[ ] is old law to be omitted.
                                                            LBD12574-05-5
 S. 3009--C                          2                         A. 3009--C
 
   in relation to the empire state jobs  retention  program  (Subpart  B)
   (Part  H);  to  amend  the tax law, in relation to film production and
   post-production credits (Part I); to amend  the  economic  development
   law  and the tax law, in relation to the newspaper and broadcast media
   jobs program (Part J); to amend the tax law, in relation to the empire
   state digital gaming  media  production  credit  (Part  K);  to  amend
   subpart  B  of  part PP of chapter 59 of the laws of 2021 amending the
   tax law and the state finance law relating  to  establishing  the  New
   York  city musical and theatrical production tax credit and establish-
   ing the New York state council on  the arts cultural program fund,  in
   relation  to  the  effectiveness thereof; and to amend the tax law, in
   relation to the New York city musical and  theatrical  production  tax
   credit  (Part  L); to amend the tax law, in relation to clarifying the
   notices afforded protest rights (Part M); to amend  the  tax  law,  in
   relation  to  the  filing  of tax warrants and warrant-related records
   (Part N); to amend the real property tax  law  and  the  tax  law,  in
   relation  to  simplifying  STAR  income  determinations; and to repeal
   certain provisions of such laws  relating  thereto  (Part  O);  inten-
   tionally  omitted  (Part  P); intentionally omitted (Part Q); to amend
   the tax law, in relation to increasing  the  estimated  tax  threshold
   under article nine-A of the tax law (Part R); to amend the tax law, in
   relation  to establishing a tax credit for organ donation (Part S); to
   amend the tax law, in relation to extending the estate tax  three-year
   gift  addback rule (Part T); amend the tax law, in relation to expand-
   ing the credit for employment of persons with disabilities  (Part  U);
   to  amend the tax law, in relation to reporting of federal partnership
   adjustments (Subpart A); and to amend the administrative code  of  the
   city  of  New  York,  in  relation to reporting of federal partnership
   adjustments (Subpart B) (Part V); to amend the tax law and the  admin-
   istrative  code of the city of New York, in relation to establishing a
   credit against the tax on personal income of certain  residents  of  a
   city  having a population of one million or more inhabitants (Part W);
   intentionally omitted (Part X); to amend the tax law, in  relation  to
   extending  the  clean heating fuel credit for three years (Part Y); to
   amend the tax law, in relation to extending the alternative fuels  and
   electric  vehicle recharging property credit for three years (Part Z);
   to amend the tax law, in relation to extending the sales tax exemption
   for certain sales made through vending machines (Part  AA);  to  amend
   the  labor law, in relation to extending the workers with disabilities
   tax credit (Part BB); to amend the tax law, in relation  to  extending
   the hire a vet credit (Part CC); to amend part HH of chapter 59 of the
   laws  of 2014, amending the tax law relating to a musical and theatri-
   cal production credit, in relation to the effectiveness thereof  (Part
   DD);  to  amend part U of chapter 59 of the laws of 2017, amending the
   tax law, relating to the financial institution data match  system  for
   state tax collection purposes, in relation to extending the effective-
   ness  thereof (Part EE); to amend the racing, pari-mutuel wagering and
   breeding law, in relation to  simplifying  the  pari-mutuel  tax  rate
   system;  and to repeal section 908 of the racing, pari-mutuel wagering
   and breeding law relating thereto (Subpart A); to  amend  the  racing,
   pari-mutuel  wagering  and  breeding  law, in relation to licenses for
   simulcast facilities, sums relating to track simulcast,  simulcast  of
   out-of-state  thoroughbred races, simulcasting of races run by out-of-
   state harness tracks and distributions of wagers; to amend chapter 281
   of the laws of 1994 amending  the  racing,  pari-mutuel  wagering  and
   breeding  law  and other laws relating to simulcasting, in relation to
 S. 3009--C                          3                         A. 3009--C
 
   the effectiveness  thereof; and to amend chapter 346 of  the  laws  of
   1990  amending  the  racing, pari-mutuel wagering and breeding law and
   other laws relating to simulcasting  and  the  imposition  of  certain
   taxes,  in  relation  to the effectiveness thereof (Subpart B); and to
   amend the racing, pari-mutuel wagering and breeding law and the  state
   finance  law,  in  relation to market origin credits and fees (Subpart
   C)(Part FF); to amend the racing, pari-mutuel  wagering  and  breeding
   law,  in relation to the tax on gaming revenues in certain regions; to
   amend part OOO of chapter 59 of the laws of 2021 amending the  racing,
   pari-mutuel wagering  and  breeding  law relating to the tax on gaming
   revenues,  in relation to the effectiveness thereof; and providing for
   the repeal of certain provisions upon expiration thereof (Part GG); to
   amend the racing, pari-mutuel wagering and breeding law,  in  relation
   to  the  utilization  of funds in the Capital off-track betting corpo-
   rations' capital acquisition funds (Part HH);  to  amend  the  racing,
   pari-mutuel  wagering  and  breeding law, in relation to enhancing the
   health and safety of thoroughbred horses; and providing for the repeal
   of such provisions upon expiration thereof (Part II); to amend the tax
   law and chapter 60 of the laws of 2016 amending the tax  law  relating
   to  creating a farm workforce retention credit, in relation to extend-
   ing the provisions thereof (Part JJ); to  amend  the  agriculture  and
   markets law and the tax law, in relation to the farm employer overtime
   credit  (Part  KK);  to amend part H of chapter 59 of the laws of 2024
   amending the tax law relating to the filing of amended  returns  under
   article 28 thereof, in relation to making technical corrections there-
   to (Part LL); to amend the tax law, in relation to vendor fees paid to
   certain vendor tracks; and providing for the repeal of such provisions
   upon  expiration  thereof  (Part MM); to amend the racing, pari-mutuel
   wagering and breeding law, in relation to members  of  the  franchised
   corporation appointed by the New York racing association (Part NN); to
   amend  the  racing, pari-mutuel wagering and breeding law, in relation
   to mobile sports tax revenue be used for problem gambling  (Part  OO);
   to extend the duration of certain brownfield redevelopment and remedi-
   ation  tax  credits for certain sites (Part PP); to amend the tax law,
   in relation to the relief from sales tax liability provided to certain
   limited partners and members of limited liability companies (Part QQ);
   to amend the tax law, in relation  to  simplifying  the  property  tax
   credit;  and to repeal certain provisions of such law relating thereto
   (Part RR); to amend the tax law, in relation to authorizing  an  occu-
   pancy  tax in the city of Auburn; and providing for the repeal of such
   provisions upon expiration thereof (Part SS); to amend the tax law, in
   relation to authorizing the city of Buffalo  to  impose  a  hotel  and
   motel  tax;  and  providing for the repeal of such provisions upon the
   expiration thereof (Part TT); to amend the tax  law,  in  relation  to
   geothermal energy systems tax credits (Part UU); to amend the tax law,
   in  relation to the metropolitan commuter transportation mobility tax;
   and to amend the public authorities law, in relation to  amending  the
   rates  of  tax and the distribution of revenue therefrom (Part VV); to
   amend the tax law, in relation to sales and compensating use taxes for
   the metropolitan commuter transportation district; to amend the  state
   finance  law, in relation to the mass transportation operating assist-
   ance fund and the dedicated mass transportation  trust  fund;  and  to
   amend  the  public  authorities  law,  in relation to the metropolitan
   transportation authority dedicated tax fund (Part WW);  and  to  amend
   the  public  authorities  law,  in relation to the aggregate principal
   amount of bonds, notes or other obligations issued by the metropolitan
 S. 3009--C                          4                         A. 3009--C
 
   transit authority, the triborough bridge and tunnel authority and  the
   New York city transit authority (Part XX)
 
   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
 which are necessary to implement the state fiscal plan for the 2025-2026
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through XX. 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 606 of the tax law  is  amended  by  adding  a  new
 subsection (qqq) to read as follows:
   (QQQ)  INFLATION REFUND CREDIT. (1) A TAXPAYER WHO MEETS THE ELIGIBIL-
 ITY STANDARDS IN PARAGRAPH TWO OF THIS SUBSECTION  SHALL  BE  ALLOWED  A
 CREDIT AGAINST THE TAXES IMPOSED BY THIS ARTICLE IN THE AMOUNT SPECIFIED
 IN  PARAGRAPH THREE OF THIS SUBSECTION FOR TAX YEAR TWO THOUSAND TWENTY-
 FIVE.
   (2) TO BE ELIGIBLE FOR THE CREDIT, THE TAXPAYER (OR  TAXPAYERS  FILING
 JOINT  RETURNS)(A)  MUST  HAVE BEEN A FULL-YEAR RESIDENT IN THE STATE OF
 NEW YORK IN TAX YEAR TWO THOUSAND TWENTY-THREE, (B) (I)  MUST  HAVE  HAD
 NEW YORK ADJUSTED GROSS INCOME OF THREE HUNDRED THOUSAND DOLLARS OR LESS
 IN  TAX  YEAR  TWO  THOUSAND TWENTY-THREE IF THEY FILED A NEW YORK STATE
 RESIDENT INCOME TAX RETURN AS MARRIED  TAXPAYERS  FILING  JOINTLY  OR  A
 QUALIFIED  SURVIVING  SPOUSE,  OR  (II)  MUST HAVE HAD NEW YORK ADJUSTED
 GROSS INCOME OF ONE HUNDRED FIFTY THOUSAND DOLLARS OR LESS IN  TAX  YEAR
 TWO THOUSAND TWENTY-THREE IF THEY FILED A NEW YORK STATE RESIDENT INCOME
 TAX  RETURN  AS  A  SINGLE  TAXPAYER, MARRIED TAXPAYER FILING A SEPARATE
 RETURN, OR HEAD OF HOUSEHOLD, AND (C) MUST NOT HAVE BEEN  CLAIMED  AS  A
 DEPENDENT BY ANOTHER TAXPAYER IN TAX YEAR TWO THOUSAND TWENTY-THREE.
   (3) AMOUNT OF CREDIT. (A) FOR TAXPAYERS WHO MEET THE ELIGIBILITY STAN-
 DARDS  IN  PARAGRAPH  TWO WHO FILED A NEW YORK STATE RESIDENT INCOME TAX
 RETURN AS MARRIED TAXPAYERS FILING  JOINTLY  OR  A  QUALIFIED  SURVIVING
 SPOUSE,  (I)  WITH  NEW  YORK  ADJUSTED GROSS INCOME OF GREATER THAN ONE
 HUNDRED FIFTY THOUSAND DOLLARS BUT NO GREATER THAN THREE  HUNDRED  THOU-
 SAND  DOLLARS  IN  TAX YEAR TWO THOUSAND TWENTY-THREE, THE CREDIT AMOUNT
 SHALL BE THREE HUNDRED DOLLARS, OR (II) WITH  NEW  YORK  ADJUSTED  GROSS
 INCOME OF NO GREATER THAN ONE HUNDRED FIFTY THOUSAND DOLLARS IN TAX YEAR
 TWO  THOUSAND  TWENTY-THREE,  THE  CREDIT  AMOUNT  SHALL BE FOUR HUNDRED
 DOLLARS, AND (B) FOR TAXPAYERS WHO MEET  THE  ELIGIBILITY  STANDARDS  IN
 PARAGRAPH TWO WHO FILED A NEW YORK STATE RESIDENT INCOME TAX RETURN AS A
 SINGLE  TAXPAYER,  MARRIED TAXPAYER FILING A SEPARATE RETURN, OR HEAD OF
 HOUSEHOLD, (I) WITH NEW YORK  ADJUSTED  GROSS  INCOME  OF  GREATER  THAN
 SEVENTY-FIVE  THOUSAND  DOLLARS  BUT  NO  GREATER THAN ONE HUNDRED FIFTY
 THOUSAND DOLLARS IN TAX  YEAR  TWO  THOUSAND  TWENTY-THREE,  THE  CREDIT
 AMOUNT  SHALL  BE  ONE  HUNDRED  FIFTY  DOLLARS,  OR  (II) WITH NEW YORK
 S. 3009--C                          5                         A. 3009--C
 
 ADJUSTED GROSS INCOME OF NO GREATER THAN SEVENTY-FIVE  THOUSAND  DOLLARS
 IN  TAX  YEAR  TWO THOUSAND TWENTY-THREE, THE CREDIT AMOUNT SHALL BE TWO
 HUNDRED DOLLARS.
   (4) THE AMOUNT OF THE CREDIT SHALL BE TREATED AS AN OVERPAYMENT OF TAX
 TO  BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 SIX HUNDRED EIGHTY-SIX OF  THIS  ARTICLE,  PROVIDED,  HOWEVER,  THAT  NO
 INTEREST  SHALL  BE  PAID  THEREON. THE COMMISSIONER SHALL DETERMINE THE
 TAXPAYER'S ELIGIBILITY FOR THIS CREDIT UTILIZING THE INFORMATION  AVAIL-
 ABLE  TO  THE  COMMISSIONER ON THE TAXPAYER'S PERSONAL INCOME TAX RETURN
 FILED FOR TAX YEAR TWO THOUSAND TWENTY-THREE. FOR THOSE  TAXPAYERS  WHOM
 THE  COMMISSIONER  HAS  DETERMINED ELIGIBLE FOR THIS CREDIT, THE COMMIS-
 SIONER SHALL ADVANCE A PAYMENT IN  THE  AMOUNT  SPECIFIED  IN  PARAGRAPH
 THREE  OF  THIS  SUBSECTION. A TAXPAYER WHO FAILED TO RECEIVE AN ADVANCE
 PAYMENT THAT THEY BELIEVE WAS DUE, OR WHO RECEIVED  AN  ADVANCE  PAYMENT
 THAT  THEY  BELIEVE  IS  LESS  THAN THE AMOUNT THAT WAS DUE, MAY REQUEST
 PAYMENT OF THE CLAIMED DEFICIENCY IN A MANNER PRESCRIBED BY THE  COMMIS-
 SIONER.
   §  2. Notwithstanding any provision of law to the contrary, any credit
 paid pursuant to this act, to the extent includible in gross income  for
 federal  income  tax  purposes,  shall  not be subject to state or local
 income tax.
   § 3. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Clauses (vi) and (vii) of subparagraph (B) of  paragraph  1
 of subsection (a) of section 601 of the tax law, as amended by section 1
 of subpart A of part A of chapter 59 of the laws of 2022, are amended to
 read as follows:
   (vi)  For  taxable  years  beginning  in two thousand twenty-three and
 before two thousand [twenty-eight] TWENTY-SIX the following rates  shall
 apply:
 If the New York taxable income is:    The tax is:
 Not over $17,150                      4% of the New York taxable income
 Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
                                       $17,150
 Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
                                       $23,600
 Over $27,900 but not over $161,550    $1,202 plus 5.5% of excess over
                                       $27,900
 Over $161,550 but not over $323,200   $8,553 plus 6.00% of excess over
                                       $161,550
 Over $323,200 but not over            $18,252 plus 6.85% of excess over
 $2,155,350                            $323,200
 Over $2,155,350 but not over          $143,754 plus 9.65% of excess over
 $5,000,000                            $2,155,350
 Over $5,000,000 but not over          $418,263 plus 10.30% of excess over
 $25,000,000                           $5,000,000
 Over $25,000,000                      $2,478,263 plus 10.90% of excess over
                                       $25,000,000
   (vii)  For  taxable  years beginning after two thousand [twenty-seven]
 TWENTY-FIVE AND BEFORE TWO THOUSAND  TWENTY-SEVEN  the  following  rates
 shall apply:
 S. 3009--C                          6                         A. 3009--C
 
 [If the New York taxable income is:   The tax is:
 Not over $17,150                      4% of the New York taxable income
 Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
                                       $17,150
 Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
                                       $23,600
 Over $27,900 but not over $161,550    $1,202 plus 5.5% of excess over
                                       $27,900
 Over $161,550 but not over $323,200   $8,553 plus 6.00% of excess
                                       over $161,550
 Over $323,200 but not over            $18,252 plus 6.85% of excess
 $2,155,350                            over $323,200
 Over $2,155,350                       $143,754 plus  8.82% of excess
                                       over $2,155,350]
 IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
 NOT OVER $17,150                      3.90% OF THE NEW YORK TAXABLE
                                       INCOME
 OVER $17,150 BUT NOT OVER $23,600     $669 PLUS 4.40% OF EXCESS OVER
                                       $17,150
 OVER $23,600 BUT NOT OVER $27,900     $953 PLUS 5.15% OF EXCESS OVER
                                       $23,600
 OVER $27,900 BUT NOT OVER $161,550    $1,174 PLUS 5.40% OF EXCESS OVER
                                       $27,900
 OVER $161,550 BUT NOT OVER $323,200   $8,391 PLUS 5.90% OF EXCESS OVER
                                       $161,550
 OVER $323,200 BUT NOT OVER            $17,928 PLUS 6.85% OF EXCESS
 $2,155,350                            OVER $323,200
 OVER $2,155,350 BUT NOT OVER          $143,430 PLUS 9.65% OF EXCESS
 $5,000,000                            OVER $2,155,350
 OVER $5,000,000 BUT NOT OVER          $417,939 PLUS 10.30% OF EXCESS
 $25,000,000                           OVER $5,000,000
 OVER $25,000,000                      $2,477,939 PLUS 10.90% OF EXCESS
                                       OVER $25,000,000
 
   §  2. Subparagraph (B) of paragraph 1 of subsection (a) of section 601
 of the tax law is amended by adding two new clauses (viii) and  (ix)  to
 read as follows:
   (VIII)  FOR  TAXABLE YEARS BEGINNING AFTER TWO THOUSAND TWENTY-SIX AND
 BEFORE TWO THOUSAND THIRTY-THREE THE FOLLOWING RATES SHALL APPLY:
 IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
 NOT OVER $17,150                      3.80% OF THE NEW YORK TAXABLE
                                       INCOME
 OVER $17,150 BUT NOT OVER $23,600     $652 PLUS 4.30% OF EXCESS OVER
                                       $17,150
 OVER $23,600 BUT NOT OVER $27,900     $929 PLUS 5.05% OF EXCESS OVER
                                       $23,600
 OVER $27,900 BUT NOT OVER $161,550    $1,146 PLUS 5.30% OF EXCESS OVER
                                       $27,900
 OVER $161,550 BUT NOT OVER $323,200   $8,229 PLUS 5.80% OF EXCESS
                                       OVER $161,550
 OVER $323,200 BUT NOT OVER            $17,605 PLUS 6.85% OF EXCESS
 $2,155,350                            OVER $323,200
 OVER $2,155,350 BUT NOT OVER          $143,107 PLUS 9.65% OF EXCESS
 $5,000,000                            OVER $2,155,350
 OVER $5,000,000 BUT NOT OVER          $417,616 PLUS 10.30% OF EXCESS
 S. 3009--C                          7                         A. 3009--C
 
 $25,000,000                           OVER $5,000,000
 OVER $25,000,000                      $2,477,616 PLUS 10.90% OF EXCESS
                                       OVER $25,000,000
 
   (IX)  FOR  TAXABLE  YEARS  BEGINNING AFTER TWO THOUSAND THIRTY-TWO THE
 FOLLOWING RATES SHALL APPLY:
 IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
 NOT OVER $17,150                      3.80% OF THE NEW YORK TAXABLE
                                       INCOME
 OVER $17,150 BUT NOT OVER $23,600     $652 PLUS 4.30% OF EXCESS OVER
                                       $17,150
 OVER $23,600 BUT NOT OVER $27,900     $929 PLUS 5.05% OF EXCESS OVER
                                       $23,600
 OVER $27,900 BUT NOT OVER $161,550    $1,146 PLUS 5.30% OF EXCESS OVER
                                       $27,900
 OVER $161,550 BUT NOT OVER $323,200   $8,229 PLUS 5.80% OF EXCESS
                                       OVER $161,550
 OVER $323,200 BUT NOT OVER            $17,605 PLUS 6.85% OF EXCESS
 $2,155,350                            OVER $323,200
 OVER $2,155,350                       $143,107 PLUS 8.82% OF EXCESS
                                       OVER $2,155,350
 
   § 3. Clauses (vi) and (vii) of subparagraph  (B)  of  paragraph  1  of
 subsection (b) of section 601 of the tax law, as amended by section 2 of
 subpart  A  of  part A of chapter 59 of the laws of 2022, are amended to
 read as follows:
   (vi) For taxable years beginning  in  two  thousand  twenty-three  and
 before  two thousand [twenty-eight] TWENTY-SIX the following rates shall
 apply:
 If the New York taxable income is:    The tax is:
 Not over $12,800                      4% of the New York taxable income
 Over $12,800 but not over $17,650     $512 plus 4.5% of excess over
                                       $12,800
 Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
                                       $17,650
 Over $20,900 but not over $107,650    $901 plus 5.5% of excess over
                                       $20,900
 Over $107,650 but not over $269,300   $5,672 plus 6.00% of excess over
                                       $107,650
 Over $269,300 but not over            $15,371 plus 6.85% of excess over
 $1,616,450                            $269,300
 Over $1,616,450 but not over          $107,651 plus 9.65% of excess over
 $5,000,000                            $1,616,450
 Over $5,000,000 but not over          $434,163 plus 10.30% of excess over
 $25,000,000                           $5,000,000
 Over $25,000,000                      $2,494,163 plus 10.90% of excess over
                                       $25,000,000
 
   (vii) For taxable years beginning after  two  thousand  [twenty-seven]
 TWENTY-FIVE  AND  BEFORE  TWO  THOUSAND TWENTY-SEVEN the following rates
 shall apply:
 [If the New York taxable income is:   The tax is:
 Not over $12,800                      4% of the New York taxable income
 Over $12,800 but not over             $512 plus 4.5% of excess over
 $17,650                               $12,800
 Over $17,650 but not over             $730 plus 5.25% of excess over
 S. 3009--C                          8                         A. 3009--C
 $20,900                               $17,650
 Over $20,900 but not over             $901 plus 5.5% of excess over
 $107,650                              $20,900
 Over $107,650 but not over            $5,672 plus 6.00% of excess
 $269,300                              over $107,650
 Over $269,300 but not over            $15,371 plus 6.85% of excess
 $1,616,450                            over $269,300
 Over $1,616,450                       $107,651 plus  8.82% of excess
                                       over $1,616,450]
 
 IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
 NOT OVER $12,800                      3.90% OF THE NEW YORK TAXABLE
                                       INCOME
 OVER $12,800 BUT NOT OVER             $499 PLUS 4.40% OF EXCESS OVER
 $17,650                               $12,800
 OVER $17,650 BUT NOT OVER             $712 PLUS 5.15% OF EXCESS OVER
 $20,900                               $17,650
 OVER $20,900 BUT NOT OVER             $879 PLUS 5.40% OF EXCESS OVER
 $107,650                              $20,900
 OVER $107,650 BUT NOT OVER            $5,564 PLUS 5.90% OF EXCESS
 $269,300                              OVER $107,650
 OVER $269,300 BUT NOT OVER            $15,101 PLUS 6.85% OF EXCESS
 $1,616,450                            OVER $269,300
 OVER $1,616,450 BUT NOT OVER          $107,381 PLUS 9.65% OF EXCESS
 $5,000,000                            OVER $1,616,450
 OVER $5,000,000 BUT NOT OVER          $433,894 PLUS 10.30% OF EXCESS
 $25,000,000                           OVER $5,000,000
 OVER $25,000,000                      $2,493,894 PLUS 10.90% OF EXCESS
                                       OVER $25,000,000
 
   §  4. Subparagraph (B) of paragraph 1 of subsection (b) of section 601
 of the tax law is amended by adding two new clauses (viii) and  (ix)  to
 read as follows:
   (VIII)  FOR  TAXABLE YEARS BEGINNING AFTER TWO THOUSAND TWENTY-SIX AND
 BEFORE TWO THOUSAND THIRTY-THREE THE FOLLOWING RATES SHALL APPLY:
 IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
 NOT OVER $12,800                      3.80% OF THE NEW YORK TAXABLE
                                       INCOME
 OVER $12,800 BUT NOT OVER             $486 PLUS 4.30% OF EXCESS OVER
 $17,650                               $12,800
 OVER $17,650 BUT NOT OVER             $695 PLUS 5.05% OF EXCESS OVER
 $20,900                               $17,650
 OVER $20,900 BUT NOT OVER             $859 PLUS 5.30% OF EXCESS OVER
 $107,650                              $20,900
 OVER $107,650 BUT NOT OVER            $5,457 PLUS 5.80% OF EXCESS
 $269,300                              OVER $107,650
 OVER $269,300 BUT NOT OVER            $14,833 PLUS 6.85% OF EXCESS
 $1,616,450                            OVER $269,300
 OVER $1,616,450 BUT NOT OVER          $107,113 PLUS 9.65% OF EXCESS
 $5,000,000                            OVER $1,616,450
 OVER $5,000,000 BUT NOT OVER          $433,626 PLUS 10.30% OF EXCESS
 $25,000,000                           OVER $5,000,000
 OVER $25,000,000                      $2,493,626 PLUS 10.90% OF EXCESS
                                       OVER $25,000,000
 S. 3009--C                          9                         A. 3009--C
 
   (IX) FOR TAXABLE YEARS BEGINNING AFTER  TWO  THOUSAND  THIRTY-TWO  THE
 FOLLOWING RATES SHALL APPLY:
 IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
 NOT OVER $12,800                      3.80% OF THE NEW YORK TAXABLE
                                       INCOME
 OVER $12,800 BUT NOT OVER             $486 PLUS 4.30% OF EXCESS OVER
 $17,650                               $12,800
 OVER $17,650 BUT NOT OVER             $695 PLUS 5.05% OF EXCESS OVER
 $20,900                               $17,650
 OVER $20,900 BUT NOT OVER             $859 PLUS 5.30% OF EXCESS OVER
 $107,650                              $20,900
 OVER $107,650 BUT NOT OVER            $5,457 PLUS 5.80% OF EXCESS
 $269,300                              OVER $107,650
 OVER $269,300 BUT NOT OVER            $14,833 PLUS 6.85% OF EXCESS
 $1,616,450                            OVER $269,300
 OVER $1,616,450                       $107,113 PLUS 8.82% OF EXCESS
                                       OVER $1,616,450
 
   §  5.  Clauses  (vi)  and  (vii) of subparagraph (B) of paragraph 1 of
 subsection (c) of section 601 of the tax law, as amended by section 3 of
 subpart A of part A of chapter 59 of the laws of 2022,  are  amended  to
 read as follows:
   (vi)  For  taxable  years  beginning  in two thousand twenty-three and
 before two thousand [twenty-eight] TWENTY-SIX the following rates  shall
 apply:
 If the New York taxable income is:    The tax is:
 Not over $8,500                       4% of the New York taxable income
 Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
                                       $8,500
 Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
                                       $11,700
 Over $13,900 but not over $80,650     $600 plus 5.50% of excess over
                                       $13,900
 Over $80,650 but not over $215,400    $4,271 plus 6.00% of excess over
                                       $80,650
 Over $215,400 but not over            $12,356 plus 6.85% of excess over
 $1,077,550                            $215,400
 Over $1,077,550 but not over          $71,413 plus 9.65% of excess over
 $5,000,000                            $1,077,550
 Over $5,000,000 but not over          $449,929 plus 10.30% of excess over
 $25,000,000                           $5,000,000
 Over $25,000,000                      $2,509,929 plus 10.90% of excess over
                                       $25,000,000
   (vii)  For  taxable  years beginning after two thousand [twenty-seven]
 TWENTY-FIVE AND BEFORE TWO THOUSAND  TWENTY-SEVEN  the  following  rates
 shall apply:
 [If the New York taxable income is:   The tax is:
 Not over $8,500                       4% of the New York taxable income
 Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
                                       $8,500
 Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
                                       $11,700
 Over $13,900 but not over $80,650     $600 plus 5.50% of excess over
                                       $13,900
 Over $80,650 but not over $215,400    $4,271 plus 6.00% of excess
 S. 3009--C                         10                         A. 3009--C
                                       over $80,650
 Over $215,400 but not over            $12,356 plus 6.85% of excess
 $1,077,550                            over $215,400
 Over $1,077,550                       $71,413 plus 8.82% of excess
                                       over $1,077,550]
 IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
 NOT OVER $8,500                       3.90% OF THE NEW YORK TAXABLE INCOME
 OVER $8,500 BUT NOT OVER $11,700      $332 PLUS 4.40% OF EXCESS OVER
                                       $8,500
 OVER $11,700 BUT NOT OVER $13,900     $473 PLUS 5.15% OF EXCESS OVER
                                       $11,700
 OVER $13,900 BUT NOT OVER $80,650     $586 PLUS 5.40% OF EXCESS OVER
                                       $13,900
 OVER $80,650 BUT NOT OVER $215,400    $4,191 PLUS 5.90% OF EXCESS
                                       OVER $80,650
 OVER $215,400 BUT NOT OVER            $12,141 PLUS 6.85% OF EXCESS
 $1,077,550                            OVER $215,400
 OVER $1,077,550 BUT NOT OVER          $71,198 PLUS 9.65% OF EXCESS
 $5,000,000                            OVER $1,077,550
 OVER $5,000,000 BUT NOT OVER          $449,714 PLUS 10.30% OF EXCESS
 $25,000,000                           OVER $5,000,000
 OVER $25,000,000                      $2,509,714 PLUS 10.90% OF EXCESS
                                       OVER $25,000,000
 
   §  6. Subparagraph (B) of paragraph 1 of subsection (c) of section 601
 of the tax law is amended by adding two new clauses (viii) and  (ix)  to
 read as follows:
   (VIII)  FOR  TAXABLE YEARS BEGINNING AFTER TWO THOUSAND TWENTY-SIX AND
 BEFORE TWO THOUSAND THIRTY-THREE THE FOLLOWING RATES SHALL APPLY:
 IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
 NOT OVER $8,500                       3.80% OF THE NEW YORK TAXABLE INCOME
 OVER $8,500 BUT NOT OVER $11,700      $323 PLUS 4.30% OF EXCESS OVER
                                       $8,500
 OVER $11,700 BUT NOT OVER $13,900     $461 PLUS 5.05% OF EXCESS OVER
                                       $11,700
 OVER $13,900 BUT NOT OVER $80,650     $572 PLUS 5.30% OF EXCESS OVER
                                       $13,900
 OVER $80,650 BUT NOT OVER $215,400    $4,110 PLUS 5.80% OF EXCESS
                                       OVER $80,650
 OVER $215,400 BUT NOT OVER            $11,926 PLUS 6.85% OF EXCESS
 $1,077,550                            OVER $215,400
 OVER $1,077,550 BUT NOT OVER          $70,983 PLUS 9.65% OF EXCESS
 $5,000,000                            OVER $1,077,550
 OVER $5,000,000 BUT NOT OVER          $449,499 PLUS 10.30% OF EXCESS
 $25,000,000                           OVER $5,000,000
 OVER $25,000,000                      $2,509,499 PLUS 10.90% OF EXCESS
                                       OVER $25,000,000
   (IX) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND THIRTY-TWO THE
 FOLLOWING RATES SHALL APPLY:
 IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
 NOT OVER $8,500                       3.80% OF THE NEW YORK TAXABLE INCOME
 OVER $8,500 BUT NOT OVER $11,700      $323 PLUS 4.30% OF EXCESS OVER
                                       $8,500
 OVER $11,700 BUT NOT OVER $13,900     $461 PLUS 5.05% OF EXCESS OVER
                                       $11,700
 OVER $13,900 BUT NOT OVER $80,650     $572 PLUS 5.30% OF EXCESS OVER
 S. 3009--C                         11                         A. 3009--C
 
                                       $13,900
 OVER $80,650 BUT NOT OVER $215,400    $4,110 PLUS 5.80% OF EXCESS
                                       OVER $80,650
 OVER $215,400 BUT NOT OVER            $11,926 PLUS 6.85% OF EXCESS
 $1,077,550                            OVER $215,400
 OVER $1,077,550                       $70,983 PLUS 8.82% OF EXCESS
                                       OVER $1,077,550
 
   §  7.  The opening paragraph of subsection (d-4) of section 601 of the
 tax law, as added by section 3 of subpart B of part A of chapter  59  of
 the laws of 2022, is amended to read as follows:
   Alternative   tax   table   benefit   recapture.  Notwithstanding  the
 provisions of subsection (d), (d-1), (d-2) or (d-3) of this section, for
 taxable years beginning on or after two thousand twenty-three and before
 two thousand  [twenty-eight]  TWENTY-SIX,  there  is  hereby  imposed  a
 supplemental  tax  in addition to the tax imposed under subsections (a),
 (b) and (c) of this section for the purpose of recapturing  the  benefit
 of  the  tax  tables contained in such subsections. During these taxable
 years, any reference in this chapter to subsection (d), (d-1), (d-2)  or
 (d-3) of this section shall be read as a reference to this subsection.
   §  8.  Section  601  of  the  tax  law  is amended by adding three new
 subsections (d-5), (d-6) and (d-7) to read as follows:
   (D-5) ALTERNATIVE TAX TABLE  BENEFIT  RECAPTURE.  NOTWITHSTANDING  THE
 PROVISIONS OF SUBSECTION (D), (D-1), (D-2), (D-3), (D-4), (D-6) OR (D-7)
 OF  THIS  SECTION,  FOR TAXABLE YEARS BEGINNING ON OR AFTER TWO THOUSAND
 TWENTY-SIX AND BEFORE TWO THOUSAND TWENTY-SEVEN, THERE IS HEREBY IMPOSED
 A SUPPLEMENTAL TAX IN ADDITION TO THE TAX IMPOSED UNDER SUBSECTIONS (A),
 (B) AND (C) OF THIS SECTION FOR THE PURPOSE OF RECAPTURING  THE  BENEFIT
 OF  THE  TAX  TABLES CONTAINED IN SUCH SUBSECTIONS. DURING THESE TAXABLE
 YEARS, ANY REFERENCE IN THIS CHAPTER TO SUBSECTION  (D),  (D-1),  (D-2),
 (D-3),  (D-4),  (D-6) OR (D-7) OF THIS SECTION SHALL BE READ AS A REFER-
 ENCE TO THIS SUBSECTION.
   (1) FOR RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS AND RESIDENT
 SURVIVING SPOUSES:
   (A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER  THAN  $107,650,  BUT
 NOT OVER $25,000,000:
   (I)  THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
 NEW YORK TAXABLE INCOME AS FOLLOWS:
 GREATER THAN    NOT OVER          RECAPTURE BASE    INCREMENTAL BENEFIT
 $27,900         $161,550          $0                $333
 $161,550        $323,200          $333              $807
 $323,200        $2,155,350        $1,140            $3,071
 $2,155,350      $5,000,000        $4,211            $60,350
 $5,000,000      $25,000,000       $64,561           $32,500
   (II) THE APPLICABLE AMOUNT SHALL BE DETERMINED  BY  NEW  YORK  TAXABLE
 INCOME AS FOLLOWS:
 GREATER THAN NOT OVER    APPLICABLE AMOUNT
 $27,900      $161,550    NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
 $161,550     $323,200    NEW YORK ADJUSTED GROSS INCOME MINUS $161,550
 $323,200     $2,155,350  NEW YORK ADJUSTED GROSS INCOME MINUS $323,200
 $2,155,350   $5,000,000  NEW YORK ADJUSTED GROSS INCOME MINUS $2,155,350
 $5,000,000   $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
   (III)  THE  PHASE-IN  FRACTION  SHALL  BE A FRACTION, THE NUMERATOR OF
 WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS  OR  THE  APPLICABLE
 AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
 S. 3009--C                         12                         A. 3009--C
 
   (IV)  THE  SUPPLEMENTAL  TAX  DUE SHALL EQUAL THE SUM OF THE RECAPTURE
 BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE  PHASE-
 IN  FRACTION.  PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
 THE TAXPAYER IS LESS THAN TWENTY-SEVEN THOUSAND  NINE  HUNDRED  DOLLARS,
 THE  SUPPLEMENTAL  TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE PRODUCT OF
 5.40 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX  TABLE  COMPUTATION
 ON  THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION
 (A) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS
 THE LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED  GROSS  INCOME
 MINUS  ONE  HUNDRED  SEVEN  THOUSAND  SIX HUNDRED FIFTY DOLLARS, AND THE
 DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
   (B) IF NEW YORK ADJUSTED GROSS  INCOME  IS  GREATER  THAN  TWENTY-FIVE
 MILLION  DOLLARS,  THE  SUPPLEMENTAL  TAX DUE SHALL EQUAL THE DIFFERENCE
 BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
 TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN  PARA-
 GRAPH ONE OF SUBSECTION (A) OF THIS SECTION.
   (2) FOR RESIDENT HEADS OF HOUSEHOLDS:
   (A)  IF  NEW  YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650, BUT
 NOT OVER $25,000,000:
   (I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED  BY
 NEW YORK TAXABLE INCOME AS FOLLOWS:
 GREATER THAN    NOT OVER          RECAPTURE BASE    INCREMENTAL BENEFIT
 $107,650        $269,300          $0                $787
 $269,300        $1,616,450        $787              $2,559
 $1,616,450      $5,000,000        $3,346            $45,260
 $5,000,000      $25,000,000       $48,606           $32,500
   (II)  THE  APPLICABLE  AMOUNT  SHALL BE DETERMINED BY NEW YORK TAXABLE
 INCOME AS FOLLOWS:
 GREATER THAN NOT OVER    APPLICABLE AMOUNT
 $107,650     $269,300    NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
 $269,300     $1,616,450  NEW YORK ADJUSTED GROSS INCOME MINUS $269,300
 $1,616,450   $5,000,000  NEW YORK ADJUSTED GROSS INCOME MINUS $1,616,450
 $5,000,000   $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
   (III) THE PHASE-IN FRACTION SHALL BE  A  FRACTION,  THE  NUMERATOR  OF
 WHICH  SHALL  BE  THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
 AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
   (IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE  SUM  OF  THE  RECAPTURE
 BASE  AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
 IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE  INCOME  OF
 THE  TAXPAYER  IS LESS THAN ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY
 DOLLARS, THE SUPPLEMENTAL TAX SHALL EQUAL  THE  DIFFERENCE  BETWEEN  THE
 PRODUCT  OF  5.90  PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE
 COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF
 SUBSECTION (B) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE  NUMERATOR
 OF  WHICH  IS  THE LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED
 GROSS INCOME MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS,
 AND THE DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
   (B) IF NEW YORK ADJUSTED GROSS  INCOME  IS  GREATER  THAN  TWENTY-FIVE
 MILLION  DOLLARS,  THE  SUPPLEMENTAL  TAX DUE SHALL EQUAL THE DIFFERENCE
 BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
 TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN  PARA-
 GRAPH ONE OF SUBSECTION (B) OF THIS SECTION.
   (3)  FOR  RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS
 FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS:
   (A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER  THAN  $107,650,  BUT
 NOT OVER $25,000,000:
 S. 3009--C                         13                         A. 3009--C
 
   (I)  THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
 NEW YORK TAXABLE INCOME AS FOLLOWS:
 GREATER THAN   NOT OVER      RECAPTURE BASE    INCREMENTAL BENEFIT
 $80,650        $215,400      $0                $567
 $215,400       $1,077,550    $567              $2,047
 $1,077,550     $5,000,000    $2,614            $30,172
 $5,000,000     $25,000,000   $32,786           $32,500
   (II)  THE  APPLICABLE  AMOUNT  SHALL BE DETERMINED BY NEW YORK TAXABLE
 INCOME AS FOLLOWS:
 GREATER THAN NOT OVER    APPLICABLE AMOUNT
 $80,650      $215,400    NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
 $215,400     $1,077,550  NEW YORK ADJUSTED GROSS INCOME MINUS $215,400
 $1,077,550   $5,000,000  NEW YORK ADJUSTED GROSS INCOME MINUS $1,077,550
 $5,000,000   $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
   (III) THE PHASE-IN FRACTION SHALL BE  A  FRACTION,  THE  NUMERATOR  OF
 WHICH  SHALL  BE  THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
 AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
   (IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE  SUM  OF  THE  RECAPTURE
 BASE  AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
 IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE  INCOME  OF
 THE TAXPAYER IS LESS THAN EIGHTY THOUSAND SIX HUNDRED FIFTY DOLLARS, THE
 SUPPLEMENTAL TAX SHALL EQUAL  THE DIFFERENCE BETWEEN THE PRODUCT OF 5.90
 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE COMPUTATION ON THE
 NEW  YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION (C) OF
 THIS SECTION, MULTIPLIED BY A FRACTION, THE  NUMERATOR OF WHICH  IS  THE
 LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED GROSS INCOME MINUS
 ONE  HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS, AND THE DENOMINA-
 TOR OF WHICH IS FIFTY THOUSAND DOLLARS.
   (B) IF NEW YORK ADJUSTED GROSS  INCOME  IS  GREATER  THAN  TWENTY-FIVE
 MILLION  DOLLARS,  THE  SUPPLEMENTAL  TAX DUE SHALL EQUAL THE DIFFERENCE
 BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
 TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN  PARA-
 GRAPH ONE OF SUBSECTION (C) OF THIS SECTION.
   (D-6)  ALTERNATIVE  TAX  TABLE BENEFIT RECAPTURE.  NOTWITHSTANDING THE
 PROVISIONS OF SUBSECTION (D), (D-1), (D-2), (D-3), (D-4), (D-5) OR (D-7)
 OF THIS SECTION, FOR TAXABLE YEARS BEGINNING ON OR  AFTER  TWO  THOUSAND
 TWENTY-SEVEN  AND  BEFORE  TWO  THOUSAND  THIRTY-THREE,  THERE IS HEREBY
 IMPOSED A  SUPPLEMENTAL  TAX  IN  ADDITION  TO  THE  TAX  IMPOSED  UNDER
 SUBSECTIONS  (A),  (B) AND (C) OF THIS SECTION FOR THE PURPOSE OF RECAP-
 TURING THE BENEFIT OF THE TAX  TABLES  CONTAINED  IN  SUCH  SUBSECTIONS.
 DURING  THESE TAXABLE YEARS, ANY REFERENCE IN THIS CHAPTER TO SUBSECTION
 (D), (D-1), (D-2), (D-3), (D-4), (D-5) OR (D-7) OF THIS SECTION SHALL BE
 READ AS A REFERENCE TO THIS SUBSECTION.
   (1) FOR RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS AND RESIDENT
 SURVIVING SPOUSES:
   (A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER  THAN  $107,650,  BUT
 NOT OVER $25,000,000:
   (I)  THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
 NEW YORK TAXABLE INCOME AS FOLLOWS:
   GREATER THAN  NOT OVER     RECAPTURE BASE  INCREMENTAL BENEFIT
   $27,900       $161,550     $0              $333
   $161,550      $323,200     $333            $808
   $323,200      $2,155,350   $1,141          $3,393
   $2,155,350    $5,000,000   $4,534          $60,350
   $5,000,000    $25,000,000  $64,884         $32,500
 S. 3009--C                         14                         A. 3009--C
 
   (II) THE APPLICABLE AMOUNT SHALL BE DETERMINED  BY  NEW  YORK  TAXABLE
 INCOME AS FOLLOWS:
   GREATER THAN NOT OVER     APPLICABLE AMOUNT
   $27,900      $161,550     NEW YORK ADJUSTED GROSS INCOME
                             MINUS $107,650
   $161,550     $323,200     NEW YORK ADJUSTED GROSS INCOME
                             MINUS $161,550
   $323,200     $2,155,350   NEW YORK ADJUSTED GROSS INCOME
                             MINUS $323,200
   $2,155,350   $5,000,000   NEW YORK ADJUSTED GROSS INCOME
                             MINUS $2,155,350
   $5,000,000   $25,000,000  NEW YORK ADJUSTED GROSS INCOME
                             MINUS $5,000,000
   (III)  THE  PHASE-IN  FRACTION  SHALL  BE A FRACTION, THE NUMERATOR OF
 WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS  OR  THE  APPLICABLE
 AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
   (IV)  THE  SUPPLEMENTAL  TAX  DUE SHALL EQUAL THE SUM OF THE RECAPTURE
 BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE  PHASE-
 IN  FRACTION.  PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
 THE TAXPAYER IS LESS THAN TWENTY-SEVEN THOUSAND  NINE  HUNDRED  DOLLARS,
 THE  SUPPLEMENTAL  TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE PRODUCT OF
 5.30 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX  TABLE  COMPUTATION
 ON  THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION
 (A) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE   NUMERATOR OF  WHICH
 IS  THE  LESSER  OF  FIFTY  THOUSAND  DOLLARS OR NEW YORK ADJUSTED GROSS
 INCOME MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY  DOLLARS,  AND
 THE DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
   (B)  IF  NEW  YORK  ADJUSTED  GROSS INCOME IS GREATER THAN TWENTY-FIVE
 MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE  SHALL  EQUAL  THE  DIFFERENCE
 BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
 TAX  TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
 GRAPH ONE OF SUBSECTION (A) OF THIS SECTION.
   (2) FOR RESIDENT HEADS OF HOUSEHOLDS:
   (A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER  THAN  $107,650,  BUT
 NOT OVER $25,000,000:
   (I)  THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
 NEW YORK TAXABLE INCOME AS FOLLOWS:
   GREATER THAN NOT OVER     RECAPTURE BASE        INCREMENTAL BENEFIT
   $107,650     $269,300     $0                    $787
   $269,300     $1,616,450   $787                  $2,827
   $1,616,450   $5,000,000   $3,614                $45,260
   $5,000,000   $25,000,000  $48,874               $32,500
   (II) THE APPLICABLE AMOUNT SHALL BE DETERMINED  BY  NEW  YORK  TAXABLE
 INCOME AS FOLLOWS:
   GREATER THAN NOT OVER     APPLICABLE AMOUNT
   $107,650     $269,300     NEW YORK ADJUSTED GROSS INCOME
                             MINUS $107,650
   $269,300     $1,616,450   NEW YORK ADJUSTED GROSS INCOME
                             MINUS $269,300
   $1,616,450   $5,000,000   NEW YORK ADJUSTED GROSS INCOME
                             MINUS $1,616,450
   $5,000,000   $25,000,000  NEW YORK ADJUSTED GROSS INCOME
                             MINUS $5,000,000
   (III)  THE  PHASE-IN  FRACTION  SHALL  BE A FRACTION, THE NUMERATOR OF
 WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS  OR  THE  APPLICABLE
 AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
 S. 3009--C                         15                         A. 3009--C
 
   (IV)  THE  SUPPLEMENTAL  TAX  DUE SHALL EQUAL THE SUM OF THE RECAPTURE
 BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE  PHASE-
 IN  FRACTION.  PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
 THE TAXPAYER IS LESS THAN ONE HUNDRED SEVEN THOUSAND SIX  HUNDRED  FIFTY
 DOLLARS,  THE  SUPPLEMENTAL  TAX  SHALL EQUAL THE DIFFERENCE BETWEEN THE
 PRODUCT OF 5.80 PERCENT AND NEW YORK TAXABLE INCOME AND  THE  TAX  TABLE
 COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF
 SUBSECTION  (B) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR
 OF WHICH IS THE LESSER OF FIFTY THOUSAND DOLLARS OR  NEW  YORK  ADJUSTED
 GROSS INCOME MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS,
 AND THE DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
   (B)  IF  NEW  YORK  ADJUSTED  GROSS INCOME IS GREATER THAN TWENTY-FIVE
 MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE  SHALL  EQUAL  THE  DIFFERENCE
 BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
 TAX  TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
 GRAPH ONE OF SUBSECTION (B) OF THIS SECTION.
   (3) FOR RESIDENT UNMARRIED INDIVIDUALS, RESIDENT  MARRIED  INDIVIDUALS
 FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS:
   (A)  IF  NEW  YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650, BUT
 NOT OVER $25,000,000:
   (I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED  BY
 NEW YORK TAXABLE INCOME AS FOLLOWS:
   GREATER THAN NOT OVER     RECAPTURE BASE        INCREMENTAL BENEFIT
   $80,650      $215,400     $0                    $568
   $215,400     $1,077,550   $568                  $2,261
   $1,077,550   $5,000,000   $2,829                $30,172
   $5,000,000   $25,000,000  $33,001               $32,500
   (II)  THE  APPLICABLE  AMOUNT  SHALL BE DETERMINED BY NEW YORK TAXABLE
 INCOME AS FOLLOWS:
   GREATER THAN NOT OVER     APPLICABLE AMOUNT
   $80,650      $215,400     NEW YORK ADJUSTED GROSS INCOME
                             MINUS $107,650
   $215,400     $1,077,550   NEW YORK ADJUSTED GROSS INCOME
                             MINUS $215,400
   $1,077,550   $5,000,000   NEW YORK ADJUSTED GROSS INCOME
                             MINUS $1,077,550
   $5,000,000   $25,000,000  NEW YORK ADJUSTED GROSS INCOME
                             MINUS $5,000,000
   (III) THE PHASE-IN FRACTION SHALL BE  A  FRACTION,  THE  NUMERATOR  OF
 WHICH  SHALL  BE  THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
 AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
   (IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE  SUM  OF  THE  RECAPTURE
 BASE  AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
 IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE  INCOME  OF
 THE TAXPAYER IS LESS THAN EIGHTY THOUSAND SIX HUNDRED FIFTY DOLLARS, THE
 SUPPLEMENTAL  TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE PRODUCT OF 5.80
 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE COMPUTATION ON THE
 NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION (C)  OF
 THIS  SECTION,  MULTIPLIED  BY A FRACTION, THE NUMERATOR OF WHICH IS THE
 LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED GROSS INCOME MINUS
 ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS, AND THE  DENOMINA-
 TOR OF WHICH IS FIFTY THOUSAND DOLLARS.
   (B)  IF  NEW  YORK  ADJUSTED  GROSS INCOME IS GREATER THAN TWENTY-FIVE
 MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE  SHALL  EQUAL  THE  DIFFERENCE
 BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
 S. 3009--C                         16                         A. 3009--C
 
 TAX  TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
 GRAPH ONE OF SUBSECTION (C) OF THIS SECTION.
   (D-7)  ALTERNATIVE  TAX  TABLE  BENEFIT RECAPTURE. NOTWITHSTANDING THE
 PROVISIONS OF SUBSECTION (D), (D-1), (D-2), (D-3), (D-4), (D-5) OR (D-6)
 OF THIS SECTION, FOR TAXABLE YEARS BEGINNING ON OR  AFTER  TWO  THOUSAND
 THIRTY-THREE,  THERE IS HEREBY IMPOSED A SUPPLEMENTAL TAX IN ADDITION TO
 THE TAX IMPOSED UNDER SUBSECTIONS (A), (B) AND (C) OF THIS  SECTION  FOR
 THE  PURPOSE  OF  RECAPTURING THE BENEFIT OF THE TAX TABLES CONTAINED IN
 SUCH SUBSECTIONS. DURING THESE TAXABLE  YEARS,  ANY  REFERENCE  IN  THIS
 CHAPTER TO SUBSECTION (D), (D-1), (D-2), (D-3), (D-4), (D-5) OR (D-6) OF
 THIS SECTION SHALL BE READ AS A REFERENCE TO THIS SUBSECTION.
   (1) FOR RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS AND RESIDENT
 SURVIVING SPOUSES:
   (A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650:
   (I)  THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
 NEW YORK TAXABLE INCOME AS FOLLOWS:
 GREATER THAN    NOT OVER          RECAPTURE BASE    INCREMENTAL BENEFIT
 $27,900         $161,550          $0                $333
 $161,550        $323,200          $333              $808
 $323,200        $2,155,350        $1,141            $3,393
 $2,155,350                        $4,534            $42,461
   (II) THE APPLICABLE AMOUNT SHALL BE DETERMINED  BY  NEW  YORK  TAXABLE
 INCOME AS FOLLOWS:
 GREATER THAN NOT OVER     APPLICABLE AMOUNT
 $27,900      $161,550     NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
 $161,550     $323,200     NEW YORK ADJUSTED GROSS INCOME MINUS $161,550
 $323,200     $2,155,350   NEW YORK ADJUSTED GROSS INCOME MINUS $323,200
 $2,155,350                NEW YORK ADJUSTED GROSS INCOME MINUS $2,155,350
   (III)  THE  PHASE-IN  FRACTION  SHALL  BE A FRACTION, THE NUMERATOR OF
 WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS  OR  THE  APPLICABLE
 AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
   (IV)  THE  SUPPLEMENTAL  TAX  DUE SHALL EQUAL THE SUM OF THE RECAPTURE
 BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE  PHASE-
 IN  FRACTION.  PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
 THE TAXPAYER IS LESS THAN TWENTY-SEVEN THOUSAND  NINE  HUNDRED  DOLLARS,
 THE  SUPPLEMENTAL  TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE PRODUCT OF
 5.30 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX  TABLE  COMPUTATION
 ON  THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION
 (A) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS
 THE LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED  GROSS  INCOME
 MINUS  ONE  HUNDRED  SEVEN  THOUSAND  SIX HUNDRED FIFTY DOLLARS, AND THE
 DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
   (2) FOR RESIDENT HEADS OF HOUSEHOLDS:
   (A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650:
   (I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED  BY
 NEW YORK TAXABLE INCOME AS FOLLOWS:
 GREATER THAN    NOT OVER          RECAPTURE BASE    INCREMENTAL BENEFIT
 $107,650        $269,300          $0                $787
 $269,300        $1,616,450        $787              $2,827
 $1,616,450                        $3,614            $31,844
   (II)  THE  APPLICABLE  AMOUNT  SHALL BE DETERMINED BY NEW YORK TAXABLE
 INCOME AS FOLLOWS:
 GREATER THAN NOT OVER    APPLICABLE AMOUNT
 $107,650     $269,300    NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
 $269,300     $1,616,450  NEW YORK ADJUSTED GROSS INCOME MINUS $269,300
 $1,616,450               NEW YORK ADJUSTED GROSS INCOME MINUS $1,616,450
 S. 3009--C                         17                         A. 3009--C
 
   (III) THE PHASE-IN FRACTION SHALL BE  A  FRACTION,  THE  NUMERATOR  OF
 WHICH  SHALL  BE  THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
 AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
   (IV)  THE  SUPPLEMENTAL  TAX  DUE SHALL EQUAL THE SUM OF THE RECAPTURE
 BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE  PHASE-
 IN  FRACTION.  PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
 THE TAXPAYER IS LESS THAN ONE HUNDRED SEVEN THOUSAND SIX  HUNDRED  FIFTY
 DOLLARS,  THE  SUPPLEMENTAL  TAX  SHALL EQUAL THE DIFFERENCE BETWEEN THE
 PRODUCT OF 5.80 PERCENT AND NEW YORK TAXABLE INCOME AND  THE  TAX  TABLE
 COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF
 SUBSECTION  (B) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR
 OF WHICH IS THE LESSER OF FIFTY THOUSAND DOLLARS OR  NEW  YORK  ADJUSTED
 GROSS INCOME MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS,
 AND THE DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
   (3)  FOR  RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS
 FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS:
   (A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650:
   (I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED  BY
 NEW YORK TAXABLE INCOME AS FOLLOWS:
 GREATER THAN    NOT OVER          RECAPTURE BASE    INCREMENTAL BENEFIT
 $80,650         $215,400          $0                $568
 $215,400        $1,077,550        $568              $2,261
 $1,077,550                        $2,829            $21,228
   (II)  THE  APPLICABLE  AMOUNT  SHALL BE DETERMINED BY NEW YORK TAXABLE
 INCOME AS FOLLOWS:
 GREATER THAN NOT OVER     APPLICABLE AMOUNT
 $80,650      $215,400     NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
 $215,400     $1,077,550   NEW YORK ADJUSTED GROSS INCOME MINUS $215,400
 $1,077,550                NEW YORK ADJUSTED GROSS INCOME MINUS $1,077,550
   (III) THE PHASE-IN FRACTION SHALL BE  A  FRACTION,  THE  NUMERATOR  OF
 WHICH  SHALL  BE  THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
 AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
   (IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE  SUM  OF  THE  RECAPTURE
 BASE  AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
 IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE  INCOME  OF
 THE TAXPAYER IS LESS THAN EIGHTY THOUSAND SIX HUNDRED FIFTY DOLLARS, THE
 SUPPLEMENTAL  TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE PRODUCT OF 5.80
 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE COMPUTATION ON THE
 NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION (C)  OF
 THIS  SECTION,  MULTIPLIED  BY A FRACTION, THE NUMERATOR OF WHICH IS THE
 LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED GROSS INCOME MINUS
 ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS, AND THE  DENOMINA-
 TOR OF WHICH IS FIFTY THOUSAND DOLLARS.
   § 9. This act shall take effect immediately.
 
                                  PART C
 
   Section  1.  Paragraph 1 of subsection (c-1) of section 606 of the tax
 law, as amended by section 1 of part HH of chapter 56  of  the  laws  of
 2023, is amended to read as follows:
   (1) [A] FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND
 TWENTY-FIVE,  AND TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-EIGHT, A resident taxpayer shall be allowed a credit  as
 provided  herein  equal  to the greater of one hundred dollars times the
 number of qualifying children of the taxpayer or the applicable percent-
 age of the child tax credit allowed the taxpayer under  section  twenty-
 S. 3009--C                         18                         A. 3009--C
 
 four  of  the  internal  revenue code for the same taxable year for each
 qualifying child. Provided, however, in the case  of  a  taxpayer  whose
 federal  adjusted  gross  income exceeds the applicable threshold amount
 set  forth  by section 24(b)(2) of the Internal Revenue Code, the credit
 shall only be equal to the applicable percentage of the child tax credit
 allowed the taxpayer under section 24 of the Internal Revenue  Code  for
 each qualifying child. For the purposes of this subsection, a qualifying
 child shall be a child who meets the definition of qualified child under
 section  24(c)  of  the internal revenue code. The applicable percentage
 shall be thirty-three percent. For  purposes  of  this  subsection,  any
 reference  to  section 24 of the Internal Revenue Code shall be a refer-
 ence to such section as it existed immediately prior to the enactment of
 Public Law 115-97.
   § 2. Subsection (c-1) of section 606 of the  tax  law  is  amended  by
 adding a new paragraph 1-a to read as follows:
   (1-A)  (A) FOR TAXABLE YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-FIVE, AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX,
 A RESIDENT TAXPAYER SHALL BE ALLOWED A CREDIT AS PROVIDED HEREIN,  EQUAL
 TO THE SUM OF:
   (I)  ONE  THOUSAND  DOLLARS TIMES THE NUMBER OF QUALIFYING CHILDREN OF
 THE TAXPAYER AGED THREE OR YOUNGER, AND
   (II) THREE HUNDRED THIRTY DOLLARS TIMES THE NUMBER OF QUALIFYING CHIL-
 DREN OF THE TAXPAYER WHO HAVE ATTAINED AGE FOUR AND NOT YET ATTAINED AGE
 SEVENTEEN.
   (B) FOR TAXABLE YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO  THOU-
 SAND  TWENTY-SIX, AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A
 RESIDENT TAXPAYER SHALL BE ALLOWED A CREDIT AS PROVIDED HEREIN, EQUAL TO
 THE SUM OF:
   (I) ONE THOUSAND DOLLARS TIMES THE NUMBER OF  QUALIFYING  CHILDREN  OF
 THE TAXPAYER AGED THREE OR YOUNGER, AND
   (II)  FIVE  HUNDRED DOLLARS TIMES THE NUMBER OF QUALIFYING CHILDREN OF
 THE TAXPAYER WHO HAVE ATTAINED AGE FOUR AND NOT YET ATTAINED AGE  SEVEN-
 TEEN.
   (C) THE AMOUNT OF THE CREDIT ALLOWABLE UNDER SUBPARAGRAPHS (A) AND (B)
 OF  THIS  PARAGRAPH  SHALL  BE  REDUCED  (BUT NOT BELOW ZERO) BY SIXTEEN
 DOLLARS AND FIFTY CENTS FOR EACH  ONE  THOUSAND  DOLLARS  BY  WHICH  THE
 TAXPAYER'S  FEDERAL  ADJUSTED GROSS INCOME EXCEEDS THE THRESHOLD AMOUNT.
 FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE TERM "THRESHOLD AMOUNT" SHALL
 MEAN: (I) ONE HUNDRED TEN  THOUSAND  DOLLARS  IN  THE  CASE  OF  MARRIED
 TAXPAYERS FILING JOINTLY; (II) SEVENTY-FIVE THOUSAND DOLLARS IN THE CASE
 OF  A TAXPAYER FILING AS SINGLE, HEAD OF HOUSEHOLD, OR QUALIFIED SURVING
 SPOUSE; AND (III) FIFTY-FIVE THOUSAND DOLLARS IN THE CASE OF  A  MARRIED
 TAXPAYER FILING A SEPARATE RETURN.
   (D) FOR THE PURPOSES OF THIS PARAGRAPH, A QUALIFYING CHILD SHALL BE AN
 INDIVIDUAL WHO: (I) IS A CHILD, SIBLING, OR STEPSIBLING OF THE TAXPAYER,
 OR  A DESCENDENT OF ANY SUCH RELATIVE; (II) HAS THE SAME PRINCIPAL PLACE
 OF ABODE AS THE TAXPAYER FOR MORE THAN ONE-HALF  OF  THE  TAXABLE  YEAR;
 (III)  HAS  NOT  ATTAINED AGE SEVENTEEN; (IV) HAS NOT PROVIDED OVER ONE-
 HALF OF SUCH INDIVIDUAL'S OWN SUPPORT FOR THE CALENDAR YEAR IN WHICH THE
 TAXABLE YEAR OF THE TAXPAYER BEGINS; (V) HAS NOT FILED  A  JOINT  RETURN
 (OTHER  THAN  ONLY  FOR  A CLAIM OF REFUND) WITH THE INDIVIDUAL'S SPOUSE
 UNDER SECTION SIX HUNDRED FIFTY-ONE OF  THIS  ARTICLE  FOR  THE  TAXABLE
 YEAR;  AND  (VI)  IS  A  CITIZEN OR NATIONAL OF THE UNITED STATES, OR AN
 INDIVIDUAL WITH AN INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  ISSUED  BY
 THE INTERNAL REVENUE SERVICE.
 S. 3009--C                         19                         A. 3009--C
 
   (E) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "CHILD" SHALL MEAN AN
 INDIVIDUAL  WHO  IS  THE  OFFSPRING  OR STEPCHILD OF THE TAXPAYER, OR AN
 ELIGIBLE FOSTER CHILD OF THE TAXPAYER, OR A LEGALLY  ADOPTED  INDIVIDUAL
 OF  THE  TAXPAYER,  OR  AN  INDIVIDUAL  WHO  IS LAWFULLY PLACED WITH THE
 TAXPAYER FOR LEGAL ADOPTION BY THE TAXPAYER.
   (F)  (I)  EXCEPT AS PROVIDED IN SUBPARAGRAPH (C) OF THIS PARAGRAPH, IF
 AN INDIVIDUAL MAY BE CLAIMED AS  A  QUALIFYING  CHILD  BY  TWO  OR  MORE
 TAXPAYERS  FOR  A  TAXABLE YEAR, SUCH INDIVIDUAL SHALL BE TREATED AS THE
 QUALIFYING CHILD OF THE TAXPAYER WHO IS: (I) A PARENT OF THE INDIVIDUAL,
 OR (II) IF SUBCLAUSE (I) DOES NOT APPLY, THE TAXPAYER WITH  THE  HIGHEST
 FEDERAL ADJUSTED GROSS INCOME FOR SUCH TAXABLE YEAR.
   (II)  IF THE PARENTS CLAIMING ANY QUALIFYING CHILD DO NOT FILE A JOINT
 RETURN TOGETHER, SUCH CHILD SHALL BE TREATED AS THE QUALIFYING CHILD OF:
 (I) THE PARENT WITH WHOM THE CHILD RESIDED FOR  THE  LONGEST  PERIOD  OF
 TIME  DURING  THE  TAXABLE  YEAR, OR (II) IF THE CHILD RESIDES WITH BOTH
 PARENTS FOR THE SAME AMOUNT OF TIME DURING SUCH TAXABLE YEAR, THE PARENT
 WITH THE HIGHEST FEDERAL ADJUSTED GROSS INCOME WHO FILES A RETURN PURSU-
 ANT TO SECTION SIX HUNDRED FIFTY-ONE OF THIS ARTICLE.
   (III) IF THE PARENTS OF AN INDIVIDUAL MAY CLAIM SUCH INDIVIDUAL  AS  A
 QUALIFYING CHILD BUT NO PARENT SO CLAIMS THE INDIVIDUAL, SUCH INDIVIDUAL
 MAY  BE CLAIMED AS THE QUALIFYING CHILD OF ANOTHER TAXPAYER, BUT ONLY IF
 THE FEDERAL ADJUSTED GROSS INCOME OF SUCH TAXPAYER IS  HIGHER  THAN  THE
 HIGHEST  FEDERAL  ADJUSTED GROSS INCOME OF ANY PARENT OF THE INDIVIDUAL,
 REGARDLESS OF A REQUIREMENT TO FILE A RETURN  PURSUANT  TO  SECTION  SIX
 HUNDRED FIFTY-ONE OF THIS ARTICLE.
   § 3. This act shall take effect immediately.
 
                                  PART D
 
   Section  1.  Subdivision 3 of section 22 of the public housing law, as
 added by section 1 of part CC of chapter 63 of  the  laws  of  2000,  is
 amended to read as follows:
   3.  Amount of credit. Except as provided in subdivisions four and five
 of this section, the amount of low-income housing credit  shall  be  the
 applicable percentage of the qualified basis of each eligible low-income
 building.  BUILDINGS  FINANCED  BY  REFUNDED  BONDS  USING  THE RULES OF
 SECTION 146(I)(6) OF THE INTERNAL REVENUE CODE, SHALL  BE  ELIGIBLE  FOR
 CREDIT PURSUANT TO THE RULES OF SECTION 42(B)(2) OF THE INTERNAL REVENUE
 CODE.
   § 2. Subdivision 4 of section 22 of the public housing law, as amended
 by  section 4 of part J of chapter 59 of the laws of 2022, is amended to
 read as follows:
   4. Statewide limitation. The aggregate dollar amount of  credit  which
 the  commissioner  may  allocate  to eligible low-income buildings under
 this article shall be one  hundred  [seventy-two]  EIGHTY-SEVEN  million
 dollars.  The  limitation  provided  by this subdivision applies only to
 allocation of the aggregate dollar amount of credit by  the  commission-
 er[,]  and  does not apply to allowance to a taxpayer of the credit with
 respect to an eligible low-income building for each year of  the  credit
 period.
   § 3. Subdivision 4 of section 22 of the public housing law, as amended
 by section two of this act, is amended to read as follows:
   4.  Statewide  limitation. The aggregate dollar amount of credit which
 the commissioner may allocate to  eligible  low-income  buildings  under
 this article shall be [one] TWO hundred [eighty-seven] SEVENTEEN million
 dollars.  The  limitation  provided  by this subdivision applies only to
 S. 3009--C                         20                         A. 3009--C
 
 allocation of the aggregate dollar amount of credit by the  commissioner
 and does not apply to allowance to a taxpayer of the credit with respect
 to an eligible low-income building for each year of the credit period.
   § 4. Subdivision 4 of section 22 of the public housing law, as amended
 by section three of this act, is amended to read as follows:
   4.  Statewide  limitation. The aggregate dollar amount of credit which
 the commissioner may allocate to  eligible  low-income  buildings  under
 this  article  shall  be  two  hundred  [seventeen]  FORTY-SEVEN million
 dollars. The limitation provided by this  subdivision  applies  only  to
 allocation  of the aggregate dollar amount of credit by the commissioner
 and does not apply to allowance to a taxpayer of the credit with respect
 to an eligible low-income building for each year of the credit period.
   § 5. Subdivision 4 of section 22 of the public housing law, as amended
 by section four of this act, is amended to read as follows:
   4. Statewide limitation. The aggregate dollar amount of  credit  which
 the  commissioner  may  allocate  to eligible low-income buildings under
 this article shall be two hundred  [forty-seven]  SEVENTY-SEVEN  million
 dollars.  The  limitation  provided  by this subdivision applies only to
 allocation of the aggregate dollar amount of credit by the  commissioner
 and does not apply to allowance to a taxpayer of the credit with respect
 to an eligible low-income building for each year of the credit period.
   § 6. Subdivision 4 of section 22 of the public housing law, as amended
 by section five of this act, is amended to read as follows:
   4.  Statewide  limitation. The aggregate dollar amount of credit which
 the commissioner may allocate to  eligible  low-income  buildings  under
 this  article shall be [two] THREE hundred [seventy-seven] SEVEN million
 dollars. The limitation provided by this  subdivision  applies  only  to
 allocation  of the aggregate dollar amount of credit by the commissioner
 and does not apply to allowance to a taxpayer of the credit with respect
 to an eligible low-income building for each year of the credit period.
   § 7. This  act  shall  take  effect  immediately;  provided,  however,
 section  two  of  this act shall take effect on the same date and in the
 same manner as section 4 of part J of chapter 59 of  the  laws  of  2022
 takes effect; section three of this act shall take effect April 1, 2026;
 section  four  of this act shall take effect April 1, 2027; section five
 of this act shall take effect April 1, 2028; and section six of this act
 shall take effect April 1, 2029.
 
                                  PART E
 
   Section 1. Subdivision 26 of section 210-B of the tax law, as added by
 section 17 of part A of chapter 59 of the laws of 2014,  paragraphs  (a)
 and  (c) as amended by section 2 of part RR of chapter 59 of the laws of
 2018, subparagraph (i) of paragraph (a) as amended by section 2, subpar-
 agraph (ii) of paragraph (a) as amended by section 4 and paragraph (a-1)
 as amended by section 3 of subpart B of part I of chapter 59 of the laws
 of 2023, paragraph (e) as amended by section 1 of part U of  chapter  59
 of  the laws of 2019, paragraph (f) as added by section 2 of part CCC of
 chapter 59 of the laws of 2021, is amended to read as follows:
   26. Credit for rehabilitation of historic properties.  (a) Application
 of credit.  (i) For taxable years beginning on or after  January  first,
 two  thousand  ten,  and  before  January  first, two thousand thirty, a
 taxpayer, OR A TRANSFEREE OF SUCH A TAXPAYER AS DESCRIBED  IN  PARAGRAPH
 (G)  OF  THIS  SUBDIVISION,  shall  be  allowed  a credit as hereinafter
 provided, against the tax imposed by this article, in an amount equal to
 one hundred percent of the amount of credit allowed the taxpayer for the
 S. 3009--C                         21                         A. 3009--C
 
 same taxable year with respect to a certified  historic  structure,  and
 one  hundred  fifty percent of the amount of credit allowed the taxpayer
 with respect to a certified historic structure that is a small  project,
 under  internal revenue code section 47(c)(3), determined without regard
 to ratably allocating the credit over a five year period as required  by
 subsection  (a) of such section 47, with respect to a certified historic
 structure located within the state. Provided, however, the credit  shall
 not exceed five million dollars.
   (ii)  For taxable years beginning on or after January first, two thou-
 sand thirty, a taxpayer, OR A TRANSFEREE OF SUCH A TAXPAYER AS DESCRIBED
 IN PARAGRAPH (G) OF THIS SUBDIVISION, shall be allowed a credit as here-
 inafter provided, against the tax imposed by this article, in an  amount
 equal to thirty percent of the amount of credit allowed the taxpayer for
 the  same  taxable  year determined without regard to ratably allocating
 the credit over a five year period as  required  by  subsection  (a)  of
 section  47  of  the  internal revenue code, with respect to a certified
 historic structure under subsection (c)(3) of section 47 of the internal
 revenue code with respect to  a  certified  historic  structure  located
 within  the  state.  Provided,  however, the credit shall not exceed one
 hundred thousand dollars.
   (a-1) If the taxpayer OR TRANSFEREE is a partner in a partnership or a
 shareholder in a New York S corporation, then the credit caps imposed in
 paragraph (a) of this subdivision shall be applied at the entity  level,
 so that the aggregate credit allowed to all the partners or shareholders
 of  each  such entity in the taxable year does not exceed the credit cap
 that is applicable in that taxable year.
   (b) Tax credits allowed pursuant to this subdivision shall be  allowed
 in  the  taxable  year  that  the  qualified rehabilitation is placed in
 service under section 167 of the federal internal revenue code.
   (c) If the taxpayer is allowed a credit pursuant to section 47 of  the
 internal revenue code with respect to a qualified rehabilitation that is
 also  the  subject  of  the  credit allowed by this subdivision and that
 credit pursuant to such section 47 is recaptured pursuant to  subsection
 (a)  of section 50 of the internal revenue code, a portion of the credit
 allowed under this subdivision must be added back  BY  THE  TAXPAYER  OR
 TRANSFEREE  in  the  same taxable year and in the same proportion as the
 federal credit.
   (d) The credit allowed under this subdivision  for  any  taxable  year
 shall  not  reduce  the  tax  due  for such year to less than the amount
 prescribed in paragraph (d) of subdivision one of  section  two  hundred
 ten  of this article. However, if the amount of the credit allowed under
 this subdivision for any taxable year reduces the tax to such amount  or
 if  the  taxpayer  otherwise  pays tax based on the fixed dollar minimum
 amount, any amount of credit thus not deductible in  such  taxable  year
 shall  be  treated as an overpayment of tax to be recredited or refunded
 in accordance with the provisions of section one thousand eighty-six  of
 this  chapter.  Provided,  however,  the provisions of subsection (c) of
 section one thousand eighty-eight of this  chapter  notwithstanding,  no
 interest shall be paid thereon.
   (e)  [Except  in the case of a qualified rehabilitation project under-
 taken within a state park, state historic site, or other land  owned  by
 the state, that is under the jurisdiction of the office of parks, recre-
 ation  and  historic  preservation,  to]  TO  be eligible for the credit
 allowable under this subdivision, the rehabilitation project shall be in
 whole or in part located within a census tract which  is  identified  as
 being  at or below one hundred percent of the state median family income
 S. 3009--C                         22                         A. 3009--C
 
 as calculated as of April first of each year using the most recent  five
 year estimate from the American community survey published by the United
 States  Census bureau. If there is a change in the most recent five year
 estimate,  a  census  tract  that  qualified  for eligibility under this
 program before information about the change  was  released  will  remain
 eligible  for  a  credit  under  this  subdivision for an additional two
 calendar years. THE ELIGIBILITY RESTRICTIONS SET FORTH IN THIS PARAGRAPH
 SHALL NOT BE APPLICABLE IF:
   (I) A QUALIFIED REHABILITATION PROJECT IS UNDERTAKEN  WITHIN  A  STATE
 PARK,  STATE  HISTORIC  SITE,  OR OTHER LAND OWNED BY THE STATE, THAT IS
 UNDER THE JURISDICTION OF THE OFFICE OF PARKS, RECREATION  AND  HISTORIC
 PRESERVATION; OR
   (II)   A  QUALIFIED  REHABILITATION  PROJECT  IS  UNDERTAKEN  FOR  THE
 PROVISION OF AFFORDABLE HOUSING AND THE  TAXPAYER  HAS  ENTERED  INTO  A
 REGULATORY  AGREEMENT  WITH ANY STATE OR FEDERAL AGENCY OR AUTHORITY, OR
 ANY OTHER GOVERNMENT ENTITY THAT IS AUTHORIZED TO ENGAGE IN THE  FINANC-
 ING,  CONSTRUCTION  OR OVERSIGHT OF AFFORDABLE HOUSING WITHIN SUCH ENTI-
 TY'S JURISDICTION,  AND  WHERE  SUCH  REGULATORY  AGREEMENT  SETS  FORTH
 AFFORDABILITY  REQUIREMENTS  APPLICABLE  FOR  A  PERIOD OF NOT LESS THAN
 THIRTY YEARS AND THAT IS BINDING ON ALL SUCCESSORS OF THE TAXPAYER.
   (f) For purposes of this subdivision "small project"  means  qualified
 rehabilitation  expenditures  totaling two million five hundred thousand
 dollars or less.
   (G)(I) A TAXPAYER ALLOWED A CREDIT PURSUANT TO  THIS  SUBDIVISION  MAY
 TRANSFER  THE  CREDIT, IN WHOLE OR IN PART, TO ANOTHER PERSON OR ENTITY,
 WHO SHALL BE REFERRED TO AS THE TRANSFEREE, WITHOUT REGARD  TO  HOW  ANY
 TAX  CREDIT  AUTHORIZED  PURSUANT TO SECTION FORTY-SEVEN OF THE INTERNAL
 REVENUE CODE WITH RESPECT TO A QUALIFIED REHABILITATION PROJECT  MAY  BE
 ALLOCATED  AND  NOTWITHSTANDING THAT SUCH OTHER PERSON OR ENTITY OWNS NO
 INTEREST IN THE QUALIFIED REHABILITATION PROJECT OR IN AN ENTITY WITH AN
 OWNERSHIP INTEREST IN THE QUALIFIED REHABILITATION PROJECT. A TRANSFEREE
 MAY NOT TRANSFER ANY CREDIT, OR PORTION THEREOF, ACQUIRED BY TRANSFER.
   (II) A TAXPAYER SEEKING TO TRANSFER A CREDIT ALLOWED PURSUANT TO  THIS
 SUBDIVISION MUST ENTER INTO A TRANSFER CONTRACT WITH THE TRANSFEREE. THE
 TRANSFER CONTRACT MUST SPECIFY:
   (A)  THE  BUILDING  IDENTIFICATION  NUMBERS  FOR  ALL BUILDINGS IN THE
 PROJECT;
   (B) THE DATE EACH BUILDING WAS PLACED INTO SERVICE;
   (C) THE SCHEDULE OF YEARS FOR WHICH THE TRANSFER CREDIT MAY BE CLAIMED
 AND THE AMOUNT OF CREDIT PREVIOUSLY CLAIMED;
   (D) THE AMOUNT OF CONSIDERATION  RECEIVED  BY  THE  TAXPAYER  FOR  THE
 TRANSFER CREDIT; AND
   (E) THE AMOUNT OF CREDIT BEING TRANSFERRED.
   (III)  NO  TRANSFER  SHALL  BE EFFECTIVE UNLESS THE TAXPAYER ALLOWED A
 CREDIT PURSUANT TO THIS SUBDIVISION AND SEEKING TO TRANSFER  THE  CREDIT
 FILES  A TRANSFER APPLICATION WITH THE COMMISSIONER OF PARKS, RECREATION
 AND HISTORIC PRESERVATION PRIOR TO THE TRANSFER AND SUCH TRANSFER APPLI-
 CATION IS APPROVED. THE TRANSFER APPLICATION SHALL INCLUDE THE NAME  AND
 FEDERAL  IDENTIFICATION NUMBERS OF THE TAXPAYER AND EACH PROPOSED TRANS-
 FEREE, THE AMOUNT OF CREDIT PROPOSED TO BE TRANSFERRED TO EACH  PROPOSED
 TRANSFEREE,  A COPY OF THE TRANSFER CONTRACT, AND SUCH OTHER INFORMATION
 AS THE COMMISSIONER OR THE COMMISSIONER OF PARKS, RECREATION AND HISTOR-
 IC PRESERVATION MAY REQUIRE. THE COMMISSIONER OF PARKS,  RECREATION  AND
 HISTORIC  PRESERVATION  SHALL  APPROVE OR DENY EACH TRANSFER APPLICATION
 AND, IF AN APPLICATION IS DENIED, SHALL ISSUE A WRITTEN DETERMINATION TO
 THE TAXPAYER. IF THE TRANSFER IS APPROVED, THE  COMMISSIONER  OF  PARKS,
 S. 3009--C                         23                         A. 3009--C
 
 RECREATION  AND  HISTORIC  PRESERVATION  SHALL ISSUE A TRANSFER APPROVAL
 CERTIFICATE THAT PROVIDES THE NAME OF THE TRANSFEROR AND  ALL  TRANSFER-
 EES,  THE  AMOUNT OF CREDIT BEING TRANSFERRED AND SUCH OTHER INFORMATION
 AS  THE  COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION AND
 THE COMMISSIONER DEEM NECESSARY. A COPY OF THE TRANSFER APPROVAL CERTIF-
 ICATE MUST BE ATTACHED TO EACH TRANSFEREE'S TAX RETURN. THE COMMISSIONER
 OF PARKS, RECREATION AND HISTORIC PRESERVATION, IN CONSULTATION WITH THE
 COMMISSIONER, MAY ESTABLISH SUCH OTHER PROCEDURES AND  STANDARDS  DEEMED
 NECESSARY FOR THE TRANSFERABILITY OF CREDITS ALLOWED UNDER THIS SUBDIVI-
 SION.
   (IV)  THE  COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION
 SHALL FORWARD COPIES OF ALL TRANSFER APPLICATIONS AND ATTACHMENTS THERE-
 TO AND APPROVAL CERTIFICATES TO  THE  COMMISSIONER  WITHIN  THIRTY  DAYS
 AFTER THE TRANSFER IS APPROVED.
   (V) A TAXPAYER ALLOWED A CREDIT PURSUANT TO SECTION FORTY-SEVEN OF THE
 INTERNAL REVENUE CODE WITH RESPECT TO A QUALIFIED REHABILITATION THAT IS
 ALSO  THE SUBJECT OF THE CREDIT ALLOWED BY THIS SUBDIVISION SHALL REMAIN
 SOLELY LIABLE FOR ALL OBLIGATIONS AND LIABILITIES IMPOSED ON THE TAXPAY-
 ER WITH RESPECT TO THE CREDIT ALLOWED BY THIS SUBDIVISION, NONE OF WHICH
 SHALL APPLY TO A PARTY TO WHOM THE CREDIT HAS BEEN  SUBSEQUENTLY  TRANS-
 FERRED.
   §  2.  Subsection  (oo)  of  section 606 of the tax law, as amended by
 chapter 239 of the laws of 2009, paragraph 1 as amended by  chapter  472
 of  the  laws  of  2010,  subparagraph  (A) of paragraph 1 as amended by
 section 1 of subpart B of part I of chapter 59  of  the  laws  of  2023,
 paragraph 3 as amended by section 1 of part RR of chapter 59 of the laws
 of  2018, paragraph 4 as amended by section 1 of part F of chapter 59 of
 the laws of 2013, paragraph 5 as amended by section 2 of part U of chap-
 ter 59 of the laws of 2019, paragraph 6 as added by section  1  of  part
 CCC of chapter 59 of the laws of 2021, is amended to read as follows:
   (oo)  Credit  for  rehabilitation  of historic properties. (1) (A) For
 taxable years beginning on or after January first, two thousand ten  and
 before  January  first, two thousand thirty, a taxpayer, OR A TRANSFEREE
 OF SUCH A TAXPAYER AS DESCRIBED IN PARAGRAPH SEVEN OF  THIS  SUBSECTION,
 shall  be  allowed  a  credit  as  hereinafter provided, against the tax
 imposed by this article, in an amount equal to one  hundred  percent  of
 the  amount  of  credit allowed the taxpayer with respect to a certified
 historic structure, and one hundred fifty percent of the amount of cred-
 it allowed the taxpayer with respect to a certified  historic  structure
 that  is  a small project, under internal revenue code section 47(c)(3),
 determined without regard to ratably allocating the credit over  a  five
 year  period  as  required  by  subsection  (a) of such section 47, with
 respect to a certified historic  structure  located  within  the  state.
 Provided, however, the credit shall not exceed five million dollars. For
 taxable  years beginning on or after January first, two thousand thirty,
 a taxpayer, OR A TRANSFEREE OF SUCH A TAXPAYER AS DESCRIBED IN PARAGRAPH
 SEVEN OF THIS SUBSECTION, shall  be  allowed  a  credit  as  hereinafter
 provided, against the tax imposed by this article, in an amount equal to
 thirty percent of the amount of credit allowed the taxpayer with respect
 to  a  certified  historic structure under internal revenue code section
 47(c)(3), determined without regard to  ratably  allocating  the  credit
 over  a  five  year period as required by subsection (a) of such section
 47, with respect to a certified historic structure  located  within  the
 state;  provided, however, the credit shall not exceed one hundred thou-
 sand dollars.
 S. 3009--C                         24                         A. 3009--C
 
   (B) If the taxpayer OR TRANSFEREE is a partner in a partnership  or  a
 shareholder  of a New York S corporation, then the credit cap imposed in
 subparagraph (A) of this paragraph shall be applied at the entity level,
 so that the aggregate credit allowed to all the partners or shareholders
 of  each  such entity in the taxable year does not exceed the credit cap
 that is applicable in that taxable year.
   (2) Tax credits allowed pursuant to this subsection shall  be  allowed
 in  the  taxable  year  that  the  qualified rehabilitation is placed in
 service under section 167 of the federal internal revenue code.
   (3) If the taxpayer is allowed a credit pursuant to section 47 of  the
 internal revenue code with respect to a qualified rehabilitation that is
 also the subject of the credit allowed by this subsection and that cred-
 it  pursuant to such section 47 is recaptured pursuant to subsection (a)
 of section 50 of the internal revenue code,  a  portion  of  the  credit
 allowed  under  this  subsection  must  be added back BY THE TAXPAYER OR
 TRANSFEREE in the same taxable year and in the same  proportion  as  the
 federal recapture.
   (4)  If the amount of the credit allowed under this subsection for any
 taxable year shall exceed the taxpayer's tax for such year,  the  excess
 shall  be treated as an overpayment of tax to be credited or refunded in
 accordance with the provisions of section six hundred eighty-six of this
 article, provided, however, that no interest shall be paid thereon.
   (5) [Except in the case of a qualified rehabilitation  project  under-
 taken  within  a state park, state historic site, or other land owned by
 the state, that is under the jurisdiction of the office of parks, recre-
 ation and historic preservation, to]  TO  be  eligible  for  the  credit
 allowable  under  this subsection the rehabilitation project shall be in
 whole or in part located within a census tract which  is  identified  as
 being  at or below one hundred percent of the state median family income
 as calculated as of April first of each year using the most recent  five
 year estimate from the American community survey published by the United
 States  Census bureau. If there is a change in the most recent five year
 estimate, a census tract  that  qualified  for  eligibility  under  this
 program  before  information  about  the change was released will remain
 eligible for a credit under this subsection for an additional two calen-
 dar years. THE ELIGIBILITY RESTRICTIONS  SET  FORTH  IN  THIS  PARAGRAPH
 SHALL NOT BE APPLICABLE IF:
   (A)  A  QUALIFIED  REHABILITATION PROJECT IS UNDERTAKEN WITHIN A STATE
 PARK, STATE HISTORIC SITE, OR OTHER LAND OWNED BY  THE  STATE,  THAT  IS
 UNDER  THE  JURISDICTION OF THE OFFICE OF PARKS, RECREATION AND HISTORIC
 PRESERVATION; OR
   (B) A QUALIFIED REHABILITATION PROJECT IS UNDERTAKEN FOR THE PROVISION
 OF AFFORDABLE HOUSING AND THE TAXPAYER HAS  ENTERED  INTO  A  REGULATORY
 AGREEMENT  WITH  ANY  STATE OR FEDERAL AGENCY OR AUTHORITY, OR ANY OTHER
 GOVERNMENT ENTITY  THAT  IS  AUTHORIZED  TO  ENGAGE  IN  THE  FINANCING,
 CONSTRUCTION  OR  OVERSIGHT  OF  AFFORDABLE HOUSING WITHIN SUCH ENTITY'S
 JURISDICTION, AND WHERE SUCH REGULATORY AGREEMENT SETS FORTH AFFORDABIL-
 ITY REQUIREMENTS APPLICABLE FOR A PERIOD OF NOT LESS THAN  THIRTY  YEARS
 AND THAT IS BINDING ON ALL SUCCESSORS OF THE TAXPAYER.
   (6)  For  purposes  of  this subsection the term "small project" means
 qualified rehabilitation expenditures totaling two million five  hundred
 thousand dollars or less.
   (7)(A)  A  TAXPAYER  ALLOWED  A CREDIT PURSUANT TO THIS SUBSECTION MAY
 TRANSFER THE CREDIT, IN WHOLE OR IN PART, TO ANOTHER PERSON  OR  ENTITY,
 WHO  SHALL  BE  REFERRED TO AS THE TRANSFEREE, WITHOUT REGARD TO HOW ANY
 TAX CREDIT AUTHORIZED PURSUANT TO SECTION FORTY-SEVEN  OF  THE  INTERNAL
 S. 3009--C                         25                         A. 3009--C
 
 REVENUE  CODE  WITH RESPECT TO A QUALIFIED REHABILITATION PROJECT MAY BE
 ALLOCATED AND NOTWITHSTANDING THAT SUCH OTHER PERSON OR ENTITY  OWNS  NO
 INTEREST IN THE QUALIFIED REHABILITATION PROJECT OR IN AN ENTITY WITH AN
 OWNERSHIP INTEREST IN THE QUALIFIED REHABILITATION PROJECT. A TRANSFEREE
 MAY NOT TRANSFER ANY CREDIT, OR PORTION THEREOF, ACQUIRED BY TRANSFER.
   (B)  A  TAXPAYER SEEKING TO TRANSFER A CREDIT ALLOWED PURSUANT TO THIS
 SUBSECTION MUST ENTER INTO A TRANSFER CONTRACT WITH THE TRANSFEREE.  THE
 TRANSFER CONTRACT MUST SPECIFY:
   (I)  THE  BUILDING  IDENTIFICATION  NUMBERS  FOR  ALL BUILDINGS IN THE
 PROJECT;
   (II) THE DATE EACH BUILDING WAS PLACED INTO SERVICE;
   (III) THE SCHEDULE OF YEARS FOR  WHICH  THE  TRANSFER  CREDIT  MAY  BE
 CLAIMED AND THE AMOUNT OF CREDIT PREVIOUSLY CLAIMED;
   (IV)  THE  AMOUNT  OF  CONSIDERATION  RECEIVED BY THE TAXPAYER FOR THE
 TRANSFER CREDIT; AND
   (V) THE AMOUNT OF CREDIT BEING TRANSFERRED.
   (C) NO TRANSFER SHALL BE EFFECTIVE UNLESS THE TAXPAYER ALLOWED A CRED-
 IT PURSUANT TO THIS SUBSECTION AND SEEKING TO TRANSFER THE CREDIT  FILES
 A  TRANSFER  APPLICATION  WITH THE COMMISSIONER OF PARKS, RECREATION AND
 HISTORIC PRESERVATION PRIOR TO THE TRANSFER AND SUCH  TRANSFER  APPLICA-
 TION  IS  APPROVED.  THE TRANSFER APPLICATION SHALL INCLUDE THE NAME AND
 FEDERAL IDENTIFICATION NUMBERS OF THE TAXPAYER AND EACH PROPOSED  TRANS-
 FEREE,  THE AMOUNT OF CREDIT PROPOSED TO BE TRANSFERRED TO EACH PROPOSED
 TRANSFEREE, A COPY OF THE TRANSFER CONTRACT, AND SUCH OTHER  INFORMATION
 AS THE COMMISSIONER OR THE COMMISSIONER OF PARKS, RECREATION AND HISTOR-
 IC  PRESERVATION  MAY REQUIRE. THE COMMISSIONER OF PARKS, RECREATION AND
 HISTORIC PRESERVATION SHALL APPROVE OR DENY  EACH  TRANSFER  APPLICATION
 AND, IF AN APPLICATION IS DENIED, SHALL ISSUE A WRITTEN DETERMINATION TO
 THE  TAXPAYER.  IF  THE TRANSFER IS APPROVED, THE COMMISSIONER OF PARKS,
 RECREATION AND HISTORIC PRESERVATION SHALL  ISSUE  A  TRANSFER  APPROVAL
 CERTIFICATE  THAT  PROVIDES THE NAME OF THE TRANSFEROR AND ALL TRANSFER-
 EES, THE AMOUNT OF CREDIT BEING TRANSFERRED AND SUCH  OTHER  INFORMATION
 AS  THE  COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION AND
 THE COMMISSIONER DEEM NECESSARY. A COPY OF THE TRANSFER APPROVAL CERTIF-
 ICATE MUST BE ATTACHED TO EACH TRANSFEREE'S TAX RETURN. THE COMMISSIONER
 OF PARKS, RECREATION AND HISTORIC PRESERVATION, IN CONSULTATION WITH THE
 COMMISSIONER, MAY ESTABLISH SUCH OTHER PROCEDURES AND  STANDARDS  DEEMED
 NECESSARY   FOR  THE  TRANSFERABILITY  OF  CREDITS  ALLOWED  UNDER  THIS
 SUBSECTION.
   (D) THE COMMISSIONER OF PARKS, RECREATION  AND  HISTORIC  PRESERVATION
 SHALL FORWARD COPIES OF ALL TRANSFER APPLICATIONS AND ATTACHMENTS THERE-
 TO  AND  APPROVAL  CERTIFICATES  TO  THE COMMISSIONER WITHIN THIRTY DAYS
 AFTER THE TRANSFER IS APPROVED.
   (E) A TAXPAYER ALLOWED A CREDIT PURSUANT TO SECTION FORTY-SEVEN OF THE
 INTERNAL REVENUE CODE WITH RESPECT TO A QUALIFIED REHABILITATION THAT IS
 ALSO THE SUBJECT OF THE CREDIT ALLOWED BY THIS SUBSECTION  SHALL  REMAIN
 SOLELY LIABLE FOR ALL OBLIGATIONS AND LIABILITIES IMPOSED ON THE TAXPAY-
 ER  WITH RESPECT TO THE CREDIT ALLOWED BY THIS SUBSECTION, NONE OF WHICH
 SHALL APPLY TO A PARTY TO WHOM THE CREDIT HAS BEEN  SUBSEQUENTLY  TRANS-
 FERRED.
   § 3. Subdivision (y) of section 1511 of the tax law, as added by chap-
 ter  472 of the laws of 2010, subparagraph (A) of paragraph 1 as amended
 by section 5 of subpart B of part I of chapter 59 of the laws  of  2023,
 paragraph 3 as amended by section 3 of part RR of chapter 59 of the laws
 of  2018, paragraph 4 as amended by section 4 of part F of chapter 59 of
 the laws of 2013, paragraph 5 as amended by section 3 of part U of chap-
 S. 3009--C                         26                         A. 3009--C
 ter 59 of the laws of 2019, paragraph 6 as added by section  3  of  part
 CCC of chapter 59 of the laws of 2021, is amended to read as follows:
   (y)  Credit  for  rehabilitation  of  historic properties. (1) (A) For
 taxable years beginning on or after January first, two thousand ten  and
 before  January  first, two thousand thirty, a taxpayer, OR A TRANSFEREE
 OF SUCH A TAXPAYER AS DESCRIBED IN PARAGRAPH SEVEN OF THIS  SUBDIVISION,
 shall  be  allowed  a  credit  as  hereinafter provided, against the tax
 imposed by this article, in an amount equal to one  hundred  percent  of
 the  amount  of  credit allowed the taxpayer with respect to a certified
 historic structure, and one hundred fifty percent of the amount of cred-
 it allowed the taxpayer with respect to a certified  historic  structure
 that  is  a small project, under internal revenue code section 47(c)(3),
 determined without regard to ratably allocating the credit over  a  five
 year  period  as  required  by  subsection  (a) of such section 47, with
 respect to a certified historic  structure  located  within  the  state.
 Provided, however, the credit shall not exceed five million dollars. For
 taxable  years beginning on or after January first, two thousand thirty,
 a taxpayer, OR A TRANSFEREE OF SUCH A TAXPAYER AS DESCRIBED IN PARAGRAPH
 SEVEN OF THIS SUBDIVISION, shall be  allowed  a  credit  as  hereinafter
 provided, against the tax imposed by this article, in an amount equal to
 thirty percent of the amount of credit allowed the taxpayer with respect
 to  a  certified  historic structure under internal revenue code section
 47(c)(3), determined without regard to  ratably  allocating  the  credit
 over a five year period as required by subsection (a) of such section 47
 with respect to a certified historic structure located within the state.
 Provided,  however,  the  credit  shall  not exceed one hundred thousand
 dollars.
   (B) If the taxpayer OR TRANSFEREE is a partner in a partnership,  then
 the  cap  imposed in subparagraph (A) of this paragraph shall be applied
 at the entity level, so that the aggregate credit  allowed  to  all  the
 partners  of  such  partnership  in the taxable year does not exceed the
 credit cap that is applicable in that taxable year.
   (2) Tax credits allowed pursuant to this subsection shall  be  allowed
 in  the  taxable  year  that  the  qualified rehabilitation is placed in
 service under section 167 of the federal internal revenue code.
   (3) If the taxpayer is allowed a credit pursuant to section 47 of  the
 internal revenue code with respect to a qualified rehabilitation that is
 also  the  subject  of  the  credit allowed by this subdivision and that
 credit pursuant to such section 47 is recaptured pursuant to  subsection
 (a)  of section 50 of the internal revenue code, a portion of the credit
 allowed under this subdivision  in  the  taxable  year  the  credit  was
 claimed  must  be  added  back BY THE TAXPAYER OR TRANSFEREE in the same
 taxable year and in the same proportion as the federal recapture.
   (4) The credit allowed under this subdivision  for  any  taxable  year
 shall  not  reduce  the  tax  due for such year to less than the minimum
 fixed by paragraph four of subdivision (a) of  section  fifteen  hundred
 two  or  section  fifteen  hundred  two-a  of this article, whichever is
 applicable. However, if the amount of credits allowed under this  subdi-
 vision  for  any taxable year reduces the tax to such amount, any amount
 of credit thus not deductible in such taxable year shall be  treated  as
 an  overpayment of tax to be credited or refunded in accordance with the
 provisions of section one thousand eighty-six of this chapter. Provided,
 however, the provisions of subsection (c) of section one thousand eight-
 y-eight of this chapter notwithstanding, no interest shall be paid ther-
 eon.
 S. 3009--C                         27                         A. 3009--C
 
   (5) [Except in the case of a qualified rehabilitation  project  under-
 taken  within  a state park, state historic site, or other land owned by
 the state, that is under the jurisdiction of the office of parks, recre-
 ation and historic preservation, to]  TO  be  eligible  for  the  credit
 allowable under this subdivision, the rehabilitation project shall be in
 whole  or  in  part located within a census tract which is identified as
 being at or below one hundred percent of the state median family  income
 as  calculated as of April first of each year using the most recent five
 year estimate from the American community survey published by the United
 States Census bureau. If there is a change in the most recent five  year
 estimate,  a  census  tract  that  qualified  for eligibility under this
 program before information about the change  was  released  will  remain
 eligible  for  a  credit  under  this  subdivision for an additional two
 calendar years. THE ELIGIBILITY RESTRICTIONS SET FORTH IN THIS PARAGRAPH
 SHALL NOT BE APPLICABLE IF:
   (A) A QUALIFIED REHABILITATION PROJECT IS UNDERTAKEN  WITHIN  A  STATE
 PARK,  STATE  HISTORIC  SITE,  OR OTHER LAND OWNED BY THE STATE, THAT IS
 UNDER THE JURISDICTION OF THE OFFICE OF PARKS, RECREATION  AND  HISTORIC
 PRESERVATION; OR
   (B) A QUALIFIED REHABILITATION PROJECT IS UNDERTAKEN FOR THE PROVISION
 OF  AFFORDABLE  HOUSING  AND  THE TAXPAYER HAS ENTERED INTO A REGULATORY
 AGREEMENT WITH ANY STATE OR FEDERAL AGENCY OR AUTHORITY,  OR  ANY  OTHER
 GOVERNMENT  ENTITY  THAT  IS  AUTHORIZED  TO  ENGAGE  IN  THE FINANCING,
 CONSTRUCTION OR OVERSIGHT OF AFFORDABLE  HOUSING  WITHIN  SUCH  ENTITY'S
 JURISDICTION, AND WHERE SUCH REGULATORY AGREEMENT SETS FORTH AFFORDABIL-
 ITY  REQUIREMENTS  APPLICABLE FOR A PERIOD OF NOT LESS THAN THIRTY YEARS
 AND THAT IS BINDING ON ALL SUCCESSORS OF THE TAXPAYER.
   (6) For purposes of this subdivision "small project"  means  qualified
 rehabilitation  expenditures  totaling two million five hundred thousand
 dollars or less.
   (7)(A) A TAXPAYER ALLOWED A CREDIT PURSUANT TO  THIS  SUBDIVISION  MAY
 TRANSFER  THE  CREDIT, IN WHOLE OR IN PART, TO ANOTHER PERSON OR ENTITY,
 WHO SHALL BE REFERRED TO AS THE TRANSFEREE, WITHOUT REGARD  TO  HOW  ANY
 TAX  CREDIT  AUTHORIZED  PURSUANT TO SECTION FORTY-SEVEN OF THE INTERNAL
 REVENUE CODE WITH RESPECT TO A QUALIFIED REHABILITATION PROJECT  MAY  BE
 ALLOCATED  AND  NOTWITHSTANDING THAT SUCH OTHER PERSON OR ENTITY OWNS NO
 INTEREST IN THE QUALIFIED REHABILITATION PROJECT OR IN AN ENTITY WITH AN
 OWNERSHIP INTEREST IN THE QUALIFIED REHABILITATION PROJECT. A TRANSFEREE
 MAY NOT TRANSFER ANY CREDIT, OR PORTION THEREOF, ACQUIRED BY TRANSFER.
   (B) A TAXPAYER SEEKING TO TRANSFER A CREDIT ALLOWED PURSUANT  TO  THIS
 SUBDIVISION MUST ENTER INTO A TRANSFER CONTRACT WITH THE TRANSFEREE. THE
 TRANSFER CONTRACT MUST SPECIFY:
   (I)  THE  BUILDING  IDENTIFICATION  NUMBERS  FOR  ALL BUILDINGS IN THE
 PROJECT;
   (II) THE DATE EACH BUILDING WAS PLACED INTO SERVICE;
   (III) THE SCHEDULE OF YEARS FOR  WHICH  THE  TRANSFER  CREDIT  MAY  BE
 CLAIMED AND THE AMOUNT OF CREDIT PREVIOUSLY CLAIMED;
   (IV)  THE  AMOUNT  OF  CONSIDERATION  RECEIVED BY THE TAXPAYER FOR THE
 TRANSFER CREDIT; AND
   (V) THE AMOUNT OF CREDIT BEING TRANSFERRED.
   (C) NO TRANSFER SHALL BE EFFECTIVE UNLESS THE TAXPAYER ALLOWED A CRED-
 IT PURSUANT TO THIS SUBDIVISION AND SEEKING TO TRANSFER THE CREDIT FILES
 A TRANSFER APPLICATION WITH THE COMMISSIONER OF  PARKS,  RECREATION  AND
 HISTORIC  PRESERVATION  PRIOR TO THE TRANSFER AND SUCH TRANSFER APPLICA-
 TION IS APPROVED. THE TRANSFER APPLICATION SHALL INCLUDE  THE  NAME  AND
 FEDERAL  IDENTIFICATION NUMBERS OF THE TAXPAYER AND EACH PROPOSED TRANS-
 S. 3009--C                         28                         A. 3009--C
 
 FEREE, THE AMOUNT OF CREDIT PROPOSED TO BE TRANSFERRED TO EACH  PROPOSED
 TRANSFEREE,  A COPY OF THE TRANSFER CONTRACT, AND SUCH OTHER INFORMATION
 AS THE COMMISSIONER OR THE COMMISSIONER OF PARKS, RECREATION AND HISTOR-
 IC  PRESERVATION  MAY REQUIRE. THE COMMISSIONER OF PARKS, RECREATION AND
 HISTORIC PRESERVATION SHALL APPROVE OR DENY  EACH  TRANSFER  APPLICATION
 AND, IF AN APPLICATION IS DENIED, SHALL ISSUE A WRITTEN DETERMINATION TO
 THE  TAXPAYER.  IF  THE TRANSFER IS APPROVED, THE COMMISSIONER OF PARKS,
 RECREATION AND HISTORIC PRESERVATION SHALL  ISSUE  A  TRANSFER  APPROVAL
 CERTIFICATE  THAT  PROVIDES THE NAME OF THE TRANSFEROR AND ALL TRANSFER-
 EES, THE AMOUNT OF CREDIT BEING TRANSFERRED AND SUCH  OTHER  INFORMATION
 AS  THE  COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION AND
 THE COMMISSIONER DEEM NECESSARY. A COPY OF THE TRANSFER APPROVAL CERTIF-
 ICATE MUST BE ATTACHED TO EACH TRANSFEREE'S TAX RETURN. THE COMMISSIONER
 OF PARKS, RECREATION AND HISTORIC PRESERVATION, IN CONSULTATION WITH THE
 COMMISSIONER, MAY ESTABLISH SUCH OTHER PROCEDURES AND  STANDARDS  DEEMED
 NECESSARY FOR THE TRANSFERABILITY OF CREDITS ALLOWED UNDER THIS SUBDIVI-
 SION.
   (D)  THE  COMMISSIONER  OF PARKS, RECREATION AND HISTORIC PRESERVATION
 SHALL FORWARD COPIES OF ALL TRANSFER APPLICATIONS AND ATTACHMENTS THERE-
 TO AND APPROVAL CERTIFICATES TO  THE  COMMISSIONER  WITHIN  THIRTY  DAYS
 AFTER THE TRANSFER IS APPROVED.
   (E) A TAXPAYER ALLOWED A CREDIT PURSUANT TO SECTION FORTY-SEVEN OF THE
 INTERNAL REVENUE CODE WITH RESPECT TO A QUALIFIED REHABILITATION THAT IS
 ALSO  THE SUBJECT OF THE CREDIT ALLOWED BY THIS SUBDIVISION SHALL REMAIN
 SOLELY LIABLE FOR ALL OBLIGATIONS AND LIABILITIES IMPOSED ON THE TAXPAY-
 ER WITH RESPECT TO THE CREDIT ALLOWED BY THIS SUBDIVISION, NONE OF WHICH
 SHALL APPLY TO A PARTY TO WHOM THE CREDIT HAS BEEN  SUBSEQUENTLY  TRANS-
 FERRED.
   § 4. This act shall take effect immediately and shall apply to taxable
 years beginning on and after January 1, 2026.
 
                                  PART F
 
   Section  1.  This Part enacts into law major components of legislation
 relating to  the  purchase  of  residential  real  property  by  certain
 purchasers, taxation relating thereto, and notice regarding nonsolicita-
 tion orders adopted by the secretary of state.  Each component is wholly
 contained  within  a  Subpart  identified  as  Subparts A through C. The
 effective date for  each  particular  provision  contained  within  such
 Subpart  is set forth in the last section of such Subpart. Any provision
 in any section contained within a Subpart, including the effective  date
 of the Subpart, which makes a reference to a section "of this act", when
 used  in  connection  with that particular component, shall be deemed to
 mean and refer to the corresponding section of the Subpart in  which  it
 is  found.  Section  three of this Part sets forth the general effective
 date of this Part.
 
                                 SUBPART A
 
   Section 1. The real property law is amended by adding a new article 16
 to read as follows:
                                 ARTICLE 16
                       NINETY-DAY WAITING PERIOD FOR
                   SALE OF SINGLE-FAMILY AND TWO-FAMILY
                     RESIDENCES TO CERTAIN PURCHASERS
 SECTION 520. DEFINITIONS.
 S. 3009--C                         29                         A. 3009--C
 
         521. NINETY-DAY WAITING PERIOD.
         522. ENFORCEMENT.
   § 520. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "COMMUNITY  LAND TRUST" SHALL MEAN A NONPROFIT ORGANIZATION EXEMPT
 FROM CERTAIN TAXES PURSUANT TO SECTION 501 (C) (3) OR SECTION 501(C) (4)
 OF THE UNITED STATES INTERNAL REVENUE CODE AND/OR THAT  IS  INCORPORATED
 UNDER  THE  NOT-FOR-PROFIT  CORPORATION  LAW WHOSE PRIMARY PURPOSE IS TO
 PROVIDE AFFORDABLE HOUSING BY OWNING LAND AND LEASING OR  SELLING  RESI-
 DENTIAL  HOUSING  SITUATED  ON THAT LAND TO HOUSEHOLDS THAT MEET CERTAIN
 INCOME REQUIREMENTS.
   2. (A) "COVERED ENTITY" SHALL MEAN AN INSTITUTIONAL REAL ESTATE INVES-
 TOR OR AN ENTITY THAT RECEIVES FUNDING FROM AN INSTITUTIONAL REAL ESTATE
 INVESTOR FOR THE PURCHASE OF A  SINGLE-FAMILY  RESIDENCE  OR  TWO-FAMILY
 RESIDENCE.   A LOAN PROVIDED IN EXCHANGE FOR A MORTGAGE OF THE RESIDENCE
 THAT IS BEING PURCHASED SHALL NOT BE CONSIDERED FUNDING FOR THE PURPOSES
 OF THIS SUBDIVISION, PROVIDED THAT SUCH MORTGAGE MUST BE OF A  TYPE  FOR
 WHICH MEMBERS OF THE GENERAL PUBLIC CAN APPLY.
   (B) "COVERED ENTITY" SHALL NOT INCLUDE:
   (I)  AN  ORGANIZATION  WHICH  IS DESCRIBED IN SECTION 501(C)(3) OF THE
 INTERNAL REVENUE CODE AND EXEMPT FROM TAX UNDER SECTION  501(A)  OF  THE
 INTERNAL REVENUE CODE;
   (II) A LAND BANK;
   (III) A COMMUNITY LAND TRUST; OR
   (IV) A CREDITOR OR ITS LOAN SERVICER ACQUIRING OWNERSHIP OF REAL PROP-
 ERTY IN FULL OR PARTIAL SATISFACTION OF A SECURED DEBT.
   3.  (A)  "INSTITUTIONAL  REAL ESTATE INVESTOR" SHALL MEAN AN ENTITY OR
 COMBINED GROUP THAT, DIRECTLY OR INDIRECTLY:
   (I) OWNS TEN OR MORE SINGLE-FAMILY RESIDENCES AND/OR TWO-FAMILY  RESI-
 DENCES;
   (II)  MANAGES  OR  RECEIVES  FUNDS POOLED FROM INVESTORS AND ACTS AS A
 FIDUCIARY WITH RESPECT TO ONE OR MORE INVESTORS; AND
   (III) HAS THIRTY MILLION DOLLARS OR MORE IN NET VALUE OR ASSETS  UNDER
 MANAGEMENT ON ANY DAY DURING THE TAXABLE YEAR.
   (B)  AN  ENTITY IS CONSIDERED OWNING A SINGLE-FAMILY RESIDENCE OR TWO-
 FAMILY RESIDENCE IF IT DIRECTLY  OWNS  THE  SINGLE-FAMILY  RESIDENCE  OR
 TWO-FAMILY  RESIDENCE  OR  INDIRECTLY  OWNS  TEN  PERCENT OR MORE OF THE
 SINGLE-FAMILY RESIDENCE OR TWO-FAMILY RESIDENCE.
   4. "LAND BANK" SHALL MEAN AN ENTITY CREATED IN ACCORDANCE WITH ARTICLE
 SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
   5.  "SINGLE-FAMILY  RESIDENCE"  SHALL  MEAN  A  RESIDENTIAL   PROPERTY
 CONSISTING  OF  ONE  DWELLING  UNIT;  PROVIDED  THAT SUCH TERM SHALL NOT
 INCLUDE:
   (A) ANY SINGLE-FAMILY RESIDENCE THAT IS TO BE USED  AS  THE  PRINCIPAL
 RESIDENCE  OF  ANY  PERSON  WHO HAS AN OWNERSHIP INTEREST IN THE COVERED
 ENTITY THAT SEEKS TO PURCHASE THE SINGLE-FAMILY RESIDENCE; OR
   (B) ANY SINGLE-FAMILY RESIDENCE  CONSTRUCTED,  ACQUIRED,  OR  OPERATED
 WITH FEDERAL, STATE, OR LOCAL APPROPRIATED FUNDING SOURCES.
   6. "TWO-FAMILY RESIDENCE" SHALL MEAN A RESIDENTIAL PROPERTY CONSISTING
 OF TWO DWELLING UNITS; PROVIDED THAT SUCH TERM SHALL NOT INCLUDE:
   (A)  ANY TWO-FAMILY RESIDENCE IN WHICH ONE OF THE DWELLING UNITS IS TO
 BE USED AS THE PRINCIPAL RESIDENCE OF ANY PERSON WHO  HAS  AN  OWNERSHIP
 INTEREST  IN  THE  COVERED  ENTITY THAT SEEKS TO PURCHASE THE TWO-FAMILY
 RESIDENCE; OR
   (B) ANY TWO-FAMILY RESIDENCE CONSTRUCTED, ACQUIRED, OR  OPERATED  WITH
 FEDERAL, STATE, OR LOCAL APPROPRIATED FUNDING SOURCES.
 S. 3009--C                         30                         A. 3009--C
   §  521.  NINETY-DAY  WAITING  PERIOD.  1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW, ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE,  IT
 SHALL BE UNLAWFUL FOR A COVERED ENTITY TO PURCHASE, ACQUIRE, OR OFFER TO
 PURCHASE OR ACQUIRE ANY INTEREST IN A SINGLE-FAMILY RESIDENCE OR TWO-FA-
 MILY  RESIDENCE  UNLESS  THE SINGLE-FAMILY RESIDENCE OR TWO-FAMILY RESI-
 DENCE HAS BEEN LISTED FOR SALE TO THE GENERAL PUBLIC FOR AT LEAST NINETY
 DAYS.
   2. THE NINETY-DAY WAITING PERIOD SET FORTH IN SUBDIVISION ONE OF  THIS
 SECTION  SHALL  RESTART  IF  THE SELLER CHANGES THE ASKING PRICE FOR THE
 SINGLE-FAMILY RESIDENCE OR TWO-FAMILY RESIDENCE, AND  A  COVERED  ENTITY
 SHALL  BE PROHIBITED FROM PURCHASING, ACQUIRING, OR OFFERING TO PURCHASE
 OR ACQUIRE ANY INTEREST IN THE  SINGLE-FAMILY  RESIDENCE  OR  TWO-FAMILY
 RESIDENCE UNTIL IT HAS BEEN LISTED FOR SALE TO THE GENERAL PUBLIC AT THE
 NEW ASKING PRICE FOR AT LEAST AN ADDITIONAL NINETY DAYS.
   3.  A  COVERED  ENTITY  THAT  VIOLATES  SUBDIVISION ONE OR TWO OF THIS
 SECTION MAY BE SUBJECT TO CIVIL DAMAGES AND PENALTIES IN AN  AMOUNT  NOT
 TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS.
   4.  (A)  AT  THE  TIME AN OFFER IS MADE BY A COVERED ENTITY PURCHASING
 SUCH RESIDENCE, SUCH COVERED ENTITY SHALL BE REQUIRED TO SUBMIT  TO  THE
 SELLER  OR  ANYONE  ACTING  AS AN AGENT FOR SUCH SELLER, A FORM THAT HAS
 BEEN SIGNED BY THE COVERED ENTITY  PURCHASER,  OR  AN  AUTHORIZED  AGENT
 THEREOF, AND NOTARIZED, STATING THAT THE PURCHASER IS A COVERED ENTITY.
   (B)  WITHIN  THREE  DAYS  OF SUBMITTING A FORM TO A SELLER OR SELLER'S
 AGENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,  A  COVERED  ENTITY
 SHALL  FILE  SUCH FORM WITH THE DEPARTMENT OF LAW. THE DEPARTMENT OF LAW
 MAY ISSUE REGULATIONS OR GUIDANCE REGARDING  THE  PROCEDURE  FOR  MAKING
 SUCH FILING.
   (C)  ANY  COVERED  ENTITY OR COVERED ENTITY'S AGENT THAT VIOLATES THIS
 SUBDIVISION MAY BE SUBJECT TO CIVIL DAMAGES AND PENALTIES IN  AN  AMOUNT
 NOT TO EXCEED TEN THOUSAND DOLLARS.
   5.  THE FOLLOWING FORM SHALL BE COMPLETED BY A COVERED ENTITY PURCHAS-
 ING A SINGLE-FAMILY RESIDENCE OR TWO-FAMILY RESIDENCE:
                "COMPLIANCE WITH REAL PROPERTY LAW ARTICLE 16
   PURSUANT TO ARTICLE 16 OF  THE  NEW  YORK  STATE  REAL  PROPERTY  LAW,
 COVERED  ENTITIES  ARE REQUIRED TO WAIT AT LEAST 90 DAYS AFTER A SINGLE-
 FAMILY RESIDENCE OR TWO-FAMILY RESIDENCE HAS BEEN LISTED FOR SALE TO THE
 GENERAL PUBLIC TO PURCHASE, ACQUIRE, OR OFFER TO PURCHASE OR ACQUIRE ANY
 INTEREST IN THE SINGLE-FAMILY RESIDENCE OR TWO-FAMILY RESIDENCE.  AT THE
 TIME  AN OFFER IS MADE, THE COVERED ENTITY OR ITS AGENT IS  REQUIRED  TO
 COMPLETE THIS FORM AND SUBMIT IT TO THE SELLER STATING THAT THE PURCHAS-
 ER IS A COVERED ENTITY.  WITHIN THREE DAYS OF SUBMITTING THE FORM TO THE
 SELLER,  THE  COVERED  ENTITY OR ITS AGENT IS REQUIRED TO FILE THIS FORM
 WITH THE NEW YORK STATE OFFICE OF THE ATTORNEY  GENERAL,  IN  ACCORDANCE
 WITH  ANY  REGULATIONS  OR  GUIDANCE THAT THE ATTORNEY GENERAL MAY ISSUE
 WITH RESPECT TO SUCH FILING.
   THE BUYER OF THIS SINGLE-FAMILY RESIDENCE OR TWO-FAMILY RESIDENCE IS A
 COVERED ENTITY AS DEFINED IN NEW YORK STATE REAL PROPERTY LAW § 520. THE
 BUYER IS SUBJECT TO THE STATUTORY  90-DAY  WAITING  PERIOD.  FAILURE  TO
 COMPLY  WITH  THE  90-DAY  WAITING  PERIOD MAY RESULT IN CIVIL FINES AND
 PENALTIES.
   ANY COVERED ENTITY OR COVERED ENTITY'S AGENT THAT  DOES  NOT  COMPLETE
 AND  SUBMIT  THIS FORM AS REQUIRED BY STATUTE, OR ABIDE BY THE STATUTORY
 WAITING PERIOD, MAY BE LIABLE FOR CIVIL DAMAGES.
 IDENTIFYING INFORMATION
 BUYER OR BUYERS OF THIS RESIDENCE:
 ____________________________
 S. 3009--C                         31                         A. 3009--C
 
 PRINTED NAME AND MAILING ADDRESS
 ____________________________
 PRINTED NAME AND MAILING ADDRESS
 BY SIGNING THIS FORM, THE BUYER OR ITS AGENT AFFIRMS THAT THE STATEMENTS
 HEREIN ARE TRUE UNDER THE PENALTIES OF PERJURY.
 SIGNATURE  OF  BUYER(S)  OR ITS AGENT OF THIS SINGLE-FAMILY RESIDENCE OR
 TWO-FAMILY RESIDENCE:
 ____________________________
 SIGNATURE DATE
 ____________________________
 SIGNATURE DATE
 ____________________________
 SIGNATURE OF WITNESSES
 ____________________________
 SIGNATURE DATE
 ____________________________
 SIGNATURE DATE
 ____________________________
 NOTARY ACKNOWLEDGEMENT
 (INSERT NOTARY ACKNOWLEDGEMENT FOR THIS FORM HERE)"
   § 522. ENFORCEMENT. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THE
 ATTORNEY  GENERAL  OF  THE STATE OF NEW YORK SHALL HAVE THE AUTHORITY TO
 ENFORCE THE PROVISIONS OF SECTION FIVE HUNDRED TWENTY-ONE OF THIS  ARTI-
 CLE  BY APPLYING, IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, TO
 THE SUPREME COURT OF THE STATE OF NEW YORK, ON NOTICE OF FIVE DAYS,  FOR
 AN ORDER ENJOINING THE CONTINUANCE OF SUCH VIOLATIVE ACTIVITY, INCLUDING
 BUT  NOT  LIMITED TO BY BRINGING AN ACTION FOR INJUNCTIVE OR DECLARATORY
 RELIEF IF A SINGLE-FAMILY RESIDENCE OR TWO-FAMILY RESIDENCE  IS  IN  THE
 PROCESS  OF  BEING  OR  HAS  BEEN  SOLD IN A MANNER THAT CONTRAVENES THE
 REQUIREMENTS OF SECTION FIVE HUNDRED TWENTY-ONE  OF  THIS  ARTICLE,  AND
 IMPOSING  CIVIL DAMAGES AND PENALTIES PURSUANT TO SUBDIVISIONS THREE AND
 FOUR OF SECTION FIVE HUNDRED TWENTY-ONE OF THIS ARTICLE, AS APPLICABLE.
   § 2. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 3. This act shall take effect on the one hundred twentieth 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.
 
                                 SUBPART B
 
   Section  1.  Subdivision 9 of section 208 of the tax law is amended by
 adding a new paragraph (c-4) to read as follows:
   (C-4) DEPRECIATION AND  INTEREST  DEDUCTION  ADJUSTMENTS  FOR  COVERED
 PROPERTIES  OWNED BY AN INSTITUTIONAL REAL ESTATE INVESTOR. (1) NOTWITH-
 STANDING ANY OTHER PROVISION OF THIS SECTION, IN THE CASE  OF  A  CORPO-
 RATION  OR  COMBINED GROUP THAT IS AN INSTITUTIONAL REAL ESTATE INVESTOR
 OR A PARTNER, MEMBER OR SHAREHOLDER OF AN ENTITY  THAT  IS  AN  INSTITU-
 TIONAL  REAL  ESTATE  INVESTOR, ENTIRE NET INCOME SHALL BE COMPUTED WITH
 THE ADJUSTMENTS FOR DEPRECIATION AND INTEREST RELATED TO COVERED PROPER-
 TIES AS SET FORTH IN THIS PARAGRAPH.
 S. 3009--C                         32                         A. 3009--C
 
   (2) DEFINITIONS. (A) "INSTITUTIONAL REAL  ESTATE  INVESTOR"  MEANS  AN
 ENTITY  OR  COMBINED  GROUP THAT, DIRECTLY OR INDIRECTLY (I) OWNS TEN OR
 MORE COVERED PROPERTIES, (II) MANAGES FUNDS POOLED  FROM  INVESTORS  AND
 ACTS AS A FIDUCIARY WITH RESPECT TO ONE OR MORE INVESTORS, AND (III) HAS
 THIRTY  MILLION  DOLLARS OR MORE IN NET VALUE OR ASSETS UNDER MANAGEMENT
 ON ANY DAY DURING THE TAXABLE YEAR.  AN ENTITY IS  CONSIDERED  OWNING  A
 COVERED  PROPERTY IF IT DIRECTLY OWNS THE COVERED PROPERTY OR INDIRECTLY
 OWNS TEN PERCENT OR MORE OF THE COVERED PROPERTY.
   (B) "COVERED PROPERTY" MEANS A RESIDENTIAL PROPERTY CONSISTING  OF  NO
 MORE THAN TWO DWELLING UNITS LOCATED IN NEW YORK STATE.
   (3)  DEPRECIATION  DEDUCTIONS.  WITH RESPECT TO COVERED PROPERTIES, NO
 DEDUCTION FOR DEPRECIATION ALLOWED UNDER THE INTERNAL  REVENUE  CODE  OR
 THIS SECTION SHALL BE ALLOWED.
   (4)  INTEREST  DEDUCTIONS.  WITH  RESPECT  TO  COVERED PROPERTIES, THE
 INTEREST DEDUCTION FOR FEDERAL INCOME TAX PURPOSES ALLOWED UNDER SECTION
 ONE HUNDRED SIXTY-THREE OF  THE  INTERNAL  REVENUE  CODE  SHALL  NOT  BE
 ALLOWED  AND MUST BE ADDED BACK IN THE COMPUTATION OF ENTIRE NET INCOME,
 EXCEPT WITH RESPECT TO INTEREST PAID OR ACCRUED IN THE TAXABLE YEAR WHEN
 SUCH COVERED PROPERTY IS SOLD TO AN INDIVIDUAL FOR USE AS THE  PRINCIPAL
 RESIDENCE  OF  SUCH  INDIVIDUAL OR SOLD TO A NONPROFIT ORGANIZATION THAT
 HAS AS ITS PRINCIPAL PURPOSE THE CREATION, DEVELOPMENT, OR  PRESERVATION
 OF  AFFORDABLE HOUSING. FOR PURPOSES OF THIS SUBPARAGRAPH, ANY AMOUNT OF
 INTEREST THAT WOULD HAVE BEEN ALLOWED UNDER SECTION ONE  HUNDRED  SIXTY-
 THREE OF THE INTERNAL REVENUE CODE IN CONNECTION WITH A COVERED PROPERTY
 BUT  FOR  AN  ELECTION  TO  TREAT SUCH INTEREST AS CHARGEABLE TO CAPITAL
 ACCOUNT SHALL BE TREATED AS AN AMOUNT ALLOWED UNDER SECTION ONE  HUNDRED
 SIXTY-THREE OF THE INTERNAL REVENUE CODE.
   §  2. Section 612 of the tax law is amended by adding a new subsection
 (y) to read as follows:
   (Y) DEPRECIATION AND INTEREST ADJUSTMENTS FOR COVERED PROPERTIES OWNED
 BY AN INSTITUTIONAL REAL ESTATE INVESTOR. (1) NOTWITHSTANDING ANY  OTHER
 PROVISION  OF THIS SECTION, IN THE CASE OF A TAXPAYER THAT IS A PARTNER,
 MEMBER OR SHAREHOLDER OF AN ENTITY THAT IS AN INSTITUTIONAL REAL  ESTATE
 INVESTOR  AS  DEFINED  IN PARAGRAPH (C-4) OF SUBDIVISION NINE OF SECTION
 TWO HUNDRED EIGHT OF THIS CHAPTER, NEW YORK ADJUSTED GROSS INCOME  SHALL
 BE  COMPUTED  WITH  ADJUSTMENTS FOR DEPRECIATION AND INTEREST RELATED TO
 COVERED PROPERTIES AS SET FORTH IN THIS SUBSECTION.
   (2) DEPRECIATION DEDUCTIONS. WITH RESPECT TO  COVERED  PROPERTIES,  NO
 DEDUCTION  FOR  DEPRECIATION  ALLOWED UNDER THE INTERNAL REVENUE CODE OR
 THIS SECTION SHALL BE ALLOWED.
   (3) FEDERAL INTEREST DEDUCTIONS. WITH RESPECT TO  COVERED  PROPERTIES,
 THE  INTEREST  DEDUCTION  FOR  FEDERAL INCOME TAX PURPOSES ALLOWED UNDER
 SECTION ONE HUNDRED SIXTY-THREE OF THE INTERNAL REVENUE CODE  SHALL  NOT
 BE  ALLOWED  AND  MUST  BE  ADDED  BACK  IN  THE COMPUTATION OF NEW YORK
 ADJUSTED GROSS INCOME, EXCEPT WITH RESPECT TO INTEREST PAID  OR  ACCRUED
 IN  THE TAXABLE YEAR WHEN SUCH COVERED PROPERTY IS SOLD TO AN INDIVIDUAL
 FOR USE AS THE PRINCIPAL RESIDENCE OF  SUCH  INDIVIDUAL  OR  SOLD  TO  A
 NONPROFIT  ORGANIZATION  THAT HAS AS ITS PRINCIPAL PURPOSE THE CREATION,
 DEVELOPMENT, OR PRESERVATION OF AFFORDABLE HOUSING. FOR PURPOSES OF THIS
 PARAGRAPH, ANY AMOUNT OF INTEREST THAT WOULD  HAVE  BEEN  ALLOWED  UNDER
 SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THE  INTERNAL  REVENUE  CODE  IN
 CONNECTION WITH A COVERED PROPERTY BUT FOR AN  ELECTION  TO  TREAT  SUCH
 INTEREST  AS CHARGEABLE TO CAPITAL ACCOUNT SHALL BE TREATED AS AN AMOUNT
 ALLOWED UNDER SECTION ONE HUNDRED SIXTY-THREE OF  THE  INTERNAL  REVENUE
 CODE.
 S. 3009--C                         33                         A. 3009--C
 
   §  3.  Subdivision  (b)  of  section 1503 of the tax law is amended by
 adding a new paragraph 17 to read as follows:
   (17)  DEPRECIATION  AND  INTEREST  ADJUSTMENTS  FOR COVERED PROPERTIES
 OWNED BY AN INSTITUTIONAL REAL ESTATE INVESTOR. (A) NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  THIS SECTION, IN THE CASE OF A TAXPAYER THAT IS AN
 INSTITUTIONAL REAL ESTATE INVESTOR OR PARTNER, MEMBER OR SHAREHOLDER  OF
 AN  ENTITY  THAT  IS AN INSTITUTIONAL REAL ESTATE INVESTOR AS DEFINED IN
 PARAGRAPH (C-4) OF SUBDIVISION NINE OF SECTION TWO HUNDRED EIGHT OF THIS
 CHAPTER, ENTIRE NET INCOME SHALL BE COMPUTED WITH ADJUSTMENTS FOR DEPRE-
 CIATION AND INTEREST RELATED TO COVERED PROPERTIES AS SET FORTH IN  THIS
 PARAGRAPH.
   (B)  DEPRECIATION  DEDUCTIONS.  WITH RESPECT TO COVERED PROPERTIES, NO
 DEDUCTION FOR DEPRECIATION ALLOWED UNDER THE INTERNAL  REVENUE  CODE  OR
 THIS SECTION SHALL BE ALLOWED.
   (C)  FEDERAL  INTEREST DEDUCTIONS. WITH RESPECT TO COVERED PROPERTIES,
 THE INTEREST DEDUCTION FOR FEDERAL INCOME  TAX  PURPOSES  ALLOWED  UNDER
 SECTION  ONE  HUNDRED SIXTY-THREE OF THE INTERNAL REVENUE CODE SHALL NOT
 BE ALLOWED AND MUST BE ADDED BACK  IN  THE  COMPUTATION  OF  ENTIRE  NET
 INCOME,  EXCEPT  WITH RESPECT TO INTEREST PAID OR ACCRUED IN THE TAXABLE
 YEAR WHEN SUCH COVERED PROPERTY IS SOLD TO AN INDIVIDUAL FOR USE AS  THE
 PRINCIPAL  RESIDENCE OF SUCH INDIVIDUAL OR SOLD TO A NONPROFIT ORGANIZA-
 TION THAT HAS AS ITS PRINCIPAL PURPOSE  THE  CREATION,  DEVELOPMENT,  OR
 PRESERVATION  OF  AFFORDABLE HOUSING. FOR PURPOSES OF THIS SUBPARAGRAPH,
 ANY AMOUNT OF INTEREST THAT WOULD HAVE BEEN ALLOWED  UNDER  SECTION  ONE
 HUNDRED  SIXTY-THREE  OF  THE INTERNAL REVENUE CODE IN CONNECTION WITH A
 COVERED PROPERTY BUT FOR AN ELECTION TO TREAT SUCH INTEREST AS  CHARGEA-
 BLE  TO  CAPITAL  ACCOUNT  SHALL  BE  TREATED AS AN AMOUNT ALLOWED UNDER
 SECTION ONE HUNDRED SIXTY-THREE OF THE INTERNAL REVENUE CODE.
   § 4. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2025.
 
                                 SUBPART C
 
   Section 1. Paragraph (a) of subdivision 3 of section 442-h of the real
 property law, as amended by chapter 505 of the laws of 2001, is  amended
 to read as follows:
   (a)  If the secretary of state determines that some owners of residen-
 tial real property within a  defined  geographic  area  are  subject  to
 intense  and  repeated solicitation by real estate brokers and salesper-
 sons to place their property for sale with such real estate  brokers  or
 salespersons,  or  are  subject  to intense and repeated solicitation by
 other persons regularly engaged in the trade or business of  buying  and
 selling  real  estate  to sell their real estate, the secretary of state
 may adopt a rule establishing a cease and desist zone, which zone  shall
 be  bounded  or  otherwise  specifically  defined in the rule. After the
 secretary of state has established a cease and desist zone,  the  owners
 of residential real property located within the zone may file an owner's
 statement  with  the  secretary of state expressing their wish not to be
 solicited by real estate brokers, salespersons or other persons regular-
 ly engaged in the trade or business of buying and selling  real  estate.
 The  form and content of the statement shall be prescribed by the secre-
 tary of state.  AFTER A CEASE AND DESIST ZONE HAS  BEEN  ESTABLISHED  BY
 THE  SECRETARY  OF  STATE,  THE  SECRETARY OF STATE SHALL PROVIDE PUBLIC
 NOTICE ON ITS WEBSITE OF SUCH ZONE, SHALL PUBLISH NOTICE OF SUCH ZONE AT
 LEAST ONCE ANNUALLY IN A NEWSPAPER OF GENERAL CIRCULATION  IN  THE  AREA
 AFFECTED  BY  THE  CEASE AND DESIST ZONE, AND SHALL PROVIDE SUCH FURTHER
 S. 3009--C                         34                         A. 3009--C
 
 PUBLIC NOTICE OF SUCH CEASE AND DESIST ZONE AS THE  SECRETARY  OF  STATE
 DEEMS  NECESSARY  TO  MAXIMIZE  AWARENESS  TO OWNERS OF RESIDENTIAL REAL
 PROPERTY LOCATED WITHIN THE CEASE AND DESIST ZONE THAT THEY MAY  FILE  A
 STATEMENT  PURSUANT TO THIS PARAGRAPH. After a cease and desist zone has
 been established by the secretary  of  state,  no  real  estate  broker,
 salesperson  or  other person regularly engaged in the trade or business
 of buying and selling real estate shall solicit a listing from any owner
 who has filed a statement with the secretary of state  if  such  owner's
 name appears on the current cease and desist list prepared by the secre-
 tary  of  state.  The  prohibition on solicitation shall apply to direct
 forms of solicitation such as  the  use  of  the  telephone,  the  mail,
 personal contact and other forms of direct solicitation as may be speci-
 fied by the secretary of state.
   § 2. This act shall take effect on the one hundred twentieth 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.
   § 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 C of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART G
 
                           Intentionally Omitted
 
                                  PART H
 
   Section 1. This Part enacts into law major components  of  legislation
 relating  to  the  excelsior  jobs  program  and  the  empire state jobs
 retention program. Each component is wholly contained within  a  Subpart
 identified  as  Subpart  A  and  Subpart  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 Part sets forth the general effective date of this Part.
 
                                 SUBPART A
 
   Section 1. Section 352 of the economic development law is  amended  by
 adding a new subdivision 25 to read as follows:
   25. "SEMICONDUCTOR SUPPLY CHAIN PROJECT" MEANS A PROJECT DEEMED BY THE
 COMMISSIONER TO MAKE PRODUCTS OR DEVELOP TECHNOLOGIES THAT ARE PRIMARILY
 S. 3009--C                         35                         A. 3009--C
 
 AIMED  AT  SUPPORTING  THE GROWTH OF THE SEMICONDUCTOR MANUFACTURING AND
 RELATED EQUIPMENT AND MATERIAL SUPPLIER  SECTOR.  "SEMICONDUCTOR  SUPPLY
 CHAIN  PROJECT" SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, SEMICONDUCTOR
 DEVICE MANUFACTURING, PRODUCERS OF COMPONENT PARTS, DIRECT INPUT MATERI-
 ALS  AND EQUIPMENT NECESSARY FOR THE MANUFACTURE OF SEMICONDUCTOR CHIPS,
 MACHINERY, EQUIPMENT, AND MATERIALS NECESSARY FOR THE OPERATIONAL  EFFI-
 CIENCY  OF  SEMICONDUCTOR  MANUFACTURING  FACILITIES,  OTHER SUCH INPUTS
 DIRECTLY SUPPORTIVE OF THE DOMESTIC PRODUCTION OF  SEMICONDUCTOR  CHIPS,
 AND  COMPANIES  ENGAGED IN THE ASSEMBLY, TESTING, PACKAGING AND ADVANCED
 PACKAGING  SEMICONDUCTOR  VALUE  CHAIN.    "SEMICONDUCTOR  SUPPLY  CHAIN
 PROJECT"  SHALL NOT INCLUDE A PROJECT PRIMARILY COMPOSED OF: (I) MACHIN-
 ERY, EQUIPMENT, OR MATERIALS THAT ARE INPUTS TO MANUFACTURING GENERALLY,
 BUT ARE NOT DIRECT INPUTS TO SEMICONDUCTOR  MANUFACTURING  IN  SPECIFIC;
 (II)  THE  PRODUCTION  OF  PRODUCTS  OR DEVELOPMENT OF TECHNOLOGIES THAT
 WOULD PRODUCE ONLY MARGINAL AND INCREMENTAL BENEFITS TO THE  SEMICONDUC-
 TOR MANUFACTURING SECTOR; (III) PROJECTS THAT WOULD OTHERWISE QUALIFY AS
 A GREEN CHIPS PROJECT AS DEFINED IN SECTION TWENTY-FOUR OF THIS SECTION.
   §  2.  Paragraphs  (m)  and (n) of subdivision 1 of section 353 of the
 economic development law, as amended by chapter 494 of the laws of 2022,
 are amended and a new paragraph (o) is added to read as follows:
   (m) as a participant operating in one  of  the  industries  listed  in
 paragraphs (a) through (k) of this subdivision and operating or sponsor-
 ing  child  care  services  to its employees as defined in section three
 hundred fifty-two of this article; [or]
   (n) as a Green CHIPS project[.]; OR
   (O) AS A COMPANY OPERATING IN ONE OF THE INDUSTRIES  LISTED  IN  PARA-
 GRAPHS (A) THROUGH (K) OF THIS SUBDIVISION AND ENGAGING IN A SEMICONDUC-
 TOR  SUPPLY  CHAIN PROJECT AS DEFINED IN SECTION THREE HUNDRED FIFTY-TWO
 OF THIS ARTICLE.
   § 3. Subdivisions 1, 2 and 3 of section 355 of the  economic  develop-
 ment  law, as amended by chapter 494 of the laws of 2022, are amended to
 read as follows:
   1. Excelsior jobs tax credit component. A participant in the excelsior
 jobs program shall be eligible to claim a credit for each net new job it
 creates in New York state. In a project that is not a green project, the
 amount of such credit per job shall be equal to the product of the gross
 wages paid and up to 6.85 percent. In a green project, or a Green  CHIPS
 project, the amount of such credit per job shall be equal to the product
 of  the gross wages paid and up to 7.5 percent. Provided, however, given
 the transformational nature of Green CHIPS projects, only the first  two
 hundred  thousand  dollars  of gross wages per job shall be eligible for
 this credit. The maximum amount of gross wages per job for a Green CHIPS
 project may be adjusted for inflation at an annual amount determined  by
 the commissioner in a manner substantially similar to the cost of living
 adjustments  calculated  by  the  United States Social Security Adminis-
 tration based on changes in consumer price indices or  a  rate  of  four
 percent  per year, whichever is higher.  IN A SEMICONDUCTOR SUPPLY CHAIN
 PROJECT, THE AMOUNT OF SUCH CREDIT PER JOB SHALL BE EQUAL TO THE PRODUCT
 OF THE GROSS WAGES PAID AND UP TO SEVEN PERCENT.
   2. Excelsior investment tax credit component.  A  participant  in  the
 excelsior  jobs program shall be eligible to claim a credit on qualified
 investments. In a project that is not a green project, the credit  shall
 be  equal  to  two percent of the cost or other basis for federal income
 tax purposes of the qualified investment. In a green project, the credit
 shall be equal to five percent of the cost or other  basis  for  federal
 income  tax purposes of the qualified investment. In a project for child
 S. 3009--C                         36                         A. 3009--C
 
 care services or a Green CHIPS project, the credit shall be up  to  five
 percent  of  the  cost or other basis for federal income tax purposes of
 the qualified investment in child care services or in  the  Green  CHIPS
 project  as  applicable.    IN A SEMICONDUCTOR SUPPLY CHAIN PROJECT, THE
 CREDIT SHALL BE UP TO THREE PERCENT OF  THE  COST  OR  OTHER  BASIS  FOR
 FEDERAL  INCOME  TAX PURPOSES OF THE QUALIFIED INVESTMENT. A participant
 may not claim both the excelsior investment tax credit component and the
 investment tax credit set  forth  in  subdivision  one  of  section  two
 hundred  ten-B,  subsection  (a)  of section six hundred six, the former
 subsection (i) of section fourteen hundred fifty-six, or subdivision (q)
 of section fifteen hundred eleven of the tax law for the  same  property
 in  any  taxable  year,  except  that  a  participant may claim both the
 excelsior investment tax credit component and the investment tax  credit
 for  research  and  development property. In addition, a taxpayer who or
 which is qualified to claim the excelsior investment tax  credit  compo-
 nent  and  is  also  qualified to claim the brownfield tangible property
 credit component under section twenty-one  of  the  tax  law  may  claim
 either  the  excelsior  investment tax credit component or such tangible
 property credit component, but not both  with  regard  to  a  particular
 piece  of  property. A credit may not be claimed until a business enter-
 prise has received a certificate of tax credit, provided that  qualified
 investments  made  on or after the issuance of the certificate of eligi-
 bility but before the issuance of the certificate of tax credit  to  the
 business  enterprise, may be claimed in the first taxable year for which
 the business  enterprise  is  allowed  to  claim  the  credit.  Expenses
 incurred  prior to the date the certificate of eligibility is issued are
 not eligible to be included in the calculation of the credit.
   3. Excelsior research and development tax credit component. A  partic-
 ipant  in the excelsior jobs program shall be eligible to claim a credit
 equal to fifty percent of  the  portion  of  the  participant's  federal
 research  and  development  tax credit that relates to the participant's
 research and development expenditures in New York state during the taxa-
 ble year; provided however,  if  not  a  green  project,  the  excelsior
 research  and development tax credit shall not exceed six percent of the
 qualified research and development expenditures attributable  to  activ-
 ities  conducted  in  New  York state, or, if a green project or a Green
 CHIPS project, the excelsior research and development tax  credit  shall
 not  exceed  eight  percent of the research and development expenditures
 attributable to activities conducted in New York state, OR IF A SEMICON-
 DUCTOR SUPPLY CHAIN PROJECT, THE EXCELSIOR RESEARCH AND DEVELOPMENT  TAX
 CREDIT  SHALL  NOT  EXCEED  SEVEN  PERCENT OF THE QUALIFIED RESEARCH AND
 DEVELOPMENT EXPENDITURES ATTRIBUTABLE TO  ACTIVITIES  CONDUCTED  IN  NEW
 YORK STATE.  If the federal research and development credit has expired,
 then  the  research and development expenditures relating to the federal
 research and development credit shall be calculated as  if  the  federal
 research  and  development  credit structure and definition in effect in
 two thousand nine  were  still  in  effect.  Notwithstanding  any  other
 provision  of  this  chapter  to  the contrary, research and development
 expenditures in this state, including salary or wage expenses  for  jobs
 related  to  research  and  development activities in this state, may be
 used as the basis for the excelsior research and development tax  credit
 component  and  the  qualified  emerging  technology company facilities,
 operations and training credit under the tax law.
   § 4. Section 359 of the economic development law, as amended by  chap-
 ter 494 of the laws of 2022, is amended to read as follows:
 S. 3009--C                         37                         A. 3009--C
 
   § 359. Cap on tax credit. 1. Except with respect to tax credits issued
 to  Green  CHIPS  projects  as  articulated  in subdivision four of this
 section, the total amount of tax credits issued by the commissioner  for
 any taxable year may not exceed the limitations set forth in this subdi-
 vision.  Except  with  respect  to  tax  credits  issued  to Green CHIPS
 projects as articulated in subdivision four of this section, one-half of
 any amount of tax credits not awarded for a particular taxable year  may
 be  used  by  the  commissioner  to award tax credits in another taxable
 year.
 
 Credit components in the aggregate           With respect to taxable
 shall not exceed:                            years beginning in:
 
           $ 50 million                               2011
           $ 100 million                              2012
           $ 150 million                              2013
           $ 200 million                              2014
           $ 250 million                              2015
           $ 183 million                              2016
           $ 183 million                              2017
           $ 183 million                              2018
           $ 183 million                              2019
           $ 183 million                              2020
           $ 183 million                              2021
           $ 133 million                              2022
           $ 83 million                               2023
           $ 36 million                               2024
           $ 200 million                              2025
           $ 200 million                              2026
           $ 200 million                              2027
           $ 200 million                              2028
           $ 200 million                              2029
           $ 200 MILLION                              2030
           $ 200 MILLION                              2031
           $ 200 MILLION                              2032
           $ 200 MILLION                              2033
           $ 200 MILLION                              2034
 
   2. Twenty-five percent of tax credits shall be allocated to businesses
 accepted into the  program  under  subdivision  four  of  section  three
 hundred  fifty-three  of  this  article  and seventy-five percent of tax
 credits shall be allocated to businesses accepted into the program under
 subdivision three of section three hundred fifty-three of this article.
   3. Provided, however, if by September thirtieth of  a  calendar  year,
 the department has not allocated the full amount of credits available in
 that  year  to  either:  (i)  businesses accepted into the program under
 subdivision four of section three hundred fifty-three of this article or
 (ii) businesses accepted into the program  under  subdivision  three  of
 section  three hundred fifty-three of this article, the commissioner may
 allocate any remaining tax credits  to  businesses  referenced  in  this
 paragraph  as needed; provided, however, that under no circumstances may
 the aggregate statutory cap for  all  program  years  be  exceeded.  One
 hundred  percent  of  the  unawarded amounts remaining at the end of two
 thousand twenty-nine may be allocated in subsequent years, notwithstand-
 ing the fifty percent limitation on  any  amounts  of  tax  credits  not
 awarded  in taxable years two thousand eleven through two thousand twen-
 S. 3009--C                         38                         A. 3009--C
 ty-nine. Provided, however, no tax credits may be  allowed  for  taxable
 years beginning on or after January first, two thousand [forty] FIFTY.
   4.  The total amount of tax credits issued by the commissioner for the
 taxable years two thousand twenty-two  to  two  thousand  forty-one  for
 Green CHIPS projects shall not exceed five hundred million per year. One
 hundred  percent  of any amount of tax credits not awarded for a partic-
 ular taxable year may be used by the commissioner to award  tax  credits
 in  another  taxable  year.  Notwithstanding  the foregoing, Green CHIPS
 projects may be allowed to claim credits for taxable years up to January
 first, two thousand fifty.
   § 5. Article 22 of the economic development law is REPEALED.
   § 6. Paragraph (a) of subdivision 50 of section 210-B of the tax  law,
 as  added  by  section 2 of part O of chapter 59 of the laws of 2015, is
 amended to read as follows:
   (a) [A] FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND
 TWENTY-NINE, A taxpayer that has been approved by  the  commissioner  of
 economic  development  to participate in the employee training incentive
 program and has been issued a certificate  of  tax  credit  pursuant  to
 section  four  hundred forty-three of the economic development law shall
 be allowed to claim a credit against the tax imposed  by  this  article.
 The  credit  shall equal fifty percent of a taxpayer's eligible training
 costs, up to a credit of ten thousand dollars  per  employee  completing
 eligible  training  pursuant  to  paragraph  (a) of subdivision three of
 section four hundred forty-one of  the  economic  development  law.  The
 credit shall equal fifty percent of the stipend paid to an intern, up to
 a credit of three thousand dollars per intern completing eligible train-
 ing  pursuant  to  paragraph  (b)  of  subdivision three of section four
 hundred forty-one of the economic development law. In no event  shall  a
 taxpayer be allowed a credit greater than the amount of credit listed on
 the  certificate  of  tax  credit issued by the commissioner of economic
 development. The credit will be allowed in the taxable year in which the
 eligible training is completed.
   § 7. Paragraph 1 of subsection (ddd) of section 606 of the tax law, as
 added by section 3 of part O of chapter 59  of  the  laws  of  2015,  is
 amended to read as follows:
   (1) [A] FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND
 TWENTY-NINE,  A  taxpayer  that has been approved by the commissioner of
 economic development to participate in the employee  training  incentive
 program  and  has  been  issued  a certificate of tax credit pursuant to
 section four hundred forty-three of the economic development  law  shall
 be  allowed  to  claim a credit against the tax imposed by this article.
 The credit shall equal fifty percent of a taxpayer's  eligible  training
 costs,  up  to  a credit of ten thousand dollars per employee completing
 eligible training pursuant to paragraph  (a)  of  subdivision  three  of
 section  four  hundred  forty-one  of  the economic development law. The
 credit shall equal fifty percent of the stipend paid to an intern, up to
 a credit of three thousand dollars per intern completing eligible train-
 ing pursuant to paragraph (b)  of  subdivision  three  of  section  four
 hundred  forty-one  of the economic development law. In no event shall a
 taxpayer be allowed a credit greater  than  the  amount  listed  on  the
 certificate  of tax credit issued by the commissioner of economic devel-
 opment. In the case of a taxpayer who is a  partner  in  a  partnership,
 member  of  a  limited  liability  company or shareholder in an S corpo-
 ration, the taxpayer shall be allowed its pro rata share of  the  credit
 earned  by  the partnership, limited liability company or S corporation.
 S. 3009--C                         39                         A. 3009--C
 
 The credit will be allowed in the taxable year  in  which  the  eligible
 training is completed.
   §  8.  The economic development law is amended by adding a new article
 17-A to read as follows:
 
                                ARTICLE 17-A
          SEMICONDUCTOR RESEARCH AND DEVELOPMENT PROJECT PROGRAM
 
 SECTION 359-A. SHORT TITLE.
         359-B. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
         359-C. DEFINITIONS.
         359-D. ELIGIBILITY CRITERIA.
         359-E. APPLICATION AND APPROVAL PROCESS.
         359-F. POWERS AND DUTIES OF THE COMMISSIONER.
         359-G. SEMICONDUCTOR RESEARCH AND DEVELOPMENT TAX CREDIT.
         359-H. REPORTING.
   § 359-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED  AS
 THE "SEMICONDUCTOR RESEARCH AND DEVELOPMENT PROJECT ACT".
   § 359-B. STATEMENT  OF  LEGISLATIVE  FINDINGS  AND  DECLARATION. IT IS
 HEREBY FOUND AND DECLARED THAT NEW YORK STATE  NEEDS,  AS  A  MATTER  OF
 PUBLIC  POLICY,  TO  CREATE  COMPETITIVE FINANCIAL INCENTIVES TO ATTRACT
 LARGE SCALE SEMICONDUCTOR RESEARCH AND DEVELOPMENT PROJECTS TO NEW  YORK
 STATE,  AND  TO  POSITION  NEW YORK STATE TO BE AT THE CENTER OF CUTTING
 EDGE INNOVATIONS IN THE SEMICONDUCTOR INDUSTRY.
   § 359-C. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "CERTIFICATE OF ELIGIBILITY"  MEANS  THE  DOCUMENT  ISSUED  BY  THE
 DEPARTMENT  TO  AN  APPLICANT  THAT  HAS  COMPLETED AN APPLICATION TO BE
 ADMITTED INTO THE SEMICONDUCTOR RESEARCH AND DEVELOPMENT PROJECT PROGRAM
 AND HAS BEEN ACCEPTED INTO THE PROGRAM BY THE DEPARTMENT. POSSESSION  OF
 A  CERTIFICATE OF ELIGIBILITY DOES NOT BY ITSELF GUARANTEE THE ELIGIBIL-
 ITY TO CLAIM THE TAX CREDIT.
   2. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A  PARTIC-
 IPANT  BY  THE  DEPARTMENT,  AFTER  THE DEPARTMENT HAS VERIFIED THAT THE
 PARTICIPANT HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN THIS ARTICLE.
 THE CERTIFICATE SHALL BE ISSUED ANNUALLY IF SUCH CRITERIA ARE  SATISFIED
 AND  SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CREDIT UNDER THIS ARTICLE
 THAT A PARTICIPANT MAY CLAIM AND SHALL SPECIFY THE TAXABLE YEAR IN WHICH
 SUCH CREDIT MAY BE CLAIMED.
   3. "PARTICIPANT" MEANS A BUSINESS ENTITY THAT:
   (A) HAS COMPLETED AN APPLICATION PRESCRIBED BY THE  DEPARTMENT  TO  BE
 ADMITTED INTO THE PROGRAM;
   (B) HAS BEEN ISSUED A CERTIFICATE OF ELIGIBILITY BY THE DEPARTMENT;
   (C) HAS DEMONSTRATED THAT IT MEETS THE ELIGIBILITY CRITERIA IN SECTION
 THREE  HUNDRED FIFTY-NINE-D AND SUBDIVISION TWO OF SECTION THREE HUNDRED
 FIFTY-NINE-E OF THIS ARTICLE; AND
   (D) HAS BEEN CERTIFIED AS A PARTICIPANT BY THE COMMISSIONER.
   4. "PRELIMINARY SCHEDULE OF BENEFITS" MEANS THE  AGGREGATE  AMOUNT  OF
 THE  TAX  CREDIT  THAT  A  PARTICIPANT IN THE SEMICONDUCTOR RESEARCH AND
 DEVELOPMENT PROJECT PROGRAM MAY BE ELIGIBLE TO RECEIVE PURSUANT TO  THIS
 ARTICLE.  THE  SCHEDULE SHALL INDICATE THE ANNUAL AMOUNT OF THE CREDIT A
 PARTICIPANT MAY CLAIM IN EACH OF  ITS  TEN  YEARS  OF  ELIGIBILITY.  THE
 PRELIMINARY  SCHEDULE OF BENEFITS SHALL BE ISSUED BY THE DEPARTMENT WHEN
 THE DEPARTMENT APPROVES THE APPLICATION FOR ADMISSION INTO THE PROGRAM.
   5. "QUALIFIED INVESTMENT" MEANS AN  INVESTMENT  IN  TANGIBLE  PROPERTY
 (INCLUDING  A BUILDING OR A STRUCTURAL COMPONENT OF A BUILDING) OWNED BY
 A BUSINESS ENTERPRISE WHICH:
 S. 3009--C                         40                         A. 3009--C
 
   (A) IS DEPRECIABLE PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN OF  THE
 INTERNAL REVENUE CODE;
   (B) HAS A USEFUL LIFE OF FOUR YEARS OR MORE;
   (C)  IS  ACQUIRED BY PURCHASE AS DEFINED IN SECTION ONE HUNDRED SEVEN-
 TY-NINE (D) OF THE INTERNAL REVENUE CODE;
   (D) HAS A SITUS IN THIS STATE; AND
   (E) IS PLACED IN SERVICE IN THE STATE ON OR AFTER THE DATE THE CERTIF-
 ICATE OF ELIGIBILITY IS ISSUED TO THE BUSINESS ENTERPRISE.
   6. "SEMICONDUCTOR RESEARCH AND DEVELOPMENT PROJECT"  MEANS  A  PROJECT
 FOR  A PHYSICAL RESEARCH AND DEVELOPMENT FACILITY, DEEMED BY THE COMMIS-
 SIONER AS BEING PRIMARILY AIMED AT SUPPORTING RESEARCH  AND  DEVELOPMENT
 WITHIN THE SEMICONDUCTOR MANUFACTURING AND RELATED EQUIPMENT AND MATERI-
 AL  SUPPLIER  SECTOR.  SUCH  PROJECT  SHALL  INCUR  AT LEAST ONE HUNDRED
 MILLION DOLLARS IN QUALIFIED INVESTMENT IN NEW YORK STATE. SUCH  PROJECT
 MUST  LEAD TO THE ESTABLISHMENT AND OPERATION OF A RESEARCH AND DEVELOP-
 MENT FACILITY SEPARATE AND APART FROM NEW OR EXISTING  SEMICONDUCTOR  OR
 SEMICONDUCTOR SUPPLY CHAIN MANUFACTURING FACILITIES.
   § 359-D. ELIGIBILITY  CRITERIA. 1. TO BE A PARTICIPANT IN THE SEMICON-
 DUCTOR RESEARCH AND DEVELOPMENT PROJECT PROGRAM, A BUSINESS ENTITY SHALL
 OPERATE IN NEW YORK STATE AND BE UNDERTAKING  A  SEMICONDUCTOR  RESEARCH
 AND DEVELOPMENT PROJECT AS DEFINED IN SECTION THREE HUNDRED FIFTY-NINE-C
 OF THIS ARTICLE.
   2.  A BUSINESS ENTITY MUST BE IN COMPLIANCE WITH ALL WORKER PROTECTION
 AND ENVIRONMENTAL LAWS AND REGULATIONS. IN ADDITION, A  BUSINESS  ENTITY
 MAY  NOT  OWE  PAST  DUE  STATE TAXES OR LOCAL PROPERTY TAXES UNLESS THE
 BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLYING WITH AN APPROVED  BIND-
 ING PAYMENT AGREEMENT ENTERED INTO WITH THE TAXING AUTHORITY.
   § 359-E. APPLICATION  AND  APPROVAL  PROCESS. 1. A BUSINESS ENTERPRISE
 MUST SUBMIT A COMPLETED APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
   2. AS PART OF SUCH APPLICATION, EACH BUSINESS ENTERPRISE MUST:
   (A) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 BUSINESS ENTERPRISE'S TAX INFORMATION WITH THE DEPARTMENT. HOWEVER,  ANY
 INFORMATION  SHARED AS A RESULT OF THIS AGREEMENT SHALL NOT BE AVAILABLE
 FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (B) AGREE TO ALLOW THE DEPARTMENT  OF  LABOR  TO  SHARE  ITS  EMPLOYER
 INFORMATION  WITH  THE  DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A
 RESULT OF THIS AGREEMENT  SHALL  NOT  BE  AVAILABLE  FOR  DISCLOSURE  OR
 INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (C)  ALLOW  THE  DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE;
   (D) PROVIDE TO THE DEPARTMENT, UPON  REQUEST,  A  PLAN  OUTLINING  THE
 SCHEDULE  FOR MEETING THE INVESTMENT REQUIREMENTS AS SET FORTH IN SUBDI-
 VISION SIX OF SECTION THREE HUNDRED FIFTY-NINE-C OF THIS ARTICLE.   SUCH
 PLAN  MUST  INCLUDE  THE  AMOUNT  AND DESCRIPTION OF PROJECTED QUALIFIED
 INVESTMENTS FOR WHICH IT PLANS TO CLAIM THE SEMICONDUCTOR  RESEARCH  AND
 DEVELOPMENT TAX CREDIT;
   (E)  AGREE  TO ALLOW THE DEPARTMENT AND THE DEPARTMENT OF TAXATION AND
 FINANCE TO SHARE AND EXCHANGE INFORMATION CONTAINED IN OR  DERIVED  FROM
 THE  APPLICATIONS  FOR  ADMISSION  INTO  THE  SEMICONDUCTOR RESEARCH AND
 DEVELOPMENT PROJECT PROGRAM AND THE CREDIT CLAIM FORMS SUBMITTED TO  THE
 DEPARTMENT OF TAXATION AND FINANCE. HOWEVER, ANY INFORMATION SHARED AS A
 RESULT  OF  THIS  AGREEMENT  SHALL  NOT  BE  AVAILABLE FOR DISCLOSURE OR
 INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW.
   (F) CERTIFY, UNDER PENALTY OF  PERJURY,  THAT  IT  IS  IN  SUBSTANTIAL
 COMPLIANCE  WITH ALL ENVIRONMENTAL, WORKER PROTECTION, AND LOCAL, STATE,
 AND FEDERAL TAX LAWS.
 S. 3009--C                         41                         A. 3009--C
 
   3. AFTER REVIEWING A BUSINESS ENTERPRISE'S COMPLETED  APPLICATION  AND
 DETERMINING  THAT  THE  BUSINESS  ENTERPRISE WILL MEET THE CONDITION SET
 FORTH IN SUBDIVISION SIX OF SECTION THREE HUNDRED FIFTY-NINE-C  OF  THIS
 ARTICLE,  THE  DEPARTMENT  MAY  ADMIT THE APPLICANT INTO THE PROGRAM AND
 PROVIDE  THE  APPLICANT WITH A CERTIFICATE OF ELIGIBILITY AND A PRELIMI-
 NARY SCHEDULE OF BENEFITS BY YEAR BASED ON THE  APPLICANT'S  PROJECTIONS
 AS  SET  FORTH IN ITS APPLICATION. THIS PRELIMINARY SCHEDULE OF BENEFITS
 DELINEATES THE MAXIMUM POSSIBLE BENEFITS AN APPLICANT MAY RECEIVE.
   4. IN ORDER TO BECOME A PARTICIPANT IN THE PROGRAM, AN APPLICANT  MUST
 SUBMIT  EVIDENCE THAT IT SATISFIES THE ELIGIBILITY CRITERIA SPECIFIED IN
 SECTION THREE HUNDRED FIFTY-NINE-D OF THIS ARTICLE AND  SUBDIVISION  TWO
 OF  THIS  SECTION  IN SUCH FORM AS THE COMMISSIONER MAY PRESCRIBE. AFTER
 REVIEWING SUCH EVIDENCE AND FINDING IT SUFFICIENT, THE DEPARTMENT  SHALL
 CERTIFY  THE  APPLICANT AS A PARTICIPANT AND ISSUE TO THAT PARTICIPANT A
 CERTIFICATE OF TAX CREDIT FOR ONE TAXABLE YEAR. TO RECEIVE A CERTIFICATE
 OF TAX CREDIT FOR SUBSEQUENT TAXABLE YEARS, THE PARTICIPANT MUST  SUBMIT
 TO  THE  DEPARTMENT  A PERFORMANCE REPORT DEMONSTRATING THAT THE PARTIC-
 IPANT CONTINUES TO SATISFY THE ELIGIBILITY CRITERIA  SPECIFIED  IN  THIS
 ARTICLE.
   5.  A PARTICIPANT MAY CLAIM TAX BENEFITS COMMENCING IN THE FIRST TAXA-
 BLE YEAR THAT THE BUSINESS ENTERPRISE  RECEIVES  A  CERTIFICATE  OF  TAX
 CREDIT.  A PARTICIPANT MAY CLAIM SUCH BENEFITS FOR THE NEXT NINE CONSEC-
 UTIVE  TAXABLE  YEARS, PROVIDED THAT THE PARTICIPANT DEMONSTRATES TO THE
 DEPARTMENT THAT IT CONTINUES TO SATISFY THE ELIGIBILITY CRITERIA  SPECI-
 FIED  IN SECTION THREE HUNDRED FIFTY-NINE-D OF THIS ARTICLE AND SUBDIVI-
 SION TWO OF THIS SECTION IN EACH OF THOSE TAXABLE YEARS.
   § 359-F. POWERS AND DUTIES OF THE COMMISSIONER.  1.  THE  COMMISSIONER
 MAY  PROMULGATE  REGULATIONS  ESTABLISHING  AN  APPLICATION  PROCESS AND
 ELIGIBILITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE  PURPOSES
 OF  THIS  ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET
 FORTH IN SECTION THREE  HUNDRED  FIFTY-NINE-G  OF  THIS  ARTICLE  WHICH,
 NOTWITHSTANDING  ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRA-
 TIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.
   2. THE COMMISSIONER SHALL, IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
 TAXATION  AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE
 ISSUED BY THE COMMISSIONER TO PARTICIPANTS.  PARTICIPANTS  MUST  INCLUDE
 THE  CERTIFICATE  OF TAX CREDIT WITH THEIR TAX RETURN TO RECEIVE ANY TAX
 BENEFITS UNDER THIS ARTICLE.
   3. THE COMMISSIONER SHALL SOLELY  DETERMINE  THE  ELIGIBILITY  OF  ANY
 APPLICANT  APPLYING  FOR  ENTRY  INTO  THE  PROGRAM AND SHALL REMOVE ANY
 PARTICIPANT FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET FORTH IN SUBDIVISION SIX OF SECTION THREE  HUNDRED  FIFTY-NINE-C  OF
 THIS ARTICLE AND SECTION THREE HUNDRED FIFTY-NINE-D OF THIS ARTICLE.
   § 359-G. SEMICONDUCTOR  RESEARCH  AND  DEVELOPMENT  TAX  CREDIT.  1. A
 PARTICIPANT  IN  THE  SEMICONDUCTOR  RESEARCH  AND  DEVELOPMENT  PROJECT
 PROGRAM  SHALL BE ELIGIBLE TO CLAIM A CREDIT ON QUALIFIED INVESTMENTS IN
 SEMICONDUCTOR RESEARCH AND DEVELOPMENT PROJECTS IN NEW YORK  STATE.  THE
 AMOUNT  OF  SUCH CREDIT SHALL BE EQUAL TO FIFTEEN PERCENT OF THE COST OR
 OTHER BASIS FOR FEDERAL INCOME TAX PURPOSES OF THE QUALIFIED INVESTMENT.
   2. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON CERTIFICATES OF TAX CRED-
 IT ISSUED BY THE COMMISSIONER SHALL BE ALLOTTED FROM THE FUNDS AVAILABLE
 FOR GREEN CHIPS TAX  CREDITS  AS  PROVIDED  UNDER  SUBDIVISION  FOUR  OF
 SECTION THREE HUNDRED FIFTY-NINE OF THIS CHAPTER.
   §  359-H.  REPORTING.  THE  CORPORATION, BEGINNING FEBRUARY FIRST, TWO
 THOUSAND TWENTY-SEVEN, AND ANNUALLY THEREAFTER  PROVIDED  PROGRAM  FUNDS
 REMAIN,  SHALL  SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT
 S. 3009--C                         42                         A. 3009--C
 
 OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH ANNUAL REPORT SHALL
 INCLUDE, BUT NEED NOT BE LIMITED TO: THE NUMBER OF PARTICIPANTS APPROVED
 FOR THE PROGRAM; NAMES OF BUSINESS ENTITIES  ADMITTED  TO  THE  PROGRAM;
 REGIONAL   ECONOMIC  DEVELOPMENT  COUNCIL  REGION  WHEREIN  THE  PROJECT
 RESIDES; THE TOTAL AMOUNT OF BENEFITS APPROVED PER BUSINESS AND IN TOTAL
 FOR THE PROGRAM; TOTAL PRIVATE SECTOR  CO-INVESTMENT  PROVIDED  BY  EACH
 APPROVED  BUSINESS  AND  IN TOTAL FOR THE PROGRAM; TOTAL JOBS CREATED AT
 THE PROJECT LOCATION FOR ALL YEARS IN WHICH THE RECIPIENT  IS  RECEIVING
 BENEFITS  UNDER THE PROGRAM, INCLUDING THE MEDIAN WAGE PAID TO EMPLOYEES
 AT THE PROJECT LOCATION AND TYPES OF JOBS CREATED; AND SUCH OTHER INFOR-
 MATION AS THE COMMISSIONER  DETERMINES  IS  NECESSARY  AND  APPROPRIATE.
 ADDITIONALLY,  IN  ALL  YEARS IN WHICH THE PROGRAM IS FULLY OPERATIONAL,
 SUCH REPORT SHALL INCLUDE NOTEWORTHY PROJECTS WHICH SERVE  TO  HIGHLIGHT
 THE DEVELOPMENTS OCCURRING IN NEW YORK STATE AS A RESULT OF THE PROGRAM.
 SUCH  REPORT  SHALL  BE  INCLUDED  ON  THE CORPORATION'S WEBSITE AND ALL
 PROGRAM PARTICIPANTS SHALL ALSO BE INCLUDED IN THE DATABASE OF  ECONOMIC
 INCENTIVES  AS  DEFINED IN SECTION FIFTY-EIGHT OF SECTION ONE OF CHAPTER
 ONE HUNDRED SEVENTY-FOUR OF THE LAWS  OF  NINETEEN  HUNDRED  SIXTY-EIGHT
 CONSTITUTING THE URBAN DEVELOPMENT CORPORATION ACT.
   §  9. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 61 to read as follows:
   61. SEMICONDUCTOR RESEARCH AND DEVELOPMENT TAX CREDIT.  (A)  ALLOWANCE
 OF  CREDIT.  A  TAXPAYER  THAT  HAS BEEN APPROVED BY THE COMMISSIONER OF
 ECONOMIC DEVELOPMENT TO PARTICIPATE IN THE  SEMICONDUCTOR  RESEARCH  AND
 DEVELOPMENT  PROGRAM  AND  HAS  BEEN  ISSUED A CERTIFICATE OF TAX CREDIT
 PURSUANT TO SECTION THREE HUNDRED FIFTY-NINE-E OF THE ECONOMIC  DEVELOP-
 MENT  LAW  SHALL BE ALLOWED TO CLAIM A CREDIT AGAINST THE TAX IMPOSED BY
 THIS ARTICLE. THE CREDIT SHALL EQUAL UP TO FIFTEEN PERCENT OF  THE  COST
 OR  OTHER BASIS FOR FEDERAL INCOME TAX PURPOSES OF THE QUALIFIED INVEST-
 MENT AND SHALL BE ALLOWABLE IN EACH TAXABLE YEAR FOR WHICH  THE  COMMIS-
 SIONER  OF  ECONOMIC DEVELOPMENT HAS ISSUED A CERTIFICATE OF TAX CREDIT,
 FOR UP TO TEN CONSECUTIVE TAXABLE YEARS. IN NO EVENT SHALL A TAXPAYER BE
 ALLOWED A CREDIT GREATER THAN THE AMOUNT OF CREDIT LISTED ON THE CERTIF-
 ICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF ECONOMIC  DEVELOPMENT.
 NO  COST  OR  EXPENSE PAID OR INCURRED BY THE TAXPAYER THAT IS THE BASIS
 FOR THIS CREDIT SHALL BE THE BASIS FOR ANY OTHER TAX CREDIT PROVIDED  BY
 THIS CHAPTER.
   (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR ANY TAXABLE YEAR MAY NOT REDUCE THE TAX DUE FOR SUCH  YEAR  TO  LESS
 THAN  THE  AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CRED-
 IT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES  THE  TAX
 TO SUCH AMOUNT, OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED
 DOLLAR  MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN THAT
 TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED  OR
 REFUNDED  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION ONE THOUSAND
 EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   (C) REPORTING. THE TAXPAYER SHALL ATTACH TO ITS TAX RETURN ITS CERTIF-
 ICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF  ECONOMIC  DEVELOPMENT
 PURSUANT  TO SECTION THREE HUNDRED FIFTY-NINE-E OF THE ECONOMIC DEVELOP-
 MENT LAW. IN NO EVENT SHALL THE TAXPAYER BE  ALLOWED  A  CREDIT  GREATER
 THAN  THE  AMOUNT OF THE CREDIT LISTED ON THE CERTIFICATE OF TAX CREDIT,
 OR IN THE CASE OF A TAXPAYER WHO IS A PARTNER IN A PARTNERSHIP, A MEMBER
 OF A LIMITED LIABILITY COMPANY, OR SHAREHOLDER IN AN S CORPORATION,  ITS
 S. 3009--C                         43                         A. 3009--C
 
 PRO  RATA SHARE OF THE AMOUNT OF CREDIT LISTED ON THE CERTIFICATE OF TAX
 CREDIT.
   (D) CREDIT RECAPTURE. IF A CERTIFICATE OF ELIGIBILITY OR A CERTIFICATE
 OF  TAX  CREDIT  ISSUED  BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER
 ARTICLE SEVENTEEN-A OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED  BY  SUCH
 DEPARTMENT  BECAUSE  THE TAXPAYER DOES NOT MEET THE ELIGIBILITY REQUIRE-
 MENT SET FORTH IN SUBDIVISION SIX OF SECTION THREE HUNDRED  FIFTY-NINE-C
 OF  THE ECONOMIC DEVELOPMENT LAW, THE AMOUNT OF CREDIT DESCRIBED IN THIS
 SUBDIVISION AND CLAIMED BY THE TAXPAYER PRIOR TO THAT  REVOCATION  SHALL
 BE  ADDED  BACK  TO TAX IN THE TAXABLE YEAR IN WHICH ANY SUCH REVOCATION
 BECOMES FINAL.
   § 10. Section 606 of the tax law is amended by adding a new subsection
 (rrr) to read as follows:
   (RRR) SEMICONDUCTOR RESEARCH AND DEVELOPMENT TAX CREDIT. (1) ALLOWANCE
 OF CREDIT. A TAXPAYER THAT HAS BEEN  APPROVED  BY  THE  COMMISSIONER  OF
 ECONOMIC  DEVELOPMENT  TO  PARTICIPATE IN THE SEMICONDUCTOR RESEARCH AND
 DEVELOPMENT TAX CREDIT PROGRAM AND HAS BEEN ISSUED A CERTIFICATE OF  TAX
 CREDIT  PURSUANT  TO  SECTION THREE HUNDRED FIFTY-NINE-E OF THE ECONOMIC
 DEVELOPMENT LAW SHALL BE ALLOWED TO  CLAIM  A  CREDIT  AGAINST  THE  TAX
 IMPOSED BY THIS ARTICLE. THE CREDIT SHALL EQUAL UP TO FIFTEEN PERCENT OF
 THE COST OR OTHER BASIS FOR FEDERAL INCOME TAX PURPOSES OF THE QUALIFIED
 INVESTMENT  AND  SHALL  BE  ALLOWABLE IN EACH TAXABLE YEAR FOR WHICH THE
 COMMISSIONER OF ECONOMIC DEVELOPMENT HAS ISSUED  A  CERTIFICATE  OF  TAX
 CREDIT,  FOR  UP  TO  TEN CONSECUTIVE TAXABLE YEARS. IN NO EVENT SHALL A
 TAXPAYER BE ALLOWED A CREDIT GREATER  THAN  THE  AMOUNT  LISTED  ON  THE
 CERTIFICATE  OF TAX CREDIT ISSUED BY THE COMMISSIONER OF ECONOMIC DEVEL-
 OPMENT. IN THE CASE OF A TAXPAYER WHO IS A  PARTNER  IN  A  PARTNERSHIP,
 MEMBER  OF  A  LIMITED  LIABILITY  COMPANY OR SHAREHOLDER IN AN S CORPO-
 RATION, THE TAXPAYER SHALL BE ALLOWED ITS PRO RATA SHARE OF  THE  CREDIT
 EARNED  BY  THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR S CORPORATION.
 NO COST OR EXPENSE PAID OR INCURRED BY THE TAXPAYER THAT  IS  THE  BASIS
 FOR  THIS CREDIT SHALL BE THE BASIS FOR ANY OTHER TAX CREDIT PROVIDED BY
 THIS CHAPTER.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS  SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR THE
 TAXABLE YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
 CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  SIX
 HUNDRED  EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, NO INTEREST WILL
 BE PAID THEREON.
   (3) REPORTING. THE TAXPAYER SHALL ATTACH TO ITS TAX RETURN ITS CERTIF-
 ICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF  ECONOMIC  DEVELOPMENT
 PURSUANT  TO SECTION THREE HUNDRED FIFTY-NINE-E OF THE ECONOMIC DEVELOP-
 MENT LAW. IN NO EVENT SHALL THE TAXPAYER BE  ALLOWED  A  CREDIT  GREATER
 THAN  THE  AMOUNT OF THE CREDIT LISTED ON THE CERTIFICATE OF TAX CREDIT,
 OR IN THE CASE OF A TAXPAYER WHO IS A PARTNER IN A PARTNERSHIP, A MEMBER
 OF A LIMITED LIABILITY COMPANY, OR SHAREHOLDER IN AN S CORPORATION,  ITS
 PRO  RATA SHARE OF THE AMOUNT OF CREDIT LISTED ON THE CERTIFICATE OF TAX
 CREDIT.
   (4) CREDIT RECAPTURE. IF A CERTIFICATE OF ELIGIBILITY OR A CERTIFICATE
 OF TAX CREDIT ISSUED BY THE DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  UNDER
 ARTICLE  SEVENTEEN-A  OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH
 DEPARTMENT BECAUSE THE TAXPAYER DOES NOT MEET THE  ELIGIBILITY  REQUIRE-
 MENT  SET FORTH IN SUBDIVISION SIX OF SECTION THREE HUNDRED FIFTY-NINE-C
 OF ECONOMIC DEVELOPMENT LAW, THE AMOUNT  OF  CREDIT  DESCRIBED  IN  THIS
 SUBDIVISION  AND  CLAIMED BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL
 S. 3009--C                         44                         A. 3009--C
 
 BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH  ANY  SUCH  REVOCATION
 BECOMES FINAL.
   §  11. The economic development law is amended by adding a new article
 28 to read as follows:
                                ARTICLE 28
     SEMICONDUCTOR MANUFACTURING WORKFORCE TRAINING INCENTIVE PROGRAM
 SECTION 501. DEFINITIONS.
         502. ELIGIBILITY CRITERIA.
         503. APPLICATION AND APPROVAL PROCESS.
         504. POWERS AND DUTIES OF THE COMMISSIONER.
         505. RECORDKEEPING REQUIREMENTS.
         506. CAP ON TAX CREDIT.
         507. REPORTING.
   § 501. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "APPROVED PROVIDER" MEANS AN ENTITY APPROVED  BY  THE  COMMISSIONER
 THAT  MAY  PROVIDE  ELIGIBLE  TRAINING TO EMPLOYEES OF A BUSINESS ENTITY
 PARTICIPATING IN  THE  SEMICONDUCTOR  MANUFACTURING  WORKFORCE  TRAINING
 INCENTIVE PROGRAM. SUCH CRITERIA SHALL ENSURE THAT ANY APPROVED PROVIDER
 POSSESSES  ADEQUATE  CREDENTIALS TO PROVIDE THE TRAINING DESCRIBED IN AN
 APPLICATION BY A BUSINESS ENTITY TO THE COMMISSIONER TO  PARTICIPATE  IN
 THE SEMICONDUCTOR MANUFACTURING WORKFORCE TRAINING INCENTIVE PROGRAM.
   2.  "ELIGIBLE  TRAINING"  MEANS TRAINING PROVIDED TO AN EMPLOYEE HIRED
 WITHIN TWELVE MONTHS OF THE BUSINESS ENTITY APPLYING FOR THIS PROGRAM BY
 THE BUSINESS ENTITY OR AN APPROVED PROVIDER THAT IS:
   (A) TO UPGRADE, RETRAIN OR IMPROVE THE PRODUCTIVITY OF EMPLOYEES;
   (B) DETERMINED BY THE COMMISSIONER TO SATISFY A BUSINESS NEED  ON  THE
 PART OF A PARTICIPATING BUSINESS ENTITY;
   (C)  NOT  DESIGNED TO TRAIN OR UPGRADE SKILLS AS REQUIRED BY A FEDERAL
 OR STATE ENTITY; AND
   (D) STRUCTURED TO RESULT IN  MEASURABLE  ADVANCEMENTS  IN  SKILLS  AND
 COMPETENCIES  THAT  WILL CONTRIBUTE TO OPPORTUNITIES FOR ADVANCEMENT FOR
 EMPLOYEES WHO COMPLETE THE TRAINING.
   3. "MANUFACTURING BUSINESS" MEANS A BUSINESS THAT IS  ENGAGED  IN  THE
 PROCESS OF WORKING RAW MATERIALS INTO PRODUCTS SUITABLE FOR USE OR WHICH
 GIVES  NEW  SHAPES,  NEW QUALITY OR NEW COMBINATIONS TO MATTER WHICH HAS
 ALREADY GONE THROUGH SOME ARTIFICIAL PROCESS BY THE  USE  OF  MACHINERY,
 TOOLS,  APPLIANCES, OR OTHER SIMILAR EQUIPMENT. "MANUFACTURING" DOES NOT
 INCLUDE AN OPERATION THAT INVOLVES  ONLY  THE  ASSEMBLY  OF  COMPONENTS,
 PROVIDED,  HOWEVER,  THAT  THE  ASSEMBLY OF MOTOR VEHICLES OR OTHER HIGH
 VALUE-ADDED PRODUCTS SHALL BE CONSIDERED MANUFACTURING.
   4. "SEMICONDUCTOR MANUFACTURING BUSINESS" MEANS A BUSINESS  DEEMED  BY
 THE  COMMISSIONER  TO  MAKE  PRODUCTS  OR  DEVELOP TECHNOLOGIES THAT ARE
 PRIMARILY AIMED AT SUPPORTING THE GROWTH OF THE  SEMICONDUCTOR  MANUFAC-
 TURING  AND  RELATED  EQUIPMENT AND MATERIAL SUPPLIER SECTOR. THIS SHALL
 INCLUDE, BUT NEED NOT BE LIMITED TO, SEMICONDUCTOR DEVICE MANUFACTURING,
 PRODUCERS OF COMPONENT  PARTS,  DIRECT  INPUT  MATERIALS  AND  EQUIPMENT
 NECESSARY  FOR THE MANUFACTURE OF SEMICONDUCTOR CHIPS, MACHINERY, EQUIP-
 MENT, AND MATERIALS NECESSARY FOR THE OPERATIONAL EFFICIENCY OF SEMICON-
 DUCTOR MANUFACTURING FACILITIES, OTHER SUCH INPUTS  DIRECTLY  SUPPORTIVE
 OF THE DOMESTIC PRODUCTION OF SEMICONDUCTOR CHIPS, AND COMPANIES ENGAGED
 IN THE ASSEMBLY, TESTING, PACKAGING AND ADVANCED PACKAGING SEMICONDUCTOR
 VALUE  CHAIN.    THE  "SEMICONDUCTOR  AND  SUPPLY  CHAIN" TIER SHALL NOT
 INCLUDE A PROJECT PRIMARILY COMPOSED OF: (A)  MACHINERY,  EQUIPMENT,  OR
 MATERIALS THAT ARE INPUTS TO MANUFACTURING GENERALLY, BUT ARE NOT DIRECT
 INPUTS TO SEMICONDUCTOR MANUFACTURING IN SPECIFIC; OR (B) THE PRODUCTION
 S. 3009--C                         45                         A. 3009--C
 
 OF  PRODUCTS  OR  DEVELOPMENT  OF  TECHNOLOGIES  THAT WOULD PRODUCE ONLY
 MARGINAL AND INCREMENTAL BENEFITS  TO  THE  SEMICONDUCTOR  MANUFACTURING
 SECTOR.
   5.  "WRAP  AROUND  SERVICES"  MEANS  TRANSPORTATION,  CHILDCARE,  CASE
 MANAGEMENT AND OTHER SERVICES DESIGNED TO MAXIMIZE THE  ECONOMIC  IMPACT
 OF  WORKFORCE  DEVELOPMENT TRAINING FOR PARTICIPANTS, AND TO PROVIDE THE
 SUPPORT SERVICES NECESSARY TO ENSURE TRAINEES CAN ACCESS TRAINING.
   § 502. ELIGIBILITY CRITERIA. IN ORDER TO PARTICIPATE IN  THE  MANUFAC-
 TURING  WORKFORCE  TRAINING  INCENTIVE  PROGRAM,  A BUSINESS ENTITY MUST
 SATISFY THE FOLLOWING CRITERIA:
   1. THE BUSINESS ENTITY MUST OPERATE IN THE STATE  AS  A  SEMICONDUCTOR
 MANUFACTURING  BUSINESS  OR  A MANUFACTURING BUSINESS AS DEFINED IN THIS
 ARTICLE;
   2. THE BUSINESS ENTITY MUST DEMONSTRATE THAT IT IS CONDUCTING ELIGIBLE
 TRAINING OR OBTAINING ELIGIBLE TRAINING FROM AN APPROVED PROVIDER; AND
   3.  THE  BUSINESS  ENTITY  MUST  BE  IN  COMPLIANCE  WITH  ALL  WORKER
 PROTECTION  AND  ENVIRONMENTAL  LAWS  AND  REGULATIONS. IN ADDITION, THE
 BUSINESS ENTITY MAY NOT OWE PAST  DUE  STATE  TAXES  OR  LOCAL  PROPERTY
 TAXES.
   4.  THE  BUSINESS  ENTITY  MUST SUBMIT A REPORT UPON COMPLETION OF THE
 ELIGIBLE TRAINING THAT SPECIFIES THE TOTAL AMOUNT OF  ELIGIBLE  TRAINING
 COSTS  COVERED,  INCLUDING A BREAKDOWN BETWEEN TRAINING EXPENSES, WAGES,
 AND WRAPAROUND SERVICES; THE TOTAL NUMBER OF EMPLOYEES THAT BEGIN TRAIN-
 ING; THE TOTAL NUMBER OF EMPLOYEES THAT FINISH TRAINING; THE  SKILLS  OR
 TYPE  OF TRAINING PROVIDED, INCLUDING A LIST OF APPLICABLE TRANSFERRABLE
 CREDENTIALING OPPORTUNITIES THAT WERE PROVIDED AND INFORMATION ON WHETH-
 ER OR NOT THE PROGRAM IS A REGISTERED APPRENTICESHIP  PROGRAM;  INFORMA-
 TION  ON  ANY  FORMALIZED  AGREEMENTS  OR PARTNERSHIPS WITH COMMUNITY OR
 LABOR ORGANIZATIONS TO SUPPORT THE TRAINING PROGRAM;  THE  NAME  OF  THE
 TRAINING PROVIDER; AND WHETHER THE COVERED EMPLOYEE IS RETAINED ONE YEAR
 AFTER THE COMPLETION OF THE FUNDED TRAINING.
   §  503.  APPLICATION  AND  APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST
 SUBMIT A COMPLETED APPLICATION IN SUCH FORM AND WITH SUCH INFORMATION AS
 PRESCRIBED BY THE COMMISSIONER.
   2. AS PART OF SUCH APPLICATION, EACH BUSINESS ENTITY MUST:
   (A) PROVIDE SUCH DOCUMENTATION AS  THE  COMMISSIONER  MAY  REQUIRE  IN
 ORDER FOR THE COMMISSIONER TO DETERMINE THAT THE BUSINESS ENTITY INTENDS
 TO  CONDUCT  ELIGIBLE  TRAINING  OR  PROCURE  ELIGIBLE  TRAINING FOR ITS
 EMPLOYEES FROM AN APPROVED PROVIDER;
   (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE ITS
 TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED  AS
 A  RESULT  OF  THIS  AGREEMENT  SHALL NOT BE AVAILABLE FOR DISCLOSURE OR
 INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (C) AGREE TO ALLOW THE DEPARTMENT  OF  LABOR  TO  SHARE  ITS  TAX  AND
 EMPLOYER  INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY INFORMATION
 SHARED AS A RESULT OF THIS AGREEMENT SHALL NOT BE AVAILABLE FOR  DISCLO-
 SURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D)  ALLOW  THE  DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; AND
   (E) AGREE TO ALLOW THE DEPARTMENT AND THE DEPARTMENT OF  TAXATION  AND
 FINANCE  TO  SHARE AND EXCHANGE INFORMATION CONTAINED IN OR DERIVED FROM
 THE APPLICATIONS FOR  ADMISSION  INTO  THE  SEMICONDUCTOR  MANUFACTURING
 WORKFORCE  TRAINING INCENTIVE PROGRAM AND THE CREDIT CLAIM FORMS SUBMIT-
 TED TO THE DEPARTMENT OF TAXATION AND FINANCE. HOWEVER, ANY  INFORMATION
 SHARED  AS A RESULT OF THIS AGREEMENT SHALL NOT BE AVAILABLE FOR DISCLO-
 SURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW.
 S. 3009--C                         46                         A. 3009--C
 
   3. THE COMMISSIONER MAY APPROVE AN APPLICATION FROM A BUSINESS  ENTITY
 UPON  DETERMINING THAT SUCH BUSINESS ENTITY MEETS THE ELIGIBILITY CRITE-
 RIA ESTABLISHED IN SECTION FIVE HUNDRED TWO OF THIS  ARTICLE.  FOLLOWING
 APPROVAL  BY  THE COMMISSIONER OF AN APPLICATION BY A BUSINESS ENTITY TO
 PARTICIPATE IN THE SEMICONDUCTOR MANUFACTURING WORKFORCE TRAINING INCEN-
 TIVE  PROGRAM,  THE COMMISSIONER SHALL ISSUE A CERTIFICATE OF TAX CREDIT
 TO THE BUSINESS ENTITY UPON ITS DEMONSTRATING SUCCESSFUL  COMPLETION  OF
 SUCH  ELIGIBLE  TRAINING  TO  THE  SATISFACTION OF THE COMMISSIONER. FOR
 ELIGIBLE TRAINING AS DEFINED BY SUBDIVISION TWO OF SECTION FIVE  HUNDRED
 ONE  OF THIS ARTICLE THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO SEVENTY-
 FIVE PERCENT OF WAGES, SALARIES OR OTHER COMPENSATION,  TRAINING  COSTS,
 AND WRAP AROUND SERVICES, UP TO A CREDIT OF TWENTY-FIVE THOUSAND DOLLARS
 PER  EMPLOYEE RECEIVING ELIGIBLE TRAINING, UP TO ONE MILLION DOLLARS PER
 ELIGIBLE NON-SEMICONDUCTOR MANUFACTURING BUSINESS AND UP TO FIVE MILLION
 DOLLARS PER ELIGIBLE SEMICONDUCTOR MANUFACTURING BUSINESS. THE TAX CRED-
 ITS SHALL BE CLAIMED BY THE QUALIFIED EMPLOYER AS SPECIFIED IN  SUBDIVI-
 SION  SIXTY-TWO  OF  SECTION  TWO  HUNDRED TEN-B AND SUBSECTION (RRR) OF
 SECTION SIX HUNDRED SIX OF THE TAX LAW.
   § 504. POWERS AND DUTIES OF  THE  COMMISSIONER.  1.  THE  COMMISSIONER
 SHALL  PROMULGATE REGULATIONS CONSISTENT WITH THE PURPOSES OF THIS ARTI-
 CLE THAT, NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY  IN  THE  STATE
 ADMINISTRATIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS. SUCH
 REGULATIONS  SHALL  INCLUDE, BUT NOT BE LIMITED TO, ELIGIBILITY CRITERIA
 FOR BUSINESS ENTITIES DESIRING TO PARTICIPATE IN THE SEMICONDUCTOR MANU-
 FACTURING WORKFORCE  TRAINING  INCENTIVE  PROGRAM,  PROCEDURES  FOR  THE
 RECEIPT AND EVALUATION OF APPLICATIONS FROM BUSINESS ENTITIES TO PARTIC-
 IPATE  IN  THE  PROGRAM,  AND  SUCH OTHER PROVISIONS AS THE COMMISSIONER
 DEEMS TO BE APPROPRIATE IN ORDER TO IMPLEMENT  THE  PROVISIONS  OF  THIS
 ARTICLE.
   2.  THE  COMMISSIONER  SHALL,  IN  CONSULTATION WITH THE DEPARTMENT OF
 TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL  BE
 ISSUED  BY THE COMMISSIONER TO PARTICIPATING BUSINESS ENTITIES.  PARTIC-
 IPANTS MAY BE REQUIRED BY THE COMMISSIONER OF TAXATION  AND  FINANCE  TO
 INCLUDE  THE  CERTIFICATE OF TAX CREDIT WITH THEIR TAX RETURN TO RECEIVE
 ANY TAX BENEFITS UNDER THIS ARTICLE.
   3. THE COMMISSIONER SHALL SOLELY  DETERMINE  THE  ELIGIBILITY  OF  ANY
 APPLICANT  APPLYING  FOR  ENTRY  INTO  THE  PROGRAM AND SHALL REMOVE ANY
 PARTICIPANT FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET FORTH IN SECTION FIVE HUNDRED TWO OF THIS ARTICLE OR  FOR  MAKING  A
 MATERIAL  MISREPRESENTATION  WITH  RESPECT  TO  ITS PARTICIPATION IN THE
 PROGRAM.
   § 505. RECORDKEEPING REQUIREMENTS. EACH BUSINESS ENTITY  PARTICIPATING
 IN  THE  PROGRAM SHALL MAINTAIN ALL RELEVANT RECORDS FOR THE DURATION OF
 ITS PROGRAM PARTICIPATION PLUS THREE YEARS.
   § 506. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX  CREDITS  LISTED  ON
 CERTIFICATES  OF  TAX  CREDIT ISSUED BY THE COMMISSIONER FOR ANY TAXABLE
 YEAR MAY NOT EXCEED TWENTY MILLION DOLLARS, AND SHALL BE  ALLOTTED  FROM
 THE FUNDS AVAILABLE FOR TAX CREDITS UNDER THE EXCELSIOR JOBS PROGRAM ACT
 PURSUANT TO SECTION THREE HUNDRED FIFTY-NINE OF THIS CHAPTER.
   §  507. REPORTING. THE CORPORATION, BEGINNING OCTOBER FIRST, TWO THOU-
 SAND  TWENTY-SEVEN,  AND  ANNUALLY  THEREAFTER  PROVIDED  PROGRAM  FUNDS
 REMAIN,  SHALL  SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT
 OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH ANNUAL REPORT SHALL
 INCLUDE, BUT NEED NOT BE LIMITED TO: THE NUMBER OF BUSINESS PARTICIPANTS
 IN THE PROGRAM, THE TOTAL NUMBER OF WORKERS TRAINED UNDER THE PROGRAM IN
 TOTAL AND PER PARTICIPATING BUSINESS INCLUDING AN  ARTICULATION  OF  THE
 S. 3009--C                         47                         A. 3009--C
 NUMBER  OF WORKERS THAT BEGIN TRAINING, COMPLETE TRAINING, AND ARE STILL
 EMPLOYED WITH THE PARTICIPATING BUSINESS  ONE  YEAR  AFTER  TRAINING  IS
 COMPLETED,  THE  TOTAL  PROGRAM FUNDING LEVEL ALLOCATED IN TOTAL AND PER
 PARTICIPATING BUSINESS, THE REGIONAL ECONOMIC DEVELOPMENT COUNCIL REGION
 WHEREIN EACH PARTICIPATING BUSINESS RESIDES, A BREAKDOWN BETWEEN FUNDING
 ALLOCATED  TO TRAINING, WAGES, AND WRAPAROUND SERVICES, A SUMMARY OF THE
 SKILLS OR TYPE OF TRAINING PROVIDED PER PARTICIPATING BUSINESS, AND SUCH
 OTHER INFORMATION AS THE COMMISSIONER DETERMINES IS NECESSARY AND APPRO-
 PRIATE. ADDITIONALLY, IN ALL YEARS IN WHICH THE PROGRAM IS FULLY  OPERA-
 TIONAL,  SUCH  REPORT  SHALL  INCLUDE NOTEWORTHY PROJECTS WHICH SERVE TO
 HIGHLIGHT THE DEVELOPMENTS OCCURRING IN NEW YORK STATE AS  A  RESULT  OF
 THE  PROGRAM. SUCH REPORT SHALL BE INCLUDED ON THE CORPORATION'S WEBSITE
 AND ALL PROGRAM PARTICIPANTS SHALL ALSO BE INCLUDED IN THE  DATABASE  OF
 ECONOMIC  INCENTIVES AS DEFINED IN SECTION FIFTY-EIGHT OF SECTION ONE OF
 CHAPTER ONE HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED  SIXTY-
 EIGHT CONSTITUTING THE URBAN DEVELOPMENT CORPORATION ACT.
   § 12. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 62 to read as follows:
   62. SEMICONDUCTOR MANUFACTURING WORKFORCE TRAINING PROGRAM TAX CREDIT.
  (A)  ALLOWANCE  OF TAX CREDIT. A TAXPAYER THAT HAS BEEN APPROVED BY THE
 COMMISSIONER OF ECONOMIC DEVELOPMENT TO PARTICIPATE IN THE SEMICONDUCTOR
 MANUFACTURING WORKFORCE TRAINING PROGRAM AND HAS BEEN ISSUED  A  CERTIF-
 ICATE  OF  TAX  CREDIT  PURSUANT  TO  SECTION  FIVE HUNDRED THREE OF THE
 ECONOMIC DEVELOPMENT LAW SHALL BE ALLOWED TO CLAIM A CREDIT AGAINST  THE
 TAX IMPOSED BY THIS ARTICLE. THE CREDIT SHALL EQUAL SEVENTY-FIVE PERCENT
 OF  WAGES,  SALARIES  OR  OTHER  COMPENSATION,  TRAINING COSTS, AND WRAP
 AROUND SERVICES, UP TO A CREDIT  OF  TWENTY-FIVE  THOUSAND  DOLLARS  PER
 EMPLOYEE  RECEIVING  ELIGIBLE  TRAINING,  UP  TO ONE MILLION DOLLARS PER
 ELIGIBLE NON-SEMICONDUCTOR MANUFACTURING BUSINESS AND UP TO FIVE MILLION
 DOLLARS PER ELIGIBLE SEMICONDUCTOR MANUFACTURING  BUSINESS  PURSUANT  TO
 SUBDIVISION THREE OF SECTION FIVE HUNDRED THREE OF THE ECONOMIC DEVELOP-
 MENT  LAW. IN NO EVENT SHALL A TAXPAYER BE ALLOWED A CREDIT GREATER THAN
 THE AMOUNT OF CREDIT LISTED ON THE CERTIFICATE OF TAX CREDIT  ISSUED  BY
 THE COMMISSIONER OF ECONOMIC DEVELOPMENT. THE CREDIT SHALL BE ALLOWED IN
 THE TAXABLE YEAR IN WHICH THE ELIGIBLE TRAINING IS COMPLETED. NO COST OR
 OTHER  EXPENSE  PAID  OR  INCURRED BY THE TAXPAYER THAT IS THE BASIS FOR
 THIS CREDIT SHALL BE THE BASIS FOR ANY OTHER TAX CREDIT PROVIDED BY THIS
 CHAPTER.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  ANY  TAXABLE  YEAR MAY NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
 THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CRED-
 IT  ALLOWED  UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX
 TO SUCH AMOUNT, OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED
 DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN  THAT
 TAXABLE  YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
 REFUNDED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SECTION  ONE  THOUSAND
 EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   (C) REPORTING. THE TAXPAYER SHALL ATTACH TO ITS TAX RETURN ITS CERTIF-
 ICATE  OF  TAX CREDIT ISSUED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT
 PURSUANT TO SECTION FIVE HUNDRED THREE OF THE ECONOMIC DEVELOPMENT  LAW.
 IN  NO  EVENT  SHALL  THE  TAXPAYER BE ALLOWED A CREDIT GREATER THAN THE
 AMOUNT OF THE CREDIT LISTED ON THE CERTIFICATE OF TAX CREDIT, OR IN  THE
 CASE  OF  A  TAXPAYER  WHO  IS A PARTNER IN A PARTNERSHIP, A MEMBER OF A
 S. 3009--C                         48                         A. 3009--C
 
 LIMITED LIABILITY COMPANY, OR SHAREHOLDER IN AN S CORPORATION,  ITS  PRO
 RATA  SHARE  OF  THE  AMOUNT  OF CREDIT LISTED IN THE CERTIFICATE OF TAX
 CREDIT.
   (D) CREDIT RECAPTURE. IF A CERTIFICATE OF ELIGIBILITY OR A CERTIFICATE
 OF TAX CREDIT ISSUED BY THE DEPARTMENT OF THE ECONOMIC DEVELOPMENT UNDER
 ARTICLE  TWENTY-EIGHT OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH
 DEPARTMENT BECAUSE THE TAXPAYER DOES NOT MEET THE  ELIGIBILITY  REQUIRE-
 MENT SET FORTH IN SUBDIVISION THREE OF SECTION FIVE HUNDRED THREE OF THE
 ECONOMIC  DEVELOPMENT LAW, THE AMOUNT OF CREDIT DESCRIBED IN THIS SUBDI-
 VISION AND CLAIMED BY THE TAXPAYER PRIOR TO  THAT  REVOCATION  SHALL  BE
 ADDED  BACK  TO  TAX  IN  THE  TAXABLE YEAR IN WHICH ANY SUCH REVOCATION
 BECOMES FINAL.
   § 13. Section 606 of the tax law is amended by adding a new subsection
 (sss) to read as follows:
   (SSS) SEMICONDUCTOR WORKFORCE TRAINING PROGRAM TAX CREDIT. (1)  ALLOW-
 ANCE OF TAX CREDIT. A TAXPAYER THAT HAS BEEN APPROVED BY THE COMMISSION-
 ER OF ECONOMIC DEVELOPMENT TO PARTICIPATE IN THE SEMICONDUCTOR WORKFORCE
 TRAINING  PROGRAM AND HAS BEEN ISSUED A CERTIFICATE OF TAX CREDIT PURSU-
 ANT TO SECTION FIVE HUNDRED THREE OF THE ECONOMIC DEVELOPMENT LAW  SHALL
 BE  ALLOWED  TO  CLAIM A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE.
 THE CREDIT SHALL EQUAL SEVENTY-FIVE PERCENT OF WAGES, SALARIES OR  OTHER
 COMPENSATION,  TRAINING  COSTS, AND WRAP AROUND SERVICES, UP TO A CREDIT
 OF TWENTY-FIVE THOUSAND DOLLARS PER EMPLOYEE RECEIVING  ELIGIBLE  TRAIN-
 ING,  UP  TO ONE MILLION DOLLARS PER ELIGIBLE NON-SEMICONDUCTOR MANUFAC-
 TURING BUSINESS AND UP TO FIVE MILLION DOLLARS PER ELIGIBLE  SEMICONDUC-
 TOR MANUFACTURING BUSINESS PURSUANT TO SUBDIVISION THREE OF SECTION FIVE
 HUNDRED  THREE  OF  THE  ECONOMIC  DEVELOPMENT  LAW. IN NO EVENT SHALL A
 TAXPAYER BE ALLOWED A CREDIT GREATER  THAN  THE  AMOUNT  LISTED  ON  THE
 CERTIFICATE  OF TAX CREDIT ISSUED BY THE COMMISSIONER OF ECONOMIC DEVEL-
 OPMENT. IN THE CASE OF A TAXPAYER WHO IS A  PARTNER  IN  A  PARTNERSHIP,
 MEMBER  OF  A  LIMITED  LIABILITY  COMPANY OR SHAREHOLDER IN AN S CORPO-
 RATION, THE TAXPAYER SHALL BE ALLOWED ITS PRO RATA SHARE OF  THE  CREDIT
 EARNED  BY  THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR S CORPORATION.
 THE CREDIT SHALL BE ALLOWED IN THE TAXABLE YEAR IN  WHICH  THE  ELIGIBLE
 TRAINING  IS  COMPLETED.  NO  COST  OR  EXPENSE  PAID OR INCURRED BY THE
 TAXPAYER THAT IS THE BASIS FOR THIS CREDIT SHALL BE THE  BASIS  FOR  ANY
 OTHER TAX CREDIT PROVIDED BY THIS CHAPTER.
   (2)  APPLICATION  OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
 THIS SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR  THE
 TAXABLE YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
 CREDITED  OR  REFUNDED  IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
 HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, NO INTEREST  WILL
 BE PAID THEREON.
   (3) REPORTING. THE TAXPAYER SHALL ATTACH TO ITS TAX RETURN ITS CERTIF-
 ICATE  OF  TAX CREDIT ISSUED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT
 PURSUANT TO SECTION FIVE HUNDRED THREE OF THE ECONOMIC DEVELOPMENT  LAW.
 IN  NO  EVENT  SHALL  THE  TAXPAYER BE ALLOWED A CREDIT GREATER THAN THE
 AMOUNT OF THE CREDIT LISTED ON THE CERTIFICATE OF TAX CREDIT, OR IN  THE
 CASE  OF  A  TAXPAYER  WHO  IS A PARTNER IN A PARTNERSHIP, A MEMBER OF A
 LIMITED LIABILITY COMPANY, OR SHAREHOLDER IN AN S CORPORATION,  ITS  PRO
 RATA  SHARE  OF  THE  AMOUNT  OF CREDIT LISTED ON THE CERTIFICATE OF TAX
 CREDIT.
   (4) CREDIT RECAPTURE. IF A CERTIFICATE OF ELIGIBILITY OR A CERTIFICATE
 OF TAX CREDIT ISSUED BY THE DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  UNDER
 ARTICLE  TWENTY-EIGHT OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH
 DEPARTMENT BECAUSE THE TAXPAYER DOES NOT MEET THE  ELIGIBILITY  REQUIRE-
 S. 3009--C                         49                         A. 3009--C
 MENT SET FORTH IN SUBDIVISION THREE OF SECTION FIVE HUNDRED THREE OF THE
 ECONOMIC  DEVELOPMENT  LAW,  THE  AMOUNT  OF  CREDIT  DESCRIBED  IN THIS
 SUBSECTION AND CLAIMED BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE
 ADDED  BACK  TO  TAX  IN  THE  TAXABLE YEAR IN WHICH ANY SUCH REVOCATION
 BECOMES FINAL.
   § 14. This act shall take effect  immediately  and  apply  to  taxable
 years  beginning  on  or  after January 1, 2025; provided, however, that
 section five of this act shall take effect December 31, 2028.
 
                                 SUBPART B
 
   Section 1. Section 421 of the economic development law,  as  added  by
 section  1  of  part  E of chapter 56 of the laws of 2011, is amended to
 read as follows:
   § 421. Statement of legislative findings and declaration. It is hereby
 found and declared that New York state needs,  as  a  matter  of  public
 policy, to create competitive financial incentives to retain [strategic]
 businesses,  INCLUDING  SMALL  BUSINESSES  and  jobs that are at risk of
 leaving the state OR CLOSING OPERATIONS due to the impact on  its  busi-
 ness  operations  of an event leading to an emergency declaration by the
 governor. The empire state jobs retention program is created to  support
 the  retention  of  the  state's  [most strategic] businesses, INCLUDING
 SMALL BUSINESSES in the event of an emergency.
   This legislation creates a jobs tax credit for each job of a  [strate-
 gic]  business, INCLUDING A SMALL BUSINESS directly impacted by an emer-
 gency and protects state taxpayers' dollars by ensuring  that  New  York
 provides  tax  benefits only to businesses that can demonstrate substan-
 tial physical damage and economic harm resulting from an  event  leading
 to an emergency declaration by the governor.
   §  2. Section 422 of the economic development law, as added by section
 1 of part E of chapter 56 of the laws of 2011, is  amended  to  read  as
 follows:
   § 422. Definitions. For the purposes of this article:
   1.  ["Agriculture"  means both agricultural production (establishments
 performing the complete farm or ranch operation, such as farm  owner-op-
 erators,  tenant  farm  operators,  and  sharecroppers) and agricultural
 support (establishments that perform one or more  activities  associated
 with farm operation, such as soil preparation, planting, harvesting, and
 management, on a contract or fee basis).
   2. "Back office operations" means a business function that may include
 one  or  more of the following activities: customer service, information
 technology and data processing, human resources, accounting and  related
 administrative functions.
   3.]  "Certificate  of  eligibility"  means  the document issued by the
 department to an applicant that  has  completed  an  application  to  be
 admitted  into  the  empire  state  jobs  retention program and has been
 accepted into the program by the department. Possession of a certificate
 of eligibility does not by itself guarantee the eligibility to claim the
 tax credit.
   [4.] 2. "Certificate of tax credit" means the  document  issued  to  a
 participant  by  the  department, after the department has verified that
 the participant has met all  applicable  eligibility  criteria  in  this
 article.  The  certificate shall be issued annually if such criteria are
 satisfied and shall specify the exact amount of each  tax  credit  under
 this  article  that  a  participant  may claim, pursuant to section four
 S. 3009--C                         50                         A. 3009--C
 
 hundred twenty-five of this article, and shall specify the taxable  year
 in which such credit may be claimed.
   [5. "Distribution center" means a large scale facility involving proc-
 essing,  repackaging  and/or movement of finished or semi-finished goods
 to retail locations across a multi-state area.
   6. "Financial services data centers" or "financial  services  customer
 back  office  operations"  means  operations  that  manage  the  data or
 accounts of existing customers or provide product or service information
 and support to customers  of  financial  services  companies,  including
 banks,  other  lenders,  securities and commodities brokers and dealers,
 investment banks,  portfolio  managers,  trust  offices,  and  insurance
 companies.
   7.]  3. "Impacted jobs" means jobs [existing] at a business enterprise
 [at a location or locations within the county declared an  emergency  by
 the governor on the day immediately preceding the day on which the event
 leading  to the emergency declaration by the governor occurred] EXISTING
 THE DAY BEFORE AN EVENT LEADING  TO  AN  EMERGENCY  DECLARATION  BY  THE
 GOVERNOR  AT A LOCATION OR LOCATIONS WHICH DEMONSTRATE SUBSTANTIAL PHYS-
 ICAL DAMAGE AND ECONOMIC HARM CAUSED BY THE EVENT FOR WHICH THE EMERGEN-
 CY DECLARATION WAS MADE.
   [8. "Manufacturing" means the process of working  raw  materials  into
 products  suitable for use or which gives new shapes, new quality or new
 combinations to matter which has already gone  through  some  artificial
 process  by  the  use  of machinery, tools, appliances, or other similar
 equipment. "Manufacturing" does not include an operation  that  involves
 only  the  assembly  of  components,  provided, however, the assembly of
 motor vehicles or other high value-added products  shall  be  considered
 manufacturing.
   9.] 4. "Participant" means a business entity that:
   (a)  has  completed  an application prescribed by the department to be
 admitted into the program;
   (b) has been issued a certificate of eligibility by the department;
   (c) has demonstrated that it meets the eligibility criteria in section
 four hundred twenty-three and subdivision two of  section  four  hundred
 twenty-four of this article; and
   (d) has been certified as a participant by the commissioner.
   [10.]  5.  "Preliminary schedule of benefits" means the maximum aggre-
 gate amount of the tax credit that a participant  in  the  empire  state
 jobs  retention program is eligible to receive pursuant to this article.
 The schedule shall indicate the annual amount of the  credit  a  partic-
 ipant  may claim in [each of] its [ten years] SIX MONTHS of eligibility.
 The preliminary schedule of benefits shall be issued by  the  department
 when  the  department  approves  the  application for admission into the
 program. The commissioner may amend that  schedule,  provided  that  the
 commissioner  complies  with  the  credit  caps in section three hundred
 fifty-nine of this chapter.
   [11.] 6. "Related person" means a related person pursuant to  subpara-
 graph  (c)  of paragraph three of subsection (b) of section four hundred
 sixty-five of the internal revenue code.
   [12. "Scientific research and development" means  conducting  research
 and  experimental  development  in  the  physical, engineering, and life
 sciences, including but not limited to agriculture,  electronics,  envi-
 ronmental,  biology,  botany, biotechnology, computers, chemistry, food,
 fisheries, forests, geology, health, mathematics,  medicine,  oceanogra-
 phy,  pharmacy, physics, veterinary, and other allied subjects.  For the
 S. 3009--C                         51                         A. 3009--C
 purposes of this article, scientific research and development  does  not
 include medical or veterinary laboratory testing facilities.
   13.  "Software  development"  means  the  creation  of  coded computer
 instructions and includes new media as defined by  the  commissioner  in
 regulations.]
   7. "BUSINESS ENTITY" MEANS A FOR PROFIT BUSINESS DULY AUTHORIZED TO DO
 BUSINESS IN AND IN GOOD STANDING IN THE STATE OF NEW YORK.
   §  3. Section 423 of the economic development law, as added by section
 1 of part E of chapter 56 of the laws of 2011, is  amended  to  read  as
 follows:
   §  423.  Eligibility  criteria.  1. [To be a participant in the empire
 state jobs retention program, a business entity  shall  operate  in  New
 York state predominantly:
   (a)  as  a financial services data center or a financial services back
 office operation;
   (b) in manufacturing;
   (c) in software development and new media;
   (d) in scientific research and development;
   (e) in agriculture;
   (f) in the creation or expansion of  back  office  operations  in  the
 state; or
   (g) in a distribution center.
   2. When determining whether an applicant is operating predominantly in
 one  of  the  industries  listed in subdivision one of this section, the
 commissioner will examine the nature of the  business  activity  at  the
 location  for  the  proposed  project and will make eligibility determi-
 nations based on such activity.
   3.] For the purposes of this article, in order to participate  in  the
 empire state jobs retention program[, a business entity operating in one
 of  the  strategic  industries listed in subdivision one of this section
 (a) must be located in a county in which an emergency has been  declared
 by the governor] on or after [January] JUNE first, two thousand [eleven]
 TWENTY-FIVE,  [(b)] A BUSINESS ENTITY must demonstrate substantial phys-
 ical damage and economic harm AT A LOCATION OR LOCATIONS WITHIN AN  AREA
 FOR WHICH THE GOVERNOR HAS ISSUED AN EMERGENCY DECLARATION AND resulting
 from  the  event  leading to the emergency declaration by the governor[,
 and (c) must have had at least one hundred full-time equivalent jobs  in
 the  county  in  which an emergency has been declared by the governor on
 the day immediately preceding the day on which the event leading to  the
 emergency  declaration  by  the  governor  occurred,  and must retain or
 exceed that number of jobs in New York state.
   4. A not-for-profit business entity, a business entity  whose  primary
 function is the provision of services including personal services, busi-
 ness  services, or the provision of utilities, a business entity engaged
 predominantly in the retail or  entertainment  industry,  or  a  company
 engaged  in  the generation or distribution of electricity, the distrib-
 ution of natural gas, or the production of  steam  associated  with  the
 generation  of  electricity  are  not eligible to receive the tax credit
 described in this article]. AT THE TIME OF APPLICATION, A BUSINESS ENTI-
 TY SHALL SUBMIT TO THE DEPARTMENT A PLAN TO RETAIN, RESTORE OR  INCREASE
 STAFFING LEVELS WITHIN ONE YEAR FROM THE DATE OF APPLICATION TO AT LEAST
 THE  STAFFING  LEVELS THAT EXISTED AT THE SITE THE DAY PRIOR TO THE DATE
 OF THE APPLICABLE DECLARATION OF THE STATE OF EMERGENCY.  ANY  RECIPIENT
 THAT  DOES NOT ADHERE TO ITS JOBS RETENTION PLAN, SHALL HAVE ITS PROGRAM
 AWARD RESCINDED UNLESS THE RECIPIENT CAN DEMONSTRATE  ECONOMIC  HARDSHIP
 S. 3009--C                         52                         A. 3009--C
 
 TO THE COMMISSIONER, IN WHICH CASE ANY SUCH PROGRAM AWARD MAY BE REDUCED
 PROPORTIONALLY BY THE NUMBER OF EMPLOYEES NOT RESTORED OR RETAINED.
   [5.]  2.  A  business  entity  must  be  in compliance with all worker
 protection and environmental laws and regulations. In addition, a  busi-
 ness  entity  may  not owe past due state taxes. In addition, a business
 entity must not owe local property taxes for any year prior to the  year
 in  which  it  applies to participate in the empire state jobs retention
 program.
   § 4. Section 424 of the economic development law, as added by  section
 1  of  part  E  of chapter 56 of the laws of 2011, is amended to read as
 follows:
   § 424. Application and approval process. 1.  A  business  [enterprise]
 ENTITY  must submit a completed application as prescribed by the commis-
 sioner. Such completed application must be submitted to the commissioner
 within [(a)] one hundred eighty days of the declaration of an  emergency
 by  the  governor  in  the  county  in  which the business enterprise is
 located [or (b) one hundred eighty days of the enactment of  this  arti-
 cle,  if  such date is later than the date specified in paragraph (a) of
 this subdivision]; PROVIDED, HOWEVER, THAT THE  ELIGIBILITY  PERIOD  FOR
 THE  CREDIT  SHALL BEGIN UPON THE DATE OF DECLARATION OF AN EMERGENCY BY
 THE GOVERNOR COVERING  THE  COUNTY  IN  WHICH  THE  BUSINESS  ENTITY  IS
 LOCATED.
   2.  As  part  of  such  application, each business [enterprise] ENTITY
 must:
   (a) agree to allow the department of taxation and finance to share its
 tax information with the department. However, any information shared  as
 a  result  of  this  agreement  shall not be available for disclosure or
 inspection under the state freedom of information law.
   (b) agree to allow the department  of  labor  to  share  its  tax  and
 employer  information  with  the  department.  However,  any information
 shared as a result of this agreement shall not be available for  disclo-
 sure or inspection under the state freedom of information law.
   (c)  allow  the  department and its agents access to any and all books
 and records the department may require to monitor compliance.
   (d) agree to be permanently disqualified for empire zone tax  benefits
 at  any  location  or  locations  that  qualify  for  empire  state jobs
 retention program benefits  if  admitted  into  the  empire  state  jobs
 retention program.
   (e) provide the following information to the department upon request:
   (i)  a  plan  outlining  the  schedule  for meeting the jobs retention
 requirements as set forth in subdivision [three]  ONE  of  section  four
 hundred  twenty-three of this article. Such plan must include details on
 jobs titles and expected salaries;
   (ii) the prior three years of federal and state  income  or  franchise
 tax returns, unemployment insurance quarterly returns, real property tax
 bills and audited financial statements; and
   (iii)  the  employer identification or social security numbers for all
 related persons to the applicant, including those of any  members  of  a
 limited liability company or partners in a partnership.
   (f)  provide  a clear and detailed presentation of all related persons
 to the applicant to assure the department that jobs are not being shift-
 ed within the state.
   (g) certify, under penalty of  perjury,  that  it  is  in  substantial
 compliance  with all environmental, worker protection, and local, state,
 and federal tax laws.
 S. 3009--C                         53                         A. 3009--C
 
   3. After reviewing a business enterprise's completed  application  and
 determining  that  the  business enterprise will meet the conditions set
 forth in subdivision [three] ONE of section four hundred twenty-three of
 this article, the department may admit the applicant  into  the  program
 and  provide  the  applicant  with  a  certificate  of eligibility and a
 preliminary schedule of  benefits  by  year  based  on  the  applicant's
 projections  as  set forth in its application. This preliminary schedule
 of benefits delineates the maximum possible benefits  an  applicant  may
 receive.
   4.  In order to become a participant in the program, an applicant must
 submit evidence that it satisfies the eligibility criteria specified  in
 section four hundred twenty-three of this article and subdivision two of
 this  section  in  such  form  as  the commissioner may prescribe. After
 reviewing such evidence and finding it sufficient, the department  shall
 certify  the  applicant as a participant and issue to that participant a
 certificate of tax credit [for one taxable year. To  receive  a  certif-
 icate  of  tax credit for subsequent taxable years, the participant must
 submit to the department a performance  report  demonstrating  that  the
 participant  continues  to satisfy the eligibility criteria specified in
 section four hundred twenty-three of this article and subdivision two of
 this section].
   5. A participant may claim tax benefits commencing in the first  taxa-
 ble  year  that  the  business  enterprise receives a certificate of tax
 credit or the first taxable year listed on its preliminary  schedule  of
 benefits, whichever is later. [A participant may claim such benefits for
 the  next  nine consecutive taxable years, provided that the participant
 demonstrates to the department that it continues to satisfy  the  eligi-
 bility  criteria  specified in section four hundred twenty-three of this
 article and subdivision two of this section in  each  of  those  taxable
 years.]
   §  5. Section 425 of the economic development law, as added by section
 1 of part E of chapter 56 of the laws of 2011, is  amended  to  read  as
 follows:
   § 425. Empire state jobs retention program credit. 1. A participant in
 the  empire  state  jobs  retention program shall be eligible to claim a
 credit for the impacted jobs. [The] FOR A BUSINESS ENTITY THAT  EMPLOYES
 THREE  TO FORTY-NINE EMPLOYEES, THE amount of such credit shall be equal
 to the product of the gross wages paid for the impacted jobs and  [6.85]
 UP  TO  15  percent.  FOR  A  BUSINESS  ENTITY THAT EMPLOYS FIFTY TO ONE
 HUNDRED EMPLOYEES, THE AMOUNT OF SUCH CREDIT SHALL BE EQUAL TO THE PROD-
 UCT OF THE GROSS WAGES PAID FOR THE IMPACTED JOBS AND UP TO 7.5 PERCENT.
 FOR A BUSINESS ENTITY THAT EMPLOYS GREATER THAN ONE  HUNDRED  EMPLOYEES,
 THE  AMOUNT  OF  SUCH  CREDIT SHALL BE EQUAL TO THE PRODUCT OF THE GROSS
 WAGES PAID FOR THE IMPACTED JOBS AND UP TO  3.75  PERCENT.  AN  ELIGIBLE
 BUSINESS ENTITY MAY ONLY RECEIVE UP TO $500,000 IN TAX CREDITS PER EVENT
 TRIGGERING AN EMERGENCY DECLARATION BY THE GOVERNOR.
   2.  The  tax credit established in this section shall be refundable as
 provided in the tax law. If a participant fails to satisfy the eligibil-
 ity criteria [in any one year], it will lose the ability to claim credit
 [for that year]. The event of such failure shall not extend the original
 [ten-year] SIX-MONTH eligibility period.
   3. The business enterprise shall be allowed to  claim  the  credit  as
 prescribed  in  section thirty-six of the tax law[; provided, however, a
 business enterprise shall not be allowed to claim the  credit  prior  to
 tax year two thousand twelve].
 S. 3009--C                         54                         A. 3009--C
   4.  A  participant  may be eligible for benefits under this article as
 well as article seventeen of this chapter, provided the participant  can
 only  receive  benefits  pursuant  to  subdivision  two of section three
 hundred fifty-five of this chapter for costs in excess of  costs  recov-
 ered by insurance.
   §  6. Section 426 of the economic development law, as added by section
 1 of part E of chapter 56 of the laws of 2011, is  amended  to  read  as
 follows:
   §  426.  Powers  and  duties  of the commissioner. 1. The commissioner
 shall promulgate regulations establishing [an] THE TYPE  OF  application
 process  and  THE  eligibility criteria, that will be applied consistent
 with the purposes of this article, so as not to  exceed  THIRTY  MILLION
 DOLLARS  FROM  the  annual cap on tax credits set forth in section three
 hundred fifty-nine of this chapter which, notwithstanding any provisions
 to the contrary in  the  state  administrative  procedure  act,  may  be
 adopted  on  an emergency basis. Such regulations shall include, but not
 be limited to, criteria for determining whether a business entity demon-
 strates substantial physical damage and economic  harm  from  the  event
 leading to an emergency declaration by the governor.
   2.  The  commissioner  shall,  in  consultation with the department of
 taxation and finance, develop a certificate of tax credit that shall  be
 issued by the commissioner to participants. Participants may be required
 by  the  commissioner of taxation and finance to include the certificate
 of tax credit with their tax return to receive any  tax  benefits  under
 this article.
   3.  The  commissioner  shall  solely  determine the eligibility of any
 applicant applying for entry into  the  program  and  shall  remove  any
 participant from the program for failing to meet any of the requirements
 set forth in subdivision two of section four hundred twenty-four of this
 article, or for failing to meet the job retention requirements set forth
 in  [subdivision  three  of]  section  four hundred twenty-three of this
 article[, or for failing to meet the requirements of subdivision five of
 section four hundred twenty-three of this article].
   § 7. 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 and B of this act  shall  be
 as specifically set forth in the last section of such Subparts.
 
                                  PART I
 
   Section  1. Paragraphs 2 and 5 of subdivision (a) of section 24 of the
 tax law, paragraph 2 as amended by section 1 and paragraph 5 as  amended
 by  section  2  of part D of chapter 59 of the laws of 2023, are amended
 and a new paragraph 6 is added to read as follows:
   (2) The amount of the credit shall be the product (or pro  rata  share
 of  the  product,  in  the  case of a member of a partnership) of thirty
 percent and the qualified production  costs  paid  or  incurred  in  the
 S. 3009--C                         55                         A. 3009--C
 
 production  of  a  qualified  film,  provided  that:  (i)  the qualified
 production costs (excluding post  production  costs)  paid  or  incurred
 which  are  attributable to the use of tangible property or the perform-
 ance  of  services  at  a  qualified  film  production  facility  in the
 production of such qualified film equal or exceed  seventy-five  percent
 of  the  production  costs  (excluding  post  production  costs) paid or
 incurred which are attributable to the use of tangible property  or  the
 performance of services at any film production facility within and with-
 out  the  state  in  the  production  of such qualified film, [and] (ii)
 except with respect to a qualified independent film  production  company
 or pilot, at least ten percent of the total principal photography shoot-
 ing days spent in the production of such qualified film must be spent at
 a  qualified  film  production  facility, AND (III) QUALIFIED PRODUCTION
 COSTS THAT ARE ATTRIBUTABLE TO SCORING SHALL BE ELIGIBLE  FOR  AN  ADDI-
 TIONAL TEN PERCENT CREDIT ON SUCH SCORING COSTS WHEN INCURRED WITHIN THE
 STATE  AND  WHEN SUCH SCORING COSTS INCLUDE PAYMENT TO A MINIMUM OF FIVE
 MUSICIANS. However, if the qualified production  costs  (excluding  post
 production costs) which are attributable to the use of tangible property
 or  the  performance of services at a qualified film production facility
 in the production of such qualified film  is  less  than  three  million
 dollars, then the portion of the qualified production costs attributable
 to  the  use  of tangible property or the performance of services in the
 production of such qualified film outside of a qualified film production
 facility shall be allowed only if the shooting days spent  in  New  York
 outside  of  a film production facility in the production of such quali-
 fied film equal or exceed seventy-five percent  of  the  total  shooting
 days  spent  within  and  without  New York outside of a film production
 facility in the production of such qualified film. The credit  shall  be
 allowed  for  the taxable year in which the production of such qualified
 film is completed. However,  in  the  case  of  a  qualified  film  that
 receives funds from additional pool 2, no credit shall be claimed before
 the  later  of (1) the taxable year the production of the qualified film
 is complete, or (2) the taxable year that includes the last day  of  the
 allocation  year  for  which  the  film has been allocated credit by the
 department of economic development. If the amount of the  credit  is  at
 least one million dollars but less than five million dollars, the credit
 shall  be  claimed over a two year period beginning in the first taxable
 year in which the credit may be claimed and in the next succeeding taxa-
 ble year, with one-half of the amount of credit allowed being claimed in
 each year. If the amount of the credit is at least five million dollars,
 the credit shall be claimed over a three year period  beginning  in  the
 first  taxable  year  in which the credit may be claimed and in the next
 two succeeding taxable years, with one-third of the amount of the credit
 allowed being claimed in each year.  PROVIDED, HOWEVER, IN THE CASE OF A
 QUALIFIED FILM FOR WHICH THE CREDIT APPLICATION WAS RECEIVED ON OR AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, THE CREDIT SHALL BE CLAIMED  IN
 THE  TAXABLE  YEAR THAT INCLUDES THE LAST DAY OF THE ALLOCATION YEAR FOR
 WHICH THE FILM HAS BEEN ALLOCATED A CREDIT BY THE DEPARTMENT OF ECONOMIC
 DEVELOPMENT.
   (5) For the period two thousand fifteen through two thousand  [thirty-
 four]  THIRTY-SIX,  in  addition  to the amount of credit established in
 paragraph two of this subdivision, a taxpayer shall be allowed a  credit
 equal  to (i) the product (or pro rata share of the product, in the case
 of a member of a partnership) of ten percent and the wages, salaries  or
 other compensation constituting qualified production costs as defined in
 paragraph  two  of  subdivision (b) of this section, paid to individuals
 S. 3009--C                         56                         A. 3009--C
 
 directly employed by a qualified film production company or a  qualified
 independent  film  production  company  for  services performed by those
 individuals in one of  the  counties  specified  in  this  paragraph  in
 connection  with  a qualified film with a minimum budget of five hundred
 thousand dollars, and (ii) the product (or pro rata share of  the  prod-
 uct,  in  the  case of a member of a partnership) of ten percent and the
 qualified production costs (excluding wages, salaries or  other  compen-
 sation) paid or incurred in the production of a qualified film where the
 property  constituting such qualified production costs was used, and the
 services constituting such qualified production costs were performed  in
 any  of  the  counties  specified in this paragraph in connection with a
 qualified film with a minimum budget of five  hundred  thousand  dollars
 where  the  majority  of  principal  photography  shooting  days  in the
 production of such film were shot in any of the  counties  specified  in
 this  paragraph.  Provided,  however,  that the aggregate total eligible
 qualified production costs constituting wages, salaries or other compen-
 sation, for writers, directors,  composers,  producers,  and  performers
 shall  not  exceed forty percent of the aggregate sum total of all other
 qualified production costs. For purposes of  the  credit,  the  services
 must  be  performed  and the property must be used in one or more of the
 following counties: Albany, Allegany, Broome, Cattaraugus, Cayuga, Chau-
 tauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutch-
 ess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer,
 Jefferson, Lewis,  Livingston,  Madison,  Monroe,  Montgomery,  Niagara,
 Oneida,  Onondaga,  Ontario,  Orange,  Orleans,  Oswego, Otsego, Putnam,
 Rensselaer, Saratoga,  Schenectady,  Schoharie,  Schuyler,  Seneca,  St.
 Lawrence,  Steuben,  Sullivan, Tioga, Tompkins, Ulster, Warren, Washing-
 ton, Wayne, Wyoming, or Yates.
   (6)  PRODUCTION  PLUS  PROGRAM.  (I)  A  QUALIFIED  INDEPENDENT   FILM
 PRODUCTION  COMPANY OR A QUALIFIED FILM PRODUCTION COMPANY, OR A COMPANY
 THAT IS A MAJORITY OWNER OF ONE OR MORE QUALIFIED FILM PRODUCTION COMPA-
 NIES OR QUALIFIED INDEPENDENT FILM PRODUCTION COMPANIES,  MAY  APPLY  TO
 PARTICIPATE  IN  THE PRODUCTION PLUS PROGRAM AFTER IT, OR QUALIFIED FILM
 PRODUCTION COMPANIES OR QUALIFIED INDEPENDENT FILM PRODUCTION  COMPANIES
 OF  WHICH  IT  IS  THE MAJORITY OWNER, HAS SUBMITTED TWO OR MORE INITIAL
 APPLICATIONS TO THE EMPIRE STATE  FILM  PRODUCTION  TAX  CREDIT  PROGRAM
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE.
   (II) A QUALIFIED FILM PRODUCTION COMPANY OR QUALIFIED INDEPENDENT FILM
 PRODUCTION  COMPANY  THAT  HAS  BEEN  ACCEPTED  INTO THE PRODUCTION PLUS
 PROGRAM, OR IS MAJORITY-OWNED BY A COMPANY THAT HAS BEEN  ACCEPTED  INTO
 THE  PRODUCTION  PLUS  PROGRAM, MAY BE ELIGIBLE TO RECEIVE AN ADDITIONAL
 TAX CREDIT EQUAL TO  THE  PRODUCT  OF  TEN  PERCENT  AND  THE  QUALIFIED
 PRODUCTION  COSTS  IN  NEW YORK STATE IF PROGRAM ACCEPTANCE WAS BASED ON
 INITIAL APPLICATIONS, THE SUM OF WHICH  TOTALED  AT  LEAST  ONE  HUNDRED
 MILLION DOLLARS IN QUALIFIED PRODUCTION COSTS IN NEW YORK STATE.
   (III)  A  QUALIFIED  INDEPENDENT FILM PRODUCTION COMPANY THAT HAS BEEN
 ACCEPTED INTO THE PRODUCTION PLUS PROGRAM, OR  IS  MAJORITY-OWNED  BY  A
 COMPANY THAT HAS BEEN ACCEPTED INTO THE PRODUCTION PLUS PROGRAM, THAT IS
 ENGAGING  IN THE PRODUCTION OF A FEATURE LENGTH FILM, TELEVISION FILM OR
 TELEVISION SERIES AS DEFINED IN THE  REGULATIONS  PROMULGATED  FOR  THIS
 PROGRAM,  MAY  RECEIVE  AN ADDITIONAL TAX CREDIT EQUAL TO THE PRODUCT OF
 FIVE PERCENT AND THE QUALIFIED PRODUCTION COSTS INCURRED ON  ALL  SUBSE-
 QUENT  FILMS  OR  SERIES  APPLIED FOR IF PROGRAM ACCEPTANCE WAS BASED ON
 INITIAL APPLICATIONS THE SUM OF WHICH TOTALED AT  LEAST  TWENTY  MILLION
 DOLLARS IN QUALIFIED PRODUCTION COSTS IN NEW YORK STATE.
 S. 3009--C                         57                         A. 3009--C
 
   (IV)  INITIAL APPLICATIONS FOR FEATURE LENGTH FILMS AND NEW TELEVISION
 SERIES SUBMITTED AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY-EIGHT
 SHALL  NOT  BE  ELIGIBLE  FOR  THE  PROGRAM  PURSUANT TO THIS PARAGRAPH;
 PROVIDED, HOWEVER, A TELEVISION SERIES THAT ENTERS THE PROGRAM  PURSUANT
 TO  THIS  PARAGRAPH BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-NINE SHALL
 CONTINUE TO BE ELIGIBLE.
   § 2.  Paragraphs 2 and 7 of subdivision (b) of section 24 of  the  tax
 law,  paragraph 2 as amended by section 3 of part D of chapter 59 of the
 laws of 2023, paragraph 7 as added by section 9 of part Q of chapter  57
 of the laws of 2010, are amended to read as follows:
   (2)  "Production costs" means any costs for tangible property used and
 services performed directly and predominantly in the production (includ-
 ing  pre-production  and  post  production)   of   a   qualified   film.
 "Production  costs" shall not include [(i)] costs for a story, script or
 scenario to be used for a qualified film [and (ii) wages or salaries  or
 other  compensation  for  writers,  directors, composers, and performers
 (other than background actors with no  scripted  lines)  to  the  extent
 those  wages or salaries or other compensation exceed five hundred thou-
 sand dollars per individual]. "Production costs" generally  include  THE
 WAGES  OR SALARIES OR OTHER COMPENSATION FOR WRITERS, DIRECTORS, COMPOS-
 ERS AND PERFORMERS, technical and crew production costs, such as expend-
 itures for film production facilities, or any part thereof, props, make-
 up,  wardrobe,   film   processing,   camera,   sound   recording,   set
 construction,  lighting,  shooting, editing and meals, and shall include
 the wages, salaries or other compensation of no more than two  producers
 per  qualified  film[,  not  to exceed five hundred thousand dollars per
 producer, where only one of whom is the principal individual responsible
 for overseeing the creative and managerial process of production of  the
 qualified  film and only one of whom is the principal individual respon-
 sible for the day-to-day operational management  of  production  of  the
 qualified  film;  provided, however, that such producers are not compen-
 sated for any other position on the qualified film by a  qualified  film
 production  company  or  a qualified independent film production company
 for services performed].
   (7) "Qualified independent film production company" is a  corporation,
 partnership, limited partnership, or other entity or individual, that or
 who  (i)  is  principally  engaged in the production of a qualified film
 [with a maximum budget of fifteen million dollars], [and] (ii) [controls
 the qualified film during production] IS NOT PUBLICLY TRADED, and  (iii)
 [either is not a publicly traded entity, or no more than five percent of
 the beneficial ownership of which is owned, directly or indirectly, by a
 publicly traded entity]IS NOT MAJORITY OWNED, FIFTY-ONE PERCENT OR MORE,
 BY A COMPANY PUBLICLY TRADED ON A UNITED STATES STOCK EXCHANGE.
   §  3.  Paragraph 4 of subdivision (e) of section 24 of the tax law, as
 amended by section 2 of chapter 606 of the laws of 2023, is  amended  to
 read as follows:
   (4) Additional pool 2 - The aggregate amount of tax credits allowed in
 subdivision (a) of this section shall be increased by an additional four
 hundred twenty million dollars in each year starting in two thousand ten
 through  two  thousand twenty-three and seven hundred million dollars in
 each year starting in two  thousand  twenty-four  through  two  thousand
 [thirty-four] THIRTY-SIX, provided however, seven million dollars of the
 annual  allocation  shall  be  available  for the empire state film post
 production credit pursuant to section thirty-one of this article in  two
 thousand thirteen and two thousand fourteen, twenty-five million dollars
 of  the  annual  allocation shall be available for the empire state film
 S. 3009--C                         58                         A. 3009--C
 
 post production credit pursuant to section thirty-one of this article in
 each year starting in two thousand fifteen through two thousand  twenty-
 three,  and forty-five million dollars of the annual allocation shall be
 available  for  the empire state film post production credit pursuant to
 section thirty-one of this article in each year starting in two thousand
 twenty-four through  two  thousand  [thirty-four]  THIRTY-SIX.  Provided
 further,  five  million  dollars  of the annual allocation shall be made
 available for the television writers' and directors' fees  and  salaries
 credit  pursuant  to  section twenty-four-b of this article in each year
 starting in two thousand twenty through two thousand [thirty-four] THIR-
 TY-SIX. This amount shall be allocated by  the  department  of  economic
 development  among  taxpayers in accordance with subdivision (a) of this
 section. If the commissioner of economic development determines that the
 aggregate amount of tax credits available from additional pool 2 for the
 empire state film production tax credit have been previously  allocated,
 and  determines  that  the pending applications from eligible applicants
 for the empire state film post production tax credit pursuant to section
 thirty-one of this article is insufficient to  utilize  the  balance  of
 unallocated  empire  state  film  post  production tax credits from such
 pool, the remainder, after such  pending  applications  are  considered,
 shall  be  made  available  for  allocation in the empire state film tax
 credit pursuant to this  section,  subdivision  twenty  of  section  two
 hundred  ten-B  and  subsection  (gg) of section six hundred six of this
 chapter. Also, if the commissioner of  economic  development  determines
 that  the aggregate amount of tax credits available from additional pool
 2 for the empire state film post production tax credit have been  previ-
 ously  allocated,  and  determines  that  the  pending applications from
 eligible applicants for the empire  state  film  production  tax  credit
 pursuant to this section is insufficient to utilize the balance of unal-
 located  film production tax credits from such pool, then all or part of
 the remainder, after such pending applications are considered, shall  be
 made  available for allocation for the empire state film post production
 credit pursuant to this section, subdivision thirty-two of  section  two
 hundred  ten-B  and  subsection  (qq) of section six hundred six of this
 chapter. The department of economic development must notify taxpayers of
 their allocation year and include the allocation year on the certificate
 of tax credit. Taxpayers eligible to claim  a  credit  must  report  the
 allocation  year  directly  on their empire state film production credit
 tax form for each year a credit is claimed and include  a  copy  of  the
 certificate  with their tax return. In the case of a qualified film that
 receives funds from additional  pool  2  where  the  taxpayer  filed  an
 initial  application  before  April first, two thousand twenty-three AND
 BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE,  no  empire  state  film
 production  credit  shall be claimed before the later of (1) the taxable
 year the production of the qualified film is complete, or (2) the  taxa-
 ble  year  immediately  following the allocation year for which the film
 has been allocated credit by the department of economic development.  In
 the  case of a qualified film that receives funds from additional pool 2
 where the taxpayer filed an initial application on or after April first,
 two thousand twenty-three AND BEFORE JANUARY FIRST, TWO  THOUSAND  TWEN-
 TY-FIVE,  no empire state film production credit shall be claimed before
 the later of (1) the taxable year the production of the  qualified  film
 is  complete,  or (2) the taxable year that includes the last day of the
 allocation year for which the film has  been  allocated  credit  by  the
 department of economic development.  IN THE CASE OF A QUALIFIED FILM FOR
 WHICH  THE  TAXPAYER  FILED  AN  INITIAL APPLICATION ON OR AFTER JANUARY
 S. 3009--C                         59                         A. 3009--C
 
 FIRST, TWO THOUSAND TWENTY-FIVE, THE CREDIT  SHALL  BE  CLAIMED  IN  THE
 TAXABLE YEAR THAT INCLUDES THE LAST DAY OF THE ALLOCATION YEAR FOR WHICH
 THE PRODUCTION OF SUCH QUALIFIED FILM HAS BEEN ALLOCATED A CREDIT BY THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT.
   §  4.  Paragraph 4 of subdivision (e) of section 24 of the tax law, as
 amended by section 3 of chapter 606 of the laws of 2023, is  amended  to
 read as follows:
   (4) Additional pool 2 - The aggregate amount of tax credits allowed in
 subdivision (a) of this section shall be increased by an additional four
 hundred twenty million dollars in each year starting in two thousand ten
 through two thousand twenty-three and seven hundred million dollars each
 year  starting in two thousand twenty-four through two thousand [thirty-
 four] THIRTY-SIX, provided however, seven million dollars of the  annual
 allocation  shall be available for the empire state film post production
 credit pursuant to section thirty-one of this article  in  two  thousand
 thirteen  and  two thousand fourteen, twenty-five million dollars of the
 annual allocation shall be available for  the  empire  state  film  post
 production credit pursuant to section thirty-one of this article in each
 year starting in two thousand fifteen through two thousand twenty-three,
 and  forty-five million dollars of the annual allocation shall be avail-
 able for the empire  state  film  post  production  credit  pursuant  to
 section thirty-one of this article in each year starting in two thousand
 twenty-four  through  two thousand [thirty-four] THIRTY-SIX. This amount
 shall be allocated by  the  department  of  economic  development  among
 taxpayers  in  accordance  with  subdivision (a) of this section. If the
 commissioner of  economic  development  determines  that  the  aggregate
 amount  of  tax  credits available from additional pool 2 for the empire
 state film production tax credit have  been  previously  allocated,  and
 determines  that  the  pending applications from eligible applicants for
 the empire state film post production tax  credit  pursuant  to  section
 thirty-one  of  this  article  is insufficient to utilize the balance of
 unallocated empire state film post  production  tax  credits  from  such
 pool,  the  remainder,  after  such pending applications are considered,
 shall be made available for allocation in  the  empire  state  film  tax
 credit  pursuant  to  this  section,  subdivision  twenty of section two
 hundred ten-B and subsection (gg) of section six  hundred  six  of  this
 chapter.  Also,  if  the commissioner of economic development determines
 that the aggregate amount of tax credits available from additional  pool
 2  for the empire state film post production tax credit have been previ-
 ously allocated, and  determines  that  the  pending  applications  from
 eligible  applicants  for  the  empire  state film production tax credit
 pursuant to this section is insufficient to utilize the balance of unal-
 located film production tax credits from such pool, then all or part  of
 the  remainder, after such pending applications are considered, shall be
 made available for allocation for the empire state film post  production
 credit  pursuant  to this section, subdivision thirty-two of section two
 hundred ten-B and subsection (qq) of section six  hundred  six  of  this
 chapter. The department of economic development must notify taxpayers of
 their allocation year and include the allocation year on the certificate
 of  tax  credit.  Taxpayers  eligible  to claim a credit must report the
 allocation year directly on their empire state  film  production  credit
 tax  form  for  each  year a credit is claimed and include a copy of the
 certificate with their tax return. In the case of a qualified film  that
 receives  funds  from  additional  pool  2  where  the taxpayer filed an
 initial application before April first, two  thousand  twenty-three,  no
 empire state film production credit shall be claimed before the later of
 S. 3009--C                         60                         A. 3009--C
 
 (1)  the  taxable year the production of the qualified film is complete,
 or (2) the taxable year immediately following the  allocation  year  for
 which  the  film has been allocated credit by the department of economic
 development.  In  the  case of a qualified film that receives funds from
 additional pool 2 where the taxpayer filed an initial application on  or
 after  April  first, two thousand twenty-three AND BEFORE JANUARY FIRST,
 TWO THOUSAND TWENTY-FIVE, no empire state film production  credit  shall
 be  claimed  before  the later of (1) the taxable year the production of
 the qualified film is complete, or (2) the taxable  year  that  includes
 the  last  day  of the allocation year for which the film has been allo-
 cated credit by the department of economic development. PROVIDED, HOWEV-
 ER, IN THE CASE OF A QUALIFIED FILM FOR WHICH THE CREDIT APPLICATION WAS
 RECEIVED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, THE CREDIT
 SHALL BE CLAIMED IN THE TAXABLE YEAR THAT INCLUDES THE LAST DAY  OF  THE
 ALLOCATION  YEAR  FOR  WHICH THE FILM HAS BEEN ALLOCATED A CREDIT BY THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT.
   § 5. Section 24 of the tax law is amended by adding a new  subdivision
 (g) to read as follows:
   (G)  CREDIT  RECAPTURE.  IF  A CERTIFICATE OF TAX CREDIT ISSUED BY THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO THIS SECTION  IS  REVOKED
 BY  SUCH  DEPARTMENT  BECAUSE THE TAXPAYER DOES NOT MEET THE ELIGIBILITY
 REQUIREMENTS OF THIS SECTION, THE AMOUNT OF  CREDIT  DESCRIBED  IN  THIS
 SECTION  AND  CLAIMED  BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE
 ADDED BACK TO TAX IN THE TAXABLE  YEAR  IN  WHICH  ANY  SUCH  REVOCATION
 BECOMES FINAL.
   § 6. Paragraphs 3, 5 and 6 of subdivision (a) of section 31 of the tax
 law,  paragraph  3  as  amended by section 5 and paragraph 5 as added by
 section 5-a of part B of chapter 59 of the laws of 2013, and paragraph 6
 as amended by section 9 of part D of chapter 59 of the laws of 2023, are
 amended to read as follows:
   (3) (i) A taxpayer shall not be eligible for the credit established by
 this section for qualified post production costs,  excluding  the  costs
 for  visual  effects and animation, unless the qualified post production
 costs, excluding the costs for visual effects and animation, at a quali-
 fied post production facility meet or  exceed  ONE  MILLION  DOLLARS  OR
 seventy-five  percent  of the total post production costs, excluding the
 costs for visual effects and animation, paid or  incurred  in  the  post
 production of the qualified film at any post production facility, WHICH-
 EVER  IS  LESS.    (ii)  A taxpayer shall not be eligible for the credit
 established by this section for qualified post  production  costs  which
 are  costs  for  visual  effects  or animation unless the qualified post
 production costs for visual effects or animation  at  a  qualified  post
 production facility meet or exceed [three million] FIVE HUNDRED THOUSAND
 dollars  or  [twenty] TEN percent of the total post production costs for
 visual effects or animation paid or incurred in the post production of a
 qualified film at any post production facility, whichever is less. (iii)
 A taxpayer may claim  a  credit  for  qualified  post  production  costs
 excluding  the costs for visual effects and animation, and for qualified
 post production costs of visual effects and animation, provided that the
 criteria in subparagraphs (i) and (ii) of this paragraph are both satis-
 fied. The credit shall be allowed for the  taxable  year  in  which  the
 production of such qualified film is completed.
   (5)  If  the  amount of the credit is at least one million dollars but
 less than five million dollars, the credit shall be claimed over  a  two
 year  period beginning in the first taxable year in which the credit may
 be claimed and in the next succeeding taxable year, with one-half of the
 S. 3009--C                         61                         A. 3009--C
 
 amount of credit allowed being claimed in each year. If  the  amount  of
 the credit is at least five million dollars, the credit shall be claimed
 over  a  three  year period beginning in the first taxable year in which
 the  credit may be claimed and in the next two succeeding taxable years,
 with one-third of the amount of the credit allowed being claimed in each
 year.  PROVIDED, HOWEVER, IN THE CASE OF A QUALIFIED FILM FOR WHICH  THE
 TAXPAYER  FILED  AN  INITIAL  APPLICATION ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-FIVE, THE CREDIT SHALL BE CLAIMED FOR THE  TAXABLE  YEAR
 IN WHICH SUCH QUALIFIED FILM IS COMPLETED.
   (6)  For the period two thousand fifteen through two thousand [thirty-
 four] THIRTY-SIX, in addition to the amount  of  credit  established  in
 paragraph  two of this subdivision, a taxpayer shall be allowed a credit
 equal to the product (or pro rata share of the product, in the case of a
 member of a partnership) of ten percent and the amount of wages or sala-
 ries paid to individuals directly employed (excluding those employed  as
 writers,  directors,  composers,  producers  and  performers, other than
 background actors with no scripted  lines)  for  services  performed  by
 those  individuals in one of the counties specified in this paragraph in
 connection with the post production work on  a  qualified  film  with  a
 minimum  budget  of  five  hundred  thousand dollars at a qualified post
 production facility in one of the counties listed in this paragraph. For
 purposes of this additional credit, the services must  be  performed  in
 one  or more of the following counties: Albany, Allegany, Broome, Catta-
 raugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia,  Cort-
 land,  Delaware,  Dutchess,  Erie,  Essex,  Franklin,  Fulton,  Genesee,
 Greene,  Hamilton,  Herkimer,  Jefferson,  Lewis,  Livingston,  Madison,
 Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans,
 Oswego,  Otsego,  Putnam,  Rensselaer, Saratoga, Schenectady, Schoharie,
 Schuyler, Seneca, St.  Lawrence,  Steuben,  Sullivan,  Tioga,  Tompkins,
 Ulster, Warren, Washington, Wayne, Wyoming, or Yates.
   §  7.  Paragraph 2 of subdivision (b) of section 31 of the tax law, as
 added by section 12 of part Q of chapter 57 of  the  laws  of  2010,  is
 amended to read as follows:
   (2)  "[Post]  QUALIFIED production costs" means production of original
 content for a qualified film employing  traditional,  emerging  and  new
 workflow techniques used in post-production for picture, sound and music
 editorial,  rerecording  and  mixing,  visual  effects,  graphic design,
 original scoring, animation, and musical composition IN THE  STATE;  but
 shall not include the editing of previously produced content for a qual-
 ified film.
   §  8.  Section  31 of the tax law, as added by section 12 of part Q of
 chapter 57 of the laws of 2010, is amended by adding a  new  subdivision
 (f) to read as follows:
   (F)  CREDIT  RECAPTURE.  IF  A CERTIFICATE OF TAX CREDIT ISSUED BY THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO THIS SECTION  IS  REVOKED
 BY  SUCH  DEPARTMENT  BECAUSE THE TAXPAYER DOES NOT MEET THE ELIGIBILITY
 REQUIREMENTS OF THIS SECTION, THE AMOUNT OF  CREDIT  DESCRIBED  IN  THIS
 SECTION  AND  CLAIMED  BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE
 ADDED BACK TO TAX IN THE TAXABLE  YEAR  IN  WHICH  ANY  SUCH  REVOCATION
 BECOMES FINAL.
   §  9.  The  tax law is amended by adding a new section 24-d to read as
 follows:
   § 24-D. EMPIRE STATE  INDEPENDENT  FILM  PRODUCTION  CREDIT.  (A)  (1)
 ALLOWANCE  OF  CREDIT.  A TAXPAYER WHICH IS A QUALIFIED INDEPENDENT FILM
 PRODUCTION COMPANY, OR WHICH IS A SOLE PROPRIETOR OF OR A  MEMBER  OF  A
 PARTNERSHIP  WHICH  IS  A QUALIFIED INDEPENDENT FILM PRODUCTION COMPANY,
 S. 3009--C                         62                         A. 3009--C
 
 AND WHICH IS SUBJECT TO TAX UNDER ARTICLES NINE-A OR TWENTY-TWO OF  THIS
 CHAPTER,  SHALL  BE  ALLOWED  A CREDIT AGAINST SUCH TAX, PURSUANT TO THE
 PROVISIONS REFERENCED IN SUBDIVISION (C) OF THIS SECTION, TO BE COMPUTED
 AS HEREINAFTER PROVIDED.
   (2)  (I)  THE  AMOUNT  OF THE CREDIT SHALL BE THE PRODUCT (OR PRO RATA
 SHARE OF THE PRODUCT, IN THE CASE OF A MEMBER OF A PARTNERSHIP) OF THIR-
 TY PERCENT AND THE QUALIFIED PRODUCTION COSTS PAID OR  INCURRED  IN  THE
 PRODUCTION  OF  A QUALIFIED FILM, PROVIDED THAT THE QUALIFIED PRODUCTION
 COSTS (EXCLUDING POST PRODUCTION  COSTS)  PAID  OR  INCURRED  WHICH  ARE
 ATTRIBUTABLE  TO  THE  USE  OF  TANGIBLE  PROPERTY OR THE PERFORMANCE OF
 SERVICES AT A QUALIFIED FILM PRODUCTION FACILITY IN  THE  PRODUCTION  OF
 SUCH  QUALIFIED  FILM  EQUAL  OR  EXCEED  SEVENTY-FIVE  PERCENT  OF  THE
 PRODUCTION COSTS (EXCLUDING POST  PRODUCTION  COSTS)  PAID  OR  INCURRED
 WHICH  ARE  ATTRIBUTABLE TO THE USE OF TANGIBLE PROPERTY OR THE PERFORM-
 ANCE OF SERVICES AT ANY FILM PRODUCTION FACILITY WITHIN AND WITHOUT  THE
 STATE  IN  THE PRODUCTION OF SUCH QUALIFIED FILM. HOWEVER, IF THE QUALI-
 FIED PRODUCTION  COSTS  (EXCLUDING  POST  PRODUCTION  COSTS)  WHICH  ARE
 ATTRIBUTABLE  TO  THE  USE  OF  TANGIBLE  PROPERTY OR THE PERFORMANCE OF
 SERVICES AT A QUALIFIED FILM PRODUCTION FACILITY IN  THE  PRODUCTION  OF
 SUCH QUALIFIED FILM IS LESS THAN THREE MILLION DOLLARS, THEN THE PORTION
 OF  THE  QUALIFIED  PRODUCTION COSTS ATTRIBUTABLE TO THE USE OF TANGIBLE
 PROPERTY OR THE PERFORMANCE OF SERVICES IN THE PRODUCTION OF SUCH QUALI-
 FIED FILM OUTSIDE OF A  QUALIFIED  FILM  PRODUCTION  FACILITY  SHALL  BE
 ALLOWED  ONLY  IF  THE SHOOTING DAYS SPENT IN NEW YORK OUTSIDE OF A FILM
 PRODUCTION FACILITY IN THE PRODUCTION OF SUCH QUALIFIED  FILM  EQUAL  OR
 EXCEED  SEVENTY-FIVE PERCENT OF THE TOTAL SHOOTING DAYS SPENT WITHIN AND
 WITHOUT  THE  STATE  OUTSIDE  OF  A  FILM  PRODUCTION  FACILITY  IN  THE
 PRODUCTION  OF  SUCH QUALIFIED FILM. THE CREDIT SHALL BE ALLOWED FOR THE
 TAXABLE  YEAR  IN  WHICH  THE  PRODUCTION  OF  SUCH  QUALIFIED  FILM  IS
 COMPLETED. A TAXPAYER SHALL NOT BE ELIGIBLE FOR A TAX CREDIT ESTABLISHED
 BY  THIS SECTION FOR THE PRODUCTION OF MORE THAN TWO QUALIFIED FILMS PER
 CALENDAR YEAR.
   (II) IN ADDITION TO THE AMOUNT OF CREDIT ESTABLISHED  IN  SUBPARAGRAPH
 (I) OF THIS PARAGRAPH, A TAXPAYER SHALL BE ALLOWED A CREDIT EQUAL TO (A)
 THE  PRODUCT  (OR PRO RATA SHARE OF THE PRODUCT, IN THE CASE OF A MEMBER
 OF A PARTNERSHIP) OF TEN  PERCENT  AND  THE  WAGES,  SALARIES  OR  OTHER
 COMPENSATION CONSTITUTING QUALIFIED PRODUCTION COSTS AS DEFINED IN PARA-
 GRAPH  ONE  OF  SUBDIVISION  (B)  OF  THIS  SECTION, PAID TO INDIVIDUALS
 DIRECTLY EMPLOYED BY A QUALIFIED INDEPENDENT FILM PRODUCTION COMPANY FOR
 SERVICES PERFORMED BY THOSE INDIVIDUALS IN ONE OF THE COUNTIES SPECIFIED
 IN THIS SUBPARAGRAPH IN CONNECTION WITH  A  QUALIFIED  INDEPENDENT  FILM
 WITH  A  MINIMUM  BUDGET  OF  FIVE HUNDRED THOUSAND DOLLARS, AND (B) THE
 PRODUCT (OR PRO RATA SHARE OF THE PRODUCT, IN THE CASE OF A MEMBER OF  A
 PARTNERSHIP) OF TEN PERCENT AND THE QUALIFIED PRODUCTION  COSTS (EXCLUD-
 ING  WAGES,  SALARIES  OR  OTHER  COMPENSATION)  PAID OR INCURRED IN THE
 PRODUCTION OF A QUALIFIED FILM  WHERE  THE  PROPERTY  CONSTITUTING  SUCH
 QUALIFIED  PRODUCTION COSTS WAS USED, AND THE SERVICES CONSTITUTING SUCH
 QUALIFIED PRODUCTION COSTS WERE PERFORMED IN ANY OF THE COUNTIES  SPECI-
 FIED  IN  THIS  SUBPARAGRAPH  IN CONNECTION WITH A QUALIFIED FILM WITH A
 MINIMUM BUDGET OF FIVE HUNDRED THOUSAND DOLLARS WHERE  THE  MAJORITY  OF
 PRINCIPAL  PHOTOGRAPHY  SHOOTING DAYS  IN  THE  PRODUCTION  OF SUCH FILM
 WERE SHOT IN ANY OF THE COUNTIES  SPECIFIED IN THIS PARAGRAPH. PROVIDED,
 HOWEVER, THAT THE AGGREGATE TOTAL ELIGIBLE QUALIFIED PRODUCTION    COSTS
 CONSTITUTING    WAGES,    SALARIES   OR OTHER COMPENSATION, FOR WRITERS,
 DIRECTORS, COMPOSERS, PRODUCERS, AND PERFORMERS SHALL NOT  EXCEED  FORTY
 PERCENT  OF  THE  AGGREGATE  SUM TOTAL OF ALL OTHER QUALIFIED PRODUCTION
 S. 3009--C                         63                         A. 3009--C
 COSTS. FOR PURPOSES OF THE CREDIT, THE  SERVICES MUST BE  PERFORMED  AND
 THE  PROPERTY  MUST  BE  USED  IN ONE OR MORE OF THE FOLLOWING COUNTIES:
 ALBANY, ALLEGANY,  BROOME,  CATTARAUGUS,  CAYUGA,  CHAUTAUQUA,  CHEMUNG,
 CHENANGO,  CLINTON, COLUMBIA, CORTLAND, DELAWARE, DUTCHESS, ERIE, ESSEX,
 FRANKLIN, FULTON, GENESEE, GREENE, HAMILTON, HERKIMER, JEFFERSON, LEWIS,
 LIVINGSTON, MADISON,  MONROE,  MONTGOMERY,  NIAGARA,  ONEIDA,  ONONDAGA,
 ONTARIO,  ORANGE, ORLEANS, OSWEGO, OTSEGO, PUTNAM, RENSSELAER, SARATOGA,
 SCHENECTADY, SCHOHARIE, SCHUYLER, SENECA, ST. LAWRENCE, STEUBEN,  SULLI-
 VAN,  TIOGA,  TOMPKINS,  ULSTER,  WARREN, WASHINGTON, WAYNE, WYOMING, OR
 YATES AND (C) QUALIFIED PRODUCTION COSTS THAT ARE ATTRIBUTABLE TO  SCOR-
 ING SHALL BE ELIGIBLE FOR AN ADDITIONAL TEN PERCENT CREDIT ON SUCH SCOR-
 ING  COSTS  WHEN  INCURRED  WITHIN THE STATE AND WHEN SUCH SCORING COSTS
 INCLUDE PAYMENT TO A MINIMUM OF FIVE MUSICIANS.
   (3) NO QUALIFIED PRODUCTION COSTS USED BY A  TAXPAYER  EITHER  AS  THE
 BASIS FOR THE ALLOWANCE OF THE CREDIT PROVIDED FOR UNDER THIS SECTION OR
 USED  IN  THE  CALCULATION OF THE CREDIT PROVIDED FOR UNDER THIS SECTION
 SHALL BE USED BY SUCH TAXPAYER TO CLAIM ANY OTHER CREDIT ALLOWED  PURSU-
 ANT TO THIS CHAPTER.
   (4)  NOTWITHSTANDING  THE  FOREGOING PROVISIONS OF THIS SUBDIVISION, A
 QUALIFIED INDEPENDENT FILM PRODUCTION COMPANY THAT HAS APPLIED FOR CRED-
 IT UNDER THE PROVISIONS OF THIS SECTION, AGREES AS A CONDITION  FOR  THE
 GRANTING  OF  THE CREDIT: (I) TO INCLUDE IN EACH QUALIFIED FILM DISTRIB-
 UTED BY DVD, OR OTHER MEDIA FOR THE SECONDARY MARKET, A NEW YORK  PROMO-
 TIONAL  VIDEO  APPROVED  BY  THE GOVERNOR'S OFFICE OF MOTION PICTURE AND
 TELEVISION DEVELOPMENT OR TO INCLUDE IN THE END CREDITS OF  EACH  QUALI-
 FIED  FILM  "FILMED  WITH  THE  SUPPORT OF THE NEW YORK STATE GOVERNOR'S
 OFFICE OF MOTION PICTURE AND TELEVISION DEVELOPMENT" AND A LOGO PROVIDED
 BY THE GOVERNOR'S OFFICE OF MOTION PICTURE AND  TELEVISION  DEVELOPMENT,
 AND  (II) TO CERTIFY THAT IT WILL PURCHASE TAXABLE TANGIBLE PROPERTY AND
 SERVICES, DEFINED AS QUALIFIED PRODUCTION COSTS  PURSUANT  TO  PARAGRAPH
 ONE  OF  SUBDIVISION (B) OF THIS SECTION, ONLY FROM COMPANIES REGISTERED
 TO COLLECT AND REMIT STATE AND LOCAL SALES AND  USE  TAXES  PURSUANT  TO
 ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF THIS CHAPTER.
   (B)  DEFINITIONS.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1) "QUALIFIED PRODUCTION COSTS" MEANS PRODUCTION COSTS  ONLY  TO  THE
 EXTENT  SUCH  COSTS,  EXCLUDING LABOR COSTS, DO NOT EXCEED SIXTY MILLION
 DOLLARS AND ARE ATTRIBUTABLE TO THE USE  OF  TANGIBLE  PROPERTY  OR  THE
 PERFORMANCE  OF  SERVICES WITHIN THE STATE DIRECTLY AND PREDOMINANTLY IN
 THE PRODUCTION (INCLUDING PRE-PRODUCTION AND POST PRODUCTION) OF A QUAL-
 IFIED FILM. IN THE CASE OF AN ELIGIBLE RELOCATED TELEVISION SERIES,  THE
 TERM  "QUALIFIED  PRODUCTION  COSTS"  SHALL INCLUDE, IN THE FIRST SEASON
 THAT THE ELIGIBLE RELOCATED TELEVISION SERIES IS PRODUCED  IN  NEW  YORK
 AFTER  RELOCATION,  QUALIFIED RELOCATION COSTS.  PROVIDED, HOWEVER, THAT
 THE AGGREGATE TOTAL ELIGIBLE QUALIFIED PRODUCTION COSTS  FOR  PRODUCERS,
 WRITERS,  DIRECTORS,  PERFORMERS  (OTHER  THAN BACKGROUND ACTORS WITH NO
 SCRIPTED LINES), AND COMPOSERS SHALL NOT EXCEED  FORTY  PERCENT  OF  THE
 AGGREGATE SUM TOTAL OF ALL OTHER QUALIFIED PRODUCTION COSTS.
   (2)  "PRODUCTION COSTS" MEANS ANY COSTS FOR TANGIBLE PROPERTY USED AND
 SERVICES PERFORMED DIRECTLY AND PREDOMINANTLY IN THE PRODUCTION (INCLUD-
 ING  PRE-PRODUCTION  AND  POST  PRODUCTION)   OF   A   QUALIFIED   FILM.
 "PRODUCTION  COSTS"  SHALL  NOT  INCLUDE  COSTS  FOR  A STORY, SCRIPT OR
 SCENARIO TO BE USED FOR A QUALIFIED FILM. "PRODUCTION  COSTS"  GENERALLY
 INCLUDE WRITERS, DIRECTORS, COMPOSERS AND PERFORMERS, TECHNICAL AND CREW
 PRODUCTION  COSTS,  SUCH AS EXPENDITURES FOR FILM PRODUCTION FACILITIES,
 OR ANY PART THEREOF, PROPS, MAKEUP, WARDROBE, FILM  PROCESSING,  CAMERA,
 S. 3009--C                         64                         A. 3009--C
 
 SOUND  RECORDING, SCORING, SET CONSTRUCTION, LIGHTING, SHOOTING, EDITING
 AND MEALS.
   (3)  "QUALIFIED  FILM" MEANS A SCRIPTED NARRATIVE FEATURE-LENGTH FILM,
 TELEVISION FILM,  RELOCATED  TELEVISION  SERIES  OR  TELEVISION  SERIES,
 REGARDLESS OF THE MEDIUM BY MEANS OF WHICH THE FILM OR SERIES IS CREATED
 OR  CONVEYED.  FOR  THE  PURPOSES OF THE CREDIT PROVIDED BY THIS SECTION
 ONLY, A "QUALIFIED FILM" WHOSE MAJORITY OF PRINCIPAL PHOTOGRAPHY  SHOOT-
 ING  DAYS  IN THE PRODUCTION OF THE QUALIFIED FILM ARE SHOT IN WESTCHES-
 TER, ROCKLAND, NASSAU, OR SUFFOLK COUNTY OR ANY OF  THE  FIVE  NEW  YORK
 CITY  BOROUGHS  SHALL  HAVE  A  MINIMUM BUDGET OF ONE MILLION DOLLARS. A
 "QUALIFIED FILM", WHOSE MAJORITY OF PRINCIPAL PHOTOGRAPHY SHOOTING  DAYS
 IN  THE PRODUCTION OF THE QUALIFIED FILM ARE SHOT IN ANY OTHER COUNTY OF
 THE STATE THAN THOSE LISTED IN THE PRECEDING SENTENCE SHALL HAVE A MINI-
 MUM BUDGET OF TWO HUNDRED FIFTY THOUSAND DOLLARS. "QUALIFIED FILM" SHALL
 NOT INCLUDE: (I) A TELEVISION PILOT, DOCUMENTARY FILM, NEWS  OR  CURRENT
 AFFAIRS  PROGRAM,  INTERVIEW  OR  TALK PROGRAM, "HOW-TO" (I.E., INSTRUC-
 TIONAL) FILM OR PROGRAM, FILM OR PROGRAM CONSISTING PRIMARILY  OF  STOCK
 FOOTAGE,  SPORTING EVENT OR SPORTING PROGRAM, GAME SHOW, AWARD CEREMONY,
 FILM OR PROGRAM INTENDED PRIMARILY FOR INDUSTRIAL, CORPORATE OR INSTITU-
 TIONAL END-USERS, FUNDRAISING FILM  OR  PROGRAM,  DAYTIME  DRAMA  (I.E.,
 DAYTIME  "SOAP  OPERA"), COMMERCIALS, MUSIC VIDEOS OR "REALITY" PROGRAM;
 (II) A PRODUCTION FOR WHICH RECORDS ARE REQUIRED UNDER SECTION  2257  OF
 TITLE  18,  UNITED  STATES  CODE,  TO  BE MAINTAINED WITH RESPECT TO ANY
 PERFORMER IN SUCH PRODUCTION  (REPORTING  OF  BOOKS,  FILMS,  ETC.  WITH
 RESPECT  TO  SEXUALLY  EXPLICIT  CONDUCT);  OR (III) A TELEVISION SERIES
 COMMONLY KNOWN AS VARIETY  ENTERTAINMENT,  VARIETY  SKETCH  AND  VARIETY
 TALK,  I.E.,  A  PROGRAM  WITH COMPONENTS OF IMPROVISATIONAL OR SCRIPTED
 CONTENT (MONOLOGUES, SKETCHES, INTERVIEWS),  EITHER  EXCLUSIVELY  OR  IN
 COMBINATION  WITH  OTHER ENTERTAINMENT ELEMENTS SUCH AS MUSICAL PERFORM-
 ANCES, DANCING, COOKING, CRAFTS, PRANKS, STUNTS, AND GAMES AND WHICH MAY
 BE FURTHER DEFINED IN REGULATIONS OF THE COMMISSIONER OF ECONOMIC DEVEL-
 OPMENT.
   (4) "FILM PRODUCTION FACILITY" SHALL MEAN A BUILDING AND/OR COMPLEX OF
 BUILDINGS AND THEIR IMPROVEMENTS AND ASSOCIATED BACK-LOT  FACILITIES  IN
 WHICH  FILMS  ARE  OR  ARE  INTENDED  TO BE REGULARLY PRODUCED AND WHICH
 CONTAIN AT LEAST ONE SOUND STAGE,  PROVIDED,  HOWEVER,  THAT  AN  ARMORY
 OWNED  BY  THE STATE OR CITY OF NEW YORK LOCATED IN THE CITY OF NEW YORK
 SHALL NOT BE CONSIDERED TO BE A "FILM PRODUCTION FACILITY"  UNLESS  SUCH
 FACILITY IS USED BY A QUALIFIED INDEPENDENT FILM PRODUCTION COMPANY.
   (5)  "QUALIFIED FILM PRODUCTION FACILITY" SHALL MEAN A FILM PRODUCTION
 FACILITY IN THE STATE, WHICH CONTAINS AT LEAST ONE SOUND STAGE HAVING  A
 MINIMUM OF SEVEN THOUSAND SQUARE FEET OF CONTIGUOUS PRODUCTION SPACE.
   (6)  "QUALIFIED INDEPENDENT FILM PRODUCTION COMPANY" IS A CORPORATION,
 PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY OR INDIVIDUAL, THAT OR
 WHO (I) IS PRINCIPALLY ENGAGED IN THE PRODUCTION OF  A  QUALIFIED  FILM,
 (II)  IS NOT PUBLICLY TRADED, AND (III) IS NOT MAJORITY OWNED, FIFTY-ONE
 PERCENT OR MORE, BY A COMPANY PUBLICLY TRADED ON A UNITED  STATES  STOCK
 EXCHANGE.
   (7)  "RELOCATED TELEVISION SERIES" SHALL MEAN THE FIRST TWO YEARS OF A
 REGULARLY OCCURRING PRODUCTION INTENDED TO RUN IN ITS INITIAL BROADCAST,
 REGARDLESS OF THE MEDIUM OR MODE OF ITS DISTRIBUTION,  IN  A  SERIES  OF
 NARRATIVE  AND/OR  THEMATICALLY  RELATED  EPISODES,  EACH OF WHICH HAS A
 RUNNING TIME OF AT LEAST THIRTY MINUTES IN LENGTH (INCLUSIVE OF  COMMER-
 CIAL  ADVERTISEMENT  AND  INTERSTITIAL  PROGRAMMING,  IF ANY), WHICH HAD
 FILMED A MINIMUM OF SIX EPISODES OF THE TELEVISION  SERIES  OUTSIDE  THE
 STATE IMMEDIATELY PRIOR TO RELOCATING TO THE STATE, WHERE THE TELEVISION
 S. 3009--C                         65                         A. 3009--C
 
 SERIES  HAD  A  TOTAL MINIMUM BUDGET OF AT LEAST ONE MILLION DOLLARS PER
 EPISODE. FOR THE PURPOSES OF THIS DEFINITION ONLY, A  TELEVISION  SERIES
 PRODUCED  BY  AND  FOR  MEDIA  SERVICES PROVIDERS DESCRIBED AS STREAMING
 SERVICES  AND/OR  DIGITAL  PLATFORMS (AND EXCLUDING NETWORK/CABLE) SHALL
 MEAN A REGULARLY OCCURRING PRODUCTION INTENDED TO  RUN  IN  ITS  INITIAL
 RELEASE  IN  A SERIES OF NARRATIVE AND/OR THEMATICALLY RELATED EPISODES,
 THE AGGREGATE LENGTH OF WHICH IS AT LEAST SEVENTY-FIVE MINUTES, ALTHOUGH
 THE EPISODES THEMSELVES MAY VARY IN DURATION  FROM  THE  THIRTY  MINUTES
 SPECIFIED FOR NETWORK/CABLE PRODUCTION.
   (8)  "QUALIFIED  RELOCATION COSTS" MEANS THE COSTS INCURRED, EXCLUDING
 WAGES, SALARIES AND OTHER COMPENSATION, IN THE FIRST SEASON THAT A RELO-
 CATED TELEVISION SERIES RELOCATES TO  NEW  YORK,  INCLUDING  SUCH  COSTS
 INCURRED  TO  TRANSPORT  SETS,  PROPS AND WARDROBE TO NEW YORK AND OTHER
 COSTS AS DETERMINED BY THE DEPARTMENT OF  ECONOMIC  DEVELOPMENT  TO  THE
 EXTENT SUCH COSTS DO NOT EXCEED SIX MILLION DOLLARS.
   (9)  IF  THE  TOTAL  AMOUNT  OF  ALLOCATED  CREDITS APPLIED FOR IN ANY
 PARTICULAR YEAR IS LESS THAN THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED
 FOR SUCH YEAR UNDER THIS SECTION, ANY UNUSED PORTION MAY BE CARRIED OVER
 AND ADDED TO THE  AGGREGATE  AMOUNT  OF  CREDITS  ALLOWED  IN  THE  NEXT
 SUCCEEDING TAXABLE YEAR OR YEARS.
   (C)  CROSS-REFERENCES.  FOR  APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B: SUBDIVISION 20-A.
   (2) ARTICLE 22: SECTION 606: SUBSECTION (GG-1).
   (D) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, EMPLOYEES AND OFFI-
 CERS OF THE GOVERNOR'S OFFICE OF MOTION PICTURE AND TELEVISION  DEVELOP-
 MENT  AND  THE DEPARTMENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND
 EXCHANGE INFORMATION REGARDING THE  CREDITS  APPLIED  FOR,  ALLOWED,  OR
 CLAIMED  PURSUANT  TO  THIS  SECTION  AND TAXPAYERS WHO ARE APPLYING FOR
 CREDITS OR WHO ARE CLAIMING CREDITS, INCLUDING INFORMATION CONTAINED  IN
 OR  DERIVED  FROM  CREDIT  CLAIM  FORMS  SUBMITTED TO THE DEPARTMENT AND
 APPLICATIONS FOR CREDIT SUBMITTED TO THE  GOVERNOR'S  OFFICE  OF  MOTION
 PICTURE AND TELEVISION DEVELOPMENT.
   (E)  ALLOCATION OF CREDIT. THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED
 UNDER THIS SECTION, SUBDIVISION TWENTY-A OF SECTION TWO HUNDRED TEN  AND
 SUBSECTION  (GG-1)  OF  SECTION  SIX  HUNDRED SIX OF THIS CHAPTER IN ANY
 CALENDAR YEAR SHALL BE (1) TWENTY MILLION DOLLARS  FOR  QUALIFIED  FILMS
 WITH  A  BUDGET OF LESS THAN TEN MILLION DOLLARS OF QUALIFIED PRODUCTION
 COSTS; AND (2) EIGHTY MILLION DOLLARS FOR QUALIFIED FILMS WITH A  BUDGET
 OF  TEN  MILLION  DOLLARS  OR  MORE OF QUALIFIED PRODUCTION COSTS. THERE
 SHALL BE AT LEAST TWO APPLICATION  PERIODS  EACH  YEAR;  SUCH  AGGREGATE
 AMOUNT OF CREDITS SHALL BE ALLOCATED BY THE GOVERNOR'S OFFICE FOR MOTION
 PICTURE  AND TELEVISION DEVELOPMENT AMONG TAXPAYERS IN ORDER OF PRIORITY
 BASED UPON THE DATE OF FILING OF AN APPLICATION FOR  ALLOCATION  OF  THE
 INDEPENDENT FILM PRODUCTION CREDIT WITH SUCH OFFICE WITHIN EACH APPLICA-
 TION PERIOD. IF THE COMMISSIONER OF ECONOMIC DEVELOPMENT DETERMINES THAT
 THE  AGGREGATE AMOUNT OF TAX CREDITS AVAILABLE FOR AN APPLICATION PERIOD
 UNDER PARAGRAPH ONE OF THIS SUBDIVISION HAVE BEEN PREVIOUSLY  ALLOCATED,
 AND  DETERMINES  THAT  THE PENDING APPLICATIONS FROM ELIGIBLE APPLICANTS
 FOR THE OTHER APPLICATION PERIOD IN SUCH CALENDAR YEAR  IS  INSUFFICIENT
 TO  UTILIZE THE BALANCE OF UNALLOCATED TAX CREDITS FOR SUCH PERIOD, THEN
 SUCH COMMISSIONER MAY ALLOCATE TO PRODUCTIONS ELIGIBLE UNDER SUCH  PARA-
 GRAPH  ANY  CREDITS  THAT REMAIN UNALLOCATED FOR SUCH PERIOD PURSUANT TO
 PARAGRAPH TWO OF THIS SUBDIVISION. PROVIDED, HOWEVER, THE  TOTAL  AMOUNT
 OF  ALLOCATED  CREDITS APPLIED IN ANY CALENDAR YEAR SHALL NOT EXCEED THE
 S. 3009--C                         66                         A. 3009--C
 
 AGGREGATE AMOUNT OF  TAX  CREDITS  ALLOWED  FOR  SUCH  YEAR  UNDER  THIS
 SECTION.
   (F)  (1) THE COMMISSIONER OF ECONOMIC DEVELOPMENT SHALL REDUCE BY ONE-
 HALF OF ONE PERCENT THE AMOUNT OF CREDIT ALLOWED TO A TAXPAYER AND  THIS
 REDUCED  AMOUNT  SHALL BE REPORTED ON A CERTIFICATE OF TAX CREDIT ISSUED
 PURSUANT TO THIS SECTION AND THE REGULATIONS PROMULGATED BY THE  COMMIS-
 SIONER OF ECONOMIC DEVELOPMENT TO IMPLEMENT THIS CREDIT PROGRAM.
   (2) BY JANUARY THIRTY-FIRST OF EACH YEAR, THE COMMISSIONER OF ECONOMIC
 DEVELOPMENT  SHALL  REPORT  TO  THE COMPTROLLER THE TOTAL AMOUNT OF SUCH
 REDUCTIONS OF TAX CREDIT DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR.
 ON OR BEFORE MARCH THIRTY-FIRST OF  EACH  YEAR,  THE  COMPTROLLER  SHALL
 TRANSFER  WITHOUT  APPROPRIATIONS  FROM  THE  GENERAL FUND TO THE EMPIRE
 STATE ENTERTAINMENT DIVERSITY JOB TRAINING DEVELOPMENT FUND  ESTABLISHED
 UNDER  SECTION  NINETY-SEVEN-FF OF THE STATE FINANCE LAW AN AMOUNT EQUAL
 TO THE TOTAL AMOUNT OF SUCH REDUCTIONS REPORTED BY THE  COMMISSIONER  OF
 ECONOMIC DEVELOPMENT FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR.
   (G)  CREDIT  RECAPTURE.  IF  A CERTIFICATE OF TAX CREDIT ISSUED BY THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO THIS SECTION  IS  REVOKED
 BY  SUCH  DEPARTMENT  BECAUSE THE TAXPAYER DOES NOT MEET THE ELIGIBILITY
 REQUIREMENTS OF THIS SECTION, THE AMOUNT OF  CREDIT  DESCRIBED  IN  THIS
 SECTION  AND  CLAIMED  BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE
 ADDED BACK TO TAX IN THE TAXABLE  YEAR  IN  WHICH  ANY  SUCH  REVOCATION
 BECOMES FINAL.
   § 10. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 20-a to read as follows:
   20-A.  EMPIRE  STATE INDEPENDENT FILM PRODUCTION CREDIT. (A) ALLOWANCE
 OF CREDIT. A TAXPAYER WHO IS ELIGIBLE PURSUANT TO SECTION  TWENTY-FOUR-D
 OF  THIS CHAPTER SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN
 SUCH SECTION TWENTY-FOUR-D AGAINST THE TAX IMPOSED BY THIS ARTICLE.
   (B) APPLICATION OF CREDIT. 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. PROVIDED,
 HOWEVER, THAT IF THE AMOUNT OF THE 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,
 THE  EXCESS  SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
 REFUNDED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SECTION  ONE  THOUSAND
 EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   § 11. Section 606 of the tax law is amended by adding a new subsection
 (gg-1) to read as follows:
   (GG-1)  EMPIRE STATE INDEPENDENT FILM PRODUCTION CREDIT. (1) ALLOWANCE
 OF CREDIT. A TAXPAYER WHO IS ELIGIBLE PURSUANT TO SECTION  TWENTY-FOUR-D
 OF  THIS CHAPTER SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN
 SUCH SECTION TWENTY-FOUR-D AGAINST THE TAX IMPOSED BY THIS ARTICLE.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER
 THIS SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED OR REFUNDED AS PROVIDED IN SECTION SIX  HUNDRED  EIGHTY-SIX  OF  THIS
 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   § 12. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of  the  tax  law  is  amended  by  adding a new clause (lii) to read as
 follows:
 (LII) EMPIRE STATE FILM              AMOUNT OF CREDIT FOR QUALIFIED
 S. 3009--C                         67                         A. 3009--C
 
 PRODUCTION CREDIT UNDER              PRODUCTION COSTS IN PRODUCTION OF
 SUBSECTION (GG-1)                    A QUALIFIED FILM UNDER
                                      SUBDIVISION TWENTY-A OF
                                      SECTION TWO HUNDRED TEN-B
   §  13.  This  act  shall  take  effect  immediately and shall apply to
 initial applications received on or after  January  1,  2025,  provided,
 however,  that  the  amendments  to  paragraph  4  of subdivision (e) of
 section 24 of the tax law made by section three of this act  shall  take
 effect  on  the same date and in the same manner as section 6 of chapter
 683 of the laws of 2019, takes effect.
 
                                  PART J
 
   Section 1. Subdivisions 1, 2, 3, 4, 7, 9, 10 and 13 of section 492  of
 the economic development law, as added by section 2 of part AAA of chap-
 ter 56 of the laws of 2024, are amended to read as follows:
   1.  "Average  full-time  employment"  shall mean the average number of
 full-time positions employed by [a] AN ELIGIBLE business [entity] in  an
 eligible industry during a given period.
   2.  "Average starting full-time employment" shall be calculated as the
 average number of full-time positions employed by [a] AN ELIGIBLE  busi-
 ness  [entity]  in  an eligible industry during a timeframe to be deter-
 mined by the department of economic development.
   3. "Average ending full-time employment" shall be  calculated  as  the
 average  number of full-time positions employed by [a] AN ELIGIBLE busi-
 ness [entity] in an eligible industry during a timeframe  to  be  deter-
 mined by the department of economic development.
   4.  "Certificate  of  tax  credit" means the document issued to [a] AN
 ELIGIBLE business [entity] by the department after  the  department  has
 verified  that  the  ELIGIBLE  business  [entity] has met all applicable
 eligibility criteria in this article. The certificate shall specify  the
 exact  amount  of the tax credit under this article that [a] AN ELIGIBLE
 business [entity] may claim, pursuant to section  four  hundred  ninety-
 five and section four hundred ninety-six of this article.
   7.  "Eligible  business"  shall  mean a print media or broadcast media
 business operating within an eligible industry, which also carries media
 liability insurance. FOR THE PURPOSES OF THIS  SUBDIVISION,  EACH  PRINT
 MEDIA  PUBLICATION  SERVING  A  SEPARATE  MARKET,  AS  DETERMINED BY THE
 DEPARTMENT, SHALL BE TREATED AS A SEPARATE PRINT MEDIA BUSINESS.
   9. "Eligible industry" means [a] AN ELIGIBLE business [entity] operat-
 ing predominantly in the newspaper publishing sector  or  the  broadcast
 media sector, as determined by the department.
   10.  "Net  employee  increase" means an increase of at least one full-
 time employee between the average starting full-time employment and  the
 average  ending  full-time employment of [a] AN ELIGIBLE business [enti-
 ty], as defined by the department.
   13. "Independently owned" shall mean a business entity that  is  not[:
 (a)]  a publicly traded entity or no more than five percent of the bene-
 ficial ownership of which is owned, directly or indirectly by a publicly
 traded entity[; (b) a subsidiary; and (c) any other  criteria  that  the
 department shall determine via regulations to ensure the business is not
 controlled by another business entity].
   §  2. Subdivision 3 of section 494 of the economic development law, as
 added by section 2 of part AAA of chapter 56 of the  laws  of  2024,  is
 amended to read as follows:
 S. 3009--C                         68                         A. 3009--C
 
   3. After reviewing a business entity's completed final application and
 determining  that  the business entity meets the eligibility criteria as
 set forth in this article, the department may issue  [to  that  business
 entity]  a  certificate  of tax credit. [A business entity may claim the
 tax credit.]
   §  3.  Subdivisions 1, 2 and 3 of section 495 of the economic develop-
 ment law, as added by section 2 of part AAA of chapter 56 of the laws of
 2024, are amended to read as follows:
   1. A business  entity  that  meets  the  eligibility  requirements  of
 section  four  hundred ninety-three of this article, and meets any addi-
 tional eligibility criteria as articulated  in  regulations  established
 pursuant  to this section, and demonstrates a net employee increase, may
 be [eligible to claim] ISSUED a CERTIFICATE OF TAX credit equal to  five
 thousand  dollars per each full-time net employee increase as defined in
 section four hundred ninety-two of  this  article.  A  business  entity,
 including  a  partnership,  limited  liability  company and subchapter S
 corporation, may not receive in excess of twenty thousand dollars in tax
 credits FOR EACH PRINT MEDIA BUSINESS OR BROADCAST MEDIA BUSINESS  under
 this program.
   2.  A  business  entity  that  meets  the  eligibility requirements of
 section four hundred ninety-three of this article, and meets  any  addi-
 tional  eligibility  criteria  as articulated in regulations established
 pursuant to this section, may be [eligible to claim]  ISSUED  a  CERTIF-
 ICATE  OF TAX credit equal to fifty percent of annual wages of an eligi-
 ble employee. The calculation of such a credit shall only be applied  to
 up to fifty thousand dollars in wages paid annually per eligible employ-
 ee. A business entity, including a partnership, limited liability compa-
 ny  and  subchapter  S  corporation,  may not receive in excess of three
 hundred thousand dollars in tax credits FOR EACH PRINT MEDIA BUSINESS OR
 BROADCAST MEDIA BUSINESS under this program.
   3. The total amount of tax credits listed on certificates of tax cred-
 it issued by the commissioner pursuant to this article  may  not  exceed
 thirty  million  dollars  for  each year the credit is available. Within
 this amount, the newspaper and broadcast media new job  creation  compo-
 nent  of the credit may not exceed four million dollars per year and the
 newspaper and broadcast media existing jobs component of the credit  may
 not  exceed  twenty-six  million  dollars per year. Fifty percent of the
 newspaper and broadcast media existing jobs component  credits  will  be
 set-aside  for  eligible [business entities] BUSINESSES with one hundred
 or fewer employees. Fifty percent of the newspaper and  broadcast  media
 existing jobs component credits will be set-aside for eligible [business
 entities]  BUSINESSES with over one hundred employees. In both instances
 the cap will be three hundred thousand dollars under this program.
   § 4. Subdivisions (a), (b) and (c) of section 49 of the  tax  law,  as
 added  by  section  3 of part AAA of chapter 56 of the laws of 2024, are
 amended to read as follows:
   (a) Allowance of credit. A  taxpayer  subject  to  tax  under  article
 nine-A  or  twenty-two of this chapter shall be allowed a credit against
 such tax, pursuant to the provisions referenced in  subdivision  (e)  of
 this section. The amount of the credit is equal to the amount determined
 pursuant  to  article  twenty-seven  of the economic development law AND
 SHALL BE BASED ON THE CERTIFICATES OF  TAX  CREDIT  ISSUED  TO  ELIGIBLE
 BUSINESSES  OWNED  BY THE TAXPAYER OR BY AN ENTITY OF WHICH THE TAXPAYER
 IS A PARTNER OR SHAREHOLDER. A taxpayer that is a partner in a  partner-
 ship, member of a limited liability company or shareholder in a subchap-
 ter  S  corporation  shall  be  allowed its pro-rata share of the credit
 S. 3009--C                         69                         A. 3009--C
 
 allowed for the partnership, limited liability company or  subchapter  S
 corporation.  No  cost  or  expense paid or incurred that is included as
 part of the calculation of this credit shall be the basis of  any  other
 tax credit allowed under this chapter.
   (b)  Eligibility.  To be eligible to claim the newspaper and broadcast
 media jobs tax credit the ELIGIBLE BUSINESSES OWNED BY THE  taxpayer  OR
 BY  AN  ENTITY  OF  WHICH THE TAXPAYER IS A PARTNER OR SHAREHOLDER shall
 have been issued a certificate  of  tax  credit  by  the  department  of
 economic  development  pursuant  to article twenty-seven of the economic
 development law, which certificate OR CERTIFICATES shall set  forth  the
 amount  of  the  credit  that  may  be claimed for the taxable year. The
 taxpayer shall be allowed to claim only the amount OR AMOUNTS listed  on
 the  certificate  OR CERTIFICATES of tax credit ISSUED TO ELIGIBLE BUSI-
 NESSES OWNED BY THE TAXPAYER OR BY AN ENTITY OF WHICH THE TAXPAYER IS  A
 PARTNER OR SHAREHOLDER for that taxable year.
   (c)  Tax  return requirement. The taxpayer shall be required to attach
 to its tax return, in the form prescribed by the commissioner, proof  of
 receipt  of  its certificate OR CERTIFICATES of tax credit issued by the
 commissioner of the department of economic development.
   § 5. This act shall take effect immediately and apply to taxable years
 beginning on or after January 1, 2025.
 
                                  PART K
 
   Section 1. Subdivisions (b) and (c) of section 45 of the tax  law,  as
 added  by  section  1  of part OO of chapter 59 of the laws of 2022, are
 amended to read as follows:
   (b) Allocation of credit. The aggregate amount of tax credits  allowed
 under  this section, subdivision fifty-five of section two hundred ten-B
 and subsection (nnn) of section six hundred six of this chapter  in  any
 taxable  year  shall be five million dollars. Such credit shall be allo-
 cated by the department of economic development  in  order  of  priority
 based  upon  the date of filing an application for allocation of digital
 gaming media production credit with such office. If the total amount  of
 allocated  credits applied for in any particular year exceeds the aggre-
 gate amount of tax credits allowed for such  year  under  this  section,
 such excess shall be treated as having been applied for on the first day
 of  the  subsequent  taxable  year.  PROVIDED, HOWEVER, THAT FOR TAXABLE
 YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, IF
 THE TOTAL AMOUNT OF ALLOCATED CREDITS APPLIED FOR IN ANY PARTICULAR YEAR
 IS LESS THAN THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED FOR  SUCH  YEAR
 UNDER  THIS SECTION, ANY UNUSED PORTION MAY BE CARRIED OVER AND ADDED TO
 THE AGGREGATE AMOUNT OF CREDITS ALLOWED IN THE NEXT  SUCCEEDING  TAXABLE
 YEAR OR YEARS.
   (c) Definitions. As used in this section:
   (1)  "Qualified digital gaming media production" means: (i) a website,
 the digital media production costs of which are paid or incurred  predo-
 minately  in  connection  with  (A)  video  simulation, animation, text,
 audio, graphics or similar gaming related property embodied  in  digital
 format,  and  (B)  interactive  features of digital gaming (e.g., links,
 message boards, communities or  content  manipulation);  (ii)  video  or
 interactive games produced primarily for distribution over the internet,
 wireless  network or successors thereto; and (iii) animation, simulation
 or embedded  graphics  digital  gaming  related  software  intended  for
 commercial  distribution  regardless  of medium; provided, however, that
 the qualified digital game development media  productions  described  in
 S. 3009--C                         70                         A. 3009--C
 
 subparagraphs  (i)  through  (iii)  of  this paragraph must have digital
 media production costs equal to or in  excess  of  [one  hundred]  FIFTY
 thousand  dollars  per  production.  A  qualified  digital  gaming media
 production  does not include a website, video, interactive game or soft-
 ware that is used predominately  for:  electronic  commerce  (retail  or
 wholesale  purposes  other  than  the  sale of video interactive games),
 gambling (including activities regulated by a New York  gaming  agency),
 or political advocacy purposes.
   (2)  "Digital gaming media production costs" means any costs for wages
 or salaries paid to individuals, other than actors or writers,  directly
 employed  for  services  performed  by  those  individuals  directly and
 predominantly in the creation of a digital gaming  media  production  or
 productions. Up to [one] TWO hundred thousand dollars in wages and sala-
 ries  paid  to  such  employees, other than actors and writers, directly
 employed shall be used in the calculation of this credit. Digital gaming
 media production costs include but shall not be limited to payments  for
 services   performed  directly  and  predominantly  in  the  development
 (including concept AND PROTOTYPE creation), design (INCLUDING  NARRATIVE
 DIRECTION  AND  SOUND  DESIGN), production (including [concept creation]
 TESTING AND ENCODING), [design, production (including testing),  editing
 (including  encoding)]  EDITING  (INCLUDING  BUG FIXING) and compositing
 (including the integration of  digital  files  for  interaction  by  end
 users)  of  digital  gaming media. Digital gaming media production costs
 shall not include expenses incurred  for  the  distribution,  marketing,
 promotion,  or  advertising  content generated by end users, other costs
 not directly [and predominantly] related to the creation, production  or
 modification  of digital gaming media or costs used by the taxpayer as a
 basis of the calculation of any other  tax  credit  allowed  under  this
 chapter.  In  addition,  [salaries  or  other income distribution] WAGES
 related to the creation of digital  gaming  media  for  any  person  who
 PREDOMINANTLY serves IN A CORPORATE CAPACITY in the role of chief execu-
 tive  officer,  chief financial officer, president, treasurer or similar
 CORPORATE position  shall  not  be  included  as  digital  gaming  media
 production  costs if the digital gaming media production entity has more
 [then] THAN ten employees. [Salaries or other income] WAGES  PAID  to  a
 person  serving  in  such a role for the digital gaming media production
 entity shall also not be included  if  the  person  was  employed  by  a
 related  person  of  the  digital  gaming media production entity within
 sixty months of the date the  digital  gaming  media  production  entity
 applied  for  the tax credit certificate described in subdivision (d) of
 this section. For purposes of the preceding sentence, a  related  person
 shall have the same meaning as the term "related person" in section four
 hundred sixty-five of the internal revenue code. Furthermore, any income
 or  other  distribution to any individual including, but not limited to,
 licensing or royalty fees, who holds an ownership interest in a  digital
 gaming  media production entity, whether or not such individual is serv-
 ing in the role of chief executive  officer,  chief  financial  officer,
 president,  treasurer  or similar position for such an entity, shall not
 be included as digital gaming media production costs. Up to [four]  FIVE
 million  dollars  in qualified digital gaming media production costs per
 production shall be used in the  calculation  of  this  credit.  Digital
 gaming  media production costs shall not include those costs used by the
 taxpayer or another taxpayer as the basis calculation of any  other  tax
 credit allowed under this chapter.
   (3)  "Qualified  digital  gaming media production costs" means digital
 gaming media production costs only to the extent such costs are  attrib-
 S. 3009--C                         71                         A. 3009--C
 
 utable  to  the  use  of  property or the performance of services by any
 persons within the state directly and  predominantly  in  the  creation,
 production  or  modification of digital gaming related media. Such total
 production  costs  incurred  and paid in this state shall be equal to or
 exceed [seventy-five] FIFTY-ONE percent of total  cost  of  an  eligible
 production incurred and paid within and without this state.
   (4)  "Digital  gaming  media  production  entity" means a corporation,
 partnership, limited partnership or other entity or  individual  engaged
 in qualified digital game development media production.
   § 2. This act shall take effect immediately.
                                  PART L
 
   Section 1. Section 6 of subpart B of part PP of chapter 59 of the laws
 of  2021  amending  the  tax  law  and the state finance law relating to
 establishing the New York city musical  and  theatrical  production  tax
 credit  and establishing the New York state council on the arts cultural
 program fund, as amended by section 1 of subpart E of part I of  chapter
 59 of the laws of 2023, is amended to read as follows:
   §  6.  This  act shall take effect immediately; provided however, that
 sections one, two, three and four of this act  shall  apply  to  taxable
 years  beginning  on  or  after  January  1, 2021, and before January 1,
 [2026] 2028 and shall expire and be deemed repealed  January  1,  [2026]
 2028;  provided  further, however that the obligations under paragraph 3
 of subdivision (g) of section 24-c of the tax law, as added  by  section
 one of this act, shall remain in effect until December 31, [2027] 2029.
   §  2.  Subparagraph  (i)  of paragraph 5 of subdivision (b) of section
 24-c of the tax law, as amended by section 3 of subpart E of part  I  of
 chapter 59 of the laws of 2023, is amended to read as follows:
   (i) "The credit period of a qualified New York city musical and theat-
 rical production company" is the period starting on the production start
 date  and  ending  on  the earlier of the date the qualified musical and
 theatrical  production  has  expended  sufficient  qualified  production
 expenditures  to reach its credit cap, September thirtieth, two thousand
 [twenty-five] TWENTY-SEVEN or the date the qualified musical and  theat-
 rical production closes.
   §  3.  Subdivision  (c)  of section 24-c of the tax law, as amended by
 section 4 of subpart E of part I of chapter 59 of the laws of  2023,  is
 amended to read as follows:
   (c)  The  credit shall be allowed for the taxable year beginning on or
 after January first, two thousand twenty-one but before  January  first,
 two  thousand  [twenty-six]  TWENTY-EIGHT.  A  qualified  New  York city
 musical and theatrical production company shall claim the credit in  the
 year in which its credit period ends.
   §  4.  Subdivision  (f)  of  section  24-c of the tax law, as added by
 section 1 of subpart B of part PP of chapter 59 of  the  laws  of  2021,
 paragraphs  1  and  2  as amended by section 5 of subpart E of part I of
 chapter 59 of the laws of 2023, is amended to read as follows:
   (f) Maximum amount of credits.  (1) The aggregate amount of tax  cred-
 its  allowed  under this section, subdivision fifty-seven of section two
 hundred ten-B and subsection (mmm) of section six hundred  six  of  this
 chapter  shall  be  [three] FOUR hundred million dollars. Such aggregate
 amount of credits shall be  allocated  by  the  department  of  economic
 development  among  taxpayers  based on the date of first performance of
 the qualified musical and theatrical production.
 S. 3009--C                         72                         A. 3009--C
 
   (2) The commissioner of economic development,  after  consulting  with
 the  commissioner,  shall promulgate regulations to establish procedures
 for the allocation of tax credits as  required  by  this  section.  Such
 rules  and  regulations shall include provisions describing the applica-
 tion  process,  the  due dates for such applications, the standards that
 will be used to evaluate the applications, the documentation  that  will
 be  provided  by applicants to substantiate to the department the amount
 of qualified production expenditures of such applicants, and such  other
 provisions  as  deemed  necessary  and  appropriate. Notwithstanding any
 other provisions to the contrary in the state  administrative  procedure
 act, such rules and regulations may be adopted on an emergency basis. In
 no  event  shall  a  qualified  New  York  city  musical  and theatrical
 production submit an application for this program after June  thirtieth,
 two thousand [twenty-five] TWENTY-SEVEN.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to section 24-c of the tax law,  made  by  sections  two,
 three  and four of this act, shall not affect the repeal of such section
 and shall be deemed to be repealed therewith.
 
                                  PART M
 
   Section 1. Section 35 of the tax law, as added by section 12 of part U
 of chapter 61 of the laws of 2011, is amended to read as follows:
   § 35. Use of electronic means of  communication.  Notwithstanding  any
 other provision of New York state law, where the department has obtained
 authorization  of an online services account holder, in such form as may
 be prescribed by the commissioner, the  department  may  use  electronic
 means  of  communication  to furnish any document it is required to mail
 per law or regulation. If the  department  furnishes  such  document  in
 accordance  with  this  section,  department records of such transaction
 shall constitute appropriate and sufficient proof  of  delivery  thereof
 and  be  admissible in any action or proceeding. PROVIDED, HOWEVER, THAT
 IF A TAXPAYER USES A DEPARTMENT SYSTEM TO ACCESS  TAXPAYER  INFORMATION,
 INCLUDING,  BUT  NOT  LIMITED TO, NOTICES, DOCUMENTS AND ACCOUNT BALANCE
 INFORMATION, THAT IS NOT AN ELECTRONIC COMMUNICATION FURNISHED  IN  LIEU
 OF  MAILING  IN  ACCORDANCE WITH THIS SECTION, SUCH ACCESSED INFORMATION
 SHALL NOT GIVE THE TAXPAYER THE RIGHT TO A HEARING IN  THE  DIVISION  OF
 TAX  APPEALS,  UNLESS THE RIGHT TO PROTEST SUCH INFORMATION IS EXPRESSLY
 AUTHORIZED BY THIS CHAPTER OR ANOTHER PROVISION OF LAW.
   § 2. Subdivision 1 of section 2008 of  the  tax  law,  as  amended  by
 section 3 of subpart C of part V-1 of chapter 57 of the laws of 2009, is
 amended to read as follows:
   1.  All  proceedings in the division of tax appeals shall be commenced
 by the filing of a petition with the division of tax appeals  protesting
 any written notice of the division of taxation, INCLUDING ANY ELECTRONIC
 NOTICE  PROVIDED IN ACCORDANCE WITH SECTION THIRTY-FIVE OF THIS CHAPTER,
 which has advised the petitioner of a tax deficiency, a determination of
 tax due, a denial of a refund or  credit  application,  a  cancellation,
 revocation  or suspension of a license, permit or registration, a denial
 of an application for a license, permit or  registration  or  any  other
 notice  which  EXPRESSLY  gives  a  person the right to a hearing in the
 division of tax appeals under  this  chapter  or  other  law.  PROVIDED,
 HOWEVER,  THAT  ANY  WRITTEN  COMMUNICATIONS OF THE DIVISION OF TAXATION
 THAT ADVISE A TAXPAYER OF  A  PAST-DUE  TAX  LIABILITY,  AS  DEFINED  IN
 SECTION  ONE  HUNDRED  SEVENTY-ONE-V  OF  THIS CHAPTER, SHALL NOT GIVE A
 PERSON THE RIGHT TO A HEARING IN THE DIVISION OF TAX APPEALS.
 S. 3009--C                         73                         A. 3009--C
 
   § 3. This act shall take effect immediately.
 
                                  PART N
 
   Section  1.  Section  6 of the tax law, as added by chapter 765 of the
 laws of 1985, is amended to read as follows:
   § 6. Filing of ELECTRONIC warrants AND WARRANT-RELATED RECORDS in  the
 department of state. [Wherever under the provisions] 1.  NOTWITHSTANDING
 ANY  PROVISION  of  this  chapter  OR a [warrant is required to] RELATED
 STATUTE TO THE CONTRARY, ALL WARRANTS AND WARRANT-RELATED RECORDS ISSUED
 BY THE DEPARTMENT SHALL be filed ELECTRONICALLY BY THE DEPARTMENT in the
 department of state [in order to create a lien on personal property such
 requirement shall be satisfied if there is filed a record of the fact of
 the issuance of such warrant, including the name of the  person  on  the
 basis  of  whose  tax  liability  the  warrant is issued, the last known
 address of such person, and the amount of such tax liability,  including
 penalties  and interest].   No fee shall be required to be paid for such
 [filing of such warrant or such record] FILINGS.  [The term  "filed"  in
 such  provisions shall mean presentation to the department of state, for
 filing, of such warrant or such record.] ON THE DATE OF  THE  ELECTRONIC
 FILING OF A WARRANT, AS CONFIRMED BY THE DEPARTMENT OF STATE PURSUANT TO
 SUBDIVISION FIVE OF THIS SECTION:
   (A)  THE  AMOUNT  OF THE TAX STATED IN THE WARRANT SHALL BECOME A LIEN
 UPON THE TITLE TO AND INTEREST IN ALL REAL, PERSONAL OR  OTHER  PROPERTY
 LOCATED  IN  NEW YORK STATE, OWNED BY THE PERSON OR PERSONS NAMED IN THE
 WARRANT.  THE LIEN SO CREATED SHALL:
   (I) ATTACH TO ALL REAL PROPERTY AND RIGHTS TO REAL PROPERTY LOCATED IN
 NEW YORK STATE THAT IS OWNED BY THE  PERSON  OR  PERSONS  NAMED  IN  THE
 WARRANT  AT  ANY  TIME DURING THE PERIOD OF THE LIEN, INCLUDING ANY REAL
 PROPERTY OR RIGHTS TO REAL PROPERTY LOCATED IN NEW YORK  STATE  THAT  IS
 ACQUIRED BY SUCH PERSON OR PERSONS AFTER THE LIEN ARISES; AND
   (II) APPLY TO ALL PERSONAL OR OTHER PROPERTY AND RIGHTS TO PERSONAL OR
 OTHER  PROPERTY LOCATED IN NEW YORK STATE THAT IS OWNED BY THE PERSON OR
 PERSONS NAMED IN THE WARRANT AT ANY TIME DURING THE PERIOD OF THE  LIEN,
 INCLUDING  ANY PERSONAL OR OTHER PROPERTY OR RIGHTS TO PERSONAL OR OTHER
 PROPERTY LOCATED IN NEW YORK STATE THAT IS ACQUIRED BY  SUCH  PERSON  OR
 PERSONS AFTER THE LIEN ARISES; AND
   (B) THE COMMISSIONER SHALL, IN THE RIGHT OF THE PEOPLE OF THE STATE OF
 NEW  YORK,  BE  DEEMED TO HAVE OBTAINED A JUDGMENT AGAINST THE PERSON OR
 PERSONS NAMED IN THE WARRANT FOR THE AMOUNT OF THE  TAX  STATED  IN  THE
 WARRANT.
   2.  ENFORCEMENT  OF A JUDGMENT OBTAINED PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION SHALL BE AS PRESCRIBED IN ARTICLE FIFTY-TWO  OF  THE  CIVIL
 PRACTICE LAW AND RULES.
   3.  A WRITTEN OR ELECTRONIC COPY OF ANY ELECTRONIC WARRANT OR WARRANT-
 RELATED RECORD FILED IN THE DEPARTMENT OF STATE SHALL BE  FILED  BY  THE
 DEPARTMENT IN THE OFFICE OF THE CLERK OF THE COUNTY NAMED IN THE WARRANT
 OR WARRANT-RELATED RECORD.
   4.  NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR A RELATED STATUTE
 TO THE CONTRARY, ALL WARRANT-RELATED RECORDS ISSUED  BY  THE  DEPARTMENT
 THAT  ARE  AUTHORIZED BY APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO,
 WARRANT SATISFACTIONS, VACATURS, AMENDMENTS  AND  EXPIRATIONS,  AND  ANY
 WARRANT-RELATED  RECORD ISSUED BY THE DEPARTMENT ON OR AFTER JULY FIRST,
 TWO THOUSAND TWENTY-FIVE THAT PERTAINS TO A WARRANT FILED PRIOR TO  JULY
 FIRST,  TWO  THOUSAND  TWENTY-FIVE, SHALL BE FILED ELECTRONICALLY BY THE
 DEPARTMENT IN THE DEPARTMENT OF STATE. NO FEE SHALL BE  REQUIRED  TO  BE
 S. 3009--C                         74                         A. 3009--C
 
 PAID  FOR  SUCH  FILINGS. A WRITTEN OR ELECTRONIC COPY OF THE ELECTRONIC
 WARRANT-RELATED RECORD FILED IN THE DEPARTMENT OF STATE SHALL  BE  FILED
 BY  THE DEPARTMENT IN THE OFFICE OF THE CLERK OF THE COUNTY NAMED IN THE
 WARRANT-RELATED RECORD.
   5.  THE  DEPARTMENT  SHALL  FILE  WARRANTS AND WARRANT-RELATED RECORDS
 ELECTRONICALLY WITH THE DEPARTMENT OF STATE.  THE  DEPARTMENT  OF  STATE
 SHALL PROVIDE ELECTRONIC NOTICE TO THE DEPARTMENT CONFIRMING THE DATE OF
 FILING  OF  THE  WARRANTS AND WARRANT-RELATED RECORDS. THE DEPARTMENT OF
 STATE SHALL ALSO MAKE INFORMATION REGARDING THE WARRANTS AND WARRANT-RE-
 LATED RECORDS, INCLUDING THE DATE OF FILING, AVAILABLE TO THE PUBLIC AND
 SEARCHABLE BY THE NAME OF THE  PERSON  OR  PERSONS  LISTED  IN  THE  TAX
 WARRANT. UPON REQUEST OF THE COMMISSIONER, THE DEPARTMENT OF STATE SHALL
 CERTIFY  THAT A WARRANT OR WARRANT-RELATED RECORD HAS BEEN FILED AND THE
 DATE OF SUCH FILING.
   6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER CONCERNING  THE
 PLACE  OF FILING OF A TAX WARRANT AND THE CREATION THEREBY OF A TAX LIEN
 AND JUDGMENT, THE PROVISIONS OF THIS SECTION SHALL GOVERN  SUCH  MATTERS
 FOR PURPOSES OF ANY TAXES IMPOSED BY OR PURSUANT TO THIS CHAPTER.
   §  2. Subdivision 1 of section 174-a of the tax law, as added by chap-
 ter 176 of the laws of 1997, is amended to read as follows:
   1. General rule. Notwithstanding any provision of law to the contrary,
 the provisions of the civil practice law and rules relating to the dura-
 tion of a lien of a docketed judgment in and upon  real  property  of  a
 judgment  debtor, and the extension of any such lien, shall apply to any
 warrant OR OTHER WARRANT-RELATED DOCUMENT ELECTRONICALLY filed on behalf
 of the commissioner against a taxpayer with the [clerk of a county wher-
 ein such taxpayer owns or has an interest in real  property]  DEPARTMENT
 OF  STATE,  whether  such  warrant  is being enforced by a sheriff or an
 officer or employee of the department.
   § 3. Section 175 of the tax law, as amended by chapter 170 of the laws
 of 1994, is amended to read as follows:
   § 175.  Manner  of  execution  of  instruments  by  the  commissioner.
 Notwithstanding  any  other provision of law, whenever a statute author-
 izes or requires the commissioner to execute an instrument, such instru-
 ment shall be executed by having the name or title of  the  commissioner
 appear  on  such  instrument  and,  underneath  such name or title, such
 instrument shall be signed by  the  commissioner  or  by  a  deputy  tax
 commissioner  or  by  the  secretary to such commissioner[, and the]. AN
 ELECTRONIC SIGNATURE MAY BE USED IN LIEU OF A SIGNATURE AFFIXED BY  HAND
 PURSUANT TO ARTICLE THREE OF THE STATE TECHNOLOGY LAW.  THE seal of such
 commissioner [shall] MAY be affixed or [shall] appear on such instrument
 as  a  facsimile  which  is engraved, printed or reproduced in any other
 manner. No acknowledgment of the execution of any such instrument  shall
 be necessary for the purpose of the recordation thereof or for any other
 purpose.
   §  4.  This  act  shall  take  effect  July 1, 2025 and shall apply to
 warrants and warrant-related records pertaining to such warrants  filed,
 or  deemed to have been filed, on or after such date; provided, however,
 that the department of taxation and finance and the department of  state
 are  authorized  to take any steps necessary to implement this act on or
 before such effective date.
 
                                  PART O
 S. 3009--C                         75                         A. 3009--C
 
   Section 1. Paragraph (b-1) of subdivision 3 of section 425 of the real
 property tax law, as amended by section 1 of part RR of  chapter  59  of
 the laws of 2019, is amended to read as follows:
   (b-1)  Income.  For  final assessment rolls to be used for the levy of
 taxes for the two thousand eleven-two thousand twelve through two  thou-
 sand  eighteen-two  thousand  nineteen school years, the parcel's affil-
 iated income may be no greater than five hundred  thousand  dollars,  as
 determined  by the commissioner pursuant to subdivision fourteen of this
 section or section one hundred seventy-one-u of the tax law, in order to
 be eligible for the basic exemption authorized by this section.   Begin-
 ning with the two thousand nineteen-two thousand twenty school year, for
 purposes  of  the  exemption  authorized  by  this section, the parcel's
 affiliated income may be no greater  than  two  hundred  fifty  thousand
 dollars,  as so determined. As used herein, the term "affiliated income"
 shall mean the combined income of all of the owners of  the  parcel  who
 resided  primarily thereon on the applicable taxable status date, and of
 any owners' spouses residing primarily thereon. For exemptions on  final
 assessment  rolls  to be used for the levy of taxes for the two thousand
 eleven-two thousand twelve  school  year,  affiliated  income  shall  be
 determined  based  upon  the  parties'  incomes  for the income tax year
 ending in two thousand nine. In each subsequent school year, the  appli-
 cable  income  tax year shall be advanced by one year. The term "income"
 as used herein shall have the same meaning as  in  subdivision  four  of
 this  section,  AND THE PROVISIONS OF CLAUSE (B) OF SUBPARAGRAPH (II) OF
 PARAGRAPH (B) OF SUBDIVISION FOUR  OF  THIS  SECTION  SHALL  BE  EQUALLY
 APPLICABLE TO THE BASIC EXEMPTION.
   § 2. Paragraph (a) of subdivision 4 of section 425 of the real proper-
 ty tax law, as amended by section 4 of part A of chapter 405 of the laws
 of  1999 and subparagraph (i) as amended by section 2 of part E of chap-
 ter 83 of the laws of 2002, is amended to read as follows:
   (a) Age. (i) [All] AT LEAST ONE of the owners WHO RESIDES PRIMARILY ON
 THE PROPERTY must be [at least] sixty-five years of age or older  as  of
 the  date specified herein[, or in the case of property owned by husband
 and wife or by siblings, one of the owners must be at  least  sixty-five
 years  of age as of that date and the property must serve as the primary
 residence of that owner]. For the two thousand--two thousand one  school
 year, eligibility for the exemption shall be based upon age as of Decem-
 ber  thirty-first,  two  thousand.  For each subsequent school year, the
 applicable date shall be advanced by one year.
   (ii) [The term "siblings" as used herein shall have the  same  meaning
 as set forth in section four hundred sixty-seven of this article.
   (iii)]  In  the  case  of  property owned by [husband and wife, one of
 whom] A MARRIED COUPLE, IF ONLY ONE OF THE SPOUSES is  sixty-five  years
 of  age  or  over,  the  exemption, once granted, shall not be rescinded
 solely because of the death of the older spouse so long as the surviving
 spouse is at least sixty-two years of age as of the  date  specified  in
 this paragraph.
   §  3.  The  opening  paragraph of subparagraph (i) of paragraph (b) of
 subdivision 4 of section 425 of the real property tax law, as amended by
 section 3 of part E of chapter 83 of the laws of  2002,  is  amended  to
 read as follows:
   The  combined  income of all of the owners WHO PRIMARILY RESIDE ON THE
 PROPERTY, and of any owners' spouses PRIMARILY residing  on  the  [prem-
 ises]  PROPERTY, may not exceed the applicable income standard specified
 herein.
 S. 3009--C                         76                         A. 3009--C
 
   § 4. Subparagraph (ii) of paragraph (b) of subdivision  4  of  section
 425  of  the real property tax law, as amended by section 1 of part B of
 chapter 59 of the laws of 2018, is amended to read as follows:
   (ii)  The  term "income" as used herein shall mean the "adjusted gross
 income" for federal income tax purposes as reported on  the  applicant's
 federal  or  state income tax return for the applicable income tax year,
 subject to any subsequent amendments or revisions, reduced  by  distrib-
 utions,  to  the  extent  included  in  federal  adjusted  gross income,
 received from an individual retirement account and an individual retire-
 ment annuity; provided that if no such return was filed for the applica-
 ble income tax year, "income" shall mean  the  [adjusted  gross  income]
 AMOUNT that would have been so reported if such a return had been filed.
 Provided further, that [effective]:
   (A)  EFFECTIVE  with exemption applications for final assessment rolls
 to be completed in two thousand nineteen,  where  an  income-eligibility
 determination  is  wholly or partly based upon the income of one or more
 individuals who did not file a return  for  the  applicable  income  tax
 year,  then in order for the application to be considered complete, each
 such individual must file a statement with the  department  showing  the
 source  or  sources  of  [his  or her] SUCH INDIVIDUAL'S income for that
 income tax year, and the amount or amounts thereof, that would have been
 reported on such a return if one had been filed. Such statement shall be
 filed at such time, and in such form and manner, as may be prescribed by
 the department, and shall be subject to the secrecy  provisions  of  the
 tax  law  to the same extent that a personal income tax return would be.
 The department shall make such forms and instructions available for  the
 filing  of such statements. The local assessor shall upon the request of
 a taxpayer assist such taxpayer in the filing of the statement with  the
 department.
   (B)  NOTWITHSTANDING  THE  FOREGOING  PROVISIONS OF THIS SUBPARAGRAPH,
 WHERE PROPERTY IS OWNED SOLELY BY A PERSON OR PERSONS WHO  RECEIVED  THE
 EXEMPTION  FOR  THREE CONSECUTIVE YEARS WITHOUT HAVING FILED RETURNS FOR
 THE APPLICABLE INCOME TAX YEARS, BUT WHO DEMONSTRATED THEIR  ELIGIBILITY
 FOR  THE  EXEMPTION  TO THE COMMISSIONER'S SATISFACTION BY FILING STATE-
 MENTS PURSUANT TO CLAUSE  (A)  OF  THIS  SUBPARAGRAPH,  SUCH  PERSON  OR
 PERSONS  SHALL  BE PRESUMED TO SATISFY THE APPLICABLE INCOME-ELIGIBILITY
 REQUIREMENTS EACH YEAR THEREAFTER AND SHALL NOT BE REQUIRED TO  CONTINUE
 TO  FILE  SUCH  STATEMENTS IN THE ABSENCE OF A SPECIFIC REQUEST THEREFOR
 FROM THE COMMISSIONER. NOTHING CONTAINED HEREIN SHALL  BE  CONSTRUED  TO
 PREVENT  THE  COMMISSIONER  FROM  DENYING  AN EXEMPTION PURSUANT TO THIS
 SECTION WHEN THE COMMISSIONER DETERMINES THAT A  PROPERTY  OWNER  HAS  A
 SOURCE OF INCOME THAT RENDERS THAT OWNER INELIGIBLE FOR THAT EXEMPTION.
   §  5.  Clauses  (C)  and  (D) of subparagraph (iv) of paragraph (b) of
 subdivision 4 of section 425 of the real property tax law  are  REPEALED
 and a new clause (C) is added to read as follows:
   (C) WHEN THE COMMISSIONER DETERMINES THAT PROPERTY IS INELIGIBLE FOR A
 STAR  EXEMPTION,  NOTICE  OF  SUCH  DETERMINATION AND AN OPPORTUNITY FOR
 REVIEW THEREOF SHALL BE PROVIDED IN THE MANNER SET FORTH IN  SUBDIVISION
 FOUR-B OF THIS SECTION.
   §  6.  Section 425 of the real property tax law is amended by adding a
 new subdivision 4-b to read as follows:
   4-B. AUTHORITY OF THE COMMISSIONER IN RELATION TO ELIGIBILITY DETERMI-
 NATIONS. (A) (I) NOTWITHSTANDING ANY PROVISION OF THIS  SECTION  TO  THE
 CONTRARY,  IT  SHALL BE THE RESPONSIBILITY OF THE COMMISSIONER TO DETER-
 MINE ELIGIBILITY FOR THE BASIC AND ENHANCED STAR  EXEMPTIONS  AUTHORIZED
 BY THIS SECTION, IN CONSULTATION WITH LOCAL ASSESSORS AS NECESSARY.
 S. 3009--C                         77                         A. 3009--C
 
   (II) THE COMMISSIONER'S ELIGIBILITY DETERMINATIONS SHALL BE BASED UPON
 DATA THE COMMISSIONER HAS OBTAINED FROM LOCAL ASSESSMENT ROLLS, PERSONAL
 INCOME  TAX  RETURNS,  THE  STAR  REGISTRATION  PROGRAM, THE STAR INCOME
 VERIFICATION PROGRAM AND SUCH OTHER DATA SOURCES AS MAY BE AVAILABLE  TO
 THE COMMISSIONER.
   (III)  THE  PROCESS FOLLOWED BY THE COMMISSIONER TO VERIFY ELIGIBILITY
 FOR THE BASIC AND ENHANCED STAR EXEMPTIONS SHALL BE THE SAME, EXCEPT  TO
 THE EXTENT THAT DIFFERENCES ARE REQUIRED BY LAW.
   (B)  IF  THE  COMMISSIONER  SHOULD  DETERMINE THAT A PARCEL THAT HAS A
 BASIC STAR EXEMPTION IS ELIGIBLE FOR AN  ENHANCED  STAR  EXEMPTION,  THE
 COMMISSIONER  SHALL SO NOTIFY THE ASSESSOR. THE ASSESSOR SHALL THEREUPON
 GRANT THE PARCEL AN ENHANCED STAR EXEMPTION  WITHOUT  REQUESTING  A  NEW
 APPLICATION FROM THE OWNER.
   (C) IF THE COMMISSIONER DETERMINES THAT PROPERTY IS NOT ELIGIBLE FOR A
 STAR EXEMPTION IT HAS BEEN RECEIVING, THE PROVISIONS OF THIS SUBDIVISION
 SHALL BE APPLICABLE.
   (I) THE COMMISSIONER SHALL PROVIDE THE PROPERTY OWNERS WITH NOTICE AND
 AN OPPORTUNITY TO SHOW THE COMMISSIONER THAT THE PROPERTY IS ELIGIBLE TO
 RECEIVE  THE  EXEMPTION.  IF  THE  OWNERS FAIL TO RESPOND TO SUCH NOTICE
 WITHIN FORTY-FIVE DAYS FROM THE MAILING THEREOF, OR  IF  THEIR  RESPONSE
 DOES  NOT  SHOW  TO THE COMMISSIONER'S SATISFACTION THAT THE PROPERTY IS
 ELIGIBLE FOR THE EXEMPTION, THE COMMISSIONER SHALL DIRECT  THE  ASSESSOR
 OR  OTHER PERSON HAVING CUSTODY OR CONTROL OF THE ASSESSMENT ROLL OR TAX
 ROLL TO REMOVE OR DENY THE EXEMPTION, AND TO CORRECT THE ROLL ACCORDING-
 LY.  SUCH A DIRECTIVE SHALL BE BINDING UPON THE ASSESSOR OR OTHER PERSON
 HAVING CUSTODY OR CONTROL OF THE ASSESSMENT ROLL OR TAX ROLL, AND  SHALL
 BE IMPLEMENTED BY SUCH PERSON WITHOUT THE NEED FOR FURTHER DOCUMENTATION
 OR APPROVAL.
   (II)  NEITHER  AN  ASSESSOR  NOR  A BOARD OF ASSESSMENT REVIEW HAS THE
 AUTHORITY TO CONSIDER AN OBJECTION  TO  THE  REMOVAL  OR  DENIAL  OF  AN
 EXEMPTION  PURSUANT  TO  THIS  SUBDIVISION,  NOR  MAY  SUCH AN ACTION BE
 REVIEWED IN A PROCEEDING TO REVIEW AN ASSESSMENT PURSUANT TO  TITLE  ONE
 OR  ONE-A  OF  ARTICLE SEVEN OF THIS CHAPTER. SUCH AN ACTION MAY ONLY BE
 CHALLENGED BEFORE THE DEPARTMENT OF TAXATION AND FINANCE. IF A  TAXPAYER
 IS  DISSATISFIED WITH THE DEPARTMENT'S FINAL DETERMINATION, THE TAXPAYER
 MAY APPEAL THAT DETERMINATION TO THE STATE BOARD OF  REAL  PROPERTY  TAX
 SERVICES IN A FORM AND MANNER TO BE PRESCRIBED BY THE COMMISSIONER. SUCH
 APPEAL  SHALL  BE  FILED WITHIN FORTY-FIVE DAYS FROM THE ISSUANCE OF THE
 DEPARTMENT'S FINAL DETERMINATION. IF DISSATISFIED WITH THE  STATE  BOARD
 OF  REAL  PROPERTY  TAX  SERVICES'  DETERMINATION, THE TAXPAYER MAY SEEK
 JUDICIAL REVIEW THEREOF PURSUANT TO ARTICLE SEVENTY-EIGHT OF  THE  CIVIL
 PRACTICE  LAW  AND  RULES. THE TAXPAYER SHALL OTHERWISE HAVE NO RIGHT TO
 CHALLENGE SUCH FINAL DETERMINATION IN  A  COURT  ACTION,  ADMINISTRATIVE
 PROCEEDING OR ANY OTHER FORM OF LEGAL RECOURSE AGAINST THE COMMISSIONER,
 THE DEPARTMENT OF TAXATION AND FINANCE, THE STATE BOARD OF REAL PROPERTY
 TAX  SERVICES, THE ASSESSOR OR OTHER PERSON HAVING CUSTODY OR CONTROL OF
 THE ASSESSMENT ROLL OR TAX ROLL REGARDING SUCH ACTION.
   § 7. The section heading of section 171-u of the tax law, as added  by
 section  2  of  part FF of chapter 57 of the laws of 2010, is amended to
 read as follows:
   Verification of [income] eligibility for [basic] STAR exemption.
   § 8. Subdivisions 1, 2, 3 and 4 of section 171-u of the  tax  law  are
 REPEALED,  subdivision 5 is renumbered subdivision 2, and a new subdivi-
 sion 1 is added to read as follows:
 S. 3009--C                         78                         A. 3009--C
 
   (1) THE COMMISSIONER SHALL VERIFY THE ELIGIBILITY  OF  PROPERTIES  FOR
 STAR  EXEMPTIONS  IN THE MANNER PROVIDED BY SECTION FOUR HUNDRED TWENTY-
 FIVE OF THE REAL PROPERTY TAX LAW.
   §  9.  Subparagraphs (B) and (E) of paragraph 1 of subsection (eee) of
 section 606 of the tax law, subparagraph (B) as amended by section 10 of
 part B of chapter 59 of the laws of 2018 and subparagraph (E) as amended
 by section 2 of part H of chapter 59 of the laws of 2017, are amended to
 read as follows:
   (B) (I) "Affiliated income" shall mean [for purposes of the basic STAR
 credit,] the combined income of all of the  owners  of  the  parcel  who
 resided  primarily  thereon  as of [December thirty-first] JULY FIRST of
 the taxable year, and of any owners' spouses residing primarily  thereon
 as  of  such  date[,  and  for purposes of the enhanced STAR credit, the
 combined income of all of the owners of the parcel as of December  thir-
 ty-first of the taxable year, and of any owners' spouses residing prima-
 rily thereon as of such date; provided that for both purposes]; PROVIDED
 THAT  the  income to be so combined shall be the "adjusted gross income"
 for the taxable year as reported for federal  income  tax  purposes,  or
 that  would be reported as adjusted gross income if a federal income tax
 return were required to be  filed,  reduced  by  distributions,  to  the
 extent included in federal adjusted gross income, received from an indi-
 vidual retirement account and an individual retirement annuity.
   (II) For taxable years beginning on and after January first, two thou-
 sand  nineteen,  where  an income-eligibility determination is wholly or
 partly based upon the income of one or more individuals who did not file
 a return pursuant to section six hundred fifty-one of this  article  for
 the  applicable  income  tax  year, then in order to be eligible for the
 credit authorized by this subsection, each such individual must  file  a
 statement  with  the department showing the source or sources of [his or
 her] SUCH INDIVIDUAL'S income for that income tax year, and  the  amount
 or  amounts  thereof,  that would have been reported on such a return if
 one had been filed. Such statement shall be filed at such time,  and  in
 such  form and manner, as may be prescribed by the department, and shall
 be subject to the provisions of section six hundred ninety-seven of this
 article to the same extent that a return would be. The department  shall
 make such forms and instructions available for the filing of such state-
 ments.  The  local  assessor shall upon the request of a taxpayer assist
 such taxpayer in the  filing  of  the  statement  with  the  department.
 [Provided  further,  that  if the qualified taxpayer was an owner of the
 property during the taxable year but did not own it on December  thirty-
 first  of  the  taxable  year,  then the determination as to whether the
 income of an individual should be included in "affiliated income"  shall
 be  based  upon the ownership and/or residency status of that individual
 as of the first day of the month during  which  the  qualified  taxpayer
 ceased  to be an owner of the property, rather than as of December thir-
 ty-first of the taxable year.]
   (III) NOTWITHSTANDING THE FOREGOING PROVISIONS OF  THIS  SUBPARAGRAPH,
 WHERE  PROPERTY  IS OWNED SOLELY BY A PERSON OR PERSONS WHO RECEIVED THE
 CREDIT FOR THREE CONSECUTIVE YEARS WITHOUT HAVING FILED RETURNS FOR  THE
 APPLICABLE  INCOME TAX YEARS, BUT WHO DEMONSTRATED THEIR ELIGIBILITY FOR
 THE CREDIT TO  THE  COMMISSIONER'S  SATISFACTION  BY  FILING  STATEMENTS
 PURSUANT  TO  CLAUSE  (II)  OF THIS SUBPARAGRAPH, SUCH PERSON OR PERSONS
 SHALL BE PRESUMED TO SATISFY THE APPLICABLE INCOME-ELIGIBILITY  REQUIRE-
 MENTS EACH YEAR THEREAFTER AND SHALL NOT BE REQUIRED TO CONTINUE TO FILE
 SUCH  STATEMENTS  IN THE ABSENCE OF A SPECIFIC REQUEST THEREFOR FROM THE
 COMMISSIONER. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO PREVENT THE
 S. 3009--C                         79                         A. 3009--C
 
 COMMISSIONER FROM DENYING A CREDIT PURSUANT TO THIS SUBSECTION WHEN  THE
 COMMISSIONER  DETERMINES  THAT  A  PROPERTY OWNER HAS A SOURCE OF INCOME
 THAT RENDERS THAT OWNER TEMPORARILY OR PERMANENTLY INELIGIBLE  FOR  THAT
 CREDIT.
   (E)  "Qualifying  taxes"  means the school district taxes that were OR
 ARE TO BE levied upon the taxpayer's primary residence for  the  associ-
 ated  fiscal  year  [that  were actually paid by the taxpayer during the
 taxable year]; or, in the case of a city school district that is subject
 to article fifty-two of the education law, the combined city and  school
 district taxes that were OR ARE TO BE levied upon the taxpayer's primary
 residence for the associated fiscal year [that were actually paid by the
 taxpayer  during  the taxable year]. Provided, however, that in the case
 of a cooperative apartment, "qualifying taxes" means the school district
 taxes that would have been levied upon the tenant-stockholder's  primary
 residence  if  it were separately assessed, as determined by the commis-
 sioner based on the statement  provided  by  the  assessor  pursuant  to
 subparagraph  (ii)  of  paragraph (k) of subdivision two of section four
 hundred twenty-five of the real property tax law, or in the  case  of  a
 cooperative apartment corporation that is described in subparagraph (iv)
 of  paragraph (k) of subdivision two of section four hundred twenty-five
 of the real property tax law, one third of such amount. In no case shall
 the term "qualifying taxes" be construed to include penalties or  inter-
 est.
   § 10. Paragraph 2 of subsection (eee) of section 606 of the tax law is
 REPEALED.
   §  11.  The  opening  paragraph  and clause (i) of subparagraph (A) of
 paragraph 4 of subsection (eee) of  section  606  of  the  tax  law,  as
 amended  by  section  8 of part A of chapter 73 of the laws of 2016, are
 amended to read as follows:
   Beginning with taxable years after two thousand [fifteen] TWENTY-FOUR,
 an enhanced STAR credit shall be available to a qualified taxpayer where
 both of the following conditions are satisfied:
   (i) [All] AT LEAST ONE of the owners of the parcel that serves as  the
 taxpayer's  primary  residence [are] IS at least sixty-five years of age
 as of December thirty-first of the taxable year  [or,  in  the  case  of
 property  owned  by a married couple or by siblings, at least one of the
 owners is at least sixty-five years of age as of that  date.  The  terms
 "siblings"  as  used  herein shall have the same meaning as set forth in
 section four hundred sixty-seven of the real property tax law].  In  the
 case of property owned by a married couple, [one of whom] IF ONLY ONE OF
 THE  SPOUSES  is  sixty-five  years  of  age  or  over, the credit, once
 allowed, shall not be disallowed because  of  the  death  of  the  older
 spouse  so  long  as the surviving spouse is at least sixty-two years of
 age as of December thirty-first of the taxable year.
   § 12. Subsection (eee) of section 606 of the tax  law  is  amended  by
 adding a new paragraph 14 to read as follows:
   (14) THE PROCESS EMPLOYED BY THE COMMISSIONER IN VERIFYING ELIGIBILITY
 FOR  THE  BASIC  STAR  CREDIT SHALL BE THE SAME AS FOR THE ENHANCED STAR
 CREDIT, EXCEPT TO THE EXTENT THAT DIFFERENCES ARE REQUIRED BY LAW.
   § 13. This act shall take effect immediately; provided, however,  that
 sections  two, three, five, six, seven, eight, eleven and twelve of this
 act shall take effect January 1, 2026; and the amendments to clause  (i)
 of subparagraph (B) of paragraph 1 of subsection (eee) of section 606 of
 the  tax  law made by section nine of this act shall take effect January
 1, 2026.
 S. 3009--C                         80                         A. 3009--C
 
                                  PART P
 
                           Intentionally Omitted
 
                                  PART Q
 
                           Intentionally Omitted
 
                                  PART R
 
   Section 1. Subdivision (a) of section 213-a of the tax law, as amended
 by chapter 166 of the laws of 1991, is amended to read as follows:
   (a)  Requirement  of  declaration.--Every  taxpayer subject to the tax
 imposed by section two hundred nine of this [chapter] ARTICLE shall make
 a declaration of its estimated tax for  the  current  privilege  period,
 containing  such information as the commissioner of taxation and finance
 may prescribe by regulations or instructions, if such estimated tax  can
 reasonably  be expected to exceed one thousand dollars FOR TAXABLE YEARS
 BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, OR  FIVE  THOU-
 SAND  DOLLARS FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-SIX. If a taxpayer  is  subject  to  the  tax  surcharge
 imposed  under  section  two  hundred  nine-B  of  this article and such
 taxpayer's estimated tax under section two hundred nine of this  article
 can  reasonably  be  expected to exceed one thousand dollars FOR TAXABLE
 YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX,  OR  FIVE
 THOUSAND  DOLLARS FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST,
 TWO THOUSAND TWENTY-SIX, such taxpayer shall also make a declaration  of
 its estimated tax surcharge for the current privilege period.
   §  2.   Subdivision (a) of section 213-b of the tax law, as amended by
 section 4 of part Z of chapter 59 of the laws of  2019,  is  amended  to
 read as follows:
   (a) First installments for certain taxpayers.--In privilege periods of
 twelve  months  ending  at  any  time  during the calendar year nineteen
 hundred seventy and  thereafter,  every  taxpayer  subject  to  the  tax
 imposed  by  section two hundred nine of this [chapter] ARTICLE must pay
 with the report required to be filed for the preceding privilege period,
 or with an application for extension of the time for filing the  report,
 for  taxable years beginning before January first, two thousand sixteen,
 and must pay on or before the fifteenth day of the third month  of  such
 privilege  periods,  for  taxable  years  beginning  on or after January
 first, two thousand sixteen, an amount equal to (i) twenty-five  percent
 of  the  second  preceding year's tax if the second preceding year's tax
 exceeded one thousand dollars FOR TAXABLE YEARS BEGINNING BEFORE JANUARY
 FIRST, TWO THOUSAND TWENTY-SIX, OR FIVE  THOUSAND  DOLLARS  FOR  TAXABLE
 YEARS  BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX, but
 was equal to or less than one hundred thousand dollars,  or  (ii)  forty
 percent  of  the  second  preceding  year's  tax if the second preceding
 year's tax exceeded one hundred thousand dollars. If the second  preced-
 ing  year's tax under section two hundred nine of this [chapter] ARTICLE
 exceeded one thousand dollars FOR TAXABLE YEARS BEGINNING BEFORE JANUARY
 FIRST, TWO THOUSAND TWENTY-SIX, OR FIVE  THOUSAND  DOLLARS  FOR  TAXABLE
 YEARS  BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX, and
 the taxpayer is subject to the tax  surcharge  imposed  by  section  two
 hundred  nine-B  of  this  [chapter] ARTICLE, the taxpayer must also pay
 S. 3009--C                         81                         A. 3009--C
 
 with the tax surcharge report  required  to  be  filed  for  the  second
 preceding  privilege period, or with an application for extension of the
 time for filing the report, for taxable years beginning  before  January
 first, two thousand sixteen, and must pay on or before the fifteenth day
 of  the  third month of such privilege periods, for taxable years begin-
 ning on or after January first, two thousand sixteen, an amount equal to
 (i) twenty-five percent of the tax  surcharge  imposed  for  the  second
 preceding  year  if the second preceding year's tax was equal to or less
 than one hundred thousand dollars, or (ii)  forty  percent  of  the  tax
 surcharge  imposed for the second preceding year if the second preceding
 year's tax exceeded one hundred  thousand  dollars.  Provided,  however,
 that  every  taxpayer that is a New York S corporation must pay with the
 report required to be filed for the preceding privilege period, or  with
 an  application  for  extension  of  the  time for filing the report, an
 amount equal to (i) twenty-five percent of the preceding year's  tax  if
 the preceding year's tax exceeded one thousand dollars FOR TAXABLE YEARS
 BEGINNING  BEFORE  JANUARY FIRST, TWO THOUSAND TWENTY-SIX, OR FIVE THOU-
 SAND DOLLARS FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST,  TWO
 THOUSAND  TWENTY-SIX, but was equal to or less than one hundred thousand
 dollars, or (ii) forty percent  of  the  preceding  year's  tax  if  the
 preceding year's tax exceeded one hundred thousand dollars.
   § 3. This act shall take effect immediately.
 
                                  PART S
 
   Section  1.  Section  606  of  the  tax law is amended by adding a new
 subsection (ttt) to read as follows:
   (TTT) ORGAN DONATION CREDIT.  (1) FOR TAXABLE YEARS  BEGINNING  ON  OR
 AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-FIVE, A FULL-YEAR RESIDENT
 TAXPAYER WHO, WHILE LIVING, DONATES ONE OR MORE OF THEIR HUMAN ORGANS TO
 ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION WILL  BE  ALLOWED  A
 CREDIT AGAINST THE TAXES IMPOSED BY THIS ARTICLE IN THE AMOUNT SPECIFIED
 IN  PARAGRAPH  TWO  OF  THIS SUBSECTION. FOR PURPOSES OF THIS PARAGRAPH,
 "HUMAN ORGAN" MEANS ALL OR PART OF A LIVER, PANCREAS, KIDNEY, INTESTINE,
 LUNG, OR BONE MARROW.
   (2) A TAXPAYER MAY CLAIM THE CREDIT ALLOWED UNDER THIS SUBSECTION ONLY
 ONCE AND IN THE TAXABLE YEAR IN WHICH THE  HUMAN  ORGAN  TRANSPLANTATION
 OCCURS. SUCH CREDIT MAY BE CLAIMED, IN AN AMOUNT NOT TO EXCEED TEN THOU-
 SAND  DOLLARS,  FOR  ONLY  THE  FOLLOWING UNREIMBURSED EXPENSES THAT ARE
 INCURRED BY THE TAXPAYER AND RELATED TO THE TAXPAYER'S ORGAN DONATION:
   (A) TRAVEL EXPENSES;
   (B) LODGING EXPENSES; AND
   (C) LOST WAGES.
 PROVIDED, HOWEVER, THAT  THIS  CREDIT  SHALL  NOT  APPLY  TO  ANY  ORGAN
 DONATION  FOR  WHICH  THE  TAXPAYER  HAS RECEIVED BENEFITS UNDER SECTION
 FORTY-THREE HUNDRED SEVENTY-ONE OF THE PUBLIC HEALTH LAW.
   (3) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR  ANY
 TAXABLE  YEAR  SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
 SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   §  2. Paragraph 38 of subsection (c) of section 612 of the tax law, as
 added by chapter 565 of the laws  of  2006,  the  opening  paragraph  as
 amended  by  chapter  814  of  the  laws  of 2022, is amended to read as
 follows:
 S. 3009--C                         82                         A. 3009--C
 
   (38) [An] FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO  THOU-
 SAND TWENTY-FIVE, AN amount of up to ten thousand dollars if a taxpayer,
 while  living,  donates one or more of [his or her] THE TAXPAYER'S human
 organs to another human  being  for  human  organ  transplantation.  For
 purposes  of this paragraph, "human organ" means all or part of a liver,
 pancreas, kidney, intestine, lung, or bone marrow. A subtract  modifica-
 tion  allowed  under this paragraph shall be claimed in the taxable year
 in which the human organ transplantation occurs. Provided, however, that
 this deduction shall not apply to any donation for  which  the  taxpayer
 has  received  benefits under section forty-three hundred seventy-one of
 the public health law.
   (A) A taxpayer shall claim the  subtract  modification  allowed  under
 this paragraph only once and such subtract modification shall be claimed
 for  only  the following unreimbursed expenses which are incurred by the
 taxpayer and related to the taxpayer's organ donation:
   (i) travel expenses;
   (ii) lodging expenses; and
   (iii) lost wages.
   (B) The subtract modification allowed under this paragraph  shall  not
 be claimed by a part-year resident or a non-resident of this state.
   § 3. This act shall take effect immediately.
                                  PART T
 
   Section  1.  Paragraph  3  of subsection (a) of section 954 of the tax
 law, as amended by section 1 of part F of chapter  59  of  the  laws  of
 2019, is amended to read as follows:
   (3)  Increased by the amount of any taxable gift under section 2503 of
 the internal revenue code  not  otherwise  included  in  the  decedent's
 federal  gross  estate,  made during the three year period ending on the
 decedent's date of death, but not including any gift made: (A) when  the
 decedent  was  not  a  resident  of  New York state; or (B) before April
 first, two thousand fourteen; or (C) between January first, two thousand
 nineteen and January fifteenth, two thousand nineteen; or  (D)  that  is
 real  or  tangible  personal property having an actual situs outside New
 York state at the time the gift was made. Provided,  however  that  this
 paragraph  shall not apply to the estate of a decedent dying on or after
 January first, two thousand  [twenty-six.]  THIRTY-TWO.  THE  AMOUNT  BY
 WHICH  THE  TOTAL  TAX  IMPOSED UNDER THIS ARTICLE EXCEEDS THE TOTAL TAX
 THAT WOULD HAVE BEEN IMPOSED UNDER THIS ARTICLE IF  THIS  PARAGRAPH  DID
 NOT  APPLY  SHALL  BE TREATED AS AN OBLIGATION OF THE DECEDENT AS OF THE
 DECEDENT'S DEATH THAT IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE  (BUT
 WHICH SHALL NOT BE DEDUCTIBLE FOR PURPOSES OF THIS ARTICLE).
   § 2. This act shall take effect immediately.
 
                                  PART U
 
   Section  1.  Paragraphs (c) and (d) of subdivision 12 of section 210-B
 of the tax law, as added by section 17 of part A of chapter  59  of  the
 laws of 2014, are amended to read as follows:
   (c)  Amount  of  credit.  Except  as provided in paragraph (d) of this
 subdivision, the amount of credit FOR  TAXABLE  YEARS  BEGINNING  BEFORE
 JANUARY  FIRST, TWO THOUSAND TWENTY-FIVE shall be thirty-five percent of
 the first six thousand dollars in qualified first-year wages  earned  by
 each  qualified  employee  AND  FOR  TAXABLE YEARS BEGINNING ON OR AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE SHALL BE THE FIRST FIVE THOUSAND
 S. 3009--C                         83                         A. 3009--C
 
 DOLLARS IN QUALIFIED FIRST-YEAR WAGES EARNED BY EACH QUALIFIED EMPLOYEE.
 "Qualified first-year wages" means wages paid or incurred by the taxpay-
 er during the taxable year to qualified employees  which  are  attribut-
 able, with respect to any such employee, to services rendered during the
 one-year  period beginning with the day the employee begins work for the
 taxpayer.
   (d) Credit where federal work opportunity  tax  credit  applies.  With
 respect to any qualified employee whose qualified first-year wages under
 paragraph  (c)  of this subdivision also constitute qualified first-year
 wages for purposes of the work opportunity  tax  credit  for  vocational
 rehabilitation referrals under section fifty-one of the internal revenue
 code,  the  amount  of credit under   this subdivision FOR TAXABLE YEARS
 BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE shall be  thir-
 ty-five  percent  of the first six thousand dollars in qualified second-
 year wages earned by each such employee AND FOR TAXABLE YEARS  BEGINNING
 ON  OR  AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE SHALL BE THE FIRST
 FIVE THOUSAND DOLLARS IN QUALIFIED  SECOND-YEAR  WAGES  EARNED  BY  EACH
 QUALIFIED  EMPLOYEE.   "Qualified second-year wages" means wages paid or
 incurred by the taxpayer during the taxable year to qualified  employees
 which  are  attributable, with respect to any such employee, to services
 rendered during the one-year period beginning one year after the employ-
 ee begins work for the taxpayer.
   § 2. Paragraphs 3 and 4 of subsection (o) of section 606  of  the  tax
 law, as added by chapter 142 of the laws of 1997, are amended to read as
 follows:
   (3)  Amount  of  credit.  Except as provided in paragraph four of this
 subsection, the amount of credit  FOR  TAXABLE  YEARS  BEGINNING  BEFORE
 JANUARY  FIRST, TWO THOUSAND TWENTY-FIVE shall be thirty-five percent of
 the first six thousand dollars in qualified first-year wages  earned  by
 each  qualified  employee  AND  FOR  TAXABLE YEARS BEGINNING ON OR AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE SHALL BE THE FIRST FIVE THOUSAND
 DOLLARS IN QUALIFIED FIRST-YEAR WAGES EARNED BY EACH QUALIFIED EMPLOYEE.
 "Qualified first-year wages" means wages paid or incurred by the taxpay-
 er during the taxable year to qualified employees  which  are  attribut-
 able, with respect to any such employee, to services rendered during the
 one-year  period beginning with the day the employee begins work for the
 taxpayer.
   (4) Credit where federal work opportunity  tax  credit  applies.  With
 respect to any qualified employee whose qualified first-year wages under
 paragraph  three of this subsection also constitute qualified first-year
 wages for purposes of the work opportunity  tax  credit  for  vocational
 rehabilitation referrals under section fifty-one of the internal revenue
 code,  the  amount  of credit under this subsection shall be FOR TAXABLE
 YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND  TWENTY-FIVE  thirty-
 five  percent of the first six thousand dollars in qualified second-year
 wages earned by each such employee AND FOR TAXABLE YEARS BEGINNING ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE SHALL BE  THE  FIRST  FIVE
 THOUSAND DOLLARS IN QUALIFIED SECOND-YEAR WAGES EARNED BY EACH QUALIFIED
 EMPLOYEE.  "Qualified second-year wages" means wages paid or incurred by
 the  taxpayer  during  the taxable year to qualified employees which are
 attributable, with respect to any such employee,  to  services  rendered
 during  the one-year period beginning one year after the employee begins
 work for the taxpayer.
   § 3. This act shall take effect immediately.
 
                                  PART V
 S. 3009--C                         84                         A. 3009--C
 
   Section 1. This Part enacts into law major components  of  legislation
 relating to the reporting of federal partnership audit adjustments. Each
 component  is  wholly contained within a Subpart identified as Subpart A
 and  Subpart  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  Part
 sets forth the general effective date of this Part.
 
                                 SUBPART A
 
   Section 1.  Subdivision 3 of section 211 of the tax law, as amended by
 section  19  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   3. If the amount of taxable  income  for  any  year  of  any  taxpayer
 (including any taxpayer which has elected to be taxed under subchapter s
 of  chapter one of the internal revenue code), as returned to the United
 States treasury department is changed or corrected by  the  commissioner
 of  internal  revenue  or  other  officer  of the United States or other
 competent authority, or where a renegotiation of a contract  or  subcon-
 tract with the United States results in a change in taxable income, such
 taxpayer  shall  report such changed or corrected taxable income, or the
 results of such renegotiation, within ninety days (or one hundred twenty
 days, in the case of a taxpayer making  a  combined  report  under  this
 article  for  such year) after the final determination of such change or
 correction or renegotiation, or as required  by  the  commissioner,  and
 shall  concede the accuracy of such determination or state wherein it is
 erroneous. PROVIDED HOWEVER, IF THE TAXPAYER IS  A  DIRECT  OR  INDIRECT
 PARTNER  OF  A  PARTNERSHIP REQUIRED TO REPORT ADJUSTMENTS IN ACCORDANCE
 WITH SECTION SIX HUNDRED FIFTY-NINE-A OF  THIS  CHAPTER,  SUCH  TAXPAYER
 SHALL  ALSO  REPORT  SUCH  ADJUSTMENTS  IN  ACCORDANCE  WITH SECTION SIX
 HUNDRED FIFTY-NINE-A OF THIS  CHAPTER.  The  allowance  of  a  tentative
 carryback  adjustment  based  upon a net operating loss carryback or net
 capital loss carryback pursuant to section sixty-four hundred eleven  of
 the  internal  revenue  code,  as  amended,  shall be treated as a final
 determination for purposes of this subdivision. Any taxpayer  filing  an
 amended  return  with such department shall also file within ninety days
 (or one hundred twenty days, in the case of a taxpayer making a combined
 report under this article for such year) thereafter  an  amended  report
 with the commissioner.
   § 2. Subsection (b) of section 653 of the tax law, as added by chapter
 563 of the laws of 1960, is amended to read as follows:
   (b)  Partnerships. Any return, statement or other document required of
 a partnership shall be signed by one or more partners. The fact  that  a
 partner's  name  is  signed  to  a return, statement, or other document,
 shall be prima facie evidence for all  purposes  that  such  partner  is
 authorized to sign on behalf of the partnership.
   (1) IF A PARTNERSHIP IS REQUIRED TO REPORT FEDERAL ADJUSTMENTS ARISING
 FROM  A  PARTNERSHIP LEVEL AUDIT OR AN ADMINISTRATIVE ADJUSTMENT REQUEST
 PURSUANT TO SECTION SIX HUNDRED FIFTY-NINE-A OF THIS PART, THE  PARTNER-
 SHIP'S  FEDERAL  PARTNERSHIP  REPRESENTATIVE IS THE NEW YORK PARTNERSHIP
 REPRESENTATIVE UNLESS THE PARTNERSHIP DESIGNATES, IN A MANNER DETERMINED
 S. 3009--C                         85                         A. 3009--C
 BY THE COMMISSIONER, THAT ANOTHER PERSON SHALL  ACT  ON  BEHALF  OF  THE
 PARTNERSHIP.
   (2)  THE  NEW  YORK  PARTNERSHIP  REPRESENTATIVE  SHALL  HAVE THE SOLE
 AUTHORITY TO ACT ON BEHALF OF THE PARTNERSHIP AND ITS DIRECT  AND  INDI-
 RECT PARTNERS SHALL BE BOUND BY THESE ACTIONS.
   §  3. Section 659 of the tax law, as amended by section 8 of part J of
 chapter 59 of the laws of 2014, is amended to read as follows:
   § 659. Report of federal changes, corrections or disallowances. If the
 amount of a taxpayer's federal taxable income, total taxable  amount  or
 ordinary income portion of a lump sum distribution or includible gain of
 a  trust reported on [his] THEIR federal income tax return for any taxa-
 ble year, or the amount of a taxpayer's earned income credit  or  credit
 for  employment-related expenses set forth on such return, or the amount
 of any federal foreign tax credit affecting the calculation of the cred-
 it for Canadian provincial taxes under section six hundred twenty or six
 hundred twenty-A of this article, or the amount of any  claim  of  right
 adjustment, is changed or corrected by the United States internal reven-
 ue  service or other competent authority or as the result of a renegoti-
 ation of a contract or subcontract with the United States, or the amount
 an employer is required to deduct and withhold from  wages  for  federal
 income  tax withholding purposes is changed or corrected by such service
 or authority or if a taxpayer's claim for credit or  refund  of  federal
 income  tax  is disallowed in whole or in part, the taxpayer or employer
 shall report such change or correction  or  disallowance  within  ninety
 days after the final determination of such change, correction, renegoti-
 ation or disallowance, or as otherwise required by the commissioner, and
 shall  concede the accuracy of such determination or state wherein it is
 erroneous. PROVIDED, HOWEVER, IF THE TAXPAYER IS A  DIRECT  OR  INDIRECT
 PARTNER  OF  A  PARTNERSHIP REQUIRED TO REPORT ADJUSTMENTS IN ACCORDANCE
 WITH SECTION SIX HUNDRED FIFTY-NINE-A OF THIS PART, SUCH TAXPAYER  SHALL
 ALSO  REPORT  SUCH  ADJUSTMENTS  IN  ACCORDANCE WITH SECTION SIX HUNDRED
 FIFTY-NINE-A OF THIS  PART.  The  allowance  of  a  tentative  carryback
 adjustment based upon a net operating loss carryback pursuant to section
 sixty-four  hundred eleven of the internal revenue code shall be treated
 as a final determination for purposes  of  this  section.  Any  taxpayer
 filing  an  amended federal income tax return and any employer filing an
 amended federal return of income tax withheld  shall  also  file  within
 ninety  days  thereafter an amended return under this article, and shall
 give such information as the commissioner may require. The  commissioner
 may  by regulation prescribe such exceptions to the requirements of this
 section as [he or she deems] THEY DEEM appropriate. For purposes of this
 section, (i) the term "taxpayer" shall include a  partnership  having  a
 resident partner or having any income derived from New York sources, and
 a  corporation  with  respect  to which the taxable year of such change,
 correction, disallowance or amendment is a year with  respect  to  which
 the election provided for in subsection (a) of section six hundred sixty
 of  this  article  is  in  effect, and (ii) the term "federal income tax
 return" shall include the returns of income required under sections  six
 thousand thirty-one and six thousand thirty-seven of the internal reven-
 ue  code.  In  the  case  of  such a corporation, such report shall also
 include any change or correction of the taxes  described  in  paragraphs
 two and three of subsection (f) of section thirteen hundred sixty-six of
 the internal revenue code. Reports made under this section by a partner-
 ship  or  corporation  shall  indicate the portion of the change in each
 item of income, gain, loss or deduction (and, in the case  of  a  corpo-
 ration,  of  each  change  in,  or disallowance of a claim for credit or
 S. 3009--C                         86                         A. 3009--C
 
 refund of, a tax referred to in the  preceding  sentence)  allocable  to
 each  partner or shareholder and shall set forth such identifying infor-
 mation with respect to such partner or shareholder as may be  prescribed
 by the commissioner.
   §  4.  The tax law is amended by adding a new section 659-a to read as
 follows:
   § 659-A. REPORTING OF FEDERAL PARTNERSHIP ADJUSTMENTS.    (A)  IF  ANY
 ITEM REQUIRED TO BE SHOWN ON A FEDERAL PARTNERSHIP RETURN, FOR ANY PART-
 NERSHIP  THAT HAS A RESIDENT PARTNER OR ANY INCOME DERIVED FROM NEW YORK
 SOURCES, INCLUDING ANY GROSS INCOME,  GAIN,  LOSS,  DEDUCTION,  PENALTY,
 CREDIT, OR TAX FOR ANY YEAR OF SUCH PARTNERSHIP, INCLUDING ANY AMOUNT OF
 ANY PARTNER'S DISTRIBUTIVE SHARE, IS CHANGED OR CORRECTED BY THE COMMIS-
 SIONER  OF  INTERNAL  REVENUE  OR  OTHER OFFICER OF THE UNITED STATES OR
 OTHER COMPETENT AUTHORITY, AND THE PARTNERSHIP IS ISSUED  AN  ADJUSTMENT
 UNDER SECTION SIXTY-TWO HUNDRED TWENTY-FIVE OF THE INTERNAL REVENUE CODE
 OR  MAKES  A  FEDERAL ELECTION FOR ALTERNATIVE PAYMENT WITH THE INTERNAL
 REVENUE SERVICE AS PART OF A PARTNERSHIP LEVEL AUDIT, OR FILES AN ADMIN-
 ISTRATIVE ADJUSTMENT REQUEST,  THE  PARTNERSHIP  SHALL  REPORT,  IN  THE
 MANNER  PRESCRIBED  BY  THE  COMMISSIONER,  EACH CHANGE OR CORRECTION IN
 SUFFICIENT DETAIL TO ALLOW FOR THE  COMPUTATION  OF  THE  NEW  YORK  TAX
 CHANGE  OR CORRECTION FOR THE REVIEWED YEAR WITHIN NINETY DAYS AFTER THE
 DATE OF EACH FINAL FEDERAL  DETERMINATION,  OR  NINETY  DAYS  AFTER  THE
 FILING OF AN ADMINISTRATIVE ADJUSTMENT REQUEST.
   (B)  DEFINITIONS.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1)  "ADMINISTRATIVE  ADJUSTMENT  REQUEST"  MEANS  AN   ADMINISTRATIVE
 ADJUSTMENT  REQUEST  FILED  BY  A  PARTNERSHIP  UNDER  SECTION SIXTY-TWO
 HUNDRED TWENTY-SEVEN OF THE INTERNAL REVENUE CODE.
   (2) "DIRECT PARTNER" MEANS A PARTNER THAT HOLDS AN  INTEREST  DIRECTLY
 IN AN IMPACTED PARTNERSHIP DURING THE REVIEWED YEAR.
   (3)  "FEDERAL  ELECTION  FOR  ALTERNATIVE  PAYMENT" MEANS THE ELECTION
 DESCRIBED IN SECTION SIXTY-TWO HUNDRED TWENTY-SIX OF THE INTERNAL REVEN-
 UE CODE, RELATING TO ALTERNATIVE  PAYMENT  OF  IMPUTED  UNDERPAYMENT  BY
 PARTNERSHIP.
   (4)  "FINAL  FEDERAL  ADJUSTMENT"  MEANS  A CHANGE TO AN ITEM OF GROSS
 INCOME, GAIN, LOSS, DEDUCTION, PENALTY, CREDIT, OR A PARTNER'S DISTRIBU-
 TIVE SHARE, OF AN IMPACTED PARTNERSHIP DETERMINED UNDER  SECTION  SIXTY-
 TWO  HUNDRED TWENTY-FIVE OF THE INTERNAL REVENUE CODE THAT IS CONSIDERED
 FIXED AND FINAL UNDER THE INTERNAL REVENUE CODE.
   (5) "FINAL FEDERAL DETERMINATION DATE" MEANS THE DATE  ON  WHICH  EACH
 ADJUSTMENT  OR  RESOLUTION  RESULTING  FROM  AN INTERNAL REVENUE SERVICE
 EXAMINATION IS ASSESSED PURSUANT TO SECTION SIXTY-TWO HUNDRED  THREE  OF
 THE INTERNAL REVENUE CODE.
   (6)  "IMPACTED  PARTNERSHIP" MEANS A PARTNERSHIP THAT (I) WAS ISSUED A
 FINAL FEDERAL ADJUSTMENT; OR (II) MADE A FEDERAL ELECTION  FOR  ALTERNA-
 TIVE  PAYMENT  WITH  THE  INTERNAL  REVENUE SERVICE AS PART OF A FEDERAL
 PARTNERSHIP LEVEL AUDIT; OR (III)  FILED  AN  ADMINISTRATIVE  ADJUSTMENT
 REQUEST WITH THE INTERNAL REVENUE SERVICE.
   (7)  "INDIRECT  PARTNER"  MEANS A PARTNER, MEMBER, OR SHAREHOLDER IN A
 PARTNERSHIP OR OTHER PASS-THROUGH ENTITY THAT ITSELF  HELD  AN  INTEREST
 INDIRECTLY, OR THROUGH ANOTHER INDIRECT PARTNER, IN AN IMPACTED PARTNER-
 SHIP DURING THE REVIEWED YEAR.
   (8)  "NEW  YORK  ELECTION  FOR ALTERNATIVE PAYMENT" MEANS THE ELECTION
 DESCRIBED IN PARAGRAPH THREE OF SUBSECTION (D) OF THIS SECTION, RELATING
 TO PAYMENT BY THE IMPACTED PARTNERSHIP IN LIEU  OF  TAXES  OWED  BY  ITS
 DIRECT AND INDIRECT PARTNERS.
 S. 3009--C                         87                         A. 3009--C
   (9)  "REVIEWED  YEAR"  HAS  THE  MEANING  PROVIDED IN PARAGRAPH ONE OF
 SUBSECTION (D) OF SECTION SIXTY-TWO HUNDRED TWENTY-FIVE OF THE  INTERNAL
 REVENUE CODE.
   (10)  "TIERED  PARTNER"  MEANS  ANY PARTNER IN AN IMPACTED PARTNERSHIP
 WHERE SUCH PARTNER IS A  PARTNERSHIP,  S  CORPORATION,  OR  OTHER  PASS-
 THROUGH ENTITY FOR NEW YORK TAX PURPOSES.
   (C)  REPORTING  ADJUSTMENTS  TO FEDERAL TAXABLE INCOME. WHERE PARTNER-
 SHIPS AND PARTNERS WERE REQUIRED TO REPORT FINAL FEDERAL ADJUSTMENTS  OR
 ADMINISTRATIVE  ADJUSTMENT  REQUESTS FOR FEDERAL PURPOSES BY TAKING SUCH
 ADJUSTMENTS INTO ACCOUNT ON A TIMELY FILED AMENDED  FEDERAL  INCOME  TAX
 RETURN  FOR  THE  REVIEWED  YEAR,  SUCH  PARTNERSHIPS AND PARTNERS SHALL
 REPORT AND PAY ANY NEW YORK TAX OWED UNDER ARTICLE  NINE-A,  TWENTY-TWO,
 THIRTY-THREE, OR ANY LAW AUTHORIZED BY ARTICLE THIRTY OF THIS CHAPTER IN
 THE  SAME  MANNER FOR THE REVIEWED YEAR.  SUCH PARTNERSHIPS AND PARTNERS
 SHALL REPORT FINAL FEDERAL ADJUSTMENTS ARISING FROM AN  AUDIT  OR  OTHER
 ACTION  BY THE INTERNAL REVENUE SERVICE OR REPORTED BY THE TAXPAYER ON A
 TIMELY FILED AMENDED FEDERAL INCOME TAX RETURN, INCLUDING  A  RETURN  OR
 OTHER  SIMILAR  REPORT FILED PURSUANT TO SECTION SIXTY-TWO HUNDRED TWEN-
 TY-FIVE OF THE INTERNAL REVENUE CODE, OR FEDERAL  CLAIM  FOR  REFUND  BY
 FILING  A  FEDERAL  ADJUSTMENTS REPORT AND, IF APPLICABLE, SUCH PARTNER-
 SHIPS AND PARTNERS SHALL PAY THE ADDITIONAL TAX DUE NO  LATER  THAN  ONE
 HUNDRED EIGHTY DAYS AFTER THE FINAL DETERMINATION DATE.
   (D)  REPORTING  FEDERAL  ADJUSTMENTS  PURSUANT  TO A PARTNERSHIP LEVEL
 AUDIT AND ADMINISTRATIVE  ADJUSTMENT  REQUEST.  EXCEPT  FOR  ADJUSTMENTS
 REQUIRED  TO  BE REPORTED UNDER SUBSECTION (C) OF THIS SECTION, PARTNER-
 SHIPS AND PARTNERS SHALL REPORT FINAL FEDERAL ADJUSTMENTS ARISING FROM A
 PARTNERSHIP LEVEL AUDIT OR AN ADMINISTRATIVE ADJUSTMENT REQUEST AND MAKE
 PAYMENTS AS REQUIRED UNDER THIS SUBSECTION IN THE YEAR OF ADJUSTMENT.
   (1) UNLESS A DE MINIMIS  EXCEPTION  APPLIES,  IMPACTED    PARTNERSHIPS
 MUST  REPORT ANY FINAL FEDERAL ADJUSTMENTS AND ADMINISTRATIVE ADJUSTMENT
 REQUESTS REGARDLESS OF   TAX   IMPACT.   SUCH REPORT  MUST  INCLUDE  THE
 IMPACTED PARTNERSHIP'S DIRECT AND INDIRECT PARTNER  IDENTIFYING INFORMA-
 TION AND ANY OTHER INFORMATION THE COMMISSIONER MAY REQUIRE.
   (2)  EXCEPT FOR THOSE SUBJECT TO A PROPERLY MADE ELECTION FOR ALTERNA-
 TIVE PAYMENT UNDER PARAGRAPH THREE OF THIS SUBSECTION,  ANY  CHANGES  OR
 CORRECTIONS  MADE  BY  THE  INTERNAL  REVENUE SERVICE PURSUANT TO SUCH A
 FINAL FEDERAL ADJUSTMENT OR AS A RESULT OF AN ADMINISTRATIVE  ADJUSTMENT
 REQUEST MUST BE REPORTED BY THE IMPACTED PARTNERSHIP AS FOLLOWS:
   (A)  NO LATER THAN NINETY DAYS AFTER THE FINAL DETERMINATION DATE, THE
 PARTNERSHIP SHALL:
   (I) FILE A COMPLETED FEDERAL ADJUSTMENTS REPORT, INCLUDING ANY  INFOR-
 MATION AS REQUIRED BY THE COMMISSIONER;
   (II) NOTIFY EACH OF ITS DIRECT PARTNERS OF THEIR DISTRIBUTIVE SHARE OF
 THE  FINAL FEDERAL ADJUSTMENT, INCLUDING ANY INFORMATION REQUIRED BY THE
 COMMISSIONER;
   (III) FILE AN AMENDED  RETURN  AS  REQUIRED  UNDER  PARAGRAPH  ONE  OF
 SUBSECTION  (C)  OF  SECTION  SIX  HUNDRED  FIFTY-EIGHT  AND SECTION SIX
 HUNDRED FIFTY-NINE OF THIS ARTICLE FOR THE REVIEWED YEAR;
   (IV) FILE AN AMENDED GROUP RETURN IF THE PARTNERSHIP ORIGINALLY  FILED
 A GROUP RETURN, AND REMIT THE ADDITIONAL AMOUNT THAT WOULD HAVE BEEN DUE
 UNDER  SUBSECTION (C) OF SECTION SIX HUNDRED FIFTY-EIGHT OF THIS ARTICLE
 HAD THE FINAL FEDERAL ADJUSTMENTS BEEN PROPERLY REPORTED  ORIGINALLY  AS
 REQUIRED; AND
   (V)  REMIT ANY ADDITIONAL AMOUNTS THAT WOULD HAVE BEEN DUE UNDER PARA-
 GRAPH FOUR OF SUBSECTION (C) OF SECTION SIX HUNDRED FIFTY-EIGHT OF  THIS
 S. 3009--C                         88                         A. 3009--C
 
 ARTICLE  HAD  THE  FINAL  FEDERAL  ADJUSTMENTS  BEEN PROPERLY ORIGINALLY
 REPORTED AS REQUIRED.
   (B)  NO  LATER  THAN  ONE HUNDRED EIGHTY DAYS AFTER THE FINAL DETERMI-
 NATION DATE, EACH DIRECT PARTNER OF  AN  IMPACTED  PARTNERSHIP  THAT  IS
 TAXED UNDER ARTICLE NINE-A, TWENTY-TWO, THIRTY-THREE, OR ANY LAW AUTHOR-
 IZED BY ARTICLE THIRTY OF THIS CHAPTER, OTHER THAN A DIRECT PARTNER THAT
 IS  INCLUDED  ON A GROUP RETURN UNDER CLAUSE (IV) OF SUBPARAGRAPH (A) OF
 THIS PARAGRAPH, SHALL:
   (I) FILE A FEDERAL ADJUSTMENTS  REPORT  REPORTING  THEIR  DISTRIBUTIVE
 SHARE  OF  THE  ADJUSTMENTS REPORTED TO THEM BY THE IMPACTED PARTNERSHIP
 UNDER CLAUSE (II) OF SUBPARAGRAPH (A) OF THIS PARAGRAPH; AND
   (II) REMIT ANY ADDITIONAL AMOUNT OF TAX  DUE,  PLUS  ANY  PENALTY  AND
 INTEREST  COMPUTED  UNDER  THIS  ARTICLE  BASED  ON  THE DUE DATE OF THE
 ORIGINALLY FILED RETURN FOR THE  REVIEWED  YEAR,  LESS  ANY  CREDIT  FOR
 AMOUNTS PAID OR WITHHELD AND REMITTED ON BEHALF OF THE DIRECT PARTNER.
   (3)  NEW  YORK ELECTION FOR ALTERNATIVE PAYMENT BY THE PARTNERSHIP. AN
 IMPACTED PARTNERSHIP MAKING AN ELECTION UNDER THIS SUBSECTION SHALL:
   (A) NO LATER THAN NINETY DAYS AFTER THE FINAL DETERMINATION DATE, FILE
 A COMPLETED FEDERAL ADJUSTMENTS REPORT,  INCLUDING  ANY  INFORMATION  AS
 REQUIRED BY THE COMMISSIONER, AND PROVIDE NOTICE, IN THE MANNER REQUIRED
 BY  THE  COMMISSIONER,  THAT  IT  IS  MAKING  THE  ELECTION  UNDER  THIS
 SUBSECTION.
   (B) NO LATER THAN ONE HUNDRED EIGHTY DAYS  AFTER  THE  FINAL  DETERMI-
 NATION  DATE,  PAY  AN  AMOUNT,  IN LIEU OF TAXES OWED BY ITS DIRECT AND
 INDIRECT PARTNERS. SUCH AMOUNT SHALL BE DETERMINED BASED ON THE  SUM  OF
 THE FOLLOWING:
   (I)  FOR  DIRECT PARTNERS SUBJECT TO TAX PURSUANT TO ARTICLE NINE-A OR
 THIRTY-THREE OF  THIS  CHAPTER  IN  THE  REVIEWED  YEAR,  THE  PARTNER'S
 DISTRIBUTIVE  SHARE OF GROSS INCOME OR GAIN AND DEDUCTION APPORTIONED TO
 NEW YORK USING THE APPORTIONMENT RULES DESCRIBED IN  ARTICLE  NINE-A  OF
 THIS  CHAPTER  MULTIPLIED  BY  THE  HIGHEST  TAX RATE UNDER SUCH ARTICLE
 NINE-A IN EFFECT FOR THE REVIEWED YEAR; AND
   (II) FOR A DIRECT PARTNER SUBJECT TO TAX UNDER THIS  ARTICLE  THAT  IS
 TREATED  AS A NONRESIDENT PURSUANT TO PARAGRAPH TWO OF SUBSECTION (B) OF
 SECTION SIX HUNDRED FIVE OF THIS ARTICLE IN THE REVIEWED YEAR, THE PART-
 NER'S DISTRIBUTIVE SHARE OF GROSS INCOME OR GAIN AND DEDUCTION ALLOCATED
 TO NEW YORK USING THE ALLOCATION RULES DESCRIBED IN THIS ARTICLE  MULTI-
 PLIED  BY  THE  HIGHEST  TAX  RATE  UNDER THIS ARTICLE IN EFFECT FOR THE
 REVIEWED YEAR; AND
   (III) FOR A DIRECT PARTNER SUBJECT TO TAX UNDER THIS ARTICLE  THAT  IS
 TREATED  AS  A  RESIDENT  PURSUANT TO PARAGRAPH ONE OF SUBSECTION (B) OF
 SECTION SIX HUNDRED FIVE OF THIS ARTICLE IN THE REVIEWED YEAR, THE PART-
 NER'S DISTRIBUTIVE SHARE OF GROSS INCOME OR GAIN  AND  DEDUCTION  MULTI-
 PLIED  BY  THE  HIGHEST  TAX  RATE  UNDER THIS ARTICLE IN EFFECT FOR THE
 REVIEWED YEAR; AND
   (IV) FOR A DIRECT PARTNER SUBJECT TO TAX UNDER ARTICLE THIRTY OF  THIS
 CHAPTER  THAT  IS  TREATED  AS  A RESIDENT PURSUANT TO SUBSECTION (A) OF
 SECTION THIRTEEN HUNDRED FIVE OF THIS CHAPTER IN THE REVIEWED YEAR,  THE
 AMOUNT  DESCRIBED IN CLAUSE (III) OF THIS SUBPARAGRAPH AND THE PARTNER'S
 DISTRIBUTIVE SHARE OF GROSS INCOME OR GAIN AND DEDUCTION  MULTIPLIED  BY
 THE HIGHEST TAX RATE UNDER SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER
 IN EFFECT FOR THE REVIEWED YEAR; AND
   (V) FOR TIERED PARTNERS, INCLUDE THE SUM OF:
   (I)  THE AMOUNT OF GROSS INCOME, GAIN OR DEDUCTION FROM THE ADJUSTMENT
 THAT WOULD ULTIMATELY FLOW TO A TAXPAYER SUBJECT TO  TAX  UNDER  ARTICLE
 NINE-A  OR THIRTY-THREE OF THIS CHAPTER IN THE REVIEWED YEAR APPORTIONED
 S. 3009--C                         89                         A. 3009--C
 
 TO NEW YORK USING THE APPORTIONMENT RULES DESCRIBED IN ARTICLE NINE-A OF
 THIS CHAPTER MULTIPLIED BY THE  HIGHEST  TAX  RATE  UNDER  SUCH  ARTICLE
 NINE-A IN EFFECT FOR THE REVIEWED YEAR; AND
   (II) THE AMOUNT OF GROSS INCOME, GAIN OR DEDUCTION FROM THE ADJUSTMENT
 THAT WOULD ULTIMATELY FLOW TO A TAXPAYER SUBJECT TO TAX UNDER THIS ARTI-
 CLE AND TREATED AS A NONRESIDENT PURSUANT TO PARAGRAPH TWO OF SUBSECTION
 (B)  OF  SECTION  SIX  HUNDRED FIVE OF THIS ARTICLE IN THE REVIEWED YEAR
 ALLOCATED TO NEW YORK USING THE ALLOCATION RULES DESCRIBED IN THIS ARTI-
 CLE MULTIPLIED BY THE HIGHEST TAX RATE UNDER THIS ARTICLE IN EFFECT  FOR
 THE REVIEWED YEAR; AND
   (III)  THE  AMOUNT OF GROSS INCOME, GAIN OR DEDUCTION FROM THE ADJUST-
 MENT THAT WOULD ULTIMATELY FLOW TO A TAXPAYER SUBJECT TO TAX UNDER  THIS
 ARTICLE  AND  TREATED  AS  A  RESIDENT  PURSUANT  TO  PARAGRAPH  ONE  OF
 SUBSECTION (B) OF SECTION SIX  HUNDRED  FIVE  OF  THIS  ARTICLE  IN  THE
 REVIEWED  YEAR  MULTIPLIED BY THE HIGHEST TAX RATE UNDER THIS ARTICLE IN
 EFFECT FOR THE REVIEWED YEAR; AND
   (IV) ANY AMOUNT OF GROSS INCOME, GAIN OR DEDUCTION FROM THE ADJUSTMENT
 THAT CANNOT BE ESTABLISHED  TO  BE  PROPERLY  ALLOCABLE  TO  A  TAXPAYER
 DESCRIBED IN ITEMS (I) OR (II) OF THIS CLAUSE, MULTIPLIED BY THE HIGHEST
 TAX RATE UNDER THIS ARTICLE IN EFFECT FOR THE REVIEWED YEAR; AND
   (VI) ANY APPLICABLE PENALTY AND INTEREST AS REQUIRED BY THIS ARTICLE.
   (4)  TIERED  PARTNERS. THE DIRECT AND INDIRECT PARTNERS OF AN IMPACTED
 PARTNERSHIP THAT ARE TIERED PARTNERS, AND ALL OF THE PARTNERS  OF  THOSE
 TIERED  PARTNERS  THAT  ARE SUBJECT TO TAX UNDER ARTICLE NINE-A, TWENTY-
 TWO, THIRTY-THREE, OR ANY LAW AUTHORIZED BY ARTICLE THIRTY OF THIS CHAP-
 TER, ARE SUBJECT TO THE REPORTING AND PAYMENT REQUIREMENTS OF  PARAGRAPH
 TWO  OF THIS SUBSECTION AND THE TIERED PARTNERS ARE ENTITLED TO MAKE THE
 ELECTIONS PROVIDED IN PARAGRAPHS THREE AND FIVE OF THIS SUBSECTION.  THE
 TIERED  PARTNERS  OR  THEIR PARTNERS SHALL MAKE ALL REQUIRED REPORTS AND
 PAYMENTS NO LATER THAN  NINETY  DAYS  AFTER  THE  TIME  FOR  FILING  AND
 FURNISHING  STATEMENTS TO TIERED PARTNERS AND THEIR PARTNERS PURSUANT TO
 SECTION SIXTY-TWO HUNDRED TWENTY-SIX OF THE INTERNAL  REVENUE  CODE  AND
 THE REGULATIONS THEREUNDER.
   (5)  MODIFIED REPORTING AND PAYMENT METHOD.  IN THE MANNER REQUIRED BY
 THE COMMISSIONER, AN IMPACTED PARTNERSHIP OR TIERED  PARTNER  MAY  ENTER
 INTO  AN  AGREEMENT  WITH  THE  COMMISSIONER  TO  UTILIZE AN ALTERNATIVE
 REPORTING AND PAYMENT METHOD, INCLUDING APPLICABLE TIME REQUIREMENTS  OR
 ANY  OTHER  PROVISION  OF  THIS  SECTION, IF THE IMPACTED PARTNERSHIP OR
 TIERED PARTNER DEMONSTRATES THAT THE REQUESTED  METHOD  WILL  REASONABLY
 PROVIDE  FOR THE REPORTING AND PAYMENT OF TAXES, PENALTIES, AND INTEREST
 DUE UNDER THE PROVISIONS OF THIS SECTION, OR IF THE IMPACTED PARTNERSHIP
 OR TIERED PARTNER CAN SHOW THAT THEIR DIRECT  PARTNERS  HAVE  AGREED  TO
 ALLOW  A REFUND OF THE TAX TO THE ENTITY. APPLICATION FOR APPROVAL OF AN
 ALTERNATIVE REPORTING AND PAYMENT METHOD MUST BE MADE  BY  THE  IMPACTED
 PARTNERSHIP  OR  TIERED PARTNER WITHIN THE TIME FOR ELECTION AS PROVIDED
 IN PARAGRAPH THREE OR FOUR OF THIS SUBSECTION, AS APPROPRIATE.
   (6) EFFECT OF ELECTION BY IMPACTED PARTNERSHIP OR TIERED  PARTNER  AND
 PAYMENT  OF  AMOUNT  DUE.    (A) THE ELECTION MADE PURSUANT TO PARAGRAPH
 THREE OR FIVE OF THIS SUBSECTION IS IRREVOCABLE, UNLESS THE  COMMISSION-
 ER, IN THEIR DISCRETION, DETERMINES OTHERWISE.
   (B)  IF  PROPERLY  REPORTED  AND  PAID  BY THE IMPACTED PARTNERSHIP OR
 TIERED PARTNER, THE AMOUNT DETERMINED IN SUBPARAGRAPH (B)  OF  PARAGRAPH
 THREE OF THIS SUBSECTION, OR SIMILARLY UNDER AN OPTIONAL ELECTION PURSU-
 ANT  TO  PARAGRAPH FIVE OF THIS SUBSECTION, WILL BE TREATED AS A PAYMENT
 IN LIEU OF TAXES OWED BY ITS DIRECT AND INDIRECT PARTNERS, TO THE EXTENT
 APPLICABLE, ON THE SAME FINAL FEDERAL ADJUSTMENT. THE DIRECT PARTNERS OR
 S. 3009--C                         90                         A. 3009--C
 INDIRECT PARTNERS MAY NOT TAKE ANY DEDUCTION OR CREDIT FOR  THIS  AMOUNT
 OR  CLAIM  A  REFUND  OF SUCH AMOUNT. PROVIDED, HOWEVER, THAT NOTHING IN
 THIS PARAGRAPH SHALL PRECLUDE A RESIDENT DIRECT PARTNER FROM CLAIMING  A
 CREDIT  AGAINST TAXES PAID TO THE COMMISSIONER PURSUANT TO ARTICLE TWEN-
 TY-TWO OF THIS CHAPTER FOR ANY AMOUNTS PAID BY THE IMPACTED  PARTNERSHIP
 OR  TIERED PARTNER ON SUCH RESIDENT PARTNER'S BEHALF TO ANOTHER STATE OR
 LOCAL TAX JURISDICTION IN ACCORDANCE WITH THE PROVISIONS OF SECTION  SIX
 HUNDRED TWENTY OF THIS ARTICLE.
   (7)  FAILURE  OF  IMPACTED  PARTNERSHIP OR TIERED PARTNER TO REPORT OR
 REMIT. NOTHING IN  THIS   SECTION   SHALL   PREVENT   THE   COMMISSIONER
 FROM  ASSESSING DIRECT OR INDIRECT PARTNERS FOR ANY TAXES DUE, USING THE
 BEST INFORMATION AVAILABLE, IN THE EVENT THAT AN IMPACTED   PARTNERSHIP,
 OR  A  DIRECT  OR INDIRECT PARTNER OF AN IMPACTED PARTNERSHIP,  FAILS TO
 TIMELY REPORT OR REMIT ANY REPORT OR ADDITIONAL TAXES  DUE  REQUIRED  BY
 THIS SECTION FOR ANY REASON.
   (E)  DE  MINIMIS EXCEPTION. THE COMMISSIONER SHALL HAVE THE DISCRETION
 TO PROMULGATE REGULATIONS TO ESTABLISH A DE MINIMIS AMOUNT UPON WHICH  A
 TAXPAYER SHALL NOT BE REQUIRED TO COMPLY WITH SUBSECTIONS (C) AND/OR (D)
 OF THIS SECTION.
   (F)  ESTIMATED  TAX  PAYMENTS DURING THE COURSE OF A FEDERAL AUDIT. AN
 IMPACTED PARTNERSHIP MAY MAKE ESTIMATED PAYMENTS OF THE TAX EXPECTED  TO
 RESULT  FROM  A PENDING INTERNAL REVENUE SERVICE AUDIT, PRIOR TO THE DUE
 DATE OF THE FEDERAL ADJUSTMENTS REPORT AND PRIOR TO  FILING  THE  REPORT
 WITH  THE  COMMISSIONER.  IF  AN IMPACTED PARTNERSHIP MAKES AN ESTIMATED
 PAYMENT UNDER THIS SUBSECTION, OTHER  THAN  AN  ESTIMATED  PAYMENT  MADE
 UNDER  PARAGRAPH  FOUR  OF  SUBSECTION (C) OF SECTION SIX HUNDRED FIFTY-
 EIGHT OF THIS ARTICLE, SUCH ESTIMATED PAYMENT MUST BE ACCOMPANIED BY  AN
 IRREVOCABLE  ELECTION  UNDER  PARAGRAPH  THREE OF SUBSECTION (D) OF THIS
 SECTION. THE ESTIMATED TAX PAYMENTS SHALL BE CREDITED  AGAINST  ANY  TAX
 LIABILITY  ULTIMATELY  FOUND  TO  BE  DUE  AND WILL LIMIT THE ACCRUAL OF
 FURTHER STATUTORY INTEREST ON SUCH AMOUNT. IF THE ESTIMATED TAX PAYMENTS
 EXCEED THE FINAL TAX LIABILITY AND STATUTORY INTEREST ULTIMATELY  DETER-
 MINED  TO  BE DUE, THE TAXPAYER IS ENTITLED TO A REFUND OR CREDIT OF THE
 EXCESS, PROVIDED THE TAXPAYER FILES  A  FEDERAL  ADJUSTMENTS  REPORT  OR
 CLAIM FOR REFUND OR CREDIT OF TAX PURSUANT TO SECTION SIX HUNDRED EIGHT-
 Y-SIX OF THIS ARTICLE, NO LATER THAN ONE YEAR FOLLOWING THE FINAL DETER-
 MINATION DATE.
   (G)  CLAIMS  FOR REFUND OR CREDITS OF TAX ARISING FROM A FINAL FEDERAL
 ADJUSTMENT. EXCEPT FOR FINAL FEDERAL ADJUSTMENTS REQUIRED TO BE REPORTED
 FOR THE YEAR OF THE ADJUSTMENT, A TAXPAYER MAY FILE A CLAIM  FOR  REFUND
 OR CREDIT OF TAX ARISING FROM FEDERAL ADJUSTMENTS ON OR BEFORE THE LATER
 OF:
   (1)  THE  EXPIRATION  OF THE LAST DAY FOR FILING A CLAIM FOR REFUND OR
 CREDIT PURSUANT TO SECTION SIX HUNDRED  EIGHTY-SEVEN  OF  THIS  ARTICLE,
 INCLUDING ANY EXTENSIONS; OR
   (2)  ONE  YEAR  FROM  THE DATE A FEDERAL ADJUSTMENT REPORT PURSUANT TO
 SUBSECTION (C) OR (D) OF THIS SECTION, AS APPLICABLE, WAS DUE, INCLUDING
 ANY EXTENSIONS PURSUANT TO SUBSECTION (H) OF THIS SECTION.
   (H) SCOPE OF ADJUSTMENTS AND EXTENSIONS OF TIME.  (1) UNLESS OTHERWISE
 AGREED IN WRITING BY THE TAXPAYER AND THE COMMISSIONER, ANY  ADJUSTMENTS
 BY THE COMMISSIONER OR THE TAXPAYER MADE AFTER THE PERIOD OF LIMITATIONS
 FOR  ASSESSMENT  OR  REFUND HAS TERMINATED UNDER ARTICLE NINE-A, TWENTY-
 TWO, THIRTY-THREE, OR ANY LAW AUTHORIZED BY ARTICLE THIRTY OF THIS CHAP-
 TER, IS LIMITED TO CHANGES TO THE TAXPAYER'S TAX LIABILITY ARISING  FROM
 SUCH A FINAL FEDERAL ADJUSTMENT.
   (2) THE TIME PERIODS PROVIDED FOR IN THIS SECTION MAY BE EXTENDED:
 S. 3009--C                         91                         A. 3009--C
 
   (A)  AUTOMATICALLY,  UPON WRITTEN NOTICE TO THE COMMISSIONER, BY SIXTY
 DAYS FOR AN IMPACTED PARTNERSHIP OR TIERED PARTNER WHICH HAS  TEN  THOU-
 SAND OR MORE DIRECT PARTNERS; OR
   (B) BY WRITTEN AGREEMENT BETWEEN THE TAXPAYER AND THE COMMISSIONER.
   (3)  ANY  EXTENSION GRANTED UNDER THIS SUBSECTION FOR FILING A FEDERAL
 ADJUSTMENTS REPORT EXTENDS THE LAST DAY PRESCRIBED BY LAW FOR  ASSESSING
 ANY  ADDITIONAL  TAX  ARISING  FROM  THE  ADJUSTMENTS TO FEDERAL TAXABLE
 INCOME AND THE PERIOD FOR FILING A CLAIM FOR REFUND OR CREDIT  OF  TAXES
 UNDER ARTICLE NINE-A, TWENTY-TWO, THIRTY-THREE, OR ANY LAW AUTHORIZED BY
 ARTICLE THIRTY OF THIS CHAPTER.
   § 5. Subsection (e) of section 681 of the tax law, as amended by chap-
 ter 381 of the laws of 1975, paragraph 1 as amended by chapter 28 of the
 laws of 1987, is amended to read as follows:
   (e) Exceptions where federal changes, corrections or disallowances are
 not reported.---
   (1)  If  the  taxpayer  or  employer  fails to comply with section six
 hundred fifty-nine OR SECTION SIX HUNDRED FIFTY-NINE-A, instead  of  the
 mode  and  time  of  assessment  provided  for in subsection (b) of this
 section, the [tax commission] COMMISSIONER may assess a deficiency based
 upon such federal change, correction or disallowance by mailing  to  the
 taxpayer  a  notice  of  additional tax due specifying the amount of the
 deficiency, and such deficiency, together with the  interest,  additions
 to  tax and penalties stated in such notice, shall be deemed assessed on
 the date such notice is mailed unless within thirty days after the mail-
 ing of such notice a report of the federal change, correction or  disal-
 lowance  or an amended return, where such return was required by section
 six hundred fifty-nine OR SECTION SIX  HUNDRED  FIFTY-NINE-A,  is  filed
 accompanied  by  a  statement showing wherein such federal determination
 and such notice of additional tax due are erroneous.
   (2) Such notice shall not be considered as a notice of deficiency  for
 the  purposes  of  this  section,  subsection (f) of section six hundred
 eighty-seven (limiting credits or refunds after  petition  to  the  [tax
 commission]  DIVISION  OF TAX APPEALS), or subsection (b) of section six
 hundred eighty-nine (authorizing the filing of a petition with the  [tax
 commission]  DIVISION  OF  TAX APPEALS based on a notice of deficiency),
 nor shall such assessment or the collection thereof be prohibited by the
 provisions of subsection (c).
   (3) If [a husband and wife] SPOUSES are  jointly  liable  for  tax,  a
 notice  of  additional tax due may be a single joint notice, except that
 if the [tax commission] COMMISSIONER has been notified by either  spouse
 that  separate  residences  have  been established, then, in lieu of the
 joint notice, a duplicate original of the joint notice shall  be  mailed
 to  each  spouse  at  [his or her] THEIR last known address in or out of
 this state. If the taxpayer is deceased or under a legal  disability,  a
 notice  of  additional  tax  due may be mailed to [his] THEIR last known
 address in or out of this state, unless the [tax commission] COMMISSION-
 ER has received notice of the existence of a fiduciary relationship with
 respect to the taxpayer.
   § 6. Subsection (a) of section 682 of  the  tax  law,  as  amended  by
 section  3  of  part  F of chapter 60 of the laws of 2004, is amended to
 read as follows:
   (a) Assessment date.--The amount of tax which a  return  shows  to  be
 due,  or the amount of tax which a return would have shown to be due but
 for a mathematical or clerical error, shall be deemed to be assessed  on
 the  date  of filing of the return (including any amended return showing
 an increase of tax). In the case of  a  return  properly  filed  without
 S. 3009--C                         92                         A. 3009--C
 
 computation of tax, the tax computed by the commissioner shall be deemed
 to be assessed on the date on which payment is due. If a notice of defi-
 ciency  has been mailed, the amount of the deficiency shall be deemed to
 be  assessed  on  the  date  specified  in subsection (b) of section six
 hundred eighty-one if no petition to the  division  of  tax  appeals  is
 filed,  or  if  a  petition is filed, then upon the date when a determi-
 nation or decision rendered in the division of tax appeals  establishing
 the  amount  of  the  deficiency  becomes final. If an amended return or
 report filed pursuant to section six hundred fifty-nine OR  SIX  HUNDRED
 FIFTY-NINE-A  concedes  the  accuracy of a federal change or correction,
 any deficiency in tax under this article resulting  therefrom  shall  be
 deemed  to  be  assessed  on  the  date of filing such report or amended
 return, and such assessment shall be timely notwithstanding section  six
 hundred  eighty-three.  If a notice of additional tax due, as prescribed
 in subsection (e) of section six hundred eighty-one,  has  been  mailed,
 the  amount of the deficiency shall be deemed to be assessed on the date
 specified in such subsection unless within thirty days after the mailing
 of such notice a report of  the  federal  change  or  correction  or  an
 amended  return,  where  such return was required by section six hundred
 fifty-nine OR SIX HUNDRED FIFTY-NINE-A, is filed accompanied by a state-
 ment showing wherein such federal determination and such notice of addi-
 tional tax due are erroneous. Any amount paid as a tax or in respect  of
 a  tax,  other  than amounts withheld at the source or paid as estimated
 income tax, shall be deemed to be assessed upon the date of  receipt  of
 payment, notwithstanding any other provisions.
   § 7. Paragraphs 1, 2 and 3 of subsection (c) of section 683 of the tax
 law, paragraph 1 as amended by chapter 526 of the laws of 1973, subpara-
 graph  (C)  of  paragraph 1 and paragraph 3 as amended by  chapter 28 of
 the laws of 1987 and paragraph 2 as added by chapter 1011 of the laws of
 1962, are amended to read as follows:
   (1) Assessment at any time.--The tax may be assessed at any time if--
   (A) no return is filed,
   (B) a false or fraudulent return is filed with intent to evade tax, or
   (C) the taxpayer or employer fails to comply with section six  hundred
 fifty-nine OR SIX HUNDRED FIFTY-NINE-A.
   (2)  Extension by agreement.--Where, before the expiration of the time
 prescribed in this section for the assessment  of  tax,  both  the  [tax
 commission]  COMMISSIONER  and the taxpayer have consented in writing to
 its assessment after such time, the tax may  be  assessed  at  any  time
 prior  to the expiration of the period agreed upon. The period so agreed
 upon may be extended by subsequent agreements in writing made before the
 expiration of the period previously agreed upon.
   (3) Report of federal changes, corrections or  disallowances.--If  the
 taxpayer or employer complies with section six hundred fifty-nine OR SIX
 HUNDRED  FIFTY-NINE-A,  the  assessment (if not deemed to have been made
 upon the filing of the report or amended return) may be made at any time
 within two years after such report or  amended  return  was  filed.  The
 amount  of  such  assessment  of  tax shall not exceed the amount of the
 increase in  New  York  tax  attributable  to  such  federal  change  or
 correction.  The  provisions of this paragraph shall not affect the time
 within which or the amount for which  an  assessment  may  otherwise  be
 made.
   §  8.  Paragraph 2 of subsection (h) of section 685 of the tax law, as
 amended by section 5 of part I of chapter 59 of the  laws  of  2014,  is
 amended to read as follows:
 S. 3009--C                         93                         A. 3009--C
 
   (2)  If  any  partnership,  S corporation, or trust required to file a
 return or report under subsection (c) or subsection (f) of  section  six
 hundred  fifty-eight  or  under  section  six  hundred fifty-nine OR SIX
 HUNDRED FIFTY-NINE-A of this article for any taxable year fails to  file
 such  return  or report at the time prescribed therefor (determined with
 regard to any extension of time for filing), or files a return or report
 which fails to show the information required under such  subsection  (c)
 [or]  OF  section  six  hundred  fifty-nine  of this article, OR FILES A
 RETURN OR REPORT WHICH FAILS TO  SHOW  THE  INFORMATION  REQUIRED  UNDER
 SUBSECTION  (D)  OF  SECTION  SIX  HUNDRED FIFTY-NINE-A OF THIS ARTICLE,
 unless it is shown that such failure is due to reasonable cause and  not
 due  to  willful  neglect,  there  shall,  upon notice and demand by the
 commissioner and in the same manner as tax, be paid by  the  partnership
 or  S  corporation a penalty for each month (or fraction thereof) during
 which such failure continues (but not to exceed five months). The amount
 of such penalty for any month is the product of  fifty  dollars,  multi-
 plied  by  the  number of partners in the partnership or shareholders in
 the S corporation during any part of the taxable year who  were  subject
 to  tax  under this article during any part of such taxable year, except
 that, in the case of a trust, the penalty shall be equal to one  hundred
 fifty  dollars  a  month  up to a maximum of fifteen hundred dollars per
 taxable year.
   § 9. Subsection (c) of section 687 of the tax law, as amended by chap-
 ter 61 of the laws of 1989, is amended to read as follows:
   (c) Notice of federal change or correction.--A  claim  for  credit  or
 refund  of  any  overpayment  of tax attributable to a federal change or
 correction required to be  reported  pursuant  to  section  six  hundred
 fifty-nine OR BY A PARTNER OF A PARTNERSHIP REQUIRED TO REPORT A FEDERAL
 CHANGE  OR CORRECTION PURSUANT TO SECTION SIX HUNDRED FIFTY-NINE-A shall
 be filed by the taxpayer within two years from the time  the  notice  of
 such  change  or  correction  or  such amended return was required to be
 filed with the commissioner of taxation and finance. If  the  report  or
 amended return required by section six hundred fifty-nine OR SIX HUNDRED
 FIFTY-NINE-A  is  not  filed within the ninety day period therein speci-
 fied, no interest shall be payable on any claim for credit or refund  of
 the  overpayment  attributable  to the federal change or correction. The
 amount of such credit or refund shall  not  exceed  the  amount  of  the
 reduction  in  tax  attributable  to  such federal change, correction or
 items amended on the taxpayer's amended federal income tax return.  This
 subsection  shall  not  affect  the  time within which or the amount for
 which a claim for  credit  or  refund  may  be  filed  apart  from  this
 subsection.
   §  10.  Subsection  (g)  of  section 688 of the tax law, as amended by
 chapter 61 of the laws of 1989, is amended to read as follows:
   (g) Cross-reference.--For provision with  respect  to  interest  after
 failure  to  file  notice  of  federal  change under section six hundred
 fifty-nine OR SIX HUNDRED FIFTY-NINE-A, see subsection  (c)  of  section
 six hundred eighty-seven.
   §  11.  Subsection  (a)  of section 1312 of the tax law, as amended by
 section 9 of part Q of chapter 407 of the laws of 1999,  is  amended  to
 read as follows:
   (a)  Except  as  otherwise  provided  in this article, any tax imposed
 pursuant to the authority of this  article  shall  be  administered  and
 collected  by  the commissioner in the same manner as the tax imposed by
 article twenty-two of this chapter is administered and collected by  the
 commissioner.  All of the provisions of article twenty-two of this chap-
 S. 3009--C                         94                         A. 3009--C
 
 ter relating to or applicable to  payment  of  estimated  tax,  returns,
 payment  of  tax,  claim  of  right  adjustment, withholding of tax from
 wages, employer's statements and returns, employer's liability for taxes
 required  to  be withheld and all other provisions of article twenty-two
 of this  chapter  relating  to  or  applicable  to  the  administration,
 collection, liability for and review of the tax imposed by article twen-
 ty-two of this chapter, including sections six hundred fifty-two through
 six  hundred  fifty-four,  sections six hundred fifty-seven through [six
 hundred fifty-nine]  SIX  HUNDRED  FIFTY-NINE-A,  sections  six  hundred
 sixty-one  and  six  hundred sixty-two, sections six hundred seventy-one
 and six hundred seventy-two, sections six hundred  seventy-four  through
 six  hundred  seventy-eight  and sections six hundred eighty-one through
 six hundred ninety-seven of this chapter, inclusive, shall  apply  to  a
 tax  imposed  pursuant  to  the  authority of this article with the same
 force and effect as if those provisions had been  incorporated  in  full
 into  this article, and had expressly referred to the tax imposed pursu-
 ant to the authority of this article, except where inconsistent  with  a
 provision  of  this article. Whenever there is joint collection of state
 and city personal income taxes, it shall be deemed that such collections
 shall represent proportionately the applicable state and  city  personal
 income taxes in determining the amount to be remitted to the city.
   §  12.  Paragraph 1 of subdivision (e) of section 1515 of the tax law,
 as amended by chapter 770 of the laws of 1992, is  amended  to  read  as
 follows:
   (1)  If the amount of the life insurance company taxable income (which
 shall include, in the case of a stock life insurance company  which  has
 an  existing  policyholders  surplus  account,  the amount of direct and
 indirect distributions during the taxable year to shareholders from such
 account), taxable income of a partnership or taxable income, as the case
 may be, or alternative minimum  taxable  income  for  any  year  of  any
 taxpayer as returned to the United States treasury department is changed
 or corrected by the commissioner of internal revenue or other officer of
 the  United  States  or  other  competent authority, such taxpayer shall
 report such change or corrected taxable income  or  alternative  minimum
 taxable  income  within  ninety days (or one hundred twenty days, in the
 case of a taxpayer making a combined return under this article for  such
 year)  after  the final determination of such change or correction or as
 required by the commissioner, and shall concede  the  accuracy  of  such
 determination  or  state  wherein it is erroneous. PROVIDED, HOWEVER, IF
 THE TAXPAYER IS A DIRECT OR INDIRECT PARTNER OF A  PARTNERSHIP  REQUIRED
 TO   REPORT   ADJUSTMENTS   IN   ACCORDANCE  WITH  SECTION  SIX  HUNDRED
 FIFTY-NINE-A OF THIS CHAPTER,  SUCH  TAXPAYER  SHALL  ALSO  REPORT  SUCH
 ADJUSTMENTS  IN ACCORDANCE WITH SECTION SIX HUNDRED FIFTY-NINE-A OF THIS
 CHAPTER. Any taxpayer filing an  amended  return  with  such  department
 shall  also  file within ninety days (or one hundred twenty days, in the
 case of a taxpayer making a combined return under this article for  such
 year)  thereafter  an  amended  return with the commissioner which shall
 contain such information as the commissioner shall require.  The  allow-
 ance of a tentative carryback adjustment based upon a net operating loss
 carryback  or  net capital loss carryback pursuant to section sixty-four
 hundred eleven of the internal revenue code or upon an  operations  loss
 carryback  pursuant to section eight hundred ten of the internal revenue
 code, shall be treated as a final determination  for  purposes  of  this
 subdivision.
   §  13. This act shall take effect immediately; provided, however, that
 adjustments to a taxpayer's federal taxable income or tax liability with
 S. 3009--C                         95                         A. 3009--C
 
 a final determination date or administrative adjustment  request  occur-
 ring prior to the effective date of this act must be reported within one
 year  of  such  effective  date; provided further that no interest shall
 accrue on adjustments occurring prior to the effective date of this act.
 
                                 SUBPART B
 
   Section  1.  Section  11-501 of the administrative code of the city of
 New York is amended by adding four new subdivisions (n),  (o),  (p)  and
 (q) to read as follows:
   (N)  "ADMINISTRATIVE  ADJUSTMENT  REQUEST"  WHEN  USED IN THIS CHAPTER
 SHALL MEAN A REQUEST FOR AN ADMINISTRATIVE ADJUSTMENT FILED BY  A  PART-
 NERSHIP  UNDER  SECTION  SIXTY-TWO  HUNDRED TWENTY-SEVEN OF THE INTERNAL
 REVENUE CODE.
   (O) "ALTERNATIVE ADJUSTMENT ACTION" WHEN USED IN  THIS  CHAPTER  SHALL
 MEAN  (I) A FINAL FEDERAL ADJUSTMENT; (II) A FEDERAL ELECTION FOR ALTER-
 NATIVE PAYMENT; OR (III) THE  FILING  OF  AN  ADMINISTRATIVE  ADJUSTMENT
 REQUEST.
   (P) "FEDERAL ELECTION FOR ALTERNATIVE PAYMENT" WHEN USED IN THIS CHAP-
 TER SHALL MEAN THE ELECTION DESCRIBED IN SECTION SIXTY-TWO HUNDRED TWEN-
 TY-SIX  OF THE INTERNAL REVENUE CODE, RELATING TO ALTERNATIVE PAYMENT OF
 IMPUTED UNDERPAYMENT BY A PARTNERSHIP.
   (Q) "FINAL FEDERAL ADJUSTMENT" WHEN USED IN THIS CHAPTER SHALL MEAN  A
 CHANGE TO AN ITEM OF GROSS INCOME, GAIN, LOSS, DEDUCTION, PENALTY, CRED-
 IT  OR  A  PARTNER'S DISTRIBUTIVE SHARE, OF A PARTNERSHIP THAT IS DETER-
 MINED UNDER SECTION SIXTY-TWO HUNDRED TWENTY-FIVE OF THE INTERNAL REVEN-
 UE CODE THAT IS CONSIDERED FIXED AND FINAL UNDER  THE  INTERNAL  REVENUE
 CODE.
   § 2. Section 11-519 of the administrative code of the city of New York
 is amended to read as follows:
   § 11-519 Report of change in federal or New York state taxable income.
 (A)  If  the  amount  of  a taxpayer's federal or New York state taxable
 income reported on [his or her] SUCH  TAXPAYER'S  federal  or  New  York
 state  income  tax  for  any taxable year is changed or corrected by the
 United States internal revenue service or the New York state tax commis-
 sion or other competent authority, or as the result of  a  renegotiation
 of  a contract or subcontract with the United States or the state of New
 York, or if a taxpayer, pursuant to subsection (d) of section  sixty-two
 hundred  thirteen  of  the  internal  revenue code, executes a notice of
 waiver of the restrictions provided in subsection (a) of  said  section,
 or  if  a  taxpayer,  pursuant  to subsection (f) of section six hundred
 eighty-one  of  the  tax  law,  executes  a  notice  or  waiver  of  the
 restrictions  provided in subsection (c) of such section of the tax law,
 the taxpayer shall report such change or correction in  federal  or  New
 York state taxable income or such execution of such notice of waiver and
 the  changes  or corrections of the taxpayer's federal or New York state
 taxable income on which it is based, within ninety days after the  final
 determination  of  such  change,  correction,  or renegotiation, or such
 execution of such notice of waiver, or  as  otherwise  required  by  the
 commissioner of finance, and shall concede the accuracy of such determi-
 nation  or state wherein it is erroneous. Any taxpayer filing an amended
 federal or New York state income tax return shall also file within nine-
 ty days thereafter an amended return under this chapter, and shall  give
 such information as the commissioner of finance may require.
   (B)  A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP THAT IS REQUIRED TO
 REPORT A CHANGE OR CORRECTION IN ITS FEDERAL OR NEW YORK  STATE  TAXABLE
 S. 3009--C                         96                         A. 3009--C
 
 INCOME  PURSUANT  TO  SUBDIVISION  (A)  OF THIS SECTION SHALL REPORT ITS
 DISTRIBUTIVE SHARE OF SUCH CHANGE OR CORRECTION AS  IF  SUCH  CHANGE  OR
 CORRECTION  WAS  MADE  DIRECTLY  TO  SUCH TAXPAYER'S FEDERAL OR NEW YORK
 STATE TAXABLE INCOME.
   (C)  ANY TAXPAYER SUBJECT TO AN ALTERNATIVE ADJUSTMENT ACTION, OR THAT
 IS A PARTNER IN A  PARTNERSHIP  SUBJECT  TO  AN  ALTERNATIVE  ADJUSTMENT
 ACTION,  SHALL  REPORT  SUCH ALTERNATIVE ADJUSTMENT ACTION WITHIN NINETY
 DAYS AFTER THE ALTERNATIVE  ADJUSTMENT  ACTION  OCCURS,  AS  APPLICABLE,
 REGARDLESS OF THE TAX IMPACT OF SUCH ACTION. THE COMMISSIONER OF FINANCE
 MAY  REQUIRE  SUCH  REPORT TO BE FILED ELECTRONICALLY. SUCH REPORT SHALL
 INCLUDE THE IDENTITY OF ANY PARTNERS OF SUCH  TAXPAYER,  AS  APPLICABLE,
 AND ANY OTHER INFORMATION AS THE COMMISSIONER OF FINANCE DEEMS NECESSARY
 IN ORDER TO DETERMINE THE IMPACT OF SUCH ALTERNATIVE ADJUSTMENT ACTION.
   (D)  The  commissioner  of  finance may [by regulation] prescribe such
 exceptions to the requirements of this section as [the] SUCH commission-
 er deems appropriate TO FACILITATE THE ADMINISTRATION OF THIS SECTION.
   § 3. Subparagraph (C) of paragraph 1 of  subdivision  (c)  of  section
 11-523 of the administrative code of the city of New York, as amended by
 chapter 839 of the laws of 1986, is amended to read as follows:
   (C)  the  taxpayer fails to comply with section 11-519 of this chapter
 in not reporting a change or correction  increasing  or  decreasing  the
 taxpayer's  federal  or New York state taxable income as reported on the
 taxpayer's federal or New York state income tax return, or the execution
 of a notice of waiver and the changes or  corrections  on  which  it  is
 based,  or  in  not reporting a change or correction which is treated in
 the same manner as if it were a deficiency for federal or New York state
 income tax purposes, OR  IN  NOT  REPORTING  AN  ALTERNATIVE  ADJUSTMENT
 ACTION, or in not filing an amended return, or
   §  4.  Subdivision (c) of section 11-527 of the administrative code of
 the city of New York, as amended by chapter 241 of the laws of 1989,  is
 amended to read as follows:
   (c)  Notice of change or correction of federal or New York state taxa-
 ble income. If a taxpayer is required by section 11-519 of this  chapter
 to  report  a  change or correction in federal or New York state taxable
 income reported on the taxpayer's federal or New York state  income  tax
 return, or to report a change or correction which is treated in the same
 manner as if it were an overpayment for federal or New York state income
 tax  purposes, OR TO REPORT AN ALTERNATIVE ADJUSTMENT ACTION, or to file
 an amended return with the commissioner of finance, claim for credit  or
 refund of any resulting overpayment of tax shall be filed by the taxpay-
 er  within  two  years  from  the  time  the  notice  of  such change or
 correction, OR SUCH REPORT OF AN ALTERNATIVE ADJUSTMENT ACTION, or  such
 amended  return  was  required  to  be  filed  with  the commissioner of
 finance. If the report or amended return required by section  11-519  of
 this  chapter  is  not filed within the ninety day period therein speci-
 fied, no interest shall be payable on any claim for credit or refund  of
 the  overpayment attributable to the federal or New York state change or
 correction. The amount of such credit or refund  shall  not  exceed  the
 amount  of the reduction in tax attributable to such federal or New York
 state change, correction or items  amended  on  the  taxpayer's  amended
 federal  or New York state income tax return. This subdivision shall not
 affect the time within which or the amount for which a claim for  credit
 or refund may be filed apart from this subdivision.
   §  5. Paragraph 4 of subdivision (d) of section 11-529 of the adminis-
 trative code of the city of New York, as amended by chapter 808  of  the
 laws of 1992, is amended to read as follows:
 S. 3009--C                         97                         A. 3009--C
 
   (4)  Restriction  on  further  notices  of deficiency. If the taxpayer
 files a petition with the tax appeals tribunal under  this  section,  no
 notice of deficiency under section 11-521 of this chapter may thereafter
 be  issued  by  the  commissioner  of finance for the same taxable year,
 except  in  case  of  fraud or with respect to a change or correction in
 federal or New York state taxable income OR  AN  ALTERNATIVE  ADJUSTMENT
 ACTION  required  to be reported under section 11-519 of this chapter or
 with respect to a state change or correction of sales  and  compensating
 use tax liability to be reported under section 11-519.1 of this chapter.
   §  6. Paragraph 3 of subdivision (e) of section 11-529 of the adminis-
 trative code of the city of New York, as amended by chapter 808  of  the
 laws of 1992, is amended to read as follows:
   (3)  whether the petitioner is liable for any increase in a deficiency
 where such increase is asserted initially after a notice  of  deficiency
 was mailed and a petition under this section filed, unless such increase
 in  deficiency is the result of a change or correction of federal or New
 York state taxable income OR AN ALTERNATIVE ADJUSTMENT  ACTION  required
 to be reported under section 11-519 of this chapter, and of which change
 [or],  correction,  OR ALTERNATIVE ADJUSTMENT ACTION the commissioner of
 finance had no notice at the time [he or she] SUCH  COMMISSIONER  mailed
 the  notice  of  deficiency or unless such increase in deficiency is the
 result of a change or correction  of  sales  and  compensating  use  tax
 liability  required  to be reported under section 11-519.1 of this chap-
 ter, and of which change or correction the commissioner of  finance  had
 no notice at the time [he or she] SUCH COMMISSIONER mailed the notice of
 deficiency; and
   § 7. Section 11-601 of the administrative code of the city of New York
 is  amended by adding four new subdivisions 13-a, 13-b, 13-c and 13-d to
 read as follows:
   13-A. "ADMINISTRATIVE ADJUSTMENT  REQUEST"  MEANS  A  REQUEST  FOR  AN
 ADMINISTRATIVE ADJUSTMENT FILED BY A PARTNERSHIP UNDER SECTION SIXTY-TWO
 HUNDRED TWENTY-SEVEN OF THE INTERNAL REVENUE CODE.
   13-B.  "ALTERNATIVE  ADJUSTMENT  ACTION"  MEANS  (I)  A  FINAL FEDERAL
 ADJUSTMENT; (II) A FEDERAL ELECTION FOR ALTERNATIVE  PAYMENT;  OR  (III)
 THE FILING OF AN ADMINISTRATIVE ADJUSTMENT REQUEST.
   13-C.  "FEDERAL  ELECTION  FOR ALTERNATIVE PAYMENT" MEANS THE ELECTION
 DESCRIBED IN SECTION SIXTY-TWO HUNDRED TWENTY-SIX OF THE INTERNAL REVEN-
 UE CODE, RELATING TO ALTERNATIVE PAYMENT OF IMPUTED  UNDERPAYMENT  BY  A
 PARTNERSHIP.
   13-D.  "FINAL  FEDERAL  ADJUSTMENT" MEANS A CHANGE TO AN ITEM OF GROSS
 INCOME, GAIN, LOSS, DEDUCTION, PENALTY, CREDIT OR A PARTNER'S  DISTRIBU-
 TIVE  SHARE, OF A PARTNERSHIP THAT IS DETERMINED UNDER SECTION SIXTY-TWO
 HUNDRED TWENTY-FIVE OF THE INTERNAL  REVENUE  CODE  THAT  IS  CONSIDERED
 FIXED AND FINAL UNDER THE INTERNAL REVENUE CODE.
   § 8. Section 11-605 of the administrative code of the city of New York
 is  amended by adding three new subdivisions 3-a, 3-b and 3-c to read as
 follows:
   3-A. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP THAT IS REQUIRED TO
 REPORT A CHANGE OR CORRECTION IN ITS FEDERAL OR NEW YORK  STATE  TAXABLE
 INCOME  SHALL REPORT ITS DISTRIBUTIVE SHARE OF SUCH CHANGE OR CORRECTION
 AS IF SUCH CHANGE OR CORRECTION WAS MADE  DIRECTLY  TO  SUCH  TAXPAYER'S
 FEDERAL  OR  NEW  YORK STATE TAXABLE INCOME, ALTERNATIVE MINIMUM TAXABLE
 INCOME OR OTHER BASIS OF TAX AND WAS REQUIRED TO BE REPORTED PURSUANT TO
 THIS SECTION.
   3-B. ANY TAXPAYER THAT IS A PARTNER IN A  PARTNERSHIP  SUBJECT  TO  AN
 ALTERNATIVE  ADJUSTMENT  ACTION SHALL REPORT SUCH ALTERNATIVE ADJUSTMENT
 S. 3009--C                         98                         A. 3009--C
 
 ACTION, WITHIN NINETY  DAYS  AFTER  THE  ALTERNATIVE  ADJUSTMENT  ACTION
 OCCURS, AS APPLICABLE, REGARDLESS OF THE TAX IMPACT OF SUCH ACTION. SUCH
 REPORT  SHALL  INCLUDE  ANY  OTHER  INFORMATION  AS  THE COMMISSIONER OF
 FINANCE  DEEMS NECESSARY IN ORDER TO DETERMINE THE IMPACT OF SUCH ALTER-
 NATIVE ADJUSTMENT ACTION.
   3-C. THE COMMISSIONER OF FINANCE  MAY  REQUIRE  THE  REPORTS  REQUIRED
 PURSUANT TO SUBDIVISIONS THREE-A AND THREE-B OF THIS SECTION TO BE FILED
 ELECTRONICALLY AND SHALL ESTABLISH EXCEPTIONS FROM A TAXPAYER'S REQUIRE-
 MENT  TO FILE SUCH REPORTS AS THE COMMISSIONER OF FINANCE DETERMINES ARE
 APPROPRIATE TO FACILITATE THE ADMINISTRATION OF SUCH SUBDIVISIONS.
   § 9. Section 11-646 of the administrative code of the city of New York
 is amended by adding three new subdivisions (e-1), (e-2)  and  (e-3)  to
 read as follows:
   (E-1)  A  TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP THAT IS REQUIRED
 TO REPORT A CHANGE OR CORRECTION IN ITS FEDERAL OR NEW YORK STATE  TAXA-
 BLE  INCOME  SHALL  REPORT  ITS  DISTRIBUTIVE  SHARE  OF  SUCH CHANGE OR
 CORRECTION AS IF SUCH CHANGE OR CORRECTION WAS  MADE  DIRECTLY  TO  SUCH
 TAXPAYER'S FEDERAL OR NEW YORK STATE TAXABLE INCOME, ALTERNATIVE MINIMUM
 TAXABLE  INCOME  OR  OTHER  BASIS OF TAX AND WAS REQUIRED TO BE REPORTED
 PURSUANT TO THIS SECTION.
   (E-2) ANY TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP  SUBJECT  TO  AN
 ALTERNATIVE  ADJUSTMENT  ACTION SHALL REPORT SUCH ALTERNATIVE ADJUSTMENT
 ACTION, WITHIN NINETY  DAYS  AFTER  THE  ALTERNATIVE  ADJUSTMENT  ACTION
 OCCURS, AS APPLICABLE, REGARDLESS OF THE TAX IMPACT OF SUCH ACTION. SUCH
 REPORT  SHALL  INCLUDE  ANY  OTHER  INFORMATION  AS  THE COMMISSIONER OF
 FINANCE DEEMS NECESSARY IN ORDER TO DETERMINE THE IMPACT OF SUCH  ALTER-
 NATIVE ADJUSTMENT ACTION.
   (E-3)  THE COMMISSIONER OF FINANCE MAY REQUIRE THE REPORTS REQUIRED BY
 SUBDIVISIONS (E-1) AND (E-2) OF THIS SECTION TO BE FILED  ELECTRONICALLY
 AND  SHALL  ESTABLISH  EXCEPTIONS  FROM A TAXPAYER'S REQUIREMENT TO FILE
 SUCH REPORTS AS THE COMMISSIONER OF FINANCE DETERMINES  ARE  APPROPRIATE
 TO FACILITATE THE ADMINISTRATION OF SUCH SUBDIVISIONS.
   §  10.  Section  11-655  of the administrative code of the city of New
 York is amended by adding three new subdivisions 3-a,  3-b  and  3-c  to
 read as follows:
   3-A. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP THAT IS REQUIRED TO
 REPORT  A  CHANGE OR CORRECTION IN ITS FEDERAL OR NEW YORK STATE TAXABLE
 INCOME SHALL REPORT ITS DISTRIBUTIVE SHARE OF SUCH CHANGE OR  CORRECTION
 AS  IF  SUCH  CHANGE  OR CORRECTION WAS MADE DIRECTLY TO SUCH TAXPAYER'S
 FEDERAL OR NEW YORK STATE TAXABLE INCOME OR OTHER BASIS OF TAX  AND  WAS
 REQUIRED TO BE REPORTED PURSUANT TO THIS SECTION.
   3-B.  ANY  TAXPAYER  THAT  IS A PARTNER IN A PARTNERSHIP SUBJECT TO AN
 ALTERNATIVE ADJUSTMENT ACTION SHALL REPORT SUCH  ALTERNATIVE  ADJUSTMENT
 ACTION,  WITHIN  NINETY  DAYS  AFTER  THE  ALTERNATIVE ADJUSTMENT ACTION
 OCCURS, AS APPLICABLE, REGARDLESS OF THE TAX IMPACT OF SUCH ACTION. SUCH
 REPORT SHALL INCLUDE  ANY  OTHER  INFORMATION  AS  THE  COMMISSIONER  OF
 FINANCE  DEEMS NECESSARY IN ORDER TO DETERMINE THE IMPACT OF SUCH ALTER-
 NATIVE ADJUSTMENT ACTION.
   3-C. THE COMMISSIONER OF FINANCE MAY REQUIRE THE REPORTS  REQUIRED  BY
 SUBDIVISIONS  THREE-A  AND THREE-B OF THIS SECTION TO BE FILED ELECTRON-
 ICALLY AND SHALL ESTABLISH EXCEPTIONS FROM A TAXPAYER'S  REQUIREMENT  TO
 FILE  SUCH  REPORTS AS THE COMMISSIONER OF FINANCE DETERMINES ARE APPRO-
 PRIATE TO FACILITATE THE ADMINISTRATION OF THIS SUBDIVISION.
   § 11. Paragraph (a) of subdivision 5 of section 11-672 of the adminis-
 trative code of the city of New York, as amended by section 8 of part  D
 of chapter 60 of the laws of 2015, is amended to read as follows:
 S. 3009--C                         99                         A. 3009--C
 
   (a)  If  the  taxpayer  fails  to comply with subchapter two, three or
 three-A of this chapter in not reporting a change or correction or rene-
 gotiation,  or  computation  or  recomputation  of  tax,  increasing  or
 decreasing  its  federal  or  New York state taxable income, alternative
 minimum  taxable income or other basis of tax as reported on its federal
 or New York state income tax return, or in not  reporting  a  change  or
 correction  or  renegotiation,  or  computation or recomputation of tax,
 which is treated in the same manner as  if  it  were  a  deficiency  for
 federal  or  New  York state income tax purposes, OR IN NOT REPORTING AN
 ALTERNATIVE ADJUSTMENT ACTION, or in not filing an amended return, or in
 not reporting the execution of a notice of waiver executed  pursuant  to
 subsection  (d)  of  section  six  thousand  two hundred thirteen of the
 internal revenue code or pursuant to  subdivision  (f)  of  section  one
 thousand  eighty-one  of  the  tax  law, instead of the mode and time of
 assessment provided for in subdivision two of this section, the  commis-
 sioner  of  finance may assess a deficiency based upon such increased or
 decreased federal or New York state taxable income, alternative  minimum
 taxable income or other basis of tax by mailing to the taxpayer a notice
 of  additional tax due specifying the amount of the deficiency, and such
 deficiency, together with the interest, additions to tax  and  penalties
 stated  in such notice, shall be deemed assessed on the date such notice
 is mailed unless within thirty days after the mailing of such  notice  a
 report  of the federal or New York state change or correction or renego-
 tiation, or computation or recomputation of tax, OR REPORT OF AN  ALTER-
 NATIVE  ADJUSTMENT  ACTION,  or an amended return, where such return was
 required by subchapter two, three or three-A, is filed accompanied by  a
 statement  showing  wherein such federal or New York state determination
 and such notice of additional tax due are erroneous.
   § 12. Subdivision 3 of section 11-678 of the  administrative  code  of
 the  city  of New York, as amended by section 16 of part D of chapter 60
 of the laws of 2015, is amended to read as follows:
   3. Notice of change or correction of federal or New York state  income
 or  other basis of tax. (A) If a taxpayer is required by subchapter two,
 three or three-A of this chapter to file a report or amended  return  in
 respect of [(a)] (I) a decrease or increase in federal or New York state
 taxable income, alternative minimum taxable income or other basis of tax
 or federal or New York state tax, [(b)] (II) a federal or New York state
 change  or  correction or renegotiation, or computation or recomputation
 of tax, which is treated in the same manner as if it were an overpayment
 for federal or New York state income tax purposes, OR (III) AN  ALTERNA-
 TIVE  ADJUSTMENT  ACTION,  claim  for  credit or refund of any resulting
 overpayment of tax shall be filed by the taxpayer within two years  from
 the time such report or amended return was required to be filed with the
 commissioner  of  finance.  If  the report or amended return required by
 subchapter two, three or three-A of this chapter is not filed within the
 ninety day period therein specified, no interest shall be payable on any
 claim for credit or refund of the overpayment attributable to the feder-
 al or New York state change or correction.
   (B) The amount of such credit or refund[:
   (c)] shall, (i) for taxable years beginning before January first,  two
 thousand fifteen, be computed without change of the allocation of income
 or  capital  upon which the taxpayer's return (or any additional assess-
 ment) was based, and, (ii) for taxable years beginning on or after Janu-
 ary first, two thousand fifteen, be computed without change of the allo-
 cation of income or capital upon which the  taxpayer's  return  (or  any
 additional assessment) was based to the extent that the claim for refund
 S. 3009--C                         100                        A. 3009--C
 
 arises  from  a  decrease or increase in federal taxable income or other
 basis of tax or federal tax, or from a federal change, correction, rene-
 gotiation, computation or recomputation of tax, which is treated in  the
 same  manner  as  if  it  were  an  overpayment  for  federal income tax
 purposes[, and].
   [(d)] (C) THE AMOUNT OF SUCH CREDIT OR REFUND  shall  not  exceed  the
 amount of the reduction in tax attributable to such decrease or increase
 in federal or New York state taxable income, alternative minimum taxable
 income or other basis of tax or federal or New York state tax or to such
 federal  or  New  York  state  change or correction or renegotiation, or
 computation or recomputation of tax.
   § 13. Paragraph (d) of subdivision 4 of section 11-680 of the adminis-
 trative code of the city of New York, as amended by section 18 of part D
 of chapter 60 of the laws of 2015, is amended to read as follows:
   (d) Restriction on further notices  of  deficiency.  If  the  taxpayer
 files  a  petition  with the tax appeals tribunal under this section, no
 notice of deficiency under section 11-672 of this subchapter may  there-
 after  be  issued  by  the  commissioner of finance for the same taxable
 year, except in case of fraud or with respect to an increase or decrease
 in federal or New York state taxable income, alternative minimum taxable
 income or other basis of tax or federal or New  York  state  tax,  or  a
 federal  or  New  York  state  change or correction or renegotiation, or
 computation or recomputation of tax, which is treated in the same manner
 as if it were a deficiency for federal or  New  York  state  income  tax
 purposes,  OR  AN ALTERNATIVE ADJUSTMENT ACTION, required to be reported
 under subchapter two, three or three-A of this chapter or  with  respect
 to  a  state  change  or  correction  of  sales and compensating use tax
 liability required to be reported under subchapter  two  or  three-A  of
 this chapter.
   § 14. Paragraph (c) of subdivision 5 of section 11-680 of the adminis-
 trative code of the city of New York, as amended by section 19 of part D
 of chapter 60 of the laws of 2015, is amended to read as follows:
   (c)  whether the petitioner is liable for any increase in a deficiency
 where such increase is asserted initially after a notice  of  deficiency
 was mailed and a petition under this section filed, unless such increase
 in deficiency is the result of an increase or decrease in federal or New
 York  state  taxable income, alternative minimum taxable income or other
 basis of tax or federal or New York state tax, or a federal or New  York
 state  change [or], correction [or], renegotiation, [or] computation, or
 recomputation of tax, which is treated in the same manner as if it  were
 a  deficiency  for  federal or New York state income tax purposes, OR AN
 ALTERNATIVE ADJUSTMENT ACTION, required to be reported under  subchapter
 two,  three or three-A of this chapter, and of which increase, decrease,
 change [or], correction  [or],  renegotiation,  [or]  computation  [or],
 recomputation,  OR ADJUSTMENT, the commissioner of finance had no notice
 at the time [he or she] SUCH COMMISSIONER mailed the notice of deficien-
 cy or unless such increase in deficiency is the result of  a  change  or
 correction  of  sales  and compensating use tax liability required to be
 reported under subchapter two or three-A of this chapter, and  of  which
 change  or  correction  the commissioner of finance had no notice at the
 time [he or she] SUCH COMMISSIONER mailed the notice of deficiency; and
   § 15.  This act shall take effect on the ninetieth day after it  shall
 have become a law; provided, that, notwithstanding section 11-519 of the
 administrative  code  of the city of New York, as amended by section two
 of this act, or subdivision 3-b of section 11-605, subdivision (e-2)  of
 section 11-646, or subdivision 3-b of section 11-655 of such administra-
 S. 3009--C                         101                        A. 3009--C
 
 tive  code,  as  added  by  sections eight, nine and ten of this act, an
 alternative adjustment action, as defined by either subdivision  (o)  of
 section 11-501 or subdivision 13-b of section 11-601 of such administra-
 tive  code,  as  added  by sections one and seven of this act, occurring
 prior to such date shall not be required to be  reported  prior  to  270
 days  after this act takes effect; and for the purposes of this section,
 an alternative adjustment action shall  be  deemed  to  occur  when  the
 applicable  administrative  adjustment  request,  federal  election  for
 alternative payment or final  federal  adjustment,  as  such  terms  are
 defined  by  subdivisions (n), (p) or (q) of section 11-501 and subdivi-
 sions 13-a, 13-c, and 13-d of  section  11-601  of  such  administrative
 code, as added by sections one and seven of this act, occurs.
   § 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 and B of this act shall be
 as specifically set forth in the last section of such Subparts.
 
                                  PART W
 
   Section 1. Section 1310 of the tax law is  amended  by  adding  a  new
 subsection (h) to read as follows:
   (H)  CREDIT  FOR  CERTAIN TAXPAYERS WITH INCOMES BELOW CERTAIN THRESH-
 OLDS. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
 FOR  TAXABLE  YEARS  BEGINNING  ON  OR AFTER JANUARY FIRST, TWO THOUSAND
 TWENTY-FIVE, A CREDIT SHALL BE ALLOWED TO A  TAXPAYER  AGAINST  THE  TAX
 IMPOSED  PURSUANT TO THE AUTHORITY OF THIS ARTICLE IN AN AMOUNT EQUAL TO
 THE TAX OTHERWISE DUE UNDER THIS ARTICLE FOR SUCH TAXABLE YEAR,  REDUCED
 BY ALL THE CREDITS PERMITTED BY THIS ARTICLE FOR SUCH TAXABLE YEAR, IF:
   (A)  SUCH  TAXPAYER  IS  ENTITLED TO A DEDUCTION FOR SUCH TAXABLE YEAR
 UNDER SUBSECTION (C) OF SECTION ONE HUNDRED FIFTY-ONE  OF  THE  INTERNAL
 REVENUE CODE;
   (B) SUCH TAXPAYER MEETS THE FOLLOWING INCOME THRESHOLDS FOR SUCH TAXA-
 BLE YEAR:
   (I)  FOR  CITY  TAXPAYERS  WHO  FILED  A RESIDENT INCOME TAX RETURN AS
 MARRIED TAXPAYERS FILING JOINTLY OR A QUALIFIED SURVIVING SPOUSE:
           IF THE NUMBER OF                   INCOME NO GREATER THAN:
           DEPENDENTS IS:
 
           1                                  $36,789
           2                                  $46,350
           3                                  $54,545
           4                                  $61,071
           5                                  $68,403
           6                                  $75,204
           7 OR MORE                          $91,902
 S. 3009--C                         102                        A. 3009--C
 
   (II) FOR CITY TAXPAYERS WHO FILED A RESIDENT INCOME TAX  RETURN  AS  A
 SINGLE  TAXPAYER,  MARRIED TAXPAYER FILING A SEPARATE RETURN, OR HEAD OF
 HOUSEHOLD:
 
           IF THE NUMBER OF                   INCOME NO GREATER THAN:
           DEPENDENTS IS:
 
           1                                  $31,503
           2                                  $36,824
           3                                  $46,512
           4                                  $53,711
           5                                  $59,928
           6                                  $65,712
           7                                  $74,565
           8 OR MORE                          $88,361
   (III)  FOR  ANY  TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-SIX, THE COMMISSIONER SHALL MULTIPLY THE AMOUNTS IN THIS
 SUBPARAGRAPH BY ONE PLUS THE COST-OF-LIVING ADJUSTMENT, WHICH  SHALL  BE
 THE  PERCENTAGE  BY  WHICH  THE  CONSUMER  PRICE INDEX FOR THE PRECEDING
 CALENDAR YEAR EXCEEDS THE CONSUMER PRICE INDEX  FOR  CALENDAR  YEAR  TWO
 THOUSAND TWENTY-FOUR;
   (C) SUCH TAXPAYER IS NOT ALLOWED A CREDIT PURSUANT TO:
   (I)  SUBSECTION (A) OF SECTION EIGHT HUNDRED SIXTY-THREE OF THIS CHAP-
 TER AGAINST THE TAX IMPOSED PURSUANT TO ARTICLE TWENTY-TWO OF THIS CHAP-
 TER; OR
   (II) SUBSECTION (A) OF SECTION EIGHT HUNDRED SEVENTY OF  THIS  CHAPTER
 AGAINST  THE  TAX IMPOSED PURSUANT TO THE AUTHORITY OF ARTICLE THIRTY OF
 THIS CHAPTER; AND
   (D) SUCH TAXPAYER DOES NOT REPORT DISQUALIFIED INCOME IN EXCESS OF TEN
 THOUSAND DOLLARS IN THE TAXABLE YEAR, AS DEFINED IN  SUBSECTION  (I)  OF
 SECTION THIRTY-TWO OF THE INTERNAL REVENUE CODE.
   (2)  WHERE  THE  INCOME  OF A TAXPAYER EXCEEDS THE AMOUNT INDICATED IN
 SUBPARAGRAPH (B) OF PARAGRAPH ONE OF THIS SUBSECTION FOR  SUCH  TAXPAYER
 BY  FIVE  THOUSAND DOLLARS OR LESS, AND SUCH TAXPAYER SATISFIES SUBPARA-
 GRAPH (A) AND SUBPARAGRAPHS  (C)  AND  (D)  OF  PARAGRAPH  ONE  OF  THIS
 SUBSECTION, A CREDIT SHALL BE ALLOWED IN THE AMOUNT DETERMINED BY MULTI-
 PLYING:  (A)  THE  TAX OTHERWISE DUE UNDER THIS ARTICLE FOR SUCH TAXABLE
 YEAR REDUCED BY ALL THE CREDITS PERMITTED BY THIS ARTICLE FOR SUCH TAXA-
 BLE YEAR BY (B) A FRACTION THE  NUMERATOR  OF  WHICH  IS  FIVE  THOUSAND
 DOLLARS  MINUS  THE AMOUNT BY WHICH SUCH INCOME EXCEEDS THE AMOUNT INDI-
 CATED IN SUBPARAGRAPH (B) OF PARAGRAPH ONE OF THIS  SUBSECTION  AND  THE
 DENOMINATOR OF WHICH IS FIVE THOUSAND DOLLARS.
   (3) FOR PURPOSES OF THIS SUBSECTION:
   (A)  "CONSUMER PRICE INDEX" MEANS THE MOST RECENT CONSUMER PRICE INDEX
 FOR ALL-URBAN CONSUMERS PUBLISHED BY THE  UNITED  STATES  DEPARTMENT  OF
 LABOR.    THE  CONSUMER  PRICE  INDEX FOR ANY CALENDAR YEAR SHALL BE THE
 AVERAGE OF THE CONSUMER PRICE INDEX AS OF THE CLOSE OF THE  TWELVE-MONTH
 PERIOD ENDING ON AUGUST THIRTY-FIRST OF SUCH CALENDAR YEAR.
   (B) "INCOME" MEANS FEDERAL ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR.
   §  2.  Section  11-1706  of the administrative code of the city of New
 York is amended by adding a new subdivision (h) to read as follows:
   (H) CREDIT FOR CERTAIN TAXPAYERS WITH INCOMES  BELOW  CERTAIN  THRESH-
 OLDS.    (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
 FOR ANY TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST,  TWO  THOUSAND
 TWENTY-FIVE,  A  CREDIT SHALL BE ALLOWED TO A TAXPAYER AGAINST THE TAXES
 S. 3009--C                         103                        A. 3009--C
 
 IMPOSED PURSUANT TO THE AUTHORITY OF THIS CHAPTER IN AN AMOUNT EQUAL  TO
 THE  TAX  OTHERWISE DUE UNDER THIS CHAPTER FOR SUCH TAXABLE YEAR REDUCED
 BY ALL THE CREDITS PERMITTED BY THIS CHAPTER FOR SUCH TAXABLE YEAR IF:
   (A)  SUCH  TAXPAYER  IS  ENTITLED TO A DEDUCTION FOR SUCH TAXABLE YEAR
 UNDER SUBSECTION (C) OF SECTION ONE HUNDRED FIFTY-ONE  OF  THE  INTERNAL
 REVENUE CODE;
   (B) SUCH TAXPAYER MEETS THE FOLLOWING INCOME THRESHOLDS FOR SUCH TAXA-
 BLE YEAR:
   (I)  FOR  CITY  TAXPAYERS  WHO  FILED  A RESIDENT INCOME TAX RETURN AS
 MARRIED TAXPAYERS FILING JOINTLY OR A QUALIFIED SURVIVING SPOUSE:
 
           IF THE NUMBER OF DEPENDENTS IS:    INCOME NO GREATER THAN:
           1                                  $36,789
           2                                  $46,350
           3                                  $54,545
           4                                  $61,071
           5                                  $68,403
           6                                  $75,204
           7 OR MORE                          $91,902
 
   (II) FOR CITY TAXPAYERS WHO FILED A RESIDENT INCOME TAX  RETURN  AS  A
 SINGLE  TAXPAYER,  MARRIED TAXPAYER FILING A SEPARATE RETURN, OR HEAD OF
 HOUSEHOLD:
 
           IF THE NUMBER OF DEPENDENTS IS:    INCOME NO GREATER THAN:
           1                                  $31,503
           2                                  $36,824
           3                                  $46,512
           4                                  $53,711
           5                                  $59,928
           6                                  $65,712
           7                                  $74,565
           8 OR MORE                          $88,361
 
   (III) FOR ANY TAXABLE YEAR BEGINNING ON OR AFTER  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-SIX,  THE COMMISSIONER OF THE STATE DEPARTMENT OF TAXA-
 TION AND FINANCE SHALL MULTIPLY THE AMOUNTS IN THIS SUBPARAGRAPH BY  ONE
 PLUS  THE  COST-OF-LIVING  ADJUSTMENT,  WHICH SHALL BE THE PERCENTAGE BY
 WHICH THE CONSUMER PRICE INDEX FOR THE PRECEDING CALENDAR  YEAR  EXCEEDS
 THE CONSUMER PRICE INDEX FOR CALENDAR YEAR TWO THOUSAND TWENTY-FOUR;
   (C) SUCH TAXPAYER IS NOT ALLOWED A CREDIT PURSUANT TO: (I) SUBSECTION
   (A)  OF  SECTION  EIGHT HUNDRED SIXTY-THREE OF THE TAX LAW AGAINST THE
 TAX IMPOSED PURSUANT TO ARTICLE TWENTY-TWO OF SUCH LAW; OR (II) SUBDIVI-
 SION (G) OF THIS SECTION AGAINST THE TAX IMPOSED PURSUANT TO THIS  CHAP-
 TER;
   (D) SUCH TAXPAYER DOES NOT REPORT DISQUALIFIED INCOME IN EXCESS OF TEN
 THOUSAND  DOLLARS  IN  THE  TAXABLE  YEAR,  AS  SUCH  TERM IS DEFINED IN
 SUBSECTION (I) OF SECTION THIRTY-TWO OF THE INTERNAL REVENUE CODE.
   (2) WHERE THE INCOME OF A TAXPAYER EXCEEDS  THE  AMOUNT  INDICATED  IN
 SUBPARAGRAPH  (B) OF PARAGRAPH ONE OF THIS SUBDIVISION FOR SUCH TAXPAYER
 BY FIVE THOUSAND DOLLARS OR LESS, AND SUCH TAXPAYER  SATISFIES  SUBPARA-
 GRAPH  (A) AND SUBPARAGRAPHS (C) AND (D) OF PARAGRAPH ONE OF THIS SUBDI-
 VISION, A CREDIT SHALL BE ALLOWED IN THE AMOUNT DETERMINED BY  MULTIPLY-
 ING:  (A) THE TAX OTHERWISE DUE UNDER THIS ARTICLE FOR SUCH TAXABLE YEAR
 REDUCED BY ALL THE CREDITS PERMITTED BY THIS ARTICLE  FOR  SUCH  TAXABLE
 YEAR  BY  (B) A FRACTION THE NUMERATOR OF WHICH IS FIVE THOUSAND DOLLARS
 S. 3009--C                         104                        A. 3009--C
 
 MINUS THE AMOUNT BY WHICH SUCH INCOME EXCEEDS THE  AMOUNT  INDICATED  IN
 SUBPARAGRAPH  (B) OF PARAGRAPH ONE OF THIS SUBDIVISION AND THE DENOMINA-
 TOR OF WHICH IS FIVE THOUSAND DOLLARS.
   (3) FOR PURPOSES OF THIS SUBDIVISION:
   (A)  "CONSUMER PRICE INDEX" MEANS THE MOST RECENT CONSUMER PRICE INDEX
 FOR ALL-URBAN CONSUMERS PUBLISHED BY THE  UNITED  STATES  DEPARTMENT  OF
 LABOR.    THE  CONSUMER  PRICE  INDEX FOR ANY CALENDAR YEAR SHALL BE THE
 AVERAGE OF THE CONSUMER PRICE INDEX AS OF THE CLOSE OF THE  TWELVE-MONTH
 PERIOD ENDING ON AUGUST THIRTY-FIRST OF SUCH CALENDAR YEAR.
   (B) "INCOME" MEANS FEDERAL ADJUSTED GROSS INCOME FOR A TAXABLE YEAR.
   § 3. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2025.
 
                                  PART X
 
                           Intentionally Omitted
 
                                  PART Y
  Section  1. Paragraph (a) of subdivision 25 of section 210-B of the tax
 law, as amended by section 1 of part K of chapter  59  of  the  laws  of
 2022, is amended to read as follows:
   (a)  General.  A  taxpayer  shall  be allowed a credit against the tax
 imposed by this article. Such credit,  to  be  computed  as  hereinafter
 provided,  shall  be allowed for bioheating fuel, used for space heating
 or hot water production  for  residential  purposes  within  this  state
 purchased  before  January first, two thousand [twenty-six] TWENTY-NINE.
 Such credit shall be $0.01  per  percent  of  biodiesel  per  gallon  of
 bioheating  fuel,  not  to  exceed twenty cents per gallon, purchased by
 such taxpayer.  Provided, however, that on or after January  first,  two
 thousand  seventeen, this credit shall not apply to bioheating fuel that
 is less than six percent biodiesel per gallon of bioheating fuel.
   § 2. Paragraph 1 of subsection (mm) of section 606 of the tax law,  as
 amended  by  section  2  of part K of chapter 59 of the laws of 2022, is
 amended to read as follows:
   (1) A taxpayer shall be allowed a credit against the  tax  imposed  by
 this article. Such credit, to be computed as hereinafter provided, shall
 be  allowed  for  bioheating  fuel,  used for space heating or hot water
 production for residential purposes within this state and  purchased  on
 or  after  July first, two thousand six and before July first, two thou-
 sand seven and on or after January first, two thousand eight and  before
 January  first, two thousand [twenty-six] TWENTY-NINE. Such credit shall
 be $0.01 per percent of biodiesel per gallon of bioheating fuel, not  to
 exceed  twenty  cents  per gallon, purchased by such taxpayer. Provided,
 however, that on or after January first, two  thousand  seventeen,  this
 credit  shall not apply to bioheating fuel that is less than six percent
 biodiesel per gallon of bioheating fuel.
   § 3. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. Subdivision 6 of section 187-b of the tax law,  as  amended
 by  section 1 of part P of chapter 59 of the laws of 2022, is amended to
 read as follows:
 S. 3009--C                         105                        A. 3009--C
 
   6. Termination. The credit allowed by subdivision two of this  section
 shall  not apply in taxable years beginning after December thirty-first,
 two thousand [twenty-five] TWENTY-EIGHT.
   §  2. Paragraph (f) of subdivision 30 of section 210-B of the tax law,
 as amended by section 2 of part P of chapter 59 of the laws of 2022,  is
 amended to read as follows:
   (f)  Termination. The credit allowed by paragraph (b) of this subdivi-
 sion shall not apply in taxable years beginning after  December  thirty-
 first, two thousand [twenty-five] TWENTY-EIGHT.
   §  3.  Paragraph 6 of subsection (p) of section 606 of the tax law, as
 amended by section 3 of part P of chapter 59 of the  laws  of  2022,  is
 amended to read as follows:
   (6) Termination. The credit allowed by this subsection shall not apply
 in  taxable  years  beginning  after December thirty-first, two thousand
 [twenty-five] TWENTY-EIGHT.
   § 4. This act shall take effect immediately.
 
                                  PART AA
   Section 1. Subparagraph (B) of  paragraph  1  of  subdivision  (a)  of
 section  1115 of the tax law, as amended by section 1 of part J of chap-
 ter 59 of the laws of 2024, is amended to read as follows:
   (B) Until May thirty-first, two thousand [twenty-five] TWENTY-SIX, the
 food and drink excluded from the exemption provided by clauses (i), (ii)
 and (iii) of subparagraph (A) of  this  paragraph,  and  bottled  water,
 shall  be  exempt  under this subparagraph: (i) when sold for one dollar
 and fifty cents or less through any vending machine that accepts coin or
 currency only; or (ii) when sold for two dollars  or  less  through  any
 vending  machine  that  accepts  any  form of payment other than coin or
 currency, whether or not it also accepts coin or currency.
   § 2. This act shall take effect immediately.
                                  PART BB
 
   Section 1. Subdivision (f) of section 25-b of the labor law, as  added
 by  section 2 of part Q of chapter 59 of the laws of 2022, is amended to
 read as follows:
   (f) The tax credits provided under this program shall be applicable to
 taxable periods beginning before January first,  two  thousand  [twenty-
 six] TWENTY-NINE.
   § 2. This act shall take effect immediately.
                                  PART CC
 
   Section  1.    Paragraph (a) of subdivision 29 of section 210-B of the
 tax law, as amended by section 1 of part H of chapter 59 of the laws  of
 2022, is amended to read as follows:
   (a) Allowance of credit. For taxable years beginning on or after Janu-
 ary  first,  two thousand fifteen and before January first, two thousand
 [twenty-six] TWENTY-NINE, a taxpayer shall be allowed a  credit,  to  be
 computed  as  provided  in  this subdivision, against the tax imposed by
 this article, for hiring and employing, for not less than twelve contin-
 uous and uninterrupted months (hereinafter referred to  as  the  twelve-
 month  period) in a full-time or part-time position, a qualified veteran
 within the state. The taxpayer may claim the credit in the year in which
 the qualified veteran completes the twelve-month period of employment by
 the taxpayer. If the taxpayer  claims  the  credit  allowed  under  this
 S. 3009--C                         106                        A. 3009--C
 
 subdivision,  the taxpayer may not use the hiring of a qualified veteran
 that is the basis for this credit in  the  basis  of  any  other  credit
 allowed under this article.
   §  2.  Subparagraph  2  of  paragraph (b) of subdivision 29 of section
 210-B of the tax law, as amended by section 1 of part H of chapter 59 of
 the laws of 2022, is amended to read as follows:
   (2) who commences employment by the qualified  taxpayer  on  or  after
 January  first,  two  thousand  fourteen,  and before January first, two
 thousand [twenty-five] TWENTY-EIGHT; and
   § 3. Paragraph 1 of subsection (a-2) of section 606 of the tax law, as
 amended by section 2 of part H of chapter 59 of the  laws  of  2022,  is
 amended to read as follows:
   (1) Allowance of credit. For taxable years beginning on or after Janu-
 ary  first,  two thousand fifteen and before January first, two thousand
 [twenty-six] TWENTY-NINE, a taxpayer shall be allowed a  credit,  to  be
 computed as provided in this subsection, against the tax imposed by this
 article,  for  hiring and employing, for not less than twelve continuous
 and uninterrupted months (hereinafter referred to  as  the  twelve-month
 period) in a full-time or part-time position, a qualified veteran within
 the  state.  The  taxpayer may claim the credit in the year in which the
 qualified veteran completes the twelve-month period of employment by the
 taxpayer.  If  the  taxpayer  claims  the  credit  allowed  under   this
 subsection,  the  taxpayer may not use the hiring of a qualified veteran
 that is the basis for this credit in  the  basis  of  any  other  credit
 allowed under this article.
   §  4.  Subparagraph  (B) of paragraph 2 of subsection (a-2) of section
 606 of the tax law, as amended by section 2 of part H of chapter  59  of
 the laws of 2022, is amended to read as follows:
   (B)  who  commences  employment  by the qualified taxpayer on or after
 January first, two thousand fourteen,  and  before  January  first,  two
 thousand [twenty-five] TWENTY-EIGHT; and
   §  5. Paragraph 1 of subdivision (g-1) of section 1511 of the tax law,
 as amended by section 3 of part H of chapter 59 of the laws of 2022,  is
 amended to read as follows:
   (1) Allowance of credit. For taxable years beginning on or after Janu-
 ary  first,  two thousand fifteen and before January first, two thousand
 [twenty-six] TWENTY-NINE, a taxpayer shall be allowed a  credit,  to  be
 computed  as  provided  in  this subdivision, against the tax imposed by
 this article, for hiring and employing, for not less than twelve contin-
 uous and uninterrupted months (hereinafter referred to  as  the  twelve-
 month  period) in a full-time or part-time position, a qualified veteran
 within the state. The taxpayer may claim the credit in the year in which
 the qualified veteran completes the twelve-month period of employment by
 the taxpayer. If the taxpayer  claims  the  credit  allowed  under  this
 subdivision,  the taxpayer may not use the hiring of a qualified veteran
 that is the basis for this credit in  the  basis  of  any  other  credit
 allowed under this article.
   §  6.  Subparagraph (B) of paragraph 2 of subdivision (g-1) of section
 1511 of the tax law, as amended by section 3 of part H of chapter 59  of
 the laws of 2022, is amended to read as follows:
   (B)  who  commences  employment  by the qualified taxpayer on or after
 January first, two thousand fourteen,  and  before  January  first,  two
 thousand [twenty-five] TWENTY-EIGHT; and
   § 7. This act shall take effect immediately.
 
                                  PART DD
 S. 3009--C                         107                        A. 3009--C
 
   Section  1.  Section  5  of part HH of chapter 59 of the laws of 2014,
 amending the tax law relating to a  musical  and  theatrical  production
 credit,  as amended by section 1 of part HH of chapter 59 of the laws of
 2021, is amended to read as follows:
   § 5. This act shall take effect immediately, provided that section two
 of  this  act  shall  take effect on January 1, 2015, and shall apply to
 taxable years beginning on or after January 1,  2015,  with  respect  to
 "qualified  production  expenditures"  and "transportation expenditures"
 paid or incurred on or after such effective date, regardless of  whether
 the  production  of  the  qualified  musical  or  theatrical  production
 commenced before such date, provided further that this act shall  expire
 and be deemed repealed January 1, [2026] 2030.
   § 2. This act shall take effect immediately.
 
                                  PART EE
 
 Section 1. Section 2 of part U of chapter 59 of the laws of 2017, amend-
 ing the tax law, relating to the financial institution data match system
 for  state tax collection purposes, as amended by section 1 of part A of
 chapter 59 of the laws of 2020, is amended to read as follows:
   § 2. This act shall take effect immediately and shall expire April  1,
 [2025]  2030  when  upon  such  date the provisions of this act shall be
 deemed repealed.
   § 2. This act shall take effect immediately.
                                  PART FF
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement  certain  provisions  regarding simplifying the
 pari-mutuel tax rate system. Each component is wholly contained within a
 Subpart identified as Subparts A through C. The effective date for  each
 particular  provision  contained within such Subpart is set forth in the
 last section of such Subpart. Any provision  in  any  section  contained
 within  a  Subpart,  including  the effective date of the Subpart, which
 makes a reference to a section "of this act", when  used  in  connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding section of the Subpart in which it is found. Section three
 of this act sets forth the general effective date of this act.
 
                                 SUBPART A
   Section  1.  The  racing,  pari-mutuel  wagering  and  breeding law is
 amended by adding a new section 136 to read as follows:
   § 136. PARI-MUTUEL WAGERING TAX. 1. NOTWITHSTANDING  ANY  LAW  TO  THE
 CONTRARY,  THE  EXCISE  TAX  IMPOSED ON ANY RACING ASSOCIATION OR CORPO-
 RATION OR REGIONAL OFF-TRACK BETTING CORPORATION, AUTHORIZED TO  CONDUCT
 PARI-MUTUEL  WAGERING SHALL BE SEVEN-TENTHS OF ONE PERCENT (0.7%) OF ALL
 MONEY WAGERED THROUGH SUCH ASSOCIATION OR CORPORATION.
   2. BEGINNING WITH STATE  FISCAL  YEAR  TWO  THOUSAND  TWENTY-SIX,  THE
 AGGREGATE AMOUNT OF THE PARI-MUTUEL WAGERING TAX PAID BY A HARNESS TRACK
 PURSUANT  TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION IN A STATE
 FISCAL YEAR SHALL NOT EXCEED THE PARI-MUTUEL WAGERING  TAX  ATTRIBUTABLE
 TO  LIVE  RACING  HANDLE PAID BY SUCH HARNESS TRACK IN STATE FISCAL YEAR
 TWO THOUSAND TWENTY-FOUR.
 S. 3009--C                         108                        A. 3009--C
 
   3. ALL PARI-MUTUEL WAGERING TAXES SHALL BE COLLECTED AND  REMITTED  IN
 THE  SAME  MANNER AS SUCH TAXES WERE COLLECTED AND REMITTED PRIOR TO THE
 ENACTMENT OF THIS SECTION.
   4.  BREAKS, AS DEFINED IN SECTIONS TWO HUNDRED THIRTY-SIX, TWO HUNDRED
 THIRTY-EIGHT, THREE HUNDRED EIGHTEEN, AND FOUR HUNDRED EIGHTEEN OF  THIS
 CHAPTER  ARE  NOT  PERMITTED,  UNLESS  REQUIRED  BY ANOTHER JURISDICTION
 PURSUANT TO SECTION NINE HUNDRED FIVE OF THIS CHAPTER. ALL DISTRIBUTIONS
 TO THE HOLDERS OF WINNING TICKETS SHALL BE  CALCULATED  TO  THE  NEAREST
 PENNY.
   5.  NOTWITHSTANDING  SUBDIVISION FOUR OF THIS SECTION, A RACETRACK MAY
 ROUND TO THE NEAREST NICKEL FOR BETS MADE AT THE FACILITY,  HOWEVER  THE
 BREAKS  MUST  BE  DIRECTED TO THE RETIRED AND RESCUED THOROUGHBRED HORSE
 AFTERCARE FUND PURSUANT TO SECTION TWO HUNDRED NINE-N OF THE TAX LAW  IF
 THE  BET WAS MADE ON A THOROUGHBRED RACE, AND TO THE RETIRED AND RESCUED
 STANDARDBRED HORSE AFTERCARE FUND PURSUANT TO SECTION TWO HUNDRED NINE-O
 OF THE TAX LAW IF THE BET WAS MADE ON A STANDARDBRED RACE.
   § 2. Section 908 of the racing, pari-mutuel wagering and breeding  law
 is REPEALED.
   §  3.  Section  1011  of the racing, pari-mutuel wagering and breeding
 law, as amended by chapter 243 of the laws of 2020, is amended  to  read
 as follows:
   §  1011.  Certain credit to off-track betting corporations. a. [During
 the period that a franchised corporation is simulcasting from a facility
 operated by such franchised corporation in the second zone as defined in
 section two hundred forty-seven of this chapter to a  facility  operated
 by such franchised corporation pursuant to section one thousand seven of
 this article, any off-track betting corporation operating in a county in
 which  such  association maintains a racetrack shall receive a credit of
 twenty-five percent of the state taxes  due  pursuant  to  section  five
 hundred twenty-seven of this chapter on wagers placed on races conducted
 by  such association, provided that such corporation has entered into an
 agreement with the employee organization representing the  employees  of
 such corporation in which it has agreed not to reduce its workforce as a
 result of such simulcasting.
   b.] During the days that a franchised corporation is simulcasting from
 a racetrack facility operated by such franchised corporation and located
 in  the  first  zone to a racetrack facility operated by such franchised
 corporation located wholly within a city of one  million  or  more,  one
 percent  of  the total wagers placed at such receiving facility shall be
 paid to such city.
   [c.] B. During the days that a franchised corporation is  simulcasting
 from  a  facility  located  wholly  within a city in the first zone to a
 racetrack facility  operated  by  such  franchised  corporation  located
 partially  within  a city with a population in excess of one million and
 partially within a county, one-half percent of the total  wagers  placed
 at  such  receiving  facility  shall  be  paid to such city and one-half
 percent of such wagers shall be paid to such county.
   § 4. This act shall take effect September 1, 2025.
 
                                 SUBPART B
 
   Section 1. Paragraph (a) of subdivision  1  of  section  1003  of  the
 racing,  pari-mutuel  wagering and breeding law, as amended by section 1
 of part P of chapter 59 of the laws of  2024,  is  amended  to  read  as
 follows:
 S. 3009--C                         109                        A. 3009--C
 
   (a)  Any  racing  association  or  corporation  or  regional off-track
 betting corporation, authorized to conduct  pari-mutuel  wagering  under
 this  chapter, desiring to display the simulcast of horse races on which
 pari-mutuel betting shall be permitted in the manner and subject to  the
 conditions  provided for in this article may apply to the commission for
 a license so to do. Applications for licenses shall be in such  form  as
 may  be  prescribed by the commission and shall contain such information
 or other material or evidence as the commission may require. No  license
 shall be issued by the commission authorizing the simulcast transmission
 of  thoroughbred  races  from a track located in Suffolk county. The fee
 for such licenses shall be five hundred dollars per  simulcast  facility
 and  for  account wagering licensees that do not operate either a simul-
 cast facility that is open to the public within the state of New York or
 a licensed racetrack within the state, twenty thousand dollars per  year
 payable  by  the licensee to the commission for deposit into the general
 fund. Except as provided in  this  section,  the  commission  shall  not
 approve any application to conduct simulcasting into individual or group
 residences,  homes  or  other areas for the purposes of or in connection
 with pari-mutuel wagering. The commission may approve simulcasting  into
 residences,  homes or other areas to be conducted jointly by one or more
 regional off-track betting corporations and one or more of  the  follow-
 ing:  a  franchised  corporation,  thoroughbred  racing corporation or a
 harness racing corporation or association; provided (i) the simulcasting
 consists only of those races on which pari-mutuel betting is  authorized
 by  this  chapter  at  one  or more simulcast facilities for each of the
 contracting off-track betting corporations which  shall  include  wagers
 made  in  accordance  with  section  one  thousand fifteen, one thousand
 sixteen and one thousand seventeen of  this  article;  provided  further
 that  the  contract  provisions or other simulcast arrangements for such
 simulcast facility shall be no less favorable than those  in  effect  on
 January  first,  two  thousand  five;  (ii)  that each off-track betting
 corporation having within its  geographic  boundaries  such  residences,
 homes  or  other  areas  technically  capable of receiving the simulcast
 signal shall be a contracting party; (iii) the distribution of  revenues
 shall  be  subject  to  contractual agreement of the parties except that
 statutory payments to  non-contracting  parties,  if  any,  may  not  be
 reduced;  provided,  however,  that nothing herein to the contrary shall
 prevent a track from televising its races on an irregular basis primari-
 ly for promotional or marketing purposes as found by the commission. For
 purposes of this paragraph, the provisions of section one thousand thir-
 teen of this article shall  not  apply.  Any  agreement  authorizing  an
 in-home simulcasting experiment commencing prior to May fifteenth, nine-
 teen hundred ninety-five, may, and all its terms, be extended until June
 thirtieth,  two  thousand  [twenty-five]  TWENTY-SIX; provided, however,
 that any party to such agreement may elect to terminate  such  agreement
 upon  conveying written notice to all other parties of such agreement at
 least forty-five days prior to the effective date  of  the  termination,
 via  registered mail. Any party to an agreement receiving such notice of
 an intent to terminate, may request the commission  to  mediate  between
 the  parties new terms and conditions in a replacement agreement between
 the parties as will permit continuation of an in-home  experiment  until
 June  thirtieth,  two  thousand  [twenty-five]  TWENTY-SIX;  and (iv) no
 in-home simulcasting in the thoroughbred special betting district  shall
 occur without the approval of the regional thoroughbred track.
   §  2.  Subparagraph  (iii)  of paragraph d of subdivision 3 of section
 1007 of the racing, pari-mutuel wagering and breeding law, as amended by
 S. 3009--C                         110                        A. 3009--C
 
 section 2 of part P of chapter 59 of the laws of  2024,  is  amended  to
 read as follows:
   (iii) Of the sums retained by a receiving track located in Westchester
 county  on  races received from a franchised corporation, for the period
 commencing January first, two thousand eight and continuing through June
 thirtieth, two thousand [twenty-five] TWENTY-SIX, the amount used exclu-
 sively for purses to be awarded at races  conducted  by  such  receiving
 track  shall  be  computed  as follows: of the sums so retained, two and
 one-half percent of the total pools. Such amount shall be  increased  or
 decreased  in  the  amount  of  fifty percent of the difference in total
 commissions determined by  comparing  the  total  commissions  available
 after  July  twenty-first,  nineteen  hundred  ninety-five  to the total
 commissions that would have been available to such track prior  to  July
 twenty-first, nineteen hundred ninety-five.
   §  3.  The  opening  paragraph of subdivision 1 of section 1014 of the
 racing, pari-mutuel wagering and breeding law, as amended by  section  3
 of  part  P  of  chapter  59  of the laws of 2024, is amended to read as
 follows:
   The provisions of this section shall govern the simulcasting of  races
 conducted  at thoroughbred tracks located in another state or country on
 any day during which a franchised corporation is conducting a race meet-
 ing in Saratoga county at Saratoga  thoroughbred  racetrack  until  June
 thirtieth,  two thousand [twenty-five] TWENTY-SIX and on any day regard-
 less of whether or not a franchised corporation  is  conducting  a  race
 meeting in Saratoga county at Saratoga thoroughbred racetrack after June
 thirtieth, two thousand [twenty-five] TWENTY-SIX.  On any day on which a
 franchised  corporation  has  not  scheduled  a  racing  program  but  a
 thoroughbred racing corporation located within the state  is  conducting
 racing, each off-track betting corporation branch office and each simul-
 casting  facility licensed in accordance with section one thousand seven
 (that has entered into a written agreement with such  facility's  repre-
 sentative  horsemen's  organization, as approved by the commission), one
 thousand eight, or one thousand nine of this article shall be authorized
 to accept wagers and display the live simulcast signal from thoroughbred
 tracks located in another  state  or  foreign  country  subject  to  the
 following provisions:
   § 4. Subdivision 1 of section 1015 of the racing, pari-mutuel wagering
 and breeding law, as amended by section 4 of part P of chapter 59 of the
 laws of 2024, is amended to read as follows:
   1.  The  provisions  of  this section shall govern the simulcasting of
 races conducted at harness tracks located in another  state  or  country
 during  the period July first, nineteen hundred ninety-four through June
 thirtieth, two thousand [twenty-five] TWENTY-SIX.   This  section  shall
 supersede all inconsistent provisions of this chapter.
   §  5.  The  opening  paragraph of subdivision 1 of section 1016 of the
 racing, pari-mutuel wagering and breeding law, as amended by  section  5
 of  part  P  of  chapter  59  of the laws of 2024, is amended to read as
 follows:
   The provisions of this section shall govern the simulcasting of  races
 conducted  at thoroughbred tracks located in another state or country on
 any day during which a franchised corporation is not conducting  a  race
 meeting in Saratoga county at Saratoga thoroughbred racetrack until June
 thirtieth,  two  thousand  [twenty-five]  TWENTY-SIX.    Every off-track
 betting  corporation  branch  office  and  every  simulcasting  facility
 licensed in accordance with section one thousand seven that have entered
 into  a written agreement with such facility's representative horsemen's
 S. 3009--C                         111                        A. 3009--C
 
 organization as approved by the commission, one thousand  eight  or  one
 thousand  nine  of this article shall be authorized to accept wagers and
 display the live  full-card  simulcast  signal  of  thoroughbred  tracks
 (which  may  include  quarter  horse or mixed meetings provided that all
 such wagering on such races shall be construed to be thoroughbred races)
 located in another state or foreign country, subject  to  the  following
 provisions;  provided,  however,  no  such  written  agreement  shall be
 required of a franchised corporation licensed in accordance with section
 one thousand seven of this article:
   § 6. The opening paragraph of section 1018 of the racing,  pari-mutuel
 wagering  and breeding law, as amended by section 6 of part P of chapter
 59 of the laws of 2024, is amended to read as follows:
   Notwithstanding any other provision of this chapter,  for  the  period
 July  twenty-fifth, two thousand one through September eighth, two thou-
 sand  [twenty-four]  TWENTY-FIVE,  when  a  franchised  corporation   is
 conducting  a  race  meeting  within  the state at Saratoga Race Course,
 every off-track betting corporation branch office and every simulcasting
 facility licensed in accordance with section one  thousand  seven  (that
 has entered into a written agreement with such facility's representative
 horsemen's  organization  as  approved  by the commission), one thousand
 eight or one thousand nine of this article shall be authorized to accept
 wagers and display the live simulcast signal  from  thoroughbred  tracks
 located  in  another  state,  provided  that  such facility shall accept
 wagers on races run  at  all  in-state  thoroughbred  tracks  which  are
 conducting   racing   programs  subject  to  the  following  provisions;
 provided, however, no such written agreement  shall  be  required  of  a
 franchised  corporation licensed in accordance with section one thousand
 seven of this article.
   § 7. Section 32 of chapter 281 of  the  laws  of  1994,  amending  the
 racing, pari-mutuel wagering and breeding law and other laws relating to
 simulcasting,  as  amended  by  section 7 of part P of chapter 59 of the
 laws of 2024, is amended to read as follows:
   § 32. This act shall take effect immediately and the  pari-mutuel  tax
 reductions  in  section  six  of  this  act  shall  expire and be deemed
 repealed on  July  1,  [2025]  2026;  provided,  however,  that  nothing
 contained  herein  shall be deemed to affect the application, qualifica-
 tion, expiration, or repeal of any  provision  of  law  amended  by  any
 section  of  this act, and such provisions shall be applied or qualified
 or shall expire or be deemed repealed in the same manner,  to  the  same
 extent  and on the same date as the case may be as otherwise provided by
 law; provided further, however, that sections twenty-three  and  twenty-
 five of this act shall remain in full force and effect only until May 1,
 1997 and at such time shall be deemed to be repealed.
   §  8.  Section  54  of  chapter  346 of the laws of 1990, amending the
 racing, pari-mutuel wagering and breeding law and other laws relating to
 simulcasting and the imposition of certain taxes, as amended by  section
 8  of  part  P  of chapter 59 of the laws of 2024, is amended to read as
 follows:
   § 54. This act  shall  take  effect  immediately;  provided,  however,
 sections  three  through twelve of this act shall take effect on January
 1, 1991, and section 1013 of the racing, pari-mutuel wagering and breed-
 ing law, as added by section thirty-eight of this act, shall expire  and
 be  deemed repealed on July 1, [2025] 2026; and section eighteen of this
 act shall take effect on July 1, 2008 and sections fifty-one and  fifty-
 two  of this act shall take effect as of the same date as chapter 772 of
 the laws of 1989 took effect.
 S. 3009--C                         112                        A. 3009--C
 
   § 9. Paragraph (a) of subdivision 1 of  section  238  of  the  racing,
 pari-mutuel wagering and breeding law, as amended by section 9 of part P
 of chapter 59 of the laws of 2024, is amended to read as follows:
   (a)  The  franchised  corporation  authorized  under  this  chapter to
 conduct pari-mutuel betting at a race meeting or races run thereat shall
 distribute all sums deposited in any pari-mutuel pool to the holders  of
 winning tickets therein, provided such tickets are presented for payment
 before  April  first  of  the year following the year of their purchase,
 less an amount that shall be established and retained by such franchised
 corporation of between twelve to seventeen percent of the total deposits
 in pools resulting from on-track regular bets, and fourteen  to  twenty-
 one  percent  of  the  total  deposits  in pools resulting from on-track
 multiple bets and fifteen to twenty-five percent of the  total  deposits
 in  pools  resulting from on-track exotic bets and fifteen to thirty-six
 percent of the total deposits in pools  resulting  from  on-track  super
 exotic  bets,  plus  the breaks. The retention rate to be established is
 subject to the prior approval of the commission.
   Such rate may not be changed more than once per calendar quarter to be
 effective on the first day of the calendar quarter.  "Exotic  bets"  and
 "multiple  bets"  shall  have  the  meanings  set  forth in section five
 hundred nineteen of this chapter. "Super exotic  bets"  shall  have  the
 meaning  set  forth  in  section  three hundred one of this chapter. For
 purposes of this section, a "pick six bet" shall mean a  single  bet  or
 wager on the outcomes of six races. The breaks are hereby defined as the
 odd  cents over any multiple of five for payoffs greater than one dollar
 five cents but less than five dollars, over  any  multiple  of  ten  for
 payoffs  greater  than  five  dollars but less than twenty-five dollars,
 over any multiple of twenty-five for payoffs  greater  than  twenty-five
 dollars but less than two hundred fifty dollars, or over any multiple of
 fifty  for  payoffs over two hundred fifty dollars. Out of the amount so
 retained there shall be paid  by  such  franchised  corporation  to  the
 commissioner  of  taxation and finance, as a reasonable tax by the state
 for the privilege of conducting pari-mutuel betting on the races run  at
 the  race  meetings  held  by such franchised corporation, the following
 percentages of the total pool for regular and multiple bets five percent
 of regular bets and four percent of multiple bets plus twenty percent of
 the breaks; for exotic wagers seven and  one-half  percent  plus  twenty
 percent  of  the  breaks,  and  for super exotic bets seven and one-half
 percent plus fifty percent of the breaks.
   For the period April first, two thousand one through December  thirty-
 first,  two  thousand  [twenty-five]  TWENTY-SIX, such tax on all wagers
 shall be one and six-tenths percent, plus, in each such  period,  twenty
 percent of the breaks. Payment to the New York state thoroughbred breed-
 ing  and  development  fund by such franchised corporation shall be one-
 half of one percent of total daily on-track pari-mutuel pools  resulting
 from regular, multiple and exotic bets and three percent of super exotic
 bets  and  for the period April first, two thousand one through December
 thirty-first, two thousand [twenty-five] TWENTY-SIX, such payment  shall
 be seven-tenths of one percent of regular, multiple and exotic pools.
   § 10. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section  1.  Subdivision  1 and paragraphs a and b of subdivision 2 of
 section 115-b of the racing, pari-mutuel wagering and breeding  law,  as
 S. 3009--C                         113                        A. 3009--C
 
 added  by  chapter  174  of  the  laws  of  2013, are amended to read as
 follows:
   1.  Notwithstanding  any  other  provision of law to the contrary, any
 racing associations and corporations, franchised corporations, and  off-
 track  betting  corporations that makes a payment of the regulatory fees
 imposed by this chapter may reduce such payment by an  amount  equal  to
 the  market origin credit allocated to such racing association or corpo-
 ration, franchised corporation, or off-track betting corporation by  the
 commission.  The commission shall allocate credits in an amount equal to
 [ninety] EIGHTY-TWO AND SIX-TENTHS percent of the amount  received  from
 the  market  origin  fee paid pursuant to subdivision six of section one
 thousand twelve-a of this chapter for the period from the sixteenth  day
 of  the  preceding month through the fifteenth day of the current month.
 The commission shall notify participants of allocations on or before the
 twentieth day of the current month.
   a. [Forty] THIRTY-SIX AND SEVEN-TENTHS percent of the amount  received
 from  the  market origin fee paid pursuant to subdivision six of section
 one thousand twelve-a of this  chapter  to  regional  off-track  betting
 corporations.  Allocations  to  individual  regional  off-track  betting
 corporations shall be made based on a ratio where the numerator  is  the
 regional  corporation's  total in-state handle for the previous calendar
 year as calculated by the commission and the denominator  is  the  total
 in-state  handle  of all the regional off-track betting corporations for
 the previous calendar year as calculated by the commission;
   b. [Fifty] FORTY-FIVE AND NINE-TENTHS percent of the  amount  received
 from  the  market origin fee paid pursuant to subdivision six of section
 one thousand twelve-a of this chapter to  the  racing  associations  and
 corporations  and  franchised  corporations.  Allocations  to individual
 racing associations and corporations and franchised  corporations  shall
 be made as follows:
   (i)  Sixty  percent to thoroughbred racing associations and franchised
 corporations. Five-sixths shall be allocated to a franchised corporation
 and one-sixth shall be allocated to a thoroughbred racing association.
   (ii) Forty percent to harness racing  associations  and  corporations.
 Allocations  to  individual harness racing associations and corporations
 shall be made based on a ratio where the numerator is the  association's
 or  corporation's  total in-state handle on live racing for the previous
 calendar year as calculated by the commission and the denominator is the
 total in-state on live handle for all harness  racing  associations  and
 corporations for the previous calendar year as calculated by the commis-
 sion.
   § 2. Subdivision 6 of section 1012-a of the racing, pari-mutuel wager-
 ing  and breeding law, as amended by chapter 243 of the laws of 2020, is
 amended to read as follows:
   6. multi-jurisdictional account wagering providers shall:
   (A) pay a market origin fee equal to five  AND  FORTY-FIVE  HUNDREDTHS
 percent on each wager accepted from New York residents. [Multi-jurisdic-
 tional account wagering providers shall]
   (B)  PAY AN ADDITIONAL FEE EQUAL TO ONE PERCENT ON EACH WAGER ACCEPTED
 FROM NEW YORK RESIDENTS WHICH SHALL BE DIRECTED TO THE GENERAL  FUND  OF
 THE STATE TREASURY.
   (C)  make  the  required  payments  to the market origin account on or
 before the fifth business day of each month and such  required  payments
 shall cover payments due for the period of the preceding calendar month;
 provided,  however,  that  such  payments  required  to be made on April
 fifteenth shall be accompanied by a report under oath, showing the total
 S. 3009--C                         114                        A. 3009--C
 
 of all such payments,  together  with  such  other  information  as  the
 commission  may  require.  A penalty of five percent and interest at the
 rate of one percent per month from the date the report is required to be
 filed  to  the  date  the  payment shall be payable in case any payments
 required by this subdivision are not paid when due.  If  the  commission
 determines  that any moneys received under this subdivision were paid in
 error, the commission may cause the same to be refunded without interest
 out of any moneys collected thereunder, provided an application therefor
 is filed with the commission within one year from the time the erroneous
 payment was made. The commission shall pay into  the  racing  regulation
 account,  under the joint custody of the comptroller and the commission,
 the total amount of the fee collected pursuant to PARAGRAPH (A) OF  this
 [section] SUBDIVISION.
   §  3.  Subdivision  3  of  section  99-i  of the state finance law, as
 amended by chapter 174 of the laws  of  2013,  is  amended  to  read  as
 follows:
   3.  Moneys of this account shall be available to the commission to pay
 for the costs of carrying out the purposes of  the  racing,  pari-mutuel
 wagering  and breeding law; provided, however, an amount equal to [five]
 TWELVE AND EIGHT-TENTHS percent of the amount received  by  the  account
 from  the  market  origin  fee imposed by subdivision six of section one
 thousand twelve-a of the racing, pari-mutuel wagering and  breeding  law
 shall be transferred to the state department of taxation and finance and
 the  department  shall  deem this transfer as a payment of a pari-mutuel
 tax.
   § 4. 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 C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART GG
 
   Section  1.  Subdivision  1 of section 1351 of the racing, pari-mutuel
 wagering and breeding law, as added by chapter 174 of the laws of  2013,
 is amended to read as follows:
   1.  (A)  For  a gaming facility in zone two, there is hereby imposed a
 tax on gross gaming revenues. The amount of such tax imposed shall be as
 follows; provided, however, should a licensee  have  agreed  within  its
 application  to  supplement  the  tax  with  a  binding supplemental fee
 payment exceeding the aforementioned tax rate, such tax and supplemental
 fee shall apply for a gaming facility:
   [(a)] (1) in region two, forty-five percent of  gross  gaming  revenue
 from  slot  machines  and  ten  percent of gross gaming revenue from all
 other sources.
   [(b)] (2) in region one, thirty-nine percent of gross  gaming  revenue
 from  slot  machines  and  ten  percent of gross gaming revenue from all
 other sources.
 S. 3009--C                         115                        A. 3009--C
 
   [(c)] (3) in region five, thirty-seven percent of gross gaming revenue
 from slot machines and ten percent of  gross  gaming  revenue  from  all
 other sources.
   (B)  (1)  NOTWITHSTANDING  THE  TAX RATES ON GROSS GAMING REVENUE FROM
 SLOT MACHINES PROVIDED IN PARAGRAPH (A) OF  THIS  SUBDIVISION,  FOR  THE
 PERIOD  OF  APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH JUNE THIRTIETH,
 TWO THOUSAND THIRTY-ONE, EACH GAMING FACILITY IN ZONE TWO SHALL CONTINUE
 TO BE SUBJECT TO THE SAME TAX RATE ON GROSS  GAMING  REVENUE  FROM  SLOT
 MACHINES AS WAS IMPOSED IN THE PRECEDING FISCAL YEAR.
   (2)  AS  A  CONDITION OF THE LOWER SLOT MACHINE TAX RATE, THE LICENSED
 GAMING FACILITY MUST:
   (I) BE CURRENT ON ALL STATUTORY  OBLIGATIONS  TO  THE  STATE  OR  HAVE
 ENTERED  INTO  AND  BE IN COMPLIANCE WITH A REPAYMENT AGREEMENT WITH THE
 STATE.  IF THE COMMISSION, IN ITS SOLE  DISCRETION,  DETERMINES  THAT  A
 GAMING  FACILITY  HAS  NOT  ADHERED  TO THIS CONDITION FOR ANY SUCH TIME
 PERIOD, THE GAMING FACILITY SHALL FORFEIT THIS LOWER  SLOT  MACHINE  TAX
 RATE FOR SUCH TIME PERIOD.
   (II)  HAVE PROVIDED THE INITIAL REPORT TO THE GOVERNOR, THE SPEAKER OF
 THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE  COMMISSION
 AS REQUIRED PURSUANT TO SUBDIVISION ONE-B OF THIS SECTION.
   (3)  (I) EACH GAMING FACILITY SHALL PROVIDE AN ANNUAL FISCAL REPORT TO
 THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE  TEMPORARY  PRESIDENT  OF
 THE  SENATE,  DIRECTOR  OF  THE  DIVISION  OF  BUDGET AND THE COMMISSION
 DETAILING ACTUAL USE OF THE FUNDS RESULTING FROM THE LOWER SLOT  MACHINE
 TAX  RATE.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY IMPACT
 ON EMPLOYMENT LEVELS SINCE RECEIVING THE LOWER SLOT MACHINE TAX RATE, AN
 ACCOUNTING OF THE USE OF SUCH FUNDS, ANY OTHER MEASURES  IMPLEMENTED  TO
 IMPROVE  THE  FINANCIAL  STABILITY  OF THE GAMING FACILITY AND ANY OTHER
 INFORMATION AS DEEMED NECESSARY BY THE COMMISSION. SUCH REPORT SHALL  BE
 DUE  NO LATER THAN JANUARY FIRST OF EACH YEAR AND SHALL BE POSTED ON THE
 COMMISSION WEBSITE.
   (II) AT THE CONCLUSION OF EACH YEAR, A LICENSED GAMING FACILITY  SHALL
 PROVIDE  AN AFFIRMATION IN WRITING TO THE COMMISSION STATING THE EMPLOY-
 MENT GOAL IN SUBDIVISION ONE-B OF THIS SECTION WAS EITHER MET OR NOT MET
 AS DESCRIBED IN THE INITIAL REPORT. IF THE LICENSED GAMING  FACILITY  IS
 FOUND TO HAVE NOT ADHERED TO THE PLAN BY THE COMMISSION, THEN THE APPLI-
 CABLE  SLOT TAX RATE MAY BE ADJUSTED AT THE DISCRETION OF THE COMMISSION
 AS FOLLOWS:
   (A) IF THE ACTUAL EMPLOYMENT NUMBER IS MORE THAN  FIFTY  PERCENT  LESS
 THAN  THE  EMPLOYMENT GOAL, THEN THE SLOT TAX RATE SHALL BE INCREASED BY
 TEN PERCENTAGE POINTS.
   (B) IF THE ACTUAL EMPLOYMENT NUMBER IS MORE THAN  FORTY  PERCENT  LESS
 THAN  THE  EMPLOYMENT GOAL, THEN THE SLOT TAX RATE SHALL BE INCREASED BY
 EIGHT PERCENTAGE POINTS.
   (C) IF THE ACTUAL EMPLOYMENT NUMBER IS MORE THAN THIRTY  PERCENT  LESS
 THAN  THE  EMPLOYMENT GOAL, THEN THE SLOT TAX RATE SHALL BE INCREASED BY
 SIX PERCENTAGE POINTS.
   (D) IF THE ACTUAL EMPLOYMENT NUMBER IS MORE THAN TWENTY  PERCENT  LESS
 THAN  THE  EMPLOYMENT GOAL, THEN THE SLOT TAX RATE SHALL BE INCREASED BY
 FOUR PERCENTAGE POINTS.
   (E) IF THE ACTUAL EMPLOYMENT NUMBER IS MORE THAN TEN PERCENT LESS THAN
 THE EMPLOYMENT GOAL, THEN THE SLOT TAX RATE SHALL BE  INCREASED  BY  TWO
 PERCENTAGE POINTS.
   (III) SUCH FINDING AND THE REASONING THEREOF SHALL OCCUR NO LATER THAN
 THIRTY DAYS FOLLOWING SUBMISSION OF THE WRITTEN AFFIRMATION.
 S. 3009--C                         116                        A. 3009--C
 
   § 2. Section 1351 of the racing, pari-mutuel wagering and breeding law
 is amended by adding a new subdivision 1-b to read as follows:
   1-B.  AS  A CONDITION OF THE LOWER SLOT MACHINE TAX RATE TAKING EFFECT
 APRIL FIRST, TWO THOUSAND TWENTY-SIX, PURSUANT  TO  SUBDIVISION  ONE  OF
 THIS  SECTION,  THE  LICENSED  GAMING  FACILITY  MUST PROVIDE AN INITIAL
 REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRES-
 IDENT OF THE SENATE, AND THE COMMISSION  CLEARLY  DETAILING  THE  ESTAB-
 LISHED  QUARTERLY  AND  ANNUAL  EMPLOYMENT GOALS OF INCREASING FULL-TIME
 EMPLOYEES FOR EACH YEAR THAT THE FACILITY WILL RECEIVE A LOWER TAX  RATE
 AND  ANY  SUBSTANTIAL CHANGES TO THE INITIAL PLAN. THIS REPORT IS DUE NO
 LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-SIX AND SHALL BE POSTED ON
 THE COMMISSION'S WEBSITE.
   § 3. Section 2 of part OOO of chapter 59 of the laws of 2021  amending
 the racing, pari-mutuel wagering  and  breeding  law relating to the tax
 on gaming revenues, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed [five years after such date] APRIL 1, 2026.
   § 4. This act shall take effect immediately;  provided  however,  that
 section one of this act shall take effect on the same date as the rever-
 sion  of subdivision 1 of section 1351 of the racing, pari-mutuel wager-
 ing and breeding law as provided in section 2 of part OOO of chapter  59
 of the laws of 2021, as amended; provided further, that sections one and
 two of this act shall expire and be deemed repealed July 1, 2031.
 
                                  PART HH
 
   Section  1.  Subdivision 2 of section 509-a of the racing, pari-mutuel
 wagering and breeding law, as amended by section 1 of part O of  chapter
 59 of the laws of 2024, is amended to read as follows:
   2.  a. Notwithstanding any other provision of law or regulation to the
 contrary, from April nineteenth, two thousand twenty-one to March  thir-
 ty-first,  two  thousand  twenty-two, twenty-three percent of the funds,
 not to exceed two and one-half million dollars,  in  the  Catskill  off-
 track  betting  corporation's  capital acquisition fund and twenty-three
 percent of the funds, not to exceed four hundred forty thousand dollars,
 in the Capital off-track betting corporation's capital acquisition  fund
 established  pursuant  to  this  section shall also be available to such
 off-track betting corporation for the purposes of statutory obligations,
 payroll, and expenditures necessary to accept authorized wagers.
   b. Notwithstanding any other provision of law  or  regulation  to  the
 contrary,  from  April  first,  two thousand twenty-two to March thirty-
 first, two thousand twenty-three, twenty-three percent of the funds, not
 to exceed two and one-half million dollars, in  the  Catskill  off-track
 betting  corporation's  capital acquisition fund established pursuant to
 this section, and twenty-three percent of the funds, not to exceed  four
 hundred  forty thousand dollars, in the Capital off-track betting corpo-
 ration's capital acquisition fund established pursuant to this  section,
 shall  be  available  to  such  off-track  betting  corporations for the
 purposes of statutory obligations, payroll, and  expenditures  necessary
 to accept authorized wagers.
   c.  Notwithstanding  any  other  provision of law or regulation to the
 contrary, from April first, two thousand twenty-three to  March  thirty-
 first,  two thousand twenty-four, twenty-three percent of the funds, not
 to exceed two and one-half million dollars, in  the  Catskill  off-track
 betting  corporation's  capital acquisition fund established pursuant to
 this section, and one million dollars in the Capital  off-track  betting
 S. 3009--C                         117                        A. 3009--C
 
 corporation's  capital  acquisition  fund  established  pursuant to this
 section, shall be available to such off-track  betting  corporation  for
 the purposes of expenditures necessary to accept authorized wagers; past
 due  statutory  obligations  to  New  York licensed or franchised racing
 corporations or associations; past due contractual  obligations  due  to
 other  racing associations or organizations for the costs of acquiring a
 simulcast signal; past due statutory payment obligations due to the  New
 York state thoroughbred breeding and development fund corporation, agri-
 culture  and  New  York  state  horse breeding development fund, and the
 Harry M. Zweig memorial fund for equine research;  and  past  due  obli-
 gations due the state.
   d.  Notwithstanding  any  other  provision of law or regulation to the
 contrary, from April first, two thousand twenty-four  to  March  thirty-
 first,  two thousand twenty-five, twenty-three percent of the funds, not
 to exceed two and one-half million dollars, in  the  Catskill  off-track
 betting  corporation's  capital acquisition fund established pursuant to
 this section, and one million dollars in the Capital  off-track  betting
 corporation's  capital  acquisition  fund  established  pursuant to this
 section, shall be available to such off-track  betting  corporation  for
 the purposes of expenditures necessary to accept authorized wagers; past
 due  statutory  obligations  to  New  York licensed or franchised racing
 corporations or associations; past due contractual  obligations  due  to
 other  racing associations or organizations for the costs of acquiring a
 simulcast signal; past due statutory payment obligations due to the  New
 York state thoroughbred breeding and development fund corporation, agri-
 culture  and  New  York  state  horse breeding development fund, and the
 Harry M. Zweig memorial fund for equine research;  and  past  due  obli-
 gations due the state.
   e.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW OR REGULATION TO THE
 CONTRARY, FROM APRIL FIRST, TWO THOUSAND TWENTY-FIVE  TO  MARCH  THIRTY-
 FIRST,  TWO THOUSAND TWENTY-SIX, ONE MILLION DOLLARS IN THE CAPITAL OFF-
 TRACK BETTING CORPORATION'S CAPITAL ACQUISITION FUND ESTABLISHED  PURSU-
 ANT  TO  THIS  SECTION  SHALL  BE  AVAILABLE  TO  SUCH OFF-TRACK BETTING
 CORPORATION FOR THE PURPOSES OF EXPENDITURES NECESSARY TO ACCEPT AUTHOR-
 IZED WAGERS; PAST DUE STATUTORY OBLIGATIONS  TO  NEW  YORK  LICENSED  OR
 FRANCHISED  RACING  CORPORATIONS  OR  ASSOCIATIONS; PAST DUE CONTRACTUAL
 OBLIGATIONS DUE TO OTHER RACING ASSOCIATIONS OR  ORGANIZATIONS  FOR  THE
 COST  OF  ACQUIRING A SIMULCAST SIGNAL; PAST DUE STATUTORY PAYMENT OBLI-
 GATIONS DUE TO THE NEW YORK STATE THOROUGHBRED BREEDING AND  DEVELOPMENT
 FUND CORPORATION, AGRICULTURE AND NEW YORK STATE HORSE BREEDING DEVELOP-
 MENT FUND, AND THE HARRY M. ZWEIG MEMORIAL FUND FOR EQUINE RESEARCH; AND
 PAST DUE OBLIGATIONS DUE THE STATE.
   F.  Prior  to a corporation being able to utilize the funds authorized
 by paragraph c [or], d OR E of this subdivision,  the  corporation  must
 attest that the surcharge monies from section five hundred thirty-two of
 this  chapter  are being held separate and apart from any amounts other-
 wise authorized to be retained from pari-mutuel pools and all  surcharge
 monies  have  been  and  will  continue  to be paid to the localities as
 prescribed in law. Once this condition  is  satisfied,  the  corporation
 must  submit  an  expenditure  plan to the gaming commission for review.
 Such plan  shall  include  the  corporation's  outstanding  liabilities,
 projected  revenue  for the upcoming year, a detailed explanation of how
 the funds will be used, and any other information  necessary  to  detail
 such  plan  as determined by the commission. Upon review, the commission
 shall make a determination as to whether the requirements of this  para-
 graph have been satisfied and notify the corporation of expenditure plan
 S. 3009--C                         118                        A. 3009--C
 
 approval.  In  the  event  the commission determines the requirements of
 this paragraph have not been satisfied, the commission shall notify  the
 corporation  of  all deficiencies necessary for approval. As a condition
 of  such  expenditure  plan  approval,  the  corporation shall provide a
 report to the commission no later than the last day of the calendar year
 for which the funds are requested, which shall include an accounting  of
 the  use  of such funds. At such time, the commission may cause an inde-
 pendent audit to be conducted of the corporation's books to ensure  that
 all  moneys  were  spent  as indicated in such approved plan.  The audit
 shall be paid for from money in the fund established by this section. If
 the audit determines that a corporation used the money authorized  under
 this  section  for  a purpose other than one listed in their expenditure
 plan, then the corporation shall reimburse the capital acquisition  fund
 for the unauthorized amount.
   § 2. This act shall take effect immediately.
 
                                  PART II
 
   Section  1. Section 703 of the racing, pari-mutuel wagering and breed-
 ing law is amended by adding a new subdivision 1-a to read as follows:
   1-A. ALL AMOUNTS NECESSARY TO CONDUCT THE RESEARCH  PROJECT  SPECIFIED
 IN SUBDIVISION SEVEN OF SECTION SEVEN HUNDRED FOUR OF THIS ARTICLE SHALL
 BE  APPROPRIATED OR TRANSFERRED TO THE FUND FROM THE GENERAL FUND OF THE
 STATE TREASURY. SUCH FUNDS SHALL BE USED FOR THE PURPOSES  CONTAINED  IN
 THE AGREEMENT ESTABLISHED PURSUANT TO SUBDIVISION SEVEN OF SECTION SEVEN
 HUNDRED FOUR OF THIS ARTICLE, PROVIDED THAT SUCH AMOUNT SHALL NOT EXCEED
 WHAT IS NECESSARY TO COVER ALL EXPENSES AS CONTAINED IN SUCH AGREEMENT.
   §  2. Section 704 of the racing, pari-mutuel wagering and breeding law
 is amended by adding a new subdivision 7 to read as follows:
   7. (A) THE MONEYS APPROPRIATED OR TRANSFERRED TO  THE  FUND  FROM  THE
 GENERAL  FUND  OF  THE  STATE  TREASURY PURSUANT TO SUBDIVISION ONE-A OF
 SECTION SEVEN HUNDRED THREE OF THIS ARTICLE  SHALL  BE  EXPENDED  FOR  A
 THREE-YEAR  RESEARCH  PROJECT CONDUCTED PURSUANT TO AN AGREEMENT BETWEEN
 THE DEAN OF THE CORNELL UNIVERSITY COLLEGE OF  VETERINARY  MEDICINE  AND
 THE  EXECUTIVE  DIRECTOR  OF  THE COMMISSION. SUCH AGREEMENT SHALL, AT A
 MINIMUM, REQUIRE THE FOLLOWING:
   (I) PROPOSED RESEARCH TO IDENTIFY THE INCIDENT  OF  FETLOCK  FRACTURES
 AND  PRE-FRACTURE PATHOLOGY IN THOROUGHBRED RACEHORSES, WITH AND WITHOUT
 LAMENESS;
   (II) PROPOSED RESEARCH TO DETERMINE THE SENSITIVITY AND SPECIFICITY OF
 STANDING COMPUTED TOMOGRAPHY, POSITRON EMISSION TOMOGRAPHY, AND MAGNETIC
 RESONANCE IMAGING OF THOROUGHBRED RACEHORSES COMPARED TO THAT OF DIGITAL
 RADIOGRAPHS;
   (III) USE OF PHOTO-COUNTING COMPUTED TOMOGRAPHY AND HIGH FIELD MAGNET-
 IC RESONANCE IMAGING TO FURTHER DEFINE EARLY BONE PATHOLOGY IN THOROUGH-
 BRED RACEHORSES THAT SUFFER FATAL FRACTURES OF  THE  FETLOCK  JOINT,  TO
 FURTHER  CHARACTERIZE BLOOD BIOMARKER FINDINGS IN HEALTHY AND CLINICALLY
 LAME HORSES IN A LARGE POPULATION OF THOROUGHBRED RACEHORSES;
   (IV) ATTEMPTED REFINEMENT OF A RISK FACTOR INDEX FOR FATAL  MUSCULOSK-
 ELETAL INJURY FOR THOROUGHBRED RACING BASED ON EPIDEMIOLOGICAL FINDINGS,
 PRELIMINARY SCANNING TECHNOLOGY, CLINICAL EXAMINATION, AND ADVANCE IMAG-
 ING; AND
   (V) THAT AN ANNUAL UPDATE SHALL BE PROVIDED TO THE GOVERNOR, TEMPORARY
 PRESIDENT  OF  THE  SENATE,  AND  SPEAKER  OF THE ASSEMBLY REGARDING THE
 PROGRESSION OF THE RESEARCH PROJECT. SUCH ANNUAL UPDATE TO THE GOVERNOR,
 TEMPORARY PRESIDENT OF THE SENATE, AND SPEAKER OF THE ASSEMBLY SHALL  BE
 S. 3009--C                         119                        A. 3009--C
 
 DUE NO LATER THAN DECEMBER FIRST EACH YEAR. THE FINAL REPORT OUTLINED IN
 PARAGRAPH  (C)  OF  THIS  SUBDIVISION  SHALL  SATISFY  THE ANNUAL REPORT
 REQUIREMENT OUTLINED IN THIS SUBPARAGRAPH  FOR  THE  LAST  YEAR  OF  THE
 STUDY.
   (B) THE MONEYS APPROPRIATED OR TRANSFERRED TO THE FUND FROM THE GENER-
 AL  FUND  OF THE STATE TREASURY PURSUANT TO SUBDIVISION ONE-A OF SECTION
 SEVEN HUNDRED THREE OF THIS ARTICLE MAY BE USED  TO  PURCHASE  EQUIPMENT
 AND FUND STAFFING NEEDS NECESSARY TO CARRY OUT THE RESEARCH TASKS SPECI-
 FIED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  A FINAL REPORT THAT DESCRIBES THE RESULTS OF THE RESEARCH PROJECT
 SHALL BE PROVIDED TO  THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE,  THE  SPEAKER  OF  THE  ASSEMBLY, THE COMMISSION, THE FRANCHISED
 CORPORATION, AND ANY ENTITY LICENSED PURSUANT TO  ARTICLE  TWO  OF  THIS
 CHAPTER. SUCH FINAL REPORT SHALL INCLUDE, AT A MINIMUM:
   (I)  AN ACCOUNTING OF ALL EXPENDITURES RELATED TO THE RESEARCH PROJECT
 OUTLINED IN THIS  SUBDIVISION,  INCLUDING  EXPENDITURES  FOR  EQUIPMENT,
 SUPPLIES, PERSONNEL, OPERATIONS, AND ADMINISTRATION;
   (II)  A DESCRIPTION OF THE PROCEDURES FOR SELECTING HORSE PARTICIPANTS
 IN THE RESEARCH PROJECT OUTLINED IN THIS SUBDIVISION, INCLUDING CRITERIA
 FOR SELECTION AND ANY SCREENING OR ELIGIBILITY REQUIREMENTS; AND
   (III) A  SUMMARY  OF  FINDINGS  GATHERED  FROM  THE  RESEARCH  PROJECT
 OUTLINED  IN  THIS  SUBDIVISION,  INCLUDING  AN ANALYSIS OF RISK FACTORS
 CONTRIBUTING TO RACEHORSE INJURIES AND CONCLUSIONS DRAWN REGARDING SAFE-
 TY PROTOCOLS.
   (D) THE RESEARCHER MAY ALSO MAKE RECOMMENDATIONS FOR  CHANGES  TO  ANY
 EXISTING RULES OR REGULATIONS THAT THE RESEARCHER MAY DETERMINE WOULD BE
 HELPFUL TOWARD MAINTAINING THE HEALTH OF THE EQUINE ATHLETE.
   (E)  TO  THE  EXTENT  PRACTICABLE,  SCREENINGS  AND  ADVANCED  IMAGING
 SERVICES CONDUCTED PURSUANT TO THIS  AGREEMENT  MAY  BE  CONDUCTED  NEAR
 RACETRACKS AT BOTH BELMONT AND SARATOGA.
   (F) (I) SCREENINGS AND ADVANCED IMAGING SERVICES OF HORSES ENROLLED IN
 THE RESEARCH PROJECT SHALL BE OFFERED TO HORSEMEN FREE OF CHARGE.
   (II)  SUBJECT  TO AVAILABILITY, CORNELL RUFFIAN MAY PROVIDE SCREENINGS
 AND IMAGING SERVICES FOR NEW YORK HORSES THAT ARE NOT  ENROLLED  IN  THE
 RESEARCH PROJECT. CORNELL RUFFIAN MAY ONLY CHARGE SUCH OWNERS AND TRAIN-
 ERS  ITS  ACTUAL  COSTS FOR ANY SCREENING OR IMAGING SERVICE PROVIDED TO
 SUCH NON-ENROLLED HORSE.
   (III) CORNELL RUFFIAN SHALL HAVE NO  RESPONSIBILITY  TO  INTERPRET  OR
 ANALYZE  THE  RESULTS OF ANY SCAN OR ADVANCED IMAGE PROVIDED TO AN OWNER
 OR TRAINER OF A NON-ENROLLED HORSE.
   (IV) FOR PURPOSES OF THIS PARAGRAPH, A NEW YORK HORSE IS A HORSE  THAT
 HAS  BEEN  STABLED  IN  NEW  YORK FOR FOUR OF THE SIX MONTHS IMMEDIATELY
 PRECEDING THE DATE OF THE SCREENING OR ADVANCE IMAGING.
   (V) THE COSTS CHARGED ASSOCIATED WITH SCREENINGS AND  ADVANCED  IMAGES
 AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH SHALL BE INCLUDED IN THE ANNUAL
 UPDATE  OUTLINED  IN  SUBPARAGRAPH (V) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION.
   (G) ANY SCREENING AND IMAGING EQUIPMENT  PURCHASED  PURSUANT  TO  THIS
 SUBDIVISION  SHALL BE OWNED BY THE CORNELL UNIVERSITY COLLEGE OF VETERI-
 NARY MEDICINE.
   § 3. Section 208 of the racing, pari-mutuel wagering and breeding  law
 is amended by adding a new subdivision 10 to read as follows:
   10.  IT  IS  INCUMBENT  UPON  THE FRANCHISED CORPORATION TO ENSURE THE
 HEALTH AND SAFETY OF ITS EQUINE PARTICIPANTS.  TO ACCOMPLISH THAT  GOAL,
 THE FRANCHISED CORPORATION SHALL, BY SEPTEMBER FIRST, TWO THOUSAND TWEN-
 TY-FIVE,  MAKE  A  ONE-TIME  CONTRIBUTION  OF TWO MILLION DOLLARS TO THE
 S. 3009--C                         120                        A. 3009--C
 
 HARRY M. ZWEIG MEMORIAL FUND, ESTABLISHED UNDER  SECTION  SEVEN  HUNDRED
 ONE  OF  THIS  CHAPTER,  FOR THE SOLE PURPOSE OF OFF-SETTING THE COST OF
 PURCHASING SCREENING AND IMAGING EQUIPMENT FOR THE RESEARCH  PROJECT  AS
 SPECIFIED  IN  SUBDIVISION  SEVEN  OF SECTION SEVEN HUNDRED FOUR OF THIS
 CHAPTER. THE HARRY M. ZWEIG MEMORIAL FUND SHALL HOLD SUCH  MONEY  IN  AN
 ESCROW ACCOUNT UNTIL SUCH TIME AS IT IS NECESSARY TO PURCHASE THE EQUIP-
 MENT  REQUIRED  TO CONDUCT THE RESEARCH. THE MONEY IN THE ESCROW ACCOUNT
 SHALL NOT BE USED FOR ANY PURPOSES OTHER THAN PURCHASING EQUIPMENT TO BE
 USED FOR SUCH RESEARCH.
   § 4. This act shall take effect immediately, and shall expire  and  be
 deemed repealed September 1, 2028.
 
                                  PART JJ
 
   Section 1. Subdivision (e) of section 42 of the tax law, as amended by
 section  1  of subpart B of part B of chapter 59 of the laws of 2022, is
 amended to read as follows:
   (e) For taxable years beginning on or after January first,  two  thou-
 sand  seventeen  and  before  January  first, two thousand eighteen, the
 amount of the credit allowed under this section shall be  equal  to  the
 product  of  the total number of eligible farm employees and two hundred
 fifty dollars. For taxable years beginning on or  after  January  first,
 two  thousand  eighteen and before January first, two thousand nineteen,
 the amount of the credit allowed under this section shall  be  equal  to
 the  product  of  the  total number of eligible farm employees and three
 hundred dollars. For taxable years beginning on or after January  first,
 two thousand nineteen and before January first, two thousand twenty, the
 amount  of  the  credit allowed under this section shall be equal to the
 product of the total number of eligible farm employees and five  hundred
 dollars.  For  taxable  years  beginning  on or after January first, two
 thousand twenty and before January first, two thousand  twenty-one,  the
 amount  of  the  credit allowed under this section shall be equal to the
 product of the total number of eligible farm employees and four  hundred
 dollars.  For  taxable  years  beginning  on or after January first, two
 thousand twenty-one and before January first, two  thousand  twenty-two,
 the  amount  of  the credit allowed under this section shall be equal to
 the product of the total number  of  eligible  farm  employees  and  six
 hundred  dollars. For taxable years beginning on or after January first,
 two thousand twenty-two and before January first, two thousand  [twenty-
 six]  TWENTY-NINE,  the  amount of the credit allowed under this section
 shall be equal to the product of  the  total  number  of  eligible  farm
 employees and twelve hundred dollars.
   §  2.  Section 5 of part RR of chapter 60 of the laws of 2016 amending
 the tax law relating to creating a farm workforce retention  credit,  as
 amended by section 2 of subpart B of part B of chapter 59 of the laws of
 2022, is amended to read as follows:
   §  5.  This  act shall take effect immediately and shall apply only to
 taxable years beginning on or after January 1, 2017 and  before  January
 1, [2026] 2029.
   § 3. This act shall take effect immediately.
 
                                  PART KK
 
   Section  1. The agriculture and markets law is amended by adding a new
 article 25-C to read as follows:
 S. 3009--C                         121                        A. 3009--C
 
                               ARTICLE 25-C
                   FARM EMPLOYER OVERTIME CREDIT PROGRAM
 SECTION 333. SHORT TITLE.
         334. DEFINITIONS.
         335. TAX CREDIT; OVERTIME EXPENSE CERTIFICATION.
   § 333. SHORT  TITLE.  THIS  ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "FARM EMPLOYER OVERTIME CREDIT PROGRAM."
   § 334. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "COMMISSIONER" SHALL  MEAN  THE  COMMISSIONER  OF  AGRICULTURE  AND
 MARKETS.
   2. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF AGRICULTURE AND MARKETS.
   3.  "ELIGIBLE  FARM  EMPLOYEE"  SHALL MEAN AN INDIVIDUAL WHO MEETS THE
 DEFINITION OF A "FARM LABORER" UNDER SECTION TWO OF THE LABOR LAW WHO IS
 EMPLOYED IN NEW YORK STATE BY (A) A FARM EMPLOYER  OR  (B)  A  QUALIFIED
 PROFESSIONAL EMPLOYER ORGANIZATION.
   4.  "ELIGIBLE  OVERTIME"  SHALL  MEAN THE AGGREGATE NUMBER OF HOURS OF
 WORK PERFORMED DURING THE CALENDAR YEAR BY  AN  ELIGIBLE  FARM  EMPLOYEE
 THAT IN ANY CALENDAR WEEK EXCEEDS THE OVERTIME WORK THRESHOLD SET BY THE
 COMMISSIONER  OF LABOR PURSUANT TO THE RECOMMENDATION OF THE FARM LABOR-
 ERS WAGE BOARD, PROVIDED THAT WORK PERFORMED IN SUCH  CALENDAR  WEEK  IN
 EXCESS OF SIXTY HOURS SHALL NOT BE INCLUDED.
   5.  "FARM  EMPLOYER"  SHALL MEAN A CORPORATION (INCLUDING A NEW YORK S
 CORPORATION), A SOLE PROPRIETORSHIP, A LIMITED LIABILITY  COMPANY  OR  A
 PARTNERSHIP WHOSE PRINCIPAL BUSINESS IS FARMING ACTIVITY.
   6. "FARMING ACTIVITY" SHALL INCLUDE, BUT NOT BE LIMITED TO, THE CULTI-
 VATION  OF CROPS, OPERATION, OR MANAGEMENT OF A FARM FOR GAIN OR PROFIT,
 INCLUDING THE OPERATION OR  MANAGEMENT  OF  LIVESTOCK,  DAIRY,  POULTRY,
 AQUACULTURE,   FRUIT,  FUR-BEARING  ANIMAL,  FIELD  CROP,  HORTICULTURAL
 SPECIALTY, AND VEGETABLE FARMS.
   7. "OVERTIME EXPENSE" SHALL MEAN THE PRODUCT OF (A) THE ELIGIBLE OVER-
 TIME HOURS WORKED DURING THE CALENDAR YEAR BY THE ELIGIBLE FARM EMPLOYEE
 AND (B) THE OVERTIME RATE PAID TO THE ELIGIBLE FARM EMPLOYEE  LESS  SUCH
 ELIGIBLE FARM EMPLOYEE'S REGULAR RATE OF PAY.
   8. "QUALIFIED FARM EMPLOYER" SHALL MEAN A FARM EMPLOYER THAT:
   (A) PRIMARILY ENGAGED IN FARMING ACTIVITY DURING THE CALENDAR YEAR;
   (B)  UTILIZED  ELIGIBLE  FARM EMPLOYEES IN ITS FARMING ACTIVITY DURING
 THE CALENDAR YEAR; AND
   (C) DIRECTLY, OR INDIRECTLY THROUGH A QUALIFIED PROFESSIONAL  EMPLOYER
 ORGANIZATION,  PAID  ELIGIBLE OVERTIME TO ELIGIBLE FARM EMPLOYEES DURING
 THE CALENDAR YEAR.
   9. "QUALIFIED PROFESSIONAL EMPLOYER ORGANIZATION" SHALL MEAN AN ENTITY
 WHO PROVIDES REMUNERATION TO OR OTHERWISE EMPLOYS ELIGIBLE FARM  EMPLOY-
 EES ON BEHALF OF A FARM EMPLOYER.
   § 335. TAX CREDIT; OVERTIME EXPENSE CERTIFICATION. 1. A QUALIFIED FARM
 EMPLOYER WHO IS ISSUED AN OVERTIME EXPENSE CERTIFICATE BY THE DEPARTMENT
 MAY  BE  ALLOWED A CREDIT PURSUANT TO SECTION FORTY-TWO-A OF THE TAX LAW
 EQUAL TO ONE HUNDRED EIGHTEEN PERCENT OF THE AGGREGATE AMOUNT  OF  OVER-
 TIME  EXPENSES  CERTIFIED  BY THE DEPARTMENT PURSUANT TO THIS SECTION. A
 QUALIFIED FARM EMPLOYER WHO IS ISSUED  A  PRELIMINARY  OVERTIME  EXPENSE
 CERTIFICATE  MAY  BE  ELIGIBLE TO RECEIVE AN ADVANCE PAYMENT OF SUCH TAX
 CREDIT PURSUANT TO SUBDIVISION (E) OF SECTION  FORTY-TWO-A  OF  THE  TAX
 LAW.
   2.  CERTIFICATE APPLICATION AND APPROVAL PROCESS. A FARM EMPLOYER MUST
 SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER  BY  THE
 FIRST  OF  FEBRUARY  AFTER  THE END OF THE CALENDAR YEAR. AS PART OF THE
 APPLICATION, EACH FARM EMPLOYER SHALL PROVIDE EVIDENCE IN THE  FORM  AND
 S. 3009--C                         122                        A. 3009--C
 
 MANNER PRESCRIBED BY THE COMMISSIONER SUFFICIENT TO ESTABLISH THAT IT IS
 A  QUALIFIED  FARM  EMPLOYER  AND  TO DETERMINE THE OVERTIME EXPENSE PER
 ELIGIBLE FARM EMPLOYEE PAID BY SUCH QUALIFIED FARM EMPLOYER  DURING  THE
 PRECEDING CALENDAR YEAR. IF, AFTER REVIEWING A FARM EMPLOYER'S COMPLETED
 APPLICATION, THE DEPARTMENT DETERMINES THAT THE FARM EMPLOYER IS A QUAL-
 IFIED  FARM  EMPLOYER,  THE  DEPARTMENT MAY ISSUE TO SUCH QUALIFIED FARM
 EMPLOYER AN OVERTIME EXPENSE CERTIFICATE FOR EACH YEAR THAT  THE  ELIGI-
 BILITY  CRITERIA  ARE  SATISFIED  THAT SPECIFIES (A) THE TOTAL NUMBER OF
 ELIGIBLE FARM EMPLOYEES WHO WERE PAID ELIGIBLE OVERTIME BY THE QUALIFIED
 FARM EMPLOYER; (B) THE AGGREGATE AMOUNT OF OVERTIME EXPENSE PAID BY  THE
 QUALIFIED  FARM  EMPLOYER; AND (C) THE CALENDAR YEAR IN WHICH SUCH OVER-
 TIME EXPENSE WAS PAID.
   3. PRELIMINARY OVERTIME  EXPENSE  CERTIFICATE.  A  FARM  EMPLOYER  WHO
 INTENDS  TO  REQUEST  AN  ADVANCE  PAYMENT OF THE TAX CREDIT PURSUANT TO
 SUBDIVISION (E) OF SECTION FORTY-TWO-A OF THE  TAX  LAW  MUST  SUBMIT  A
 COMPLETE  APPLICATION  AS  PRESCRIBED  BY  THE COMMISSIONER BY SEPTEMBER
 THIRTIETH OF THE CALENDAR YEAR. AS PART OF THE  APPLICATION,  EACH  FARM
 EMPLOYER SHALL PROVIDE EVIDENCE IN THE FORM AND MANNER PRESCRIBED BY THE
 COMMISSIONER SUFFICIENT TO ESTABLISH THAT IT IS A QUALIFIED FARM EMPLOY-
 ER AND TO DETERMINE THE OVERTIME EXPENSE PER ELIGIBLE FARM EMPLOYEE PAID
 BY  SUCH QUALIFIED FARM EMPLOYER FROM JANUARY FIRST THROUGH JULY THIRTY-
 FIRST OF SUCH CALENDAR YEAR.  IF,  AFTER  REVIEWING  A  FARM  EMPLOYER'S
 COMPLETED  APPLICATION, THE DEPARTMENT DETERMINES THAT THE FARM EMPLOYER
 IS A QUALIFIED FARM EMPLOYER, THE DEPARTMENT MAY ISSUE TO SUCH QUALIFIED
 FARM EMPLOYER A PRELIMINARY OVERTIME EXPENSE CERTIFICATE THAT  SPECIFIES
 (A)  THE  TOTAL NUMBER OF ELIGIBLE FARM EMPLOYEES WHO WERE PAID ELIGIBLE
 OVERTIME BY THE QUALIFIED FARM EMPLOYER FROM JANUARY FIRST THROUGH  JULY
 THIRTY-FIRST  OF  SUCH  CALENDAR  YEAR;  AND (B) THE AGGREGATE AMOUNT OF
 OVERTIME EXPENSE PAID BY THE QUALIFIED FARM EMPLOYER DURING SUCH PERIOD.
   § 2. Section 42-a of the tax law, as added by section 2 of  subpart  C
 of  part  B  of  chapter  59  of the laws of 2022, is amended to read as
 follows:
   § 42-a. Farm employer overtime credit. (a) Notwithstanding subdivision
 (f) of section forty-two of this article, a  taxpayer  that  is  [a]  AN
 ELIGIBLE  farm  employer  or  an  owner of [a] AN ELIGIBLE farm employer
 shall be eligible for a credit against the  tax  imposed  under  article
 nine-A  or twenty-two of this chapter, pursuant to the provisions refer-
 enced in subdivision [(i)] (H) of this section.
   (b) [A farm employer is a corporation (including a New York  S  corpo-
 ration),  a  sole proprietorship, a limited liability company or a part-
 nership that is an eligible farmer.
   (c)] For purposes of this section, the term  "eligible  [farmer]  FARM
 EMPLOYER"  means a taxpayer WHO RECEIVED AN OVERTIME EXPENSE CERTIFICATE
 PURSUANT TO SECTION THREE HUNDRED THIRTY-FIVE  OF  THE  AGRICULTURE  AND
 MARKETS  LAW  AND  whose federal gross income from farming as defined in
 subsection (n) of section six hundred six of this chapter for the  taxa-
 ble  year is at least two-thirds of excess federal gross income.  Excess
 federal gross income means the amount of federal gross income  from  all
 sources  for  the taxable year in excess of thirty thousand dollars. For
 purposes of this section, payments from the state's farmland  protection
 program,  administered  by  the  department  of agriculture and markets,
 shall be included as federal gross income  from  farming  for  otherwise
 eligible farmers.
   [(d)  An  eligible  farm employee is an individual who meets the defi-
 nition of a "farm laborer" under section two of the  labor  law  who  is
 S. 3009--C                         123                        A. 3009--C
 employed  by  a  farm  employer in New York state, but excluding general
 executive officers of the farm employer.
   (e)  Eligible  overtime  is  the  aggregate  number  of  hours of work
 performed during the taxable year by an eligible farm employee  that  in
 any calendar week exceeds the overtime work threshold set by the commis-
 sioner of labor pursuant to the recommendation of the farm laborers wage
 board,  provided  that work performed in such calendar week in excess of
 sixty hours shall not be included.
   (f)] (C) Special rules.  If more than fifty percent of  such  eligible
 [farmer's] FARM EMPLOYER'S federal gross income from farming is from the
 sale  of wine from a licensed farm winery as provided for in article six
 of the alcoholic beverage control law, or from the sale of cider from  a
 licensed  farm  cidery  as  provided for in section fifty-eight-c of the
 alcoholic beverage control law, then an eligible farm employee  of  such
 eligible farmer shall be included for purposes of calculating the amount
 of credit allowed under this section only if such eligible farm employee
 is  employed  by such eligible farmer on qualified agricultural property
 as defined in paragraph four of subsection (n) of  section  six  hundred
 six of this chapter.
   [(g)] (D) The amount of the credit allowed under this section shall be
 equal  to  ONE HUNDRED EIGHTEEN PERCENT OF the aggregate amount of [such
 credit allowed per eligible farm employee, as follows. The amount of the
 credit allowed per eligible farm employee shall be equal to one  hundred
 eighteen  percent  of  the  product  of (1) the eligible overtime worked
 during the taxable year by the eligible farm employee and (2) the  over-
 time  rate  paid by the farm employer to the eligible farm employee less
 such employee's regular rate of pay] OVERTIME EXPENSE PAID BY THE QUALI-
 FIED FARM EMPLOYER AS CERTIFIED BY THE  DEPARTMENT  OF  AGRICULTURE  AND
 MARKETS PURSUANT TO SECTION THREE HUNDRED THIRTY-FIVE OF THE AGRICULTURE
 AND MARKETS LAW.
   [(h)(1)  Taxpayers] (E) A TAXPAYER WHO RECEIVED A PRELIMINARY OVERTIME
 EXPENSE CERTIFICATE PURSUANT TO SECTION THREE HUNDRED THIRTY-FIVE OF THE
 AGRICULTURE AND MARKETS LAW shall have the option to request an  advance
 payment  of  the  portion  of  the amount of tax credit they are allowed
 under this section [for the amount of eligible overtime]  EQUAL  TO  ONE
 HUNDRED  EIGHTEEN  PERCENT  OF AGGREGATE AMOUNT OF OVERTIME EXPENSE that
 the farm employer paid from January first through July thirty-first,  AS
 CERTIFIED  BY  THE  DEPARTMENT  OF  AGRICULTURE  AND MARKETS PURSUANT TO
 SECTION THREE HUNDRED THIRTY-FIVE OF THE AGRICULTURE  AND  MARKETS  LAW.
 [To  be  eligible for the advance payment, the farm employer must submit
 by September thirtieth a properly completed application to  the  depart-
 ment of agriculture and markets, in a form prescribed by the commission-
 er  of  agriculture  and  markets,  that  demonstrates how much the farm
 employer paid in eligible overtime during that period. After reviewing a
 farm employer's completed application  for  the  advance  payment  of  a
 portion  of  the  amount  of  tax credit allowed under this section, the
 department of agriculture and markets may issue to that farm employer  a
 certificate  of  tax  credit  that specifies the exact amount of the tax
 credit under this article that  a  taxpayer  may  claim  as  an  advance
 payment pursuant to this subdivision.
   (2)]  A  taxpayer  must  submit [a] AN ADVANCED PAYMENT request to the
 department in the manner prescribed by the  commissioner  after  it  has
 been  issued  a PRELIMINARY OVERTIME EXPENSE certificate [of tax credit]
 by the department of agriculture and markets pursuant to [paragraph  one
 of  this  subdivision]  ARTICLE  TWENTY-FIVE-C  OF  THE  AGRICULTURE AND
 MARKETS LAW (or such certificate  has  been  issued  to  a  partnership,
 S. 3009--C                         124                        A. 3009--C
 
 limited  liability  company or subchapter S corporation in which it is a
 partner, member or shareholder, respectively, that is a farm  employer),
 but  such  request must be submitted no later than November first of the
 taxable  year for which the credit is being claimed. For those taxpayers
 who have requested an advance payment and for whom the commissioner  has
 determined  to  be  eligible  for  this  credit,  the commissioner shall
 advance a payment of the portion of the amount of tax credit allowed  to
 the  taxpayer.  The taxpayer will claim on the taxpayers' return for the
 taxable year the portion of the amount of tax credit allowed for  eligi-
 ble  overtime paid by the farm employer from August first through Decem-
 ber thirty-first. The  taxpayer  must  properly  reconcile  the  advance
 payment  of  tax credit allowed under this subdivision on the taxpayer's
 return.
   [(3)] (F) If a taxpayer that has received an advance payment is not an
 eligible [farmer] FARM EMPLOYER OR AN OWNER OF AN ELIGIBLE FARM EMPLOYER
 for the taxable year for which  it  received  an  advance  payment,  the
 taxpayer  shall  be  required  to  add back as tax the amount of advance
 payment the taxpayer received during the taxable year.
   [(4)] (G) Notwithstanding any provision of this chapter, employees  of
 the  department  of  agriculture and markets and the department shall be
 allowed to share and exchange:
   (i) information derived from tax returns or reports that  is  relevant
 to a taxpayer's eligibility for the credit allowed by this section;
   (ii)  information regarding the credit applied for, allowed or claimed
 pursuant to this section and regarding taxpayers that are  applying  for
 the credit or that are claiming the credit; and
   (iii)  information  collected  by  the  department  of agriculture and
 markets and exchanged between the department of agriculture and  markets
 and  the  department  pursuant  to  this section shall not be subject to
 disclosure or inspection under the state's freedom of information law.
   [(i)] (H) Cross references: For application of the credit provided  in
 this section, see the following provisions of this chapter:
   (1) Article 9-A: Section 210-B, subdivision 58.
   (2) Article 22: Section 606, subsection (nnn).
   §  3.  Notwithstanding  any  provision  of law to the contrary, a farm
 employer shall be allowed a credit, pursuant to section  forty-two-a  of
 the  tax law, for the eligible overtime indirectly paid to eligible farm
 employees through a professional employer organization  during  the  two
 thousand  twenty-four  and/or two thousand twenty-five calendar years as
 if such remuneration was paid directly  by  the  farm  employer  to  the
 eligible  farm  employees.  A  farm  employer must apply for and receive
 certification by the department of agriculture and markets of the aggre-
 gate amount of eligible overtime indirectly paid by the farm employer to
 eligible farm employees through  a  professional  employer  organization
 during  the two thousand twenty-four and two thousand twenty-five calen-
 dar years. A farm employer shall have the option to request  an  advance
 payment   of   the  credit,  pursuant  to  subdivision  (h)  of  section
 forty-two-a of the tax law, for the eligible overtime indirectly paid by
 the farm employer during the period from  January  first,  two  thousand
 twenty-four,  through  July  thirty-first,  two thousand twenty-five, in
 which case the farm employer must  apply  for  and  receive  preliminary
 certification by the department of agriculture and markets of the eligi-
 ble  overtime  indirectly  paid  by  the  farm employer to eligible farm
 employees during such period.  The farm employer may request an  advance
 credit  from  the  commissioner  of taxation and finance in the form and
 manner prescribed by such commissioner; provided, however, if a taxpayer
 S. 3009--C                         125                        A. 3009--C
 that has received an advance payment is not an eligible farmer  for  the
 taxable  year  when  the  indirect  overtime  expense  was incurred, the
 taxpayer shall be required to add back as  tax  the  amount  of  advance
 payment the taxpayer received.
   §  4.  This act shall take effect immediately; provided, however, that
 sections one and two of this act shall apply to taxable years  beginning
 on  or after January 1, 2026; and provided further that section three of
 this act shall apply to taxable years beginning on or after  January  1,
 2025, and before January 1, 2026.
 
                                  PART LL
 
   Section  1.  Section  4  of  part  H of chapter 59 of the laws of 2024
 amending the tax law relating to the filing  of  amended  returns  under
 article 28 thereof, is amended to read as follows:
   §  4.  This  act shall take effect immediately, provided, however, the
 amendments made by section one of this act shall apply to returns  filed
 or amended [for periods commencing] on and after December 1, 2024.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 20, 2024.
 
                                  PART MM
 
   Section 1. Subparagraph (ii)  of  paragraph  1  of  subdivision  b  of
 section  1612  of  the  tax law is amended by adding a new clause (E) to
 read as follows:
   (E) NOTWITHSTANDING CLAUSE (B) OF THIS SUBPARAGRAPH, BEGINNING ON JUNE
 FIRST, TWO THOUSAND TWENTY-FIVE, WHEN THE VENDOR TRACK IS LOCATED IN THE
 COUNTY OF GENESEE AND WITHIN FORTY MILES OF A NATIVE AMERICAN CLASS  III
 GAMING FACILITY AS DEFINED IN 25 U.S.C. §2703(8), AT A RATE OF FIFTY-SIX
 PERCENT  OF  THE  TOTAL REVENUE WAGERED AT THE VENDOR TRACK AFTER PAYOUT
 FOR PRIZES PURSUANT TO THIS CHAPTER; PROVIDED, HOWEVER, THAT THE FOLLOW-
 ING ADDITIONAL PROVISIONS SHALL APPLY TO SUCH VENDOR TRACK:
   (1) FROM THE VENDOR FEE AMOUNT EQUIVALENT TO FIFTY-SIX PERCENT OF  THE
 TOTAL REVENUE WAGERED AT THE VENDOR TRACK AFTER PAYOUT FOR PRIZES PURSU-
 ANT  TO  THIS  CLAUSE, A PORTION EQUIVALENT TO FIVE PERCENT OF THE TOTAL
 REVENUE WAGERED AT THE VENDOR TRACK AFTER PAYOUT  FOR  PRIZES  SHALL  BE
 DEFINED  AS  AND  HEREINAFTER  BE  REFERRED TO AS THE "ADDITIONAL VENDOR
 FEE".
   (2) SUCH ADDITIONAL VENDOR FEE SHALL BE ACCOUNTED  FOR  SEPARATELY  BY
 THE  VENDOR  TRACK  AND  SHALL  BE  USED  EXCLUSIVELY  FOR THE FOLLOWING
 PURPOSES, IN PROPORTIONS DETERMINED ANNUALLY BY  SUCH  VENDOR  TRACK  IN
 ACCORDANCE  WITH  A  PLAN SUBMITTED TO THE GAMING COMMISSION PURSUANT TO
 SUBCLAUSE FOUR OF THIS CLAUSE:
   (A) REDUCING  THE  COSTS  PAID  BY  NON-EXECUTIVE  AND  NON-MANAGERIAL
 EMPLOYEES  OF  SUCH VENDOR TRACK FOR HEALTHCARE COVERAGE OFFERED BY SUCH
 VENDOR TRACK;
   (B) INCREASING SALARIES, HOURLY WAGES, OR BENEFITS PAID TO  NON-EXECU-
 TIVE  AND  NON-MANAGERIAL  EMPLOYEES  OF  SUCH  VENDOR TRACK, OR FUNDING
 INCREASES IN THE NUMBER OF FULL-TIME EQUIVALENT NON-EXECUTIVE  AND  NON-
 MANAGERIAL EMPLOYEES; AND
   (C)  SUPPLEMENTING  DISTRIBUTIONS PAYABLE TO PARTICIPATING COUNTIES OR
 MUNICIPALITIES AS REQUIRED UNDER EXISTING LAW.
   (3) ADDITIONAL VENDOR FEE REVENUE UTILIZED  PURSUANT  TO  THIS  CLAUSE
 SHALL NOT BE INCLUDED IN ANY CALCULATION USED TO DETERMINE AMOUNTS PAYA-
 BLE  PURSUANT TO SUBCLAUSE TWO OF THIS CLAUSE OR PAYMENTS REQUIRED UNDER
 S. 3009--C                         126                        A. 3009--C
 
 SUBCLAUSE TWO OF THIS CLAUSE TO THE  APPROPRIATE  BREEDING  FUND  ESTAB-
 LISHED PURSUANT TO ARTICLE THREE OF THE RACING, PARI-MUTUEL WAGERING AND
 BREEDING LAW.
   (4)  (A) SUCH VENDOR TRACK SHALL ANNUALLY SUBMIT A PLAN TO THE COMMIS-
 SION, NO LATER THAN SIXTY DAYS PRIOR TO  THE  BEGINNING  OF  ITS  FISCAL
 YEAR,  DETAILING  THE  ALLOCATION  AND  USE OF THE ADDITIONAL VENDOR FEE
 REVENUE AMONG THE PURPOSES SPECIFIED IN SUBCLAUSE TWO OF THIS CLAUSE FOR
 THE UPCOMING FISCAL YEAR. SUCH PLAN SHALL INCLUDE  SPECIFIC  PROJECTIONS
 FOR  COST  REDUCTIONS  IN  EMPLOYEE  HEALTHCARE,  INCREASES  IN EMPLOYEE
 COMPENSATION SPECIFYING THE JOB TITLES OR CATEGORIES  BENEFITING  THERE-
 FROM, AND SUPPLEMENTAL AMOUNTS FOR LOCAL DISTRIBUTIONS.
   (B)  SUCH VENDOR TRACK SHALL SUBMIT A PLAN TO THE COMMISSION, NO LATER
 THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS CLAUSE,  DETAILING  THE
 ALLOCATION  AND  USE  OF  SUCH  ADDITIONAL VENDOR FEE AMONG THE PURPOSES
 SPECIFIED IN SUBCLAUSE TWO OF THIS CLAUSE FOR THE  REMAINDER  OF  FISCAL
 YEAR  TWO THOUSAND TWENTY-FIVE. SUCH PLAN SHALL INCLUDE SPECIFIC PROJEC-
 TIONS FOR COST REDUCTIONS IN EMPLOYEE HEALTHCARE, INCREASES IN  EMPLOYEE
 COMPENSATION  SPECIFYING  THE JOB TITLES OR CATEGORIES BENEFITING THERE-
 FROM, AND PROJECTIONS OF SUPPLEMENTAL AMOUNTS  OF  LOCAL  DISTRIBUTIONS.
 SUCH  PLAN  SHALL  ALSO DETAIL ALLOCATIONS ALREADY MADE BETWEEN THIS ACT
 GOING INTO EFFECT AND THE DATE SUCH  PLAN  HAS  BEEN  SUBMITTED  TO  THE
 COMMISSION.
   (5) SUCH VENDOR TRACK SHALL ALSO SUBMIT AN ANNUAL REPORT TO THE GAMING
 COMMISSION, THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE
 SPEAKER OF THE ASSEMBLY, NO LATER THAN NINETY DAYS AFTER THE END OF EACH
 FISCAL  YEAR, DETAILING THE ACTUAL ALLOCATION AND USE OF SUCH ADDITIONAL
 VENDOR FEE DURING THE PRECEDING FISCAL YEAR. SUCH REPORT  SHALL  SPECIFY
 THE  AMOUNTS  APPLIED  TO EACH PURPOSE OUTLINED IN SUBCLAUSE TWO OF THIS
 CLAUSE, PROVIDE DATA DEMONSTRATING THE  IMPACT  ON  EMPLOYEE  HEALTHCARE
 COSTS  AND  COMPENSATION INCLUDING THE SPECIFIC JOB TITLES OR CATEGORIES
 THAT RECEIVED INCREASED COMPENSATION PURSUANT TO ITEM (B)  OF  SUBCLAUSE
 TWO OF THIS CLAUSE, DETAIL THE SUPPLEMENTAL DISTRIBUTIONS MADE TO LOCAL-
 ITIES, COMPARE ACTUAL USE TO THE PLAN, AND PROVIDE JUSTIFICATION FOR ANY
 SIGNIFICANT VARIANCES.
   (6)  (A)  THE  ADDITIONAL  VENDOR FEE SHALL ONLY BE USED TO SUPPLEMENT
 AMOUNTS PREVIOUSLY ALLOCATED OR APPROPRIATED BY THE CORPORATION FOR  THE
 PURPOSES  STATED  IN SUBCLAUSE TWO OF THIS CLAUSE AND MAY NOT BE USED TO
 REPLACE OR BACKFILL SUCH AMOUNTS.
   (B) THE GAMING COMMISSION SHALL HAVE THE AUTHORITY TO AUDIT THE USE OF
 SUCH ADDITIONAL VENDOR FEE BY SUCH VENDOR TRACK. IF THE  GAMING  COMMIS-
 SION  DETERMINES,  AFTER  NOTICE  AND AN OPPORTUNITY FOR A HEARING, THAT
 SUCH FUNDS HAVE BEEN USED FOR PURPOSES OTHER THAN  THOSE  AUTHORIZED  IN
 SUBCLAUSE  TWO OF THIS CLAUSE OR INCONSISTENT WITH THE PLAN, INCLUDING A
 FAILURE  TO  BENEFIT  NON-EXECUTIVE  AND  NON-MANAGERIAL  EMPLOYEES   AS
 REQUIRED  BY    ITEM  (B)  OF  SUBCLAUSE  TWO OF THIS CLAUSE, THE GAMING
 COMMISSION MAY IMPOSE MONETARY PENALTIES PURSUANT TO ITS AUTHORITY UNDER
 THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND MAY  REQUIRE  THAT
 AN AMOUNT EQUIVALENT TO ANY FUNDS USED IN A MANNER INCONSISTENT WITH THE
 PROVISIONS  OF  THIS  CLAUSE  SHALL  BE EXPENDED FOR AUTHORIZED PURPOSES
 PURSUANT TO AN AMENDED PLAN.
   (7) NOTHING CONTAINED IN THIS CLAUSE SHALL AFFECT ANY EXISTING COLLEC-
 TIVE BARGAINING AGREEMENT OR THE OBLIGATION  OF  SUCH  VENDOR  TRACK  TO
 NEGOTIATE TERMS AND CONDITIONS OF EMPLOYMENT WITH ANY CERTIFIED EMPLOYEE
 REPRESENTATIVE.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed April 1, 2030.
 S. 3009--C                         127                        A. 3009--C
 
                                  PART NN
 
   Section  1.  Subparagraph  (ii)  of  paragraph (a) of subdivision 1 of
 section 207 of the racing, pari-mutuel wagering  and  breeding  law,  as
 amended  by  section  1 of part NN of chapter 59 of the laws of 2017, is
 amended and two new subparagraphs (iv) and (v)  are  added  to  read  as
 follows:
   (ii)  The term of voting membership on the New York racing association
 board shall be three years. Individual appointees shall  be  limited  to
 serving  as  a  voting  member  the lesser of three terms or nine years.
 Notwithstanding the foregoing, the initial term of one member  appointed
 by  each of the governor, temporary president of the senate, and speaker
 of the assembly, the member  appointed  by  the  New  York  thoroughbred
 horsemen's  association,  and  the  member  appointed  by  the  New York
 Thoroughbred Breeders, Inc. shall expire March thirty-first,  two  thou-
 sand  eighteen;  the  initial term of the remaining members appointed by
 each of the governor, temporary president of the senate, and speaker  of
 the  assembly  and  two members appointed by the New York racing associ-
 ation reorganization board shall expire on March thirty-first, two thou-
 sand nineteen; [and the remaining members shall  serve  full  three-year
 terms]  THE  INITIAL  TERM  OF  THREE  MEMBERS APPOINTED BY THE NEW YORK
 RACING ASSOCIATION REORGANIZATION BOARD SHALL EXPIRE  ON  MARCH  THIRTY-
 FIRST,  TWO  THOUSAND  TWENTY-ONE, AND THE INITIAL TERM OF THREE MEMBERS
 APPOINTED BY THE NEW YORK RACING ASSOCIATION REORGANIZATION BOARD  SHALL
 EXPIRE  ON  MARCH  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-THREE. THE EIGHT
 INITIAL MEMBERS APPOINTED BY THE NEW YORK RACING ASSOCIATION REORGANIZA-
 TION BOARD SHALL HOLD APPOINTMENT AS A VOTING MEMBER FOR THE GREATER  OF
 THREE TERMS OR NINE YEARS.
   (IV)  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND TWENTY-SIX, ONE MEMBER
 APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY THE TEMPORARY  PRESI-
 DENT OF THE SENATE, ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
 AND  FOUR  MEMBERS  APPOINTED BY THE EXECUTIVE COMMITTEE OF THE NEW YORK
 RACING ASSOCIATION BOARD OF DIRECTORS SHALL SATISFY AT LEAST ONE OF  THE
 FOLLOWING  REQUIREMENTS AT THE TIME OF APPOINTMENT OR REAPPOINTMENT: (1)
 OVER THE THREE YEARS PRIOR, OWNED OR TRAINED HORSES  WITH  A  CUMULATIVE
 AVERAGE  OF  FIFTEEN  STARTS  AT NEW YORK RACE TRACKS PER YEAR, (2) BE A
 BREEDER OF RECORD REGISTERED WITH THE THOROUGHBRED BREEDING AND DEVELOP-
 MENT FUND, (3) BE A MANAGING PARTNER IN A NEW YORK STATE-BASED OWNERSHIP
 SYNDICATE LICENSED WITH THE COMMISSION, OR (4) HAVE A COGENT INTEREST IN
 THE RACING AND BREEDING INDUSTRY IN THE STATE.  THE PROVISIONS  OF  THIS
 SUBPARAGRAPH  SHALL  NOT IMPACT ANY MEMBERS SERVING AS OF JANUARY FIRST,
 TWO THOUSAND TWENTY-SIX.
   (V) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SIX, ALL NON-PUBLICLY
 APPOINTED MEMBERS MUST HOLD A LICENSE PURSUANT TO  SECTION  TWO  HUNDRED
 TWENTY OF THIS ARTICLE.
   §  2. Subdivision 1 of section 220 of the racing, pari-mutuel wagering
 and breeding law, as amended by section 1 of part S of chapter 59 of the
 laws of 2024, is amended to read as follows:
   1. For the purpose of maintaining a proper control over race  meetings
 conducted  pursuant  to sections two hundred five and two hundred six of
 this article, the commission shall license owners, which term  shall  be
 deemed  to include part-owners and lessees, trainers, assistant trainers
 and jockeys, jockey agents,  stable  employees,  NON-PUBLICLY  APPOINTED
 MEMBERS OF THE BOARD OF A FRANCHISED CORPORATION, and such other persons
 as the commission may by rule prescribe at running races and at steeple-
 chases,  provided,  however,  that no such license shall be required for
 S. 3009--C                         128                        A. 3009--C
 
 seasonal employees hired solely to work for no  longer  than  six  weeks
 during  the  summer meet at Saratoga racetrack, and any such other times
 as race dates historically assigned to Belmont Park are conducted at the
 Saratoga  racetrack in two thousand twenty-four and two thousand twenty-
 five as approved in writing by the  commission.  In  the  event  that  a
 proposed  licensee  is other than a natural person, the commission shall
 require by regulation disclosure of  the  names  and  addresses  of  all
 owners  of an interest in such entity. The commission may retain, employ
 or appoint such officers, employees and agents, as it may deem necessary
 to receive, examine and make recommendations, for the  consideration  of
 the  commission, in respect of applications for such licenses; prescribe
 their duties in connection therewith, and fix their compensation  there-
 for  within  the  limitations  prescribed  by  law. Each applicant for a
 license shall pay to the commission an annual license  fee  as  follows:
 owner's  license, if a renewal, fifty dollars, and if an original appli-
 cation, one hundred dollars; trainer's license, thirty dollars;  assist-
 ant  trainer's license, thirty dollars; jockey's license, fifty dollars;
 jockey agent's license, twenty dollars; and stable  employee's  license,
 five  dollars.  Each  applicant  may  apply for a two-year or three-year
 license by payment to the commission of the appropriate multiple of  the
 annual  fee.  The commission may by rule fix the license fees to be paid
 by other persons required to be licensed by the rules of the commission,
 not to exceed thirty dollars  per  category.  The  application  for  the
 license  shall  be  in  writing  in  such  form  as  the  commission may
 prescribe, and contain such information as the commission  may  require.
 The  commission shall henceforth cause all applicants for licenses to be
 photographed and fingerprinted and may  issue  identification  cards  to
 licensees. Such fingerprints shall be submitted to the division of crim-
 inal  justice  services  for  a  state criminal history record check, as
 defined in subdivision one of section three thousand thirty-five of  the
 education  law,  and  may be submitted to the federal bureau of investi-
 gation for a national criminal history record check. A fee equal to  the
 actual  cost  of  issuance  shall be charged for the initial issuance of
 such identification cards. Each such license unless  revoked  for  cause
 shall  be for the period of no more than one, two or three years, deter-
 mined by rule of the commission, expiring on the applicant's birth date.
 LICENSES OF NON-PUBLICLY APPOINTED MEMBERS OF THE BOARD OF A  FRANCHISED
 CORPORATION  SHALL  BE  ISSUED  WITHOUT FEE AND REMAIN IN EFFECT FOR THE
 DURATION OF THEIR BOARD SERVICE. Licenses current on the effective  date
 of this provision shall not be reduced in duration by this provision. An
 applicant  who  applies for a license that, if issued, would take effect
 less than six months prior to the applicant's birth date may, by payment
 of a fifty percent higher fee, receive a license which shall not  expire
 until  the applicant's second succeeding birth date. All receipts of the
 commission derived from the operation of this section shall be  paid  by
 it into the state treasury on or before the tenth day of each month. All
 officials  connected  with the actual conduct of racing shall be subject
 to approval by the commission.
   § 3. Subdivision 1 of section 220 of the racing, pari-mutuel  wagering
 and  breeding  law,  as  amended  by section 243 of the laws of 2020, is
 amended to read as follows:
   1. For the purpose of maintaining a proper control over race  meetings
 conducted  pursuant  to sections two hundred five and two hundred six of
 this article, the commission shall license owners, which term  shall  be
 deemed  to include part-owners and lessees, trainers, assistant trainers
 and jockeys, jockey agents,  stable  employees,  NON-PUBLICLY  APPOINTED
 S. 3009--C                         129                        A. 3009--C
 
 MEMBERS OF THE BOARD OF A FRANCHISED CORPORATION, and such other persons
 as the commission may by rule prescribe at running races and at steeple-
 chases,  provided,  however,  that no such license shall be required for
 seasonal  employees  hired  solely  to work for no longer than six weeks
 during the summer meet at  Saratoga  racetrack.  In  the  event  that  a
 proposed  licensee  is other than a natural person, the commission shall
 require by regulation disclosure of  the  names  and  addresses  of  all
 owners  of an interest in such entity. The commission may retain, employ
 or appoint such officers, employees and agents, as it may deem necessary
 to receive, examine and make recommendations, for the  consideration  of
 the  commission, in respect of applications for such licenses; prescribe
 their duties in connection therewith, and fix their compensation  there-
 for  within  the  limitations  prescribed  by  law. Each applicant for a
 license shall pay to the commission an annual license  fee  as  follows:
 owner's  license, if a renewal, fifty dollars, and if an original appli-
 cation, one hundred dollars; trainer's license, thirty dollars;  assist-
 ant  trainer's license, thirty dollars; jockey's license, fifty dollars;
 jockey agent's license, twenty dollars; and stable  employee's  license,
 five  dollars.  Each  applicant  may  apply for a two-year or three-year
 license by payment to the commission of the appropriate multiple of  the
 annual  fee.  The commission may by rule fix the license fees to be paid
 by other persons required to be licensed by the rules of the commission,
 not to exceed thirty dollars  per  category.  The  application  for  the
 license  shall  be  in  writing  in  such  form  as  the  commission may
 prescribe, and contain such information as the commission  may  require.
 The  commission shall henceforth cause all applicants for licenses to be
 photographed and fingerprinted and may  issue  identification  cards  to
 licensees. Such fingerprints shall be submitted to the division of crim-
 inal  justice  services  for  a  state criminal history record check, as
 defined in subdivision one of section three thousand thirty-five of  the
 education  law,  and  may be submitted to the federal bureau of investi-
 gation for a national criminal history record check. A fee equal to  the
 actual  cost  of  issuance  shall be charged for the initial issuance of
 such identification cards. Each such license unless  revoked  for  cause
 shall  be for the period of no more than one, two or three years, deter-
 mined by rule of the commission, expiring on the applicant's birth date.
 LICENSES OF NON-PUBLICLY APPOINTED MEMBERS OF THE BOARD OF A  FRANCHISED
 CORPORATION  SHALL  BE  ISSUED  WITHOUT FEE AND REMAIN IN EFFECT FOR THE
 DURATION OF THEIR BOARD SERVICE. Licenses current on the effective  date
 of this provision shall not be reduced in duration by this provision. An
 applicant  who  applies for a license that, if issued, would take effect
 less than six months prior to the applicant's birth date may, by payment
 of a fifty percent higher fee, receive a license which shall not  expire
 until  the applicant's second succeeding birth date. All receipts of the
 commission derived from the operation of this section shall be  paid  by
 it into the state treasury on or before the tenth day of each month. All
 officials  connected  with the actual conduct of racing shall be subject
 to approval by the commission.
   § 4. The New York racing association shall immediately identify  which
 members are designated to which specific seats on the board.
   §  5.  This  act  shall take effect immediately and shall apply to all
 initial appointments by the New York racing  association  reorganization
 board;  provided, however, that if section 1 of part NN of chapter 59 of
 the laws of 2017 shall not have taken effect on or before such date then
 section one of this act shall take effect on the same date  and  in  the
 same  manner as such section of such part of such chapter of the laws of
 S. 3009--C                         130                        A. 3009--C
 
 2017 takes effect; and provided, further, that the amendments to  subdi-
 vision 1 of section 220 of the racing, pari-mutuel wagering and breeding
 law  made  by section two of this act shall be subject to the expiration
 and  reversion  of  such  subdivision pursuant to section 2 of part S of
 chapter 59 of the laws of 2024, as amended,  when  upon  such  date  the
 provisions of section three of this act shall take effect.
 
                                  PART OO
 
   Section  1.  Subdivision  8 of section 1367 of the racing, pari-mutuel
 wagering and breeding law, as added by section 3 of part Y of chapter 59
 of the laws of 2021, is amended to read as follows:
   8. Notwithstanding section thirteen hundred fifty-one of this article,
 mobile sports wagering gross gaming revenue and  tax  revenue  shall  be
 excluded  from  sports  wagering  gross  gaming revenue and tax revenue.
 Mobile sports wagering tax revenue shall be  separately  maintained  and
 returned to the state for deposit into the state lottery fund for educa-
 tion  aid except as otherwise provided in this subdivision. Any interest
 and penalties imposed by the commission relating  to  those  taxes,  all
 penalties  levied  and  collected by the commission, and the appropriate
 funds, cash or prizes forfeited from sports wagering shall be  deposited
 into  the state lottery fund for education. In [the first fiscal year in
 which mobile sports wagering licensees commence  operations  and  accept
 mobile  sports wagers pursuant to this section] FISCAL YEAR TWO THOUSAND
 TWENTY-TWO, the commission shall pay into the commercial gaming fund one
 percent of the state tax imposed  on  mobile  sports  wagering  by  this
 section  to  be distributed for problem gambling education and treatment
 purposes pursuant to paragraph a of subdivision four of section  ninety-
 seven-nnnn  of the state finance law; provided however, that such amount
 shall be equal to six million  dollars  for  each  fiscal  year  THROUGH
 FISCAL  YEAR TWO THOUSAND TWENTY-SIX AND TWELVE MILLION DOLLARS FOR EACH
 FISCAL YEAR thereafter, PROVIDED THAT THIS AMOUNT MAY ONLY  BE  EXPENDED
 PURSUANT TO A PLAN APPROVED BY THE DIRECTOR OF THE BUDGET. In [the first
 fiscal  year  in  which  mobile sports wagering licensees commence oper-
 ations and accept mobile sports wagers pursuant to this section]  FISCAL
 YEAR  TWO  THOUSAND  TWENTY-TWO, the commission shall pay one percent of
 the state tax imposed on mobile sports wagering by this section  to  the
 general fund, a program to be administered by the office of children and
 family  services  for  a statewide youth sports activities and education
 grant program for the purpose  of  providing  annual  awards  to  sports
 programs for underserved youth under the age of eighteen years; provided
 however,  that  such  amount  shall be equal to five million dollars for
 each fiscal year thereafter.  The  commission  shall  require  at  least
 monthly  deposits  by  a  platform  provider of any payments pursuant to
 subdivision seven of this section, at such times, under such conditions,
 and in such depositories as shall  be  prescribed  by  the  state  comp-
 troller.  The  deposits  shall  be  deposited to the credit of the state
 commercial gaming revenue fund. The commission shall require  a  monthly
 report and reconciliation statement to be filed with it on or before the
 tenth  day  of  each  month, with respect to gross revenues and deposits
 received and made, respectively, during the preceding month.
   § 2. This act shall take effect immediately.
 
                                  PART PP
 S. 3009--C                         131                        A. 3009--C
 
   Section 1. (a) Notwithstanding any provision of  law,  rule  or  regu-
 lation  to  the  contrary,  any  site for which (i) a brownfield cleanup
 agreement with the department of environmental conservation was  entered
 into  prior  to  June 23, 2008 with respect to a site located within the
 Renaissance  Commerce  Park  situate within the city of Lackawanna, Erie
 county, (ii) which received a certificate of  completion  on  or  before
 December  31, 2017, and (iii) that has not otherwise had property placed
 in service upon such a site as of the effective date of this act,  shall
 be  a  qualified  site  for purposes of the brownfield redevelopment tax
 credits available to such a site pursuant to section 21 of the  tax  law
 as  in  effect  for  such  a  site  as of the effective date of this act
 provided that both the site preparation credit component and the on-site
 groundwater remediation credit component shall be allowed for all eligi-
 ble costs incurred on such a site prior to and within the  tax  year  in
 which  qualified  tangible property on such a site is placed in service,
 and for a seven year period following the year such  property  is  first
 placed  in  service upon such a site, provided, such a date occurs prior
 to the 2036 tax year, and the tangible property credit  component  shall
 be  allowed  for all eligible costs incurred on such a site prior to and
 within the tax year in which qualified tangible property on such a  site
 is  placed  in service, and for a ten year period (120 months) following
 the year such property is first placed in  service  upon  such  a  site,
 provided such a date occurs prior to the 2036 tax year.
   (b) In addition, any site for which (i) a brownfield cleanup agreement
 with the department of environmental conservation was entered into prior
 to  June  23, 2008 with respect to a site located within the Renaissance
 Commerce Park situate within the city of Lackawanna, Erie  county,  (ii)
 which  received  a  certificate  of completion on or before December 31,
 2017, and (iii) that has not otherwise had property  placed  in  service
 upon  such a site as of the effective date of this act shall be eligible
 to claim the tax credit for remediated brownfields available to  such  a
 site  pursuant to section 22 of the tax law as in effect for such a site
 as of the effective date of this act  provided  the  benefit  period  as
 applicable  thereto  shall  be  deemed  to be a ten-consecutive-tax-year
 period beginning with the tax year in which qualified tangible  property
 on  such  a  site  is  placed in service where said benefit period shall
 begin no later than the 2036 tax year.
   (c) Further, any site for which (i)  a  brownfield  cleanup  agreement
 with the department of environmental conservation was entered into prior
 to  June  23, 2008 with respect to a site located within the Renaissance
 Commerce Park situate within the city of Lackawanna, Erie  county,  (ii)
 which  received  a  certificate  of completion on or before December 31,
 2017, and (iii) that has not otherwise had property  placed  in  service
 upon such a site as of the effective date of this act, shall be a quali-
 fied  site for purposes of claiming the tax credit for remediated brown-
 fields available to such a site pursuant to section 22 of the  tax  law,
 provided  that such developer as defined under section 22 of the tax law
 has purchased or in any other way has been conveyed all or  any  portion
 of  such  a  site  from  any  other party who or which has been issued a
 certificate of completion with respect to such site and further provided
 that such purchase or conveyance occurs no later than the 2036 tax year.
   § 2. This act shall take effect immediately.
 
                                  PART QQ
 S. 3009--C                         132                        A. 3009--C
 
   Section 1. Section 171 of the tax law  is  amended  by  adding  a  new
 subdivision fifteenth-a to read as follows:
   FIFTEENTH-A.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER: (I)
 THE COMMISSIONER MAY GRANT THE RELIEF DESCRIBED IN  PARAGRAPH  (III)  OF
 THIS  SUBDIVISION TO A LIMITED PARTNER OF A LIMITED PARTNERSHIP (BUT NOT
 A PARTNER OF A LIMITED LIABILITY PARTNERSHIP) OR A MEMBER OF  A  LIMITED
 LIABILITY  COMPANY IF SUCH LIMITED PARTNER OR MEMBER DEMONSTRATES TO THE
 SATISFACTION OF THE COMMISSIONER THAT SUCH LIMITED PARTNER'S OR MEMBER'S
 OWNERSHIP INTEREST AND THE PERCENTAGE OF THEIR DISTRIBUTIVE SHARE OF THE
 PROFITS AND LOSSES OF SUCH  LIMITED  PARTNERSHIP  OR  LIMITED  LIABILITY
 COMPANY  ARE  EACH  LESS THAN FIFTY PERCENT, AND SUCH LIMITED PARTNER OR
 MEMBER WAS NOT UNDER A DUTY TO ACT, AND DID NOT ACT,  FOR  SUCH  LIMITED
 PARTNERSHIP  OR LIMITED LIABILITY COMPANY IN COMPLYING WITH ANY REQUIRE-
 MENT OF THE TAXES IMPOSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER AND
 PURSUANT TO THE  AUTHORITY  OF  ARTICLE  TWENTY-NINE  OF  THIS  CHAPTER.
 PROVIDED, HOWEVER, THE COMMISSIONER SHALL DENY AN APPLICATION FOR RELIEF
 IF: (A) SUCH LIMITED PARTNER OR MEMBER HAD A DUTY TO ACT OR HAS ACTED ON
 BEHALF  OF  SUCH  LIMITED  PARTNERSHIP  OR  LIMITED LIABILITY COMPANY IN
 COMPLYING WITH ANY REQUIREMENT OF THE TAXES IMPOSED UNDER ARTICLE  TWEN-
 TY-EIGHT  OF THIS CHAPTER AND PURSUANT TO THE AUTHORITY OF ARTICLE TWEN-
 TY-NINE OF THIS CHAPTER; (B) SUCH LIMITED PARTNER  OR  MEMBER  HAS  BEEN
 CONVICTED  OF A CRIME PROVIDED IN THIS CHAPTER; (C) SUCH LIMITED PARTNER
 OR MEMBER HAS A PAST-DUE TAX LIABILITY,  AS  SUCH  TERM  IS  DEFINED  IN
 SECTION  ONE HUNDRED SEVENTY-ONE-V OF THIS ARTICLE; (D) APPROVAL OF SUCH
 APPLICATION WOULD UNDERMINE COMPLIANCE WITH THE TAXES OR  OTHER  IMPOSI-
 TIONS ADMINISTERED BY THE COMMISSIONER; OR (E) APPROVAL OF SUCH APPLICA-
 TION WOULD BE ADVERSE TO THE BEST INTERESTS OF THE STATE.
   (II) THE RELIEF DESCRIBED IN PARAGRAPH (III) OF THIS SUBDIVISION SHALL
 NOT  BE  PROVIDED  UNLESS A LIMITED PARTNER OR MEMBER SUBMITS A PROPERLY
 COMPLETED APPLICATION FOR RELIEF ON A FORM PRESCRIBED BY THE COMMISSION-
 ER. THE INFORMATION PROVIDED  IN  SUCH  APPLICATION  MUST  BE  TRUE  AND
 COMPLETE IN ALL MATERIAL RESPECTS. PROVIDING MATERIALLY FALSE OR FRAUDU-
 LENT INFORMATION ON SUCH APPLICATION SHALL DISQUALIFY SUCH LIMITED PART-
 NER OR MEMBER FOR THE RELIEF DESCRIBED IN PARAGRAPH (III) OF THIS SUBDI-
 VISION,  SHALL  VOID ANY AGREEMENT WITH THE COMMISSIONER WITH RESPECT TO
 SUCH RELIEF, AND SHALL RESULT IN SUCH LIMITED PARTNER OR MEMBER  BEARING
 STRICT  LIABILITY FOR THE TOTAL AMOUNT OF TAX, INTEREST AND PENALTY OWED
 BY THEIR RESPECTIVE LIMITED PARTNERSHIP  OR  LIMITED  LIABILITY  COMPANY
 UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER AND PURSUANT TO THE AUTHORITY
 OF ARTICLE TWENTY-NINE OF THIS CHAPTER.
   (III)  IF  THE  COMMISSIONER  APPROVES  SUCH APPLICATION, SUCH LIMITED
 PARTNER OR MEMBER SHALL BE LIABLE FOR THE  PERCENTAGE  OF  THE  ORIGINAL
 LIABILITY UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER AND PURSUANT TO THE
 AUTHORITY  OF  ARTICLE  TWENTY-NINE  OF THIS CHAPTER OF THEIR RESPECTIVE
 LIMITED PARTNERSHIP OR LIMITED  LIABILITY  COMPANY  THAT  REFLECTS  SUCH
 LIMITED  PARTNER'S  OR MEMBER'S OWNERSHIP INTEREST OR DISTRIBUTIVE SHARE
 OF THE PROFITS AND LOSSES OF SUCH LIMITED PARTNERSHIP OR LIMITED LIABIL-
 ITY COMPANY, WHICHEVER IS HIGHER. SUCH ORIGINAL LIABILITY SHALL  INCLUDE
 ANY  INTEREST ACCRUED THEREON UP TO AND INCLUDING THE DATE OF PAYMENT BY
 SUCH LIMITED PARTNER OR MEMBER AT  THE  UNDERPAYMENT  RATE  SET  BY  THE
 COMMISSIONER  PURSUANT TO SECTION ELEVEN HUNDRED FORTY-TWO OF THIS CHAP-
 TER, AND SHALL BE REDUCED BY THE SUM OF ANY PAYMENTS MADE BY THE LIMITED
 PARTNERSHIP OR LIMITED LIABILITY COMPANY. PROVIDED, HOWEVER, SUCH LIMIT-
 ED PARTNER OR MEMBER SHALL NOT BE LIABLE FOR ANY PENALTY  OWED  BY  SUCH
 LIMITED PARTNERSHIP OR LIMITED LIABILITY COMPANY OR ANY OTHER PARTNER OR
 MEMBER  OF  SUCH  LIMITED  PARTNERSHIP OR LIMITED LIABILITY COMPANY; AND
 S. 3009--C                         133                        A. 3009--C
 
 PROVIDED FURTHER THAT THE SUM OF THE AMOUNTS OWED BY ALL OF THE  PERSONS
 REQUIRED  TO  COLLECT  TAX OF A LIMITED PARTNERSHIP OR LIMITED LIABILITY
 COMPANY SHALL NOT EXCEED THE TOTAL LIABILITY OF SUCH LIMITED PARTNERSHIP
 OR LIMITED LIABILITY COMPANY.
   (IV)  THE  DENIAL  OF  A LIMITED PARTNER'S OR MEMBER'S APPLICATION FOR
 RELIEF SHALL NOT BE REVIEWABLE BY THE DIVISION OF TAX APPEALS,  BUT  MAY
 BE  REVIEWED PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
 AND RULES BY A PROCEEDING COMMENCED WITHIN FOUR MONTHS OF SUCH DENIAL IN
 THE COUNTY WHERE THE COMMISSIONER HAS THEIR PRINCIPAL OFFICE.
   (V) ANY PAYMENT MADE BY A LIMITED PARTNER OR MEMBER IN EXCESS OF  SUCH
 LIMITED  PARTNER'S  OR  MEMBER'S PERCENTAGE OF OWNERSHIP OR DISTRIBUTIVE
 SHARE, WHICHEVER IS HIGHER, SHALL BE DEEMED A PAYMENT BY THE  RESPECTIVE
 LIMITED PARTNERSHIP OR LIMITED LIABILITY COMPANY, AND SUCH LIMITED PART-
 NER OR MEMBER SHALL NOT BE ENTITLED TO A REFUND OF SUCH AMOUNT.
   §  2.  Subdivision  (a)  of section 1133 of the tax law, as amended by
 section 2 of part X of chapter 59 of the laws of  2018,  is  amended  to
 read as follows:
   (a)  [(1)]  Except  as  otherwise  provided  in [paragraph two of this
 subdivision and in] section eleven hundred thirty-seven  of  this  part,
 every  person  required to collect any tax imposed by this article shall
 be personally liable for the tax imposed, collected or  required  to  be
 collected  under this article. Any such person shall have the same right
 in respect to collecting the tax from [his] THEIR customer or in respect
 to nonpayment of the tax by the customer as if the tax were  a  part  of
 the purchase price of the property or service, amusement charge or rent,
 as  the  case  may  be, and payable at the same time; provided, however,
 that the tax commission shall be joined as a  party  in  any  action  or
 proceeding brought to collect the tax.
   [(2)  Notwithstanding  any  other  provision  of this article: (i) The
 commissioner shall grant the relief described in subparagraph  (iii)  of
 this  paragraph to a limited partner of a limited partnership (but not a
 partner of a limited liability partnership) or a  member  of  a  limited
 liability  company if such limited partner or member demonstrates to the
 satisfaction of the commissioner that such limited partner's or member's
 ownership interest and the percentage of the distributive share  of  the
 profits  and  losses  of  such  limited partnership or limited liability
 company are each less than fifty percent, and such  limited  partner  or
 member  was  not  under  a  duty  to act for such limited partnership or
 limited liability company in complying  with  any  requirement  of  this
 article. Provided, however, the commissioner may deny an application for
 relief  to any such limited partner or member who the commissioner finds
 has acted on behalf of such limited  partnership  or  limited  liability
 company  in  complying  with any requirement of this article or has been
 convicted of a crime provided in this chapter  or  who  has  a  past-due
 liability,  as such term is defined in section one hundred seventy-one-v
 of this chapter.
   (ii) Such limited partner or member must  submit  an  application  for
 relief,  on  a  form prescribed by the commissioner, and the information
 provided in such application must be true and complete in  all  material
 respects.  Providing  materially false or fraudulent information on such
 application shall disqualify such limited  partner  or  member  for  the
 relief described in subparagraph (iii) of this paragraph, shall void any
 agreement  with  the commissioner with respect to such relief, and shall
 result in such limited partner or member bearing  strict  liability  for
 the  total  amount of tax, interest and penalty owed by their respective
 S. 3009--C                         134                        A. 3009--C
 limited partnership or limited liability company pursuant to this subdi-
 vision.
   (iii) A limited partner of a limited partnership or member of a limit-
 ed liability company, who meets the requirements set forth in this para-
 graph  and whose application for relief is approved by the commissioner,
 shall be liable for the percentage of the original  sales  and  use  tax
 liability  of  their respective limited partnership or limited liability
 company that reflects  such  limited  partner's  or  member's  ownership
 interest of distributive share of the profits and losses of such limited
 partnership  or  limited  liability  company,  whichever is higher. Such
 original liability shall include any interest accrued thereon up to  and
 including  the  date of payment by such limited partner or member at the
 underpayment rate set by the commissioner  pursuant  to  section  eleven
 hundred  forty-two  of this part, and shall be reduced by the sum of any
 payments made by (A) the limited partnership or limited liability compa-
 ny; (B) any person required to collect tax not eligible for relief;  and
 (C)  any  person required to collect tax who was eligible for relief but
 had not been approved for relief by the commissioner at  the  time  such
 payment  was  made.  Provided,  however,  such limited partner or member
 shall not be liable for any penalty owed by such limited partnership  or
 limited liability company or any other partner or member of such limited
 partnership  or limited liability company. Any payment made by a limited
 partner or member pursuant to the provisions of this paragraph shall not
 be credited against the liability of other limited partners  or  members
 of their respective limited partnership or limited liability company who
 are  eligible for the same relief; provided, however that the sum of the
 amounts owed by all of the persons required to collect tax of a  limited
 partnership  or  limited  liability  company  shall not exceed the total
 liability of such limited partnership or limited liability company.]
   § 3. This act shall take effect immediately.
 
                                  PART RR
 
   Section 1. Subparagraphs (A), (E) and (F) of paragraph 1 of subsection
 (e) of section 606 of the tax law, subparagraph (A) and (F)  as  amended
 by  chapter  28  of  the laws of 1987 and subparagraph (E) as amended by
 chapter 105 of the laws of 2006, are amended to read as follows:
   (A) ["Qualified] (I) FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST,
 TWO THOUSAND TWENTY-FIVE, "QUALIFIED taxpayer" means a resident individ-
 ual of the state who has occupied the same residence for six  months  or
 more  of  the  taxable year, and is required or chooses to file a return
 under this article.
   (II) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO  THOU-
 SAND  TWENTY-FIVE,  "QUALIFIED  TAXPAYER" MEANS A RESIDENT INDIVIDUAL OF
 THE STATE WHO HAS OCCUPIED THE SAME RESIDENCE FOR SIX MONTHS OR MORE  OF
 THE  TAXABLE  YEAR, AND HAS QUALIFYING REAL PROPERTY TAXES AS DEFINED IN
 CLAUSE (II) OF SUBPARAGRAPH (E) OF THIS PARAGRAPH, OR  A  REAL  PROPERTY
 TAX  EQUIVALENT  AS  DEFINED  IN CLAUSE (II) OF SUBPARAGRAPH (F) OF THIS
 PARAGRAPH, IN EXCESS OF THE FOLLOWING PERCENTAGES  OF  FEDERAL  ADJUSTED
 GROSS INCOME:
 
 IF FEDERAL ADJUSTED GROSS INCOME FOR THE          PERCENTAGE
 TAXABLE YEAR IS:
 
 $3,000 OR LESS                                    3 1/2
 OVER $3,000 BUT NOT OVER $5,000                   4
 S. 3009--C                         135                        A. 3009--C
 
 OVER $5,000 BUT NOT OVER $7,000                   4 1/2
 OVER $7,000 BUT NOT OVER $9,000                   5
 OVER $9,000 BUT NOT OVER $11,000                  5 1/2
 OVER $11,000 BUT NOT OVER $14,000                 6
 OVER $14,000 BUT NOT OVER $18,000                 6 1/2
 
   (E)  ["Qualifying]  (I)  FOR  TAXABLE  YEARS  BEGINNING BEFORE JANUARY
 FIRST, TWO THOUSAND TWENTY-FIVE, "QUALIFYING real property taxes"  means
 all  real  property taxes, special ad valorem levies and special assess-
 ments, exclusive of penalties and interest, levied on the residence of a
 qualified taxpayer and paid during the  taxable  year  less  the  credit
 claimed under subsection (n-1) of this section. In addition, for taxable
 years  beginning  after  December thirty-first, nineteen hundred eighty-
 four, a qualified taxpayer may elect to include  any  additional  amount
 that  would  have  been  levied in the absence of an exemption from real
 property taxation pursuant to section four hundred  sixty-seven  of  the
 real  property  tax law. If tenant-stockholders in a cooperative housing
 corporation have met the requirements of section two hundred sixteen  of
 the internal revenue code by which they are allowed a deduction for real
 estate taxes, the amount of taxes so allowable, or which would be allow-
 able  if the taxpayer had filed returns on a cash basis, shall be quali-
 fying real property taxes. If a residence is owned by two or more  indi-
 viduals  as joint tenants or tenants in common, and one or more than one
 individual is not a member of the household,  qualifying  real  property
 taxes  is  that  part  of such taxes on the residence which reflects the
 ownership percentage of the qualified  taxpayer  and  members  of  [his]
 THEIR  household.  If  a residence is an integral part of a larger unit,
 qualifying real property taxes shall be limited to that amount  of  such
 taxes  paid  as  may  be  reasonably apportioned to such residence. If a
 household owns and occupies two  or  more  residences  during  different
 periods  in  the same taxable year, qualifying real property taxes shall
 be the sum of the prorated qualifying real property  taxes  attributable
 to the household during the periods such household occupies each of such
 residences.  If  the household owns and occupies a residence for part of
 the taxable year and rents a residence for  part  of  the  same  taxable
 year,  it  may  include  both  the proration of qualifying real property
 taxes on the residence owned and the real property tax  equivalent  with
 respect  to  the  months the residence is rented. Provided, however, for
 purposes of the credit allowed under this  subsection,  qualifying  real
 property  taxes  may  be  included  by  a qualified taxpayer only to the
 extent that such taxpayer or the spouse of such taxpayer occupying  such
 residence  for  six months or more of the taxable year owns or has owned
 the residence and paid such taxes.
   (II) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO  THOU-
 SAND  TWENTY-FIVE, "QUALIFYING REAL PROPERTY TAXES" MEANS ALL REAL PROP-
 ERTY TAXES, SPECIAL AD VALOREM LEVIES AND SPECIAL ASSESSMENTS, EXCLUSIVE
 OF PENALTIES AND INTEREST,  LEVIED  ON  THE  RESIDENCE  OF  A  QUALIFIED
 TAXPAYER  AND  PAID  DURING  THE TAXABLE YEAR LESS ANY SCHOOL TAX RELIEF
 CREDIT ALLOWED UNDER SUBSECTION  (EEE)  OF  THIS  SECTION.  A  QUALIFIED
 TAXPAYER MAY ELECT TO INCLUDE ANY ADDITIONAL AMOUNT THAT WOULD HAVE BEEN
 LEVIED IN THE ABSENCE OF AN EXEMPTION FROM REAL PROPERTY TAXATION PURSU-
 ANT TO SECTION FOUR HUNDRED SIXTY-SEVEN OF THE REAL PROPERTY TAX LAW. IF
 TENANT-STOCKHOLDERS  IN  A  COOPERATIVE HOUSING CORPORATION HAVE MET THE
 REQUIREMENTS OF SECTION TWO HUNDRED SIXTEEN OF THE INTERNAL REVENUE CODE
 BY WHICH THEY ARE ALLOWED A DEDUCTION FOR REAL ESTATE TAXES, THE  AMOUNT
 OF  TAXES  SO ALLOWABLE, OR WHICH WOULD BE ALLOWABLE IF THE TAXPAYER HAD
 S. 3009--C                         136                        A. 3009--C
 
 FILED RETURNS ON A CASH BASIS, SHALL BE QUALIFYING REAL PROPERTY  TAXES.
 IF  A  RESIDENCE IS OWNED BY TWO OR MORE INDIVIDUALS AS JOINT TENANTS OR
 TENANTS IN COMMON, QUALIFYING REAL PROPERTY TAXES IS THAT PART  OF  SUCH
 TAXES  ON  THE  RESIDENCE WHICH REFLECTS THE OWNERSHIP PERCENTAGE OF THE
 QUALIFIED TAXPAYER. IF A RESIDENCE IS AN INTEGRAL PART OF A LARGER UNIT,
 QUALIFYING REAL PROPERTY TAXES SHALL BE LIMITED TO THAT  AMOUNT  OF  THE
 TAXES  PAID  AS  MAY  BE  REASONABLY APPORTIONED TO SUCH RESIDENCE. IF A
 QUALIFIED TAXPAYER OWNS AND  OCCUPIES  TWO  OR  MORE  RESIDENCES  DURING
 DIFFERENT  PERIODS  IN  THE  SAME TAXABLE YEAR, QUALIFYING REAL PROPERTY
 TAXES SHALL BE THE SUM OF THE PRORATED QUALIFYING  REAL  PROPERTY  TAXES
 ATTRIBUTABLE  TO  THE QUALIFIED TAXPAYER DURING THE PERIODS THE TAXPAYER
 OCCUPIES EACH OF THE RESIDENCES. IF A QUALIFIED TAXPAYER OWNS AND  OCCU-
 PIES  A RESIDENCE FOR PART OF THE TAXABLE YEAR AND RENTS A RESIDENCE FOR
 PART OF THE SAME  TAXABLE  YEAR,  THE  TAXPAYER  MAY  INCLUDE  BOTH  THE
 PRORATION  OF  QUALIFYING REAL PROPERTY TAXES ON THE RESIDENCE OWNED AND
 THE REAL PROPERTY TAX EQUIVALENT WITH RESPECT TO THE  MONTHS  THE  RESI-
 DENCE  IS  RENTED. PROVIDED, HOWEVER, FOR PURPOSES OF THE CREDIT ALLOWED
 UNDER THIS SUBSECTION, QUALIFYING REAL PROPERTY TAXES MAY BE INCLUDED BY
 A QUALIFIED TAXPAYER ONLY TO THE EXTENT THAT SUCH TAXPAYER OR THE SPOUSE
 OF SUCH TAXPAYER OCCUPYING SUCH RESIDENCE FOR SIX MONTHS OR MORE OF  THE
 TAXABLE YEAR OWNS OR HAS OWNED THE RESIDENCE AND PAID SUCH TAXES.
   (F)  ["Real] (I) FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO
 THOUSAND TWENTY-FIVE, "REAL property tax equivalent"  means  twenty-five
 percent  of  the  adjusted  rent  actually paid in the taxable year by a
 household solely for the right of occupancy of its  New  York  residence
 for  the taxable year. If [(i)] (I) a residence is rented to two or more
 individuals as cotenants, or such individuals share in the payment of  a
 single  rent  for  the  right of occupancy of such residence, and [(ii)]
 (II) each of such individuals is a member of a different household,  one
 or  more  of  which individuals shares such residence, real property tax
 equivalent is that portion of twenty-five percent of the  adjusted  rent
 paid in the taxable year which reflects that portion of the rent attrib-
 utable  to  the qualified taxpayer and the members of [his] THEIR house-
 hold.
   (II) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO  THOU-
 SAND  TWENTY-FIVE,  "REAL  PROPERTY  TAX  EQUIVALENT"  MEANS TWENTY-FIVE
 PERCENT OF THE ADJUSTED RENT ACTUALLY PAID IN  THE  TAXABLE  YEAR  BY  A
 QUALIFIED  TAXPAYER  SOLELY FOR THE RIGHT OF OCCUPANCY OF THEIR NEW YORK
 RESIDENCE FOR THE TAXABLE YEAR.
   § 2. Paragraph 2 of subsection (e) of section 606 of the tax  law,  as
 amended  by  chapter  28  of  the  laws  of  1987, is amended to read as
 follows:
   (2) [A] (A) FOR TAXABLE YEARS  BEGINNING  BEFORE  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-FIVE, A qualified taxpayer shall be allowed a credit as
 provided in  SUBPARAGRAPH  (A)  OF  paragraph  three  [hereof]  OF  THIS
 SUBSECTION  against  the  taxes  imposed  by this article reduced by the
 credits permitted by this article. If the credit exceeds the tax  as  so
 reduced  for  such  year  under  this article the qualified taxpayer may
 receive, and the comptroller, subject to a certificate of the [state tax
 commission] COMMISSIONER, shall pay as an overpayment, without interest,
 any excess between such tax as so reduced and the amount of the  credit.
 If  a  qualified  taxpayer  is not required to file a return pursuant to
 section six hundred fifty-one, a  qualified  taxpayer  may  nevertheless
 receive  and the comptroller, subject to a certificate of the [state tax
 commission] COMMISSIONER, shall pay as an overpayment the full amount of
 the credit, without interest.
 S. 3009--C                         137                        A. 3009--C
 
   (B) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST,  TWO  THOU-
 SAND TWENTY-FIVE, A QUALIFIED TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST
 THE  TAX  IMPOSED BY THIS ARTICLE AS PROVIDED FOR IN SUBPARAGRAPH (B) OF
 PARAGRAPH THREE OF THIS SUBSECTION. IF THE AMOUNT OF THE CREDIT  ALLOWED
 UNDER  THIS  SUBSECTION EXCEEDS THE TAXPAYER'S TAX FOR THE TAXABLE YEAR,
 THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE  CREDITED  OR
 REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHT-
 Y-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID
 THEREON.  IF  A  TAXPAYER  IS  NOT REQUIRED TO FILE A RETURN PURSUANT TO
 SECTION SIX HUNDRED FIFTY-ONE, A  QUALIFIED  TAXPAYER  MAY  NEVERTHELESS
 RECEIVE AND THE COMPTROLLER, SUBJECT TO A CERTIFICATE OF THE COMMISSION-
 ER,  SHALL  PAY AS AN OVERPAYMENT THE FULL AMOUNT OF THE CREDIT, WITHOUT
 INTEREST.
   § 3. Paragraph 3 of subsection (e) of section 606 of the tax  law,  as
 amended  by  chapter  28  of  the  laws  of  1987, is amended to read as
 follows:
   (3) Determination of credit. (A) For TAXABLE  YEARS  BEGINNING  BEFORE
 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, (I) FOR qualified taxpayers who
 have  attained  the  age  of sixty-five years before the beginning of or
 during the taxable year the amount of the credit  allowable  under  this
 subsection shall be fifty percent, or in the case of a qualified taxpay-
 er  who has elected to include an additional amount pursuant to subpara-
 graph (E) of paragraph one of this subsection, twenty-five  percent,  of
 the  excess  of  real  property taxes or the excess of real property tax
 equivalent determined as follows:
 
                                      Excess real property taxes are the
                                      excess of real property tax equiv-
                                      alent or the excess of qualifying
                                      real property taxes over  the  fo-
 If household gross income for the    llowing percentage of household
 taxable year is:                     gross income:
 -----------------------------------  -----------------------------------
 $3,000 or less                                      3 1/2
 Over $3,000 but not over $5,000                     4
 Over $5,000 but not over $7,000                     4 1/2
 Over $7,000 but not over $9,000                     5
 Over $9,000 but not over $11,000                    5 1/2
 Over $11,000 but not over $14,000                   6
 Over $14,000 but not over $18,000                   6 1/2
 
   Notwithstanding the foregoing provisions, the  maximum  credit  deter-
 mined  under this [subparagraph] CLAUSE may not exceed the amount deter-
 mined in accordance with the following table:
 
 If household gross income for the
 taxable year is:                     The maximum credit is:
 -----------------------------------  -----------------------------------
 $1,000 or less                                      $375
 Over $1,000 but not over $2,000                     $358
 Over $2,000 but not over $3,000                     $341
 Over $3,000 but not over $4,000                     $324
 Over $4,000 but not over $5,000                     $307
 Over $5,000 but not over $6,000                     $290
 Over $6,000 but not over $7,000                     $273
 Over $7,000 but not over $8,000                     $256
 S. 3009--C                         138                        A. 3009--C
 
 Over $8,000 but not over $9,000                     $239
 Over $9,000 but not over $10,000                    $222
 Over $10,000 but not over $11,000                   $205
 Over $11,000 but not over $12,000                   $188
 Over $12,000 but not over $13,000                   $171
 Over $13,000 but not over $14,000                   $154
 Over $14,000 but not over $15,000                   $137
 Over $15,000 but not over $16,000                   $120
 Over $16,000 but not over $17,000                   $103
 Over $17,000 but not over $18,000                   $ 86
 
   [(B)  For]  (II)  FOR  all other qualified taxpayers the amount of the
 credit allowable under this subsection shall be fifty percent of  excess
 real  property  taxes  or the excess of the real property tax equivalent
 determined as follows:
 
                                      Excess real property taxes are the
                                      excess of real property tax equiv-
                                      alent or the excess of qualifying
                                      real property taxes over the
 If household gross income for the    following percentage of household
 taxable year is:                     gross income:
 -----------------------------------  -----------------------------------
 $3,000 or less                                      3 1/2
 Over $3,000 but not over $5,000                     4
 Over $5,000 but not over $7,000                     4 1/2
 Over $7,000 but not over $9,000                     5
 Over $9,000 but not over $11,000                    5 1/2
 Over $11,000 but not over $14,000                   6
 Over $14,000 but not over $18,000                   6 1/2
 
   Notwithstanding the foregoing provisions, the  maximum  credit  deter-
 mined  under this [subparagraph] CLAUSE may not exceed the amount deter-
 mined in accordance with the following table:
 If household gross income for the
 taxable year is:                     The maximum credit is:
 -----------------------------------  -----------------------------------
 $1,000 or less                                      $75
 Over $1,000 but not over $2,000                     $73
 Over $2,000 but not over $3,000                     $71
 Over $3,000 but not over $4,000                     $69
 Over $4,000 but not over $5,000                     $67
 Over $5,000 but not over $6,000                     $65
 Over $6,000 but not over $7,000                     $63
 Over $7,000 but not over $8,000                     $61
 Over $8,000 but not over $9,000                     $59
 Over $9,000 but not over $10,000                    $57
 Over $10,000 but not over $11,000                   $55
 Over $11,000 but not over $12,000                   $53
 Over $12,000 but not over $13,000                   $51
 Over $13,000 but not over $14,000                   $49
 Over $14,000 but not over $15,000                   $47
 Over $15,000 but not over $16,000                   $45
 Over $16,000 but not over $17,000                   $43
 Over $17,000 but not over $18,000                   $41
 S. 3009--C                         139                        A. 3009--C
 
   (B) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST,  TWO  THOU-
 SAND  TWENTY-FIVE, (I) FOR QUALIFIED TAXPAYERS WHO HAVE ATTAINED THE AGE
 OF SIXTY-FIVE YEARS BEFORE THE BEGINNING OF OR DURING THE  TAXABLE  YEAR
 OR  ARE  CLAIMING DEPENDENTS AS DEFINED UNDER SECTION ONE HUNDRED FIFTY-
 TWO OF THE INTERNAL REVENUE CODE WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE
 YEARS  BEFORE  THE  BEGINNING  OF OR DURING THE TAXABLE YEAR, THE CREDIT
 ALLOWABLE UNDER THIS SUBSECTION SHALL BE:
 
 IF THE TAXPAYER'S FEDERAL ADJUSTED GROSS
 INCOME FOR THE TAXABLE YEAR IS:      THE CREDIT AMOUNT IS:
 $3,000 OR LESS                                      $375
 OVER $3,000 BUT NOT OVER $5,000                     $330
 OVER $5,000 BUT NOT OVER $7,000                     $300
 OVER $7,000 BUT NOT OVER $9,000                     $260
 OVER $9,000 BUT NOT OVER $11,000                    $230
 OVER $11,000 BUT NOT OVER $14,000                   $200
 OVER $14,000 BUT NOT OVER $18,000                   $150
   (II) FOR ALL OTHER TAXPAYERS THE AMOUNT OF THE CREDIT ALLOWABLE  UNDER
 THIS SUBSECTION SHALL BE:
 
 IF THE TAXPAYER'S FEDERAL ADJUSTED GROSS
 INCOME FOR THE TAXABLE YEAR IS:      THE CREDIT AMOUNT IS:
 $5,000 OR LESS                                      $75
 OVER $5,000 BUT NOT OVER $9,000                     $70
 OVER $9,000 BUT NOT OVER $14,000                    $60
 OVER $14,000 BUT NOT OVER $18,000                   $50
   §  4.  Paragraph 4 of subsection (e) of section 606 of the tax law, as
 amended by chapter 28 of the  laws  of  1987,  is  amended  to  read  as
 follows:
   (4)  If a qualified taxpayer occupies a residence for a period of less
 than twelve months during the taxable year or occupies two or more resi-
 dences during different periods in such taxable year, the credit allowed
 pursuant to this subsection shall be computed in such manner as the [tax
 commission] COMMISSIONER may[, by regulation,]  prescribe  in  order  to
 properly  reflect  the  credit  or  portion thereof attributable to such
 residence or residences and such period or periods.
   § 5. Paragraph 5 of subsection (e) of section 606 of the  tax  law  is
 REPEALED.
   §  6.  Paragraph 6 of subsection (e) of section 606 of the tax law, as
 amended by chapter 28 of the  laws  of  1987,  is  amended  to  read  as
 follows:
   (6)  [Only]  (A) FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO
 THOUSAND TWENTY-FIVE, ONLY one credit per household  and  per  qualified
 taxpayer  shall  be  allowed  per  taxable  year  under this subsection.
 [When] WHERE two or more members of a household are  able  to  meet  the
 qualifications  for  a  qualified  taxpayer, the credit shall be equally
 divided between or among such individuals unless such  individuals  file
 with  the  [tax  commission] COMMISSIONER a written agreement among such
 individuals setting forth  a  different  division.  Where  two  or  more
 members  of  a household are able to meet the qualifications of a quali-
 fied taxpayer and one of them is sixty-five years of age  or  more,  the
 credit  which may be taken shall be the credit applicable to individuals
 who have attained the age of sixty-five years.
 S. 3009--C                         140                        A. 3009--C
 
   [(A)] (B) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-FIVE,  ONLY  ONE CREDIT PER QUALIFIED TAXPAYER SHALL BE
 ALLOWED PER TAXABLE YEAR UNDER THIS SUBSECTION.
   (C)  Provided, however, where a joint income tax return has been filed
 pursuant to the provisions of section six hundred fifty-one by a  quali-
 fied  taxpayer  and [his] THEIR spouse (or where both spouses are quali-
 fied taxpayers and have filed such joint return),  the  credit,  or  the
 portion of the credit if divided, to which the [husband and wife] SPOUS-
 ES are entitled shall be applied against the tax of both spouses and any
 overpayment shall be made to both spouses.
   [(B)]  (D)  Where  any  return  required  to  be filed pursuant to the
 provisions of section six hundred fifty-one is combined with any  return
 of  tax  imposed  pursuant to the authority of this chapter or any other
 law if such tax is administered by the  [tax  commission]  COMMISSIONER,
 the credit or the portion of the credit if divided, allowed to the qual-
 ified  taxpayer  may  be  applied  by  the [tax commission] COMMISSIONER
 toward any liability for the aforementioned taxes.
   § 7. Subparagraph (A) of paragraph 7 of subsection (e) of section  606
 of the tax law, as amended by chapter 28 of the laws of 1987, is amended
 to read as follows:
   (A)  [If]  (I)  FOR  TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO
 THOUSAND TWENTY-FIVE, IF household gross income  for  the  taxable  year
 exceeds eighteen thousand dollars.
   (II)  FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY-FIVE,  IF  THE  TAXPAYER'S  FEDERAL  ADJUSTED  GROSS  INCOME
 EXCEEDS EIGHTEEN THOUSAND DOLLARS.
   §  8.  Paragraphs 9, 10 and 14 of subsection (e) of section 606 of the
 tax law, paragraphs 9 and 10 as amended by chapter 28  of  the  laws  of
 1987  and paragraph 14 as amended by chapter 23 of the laws of 1990, are
 amended to read as follows:
   (9) Returns. If a qualified taxpayer is not required to file a  return
 pursuant  to  section six hundred fifty-one, a claim for a credit may be
 taken on a return filed with the [tax  commission]  COMMISSIONER,  OR  A
 FORM PRESCRIBED BY THE COMMISSIONER, within three years from the time it
 would have been required that a return be filed pursuant to such section
 had  the  qualified taxpayer had a taxable year ending on December thir-
 ty-first. Returns under this paragraph shall be in such form as shall be
 prescribed by the [tax commission] COMMISSIONER, which shall make avail-
 able such forms and instructions for filing such returns.
   (10) Proof of claim. The [tax commission] COMMISSIONER may  require  a
 qualified  taxpayer  to  furnish the following information in support of
 [his] THEIR claim for credit under  this  subsection:  FEDERAL  ADJUSTED
 GROSS  INCOME,  household  gross  income, rent paid, name and address of
 owner or managing agent of the  property  rented,  real  property  taxes
 levied  or  that  would  have been levied in the absence of an exemption
 from real property tax pursuant to section four hundred  sixty-seven  of
 the  real  property  tax  law, the names of members of the household and
 other qualifying taxpayers occupying the same residence and their  iden-
 tifying  numbers  including  social  security  numbers,  household gross
 income, size and nature of property claimed as residence and  all  other
 information  which  may be required by the [tax commission] COMMISSIONER
 to determine the credit.
   (14) [The]  (A) FOR CALENDAR YEARS BEFORE  TWO  THOUSAND  TWENTY-FIVE,
 THE  commissioner  [of taxation and finance] shall prepare a preliminary
 written report after July thirty-first and a final written report  after
 December thirty-first of each calendar year, which shall contain statis-
 S. 3009--C                         141                        A. 3009--C
 
 tical  information regarding the credits granted on or before such dates
 under this subsection during  such  calendar  year.    Copies  of  these
 reports  shall  be submitted by [such] THE commissioner to the governor,
 the  temporary president of the senate, the speaker of the assembly, the
 [chairman] CHAIR of the senate  finance  committee  and  the  [chairman]
 CHAIR of the assembly ways and means committee within sixty days of July
 thirty-first  with  respect to the preliminary report, and within forty-
 five days of December thirty-first with respect  to  the  final  report.
 Such  reports  shall  contain, but need not be limited to, the number of
 credits and the average amount of such credits allowed;  and  of  those,
 the  number of credits and the average amount of such credits allowed to
 qualified taxpayers in each county; and of those, the number of  credits
 and  the  average  amount of such credits allowed to qualified taxpayers
 whose household gross income falls within each of  the  household  gross
 income  ranges  set  forth in paragraph three of this subsection; and of
 those, the number of credits and the  average  amount  of  such  credits
 allowed  to  qualified taxpayers whose credit amount falls within credit
 amount ranges set forth in twenty-five dollar increments.
   (B) FOR CALENDAR YEARS BEGINNING WITH TWO  THOUSAND  TWENTY-FIVE,  THE
 COMMISSIONER  OF  TAXATION AND FINANCE SHALL PREPARE AN ANNUAL REPORT BY
 SEPTEMBER FIRST OF EACH  SUCH  YEAR,  WHICH  SHALL  CONTAIN  STATISTICAL
 INFORMATION  REGARDING THE CREDITS CLAIMED UNDER THIS SUBSECTION FOR THE
 SECOND PRECEDING TAXABLE YEAR. COPIES OF SUCH REPORT SHALL BE  SUBMITTED
 BY  THE  COMMISSIONER  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR  OF  THE  SENATE  FINANCE
 COMMITTEE  AND  THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE. SUCH
 REPORT SHALL CONTAIN, BUT NEED NOT BE LIMITED TO, THE NUMBER OF  CREDITS
 AND  THE  AMOUNT  OF  SUCH  CREDITS ALLOWED; AND OF THOSE, THE NUMBER OF
 CREDITS AND THE AMOUNT OF SUCH CREDITS ALLOWED TO QUALIFIED TAXPAYERS IN
 EACH COUNTY; AND OF THOSE, THE NUMBER OF CREDITS AND THE AMOUNT OF  SUCH
 CREDITS  ALLOWED  TO  QUALIFIED  TAXPAYERS  WHOSE FEDERAL ADJUSTED GROSS
 INCOME FALLS WITHIN EACH OF THE FEDERAL ADJUSTED GROSS INCOME RANGES SET
 FORTH IN PARAGRAPH THREE OF THIS SUBSECTION.
   § 9. This act shall take effect immediately.
 
                                  PART SS
 
   Section 1. The tax law is amended by adding a new section 1202-z-5  to
 read as follows:
   §  1202-Z-5.  OCCUPANCY TAX IN THE CITY OF AUBURN. (1) NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE CITY OF AUBURN,  IN  THE
 COUNTY  OF CAYUGA, IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND
 LOCAL LAWS IMPOSING IN SUCH CITY A TAX, IN ADDITION  TO  ANY  OTHER  TAX
 AUTHORIZED AND IMPOSED PURSUANT TO THIS ARTICLE, SUCH AS THE LEGISLATURE
 HAS OR WOULD HAVE THE POWER AND AUTHORITY TO IMPOSE UPON PERSONS OCCUPY-
 ING  ANY  ROOM  FOR HIRE IN ANY HOTEL. FOR THE PURPOSES OF THIS SECTION,
 THE TERM "HOTEL" SHALL MEAN A BUILDING OR PORTION OF IT WHICH  IS  REGU-
 LARLY  USED  AND  KEPT  OPEN AS SUCH FOR THE LODGING OF GUESTS. THE TERM
 "HOTEL" INCLUDES AN APARTMENT HOTEL, A  MOTEL,  A  BOARDING  HOUSE,  AND
 FACILITIES  DESIGNATED  AND  COMMONLY KNOWN AS A "BED AND BREAKFAST" AND
 SIMILAR "TOURIST" FACILITIES, WHETHER OR NOT MEALS ARE SERVED. THE  RATE
 OF  SUCH  TAX  SHALL NOT EXCEED FIVE PERCENT OF THE PER DIEM RENTAL RATE
 FOR EACH ROOM WHETHER SUCH ROOM IS RENTED ON A DAILY OR LONGER BASIS.
   (2) SUCH TAXES MAY BE COLLECTED AND ADMINISTERED BY THE  CHIEF  FISCAL
 OFFICER  OF THE CITY OF AUBURN BY SUCH MEANS AND IN SUCH MANNER AS OTHER
 S. 3009--C                         142                        A. 3009--C
 
 TAXES WHICH ARE NOW COLLECTED AND ADMINISTERED BY  SUCH  OFFICER  OR  AS
 OTHERWISE MAY BE PROVIDED BY SUCH LOCAL LAW.
   (3)  SUCH  LOCAL LAWS MAY PROVIDE THAT ANY TAXES IMPOSED SHALL BE PAID
 BY THE PERSON LIABLE THEREFOR TO THE OWNER OF THE ROOM FOR HIRE  IN  THE
 TOURIST  HOME,  INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE OF PUBLIC
 ACCOMMODATION OCCUPIED OR TO THE PERSON ENTITLED TO BE PAID THE RENT  OR
 CHARGE THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR
 OTHER  SIMILAR PLACE OF PUBLIC ACCOMMODATION OCCUPIED FOR AND ON ACCOUNT
 OF THE CITY OF AUBURN IMPOSING THE TAX AND THAT  SUCH  OWNER  OR  PERSON
 ENTITLED  TO  BE  PAID  THE  RENT  OR  CHARGE  SHALL  BE  LIABLE FOR THE
 COLLECTION AND PAYMENT OF THE TAX; AND THAT SUCH OWNER OR  PERSON  ENTI-
 TLED  TO BE PAID THE RENT OR CHARGE SHALL HAVE THE SAME RIGHT IN RESPECT
 TO COLLECTING THE TAX FROM THE PERSON OCCUPYING THE ROOM FOR HIRE IN THE
 TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE  OF  PUBLIC
 ACCOMMODATION,  OR  IN  RESPECT  TO  NONPAYMENT OF THE TAX BY THE PERSON
 OCCUPYING THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL, MOTEL
 OR SIMILAR PLACE OF PUBLIC ACCOMMODATION, AS IF THE TAXES WERE A PART OF
 THE RENT OR CHARGE AND PAYABLE AT THE SAME TIME AS THE RENT  OR  CHARGE;
 PROVIDED,  HOWEVER, THAT THE CHIEF FISCAL OFFICER OF THE CITY, SPECIFIED
 IN SUCH LOCAL LAWS, SHALL BE JOINED AS A PARTY IN ANY ACTION OR PROCEED-
 ING BROUGHT TO COLLECT THE TAX BY THE OWNER OR BY THE PERSON ENTITLED TO
 BE PAID THE RENT OR CHARGE.
   (4) SUCH LOCAL LAWS MAY PROVIDE FOR THE  FILING  OF  RETURNS  AND  THE
 PAYMENT OF THE TAXES ON A MONTHLY BASIS OR ON THE BASIS OF ANY LONGER OR
 SHORTER PERIOD OF TIME.
   (5)  THIS  SECTION SHALL NOT AUTHORIZE THE IMPOSITION OF SUCH TAX UPON
 ANY OF THE FOLLOWING:
   A. THE STATE OF NEW YORK,  OR  ANY  PUBLIC  CORPORATION  (INCLUDING  A
 PUBLIC CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER
 STATE  OR  THE  DOMINION OF CANADA), IMPROVEMENT DISTRICT OR OTHER POLI-
 TICAL SUBDIVISION OF THE STATE;
   B. THE UNITED STATES OF AMERICA, INSOFAR AS IT IS  IMMUNE  FROM  TAXA-
 TION;
   C.  ANY CORPORATION OR ASSOCIATION, OR TRUST, OR COMMUNITY CHEST, FUND
 OR FOUNDATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITA-
 BLE OR EDUCATIONAL PURPOSES, OR FOR THE PREVENTION OF CRUELTY  TO  CHIL-
 DREN  OR ANIMALS, AND NO PART OF THE NET EARNINGS OF WHICH INURES TO THE
 BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART
 OF THE ACTIVITIES OF WHICH  IS  CARRYING  ON  PROPAGANDA,  OR  OTHERWISE
 ATTEMPTING  TO INFLUENCE LEGISLATION; PROVIDED, HOWEVER, THAT NOTHING IN
 THIS PARAGRAPH SHALL INCLUDE AN ORGANIZATION OPERATED  FOR  THE  PRIMARY
 PURPOSE  OF  CARRYING  ON A TRADE OR BUSINESS FOR PROFIT, WHETHER OR NOT
 ALL OF ITS PROFITS ARE PAYABLE TO ONE OR MORE ORGANIZATIONS DESCRIBED IN
 THIS PARAGRAPH; OR
   D. A PERMANENT RESIDENT OF A HOTEL OR MOTEL. FOR THE PURPOSES OF  THIS
 SECTION, THE TERM "PERMANENT RESIDENT" SHALL MEAN A NATURAL PERSON OCCU-
 PYING  ANY ROOM OR ROOMS IN A HOTEL OR MOTEL FOR AT LEAST NINETY CONSEC-
 UTIVE DAYS.
   (6) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
 SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR  ANY
 OTHER  REASON  WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
 THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO  THE
 SUPREME  COURT  WITHIN  THIRTY  DAYS  AFTER THE GIVING OF NOTICE OF SUCH
 FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH  PROCEEDING  UNDER
 ARTICLE  SEVENTY-EIGHT  OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
 INSTITUTED UNLESS:
 S. 3009--C                         143                        A. 3009--C
 
   A. THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH SUCH INTEREST AND
 PENALTIES THEREON AS MAY BE PROVIDED FOR BY LOCAL  LAWS  OR  REGULATIONS
 SHALL BE FIRST DEPOSITED AND THERE SHALL BE FILED AN UNDERTAKING, ISSUED
 BY  A  SURETY  COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE AND
 APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES OF THIS STATE AS TO
 SOLVENCY  AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME
 COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING  BE  DISMISSED
 OR THE TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH
 MAY ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING; OR
   B.  AT  THE OPTION OF THE PETITIONER, SUCH UNDERTAKING MAY BE IN A SUM
 SUFFICIENT TO COVER THE TAXES, INTERESTS AND PENALTIES  STATED  IN  SUCH
 DETERMINATION  PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN
 THE PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE  PETITIONER  SHALL
 NOT  BE REQUIRED TO PAY SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION
 PRECEDENT TO THE APPLICATION.
   (7) WHERE ANY TAXES IMPOSED HEREUNDER  SHALL  HAVE  BEEN  ERRONEOUSLY,
 ILLEGALLY OR UNCONSTITUTIONALLY COLLECTED AND APPLICATION FOR THE REFUND
 THEREFOR  DULY  MADE  TO THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
 OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
 SUCH DETERMINATION SHALL BE REVIEWABLE BY  A  PROCEEDING  UNDER  ARTICLE
 SEVENTY-EIGHT  OF  THE  CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
 THAT SUCH PROCEEDING IS INSTITUTED WITHIN THIRTY DAYS AFTER  THE  GIVING
 OF  THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
 NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED  WITH  THE  PROPER
 FISCAL  OFFICER  OR  OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
 JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT  THAT  IF  SUCH
 PROCEEDING  BE DISMISSED OR THE TAXES CONFIRMED, THE PETITIONER WILL PAY
 ALL COSTS AND CHARGES WHICH  MAY  ACCRUE  IN  THE  PROSECUTION  OF  SUCH
 PROCEEDING.
   (8)  EXCEPT IN THE CASE OF A WILLFULLY FALSE OR FRAUDULENT RETURN WITH
 INTENT TO EVADE THE TAX, NO ASSESSMENT OF ADDITIONAL TAX SHALL  BE  MADE
 AFTER  THE  EXPIRATION  OF  MORE  THAN  THREE YEARS FROM THE DATE OF THE
 FILING OF A RETURN, PROVIDED, HOWEVER, THAT WHERE  NO  RETURN  HAS  BEEN
 FILED AS PROVIDED BY LAW THE TAX MAY BE ASSESSED AT ANY TIME.
   (9)  ALL  REVENUES  RESULTING FROM THE IMPOSITION OF THE TAX UNDER THE
 LOCAL LAWS SHALL BE PAID INTO THE TREASURY OF THE  CITY  OF  AUBURN  AND
 SHALL BE CREDITED TO AND DEPOSITED IN THE GENERAL FUND OF THE CITY. SUCH
 REVENUES MAY BE USED FOR ANY LAWFUL PURPOSE.
   (10) EACH ENACTMENT OF SUCH A LOCAL LAW MAY PROVIDE FOR THE IMPOSITION
 OF  A  HOTEL  OR MOTEL TAX FOR A PERIOD OF TIME NO LONGER THAN TWO YEARS
 FROM THE DATE OF ITS ENACTMENT. NOTHING IN THIS SECTION  SHALL  PROHIBIT
 THE  ADOPTION AND ENACTMENT OF LOCAL LAWS, PURSUANT TO THE PROVISIONS OF
 THIS SECTION, UPON THE EXPIRATION OF ANY OTHER LOCAL LAW ADOPTED  PURSU-
 ANT TO THIS SECTION.
   (11)  IF  ANY  PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO
 ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF  THIS
 SECTION  AND  THE  APPLICATION  OF  SUCH  PROVISION  TO OTHER PERSONS OR
 CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, 2027.
 
                                  PART TT
 
   Section  1.  The tax law is amended by adding a new section 1202-kk to
 read as follows:
 S. 3009--C                         144                        A. 3009--C
 
   § 1202-KK. HOTEL OR MOTEL TAXES IN THE CITY OF BUFFALO.  (1)  NOTWITH-
 STANDING  ANY  OTHER  PROVISIONS  OF  LAW  TO  THE CONTRARY, THE CITY OF
 BUFFALO, IN THE COUNTY OF ERIE, IS HEREBY AUTHORIZED  AND  EMPOWERED  TO
 ADOPT  AND  AMEND LOCAL LAWS IMPOSING IN SUCH CITY A TAX, IN ADDITION TO
 ANY  OTHER  TAX  AUTHORIZED AND IMPOSED PURSUANT TO THIS ARTICLE SUCH AS
 THE LEGISLATURE HAS OR WOULD HAVE THE POWER AND AUTHORITY TO IMPOSE UPON
 PERSONS OCCUPYING HOTEL OR MOTEL ROOMS IN SUCH CITY. FOR THE PURPOSES OF
 THIS SECTION, THE TERM "HOTEL" OR "MOTEL" SHALL  MEAN  AND  INCLUDE  ANY
 FACILITY  CONSISTING OF RENTABLE UNITS AND PROVIDING LODGING ON AN OVER-
 NIGHT BASIS AND SHALL INCLUDE THOSE FACILITIES DESIGNATED  AND  COMMONLY
 KNOWN AS "BED AND BREAKFAST" AND "TOURIST" FACILITIES. THE RATES OF SUCH
 TAX  SHALL NOT EXCEED THREE PERCENT OF THE PER DIEM RENTAL RATE FOR EACH
 ROOM, PROVIDED HOWEVER, THAT SUCH TAX  SHALL  NOT  BE  APPLICABLE  TO  A
 PERMANENT RESIDENT OF A HOTEL OR MOTEL. FOR THE PURPOSES OF THIS SECTION
 THE  TERM "PERMANENT RESIDENT" SHALL MEAN A PERSON OCCUPYING ANY ROOM OR
 ROOMS IN A HOTEL OR MOTEL FOR AT LEAST NINETY CONSECUTIVE DAYS.
   (2) SUCH TAX MAY BE COLLECTED AND ADMINISTERED BY THE COMMISSIONER  OF
 ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS OF THE CITY OF BUFFALO
 BY  SUCH MEANS AND IN SUCH MANNER AS OTHER TAXES WHICH ARE NOW COLLECTED
 AND ADMINISTERED BY SUCH OFFICER OR AS OTHERWISE MAY BE PROVIDED BY SUCH
 LOCAL LAW.
   (3) SUCH LOCAL LAWS MAY PROVIDE THAT ANY TAX IMPOSED SHALL BE PAID  BY
 THE PERSON LIABLE THEREFOR TO THE OWNER OF THE HOTEL OR MOTEL ROOM OCCU-
 PIED  OR  TO  THE  PERSON ENTITLED TO BE PAID THE RENT OR CHARGE FOR THE
 HOTEL OR MOTEL ROOM OCCUPIED FOR AND ON ACCOUNT OF THE CITY  OF  BUFFALO
 IMPOSING  THE  TAX AND THAT SUCH OWNER OR PERSON ENTITLED TO BE PAID THE
 RENT OR CHARGE SHALL BE LIABLE FOR THE COLLECTION  AND  PAYMENT  OF  THE
 TAX;  AND  THAT  SUCH  OWNER  OR  PERSON ENTITLED TO BE PAID THE RENT OR
 CHARGE SHALL HAVE THE SAME RIGHT IN RESPECT TO COLLECTING THE  TAX  FROM
 THE  PERSON  OCCUPYING THE HOTEL OR MOTEL ROOM, OR IN RESPECT TO NONPAY-
 MENT OF THE TAX BY THE PERSON OCCUPYING THE HOTEL OR MOTEL ROOM,  AS  IF
 THE  TAX  WERE A PART OF THE RENT OR CHARGE AND PAYABLE AT THE SAME TIME
 AS THE RENT OR CHARGE;  PROVIDED,  HOWEVER,  THAT  THE  COMMISSIONER  OF
 ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS OF THE CITY, SPECIFIED
 IN  SUCH LOCAL LAW, SHALL BE JOINED AS A PARTY IN ANY ACTION OR PROCEED-
 ING BROUGHT TO COLLECT THE TAX BY THE OWNER OR BY THE PERSON ENTITLED TO
 BE PAID THE RENT OR CHARGE.
   (4) SUCH LOCAL LAWS MAY PROVIDE FOR THE  FILING  OF  RETURNS  AND  THE
 PAYMENT  OF  THE TAX ON A MONTHLY BASIS OR ON THE BASIS OF ANY LONGER OR
 SHORTER PERIOD OF TIME.
   (5) THIS SECTION SHALL NOT AUTHORIZE THE IMPOSITION OF SUCH  TAX  UPON
 ANY  TRANSACTION,  BY  OR  WITH  ANY OF THE FOLLOWING IN ACCORDANCE WITH
 SECTION TWELVE HUNDRED THIRTY OF THIS ARTICLE:
   A. THE STATE OF NEW YORK,  OR  ANY  PUBLIC  CORPORATION  (INCLUDING  A
 PUBLIC CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER
 STATE  OR  THE  DOMINION OF CANADA), IMPROVEMENT DISTRICT OR OTHER POLI-
 TICAL SUBDIVISION OF THE STATE;
   B. THE UNITED STATES OF AMERICA, INSOFAR AS IT IS  IMMUNE  FROM  TAXA-
 TION;
   C.  ANY CORPORATION OR ASSOCIATION, OR TRUST, OR COMMUNITY CHEST, FUND
 OR FOUNDATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITA-
 BLE OR EDUCATIONAL PURPOSES, OR FOR THE PREVENTION OF CRUELTY  TO  CHIL-
 DREN  OR ANIMALS, AND NO PART OF THE NET EARNINGS OF WHICH INURES TO THE
 BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART
 OF THE ACTIVITIES OF WHICH  IS  CARRYING  ON  PROPAGANDA,  OR  OTHERWISE
 ATTEMPTING  TO INFLUENCE LEGISLATION; PROVIDED, HOWEVER, THAT NOTHING IN
 S. 3009--C                         145                        A. 3009--C
 
 THIS PARAGRAPH SHALL INCLUDE AN ORGANIZATION OPERATED  FOR  THE  PRIMARY
 PURPOSE  OF  CARRYING  ON A TRADE OR BUSINESS FOR PROFIT, WHETHER OR NOT
 ALL OF ITS PROFITS ARE PAYABLE TO ONE OR MORE ORGANIZATIONS DESCRIBED IN
 THIS PARAGRAPH.
   (6) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
 SHALL  BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR ANY
 OTHER REASON WHATSOEVER BY A PROCEEDING UNDER ARTICLE  SEVENTY-EIGHT  OF
 THE  CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO THE
 SUPREME COURT WITHIN THIRTY DAYS AFTER THE GIVING OF THE NOTICE OF  SUCH
 FINAL  DETERMINATION,  PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL  NOT  BE
 INSTITUTED UNLESS:
   A. THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH SUCH INTEREST AND
 PENALTIES  THEREON  AS  MAY  BE PROVIDED FOR BY LOCAL LAW SHALL BE FIRST
 DEPOSITED AND THERE IS FILED AN UNDERTAKING, ISSUED BY A SURETY  COMPANY
 AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE AND APPROVED BY THE SUPER-
 INTENDENT OF FINANCIAL SERVICES OF THIS STATE AS TO SOLVENCY AND RESPON-
 SIBILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME COURT SHALL APPROVE
 TO  THE EFFECT THAT IF SUCH PROCEEDING BE DISMISSED OR THE TAX CONFIRMED
 THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH MAY  ACCRUE  IN  THE
 PROSECUTION OF SUCH PROCEEDING; OR
   B.  AT  THE  OPTION OF THE PETITIONER SUCH UNDERTAKING MAY BE IN A SUM
 SUFFICIENT TO COVER THE TAXES, INTERESTS AND PENALTIES  STATED  IN  SUCH
 DETERMINATION  PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN
 THE PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE  PETITIONER  SHALL
 NOT  BE REQUIRED TO PAY SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION
 PRECEDENT TO THE APPLICATION.
   (7) WHERE ANY TAX IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY, ILLE-
 GALLY OR UNCONSTITUTIONALLY COLLECTED AND  APPLICATION  FOR  THE  REFUND
 THEREOF  DULY  MADE  TO  THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
 OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
 SUCH DETERMINATION SHALL BE REVIEWABLE BY  A  PROCEEDING  UNDER  ARTICLE
 SEVENTY-EIGHT  OF  THE  CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
 THAT SUCH PROCEEDING IS INSTITUTED WITHIN THIRTY DAYS AFTER  THE  GIVING
 OF  THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
 NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED  WITH  THE  PROPER
 FISCAL  OFFICER  OR  OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
 JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT  THAT  IF  SUCH
 PROCEEDING  BE  DISMISSED  OR THE TAX CONFIRMED, THE PETITIONER WILL PAY
 ALL COSTS AND CHARGES WHICH  MAY  ACCRUE  IN  THE  PROSECUTION  OF  SUCH
 PROCEEDING.
   (8)  EXCEPT IN THE CASE OF A WILLFULLY FALSE OR FRAUDULENT RETURN WITH
 INTENT TO EVADE THE TAX, NO ASSESSMENT OF ADDITIONAL TAX SHALL  BE  MADE
 AFTER  THE  EXPIRATION  OF  MORE  THAN  THREE YEARS FROM THE DATE OF THE
 FILING OF A RETURN, PROVIDED, HOWEVER, THAT WHERE  NO  RETURN  HAS  BEEN
 FILED AS PROVIDED BY LAW THE TAX MAY BE ASSESSED AT ANY TIME.
   (9)  ALL  REVENUES  RESULTING FROM THE IMPOSITION OF THE TAX UNDER THE
 LOCAL LAWS SHALL BE PAID INTO THE TREASURY OF THE CITY  OF  BUFFALO  AND
 SHALL BE CREDITED TO AND DEPOSITED IN THE GENERAL FUND OF THE CITY. SUCH
 REVENUES  SHALL  BE USED AS FOLLOWS: TWENTY-FIVE PERCENT OF SUCH REVENUE
 FROM THIS TAX SHALL BE ALLOCATED TO SUPPORT ORGANIZATIONS  DEDICATED  TO
 MAINTENANCE OF THE CITY-OWNED PUBLIC REALM AND CITY-OWNED PARKING FACIL-
 ITIES IN DOWNTOWN AS WELL AS PUBLIC SAFETY INITIATIVES UNDERTAKEN BY THE
 BUFFALO  POLICE  DEPARTMENT  AND  OTHER  ORGANIZATIONS  IN DOWNTOWN, AND
 SEVENTY-FIVE PERCENT SHALL BE  ALLOCATED  FOR  CAPITAL  IMPROVEMENTS  TO
 S. 3009--C                         146                        A. 3009--C
 
 CITY-OWNED  CULTURAL FACILITIES CITYWIDE, THE CITY-OWNED PUBLIC REALM IN
 DOWNTOWN, AND CITY-OWNED PROFESSIONAL SPORTING VENUES.
   (10)  IF  ANY  PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO
 ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF  THIS
 SECTION  AND  THE  APPLICATION  OF  SUCH  PROVISION  TO OTHER PERSONS OR
 CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, 2027.
 
                                  PART UU
   Section  1.  Paragraphs  1 and 9 of subsection (g-4) of section 606 of
 the tax law, as added by section 1 of part FF of chapter 59 of the  laws
 of 2022, are amended to read as follows:
   (1)  General. An individual taxpayer shall be allowed a credit against
 the tax imposed by this article equal to twenty-five percent  of  quali-
 fied  geothermal  energy  system  expenditures,  except  as  provided in
 subparagraph (D) of paragraph two of this subsection, not to exceed five
 thousand dollars FOR  QUALIFIED  GEOTHERMAL  ENERGY  SYSTEMS  PLACED  IN
 SERVICE  ON  OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWENTY-FIVE, AND TEN
 THOUSAND DOLLARS FOR QUALIFIED GEOTHERMAL  ENERGY  EQUIPMENT  PLACED  IN
 SERVICE ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE.
   (9)  [Carryover]  APPLICATION  of credit. If the amount of the credit,
 and carryovers of such credit, allowable under this subsection  for  any
 taxable  year shall exceed the taxpayer's tax for such year, such excess
 amount may be carried over to the five taxable years next following  the
 taxable  year  with  respect  to  which the credit is allowed and may be
 deducted from the taxpayer's tax for such year  or  years.  FOR  TAXABLE
 YEARS  BEGINNING  ON  OR  AFTER  JANUARY FIRST, TWO THOUSAND TWENTY-SIX,
 TAXPAYERS WHO ARE (A) MARRIED FILING  JOINTLY  OR  QUALIFYING  SURVIVING
 SPOUSES WITH A FEDERAL ADJUSTED GROSS INCOME OF ONE HUNDRED EIGHTY THOU-
 SAND  DOLLARS  OR LESS, OR (B) SINGLE, MARRIED FILING SEPARATE, OR HEADS
 OF HOUSEHOLD WITH A FEDERAL ADJUSTED GROSS  INCOME  OF  NINETY  THOUSAND
 DOLLARS  OR  LESS,  MAY ELECT TO RECEIVE SUCH EXCESS AMOUNT 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.
   § 2. This act shall take effect immediately.
 
                                  PART VV
 
   Section 1. Section 800 of the tax law, as added by section 1 of part C
 of chapter 25 of the laws of 2009, subsection (b) as amended by  section
 1 of part B of chapter 56 of the laws of 2011, paragraph 4 of subsection
 (b) as amended by section 1 of part YY of chapter 59 of the laws of 2015
 and  subsection  (e)  as amended by section 1 of part B of chapter 59 of
 the laws of 2023, is amended to read as follows:
   § 800. Definitions. For the purposes of this article:
   (a) Metropolitan commuter transportation  district.  The  metropolitan
 commuter  transportation  district  ("MCTD") means the area of the state
 included in the district created and governed by section twelve  hundred
 sixty-two of the public authorities law. THE MCTD SHALL HAVE TWO ZONES:
   (1)  MCTD ZONE ONE SHALL BE COMPRISED OF THE COUNTIES OF BRONX, KINGS,
 NEW YORK, QUEENS, AND RICHMOND.
 S. 3009--C                         147                        A. 3009--C
 
   (2) MCTD ZONE TWO SHALL BE COMPRISED  OF  THE  COUNTIES  OF  DUTCHESS,
 NASSAU, ORANGE, PUTNAM, ROCKLAND, SUFFOLK AND WESTCHESTER.
   (b)  Employer.  Employer  means  an  employer  required by section six
 hundred seventy-one of this chapter to  deduct  and  withhold  tax  from
 wages,  [that  has  a  payroll expense in excess of three hundred twelve
 thousand five hundred dollars in any calendar quarter;] other than
   (1) any agency or instrumentality of the United States;
   (2) the United Nations;
   (3) an interstate agency or public corporation created pursuant to  an
 agreement or compact with another state or the Dominion of Canada; [or]
   (4)  Any  eligible  educational  institution. An "eligible educational
 institution" shall mean any public school district, a board  of  cooper-
 ative  educational  services, a public elementary or secondary school, a
 school approved pursuant to article eighty-five or  eighty-nine  of  the
 education  law  to  serve students with disabilities of school age, or a
 nonpublic elementary or secondary school that  provides  instruction  in
 grade one or above, all public library systems as defined in subdivision
 one  of  section  two  hundred seventy-two of the education law, and all
 public and free association libraries  as  such  terms  are  defined  in
 subdivision two of section two hundred fifty-three of the education law;
 OR
   (5)  ANY  LOCAL GOVERNMENT EMPLOYER WHOSE COVERED EMPLOYEES ARE WITHIN
 MCTD ZONE TWO.
   (c) Payroll expense. Payroll expense means wages and  compensation  as
 defined  in sections 3121 and 3231 of the internal revenue code (without
 regard to section 3121(a)(1) and section 3231(e)(2)(A)(i)), paid to  all
 covered employees.
   (d)  Covered  employee.  Covered  employee  means  an  employee who is
 employed within the MCTD.
   (e) Net earnings from self-employment. Net earnings from  self-employ-
 ment  has  the  same  meaning as in section 1402 of the internal revenue
 code, provided, however, that for purposes of  determining  whether  the
 exclusion  pursuant to paragraph 13 of subsection (a) of section 1402 of
 the internal revenue code applies, an individual shall not be considered
 a limited partner if the individual, directly or indirectly, takes  part
 in  the  control, or participates in the management or operations of the
 partnership such that the individual is not a passive investor,  regard-
 less  of  the individual's title or characterization in a partnership or
 operating agreement.
   (F) LOCAL GOVERNMENT EMPLOYER.  LOCAL GOVERNMENT EMPLOYER MEANS (1)  A
 COUNTY,  CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL
 DIVISION OF THE STATE, (2) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT, (3)
 A PUBLIC AUTHORITY, COMMISSION, COMMUNITY  COLLEGE,  OR  PUBLIC  BENEFIT
 CORPORATION, (4) ANY OTHER PUBLIC CORPORATION, AGENCY OR INSTRUMENTALITY
 OR UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWERS UNDER THE LAWS
 OF  THE  STATE, OR (5) IN THE CASE OF A COUNTY SHERIFF'S OFFICE IN THOSE
 COUNTIES WHERE THE OFFICE OF SHERIFF IS AN ELECTED  POSITION,  BOTH  THE
 COUNTY  AND  THE SHERIFF, SHALL BE DESIGNATED AS A JOINT PUBLIC EMPLOYER
 FOR ALL PURPOSES OF THIS ARTICLE.
   § 2. Section 801 of the tax law, as added by section 1 of  part  C  of
 chapter  25  of the laws of 2009, subsection (a) as amended by section 1
 of part N of chapter 59 of the laws of 2012, paragraph 1  of  subsection
 (a)  as  amended  by  section  1  and subparagraph (B) of paragraph 2 of
 subsection (a) as amended by section 3 of part Q of chapter  58  of  the
 laws  of  2023  and subparagraph (A) of paragraph 2 of subsection (a) as
 S. 3009--C                         148                        A. 3009--C
 
 amended by section 1 of part C of chapter 59 of the  laws  of  2024,  is
 amended to read as follows:
   § 801. Imposition of tax and rate. (a) For the sole purpose of provid-
 ing  an  additional stable and reliable dedicated funding source for the
 metropolitan transportation authority and its  subsidiaries  and  affil-
 iates to preserve, operate and improve essential transit and transporta-
 tion  services  in  the metropolitan commuter transportation district, a
 tax is hereby imposed on employers and individuals as follows:  (1)  (A)
 For  TAX QUARTERS BEGINNING BEFORE JULY FIRST, TWO THOUSAND TWENTY-FIVE,
 employers who engage in business within the MCTD,  in  the  counties  of
 Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk and Westchester, the
 tax  is  imposed at a rate of (i) eleven hundredths (.11) percent of the
 payroll expense for employers with payroll expense  GREATER  THAN  THREE
 HUNDRED  TWELVE  THOUSAND FIVE HUNDRED DOLLARS AND no greater than three
 hundred seventy-five thousand dollars  in  any  calendar  quarter,  (ii)
 twenty-three hundredths (.23) percent of the payroll expense for employ-
 ers  with  payroll expense greater than three hundred seventy-five thou-
 sand dollars and no greater than four hundred thirty-seven thousand five
 hundred  dollars  in  any  calendar  quarter,  and   (iii)   thirty-four
 hundredths  (.34)  percent  of  the  payroll  expense for employers with
 payroll expense in excess of four  hundred  thirty-seven  thousand  five
 hundred  dollars  in  any calendar quarter. If the employer is a profes-
 sional employer organization, as defined in section nine hundred sixteen
 of the labor law, the employer's tax shall be calculated by  determining
 the  payroll  expense attributable to each client who has entered into a
 professional employer agreement with such organization and  the  payroll
 expense  attributable  to  such organization itself, multiplying each of
 those payroll expense amounts by the applicable rate set forth  in  this
 paragraph and adding those products together.
   (B)  For  TAX QUARTERS BEGINNING BEFORE JULY FIRST, TWO THOUSAND TWEN-
 TY-FIVE, employers who engage in business within the MCTD, in the  coun-
 ties of Bronx, Kings, New York, Queens, and Richmond, the tax is imposed
 at  a rate of (i) eleven hundredths (.11) percent of the payroll expense
 for employers with payroll expense GREATER  THAN  THREE  HUNDRED  TWELVE
 THOUSAND  FIVE  HUNDRED DOLLARS AND no greater than three hundred seven-
 ty-five thousand dollars in  any  calendar  quarter,  (ii)  twenty-three
 hundredths  (.23)  percent  of  the  payroll  expense for employers with
 payroll expense greater than three hundred seventy-five thousand dollars
 and no greater than four  hundred  thirty-seven  thousand  five  hundred
 dollars  in  any  calendar  quarter,  and  (iii)  sixty hundredths (.60)
 percent of the payroll expense for employers  with  payroll  expense  in
 excess of four hundred thirty-seven thousand five hundred dollars in any
 calendar  quarter.  If the employer is a professional employer organiza-
 tion, as defined in section nine hundred sixteen of the labor  law,  the
 employer's  tax  shall  be calculated by determining the payroll expense
 attributable to each client who has entered into a professional employer
 agreement with such organization and the payroll expense attributable to
 such organization itself, multiplying  each  of  those  payroll  expense
 amounts  by  the  applicable rate set forth in this paragraph and adding
 those products together.
   (C) FOR TAX QUARTERS BEGINNING ON AND AFTER JULY FIRST,  TWO  THOUSAND
 TWENTY-FIVE, FOR EMPLOYERS WITHIN MCTD ZONE ONE, THE TAX IS IMPOSED AT A
 RATE OF (I) FIFTY-FIVE THOUSANDTHS (.055) PERCENT OF THE PAYROLL EXPENSE
 FOR  EMPLOYERS  WITH  PAYROLL  EXPENSE GREATER THAN THREE HUNDRED TWELVE
 THOUSAND FIVE HUNDRED DOLLARS AND NO GREATER THAN THREE  HUNDRED  SEVEN-
 TY-FIVE  THOUSAND  DOLLARS  IN  ANY  CALENDAR  QUARTER, (II) ONE HUNDRED
 S. 3009--C                         149                        A. 3009--C
 
 FIFTEEN THOUSANDTHS (.115) PERCENT OF THE PAYROLL EXPENSE FOR  EMPLOYERS
 WITH  PAYROLL  EXPENSE  GREATER THAN THREE HUNDRED SEVENTY-FIVE THOUSAND
 DOLLARS AND NO GREATER THAN  FOUR  HUNDRED  THIRTY-SEVEN  THOUSAND  FIVE
 HUNDRED  DOLLARS  IN  ANY CALENDAR QUARTER, (III) SIXTY HUNDREDTHS (.60)
 PERCENT OF THE PAYROLL EXPENSE FOR EMPLOYERS WITH PAYROLL EXPENSE GREAT-
 ER THAN FOUR HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS  AND  NO
 GREATER  THAN  TWO MILLION FIVE HUNDRED THOUSAND DOLLARS IN ANY CALENDAR
 QUARTER; AND (IV) EIGHT HUNDRED NINETY-FIVE THOUSANDTHS  (.895)  PERCENT
 OF  THE  PAYROLL EXPENSE FOR EMPLOYERS WITH PAYROLL EXPENSE IN EXCESS OF
 TWO MILLION FIVE HUNDRED  THOUSAND  DOLLARS  IN  ANY  CALENDAR  QUARTER.
 PROVIDED, HOWEVER, THAT FOR EMPLOYERS WITHIN MCTD ZONE ONE WHO ARE LOCAL
 GOVERNMENT  EMPLOYERS AS DEFINED IN THIS ARTICLE WITH PAYROLL EXPENSE IN
 EXCESS OF TWO MILLION FIVE HUNDRED  THOUSAND  DOLLARS  IN  ANY  CALENDAR
 QUARTER,  THE TAX IS IMPOSED AT A RATE OF SIXTY HUNDREDTHS (.60) PERCENT
 OF THE PAYROLL EXPENSE. IF  THE  EMPLOYER  IS  A  PROFESSIONAL  EMPLOYER
 ORGANIZATION,  AS  DEFINED  IN SECTION NINE HUNDRED SIXTEEN OF THE LABOR
 LAW, THE EMPLOYER'S TAX SHALL BE CALCULATED BY DETERMINING  THE  PAYROLL
 EXPENSE  ATTRIBUTABLE TO EACH CLIENT WHO HAS ENTERED INTO A PROFESSIONAL
 EMPLOYER AGREEMENT  WITH  SUCH  ORGANIZATION  AND  THE  PAYROLL  EXPENSE
 ATTRIBUTABLE  TO  SUCH  ORGANIZATION  ITSELF,  MULTIPLYING EACH OF THOSE
 PAYROLL EXPENSE AMOUNTS BY THE APPLICABLE RATE SET FORTH IN  THIS  PARA-
 GRAPH AND ADDING THOSE PRODUCTS TOGETHER.
   (D)  FOR  TAX QUARTERS BEGINNING ON AND AFTER JULY FIRST, TWO THOUSAND
 TWENTY-FIVE, FOR EMPLOYERS WITHIN MCTD  ZONE  TWO  THAT  ARE  NOT  LOCAL
 GOVERNMENT  EMPLOYERS,  THE  TAX  IS IMPOSED AT A RATE OF (I) FIFTY-FIVE
 THOUSANDTHS (.055) PERCENT OF THE PAYROLL  EXPENSE  FOR  EMPLOYERS  WITH
 PAYROLL  EXPENSE GREATER THAN THREE HUNDRED TWELVE THOUSAND FIVE HUNDRED
 DOLLARS AND NO GREATER THAN THREE HUNDRED SEVENTY-FIVE THOUSAND  DOLLARS
 IN  ANY  CALENDAR  QUARTER,  (II) ONE HUNDRED FIFTEEN THOUSANDTHS (.115)
 PERCENT OF THE PAYROLL EXPENSE FOR EMPLOYERS WITH PAYROLL EXPENSE GREAT-
 ER THAN THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO GREATER  THAN
 FOUR  HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS IN ANY CALENDAR
 QUARTER, (III) THIRTY-FOUR  HUNDREDTHS  (.34)  PERCENT  OF  THE  PAYROLL
 EXPENSE  FOR  EMPLOYERS  WITH  PAYROLL EXPENSE GREATER THAN FOUR HUNDRED
 THIRTY-SEVEN THOUSAND FIVE HUNDRED  DOLLARS  AND  NO  GREATER  THAN  TWO
 MILLION  FIVE HUNDRED THOUSAND DOLLARS IN ANY CALENDAR QUARTER; AND (IV)
 SIX HUNDRED  THIRTY-FIVE  THOUSANDTHS  (.635)  PERCENT  OF  THE  PAYROLL
 EXPENSE FOR EMPLOYERS WITH PAYROLL EXPENSE IN EXCESS OF TWO MILLION FIVE
 HUNDRED  THOUSAND  DOLLARS IN ANY CALENDAR QUARTER. IF THE EMPLOYER IS A
 PROFESSIONAL EMPLOYER ORGANIZATION, AS DEFINED IN SECTION  NINE  HUNDRED
 SIXTEEN  OF  THE  LABOR  LAW,  THE EMPLOYER'S TAX SHALL BE CALCULATED BY
 DETERMINING THE PAYROLL EXPENSE ATTRIBUTABLE  TO  EACH  CLIENT  WHO  HAS
 ENTERED  INTO  A  PROFESSIONAL EMPLOYER AGREEMENT WITH SUCH ORGANIZATION
 AND THE PAYROLL EXPENSE ATTRIBUTABLE TO SUCH ORGANIZATION ITSELF, MULTI-
 PLYING EACH OF THOSE PAYROLL EXPENSE AMOUNTS BY THE APPLICABLE RATE  SET
 FORTH IN THIS PARAGRAPH AND ADDING THOSE PRODUCTS TOGETHER.
   (2)  FOR INDIVIDUALS IN CALENDAR YEARS BEGINNING BEFORE JANUARY FIRST,
 TWO THOUSAND TWENTY-SIX: (A) [For individuals,] the tax is imposed at  a
 rate  of  thirty-four  hundredths (.34) percent of the net earnings from
 self-employment of individuals that are attributable to the MCTD, in the
 counties of Dutchess, Nassau, Orange,  Putnam,  Rockland,  Suffolk,  and
 Westchester,  if  such  earnings  attributable  to the MCTD exceed fifty
 thousand dollars for the tax year.
   (B) [For  individuals,]  the  tax  is  imposed  at  a  rate  of  sixty
 hundredths  (.60)  percent  of  the net earnings from self-employment of
 individuals that are attributable to the MCTD, in the counties of Bronx,
 S. 3009--C                         150                        A. 3009--C
 Kings, New York, Queens, and Richmond, if such earnings attributable  to
 the MCTD exceed fifty thousand dollars for the tax year.
   (3)  FOR  INDIVIDUALS IN CALENDAR YEARS BEGINNING ON AND AFTER JANUARY
 FIRST, TWO THOUSAND TWENTY-SIX: (A) THE TAX IS  IMPOSED  AT  A  RATE  OF
 SIXTY  HUNDREDTHS (.60) PERCENT OF THE NET EARNINGS FROM SELF-EMPLOYMENT
 OF INDIVIDUALS THAT ARE ATTRIBUTABLE TO MCTD ZONE ONE, IF SUCH  EARNINGS
 ATTRIBUTABLE  TO  THE MCTD EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS FOR
 THE TAX YEAR.
   (B) THE TAX IS IMPOSED AT  A  RATE  OF  THIRTY-FOUR  HUNDREDTHS  (.34)
 PERCENT OF THE NET EARNINGS FROM SELF-EMPLOYMENT OF INDIVIDUALS THAT ARE
 ATTRIBUTABLE TO MCTD ZONE TWO, IF SUCH EARNINGS ATTRIBUTABLE TO THE MCTD
 EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS FOR THE TAX YEAR.
   (b)(1)  An  individual  having  net earnings from self-employment from
 activity both within and without the metropolitan  commuter  transporta-
 tion district is required to allocate and apportion such net earnings to
 the  MCTD  in  the  manner  required for allocation and apportionment of
 income under article twenty-two of this chapter.
   (2) In the case of individuals with earnings from self-employment, the
 net earnings from self employment threshold  in  [paragraph]  PARAGRAPHS
 two  OR  THREE  of subsection (a) of this section will be computed on an
 individual basis regardless of whether that  individual  filed  a  joint
 personal income tax return.
   (c) The determination of whether a covered employee is employed within
 the MCTD will be made by utilizing the rules applicable to the jurisdic-
 tion  of  employment for purposes of the statewide wage reporting system
 under section one hundred seventy-one-a of this chapter and substituting
 the MCTD for the state in that application.
   § 3. Subdivision 4 of section 1270-h of the public authorities law  is
 renumbered  subdivision  5  and  a new subdivision 4 is added to read as
 follows:
   4. COMMENCING SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, NO LATER THAN
 THE LAST BUSINESS DAY OF EACH MONTH, AFTER SATISFYING  THE  REQUIREMENTS
 OF  ANY  DEBT SERVICE OR RESERVE REQUIREMENTS, IF ANY, OF ANY RESOLUTION
 AUTHORIZING BONDS, NOTES  OR  OTHER  OBLIGATIONS,  THE  AUTHORITY  SHALL
 TRANSFER  TWENTY-EIGHT AND FIVE-TENTHS PERCENT OF THE REVENUE, INCLUDING
 TAXES, INTEREST AND PENALTIES COLLECTED IN ACCORDANCE WITH ARTICLE TWEN-
 TY-THREE OF THE TAX LAW TO THE 2025 TO 2029 CAPITAL PROGRAM  ACCOUNT  IN
 THE  METROPOLITAN  TRANSPORTATION  AUTHORITY CAPITAL LOCKBOX FUND ESTAB-
 LISHED PURSUANT TO SECTION FIVE HUNDRED FIFTY-THREE-J OF THIS CHAPTER.
   § 4. Section 553-j of the public authorities law, as added by  section
 5 of subpart A of part ZZZ of chapter 59 of the laws of 2019, is amended
 to read as follows:
   §  553-j.  [Additional  powers  and  provisions in relation to central
 business district tolling program] METROPOLITAN TRANSPORTATION AUTHORITY
 CAPITAL LOCKBOX FUND. 1.  The authority shall establish  a  fund  to  be
 known  as the [central business district tolling] METROPOLITAN TRANSPOR-
 TATION AUTHORITY capital lockbox fund which shall be kept separate  from
 and  shall not be commingled with any other monies of the authority. The
 fund shall consist of TWO SEPARATE AND DISTINCT ACCOUNTS: (I) THE  "2020
 TO  2024  CAPITAL  PROGRAM  ACCOUNT"  AND (II) THE "2025 TO 2029 CAPITAL
 PROGRAM ACCOUNT".
   (A) THE 2020 TO 2024 CAPITAL PROGRAM  ACCOUNT  SHALL  CONSIST  OF  all
 monies received by the authority pursuant to article forty-four-C of the
 vehicle  and  traffic  law, subdivision twelve-a of section five hundred
 fifty-three of this title, and revenues of the real estate transfer  tax
 deposited  pursuant to subdivision (b) of section fourteen hundred twen-
 S. 3009--C                         151                        A. 3009--C
 ty-one of the tax law, and sales tax  pursuant  to  subdivision  (c)  of
 section  eleven  hundred forty-eight of the tax law, subparagraph (B) of
 paragraph five of subdivision (c) of section twelve hundred sixty-one of
 the  tax  law, and funds appropriated from the central business district
 trust fund established pursuant to section [ninty-nine-ff]  NINETY-NINE-
 FF of the state finance law.
   (B)  THE  2025  TO  2029  CAPITAL PROGRAM ACCOUNT SHALL CONSIST OF ALL
 MONIES DEPOSITED PURSUANT TO SUBDIVISION FOUR OF SECTION TWELVE  HUNDRED
 SEVENTY-H OF THIS CHAPTER.
   2.  Monies in the [fund] 2020 TO 2024 CAPITAL PROGRAM ACCOUNT shall be
 applied, subject to agreements with bondholders and  applicable  federal
 law,  to  the  payment of operating, administration, and other necessary
 expenses of the authority, or to the city of New  York  subject  to  the
 memorandum  of  understanding  executed pursuant to subdivision two-a of
 section seventeen hundred four of the vehicle and traffic  law  properly
 allocable to such program, including the planning, designing, construct-
 ing,  installing or maintaining of the central business district tolling
 program, including, without limitation, the  central  business  district
 tolling infrastructure, the central business district tolling collection
 system  and  the  central  business  district  tolling  customer service
 center, and the costs of any metropolitan transportation authority capi-
 tal projects included within the 2020 to 2024 MTA capital program or any
 successor programs. Monies in the [fund] 2020 TO  2024  CAPITAL  PROGRAM
 ACCOUNT may be: (a) pledged by the authority to secure and be applied to
 the payment of the bonds, notes or other obligations of the authority to
 finance  the  costs  of  the  central business district tolling program,
 including, without limitation, the  central  business  district  tolling
 infrastructure,  the central business district tolling collection system
 and the central business district tolling customer service  center,  and
 the  costs of any metropolitan transportation authority capital projects
 included within the 2020 to 2024 MTA capital program  or  any  successor
 programs,  including  debt  service,  reserve  requirements, if any, the
 payment of amounts required under bond and note facilities or agreements
 related thereto, the payment of federal government  loans,  security  or
 credit  arrangements or other agreements related thereto; or (b) used by
 the authority for the payment of such capital costs of the central busi-
 ness district tolling program and the costs of any  metropolitan  trans-
 portation  authority  capital  projects included within the 2020 to 2024
 MTA capital program or any successor programs; or (c) transferred to the
 metropolitan transportation authority and (1) pledged by  the  metropol-
 itan transportation authority to secure and be applied to the payment of
 the bonds, notes or other obligations of the metropolitan transportation
 authority  to  finance  the  costs  of  any  metropolitan transportation
 authority capital projects included within the 2020 to 2024 MTA  capital
 program  or  any  successor  programs,  including  debt service, reserve
 requirements, if any, the payment of amounts  required  under  bond  and
 note  facilities  or  agreements related thereto, the payment of federal
 government loans, security or credit arrangements  or  other  agreements
 related thereto, or (2) used by the metropolitan transportation authori-
 ty for the payment of OR TO REIMBURSE the costs, INCLUDING DEBT SERVICE,
 of  any  metropolitan transportation authority capital projects included
 within the 2020 to 2024 MTA capital program or any  successor  programs.
 Such  revenues shall only supplement and shall not supplant any federal,
 state, or local funds expended by  the  authority  or  the  metropolitan
 transportation  authority, or such authority's or metropolitan transpor-
 tation  authority's  affiliates  or  subsidiaries  for  such  respective
 S. 3009--C                         152                        A. 3009--C
 
 purposes.  Central  business  district  toll  revenues  may  be  used as
 required to  obtain,  utilize,  or  maintain  federal  authorization  to
 collect tolls on federal aid highways.
   2-A.  MONIES  IN  THE  2025  TO  2029 CAPITAL PROGRAM ACCOUNT SHALL BE
 APPLIED, SUBJECT TO AGREEMENTS WITH BONDHOLDERS AND  APPLICABLE  FEDERAL
 LAW,  TO  THE  PAYMENT  OF  THE COSTS OF ANY METROPOLITAN TRANSPORTATION
 AUTHORITY CAPITAL PROJECTS INCLUDED WITHIN THE 2025 TO 2029 MTA  CAPITAL
 PROGRAM  OR  ANY  SUCCESSOR PROGRAMS. MONIES IN THE 2025 TO 2029 CAPITAL
 PROGRAM ACCOUNT MAY BE: (A) PLEDGED BY THE AUTHORITY TO  SECURE  AND  BE
 APPLIED  TO  THE PAYMENT OF THE BONDS, NOTES OR OTHER OBLIGATIONS OF THE
 AUTHORITY TO  FINANCE  THE  COSTS  OF  ANY  METROPOLITAN  TRANSPORTATION
 AUTHORITY  CAPITAL PROJECTS INCLUDED WITHIN THE 2025 TO 2029 MTA CAPITAL
 PROGRAM OR ANY  SUCCESSOR  PROGRAMS,  INCLUDING  DEBT  SERVICE,  RESERVE
 REQUIREMENTS,  IF  ANY,  THE  PAYMENT OF AMOUNTS REQUIRED UNDER BOND AND
 NOTE FACILITIES OR AGREEMENTS RELATED THERETO, THE  PAYMENT  OF  FEDERAL
 GOVERNMENT  LOANS,  SECURITY  OR CREDIT ARRANGEMENTS OR OTHER AGREEMENTS
 RELATED THERETO; OR (B) USED BY THE AUTHORITY FOR THE  PAYMENT  OF  SUCH
 CAPITAL  COSTS  OF  ANY  METROPOLITAN  TRANSPORTATION  AUTHORITY CAPITAL
 PROJECTS INCLUDED WITHIN THE 2025 TO 2029 MTA  CAPITAL  PROGRAM  OR  ANY
 SUCCESSOR  PROGRAMS;  OR (C) TRANSFERRED TO THE METROPOLITAN TRANSPORTA-
 TION AUTHORITY  AND  (1)  PLEDGED  BY  THE  METROPOLITAN  TRANSPORTATION
 AUTHORITY TO SECURE AND BE APPLIED TO THE PAYMENT OF THE BONDS, NOTES OR
 OTHER  OBLIGATIONS  OF  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  TO
 FINANCE THE COSTS OF ANY METROPOLITAN TRANSPORTATION  AUTHORITY  CAPITAL
 PROJECTS  INCLUDED  WITHIN  THE  2025 TO 2029 MTA CAPITAL PROGRAM OR ANY
 SUCCESSOR PROGRAMS, INCLUDING DEBT  SERVICE,  RESERVE  REQUIREMENTS,  IF
 ANY,  THE  PAYMENT OF AMOUNTS REQUIRED UNDER BOND AND NOTE FACILITIES OR
 AGREEMENTS RELATED THERETO, THE PAYMENT  OF  FEDERAL  GOVERNMENT  LOANS,
 SECURITY  OR CREDIT ARRANGEMENTS OR OTHER AGREEMENTS RELATED THERETO, OR
 (2) USED BY THE METROPOLITAN TRANSPORTATION AUTHORITY FOR THE PAYMENT OF
 OR TO REIMBURSE THE COSTS, INCLUDING DEBT SERVICE, OF  ANY  METROPOLITAN
 TRANSPORTATION  AUTHORITY  CAPITAL  PROJECTS INCLUDED WITHIN THE 2025 TO
 2029 MTA CAPITAL PROGRAM OR ANY SUCCESSOR PROGRAMS.  SUCH REVENUES SHALL
 ONLY SUPPLEMENT AND SHALL NOT SUPPLANT  ANY  FEDERAL,  STATE,  OR  LOCAL
 FUNDS  EXPENDED  BY  THE  AUTHORITY  OR  THE METROPOLITAN TRANSPORTATION
 AUTHORITY, OR SUCH AUTHORITY'S OR METROPOLITAN  TRANSPORTATION  AUTHORI-
 TY'S AFFILIATES OR SUBSIDIARIES FOR SUCH RESPECTIVE PURPOSES.
   3. Any monies deposited in the fund shall be held in the fund free and
 clear  of  any  claim by any person arising out of or in connection with
 article forty-four-C of the vehicle and traffic law  [and],  subdivision
 twelve-a  of section five hundred fifty-three of this title, AND ARTICLE
 TWENTY-THREE OF THE TAX LAW. Without  limiting  the  generality  of  the
 foregoing,  no  person paying any amount that is deposited into the fund
 shall have any right or claim against the authority or the  metropolitan
 transportation  authority, any of their bondholders, any of the authori-
 ty's or the  metropolitan  transportation  authority's  subsidiaries  or
 affiliates  to  any monies in or distributed from the fund or in respect
 of a refund, rebate, credit or reimbursement of monies arising out of or
 in connection with article forty-four-C of the vehicle and  traffic  law
 [and],  subdivision twelve-a of section five hundred fifty-three of this
 title, AND ARTICLE TWENTY-THREE OF THE TAX LAW.
   3-a. Of the capital project costs paid by this  fund:  eighty  percent
 shall  be  capital  project costs of the New York city transit authority
 and its subsidiary, Staten Island Rapid Transit Operating Authority, and
 MTA Bus with priority given to the subway  system,  new  signaling,  new
 subway  cars,  track and car repair, accessibility, buses and bus system
 S. 3009--C                         153                        A. 3009--C
 
 improvements and further investments in expanding  transit  availability
 to  areas  in the outer boroughs that have limited mass transit options;
 ten percent shall be capital project costs of the Long Island Rail Road,
 including but not limited to, parking facilities, rolling stock, capaci-
 ty  enhancements,  accessibility,  and expanding transit availability to
 areas in the Metropolitan Commuter  Transportation  District  that  have
 limited  mass  transit options; and ten percent shall be capital project
 costs of the Metro-North Commuter Railroad Company,  including  but  not
 limited  to,  parking  facilities, rolling stock, capacity enhancements,
 accessibility, and expanding transit availability to areas in the Metro-
 politan Commuter Transportation District that have limited mass  transit
 options.
   4.  The  authority  shall report annually on all receipts and expendi-
 tures of the fund AND EACH ACCOUNT WITHIN THE  FUND.  The  report  shall
 detail  operating  expenses  of  the  central  business district tolling
 program and all fund expenditures including capital projects. The report
 shall be readily available to the public, and shall  be  posted  on  the
 authority's  website  and  be  submitted  to the governor, the temporary
 president of the senate, the speaker of  the  assembly,  the  mayor  and
 council of the city of New York, the metropolitan transportation author-
 ity board, and the metropolitan transportation authority capital program
 review board.
   5.  Any  operating funding used for the purposes of a central business
 district tolling program SHALL ONLY BE from [this fund] THE 2020 TO 2024
 CAPITAL PROGRAM ACCOUNT AND shall be approved, annually, in  a  plan  of
 expenditures, by the director of the budget.
   §  5.  This act shall take effect immediately; provided, however, that
 sections three and four of this act shall apply to tax  quarters  begin-
 ning on and after July 1, 2025.
 
                                  PART WW
 
   Section  1.  Paragraph 2 of subdivision (d) of section 1109 of the tax
 law, as added by chapter 485 of the laws of 1981, is amended to read  as
 follows:
   (2)  On  or before the twelfth day of each month, after reserving such
 amount for such refunds and such costs, the commissioner of taxation and
 finance shall certify to the comptroller the amount of all  revenues  so
 received  during  the prior month as a result of the taxes, interest and
 penalties so imposed and in addition on or before the last day  of  June
 the  commissioner  shall  certify  the  amount of such revenues received
 during and including the first twenty-five days of June. [The amount  of
 revenues  so certified shall be deposited by the comptroller in the mass
 transportation operating assistance fund established by section  eighty-
 eight-a  of the state finance law to the credit of the metropolitan mass
 transportation operating assistance account therein.] FIFTEEN PERCENT OF
 THE REVENUES SO CERTIFIED SHALL BE DEPOSITED BY THE COMPTROLLER  IN  THE
 MASS  TRANSPORTATION  OPERATING  ASSISTANCE  FUND ESTABLISHED BY SECTION
 EIGHTY-EIGHT-A OF THE STATE FINANCE LAW TO THE CREDIT OF  THE  METROPOL-
 ITAN  MASS  TRANSPORTATION OPERATING ASSISTANCE ACCOUNT THEREIN. EIGHTY-
 FIVE PERCENT OF THE REVENUES SO CERTIFIED  SHALL  BE  DEPOSITED  BY  THE
 COMPTROLLER  IN THE DEDICATED MASS TRANSPORTATION TRUST FUND ESTABLISHED
 PURSUANT TO SECTION  EIGHTY-NINE-C  OF  THE  STATE  FINANCE  LAW  TO  BE
 DISTRIBUTED  AS  FOLLOWS:  EIGHTY-FIVE  PERCENT  OF SUCH AMOUNT SHALL BE
 ALLOCATED TO THE NEW YORK CITY TRANSIT AUTHORITY  AND  ITS  SUBSIDIARIES
 AND  THE  STATEN  ISLAND  RAPID  TRANSIT OPERATING AUTHORITY AND FIFTEEN
 S. 3009--C                         154                        A. 3009--C
 PERCENT OF SUCH AMOUNT SHALL BE ALLOCATED TO THE LONG ISLAND  RAIL  ROAD
 COMPANY AND METRO-NORTH COMMUTER RAILROAD COMPANY IN ACCORDANCE WITH THE
 PROCEDURES  FOR  PAYMENT  AND  DISTRIBUTION  SPECIFIED IN SECTION TWELVE
 HUNDRED SEVENTY-C OF THE PUBLIC AUTHORITIES LAW, FOR PAYMENT, SUBJECT TO
 APPROPRIATION,  TO  THE  METROPOLITAN TRANSPORTATION AUTHORITY DEDICATED
 TAX FUND ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED SEVENTY-C OF THE
 PUBLIC AUTHORITIES LAW.
   § 2. Paragraph 3 of subdivision g of section 1109 of the tax  law,  as
 amended  by  section  2 of part GG of chapter 57 of the laws of 2010, is
 amended to read as follows:
   (3) By the fifteenth day of the month in which  the  commissioner  has
 made the certifications to the comptroller described in paragraph two of
 this  subdivision, the comptroller shall bill any county, city or school
 district in such metropolitan  commuter  transportation  district  which
 provides  such  clothing  and  footwear  exemption, and any city in such
 district in which the taxes imposed by section eleven hundred  eight  of
 this  part  are  in  effect,  an  amount equal to one-half of the amount
 certified to the comptroller by the  commissioner  in  respect  of  such
 county,  city  or  school  district;  and  such  county,  city or school
 district shall pay the amount of such bill to  the  comptroller  by  the
 twenty-fifth  day  of such month. The comptroller shall deposit any such
 amounts received [in the mass transportation operating  assistance  fund
 established  by  section  eighty-eight-a of the state finance law to the
 credit of the  metropolitan  mass  transportation  operating  assistance
 account therein] AS PROVIDED IN SUBDIVISION (D) OF THIS SECTION.
   §  3.  Paragraph 4 of subdivision g of section 1109 of the tax law, as
 amended by section 2 of part GG of chapter 57 of the laws  of  2010,  is
 amended to read as follows:
   (4)  In  the event that a county, city or school district imposing tax
 pursuant to the authority of subpart B of part I of article  twenty-nine
 of this chapter does not pay in full a bill described in paragraph three
 of  this  subdivision  by the twenty-fifth day of the month described in
 paragraphs two and three of  this  subdivision,  the  comptroller  shall
 deduct  any  amount  not  paid  from  the  amount of the next payment or
 payments due such county, city or school district pursuant  to  subdivi-
 sion  (c) of section twelve hundred sixty-one of this chapter until such
 amount not paid has been recovered. The comptroller  shall  deposit  the
 amounts  so deducted and recovered [in the mass transportation operating
 assistance fund] to be credited as provided in paragraph three  of  this
 subdivision.
   §  4.  Paragraph 5 of subdivision g of section 1109 of the tax law, as
 amended by section 2 of part GG of chapter 57 of the laws  of  2010,  is
 amended to read as follows:
   (5)  In  the  event  that a city in which the taxes imposed by section
 eleven hundred eight of this article are in effect does not pay in  full
 a  bill  described in paragraph three of this subdivision by the twenty-
 fifth day of the month described in paragraphs two  and  three  of  this
 subdivision,  the  comptroller shall deduct any amount not paid from the
 amount of any other moneys due  such  city  from  the  comptroller,  not
 otherwise  pledged, dedicated or encumbered pursuant to other state law,
 until such amount not paid has been  recovered.  The  comptroller  shall
 deposit  the  amounts so deducted and recovered [in the mass transporta-
 tion operating assistance fund] to be credited as provided in  paragraph
 three of this subdivision.
 S. 3009--C                         155                        A. 3009--C
 
   §  5.  Paragraph 7 of subdivision g of section 1109 of the tax law, as
 amended by section 2 of part GG of chapter 57 of the laws  of  2010,  is
 amended to read as follows:
   (7)  On the same date that the comptroller is required to bill a coun-
 ty, city or school district an amount as provided in paragraph three  of
 this  subdivision,  the  comptroller  shall, after having first made any
 deposits required by section ninety-two-r of the state finance  law  and
 only  to  the  extent  that there are moneys remaining after having made
 such required deposits, withdraw from the state treasury, to  the  debit
 of  the  general  fund,  an  amount  equal  to  the total of the amounts
 required to be billed to counties, cities and school districts  pursuant
 to  such  subdivision  three  and deposit such total amount [in the mass
 transportation operating assistance fund] to be credited as provided  in
 such paragraph three. The amount of any over calculation or under calcu-
 lation determined in paragraph six of this subdivision shall likewise be
 applied to the amounts required to be deposited under this paragraph, so
 that  the  amounts deposited under this paragraph equal the total of the
 amounts required to be billed to counties, cities and  school  districts
 under  such  paragraph  three, as adjusted, pursuant to paragraph six of
 this subdivision.
   § 6. Paragraph 3 of subdivision h of section 1109 of the tax  law,  as
 amended  by section 2 of part M-1 of chapter 109 of the laws of 2006, is
 amended to read as follows:
   (3) The comptroller  shall,  after  having  first  made  any  deposits
 required  by  section  ninety-two-r of the state finance law and only to
 the extent that there  are  moneys  remaining  after  having  made  such
 required deposits, withdraw from the state treasury, to the debit of the
 general fund, and shall deposit the amount certified by the commissioner
 as  such  revenue foregone [in the mass transportation operating assist-
 ance fund established by section eighty-eight-a of the state finance law
 to the credit of the metropolitan mass transportation operating  assist-
 ance account therein] AS PROVIDED IN SUBDIVISION (D) OF THIS SECTION.
   §  7.  Paragraph  (a)  of  subdivision  7 of section 88-a of the state
 finance law, as added by chapter 481 of the laws of 1981, is amended  to
 read as follows:
   (a)   The   "metropolitan  mass  transportation  operating  assistance
 account" shall consist of THAT PROPORTION OF the revenues  derived  from
 the  taxes  for  the  metropolitan  transportation  district  imposed by
 section eleven hundred nine of the tax law AS SPECIFIED IN SUCH  SECTION
 and that proportion of the receipts received pursuant to the tax imposed
 by  article  [nine-a]  NINE-A  of  such  law as specified in section one
 hundred seventy-one-a of such law, and that proportion of  the  receipts
 received  pursuant  to  the  tax  imposed by article nine of such law as
 specified in section two hundred five of  such  law,  and  the  receipts
 required  to  be  deposited  pursuant  to  the provisions of section one
 hundred eighty-two-a OF SUCH LAW,  and  all  other  moneys  credited  or
 transferred thereto from any other fund or source pursuant to law.
   §  8.  Subdivision  3  of  section  89-c  of the state finance law, as
 amended by chapter 56 of the  laws  of  1993,  is  amended  to  read  as
 follows:
   3.  Moneys  in  the  dedicated  mass  transportation trust fund shall,
 following appropriation by the legislature, be utilized for  the  recon-
 struction,  replacement,  purchase, modernization, improvement, recondi-
 tioning, preservation and maintenance of mass transit facilities,  vehi-
 cles  and  rolling  stock,  or  the payment of debt service or operating
 expenses incurred by mass  transit  operating  agencies,  and  for  rail
 S. 3009--C                         156                        A. 3009--C
 
 projects authorized pursuant to section fourteen-j of the transportation
 law,  for  payments to the general debt service fund of amounts equal to
 amounts required for service contract payments related to rail  projects
 as  provided  and  authorized by section three hundred eighty-six of the
 public authorities law and for programs to assist small and minority and
 women-owned firms engaged  in  transportation  construction  and  recon-
 struction  projects,  including  a  revolving  fund  for working capital
 loans, and a bonding guarantee assistance  program  in  accordance  with
 provisions  of  this chapter. It is the intent of the governor to submit
 and the legislature to enact in a budget bill for fiscal  year  nineteen
 hundred  ninety-four--ninety-five, two appropriations from the dedicated
 mass  transportation  trust  fund  to  the  metropolitan  transportation
 authority  dedicated  tax  fund  established  by  section twelve hundred
 seventy-c of the public authorities law. One such appropriation shall be
 equal to the amounts expected to be available for such purpose  pursuant
 to  subdivision (d) of section three hundred one-j of the tax law during
 the nineteen hundred ninety-four--ninety-five fiscal year and  shall  be
 effective  in  that  fiscal  year. The other such appropriation shall be
 equal to the amount expected to be available for such  purpose  pursuant
 to  subdivision (d) of section three hundred one-j of the tax law during
 the nineteen hundred  ninety-five--ninety-six  fiscal  year  and  shall,
 notwithstanding  the  provisions  of section forty of this chapter, take
 effect on the first day of the nineteen hundred  ninety-five--ninety-six
 fiscal  year  and  lapse  on the last day of that fiscal year. It is the
 intent of the governor to submit and the legislature to enact  for  each
 fiscal  year  after the nineteen hundred ninety-four--ninety-five fiscal
 year in an annual budget bill:  (i)  an  appropriation  for  the  amount
 expected to be available in the dedicated mass transportation trust fund
 during  such  fiscal  year for the metropolitan transportation authority
 pursuant to subdivision (d) of section three hundred one-j  of  the  tax
 law  AND PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED NINE
 OF THE TAX LAW, including any amounts on deposit therein from any  prior
 year  which have been previously appropriated, and (ii) an appropriation
 of the amounts projected by the director of the budget to  be  deposited
 in the metropolitan transportation authority dedicated tax fund from the
 dedicated  mass transportation trust fund pursuant to subdivision (d) of
 section three hundred one-j of the tax law AND PARAGRAPH TWO OF SUBDIVI-
 SION (D) OF SECTION ELEVEN HUNDRED NINE OF THE TAX  LAW,  for  the  next
 succeeding  fiscal  year.  Such  appropriation  for  payment of revenues
 expected to be received in the succeeding fiscal  year  shall,  notwith-
 standing  section forty of this chapter, take effect on the first day of
 such succeeding fiscal year and lapse on the last  day  of  such  fiscal
 year.  If  for  any  fiscal year commencing on or after the first day of
 April, nineteen hundred ninety-four the governor fails to submit a budg-
 et bill containing the foregoing, or the legislature fails  to  enact  a
 bill  with  such  provisions,  then the authority shall notify the comp-
 troller, the director of the  budget,  the  chairperson  of  the  senate
 finance  committee  and  the  chairperson of the assembly ways and means
 committee of amounts required to be  disbursed  from  the  appropriation
 made  during  the preceding fiscal year for payment in such fiscal year.
 In no event shall the comptroller make any payments from such  appropri-
 ation  prior  to May first of such fiscal year, and unless and until the
 director of the budget, the chairperson of the senate finance  committee
 and  the  chairperson of the assembly ways and means committee have been
 notified of the required payments and the timing of such payments to  be
 made  from the dedicated mass transportation trust fund to the metropol-
 S. 3009--C                         157                        A. 3009--C
 
 itan transportation authority dedicated tax fund  at  least  forty-eight
 hours  prior  to any such payments. Until such time as payments pursuant
 to such appropriation are made in full, revenues in the  dedicated  mass
 transportation  trust  fund  shall  not be paid over to any person other
 than the metropolitan transportation authority.   Nothing  contained  in
 this  subdivision  shall be deemed to restrict the right of the state to
 amend, repeal, modify or otherwise alter statutes imposing  or  relating
 to  the taxes imposed pursuant to section three hundred one-j of the tax
 law, THE TAXES IMPOSED PURSUANT TO PARAGRAPH TWO OF SUBDIVISION  (D)  OF
 SECTION ELEVEN HUNDRED NINE OF THE TAX LAW, or the appropriations relat-
 ing thereto. The metropolitan transportation authority shall not include
 within  any  resolution, contract or agreement with holders of the bonds
 or notes issued under section twelve hundred sixty-nine  of  the  public
 authorities  law any provision which provides that a default occurs as a
 result of the state exercising its right to  amend,  repeal,  modify  or
 otherwise alter such taxes or appropriations.
   § 9. Subdivision 2 of section 1270-c of the public authorities law, as
 added by chapter 56 of the laws of 1993, is amended to read as follows:
   2.  There shall be deposited, pursuant to appropriation, into the fund
 the moneys deposited in the dedicated mass transportation trust fund for
 payment to the metropolitan transportation authority dedicated tax  fund
 pursuant  to  the provisions of subdivision (d) of section three hundred
 one-j of the tax law, PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ELEVEN
 HUNDRED NINE OF THE TAX LAW, and  any  other  moneys  collected  for  or
 transferred to such fund pursuant to section eighty-eight-a of the state
 finance  law  and any other provision of law directing or permitting the
 deposit of moneys in such fund.
   § 10. Subdivision 3 of section 1270-c of the public  authorities  law,
 as amended by section 30 of part O of chapter 61 of the laws of 2000, is
 amended to read as follows:
   3.  Moneys  in  the fund may be (a) pledged by the authority to secure
 and be applied to the payment of its bonds, notes or  other  obligations
 specified  by  the  authority and issued to finance (i) transit projects
 undertaken for the New York city transit authority and its  subsidiaries
 and  (ii) transportation facilities undertaken for the authority and its
 subsidiaries and (b) used for payment of operating  costs,  and  capital
 costs, including debt service, reserve requirements, if any, the payment
 of amounts required under bond and note facilities or agreements related
 thereto,  the  payment  of  federal government loans, security or credit
 arrangements or other agreements related thereto, and the payment of all
 costs related to such obligations, of or for the authority, the New York
 city transit authority and their subsidiaries  as  the  authority  shall
 determine.  To  the  extent  moneys in the fund have been pledged by the
 authority to secure and pay its bonds, notes  or  other  obligations  as
 herein provided, moneys deposited into the fund shall first be deposited
 into  the pledged amounts account to the extent necessary to satisfy the
 requirements of any debt service or reserve requirements, if any, of the
 resolution authorizing such bonds, notes  or  other  obligations.  After
 satisfaction of such requirements of the resolution, or if the authority
 has  not so pledged the moneys in the fund, moneys deposited in the fund
 shall be directly deposited into the operating and capital costs account
 and, subject to the provisions of any resolutions of the  authority  not
 secured  by the pledged amounts account, transferred forthwith to or for
 the benefit of the New York city transit authority and its  subsidiaries
 and  the  Staten Island rapid transit operating authority (the "TA") and
 to and for the benefit of the Long Island  Rail  Road  company  and  the
 S. 3009--C                         158                        A. 3009--C
 
 Metro-North  commuter  rail road company (the "CRR") as provided in this
 section.
   Moneys in the operating and capital costs account which were deposited
 in the fund pursuant to appropriation from moneys deposited in the dedi-
 cated  mass  transportation  trust  fund for payment to the metropolitan
 transportation authority dedicated tax fund pursuant to subdivision  (d)
 of section three hundred one-j of the tax law OR PARAGRAPH TWO OF SUBDI-
 VISION (D) OF SECTION ELEVEN HUNDRED NINE OF THE TAX LAW (the "remaining
 PBT amount") shall be distributed by the authority as follows: an amount
 equal  to the debt service incurred in such calendar year as a result of
 obligations issued and secured by moneys in the fund, to the extent such
 debt service is to be paid from money deposited in the fund pursuant  to
 appropriation from moneys deposited in the dedicated mass transportation
 trust  fund  for  payment  to  the metropolitan transportation authority
 dedicated tax fund pursuant to subdivision (d) of section three  hundred
 one-j  of  the  tax  law  OR PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION
 ELEVEN HUNDRED NINE OF THE TAX LAW ("PBT debt service"), shall be  added
 to  the  remaining  PBT  amount.  The sum of these figures shall then be
 allocated as follows: eighty-five per centum of such sum shall be  allo-
 cated to the TA and fifteen per centum of such sum shall be allocated to
 the  CRR. The amounts so allocated shall then be reduced respectively by
 the proportional amount of PBT debt service attributable to the payments
 for transit projects undertaken for the TA and  transportation  facility
 projects  undertaken for the CRR. The remaining amounts shall constitute
 the respective distributable shares of  the  remaining  PBT  amount  and
 shall be distributed to or for the benefit of the TA and the CRR.
   Moneys in the operating and capital costs account which were deposited
 in  the fund pursuant to section eighty-eight-a of the state finance law
 (the "remaining MMTOA amount") shall be distributed by the authority  as
 follows:  an  amount equal to the debt service incurred in such calendar
 year as a result of obligations issued and secured by money in the fund,
 to the extent such debt service is to be paid from  money  deposited  in
 the  fund  pursuant  to  section eighty-eight-a of the state finance law
 ("MMTOA debt service"), shall be added to the  remaining  MMTOA  amount.
 The sum of these figures shall then be allocated as follows: there shall
 be  allocated  (i)  to the TA an amount of such sum which bears the same
 proportion to such sum as the amount appropriated and paid  during  such
 calendar  year  from  the  metropolitan  mass  transportation  operating
 assistance account to the authority for the operating expenses of the TA
 bears to the total amounts so appropriated and paid from such  operating
 assistance  account during such calendar year to the TA and CRR combined
 and (ii) to the CRR an amount of such sum which bears the  same  propor-
 tion  to such sum as the amount appropriated and paid during such calen-
 dar year from the metropolitan mass transportation operating  assistance
 account  to  the CRR bears to the total amounts so appropriated and paid
 from such operating assistance account during such calendar year to  the
 TA  and  CRR  combined.  The  amounts so allocated shall then be reduced
 respectively by the proportional amount of MMTOA debt service  attribut-
 able  to  the  payments  for  transit projects undertaken for the TA and
 transportation facility projects undertaken for the CRR.  The  remaining
 amounts  shall  constitute  the  respective  distributable shares of the
 remaining MMTOA amount and shall be distributed to or for the benefit of
 the TA and the CRR. In no event shall the authority utilize any  measure
 or  calculation for determining such distributable shares other than the
 formula prescribed herein nor shall the authority take any action  which
 S. 3009--C                         159                        A. 3009--C
 
 would  result in the use of such money which is different from or incon-
 sistent with the use prescribed in this section.
   To  the  extent that amounts described in the preceding two paragraphs
 are distributed more frequently than annually,  each  such  distribution
 shall  be  made  as  nearly as may be practicable in accordance with the
 allocations described above to the TA and the CRR.  Within  thirty  days
 after  the end of each calendar year, the authority shall certify to the
 director of the budget, the chairperson of the senate finance  committee
 and the chairperson of the assembly ways and means committee, the amount
 of  money  deposited  in  the fund pursuant to appropriation from moneys
 deposited in the dedicated mass transportation trust fund for payment to
 the metropolitan transportation authority dedicated tax fund pursuant to
 subdivision (d) of section three hundred one-j of the tax law, PARAGRAPH
 TWO OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED NINE OF  THE  TAX  LAW,
 and  section  eighty-eight-a  of  the  state  finance  law,  the amounts
 expended from the pledged amounts account for the benefit of the TA  and
 the  CRR,  and the amounts of the remaining PBT amount and the remaining
 MMTOA amount distributed during the prior calendar year to  the  TA  and
 the  CRR and specifying in each case the appropriation or appropriations
 which was the source of such amounts.
   § 11. Subdivision 4 of section 1270-c of the public  authorities  law,
 as  added  by  chapter  56  of  the  laws of 1993, is amended to read as
 follows:
   4. Any money deposited in the fund shall be held in the fund free  and
 clear  of  any  claim by any person arising out of or in connection with
 article thirteen-A AND ARTICLE TWENTY-EIGHT  of  the  tax  law.  Without
 limiting the generality of the foregoing and without limiting the rights
 and  duties  of  the  commissioner of taxation and finance under article
 thirteen-A of the tax law, no petroleum business, as defined in  section
 three  hundred of the tax law, or any other person, including the state,
 shall have any right or claim against the authority, any  of  its  bond-
 holders, the TA or the CRR to any moneys in or distributed from the fund
 or in respect of a refund, rebate, credit or reimbursement of taxes paid
 under article thirteen-A AND ARTICLE TWENTY-EIGHT of the tax law.
   § 12. This act shall take effect April 1, 2026.
 
                                  PART XX
 
   Section  1.  Subdivision  12 of section 1269 of the public authorities
 law, as amended by section 1 of part I of chapter  58  of  the  laws  of
 2020, is amended to read as follows:
   12.  The  aggregate  principal  amount  of bonds, notes or other obli-
 gations issued after the first day of January, nineteen hundred  ninety-
 three  by  the authority, the Triborough bridge and tunnel authority and
 the New York city transit authority to fund projects contained in  capi-
 tal  program  plans  approved  pursuant to section twelve hundred sixty-
 nine-b of this title for the period nineteen hundred ninety-two  through
 two  thousand  [twenty-four]  TWENTY-NINE  shall not exceed [ninety] ONE
 HUNDRED FIFTEEN billion [one] FIVE hundred million dollars. Such  aggre-
 gate  principal  amount  of  bonds,  notes  or  other obligations or the
 expenditure thereof shall not be subject to any limitation contained  in
 any  other  provision  of law on the principal amount of bonds, notes or
 other obligations or the expenditure thereof applicable to the  authori-
 ty,  the  Triborough  bridge  and  tunnel authority or the New York city
 transit authority. The aggregate limitation established by this subdivi-
 sion shall not include (i)  obligations  issued  to  refund,  redeem  or
 S. 3009--C                         160                        A. 3009--C
 
 otherwise  repay,  including by purchase or tender, obligations thereto-
 fore issued either by the issuer of such refunding obligations or by the
 authority, the New York city transit authority or the Triborough  bridge
 and  tunnel  authority, (ii) obligations issued to fund any debt service
 or other reserve funds for such obligations, (iii) obligations issued or
 incurred to fund the costs of issuance, the payment of amounts  required
 under  bond  and  note  facilities, federal or other governmental loans,
 security or credit arrangements or other agreements related thereto  and
 the  payment  of  other  financing,  original issue premiums and related
 costs associated with such obligations, (iv)  an  amount  equal  to  any
 original issue discount from the principal amount of such obligations or
 to  fund  capitalized  interest,  (v)  obligations  incurred pursuant to
 section  twelve  hundred  seven-m  of  this  article,  (vi)  obligations
 incurred  to fund the acquisition of certain buses for the New York city
 transit authority as identified  in  a  capital  program  plan  approved
 pursuant  to chapter fifty-three of the laws of nineteen hundred ninety-
 two, (vii) obligations incurred in connection with the leasing,  selling
 or  transferring  of  equipment,  and  (viii) bond anticipation notes or
 other obligations payable solely from the proceeds of other bonds, notes
 or other obligations which would be included in the aggregate  principal
 amount  specified  in the first sentence of this subdivision, whether or
 not additionally secured by revenues of the authority,  or  any  of  its
 subsidiary  corporations, New York city transit authority, or any of its
 subsidiary corporations, or Triborough bridge and tunnel authority.
   § 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 XX of this act shall be
 as specifically set forth in the last section of such Parts.