                         54                        A. 10008--A
 
 MANAGED  PURSUANT TO THE POLICIES OR RULES OF SUCH COVERED PLATFORM, AND
 IS NOT ACCEPTED OR CONSIDERED A MEDIUM OF EXCHANGE CURRENTLY  AUTHORIZED
 OR ADOPTED BY A DOMESTIC OR FOREIGN GOVERNMENT.
   12.  "AI COMPANION" SHALL HAVE THE SAME MEANING AS SUBDIVISION FOUR OF
 SECTION SEVENTEEN HUNDRED OF THIS CHAPTER.
   13. "INTEGRATED AI COMPANION" SHALL MEAN AN AI COMPANION  THAT  IS  AN
 ACCESSIBLE OR USABLE FEATURE OF A COVERED PLATFORM.
   14.  "ONLINE  PLATFORM"  SHALL  MEAN  A PUBLIC OR SEMI-PUBLIC WEBSITE,
 ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION THAT:
   (A) IS USED BY A COVERED MINOR IN THIS STATE;
   (B) ALLOWS USERS TO CONSTRUCT A PUBLIC OR SEMI-PUBLIC PROFILE FOR  THE
 PURPOSES OF USING SUCH WEBSITE, SERVICE, OR APPLICATION; AND
   (C) OFFERS OR PROVIDES THE FOLLOWING FEATURES:
   (I)  A MECHANISM TO ALLOW USERS TO PUBLICLY MESSAGE EACH OTHER IN CHAT
 ROOMS OR PRIVATELY MESSAGE EACH OTHER WITHIN  THE  WEBSITE,  SERVICE  OR
 APPLICATION  OR THROUGH INTEGRATION WITH A SEPARATE WEBSITE, SERVICE, OR
 APPLICATION; AND
   (II) (A) A MECHANISM TO CREATE OR POST MEDIA THAT IS VIEWABLE BY OTHER
 USERS AND A MECHANISM TO RESPOND TO SUCH MEDIA, INCLUDING BUT NOT LIMIT-
 ED TO, THROUGH A LANDING PAGE OR FEED THAT PRESENTS THE USER WITH  MEDIA
 GENERATED BY OTHER USERS; OR
   (B)  A MECHANISM (1) TO CREATE GAMES OR IMMERSIVE DIGITAL ENVIRONMENTS
 FOR OTHER USERS AND (2) TO EXCHANGE MONEY FOR DIGITAL CURRENCY  AS  WELL
 AS TO EXCHANGE DIGITAL CURRENCY FOR MONEY.
   15.    "MEDIA" SHALL MEAN TEXT, AN IMAGE OR A VIDEO.  GAMES AND IMMER-
 SIVE DIGITAL ENVIRONMENTS ARE NOT MEDIA.
   16. "AGE ASSURANCE" SHALL MEAN ANY METHODS TO REASONABLY  DETERMINE  A
 COVERED  USER  IS  NOT  A  COVERED  MINOR, USING METHODS THAT REASONABLY
 PREVENT AGAINST CIRCUMVENTION.  SUCH AN AGE ASSURANCE METHOD MAY INCLUDE
 A METHOD THAT:  (A) MEETS THE REQUIREMENTS OF ARTICLE FORTY-FIVE OF THIS
 CHAPTER AND ITS IMPLEMENTING REGULATIONS,  EXCEPT  TO  ENSURE  AN  ADULT
 CANNOT  POSE  AS A MINOR, AN OPERATOR CANNOT USE SELF-DECLARATION OF AGE
 OR MINOR STATUS TO DETERMINE WHETHER A USER IS A COVERED MINOR; OR
   (B) MAY BE IDENTIFIED  IN  REGULATIONS  PROMULGATED  BY  THE  ATTORNEY
 GENERAL  CONSISTENT  WITH  PARAGRAPH  (C)  OF SUBDIVISION ONE OF SECTION
 FIFTEEN HUNDRED FORTY OF THIS ARTICLE.
   § 1540. PRIVACY BY DEFAULT. 1. (A) NO OPERATOR SHALL OFFER  A  COVERED
 PLATFORM  IN  THIS  STATE WITHOUT CONDUCTING AGE ASSURANCE TO REASONABLY
 DETERMINE WHETHER A USER IS A COVERED MINOR.   A  COVERED  PLATFORM  MAY
 RELY  ON ANY PRIOR DETERMINATION OF A USER'S AGE OR AGE STATUS COMPLETED
 TO COMPLY WITH OTHER LAWS OR FOR ANY OTHER PURPOSE IF THE  DETERMINATION
 WAS  MADE  CONSISTENT  WITH  THE DEFINITION OF AGE ASSURANCE PURSUANT TO
 SUBDIVISION SIXTEEN OF SECTION FIFTEEN HUNDRED THIRTY-NINE OF THIS ARTI-
 CLE FOR PURPOSES OF THIS REQUIREMENT.
   (B) INFORMATION COLLECTED FOR THE PURPOSE OF DETERMINING A USER'S  AGE
 UNDER  THIS  ARTICLE  SHALL  NOT  BE USED FOR ANY PURPOSE OTHER THAN AGE
 DETERMINATION AND SHALL BE  DELETED  IMMEDIATELY  AFTER  AN  ATTEMPT  TO
 DETERMINE  A  USER'S AGE, EXCEPT WHERE NECESSARY FOR COMPLIANCE WITH ANY
 APPLICABLE PROVISIONS OF NEW YORK STATE OR FEDERAL LAW OR REGULATION.
   (C) THE ATTORNEY GENERAL MAY PROMULGATE REGULATIONS IDENTIFYING  METH-
 ODS  FOR  COMMERCIALLY  REASONABLE AGE ASSURANCE, WHICH MAY CONSIDER THE
 SIZE, FINANCIAL RESOURCES, AND TECHNICAL CAPABILITIES OF  COVERED  PLAT-
 FORMS,  THE COSTS AND EFFECTIVENESS OF AVAILABLE AGE DETERMINATION TECH-
 NIQUES FOR USERS OF SUCH PLATFORMS, THE AUDIENCE OF SUCH PLATFORMS,  AND
 PREVALENT  PRACTICES  OF  THE INDUSTRY OF THE OPERATOR. SUCH REGULATIONS
 SHALL ALSO IDENTIFY THE APPROPRIATE LEVELS OF  ACCURACY  THAT  WOULD  BE
 S. 9008--A                         55                        A. 10008--A
 
 CONSIDERED  REASONABLE FOR OPERATORS TO ACHIEVE IN DETERMINING WHETHER A
 USER IS A COVERED MINOR.
   2. FOR ALL USERS DETERMINED BY AN OPERATOR TO BE A COVERED MINOR, SUCH
 OPERATOR  SHALL  UTILIZE  THE  FOLLOWING SETTINGS BY DEFAULT FOR COVERED
 MINORS, WHICH SHALL ENSURE THAT NO USER WHO IS NOT ALREADY CONNECTED  TO
 A COVERED MINOR MAY:
   (A) COMMUNICATE DIRECTLY AND PRIVATELY WITH SUCH MINOR;
   (B) VIEW OR RESPOND TO MEDIA POSTED BY SUCH MINOR;
   (C) TAG SUCH MINOR IN POSTED MEDIA; OR
   (D)  VIEW  THE GEOGRAPHIC LOCATION INFORMATION OF A COVERED MINOR IF A
 COVERED PLATFORM PROVIDES A MECHANISM BY WHICH  USERS  MAY  SHARE  THEIR
 GEOGRAPHIC  LOCATION  INFORMATION  WITH OTHER USERS ON THE COVERED PLAT-
 FORM.
   3. A PARENT OF A  COVERED  MINOR  MAY  OVERRIDE  THE  DEFAULT  PRIVACY
 SETTINGS  PROVIDED  IN  SUBDIVISION TWO OF THIS SECTION AT SUCH PARENT'S
 DISCRETION.  AN OPERATOR SHALL ALLOW A PARENT TO  OVERRIDE  OR  MAINTAIN
 EACH  PRIVACY  SETTING PROVIDED IN SUBDIVISION TWO OF THIS SECTION SEPA-
 RATELY.
   4. AN OPERATOR SHALL NOTIFY A PARENT OF A COVERED MINOR WHENEVER  SUCH
 COVERED  MINOR  REQUESTS  THE OPERATOR TO OBTAIN APPROVAL FROM A COVERED
 MINOR'S PARENT TO CHANGE THE DEFAULT SETTINGS  PROVIDED  IN  SUBDIVISION
 TWO OF THIS SECTION.  SUCH NOTICE SHALL INCLUDE A STATEMENT THAT INFORMS
 THE  PARENT  THAT THEY ARE CHANGING A DEFAULT SETTING REQUIRED UNDER NEW
 YORK LAW.  THE PARENT MAY THEN EITHER APPROVE OR  DENY  THE  REQUEST  TO
 CHANGE THE SETTINGS FOR SUCH MINOR.
   5.  A  REQUEST  BY  A USER TO CONNECT WITH A COVERED MINOR MAY BE SENT
 SIMULTANEOUSLY WITH A REQUEST BY SUCH  USER  TO  DIRECTLY  MESSAGE  SUCH
 COVERED  MINOR.  A REQUEST BY A COVERED MINOR TO CONNECT WITH A USER MAY
 BE SENT SIMULTANEOUSLY WITH A REQUEST BY SUCH COVERED MINOR TO  DIRECTLY
 MESSAGE SUCH USER.
   6. (A) AN OPERATOR SHALL, BY DEFAULT, DISABLE THE ACCESS OR USE OF ANY
 INTEGRATED AI COMPANION FOR COVERED MINORS.
   (B)  A  PARENT  OF  A  COVERED MINOR MAY OVERRIDE THE DEFAULT DISABLED
 ACCESS OR USE OF AN INTEGRATED AI COMPANION, PROVIDED IN SUBDIVISION ONE
 OF THIS SECTION, AT SUCH PARENT'S DISCRETION. AN OPERATOR SHALL ALLOW  A
 PARENT  TO  OVERRIDE OR MAINTAIN THE SETTING PROVIDED FOR IN SUBDIVISION
 ONE SEPARATELY FROM ANY  OTHER  MECHANISMS  TO  OVERRIDE  OTHER  DEFAULT
 SETTINGS.
   (C) AN OPERATOR SHALL NOTIFY A PARENT OF A COVERED MINOR WHENEVER SUCH
 MINOR  REQUESTS  THAT  THE  OPERATOR GET APPROVAL FROM A COVERED MINOR'S
 PARENT TO CHANGE THE DEFAULT SETTING PROVIDED IN SUBDIVISION ONE OF THIS
 SECTION. THIS NOTICE SHALL INCLUDE A STATEMENT THAT INFORMS  THE  PARENT
 THAT  THEY  ARE  CHANGING A DEFAULT SETTING REQUIRED UNDER NEW YORK LAW.
 THE PARENT MAY EITHER APPROVE OR DENY THE REQUEST TO CHANGE SUCH SETTING
 FOR SUCH MINOR.
   § 1541. PARENTAL APPROVALS. 1. FOR ALL COVERED MINORS UNDER THE AGE OF
 THIRTEEN, AN OPERATOR SHALL REQUIRE THE PARENT OF SUCH COVERED MINOR  TO
 APPROVE  ALL NEW CONNECTIONS WITH SUCH COVERED MINOR BEFORE SUCH COVERED
 MINOR'S AND SUCH OTHER USER'S OR SUCH OTHER'S ACCOUNTS MAY BE CONNECTED.
 FOR COVERED MINORS UNDER THE AGE OF THIRTEEN,  AN  OPERATOR  SHALL  ALSO
 ESTABLISH  A  MECHANISM  BY WHICH A PARENT OF SUCH MINOR MAY EASILY VIEW
 THE LIST OF ALL USERS OR ACCOUNTS CURRENTLY CONNECTED WITH  THE  ACCOUNT
 OF THE MINOR.
   2. (A) FOR ALL COVERED MINORS, AN OPERATOR SHALL ESTABLISH A MECHANISM
 THAT EITHER: (I) ENABLES THE PARENT OF SUCH MINOR TO SET A MONTHLY LIMIT
 ON  THE  SPENDING  OF  MONEY, WHETHER BY CHARGING A CREDIT CARD OR OTHER
 S. 9008--A                         56                        A. 10008--A

 MEANS, IN CONNECTION WITH THE DIRECT OR INDIRECT PURCHASE OR ACQUISITION
 OF ANYTHING ON OR VIA THE COVERED PLATFORM, INCLUDING BUT NOT LIMITED TO
 DIGITAL CURRENCY, RELATING TO SUCH COVERED MINOR'S ACCOUNT AND WHERE THE
 AMOUNT OF SUCH LIMIT IS SET AT THE PARENT'S DISCRETION; OR
   (II)  ENABLES  THE  PARENT  OF  SUCH  MINOR TO OPT OUT OF SETTING SUCH
 LIMITS.
   (B) AN OPERATOR MAY ESTABLISH A MECHANISM TO ENABLE THE COVERED  MINOR
 TO  REQUEST  THAT  THE  PARENT OF SUCH COVERED MINOR APPROVE THE FURTHER
 EXPENDITURE OF MONEY, SUCH AS CHARGING THE CREDIT CARD  ASSOCIATED  WITH
 SUCH  COVERED  MINOR'S ACCOUNT, ONCE THE LIMIT SET FORTH IN SUBPARAGRAPH
 (I) OF PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IS  REACHED.  IN  SUCH  AN
 INSTANCE,  SUCH PARENT SHALL APPROVE THE REQUEST BEFORE ANY SUCH CHARGES
 MAY BE PROCESSED BY THE OPERATOR.
   (C) SUCH OPERATOR SHALL FURTHER  ESTABLISH  A  MECHANISM  BY  WHICH  A
 PARENT  OF  A  COVERED  MINOR MAY EASILY VIEW A HISTORY OF ALL FINANCIAL
 TRANSACTIONS RELATING TO SUCH COVERED MINOR'S ACCOUNT AT ANY TIME, WHICH
 AT A MINIMUM, IDENTIFIES THE USERS INVOLVED IN EACH SUCH TRANSACTION, IN
 ADDITION TO THE COVERED MINOR, AS  WELL  AS  THE  AMOUNTS  OF  MONEY  OR
 DIGITAL CURRENCY ASSOCIATED WITH EACH TRANSACTION.
   §  1542.  PROHIBITION  ON  FEATURES  THAT SUBVERT THE PURPOSES OF THIS
 ARTICLE.  IT SHALL BE UNLAWFUL FOR A  COVERED  PLATFORM  TO  DEPLOY  ANY
 MECHANISM  OR  DESIGN  FEATURE  WHICH  HAS  THE EFFECT OF INHIBITING THE
 PURPOSE OF THIS ARTICLE.
   § 1543. NONDISCRIMINATION. AN OPERATOR SHALL  NOT  WITHHOLD,  DEGRADE,
 LOWER  THE QUALITY OF, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR
 FEATURE OF A COVERED PLATFORM, OTHER THAN AS  NECESSARY  FOR  COMPLIANCE
 WITH  THE PROVISIONS OF THIS ARTICLE OR ANY RULES OR REGULATIONS PROMUL-
 GATED PURSUANT TO THIS ARTICLE, TO A USER DUE  TO  SUCH  OPERATOR  BEING
 REQUIRED  TO  ESTABLISH  THE SETTINGS AND APPROVALS PROVIDED IN SECTIONS
 FIFTEEN HUNDRED FORTY AND FIFTEEN HUNDRED FORTY-ONE OF THIS ARTICLE.
   § 1544. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT  OCCURS  IN
 WHOLE  OR  IN  PART  IN  NEW YORK. FOR PURPOSES OF THIS ARTICLE, CONDUCT
 TAKES PLACE WHOLLY OUTSIDE OF  NEW  YORK  IF  THE  COVERED  PLATFORM  IS
 ACCESSED BY A USER WHO IS PHYSICALLY LOCATED OUTSIDE OF NEW YORK.
   2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY FOR
 COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT  TO  15  U.S.C.  §
 6501  THAT  IS  INCONSISTENT  WITH  THE  TREATMENT OF SUCH ACTIVITIES OR
 ACTIONS UNDER 15 U.S.C. § 6502.
   § 1545. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE SUCH
 RULES AND REGULATIONS AS ARE NECESSARY TO  EFFECTUATE  AND  ENFORCE  THE
 PROVISIONS OF THIS ARTICLE.
   §  1546.  REMEDIES. 1. ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
 WHENEVER IT APPEARS TO THE ATTORNEY GENERAL, UPON  COMPLAINT  OR  OTHER-
 WISE,  THAT  ANY  PERSON,  WITHIN OR OUTSIDE THE STATE, HAS VIOLATED THE
 PROVISIONS OF THIS ARTICLE, THE ATTORNEY GENERAL MAY BRING AN ACTION  OR
 SPECIAL  PROCEEDING IN THE NAME AND ON BEHALF OF THE PEOPLE OF THE STATE
 OF NEW YORK TO ENJOIN ANY SUCH VIOLATION, TO OBTAIN RESTITUTION  OF  ANY
 MONEYS   OR  PROPERTY  OBTAINED  DIRECTLY  OR  INDIRECTLY  BY  ANY  SUCH
 VIOLATION, TO OBTAIN DISGORGEMENT  OF  ANY  PROFITS  OR  GAINS  OBTAINED
 DIRECTLY  OR  INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DAMAGES CAUSED
 DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL  PENALTIES
 OF  UP  TO  FIVE  THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN ANY SUCH
 OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUDING PRELIM-
 INARY RELIEF.
   2.  THE  ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE   TO   RECEIVE
 COMPLAINTS,  INFORMATION,  AND/OR  REFERRALS  FROM MEMBERS OF THE PUBLIC
 S. 9008--A                         57                        A. 10008--A
 
 CONCERNING AN OPERATOR'S OR COVERED  PLATFORM'S  ALLEGED  COMPLIANCE  OR
 NONCOMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
   §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
 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 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.
   § 4. This act shall take effect January 1, 2027.  Effective immediate-
 ly, 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 Z
 
   Section 1. The general business law is amended by adding a new section
 349-i to read as follows:
   § 349-I. ADVERTISING FORMER PRICES. 1. NO RETAIL SELLER SHALL KNOWING-
 LY ADVERTISE A REDUCTION IN THE PRICE OF A PRODUCT  FROM  SUCH  SELLER'S
 OWN  FORMER  PRICE,  UNLESS  SUCH  FORMER PRICE IS THE ACTUAL, BONA FIDE
 PRICE OF THE PRODUCT FOR WHICH THE RETAIL SELLER OFFERED TO THE  PUBLIC,
 OPENLY  AND IN GOOD FAITH. FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
 ING NON-EXHAUSTIVE FACTORS MAY BE CONSIDERED IN DETERMINING WHETHER SUCH
 FORMER PRICE IS AN ACTUAL, BONA FIDE PRICE:
   A. WHETHER THE FORMER PRICE EXCEEDS  THE  RETAIL  SELLER'S  USUAL  AND
 CUSTOMARY RETAIL MARK-UP FOR SIMILAR MERCHANDISE;
   B.  WHETHER  THE  FORMER  PRICE  IS  THE PRICE AT WHICH OR ABOVE WHICH
 SUBSTANTIAL SALES WERE MADE IN THE REGULAR COURSE OF BUSINESS;
   C. WHETHER THE FORMER PRICE WAS OPENLY OFFERED  TO  THE  PUBLIC  ON  A
 REGULAR  BASIS,  FOR A REASONABLY SUBSTANTIAL PERIOD OF TIME, WITHIN THE
 REGULAR COURSE OF BUSINESS;
   D. WHETHER THE FORMER PRICE WAS OPENLY OFFERED  TO  THE  PUBLIC  ON  A
 REGULAR BASIS, IN THE RECENT, REGULAR COURSE OF BUSINESS;
   E.  WHETHER  THE  FORMER  PRICE WAS NOT USED IN THE RECENT PAST BUT AT
 SOME REMOTE PERIOD IN THE PAST, WITHOUT MAKING DISCLOSURE OF THAT  FACT;
 OR
   F.  WHETHER  THE FORMER PRICE WAS NOT OPENLY OFFERED TO THE PUBLIC, OR
 WAS NOT MAINTAINED FOR A REASONABLE LENGTH OF TIME, BUT WAS  IMMEDIATELY
 REDUCED.
   2. ANY VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A
 DECEPTIVE  ACT OR DECEPTIVE PRACTICE WITHIN THE MEANING OF SECTION THREE
 HUNDRED FORTY-NINE OF THIS ARTICLE.
   § 2. This act shall take effect immediately.
 
                                  PART AA

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "data broker accountability act".
   § 2. The general business law is amended by adding a new article 48 to
 read as follows:
                                ARTICLE 48
                      DATA BROKER ACCOUNTABILITY ACT
 SECTION 1800. DEFINITIONS.
 S. 9008--A                         58                        A. 10008--A
 
         1801. DATA BROKER REGISTRATION.
         1802. DATA BROKER REGISTRATION AND DELETION PORTAL.
         1803. CONSUMER DELETION REQUESTS.
         1804. ACCESSIBLE DELETION REQUEST MECHANISM FOR CONSUMERS.
         1805. DATA BROKER WEBSITE DISCLOSURE REQUIREMENTS.
         1806. RULEMAKING.
         1807. POWERS, DUTIES AND ADJUDICATORY PROCEEDINGS.
         1808. STATUTE OF LIMITATIONS.
         1809. ENFORCEMENT.
         1810.  ASSESSMENTS.
         1811. EXEMPTIONS.
   § 1800. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFI-
 NITIONS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ADVERTISING AND MARKETING" MEANS A COMMUNICATION BY A BUSINESS OR
 A PERSON ACTING ON SUCH BUSINESS'  BEHALF  IN  ANY  MEDIUM  INTENDED  TO
 INDUCE A CONSUMER TO OBTAIN GOODS, SERVICES, OR EMPLOYMENT.
   2.  "AGGREGATE CONSUMER INFORMATION" MEANS INFORMATION THAT RELATES TO
 A GROUP OR CATEGORY OF CONSUMERS, FROM WHICH INDIVIDUAL CONSUMER IDENTI-
 TIES HAVE BEEN REMOVED, THAT IS NOT LINKED OR REASONABLY LINKABLE TO ANY
 CONSUMER OR HOUSEHOLD, INCLUDING  VIA  A  DEVICE.  THE  TERM  "AGGREGATE
 CONSUMER  INFORMATION" SHALL NOT INCLUDE ONE OR MORE INDIVIDUAL CONSUMER
 RECORDS THAT HAVE BEEN DEIDENTIFIED.
   3.  "BIOMETRIC  INFORMATION"  MEANS  AN  INDIVIDUAL'S   PHYSIOLOGICAL,
 BIOLOGICAL,   OR   BEHAVIORAL   CHARACTERISTICS,  INCLUDING  INFORMATION
 PERTAINING TO AN INDIVIDUAL'S DEOXYRIBONUCLEIC ACID (DNA), THAT IS  USED
 OR  IS  INTENDED  TO BE USED SINGLY OR IN COMBINATION WITH EACH OTHER OR
 WITH OTHER IDENTIFYING DATA, TO ESTABLISH INDIVIDUAL IDENTITY. THE  TERM
 "BIOMETRIC  INFORMATION" INCLUDES, BUT IS NOT LIMITED TO, IMAGERY OF THE
 IRIS, RETINA, FINGERPRINT, FACE, HAND, PALM, VEIN  PATTERNS,  AND  VOICE
 RECORDINGS,  FROM  WHICH  AN IDENTIFIER TEMPLATE, SUCH AS A FACEPRINT, A
 MINUTIAE TEMPLATE, OR A VOICEPRINT,  CAN  BE  EXTRACTED,  AND  KEYSTROKE
 PATTERNS  OR  RHYTHMS,  GAIT  PATTERNS OR RHYTHMS, AND SLEEP, HEALTH, OR
 EXERCISE DATA THAT CONTAIN IDENTIFYING INFORMATION.
   4. "BUSINESS" MEANS:
   (A) A SOLE PROPRIETORSHIP,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,
 CORPORATION,  ASSOCIATION,  OR  OTHER  LEGAL ENTITY THAT IS ORGANIZED OR
 OPERATED FOR THE PROFIT OR FINANCIAL  BENEFIT  OF  ITS  SHAREHOLDERS  OR
 OTHER  OWNERS,  THAT COLLECTS CONSUMERS' PERSONAL INFORMATION, OR ON THE
 BEHALF OF WHICH SUCH INFORMATION IS COLLECTED AND THAT ALONE, OR JOINTLY
 WITH OTHERS, DETERMINES THE PURPOSES AND  MEANS  OF  THE  PROCESSING  OF
 CONSUMERS'  PERSONAL INFORMATION, THAT DOES BUSINESS IN THE STATE OF NEW
 YORK, AND THAT SATISFIES ONE OR MORE OF THE FOLLOWING THRESHOLDS:
   (I) AS OF JANUARY FIRST OF THE  RELEVANT  CALENDAR  YEAR,  HAD  ANNUAL
 GROSS REVENUES IN EXCESS OF TWENTY-FIVE MILLION DOLLARS IN THE PRECEDING
 CALENDAR YEAR;
   (II)  ALONE  OR  IN  COMBINATION,  ANNUALLY BUYS, SELLS, OR SHARES THE
 PERSONAL INFORMATION OF ONE HUNDRED THOUSAND OR MORE CONSUMERS OR HOUSE-
 HOLDS; OR
   (III) DERIVES FIFTY PERCENT OR MORE OF ITS ANNUAL REVENUES FROM  SELL-
 ING OR SHARING CONSUMERS' PERSONAL INFORMATION;
   (B)  (I)  ANY  ENTITY THAT CONTROLS OR IS CONTROLLED BY A BUSINESS, AS
 DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION,  AND  THAT  SHARES  COMMON
 BRANDING  WITH  SUCH BUSINESS AND WITH WHOM SUCH BUSINESS SHARES CONSUM-
 ERS' PERSONAL INFORMATION.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
 S. 9008--A                         59                        A. 10008--A
 
   (1)  "CONTROL"  OR  "CONTROLLED"  MEANS  OWNERSHIP OF, OR THE POWER TO
 VOTE, MORE THAN FIFTY PERCENT OF THE OUTSTANDING SHARES OF ANY CLASS  OF
 VOTING  SECURITY  OF A BUSINESS; CONTROL IN ANY MANNER OVER THE ELECTION
 OF A MAJORITY OF THE DIRECTORS, OR  OF  INDIVIDUALS  EXERCISING  SIMILAR
 FUNCTIONS;  OR  THE  POWER  TO EXERCISE A CONTROLLING INFLUENCE OVER THE
 MANAGEMENT OF A COMPANY;
   (2) "COMMON BRANDING" MEANS A SHARED NAME, SERVICE MARK, OR  TRADEMARK
 THAT THE AVERAGE CONSUMER WOULD UNDERSTAND THAT TWO OR MORE ENTITIES ARE
 COMMONLY OWNED;
   (C)  A  JOINT  VENTURE  OR PARTNERSHIP COMPOSED OF BUSINESSES IN WHICH
 EACH BUSINESS HAS AT LEAST A FORTY PERCENT  INTEREST.  FOR  PURPOSES  OF
 THIS  ARTICLE,  THE  JOINT VENTURE OR PARTNERSHIP AND EACH BUSINESS THAT
 COMPOSES THE JOINT VENTURE OR PARTNERSHIP SHALL SEPARATELY BE CONSIDERED
 A SINGLE BUSINESS, EXCEPT THAT PERSONAL INFORMATION IN THE POSSESSION OF
 EACH BUSINESS AND DISCLOSED TO THE JOINT VENTURE  OR  PARTNERSHIP  SHALL
 NOT BE SHARED WITH THE OTHER BUSINESS; OR
   (D)  A  PERSON  THAT DOES BUSINESS IN NEW YORK, THAT IS NOT COVERED BY
 PARAGRAPH (A), (B), OR (C) OF THIS  SUBDIVISION,  AND  THAT  VOLUNTARILY
 CERTIFIES  TO THE OFFICE THAT IT IS IN COMPLIANCE WITH, AND AGREES TO BE
 BOUND BY, THIS ARTICLE.
   5. "BUSINESS PURPOSE" MEANS THE USE OF PERSONAL  INFORMATION  FOR  THE
 BUSINESS'  OPERATIONAL  PURPOSES, OR OTHER NOTIFIED PURPOSES, OR FOR THE
 SERVICE  PROVIDER  OR  CONTRACTOR'S  OPERATIONAL  PURPOSES,  AS  FURTHER
 DEFINED  BY REGULATIONS PROMULGATED BY THE OFFICE, PROVIDED THAT THE USE
 OF PERSONAL INFORMATION SHALL BE REASONABLY NECESSARY AND  PROPORTIONATE
 TO  ACHIEVE THE PURPOSE FOR WHICH THE PERSONAL INFORMATION WAS COLLECTED
 OR PROCESSED OR FOR ANOTHER PURPOSE THAT IS COMPATIBLE WITH THE  CONTEXT
 IN  WHICH  THE  PERSONAL  INFORMATION  WAS COLLECTED. THE TERM "BUSINESS
 PURPOSES" SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) AUDITING RELATED TO COUNTING AD IMPRESSIONS  TO  UNIQUE  VISITORS,
 VERIFYING  POSITIONING  AND  QUALITY  OF  AD  IMPRESSIONS,  AND AUDITING
 COMPLIANCE WITH THIS SPECIFICATION AND OTHER STANDARDS;
   (B) HELPING TO ENSURE SECURITY AND INTEGRITY TO THE EXTENT THE USE  OF
 THE  CONSUMER'S PERSONAL INFORMATION IS REASONABLY NECESSARY AND PROPOR-
 TIONATE FOR THESE PURPOSES;
   (C) DEBUGGING TO IDENTIFY  AND  REPAIR  ERRORS  THAT  IMPAIR  EXISTING
 INTENDED FUNCTIONALITY;
   (D) SHORT-TERM, TRANSIENT USE, INCLUDING, BUT NOT LIMITED TO, NON-PER-
 SONALIZED  ADVERTISING SHOWN AS PART OF A CONSUMER'S CURRENT INTERACTION
 WITH THE BUSINESS, PROVIDED THAT THE CONSUMER'S PERSONAL INFORMATION  IS
 NOT  DISCLOSED TO ANOTHER THIRD PARTY AND IS NOT USED TO BUILD A PROFILE
 ABOUT THE CONSUMER OR OTHERWISE ALTER THE CONSUMER'S EXPERIENCE  OUTSIDE
 THE CURRENT INTERACTION WITH THE BUSINESS;
   (E) PERFORMING SERVICES ON BEHALF OF THE BUSINESS, INCLUDING MAINTAIN-
 ING  OR  SERVICING  ACCOUNTS,  PROVIDING CUSTOMER SERVICE, PROCESSING OR
 FULFILLING ORDERS  AND  TRANSACTIONS,  VERIFYING  CUSTOMER  INFORMATION,
 PROCESSING  PAYMENTS,  PROVIDING FINANCING, PROVIDING ANALYTIC SERVICES,
 PROVIDING STORAGE, OR PROVIDING SIMILAR SERVICES ON BEHALF OF THE  BUSI-
 NESS;
   (F)  PROVIDING  ADVERTISING  AND MARKETING SERVICES, EXCEPT FOR CROSS-
 CONTEXT BEHAVIORAL ADVERTISING, TO THE CONSUMER PROVIDED THAT,  FOR  THE
 PURPOSE  OF  ADVERTISING AND MARKETING, A SERVICE PROVIDER OR CONTRACTOR
 SHALL NOT COMBINE THE PERSONAL INFORMATION OF OPTED-OUT  CONSUMERS  THAT
 THE  SERVICE  PROVIDER OR CONTRACTOR RECEIVES FROM, OR ON BEHALF OF, THE
 BUSINESS WITH PERSONAL INFORMATION THAT THE SERVICE PROVIDER OR CONTRAC-
 S. 9008--A                         60                        A. 10008--A
 
 TOR RECEIVES FROM, OR  ON  BEHALF  OF,  ANOTHER  PERSON  OR  PERSONS  OR
 COLLECTS FROM ITS OWN INTERACTION WITH CONSUMERS;
   (G)  UNDERTAKING  INTERNAL  RESEARCH FOR TECHNOLOGICAL DEVELOPMENT AND
 DEMONSTRATION; OR
   (H) UNDERTAKING ACTIVITIES TO VERIFY OR MAINTAIN THE QUALITY OR SAFETY
 OF A SERVICE OR DEVICE THAT IS OWNED, MANUFACTURED, MANUFACTURED FOR, OR
 CONTROLLED BY THE BUSINESS, AND TO  IMPROVE,  UPGRADE,  OR  ENHANCE  THE
 SERVICE  OR  DEVICE  THAT  IS  OWNED, MANUFACTURED, MANUFACTURED FOR, OR
 CONTROLLED BY THE BUSINESS.
   6. "COLLECTS", "COLLECTED", OR  "COLLECTION"  MEANS  BUYING,  RENTING,
 GATHERING,  OBTAINING,  RECEIVING, OR ACCESSING ANY PERSONAL INFORMATION
 PERTAINING TO A CONSUMER BY ANY MEANS, INCLUDING  BUT  NOT  LIMITED  TO,
 RECEIVING  INFORMATION  FROM THE CONSUMER, EITHER ACTIVELY OR PASSIVELY,
 OR BY OBSERVING THE CONSUMER'S BEHAVIOR.
   7. "CONSENT" MEANS ANY FREELY GIVEN, SPECIFIC, INFORMED, AND  UNAMBIG-
 UOUS  INDICATION  OF A CONSUMER'S WISHES BY WHICH SUCH CONSUMER, OR SUCH
 CONSUMER'S LEGAL GUARDIAN, A PERSON WHO HAS  POWER  OF  ATTORNEY,  OR  A
 PERSON  ACTING AS A CONSERVATOR FOR SUCH CONSUMER, INCLUDING BY A STATE-
 MENT OR BY A CLEAR AFFIRMATIVE ACTION, SIGNIFIES AGREEMENT TO THE  PROC-
 ESSING  OF PERSONAL INFORMATION RELATING TO SUCH CONSUMER FOR A NARROWLY
 DEFINED PARTICULAR PURPOSE. ACCEPTANCE OF A GENERAL OR  BROAD  TERMS  OF
 USE,  OR SIMILAR DOCUMENT, THAT CONTAINS DESCRIPTIONS OF PERSONAL INFOR-
 MATION PROCESSING ALONG WITH OTHER,  UNRELATED  INFORMATION,  SHALL  NOT
 CONSTITUTE  CONSENT.  HOVERING OVER, MUTING, PAUSING, OR CLOSING A GIVEN
 PIECE OF  CONTENT  SHALL  NOT  CONSTITUTE  CONSENT.  AGREEMENT  OBTAINED
 THROUGH USE OF DARK PATTERNS SHALL NOT CONSTITUTE CONSENT.
   8.  "CONSUMER"  MEANS  A NATURAL PERSON WHO IS AN INDIVIDUAL WHO IS IN
 NEW YORK STATE FOR OTHER THAN A TEMPORARY  OR  TRANSITORY  PURPOSE,  AND
 EVERY  INDIVIDUAL  WHO IS DOMICILED IN NEW YORK STATE WHO IS OUTSIDE THE
 STATE FOR A TEMPORARY OR TRANSITORY PURPOSE.
   9. "CONTRACTOR" MEANS A PERSON TO WHOM A BUSINESS  MAKES  AVAILABLE  A
 CONSUMER'S  PERSONAL  INFORMATION  FOR A BUSINESS PURPOSE, PURSUANT TO A
 WRITTEN CONTRACT WITH SUCH BUSINESS, PROVIDED THAT SUCH CONTRACT:
   (A) PROHIBITS THE CONTRACTOR FROM:
   (I) SELLING OR SHARING SUCH PERSONAL INFORMATION;
   (II) RETAINING, USING, OR DISCLOSING SUCH PERSONAL INFORMATION FOR ANY
 PURPOSE OTHER THAN FOR THE BUSINESS PURPOSES SPECIFIED IN SUCH CONTRACT,
 INCLUDING RETAINING, USING, OR DISCLOSING SUCH PERSONAL INFORMATION  FOR
 A  COMMERCIAL PURPOSE OTHER THAN THE BUSINESS PURPOSES SPECIFIED IN SUCH
 CONTRACT, OR AS OTHERWISE PERMITTED BY THIS ARTICLE;
   (III)  RETAINING,  USING,  OR  DISCLOSING  SUCH  PERSONAL  INFORMATION
 OUTSIDE  OF  THE DIRECT BUSINESS RELATIONSHIP BETWEEN THE CONTRACTOR AND
 SUCH BUSINESS;
   (IV) COMBINING SUCH PERSONAL INFORMATION THAT THE CONTRACTOR  RECEIVES
 PURSUANT TO A WRITTEN CONTRACT WITH SUCH BUSINESS WITH PERSONAL INFORMA-
 TION THAT IT RECEIVES FROM OR ON BEHALF OF ANOTHER PERSON OR PERSONS, OR
 COLLECTS  FROM ITS OWN INTERACTION WITH THE CONSUMER, PROVIDED THAT SUCH
 CONTRACTOR MAY COMBINE PERSONAL  INFORMATION  TO  PERFORM  ANY  BUSINESS
 PURPOSE AS DEFINED IN REGULATIONS ADOPTED BY THE OFFICE;
   (B)  INCLUDES A CERTIFICATION MADE BY THE CONTRACTOR THAT THE CONTRAC-
 TOR UNDERSTANDS THE RESTRICTIONS PROVIDED FOR IN ACCORDANCE  WITH  PARA-
 GRAPH (A) OF THIS SUBDIVISION AND WILL COMPLY WITH THEM;
   (C) PERMITS, SUBJECT TO AGREEMENT WITH THE CONTRACTOR, THE BUSINESS TO
 MONITOR  THE CONTRACTOR'S COMPLIANCE WITH THE CONTRACT THROUGH MEASURES,
 INCLUDING, BUT NOT LIMITED TO,  ONGOING  MANUAL  REVIEWS  AND  AUTOMATED
 S. 9008--A                         61                        A. 10008--A
 
 SCANS  AND  REGULAR  ASSESSMENTS,  AUDITS, OR OTHER TECHNICAL AND OPERA-
 TIONAL TESTING AT LEAST ONCE EVERY TWELVE MONTHS; AND
   (D) PROVIDES THAT IF THE CONTRACTOR ENGAGES ANY OTHER PERSON TO ASSIST
 IT  IN  PROCESSING PERSONAL INFORMATION FOR A BUSINESS PURPOSE ON BEHALF
 OF SUCH BUSINESS, OR IF ANY OTHER  PERSON  ENGAGED  BY  SUCH  CONTRACTOR
 ENGAGES  ANOTHER PERSON TO ASSIST IN PROCESSING PERSONAL INFORMATION FOR
 SUCH BUSINESS PURPOSE, IT SHALL NOTIFY SUCH BUSINESS OF SUCH ENGAGEMENT,
 AND SUCH ENGAGEMENT SHALL BE PURSUANT TO A WRITTEN CONTRACT BINDING SUCH
 OTHER PERSON TO OBSERVE ALL THE REQUIREMENTS SET FORTH IN THIS  SUBDIVI-
 SION.
   10.  "CROSS-CONTEXT  BEHAVIORAL  ADVERTISING"  MEANS  THE TARGETING OF
 ADVERTISING AND  MARKETING  TO  A  CONSUMER  BASED  ON  SUCH  CONSUMER'S
 PERSONAL INFORMATION OBTAINED FROM SUCH CONSUMER'S ACTIVITY ACROSS BUSI-
 NESSES, DISTINCTLY BRANDED INTERNET WEBSITES, APPLICATIONS, OR SERVICES,
 OTHER  THAN  THE BUSINESS, DISTINCTLY BRANDED INTERNET WEBSITE, APPLICA-
 TION, OR SERVICE WITH WHICH SUCH CONSUMER INTENTIONALLY INTERACTS.
   11. (A) "DATA BROKER" MEANS A BUSINESS  THAT  KNOWINGLY  COLLECTS  AND
 SELLS  TO THIRD PARTIES THE PERSONAL INFORMATION OF A CONSUMER WITH WHOM
 SUCH BUSINESS EITHER:
   (I) DOES NOT HAVE A DIRECT RELATIONSHIP; AND/OR
   (II) DOES NOT HAVE A DIRECT RELATIONSHIP  WITH  SUCH  CONSUMER  AS  TO
 PERSONAL  INFORMATION  IT  SELLS  ABOUT  SUCH CONSUMER THAT IT COLLECTED
 OUTSIDE OF A CONSUMER-FACING BUSINESS WITH WHICH  THE  CONSUMER  INTENDS
 AND EXPECTS TO INTERACT.
   (B) THE TERM "DATA BROKER" SHALL NOT INCLUDE ANY OF THE FOLLOWING:
   (I)  AN  ENTITY  TO  THE EXTENT THAT IT IS COVERED BY THE FEDERAL FAIR
 CREDIT REPORTING ACT (15 U.S.C. SEC. 1681 ET SEQ.);
   (II) AN ENTITY TO THE EXTENT THAT IT IS COVERED  BY  THE  GRAMM-LEACH-
 BLILEY ACT (PUBLIC LAW 106-102) AND IMPLEMENTING REGULATIONS;
   (III)  A  FEDERAL,  STATE,  TRIBAL, TERRITORIAL, OR LOCAL GOVERNMENTAL
 ENTITY,  INCLUDING  A  BODY,  AUTHORITY,  BOARD,   BUREAU,   COMMISSION,
 DISTRICT, AGENCY, OR POLITICAL SUBDIVISION OF A GOVERNMENTAL ENTITY;
   (IV)  AN ENTITY THAT SERVES AS A CONGRESSIONALLY DESIGNATED NONPROFIT,
 NATIONAL RESOURCE CENTER, OR  CLEARINGHOUSE  TO  PROVIDE  ASSISTANCE  TO
 VICTIMS,  FAMILIES,  CHILD-SERVING PROFESSIONALS, AND THE GENERAL PUBLIC
 ON MISSING AND EXPLOITED CHILDREN ISSUES; OR
   (V) AN ENTITY TO THE EXTENT IT IS COVERED BY SECTION EIGHTEEN  HUNDRED
 ELEVEN OF THIS ARTICLE.
   12. "DARK PATTERN" MEANS A USER INTERFACE DESIGNED OR MANIPULATED WITH
 THE  SUBSTANTIAL  EFFECT OF SUBVERTING OR IMPAIRING USER AUTONOMY, DECI-
 SION MAKING, OR CHOICE, AS FURTHER DEFINED BY REGULATION ISSUED  BY  THE
 OFFICE.
   13. "DEIDENTIFIED" MEANS INFORMATION THAT CANNOT REASONABLY BE USED TO
 INFER INFORMATION ABOUT, OR OTHERWISE BE LINKED TO, A PARTICULAR CONSUM-
 ER PROVIDED THAT THE BUSINESS THAT POSSESSES SUCH INFORMATION:
   (A)  TAKES  REASONABLE MEASURES TO ENSURE THAT SUCH INFORMATION CANNOT
 BE ASSOCIATED WITH A CONSUMER OR HOUSEHOLD;
   (B) PUBLICLY COMMITS TO MAINTAIN AND USE SUCH INFORMATION IN DEIDENTI-
 FIED FORM AND NOT TO ATTEMPT TO REIDENTIFY SUCH INFORMATION, EXCEPT THAT
 SUCH BUSINESS MAY ATTEMPT TO REIDENTIFY SUCH INFORMATION SOLELY FOR  THE
 PURPOSE  OF  DETERMINING  WHETHER ITS DEIDENTIFICATION PROCESSES SATISFY
 THE REQUIREMENTS OF THIS SUBDIVISION; AND
   (C) CONTRACTUALLY OBLIGATES ANY  RECIPIENTS  OF  SUCH  INFORMATION  TO
 COMPLY WITH ALL PROVISIONS OF THIS SUBDIVISION.
   14.  "DESIGNATED  METHODS  FOR  SUBMITTING  REQUESTS"  MEANS A MAILING
 ADDRESS, EMAIL ADDRESS, INTERNET WEB PAGE, INTERNET  WEB  PORTAL,  TOLL-
 S. 9008--A                         62                        A. 10008--A

 FREE  TELEPHONE NUMBER, OR OTHER APPLICABLE CONTACT INFORMATION, WHEREBY
 CONSUMERS MAY SUBMIT A REQUEST OR DIRECTION UNDER THIS ARTICLE, AND  ANY
 NEW,  CONSUMER-FRIENDLY  MEANS  OF CONTACTING A BUSINESS, AS APPROVED IN
 WRITING BY THE OFFICE.
   15.  "DEVELOPER OF A GENAI SYSTEM" MEANS A PERSON, PARTNERSHIP, CORPO-
 RATION, FIRM, ORGANIZATION OR OTHER ENTITY THAT DESIGNS, CODES,  PRODUC-
 ES, TRAINS OR SUBSTANTIALLY MODIFIES A GENAI SYSTEM.
   16.  "DEVICE"  MEANS ANY PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING
 TO THE INTERNET, DIRECTLY OR INDIRECTLY, OR TO ANOTHER DEVICE.
   17. "FOREIGN ACTOR" MEANS EITHER OF THE FOLLOWING:
   (A) THE GOVERNMENT OF A COVERED NATION AS DEFINED IN SECTION  4872  OF
 TITLE 10 OF THE UNITED STATES CODE; OR
   (B)  A  PARTNERSHIP,  ASSOCIATION, CORPORATION, ORGANIZATION, OR OTHER
 COMBINATION OF PERSONS ORGANIZED UNDER THE LAWS OF OR HAVING ITS PRINCI-
 PAL PLACE OF BUSINESS IN A COVERED NATION AS DEFINED IN SECTION 4872  OF
 TITLE 10 OF THE UNITED STATES CODE.
   18.  "GENERATIVE  ARTIFICIAL  INTELLIGENCE  SYSTEM"  OR "GENAI SYSTEM"
 MEANS AN ARTIFICIAL INTELLIGENCE THAT  CAN  GENERATE  DERIVED  SYNTHETIC
 CONTENT,  INCLUDING  TEXT,  IMAGES,  VIDEO, AND AUDIO, THAT EMULATES THE
 STRUCTURE AND CHARACTERISTICS OF THE SYSTEM'S TRAINING DATA.
   19. "HOMEPAGE" MEANS THE INTRODUCTORY PAGE OF AN INTERNET WEBSITE  AND
 ANY  INTERNET  WEB  PAGE WHERE PERSONAL INFORMATION IS COLLECTED. IN THE
 CASE OF AN ONLINE SERVICE, SUCH AS A MOBILE APPLICATION, THE TERM "HOME-
 PAGE" MEANS SUCH APPLICATION'S PLATFORM PAGE OR DOWNLOAD  PAGE,  A  LINK
 WITHIN  SUCH  APPLICATION,  SUCH  AS FROM THE APPLICATION CONFIGURATION,
 "ABOUT", "INFORMATION", OR SETTINGS PAGE, AND ANY  OTHER  LOCATION  THAT
 ALLOWS CONSUMERS TO REVIEW THE NOTICES REQUIRED BY THIS ARTICLE, INCLUD-
 ING, BUT NOT LIMITED TO, BEFORE DOWNLOADING SUCH APPLICATION.
   20.  "HOUSEHOLD"  MEANS  A GROUP, HOWEVER IDENTIFIED, OF CONSUMERS WHO
 COHABITATE WITH ONE ANOTHER AT THE SAME RESIDENTIAL  ADDRESS  AND  SHARE
 USE OF COMMON DEVICES OR SERVICES.
   21.  "INFER" OR "INFERENCE" MEANS THE DERIVATION OF INFORMATION, DATA,
 ASSUMPTIONS, OR CONCLUSIONS FROM FACTS, EVIDENCE, OR ANOTHER  SOURCE  OF
 INFORMATION OR DATA.
   22.  "INTENTIONALLY INTERACTS" MEANS WHEN A CONSUMER INTENDS TO INTER-
 ACT WITH A PERSON, OR DISCLOSE PERSONAL INFORMATION TO A PERSON, VIA ONE
 OR MORE DELIBERATE INTERACTIONS, INCLUDING VISITING SUCH PERSON'S INTER-
 NET WEBSITE OR PURCHASING A GOOD OR SERVICE FROM SUCH  PERSON.  HOVERING
 OVER,  MUTING,  PAUSING,  OR  CLOSING A GIVEN PIECE OF CONTENT SHALL NOT
 CONSTITUTE A CONSUMER'S INTENT TO INTERACT WITH A PERSON.
   23. "NON-PERSONALIZED ADVERTISING"  MEANS  ADVERTISING  AND  MARKETING
 THAT  IS  BASED SOLELY ON A CONSUMER'S PERSONAL INFORMATION DERIVED FROM
 SUCH CONSUMER'S CURRENT INTERACTION WITH THE BUSINESS WITH THE EXCEPTION
 OF SUCH CONSUMER'S PRECISE GEOLOCATION.
   24. "PERSON" MEANS AN INDIVIDUAL, PROPRIETORSHIP,  FIRM,  PARTNERSHIP,
 JOINT  VENTURE, SYNDICATE, BUSINESS TRUST, COMPANY, CORPORATION, LIMITED
 LIABILITY COMPANY, ASSOCIATION, COMMITTEE, AND ANY OTHER ORGANIZATION OR
 GROUP OF PERSONS ACTING IN CONCERT.
   25. (A) "PERSONAL INFORMATION" MEANS INFORMATION, HOWEVER  MAINTAINED,
 THAT  IDENTIFIES,  RELATES TO, DESCRIBES, IS REASONABLY CAPABLE OF BEING
 ASSOCIATED WITH, OR COULD REASONABLY BE LINKED, DIRECTLY OR  INDIRECTLY,
 WITH  A PARTICULAR CONSUMER OR HOUSEHOLD, INCLUDING, BUT NOT LIMITED TO,
 THE FOLLOWING:
   (I) IDENTIFIERS SUCH AS A REAL NAME,  ALIAS,  POSTAL  ADDRESS,  UNIQUE
 PERSONAL IDENTIFIER, ONLINE IDENTIFIER, INTERNET PROTOCOL ADDRESS, EMAIL
 S. 9008--A                         63                        A. 10008--A
 
 ADDRESS,  ACCOUNT NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE NUMBER,
 PASSPORT NUMBER, OR OTHER SIMILAR IDENTIFIERS;
   (II)  ANY  INFORMATION  THAT  IDENTIFIES, RELATES TO, DESCRIBES, OR IS
 CAPABLE OF BEING ASSOCIATED WITH, A  PARTICULAR  INDIVIDUAL,  INCLUDING,
 BUT  NOT  LIMITED TO, SUCH INDIVIDUAL'S NAME, SIGNATURE, SOCIAL SECURITY
 NUMBER, PHYSICAL  CHARACTERISTICS  OR  DESCRIPTION,  ADDRESS,  TELEPHONE
 NUMBER,  PASSPORT  NUMBER, DRIVER'S LICENSE OR STATE IDENTIFICATION CARD
 NUMBER,  INSURANCE  POLICY  NUMBER,  EDUCATION,  EMPLOYMENT,  EMPLOYMENT
 HISTORY,  BANK ACCOUNT NUMBER, CREDIT CARD NUMBER, DEBIT CARD NUMBER, OR
 ANY OTHER FINANCIAL INFORMATION, MEDICAL INFORMATION, OR  HEALTH  INSUR-
 ANCE INFORMATION;
   (III)  CHARACTERISTICS  OF PROTECTED CLASSIFICATIONS UNDER NEW YORK OR
 FEDERAL LAW;
   (IV) COMMERCIAL INFORMATION, INCLUDING RECORDS OF  PERSONAL  PROPERTY,
 PRODUCTS  OR  SERVICES  PURCHASED,  OBTAINED,  OR  CONSIDERED,  OR OTHER
 PURCHASING OR CONSUMING HISTORIES OR TENDENCIES;
   (V) BIOMETRIC INFORMATION;
   (VI)  INTERNET  OR  OTHER  ELECTRONIC  NETWORK  ACTIVITY  INFORMATION,
 INCLUDING,  BUT  NOT  LIMITED  TO, BROWSING HISTORY, SEARCH HISTORY, AND
 INFORMATION REGARDING A CONSUMER'S INTERACTION WITH AN INTERNET  WEBSITE
 APPLICATION, OR ADVERTISEMENT;
   (VII) GEOLOCATION DATA;
   (VIII)  AUDIO,  ELECTRONIC,  VISUAL,  THERMAL,  OLFACTORY,  OR SIMILAR
 INFORMATION;
   (IX) PROFESSIONAL OR EMPLOYMENT-RELATED INFORMATION;
   (X) EDUCATION INFORMATION, DEFINED AS INFORMATION THAT IS NOT PUBLICLY
 AVAILABLE PERSONALLY IDENTIFIABLE INFORMATION AS DEFINED IN  THE  FAMILY
 EDUCATIONAL RIGHTS AND PRIVACY ACT (20 U.S.C. SEC. 1232G; 34 C.F.R. PART
 99);
   (XI)  INFERENCES  DRAWN FROM ANY OF THE INFORMATION IDENTIFIED IN THIS
 SUBDIVISION TO CREATE A PROFILE ABOUT A CONSUMER REFLECTING SUCH CONSUM-
 ER'S PREFERENCES,  CHARACTERISTICS,  PSYCHOLOGICAL  TRENDS,  PREDISPOSI-
 TIONS, BEHAVIOR, ATTITUDES, INTELLIGENCE, ABILITIES, AND APTITUDES; AND
   (XII) SENSITIVE PERSONAL INFORMATION;
   (B)  THE TERM "PERSONAL INFORMATION" SHALL NOT INCLUDE PUBLICLY AVAIL-
 ABLE INFORMATION OR LAWFULLY OBTAINED, TRUTHFUL INFORMATION  THAT  IS  A
 MATTER  OF  PUBLIC  CONCERN.  FOR  PURPOSES OF THIS PARAGRAPH, "PUBLICLY
 AVAILABLE" MEANS ANY OF THE FOLLOWING:
   (I) INFORMATION THAT IS LAWFULLY MADE AVAILABLE FROM  FEDERAL,  STATE,
 OR LOCAL GOVERNMENT RECORDS;
   (II)  INFORMATION THAT A BUSINESS HAS A REASONABLE BASIS TO BELIEVE IS
 LAWFULLY MADE AVAILABLE TO THE GENERAL PUBLIC BY THE  CONSUMER  OR  FROM
 WIDELY DISTRIBUTED MEDIA; OR
   (III)  INFORMATION MADE AVAILABLE BY A PERSON TO WHOM THE CONSUMER HAS
 DISCLOSED SUCH INFORMATION IF SUCH  CONSUMER  HAS  NOT  RESTRICTED  SUCH
 INFORMATION TO A SPECIFIC AUDIENCE.
   (C) THE TERM "PUBLICLY AVAILABLE" SHALL NOT MEAN BIOMETRIC INFORMATION
 COLLECTED  BY  A BUSINESS ABOUT A CONSUMER WITHOUT SUCH CONSUMER'S KNOW-
 LEDGE.
   (D) THE TERM "PERSONAL INFORMATION" SHALL NOT INCLUDE CONSUMER  INFOR-
 MATION THAT IS DEIDENTIFIED OR AGGREGATE CONSUMER INFORMATION.
   (E)  THE  TERM  "PERSONAL  INFORMATION"  MAY EXIST IN VARIOUS FORMATS,
 INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING:
   (I) PHYSICAL FORMATS, INCLUDING PAPER DOCUMENTS, PRINTED IMAGES, VINYL
 RECORDS, OR VIDEO TAPES;
   (II) DIGITAL FORMATS, INCLUDING TEXT, IMAGE, AUDIO, OR VIDEO FILES; OR
 S. 9008--A                         64                        A. 10008--A

   (III) ABSTRACT DIGITAL  FORMATS,  INCLUDING  COMPRESSED  OR  ENCRYPTED
 FILES,  METADATA, OR ARTIFICIAL INTELLIGENCE SYSTEMS THAT ARE CAPABLE OF
 OUTPUTTING PERSONAL INFORMATION.
   26. "PRECISE GEOLOCATION" MEANS ANY DATA THAT IS DERIVED FROM A DEVICE
 AND  THAT  IS  USED OR INTENDED TO BE USED TO LOCATE A CONSUMER WITHIN A
 GEOGRAPHIC AREA THAT IS EQUAL TO OR LESS THAN THE AREA OF A CIRCLE  WITH
 A  RADIUS  OF EIGHTEEN HUNDRED FIFTY FEET, EXCEPT AS PRESCRIBED BY REGU-
 LATIONS.
   27. "PROBABILISTIC IDENTIFIER" MEANS THE IDENTIFICATION OF A  CONSUMER
 OR SUCH CONSUMER'S DEVICE TO A DEGREE OF CERTAINTY OF MORE PROBABLE THAN
 NOT  BASED  ON  ANY  CATEGORIES  OF PERSONAL INFORMATION INCLUDED IN, OR
 SIMILAR TO, THE CATEGORIES ENUMERATED  IN  THE  DEFINITION  OF  PERSONAL
 INFORMATION UNDER SUBDIVISION TWENTY-FIVE OF THIS SECTION.
   28.  "PROCESSING"  MEANS  ANY  OPERATION OR SET OF OPERATIONS THAT ARE
 PERFORMED ON PERSONAL INFORMATION OR ON SETS  OF  PERSONAL  INFORMATION,
 WHETHER OR NOT BY AUTOMATED MEANS.
   29.  "PROFILING"  MEANS  ANY  FORM OF AUTOMATED PROCESSING OF PERSONAL
 INFORMATION, AS FURTHER DEFINED BY ANY REGULATIONS ISSUED BY THE OFFICE,
 TO EVALUATE CERTAIN PERSONAL ASPECTS RELATING TO A NATURAL  PERSON  AND,
 IN  PARTICULAR,  TO  ANALYZE  OR PREDICT ASPECTS CONCERNING SUCH NATURAL
 PERSON'S PERFORMANCE AT WORK, ECONOMIC SITUATION, HEALTH, PERSONAL PREF-
 ERENCES, INTERESTS, RELIABILITY, BEHAVIOR, LOCATION, OR MOVEMENTS.
   30. "PSEUDONYMIZE"  OR  "PSEUDONYMIZATION"  MEANS  THE  PROCESSING  OF
 PERSONAL  INFORMATION IN A MANNER THAT RENDERS SUCH PERSONAL INFORMATION
 NO LONGER ATTRIBUTABLE TO A SPECIFIC CONSUMER WITHOUT THE USE  OF  ADDI-
 TIONAL  INFORMATION,  PROVIDED  THAT SUCH ADDITIONAL INFORMATION IS KEPT
 SEPARATELY AND IS SUBJECT TO TECHNICAL AND  ORGANIZATIONAL  MEASURES  TO
 ENSURE THAT SUCH PERSONAL INFORMATION IS NOT ATTRIBUTED TO AN IDENTIFIED
 OR IDENTIFIABLE CONSUMER.
   31. "REPRODUCTIVE HEALTH CARE DATA" MEANS ANY OF THE FOLLOWING:
   (A)  INFORMATION ABOUT A CONSUMER SEARCHING FOR, ACCESSING, PROCURING,
 USING, OR OTHERWISE INTERACTING WITH GOODS OR SERVICES  ASSOCIATED  WITH
 THE  HUMAN  REPRODUCTIVE SYSTEM, WHICH INCLUDES GOODS SUCH AS CONTRACEP-
 TION INCLUDING BUT NOT LIMITED TO CONDOMS OR BIRTH-CONTROL  PILLS,  PRE-
 NATAL  AND  FERTILITY VITAMINS AND SUPPLEMENTS, MENSTRUAL-TRACKING APPS,
 AND HORMONE-REPLACEMENT THERAPY, AND SHALL FURTHER INCLUDE, BUT  NOT  BE
 LIMITED  TO, SERVICES SUCH AS SPERM- AND EGG-FREEZING, IN VITRO FERTILI-
 ZATION, ABORTION CARE, VASECTOMIES, SEXUAL HEALTH COUNSELING;  TREATMENT
 OR COUNSELING FOR SEXUALLY TRANSMITTED INFECTIONS, ERECTILE DYSFUNCTION,
 AND  REPRODUCTIVE  TRACT INFECTIONS; AND PRECISE GEOLOCATION INFORMATION
 ABOUT SUCH TREATMENTS; OR
   (B) INFORMATION ABOUT A CONSUMER'S SEXUAL HISTORY AND FAMILY PLANNING,
 WHICH INCLUDES INFORMATION SUCH CONSUMER INPUTS INTO A DATING APP  ABOUT
 THEIR HISTORY OF SEXUALLY TRANSMITTED INFECTIONS OR DESIRE TO HAVE CHIL-
 DREN THAT IS CONSIDERED SEXUAL HISTORY AND FAMILY PLANNING INFORMATION.
   32. "RESEARCH" MEANS SCIENTIFIC ANALYSIS, SYSTEMATIC STUDY, AND OBSER-
 VATION, INCLUDING BASIC RESEARCH OR APPLIED RESEARCH THAT IS DESIGNED TO
 DEVELOP OR CONTRIBUTE TO PUBLIC OR SCIENTIFIC KNOWLEDGE AND THAT ADHERES
 OR  OTHERWISE  CONFORMS TO ALL OTHER APPLICABLE ETHICS AND PRIVACY LAWS,
 INCLUDING, BUT NOT LIMITED TO, STUDIES CONDUCTED IN THE PUBLIC  INTEREST
 IN  THE  AREA  OF PUBLIC HEALTH. RESEARCH WITH PERSONAL INFORMATION THAT
 MAY HAVE BEEN COLLECTED FROM A CONSUMER IN THE COURSE OF THE  CONSUMER'S
 INTERACTIONS WITH A BUSINESS' SERVICE OR DEVICE FOR OTHER PURPOSES SHALL
 BE:
   (A) COMPATIBLE WITH THE BUSINESS PURPOSE FOR WHICH THE PERSONAL INFOR-
 MATION WAS COLLECTED;
 S. 9008--A                         65                        A. 10008--A
 
   (B)  SUBSEQUENTLY  PSEUDONYMIZED AND DEIDENTIFIED, OR DEIDENTIFIED AND
 IN THE AGGREGATE, SUCH THAT THE INFORMATION CANNOT REASONABLY  IDENTIFY,
 RELATE  TO, DESCRIBE, BE CAPABLE OF BEING ASSOCIATED WITH, OR BE LINKED,
 DIRECTLY OR INDIRECTLY, TO A PARTICULAR CONSUMER, BY A BUSINESS;
   (C)  MADE  SUBJECT TO TECHNICAL SAFEGUARDS THAT PROHIBIT REIDENTIFICA-
 TION OF THE CONSUMER TO WHOM THE INFORMATION MAY PERTAIN, OTHER THAN  AS
 NEEDED TO SUPPORT THE RESEARCH;
   (D)  SUBJECT  TO BUSINESS PROCESSES THAT SPECIFICALLY PROHIBIT REIDEN-
 TIFICATION OF THE INFORMATION, OTHER  THAN  AS  NEEDED  TO  SUPPORT  THE
 RESEARCH;
   (E)  MADE SUBJECT TO BUSINESS PROCESSES TO PREVENT INADVERTENT RELEASE
 OF DEIDENTIFIED INFORMATION;
   (F) PROTECTED FROM ANY REIDENTIFICATION ATTEMPTS;
   (G) USED SOLELY FOR RESEARCH PURPOSES THAT  ARE  COMPATIBLE  WITH  THE
 CONTEXT IN WHICH THE PERSONAL INFORMATION WAS COLLECTED; AND
   (H)  SUBJECTED  BY  THE BUSINESS CONDUCTING THE RESEARCH TO ADDITIONAL
 SECURITY CONTROLS THAT LIMIT ACCESS TO THE RESEARCH DATA TO  ONLY  THOSE
 INDIVIDUALS AS ARE NECESSARY TO CARRY OUT THE RESEARCH PURPOSE.
   33. "SECURITY AND INTEGRITY" MEANS THE ABILITY OF:
   (A)  NETWORKS OR INFORMATION SYSTEMS TO DETECT SECURITY INCIDENTS THAT
 COMPROMISE THE AVAILABILITY, AUTHENTICITY, INTEGRITY, AND CONFIDENTIALI-
 TY OF STORED OR TRANSMITTED PERSONAL INFORMATION;
   (B) BUSINESSES TO DETECT SECURITY INCIDENTS, RESIST MALICIOUS,  DECEP-
 TIVE, FRAUDULENT, OR ILLEGAL ACTIONS AND TO HELP PROSECUTE THOSE RESPON-
 SIBLE FOR THOSE ACTIONS; OR
   (C) BUSINESSES TO ENSURE THE PHYSICAL SAFETY OF NATURAL PERSONS.
   34.  (A)  "SELL", "SELLING", "SALE", OR "SOLD" MEANS SELLING, RENTING,
 RELEASING, DISCLOSING, DISSEMINATING, MAKING AVAILABLE, TRANSFERRING, OR
 OTHERWISE COMMUNICATING ORALLY, IN WRITING, OR BY  ELECTRONIC  OR  OTHER
 MEANS,  A CONSUMER'S PERSONAL INFORMATION BY A BUSINESS TO A THIRD PARTY
 FOR MONETARY OR OTHER VALUABLE CONSIDERATION.
   (B) FOR PURPOSES OF THIS ARTICLE, A BUSINESS SHALL NOT  BE  DEEMED  TO
 SELL PERSONAL INFORMATION WHEN:
   (I) A CONSUMER USES OR DIRECTS SUCH BUSINESS TO INTENTIONALLY:
   (1) DISCLOSE PERSONAL INFORMATION; OR
   (2) INTERACT WITH ONE OR MORE THIRD PARTIES;
   (II) SUCH BUSINESS USES OR SHARES AN IDENTIFIER FOR A CONSUMER WHO HAS
 OPTED OUT OF THE SALE OF SUCH CONSUMER'S PERSONAL INFORMATION OR LIMITED
 THE  USE  OF  SUCH  CONSUMER'S  SENSITIVE  PERSONAL  INFORMATION FOR THE
 PURPOSES OF ALERTING PERSONS TO OR FOR WHOM SUCH CONSUMER HAS OPTED  OUT
 OF  THE  SALE OF SUCH CONSUMER'S PERSONAL INFORMATION OR LIMITED THE USE
 OF SUCH CONSUMER'S SENSITIVE PERSONAL INFORMATION; OR
   (III) SUCH BUSINESS TRANSFERS TO A THIRD PARTY THE  PERSONAL  INFORMA-
 TION  OF  A  CONSUMER AS AN ASSET THAT IS PART OF A MERGER, ACQUISITION,
 BANKRUPTCY, OR OTHER TRANSACTION  IN  WHICH  SUCH  THIRD  PARTY  ASSUMES
 CONTROL  OF ALL OR PART OF SUCH BUSINESS, PROVIDED THAT SUCH INFORMATION
 IS USED OR SHARED CONSISTENTLY WITH THIS ARTICLE. IF A THIRD PARTY MATE-
 RIALLY ALTERS HOW IT USES  OR  SHARES  THE  PERSONAL  INFORMATION  OF  A
 CONSUMER  IN  A MANNER THAT IS MATERIALLY INCONSISTENT WITH THE PROMISES
 MADE AT THE TIME OF COLLECTION, IT SHALL PROVIDE PRIOR NOTICE OF THE NEW
 OR CHANGED PRACTICE TO SUCH CONSUMER. SUCH NOTICE SHALL BE  SUFFICIENTLY
 PROMINENT  AND ROBUST TO ENSURE THAT EXISTING CONSUMERS CAN EASILY EXER-
 CISE THEIR CHOICES CONSISTENTLY WITH  THIS  ARTICLE.  THIS  SUBPARAGRAPH
 SHALL  NOT  AUTHORIZE  A  BUSINESS TO MAKE MATERIAL, RETROACTIVE PRIVACY
 POLICY CHANGES OR MAKE OTHER CHANGES IN THEIR PRIVACY POLICY IN A MANNER
 THAT WOULD VIOLATE SECTION THREE HUNDRED FORTY-NINE OF THIS CHAPTER.
 S. 9008--A                         66                        A. 10008--A
 
   35. (A) "SENSITIVE PERSONAL INFORMATION" MEANS:
   (I) PERSONAL INFORMATION THAT REVEALS:
   (1)  A CONSUMER'S SOCIAL SECURITY, DRIVER'S LICENSE, STATE IDENTIFICA-
 TION CARD, OR PASSPORT NUMBER;
   (2) A CONSUMER'S ACCOUNT LOG-IN, FINANCIAL  ACCOUNT,  DEBIT  CARD,  OR
 CREDIT  CARD  NUMBER IN COMBINATION WITH ANY REQUIRED SECURITY OR ACCESS
 CODE, PASSWORD, OR CREDENTIALS ALLOWING ACCESS TO AN ACCOUNT;
   (3) A CONSUMER'S PRECISE GEOLOCATION;
   (4) A CONSUMER'S RACIAL OR ETHNIC ORIGIN, CITIZENSHIP  OR  IMMIGRATION
 STATUS, RELIGIOUS OR PHILOSOPHICAL BELIEFS, OR UNION MEMBERSHIP;
   (5) THE CONTENTS OF A CONSUMER'S MAIL, EMAIL, AND TEXT MESSAGES UNLESS
 THE BUSINESS IS THE INTENDED RECIPIENT OF THE COMMUNICATION;
   (6) A CONSUMER'S GENETIC DATA; OR
   (7) A CONSUMER'S NEURAL DATA, MEANING INFORMATION THAT IS GENERATED BY
 MEASURING  THE ACTIVITY OF SUCH CONSUMER'S CENTRAL OR PERIPHERAL NERVOUS
 SYSTEM, AND THAT IS NOT INFERRED FROM NONNEURAL INFORMATION; OR
   (II) THE PROCESSING  OF  BIOMETRIC  INFORMATION  FOR  THE  PURPOSE  OF
 UNIQUELY IDENTIFYING A CONSUMER, INCLUDING BUT NOT LIMITED TO:
   (1)  PERSONAL  INFORMATION COLLECTED AND ANALYZED CONCERNING A CONSUM-
 ER'S HEALTH; OR
   (2) PERSONAL INFORMATION COLLECTED AND ANALYZED CONCERNING  A  CONSUM-
 ER'S SEX LIFE OR SEXUAL ORIENTATION.
   (B)  SENSITIVE  PERSONAL  INFORMATION  THAT  IS PUBLICLY AVAILABLE, AS
 DEFINED IN SUBDIVISION TWENTY-FIVE OF THIS SECTION, SHALL NOT BE CONSID-
 ERED "SENSITIVE PERSONAL INFORMATION" OR "PERSONAL INFORMATION" FOR  THE
 PURPOSES OF THIS ARTICLE.
   36. "SERVICE" OR "SERVICES" MEANS WORK, LABOR, AND SERVICES, INCLUDING
 SERVICES FURNISHED IN CONNECTION WITH THE SALE OR REPAIR OF GOODS.
   37.  (A)  "SERVICE  PROVIDER"  MEANS  A PERSON THAT PROCESSES PERSONAL
 INFORMATION ON BEHALF OF A BUSINESS AND THAT RECEIVES FROM OR ON  BEHALF
 OF  SUCH BUSINESS CONSUMER'S PERSONAL INFORMATION FOR A BUSINESS PURPOSE
 PURSUANT TO A WRITTEN CONTRACT, PROVIDED THAT  SUCH  CONTRACT  PROHIBITS
 SUCH PERSON FROM:
   (I) SELLING OR SHARING SUCH PERSONAL INFORMATION;
   (II) RETAINING, USING, OR DISCLOSING SUCH PERSONAL INFORMATION FOR ANY
 PURPOSE  OTHER  THAN FOR THE BUSINESS PURPOSES SPECIFIED IN THE CONTRACT
 FOR SUCH  BUSINESS,  INCLUDING  RETAINING,  USING,  OR  DISCLOSING  SUCH
 PERSONAL  INFORMATION  FOR  A COMMERCIAL PURPOSE OTHER THAN THE BUSINESS
 PURPOSES SPECIFIED IN THE CONTRACT WITH SUCH BUSINESS, OR  AS  OTHERWISE
 PERMITTED BY THIS ARTICLE;
   (III)  RETAINING,  USING, OR DISCLOSING THE INFORMATION OUTSIDE OF THE
 DIRECT BUSINESS RELATIONSHIP BETWEEN THE SERVICE PROVIDER AND SUCH BUSI-
 NESS; OR
   (IV) COMBINING SUCH PERSONAL INFORMATION  THAT  THE  SERVICE  PROVIDER
 RECEIVES  FROM, OR ON BEHALF OF, SUCH BUSINESS WITH PERSONAL INFORMATION
 THAT IT RECEIVES FROM, OR ON BEHALF OF, ANOTHER PERSON  OR  PERSONS,  OR
 COLLECTS  FROM  ITS OWN INTERACTION WITH THE CONSUMER, PROVIDED THAT THE
 SERVICE PROVIDER MAY COMBINE PERSONAL INFORMATION TO PERFORM  ANY  BUSI-
 NESS PURPOSE AS MAY BE FURTHER DEFINED IN REGULATIONS PROMULGATED BY THE
 OFFICE. SUCH CONTRACT MAY, SUBJECT TO AGREEMENT WITH THE SERVICE PROVID-
 ER,  PERMIT  THE  BUSINESS TO MONITOR SUCH SERVICE PROVIDER'S COMPLIANCE
 WITH SUCH CONTRACT THROUGH MEASURES,  INCLUDING,  BUT  NOT  LIMITED  TO,
 ONGOING  MANUAL  REVIEWS  AND  AUTOMATED  SCANS AND REGULAR ASSESSMENTS,
 AUDITS, OR OTHER TECHNICAL AND OPERATIONAL TESTING AT LEAST  ONCE  EVERY
 TWELVE MONTHS.
 S. 9008--A                         67                        A. 10008--A
 
   (B)  IF  A  SERVICE  PROVIDER ENGAGES ANY OTHER PERSON TO ASSIST IT IN
 PROCESSING PERSONAL INFORMATION FOR A BUSINESS PURPOSE ON BEHALF OF  THE
 BUSINESS,  OR  IF  ANY  OTHER  PERSON  ENGAGED  BY SUCH SERVICE PROVIDER
 ENGAGES ANOTHER PERSON TO ASSIST IN PROCESSING PERSONAL INFORMATION  FOR
 SUCH BUSINESS PURPOSE, IT SHALL NOTIFY SUCH BUSINESS OF SUCH ENGAGEMENT,
 AND SUCH ENGAGEMENT SHALL BE PURSUANT TO A WRITTEN CONTRACT BINDING SUCH
 OTHER  PERSON TO OBSERVE ALL THE REQUIREMENTS SET FORTH IN PARAGRAPH (A)
 OF THIS SUBDIVISION.
   38. (A)  "SHARE",  "SHARED",  OR  "SHARING"  MEANS  SHARING,  RENTING,
 RELEASING, DISCLOSING, DISSEMINATING, MAKING AVAILABLE, TRANSFERRING, OR
 OTHERWISE  COMMUNICATING  ORALLY,  IN WRITING, OR BY ELECTRONIC OR OTHER
 MEANS, A CONSUMER'S PERSONAL INFORMATION BY A BUSINESS TO A THIRD  PARTY
 FOR CROSS-CONTEXT BEHAVIORAL ADVERTISING, WHETHER OR NOT FOR MONETARY OR
 OTHER  VALUABLE CONSIDERATION, INCLUDING TRANSACTIONS BETWEEN A BUSINESS
 AND A THIRD PARTY FOR CROSS-CONTEXT BEHAVIORAL ADVERTISING FOR THE BENE-
 FIT OF A BUSINESS IN WHICH NO MONEY IS EXCHANGED.
   (B) FOR PURPOSES OF THIS ARTICLE, A BUSINESS SHALL NOT  BE  DEEMED  TO
 SHARE PERSONAL INFORMATION WHEN:
   (I) A CONSUMER USES OR DIRECTS SUCH BUSINESS TO INTENTIONALLY DISCLOSE
 PERSONAL  INFORMATION  OR  INTENTIONALLY INTERACT WITH ONE OR MORE THIRD
 PARTIES;
   (II) SUCH BUSINESS USES OR SHARES AN IDENTIFIER FOR A CONSUMER WHO HAS
 OPTED OUT OF THE SHARING OF  SUCH  CONSUMER'S  PERSONAL  INFORMATION  OR
 LIMITED  THE  USE  OF SUCH CONSUMER'S SENSITIVE PERSONAL INFORMATION FOR
 THE PURPOSES OF ALERTING PERSONS TO OR FOR WHOM SUCH CONSUMER HAS  OPTED
 OUT  OF  THE  SHARING OF SUCH CONSUMER'S PERSONAL INFORMATION OR LIMITED
 THE USE OF SUCH CONSUMER'S SENSITIVE PERSONAL INFORMATION; OR
   (III) SUCH BUSINESS TRANSFERS TO A THIRD PARTY THE  PERSONAL  INFORMA-
 TION  OF  A  CONSUMER AS AN ASSET THAT IS PART OF A MERGER, ACQUISITION,
 BANKRUPTCY, OR OTHER TRANSACTION  IN  WHICH  SUCH  THIRD  PARTY  ASSUMES
 CONTROL  OF ALL OR PART OF SUCH BUSINESS, PROVIDED THAT SUCH INFORMATION
 IS USED OR SHARED CONSISTENTLY WITH THIS ARTICLE. IF A THIRD PARTY MATE-
 RIALLY ALTERS HOW IT USES  OR  SHARES  THE  PERSONAL  INFORMATION  OF  A
 CONSUMER  IN  A MANNER THAT IS MATERIALLY INCONSISTENT WITH THE PROMISES
 MADE AT THE TIME OF COLLECTION, IT SHALL PROVIDE PRIOR NOTICE OF THE NEW
 OR CHANGED PRACTICE TO SUCH CONSUMER. SUCH NOTICE SHALL BE  SUFFICIENTLY
 PROMINENT  AND ROBUST TO ENSURE THAT EXISTING CONSUMERS CAN EASILY EXER-
 CISE THEIR CHOICES CONSISTENTLY WITH  THIS  ARTICLE.  THIS  SUBPARAGRAPH
 SHALL  NOT  AUTHORIZE  A  BUSINESS TO MAKE MATERIAL, RETROACTIVE PRIVACY
 POLICY CHANGES OR MAKE OTHER CHANGES IN THEIR PRIVACY POLICY IN A MANNER
 THAT WOULD VIOLATE SECTION THREE HUNDRED FORTY-EIGHT OF THIS CHAPTER.
   39. "THIRD PARTY" MEANS A PERSON WHO IS NOT ANY OF THE FOLLOWING:
   (A) THE BUSINESS WITH WHOM A CONSUMER INTENTIONALLY INTERACTS AND THAT
 COLLECTS PERSONAL INFORMATION FROM SUCH CONSUMER AS PART OF SUCH CONSUM-
 ER'S CURRENT INTERACTION WITH SUCH BUSINESS UNDER THIS ARTICLE;
   (B) A SERVICE PROVIDER TO THE BUSINESS; OR
   (C) A CONTRACTOR.
   40. "UNIQUE  IDENTIFIER"  OR  "UNIQUE  PERSONAL  IDENTIFIER"  MEANS  A
 PERSISTENT  IDENTIFIER THAT CAN BE USED TO RECOGNIZE A CONSUMER, A FAMI-
 LY, OR A DEVICE THAT IS LINKED TO A CONSUMER OR FAMILY,  OVER  TIME  AND
 ACROSS DIFFERENT SERVICES, INCLUDING, BUT NOT LIMITED TO, A DEVICE IDEN-
 TIFIER;  AN  INTERNET  PROTOCOL  ADDRESS;  COOKIES, BEACONS, PIXEL TAGS,
 MOBILE AD IDENTIFIERS, OR SIMILAR TECHNOLOGY;  CUSTOMER  NUMBER,  UNIQUE
 PSEUDONYM,  OR USER ALIAS; TELEPHONE NUMBERS, OR OTHER FORMS OF PERSIST-
 ENT OR PROBABILISTIC IDENTIFIERS THAT CAN BE USED TO IDENTIFY A  PARTIC-
 ULAR  CONSUMER  OR  DEVICE  THAT  IS LINKED TO A CONSUMER OR FAMILY. FOR
 S. 9008--A                         68                        A. 10008--A
 
 PURPOSES OF THIS SUBDIVISION, THE TERM "FAMILY" MEANS A CUSTODIAL PARENT
 OR GUARDIAN AND ANY CHILDREN UNDER EIGHTEEN YEARS OF AGE OVER WHICH  THE
 PARENT OR GUARDIAN HAS CUSTODY.
   41.  "VERIFIABLE  CONSUMER  REQUEST" MEANS A REQUEST THAT IS MADE BY A
 CONSUMER, BY A CONSUMER ON BEHALF OF SUCH CONSUMER'S MINOR CHILD, OR  BY
 A  PERSON  WHO  HAS  POWER OF ATTORNEY OR IS ACTING AS A CONSERVATOR FOR
 SUCH CONSUMER, AND THAT THE  BUSINESS  CAN  VERIFY,  USING  COMMERCIALLY
 REASONABLE METHODS, PURSUANT TO ANY REGULATIONS ADOPTED BY THE OFFICE TO
 BE SUCH CONSUMER ABOUT WHOM THE BUSINESS HAS COLLECTED PERSONAL INFORMA-
 TION.
   42. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF FINANCIAL SERVICES.
   43.  "SUPERINTENDENT"  SHALL  MEAN  THE  SUPERINTENDENT  OF  FINANCIAL
 SERVICES.
   44. "OFFICE" SHALL MEAN AN OFFICE WITHIN THE DEPARTMENT,  WHICH  SHALL
 REPORT  TO  THE SUPERINTENDENT, AND IS TASKED WITH THE IMPLEMENTATION OF
 THIS ARTICLE.
   § 1801. DATA BROKER REGISTRATION. 1. ON OR BEFORE THE  FIRST  OF  JULY
 FOLLOWING  EACH  YEAR  IN  WHICH A BUSINESS MEETS THE DEFINITION OF DATA
 BROKER AS PROVIDED IN THIS ARTICLE, OR BY SUCH OTHER DATE AS THE  OFFICE
 MAY  ESTABLISH  BY  REGULATION,  SUCH  BUSINESS  SHALL REGISTER WITH THE
 OFFICE PURSUANT TO THE REQUIREMENTS OF THIS SECTION.
   2. IN REGISTERING WITH THE OFFICE, A DATA BROKER SHALL DO ALL  OF  THE
 FOLLOWING:
   (A) PAY THE PRO RATA SHARE ASSESSED BY THE OFFICE;
   (B)  PROVIDE THE FOLLOWING INFORMATION IN A FORM AND MANNER DETERMINED
 BY THE OFFICE FOR THE PRIOR CALENDAR YEAR:
   (I) THE NAME OF THE DATA BROKER AND ITS PRIMARY PHYSICAL,  EMAIL,  AND
 INTERNET WEBSITE ADDRESSES;
   (II)  IF  THE  DATA  BROKER PERMITS A CONSUMER TO OPT-OUT OF SUCH DATA
 BROKER'S COLLECTION OF BROKERED PERSONAL  INFORMATION,  OPT-OUT  OF  ITS
 DATABASES, OR OPT-OUT OF CERTAIN SALES OF DATA:
   (1) THE METHOD FOR REQUESTING AN OPT-OUT;
   (2)  IF THE OPT-OUT APPLIES TO ONLY CERTAIN ACTIVITIES OR SALES, WHICH
 ACTIVITIES OR SALES SUCH OPT-OUT APPLIES TO; AND
   (3) WHETHER THE DATA BROKER PERMITS A CONSUMER TO  AUTHORIZE  A  THIRD
 PARTY TO PERFORM THE OPT-OUT ON THE CONSUMER'S BEHALF;
   (III)  A STATEMENT SPECIFYING THE DATA COLLECTION, DATABASES, OR SALES
 ACTIVITIES FROM WHICH A CONSUMER SHALL NOT OPT-OUT;
   (IV) A STATEMENT  REGARDING  WHETHER  THE  DATA  BROKER  IMPLEMENTS  A
 PURCHASER CREDENTIALING PROCESS;
   (V)  THE NUMBER OF REQUESTS FROM CONSUMERS TO DELETE PERSONAL INFORMA-
 TION;
   (VI) THE MEDIAN AND THE MEAN NUMBER OF  DAYS  WITHIN  WHICH  THE  DATA
 BROKER  SUBSTANTIVELY  RESPONDED TO CONSUMER REQUESTS TO DELETE PERSONAL
 INFORMATION;
   (VII) WHETHER THE DATA BROKER COLLECTS  THE  PERSONAL  INFORMATION  OF
 MINORS;
   (VIII)  WHETHER  THE  DATA  BROKER COLLECTS CONSUMERS' NAMES, DATES OF
 BIRTH, ZIP CODES, EMAIL ADDRESSES, OR PHONE NUMBERS;
   (IX) WHETHER THE DATA BROKER COLLECTS  CONSUMERS'  ACCOUNT  LOGINS  OR
 ACCOUNT  NUMBERS IN COMBINATION WITH ANY REQUIRED SECURITY CODES, ACCESS
 CODES, OR PASSWORDS THAT WOULD PERMIT ACCESS  TO  A  CONSUMER'S  ACCOUNT
 WITH A THIRD PARTY;
   (X)  WHETHER  THE  DATA  BROKER  COLLECTS  CONSUMERS' DRIVERS' LICENSE
 NUMBERS,  NEW  YORK  IDENTIFICATION  CARD  NUMBERS,  TAX  IDENTIFICATION
 NUMBERS, SOCIAL SECURITY NUMBERS, PASSPORT NUMBERS, MILITARY IDENTIFICA-
 S. 9008--A                         69                        A. 10008--A
 
 TION NUMBERS, OR OTHER UNIQUE IDENTIFICATION NUMBERS ISSUED ON A GOVERN-
 MENT  DOCUMENT  COMMONLY USED TO VERIFY THE IDENTITY OF A SPECIFIC INDI-
 VIDUAL;
   (XI)  WHETHER  THE  DATA BROKER COLLECTS CONSUMERS' MOBILE ADVERTISING
 IDENTIFICATION NUMBERS, CONNECTED TELEVISION IDENTIFICATION NUMBERS,  OR
 VEHICLE IDENTIFICATION NUMBERS (VIN);
   (XII)  WHETHER  THE  DATA BROKER COLLECTS CONSUMERS' CITIZENSHIP DATA,
 INCLUDING IMMIGRATION STATUS;
   (XIII) WHETHER THE DATA BROKER COLLECTS  CONSUMERS'  UNION  MEMBERSHIP
 STATUS;
   (XIV)  WHETHER  THE DATA BROKER COLLECTS CONSUMERS' SEXUAL ORIENTATION
 STATUS;
   (XV) WHETHER THE DATA BROKER COLLECTS CONSUMERS' GENDER  IDENTITY  AND
 GENDER EXPRESSION DATA;
   (XVI) WHETHER THE DATA BROKER COLLECTS CONSUMERS' BIOMETRIC DATA;
   (XVII)  WHETHER  THE  DATA BROKER COLLECTS CONSUMERS' PRECISE GEOLOCA-
 TION;
   (XVIII) WHETHER  THE  DATA  BROKER  COLLECTS  CONSUMERS'  REPRODUCTIVE
 HEALTH CARE DATA;
   (XIX)  WHETHER THE DATA BROKER HAS SHARED OR SOLD CONSUMERS' DATA TO A
 FOREIGN ACTOR IN THE PAST YEAR;
   (XX) WHETHER THE DATA BROKER HAS SHARED OR SOLD CONSUMERS' DATA TO THE
 FEDERAL GOVERNMENT IN THE PAST YEAR;
   (XXI) WHETHER THE DATA BROKER HAS SHARED OR SOLD  CONSUMERS'  DATA  TO
 OTHER STATE GOVERNMENTS IN THE PAST YEAR;
   (XXII)  WHETHER  THE DATA BROKER HAS SHARED OR SOLD CONSUMERS' DATA TO
 LAW ENFORCEMENT IN THE PAST YEAR, UNLESS SUCH DATA WAS  SHARED  PURSUANT
 TO A SUBPOENA OR COURT ORDER;
   (XXIII)  WHETHER THE DATA BROKER HAS SHARED OR SOLD CONSUMERS' DATA TO
 A DEVELOPER OF A GENAI SYSTEM OR MODEL IN THE PAST YEAR;
   (XXIV) A LINK TO A PAGE ON THE DATA  BROKER'S  INTERNET  WEBSITE  THAT
 DETAILS  HOW  A CONSUMER MAY EXERCISE THEIR DELETION RIGHTS AND DOES NOT
 MAKE ANY USE OF DARK PATTERNS;
   (XXV) WHETHER AND TO WHAT EXTENT THE DATA BROKER OR ANY OF ITS SUBSID-
 IARIES IS REGULATED BY ANY OF THE FOLLOWING:
   (1) THE FEDERAL FAIR CREDIT REPORTING ACT  (15  U.S.C.  SEC.  1681  ET
 SEQ.);
   (2)  THE  GRAMM-LEACH-BLILEY ACT (PUBLIC LAW 106-102) AND IMPLEMENTING
 REGULATIONS; OR
   (3) THE PRIVACY, SECURITY, AND BREACH NOTIFICATION RULES ISSUED BY THE
 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, PARTS 160 AND 164
 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS, ESTABLISHED PURSUANT  TO
 THE  FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996
 (PUBLIC LAW 104-191);
   (XXVI) ANY ADDITIONAL  INFORMATION  OR  EXPLANATION  THE  DATA  BROKER
 CHOOSES TO PROVIDE CONCERNING ITS DATA COLLECTION PRACTICES; AND
   (XXVII)  ANY OTHER INFORMATION THAT THE OFFICE MAY REQUIRE PURSUANT TO
 REGULATIONS.
   § 1802. DATA BROKER REGISTRATION AND DELETION PORTAL. THE OFFICE SHALL
 CREATE A PAGE ON THE DEPARTMENT'S INTERNET WEBSITE WHERE  THE  REGISTRA-
 TION  INFORMATION PROVIDED BY DATA BROKERS DESCRIBED UNDER SECTION EIGH-
 TEEN HUNDRED ONE OF THIS ARTICLE AND THE ACCESSIBLE  DELETION  MECHANISM
 DESCRIBED  UNDER  SECTION EIGHTEEN HUNDRED FOUR OF THIS ARTICLE SHALL BE
 ACCESSIBLE TO THE PUBLIC.
   § 1803. CONSUMER DELETION REQUESTS.  A  DATA  BROKER  SHALL  DELETE  A
 CONSUMER'S PERSONAL INFORMATION, BASED ON SUCH CONSUMER'S REQUEST, WITH-
 S. 9008--A                         70                        A. 10008--A
 
 IN  FORTY-FIVE  DAYS OF RECEIVING A VERIFIABLE CONSUMER REQUEST FROM THE
 CONSUMER PURSUANT TO SECTION EIGHTEEN HUNDRED FOUR OF  THIS  ARTICLE  OR
 SECTION  EIGHTEEN  HUNDRED FIVE OF THIS ARTICLE.  SUCH DATA BROKER SHALL
 PROMPTLY  TAKE  STEPS  TO DETERMINE WHETHER SUCH REQUEST IS A VERIFIABLE
 CONSUMER REQUEST, BUT SUCH STEPS SHALL NOT  EXTEND  SUCH  DATA  BROKER'S
 DUTY TO DELETE PERSONAL INFORMATION WITHIN FORTY-FIVE DAYS OF RECEIPT OF
 THE  CONSUMER'S  REQUEST. THE TIME PERIOD TO DELETE PERSONAL INFORMATION
 MAY BE EXTENDED ONCE BY AN ADDITIONAL FORTY-FIVE  DAYS  WHEN  REASONABLY
 NECESSARY,  PROVIDED  THE  CONSUMER IS PROVIDED NOTICE OF SUCH EXTENSION
 WITHIN THE FIRST FORTY-FIVE-DAY PERIOD.
   § 1804. ACCESSIBLE DELETION REQUEST MECHANISM FOR  CONSUMERS.  1.  THE
 OFFICE  SHALL  ESTABLISH  AN  ACCESSIBLE DELETION REQUEST MECHANISM THAT
 DOES ALL OF THE FOLLOWING:
   (A) IMPLEMENTS AND MAINTAINS REASONABLE SECURITY PROCEDURES AND  PRAC-
 TICES,  INCLUDING,  BUT  NOT  LIMITED  TO, ADMINISTRATIVE, PHYSICAL, AND
 TECHNICAL SAFEGUARDS APPROPRIATE TO THE NATURE OF  THE  INFORMATION  AND
 THE  PURPOSES  FOR  WHICH  THE  PERSONAL INFORMATION WILL BE USED AND TO
 PROTECT CONSUMERS' PERSONAL INFORMATION FROM UNAUTHORIZED  USE,  DISCLO-
 SURE, ACCESS, DESTRUCTION, OR MODIFICATION;
   (B)  ALLOWS  A CONSUMER, THROUGH A SINGLE VERIFIABLE CONSUMER REQUEST,
 TO REQUEST THAT EVERY DATA BROKER THAT MAINTAINS ANY  PERSONAL  INFORMA-
 TION  DELETE  ANY  PERSONAL INFORMATION RELATED TO SUCH CONSUMER HELD BY
 THE DATA BROKER OR ASSOCIATED SERVICE PROVIDER OR CONTRACTOR;
   (C) ALLOWS A CONSUMER TO SELECTIVELY  EXCLUDE  SPECIFIC  DATA  BROKERS
 FROM A REQUEST MADE UNDER THIS SECTION; AND
   (D)  ALLOWS  A  CONSUMER TO MAKE A REQUEST TO ALTER A PREVIOUS REQUEST
 MADE UNDER THIS SECTION AFTER AT LEAST FORTY-FIVE DAYS HAVE PASSED SINCE
 THE CONSUMER LAST MADE A REQUEST UNDER THIS SECTION.
   2. THE ACCESSIBLE DELETION  MECHANISM  ESTABLISHED  PURSUANT  TO  THIS
 SECTION SHALL MEET ALL OF THE FOLLOWING REQUIREMENTS:
   (A)  THE  ACCESSIBLE  DELETION  MECHANISM  SHALL  ALLOW  A CONSUMER TO
 REQUEST THE DELETION OF ALL PERSONAL INFORMATION RELATED TO SUCH CONSUM-
 ER THROUGH A SINGLE DELETION REQUEST;
   (B) THE ACCESSIBLE DELETION  MECHANISM  SHALL  PERMIT  A  CONSUMER  TO
 SECURELY  SUBMIT  INFORMATION  IN  ONE  OR  MORE PRIVACY-PROTECTING WAYS
 DETERMINED BY THE OFFICE TO AID IN THE DELETION REQUEST;
   (C) THE ACCESSIBLE DELETION MECHANISM SHALL ALLOW DATA BROKERS  REGIS-
 TERED WITH THE OFFICE TO DETERMINE WHETHER AN INDIVIDUAL HAS SUBMITTED A
 VERIFIABLE  CONSUMER  REQUEST TO DELETE THE PERSONAL INFORMATION RELATED
 TO SUCH CONSUMER AS DESCRIBED IN THIS SECTION AND SHALL  NOT  ALLOW  THE
 DISCLOSURE  OF  ANY ADDITIONAL PERSONAL INFORMATION WHEN THE DATA BROKER
 ACCESSES SUCH ACCESSIBLE DELETION MECHANISM UNLESS  OTHERWISE  SPECIFIED
 IN THIS ARTICLE;
   (D) THE ACCESSIBLE DELETION MECHANISM SHALL ALLOW A CONSUMER TO MAKE A
 REQUEST  DESCRIBED IN THIS SECTION USING AN INTERNET SERVICE OPERATED BY
 THE OFFICE;
   (E) THE ACCESSIBLE DELETION MECHANISM SHALL NOT CHARGE A  CONSUMER  TO
 MAKE A REQUEST DESCRIBED IN THIS SECTION;
   (F) THE ACCESSIBLE DELETION MECHANISM SHALL ALLOW A CONSUMER TO MAKE A
 REQUEST  DESCRIBED  IN  THIS  SECTION IN ANY OF THE TWELVE MOST COMMONLY
 SPOKEN LANGUAGES IN NEW YORK STATE, CONSISTENT WITH SECTION TWO  HUNDRED
 TWO-A  OF  THE  EXECUTIVE  LAW,  FOR  WHOM PERSONAL INFORMATION HAS BEEN
 COLLECTED BY DATA BROKERS;
   (G) THE ACCESSIBLE DELETION MECHANISM SHALL COMPLY  WITH  SECTION  ONE
 HUNDRED THREE-D OF THE STATE TECHNOLOGY LAW;
 S. 9008--A                         71                        A. 10008--A
 
   (H)  THE  ACCESSIBLE DELETION MECHANISM SHALL SUPPORT THE ABILITY OF A
 CONSUMER'S AUTHORIZED AGENTS TO AID IN THE DELETION REQUEST;
   (I)  THE  ACCESSIBLE  DELETION  MECHANISM SHALL ALLOW THE CONSUMER, OR
 THEIR AUTHORIZED AGENT, TO VERIFY THE STATUS OF SUCH CONSUMER'S DELETION
 REQUEST; AND
   (J) THE ACCESSIBLE DELETION MECHANISM SHALL PROVIDE A  DESCRIPTION  OF
 ALL OF THE FOLLOWING:
   (I)  THE  DELETION  PERMITTED  BY  THIS  SECTION INCLUDING THE ACTIONS
 REQUIRED OF DATA BROKERS DESCRIBED IN THIS SECTION;
   (II) THE PROCESS FOR SUBMITTING A DELETION REQUEST  PURSUANT  TO  THIS
 SECTION; AND
   (III) EXAMPLES OF THE TYPES OF INFORMATION THAT MAY BE DELETED;
   3. BEGINNING ON A DATE ESTABLISHED BY REGULATION BY THE OFFICE, A DATA
 BROKER SHALL ACCESS THE ACCESSIBLE DELETION MECHANISM ESTABLISHED PURSU-
 ANT  TO  SUBDIVISION  ONE OF THIS SECTION AT LEAST ONCE EVERY FORTY-FIVE
 DAYS AND DO ALL OF THE FOLLOWING:
   (A) WITHIN FORTY-FIVE DAYS AFTER RECEIVING A REQUEST MADE PURSUANT  TO
 THIS  SECTION,  A DATA BROKER SHALL PROCESS ALL SUCH REQUESTS AND DELETE
 ALL  PERSONAL  INFORMATION  RELATED  TO  THE  CONSUMERS  WHO  MADE  SUCH
 REQUESTS;
   (B)  IN  CASES WHERE A DATA BROKER DENIES A CONSUMER REQUEST TO DELETE
 UNDER THIS ARTICLE BECAUSE SUCH REQUEST CANNOT BE  VERIFIED,  SUCH  DATA
 BROKER  SHALL  PROCESS SUCH REQUEST AS AN OPT-OUT OF THE SALE OR SHARING
 OF SUCH  CONSUMER'S  PERSONAL  INFORMATION  IF  PROVIDED  BY  SUCH  DATA
 BROKERS' EXISTING POLICIES AND PRACTICES;
   (C)  A  DATA  BROKER SHALL DIRECT ALL SERVICE PROVIDERS OR CONTRACTORS
 ASSOCIATED WITH SUCH DATA BROKER TO DELETE ALL PERSONAL  INFORMATION  IN
 THEIR  POSSESSION RELATED TO THE CONSUMERS MAKING THE REQUESTS DESCRIBED
 IN PARAGRAPH (A) OF THIS SUBDIVISION;
   (D) A DATA BROKER SHALL DIRECT ALL SERVICE  PROVIDERS  OR  CONTRACTORS
 ASSOCIATED  WITH THE DATA BROKER TO PROCESS A REQUEST DESCRIBED BY PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   4. NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION,  A  DATA  BROKER
 SHALL  NOT  BE  REQUIRED  TO DELETE A CONSUMER'S PERSONAL INFORMATION IF
 EITHER OF THE FOLLOWING APPLY:
   (A) IF IT IS REASONABLY NECESSARY FOR THE BUSINESS, SERVICE  PROVIDER,
 OR  CONTRACTOR  TO MAINTAIN THE CONSUMER'S PERSONAL INFORMATION IN ORDER
 TO:
   (I) COMPLETE THE TRANSACTION FOR WHICH THE  PERSONAL  INFORMATION  WAS
 COLLECTED,  FULFILL  THE  TERMS  OF A WRITTEN WARRANTY OR PRODUCT RECALL
 CONDUCTED IN ACCORDANCE WITH FEDERAL LAW,  PROVIDE  A  GOOD  OR  SERVICE
 REQUESTED  BY  THE  CONSUMER, OR REASONABLY ANTICIPATED BY SUCH CONSUMER
 WITHIN THE CONTEXT OF A BUSINESS'  ONGOING  BUSINESS  RELATIONSHIP  WITH
 SUCH  CONSUMER, OR OTHERWISE PERFORM A CONTRACT BETWEEN THE BUSINESS AND
 SUCH CONSUMER;
   (II) HELP TO ENSURE SECURITY AND INTEGRITY TO THE EXTENT  THE  USE  OF
 THE  CONSUMER'S PERSONAL INFORMATION IS REASONABLY NECESSARY AND PROPOR-
 TIONATE FOR SUCH PURPOSES;
   (III) DEBUG  TO  IDENTIFY  AND  REPAIR  ERRORS  THAT  IMPAIR  EXISTING
 INTENDED FUNCTIONALITY;
   (IV)  EXERCISE  FREE  SPEECH,  ENSURE THE RIGHT OF ANOTHER CONSUMER TO
 EXERCISE SUCH CONSUMER'S RIGHT OF FREE SPEECH, OR EXERCISE ANOTHER RIGHT
 PROVIDED FOR BY LAW;
   (V) ENGAGE IN  PUBLIC  OR  PEER-REVIEWED  SCIENTIFIC,  HISTORICAL,  OR
 STATISTICAL  RESEARCH  THAT  CONFORMS OR ADHERES TO ALL OTHER APPLICABLE
 ETHICS AND PRIVACY LAWS, WHEN THE BUSINESS' DELETION OF THE  INFORMATION
 S. 9008--A                         72                        A. 10008--A
 
 IS  LIKELY  TO  RENDER  IMPOSSIBLE  OR  SERIOUSLY  IMPAIR THE ABILITY TO
 COMPLETE SUCH RESEARCH, IF THE CONSUMER HAS PROVIDED INFORMED CONSENT;
   (VI)  TO  ENABLE SOLELY INTERNAL USES THAT ARE REASONABLY ALIGNED WITH
 THE EXPECTATIONS OF THE CONSUMER BASED ON SUCH  CONSUMER'S  RELATIONSHIP
 WITH THE BUSINESS AND COMPATIBLE WITH THE CONTEXT IN WHICH SUCH CONSUMER
 PROVIDED THE INFORMATION;
   (VII)  COMPLY  WITH  A LEGAL OBLIGATION, INCLUDING, BUT NOT LIMITED TO
 FEDERAL, STATE, OR LOCAL LAWS OR COMPLY WITH A COURT ORDER  OR  SUBPOENA
 TO PROVIDE INFORMATION;
   (VIII)  COMPLY WITH A CIVIL, CRIMINAL, OR REGULATORY INQUIRY, INVESTI-
 GATION, SUBPOENA, OR SUMMONS BY FEDERAL, STATE,  OR  LOCAL  AUTHORITIES.
 LAW  ENFORCEMENT  AGENCIES,  INCLUDING POLICE AND SHERIFF'S DEPARTMENTS,
 MAY DIRECT A BUSINESS PURSUANT  TO  A  LAW  ENFORCEMENT  AGENCY-APPROVED
 INVESTIGATION  WITH  AN  ACTIVE  CASE  NUMBER NOT TO DELETE A CONSUMER'S
 PERSONAL INFORMATION, AND, UPON RECEIPT OF THAT  DIRECTION,  A  BUSINESS
 SHALL  NOT  DELETE  THE PERSONAL INFORMATION FOR NINETY DAYS IN ORDER TO
 ALLOW THE LAW ENFORCEMENT AGENCY  TO  OBTAIN  A  COURT-ISSUED  SUBPOENA,
 ORDER, OR WARRANT TO OBTAIN A CONSUMER'S PERSONAL INFORMATION.  FOR GOOD
 CAUSE AND ONLY TO THE EXTENT NECESSARY FOR INVESTIGATORY PURPOSES, A LAW
 ENFORCEMENT  AGENCY  MAY  DIRECT A BUSINESS NOT TO DELETE THE CONSUMER'S
 PERSONAL INFORMATION FOR ADDITIONAL NINETY-DAY PERIODS. A BUSINESS  THAT
 HAS  RECEIVED  DIRECTION FROM A LAW ENFORCEMENT AGENCY NOT TO DELETE THE
 PERSONAL INFORMATION OF A CONSUMER WHO HAS REQUESTED  DELETION  OF  SUCH
 CONSUMER'S  PERSONAL  INFORMATION SHALL NOT USE SUCH CONSUMER'S PERSONAL
 INFORMATION FOR ANY PURPOSE OTHER THAN RETAINING IT TO  PRODUCE  TO  LAW
 ENFORCEMENT  IN  RESPONSE  TO A COURT-ISSUED SUBPOENA, ORDER, OR WARRANT
 UNLESS SUCH CONSUMER'S DELETION REQUEST IS SUBJECT TO AN EXEMPTION  FROM
 DELETION UNDER THIS ARTICLE;
   (IX)  COOPERATE  WITH  LAW  ENFORCEMENT AGENCIES CONCERNING CONDUCT OR
 ACTIVITY THAT THE BUSINESS, SERVICE PROVIDER, OR THIRD PARTY  REASONABLY
 AND IN GOOD FAITH BELIEVES MAY VIOLATE FEDERAL, STATE, OR LOCAL LAW;
   (X) COOPERATE WITH A GOVERNMENT AGENCY REQUEST FOR EMERGENCY ACCESS TO
 A  CONSUMER'S  PERSONAL  INFORMATION  IF  A NATURAL PERSON IS AT RISK OR
 DANGER OF DEATH OR SERIOUS PHYSICAL INJURY PROVIDED THAT:
   (1) SUCH REQUEST IS APPROVED BY  A  HIGH-RANKING  AGENCY  OFFICER  FOR
 EMERGENCY ACCESS TO A CONSUMER'S PERSONAL INFORMATION;
   (2)  SUCH  REQUEST  IS  BASED  ON  SUCH GOVERNMENT AGENCY'S GOOD FAITH
 DETERMINATION THAT IT HAS A LAWFUL BASIS TO ACCESS THE INFORMATION ON  A
 NONEMERGENCY BASIS;
   (3)  SUCH  AGENCY  AGREES TO PETITION A COURT FOR AN APPROPRIATE ORDER
 WITHIN THREE DAYS AND TO DESTROY THE INFORMATION IF SUCH  ORDER  IS  NOT
 GRANTED; AND
   (4)  FOR  PURPOSES OF THIS SUBPARAGRAPH, A CONSUMER ACCESSING, PROCUR-
 ING, OR SEARCHING FOR SERVICES REGARDING CONTRACEPTION, PREGNANCY  CARE,
 AND  PERINATAL  CARE,  INCLUDING, BUT NOT LIMITED TO, ABORTION SERVICES,
 SHALL NOT CONSTITUTE A NATURAL PERSON BEING AT RISK OR DANGER  OF  DEATH
 OR SERIOUS PHYSICAL INJURY;
   (XI) EXERCISE OR DEFEND LEGAL CLAIMS;
   (XII)  COLLECT,  USE,  RETAIN,  SELL,  SHARE,  OR  DISCLOSE CONSUMERS'
 PERSONAL INFORMATION THAT IS DEIDENTIFIED OR AGGREGATE CONSUMER INFORMA-
 TION; OR
   (XIII) COLLECT, SELL, OR SHARE A CONSUMER'S  PERSONAL  INFORMATION  IF
 EVERY  ASPECT  OF  THAT COMMERCIAL CONDUCT TAKES PLACE WHOLLY OUTSIDE OF
 NEW YORK.  FOR PURPOSES OF THIS ARTICLE, COMMERCIAL CONDUCT TAKES  PLACE
 WHOLLY  OUTSIDE  OF  NEW YORK IF THE BUSINESS COLLECTED THAT INFORMATION
 WHILE THE CONSUMER WAS OUTSIDE OF NEW YORK, NO PART OF THE SALE  OF  THE
 S. 9008--A                         73                        A. 10008--A
 
 CONSUMER'S  PERSONAL  INFORMATION  OCCURRED IN NEW YORK, AND NO PERSONAL
 INFORMATION COLLECTED WHILE THE CONSUMER WAS IN NEW YORK IS  SOLD.  THIS
 PARAGRAPH  SHALL  NOT  PROHIBIT  A BUSINESS FROM STORING, INCLUDING ON A
 DEVICE,  PERSONAL  INFORMATION  ABOUT A CONSUMER WHEN THE CONSUMER IS IN
 NEW YORK AND THEN COLLECTING THAT PERSONAL INFORMATION WHEN THE CONSUMER
 AND STORED PERSONAL INFORMATION IS OUTSIDE OF NEW YORK; OR
   (B) PERSONAL INFORMATION DESCRIBED IN THIS SUBDIVISION SHALL  ONLY  BE
 USED  FOR  THE  PURPOSES  DESCRIBED IN THIS SUBDIVISION AND SHALL NOT BE
 USED OR DISCLOSED FOR ANY OTHER PURPOSE, INCLUDING, BUT NOT LIMITED  TO,
 MARKETING PURPOSES.
   5.  BEGINNING ON A DATE ESTABLISHED BY REGULATION BY THE OFFICE, AFTER
 A CONSUMER HAS SUBMITTED A  DELETION  REQUEST  AND  A  DATA  BROKER  HAS
 DELETED  SUCH CONSUMER'S DATA PURSUANT TO THIS SECTION, SUCH DATA BROKER
 SHALL DELETE ALL PERSONAL INFORMATION OF SUCH  CONSUMER  AT  LEAST  ONCE
 EVERY  FORTY-FIVE  DAYS  PURSUANT  TO  THIS SECTION UNLESS SUCH CONSUMER
 REQUESTS OTHERWISE OR SUCH DELETION IS NOT REQUIRED PURSUANT TO SUBDIVI-
 SION FOUR OF THIS SECTION.
   6. BEGINNING ON A DATE ESTABLISHED BY REGULATION BY THE OFFICE,  AFTER
 A  CONSUMER  HAS  SUBMITTED  A  DELETION  REQUEST  AND A DATA BROKER HAS
 DELETED SUCH CONSUMER'S DATA PURSUANT TO THIS SECTION, SUCH DATA  BROKER
 SHALL NOT SELL OR SHARE NEW PERSONAL INFORMATION OF SUCH CONSUMER UNLESS
 SUCH  CONSUMER  REQUESTS  OTHERWISE  OR SELLING OR SHARING SUCH PERSONAL
 INFORMATION IS PERMITTED UNDER SUBDIVISION FOUR OF THIS SECTION.
   7. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-NINE, OR BY SUCH OTHER
 DATE THAT MAY BE ESTABLISHED BY REGULATION  BY  THE  OFFICE,  AND  EVERY
 THREE YEARS THEREAFTER, A DATA BROKER SHALL UNDERGO AN AUDIT BY AN INDE-
 PENDENT  THIRD PARTY TO DETERMINE COMPLIANCE WITH THIS SECTION. THE DATA
 BROKER SHALL SUBMIT A REPORT RESULTING FROM THE AUDIT  AND  ANY  RELATED
 MATERIALS TO THE OFFICE WITHIN FIVE BUSINESS DAYS OF RECEIVING A WRITTEN
 REQUEST  FROM  THE  OFFICE.  A DATA BROKER SHALL MAINTAIN THE REPORT AND
 MATERIALS DESCRIBED IN THIS PARAGRAPH FOR AT LEAST SIX YEARS.
   § 1805. DATA BROKER WEBSITE DISCLOSURE REQUIREMENTS.  1. ON OR  BEFORE
 JULY  FIRST  FOLLOWING  EACH CALENDAR YEAR, OR BY SUCH OTHER DATE AS THE
 OFFICE MAY ESTABLISH BY REGULATION IN WHICH A BUSINESS MEETS  THE  DEFI-
 NITION  OF A DATA BROKER AS PROVIDED IN THIS ARTICLE, THE BUSINESS SHALL
 CLEARLY AND CONSPICUOUSLY POST THEIR PRIVACY POLICY ON THEIR WEBSITE  AS
 WELL AS DO ALL OF THE FOLLOWING:
   (A) DISCLOSE THE NUMBER OF CONSUMER DELETION REQUESTS MADE TO THE DATA
 BROKER PURSUANT TO SECTION EIGHTEEN HUNDRED FOUR OF THIS ARTICLE;
   (B)  DISCLOSE  THE MEDIAN AND THE MEAN NUMBER OF DAYS WITHIN WHICH THE
 DATA BROKER SUBSTANTIVELY RESPONDED TO CONSUMER DELETION REQUESTS DURING
 THE PREVIOUS CALENDAR YEAR; AND
   (C) DISCLOSE THE METRICS COMPILED PURSUANT TO PARAGRAPHS (A)  AND  (B)
 OF  THIS  SUBDIVISION  WITHIN THE DATA BROKER'S PRIVACY POLICY POSTED ON
 THEIR INTERNET WEBSITE AND ACCESSIBLE FROM A LINK INCLUDED IN  THE  DATA
 BROKER'S PRIVACY POLICY.
   2.  IN  ITS  DISCLOSURE PURSUANT TO SUBDIVISION ONE OF THIS SECTION, A
 DATA BROKER SHALL DISCLOSE THE NUMBER OF CONSUMER DELETION REQUESTS THAT
 THE DATA BROKER DENIED IN WHOLE OR IN PART BECAUSE OF ANY OF THE FOLLOW-
 ING:
   (A) THE REQUEST WAS NOT VERIFIABLE;
   (B) THE REQUEST WAS NOT MADE BY A CONSUMER;
   (C) THE REQUEST CALLED FOR INFORMATION EXEMPT FROM DELETION; OR
   (D) THE REQUEST WAS DENIED ON OTHER GROUNDS.
   3. IN ITS DISCLOSURE PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION,  A
 DATA  BROKER  SHALL  SPECIFY THE NUMBER OF CONSUMER DELETION REQUESTS IN
 S. 9008--A                         74                        A. 10008--A
 
 WHICH DELETION WAS NOT REQUIRED IN WHOLE, OR IN PART, UNDER  A  RELEVANT
 SECTION OF THIS ARTICLE.
   4. A DATA BROKER SHALL PROVIDE IN A FORM THAT IS REASONABLY ACCESSIBLE
 TO  CONSUMERS,  AT  LEAST  TWO OR MORE DESIGNATED METHODS FOR SUBMITTING
 DELETION REQUESTS TO SUCH DATA BROKER DIRECTLY. SUCH FORMS MAY INCLUDE A
 TOLL-FREE TELEPHONE NUMBER, EMAIL OR ELECTRONIC SUBMISSION VIA THE  DATA
 BROKER'S INTERNET WEBSITE.
   §  1806.  RULEMAKING.  THE OFFICE SHALL ADOPT RULES AND REGULATIONS TO
 IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
   § 1807. POWERS, DUTIES AND ADJUDICATORY PROCEEDINGS. 1. IN  CONNECTION
 WITH  THE  IMPLEMENTATION  AND  ENFORCEMENT  OF THIS ARTICLE, THE OFFICE
 SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   (A) TO HOLD HEARINGS, SUBPOENA  WITNESSES,  COMPEL  THEIR  ATTENDANCE,
 ADMINISTER  OATHS,  TO  EXAMINE  ANY PERSON UNDER OATH AND IN CONNECTION
 THEREWITH TO REQUIRE THE PRODUCTION OF ANY BOOKS OR RECORDS RELATIVE  TO
 THE  INQUIRY,  PROVIDED THAT SUBPOENA ISSUED UNDER THIS SECTION SHALL BE
 REGULATED BY THE CIVIL PRACTICE LAW AND RULES;
   (B) TO APPOINT SUCH ADVISORY GROUPS AND COMMITTEES AS DEEMED NECESSARY
 TO PROVIDE ASSISTANCE TO THE OFFICE TO CARRY OUT THE PURPOSES AND OBJEC-
 TIVES OF THIS ARTICLE;
   (C) TO ENTER INTO CONTRACTS, MEMORANDA OF  UNDERSTANDING,  AND  AGREE-
 MENTS AS DEEMED APPROPRIATE TO EFFECTUATE THE POLICY AND PURPOSE OF THIS
 CHAPTER;
   (D)  TO  DRAFT  DECLARATORY RULINGS, GUIDANCE AND INDUSTRY ADVISORIES;
 AND
   (E) TO DELEGATE THE POWERS PROVIDED IN  THIS  SECTION  TO  SUCH  OTHER
 OFFICERS  OR  EMPLOYEES  AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTEN-
 DENT.
   2. (A) THE SUPERINTENDENT, OR ANY PERSON DESIGNATED BY THE SUPERINTEN-
 DENT FOR THE PURPOSES OF  THIS  SUBDIVISION,  MAY  ISSUE  SUBPOENAS  AND
 ADMINISTER  OATHS  IN CONNECTION WITH ANY HEARING OR INVESTIGATION UNDER
 OR PURSUANT TO THIS ARTICLE, AND IT SHALL BE THE DUTY OF THE SUPERINTEN-
 DENT AND ANY PERSONS DESIGNATED  BY  THEM  FOR  SUCH  PURPOSE  TO  ISSUE
 SUBPOENAS AT THE REQUEST OF AND UPON BEHALF OF THE RESPONDENT.
   (B)  THE  SUPERINTENDENT  AND  THOSE  DESIGNATED BY THE SUPERINTENDENT
 SHALL NOT BE BOUND BY THE LAWS OF EVIDENCE IN  THE  CONDUCT  OF  HEARING
 PROCEEDINGS,  BUT  THE DETERMINATION SHALL BE FOUNDED UPON PREPONDERANCE
 OF EVIDENCE TO SUSTAIN IT.
   (C) NOTICE AND RIGHT OF HEARING AS PROVIDED IN THE  STATE  ADMINISTRA-
 TIVE  PROCEDURE  ACT  SHALL BE SERVED AT LEAST FIFTEEN DAYS PRIOR TO THE
 DATE OF THE HEARING, PROVIDED THAT, WHENEVER BECAUSE OF  DANGER  TO  THE
 PUBLIC HEALTH, SAFETY OR WELFARE IT APPEARS PREJUDICIAL TO THE INTERESTS
 OF  THE PEOPLE OF THE STATE TO DELAY ACTION FOR FIFTEEN DAYS, THE SUPER-
 INTENDENT MAY SERVE THE  RESPONDENT  WITH  AN  ORDER  REQUIRING  CERTAIN
 ACTION  OR  THE  CESSATION OF CERTAIN ACTIVITIES IMMEDIATELY OR WITHIN A
 SPECIFIED PERIOD OF LESS THAN FIFTEEN DAYS.
   (D) SERVICE OF NOTICE OF HEARING OR ORDER SHALL BE  MADE  BY  PERSONAL
 SERVICE  OR  BY  REGISTERED OR CERTIFIED MAIL. WHERE SERVICE, WHETHER BY
 PERSONAL SERVICE OR BY REGISTERED OR CERTIFIED MAIL,  IS  MADE  UPON  AN
 INCOMPETENT,  PARTNERSHIP,  OR  CORPORATION,  IT  SHALL BE MADE UPON THE
 PERSON OR PERSONS DESIGNATED TO  RECEIVE  PERSONAL  SERVICE  BY  ARTICLE
 THREE OF THE CIVIL PRACTICE LAW AND RULES.
   (E)  AT  A  HEARING,  THAT TO THE GREATEST EXTENT PRACTICABLE SHALL BE
 REASONABLY NEAR THE RESPONDENT, THE RESPONDENT  MAY  APPEAR  PERSONALLY,
 SHALL HAVE THE RIGHT OF COUNSEL, AND MAY CROSS-EXAMINE WITNESSES AGAINST
 THE RESPONDENT AND PRODUCE EVIDENCE AND WITNESSES ON THEIR BEHALF.
 S. 9008--A                         75                        A. 10008--A
 
   (F)  FOLLOWING  A  HEARING,  THE  SUPERINTENDENT  MAY MAKE APPROPRIATE
 DETERMINATIONS AND ISSUE A FINAL ORDER IN ACCORDANCE THEREWITH.
   (G)  THE  SUPERINTENDENT  MAY  ADOPT,  AMEND AND REPEAL ADMINISTRATIVE
 RULES AND REGULATIONS GOVERNING  THE  PROCEDURES  TO  BE  FOLLOWED  WITH
 RESPECT  TO  HEARINGS,  SUCH  RULES TO BE CONSISTENT WITH THE POLICY AND
 PURPOSE OF THIS CHAPTER AND THE EFFECTIVE AND FAIR  ENFORCEMENT  OF  ITS
 PROVISIONS.
   (H) THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO ALL HEARINGS
 HELD PURSUANT TO THIS ARTICLE.
   § 1808. STATUTE OF LIMITATIONS. NO ADMINISTRATIVE ACTION BY THE OFFICE
 BROUGHT  PURSUANT  TO  THIS  ARTICLE  ALLEGING A VIOLATION OF ANY OF THE
 PROVISIONS OF THIS ARTICLE SHALL BE  COMMENCED  MORE  THAN  THREE  YEARS
 AFTER THE DATE ON WHICH THE VIOLATION OCCURRED.
   § 1809. ENFORCEMENT. 1. THE SUPERINTENDENT MAY, AFTER NOTICE AND HEAR-
 ING,  REQUIRE  ANY PERSON FOUND VIOLATING THE PROVISIONS OF THIS ARTICLE
 OR THE RULES OR REGULATIONS PROMULGATED HEREUNDER TO PAY TO  THE  PEOPLE
 OF THIS STATE, PENALTIES AND EXPENSES AS FOLLOWS:
   (A)  A  FINE  OR CIVIL PENALTY OF TWO HUNDRED DOLLARS FOR EACH DAY THE
 DATA BROKER FAILS TO REGISTER OR FAILS TO COMPLY WITH  THE  REGISTRATION
 REQUIREMENTS AS REQUIRED BY THIS ARTICLE;
   (B)  AN  AMOUNT EQUAL TO THE MONIES THAT WERE DUE DURING THE PERIOD IT
 FAILED TO REGISTER;
   (C) A FINE OR CIVIL PENALTY OF TWO HUNDRED DOLLARS FOR  EACH  DELETION
 REQUEST  FOR  EACH  DAY  THE  DATA BROKER FAILS TO DELETE INFORMATION AS
 REQUIRED BY SECTION EIGHTEEN HUNDRED FOUR OR  SECTION  EIGHTEEN  HUNDRED
 FIVE OF THIS ARTICLE;
   (D)  A  FINE  OR CIVIL PENALTY OF TWO HUNDRED DOLLARS FOR EACH DAY THE
 DATA BROKER FAILS TO COMPLY WITH THE WEBSITE DISCLOSURE REQUIREMENTS  AS
 SET FORTH IN SECTION EIGHTEEN HUNDRED FIVE OF THIS ARTICLE; AND
   (E)  APPROPRIATE  EXPENSES INCURRED BY THE OFFICE IN THE INVESTIGATION
 AND ADMINISTRATION OF THE ACTION; OR IN THE CASE OF AN ACTION  COMMENCED
 BY  THE  ATTORNEY GENERAL, ANY EXPENSES INCURRED BY THE OFFICE, THAT ARE
 DEEMED APPROPRIATE BY THE COURT.
   2.  THE SUPERINTENDENT MAY REQUEST THE ATTORNEY  GENERAL  COMMENCE  AN
 ACTION  IN A COURT OF COMPETENT JURISDICTION TO ENFORCE THE REQUIREMENTS
 OF THIS ARTICLE AND TO RECOVER THE PENALTIES AND EXPENSES SET  FORTH  IN
 PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION ONE OF THIS SECTION.
   §  1810.    ASSESSMENTS. COMPANIES OR PERSONS REQUIRED TO BE LICENSED,
 REGISTERED OR FILE WITH THE OFFICE PURSUANT TO  THIS  ARTICLE  SHALL  BE
 ASSESSED  IN  PRO  RATA SHARES BY THE DEPARTMENT TO DEFRAY THE OPERATING
 EXPENSES, INCLUDING ALL DIRECT AND INDIRECT COSTS, OF ADMINISTERING  THE
 OBLIGATIONS IMPOSED BY THIS ARTICLE.
   § 1811. EXEMPTIONS. THIS ARTICLE SHALL NOT APPLY TO ANY OF THE FOLLOW-
 ING:
   1.  PROTECTED HEALTH INFORMATION THAT IS COLLECTED BY A COVERED ENTITY
 OR BUSINESS ASSOCIATE GOVERNED BY  THE  PRIVACY,  SECURITY,  AND  BREACH
 NOTIFICATION  RULES ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, PARTS 160 AND 164 OF TITLE 45 OF  THE  CODE  OF  FEDERAL
 REGULATIONS, ESTABLISHED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTA-
 BILITY  AND  ACCOUNTABILITY  ACT  OF  1996  (PUBLIC LAW 104-191) AND THE
 FEDERAL HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND  CLINICAL  HEALTH
 ACT, TITLE XIII OF THE FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT OF
 2009 (PUBLIC LAW 111-5).
   2.  A  COVERED  ENTITY  GOVERNED  BY THE PRIVACY, SECURITY, AND BREACH
 NOTIFICATION RULES ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH  AND
 HUMAN  SERVICES,  PARTS  160  AND 164 OF TITLE 45 OF THE CODE OF FEDERAL
 S. 9008--A                         76                        A. 10008--A
 
 REGULATIONS, ESTABLISHED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTA-
 BILITY AND ACCOUNTABILITY ACT OF  1996  (PUBLIC  LAW  104-191),  TO  THE
 EXTENT  THE  COVERED  ENTITY  MAINTAINS,  USES,  AND DISCLOSES PROTECTED
 HEALTH INFORMATION AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   3.  A  BUSINESS ASSOCIATE OF A COVERED ENTITY GOVERNED BY THE PRIVACY,
 SECURITY, AND DATA BREACH NOTIFICATION RULES ISSUED BY THE UNITED STATES
 DEPARTMENT OF HEALTH AND HUMAN SERVICES, PARTS 160 AND 164 OF  TITLE  45
 OF  THE CODE OF FEDERAL REGULATIONS, ESTABLISHED PURSUANT TO THE FEDERAL
 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (PUBLIC  LAW
 104-191)  AND THE FEDERAL HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND
 CLINICAL HEALTH ACT, TITLE XIII OF THE  FEDERAL  AMERICAN  RECOVERY  AND
 REINVESTMENT  ACT  OF  2009  (PUBLIC LAW 111-5), TO THE EXTENT THAT SUCH
 BUSINESS ASSOCIATE  MAINTAINS,  USES,  AND  DISCLOSES  PROTECTED  HEALTH
 INFORMATION AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   4. INFORMATION THAT MEETS BOTH OF THE FOLLOWING CONDITIONS:
   (A) IT IS DEIDENTIFIED IN ACCORDANCE WITH THE REQUIREMENTS FOR DEIDEN-
 TIFICATION  SET  FORTH IN SECTION 164.514 OF PART 164 OF TITLE 45 OF THE
 CODE OF FEDERAL REGULATIONS; AND
   (B) IT  IS  DERIVED  FROM  PATIENT  INFORMATION  THAT  WAS  ORIGINALLY
 COLLECTED, CREATED, TRANSMITTED, OR MAINTAINED BY AN ENTITY REGULATED BY
 THE  HEALTH  INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OR THE FEDERAL
 POLICY FOR THE PROTECTION OF HUMAN SUBJECTS, ALSO KNOWN  AS  THE  COMMON
 RULE.
   5.  INFORMATION  THAT MET THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS
 SECTION BUT IS SUBSEQUENTLY REIDENTIFIED SHALL NO LONGER BE ELIGIBLE FOR
 THE EXEMPTION IN THIS SECTION, AND SHALL BE SUBJECT TO APPLICABLE FEDER-
 AL AND STATE DATA PRIVACY AND SECURITY LAWS, INCLUDING, BUT NOT  LIMITED
 TO,  THE  HEALTH  INSURANCE  PORTABILITY AND ACCOUNTABILITY ACT AND THIS
 TITLE.
   6. INFORMATION THAT IS COLLECTED, USED, OR DISCLOSED IN  RESEARCH,  AS
 DEFINED  IN  SECTION  164.501  OF  TITLE 45 OF THE CODE OF FEDERAL REGU-
 LATIONS, INCLUDING, BUT NOT LIMITED TO, A CLINICAL TRIAL,  AND  THAT  IS
 CONDUCTED  IN ACCORDANCE WITH APPLICABLE ETHICS, CONFIDENTIALITY, PRIVA-
 CY, AND SECURITY RULES OF PART 164 OF TITLE 45 OF THE  CODE  OF  FEDERAL
 REGULATIONS,  THE  FEDERAL  POLICY FOR THE PROTECTION OF HUMAN SUBJECTS,
 ALSO KNOWN AS THE COMMON RULE, GOOD CLINICAL PRACTICE GUIDELINES  ISSUED
 BY  THE  INTERNATIONAL  COUNCIL  FOR  HARMONIZATION,  OR  HUMAN  SUBJECT
 PROTECTION REQUIREMENTS OF THE UNITED  STATES  FOOD  AND  DRUG  ADMINIS-
 TRATION.
   7.    A  HEALTH INFORMATION NETWORK REGULATED UNDER 10 NYCRR PART 300,
 INCLUDING THE DEPARTMENT OF HEALTH'S DESIGNATED CONTRACTOR OR  A  QUALI-
 FIED ENTITY UNDER 10 NYCRR § 300.4.
   8.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "BUSINESS ASSOCIATE" HAS THE SAME MEANING AS DEFINED IN SECTION
   160.103 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS.
   (B) "COVERED ENTITY" HAS  THE  SAME  MEANING  AS  DEFINED  IN  SECTION
 160.103 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS.
   (C) "IDENTIFIABLE PRIVATE INFORMATION" HAS THE SAME MEANING AS DEFINED
 IN SECTION 46.102 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS.
   (D)  "INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION" HAS THE SAME MEAN-
 ING AS DEFINED IN SECTION 160.103 OF TITLE 45 OF  THE  CODE  OF  FEDERAL
 REGULATIONS.
   (E) "PROTECTED HEALTH INFORMATION" HAS THE SAME MEANING AS DEFINED IN
   SECTION 160.103 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS.
 S. 9008--A                         77                        A. 10008--A
 
   §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
 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 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 the  office  of  the  department  of  financial services tasked with the
 implementation of article 48 of the general  business  law  pursuant  to
 such  article  shall  promulgate rules and regulations to effectuate the
 provisions of this act; provided, however, that such office shall notify
 the legislative bill drafting commission  upon  the  occurrence  of  the
 promulgation  of such rules and regulations in order that the commission
 may maintain an accurate and timely effective data base of the  official
 text of the laws of the state of New York in furtherance of effectuating
 the  provisions of section 44 of the legislative law and section 70-b of
 the public officers law. Effective immediately, the addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                  PART BB
 
   Section 1. The insurance law is amended by adding a new  section  2356
 to read as follows:
   § 2356. PREMIUM INCREASE EXPLANATIONS. (A) AN INSURER SHALL INCLUDE ON
 EITHER  THE  PREMIUM  BILL  OR  THE  DECLARATIONS PAGE THE AMOUNT OF THE
 PREMIUM INCREASE FROM THE PRIOR POLICY PERIOD AND A WRITTEN  EXPLANATION
 FOR  THE  PREMIUM INCREASE, INCLUDING THE PRIMARY RATING FACTORS CAUSING
 THE INCREASE, FOR A COVERED POLICY AS DEFINED IN PARAGRAPH  ONE  AND  IN
 SUBPARAGRAPH  (A)  OF  PARAGRAPH  TWO OF SUBSECTION (A) OF SECTION THREE
 THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER, WHERE THE TOTAL POLI-
 CY PREMIUM INCREASE IS IN EXCESS OF TEN PERCENT, EXCLUSIVE OF ANY PREMI-
 UM INCREASE DUE TO INSURED VALUE ADDED.
   (B) (1) EXCEPT WHEN AN INSURER PROVIDES  AN  EXPLANATION  PURSUANT  TO
 SUBSECTION  (A)  OF  THIS  SECTION, AN INSURER SHALL INCLUDE A PROMINENT
 NOTICE ON EITHER THE PREMIUM BILL, THE DECLARATIONS PAGE,  OR  A  NOTICE
 ACCOMPANYING  THE PREMIUM BILL OR DECLARATIONS PAGE, FOR A POLICY COVER-
 ING A MOTOR VEHICLE OR A POLICY COVERING LOSS OF OR DAMAGE TO REAL PROP-
 ERTY USED  PREDOMINANTLY  FOR  RESIDENTIAL  PURPOSES,  THAT  STATES  THE
 FOLLOWING:    "POLICYHOLDERS  RECEIVING AN INCREASE TO THEIR PREMIUMS AT
 RENEWAL MAY REQUEST A WRITTEN EXPLANATION, INCLUDING THE PRIMARY  RATING
 FACTORS  CAUSING THE INCREASE, BY CONTACTING THEIR INSURERS IN WRITING."
 AN INSURER SHALL INCLUDE ITS  CONTACT  INFORMATION  WITH  THE  PROMINENT
 NOTICE.
   (2) UPON A POLICYHOLDER'S WRITTEN REQUEST AT POLICY RENEWAL, AN INSUR-
 ER  SHALL  PROVIDE  A  WRITTEN  EXPLANATION  FOR THE INCREASED PREMIUMS,
 INCLUDING THE PRIMARY RATING FACTORS CAUSING THE INCREASE, FOR A  POLICY
 COVERING  A MOTOR VEHICLE OR A POLICY COVERING LOSS OF OR DAMAGE TO REAL
 PROPERTY USED PREDOMINANTLY FOR RESIDENTIAL PURPOSES. AN  INSURER  SHALL
 PROVIDE  THE  WRITTEN  EXPLANATION  TO  THE  POLICYHOLDER, INCLUDING THE
 PRIMARY RATING FACTORS CAUSING THE INCREASE,  WITHIN  TWENTY  DAYS  FROM
 RECEIPT OF THE POLICYHOLDER'S WRITTEN REQUEST.
 S. 9008--A                         78                        A. 10008--A
 
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART CC
 
   Section  1.  The insurance law is amended by adding a new section 2354
 to read as follows:
   § 2354. HOMEOWNERS' INSURANCE BENCHMARK LOSS RATIO.  (A) BEGINNING ONE
 YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AN INSURER THAT ISSUES OR
 DELIVERS IN THIS STATE A HOMEOWNERS' INSURANCE POLICY  AND  HAD  AVERAGE
 ANNUAL  GROSS WRITTEN HOMEOWNERS' INSURANCE PREMIUMS IN THIS STATE OF AT
 LEAST TEN MILLION DOLLARS DURING THE PREVIOUS TWO CALENDAR  YEARS  SHALL
 REFILE WITH THE SUPERINTENDENT, FOR THE SUPERINTENDENT'S PRIOR APPROVAL,
 ITS  HOMEOWNERS' INSURANCE RATES IF THE INSURER HAD AN ACTUAL LOSS RATIO
 FOR EACH OF THE PREVIOUS TWO CALENDAR YEARS THAT IS BELOW THE  BENCHMARK
 LOSS  RATIO SPECIFIED BY THE SUPERINTENDENT IN A REGULATION. THE INSURER
 SHALL MAKE THE FILING WITH THE SUPERINTENDENT WITHIN  SIXTY  DAYS  AFTER
 THE INSURER FILES ITS ANNUAL STATEMENT.
   (B)  THE SUPERINTENDENT SHALL CONDUCT A STUDY TO DETERMINE A BENCHMARK
 LOSS RATIO FOR HOMEOWNERS' INSURANCE FOR THE PURPOSE OF  SUBSECTION  (A)
 OF THIS SECTION.
   (C)  FOR  THE PURPOSE OF THIS SECTION, "HOMEOWNERS' INSURANCE" MEANS A
 CONTRACT OF INSURANCE INSURING AGAINST THE  CONTINGENCIES  DESCRIBED  IN
 SUBPARAGRAPHS  (A),  (B),  AND (C) OR SUBPARAGRAPHS (B) AND (C) OF PARA-
 GRAPH TWO OF SUBSECTION (A) OF SECTION THREE THOUSAND FOUR HUNDRED TWEN-
 TY-FIVE OF THIS CHAPTER AND WHICH IS  A  "COVERED  POLICY"  OF  PERSONAL
 LINES  INSURANCE  AS  DEFINED IN SUCH PARAGRAPH; PROVIDED, HOWEVER, THAT
 THE COVERAGES PROVIDED UNDER SUBPARAGRAPHS (B) AND (C) OF PARAGRAPH  TWO
 OF  SUBSECTION (A) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF
 THIS CHAPTER SHALL NOT APPLY WHERE THE NATURAL PERSON DOES NOT  HAVE  AN
 INSURABLE  INTEREST  IN  THE REAL PROPERTY, OR A PORTION THEREOF, OR THE
 RESIDENTIAL UNIT IN WHICH SUCH PERSON RESIDES.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1.  Subsections 1 and 2 of section 2346 of the insurance  law,
 subsection  1  as  amended  by  chapter  454  of  the  laws  of 1994 and
 subsection 2 as amended by chapter 637 of the laws of 1993, are  amended
 to read as follows:
   1.  [The  superintendent  may provide for a] AN INSURER SHALL OFFER AT
 LEAST ONE DISCOUNT THAT PROVIDES AN ACTUARIALLY APPROPRIATE reduction in
 the rates of fire insurance premiums or the fire insurance component  of
 homeowners  insurance  premiums  applicable to residential real property
 FOR FIRE PREVENTION OR MITIGATION IMPROVEMENTS, SUCH AS  WHEN  THE  REAL
 PROPERTY IS equipped with smoke detecting alarm devices, approved sprin-
 kler systems, or fire extinguishers[, should a statistically valid study
 of  insurer  experience  indicate an actuarially significant decrease in
 losses in the aforementioned circumstances. The reductions provided  for
 shall  be  proportionally related to the actuarially calculable decrease
 in losses in the aforementioned circumstances].
   2. [The superintendent may provide for a] (A) AN INSURER  SHALL  OFFER
 AT LEAST ONE DISCOUNT THAT PROVIDES AN ACTUARIALLY APPROPRIATE reduction
 in  the rates of homeowners insurance premiums applicable to residential
 real property FOR EACH OF THE FOLLOWING CATEGORIES OF IMPROVEMENTS:
 S. 9008--A                         79                        A. 10008--A
 
   (1) THEFT PREVENTION OR MITIGATION IMPROVEMENTS, SUCH AS WHEN THE REAL
 PROPERTY IS equipped with dead-bolt locks[, should a statistically valid
 study of insurer experience indicate an actuarially significant decrease
 in losses attributable to the use of such a device.  The  superintendent
 shall  by regulation establish standards for dead-bolt locks for which a
 reduction may be approved. The reductions provided for shall be  propor-
 tionally  related  to  the  actuarially  calculable  decrease  in losses
 attributable to the use of such a device] OR A SECURITY SYSTEM; AND
   (2) WATER DAMAGE PREVENTION OR  MITIGATION  IMPROVEMENTS,  SUCH  AS  A
 SMART WATER MONITOR AND SHUTOFF DEVICE.
   (B)  AN  INSURER  SHALL  OFFER A DISCOUNT THAT PROVIDES AN ACTUARIALLY
 APPROPRIATE REDUCTION IN THE  RATES  OF  HOMEOWNERS  INSURANCE  PREMIUMS
 APPLICABLE  TO RESIDENTIAL REAL PROPERTY FOR THE INSTALLATION OF A NEWLY
 CONSTRUCTED ROOF OR A ROOF REPLACEMENT AND FOR  EACH  OF  THE  FOLLOWING
 WIND DAMAGE MITIGATION IMPROVEMENTS TO THE PROPERTY:
   (1)  IMPROVEMENTS  MADE  TO ROOF COVERINGS, SUCH AS TILES OR SHINGLES,
 FOR WIND-RESISTANCE;
   (2) ROOF DECK ATTACHMENTS;
   (3) SECONDARY WATER RESISTANCE, INCLUDING SEALING AND STRENGTHENING  A
 ROOF DECK, ROOF AND GABLE END VENTS OR COVERS, AND IMPROVEMENTS MADE FOR
 WATER INTRUSION RESISTANCE OF ATTIC VENTS; AND
   (4)  ROOF  TO WALL CONNECTIONS, INCLUDING TOE NAILS, CLIPS, STRAPPING,
 OR TIES.
   (C) TO BE CONSIDERED FOR ANY DISCOUNT PROVIDED FOR IN PARAGRAPH (B) OF
 THIS SUBSECTION, AN INSURABLE PROPERTY SHALL BE CERTIFIED AS CONSTRUCTED
 IN ACCORDANCE WITH ANY BUILDING CODE APPLICABLE IN  THIS  STATE  OR  NEW
 YORK  CITY,  AS  AMENDED  FROM  TIME-TO-TIME, OR SUCH OTHER STANDARDS AS
 APPROVED BY THE SUPERINTENDENT.
   § 2.  Section 2346-a of the insurance law, as added by chapter  78  of
 the laws of 1997, is amended to read as follows:
   §  2346-a.  Reduction  in  rates  of certain commercial risk insurance
 premiums for real property.  [The superintendent shall provide for]  (A)
 AN INSURER SHALL OFFER AT LEAST ONE DISCOUNT THAT PROVIDES AN ACTUARIAL-
 LY  APPROPRIATE REDUCTION IN THE RATES OF FIRE INSURANCE PREMIUMS OR THE
 FIRE INSURANCE  COMPONENT  OF  CERTAIN  COMMERCIAL  RISK  INSURANCE,  AS
 DEFINED  IN  SUBPARAGRAPH (A) OF PARAGRAPH FORTY-SEVEN OF SUBSECTION (A)
 OF SECTION ONE HUNDRED SEVEN OF THIS CHAPTER, TO  A  PURCHASER  OF  SUCH
 INSURANCE  AND  SHALL  ALSO  PROVIDE SUCH DISCOUNT TO A PUBLIC ENTITY AS
 DEFINED IN PARAGRAPH FIFTY-ONE OF SUBSECTION (A) OF SECTION ONE  HUNDRED
 SEVEN  OF  THIS  CHAPTER,  FOR  THE  LOSS  OF OR DAMAGE TO REAL PROPERTY
 EQUIPPED WITH FIRE PREVENTION OR MITIGATION IMPROVEMENTS, SUCH  AS  WHEN
 THE  REAL  PROPERTY  IS  EQUIPPED  WITH  SMOKE  DETECTING ALARM DEVICES,
 APPROVED SPRINKLER SYSTEMS, OR FIRE EXTINGUISHERS.
   (B) AN INSURER SHALL OFFER AT LEAST  ONE  DISCOUNT  THAT  PROVIDES  AN
 ACTUARIALLY  APPROPRIATE  REDUCTION IN THE RATES OF PREMIUMS FOR CERTAIN
 COMMERCIAL RISK INSURANCE, AS DEFINED IN SUBPARAGRAPH (A)  OF  PARAGRAPH
 FORTY-SEVEN OF SUBSECTION (A) OF SECTION ONE HUNDRED SEVEN OF THIS CHAP-
 TER,  TO  A  PURCHASER  OF  SUCH  INSURANCE  AND SHALL ALSO PROVIDE SUCH
 REDUCTION TO A PUBLIC  ENTITY  AS  DEFINED  IN  PARAGRAPH  FIFTY-ONE  OF
 SUBSECTION  (A) OF SECTION ONE HUNDRED SEVEN OF THIS CHAPTER FOR LOSS OF
 OR DAMAGE TO REAL PROPERTY FOR  EACH  OF  THE  FOLLOWING  CATEGORIES  OF
 IMPROVEMENTS:
   (1) THEFT PREVENTION OR MITIGATION IMPROVEMENTS, SUCH AS WHEN THE REAL
 PROPERTY IS EQUIPPED WITH DEAD-BOLT LOCKS OR A SECURITY SYSTEM; AND
   (2)  WATER  DAMAGE  PREVENTION  OR  MITIGATION IMPROVEMENTS, SUCH AS A
 SMART WATER MONITOR AND SHUTOFF DEVICE.
 S. 9008--A                         80                        A. 10008--A
 
   (C) AN INSURER SHALL OFFER A DISCOUNT  THAT  PROVIDES  AN  ACTUARIALLY
 APPROPRIATE  REDUCTION  IN  THE RATES OF PREMIUMS FOR CERTAIN COMMERCIAL
 RISK INSURANCE, AS DEFINED IN SUBPARAGRAPH (A) OF PARAGRAPH  FORTY-SEVEN
 OF  SUBSECTION  (A)  OF  SECTION ONE HUNDRED SEVEN OF THIS CHAPTER, TO A
 PURCHASER  OF  SUCH INSURANCE AND SHALL ALSO PROVIDE SUCH REDUCTION TO A
 PUBLIC ENTITY AS DEFINED IN PARAGRAPH FIFTY-ONE  OF  SUBSECTION  (A)  OF
 SECTION  ONE  HUNDRED SEVEN OF THIS CHAPTER FOR THE LOSS OF OR DAMAGE TO
 REAL PROPERTY FOR THE INSTALLATION OF A NEWLY CONSTRUCTED ROOF OR A ROOF
 REPLACEMENT AND  FOR  EACH  OF  THE  FOLLOWING  WIND  DAMAGE  MITIGATION
 IMPROVEMENTS TO THE PROPERTY:
   (1)  IMPROVEMENTS  MADE  TO ROOF COVERINGS, SUCH AS TILES OR SHINGLES,
 FOR WIND-RESISTANCE;
   (2) ROOF DECK ATTACHMENTS;
   (3) SECONDARY WATER RESISTANCE, INCLUDING SEALING AND STRENGTHENING  A
 ROOF DECK, ROOF AND GABLE END VENTS OR COVERS, AND IMPROVEMENTS MADE FOR
 WATER INTRUSION RESISTANCE OF ATTIC VENTS; AND
   (4)  ROOF  TO WALL CONNECTIONS, INCLUDING TOE NAILS, CLIPS, STRAPPING,
 OR TIES.
   (D) TO BE CONSIDERED FOR ANY DISCOUNT PROVIDED FOR IN  SUBSECTION  (C)
 OF THIS SECTION, AN INSURABLE PROPERTY SHALL BE CERTIFIED AS CONSTRUCTED
 IN  ACCORDANCE  WITH  ANY  BUILDING CODE APPLICABLE IN THIS STATE OR NEW
 YORK CITY, AS AMENDED FROM TIME-TO-TIME,  OR  SUCH  OTHER  STANDARDS  AS
 APPROVED BY THE SUPERINTENDENT.
   (E)  AN  INSURER  SHALL  OFFER A DISCOUNT THAT PROVIDES an actuarially
 appropriate reduction in the rates of premiums  for  certain  commercial
 risk  insurance, as defined in subparagraph (A) of paragraph forty-seven
 of subsection (a) of section one hundred seven of  this  chapter,  to  a
 purchaser  of  such insurance and shall also provide such reduction to a
 public entity as defined in paragraph fifty-one  of  subsection  (a)  of
 section  one  hundred seven of this chapter for the loss of or damage to
 real property fitted or retrofitted with hurricane  resistant  laminated
 glass  windows  or doors.  The superintendent shall by regulation estab-
 lish standards for  hurricane  resistant  laminated  glass  windows  and
 doors, including the safe and secure installation thereof.
   §  3.    The  insurance law is amended by adding a new section 2354 to
 read as follows:
   § 2354. DISCLOSURE AND REPORTING OF DISCOUNTS.  (A)  AN  INSURER  THAT
 ISSUES OR DELIVERS IN THIS STATE A POLICY THAT INSURES LOSS OF OR DAMAGE
 TO  REAL  PROPERTY  SHALL SPECIFY THE NATURE AND THE TOTAL DOLLAR AMOUNT
 REDUCTION OF EACH DISCOUNT APPLIED TO THE  POLICY  ON  THE  DECLARATIONS
 PAGE  AND  SPECIFY  THE NATURE AND PERCENTAGE OF ALL AVAILABLE DISCOUNTS
 THAT THE INSURER OFFERS ON THE POLICY IN A CONSPICUOUS  NOTICE  ENTITLED
 "DISCOUNT INFORMATION" INCLUDED WITH THE POLICY.
   (B)  AN  INSURER  SHALL REPORT THE FOLLOWING INFORMATION TO THE SUPER-
 INTENDENT, IN A FORM PRESCRIBED BY THE SUPERINTENDENT, BY APRIL FIRST OF
 EACH YEAR:  (1) A LIST OF ALL DISCOUNTS OFFERED TO INSUREDS  DURING  THE
 PRECEDING  CALENDAR  YEAR, INCLUDING THE NATURE OF THE DISCOUNTS AND THE
 DISCOUNT AMOUNTS; AND (2) THE  NUMBER  OF  INSUREDS  WHO  RECEIVED  EACH
 DISCOUNT  DURING  THE PRECEDING CALENDAR YEAR AND THE ZIP CODES IN WHICH
 THE INSURED PROPERTIES ARE LOCATED.
   § 4.   This act shall  take  effect  immediately;  provided,  however,
 sections  one  and  two  of this act shall take effect one year after it
 shall have become a law; and provided  further,  however,  that  section
 three  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
 S. 9008--A                         81                        A. 10008--A
 
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                  PART EE
 
   Section  1.  Subsection  (d)  of section 5102 of the insurance law, as
 amended by chapter 955 of the laws  of  1984,  is  amended  to  read  as
 follows:
   (d) "Serious  injury"  means a personal injury which results in death;
 dismemberment; significant disfigurement; a fracture; loss of  a  fetus;
 permanent  loss  of  use  of  a  body organ, member, function or system;
 permanent consequential limitation of use of a body organ or member;  OR
 significant  limitation  of  use  of  a  body  function or system[; or a
 medically determined injury or  impairment  of  a  non-permanent  nature
 which  prevents  the injured person from performing substantially all of
 the material acts which constitute such  person's  usual  and  customary
 daily  activities  for  not less than ninety days during the one hundred
 eighty days immediately  following  the  occurrence  of  the  injury  or
 impairment].
   §  2.  Subsection (a) of section 5104 of the insurance law is amended,
 and a new subsection (d) is added to read as follows:
   (a) Notwithstanding any other law, in any action by or on behalf of  a
 covered  person  against  another  covered  person for personal injuries
 arising out of negligence in the use or operation of a motor vehicle  in
 this  state,  there shall be no right of recovery for non-economic loss,
 except in the case of a serious injury, or for basic economic loss.  The
 owner,  operator  or  occupant  of  a motorcycle which has in effect the
 financial security required by article six or eight of the  vehicle  and
 traffic law, or which is referred to in subdivision two of section three
 hundred  twenty-one of such law, shall not be subject to an action by or
 on behalf of a covered person for recovery for non-economic loss, except
 in the case of a serious injury, or for basic economic loss.  NO LIABIL-
 ITY FOR NON-ECONOMIC LOSS SHALL BE FIXED UNLESS AND UNTIL THE  TRIER  OF
 FACT  HAS DETERMINED THE EXISTENCE OF A SERIOUS INJURY. IN ANY ACTION TO
 RECOVER NON-ECONOMIC LOSS PURSUANT TO THIS ARTICLE, THE  TRIER  OF  FACT
 SHALL NOT DETERMINE THE QUESTION OF WHETHER AN INJURY IS A SERIOUS INJU-
 RY UNTIL THE TRIER OF FACT HAS DETERMINED THE PARTY OR PARTIES AT FAULT.
   (D)  NOTWITHSTANDING  THE  FOREGOING,  AND OTHER THAN IN AN ACTION FOR
 DAMAGES FOR INJURIES RESULTING IN DEATH, RECOVERY FOR NON-ECONOMIC  LOSS
 SHALL  BE LIMITED TO ONE HUNDRED THOUSAND DOLLARS IN THE CASE OF A SERI-
 OUS INJURY IN ANY ACTION BY OR ON BEHALF OF A COVERED PERSON  (1)  USING
 OR  OPERATING AN UNINSURED MOTOR VEHICLE, (2) USING OR OPERATING A MOTOR
 VEHICLE WHILE IMPAIRED AT THE TIME OF  THE  ACCIDENT  AND  CONVICTED  OF
 SUCH,  OR  (3) USING OR OPERATING A MOTOR VEHICLE IN THE COMMISSION OF A
 FELONY, OR IMMEDIATE FLIGHT THEREFROM, AT THE TIME OF THE  ACCIDENT  AND
 HAS BEEN CONVICTED OF SUCH FELONY.
   §  3.  Section  1411  of the civil practice law and rules, as added by
 chapter 69 of the laws of 1975, is amended to read as follows:
   § 1411. Damages recoverable when contributory negligence or assumption
 of risk is established. [In] (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF
 THIS SECTION, IN any action to  recover  damages  for  personal  injury,
 injury to property, or wrongful death, the culpable conduct attributable
 to the claimant or to the decedent, including contributory negligence or
 assumption  of  risk,  shall  not bar recovery[, but the]. THE amount of
 damages otherwise recoverable shall  be  diminished  in  the  proportion
 S. 9008--A                         82                        A. 10008--A
 
 which  the  culpable  conduct  attributable  to the claimant or decedent
 bears to the culpable conduct which caused the damages.
   (B)  IN  ANY  ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY SUBJECT TO
 ARTICLE FIFTY-ONE OF THE INSURANCE LAW, THE CULPABLE  CONDUCT  ATTRIBUT-
 ABLE  TO THE CLAIMANT SHALL BAR RECOVERY IF THE CULPABLE CONDUCT ATTRIB-
 UTABLE TO THE CLAIMANT IS GREATER  THAN  THE  CULPABLE  CONDUCT  OF  THE
 PERSON  AGAINST  WHOM RECOVERY IS SOUGHT OR IS GREATER THAN THE COMBINED
 CULPABLE CONDUCT OF THE PERSONS AGAINST WHOM RECOVERY IS SOUGHT.
   § 4. Subdivision 6 of section 1602 of the civil practice law and rules
 is REPEALED.
   § 5. This act shall take effect immediately and shall be applicable to
 all actions and proceedings commenced on or after such date.
 
                                  PART FF
 
   Section 1. Subsection (a) of section 405  of  the  insurance  law,  as
 amended  by  section  7  of part A of chapter 62 of the laws of 2011, is
 amended to read as follows:
   (a) Any person licensed or registered pursuant to  the  provisions  of
 this  chapter,  and  any  person engaged in the business of insurance or
 life settlement in this state who is exempted from compliance  with  the
 licensing  requirements  of  this chapter, including the state insurance
 fund of this state, who has reason to believe that an  insurance  trans-
 action or life settlement act may be fraudulent, or has knowledge that a
 fraudulent  insurance  transaction  or fraudulent life settlement act is
 about to take place, or has taken place  shall,  within  [thirty]  SIXTY
 days  after determination by such person that the transaction appears to
 be fraudulent, send to the superintendent on a form  prescribed  by  the
 superintendent,  the  information  requested  by the form and such addi-
 tional information relative to the factual circumstances of  the  trans-
 action  and  the parties involved as the superintendent may require. The
 superintendent shall accept reports of  suspected  fraudulent  insurance
 transactions  or  fraudulent life settlement acts from any self insurer,
 including but not limited to self insurers  providing  health  insurance
 coverage  or those defined in section fifty of the workers' compensation
 law, and shall treat such reports as any other received pursuant to this
 section.
   § 2. Subsection (a) of section 5106 of the insurance law is amended to
 read as follows:
   (a) Payments of first party benefits and additional first party  bene-
 fits  shall  be made as the loss is incurred.  Such benefits are overdue
 if not paid within thirty days after the claimant supplies proof of  the
 fact  and  amount  of loss sustained. If proof is not supplied as to the
 entire claim, the amount which is supported by proof is overdue  if  not
 paid  within thirty days after such proof is supplied. THE FAILURE OF AN
 INSURER TO MAKE TIMELY PAYMENT OR ISSUE  A  DENIAL  WITHIN  THIRTY  DAYS
 AFTER  PROOF  OF  CLAIM  HAS  BEEN  SUBMITTED  TO  THE INSURER SHALL NOT
 PRECLUDE THE INSURER FROM ISSUING A DENIAL OR ASSERTING A DEFENSE  AFTER
 THE  THIRTY-DAY  PERIOD  HAS  ELAPSED.  All  overdue payments shall bear
 interest at the rate of two percent per  month.  If  a  valid  claim  or
 portion  was  overdue,  the  claimant  shall also be entitled to recover
 [his] THE CLAIMANT'S attorney's reasonable fee, for services necessarily
 performed in connection with securing  payment  of  the  overdue  claim,
 subject to limitations promulgated by the superintendent in regulations.
   §  3.  This  act  shall  take effect immediately and the amendments to
 subsection (a) of section 5106 of the insurance law made by section  two
 S. 9008--A                         83                        A. 10008--A
 
 of  this  act  shall apply to claims submitted to an insurer on or after
 such effective date.
 
                                  PART GG
 
   Section 1. The insurance law is amended by adding a new section 346 to
 read as follows:
   §  346.  ANNUAL  REPORT  ON  INSURANCE  FOR MULTI-FAMILY BUILDINGS. AN
 AUTHORIZED INSURER THAT ISSUES OR DELIVERS IN THIS STATE A  POLICY  THAT
 INSURES  LOSS OF OR DAMAGE TO REAL PROPERTY USED PREDOMINANTLY FOR RESI-
 DENTIAL PURPOSES AND THAT CONSISTS OF TWO OR MORE DWELLING UNITS,  OTHER
 THAN  HOTELS  AND MOTELS, SHALL FILE A REPORT WITH THE SUPERINTENDENT BY
 MARCH FIRST OF EACH YEAR, IN A FORM PRESCRIBED  BY  THE  SUPERINTENDENT,
 THAT  INCLUDES  INFORMATION  ON SUCH POLICIES FOR THE PRECEDING CALENDAR
 YEAR, INCLUDING PREMIUMS COLLECTED, CLAIMS PAID, AND SUCH OTHER INFORMA-
 TION AS THE SUPERINTENDENT SHALL DEEM NECESSARY,  IN  CONSULTATION  WITH
 THE  COMMISSIONER  OF  HOUSING AND COMMUNITY RENEWAL. THE SUPERINTENDENT
 SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE THE REPORTS REQUIRED  BY  THIS
 SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART HH
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to pre-authorization, access to specialty care, and formulary lists.
 Each component is  wholly  contained  within  a  Subpart  identified  as
 Subparts  A through D.  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 two of this Part
 sets forth the general effective date of this Part.
 
                                 SUBPART A
 
   Section 1. Section 210 of the insurance law, as amended by chapter 579
 of the laws of 1998, subsection (d) as amended by  chapter  207  of  the
 laws of 2019, is amended to read as follows:
   §  210.  Annual consumer guide of health insurers, and entities certi-
 fied pursuant to article forty-four of the public health law.
   (a) The superintendent shall annually publish on or  before  September
 first, nineteen hundred ninety-nine, and annually thereafter, a consumer
 guide  to  insurers providing managed care products, individual accident
 and health insurance or group or blanket accident and  health  insurance
 and  entities  licensed  pursuant  to  article  forty-four of the public
 health law providing comprehensive health service plans which  includes,
 in  detail, a ranking from best to worst based upon each company's claim
 processing or medical payments record during the preceding calendar year
 using criteria available to  the  department,  adjusted  for  volume  of
 coverage  provided.  Such ranking shall also take into consideration the
 corresponding total number or percentage of  claims  denied  which  were
 reversed  or  compromised  after  intervention by the department and the
 department of health, consumer complaints  to  the  department  and  the
 department  of  health, violations of section three thousand two hundred
 S. 9008--A                         84                        A. 10008--A
 
 twenty-four-a of this chapter  and  other  pertinent  data  which  would
 permit  the department to objectively determine a company's performance.
 The department in publishing  such  consumer  guide  shall  publish  one
 state-wide  guide  or no more than five regional guides so as to facili-
 tate comparisons among individual insurers and entities within a service
 market area. Such rankings shall be printed in a format which ranks  all
 health  insurers  and  all entities certified pursuant to article forty-
 four of the public health law in one combined list.
   (b) [Beginning September first, nineteen hundred ninety-nine and annu-
 ally thereafter, the] THE superintendent shall  include  in  such  guide
 ANNUALLY,  and  insurers  and  entities  certified  pursuant  to article
 forty-four of the public health law shall provide to the  superintendent
 the information required for such guide in a timely fashion, the follow-
 ing information:
   (1)  The  number  of  grievances  filed pursuant to section forty-four
 hundred eight-a of the public health law,  SECTION  THREE  THOUSAND  TWO
 HUNDRED SEVENTEEN-D OF THIS CHAPTER, SECTION FOUR THOUSAND THREE HUNDRED
 SIX-C  OF  THIS  CHAPTER, or article forty-eight of this chapter and the
 number of such grievances in  which  an  adverse  determination  of  the
 insurer  or entity was reversed in whole or in part versus the number of
 such determinations which were upheld; [and]
   (2) BEGINNING SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN,  THE  NUMBER
 OF  APPROVALS  AND THE NUMBER OF ADVERSE DETERMINATIONS IN WHOLE OR PART
 ISSUED BY UTILIZATION  REVIEW  AGENTS  PURSUANT  TO  SECTION  FORTY-NINE
 HUNDRED  THREE  OF  THE  PUBLIC HEALTH LAW OR SECTION FOUR THOUSAND NINE
 HUNDRED THREE OF THIS CHAPTER; AND
   (3) The number of appeals to utilization review determinations [which]
 THAT were filed pursuant to [article forty-nine of the public health law
 or article forty-nine] SECTION FORTY-NINE HUNDRED  FOUR  OF  THE  PUBLIC
 HEALTH  LAW  AND SECTION FOUR THOUSAND NINE HUNDRED FOUR of this chapter
 and the number of such determinations  [which]  THAT  were  reversed  IN
 WHOLE  OR  IN PART versus the number of such determinations [which] THAT
 were upheld.
   (c) Beginning September first, nineteen hundred ninety-nine and  annu-
 ally  thereafter, in addition to the information required in subsections
 (a) and (b) of this section, the superintendent, in conjunction with the
 commissioner of health, in consultation with the National  Committee  on
 Quality  Assurance  or a similar national organization, shall include in
 such guide the following additional information,  for  the  most  recent
 year  in  which  such information is available and where applicable, for
 health insurers, health insurers providing  managed  care  products  and
 entities  certified  under  article  forty-four of the public health law
 providing comprehensive health service plans pursuant to such article:
   (1) the percentage of physicians who are  either  board  certified  or
 board eligible;
   (2) the percentage of primary care physicians who remained participat-
 ing  providers,  provided  however,  that  such percentage shall exclude
 voluntary terminations due to physician retirement, relocation or  other
 similar reasons;
   (3)  the  percentage of enrollees aged twenty-three to thirty-nine and
 forty to sixty-four who had one or more visits to a health plan  practi-
 tioner during the three years of their continual enrollment.
   (4)  the  methods used to compensate primary care physicians and other
 providers, provided however, that  nothing  in  this  section  shall  be
 construed to require disclosure of the specific details of any financial
 S. 9008--A                         85                        A. 10008--A
 
 arrangement  between the insurer or entity and an individual provider or
 practice;
   (5)  the national accreditation status of insurers and entities, where
 applicable;
   (6) indices of the quality of care provided,  such  as  the  rates  of
 mammography,  prostate,  and  cervical  cancer screening, prenatal care,
 well-child care, immunization and such other  information  collected  by
 the  commissioner  of  health  through the health plan employer data and
 information set (HEDIS); or  through  the  quality  assurance  reporting
 requirements  for  entities not otherwise required to collect and report
 health plan employer data and information set (HEDIS) data;
   (7) the results of a consumer satisfaction survey among  enrollees  of
 the  various  health  insurers and entities, which shall be conducted by
 the superintendent and commissioner of health, in consultation with  the
 National  Committee on Quality Assurance or a similar national organiza-
 tion;
   (8) a toll-free telephone number for each health insurer or plan;
   (9) toll-free telephone numbers at the department and  the  department
 of health to which consumers can make complaints about insurers or enti-
 ties; and
   (10)  except as required in paragraph seven of this subsection, health
 insurers and entities certified pursuant to article  forty-four  of  the
 public  health  law  shall  report  the  information required under this
 subdivision to the commissioner of health, and  the  commissioner  shall
 provide  such  information  to  the  superintendent for inclusion in the
 annual consumer guide.
   (d) BEGINNING SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN AND  ANNUALLY
 THEREAFTER,  IN ADDITION TO THE INFORMATION REQUIRED IN SUBSECTIONS (A),
 (B), AND (C) OF THIS SECTION, THE SUPERINTENDENT SHALL INCLUDE  IN  SUCH
 GUIDE,  AND  INSURERS  AND ENTITIES CERTIFIED PURSUANT TO ARTICLE FORTY-
 FOUR OF THE PUBLIC HEALTH LAW SHALL PROVIDE TO THE SUPERINTENDENT, IN  A
 FORM  AND  MANNER  SPECIFIED  BY  THE  SUPERINTENDENT,  THE  INFORMATION
 REQUIRED FOR SUCH GUIDE IN A TIMELY FASHION, THE  FOLLOWING  INFORMATION
 REGARDING  PRE-AUTHORIZATION  REQUESTS  UNDER  ARTICLE FORTY-NINE OF THE
 PUBLIC HEALTH LAW OR ARTICLE FORTY-NINE OF THIS CHAPTER:
   (1) THE NUMBER OF PRE-AUTHORIZATION REQUESTS  RECEIVED  UNDER  SECTION
 FORTY-NINE HUNDRED THREE OF THE PUBLIC HEALTH LAW AND SECTION FOUR THOU-
 SAND NINE HUNDRED THREE OF THIS CHAPTER;
   (2)  THE  NUMBER  OF  PRE-AUTHORIZATION REQUESTS FOR WHICH AN AUTHORI-
 ZATION WAS ISSUED UNDER SECTION FORTY-NINE HUNDRED THREE OF  THE  PUBLIC
 HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
   (3)  THE  NUMBER  OF  PRE-AUTHORIZATION  REQUESTS FOR WHICH AN ADVERSE
 DETERMINATION WAS ISSUED IN  WHOLE  OR  PART  UNDER  SECTION  FORTY-NINE
 HUNDRED  THREE  OF  THE PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE
 HUNDRED THREE OF THIS CHAPTER;
   (4) THE NUMBER OF PRE-AUTHORIZATION  REQUESTS  FOR  WHICH  AN  ADVERSE
 DETERMINATION  WAS APPEALED UNDER SECTION FORTY-NINE HUNDRED FOUR OF THE
 PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED  FOUR  OF  THIS
 CHAPTER;
   (5)  THE  NUMBER  OF  PRE-AUTHORIZATION  REQUESTS FOR WHICH AN ADVERSE
 DETERMINATION WAS REVERSED ON APPEAL IN  WHOLE  OR  PART  UNDER  SECTION
 FORTY-NINE  HUNDRED FOUR OF THE PUBLIC HEALTH LAW AND SECTION FOUR THOU-
 SAND NINE HUNDRED FOUR OF THIS CHAPTER;
   (6) THE NUMBER OF PRE-AUTHORIZATION  REQUESTS  FOR  WHICH  AN  ADVERSE
 DETERMINATION  WAS  UPHELD  UNDER SECTION FORTY-NINE HUNDRED FOUR OF THE
 S. 9008--A                         86                        A. 10008--A
 
 PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED  FOUR  OF  THIS
 CHAPTER;
   (7)  THE  TWENTY-FIVE  CURRENT  PROCEDURAL  TERMINOLOGY CODES WITH THE
 HIGHEST NUMBER OF  PRE-AUTHORIZATION  REQUESTS  AND  THE  PERCENTAGE  OF
 AUTHORIZATIONS  FOR  EACH  OF THESE CURRENT PROCEDURAL TERMINOLOGY CODES
 UNDER SECTION FORTY-NINE HUNDRED THREE OF  THE  PUBLIC  HEALTH  LAW  AND
 SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
   (8)  THE  TWENTY-FIVE  CURRENT  PROCEDURAL  TERMINOLOGY CODES WITH THE
 HIGHEST NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN  AUTHORIZATION
 WAS  ISSUED  UNDER SECTION FORTY-NINE HUNDRED THREE OF THE PUBLIC HEALTH
 LAW AND SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
   (9) THE TWENTY-FIVE CURRENT  PROCEDURAL  TERMINOLOGY  CODES  WITH  THE
 HIGHEST  NUMBER  OF  PRE-AUTHORIZATION REQUESTS UNDER SECTION FORTY-NINE
 HUNDRED THREE OF THE PUBLIC HEALTH LAW AND SECTION  FOUR  THOUSAND  NINE
 HUNDRED  THREE  OF  THIS  CHAPTER FOR WHICH AN ADVERSE DETERMINATION WAS
 ISSUED IN WHOLE OR PART BUT THAT WAS REVERSED BY AN APPEAL, IN WHOLE  OR
 PART, UNDER SECTION FORTY-NINE HUNDRED FOUR OF THE PUBLIC HEALTH LAW AND
 SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER; AND
   (10)  THE  TWENTY-FIVE  CURRENT  PROCEDURAL TERMINOLOGY CODES WITH THE
 HIGHEST NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN ADVERSE DETER-
 MINATION WAS ISSUED IN WHOLE OR PART UNDER  SECTION  FORTY-NINE  HUNDRED
 THREE  OF  THE  PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED
 THREE OF THIS CHAPTER.
   (E) Health insurers and entities certified pursuant to article  forty-
 four  of the public health law shall provide annually to the superinten-
 dent and the commissioner of health,  and  the  commissioner  of  health
 shall  provide to the superintendent BY MARCH FIRST OF EACH YEAR, all of
 the information necessary for the superintendent to produce  the  annual
 consumer  guide.   In compiling the guide, the superintendent shall make
 every effort to ensure that the information is  presented  in  a  clear,
 understandable  fashion [which] THAT facilitates comparisons among indi-
 vidual insurers and entities, and in a format [which] THAT lends  itself
 to  the  widest  possible  distribution to consumers. The superintendent
 shall either include the information from the annual consumer  guide  in
 the  consumer  shopping guide required by subsection (a) of section four
 thousand three hundred twenty-three of this chapter or combine  the  two
 guides  as  long as consumers in the individual market are provided with
 the information required by subsection  (a)  of  section  four  thousand
 three hundred twenty-three of this chapter.
   [(e)]  (F) The superintendent shall contract with a national organiza-
 tion for the purposes of drafting and designing the guide, including the
 preparation of relevant explanatory material.  Such  organization  shall
 have  actual  experience  in  preparing a similar guide for at least one
 other state. The superintendent, in consultation with  the  commissioner
 of  health, may also contract with one or more national organizations to
 assist such commissioner in the collection of data and the analysis  and
 auditing  of  the  clinical  measurers. Such organizations shall consult
 periodically with associations representing health insurers  and  health
 maintenance  organizations  as  well as with consumer representatives in
 New York in preparing the consumer guide.
   § 2.  This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Subsection (f) of section 4804 of  the  insurance  law,  as
 added by chapter 705 of the laws of 1996, is amended to read as follows:
 S. 9008--A                         87                        A. 10008--A
 
   (f) If a new insured whose health care provider is not a member of the
 insurer's in-network benefits portion of the provider network enrolls in
 the  managed  care  product,  the  insurer  shall  permit the insured to
 continue an ongoing course  of  treatment  with  the  insured's  current
 health care provider during a transitional period of up to [sixty] NINE-
 TY days from the effective date of enrollment[, if (1) the insured has a
 life-threatening  disease  or  condition or a degenerative and disabling
 disease or condition or (2)]. IF the insured  [has  entered  the  second
 trimester of pregnancy] IS PREGNANT at the time of enrollment, [in which
 case]  the transitional period shall include the provision of [post-par-
 tum] CARE FOR THE DURATION OF THE PREGNANCY AND POSTPARTUM care directly
 related to the delivery. If an insured elects  to  continue  to  receive
 care  from  such  health  care provider pursuant to this paragraph, such
 care shall be authorized by the insurer for the transitional period only
 if the health care provider agrees: (A) to accept reimbursement from the
 insurer at rates established by the insurer as payment  in  full,  which
 rates  shall  be  no  more than the level of reimbursement applicable to
 similar providers within the in-network benefits portion of  the  insur-
 er's  network  for such services; (B) to adhere to the insurer's quality
 assurance requirements and agrees to provide to  the  insurer  necessary
 medical information related to such care; and (C) to otherwise adhere to
 the  insurer's  policies  and  procedures including, but not limited to,
 procedures regarding referrals and  obtaining  pre-authorization  and  a
 treatment  plan  approved  by  the  insurer.  In  no  event  shall  this
 subsection be construed to require an insurer to  provide  coverage  for
 benefits  not  otherwise  covered  or to diminish or impair pre-existing
 condition limitations contained within the insured's contract.
   § 2. Paragraph (f) of subdivision 6 of  section  4403  of  the  public
 health  law,  as added by chapter 705 of the laws of 1996, is amended to
 read as follows:
   (f) If a new enrollee whose health care provider is not  a  member  of
 the  health  maintenance  organization's provider network enrolls in the
 health maintenance  organization,  the  organization  shall  permit  the
 enrollee  to continue an ongoing course of treatment with the enrollee's
 current health care provider during  a  transitional  period  of  up  to
 [sixty]  NINETY  days from the effective date of enrollment[, if (i) the
 enrollee has a life-threatening disease or condition or  a  degenerative
 and  disabling  disease  or  condition  or  (ii)].  IF the enrollee [has
 entered the second trimester of pregnancy] IS PREGNANT at the  effective
 date  of  enrollment,  [in  which  case]  the  transitional period shall
 include the provision of [post-partum] CARE  FOR  THE  DURATION  OF  THE
 PREGNANCY  AND  POSTPARTUM  care directly related to the delivery. If an
 enrollee elects to continue  to  receive  care  from  such  health  care
 provider  pursuant  to  this paragraph, such care shall be authorized by
 the health maintenance organization for the transitional period only  if
 the  health  care  provider agrees: (A) to accept reimbursement from the
 health maintenance organization at rates established by the health main-
 tenance organization as payment in full, which rates shall  be  no  more
 than  the  level of reimbursement applicable to similar providers within
 the health maintenance organization's network for such services; (B)  to
 adhere  to  the organization's quality assurance requirements and agrees
 to provide to the organization necessary medical information related  to
 such  care;  and  (C) to otherwise adhere to the organization's policies
 and procedures including,  but  not  limited  to,  procedures  regarding
 referrals  and obtaining pre-authorization and a treatment plan approved
 by the organization. In no event shall this paragraph  be  construed  to
 S. 9008--A                         88                        A. 10008--A
 
 require  a health maintenance organization to provide coverage for bene-
 fits not otherwise covered or to diminish or impair pre-existing  condi-
 tion limitations contained within the subscriber's contract.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 policies issued, renewed, modified, or amended on or after such date.
 
                                 SUBPART C
 
   Section  1.  Subsection  (a)  of section 3242 of the insurance law, as
 added by section 1 of subpart C of part J of chapter 57 of the  laws  of
 2019, is amended to read as follows:
   (a) Every insurer that delivers or issues for delivery in this state a
 policy that provides coverage for prescription drugs shall, with respect
 to  the prescription drug coverage, publish an up-to-date, accurate, and
 complete list of all covered prescription drugs on  its  formulary  drug
 list,  including  any  tiering  structure  that  it  has adopted and any
 restrictions on the manner in which a prescription drug may be obtained,
 in a manner that is easily accessible  to  insureds  [and],  prospective
 insureds,  HEALTH  CARE  PROVIDERS,  AND OTHER INTERESTED PARTIES.   The
 formulary drug list shall clearly identify the  preventive  prescription
 drugs  that  are  available  without  annual deductibles or coinsurance,
 including co-payments.  A FORMULARY DRUG LIST SHALL ONLY  BE  CONSIDERED
 EASILY ACCESSIBLE IF:
   (1) IT CAN BE VIEWED ON THE INSURER'S PUBLIC WEBSITE WITHOUT REQUIRING
 AN  INDIVIDUAL  TO CREATE OR ACCESS AN ACCOUNT OR ENTER A PASSWORD OR TO
 BE COVERED UNDER AN INSURANCE POLICY ISSUED BY THE INSURER; AND
   (2) AN INDIVIDUAL CAN EASILY DISCERN WHICH FORMULARY DRUG LIST APPLIES
 TO WHICH PLAN, IF AN INSURER OFFERS MORE THAN ONE PLAN.
   § 2. Subsection (a) of section 4329 of the insurance law, as added  by
 section  2 of subpart C of part J of chapter 57 of the laws of 2019,  is
 amended to read as follows:
   (a) Every corporation subject to the provisions of this  article  that
 issues  a  contract that provides coverage for prescription drugs shall,
 with respect to the prescription drug coverage, publish  an  up-to-date,
 accurate,  and  complete  list  of all covered prescription drugs on its
 formulary drug list, including any tiering structure that it has adopted
 and any restrictions on the manner in which a prescription drug  may  be
 obtained,  in  a  manner  that  is  easily accessible to insureds [and],
 prospective  insureds,  HEALTH  CARE  PROVIDERS,  AND  OTHER  INTERESTED
 PARTIES.   The formulary drug list shall clearly identify the preventive
 prescription drugs that are  available  without  annual  deductibles  or
 coinsurance, including co-payments.  A FORMULARY DRUG LIST SHALL ONLY BE
 CONSIDERED EASILY ACCESSIBLE IF:
   (1)  IT  CAN  BE  VIEWED  ON  THE CORPORATION'S PUBLIC WEBSITE WITHOUT
 REQUIRING AN INDIVIDUAL TO CREATE OR ACCESS AN ACCOUNT OR ENTER A  PASS-
 WORD  OR  TO  BE  COVERED UNDER AN INSURANCE POLICY ISSUED BY THE CORPO-
 RATION; AND
   (2) AN INDIVIDUAL CAN EASILY DISCERN WHICH FORMULARY DRUG LIST APPLIES
 TO WHICH PLAN, IF A CORPORATION OFFERS MORE THAN ONE PLAN.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 policies issued, renewed, modified or amended on or after such date.
 
                                 SUBPART D
 S. 9008--A                         89                        A. 10008--A
 
   Section 1. Subsection (b-3) of section 4900 of the  insurance  law  is
 relettered  subsection (b-4) and a new subsection (b-3) is added to read
 as follows:
   (B-3) "CHRONIC HEALTH CONDITION" MEANS A CONDITION THAT IS EXPECTED TO
 LAST FOR AT LEAST ONE YEAR AND REQUIRES ONGOING TREATMENT TO EFFECTIVELY
 MANAGE THE CONDITION OR PREVENT AN ADVERSE HEALTH EVENT.
   §  2. Subsection (f) of section 4905 of the insurance law, as added by
 chapter 705 of the laws of 1996,  is amended read as follows:
   (f) Utilization review shall not be conducted more frequently than  is
 reasonably  required  to  assess  whether the health care services under
 review are  medically  necessary  PROVIDED,  HOWEVER,  THAT  UTILIZATION
 REVIEW  SHALL  NOT  BE CONDUCTED MORE THAN ONCE PER YEAR FOR A COURSE OF
 TREATMENT FOR A CHRONIC HEALTH CONDITION STARTING FROM  THE  DATE  OF  A
 PRE-AUTHORIZATION APPROVAL FOR THE COURSE OF TREATMENT.
   §  3.  Subdivision  2-c  of  section  4900 of the public health law is
 renumbered subdivision 2-d and a new subdivision 2-c is added to read as
 follows:
   (2-C) "CHRONIC HEALTH CONDITION" MEANS A CONDITION THAT IS EXPECTED TO
 LAST FOR AT LEAST ONE YEAR AND REQUIRES ONGOING TREATMENT TO EFFECTIVELY
 MANAGE THE CONDITION OR PREVENT AN ADVERSE HEALTH EVENT.
   § 4. Subdivision 6 of section 4905 of the public health law, as  added
 by chapter 705 of the laws of 1996,  is amended to read as follows:
   6.  Utilization  review shall not be conducted more frequently than is
 reasonably required to assess whether the  health  care  services  under
 review  are  medically  necessary  PROVIDED,  HOWEVER,  THAT UTILIZATION
 REVIEW SHALL NOT BE CONDUCTED MORE THAN ONCE PER YEAR FOR  A  COURSE  OF
 TREATMENT  FOR  A  CHRONIC  HEALTH CONDITION STARTING FROM THE DATE OF A
 PRE-AUTHORIZATION APPROVAL FOR THE COURSE OF TREATMENT.
   § 5. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 policies issued, renewed, modified, or amended 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
 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 Subparts A through D of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART II
 
   Section  1.  Section  2336 of the insurance law is amended by adding a
 new subsection (i) to read as follows:
   (I) (1) ANY SCHEDULE  OR  RATING  PLAN  FOR  MOTOR  VEHICLE  INSURANCE
 SUBMITTED  TO THE SUPERINTENDENT SHALL PROVIDE FOR AN ACTUARIALLY APPRO-
 PRIATE REDUCTION IN PREMIUM CHARGES FOR BODILY INJURY LIABILITY, PROPER-
 TY DAMAGE LIABILITY, PERSONAL INJURY PROTECTION, MEDICAL  PAYMENTS,  AND
 COLLISION COVERAGE WITH RESPECT TO A MOTOR VEHICLE EQUIPPED WITH A DASH-
 BOARD  CAMERA.  A  "DASHBOARD  CAMERA"  MEANS  A DASHBOARD-MOUNTED VIDEO
 RECORDING DEVICE CAPABLE OF CONTINUOUS LOOP  RECORDING  WITH  A  MINIMUM
 S. 9008--A                         90                        A. 10008--A
 
 RESOLUTION  OF  1080P,  DESIGNED TO CAPTURE FOOTAGE OF THE ROAD AHEAD OF
 THE MOTOR VEHICLE.
   (2)  TO  QUALIFY  FOR  THE DISCOUNT, AN INSURER SHALL REQUIRE THAT THE
 POLICYHOLDER SUBMIT PROOF OF INSTALLATION AND OPERATION OF THE DASHBOARD
 CAMERA. A POLICYHOLDER'S FAILURE TO MAINTAIN  AN  OPERATIONAL  DASHBOARD
 CAMERA SHALL RESULT IN THE FORFEITURE OF THE DISCOUNT AT THE NEXT POLICY
 RENEWAL,  UNLESS  THE  INSURER  REINSTATES  THE  DISCOUNT  UPON PROOF OF
 COMPLIANCE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
                                  PART JJ
 
   Section 1. The banking law is amended by adding a new article 14-AA to
 read as follows:
                              ARTICLE XIV-AA
                 STUDENT LOAN PROTECTIONS AND DISCLOSURES
 SECTION 726. DEFINITIONS.
         727. COSIGNER RELEASE.
         728. REQUIRED COMMUNICATIONS FROM PRIVATE STUDENT LENDERS.
         729. DOCUMENTS AND RECORDS.
         730. OTHER REQUIREMENTS APPLICABLE TO COSIGNERS.
         731. REQUIRED DISCLOSURES.
         732. ENFORCEMENT AND PENALTIES.
         733. RULES AND REGULATIONS.
         734. SEVERABILITY.
   § 726. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "BORROWER"  HAS  THE  SAME  MEANING  AS SET FORTH IN SECTION SEVEN
 HUNDRED TEN OF THIS CHAPTER; PROVIDED, HOWEVER, FOR PURPOSES OF SECTIONS
 SEVEN  HUNDRED  TWENTY-SEVEN,  SEVEN  HUNDRED  TWENTY-EIGHT,  AND  SEVEN
 HUNDRED TWENTY-NINE OF THIS ARTICLE, THE TERM "BORROWER" SHALL EXCLUDE A
 COSIGNER.
   2.  "COSIGNER"  MEANS  AN  INDIVIDUAL WHO IS LIABLE FOR THE LOAN OBLI-
 GATION OF ANOTHER, REGARDLESS OF HOW THE INDIVIDUAL IS DESIGNATED IN THE
 LOAN CONTRACT OR INSTRUMENT WITH RESPECT TO THAT  OBLIGATION,  INCLUDING
 AN  OBLIGATION  UNDER  A  PRIVATE STUDENT LOAN EXTENDED TO CONSOLIDATE A
 BORROWER'S PREEXISTING PRIVATE  STUDENT  LOAN.  "COSIGNER"  INCLUDES  AN
 INDIVIDUAL  WHOSE  SIGNATURE IS REQUESTED AS A CONDITION TO GRANT CREDIT
 OR FORBEAR A COLLECTION. "COSIGNER" DOES  NOT  INCLUDE  A  SPOUSE  OF  A
 BORROWER  OR  COSIGNER  WHOSE  SIGNATURE IS NEEDED SOLELY TO PERFECT THE
 SECURITY INTEREST IN THE LOAN.
   3. "COSIGNER RELEASE" MEANS THE ACT OF RELEASING A COSIGNER FROM THEIR
 OBLIGATIONS RELATING TO A STUDENT LOAN.
   4. "EXEMPT ORGANIZATION" HAS THE SAME MEANING AS SET FORTH IN  SECTION
 SEVEN HUNDRED TEN OF THIS CHAPTER.
   5. "FEDERAL STUDENT LOAN" MEANS A STUDENT LOAN MADE, INSURED, OR GUAR-
 ANTEED  UNDER TITLE IV OF THE HIGHER EDUCATION ACT OF 1965 (20 U.S.C. §§
 1070 ET SEQ.).
   6. "PRIVATE STUDENT LENDER" MEANS ANY PERSON OR ENTITY,  INCLUDING  AN
 EDUCATIONAL INSTITUTION, THAT IS NOT AN EXEMPT ORGANIZATION AND IS:
   (A)  ENGAGED  IN  THE  BUSINESS OF MAKING OR ACQUIRING PRIVATE STUDENT
 LOANS; OR
 S. 9008--A                         91                        A. 10008--A
 
   (B) AN ADMINISTRATIVE OR COLLATERAL AGENT OF A PRIVATE STUDENT LENDER,
 INCLUDING A STUDENT LOAN SERVICER.
   7.  "PRIVATE  STUDENT  LOAN"  MEANS  A  STUDENT LOAN THAT IS NOT MADE,
 INSURED, OR GUARANTEED UNDER TITLE IV OF THE  HIGHER  EDUCATION  ACT  OF
 1965 (20 U.S.C. §§ 1070 ET SEQ.).
   8.  "STUDENT  LOAN" HAS THE SAME MEANING AS SET FORTH IN SECTION SEVEN
 HUNDRED TEN OF THIS CHAPTER.
   9. "STUDENT LOAN SERVICER" HAS  THE  SAME  MEANING  AS  SET  FORTH  IN
 SECTION SEVEN HUNDRED TEN OF THIS CHAPTER.
   § 727. COSIGNER RELEASE. 1. (A) A PRIVATE STUDENT LENDER THAT MAKES OR
 ACQUIRES  ANY  PRIVATE  STUDENT  LOANS  WITH  A COSIGNER SHALL DISCLOSE,
 CLEARLY AND CONSPICUOUSLY IN WRITING, IN A FORM THAT  THE  CONSUMER  MAY
 KEEP, THE SPECIFIC AND REASONABLE CRITERIA FOR COSIGNER RELEASE.
   (B)  THE PRIVATE STUDENT LENDER SHALL PROVIDE THE DISCLOSURES REQUIRED
 BY THIS SECTION PRIOR TO EXECUTION OF THE PRIVATE STUDENT LOAN AGREEMENT
 BY THE BORROWER AND SHALL PROVIDE THEM TOGETHER WITH ANY  OTHER  DISCLO-
 SURES.
   (C)  THE  DISCLOSURES  REQUIRED BY THIS SECTION MAY BE PROVIDED TO THE
 CONSUMER IN ELECTRONIC FORM.
   2. (A) FOR ANY PRIVATE STUDENT LOAN MADE AFTER THE EFFECTIVE  DATE  OF
 THIS  SECTION,  A PRIVATE STUDENT LENDER SHALL NOT REQUIRE PROOF OF MORE
 THAN TWENTY-FOUR CONSECUTIVE, ON-TIME PAYMENTS AS PART OF  THE  CRITERIA
 FOR COSIGNER RELEASE.
   (B)  A  BORROWER  WHO HAS PAID THE EQUIVALENT OF TWENTY-FOUR MONTHS OF
 PRINCIPAL AND INTEREST PAYMENTS WITHIN ANY TWENTY-FOUR-MONTH  PERIOD  IS
 DEEMED  TO  HAVE  SATISFIED THE CONSECUTIVE, ON-TIME PAYMENT REQUIREMENT
 EVEN IF THE BORROWER HAS NOT MADE PAYMENTS MONTHLY  DURING  THE  TWENTY-
 FOUR-MONTH PERIOD.
   3.  WITHIN THIRTY DAYS AFTER THE BORROWER HAS MET THE PAYMENT CRITERIA
 TO BE ELIGIBLE FOR COSIGNER RELEASE, THE PRIVATE  STUDENT  LENDER  SHALL
 SEND  THE  BORROWER AND COSIGNER A WRITTEN NOTIFICATION BY UNITED STATES
 MAIL THAT THEY HAVE MET THE PAYMENT REQUIREMENTS FOR  COSIGNER  RELEASE.
 FOR  A BORROWER OR COSIGNER WHO HAS ELECTED TO RECEIVE ELECTRONIC COMMU-
 NICATIONS FROM THE PRIVATE STUDENT LENDER, THE  PRIVATE  STUDENT  LENDER
 SHALL SEND SUCH NOTIFICATION IN ALL ELECTRONIC COMMUNICATION FORMATS FOR
 WHICH  THE  PRIVATE  STUDENT  LENDER  HAS  THE  BORROWER'S OR COSIGNER'S
 CONTACT INFORMATION. THE  NOTIFICATION  SHALL  DISCLOSE  ANY  ADDITIONAL
 REQUIREMENTS  FOR  THE  BORROWER  OR  COSIGNER  TO  QUALIFY FOR COSIGNER
 RELEASE AND THE PROCESS FOR MEETING THOSE REQUIREMENTS AND APPLYING  FOR
 COSIGNER RELEASE.
   4. A PRIVATE STUDENT LENDER SHALL PROVIDE WRITTEN NOTICE TO A BORROWER
 AND  COSIGNER WITHIN THIRTY DAYS AFTER RECEIPT OF AN INCOMPLETE APPLICA-
 TION FOR COSIGNER RELEASE FROM SUCH BORROWER OR COSIGNER THAT THE APPLI-
 CATION IS INCOMPLETE. SUCH WRITTEN NOTICE SHALL DESCRIBE THE INFORMATION
 NEEDED TO COMPLETE THE APPLICATION AND THE DATE BY WHICH  THE  APPLICANT
 MUST PROVIDE THE MISSING INFORMATION, WHICH SHALL BE A MINIMUM OF THIRTY
 DAYS AFTER SUCH NOTICE IS SENT TO THE BORROWER AND COSIGNER.
   5.  WITHIN THIRTY DAYS AFTER A BORROWER OR COSIGNER SUBMITS A COMPLETE
 APPLICATION FOR COSIGNER  RELEASE  TO  A  PRIVATE  STUDENT  LENDER,  THE
 PRIVATE  STUDENT  LENDER  SHALL SEND THE BORROWER AND COSIGNER A WRITTEN
 NOTICE OF EITHER THE APPROVAL OR DENIAL OF THE COSIGNER RELEASE APPLICA-
 TION.  A NOTICE OF A DENIAL OF AN APPLICATION ISSUED  PURSUANT  TO  THIS
 SUBDIVISION  SHALL  DESCRIBE  WITH SPECIFICITY THE REASON FOR THE DENIAL
 AND ANY ACTION THE BORROWER OR COSIGNER MUST TAKE TO OBTAIN APPROVAL.
   § 728. REQUIRED COMMUNICATIONS FROM PRIVATE STUDENT LENDERS. 1.  PRIOR
 TO ORIGINATING A PRIVATE STUDENT LOAN, A PRIVATE  STUDENT  LENDER  SHALL
 S. 9008--A                         92                        A. 10008--A
 
 PROVIDE  TO  ALL  COSIGNER  APPLICANTS  INFORMATION ABOUT THE RIGHTS AND
 RESPONSIBILITIES OF THE COSIGNER OF THE LOAN, INCLUDING:
   (A)  HOW THE PRIVATE STUDENT LENDER WILL FURNISH INFORMATION ABOUT THE
 COSIGNER'S PRIVATE STUDENT LOAN OBLIGATION TO CREDIT REPORTING AGENCIES;
   (B) HOW THE COSIGNER WILL BE NOTIFIED  IF  THE  PRIVATE  STUDENT  LOAN
 BECOMES  DELINQUENT  AND  HOW  THE  COSIGNER CAN CURE THE DELINQUENCY TO
 AVOID NEGATIVE CREDIT REPORTING AND LOSS OF COSIGNER  RELEASE  ELIGIBIL-
 ITY;
   (C) WHETHER THE PRIVATE STUDENT LENDER OFFERS COSIGNER RELEASE;
   (D)  ALL  CRITERIA  FOR  COSIGNER  RELEASE,  INCLUDING  THE  NUMBER OF
 PAYMENTS FOR THE PRIVATE STUDENT LENDER TO RELEASE THE COSIGNER FROM THE
 LOAN OBLIGATION; AND
   (E) THE PROCESS FOR APPLYING FOR COSIGNER RELEASE.
   2. PRIVATE STUDENT LENDERS SHALL SEND TO BORROWERS AND COSIGNERS ANNU-
 AL WRITTEN NOTICES CONTAINING ALL INFORMATION ABOUT COSIGNER RELEASE SET
 FORTH IN SUBDIVISION ONE OF THIS SECTION.
   3. PRIVATE STUDENT LENDERS SHALL SEND TO BORROWERS AND COSIGNERS WRIT-
 TEN NOTICES CONTAINING INFORMATION ABOUT COSIGNER RELEASE SET  FORTH  IN
 SUBDIVISION  ONE OF THIS SECTION, UPON REQUEST OF THE BORROWER OR COSIG-
 NER.
   § 729. DOCUMENTS AND RECORDS. 1. A PRIVATE STUDENT LENDER  SHALL  KEEP
 DOCUMENTS AND RECORDS FOR EACH PRIVATE STUDENT LOAN SUFFICIENT TO DEMON-
 STRATE  THE EXTENT TO WHICH THE BORROWER AND THE COSIGNER HAVE FULFILLED
 THE PRIVATE STUDENT LENDER'S CRITERIA FOR  COSIGNER  RELEASE,  INCLUDING
 ANY REQUIREMENT FOR MONTHLY PAYMENTS.
   2.  (A) A PRIVATE STUDENT LENDER SHALL MAKE AVAILABLE TO A COSIGNER OF
 A PRIVATE STUDENT LOAN ALL DOCUMENTS AND RECORDS RELATED TO THAT PRIVATE
 STUDENT LOAN THAT THE PRIVATE STUDENT LENDER HAS MADE AVAILABLE  TO  THE
 BORROWER.
   (B)  IF A PRIVATE STUDENT LENDER OFFERS ELECTRONIC ACCESS TO DOCUMENTS
 AND RECORDS TO A BORROWER OF A PRIVATE  STUDENT  LOAN,  IT  SHALL  OFFER
 EQUIVALENT  ELECTRONIC  ACCESS  TO  ANY COSIGNER OF THAT PRIVATE STUDENT
 LOAN.
   3. WITHIN FIFTEEN DAYS OF RECEIVING A REQUEST, WHETHER ORAL  OR  WRIT-
 TEN,  FROM  A BORROWER OR COSIGNER IN RELATION TO A PRIVATE STUDENT LOAN
 FOR REDACTION OF  THE  REQUESTING  OBLIGOR'S  CONTACT  INFORMATION  FROM
 COMMUNICATIONS  TO  ANY  OTHER OBLIGOR OF SUCH PRIVATE STUDENT LOAN, THE
 PRIVATE STUDENT LENDER SHALL SO REDACT THE CONTACT  INFORMATION  OF  THE
 REQUESTING OBLIGOR.
   § 730. OTHER REQUIREMENTS APPLICABLE TO COSIGNERS. 1. A STUDENT LENDER
 SHALL  NOT  IMPOSE  ANY RESTRICTION ON ANY BORROWER OR COSIGNER THAT MAY
 PERMANENTLY PRECLUDE COSIGNER  RELEASE,  INCLUDING  BY  RESTRICTING  THE
 NUMBER OF TIMES A BORROWER OR COSIGNER MAY APPLY FOR COSIGNER RELEASE.
   2.  IF  A BORROWER OR COSIGNER MAKES ANY REQUEST FOR ACTION THAT WOULD
 NEGATIVELY AFFECT ELIGIBILITY FOR COSIGNER RELEASE, THE PRIVATE  STUDENT
 LENDER  SHALL  SO NOTIFY THE BORROWER AND COSIGNER IN WRITING WITHIN TEN
 DAYS AND GRANT THE BORROWER OR COSIGNER NO  LESS  THAN  THIRTY  DAYS  TO
 RESCIND, WITHDRAW, OR CANCEL THE REQUEST.
   §  731. REQUIRED DISCLOSURES. 1. IN CONNECTION WITH REFINANCING OF ONE
 OR MORE STUDENT LOANS AT LEAST ONE OF WHICH IS A FEDERAL  STUDENT  LOAN,
 THE  PRIVATE  STUDENT LENDER SHALL DISCLOSE TO THE BORROWER, CLEARLY AND
 CONSPICUOUSLY, CONTEMPORANEOUSLY WITH THE PROVISION OF AN APPLICATION TO
 THE BORROWER OR WITH A SOLICITATION FOR A PRIVATE  STUDENT  LOAN  IF  NO
 APPLICATION  IS  REQUIRED OR PROVIDED, BENEFITS THAT THE BORROWER MAY BE
 FORFEITING BY REFINANCING A FEDERAL STUDENT LOAN, INCLUDING  INCOME-DRI-
 S. 9008--A                         93                        A. 10008--A
 
 VEN  REPAYMENT  OPTIONS, OPPORTUNITIES FOR LOAN FORGIVENESS, FORBEARANCE
 OR DEFERMENT OPTIONS, INTEREST SUBSIDIES, AND TAX BENEFITS.
   2.  CONTEMPORANEOUSLY  WITH  THE  APPROVAL  OF  A PRIVATE STUDENT LOAN
 APPLICATION, AND BEFORE THE LOAN TRANSACTION IS CONSUMMATED, THE PRIVATE
 STUDENT LENDER SHALL DISCLOSE TO THE BORROWER, CLEARLY AND  CONSPICUOUS-
 LY:
   (A)  A LIST CONTAINING EACH STUDENT LOAN TO BE REFINANCED, WHICH SHALL
 IDENTIFY WHETHER THE STUDENT LOAN IS A PRIVATE STUDENT LOAN OR A FEDERAL
 STUDENT LOAN; AND
   (B) BENEFITS THAT THE BORROWER MAY  BE  FORFEITING  BY  REFINANCING  A
 FEDERAL  STUDENT LOAN, INCLUDING INCOME-DRIVEN REPAYMENT OPTIONS, OPPOR-
 TUNITIES FOR LOAN FORGIVENESS, FORBEARANCE OR DEFERMENT OPTIONS,  INTER-
 EST SUBSIDIES, AND TAX BENEFITS.
   § 732. ENFORCEMENT AND PENALTIES. 1. WITHOUT LIMITING ANY POWER GRANT-
 ED  TO THE SUPERINTENDENT UNDER ANY OTHER PROVISION OF THIS CHAPTER, THE
 SUPERINTENDENT MAY, AFTER NOTICE AND HEARING, REQUIRE ANY  PERSON  FOUND
 VIOLATING  THE  PROVISIONS  OF  THIS ARTICLE OR THE RULES OR REGULATIONS
 PROMULGATED HEREUNDER TO PAY TO THE PEOPLE OF THIS STATE A  PENALTY  NOT
 TO  EXCEED: (A) TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH VIOLATION AND
 FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES,  OR,  IN  CONNECTION
 WITH  SUCH  VIOLATION,  FOR  EACH DAY A DISCLOSURE OR NOTICE MANDATED BY
 THIS ARTICLE CONTINUES NOT TO BE PROVIDED TO A BORROWER;  OR  (B)  WHERE
 SUCH  VIOLATION  IS WILLFUL, TEN THOUSAND DOLLARS FOR EACH VIOLATION AND
 FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES,  OR,  IN  CONNECTION
 WITH  SUCH  VIOLATION,  FOR  EACH DAY A DISCLOSURE OR NOTICE MANDATED BY
 THIS ARTICLE CONTINUES NOT TO BE PROVIDED TO A BORROWER.
   2. THE SUPERINTENDENT SHALL NOT IMPOSE OR COLLECT  ANY  PENALTY  UNDER
 SECTION  FORTY-FOUR  OF  THIS CHAPTER IN ADDITION TO ANY PENALTY FOR THE
 SAME ACT OR OMISSION THAT IS IMPOSED UNDER THIS SECTION.
   § 733. RULES AND REGULATIONS. IN ADDITION TO SUCH POWERS AS MAY OTHER-
 WISE BE PRESCRIBED BY THIS  CHAPTER,  THE  SUPERINTENDENT  OF  FINANCIAL
 SERVICES IS HEREBY AUTHORIZED AND EMPOWERED TO PROMULGATE SUCH RULES AND
 REGULATIONS  AS  MAY IN THE JUDGMENT OF THE SUPERINTENDENT BE CONSISTENT
 WITH THE PURPOSES OF THIS ARTICLE,  OR  APPROPRIATE  FOR  THE  EFFECTIVE
 ADMINISTRATION OF THIS ARTICLE.
   §  734. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
 TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID,  SUCH
 INVALIDITY  SHALL  NOT  AFFECT  OTHER PROVISIONS OR APPLICATIONS OF THIS
 ARTICLE WHICH CAN BE GIVEN  EFFECT  WITHOUT  THE  INVALID  PROVISION  OR
 APPLICATION,  AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERA-
 BLE.
   § 2. This act shall take effect one year after it shall have become  a
 law.
 
                                  PART KK
 
   Section  1.  Section  2329 of the insurance law, as amended by chapter
 182 of the laws of 2023, is amended to read as follows:
   § 2329. Motor vehicle insurance rates; excess profits.  In  accordance
 with  regulations prescribed by the superintendent, each insurer issuing
 policies that are subject to article fifty-one of this chapter,  includ-
 ing  policies  of  motor  vehicle personal injury liability insurance or
 policies of motor vehicle property damage liability insurance or  insur-
 ance  for  loss  or  damage  to a motor vehicle, shall establish a fair,
 practicable, and nondiscriminatory plan for refunding or otherwise cred-
 iting to those purchasing such policies their  share  of  the  insurer's
 S. 9008--A                         94                        A. 10008--A
 
 excess  profit,  if  any,  on such policies. An excess profit shall be a
 profit beyond a percentage rate of return on net worth  attributable  to
 such  policies,  computed  in accordance with the regulation required by
 section  two  thousand  three  hundred twenty-three of this article, and
 determined by the superintendent to be so far above a reasonable average
 profit as to amount to an excess profit, taking into  consideration  the
 fact  that  losses or profits below a reasonable average profit will not
 be recouped from such policyholders. Each plan  shall  apply  to  policy
 periods  for  the  periods  January first, nineteen hundred seventy-four
 through August second, two thousand one, and the effective date  of  the
 property/casualty insurance availability act through June thirtieth, two
 thousand  [twenty-six]  TWENTY-NINE. In prescribing such regulations the
 superintendent may limit the duration of such plans, waive any  require-
 ment  for  refund  or credit that the superintendent determines to be de
 minimis or impracticable, adopt forms of returns that shall be  made  to
 the  superintendent  in  order  to establish the amount of any refund or
 credit due, establish  periods  and  times  for  the  determination  and
 distribution  of  refunds  and  credits, and shall provide that insurers
 receive appropriate credit against any refunds or  credits  required  by
 any  such  plan  for policyholder dividends and for return premiums that
 may be due under rate credit or  retrospective  rating  plans  based  on
 experience.
   § 2. This act shall take effect immediately.
                                  PART LL
 
   Section  1. Section 4 of chapter 495 of the laws of 2004, amending the
 insurance law and the public health law relating to the New  York  state
 health  insurance  continuation  assistance  demonstration  project,  as
 amended by section 1 of part S of chapter 58 of the  laws  of  2025,  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, [2026] 2027 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 MM
 
   Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
 the  New  York  state  urban  development corporation act, is amended by
 adding a new section 16-jj to read as follows:
   § 16-JJ. COLLECTION OF PAYMENTS IN LIEU OF TAXES  PURSUANT  TO  LEASES
 WITH  RESPECT TO PARCELS WITHIN THE BROOKLYN MARINE TERMINAL PROJECT. 1.
 DEFINITIONS. AS USED IN THIS SECTION:
   (A) "TENANT" SHALL MEAN ANY INDIVIDUAL,  PARTNERSHIP,  TRUST,  LIMITED
 LIABILITY  COMPANY,  PUBLIC  OR PRIVATE CORPORATION (INCLUDING A COOPER-
 ATIVE HOUSING CORPORATION), OR OTHER ENTITY HOLDING THE TENANT'S  INTER-
 EST IN A RESIDENTIAL LEASE.
   (B)  "RESIDENTIAL  LEASE" SHALL MEAN A LEASE, SUBLEASE OR OTHER AGREE-
 MENT THAT RELATES TO ANY PORTION OF THE BROOKLYN MARINE TERMINAL PROJECT
 AND IS DESIGNED AND INTENDED FOR THE PURPOSE OF PROVIDING HOUSING ACCOM-
 MODATIONS AND SUCH FACILITIES AS MAY BE INCIDENTAL THERETO, THE LESSOR'S
 INTEREST IN WHICH IS HELD BY BROOKLYN MARINE TERMINAL DEVELOPMENT CORPO-
 RATION.
 S. 9008--A                         95                        A. 10008--A
 
   (C) "UNDERLYING PARCEL" SHALL MEAN A PARCEL SUBJECT TO  A  RESIDENTIAL
 LEASE;  PROVIDED,  HOWEVER, THAT IN ANY CASE WHERE THE TENANT'S INTEREST
 IN A RESIDENTIAL LEASE IS HELD BY  A  UNIT  OWNER,  "UNDERLYING  PARCEL"
 SHALL MEAN THE PARCEL IN WHICH THE UNIT IS INCLUDED.
   (D)  "UNIT OWNER" AND "UNIT" SHALL HAVE THE SAME MEANING AS DEFINED BY
 SECTION THREE HUNDRED THIRTY-NINE-E OF THE REAL PROPERTY LAW.
   (E) "PARCEL" SHALL HAVE THE SAME MEANING AS  DEFINED  BY  SECTION  ONE
 HUNDRED TWO OF THE REAL PROPERTY TAX LAW; PROVIDED, HOWEVER, THAT IN ANY
 CASE  WHERE  THE  TENANT'S  INTEREST IN A RESIDENTIAL LEASE IS HELD BY A
 UNIT OWNER, "PARCEL" SHALL MEAN THE REAL PROPERTY DEEMED TO BE A  PARCEL
 PURSUANT  TO  PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION THREE HUNDRED
 THIRTY-NINE-Y OF THE REAL PROPERTY LAW.
   (F) "BROOKLYN MARINE  TERMINAL  PROJECT  FACILITIES"  SHALL  MEAN  THE
 FACILITIES  CONSISTING  OF APPROXIMATELY ONE HUNDRED TWENTY-TWO ACRES IN
 THE CITY OF NEW YORK, COUNTY OF KINGS, STATE  OF  NEW  YORK  ESTABLISHED
 PURSUANT  TO THE BROOKLYN MARINE TERMINAL PROJECT UNDERTAKEN BY NEW YORK
 STATE URBAN DEVELOPMENT CORPORATION AND BROOKLYN MARINE TERMINAL  DEVEL-
 OPMENT  CORPORATION,  A  NOT-FOR-PROFIT  CORPORATION,  BUT EXCLUDING THE
 AREAS THEREOF DEVELOPED OR TO  BE  DEVELOPED  FOR  PRIVATE  RESIDENTIAL,
 COMMERCIAL  OR  INDUSTRIAL  USE PURSUANT TO A LEASE, SUBLEASE OR SIMILAR
 AGREEMENT WITH BROOKLYN MARINE TERMINAL  DEVELOPMENT  CORPORATION  WHICH
 AREAS  MAY  BE INCLUSIVE OF ANY EASEMENT AREA GRANTED IN CONNECTION WITH
 SUCH DEVELOPMENT.
   (G) "BROOKLYN MARINE TERMINAL PROJECT" SHALL MEAN THE BROOKLYN  MARINE
 TERMINAL  PROJECT  FACILITIES  CONSISTING  OF  APPROXIMATELY ONE HUNDRED
 TWENTY-TWO ACRES IN THE CITY OF NEW YORK, COUNTY OF KINGS, STATE OF  NEW
 YORK  ESTABLISHED  PURSUANT  TO THE BROOKLYN MARINE TERMINAL PROJECT AND
 THE GENERAL PROJECT PLAN UPON THE ADOPTION THEREOF  BY  NEW  YORK  STATE
 URBAN  DEVELOPMENT  CORPORATION AND BROOKLYN MARINE TERMINAL DEVELOPMENT
 CORPORATION, A NOT-FOR-PROFIT CORPORATION, AS SUCH GENERAL PROJECT  PLAN
 MAY BE FURTHER AMENDED, MODIFIED OR SUPPLEMENTED.
   (H)  "QUALIFIED  LEASEHOLD CONDOMINIUM" SHALL HAVE THE SAME MEANING AS
 USED IN SECTION THREE HUNDRED THIRTY-NINE-E OF THE REAL PROPERTY LAW.
   2. WITH RESPECT TO EACH UNDERLYING PARCEL WHICH IS OWNED IN FEE BY NEW
 YORK STATE URBAN DEVELOPMENT CORPORATION AND IS EXEMPT FROM REAL PROPER-
 TY TAXES PURSUANT TO THIS ACT OR OTHERWISE, THE  RESIDENTIAL  LEASE  FOR
 SUCH UNDERLYING PARCEL SHALL PROVIDE FOR THE PAYMENT BY THE TENANT UNDER
 SUCH  RESIDENTIAL LEASE OF ANNUAL OR OTHER PERIODIC AMOUNTS EQUAL TO THE
 AMOUNT OF REAL PROPERTY TAXES THAT OTHERWISE WOULD BE  PAID  OR  PAYABLE
 WITH  RESPECT TO SUCH UNDERLYING PARCEL, AFTER GIVING EFFECT TO ANY REAL
 PROPERTY TAX ABATEMENTS AND EXEMPTIONS, IF ANY, WHICH WOULD BE  APPLICA-
 BLE THERETO, IF NEW YORK STATE URBAN DEVELOPMENT CORPORATION WAS NOT THE
 OWNER.
   3.  WITH RESPECT TO ALL PARCELS OWNED BY NEW YORK STATE URBAN DEVELOP-
 MENT CORPORATION AND BROOKLYN MARINE  TERMINAL  DEVELOPMENT  CORPORATION
 THAT  DO  NOT  CONSTITUTE  AN UNDERLYING PARCEL AND ARE EXEMPT FROM REAL
 PROPERTY TAXES PURSUANT TO THIS ACT OR OTHERWISE, THE LEASE, SUBLEASE OR
 OTHER AGREEMENT FOR SUCH PARCEL OR ANY PORTION THEREOF MAY  PROVIDE  FOR
 THE  PAYMENT  BY THE LESSEE (OR SUBLESSEE) UNDER SUCH LEASE, SUBLEASE OR
 OTHER AGREEMENT OF ANNUAL OR OTHER PERIODIC  AMOUNTS  IN  LIEU  OF  REAL
 PROPERTY  TAXES  THAT OTHERWISE WOULD BE PAID OR PAYABLE WITH RESPECT TO
 SUCH PARCEL, AFTER GIVING EFFECT TO ANY REAL PROPERTY TAX ABATEMENTS AND
 EXEMPTIONS, IF ANY, WHICH WOULD BE APPLICABLE THERETO, IF NEW YORK STATE
 URBAN DEVELOPMENT CORPORATION WAS NOT THE OWNER.
   4. IN ADDITION, THE LEASE, SUBLEASE OR OTHER AGREEMENT FOR EACH PARCEL
 OR ANY PORTION THEREOF MAY PROVIDE FOR THE PAYMENT OF  INTEREST  BY  THE
 S. 9008--A                         96                        A. 10008--A
 
 UNIT OWNER AND ANY LESSEE (OR SUBLESSEE) OF A PARCEL (OR A PORTION THER-
 EOF)  FOR  AMOUNTS  OVERDUE,  AS  OF  THE  DATES AND IN THE SAME AMOUNTS
 PROVIDED FOR THE PAYMENT OF OVERDUE REAL PROPERTY TAXES IN THE  CITY  OF
 NEW YORK.
   5.  PAYMENTS  RECEIVED  PURSUANT TO THIS SECTION, AND ALL INTEREST AND
 EARNINGS THEREON, SHALL BE FROM THE PERIOD COMMENCING ON  THE  EFFECTIVE
 DATE  OF  THIS  SECTION,  USED TO IMPROVE, OPERATE AND MAINTAIN BROOKLYN
 MARINE TERMINAL PROJECT FACILITIES UNLESS OTHERWISE AGREED  TO  BE  USED
 FOR  THE  OTHER PUBLIC PURPOSES SPECIFIED IN SUCH AGREEMENTS AS MAY FROM
 TIME TO TIME BE ENTERED INTO BETWEEN BROOKLYN MARINE  TERMINAL  DEVELOP-
 MENT  CORPORATION,  THE CITY OF NEW YORK AND THE STATE OF NEW YORK BY AN
 ENTITY DESIGNATED BY THE GOVERNOR.
   6. ANY STATE OR CITY AGENCY, DEPARTMENT OR  AUTHORITY  TO  THE  EXTENT
 AUTHORIZED  UNDER  APPLICABLE  LAW MAY RENDER SUCH SERVICES WITHIN THEIR
 FUNCTIONS, SUCH AS THE  COLLECTION  AND  ENFORCEMENT  OF  PAYMENTS  OWED
 PURSUANT TO THIS SECTION, AS MAY BE REQUESTED.
   § 2. This act shall take effect immediately.
 
                                  PART NN
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Long Island MacArthur Airport terminal and rail integration project
 act".
   § 2. For the purposes of this act, the following terms shall have  the
 following meanings:
   1. "Airport" shall mean the Long Island MacArthur Airport owned by and
 located in the town.
   2.  "Developer lessee" shall mean, in conformity with the requirements
 of this act, a private entity, which may be a  joint  venture  or  other
 legal  entity,  acting as a lessee, concessionaire, and/or licensee with
 respect to the real property and any improvements thereon  on  which  it
 may undertake the project.
   3.  "Lease and development agreement" shall mean an agreement, includ-
 ing a lease, concession, license, and/or sub-lease of real property  and
 any  improvements  thereon, made between the town and a developer lessee
 pursuant to subdivision 5 of section 352 of the general  municipal  law,
 including  for the Long Island MacArthur Airport terminal and rail inte-
 gration project.
   4. "Long  Island  MacArthur  Airport  terminal  and  rail  integration
 project" or "project" shall mean, in conformity with the requirements of
 this  act,  any  and  all  phases  of  planning, development, financing,
 design, demolition, construction,  expansion,  improvements,  operation,
 maintenance,  and/or  repair, which are undertaken, in whole or in part,
 under a lease, concession, and/or license for  the  improvement  of  the
 airport  through  development  of  a  north  passenger terminal, and any
 necessary or desirable facilities or improvements for such terminal  and
 associated  aviation  or  non-aviation purposes, including an intermodal
 interconnection to the Long Island Rail Road Ronkonkoma station.
   5. "Private design-build contract" shall mean, in conformity with  the
 requirements  of this act, a contract for the design and construction of
 the project between a developer lessee and a single  contractor  entity,
 which  itself  may be a joint venture or other legal entity comprised of
 separate entities.
   6. "Project labor agreement" shall mean a pre-hire collective bargain-
 ing agreement  between  a  contractor  and  a  bona  fide  building  and
 construction  trade  labor organization establishing the labor organiza-
 S. 9008--A                         97                        A. 10008--A
 
 tion as the collective bargaining representative  for  all  persons  who
 will perform work on a project, and which provides that only contractors
 and  subcontractors  who  sign a pre-negotiated agreement with the labor
 organization can perform project work.
   7. "Town" shall mean the town of Islip in the county of Suffolk.
   §  3.  Notwithstanding  sections  103 and 350 of the general municipal
 law, section 222 of the town law, or the provisions of any other law  to
 the  contrary, in conformity with the requirements of this act, the town
 may under the terms of a lease and development agreement permit a devel-
 oper lessee, within the scope of its lease, concession,  and/or  license
 rights,  to  undertake  the  project,  whether utilizing the design-bid-
 build, design-build, or other delivery method otherwise permitted by the
 law, without such lease and  development  agreement,  or  any  resulting
 private   design-build   contract  or  other  contracts  for  design  or
 construction of the project entered into, directly or indirectly,  by  a
 developer lessee, being deemed to be a contract for public work, includ-
 ing  for  purposes of section 103 of the general municipal law or other-
 wise requiring  procurement  and  award  separate  and  apart  from  the
 procurement and award of any lease and development agreement.
   §  4.  A lease and development agreement entered into pursuant to this
 act shall:
   1. be awarded by the town to a responsive and responsible entity  that
 is otherwise selected as developer lessee in accordance with law; and
   2.  require  performance  of a project labor agreement consistent with
 the provisions of section 222 of the labor law in  connection  with  any
 resulting private design-build contract.
   §  5. Nothing in this act shall be construed to prohibit the town from
 negotiating the terms and conditions of a lease and  development  agree-
 ment.
   §  6.  Neither  any  lease  and development agreement, nor any private
 design-build contract or other contracts for design or  construction  of
 the project entered into, directly or indirectly, by a developer lessee,
 in  each  case pursuant to this act shall be construed to be a violation
 of section 6512 of the education law.
   § 7. Nothing in this act shall be construed to exempt a project under-
 taken by the town pursuant to this act from the requirements of  article
 8 of the environmental conservation law.
   § 8. Nothing contained in this act shall limit the right or obligation
 of  the  town  to  comply  with the provisions of any existing contract,
 including any existing contract with or for the benefit of  the  holders
 of  the  obligations  of  the  town,  or to award contracts as otherwise
 provided by law.
   § 9. This act shall take effect immediately; provided, however that if
 the town has not entered into  a  lease  and  development  agreement  as
 provided  under this act on or before 10 years after such date, this act
 shall expire and be deemed repealed 10 years after such effective  date;
 and  provided,  further,  that,  the  town  of  Islip,  in the county of
 Suffolk, shall notify the legislative bill drafting commission upon  the
 occurrence  of such town entering into a lease and development agreement
 as provided under this act in order that the commission may maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 S. 9008--A                         98                        A. 10008--A
 
 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 LL of this act shall be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10008--B
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read once and referred to the  Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee

 AN ACT to amend part U1 of chapter 62 of the laws of 2003, amending  the
   vehicle  and traffic law and other laws relating to increasing certain
   motor vehicle transaction fees, in relation to the effectiveness ther-
   eof; and to amend part B of chapter 84 of the laws of  2002,  amending
   the state finance law relating to the costs of the department of motor
   vehicles,  in relation to the effectiveness thereof (Part A); to amend
   chapter 751 of the laws of 2005, amending the insurance  law  and  the
   vehicle   and  traffic  law  relating  to  establishing  the  accident
   prevention course internet technology pilot program,  in  relation  to
   the  effectiveness  thereof  (Part B); intentionally omitted (Part C);
   intentionally omitted (Part D); to amend the vehicle and traffic  law,
   in  relation  to  allowing for-hire autonomous vehicles outside of New
   York City; to amend part FF of chapter 55 of the laws of 2017,  relat-
   ing  to motor vehicles equipped with autonomous vehicle technology, in
   relation to the effectiveness thereof (Part E); intentionally  omitted
   (Part  F); intentionally omitted (Part G); to amend part PP of chapter
   54 of the laws of 2016, amending the public authorities  law  and  the
   general  municipal  law relating to the New York transit authority and
   the metropolitan transportation authority, in  relation  to  extending
   provisions   of  law  relating  to  certain  tax  increment  financing
   provisions (Part H); intentionally omitted  (Part  I);  to  amend  the
   agriculture  and  markets  law,  in  relation  to  dairy promotion and
   marketing of agricultural products in New York state;  and  to  repeal
   sections  16-x,  16-y and 16-z of section 1 of chapter 174 of the laws
   of 1968, constituting the New York state urban development corporation
   act, in relation thereto (Part J); to amend the tax law,  in  relation
   to  extending the refundability of the investment tax credit for farm-
   ers (Part K); intentionally omitted (Part  L);  intentionally  omitted
   (Part  M); intentionally omitted (Part N); intentionally omitted (Part
   O); intentionally omitted (Part P); intentionally  omitted  (Part  Q);
   intentionally  omitted  (Part  R);  intentionally omitted (Part S); to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12673-05-6
 A. 10008--B                         2
 
   amend chapter 584 of the laws of 2011, amending the public authorities
   law relating to the powers and duties of the  dormitory  authority  of
   the  state  of  New York relative to the establishment of subsidiaries
   for  certain  purposes, in relation to the effectiveness thereof (Part
   T); intentionally omitted (Part U); 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 V); 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 W); intentionally omitted (Part X); intentionally omitted
   (Part Y); intentionally omitted (Part Z); to amend the  general  busi-
   ness  law,  in relation to requiring the registration of data brokers,
   establishing a data deletion mechanism for  consumers,  and  providing
   related  regulatory  provisions (Part AA); intentionally omitted (Part
   BB); intentionally omitted (Part CC); intentionally omitted (Part DD);
   intentionally omitted (Part  EE);  intentionally  omitted  (Part  FF);
   intentionally  omitted  (Part  GG);  to  amend  the  insurance law, in
   relation to the annual consumer guide of health insurers (Subpart  A);
   to  amend  the insurance law and the public health law, in relation to
   ongoing treatment  by  an  out-of-network  provider  during  pregnancy
   (Subpart  B);  to  amend  the insurance law, in relation to accessible
   formulary drug lists (Subpart C); and to amend the insurance  law  and
   the  public  health law, in relation to utilization reviews for treat-
   ment for a chronic health condition  (Subpart  D)  (Part  HH);  inten-
   tionally  omitted  (Part  II); intentionally omitted (Part JJ); inten-
   tionally omitted (Part KK); 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 LL); inten-
   tionally omitted (Part MM); intentionally omitted (Part NN); to  amend
   the  public  service law, in relation to utility intervenor reimburse-
   ment (Part OO); to amend part T of chapter 57  of  the  laws  of  2017
   amending  the  environmental  conservation law, the public health law,
   the public authorities law, the state finance law  and  the  soil  and
   water conservation districts law relating to the implementation of the
   "clean  water  infrastructure  act  of 2017", in relation to providing
   state financial assistance payments to rural municipalities in support
   of water quality infrastructure  projects  (Part  PP);  to  amend  the
   public  service  law  and  the  public authorities law, in relation to
   establishing the excelsior power  program  (Part  QQ);  to  amend  the
   public  service  law,  in relation to establishing the state office of
   the utility consumer advocate; and to repeal subdivision 4 of  section
   94-a  of  the  executive  law, in relation to the utility intervention
   unit (Part RR); in relation to  establishing  a  fare-free  bus  pilot
   program  within  the city of New York (Part SS); establishing the blue
   ribbon commission on residential affordability through energy savings;
   and providing for the repeal of  certain  provisions  upon  expiration
   thereof  (Subpart  A);  and  relating  to  profits  resulting from the
   participation of  electric  generating  facilities  in  the  federally
   designated   bulk  system  operator's  short-term  electric  commodity
   markets (Subpart B)(Part TT); and  to  amend  the  insurance  law,  in
   relation to including outpatient care provided by creative arts thera-
   pists in certain insurance policies (Part UU)
 A. 10008--B                         3
 
   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 2026-2027 state fiscal
 year.  Each component is wholly contained within a  Part  identified  as
 Parts  A  through  UU.  The effective date for each particular provision
 contained within such Part is set forth in  the  last  section  of  such
 Part.  Any  provision  in any section contained within a Part, including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section  three of this act sets forth the general
 effective date of this act.
 
                                  PART A
 
   Section 1. Section 13 of part U1 of chapter 62 of the  laws  of  2003,
 amending the vehicle and traffic law and other laws relating to increas-
 ing  certain  motor vehicle transaction fees, as amended by section 1 of
 part G of chapter 58 of the laws of 2024, is amended to read as follows:
   § 13. This act shall take effect immediately;  provided  however  that
 sections  one through seven of this act, the amendments to subdivision 2
 of section 205 of the tax law made by section eight  of  this  act,  and
 section nine of this act shall expire and be deemed repealed on April 1,
 [2026]  2028;  provided further, however, that the provisions of section
 eleven of this act shall take effect April 1, 2004 and shall expire  and
 be deemed repealed on April 1, [2026] 2028.
   §  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
 the state finance law relating to the costs of the department  of  motor
 vehicles, as amended by section 2 of part G of chapter 58 of the laws of
 2024, is amended to read as follows:
   §  2.  This act shall take effect April 1, 2002; provided, however, if
 this act shall become a law after such date it shall take  effect  imme-
 diately and shall be deemed to have been in full force and effect on and
 after  April  1,  2002;  provided  further, however, that this act shall
 expire and be deemed repealed on April 1, [2026] 2028.
   § 3. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Section 5 of chapter 751 of the laws of 2005, amending  the
 insurance  law  and the vehicle and traffic law relating to establishing
 the accident prevention course internet  technology  pilot  program,  as
 amended  by  section  1  of part F of chapter 58 of the laws of 2024, is
 amended to read as follows:
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and be deemed repealed April
 1, [2026] 2028; provided that any rules  and  regulations  necessary  to
 implement  the  provisions of this act on its effective date are author-
 ized and directed to be completed on or before such date.
   § 2. This act shall take effect immediately.
 
                                  PART C
 A. 10008--B                         4
 
                           Intentionally Omitted
 
                                  PART D
 
                           Intentionally Omitted
 
                                  PART E
 
   Section  1.  Section  3  of part FF of chapter 55 of the laws of 2017,
 relating to motor vehicles equipped with autonomous vehicle  technology,
 as  amended by section 1 of part J of chapter 58 of the laws of 2024, 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,
 [2026] 2028.
   § 2. This act shall take effect immediately.
 
                                  PART F
 
                           Intentionally Omitted
 
                                  PART G
 
                           Intentionally Omitted
 
                                  PART H
 
   Section  1.  Section  3  of  part PP of chapter 54 of the laws of 2016
 amending the public authorities law and the general municipal law relat-
 ing to the New York transit authority and the  metropolitan  transporta-
 tion  authority,  as amended by section 1 of part I of chapter 58 of the
 laws of 2025, 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,  [2026]  2027, and provided further that such repeal shall not
 affect the validity or duration of any contract entered into before that
 date pursuant to paragraph f of such subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 
   Section 1. Article 21-AA of the agriculture and markets law is amended
 by adding a new section 258-aa to read as follows:
   § 258-AA. DAIRY PROMOTION ACT. 1. DECLARATION OF POLICY. IT IS  HEREBY
 DECLARED THAT THE DAIRY INDUSTRY IS A PARAMOUNT AGRICULTURAL INDUSTRY OF
 THIS  STATE,  AND IS AN INDUSTRY AFFECTING THE HEALTH AND WELFARE OF THE
 A. 10008--B                         5
 
 INHABITANTS OF THE STATE; THAT THE  CONTINUED  EXISTENCE  OF  THE  DAIRY
 INDUSTRY AND THE CONTINUED PRODUCTION OF MILK ON THE FARMS OF THIS STATE
 IS  OF  VAST  ECONOMIC  IMPORTANCE  TO  THE  STATE AND TO THE HEALTH AND
 WELFARE  OF  THE  INHABITANTS THEREOF; THAT IT IS ESSENTIAL, IN ORDER TO
 ASSURE SUCH CONTINUED PRODUCTION OF MILK AND ITS HANDLING  AND  DISTRIB-
 UTION, THAT PRICES TO PRODUCERS BE SUCH AS TO RETURN REASONABLE COSTS OF
 PRODUCTION,  AND  AT THE SAME TIME ASSURE AN ADEQUATE SUPPLY OF MILK AND
 DAIRY PRODUCTS TO CONSUMERS AT REASONABLE PRICES; AND TO THESE  ENDS  IT
 IS  ESSENTIAL THAT CONSUMERS AND OTHERS BE ADEQUATELY INFORMED AS TO THE
 DIETARY NEEDS AND ADVANTAGES OF MILK AND DAIRY PRODUCTS AND  AS  TO  THE
 ECONOMIES  RESULTING  FROM  THE  USE  OF MILK AND DAIRY PRODUCTS, AND TO
 COMMAND FOR MILK AND  DAIRY  PRODUCTS,  CONSUMER  ATTENTION  AND  DEMAND
 CONSISTENT  WITH THEIR IMPORTANCE AND VALUE. IT IS FURTHER DECLARED THAT
 CONTINUED DECLINE IN THE CONSUMPTION OF FLUID MILK AND SOME OTHER  DAIRY
 PRODUCTS WILL JEOPARDIZE THE PRODUCTION OF ADEQUATE SUPPLIES OF MILK AND
 DAIRY  PRODUCTS  BECAUSE  OF  INCREASING SURPLUSES NECESSARILY RETURNING
 LESS TO PRODUCERS; AND THAT CONTINUED  ADEQUATE  SUPPLIES  OF  MILK  AND
 DAIRY  PRODUCTS IS A MATTER OF VITAL CONCERN AS AFFECTING THE HEALTH AND
 GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS THEREFORE DECLARED TO
 BE THE LEGISLATIVE INTENT AND POLICY OF THE STATE:
   (A) TO ENABLE MILK PRODUCERS AND OTHERS IN THE  DAIRY  INDUSTRY,  WITH
 THE  AID  OF  THE  STATE, TO MORE EFFECTIVELY PROMOTE THE CONSUMPTION OF
 MILK AND DAIRY PRODUCTS;
   (B) TO PROVIDE METHODS AND  MEANS  FOR  THE  DEVELOPMENT  OF  NEW  AND
 IMPROVED DAIRY PRODUCTS, AND TO PROMOTE THEIR USE; AND
   (C)  TO  THIS END, ELIMINATE THE POSSIBLE IMPAIRMENT OF THE PURCHASING
 POWER OF THE MILK PRODUCERS OF THIS STATE  AND  TO  ASSURE  AN  ADEQUATE
 SUPPLY OF MILK FOR CONSUMERS AT REASONABLE PRICES.
   2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A)  "DAIRY  PRODUCTS"  MEANS MILK AND PRODUCTS DERIVED THEREFROM, AND
 PRODUCTS OF WHICH MILK OR A PORTION THEREOF IS A SIGNIFICANT PART.
   (B) "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO IS  ENGAGED  IN  THE
 PRODUCTION  OF  MILK OR WHO CAUSES MILK TO BE PRODUCED FOR ANY MARKET IN
 THIS OR ANY OTHER STATE.
   (C) "ADVISORY BOARD" MEANS THE PERSONS APPOINTED BY  THE  COMMISSIONER
 FROM  NOMINATIONS FROM PRODUCERS AS HEREIN DEFINED TO ASSIST THE COMMIS-
 SIONER IN ADMINISTERING A DAIRY PROMOTION ORDER.
   (D) "MILK DEALER"  MEANS  ANY  PERSON  WHO  PURCHASES  OR  HANDLES  OR
 RECEIVES  OR  SELLS  MILK,  INCLUDING  INDIVIDUALS, PARTNERSHIPS, CORPO-
 RATIONS, COOPERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE  ASSO-
 CIATIONS.
   (E) "DAIRY PROMOTION ORDER" MEANS AN ORDER ISSUED BY THE COMMISSIONER,
 PURSUANT TO THE PROVISIONS OF THIS SECTION.
   (F) "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF
 MILK  PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER
 STATE, HAVING AGREEMENTS WITH THEIR PRODUCER MEMBERS TO MARKET,  BARGAIN
 FOR  OR  SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE
 OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY THEIR
 MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER-
 ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
   3. POWERS AND DUTIES OF THE COMMISSIONER. (A) THE  COMMISSIONER  SHALL
 ADMINISTER AND ENFORCE THE PROVISIONS OF THIS SECTION AND SHALL HAVE AND
 MAY  EXERCISE  ANY  OR  ALL THE ADMINISTRATIVE POWERS CONFERRED UPON THE
 HEAD OF A DEPARTMENT. IN ORDER TO EFFECTUATE THE DECLARED POLICY OF THIS
 A. 10008--B                         6
 
 SECTION THE COMMISSIONER MAY, AFTER DUE NOTICE  AND  HEARING,  MAKE  AND
 ISSUE A DAIRY PROMOTION ORDER, OR ORDERS.
   (B)  SUCH ORDER OR ORDERS SHALL BE ISSUED AND AMENDED OR TERMINATED IN
 ACCORDANCE WITH THE FOLLOWING PROCEDURES:
   (I) BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT SHALL BE APPROVED BY
 FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN  THE  REFERENDUM
 FOR  THE  AREA  TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT
 CONSTITUTE VALID APPROVAL  UNLESS  FIFTY-ONE  PER  CENTUM  OF  ALL  MILK
 PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM.
   (II)  PRODUCERS MAY VOTE BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPER-
 ATIVES IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
   (1) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH  ORDER  WITHIN  A
 PERIOD OF ONE HUNDRED TWENTY DAYS AFTER THE COMMISSIONER HAS ANNOUNCED A
 REFERENDUM  ON  A  PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND
 CERTIFIED TO THE COMMISSIONER AS MEMBERS OF SUCH COOPERATIVE,  PROVIDED,
 HOWEVER,  THAT  ANY  COOPERATIVE BEFORE SUBMITTING SUCH WRITTEN APPROVAL
 SHALL GIVE AT LEAST SIXTY DAYS PRIOR WRITTEN NOTICE TO EACH PRODUCER WHO
 IS ITS MEMBER, OF THE INTENTION  OF  THE  COOPERATIVE  TO  APPROVE  SUCH
 PROPOSED  ORDER,  AND  FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT
 INTEND TO APPROVE SUCH PROPOSED ORDER, IT SHALL  LIKEWISE  GIVE  WRITTEN
 NOTICE  OF  AT LEAST SIXTY DAYS TO EACH SUCH PRODUCER WHO IS ITS MEMBER,
 OF ITS INTENTION NOT TO APPROVE OF SUCH PROPOSED ORDER.
   (2) ANY PRODUCER MAY OBTAIN A BALLOT FROM  THE  COMMISSIONER  SO  THAT
 THEY  MAY  REGISTER  THEIR  OWN  APPROVAL OR DISAPPROVAL OF THE PROPOSED
 ORDER.
   (3) A PRODUCER WHO IS A MEMBER OF A  COOPERATIVE  WHICH  HAS  NOTIFIED
 SUCH  PRODUCER  OF ITS INTENT TO APPROVE OR NOT TO APPROVE OF A PROPOSED
 ORDER, AND WHO OBTAINS A BALLOT  AND  WITH  SUCH  BALLOT  EXPRESSES  THE
 PRODUCER'S  APPROVAL  OR DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY
 THE COMMISSIONER AS TO THE NAME OF THE COOPERATIVE OF WHICH THE PRODUCER
 IS A MEMBER, AND THE COMMISSIONER SHALL REMOVE SUCH PRODUCER'S NAME FROM
 THE LIST CERTIFIED BY SUCH COOPERATIVE.
   (4) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED  REGARDING
 A  PROPOSED ORDER, THE COMMISSIONER SHALL NOTIFY ALL MILK PRODUCERS THAT
 AN ORDER IS BEING CONSIDERED, AND THAT EACH PRODUCER  MAY  REGISTER  THE
 PRODUCER'S APPROVAL OR DISAPPROVAL WITH THE COMMISSIONER EITHER DIRECTLY
 OR THROUGH THE PRODUCER'S COOPERATIVE.
   (5)  THE  COMMISSIONER  MAY APPOINT A REFERENDUM ADVISORY COMMITTEE TO
 ASSIST AND ADVISE THE COMMISSIONER IN THE  CONDUCT  OF  THE  REFERENDUM.
 SUCH  COMMITTEE SHALL REVIEW REFERENDUM PROCEDURES AND THE TABULATION OF
 RESULTS AND SHALL ADVISE THE COMMISSIONER OF  ITS  FINDINGS.  THE  FINAL
 CERTIFICATION OF THE REFERENDUM RESULTS SHALL BE MADE BY THE COMMISSION-
 ER.  THE COMMITTEE SHALL CONSIST OF NOT LESS THAN THREE MEMBERS, NONE OF
 WHOM SHALL BE PERSONS DIRECTLY AFFECTED BY  THE  PROMOTION  ORDER  BEING
 VOTED  UPON. TWO MEMBERS SHALL BE REPRESENTATIVES OF GENERAL FARM ORGAN-
 IZATIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE ORDER BEING VOTED  UPON.
 THE  MEMBERS  OF  THE  COMMITTEE SHALL NOT RECEIVE A SALARY BUT SHALL BE
 ENTITLED TO ACTUAL AND REASONABLE EXPENSES INCURRED IN  THE  PERFORMANCE
 OF THEIR DUTIES.
   (6)  THE  COMMISSIONER MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN
 TEN PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER  AS  INDIVIDUALS  OR
 THROUGH  COOPERATIVE  REPRESENTATION  SHALL,  CALL A HEARING TO AMEND OR
 TERMINATE SUCH ORDER, AND ANY SUCH AMENDMENT  OR  TERMINATION  SHALL  BE
 EFFECTIVE ONLY UPON APPROVAL OF FIFTY-ONE PER CENTUM OF THE PRODUCERS OF
 MILK  FOR  THE  AREA  REGULATED  PARTICIPATING  IN  A REFERENDUM VOTE AS
 PROVIDED PURSUANT TO THIS PARAGRAPH.
 A. 10008--B                         7
 
   (C) THE COMMISSIONER SHALL  ADMINISTER  AND  ENFORCE  ANY  SUCH  DAIRY
 PROMOTION ORDER WHILE IT IS IN EFFECT, FOR THE PURPOSE OF:
   (I)  ENCOURAGING  THE  CONSUMPTION  OF  MILK  AND  DAIRY  PRODUCTS  BY
 ACQUAINTING CONSUMERS AND OTHERS WITH  THE  ADVANTAGES  AND  ECONOMY  OF
 USING MORE OF SUCH PRODUCTS.
   (II)  PROTECTING  THE  HEALTH  AND WELFARE OF CONSUMERS BY ASSURING AN
 ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS.
   (III) PROVIDING FOR RESEARCH PROGRAMS  DESIGNED  TO  DEVELOP  NEW  AND
 IMPROVED DAIRY PRODUCTS.
   (IV)  PROVIDING  FOR  RESEARCH PROGRAMS DESIGNED TO ACQUAINT CONSUMERS
 AND THE PUBLIC GENERALLY WITH THE EFFECTS OF THE USE OF MILK  AND  DAIRY
 PRODUCTS ON THE HEALTH OF SUCH CONSUMERS.
   (D)  CARRYING  OUT,  IN  OTHER WAYS, THE DECLARED POLICY AND INTENT OF
 THIS SECTION.
   4. PROVISIONS OF DAIRY PROMOTION ORDERS. ANY DAIRY PROMOTION ORDER  OR
 ORDERS MAY CONTAIN, AMONG OTHERS, ANY OR ALL OF THE FOLLOWING:
   (A)  PROVISION FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT
 TO THE REGULATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUCH
 ORDER AND TO PAY THE COST OF ADMINISTERING AND ENFORCING SUCH ORDER.  IN
 ORDER  TO COLLECT ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH
 MILK DEALER WHO RECEIVES MILK FROM PRODUCERS TO  DEDUCT  THE  AMOUNT  OF
 ASSESSMENT FROM MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIV-
 ERED.  THE  RATE  OF  SUCH  ASSESSMENT SHALL NOT EXCEED TWO PER CENT PER
 HUNDREDWEIGHT OF THE GROSS VALUE OF THE PRODUCER'S MILK, AND  THERE  MAY
 BE  CREDITED  AGAINST  ANY SUCH ASSESSMENT THE AMOUNTS PER HUNDREDWEIGHT
 OTHERWISE PAID BY  ANY  PRODUCER  COVERED  BY  THE  ORDER  BY  VOLUNTARY
 CONTRIBUTION  OR  OTHERWISE  PURSUANT TO ANY OTHER FEDERAL OR STATE MILK
 MARKET ORDER FOR ANY SIMILAR RESEARCH PROMOTION OR  PROGRAM.    NOTWITH-
 STANDING  THE  PROVISIONS  OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS
 SECTION, THE COMMISSIONER, UPON WRITTEN PETITION OF NO LESS  THAN  TWEN-
 TY-FIVE  PER  CENT  OF  PRODUCERS  IN THE AREA, EITHER AS INDIVIDUALS OR
 THROUGH COOPERATIVE REPRESENTATION, MAY CALL  A  HEARING  FOR  THE  SOLE
 PURPOSE  OF  ESTABLISHING  A  NEW  RATE  OF ASSESSMENT HEREUNDER AND MAY
 SUBMIT A PROPOSED CHANGE IN THE RATE OF ASSESSMENT TO THE PRODUCERS  FOR
 ACCEPTANCE  OR  REJECTION  WITHOUT  OTHERWISE  AFFECTING  THE ORDER. THE
 PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER  AS  INDIVID-
 UALS  OR THROUGH COOPERATIVE REPRESENTATION. NOTWITHSTANDING THE FOREGO-
 ING PROVISIONS OF THIS PARAGRAPH AND OF  PARAGRAPH  (B)  OF  SUBDIVISION
 THREE OF THIS SECTION, OR THE PROVISIONS OF ANY ORDER PROMULGATED PURSU-
 ANT TO THIS SECTION, THE RATE OF ASSESSMENT, FOR ANY PERIOD DURING WHICH
 A  DAIRY  PRODUCTS  PROMOTION AND RESEARCH ORDER ESTABLISHED PURSUANT TO
 THE FEDERAL DAIRY AND TOBACCO ADJUSTMENT ACT OF 1983 IS IN EFFECT, SHALL
 NOT BE LESS THAN AN AMOUNT EQUAL TO THE MAXIMUM CREDIT  WHICH  PRODUCERS
 PARTICIPATING  IN  THIS  STATE'S  DAIRY  PRODUCTS PROMOTION OR NUTRITION
 EDUCATION PROGRAMS MAY RECEIVE PURSUANT TO SUBDIVISION  (G)  OF  SECTION
 113 OF SUCH FEDERAL ACT.
   (B)  PROVISION  FOR  PAYMENTS TO ORGANIZATIONS ENGAGED IN CAMPAIGNS BY
 ADVERTISEMENTS OR OTHERWISE, INCLUDING PARTICIPATION IN SIMILAR REGIONAL
 OR NATIONAL PLANS OR CAMPAIGNS TO PROMOTE THE INCREASED  CONSUMPTION  OF
 MILK  AND DAIRY PRODUCTS, TO ACQUAINT THE PUBLIC WITH THE DIETARY ADVAN-
 TAGES OF MILK AND DAIRY PRODUCTS AND WITH THE ECONOMY OF THEIR INCLUSION
 IN THE DIET AND TO COMMAND, FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTEN-
 TION CONSISTENT WITH THEIR IMPORTANCE AND VALUE.
   (C) PROVISION FOR PAYMENTS TO INSTITUTIONS OR ORGANIZATIONS ENGAGED IN
 RESEARCH LEADING TO THE DEVELOPMENT OF NEW OR IMPROVED DAIRY PRODUCTS OR
 A. 10008--B                         8
 
 RESEARCH WITH RESPECT TO THE VALUE OF MILK AND  DAIRY  PRODUCTS  IN  THE
 HUMAN DIET.
   (D) PROVISION FOR REQUIRING RECORDS TO BE KEPT AND REPORTS TO BE FILED
 BY  MILK  DEALERS  WITH RESPECT TO MILK RECEIVED FROM PRODUCERS AND WITH
 RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
   (E) PROVISION FOR THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS FOR
 THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
   (F) PROVISION FOR AN ADVISORY BOARD AS HEREINAFTER INDICATED.
   (G) SUCH OTHER PROVISIONS  AS  MAY  BE  NECESSARY  TO  EFFECTUATE  THE
 DECLARED POLICIES OF THIS SECTION.
   5.  MATTERS  TO  BE CONSIDERED. IN CARRYING OUT THE PROVISIONS OF THIS
 SECTION AND PARTICULARLY IN DETERMINING WHETHER OR NOT A DAIRY PROMOTION
 ORDER SHALL BE ISSUED, THE COMMISSIONER SHALL TAKE  INTO  CONSIDERATION,
 AMONG OTHERS, FACTS AVAILABLE TO THEM WITH RESPECT TO THE FOLLOWING:
   (A)  THE  TOTAL  PRODUCTION  OF MILK IN THE AREA AND THE PROPORTION OF
 SUCH MILK BEING UTILIZED IN FLUID FORM AND IN OTHER PRODUCTS;
   (B) THE PRICES BEING RECEIVED FOR MILK BY PRODUCERS IN THE AREA;
   (C) THE LEVEL OF CONSUMPTION PER CAPITA FOR FLUID MILK  AND  OF  OTHER
 DAIRY PRODUCTS;
   (D) THE PURCHASING POWER OF CONSUMERS; AND
   (E)  OTHER  PRODUCTS  WHICH  COMPETE  WITH MILK AND DAIRY PRODUCTS AND
 PRICES OF SUCH PRODUCTS.
   6. INTERSTATE ORDERS FOR COMPACTS. THE COMMISSIONER IS  AUTHORIZED  TO
 CONFER  AND  COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER
 STATES AND OF THE UNITED STATES WITH RESPECT TO THE ISSUANCE AND  OPERA-
 TION  OF JOINT AND CONCURRENT DAIRY PROMOTION ORDERS OR OTHER ACTIVITIES
 TENDING TO CARRY OUT THE DECLARED INTENT OF THIS  SECTION.  THE  COMMIS-
 SIONER MAY JOIN WITH SUCH OTHER AUTHORITIES IN CONDUCTING JOINT INVESTI-
 GATIONS,  HOLDING  JOINT HEARINGS, AND ISSUING JOINT OR CONCURRENT ORDER
 OR ORDERS COMPLEMENTARY TO THOSE OF THE  FEDERAL  GOVERNMENT  AND  SHALL
 HAVE  THE  AUTHORITY TO EMPLOY OR DESIGNATE A JOINT AGENT OR JOINT AGEN-
 CIES TO CARRY OUT AND ENFORCE SUCH JOINT, CONCURRENT,  OR  SUPPLEMENTARY
 ORDERS.
   7.  PRIOR  ASSESSMENTS.  PRIOR  TO  THE  EFFECTIVE  DATE  OF ANY DAIRY
 PROMOTION ORDER AS  PROVIDED  IN  THIS  SECTION,  THE  COMMISSIONER  MAY
 REQUIRE  THAT  COOPERATIVES  WHICH HAVE PETITIONED FOR SUCH AN ORDER AND
 WHO HAVE APPROVED OF THE ISSUANCE OF SUCH AN ORDER, TO DEPOSIT WITH  THE
 COMMISSIONER  SUCH  AMOUNTS  AS  THE  COMMISSIONER MAY DEEM NECESSARY TO
 DEFRAY THE EXPENSE OF ADMINISTERING AND ENFORCING SUCH ORDER UNTIL  SUCH
 TIME  AS THE ASSESSMENTS AS HEREIN BEFORE PROVIDED ARE ADEQUATE FOR THAT
 PURPOSE. SUCH FUNDS SHALL BE RECEIVED, DEPOSITED, AND DISBURSED  BY  THE
 COMMISSIONER IN THE SAME MANNER AS OTHER FUNDS RECEIVED PURSUANT TO THIS
 SECTION  AND THE COMMISSIONER SHALL REIMBURSE THOSE WHO PAID THESE PRIOR
 ASSESSMENTS FROM OTHER FUNDS RECEIVED PURSUANT TO THIS SECTION.
   8. STATUS OF FUNDS. ANY MONEYS COLLECTED UNDER ANY MARKET ORDER ISSUED
 PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO BE STATE FUNDS AND SHALL
 BE DEPOSITED IN A BANK OR OTHER DEPOSITORY IN THIS  STATE,  APPROVED  BY
 THE  COMMISSIONER  AND  THE  STATE  COMPTROLLER, ALLOCATED TO EACH DAIRY
 PROMOTION ORDER UNDER WHICH THEY WERE COLLECTED, AND SHALL BE  DISBURSED
 BY  THE  COMMISSIONER  ONLY  FOR  THE NECESSARY EXPENSES INCURRED BY THE
 COMMISSIONER WITH RESPECT TO EACH SEPARATE ORDER, ALL IN ACCORDANCE WITH
 THE RULES AND REGULATIONS OF THE COMMISSIONER. ALL SUCH  EXPENSES  SHALL
 BE  AUDITED BY THE STATE COMPTROLLER AT LEAST ANNUALLY AND WITHIN THIRTY
 DAYS AFTER THE COMPLETION THEREOF THE STATE  COMPTROLLER  SHALL  GIVE  A
 COPY  THEREOF  TO  THE  COMMISSIONER.  ANY MONEYS REMAINING IN SUCH FUND
 ALLOCABLE TO A PARTICULAR ORDER, AFTER THE TERMINATION OF SUCH ORDER AND
 A. 10008--B                         9
 
 NOT REQUIRED BY THE COMMISSIONER TO DEFRAY  THE  EXPENSES  OF  OPERATING
 SUCH  ORDER,  MAY IN THE DISCRETION OF THE COMMISSIONER BE REFUNDED ON A
 PRO-RATA BASIS TO  ALL  PERSONS  FROM  WHOM  ASSESSMENTS  THEREFOR  WERE
 COLLECTED;  PROVIDED,  HOWEVER,  THAT IF THE COMMISSIONER FINDS THAT THE
 AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTA-
 TION AND REFUNDING OF SUCH MONEYS, THE COMMISSIONER MAY USE SUCH  MONEYS
 TO  DEFRAY  THE EXPENSES INCURRED BY THEM IN THE PROMULGATION, ISSUANCE,
 ADMINISTRATION OR ENFORCEMENT OF ANY OTHER SIMILAR DAIRY PROMOTION ORDER
 OR IN THE ABSENCE OF ANY OTHER SUCH DAIRY PROMOTION ORDER,  THE  COMMIS-
 SIONER  MAY  PAY  SUCH  MONEYS  TO  ANY  ORGANIZATION  OR INSTITUTION AS
 PROVIDED IN PARAGRAPH (B) OR (C) OF SUBDIVISION FOUR OF THIS SECTION.
   9. BUDGET. THE COMMISSIONER SHALL PREPARE A BUDGET  FOR  THE  ADMINIS-
 TRATION AND OPERATING COSTS AND EXPENSES INCLUDING ADVERTISING AND SALES
 PROMOTION  WHEN REQUIRED IN ANY DAIRY PROMOTION ORDER EXECUTED HEREUNDER
 AND TO PROVIDE FOR THE COLLECTION OF SUCH NECESSARY FEES OR  ASSESSMENTS
 TO  DEFRAY  COSTS  AND  EXPENSES,  IN  NO CASE TO EXCEED TWO PERCENT PER
 HUNDREDWEIGHT OF THE GROSS VALUE OF MILK MARKETED BY  PRODUCERS  IN  THE
 AREA COVERED BY THE ORDER.
   10.  ADVISORY  BOARD. (A) ANY DAIRY PROMOTION ORDER ISSUED PURSUANT TO
 THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD TO
 ADVISE AND ASSIST THE COMMISSIONER IN THE ADMINISTRATION OF SUCH  ORDER.
 THIS  BOARD  SHALL  CONSIST  OF  NOT LESS THAN FIVE MEMBERS AND SHALL BE
 APPOINTED BY THE COMMISSIONER FROM NOMINATIONS  SUBMITTED  BY  PRODUCERS
 MARKETING MILK IN THE AREA TO WHICH THE ORDER APPLIES. NOMINATING PROCE-
 DURE,  QUALIFICATION,  REPRESENTATION,  AND  SIZE  OF THE ADVISORY BOARD
 SHALL BE PRESCRIBED IN THE ORDER FOR WHICH SUCH BOARD WAS APPOINTED.
   (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
 ENTITLED TO REIMBURSEMENT OF THE MEMBER'S ACTUAL AND REASONABLE EXPENSES
 INCURRED WHILE PERFORMING SUCH MEMBER'S DUTIES AS AUTHORIZED HEREIN.
   (C) THE DUTIES AND RESPONSIBILITIES OF THE  ADVISORY  BOARD  SHALL  BE
 PRESCRIBED  BY  THE  COMMISSIONER, AND THE COMMISSIONER MAY SPECIFICALLY
 DELEGATE TO THE ADVISORY BOARD, BY  INCLUSION  IN  THE  DAIRY  PROMOTION
 ORDER, ALL OR ANY OF THE FOLLOWING DUTIES AND RESPONSIBILITIES:
   (I) THE RECOMMENDATION TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND
 REGULATIONS RELATING TO THE ORDER.
   (II)  RECOMMENDING TO THE COMMISSIONER SUCH AMENDMENTS TO THE ORDER AS
 SEEMS ADVISABLE.
   (III) THE PREPARATION AND SUBMISSION TO THE COMMISSIONER OF  AN  ESTI-
 MATED BUDGET REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
   (IV)  RECOMMENDING TO THE COMMISSIONER METHODS FOR ASSESSING PRODUCERS
 AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
   (V) ASSISTING THE COMMISSIONER  IN  THE  COLLECTION  AND  ASSEMBLY  OF
 INFORMATION  AND  DATA  NECESSARY  FOR  THE PROPER ADMINISTRATION OF THE
 ORDER.
   (VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER
 AS THE COMMISSIONER SHALL DESIGNATE.
   11. RULES AND REGULATIONS ENFORCEMENT. (A) THE COMMISSIONER MAY,  WITH
 THE  ADVICE  AND  ASSISTANCE  OF THE ADVISORY BOARD, MAKE AND ISSUE SUCH
 RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE  THE  PROVISIONS
 AND  INTENT  OF  THIS SECTION AND TO ENFORCE THE PROVISIONS OF ANY DAIRY
 PROMOTION ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW.
   (B) THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY  AS
 MAY  APPEAR  NECESSARY  TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS
 SECTION, OR ANY RULE OR REGULATION, OR DAIRY PROMOTION  ORDER  COMMITTED
 TO THE COMMISSIONER'S ADMINISTRATION, AND IN ADDITION TO ANY OTHER REME-
 DY  UNDER  ARTICLE  THREE  OF  THIS  CHAPTER OR OTHERWISE, MAY APPLY FOR
 A. 10008--B                        10
 
 RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
 BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT  LAW  DOES
 NOT  EXIST.  SUCH  APPLICATION SHALL BE MADE TO THE SUPREME COURT IN ANY
 DISTRICT  OR  COUNTY  PROVIDED IN THE CIVIL PRACTICE LAW OR RULES, OR TO
 THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
   § 2. The agriculture and markets law is amended by adding a new  arti-
 cle 25 to read as follows:
                                ARTICLE 25
                    MARKETING OF AGRICULTURAL PRODUCTS
 SECTION 291. LEGISLATIVE DECLARATION.
         292. DEFINITIONS.
         293. POWERS AND DUTIES OF THE COMMISSIONER.
         294. RULES AND REGULATIONS; ENFORCEMENT.
   § 291. LEGISLATIVE DECLARATION. IT IS HEREBY DECLARED THAT THE MARKET-
 ING  OF  AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS IN THIS STATE, IN
 EXCESS OF REASONABLE AND  NORMAL  MARKET  DEMANDS  THEREFOR;  DISORDERLY
 MARKETING  OF SUCH COMMODITIES; IMPROPER PREPARATION FOR MARKET AND LACK
 OF UNIFORM GRADING AND CLASSIFICATION OF  AGRICULTURAL  COMMODITIES  AND
 AQUATIC PRODUCTS; UNFAIR METHODS OF COMPETITION IN THE MARKETING OF SUCH
 COMMODITIES AND THE INABILITY OF INDIVIDUAL PRODUCERS TO DEVELOP NEW AND
 LARGER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS, RESULT
 IN  AN  UNREASONABLE  AND UNNECESSARY ECONOMIC WASTE OF THE AGRICULTURAL
 WEALTH OF THIS STATE. SUCH CONDITIONS AND THE ACCOMPANYING  WASTE  JEOP-
 ARDIZE THE FUTURE CONTINUED PRODUCTION OF ADEQUATE FOOD SUPPLIES FOR THE
 PEOPLE  OF  THIS  AND OTHER STATES. THESE CONDITIONS VITALLY CONCERN THE
 HEALTH, SAFETY, AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE.  IT  IS
 THEREFORE DECLARED THE LEGISLATIVE PURPOSE AND THE POLICY OF THIS STATE:
   1.  TO  ENABLE  AGRICULTURAL  PRODUCERS  AND AQUATIC PRODUCERS OF THIS
 STATE, WITH THE AID OF THE STATE,  MORE  EFFECTIVELY  TO  CORRELATE  THE
 MARKETING  OF  THEIR  AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS WITH
 MARKET DEMANDS THEREFOR.
   2. TO ESTABLISH ORDERLY, EFFICIENT, AND EQUITABLE MARKETING  OF  AGRI-
 CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
   3.  TO  PROVIDE FOR UNIFORM GRADING AND PROPER PREPARATION OF AGRICUL-
 TURAL COMMODITIES AND AQUATIC PRODUCTS FOR MARKET.
   4. TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND  LARGER
 MARKETS  FOR  AGRICULTURAL  COMMODITIES AND AQUATIC PRODUCTS PRODUCED IN
 NEW YORK.
   5. TO ELIMINATE OR REDUCE THE ECONOMIC WASTE IN THE MARKETING OF AGRI-
 CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
   6. TO ELIMINATE UNJUST IMPAIRMENT OF THE PURCHASING POWER  OF  AQUATIC
 PRODUCERS AND THE AGRICULTURAL PRODUCERS OF THIS STATE.
   7.  TO AID AGRICULTURAL AND AQUATIC PRODUCERS IN MAINTAINING AN INCOME
 AT AN ADEQUATE AND EQUITABLE LEVEL.
   § 292. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "AGRICULTURAL COMMODITY" MEANS ANY AND ALL AGRICULTURAL, HORTICUL-
 TURAL, VINEYARD PRODUCTS, CORN FOR GRAIN, OATS, SOYBEANS, BARLEY, WHEAT,
 POULTRY OR POULTRY PRODUCTS, BEES, MAPLE SAP  AND  PURE  MAPLE  PRODUCTS
 PRODUCED  THEREFROM,  CHRISTMAS  TREES,  LIVESTOCK, INCLUDING SWINE, AND
 HONEY, SOLD IN THE STATE EITHER IN THEIR NATURAL STATE OR  AS  PROCESSED
 BY  THE  PRODUCER  THEREOF  BUT  DOES NOT INCLUDE MILK, TIMBER OR TIMBER
 PRODUCTS, OTHER THAN CHRISTMAS TREES, ALL HAY, RYE  AND  LEGUMES  EXCEPT
 FOR SOYBEANS.
   2. "AQUACULTURE" MEANS THE CULTURE, CULTIVATION AND HARVEST OF AQUATIC
 PLANTS AND ANIMALS.
 A. 10008--B                        11
 
   3.  "AQUATIC  PRODUCTS"  MEANS  ANY  FOOD  OR  FIBER PRODUCTS OBTAINED
 THROUGH THE  PRACTICE  OF  AQUACULTURE,  INCLUDING  MARICULTURE;  OR  BY
 HARVEST  FROM  THE  SEA WHEN SUCH PRODUCTS ARE CULTURED OR LANDED IN NEW
 YORK STATE. SUCH PRODUCTS INCLUDE BUT ARE NOT LIMITED TO  FISH,  SHELLF-
 ISH, SEAWEED, OR OTHER WATER-BASED PLANT LIFE.
   4.  "PRODUCER" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN THE BUSI-
 NESS OF PRODUCING, OR CAUSING TO BE PRODUCED FOR ANY MARKET,  ANY  AGRI-
 CULTURAL COMMODITY OR AQUATIC PRODUCT.
   5.  "HANDLER"  MEANS  ANY  PERSON ENGAGED IN THE OPERATION OF PACKING,
 GRADING, SELLING, OFFERING FOR SALE, OR MARKETING ANY  MARKETABLE  AGRI-
 CULTURAL  COMMODITIES OR AQUATIC PRODUCTS, WHO AS OWNER, AGENT OR OTHER-
 WISE SHIPS OR CAUSES AN AGRICULTURAL COMMODITY TO BE SHIPPED.
   6. "PROCESSOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN  PROCESS-
 ING, OR IN THE OPERATION OF RECEIVING, GRADING, PACKING, CANNING, FREEZ-
 ING, DEHYDRATING, FERMENTING, DISTILLING, EXTRACTING, PRESERVING, GRIND-
 ING, CRUSHING, OR IN ANY OTHER WAY PRESERVING OR CHANGING THE FORM OF AN
 AGRICULTURAL  PRODUCT  OR  AQUATIC  PRODUCT FOR THE PURPOSE OF MARKETING
 SUCH COMMODITY BUT SHALL NOT INCLUDE A PERSON ENGAGED  IN  MANUFACTURING
 FROM  AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT ANOTHER AND DIFFERENT
 PRODUCT.
   7. "DISTRIBUTOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE, IN  SELL-
 ING,  OFFERING  FOR  SALE,  MARKETING  OR  DISTRIBUTING  AN AGRICULTURAL
 COMMODITY OR AQUATIC PRODUCT WHICH THEY HAVE PURCHASED OR ACQUIRED  FROM
 A  PRODUCER  OR  OTHER PERSON OR WHICH THEY ARE MARKETING ON BEHALF OF A
 PRODUCER OR OTHER PERSON, WHETHER AS OWNER, AGENT, EMPLOYEE,  BROKER  OR
 OTHERWISE,  BUT  SHALL  NOT INCLUDE A RETAILER, EXCEPT SUCH RETAILER WHO
 PURCHASES OR ACQUIRES FROM, OR HANDLES ON  BEHALF  OF  ANY  PRODUCER  OR
 OTHER  PERSON,  AN  AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SUBJECT TO
 REGULATION BY THE MARKETING AGREEMENT OR ORDER COVERING SUCH COMMODITY.
   8. "MARKETING AGREEMENT" MEANS AN AGREEMENT  ENTERED  INTO,  WITH  THE
 APPROVAL OF THE COMMISSIONER, BY PRODUCERS WITH DISTRIBUTORS, PROCESSORS
 AND  HANDLERS  REGULATING THE PREPARATION, SALE AND HANDLING OF AGRICUL-
 TURAL COMMODITIES OR AQUATIC PRODUCTS.
   9. "MARKETING ORDER" MEANS AN ORDER ISSUED BY THE COMMISSIONER  PURSU-
 ANT  TO  THIS  ARTICLE,  PRESCRIBING RULES AND REGULATIONS GOVERNING THE
 MARKETING FOR PROCESSING, THE DISTRIBUTING, THE SALE OF, OR THE HANDLING
 IN ANY MANNER OF ANY AGRICULTURAL COMMODITY OR AQUATIC PRODUCT  SOLD  IN
 THIS STATE DURING ANY SPECIFIED PERIOD OR PERIODS.
   §  293. POWERS AND DUTIES OF THE COMMISSIONER. 1. IN ORDER TO EFFECTU-
 ATE THE DECLARED POLICY OF THIS ARTICLE, THE COMMISSIONER MAY, AFTER DUE
 NOTICE AND OPPORTUNITY FOR HEARING, APPROVE MARKETING AGREEMENTS,  WHICH
 MARKETING  AGREEMENTS  SHALL  THEREUPON  BE BINDING UPON THE SIGNATORIES
 THERETO EXCLUSIVELY.
   2. THE COMMISSIONER MAY MAKE AND ISSUE  MARKETING  ORDERS,  AFTER  DUE
 NOTICE AND OPPORTUNITY FOR HEARING, SUBJECT TO:
   (A)  APPROVAL  OF NOT LESS THAN SIXTY-SIX AND TWO-THIRDS PER CENTUM OF
 THE PRODUCERS PARTICIPATING IN A REFERENDUM IN THE AREA AFFECTED, OR
   (B) APPROVAL OF NOT LESS THAN SIXTY-FIVE PER CENTUM OF  THE  PRODUCERS
 PARTICIPATING  IN  A  REFERENDUM  VOTE, IN THE AREA AFFECTED, AND HAVING
 MARKETED NOT LESS THAN FIFTY-ONE PER CENTUM OF THE TOTAL QUANTITY OF THE
 COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING MARKETING  SEASON  BY
 ALL PRODUCERS THAT VOTED IN THE REFERENDUM, OR
   (C)  APPROVAL  OF  NOT LESS THAN FIFTY-ONE PER CENTUM OF THE PRODUCERS
 PARTICIPATING IN A REFERENDUM VOTE, IN THE  AREA  AFFECTED,  AND  HAVING
 MARKETED  NOT  LESS  THAN SIXTY-FIVE PER CENTUM OF THE TOTAL QUANTITY OF
 A. 10008--B                        12

 THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING MARKETING  SEASON
 BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM.
   3. THE COMMISSIONER MAY AND UPON WRITTEN PETITION DULY SIGNED BY TWEN-
 TY-FIVE  PER  CENTUM OF THE PRODUCERS IN THE AREA SHALL, AMEND OR TERMI-
 NATE SUCH ORDER AFTER  DUE  NOTICE  AND  OPPORTUNITY  FOR  HEARING,  BUT
 SUBJECT  TO  THE  APPROVAL  OF  NOT  LESS  THAN FIFTY PER CENTUM OF SUCH
 PRODUCERS PARTICIPATING IN A REFERENDUM VOTE.
   4. THE COMMISSIONER SHALL ADMINISTER AND ENFORCE ANY MARKETING  ORDER,
 WHILE IT IS IN EFFECT, TO:
   (A)  ENCOURAGE  AND  MAINTAIN  STABLE PRICES RECEIVED BY PRODUCERS FOR
 SUCH AGRICULTURAL COMMODITY AND AQUATIC PRODUCT  AT  A  LEVEL  WHICH  IS
 CONSISTENT WITH THE PROVISIONS AND AIMS OF THIS ARTICLE.
   (B)  PREVENT  THE  UNREASONABLE OR UNNECESSARY WASTE OF LAND OR WATER-
 BASED WEALTH.
   (C) PROTECT THE INTERESTS OF CONSUMERS OF SUCH COMMODITY, BY  EXERCIS-
 ING  THE POWERS OF THIS ARTICLE TO SUCH EXTENT AS IS NECESSARY TO EFFEC-
 TUATE THE PURPOSES OF THIS ARTICLE.
   (D) PREPARE A BUDGET FOR THE ADMINISTRATION AND  OPERATING  COSTS  AND
 EXPENSES  INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY
 MARKETING AGREEMENT OR ORDER EXECUTED HEREUNDER AND TO PROVIDE  FOR  THE
 COLLECTION  OF SUCH NECESSARY FEES TO DEFRAY SUCH COSTS AND EXPENSES, IN
 NO CASE TO EXCEED FIVE PERCENT OF THE GROSS DOLLAR VOLUME  OF  SALES  OR
 DOLLAR VOLUME OF PURCHASES OR AMOUNTS HANDLED, TO BE COLLECTED FROM EACH
 PERSON ENGAGED IN THE PRODUCTION, PROCESSING, DISTRIBUTING OR THE HANDL-
 ING  OF  ANY  MARKETABLE  AGRICULTURAL  COMMODITY  AND  AQUATIC  PRODUCT
 PRODUCED OR LANDED IN THIS STATE AND DIRECTLY AFFECTED BY ANY  MARKETING
 ORDER ISSUED PURSUANT TO THIS ARTICLE FOR SUCH COMMODITY.
   (E)  CONFER  AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF
 OTHER STATES AND THE UNITED STATES.
   5. ANY MARKETING AGREEMENT OR ORDER ISSUED BY THE COMMISSIONER  PURSU-
 ANT TO THIS ARTICLE MAY CONTAIN ANY OR ALL OF THE FOLLOWING:
   (A) PROVISIONS FOR DETERMINING THE EXISTENCE AND EXTENT OF THE SURPLUS
 OF  ANY AGRICULTURAL COMMODITY, OR OF ANY GRADE, SIZE, OR QUALITY THERE-
 OF, AND PROVIDING FOR THE REGULATION AND DISPOSITION OF SUCH SURPLUS.
   (B) PROVISIONS FOR LIMITING THE TOTAL  QUANTITY  OF  ANY  AGRICULTURAL
 PRODUCT,  OR  OF  ANY  GRADE  OR  GRADES,  SIZE  OR SIZES, OR QUALITY OR
 PORTIONS OR COMBINATIONS THEREOF, WHICH MAY BE MARKETED DURING ANY SPEC-
 IFIED PERIOD OR PERIODS. SUCH TOTAL QUANTITY OF ANY  SUCH  COMMODITY  SO
 REGULATED  SHALL  NOT  BE  LESS THAN THE QUANTITY WHICH THE COMMISSIONER
 SHALL FIND IS REASONABLY  NECESSARY  TO  SUPPLY  THE  MARKET  DEMAND  OF
 CONSUMERS FOR SUCH COMMODITY.
   (C)  PROVISIONS  REGULATING  THE  PERIOD, OR PERIODS, DURING WHICH ANY
 AGRICULTURAL COMMODITY, OR ANY GRADE OR GRADES, SIZE OR SIZES OR QUALITY
 OR PORTIONS OR COMBINATIONS OF SUCH COMMODITY, MAY BE MARKETED.
   (D) PROVISIONS FOR THE ESTABLISHMENT OF  UNIFORM  GRADING,  STANDARDS,
 AND  INSPECTION  OF ANY AGRICULTURAL COMMODITY DELIVERED BY PRODUCERS OR
 OTHER PERSONS TO HANDLERS, PROCESSORS, DISTRIBUTORS OR  OTHERS  ENGAGING
 IN  THE HANDLING THEREOF, AND FOR THE ESTABLISHMENT OF GRADING OR STAND-
 ARDS OF QUALITY, CONDITION, SIZE, MATURITY OR PACK FOR ANY  AGRICULTURAL
 COMMODITY,  AND  THE INSPECTION AND GRADING OF SUCH COMMODITY IN ACCORD-
 ANCE WITH SUCH GRADING OR STANDARDS SO ESTABLISHED; AND  FOR  PROVISIONS
 THAT  NO PRODUCER, HANDLER, PROCESSOR OR DISTRIBUTOR OF ANY AGRICULTURAL
 COMMODITY FOR WHICH GRADING OR STANDARDS ARE SO ESTABLISHED MAY,  EXCEPT
 AS  OTHERWISE PROVIDED IN SUCH MARKETING AGREEMENT OR ORDER, SELL, OFFER
 FOR SALE, PROCESS, DISTRIBUTE OR OTHERWISE  HANDLE  ANY  SUCH  COMMODITY
 WHETHER PRODUCED WITHIN OR WITHOUT THIS STATE, NOT MEETING AND COMPLYING
 A. 10008--B                        13
 
 WITH  SUCH  ESTABLISHED  GRADING  OR STANDARDS. FOR THE PURPOSES OF THIS
 ARTICLE,  THE  FEDERAL-STATE  INSPECTION  SERVICE  SHALL   PERFORM   ALL
 INSPECTIONS MADE NECESSARY BY SUCH PROVISIONS.
   (E)  PROVISIONS FOR THE ESTABLISHMENT OF RESEARCH PROGRAMS DESIGNED TO
 BENEFIT A SPECIFIED COMMODITY OR NEW YORK AGRICULTURE IN GENERAL.
   (F) SUCH OTHER PROVISIONS  AS  MAY  BE  NECESSARY  TO  EFFECTUATE  THE
 DECLARED POLICIES OF THIS ARTICLE.
   (G)  PROVISIONS TO ESTABLISH MARKETING PROMOTION AND RESEARCH PROGRAMS
 FOR AQUATIC PRODUCTS WHICH MAY INCLUDE PARAGRAPHS  (A)  THROUGH  (F)  OF
 THIS SUBDIVISION.
   6. THE COMMISSIONER MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC-
 TIVE MARKETING ORDER FOR A CONTINUING PERIOD OF NO LONGER THAN ONE GROW-
 ING  AND  MARKETING  SEASON,  IF THE PURPOSES OF THIS ARTICLE ARE DEEMED
 UNNECESSARY DURING SUCH SEASON.
   7. IN CARRYING OUT THE PURPOSES  OF  THIS  ARTICLE,  THE  COMMISSIONER
 SHALL  TAKE  INTO CONSIDERATION ANY AND ALL FACTS AVAILABLE TO THEM WITH
 RESPECT TO THE FOLLOWING ECONOMIC FACTORS:
   (A) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY AVAILABLE FOR DISTRIB-
 UTION.
   (B) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY NORMALLY  REQUIRED  BY
 CONSUMERS.
   (C) THE COST OF PRODUCING SUCH AGRICULTURAL COMMODITY.
   (D) THE PURCHASING POWER OF CONSUMERS.
   (E)  THE  LEVEL OF PRICES OF COMMODITIES, SERVICES, AND ARTICLES WHICH
 THE FARMERS COMMONLY BUY.
   (F) THE LEVEL OF PRICES OF OTHER COMMODITIES WHICH COMPETE WITH OR ARE
 UTILIZED AS SUBSTITUTES FOR SUCH AGRICULTURAL COMMODITY.
   8. THE EXECUTION OF SUCH  MARKETING  AGREEMENTS  SHALL  IN  NO  MANNER
 AFFECT  THE  ISSUANCE,  ADMINISTRATION  OR  ENFORCEMENT OF ANY MARKETING
 ORDER PROVIDED FOR IN THIS ARTICLE.  THE  COMMISSIONER  MAY  ISSUE  SUCH
 MARKETING ORDER WITHOUT EXECUTING A MARKETING AGREEMENT OR MAY EXECUTE A
 MARKETING  AGREEMENT WITHOUT ISSUING A MARKETING ORDER COVERING THE SAME
 COMMODITY.  THE COMMISSIONER, IN THEIR DISCRETION, MAY HOLD A CONCURRENT
 HEARING UPON A PROPOSED MARKETING AGREEMENT  AND  A  PROPOSED  MARKETING
 ORDER  IN  THE MANNER PROVIDED FOR GIVING DUE NOTICE AND OPPORTUNITY FOR
 HEARING FOR A MARKETING ORDER AS PROVIDED IN THIS ARTICLE.
   9. PRIOR TO THE ISSUANCE, AMENDMENT OR TERMINATION  OF  ANY  MARKETING
 ORDER,  THE  COMMISSIONER  MAY REQUIRE THE APPLICANTS FOR SUCH ISSUANCE,
 AMENDMENT, OR TERMINATION TO DEPOSIT WITH THEM SUCH AMOUNT AS  THEY  MAY
 DEEM  NECESSARY TO DEFRAY THE EXPENSES OF PREPARING AND MAKING EFFECTIVE
 AMENDING OR TERMINATING A MARKETING ORDER. SUCH FUNDS SHALL BE RECEIVED,
 DEPOSITED, AND DISBURSED BY THE COMMISSIONER IN THE SAME MANNER AS OTHER
 FEES RECEIVED BY THE COMMISSIONER UNDER THIS ARTICLE AND, IN  THE  EVENT
 THE  APPLICATION  FOR  ADOPTION, AMENDMENT OR TERMINATION OF A MARKETING
 ORDER IS APPROVED IN A REFERENDUM, THE COMMISSIONER SHALL REIMBURSE  ANY
 SUCH  APPLICANT  IN  THE  AMOUNT OF ANY SUCH DEPOSIT FROM ANY UNEXPENDED
 MONIES COLLECTED UNDER THE MARKETING ORDER AFFECTED BY SUCH REFERENDUM.
   10. ANY MONEYS COLLECTED BY THE COMMISSIONER PURSUANT TO THIS  ARTICLE
 SHALL  NOT  BE  DEEMED  STATE  FUNDS AND SHALL BE DEPOSITED IN A BANK OR
 OTHER DEPOSITORY IN THIS STATE, APPROVED BY THE COMMISSIONER,  ALLOCATED
 TO  EACH  MARKETING  ORDER  UNDER WHICH THEY ARE COLLECTED, AND SHALL BE
 DISBURSED BY THE COMMISSIONER ONLY FOR THE NECESSARY  EXPENSES  INCURRED
 BY  THE COMMISSIONER WITH RESPECT TO EACH SUCH SEPARATE MARKETING ORDER,
 ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS  OF  THE  COMMISSIONER.
 ALL SUCH EXPENDITURES SHALL BE AUDITED BY THE STATE COMPTROLLER AT LEAST
 ANNUALLY  AND  WITHIN THIRTY DAYS AFTER THE COMPLETION THEREOF THE STATE
 A. 10008--B                        14
 
 COMPTROLLER SHALL GIVE A COPY THEREOF TO THE  COMMISSIONER.  ANY  MONEYS
 REMAINING IN SUCH FUND ALLOCABLE TO ANY PARTICULAR COMMODITY AFFECTED BY
 A  MARKETING  ORDER  MAY,  IN  THE  DISCRETION  OF  THE COMMISSIONER, BE
 REFUNDED  AT  THE CLOSE OF ANY MARKETING SEASON UPON A PRO-RATA BASIS TO
 ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED  OR,  WHENEVER
 THE  COMMISSIONER  FINDS THAT SUCH MONEYS MAY BE NECESSARY TO DEFRAY THE
 COST OF OPERATING SUCH MARKETING ORDER IN A SUCCEEDING MARKETING SEASON,
 THEY MAY CARRY OVER ALL OR ANY PORTION OF SUCH MONEYS INTO THE NEXT SUCH
 SUCCEEDING SEASON. UPON THE  TERMINATION  BY  THE  COMMISSIONER  OF  ANY
 MARKETING  ORDER,  ALL  MONEYS REMAINING AND NOT REQUIRED BY THE COMMIS-
 SIONER TO DEFRAY THE EXPENSES OF OPERATING SUCH MARKETING  ORDER,  SHALL
 BE  REFUNDED  BY  THE  COMMISSIONER UPON A PRO-RATA BASIS TO ALL PERSONS
 FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED,  HOWEVER,  THAT
 IF THE COMMISSIONER FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS
 TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH REFUNDS, THE
 COMMISSIONER  MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY THE
 COMMISSIONER IN THE FORMULATION, ISSUANCE, ADMINISTRATION OR ENFORCEMENT
 OF ANY SUBSEQUENT MARKETING ORDER FOR SUCH COMMODITY.
   11. ADVISORY BOARD. (A) ANY MARKETING ORDER ISSUED  PURSUANT  TO  THIS
 ARTICLE  SHALL  PROVIDE  FOR  THE ESTABLISHMENT OF AN ADVISORY BOARD, TO
 CONSIST OF NOT LESS THAN FIVE MEMBERS NOR MORE  THAN  NINE  MEMBERS,  TO
 ADVISE THE COMMISSIONER IN THE ADMINISTRATION OF SUCH MARKETING ORDER IN
 ACCORDANCE  WITH  ITS  TERMS  AND  PROVISIONS. THE MEMBERS OF SUCH BOARD
 SHALL BE APPOINTED BY THE COMMISSIONER FROM  NOMINATIONS  RECEIVED  FROM
 THE  COMMODITY GROUP FOR WHICH THE MARKETING ORDER IS ESTABLISHED. NOMI-
 NATING PROCEDURE, QUALIFICATION, REPRESENTATION, AND SIZE OF  THE  ADVI-
 SORY  BOARD  SHALL  BE PRESCRIBED IN EACH MARKETING ORDER FOR WHICH SUCH
 BOARD IS APPOINTED. EACH  ADVISORY  BOARD  SHALL  BE  COMPOSED  OF  SUCH
 PRODUCERS  AND  HANDLERS  OR  PROCESSORS AS ARE DIRECTLY AFFECTED BY THE
 MARKETING ORDER IN SUCH PROPORTION OF REPRESENTATION AS THE ORDER  SHALL
 PRESCRIBE.  THE  COMMISSIONER  MAY  APPOINT  ONE PERSON WHO IS NEITHER A
 PRODUCER NOR PROCESSOR NOR OTHER HANDLER TO REPRESENT THE DEPARTMENT  OF
 AGRICULTURE AND MARKETS OR THE PUBLIC GENERALLY.
   (B)  NO  MEMBER  OF AN ADVISORY BOARD SHALL RECEIVE A SALARY, BUT EACH
 SHALL BE ENTITLED TO REIMBURSEMENT  FOR  THE  MEMBER'S  ACTUAL  EXPENSES
 INCURRED  WHILE ENGAGED IN PERFORMING THE MEMBER'S DUTIES HEREIN AUTHOR-
 IZED.
   (C) THE DUTIES AND RESPONSIBILITIES OF EACH ADVISORY  BOARD  SHALL  BE
 PRESCRIBED  BY  THE  COMMISSIONER, AND THEY MAY SPECIFICALLY DELEGATE TO
 THE ADVISORY BOARD, BY INCLUSION IN THE MARKETING ORDER, ALL OR  ANY  OF
 THE FOLLOWING DUTIES AND RESPONSIBILITIES:
   (I) THE RECOMMENDATION TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND
 REGULATIONS RELATING TO THE MARKETING ORDER.
   (II) RECOMMENDING TO THE COMMISSIONER SUCH AMENDMENTS TO THE MARKETING
 ORDER AS SEEM ADVISABLE.
   (III)  THE PREPARATION AND SUBMISSION TO THE COMMISSIONER OF THE ESTI-
 MATED BUDGET REQUIRED OR THE PROPER OPERATION OF THE MARKETING ORDER.
   (IV) RECOMMENDING TO THE COMMISSIONER METHODS FOR ASSESSING MEMBERS OF
 THE INDUSTRY AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
   (V) ASSISTING THE COMMISSIONER IN THE  COLLECTION  AND  ASSEMBLING  OF
 INFORMATION  AND  DATA  NECESSARY  TO  THE  PROPER ADMINISTRATION OF THE
 ORDER.
   (VI) THE PERFORMANCE OF SUCH  OTHER  DUTIES  IN  CONNECTION  WITH  THE
 MARKETING ORDER AS THE COMMISSIONER SHALL DESIGNATE.
   §  294.  RULES  AND  REGULATIONS; ENFORCEMENT. 1. THE COMMISSIONER MAY
 MAKE AND PROMULGATE SUCH RULES AND REGULATIONS AS MAY  BE  NECESSARY  TO
 A. 10008--B                        15
 
 EFFECTUATE  THE PROVISIONS AND INTENT OF THIS ARTICLE AND TO ENFORCE THE
 PROVISION OF ANY MARKETING AGREEMENT OR ORDER, ALL OF WHICH  SHALL  HAVE
 THE FORCE AND EFFECT OF LAW.
   2.  THE  COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS
 MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY  PROVISION  OF  THIS
 ARTICLE,  OR  ANY  RULE  OR  REGULATION,  MARKETING  AGREEMENT OR ORDER,
 COMMITTED TO THE COMMISSIONER'S ADMINISTRATION, AND IN ADDITION  TO  ANY
 OTHER  REMEDY UNDER ARTICLE THREE OF THIS CHAPTER OR OTHERWISE MAY APPLY
 FOR RELIEF BY INJUNCTION IF NECESSARY TO  PROTECT  THE  PUBLIC  INTEREST
 WITHOUT  BEING  COMPELLED  TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT
 LAW DOES NOT EXIST. SUCH APPLICATION MAY BE MADE TO THE SUPREME COURT IN
 ANY DISTRICT OR COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND  RULES,
 OR TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
   §  3.  Sections 16-x, 16-y and 16-z of section 1 of chapter 174 of the
 laws of 1968, constituting the New York state urban  development  corpo-
 ration act, are REPEALED.
   §  4.  Notwithstanding  the  repeal of sections 16-x, 16-y and 16-z of
 section 1 of chapter 174 of the laws of 1968, constituting the New  York
 state  urban  development  corporation  act pursuant to section three of
 this act the marketing orders, and the  regulatory  provisions  relating
 thereto, set forth under parts 40, 200, 201, 203, 204 and 205 of title 1
 of the New York codes, rules and regulations, shall remain in full force
 and effect.
   §  5.  Notwithstanding  the  repeal of sections 16-x, 16-y and 16-z of
 section 1 of chapter 174 of the laws of 1968, constituting the New  York
 state  urban  development  corporation  act pursuant to section three of
 this act, all contracts entered into pursuant to such repealed  sections
 that  continue  in force and effect after the effective date of this act
 and shall be assigned to the department of agriculture and markets,  and
 all  undisbursed funds under the control of the urban development corpo-
 ration in connection with the marketing orders shall be  transferred  to
 the  department  of agriculture and markets on or before the forty-fifth
 day following the effective date of this act; and  any  assessments  due
 and payable under such marketing orders shall be remitted to the depart-
 ment  of  agriculture and markets beginning upon the thirtieth day after
 the effective date of this act.
   § 6. This act shall take effect July 1, 2026.
 
                                  PART K

   Section 1. Paragraph (d) of subdivision 1 of section 210-B of the  tax
 law,  as  amended  by  section  1 of part C of chapter 59 of the laws of
 2023, is amended to read as follows:
   (d) Except as otherwise provided in this paragraph, the credit allowed
 under this subdivision for any taxable year shall not reduce the tax due
 for such year to less than the fixed dollar minimum amount prescribed in
 paragraph (d) of subdivision one of section  two  hundred  ten  of  this
 article.  However, if the amount of credit allowable under this subdivi-
 sion 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 allowed for a  taxable  year  commencing  prior  to
 January  first, nineteen hundred eighty-seven and not deductible in such
 taxable year may be carried over to the following year or years and  may
 be  deducted  from  the  taxpayer's tax for such year or years but in no
 event shall such credit be carried over to taxable years  commencing  on
 or  after  January  first,  two  thousand  two, and any amount of credit
 A. 10008--B                        16
 
 allowed for a taxable year commencing on or after January  first,  nine-
 teen hundred eighty-seven and not deductible in such year may be carried
 over  to  the fifteen taxable years next following such taxable year and
 may be deducted from the taxpayer's tax for such year or years.  In lieu
 of  such carryover, (i) any such taxpayer which qualifies as a new busi-
 ness under paragraph (f) of this subdivision  may  elect  to  treat  the
 amount  of  such  carryover  as  an overpayment of tax to be credited or
 refunded in accordance with the provisions of section ten hundred eight-
 y-six of this chapter, and (ii) any such taxpayer that  is  an  eligible
 farmer,  as defined in subdivision eleven of this section, may for taxa-
 ble years beginning before January first,  two  thousand  [twenty-eight]
 THIRTY-THREE, elect to treat the amount of such carryover as an overpay-
 ment 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 ten hundred eighty-eight  of
 this chapter notwithstanding, no interest shall be paid thereon.
   §  2.  Paragraph 5 of subsection (a) of section 606 of the tax law, as
 amended by section 2 of part C of chapter 59 of the  laws  of  2023,  is
 amended to read as follows:
   (5)  If  the  amount of credit allowable under this subsection for any
 taxable year shall exceed the taxpayer's tax for such year,  the  excess
 allowed  for  a taxable year commencing prior to January first, nineteen
 hundred eighty-seven may be carried over to the following year or  years
 and  may be deducted from the taxpayer's tax for such year or years, but
 in no event shall such credit be carried over to taxable years  commenc-
 ing  on  or  after January first, nineteen hundred ninety-seven, and any
 amount of credit allowed for a taxable year commencing on or after Janu-
 ary first, nineteen hundred eighty-seven and not deductible in such year
 may be carried over to the ten taxable years next following such taxable
 year and may be deducted from the taxpayer's tax for such year or years.
 In lieu of carrying over any such excess, (A) a taxpayer  who  qualifies
 as  an  owner  of  a  new business for purposes of paragraph ten of this
 subsection may, at the taxpayer's  option,  receive  such  excess  as  a
 refund,  and  (B)  a  taxpayer  that is an eligible farmer as defined in
 subsection (n) of this section may, at the taxpayer's option, for  taxa-
 ble  years  beginning  before January first, two thousand [twenty-eight]
 THIRTY-THREE, receive such excess as a refund. Any refund paid  pursuant
 to  this  paragraph  shall be deemed to be a refund of an overpayment of
 tax as provided in section  six  hundred  eighty-six  of  this  article,
 provided, however, that no interest shall be paid thereon.
   § 3. This act shall take effect immediately.
 
                                  PART L
 
                           Intentionally Omitted
 
                                  PART M

                           Intentionally Omitted
 
                                  PART N
 
                           Intentionally Omitted
 A. 10008--B                        17
 
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P
 
                           Intentionally Omitted
 
                                  PART Q
 
                           Intentionally Omitted
 
                                  PART R
 
                           Intentionally Omitted
 
                                  PART S
 
                           Intentionally Omitted
 
                                  PART T
 
   Section  1. Section 2 of chapter 584 of the laws of 2011, amending the
 public authorities law relating to the powers and duties of the dormito-
 ry authority of the state of New York relative to the  establishment  of
 subsidiaries  for certain purposes, as amended by section 1 of part V of
 chapter 58 of the laws of 2024, is amended to read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed on July 1, [2026] 2028; provided however, that the expi-
 ration  of  this  act  shall  not  impair or otherwise affect any of the
 powers, duties, responsibilities, functions, rights  or  liabilities  of
 any  subsidiary  duly  created  pursuant  to  subdivision twenty-five of
 section 1678 of the public authorities law prior to such expiration.
   § 2. This act shall take effect immediately.
 
                                  PART U
 
                           Intentionally Omitted

                                  PART V
 
   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 EE of chapter 58 of the
 laws of 2025, 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, [2026] 2027.
   § 2. This act shall take effect immediately.
 A. 10008--B                        18
 
                                  PART W
 
   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 FF of chapter 58 of the laws of 2025, 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, [2026] 2027, at which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban development corporation act shall be  deemed  repealed;  provided,
 however,  that neither the expiration nor the repeal of such subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any loan made pursuant to the authority of  such  subdivision  prior  to
 such expiration and repeal.
   § 2. This act shall take effect immediately.
 
                                  PART X

                           Intentionally Omitted
 
                                  PART Y
 
                           Intentionally Omitted
 
                                  PART Z
 
                           Intentionally Omitted
 
                                  PART AA
 
   Section 1. The general business law is amended by adding a new article
 42-A to read as follows:
                               ARTICLE 42-A
                               DATA BROKERS
 SECTION 1150. DEFINITIONS.
         1151. JURISDICTIONAL SCOPE.
         1152. REGISTRATION OF DATA BROKERS.
         1153. DATA DELETION MECHANISM.
         1154. AUDIT.
         1155. RULEMAKING.
         1156. POWERS, DUTIES AND ADJUDICATORY PROCEEDINGS.
         1157. ASSESSMENTS.
         1158. ENFORCEMENT.
   §  1150.  DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY THROUGHOUT THIS
 ARTICLE UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE:
   1. "ARTIFICIAL INTELLIGENCE  SYSTEM  OR  MODEL"  MEANS  AN  ARTIFICIAL
 INTELLIGENCE  THAT  CAN  GENERATE  DERIVED  SYNTHETIC CONTENT, INCLUDING
 TEXT, IMAGES, VIDEO, AND AUDIO, THAT EMULATES THE STRUCTURE AND  CHARAC-
 TERISTICS OF THE SYSTEM'S TRAINING DATA.
   2. "BIOMETRIC DATA" MEANS ANY MEASURABLE PHYSICAL, BEHAVIORAL OR PHYS-
 IOLOGICAL  CHARACTERISTICS  THAT  IS  ATTRIBUTABLE  TO A NATURAL PERSON,
 INCLUDING, BUT NOT LIMITED TO, FACIAL CHARACTERISTICS, FINGERPRINT CHAR-
 A. 10008--B                        19

 ACTERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHARACTER-
 ISTICS, AND ANY OTHER CHARACTERISTICS THAT CAN BE  USED  TO  IDENTIFY  A
 PERSON,  INCLUDING  BUT  NOT  LIMITED TO, FINGERPRINTS, HANDPRINTS, IRIS
 PATTERNS  OR  RETINA  SCANS, DNA SEQUENCE, VOICE, GAIT, AND FACIAL GEOM-
 ETRY.  "BIOMETRIC DATA" DOES NOT INCLUDE A DIGITAL  OR  PHYSICAL  PHOTO-
 GRAPH, AN AUDIO OR VIDEO RECORDING, OR ANY DATA GENERATED FROM A DIGITAL
 OR PHYSICAL PHOTOGRAPH, OR AN AUDIO OR VIDEO RECORDING, UNLESS SUCH DATA
 IS GENERATED TO IDENTIFY A SPECIFIC INDIVIDUAL.
   3. "CONSUMER" MEANS A NATURAL PERSON WHO IS A NEW YORK RESIDENT ACTING
 ONLY  IN  AN  INDIVIDUAL  OR  HOUSEHOLD  CONTEXT.  IT DOES NOT INCLUDE A
 NATURAL PERSON KNOWN TO  BE  ACTING  IN  A  PROFESSIONAL  OR  EMPLOYMENT
 CONTEXT.
   4.  "DARK  PATTERNS"  MEANS  USER  INTERFACES  THAT  SUBVERT OR IMPAIR
 CONSUMERS' AUTONOMY, DECISION MAKING, OR  CHOICE  WHEN  ASSERTING  THEIR
 PRIVACY RIGHTS OR CONSENTING.
   5.  "DATA BROKER" MEANS A PERSON OR ENTITY THAT KNOWINGLY COLLECTS AND
 SELLS TO THIRD PARTIES THE PERSONAL INFORMATION OF A CONSUMER WITH  WHOM
 THE PERSON OR ENTITY DOES NOT HAVE A DIRECT RELATIONSHIP.
   6. "FOREIGN ACTOR" MEANS EITHER:
   (A) THE GOVERNMENT OF A FOREIGN ADVERSARY COUNTRY.
   (B)  A  PARTNERSHIP,  ASSOCIATION, CORPORATION, ORGANIZATION, OR OTHER
 COMBINATION OF PERSONS ORGANIZED UNDER THE LAWS OF OR HAVING ITS PRINCI-
 PAL PLACE OF BUSINESS IN A FOREIGN ADVERSARY COUNTRY.
   7. "FOREIGN ADVERSARY  COUNTRY"  HAS  THE  SAME  MEANING  AS  "COVERED
 NATION"  AS  DEFINED  IN  SECTION  4872 OF TITLE 10 OF THE UNITED STATES
 CODE.
   8. "MINOR" MEANS A NATURAL PERSON UNDER THE AGE OF EIGHTEEN.
   9. "PERSONAL INFORMATION" MEANS ANY  DATA  THAT  IDENTIFIES  OR  COULD
 REASONABLY  BE  LINKED,  DIRECTLY OR INDIRECTLY, WITH A SPECIFIC NATURAL
 PERSON, OR HOUSEHOLD. "PERSONAL INFORMATION" DOES NOT INCLUDE  DEIDENTI-
 FIED  DATA,  INFORMATION  THAT  IS LAWFULLY MADE PUBLICLY AVAILABLE FROM
 FEDERAL, STATE OR  LOCAL  GOVERNMENT  RECORDS,  OR  INFORMATION  THAT  A
 CONTROLLER  HAS A REASONABLE BASIS TO BELIEVE IS LAWFULLY MADE AVAILABLE
 TO THE GENERAL PUBLIC BY THE CONSUMER OR FROM WIDELY DISTRIBUTED MEDIA.
   10. "PRECISE GEOLOCATION DATA" MEANS INFORMATION DERIVED FROM TECHNOL-
 OGY, INCLUDING, BUT NOT LIMITED  TO,  GLOBAL  POSITIONING  SYSTEM  LEVEL
 LATITUDE  AND  LONGITUDE  COORDINATES OR OTHER MECHANISMS, THAT DIRECTLY
 IDENTIFIES THE SPECIFIC LOCATION OF AN  INDIVIDUAL  WITH  PRECISION  AND
 ACCURACY  WITHIN  A  RADIUS  OF  ONE  THOUSAND SEVEN HUNDRED FIFTY FEET,
 EXCEPT AS PRESCRIBED BY REGULATIONS. PRECISE GEOLOCATION DATA  DOES  NOT
 INCLUDE  THE  CONTENT  OF  COMMUNICATIONS  OR  ANY  DATA GENERATED BY OR
 CONNECTED TO ADVANCE UTILITY METERING INFRASTRUCTURE SYSTEMS  OR  EQUIP-
 MENT FOR USE BY A UTILITY.
   11. "PROTECTED HEALTH INFORMATION" HAS THE SAME MEANING AS IN TITLE 45
 C.F.R., ESTABLISHED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTABILITY
 AND ACCOUNTABILITY ACT OF 1996.
   12.  "VERIFIABLE  CONSUMER  REQUEST" MEANS A REQUEST THAT IS MADE BY A
 CONSUMER, BY A CONSUMER ON BEHALF OF SUCH CONSUMER'S MINOR CHILD, OR  BY
 A  PERSON  WHO  HAS  POWER OF ATTORNEY OR IS ACTING AS A CONSERVATOR FOR
 SUCH CONSUMER, AND THAT THE DATA BROKER CAN VERIFY,  USING  COMMERCIALLY
 REASONABLE  METHODS,  PURSUANT TO ANY REGULATIONS ADOPTED BY THE OFFICE,
 TO BE SUCH CONSUMER ABOUT WHOM THE DATA BROKER  HAS  COLLECTED  PERSONAL
 INFORMATION.
   13. "DEPARTMENT" MEANS THE DEPARTMENT OF FINANCIAL SERVICES.
   14. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF FINANCIAL SERVICES.
 A. 10008--B                        20
 
   15.  "OFFICE"  SHALL MEAN AN OFFICE WITHIN THE DEPARTMENT, WHICH SHALL
 REPORT TO THE SUPERINTENDENT, AND IS TASKED WITH THE  IMPLEMENTATION  OF
 THIS ARTICLE.
   § 1151. JURISDICTIONAL  SCOPE.  THIS  ARTICLE  APPLIES TO DATA BROKERS
 THAT CONDUCT BUSINESS IN NEW YORK STATE OR PRODUCE PRODUCTS OR  SERVICES
 THAT  ARE  TARGETED  TO  RESIDENTS OF NEW YORK STATE, AND SATISFY ONE OR
 MORE OF THE FOLLOWING THRESHOLDS:
   1. HAS AN ANNUAL GROSS REVENUE OF TWENTY-FIVE MILLION DOLLARS OR MORE;
   2. CONTROLS OR PROCESSES PERSONAL DATA OF ONE HUNDRED THOUSAND CUSTOM-
 ERS OR MORE; AND/OR
   3. DERIVES OVER FIFTY PERCENT  OF  GROSS  REVENUE  FROM  THE  SALE  OF
 PERSONAL DATA.
   §  1152.  REGISTRATION  OF DATA BROKERS.  ON OR BEFORE JANUARY THIRTY-
 FIRST ANNUALLY, EACH DATA BROKER SHALL:
   1. REGISTER WITH THE OFFICE;
   2. PAY THE PRO RATA SHARE AS DETERMINED BY THE SUPERINTENDENT, NOT  TO
 EXCEED  THE REASONABLE COST OF ESTABLISHING AND MAINTAINING THE DATABASE
 AND INFORMATIONAL WEBSITE DESCRIBED IN THIS SECTION; AND
   3. PROVIDE THE FOLLOWING INFORMATION TO THE OFFICE:
   (A) THE NAME AND PRIMARY PHYSICAL, EMAIL, AND INTERNET WEBSITE ADDRESS
 OF THE DATA BROKER.
   (B) THE NAME AND BUSINESS ADDRESS OF AN OFFICER OR REGISTERED AGENT OF
 THE DATA BROKER AUTHORIZED TO ACCEPT LEGAL PROCESS ON BEHALF OF THE DATA
 BROKER.
   (C) THE NUMBER OF REQUESTS RECEIVED AND THE NUMBER  OF  SUCH  REQUESTS
 COMPLIED  WITH,  COMPLIED  WITH  IN PART, OR DENIED UNDER SECTION ELEVEN
 HUNDRED FIFTY-THREE OF THIS ARTICLE.
   (D) THE MEDIAN AND THE MEAN NUMBER  OF  DAYS  WITHIN  WHICH  THE  DATA
 BROKER RESPONDED TO REQUESTS UNDER SECTION ELEVEN HUNDRED FIFTY-THREE OF
 THIS ARTICLE.
   (E) WHETHER THE DATA BROKER COLLECTED PERSONAL INFORMATION OF MINORS.
   (F) WHETHER THE DATA BROKER COLLECTS CONSUMERS' NAMES, DATES OF BIRTH,
 ZIP CODES, EMAIL ADDRESSES, OR PHONE NUMBERS.
   (G)  WHETHER  THE  DATA  BROKER  COLLECTS  CONSUMERS' ACCOUNT LOGIN OR
 ACCOUNT NUMBER IN COMBINATION WITH ANY REQUIRED  SECURITY  CODE,  ACCESS
 CODE,  OR PASSWORD THAT WOULD PERMIT ACCESS TO A CONSUMER'S ACCOUNT WITH
 A THIRD PARTY.
   (H) WHETHER THE  DATA  BROKER  COLLECTS  CONSUMERS'  DRIVERS'  LICENSE
 NUMBER,  STATE  IDENTIFICATION  CARD  NUMBER, TAX IDENTIFICATION NUMBER,
 SOCIAL SECURITY NUMBER, PASSPORT NUMBER, MILITARY IDENTIFICATION NUMBER,
 OR OTHER UNIQUE IDENTIFICATION NUMBER ISSUED ON  A  GOVERNMENT  DOCUMENT
 COMMONLY USED TO VERIFY THE IDENTITY OF A SPECIFIC INDIVIDUAL.
   (I)  WHETHER  THE  DATA  BROKER COLLECTS CONSUMERS' MOBILE ADVERTISING
 IDENTIFICATION NUMBERS, CONNECTED TELEVISION IDENTIFICATION NUMBERS,  OR
 VEHICLE IDENTIFICATION NUMBERS (VIN).
   (J)  WHETHER  THE  DATA  BROKER  COLLECTS CONSUMERS' CITIZENSHIP DATA,
 INCLUDING IMMIGRATION STATUS.
   (K) WHETHER THE  DATA  BROKER  COLLECTS  CONSUMERS'  UNION  MEMBERSHIP
 STATUS.
   (L)  WHETHER  THE  DATA  BROKER COLLECTS CONSUMERS' SEXUAL ORIENTATION
 STATUS.
   (M) WHETHER THE DATA BROKER COLLECTS CONSUMERS'  GENDER  IDENTITY  AND
 GENDER EXPRESSION DATA.
   (N) WHETHER THE DATA BROKER COLLECTS CONSUMERS' BIOMETRIC DATA.
   (O) WHETHER THE DATA BROKER COLLECTS CONSUMERS' PRECISE GEOLOCATION.
 A. 10008--B                        21
 
   (P)  WHETHER  THE  DATA BROKER COLLECTS CONSUMERS' REPRODUCTIVE HEALTH
 CARE DATA.
   (Q)  WHETHER  THE  DATA  BROKER  COLLECTS  CONSUMERS' PROTECTED HEALTH
 INFORMATION.
   (R) WHETHER THE DATA BROKER HAS SHARED OR SOLD CONSUMERS'  DATA  TO  A
 FOREIGN ACTOR IN THE PAST YEAR.
   (S)  WHETHER THE DATA BROKER HAS SHARED OR SOLD CONSUMERS' DATA TO THE
 FEDERAL GOVERNMENT IN THE PAST YEAR.
   (T) WHETHER THE DATA BROKER HAS SHARED  OR  SOLD  CONSUMERS'  DATA  TO
 OTHER STATE GOVERNMENTS IN THE PAST YEAR.
   (U)  WHETHER THE DATA BROKER HAS SHARED OR SOLD CONSUMERS' DATA TO LAW
 ENFORCEMENT IN THE PAST YEAR, UNLESS THAT DATA WAS SHARED PURSUANT TO  A
 SUBPOENA OR COURT ORDER.
   (V)  WHETHER  THE  DATA BROKER HAS SHARED OR SOLD CONSUMERS' DATA TO A
 DEVELOPER OF AN ARTIFICIAL INTELLIGENCE SYSTEM  OR  MODEL  IN  THE  PAST
 YEAR.
   (W)  UP  TO  THREE, BUT NO FEWER THAN ONE, OF THE MOST COMMON TYPES OF
 PERSONAL INFORMATION THAT THE DATA BROKER COLLECTS.
   (X) BEGINNING JANUARY FIRST, TWO THOUSAND  THIRTY,  WHETHER  THE  DATA
 BROKER  HAS  UNDERGONE AN AUDIT UNDER THIS ARTICLE, AND, IF SO, THE MOST
 RECENT YEAR THAT THE DATA BROKER HAS SUBMITTED A REPORT  RESULTING  FROM
 THE AUDIT AND ANY RELATED MATERIALS TO THE OFFICE.
   (Y) A LINK TO A PAGE ON THE DATA BROKER'S INTERNET WEBSITE THAT:
   (I)  DETAILS  HOW CONSUMERS MAY EXERCISE THEIR PRIVACY RIGHTS BY DOING
 ALL OF THE FOLLOWING:
   (1) DELETING PERSONAL INFORMATION.
   (2) CORRECTING INACCURATE PERSONAL INFORMATION.
   (3) LEARNING WHAT PERSONAL INFORMATION IS BEING COLLECTED AND  HOW  TO
 ACCESS THAT PERSONAL INFORMATION.
   (4)  LEARNING WHAT PERSONAL INFORMATION IS BEING SOLD OR SHARED AND TO
 WHOM.
   (5) LEARNING HOW TO OPT OUT OF THE SALE OR SHARING OF PERSONAL  INFOR-
 MATION.
   (6) LEARNING HOW TO LIMIT THE USE AND DISCLOSURE OF SENSITIVE PERSONAL
 INFORMATION.
   (II) DOES NOT MAKE USE OF ANY DARK PATTERNS.
   (Z)  WHETHER  AND TO WHAT EXTENT THE DATA BROKER OR ANY OF ITS SUBSID-
 IARIES IS REGULATED BY ANY OF THE FOLLOWING:
   (I) THE FEDERAL FAIR CREDIT REPORTING ACT  (15  U.S.C.  SEC.  1681  ET
 SEQ.).
   (II)  THE GRAMM-LEACH-BLILEY ACT (PUBLIC LAW 106-102) AND IMPLEMENTING
 REGULATIONS.
   (III) ANY OTHER LAW, RULE, OR REGULATION GOVERNING DATA BROKERS OR ANY
 OF ITS SUBSIDIARIES.
   (AA) ANY ADDITIONAL INFORMATION OR EXPLANATION THE DATA BROKER CHOOSES
 TO PROVIDE CONCERNING ITS DATA COLLECTION PRACTICES.
   § 1153. DATA DELETION MECHANISM. 1. THE OFFICE SHALL CREATE A  WEBPAGE
 ON  THE  DEPARTMENT'S  WEBSITE  WHICH  INCLUDES REGISTRATION INFORMATION
 PROVIDED BY DATA BROKERS DESCRIBED IN SECTION ELEVEN  HUNDRED  FIFTY-TWO
 OF  THIS ARTICLE AND THE DATA DELETION MECHANISM ESTABLISHED PURSUANT TO
 THIS SECTION.
   2. THE OFFICE SHALL ESTABLISH A DATA  DELETION  MECHANISM  WITHIN  ONE
 YEAR OF THE EFFECTIVE DATE OF THIS SECTION. SUCH DATA DELETION MECHANISM
 SHALL:
   (A)  IMPLEMENT  AND  MAINTAIN REASONABLE SECURITY PROCEDURES AND PRAC-
 TICES, INCLUDING, BUT NOT  LIMITED  TO,  ADMINISTRATIVE,  PHYSICAL,  AND
 A. 10008--B                        22
 
 TECHNICAL  SAFEGUARDS  APPROPRIATE  TO THE NATURE OF THE INFORMATION AND
 THE PURPOSES FOR WHICH THE PERSONAL INFORMATION  WILL  BE  USED  AND  TO
 PROTECT  CONSUMERS'  PERSONAL INFORMATION FROM UNAUTHORIZED USE, DISCLO-
 SURE, ACCESS, DESTRUCTION, OR MODIFICATION.
   (B) ALLOW A CONSUMER, THROUGH A SINGLE VERIFIABLE CONSUMER REQUEST, TO
 REQUEST  THAT  EVERY DATA BROKER THAT MAINTAINS ANY PERSONAL INFORMATION
 DELETE ANY PERSONAL INFORMATION RELATED TO THAT  CONSUMER  HELD  BY  THE
 DATA BROKER OR ASSOCIATED SERVICE PROVIDER, CONTRACTOR, OR SUBSIDIARY.
   (C) ALLOW A CONSUMER TO SELECTIVELY EXCLUDE SPECIFIC DATA BROKERS FROM
 A REQUEST MADE UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
   (D)  ALLOW  A  CONSUMER  TO MAKE A REQUEST TO ALTER A PREVIOUS REQUEST
 MADE UNDER THIS SECTION AFTER AT LEAST FORTY-FIVE DAYS HAVE PASSED SINCE
 THE CONSUMER LAST MADE A REQUEST UNDER THIS SECTION.
   (E) ALLOW A CONSUMER TO REQUEST THE DELETION OF ALL PERSONAL  INFORMA-
 TION RELATED TO THAT CONSUMER THROUGH A SINGLE DELETION REQUEST.
   (F)  PERMIT  A  CONSUMER TO SECURELY SUBMIT INFORMATION IN ONE OR MORE
 PRIVACY-PROTECTING WAYS DETERMINED BY THE SUPERINTENDENT TO AID  IN  THE
 DELETION REQUEST.
   (G) ALLOW DATA BROKERS REGISTERED WITH THE OFFICE TO DETERMINE WHETHER
 AN  INDIVIDUAL HAS SUBMITTED A VERIFIABLE CONSUMER REQUEST TO DELETE THE
 PERSONAL INFORMATION RELATED TO THAT CONSUMER AND SHALL  NOT  ALLOW  THE
 DISCLOSURE  OF  ANY ADDITIONAL PERSONAL INFORMATION WHEN THE DATA BROKER
 ACCESSES THE ACCESSIBLE DELETION MECHANISM UNLESS OTHERWISE SPECIFIED IN
 THIS ARTICLE.
   (H) ALLOW A CONSUMER TO MAKE A REQUEST UNDER  THIS  SECTION  USING  AN
 INTERNET SERVICE OPERATED BY THE OFFICE.
   (I) NOT CHARGE A CONSUMER TO MAKE A REQUEST UNDER THIS SECTION.
   (J)  ALLOW  A  CONSUMER TO MAKE A REQUEST UNDER THIS SECTION IN ANY OF
 THE TWELVE MOST COMMONLY SPOKEN LANGUAGES IN NEW YORK STATE,  CONSISTENT
 WITH  SECTION  TWO HUNDRED TWO-A OF THE EXECUTIVE LAW, FOR WHOM PERSONAL
 INFORMATION HAS BEEN COLLECTED BY DATA BROKERS.
   (K) BE READILY ACCESSIBLE AND USABLE BY CONSUMERS WITH DISABILITIES.
   (L) SUPPORT THE ABILITY OF A CONSUMER'S AUTHORIZED AGENTS  TO  AID  IN
 THE DELETION REQUEST.
   (M)  ALLOW  THE  CONSUMER,  OR  THEIR  AUTHORIZED AGENT, TO VERIFY THE
 STATUS OF THE CONSUMER'S DELETION REQUEST.
   (N) PROVIDE A DESCRIPTION OF:
   (I) THE DELETION PERMITTED BY THIS SECTION;
   (II) THE PROCESS FOR SUBMITTING A DELETION REQUEST  PURSUANT  TO  THIS
 SECTION; AND
   (III) EXAMPLES OF THE TYPES OF INFORMATION THAT MAY BE DELETED.
   (O)  COMPLY  WITH  SECTION ONE HUNDRED THREE-D OF THE STATE TECHNOLOGY
 LAW.
   3. SIX MONTHS AFTER THE CREATION OF THE DATA DELETION MECHANISM,  EACH
 DATA BROKER SHALL, AT LEAST ONCE EVERY FORTY-FIVE DAYS:
   (A)  PROCESS  ALL  DELETION REQUESTS MADE PURSUANT TO THIS SECTION AND
 DELETE ALL PERSONAL INFORMATION RELATED  TO  THE  CONSUMERS  MAKING  THE
 REQUESTS  CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION WITHIN FORTY-
 FIVE DAYS OF RECEIVING SUCH REQUESTS AND DIRECT ALL  SERVICE  PROVIDERS,
 CONTRACTORS,  AND SUBSIDIARIES ASSOCIATED WITH THE DATA BROKER TO DELETE
 ALL PERSONAL INFORMATION IN THEIR POSSESSION RELATED  TO  THE  CONSUMERS
 MAKING SUCH REQUEST.
   (B) WHERE A DATA BROKER DENIES A CONSUMER REQUEST TO DELETE UNDER THIS
 SECTION  BECAUSE  THE REQUEST CANNOT BE VERIFIED, PROCESS THE REQUEST AS
 AN OPT-OUT OF THE SALE OR SHARING OF THE CONSUMER'S PERSONAL INFORMATION
 WITHIN FORTY-FIVE DAYS OF RECEIVING SUCH REQUEST AND DIRECT ALL  SERVICE
 A. 10008--B                        23
 
 PROVIDERS, CONTRACTORS, AND SUBSIDIARIES ASSOCIATED WITH THE DATA BROKER
 TO  PROCESS  THE  REQUEST  AS  AN  OPT-OUT OF THE SALE OR SHARING OF THE
 CONSUMER'S PERSONAL INFORMATION.
   4.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SECTION, A DATA
 BROKER SHALL NOT BE REQUIRED TO DELETE A CONSUMER'S PERSONAL INFORMATION
 IF SUCH PERSONAL INFORMATION IS REQUIRED TO:
   (I) COMPLETE THE TRANSACTION FOR WHICH THE  PERSONAL  INFORMATION  WAS
 COLLECTED,  FULFILL  THE  TERMS  OF A WRITTEN WARRANTY OR PRODUCT RECALL
 CONDUCTED IN ACCORDANCE WITH FEDERAL LAW,  PROVIDE  A  GOOD  OR  SERVICE
 REQUESTED  BY  THE  CONSUMER,  OR REASONABLY ANTICIPATED BY THE CONSUMER
 WITHIN THE CONTEXT OF A DATA BROKER'S ONGOING BUSINESS RELATIONSHIP WITH
 THE CONSUMER, OR OTHERWISE PERFORM A CONTRACT BETWEEN  THE  DATA  BROKER
 AND THE CONSUMER.
   (II)  HELP  TO  ENSURE SECURITY AND INTEGRITY TO THE EXTENT THE USE OF
 THE CONSUMER'S PERSONAL INFORMATION IS REASONABLY NECESSARY AND  PROPOR-
 TIONATE FOR THOSE PURPOSES.
   (III)  DEBUG  TO  IDENTIFY  AND  REPAIR  ERRORS  THAT  IMPAIR EXISTING
 INTENDED FUNCTIONALITY.
   (IV) EXERCISE FREE SPEECH, ENSURE THE RIGHT  OF  ANOTHER  CONSUMER  TO
 EXERCISE THAT CONSUMER'S RIGHT OF FREE SPEECH, OR EXERCISE ANOTHER RIGHT
 PROVIDED FOR BY LAW.
   (V)  ENGAGE  IN  PUBLIC  OR  PEER-REVIEWED  SCIENTIFIC, HISTORICAL, OR
 STATISTICAL RESEARCH THAT CONFORMS OR ADHERES TO  ALL  OTHER  APPLICABLE
 ETHICS AND PRIVACY LAWS, WHEN THE DATA BROKER'S DELETION OF THE INFORMA-
 TION  IS  LIKELY TO RENDER IMPOSSIBLE OR SERIOUSLY IMPAIR THE ABILITY TO
 COMPLETE SUCH RESEARCH, IF THE CONSUMER HAS PROVIDED INFORMED CONSENT.
   (VI) TO ENABLE SOLELY INTERNAL USES THAT ARE REASONABLY  ALIGNED  WITH
 THE  EXPECTATIONS  OF  THE CONSUMER BASED ON THE CONSUMER'S RELATIONSHIP
 WITH THE DATA BROKER AND  COMPATIBLE  WITH  THE  CONTEXT  IN  WHICH  THE
 CONSUMER PROVIDED THE INFORMATION.
   (VII) COMPLY WITH A LEGAL OBLIGATION.
   (B)  PERSONAL  INFORMATION  NOT REQUIRED TO BE DELETED UNDER PARAGRAPH
 (A) OF THIS SUBDIVISION SHALL ONLY BE USED FOR PURPOSES DIRECTLY RELATED
 TO SUCH EXCEPTIONS AND SHALL NOT BE USED  OR  DISCLOSED  FOR  ANY  OTHER
 PURPOSE.
   5. WHERE A CONSUMER HAS SUBMITTED A DELETION REQUEST AND A DATA BROKER
 HAS  DELETED  THE  CONSUMER'S  DATA  PURSUANT  TO THIS SECTION, THE DATA
 BROKER SHALL:
   (A) DELETE ALL PERSONAL INFORMATION OF  THE  CONSUMER  AT  LEAST  ONCE
 EVERY  FORTY-FIVE  DAYS  PURSUANT  TO  THIS  SECTION UNLESS THE CONSUMER
 REQUESTS OTHERWISE OR THE DELETION IS NOT REQUIRED PURSUANT TO  SUBDIVI-
 SION FOUR OF THIS SECTION; AND
   (B)  NOT SELL OR SHARE NEW PERSONAL INFORMATION OF THE CONSUMER UNLESS
 THE CONSUMER REQUESTS  OTHERWISE  UNLESS  SUCH  SELLING  OR  SHARING  IS
 PERMITTED UNDER ANOTHER SECTION OF LAW.
   6.  THE OFFICE MAY CHARGE AN ACCESS FEE TO A DATA BROKER WHEN THE DATA
 BROKER ACCESSES THE DATA DELETION MECHANISM THAT  DOES  NOT  EXCEED  THE
 REASONABLE COSTS OF PROVIDING THAT ACCESS.
   § 1154. AUDIT.  THREE  YEARS  AFTER THE EFFECTIVE DATE OF THIS SECTION
 AND EVERY THREE YEARS THEREAFTER, EACH  DATA  BROKER  SHALL  UNDERGO  AN
 AUDIT  BY  AN  INDEPENDENT THIRD PARTY TO DETERMINE COMPLIANCE WITH THIS
 ARTICLE.  EACH DATA BROKER SHALL SUBMIT  A  REPORT  RESULTING  FROM  THE
 AUDIT  WRITTEN  BY  SUCH INDEPENDENT THIRD PARTY IN A FORM DETERMINED BY
 THE SUPERINTENDENT AND ANY OTHER MATERIALS REQUIRED BY  THE  SUPERINTEN-
 DENT  TO  THE  SUPERINTENDENT  WITHIN  FIVE  BUSINESS  DAYS OF A WRITTEN
 A. 10008--B                        24
 
 REQUEST BY THE SUPERINTENDENT.  DATA BROKERS SHALL MAINTAIN SUCH REPORTS
 AND ANY REQUIRED MATERIALS FOR SIX YEARS.
   § 1155. RULEMAKING.  THE  OFFICE  SHALL ADOPT RULES AND REGULATIONS TO
 IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
   § 1156. POWERS, DUTIES AND ADJUDICATORY PROCEEDINGS. 1. IN  CONNECTION
 WITH  THE  IMPLEMENTATION  AND  ENFORCEMENT  OF THIS ARTICLE, THE OFFICE
 SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   (A) TO HOLD HEARINGS, SUBPOENA  WITNESSES,  COMPEL  THEIR  ATTENDANCE,
 ADMINISTER  OATHS,  TO  EXAMINE  ANY PERSON UNDER OATH AND IN CONNECTION
 THEREWITH TO REQUIRE THE PRODUCTION OF ANY BOOKS OR RECORDS RELATIVE  TO
 THE  INQUIRY,  PROVIDED THAT SUBPOENA ISSUED UNDER THIS SECTION SHALL BE
 REGULATED BY THE CIVIL PRACTICE LAW AND RULES;
   (B) TO APPOINT SUCH ADVISORY GROUPS AND COMMITTEES AS DEEMED NECESSARY
 TO PROVIDE ASSISTANCE TO THE OFFICE TO CARRY OUT THE PURPOSES AND OBJEC-
 TIVES OF THIS ARTICLE;
   (C) TO ENTER INTO CONTRACTS, MEMORANDA OF  UNDERSTANDING,  AND  AGREE-
 MENTS AS DEEMED APPROPRIATE TO EFFECTUATE THE POLICY AND PURPOSE OF THIS
 CHAPTER;
   (D)  TO  DRAFT  DECLARATORY RULINGS, GUIDANCE AND INDUSTRY ADVISORIES;
 AND
   (E) TO DELEGATE THE POWERS PROVIDED IN  THIS  SECTION  TO  SUCH  OTHER
 OFFICERS  OR  EMPLOYEES  AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTEN-
 DENT.
   2. (A) THE SUPERINTENDENT, OR ANY PERSON DESIGNATED BY THE SUPERINTEN-
 DENT FOR THE PURPOSES OF  THIS  SUBDIVISION,  MAY  ISSUE  SUBPOENAS  AND
 ADMINISTER  OATHS  IN CONNECTION WITH ANY HEARING OR INVESTIGATION UNDER
 OR PURSUANT TO THIS ARTICLE, AND IT SHALL BE THE DUTY OF THE SUPERINTEN-
 DENT AND ANY PERSONS DESIGNATED  BY  THEM  FOR  SUCH  PURPOSE  TO  ISSUE
 SUBPOENAS AT THE REQUEST OF AND UPON BEHALF OF THE RESPONDENT.
   (B)  THE  SUPERINTENDENT  AND  THOSE  DESIGNATED BY THE SUPERINTENDENT
 SHALL NOT BE BOUND BY THE LAWS OF EVIDENCE IN  THE  CONDUCT  OF  HEARING
 PROCEEDINGS,  BUT  THE DETERMINATION SHALL BE FOUNDED UPON PREPONDERANCE
 OF EVIDENCE TO SUSTAIN IT.
   (C) NOTICE AND RIGHT OF HEARING AS PROVIDED IN THE  STATE  ADMINISTRA-
 TIVE  PROCEDURE  ACT  SHALL BE SERVED AT LEAST FIFTEEN DAYS PRIOR TO THE
 DATE OF THE HEARING, PROVIDED THAT, WHENEVER BECAUSE OF  DANGER  TO  THE
 PUBLIC HEALTH, SAFETY OR WELFARE IT APPEARS PREJUDICIAL TO THE INTERESTS
 OF  THE PEOPLE OF THE STATE TO DELAY ACTION FOR FIFTEEN DAYS, THE SUPER-
 INTENDENT MAY SERVE THE  RESPONDENT  WITH  AN  ORDER  REQUIRING  CERTAIN
 ACTION  OR  THE  CESSATION OF CERTAIN ACTIVITIES IMMEDIATELY OR WITHIN A
 SPECIFIED PERIOD OF LESS THAN FIFTEEN DAYS.
   (D) SERVICE OF NOTICE OF HEARING OR ORDER SHALL BE  MADE  BY  PERSONAL
 SERVICE  OR  BY  REGISTERED OR CERTIFIED MAIL. WHERE SERVICE, WHETHER BY
 PERSONAL SERVICE OR BY REGISTERED OR CERTIFIED MAIL,  IS  MADE  UPON  AN
 INCOMPETENT,  PARTNERSHIP,  OR  CORPORATION,  IT  SHALL BE MADE UPON THE
 PERSON OR PERSONS DESIGNATED TO  RECEIVE  PERSONAL  SERVICE  BY  ARTICLE
 THREE OF THE CIVIL PRACTICE LAW AND RULES.
   (E) AT A HEARING, WHICH SHALL TO THE GREATEST EXTENT PRACTICABLE SHALL
 BE REASONABLY NEAR THE RESPONDENT, THE RESPONDENT MAY APPEAR PERSONALLY,
 SHALL HAVE THE RIGHT OF COUNSEL, AND MAY CROSS-EXAMINE WITNESSES AGAINST
 THE RESPONDENT AND PRODUCE EVIDENCE AND WITNESSES ON THEIR BEHALF.
   (F)  FOLLOWING  A  HEARING,  THE  SUPERINTENDENT  MAY MAKE APPROPRIATE
 DETERMINATIONS AND ISSUE A FINAL ORDER IN ACCORDANCE THEREWITH.
   (G) THE SUPERINTENDENT MAY  ADOPT,  AMEND  AND  REPEAL  ADMINISTRATIVE
 RULES  AND  REGULATIONS  GOVERNING  THE  PROCEDURES  TO BE FOLLOWED WITH
 RESPECT TO HEARINGS, SUCH RULES TO BE CONSISTENT  WITH  THE  POLICY  AND
 A. 10008--B                        25
 
 PURPOSE  OF  THIS  CHAPTER AND THE EFFECTIVE AND FAIR ENFORCEMENT OF ITS
 PROVISIONS.
   (H) THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO ALL HEARINGS
 HELD PURSUANT TO THIS ARTICLE.
   § 1157. ASSESSMENTS.  COMPANIES  OR  PERSONS  REQUIRED TO BE LICENSED,
 REGISTERED OR FILE WITH THE OFFICE PURSUANT TO  THIS  ARTICLE  SHALL  BE
 ASSESSED  IN  PRO  RATA SHARES BY THE DEPARTMENT TO DEFRAY THE OPERATING
 EXPENSES, INCLUDING ALL DIRECT AND INDIRECT COSTS, OF ADMINISTERING  THE
 OBLIGATIONS IMPOSED BY THIS ARTICLE.
   § 1158. ENFORCEMENT. 1. THE SUPERINTENDENT MAY, AFTER NOTICE AND HEAR-
 ING,  REQUIRE  ANY PERSON FOUND VIOLATING THE PROVISIONS OF THIS ARTICLE
 OR THE RULES OR REGULATIONS PROMULGATED HEREUNDER TO PAY TO  THE  PEOPLE
 OF THIS STATE, PENALTIES AND EXPENSES AS FOLLOWS:
   (A)  A  FINE  OR CIVIL PENALTY OF TWO HUNDRED DOLLARS FOR EACH DAY THE
 DATA BROKER FAILS TO REGISTER OR FAILS TO COMPLY WITH  THE  REGISTRATION
 REQUIREMENTS AS REQUIRED BY THIS ARTICLE;
   (B)  AN  AMOUNT EQUAL TO THE MONIES THAT WERE DUE DURING THE PERIOD IT
 FAILED TO REGISTER;
   (C) A FINE OR CIVIL PENALTY OF TWO HUNDRED DOLLARS FOR  EACH  DELETION
 REQUEST  FOR  EACH  DAY  THE  DATA BROKER FAILS TO DELETE INFORMATION AS
 REQUIRED BY SECTION ELEVEN HUNDRED FIFTY-THREE OF THIS ARTICLE;
   (D) A FINE OR CIVIL PENALTY OF TWO HUNDRED DOLLARS FOR  EACH  DAY  THE
 DATA  BROKER FAILS TO COMPLY WITH THE WEBSITE DISCLOSURE REQUIREMENTS AS
 SET FORTH IN SECTION ELEVEN HUNDRED FIFTY-THREE OF THIS ARTICLE; AND
   (E) APPROPRIATE EXPENSES INCURRED BY THE OFFICE IN  THE  INVESTIGATION
 AND  ADMINISTRATION OF THE ACTION; OR IN THE CASE OF AN ACTION COMMENCED
 BY THE ATTORNEY GENERAL, ANY EXPENSES INCURRED BY THE OFFICE,  THAT  ARE
 DEEMED APPROPRIATE BY THE COURT.
   2.  THE  SUPERINTENDENT  MAY  REQUEST THE ATTORNEY GENERAL COMMENCE AN
 ACTION IN A COURT OF COMPETENT JURISDICTION TO ENFORCE THE  REQUIREMENTS
 OF  THIS  ARTICLE AND TO RECOVER THE PENALTIES AND EXPENSES SET FORTH IN
 PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately; provided,  however,  that
 section  one  of this act shall take effect on the one hundred eightieth
 day after the office of the department of financial services tasked with
 the implementation of article 42-A of the general business law, as added
 by section one of this act, shall have promulgated rules and regulations
 to effectuate the provisions of this act; provided, however,  that  such
 office  shall notify the legislative bill drafting commission  upon  the
 occurrence  of  the promulgation  of such rules and regulations in order
 that the commission may maintain an accurate and timely  effective  data
 base  of  the    official  text  of the laws of the state of New York in
 furtherance of effectuating the  provisions of section 44 of the  legis-
 lative law and section 70-b of the public officers law.  Effective imme-
 diately,  the  addition,    amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date  are  authorized  to  be made completed on or before such effective
 date.
 
                                  PART BB
 
                           Intentionally Omitted
 
                                  PART CC
 A. 10008--B                        26
 
                           Intentionally Omitted
 
                                  PART DD
 
                           Intentionally Omitted

                                  PART EE
 
                           Intentionally Omitted
 
                                  PART FF
 
                           Intentionally Omitted
 
                                  PART GG
 
                           Intentionally Omitted
 
                                  PART HH
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to pre-authorization, access to specialty care, and formulary lists.
 Each component is  wholly  contained  within  a  Subpart  identified  as
 Subparts  A through D.  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 two of this Part
 sets forth the general effective date of this Part.
 
                                 SUBPART A
 
   Section 1. Section 210 of the insurance law, as amended by chapter 579
 of the laws of 1998, subsection (d) as amended by  chapter  207  of  the
 laws of 2019, is amended to read as follows:
   §  210.  Annual consumer guide of health insurers, and entities certi-
 fied pursuant to article forty-four of the public health law.
   (a) The superintendent shall annually publish on or  before  September
 first, nineteen hundred ninety-nine, and annually thereafter, a consumer
 guide  to  insurers providing managed care products, individual accident
 and health insurance or group or blanket accident and  health  insurance
 and  entities  licensed  pursuant  to  article  forty-four of the public
 health law providing comprehensive health service plans which  includes,
 in  detail, a ranking from best to worst based upon each company's claim
 processing or medical payments record during the preceding calendar year
 using criteria available to  the  department,  adjusted  for  volume  of
 coverage  provided.  Such ranking shall also take into consideration the
 corresponding total number or percentage of  claims  denied  which  were
 reversed  or  compromised  after  intervention by the department and the
 A. 10008--B                        27
 
 department of health, consumer complaints  to  the  department  and  the
 department  of  health, violations of section three thousand two hundred
 twenty-four-a of this chapter  and  other  pertinent  data  which  would
 permit  the department to objectively determine a company's performance.
 The department in publishing  such  consumer  guide  shall  publish  one
 state-wide  guide  or no more than five regional guides so as to facili-
 tate comparisons among individual insurers and entities within a service
 market area. Such rankings shall be printed in a format which ranks  all
 health  insurers  and  all entities certified pursuant to article forty-
 four of the public health law in one combined list.
   (b) [Beginning September first, nineteen hundred ninety-nine and annu-
 ally thereafter, the] THE superintendent shall  include  in  such  guide
 ANNUALLY,  and  insurers  and  entities  certified  pursuant  to article
 forty-four of the public health law shall provide to the  superintendent
 the information required for such guide in a timely fashion, the follow-
 ing information:
   (1)  The  number  of  grievances  filed pursuant to section forty-four
 hundred eight-a of the public health law,  SECTION  THREE  THOUSAND  TWO
 HUNDRED SEVENTEEN-D OF THIS CHAPTER, SECTION FOUR THOUSAND THREE HUNDRED
 SIX-C  OF  THIS  CHAPTER, or article forty-eight of this chapter and the
 number of such grievances in  which  an  adverse  determination  of  the
 insurer  or entity was reversed in whole or in part versus the number of
 such determinations which were upheld; [and]
   (2) BEGINNING SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN,  THE  NUMBER
 OF  APPROVALS  AND THE NUMBER OF ADVERSE DETERMINATIONS IN WHOLE OR PART
 ISSUED BY UTILIZATION  REVIEW  AGENTS  PURSUANT  TO  SECTION  FORTY-NINE
 HUNDRED  THREE  OF  THE  PUBLIC HEALTH LAW OR SECTION FOUR THOUSAND NINE
 HUNDRED THREE OF THIS CHAPTER; AND
   (3) The number of appeals to utilization review determinations [which]
 THAT were filed pursuant to [article forty-nine of the public health law
 or article forty-nine] SECTION FORTY-NINE HUNDRED  FOUR  OF  THE  PUBLIC
 HEALTH  LAW  AND SECTION FOUR THOUSAND NINE HUNDRED FOUR of this chapter
 and the number of such determinations  [which]  THAT  were  reversed  IN
 WHOLE  OR  IN PART versus the number of such determinations [which] THAT
 were upheld.
   (c) Beginning September first, nineteen hundred ninety-nine and  annu-
 ally  thereafter, in addition to the information required in subsections
 (a) and (b) of this section, the superintendent, in conjunction with the
 commissioner of health, in consultation with the National  Committee  on
 Quality  Assurance  or a similar national organization, shall include in
 such guide the following additional information,  for  the  most  recent
 year  in  which  such information is available and where applicable, for
 health insurers, health insurers providing  managed  care  products  and
 entities  certified  under  article  forty-four of the public health law
 providing comprehensive health service plans pursuant to such article:
   (1) the percentage of physicians who are  either  board  certified  or
 board eligible;
   (2) the percentage of primary care physicians who remained participat-
 ing  providers,  provided  however,  that  such percentage shall exclude
 voluntary terminations due to physician retirement, relocation or  other
 similar reasons;
   (3)  the  percentage of enrollees aged twenty-three to thirty-nine and
 forty to sixty-four who had one or more visits to a health plan  practi-
 tioner during the three years of their continual enrollment.
   (4)  the  methods used to compensate primary care physicians and other
 providers, provided however, that  nothing  in  this  section  shall  be
 A. 10008--B                        28
 
 construed to require disclosure of the specific details of any financial
 arrangement  between the insurer or entity and an individual provider or
 practice;
   (5)  the national accreditation status of insurers and entities, where
 applicable;
   (6) indices of the quality of care provided,  such  as  the  rates  of
 mammography,  prostate,  and  cervical  cancer screening, prenatal care,
 well-child care, immunization and such other  information  collected  by
 the  commissioner  of  health  through the health plan employer data and
 information set (HEDIS); or  through  the  quality  assurance  reporting
 requirements  for  entities not otherwise required to collect and report
 health plan employer data and information set (HEDIS) data;
   (7) the results of a consumer satisfaction survey among  enrollees  of
 the  various  health  insurers and entities, which shall be conducted by
 the superintendent and commissioner of health, in consultation with  the
 National  Committee on Quality Assurance or a similar national organiza-
 tion;
   (8) a toll-free telephone number for each health insurer or plan;
   (9) toll-free telephone numbers at the department and  the  department
 of health to which consumers can make complaints about insurers or enti-
 ties; and
   (10)  except as required in paragraph seven of this subsection, health
 insurers and entities certified pursuant to article  forty-four  of  the
 public  health  law  shall  report  the  information required under this
 subdivision to the commissioner of health, and  the  commissioner  shall
 provide  such  information  to  the  superintendent for inclusion in the
 annual consumer guide.
   (d) BEGINNING SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN AND  ANNUALLY
 THEREAFTER,  IN ADDITION TO THE INFORMATION REQUIRED IN SUBSECTIONS (A),
 (B), AND (C) OF THIS SECTION, THE SUPERINTENDENT SHALL INCLUDE  IN  SUCH
 GUIDE,  AND  INSURERS  AND ENTITIES CERTIFIED PURSUANT TO ARTICLE FORTY-
 FOUR OF THE PUBLIC HEALTH LAW SHALL PROVIDE TO THE SUPERINTENDENT, IN  A
 FORM  AND  MANNER  SPECIFIED  BY  THE  SUPERINTENDENT,  THE  INFORMATION
 REQUIRED FOR SUCH GUIDE IN A TIMELY FASHION, THE  FOLLOWING  INFORMATION
 REGARDING  PRE-AUTHORIZATION  REQUESTS  UNDER  ARTICLE FORTY-NINE OF THE
 PUBLIC HEALTH LAW OR ARTICLE FORTY-NINE OF THIS CHAPTER:
   (1) THE NUMBER OF PRE-AUTHORIZATION REQUESTS  RECEIVED  UNDER  SECTION
 FORTY-NINE HUNDRED THREE OF THE PUBLIC HEALTH LAW AND SECTION FOUR THOU-
 SAND NINE HUNDRED THREE OF THIS CHAPTER;
   (2)  THE  NUMBER  OF  PRE-AUTHORIZATION REQUESTS FOR WHICH AN AUTHORI-
 ZATION WAS ISSUED UNDER SECTION FORTY-NINE HUNDRED THREE OF  THE  PUBLIC
 HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
   (3)  THE  NUMBER  OF  PRE-AUTHORIZATION  REQUESTS FOR WHICH AN ADVERSE
 DETERMINATION WAS ISSUED IN  WHOLE  OR  PART  UNDER  SECTION  FORTY-NINE
 HUNDRED  THREE  OF  THE PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE
 HUNDRED THREE OF THIS CHAPTER;
   (4) THE NUMBER OF PRE-AUTHORIZATION  REQUESTS  FOR  WHICH  AN  ADVERSE
 DETERMINATION  WAS APPEALED UNDER SECTION FORTY-NINE HUNDRED FOUR OF THE
 PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED  FOUR  OF  THIS
 CHAPTER;
   (5)  THE  NUMBER  OF  PRE-AUTHORIZATION  REQUESTS FOR WHICH AN ADVERSE
 DETERMINATION WAS REVERSED ON APPEAL IN  WHOLE  OR  PART  UNDER  SECTION
 FORTY-NINE  HUNDRED FOUR OF THE PUBLIC HEALTH LAW AND SECTION FOUR THOU-
 SAND NINE HUNDRED FOUR OF THIS CHAPTER;
   (6) THE NUMBER OF PRE-AUTHORIZATION  REQUESTS  FOR  WHICH  AN  ADVERSE
 DETERMINATION  WAS  UPHELD  UNDER SECTION FORTY-NINE HUNDRED FOUR OF THE
 A. 10008--B                        29
 
 PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED  FOUR  OF  THIS
 CHAPTER;
   (7)  THE  TWENTY-FIVE  CURRENT  PROCEDURAL  TERMINOLOGY CODES WITH THE
 HIGHEST NUMBER OF  PRE-AUTHORIZATION  REQUESTS  AND  THE  PERCENTAGE  OF
 AUTHORIZATIONS  FOR  EACH  OF THESE CURRENT PROCEDURAL TERMINOLOGY CODES
 UNDER SECTION FORTY-NINE HUNDRED THREE OF  THE  PUBLIC  HEALTH  LAW  AND
 SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
   (8)  THE  TWENTY-FIVE  CURRENT  PROCEDURAL  TERMINOLOGY CODES WITH THE
 HIGHEST NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN  AUTHORIZATION
 WAS  ISSUED  UNDER SECTION FORTY-NINE HUNDRED THREE OF THE PUBLIC HEALTH
 LAW AND SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
   (9) THE TWENTY-FIVE CURRENT  PROCEDURAL  TERMINOLOGY  CODES  WITH  THE
 HIGHEST  NUMBER  OF  PRE-AUTHORIZATION REQUESTS UNDER SECTION FORTY-NINE
 HUNDRED THREE OF THE PUBLIC HEALTH LAW AND SECTION  FOUR  THOUSAND  NINE
 HUNDRED  THREE  OF  THIS  CHAPTER FOR WHICH AN ADVERSE DETERMINATION WAS
 ISSUED IN WHOLE OR PART BUT THAT WAS REVERSED BY AN APPEAL, IN WHOLE  OR
 PART, UNDER SECTION FORTY-NINE HUNDRED FOUR OF THE PUBLIC HEALTH LAW AND
 SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER; AND
   (10)  THE  TWENTY-FIVE  CURRENT  PROCEDURAL TERMINOLOGY CODES WITH THE
 HIGHEST NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN ADVERSE DETER-
 MINATION WAS ISSUED IN WHOLE OR PART UNDER  SECTION  FORTY-NINE  HUNDRED
 THREE  OF  THE  PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED
 THREE OF THIS CHAPTER.
   (E) Health insurers and entities certified pursuant to article  forty-
 four  of the public health law shall provide annually to the superinten-
 dent and the commissioner of health,  and  the  commissioner  of  health
 shall  provide to the superintendent BY MARCH FIRST OF EACH YEAR, all of
 the information necessary for the superintendent to produce  the  annual
 consumer  guide.   In compiling the guide, the superintendent shall make
 every effort to ensure that the information is  presented  in  a  clear,
 understandable  fashion [which] THAT facilitates comparisons among indi-
 vidual insurers and entities, and in a format [which] THAT lends  itself
 to  the  widest  possible  distribution to consumers. The superintendent
 shall either include the information from the annual consumer  guide  in
 the  consumer  shopping guide required by subsection (a) of section four
 thousand three hundred twenty-three of this chapter or combine  the  two
 guides  as  long as consumers in the individual market are provided with
 the information required by subsection  (a)  of  section  four  thousand
 three hundred twenty-three of this chapter.
   [(e)]  (F) The superintendent shall contract with a national organiza-
 tion for the purposes of drafting and designing the guide, including the
 preparation of relevant explanatory material.  Such  organization  shall
 have  actual  experience  in  preparing a similar guide for at least one
 other state. The superintendent, in consultation with  the  commissioner
 of  health, may also contract with one or more national organizations to
 assist such commissioner in the collection of data and the analysis  and
 auditing  of  the  clinical  measurers. Such organizations shall consult
 periodically with associations representing health insurers  and  health
 maintenance  organizations  as  well as with consumer representatives in
 New York in preparing the consumer guide.
   § 2.  This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Subsection (f) of section 4804 of  the  insurance  law,  as
 added by chapter 705 of the laws of 1996, is amended to read as follows:
 A. 10008--B                        30
 
   (f) If a new insured whose health care provider is not a member of the
 insurer's in-network benefits portion of the provider network enrolls in
 the  managed  care  product,  the  insurer  shall  permit the insured to
 continue an ongoing course  of  treatment  with  the  insured's  current
 health care provider during a transitional period of up to [sixty] NINE-
 TY days from the effective date of enrollment[, if (1) the insured has a
 life-threatening  disease  or  condition or a degenerative and disabling
 disease or condition or (2)]. IF the insured  [has  entered  the  second
 trimester of pregnancy] IS PREGNANT at the time of enrollment, [in which
 case]  the transitional period shall include the provision of [post-par-
 tum] CARE FOR THE DURATION OF THE PREGNANCY AND POSTPARTUM care directly
 related to the delivery. If an insured elects  to  continue  to  receive
 care  from  such  health  care provider pursuant to this paragraph, such
 care shall be authorized by the insurer for the transitional period only
 if the health care provider agrees: (A) to accept reimbursement from the
 insurer at rates established by the insurer as payment  in  full,  which
 rates  shall  be  no  more than the level of reimbursement applicable to
 similar providers within the in-network benefits portion of  the  insur-
 er's  network  for such services; (B) to adhere to the insurer's quality
 assurance requirements and agrees to provide to  the  insurer  necessary
 medical information related to such care; and (C) to otherwise adhere to
 the  insurer's  policies  and  procedures including, but not limited to,
 procedures regarding referrals and  obtaining  pre-authorization  and  a
 treatment  plan  approved  by  the  insurer.  In  no  event  shall  this
 subsection be construed to require an insurer to  provide  coverage  for
 benefits  not  otherwise  covered  or to diminish or impair pre-existing
 condition limitations contained within the insured's contract.
   § 2. Paragraph (f) of subdivision 6 of  section  4403  of  the  public
 health  law,  as added by chapter 705 of the laws of 1996, is amended to
 read as follows:
   (f) If a new enrollee whose health care provider is not  a  member  of
 the  health  maintenance  organization's provider network enrolls in the
 health maintenance  organization,  the  organization  shall  permit  the
 enrollee  to continue an ongoing course of treatment with the enrollee's
 current health care provider during  a  transitional  period  of  up  to
 [sixty]  NINETY  days from the effective date of enrollment[, if (i) the
 enrollee has a life-threatening disease or condition or  a  degenerative
 and  disabling  disease  or  condition  or  (ii)].  IF the enrollee [has
 entered the second trimester of pregnancy] IS PREGNANT at the  effective
 date  of  enrollment,  [in  which  case]  the  transitional period shall
 include the provision of [post-partum] CARE  FOR  THE  DURATION  OF  THE
 PREGNANCY  AND  POSTPARTUM  care directly related to the delivery. If an
 enrollee elects to continue  to  receive  care  from  such  health  care
 provider  pursuant  to  this paragraph, such care shall be authorized by
 the health maintenance organization for the transitional period only  if
 the  health  care  provider agrees: (A) to accept reimbursement from the
 health maintenance organization at rates established by the health main-
 tenance organization as payment in full, which rates shall  be  no  more
 than  the  level of reimbursement applicable to similar providers within
 the health maintenance organization's network for such services; (B)  to
 adhere  to  the organization's quality assurance requirements and agrees
 to provide to the organization necessary medical information related  to
 such  care;  and  (C) to otherwise adhere to the organization's policies
 and procedures including,  but  not  limited  to,  procedures  regarding
 referrals  and obtaining pre-authorization and a treatment plan approved
 by the organization. In no event shall this paragraph  be  construed  to
 A. 10008--B                        31
 
 require  a health maintenance organization to provide coverage for bene-
 fits not otherwise covered or to diminish or impair pre-existing  condi-
 tion limitations contained within the subscriber's contract.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 policies issued, renewed, modified, or amended on or after such date.

                                 SUBPART C
 
   Section  1.  Subsection  (a)  of section 3242 of the insurance law, as
 added by section 1 of subpart C of part J of chapter 57 of the  laws  of
 2019, is amended to read as follows:
   (a) Every insurer that delivers or issues for delivery in this state a
 policy that provides coverage for prescription drugs shall, with respect
 to  the prescription drug coverage, publish an up-to-date, accurate, and
 complete list of all covered prescription drugs on  its  formulary  drug
 list,  including  any  tiering  structure  that  it  has adopted and any
 restrictions on the manner in which a prescription drug may be obtained,
 in a manner that is easily accessible  to  insureds  [and],  prospective
 insureds,  HEALTH  CARE  PROVIDERS,  AND OTHER INTERESTED PARTIES.   The
 formulary drug list shall clearly identify the  preventive  prescription
 drugs  that  are  available  without  annual deductibles or coinsurance,
 including co-payments.  A FORMULARY DRUG LIST SHALL ONLY  BE  CONSIDERED
 EASILY ACCESSIBLE IF:
   (1) IT CAN BE VIEWED ON THE INSURER'S PUBLIC WEBSITE WITHOUT REQUIRING
 AN  INDIVIDUAL  TO CREATE OR ACCESS AN ACCOUNT OR ENTER A PASSWORD OR TO
 BE COVERED UNDER AN INSURANCE POLICY ISSUED BY THE INSURER; AND
   (2) AN INDIVIDUAL CAN EASILY DISCERN WHICH FORMULARY DRUG LIST APPLIES
 TO WHICH PLAN, IF AN INSURER OFFERS MORE THAN ONE PLAN.
   § 2. Subsection (a) of section 4329 of the insurance law, as added  by
 section  2 of subpart C of part J of chapter 57 of the laws of 2019,  is
 amended to read as follows:
   (a) Every corporation subject to the provisions of this  article  that
 issues  a  contract that provides coverage for prescription drugs shall,
 with respect to the prescription drug coverage, publish  an  up-to-date,
 accurate,  and  complete  list  of all covered prescription drugs on its
 formulary drug list, including any tiering structure that it has adopted
 and any restrictions on the manner in which a prescription drug  may  be
 obtained,  in  a  manner  that  is  easily accessible to insureds [and],
 prospective  insureds,  HEALTH  CARE  PROVIDERS,  AND  OTHER  INTERESTED
 PARTIES.   The formulary drug list shall clearly identify the preventive
 prescription drugs that are  available  without  annual  deductibles  or
 coinsurance, including co-payments.  A FORMULARY DRUG LIST SHALL ONLY BE
 CONSIDERED EASILY ACCESSIBLE IF:
   (1)  IT  CAN  BE  VIEWED  ON  THE CORPORATION'S PUBLIC WEBSITE WITHOUT
 REQUIRING AN INDIVIDUAL TO CREATE OR ACCESS AN ACCOUNT OR ENTER A  PASS-
 WORD  OR  TO  BE  COVERED UNDER AN INSURANCE POLICY ISSUED BY THE CORPO-
 RATION; AND
   (2) AN INDIVIDUAL CAN EASILY DISCERN WHICH FORMULARY DRUG LIST APPLIES
 TO WHICH PLAN, IF A CORPORATION OFFERS MORE THAN ONE PLAN.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 policies issued, renewed, modified or amended on or after such date.
 
                                 SUBPART D
 A. 10008--B                        32

   Section 1. Subsection (b-3) of section 4900 of the  insurance  law  is
 relettered  subsection (b-4) and a new subsection (b-3) is added to read
 as follows:
   (B-3) "CHRONIC HEALTH CONDITION" MEANS A CONDITION THAT IS EXPECTED TO
 LAST FOR AT LEAST ONE YEAR AND REQUIRES ONGOING TREATMENT TO EFFECTIVELY
 MANAGE THE CONDITION OR PREVENT AN ADVERSE HEALTH EVENT.
   §  2. Subsection (f) of section 4905 of the insurance law, as added by
 chapter 705 of the laws of 1996,  is amended read as follows:
   (f) Utilization review shall not be conducted more frequently than  is
 reasonably  required  to  assess  whether the health care services under
 review are  medically  necessary  PROVIDED,  HOWEVER,  THAT  UTILIZATION
 REVIEW  SHALL  NOT  BE CONDUCTED MORE THAN ONCE PER YEAR FOR A COURSE OF
 TREATMENT FOR A CHRONIC HEALTH CONDITION STARTING FROM  THE  DATE  OF  A
 PRE-AUTHORIZATION APPROVAL FOR THE COURSE OF TREATMENT UNLESS:
   (1)  NATIONALLY  RECOGNIZED  CLINICAL  PRACTICE  GUIDELINES  RECOMMEND
 FOLLOW-UP CARE WITH THE COURSE  OF  TREATMENT  FOR  THE  CHRONIC  HEALTH
 CONDITION  TO  ASSESS  POSSIBLE  NEGATIVE SIDE EFFECTS, THEN UTILIZATION
 REVIEW MAY BE CONDUCTED MORE THAN ONCE PER YEAR ON THE SAME SCHEDULE  AS
 THE RECOMMENDED FOLLOW UP;
   (2) NATIONALLY RECOGNIZED CLINICAL PRACTICE GUIDELINES CHANGE SUBSTAN-
 TIALLY  FOR THE TREATMENT OF THE CHRONIC HEALTH CONDITION, THEN UTILIZA-
 TION REVIEW MAY BE CONDUCTED TO CONSIDER WHETHER THE ONGOING  COURSE  OF
 TREATMENT  IS STILL APPROPRIATE FOR THE CHRONIC HEALTH CONDITION AND THE
 INSURED; OR
   (3) NATIONALLY RECOGNIZED CLINICAL  PRACTICE  GUIDELINES  RECOMMEND  A
 CHANGE  TO  THE  COURSE  OF  TREATMENT  BASED ON A CHANGE IN THE CHRONIC
 HEALTH CONDITION, THEN UTILIZATION REVIEW MAY BE CONDUCTED FOR  THE  NEW
 COURSE OF TREATMENT.
   §  3.  Subdivision  2-c  of  section  4900 of the public health law is
 renumbered subdivision 2-d and a new subdivision 2-c is added to read as
 follows:
   (2-C) "CHRONIC HEALTH CONDITION" MEANS A CONDITION THAT IS EXPECTED TO
 LAST FOR AT LEAST ONE YEAR AND REQUIRES ONGOING TREATMENT TO EFFECTIVELY
 MANAGE THE CONDITION OR PREVENT AN ADVERSE HEALTH EVENT.
   § 4. Subdivision 6 of section 4905 of the public health law, as  added
 by chapter 705 of the laws of 1996,  is amended to read as follows:
   6.  Utilization  review shall not be conducted more frequently than is
 reasonably required to assess whether the  health  care  services  under
 review  are  medically  necessary  PROVIDED,  HOWEVER,  THAT UTILIZATION
 REVIEW SHALL NOT BE CONDUCTED MORE THAN ONCE PER YEAR FOR  A  COURSE  OF
 TREATMENT  FOR  A  CHRONIC  HEALTH CONDITION STARTING FROM THE DATE OF A
 PRE-AUTHORIZATION APPROVAL FOR THE COURSE OF TREATMENT UNLESS:
   (A)  NATIONALLY  RECOGNIZED  CLINICAL  PRACTICE  GUIDELINES  RECOMMEND
 FOLLOW-UP  CARE  WITH  THE  COURSE  OF  TREATMENT FOR THE CHRONIC HEALTH
 CONDITION TO ASSESS POSSIBLE NEGATIVE  SIDE  EFFECTS,  THEN  UTILIZATION
 REVIEW  MAY BE CONDUCTED MORE THAN ONCE PER YEAR ON THE SAME SCHEDULE AS
 THE RECOMMENDED FOLLOW UP;
   (B) NATIONALLY RECOGNIZED CLINICAL PRACTICE GUIDELINES CHANGE SUBSTAN-
 TIALLY FOR THE TREATMENT OF THE CHRONIC HEALTH CONDITION, THEN  UTILIZA-
 TION  REVIEW  MAY BE CONDUCTED TO CONSIDER WHETHER THE ONGOING COURSE OF
 TREATMENT IS STILL APPROPRIATE FOR THE CHRONIC HEALTH CONDITION AND  THE
 INSURED; OR
   (C)  NATIONALLY  RECOGNIZED  CLINICAL  PRACTICE GUIDELINES RECOMMEND A
 CHANGE TO THE COURSE OF TREATMENT BASED  ON  A  CHANGE  IN  THE  CHRONIC
 HEALTH  CONDITION,  THEN UTILIZATION REVIEW MAY BE CONDUCTED FOR THE NEW
 COURSE OF TREATMENT.
 A. 10008--B                        33
 
   § 5. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 policies issued, renewed, modified, or amended 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
 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 Subparts A through D of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART II
 
                           Intentionally Omitted
 
                                  PART JJ
 
                           Intentionally Omitted
 
                                  PART KK
 
                           Intentionally Omitted
 
                                  PART LL
 
   Section 1. Section 4 of chapter 495 of the laws of 2004, amending  the
 insurance  law  and the public health law relating to the New York state
 health  insurance  continuation  assistance  demonstration  project,  as
 amended  by  section  1  of part S of chapter 58 of the laws of 2025, 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, [2026] 2027 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 MM
 
                           Intentionally Omitted
 
                                  PART NN
 
                           Intentionally Omitted
 A. 10008--B                        34
 
                                  PART OO
 
   Section  1.  The public service law is amended by adding a new section
 24-c to read as follows:
   § 24-C.   UTILITY INTERVENOR  REIMBURSEMENT.  1.    AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COMPENSATION" MEANS PAYMENT FOR ALL OR PART, AS DETERMINED BY THE
 DEPARTMENT,  OF  REASONABLE  ADVOCATE'S  FEES, REASONABLE EXPERT WITNESS
 FEES, AND OTHER REASONABLE COSTS FOR PREPARATION AND PARTICIPATION IN  A
 PROCEEDING.
   (B)  "PARTICIPANT"  MEANS A GROUP OF PERSONS THAT APPLY JOINTLY FOR AN
 AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
 OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
 NOT-FOR-PROFIT ORGANIZATION IN THIS STATE  AUTHORIZED  PURSUANT  TO  ITS
 ARTICLES  OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF RESI-
 DENTIAL OR SMALL  BUSINESS  UTILITY  CUSTOMERS.  FOR  PURPOSES  OF  THIS
 SECTION,  A  PARTICIPANT  DOES  NOT INCLUDE A NON-PROFIT ORGANIZATION OR
 OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
 UTILITY OR ITS INVESTORS OR EMPLOYEES, OR THE WELFARE  OF  ONE  OR  MORE
 BUSINESSES  OR  INDUSTRIES  WHICH RECEIVE UTILITY SERVICE ORDINARILY AND
 PRIMARILY FOR USE IN CONNECTION  WITH  THE  PROFIT-SEEKING  MANUFACTURE,
 SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
   (C)  "OTHER  REASONABLE COSTS" MEANS REASONABLE OUT-OF-POCKET EXPENSES
 DIRECTLY INCURRED BY A PARTICIPANT THAT  ARE  DIRECTLY  RELATED  TO  THE
 CONTENTIONS  OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED IN
 A SUBSTANTIAL CONTRIBUTION.
   (D) "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY,  OR
 COMMISSION STAFF IN A HEARING OR PROCEEDING.
   (E)  "PROCEEDING"  MEANS A COMPLAINT, OR INVESTIGATION, RULEMAKING, OR
 OTHER FORMAL PROCEEDING BEFORE THE COMMISSION,  OR  ALTERNATIVE  DISPUTE
 RESOLUTION  PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE SPONSORED
 OR ENDORSED BY THE COMMISSION, PROVIDED HOWEVER SUCH  PROCEEDINGS  SHALL
 BE LIMITED TO THOSE ARISING UNDER AND PROCEEDING PURSUANT TO THE FOLLOW-
 ING ARTICLES OF THIS CHAPTER: (1) THE REGULATION OF THE PRICE OF GAS AND
 ELECTRICITY,  PURSUANT  TO  ARTICLE  FOUR  OF  THIS CHAPTER EXCEPT THOSE
 DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF SUBDIVISION TWELVE OF
 SECTION SIXTY-SIX OF THIS CHAPTER; (2) THE REGULATION OF  THE  PRICE  OF
 STEAM,  PURSUANT TO ARTICLE FOUR-A OF THIS CHAPTER; (3) THE SUBMETERING,
 REMETERING OR RESALE OF ELECTRICITY TO RESIDENTIAL PREMISES, PURSUANT TO
 SECTIONS SIXTY-FIVE AND SIXTY-SIX OF THIS CHAPTER, AND PURSUANT TO REGU-
 LATIONS REGARDING THE SUBMETERING, REMETERING, OR RESALE OF  ELECTRICITY
 ADOPTED  BY THE COMMISSION; AND (4) SUCH SECTIONS OF THIS CHAPTER AS ARE
 APPLICABLE TO A PROCEEDING IN WHICH THE COMMISSION MAKES  A  FINDING  ON
 THE RECORD THAT THE PUBLIC INTEREST REQUIRES THE REIMBURSEMENT OF UTILI-
 TY INTERVENOR FEES PURSUANT TO THIS SECTION.
   (F)  "SIGNIFICANT  FINANCIAL HARDSHIP" MEANS THAT THE PARTICIPANT WILL
 BE UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF  EFFEC-
 TIVE  PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES, AND
 OTHER REASONABLE COSTS OF PARTICIPATION.
   (G) "SMALL BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL  REVENUE  OF
 TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
   (H)  "SUBSTANTIAL  CONTRIBUTION"  MEANS  THAT,  IN THE JUDGMENT OF THE
 DEPARTMENT, THE PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY  ASSIST  THE
 COMMISSION  IN  MAKING  ITS  DECISION  BECAUSE THE DECISION MAY ADOPT IN
 WHOLE OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS,  OR
 A. 10008--B                        35
 
 SPECIFIC  POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED BY
 THE PARTICIPANT.
   2.  A  PARTICIPANT  MAY  APPLY FOR AN AWARD OF COMPENSATION UNDER THIS
 SECTION IN A PROCEEDING IN WHICH  SUCH  PARTICIPANT  HAS  SOUGHT  ACTIVE
 PARTY  STATUS  AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT SHALL DETER-
 MINE APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH  APPLI-
 CATIONS.    AT  THE TIME OF APPLICATION, SUCH PARTICIPANT SHALL SERVE ON
 EVERY PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD  OF
 COMPENSATION.
   AN APPLICATION SHALL INCLUDE:
   (A)  A  STATEMENT  OF  THE NATURE AND EXTENT AND THE FACTUAL AND LEGAL
 BASIS OF THE PARTICIPANT'S PLANNED PARTICIPATION IN  THE  PROCEEDING  AS
 FAR  AS  IT  IS  POSSIBLE TO DESCRIBE SUCH PARTICIPATION WITH REASONABLE
 SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
   (B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
 CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
 IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
   (C) IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT  FINAN-
 CIAL  HARDSHIP  AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO AN AWARD
 OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
 IN THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE  OF
 SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
   (D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
   3.  (A)  WITHIN  THIRTY  DAYS  AFTER  THE FILING OF AN APPLICATION THE
 DEPARTMENT SHALL ISSUE A DECISION THAT DETERMINES  WHETHER  OR  NOT  THE
 PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN
 THE  HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE PARTICIPANT
 REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
 MENT SHALL DESCRIBE THIS  SUBSTANTIAL  CONTRIBUTION  AND  DETERMINE  THE
 AMOUNT  OF  COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION.
   (B) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF  THE  DEPART-
 MENT  FINDS  THAT  THE PARTICIPANT HAS A SIGNIFICANT FINANCIAL HARDSHIP,
 THE DEPARTMENT MAY PAY ALL OR PART OF THE COMPENSATION  TO  THE  PARTIC-
 IPANT  PRIOR TO THE END OF THE PROCEEDING. IN THE EVENT THAT THE PARTIC-
 IPANT DISCONTINUES ITS  PARTICIPATION  IN  THE  PROCEEDING  WITHOUT  THE
 CONSENT OF THE DEPARTMENT, THE DEPARTMENT SHALL BE ENTITLED TO, IN WHOLE
 OR IN PART, RECOVER ANY PAYMENTS MADE TO SUCH PARTICIPANT.
   (C)  THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION SHALL TAKE INTO  CONSIDERATION  THE  MARKET  RATES  PAID  TO
 PERSONS   OF  COMPARABLE  TRAINING  AND  EXPERIENCE  WHO  OFFER  SIMILAR
 SERVICES. THE COMPENSATION AWARDED MAY NOT,  IN  ANY  CASE,  EXCEED  THE
 COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
 UTILITY,  WHICHEVER  IS  GREATER,  TO PERSONS OF COMPARABLE TRAINING AND
 EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
   (D) ANY COMPENSATION AWARDED TO A PARTICIPANT AND  NOT  USED  BY  SUCH
 PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT.
   (E)  THE  DEPARTMENT  SHALL  REQUIRE THAT PARTICIPANTS SEEKING PAYMENT
 MAINTAIN AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT  OF
 SUCH PROCEEDING.
   (I)  THE  DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES TO VERIFY
 THE CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT  PURSU-
 ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
   (II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
 AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
 A. 10008--B                        36

   (III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
 IPANT'S  RECORDS  IN MAKING ANY AUDIT OR DETERMINING THE AVAILABILITY OF
 FUNDS AFTER THE COMPLETION OF A PROCEEDING.
   (F)  IN  THE  EVENT THAT THE DEPARTMENT FINDS THAT TWO OR MORE PARTIC-
 IPANTS' APPLICATIONS HAVE SUBSTANTIALLY SIMILAR INTERESTS,  THE  DEPART-
 MENT  MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO RECEIVE
 COMPENSATION.
   4. ANY COMPENSATION PURSUANT TO THIS SECTION  SHALL  BE  PAID  AT  THE
 CONCLUSION OF THE PROCEEDING WITHIN THIRTY DAYS.
   5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
 TO  DELAY  OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF THE DEPART-
 MENT'S RESPONSIBILITIES.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART PP
 
   Section  1.  Subdivision 3 of section 6 of part T of chapter 57 of the
 laws of 2017 amending the environmental  conservation  law,  the  public
 health  law,  the  public authorities law, the state finance law and the
 soil and water conservation districts law relating to the implementation
 of the "clean water infrastructure act of 2017" is amended by  adding  a
 new paragraph h to read as follows:
   H.  IN ACCORDANCE WITH THE OTHER PROVISIONS OF THIS SECTION, THE ENVI-
 RONMENTAL FACILITIES CORPORATION SHALL ALSO UNDERTAKE AND PROVIDE  STATE
 FINANCIAL ASSISTANCE PAYMENTS, FROM FUNDS APPROPRIATED FOR SUCH PURPOSE,
 TO  RURAL  MUNICIPALITIES  IN  SUPPORT  OF  WATER QUALITY INFRASTRUCTURE
 PROJECTS. FOR THE PURPOSES OF THIS PARAGRAPH, "RURAL MUNICIPALITY" SHALL
 MEAN A MUNICIPALITY WITH A POPULATION OF 25,000 INHABITANTS OR LESS.
   (I) WHEN DEVELOPING THE MANNER, FORM AND TIMEFRAME OF APPLICATIONS FOR
 SUCH PROJECTS, PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION, THE ENVIRON-
 MENTAL FACILITIES CORPORATION SHALL, TO THE MAXIMUM EXTENT  PRACTICABLE,
 ENSURE  THAT  ANY  ADMINISTRATIVE  BURDENS  FOR RURAL MUNICIPALITIES ARE
 MINIMIZED.
   (II) WHEN AWARDING SUCH STATE FINANCIAL ASSISTANCE PAYMENTS, IN  ADDI-
 TION  TO  THE  PREFERENCE PROVISIONS OF PARAGRAPH F OF THIS SUBDIVISION,
 THE ENVIRONMENTAL FACILITIES CORPORATION  SHALL  ALSO  PRIORITIZE  WATER
 QUALITY  INFRASTRUCTURE  PROJECTS THAT PROMOTE THE PRESERVATION OF HOUS-
 ING.
   § 2. This act shall take effect immediately.
 
                                  PART QQ
 
   Section 1. The public service law is amended by adding a  new  section
 53-b to read as follows:
   §  53-B.  EXCELSIOR  POWER  PROGRAM.  1.  AS USED IN THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CUSTOMER" MEANS  A  RESIDENTIAL  RECIPIENT  OF  ELECTRIC  OR  GAS
 SERVICE FROM AN ELECTRIC CORPORATION, GAS CORPORATION, OR COMBINED ELEC-
 TRIC AND GAS CORPORATION, OR THE LONG ISLAND POWER AUTHORITY.
   (B)  "SMART  THERMOSTAT" MEANS AN ELECTRONIC DEVICE THAT IS ABLE TO BE
 ACCESSED AND CONTROLLED REMOTELY AND THAT DIRECTLY  REGULATES  CONNECTED
 HEATING  AND/OR COOLING APPLIANCES WITHIN A DWELLING TO MAINTAIN A THER-
 MOSTATIC RANGE.
   (C) "UTILITY" MEANS  AN  ELECTRIC  CORPORATION,  GAS  CORPORATION,  OR
 COMBINED ELECTRIC AND GAS CORPORATION.
 A. 10008--B                        37
 
   2.  THERE  IS HEREBY ESTABLISHED AN EXCELSIOR POWER PROGRAM, HEREAFTER
 THE PROGRAM, WHICH SHALL BE DEVELOPED AND ADMINISTERED BY THE DEPARTMENT
 PURSUANT TO REGULATION. THE PROGRAM SHALL BE DESIGNED TO  ENABLE  UTILI-
 TIES  AND  THE  LONG  ISLAND  POWER  AUTHORITY  TO REDUCE PEAK DEMAND BY
 REMOTELY  OPERATING VOLUNTARILY ENROLLED CUSTOMERS' SMART THERMOSTATS OR
 OTHERWISE AFFECTING SERVICE, IN EXCHANGE FOR A BILL CREDIT.  THE PROGRAM
 SHALL ALSO BE DESIGNED TO  PRIORITIZE  ENROLLING  CUSTOMERS  LOCATED  IN
 AREAS  THAT  ARE  FORECASTED TO FACE A RELIABILITY NEED AS IDENTIFIED BY
 THE FEDERALLY DESIGNATED BULK SYSTEM OPERATOR OR AREAS WHERE  THE  ELEC-
 TRIC  PLANT  CONSISTENTLY  EXPERIENCES  CONGESTION  AS IDENTIFIED BY THE
 COMMISSION.
   3. THE DEPARTMENT MAY, SUBJECT TO  APPROPRIATION,  DISBURSE  AVAILABLE
 AMOUNTS  TO  UTILITIES  PARTICIPATING IN THE PROGRAM AND THE LONG ISLAND
 POWER AUTHORITY FOR THE PURPOSE OF PROVIDING BILL CREDITS TO  CUSTOMERS.
 PROVIDED,  HOWEVER,  THAT  EACH  SUCH  BILL  CREDIT SHALL BE LIMITED PER
 CUSTOMER PER YEAR.
   4. NO CUSTOMER MAY BE ENROLLED IN THE PROGRAM WITHOUT THEIR  INFORMED,
 WRITTEN CONSENT PURSUANT TO THIS SECTION.
   5.  (A)  A  CUSTOMER MAY VOLUNTARILY ENROLL IN THE PROGRAM THROUGH THE
 UTILITY WITH WHICH THEY RECEIVE SERVICE, IF PARTICIPATING, OR  THE  LONG
 ISLAND  POWER  AUTHORITY,  ON A FORM PRESCRIBED BY THE DEPARTMENT, WHICH
 SHALL CLEARLY AND CONSPICUOUSLY STATE THAT UNDER  THE  PROGRAM  (I)  THE
 CUSTOMER'S  UTILITY  SERVICE  MAY BE INTERRUPTED, CURTAILED, TEMPORARILY
 REDUCED, OR OTHERWISE AFFECTED WITHOUT  THE  CUSTOMER'S  PRIOR  CONSENT;
 (II)  SUCH  SERVICE INTERRUPTIONS, CURTAILMENTS, OR REDUCTIONS MAY OCCUR
 ON THE HOTTEST AND COLDEST DAYS OF THE YEAR AND AFFECT  THE  COMFORT  OF
 THE CUSTOMER; AND (III) THE UTILITY, IN CONJUNCTION WITH THE SMART THER-
 MOSTAT  MANUFACTURER  OR  CONNECTION  SERVICE PROVIDER, WILL HAVE REMOTE
 ACCESS TO THE SMART THERMOSTAT  AND  WILL  BE  PERMITTED  TO  ALTER  ITS
 OUTPUTS  AND  SETTINGS,  INCLUDING  MODIFYING THE THERMOSTATIC RANGES OF
 HEATING AND COOLING APPLIANCES.
   (B) PRIOR TO ENROLLMENT, EACH CUSTOMER SHALL  RECEIVE  INFORMATION  IN
 PLAIN  LANGUAGE,  WHICH SHALL INCLUDE: (I) THE RIGHTS OF CUSTOMERS UNDER
 THE PROGRAM; (II) HOW TO DISENROLL OR TEMPORARILY SUSPEND  PARTICIPATION
 IN  THE PROGRAM; (III) EXAMPLES OF WHEN A UTILITY MAY CURTAIL SERVICE OR
 MODIFY THE SETTINGS OF A SMART THERMOSTAT UNDER THE  PROGRAM;  AND  (IV)
 THE  AVAILABILITY OF OTHER ENERGY EFFICIENCY AND AFFORDABILITY PROGRAMS,
 INCLUDING HOW TO ENROLL. SUCH INFORMATION SHALL ALSO BE  MADE  AVAILABLE
 ON  THE  DEPARTMENT'S  WEBSITE  AS  WELL AS EACH PARTICIPATING UTILITY'S
 WEBSITE AND THE WEBSITE OF THE LONG ISLAND POWER AUTHORITY.
   (C) A CUSTOMER MAY DISENROLL FROM THE PROGRAM OR  TEMPORARILY  SUSPEND
 PARTICIPATION  IN  THE  PROGRAM  AT ANY TIME WITHOUT PENALTY IN A MANNER
 PRESCRIBED BY THE COMMISSION. THE DEPARTMENT SHALL ENSURE THAT A CUSTOM-
 ER MAY QUICKLY AND EASILY DISENROLL AND, UPON DISENROLLMENT, MAY  ELIMI-
 NATE OR MODIFY PRO RATA ANY BILL CREDITS FOR PARTICIPATION.
   6.  EACH  PARTICIPATING  UTILITY  AND  THE LONG ISLAND POWER AUTHORITY
 SHALL:
   (A) TO THE MAXIMUM EXTENT PRACTICABLE, NOTIFY PARTICIPATING  CUSTOMERS
 OF  POTENTIAL CURTAILMENT EVENTS SUCH AS DURING FORECAST EXTREME WEATHER
 OR HIGH DEMAND EVENTS;
   (B) TAKE OTHER ACTIONS REASONABLY AVAILABLE TO THE UTILITY  TO  REDUCE
 PEAK  DEMAND, INCLUDING CURTAILMENT OF OTHER CLASSIFICATIONS OF SERVICE,
 PRIOR TO  AFFECTING  THE  SERVICE  OF  CUSTOMERS  PARTICIPATING  IN  THE
 PROGRAM; AND
   (C) ANNUALLY SUBMIT TO THE DEPARTMENT A REPORT REGARDING THE IMPLEMEN-
 TATION  OF  THE  PROGRAM.  SUCH  REPORT SHALL INCLUDE: (I) THE NUMBER OF
 A. 10008--B                        38
 
 CUSTOMERS PARTICIPATING; (II) THE NUMBER OF EVENTS THAT REQUIRED  DEMAND
 RESPONSE  OR  CURTAILMENT UNDER THE PROGRAM, AND THE NUMBER OF CUSTOMERS
 AFFECTED; (III) AN ACCOUNTING OF ALL BILL CREDITS PROVIDED TO CUSTOMERS;
 AND (IV) ANY OTHER INFORMATION REQUIRED BY THE COMMISSION.
   7.  IN ADDITION TO ANY OTHER CUSTOMER PROTECTIONS OF THIS CHAPTER, THE
 PROGRAM SHALL ENSURE THAT:
   (A) ANY INTERRUPTION, CURTAILMENT, OR  REDUCTION  OF  UTILITY  SERVICE
 UNDER THE PROGRAM SHALL BE TEMPORARY, LIMITED TO ONLY THE PERIOD OF TIME
 ACTUALLY  NECESSARY, AND SHALL NOT RESULT IN THE COMPLETE TERMINATION OF
 UTILITY SERVICE;
   (B) ANY CUSTOMER USAGE OR CONSUMPTION DATA COLLECTED OR ACCESSED UNDER
 THIS PROGRAM IN ANY MANNER (I) SHALL BE KEPT PRIVATE, SECURE, AND  PERI-
 ODICALLY  DESTROYED  OR CLEARED; AND (II) SHALL NOT BE SOLD, OFFERED FOR
 SALE, OR OTHERWISE PROVIDED, EITHER INDIVIDUALLY OR IN AGGREGATE; AND
   (C) CUSTOMERS WITH MEDICAL NEEDS THAT MAY BE AFFECTED BY  THE  PROGRAM
 SHALL  RECEIVE  SUFFICIENT  PROTECTIONS  TO  ENSURE CONTINUED HEALTH AND
 SAFETY AND THAT ANY ELECTRIC SERVICE ESSENTIAL FOR MEDICAL NEEDS, PURSU-
 ANT TO SECTION SIXTY-SIX OF THIS CHAPTER, IS NOT AFFECTED.
   8. THE DEPARTMENT, NO LATER THAN FEBRUARY FIRST OF  EACH  YEAR,  SHALL
 MAKE  PUBLIC ON ITS WEBSITE AND SUBMIT TO THE TEMPORARY PRESIDENT OF THE
 SENATE AND SPEAKER OF THE ASSEMBLY A REPORT REGARDING THE IMPLEMENTATION
 OF THE PROGRAM. SUCH REPORT SHALL, UTILIZING THE REPORTS OF  PARTICIPAT-
 ING  UTILITIES  REQUIRED  PURSUANT  TO  SUBDIVISION SIX OF THIS SECTION,
 INCLUDE:  (I) THE NUMBER OF CUSTOMERS PARTICIPATING STATEWIDE, INCLUDING
 THE NUMBER OF LOW-INCOME CUSTOMERS OR CUSTOMERS LOCATED IN DISADVANTAGED
 COMMUNITIES AS DEFINED BY SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVA-
 TION LAW; (II) A LIST OF PARTICIPATING UTILITIES; (III)  THE  NUMBER  OF
 EVENTS  THAT  REQUIRED DEMAND RESPONSE OR CURTAILMENT UNDER THE PROGRAM,
 INCLUDING THE TOTAL AMOUNT OF ENERGY  CURTAILED  OR  OTHERWISE  REDUCED,
 STATEWIDE,  AND  BY  EACH  UTILITY,  AS  WELL AS THE NUMBER OF CUSTOMERS
 AFFECTED; (IV) AN ACCOUNTING OF ALL BILL CREDITS PROVIDED  TO  CUSTOMERS
 STATEWIDE,  AND  BY  PARTICIPATING  UTILITY; AND (V) THE TOTAL AMOUNT OF
 MONEY PROVIDED UNDER THIS PROGRAM.   SUCH REPORT MAY BE  INCLUDED  AS  A
 DISTINCT  SECTION  OF  ANY  OTHER  REPORT REQUIRED TO BE MADE PUBLIC AND
 SUBMITTED TO THE LEGISLATURE PURSUANT TO THIS CHAPTER,  OR  SECTION  ONE
 HUNDRED SIXTY-FOUR OF THE EXECUTIVE LAW.
   9.  THE  DEPARTMENT  SHALL, WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF
 THIS SECTION, PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO EFFECTU-
 ATE THIS PROGRAM. NO CUSTOMER MAY BE ENROLLED OR FUNDS  DISBURSED  PRIOR
 TO THE ADOPTION OF RULES AND REGULATIONS REQUIRED BY THIS SUBDIVISION.
   §  2.  Title 1-A of article 5 of the public authorities law is amended
 by adding a new section 1020-nn to read as follows:
   § 1020-NN. EXCELSIOR POWER PROGRAM. THE AUTHORITY  IS  HEREBY  AUTHOR-
 IZED,  PURSUANT  TO  APPROPRIATION,  TO DISBURSE FUNDS RECEIVED FROM THE
 DEPARTMENT OF PUBLIC SERVICE FOR THE  IMPLEMENTATION  OF  THE  EXCELSIOR
 POWER  PROGRAM  PURSUANT  TO SECTION FIFTY-THREE-B OF THE PUBLIC SERVICE
 LAW TO CUSTOMERS ENROLLED IN SUCH PROGRAM IN THE FORM OF BILL CREDITS.
   § 3. This act shall take effect immediately.
 
                                  PART RR
 
   Section 1. The public service law is amended by adding a  new  article
 1-A to read as follows:
                                 ARTICLE 1-A
               STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
 SECTION 28.   DEFINITIONS.
 A. 10008--B                        39
 
         28-A. ESTABLISHMENT  OF THE STATE OFFICE OF THE UTILITY CONSUMER
                 ADVOCATE.
         28-B. POWERS  OF  THE STATE OFFICE OF THE UTILITY CONSUMER ADVO-
                 CATE.
         28-C. REPORTS.
   § 28. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "RESIDENTIAL  UTILITY  CUSTOMER"  MEANS  ANY PERSON WHO IS SOLD OR
 OFFERED FOR SALE RESIDENTIAL UTILITY SERVICE BY A UTILITY COMPANY.
   2. "UTILITY COMPANY" MEANS ANY PERSON OR ENTITY  OPERATING  AN  AGENCY
 FOR  PUBLIC  SERVICE,  INCLUDING,  BUT  NOT LIMITED TO, THOSE PERSONS OR
 ENTITIES SUBJECT  TO  THE  JURISDICTION,  SUPERVISION,  AND  REGULATIONS
 PRESCRIBED  BY  OR  PURSUANT TO THE PROVISIONS OF THIS CHAPTER. "UTILITY
 COMPANY" SHALL INCLUDE ANY SERVICE PROVIDER UNDER CONTRACT WITH THE LONG
 ISLAND POWER AUTHORITY PURSUANT TO TITLE ONE-A OF ARTICLE  FIVE  OF  THE
 PUBLIC AUTHORITIES LAW AS ADDED BY CHAPTER 517 OF THE LAWS OF 1986.
   3.  "OFFICE"  MEANS  THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
 ESTABLISHED PURSUANT TO THIS ARTICLE.
   § 28-A. ESTABLISHMENT OF THE STATE  OFFICE  OF  THE  UTILITY  CONSUMER
 ADVOCATE.  THERE  IS  HEREBY ESTABLISHED THE STATE OFFICE OF THE UTILITY
 CONSUMER ADVOCATE, TO REPRESENT THE INTERESTS OF UTILITY CUSTOMERS.  THE
 OFFICE  SHALL  BE  LED  BY  THE  UTILITY CONSUMER ADVOCATE, WHO SHALL BE
 APPOINTED BY THE GOVERNOR TO A TERM OF SIX YEARS, UPON  THE  ADVICE  AND
 CONSENT OF THE SENATE. THE UTILITY CONSUMER ADVOCATE SHALL POSSESS KNOW-
 LEDGE AND EXPERIENCE IN MATTERS AFFECTING UTILITY CUSTOMERS. THE UTILITY
 CONSUMER ADVOCATE SHALL NOT BE REMOVED FOR CAUSE BUT MAY BE REMOVED ONLY
 AFTER  NOTICE  AND OPPORTUNITY TO BE HEARD, AND ONLY FOR PERMANENT DISA-
 BILITY, MALFEASANCE, A FELONY, OR  CONDUCT  INVOLVING  MORAL  TURPITUDE.
 EXERCISE  OF  INDEPENDENT  JUDGMENT IN ADVOCATING POSITIONS ON BEHALF OF
 UTILITY CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR REMOVAL OF THE  UTILITY
 CONSUMER ADVOCATE.
   §  28-B.  POWERS OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE.
 1.  THE CONSUMER UTILITY ADVOCATE SHALL HAVE THE POWER AND DUTY TO:
   (A) BE RESPONSIBLE FOR THE DIRECTION, CONTROL, AND  OPERATION  OF  THE
 OFFICE, INCLUDING ITS HIRING OF STAFF AND RETENTION OF EXPERTS FOR ANAL-
 YSIS AND TESTIMONY IN PROCEEDINGS;
   (B)  EXERCISE  THEIR  INDEPENDENT DISCRETION IN DETERMINING WHETHER TO
 PARTICIPATE IN OR INITIATE ANY PROCEEDING AND IN SUCH  DISCRETION  SHALL
 CONSIDER  THE PUBLIC INTEREST, THE RESOURCES AVAILABLE, AND THE SUBSTAN-
 TIALITY OF THE EFFECT OF THE PROCEEDING  ON  THE  INTERESTS  OF  UTILITY
 CUSTOMERS;
   (C) EXERCISE THEIR INDEPENDENT DISCRETION IN DETERMINING THE INTERESTS
 OF  UTILITY  CUSTOMERS THAT WILL BE ADVOCATED FOR IN ANY PROCEEDING AND,
 IN SUCH DISCRETION, SHALL CONSIDER THE PUBLIC  INTEREST,  THE  RESOURCES
 AVAILABLE,  AND  THE  SUBSTANTIALITY  OF THE EFFECT OF SUCH INTERESTS TO
 UTILITY CUSTOMERS; AND
   (D) REPRESENT THE INTERESTS OF UTILITY CUSTOMERS AS A PARTY OR  OTHER-
 WISE  PARTICIPATE  FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF SUCH
 CUSTOMERS BEFORE  ANY  AUTHORITIES,  AGENCIES  OR  COURTS.  THE  UTILITY
 CONSUMER ADVOCATE MAY INITIATE PROCEEDINGS IF IN THEIR JUDGMENT DOING SO
 MAY  BE NECESSARY IN CONNECTION WITH ANY MATTER INVOLVING THE ACTIONS OR
 REGULATION OF UTILITY COMPANIES WHETHER ON APPEAL  OR  OTHERWISE  INITI-
 ATED.   THE UTILITY CONSUMER ADVOCATE MAY MONITOR ALL CASES BEFORE REGU-
 LATORY AGENCIES IN THE UNITED STATES,  INCLUDING  THE  FEDERAL  COMMUNI-
 CATIONS  COMMISSION  AND  THE  FEDERAL ENERGY REGULATORY COMMISSION THAT
 AFFECT THE INTERESTS OF UTILITY CUSTOMERS OF THE STATE AND MAY  FORMALLY
 A. 10008--B                        40
 
 PARTICIPATE  IN  THOSE PROCEEDINGS WHICH IN THEIR JUDGMENT WARRANTS SUCH
 PARTICIPATION.
   2. THE OFFICE SHALL HAVE THE POWER AND DUTY TO:
   (A)  INITIATE,  INTERVENE  IN,  OR  PARTICIPATE  ON  BEHALF OF UTILITY
 CUSTOMERS IN ANY PROCEEDINGS BEFORE THE COMMISSION OR THE DEPARTMENT  OF
 PUBLIC  SERVICE,  THE  FEDERAL ENERGY REGULATORY COMMISSION, THE FEDERAL
 COMMUNICATIONS COMMISSION, FEDERAL, STATE AND LOCAL  ADMINISTRATIVE  AND
 REGULATORY  AGENCIES,  AND  STATE  AND  FEDERAL  COURTS IN ANY MATTER OR
 PROCEEDINGS THAT MAY  SUBSTANTIALLY  AFFECT  THE  INTERESTS  OF  UTILITY
 CUSTOMERS,  INCLUDING,  BUT  NOT LIMITED TO, A PROPOSED CHANGE OF RATES,
 CHARGES, TERMS AND CONDITIONS OF SERVICE, THE ADOPTION OF  RULES,  REGU-
 LATIONS,  GUIDELINES,  ORDERS, STANDARDS OR FINAL POLICY DECISIONS WHERE
 THE UTILITY CONSUMER ADVOCATE DEEMS SUCH  INITIATION,  INTERVENTION,  OR
 PARTICIPATION TO BE NECESSARY OR APPROPRIATE;
   (B)  REPRESENT  THE INTERESTS OF UTILITY CUSTOMERS OF THE STATE BEFORE
 FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGENCIES  ENGAGED
 IN THE REGULATION OF ENERGY, TELECOMMUNICATIONS, WATER, AND OTHER UTILI-
 TY  SERVICES,  AND  BEFORE  STATE  AND  FEDERAL  COURTS  IN  ACTIONS AND
 PROCEEDINGS TO REVIEW THE ACTIONS OF  UTILITIES  OR  ORDERS  OF  UTILITY
 REGULATORY  AGENCIES.  ANY  ACTION OR PROCEEDINGS BROUGHT BY THE UTILITY
 CONSUMER ADVOCATE BEFORE A COURT OR AN AGENCY SHALL BE  BROUGHT  IN  THE
 NAME  OF  THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE. THE UTILITY
 CONSUMER ADVOCATE MAY JOIN WITH ANY UTILITY CUSTOMER OR GROUP OF UTILITY
 CUSTOMERS IN BRINGING AN ACTION;
   (C) ACCEPT AND INVESTIGATE COMPLAINTS FROM LONG ISLAND POWER AUTHORITY
 CUSTOMERS, ATTEMPT TO MEDIATE SUCH COMPLAINTS WHERE APPROPRIATE, DIRECT-
 LY WITH THE AUTHORITY OR THEIR SERVICE PROVIDER, AND REFER COMPLAINTS TO
 THE APPROPRIATE STATE AND LOCAL ENTITY AUTHORIZED BY LAW TO TAKE  ACTION
 WITH RESPECT TO SUCH COMPLAINTS;
   (D)  HOLD  FORUMS  IN THE SERVICE TERRITORY OF EACH UTILITY COMPANY TO
 EDUCATE UTILITY CUSTOMERS ABOUT UTILITY-RELATED MATTERS AND THE  REGULA-
 TORY  PROCESS,  OPPORTUNITIES  TO  LOWER  ENERGY  COSTS THROUGH METHODS,
 INCLUDING BUT NOT LIMITED TO, ENERGY EFFICIENCY, DISTRIBUTED GENERATION,
 BILL ASSISTANCE, OR AFFORDABILITY PROGRAMS, AND OTHER MATTERS  AFFECTING
 SUCH CUSTOMERS;
   (E)  REQUEST  AND  RECEIVE  FROM ANY STATE OR LOCAL AUTHORITY, AGENCY,
 DEPARTMENT OR DIVISION  OF  THE  STATE  OR  POLITICAL  SUBDIVISION  SUCH
 ASSISTANCE,  PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER DOCUMENTATION
 AND COOPERATION NECESSARY TO PERFORM THEIR DUTIES; AND
   (F) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
 EFFICIENTLY CARRY OUT THEIR WORK.
   3. THE UTILITY CONSUMER ADVOCATE AND THE OFFICE  SHALL,  AS  EMPOWERED
 UNDER  THIS  ARTICLE,  PRIORITIZE ACTIONS THAT WILL SUBSTANTIALLY AFFECT
 THE INTERESTS AND AFFORDABILITY OF RESIDENTIAL UTILITY CUSTOMERS.
   § 28-C. REPORTS. ON OR BEFORE JULY FIRST,  TWO  THOUSAND  TWENTY-SEVEN
 AND ANNUALLY THEREAFTER, THE OFFICE SHALL ISSUE A REPORT TO THE GOVERNOR
 AND  THE  LEGISLATURE, AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC FREE
 OF CHARGE ON A PUBLICLY AVAILABLE WEBSITE. SUCH  REPORT  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO, THE FOLLOWING:
   1.  ALL PROCEEDINGS THAT THE OFFICE PARTICIPATED IN AND THE OUTCOME OF
 SUCH PROCEEDINGS, TO THE EXTENT OF SUCH OUTCOME, AND  IF  NOT  CONFIDEN-
 TIAL;
   2.  ESTIMATED  SAVINGS  TO UTILITY CUSTOMERS THAT RESULTED FROM INTER-
 VENTION BY THE OFFICE, WITH DELINEATION BETWEEN RESIDENTIAL AND  NON-RE-
 SIDENTIAL CUSTOMERS;
 A. 10008--B                        41

   3.  ANONYMIZED INFORMATION DETAILING THE NUMBER OF CONSUMER COMPLAINTS
 RECEIVED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF  SECTION  TWEN-
 TY-EIGHT-B OF THIS ARTICLE;
   4.  ALL  FORUMS  THAT  THE  OFFICE  HELD, PURSUANT TO PARAGRAPH (D) OF
 SUBDIVISION TWO OF SECTION TWENTY-EIGHT-B OF THIS ARTICLE, AND  INFORMA-
 TION  RELEVANT TO SUCH FORUMS THAT INCLUDES, BUT IS NOT LIMITED TO:  THE
 NUMBER OF PARTICIPANTS, LOCATION, AND ANY OTHER INFORMATION  RELATED  TO
 SUCH FORUMS THE UTILITY CONSUMER ADVOCATE DEEMS APPROPRIATE; AND
   5.  POLICY  RECOMMENDATIONS  AND SUGGESTED STATUTORY AMENDMENTS AS THE
 OFFICE DEEMS NECESSARY AND APPROPRIATE.
   § 2. Subdivision 4 of section 94-a of the executive law is REPEALED.
   § 3. This act shall take effect October 1, 2026. Effective  immediate-
 ly,  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 SS
 
   Section 1. The Metropolitan Transportation Authority ("the authority")
 shall  take  necessary  steps to establish and implement a fare-free bus
 pilot program within the city of New York. The authority  shall  present
 the  fare-free bus pilot program to its board for approval no later than
 60 days after the effective date of  this  act,  for  implementation  no
 later than 90 days after board adoption.
   § 2. The purpose of the fare-free bus pilot program shall be to under-
 stand  the  impact of fare-free bus routes on ridership, quality of life
 issues, bus speed performance, operations, and  related  issues  as  the
 authority deems relevant.
   §  3.  The fare-free bus pilot program shall consist of five fare-free
 bus routes and shall cost no more than fifteen million  dollars  in  net
 operating  costs.  Net  operating costs shall be determined by the total
 costs of implementing the fare-free bus  pilot  program  and  shall  not
 accrue to the city of New York.
   §  4.  The  fare-free  bus  routes included in the fare-free bus pilot
 program shall be selected by the authority, provided that there shall be
 at least one fare-free bus route within each of the following  counties:
 Kings  County, New York County, Queens County, Richmond County and Bronx
 County. The factors considered by the authority in selecting such  fare-
 free  bus  routes shall include but not be limited to: (a) fare evasion;
 (b)   ridership,   including   subway   ridership   and   ridership   on
 adjacent/redundant  bus routes; (c) service adequacy and equity for low-
 income and economically disadvantaged communities;  and  (d)  access  to
 employment  and  commercial  activity  in  areas served by the fare-free
 routes.
   § 5. No express bus routes shall be  included  in  the  fare-free  bus
 pilot program.
   §  6.  The  authority  shall  report to its board on the fare-free bus
 pilot program after it has been in effect for six months and again  upon
 the  conclusion  of  the  pilot.  Such reports shall also be sent to the
 Governor, the temporary president of the Senate, and the speaker of  the
 Assembly,  and  shall  include,  but  not  be  limited to, the following
 comparative performance metrics: (a) ridership totals relative to equiv-
 alent time periods before the  pilots  took  effect;  (b)  increases  or
 decreases  in  fare evasion on adjacent/redundant bus routes and subways
 during the fare-free bus pilot program relative to the  equivalent  time
 period  before  the fare-free bus pilot program took effect; (c) service
 A. 10008--B                        42
 
 delivered; (d) average end-to-end bus speed changes; (e) customer  jour-
 ney  time performance; (f) additional bus stop time and travel time; (g)
 wait assessments; (h) the cost  to  provide  such  service  itemized  by
 route; and (i) any other impacts associated with and resulting from such
 fare-free bus pilot program.
   §  7. The fare-free bus routes shall revert to regular revenue service
 six to twelve months after the fare-free bus pilot program begins.
   § 8. This act shall take effect immediately.

                                  PART TT
 
   Section 1. This part enacts into law major components  of  legislation
 relating to affordable energy. Each component is wholly contained within
 a  subpart  identified  as  Subparts A through B. The effective date for
 each particular provision contained within such Subpart is set forth  in
 the last section of such Subpart. Any provision in any section contained
 within  a  Subpart,  including  the effective date of the Subpart, which
 makes a reference to a section "of this act", when  used  in  connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding section of the Subpart in which it is found. Section three
 of this act sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section 1. The legislature hereby finds and declares that:
   (a)  Access  to  public utility service that is provided at affordable
 and reasonable rates is central to the health, welfare, and  economy  of
 the  state.  Nearly  all  aspects  of the state rely on the provision of
 electric and/or gas service to: heat and cool homes, offices, and facto-
 ries; illuminate buildings; cook meals; charge vehicles; manufacture new
 products; and power the countless appliances, machines,  devices,  tech-
 nologies,  and  infrastructure  that serve as the backbone of the modern
 digital era.
   (b) For well over a century, the provision of utility service by inve-
 stor-owned corporations has been  recognized  as  serving  an  essential
 public  function, lawfully subject to comprehensive and systematic regu-
 lation by the state to protect and promote the public interest.    Under
 this  system  of regulation, which has been repeatedly upheld by federal
 and state courts, the obligation to provide fair and reasonable  utility
 rates does not entitle utility corporations to an immutable and absolute
 right  to profit, but instead grants great deference to the state to act
 in the public interest.
   (c) The burden of rising energy costs is becoming  increasingly  acute
 and  threatens  the  general prosperity of the state. Utility rates have
 hit an all-time high, as have utility  corporation's  profits,  and  the
 increased costs are being borne by all ratepayers. To further worsen the
 situation,  the  current rate structure disproportionately burdens resi-
 dential customers with relatively low energy usage,  particularly  those
 with lower or fixed incomes.
   (d)  Utility  service  is  a  natural  monopoly,  and  outside  of the
 provision of commodity service, New Yorkers do not have  a  say  in  who
 provides  them  utility  service. While utilities are allowed to recover
 the actual costs of providing service as well as a  reasonable  rate  of
 return  on  their  investment, the actual rates and charges passed on to
 customers are a matter of public concern and have been regulated by  the
 state for well over a century. Further, utility monopolies have no mark-
 A. 10008--B                        43
 
 et-based incentive to lower costs, absent the intervention of the legis-
 lature or the public service commission.
   (e)  As  the  state  enters further into the twenty-first century, the
 electric and gas system faces new challenges including rapidly  increas-
 ing demand and shifting patterns of usage. Aside from a series of orders
 by the commission in the 1990's limiting their control over the costs of
 generation  and  deregulating the utility industry, the current model of
 regulation and rate setting has remained  largely  unchanged  since  the
 dawn  of  the  public  service commission. In light of the all-time high
 utility rates, and recent  changes  in  financial  markets,  methods  of
 acquiring  capital,  the  globalization of the utility industry, and the
 shifting needs of utility customers, a reexamination of the  rationality
 and merits of the current utility regulatory model is appropriate.
   (f)  Any additional increase in utility rates, on top of the countless
 other energy burdens facing the state such as federally imposed tariffs,
 high interest  rates,  lingering  inflation,  and  the  reduced  federal
 support  of  financial  energy  assistance  and  clean energy transition
 programs, could have a harmful and ruinous effect on the health, welfare
 and economy of the state.
   § 2. (a) Notwithstanding any law to the contrary or any order  of  the
 public  service  commission  adopted prior to the effective date of this
 section, for a period commencing on the effective date of  this  section
 and  ending twenty-four months thereafter, the public service commission
 shall not adopt, approve, or otherwise take any action that would effec-
 tuate a major change in rates or charges. Such actions shall include, in
 relation to the rates and charges for the provision of electric  or  gas
 services by a utility corporation: (i) the approval of any matter relat-
 ing to a major change in rates or charges; (ii) the adoption or approval
 of  modifications to a tariff or schedule of rates or charges, including
 the implementation or effectuation of an  order  adopted  prior  to  the
 effective  date of this section, which would result in a major change in
 rates or charges; and the issuance  of  any  recommendation  that  would
 result in a major change in rates or charges submitted for review by the
 Long  Island power authority, or its designated service provider, pursu-
 ant to section one thousand twenty-f of the public authorities law.
   (b) Notwithstanding any law to the contrary, for a  period  commencing
 on  the  effective  date  of  this section and ending twenty-four months
 thereafter, the Long Island power authority shall  not  request,  submit
 for  recommendation to the public service commission, adopt, approve, or
 otherwise take any action on a matter relating to a change in  rates  or
 charges for the provision of electric service, including the adoption or
 modification of any contract for the provision of electric service, that
 would result in a major change to such rates or charges.
   §  3.  (a)  There  is  hereby established a temporary commission to be
 known as the blue ribbon commission on residential affordability through
 energy savings, or RATES commission, to study the causes and origins  of
 rising  utility  rates and to recommend any actions or reforms to reduce
 such rates.
   (b) The blue ribbon commission shall be composed of  twelve  appointed
 voting  members,  the  chairperson of the public service commission, and
 the presidents of the New York state energy development  authority,  the
 New  York power authority, and the Long Island power authority, or their
 designees, as well as a total of three non-voting  residential  ratepay-
 ers,  with  the governor, temporary president of the senate, and speaker
 of the assembly each appointing one. Voting members shall include:
   (i) four non-agency members to be appointed by the governor;
 A. 10008--B                        44
 
   (ii) three members to be appointed by the temporary president  of  the
 senate;
   (iii) three members to be appointed by the speaker of the assembly;
   (iv)  one member to be appointed by the minority leader of the senate;
 and
   (v) one member to be appointed by the minority leader of the assembly;
   (c) (i) The blue ribbon commission, by a majority vote, shall elect  a
 chairperson and any other necessary officers;
   (ii)  Each  member  of the blue ribbon commission shall have one vote,
 and a majority of the total number of  voting  members  which  the  blue
 ribbon commission would have were there no vacancies, shall constitute a
 quorum  and  shall be required for the blue ribbon commission to conduct
 business; provided, however, that no business shall be  conducted  prior
 to the initial appointment of all voting members;
   (iii)  Any  vacancies  shall be filled in the manner that provided for
 the initial appointment;
   (iv) All meetings of the blue ribbon commission shall be conducted  in
 accordance  with  the provisions of article seven of the public officers
 law; and
   (v) The blue ribbon commission shall meet at least every other  month,
 but  may  meet as frequently as its business may require, and shall hold
 at least one public hearing prior to the adoption of the report required
 by paragraph (f) of this section.
   (d) (i) Members shall have professional or academic expertise  in  one
 or  more of the following areas: utility regulation and oversight; rate-
 payer or consumer advocacy; utility management and administration; ener-
 gy or public utility law; utility systems; commodity market  regulation;
 and energy or public utility economics.
   (ii)  Members  shall  receive  no  compensation for their services but
 shall be reimbursed for actual and necessary expenses  incurred  in  the
 performance of their duties;
   (iii) The chairperson of the blue ribbon commission shall be responsi-
 ble for hiring any staff of the blue ribbon commission, with the consent
 of the commission members; and
   (iv)  Notwithstanding the provisions of any general, special, or local
 law, ordinance or city charter to the contrary, no member,  officer,  or
 employee  of the blue ribbon commission shall be disqualified from hold-
 ing any other public office or employment, nor shall  they  forfeit  any
 such  office  or  employment  by reason of their appointment to the blue
 ribbon commission.
   (e)(i) The blue ribbon commission may request and shall  receive  from
 any  subdivision, department, board, bureau, commission, office, agency,
 or other instrumentality of the state or of  any  political  subdivision
 thereof,  including,  but  not  limited  to,  the  department  of public
 service, the public  service  commission,  and  the  Long  Island  power
 authority, such facilities, assistance and data as it deems necessary or
 desirable for the proper execution of its powers and duties; and
   (ii)  The blue ribbon commission, to facilitate the development of the
 recommendations required by this section, and provided that such commis-
 sion takes measures to protect private information, shall have the power
 to examine the accounts, books, contracts, records, documents,  memoran-
 da,  and papers of any utility corporation under the jurisdiction of the
 public service commission or the Long Island power authority.
   (f) No later than eighteen months after the  effective  date  of  this
 section, the blue ribbon commission, shall develop, and after a superma-
 jority  vote of the blue ribbon commission, which shall include at least
 A. 10008--B                        45
 
 one member appointed by the governor, temporary president of the senate,
 and speaker of the assembly, adopt and make public on the department  of
 public  service's  website,  and  deliver to the governor, the temporary
 president  of  the  senate,  and  the speaker of the assembly, a report,
 which at a minimum, shall include:
   (i) an identification of the causes  and  origins  of  rising  utility
 rates, and the relative impacts of each such cause;
   (ii)  an  examination of the current regulatory model of public utili-
 ties, including:
   (1) the regulatory role of the  public  service  commission  over  the
 costs and market prices of electricity generation;
   (2)  the  merits  of  any  public service commission orders or actions
 limiting the oversight or regulation of electric generation, in light of
 the jurisdiction assigned to them under section 5 of the public  service
 law;
   (3)  the effects of any existing limitations on the ability of utility
 corporations to construct, own, and operate generating assets;
   (4) embedded cost of service modeling or asset cost distributions, and
 its effects on the  residential  price  of  electric  and  gas  service,
 particularly for low-use customers; and
   (5)  the  methodology used to determine a utility corporation's return
 on equity, the reasonableness of  current  commission-approved  returns,
 divergence  between  such returns and the returns of capital investments
 of similar risk, and ways in which the fiscal impacts of such returns on
 ratepayers can be minimized and made more transparent.
   (iii) an evaluation of the impacts of increased  demand  on  commodity
 and  delivery  costs, and the sufficiency of current and projected elec-
 tric supply to meet such increased demands;
   (iv) an examination of the current treatment of customer arrears,  and
 implications for rates;
   (v)  an  examination  of existing energy affordability programs, their
 effectiveness and participation rates,  as  well  as  the  merits  of  a
 centralized  office  to  coordinate and streamline the administration of
 energy affordability programs across state  agencies,  authorities,  and
 offices;
   (vi)  an examination of actions being taken in other states and juris-
 dictions to lower residential utility rates;
   (vii) an examination of the governance structure  and  powers  of  all
 federally  designated bulk system operators, and implications for whole-
 sale electric prices;
   (viii) an examination of utility corporation cost management practices
 that could be effectively replicated by other utility corporations;
   (ix) an examination of current commodity pricing models and  commodity
 market  design,  including  methodologies  that  employ uniform clearing
 prices above the lowest valid bids, and an examination of any strategies
 employed by actors in these markets that may undermine  market  competi-
 tiveness;
   (x)  an  assessment  of  opportunities to subsidize programs and oper-
 ations conducted pursuant to orders of the public service commission  by
 utility corporations and the New York state energy research and develop-
 ment authority through revenues or funds of the state;
   (xi) recommendations for eliminating future excess profits based on an
 evaluation of the findings of Subpart B;
   (xii) recommendations related to subsequent rate changes; and
 A. 10008--B                        46
 
   (xiii) other recommendations to the legislature and the public service
 commission  regarding  prudent and feasible actions that may be taken to
 lower or stabilize utility rates.
   (g)  The  blue  ribbon commission shall be deemed dissolved sixty days
 after the publication of the report required pursuant to subdivision (f)
 of this section.
   § 4. For purposes of this act, the  following  terms  shall  have  the
 following meanings:
   (a)  "Major  change"  shall  mean an increase in the rates and charges
 which would increase the aggregate revenues of the  utility  corporation
 more  than  the lesser of three hundred thousand dollars or two and one-
 half percent.
   (b) "Utility corporation" shall mean any "gas corporation",  "electric
 corporation",  or "combined gas and electric corporation", as such terms
 are defined in section 2 of the public service law and shall not include
 municipalities.
   § 5. This act shall take effect  immediately;  provided  however  that
 section  two of this act shall expire and be deemed repealed twenty-four
 months after such date.
 
                                 SUBPART B
 
   Section 1. (a) The public service commission, in consultation with the
 New York state energy research and development authority, shall  develop
 a  methodology to identify any excess profits resulting from the partic-
 ipation of electric generating facilities in  the  federally  designated
 bulk  system  operator's  short-term  electric commodity markets.   Such
 methodology shall include an analysis of financial data from  the  elec-
 tric  generating  facilities  and  the  federally designated bulk system
 operator and shall take into account all costs, revenues, and  ratepayer
 funded subsidies. Such methodology shall also, at a minimum measure:
   1.  any difference between the price of bids for the sale of electric-
 ity, formally submitted by owners or operators  of  electric  generating
 facilities  in  the state to the federally designated bulk system opera-
 tor's short-term commodity markets, and the price such owners or  opera-
 tors received in excess of such bid; and
   2.  any difference between the price of bids for the sale of electric-
 ity, formally submitted by owners or operators  of  electric  generating
 facilities  in  the state to the federally designated bulk system opera-
 tor's short-term commodity markets, and actual operating costs  of  such
 electric generating facilities.
   (b)  Electric  generating facilities and the federally designated bulk
 system operator shall provide any requested information to  the  commis-
 sion in a timely manner.
   (c) The commission shall identify and assess any excess profits, using
 the methodology established pursuant to subdivision (a) of this section,
 that  are  attributable  to any owner or operator of electric generating
 facilities, beginning January first, two thousand twenty-six, and in  an
 ongoing manner thereafter.
   (d) The commission shall deliver each assessment in a timely manner to
 the  relevant  owner  or operator of an electric generating facility and
 shall, in a manner determined by the commission, require  remittance  to
 the state of any amount assessed.
   (e)  The  commission, no later than February first, two thousand twen-
 ty-seven, shall have fulfilled the requirements of this  act  and  shall
 A. 10008--B                        47
 
 deliver  a  summary of such methodology, assessments, and remittances to
 the legislature and post such summary to the commission's website.
   (f)  As  used in this act the following terms shall have the following
 meanings:
   1. "Electric generating facility"  shall  have  the  same  meaning  as
 defined in section 575-a of the real property tax law.
   2. "Commission" shall mean the public service commission.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Subparts A through B of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART UU
 
   Section 1. Item (ii) of subparagraph (A) of paragraph 35 of subsection
 (i) of section 3216 of the insurance law, as amended by  chapter  62  of
 the laws of 2023, is amended to read as follows:
   (ii)  where  the policy provides coverage for physician services, such
 policy shall include benefits for outpatient care provided by a psychia-
 trist or psychologist licensed to practice in  this  state,  a  licensed
 clinical  social  worker  within  the  lawful scope of [his or her] SUCH
 LICENSED CLINICAL SOCIAL WORKER'S practice, who is licensed pursuant  to
 article  one  hundred  fifty-four  of the education law, a mental health
 counselor, marriage and family therapist, CREATIVE  ARTS  THERAPIST,  or
 psychoanalyst  licensed  pursuant  to article one hundred sixty-three of
 the education law, a nurse practitioner licensed  to  practice  in  this
 state,  or  a  professional  corporation  or university faculty practice
 corporation thereof.  Nothing herein shall be  construed  to  modify  or
 expand  the scope of practice of a mental health counselor, marriage and
 family therapist, CREATIVE ARTS  THERAPIST,  or  psychoanalyst  licensed
 pursuant  to  article  one  hundred  sixty-three  of  the education law.
 Further, nothing herein shall be construed  to  create  a  new  mandated
 health benefit.
   § 2. Subparagraph (A) of paragraph 4 of subsection (l) of section 3221
 of  the  insurance law, as amended by chapter 62 of the laws of 2023, is
 amended to read as follows:
   (A) Every insurer delivering a group policy or issuing a group  policy
 for delivery, in this state, that provides reimbursement for psychiatric
 or  psychological  services or for the diagnosis and treatment of mental
 health conditions,  however  defined  in  such  policy,  by  physicians,
 psychiatrists  or  psychologists,  shall  provide  the  same coverage to
 insureds for such services when performed by a licensed clinical  social
 worker,  within  the lawful scope of [his or her] SUCH LICENSED CLINICAL
 SOCIAL WORKER'S   practice, who is  licensed  pursuant  to  article  one
 hundred  fifty-four  of  the education law and mental health counselors,
 marriage and family therapists, CREATIVE ARTS THERAPISTS, and psychoana-
 lysts licensed pursuant to article one hundred sixty-three of the educa-
 A. 10008--B                        48
 
 tion law, within the lawful scope of [his or  her]  SUCH  MENTAL  HEALTH
 COUNSELOR'S,  MARRIAGE  AND/OR  FAMILY THERAPIST'S, CREATIVE ARTS THERA-
 PIST'S, OR PSYCHOANALYST'S practice. Nothing herein shall  be  construed
 to  modify or expand the scope of practice of a mental health counselor,
 marriage and family therapist, CREATIVE ARTS THERAPIST, or psychoanalyst
 licensed pursuant to article one hundred sixty-three  of  the  education
 law. Further, nothing herein shall be construed to create a new mandated
 health benefit.
   § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (l) of
 section  3221 of the insurance law, as amended by chapter 62 of the laws
 of 2023, is amended to read as follows:
   (ii) where the policy provides coverage  for  physician  services,  it
 shall include benefits for outpatient care provided by a psychiatrist or
 psychologist  licensed  to  practice  in  this state, or a mental health
 counselor, marriage and family therapist, CREATIVE  ARTS  THERAPIST,  or
 psychoanalyst  licensed  pursuant  to article one hundred sixty-three of
 the education law, or a  licensed  clinical  social  worker  within  the
 lawful  scope  of  [his  or  her] SUCH LICENSED CLINICAL SOCIAL WORKER'S
 practice, who is licensed pursuant to article one hundred fifty-four  of
 the  education  law,  a  nurse practitioner licensed to practice in this
 state, or a professional  corporation  or  university  faculty  practice
 corporation  thereof.  Nothing  herein  shall  be construed to modify or
 expand the scope of practice of a mental health counselor, marriage  and
 family  therapist,  CREATIVE  ARTS  THERAPIST, or psychoanalyst licensed
 pursuant to article  one  hundred  sixty-three  of  the  education  law.
 Further,  nothing  herein  shall  be  construed to create a new mandated
 health benefit.
   § 4. Paragraph 2 of subsection (g) of section 4303  of  the  insurance
 law, as amended by chapter 62 of the laws of 2023, is amended to read as
 follows:
   (2)  where  the contract provides coverage for physician services such
 contract shall provide  benefits  for  outpatient  care  provided  by  a
 psychiatrist  or  psychologist  licensed to practice in this state, or a
 mental health counselor, marriage and family  therapist,  CREATIVE  ARTS
 THERAPIST,  or  psychoanalyst licensed   pursuant to article one hundred
 sixty-three of the education law, or a licensed clinical  social  worker
 within  the  lawful  scope of [his or her] SUCH LICENSED CLINICAL SOCIAL
 WORKER'S practice, who is  licensed  pursuant  to  article  one  hundred
 fifty-four  of the education law, a nurse practitioner licensed to prac-
 tice in this state, or professional corporation  or  university  faculty
 practice corporation thereof. Nothing herein shall be construed to modi-
 fy  or  expand  the  scope  of  practice  of  a mental health counselor,
 marriage and family therapist, CREATIVE ARTS THERAPIST, or psychoanalyst
 licensed pursuant to article one hundred sixty-three  of  the  education
 law. Further, nothing herein shall be construed to create a new mandated
 health benefit.
   §  5.  Subsection (n) of section 4303 of the insurance law, as amended
 by chapter 62 of the laws of 2023, is amended to read as follows:
   (n) Every health service  or  medical  expense  indemnity  corporation
 issuing  a group contract pursuant to this section or a group remittance
 contract for delivery in this state which contract  provides  reimburse-
 ment  to  subscribers  or physicians, psychiatrists or psychologists for
 psychiatric or psychological services or for the diagnosis and treatment
 of mental health conditions, however  defined  in  such  contract,  must
 provide  the  same  coverage to persons covered under the group contract
 for such services when performed by a licensed clinical  social  worker,
 A. 10008--B                        49
 
 within  the  lawful  scope of [his or her] SUCH LICENSED CLINICAL SOCIAL
 WORKER'S practice, who is  licensed  pursuant  to  article  one  hundred
 fifty-four  of the education law and a mental health counselor, marriage
 and family therapist, CREATIVE ARTS THERAPIST, or psychoanalyst licensed
 pursuant  to article one hundred sixty-three of the education law. Noth-
 ing herein shall be construed to modify or expand the scope of  practice
 of  a  mental  health counselor, marriage and family therapist, CREATIVE
 ARTS THERAPIST,  or  psychoanalyst  licensed  pursuant  to  article  one
 hundred sixty-three of the education law.  Further, nothing herein shall
 be  construed  to  create a new mandated health benefit. The state board
 for social work shall maintain a list of all  licensed  clinical  social
 workers  qualified  for  reimbursement  under this subsection. The state
 board for mental health practitioners  shall  maintain  a  list  of  all
 licensed mental health counselors, marriage and family therapists, CREA-
 TIVE  ARTS  THERAPISTS,  or  psychoanalysts  qualified for reimbursement
 under this subsection.
   § 6. This act shall take effect immediately and  shall  apply  to  all
 policies  and contracts issued, renewed, modified, altered or amended on
 or 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 UU of this act shall be
 as specifically set forth in the last section of such Parts.