[ ] is old law to be omitted.
LBD12573-04-5
S. 3008--B 2
public authorities law, in relation to acquisitions or transfers of
property for certain transit projects; and to amend part VVV of chap-
ter 58 of the laws of 2020 amending the public authorities law relat-
ing to acquisitions or transfers of property for transit projects, in
relation to the effectiveness thereof (Part K); intentionally omitted
(Part L); to amend the state finance law, in relation to providing
funding for the metropolitan transportation authority 2025-2029 capi-
tal program (Part M); intentionally omitted (Part N); to amend the
vehicle and traffic law, in relation to bus operation-related traffic
regulations (Part O); intentionally omitted (Part P); to amend the
vehicle and traffic law and the public officers law, in relation to
the speed violation photo monitoring systems program in work zones
including authorizing a photo monitoring program for the Triborough
bridge and tunnel authority and New York state bridge authority; to
amend the state finance law, in relation to establishing a work zone
speed camera administration fund; to amend chapter 421 of the laws of
2021 amending the vehicle and traffic law and the general municipal
law relating to certain notices of liability, in relation to making
such provisions permanent; and providing for the repeal of certain
provisions upon expiration thereof (Part Q); to amend the penal law
and the vehicle and traffic law, in relation to expanding enhanced
assault protection for motor vehicle license examiners, motor vehicle
representatives, highway workers, motor carrier investigators, motor
carrier inspectors, operators of passenger commuter ferries, and
triborough bridge and tunnel authority workers (Part R); to amend
chapter 495 of the laws of 2004, amending the insurance law and the
public health law relating to the New York state health insurance
continuation assistance demonstration project, in relation to the
effectiveness thereof (Part S); to amend the public authorities law,
in relation to authorizing the Olympic regional development authority
to enter into agreements for membership of one or more of its ski
venues in reciprocal ski pass programs where such members are required
to guarantee contractual indemnity up to a capped amount (Part T); to
amend the general business law, in relation to artificial intelligence
companion models (Part U); intentionally omitted (Part V); to amend
the general business law, in relation to automatic renewals (Part W);
to amend the general business law, in relation to requiring disclosure
of algorithmically set prices and prohibiting certain online retailers
from altering prices during a day due to dynamic pricing (Part X); to
amend the banking law, in relation to the regulation of buy-now-pay-
later lenders (Part Y); to amend the insurance law, in relation to
disclosure of pharmacy benefit manager rebate contracts (Part Z);
intentionally omitted (Part AA); intentionally omitted (Part BB);
intentionally omitted (Part CC); intentionally omitted (Part DD); to
amend the New York state urban development corporation act, in
relation to extending the authority of the New York state urban devel-
opment corporation to administer the empire state economic development
fund (Part EE); to amend chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the
powers of the New York state urban development corporation to make
loans, in relation to extending loan powers (Part FF); to amend part
BB of chapter 58 of the laws of 2012, amending the public authorities
law, relating to authorizing the dormitory authority to enter into
certain design and construction management agreements, in relation to
the effectiveness thereof (Part GG); intentionally omitted (Part HH);
intentionally omitted (Part II); intentionally omitted (Part JJ); to
S. 3008--B 3
amend chapter 261 of the laws of 1988, amending the state finance law
and other laws relating to the New York state infrastructure trust
fund, in relation to the effectiveness thereof (Part KK); to amend the
state finance law, in relation to the excelsior linked deposit program
(Part LL); to amend the state finance law and the public authorities
law, in relation to purchasing thresholds (Part MM); intentionally
omitted (Part NN); to amend the agriculture and markets law, in
relation to farmland protection (Part OO); to amend the environmental
conservation law, in relation to extending the waste tire management
fee for two years and removing the exclusion for mail order sales
(Part PP); to amend chapter 55 of the laws of 2021 amending the envi-
ronmental conservation law relating to establishing a deer hunting
pilot program, in relation to making such provisions permanent (Part
QQ); to amend the environmental conservation law, the state finance
law and the public authorities law, in relation to the inactive
hazardous waste disposal site program (Part RR); to amend the general
business law, in relation to requiring the recall of any sold or
distributed firefighting personal protective equipment containing
intentionally added PFAS (Part SS); to amend the environmental conser-
vation law, the parks, recreation and historic preservation law and
the executive law, in relation to authorizing the attorney general to
approve certain titles for conservation purposes (Subpart A); and to
amend the tax law, in relation to exemptions for any not-for-profit
tax exempt corporation operated for conservation, environmental, parks
or historic preservation purposes (Subpart B) (Part TT); to amend the
environmental conservation law, in relation to extending certain
provisions relating to the department of environmental conservation's
regulation of crabs, and to prohibiting the taking of horseshoe crabs
for commercial and biomedical purposes (Part UU); in relation to
authorizing the New York state energy research and development author-
ity to finance a portion of its research, development and demon-
stration, policy and planning, and Fuel NY program, as well as climate
change related expenses of the department of environmental conserva-
tion, and to supplement EmPower Plus Program, from an assessment on
gas and electric corporations (Part VV); to amend abandoned property
law, in relation to ensuring ESCOs are subject to the same consumer
protection regulations regarding unclaimed deposits and refunds
currently facing utility companies (Part WW); to authorize utility and
cable television assessments that provide funds to the department of
health from cable television assessment revenues and to the department
of agriculture and markets, department of state, the office of parks,
recreation and historic preservation, and the department of environ-
mental conservation from utility assessment revenues; to amend the
public service law, in relation to prohibiting rate increases to
recover certain operating expenses; and providing for the repeal of
certain provisions upon expiration thereof (Part XX); to amend the
general business law, in relation to increasing and redirecting civil
penalties for failing to comply with the department of public
service's prescribed rules and regulations established for the
protection of underground facilities (Part YY); to amend the tax law,
in relation to authorizing the department of taxation and finance to
disclose certain information to the department of environmental
conservation or the New York state energy research and development
authority for the purpose of implementing the New York state climate
leadership and community protection act (Part ZZ); to amend the vehi-
cle and traffic law, in relation to establishing and providing
S. 3008--B 4
distinctive license plates for gold star families (Part AAA); and
establishing a commission to ensure the replacement of the statue of
Robert R. Livingston in the National Statuary Hall of the United
States Capitol with a statue of Harriet Tubman (Part BBB); to amend
the general business law, the agriculture and markets law, and the
public health law, in relation to food and food product advertising
(Part CCC); to amend the agriculture and markets law, in relation to
establishing the sanitary retail food store grant program (Part DDD);
to amend the public service law, the public authorities law, the
transportation corporations law and the labor law, in relation to
enacting the NY Home Energy Affordable Transition Act; to repeal
section 66-b of the public service law relating to continuation of gas
service; and to repeal section 66-g of the public service law relating
to the sale of indigenous natural gas for generation of electricity
(Part EEE); to amend the executive law, in relation to enacting the
climate resilient New York act of 2025 (Part FFF); to amend the envi-
ronmental conservation law, in relation to the availability of techni-
cal assistance grants in brownfield site remedial programs(Part GGG);
to amend the environmental conservation law and the state finance law,
in relation to the disposition of certain fees and penalties (Part
HHH); to amend the environmental conservation law and the state
finance law, in relation to enacting the "harmful algal bloom monitor-
ing and prevention act" (Part III); to amend the environmental
conservation law, in relation to directing the department of environ-
mental conservation to establish a perfluoroalkyl and polyfluoroalkyl
substances removal treatment installation grant program and a perfluo-
roakyl and polyfluoroalkyl substances removal treatment maintenance
rebate program (Part JJJ); to amend the environmental conservation
law, in relation to climate corporate data accountability; and to
amend the state finance law, in relation to establishing the climate
accountability and emissions disclosure fund (Part KKK); to amend the
environmental conservation law, in relation to establishing the safe
water infrastructure action program (Part LLL); to amend the public
service law, in relation to utility intervenor reimbursement; and to
amend the state finance law, in relation to establishing the utility
intervenor account (Part MMM); to amend the environmental conservation
law, in relation to a smart irrigation device rebate pilot program in
Nassau and Suffolk counties; and providing for the repeal of such
provisions upon the expiration thereof (Part NNN); to amend the envi-
ronmental conservation law, in relation to environmental restoration
projects; and to repeal certain provisions of such law relating there-
to (Part OOO); to amend the public authorities law, in relation to
establishing the zero-emission vehicles rebate program; and providing
for the repeal of such provisions upon expiration thereof (Part PPP);
to amend the public authorities law, in relation to establishing a
floating solar incentive and education program (Part QQQ); to amend
the public service law and the public authorities law, in relation to
advancing grid enhancement technologies (Part RRR); to amend the exec-
utive law, in relation to reciprocal minority and women-owned business
enterprise certification (Part SSS); to amend the public service law,
in relation to requiring certain utilities to adopt the common equity
ratio and rate of return on equity authorized by the public service
commission (Part TTT); to amend the insurance law, in relation to
requiring coverage of asthma inhalers at no cost (Part UUU); to amend
the public authorities law and the general municipal law, in relation
to the procurement of electric-powered buses, vehicles or other
S. 3008--B 5
related equipment (Part VVV); establishing a New York state public
bank commission to study the benefits of a public bank or network of
public banks owned by the state of New York or by a public authority
constituted by the state of New York; making an appropriation there-
for; and providing for the repeal of such provisions upon expiration
thereof (Part WWW); to repeal subdivision 6 of section 51 of the
public authorities law, relating to voting by members of the New York
state authorities control board (Part XXX); directing empire state
development, in conjunction with the office of general services, to
create plans for the development of mixed-use commercial and residen-
tial property on a certain portion of the Harriman campus, and for
redesign of the Harriman campus (Part YYY); to amend the insurance
law, in relation to establishing a captive insurance program for
commuter vans, black cars, ambulettes and paratransit vehicles, and
small school buses (Part ZZZ); to amend the public authorities law, in
relation to directing the Metropolitan Transportation Authority to
expand the Fair Fares NYC program to include travel on the Long Island
Rail Road or Metro-North Railroad within the city of New York (Subpart
A); to amend the public authorities law, in relation to directing
the Long Island Rail Road, Metro-North Railroad and New York city
transit authority to offer a monthly optional discounted ticket
(Subpart B); and to amend the public authorities law, in relation to
directing the Long Island Rail Road and Metro-North Railroad to devel-
op a lower cost, intra-city combination ticket for certain individuals
during peak and non-peak hours (Subpart C)(Part AAAA); to amend the
public authorities law, in relation to enacting the "Make Transit
Affordable Act" (Part BBBB); to amend subpart A of part TT of chapter
58 of the laws of 2024, amending the economic development law and the
urban development corporation act relating to establishing the New
York state empire artificial intelligence research program and the
empire AI consortium, and relating to the plan of operation and finan-
cial oversight of the empire AI consortium, in relation to making
permanent certain provisions thereof; and to amend the economic devel-
opment law, in relation to the empire AI research institute at the
university of Buffalo (Part CCCC); to amend the environmental conser-
vation law, in relation to returnable bottles; to direct the multi-a-
gency bottle bill fraud investigation team to submit a report on find-
ings of pervasive bottle redemption fraud in New York state; and to
repeal section 27-1018 of such law relating to the beverage container
assistance program (Part DDDD); to amend the highway law and the
public authorities law, in relation to installing zero-emission charg-
ing and refueling station signs on New York state highways (Part
EEEE); to amend the vehicle and traffic law and the insurance law, in
relation to instruction concerning traffic stops (Part FFFF); enacting
the "just energy transition act" (Part GGGG); and to amend the execu-
tive law, in relation to enacting the "accountability for development
assistance act" (Part HHHH)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state transportation, economic development
and environmental conservation budget for the 2025-2026 state fiscal
year. Each component is wholly contained within a Part identified as
S. 3008--B 6
Parts A through HHHH. 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. Paragraph (a) of subdivision 4 of section 534-n of the
executive law, as added by section 2 of part L of chapter 58 of the laws
of 2024, is amended to read as follows:
(a) The commission may temporarily suspend a permit, license or regis-
tration pursuant to the provisions of this subdivision until further
order of the commission or final disposition of the underlying case,
[only] where the permittee, licensee or registrant has been indicted
for, or otherwise charged with, a crime which is equivalent to a felony
in the state of New York or any crime punishable by death or imprison-
ment for a term exceeding three hundred sixty-four days or [only] where
the permittee or licensee is a security officer who is charged by the
commission pursuant to this section with misappropriating any other
person's property at or on a pier or other waterfront terminal.
§ 2. Subdivisions 6 and 7 of section 534-u of the executive law, as
added by section 2 of part L of chapter 58 of the laws of 2024, are
amended to read as follows:
6. Association with a person who has been identified by a federal,
state, or local law enforcement agency as a member or associate of an
organized crime group, a terrorist group, or a career offender cartel,
or who is a career offender, under circumstances where such association
creates a reasonable belief that the participation of the [applicant]
LICENSEE OR REGISTRANT in any activity required to be licensed under
this act would be inimical to the policies of this article, provided
however that association without the requisite showing of inimicality as
set forth herein shall be insufficient grounds for revocation; or
7. Conviction of a racketeering activity or knowing association with a
person who has been convicted of a racketeering activity by a court of
the United States or any state or territory thereof under circumstances
where such association creates a reasonable belief that the partic-
ipation of the [applicant] LICENSEE OR REGISTRANT in any activity
required to be licensed under this act would be inimical to the policies
of this article, provided, however, that association without the requi-
site showing of inimicality as set forth herein shall be insufficient
grounds for revocation.
§ 3. This act shall take effect immediately.
PART B
Section 1. Section 1 of part I of chapter 413 of the laws of 1999
relating to providing for mass transportation payments, as amended by
section 1 of part E of chapter 58 of the laws of 2024, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
S. 3008--B 7
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... 54.05
Rensselaer ................... 22.45
Saratoga ..................... 3.95
Schenectady .................. 15.90
Montgomery ................... 1.44
Warren ....................... 2.21
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... [5.11] 5.05
Onondaga ..................... [75.83] 74.94
Oswego ....................... [2.85] 2.82
Oneida ....................... [16.21] 16.02
CORTLAND..................... 1.17
In the Rochester-Genesee Re-
gional Transportation Dis-
trict:
Genesee ...................... 1.36
Livingston ................... .90
Monroe ....................... 90.14
S. 3008--B 8
Wayne ........................ .98
Wyoming ...................... .51
Seneca ....................... .64
Orleans ...................... .77
Ontario ...................... 4.69
In the Niagara Frontier Trans-
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
S. 3008--B 9
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
S. 3008--B 10
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART C
Section 1. Section 6 of chapter 368 of the laws of 2019 amending the
vehicle and traffic law and state finance law relating to establishing a
pre-licensing course internet program, is amended to read as follows:
§ 6. This act shall take effect June 30, 2020 and shall expire and be
deemed repealed June 30, [2025] 2030; provided, however, that the amend-
ments to paragraph (a) of subdivision 3 of section 89-b of the state
finance law made by section four of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 13 of
part U1 of chapter 62 of the laws of 2003, as amended, when upon such
date the provisions of section five of this act shall take effect.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
§ 1-a. Section 399-s of the vehicle and traffic law, as amended by
section 3 of part ZZ of chapter 58 of the laws of 2020, is amended to
read as follows:
§ 399-s. Pilot program scope and duration. The commissioner shall
conduct a pilot program designed to evaluate utilizing the internet for
delivering an approved pre-licensing course required by subparagraph (i)
of paragraph (a) of subdivision four of section five hundred two of this
chapter, by permitting qualified applicants to participate in the pilot
program from June thirtieth, two thousand twenty to June thirtieth, two
thousand twenty-five. Provided that applicants [for class DJ and class
MJ licenses] UNDER THE AGE OF TWENTY-ONE shall not be eligible to
participate in such pilot program.
§ 1-b. Section 399-t of the vehicle and traffic law, as added by chap-
ter 368 of the laws of 2019, is amended to read as follows:
§ 399-t. Report by commissioner. No later than June first, two thou-
sand twenty-five, AND EVERY FIVE YEARS THEREAFTER, the commissioner
shall report to the governor, the temporary president of the senate and
the speaker of the assembly on the pre-licensing course internet pilot
program and its results. Such report shall include recommendations as to
the future use of the internet as an effective way, in addition to
classroom presentation, to deliver to the public approved pre-licensing
courses, and qualifications for participants in such approved internet
delivered programs.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to sections 399-s and 399-t of the vehicle and traffic
law made by sections one-a and one-b of this act shall not affect the
repeal of such sections and shall be deemed repealed therewith.
PART D
S. 3008--B 11
Section 1. Paragraph (a) of subdivision 1 of section 1224 of the vehi-
cle and traffic law, as amended by chapter 795 of the laws of 1974, is
amended to read as follows:
(a) with no number plates affixed thereto, for more than [six] THREE
hours on any highway or other public place;
§ 2. Subdivision 2 of section 1224 of the vehicle and traffic law, as
amended by chapter 540 of the laws of 2002, is amended to read as
follows:
2. If an abandoned vehicle, at the time of abandonment, has no number
plates affixed and is of a wholesale value, taking into consideration
the condition of the vehicle, of [one thousand two hundred fifty] THREE
THOUSAND FIVE HUNDRED dollars or less, ownership shall immediately vest
in the local authority having jurisdiction thereof and title to the
vehicle shall vest in accordance with applicable law and regulations of
the commissioner, provided however that a local authority shall not be
required to obtain title to an abandoned vehicle that is subject to the
provisions of this subdivision if the vehicle will be sold or otherwise
disposed of as junk or salvage, dismantled for use other than as a motor
vehicle, or otherwise destroyed.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART E
Intentionally Omitted
PART F
Intentionally Omitted
PART G
Section 1. Paragraph b of subdivision 16 of section 415 of the vehicle
and traffic law, as amended by chapter 7 of the laws of 2000, is amended
to read as follows:
b. Except as provided in paragraph c of this subdivision, any person
who operates as a dealer without being registered shall be required to
pay to the people of this state a civil penalty in the sum of [one] TWO
thousand dollars. However, any such person against whom such penalty has
been assessed may avoid all but [five] SEVEN hundred FIFTY dollars of
such penalty by obtaining a registration as required by this article,
provided that application for such registration is made not more than
ten days after the imposition of such penalty.
§ 2. The vehicle and traffic law is amended by adding a new section
2267-a to read as follows:
§ 2267-A. DEALERS AND MANUFACTURERS OF LIMITED USE MOTORCYCLES. 1. NO
PERSON SHALL ENGAGE IN THE BUSINESS OF SELLING LIMITED USE MOTORCYCLES,
AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THIS CHAPTER, UNLESS
THERE SHALL HAVE BEEN ISSUED TO THEM A DEALER REGISTRATION IN ACCORDANCE
WITH SECTION FOUR HUNDRED FIFTEEN OF THIS CHAPTER. THE COMMISSIONER MAY,
BY REGULATION, PROVIDE FOR IDENTIFICATION OF DEALERS AS BEING DEALERS IN
LIMITED USE MOTORCYCLES, AND SHALL MAKE PROVISIONS FOR THE ISSUANCE OF
APPROPRIATE DEALER DEMONSTRATOR NUMBER PLATES TO SUCH DEALERS.
S. 3008--B 12
2. NO DEALER SHALL ACQUIRE ANY LIMITED USE MOTORCYCLE FOR THE PURPOSE
OF RESALE FOR USE ON THE PUBLIC HIGHWAYS WITHIN THIS STATE UNLESS SUCH
LIMITED USE MOTORCYCLE HAS A VEHICLE IDENTIFICATION NUMBER IN A FORM AND
MANNER ACCEPTABLE TO THE COMMISSIONER PERMANENTLY AFFIXED TO THE FRAME
BY THE MANUFACTURER OR AUTHORIZED AGENT OF THE MANUFACTURER.
3. FEES ASSESSED UNDER THIS SECTION SHALL BE PAID TO THE COMMISSIONER
FOR DEPOSIT TO THE GENERAL FUND WHICH SHALL BE DEPOSITED TO THE DEDI-
CATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW AND THE DEDICATED MASS TRANSPOR-
TATION FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-C OF THE STATE
FINANCE LAW AND DISTRIBUTED ACCORDING TO THE PROVISIONS OF SUBDIVISION
(D) OF SECTION THREE HUNDRED ONE-J OF THE TAX LAW.
4. THE COMMISSIONER MAY PRESCRIBE, BY REGULATION, PROCEDURES TO BE
FOLLOWED BY DEALERS WITH RESPECT TO RECORD KEEPING AND DOCUMENTS
REQUIRED UPON THE SALE OF A LIMITED USE MOTORCYCLE, AND PROCEDURES TO BE
FOLLOWED BY MANUFACTURERS WITH RESPECT TO THE ASSIGNMENT AND AFFIXING OF
VEHICLE IDENTIFICATION NUMBERS.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART H
Intentionally Omitted
PART I
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016
amending the public authorities law and the general municipal law relat-
ing to the New York transit authority and the metropolitan transporta-
tion authority, as amended by section 1 of part A of chapter 58 of the
laws of 2024, is amended to read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, [2025] 2026, and provided further that such repeal shall not
affect the validity or duration of any contract entered into before that
date pursuant to paragraph f of such subdivision.
§ 1-a. Paragraph (c) of subdivision 1 of section 1269-b of the public
authorities law, as added by chapter 637 of the laws of 1996, is amended
and a new subdivision 12 is added to read as follows:
(c) on or before October first, nineteen hundred ninety-nine and every
fifth year thereafter, the authority shall submit to the metropolitan
transportation authority capital program review board two capital
program plans for the five-year period commencing January first of the
following year.
For each of the periods described above, one such plan shall contain
the capital program for the transit facilities operated by the New York
city transit authority and its subsidiaries and for the Staten Island
rapid transit operating authority; the other such plan shall contain the
capital program for the railroad facilities, not including the Staten
Island rapid transit operating authority, under the jurisdiction of the
authority.
S. 3008--B 13
Each plan shall set system-wide goals and objectives for capital
spending, establish standards for service and operations, and describe
each capital element proposed to be initiated in each of the years
covered by the plan and explain how each proposed element supports the
achievement of the service and operational standards established in the
plan. Each plan shall also set forth an estimate of the amount of capi-
tal funding required each year and the expected sources of such funding.
Each plan subsequent to the first such plan and each proposed amendment
or modification thereof shall also describe the current status of each
capital element included in the previously approved plan, if any. Each
plan shall be accompanied or supplemented by such supporting materials
as the metropolitan transportation authority capital program review
board shall require.
A capital element shall mean either a category of expenditure itemized
in a plan, as hereinafter provided, for which a specified maximum dollar
amount is proposed to be expended, or a particularly described capital
project within one or more categories for which no maximum expenditure
is proposed, but for which an estimate of expected cost is provided. A
capital element shall be deemed to have been initiated for purposes of
this section if in connection with such element the authority shall
certify that (i) purchase or construction contracts have been entered
into, obligating in the aggregate an amount exceeding ten percent of the
maximum or estimated cost of the element as set forth in a plan, (ii)
financing specific to the project has been undertaken, or (iii) in a
case where such element is limited to design or engineering, a contract
therefor has been entered into.
EACH PLAN SHALL CONTAIN A SCHEDULE FOR ALL CONSTRUCTION CAPITAL
PROJECTS WITH THE YEAR THE AUTHORITY PLANS TO COMMIT SUCH PROJECTS FOR
CONSTRUCTION.
12. (A) ON THE FIRST OF JANUARY OF EACH YEAR THE AUTHORITY SHALL
PUBLISH A LIST OF CAPITAL PROJECTS IDENTIFIED IN ITS CAPITAL PROGRAM IT
PRIORITIZES FOR THAT YEAR AND FOR WHICH THE AUTHORITY PLANS TO COMMIT
FUNDS OR IMPLEMENT DURING THE YEAR.
(B) ON DECEMBER THIRTY-FIRST OF EACH YEAR THE AUTHORITY SHALL PUBLISH
A LIST OF ALL CAPITAL PROJECTS FOR WHICH THE TOTAL COST EXPENDED OR
EXPECTED HAS INCREASED BY MORE THAN TWENTY PERCENT OF THE ORIGINAL ESTI-
MATED COST WHEN THE ESTIMATED COST OF SUCH CAPITAL PROJECT WAS FIRST
IDENTIFIED IN THE CAPITAL PROGRAM PLAN.
§ 1-b. Subparagraphs (vii) and (viii) of paragraph (d) of subdivision
2-a of section 1269-b of the public authorities law, as added by section
1 of part LLL of chapter 58 of the laws of 2022, are amended and three
new subparagraphs (ix), (x), (xi) and an undesignated paragraph are
added to read as follows:
(vii) budget information including the original budget at the time of
project commitment when scope and budget are defined, all amendments,
the current budget and planned annual allocations; [and]
(viii) a schedule for project delivery including original, amended and
current start and completion dates as projects develop at each phase[.];
(IX) A LISTING OF ALL CONTRACT NUMBERS, VENDORS, AND CONTRACTORS ASSO-
CIATED WITH THE PROJECT;
(X) ALL SOURCES OF FUNDING FOR THE PROJECT; AND
(XI) CODING REGARDING WHETHER THE PROJECT IS RELATED TO ACCESSIBILITY
OR RESILIENCY.
FOR THE PURPOSES OF THIS PARAGRAPH, SOURCES OF FUNDING SHALL BE SPECI-
FIED AS FROM THE STATE OF NEW YORK, THE FEDERAL GOVERNMENT, THE CITY OF
NEW YORK, OR ANY OTHER RELEVANT SOURCE. FUNDING FROM THE STATE OF NEW
S. 3008--B 14
YORK SHALL FURTHER SPECIFY WHETHER IT HAS BEEN OBTAINED FROM THE CENTRAL
BUSINESS DISTRICT TOLLING LOCKBOX AS ESTABLISHED BY SECTION FIVE HUNDRED
FIFTY-THREE-J OF THIS CHAPTER OR ANY SUCCESSOR FUND OR ACCOUNT PROVIDED
BY LAW. ACCESSIBILITY SHALL MEAN PROJECTS REGARDING ELEVATORS, ESCALA-
TORS OR OTHER PROJECTS RELATED TO COMPLIANCE WITH THE FEDERAL AMERICANS
WITH DISABILITIES ACT OF 1990, AS AMENDED, AND CORRESPONDING GUIDELINES.
RESILIENCY SHALL HAVE THE SAME MEANING AS DEFINED BY THE AUTHORITY IN
ITS TWENTY-YEAR NEEDS ASSESSMENT RELEASED IN TWO THOUSAND TWENTY-THREE
AS REQUIRED BY SUBDIVISION C OF SECTION TWELVE HUNDRED SIXTY-NINE-C OF
THIS TITLE.
§ 1-c. Paragraph (a) of subdivision 3 of section 1276-f of the public
authorities law, as amended by section 1 of part A of chapter 39 of the
laws of 2019, is amended to read as follows:
(a) The authority shall publish an annual report presenting the
authority's performance in comparison with [other national] AT LEAST
FIVE OF LARGEST PUBLIC TRANSIT SYSTEMS IN THE COUNTRY and [international
peer agencies] AT LEAST FIVE OF THE LARGEST PUBLIC TRANSIT SYSTEMS IN
THE WORLD OUTSIDE OF THE COUNTRY. This report shall include, but not be
limited to, the following metrics:
(i) total operating cost per car per mile;
(ii) maintenance cost per car per mile;
(iii) passenger journeys per total staff and contractor hours; [and]
(iv) staff hours lost to accidents[.];
(V) COMPARISON OF COST OF INDIVIDUAL CAPITAL PROJECTS COMPLETED DURING
THE YEAR WITH AVERAGE COST OF PROJECTS OF SIMILAR NATURE FOR OTHER TRAN-
SIT SYSTEMS; AND
(VI) COMPARISON OF PER UNIT PROCUREMENT COSTS OF ITEMS OR SERVICES
PROCURED DURING THE YEAR COMPARED TO AVERAGE COST OF SIMILAR ITEMS OR
SERVICES FOR OTHER TRANSIT SYSTEMS.
§ 1-d. Section 1269-c of the public authorities law is amended by
adding a new subdivision d to read as follows:
D. THE AUTHORITY SHALL CREATE AND MAINTAIN ON ITS WEBSITE A DATABASE
OF THE NEEDS IDENTIFIED PURSUANT TO THIS SECTION INCLUDING DETAILED
CONDITION OF EACH CAPITAL ELEMENT AND COST AND TIME NEEDED TO ACHIEVE A
STATE OF GOOD REPAIR. SUCH DATABASE SHALL BE UPDATED AT LEAST BIENNIAL-
LY. FOR EACH CAPITAL ELEMENT THE AUTHORITY SHALL IDENTIFY ITS CONDITION
AS POOR, MARGINAL, ADEQUATE, GOOD, OR EXCELLENT, ALONG WITH A
DESCRIPTION OF THE ELEMENT AND EXPLANATION OF ITS CONDITION.
§ 1-e. No later than ninety days after the effective date of this act,
the metropolitan transportation authority shall publish a planned sched-
ule for any projects included in its capital program plan, or amendments
thereto, approved prior to December 31, 2024, that have not been commit-
ted for construction.
§ 2. This act shall take effect immediately; provided that section
one-a of this act shall take effect on the one hundred eightieth day
after this act shall have become a law.
PART J
Section 1. Section 45 of chapter 929 of the laws of 1986 amending the
tax law and other laws relating to the metropolitan transportation
authority, as amended by section 1 of part G of chapter 58 of the laws
of 2023, is amended to read as follows:
§ 45. This act shall take effect immediately; except that: (a) para-
graph (d) of subdivision 3 of section 1263 of the public authorities
law, as added by section twenty-six of this act, shall be deemed to have
S. 3008--B 15
been in full force and effect on and after August 5, 1986; (b) sections
thirty-three and thirty-four of this act shall not apply to a certified
or recognized public employee organization which represents any public
employees described in subdivision 16 of section 1204 of the public
authorities law and such sections shall expire on July 1, [2025] 2027
and nothing contained within these sections shall be construed to divest
the public employment relations board or any court of competent juris-
diction of the full power or authority to enforce any order made by the
board or such court prior to the effective date of this act; (c) the
provisions of section thirty-five of this act shall expire on March 31,
1987; and (d) provided, however, the commissioner of taxation and
finance shall have the power to enforce the provisions of sections two
through nine of this act beyond December 31, 1990 to enable such commis-
sioner to collect any liabilities incurred prior to January 1, 1991.
§ 2. This act shall take effect immediately.
PART K
Section 1. Paragraph (a) of subdivision 12-a of section 1266 of the
public authorities law, as added by section 2 of part VVV of chapter 58
of the laws of 2020, is amended to read as follows:
(a) Whenever the authority determines in consultation with the city of
New York that it is necessary to obtain the temporary or permanent use,
occupancy, control or possession of vacant or undeveloped or underuti-
lized but replaceable real property, or any interest therein, or subsur-
face real property or any interest therein then owned by the city of New
York for a project in the two thousand fifteen to two thousand nineteen
[or the], two thousand twenty to two thousand twenty-four, OR TWO THOU-
SAND TWENTY-FIVE TO TWO THOUSAND TWENTY-NINE approved capital programs
to (i) install one or more elevators to make one or more subway stations
more accessible, (ii) construct or reconstruct an electrical substation
to increase available power to the subway system to expand passenger
capacity or reliability, or (iii) in connection with the capital project
to construct four commuter railroad passengers stations in the borough
of the Bronx known as Penn Station access, the authority upon approval
by the board of the metropolitan transportation authority and upon suit-
able notice and with the consent of the city of New York may cause the
title to such real property, or any interest therein, to be transferred
to the authority by adding it to the agreement of lease dated June
first, nineteen hundred fifty-three, as amended, renewed and supple-
mented, authorized by section twelve hundred three of this article, or
may itself acquire title to such property from the city of New York, and
any such transfer or acquisition of real property shall be subject to
the provisions of subdivision five of section twelve hundred sixty-six-c
of this title. Nothing in this subdivision shall be deemed to authorize
any temporary or permanent transfer or acquisition of real property, or
interest therein, that is dedicated parkland without separate legisla-
tive approval of such alienation.
§ 2. Section 3 of part VVV of chapter 58 of the laws of 2020 amending
the public authorities law relating to acquisitions or transfers of
property for transit projects is amended to read as follows:
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed [on] December 31, [2025] 2030; provided, however, that
the repeal of this act shall not affect any transfer or acquisition
pursuant to all of the terms of section two of this act that has been
S. 3008--B 16
approved by the board of the metropolitan transportation authority
before such repeal date.
§ 3. This act shall take effect immediately; provided however that the
amendments to paragraph (a) of subdivision 12-a of section 1266 of the
public authorities law made by section one of this act shall not affect
the repeal of such subdivision and shall be deemed repealed therewith.
PART L
Intentionally Omitted
PART M
Section 1. This act commits the state of New York and the city of New
York ("city") to fund, over a multi-year period, $6,000,000,000 in capi-
tal costs related to projects contained in the Metropolitan Transporta-
tion Authority ("MTA") 2025-2029 capital program ("capital program").
The state share of $3,000,000,000 and the city share of $3,000,000,000
shall be provided to pay the capital costs of the capital program. The
funds committed by the state and city shall be provided concurrently,
and in proportion to the respective shares of each, in accordance with
the funding needs of the capital program.
§ 2. (a) No funds dedicated for operating assistance of the MTA shall
be used to reduce or supplant the commitment of the state or city to
provide $6,000,000,000 pursuant to section one of this act.
(b) The city and state's share of funds provided concurrently pursuant
to section one of this act shall be scheduled and paid to the MTA on a
schedule to be determined by the state director of the budget. In order
to determine the adequacy and pace of the level of state and city fund-
ing in support of the MTA's capital program, and to gauge the availabil-
ity of MTA capital resources planned for the capital program, the direc-
tor of the budget and the city may request, and the MTA shall provide,
periodic reports on the MTA's capital programs and financial activities.
The city shall certify to the state comptroller and the New York state
director of the budget, no later than seven days after making each
payment pursuant to this section, the amount of the payments and the
date upon which such payments were made.
§ 3. (a) Notwithstanding any provision of law to the contrary, in the
event the city fails to certify to the state comptroller and the New
York state director of the budget that the city has paid in full any
concurrent payment required by section two of this act, the New York
state director of the budget shall direct the state comptroller to
transfer, collect, or deposit funds in accordance with subdivision (b)
of this section in an amount equal to the unpaid balance of any payment
required by section two of this act, provided that any such deposits
shall be counted against the city share of the Metropolitan Transporta-
tion Authority (MTA) 2025-2029 capital program (capital program) pursu-
ant to section one of this act. Such direction shall be pursuant to a
written plan or plans filed with the state comptroller, the chairperson
of the senate finance committee and the chairperson of the assembly ways
and means committee.
(b) Notwithstanding any provision of law to the contrary and as set
forth in a plan or plans submitted by the New York state director of the
budget pursuant to subdivision (a) of this section, the state comp-
troller is hereby directed and authorized to: (i) transfer funds author-
S. 3008--B 17
ized by any undisbursed general fund aid to localities appropriations or
state special revenue fund aid to localities appropriations, excluding
debt service, fiduciary, and federal fund appropriations, to the city to
the Metropolitan Transportation Authority capital assistance fund estab-
lished by section 92-ii of the state finance law in accordance with such
plan; and/or (ii) collect and deposit into the Metropolitan Transporta-
tion Authority capital assistance fund established by section 92-ii of
the state finance law funds from any other revenue source of the city,
including the sales and use tax, in accordance with such plan. The state
comptroller is hereby authorized and directed to make such transfers,
collections and deposits as soon as practicable but not more than 3 days
following the transmittal of such plan to the comptroller in accordance
with subdivision (a) of this section.
(c) Notwithstanding any provision of law to the contrary, the state's
obligation and/or liability to fund any program included in general fund
aid to localities appropriations or state special revenue fund aid to
localities appropriations from which funds are transferred pursuant to
subdivision (b) of this section shall be reduced in an amount equal to
such transfer or transfers.
§ 4. Subdivisions 2 and 3 of section 92-ii of the state finance law,
as added by section 4 of part UUU of chapter 58 of the laws of 2020, are
amended to read as follows:
2. Such fund shall consist of any monies directed thereto pursuant to
the provisions of section three of [the] part UUU of [the] chapter
FIFTY-EIGHT of the laws of two thousand twenty [which added this
section] AND TO THE PROVISIONS OF SECTION THREE OF THE PART OF THE CHAP-
TER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE WHICH AMENDED THIS SUBDIVI-
SION.
3. All monies deposited into the fund pursuant to [the] part UUU of
[the] chapter FIFTY-EIGHT of the laws of two thousand twenty [which
added this section] AND THE PART OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND TWENTY-FIVE WHICH AMENDED THIS SUBDIVISION shall be paid to the
metropolitan transportation authority by the comptroller, without appro-
priation, for use in the same manner as the payments required by section
two of such part, as soon as practicable but not more than five days
from the date the comptroller determines that the full amount of the
unpaid balance of any payment required by section three of PART UUU OF
CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND TWENTY AND BY SECTION
THREE OF such part OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-
FIVE WHICH AMENDED THIS SUBDIVISION has been deposited into the fund.
§ 5. This act shall take effect immediately.
PART N
Intentionally Omitted
PART O
Section 1. Paragraph 3 of subdivision (d) of section 1111-c-1 of the
vehicle and traffic law, as added by section 1 of part MM of chapter 56
of the laws of 2023, is amended to read as follows:
3. "bus operation-related traffic regulations" shall mean the follow-
ing provisions set forth in chapter four of title thirty-four of the
rules of the city of New York, adopted pursuant to section sixteen
hundred forty-two of this chapter: 4-08(c)(3), violation of posted no
S. 3008--B 18
standing rules prohibited-bus stop; 4-08(e)(9), general no stopping
zones-bicycle lanes; 4-08(f)(1), general no standing zones-double park-
ing; [and] 4-08(f)(4), general no standing zones-bus lane; 4-08(E)(12),
OBSTRUCTING TRAFFIC AT INTERSECTION; AND SECTION ELEVEN HUNDRED SEVEN-
TY-FIVE OF THIS TITLE.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 1111-c-1 of the vehicle and traffic law made
by section one of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART P
Intentionally Omitted
PART Q
Section 1. The section heading, paragraphs 1, 2, 4 and subparagraph
(i) of paragraph 6 of subdivision (a), subdivisions (b), (e), (f), (h),
(i), (j), paragraph 3 of subdivision (g) and the opening paragraph of
subdivision (m) of section 1180-e of the vehicle and traffic law, as
added by chapter 421 of the laws of 2021, are amended to read as
follows:
Owner liability for failure of operator to comply with certain posted
maximum speed limits; HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA.
1. Notwithstanding any other provision of law, the commissioner of
transportation is hereby authorized to establish a demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with posted maximum speed limits in a highway
construction or maintenance work area located on a controlled-access
highway (i) when highway construction or maintenance work is occurring
and a work area speed limit is in effect as provided in paragraph two of
subdivision (d) or subdivision (f) of section eleven hundred eighty of
this article or (ii) when highway construction or maintenance work is
occurring and other speed limits are in effect as provided in subdivi-
sion (b) or (g) or paragraph one of subdivision (d) of section eleven
hundred eighty of this article. Such demonstration program shall empower
the commissioner to install photo speed violation monitoring systems
within no more than [twenty] FORTY highway construction or maintenance
work areas located on controlled-access highways and to operate such
systems within such work areas (iii) when highway construction or main-
tenance work is occurring and a work area speed limit is in effect as
provided in paragraph two of subdivision (d) or subdivision (f) of
section eleven hundred eighty of this article or (iv) when highway
construction or maintenance work is occurring and other speed limits are
in effect as provided in subdivision (b) or (g) or paragraph one of
subdivision (d) of section eleven hundred eighty of this article. The
commissioner, in consultation with the superintendent of the division of
state police, shall determine the location of the highway construction
or maintenance work areas located on a controlled-access highway in
which to install and operate photo speed violation monitoring systems.
In selecting a highway construction or maintenance work area in which to
install and operate a photo speed violation monitoring system, the
commissioner shall consider criteria including, but not limited to, the
speed data, crash history, and roadway geometry applicable to such high-
way construction or maintenance work area. A photo speed violation moni-
S. 3008--B 19
toring system shall not be installed or operated on a controlled-access
highway exit ramp.
2. Notwithstanding any other provision of law, after holding a public
hearing in accordance with the public officers law and subsequent
approval of the establishment of a demonstration program in accordance
with this section by a majority of the members of the entire board of
the thruway authority, the chair of the thruway authority is hereby
authorized to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with posted maximum speed limits in a highway construction or
maintenance work area located on the thruway (i) when highway
construction or maintenance work is occurring and a work area speed
limit is in effect as provided in paragraph two of subdivision (d) or
subdivision (f) of section eleven hundred eighty of this article or (ii)
when highway construction or maintenance work is occurring and other
speed limits are in effect as provided in subdivision (b) or (g) or
paragraph one of subdivision (d) of section eleven hundred eighty of
this article. Such demonstration program shall empower the chair to
install photo speed violation monitoring systems within no more than
[ten] TWENTY highway construction or maintenance work areas located on
the thruway and to operate such systems within such work areas (iii)
when highway construction or maintenance work is occurring and a work
area speed limit is in effect as provided in paragraph two of subdivi-
sion (d) or subdivision (f) of section eleven hundred eighty of this
article or (iv) when highway construction or maintenance work is occur-
ring and other speed limits are in effect as provided in subdivision (b)
or (g) or paragraph one of subdivision (d) of section eleven hundred
eighty of this article. The chair, in consultation with the superinten-
dent of the division of state police, shall determine the location of
the highway construction or maintenance work areas located on the thru-
way in which to install and operate photo speed violation monitoring
systems. In selecting a highway construction or maintenance work area in
which to install and operate a photo speed violation monitoring system,
the chair shall consider criteria including, but not limited to, the
speed data, crash history, and roadway geometry applicable to such high-
way construction or maintenance work area. A photo speed violation moni-
toring system shall not be installed or operated on a thruway exit ramp.
4. Operators of photo speed violation monitoring systems shall have
completed training in the procedures for setting up, testing, and oper-
ating such systems. Each such operator shall complete and sign a daily
set-up log for each such system that [he or she] THE OPERATOR operates
that (i) states the date and time when, and the location where, the
system was set up that day, and (ii) states that such operator success-
fully performed, and the system passed, the self-tests of such system
before producing a recorded image that day. The commissioner or the
chair, as applicable, shall retain each such daily log until the later
of the date on which the photo speed violation monitoring system to
which it applies has been permanently removed from use or the final
resolution of all cases involving notices of liability issued based on
photographs, microphotographs, video or other recorded images produced
by such system.
(i) Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs, microphotographs,
videotape or other recorded images produced by such photo speed
violation monitoring systems shall not include images that identify the
driver, the passengers, or the contents of the vehicle. Provided,
S. 3008--B 20
however, that no notice of liability issued pursuant to this section
shall be dismissed solely because such a photograph, microphotograph,
videotape or other recorded image allows for the identification of the
driver, the passengers, or the contents of vehicles where the commis-
sioner or the chair, as applicable, shows that they made reasonable
efforts to comply with the provisions of this paragraph in such case.
(b) If the commissioner or chair establishes a demonstration program
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, within a highway construction or maintenance work area
located on a controlled-access highway or on the thruway in violation of
paragraph two of subdivision (d) or subdivision (f), or when other speed
limits are in effect in violation of subdivision (b) or (g) or paragraph
one of subdivision (d), of section eleven hundred eighty of this arti-
cle, such vehicle was traveling at a speed of more than ten miles per
hour above the posted speed limit in effect within such highway
construction or maintenance work area, and such violation is evidenced
by information obtained from a photo speed violation monitoring system;
provided however that no owner of a vehicle shall be liable for a penal-
ty imposed pursuant to this section where the operator of such vehicle
has been convicted of the underlying violation of subdivision (b), (d),
(f) or (g) of section eleven hundred eighty of this article.
(e) An owner liable for a violation of subdivision (b), (d), (f) or
(g) of section eleven hundred eighty of this article pursuant to a
demonstration program established pursuant to this section shall be
liable for monetary penalties not to exceed fifty dollars for a first
violation, seventy-five dollars for a second violation both of which
were committed within a period of eighteen months, and one hundred
dollars for a third or subsequent violation all of which were committed
within a period of eighteen months; provided, however, that an addi-
tional penalty not in excess of twenty-five dollars for each violation
may be imposed for the failure to respond to a notice of liability with-
in the prescribed time period.
(f) An imposition of liability under the demonstration program estab-
lished pursuant to this section shall not be deemed a conviction as an
operator and shall not be made part of the operating record of the
person upon whom such liability is imposed nor shall it be used for
insurance purposes in the provision of motor vehicle insurance coverage.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which [he or she] THE OWNER
may contest the liability alleged in the notice. Such notice of liabil-
ity shall also contain a prominent warning to advise the person charged
that failure to contest in the manner and time provided shall be deemed
an admission of liability and that a default judgment may be entered
thereon.
(h) Adjudication of the liability imposed upon owners of this section
shall be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law where the violation
occurred or, if there be none, by [the court having jurisdiction over
traffic infractions where the violation occurred, except that if a city
has established an administrative tribunal to hear and determine
complaints of traffic infractions constituting parking, standing or
stopping violations such city may, by local law, authorize such adjudi-
cation by such tribunal] A HEARING OFFICER DESIGNATED BY THE COMMISSION-
ER OF MOTOR VEHICLES PROVIDED, HOWEVER, IF A CITY WITH A POPULATION OF
S. 3008--B 21
ONE MILLION OR MORE HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR
AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING,
STANDING OR STOPPING VIOLATIONS, SUCH TRIBUNAL SHALL ADJUDICATE LIABIL-
ITY PURSUANT TO THIS SECTION FOR VIOLATIONS OCCURRING WITHIN SUCH CITY.
PROVIDED FURTHER THAT SUCH HEARING OFFICER OR ADMINISTRATIVE TRIBUNAL
SHALL COOPERATE AND CONSULT WITH THE OFFICE OF THE STATE COMPTROLLER AS
NECESSARY TO IMPLEMENT THE PROGRAM, INCLUDING WITH RESPECT TO PROVIDING
NECESSARY REVENUE COLLECTION AND NOTICE OF LIABILITY DATA.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle or the number plate
or plates of such vehicle was reported to the police department as
having been stolen, it shall be a valid defense to an allegation of
liability for a violation of subdivision (b), (d), (f) or (g) of section
eleven hundred eighty of this article pursuant to this section that the
vehicle or the number plate or plates of such vehicle had been reported
to the police as stolen prior to the time the violation occurred and had
not been recovered by such time. For purposes of asserting the defense
provided by this subdivision, it shall be sufficient that a certified
copy of the police report on the stolen vehicle or number plate or
plates of such vehicle be sent by first class mail to the traffic
violations bureau, [court having jurisdiction or parking violations
bureau] HEARING OFFICER, OR ADMINISTRATIVE TRIBUNAL AS APPLICABLE, AND
MAY ALSO SEND TO THE DEPARTMENT OF TRANSPORTATION OR THRUWAY AUTHORITY
AS APPLICABLE.
(j) 1. [Where the adjudication of liability imposed upon owners pursu-
ant to this section is by a traffic violations bureau or a court having
jurisdiction, an] AN owner who is a lessor of a vehicle to which a
notice of liability was issued pursuant to subdivision (g) of this
section shall not be liable for the violation of subdivision (b), (d),
(f) or (g) of section eleven hundred eighty of this article pursuant to
this section, provided that [he or she] THE OWNER sends to the traffic
violations bureau [or court having jurisdiction], HEARING OFFICER, OR
ADMINISTRATIVE TRIBUNAL AS APPLICABLE, AND MAY ALSO SEND TO THE COMMIS-
SIONER OR CHAIR AS APPLICABLE a copy of the rental, lease or other such
contract document covering such vehicle on the date of the violation,
with the name and address of the lessee clearly legible, within thirty-
seven days after receiving notice from the bureau [or court], HEARING
OFFICER, OR ADMINISTRATIVE TRIBUNAL AS APPLICABLE, OR FROM THE COMMIS-
SIONER OR CHAIR AS APPLICABLE of the date and time of such violation,
together with the other information contained in the original notice of
liability. Failure to send such information within such thirty-seven day
time period shall render the owner liable for the penalty prescribed by
this section. Where the lessor complies with the provisions of this
paragraph, the lessee of such vehicle on the date of such violation
shall be deemed to be the owner of such vehicle for purposes of this
section, shall be subject to liability for the violation of subdivision
(b), (d), (f) or (g) of section eleven hundred eighty of this article
pursuant to this section and shall be sent a notice of liability pursu-
ant to subdivision (g) of this section.
2. [(i)] In a city which, by local law, has authorized the adjudi-
cation of liability imposed upon owners by this section by a parking
violations bureau, an owner who is a lessor of a vehicle to which a
notice of liability was issued pursuant to subdivision (g) of this
section shall not be liable for the violation of subdivision (b), (d),
(f) or (g) of section eleven hundred eighty of this article, provided
that:
S. 3008--B 22
[(A)] (I) prior to the violation, the lessor has filed with the bureau
in accordance with the provisions of section two hundred thirty-nine of
this chapter; and
[(B)] (II) within thirty-seven days after receiving notice from the
[bureau] CHAIR OR COMMISSIONER AS APPLICABLE of the date and time of a
liability, together with the other information contained in the original
notice of liability, the lessor submits to the bureau the correct name
and address of the lessee of the vehicle identified in the notice of
liability at the time of such violation, together with such other addi-
tional information contained in the rental, lease or other contract
document, as may be reasonably required by the bureau, HEARING OFFICER,
ADMINISTRATIVE TRIBUNAL, CHAIR OR COMMISSIONER AS APPLICABLE pursuant to
regulations that may be promulgated for such purpose.
[(ii)] 3. Failure to comply with [clause (B) of subparagraph (i) of]
this [paragraph] SUBDIVISION shall render the owner liable for the
penalty prescribed in this section.
[(iii)] 4. Where the lessor complies with the provisions of this
[paragraph] SUBDIVISION, the lessee of such vehicle on the date of such
violation shall be deemed to be the owner of such vehicle for purposes
of this section, shall be subject to liability for such violation pursu-
ant to this section and shall be sent a notice of liability pursuant to
subdivision (g) of this section.
If the commissioner or chair adopts a demonstration program pursuant
to subdivision (a) of this section the commissioner or chair, as appli-
cable, shall conduct a study and submit a report on or before May first,
two thousand twenty-four, and [a] report on or before [May first, two
thousand twenty-six] EVERY TWO YEARS THEREAFTER, on the results of the
use of photo devices to the governor, the temporary president of the
senate and the speaker of the assembly. The commissioner or chair shall
also make such reports available on their public-facing websites,
provided that they may provide aggregate data from paragraph one of this
subdivision if the commissioner or chair finds that publishing specific
location data would jeopardize public safety. Such report shall include:
§ 2. The vehicle and traffic law is amended by adding a new section
1180-h to read as follows:
§ 1180-H. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS; TRIBOROUGH BRIDGE AND TUNNEL
PROJECT HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA. (A) 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT
CORPORATION CREATED AND CONSTITUTED PURSUANT TO TITLE THREE OF ARTICLE
THREE OF THE PUBLIC AUTHORITIES LAW, IS HEREBY AUTHORIZED TO ESTABLISH A
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN
A CONSTRUCTION OR MAINTENANCE WORK AREA LOCATED AT ANY TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY PROJECT REFERRED TO IN SUBDIVISION NINE OF SECTION
FIVE HUNDRED FIFTY-THREE OF THE PUBLIC AUTHORITIES LAW, OR AS OTHERWISE
PROVIDED IN AN APPLICABLE INTERAGENCY AGREEMENT, (I) WHEN CONSTRUCTION
OR MAINTENANCE WORK IS OCCURRING AND A WORK AREA SPEED LIMIT IS IN
EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION
(F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II) WHEN
CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND OTHER SPEED LIMITS ARE
IN EFFECT AS PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. SUCH
PROGRAM SHALL EMPOWER THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY TO
INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN NO MORE THAN
S. 3008--B 23
NINE CONSTRUCTION OR MAINTENANCE WORK AREAS LOCATED AT TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY PROJECTS AND TO OPERATE SUCH SYSTEMS WITHIN SUCH
WORK AREAS (III) WHEN CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND
A WORK AREA SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO OF
SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE OR (IV) WHEN CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING
AND OTHER SPEED LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B) OR
(G) OR PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS ARTICLE. THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL DETER-
MINE THE LOCATION OF THE CONSTRUCTION OR MAINTENANCE WORK AREAS LOCATED
AT A TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PROJECT IN WHICH TO INSTALL
AND OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS. IN SELECTING A
CONSTRUCTION OR MAINTENANCE WORK AREA IN WHICH TO INSTALL AND OPERATE A
PHOTO SPEED VIOLATION MONITORING SYSTEM, THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO,
THE SPEED DATA, CRASH HISTORY, AND ROADWAY GEOMETRY APPLICABLE TO SUCH
CONSTRUCTION OR MAINTENANCE WORK AREA.
2. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A
CONSTRUCTION OR MAINTENANCE WORK AREA UNLESS (I) ON THE DAY IT IS TO BE
USED IT HAS SUCCESSFULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II)
IT HAS UNDERGONE AN ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARA-
GRAPH FOUR OF THIS SUBDIVISION. THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
ITY SHALL INSTALL SIGNS GIVING NOTICE THAT A PHOTO SPEED VIOLATION MONI-
TORING SYSTEM IS IN USE, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN
THE MUTCD.
3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE
COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY
SET-UP LOG FOR EACH SUCH SYSTEM THAT THE OPERATOR OPERATES THAT (I)
STATES THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS
SET UP THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY
PERFORMED, AND THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE
PRODUCING A RECORDED IMAGE THAT DAY. THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY SHALL RETAIN EACH SUCH DAILY LOG UNTIL THE LATER OF THE DATE
ON WHICH THE PHOTO SPEED VIOLATION MONITORING SYSTEM TO WHICH IT APPLIES
HAS BEEN PERMANENTLY REMOVED FROM USE OR THE FINAL RESOLUTION OF ALL
CASES INVOLVING NOTICES OF LIABILITY ISSUED BASED ON PHOTOGRAPHS, MICRO-
PHOTOGRAPHS, VIDEO OR OTHER RECORDED IMAGES PRODUCED BY SUCH SYSTEM.
4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY SHALL KEEP EACH SUCH ANNUAL CERTIFICATE OF
CALIBRATION ON FILE UNTIL THE FINAL RESOLUTION OF ALL CASES INVOLVING A
NOTICE OF LIABILITY ISSUED DURING SUCH YEAR WHICH WERE BASED ON PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY
SUCH PHOTO SPEED VIOLATION MONITORING SYSTEM.
5. (I) SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO
THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITORING
SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN-
GERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE
OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY
BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED
IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR
THE CONTENTS OF VEHICLES WHERE THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
S. 3008--B 24
TY SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS
OF THIS PARAGRAPH IN SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
EXCLUSIVE USE OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FOR THE
PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED PURSUANT TO THIS
SECTION AND OF THE OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO
THIS SECTION, AND SHALL BE DESTROYED BY THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH
SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF
LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY
OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A PHOTO SPEED
VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR
ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN
EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF
LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR
EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION,
EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
RECORDED IMAGES FROM SUCH SYSTEMS:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
S. 3008--B 25
(B) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, WITHIN A CONSTRUCTION OR
MAINTENANCE WORK AREA LOCATED AT A TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
TY PROJECT IN VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVI-
SION (F), OR WHEN OTHER SPEED LIMITS ARE IN EFFECT IN VIOLATION OF
SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAVELING AT A
SPEED OF MORE THAN TEN MILES PER HOUR ABOVE THE POSTED SPEED LIMIT IN
EFFECT WITHIN SUCH CONSTRUCTION OR MAINTENANCE WORK AREA, AND SUCH
VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO SPEED
VIOLATION MONITORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE
OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION
OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER;
3. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN A CONSTRUCTION OR MAINTENANCE WORK AREA
LOCATED AT A TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PROJECT IN VIOLATION
OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION;
4. "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PROJECTS" SHALL MEAN THE
PROJECTS REFERRED TO IN SUBDIVISION NINE OF SECTION FIVE HUNDRED FIFTY-
THREE OF THE PUBLIC AUTHORITIES LAW, OR AS OTHERWISE PROVIDED IN AN
APPLICABLE INTERAGENCY AGREEMENT.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY OR ITS AGENT AS APPLICABLE,
OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHO-
TOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A PHOTO SPEED
VIOLATION MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL INCLUDE AT LEAST TWO
DATE AND TIME STAMPED IMAGES OF THE REAR OF THE MOTOR VEHICLE THAT
INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR VEHICLE TO THE EXTENT
PRACTICABLE AND SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN ADVANCE
OF AND AT ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION
PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A
PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONE-
TARY PENALTIES NOT TO EXCEED FIFTY DOLLARS FOR A FIRST VIOLATION, SEVEN-
TY-FIVE DOLLARS FOR A SECOND VIOLATION BOTH OF WHICH WERE COMMITTED
WITHIN A PERIOD OF EIGHTEEN MONTHS, AND ONE HUNDRED DOLLARS FOR A THIRD
OR SUBSEQUENT VIOLATION ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF
EIGHTEEN MONTHS; PROVIDED, HOWEVER, THAT AN ADDITIONAL PENALTY NOT IN
S. 3008--B 26
EXCESS OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION MAY BE IMPOSED FOR THE
FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER THE PROGRAM ESTABLISHED PURSUANT
TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND
SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM
SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN
THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH OWNER IS
A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH
OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE
REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI-
NARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE
INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR
VEHICLE TO THE EXTENT PRACTICABLE, AND THE CERTIFICATE CHARGING THE
LIABILITY.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY
CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY
SHALL ALSO CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT
FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN
ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THERE-
ON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE TRIBOR-
OUGH BRIDGE AND TUNNEL AUTHORITY OR BY ANY OTHER ENTITY AUTHORIZED BY
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY TO PREPARE AND MAIL SUCH
NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
OR PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS
HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF
LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN REPORTED
TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD
NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE
PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT THAT A CERTIFIED
COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE OR NUMBER PLATE OR
PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY.
(J) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
S. 3008--B 27
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION,
PROVIDED THAT THE OWNER SENDS TO THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT
COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND
ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER
RECEIVING NOTICE FROM THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY OF THE
DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH
INFORMATION WITHIN SUCH THIRTY-SEVEN-DAY TIME PERIOD SHALL RENDER THE
OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. WHERE THE
LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF
SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE
OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO
LIABILITY FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF
THIS SECTION.
2. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE
LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE TRIBOR-
OUGH BRIDGE AND TUNNEL AUTHORITY OF THE DATE AND TIME OF A LIABILITY,
TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF
LIABILITY, THE LESSOR SUBMITS TO THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PURSUANT TO REGULATIONS THAT MAY
BE PROMULGATED FOR SUCH PURPOSE.
3. FAILURE TO COMPLY WITH THIS SUBDIVISION SHALL RENDER THE OWNER
LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION.
4. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBDIVISION,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
S. 3008--B 28
TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(M) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION MONI-
TORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
§ 3. The vehicle and traffic law is amended by adding a new section
1180-i to read as follows:
§ 1180-I. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS; NEW YORK STATE BRIDGE AUTHORITY
PROJECT HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA. (A) 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE NEW YORK STATE BRIDGE AUTHORITY
"BRIDGE AUTHORITY", A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC
BENEFIT CORPORATION CREATED AND CONSTITUTED PURSUANT TO TITLE TWO OF
ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW, IS HEREBY AUTHORIZED TO
ESTABLISH A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHI-
CLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM
SPEED LIMITS IN A CONSTRUCTION OR MAINTENANCE WORK AREA LOCATED AT ANY
BRIDGE AUTHORITY PROJECT REFERRED TO IN SUBDIVISION TEN OR TEN-A OF
SECTION FIVE HUNDRED TWENTY-EIGHT OF THE PUBLIC AUTHORITIES LAW, OR AS
OTHERWISE PROVIDED IN AN APPLICABLE INTERAGENCY AGREEMENT, (I) WHEN
CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND A WORK AREA SPEED
LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (D) OR
SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II)
WHEN CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND OTHER SPEED
LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH
ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
SUCH PROGRAM SHALL EMPOWER THE BRIDGE AUTHORITY TO INSTALL PHOTO SPEED
VIOLATION MONITORING SYSTEMS WITHIN NO MORE THAN FIVE CONSTRUCTION OR
MAINTENANCE WORK AREAS LOCATED AT BRIDGE AUTHORITY PROJECTS AND TO OPER-
ATE SUCH SYSTEMS WITHIN SUCH WORK AREAS (III) WHEN CONSTRUCTION OR MAIN-
TENANCE WORK IS OCCURRING AND A WORK AREA SPEED LIMIT IS IN EFFECT AS
PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (IV) WHEN CONSTRUCTION
OR MAINTENANCE WORK IS OCCURRING AND OTHER SPEED LIMITS ARE IN EFFECT AS
PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. THE BRIDGE AUTHORITY
SHALL DETERMINE THE LOCATION OF THE CONSTRUCTION OR MAINTENANCE WORK
AREAS LOCATED AT A BRIDGE AUTHORITY PROJECT IN WHICH TO INSTALL AND
OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS. IN SELECTING A
CONSTRUCTION OR MAINTENANCE WORK AREA IN WHICH TO INSTALL AND OPERATE A
PHOTO SPEED VIOLATION MONITORING SYSTEM, THE BRIDGE AUTHORITY SHALL
CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO, THE SPEED DATA, CRASH
HISTORY, AND ROADWAY GEOMETRY APPLICABLE TO SUCH CONSTRUCTION OR MAINTE-
NANCE WORK AREA.
2. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A
CONSTRUCTION OR MAINTENANCE WORK AREA UNLESS (I) ON THE DAY IT IS TO BE
USED IT HAS SUCCESSFULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II)
IT HAS UNDERGONE AN ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARA-
GRAPH FOUR OF THIS SUBDIVISION. THE BRIDGE AUTHORITY SHALL INSTALL SIGNS
GIVING NOTICE THAT A PHOTO SPEED VIOLATION MONITORING SYSTEM IS IN USE,
IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD.
S. 3008--B 29
3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE
COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY
SET-UP LOG FOR EACH SUCH SYSTEM THAT THE OPERATOR OPERATES THAT (I)
STATES THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS
SET UP THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY
PERFORMED, AND THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE
PRODUCING A RECORDED IMAGE THAT DAY. THE BRIDGE AUTHORITY SHALL RETAIN
EACH SUCH DAILY LOG UNTIL THE LATER OF THE DATE ON WHICH THE PHOTO SPEED
VIOLATION MONITORING SYSTEM TO WHICH IT APPLIES HAS BEEN PERMANENTLY
REMOVED FROM USE OR THE FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES
OF LIABILITY ISSUED BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEO OR
OTHER RECORDED IMAGES PRODUCED BY SUCH SYSTEM.
4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE BRIDGE
AUTHORITY SHALL KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE
UNTIL THE FINAL RESOLUTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY
ISSUED DURING SUCH YEAR WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED
VIOLATION MONITORING SYSTEM.
5. (I) SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO
THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITORING
SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN-
GERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE
OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY
BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED
IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR
THE CONTENTS OF VEHICLES WHERE THE BRIDGE AUTHORITY SHOWS THAT IT MADE
REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH IN
SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
EXCLUSIVE USE OF THE BRIDGE AUTHORITY FOR THE PURPOSE OF THE ADJUDI-
CATION OF LIABILITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER
RECEIVING A NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE
DESTROYED BY THE BRIDGE AUTHORITY UPON THE FINAL RESOLUTION OF THE
NOTICE OF LIABILITY TO WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE OR OTHER RECORDED IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF
ISSUANCE OF SUCH NOTICE OF LIABILITY, WHICHEVER IS LATER. NOTWITHSTAND-
ING THE PROVISIONS OF ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE
FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE
PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED
BY ANY COURT OR ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR
PROCEEDING THEREIN EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION
OF A NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC
ENTITY OR EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFOR-
MATION, EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY
OTHER RECORDED IMAGES FROM SUCH SYSTEMS:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
S. 3008--B 30
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(B) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, WITHIN A CONSTRUCTION OR
MAINTENANCE WORK AREA LOCATED AT A BRIDGE AUTHORITY PROJECT IN VIOLATION
OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F), OR WHEN OTHER
SPEED LIMITS ARE IN EFFECT IN VIOLATION OF SUBDIVISION (B) OR (G) OR
PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE, SUCH VEHICLE WAS TRAVELING AT A SPEED OF MORE THAN TEN
MILES PER HOUR ABOVE THE POSTED SPEED LIMIT IN EFFECT WITHIN SUCH
CONSTRUCTION OR MAINTENANCE WORK AREA, AND SUCH VIOLATION IS EVIDENCED
BY INFORMATION OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM;
PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
TY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE
HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER;
3. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
S. 3008--B 31
TIME IT IS USED OR OPERATED IN A CONSTRUCTION OR MAINTENANCE WORK AREA
LOCATED AT A BRIDGE AUTHORITY PROJECT IN VIOLATION OF SUBDIVISION (B),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND
4. "BRIDGE AUTHORITY PROJECTS" SHALL MEAN THE PROJECTS REFERRED TO IN
SUBDIVISION TEN OR TEN-A OF SECTION FIVE HUNDRED TWENTY-EIGHT OF THE
PUBLIC AUTHORITIES LAW, OR AS OTHERWISE PROVIDED IN AN APPLICABLE INTER-
AGENCY AGREEMENT.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE BRIDGE AUTHORITY OR ITS AGENT AS APPLICABLE, OR A FACSIMILE THEREOF,
BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY A PHOTO SPEED VIOLATION MONITORING
SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
EVIDENCING SUCH A VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME
STAMPED IMAGES OF THE REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME
STATIONARY OBJECT NEAR THE MOTOR VEHICLE TO THE EXTENT PRACTICABLE AND
SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN ADVANCE OF AND AT ANY
PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO
THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A
PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONE-
TARY PENALTIES NOT TO EXCEED FIFTY DOLLARS FOR A FIRST VIOLATION, SEVEN-
TY-FIVE DOLLARS FOR A SECOND VIOLATION BOTH OF WHICH WERE COMMITTED
WITHIN A PERIOD OF EIGHTEEN MONTHS, AND ONE HUNDRED DOLLARS FOR A THIRD
OR SUBSEQUENT VIOLATION ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF
EIGHTEEN MONTHS; PROVIDED, HOWEVER, THAT AN ADDITIONAL PENALTY NOT IN
EXCESS OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION MAY BE IMPOSED FOR THE
FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER THE PROGRAM ESTABLISHED PURSUANT
TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND
SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM
SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN
THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH OWNER IS
A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH
OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE
REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI-
NARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE
INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR
VEHICLE TO THE EXTENT PRACTICABLE, AND THE CERTIFICATE CHARGING THE
LIABILITY.
S. 3008--B 32
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY
CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY
SHALL ALSO CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT
FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN
ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THERE-
ON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE BRIDGE
AUTHORITY OR BY ANY OTHER ENTITY AUTHORIZED BY THE BRIDGE AUTHORITY TO
PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW WHERE THE VIOLATION
OCCURRED OR, IF THERE BE NONE, BY A HEARING OFFICER DESIGNATED BY THE
COMMISSIONER OF MOTOR VEHICLES.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
OR PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS
HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF
LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN REPORTED
TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD
NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE
PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT THAT A CERTIFIED
COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE OR NUMBER PLATE OR
PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO THE BRIDGE AUTHOR-
ITY.
(J) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION,
PROVIDED THAT THE OWNER SENDS TO THE BRIDGE AUTHORITY A COPY OF THE
RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON
THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE
CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM
THE BRIDGE AUTHORITY OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER
WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABIL-
ITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN-DAY TIME
PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS
SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARA-
GRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE
DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,
SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDI-
VISION (G) OF THIS SECTION.
2. IN A CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION OF
LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING VIOLATIONS
BUREAU, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
S. 3008--B 33
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BRIDGE
AUTHORITY OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER
INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR
SUBMITS TO THE BRIDGE AUTHORITY THE CORRECT NAME AND ADDRESS OF THE
LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME
OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION
CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE
REASONABLY REQUIRED BY THE BRIDGE AUTHORITY PURSUANT TO REGULATIONS THAT
MAY BE PROMULGATED FOR SUCH PURPOSE.
3. FAILURE TO COMPLY WITH THIS SUBDIVISION SHALL RENDER THE OWNER
LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION.
4. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBDIVISION,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(M) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION MONI-
TORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
(N) IF THE CHAIR OF EITHER AUTHORITY ADOPTS A DEMONSTRATION PROGRAM
PURSUANT TO SECTION 1180-H OF THIS ARTICLE OR THIS SECTION THE RESPEC-
TIVE EXECUTIVE DIRECTOR OR CHAIR, AS APPLICABLE, SHALL CONDUCT A STUDY
AND SUBMIT A REPORT ON OR BEFORE MAY FIRST, TWO THOUSAND TWENTY-EIGHT
AND A REPORT ON OR BEFORE MAY FIRST, TWO THOUSAND THIRTY ON THE RESULTS
OF THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY. THE EXECUTIVE DIRECTOR OR
CHAIR SHALL ALSO MAKE SUCH REPORTS AVAILABLE ON THEIR PUBLIC-FACING
WEBSITES, PROVIDED THAT THEY MAY PROVIDE AGGREGATE DATA FROM PARAGRAPH
ONE OF THIS SUBDIVISION IF THE EXECUTIVE DIRECTOR OR CHAIR FINDS THAT
PUBLISHING SPECIFIC LOCATION DATA WOULD JEOPARDIZE PUBLIC SAFETY. SUCH
REPORT SHALL INCLUDE:
1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN ALL HIGHWAY CONSTRUCTION OR
MAINTENANCE WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS OR CROSSINGS, TO
S. 3008--B 34
THE EXTENT THE INFORMATION IS MAINTAINED BY THE EXECUTIVE DIRECTOR,
CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN HIGHWAY CONSTRUCTION OR
MAINTENANCE WORK AREAS WHERE PHOTO SPEED VIOLATION MONITORING SYSTEMS
WERE USED, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE EXECUTIVE
DIRECTOR, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
4. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL HIGHWAY CONSTRUCTION
OR MAINTENANCE WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS OR CROSSINGS, IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS TO THE EXTENT THE
INFORMATION IS MAINTAINED BY THE EXECUTIVE DIRECTOR, CHAIR OR THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
5. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH CROSSING CONSTRUCTION
OR MAINTENANCE WORK AREA WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM
IS USED, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
6. TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE EXECUTIVE DIREC-
TOR, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE, THE NUMBER
OF VIOLATIONS RECORDED WITHIN ALL HIGHWAY CONSTRUCTION OR MAINTENANCE
WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS OR CROSSINGS THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
7. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH HIGHWAY CONSTRUCTION
OR MAINTENANCE WORK AREA WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM
IS USED THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
8. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS, TO
THE EXTENT THE INFORMATION IS MAINTAINED BY THE EXECUTIVE DIRECTOR,
CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS, TO THE EXTENT THE INFORMATION IS MAINTAINED BY
THE EXECUTIVE DIRECTOR, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF
THIS STATE;
11. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE STATE OR RESPECTIVE
AUTHORITY IN CONNECTION WITH THE PROGRAM;
12. THE EXPENSES INCURRED BY THE STATE OR THE RESPECTIVE AUTHORITY IN
CONNECTION WITH THE PROGRAM;
13. AN ITEMIZED LIST OF EXPENDITURES MADE BY THE STATE AND THE RESPEC-
TIVE AUTHORITY ON WORK ZONE SAFETY PROJECTS UNDERTAKEN IN ACCORDANCE
WITH SUBDIVISIONS ELEVEN AND TWELVE OF SECTION EIGHTEEN HUNDRED THREE OF
THIS CHAPTER; AND
S. 3008--B 35
14. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS, TO THE
EXTENT THE INFORMATION IS MAINTAINED BY THE EXECUTIVE DIRECTOR, CHAIR OR
THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE.
§ 4. Subdivisions 11 and 12 of section 1803 of the vehicle and traffic
law, as amended by chapter 557 of the laws of 2023, are amended and two
new subdivisions 14 and 15 are added to read as follows:
11. Where the commissioner of transportation has established a demon-
stration program imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with subdivision (b), (d),
(f) or (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-e of this chapter, any fine or
penalty collected by a court, judge, magistrate or other officer for an
imposition of liability which occurs pursuant to such program shall be
paid to the state comptroller within the first [ten] THIRTY days of the
month following collection, except as otherwise provided in subdivision
three of section ninety-nine-a of the state finance law. Every such
payment shall be accompanied by a statement in such form and detail as
the comptroller shall provide. Notwithstanding the provisions of subdi-
vision five of this section, eighty percent of any such fine or penalty
imposed for such liability shall be paid to the general fund, and twenty
percent of any such fine or penalty shall be paid to the city, town or
village in which the violation giving rise to the liability occurred,
provided, however, that (A) within a county that has established a traf-
fic and parking violations agency pursuant to section three hundred
seventy of the general municipal law and such liability is disposed of
by such agency, eighty percent of any such fine or penalty imposed for
such liability shall be paid to the general fund, and twenty percent of
any such fine or penalty shall be paid to the county in which the
violation giving rise to the liability occurred; OR (B) WHERE COLLECTED
BY A HEARING OFFICER APPOINTED BY THE COMMISSIONER, EIGHTY PERCENT OF
ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY SHALL BE PAID TO THE
GENERAL FUND, AND TWENTY PERCENT SHALL BE DEPOSITED IN THE WORK ZONE
SPEED CAMERA ADMINISTRATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-NINE-SS OF THE STATE FINANCE LAW. With respect to the percentage of
fines or penalties paid to the general fund, no less than sixty percent
shall be dedicated to department of transportation work zone safety
projects after deducting the expenses necessary to administer such
demonstration program, provided, however, that EXCEPT AS PROVIDED PURSU-
ANT TO SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW, such funds
provided pursuant to this subdivision shall be payable on the audit and
warrant of the comptroller and shall only be used to supplement and not
supplant current expenditures of state funds on work zone safety
projects. For the purposes of this subdivision, "work zone safety
projects" shall apply to work zones under the jurisdiction of the
department of transportation and shall include, but not be limited to,
inspection and implementation of work zone design, maintenance, traffic
plans and markings, worker safety training, contractor outreach,
enforcement efforts, radar speed display signs at major active work
zones and police presence at major active work zones, as provided in
section twenty-two of the transportation law. All fines, penalties and
forfeitures paid to a county, city, town or village pursuant to the
provisions of this subdivision shall be credited to the general fund of
such county, city, town or village, unless a different disposition is
prescribed by charter, special law, local law or ordinance.
12. Where the chair of the New York state thruway authority has estab-
lished a demonstration program imposing monetary liability on the owner
S. 3008--B 36
of a vehicle for failure of an operator thereof to comply with subdivi-
sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-e of this chapter,
any fine or penalty collected by a court, judge, magistrate or other
officer for an imposition of liability which occurs pursuant to such
program shall be paid to the state comptroller within the first ten days
of the month following collection, except as otherwise provided in
subdivision three of section ninety-nine-a of the state finance law.
Every such payment shall be accompanied by a statement in such form and
detail as the comptroller shall provide. Notwithstanding the provisions
of subdivision five of this section, eighty percent of any such fine or
penalty imposed for such liability shall be paid to the thruway authori-
ty, and twenty percent of any such fine or penalty shall be paid to the
city, town or village in which the violation giving rise to the liabil-
ity occurred, provided, however, that (A) within a county that has
established a traffic and parking violations agency pursuant to section
three hundred seventy of the general municipal law and such liability is
disposed of by such agency, eighty percent of any such fine or penalty
imposed for such liability shall be paid to the thruway authority, and
twenty percent of any such fine or penalty shall be paid to the county
in which the violation giving rise to the liability occurred; OR (B)
WHERE COLLECTED BY A HEARING OFFICER APPOINTED BY THE COMMISSIONER,
EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY
SHALL BE PAID TO THE THRUWAY AUTHORITY, AND TWENTY PERCENT SHALL BE
DEPOSITED IN THE WORK ZONE SPEED CAMERA ADMINISTRATION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW. With
respect to the percentage of fines or penalties paid to the thruway
authority, no less than sixty percent shall be dedicated to thruway
authority work zone safety projects after deducting the expenses neces-
sary to administer such demonstration program, provided, however, that
EXCEPT AS PROVIDED PURSUANT TO SECTION NINETY-NINE-SS OF THE STATE
FINANCE LAW, such funds provided pursuant to this subdivision shall be
payable on the audit and warrant of the comptroller and shall only be
used to supplement and not supplant current expenditures of state funds
on work zone safety projects. For the purposes of this subdivision,
"work zone safety projects" shall apply to work zones under the juris-
diction of the thruway authority and shall include, but not be limited
to, inspection and implementation of work zone design, maintenance,
traffic plans and markings, worker safety training, contractor outreach,
enforcement efforts, radar speed display signs at major active work
zones and police presence at major active work zones, as provided in
section twenty-two of the transportation law. For the purposes of this
subdivision, the term "thruway authority" shall mean the New York state
thruway authority, a body corporate and politic constituting a public
corporation created and constituted pursuant to title nine of article
two of the public authorities law. All fines, penalties and forfeitures
paid to a county, city, town or village pursuant to the provisions of
this subdivision shall be credited to the general fund of such county,
city, town or village, unless a different disposition is prescribed by
charter, special law, local law or ordinance.
14. WHERE THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY HAS ESTABLISHED A
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-H OF THIS CHAPTER, ANY FINE OR PENALTY
COLLECTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU FOR AN IMPOSI-
S. 3008--B 37
TION OF LIABILITY WHICH OCCURS PURSUANT TO SUCH PROGRAM SHALL BE PAID TO
THE STATE COMPTROLLER WITHIN THE FIRST THIRTY DAYS OF THE MONTH FOLLOW-
ING COLLECTION, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF
SECTION NINETY-NINE-A OF THE STATE FINANCE LAW. EVERY SUCH PAYMENT SHALL
BE ACCOMPANIED BY A STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
SHALL PROVIDE. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF
THIS SECTION, EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR
SUCH LIABILITY SHALL BE PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
ITY, AND TWENTY PERCENT OF ANY SUCH FINE OR PENALTY SHALL BE PAID TO THE
NEW YORK CITY PARKING VIOLATIONS BUREAU. WITH RESPECT TO THE PERCENTAGE
OF FINES OR PENALTIES PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
TY, NO LESS THAN SIXTY PERCENT SHALL BE DEDICATED TO TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY WORK ZONE SAFETY PROJECTS AFTER DEDUCTING THE
EXPENSES NECESSARY TO ADMINISTER SUCH PROGRAM, PROVIDED, HOWEVER, THAT
SUCH FUNDS PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE PAYABLE ON THE
AUDIT AND WARRANT OF THE COMPTROLLER AND SHALL ONLY BE USED TO SUPPLE-
MENT AND NOT SUPPLANT CURRENT EXPENDITURES OF STATE FUNDS ON WORK ZONE
SAFETY PROJECTS. FOR THE PURPOSES OF THIS SUBDIVISION, "WORK ZONE SAFETY
PROJECTS" SHALL APPLY TO WORK ZONES UNDER THE JURISDICTION OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, INSPECTION AND IMPLEMENTATION OF WORK ZONE DESIGN, MAINTE-
NANCE, TRAFFIC PLANS AND MARKINGS, WORKER SAFETY TRAINING, CONTRACTOR
OUTREACH, ENFORCEMENT EFFORTS, RADAR SPEED DISPLAY SIGNS AT MAJOR ACTIVE
WORK ZONES AND POLICE PRESENCE AT MAJOR ACTIVE WORK ZONES, AS PROVIDED
IN SECTION TWENTY-TWO OF THE TRANSPORTATION LAW. FOR THE PURPOSES OF
THIS SUBDIVISION, THE TERM "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY"
SHALL MEAN THE NEW YORK STATE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, A
BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION
CREATED AND CONSTITUTED PURSUANT TO TITLE THREE OF ARTICLE THREE OF THE
PUBLIC AUTHORITIES LAW. ALL FINES, PENALTIES AND FORFEITURES PAID TO A
COUNTY, CITY, TOWN OR VILLAGE PURSUANT TO THE PROVISIONS OF THIS SUBDI-
VISION SHALL BE CREDITED TO THE GENERAL FUND OF SUCH COUNTY, CITY, TOWN
OR VILLAGE, UNLESS A DIFFERENT DISPOSITION IS PRESCRIBED BY CHARTER,
SPECIAL LAW, LOCAL LAW OR ORDINANCE.
15. WHERE THE NEW YORK STATE BRIDGE AUTHORITY HAS ESTABLISHED A
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-I OF THIS CHAPTER, ANY FINE OR PENALTY
COLLECTED BY A HEARING OFFICER, TRAFFIC VIOLATIONS BUREAU, OR ADMINIS-
TRATIVE TRIBUNAL, AS APPLICABLE, FOR AN IMPOSITION OF LIABILITY WHICH
OCCURS PURSUANT TO SUCH PROGRAM SHALL BE PAID TO THE STATE COMPTROLLER
WITHIN THE FIRST THIRTY DAYS OF THE MONTH FOLLOWING COLLECTION, EXCEPT
AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINETY-NINE-A OF
THE STATE FINANCE LAW. EVERY SUCH PAYMENT SHALL BE ACCOMPANIED BY A
STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER SHALL PROVIDE.
NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION,
EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY
SHALL BE PAID TO THE BRIDGE AUTHORITY, AND TWENTY PERCENT OF ANY SUCH
FINE OR PENALTY SHALL BE PAID TO THE CITY, TOWN OR VILLAGE IN WHICH THE
VIOLATION GIVING RISE TO THE LIABILITY OCCURRED, PROVIDED, HOWEVER, THAT
(A) WITHIN A COUNTY THAT HAS ESTABLISHED A TRAFFIC AND PARKING
VIOLATIONS AGENCY PURSUANT TO SECTION THREE HUNDRED SEVENTY OF THE
GENERAL MUNICIPAL LAW AND SUCH LIABILITY IS DISPOSED OF BY SUCH AGENCY,
EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY
SHALL BE PAID TO THE BRIDGE AUTHORITY, AND TWENTY PERCENT OF ANY SUCH
S. 3008--B 38
FINE OR PENALTY SHALL BE PAID TO THE COUNTY IN WHICH THE VIOLATION
GIVING RISE TO THE LIABILITY OCCURRED; OR (B) WHERE COLLECTED BY A HEAR-
ING OFFICER APPOINTED BY THE COMMISSIONER, EIGHTY PERCENT OF ANY SUCH
FINE OR PENALTY IMPOSED FOR SUCH LIABILITY SHALL BE PAID TO THE BRIDGE
AUTHORITY, AND TWENTY PERCENT SHALL BE DEPOSITED IN THE WORK ZONE SPEED
CAMERA ADMINISTRATION FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-
SS OF THE STATE FINANCE LAW. WITH RESPECT TO THE PERCENTAGE OF FINES OR
PENALTIES PAID TO THE BRIDGE AUTHORITY, NO LESS THAN SIXTY PERCENT SHALL
BE DEDICATED TO BRIDGE AUTHORITY WORK ZONE SAFETY PROJECTS AFTER DEDUCT-
ING THE EXPENSES NECESSARY TO ADMINISTER SUCH PROGRAM, PROVIDED, HOWEV-
ER, THAT EXCEPT AS PROVIDED PURSUANT TO SECTION NINETY-NINE-SS OF THE
STATE FINANCE LAW, SUCH FUNDS PROVIDED PURSUANT TO THIS SUBDIVISION
SHALL BE PAYABLE ON THE AUDIT AND WARRANT OF THE COMPTROLLER AND SHALL
ONLY BE USED TO SUPPLEMENT AND NOT SUPPLANT CURRENT EXPENDITURES OF
STATE FUNDS ON WORK ZONE SAFETY PROJECTS. FOR THE PURPOSES OF THIS
SUBDIVISION, "WORK ZONE SAFETY PROJECTS" SHALL APPLY TO WORK ZONES UNDER
THE JURISDICTION OF THE BRIDGE AUTHORITY AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, INSPECTION AND IMPLEMENTATION OF WORK ZONE DESIGN, MAINTE-
NANCE, TRAFFIC PLANS AND MARKINGS, WORKER SAFETY TRAINING, CONTRACTOR
OUTREACH, ENFORCEMENT EFFORTS, RADAR SPEED DISPLAY SIGNS AT MAJOR ACTIVE
WORK ZONES AND POLICE PRESENCE AT MAJOR ACTIVE WORK ZONES, AS PROVIDED
IN SECTION TWENTY-TWO OF THE TRANSPORTATION LAW. FOR THE PURPOSES OF
THIS SUBDIVISION, THE TERM "BRIDGE AUTHORITY" SHALL MEAN THE NEW YORK
STATE BRIDGE AUTHORITY, A BODY CORPORATE AND POLITIC CONSTITUTING A
PUBLIC BENEFIT CORPORATION CREATED AND CONSTITUTED PURSUANT TO TITLE TWO
OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW. ALL FINES, PENALTIES AND
FORFEITURES PAID TO A COUNTY, CITY, TOWN OR VILLAGE PURSUANT TO THE
PROVISIONS OF THIS SUBDIVISION SHALL BE CREDITED TO THE GENERAL FUND OF
SUCH COUNTY, CITY, TOWN OR VILLAGE, UNLESS A DIFFERENT DISPOSITION IS
PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL LAW OR ORDINANCE.
§ 5. The state finance law is amended by adding a new section 99-ss to
read as follows:
§ 99-SS. WORK ZONE SPEED CAMERA ADMINISTRATION FUND. 1. THERE IS HERE-
BY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "WORK ZONE
SPEED CAMERA ADMINISTRATION FUND".
2. THE FUND SHALL CONSIST OF FINES OR PENALTIES COLLECTED BY THE
COMMISSIONER OF MOTOR VEHICLES FOR VIOLATIONS OF SECTIONS ELEVEN HUNDRED
EIGHTY-E AND ELEVEN HUNDRED EIGHTY-I OF THE VEHICLE AND TRAFFIC LAW AND
PURSUANT TO SUBDIVISIONS ELEVEN, TWELVE AND FIFTEEN OF SECTION EIGHTEEN
HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW.
3. MONEYS OF THE FUND SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF
MOTOR VEHICLES ONLY FOR THE COSTS INCURRED BY THE DEPARTMENT IN ADJUDI-
CATING LIABILITIES AND HEARING ADMINISTRATIVE APPEALS REGARDING
VIOLATIONS OF SECTIONS ELEVEN HUNDRED EIGHTY-E AND ELEVEN HUNDRED EIGHT-
Y-I OF THE VEHICLE AND TRAFFIC LAW.
4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF MOTOR VEHICLES. AT THE END OF EACH YEAR ANY MONEYS REMAINING IN THE
FUND SHALL BE RETAINED IN THE FUND AND SHALL NOT REVERT TO THE GENERAL
FUND. THE INTEREST AND INCOME EARNED ON MONEY IN THE FUND, AFTER
DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND.
§ 6. Subdivision 2 of section 87 of the public officers law is amended
by adding two new paragraphs (v) and (w) to read as follows:
S. 3008--B 39
(V) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-H OF
THE VEHICLE AND TRAFFIC LAW.
(W) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-I OF
THE VEHICLE AND TRAFFIC LAW.
§ 7. Section 16 of chapter 421 of the laws of 2021 amending the vehi-
cle and traffic law and the general municipal law relating to certain
notices of liability, is amended to read as follows:
§ 16. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that sections twelve, thirteen,
fourteen and fifteen of this act shall expire and be deemed repealed [5]
9 years after such effective date when upon such date the provisions
of such sections shall be deemed repealed; provided that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date;
and provided further, that:
(a) the amendments to the opening paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and traffic law made by
section eight of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section eight-a of this act shall take effect;
(b) the amendments to the opening paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and traffic law made by
section eight-a of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section eight-b of this act shall take effect;
(c) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-b of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-c of this act shall take
effect;
(d) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-c of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-d of this act shall take
effect;
(e) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-d of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-e of this act shall take
effect;
(f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-e of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-f of this act shall take
effect;
(g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-f of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-g of this act shall take
effect; and
(h) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-g of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
S. 3008--B 40
upon such date the provisions of section eight-h of this act shall take
effect.
§ 8. For the purpose of informing and educating owners of motor vehi-
cles in this state, an agency or authority authorized to issue notices
of liability pursuant to the provisions of this act shall, during the
first thirty-day period in which the photo violation monitoring systems
are in operation pursuant to the provisions of this act, issue a written
warning in lieu of a notice of liability to all owners of motor vehicles
who would be held liable for failure of operators thereof to comply with
subdivision (b), (d), (f) or (g) of section eleven hundred eighty of the
vehicle and traffic law in accordance with sections eleven hundred
eighty-h and eleven hundred eighty-i of the vehicle and traffic law.
Provided that agencies and authorities authorized to issue notices of
liability pursuant to this act shall evaluate establishing mobile
stations for expedited adjudication, customer service, processing of
payments for notices of liability and report on its feasibility to the
governor, temporary president of the senate, and speaker of the assembly
within one year of the effective date of this act.
§ 9. This act shall take effect immediately; provided however, that:
(a) sections one, two, three, four, five and six of this act shall
take effect on the thirtieth day after it shall have become a law;
(b) sections two and three of this act shall expire and be deemed
repealed five years after the effective date of this act.
(c) the amendments to section 1180-e of the vehicle and traffic law
made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; and
(d) the amendments to subdivisions 11 and 12 of section 1803 of the
vehicle and traffic law made by section four of this act shall not
affect the repeal of such subdivisions and shall be deemed repealed
therewith.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
PART R
Section 1. Subdivision 11 of section 120.05 of the penal law, as
amended by section 2 of part Z of chapter 55 of the laws of 2024, is
amended to read as follows:
11. With intent to cause physical injury to AN OPERATOR OR CREW OF A
PASSENGER COMMUTER FERRY AS DEFINED IN SUBDIVISION (N) OF SECTION THREE
HUNDRED OF THE TAX LAW, a train operator, ticket inspector, conductor,
signalperson, bus operator, station agent, station cleaner, terminal
cleaner, station customer assistant, traffic checker; person whose offi-
cial duties include the sale or collection of tickets, passes, vouchers,
or other revenue payment media for use on a train, bus, or ferry the
collection or handling of revenues therefrom; a person whose official
duties include the CONSTRUCTION, maintenance, repair, inspection, trou-
bleshooting, testing or cleaning of buses or ferries, a transit signal
system, elevated or underground subway tracks, transit station OR TRANS-
PORTATION structure, including fare equipment, escalators, elevators and
other equipment necessary to passenger service, commuter rail tracks or
stations, train yard, revenue train in passenger service, a ferry
station, or a train or bus station or terminal, OR ANY ROADWAYS, WALK-
WAYS, TUNNELS, BRIDGES, TOLLING FACILITIES OR THEIR SUPPORTING SYSTEMS,
S. 3008--B 41
BUILDING OR STRUCTURES; or a supervisor of such personnel, employed by
any transit or commuter rail agency, authority or company, public or
private, whose operation is authorized OR ESTABLISHED by New York state
or any of its political subdivisions, a city marshal, a school crossing
guard appointed pursuant to section two hundred eight-a of the general
municipal law, a traffic enforcement officer, traffic enforcement agent,
MOTOR VEHICLE LICENSE EXAMINER, MOTOR VEHICLE REPRESENTATIVE, HIGHWAY
WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND
TRAFFIC LAW, MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE
HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
TOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-C OF THE VEHICLE AND
TRAFFIC LAW, prosecutor as defined in subdivision thirty-one of section
1.20 of the criminal procedure law, sanitation enforcement agent, New
York city sanitation worker, public health sanitarian, New York city
public health sanitarian, registered nurse, licensed practical nurse,
emergency medical service paramedic, or emergency medical service tech-
nician, [he or she] SUCH PERSON causes physical injury to such OPERATOR
OR CREW OF A PASSENGER COMMUTER FERRY AS DEFINED IN SUBDIVISION (N) OF
SECTION THREE HUNDRED OF THE TAX LAW, train operator, ticket inspector,
conductor, signalperson, bus operator, station agent, station cleaner,
terminal cleaner, station customer assistant, traffic checker; person
whose official duties include the sale or collection of tickets, passes,
vouchers or other revenue payment media for use on a train, bus, or
ferry or the collection or handling of revenues therefrom; a person
whose official duties include the CONSTRUCTION, maintenance, repair,
inspection, troubleshooting, testing or cleaning of buses or ferries, a
transit signal system, elevated or underground subway tracks, transit
station OR TRANSPORTATION structure, including fare equipment, escala-
tors, elevators and other equipment necessary to passenger service,
commuter rail tracks or stations, train yard, revenue train in passenger
service, a ferry station, or a train or bus station or terminal, OR ANY
ROADWAYS, WALKWAYS, TUNNELS, BRIDGES, TOLLING FACILITIES OR THEIR
SUPPORTING SYSTEMS, BUILDINGS OR STRUCTURES; or a supervisor of such
personnel, city marshal, school crossing guard appointed pursuant to
section two hundred eight-a of the general municipal law, traffic
enforcement officer, traffic enforcement agent, MOTOR VEHICLE LICENSE
EXAMINER, MOTOR VEHICLE REPRESENTATIVE, HIGHWAY WORKER AS DEFINED IN
SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR
CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE
VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS DEFINED IN SECTION
ONE HUNDRED EIGHTEEN-C OF THE VEHICLE AND TRAFFIC LAW, prosecutor as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure law, registered nurse, licensed practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, emergency medical service
paramedic, or emergency medical service technician, while such employee
is performing [an assigned duty on, or directly related to,] A LAWFUL
ACT RELATED, DIRECTLY OR INDIRECTLY, TO AN EMPLOYMENT RESPONSIBILITY,
INCLUDING BUT NOT LIMITED TO the operation of a train or bus, cleaning
of a train or bus station or terminal, assisting customers, checking
traffic, the sale or collection of tickets, passes, vouchers, or other
revenue media for use on a train, bus, or ferry or maintenance or clean-
ing of a train, a bus, a ferry, or bus station or terminal, signal
system, elevated or underground subway tracks, transit station OR TRANS-
PORTATION structure, including fare equipment, escalators, elevators and
other equipment necessary to passenger service, commuter rail tracks or
S. 3008--B 42
stations, train yard or revenue train in passenger service, a ferry
station, or such city marshal, school crossing guard, traffic enforce-
ment officer, traffic enforcement agent, MOTOR VEHICLE LICENSE EXAMINER,
MOTOR VEHICLE REPRESENTATIVE, HIGHWAY WORKER AS DEFINED IN SECTION ONE
HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR CARRIER INVES-
TIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND
TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS DEFINED IN SECTION ONE HUNDRED
EIGHTEEN-C OF THE VEHICLE AND TRAFFIC LAW, OPERATOR OR CREW OF A PASSEN-
GER COMMUTER FERRY AS DEFINED IN SUBDIVISION (N) OF SECTION THREE
HUNDRED OF THE TAX LAW, prosecutor as defined in subdivision thirty-one
of section 1.20 of the criminal procedure law, registered nurse,
licensed practical nurse, public health sanitarian, New York city public
health sanitarian, sanitation enforcement agent, New York city sanita-
tion worker, emergency medical service paramedic, or emergency medical
service technician is performing an assigned duty; or
§ 2. The vehicle and traffic law is amended by adding three new
sections 118-a, 118-b and 118-c to read as follows:
§ 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
STATE, A COUNTY, CITY, TOWN, VILLAGE, A PUBLIC AUTHORITY, LOCAL AUTHORI-
TY, PUBLIC UTILITY COMPANY, OR AN AGENT OR CONTRACTOR OF ANY SUCH ENTI-
TY, OR A FLAGPERSON AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF THIS
ARTICLE, WHO HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY, PUBLIC
HIGHWAY, ROADWAY, ACCESS HIGHWAY, OR QUALIFYING HIGHWAY, OR WITHIN THE
HIGHWAY RIGHT OF WAY. SUCH WORK MAY INCLUDE, BUT SHALL NOT BE LIMITED
TO, CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, IMPROVEMENT, INSPECTION,
FLAGGING, UTILITY INSTALLATION, OR THE OPERATION OF EQUIPMENT. FOR
PURPOSES OF THIS SECTION, THE TERM "HIGHWAY RIGHT OF WAY" SHALL MEAN THE
ENTIRE WIDTH BETWEEN THE BOUNDARY LINE OF ALL PROPERTY WHICH HAS BEEN
PURCHASED, APPROPRIATED, OR DESIGNATED BY THE STATE, A MUNICIPAL ENTITY,
OR A PUBLIC BENEFIT CORPORATION FOR HIGHWAY PURPOSES, ALL PROPERTY OVER
WHICH THE COMMISSIONER OF TRANSPORTATION, ANY MUNICIPAL ENTITY, OR
PUBLIC BENEFIT CORPORATION HAS ASSUMED JURISDICTION FOR HIGHWAY
PURPOSES, AND ALL PROPERTY THAT HAS BECOME PART OF A HIGHWAY SYSTEM
THROUGH DEDICATION OR USE, INCLUDING ANY PROPERTY DEEMED NECESSARY FOR
THE MAINTENANCE, CONSTRUCTION, RECONSTRUCTION, OR IMPROVEMENT OF ANY
HIGHWAY. SUCH WORK MAY INCLUDE, BUT SHALL NOT BE LIMITED TO
CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, IMPROVEMENT, FLAGGING, UTILI-
TY INSTALLATION, OR THE OPERATION OF EQUIPMENT.
§ 118-B. MOTOR CARRIER INVESTIGATOR. ANY PERSON EMPLOYED BY THE
DEPARTMENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM INVESTI-
GATIONS OF ANY MOTOR CARRIERS REGULATED BY THE COMMISSIONER OF TRANSPOR-
TATION.
§ 118-C. MOTOR VEHICLE INSPECTOR. ANY PERSON EMPLOYED BY THE DEPART-
MENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF
ANY MOTOR VEHICLES REGULATED BY THE COMMISSIONER OF TRANSPORTATION.
§ 2-a. The commissioner of motor vehicles shall undertake a public
education campaign to alert customers of the changes to 120.05 of the
penal law providing for increased penalties for assaulting employees
performing various motor vehicle-related public functions, as amended by
section one of this act, and may coordinate with county clerks perform-
ing similar functions.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
PART S
S. 3008--B 43
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part BB of chapter 58 of the laws of 2024, is
amended to read as follows:
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2025] 2026 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 2. This act shall take effect immediately.
PART T
Section 1. Subdivision 7 of section 2611 of the public authorities
law, as amended by section 1 of part NN of chapter 58 of the laws of
2019, is amended to read as follows:
7. To enter into contracts, leases and subleases and to execute all
instruments necessary or convenient for the conduct of authority busi-
ness, including agreements with the park district and any state agency
which administers, owns or supervises any olympic facility or Belleayre
Mountain ski center, as provided in sections twenty-six hundred twelve
and twenty-six hundred fourteen of this title[, and including contracts
or other agreements to plan, prepare for and host the two thousand twen-
ty-three World University Games to be held in Lake Placid, New York
where such contracts or agreements would obligate the authority to
defend, indemnify and/or insure third parties in connection with, aris-
ing out of, or relating to such games, such authority to be limited by
the amount of any lawful appropriation or other funding such as a
performance bond surety, or other collateral instrument for that
purpose. With respect to the two thousand twenty-three World University
Games, the amount of such appropriation shall be no more than sixteen
million dollars]. THIS SHALL INCLUDE THE POWER TO ENTER INTO CONTRACTS
OR OTHER AGREEMENTS TO JOIN RECIPROCAL SKI PASS PROGRAMS WITH OTHER SKI
AREAS, WHERE THE MEMBERS OF SUCH RECIPROCAL PASS PROGRAM ARE REQUIRED TO
DEFEND AND/OR INDEMNIFY ONE OR MORE OTHER MEMBERS OF SUCH PROGRAM FOR
CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATING TO, SUCH CONTRACT
OR AGREEMENT. THIS POWER SHALL BE LIMITED BY THE AMOUNT OF THE AUTHORI-
TY'S DISCRETIONARY FUNDS, ANY LAWFUL APPROPRIATION, OR OTHER FUNDING, UP
TO A LIMIT OF TWO HUNDRED FIFTY THOUSAND DOLLARS PER SUCH CLAIM OR CAUSE
OF ACTION;
§ 2. This act shall take effect immediately.
PART U
Section 1. The general business law is amended by adding a new article
47 to read as follows:
ARTICLE 47
ARTIFICIAL INTELLIGENCE COMPANION MODELS
SECTION. 1700. DEFINITIONS.
1701. PROHIBITIONS AND REQUIREMENTS.
1702. NOTIFICATIONS.
1703. ENFORCEMENT.
1704. SEVERABILITY.
S. 3008--B 44
§ 1700. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "ARTIFICIAL INTELLIGENCE", "ARTIFICIAL INTELLIGENCE TECHNOLOGY", OR
"AI" MEANS A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF HUMAN-DE-
FINED OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS INFLU-
ENCING REAL OR VIRTUAL ENVIRONMENTS, AND THAT USES MACHINE- AND HUMAN-
BASED INPUTS TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH
PERCEPTIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE
MODEL INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION.
2. "GENERATIVE ARTIFICIAL INTELLIGENCE" MEANS A CLASS OF AI MODELS
THAT EMULATE THE STRUCTURE AND CHARACTERISTICS OF INPUT DATA OR TRAINING
DATA TO GENERATE DERIVED SYNTHETIC CONTENT, INCLUDING, BUT NOT LIMITED
TO, IMAGES, VIDEOS, AUDIO, TEXT, AND OTHER DIGITAL CONTENT.
3. "AI MODEL" MEANS A COMPONENT OF AN INFORMATION SYSTEM THAT IMPLE-
MENTS ARTIFICIAL INTELLIGENCE TECHNOLOGY AND USES COMPUTATIONAL, STATIS-
TICAL, OR MACHINE-LEARNING TECHNIQUES TO PRODUCE OUTPUTS FROM A GIVEN
SET OF INPUTS.
4. "AI COMPANION" MEANS A SYSTEM USING ARTIFICIAL INTELLIGENCE, GENER-
ATIVE ARTIFICIAL INTELLIGENCE, AND/OR EMOTIONAL RECOGNITION ALGORITHMS
TO SIMULATE HUMAN-LIKE INTERPERSONAL INTERACTIONS, BY RETAINING INFORMA-
TION ON PRIOR INTERACTIONS AND USER PREFERENCE, ASKING QUESTIONS,
PROVIDING ADVICE, OR ENGAGING IN SIMULATED CONVERSATION. HUMAN-LIKE
INTERPERSONAL INTERACTIONS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
ROMANTIC, PLATONIC, FAMILIAL, ADVERSARIAL, PROFESSIONAL, OFFICIAL, THER-
APEUTIC, OR STRANGER INTERACTIONS THAT ARE BETWEEN A USER AND A
FICTIONAL OR NON-FICTIONAL CHARACTER OR GROUP OF CHARACTERS. AI COMPAN-
ION SHALL NOT INCLUDE ANY SYSTEM USED BY A BUSINESS ENTITY SOLELY FOR
CUSTOMER SERVICE OR TO STRICTLY PROVIDE USERS WITH INFORMATION ABOUT
AVAILABLE COMMERCIAL SERVICES OR PRODUCTS PROVIDED BY SUCH ENTITY,
CUSTOMER ACCOUNT INFORMATION, OR OTHER INFORMATION STRICTLY RELATED TO
ITS CUSTOMER SERVICE.
5. "OPERATOR" MEANS ANY PERSON, PARTNERSHIP, ASSOCIATION, FIRM, OR
BUSINESS ENTITY, OR ANY MEMBER, AFFILIATE, SUBSIDIARY OR BENEFICIAL
OWNER OF ANY PARTNERSHIP, ASSOCIATION, FIRM, OR BUSINESS ENTITY WHO
OPERATES OR PROVIDES AN AI COMPANION.
6. "PERSON" MEANS ANY NATURAL PERSON.
7. "EMOTIONAL RECOGNITION ALGORITHMS" MEANS ARTIFICIAL INTELLIGENCE
THAT DETECTS AND INTERPRETS HUMAN EMOTIONAL SIGNALS IN TEXT (USING
NATURAL LANGUAGE PROCESSING AND SENTIMENT ANALYSIS), AUDIO (USING VOICE
EMOTION AI), VIDEO (USING FACIAL MOVEMENT ANALYSIS, GAIT ANALYSIS, OR
PHYSIOLOGICAL SIGNALS), OR A COMBINATION THEREOF.
8. "USER" MEANS ANY PERSON WHO USES AN AI COMPANION WITHIN THE STATE
AND WHO IS NOT AN OPERATOR OR AGENT OR AFFILIATE OF THE OPERATOR OF THE
AI COMPANION.
§ 1701. PROHIBITIONS AND REQUIREMENTS. IT SHALL BE UNLAWFUL FOR ANY
OPERATOR TO OPERATE OR PROVIDE AN AI COMPANION TO A USER UNLESS SUCH AI
COMPANION CONTAINS A PROTOCOL FOR ADDRESSING POSSIBLE SUICIDAL IDEATION
OR SELF-HARM EXPRESSED BY A USER TO THE AI COMPANION, THAT INCLUDES BUT
IS NOT LIMITED TO:
1. DETECTION OF USER EXPRESSIONS OF POSSIBLE SUICIDAL IDEATION OR
SELF-HARM;
2. CEASING A USER'S ACCESS TO AN AI COMPANION FOR AT LEAST TWENTY-FOUR
HOURS UPON DETECTION OF SUCH USER'S EXPRESSIONS OF POSSIBLE SUICIDAL
IDEATION OR SELF-HARM; AND
3. A NOTIFICATION TO THE USER THAT REFERS THEM TO CRISIS SERVICE
PROVIDERS SUCH AS A SUICIDE HOTLINE, CRISIS TEXT LINE, OR OTHER APPRO-
S. 3008--B 45
PRIATE CRISIS SERVICES UPON DETECTION OF SUCH USER'S EXPRESSIONS OF
POSSIBLE SUICIDAL IDEATION OR SELF-HARM AND WHEN THE NOTIFICATION MAY BE
BENEFICIAL TO A USER'S WELL-BEING.
§ 1702. NOTIFICATIONS. THE OWNER, LICENSEE OR OPERATOR OF A GENERA-
TIVE ARTIFICIAL INTELLIGENCE SYSTEM SHALL CLEARLY AND CONSPICUOUSLY
DISPLAY A WARNING ON THE SYSTEM'S USER INTERFACE THAT IS REASONABLY
CALCULATED TO CONSISTENTLY AND AT ALL TIMES DISCLOSE TO THE USER THAT
THEY ARE COMMUNICATING WITH A COMPUTER AND NOT A HUMAN AND THAT THE
OUTPUTS OF THE GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM MAY BE INACCU-
RATE AND/OR INAPPROPRIATE.
§ 1703. ENFORCEMENT. 1. ANY PERSON AGGRIEVED BY A VIOLATION OF
SECTION SEVENTEEN HUNDRED ONE OR SEVENTEEN HUNDRED TWO OF THIS ARTICLE
MAY BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION FOR DAMAGES,
EQUITABLE RELIEF, AND SUCH OTHER REMEDIES AS THE COURT MAY DEEM APPRO-
PRIATE.
2. WHERE THE OWNER, LICENSEE OR OPERATOR OF A GENERATIVE ARTIFICIAL
INTELLIGENCE SYSTEM FAILS TO PROVIDE THE WARNING REQUIRED IN SECTION
SEVENTEEN HUNDRED TWO OF THIS ARTICLE, SUCH OWNER, LICENSEE OR OPERATOR
SHALL BE ASSESSED A CIVIL PENALTY OF THE GREATER OF FIVE THOUSAND
DOLLARS OR UP TO ONE HUNDRED DOLLARS PER INSTANCE AND PER DAY OF FAILED
NOTIFICATION. EACH CALENDAR YEAR DURING WHICH A VIOLATION CONTINUES
SHALL CONSTITUTE A SEPARATE VIOLATION FOR THE PURPOSE OF THIS SUBDIVI-
SION.
§ 1704. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
SECTION OR PART OF THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT
JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR
INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION
TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF
DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE
BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE
THAT THIS ACT WOULD HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS
HAD NOT BEEN INCLUDED HEREIN.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART V
Intentionally Omitted
PART W
Section 1. Subdivisions 2 and 3 of section 527 of the general business
law, as added by chapter 267 of the laws of 2020, are amended to read as
follows:
2. ["Automatic renewal offer terms" means the following clear and
conspicuous disclosures:
a. that the subscription or purchasing agreement will continue until
the consumer cancels;
b. the description of the cancellation policy that applies to the
offer;
c. the recurring charges that will be charged to the consumer's credit
or debit card or payment account with a third party as part of the auto-
matic renewal plan or arrangement, and that the amount of the charge may
change, if that is the case, and the amount to which the charge will
change, if known;
S. 3008--B 46
d. the length of the automatic renewal term or that the service is
continuous, unless the length of the term is chosen by the consumer; and
e. the minimum purchase obligation, if any] "KNOWING" MEANS THAT A
PERSON, WITH RESPECT TO INFORMATION:
A. HAS ACTUAL KNOWLEDGE OF THE INFORMATION;
B. ACTS IN DELIBERATE IGNORANCE OF THE TRUTH OR FALSITY OF THE INFOR-
MATION; OR
C. ACTS IN RECKLESS DISREGARD OF THE TRUTH OR FALSITY OF THE INFORMA-
TION.
3. "Clear and conspicuous" means [in larger type than the surrounding
text, or in contrasting type, font, or color to the surrounding text of
the same size, or set off from the surrounding text of the same size by
symbols or other marks, in a manner that clearly calls attention to the
language. In the case of an audio disclosure, "clear and conspicuous"
means in a volume and cadence sufficient to be readily audible and
understandable] THAT A REQUIRED DISCLOSURE IS EASILY NOTICEABLE (I.E.,
DIFFICULT TO MISS) AND EASILY UNDERSTANDABLE BY ORDINARY CONSUMERS,
INCLUDING IN ALL OF THE FOLLOWING WAYS:
A. IN ANY COMMUNICATION THAT IS SOLELY VISUAL OR SOLELY AUDIBLE, THE
DISCLOSURE MUST BE MADE THROUGH THE SAME MEANS THROUGH WHICH THE COMMU-
NICATION IS PRESENTED. IN ANY COMMUNICATION MADE THROUGH BOTH VISUAL AND
AUDIBLE MEANS, SUCH AS A TELEVISION ADVERTISEMENT, THE DISCLOSURE MUST
BE PRESENTED SIMULTANEOUSLY IN BOTH THE VISUAL AND AUDIBLE PORTIONS OF
THE COMMUNICATION EVEN IF THE REPRESENTATION REQUIRING THE DISCLOSURE IS
MADE IN ONLY ONE MEANS;
B. A VISUAL DISCLOSURE, BY ITS SIZE, CONTRAST, LOCATION, THE LENGTH OF
TIME IT APPEARS, AND OTHER CHARACTERISTICS, MUST STAND OUT FROM ANY
ACCOMPANYING TEXT OR OTHER VISUAL ELEMENTS SO THAT IT IS EASILY NOTICED,
READ, AND UNDERSTOOD;
C. AN AUDIBLE DISCLOSURE, INCLUDING BY TELEPHONE OR STREAMING VIDEO,
MUST BE DELIVERED IN A VOLUME, SPEED, AND CADENCE SUFFICIENT FOR ORDI-
NARY CONSUMERS TO EASILY HEAR AND UNDERSTAND IT;
D. IN ANY COMMUNICATION USING THE INTERNET, MOBILE APPLICATION, OR
SOFTWARE, THE DISCLOSURE MUST BE UNAVOIDABLE;
E. THE DISCLOSURE MUST USE DICTION AND SYNTAX UNDERSTANDABLE TO ORDI-
NARY CONSUMERS AND MUST APPEAR IN EACH LANGUAGE IN WHICH THE REPRESEN-
TATION THAT REQUIRES THE DISCLOSURE APPEARS;
F. THE DISCLOSURE MUST COMPLY WITH THESE REQUIREMENTS IN EACH MEDIUM
THROUGH WHICH IT IS RECEIVED, INCLUDING ALL ELECTRONIC DEVICES AND FACE-
TO-FACE COMMUNICATIONS;
G. THE DISCLOSURE MUST NOT BE CONTRADICTED OR MITIGATED BY, OR INCON-
SISTENT WITH, ANYTHING ELSE IN THE COMMUNICATION; AND
H. WHEN THE REPRESENTATION OR SALES PRACTICE TARGETS A SPECIFIC AUDI-
ENCE, SUCH AS CHILDREN, OLDER ADULTS, OR THE TERMINALLY ILL, "ORDINARY
CONSUMERS" INCLUDES MEMBERS OF THAT GROUP.
§ 2. Section 527-a of the general business law, as added by chapter
267 of the laws of 2020, subdivisions 3 and 8 as amended by chapter 728
of the laws of 2023, is amended to read as follows:
§ 527-a. Unlawful practices. 1. It shall be unlawful for any business
making an automatic renewal or continuous service offer to a consumer in
this state to [do any of the following]:
a. fail to present TO THE CONSUMER, IN A CLEAR AND CONSPICUOUS MANNER,
the MATERIAL TERMS OF ANY automatic renewal offer [terms] or continuous
service offer [terms in a clear and conspicuous manner], INCLUDING BUT
NOT LIMITED TO A DESCRIPTION OF THE PRODUCT OR SERVICE SUBJECT TO
RENEWAL, THE AMOUNT OF THE COSTS THAT WILL BE CHARGED, THE FREQUENCY OF
S. 3008--B 47
CHARGES, AND THE DEADLINE BY DATE OR FREQUENCY BY WHICH THE CONSUMER
MUST ACT TO PREVENT OR STOP FURTHER CHARGES, before CONSENT TO the
[subscription or purchasing agreement is fulfilled] OFFER OR BILLING
INFORMATION HAS BEEN REQUESTED and in visual proximity, or in the case
of an offer conveyed by voice, in temporal proximity, to the request for
consent to the offer. If the offer also includes a free gift or [trial]
THE PRICE IS TEMPORARY, the offer shall include a clear and conspicuous
explanation of HOW AND WHEN THE PRICE WILL CHANGE AND the price OR PRIC-
ES that will SUBSEQUENTLY be charged [after the trial ends or the manner
in which the subscription or purchasing agreement pricing will change
upon conclusion of the trial] TO THE CONSUMER;
b. charge the consumer's credit or debit card or the consumer's
account with a third party for an automatic renewal or continuous
service, OR FOR ANY PREVIOUSLY UNDISCLOSED INCREASED PRICE, RELATING TO
AN AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER TO WHICH THE CONSUMER
PREVIOUSLY CONSENTED, without first obtaining the consumer's EXPRESS
affirmative consent to [the agreement containing] the CHANGES IN PRICE,
automatic renewal offer terms or continuous service offer terms, includ-
ing the terms of an automatic renewal offer or continuous service offer
that is made at a promotional or discounted price for a limited period
of time; [or]
c. fail to provide an acknowledgment [that includes the automatic
renewal or continuous service offer terms], cancellation policy, [and]
information regarding how to cancel, AND THE TERMS OF THE AUTOMATIC
RENEWAL, CONTINUOUS SERVICE OFFER, OR INCREASED PRICE, AT OR PROMPTLY
FOLLOWING ACCEPTANCE in a manner [that is] capable of being retained by
the consumer. If the offer includes a free gift or trial[, the business
shall also disclose in the acknowledgment how to cancel and allow the
consumer to cancel before the consumer pays for the goods or services.]
FOR A PERIOD OF MORE THAN A MONTH FOLLOWED BY AN UPCOMING AUTOMATIC
RENEWAL OR CONTINUOUS SERVICE CHARGE TO SUCH CONSUMER'S ACCOUNT, THE
BUSINESS SHALL PROVIDE SUCH ACKNOWLEDGEMENT AT LEAST THREE DAYS BEFORE,
BUT NOT MORE THAN TWENTY-ONE DAYS BEFORE, THE CANCELLATION DEADLINE FOR
SUCH AUTOMATIC RENEWAL OR CONTINUOUS SERVICE CHARGE. IF THE OFFER
INCLUDES A FREE GIFT OR TRIAL FOR A PERIOD LESS THAN A MONTH BUT MORE
THAN THREE DAYS, FOLLOWED BY AN UPCOMING AUTOMATIC RENEWAL OR CONTINUOUS
SERVICE CHARGES TO THE CONSUMER'S ACCOUNT, THE BUSINESS SHALL PROVIDE
SUCH ACKNOWLEDGEMENT AT LEAST THREE DAYS BEFORE THE CANCELLATION DEAD-
LINE OR CONTINUOUS SERVICE CHARGE. SUCH ACKNOWLEDGEMENT NOTICE SHALL
INCLUDE INSTRUCTIONS ON HOW TO CANCEL AND ALLOW THE CONSUMER TO CANCEL
BEFORE THE CONSUMER PAYS FOR THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE
CHARGE. SUCH ACKNOWLEDGMENT INCLUDES:
(I) A CLEAR AND CONSPICUOUS DISCLOSURE TO THE CONSUMER OF THE MECH-
ANISM BY WHICH THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER MAY BE
CANCELLED, PROVIDED THAT ANY CANCELLATION MECHANISM MUST BE AT LEAST AS
EASY TO ACCESS AND USE AS THE MECHANISM BY WHICH THE CONSUMER PROVIDED
CONSENT; AND
(II) CONTACT INFORMATION FOR THE BUSINESS, INCLUDING A TOLL-FREE TELE-
PHONE NUMBER, EMAIL ADDRESS, AND WEB ADDRESS, IF A WEBSITE IS MAIN-
TAINED;
D. FAIL TO PROVIDE THE CONSUMER WITH THE OPTION TO CANCEL AT ANY TIME,
AT MINIMUM THROUGH ANY AND ALL MEDIUMS THAT THE BUSINESS USES TO SELL,
OFFER OR MARKET ITS SERVICES TO POTENTIAL CUSTOMERS, AND ANY MEDIUM BY
WHICH CONSUMERS MAY ACCEPT AN AUTOMATIC RENEWAL, CONTINUOUS SERVICE
OFFER, OR ANY PRICE INCREASE, PROVIDED FURTHER THAT:
S. 3008--B 48
(I) WHERE A DIRECT CONNECTION TO A LIVE OR AUTOMATED PROCESS FOR
CANCELLING THE SERVICE THROUGH THE TOLL-FREE NUMBER IS PROVIDED TO THE
CONSUMER, SUCH OPTION SHALL AT MINIMUM ALWAYS BE AVAILABLE DURING NORMAL
BUSINESS HOURS, AND IF A CONSUMER LEAVES A VOICEMAIL WITH A BUSINESS
REQUESTING CANCELLATION, THE BUSINESS SHALL, WITHIN ONE BUSINESS DAY,
PROCESS THE REQUESTED CANCELLATION;
(II) AN OPTION TO CANCEL THROUGH A BUSINESS EMAIL ADDRESS IS ALWAYS
PROVIDED TO THE CONSUMER, INCLUDING AN IMMEDIATELY ACCESSIBLE TERMI-
NATION EMAIL FORMATTED AND PROVIDED BY THE BUSINESS THAT A CONSUMER CAN
SEND TO THE BUSINESS WITHOUT ADDITIONAL INFORMATION; AND
(III) A "CANCEL" BUTTON OR LINK SHALL BE CLEARLY AND CONSPICUOUSLY
DISPLAYED ON THE BUSINESS WEBSITE, INCLUDING BUT NOT LIMITED TO A
DISPLAY ON THE ACCOUNT, PROFILE OR SETTINGS PAGES OF THE WEBSITE;
E. IMPOSE UNREASONABLE OR UNLAWFUL CONDITIONS UPON, REFUSE TO ACKNOWL-
EDGE, OBSTRUCT OR DELAY CANCELLATION REQUESTED OR ATTEMPTS TO REQUEST
CANCELLATION BY A CONSUMER;
[2. A business that makes an automatic renewal offer or continuous
service offer shall provide a toll-free telephone number, electronic
mail address, a postal address only when the seller directly bills the
consumer, or another cost-effective, timely, and easy-to-use mechanism
for cancellation that shall be described in the acknowledgment specified
in paragraph c of subdivision one of this section.
3. a. In addition to the requirements of subdivision two of this
section, a consumer who accepts an automatic renewal or continuous
service offer online shall be allowed to terminate the automatic renewal
or continuous service exclusively online, which may include a termi-
nation email formatted and provided by the business that a consumer can
send to the business without additional information.
b. A business that allows a consumer to accept an automatic renewal or
continuous service offer for an initial paid term of one year or longer,
provided that such automatic renewal or continuous service renews for a
paid term of six months or longer, shall] F. FAIL TO notify [such] A
consumer of [such upcoming] AN automatic renewal or continuous service
charge [to such consumer's account] FOR AN AUTOMATIC RENEWAL OR CONTIN-
UOUS SERVICE OFFER WITH AN INITIAL PAID TERM OF ONE YEAR OR LONGER at
least fifteen days before, but not more than forty-five days before, the
[cancellation deadline for such] DATE OF THE automatic renewal[. Such
notice shall include instructions on how to cancel such renewal charge.
c. The provisions of paragraph b of this subdivision shall not apply
to any business, or subsidiary or affiliate thereof, regulated by the
public service commission or the federal communications commission.
4. In the case of a material change in the terms of the automatic
renewal or continuous service offer that has been accepted by a consumer
in this state, the business shall] IN THE MANNER SELECTED BY THE CONSUM-
ER, INCLUDING TEXT, EMAIL, APP NOTIFICATION OR ANY OTHER NOTIFICATION
CHANNEL OFFERED BY THE BUSINESS. SUCH NOTICE SHALL INCLUDE INSTRUCTIONS
ON HOW TO CANCEL SUCH RENEWAL CHARGE; OR
G. FAIL TO provide [the] A consumer WHO HAS ACCEPTED AN AUTOMATIC
RENEWAL OR CONTINUOUS SERVICE OFFER with a clear and conspicuous notice
of [the] ANY material change [and provide information regarding how to
cancel in a manner that is capable of being retained by the consumer.
5. The requirements of this article shall apply only prior to the
completion of the initial order for the automatic renewal or continuous
service, except as follows:
a. The requirement in paragraph c of subdivision one of this section
may be fulfilled after completion of the initial order.
S. 3008--B 49
b. The requirement in subdivision four of this section shall be
fulfilled prior to implementation of the material change.
6.] TO THE TERMS OF THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER,
INCLUDING ANY PREVIOUSLY UNDISCLOSED PRICE INCREASES, AT LEAST FIVE
BUSINESS DAYS PRIOR TO THE DATE OF THE CHANGE, IN THE SAME MANNER AS
REQUIRED BY PARAGRAPH F OF THIS SUBDIVISION. IN THE CASE OF A CHANGE IN
THE FEE CHARGED UNDER AN EXISTING AUTOMATIC RENEWAL OR CONTINUOUS
SERVICE OFFER THAT HAS BEEN ACCEPTED BY A CONSUMER, THE BUSINESS SHALL
PROVIDE, NO LESS THAN SEVEN DAYS AND NO MORE THAN THIRTY DAYS BEFORE THE
FEE CHANGE TAKES EFFECT, THE CONSUMER WITH BOTH OF THE FOLLOWING: (I) A
CLEAR AND CONSPICUOUS NOTICE OF THE FEE CHANGE; AND (II) INFORMATION
REGARDING HOW TO CANCEL SUCH AUTOMATIC RENEWAL OR CONTINUOUS SERVICE IN
A MANNER THAT IS CAPABLE OF BEING RETAINED BY THE CONSUMER.
1-A. NOTWITHSTANDING ANYTHING TO THE CONTRARY, AT MINIMUM, A BUSINESS
THAT MAKES AN AUTOMATIC RENEWAL OFFER OR CONTINUOUS SERVICE OFFER SHALL
AT ALL TIMES PROVIDE A COST-EFFECTIVE, TIMELY, AND EASY-TO-USE MECHANISM
FOR CANCELLATION THAT SHALL BE DESCRIBED IN THE ACKNOWLEDGMENTS SPECI-
FIED IN PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION. FOR CANCELLATION
OF CONSENT OBTAINED IN PERSON, IN ADDITION TO OFFERING CANCELLATION,
WHERE PRACTICAL, VIA AN IN-PERSON METHOD SIMILAR TO THAT THE CONSUMER
USED TO CONSENT, THE BUSINESS SHALL AT LEAST OFFER CANCELLATION THROUGH
AN ONLINE MECHANISM OR OVER A TELEPHONE NUMBER.
2. In any case in which a business sends any goods, wares, merchan-
dise, or products to a consumer, under a continuous service agreement or
automatic renewal of a purchase, without first obtaining the consumer's
affirmative consent, the goods, wares, merchandise, or products shall
for all purposes be deemed an unconditional gift to the consumer, who
may use or dispose of the same in any manner [he or she] SUCH CONSUMER
sees fit without any obligation whatsoever on the consumer's part to the
business, including, but not limited to, bearing the cost of, or respon-
sibility for, shipping any goods, wares, merchandise, or products to the
business.
[7.] 3. Whenever there shall be a violation of this section, an appli-
cation may be made by the attorney general in the name of the people of
the state of New York to a court or justice having jurisdiction to issue
an injunction, and upon notice to the defendant of not less than five
days, to enjoin and restrain the continuance of such violations; and if
it shall appear to the satisfaction of the court or justice that the
defendant has in fact, violated this section, an injunction may be
issued by such court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding the court may make
allowances to the attorney general as provided in section eighty-three
hundred three of the civil practice law and rules, and direct restitu-
tion. In connection with any such proposed application, the attorney
general is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil prac-
tice law and rules. Whenever the court shall determine that a violation
of this section has occurred, the court may impose a civil penalty of
not more than one hundred dollars for a single violation and not more
than five hundred dollars for multiple violations resulting from a
single act or incident. A knowing violation of this section shall be
punishable by a civil penalty of not more than five hundred dollars for
a single violation and not more than one thousand dollars for multiple
violations resulting from a single act or incident. No business shall be
deemed to have violated the provisions of this section if such business
S. 3008--B 50
shows, by a preponderance of the evidence, that the violation was not
intentional and resulted from a bona fide error made notwithstanding the
maintenance of procedures reasonably adopted to avoid such error.
[8.] 4. The following are exempt from the requirements of this arti-
cle:
a. any service provided by a business or its affiliate where either
the business or its affiliate is doing business pursuant to a franchise
issued by a political subdivision of the state;
b. any entity, or subsidiary or affiliate thereof, regulated by the
department of financial services;
c. security system alarm operators;
d. banks, bank holding companies, or the subsidiary or affiliate of
either, or credit unions or other financial institutions, licensed under
state or federal law; and
e. sellers and administrators of a service contract, as defined pursu-
ant to section seven thousand nine hundred two of the insurance law.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
PART X
Section 1. Section 349-a of the general business law is renumbered
349-h and a new section 349-a is added to read as follows:
§ 349-A. PRICING. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ALGORITHM" MEANS A COMPUTATIONAL PROCESS THAT USES A SET OF RULES
TO DEFINE A SEQUENCE OF OPERATIONS.
(B) "CLEAR AND CONSPICUOUS DISCLOSURE" MEANS DISCLOSURE IN THE SAME
MEDIUM AS, AND PROVIDED ON, AT, OR NEAR AND CONTEMPORANEOUS WITH EVERY
ADVERTISEMENT, DISPLAY, IMAGE, OFFER OR ANNOUNCEMENT OF A PRICE FOR
WHICH NOTICE IS REQUIRED, USING LETTERING AND WORDING THAT IS EASILY
VISIBLE AND UNDERSTANDABLE TO THE AVERAGE CONSUMER.
(C) "CONSUMER" MEANS A NATURAL PERSON WHO IS SEEKING OR SOLICITED TO
PURCHASE, LEASE OR RECEIVE A GOOD OR SERVICE FOR PERSONAL, FAMILY OR
HOUSEHOLD USE.
(D) "CONSUMER DATA" MEANS ANY DATA THAT IDENTIFIES OR COULD REASONABLY
BE LINKED, DIRECTLY OR INDIRECTLY, WITH A SPECIFIC NATURAL PERSON OR
DEVICE, EXCLUDING LOCATION DATA.
(E) "DYNAMIC PRICING" MEANS PRICING THAT FLUCTUATES DEPENDENT ON
CONDITIONS.
(F) "PERSONALIZED ALGORITHMIC PRICING" MEANS DYNAMIC PRICING DERIVED
FROM OR SET BY AN ALGORITHM THAT USES CONSUMER DATA AS DEFINED IN THIS
SECTION, WHICH MAY VARY AMONG INDIVIDUAL CONSUMERS OR CONSUMER POPU-
LATIONS, PROVIDED, HOWEVER, THAT PERSONALIZED ALGORITHMIC PRICING SHALL
NOT INCLUDE REDUCTION IN PRICE BASED ON PROMOTIONAL OFFERS, LOYALTY
PROGRAM BENEFITS, OR OTHER TEMPORARY DISCOUNTS FOR THE RETENTION OF
EXISTING CUSTOMERS.
(G) "PERSON" MEANS ANY NATURAL PERSON, FIRM, ORGANIZATION, PARTNER-
SHIP, ASSOCIATION, CORPORATION, OR ANY OTHER ENTITY DOMICILED OR DOING
BUSINESS IN NEW YORK STATE.
2. IT SHALL CONSTITUTE A DECEPTIVE ACT OR PRACTICE IN VIOLATION OF
SECTION THREE HUNDRED FORTY-NINE OF THIS ARTICLE FOR ANY PERSON TO KNOW-
INGLY ADVERTISE, PROMOTE, LABEL OR PUBLISH A STATEMENT, DISPLAY, IMAGE,
OFFER OR ANNOUNCEMENT OF PERSONALIZED ALGORITHMIC PRICING USING CONSUMER
DATA SPECIFIC TO A PARTICULAR INDIVIDUAL WITHOUT A CLEAR AND CONSPICUOUS
DISCLOSURE THAT STATES:
S. 3008--B 51
"THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA".
§ 2. Subdivision 3 of section 396 of the general business law is
renumbered subdivision 4 and a new subdivision 3 is added to read as
follows:
3. A. FOR PURPOSES OF THIS SUBDIVISION, "PROTECTED CLASS DATA" MEANS
INFORMATION ABOUT AN INDIVIDUAL PERSON OR GROUPS OF PEOPLE THAT DIRECT-
LY, IN COMBINATION, OR BY IMPLICATION IDENTIFIES A CHARACTERISTIC THAT
IS LEGALLY PROTECTED FROM DISCRIMINATION UNDER THE LAWS OF THIS STATE OR
UNDER FEDERAL LAW, INCLUDING BUT NOT LIMITED TO ETHNICITY, NATIONAL
ORIGIN, AGE, DISABILITY, SEX, SEXUAL ORIENTATION, GENDER IDENTITY AND
EXPRESSION, PREGNANCY OUTCOMES AND REPRODUCTIVE HEALTH CARE.
B. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION, OR AGENT
OR EMPLOYEE THEREOF, SHALL USE PROTECTED CLASS DATA IN SETTING A PRICE
FOR, OFFERING, MARKETING, OR SELLING ANY GOOD OR SERVICE IF THE USE OF
THAT DATA HAS THE EFFECT OF WITHHOLDING OR DENYING A PERSON, TO WHOM THE
PROTECTED CLASS DATA PERTAINS TO, ANY OF THE ACCOMMODATIONS, ADVANTAGES,
UTILITY, OR PRIVILEGES ACCORDED TO OTHERS WHO DO NOT SHARE THE CHARAC-
TERISTICS OF SUCH PROTECTED CLASS DATA.
C. NOTHING IN THIS SUBDIVISION SHALL APPLY TO:
(I) ANY INSURANCE POLICY OFFERINGS ENUMERATED UNDER SECTION ONE THOU-
SAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW, INCLUDING POLICIES
PROCURED BY A DULY LICENSED EXCESS LINE BROKER PURSUANT TO SECTION TWO
THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW;
(II) AN ENTITY SUBJECT TO THE FEDERAL FAIR CREDIT REPORTING ACT (15
U.S. CODE § 1681) WHEN PROCESSING INFORMATION IN COMPLIANCE WITH SUCH
ACT OR ITS IMPLEMENTING;
(III) AN ENTITY SUBJECT TO THE GRAMM-LEACH-BLILEY ACT (PUBLIC LAW NO.
106-102) PROCESSING INFORMATION IN COMPLIANCE WITH SUCH ACT OR ITS
IMPLEMENTING REGULATIONS;
(IV) PRICING ASSOCIATED WITH MEMBERSHIP-BASED PROGRAMS OFFERING EXCLU-
SIVE BENEFITS, SERVICES, OR DISCOUNTS RELATED TO CUSTOMER AFFILIATION
WITH AN ORGANIZATION OR GROUP, PROVIDED THAT SUCH PROGRAM IS NOT PRIMA-
RILY ENGAGED IN THE SALE OF GOODS OR SERVICES TO THE GENERAL PUBLIC AT
RETAIL; OR
(V) PRICING NECESSARY FOR COMPLIANCE WITH LOCAL, STATE OR FEDERAL LAW.
§ 3. Paragraph d of subdivision 4 of section 396 of the general busi-
ness law, as added by chapter 689 of the laws of 2022 and as renumbered
by section two of this act, is amended to read as follows:
d. IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS SECTION, ANY
PERSON AGGRIEVED BY A VIOLATION OF SUBDIVISION THREE OF THIS SECTION MAY
FILE AN ACTION IN ACCORDANCE WITH SECTION TWO HUNDRED NINETY-SEVEN OF
THE EXECUTIVE LAW. Nothing in this section shall in any way limit rights
or remedies which are otherwise available under law to the attorney
general or any other person authorized to bring an action under this
section.
§ 3-a. Section 396 of the general business law is amended by adding a
new subdivision 5 to read as follows:
5. A ONLINE RETAILER THAT ALSO FUNCTIONS AS A MARKETPLACE FOR THE SALE
OF GOODS TO CONSUMERS IN THIS STATE, WITH TOTAL ANNUAL REVENUE EXCEEDING
ONE BILLION DOLLARS, MAY NOT ALTER THE INITIALLY PUBLISHED PRICE ESTAB-
LISHED THROUGH DYNAMIC PRICING LISTED ON ANY PRODUCT MORE THAN ONCE IN A
SINGLE CALENDAR DAY. ONCE PRICE FOR A GOOD IS ESTABLISHED, IT MUST BE
RETAINED FOR THE ENTIRETY OF THE CALENDAR DAY REGARDLESS OF LOCATION OR
PURCHASING BEHAVIOR OF THE CONSUMER. NOTHING IN THIS SUBDIVISION SHALL
APPLY TO AUCTION-BASED LISTINGS, PROVIDED SUCH LISTINGS ARE PROMOTED AS
S. 3008--B 52
SUCH. FOR THE PURPOSES OF THIS SECTION, "DYNAMIC PRICING" SHALL HAVE THE
SAME MEANING AS SECTION THREE HUNDRED FORTY-NINE-A OF THIS CHAPTER.
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law.
PART Y
Section 1. The banking law is amended by adding a new article 14-B to
read as follows:
ARTICLE 14-B
BUY-NOW-PAY-LATER LENDERS
SECTION 735. SHORT TITLE.
736. DEFINITIONS.
737. LICENSE.
738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED.
739. LICENSE PROVISIONS AND POSTING.
740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK.
741. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE.
742. SUPERINTENDENT AUTHORIZED TO EXAMINE.
743. LICENSEE'S BOOKS AND RECORDS; REPORTS.
744. ACTS PROHIBITED.
745. LIMITATION ON CHARGES.
746. CONSUMER PROTECTIONS.
747. AUTHORITY OF SUPERINTENDENT.
748. PENALTIES.
749. SEVERABILITY.
§ 735. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "BUY-NOW-PAY-LATER ACT".
§ 736. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "CONSUMER" MEANS AN INDIVIDUAL WHO IS A RESIDENT OF THE STATE OF
NEW YORK.
2. "BUY-NOW-PAY-LATER LOAN" MEANS CLOSED-END CREDIT PROVIDED TO A
CONSUMER IN CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE OF GOODS
AND/OR SERVICES, PAYABLE IN FOUR OR FEWER INSTALLMENTS WITHOUT INTEREST,
OTHER THAN A MOTOR VEHICLE AS DEFINED UNDER SECTION ONE HUNDRED TWENTY-
FIVE OF THE VEHICLE AND TRAFFIC LAW. A "BUY-NOW-PAY-LATER LOAN" DOES NOT
INCLUDE CREDIT WHERE THE CREDITOR IS THE SELLER OF SUCH GOODS AND/OR
SERVICES, UNLESS IT IS CREDIT PURSUANT TO AN AGREEMENT WHEREBY, AT A
CONSUMER'S REQUEST, THE CREDITOR PURCHASES A SPECIFIC GOOD AND/OR
SERVICE FROM A SELLER AND RESELLS SUCH SPECIFIC GOOD AND/OR SERVICE TO
SUCH CONSUMER ON CLOSED-END CREDIT.
3. "BUY-NOW-PAY-LATER LENDER" MEANS A PERSON WHO OFFERS BUY-NOW-PAY-
LATER LOANS IN THIS STATE. FOR PURPOSES OF THE PRECEDING SENTENCE,
"OFFER" MEANS OFFERING TO MAKE A BUY-NOW-PAY-LATER LOAN BY EXTENDING
CREDIT DIRECTLY TO A CONSUMER OR OPERATING A PLATFORM, SOFTWARE OR
SYSTEM WITH WHICH A CONSUMER INTERACTS AND THE PRIMARY PURPOSE OF WHICH
IS TO ALLOW THIRD PARTIES TO OFFER BUY-NOW-PAY-LATER LOANS, OR BOTH. A
PERSON SHALL NOT BE CONSIDERED A BUY-NOW-PAY-LATER LENDER ON THE BASIS
OF ISOLATED, INCIDENTAL OR OCCASIONAL TRANSACTIONS WHICH OTHERWISE MEET
THE DEFINITIONS OF THIS SECTION.
4. "EXEMPT ORGANIZATION" MEANS ANY BANKING ORGANIZATION OR FOREIGN
BANKING CORPORATION LICENSED BY THE SUPERINTENDENT OR THE COMPTROLLER OF
THE CURRENCY TO TRANSACT BUSINESS IN THIS STATE OR ORIGINATING BUY-NOW-
S. 3008--B 53
PAY-LATER LOANS FROM A BRANCH IN THIS STATE SUBJECT TO ARTICLE FIVE-C OF
THIS CHAPTER, LICENSED LENDER LICENSED BY THE SUPERINTENDENT UNDER ARTI-
CLE NINE OF THIS CHAPTER, NATIONAL BANK, FEDERAL SAVINGS BANK, FEDERAL
SAVINGS AND LOAN ASSOCIATION, FEDERAL CREDIT UNION, OR STATE DEPOSITORY
INSTITUTION OR STATE CREDIT UNION AS DEFINED IN 12 U.S.C. §§ 1813(C)(5)
AND 1752(6) RESPECTIVELY.
5. "LICENSEE" MEANS A PERSON WHO HAS BEEN ISSUED A LICENSE UNDER THIS
ARTICLE.
6. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCIATION
OR ANY OTHER BUSINESS ORGANIZATION.
§ 737. LICENSE. 1. NO PERSON OR OTHER ENTITY, EXCEPT AN EXEMPT ORGAN-
IZATION AS DEFINED IN THIS ARTICLE, SHALL ACT AS A BUY-NOW-PAY-LATER
LENDER WITHOUT FIRST OBTAINING A LICENSE FROM THE SUPERINTENDENT UNDER
THIS ARTICLE.
2. AN APPLICATION FOR A LICENSE SHALL BE IN WRITING, UNDER OATH, AND
IN THE FORM AND CONTAINING SUCH INFORMATION AS THE SUPERINTENDENT MAY
REQUIRE.
3. AT THE TIME OF FILING AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER.
4. A LICENSE GRANTED UNDER THIS ARTICLE SHALL BE VALID UNLESS REVOKED
OR SUSPENDED BY THE SUPERINTENDENT OR UNLESS SURRENDERED BY THE LICENSEE
AND ACCEPTED BY THE SUPERINTENDENT.
5. IN CONNECTION WITH AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL SUBMIT AN AFFIDAVIT OF FINANCIAL SOLVENCY, INCLUDING FINANCIAL
STATEMENTS, NOTING SUCH CAPITALIZATION REQUIREMENTS AND ACCESS TO SUCH
CREDIT OR SUCH OTHER AFFIRMATION OR INFORMATION AS MAY BE PRESCRIBED BY
THE REGULATIONS OF THE SUPERINTENDENT. THE APPLICANT SHALL ALSO SUBMIT
POLICIES AND PROCEDURES FOR THE UNDERWRITING STANDARDS UTILIZED IN
EXTENDING BUY-NOW-PAY-LATER LOANS TO CONSUMERS.
§ 738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED. 1. AFTER THE FILING OF AN APPLICATION FOR A
LICENSE ACCOMPANIED BY PAYMENT OF THE FEE PURSUANT TO SUBDIVISION THREE
OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS ARTICLE, IT SHALL BE
SUBSTANTIVELY REVIEWED. AFTER THE APPLICATION IS DEEMED SUFFICIENT AND
COMPLETE, IF THE SUPERINTENDENT FINDS THAT THE FINANCIAL RESPONSIBILITY,
INCLUDING MEETING ANY CAPITAL REQUIREMENTS AS ESTABLISHED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION, EXPERIENCE, CHARACTER AND GENERAL
FITNESS OF THE APPLICANT OR ANY PERSON ASSOCIATED WITH THE APPLICANT ARE
SUCH AS TO COMMAND THE CONFIDENCE OF THE COMMUNITY AND TO WARRANT THE
BELIEF THAT THE BUSINESS WILL BE CONDUCTED HONESTLY, FAIRLY AND EFFI-
CIENTLY WITHIN THE PURPOSES AND INTENT OF THIS ARTICLE, THE SUPERINTEN-
DENT SHALL ISSUE THE LICENSE. FOR THE PURPOSE OF THIS SUBDIVISION, THE
APPLICANT SHALL BE DEEMED TO INCLUDE ALL THE MEMBERS OF THE APPLICANT IF
IT IS A PARTNERSHIP OR UNINCORPORATED ASSOCIATION OR ORGANIZATION, AND
ALL THE STOCKHOLDERS, OFFICERS AND DIRECTORS OF THE APPLICANT IF IT IS A
CORPORATION.
2. IF THE SUPERINTENDENT REFUSES TO ISSUE A LICENSE, THE SUPERINTEN-
DENT SHALL NOTIFY THE APPLICANT OF THE DENIAL AND RETAIN THE FEE PAID
PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF
THIS ARTICLE.
3. THE SUPERINTENDENT SHALL PROMULGATE RULES AND REGULATIONS SETTING
CAPITAL REQUIREMENTS TO ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF
LICENSEES AND THEIR ONGOING OPERATIONS, TAKING INTO ACCOUNT THE RISKS,
VOLUME OF BUSINESS, COMPLEXITY, AND OTHER RELEVANT FACTORS REGARDING
SUCH LICENSEES. FURTHER, THE SUPERINTENDENT MAY PROMULGATE RULES AND
S. 3008--B 54
REGULATIONS PRESCRIBING A METHODOLOGY TO CALCULATE CAPITAL REQUIREMENTS
WITH RESPECT TO LICENSEES OR CATEGORIES THEREOF.
§ 739. LICENSE PROVISIONS AND POSTING. 1. A LICENSE ISSUED UNDER THIS
ARTICLE SHALL STATE THE NAME AND ADDRESS OF THE LICENSEE, AND IF THE
LICENSEE BE A CO-PARTNERSHIP OR ASSOCIATION, THE NAMES OF THE MEMBERS
THEREOF, AND IF A CORPORATION THE DATE AND PLACE OF ITS INCORPORATION.
2. SUCH LICENSE SHALL BE KEPT CONSPICUOUSLY POSTED ON THE MOBILE
APPLICATION, WEBSITE, OR OTHER CONSUMER INTERFACE OF THE LICENSEE, AS
WELL AS LISTED IN THE TERMS AND CONDITIONS OF ANY BUY-NOW-PAY-LATER LOAN
OFFERED OR ENTERED INTO BY THE LICENSEE. THE SUPERINTENDENT MAY PROVIDE
BY REGULATION AN ALTERNATIVE FORM OF NOTICE OF LICENSURE.
3. A LICENSE ISSUED UNDER THIS ARTICLE SHALL NOT BE TRANSFERABLE OR
ASSIGNABLE.
§ 740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK. 1. IT SHALL BE UNLAWFUL EXCEPT WITH THE
PRIOR APPROVAL OF THE SUPERINTENDENT FOR ANY ACTION TO BE TAKEN WHICH
RESULTS IN A CHANGE OF CONTROL OF THE BUSINESS OF A LICENSEE. PRIOR TO
ANY CHANGE OF CONTROL, THE PERSON DESIROUS OF ACQUIRING CONTROL OF THE
BUSINESS OF A LICENSEE SHALL MAKE WRITTEN APPLICATION TO THE SUPERINTEN-
DENT AND PAY AN INVESTIGATION FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER TO THE SUPERINTENDENT. THE APPLICATION SHALL
CONTAIN SUCH INFORMATION AS THE SUPERINTENDENT, BY REGULATION, MAY
PRESCRIBE AS NECESSARY OR APPROPRIATE FOR THE PURPOSE OF MAKING THE
DETERMINATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
2. THE SUPERINTENDENT SHALL APPROVE OR DISAPPROVE THE PROPOSED CHANGE
OF CONTROL OF A LICENSEE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SEVEN HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
3. FOR A PERIOD OF SIX MONTHS FROM THE DATE OF QUALIFICATION THEREOF
AND FOR SUCH ADDITIONAL PERIOD OF TIME AS THE SUPERINTENDENT MAY
PRESCRIBE, IN WRITING, THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
THIS SECTION SHALL NOT APPLY TO A TRANSFER OF CONTROL BY OPERATION OF
LAW TO THE LEGAL REPRESENTATIVE, AS HEREINAFTER DEFINED, OF ONE WHO HAS
CONTROL OF A LICENSEE. THEREAFTER, SUCH LEGAL REPRESENTATIVE SHALL
COMPLY WITH THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL BE
APPLICABLE TO AN APPLICATION MADE UNDER SUCH SECTION BY A LEGAL REPRE-
SENTATIVE.
4. THE TERM "LEGAL REPRESENTATIVE," FOR THE PURPOSES OF THIS SECTION,
SHALL MEAN ONE DULY APPOINTED BY A COURT OF COMPETENT JURISDICTION TO
ACT AS EXECUTOR, ADMINISTRATOR, TRUSTEE, COMMITTEE, CONSERVATOR OR
RECEIVER, INCLUDING ONE WHO SUCCEEDS A LEGAL REPRESENTATIVE AND ONE
ACTING IN AN ANCILLARY CAPACITY THERETO IN ACCORDANCE WITH THE
PROVISIONS OF SUCH COURT APPOINTMENT.
5. AS USED IN THIS SECTION, THE TERM "CONTROL" MEANS THE POSSESSION,
DIRECTLY OR INDIRECTLY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF
THE MANAGEMENT AND POLICIES OF A LICENSEE, WHETHER THROUGH THE OWNERSHIP
OF VOTING STOCK OF SUCH LICENSEE, THE OWNERSHIP OF VOTING STOCK OF ANY
PERSON WHICH POSSESSES SUCH POWER OR OTHERWISE. CONTROL SHALL BE
PRESUMED TO EXIST IF ANY PERSON, DIRECTLY OR INDIRECTLY, OWNS, CONTROLS
OR HOLDS WITH POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK
OF ANY LICENSEE OR OF ANY PERSON WHICH OWNS, CONTROLS OR HOLDS WITH
POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK OF ANY LICEN-
SEE, BUT NO PERSON SHALL BE DEEMED TO CONTROL A LICENSEE SOLELY BY
REASON OF BEING AN OFFICER OR DIRECTOR OF SUCH LICENSEE OR PERSON. THE
SUPERINTENDENT MAY IN THE SUPERINTENDENT'S DISCRETION, UPON THE APPLICA-
TION OF A LICENSEE OR ANY PERSON WHO, DIRECTLY OR INDIRECTLY, OWNS,
S. 3008--B 55
CONTROLS OR HOLDS WITH POWER TO VOTE OR SEEKS TO OWN, CONTROL OR HOLD
WITH POWER TO VOTE ANY VOTING STOCK OF SUCH LICENSEE, DETERMINE WHETHER
OR NOT THE OWNERSHIP, CONTROL OR HOLDING OF SUCH VOTING STOCK CONSTI-
TUTES OR WOULD CONSTITUTE CONTROL OF SUCH LICENSEE FOR PURPOSES OF THIS
SECTION.
§ 741. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE. 1.
A LICENSE GRANTED UNDER THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE
SUPERINTENDENT UPON A FINDING THAT:
(A) THE LICENSEE HAS VIOLATED ANY APPLICABLE LAW OR REGULATION;
(B) ANY FACT OR CONDITION EXISTS WHICH, IF IT HAD EXISTED AT THE TIME
OF THE ORIGINAL APPLICATION FOR SUCH LICENSE, CLEARLY WOULD HAVE
WARRANTED THE SUPERINTENDENT'S REFUSAL TO ISSUE SUCH LICENSE; OR
(C) THE LICENSEE HAS FAILED TO PAY ANY SUM OF MONEY LAWFULLY DEMANDED
BY THE SUPERINTENDENT OR TO COMPLY WITH ANY DEMAND, RULING OR REQUIRE-
MENT OF THE SUPERINTENDENT.
2. ANY LICENSEE MAY SURRENDER ANY LICENSE BY DELIVERING TO THE SUPER-
INTENDENT WRITTEN NOTICE THAT THE LICENSEE THEREBY SURRENDERS SUCH
LICENSE. SUCH SURRENDER SHALL BE EFFECTIVE UPON ITS ACCEPTANCE BY THE
SUPERINTENDENT, AND SHALL NOT AFFECT SUCH LICENSEE'S CIVIL OR CRIMINAL
LIABILITY FOR ACTS COMMITTED PRIOR TO SUCH SURRENDER.
3. EVERY LICENSE ISSUED UNDER THIS ARTICLE SHALL REMAIN IN FORCE AND
EFFECT UNTIL THE SAME SHALL HAVE BEEN SURRENDERED, REVOKED OR SUSPENDED,
IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, BUT THE SUPERINTEN-
DENT SHALL HAVE AUTHORITY TO REINSTATE SUSPENDED LICENSES OR TO ISSUE A
NEW LICENSE TO A LICENSEE WHOSE LICENSE HAS BEEN REVOKED IF NO FACT OR
CONDITION THEN EXISTS WHICH CLEARLY WOULD HAVE WARRANTED THE SUPERINTEN-
DENT'S REFUSAL TO ISSUE SUCH LICENSE.
4. WHENEVER THE SUPERINTENDENT SHALL REVOKE OR SUSPEND A LICENSE
ISSUED UNDER THIS ARTICLE, THE SUPERINTENDENT SHALL FORTHWITH EXECUTE A
WRITTEN ORDER TO THAT EFFECT, WHICH ORDER MAY BE REVIEWED IN THE MANNER
PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
SUCH SPECIAL PROCEEDING FOR REVIEW AS AUTHORIZED BY THIS SECTION MUST BE
COMMENCED WITHIN THIRTY DAYS FROM THE DATE OF SUCH ORDER OF SUSPENSION
OR REVOCATION.
5. THE SUPERINTENDENT MAY, FOR GOOD CAUSE, WITHOUT NOTICE AND A HEAR-
ING, SUSPEND ANY LICENSE ISSUED UNDER THIS ARTICLE FOR A PERIOD NOT
EXCEEDING THIRTY DAYS, PENDING INVESTIGATION. "GOOD CAUSE," AS USED IN
THIS SUBDIVISION, SHALL EXIST ONLY WHEN THE LICENSEE HAS ENGAGED IN OR
IS LIKELY TO ENGAGE IN A PRACTICE PROHIBITED BY THIS ARTICLE OR THE
RULES AND REGULATIONS PROMULGATED THEREUNDER OR ENGAGES IN DISHONEST OR
INEQUITABLE PRACTICES WHICH MAY CAUSE SUBSTANTIAL HARM TO THE PUBLIC.
6. NO REVOCATION, SUSPENSION OR SURRENDER OF ANY LICENSE SHALL IMPAIR
OR AFFECT ANY PRE-EXISTING LAWFUL CONTRACTS BETWEEN THE LICENSEE AND ANY
BORROWER.
§ 742. SUPERINTENDENT AUTHORIZED TO EXAMINE. 1. THE SUPERINTENDENT
SHALL HAVE THE POWER TO MAKE SUCH INVESTIGATIONS AS THE SUPERINTENDENT
SHALL DEEM NECESSARY TO DETERMINE WHETHER ANY BUY-NOW-PAY-LATER LENDER
OR ANY OTHER PERSON HAS VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE
OR ANY OTHER APPLICABLE LAW, OR WHETHER ANY LICENSEE HAS CONDUCTED
ITSELF IN SUCH MANNER AS WOULD JUSTIFY THE REVOCATION OF ITS LICENSE,
AND TO THE EXTENT NECESSARY THEREFOR, THE SUPERINTENDENT MAY REQUIRE THE
ATTENDANCE OF AND EXAMINE ANY PERSON UNDER OATH, AND SHALL HAVE THE
POWER TO COMPEL THE PRODUCTION OF ALL RELEVANT BOOKS, RECORDS, ACCOUNTS,
AND DOCUMENTS.
2. THE SUPERINTENDENT SHALL HAVE THE POWER TO MAKE SUCH EXAMINATIONS
OF THE BOOKS, RECORDS, ACCOUNTS AND DOCUMENTS USED IN THE BUSINESS OF
S. 3008--B 56
ANY LICENSEE AS THE SUPERINTENDENT SHALL DEEM NECESSARY TO DETERMINE
WHETHER ANY SUCH LICENSEE HAS VIOLATED ANY OF THE PROVISIONS OF THIS
CHAPTER OR ANY OTHER APPLICABLE LAW OR TO SECURE INFORMATION LAWFULLY
REQUIRED BY THE SUPERINTENDENT.
§ 743. LICENSEE'S BOOKS AND RECORDS; REPORTS. 1. A BUY-NOW-PAY-LATER
LENDER SHALL KEEP AND USE IN ITS BUSINESS SUCH BOOKS, ACCOUNTS AND
RECORDS AS WILL ENABLE THE SUPERINTENDENT TO DETERMINE WHETHER SUCH
BUY-NOW-PAY-LATER LENDER IS COMPLYING WITH THE PROVISIONS OF THIS ARTI-
CLE AND WITH THE RULES AND REGULATIONS PROMULGATED BY THE SUPERINTENDENT
THEREUNDER. EVERY BUY-NOW-PAY-LATER LENDER SHALL PRESERVE SUCH BOOKS,
ACCOUNTS AND RECORDS FOR AT LEAST SIX YEARS AFTER MAKING THE FINAL ENTRY
IN RESPECT TO ANY BUY-NOW-PAY-LATER LOAN RECORDED THEREIN; PROVIDED,
HOWEVER, THE PRESERVATION OF PHOTOGRAPHIC OR DIGITAL REPRODUCTIONS THER-
EOF OR RECORDS IN PHOTOGRAPHIC OR DIGITAL FORM SHALL CONSTITUTE COMPLI-
ANCE WITH THIS REQUIREMENT.
2. BY A DATE TO BE SET BY THE SUPERINTENDENT, EACH LICENSEE SHALL
ANNUALLY FILE A REPORT WITH THE SUPERINTENDENT GIVING SUCH INFORMATION
AS THE SUPERINTENDENT MAY REQUIRE CONCERNING THE LICENSEE'S BUSINESS AND
OPERATIONS DURING THE PRECEDING CALENDAR YEAR WITHIN THE STATE UNDER THE
AUTHORITY OF THIS ARTICLE. SUCH REPORT SHALL BE SUBSCRIBED AND AFFIRMED
AS TRUE BY THE LICENSEE UNDER THE PENALTIES OF PERJURY AND BE IN THE
FORM PRESCRIBED BY THE SUPERINTENDENT. IN ADDITION TO SUCH ANNUAL
REPORTS, THE SUPERINTENDENT MAY REQUIRE OF LICENSEES SUCH ADDITIONAL
REGULAR OR SPECIAL REPORTS AS THE SUPERINTENDENT MAY DEEM NECESSARY TO
THE PROPER SUPERVISION OF LICENSEES UNDER THIS ARTICLE. SUCH ADDITIONAL
REPORTS SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL
BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
§ 744. ACTS PROHIBITED. 1. NO BUY-NOW-PAY-LATER LENDER SHALL TAKE OR
CAUSE TO BE TAKEN ANY CONFESSION OF JUDGMENT OR ANY POWER OF ATTORNEY TO
CONFESS JUDGMENT OR TO APPEAR FOR THE CONSUMER IN A JUDICIAL PROCEEDING.
2. NO BUY-NOW-PAY-LATER LENDER SHALL:
(A) EMPLOY ANY SCHEME, DEVICE, OR ARTIFICE TO DEFRAUD OR MISLEAD A
BORROWER;
(B) ENGAGE IN ANY DECEPTIVE OR UNFAIR PRACTICE TOWARD ANY PERSON OR
MISREPRESENT OR OMIT ANY MATERIAL INFORMATION IN CONNECTION WITH THE
BUY-NOW-PAY-LATER LOANS, INCLUDING, BUT NOT LIMITED TO, MISREPRESENTING
THE AMOUNT, NATURE OR TERMS OF ANY FEE OR PAYMENT DUE OR CLAIMED TO BE
DUE ON THE LOAN, THE TERMS AND CONDITIONS OF THE LOAN AGREEMENT OR THE
BORROWER'S OBLIGATIONS UNDER THE LOAN;
(C) MISAPPLY PAYMENTS TO THE OUTSTANDING BALANCE OF ANY BUY-NOW-PAY-
LATER LOAN OR TO ANY RELATED FEES;
(D) PROVIDE INACCURATE INFORMATION TO A CONSUMER REPORTING AGENCY; OR
(E) MAKE ANY FALSE STATEMENT OR MAKE ANY OMISSION OF A MATERIAL FACT
IN CONNECTION WITH ANY INFORMATION OR REPORTS FILED WITH A GOVERNMENTAL
AGENCY OR IN CONNECTION WITH ANY INVESTIGATION CONDUCTED BY THE SUPER-
INTENDENT OR ANOTHER GOVERNMENTAL AGENCY.
§ 745. LIMITATION ON CHARGES. 1. SUBJECT TO APPLICABLE FEDERAL LAW, NO
BUY-NOW-PAY-LATER LENDER SHALL CHARGE, CONTRACT FOR, OR OTHERWISE
RECEIVE FROM A CONSUMER ANY INTEREST, DISCOUNT, OR OTHER CONSIDERATION
IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN.
2. THE SUPERINTENDENT SHALL ESTABLISH A STANDARD AMOUNT OR PERCENTAGE
FOR TOTAL MAXIMUM CHARGE OR FEE IN CONNECTION WITH LATE PAYMENT,
DEFAULT, ANY FEE IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN, OR ANY
OTHER VIOLATION OF THE BUY-NOW-PAY-LATER LOAN AGREEMENT THAT A BUY-NOW-
PAY-LATER LENDER CAN CHARGE A CONSUMER. SUCH FEE OR CHARGE SHALL NOT BE
S. 3008--B 57
COLLECTED MORE THAN ONCE FOR A SINGLE SUCH LATE PAYMENT, DEFAULT, OR
OTHER VIOLATION OF THE BUY-NOW-PAY-LATER LOAN AGREEMENT.
3. THE SUPERINTENDENT SHALL PROMULGATE RULES AND REGULATIONS REGARDING
THE MANNER OF CHARGING FEES DESCRIBED IN THIS SECTION.
§ 746. CONSUMER PROTECTIONS. 1. A BUY-NOW-PAY-LATER LENDER SHALL
DISCLOSE OR CAUSE TO BE DISCLOSED TO CONSUMERS THE TERMS OF BUY-NOW-PAY-
LATER LOANS, INCLUDING THE COST, SUCH AS FEES, REPAYMENT SCHEDULE, THE
MEANS BY WHICH A CONSUMER MAY DISPUTE BILLING PRACTICES, WHETHER THE
TRANSACTION WILL OR WILL NOT BE REPORTED TO A CREDIT REPORTING AGENCY,
AND OTHER MATERIAL CONDITIONS, IN A CLEAR AND CONSPICUOUS MANNER.
DISCLOSURES SHALL COMPLY WITH APPLICABLE FEDERAL REGULATIONS, INCLUDING
BUT NOT LIMITED TO REGULATION Z OF TITLE I OF THE CONSUMER CREDIT
PROTECTION ACT.
2. SUBJECT TO REGULATIONS TO BE PROMULGATED BY THE SUPERINTENDENT, A
BUY-NOW-PAY-LATER LENDER SHALL, BEFORE PROVIDING OR CAUSING TO BE
PROVIDED A BUY-NOW-PAY-LATER LOAN TO A CONSUMER, PERFORM REASONABLE
RISK-BASED UNDERWRITING. A BUY-NOW-PAY-LATER LENDER SHALL DISCLOSE OR
CAUSE TO BE DISCLOSED THE FACTORS CONSIDERED IN ITS UNDERWRITING PROC-
ESS, IN A CLEAR AND CONSPICUOUS MANNER, TO THE CONSUMER. A BUY-NOW-PAY-
LATER LENDER SHALL MAINTAIN OR CAUSE TO BE MAINTAINED POLICIES AND
PROCEDURES FOR REASONABLE UNDERWRITING STANDARDS THAT MAY BE REVIEWED BY
THE SUPERINTENDENT. NO BUY-NOW-PAY-LATER LENDER SHALL COLLECT, EVALUATE,
REPORT, OR MAINTAIN IN THE FILE ON A BORROWER THE CREDIT WORTHINESS,
CREDIT STANDING, OR CREDIT CAPACITY OF MEMBERS OF THE BORROWER'S SOCIAL
NETWORK FOR PURPOSES OF DETERMINING THE CREDIT WORTHINESS OF THE BORROW-
ER; THE AVERAGE CREDIT WORTHINESS, CREDIT STANDING, OR CREDIT CAPACITY
OF MEMBERS OF THE BORROWER'S SOCIAL NETWORK; OR ANY GROUP SCORE THAT IS
NOT THE BORROWER'S OWN CREDIT WORTHINESS, CREDIT STANDING, OR CREDIT
CAPACITY.
3. A BUY-NOW-PAY-LATER LENDER SHALL MAINTAIN OR CAUSE TO BE MAINTAINED
POLICIES AND PROCEDURES FOR MAINTAINING ACCURATE DATA THAT MAY BE
REPORTED TO CREDIT REPORTING AGENCIES.
4. A BUY-NOW-PAY-LATER LENDER SHALL PROVIDE OR CAUSE TO BE PROVIDED
REFUNDS OR CREDITS FOR GOODS OR SERVICES PURCHASED IN CONNECTION WITH A
BUY-NOW-PAY-LATER LOAN, UPON CONSUMER REQUEST, IN A MANNER THAT IS FAIR,
TRANSPARENT, AND NOT UNDULY BURDENSOME TO CONSUMERS. A BUY-NOW-PAY-LATER
LENDER SHALL MAINTAIN OR CAUSE TO BE MAINTAINED POLICIES AND PROCEDURES
TO PROVIDE SUCH REFUNDS OR CREDITS. SUCH POLICIES AND PROCEDURES SHALL
BE FAIR, TRANSPARENT, AND NOT UNDULY BURDENSOME TO THE CONSUMER. A BUY-
NOW-PAY-LATER LENDER SHALL DISCLOSE OR CAUSE TO BE DISCLOSED TO CONSUM-
ERS, IN A CLEAR AND CONSPICUOUS MANNER, THE PROCESS BY WHICH THEY CAN
OBTAIN REFUNDS OR CREDITS FOR GOODS OR SERVICES THEY HAVE PURCHASED IN
CONNECTION WITH A BUY-NOW-PAY-LATER LOAN.
5. A BUY-NOW-PAY-LATER LENDER SHALL RESOLVE OR CAUSE TO BE RESOLVED
DISPUTES IN A MANNER THAT IS FAIR AND TRANSPARENT TO CONSUMERS. A BUY-
NOW-PAY-LATER LENDER SHALL CREATE OR CAUSE TO BE CREATED A READILY
AVAILABLE AND PROMINENTLY DISCLOSED METHOD FOR CONSUMERS TO BRING A
DISPUTE TO THE BUY-NOW-PAY-LATER LENDER. A BUY-NOW-PAY-LATER LENDER
SHALL MAINTAIN POLICIES AND PROCEDURES FOR HANDLING CONSUMER DISPUTES.
THE SUPERINTENDENT MAY PROMULGATE RULES AND REGULATIONS REGARDING TREAT-
MENT OF UNAUTHORIZED USE, SO THAT CONSUMERS ARE LIABLE FOR USE OF BUY-
NOW-PAY-LATER LOANS IN THEIR NAME ONLY UNDER CIRCUMSTANCES WHERE SUCH
LIABILITY WOULD BE FAIR AND REASONABLE. A BUY-NOW-PAY-LATER LENDER SHALL
APPLY TO BUY-NOW-PAY-LATER LOANS THE DISPUTE RIGHTS AND UNAUTHORIZED
CHARGES REQUIREMENTS THAT APPLY TO CREDIT CARDS UNDER THE TRUTH IN LEND-
ING ACT, 15 U.S.C. § 1643, 1666, 1666A, 1666I, REGARDLESS OF WHETHER
S. 3008--B 58
SUCH LAW APPLIES TO BUY-NOW-PAY-LATER LOANS OR WHETHER THE BUY-NOW-PAY-
LATER LENDER OFFERS A CREDIT CARD WITHIN THE SCOPE OF SUCH LAW.
6. A BUY-NOW-PAY-LATER LENDER MAY USE, SELL, OR SHARE THE DATA OF A
CONSUMER, OTHER THAN IN CONNECTION WITH THE MAKING OF A PARTICULAR BUY-
NOW-PAY-LATER LOAN TO THE CONSUMER, ONLY WITH THE CONSUMER'S CONSENT. A
BUY-NOW-PAY-LATER LENDER SHALL DISCLOSE OR CAUSE TO BE DISCLOSED TO A
CONSUMER IN A CLEAR AND CONSPICUOUS MANNER HOW SUCH CONSUMER'S DATA MAY
BE USED, SHARED, OR SOLD BY THE BUY-NOW-PAY-LATER LENDER BEFORE OBTAIN-
ING SUCH CONSUMER'S CONSENT AND ALSO SHALL DISCLOSE OR CAUSE TO BE
DISCLOSED TO SUCH CONSUMER IN A CLEAR AND CONSPICUOUS MANNER HOW SUCH
CONSUMER MAY SUBSEQUENTLY WITHDRAW CONSENT TO SUCH USE, SHARING, OR
SALE. THE SUPERINTENDENT, IN THEIR DISCRETION, MAY BY REGULATION PROHIB-
IT CERTAIN USES OF CONSUMER DATA. A BUY-NOW-PAY-LATER LENDER SHALL MAIN-
TAIN POLICIES AND PROCEDURES REGARDING ITS USE, SALE, AND SHARING OF
CONSUMERS' DATA.
7. ANY BUY-NOW-PAY-LATER LOAN MADE BY A PERSON NOT LICENSED UNDER THIS
ARTICLE, OTHER THAN AN EXEMPT ORGANIZATION, SHALL BE VOID, AND SUCH
PERSON SHALL HAVE NO RIGHT TO COLLECT OR RECEIVE ANY PRINCIPAL, INTEREST
OR CHARGE WHATSOEVER.
§ 747. AUTHORITY OF SUPERINTENDENT. 1. THE SUPERINTENDENT IS AUTHOR-
IZED TO PROMULGATE SUCH GENERAL RULES AND REGULATIONS AS MAY BE APPRO-
PRIATE TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE, PROTECT CONSUMERS,
AND ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF BUY-NOW-PAY-LATER
LENDERS. THE SUPERINTENDENT IS FURTHER AUTHORIZED TO MAKE SUCH SPECIFIC
RULINGS, DEMANDS, AND FINDINGS AS MAY BE NECESSARY FOR THE PROPER
CONDUCT OF THE BUSINESS AUTHORIZED AND LICENSED UNDER AND FOR THE
ENFORCEMENT OF THIS ARTICLE, IN ADDITION HERETO AND NOT INCONSISTENT
HEREWITH.
2. IN ADDITION TO SUCH POWERS AS MAY OTHERWISE BE PRESCRIBED BY LAW,
THE SUPERINTENDENT IS HEREBY AUTHORIZED AND EMPOWERED TO PROMULGATE SUCH
RULES AND REGULATIONS AS MAY IN THE JUDGMENT OF THE SUPERINTENDENT BE
CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, OR APPROPRIATE FOR THE
EFFECTIVE ADMINISTRATION OF THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO:
(A) SUCH RULES AND REGULATIONS IN CONNECTION WITH THE ACTIVITIES OF
BUY-NOW-PAY-LATER LENDERS AS MAY BE NECESSARY AND APPROPRIATE FOR THE
PROTECTION OF BORROWERS IN THIS STATE;
(B) SUCH RULES AND REGULATIONS AS MAY BE NECESSARY AND APPROPRIATE TO
DEFINE DECEPTIVE OR UNFAIR PRACTICES IN CONNECTION WITH THE ACTIVITIES
OF BUY-NOW-PAY-LATER LENDERS;
(C) SUCH RULES AND REGULATIONS AS MAY DEFINE THE TERMS USED IN THIS
ARTICLE AND AS MAY BE NECESSARY AND APPROPRIATE TO INTERPRET AND IMPLE-
MENT THE PROVISIONS OF THIS ARTICLE; AND
(D) SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE ENFORCEMENT
OF THIS ARTICLE.
§ 748. PENALTIES. 1. ANY PERSON, INCLUDING ANY MEMBER, OFFICER, DIREC-
TOR OR EMPLOYEE OF A BUY-NOW-PAY-LATER LENDER, WHO VIOLATES OR PARTIC-
IPATES IN THE VIOLATION OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS
ARTICLE, OR WHO KNOWINGLY MAKES ANY INCORRECT STATEMENT OF A MATERIAL
FACT IN ANY APPLICATION, REPORT OR STATEMENT FILED PURSUANT TO THIS
ARTICLE, OR WHO KNOWINGLY OMITS TO STATE ANY MATERIAL FACT NECESSARY TO
GIVE THE SUPERINTENDENT ANY INFORMATION LAWFULLY REQUIRED BY THE SUPER-
INTENDENT OR REFUSES TO PERMIT ANY LAWFUL INVESTIGATION OR EXAMINATION,
SHALL BE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED
NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN SIX
MONTHS OR BOTH, IN THE DISCRETION OF THE COURT.
S. 3008--B 59
2. WITHOUT LIMITING ANY POWER GRANTED TO THE SUPERINTENDENT UNDER ANY
OTHER PROVISION OF THIS CHAPTER, THE SUPERINTENDENT MAY, IN A PROCEEDING
AFTER NOTICE AND A HEARING REQUIRE A BUY-NOW-PAY-LATER LENDER, WHETHER
OR NOT A LICENSEE, TO PAY TO THE PEOPLE OF THIS STATE A PENALTY FOR ANY
VIOLATION OF THIS CHAPTER, ANY RULE OR REGULATION PROMULGATED THERE-
UNDER, ANY FINAL OR TEMPORARY ORDER ISSUED PURSUANT TO SECTION THIRTY-
NINE OF THIS CHAPTER, ANY CONDITION IMPOSED IN WRITING BY THE SUPER-
INTENDENT IN CONNECTION WITH THE GRANT OF ANY APPLICATION OR REQUEST, OR
ANY WRITTEN AGREEMENT ENTERED INTO WITH THE SUPERINTENDENT, AND FOR
KNOWINGLY MAKING ANY INCORRECT STATEMENT OF A MATERIAL FACT IN ANY
APPLICATION, REPORT OR STATEMENT FILED PURSUANT TO THIS ARTICLE, OR
KNOWINGLY OMITTING TO STATE ANY MATERIAL FACT NECESSARY TO GIVE THE
SUPERINTENDENT ANY INFORMATION LAWFULLY REQUIRED BY THE SUPERINTENDENT
OR REFUSING TO PERMIT ANY LAWFUL INVESTIGATION OR EXAMINATION. AS TO ANY
BUY-NOW-PAY-LATER LENDER THAT IS NOT A LICENSEE OR AN EXEMPT ORGANIZA-
TION, THE SUPERINTENDENT IS AUTHORIZED TO IMPOSE A PENALTY IN THE SAME
AMOUNT AUTHORIZED IN SECTION FORTY-FOUR OF THIS CHAPTER FOR A VIOLATION
OF THIS CHAPTER BY ANY PERSON LICENSED, CERTIFIED, REGISTERED, AUTHOR-
IZED, CHARTERED, ACCREDITED, INCORPORATED OR OTHERWISE APPROVED BY THE
SUPERINTENDENT UNDER THIS CHAPTER.
3. NO PERSON EXCEPT A BUY-NOW-PAY-LATER LENDER LICENSED UNDER THIS
ARTICLE SHALL MAKE, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, OR BY
ANY METHOD, PRACTICE OR DEVICE, A REPRESENTATION THAT SUCH PERSON IS
LICENSED UNDER THIS ARTICLE.
§ 749. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID, SUCH
INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERA-
BLE.
§ 2. Subdivision 1 of section 36 of the banking law, as amended by
chapter 146 of the laws of 1961, is amended to read as follows:
1. The superintendent shall have the power to examine every banking
organization, every bank holding company and any non-banking subsidiary
thereof (as such terms "bank holding company" and "non-banking subsid-
iary" are defined in article three-A of this chapter) and every licensed
lender AND LICENSED BUY-NOW-PAY-LATER LENDER at any time prior to its
dissolution whenever in [his] THE SUPERINTENDENT'S judgment such exam-
ination is necessary or advisable.
§ 3. Subdivision 10 of section 36 of the banking law, as amended by
section 2 of part L of chapter 58 of the laws of 2019, is amended to
read as follows:
10. All reports of examinations and investigations, correspondence and
memoranda concerning or arising out of such examination and investi-
gations, including any duly authenticated copy or copies thereof in the
possession of any banking organization, bank holding company or any
subsidiary thereof (as such terms "bank holding company" and "subsid-
iary" are defined in article three-A of this chapter), any corporation
or any other entity affiliated with a banking organization within the
meaning of subdivision six of this section and any non-banking subsid-
iary of a corporation or any other entity which is an affiliate of a
banking organization within the meaning of subdivision six-a of this
section, foreign banking corporation, licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER, licensed casher of checks, licensed mortgage banker,
registered mortgage broker, licensed mortgage loan originator, licensed
sales finance company, registered mortgage loan servicer, licensed
S. 3008--B 60
student loan servicer, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner, any other person
or entity subject to supervision under this chapter, or the department,
shall be confidential communications, shall not be subject to subpoena
and shall not be made public unless, in the judgment of the superinten-
dent, the ends of justice and the public advantage will be subserved by
the publication thereof, in which event the superintendent may publish
or authorize the publication of a copy of any such report or any part
thereof in such manner as may be deemed proper or unless such laws
specifically authorize such disclosure. For the purposes of this subdi-
vision, "reports of examinations and investigations, and any correspond-
ence and memoranda concerning or arising out of such examinations and
investigations", includes any such materials of a bank, insurance or
securities regulatory agency or any unit of the federal government or
that of this state any other state or that of any foreign government
which are considered confidential by such agency or unit and which are
in the possession of the department or which are otherwise confidential
materials that have been shared by the department with any such agency
or unit and are in the possession of such agency or unit.
§ 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended
by chapter 360 of the laws of 1984, are amended to read as follows:
3. In addition to any reports expressly required by this chapter to be
made, the superintendent may require any banking organization, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed mortgage banker, foreign banking corporation licensed by the
superintendent to do business in this state, bank holding company and
any non-banking subsidiary thereof, corporate affiliate of a corporate
banking organization within the meaning of subdivision six of section
thirty-six of this article and any non-banking subsidiary of a corpo-
ration which is an affiliate of a corporate banking organization within
the meaning of subdivision six-a of section thirty-six of this article
to make special reports to [him] THE SUPERINTENDENT at such times as
[he] THE SUPERINTENDENT may prescribe.
5. The superintendent may extend at [his] THE SUPERINTENDENT'S
discretion the time within which a banking organization, foreign banking
corporation licensed by the superintendent to do business in this state,
bank holding company or any non-banking subsidiary thereof, licensed
casher of checks, licensed mortgage banker, private banker, LICENSED
BUY-NOW-PAY-LATER LENDER or licensed lender is required to make and file
any report to the superintendent.
§ 5. Section 39 of the banking law, as amended by section 3 of part L
of chapter 58 of the laws of 2019, is amended to read as follows:
§ 39. Orders of superintendent. 1. To appear and explain an apparent
violation. Whenever it shall appear to the superintendent that any bank-
ing organization, bank holding company, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, registered
mortgage loan servicer, licensed mortgage loan originator, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, out-of-state
state bank that maintains a branch or branches or representative or
other offices in this state, or foreign banking corporation licensed by
the superintendent to do business or maintain a representative office in
this state has violated any law or regulation, [he or she] THE SUPER-
INTENDENT may, in [his or her] THE SUPERINTENDENT'S discretion, issue an
order describing such apparent violation and requiring such banking
S. 3008--B 61
organization, bank holding company, registered mortgage broker, licensed
mortgage banker, licensed student loan servicer, licensed mortgage loan
originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed
casher of checks, licensed sales finance company, licensed insurance
premium finance agency, licensed transmitter of money, licensed budget
planner, out-of-state state bank that maintains a branch or branches or
representative or other offices in this state, or foreign banking corpo-
ration to appear before [him or her] THE SUPERINTENDENT, at a time and
place fixed in said order, to present an explanation of such apparent
violation.
2. To discontinue unauthorized or unsafe and unsound practices. When-
ever it shall appear to the superintendent that any banking organiza-
tion, bank holding company, registered mortgage broker, licensed mort-
gage banker, licensed student loan servicer, registered mortgage loan
servicer, licensed mortgage loan originator, licensed lender, LICENSED
BUY-NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales
finance company, licensed insurance premium finance agency, licensed
transmitter of money, licensed budget planner, out-of-state state bank
that maintains a branch or branches or representative or other offices
in this state, or foreign banking corporation licensed by the super-
intendent to do business in this state is conducting business in an
unauthorized or unsafe and unsound manner, [he or she] THE SUPERINTEN-
DENT may, in [his or her] THE SUPERINTENDENT'S discretion, issue an
order directing the discontinuance of such unauthorized or unsafe and
unsound practices, and fixing a time and place at which such banking
organization, bank holding company, registered mortgage broker, licensed
mortgage banker, licensed student loan servicer, registered mortgage
loan servicer, licensed mortgage loan originator, licensed lender,
LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks, licensed
sales finance company, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner, out-of-state
state bank that maintains a branch or branches or representative or
other offices in this state, or foreign banking corporation may volun-
tarily appear before [him or her] THE SUPERINTENDENT to present any
explanation in defense of the practices directed in said order to be
discontinued.
3. To make good impairment of capital or to ensure compliance with
financial requirements. Whenever it shall appear to the superintendent
that the capital or capital stock of any banking organization, bank
holding company or any subsidiary thereof which is organized, licensed
or registered pursuant to this chapter, is impaired, or the financial
requirements imposed by subdivision one of section two hundred two-b of
this chapter or any regulation of the superintendent on any branch or
agency of a foreign banking corporation or the financial requirements
imposed by this chapter or any regulation of the superintendent on any
licensed lender, LICENSED BUY-NOW-PAY-LATER LENDER, registered mortgage
broker, licensed mortgage banker, licensed student loan servicer,
licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner or private banker are not satisfied, the super-
intendent may, in the superintendent's discretion, issue an order
directing that such banking organization, bank holding company, branch
or agency of a foreign banking corporation, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, licensed lend-
er, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
S. 3008--B 62
cy, licensed transmitter of money, licensed budget planner, or private
banker make good such deficiency forthwith or within a time specified in
such order.
4. To make good encroachments on reserves. Whenever it shall appear to
the superintendent that either the total reserves or reserves on hand of
any banking organization, branch or agency of a foreign banking corpo-
ration are below the amount required by or pursuant to this chapter or
any other applicable provision of law or regulation to be maintained, or
that such banking organization, branch or agency of a foreign banking
corporation is not keeping its reserves on hand as required by this
chapter or any other applicable provision of law or regulation, [he or
she] THE SUPERINTENDENT may, in [his or her] THE SUPERINTENDENT'S
discretion, issue an order directing that such banking organization,
branch or agency of a foreign banking corporation make good such
reserves forthwith or within a time specified in such order, or that it
keep its reserves on hand as required by this chapter.
5. To keep books and accounts as prescribed. Whenever it shall appear
to the superintendent that any banking organization, bank holding compa-
ny, registered mortgage broker, licensed mortgage banker, licensed
student loan servicer, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LEND-
ER, licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner, agency or branch of a foreign banking corpo-
ration licensed by the superintendent to do business in this state, does
not keep its books and accounts in such manner as to enable [him or her]
THE SUPERINTENDENT to readily ascertain its true condition, [he or she]
THE SUPERINTENDENT may, in [his or her] THE SUPERINTENDENT'S discretion,
issue an order requiring such banking organization, bank holding compa-
ny, registered mortgage broker, licensed mortgage banker, licensed
student loan servicer, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LEND-
ER, licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner, or foreign banking corporation, or the officers
or agents thereof, or any of them, to open and keep such books or
accounts as [he or she] THE SUPERINTENDENT may, in [his or her] THE
SUPERINTENDENT'S discretion, determine and prescribe for the purpose of
keeping accurate and convenient records of its transactions and
accounts.
6. As used in this section, "bank holding company" shall have the same
meaning as that term is defined in section one hundred forty-one of this
chapter.
§ 6. Subdivision 1 of section 42 of the banking law, as amended by
chapter 65 of the laws of 1948, is amended to read as follows:
1. The name and the location of the principal office of every proposed
corporation, private banker, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks, the organization certificate,
private banker's certificate or application for license of which has
been filed for examination, and the date of such filing.
§ 7. Subdivision 2 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
2. The name and location of every licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER and licensed casher of checks, and the name, location,
amount of capital stock or permanent capital and amount of surplus of
every corporation and private banker and the minimum assets required of
S. 3008--B 63
every branch of a foreign banking corporation authorized to commence
business, and the date of authorization or licensing.
§ 8. Subdivision 3 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
3. The name of every proposed corporation, private banker, branch of a
foreign banking corporation, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks to which a certificate of authori-
zation or a license has been refused and the date of notice of refusal.
§ 9. Subdivision 4 of section 42 of the banking law, as amended by
chapter 60 of the laws of 1957, is amended to read as follows:
4. The name and location of every private banker, licensed lender,
licensed casher of checks, sales finance company, LICENSED BUY-NOW-PAY-
LATER LENDER and foreign corporation the authorization certificate or
license of which has been revoked, and the date of such revocation.
§ 10. Subdivision 5 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
5. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration which has applied for leave to change its place or one of its
places of business and the places from and to which the change is
proposed to be made; the name of every banking organization which has
applied to change the designation of its principal office to a branch
office and to change the designation of one of its branch offices to its
principal office, and the location of the principal office which is
proposed to be redesignated as a branch office and of the branch office
which is proposed to be redesignated as the principal office.
§ 11. Subdivision 6 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
6. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration authorized to change its place or one of its places of business
and the date when and the places from and to which the change is author-
ized to be made; the name of every banking organization authorized to
change the designation of its principal office to a branch office and to
change the designation of a branch office to its principal office, the
location of the redesignated principal office and of the redesignated
branch office, and the date of such change.
§ 12. Paragraph (a) of subdivision 1 of section 44 of the banking law,
as amended by section 4 of part L of chapter 58 of the laws of 2019, is
amended to read as follows:
(a) Without limiting any power granted to the superintendent under any
other provision of this chapter, the superintendent may, in a proceeding
after notice and a hearing, require any safe deposit company, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed mortgage banker, licensed
student loan servicer, registered mortgage broker, licensed mortgage
loan originator, registered mortgage loan servicer or licensed budget
planner to pay to the people of this state a penalty for any violation
of this chapter, any regulation promulgated thereunder, any final or
temporary order issued pursuant to section thirty-nine of this article,
any condition imposed in writing by the superintendent in connection
with the grant of any application or request, or any written agreement
entered into with the superintendent.
§ 12-a. Section 340 of the banking law, as amended by chapter 22 of
the laws of 1990, is amended to read as follows:
S. 3008--B 64
§ 340. Doing business without license prohibited. No person or other
entity shall engage in the business of making loans in the principal
amount of twenty-five thousand dollars or less for any loan to an indi-
vidual for personal, family, household, or investment purposes and in a
principal amount of fifty thousand dollars or less for business and
commercial loans, and charge, contract for, or receive a greater rate of
interest than the lender would be permitted by law to charge if [he]
THEY were not a licensee hereunder except as authorized by this article
and without first obtaining a license from the superintendent.
For the purposes of this section, a person or entity shall be consid-
ered as engaging in the business of making loans in New York, and
subject to the licensing and other requirements of this article, if it
solicits loans in the amounts prescribed by this section within this
state and, in connection with such solicitation, makes loans to individ-
uals then resident in this state, except that no person or entity shall
be considered as engaging in the business of making loans in this state
on the basis of isolated, incidental or occasional transactions which
otherwise meet the requirements of this section.
FOR THE PURPOSES OF THIS SECTION, PROVIDING CLOSED-END CREDIT TO A
CONSUMER IN NEW YORK IN CONNECTION WITH THE PURCHASE OF GOODS AND/OR
SERVICES OR OPERATING A PLATFORM, SOFTWARE, OR SYSTEM WITH WHICH A
CONSUMER INTERACTS AND THE PRIMARY PURPOSE OF WHICH IS TO ALLOW THIRD
PARTIES TO OFFER CLOSED-END CREDIT TO A CONSUMER, OTHER THAN A MOTOR
VEHICLE AS DEFINED UNDER SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE
AND TRAFFIC LAW OR A BUY-NOW-PAY-LATER LOAN, AS DEFINED IN ARTICLE FOUR-
TEEN-B OF THIS CHAPTER, SHALL BE CONSIDERED AS ENGAGING IN THE BUSINESS
OF MAKING LOANS IN NEW YORK AND SUBJECT TO THE LICENSING AND OTHER
REQUIREMENTS OF THIS ARTICLE.
Nothing in this article shall apply to licensed collateral loan
brokers.
§ 13. This act shall take effect on the one hundred eightieth day
after the department of financial services shall have promulgated rules
and/or regulations to effectuate the provisions of this act; provided
that the department of financial services shall notify the legislative
bill drafting commission upon the occurrence of the promulgation of the
rules and regulations necessary to effectuate and enforce the provisions
of section two of this act, in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation authorized to be made by the super-
intendent pursuant to this act is authorized to be made and completed on
or before such effective date.
PART Z
Section 1. Section 2911 of the insurance law is amended by adding a
new subsection (d) to read as follows:
(D) (1) NOT LATER THAN JULY FIRST OF EACH YEAR, A PHARMACY BENEFIT
MANAGER REQUIRED TO BE LICENSED UNDER THIS ARTICLE SHALL PUBLISH A
REPORT ON ITS WEBSITE WHICH CONTAINS, FOR THE IMMEDIATELY PRECEDING
CALENDAR YEAR, THE FOLLOWING INFORMATION:
(A) THE AGGREGATED DOLLAR AMOUNT OF REBATES, FEES, PRICE PROTECTION
PAYMENTS AND ANY OTHER PAYMENTS THE PHARMACY BENEFIT MANAGER RECEIVED
FROM DRUG MANUFACTURERS THROUGH A REBATE CONTRACT;
S. 3008--B 65
(B) THE PORTIONS OF THE AMOUNT IN SUBPARAGRAPH (A) OF THIS PARAGRAPH
WHICH WERE:
(I) PASSED ON TO HEALTH PLANS; OR
(II) RETAINED BY THE PHARMACY BENEFIT MANAGER; AND
(C) FOR EACH REBATE CONTRACT IN EFFECT DURING THE REPORTING PERIOD:
(I) THE NAMES OF THE CONTRACTING PARTIES;
(II) THE EXECUTION DATE AND THE TERM OF THE CONTRACT, INCLUDING EXTEN-
SIONS;
(III) THE NAME OF THE DRUGS AND THE ASSOCIATED NATIONAL DRUG CODES
COVERED BY THE REBATE CONTRACT, AND FOR EACH DRUG:
(I) A SUMMARY OF THE CONTRACT TERMS REGARDING FORMULARY PLACEMENT,
FORMULARY EXCLUSION, OR PRIOR AUTHORIZATION REQUIREMENTS OR STEP EDITS,
OF ANY DRUGS CONSIDERED TO COMPETE WITH EACH DRUG;
(II) A SUMMARY OF ALL TERMS REQUIRING OR INCENTIVIZING VOLUME OR
MARKET SHARE FOR EACH DRUG, INCLUDING BASE REBATE AMOUNTS, BUNDLED
REBATES AND INCREMENTAL REBATES, STATED SEPARATELY, AND PRICE CONCES-
SION, STATED SEPARATELY FOR EACH DRUG; AND
(III) THE TOTAL NUMBER OF PRESCRIPTIONS FILLED AND UNITS DISPENSED FOR
WHICH A REBATE, DISCOUNT, PRICE CONCESSION OR OTHER CONSIDERATION WAS
RECEIVED BY THE PHARMACY BENEFIT MANAGER FOR EACH DRUG;
(IV) THE REBATE PERCENTAGE AND DOLLAR AMOUNT RETAINED BY THE PHARMACY
BENEFIT MANAGER FOR EVERY REBATE, DISCOUNT, PRICE CONCESSION OR OTHER
CONSIDERATION UNDER EACH REBATE CONTRACT; AND
(V) THE DOLLAR AMOUNT OF ANY OTHER COMPENSATION PAID BY A DRUG
MANUFACTURER TO A PHARMACY BENEFIT MANAGER FOR SERVICES INCLUDING
DISTRIBUTION MANAGEMENT SERVICES, DATA OR DATA SERVICES, MARKETING OR
PROMOTIONAL SERVICES, RESEARCH PROGRAMS, OR OTHER ANCILLARY SERVICES,
UNDER EACH REBATE CONTRACT.
(D) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM "REBATE CONTRACT"
MEANS ANY AGREEMENT ENTERED INTO BY A PHARMACY BENEFIT MANAGER WITH ANY
DRUG MANUFACTURER OR AGENT OR AFFILIATE OF A DRUG MANUFACTURER THAT
DETERMINES ANY REBATE, DISCOUNT, ADMINISTRATIVE OR OTHER FEE, PRICE
CONCESSION, OR OTHER CONSIDERATION RELATED TO THE DISPENSING OF
PRESCRIPTION DRUGS FOR A HEALTH PLAN.
(E) A COPY OF THE REPORT REQUIRED BY THIS SUBSECTION SHALL BE FILED
WITH THE SUPERINTENDENT AND WITH THE DEPARTMENT OF HEALTH NO LATER THAN
JULY FIRST EACH YEAR.
§ 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.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART AA
Intentionally Omitted
PART BB
Intentionally Omitted
PART CC
S. 3008--B 66
Intentionally Omitted
PART DD
Intentionally Omitted
PART EE
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part Z of chapter 58 of the
laws of 2024, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2025] 2026.
§ 2. This act shall take effect immediately.
PART FF
Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to make loans, as
amended by section 1 of part AA of chapter 58 of the laws of 2024, is
amended to read as follows:
§ 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2025] 2026, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
§ 2. This act shall take effect immediately.
PART GG
Section 1. Section 2 of part BB of chapter 58 of the laws of 2012
amending the public authorities law, relating to authorizing the dormi-
tory authority to enter into certain design and construction management
agreements, as amended by section 1 of part LL of chapter 58 of the laws
of 2023, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2025] 2027.
§ 2. The dormitory authority of the state of New York shall provide a
report providing information regarding any project undertaken pursuant
to a design and construction management agreement, as authorized by part
BB of chapter 58 of the laws of 2012, between the dormitory authority of
the state of New York and the department of environmental conservation
and/or the office of parks, recreation and historic preservation to the
governor, the temporary president of the senate and speaker of the
assembly. Such report shall include but not be limited to a description
of each such project, the project identification number of each such
project, if applicable, the projected date of completion, the status of
the project, the total cost or projected cost of each such project, and
S. 3008--B 67
the location, including the names of any county, town, village or city,
where each such project is located or proposed. In addition, such a
report shall be provided to the aforementioned parties by the first day
of March of each year that the authority to enter into such agreements
pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART HH
Intentionally Omitted
PART II
Intentionally Omitted
PART JJ
Intentionally Omitted
PART KK
Section 1. The opening paragraph of subdivision (h) of section 121 of
chapter 261 of the laws of 1988, amending the state finance law and
other laws relating to the New York state infrastructure trust fund, as
amended by section 1 of part Y of chapter 58 of the laws of 2024, is
amended to read as follows:
The provisions of sections sixty-two through sixty-six of this act
shall expire and be deemed repealed on July first, two thousand [twen-
ty-five] TWENTY-SEVEN, except that:
§ 2. This act shall take effect immediately.
PART LL
Section 1. Section 214 of the state finance law, as amended by section
1 of part P of chapter 59 of the laws of 2007, is amended to read as
follows:
§ 214. Establishment and purpose; linked deposit program authori-
zation. The excelsior linked deposit program is hereby created. The
purpose of the program is to encourage and assist eligible businesses
within the state to undertake eligible projects that will materially
contribute to improving their performance and competitiveness. The comp-
troller is hereby authorized to use any moneys of the state the comp-
troller is authorized to invest pursuant to section ninety-eight-a of
this chapter as linked deposits for the program. Not more than [four
hundred sixty million] ONE BILLION dollars of such moneys shall be on
deposit pursuant to the program at any given time. The commissioner of
taxation and finance is hereby authorized to use funds in the linked
deposit program fund established pursuant to section ninety-two-v of
this chapter as linked deposits for the program. [Not more than one
hundred million dollars from the linked deposit program fund shall be on
deposit pursuant to the program at any given time.]
§ 2. This act shall take effect immediately.
S. 3008--B 68
PART MM
Section 1. Paragraph (d) of subdivision 6 of section 163 of the state
finance law, as amended by chapter 110 of the laws of 2024, is amended
to read as follows:
(d) state agencies may purchase commodities or services from those
certified pursuant to article fifteen-A of the executive law and article
three of the veterans' services law in an amount not exceeding [seven]
ONE MILLION FIVE hundred [fifty] thousand dollars without a formal
competitive process; and
§ 1-a. Subdivision 6-d of section 163 of the state finance law, as
amended by section 28 of part PP of chapter 56 of the laws of 2022, is
amended to read as follows:
6-d. Pursuant to the authority provided in subdivision six of this
section, state agencies shall report annually on a fiscal year basis by
July first of the ensuing year to the director of the division of minor-
ity and women-owned business development the total number and total
value of contracts awarded to businesses certified pursuant to article
fifteen-A of the executive law, and with respect to contracts awarded to
businesses certified pursuant to article three of the veterans' services
law such information shall be reported to the division of service-disa-
bled veteran-owned business enterprises for inclusion in their respec-
tive annual reports. PROVIDED THAT STATE AGENCIES SHALL ADDITIONALLY
REPORT ON CONTRACTS ENTERED INTO USING THE AUTHORITY PROVIDED UNDER
PARAGRAPH (D) OF SUBDIVISION SIX OF THIS SECTION, WHICH SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE PERCENTAGE OF THE TOTAL DOLLAR VALUE OF
CONTRACTS AWARDED TO MINORITY AND WOMEN-OWNED BUSINESS ENTITIES AND
SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTITIES RELATIVE TO THE PREVI-
OUS FISCAL YEAR'S TOTAL AWARDS FOR ALL COMMODITIES AND SERVICES
PURCHASES, A COMPARISON OF THE PERCENTAGE OF PURCHASES AWARDED PURSUANT
TO SUCH PARAGRAPH DURING THE FISCAL YEAR RELATIVE TO THE PERCENTAGE OF
SUCH PURCHASES AWARDED IN THE PREVIOUS FISCAL YEAR, A COMPARISON OF THE
PARTICIPATION RATE AND TOTAL DOLLAR VALUE OF AWARDS TO MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED
BUSINESSES USING THE EXPANDED AUTHORITY UNDER SUCH PARAGRAPH RELATIVE TO
SUCH PARTICIPATION RATE AND TOTAL DOLLAR VALUE OF AWARDS PURSUANT TO THE
PREVIOUS AUTHORIZATION LEVELS, THE LENGTH OF TIME BETWEEN COMPLETION OF
THE CONTRACT AND THE DATE IN WHICH THE BUSINESS ENTERPRISE RECEIVED THE
FULL EXPENDITURE OF FUNDS AGREED UPON IN THE CONTRACT OR RELEVANT AMEND-
MENT, AND A DESCRIPTION OF EACH CONTRACT AWARDED TO A MINORITY OR
WOMEN-OWNED BUSINESS ENTITY OR SERVICE-DISABLED VETERAN-OWNED BUSINESS
ENTITY PURSUANT TO SUCH PARAGRAPH, INCLUDING THE LIST OF QUALIFIED
BIDDERS AND THE TOTAL COST OF EACH PROJECT.
§ 2. Subparagraph (i) of paragraph (b) of subdivision 3, and paragraph
(a) of subdivision 8 of section 2879 of the public authorities law, as
amended by chapter 96 of the laws of 2019, are amended to read as
follows:
(i) for the selection of such contractors on a competitive basis, and
provisions relating to the circumstances under which the board may by
resolution waive competition, including, notwithstanding any other
provision of law requiring competition, the purchase of goods or
services from small business concerns those certified as minority or
women-owned business enterprises, or goods or technology that are recy-
cled or remanufactured, in an amount not to exceed five hundred thousand
dollars without a formal competitive process, PROVIDED THAT THE ENVIRON-
MENTAL FACILITIES CORPORATION, THE BATTERY PARK CITY AUTHORITY, THE NEW
S. 3008--B 69
YORK STATE HOUSING FINANCE AGENCY CONSTITUTED UNDER ARTICLE THREE OF THE
PRIVATE HOUSING FINANCE LAW, AND THE HUDSON RIVER PARK TRUST AS CONSTI-
TUTED UNDER THE HUDSON RIVER PARK ACT MAY BY RESOLUTION WAIVE COMPETI-
TION FOR THE PURCHASE OF GOODS OR SERVICES IN THE CITY OF NEW YORK FROM
THOSE CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES OR
SERVICE-DISABLED VETERAN-OWNED BUSINESSES, IN AN AMOUNT NOT TO EXCEED
ONE MILLION FIVE HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE
PROCESS;
(a) Each corporation shall annually submit its report on procurement
contracts to the division of the budget and copies thereof to the
department of audit and control, the department of economic development,
the senate finance committee and the assembly ways and means committee.
Such report shall include the total number and total dollar value of
contracts awarded to certified minority and women-owned business enter-
prises pursuant to subparagraph (i) of paragraph (b) of subdivision
three of this section. PROVIDED THAT THE ENVIRONMENTAL FACILITIES CORPO-
RATION, THE BATTERY PARK CITY AUTHORITY, THE NEW YORK STATE HOUSING
FINANCE AGENCY, AND THE HUDSON RIVER PARK TRUST SHALL ADDITIONALLY
REPORT ON CONTRACTS ENTERED INTO USING THE EXPANDED AUTHORITY PROVIDED
UNDER SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS
SECTION, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PERCENTAGE OF
THE TOTAL DOLLAR VALUE OF CONTRACTS AWARDED TO MINORITY AND WOMEN-OWNED
BUSINESS ENTITIES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTITIES
RELATIVE TO THE PREVIOUS FISCAL YEAR'S TOTAL AWARDS FOR ALL GOODS AND
SERVICES PURCHASES, A COMPARISON OF THE PERCENTAGE OF GOODS AND SERVICES
PURCHASES AWARDED PURSUANT TO SUCH SUBPARAGRAPH DURING THE FISCAL YEAR
RELATIVE TO THE PERCENTAGE OF SUCH PURCHASES AWARDED IN THE PREVIOUS
FISCAL YEAR, A COMPARISON OF THE PARTICIPATION RATE AND TOTAL DOLLAR
VALUE OF AWARDS TO MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND
SERVICE-DISABLED VETERAN-OWNED BUSINESSES USING THE AUTHORITY GRANTED
UNDER SUCH SUBPARAGRAPH RELATIVE TO SUCH PARTICIPATION RATE AND TOTAL
DOLLAR VALUE OF AWARDS PURSUANT TO THE PREVIOUS AUTHORIZATION LEVELS,
THE LENGTH OF TIME BETWEEN COMPLETION OF THE CONTRACT AND THE DATE IN
WHICH THE BUSINESS ENTERPRISE RECEIVED THE FULL EXPENDITURE OF FUNDS
AGREED UPON IN THE CONTRACT OR RELEVANT AMENDMENT, AND A DESCRIPTION OF
EACH CONTRACT AWARDED TO A MINORITY OR WOMEN-OWNED BUSINESS ENTITY OR
SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTITY PURSUANT TO SUCH SUBPAR-
AGRAPH, INCLUDING THE LIST OF QUALIFIED BIDDERS AND THE TOTAL COST OF
EACH PROJECT.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to section 163 of the state finance law made by sections
one and one-a of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART NN
Intentionally Omitted
PART OO
Section 1. Section 321 of the agriculture and markets law, as amended
by chapter 158 of the laws of 2018, is amended to read as follows:
§ 321. Statement of legislative findings and intent. It is hereby
found and declared that agricultural lands are irreplaceable state
assets. In an effort to maintain the economic viability, and environ-
S. 3008--B 70
mental and landscape preservation values associated with agriculture,
the state must explore ways to sustain the state's valuable farm economy
[and to protect] BY PROTECTING farm operations and the ASSOCIATED land
base [associated with it] AND SUPPORTING LOCAL AND REGIONAL FOOD
SYSTEMS. External pressures on farm stability such as population growth
[in non-metropolitan areas], CLIMATE CHANGE, lack of access to afforda-
ble farmland, and public infrastructure development pose a significant
threat to farm operations, yet are the pressures over which farmers have
the least control. Local initiatives in agricultural protection policy,
facilitated by the agricultural districts program established in article
twenty-five-AA of this chapter, have proved effective as a basic step in
addressing these pressures. In an effort to encourage further develop-
ment of agricultural and farmland protection programs, and to recognize
both the crucial role that local government plays in developing these
strategies, plus the state constitutional directive to the legislature
to provide for the protection of agricultural lands, it is therefore
declared the policy of the state to promote local initiatives for agri-
cultural and farmland protection.
§ 2. Subdivision 1 of section 322 of the agriculture and markets law,
as amended by chapter 158 of the laws of 2018, is amended to read as
follows:
1. "Agricultural and farmland protection" means [the preservation]
LOCAL GOVERNMENT INITIATIVES TO: PRESERVE, [conservation] CONSERVE,
[management] MANAGE or [improvement of] IMPROVE lands which are part of
viable farming operations, for the purpose of encouraging such lands to
remain in agricultural production[. Such preservation efforts include]
INCLUDING the use of farmland protection conservation easements [and
purchase of development rights.]; AND ACTIVITIES WHICH SUPPORT LOCAL AND
REGIONAL FOOD SYSTEMS.
§ 3. Subdivisions 6 and 7 of section 322 of the agriculture and
markets law, as added by chapter 158 of the laws of 2018, are amended to
read as follows:
6. "Farmer-purchaser farmland protection agreement" means preemptive
purchase rights or other provisions that are part of or linked to a
farmland protection conservation easement providing the easement holder
the preferential right to purchase protected farmland at its agricul-
tural use value in the event the landowner intends to sell such farmland
to a purchaser who does not intend to maintain the land in [commercial]
agricultural production and who does not have the requisite farming
experience and farming income to demonstrate, in a manner acceptable to
the department, a good faith plan to maintain the land in [commercial]
agricultural production. The purpose of such provisions is to ensure
that farmer-purchasers who would maintain protected farmland in [commer-
cial] agricultural production can afford such farmland that might other-
wise be sold at a higher price to other purchasers.
7. "Agricultural use value" means the fair market value of a property
that is restricted by an easement to its productive [commercial] agri-
cultural use value rather than the highest and/or best potential use
value for residential or other non-agricultural purposes.
§ 4. Section 322 of the agriculture and markets law is amended by
adding three new subdivisions 8, 9 and 10 to read as follows:
8. "LOCAL AND REGIONAL FOOD SYSTEMS" MEANS A COLLABORATIVE NETWORK
THAT INTEGRATES SUSTAINABLE PRODUCTION, PROCESSING, DISTRIBUTION, AND
CONSUMPTION OF HUMAN FOOD, AND THE ASSOCIATED MANAGEMENT OF WASTES ORIG-
INATING FROM WITHIN THIS NETWORK, IN ORDER TO ENHANCE THE ENVIRONMENTAL,
ECONOMIC, AND SOCIAL HEALTH OF A PARTICULAR AREA.
S. 3008--B 71
9. "LOCAL FOOD SUPPLY CHAIN" MEANS ALL PROCESSES INVOLVED IN THE LOCAL
MOVEMENT OF HUMAN FOODS FROM THE FARM TO THE CONSUMER, INCLUDING MARKET-
ING, MARKETS, DISTRIBUTION, AGGREGATION, PROCESSING, PACKAGING, PURCHAS-
ING, PREPARATION, RESOURCE RECOVERY, AND WASTE DISPOSAL.
10. "URBAN AGRICULTURE" MEANS THE PRODUCTION, PROCESSING, DISTRIB-
UTION, AND MARKETING OF FOOD WITHIN URBAN, SUBURBAN, AND PERI-URBAN
(I.E., ON THE PERIMETER OF URBAN AREAS) AREAS FOR COMMERCIAL, NON-COM-
MERCIAL, EDUCATIONAL, OR NOT-FOR-PROFIT PURPOSES.
§ 5. Section 324 of the agriculture and markets law, as added by chap-
ter 797 of the laws of 1992 and paragraph (c) of subdivision 1 as
amended by chapter 248 of the laws of 2015, is amended to read as
follows:
§ 324. County agricultural and farmland protection plans. 1. County
agricultural and farmland protection boards may develop plans, in coop-
eration with the local soil and water conservation district and soil
conservation service, which shall include, but not be limited to:
(a) the location of any land or areas proposed to be protected;
(b) an analysis of the following factors concerning any areas and
lands proposed to be protected:
(i) value to the agricultural economy of the county;
(ii) open space value;
(iii) consequences of possible conversion; [and]
(iv) level of conversion pressure on the lands or areas proposed to be
protected; and
(V) THE DEGREE TO WHICH THE LANDS OR AREAS PROPOSED TO BE PROTECTED
SERVE AS A BUFFER FOR A SIGNIFICANT PUBLIC RESOURCE; AND
(c) a description of the activities, programs and strategies, includ-
ing efforts to support the successful transfer of agricultural land from
existing owners to new owners and operators, especially new and begin-
ning farmers, intended to be used by the county to promote continued
agricultural use, AND TO SUSTAIN A RESILIENT LOCAL FOOD SUPPLY CHAIN
WITHIN LOCAL AND REGIONAL FOOD SYSTEMS, which may include but not be
limited to revisions to the county's comprehensive plan pursuant to
section two hundred thirty-nine-d or two hundred thirty-nine-i of the
general municipal law[.]; AND
(D) IDENTIFICATION OF POTENTIAL FUNDING SOURCES FOR EACH OF THE ACTIV-
ITIES, PROGRAMS AND STRATEGIES IDENTIFIED IN THE PLAN, WHICH SHALL
INCLUDE PUBLIC AND PRIVATE SOURCES.
2. The county agricultural and farmland protection board shall conduct
at least one public hearing for public input regarding such agricultural
and farmland protection plan, and shall thereafter submit such plan to
the county legislative body for its approval.
3. The county agricultural protection plan must be submitted by the
county to the commissioner for approval.
4. (A) SUBJECT TO THE AVAILABILITY OF FUNDS, STATE ASSISTANCE PAYMENTS
SHALL BE MADE AVAILABLE FOR COUNTIES TO CONDUCT AGRICULTURAL AND FARM-
LAND PROTECTION PLANNING ACTIVITIES. STATE ASSISTANCE PAYMENTS FOR PLAN-
NING SHALL NOT EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS TO EACH COUNTY
OR THREE HUNDRED THOUSAND DOLLARS TO TWO SUCH COUNTIES APPLYING JOINTLY,
AND SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE COST OF PREPARING AN
AGRICULTURAL AND FARMLAND PROTECTION PLAN.
(B) A COUNTY WHICH HAS AN APPROVED AGRICULTURAL AND FARMLAND
PROTECTION PLAN MAY AFTER SIXTY MONTHS FROM THE DATE OF SUCH APPROVAL BY
THE COMMISSIONER APPLY FOR ADDITIONAL STATE ASSISTANCE PAYMENTS FOR
PLANNING ACTIVITIES RELATED TO THE UPDATING OF THEIR CURRENT PLAN OR
DEVELOPMENT OF A NEW AGRICULTURAL AND FARMLAND PROTECTION PLAN. SUCH
S. 3008--B 72
ADDITIONAL STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED ONE HUNDRED FIFTY
THOUSAND DOLLARS TO EACH COUNTY WHETHER APPLYING INDIVIDUALLY OR IF TWO
OR MORE COUNTIES ARE APPLYING JOINTLY, AND SHALL NOT EXCEED SEVENTY-FIVE
PERCENT OF THE COST OF PREPARING AN AGRICULTURAL AND FARMLAND PROTECTION
PLAN.
(C) A COUNTY OR TWO OR MORE COUNTIES ACTING JOINTLY SHALL APPLY FOR
STATE ASSISTANCE PAYMENTS FOR AGRICULTURAL AND FARMLAND PROTECTION PLAN-
NING ACTIVITIES IN SUCH MANNER AS THE COMMISSIONER MAY PRESCRIBE.
§ 6. Section 324-a of the agriculture and markets law, as added by
chapter 527 of the laws of 2005 and paragraph (c) of subdivision 1 as
amended by chapter 248 of the laws of 2015, is amended to read as
follows:
§ 324-a. Municipal agricultural and farmland protection plans. 1.
Municipalities may develop agricultural and farmland protection plans,
in cooperation with cooperative extension and other organizations,
including local farmers. These plans shall include, but not be limited
to:
(a) the location of any land or areas proposed to be protected;
(b) an analysis of the following factors concerning any areas and
lands proposed to be protected:
(i) value to the agricultural economy of the municipality;
(ii) open space value;
(iii) consequences of possible conversion; [and]
(iv) level of conversion pressure on the lands or areas proposed to be
protected; and
(V) THE DEGREE TO WHICH THE LANDS OR AREAS PROPOSED TO BE PROTECTED
SERVE AS A BUFFER FOR A SIGNIFICANT PUBLIC RESOURCE; AND
(c) a description of activities, programs and strategies, including
efforts to support the successful transfer of agricultural land from
existing owners to new owners and operators, especially new and begin-
ning farmers, intended to be used by the municipality to promote contin-
ued agricultural use, AND TO SUSTAIN A RESILIENT LOCAL FOOD SUPPLY CHAIN
WITHIN LOCAL AND REGIONAL FOOD SYSTEMS, which may include but not be
limited to revisions to the municipality's comprehensive plan pursuant
to section two hundred seventy-two-a of the town law, SECTION TWENTY-
EIGHT-A OF THE GENERAL CITY LAW, or section 7-722 of the village law as
appropriate[.]; AND
(D) IDENTIFICATION OF POTENTIAL FUNDING SOURCES FOR EACH OF THE
ACTIVITIES, PROGRAMS AND STRATEGIES IDENTIFIED IN THE PLAN, WHICH SHALL
INCLUDE PUBLIC AND PRIVATE SOURCES.
2. The municipality shall conduct at least one public hearing for
public input regarding such agricultural and farmland protection plan,
and shall thereafter submit such plan to the municipal legislative body
and the county agricultural farmland protection board for approval IF
SUCH BOARD EXISTS IN THE COUNTY WHERE THE MUNICIPALITY IS LOCATED.
3. The municipal agricultural and farmland protection plan must be
submitted by the municipality to the commissioner for approval.
4. (A) SUBJECT TO THE AVAILABILITY OF FUNDS, STATE ASSISTANCE PAYMENTS
SHALL BE MADE AVAILABLE FOR MUNICIPALITIES TO CONDUCT AGRICULTURAL AND
FARMLAND PROTECTION PLANNING ACTIVITIES. STATE ASSISTANCE PAYMENTS FOR
PLANNING ACTIVITIES SHALL NOT EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS
TO EACH MUNICIPALITY OTHER THAN A COUNTY WHETHER APPLYING INDIVIDUALLY
OR IF TWO OR MORE MUNICIPALITIES ARE APPLYING JOINTLY, AND SHALL NOT
EXCEED SEVENTY-FIVE PERCENT OF THE COST OF PREPARING AN AGRICULTURAL AND
FARMLAND PROTECTION PLAN. STATE ASSISTANCE PAYMENTS FOR PLANNING ACTIV-
ITIES CONDUCTED BY THE CITY OF NEW YORK SHALL NOT EXCEED THREE HUNDRED
S. 3008--B 73
THOUSAND DOLLARS, AND SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE COST
OF PREPARING AN AGRICULTURAL AND FARMLAND PROTECTION PLAN.
(B) A MUNICIPALITY WHICH HAS AN APPROVED AGRICULTURAL AND FARMLAND
PROTECTION PLAN MAY AFTER SIXTY MONTHS FROM THE DATE OF SUCH APPROVAL BY
THE COMMISSIONER APPLY FOR ADDITIONAL STATE ASSISTANCE PAYMENTS FOR
PLANNING ACTIVITIES RELATED TO THE UPDATING OF THEIR CURRENT PLAN OR
DEVELOPMENT OF A NEW AGRICULTURAL AND FARMLAND PROTECTION PLAN. SUCH
ADDITIONAL STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED ONE HUNDRED FIFTY
THOUSAND DOLLARS TO EACH MUNICIPALITY OTHER THAN A COUNTY WHETHER APPLY-
ING INDIVIDUALLY OR IF TWO OR MORE MUNICIPALITIES ARE APPLYING JOINTLY,
AND SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE COST OF PREPARING AN
AGRICULTURAL AND FARMLAND PROTECTION PLAN. STATE ASSISTANCE PAYMENTS TO
THE CITY OF NEW YORK FOR PLANNING ACTIVITIES TO UPDATE AN AGRICULTURAL
AND FARMLAND PROTECTION PLAN SHALL NOT EXCEED THREE HUNDRED THOUSAND
DOLLARS, AND SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE COST OF
PREPARING AN AGRICULTURAL AND FARMLAND PROTECTION PLAN.
(C) A MUNICIPALITY OR TWO OR MORE MUNICIPALITIES ACTING JOINTLY SHALL
APPLY FOR STATE ASSISTANCE PAYMENTS FOR AGRICULTURAL AND FARMLAND
PROTECTION PLANNING ACTIVITIES IN SUCH MANNER AS THE COMMISSIONER MAY
PRESCRIBE.
§ 7. Section 325 of the agriculture and markets law, as amended by
chapter 413 of the laws of 1996, subdivision 1 as amended, paragraph (c)
of subdivision 2 as added, and paragraphs (d) and (e) of subdivision 2
as relettered by chapter 150 of the laws of 2013, subdivision 2 as
amended by chapter 93 of the laws of 2010, paragraphs (b) and (d) of
subdivision 2 as amended by chapter 234 of the laws of 2010, paragraph
(f) of subdivision 2 as added by chapter 355 of the laws of 2014, and
paragraph (g) of subdivision 2 as added by chapter 158 of the laws of
2018, is amended to read as follows:
§ 325. [Agricultural] STATE ASSISTANCE PAYMENTS FOR AGRICULTURAL AND
FARMLAND protection PROJECTS. 1. Subject to the availability of funds,
a program is hereby established to finance through state assistance
payments the state share of the costs of locally-led agricultural and
farmland protection [activities] PROJECTS. [State assistance payments
for planning activities shall not exceed fifty thousand dollars to each
county agricultural and farmland protection board or one hundred thou-
sand dollars to two such boards applying jointly, and shall not exceed
fifty percent of the cost of preparing an agricultural and farmland
protection plan. State assistance payments for planning activities shall
not exceed twenty-five thousand dollars to each municipality other than
a county or fifty thousand dollars to two such municipalities applying
jointly, and shall not exceed seventy-five percent of the cost of
preparing an agricultural and farmland protection plan. A county which
has an approved farmland protection plan may after one hundred twenty
months from the date of such approval by the commissioner apply for
additional state assistance payments for planning activities related to
the updating of their current plan or development of a new farmland
protection plan. Such additional state assistance payments shall not
exceed fifty thousand dollars to each county agricultural and farmland
protection board or one hundred thousand dollars to two such boards
applying jointly, and shall not exceed fifty percent of the cost of
preparing an agricultural and farmland protection plan. State assistance
payments for implementation of approved agricultural and farmland
protection plans may fund up to seventy-five percent of the cost of
implementing the county plan or portion of the plan for which state
assistance payments are requested. State assistance payments to such
S. 3008--B 74
counties shall not exceed seventy-five percent of the cost of implement-
ing the local plan or portion of the plan for which state assistance has
been requested. Such maximum shall be increased by a percentage equal to
the percentage of the total eligible costs for such specified projects
that are contributed by the owner of the agricultural land for which the
project is being funded, provided, however, that in no event shall the
total of such state assistance payments exceed eighty-seven and one-half
percent of such eligible costs for any specified project.]
2. (a) [A county agricultural and farmland protection board, two such
boards acting jointly, a municipality or two such municipalities acting
jointly shall make application to the commissioner in such manner as the
commissioner may prescribe. Application for state assistance payments
for planning activities may be made at any time after the county agri-
cultural and farmland protection board has formed and has elected a
chairperson.] A county [agricultural and farmland protection board] may
make application for state assistance payments for plan implementation
at any time after the commissioner has approved a county agricultural
and farmland protection plan pursuant to section three hundred twenty-
four of this article. Application made jointly by two [county agricul-
tural and farmland protection boards] OR MORE COUNTIES may be made after
such agricultural and farmland protection plan is approved by each coun-
ty pursuant to the provisions of section three hundred twenty-four of
this article. State assistance payments to such counties shall not
exceed seventy-five percent of the cost of implementing the county agri-
cultural and farmland protection plan or portion of the plan for which
state assistance has been requested. SUCH MAXIMUM SHALL BE INCREASED BY
A PERCENTAGE EQUAL TO THE PERCENTAGE OF THE TOTAL ELIGIBLE COSTS FOR
AGRICULTURAL AND FARMLAND PROTECTION PROJECTS THAT ARE CONTRIBUTED BY
THE OWNER OF THE AGRICULTURAL LAND FOR WHICH THE PROJECT IS BEING FUND-
ED; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE TOTAL OF SUCH STATE
ASSISTANCE PAYMENTS EXCEED EIGHTY-SEVEN AND ONE-HALF PERCENT OF SUCH
ELIGIBLE COSTS FOR ANY AGRICULTURAL AND FARMLAND PROTECTION PROJECT. The
commissioner may require such information or additional planning as [he
or she deems] THEY DEEM necessary to evaluate such a request for state
assistance.
(b) Within a county, a municipality which has in place a local AGRI-
CULTURAL AND farmland protection plan may apply and shall be eligible
for [agricultural protection] state assistance payments to implement its
plan, or a portion of its plan, provided the proposed project is
endorsed for funding by the agricultural and farmland protection board
for the county in which the municipality is located [and that any]. ANY
plan developed on or after January first, two thousand six [complies]
MUST COMPLY with section three hundred twenty-four-a of this article.
State assistance payments to such municipalities shall not exceed seven-
ty-five percent of the cost of implementing the local plan or portion of
the plan for which state assistance has been requested. Such maximum
shall be increased by a percentage equal to the percentage of the total
eligible costs for [such specified] AGRICULTURAL AND FARMLAND PROTECTION
projects that are contributed by the owner of the agricultural land for
which the project is being funded; provided, however, that in no event
shall the total of such state assistance payments exceed eighty-seven
and one-half percent of such eligible costs for any [specified] AGRICUL-
TURAL AND FARMLAND PROTECTION project. The commissioner may require such
information or additional planning as [he or she deems] THEY DEEM neces-
sary to evaluate such a request for state assistance.
S. 3008--B 75
(c) A soil and water conservation district may apply and shall be
eligible for agricultural protection state assistance payments to imple-
ment a county or municipal agricultural and farmland protection plan
approved by the commissioner provided that the proposed project is
endorsed for funding by the county agricultural and farmland protection
board for the county in which the proposed project is located. A soil
and water conservation district, two such soil and water conservation
districts acting jointly, a soil and water conservation district and a
municipality acting jointly, or a soil and water conservation district
and a not-for-profit conservation organization acting jointly shall make
application to the commissioner in such manner as the commissioner may
prescribe. The proposed project must also be endorsed for funding by the
municipality in which the proposed project is located if the soil and
water conservation district is seeking agricultural protection state
assistance payments to implement an approved municipal agricultural and
farmland protection plan. ANY SOIL AND WATER CONSERVATION DISTRICT
PROPOSING A PROJECT LOCATED WITHIN THE CITY OF NEW YORK MUST HAVE ITS
PROJECT ENDORSED FOR FUNDING BY THE CITY COUNCIL OR BY ANY BOARD SO
DELEGATED BY ITS CITY COUNCIL. State assistance payments to such soil
and water conservation districts shall not exceed seventy-five percent
of the cost of implementing the local plan or portion of the plan for
which state assistance has been requested. Such maximum shall be
increased by a percentage equal to the percentage of the total eligible
costs for [such specified] AGRICULTURAL AND FARMLAND PROTECTION projects
that are contributed by the owner of the agricultural land for which the
project is being funded; provided, however, that in no event shall the
total of such state assistance payments exceed eighty-seven and one-half
percent of such eligible costs for any [specified] AGRICULTURAL AND
FARMLAND PROTECTION project. The commissioner may require such informa-
tion or additional planning as [he or she deems] THEY DEEM necessary to
evaluate such a request for state assistance.
(d) A not-for-profit conservation organization may apply and shall be
eligible for agricultural protection state assistance payments to imple-
ment a county or municipal agricultural and farmland protection plan
approved by the commissioner provided that the proposed project is
endorsed for funding by the [county agricultural and farmland protection
board] LEGISLATIVE BODY for the [county] MUNICIPALITY in which the
proposed project is located[. The proposed project must also be endorsed
for funding by the municipality in which the proposed project is
located] if the not-for-profit conservation organization is seeking
[agricultural protection state assistance payments to implement]
PAYMENTS FOR AN AGRICULTURAL AND FARMLAND PROTECTION PROJECT CONSISTENT
WITH an approved municipal agricultural and farmland protection plan.
ANY NOT-FOR-PROFIT CONSERVATION ORGANIZATION PROPOSING A PROJECT LOCATED
WITHIN THE CITY OF NEW YORK MUST HAVE ITS PROJECT ENDORSED FOR FUNDING
BY THE CITY COUNCIL OR BY ANY BOARD SO DELEGATED BY ITS CITY COUNCIL.
State assistance payments to such not-for-profit organizations shall not
exceed seventy-five percent of the cost of implementing the [local plan
or portion of the plan] AGRICULTURAL AND FARMLAND PROTECTION PROJECT for
which state assistance has been requested. Such maximum shall be
increased by a percentage equal to the percentage of the total eligible
costs for [such specified] AGRICULTURAL AND FARMLAND PROTECTION projects
that are contributed by the owner of the agricultural land for which the
project is being funded; provided, however, that in no event shall the
total of such state assistance payments exceed eighty-seven and one-half
percent of such eligible costs for any [specified] AGRICULTURAL AND
S. 3008--B 76
FARMLAND PROTECTION project. The commissioner may require such informa-
tion or additional planning as [he or she deems] THEY DEEM necessary to
evaluate such a request for state assistance.
(e) In evaluating applications for funding, the commissioner shall
give priority to projects intended to preserve viable agricultural land
as defined in section three hundred one of this chapter; that are in
areas facing significant development pressure; and that serve as a buff-
er for a significant natural public resource containing important
ecosystem or habitat characteristics.
(f) In evaluating applications for funding, the commissioner shall
consider whether future physical climate risk due to sea level rise,
and/or storm surges and/or flooding, based on available data predicting
the likelihood of future extreme weather events, including hazard risk
analysis data if applicable, has been considered.
(g) In evaluating applications for funding, projects for protecting
agricultural land that include farmer-purchaser farmland protection
agreements are eligible for state assistance payments.
3. Upon receipt of a request for state assistance, the commissioner
shall review the request, consult with the advisory council on agricul-
ture and, within ninety days from the receipt of a complete application,
shall make a determination as to whether or not such projects shall
receive state assistance.
§ 8. Subdivisions 2 and 6 of section 325-a of the agriculture and
markets law, as added by chapter 268 of the laws of 2008, are amended to
read as follows:
2. Awards of state assistance payments shall be made on a competitive
basis through a request for proposal process which shall set forth the
standards for the selection process, the required proposal format, the
costs which are eligible for funding, reporting requirements, and such
other provisions as the commissioner may deem necessary, proper or
desirable to achieve the purposes of this section. Applications for
state assistance payments FOR ACTIVITIES TO ASSIST COUNTIES AND MUNICI-
PALITIES OUTSIDE THE CITY OF NEW YORK must be endorsed by the agricul-
tural and farmland protection board for the county or counties in which
the funded activities would be implemented. ANY APPLICATION ASSOCIATED
WITH ACTIVITIES OCCURRING WITHIN THE CITY OF NEW YORK MUST BE ENDORSED
FOR FUNDING BY THE CITY COUNCIL OR BY ANY BOARD SO DELEGATED BY ITS CITY
COUNCIL.
6. State assistance payments awarded pursuant to this section shall
not exceed [fifty] SEVENTY-FIVE thousand dollars to any applicant in any
fiscal year[, and shall not exceed five hundred thousand dollars to all
applicants in any fiscal year].
§ 9. The agriculture and markets law is amended by adding two new
sections 325-b and 325-c to read as follows:
§ 325-B. STATE ASSISTANCE PAYMENTS TO COUNTIES. 1. SUBJECT TO THE
AVAILABILITY OF FUNDS, A PROGRAM IS HEREBY ESTABLISHED FOR THE PURPOSE
OF AWARDING STATE ASSISTANCE PAYMENTS TO COUNTIES TO IMPLEMENT ACTIV-
ITIES OF THEIR APPROVED AGRICULTURAL AND FARMLAND PROTECTION PLANS OTHER
THAN AGRICULTURAL AND FARMLAND PROTECTION PROJECTS FUNDED PURSUANT TO
SECTION THREE HUNDRED TWENTY-FIVE OF THIS ARTICLE. STATE ASSISTANCE
PAYMENTS TO SUCH COUNTIES SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE
COST OF IMPLEMENTING THE ACTIVITIES FOR WHICH STATE ASSISTANCE HAS BEEN
REQUESTED. THE COMMISSIONER MAY REQUIRE SUCH INFORMATION DEEMED NECES-
SARY TO EVALUATE SUCH A REQUEST FOR STATE ASSISTANCE. ELIGIBLE ACTIV-
ITIES SHALL INCLUDE, BUT NOT BE LIMITED TO:
S. 3008--B 77
(A) AUDIT A MUNICIPALITY'S LAND USE AND SUBDIVISION REGULATIONS,
ZONING, OR SITE PLAN REQUIREMENTS TO ASSESS POTENTIAL HARDSHIP OR UNREA-
SONABLE RESTRICTIONS TO AGRICULTURAL LAND AND FARM OPERATIONS;
(B) AUDIT A MUNICIPALITY'S ZONING TO ASSESS OPPORTUNITIES AND CHAL-
LENGES TO RECRUITING AND RETAINING AGRICULTURE SUPPORT SERVICE PROVID-
ERS;
(C) INCORPORATE LOCAL AND REGIONAL FOOD SYSTEM PLANNING INTO EXISTING
EMERGENCY MANAGEMENT AND DISASTER PLANS OF COUNTY AND MUNICIPAL GOVERN-
MENTS;
(D) COMPILE AND DISSEMINATE PLANNING GUIDE OR GUIDES THAT HELP IDENTI-
FY EXISTING AND EMERGING CONSTRAINTS FOR URBAN AGRICULTURE AND SUGGESTED
STRATEGIES FOR MUNICIPALITIES TO ENCOURAGE AND SUSTAIN URBAN AGRICUL-
TURE;
(E) COMPILE AND DISSEMINATE PLANNING GUIDE OR GUIDES IN SUPPORT OF
AGRICULTURAL ECONOMIC DEVELOPMENT, SUCH AS OPPORTUNITIES TO INCORPORATE
AGRICULTURAL TOURISM OR OTHER VALUE-ADDED ENTERPRISES TO FARM OPERATIONS
IN A MANNER COMPATIBLE WITH AGRICULTURAL LAND USE; AND
(F) COMPILE AND DISSEMINATE PLANNING GUIDE(S) THAT HELP IDENTIFY
EMERGING LAND USE CONFLICTS WITH AGRICULTURE AND SUGGESTED STRATEGIES
FOR MUNICIPALITIES TO AVOID OR MITIGATE POTENTIAL HARM TO LOCAL FARM
OPERATIONS.
§ 325-C. STATE ASSISTANCE PAYMENTS FOR AGRICULTURAL AND FARMLAND
PROTECTION CAPACITY BUILDING INITIATIVES. 1. SUBJECT TO THE AVAILABILITY
OF FUNDS, STATE ASSISTANCE PAYMENTS MAY BE AWARDED TO COUNTIES, MUNICI-
PALITIES, SOIL AND WATER CONSERVATION DISTRICTS, AND NOT-FOR-PROFIT
CONSERVATION ORGANIZATIONS TO INCREASE STAFF CAPACITY TO ACCELERATE
LOCALLY-LED AGRICULTURAL AND FARMLAND PROTECTION PROJECTS. STATE
ASSISTANCE PAYMENTS MAY PROVIDE UP TO ONE HUNDRED PERCENT OF THE COST OF
EACH AWARDED STAFF CAPACITY INITIATIVE. THE COMMISSIONER MAY REQUIRE
SUCH INFORMATION AS SUCH COMMISSIONER DEEMS NECESSARY TO EVALUATE SUCH A
REQUEST FOR STATE ASSISTANCE. ANY COUNTY, MUNICIPALITY, SOIL AND WATER
CONSERVATION DISTRICT, OR NOT-FOR-PROFIT CONSERVATION ORGANIZATION WHICH
HAS PREVIOUSLY RECEIVED STATE ASSISTANCE FROM AN AWARD FROM THIS PROGRAM
MAY, AFTER ONE HUNDRED TWENTY MONTHS FROM THE DATE OF THE FINAL PAYMENT
ASSOCIATED WITH SUCH PRIOR AWARD, APPLY FOR ADDITIONAL STATE ASSISTANCE
PAYMENTS FOR AGRICULTURAL AND FARMLAND PROTECTION CAPACITY BUILDING.
2. SUBJECT TO THE AVAILABILITY OF FUNDS, STATE ASSISTANCE PAYMENTS MAY
BE AWARDED TO RECENTLY ESTABLISHED NOT-FOR-PROFIT CONSERVATION ORGANIZA-
TIONS TO SPECIFICALLY CARRY OUT LOCALLY LED AGRICULTURAL AND FARMLAND
PROTECTION PROJECTS. STATE ASSISTANCE PAYMENTS MAY PROVIDE UP TO ONE
HUNDRED PERCENT OF QUALIFIED FIVE-YEAR START-UP COSTS FOR SUCH NOT-FOR-
PROFIT CONSERVATION ORGANIZATIONS. THE COMMISSIONER MAY REQUIRE SUCH
INFORMATION AS THEY DEEM NECESSARY TO EVALUATE SUCH A REQUEST FOR STATE
ASSISTANCE.
§ 10. This act shall take effect immediately.
PART PP
Section 1. Subdivision 11 of section 27-1901 of the environmental
conservation law, as added by section 3 of part V1 of chapter 62 of the
laws of 2003, is amended to read as follows:
11. "Tire service" means any person or business [in New York state]
who sells or installs new tires for use on any vehicle and any person or
business who engages in the retail sale of new motor vehicles. [A person
who is not the end point of sale and any governmental agency or poli-
tical subdivision are excluded from this term] THE UNITED STATES OF
S. 3008--B 78
AMERICA AND ANY OF ITS AGENCIES AND INSTRUMENTALITIES, AND NEW YORK
STATE AND ANY OF ITS AGENCIES, INSTRUMENTALITIES, PUBLIC CORPORATIONS,
OR POLITICAL SUBDIVISIONS ARE EXCLUDED FROM THIS TERM.
§ 2. Subdivision 1 and the opening paragraph of subdivision 2 of
section 27-1905 of the environmental conservation law, as amended by
section 1 of part MM of chapter 58 of the laws of 2022, are amended to
read as follows:
1. Until December thirty-first, two thousand [twenty-five] TWENTY-SEV-
EN, accept from a customer, waste tires of approximately the same size
and in a quantity equal to the number of new tires purchased or
installed by the customer; and
Until December thirty-first, two thousand [twenty-five] TWENTY-SEVEN,
post written notice in a prominent location, which must be at least
eight and one-half inches by fourteen inches in size and contain the
following language:
§ 3. Subdivisions 1, 2 and 3 of section 27-1913 of the environmental
conservation law, subdivisions 1 and 2 as amended by section 2 and
subdivision 3 as amended by section 3 of part MM of chapter 58 of the
laws of 2022, are amended to read as follows:
1. Until December thirty-first, two thousand [twenty-five] TWENTY-SEV-
EN, a waste tire management and recycling fee of two dollars and fifty
cents shall be charged on each new tire sold. The fee shall be paid by
the purchaser to the tire service at the time the new tire or new motor
vehicle is purchased; PROVIDED, HOWEVER, THAT THE FEE SHALL BE PAID BY A
PURCHASER TO A TIRE SERVICE UPON INSTALLATION OF NEW TIRES UNLESS THE
PURCHASER CAN DEMONSTRATE THAT THE FEE WAS PREVIOUSLY PAID TO THE
SELLER.
The waste tire management and recycling fee does not apply to:
(a) recapped or resold tires[;
(b) mail-order sales]; or
[(c)] (B) the sale of new motor vehicle tires to a person solely for
the purpose of resale provided the subsequent retail sale in this state
is subject to such fee.
2. Until December thirty-first, two thousand [twenty-five] TWENTY-SEV-
EN, the tire service shall collect the waste tire management and recycl-
ing fee from the purchaser at the time of the sale and shall remit such
fee to the department of taxation and finance with the quarterly report
filed pursuant to subdivision three of this section.
(a) The fee imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
(b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
3. Each tire service [maintaining a place of business in this state]
THAT IS A "PERSON REQUIRED TO COLLECT TAX" AS DEFINED IN SECTION ELEVEN
HUNDRED THIRTY-ONE OF THE TAX LAW shall make a return to the department
of taxation and finance on such form and including such information as
the commissioner of taxation and finance may require. Such returns shall
be due at the same time and for the same periods as the sales tax return
of such tire service, in accordance with section eleven hundred thirty-
six of the tax law, and payment of all fees due for such periods shall
be remitted with such returns.
§ 4. Paragraph (a) of subdivision 6 of section 27-1913 of the environ-
mental conservation law, as amended by section 2 of part MM of chapter
58 of the laws of 2022, is amended to read as follows:
(a) Until December thirty-first, two thousand [twenty-five] TWENTY-
SEVEN, any additional waste tire management and recycling costs of the
S. 3008--B 79
tire service in excess of the amount authorized to be retained pursuant
to paragraph (b) of subdivision two of this section may be included in
the published selling price of the new tire, or charged as a separate
per-tire charge on each new tire sold. When such costs are charged as a
separate per-tire charge: (i) such charge shall be stated as an invoice
item separate and distinct from the selling price of the tire; (ii) the
invoice shall state that the charge is imposed at the sole discretion of
the tire service; and (iii) the amount of such charge shall reflect the
actual cost to the tire service for the management and recycling of
waste tires accepted by the tire service pursuant to section 27-1905 of
this title, provided however, that in no event shall such charge exceed
two dollars and fifty cents on each new tire sold.
§ 5. This act shall take effect September 1, 2025.
PART QQ
Section 1. Section 2 of part ZZ of chapter 55 of the laws of 2021
amending the environmental conservation law relating to establishing a
deer hunting pilot program, as amended by section 2 of part RR of chap-
ter 58 of the laws of 2023, is amended to read as follows:
§ 2. This act shall take effect June 1, 2021 [and shall expire and be
deemed repealed December 31, 2025].
§ 2. This act shall take effect immediately.
PART RR
Section 1. Section 27-1301 of the environmental conservation law is
amended by adding five new subdivisions 7-a, 8, 9, 10 and 11 to read as
follows:
7-A. "MUNICIPALITY" MEANS A CITY, COUNTY, TOWN, VILLAGE, PUBLIC BENE-
FIT CORPORATION OR SCHOOL DISTRICT, OR AN IMPROVEMENT DISTRICT WITHIN A
CITY, COUNTY, TOWN, OR VILLAGE, OR AN INDIAN TRIBE RESIDING WITHIN THE
STATE, OR ANY COMBINATION THEREOF.
8. "NATURAL RESOURCE DAMAGES" MEANS THE AMOUNT OF MONEY SOUGHT AS
COMPENSATION FOR INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL
RESOURCES, INCLUDING THE REASONABLE COSTS OF ASSESSING SUCH INJURY,
DESTRUCTION, OR LOSS RESULTING FROM THE DISPOSAL OF HAZARDOUS WASTE AT
AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE, AND INCLUDING ADMINISTRATIVE
AND LEGAL COSTS. DAMAGES MAY ALSO INCLUDE THE VALUE OF THE NATURAL
RESOURCE SERVICES LOST FOR THE TIME PERIOD FROM THE DISPOSAL UNTIL THE
ATTAINMENT OF SUCH RESTORATION, REHABILITATION, REPLACEMENT, AND/OR
ACQUISITION OF EQUIVALENT NATURAL RESOURCES.
9. "NATURAL RESOURCES" MEANS LAND, FISH, WILDLIFE, BIOTA, AIR, WATER,
GROUND WATER, DRINKING WATER SUPPLIES, AND OTHER SUCH RESOURCES BELONG-
ING TO, MANAGED BY, HELD IN TRUST BY, APPERTAINING TO, OR OTHERWISE
CONTROLLED BY THE STATE OR A MUNICIPALITY.
10. "RESPONSE COSTS" MEANS THE STATE'S COSTS OF DEVELOPING, IMPLEMENT-
ING, AND/OR OVERSEEING AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE REMEDI-
AL PROGRAM.
11. "RESPONSIBLE PERSON" OR "PERSON RESPONSIBLE" FOR THE DISPOSAL OF
HAZARDOUS WASTE AT A SITE MEANS:
(A) ANY PERSON WHO CURRENTLY OWNS OR OPERATES A SITE OR ANY PORTION
THEREOF;
(B) ANY PERSON WHO OWNED OR OPERATED A SITE OR ANY PORTION THEREOF AT
THE TIME OF DISPOSAL OF THE HAZARDOUS WASTE;
(C) ANY PERSON WHO GENERATED ANY HAZARDOUS WASTE DISPOSED AT A SITE;
S. 3008--B 80
(D) ANY PERSON WHO TRANSPORTED ANY HAZARDOUS WASTE TO A SITE SELECTED
BY SUCH PERSON;
(E) ANY PERSON WHO DISPOSED OF ANY HAZARDOUS WASTE AT A SITE;
(F) ANY PERSON WHO ARRANGED FOR:
(I) THE TRANSPORTATION OF ANY HAZARDOUS WASTE TO A SITE; OR
(II) THE DISPOSAL OF ANY HAZARDOUS WASTE AT A SITE; AND
(G) ANY OTHER PERSON WHO IS RESPONSIBLE ACCORDING TO THE APPLICABLE
PRINCIPLES OF STATUTORY OR COMMON LAW LIABILITY PURSUANT TO SUBDIVISION
FOUR OF SECTION 27-1313 OF THIS TITLE AND/OR THE COMPREHENSIVE ENVIRON-
MENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ("CERCLA"), 42 U.S.C. §
9601 ET SEQ.
§ 2. Paragraph b of subdivision 2 of section 27-1305 of the environ-
mental conservation law, as amended by section 3 of part E of chapter 1
of the laws of 2003, is amended and a new paragraph b-1 is added to read
as follows:
b. The department shall, as part of the registry, assess and, based
upon new information received, reassess by March thirty-first of each
year, in cooperation with the department of health, the relative need
for action at each site to remedy environmental and health problems
resulting from the presence of hazardous wastes at such sites INCLUDING
IN SUCH ASSESSMENT WHETHER SITES SHALL BE PRIORITIZED UNDER PARAGRAPH B
OF SUBDIVISION FIVE OF SECTION 27-1313 OF THIS TITLE DUE TO SITE
LOCATION IN AN AREA IDENTIFIED AS A DISADVANTAGED COMMUNITY PURSUANT TO
SUBDIVISION FIVE OF SECTION 75-0101 OF THIS CHAPTER; provided, however,
that if at the time of such assessment or reassessment, the department
has not placed a site in classification 1 or 2, as described in subpara-
graphs one and two of this paragraph, and such site is the subject of
negotiations for, or implementation of, a brownfield site cleanup agree-
ment pursuant to title fourteen of this article, obligating the person
subject to such agreement to, at a minimum, eliminate or mitigate all
significant threats to the public health and environment posed by the
hazardous waste pursuant to such agreement, the department shall defer
its assessment or reassessment during the period such person is engaged
in good faith negotiations to enter into such an agreement and, follow-
ing its execution, is in compliance with the terms of such agreement,
and shall assess or reassess such site upon completion of remediation to
the department's satisfaction. In making its assessments, the department
shall place every site in one of the following classifications:
(1) Causing or presenting an imminent danger of causing irreversible
or irreparable damage to the public health or environment--immediate
action required;
(2) Significant threat to the public health or environment--action
required;
(3) Does not present a significant threat to the public health or
environment--action may be deferred;
(4) Site properly closed--requires continued management;
(5) Site properly closed, no evidence of present or potential adverse
impact--no further action required.
B-1. THE DEPARTMENT SHALL PRIORITIZE REMEDIAL PROGRAMS AT SITES PLACED
IN CLASSIFICATION 1 OR 2, AS DESCRIBED IN SUBPARAGRAPHS ONE AND TWO OF
PARAGRAPH B OF THIS SUBDIVISION, THAT ARE LOCATED IN DISADVANTAGED
COMMUNITIES AS IDENTIFIED PURSUANT TO SUBDIVISION FIVE OF SECTION
75-0101 OF THIS CHAPTER, CONSISTENT WITH THE PROTECTION OF PUBLIC HEALTH
AND THE ENVIRONMENT.
S. 3008--B 81
§ 3. Paragraph b of subdivision 5 of section 27-1313 of the environ-
mental conservation law, as amended by chapter 857 of the laws of 1982,
is amended to read as follows:
b. In the event that the commissioner has found that hazardous wastes
at a site constitute a significant threat to the environment, but after
a reasonable attempt to determine who may be responsible is either
unable to determine who may be responsible, or is unable to locate a
person who may be responsible, the department may develop and implement
an inactive hazardous waste disposal site remedial program for such
site. THE DEPARTMENT SHALL PRIORITIZE IMPLEMENTATION OF REMEDIAL
PROGRAMS AT SITES LOCATED IN DISADVANTAGED COMMUNITIES AS IDENTIFIED
PURSUANT TO SUBDIVISION FIVE OF SECTION 75-0101 OF THIS CHAPTER. The
commissioner shall make every effort, in accordance with the require-
ments for notice, hearing and review provided for in this title, to
secure appropriate relief from any person subsequently identified or
located who is responsible for the disposal of hazardous waste at such
site, including, but not limited to, development and implementation of
an inactive hazardous waste disposal site remedial program, payment of
the cost of such a program, recovery of any reasonable expenses incurred
by the state, money damages and penalties.
§ 4. Section 27-1315 of the environmental conservation law, as amended
by section 7 of part E of chapter 1 of the laws of 2003 and subdivision
1 as amended by section 50 of part D of chapter 60 of the laws of 2012,
is amended to read as follows:
§ 27-1315. Rules and regulations.
1. The commissioner shall have the power to promulgate rules and regu-
lations necessary and appropriate to carry out the purposes of this
title. [Any regulations shall include provisions which establish the
procedures for a hearing pursuant to subdivision four of section 27-1313
of this title and shall ensure a division of functions between the
commissioner, the staff who present the case, and any hearing officers
appointed.] In addition, any regulations shall set forth findings to be
based on a factual record, which must be made before the commissioner
determines that a significant threat to the environment exists.
2. ANY REGULATIONS CONCERNING A HEARING PURSUANT TO SUBDIVISION FOUR
OF SECTION 27-1313 OF THIS TITLE SHALL INCLUDE PROVISIONS WHICH ESTAB-
LISH THE PROCEDURES FOR SUCH HEARING AND SHALL ENSURE A DIVISION OF
FUNCTIONS BETWEEN THE COMMISSIONER, THE STAFF WHO PRESENT THE CASE, AND
ANY HEARING OFFICERS APPOINTED.
3. Such rules and regulations of the department as shall be in effect
on the effective date of this subdivision that shall have been promul-
gated to carry out the purposes of this title shall be deemed to be
revised, as of the effective date of this subdivision, to include the
definition of "hazardous waste" as it appears in section 27-1301 of this
title.
§ 5. Subdivision 2 of section 27-1323 of the environmental conserva-
tion law, as added by section 9 of part E of chapter 1 of the laws of
2003, is amended to read as follows:
2. Municipal exemption. (a) For the purposes of this title no MUNICI-
PALITY OR public corporation shall incur any liability from any statuto-
ry claims of the state as an owner or operator of a site, or a person
responsible for the disposal of a hazardous waste at such site, if such
public corporation acquired such site involuntarily, and such public
corporation retained such site without participating in the development
of such site AS A RESPONSIBLE PERSON.
S. 3008--B 82
(b) This exemption shall not apply to any MUNICIPALITY OR public
corporation that has caused or contributed to the release or threatened
release of a hazardous waste from or onto the site, or to any public
corporation that generated, transported, or disposed of, arranged for,
or that caused the generation, transportation, or disposal of hazardous
waste, from or onto the site, EXCEPT WHERE SUCH MUNICIPALITY'S LIABILITY
ARISES OUT OF PFAS CONTAMINATION RESULTING FROM THE USE OF FIREFIGHTING
FOAM CONTAINING PFAS AND SUCH USE WAS AT THAT TIME MANDATED BY STATE OR
FEDERAL LAW, AND SUCH CONTAMINATION WAS NOT THROUGH GROSS NEGLIGENCE OR
WILLFUL OR INTENTIONAL MISCONDUCT. FOR PURPOSES OF THIS PARAGRAPH, PFAS
SHALL MEAN PFAS CHEMICALS, AS SUCH TERM IS DEFINED IN PARAGRAPH F OF
SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-ONE-U OF THE GENERAL
BUSINESS LAW, AS ADDED BY CHAPTER EIGHTY-EIGHT OF THE LAWS OF TWO THOU-
SAND TWENTY.
(c) When used in this section:
(1) "Public corporation" means a public corporation as defined in
section sixty-five of the general construction law, a local public
authority, supervisory district, improvement district within a county,
city, town, or village, or Indian nation or tribe recognized by the
state or the United States with a reservation wholly or partly within
the boundaries of New York state, or any combination thereof.
(2) "Involuntary acquisition of ownership or control" includes but is
not limited to the following:
(i) Acquisitions by a public corporation in its sovereign capacity,
including but not limited to acquisitions pursuant to abandonment
proceedings or bequest;
(ii) Acquisitions by a public corporation, or its agent, acting as a
conservator or receiver pursuant to a clear and direct statutory mandate
or regulatory authority;
(iii) Acquisitions of assets through foreclosure and its equivalents,
or otherwise, by a public corporation in the course of administering a
loan, loan guarantee, tax lien, or tax forbearance agreement, or loan
insurance program; or
(iv) Acquisitions by a public corporation pursuant to seizure, injunc-
tion, condemnation, or forfeiture authority; provided that such owner-
ship or control is not retained primarily for investment purposes.
(d) For the purpose of this section, the terms "foreclosure" and
"foreclose" mean, respectively, acquiring or to acquire a brownfield
site through:
(1) purchase at sale under a judgment or decree, power of sale, or
non-judicial foreclosure sale;
(2) a deed in lieu of foreclosure, or similar conveyance, or abandon-
ment from a person or trustee;
(3) conveyance pursuant to an extension of credit or tax forbearance
previously contracted; or
(4) any other formal or informal manner by which a person acquires,
for subsequent disposition, title to or possession of a site in order to
protect the security interest of the public corporation or lender.
(e) "Participating in development" means the carrying out, or causing
or permitting the carrying out, of any above-grade improvements to the
site or any other environmental investigation or remediation, except for
those improvements which are part of a site remedial program pursuant to
this article or in furtherance of site safety, such as fencing or light-
ing, but does not include licensing, regulatory oversight, or the mere
capacity to regulate or influence, or the unexercised right to control
S. 3008--B 83
the operation of the property. For purposes of this section, participat-
ing in development does not include:
(1) having the capacity to influence management of a site;
(2) having the unexercised right to control or to regulate the site or
operations thereof;
(3) holding, abandoning, or releasing a security interest or tax lien
on such site;
(4) including a condition relating to environmental compliance in a
contract, permit, license, or security agreement;
(5) monitoring or enforcing the terms and conditions of an agreement
or tax forbearance agreement;
(6) monitoring or undertaking one or more inspections of a site
including, but not limited to, boring test wells;
(7) exercising other remedies available under applicable laws;
(8) licensing, permitting, or granting permits, certificates of occu-
pancy and variances as allowed by law and/or regulation;
(9) applying for or participating in federal or state statutory
programs or benefits; or
(10) declining to take any of the actions described in subparagraphs
one through nine of this paragraph.
(f) Any public corporation that has taken possession of a site shall
notify the department of any release of hazardous waste within ten days
of obtaining actual knowledge of such release, unless a shorter notice
period is required under any other provision of law, in which case the
shorter notice period controls. Failure to notify the department within
the ten day or shorter notification period shall result in the loss of
the exemption set forth in this section.
§ 6. The environmental conservation law is amended by adding a new
section 27-1325 to read as follows:
§ 27-1325. FINANCIAL RESPONSIBILITY PROVISIONS.
1. THE DEPARTMENT MAY PROMULGATE REGULATIONS REGARDING FINANCIAL
RESPONSIBILITY FOR THE IMPLEMENTATION OF AN INACTIVE HAZARDOUS WASTE
DISPOSAL SITE REMEDIAL PROGRAM.
2. FINANCIAL RESPONSIBILITY REQUIRED BY SUBDIVISION ONE OF THIS
SECTION MAY BE ESTABLISHED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY
THE COMMISSIONER BY ANY ONE, OR ANY COMBINATION, OF THE FOLLOWING:
INSURANCE, GUARANTEE, SURETY BOND, LETTER OF CREDIT, OR QUALIFICATION AS
A SELF-INSURER. IN PROMULGATING REQUIREMENTS UNDER THIS SECTION, THE
COMMISSIONER IS AUTHORIZED TO SPECIFY POLICY OR OTHER CONTRACTUAL TERMS,
CONDITIONS, OR DEFENSES WHICH ARE NECESSARY OR ARE UNACCEPTABLE IN
ESTABLISHING SUCH EVIDENCE OF FINANCIAL RESPONSIBILITY IN ORDER TO
EFFECTUATE THE PURPOSES OF THIS ARTICLE.
3. IN ANY CASE WHERE THE RESPONSIBLE PERSON IS IN BANKRUPTCY, REORGAN-
IZATION, OR ARRANGEMENT PURSUANT TO THE FEDERAL BANKRUPTCY CODE OR
WHERE, WITH REASONABLE DILIGENCE, JURISDICTION IN ANY STATE OR FEDERAL
COURT WITHIN THE STATE CANNOT BE OBTAINED OVER A RESPONSIBLE PERSON
LIKELY TO BE SOLVENT AT THE TIME OF JUDGMENT, ANY CLAIM ARISING FROM
CONDUCT FOR WHICH EVIDENCE OF FINANCIAL RESPONSIBILITY SHALL BE PROVIDED
UNDER THIS SECTION MAY BE ASSERTED DIRECTLY AGAINST THE GUARANTOR
PROVIDING SUCH EVIDENCE OF FINANCIAL RESPONSIBILITY. IN THE CASE OF ANY
ACTION PURSUANT TO THIS SUBDIVISION, SUCH GUARANTOR SHALL BE ENTITLED TO
INVOKE ALL RIGHTS AND DEFENSES WHICH WOULD HAVE BEEN AVAILABLE TO THE
RESPONSIBLE PERSON IF ANY ACTION HAD BEEN BROUGHT AGAINST THE RESPONSI-
BLE PERSON BY THE CLAIMANT AND WHICH WOULD HAVE BEEN AVAILABLE TO THE
GUARANTOR IF AN ACTION HAD BEEN BROUGHT AGAINST THE GUARANTOR BY THE
RESPONSIBLE PERSON.
S. 3008--B 84
4. THE TOTAL LIABILITY OF ANY GUARANTOR SHALL BE LIMITED TO THE AGGRE-
GATE AMOUNT WHICH THE GUARANTOR HAS PROVIDED AS EVIDENCE OF FINANCIAL
RESPONSIBILITY TO THE RESPONSIBLE PERSON UNDER THIS CHAPTER. NOTHING IN
THIS SUBDIVISION SHALL BE CONSTRUED TO LIMIT ANY OTHER STATE OR FEDERAL
STATUTORY, CONTRACTUAL OR COMMON LAW LIABILITY OF A GUARANTOR TO ITS
RESPONSIBLE PERSON INCLUDING, BUT NOT LIMITED TO, THE LIABILITY OF SUCH
GUARANTOR FOR BAD FAITH EITHER IN NEGOTIATING OR IN FAILING TO NEGOTIATE
THE SETTLEMENT OF ANY CLAIM. NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED TO DIMINISH THE LIABILITY OF ANY PERSON UNDER SECTION 27-1313
OF THIS ARTICLE OR OTHER APPLICABLE LAW.
5. FOR THE PURPOSE OF THIS SECTION, THE TERM "GUARANTOR" MEANS ANY
PERSON, OTHER THAN THE RESPONSIBLE PERSON, WHO PROVIDES EVIDENCE OF
FINANCIAL RESPONSIBILITY FOR A RESPONSIBLE PERSON UNDER THIS SECTION.
§ 7. The environmental conservation law is amended by adding a new
section 27-1327 to read as follows:
§ 27-1327. RECOVERY OF RESPONSE COSTS AND NATURAL RESOURCE DAMAGES.
1. EACH RESPONSIBLE PERSON SHALL BE STRICTLY LIABLE, JOINTLY AND
SEVERALLY, FOR ALL RESPONSE COSTS AND FOR ALL NATURAL RESOURCE DAMAGES
RESULTING FROM THE DISPOSAL OF HAZARDOUS WASTE AT AN INACTIVE HAZARDOUS
WASTE DISPOSAL SITE. THE COMMISSIONER MAY COMMENCE AN ACTION IN A COURT
OF COMPETENT JURISDICTION TO RECOVER THE RESPONSE COSTS AND/OR NATURAL
RESOURCE DAMAGES. THE COMMISSIONER SHALL PRIORITIZE SECURING RELIEF OR
OTHER ACTION AT SITES PLACED IN CLASSIFICATION 1 OR 2, AS DESCRIBED IN
SUBPARAGRAPHS ONE AND TWO OF PARAGRAPH B OF SUBDIVISION TWO OF SECTION
27-1305 OF THIS TITLE, THAT ARE LOCATED IN DISADVANTAGED COMMUNITIES AS
IDENTIFIED PURSUANT TO SUBDIVISION FIVE OF SECTION 75-0101 OF THIS CHAP-
TER. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRA-
RY, THE COMMISSIONER SHALL HAVE THE AUTHORITY TO APPROVE EXPENDITURES
FROM THE HAZARDOUS WASTE REMEDIAL FUND TO FINANCE A SHARE OF THE OVERALL
SITE RESPONSE COSTS IN INSTANCES WHERE THE COMMISSIONER IN THEIR SOLE
DISCRETION DETERMINES THAT SUCH ACTION IS IN THE PUBLIC INTEREST, IS
CONSISTENT WITH THE NATIONAL CONTINGENCY PLAN, WOULD EXPEDITE EFFECTIVE
REMEDIAL ACTIONS, AND WOULD MINIMIZE LITIGATION. THE ABSENCE OF ANY SUCH
FINANCING EXPENDITURES SHALL NOT BE SUBJECT TO ADMINISTRATIVE OR JUDI-
CIAL REVIEW.
2. A DETERMINATION OR ASSESSMENT OF NATURAL RESOURCE DAMAGES FOR THE
PURPOSES OF THIS SECTION MADE OR ADOPTED BY THE COMMISSIONER IN ACCORD-
ANCE WITH ANY APPLICABLE REGULATIONS PROMULGATED UNDER SECTION 27-1315
OF THIS TITLE OR UNDER SECTION 9651(C) OF TITLE 42 OF THE UNITED STATES
CODE, AFTER GIVING CONSIDERATION TO THE NATIONAL CONTINGENCY PLAN AS
DEFINED BY 42 U.S.C. 9601(31), SHALL HAVE THE FORCE AND EFFECT OF A
REBUTTABLE PRESUMPTION ON BEHALF OF THE COMMISSIONER IN ANY JUDICIAL
PROCEEDING.
3. IN AN ACTION TO RECOVER RESPONSE COSTS AND/OR NATURAL RESOURCE
DAMAGES, THE COMMISSIONER MAY ALSO SEEK CIVIL PENALTIES UNDER SECTION
71-2705 OF THIS CHAPTER.
4. ALL AMOUNTS RECEIVED TO SATISFY LIABILITY FOR NATURAL RESOURCE
DAMAGES SHALL BE CREDITED TO THE DEPARTMENT'S NATURAL RESOURCE DAMAGES
FUND AND FIRST USED TO ASSESS, RESTORE, REHABILITATE, AND REPLACE THE
NATURAL RESOURCES AT THE SITE FOR WHICH THE DAMAGES WERE ASSESSED, TO
THE EXTENT PRACTICABLE. ANY AMOUNTS THAT WOULD OTHERWISE BE ALLOCATED TO
ASSESSMENT, RESTORATION, REHABILITATION, AND REPLACEMENT AT THE SITE
WHERE ASSESSMENT, RESTORATION, REHABILITATION OR REPLACEMENT IS NOT
PRACTICABLE SHALL BE USED EXCLUSIVELY TO PAY OR REIMBURSE COSTS OF
ACQUIRING THE EQUIVALENT OF THE AFFECTED NATURAL RESOURCES. THE MEASURE
S. 3008--B 85
OF COMPENSATION FOR INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL
RESOURCES IS THE COST OF:
(A) RESTORATION OR REHABILITATION OF THE INJURED NATURAL RESOURCES TO
A CONDITION WHERE THEY CAN PROVIDE THE LEVEL OF SERVICES AVAILABLE HAD
THE DISPOSAL OF HAZARDOUS WASTE NOT OCCURRED; OR
(B) THE REPLACEMENT AND/OR ACQUISITION OF EQUIVALENT NATURAL
RESOURCES CAPABLE OF PROVIDING SUCH SERVICES.
5. THE STATE SHALL HAVE A LIEN FOR ALL RESPONSE COSTS INCURRED BY THE
STATE AND FOR ALL NATURAL RESOURCE DAMAGES FOR WHICH A JUDICIAL DETERMI-
NATION OF LIABILITY HAS BEEN MADE UPON SUCH REAL PROPERTY LOCATED WITHIN
THE STATE:
(A) OWNED BY A PERSON LIABLE TO THE STATE FOR SUCH RESPONSE COSTS
AND/OR NATURAL RESOURCE DAMAGES UNDER THIS TITLE AT THE TIME A NOTICE OF
ENVIRONMENTAL LIEN IS FILED; AND
(B) UPON WHICH THE DISPOSAL OF HAZARDOUS WASTES OCCURRED, EXCEPT THAT
THE STATE SHALL NOT HAVE A LIEN AGAINST REAL PROPERTY OF A VOLUNTEER AS
SUCH TERM IS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
27-1405 OF THIS ARTICLE THAT IS THE SUBJECT OF A BROWNFIELD CLEANUP
UNDER TITLE FOURTEEN OF THIS ARTICLE THAT IS BEING UNDERTAKEN OR HAS
BEEN COMPLETED BY A VOLUNTEER, PROVIDED THAT THE VOLUNTEER IS IN FULL
COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER WITH RESPECT THERETO,
DOES NOT IMPEDE THE PERFORMANCE OF A RESPONSE ACTION OR NATURAL RESOURCE
RESTORATION, REHABILITATION, OR REPLACEMENT, AND IS NOT ENGAGING WITH
THE DEPARTMENT IN BAD FAITH WITH RESPECT TO SUCH RESPONSE COSTS AND/OR
NATURAL RESOURCE DAMAGES.
6. AN ENVIRONMENTAL LIEN SHALL ATTACH WHEN:
(A) RESPONSE COSTS ARE INCURRED BY THE STATE AND/OR A JUDICIAL JUDG-
MENT OF LIABILITY FOR NATURAL RESOURCE DAMAGES IS ENTERED;
(B) THE RESPONSIBLE PERSON FAILS TO PAY SUCH COSTS WITHIN NINETY DAYS
AFTER A WRITTEN DEMAND THEREFOR BY THE STATE IS MAILED BY CERTIFIED OR
REGISTERED MAIL, RETURN RECEIPT REQUESTED, AND/OR FAILS TO PAY SUCH
NATURAL RESOURCE DAMAGES WITHIN NINETY DAYS AFTER ENTRY OF JUDGMENT; AND
(C) A NOTICE OF ENVIRONMENTAL LIEN IS FILED BY THE DEPARTMENT AS
PROVIDED IN PARAGRAPH (A) OF SUBDIVISION TEN OF THIS SECTION; PROVIDED,
HOWEVER, THAT A COPY OF THE NOTICE OF ENVIRONMENTAL LIEN IS SERVED UPON
THE OWNER OF THE REAL PROPERTY SUBJECT TO THE ENVIRONMENTAL LIEN WITHIN
THIRTY DAYS OF SUCH FILING IN ACCORDANCE WITH THE PROVISIONS OF SECTION
ELEVEN OF THE LIEN LAW.
7. (A) AN ENVIRONMENTAL LIEN SHALL CONTINUE AGAINST THE REAL PROPERTY
UNTIL:
(I) THE CLAIM OR JUDGMENT AGAINST THE PERSON REFERRED TO IN SUBDIVI-
SION ONE OF THIS SECTION FOR RESPONSE COSTS AND/OR NATURAL RESOURCE
DAMAGES IS SATISFIED OR BECOMES UNENFORCEABLE;
(II) THE LIEN IS RELEASED BY THE COMMISSIONER PURSUANT TO THIS SUBDI-
VISION;
(III) THE LIEN IS DISCHARGED BY PAYMENT OF MONIES INTO COURT; OR
(IV) THE LIEN IS OTHERWISE VACATED BY COURT ORDER.
(B) UPON THE OCCURRENCE OF ANY EVENT UNDER SUBPARAGRAPHS (I) THROUGH
(IV) OF PARAGRAPH (A) OF THIS SUBDIVISION, EXCEPT WHERE THE LIEN IS
VACATED BY COURT ORDER, THE COMMISSIONER SHALL EXECUTE THE RELEASE OF AN
ENVIRONMENTAL LIEN AND FILE THE RELEASE AS PROVIDED IN SUBDIVISION NINE
OF THIS SECTION. THE COMMISSIONER MAY RELEASE AN ENVIRONMENTAL LIEN
WHERE:
(I) A LEGALLY ENFORCEABLE AGREEMENT SATISFACTORY TO THE COMMISSIONER
HAS BEEN EXECUTED RELATING TO THE RESPONSE COSTS AND/OR NATURAL RESOURCE
DAMAGES THAT ARE THE SUBJECT OF THE LIEN OR REIMBURSING THE STATE FOR
S. 3008--B 86
SUCH RESPONSE COSTS AND/OR NATURAL RESOURCE DAMAGES; OR AN OWNER OR
OPERATOR OF THE SITE SUBJECT TO THE LIEN AGREES TO PERFORM REMEDIAL
WORK, SITE MANAGEMENT, OR OTHER IN-KIND SERVICES OF SUFFICIENT VALUE TO
THE COMMISSIONER; OR
(II) THE ATTACHMENT OR ENFORCEMENT OF THE ENVIRONMENTAL LIEN IS DETER-
MINED BY THE COMMISSIONER NOT TO BE IN THE PUBLIC INTEREST.
8. AN ENVIRONMENTAL LIEN IS SUBJECT TO THE RIGHTS OF ANY OTHER PERSON,
INCLUDING AN OWNER, PURCHASER, HOLDER OF A MORTGAGE OR SECURITY INTER-
EST, OR JUDGMENT LIEN CREDITOR, WHOSE INTEREST IS PERFECTED BEFORE A
LIEN NOTICE HAS BEEN FILED AS PROVIDED IN SUBDIVISION TEN OF THIS
SECTION.
9. A NOTICE OF ENVIRONMENTAL LIEN SHALL STATE:
(A) THAT THE LIENOR IS THE STATE OF NEW YORK;
(B) THE NAME OF THE RECORD OWNER OF THE REAL PROPERTY ON WHICH THE
ENVIRONMENTAL LIEN HAS ATTACHED;
(C) THE REAL PROPERTY SUBJECT TO THE LIEN, WITH A DESCRIPTION THEREOF
SUFFICIENT FOR IDENTIFICATION;
(D) THAT THE REAL PROPERTY DESCRIBED IN THE NOTICE IS THE PROPERTY
UPON WHICH A DISPOSAL OF HAZARDOUS WASTES OCCURRED AND THAT RESPONSE
COSTS HAVE BEEN INCURRED BY THE LIENOR AND/OR THAT NATURAL RESOURCE
DAMAGES HAVE BEEN JUDICIALLY DETERMINED TO BE DUE TO THE LIENOR AS A
RESULT OF SUCH DISPOSAL;
(E) THAT THE OWNER IS POTENTIALLY LIABLE FOR RESPONSE COSTS AND/OR
SUBJECT TO A JUDGMENT FOR NATURAL RESOURCE DAMAGES PURSUANT TO THIS
TITLE; AND
(F) THAT AN ENVIRONMENTAL LIEN HAS ATTACHED TO THE DESCRIBED REAL
PROPERTY.
10. (A) A NOTICE OF ENVIRONMENTAL LIEN SHALL BE FILED IN THE CLERK'S
OFFICE OF THE COUNTY WHERE THE PROPERTY IS SITUATED. IF SUCH PROPERTY IS
SITUATED IN TWO OR MORE COUNTIES, THE NOTICE OF ENVIRONMENTAL LIEN SHALL
BE FILED IN THE OFFICE OF THE CLERK OF EACH OF SUCH COUNTIES. THE NOTICE
OF LIEN SHALL BE INDEXED BY THE COUNTY CLERK IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TEN OF THE LIEN LAW. THE NOTICE OF LIEN SHALL BE
SERVED UPON THE OWNER OF THE REAL PROPERTY SUBJECT TO THE LIEN IN
ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN OF THE LIEN LAW.
(B) A RELEASE OF AN ENVIRONMENTAL LIEN SHALL BE FILED IN THE CLERK'S
OFFICE OF EACH COUNTY WHERE THE NOTICE OF ENVIRONMENTAL LIEN WAS FILED
AND SHALL BE INDEXED IN THE MANNER PRESCRIBED FOR INDEXING ENVIRONMENTAL
LIENS.
11. AN ENVIRONMENTAL LIEN MAY BE ENFORCED AGAINST THE PROPERTY SPECI-
FIED IN THE NOTICE OF ENVIRONMENTAL LIEN, AND AN ENVIRONMENTAL LIEN MAY
BE VACATED OR DISCHARGED, AS PRESCRIBED IN ARTICLE THREE OF THE LIEN
LAW; PROVIDED, HOWEVER, THAT NOTHING IN THIS ARTICLE OR IN ARTICLE THREE
OF THE LIEN LAW SHALL AFFECT THE RIGHT OF THE STATE TO BRING AN ACTION
TO RECOVER RESPONSE COSTS AND/OR NATURAL RESOURCE DAMAGES UNDER SECTION
ONE HUNDRED SEVEN OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (42 U.S.C. § 9601 ET SEQ).
12. AMOUNTS RECEIVED BY THE ADMINISTRATOR TO SATISFY ALL OR PART OF AN
ENVIRONMENTAL LIEN FOR RESPONSE COSTS SHALL BE DEPOSITED IN THE DEPART-
MENT'S HAZARDOUS WASTE REMEDIAL FUND, AND AMOUNTS RECEIVED TO SATISFY
ALL OR PART OF AN ENVIRONMENTAL LIEN FOR NATURAL RESOURCE DAMAGES SHALL
BE DEPOSITED IN THE DEPARTMENT'S NATURAL RESOURCE DAMAGES FUND.
13. (A) AN OWNER OR OPERATOR OF AN INACTIVE HAZARDOUS WASTE DISPOSAL
SITE WHOSE LIABILITY UNDER THIS TITLE AND/OR 42 U.S.C. § 9607 ET SEQ.
ARISES SOLELY FROM BEING CONSIDERED AN OWNER OR OPERATOR OF SUCH SITE
SHALL NOT BE LIABLE AS LONG AS IT CAN DEMONSTRATE THAT ONE OR MORE OF
S. 3008--B 87
THE DEFENSES IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION 27-1323 OF
THIS TITLE OR 42 U.S.C. §9607(B) AND (D) APPLIES, AND THE OWNER OR OPER-
ATOR DOES NOT IMPEDE THE PERFORMANCE OF A RESPONSE ACTION OR NATURAL
RESOURCE RESTORATION.
(B) IF THERE ARE UNRECOVERED RESPONSE COSTS INCURRED BY THE DEPARTMENT
AT AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE FOR WHICH AN OWNER OR OPER-
ATOR OF THE SITE IS NOT LIABLE BY REASON OF PARAGRAPH (A) OF THIS SUBDI-
VISION, AND IF EACH OF THE CONDITIONS DESCRIBED IN PARAGRAPH (C) OF THIS
SUBDIVISION IS MET, THE DEPARTMENT SHALL HAVE A LIEN ON THE FACILITY FOR
THE INCREMENTAL INCREASES IN THE FAIR MARKET VALUE OF THE SITE DUE TO
THE RESPONSE ACTION BEING CARRIED OUT BY THE DEPARTMENT ABOVE THE FAIR
MARKET VALUE OF THE SITE THAT EXISTED BEFORE THE RESPONSE ACTION WAS
INITIATED, OR MAY BY AGREEMENT WITH THE OWNER OR OPERATOR, OBTAIN FROM
THE OWNER OR OPERATOR A LIEN ON ANY OTHER PROPERTY OR OTHER ASSURANCE OF
PAYMENT SATISFACTORY TO THE DEPARTMENT, FOR THE UNRECOVERED RESPONSE
COSTS.
(C) THE CONDITIONS REFERRED TO IN PARAGRAPH (B) OF THIS SUBDIVISION
ARE THE FOLLOWING:
(I) A RESPONSE ACTION IS CARRIED OUT AT THE INACTIVE HAZARDOUS WASTE
DISPOSAL SITE FOR WHICH THERE ARE UNRECOVERED COSTS OF THE DEPARTMENT.
(II) THE RESPONSE ACTION INCREASES THE FAIR MARKET VALUE OF THE SITE
ABOVE THE FAIR MARKET VALUE OF THE SITE THAT EXISTED BEFORE THE RESPONSE
ACTION WAS INITIATED.
(D) A LIEN UNDER PARAGRAPH (B) OF THIS SUBDIVISION:
(I) SHALL BE IN AN AMOUNT NOT TO EXCEED THE INCREASE IN FAIR MARKET
VALUE OF THE PROPERTY ATTRIBUTABLE TO THE RESPONSE ACTION AT THE TIME OF
A SALE OR OTHER DISPOSITION OF THE PROPERTY;
(II) SHALL ARISE AT THE TIME AT WHICH COSTS ARE FIRST INCURRED BY THE
DEPARTMENT WITH RESPECT TO A RESPONSE ACTION AT THE SITE;
(III) SHALL BE SUBJECT TO THE REQUIREMENTS OF SUBDIVISIONS SEVEN,
EIGHT, AND NINE OF THIS SECTION; AND
(IV) SHALL CONTINUE UNTIL THE EARLIER OF:
(A) SATISFACTION OF THE LIEN BY SALE OR OTHER MEANS; OR
(B) RECOVERY OF ALL RESPONSE COSTS INCURRED AT THE SITE.
§ 8. The environmental conservation law is amended by adding a new
section 27-1329 to read as follows:
§ 27-1329. ABATEMENT ACTIONS.
1. MAINTENANCE, JURISDICTION, ETC. (A) WHEN THE COMMISSIONER DETER-
MINES THAT THERE MAY BE AN IMMINENT DANGER TO THE HEALTH OR WELFARE OF
THE PEOPLE OF THE STATE OR THE ENVIRONMENT, OR AN ACTUAL OR THREATENED
RELEASE OF A HAZARDOUS SUBSTANCE FROM AN INACTIVE HAZARDOUS WASTE
DISPOSAL SITE RESULTING IN, OR LIKELY TO RESULT IN, IRREVERSIBLE OR
IRREPARABLE DAMAGE TO NATURAL RESOURCES, THE COMMISSIONER MAY REQUEST
THE ATTORNEY GENERAL TO SECURE SUCH RELIEF AS MAY BE NECESSARY TO ABATE
SUCH DANGER, THREAT OR DAMAGE, AND TO GRANT SUCH RELIEF AS THE PUBLIC
INTEREST AND THE EQUITIES OF THE CASE MAY REQUIRE. THE COMMISSIONER MAY
ALSO TAKE OTHER ACTION UNDER THIS SECTION INCLUDING, BUT NOT LIMITED TO,
ISSUING SUCH ORDERS AS MAY BE NECESSARY TO PROTECT PUBLIC HEALTH AND
WELFARE AND THE ENVIRONMENT.
(B) AN ABATEMENT ACTION MAY NOT BE TAKEN AGAINST A PERSON WHO ESTAB-
LISHES TO THE SATISFACTION OF THE COMMISSIONER, AND IN THE TIMEFRAME SET
FORTH BY THE COMMISSIONER TO DO SO, THAT THEIR LIABILITY ARISES SOLELY
AS A RESULT OF SUCH PERSON'S OWNERSHIP OR OPERATION OF OR INVOLVEMENT
WITH THE SITE, THE SITE WAS ACQUIRED BY SUCH PERSON AFTER THE DISPOSAL
OR PLACEMENT OF THE HAZARDOUS WASTE ON, IN, OR AT SUCH SITE, THAT AT
THE TIME SUCH PERSON ACQUIRED THE SITE, SUCH PERSON DID NOT KNOW AND HAD
S. 3008--B 88
NO REASON TO KNOW AS ESTABLISHED TO THE SATISFACTION OF THE COMMISSIONER
WITHIN THE MEANING OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION
FOUR OF SECTION 27-1323 OF THIS TITLE THAT ANY HAZARDOUS WASTE WHICH
IS THE SUBJECT OF THE ABATEMENT ACTION WAS DISPOSED OF ON, IN, OR AT
THE SITE, AND SUCH PERSON EXERCISES AND HAS EXERCISED APPROPRIATE CARE
WITH RESPECT TO CONTAMINATION FOUND AT THE SITE BY TAKING REASONABLE
STEPS TO:
(I) STOP ANY CONTINUING RELEASE;
(II) PREVENT ANY THREATENED FUTURE RELEASE; AND
(III) PREVENT OR LIMIT HUMAN, ENVIRONMENTAL, OR NATURAL RESOURCE
EXPOSURE TO ANY PREVIOUSLY RELEASED HAZARDOUS WASTE.
THE PROTECTION GRANTED BY THIS PARAGRAPH SHALL NOT BE AVAILABLE WHERE,
IN THE SOLE DISCRETION OF THE COMMISSIONER, IT COULD PREJUDICE THE
RELIEF NECESSARY TO ABATE THE DANGER, THREAT, OR DAMAGE.
2. FINES; REIMBURSEMENT. (A) ANY PERSON WHO, WITHOUT SUFFICIENT CAUSE,
FAILS OR REFUSES TO COMPLY WITH ANY ORDER OF THE COMMISSIONER UNDER
SUBDIVISION ONE OF THIS SECTION MAY, IN AN ACTION BROUGHT IN THE APPRO-
PRIATE COURT OF COMPETENT JURISDICTION TO ENFORCE SUCH ORDER, BE FINED
NOT MORE THAN THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY IN
WHICH SUCH VIOLATION OCCURS OR SUCH FAILURE TO COMPLY CONTINUES.
(B) (I) ANY PERSON WHO RECEIVES AND COMPLIES WITH THE TERMS OF ANY
ORDER ISSUED UNDER SUBDIVISION ONE OF THIS SECTION MAY, WITHIN SIXTY
DAYS AFTER COMPLETION OF THE REQUIRED ACTION, PETITION THE COMMISSIONER
FOR REIMBURSEMENT FROM THE HAZARDOUS WASTE REMEDIAL FUND PURSUANT TO
SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW FOR THE REASONABLE COSTS
OF SUCH ACTION, PLUS INTEREST. ANY INTEREST PAYABLE UNDER THIS SUBPARA-
GRAPH SHALL ACCRUE ON THE AMOUNTS EXPENDED FROM THE DATE OF EXPENDITURE
AT THE SAME RATE AS SPECIFIED FOR INTEREST ON INVESTMENTS OF THE HAZARD-
OUS SUBSTANCE SUPERFUND ESTABLISHED UNDER SUBCHAPTER A OF CHAPTER 98 OF
TITLE 26 OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPEN-
SATION, AND LIABILITY ACT.
(II) IF THE COMMISSIONER REFUSES TO GRANT ALL OR PART OF A PETITION
MADE UNDER THIS PARAGRAPH, THE PETITIONER MAY WITHIN THIRTY DAYS OF
RECEIPT OF SUCH REFUSAL FILE AN ACTION AGAINST THE DEPARTMENT PURSUANT
TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH, TO
OBTAIN REIMBURSEMENT, THE PETITIONER SHALL ESTABLISH BY A PREPONDERANCE
OF THE EVIDENCE THAT SUCH PETITIONER IS NOT LIABLE FOR RESPONSE COSTS
UNDER SECTION 27-1313 OF THIS TITLE AND THAT COSTS FOR WHICH SUCH PETI-
TIONER SEEKS REIMBURSEMENT ARE REASONABLE IN LIGHT OF THE ACTION
REQUIRED BY THE RELEVANT ORDER.
(IV) A PETITIONER UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY ALSO
RECOVER ITS REASONABLE COSTS OF RESPONSE TO THE EXTENT THAT SUCH PETI-
TIONER CAN DEMONSTRATE, ON THE ADMINISTRATIVE RECORD, THAT THE COMMIS-
SIONER'S DECISION IN SELECTING THE RESPONSE ACTION ORDERED WAS ARBITRARY
AND CAPRICIOUS OR WAS OTHERWISE NOT IN ACCORDANCE WITH LAW. REIMBURSE-
MENT AWARDED UNDER THIS SUBPARAGRAPH SHALL INCLUDE ALL REASONABLE
RESPONSE COSTS INCURRED BY THE PETITIONER PURSUANT TO THE PORTIONS OF
THE ORDER FOUND TO BE ARBITRARY AND CAPRICIOUS OR OTHERWISE NOT IN
ACCORDANCE WITH LAW.
(V) REIMBURSEMENT AWARDED BY A COURT UNDER SUBPARAGRAPH (III) OR (IV)
OF THIS PARAGRAPH MAY INCLUDE APPROPRIATE COSTS, FEES, AND OTHER
EXPENSES IN ACCORDANCE WITH SECTION EIGHTY-SIX HUNDRED ONE OF THE CIVIL
PRACTICE LAW AND RULES.
§ 9. Subdivisions 1 and 4 of section 97-b of the state finance law,
subdivision 1 as amended by section 3 of part AA of chapter 58 of the
S. 3008--B 89
laws of 2018 and subdivision 4 as amended by chapter 38 of the laws of
1985, are amended to read as follows:
1. There is hereby established in the custody of the state comptroller
a nonlapsing revolving fund to be known as the "hazardous waste remedial
fund", which shall consist of a "site investigation and construction
account", an "industry fee transfer account", an "environmental restora-
tion project account", A "hazardous waste cleanup account", and a
"hazardous waste remediation oversight and assistance account".
4. [No] WITH RESPECT TO MONEYS IN THE HAZARDOUS WASTE CLEANUP ACCOUNT,
NO moneys shall be available from the fund pursuant to paragraph (a) of
subdivision three of this section unless the commissioner of environ-
mental conservation finds that all reasonable efforts to secure volun-
tary agreement to pay the costs of necessary remedial actions from
owners or operators of inactive hazardous waste sites or other responsi-
ble persons have been made except where the commissioner of environ-
mental conservation has made findings pursuant to paragraph b of subdi-
vision three of section 27-1313 of the environmental conservation law
[or where]; the commissioner of health has declared a condition danger-
ous to life or health and made findings pursuant to paragraph (b) of
subdivision three of section one thousand three hundred eighty-nine-b of
the public health law; THE COMMISSIONER OF HEALTH OR THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION HAS DETERMINED THAT IMMEDIATE ACTION IN THE
FORM OF A REMEDIAL INVESTIGATION AND/OR AN INTERIM REMEDIAL MEASURE IS
NECESSARY TO ABATE AN IMMINENT DANGER OR A SIGNIFICANT THREAT TO THE
HEALTH OR WELFARE OF THE PEOPLE OF THE STATE OR THE ENVIRONMENT POSED BY
HAZARDOUS WASTE AT AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE; OR THE
SITE IS OWNED BY THE STATE OR THE STATE IS A RESPONSIBLE PERSON.
§ 10. Paragraphs (a) and (j) of subdivision 3 of section 97-b of the
state finance law, paragraph (a) as amended by section 4 of part I of
chapter 1 of the laws of 2003 and paragraph (j) as amended by section 5
of part T of chapter 57 of the laws of 2017, are amended and a new para-
graph (k) is added to read as follows:
(a) inactive hazardous waste disposal site remedial programs pursuant
to section 27-1313 of the environmental conservation law and section
thirteen hundred eighty-nine-b of the public health law, INCLUDING SITES
THAT ARE OWNED BY THE STATE;
(j) with respect to moneys in the hazardous waste remediation over-
sight and assistance account, technical assistance grants pursuant to
titles thirteen and fourteen of article twenty-seven of the environ-
mental conservation law; AND
(K) WITH RESPECT TO MONEYS IN THE HAZARDOUS WASTE REMEDIATION OVER-
SIGHT AND ASSISTANCE ACCOUNT, OVERSIGHT EXPENDITURES FOR ENSURING THE
CONTINUED MAINTENANCE AND OPERATION OF ENGINEERING CONTROLS PURSUANT TO
SUBDIVISION SEVEN OF SECTION 27-1415 OF THE ENVIRONMENTAL CONSERVATION
LAW; PROVIDED THAT ANY SUCH EXPENDITURES SHALL NOT RELIEVE ANY PERSON
OTHERWISE RESPONSIBLE FOR CONTINUED MAINTENANCE AND OPERATION OF SUCH
ENGINEERING CONTROLS FROM ANY RESPONSIBILITY OR LIABILITY WITH RESPECT
TO SUCH ENGINEERING CONTROLS.
§ 11. Subdivision 3 of section 1285-q of the public authorities law,
as amended by section 43 of part BB of chapter 56 of the laws of 2015,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation projects and environmental
restoration projects authorized by this section shall not exceed [two]
THREE billion [two] FOUR hundred FIFTY million dollars [and shall not
exceed one hundred million dollars for appropriations enacted for any
S. 3008--B 90
state fiscal year], provided that the bonds not issued for such appro-
priations may be issued pursuant to reappropriation in subsequent fiscal
years. No bonds shall be issued for the repayment of any new appropri-
ation enacted after March thirty-first, two thousand [twenty-six] THIR-
TY-SIX for hazardous waste site remediation projects authorized by this
section. Amounts authorized to be issued by this section shall be exclu-
sive of bonds issued to fund any debt service reserve funds, pay costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by this state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
subdivision one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
§ 12. This act shall take effect immediately.
PART SS
Section 1. Subdivision 1 of section 391-u of the general business law,
as added by chapter 88 of the laws of 2020, is amended by adding a new
paragraph (h) to read as follows:
(H) "INTENTIONALLY ADDED" SHALL HAVE THE SAME MEANING AS "INTEN-
TIONALLY ADDED CHEMICAL" IN SUBDIVISION FOUR OF SECTION 37-0121 OF THE
ENVIRONMENTAL CONSERVATION LAW.
§ 2. Paragraph (b) of subdivision 4 of section 391-u of the general
business law, as added by chapter 88 of the laws of 2020, is amended to
read as follows:
(b) A manufacturer that [produces, sells, or distributes] AT ANY TIME
PRODUCED, SOLD, OR DISTRIBUTED a class B firefighting foam prohibited
under subdivision three of this section shall recall [the] ALL OF SUCH
product[, which includes] SOLD OR DISTRIBUTED, REGARDLESS OF WHEN IT WAS
SOLD OR DISTRIBUTED, WHETHER PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE
OF CHAPTER EIGHTY-EIGHT OF THE LAWS OF TWO THOUSAND TWENTY. SUCH RECALL
SHALL INCLUDE collection, transport, treatment, storage, and safe
disposal[, after the implementation date of the restrictions set forth
in subdivision three of this section] OF PFAS CHEMICALS THROUGH OR BY A
METHOD APPROVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION and
[reimburse] REIMBURSEMENT OF the retailer or any other purchaser for the
product. ALL SUCH RECALLS SHALL OCCUR WITHIN TWO YEARS OF THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE WHICH
AMENDED THIS PARAGRAPH.
§ 3. Subdivision 5 of section 391-u of the general business law, as
added by chapter 88 of the laws of 2020, is amended by adding a new
paragraph (c) to read as follows:
(C) (I) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A MANUFAC-
TURER OR OTHER PERSON THAT SELLS FIREFIGHTING PERSONAL PROTECTIVE EQUIP-
MENT TO A PERSON, LOCAL GOVERNMENT, OR STATE AGENCY SHALL NOT MANUFAC-
TURE, KNOWINGLY SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE OR DISTRIBUTE
FOR USE IN THE STATE ANY FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT
CONTAINING INTENTIONALLY ADDED PFAS CHEMICALS; AND
(II) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY, NO SUCH PERSON
SHALL MANUFACTURE, KNOWINGLY SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE
OR DISTRIBUTE FOR USE IN THE STATE ANY FIREFIGHTING PERSONAL PROTECTIVE
EQUIPMENT CONTAINING PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES AT OR
ABOVE A LEVEL THAT THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL
S. 3008--B 91
ESTABLISH IN REGULATION WHICH IS THE LOWEST LEVEL THAT CAN FEASIBLY BE
ACHIEVED, PROVIDED THAT THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SHALL REVIEW SUCH LEVEL AT LEAST EVERY FIVE YEARS TO DETERMINE WHETHER
IT SHOULD BE LOWERED.
§ 4. This act shall take effect immediately.
PART TT
Section 1. This act enacts into law major components of legislation
necessary for related land acquisition for conservation purposes. Each
component is wholly contained within a Subpart identified as Subparts A
through B. The effective date for each particular provision contained
within such Subpart is set forth in the last section of such Subpart.
Any provision in any section contained within a Subpart, including the
effective date of the Subpart, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Subpart
in which it is found. Section three of this act sets forth the general
effective date of this act.
SUBPART A
Section 1. Subdivision 1 of section 3-0305 of the environmental
conservation law, as added by chapter 727 of the laws of 1978, is
amended to read as follows:
1. The commissioner when moneys therefor have been appropriated by
the legislature or are otherwise available, may acquire any real proper-
ty which [he] SUCH COMMISSIONER deems necessary for any of the purposes
or functions of the department, by purchase or as provided in the
eminent domain procedure law. Title to such real property shall be
taken in the name of and be vested in the people of the state of New
York. No real property, EXCEPT CONSERVATION EASEMENTS, shall be so
acquired by purchase unless the title thereto is approved by the attor-
ney general. THE ATTORNEY GENERAL MAY APPROVE ANY TITLE WHERE THE ATTOR-
NEY GENERAL HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARKETABLE
TITLE TO THE REAL PROPERTY. THE ATTORNEY GENERAL MAY ACCEPT A TITLE
POLICY FROM ANY REPUTABLE TITLE COMPANY LICENSED BY THE STATE OF NEW
YORK NAMING THE PEOPLE OF THE STATE OF NEW YORK AS INSURED, WITH SUCH
POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD OTHERWISE RENDER THE TITLE
UNMARKETABLE. The terms "property" or "real property" as used in this
section shall mean "real property" as defined by section one hundred
three of the eminent domain procedure law.
§ 2. Subdivision 1 of section 3.17 of the parks, recreation and
historic preservation law, as amended by chapter 727 of the laws of
1978, is amended to read as follows:
1. Notwithstanding any other provision of law, the commissioner may
acquire such property as may be necessary for the purposes and functions
of the office, within the amounts appropriated or available therefore.
Such property may be acquired pursuant to the provisions of the eminent
domain procedure law, or by purchase, lease, exchange, grant, condemna-
tion, gift, devise, bequest, or by any other lawful means. No real prop-
erty shall be so acquired unless the title thereto is approved by the
attorney general. THE ATTORNEY GENERAL MAY APPROVE ANY TITLE WHERE THE
ATTORNEY GENERAL HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARK-
ETABLE TITLE TO THE REAL PROPERTY. THE ATTORNEY GENERAL MAY ACCEPT A
TITLE POLICY FROM ANY REPUTABLE TITLE COMPANY LICENSED BY THE STATE OF
S. 3008--B 92
NEW YORK NAMING THE PEOPLE OF THE STATE OF NEW YORK AS INSURED, WITH
SUCH POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD OTHERWISE RENDER THE
TITLE UNMARKETABLE. Notwithstanding the provisions of section eleven of
the state finance law, the commissioner may accept a conditional grant,
gift, devise or bequest with the approval of the director of the budget.
Title to real property which is acquired shall be taken in the name of
and be vested in the people of the state of New York.
§ 3. Section 63 of the executive law is amended by adding a new subdi-
vision 18 to read as follows:
18. BE AUTHORIZED TO APPROVE LAND ACQUISITIONS MADE BY THE STATE FOR
CONSERVATION PURPOSES, IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
ONE OF SECTION 3-0305 OF THE ENVIRONMENTAL CONSERVATION LAW AND SUBDIVI-
SION ONE OF SECTION 3.17 OF THE PARKS, RECREATION AND HISTORIC PRESERVA-
TION LAW.
§ 4. This act shall take effect immediately.
SUBPART B
Section 1. Section 1405 of the tax law is amended by adding a new
subdivision (c) to read as follows:
(C) CONVEYANCES OF REAL PROPERTY FOR OPEN SPACE, PARKS, OR HISTORIC
PRESERVATION PURPOSES TO ANY NOT-FOR-PROFIT TAX EXEMPT CORPORATION OPER-
ATED FOR CONSERVATION, ENVIRONMENTAL, PARKS OR HISTORIC PRESERVATION
PURPOSES SHALL BE EXEMPT FROM PAYMENT OF ADDITIONAL TAXES IMPOSED PURSU-
ANT TO SECTION FOURTEEN HUNDRED TWO-A OF THIS ARTICLE.
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart 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, subdivi-
sion, section, subpart or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subpart.
PART UU
Section 1. Subdivision 7 of section 13-0331 of the environmental
conservation law, as amended by chapter 243 of the laws of 2022, is
amended to read as follows:
7. The department may, until December thirty-first, two thousand
[twenty-four] TWENTY-SEVEN, fix by regulation measures for the manage-
ment of crabs of any kind including horseshoe crabs (Limulus sp.),
including minimum and maximum size limits, catch and possession limits,
open and closed seasons including lunar closures, closed areas,
restrictions on the manner of taking and landing including a prohibition
on the harvest of crabs in amplexus, requirements for permits and eligi-
bility therefor, recordkeeping requirements, requirements on the amount
and type of fishing effort and gear, and requirements relating to trans-
portation, possession and sale, provided that such regulations are no
less restrictive than requirements set forth in this chapter and
S. 3008--B 93
provided further that such regulations are consistent with the compli-
ance requirements of applicable fishery management plans adopted by the
Atlantic States Marine Fisheries Commission and with applicable
provisions of fishery management plans adopted pursuant to the Federal
Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
§ 2. Subdivisions 1, 7 and 8 of section 13-0331 of the environmental
conservation law, subdivision 1 as amended by chapter 447 of the laws of
2017, subdivision 7 as amended by section one of this act, and subdivi-
sion 8 as amended by chapter 21 of the laws of 2018, are amended to read
as follows:
1. No person shall take crabs[, including horseshoe crabs (Limulus
sp.)] for commercial purposes without first obtaining a permit from the
department. For purposes of this subdivision, a presumption of "commer-
cial purposes" shall be made wherein one takes or lands more than fifty
crabs in any one day or sells or barters or offers for sale or barter
any crabs [he or she] SUCH PERSON has taken. Permits shall be issued to
individuals only but may be endorsed for use on a vessel, in which case
it shall cover all persons on board such vessel.
7. The department may, until December thirty-first, two thousand twen-
ty-seven, fix by regulation measures for the management of crabs of any
kind [including], EXCLUDING horseshoe crabs (Limulus sp.), including
minimum and maximum size limits, catch and possession limits, open and
closed seasons including lunar closures, closed areas, restrictions on
the manner of taking and landing including a prohibition on the harvest
of crabs in amplexus, requirements for permits and eligibility therefor,
recordkeeping requirements, requirements on the amount and type of fish-
ing effort and gear, and requirements relating to transportation,
possession and sale, provided that such regulations are no less restric-
tive than requirements set forth in this chapter and provided further
that such regulations are consistent with the compliance requirements of
applicable fishery management plans adopted by the Atlantic States
Marine Fisheries Commission and with applicable provisions of fishery
management plans adopted pursuant to the Federal Fishery Conservation
and Management Act (16 U.S.C. § 1800 et seq.).
8. [The department shall, when adopting regulation measures for the
management of] NO PERSON SHALL TAKE horseshoe crabs (Limulus sp.)
[pursuant to subdivision seven of this section, consult with any town,
village or county that requests any municipal property be subject to a
harvest closure], INCLUDING FOR COMMERCIAL OR BIOMEDICAL PURPOSES, FROM
THE WATERS OF THIS STATE. PROVIDED HOWEVER THAT THIS SECTION SHALL NOT
APPLY TO THE TAKING OF HORSESHOE CRABS (LIMULUS SP.) FOR BONA FIDE
SCIENTIFIC OR EDUCATIONAL PURPOSES INCLUDING, BUT NOT LIMITED TO, PUBLIC
OR NOT-FOR-PROFIT ZOOS AND AQUARIA, AS DETERMINED BY THE COMMISSIONER
PURSUANT TO RULES AND REGULATIONS.
§ 3. This act shall take effect immediately; provided, however, that
the provisions of section two of this act shall take effect January 1,
2026.
PART VV
Section 1. Expenditures of moneys by the New York state energy
research and development authority for services and expenses of the
energy research, development and demonstration program, including
grants, the energy policy and planning program, and the Fuel NY program
shall be subject to the provisions of this section. Notwithstanding the
provisions of subdivision 4-a of section 18-a of the public service law,
S. 3008--B 94
all moneys committed or expended in an amount not to exceed $35,725,000
shall be reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year, and the total amount assessed shall be
allocated to each electric corporation and gas corporation in proportion
to its intrastate electricity and gas revenues in the calendar year
2023. Such amounts shall be excluded from the general assessment
provisions of subdivision 2 of section 18-a of the public service law.
The chair of the public service commission shall bill such gas and/or
electric corporations for such amounts on or before August 10, 2025 and
such amounts shall be paid to the New York state energy research and
development authority on or before September 10, 2025. Upon receipt,
the New York state energy research and development authority shall
deposit such funds in the energy research and development operating fund
established pursuant to section 1859 of the public authorities law. The
New York state energy research and development authority is authorized
and directed to: (1) transfer up to $4,000,000 to the state general fund
for climate change related services and expenses of the department of
environmental conservation from the funds received; (2) utilize up to
$6,000,000 to supplement EmPower Plus Program administered by the
authority, provided however, the authority may instead utilize any
portion of such funds for developing a master plan for responsible
advanced nuclear development that shall at minimum include analysis of
economic, environmental, public health impacts of nuclear development;
and (3) commencing in 2016, provide to the chair of the public service
commission and the director of the budget and the chairs and secretaries
of the legislative fiscal committees, on or before August first of each
year, an itemized record, certified by the president and chief executive
officer of the authority, or such chief executive officer's designee,
detailing any and all expenditures and commitments ascribable to moneys
received as a result of this assessment by the chair of the department
of public service pursuant to section 18-a of the public service law.
This itemized record shall include an itemized breakdown of the programs
being funded by this section and the amount committed to each program.
The authority shall not commit for any expenditure, any moneys derived
from the assessment provided for in this section, until the chair of
such authority shall have submitted, and the director of the budget
shall have approved, a comprehensive financial plan encompassing all
moneys available to and all anticipated commitments and expenditures by
such authority from any source for the operations of such authority.
Copies of the approved comprehensive financial plan shall be immediately
submitted by the chair to the chairs and secretaries of the legislative
fiscal committees. Any such amount not committed by such authority to
contracts or contracts to be awarded or otherwise expended by the
authority during the fiscal year shall be refunded by such authority on
a pro-rata basis to such gas and/or electric corporations, in a manner
to be determined by the department of public service, and any refund
amounts must be explicitly lined out in the itemized record described
above.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART WW
S. 3008--B 95
Section 1. Section 103 of the abandoned property law is amended by
adding a new subdivision (j) to read as follows:
(J) "ENERGY SERVICES COMPANY" OR "ESCO" SHALL MEAN AN ENTITY ELIGIBLE
TO SELL ENERGY SERVICES TO END-USE CUSTOMERS USING THE TRANSMISSION OR
DISTRIBUTION SYSTEM OF A UTILITY.
§ 2. Subdivision (f) of section 103 of the abandoned property law, as
amended by chapter 498 of the laws of 1944 and relettered by chapter 908
of the laws of 1974, is amended to read as follows:
(f) "Utility services" means gas, electricity or steam supplied by a
gas, electric, gas and electric or district steam corporation OR AN
ENERGY SERVICES COMPANY, telephone, telegraph or other service furnished
by a telephone, telegraph or telegraph and telephone corporation, water
supplied by a waterworks corporation, or appliances, equipment, instal-
lations, fixtures or appurtenances rented by any such corporation OR
COMPANY.
§ 3. Section 400 of the abandoned property law, the opening paragraph
of subdivision 1 as amended by chapter 498 of the laws of 1944, para-
graphs (a) and (b) of subdivision 1 as amended by chapter 78 of the laws
of 1976, and paragraph (c) of subdivision 1 as amended by chapter 833 of
the laws of 1963, is amended to read as follows:
§ 400. Unclaimed deposits and refunds for utility services. 1. The
following unclaimed moneys held or owing by a gas corporation, an elec-
tric corporation, a gas and electric corporation, a district steam
corporation, AN ENERGY SERVICES COMPANY, a telegraph corporation, a
telephone corporation, a telegraph and telephone corporation, or a
waterworks corporation, shall be deemed abandoned property:
(a) Any deposit made by a consumer or subscriber with such a corpo-
ration OR COMPANY to secure the payment for utility services furnished
by such corporation OR COMPANY, or the amount of such deposit after
deducting any sums due to such corporation OR COMPANY by such consumer
or subscriber, together with any interest due thereon, which shall have
remained unclaimed by the person or persons appearing to be entitled
thereto for two years after the termination of the utility services to
secure the payment of which such deposit was made, or, if during such
two year period utility services are furnished by such corporation OR
COMPANY to such consumer or subscriber and such deposit is held by such
corporation OR COMPANY to secure payment therefor, for two years after
the termination of such utility services.
(b) Any amount paid by a consumer or subscriber to such a corporation
OR COMPANY in advance or in anticipation of utility services furnished
or to be furnished by such corporation OR COMPANY which in fact is not
furnished, after deducting any sums due to such corporation OR COMPANY
by such consumer or subscriber for utility services in fact furnished,
which shall have remained unclaimed by the person or persons appearing
to be entitled thereto for two years after the termination of the utili-
ty services for which such amount was paid in advance or in antic-
ipation, or, if during such period utility services are furnished by
such corporation OR COMPANY to such consumer or subscriber and such
amount is applied to the payment in advance or in anticipation of such
utility services, for two years after the termination of such utility
services.
(c) The amount of any refund of excess or increased rates or charges
heretofore or hereafter collected by any such corporation OR COMPANY for
utility services lawfully furnished by such corporation OR COMPANY which
has been or shall hereafter lawfully be ordered refunded to a consumer
or other person or persons entitled thereto, together with any interest
S. 3008--B 96
due thereon, less any lawful deductions, which shall have remained
unclaimed by the person or persons entitled thereto for two years from
the date it became payable in accordance with the final determination or
order providing for such refund.
2. Any such abandoned property held or owing by such a corporation OR
COMPANY to which the right to receive the same is established to the
satisfaction of such corporation OR COMPANY shall cease to be deemed
abandoned.
§ 4. Subdivision 1 of section 402 of the abandoned property law, as
amended by section 11 of part A of chapter 61 of the laws of 2011, is
amended to read as follows:
1. Every such corporation OR COMPANY shall cause to be published, on
or before the first day of September in each year, a notice entitled:
"NOTICE OF CERTAIN UNCLAIMED PROPERTY HELD BY (name of corporation OR
COMPANY)."
§ 5. Paragraph (a) of subdivision 3 of section 402 of the abandoned
property law is amended to read as follows:
(a) that a report of unclaimed amounts of money or other property held
or owing by it has been made to the state comptroller and that a list of
the names of the person or persons appearing from the records of such
corporation OR COMPANY to be entitled thereto is on file and open to
public inspection at its principal office or place of business in any
city, village or county where any such abandoned property is payable;
§ 6. Subdivision 4 of section 402 of the abandoned property law is
amended to read as follows:
4. Such corporation OR COMPANY shall file with the state comptroller
on or before the tenth day of September in each year proof by affidavit
of such publication.
§ 7. Section 403 of the abandoned property law, as amended by section
12 of part A of chapter 61 of the laws of 2011, is amended to read as
follows:
§ 403. Payment of abandoned property. 1. In such succeeding month of
October, and on or before the tenth day thereof, every such corporation
OR COMPANY shall pay to the state comptroller all property which, as of
the first day of July next preceding, was deemed abandoned pursuant to
section four hundred of this article, held or owing by such corporation
OR COMPANY.
2. Such payment shall be accompanied by a true and accurate report
setting forth such information as the state comptroller may require
relating to such abandoned property including:
(a) as to abandoned property specified in paragraphs (a) and (b) of
subdivision one of section four hundred of this article:
(i) the name and last known address of each depositor or subscriber
appearing from the records of such corporation OR COMPANY to be entitled
to receive any such abandoned property;
(ii) the date when the deposit was made or amount paid;
(iii) the amount of such deposit or payment;
(iv) the date when utility services furnished to such consumer or
subscriber ceased;
(v) any sums due and unpaid to the corporation OR COMPANY by such
consumer or subscriber, with interest thereon from the date of termi-
nation of service;
(vi) the amount of interest due upon such deposit or payment on any
balance thereof that has remained with such corporation OR COMPANY and
not been credited to such consumer's or subscriber's account;
(vii) the amount of such abandoned property; and
S. 3008--B 97
(viii) such other identifying information as the state comptroller may
require.
(b) as to abandoned property specified in paragraph (c) of subdivision
one of section four hundred of this article:
(i) the name and last known address of each person appearing from the
records of such corporation OR COMPANY to be entitled to receive the
same;
(ii) the amount appearing from such records to be due each such
person;
(iii) the date payment became due; and
(iv) such other identifying information as the state comptroller may
require.
3. Such report shall be in such form and the abandoned property listed
shall be classified in such manner as the state comptroller may
prescribe. Names of persons entitled to such abandoned property appear-
ing in such report shall be listed in alphabetical order within each
such classification.
§ 8. This act shall take effect immediately.
PART XX
Section 1. Expenditures of moneys appropriated to the department of
agriculture and markets from the special revenue funds-other/state oper-
ations, miscellaneous special revenue fund-339, public service account
shall be subject to the provisions of this section. Notwithstanding any
other provision of law to the contrary, direct and indirect expenses
relating to the department of agriculture and markets' participation in
general ratemaking proceedings pursuant to section 65 of the public
service law or certification proceedings or permits issued pursuant to
article 7, 8, or 10 of the public service law, shall be deemed expenses
of the department of public service within the meaning of section 18-a
of the public service law.
§ 2. Expenditures of moneys appropriated to the department of state
from the special revenue funds-other/state operations, miscellaneous
special revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the activities
of the department of state's utility intervention unit pursuant to
subdivision 4 of section 94-a of the executive law, including, but not
limited to participation in general ratemaking proceedings pursuant to
section 65 of the public service law or certification proceedings or
permits issued pursuant to article 7, 8, or 10 of the public service
law, shall be deemed expenses of the department of public service within
the meaning of section 18-a of the public service law.
§ 3. Expenditures of moneys appropriated to the office of parks,
recreation and historic preservation from the special revenue funds-
other/state operations, miscellaneous special revenue fund-339, public
service account shall be subject to the provisions of this section.
Notwithstanding any other provision of law to the contrary, direct and
indirect expenses relating to the office of parks, recreation and
historic preservation's participation in general ratemaking proceedings
pursuant to section 65 of the public service law or certification
proceedings or permits issued pursuant to article 7, 8, or 10 of the
public service law, shall be deemed expenses of the department of public
service within the meaning of section 18-a of the public service law.
S. 3008--B 98
§ 4. Expenditures of moneys appropriated to the department of environ-
mental conservation from the special revenue funds-other/state oper-
ations, environmental conservation special revenue fund-301, utility
environmental regulation account shall be subject to the provisions of
this section. Notwithstanding any other provision of law to the contra-
ry, direct and indirect expenses relating to the department of environ-
mental conservation's participation in state energy policy proceedings,
or certification proceedings or permits issued pursuant to article 7, 8,
or 10 of the public service law, shall be deemed expenses of the depart-
ment of public service within the meaning of section 18-a of the public
service law.
§ 5. Notwithstanding any other law, rule or regulation to the contra-
ry, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
§ 6. Any expense deemed to be expenses of the department of public
service pursuant to sections one through four of this act shall not be
recovered through assessments imposed upon telephone corporations as
defined in subdivision 17 of section 2 of the public service law.
§ 6-a. Subdivision 12 of section 66 of the public service law is
amended by adding a new paragraph (m) to read as follows:
(M) THE COMMISSION SHALL NOT APPROVE ANY RATE INCREASE WHICH ALLOWS A
UTILITY TO RECOVER THE FOLLOWING OPERATING EXPENSES: (I) ITS DIRECT OR
INDIRECT COSTS IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS ASSOCIATED WITH
ITS ATTENDANCE IN, PARTICIPATION IN, PREPARATION FOR, OR APPEAL OF ANY
RATE PROCEEDING CONDUCTED BEFORE THE COMMISSION. SUCH COSTS SHALL
INCLUDE, BUT NEED NOT BE LIMITED TO, ATTORNEYS' FEES, FEES TO ENGAGE
EXPERT WITNESSES OR CONSULTANTS, THE PORTION OF EMPLOYEE SALARIES ASSO-
CIATED WITH SUCH ATTENDANCE, PARTICIPATION, PREPARATION OR APPEAL OF A
RATE PROCEEDING AND RELATED COSTS IDENTIFIED BY THE COMMISSION; OR (II)
EMPLOYEE OR EXECUTIVE SALARIES IN EXCESS OF THE CURRENT SALARY OF THE
GOVERNOR OF NEW YORK AS PROVIDED FOR BY A JOINT RESOLUTION OF THE LEGIS-
LATURE AT THE TIME OF THE UTILITY'S INITIAL FILING WITH THE COMMISSION.
§ 7. This act shall take effect immediately; provided, however, that
sections one, two, three, four, five, and six of this act shall be
deemed to have been in full force and effect on and after April 1, 2025
and shall expire and be deemed repealed April 1, 2026; provided further,
however, that section six-a of this act shall take effect on the one
hundred eightieth day after it shall have become a law.
PART YY
Section 1. Paragraph a of subdivision 1 of section 765 of the general
business law, as amended by section 6 of part X of chapter 57 of the
laws of 2013, is amended to read as follows:
a. Failure to comply with any provision of this article shall subject
an excavator or an operator to a civil penalty of up to [two thousand
five hundred] FIVE THOUSAND dollars for the first violation and up to an
additional [ten] TWENTY thousand dollars for each succeeding violation
that occurs within a twelve month period.
§ 2. Paragraph c of subdivision 1 of section 765 of the general busi-
ness law, as amended by chapter 445 of the laws of 1995, is amended to
read as follows:
c. An action to recover a penalty under this article may be brought in
the supreme court in the judicial district in which the violation was
S. 3008--B 99
alleged to have occurred which shall be commenced and prosecuted by the
attorney general. The public service commission shall, pursuant to
section one hundred nineteen-b of the public service law, forward to the
attorney general its determination of the amount of the penalty for
violations or rules and regulations adopted to implement the require-
ments of this article. Upon receipt of such determination, the attorney
general may commence an action to recover such penalty. All moneys
recovered in any such action, together with the costs thereof, AND ALL
MONEYS RECOVERED AS THE RESULT OF ANY SUCH PUBLIC SERVICE COMMISSION
DETERMINATION shall be PROVIDED FOR OR paid [into] AS A SUPPLEMENT TO
ANY EXISTING MONIES DEDICATED TO the [state treasury to the credit of
the general fund] EXISTING ENERGY AFFORDABILITY PROGRAM ADMINISTERED BY
THE PUBLIC SERVICE COMMISSION TO THE ENERGY BURDEN LEVEL AT OR BELOW SIX
PERCENT OF HOUSEHOLD INCOME FOR RESIDENTIAL LOW-INCOME RATEPAYERS OF
ELECTRIC, GAS, AND COMBINATION GAS AND ELECTRIC CORPORATIONS REGULATED
BY THE PUBLIC SERVICE COMMISSION, WHO QUALIFY FOR THE ENERGY AFFORDABIL-
ITY PROGRAM ADMINISTERED BY THE PUBLIC SERVICE COMMISSION FOR THE
PURPOSES OF SUPPLYING RATEPAYERS WHO CAN PROVIDE DOCUMENTATION OF
ELIGIBILITY TO ELECTRIC, GAS, AND COMBINATION GAS AND ELECTRIC CORPO-
RATIONS FOR THE HOME ENERGY ASSISTANCE PROGRAM UNDER SECTION NINETY-SEV-
EN OF THE SOCIAL SERVICES LAW, MEDICAID, TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES, SUPPLEMENTAL SECURITY INCOME, SUPPLEMENTAL NUTRITION ASSIST-
ANCE PROGRAM, LIFELINE, SOCIAL SECURITY DISABILITY INSURANCE AND ANY
OTHER INCOME-BASED ASSISTANCE PROGRAM IDENTIFIED BY THE PUBLIC SERVICE
COMMISSION THAT ALLOWS LOW-INCOME RATEPAYERS TO QUALIFY FOR ON BILL
CREDITS FROM THE ENERGY AFFORDABILITY PROGRAM.
§ 3. Intentionally omitted.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to paragraph c of subdivision 1 of section 765 of the
general business law made by section two of this act shall take effect
on the same date as the reversion of such paragraph as provided in
section 4 of chapter 522 of the laws of 2000, as amended.
PART ZZ
Section 1. Subdivision (a) of section 314 of the tax law, as amended
by chapter 190 of the laws of 1990, is amended to read as follows:
(a) General.--Except in accordance with proper judicial order or as
otherwise provided by law, it shall be unlawful for any tax commission-
er, any officer or employee of the department of taxation and finance,
or any person who, pursuant to this section, is permitted to inspect any
return, or to whom any information contained in any return is furnished,
or any person engaged or retained by such department on an independent
contract basis, or any person who in any manner may acquire knowledge of
the contents of a return filed pursuant to this article, to divulge or
make known in any manner the amount of income or gross receipts or any
particulars set forth or disclosed in any return under this article. The
officers charged with the custody of such returns shall not be required
to produce any of them or evidence of anything contained in them in any
action or proceeding in any court, except on behalf of the state or the
commissioner of taxation and finance in an action or proceeding under
the provisions of this chapter or in any other action or proceeding
involving the collection of a tax due under this chapter to which the
state or the commissioner is a party or a claimant, or on behalf of any
party to any action or proceeding under the provisions of this article
when the returns or facts shown thereby are directly involved in such
S. 3008--B 100
action or proceeding, in any of which events the court may require the
production of, and may admit in evidence, so much of said returns or of
the facts shown thereby as are pertinent to the action or proceeding and
no more. The commissioner may, nevertheless, publish a copy or a summary
of any determination or decision rendered after the formal hearing
provided for in this chapter. Nothing herein shall be construed to
prohibit the delivery to a petroleum business or its duly authorized
representative of a copy of any return filed by it, nor to prohibit the
publication of statistics so classified as to prevent the identification
of particular returns and the items thereof, OR THE DISCLOSURE OF DATA
OTHER THAN TAXPAYER IDENTITY INFORMATION FROM A RETURN OR RETURNS OF ONE
OR MORE PETROLEUM OR FOSSIL FUEL BUSINESSES TO THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION OR THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY FOR THE PURPOSE OF IMPLEMENTING THE CLIMATE LEADERSHIP
AND COMMUNITY PROTECTION ACT, CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO
THOUSAND NINETEEN, PROMULGATION OF REGULATIONS THEREUNDER, AND ACHIEVE-
MENT OF THE STATEWIDE GREENHOUSE GAS EMISSION LIMITS, AS DEFINED AND
ESTABLISHED IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION
LAW, or the publication of delinquent lists showing the names of petro-
leum businesses who have failed to pay their taxes at the time and in
the manner provided by section three hundred eight of this article
together with any relevant information which in the opinion of the
commissioner may assist in the collection of such delinquent taxes; or
the inspection by the attorney general or other legal representatives of
the state of the return of any petroleum business which shall bring
action to set aside or review the tax based thereon, or against whom an
action or proceeding under this chapter has been recommended by the
commissioner or the attorney general or has been instituted; or the
inspection of the returns of any petroleum business by the comptroller
or duly designated officer or employee of the state department of audit
and control, for purposes of the audit of a refund of any tax paid by
such petroleum business under this article. Provided, further, nothing
herein shall be construed to prohibit the disclosure of taxpayer identi-
ty information, including name, mailing address and taxpayer identifying
number (social security account number, or such other number as has been
assigned by the secretary of the United States treasury or [his] SUCH
SECRETARY'S delegate, or by the commissioner of taxation and finance),
with respect to persons who are registered as residual petroleum product
or aviation fuel businesses under this article or as distributors of
motor fuel or diesel motor fuel or kero-jet fuel only for the purpose of
article twelve-A of this chapter or this article, whose registration as
a residual petroleum product business or as such distributor has been
cancelled or suspended pursuant to this article or such article twelve-A
or whose application for registration as a residual petroleum product
business or as such distributor has been refused pursuant to this arti-
cle or such article twelve-A. In addition, the commissioner may disclose
the fact that a person is not registered as a residual petroleum busi-
ness under this article or as a distributor of motor fuel, diesel motor
fuel or kero-jet fuel only under article twelve-A of this chapter.
Information disclosed pursuant to this subdivision shall not, by itself,
be construed as proof of compliance or noncompliance with the provisions
of this chapter.
§ 2. This act shall take effect immediately.
PART AAA
S. 3008--B 101
Section 1. The vehicle and traffic law is amended by adding a new
section 404-ii to read as follows:
§ 404-II. DISTINCTIVE PLATES FOR GOLD STAR FAMILIES. 1. ANY GOLD STAR
FAMILY RECIPIENT OR THE SPOUSE OF A GOLD STAR FAMILY RECIPIENT RESIDING
IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A LICENSE PLATE BEARING THE
WORDS "GOLD STAR FAMILY". IF A DISTINCTIVE PLATE IS ISSUED TO A GOLD
STAR FAMILY RECIPIENT PURSUANT TO THIS SECTION, ADDITIONAL DISTINCTIVE
PLATES MAY BE ISSUED FOR EVERY VEHICLE REGISTERED IN THE NAME OF THE
GOLD STAR FAMILY RECIPIENT RESIDING IN THIS STATE OR THE SPOUSE OF SUCH
GOLD STAR FAMILY RECIPIENT. FOR PURPOSES OF THIS SECTION, A MEMBER OF A
GOLD STAR FAMILY SHALL INCLUDE BUT NOT BE LIMITED TO A RESIDENT OF THIS
STATE WHO IS A GOLD STAR PARENT AS DEFINED IN SECTION TWENTY-SIX OF THE
VETERANS' SERVICES LAW, THE SPOUSE OR DOMESTIC PARTNER, OR THE BIOLOG-
ICAL, STEP, OR LEGALLY ADOPTED MINOR CHILD OF A VETERAN WHOSE DEATH
QUALIFIED THE PARENT FOR AN ANNUITY. APPLICATION FOR SAID LICENSE PLATE
SHALL BE FILED WITH THE COMMISSIONER IN SUCH FORM AND DETAIL AS THE
COMMISSIONER SHALL PRESCRIBE.
2. THE DISTINCTIVE PLATE AUTHORIZED HEREIN SHALL BE ISSUED UPON PROOF,
SATISFACTORY TO THE COMMISSIONER, THAT THE APPLICANT OR THE SPOUSE OF
THE APPLICANT IS A GOLD STAR FAMILY RECIPIENT.
3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
IN THE SAME MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF THE REGULAR
REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS ARTICLE,
PROVIDED, HOWEVER, THAT NO SERVICE CHARGE SHALL BE CHARGED FOR SUCH
PLATE, AS WELL AS NO BOND REQUIREMENT TO OFFSET COSTS ASSOCIATED WITH
THE PRODUCTION OF SUCH LICENSE PLATE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART BBB
Section 1. Legislative intent. Pursuant to 2 U.S.C. § 2131, every
state is invited to provide and furnish to the United States Capitol two
statues, in marble or bronze, of deceased persons who were distinguished
and prominent citizens of the state for placement in the National Statu-
ary Hall Collection. New York is currently represented in the National
Statuary Hall Collection at the United States Capitol by Robert R.
Livingston and George Clinton, statues which were placed there in the
1870s.
Pursuant to 2 U.S.C. § 2132, a state has the option to replace statues
in the National Statuary Hall, that have been displayed for at least 10
years, by making a request to the Joint Committee on the Library of
Congress.
The Legislature recognizes that Harriet Tubman was a distinguished and
prominent New Yorker who meets the high standards required to represent
the great state of New York in the United States Capitol. One of Ameri-
ca's most famous abolitionists, Harriet Tubman was born enslaved in
Maryland in 1822 before escaping to freedom. She became a leading figure
of the Underground Railroad and she risked her life to help free dozens
of enslaved people. During the Civil War she became one of the first
African American woman to serve in the military. In 1859, Harriet Tubman
purchased property in Auburn, NY, where she would live until her death
in 1913.
§ 2. Commission. (a) A commission is hereby established to replace the
statue of Robert R. Livingston with a statue of Harriet Tubman in the
National Statuary Hall of the United States Capitol. The commission
S. 3008--B 102
shall consist of the following appointees: the Governor, or a designee,
the Temporary President of the Senate, or a designee, the Speaker of the
Assembly, or a designee, the Executive director of the council on the
arts, or a designee, and the Commissioner of the office of general
services, or a designee.
(b) The commission shall be responsible for selecting the design of
the statue of Harriet Tubman. The statue shall be designed and created
in accordance with the published guidelines set forth by the Architect
of the United States Capitol.
(c) The Governor, along with the commission, shall submit an official,
written request, along with a copy of this act to the Joint Committee on
the Library of Congress, the Architect of the Capitol, the Speaker of
the United States House of Representatives, and the Presiding Officer of
the United States Senate. The request shall include a description of the
location in the state where the replaced statue of Robert R. Livingston
will be displayed after it is transferred.
(d) Upon approval for replacement of the statue of Robert R. Living-
ston by the Architect of the Capitol with a statue of Harriet Tubman,
the Governor shall formalize an agreement between the Architect of the
Capitol and the State of New York to complete the process.
§ 3. This act shall take effect September 1, 2025.
PART CCC
Section 1. Legislative findings and intent. The legislature hereby
finds that children are an inherently vulnerable population, and that
marketing food and beverages high in saturated fatty acids, trans-fatty
acids, and free sugars in a targeted and persistent manner to this group
is inconsistent with this state's efforts to curb the disastrous health
outcomes that follow the overconsumption of these products which include
but are not limited to increased rates of malnutrition, undernutrition,
micronutrient deficiencies, obesity, and other diet-related illnesses.
Such marketing is inherently misleading, aggressive, and pervasive as
children often lack the same ability to resist the rewarding cues
presented in unhealthy food marketing as adults. New York has a strong
and substantial interest in protecting our children from negative health
consequences and remain aligned with the goals of the Convention on the
Rights of the Child which ensures access to nutritious foods and freedom
from exploitation of all kinds. Additionally, the power of the state is
at its greatest when protecting the health and welfare of its citizens,
especially those most vulnerable. Thus, the legislature finds that
unfair and deceptive marketing targeted at children can mislead and
manipulate children into lifelong habits, and that such unfair and
deceptive advertising should be regulated accordingly.
§ 2. Section 350-a of the general business law is amended by adding
two new subdivisions 4 and 5 to read as follows:
4. IN DETERMINING WHETHER ANY ADVERTISING CONCERNING A FOOD OR FOOD
PRODUCT IS FALSE ADVERTISING, FACTORS SHALL INCLUDE, BUT NOT BE LIMITED
TO:
(A) WHETHER THE ADVERTISEMENT TARGETS A CONSUMER WHO IS REASONABLY
UNABLE TO PROTECT THEIR INTERESTS BECAUSE OF THEIR AGE, ILLITERACY,
INABILITY TO UNDERSTAND THE LANGUAGE OF AN AGREEMENT OR SIMILAR FACTOR.
(B) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION FIVE OF THIS
SECTION, A "CONSUMER" IS DEFINED AS A PERSON WHO IS TARGETED BY AN
ADVERTISEMENT, OR THOSE ACTING ON SUCH A PERSON'S BEHALF.
S. 3008--B 103
5. FOR PURPOSES OF PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION,
SPECIAL CONSIDERATION SHALL BE GIVEN TO ADVERTISEMENTS DIRECTED AT A
CHILD AS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL
SERVICES LAW. IN DETERMINING WHETHER AN ADVERTISEMENT CONCERNING A FOOD
OR FOOD PRODUCT IS DIRECTED AT A CHILD, FACTORS SHALL INCLUDE, BUT NOT
BE LIMITED TO:
(A) SUBJECT MATTER;
(B) VISUAL CONTENT;
(C) USE OF BRIGHT COLORS AND ANIMATED CHARACTERS OR CHILD-ORIENTED
ACTIVITIES AND INCENTIVES;
(D) MUSIC OR OTHER AUDIO CONTENT;
(E) AGE OF MODELS;
(F) PRESENCE OF CHILD CELEBRITIES OR CELEBRITIES WHO APPEAL TO CHIL-
DREN;
(G) LANGUAGE INCLUDING CLAIMS, BUZZWORDS, SAYINGS, AND/OR PHRASES THAT
ARE TRENDING SUCH AS COMMON COLLOQUIAL WORDS SPECIFIC TO THE AGE GROUP;
(H) COMPETENT AND RELIABLE EMPIRICAL EVIDENCE REGARDING AUDIENCE
COMPOSITION AND EVIDENCE REGARDING THE INTENDED AUDIENCE COMPOSITION AND
EVIDENCE REGARDING THE INTENDED AUDIENCE;
(I) PHYSICAL LOCATION OF ADVERTISEMENT, INCLUDING, BUT NOT LIMITED TO,
PROXIMITY TO SCHOOLS OR OTHER INSTITUTIONS FREQUENTED BY CHILDREN;
(J) MEDIUM BY WHICH THE ADVERTISEMENT IS COMMUNICATED, INCLUDING, BUT
NOT LIMITED TO, SOCIAL MEDIA, OR TELEVISION/COMMERCIAL ADVERTISING; AND
(K) OTHER SIMILAR FACTORS INCLUDING PRICE, PRODUCTS THAT OFFER CONVEN-
IENCE IN FINANCIAL SAVINGS, AND SAVING TIME SUCH AS EASY-TO-MAKE OR
PURCHASE MEALS.
§ 3. Section 202-a of the agriculture and markets law is amended by
adding a new subdivision 4 to read as follows:
4. IN DETERMINING WHETHER A VIOLATION OF THIS SECTION HAS OCCURRED,
THE COURT SHALL CONSIDER FACTORS AND SPECIAL CONSIDERATION GIVEN TO
ADVERTISING DIRECTED AT A CHILD PURSUANT TO SECTION THREE HUNDRED
FIFTY-A OF THE GENERAL BUSINESS LAW.
§ 4. Subdivision 1 of section 2599-b of the public health law, as
amended by section 1 of part A of chapter 469 of the laws of 2015, is
amended to read as follows:
1. The program shall be designed to prevent and reduce the incidence
and prevalence of obesity in children and adolescents, especially among
populations with high rates of obesity and obesity-related health
complications including, but not limited to, diabetes, heart disease,
cancer, osteoarthritis, asthma, emphysema, chronic bronchitis, other
chronic respiratory diseases and other conditions. The program shall use
recommendations and goals of the United States departments of agricul-
ture and health and human services, the surgeon general and centers for
disease control and prevention in developing and implementing guidelines
for nutrition education and physical activity projects as part of obesi-
ty prevention efforts. The content and implementation of the program
shall stress the benefits of choosing a balanced, healthful diet from
the many options available to consumers[, without specifically targeting
the elimination of any particular food group, food product or food-re-
lated industry] WHILE SPECIFICALLY INCLUDING EDUCATION ON ACCESS AND THE
NUTRITIONAL VALUE OF LOCALLY GROWN FOODS AND FOOD PRODUCTS INCLUDING,
BUT NOT LIMITED TO DAIRY, FRUIT AND VEGETABLE FOOD PRODUCTS. THE
PROGRAM SHALL COOPERATE WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS
TO ADD ACCESS TO LOCALLY GROWN FOODS AND FOOD PRODUCTS INCLUDING, BUT
NOT LIMITED TO DAIRY, FRUIT AND VEGETABLE FOOD PRODUCTS WITHIN THE
GUIDELINES AND FRAMEWORK OF THE PROGRAM.
S. 3008--B 104
§ 5. Severability. If any part or provision of this act or its appli-
cation to a person is held invalid, the invalidity of that part,
provision or application does not affect other parts, provisions or
applications of this act that can be given effect without the invalid
provision or application.
§ 6. This act shall take effect on the thirtieth day after it shall
have become a law.
PART DDD
Section 1. The agriculture and markets law is amended by adding a new
section 501 to read as follows:
§ 501. SANITARY RETAIL FOOD STORE GRANT PROGRAM. 1. LEGISLATIVE
INTENT. THE LEGISLATURE HEREBY FINDS, DETERMINES, AND DECLARES THAT
RETAIL FOOD STORES LOCATED IN NEW YORK SHOULD MAINTAIN PROPER SANITARY
CONDITIONS TO ENSURE THE HEALTH AND SAFETY OF ALL PATRONS. PRESERVING
STORES THAT ARE UNABLE TO MEET PROPER SANITARY CONDITIONS, AND ARE
LOCATED IN AREAS WHERE LOW-INCOME PEOPLE HAVE LIMITED ACCESS TO AFFORDA-
BLE AND NUTRITIOUS FOOD, IS IN THE BEST INTEREST OF THOSE COMMUNITIES
AND THE STATE. THE LEGISLATURE HEREBY DECLARES THAT IN ORDER TO ENSURE
THE HEALTH AND SAFETY OF ITS CITIZENS, AND PRESERVE RETAIL FOOD STORES
LOCATED IN FOOD DESERTS, THE DEPARTMENT SHALL, IN COOPERATION WITH THE
EMPIRE STATE DEVELOPMENT CORPORATION, CREATE A SANITARY RETAIL FOOD
STORE GRANT PROGRAM.
2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "POTENTIALLY HAZARDOUS FOODS" MEANS ANY FOODS THAT CAN SUPPORT THE
RAPID GROWTH OF DISEASE-CAUSING BACTERIA, INCLUDING BUT NOT LIMITED TO
THE FOLLOWING: MEAT, POULTRY, SEAFOOD, EGGS, PRE-SLICED OR COOKED VEGE-
TABLES, DAIRY, SLICED FRUIT AND COOKED RICE;
(B) "CRITICAL DEFICIENCIES" MEANS FACTORS THAT ARE LEADING CAUSES OF
FOODBORNE ILLNESSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
(I) INSECT, RODENT, BIRD, OR VERMIN ACTIVITY LIKELY TO RESULT IN PROD-
UCT CONTAMINATION;
(II) CONTACT SURFACES ARE UNCLEAN OR NOT PROPERLY SANITIZED, SUCH AS
FOOD CONTACT EQUIPMENT, UTENSILS, OR CONVEYANCES FOR HANDLING POTENTIAL-
LY HAZARDOUS FOODS;
(III) INADEQUATE EMPLOYEE HANDWASHING FACILITIES;
(IV) LACK OF PROPER EQUIPMENT FOR CLEANING AND SANITIZING SURFACES
WHERE ANY POTENTIALLY HAZARDOUS FOODS ARE PREPARED, STORED AND SOLD; AND
(V) POTENTIALLY HAZARDOUS FOODS THAT ARE NOT STORED AT SAFE TEMPER-
ATURES.
(C) "FOOD DESERT" SHALL HAVE THE SAME MEANING AS SECTION TWO HUNDRED
SIXTY OF THIS CHAPTER.
3. SANITARY RETAIL FOOD STORE GRANT PROGRAM. SUBJECT TO APPROPRIATION,
THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF THE EMPIRE
STATE DEVELOPMENT CORPORATION, SHALL ESTABLISH A SANITARY RETAIL FOOD
STORE GRANT PROGRAM TO ENSURE THAT RETAIL FOOD STORES THAT ARE UNABLE TO
SUSTAIN THE COSTS TO IMMEDIATELY CORRECT CRITICAL DEFICIENCIES, ARE
LOCATED IN FOOD DESERTS, AND WOULD OTHERWISE BE UNABLE TO STAY IN OPERA-
TION DUE TO THEIR INABILITY TO MEET AND MAINTAIN SANITARY STANDARDS, MAY
BE AWARDED FUNDS TO CORRECT SUCH CRITICAL DEFICIENCIES TO ENSURE COMMU-
NITIES WITH LIMITED FOOD SOURCES ARE HELD HARMLESS AND HAVE ACCESS TO
RETAIL FOOD STORES WITH PROPER SANITARY CONDITIONS.
S. 3008--B 105
4. ELIGIBILITY. TO BE ELIGIBLE TO RECEIVE SANITARY RETAIL FOOD STORE
GRANT PROGRAM FUNDING, RETAIL FOOD STORES SHALL MEET THE FOLLOWING
CRITERIA:
(A) FOUND TO HAVE CRITICAL DEFICIENCIES THAT WERE NOT OR COULD NOT BE
CORRECTED AT THE TIME OF INSPECTION CREATING A NEED FOR IMMEDIATE
CORRECTIVE ACTION OR FAILS FOR TWO CONSECUTIVE INSPECTIONS;
(B) LOCATED IN A FOOD DESERT WHEREBY CLOSING THE RETAIL FOOD STORE
WOULD HAVE A SUBSTANTIAL IMPACT ON FOOD ACCESS TO THE COMMUNITY IT
SERVES;
(C) THE RETAIL FOOD STORE IS ABLE TO ESTABLISH THAT IT DOES NOT HAVE
ADEQUATE FUNDING OR RESOURCES TO CORRECT THE CRITICAL DEFICIENCIES, NOR
WOULD IT BE ABLE TO ATTAIN SUCH FUNDING WITHIN A REASONABLE AMOUNT OF
TIME TO PREVENT A NEGATIVE IMPACT TO THE COMMUNITY;
(D) THE RETAIL FOOD STORE IS ABLE TO ESTABLISH THAT IT IS UNABLE TO
ATTAIN CREDIT OR LOAN FOR ALL OR PART OF THE COSTS NEEDED TO CORRECT THE
CRITICAL DEFICIENCIES; AND
(E) THE RETAIL FOOD STORE SUPPLIES THE COMMUNITY WITH AFFORDABLE AND
NUTRITIOUS FOOD, SUCH AS FRESH PRODUCE, CANNED GOODS, AND REFRIGERATED
FOODS.
5. GRANTS. THE COMMISSIONER SHALL MAKE GRANTS TO RETAIL FOOD STORES
LOCATED IN FOOD DESERTS AND MEET ALL ELIGIBILITY CRITERIA THAT SUBMIT A
PLAN TO CORRECT THE CRITICAL DEFICIENCIES AND MAINTAIN PROPER SANITATION
FOR AT LEAST FIVE YEARS. THE GRANT SHALL BE BASED ON THE SCOPE AND
NATURE OF THE RESOURCES ASSOCIATED WITH CORRECTING THE CRITICAL DEFI-
CIENCIES AND THE LONG-TERM MAINTENANCE OF THE CORRECTION OF CRITICAL
DEFICIENCIES. GRANTS SHALL BE APPROVED AND RELEASED EVERY SIX MONTHS IN
ORDER TO PROVIDE RETAIL FOOD STORES WITH CERTAINTY ON WHEN THEY WILL BE
ABLE TO ATTAIN FUNDING AND RESOURCES TO CORRECT THE CRITICAL DEFICIEN-
CIES AND FAILED INSPECTIONS.
§ 2. Subdivision 4 of section 500 of the agriculture and markets law,
as amended by section 8 of part I1 of chapter 62 of the laws of 2003, is
amended to read as follows:
4. (A) The department shall inspect each retail food store at least
once in every twelve month period. Any store that fails two consecutive
inspections shall be inspected at least once in every six month period
until [it has passed] NO CRITICAL DEFICIENCIES WERE FOUND OR CRITICAL
DEFICIENCIES WERE FOUND BUT REMEDIED AT THE TIME OF THE INSPECTION FOR
two consecutive inspections. In the event that a retail food store WAS
FOUND TO HAVE CRITICAL DEFICIENCIES THAT WERE NOT OR COULD NOT BE
CORRECTED CREATING A NEED FOR IMMEDIATE CORRECTIVE ACTION OR fails FOR
three consecutive inspections, the department [may, in its discretion,]
SHALL order such establishment to cease all retail operation until it
passes inspection or suspend or revoke any license issued to such estab-
lishment pursuant to article twenty-C of this chapter. HOWEVER, THE
DEPARTMENT MAY, IN ITS DISCRETION ALLOW SUCH ESTABLISHMENTS TO MAINTAIN
OPERATION EVEN IF THEY WOULD OTHERWISE NEED TO CEASE OPERATION IF THEY
ARE ABLE TO ESTABLISH THAT THEY QUALIFIED FOR THE SANITARY RETAIL FOOD
STORE GRANT PROGRAM, DESCRIBED IN SECTION FIVE HUNDRED ONE OF THIS ARTI-
CLE, AND WOULD OTHERWISE BE ABLE TO REMEDY THEIR CRITICAL DEFICIENCIES
BUT WERE NOT AWARDED A GRANT IN THAT CALENDAR YEAR DUE TO EXHAUSTION OF
FUNDS FOR THE GRANT PROGRAM.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "CRITICAL DEFICIENCIES"
MEANS THE SAME AS SUCH TERM IS DEFINED IN SECTION FIVE HUNDRED ONE OF
THIS ARTICLE.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
S. 3008--B 106
PART EEE
Section 1. Short title. This act shall be known and may be cited as
the "NY Home Energy Affordable Transition Act" or the "NY HEAT Act".
§ 2. Legislative findings. The legislature finds and declares that:
1. The Climate Leadership and Community Protection Act (CLCPA) sets
forth ambitious mandates to achieve significant greenhouse gas (GHG)
emission reductions across New York's economy, while prioritizing
reductions in co-pollutant emissions in disadvantaged communities and
requiring significant state investments to bring the affordability and
health benefits of energy efficiency and clean energy to these communi-
ties.
2. Buildings are the largest source of GHG emissions in New York,
contributing approximately one-third of the state's total emissions.
They also produce significant local air pollution, leading to adverse
health outcomes such as asthma and heart disease, especially in disad-
vantaged communities. Reducing emissions and pollution from buildings is
essential to meeting the CLCPA's climate and equity goals and improving
public health.
3. Achieving New York's climate and equity objectives necessitates
updating the regulation of gas utilities. Current policies create misa-
lignment between gas system investments and the CLCPA's 2030 and 2050
mandates, increasing the risk of a costly and disorderly transition.
Strategic planning and investment are needed to decarbonize buildings,
right-size the gas system, and ensure coordinated enhancements to the
electric system, enabling equitable and affordable access to clean ener-
gy solutions for all New Yorkers. Such investments will lead to signif-
icant benefits: the Climate Action Council found that the cost of
inaction on climate exceeds the cost of action by more than $115
billion.
4. Outdated public service laws are misaligned with the state's energy
affordability goals and CLCPA mandates in the following ways:
a. The "utility obligation to serve gas" compels utilities to expand
gas infrastructure, making it challenging to redirect investments toward
insulating and upgrading homes and installing clean energy alternatives
like electrification and thermal energy networks that align with climate
goals while mitigating costs for ratepayers.
b. Mandated system extension allowances require existing ratepayers to
subsidize gas hookups for new customers, costing ratepayers hundreds of
millions of dollars annually.
c. Utilities are projected to spend $150 billion to replace leak-prone
gas pipelines. Through the changes implemented in this act, many of
these investments could be avoided by redirecting funds to neighbor-
hood-scale decarbonization projects. Neighborhood-scale projects offer
the most cost-effective pathway to transition gas customers to alterna-
tive heating and cooling solutions. These projects reduce costs, mini-
mize stranded investments in the gas system, and enable coordinated
efforts among utilities, customers, and other stakeholders.
5. This legislation, the NY Home Energy Affordable Transition (NY
HEAT) Act, seeks to:
a. Reduce unjust and disproportionate energy cost burdens by avoiding
unnecessary, non-strategic, and expensive gas infrastructure invest-
ments, and improving affordability protections.
b. Ensure utility regulations do not work at cross-purposes with the
CLCPA.
S. 3008--B 107
c. Provide the Public Service Commission with clear authority and
direction to align utility planning with CLCPA goals, proactively
addressing regulatory barriers and recommending necessary legislative
changes.
d. Minimize the need for new gas infrastructure investments by redi-
recting ratepayer funds to alternatives including electrification, ther-
mal energy networks, targeted energy efficiency, demand response, and
market transformation measures.
e. Facilitate a planned, neighborhood-scale transition away from
fossil fuels, avoiding stranded gas infrastructure costs and supporting
coordinated investments that reduce emissions, increase affordability,
and create good paying jobs.
f. Ensure equitable access to affordable, clean energy for heating,
cooling, and other building needs, protecting customers from undue
burdens during the transition.
6. This legislation does not impose a ban on the use of gas. It is the
intent of the Legislature to support a gradual and carefully planned
transition for existing gas customers to cleaner alternatives, ensuring
affordability, reliability, and equity throughout the process.
§ 3. The public service law is amended by adding two new sections 66-y
and 66-z to read as follows:
§ 66-Y. STATEWIDE AFFORDABLE GAS TRANSITION PLAN. 1. NO LATER THAN
TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION SHALL
PUBLISH A STATEWIDE AFFORDABLE GAS TRANSITION PLAN TO GUIDE AN ORDERLY,
AFFORDABLE, AND EQUITABLE RIGHT-SIZING OF THE UTILITY GAS SYSTEM IN A
MANNER THAT ALIGNS WITH, AND SUPPORTS ACHIEVEMENT OF, THE CLIMATE
JUSTICE AND EMISSIONS REDUCTION PROVISIONS IN CHAPTER ONE HUNDRED SIX OF
THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNC-
TION AS MAY ARISE FROM TIME TO TIME, INCORPORATING IN SUCH PLAN PRUDENT
INVESTMENTS AND STRATEGIC OPPORTUNITIES TO GENERATE COST EFFICIENCIES
FOR ALL GAS AND ELECTRIC CUSTOMERS AND REDIRECT RESOURCES TOWARD ASSIST-
ING CUSTOMERS TO UPGRADE THEIR HOMES AND ENERGY APPLIANCES. SUCH PLAN
SHALL INCLUDE, AT A MINIMUM:
(A) TARGETS FOR THE TRANSITION OF GAS SYSTEM INFRASTRUCTURE AND RECOM-
MENDATIONS FOR PLANNING AND INVESTMENT STRATEGIES FOR THE STATE'S GAS
CORPORATIONS TO ACHIEVE SUCH TARGETS.
(B) GENERAL REQUIREMENTS FOR UTILITY HOME ENERGY AFFORDABLE TRANSITION
PROGRAMS PURSUANT TO SECTION SIXTY-SIX-Z OF THIS ARTICLE, REGARDING
CRITERIA FOR APPROVAL OF SUCH PROGRAMS AND NEIGHBORHOOD GAS TRANSITION
PROJECTS IMPLEMENTED AS PART OF SUCH PROGRAMS, INCLUDING REQUIREMENTS:
(I) TO ENSURE CUSTOMERS AFFECTED BY A NEIGHBORHOOD GAS TRANSITION
PROJECT HAVE CONTINUED ACCESS TO SAFE AND RELIABLE ENERGY SERVICES FOR
HEATING, COOLING, COOKING, AND WATER HEATING;
(II) FOR UTILITIES TO NOTIFY CUSTOMERS AFFECTED BY A NEIGHBORHOOD GAS
TRANSITION PROJECT IN A TIMELY MANNER;
(III) TO ENSURE THE ABILITY OF THE ELECTRICAL GRID TO SAFELY SUPPORT
ANY NEW ELECTRIC LOAD CREATED BY A HOME ENERGY AFFORDABLE TRANSITION
PROGRAM, INCLUDING FOR UTILITY PARTICIPATION IN ANY COORDINATION ACTIV-
ITIES REGARDING GRID PLANNING; AND
(IV) TO PRIORITIZE VOLUNTARY DISCONNECTIONS FROM GAS SERVICE, TO MINI-
MIZE THE COST OF TRANSITION FOR EXISTING GAS AND ELECTRIC CUSTOMERS, AND
TO ENCOURAGE UTILIZATION OF EXISTING RESOURCES FOR WEATHERIZATION, ENER-
GY EFFICIENCY, AND ELECTRIFICATION PROGRAMS AVAILABLE IN THE STATE.
(C) IN COLLABORATION WITH THE STATE'S GAS AND ELECTRIC CORPORATIONS,
IDENTIFICATION OF A PRELIMINARY LIST OF NEIGHBORHOOD GAS TRANSITION
S. 3008--B 108
PROJECTS BEST SUITED FOR HOME ENERGY AFFORDABLE TRANSITION PROGRAMS
PURSUANT TO SECTION SIXTY-SIX-Z OF THIS ARTICLE.
(D) A REVIEW OF THE PUBLIC SERVICE LAW AND ITS CURRENT RULES AND POLI-
CY GUIDANCE TO IDENTIFY ANY LAW, RULE, GUIDANCE, OR LACK THEREOF, THAT
MAY INHIBIT TIMELY AND EQUITABLE ACHIEVEMENT OF THE CLIMATE JUSTICE AND
EMISSION REDUCTION PROVISIONS IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF
TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNCTION AS MAY
ARISE FROM TIME TO TIME.
2. IN DEVELOPING AN AFFORDABLE GAS TRANSITION PLAN PURSUANT TO THIS
SECTION, THE DEPARTMENT SHALL HOLD NO FEWER THAN FOUR PUBLIC HEARINGS IN
DIFFERENT REGIONS OF THE STATE.
3. UPON COMPLETION, THE STATEWIDE AFFORDABLE GAS TRANSITION PLAN SHALL
BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE AND SHALL BE DELIVERED TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY.
§ 66-Z. UTILITY HOME ENERGY AFFORDABLE TRANSITION PROGRAMS. 1. THE
COMMISSION SHALL, FOR EACH GAS CORPORATION IN THIS STATE, ISSUE AN ORDER
TO DEVELOP HOME ENERGY AFFORDABLE TRANSITION PROGRAMS PURSUANT TO THIS
SECTION, AND IN ACCORDANCE WITH THE STATEWIDE AFFORDABLE GAS TRANSITION
PLAN IN SECTION SIXTY-SIX-Y OF THIS ARTICLE, AND SHALL REQUIRE PARTIC-
IPATION OF SUCH GAS CORPORATION AS NECESSARY FOR IMPLEMENTATION. SUCH
PROGRAMS SHALL REQUIRE IMPLEMENTATION OF NEIGHBORHOOD GAS TRANSITION
PROJECTS FOR THE PURPOSE OF DECOMMISSIONING DISCRETE SEGMENTS OF THE
UTILITY GAS SYSTEM IN ORDER TO PROVIDE FOR AN ORDERLY GAS SYSTEM TRANSI-
TION TO ACHIEVE CONSISTENCY WITH THE CLIMATE JUSTICE AND EMISSION
REDUCTION PROVISIONS IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU-
SAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNCTION AS MAY ARISE FROM
TIME TO TIME. DEVELOPMENT AND APPROVAL OF SUCH PROGRAMS SHALL BE
COMPLETED NO LATER THAN ONE YEAR AFTER THE STATEWIDE AFFORDABLE GAS
TRANSITION PLAN HAS BEEN PUBLISHED.
2. PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTY, NO EXISTING RESIDEN-
TIAL GAS CUSTOMER, AS SUCH TERM IS REFERENCED IN SECTION THIRTY OF THIS
CHAPTER, SHALL HAVE THEIR GAS SERVICE DISCONTINUED AS PART OF A NEIGH-
BORHOOD GAS TRANSITION PROJECT IMPLEMENTED PURSUANT TO THIS SECTION
EXCEPT BY CONSENT OF SUCH CUSTOMER.
3. PROGRAMS SHALL BE DESIGNED TO MAXIMIZE COST EFFICIENCIES FROM
AVOIDED INVESTMENTS IN THE EXPANSION AND MAINTENANCE OF THE GAS SYSTEM,
AND REDIRECT RESOURCES TOWARD IMPLEMENTATION OF NEIGHBORHOOD GAS TRANSI-
TION PROJECTS, INCLUDING ASSISTING CUSTOMERS TO UPGRADE THEIR HOMES AND
ENERGY APPLIANCES, INCLUDING THOSE USED FOR HEATING, COOLING, COOKING,
AND WATER HEATING, IN ADDITION TO UTILIZING STATE AND FEDERAL APPLIANCE
AND EFFICIENCY INCENTIVE PROGRAMS AND OTHER AVAILABLE FUNDING STREAMS.
4. THE COMMISSION SHALL ONLY APPROVE PROGRAMS THAT ENSURE THAT ALL
AFFECTED RESIDENTIAL CUSTOMERS WILL:
(A) HAVE CONTINUED ACCESS TO SAFE AND RELIABLE ENERGY SERVICES FOR
HEATING, COOLING, COOKING, AND WATER HEATING;
(B) HAVE ACCESS TO FUNDING AND TECHNICAL SUPPORT FOR THE PURCHASE AND
INSTALLATION OF CUSTOMER-OWNED EQUIPMENT AT LOW OR NO COST, AS WELL AS
FOR THE PURPOSES OF IDENTIFYING, PLANNING, AND SECURING SERVICES TO
UNDERTAKE WEATHERIZATION AND ENERGY EFFICIENCY MEASURES, AND PRE-ELEC-
TRIFICATION UPGRADES, USING ANY RESOURCES AVAILABLE FOR SUCH PURPOSES;
(C) BE GIVEN NOTICE AT LEAST TWO YEARS IN ADVANCE OF THE CESSATION OF
GAS SERVICE, AND AT LEAST EVERY SIX MONTHS SUBSEQUENTLY, VIA MAIL AND,
WHEN APPLICABLE, ELECTRONICALLY, AND, WHERE FEASIBLE, THROUGH AT LEAST
ONE IN-PERSON CONTACT, AND BE PROVIDED NOTIFICATION OF FINANCIAL AND
S. 3008--B 109
TECHNICAL ASSISTANCE AVAILABLE TO SUCH CUSTOMERS FROM THE UTILITY OR
OTHER STATE OR FEDERAL PROGRAMS TO SUPPORT ELECTRIFICATION;
(D) HAVE AN OPPORTUNITY TO COMMENT ON THE PROPOSED NEIGHBORHOOD GAS
TRANSITION PROJECT BEFORE IT IS FINALIZED; AND
(E) BE PROVIDED NOTICE WHEN AN ADJACENT CUSTOMER CONNECTED TO THEIR
LOCAL GAS GRID HAS VOLUNTARILY OPTED TO DISCONTINUE SERVICE, VIA MAIL
AND, WHEN APPLICABLE, ELECTRONICALLY.
5. THE COMMISSION SHALL REQUIRE EACH GAS CORPORATION TO REEVALUATE ITS
EXISTING PLANS, POLICIES, AND PROGRAMS RELATED TO PROACTIVE REPLACEMENT
OF GAS SYSTEM INFRASTRUCTURE BASED ON ANALYSES OF DISCRETE SEGMENTS OF
THE GAS SYSTEM THAT ARE MOST SUITABLE TO BE PRIORITIZED FOR NEIGHBORHOOD
GAS TRANSITION PROJECTS.
6. THE COMMISSION SHALL ENSURE THAT ANY PROGRAM APPROVED PURSUANT TO
THIS SECTION WILL NOT COMPROMISE THE SAFETY AND RELIABILITY OF THE ELEC-
TRIC DISTRIBUTION GRID OR GAS DISTRIBUTION SYSTEM, OR RESULT IN UNREA-
SONABLE DISRUPTION OF SERVICE TO BUILDINGS THAT ARE USED FOR AN INDUS-
TRIAL OR COMMERCIAL USE THAT IS DIFFICULT TO ELECTRIFY USING
COMMERCIALLY AVAILABLE TECHNOLOGY OR THAT HOUSE AN ENERGY INTENSIVE AND
TRADE EXPOSED INDUSTRY, OR TO CRITICAL INFRASTRUCTURE AS SUCH TERMS ARE
DEFINED BY THE COMMISSION.
7. PROGRAMS APPROVED PURSUANT TO THIS SECTION SHALL NOT COMPROMISE THE
ABILITY OF A GAS CORPORATION TO SEEK TO RECOVER PRUDENT, COMMISSION-AP-
PROVED INVESTMENTS IN INFRASTRUCTURE THAT WAS USED AND USEFUL.
8. PRIOR TO APPROVAL, THE COMMISSION SHALL CONSIDER WHETHER A PROGRAM
IS ADEQUATELY DESIGNED TO MITIGATE POTENTIAL FINANCIAL HARDSHIP TO
AFFECTED RESIDENTIAL CUSTOMERS IN CONNECTION WITH THE REPLACEMENT OF
GAS-FIRED APPLIANCES AS PART OF NEIGHBORHOOD GAS TRANSITION PROJECTS
IMPLEMENTED PURSUANT TO THE PROGRAM.
§ 4. Subdivision 1 of section 4 of the public service law, as amended
by chapter 594 of the laws of 2021, is amended to read as follows:
1. There shall be in the department of public service a public service
commission, which shall possess the powers and duties hereinafter speci-
fied, and also all powers necessary or proper to enable it to carry out
the purposes of this chapter AND TO ENABLE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION PROVISIONS IN CHAPTER ONE HUNDRED SIX OF
THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN LAW AND FUNC-
TION AS MAY ARISE FROM TIME TO TIME. The commission shall consist of
five members, to be appointed by the governor, by and with the advice
and consent of the senate. A commissioner shall be designated as [chair-
man] CHAIRPERSON of the commission by the governor to serve in such
capacity at the pleasure of the governor or until [his] THE COMMISSION-
ER'S term [as commissioner] expires whichever first occurs. At least one
commissioner shall have experience in utility consumer advocacy. No more
than three commissioners may be members of the same political party
unless, pursuant to action taken under subdivision two of this section,
the number of commissioners shall exceed five, and in such event no more
than four commissioners may be members of the same political party.
§ 5. Paragraph b of subdivision 1 of section 5 of the public service
law, as amended by chapter 155 of the laws of 1970, is amended to read
as follows:
b. To the manufacture, conveying, transportation, sale or distribution
of gas (natural or manufactured or mixture of both) and electricity for
light, heat, COOLING, or power, to gas plants and to electric plants and
to the persons or corporations owning, leasing or operating the same.
§ 6. Section 30 of the public service law, as amended by chapter 686
of the laws of 2002, is amended to read as follows:
S. 3008--B 110
§ 30. Residential gas, electric and steam service policy. 1. This
article shall apply to the provision of all or any part of the gas,
electric or steam service provided to any residential customer by any
gas, electric or steam and municipalities corporation or municipality.
It is hereby declared to be the policy of this state that the continued
provision of [all or any part of such gas,] electric and steam [service]
SERVICES to all residential customers without unreasonable qualifica-
tions or lengthy delays is necessary for the preservation of the health
and general welfare, IS CONSISTENT WITH THE ACHIEVEMENT OF THE STATE'S
CLIMATE JUSTICE AND EMISSION REDUCTION GOALS, and is in the public
interest. IT IS FURTHER THE POLICY OF THIS STATE THAT ELECTRIC AND
STEAM SERVICES TO ALL RESIDENTIAL CUSTOMERS, AND GAS SERVICE FOR EXIST-
ING RESIDENTIAL CUSTOMERS MUST BE PROVIDED IN A MANNER THAT IS SAFE AND
ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDULY PREFERENTIAL, AND IN ALL
RESPECTS JUST AND REASONABLE, WHILE PROVIDING FOR AN ORDERLY, AFFORDABLE
AND EQUITABLE RIGHT-SIZING OF THE UTILITY GAS SYSTEM TO ACHIEVE CONSIST-
ENCY WITH THE CLIMATE JUSTICE AND EMISSION REDUCTION PROVISIONS IN CHAP-
TER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH
SUCCESSORS IN LAW AND FUNCTION AS MAY ARISE FROM TIME TO TIME, ENCOURAG-
ING NEIGHBORHOOD-SCALE TRANSITIONS AND THE ELIMINATION OF ON-SITE
CO-POLLUTANTS.
2. (A) THE COMMISSION SHALL REGULATE FOR THE CONTINUED PROVISION OF
GAS SERVICE TO ALL EXISTING RESIDENTIAL GAS CUSTOMERS, UNLESS SUCH
SERVICE IS DISCONTINUED PURSUANT TO A HOME ENERGY AFFORDABLE TRANSITION
PROGRAM APPROVED BY THE COMMISSION PURSUANT TO SECTION SIXTY-SIX-Z OF
THIS CHAPTER.
(B) FOR THE PURPOSES OF THIS SECTION, ANY NEW RESIDENTIAL GAS CUSTOMER
PURCHASING OR RENTING OR MOVING INTO A BUILDING WITH EXISTING GAS
SERVICE, OR IN WHICH GAS SERVICE WAS TEMPORARILY INTERRUPTED, AS DEFINED
BY THE COMMISSION, INCLUDING TEMPORARY INTERRUPTION FOR EMERGENCIES,
DISASTERS, MAINTENANCE, REPAIRS, RENOVATION, OR RESTORATION, SHALL BE
TREATED AS AN EXISTING CUSTOMER UNLESS AND UNTIL SUCH SERVICE IS DISCON-
TINUED PURSUANT TO A HOME ENERGY AFFORDABLE TRANSITION PROGRAM APPROVED
BY THE COMMISSION.
3. (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
COMMISSION SHALL DEVELOP A PLAN TO ENSURE THAT ALL RESIDENTIAL CUSTOMERS
BE ADEQUATELY PROTECTED FROM BEARING AN ENERGY BURDEN GREATER THAN SIX
PERCENT OF THEIR HOUSEHOLD INCOME. IN DEVELOPING SUCH PLAN, THE COMMIS-
SION SHALL EVALUATE AVAILABLE TOOLS, INCLUDING BUT NOT LIMITED TO BILL
DISCOUNTS, BILL CREDITS, REDIRECTION OF AVOIDED COSTS OF UTILITY INFRAS-
TRUCTURE, RATE MAKING STRATEGIES, ENERGY EFFICIENCY, DISTRIBUTED RENEWA-
BLE ENERGY, AND POTENTIAL BUDGETARY MEASURES, PRIORITIZING MITIGATION OF
RATE INCREASES ON RESIDENTIAL CUSTOMERS. BEGINNING IN THE CALENDAR YEAR
FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION, AND CONTINUING ANNUAL-
LY ON OR BEFORE OCTOBER FIRST, THE COMMISSION SHALL REPORT TO THE GOVER-
NOR AND LEGISLATURE ON THE ACTIONS IT HAS TAKEN AND PROGRESS IT HAS MADE
TOWARD IMPLEMENTING THE PLAN DEVELOPED PURSUANT TO THIS PARAGRAPH. SUCH
REPORT SHALL INCLUDE BUT NOT BE LIMITED TO RECOMMENDATIONS REGARDING ANY
ADDITIONAL LEGISLATIVE OR BUDGETARY MEASURES NECESSARY TO ACHIEVE SUCH
GOAL. THE ANNUAL REPORT SHALL ALSO BE PUBLISHED ON THE COMMISSION'S
WEBSITE. IN IMPLEMENTING THE PLAN DEVELOPED PURSUANT TO THIS PARAGRAPH,
THE COMMISSION SHALL PRIORITIZE LOW-TO-MODERATE INCOME CUSTOMERS, AS
DEFINED BY THE COMMISSION, INCLUDING THOSE WHO ARE ALREADY ELIGIBLE FOR
THE COMMISSION'S ENERGY AFFORDABILITY PROGRAM.
(B) IN ORDER TO ENSURE THAT ALL RESIDENTIAL CUSTOMERS BE ADEQUATELY
PROTECTED FROM BEARING AN ENERGY BURDEN GREATER THAN SIX PERCENT OF
S. 3008--B 111
THEIR HOUSEHOLD INCOME, THE COMMISSION MAY AUTHORIZE THE USE OF REASON-
ABLE PER-CUSTOMER CAPS ON THE AMOUNT OF ENERGY SUBJECT TO SUCH
PROTECTIONS. THE COMMISSION MAY ALSO ESTABLISH A REASONABLE CAP ON
COLLECTIONS FROM RATEPAYERS TO FUND THE COMMISSION'S ENERGY AFFORDABILI-
TY PROGRAM OR SIMILAR SUCCESSOR PROGRAMS PROVIDED SUCH CAP IS NOT LESS
THAN THREE PERCENT OF TOTAL ELECTRIC OR GAS REVENUES FOR SALES TO END-
USE CUSTOMERS FOR EACH UTILITY.
4. NOTHING IN THIS ARTICLE OR ANY OTHER LAW OF NEW YORK STATE SHALL BE
INTERPRETED OR OTHERWISE CONSTRUED AS PREEMPTING A MUNICIPALITY FROM
ADOPTING BUILDING CODES OR OTHER REGULATIONS REGARDING ON-SITE EMISSIONS
FOR NEW AND EXISTING BUILDINGS WITHIN THEIR LOCALITIES.
§ 7. Subdivision 1 of section 1020-cc of the public authorities law,
as amended by section 11 of part A of chapter 173 of the laws of 2013,
is amended to read as follows:
1. All contracts of the authority shall be subject to the provisions
of the state finance law relating to contracts made by the state. The
authority shall also establish rules and regulations with respect to
providing to its residential gas, electric and steam utility customers
those rights and protections provided in article two and sections one
hundred seventeen and one hundred eighteen of the public service law and
section one hundred thirty-one-s of the social services law. IT SHALL
BE A GOAL OF THE AUTHORITY THAT ALL RESIDENTIAL CUSTOMERS BE ADEQUATELY
PROTECTED FROM BEARING AN ENERGY BURDEN GREATER THAN SIX PERCENT OF
THEIR HOUSEHOLD INCOME PURSUANT TO SUBDIVISION THREE OF SECTION THIRTY
OF THE PUBLIC SERVICE LAW. The authority shall conform to any safety
standards regarding manual lockable disconnect switches for solar elec-
tric generating equipment established by the public service commission
pursuant to subparagraph (ii) of paragraph (a) of subdivision five and
subparagraph (ii) of paragraph (a) of subdivision five-a of section
sixty-six-j of the public service law. The authority shall let contracts
for construction or purchase of supplies, materials, or equipment pursu-
ant to section one hundred three and paragraph (e) of subdivision four
of section one hundred twenty-w of the general municipal law.
§ 8. Subdivisions 1, 3 and 4 of section 31 of the public service law,
as added by chapter 713 of the laws of 1981, are amended and a new
subdivision 4-a is added to read as follows:
1. Every gas corporation, electric corporation or municipality shall
provide residential service upon the oral or written request of an
applicant, provided that ANY RESIDENTIAL GAS SERVICE SHALL ONLY BE
PROVIDED IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE, AND PROVIDED
FURTHER THAT the commission may require that requests for service be in
writing under circumstances as it deems necessary and proper as set
forth by regulation, and provided further that the applicant:
(a) makes full payment for residential utility service provided to a
prior account in [his] THE APPLICANT'S name; or
(b) agrees to make payments under a deferred payment plan of any
amounts due for service to a prior account in [his] THE APPLICANT'S name
and makes a down payment based on criteria to be established by the
commission. No such down payment shall exceed one-half of any money due
from an applicant for residential utility service, or three months aver-
age billing, whichever is less; or
(c) is a recipient of public assistance, supplemental security income
or additional state payments pursuant to the social services law, or is
an applicant for such assistance, income or payments, and the utility
corporation or the municipality receives payment from, or is notified of
the applicant's eligibility for utility payments by the social services
S. 3008--B 112
official of the social services district in which such person resides
for amounts due for service to a prior account in the applicant's name,
together with guarantee of future payments to the extent authorized by
the social services law; AND
(D) RECEIVES CLEAR, TIMELY INFORMATION FROM THE GAS CORPORATION, ELEC-
TRIC CORPORATION, MUNICIPALITY, OR RETAIL ENERGY SERVICE COMPANY, WRIT-
TEN IN PLAIN LANGUAGE, AVAILABLE IN THE TOP TWELVE MOST COMMON NON-ENGL-
ISH LANGUAGES SPOKEN BY LIMITED ENGLISH PROFICIENT NEW YORKERS, AND
APPROVED BY THE COMMISSION AFTER STAKEHOLDER INPUT, ON INCENTIVES AND
OPPORTUNITIES FOR INSTALLING ENERGY-EFFICIENT ELECTRIC HEATING AND COOL-
ING TECHNOLOGIES, WEATHERIZATION, DEMAND-SIDE MANAGEMENT, AND DISTRIB-
UTED ENERGY RESOURCE PROGRAMS.
(E) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT EXIST-
ING GAS CUSTOMERS, IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE AND
SUBJECT TO ANY OTHER REGULATIONS IMPLEMENTED BY THE COMMISSION, FROM
RECONNECTING TO THE GAS DISTRIBUTION SYSTEM FOLLOWING A GAS INTERRUPTION
DUE TO EMERGENCY REPAIRS OR REMEDIATION OF LEAKING EQUIPMENT.
3. Subject to the requirements of subdivisions four, FOUR-A and five
of this section, AND IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE,
whenever a residential customer moves to a new residence within the
service territory of the same utility corporation or municipality, [he]
THE APPLICANT shall be eligible to receive service at the new residence
and such service shall be considered a continuation of service in all
respects EXCEPT FOR THE PURPOSES OF SECTION THIRTY OF THIS ARTICLE, with
any deferred payment agreement honored, and with all rights of such
customer and such utility corporation provided by this article unim-
paired.
4. In the case of any application for ELECTRIC service to a building
which is not supplied with electricity [or gas], a utility corporation
or municipality shall be obligated to provide ELECTRIC service to such a
building, provided however, that the commission may require applicants
for service to buildings located in excess of one hundred feet from [gas
or] electric transmission lines to pay or agree in writing to pay mate-
rial and installation costs relating to the applicant's proportion of
the pipe, conduit, duct or wire, or other facilities to be installed.
4-A. IN THE CASE OF ANY APPLICATION FOR GAS SERVICE TO A BUILDING
WHICH IS NOT SUPPLIED WITH GAS, A UTILITY CORPORATION OR MUNICIPALITY
SHALL BE OBLIGATED TO PROVIDE GAS SERVICE TO SUCH BUILDING IN ACCORDANCE
WITH COMMISSION REGULATION, PROVIDED HOWEVER, THAT THE COMMISSION SHALL
REQUIRE APPLICANTS FOR GAS SERVICE TO SUCH BUILDING TO PAY OR AGREE IN
WRITING TO PAY MATERIAL AND INSTALLATION COSTS RELATING TO THE PIPE OR
OTHER FACILITIES TO BE INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
§ 9. Section 12 of the transportation corporations law, as separately
amended by chapters 713 and 895 of the laws of 1981, is amended to read
as follows:
§ 12. [Gas and electricity] ELECTRICITY must be supplied on applica-
tion. Except in the case of an application for residential utility
service pursuant to article two of the public service law, upon written
application of the owner or occupant of any building within one hundred
feet of any [main of a gas corporation or gas and electric corporation,
or a] line of an electric corporation or gas and electric corporation,
appropriate to the service requested, and payment by [him] THE APPLICANT
of all money due from [him] THE APPLICANT to the corporation, it shall
supply [gas or] electricity as may be required for [lighting] such
building, notwithstanding there be rent or compensation in arrears for
gas or electricity supplied, or for meter, wire, pipe or fittings
S. 3008--B 113
furnished, to a former occupant thereof, unless such owner or occupant
shall have undertaken or agreed with the former occupant to pay or to
exonerate [him] THE FORMER OCCUPANT from the payment of such arrears,
and shall refuse or neglect to pay the same; and if for the space of ten
days after such application, and the deposit of a reasonable sum as
provided in the next section, if required, the corporation shall refuse
or neglect to supply gas or [electric light] ELECTRICITY as required,
such corporation shall forfeit and pay to the applicant the sum of ten
dollars, and the further sum of five dollars for every day thereafter
during which such refusal or neglect shall continue; provided that no
such corporation shall be required to lay service pipes or wires for the
purpose of supplying gas or electric light to any applicant where the
ground in which such pipe or wire is required to be laid shall be
frozen, or shall otherwise present serious obstacles to laying the same;
nor unless the applicant, if required, shall deposit in advance with the
corporation a sum of money sufficient to pay the cost of [his propor-
tion] THE APPLICANT'S PORTION of the pipe, conduit, duct or wire
required to be installed, and the expense of the installation of such
portion.
§ 10. The transportation corporations law is amended by adding a new
section 13 to read as follows:
§ 13. GAS MUST BE SUPPLIED IN ACCORDANCE WITH PUBLIC SERVICE COMMIS-
SION RULES AND REGULATIONS. EXCEPT IN THE CASE OF AN APPLICATION FOR
RESIDENTIAL UTILITY SERVICE PURSUANT TO ARTICLE TWO OF THE PUBLIC
SERVICE LAW, UPON WRITTEN APPLICATION OF THE OWNER OR OCCUPANT OF ANY
BUILDING WITHIN ONE HUNDRED FEET OF ANY MAIN OF A GAS CORPORATION OR GAS
AND ELECTRIC CORPORATION APPROPRIATE TO THE SERVICE REQUESTED, AND
PAYMENT BY THE APPLICANT OF ALL MONEY DUE FROM THE APPLICANT TO THE
CORPORATION, IT SHALL SUPPLY GAS FOR SUCH BUILDING IN ACCORDANCE WITH
PUBLIC SERVICE COMMISSION REGULATIONS, NOTWITHSTANDING THERE BE RENT OR
COMPENSATION IN ARREARS FOR GAS SUPPLIED, OR FOR METER, PIPE OR FITTINGS
FURNISHED, TO A FORMER OCCUPANT THEREOF, UNLESS SUCH OWNER OR OCCUPANT
SHALL HAVE UNDERTAKEN OR AGREED WITH THE FORMER OCCUPANT TO PAY OR TO
EXONERATE THE FORMER OCCUPANT FROM THE PAYMENT OF SUCH ARREARS, AND
SHALL REFUSE OR NEGLECT TO PAY THE SAME; AND IF FOR THE SPACE OF TEN
DAYS AFTER SUCH APPLICATION, AND THE DEPOSIT OF A REASONABLE SUM, IF
REQUIRED, THE CORPORATION SHALL REFUSE OR NEGLECT TO SUPPLY GAS AS
REQUIRED PURSUANT TO PUBLIC SERVICE COMMISSION RULES AND REGULATIONS,
SUCH CORPORATION SHALL FORFEIT AND PAY TO THE APPLICANT THE SUM OF TEN
DOLLARS, AND THE FURTHER SUM OF FIVE DOLLARS FOR EVERY DAY THEREAFTER
DURING WHICH SUCH REFUSAL OR NEGLECT SHALL CONTINUE; PROVIDED THAT NO
SUCH CORPORATION SHALL BE REQUIRED TO LAY SERVICE PIPES FOR THE PURPOSE
OF SUPPLYING GAS TO ANY APPLICANT WHERE THE GROUND IN WHICH SUCH PIPES
ARE REQUIRED TO BE LAID SHALL BE FROZEN, OR SHALL OTHERWISE PRESENT
SERIOUS OBSTACLES TO LAYING THE SAME; NOR UNLESS THE APPLICANT SHALL
DEPOSIT IN ADVANCE WITH THE CORPORATION A SUM OF MONEY SUFFICIENT TO PAY
THE MATERIAL AND INSTALLATION COSTS RELATING TO THE PIPE OR OTHER FACIL-
ITIES TO BE INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
§ 11. Section 66 of the public service law is amended by adding a new
subdivision 12-e to read as follows:
12-E. THE COMMISSION SHALL REVIEW THE CAPITAL CONSTRUCTION PLAN OF
EACH GAS CORPORATION AND ESTABLISH A PROCESS TO EXAMINE THE FEASIBLE
ALTERNATIVES TO SUCH CONSTRUCTION IN ORDER TO ACHIEVE CONSISTENCY WITH
THE CLIMATE JUSTICE AND EMISSION REDUCTION PROVISIONS IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND SUCH SUCCESSORS IN
LAW AND FUNCTION AS MAY ARISE FROM TIME TO TIME, AND TO ALIGN WITH THE
S. 3008--B 114
STATEWIDE AFFORDABLE GAS TRANSITION PLAN PURSUANT TO SECTION SIXTY-SIX-Y
OF THIS ARTICLE. THE COMMISSION MAY REQUIRE PARTICIPATION IN SUCH PROC-
ESS BY EACH ELECTRIC CORPORATION WITH A SERVICE AREA OVERLAPPING THE
SERVICE AREA OF THE GAS CORPORATION, AND THE COMMISSION SHALL HAVE THE
POWER TO REQUIRE ANY SUCH ELECTRIC CORPORATION TO PARTICIPATE IN ALTER-
NATIVES TO GAS CAPITAL CONSTRUCTION, INCLUDING PARTICIPATION IN FINANC-
ING. ANY COSTS INCURRED BY SUCH ELECTRIC CORPORATION FOR SUCH CORPO-
RATION'S PARTICIPATION SHALL BE SUBJECT TO AN OPPORTUNITY FOR FULL
RECOVERY, AS DETERMINED BY THE COMMISSION.
§ 12. Section 66-b of the public service law is REPEALED.
§ 13. The public service law is amended by adding a new section 66-x
to read as follows:
§ 66-X. EXPANSION OF GAS COMPANY SERVICE TERRITORIES. EXCEPT AS
PROVIDED IN THIS SECTION, AND NOTWITHSTANDING ANY OTHER PROVISION OF
THIS CHAPTER, AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, THE
COMMISSION SHALL NOT GRANT AN AMENDMENT OF A GAS COMPANY'S CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY THAT EXPANDS A GAS COMPANY'S SERVICE
TERRITORY IN ORDER TO EXTEND GAS PLANT AND THE AVAILABILITY OF GAS
SERVICE INTO GEOGRAPHIC AREAS WHERE GAS SERVICE WAS NOT AVAILABLE PRIOR
TO SUCH DATE. THE COMMISSION MAY AUTHORIZE EXCEPTIONS TO THE POLICY SET
FORTH IN THIS SECTION ON A CASE-BY-CASE BASIS, PROVIDED THAT THE COMMIS-
SION FINDS THAT THE AMENDMENT OF THE CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY IS LIMITED TO A PROJECT THAT SERVES A COMPELLING STATE
INTEREST, ALTERNATIVES TO GAS SERVICE ARE EITHER NOT TECHNICALLY FEASI-
BLE OR PROHIBITIVELY EXPENSIVE, AND THAT THE PROJECT WILL BE COMPLETED
AND PUT INTO SERVICE NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-EIGHT.
§ 14. Section 66-g of the public service law is REPEALED.
§ 15. Subdivision 1 of section 224-d of the labor law, as amended by
section 31 of part O of chapter 58 of the laws of 2024, is amended and a
new subdivision 9 is added to read as follows:
1. For purposes of this section, a "covered renewable energy system"
means (a) a renewable energy system, as such term is defined in section
sixty-six-p of the public service law, with a capacity of one or more
megawatts alternating current and which involves the procurement of
renewable energy credits by a public entity, or a company or corporation
provided in subdivisions twenty-three and twenty-four of section two of
the public service law, or a third party acting on behalf and for the
benefit of a public entity; (b) any "thermal energy network" as defined
by subdivision twenty-nine of section two of the public service law; (c)
any offshore wind supply chain project, including but not limited to
port infrastructure, primary component manufacturing, finished component
manufacturing, subassembly manufacturing, subcomponent manufacturing, or
raw material producers, or a combination thereof receiving direct fund-
ing from the New York state energy research and development authority
pursuant to an award under a New York state energy research and develop-
ment authority solicitation; [or] (d) a "major utility transmission
facility" as such term is defined by section one hundred twenty of the
public service law; OR (E) ANY COVERED NEIGHBORHOOD GAS TRANSITION
PROJECT, AS DEFINED BY SUBDIVISION NINE OF THIS SECTION.
9. FOR PURPOSES OF THIS SECTION, A "COVERED NEIGHBORHOOD GAS TRANSI-
TION PROJECT" SHALL MEAN A PROJECT PERFORMED BY CONTRACTORS OR SUBCON-
TRACTORS HIRED DIRECTLY BY A PUBLIC UTILITY COMPANY, AS DEFINED BY
SUBDIVISION TWENTY-THREE OF SECTION TWO OF THE PUBLIC SERVICE LAW, TO
ENSURE THAT CUSTOMERS PERMANENTLY TRANSITIONING OFF UTILITY GAS SERVICE
AS PART OF A HOME ENERGY AFFORDABLE TRANSITION PROGRAM PURSUANT TO
S. 3008--B 115
SECTION SIXTY-SIX-Z OF THE PUBLIC SERVICE LAW HAVE CONTINUED ACCESS TO
SAFE AND RELIABLE ENERGY SERVICES FOR HEATING, COOLING, COOKING, AND
WATER HEATING. A COVERED NEIGHBORHOOD GAS TRANSITION PROJECT SHALL NOT
INCLUDE A PROJECT PERFORMED UNDER PRIVATE CONTRACT WITH AN ENTITY OTHER
THAN A PUBLIC UTILITY COMPANY, EVEN IF SUCH ENTITY OR CONTRACTOR
RECEIVES FINANCIAL AND/OR TECHNICAL SUPPORT FROM A PUBLIC UTILITY COMPA-
NY, INCLUDING FOR THE PURCHASE AND INSTALLATION OF CUSTOMER-OWNED EQUIP-
MENT.
§ 16. Severability. If any word, phrase, clause, sentence, paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the word, phrase, clause, sentence, paragraph, section, or part ther-
eof directly involved in the controversy in which such judgment shall
have been rendered. It is hereby declared to be the intent of the legis-
lature that this act would have been enacted even if such invalid
provisions had not been included herein.
§ 17. This act shall take effect immediately.
PART FFF
Section 1. The executive law is amended by adding a new article 43 to
read as follows:
ARTICLE 43
CLIMATE RESILIENT NEW YORK ACT OF 2025
SECTION 930. SHORT TITLE.
931. DECLARATION OF PURPOSE.
932. OFFICE OF RESILIENCE.
933. CHIEF RESILIENCE OFFICER.
934. STATEWIDE RESILIENCE PLAN.
935. RESILIENCE TASK FORCE.
936. STATE AGENCY RESILIENCE COORDINATORS.
937. INTERAGENCY RESILIENCE COORDINATION TEAM.
938. PUBLIC ENGAGEMENT AND REPORTING.
§ 930. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"CLIMATE RESILIENT NEW YORK ACT OF 2025".
§ 931. DECLARATION OF PURPOSE. THE LEGISLATURE RECOGNIZES THAT THE
STATE IS PARTICULARLY VULNERABLE TO ADVERSE IMPACTS FROM CLIMATE CHANGE.
IN LESS THAN 15 YEARS, THE STATE HAS EXPERIENCED SIXTEEN CLIMATE DISAS-
TER DECLARATIONS. THESE RISING RISKS POSE ECONOMIC, SOCIAL, ENVIRON-
MENTAL, AND PUBLIC HEALTH AND SAFETY CHALLENGES. A COORDINATED APPROACH
IS NECESSARY TO EFFECTIVELY, EFFICIENTLY, AND EQUITABLY ADDRESS AND
PREPARE FOR THE ADVERSE IMPACTS OF NEAR-, MID-, AND LONG-TERM CLIMATE
THREATS ON THE STATE. THIS ACT THEREFORE RELATES TO ESTABLISHING A
STATEWIDE OFFICE OF CLIMATE RESILIENCE; ADDING THE OFFICE OF CLIMATE
RESILIENCE TO THE EXECUTIVE BRANCH OF GOVERNMENT; CREATING THE OFFICE OF
RESILIENCE WITHIN THE OFFICE OF THE GOVERNOR; ESTABLISHING A CHIEF RESI-
LIENCE OFFICER; ESTABLISHING RESILIENCE COORDINATORS IN EACH STATE AGEN-
CY; PROVIDING FOR A STATEWIDE RESILIENCE PLAN TO BE COORDINATED BY THE
OFFICE OF CLIMATE RESILIENCE; ESTABLISHING AN INTERAGENCY RESILIENCE
COORDINATION TEAM AND PROVIDING FOR ITS MEMBERS, MEETINGS, AND PUBLIC
ENGAGEMENT; AND PROVIDING FOR RELATED MATTERS.
§ 932. OFFICE OF RESILIENCE. 1. THERE IS HEREBY CREATED IN THE EXECU-
TIVE DEPARTMENT AN OFFICE OF RESILIENCE, HEREINAFTER IN THIS ARTICLE
REFERRED TO AS THE "OFFICE".
2. THE OFFICE SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
S. 3008--B 116
(A) COORDINATE THE RESILIENCE TASK FORCE AND PROVIDE STRATEGIC DIREC-
TION FOR GOVERNMENTAL RESILIENCE INITIATIVES TO BUILD LONG-TERM CLIMATE
RESILIENCE FOR A ROBUST, VIBRANT ECONOMY, SUSTAINABLE NATURAL ENVIRON-
MENT, HEALTHY COMMUNITIES, AND AN EQUITABLE AND JUST TRANSITION TO
FUTURE CLIMATE;
(B) ESTABLISH AN INTERAGENCY RESILIENCE COORDINATION TEAM;
(C) ESTABLISH, IN COLLABORATION WITH THE INTERAGENCY RESILIENCE COOR-
DINATION TEAM, A STATEWIDE RESILIENCE PLAN AND FRAMEWORK TO FACILITATE
COORDINATION ACROSS RESILIENCE PLANS AT ALL LEVELS OF GOVERNMENT;
(D) PROVIDE TECHNICAL GUIDANCE AND ASSISTANCE OR SUPPORT TO AGENCIES
AND LOCAL AND REGIONAL JURISDICTIONS, TO INTEGRATE STATEWIDE RESILIENCE
GOALS INTO FUTURE PROJECTS, PLANS, AND PROGRAMS, AND TO FOSTER INTER-
MUNICIPAL COOPERATION;
(E) ESTABLISH A MEANS OF TRACKING PROGRESS TOWARD STATEWIDE GOALS ON
CLIMATE RESILIENCE;
(F) IDENTIFY AND DEVELOP POLICIES NECESSARY TO IMPLEMENT A STATEWIDE
RESILIENCE PLAN AND RISK REDUCTION STRATEGY;
(G) ESTABLISH AND MAINTAIN A WEBSITE WHICH SHALL FACILITATE THE SATIS-
FACTION OF THE FUNCTIONS AND DUTIES OF THE OFFICE;
(H) ESTABLISH AND MAINTAIN A PRINCIPAL OFFICE AND SUCH OTHER OFFICES
WITHIN THE STATE AS IT MAY DEEM NECESSARY;
(I) APPOINT A SECRETARY, COUNSEL, CLERKS AND SUCH OTHER EMPLOYEES AND
AGENTS AS IT MAY DEEM NECESSARY, FIX THEIR COMPENSATION WITHIN THE LIMI-
TATIONS PROVIDED BY LAW, AND PRESCRIBE THEIR DUTIES; AND
(J) REQUIRE THAT STATE AGENCIES AND ANY OTHER STATE OR MUNICIPAL
DEPARTMENT, AGENCY, PUBLIC AUTHORITY, TASK FORCE, COMMISSION, OR OTHER
STATE OR MUNICIPAL GOVERNMENT BODY, PROVIDE AND THE SAME ARE HEREBY
AUTHORIZED TO PROVIDE, SUCH ASSISTANCE, DOCUMENTS, AND DATA AS WILL
ENABLE THE OFFICE TO CARRY OUT ITS FUNCTIONS AND DUTIES.
§ 933. CHIEF RESILIENCE OFFICER. 1. THE HEAD OF THE OFFICE SHALL BE
THE CHIEF RESILIENCE OFFICER WHO SHALL BE APPOINTED BY THE GOVERNOR AND
WHO SHALL HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR.
2. THE CHIEF RESILIENCE OFFICER SHALL HAVE THE FOLLOWING FUNCTIONS,
POWERS AND DUTIES:
(A) EMPLOY OR ALLOCATE THE NECESSARY STAFF AND REQUEST THE ASSISTANCE
OF PERSONNEL OF ANY STATE DEPARTMENT OR AGENCY TO CARRY OUT THE FUNC-
TIONS, POWERS AND DUTIES PROVIDED IN THIS ARTICLE OR AS OTHERWISE
PROVIDED BY LAW;
(B) MANAGE THE OFFICE, THE BUDGET FOR SUCH OFFICE, AND RELATED FUNC-
TIONS AS PROVIDED BY LAW;
(C) REVIEW AND RECONCILE STATE AGENCY COMMENTS ON FEDERALLY SPONSORED
RESILIENCE AND RISK MITIGATION ACTIVITIES TO DEVELOP AND PRESENT AN
OFFICIAL STATE POSITION;
(D) REPRESENT THE POLICY AND CONSENSUS VIEWPOINT OF THE STATE AT THE
FEDERAL, REGIONAL, STATE, AND LOCAL LEVELS WITH RESPECT TO RESILIENCE
AND RISK MITIGATION;
(E) MONITOR AND SEEK AVAILABLE FUNDS TO SUPPORT THE STATE'S RESILIENCE
PRIORITIES, INCLUDING COORDINATING CROSS-AGENCY FEDERAL FUNDING APPLICA-
TIONS FOR COMMUNITY RESILIENCE PROJECTS;
(F) PROVIDE STRATEGIC DIRECTION FOR INTERAGENCY AND CROSS-DISCIPLINARY
INITIATIVES TO BUILD RESILIENCE, IN COLLABORATION WITH THE OTHER RELE-
VANT RESILIENCE TASK FORCE AND ENTITIES AS THE CHIEF RESILIENCE OFFICER
DEEMS APPROPRIATE, FOR THE PURPOSES OF CLIMATE RESILIENCE PLANNING AND
GOAL DEVELOPMENT, TRACKING AND REPORTING PROGRESS ON CLIMATE RESILIENCE
GOALS, AND PUBLIC ENGAGEMENT ON CLIMATE RESILIENCE ISSUES;
S. 3008--B 117
(G) APPRAISE THE ADEQUACY OF STATUTORY AND ADMINISTRATIVE MECHANISMS
FOR COORDINATING THE STATE'S POLICIES AND PROGRAMS AT BOTH THE INTRA-
STATE AND INTERSTATE LEVELS, AND BETWEEN FEDERAL, STATE, AND LOCAL
GOVERNMENT, WITH RESPECT TO RESILIENCE AND RISK MITIGATION;
(H) DEVELOP, WHERE APPROPRIATE, INTRASTATE OR INTERGOVERNMENTAL AGREE-
MENTS TO FORMALIZE COORDINATION ROLES FOR REGIONAL RESILIENCE PROJECTS,
SUCH AS THE NEW YORK-NEW JERSEY HARBOR AND TRIBUTARIES PROJECT;
(I) APPRAISE POLICY BARRIERS TO MEET THE GOALS OF THE STATE WITH
RESPECT TO RESILIENCE AND RISK MITIGATION;
(J) SERVE AS SUBJECT-MATTER EXPERT FOR THE STATE ON ISSUES RELATED TO
RESILIENCE AND MITIGATION AND PROVIDE RECOMMENDATIONS TO THE LEGISLATURE
AND FEDERAL CONGRESS WITH RESPECT TO POLICIES, PROGRAMS, AND COORDINAT-
ING MECHANISMS RELATIVE TO RESILIENCE AND RISK MITIGATION;
(K) ASSIST WITH THE STATE'S PLANNING EFFORTS, INCLUDING BUT NOT LIMIT-
ED TO A STATEWIDE RESILIENCE PLAN, THE STATE HAZARD MITIGATION PLAN, AND
OTHER RELEVANT STATE AND REGIONAL PLANS FOR WHICH THERE IS A STATE
INTEREST, TO ENSURE THE INCORPORATION AND ALIGNMENT OF THE STATE'S RESI-
LIENCE GOALS AND OBJECTIVES INTO A UNIFIED, PROACTIVE, PRE-DISASTER
APPROACH TO ADAPTATION AND NEAR-, MID-, AND LONG-TERM RESILIENCE;
(L) TO SERVE AS A CLEARINGHOUSE FOR THE BENEFIT OF MUNICIPALITIES
REGARDING INFORMATION RELATING TO FLOODING, EXTREME HEAT, AND OTHER RISK
PREVENTION AND MITIGATION, INCLUDING IMPACT PREVENTION AND MITIGATION
PROJECT FUNDING PROGRAMS, AND OTHER INFORMATION RELATING TO THEIR COMMON
PROBLEMS WITH RESPECT TO THESE HAZARDS AND THE STATE AND FEDERAL
SERVICES AVAILABLE TO ASSIST IN SOLVING SUCH PROBLEMS;
(M) TAKE OTHER ACTIONS CONSISTENT WITH LAW AS DEEMED NECESSARY BY THE
CHIEF RESILIENCE OFFICER TO CARRY OUT SUCH OFFICER'S DUTIES, FUNCTIONS,
AND RESPONSIBILITIES.
§ 934. STATEWIDE RESILIENCE PLAN. 1. TO COORDINATE AND STRENGTHEN
EFFORTS TO REDUCE LOSSES FROM FUTURE DISASTERS ACROSS THE STATE, THE
OFFICE SHALL CONTRIBUTE TO ALL STATEWIDE PLANNING EFFORTS RELATED TO
RESILIENCE AND RISK MITIGATION AND SHALL DEVELOP A STRATEGIC STATEWIDE
RESILIENCE PLAN TO PROTECT THE STATE FROM MULTIPLE CLIMATE THREATS.
2. SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
(A) ARTICULATION OF THE STATE'S RESILIENCE GOALS AND OBJECTIVES;
(B) UTILIZATION OF THE BEST AVAILABLE SCIENCE, INCLUDING A RANGE OF
FUTURE PROJECTIONS, TO IDENTIFY, IMPLEMENT, OR REFORM POLICIES,
PROJECTS, AND PROGRAMS TO ACHIEVE THE STATE'S RESILIENCE GOALS AND
OBJECTIVES;
(C) RECOMMENDED AGENCY-SPECIFIC STRATEGIC ACTIONS, INCLUDING CRITERIA
FOR PRIORITIZATION BASED ON A VULNERABILITY ASSESSMENT OF THE RISKS FROM
MULTIPLE ENVIRONMENTAL THREATS TO AGENCY MISSION AREAS, ASSETS,
SERVICES, AND POPULATIONS SERVED;
(D) PRIORITIZATION OF NATURAL, NATURE-BASED, AND NON-STRUCTURAL
APPROACHES TO MITIGATING CLIMATE THREATS, WHEREVER POSSIBLE INCLUDING,
WITHOUT LIMITATION, USE OF LIVING SHORELINES, RIPARIAN RESTORATION,
PERMEABLE SURFACES, RAIN GARDENS, GREEN ROOFS, TREE CANOPY EXPANSION,
WETLAND RESTORATION, REMOVING, ALTERING, OR RIGHT-SIZING DAMS, NATURAL
AREA CONSERVATION, WASTE-WATER AND STORMWATER INFRASTRUCTURE UPGRADES,
ALTERATION OF STRUCTURES, BUYOUTS, AND OTHER FLOOD AND EXTREME HEAT
PREVENTION, MITIGATION AND RESILIENCY STRATEGIES OR PROJECTS;
(E) SET GOALS AND RESILIENCE INDICATORS THAT SHALL BE TRACKED AND
REPORTED TO THE PUBLIC OVER TIME IN AN ANNUAL PROGRESS REPORT; AND
(F) A FRAMEWORK FOR RESILIENCE PROJECT DEVELOPMENT, FUNDING, AND
IMPLEMENTATION. SUCH FRAMEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO,
THE FOLLOWING:
S. 3008--B 118
(I) SPATIAL ANALYSIS OF PROJECTED CLIMATE THREAT EXPOSURE AND VULNER-
ABILITY, INCLUDING BUT NOT LIMITED TO FLOOD, EXTREME HEAT AND PRECIPI-
TATION, STORM EVENTS, AND WILDFIRE, AND OTHER RISKS. SUCH ANALYSIS AND
RESULTING MAPS SHOULD DELINEATE THE GEOGRAPHY AND THE SOCIAL AND ECOLOG-
ICAL VULNERABILITY OF THE RISK, USING THE STATE'S ENVIRONMENTAL JUSTICE
AND DISADVANTAGED COMMUNITY LAYERS AND INCLUDING CLIMATE-VULNERABLE
ECOSYSTEMS, LEVERAGING EXISTING INFORMATION FROM THE NEW YORK STATE
CLIMATE IMPACTS ASSESSMENT, THE NEW YORK CITY PANEL ON CLIMATE CHANGE,
AND OTHER REGIONAL, PEER-REVIEWED, BEST AVAILABLE SCIENTIFIC SOURCE,
WHEREVER FEASIBLE;
(II) AN ACCESSIBLE, UPDATED DATABASE OR INVENTORY OF CRITICAL INFRAS-
TRUCTURE VULNERABLE TO CURRENT AND FUTURE FLOODING, DEVELOPED IN COLLAB-
ORATION WITH MUNICIPALITIES. THIS INCLUDES THOSE THAT ARE ESSENTIAL FOR
CRITICAL GOVERNMENT AND BUSINESS FUNCTIONS, NATIONAL SECURITY, TRANSPOR-
TATION, UTILITIES, PUBLIC HEALTH AND SAFETY, THE ECONOMY, FLOOD AND
STORM PROTECTION, WATER QUALITY MANAGEMENT, AND WILDLIFE HABITAT MANAGE-
MENT;
(III) MAPS OR ACCESSIBLE, VISUAL REPRESENTATION OF FEDERAL, STATE, AND
LOCAL MUNICIPAL AND COUNTY PROJECTS PLANNED TO REDUCE SUCH RISKS, ALONG
WITH THE FEDERAL, STATE, OR LOCAL AGENCIES LEADING THOSE PROJECTS AND
THE FUNDING SOURCE; AND
(IV) A STRATEGIC PLAN FOR DEVELOPING, FUNDING, AND FINANCING PROJECTS
THAT ADDRESS SUCH RISKS THROUGH FEDERAL, STATE, LOCAL, AND PRIVATE
SOURCES. SUCH STRATEGIC PLAN SHALL:
(1) INCLUDE A STRATEGY FOR HOW TO MAKE EVERY EFFORT PRACTICABLE THAT
DISADVANTAGED COMMUNITIES, AS IDENTIFIED PURSUANT TO SECTION 75-0111 OF
THE ENVIRONMENTAL CONSERVATION LAW, RECEIVE AT LEAST FORTY PERCENT OF
THE BENEFITS OF PROPOSED PLANS AND PROJECTS; PROVIDED, HOWEVER, DISAD-
VANTAGED COMMUNITIES SHALL RECEIVE NO LESS THAN THIRTY-FIVE PERCENT OF
SUCH BENEFITS; AND
(2) SEEKS TO BUILD ALIGNMENT AND EFFICIENCIES ACROSS AGENCY VULNER-
ABILITY ASSESSMENTS AND RESILIENCE STRATEGIES.
§ 935. RESILIENCE TASK FORCE. 1. THERE IS HEREBY ESTABLISHED WITHIN
THE OFFICE A RESILIENCE TASK FORCE TO PROVIDE STRATEGIC DIRECTION TO
RESILIENCE EFFORTS ACROSS THE STATE AND MAKE RECOMMENDATIONS TO THE
OFFICE.
2. SUCH TASK FORCE SHALL BE COMPRISED OF THE FOLLOWING MEMBERS:
(A) THE CHIEF RESILIENCE OFFICER, WHO SHALL SERVE AS CHAIR AND SHALL
REPRESENT THE VIEWS OF THE INTERAGENCY RESILIENCE COORDINATION TEAM;
(B) THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
OR THEIR DESIGNEE;
(C) THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES, OR THEIR DESIGNEE;
(D) THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,
OR THEIR DESIGNEE;
(E) THE SECRETARY OF STATE, OR THEIR DESIGNEE;
(F) THE COMMISSIONER OF THE DEPARTMENT OF FINANCIAL SERVICES, OR THEIR
DESIGNEE;
(G) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR THEIR DESIGNEE;
(H) THE PRESIDENT OF THE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, OR
THEIR DESIGNEE;
(I) THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION, OR THEIR
DESIGNEE;
(J) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS;
(K) THE CHAIR OF THE METROPOLITAN TRANSPORTATION AUTHORITY, OR THEIR
DESIGNEE;
S. 3008--B 119
(L) THE CHAIR OF THE THRUWAY AUTHORITY, OR THEIR DESIGNEE;
(M) THE CHAIR OF THE BRIDGE AUTHORITY, OR THEIR DESIGNEE;
(N) THE EXECUTIVE DIRECTOR OF THE PORT AUTHORITY, OR THEIR DESIGNEE;
AND
(O) A MEMBER OF THE GENERAL PUBLIC WITH EXPERTISE IN RESILIENCY PLAN-
NING.
§ 936. STATE AGENCY RESILIENCE COORDINATORS. EACH STATE AGENCY
INCLUDED IN THE RESILIENCE TASK FORCE AND ANY OTHER AGENCIES TO BE
INCLUDED IN RESILIENCE PLANNING AS DESIGNATED BY THE CHIEF RESILIENCE
OFFICER OR RESILIENCE TASK FORCE SHALL APPOINT A RESILIENCE COORDINATOR
TO WORK WITH THE CHIEF RESILIENCE OFFICER TO ENSURE RESILIENCE IS INTE-
GRATED INTO AGENCY MISSIONS AND PRIORITIES, AND OTHERWISE COORDINATE
WITH THE CHIEF RESILIENCE OFFICER. SUCH COORDINATORS SHALL SERVE ON THE
INTERAGENCY RESILIENCE COORDINATION TEAM ESTABLISHED PURSUANT TO SECTION
NINE HUNDRED THIRTY-SEVEN OF THIS ARTICLE. EACH SUCH COORDINATOR SHALL
BE APPOINTED BY A STATE AGENCY WITH THE EXCLUSIVE ROLE OF FOCUSING ON
CLIMATE RESILIENCE WITH SUCH AGENCY'S MISSION AND ACTIVITIES.
§ 937. INTERAGENCY RESILIENCE COORDINATION TEAM. 1. THERE IS HEREBY
ESTABLISHED WITHIN THE OFFICE AN INTERAGENCY RESILIENCE COORDINATION
TEAM TO MAINTAIN AWARENESS, COMMUNICATION, AND ALIGNMENT WITH REGARD TO
THE STATE'S RESILIENCE AND RISK MITIGATION NEEDS, PROGRESS, AND PRIORI-
TIES AND TO OVERSEE DEVELOPMENT OF THE STATEWIDE RESILIENCE PLAN.
2. SUCH TEAM SHALL:
(A) BE COMPRISED OF RESILIENCE COORDINATORS FROM EACH STATE AGENCY
INCLUDED IN THIS ARTICLE OR OTHERWISE DESIGNATED BY THE CHIEF RESILIENCE
OFFICER OR RESILIENCE TASK FORCE AND THE CHIEF RESILIENCE OFFICER, WHO
SHALL SERVE AS CHAIR;
(B) MEET UPON THE CALL OF THE CHAIR, WITH A MINIMUM OF FOUR MEETINGS
ANNUALLY;
(C) DEVELOP STRATEGIC PLANS FOR AGENCIES AND COLLABORATE IN THE DEVEL-
OPMENT OF A STATEWIDE RESILIENCE PLAN; AND
(D) DEVELOP AND IMPLEMENT A PLAN FOR PUBLIC ENGAGEMENT, REVIEW OF KEY
PRODUCTS OF THE STATEWIDE RESILIENCE PLAN, AND TRACK AND REPORT ON
PROGRESS OF SUCH PLAN OVER TIME.
3. THE CHIEF RESILIENCE OFFICER SHALL CONVENE THE FIRST MEETING OF THE
INTERAGENCY RESILIENCE COORDINATION TEAM ON OR BEFORE THE NINETIETH DAY
AFTER THE EFFECTIVE DATE OF THIS SECTION.
§ 938. PUBLIC ENGAGEMENT AND REPORTING. 1. PUBLIC ENGAGEMENT. A STATE-
WIDE RESILIENCE PLAN SHALL BE DEVELOPED AND THE RESILIENCE TASK FORCE
SHALL HOLD AT LEAST SIX REGIONAL PUBLIC COMMENT HEARINGS ON THE DRAFT
PLAN, INCLUDING THREE MEETINGS IN THE UPSTATE REGION AND THREE MEETINGS
IN THE DOWNSTATE REGION, AND SHALL ALLOW AT LEAST ONE HUNDRED TWENTY
DAYS FOR THE SUBMISSION OF PUBLIC COMMENT. THE TASK FORCE SHALL PROVIDE
MEANINGFUL OPPORTUNITIES FOR PUBLIC COMMENT FROM ALL SEGMENTS OF THE
POPULATION THAT WILL BE IMPACTED BY THE PLAN, INCLUDING PERSONS LIVING
IN DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSUANT TO SECTION 75-0111
OF THE ENVIRONMENTAL CONSERVATION LAW.
2. REPORTING. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION, AND EVERY FIVE YEARS THEREAFTER, THE OFFICE SHALL COMPLETE AND
SUBMIT AN UPDATED STATEWIDE RESILIENCE PLAN TO THE LEGISLATURE AND MAKE
SUCH PLAN PUBLICLY AVAILABLE.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART GGG
S. 3008--B 120
Section 1. Subdivision 6 of section 27-1405 of the environmental
conservation law, as amended by section 2 of part A of chapter 577 of
the laws of 2004, is amended to read as follows:
6. "[Citizen] COMMUNITY participation plan" shall mean the description
of [citizen] COMMUNITY participation activities prepared and carried out
pursuant to section 27-1417 of this title.
§ 2. Subdivisions 2 and 9 of section 27-1409 of the environmental
conservation law, subdivision 2 as amended by section 7 of part BB of
chapter 56 of the laws of 2015, and subdivision 9 as amended by section
4 of part A of chapter 577 of the laws of 2004, are amended to read as
follows:
2. One requiring: (a) the participant to pay for state costs, includ-
ing the recovery of state costs incurred before the effective date of
such agreement; provided, however, that such costs may be based on a
reasonable flat-fee for oversight, which shall reflect the projected
future state costs incurred in negotiating and overseeing implementation
of such agreement; [and]
(b) with respect to a brownfield site which: (I) the department has
determined constitutes a significant threat to the public health or
environment, OR (II) IS LOCATED ON AND/OR ADJACENT TO A SCHOOL OR DAY
CARE FACILITY, the department [may] SHALL include a provision requiring
the applicant to provide a technical assistance grant, as described in
subdivision four of section 27-1417 of this title and under the condi-
tions described therein, to an eligible party in accordance with proce-
dures established under such program, with the cost of such a grant
incurred by a volunteer serving as an offset against such state costs;
(C) WITH RESPECT TO ALL OTHER BROWNFIELD SITES THE DEPARTMENT MAY
INCLUDE A PROVISION REQUIRING THE APPLICANT TO PROVIDE A TECHNICAL
ASSISTANCE GRANT, AS DESCRIBED IN SUBDIVISION FOUR OF SECTION 27-1417 OF
THIS TITLE AND UNDER THE CONDITIONS DESCRIBED THEREIN, TO AN ELIGIBLE
PARTY IN ACCORDANCE WITH PROCEDURES ESTABLISHED UNDER SUCH PROGRAM, WITH
THE COST OF SUCH A GRANT INCURRED BY A VOLUNTEER SERVING AS AN OFFSET
AGAINST SUCH STATE COSTS;
9. One requiring the preparation and implementation of a [citizen]
COMMUNITY participation plan consistent with the requirements of this
title as soon as possible following execution of the agreement but no
later than prior to the preparation of a draft remedial investigation
plan by the applicant which shall include a description of [citizen]
COMMUNITY participation activities already performed by the applicant
and/or the department;
§ 3. Subparagraph (vi) of paragraph (i) of subdivision 3 of section
27-1415 of the environmental conservation law, as amended by section 7
of part A of chapter 577 of the laws of 2004, is amended to read as
follows:
(vi) Any written and oral comments submitted by members of the public
on the applicant's proposed use as part of [citizen] COMMUNITY partic-
ipation activities performed by the applicant pursuant to this title.
§ 4. Section 27-1417 of the environmental conservation law, as added
by section 1 of part A of chapter 1 of the laws of 2003, paragraphs (b),
(d), (e), (f), (g), (h), (i) of subdivision 3 and paragraph (a) of
subdivision 4 as amended by section 8 of part A of chapter 577 of the
laws of 2004, is amended to read as follows:
§ 27-1417. [Citizen] COMMUNITY participation.
1. [Citizen] COMMUNITY participation handbook. The commissioner shall
prepare a [citizen] COMMUNITY participation handbook for the purpose of
providing guidance to applicants in the design and implementation of
S. 3008--B 121
meaningful [citizen] COMMUNITY participation plans consistent with the
requirements of this section for the remediation of brownfield sites as
provided in this title. Such handbook shall encourage [citizen] COMMUNI-
TY involvement by outlining opportunities and recommended methods for
effective [citizen] COMMUNITY participation, INCLUDING THE AVAILABILITY
OF TECHNICAL ASSISTANCE GRANTS. The commissioner shall make such hand-
book available to all applicants and other interested members of the
public upon request and shall make it available on the department's
website.
2. [Citizen] COMMUNITY participation plans. (a) The design of any
[citizen] COMMUNITY participation plan, including the level of [citizen]
COMMUNITY involvement and the tools utilized, shall take into account
the scope and scale of the proposed remedial program, local interest and
history, and other relevant factors. While retaining flexibility, [citi-
zen] COMMUNITY participation plans shall embody the following principles
of meaningful [citizen] COMMUNITY participation:
(1) opportunities for [citizen] COMMUNITY involvement should be
provided as early as possible in the decision making process prior to
the selection of a preferred course of action by the department and/or
the applicant.
(2) activities proposed in such plan should be as reflective of the
diversity of interests and perspective found within the community as
possible, allowing the public the opportunity to have their views heard
and considered, which may include opportunities for two-way dialogue.
(3) full, timely, and accessible disclosure and sharing of information
by the department shall be provided, including the provision of techni-
cal data and the assumptions upon which the analyses are based.
(b) All [citizen] COMMUNITY participation plans shall include the
following minimum elements:
(1) identification of the interested public and preparation of a
brownfield site contact list;
(2) identification of major issues of public concern related to the
brownfield site;
(3) a description and schedule of public participation activities
required pursuant to this section; and
(4) a description and schedule of any additional public participation
activities needed to address public concerns.
3. [Citizen] COMMUNITY participation requirements. (a) In addition to
the formal milestones listed below, the public may provide comments at
any time during the remedial program.
(b) The person submitting a request for participation, in cooperation
with the department, shall provide a newspaper notice of the person's
request to participate in the program. The person, in cooperation with
the department, shall also provide notice thereof to the brownfield site
contact list. Such notice shall provide for a thirty day public comment
period following publication.
(c) Before the department finalizes the remedial investigation work-
plan, the applicant, in cooperation with the department, must notify
individuals on the brownfield site contact list. Such notice shall
include a fact sheet describing such plan and provide for a thirty day
public comment period.
(d) Before the department approves a proposed remedial investigation
report, the department, in consultation with the applicant, shall notify
individuals on the brownfield site contact list. Such notice shall
include a fact sheet describing such report.
S. 3008--B 122
(e) Upon the department's determination of significant threat pursuant
to section 27-1411 of this title, the department must provide notice to
individuals on the brownfield site contact list. Such notice shall
include a fact sheet describing the basis of the department's determi-
nation.
(f) Before the department finalizes a proposed remedial work plan or
makes a determination that site conditions meet the requirements of this
title without the necessity for remediation pursuant to section 27-1411
of this title, the department, in consultation with the applicant, must
notify individuals on the brownfield site contact list. Such notice
shall include a fact sheet describing such plan and provide for a
forty-five day public comment period. The commissioner shall hold a
public meeting if requested by the affected community and the commis-
sioner has found that the site constitutes a significant threat to the
public health or the environment. Further, the affected community may
request a public meeting at sites that do not constitute a significant
threat. (1) To the extent that the department has determined that site
conditions do not pose a significant threat and the site is being
addressed by a volunteer, the notice shall state that the department has
determined that no remediation is required for the off-site areas and
that the department's determination of a significant threat is subject
to this forty-five day comment period. (2) If the remedial work plan
includes a Track 2, Track 3 or Track 4 remedy at a non-significant
threat site, such comment period shall apply both to the approval of the
alternatives analysis by the department and the proposed remedy selected
by the applicant.
(g) Before the applicant commences construction at the brownfield
site, the applicant, in cooperation with the department, shall provide
notice to the individuals on the brownfield site contact list.
(h) Before the department approves a proposed final engineering
report, the department, in consultation with the applicant, must notify
individuals on such contact list. Such notice shall include a fact sheet
describing the brownfield site report, including any proposed institu-
tional or engineering controls.
(i) Within ten days of the issuance of a certificate of completion at
a site which will utilize institutional or engineering controls, the
applicant, in cooperation with the department, shall provide notice to
the brownfield site contact list. Such notice shall include a fact sheet
describing such controls.
4. Technical assistance grants. (a) Within the limits of appropri-
ations made available pursuant to paragraph [j] (J) of subdivision three
of section ninety-seven-b of the state finance law, the commissioner is
authorized to provide grants to THE NEW YORK CITY COMMUNITY BOARD, WHICH
SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION TWENTY-EIGHT HUNDRED
OF THE NEW YORK CITY CHARTER, IN WHICH THE SITE IS LOCATED OR TO any
not-for-profit corporation exempt from taxation under section 501(c)(3)
of the internal revenue code at any site determined to pose a signif-
icant threat by the department and which may be affected by a brownfield
site remedial program. To qualify to receive such assistance, a communi-
ty group must demonstrate that its membership represents the interests
of the community affected by such site. Furthermore, the commissioner is
authorized to direct any applicant who is a responsible party, as
defined in section 27-1313 of this article, to provide such grants. Such
grants shall be known as technical assistance grants and may be used to
obtain technical assistance in interpreting information with regard to
the nature of the hazard posed by contamination located AT or emanating
S. 3008--B 123
from a brownfield site or sites and the development and implementation
of a brownfield site remedial program or programs. Such grants may also
be used to hire health and safety experts to advise affected residents
on any health assessments and for the education of interested affected
community members to enable them to more effectively participate in the
remedy selection process. Grants awarded under this section may not be
used for the purposes of collecting field sampling data, political
activity or lobbying legislative bodies.
(b) The amount of any grant awarded under this section may not exceed
fifty thousand dollars at any one site.
(c) No matching contribution from the grant recipient shall be
required for a technical assistance grant. Following a grant award, a
portion of the grant shall be made available to the grant recipient, in
advance of the expenditures to be covered by the grant, in five thousand
dollar installments.
§ 5. This act shall take effect on the first of February next succeed-
ing the date upon which it shall have become a law and shall apply to
any applications received on or after such date.
PART HHH
Section 1. Subdivisions 1 and 2 of section 71-0211 of the environ-
mental conservation law, subdivision 1 as amended by chapter 60 of the
laws of 1993, subdivision 2 as amended by chapter 460 of the laws of
1991, are amended to read as follows:
1. Notwithstanding any other provisions of law to the contrary, all
fines and penalties collected pursuant to title nineteen of this arti-
cle, except amounts required to be paid into the conservation fund
pursuant to subdivision two of section 71-1929 of such title; title
twenty-one of this article; title twenty-seven of this article, except
amounts required to be paid into the hazardous waste remedial fund
pursuant to subdivision two of section 71-2725 of such title; and title
forty-one of this article shall be paid into the [general fund to the
credit of the state purposes account] CONSERVATION FUND TO THE CREDIT OF
THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION
(K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
2. Unless otherwise provided in this chapter, not later than the tenth
day of each month, all fines, penalties and forfeitures collected for
violations of this chapter or rules, regulations, local laws or ordi-
nances adopted thereunder under judgment of any town or village court,
shall be paid over by such court to the comptroller of the state, with a
statement accompanying the same, setting forth the action or proceeding
in which such moneys were collected, the name and residence of the
defendant, the nature of the offense, and the fines and penalty imposed.
The comptroller shall pay these funds into the [general fund of the
state] CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT
ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE
OF THE STATE FINANCE LAW.
§ 2. Section 83 of the state finance law is amended by adding a new
subdivision (k) to read as follows:
(K) ALL MONEYS, REVENUE, AND INTEREST THEREON RECEIVED AND COLLECTED
PURSUANT TO TITLES NINETEEN, TWENTY-ONE AND TWENTY-SEVEN OF ARTICLE
SEVENTY-ONE OF THE ENVIRONMENTAL CONSERVATION LAW, AND PURSUANT TO
SECTION 71-0211 OF THE ENVIRONMENTAL CONSERVATION LAW, OTHER THAN THOSE
AMOUNTS PRESCRIBED BY LAW TO BE DIRECTED INTO OTHER FUNDS, SHALL BE
DEPOSITED IN A SPECIAL ACCOUNT WITHIN THE CONSERVATION FUND TO BE KNOWN
S. 3008--B 124
AS THE CONSERVATION ENFORCEMENT ACCOUNT. ALL OF SUCH MONEYS, REVENUES
AND INTEREST SHALL BE AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, PURSUANT TO APPROPRIATION, EXCLUSIVELY FOR FUNDING THE
ENFORCEMENT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING FUNDING FOR
SCIENTISTS, ENVIRONMENTAL LAW ENFORCEMENT OFFICERS, ATTORNEYS, ADMINIS-
TRATIVE SUPPORT, AND SUCH OTHER EXPENSES THE COMMISSIONER DEEMS NECES-
SARY FOR SUCH ENFORCEMENT. SUCH MONEY SHALL BE USED TO SUPPLEMENT AND
NOT SUPPLANT FUNDING FOR THE ENFORCEMENT OF THE ENVIRONMENTAL CONSERVA-
TION LAW AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION. THE DEPARTMENT
SHALL ANNUALLY SUBMIT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE
MINORITY LEADER OF THE ASSEMBLY, FOLLOWING ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS SUBDIVISION, AN ANNUAL EXPENDITURE REPORT OF THE CONSERVA-
TION FUND.
§ 3. Subdivision 1 of section 71-0213 of the environmental conserva-
tion law, as added by section 1 of part DDD of chapter 59 of the laws of
2009, is amended to read as follows:
1. Whenever proceedings result in a conviction for an offense under
this chapter there shall be levied, in addition to any sentence required
or permitted by law, the following mandatory surcharges: (a) in the
amount of twenty-five dollars for violations of sportfishing regulations
set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] ONE
HUNDRED TWELVE DOLLARS AND FIFTY CENTS for all other offenses under this
chapter provided, however, that convictions for offenses under articles
seventeen, nineteen or twenty-seven of this chapter shall be subject to
a mandatory surcharge equal to the greater of [seventy-five dollars] ONE
HUNDRED TWELVE DOLLARS AND FIFTY CENTS or [six] NINE percent of any
penalty or fine imposed. The mandatory surcharge shall be paid to the
clerk of the court who shall remit such mandatory surcharge to the state
comptroller provided, however, that in cases where the conviction was
rendered by a town or a village justice court, the clerk of such court
shall pay twenty-five dollars of such surcharge to the chief fiscal
officer of the town or village in the case of surcharges resulting from
paragraph (b) of this subdivision and ten dollars in the case of
surcharges resulting from paragraph (a) of this subdivision and shall
pay the remaining amounts of such mandatory surcharges to the state
comptroller in the same manner as provided in section 71-0211 of this
article. The comptroller shall pay such monies into the state treasury
to the [credit of the general fund] CONSERVATION FUND TO THE CREDIT OF
THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION
(K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
§ 4. Section 71-0301 of the environmental conservation law, as amended
by chapter 400 of the laws of 1973, is amended to read as follows:
§ 71-0301. Summary abatement.
Notwithstanding any inconsistent provisions of law, whenever the
commissioner finds, after investigation, that any person is causing,
engaging in or maintaining a condition or activity which, in [his] THE
judgment OF THE COMMISSIONER, presents an imminent danger to the health
or welfare of the people of the state or results in or is likely to
result in irreversible or irreparable damage to natural resources, and
relates to the prevention and abatement powers of the commissioner and
it therefore appears to be prejudicial to the interests of the people of
the state to delay action until an opportunity for a hearing can be
provided, the commissioner may, without prior hearing, order such person
by notice, in writing wherever practicable or in such other form as in
the commissioner's judgment will reasonably notify such person whose
S. 3008--B 125
practices are intended to be proscribed, to discontinue, abate or alle-
viate such condition or activity, and thereupon such person shall imme-
diately discontinue, abate or alleviate such condition or activity. As
promptly as possible thereafter, not to exceed fifteen days, the commis-
sioner shall provide the person an opportunity to be heard and to pres-
ent proof that such condition or activity does not violate the
provisions of this section. The commissioner shall adopt any other
appropriate rules and regulations prescribing the procedure to be
followed in the issuance of such orders. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by this
section, or any rule, regulation or order promulgated by the commission-
er hereunder, shall be liable to a civil penalty of not more than [twen-
ty-five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars for each
such violation and an additional penalty of not more than [five] SEVEN
hundred FIFTY dollars for each day during which such violation contin-
ues, and, in addition thereto, such person may be enjoined from continu-
ing such violation. Penalties and injunctive relief provided herein
shall be recoverable in an action brought by the attorney general at the
request and in the name of the commissioner.
§ 5. Subdivisions 3 and 4 of section 71-0507 of the environmental
conservation law, subdivision 3 as amended by chapter 400 of the laws of
1973, are amended to read as follows:
3. Moneys received by a town justice or a village justice in any
action for a penalty brought under the provisions of this chapter listed
in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon
the settlement or compromise thereof, or a fine for a violation of the
provisions of this chapter listed in section 71-0501 and titles 5
through 15 inclusive and title 33 of this article shall be paid to the
State Comptroller as provided in section 27 of the Town Law and section
4-410 of the village law. From the moneys so received, the State Comp-
troller shall pay all lawful fees for services rendered in such actions
when instituted by order of the department or upon information of a
conservation officer, regional and assistant regional conservation offi-
cer, special game protector, district ranger, forest ranger, or member
of the state police. The balance of such moneys arising from penalties
under [articles] ARTICLE 11 or 13 [or title 9] of this [article] CHAPTER
or upon the settlement or compromise thereof or from fines for
violations of any of the provisions of [articles] ARTICLE 11 or 13 [or
title 9] of this [article] CHAPTER after the payment of lawful fees
shall be credited by the Comptroller to the conservation fund. The Comp-
troller shall adjust and settle [his] THEIR account with the conserva-
tion fund in the manner provided by section 99-a of the State Finance
Law. The balance of all other such moneys after payment of lawful fees
shall be credited by the Comptroller to the [general fund] CONSERVATION
FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED
PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE
LAW.
4. All moneys received by any other person or court in an action for a
penalty brought under the provisions of this chapter listed in section
71-0501 and titles 5 through 15 inclusive and title 33 of this article
or upon the settlement or compromise thereof, or a fine for a violation
of the provisions of this chapter listed in section 71-0501 and titles 5
through 15 inclusive and title 33 of this article, shall be paid by such
person or court to the department within thirty days after receipt ther-
eof. The department shall pay the expenses of collection and the lawful
fees of magistrates and constables for services performed in criminal
S. 3008--B 126
actions brought upon information of a conservation officer, regional and
assistant regional conservation officer, special game protector,
district ranger, forest ranger, or member of the state police. Such
moneys derived from fines or penalties for violations of [articles]
ARTICLE 11 or 13 [or title 9] of this [article] CHAPTER or from the
settlement or compromise thereof shall be paid by the department to the
Commissioner of Taxation and Finance and credited to the conservation
fund. All other moneys so received by the department shall be paid to
the Commissioner of Taxation and Finance and credited to the [general
fund] CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT
ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE
OF THE STATE FINANCE LAW.
§ 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ-
mental conservation law, subdivisions 1, 2 and 6 as amended by chapter
602 of the laws of 2003, subdivision 9 as added by chapter 267 of the
laws of 2012 and subdivision 10 as added by chapter 330 of the laws of
2014, are amended to read as follows:
1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this
section, any person who violates any provision of article 9 or the
rules, regulations or orders promulgated pursuant thereto or the terms
of any permit issued thereunder, or who fails to perform any duty
imposed by any provision thereof shall be guilty of a violation, and,
upon conviction, shall be punished by a fine of not more than [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars, or by imprisonment
for not more than fifteen days, or by both such fine and imprisonment,
and in addition thereto shall be liable to a civil penalty of not less
than ten nor more than one hundred FIFTY dollars.
2. The violation of any of the provisions of the following sections
shall subject the person guilty thereof to the following civil penalties
in addition to the liability prescribed in subdivision 1 of this
section:
a. Section 9-1113 of this chapter, [two] THREE dollars per tree;
b. Subdivision 3 of section 9-1105 of this chapter, [twenty-five]
THIRTY-SEVEN dollars AND FIFTY CENTS per day;
c. Subdivision 4 of section 9-1105 of this chapter, and subdivision 1
of section 9-1117 of this chapter, [ten] FIFTEEN dollars per mile per
day;
d. Section 9-1115 of this chapter, [ten] FIFTEEN dollars per mile;
e. Subdivision 2 of section 9-1117 of this chapter, one hundred FIFTY
dollars per each offense; and
f. Section 9-1119 of this chapter, one hundred FIFTY dollars per day
per locomotive.
With respect to the penalty for violation of subdivision 4 of section
9-1105 of this chapter, the owner and every person engaged in such
cutting shall be liable therefor; however, the liability for penalty
shall not arise until the expiration of twenty days after service,
personally or by mail upon the alleged violator at [his] THEIR last
known place of residence of a written notice of failure to comply with
the requirements of subdivision 4 of section 9-1105 of this chapter.
6. (a) In addition to any other penalty provided by law, any person
who violates subdivision 1 of section 9-0303 of this chapter shall be
liable to a civil penalty of [two hundred fifty] THREE HUNDRED SEVENTY-
FIVE dollars per tree or treble damages, based on the stumpage value of
such tree or both. Where the order or decision finds that the defendant
established by clear and convincing evidence, that when such defendant
committed the violation, [he or she] THEY had cause to believe that the
S. 3008--B 127
land was [his or her] THEIR own, or that [he or she] SUCH DEFENDANT had
an easement or right of way across such land which permitted such
action, damages shall be awarded on the basis of the stumpage value of
such tree or trees in the market as if they were privately owned.
Notwithstanding the foregoing, this section shall not be construed to
authorize the cutting of timber or removal of trees where such action
would otherwise be violative of any provision of the state constitution
or law.
(b) In addition to any other penalty provided by law, a person who
violates section 9-1501 of this chapter shall be liable for a civil
penalty of [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars per
tree or treble damages or both, based on the stumpage value of such tree
or trees. Where the order or decision finds that the defendant estab-
lished by clear and convincing evidence, that when such defendant
committed the violation, [he or she] THEY had cause to believe that the
land was [his or her] THEIR own or that [he or she] SUCH DEFENDANT had
an easement or right of way across such land which permitted such
action, damages shall be awarded on the basis of the stumpage value of
such tree or trees. Notwithstanding the foregoing, this section shall
not be construed to authorize the cutting of timber or removal of trees
where such action would otherwise be violative of any provision of the
state constitution or law.
(c) For purposes of this subdivision, "stumpage value" shall mean the
current fair market value of a tree as it stands prior to the time of
sale, cutting, or removal. Stumpage value shall be determined by one or
more of the following methods: the sale price of the tree in an arm's-
length sale, a review of solicited bids, the stumpage price report
prepared by the department of environmental conservation, comparison
with like sales on trees on state or private lands, or other appropriate
means to assure that a fair market value is established within an
acceptable range based on the appropriate geographic area.
9. a. Any person who transports, sells, imports or introduces invasive
species, in violation of the regulations promulgated pursuant to section
9-1709 of this chapter shall be subject to the following:
For any first violation in lieu of a penalty there may be issued a
written warning by the department and there may also be issued education
materials at the discretion of the department regarding requirements
related to invasive species. Such person shall, however, for any subse-
quent violation thereafter be subject to a fine of no less than [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars.
b. Any nursery grower licensed pursuant to article fourteen of the
agriculture and markets law, any person who owns or operates a public
vessel as such term is defined in paragraph (a) of subdivision six of
section two of the navigation law, or any person who owns or operates a
commercial fishing vessel who transports, sells, imports or introduces
invasive species in violation of the regulations promulgated pursuant to
section 9-1709 of this chapter, shall be subject to a fine of not less
than [six] NINE hundred dollars upon the first penalty. Upon the second
penalty such person shall be subject to a fine of not less than [two]
THREE thousand dollars. Upon a subsequent penalty and after a hearing or
opportunity to be heard upon due notice the following penalties may
apply: (i) such nursery grower may be subject to the revocation proce-
dures of section one hundred sixty-three-c of the agriculture and
markets law (ii) such person's vessel registration may be suspended or
(iii) such person's fishing permit may be revoked by the department.
S. 3008--B 128
10. Any person who violates section 9-1710 of this chapter shall be
guilty of a violation and shall be punishable and liable to a civil
penalty as provided in subdivision one of this section, provided, howev-
er, that for any first violation in lieu of a penalty there shall be
issued a written warning by the department and there shall also be
issued education materials at the discretion of the department regarding
requirements related to invasive species. Such person shall be subject
to a fine of up to [one hundred fifty] TWO HUNDRED SEVENTY-FIVE dollars
for a second offense, up to [two hundred fifty] THREE HUNDRED SEVENTY-
FIVE dollars for a third offense, and no less than [two hundred fifty]
THREE HUNDRED SEVENTY-FIVE dollars nor more than [one thousand] FIVE
HUNDRED dollars for a fourth or subsequent offense.
§ 7. Section 71-0707 of the environmental conservation law is amended
to read as follows:
§ 71-0707. Resisting or obstructing departmental agent or employee.
Any person who resists or obstructs an authorized agent or employee of
the department while [he] SUCH AGENT OR EMPLOYEE is engaged in carrying
out any provision of section 9-0305 shall be guilty of a violation which
shall be punishable by a fine not exceeding one hundred FIFTY dollars
and by an additional fine [of] not exceeding [twenty-five] THIRTY-SEVEN
dollars AND FIFTY CENTS for each additional day of such resistance or
obstruction.
§ 8. Section 71-0709 of the environmental conservation law, as amended
by chapter 640 of the laws of 1977, is amended to read as follows:
§ 71-0709. Injury to state lands.
Any person who intentionally or negligently causes a fire which burns
on or over state lands shall be liable to the state for treble damages
and, in addition, to a civil penalty of [ten] FIFTEEN dollars for every
tree killed or destroyed by such fire. Damages to state lands and timber
shall be ascertained and determined at the same rate of value as if such
property were privately owned.
§ 9. Section 71-0711 of the environmental conservation law, as amended
by chapter 640 of the laws of 1977, is amended to read as follows:
§ 71-0711. Injury to municipal or private lands.
Any person who causes a fire which burns on or over lands belonging to
another person or to a municipality shall be liable to the party injured
(a) for actual damages in case of fire negligently caused or (b) for the
higher of actual damages or damages at the rate of [five] SEVEN dollars
AND FIFTY CENTS for each tree killed or destroyed in case of fire
wilfully caused.
§ 10. Section 71-0921 of the environmental conservation law, as added
by chapter 640 of the laws of 1977, subdivision 1 as amended by chapter
408 of the laws of 2017, subdivision 2 as amended by chapter 468 of the
laws of 2011, subdivision 3 as amended by chapter 270 of the laws of
1997, subdivisions 4 and 5 as added by chapter 417 of the laws of 1996,
subparagraph 9 of paragraph a of subdivision 4 and subparagraph 5 of
paragraph a of subdivision 5 as amended by chapter 41 of the laws of
2013, subparagraphs 2 and 3 of paragraph b of subdivision 4 as amended
by chapter 347 of the laws of 2007, subdivisions 6 and 7 as amended by
chapter 416 of the laws of 1989, subdivision 8 as amended by section 19
of part R of chapter 58 of the laws of 2013, subdivision 10 as added by
chapter 31 of the laws of 1980, subdivision 10-a as added by chapter 762
of the laws of 2023, subdivision 11 as added by chapter 168 of the laws
of 1989, subdivision 12 as added by chapter 143 of the laws of 1992,
subdivision 13 as added by chapter 208 of the laws of 1999, subdivision
S. 3008--B 129
14 as added by chapter 532 of the laws of 2019, is amended to read as
follows:
§ 71-0921. Misdemeanors.
The following acts are misdemeanors, punishable as herein provided,
when they are done in violation of the section or subdivision thereof
specified, or if no section is specified, in violation of any section of
the Fish and Wildlife Law:
1. (a) The illegal taking of big game prior to the first day of the
open season or after the last day of the open season in the county or
part thereof where taken, or the taking of big game with aid of an arti-
ficial light. Each such misdemeanor for a violation of this paragraph
shall be punishable by imprisonment for not more than one year or by a
fine of not less than [five hundred] SEVEN HUNDRED FIFTY dollars nor
more than [three thousand] FOUR THOUSAND FIVE HUNDRED dollars, or by
both such imprisonment and fine.
(b) Any illegal taking of a deer, other than a taking described in
paragraph (a) of this subdivision, such misdemeanor shall be punishable
by imprisonment for not more than one year or by a fine of not less than
[two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars nor more than
[two] THREE thousand dollars, or by both such imprisonment and fine.
2. The illegal taking of a bear less than one year old or the taking
of a bear by a means or method not permitted by this chapter. Such
misdemeanor shall be punishable by imprisonment for not more than one
year or by a fine of not more than [two] THREE thousand dollars, or by
both such imprisonment and fine. The sale of bear gallbladder/bile in
violation of paragraph b of subdivision nine of section 11-0917 of this
chapter shall be punishable by a fine of [five thousand] SEVEN THOUSAND
FIVE HUNDRED dollars per violation.
3. Possession, use or discharge of a firearm in violation of subdivi-
sion 1, 2, 4, 5, or 6 of section 11-0931 of this chapter. Each such
misdemeanor shall be punishable by imprisonment for not more than three
months or by a fine of not less than [two] THREE hundred dollars nor
more than one thousand FIVE HUNDRED dollars, or by both such imprison-
ment and fine.
4. a. Violations of:
(1) subdivision one of section 13-0309 of this chapter involving the
taking of shellfish from uncertified shellfish lands, or the possession,
transportation, sale or trafficking in shellfish so taken;
(2) subdivision two of section 13-0309 of this chapter involving the
taking of shellfish between sunset and sunrise;
(3) subdivision ten of section 13-0309 of this chapter involving the
possession of a stick dredge after one prior conviction under such
subdivision for such activity;
(4) subdivision one of section 13-0311 of this chapter involving the
taking of shellfish without the required digger's permit;
(5) subdivision seven of section 13-0311 of this chapter involving the
taking of shellfish while one's digger's permit is suspended or revoked;
(6) subdivision one of section 13-0315 of this chapter involving the
processing, transportation, shipment or sale of shellfish without the
required shipper's or processor's permit;
(7) regulations promulgated by the department pursuant to section
13-0319 of this chapter involving the failure to tag or seal shellfish
or the falsifying of any information required on any tag or seal
required by said regulations;
S. 3008--B 130
(8) subdivision five of section 13-0325 of this chapter, regarding the
taking of undersized clams, where the taking involves more than twenty-
four percentum of clams of less than legal size;
(9) regulations promulgated by the department pursuant to section
13-0327 of this chapter, regarding the taking of undersized scallops,
where the taking involves more than twenty-four percentum of scallops of
less than legal size; and
(10) section 13-0344 of this chapter involving the dumping of objects
into the water after being signaled by a police officer or peace officer
to stop for inspection.
b. Each such misdemeanor identified in paragraph a of this subdivision
shall be punishable as follows:
(1) For a first conviction for any of the violations listed in para-
graph a of this subdivision, by imprisonment for not more than sixty
days, a fine of not less than [two hundred fifty] THREE HUNDRED SEVEN-
TY-FIVE dollars nor more than one thousand FIVE HUNDRED dollars plus, if
applicable, an amount equal to the market value of the shellfish
involved in the violation, or by both such imprisonment and fine.
(2) For a second conviction for any of the violations listed in para-
graph a of this subdivision, by imprisonment for not more than ninety
days, a fine of not less than [five hundred] SEVEN HUNDRED FIFTY dollars
nor more than [twenty-five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars plus, if applicable, an amount equal to three times the market
value of the shellfish involved in the violation, or by both such impri-
sonment and fine.
(3) For a third or subsequent conviction for any of the violations
listed in paragraph a of this subdivision, by imprisonment for not more
than one hundred eighty days, a fine of not less than one thousand FIVE
HUNDRED dollars nor more than [ten] FIFTEEN thousand dollars plus, if
applicable, an amount equal to three times the market value of the
shellfish involved in the violation, or by both such imprisonment and
fine.
(4) Provided, further, that all equipment or conveyances used to
harvest, transport or traffic in such illegal shellfish may be forfeited
for any third or subsequent conviction of the above violations, in addi-
tion to such penalties or imprisonment. Such forfeiture shall be in
addition to any forfeiture authorized by section 71-0909 of this arti-
cle.
5. a. Violations of:
(1) subdivision three of section 13-0309 of this chapter involving the
illegal use of dredges, scrapes or other devices operated by power or by
boats propelled by motor or other mechanical means for the purpose of
taking shellfish;
(2) subdivision eight of section 13-0309 of this chapter involving the
operation, use or placing, for whatever purpose, of dredges, rakes,
tongs or other devices for the taking of shellfish in uncertified
shellfish lands after a prior conviction under such subdivision for such
activity;
(3) subdivision nine of section 13-0309 of this chapter involving the
altering, damaging, mutilating, moving or carrying away of buoys or
markers used to designate the uncertified waters of the state;
(4) subdivision five of section 13-0325 of this chapter regarding the
taking of undersized clams, where the taking involves between ten and
twenty-four percentum of clams of less than legal size; and
(5) regulations promulgated by the department pursuant to section
13-0327 of this chapter, regarding the taking of undersized scallops,
S. 3008--B 131
where the taking involves between ten and twenty-four percentum of scal-
lops of less than legal size.
b. Each such misdemeanor identified in paragraph a of this subdivision
shall be punishable as follows:
(1) For a first conviction of any of the violations listed in para-
graph a of this subdivision, by imprisonment for not more than thirty
days, a fine of not less than [two hundred fifty] THREE HUNDRED SEVEN-
TY-FIVE dollars nor more than [five hundred] SEVEN HUNDRED FIFTY dollars
plus, if applicable, an amount equal to the market value of the shellf-
ish involved in the violation, or by both such imprisonment and fine.
(2) For a second conviction for any of the violations listed in para-
graph a of this subdivision, by imprisonment not to exceed sixty days, a
fine of not less than [five hundred] SEVEN HUNDRED FIFTY dollars nor
more than one thousand FIVE HUNDRED dollars plus, if applicable, an
amount equal to the market value of the shellfish involved in the
violation, or by both such imprisonment and fine.
(3) For a third or subsequent conviction for any of the violations
listed in paragraph a of this subdivision, by imprisonment for not more
than one hundred eighty days, a fine of not less than one thousand FIVE
HUNDRED dollars nor more than [five thousand] SEVEN THOUSAND FIVE
HUNDRED dollars plus, if applicable, an amount equal to the market value
of the shellfish involved in the violation, or by both such imprisonment
and fine.
6. Violations of paragraph b of subdivision 3 or subdivision 5 or 12
of section 13-0329 of this chapter. Each such misdemeanor shall be
punishable by imprisonment for not more than one year or by a fine of
not less than [five hundred] SEVEN HUNDRED FIFTY dollars nor more than
[two] THREE thousand dollars, or by both such imprisonment and fine.
7. Violations of subdivision 7 or 11 of section 13-0329 of this chap-
ter. Each such misdemeanor shall be punishable by imprisonment for not
more than ninety days or by a fine of not less than [five hundred] SEVEN
HUNDRED FIFTY dollars nor more than one thousand FIVE HUNDRED dollars,
or by both such imprisonment and fine.
8. Making a false statement in applying for a license, privilege or
permit under the Fish and Wildlife Law, or for a certificate in lieu of
a lost license or privilege or a duplicate hunting license tag under
title 7 of article 11 of this chapter. Each such misdemeanor shall be
punishable by imprisonment for not more than three months, or by a fine
of not more than [two] THREE hundred dollars, or by both such imprison-
ment and fine. In addition, the department may immediately revoke the
license, privilege, permit or certificate for which application was made
for the remainder of its effective term.
9. Failure to give the department the prompt notification required
under [subdivision 10 of] REGULATIONS PROMULGATED PURSUANT TO section
13-0301 of this chapter, when the specified buoys or markers are
destroyed. Each such misdemeanor shall be punishable by imprisonment for
not more than one year or by a fine of not more than one thousand FIVE
HUNDRED dollars, or by both such imprisonment and fine.
10. Violation of subdivision 10 of section 11-0901 involving the ille-
gal taking of a moose. Each such misdemeanor shall be punishable by
imprisonment for not more than one year or by a fine of not more than
[two] THREE thousand dollars, or by both such imprisonment and fine.
10-a. Violations of subdivision fourteen of section 11-0901 of this
chapter involving unlawful contests, competitions, tournaments and
derbys to take wildlife. Each such violation shall be punishable by a
S. 3008--B 132
fine of not less than [five hundred] SEVEN HUNDRED FIFTY dollars nor
more than [two] THREE thousand dollars.
11. Any person who violates the provisions of section 11-0537 of this
chapter, in the case of a first violation, shall be guilty of a class B
misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars or by
imprisonment not to exceed ninety days, or both; provided that in the
case of a second or subsequent violation such person shall be guilty of
a class A misdemeanor and, upon conviction thereof, shall be punished by
a fine not to exceed [ten] FIFTEEN thousand dollars or imprisonment not
to exceed one year, or both; provided, further, that the commission of
each taking or other act prohibited by section 11-0537 of this chapter
with respect to a bald or golden eagle shall constitute a separate
violation of this section; provided, further, that one-half of any such
fine, but not to exceed [two thousand five hundred] THREE THOUSAND SEVEN
HUNDRED FIFTY dollars, shall be paid to the person or persons giving
information which leads to conviction.
12. Any violation of section 13-0344 of this chapter is punishable by
imprisonment for not more than thirty days, or by a fine of not less
than [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars nor more
than one thousand FIVE HUNDRED dollars, or by both such fine and impri-
sonment.
13. Violations of subdivision one or two of section 11-1904 of this
chapter. Each such misdemeanor shall be punishable by a fine of not more
than [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars, or by imprisonment for not more than one year, or by both such
fine and imprisonment; except that where the person convicted of violat-
ing such subdivision has gained money or property through the commission
of the violation, in lieu of the [two thousand five hundred] THREE THOU-
SAND SEVEN HUNDRED FIFTY dollar maximum fine provided for herein, the
court may impose a fine in accordance with the provisions of subdivision
five of section 80.05 of the penal law.
14. Violation of subparagraph one, two or four of paragraph b of
subdivision one of section 11-0719 of this chapter involving the revoca-
tion and suspension of hunting, trapping, or fishing licenses. Each
such misdemeanor shall be punishable by imprisonment for not more than
ninety days, or by a fine of not less than [five hundred] SEVEN HUNDRED
FIFTY dollars nor more than one thousand FIVE HUNDRED dollars, or by
both such imprisonment and fine.
§ 11. Section 71-0923 of the environmental conservation law, as added
by chapter 640 of the laws of 1977, subdivision 1 as amended and subdi-
vision 6 as added by chapter 417 of the laws of 1996, subdivision 3 as
amended by section 53 of part F of chapter 82 of the laws of 2002,
subdivision 5 as added by chapter 896 of the laws of 1980, subdivision 8
as amended by chapter 284 of the laws of 2004, subdivision 9 as added by
chapter 881 of the laws of 1986 and as renumbered by chapter 586 of the
laws of 1991, subdivision 10 as added by chapter 586 of the laws of
1991, subdivision 11 as added by chapter 381 of the laws of 1997, subdi-
vision 12 as added by chapter 653 of the laws of 2005, is amended to
read as follows:
§ 71-0923. Violations.
1. Any offense specified in section 71-0919 of this article, unless
made a misdemeanor by section 71-0921 of this article or another
provision of such chapter, shall be a violation, punishable, except as
otherwise provided in this section, by imprisonment for not more than
S. 3008--B 133
fifteen days, or by a fine of not more than [two hundred fifty] THREE
HUNDRED SEVENTY-FIVE dollars, or by both such fine and imprisonment.
2. A violation of subdivision 1 of section 11-0705 of this chapter
shall be punishable as follows:
a. As provided in subdivision 1 of this section, if the violation
consisted of a refusal to exhibit a license on demand of any environ-
mental conservation officer or other person;
b. By forfeiture of the license and by a fine of not more than [twen-
ty-five dollars] THIRTY-SEVEN DOLLARS AND FIFTY CENTS if the violation
was committed while exercising the privileges of a special antlerless
deer license and consisted of failure of the offender to have on [his]
THEIR person a license held by [him] SUCH PERSON entitling [him] SUCH
PERSON to exercise those privileges.
3. A violation of subdivision 2 of section 11-0705 of this chapter
shall be punishable by forfeiture of licenses and tags issued pursuant
to this chapter which authorizes the holder to hunt wildlife and by a
fine of not more than [twenty-five dollars] THIRTY-SEVEN DOLLARS AND
FIFTY CENTS.
4. When a license or license tag is forfeited as provided in this
section, the licensee shall surrender it to any environmental conserva-
tion officer, special game protector or any other person authorized by
the department to receive it. Such forfeiture does not prevent the
procurement of another license.
5. A violation of subdivision one of section 11-0923 OF THIS CHAPTER
is punishable by imprisonment for not more than ten days, or by a fine
of not less than [two] THREE hundred dollars, or by both such fine and
imprisonment.
6. A first conviction for a violation of subdivision eight of section
13-0309 of this chapter, involving devices for taking shellfish in
uncertified lands, or a violation of subdivision ten of section 13-0309
of this chapter, involving possession of a stick dredge, shall be
punishable as a violation under this section.
8. Any violation of sections 13-0329, 13-0330, 13-0331, 13-0333,
13-0334, 13-0335, subdivision one of section 13-0337, 13-0338, 13-0339,
13-0339-a, 13-0340, 13-0340-a through 13-0340-g, 13-0341, 13-0342,
13-0343, 13-0347, and 13-0349 of this chapter, or of any regulation
adopted pursuant to the foregoing sections, shall be punishable by
imprisonment of not more than fifteen days or by a fine of the greater
of [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars or:
a. for violations involving one to five fish, shellfish or crustace-
ans, [twenty-five dollars] THIRTY-SEVEN DOLLARS AND FIFTY CENTS for each
fish, shellfish or crustacean taken or possessed in violation of the
above sections;
b. for violations involving six to twenty-five fish, shellfish or
crustaceans, [fifty] SEVENTY-FIVE dollars for each fish, shellfish or
crustacean taken or possessed in violation of the above sections;
c. for violations involving more than twenty-five fish, shellfish or
crustaceans, one hundred FIFTY dollars for each fish, shellfish or crus-
tacean taken or possessed in violation of the above sections; or by both
such fine and imprisonment.
For purposes of determining the applicable fine pursuant to this
subdivision, the number of fish, crustaceans or shellfish shall be the
aggregate number involved in the violation, regardless of species.
9. A violation of section 11-0110 of this chapter is punishable by
imprisonment for not more than ten days, or by a fine of not more than
S. 3008--B 134
[two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars, or by both such
fine and imprisonment.
10. A violation of subdivision twelve of section 11-1101 of this chap-
ter is punishable by imprisonment of not more than ten days, or by a
fine of not more than one hundred FIFTY dollars, or by both such fine
and imprisonment.
11. A violation of subdivision eight of section 11-0505 of this chap-
ter shall be punishable by a fine of not more than [fifty] SEVENTY-FIVE
dollars.
12. A violation of section 11-1906 of this chapter shall be punishable
by a fine of not more than [two thousand five hundred] THREE THOUSAND
SEVEN HUNDRED FIFTY dollars.
§ 12. Subdivisions 1 and 2 of section 71-0924 of the environmental
conservation law, as amended by chapter 326 of the laws of 2014, are
amended to read as follows:
1. where the value of fish, shellfish, crustaceans, wildlife, or parts
thereof, is two hundred fifty dollars or less, the offense shall be a
violation punishable by a fine of [five hundred] SEVEN HUNDRED FIFTY
dollars and/or not more than fifteen days of imprisonment;
2. where the value of fish, shellfish, crustaceans, wildlife, or parts
thereof, is more than two hundred fifty dollars but does not exceed one
thousand five hundred dollars, the offense shall be a misdemeanor
punishable by a fine of [five thousand] SEVEN THOUSAND FIVE HUNDRED
dollars and/or not more than one year of imprisonment;
§ 13. Section 71-0925 of the environmental conservation law, subdivi-
sions 1 and 2 as amended by chapter 98 of the laws of 1996, subdivision
3 as amended by chapter 408 of the laws of 2017, subdivision 6 as
amended by chapter 570 of the laws of 1994, subdivisions 7 and 7-a as
amended and subdivisions 7-b and 7-c as renumbered by chapter 284 of the
laws of 2004, subdivision 7-b as added by chapter 441 of the laws of
1977, subdivision 7-c as added by chapter 60 of the laws of 1997, subdi-
vision 13 as amended by chapter 352 of the laws of 2021, subdivision 14
as added by chapter 113 of the laws of 1985, subdivision 15 as added by
chapter 417 of the laws of 2013, subdivision 16 as added by chapter 326
of the laws of 2014, subdivision 17 as added by chapter 651 of the laws
of 2019, is amended to read as follows:
§ 71-0925. Civil penalties.
The penalties referred to in section 71-0919 OF THIS TITLE, to which a
person is liable upon violation of provisions of the Fish and Wildlife
Law or any order, rule or regulation of the department, shall be:
1. Unless another penalty is specifically provided for in this subdi-
vision or elsewhere in the Fish and Wildlife Law, [two] THREE hundred
dollars and an additional penalty of one hundred FIFTY dollars for each
fish, bird or animal or part thereof, other than shellfish or crustacea,
involved in the violation; an additional penalty of one hundred FIFTY
dollars for each bushel of shellfish or each crustacean, including
lobster, or part thereof, plus an amount equal to the market value or
actual price paid, whichever is greater, of the shellfish or crustacea
involved in the violation;
2. Except as provided in subdivision 3 OF THIS SECTION or another
provision of the Fish and Wildlife Law, if the violation relates to
deer, bear, elk, except captive bred and raised North American elk
(Cervus elaphus), moose, caribou, antelope, wild turkey, lynx, beaver,
or a part thereof, [two] THREE hundred dollars, and an additional penal-
ty of two hundred dollars for each such animal or part thereof involved
in the violation;
S. 3008--B 135
3. (a) If the violation involves the illegal taking of a deer prior to
the first day of the open season or after the last day of the open
season in the county or part of a county in which taken, or the taking
of deer with aid of an artificial light, not less than five hundred
dollars and not more than one thousand dollars for the first deer taken
and a further penalty of not less than [five hundred] dollars and not
more than one thousand FIVE HUNDRED dollars for each succeeding deer
taken; provided, however, that any person having been held liable for a
violation pursuant to this paragraph in the preceding five years shall
be subject to a fine of not less than [seven hundred fifty] ONE THOUSAND
ONE HUNDRED TWENTY-FIVE dollars and not more than [two] THREE thousand
dollars for the first deer taken and a further penalty of not less than
[seven hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars and
not more than [two] THREE thousand dollars for each succeeding deer
taken;
(b) If the violation involves any illegal taking of a wild deer, other
than a taking described in paragraph (a) of this subdivision, [five
hundred] SEVEN HUNDRED FIFTY dollars for the first deer taken and a
further penalty of [five hundred] SEVEN HUNDRED FIFTY dollars for each
succeeding deer taken;
4. If the violation was an act prohibited by section 11-1321 OF THIS
CHAPTER or by subdivision 2 of section 11-0503 OF THIS CHAPTER, or by
subdivision 2 of section 11-0505 OF THIS CHAPTER, or section 13-0345 OF
THIS CHAPTER, [five hundred] SEVEN HUNDRED FIFTY dollars, and an addi-
tional penalty of [ten] FIFTEEN dollars for each fish taken, killed or
possessed in violation thereof;
5. If the violation was any act prohibited by subdivision 1 of section
11-0503 OF THIS CHAPTER, not less than [five hundred] SEVEN HUNDRED
FIFTY dollars nor more than one thousand FIVE HUNDRED dollars for each
offense and an additional penalty of [ten] FIFTEEN dollars for each fish
killed in violation thereof;
6. If the violation was a violation of paragraph b of subdivision 4 of
section 11-0321 OF THIS CHAPTER, a violation of subdivision 1 of section
11-2113 OF THIS CHAPTER, or a violation of section 11-2115 OF THIS CHAP-
TER, not less than [twenty-five dollars] THIRTY-SEVEN DOLLARS AND FIFTY
CENTS nor more than one hundred FIFTY dollars; and in addition, as
determined by the court, to either actual damages or the sum of [ten]
FIFTEEN dollars for each sign injured, defaced or removed in violation
of section 11-2113 OF THIS CHAPTER, which shall be payable to the
person sustaining the damage, injury, defacement or removal of such
sign, and costs of suit, all of which may be recovered in the same
action;
7. If the violation was a violation of sections 13-0329, 13-0330,
13-0331, 13-0333, 13-0334, 13-0335, subdivision one of section 13-0337,
13-0338, 13-0339, 13-0339-a, 13-0340, 13-0340-a through 13-0340-g,
13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chapter, or of
any regulation adopted pursuant to the foregoing sections, the greater
of [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars or:
a. for violations involving one to five fish, shellfish or crustace-
ans, [twenty-five dollars] THIRTY-SEVEN DOLLARS AND FIFTY CENTS for each
fish, shellfish or crustacean taken or possessed in violation of the
above sections;
b. for violations involving six to twenty-five fish, shellfish or
crustaceans, [fifty] SEVENTY-FIVE dollars for each fish, shellfish or
crustacean taken or possessed in violation of the above sections;
S. 3008--B 136
c. for violations involving more than twenty-five fish, shellfish or
crustaceans, one hundred FIFTY dollars for each fish, shellfish or crus-
tacean taken or possessed in violation of the above sections.
For purposes of determining the applicable fine pursuant to this
subdivision, the number of fish, crustaceans or shellfish shall be the
aggregate number involved in the violation, regardless of species;
7-a. If the violation was a violation of subdivision 1 or 2 of section
13-0309, or section 13-0323 or 13-0327, or section 13-0344 OF THIS CHAP-
TER, not less than [two hundred fifty] THREE HUNDRED SEVENTY-FIVE
dollars nor more than one thousand FIVE HUNDRED dollars for each
offense;
7-b. If the violation was a violation of subdivision one or two of
section 13-0325 of this chapter there shall be a minimum penalty of
twenty-five dollars and a maximum of [two hundred fifty] THREE HUNDRED
SEVENTY-FIVE dollars per container or bushel involved in the violation.
7-c. If the violation was a violation of subdivision 4 or 5 of section
13-0333 OF THIS CHAPTER, not less than [two thousand five hundred] THREE
THOUSAND SEVEN HUNDRED FIFTY dollars nor more than [ten] FIFTEEN thou-
sand dollars for each offense;
8. If a violation of subdivisions 1 or 2 of section 13-0309 OF THIS
CHAPTER occurs during the time when a permit or license to take shellf-
ish has been suspended or revoked pursuant to the provisions of subdivi-
sion 3 of section 13-0311 or subparagraph (3) of paragraph b of subdivi-
sion 1 of section 11-0719 OF THIS CHAPTER, not less than five hundred
dollars nor more than [fifteen hundred] TWO THOUSAND TWO HUNDRED FIFTY
dollars for each offense, and in addition the forfeiture to the state of
the tongs, rakes, dredges or devices other than boats used by or in
connection with such illegal taking;
9. If the violation was a failure by any public officer to perform any
duty imposed by the Fish and Wildlife Law or by any rule or regulation
of the department, one hundred FIFTY dollars;
10. If the violation was an act prohibited by section 11-2117 OF THIS
CHAPTER, one hundred FIFTY dollars, one-half of which shall be payable
to the owner or occupant of the damaged property, in addition to the
actual damages, if any, recoverable by the person sustaining the damage;
11. If the violation involved the illegal taking or possessing of
muskrats taken from a registered muskrat marsh covered by a permit under
section 11-1109 OF THIS CHAPTER, when the violation is committed by the
registrant holding the permit or other person designated in writing to
trap on the marsh of such registrant, while the permit is in force, not
less than one hundred FIFTY dollars nor more than [five hundred] SEVEN
HUNDRED FIFTY dollars;
12. If the violation was a violation of section 11-1731 OF THIS CHAP-
TER; relating to bird plumage for fish-fly tying, [five hundred] SEVEN
HUNDRED FIFTY dollars.
13. If the violation was an act prohibited by subdivision two of
section 11-0535 or by section 11-0536 of this chapter, or by any lawful
rule or regulation of the department promulgated pursuant thereto, not
more than [four] SIX thousand dollars, and an additional penalty of not
more than [seven hundred] ONE THOUSAND FIFTY dollars for each fish,
shellfish, crustacea, wildlife or part thereof involved in the
violation. If the violation was an act prohibited by any regulation of
the department promulgated pursuant to subdivision three of section
11-0535 of this chapter, then such penalty shall be not more than two
thousand dollars, and an additional penalty of not more than four
S. 3008--B 137
hundred dollars for each fish, shellfish, crustacea, wildlife or part
thereof involved in the violation.
14. If the violation was a violation of subdivision ten of section
11-0901 OF THIS CHAPTER involving the illegal taking of a moose, [two]
THREE thousand dollars.
15. If the violation was a first or second violation of section
11-0514 of this chapter, a fine of up to [five hundred] SEVEN HUNDRED
FIFTY dollars for each animal for each act of importation, possession,
introduction, sale, offer for sale, distribution, transportation or
otherwise marketing or trading. For a third or subsequent separate
violation of section 11-0514 of this chapter, the greater of a. a fine
of one thousand FIVE HUNDRED dollars for each animal for each act of
importation, breeding, possession, introduction, sale, offer for sale,
distribution, transportation or otherwise marketing or trading or b. an
amount equal to three times (1) the financial security provided by
customers for the opportunity to take the animal or (2) the value of a
boar for meat production or as breeding stock.
16. If the violation was an act prohibited by section 11-0535-a of
this chapter, not more than [three thousand] FOUR THOUSAND FIVE HUNDRED
dollars or not more than two times the value of the article involved,
whichever is greater. If the violation is a second or subsequent
violation of such section 11-0535-a, not more than [six] NINE thousand
dollars or not more than three times the value of the article involved,
whichever is greater.
17. If the violation was an act prohibited by section 11-0535-b of
this chapter, not more than one thousand FIVE HUNDRED dollars or not
more than two times the value of the article involved, whichever is
greater. If the violation is a second or subsequent violation of such
section 11-0535-b, not more than [two] THREE thousand dollars or not
more than three times the value of the article involved, whichever is
greater.
§ 14. Section 71-1105 of the environmental conservation law, as
amended by chapter 99 of the laws of 2010, is amended to read as
follows:
§ 71-1105. Enforcement of subdivision 4 of section 15-0313.
Any violation of subdivision 4 of section 15-0313 shall be a
violation, punishable by a fine of not more than [one thousand eight]
TWO THOUSAND SEVEN hundred dollars, and in addition thereto, by a civil
penalty of not more than [one thousand eight] TWO THOUSAND SEVEN hundred
dollars.
§ 15. Section 71-1107 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1107. Punishment for violations of title 5 of article 15.
1. A violation of section 15-0501, 15-0503 or 15-0505, shall consti-
tute a misdemeanor, punishable by a fine of not to exceed [ten] FIFTEEN
thousand dollars, or by imprisonment not to exceed one year or by both
such fine and imprisonment and, in addition thereto, by a civil penalty
of not more than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
2. A subcontractor, employee or agent of such person or public corpo-
ration, or of a state department who knowingly and intentionally acts,
or a prime contractor of such person, public corporation or state
department who acts with or without an intention to violate the
provisions of title 5 of article 15, in disregard of specifications
provided in a construction contract protecting against stream damage,
shall be guilty of a violation punishable by a fine of not less than
S. 3008--B 138
[twenty-five] THIRTY-SEVEN dollars AND FIFTY CENTS, nor more than [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars, or by imprisonment
for not more than fifteen days, or by both such fine and imprisonment,
and, in addition, thereto, by a civil penalty of not more than [five
thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
§ 16. Section 71-1109 of the environmental conservation law, as
amended by chapter 364 of the laws of 1999, is amended to read as
follows:
§ 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507.
1. Any owner violating subdivision 1 of section 15-0507 or any regu-
lations promulgated pursuant thereto may be liable for a penalty not to
exceed [five] SEVEN hundred FIFTY dollars for each and every offense;
every violation of such subdivision shall be a separate and distinct
offense; and in case of a continuing violation, every day's continuance
thereof shall be deemed a separate and distinct offense.
2. Any owner violating subdivision 4 of section 15-0507 may be liable
for a penalty not to exceed [five thousand] SEVEN THOUSAND FIVE HUNDRED
dollars for each and every offense; every violation of an order referred
to in such subdivision shall be a separate and distinct offense; and in
case of a continuing violation, every day's continuance thereof shall be
deemed a separate and distinct offense.
§ 17. Section 71-1111 of the environmental conservation law, as
amended by chapter 364 of the laws of 1999, is amended to read as
follows:
§ 71-1111. Enforcement of subdivision 3 of section 15-0511.
Any person or local public corporation violating subdivision 3 of
section 15-0511 may be liable for a penalty not to exceed [five thou-
sand] SEVEN THOUSAND FIVE HUNDRED dollars for each and every offense;
every violation of an order referred to in such subdivision shall be a
separate and distinct offense; and in case of a continuing violation,
every day's continuance thereof shall be deemed a separate and distinct
offense.
§ 18. Subdivision 2 of section 71-1113 of the environmental conserva-
tion law, as added by chapter 356 of the laws of 1985, is amended to
read as follows:
2. Any person who violates the provisions of section 15-1506 of this
chapter or the rules, regulations, orders or determinations of the
commissioner promulgated thereto or the terms of any permit issued ther-
eunder, shall be liable for a civil penalty not less than [twenty-five]
THREE THOUSAND SEVEN hundred FIFTY dollars nor more than [ten] FIFTEEN
thousand dollars per day of such violation.
§ 19. Section 71-1115 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1115. Enforcement of section 15-1525.
Any person violating the provisions of section 15-1525 shall be guilty
of a violation punishable by a fine of not more than one thousand FIVE
HUNDRED dollars, and in addition thereto, shall be liable for a civil
penalty of not more than [fifteen hundred] TWO THOUSAND TWO HUNDRED
FIFTY dollars.
§ 20. Subdivisions 1 and 2 of section 71-1117 of the environmental
conservation law, as amended by chapter 640 of the laws of 1977, are
amended to read as follows:
1. Any person or public corporation violating subdivision 1 of section
15-1745, shall be guilty of a violation punishable by a fine of not more
than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
S. 3008--B 139
2. In addition, the department may, in an action instituted by it in
any court of competent jurisdiction, recover from any such person or
public corporation the sum of [one hundred fifty] TWO HUNDRED TWENTY-
FIVE dollars per day for each day that such person or public corporation
continues to take, draw, divert or make use of any part or portion of
such waters.
§ 21. Section 71-1121 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1121. Enforcement of subdivision 2 of section 15-1947.
Violation of subdivision 2 of section 15-1947 shall constitute a
violation, punishable by a fine of not more than one thousand FIVE
HUNDRED dollars, and in addition thereto, a civil penalty of not more
than [fifteen hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
§ 22. Section 71-1123 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1123. Enforcement of section 15-2133.
1. Any neglect of the provisions of section 15-2133 by any officer or
person in charge of any reservoir shall be a violation punishable by a
fine of not more than one thousand FIVE HUNDRED dollars, and in addition
thereto, by a civil penalty of not more than [fifteen hundred] TWO THOU-
SAND TWO HUNDRED FIFTY dollars.
2. Any person violating the provisions of subdivision 3 of section
15-2133 shall be guilty of a violation punishable by a fine of not more
than one thousand FIVE HUNDRED dollars, and in addition thereto, shall
be liable for a civil penalty of not more than [fifteen hundred] TWO
THOUSAND TWO HUNDRED FIFTY dollars.
§ 23. Section 71-1125 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1125. Enforcement of section 15-2315.
Any person who violates the provisions of the first sentence of
section 15-2315 shall be guilty of a violation punishable by a fine of
not more than one thousand FIVE HUNDRED dollars, and in addition there-
to, shall be liable for a civil penalty of not more than [fifteen
hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
§ 24. Subdivision 1 of section 71-1127 of the environmental conserva-
tion law, as amended by chapter 401 of the laws of 2011, is amended to
read as follows:
1. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by article 15 except section 15-1713, or who
violates or who fails to comply with any rule, regulation, determination
or order of the department heretofore or hereafter promulgated pursuant
to article 15 except section 15-1713, or any condition of a permit
issued pursuant to article 15 of this chapter, or any determination or
order of the former water resources commission or the department hereto-
fore promulgated pursuant to former article 5 of the Conservation Law,
shall be liable for a civil penalty of not more than [two thousand five]
THREE THOUSAND SEVEN hundred FIFTY dollars for such violation and an
additional civil penalty of not more than [five] SEVEN hundred FIFTY
dollars for each day during which such violation continues, and, in
addition thereto, such person may be enjoined from continuing such
violation as otherwise provided in article 15 except section 15-1713.
§ 25. Section 71-1131 of the environmental conservation law, as added
by chapter 640 of the laws of 1977, is amended to read as follows:
S. 3008--B 140
§ 71-1131. Violations; criminal liability.
Except as otherwise specifically provided, any person who violates any
of the provisions of article 15 of this chapter, or any rule, regulation
or order promulgated pursuant thereto, or the terms of any permit issued
thereunder shall be guilty of a violation punishable by a fine of not
more than [five] SEVEN hundred FIFTY dollars.
§ 26. Section 71-1203 of the environmental conservation law, as added
by chapter 384 of the laws of 1983, is amended to read as follows:
§ 71-1203. Penalties.
Any person who violates the provisions of article twenty-two of this
chapter shall be subject to a civil penalty not to exceed [ten] FIFTEEN
thousand dollars for each day during which such violation occurred;
provided, however, that the total penalty to be imposed shall not exceed
one million FIVE HUNDRED THOUSAND dollars.
§ 27. Subdivisions 1 and 3 of section 71-1307 of the environmental
conservation law, as amended by chapter 99 of the laws of 2010, are
amended to read as follows:
1. Administrative sanctions. Any person who violates any provision of
article 23 of this chapter or commits any offense described in section
71-1305 of this title shall be liable to the people of the state for a
civil penalty not to exceed [eight] TWELVE thousand dollars and an addi-
tional penalty of [two] THREE thousand dollars for each day during which
such violation continues, to be assessed by the commissioner after a
hearing or opportunity to be heard. The commissioner, acting by the
attorney general, may bring suit for collection of such assessed civil
penalty in any court of competent jurisdiction. Such civil penalty may
be released or compromised by the commissioner before the matter has
been referred to the attorney general; and where such matter has been
referred to the attorney general, any such penalty may be released or
compromised and any action commenced to recover the same may be settled
and discontinued by the attorney general with the consent of the commis-
sioner. In addition, the commissioner shall have the power, following a
hearing conducted pursuant to rules and regulations adopted by the
department, to direct the violator to cease the violation and reclaim
and repair the affected site to a condition acceptable to the commis-
sioner, to the extent possible within a reasonable time and under the
direction and supervision of the commissioner. Any such order of the
commissioner shall be enforceable in any action brought by the commis-
sioner in any court of competent jurisdiction. Any civil penalty or
order issued by the commissioner under this subdivision shall be review-
able in a proceeding under article seventy-eight of the civil practice
law and rules.
3. Criminal sanctions. Any person who, having any of the culpable
mental states defined in sections 15.05 and 20.20 of the penal law,
violates any provision of article 23 of this chapter or commits any
offense described in section 71-1305 of this title shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed one thousand FIVE HUNDRED dollars for each day during
which such violation continues or by imprisonment for a term of not more
than one year, or by both such fine and imprisonment. If the conviction
is for a subsequent offense committed after a first conviction of such
person under this subdivision, punishment shall be by a fine not to
exceed [eight] TWELVE thousand dollars for each day during which such
violation continues or by imprisonment for a term of not more than one
year, or by both such fine and imprisonment.
S. 3008--B 141
§ 28. Subdivision 1 of section 71-1707 of the environmental conserva-
tion law is amended to read as follows:
1. Any person who violates, disobeys or disregards any term or
provision of this chapter listed in section 71-1701, or of titles 17
through 21 inclusive of this article or of any lawful notice, order or
regulation pursuant thereto for which a civil penalty is not otherwise
expressly prescribed by law, shall be liable to the people of the state
for a civil penalty of not to exceed one thousand FIVE HUNDRED dollars
for every such violation.
§ 29. Section 71-1711 of the environmental conservation law is amended
to read as follows:
§ 71-1711. Willful violation of health laws.
1. A person who willfully violates or refuses or omits to comply with
any lawful order or regulation prescribed by any local board of health
or local health officer, is guilty of a misdemeanor; except, however,
that where such order or regulation applies to a tenant with respect to
[his] SUCH TENANT'S own dwelling unit or to an owner occupied one or two
family dwelling, such person is guilty of an offense for the first
violation punishable by a fine not to exceed [fifty] SEVENTY-FIVE
dollars and for a second or subsequent violation is guilty of a misde-
meanor punishable by a fine not to exceed [five] SEVEN hundred FIFTY
dollars or by imprisonment not to exceed six months or by both such fine
and imprisonment.
2. A person who willfully violates any provision of this chapter list-
ed in section 71-1701, or of titles 17 through 21 inclusive of this
article, or any regulation lawfully made or established by any public
officer or board under authority of such provisions, the punishment for
violating which is not otherwise prescribed by such provisions or any
other law, is punishable by imprisonment not exceeding one year, or by a
fine not exceeding [two] THREE thousand dollars or by both.
§ 30. Section 71-1725 of the environmental conservation law, as
amended by chapter 400 of the laws of 1973, is amended to read as
follows:
§ 71-1725. Assessment of Penalties.
The commissioner may assess any penalty prescribed for a violation of
or a failure to comply with any provision contained in this title or
listed in section 71-1701, or any lawful notice, order or regulation
prescribed by the commissioner under any such provision, one thousand
FIVE HUNDRED dollars for every such violation or failure, which penalty
may be assessed after a hearing or an opportunity to be heard.
§ 31. Section 71-1905 of the environmental conservation law is amended
to read as follows:
§ 71-1905. Enforcement of section 17-1705.
Any person violating any provision of section 17-1705 shall forfeit to
the county where the violation occurred the sum of [fifty] SEVENTY-FIVE
dollars for every such violation.
§ 32. Subdivision 1 of section 71-1907 of the environmental conserva-
tion law is amended to read as follows:
1. Every person violating any provision of section 17-1707 shall
forfeit to the municipality having a local board of health where the
violation occurs the sum of [twenty-five] THIRTY-SEVEN dollars AND FIFTY
CENTS for the first day when the violation takes place, and the sum of
[ten] FIFTEEN dollars for every subsequent day that such violation is
repeated or continued.
S. 3008--B 142
§ 33. Subdivision 2 of section 71-1909 of the environmental conserva-
tion law, as amended by section 35 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
2. Any person violating any provision of section 17-1709 shall be
guilty of a misdemeanor, and punishable by a fine of not more than
[seven hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars or by
imprisonment for not more than one year or by both such fine and impri-
sonment.
§ 34. Section 71-1911 of the environmental conservation law, as
amended by section 36 of part C of chapter 62 of the laws of 2003, is
amended to read as follows:
§ 71-1911. Enforcement of section 17-1711.
Any person violating any provision of section 17-1711 shall be guilty
of an offense, and punishable by a fine of not more than [seventy-five]
ONE HUNDRED TWELVE dollars AND FIFTY CENTS.
§ 35. Subdivision 2 of section 71-1913 of the environmental conserva-
tion law is amended to read as follows:
2. Any person violating any provision of section 17-1713 shall be
guilty of a misdemeanor, and punishable by a fine of not more than
[five] SEVEN hundred FIFTY dollars or by imprisonment for not more than
one year or by both such fine and imprisonment.
§ 36. Subdivision 1 of section 71-1915 of the environmental conserva-
tion law is amended to read as follows:
1. Any person violating any provision of section 17-1715 shall be
guilty of a misdemeanor, and punishable by a fine of not more than
[five] SEVEN hundred FIFTY dollars or by imprisonment for not more than
one year or by both such fine and imprisonment.
§ 37. Subdivision 1 of section 71-1921 of the environmental conserva-
tion law is amended to read as follows:
1. Any person putting in or constructing or maintaining a conduit,
discharge pipe or other means of discharging or casting any refuse or
waste matter in violation of section 17-1729 shall forfeit to the people
of the state [five] SEVEN dollars AND FIFTY CENTS a day for each day the
same is used or maintained for such purpose, to be collected in an
action brought by the commissioner.
§ 38. Subdivision 1 of section 71-1929 of the environmental conserva-
tion law, as amended by section 37 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
1. A person who violates any of the provisions of, or who fails to
perform any duty imposed by titles 1 through 11 inclusive and title 19
of article 17, or the rules, regulations, orders or determinations of
the commissioner promulgated thereto or the terms of any permit issued
thereunder, shall be liable to a penalty of not to exceed [thirty-seven
thousand five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per
day for each violation, and, in addition thereto, such person may be
enjoined from continuing such violation as hereinafter provided.
Violation of a permit condition shall constitute grounds for revocation
of such permit, which revocation may be accomplished either as provided
in paragraph f of subdivision 4 of section 17-0303 or by order of judg-
ment of the supreme court as an alternate or additional civil penalty in
an action brought pursuant to subdivision 3 of this section.
§ 39. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b
of subdivision 8 of section 71-1933 of the environmental conservation
law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii
and iv of paragraph b of subdivision 8 as amended by section 39 of part
C of chapter 62 of the laws of 2003, are amended to read as follows:
S. 3008--B 143
1. Any person who, having any of the culpable mental states defined in
section 15.05 of the penal law, shall violate any of the provisions of
titles 1 through 5, 9 through 11 and 19 of article 17 or the rules,
regulations, orders or determinations of the commissioner promulgated
thereto, or the terms of any permit issued thereunder, shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than [three thousand seven hundred fifty] FIVE THOUSAND
SIX HUNDRED TWENTY-FIVE dollars nor more than [thirty-seven thousand
five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per day of
violation or by imprisonment for a term of not more than one year, or by
both such fine and imprisonment. If the conviction is for an offense
committed after a first conviction of such person under this subdivi-
sion, punishment shall be by a fine of not more than [seventy-five thou-
sand] ONE HUNDRED TWELVE THOUSAND FIVE HUNDRED dollars per day of
violation, or by imprisonment for not more than two years, or by both.
i. [$750,000] $1,125,000 for a class C felony committed by an organ-
ization as defined in section 71-1932 of this title;
ii. [$375,000] $562,500 for a class C felony;
iii. [$75,000] $112,500 per day of continuing violation for a class E
felony defined under subdivision four of this section but in no event
less than [$7,500] $11,250; and [$15,000] $22,500 for a class E felony
defined under subdivision seven of this section;
iv. [$37,500] $56,250 per day of continuing violation for a class A
misdemeanor but in no event less than [$3,750] $5,625.
§ 40. Paragraph b of subdivision 3 of section 71-1939 of the environ-
mental conservation law, as added by chapter 543 of the laws of 2010, is
amended to read as follows:
b. All fines and penalties collected pursuant to this subdivision
shall be paid to the district or county, provided, however, that one-
quarter of such fines and penalties received shall be paid to the
[general fund to the credit of the state purposes account] CONSERVATION
FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED
PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE
LAW.
§ 41. Subdivision 1 of section 71-1941 of the environmental conserva-
tion law, as amended by section 40 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
1. Except where the owner of or a person in actual or constructive
possession or control of more than one thousand one hundred gallons, in
bulk, of any liquid including petroleum which, if released, would or
would be likely to pollute the lands or waters of the state including
the groundwaters thereof can prove that the entry or presence of any
part of such liquid onto such lands or into or in such waters causing or
contributing to a condition therein in contravention of the standards
adopted or deemed adopted by the water pollution control board or any of
its legal successors was caused solely by (A) an act of God, (B) an act
of war, (C) negligence on the part of the United States or New York
State Government or (D) an act or omission of a third party without
regard to whether any such act or omission was or was not negligent, or
any combination of the foregoing clauses, such owner or person shall be
liable for a penalty of not more than [three thousand seven hundred
fifty] FIVE THOUSAND SIX HUNDRED TWENTY-FIVE dollars for an initial
incident resulting in or contributing to such a contravention and for an
additional penalty not to exceed [seven hundred fifty] ONE THOUSAND ONE
HUNDRED TWENTY-FIVE dollars for each day during which such contravention
or contribution thereto continues, and in addition shall be liable to
S. 3008--B 144
the people of the state of New York for the actual costs incurred by or
on behalf of the people of the state for the removal or neutralization
of such liquid and for any and all reasonable measures taken or
attempted to reduce, limit or diminish the extent or effect of such
contravention.
§ 42. Section 71-1943 of the environmental conservation law, as
amended by section 41 of part C of chapter 62 of the laws of 2003, is
amended to read as follows:
§ 71-1943. Enforcement of section 17-1743.
Any person who fails to so notify the department of such release,
discharge or spill into the waters of the state as described in section
17-1743 of this chapter shall, upon conviction, be fined not more than
[three thousand seven hundred fifty] FIVE THOUSAND SIX HUNDRED TWENTY-
FIVE dollars or imprisoned for not more than one year, or both.
§ 43. Section 71-1945 of the environmental conservation law, as added
by chapter 205 of the laws of 2010, is amended to read as follows:
§ 71-1945. Enforcement of title 21 of article 17.
1. Except as otherwise provided in this section, any person who
violates any provision of title 21 of article 17 of this chapter or any
rule, regulation or order issued thereunder shall be liable to the
people of the state for a civil penalty not to exceed [five] SEVEN
hundred FIFTY dollars for a first violation, and not to exceed one thou-
sand FIVE HUNDRED dollars for each subsequent violation, to be assessed
by the commissioner after a hearing or opportunity to be heard.
2. Any owner or owner's agent, or occupant of a household who violates
any provision of title 21 of article 17 of this chapter or any rule,
regulation or order issued thereunder shall, for a first violation be
issued a written warning and be provided educational materials. Upon a
second violation, the owner or owner's agent, or occupant of a household
shall be liable to the people of the state for a civil penalty not to
exceed one hundred FIFTY dollars, and for any subsequent violations
shall be liable to the people of the state for a civil penalty not to
exceed [two hundred fifty] THREE HUNDRED TWENTY-FIVE dollars. No owner
or owner's agent of a household shall be held liable for any violation
by an occupant. Such penalties may be assessed by the commissioner after
a hearing or opportunity to be heard.
§ 44. Subdivision 1 of section 71-2103 of the environmental conserva-
tion law, as amended by chapter 99 of the laws of 2010, is amended to
read as follows:
1. Except as provided in section 71-2113, any person who violates any
provision of article nineteen or any code, rule or regulation which was
promulgated pursuant thereto; or any order except an order directing
such person to pay a penalty by a specified date issued by the commis-
sioner pursuant thereto, shall be liable, in the case of a first
violation, for a penalty not less than [five] SEVEN hundred FIFTY
dollars nor more than [eighteen] TWENTY-SEVEN thousand dollars for said
violation and an additional penalty of not to exceed [fifteen thousand]
TWENTY THOUSAND FIVE HUNDRED dollars for each day during which such
violation continues. In the case of a second or any further violation,
the liability shall be for a penalty not to exceed [twenty-six] THIRTY-
NINE thousand dollars for said violation and an additional penalty not
to exceed [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each day during which such violation contin-
ues. In addition thereto, such person may be enjoined from continuing
such violation as hereinafter provided.
S. 3008--B 145
§ 45. Subdivision 1 of section 71-2105 of the environmental conserva-
tion law, as amended by chapter 99 of the laws of 2010, is amended to
read as follows:
1. Except as provided in section 71-2113, any person who shall wilful-
ly violate any of the provisions of article 19 or any code, rule or
regulation promulgated pursuant thereto or any final determination or
order of the commissioner made pursuant to article 19 shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be punished by a
fine, in the case of a first conviction, of not less than [five] SEVEN
hundred FIFTY dollars nor more than [eighteen] TWENTY-SEVEN thousand
dollars or by imprisonment for a term of not more than one year, or by
both such fine and imprisonment, for each separate violation. If the
conviction is for an offense committed after the first conviction of
such person under this subdivision, such person shall be punished by a
fine not to exceed [twenty-six] THIRTY-NINE thousand dollars, or by
imprisonment, or by both such fine and imprisonment. Each day on which
such violation occurs shall constitute a separate violation.
§ 46. Section 71-2111 of the environmental conservation law, as added
by chapter 400 of the laws of 1973, is amended to read as follows:
§ 71-2111. Enforcement of air pollution emergency rules and regulations.
Any person who violates any of the provisions of any regulation
promulgated by the commissioner under authority of paragraph y of subdi-
vision one of section 3-0301 shall be liable for a civil penalty of not
more than [twenty-five] THREE THOUSAND SEVEN hundred FIFTY dollars for
each such violation and an additional penalty of not more than [five]
SEVEN hundred FIFTY dollars for each day during which such violation
continues, and, in addition thereto, such persons may be enjoined from
continuing such violation. Penalties and injunctive relief provided
herein shall be recoverable in an action brought by the attorney general
at the request and in the name of the commissioner.
§ 47. Section 71-2113 of the environmental conservation law, as added
by chapter 942 of the laws of 1984, subdivision 1 as amended by section
23 and subdivision 2 as amended by section 24 of part C of chapter 62 of
the laws of 2003, is amended to read as follows:
§ 71-2113. Violations of section 19-0304 of article 19 of this chapter.
1. Civil and administrative sanctions. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by section
19-0304 of this chapter, or any rule or regulation promulgated pursuant
thereto, or any term or condition of any certificate or permit issued
pursuant thereto, or any final determination or order of the commission-
er made pursuant to article 19 of this chapter concerning a violation of
section 19-0304 of this chapter shall be liable in the case of a first
violation, for a civil penalty not to exceed [thirty-seven thousand five
hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an additional
penalty of not more than [thirty-seven thousand five hundred] FIFTY-SIX
THOUSAND TWO HUNDRED FIFTY dollars for each day during which such
violation continues, to be assessed by the commissioner after an oppor-
tunity to be heard pursuant to the provisions of section 71-1709 of this
article, or by the court in any action or proceeding pursuant to section
71-2107 of this title, and, in addition thereto, such person may by
similar process be enjoined from continuing such violation and any
permit or certificate issued to such person may be revoked or suspended
or a pending renewal application denied. In the case of a second and any
further violation, the liability shall be for a civil penalty not to
exceed [seventy-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars
for each such violation and an additional penalty not to exceed seven-
S. 3008--B 146
ty-five thousand dollars for each day during which such violation
continues.
2. Criminal sanctions. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
section 19-0304 of this chapter, or any rules and regulations promulgat-
ed pursuant thereto, or any term or condition of any certificate or
permit issued pursuant thereto, or any final determination or order of
the commissioner made pursuant to article 19 of this chapter concerning
a violation of section 19-0304 of this chapter shall be guilty of a
misdemeanor and, upon conviction thereof, shall for a first conviction
be punished by a fine not to exceed [thirty-seven thousand five hundred]
FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per day of violation or by
imprisonment for a term of not more than one year, or both such fine and
imprisonment. If the conviction is for an offense committed after a
first conviction of such person under this subdivision, punishment shall
be by a fine not to exceed [seventy-five] ONE HUNDRED TWELVE thousand
FIVE HUNDRED dollars per day of violation, or by imprisonment for not
more than two years or by both such fine and imprisonment.
§ 48. Section 71-2201 of the environmental conservation law, as added
by chapter 740 of the laws of 1978, the opening paragraph and subdivi-
sion 1 as amended and subdivision 3 as added by chapter 901 of the laws
of 1983, subdivision 4 as added by chapter 294 of the laws of 1991, is
amended to read as follows:
§ 71-2201. Enforcement of title 23 of article 23 of this chapter.
Administrative and civil sanctions. 1. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by title 23
of article 23 except the duty to accept used oil pursuant to section
23-2307 or any person subject to section 23-2308 or any rule or regu-
lation promulgated pursuant thereto, or any term or condition of any
certificate or permit issued pursuant thereto, or any final determi-
nation or order of the commissioner made pursuant to this section shall
be liable for a civil penalty not to exceed one thousand FIVE HUNDRED
dollars for each such violation and an additional penalty of not more
than [five] SEVEN hundred FIFTY dollars for each day during which such
violation continues, to be assessed by the commissioner after a hearing
or opportunity to be heard pursuant to the provisions of section 71-1709
of this chapter, and, in addition thereto, such person may by similar
process be enjoined from continuing such violation and any permit or
certificate issued to such person may be revoked or suspended or a pend-
ing renewal application denied.
2. Any person who refuses to accept used oil as required pursuant to
subdivision two of section 23-2307 shall be liable for a civil penalty
not to exceed one hundred FIFTY dollars.
3. Any person who violates any provision of section 23-2308 of this
chapter shall be subject to a civil penalty not to exceed [two hundred
fifty] THREE HUNDRED SEVENTY-FIVE dollars for each violation.
4. Notwithstanding any other provision of law, any person who shall
violate the provisions of paragraph [(c)] C of subdivision one of
section 23-2307 or paragraph [(d)] D of subdivision two of section
23-2307 of this chapter shall be liable for a civil penalty of not more
than [five] SEVEN hundred FIFTY dollars, and an additional civil penalty
of not more than [five] SEVEN hundred FIFTY dollars for each day during
which such violation continues, not to exceed [ten] FIFTEEN thousand
dollars.
S. 3008--B 147
§ 49. Section 71-2303 of the environmental conservation law, as
amended by chapter 99 of the laws of 2010, subdivisions 1 and 2 as
amended by section 15 of part QQ of chapter 58 of the laws of 2022, is
amended to read as follows:
§ 71-2303. Violation; penalties.
1. Civil sanctions. a. Any person who violates, disobeys or disregards
any provision of article twenty-four, including title five and section
24-0507 thereof or any rule or regulation, local law or ordinance,
permit or order issued pursuant thereto, shall be liable to the people
of the state for a civil penalty of not to exceed [eleven] SIXTEEN thou-
sand FIVE HUNDRED dollars for every such violation, to be assessed,
after a hearing or opportunity to be heard upon due notice and with the
rights to specification of the charges and representation by counsel at
such hearing, by the commissioner or local government or in an action
initiated by the attorney general pursuant to section 71-2305 of this
title or on the attorney general's own initiative. Each violation shall
be a separate and distinct violation and, in the case of a continuing
violation, each day's continuance thereof shall be deemed a separate and
distinct violation. Such penalty assessed by the commissioner or local
government may be recovered in an action brought by the attorney general
at the request and in the name of the commissioner or local government
in any court of competent jurisdiction. Such civil penalty may be
released or compromised by the commissioner or local government before
the matter has been referred to the attorney general; and where such
matter has been referred to the attorney general, any such penalty may
be released or compromised and any action commenced to recover the same
may be settled and discontinued by the attorney general with the consent
of the commissioner or local government. In addition, the commissioner
or local government shall have power, following a hearing held in
conformance with the procedures set forth in section 71-1709 of this
article, to direct the violator to cease violating the act and to
restore the affected freshwater wetland to its condition prior to the
violation, insofar as that is possible within a reasonable time and
under the supervision of the commissioner or local government. Any such
order of the commissioner or local government shall be enforceable in an
action brought by the attorney general at the request and in the name of
the commissioner or local government in any court of competent jurisdic-
tion. Any civil penalty or order issued by the commissioner or local
government pursuant to this subdivision shall be reviewable in a
proceeding pursuant to article seventy-eight of the civil practice law
and rules.
b. Upon determining that significant damage to the functions and bene-
fits of a freshwater wetland is occurring or is imminent as a result of
any violation of article twenty-four of this chapter, including but not
limited to (i) activity taking place requiring a permit under article
twenty-four of this chapter but for which no permit has been granted or
(ii) failure on the part of a permittee to adhere to permit conditions,
the commissioner or local government shall have power to direct the
violator to cease and desist from violating the act. In such cases the
violator shall be provided an opportunity to be heard within ten days of
receipt of the notice to cease and desist.
2. Criminal sanctions. Any person who violates any provision of arti-
cle twenty-four of this chapter, including any rule or regulation, local
law or ordinance, permit or order issued pursuant thereto, shall, in
addition, for the first offense, be guilty of a violation punishable by
a fine of not less than [two] THREE thousand nor more than [five] SEVEN
S. 3008--B 148
thousand FIVE HUNDRED dollars; for a second and each subsequent offense
[he] SUCH PERSON shall be guilty of a misdemeanor punishable by a fine
of not less than [four] SIX thousand nor more than [ten] FIFTEEN thou-
sand dollars or a term of imprisonment of not less than fifteen days nor
more than six months or both. In addition to these punishments, any
offender may be punishable by being ordered by the court to restore the
affected freshwater wetland or adjacent area to its condition prior to
the offense, insofar as that is possible. The court shall specify a
reasonable time for the completion of such restoration, which shall be
effected under the supervision of the commissioner or local government.
Each offense shall be a separate and distinct offense and, in the case
of a continuing offense, each day's continuance thereof shall be deemed
a separate and distinct offense.
3. All fines collected pursuant to this section shall be paid into the
environmental protection fund established pursuant to section ninety-
two-s of the state finance law.
§ 50. Paragraph a of subdivision 1 and subdivision 2 of section
71-2503 of the environmental conservation law, as amended by chapter 666
of the laws of 1989, are amended to read as follows:
a. Any person who violates, disobeys or disregards any provision of
article twenty-five shall be liable to the people of the state for a
civil penalty of not to exceed [ten] FIFTEEN thousand dollars for every
such violation, to be assessed, after a hearing or opportunity to be
heard, by the commissioner. Each violation shall be a separate and
distinct violation and, in the case of a continuing violation, each
day's continuance thereof shall be deemed a separate and distinct
violation. The penalty may be recovered in an action brought by the
commissioner in any court of competent jurisdiction. Such civil penalty
may be released or compromised by the commissioner before the matter has
been referred to the attorney general; and where such matter has been
referred to the attorney general, any such penalty may be released or
compromised and any action commenced to recover the same may be settled
and discontinued by the attorney general with the consent of the commis-
sioner.
2. Criminal sanctions. Any person who violates any provision of arti-
cle twenty-five shall, in addition, for the first offense, be guilty of
a violation punishable by a fine of not less than [five] SEVEN hundred
FIFTY nor more than [five] SEVEN thousand FIVE HUNDRED dollars; for a
second and each subsequent offense such person shall be guilty of a
misdemeanor punishable by a fine of not less than one thousand FIVE
HUNDRED nor more than [ten] FIFTEEN thousand dollars or a term of impri-
sonment of not less than fifteen days nor more than six months or both.
In addition to or instead of these punishments, any offender shall be
punishable by being ordered by the court to restore the affected tidal
wetland or area immediately adjacent thereto to its condition prior to
the offense, insofar as that is possible. The court shall specify a
reasonable time for the completion of the restoration, which shall be
effected under the supervision of the commissioner. Each offense shall
be a separate and distinct offense and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate and
distinct offense.
§ 51. Section 71-2505 of the environmental conservation law, as
amended by chapter 249 of the laws of 1997, is amended to read as
follows:
§ 71-2505. Enforcement.
S. 3008--B 149
The attorney general, on [his] THEIR own initiative or at the request
of the commissioner, shall prosecute persons who violate article twen-
ty-five. In addition the attorney general, on [his] THEIR own initi-
ative or at the request of the commissioner, shall have the right to
recover a civil penalty of up to [ten] FIFTEEN thousand dollars for
every violation of any provision of such article, and to seek equitable
relief to restrain any violation or threatened violation of such article
and to require the restoration of any affected tidal wetland or area
immediately adjacent thereto to its condition prior to the violation,
insofar as that is possible, within a reasonable time and under the
supervision of the commissioner. In the case of a continuing violation,
each day's continuance thereof shall be deemed a separate and distinct
violation.
§ 52. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental
conservation law, subdivisions 1 and 2 as amended by chapter 508 of the
laws of 1995, paragraph a of subdivision 1 as amended by section 25,
subparagraphs i and ii of paragraph b of subdivision 1 as amended by
section 26, paragraph a and subparagraphs i and ii of paragraph b of
subdivision 2 as amended by section 27, subparagraphs i and ii of para-
graph c of subdivision 2 as amended by section 28 and subdivision 3 as
amended by section 29 of part C of chapter 62 of the laws of 2003, are
amended to read as follows:
1. Civil and administrative sanctions. a. Any person who violates any
of the provisions of, or who fails to perform any duty imposed by title
3 or 7 of article 27 of this chapter or any rule or regulation promul-
gated pursuant thereto, or any term or condition of any certificate or
permit issued pursuant thereto, or any final determination or order of
the commissioner made pursuant to this title shall be liable for a civil
penalty not to exceed [seven thousand five hundred] ELEVEN THOUSAND TWO
HUNDRED FIFTY dollars for each such violation and an additional penalty
of not more than [one thousand five hundred] TWO THOUSAND TWO HUNDRED
FIFTY dollars for each day during which such violation continues, to be
assessed by the commissioner after an opportunity to be heard pursuant
to the provisions of section 71-1709 of this article, or by the court in
any action or proceeding pursuant to section 71-2727 of this title, and,
in addition thereto, such person may by similar process be enjoined from
continuing such violation and any permit or certificate issued to such
person may be revoked or suspended or a pending renewal application
denied.
b. i. Any person who violates any of the provisions of, or who fails
to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
ter, or any rule or regulation promulgated pursuant thereto, or any term
or condition of any certificate or permit issued pursuant thereto and
thereby causes the release of solid waste into the environment, shall be
liable for a civil penalty not to exceed [eleven thousand two hundred
fifty] SIXTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE dollars for each such
violation and an additional penalty of not more than [eleven thousand
two hundred fifty] SIXTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE dollars
for each day during which such violation continues, to be assessed by
the commissioner after an opportunity to be heard pursuant to the
provisions of section 71-1709 of this article, or by the court in any
action or proceeding pursuant to section 71-2727 of this title, and, in
addition thereto, such person may by similar process be enjoined from
continuing such violation and any permit or certificate issued to such
person may be revoked or suspended or a pending renewal application
denied.
S. 3008--B 150
ii. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
or any rule or regulation promulgated pursuant thereto, or any term or
condition of any certificate or permit issued pursuant thereto and
thereby causes the release of more than ten cubic yards of solid waste
into the environment, shall be liable for a civil penalty not to exceed
[twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN HUNDRED
FIFTY dollars for each such violation and an additional penalty of not
more than [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each day during which such violation contin-
ues, to be assessed by the commissioner after an opportunity to be heard
pursuant to the provisions of section 71-1709 of this article, or by the
court in any action or proceeding pursuant to section 71-2727 of this
title, and, in addition thereto, such person may by similar process be
enjoined from continuing such violation and any permit or certificate
issued to such person may be revoked or suspended or a pending renewal
application denied.
c. The court in any action or proceeding pursuant to section 71-2727
of this chapter may exercise all powers exercisable by the commissioner.
2. Criminal sanctions. a. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
title 3 or 7 of article 27 of this chapter, or any rules and regulations
promulgated pursuant thereto, or any final determination or order of the
commissioner made pursuant to this title shall be guilty of a violation
and, upon conviction thereof, shall be punished by a fine of not less
than [one thousand five hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars
nor more than [fifteen] TWENTY-TWO thousand FIVE HUNDRED dollars per day
of violation or by imprisonment for not more than fifteen days or by
both such fine and imprisonment.
b. i. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than ten cubic
yards of solid waste into the environment shall be guilty of a class B
misdemeanor and, upon conviction thereof, shall be punished by a fine of
not less than [three thousand seven hundred fifty] FIVE THOUSAND SIX
HUNDRED TWENTY-FIVE dollars per day nor more than [twenty-two thousand
five hundred] THIRTY-THREE THOUSAND SEVEN HUNDRED FIFTY dollars per day
of violation, or by imprisonment for a term in accordance with the penal
law, or by both such fine and imprisonment.
ii. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than ten cubic
yards of solid waste into the environment, after having been convicted
of a violation of this subdivision within the preceding five years,
shall be guilty of a class A misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than [three thousand seven
hundred fifty] FIVE THOUSAND SIX HUNDRED TWENTY-FIVE dollars per day nor
more than [thirty-seven thousand five hundred] FIFTY-SIX THOUSAND TWO
HUNDRED FIFTY dollars per day of violation, or by imprisonment for a
term in accordance with the penal law, or by both such fine and impri-
sonment.
c. i. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than seventy
cubic yards of solid waste into the environment shall be guilty of a
class A misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than [three thousand seven hundred fifty] FIVE THOUSAND
SIX HUNDRED TWENTY-FIVE dollars per day nor more than [thirty-seven
S. 3008--B 151
thousand five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per
day of violation, or by imprisonment for a term in accordance with the
penal law, or by both such fine and imprisonment.
ii. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than seventy
cubic yards of solid waste into the environment, after having been
convicted of a violation of this subdivision within the preceding five
years, shall be guilty of a class E felony and, upon conviction thereof,
shall be punished by a fine of not less than [seven thousand five
hundred] ELEVEN THOUSAND TWO HUNDRED FIFTY dollars per day nor more than
[seventy-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars per day
of violation, or by imprisonment for a term in accordance with the penal
law, or by both such fine and imprisonment.
3. Additional sanctions. Any person who violates any of the provisions
of, or who fails to perform any duty imposed by title 7 of article 27,
with regard to the construction and operation of facilities for the
disposal of construction and demolition debris or any rule or regulation
promulgated pursuant thereto, or any term or condition of any certif-
icate or permit issued pursuant thereto or any final determination or
order of the commissioner made pursuant to this title shall be liable
for a civil penalty not to exceed [fifteen] TWENTY-TWO thousand FIVE
HUNDRED dollars and each day of such deposition shall constitute a sepa-
rate violation and said civil penalty is in addition to any other fines
or penalties which may be applied pursuant to this title.
§ 53. Section 71-2705 of the environmental conservation law, as added
by chapter 550 of the laws of 1980, subdivision 1 as amended by section
30 and subdivision 2 as amended by section 31 of part C of chapter 62 of
the laws of 2003, is amended to read as follows:
§ 71-2705. Violations of titles 9, 11 and 13 of article 27 of this chap-
ter.
1. Civil and administrative sanctions. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by titles 9,
11 and 13 of article 27 or any rule or regulation promulgated pursuant
thereto, or any term or condition of any certificate or permit issued
pursuant thereto, or any final determination or order of the commission-
er made pursuant to this title shall be liable in the case of a first
violation, for a civil penalty not to exceed [thirty-seven thousand five
hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an additional
penalty of not more than [thirty-seven thousand five hundred] FIFTY-SIX
THOUSAND TWO HUNDRED FIFTY dollars for each day during which such
violation continues, to be assessed by the commissioner after an oppor-
tunity to be heard pursuant to the provisions of section 71-1709 of this
article, or by the court in any action or proceeding pursuant to section
71-2727 of this title, and, in addition thereto, such person may by
similar process be enjoined from continuing such violation and any
permit or certificate issued to such person may be revoked or suspended
or a pending renewal application denied. In the case of a second and any
further violation, the liability shall be for a civil penalty not to
exceed [seventy-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars
for each such violation and an additional penalty not to exceed [seven-
ty-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars for each day
during which such violation continues.
2. Criminal sanctions. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
titles 9, 11 and 13 of article 27 or any rules and regulations promul-
S. 3008--B 152
gated pursuant thereto, or any term or condition of any certificate or
permit issued pursuant thereto, or any final determination or order of
the commissioner made pursuant to this title shall be guilty of a misde-
meanor and, upon conviction thereof, shall for a first conviction be
punished by a fine not to exceed [thirty-seven thousand five hundred]
FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per day of violation or by
imprisonment for a term of not more than one year, or both such fine and
imprisonment. If the conviction is for an offense committed after a
first conviction of such person under this subdivision, punishment shall
be by a fine not to exceed [seventy-five] ONE HUNDRED TWELVE thousand
FIVE HUNDRED dollars per day of violation, or by imprisonment for not
more than two years or by both such fine and imprisonment.
§ 54. Subdivision 2 of section 71-2721 of the environmental conserva-
tion law, as amended by section 32 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
2. Fines. A sentence to pay a fine shall be a sentence to pay an
amount fixed by the court, not exceeding the higher of:
(a) [Three] FOUR hundred FIFTY thousand dollars for a class C felony;
(b) [Two hundred twenty-five thousand] THREE HUNDRED THIRTY-SEVEN
THOUSAND FIVE HUNDRED dollars for a class D felony;
(c) [One hundred fifty thousand] TWO HUNDRED TWENTY-TWO THOUSAND FIVE
HUNDRED dollars for a class E felony;
(d) [Thirty-seven thousand five hundred] FIFTY-SIX THOUSAND TWO
HUNDRED FIFTY dollars for a class A misdemeanor;
(e) [Fifteen] TWO HUNDRED TWENTY-FIVE thousand dollars for a class B
misdemeanor; or
(f) Double the amount of the defendant's gain from the commission of
the crime.
§ 55. Subdivisions 1, 2 and 5 of section 71-2722 of the environmental
conservation law, subdivision 1 as amended by section 33 and subdivision
2 as amended by section 34 of part C of chapter 62 of the laws of 2003,
and subdivision 5 as added by chapter 152 of the laws of 1990, are
amended to read as follows:
1. Any person who knowingly or intentionally violates any of the
provisions or fails to perform any duty imposed by section 27-1701 of
this chapter, except the duty to accept a lead-acid battery pursuant to
subdivision four of such section, shall be liable for a civil penalty
not to exceed [seventy-five] ONE HUNDRED TWELVE dollars AND FIFTY CENTS
for each violation, provided that such civil penalty shall be in addi-
tion to any other penalties authorized under other state or local laws
governing the illegal disposal of lead-acid batteries.
2. Any retailer or distributor who refuses to accept a lead-acid
battery as required pursuant to subdivision four of section 27-1701 of
this chapter shall be liable for a civil penalty not to exceed [seven
hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars.
5. All civil penalties and fines collected for any violation of such
title seventeen shall be paid over to the commissioner for deposit in
the [general fund] CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION
ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION
EIGHTY-THREE OF THE STATE FINANCE LAW; provided however, that all civil
penalties collected for any violation of such title seventeen which have
been imposed by the environmental control board of the city of New York,
or a local adjudicatory body pursuant to subdivision four of this
section, shall be paid into an environmental fund of such city or local-
ity.
S. 3008--B 153
§ 56. Subdivisions 1 and 2 of section 71-2724 of the environmental
conservation law, as amended by chapter 30 of the laws of 2020, are
amended to read as follows:
1. Any person who knowingly or intentionally violates any provision of
or fails to perform any duty pursuant to title twenty-one of article
twenty-seven of this chapter, except subdivision one of section 27-2105
of this chapter, shall upon the first finding of such a violation be
liable for a civil penalty not to exceed one hundred FIFTY dollars. Any
person convicted of a second or subsequent violation shall be liable for
a civil penalty not to exceed [five] SEVEN hundred FIFTY dollars for
each violation.
2. Any person who knowingly or intentionally violates or fails to
perform any duty imposed by subdivision one of section 27-2105 of this
chapter shall upon the first finding of such a violation be provided
with educational materials describing the requirements for mercury
disposal and the effects of improper mercury disposal, and be warned
that future violations shall result in the imposition of a fine. Any
person convicted of a second violation shall be liable for a civil
penalty not to exceed [fifty] SEVENTY-FIVE dollars. Any person convicted
of a third violation shall be liable for a civil penalty not to exceed
[seventy-five] ONE HUNDRED TWELVE dollars AND FIFTY CENTS. Any person
convicted of a fourth or subsequent violation shall be liable for a
civil penalty not to exceed one hundred dollars for each violation.
§ 57. Subdivision 1 of section 71-2728 of the environmental conserva-
tion law, as added by chapter 641 of the laws of 2008, is amended to
read as follows:
1. Any person who knowingly or intentionally violates any provision of
or fails to perform any duty imposed pursuant to title 27 of article 27
of this chapter shall upon the first finding of such a violation be
provided with a warning that future violations shall result in the impo-
sition of a fine. Any person convicted of a second violation shall be
liable for a civil penalty not to exceed one hundred FIFTY dollars. Any
person convicted of a third or subsequent violation shall be liable for
a civil penalty not to exceed [five] SEVEN hundred FIFTY dollars.
§ 58. Section 71-2729 of the environmental conservation law, as added
by chapter 99 of the laws of 2010, is amended to read as follows:
§ 71-2729. Enforcement of title 26 of article 27 of this chapter.
1. a. Any consumer, as defined in title twenty-six of article twenty-
seven of this chapter, who violates any provision of, or fails to
perform any duty imposed by, section 27-2611 of this chapter, shall be
liable for a civil penalty not to exceed one hundred FIFTY dollars for
each violation.
b. Any person, except a consumer, manufacturer, or an owner or opera-
tor of an electronic waste collection site, electronic waste consol-
idation facility, or electronic waste recycling facility as these terms
are defined in title twenty-six of article twenty-seven of this chapter,
who violates any provision, or fails to perform any duty imposed by
section 27-2611 of this chapter, shall be liable for a civil penalty not
to exceed [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars for
each violation.
c. Any manufacturer, or any person operating an electronic waste
collection site, an electronic waste consolidation facility, or an elec-
tronic waste recycling facility as those terms are defined in title
twenty-six of article twenty-seven of this chapter, who:
i. fails to submit any report, registration, fee, or surcharge to the
department as required by title twenty-six of article twenty-seven of
S. 3008--B 154
this chapter shall be liable for a civil penalty not to exceed one thou-
sand FIVE HUNDRED dollars for each day such report, registration, fee,
or surcharge is not submitted; and
ii. violates any other provision of title twenty-six of article twen-
ty-seven of this chapter or fails to perform any duty imposed by such
title, except for subdivision four of section 27-2603 of this chapter,
shall be liable for a civil penalty for each violation not to exceed one
thousand FIVE HUNDRED dollars for the first violation, [two thousand
five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars for the second
violation and [five] SEVEN thousand FIVE HUNDRED dollars for the third
and subsequent violations of this title within a twelve-month period.
d. Any retailer, as defined by section 27-2601 of this chapter, who
violates any provision of title twenty-six of article twenty-seven of
this chapter or fails to perform any duty imposed by such title, shall
be liable for a civil penalty for each violation not to exceed [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars for the first
violation, [five] SEVEN hundred FIFTY dollars for the second violation
and one thousand FIVE HUNDRED dollars for the third and subsequent
violations of this title in a twelve-month period.
e. Civil penalties under this section shall be assessed by the commis-
sioner after a hearing or opportunity to be heard pursuant to the
provisions of section 71-1709 of this article, or by the court in any
action or proceeding pursuant to this section, and, in addition thereto,
such person may by similar process be enjoined from continuing such
violation.
2. All penalties collected pursuant to this section shall be paid over
to the commissioner for deposit to the environmental protection fund
established pursuant to section ninety-two-s of the state finance law.
§ 59. Subdivisions 1 and 3 of section 71-2907 of the environmental
conservation law, as amended by chapter 285 of the laws of 2000, are
amended to read as follows:
1. Administrative sanctions. Except as otherwise provided in this
subdivision, any person who violates any provision of article 33 of this
chapter or any rule, regulation or order issued thereunder or commits
any offense described in section 33-1301 of this chapter shall be liable
to the people of the state for a civil penalty not to exceed [five]
SEVEN thousand FIVE HUNDRED dollars for a first violation, and not to
exceed [ten] FIFTEEN thousand dollars for a subsequent offense, to be
assessed by the commissioner after a hearing or opportunity to be heard.
Notwithstanding any provision of law to the contrary, an owner or
owner's agent of a multiple dwelling or owner, owner's agent or a person
in a position of authority for all other types of premises, as such
terms are defined in paragraph d of subdivision five of section 33-0905
of this chapter, who violates any provision of a local law adopted
pursuant to subdivision one of section 33-1004 of this chapter relating
to paragraph b of such subdivision, and a person, who violates any
provision of a local law adopted pursuant to subdivision one of section
33-1004 of this chapter relating to paragraph c of such subdivision, and
a person who violates the provisions of subdivision three of section
three hundred ninety-c of the social services law shall, for a first
such violation, in lieu of a penalty, be issued a written warning and
shall also be issued educational materials pursuant to subdivision two
of section 33-1005 of this chapter. Such person shall, however, for a
second violation, be liable to the people of the state for a civil
penalty not to exceed one hundred FIFTY dollars, and not to exceed [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars for any subsequent
S. 3008--B 155
violation, such penalties to be assessed by the commissioner after a
hearing or opportunity to be heard.
Notwithstanding any provision of law to the contrary, any person who
violates the provisions of a local law adopted pursuant to subdivision
one of section 33-1004 of this chapter relating to paragraph a of such
subdivision, shall be issued a warning for the first violation and shall
be provided seven days to correct such violation; and shall be liable to
the people of the state for a civil penalty not to exceed one hundred
FIFTY dollars for a second violation, and not to exceed [two hundred
fifty] THREE HUNDRED SEVENTY-FIVE dollars for a subsequent violation, to
be assessed by the commissioner after a hearing or opportunity to be
heard. The commissioner, acting by the attorney general, may bring suit
for collection of such assessed civil penalty in any court of competent
jurisdiction. Such civil penalty may be released or compromised by the
commissioner before the matter has been referred to the attorney gener-
al; and where such matter has been referred to the attorney general, any
such penalty may be released or compromised and any action commenced to
recover the same may be settled and discontinued by the attorney general
with the consent of the commissioner. Any civil penalty assessed by the
commissioner under this subdivision shall be reviewable in a proceeding
under article 78 of the civil practice law and rules.
3. Criminal sanctions. Any person who, having the culpable mental
states defined in subdivision one or two of section 15.05 or in section
20.20 of the penal law, violates any provision of article 33 of this
chapter or any rule, regulation thereunder or commits any offense
described in section 33-1301 of this chapter, except an offense relating
to the application of a general use pesticide shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed [five] SEVEN thousand FIVE HUNDRED dollars for each day
during which such violation continues or by imprisonment for a term of
not more than one year, or by both such fine and imprisonment. If the
conviction is for a subsequent offense committed after a first
conviction of such person under this subdivision, punishment shall be by
a fine not to exceed [ten] FIFTEEN thousand dollars for each day during
which such violation continues or by imprisonment for a term of not more
than one year, or by both such fine and imprisonment. When a violation
consists of the manufacture or production of any prohibited article,
each day during which or any part of which such manufacture or
production is carried on or continued, shall be deemed a separate
violation. Any person who violates any provision of article 33 of this
chapter or any rule or regulation thereunder or commits any offense
described in section 33-1301 of this chapter relating to the use of a
general use pesticide shall be guilty of a violation and, upon
conviction thereof, shall be punished by a fine not to exceed [twenty-
five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars. If the
conviction is for a subsequent offense committed after the first such
conviction of such person under this subdivision, punishment shall be by
a fine not to exceed [five] SEVEN thousand FIVE HUNDRED dollars. Prose-
cution hereunder may be conducted by either the attorney general or the
district attorney consistent with section 71-0403 of this article. With
respect to violations of section 33-1004 of this chapter, penalties
imposed pursuant to this subdivision may be assessed only against a
person providing a commercial lawn application.
§ 60. Section 71-3103 of the environmental conservation law is amended
to read as follows:
§ 71-3103. Enforcement of article 35.
S. 3008--B 156
Any person who violates any of the provisions of, or who fails to
perform any duties imposed by article 35 or any regulation promulgated
by the commissioner thereunder, shall be liable to a civil penalty of
not more than [twenty-five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each such violation and an additional penalty of not more
than [five] SEVEN hundred FIFTY dollars for each day during which such
violation continues, and, in addition thereto, such person may be
enjoined from continuing such violation. Penalties and injunctive relief
provided herein shall be recoverable in an action brought by the Attor-
ney General at the request and in the name of the commissioner.
§ 61. Subdivision 1 of section 71-3303 of the environmental conserva-
tion law, as added by chapter 617 of the laws of 1987, is amended to
read as follows:
1. Any person who violates any provision of, or fails to perform any
duty imposed by article forty-three of this chapter or any rule or regu-
lation promulgated pursuant thereto, or any term or condition of any
certificate or permit issued pursuant thereto, or any final determi-
nation or order of the Lake George park commission made pursuant to
article forty-three of this chapter shall be liable for a civil penalty
not to exceed [five] SEVEN hundred FIFTY dollars for each such violation
and an additional penalty of [five] SEVEN hundred FIFTY dollars for each
day during which such violation continues, to be assessed by the Lake
George park commission after an opportunity to be heard, or by the court
in any action or proceeding initiated by the attorney general in the
name of the Lake George park commission. In addition thereto, such
person may, by similar process, be enjoined from continuing such
violation, and any permit or certificate issued to such person may be
revoked or suspended, or a pending renewal application denied based upon
such violation.
§ 62. Section 71-3307 of the environmental conservation law, as added
by chapter 617 of the laws of 1987, is amended to read as follows:
§ 71-3307. Criminal sanctions.
Any person who, having any of the culpable mental states defined in
section 15.05 of the penal law, shall violate any of the provisions of
or who fails to perform any duty imposed by article forty-three of this
chapter or any rules or regulations promulgated thereto, or any final
determination or order of the Lake George park commission shall be guil-
ty of a violation, and, upon conviction thereof, shall be punished by a
fine not to exceed [five] SEVEN hundred FIFTY dollars for each violation
and [five] SEVEN hundred FIFTY dollars for each day such violation shall
continue.
§ 63. Section 71-3501 of the environmental conservation law is amended
to read as follows:
§ 71-3501. Putting noisome or unwholesome substances or maintaining
noisome business on or near highway.
A person, who deposits, leaves or keeps, on or near a highway or route
of public travel, either on the land or on the water, any noisome or
unwholesome substance, or establishes, maintains or carries on, upon or
near a public highway or route of public travel, either on the land or
on the water, any business, trade or manufacture which is noisome or
detrimental to public health, is guilty of a misdemeanor, punishable by
a fine of not less than one hundred FIFTY dollars, or by imprisonment
not less than three nor more than six months, or both.
§ 64. Section 71-3703 of the environmental conservation law, as
amended by chapter 259 of the laws of 2011, subdivision 4 as amended by
chapter 44 of the laws of 2020, subdivision 5 as added by chapter 829 of
S. 3008--B 157
the laws of 2021, subdivision 6 as added by chapter 111 of the laws of
2023, and subdivision 7 as added by chapter 107 of the laws of 2024, is
amended to read as follows:
§ 71-3703. Enforcement of article 37.
1. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0107 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each such violation and an additional penalty of not more
than [five] SEVEN hundred FIFTY dollars for each day during which such
violation continues, and, in addition thereto, such person may be
enjoined from continuing such violation.
2. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0505 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand FIVE HUNDRED dollars for each day during which such
violation continues, and in addition thereto, such person may be
enjoined from continuing such violation. Such person shall for a second
violation be liable to the people of the state for a civil penalty not
to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each day during which such violation continues.
3. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0705 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand FIVE HUNDRED dollars for each day during which such
violation continues, and in addition thereto, such person may be
enjoined from continuing such violation. Such person shall for a second
violation be liable to the people of the state for a civil penalty not
to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each day during which such violation continues.
4. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0117 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand FIVE HUNDRED dollars for each day during which such
violation continues, and in addition thereto, such person may be
enjoined from continuing such violation. Such person shall for a second
violation be liable to the people of the state for a civil penalty not
to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each day during which such violation continues.
5. Any person who violates any of the provisions of or who fails to
perform any duty imposed by sections 37-1003 and 37-1007 of this chapter
or any rule or regulation promulgated pursuant hereto, shall be liable
for a civil penalty not to exceed one thousand FIVE HUNDRED dollars for
each day during which such violation continues, and in addition thereto,
such person may be enjoined from continuing such violation. Such person
shall for a second violation be liable to the people of the state for a
civil penalty not to exceed [two thousand five hundred] THREE THOUSAND
SEVEN HUNDRED FIFTY dollars for each day during which such violation
continues.
6. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0121 of this chapter or any rule
or regulation promulgated pursuant hereto, shall be liable for a civil
penalty not to exceed one thousand FIVE HUNDRED dollars for each day
during which such violation continues, and in addition thereto, such
person may be enjoined from continuing such violation. Such person shall
for a second violation be liable to the people of the state for a civil
S. 3008--B 158
penalty not to exceed [two thousand five hundred] THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each day during which such violation contin-
ues.
7. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-1101 of this chapter or any rule
or regulation promulgated pursuant hereto, shall be liable for a civil
penalty not to exceed one thousand FIVE HUNDRED dollars for each day
during which such violation continues, and in addition thereto, such
person may be enjoined from continuing such violation. Such person shall
for a second violation be liable to the people of the state for a civil
penalty not to exceed [two thousand five hundred] THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each day during which such violation contin-
ues.
§ 65. Subdivision 1 of section 71-3705 of the environmental conserva-
tion law, as amended by chapter 43 of the laws of 2020, is amended to
read as follows:
1. Any person who violates any provision of or fails to perform any
duty imposed by section 37-0115 of this chapter shall upon the first
finding of such a violation be liable for a civil penalty not to exceed
[five hundred] SEVEN HUNDRED FIFTY dollars for each violation. Any
person convicted of a second or subsequent violation shall be liable for
a civil penalty not to exceed [twenty-five hundred] THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each violation.
§ 66. Section 71-3803 of the environmental conservation law, as added
by chapter 713 of the laws of 1975, is amended to read as follows:
§ 71-3803. Enforcement of article thirty-eight.
Any person who violates any of the provisions of, or who fails to
perform any duty imposed by article thirty-eight or any regulation
promulgated by the commissioner thereunder, shall be liable to a civil
penalty of not more than [twenty-five hundred] THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each such violation and an additional penalty
of not more than [five] SEVEN hundred FIFTY dollars for each day during
which such violation continues, and, in addition thereto, such person
may be enjoined from continuing such violation. Penalties and injunctive
relief provided herein shall be recoverable in an action brought by the
attorney general acting alone or at the request of the commissioner.
§ 67. Section 71-3903 of the environmental conservation law, as added
by chapter 732 of the laws of 1980, is amended to read as follows:
§ 71-3903. Violations; penalties.
1. Administrative sanctions. Any person who violates, disobeys or
disregards any provision of article thirty-nine shall be liable to the
people of the state for a civil penalty of not to exceed [three] FOUR
thousand FIVE HUNDRED dollars for every such violation, to be assessed
by the commissioner after a hearing or opportunity to be heard. The
penalty may be recovered in an action brought by the commissioner in any
court of competent jurisdiction. Such civil penalty may be released or
[comprised] COMPROMISED by the commissioner before the matter has been
referred to the attorney general; and where such matter has been
referred to the attorney general, any such penalty may be released or
[comprised] COMPROMISED and any action commenced to recover the same may
be settled and discontinued by the attorney general with the consent of
the commissioner. In addition, the commissioner shall have power,
following a hearing, to direct the violator to cease [his] THEIR
violation of article thirty-nine and, where appropriate, to recall any
sewage system cleaners or additives sold or distributed in violation of
said article. Any such order of the commissioner shall be enforceable in
S. 3008--B 159
an action brought by the commissioner in any court of competent juris-
diction. Any civil penalty or order issued by the commissioner under
this subdivision shall be reviewable in a proceeding under article
seventy-eight of the civil practice law and rules commenced within thir-
ty days of such penalty or order.
2. Criminal sanctions. Any person who knowingly violates any provision
of section 39-0105 of this chapter shall, in addition to the sanctions
provided in subdivision one of this section, for the first offense, be
guilty of a violation punishable by a fine of not less than [five] SEVEN
hundred FIFTY nor more than one thousand FIVE HUNDRED dollars; for a
second and each subsequent offense [he] SUCH PERSON shall be guilty of a
misdemeanor punishable by a fine of not less than one thousand FIVE
HUNDRED nor more than [three] FOUR thousand FIVE HUNDRED dollars or a
term of imprisonment of not more than six months or both. In addition to
or instead of these sanctions, any offender shall be punishable by being
ordered by the court to recall any sewage system cleaners or additives
sold or distributed in violation of article thirty-nine. The court shall
specify a reasonable time for the completion of the recall. Each offense
shall be a separate and distinct offense and, in the case of a continu-
ing offense, each day's continuance thereof shall be deemed a separate
and distinct offense.
§ 68. Section 71-3905 of the environmental conservation law, as added
by chapter 732 of the laws of 1980, is amended to read as follows:
§ 71-3905. Enforcement.
The attorney general or a district attorney, at the request of the
attorney general or the commissioner, may prosecute persons who violate
article thirty-nine. In addition the attorney general, on [his] THEIR
own initiative or at the request of the commissioner, shall have the
right to recover a civil penalty of not to exceed [three] FOUR thousand
FIVE HUNDRED dollars for every violation of any provision of said arti-
cle, and to seek equitable relief to restrain any violation or threat-
ened violation of such article and to require the recall of any sewage
system cleaners or additives sold or distributed in violation of said
article.
§ 69. Section 71-4001 of the environmental conservation law, as
amended by chapter 99 of the laws of 2010, is amended to read as
follows:
§ 71-4001. General criminal penalty.
Except as otherwise specifically provided elsewhere in this chapter or
in the penal law, (a) a person who violates any provision of this chap-
ter, or any rule, regulation or order promulgated pursuant thereto, or
the terms or conditions of any permit issued thereunder, shall be guilty
of a violation; (b) each day on which such violation occurs shall
constitute a separate violation; and (c) for each such violation the
person shall be subject upon conviction to imprisonment for not more
than fifteen days or to a fine of not more than [nine] ONE THOUSAND
THREE hundred FIFTY dollars, or to both such imprisonment and such fine.
§ 70. Section 71-4003 of the environmental conservation law, as
amended by chapter 99 of the laws of 2010, is amended to read as
follows:
§ 71-4003. General civil penalty.
Except as otherwise specifically provided elsewhere in this chapter, a
person who violates any provision of this chapter, or any rule, regu-
lation or order promulgated pursuant thereto, or the terms or conditions
of any permit issued thereunder, shall be liable to a civil penalty of
not more than one thousand FIVE HUNDRED dollars, and an additional civil
S. 3008--B 160
penalty of not more than one thousand FIVE HUNDRED dollars for each day
during which each such violation continues. Any civil penalty provided
for by this chapter may be assessed following a hearing or opportunity
to be heard.
§ 71. Section 71-4103 of the environmental conservation law, as
amended by chapter 608 of the laws of 1993, is amended to read as
follows:
§ 71-4103. Enforcement of article seventy-two.
Any person who violates any of the provisions of article seventy-two
of this chapter or the regulations promulgated thereunder shall be
liable for a civil penalty of up to one thousand FIVE HUNDRED dollars in
addition to any amount assessed as a penalty pursuant to subdivision
five of section 72-0201 of this chapter, except that any person who
fails to pay fees required pursuant to section 72-0303 of this chapter
shall be subject to penalty provisions pursuant to subdivision twelve of
section 72-0201 of this chapter.
§ 72. Section 71-4303 of the environmental conservation law, as added
by chapter 672 of the laws of 1986, is amended to read as follows:
§ 71-4303. Violations of article forty of this chapter.
1. Civil and administrative sanctions. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by, article
forty of this chapter or any rule or regulation promulgated thereunder,
or any terms or conditions of any certificate or permit issued pursuant
thereto, or any final determination or order of the commissioner made
pursuant to this title, shall be liable in the case of a civil penalty
not to exceed twenty-five thousand FIVE HUNDRED dollars and an addi-
tional penalty of not more than [twenty-five thousand] THIRTY-SEVEN
THOUSAND FIVE HUNDRED dollars for each day during which such violation
continues, to be assessed by the commissioner after an opportunity to be
heard pursuant to the provisions of section 71-1709 of this article or
by a court in any action or proceeding pursuant to this title, and, in
addition thereto such person may by similar process be enjoined from
continuing such violation. In addition, upon the provision of notice
stating the grounds for its action and giving an opportunity for hear-
ing, the commissioner may revoke, suspend or deny a certificate or a
renewal of a certificate issued pursuant to article forty of this chap-
ter. In the case of a second violation, the liability shall be for a
civil penalty not to exceed [fifty] SEVENTY-FIVE thousand dollars for
such violation and an additional penalty not to exceed [fifty] SEVENTY-
FIVE thousand dollars for each day during which such violation contin-
ues.
2. Criminal sanctions. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
article forty of this chapter or any rules or regulations promulgated
pursuant thereto, or any term or condition of any certificate or permit
issued pursuant thereto, or any final determination or order of the
commissioner made pursuant to this title shall be guilty of a misdemea-
nor and, upon conviction thereof, shall for a first conviction be
punished by a fine not to exceed [twenty-five] THIRTY-SEVEN thousand
FIVE HUNDRED dollars per day of violation or by imprisonment for a term
of not more than one year, or by both such fine and imprisonment. If the
conviction is for an offense committed after a first conviction of such
person under this subdivision, punishment shall be by a fine not to
exceed [fifty] SEVENTY-FIVE thousand dollars per day of violation, or by
S. 3008--B 161
imprisonment for not more than two years or by both such fine and impri-
sonment.
§ 73. Section 71-4402 of the environmental conservation law, as added
by chapter 180 of the laws of 1989, is amended to read as follows:
§ 71-4402. Violations of title 15 of article 27 of this chapter.
1. Civil and administrative sanctions.
Any person who violates any of the provisions of, or who fails to
perform any duty imposed by title 15 of article 27 of this chapter, or
any rule or regulation promulgated pursuant thereto, or any term or
condition of any certificate or permit issued pursuant thereto, or any
final determination or order of the commissioner made pursuant to this
title shall be liable in the case of a first violation, for a civil
penalty not to exceed [twenty-five] THIRTY-SEVEN thousand FIVE HUNDRED
dollars and an additional penalty of not more than [twenty-five] THIR-
TY-SEVEN thousand FIVE HUNDRED dollars for each day during which such
violation continues, to be assessed by the commissioner after an oppor-
tunity to be heard pursuant to the provisions of section 71-1709 of this
chapter, or by the court in any action or proceeding pursuant to section
71-2727 of this chapter, and, in addition thereto, such persons may by
similar process be enjoined from continuing such violation and any
permit or certificate issued to such person may be revoked or suspended
or a pending renewal application denied. In the case of a second and any
further violation, the liability shall be for a civil penalty not to
exceed [fifty] SEVENTY-FIVE thousand dollars for each such violation and
an additional penalty not to exceed [fifty] SEVENTY-FIVE thousand
dollars for each day during which such violation continues.
2. Criminal sanctions.
a. Any person who violates any of the provisions of or who fails to
perform any duty imposed by title 15 of article 27 of this chapter or
any rules and regulations promulgated pursuant thereto, or any term or
condition of any certificate or permit issued pursuant thereto, or any
final determination or order of the commissioner made pursuant to this
title shall be guilty of a violation and, upon conviction thereof, shall
be punished by a fine not to exceed [five] SEVEN thousand FIVE HUNDRED
dollars per day of violation, or by imprisonment for a term of not more
than fifteen days, or by both such fine and imprisonment.
b. Any person who, intentionally, knowingly, or recklessly shall
violate any of the provisions of or who fails to perform any duty
imposed by title 15 of article 27 of this chapter or any rules and regu-
lations promulgated pursuant thereto, or any term or condition of any
certificate or permit issued pursuant thereto, or any final determi-
nation or order of the commissioner made pursuant to this title shall be
guilty of a class B misdemeanor and, upon conviction thereof, shall for
a first conviction be punished by a fine not to exceed [fifteen] TWEN-
TY-TWO thousand FIVE HUNDRED dollars per day of violation or by impri-
sonment for a term of not more than ninety days, or both such fine and
imprisonment. If the conviction is for an offense committed after a
first conviction of such person under this paragraph, within the preced-
ing five years, such person shall be guilty of a class A misdemeanor and
upon conviction, punishment shall be by a fine not to exceed [fifty]
SEVENTY-FIVE thousand FIVE HUNDRED dollars per day of violation, or by
imprisonment for not more than one year or by both such fine and impri-
sonment.
§ 74. Subdivision 2 of section 71-4411 of the environmental conserva-
tion law, as added by chapter 180 of the laws of 1989, is amended to
read as follows:
S. 3008--B 162
2. Fines. A sentence to pay a fine shall be a sentence to pay any
amount fixed by the court, not exceeding the higher of:
(a) [one hundred fifty] TWO HUNDRED TWENTY-FIVE thousand dollars for a
class D felony;
(b) one hundred FIFTY thousand dollars for a class E felony;
(c) [fifty] SEVENTY-FIVE thousand dollars for a class A misdemeanor;
(d) [fifteen] TWENTY-TWO thousand FIVE HUNDRED dollars for a class B
misdemeanor; or
(e) double the amount of the defendant's gain from the commission of
the crime.
§ 75. The opening paragraph of subdivision 5 and subdivision 12 of
section 72-0201 of the environmental conservation law, the opening para-
graph of subdivision 5 as added by chapter 15 of the laws of 1983, and
subdivision 12 as added by chapter 608 of the laws of 1993, are amended
to read as follows:
If the amount of the fee is not paid within forty-five days of the
last date prescribed under subdivision four of this section, a penalty
shall be imposed on such deficiency. The amount of such penalty shall
not exceed [five] SEVEN AND ONE HALF percent of such deficiency per
month and the total penalty shall not exceed twenty-five percent of the
deficiency.
12. Notwithstanding any other provision of this section, any person
who fails to pay fees required pursuant to section 72-0303 of this arti-
cle shall pay a penalty of [fifty] SEVENTY-FIVE per centum of the unpaid
fee amount, plus interest on the unpaid fee amount computed in accord-
ance with section 6621(a)(2) of the United States internal revenue code
of 1986 (Public Law 99-514, 26 U.S.C. section 1 et seq.) from the date
the fee was required to be paid.
§ 76. Subdivisions 2 and 3 of section 57-0136 of the environmental
conservation law, as amended by chapter 289 of the laws of 2006, are
amended to read as follows:
2. Civil penalties. (a) For a violation that takes place in the "core
preservation area" as defined in subdivision eleven of section 57-0107
of this title, any person who violates any provision of this title, the
land use plan adopted by the commission, any regulation promulgated by
the commission, or the terms or conditions of any order, permit, or
determination issued by the commission pursuant to this title shall be
liable for a civil penalty of not more than [twenty-five thousand] THIR-
TY-SEVEN THOUSAND FIVE HUNDRED dollars for each violation and an addi-
tional civil penalty of not more than one thousand FIVE HUNDRED dollars
for each day that such violation continues.
(b) For a violation that takes place in the "compatible growth area"
as defined in subdivision twelve of section 57-0107 of this title, any
person who violates any provision of this title, the land use plan
adopted by the commission, any regulation promulgated by the commission,
or the terms or conditions of any order, permit, or determination issued
by the commission pursuant to this title shall be liable for a civil
penalty of not more than [ten] FIFTEEN thousand dollars for each
violation and an additional civil penalty of not more than one thousand
FIVE HUNDRED dollars for each day that such violation continues.
3. Criminal penalties. (a) For a violation that takes place in the
"core preservation area" as defined in subdivision eleven of section
57-0107 of this title, any person who willfully or intentionally
violates any provision of this title, the land use plan adopted by the
commission, any regulation promulgated by the commission, or the terms
or conditions of any order, permit, or determination issued by the
S. 3008--B 163
commission pursuant to this title shall be guilty of a misdemeanor
punishable by a fine of not more than [twenty-five thousand] THIRTY-SEV-
EN THOUSAND FIVE HUNDRED dollars for each violation and an additional
fine of not more than one thousand FIVE HUNDRED dollars for each day
that such violation continues.
(b) For a violation that takes place in the "compatible growth area"
as defined in subdivision twelve of section 57-0107 of this title, any
person who willfully or intentionally violates any provision of this
title, the land use plan adopted by the commission, any regulation
promulgated by the commission, or the terms or conditions of any order,
permit, or determination issued by the commission pursuant to this title
shall be guilty of a misdemeanor punishable by a fine of not more than
[ten] FIFTEEN thousand dollars for each violation and an additional fine
of not more than one thousand FIVE HUNDRED dollars for each day that
such violation continues.
§ 77. Subdivision 1 of section 37-0211 of the environmental conserva-
tion law, as added by chapter 286 of the laws of 1990, such section as
renumbered by chapter 307 of the laws of 2020, is amended to read as
follows:
1. A violation of any of the provisions of this title or any rule or
regulation promulgated pursuant thereto shall be punishable in the case
of a first violation, by a civil penalty not to exceed [ten] FIFTEEN
thousand dollars. In the case of a second and any further violation, the
liability shall be for a civil penalty not to exceed [twenty-five thou-
sand] THIRTY-SEVEN THOUSAND FIVE HUNDRED dollars for each violation.
§ 78. Section 33-0925 of the environmental conservation law, as
amended by chapter 43 of the laws of 2007, is amended to read as
follows:
§ 33-0925. Sanctions.
Notwithstanding any other provision of law or regulation pursuant to
this title and/or any provision of this article as it relates to the
application of aquatic antifouling paints, any person who violates any
provision of this title or any rule, regulation or order issued there-
under shall be liable to the people of this state for a civil penalty of
up to one thousand FIVE HUNDRED dollars for a first violation to be
assessed by the commissioner after a hearing or opportunity to be heard.
In determining the amount of the penalty, the commissioner shall take
into account whether the violation posed an immediate threat to the
environment or the health and safety of the public. Any subsequent
violation of this title and/or any provision of this article as it
relates to the application of aquatic antifouling paints would be
subject to the appropriate sanctions pursuant to sections 71-2907 and
71-2911 of this chapter.
§ 79. Subdivisions 1, 2 and 3 of section 27-1809 of the environmental
conservation law, as added by chapter 562 of the laws of 2010, are
amended to read as follows:
1. Any person who violates the provisions of section 27-1805 of this
title shall be liable for a civil penalty in the amount of [fifty]
SEVENTY-FIVE dollars for the first violation, one hundred FIFTY dollars
for a second violation committed within twelve months of a prior
violation and [two] THREE hundred dollars for a third or subsequent
violation committed within twelve months of any prior violation.
2. Any retailer as that term is defined in section 27-1803 of this
title, who violates the provisions of section 27-1807 of this title
shall be liable for a civil penalty in the amount of [two] THREE hundred
dollars for the first violation, [four] SIX hundred dollars for a second
S. 3008--B 164
violation committed within twelve months of a prior violation, and [five
hundred] SEVEN HUNDRED FIFTY dollars for a third or subsequent violation
committed within twelve months of any prior violation.
3. Any battery manufacturer, as that term is defined in section
27-1803 of this title, who violates the provisions of section 27-1807 of
this title shall be liable for a civil penalty in the amount of [two]
THREE thousand dollars for the first violation, [four] SIX thousand
dollars for a second violation committed within twelve months of a prior
violation, and [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars for a
third or subsequent violation committed within twelve months of any
prior violation.
§ 80. Paragraph a of subdivision 9 of section 27-1012 of the environ-
mental conservation law, as added by section 8 of part SS of chapter 59
of the laws of 2009, is amended to read as follows:
a. Any person required to be registered under this section who, with-
out being so registered, sells or offers for sale beverage containers in
this state, in addition to any other penalty imposed by this title,
shall be subject to a penalty to be assessed by the commissioner of
taxation and finance in an amount not to exceed [five hundred] SEVEN
HUNDRED FIFTY dollars for the first day on which such sales or offers
for sale are made, plus an amount not to exceed [five hundred] SEVEN
HUNDRED FIFTY dollars for each subsequent day on which such sales or
offers for sale are made, not to exceed [twenty-five thousand] THIRTY-
SEVEN THOUSAND FIVE HUNDRED dollars in the aggregate.
§ 81. Subdivisions 1, 2, 3 and 4 of section 27-1015 of the environ-
mental conservation law, as amended by section 8 of part F of chapter 58
of the laws of 2013, are amended to read as follows:
1. Except as otherwise provided in this section and section 27-1012 of
this title, any person who shall violate any provision of this title
shall be liable to the state of New York for a civil penalty of not more
than [five hundred] SEVEN HUNDRED FIFTY dollars, and an additional civil
penalty of not more than [five hundred] SEVEN HUNDRED FIFTY dollars for
each day during which each such violation continues. Any civil penalty
may be assessed following a hearing or opportunity to be heard.
2. Any distributor, deposit initiator, redemption center or dealer who
violates any provision of this title, except as provided in section
27-1012 of this title, shall be liable to the state of New York for a
civil penalty of not more than one thousand FIVE HUNDRED dollars, and an
additional civil penalty of not more than one thousand FIVE HUNDRED
dollars for each day during which each such violation continues. Any
civil penalty may be assessed following a hearing or opportunity to be
heard.
3. It shall be unlawful for a distributor or deposit initiator, acting
alone or aided by another, to return any empty beverage container to a
dealer or redemption center for its refund value if the distributor or
deposit initiator had previously accepted such beverage container from
any dealer or operator of a redemption center or if such container was
previously accepted by a reverse vending machine. A violation of this
subdivision shall be a misdemeanor punishable by a fine of not less than
[five hundred] SEVEN HUNDRED FIFTY dollars nor more than one thousand
FIVE HUNDRED dollars and an amount equal to two times the amount of
money received as a result of such violation.
4. Any person who willfully tenders to a dealer, distributor, redemp-
tion center or deposit initiator more than forty-eight empty beverage
containers for which such person knows or should reasonably know that no
deposit was paid in New York state may be assessed by the department a
S. 3008--B 165
civil penalty of up to one hundred FIFTY dollars for each container or
up to [twenty-five thousand] THIRTY-SEVEN THOUSAND FIVE HUNDRED dollars
for each such tender of containers. At each location where a person
tenders containers for redemption, dealers and redemption centers must
conspicuously display a sign in letters that are at least one inch in
height with the following information: "WARNING: Persons tendering for
redemption containers on which a deposit was never paid in this state
may be subject to a civil penalty of up to one hundred FIFTY dollars per
container or up to [twenty-five thousand] THIRTY-SEVEN THOUSAND FIVE
HUNDRED dollars for each such tender of containers." Any civil penalty
may be assessed following a hearing or opportunity to be heard.
§ 82. Subdivision 1 of section 27-2807 of the environmental conserva-
tion law, as added by section 2 of part H of chapter 58 of the laws of
2019, is amended to read as follows:
1. Any person required to collect tax who violates any provision of
section 27-2803 of this title shall receive a warning notice for the
first such violation. A person required to collect tax shall be liable
to the state of New York for a civil penalty of [two hundred fifty]
THREE HUNDRED SEVENTY-FIVE dollars for the first violation after receiv-
ing a warning and [five hundred] SEVEN HUNDRED FIFTY dollars for any
subsequent violation in the same calendar year. For purposes of this
section, each commercial transaction shall constitute no more than one
violation. A hearing or opportunity to be heard shall be provided prior
to the assessment of any civil penalty.
§ 83. Subdivision 1 of section 27-3205 of the environmental conserva-
tion law, as added by chapter 734 of the laws of 2021, is amended to
read as follows:
1. A hotel that violates a provision of this title shall receive a
warning notice for the first such violation, detailing the hotel's
requirement to correct the violation within thirty days from the date
the notice is sent. A hotel shall be liable to the state for a civil
penalty of [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars for
the first violation after receiving a warning and failing to correct the
violation within thirty days and [five hundred] SEVEN HUNDRED FIFTY
dollars for any subsequent violation in the same calendar year. A hear-
ing or opportunity to be heard shall be provided prior to the assessment
of any civil penalty.
§ 84. Section 27-3317 of the environmental conservation law, as
amended by chapter 82 of the laws of 2023, is amended to read as
follows:
§ 27-3317. Penalties.
Any producer, representative organization, or retailer who violates
any provision of or fails to perform any duty imposed pursuant to this
title shall be liable for a civil penalty not to exceed [five hundred]
SEVEN HUNDRED FIFTY dollars for each violation and an additional penalty
of not more than [five hundred] SEVEN HUNDRED FIFTY dollars for each day
during which such violation continues. Civil penalties shall be
assessed by the department after a hearing or opportunity to be heard
pursuant to the provisions of section 71-1709 of this chapter.
§ 85. Subdivision 6 of section 27-3309 of the environmental conserva-
tion law, as added by chapter 795 of the laws of 2022, is amended to
read as follows:
6. Starting four years after the plan is approved by the department
pursuant to this section, the department shall impose a penalty of
[twenty-five] THIRTY-EIGHT cents per pound to be assessed on the produc-
er or representative organization for the number of additional pounds of
S. 3008--B 166
carpet that would have needed to be recycled through the program to
achieve the performance goals specified in the approved stewardship
plan. All penalties collected pursuant to this section shall be paid
over to the commissioner for deposit to the environmental protection
fund established pursuant to section ninety-two-s of the state finance
law.
§ 86. Subdivision 4 of section 23-1715 of the environmental conserva-
tion law, as amended by chapter 233 of the laws of 1979, is amended to
read as follows:
4. In the event of the failure of the holder of an environmental safe-
ty permit issued under section 23-1707 OF THIS TITLE, of route certif-
ication under section 23-1713 OF THIS TITLE, or of a non-conforming
facility under section 23-1719 OF THIS TITLE to comply with the terms
thereof or the provisions of the rules and regulations adopted under
article 70 of this chapter, the department may revoke said permit or
certificate pursuant to the provisions of article 70 of this chapter and
impose upon the holder of such permit or certificate a civil penalty of
up to one thousand FIVE HUNDRED dollars for each day the holder thereof
has failed to comply with this title or a permit or certificate issued
hereunder, together with the allocated costs of the revocation and
enforcement proceeding itself.
§ 87. Subdivisions 4 and 5 of section 19-0320 of the environmental
conservation law, as added by chapter 621 of the laws of 1998, the open-
ing paragraph of subdivision 4 as amended by section 1 and the opening
paragraph of subdivision 5 as amended by section 2 of part W1 of chapter
62 of the laws of 2003, are amended to read as follows:
4. Notwithstanding the provisions of title twenty-one of article
seventy-one of this chapter, operation of a heavy duty vehicle which,
when tested, exceeds emission levels set forth in regulations promulgat-
ed pursuant to this section shall be a violation, and the following
penalties shall apply to any violation found as a result of roadside
emissions inspections:
a. First violation: [$ 700.00] $1050.00
Second and subsequent violations: [$1300.00] $1950.00.
b. The penalties set forth in paragraph a of this subdivision shall be
reduced to [one hundred fifty] TWO HUNDRED TWENTY-FIVE dollars for the
first violation and [five hundred] SEVEN HUNDRED FIFTY dollars for the
second and subsequent violations by the court or administrative tribunal
before which the summons or appearance ticket is returnable if the
violation set forth in the summons or appearance ticket is corrected not
later than thirty days after the issuance of the summons or appearance
ticket and proof of such correction, as defined in paragraph c of this
subdivision, is submitted to the court or administrative tribunal. The
penalties described in this section shall not apply to vehicles defined
by section one hundred forty-two of the vehicle and traffic law or owned
by a county, town, city, or village for a first violation provided the
vehicle is repaired within thirty days of ticket issuance.
c. Acceptable proof of repair or adjustment shall be submitted to the
court or administrative tribunal on or before the return date of the
summons or appearance ticket in a form and manner prescribed by regu-
lations adopted pursuant to this section.
5. Notwithstanding the provisions of title twenty-one of article
seventy-one of this chapter, operation of any heavy duty vehicle regis-
tered or required to be registered in this state without a certificate
of inspection resulting from an annual inspection as required by regu-
S. 3008--B 167
lations adopted pursuant to this section shall be a violation, and the
following violation structure shall apply to such violations:
a. First violation: [$ 700.00] $1050.00
Second and subsequent violations: [$1300.00] $1950.00.
b. The penalties defined in paragraph a of this subdivision shall be
reduced to [three hundred fifty] FIVE HUNDRED TWENTY-FIVE dollars for
the first violation and [seven hundred fifty] ONE THOUSAND ONE HUNDRED
TWENTY-FIVE dollars for second and subsequent violations, provided that
the vehicle in question bears a certificate which was valid within the
last thirty days. The penalties described in this section shall not
apply to vehicles defined by section one hundred forty-two or owned by a
county, town, city, or village of the vehicle and traffic law for a
first violation provided the vehicle is repaired within thirty days of
ticket issuance.
§ 88. Subdivision 6 of section 17-1745 of the environmental conserva-
tion law, as added by chapter 199 of the laws of 1999, is amended to
read as follows:
6. Penalties. Failure to comply with the provisions of this section
shall result in fines of [two hundred fifty] THREE HUNDRED SEVENTY-FIVE
dollars per day for each violation.
§ 89. Section 15-2723 of the environmental conservation law, as
amended by chapter 613 of the laws of 1975, is amended to read as
follows:
§ 15-2723. Penalties and enforcement.
Any person who violates any provision of this title or any regulation
or order issued pursuant to this act by the commissioner or the agency
may be compelled to comply with or obey the same by injunction, mandamus
or other appropriate remedy. In addition, any such person shall pay a
civil penalty of not less than one hundred FIFTY dollars or more than
one thousand FIVE HUNDRED dollars for each day of such violation. The
commissioner or the agency as the case may be, is authorized to commence
a civil action to recover such civil penalties or other appropriate
relief.
§ 90. Subdivision 2 of section 11-1209 of the environmental conserva-
tion law, as added by chapter 726 of the laws of 1977, is amended to
read as follows:
2. Whoever shall hunt while in an intoxicated condition or while [his]
THEIR ability to hunt is impaired by the use of a drug shall be guilty
of a misdemeanor, punishable by imprisonment in a penitentiary or county
jail for not more than one year, or by a fine of not more than [five
hundred] SEVEN HUNDRED FIFTY dollars, or by both such fine and imprison-
ment.
§ 91. Subdivision 3 of section 11-0538 of the environmental conserva-
tion law, as added by chapter 307 of the laws of 2014, is amended to
read as follows:
3. Any person who violates the provisions of this section shall be
subject to a penalty of not more than [five hundred] SEVEN HUNDRED FIFTY
dollars for the first offense and not more than one thousand FIVE
HUNDRED dollars for a second and subsequent offenses. Each instance of
allowing direct contact of a big cat with the public in violation of
this section shall constitute a separate offense.
§ 92. Subdivision 9 of section 11-0512 of the environmental conserva-
tion law, as amended by chapter 326 of the laws of 2012, is amended to
read as follows:
9. Notwithstanding any other provision of law, any person who knowing-
ly breeds a wild animal or knowingly possesses, owns, harbors, sells,
S. 3008--B 168
barters, transfers, exchanges, or imports a wild animal for use as a pet
or intentionally releases or sets at-large any wild animal, authorized
by this section for use as a pet, from the location where the animal is
permitted to be possessed or harbored in violation of the provisions of
this section shall be subject to a penalty of not more than [five
hundred] SEVEN HUNDRED FIFTY dollars for the first offense and not more
than one thousand FIVE HUNDRED dollars for a second and subsequent
offenses. Each instance of breeding, owning, harboring, sale, barter,
release, transfer, exchange, or import of a wild animal in violation of
this section shall constitute a separate offense.
§ 93. Subdivision 3 of section 9-1503 of the environmental conserva-
tion law, as amended by chapter 222 of the laws of 1976, is amended to
read as follows:
3. No person shall, in any area designated by such list or lists,
knowingly pick, pluck, sever, remove, damage by the application of
herbicides or defoliants or carry away, without the consent of the owner
thereof, any protected plant. An offense under this section shall be a
violation, punishable by a fine of not to exceed [twenty-five dollars]
THIRTY-SEVEN DOLLARS AND FIFTY CENTS.
§ 94. This act shall take effect on the ninetieth day after it shall
have become a law.
PART III
Section 1. Short title. This act shall be known and may be cited as
the "harmful algal bloom monitoring and prevention act".
§ 2. Legislative findings and declarations. The legislature finds that
the state of New York has a responsibility to maintain the health and
safety of its abundant clean water resources, upon which the residents
of New York state, as well as its many visitors, rely on for drinking,
agriculture, tourism, recreation, and their livelihoods. Because the
waters of the state are under threat by harmful algal blooms (HABS),
which are known to be toxic and even fatal to humans, pets, and wild-
life, the state has a responsibility to provide coordinated, statewide
monitoring, evaluation, prevention and mitigation, going beyond water
body-specific data collection and isolated mitigation efforts. While the
causes of HABS are complex and varied, with a coordinated and standard-
ized approach to monitoring and evaluation, patterns can more readily be
identified to isolate the combination of relevant causes specific to
different bodies of water across the state and determine the most effec-
tive targeted interventions. To address this threat, the state must
develop and maintain a comprehensive state clearinghouse to bring
together existing and new available statewide cross-sectional and longi-
tudinal data and information on harmful algal blooms, potential and
known causes, best practice interventions, expertise, and funding
resources. This data and subsequent report will enable the state to
effectively and efficiently administer a central grant program support-
ing data-driven best practices in prevention and mitigation of harmful
algal blooms.
§ 3. The environmental conservation law is amended by adding a new
section 15-0519 to read as follows:
§ 15-0519. HARMFUL ALGAL BLOOM MONITORING AND PREVENTION PROGRAM.
1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
A. "HARMFUL ALGAL BLOOMS" SHALL MEAN GROWTHS OF BLOOMS OF ALGAL
SPECIES PRESENT IN FRESH OR SALT WATER THAT CAN PRODUCE TOXINS THAT ARE
S. 3008--B 169
HARMFUL TO PUBLIC HEALTH, THE ECONOMY, OR RECREATIONAL ENJOYMENT, OR
THAT CAN IMPAIR WATER QUALITY AND THE NATURAL ECOLOGY THEREIN.
B. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
C. "WATERS OF THE STATE" MEANS ALL WATERWAYS, OR BODIES OF WATER
LOCATED WITHIN NEW YORK STATE OR THAT PART OF ANY BODY OF WATER WHICH IS
ADJACENT TO NEW YORK STATE OVER WHICH THE STATE HAS TERRITORIAL JURIS-
DICTION.
2. COMPREHENSIVE STATEWIDE DATA COLLECTION CONSOLIDATION AND ANALYSIS;
REPORT. A. THE COMMISSIONER SHALL DEVELOP A PROGRAM TO FURTHER THE
COMPREHENSIVE AND CONSISTENT COLLECTION, CONSOLIDATION, ANALYSIS AND
META-ANALYSIS OF STATEWIDE DATA RELATING TO THE MONITORING, EVALUATION,
PREVENTION, AND MITIGATION OF HARMFUL ALGAL BLOOM OUTBREAKS. THE COMMIS-
SIONER SHALL PROVIDE GUIDELINES FOR THE SUBMISSION OF EXISTING AND
HISTORICAL HARMFUL ALGAL BLOOM MONITORING, EVALUATION, MITIGATION, AND
PREVENTION DATA AND STRATEGIES FROM RELEVANT INSTITUTIONS, ORGANIZA-
TIONS, AND INDIVIDUALS WITH EXPERIENCE IN PEER-REVIEWED RESEARCH, GRANT-
MAKING, OR OTHER LIKE ACTIVITIES IN THE AREA OF WATER QUALITY RELATING
TO THE MONITORING, EVALUATION, PREVENTION, AND MITIGATION OF HARMFUL
ALGAL BLOOM OUTBREAKS, INCLUDING BUT NOT LIMITED TO RESEARCH PROGRAMS,
CLINICS, LABS, AND PROJECT MANAGEMENT.
B. THE DATA COLLECTED, CONSOLIDATED, AND ANALYZED SHALL CONSIST OF
ELEMENTS INCLUDING BUT NOT LIMITED TO LONGITUDINAL DATA ON THE INCIDENCE
OF HARMFUL ALGAL BLOOMS, CONTEXTUAL FACTORS THOUGHT TO BE ASSOCIATED
WITH THE INCIDENCE OF HARMFUL ALGAL BLOOMS SUCH AS WATER TEMPERATURE,
TURBIDITY, FLOW RATE, SALINITY, NUTRIENT LEVELS FOR PHOSPHORUS AND
NITROGEN, ACIDITY (PH), DISSOLVED OXYGEN LEVELS, MONITORING AND EVALU-
ATION OF WATERS OF THE STATE THAT DO NOT CONTAIN HARMFUL ALGAL BLOOMS,
AND RESULTS OF HARMFUL ALGAL BLOOM INTERVENTIONS IN NEW YORK STATE.
C. THE DATA COLLECTED, CONSOLIDATED, AND ANALYZED SHALL MEET A STAND-
ARD THAT IS CONSISTENT WITH THE PRACTICES AND EXPERTISE OF INSTITUTIONS,
ORGANIZATIONS, OR INDIVIDUALS WITH EXPERIENCE IN PEER-REVIEWED RESEARCH,
GRANTMAKING, OR OTHER LIKE ACTIVITIES IN THE AREA OF WATER QUALITY
RELATING TO THE MONITORING, EVALUATION, PREVENTION, AND MITIGATION OF
HARMFUL ALGAL BLOOM OUTBREAKS, INCLUDING BUT NOT LIMITED TO RESEARCH
PROGRAMS, CLINICS, LABS, AND PROJECT MANAGEMENT.
D. THE DEPARTMENT SHALL ANNUALLY PUBLISH AND UPDATE A LIST OF VETTED
BEST PRACTICE STRATEGIES FOR HARMFUL ALGAL BLOOM MONITORING, EVALUATION,
PREVENTION, AND MITIGATION, WHICH SHALL BE DIFFERENTIATED BY REGION OR
WATER BODY WITH UNIQUE CONFIRMED CAUSAL PATHWAYS FOR THE RELATED HARMFUL
ALGAL BLOOM OUTBREAK TRENDS. SUCH STRATEGIES SHALL BE SUPPORTED BY FIND-
INGS OF THE HARMFUL ALGAL BLOOM DATABASE CREATED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION, AS WELL AS EXTERNAL EVALUATION, INCLUDING BUT NOT
LIMITED TO STRATEGIES APPROVED BY THE FEDERAL ENVIRONMENTAL PROTECTION
AGENCY, CERTIFICATION THAT SUCH STRATEGIES MEET OR EXCEED THE AMERICAN
NATIONAL STANDARDS FOR HEALTH EFFECTS OF DRINKING WATER TREATMENT CHEMI-
CALS (NSF/ANSI/CAN-60), OR TESTING FOR EFFICACY BY CENTER OF EXCELLENCE
IN HEALTHY WATER SOLUTIONS. THE DEPARTMENT SHALL PUBLISH SUCH LIST AND
FINDINGS SUPPORTING THE STRATEGIES ON SUCH LIST ON THE DEPARTMENT'S
WEBSITE.
E. NO LATER THAN FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE
AND MARKETS, SHALL PREPARE A REPORT PROVIDING COMPREHENSIVE ANALYSIS AND
META-ANALYSIS OF THE DATA COLLECTED PURSUANT TO THIS SECTION, INCLUDING
FINDINGS AND RECOMMENDATIONS FOR ESTABLISHING, MAINTAINING, AND IMPROV-
ING UPON A COORDINATED SYSTEM OF MONITORING, EVALUATION, PREVENTION, AND
S. 3008--B 170
MITIGATION OF HARMFUL ALGAL BLOOM OUTBREAKS ACROSS NEW YORK STATE. THE
DEPARTMENT SHALL:
I. UPDATE THE REPORT AT LEAST ONCE EVERY FIVE YEARS AFTER THE INITIAL
COMPLETION OF THE REPORT;
II. MAKE THE REPORT PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE;
III. HOLD AT LEAST SIX REGIONAL PUBLIC COMMENT HEARINGS ON THE DRAFT
REPORT AND SUBSEQUENT UPDATES TO THE REPORT, INCLUDING THREE MEETINGS IN
THE UPSTATE REGION AND THREE MEETINGS IN THE DOWNSTATE REGION, AND SHALL
ALLOW AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF PUBLIC
COMMENT;
IV. PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC COMMENT FROM ALL
SEGMENTS OF THE POPULATIONS THAT LIVE NEAR, OR ARE RELIANT UPON FOR
DRINKING, RECREATION, OR ECONOMIC ACTIVITY, THE WATERS OF THE STATE
INCLUDED IN THE REPORT;
V. SEEK OUT INPUT FROM INSTITUTIONS OR ORGANIZATIONS WITH RELEVANT
EXPERTISE, CITIZEN SCIENTISTS, AND LABS TESTING WATER QUALITY IN
RELATION TO HARMFUL ALGAL BLOOMS;
VI. IDENTIFY THE MAGNITUDE OF HARMFUL ALGAL BLOOMS ACROSS THE STATE
AND MAKE RECOMMENDATIONS ON REGULATORY MEASURES AND OTHER STATE OR LOCAL
ACTIONS TO MONITOR, EVALUATE, PREVENT, OR MITIGATE HARMFUL ALGAL BLOOMS,
INCLUDING EXISTING OPPORTUNITIES FOR COORDINATION OF FEDERAL, STATE,
MUNICIPAL, AND NON-GOVERNMENTAL ORGANIZATIONS;
VII. IDENTIFY BEST PRACTICES, TECHNOLOGY, AND AVAILABLE FEDERAL,
STATE, MUNICIPAL, OR PRIVATE FUNDING FOR AND EXISTING EFFORTS IN MONI-
TORING, EVALUATING, PREVENTING, AND MITIGATING HARMFUL ALGAL BLOOMS; AND
VIII. IDENTIFY THE CURRENT NEED IN SPECIFIC BODIES OF WATER FOR THE
ESTABLISHMENT OF PROGRAMS OR ORGANIZATIONS TO FURTHER THE MONITORING,
EVALUATION, PREVENTION, AND MITIGATION OF HARMFUL ALGAL BLOOMS, AND THE
COSTS THEREFOR.
3. HARMFUL ALGAL BLOOM DATABASE. A. THE COMMISSIONER SHALL ESTABLISH
AND MAINTAIN A WEBSITE PROVIDING PUBLIC ACCESS TO A HARMFUL ALGAL BLOOM
DATABASE WHICH SHALL CONTAIN ALL RELEVANT DATA, RESEARCH, AND REPORTING
REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
B. SUCH DATABASE, AND ANALYSIS OF THE COMPREHENSIVE STATEWIDE DATA
THEREIN, SHALL SUPPORT THE COORDINATION OF EFFORTS ACROSS THE STATE TO
MONITOR, EVALUATE, PREVENT, AND MITIGATE HARMFUL ALGAL BLOOMS, AND SHALL
INCLUDE, BUT NOT BE LIMITED TO:
I. THE GEOLOCATION OF HARMFUL ALGAL BLOOM OUTBREAKS, AND EFFORTS TO
MONITOR, EVALUATE, PREVENT, AND MITIGATE SUCH OUTBREAKS;
II. EXISTING RESEARCH, ANALYSIS, OR REPORTS RELATING TO OUTBREAKS OF
HARMFUL ALGAL BLOOMS IN THE WATERS OF THE STATE AND THE CAUSES OF SUCH
OUTBREAKS;
III. KNOWN OR DEVELOPING STRATEGIES AND BEST PRACTICES OF STATE,
MUNICIPAL, AND NON-GOVERNMENTAL ORGANIZATIONS THAT MONITOR, EVALUATE,
PREVENT, OR MITIGATE HARMFUL ALGAL BLOOM OUTBREAKS, THE RESPECTIVE
WATERS OF THE STATE IN WHICH SUCH STRATEGIES AND BEST PRACTICES HAVE
BEEN CONDUCTED, AND THE GEOLOCATIONS OF SUCH WATERS;
IV. AVAILABLE SOURCES OF FINANCING FOR ALGAL BLOOM MONITORING, EVALU-
ATION, PREVENTION, AND MITIGATION, INCLUDING FEDERAL, STATE, MUNICIPAL,
AND/OR PRIVATE FUNDING, GRANTS, OR OTHER MONIES; AND
V. INFORMATION ON INSTITUTIONS WITH EXPERTISE IN PEER-REVIEWED GRANT-
MAKING AND RESEARCH IN THE AREA OF WATER QUALITY AND/OR HARMFUL ALGAL
BLOOMS, INCLUDING BUT NOT LIMITED TO THE NEW YORK SEA GRANT AT STONY
BROOK UNIVERSITY, THE NEW YORK WATER RESOURCE INSTITUTE AT CORNELL
UNIVERSITY, THE CENTER OF EXCELLENCE IN HEALTHY WATER SOLUTIONS, THE
BUREAU OF WATER SUPPLY PROTECTION, THE NEW YORK CITY DEPARTMENT OF ENVI-
S. 3008--B 171
RONMENTAL PROTECTION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, COMMU-
NITY-BASED NONPROFIT ORGANIZATIONS WITH MISSIONS THAT SPECIFICALLY
INVOLVE MONITORING, EVALUATING, MITIGATING, OR PREVENTING HARMFUL ALGAL
BLOOMS, AND ANY OTHER INSTITUTION OR ORGANIZATION PROVIDING DATA
COMPILED PURSUANT TO THIS SECTION, AND THE CONTACT INFORMATION, RELEVANT
RESEARCH PROGRAMS, CLINICS, LABS, AND PUBLISHED RESEARCH OF SUCH INSTI-
TUTIONS.
4. RULES AND REGULATIONS. THE COMMISSIONER SHALL, IN A MANNER WHICH IS
COORDINATED WITH AND SUPPORTS EFFORTS BY FEDERAL, STATE, MUNICIPAL, AND
NON-GOVERNMENTAL ORGANIZATIONS, PROMULGATE RULES AND REGULATIONS TO:
A. LIMIT THE CAUSES OF HARMFUL ALGAL BLOOM OUTBREAKS; AND
B. MONITOR AND MITIGATE HARMFUL ALGAL BLOOM OUTBREAKS.
5. PROGRAM DEVELOPMENT. THE COMMISSIONER SHALL ESTABLISH AND SUPPORT
NEW AND EXISTING PROGRAMS AND ORGANIZATIONS RELEVANT TO THE HEALTH OF
WATERS OF THE STATE THAT HAVE NOT IMPLEMENTED STRATEGIES TO MONITOR,
EVALUATE, PREVENT, OR MITIGATE HARMFUL ALGAL BLOOM OUTBREAKS.
6. HARMFUL ALGAL BLOOM GRANT PROGRAM. IN ADDITION TO THE FINANCING TO
BE IDENTIFIED PURSUANT TO SUBPARAGRAPH IV OF PARAGRAPH B OF SUBDIVISION
THREE OF THIS SECTION:
A. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF AGRICUL-
TURE AND MARKETS, THE COMMISSIONER OF HEALTH, AND THE PRESIDENT OF THE
EMPIRE STATE DEVELOPMENT CORPORATION, SHALL ESTABLISH A HARMFUL ALGAL
BLOOM GRANT PROGRAM WHICH SHALL PROVIDE FUNDING TO MUNICIPALITIES,
INTERMUNICIPAL ORGANIZATIONS, COMMUNITY-BASED NONPROFITS, OR ACADEMIC
INSTITUTIONS FOR THE DEPLOYMENT OF HARMFUL ALGAL BLOOM MONITORING, EVAL-
UATION, PREVENTION, AND MITIGATION STRATEGIES AND BEST PRACTICES.
B. THE PROGRAM SHALL REQUIRE THAT APPLICANTS FOR THE HARMFUL ALGAL
BLOOM GRANT PROGRAM CONDUCT AND SUBMIT A STUDY, AS PART OF THEIR APPLI-
CATION, ASSESSING THE MOST APPROPRIATE MITIGATION AND PREVENTION STRATE-
GIES FOR RELEVANT WATERS OF THE STATE AND BEST PRACTICES THEREFOR, AS
INFORMED BY THE HARMFUL ALGAL BLOOM DATABASE CREATED PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION.
C. IN DETERMINING WHICH APPLICANTS SHALL BE AWARDED GRANTS PURSUANT TO
THIS SUBDIVISION, FIRST PREFERENCE SHALL BE GIVEN TO APPLICANTS WHO
PROPOSE STRATEGIES THAT INCORPORATE PRINCIPLES OF LEAST HARM AND GREAT-
EST SAFETY TO APPLICATORS, THE PUBLIC, AND THE ENVIRONMENT, AND UTILIZE
PASSIVE OR NON-CHEMICAL PHYSICAL CONTROLS, INCLUDING BUT NOT LIMITED TO:
I. AERATION;
II. HYDROLOGICAL MANIPULATIONS;
III. MECHANICAL MIXING;
IV. RESERVOIR DRAWDOWN OR DESICCATION;
V. SURFACE SKIMMING;
VI. ULTRASOUND; OR
VII. OTHER EMERGING TECHNOLOGIES, AS APPROVED BY THE DEPARTMENT.
D. IN DETERMINING WHICH APPLICANTS SHALL BE AWARDED GRANTS PURSUANT TO
THIS SUBDIVISION, SECOND PREFERENCE SHALL BE GIVEN TO APPLICANTS WHO
DEMONSTRATE EXPERTISE WITH PREVIOUS EXPERIENCE TREATING WATER BODIES IN
THE UNITED STATES LARGER THAN ONE THOUSAND ACRES, WITH PROVEN SUCCESS
USING ACCEPTED STRATEGIES, INCLUDING BUT NOT LIMITED TO STRATEGIES THAT:
I. ARE AIMED AT REDUCING CYANOTOXINS IN THE WATER TO LESS THAN HARMFUL
LEVELS;
II. EMPLOY READY-TO-USE TECHNOLOGY THAT IS MEANS TESTED, REPRODUCIBLE,
AND GENERALIZABLE, WITHOUT LIMITATION OF SIZE OR SHAPE OF THE WATER
BODY;
III. EMPLOY TECHNOLOGY WHICH ALLOWS FOR APPLICATION UNDER EMERGENCY
SITUATIONS AND WITHIN LESS THAN NINETY-SIX HOURS FROM APPROVAL;
S. 3008--B 172
IV. UTILIZE PRODUCTS THAT ARE MODULAR AND CAN BE USED AS A PREVENTA-
TIVE MEASURE;
V. UTILIZE PRODUCTS THAT ARE QUICK AND EASY TO APPLY AND ARE GENERALLY
RECOGNIZED AS SAFE TO THE APPLICATOR, PUBLIC, AND ENVIRONMENT;
VI. UTILIZE PRODUCTS THAT FLOAT ON THE SURFACE OF THE WATER AND DO NOT
SINK IMMEDIATELY TO THE BOTTOM OF THE WATER COLUMN;
VII. UTILIZE PRODUCTS THAT ARE DISTRIBUTED AUTONOMOUSLY ACROSS THE
WATER BODY AFTER A LOCALIZED APPLICATION;
VIII. UTILIZE PRODUCTS WITH A TIME-RELEASE MECHANISM THAT APPLIES
CONSTANT AND PROLONGED OXIDATIVE STRESS OF THE CYANOBACTERIA TRIGGERED
BY THE PROGRAMMED CELL DEATH SIGNALING CASCADE, RESULTING IN THEIR
COLLAPSE; AND
IX. UTILIZE PRODUCTS MANUFACTURED IN THE UNITED STATES.
E. THE COMMISSIONER SHALL MAKE MONIES AVAILABLE FROM THE HARMFUL ALGAL
BLOOM MONITORING AND PREVENTION FUND, AS ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-SS OF THE STATE FINANCE LAW, WITHIN AMOUNTS APPROPRIATED
THEREFOR, PURSUANT TO THIS SECTION.
§ 4. The state finance law is amended by adding a new section 99-ss to
read as follows:
§ 99-SS. HARMFUL ALGAL BLOOM MONITORING AND PREVENTION FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"HARMFUL ALGAL BLOOM MONITORING AND PREVENTION FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE COMPTROLLER
AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
THE GENERAL FUND OR ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING
CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
GIFTS, OR BEQUESTS FOR THE PURPOSES OF SUCH FUND AND DEPOSITING THEM
INTO SUCH FUND ACCORDING TO LAW.
3. MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION OR THE COMMISSIONER OF ENVIRONMENTAL CONSER-
VATION'S DESIGNEE.
4. MONEYS OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF ENVI-
RONMENTAL CONSERVATION FOR THE HARMFUL ALGAL BLOOM MONITORING AND
PREVENTION PROGRAM ESTABLISHED PURSUANT TO SECTION 15-0519 OF THE ENVI-
RONMENTAL CONSERVATION LAW.
§ 5. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
PART JJJ
Section 1. The environmental conservation law is amended by adding a
new section 37-0123 to read as follows:
§ 37-0123. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES REMOVAL TREAT-
MENT INSTALLATION GRANT PROGRAM.
1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, "PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES" OR "PFAS" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION SEVEN OF SECTION 37-0101 OF THIS TITLE.
2. GRANT PROGRAM. THE DEPARTMENT, WITHIN AMOUNTS FROM ANY SOURCE
APPROPRIATED OR OTHERWISE PROVIDED FOR SUCH PURPOSE, SHALL ESTABLISH A
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES REMOVAL TREATMENT INSTAL-
LATION GRANT PROGRAM. THE DEPARTMENT SHALL PROVIDE A ONE-TIME GRANT TO
S. 3008--B 173
PRIVATE WELL USERS FOR UP TO FIVE THOUSAND DOLLARS FOR THE INSTALLATION
OF PFAS TREATMENT, OR UP TO TEN THOUSAND DOLLARS FOR A SERVICE
CONNECTION TO A PUBLIC WATER SYSTEM.
3. ELIGIBILITY. (A) THE FOLLOWING PERSONS SHALL BE ELIGIBLE TO APPLY
FOR SUCH GRANT PROGRAM:
(I) OWNERS OF A SINGLE OR MULTIPLE-UNIT RESIDENTIAL PROPERTY; AND
(II) TENANTS OR OCCUPANTS OF A RESIDENTIAL PROPERTY WHERE THE OWNER OF
SUCH PROPERTY HAS NOT APPLIED FOR THE GRANT FOR SUCH PROPERTY.
(B) INSTALLERS OF SUCH TREATMENTS MAY APPLY FOR SUCH GRANT ON BEHALF
OF AN ELIGIBLE APPLICANT, PROVIDED THERE IS A WAIVER OF CLAIMS BETWEEN
SUCH PARTIES.
(C) AN APPLICANT SHALL NOT BE ELIGIBLE TO APPLY FOR SUCH GRANT PROGRAM
IF SUCH APPLICANT HAS AN OFFER OF AN ALTERNATE WATER SOURCE FROM A THIRD
PARTY, INCLUDING BOTTLED WATER, TREATMENT, OR SERVICE CONNECTION.
4. APPLICATION. (A) APPLICANTS SHALL SUBMIT AN APPLICATION TO THE
DEPARTMENT IN A MANNER AND FORM TO BE DETERMINED BY THE COMMISSIONER,
AND SHALL INCLUDE THE FOLLOWING DOCUMENTATION:
(I) ANALYTICAL RESULTS FROM A LABORATORY CERTIFIED TO TEST FOR PFAS BY
THE DEPARTMENT OF HEALTH ENVIRONMENTAL LABORATORY APPROVAL PROGRAM. SUCH
RESULTS MUST SHOW A PFAS RESULT GREATER THAN THE MAXIMUM CONTAMINANT
LEVEL OR OTHER DRINKING WATER CLEANUP STANDARD SET FOR PFAS BY THE
DEPARTMENT OF HEALTH OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
CY;
(II) AN ESTIMATE FOR THE COST OF TREATMENT INSTALLATION OR SERVICE
CONNECTION; AND
(III) SPECIFICATION SHEETS FOR TREATMENT AND EQUIPMENT TO BE
INSTALLED, IF APPLICABLE AND AVAILABLE.
(B) GRANTS AWARDED PURSUANT TO THIS SECTION SHALL BE USED SOLELY FOR
THE PURPOSE OF PURCHASING AND INSTALLING PFAS TREATMENT EQUIPMENT.
(C) THE COMMISSIONER, UPON REVIEW OF AN APPLICANT'S APPLICATION, SHALL
DETERMINE IF SUCH APPLICANT IS ELIGIBLE FOR A GRANT PURSUANT TO THIS
SECTION.
5. PUBLIC AWARENESS. THE DEPARTMENT SHALL PUBLISH INFORMATION ABOUT
THE GRANT PROGRAM ON THE DEPARTMENT'S WEBSITE AND CREATE PUBLIC EDUCA-
TION MATERIALS TO PUBLICIZE THE GRANT PROGRAM AND DISTRIBUTE THESE MATE-
RIALS TO LOCAL GOVERNMENTS, COMMUNITY ORGANIZATIONS, AND OTHER RELEVANT
INSTITUTIONS. THE DEPARTMENT SHALL ALSO COMPILE AND DISTRIBUTE A LIST OF
VENDORS THAT OFFER TREATMENT TECHNOLOGY OR SERVICE CONNECTION TO A
PUBLIC WATER SYSTEM FOR RESIDENTS OF THIS STATE, PROVIDED THAT SUCH A
LIST DOES NOT IMPLY AN ENDORSEMENT OF THE VENDORS BY THE DEPARTMENT.
§ 2. The environmental conservation law is amended by adding a new
section 37-0125 to read as follows:
§ 37-0125. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES REMOVAL TREAT-
MENT MAINTENANCE REBATE PROGRAM.
1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, "PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES" OR "PFAS" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION SEVEN OF SECTION 37-0101 OF THIS TITLE.
2. REBATE PROGRAM. THE DEPARTMENT, WITHIN AMOUNTS FROM ANY SOURCE
APPROPRIATED OR OTHERWISE PROVIDED FOR SUCH PURPOSE, SHALL ESTABLISH A
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES REMOVAL TREATMENT MAINTE-
NANCE REBATE PROGRAM. THE DEPARTMENT SHALL PROVIDE A REBATE FOR THE
MAINTENANCE OF PFAS TREATMENT EQUIPMENT INSTALLED BY PRIVATE WELL USERS.
3. ELIGIBILITY. THE FOLLOWING PERSONS SHALL BE ELIGIBLE TO APPLY FOR
SUCH REBATE PROGRAM:
(A) OWNERS OF A SINGLE OR MULTIPLE-UNIT RESIDENTIAL PROPERTY WHERE
PFAS TREATMENT IS INSTALLED; AND
S. 3008--B 174
(B) TENANTS OR OCCUPANTS OF A RESIDENTIAL PROPERTY WHERE PFAS TREAT-
MENT IS INSTALLED.
4. APPLICATION. (A) APPLICANTS SHALL SUBMIT AN APPLICATION TO THE
DEPARTMENT IN A MANNER AND FORM TO BE DETERMINED BY THE COMMISSIONER,
AND SHALL INCLUDE THE FOLLOWING DOCUMENTATION:
(I) SPECIFICATION SHEETS FOR TREATMENT AND EQUIPMENT INSTALLED, IF
APPLICABLE AND AVAILABLE;
(II) PHOTO DOCUMENTATION OF THE TREATMENT INSTALLATION OF SERVICE
CONNECTION; AND
(III) POST-TREATMENT ANALYTICAL RESULTS FROM A LABORATORY CERTIFIED TO
TEST FOR PFAS BY THE DEPARTMENT OF HEALTH ENVIRONMENTAL LABORATORY
APPROVAL PROGRAM. SUCH RESULTS MUST SHOW PFAS CONCENTRATIONS BELOW THE
MAXIMUM CONTAMINANT LEVEL OR OTHER DRINKING WATER CLEANUP STANDARD SET
FOR PFAS, IF APPLICABLE.
(B) THE COMMISSIONER, UPON REVIEW OF AN APPLICANT'S APPLICATION, SHALL
DETERMINE IF SUCH APPLICANT IS ELIGIBLE FOR A REBATE PURSUANT TO THIS
SECTION. THE COMMISSIONER SHALL MAKE THE DETERMINATION AS TO THE AMOUNT
OF REBATE APPROVED, PROVIDED THAT SUCH AMOUNT SHALL IN NO EVENT EXCEED
ONE THOUSAND FIVE HUNDRED DOLLARS.
(C) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REGARDING
HOW OFTEN AN APPLICANT MAY SUBMIT AN APPLICATION PURSUANT TO THIS SUBDI-
VISION.
5. PUBLIC AWARENESS. THE DEPARTMENT SHALL PUBLISH INFORMATION ABOUT
THE REBATE PROGRAM ON THE DEPARTMENT'S WEBSITE AND CREATE PUBLIC EDUCA-
TION MATERIALS TO PUBLICIZE THE REBATE PROGRAM AND DISTRIBUTE THESE
MATERIALS TO LOCAL GOVERNMENTS, COMMUNITY ORGANIZATIONS, AND OTHER RELE-
VANT INSTITUTIONS.
§ 3. This act shall take effect immediately.
PART KKK
Section 1. This act shall be known and may be cited as the "climate
corporate data accountability act".
§ 2. The environmental conservation law is amended by adding a new
article 74 to read as follows:
ARTICLE 74
CLIMATE CORPORATE DATA ACCOUNTABILITY ACT
SECTION 74-0101. DEFINITIONS.
74-0102. CLIMATE CORPORATE DATA ACCOUNTABILITY ACT.
§ 74-0101. DEFINITIONS.
AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
1. "EMISSIONS REPORTING ORGANIZATION" MEANS EITHER: (A) AN ORGANIZA-
TION WITHIN THE DEPARTMENT CREATED BY THE DEPARTMENT PURSUANT TO PARA-
GRAPH B OF SUBDIVISION TWO OF SECTION 74-0102 OF THIS ARTICLE; OR (B) A
NONPROFIT EMISSIONS REPORTING ORGANIZATION CONTRACTED BY THE DEPARTMENT
PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO OF SECTION 74-0102 OF THIS
ARTICLE THAT BOTH:
A. CURRENTLY OPERATES A GREENHOUSE GAS EMISSIONS REPORTING ORGANIZA-
TION FOR ORGANIZATIONS OPERATING IN THE UNITED STATES; AND
B. HAS EXPERIENCE WITH GREENHOUSE GAS EMISSIONS DISCLOSURE BY ENTITIES
OPERATING IN NEW YORK.
2. "REPORTING ENTITY" MEANS:
A. A PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY, OR OTHER
BUSINESS ENTITY FORMED UNDER THE LAWS OF THIS STATE, THE LAWS OF ANY
S. 3008--B 175
OTHER STATE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, OR UNDER
AN ACT OF THE CONGRESS OF THE UNITED STATES THAT BOTH:
I. DOES BUSINESS IN THIS STATE AND IS DERIVING RECEIPTS FROM ACTIVITY
IN THIS STATE WITHIN THE MEANING OF SECTION TWO HUNDRED NINE OF THE TAX
LAW; AND
II. HAS TOTAL REVENUES IN EXCESS OF ONE BILLION DOLLARS IN THE PRECED-
ING FISCAL YEAR, INCLUDING BUT NOT LIMITED TO REVENUES RECEIVED BY ALL
OF THE BUSINESS ENTITY'S SUBSIDIARIES THAT DO BUSINESS IN THIS STATE.
B. A FOREIGN ENTITY SHALL NOT BE CONSIDERED TO BE DOING BUSINESS IN
THIS STATE EXCLUSIVELY BY REASON OF CARRYING ON IN THIS STATE ANY OF THE
ACTIVITIES ENUMERATED IN SUBSECTION (B) OF SECTION THIRTEEN HUNDRED ONE
OF THE BUSINESS CORPORATION LAW. IF A REPORTING ENTITY IS INCLUDED AS A
CONSOLIDATED SUBSIDIARY IN THE CONSOLIDATED FINANCIAL STATEMENTS OF AN
ULTIMATE PARENT ENTITY, THEN SUCH ULTIMATE PARENT ENTITY MAY BE THE
REPORTING ENTITY FOR PURPOSES OF THIS DEFINITION. IF A SUBSIDIARY OF A
PARENT COMPANY QUALIFIES AS A REPORTING ENTITY FOR THE PURPOSES OF THIS
DEFINITION, THE SUBSIDIARY IS NOT REQUIRED TO PREPARE A SEPARATE REPORT
SO LONG AS THE PARENT COMPANY PREPARES A REPORT.
3. "SCOPE 1 EMISSIONS" MEANS ALL DIRECT GREENHOUSE GAS EMISSIONS THAT
STEM FROM SOURCES THAT A REPORTING ENTITY OWNS OR DIRECTLY CONTROLS,
REGARDLESS OF LOCATION, INCLUDING, BUT NOT LIMITED TO, FUEL COMBUSTION
ACTIVITIES.
4. "SCOPE 2 EMISSIONS" MEANS INDIRECT GREENHOUSE GAS EMISSIONS FROM
CONSUMED ELECTRICITY, STEAM, HEATING, OR COOLING PURCHASED OR ACQUIRED
BY A REPORTING ENTITY, REGARDLESS OF LOCATION.
5. "SCOPE 3 EMISSIONS" MEANS INDIRECT UPSTREAM AND DOWNSTREAM GREEN-
HOUSE GAS EMISSIONS, OTHER THAN SCOPE 2 EMISSIONS, FROM SOURCES THAT THE
REPORTING ENTITY DOES NOT OWN OR DIRECTLY CONTROL AND MAY INCLUDE, BUT
ARE NOT LIMITED TO, PURCHASED GOODS AND SERVICES, BUSINESS TRAVEL,
EMPLOYEE COMMUTES, AND PROCESSING AND USE OF SOLD PRODUCTS AND SERVICES.
6. "ASSURANCE PROVIDER" MEANS A FIRM OR ENTITY WHICH CARRIES OUT AN
ASSURANCE ENGAGEMENT.
7. "ASSURANCE ENGAGEMENT" MEANS AN ENGAGEMENT IN WHICH AN ASSURANCE
PROVIDER EXPRESSES AN INDEPENDENT OPINION ON THE REPORTS ISSUED UNDER
THIS SECTION, TO ENHANCE THE DEGREE OF CONFIDENCE OF THE DEPARTMENT,
CONSUMERS, AND INVESTORS ABOUT THE INFORMATION DISCLOSED BY THE REPORT-
ING ENTITY.
§ 74-0102. CLIMATE CORPORATE DATA ACCOUNTABILITY ACT.
1. A. THE DEPARTMENT SHALL ADOPT REGULATIONS ON OR BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND TWENTY-SIX TO REQUIRE A REPORTING ENTITY TO
ANNUALLY DISCLOSE TO THE EMISSIONS REPORTING ORGANIZATION, AND TO OBTAIN
AN ASSURANCE ENGAGEMENT PERFORMED BY AN INDEPENDENT THIRD-PARTY ASSUR-
ANCE PROVIDER ON, ALL OF THE REPORTING ENTITY'S SCOPE 1 EMISSIONS, SCOPE
2 EMISSIONS, AND SCOPE 3 EMISSIONS. THE REGULATIONS ADOPTED PURSUANT TO
THIS SUBDIVISION SHALL REQUIRE THAT:
I. (1) (A) STARTING IN TWO THOUSAND TWENTY-SEVEN ON A DATE TO BE
DETERMINED BY THE DEPARTMENT, AND ANNUALLY THEREAFTER, A REPORTING ENTI-
TY SHALL PUBLICLY DISCLOSE TO THE EMISSIONS REPORTING ORGANIZATION ALL
OF THE REPORTING ENTITY'S SCOPE 1 EMISSIONS AND SCOPE 2 EMISSIONS FOR
THE PRIOR FISCAL YEAR.
(B) STARTING IN TWO THOUSAND TWENTY-EIGHT AND ANNUALLY THEREAFTER, A
REPORTING ENTITY SHALL PUBLICLY DISCLOSE ITS SCOPE 3 EMISSIONS TO THE
EMISSIONS REPORTING ORGANIZATION FOR THE PRIOR FISCAL YEAR ON A SCHEDULE
SET BY THE DEPARTMENT PURSUANT TO REGULATIONS DEVELOPED PURSUANT TO THIS
ARTICLE.
S. 3008--B 176
(2) IN COMPLYING WITH THE REQUIREMENTS OF THIS SECTION, A REPORTING
ENTITY SHALL MEASURE AND REPORT ITS EMISSIONS OF GREENHOUSE GASES IN
CONFORMANCE WITH THE GREENHOUSE GAS PROTOCOL CORPORATE ACCOUNTING AND
REPORTING STANDARD AND THE GREENHOUSE GAS PROTOCOL CORPORATE VALUE CHAIN
(SCOPE 3) ACCOUNTING AND REPORTING STANDARD DEVELOPED BY THE WORLD
RESOURCES INSTITUTE AND THE WORLD BUSINESS COUNCIL FOR SUSTAINABLE
DEVELOPMENT, INCLUDING GUIDANCE FOR SCOPE 3 EMISSIONS CALCULATIONS THAT
DETAIL ACCEPTABLE USE OF BOTH PRIMARY AND SECONDARY DATA SOURCES,
INCLUDING THE USE OF INDUSTRY AVERAGE DATA, PROXY DATA, AND OTHER GENER-
IC DATA IN ITS SCOPE 3 EMISSIONS CALCULATIONS.
(3) (A) STARTING IN TWO THOUSAND THIRTY-FOUR, THE DEPARTMENT MAY
SURVEY AND ASSESS CURRENTLY AVAILABLE GREENHOUSE GAS ACCOUNTING AND
REPORTING STANDARDS. AT THE CONCLUSION OF THIS ASSESSMENT THE DEPARTMENT
MAY ADOPT A GLOBALLY RECOGNIZED ALTERNATIVE ACCOUNTING AND REPORTING
STANDARD IF IT DETERMINES ITS USE WOULD MORE EFFECTIVELY FURTHER THE
GOALS OF THIS SECTION. THIS REVIEW PROCESS SHALL INCLUDE CONSULTATION
WITH THE STAKEHOLDERS IDENTIFIED IN PARAGRAPH D OF THIS SUBDIVISION.
(B) IF THE DEPARTMENT ADOPTS AN ALTERNATIVE ACCOUNTING AND REPORTING
STANDARD, THE DEPARTMENT SHALL DEVELOP AND ADOPT NEW REGULATIONS, PURSU-
ANT TO THIS PARAGRAPH, TO ENSURE FULL CONFORMANCE WITH THE NEW STANDARD
AND REPORTING OF SCOPES 1, 2, AND 3 EMISSIONS AND OTHER REQUIREMENTS OF
THIS SECTION.
(4) ON OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTY-ONE, THE DEPART-
MENT SHALL REVIEW, AND UPDATE AS NECESSARY, THE PUBLIC DISCLOSURE DEAD-
LINES ESTABLISHED PURSUANT TO CLAUSE ONE OF THIS SUBPARAGRAPH TO EVALU-
ATE TRENDS IN SCOPE 3 EMISSIONS REPORTING AND CONSIDER CHANGES TO THE
DISCLOSURE DEADLINES TO ENSURE THAT SCOPE 3 EMISSIONS DATA IS DISCLOSED
TO THE EMISSIONS REPORTING ORGANIZATION AS CLOSE IN TIME AS PRACTICABLE
TO THE DEADLINE FOR REPORTING ENTITIES TO DISCLOSE SCOPE 1 EMISSIONS AND
SCOPE 2 EMISSIONS DATA.
(5) THE REPORTING TIMELINES SHALL TAKE INTO ACCOUNT THE TIMELINES BY
WHICH REPORTING ENTITIES TYPICALLY RECEIVE SCOPE 1, SCOPE 2, AND SCOPE 3
EMISSIONS DATA, AS WELL AS THE CAPACITY FOR AN INDEPENDENT ASSURANCE
ENGAGEMENT TO BE PERFORMED BY A THIRD-PARTY ASSURANCE PROVIDER.
II. A REPORTING ENTITY'S PUBLIC DISCLOSURE SHALL MAXIMIZE ACCESS FOR
CONSUMERS, INVESTORS, AND OTHER STAKEHOLDERS TO COMPREHENSIVE AND
DETAILED GREENHOUSE GAS EMISSIONS DATA ACROSS SCOPE 1 EMISSIONS, SCOPE 2
EMISSIONS AND SCOPE 3 EMISSIONS, AS DEFINED BY THIS SECTION, AND BE MADE
IN A MANNER THAT IS EASILY UNDERSTANDABLE AND ACCESSIBLE.
III. A REPORTING ENTITY'S PUBLIC DISCLOSURE SHALL INCLUDE THE NAME OF
THE REPORTING ENTITY AND ANY FICTITIOUS NAMES, TRADE NAMES, ASSUMED
NAMES, SUBSIDIARIES AND LOGOS USED BY THE REPORTING ENTITY.
IV. A REPORTING ENTITY'S EMISSIONS REPORTING SHALL BE STRUCTURED IN A
WAY THAT MINIMIZES DUPLICATION OF EFFORT AND ALLOWS A REPORTING ENTITY
TO SUBMIT TO THE EMISSIONS REPORTING ORGANIZATION REPORTS PREPARED TO
MEET OTHER STATE, NATIONAL, AND INTERNATIONAL REPORTING REQUIREMENTS,
INCLUDING ANY REPORTS REQUIRED BY THE FEDERAL GOVERNMENT OR OTHER STATES
OR REPORTS VOLUNTARILY PREPARED, INCLUDING THOSE PREPARED USING THE
INTERNATIONAL FINANCIAL REPORTING STANDARDS FOUNDATION SUSTAINABILITY
DISCLOSURE STANDARDS AS ISSUED BY THE INTERNATIONAL SUSTAINABILITY STAN-
DARDS BOARD, AS LONG AS THOSE REPORTS SATISFY ALL OF THE REQUIREMENTS OF
THIS SECTION.
V. A REPORTING ENTITY'S DISCLOSURE SHALL TAKE INTO ACCOUNT ACQUISI-
TIONS, DIVESTMENTS, MERGERS, AND OTHER STRUCTURAL CHANGES THAT CAN
AFFECT THE GREENHOUSE GAS EMISSIONS REPORTING, AND IS DISCLOSED IN A
MANNER CONSISTENT WITH THE GREENHOUSE GAS PROTOCOL STANDARDS AND GUID-
S. 3008--B 177
ANCE OR AN ALTERNATIVE STANDARD, IF ONE IS ADOPTED AFTER TWO THOUSAND
THIRTY-FOUR.
VI. (1) A REPORTING ENTITY SHALL OBTAIN AN ASSURANCE ENGAGEMENT,
PERFORMED BY AN INDEPENDENT THIRD-PARTY ASSURANCE PROVIDER, OF THEIR
PUBLIC DISCLOSURE. THE REPORTING ENTITY SHALL ENSURE THAT A COPY OF THE
COMPLETE ASSURANCE PROVIDER'S REPORT ON THE GREENHOUSE GAS EMISSIONS
INVENTORY, INCLUDING THE NAME OF THE THIRD-PARTY ASSURANCE PROVIDER, IS
PROVIDED TO THE EMISSIONS REPORTING ORGANIZATION AS PART OF OR IN
CONNECTION WITH THE REPORTING ENTITY'S PUBLIC DISCLOSURE.
(2) THE ASSURANCE ENGAGEMENT FOR SCOPE 1 EMISSIONS AND SCOPE 2 EMIS-
SIONS SHALL BE PERFORMED AT A LIMITED ASSURANCE LEVEL BEGINNING IN TWO
THOUSAND TWENTY-SEVEN AND AT A REASONABLE ASSURANCE LEVEL BEGINNING IN
TWO THOUSAND THIRTY-ONE.
(3) ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, THE DEPART-
MENT SHALL REVIEW AND EVALUATE TRENDS IN THIRD-PARTY ASSURANCE REQUIRE-
MENTS FOR SCOPE 3 EMISSIONS, AND ON OR BEFORE SUCH DATE, THE DEPARTMENT
MAY ESTABLISH AN ASSURANCE REQUIREMENT FOR THIRD-PARTY ASSURANCE ENGAGE-
MENTS OF SCOPE 3 EMISSIONS. IF ANY SUCH REQUIREMENT IS ESTABLISHED, THE
ASSURANCE ENGAGEMENT FOR SCOPE 3 EMISSIONS SHALL BE PERFORMED AT A
LIMITED ASSURANCE LEVEL BEGINNING IN TWO THOUSAND THIRTY-ONE.
(4) A THIRD-PARTY ASSURANCE PROVIDER SHALL HAVE SIGNIFICANT EXPERIENCE
IN MEASURING, ANALYZING, REPORTING, OR ATTESTING TO THE EMISSION OF
GREENHOUSE GASES AND SUFFICIENT COMPETENCE AND CAPABILITIES NECESSARY TO
PERFORM ENGAGEMENTS IN ACCORDANCE WITH PROFESSIONAL STANDARDS AND APPLI-
CABLE LEGAL AND REGULATORY REQUIREMENTS. THE ASSURANCE PROVIDER SHALL BE
ABLE TO ISSUE REPORTS THAT ARE APPROPRIATE UNDER THE CIRCUMSTANCES AND
INDEPENDENT WITH RESPECT TO THE REPORTING ENTITY, AND ANY OF THE REPORT-
ING ENTITY'S AFFILIATES FOR WHICH IT IS PROVIDING THE ASSURANCE REPORT.
ON OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTY-ONE, THE DEPARTMENT
SHALL REVIEW, AND UPDATE AS NECESSARY, THE QUALIFICATIONS FOR THIRD-PAR-
TY ASSURANCE PROVIDERS BASED ON AN EVALUATION OF TRENDS IN EDUCATION
RELATING TO THE EMISSION OF GREENHOUSE GASES AND THE QUALIFICATIONS OF
THIRD-PARTY ASSURANCE PROVIDERS.
(5) THE DEPARTMENT SHALL ENSURE THAT THE ASSURANCE PROCESS MINIMIZES
THE NEED FOR REPORTING ENTITIES TO ENGAGE MULTIPLE ASSURANCE PROVIDERS
AND ENSURES SUFFICIENT ASSURANCE PROVIDER CAPACITY, AS WELL AS TIMELY
REPORTING IMPLEMENTATION AS REQUIRED UNDER CLAUSE ONE OF SUBPARAGRAPH I
OF THIS PARAGRAPH.
VII. (1) A REPORTING ENTITY SHALL PAY AN ANNUAL FEE TO THE DEPARTMENT
FOR THE ADMINISTRATION AND IMPLEMENTATION OF THIS SECTION.
(2) THE DEPARTMENT SHALL SET THE FEE ESTABLISHED PURSUANT TO CLAUSE
ONE OF THIS SUBPARAGRAPH IN AN AMOUNT SUFFICIENT TO COVER THE DEPART-
MENT'S FULL COSTS OF ADMINISTRATING AND IMPLEMENTING THIS SECTION. THE
TOTAL AMOUNT OF FEES COLLECTED SHALL NOT EXCEED THE DEPARTMENT'S ACTUAL
AND REASONABLE COSTS TO ADMINISTER AND IMPLEMENT THIS SECTION.
(3) THE PROCEEDS OF THE FEES IMPOSED PURSUANT TO CLAUSE ONE OF THIS
SUBPARAGRAPH SHALL BE DEPOSITED IN THE CLIMATE ACCOUNTABILITY AND EMIS-
SIONS DISCLOSURE FUND ESTABLISHED BY SECTION NINETY-NINE-SS OF THE STATE
FINANCE LAW.
B. THE DEPARTMENT SHALL CREATE OR CONTRACT WITH AN EMISSIONS REPORTING
ORGANIZATION TO DEVELOP A REPORTING PROGRAM TO RECEIVE AND MAKE PUBLICLY
AVAILABLE DISCLOSURES REQUIRED BY THIS SECTION. EMISSIONS REPORTING
ORGANIZATIONS SHALL NOT BE AUTHORIZED TO PROVIDE SERVICES TO A COMPANY
WHERE A CONFLICT OF INTEREST EXISTS. A CONFLICT OF INTEREST SHALL
INCLUDE:
S. 3008--B 178
I. THE EMISSIONS REPORTING ORGANIZATION AND REPORTING ENTITY SHARING
ANY MANAGEMENT STAFF OR BOARD OF DIRECTORS MEMBERSHIP, OR ANY OF THE
SENIOR MANAGEMENT STAFF OF THE REPORTING ENTITY HAVING BEEN EMPLOYED BY
THE EMISSIONS REPORTING ORGANIZATION OR REPORTING ENTITY WITHIN THE
PREVIOUS FIVE YEARS.
II. ANY EMPLOYEE OF THE EMISSIONS REPORTING ORGANIZATION, OR ANY
EMPLOYEE OF A RELATED ENTITY, OR A SUBCONTRACTOR WHO IS A MEMBER OF THE
EMISSIONS REPORTING ORGANIZATION HAVING PROVIDED THE REPORTING ENTITY
WITH SERVICES RELATED TO THE AREAS OF EMISSIONS REPORTING ORGANIZATION,
OR ANY SERVICES DESIGNATED BY THE DEPARTMENT, WITHIN THE PREVIOUS FIVE
YEARS.
III. ANY STAFF MEMBER OF THE EMISSIONS REPORTING ORGANIZATION PROVID-
ING ANY TYPE OF NON-MONETARY INCENTIVE TO A REPORTING ENTITY TO SECURE A
SERVICES CONTRACT.
C. THE DEPARTMENT MAY ADOPT OR UPDATE ANY OTHER REGULATIONS THAT IT
DEEMS NECESSARY AND APPROPRIATE TO IMPLEMENT THIS SUBDIVISION.
D. IN DEVELOPING THE REGULATIONS REQUIRED PURSUANT TO THIS SUBDIVI-
SION, THE DEPARTMENT SHALL CONSULT WITH ALL OF THE FOLLOWING:
I. THE ATTORNEY GENERAL;
II. OTHER GOVERNMENT STAKEHOLDERS, INCLUDING, BUT NOT LIMITED TO,
EXPERTS IN CLIMATE SCIENCE AND CORPORATE CARBON EMISSIONS ACCOUNTING AND
REPORTING;
III. INVESTORS;
IV. STAKEHOLDERS REPRESENTING CONSUMER AND ENVIRONMENTAL JUSTICE
INTERESTS; AND
V. REPORTING ENTITIES THAT HAVE DEMONSTRATED LEADERSHIP IN FULL-SCOPE
GREENHOUSE GAS EMISSIONS ACCOUNTING AND PUBLIC DISCLOSURE AND GREENHOUSE
GAS EMISSIONS REDUCTIONS.
E. THIS SECTION DOES NOT REQUIRE ADDITIONAL REPORTING OF EMISSIONS OF
GREENHOUSE GASES BEYOND THE REPORTING OF SCOPE 1 EMISSIONS, SCOPE 2
EMISSIONS, AND SCOPE 3 EMISSIONS REQUIRED PURSUANT TO THE GREENHOUSE GAS
PROTOCOL STANDARDS AND GUIDANCE OR AN ALTERNATIVE STANDARD, IF ONE IS
ADOPTED AFTER TWO THOUSAND THIRTY-FOUR.
2. A. THE DEPARTMENT SHALL PREPARE A REPORT ON THE PUBLIC DISCLOSURES
MADE BY REPORTING ENTITIES TO THE EMISSIONS REPORTING ORGANIZATION
PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THE REGULATIONS ADOPTED
BY THE DEPARTMENT PURSUANT TO SUCH SUBDIVISION. IN PREPARING THE REPORT,
CONSIDERATION SHALL BE GIVEN TO, AT A MINIMUM, GREENHOUSE GAS EMISSIONS
FROM REPORTING ENTITIES IN THE CONTEXT OF STATE GREENHOUSE GAS EMISSIONS
REDUCTION AND CLIMATE GOALS. THE DEPARTMENT SHALL ISSUE THE REPORT OF
ITS FINDINGS TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPO-
RARY PRESIDENT OF THE SENATE AND SHALL PUBLISH SUCH REPORT ON ITS
WEBSITE.
B. THE EMISSIONS REPORTING ORGANIZATION SHALL MAKE THE REPORTING ENTI-
TIES' DISCLOSURES PUBLICLY AVAILABLE ON THE DIGITAL PLATFORM REQUIRED TO
BE CREATED BY THE EMISSIONS REPORTING ORGANIZATION PURSUANT TO SUBDIVI-
SION FOUR OF THIS SECTION.
3. A. I. THE EMISSIONS REPORTING ORGANIZATION, ON OR BEFORE JULY
FIRST, TWO THOUSAND TWENTY-SEVEN PURSUANT TO CLAUSE ONE OF SUBPARAGRAPH
I OF PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION, SHALL CREATE A
DIGITAL PLATFORM, WHICH SHALL BE ACCESSIBLE TO THE PUBLIC, THAT WILL
FEATURE THE EMISSIONS DATA OF REPORTING ENTITIES IN CONFORMANCE WITH THE
REGULATIONS ADOPTED BY THE DEPARTMENT PURSUANT TO SUBDIVISION ONE OF
THIS SECTION AND THE REPORT PREPARED FOR THE DEPARTMENT PURSUANT TO
SUBDIVISION TWO OF THIS SECTION. THE EMISSIONS REPORTING ORGANIZATION
S. 3008--B 179
SHALL MAKE THE REPORTING ENTITIES' DISCLOSURES AND THE DEPARTMENT'S
REPORT AVAILABLE ON THE DIGITAL PLATFORM WITHIN NINETY DAYS OF RECEIPT.
II. THE DIGITAL PLATFORM SHALL BE CAPABLE OF FEATURING INDIVIDUAL
REPORTING ENTITY DISCLOSURES, AND SHALL ALLOW CONSUMERS, INVESTORS, AND
OTHER STAKEHOLDERS TO VIEW REPORTED DATA ELEMENTS AGGREGATED IN A VARIE-
TY OF WAYS, INCLUDING MULTIYEAR DATA, IN A MANNER THAT IS EASILY UNDER-
STANDABLE AND ACCESSIBLE TO RESIDENTS OF THE STATE. ALL DATA SETS AND
CUSTOMIZED VIEWS SHALL BE AVAILABLE IN ELECTRONIC FORMAT FOR ACCESS AND
USE BY THE PUBLIC.
B. THE EMISSIONS REPORTING ORGANIZATION SHALL SUBMIT, WITHIN THIRTY
DAYS OF RECEIPT, THE REPORT PREPARED FOR THE DEPARTMENT PURSUANT TO THIS
SUBDIVISION TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND THE GOVERNOR.
4. A. THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST A REPORT-
ING ENTITY SEEKING CIVIL PENALTIES OF UP TO ONE HUNDRED THOUSAND DOLLARS
PER DAY FOR WILLFUL FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION OR REGULATIONS SET FORTH BY THE DEPARTMENT, INCLUDING FOR
NONFILING, LATE FILING, OR OTHER FAILURE TO MEET THE REQUIREMENTS OF
THIS SECTION. THE CIVIL PENALTIES IMPOSED ON A REPORTING ENTITY FOR
SUCH VIOLATIONS SHALL NOT EXCEED FIVE HUNDRED THOUSAND DOLLARS IN A
REPORTING YEAR. IN SEEKING CIVIL PENALTIES FOR A VIOLATION OF THIS
SECTION, THE ATTORNEY GENERAL SHALL CONSIDER ALL RELEVANT CIRCUMSTANCES,
INCLUDING BOTH OF THE FOLLOWING:
I. THE VIOLATOR'S PAST AND PRESENT COMPLIANCE WITH THIS SECTION; AND
II. WHETHER THE VIOLATOR TOOK ANY GOOD FAITH MEASURES TO COMPLY WITH
THIS SECTION AND WHEN THOSE MEASURES WERE TAKEN.
B. A REPORTING ENTITY SHALL NOT BE SUBJECT TO A CIVIL ACTION UNDER
THIS SECTION FOR ANY MISSTATEMENTS WITH REGARD TO SCOPE 3 EMISSIONS
DISCLOSURES MADE WITH A REASONABLE BASIS AND DISCLOSED IN GOOD FAITH.
C. PENALTIES ASSESSED ON SCOPE 3 REPORTING, BETWEEN TWO THOUSAND TWEN-
TY-EIGHT AND TWO THOUSAND THIRTY-ONE, SHALL ONLY OCCUR FOR NONFILING.
5. THIS SECTION APPLIES TO THE STATE UNIVERSITY AND CITY UNIVERSITY OF
NEW YORK ONLY TO THE EXTENT THAT THE REGENTS OF THE STATE UNIVERSITY OR
CITY UNIVERSITY, BY RESOLUTION, MAKE ANY OF THESE PROVISIONS APPLICABLE
TO THE UNIVERSITY.
§ 3. The state finance law is amended by adding a new section 99-ss to
read as follows:
§ 99-SS. CLIMATE ACCOUNTABILITY AND EMISSIONS DISCLOSURE FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE DEPARTMENT OF TAX AND FINANCE A SPECIAL FUND TO BE KNOWN
AS THE "CLIMATE ACCOUNTABILITY AND EMISSIONS DISCLOSURE FUND". MONEYS IN
THIS ACCOUNT SHALL BE KEPT SEPARATE AND NOT COMMINGLED WITH ANY OTHER
MONEYS IN THE CUSTODY OF THE COMPTROLLER.
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION 74-0102
OF THE ENVIRONMENTAL CONSERVATION LAW, THE TAX LAW AND ALL OTHER MONEYS
CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM
RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS
DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO
LAW. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT
SHALL BE RETAINED AND BECOME PART OF THE FUND, UNLESS OTHERWISE DIRECTED
BY LAW.
§ 4. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
S. 3008--B 180
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART LLL
Section 1. The environmental conservation law is amended by adding a
new article 78 to read as follows:
ARTICLE 78
SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM
SECTION 78-0101. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
§ 78-0101. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
1. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER OR ANY OTHER
LAW AND SUBJECT TO AN APPROPRIATION MADE THEREFOR AND IN ACCORDANCE WITH
THE PROVISIONS OF THIS SECTION AND WITH THE RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER IN CONNECTION THEREWITH, ON AND AFTER
THE FIRST DAY OF APRIL, TWO THOUSAND TWENTY-SIX, A CONSOLIDATED LOCAL
INFRASTRUCTURE PROGRAM IS HEREBY ESTABLISHED FOR THE PURPOSE OF MAKING
PAYMENTS TOWARD THE REPLACEMENT AND REHABILITATION OF EXISTING LOCAL
MUNICIPALLY-OWNED AND FUNDED DRINKING WATER, STORM WATER AND SANITARY
SEWER SYSTEMS. FOR PURPOSES OF THIS SECTION, SUCH PROGRAM SHALL APPLY TO
ANY DRINKING WATER SYSTEM, STORM WATER SYSTEM OR SANITARY SEWER SYSTEM
WITHIN THE STATE THAT IS UNDER THE MAINTENANCE AND/OR OPERATIONAL JURIS-
DICTION OF A COUNTY, CITY, TOWN, VILLAGE OR PUBLIC AUTHORITY; PROVIDED,
HOWEVER, THAT SUCH SYSTEM SHALL NOT BE UNDER THE MAINTENANCE AND/OR
OPERATIONAL JURISDICTION OF A PRIVATE ENTITY; AND PROVIDED FURTHER THAT
NO MORE THAN TEN PERCENT OF THE MONEYS PAID UNDER THE PROGRAM SHALL BE
PAID TOWARD REPLACEMENT AND REHABILITATION OF DRINKING WATER, STORM
WATER, AND SANITARY SEWER SYSTEMS UNDER THE MAINTENANCE AND/OR OPERA-
TIONAL JURISDICTION OF ANY ONE COUNTY, CITY, TOWN, VILLAGE, OR PUBLIC
AUTHORITY. THE COMMISSIONER, IN CONJUNCTION WITH THE ENVIRONMENTAL
FACILITIES CORPORATION, SHALL PROMULGATE ALL NECESSARY RULES AND REGU-
LATIONS TO CARRY OUT THE PROGRAM SO THAT AN EQUITABLE DISTRIBUTION OF
AID SHALL BE MADE FOR THE GENERAL OPERATION AND/OR GENERAL MAINTENANCE
OF ANY SUCH EXISTING DRINKING WATER SYSTEM, STORM WATER SYSTEM OR SANI-
TARY SEWER SYSTEM. EXISTING WATER INFRASTRUCTURE INCLUDES ALL THE MAN-
MADE AND NATURAL FEATURES THAT MOVE AND TREAT WATER IN TERMS OF DRINKING
WATER, WASTE WATER, AND STORM WATER. MONIES FROM THIS FUND MAY BE USED
FOR MAINTENANCE AND REPAIRS OF EXISTING WATER INFRASTRUCTURE AS WELL AS
NEW WATER INFRASTRUCTURE EXPANSION, BUT ONLY INTO ALREADY DEVELOPED
AREAS SO AS NOT TO SUPPORT SPRAWL AND DEVELOPMENT OF NATURAL AREAS.
ALREADY DEVELOPED AREAS ARE THOSE THAT ARE ZONED/DEFINED BY MUNICI-
PALITIES AS OF JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AS COMMERCIAL AND
RESIDENTIAL USE.
2. ON OR BEFORE THE TWENTY-FIFTH DAY OF APRIL, JUNE, SEPTEMBER AND
NOVEMBER OF EACH STATE FISCAL YEAR COMMENCING WITH THE STATE FISCAL YEAR
BEGINNING ON APRIL FIRST, TWO THOUSAND TWENTY-SEVEN, THERE SHALL BE
DISTRIBUTED AND PAID TO COUNTIES, CITIES, TOWNS, VILLAGES AND PUBLIC
S. 3008--B 181
AUTHORITIES AN AMOUNT EQUAL TO THE MONEYS APPROPRIATED FOR THE PURPOSES
OF THIS SECTION DIVIDED BY THE NUMBER OF PAYMENT DATES IN THAT STATE
FISCAL YEAR. SUCH AMOUNTS SHALL BE DISTRIBUTED AND PAID PURSUANT TO
SUBDIVISION THREE OF THIS SECTION.
3. AMOUNTS SHALL BE DISTRIBUTED FOR LOCAL DRINKING WATER, STORM WATER
AND SANITARY SEWER SYSTEMS BASED UPON A FUNDING FORMULA THAT THE DEPART-
MENT AND THE DEPARTMENT OF HEALTH SHALL CREATE TAKING INTO CONSIDERATION
FACTORS INCLUDING BUT NOT LIMITED TO: THE SYSTEM'S LENGTH AND WIDTH OF
PIPES; OTHER PHYSICAL ASSETS MAINTAINED BY THE SYSTEM, INCLUDING TREAT-
MENT FACILITIES AND PUMPING STATIONS; THE AGE OF THE SYSTEM'S INFRAS-
TRUCTURE; AND RELEVANT SOCIOECONOMIC FACTORS, INCLUDING THE PRESENCE OF
DISADVANTAGED COMMUNITIES WITHIN A SYSTEM'S SERVICE AREA, TO ACHIEVE AN
EQUITABLE DISTRIBUTION OF AID.
4. MONIES MADE AVAILABLE MAY BE USED TO MATCH OTHER STATE AND FEDERAL
FUNDS MADE AVAILABLE FOR SUCH PROJECTS. THE REMAINDER OF THE APPORTION-
MENT MAY BE USED FOR ANY EXISTING DRINKING WATER, STORM WATER OR SEWER
SYSTEM PURCHASES, INCLUDING BUT NOT LIMITED TO, THE ACQUISITION OF MATE-
RIALS FOR THE REPLACEMENT OR REHABILITATION.
5. FOR ANY CITY, TOWN, VILLAGE OR PUBLIC AUTHORITY WHICH PROPOSES
INFRASTRUCTURE CONSOLIDATION UNDER THIS SECTION OR MERGES WITH ANOTHER
MUNICIPALITY, THE FUNDS APPROPRIATED UNDER THIS SECTION MAY FUND COSTS
ASSOCIATED WITH SUCH CONSOLIDATION.
6. FOR EACH FISCAL YEAR, STARTING IN TWO THOUSAND TWENTY-SEVEN, FUNDS
ARE TO BE MADE AVAILABLE TO THE LOCAL INFRASTRUCTURE ASSISTANCE ACCOUNT
OF THE GENERAL FUND, AND DISTRIBUTED FROM THAT ACCOUNT.
7. AT THE END OF EACH FISCAL YEAR, EACH COUNTY, CITY, TOWN, VILLAGE
AND PUBLIC AUTHORITY THAT RECEIVES FUNDING PURSUANT TO THIS SECTION
SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT DETAILING HOW SUCH MONEY
WAS USED. THE DEPARTMENT SHALL COMPILE ALL REPORTS AND SUBMIT THEM TO
THE COMPTROLLER FOR THEIR REVIEW. ONCE A REPORT IS FINALIZED, IT SHALL
BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT
AND THE COMPTROLLER SHALL RESERVE THE RIGHT TO CONDUCT SIGHT VISITS TO
ENSURE THE MONEY IS BEING USED ACCURATELY.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART MMM
Section 1. The public service law is amended by adding a new section
24-c to read as follows:
§ 24-C. UTILITY INTERVENOR REIMBURSEMENT. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "COMPENSATION" MEANS PAYMENT FROM THE UTILITY INTERVENOR ACCOUNT
FUND ESTABLISHED BY SECTION NINETY-SEVEN-UUUU OF THE STATE FINANCE LAW,
FOR ALL OR PART, AS DETERMINED BY THE DEPARTMENT, OF REASONABLE ADVO-
CATE'S FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE COSTS
FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
(B) "PARTICIPANT" MEANS A GROUP OF PERSONS THAT APPLY JOINTLY FOR AN
AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
NOT-FOR-PROFIT ORGANIZATION IN THIS STATE AUTHORIZED PURSUANT TO ITS
ARTICLES OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF RESI-
DENTIAL OR SMALL BUSINESS UTILITY CUSTOMERS. FOR PURPOSES OF THIS
SECTION, A PARTICIPANT DOES NOT INCLUDE A NON-PROFIT ORGANIZATION OR
OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
UTILITY OR ITS INVESTORS OR EMPLOYEES, OR THE WELFARE OF ONE OR MORE
S. 3008--B 182
BUSINESSES OR INDUSTRIES WHICH RECEIVE UTILITY SERVICE ORDINARILY AND
PRIMARILY FOR USE IN CONNECTION WITH THE PROFIT-SEEKING MANUFACTURE,
SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
(C) "OTHER REASONABLE COSTS" MEANS REASONABLE OUT-OF-POCKET EXPENSES
DIRECTLY INCURRED BY A PARTICIPANT THAT ARE DIRECTLY RELATED TO THE
CONTENTIONS OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED IN
A SUBSTANTIAL CONTRIBUTION.
(D) "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY, OR
COMMISSION STAFF IN A HEARING OR PROCEEDING.
(E) "PROCEEDING" MEANS A COMPLAINT, OR INVESTIGATION, RULEMAKING, OR
OTHER FORMAL PROCEEDING BEFORE THE COMMISSION, OR ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE SPONSORED
OR ENDORSED BY THE COMMISSION, PROVIDED HOWEVER SUCH PROCEEDINGS SHALL
BE LIMITED TO THOSE ARISING UNDER AND PROCEEDING PURSUANT TO THE FOLLOW-
ING ARTICLES OF THIS CHAPTER: (1) THE REGULATION OF THE PRICE OF GAS AND
ELECTRICITY, PURSUANT TO ARTICLE FOUR OF THIS CHAPTER EXCEPT THOSE
DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF SUBDIVISION TWELVE OF
SECTION SIXTY-SIX OF THIS CHAPTER; (2) THE REGULATION OF THE PRICE OF
STEAM, PURSUANT TO ARTICLE FOUR-A OF THIS CHAPTER; (3) THE SUBMETERING,
REMETERING OR RESALE OF ELECTRICITY TO RESIDENTIAL PREMISES, PURSUANT TO
SECTIONS SIXTY-FIVE AND SIXTY-SIX OF THIS CHAPTER, AND PURSUANT TO REGU-
LATIONS REGARDING THE SUBMETERING, REMETERING, OR RESALE OF ELECTRICITY
ADOPTED BY THE COMMISSION; AND (4) SUCH SECTIONS OF THIS CHAPTER AS ARE
APPLICABLE TO A PROCEEDING IN WHICH THE COMMISSION MAKES A FINDING ON
THE RECORD THAT THE PUBLIC INTEREST REQUIRES THE REIMBURSEMENT OF UTILI-
TY INTERVENOR FEES PURSUANT TO THIS SECTION.
(F) "SIGNIFICANT FINANCIAL HARDSHIP" MEANS THAT THE PARTICIPANT WILL
BE UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF EFFEC-
TIVE PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES, AND
OTHER REASONABLE COSTS OF PARTICIPATION.
(G) "SMALL BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL REVENUE OF
TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
(H) "SUBSTANTIAL CONTRIBUTION" MEANS THAT, IN THE JUDGMENT OF THE
DEPARTMENT, THE PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY ASSIST THE
COMMISSION IN MAKING ITS DECISION BECAUSE THE DECISION MAY ADOPT IN
WHOLE OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS, OR
SPECIFIC POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED BY
THE PARTICIPANT.
2. A PARTICIPANT MAY APPLY FOR AN AWARD OF COMPENSATION UNDER THIS
SECTION IN A PROCEEDING IN WHICH SUCH PARTICIPANT HAS SOUGHT ACTIVE
PARTY STATUS AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT SHALL DETER-
MINE APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH APPLI-
CATIONS. AT THE TIME OF APPLICATION, SUCH PARTICIPANT SHALL SERVE ON
EVERY PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD OF
COMPENSATION.
AN APPLICATION SHALL INCLUDE:
(A) A STATEMENT OF THE NATURE AND EXTENT AND THE FACTUAL AND LEGAL
BASIS OF THE PARTICIPANT'S PLANNED PARTICIPATION IN THE PROCEEDING AS
FAR AS IT IS POSSIBLE TO DESCRIBE SUCH PARTICIPATION WITH REASONABLE
SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
(B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
(C) IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT FINAN-
CIAL HARDSHIP AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO AN AWARD
OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
S. 3008--B 183
IN THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE OF
SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
(D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
3. (A) WITHIN THIRTY DAYS AFTER THE FILING OF AN APPLICATION THE
DEPARTMENT SHALL ISSUE A DECISION THAT DETERMINES WHETHER OR NOT THE
PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN
THE HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE PARTICIPANT
REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
MENT SHALL DESCRIBE THIS SUBSTANTIAL CONTRIBUTION AND DETERMINE THE
AMOUNT OF COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION.
(B) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF THE DEPART-
MENT FINDS THAT THE PARTICIPANT HAS A SIGNIFICANT FINANCIAL HARDSHIP,
THE DEPARTMENT SHALL PROVIDE ALL OR PART OF THE COMPENSATION TO THE
PARTICIPANT FROM ANY FUNDS IN THE UTILITY INTERVENOR ACCOUNT APPROPRI-
ATED FOR SUCH PURPOSE, OR WHERE SUCH FUNDS ARE INSUFFICIENT, THE DEPART-
MENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE PROCEED-
ING TO PAY ALL OR PART OF THE COMPENSATION TO THE DEPARTMENT TO BE
PROVIDED TO THE PARTICIPANT PRIOR TO THE END OF THE PROCEEDING. IN THE
EVENT THAT THE PARTICIPANT DISCONTINUES ITS PARTICIPATION IN THE
PROCEEDING WITHOUT THE CONSENT OF THE DEPARTMENT, THE DEPARTMENT SHALL
BE ENTITLED TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE TO SUCH
PARTICIPANT TO BE REFUNDED TO THE UTILITY INTERVENOR ACCOUNT OR THE
PUBLIC UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
(C) THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL TAKE INTO CONSIDERATION THE MARKET RATES PAID TO
PERSONS OF COMPARABLE TRAINING AND EXPERIENCE WHO OFFER SIMILAR
SERVICES. THE COMPENSATION AWARDED MAY NOT, IN ANY CASE, EXCEED THE
COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
UTILITY, WHICHEVER IS GREATER, TO PERSONS OF COMPARABLE TRAINING AND
EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
(D) ANY COMPENSATION AWARDED TO A PARTICIPANT AND NOT USED BY SUCH
PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE UTILI-
TY INTERVENOR ACCOUNT OR THE PUBLIC UTILITY OR UTILITIES THAT PROVIDED
SUCH PAYMENT.
(E) THE DEPARTMENT SHALL REQUIRE THAT PARTICIPANTS SEEKING PAYMENT
MAINTAIN AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT OF
SUCH PROCEEDING.
(I) THE DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES TO VERIFY
THE CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT PURSU-
ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
(II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
(III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
IPANT'S RECORDS IN MAKING ANY AUDIT OR DETERMINING THE AVAILABILITY OF
FUNDS AFTER THE COMPLETION OF A PROCEEDING.
(F) IN THE EVENT THAT THE DEPARTMENT FINDS THAT TWO OR MORE PARTIC-
IPANTS' APPLICATIONS HAVE SUBSTANTIALLY SIMILAR INTERESTS, THE DEPART-
MENT MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO RECEIVE
COMPENSATION.
4. ANY COMPENSATION PURSUANT TO THIS SECTION SHALL BE PAID AT THE
CONCLUSION OF THE PROCEEDING, USING FUNDS APPROPRIATED TO THE UTILITY
INTERVENOR ACCOUNT FOR SUCH PURPOSE, OR WHERE SUCH FUNDS ARE NOT SUFFI-
CIENT FOR SUCH PAYMENT, BY THE PUBLIC UTILITY OR UTILITIES SUBJECT TO
THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL BE REMITTED
S. 3008--B 184
TO THE DEPARTMENT WHICH SHALL THEN REMIT SUCH COMPENSATION TO THE
PARTICIPANT.
5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
TO DELAY OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF THE DEPART-
MENT'S RESPONSIBILITIES.
§ 2. The state finance law is amended by adding a new section 97-uuuu
to read as follows:
§ 97-UUUU. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A FUND TO BE KNOWN AS THE UTILITY INTERVENOR
ACCOUNT.
2. SUCH ACCOUNT SHALL CONSIST OF ANY MONIES APPROPRIATED FOR THE
PURPOSE OF PROVIDING COMPENSATION PURSUANT TO SECTION TWENTY-FOUR-C OF
THE PUBLIC SERVICE LAW, AND ALL UTILITY INTERVENOR REIMBURSEMENT MONIES
RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF THE PUBLIC
SERVICE LAW.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
PART NNN
Section 1. Section 15-0601 of the environmental conservation law is
amended by adding four new subdivisions 4, 5, 6 and 7 to read as
follows:
4. "RESIDENT APPLICANT" SHALL MEAN A SINGLE OR MULTIFAMILY DWELLING.
5. "COMMERCIAL APPLICANT" SHALL MEAN A COMMERCIAL BUSINESS, PRIVATE
SCHOOL, UNIVERSITY, NOT-FOR-PROFIT CORPORATION, OR OTHER NONPROFIT
ORGANIZATION LOCATED WITHIN NASSAU OR SUFFOLK COUNTIES.
6. "ELIGIBLE SMART IRRIGATION DEVICE" SHALL MEAN A SMART IRRIGATION
DEVICE THAT IS NEW, HAS NOT BEEN USED OR PREVIOUSLY OWNED, AND IS
PURCHASED FROM AN IN-PERSON OR ONLINE RETAILER.
7. "SMART IRRIGATION DEVICE" SHALL MEAN ANY DEVICE WHICH IS INTENDED
TO BE USED OR IS ACTUALLY USED FOR IRRIGATION AND THE MONITORING OF
LOCAL WEATHER DATA TO AUTOMATICALLY ALTER IRRIGATION SCHEDULES BASED ON
SUCH DATA, AND SHALL INCLUDE SUCH DEVICES AS SMART IRRIGATION CONTROL-
LERS AND SMART SPRINKLER SYSTEMS.
§ 2. The environmental conservation law is amended by adding a new
section 15-0609 to read as follows:
§ 15-0609. SMART IRRIGATION DEVICE REBATE PILOT PROGRAM IN NASSAU AND
SUFFOLK COUNTIES.
1. THERE IS HEREBY CREATED WITHIN THE DEPARTMENT A SMART IRRIGATION
DEVICE REBATE PILOT PROGRAM. THE LEGISLATURE FINDS THAT THE SUPPLY OF
WATER FROM LONG ISLAND'S AQUIFERS IS A PRECIOUS AND FINITE RESOURCE THAT
IS SPECIFICALLY THREATENED BY SALTWATER INTRUSION. SALTWATER INTRUSION
AFFECTS MANY COMMUNITIES ON LONG ISLAND, INCLUDING THE CITY OF LONG
BEACH, WHICH OVER THE PAST FORTY-FIVE YEARS AT LEAST, HAS SEEN THE SLOW
YET STEADY INTRUSION OF SUCH SALTWATER INTO THE SHALLOWER LAYERS OF THE
LLOYD AQUIFER, WHICH SUPPLIES THE CITY'S WATER. IT IS ESSENTIAL TO
PROPERLY MANAGE THE USE OF WATER IN ORDER TO ASSURE THAT THE WATER
SUPPLY WILL BE SUFFICIENT TO MEET CURRENT AND FUTURE NEEDS. THE IRRI-
GATION OF COMMERCIAL AND RESIDENTIAL LAWNS AND GARDENS PLACES A SIGNIF-
ICANT DEMAND ON THE WATER SUPPLY AND CONSERVATION EFFORTS ARE A CRIT-
ICALLY IMPORTANT PART OF PROPER MANAGEMENT OF SUCH WATER SUPPLY. DATA
PROVIDED BY THE UNITED STATES GEOLOGICAL SURVEY INDICATES THAT LONG
ISLAND RESIDENTS USE SEVENTY PERCENT MORE WATER THAN THE NATIONAL AVER-
AGE; AND, CONSUMPTION SPIKES IN THE PEAK WATER PUMPAGE SEASON DURING THE
S. 3008--B 185
SUMMER, MAINLY BECAUSE OF LAWN IRRIGATION. FURTHERMORE, IN TWO THOUSAND
SEVENTEEN, THE DEPARTMENT REQUIRED PUBLIC WATER SUPPLIERS TO DEVELOP
PLANS TO REDUCE PEAK SEASON WATER PUMPAGE BY FIFTEEN PERCENT. ACCORDING
TO DATA FROM A TWO THOUSAND TWENTY-THREE REPORT FROM THE LONG ISLAND
COMMISSION FOR AQUIFER PROTECTION, INCREASED IRRIGATION CONTROL IS NEED-
ED AS PEAK WATER PUMPAGE IN NASSAU COUNTY WAS THREE AND ONE-HALF PERCENT
LOWER THAN THE AVERAGE FOR THE PREVIOUS DECADE; AND, IN SUFFOLK COUNTY,
WATER USE ACTUALLY INCREASED. ADDITIONALLY, SMART IRRIGATION SYSTEMS
HAVE A BENEFICIAL IMPACT ON CONSERVING WATER AND ENSURE A HIGH LEVEL OF
LAWNCARE BEAUTIFICATION BY COMMERCIAL BUSINESSES AND RESIDENTS. THERE-
FORE, THE PURPOSE OF THE PROGRAM IS TO REDUCE WATER CONSUMPTION, PROPER-
LY MANAGE THE USE OF WATER TO MEET CURRENT AND FUTURE NEEDS, ENHANCE
CONSERVATION EFFORTS AND INCREASE EFFECTIVE IRRIGATION TECHNIQUES. THE
COUNTIES OF NASSAU AND SUFFOLK CAN BENEFIT FROM SUCH PROGRAM.
2. THE DEPARTMENT SHALL CREATE A PROGRAM, SUBJECT TO APPROPRIATION
THEREFORE, TO AWARD REBATES TO COMMERCIAL APPLICANTS AND RESIDENT APPLI-
CANTS WITHIN NASSAU AND SUFFOLK COUNTIES FOR ELIGIBLE SMART IRRIGATION
DEVICES IN AMOUNTS DETERMINED BY THE DEPARTMENT. THE PROGRAM SHALL OPEN
FOR APPLICATIONS ON MARCH FIRST, TWO THOUSAND TWENTY-SIX.
3. THE DEPARTMENT SHALL DETERMINE THE MAXIMUM REBATE ALLOWABLE FOR
COMMERCIAL APPLICANTS AND FOR RESIDENT APPLICANTS IN ACCORDANCE WITH THE
REQUIREMENTS OF THIS SECTION AND RULES PROMULGATED BY THE DEPARTMENT,
TAKING INTO CONSIDERATION THE EFFECTIVENESS OF PRODUCTS AT THE LOWEST
PRICE POINT. REBATES SHALL BE ALLOCATED TO ELIGIBLE APPLICANTS ON A
FIRST-COME, FIRST-SERVED BASIS, DETERMINED BY THE DATE THE APPLICATION
IS RECEIVED, FOR SYSTEMS PURCHASED AFTER THE EFFECTIVE DATE OF THIS
SECTION, UNTIL THE EARLIER OF THE EXPENDITURE OF ALL APPROPRIATED FUNDS
OR THE PROGRAM END DATE.
4. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
AND ADMINISTER THE PROVISIONS OF THIS SECTION NO LATER THAN JANUARY
THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, INCLUDING RULES AND REGULATIONS
RELATING TO THE TYPES OF SMART IRRIGATION DEVICES ELIGIBLE UNDER THIS
SECTION AND REBATE AMOUNTS FOR SUCH DEVICES, THE FORMS, PROCEDURE AND
GUIDELINES REQUIRED TO CLAIM A REBATE, THE REQUIRED DOCUMENTATION AND
BASIS FOR ESTABLISHING ELIGIBILITY FOR A REBATE, THE COLLECTION OF
ECONOMIC IMPACT DATA FROM APPLICANTS, AND ANY OTHER REQUIREMENTS THE
DEPARTMENT DEEMS NECESSARY. IN THE COURSE OF DEVELOPING SUCH RULES AND
REGULATIONS, THE DEPARTMENT SHALL CONSULT WITH RELEVANT STAKEHOLDERS,
INCLUDING THE NASSAU COUNTY DEPARTMENT OF HEALTH, THE SUFFOLK COUNTY
DEPARTMENT OF HEALTH AND RETAILERS SELLING ELIGIBLE SMART IRRIGATION
DEVICES. THE DEPARTMENT SHALL CONDUCT EDUCATION AND OUTREACH, WITH
INFORMATIONAL MATERIALS MADE AVAILABLE IN ENGLISH AND AT LEAST THE THREE
MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED-
ENGLISH PROFICIENCY IN NASSAU AND SUFFOLK COUNTIES, BASED ON UNITED
STATES CENSUS DATA, AS NECESSARY TO INFORM POTENTIAL APPLICANTS AND
MANUFACTURERS AND RETAILERS OF SMART IRRIGATION DEVICES ABOUT THE SMART
IRRIGATION EQUIPMENT REBATE PILOT PROGRAM.
5. THE DEPARTMENT SHALL DETERMINE AND PUBLISH ON ITS WEBSITE ON AN
ONGOING BASIS THE AMOUNT OF AVAILABLE FUNDING FOR REBATES REMAINING IN
EACH FISCAL YEAR.
6. NO LATER THAN ONE YEAR AFTER THE PROGRAM HAS OPENED FOR APPLICA-
TIONS, THE DEPARTMENT SHALL ISSUE A REPORT TO THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY DETAILING THE STATUS OF THE
SMART IRRIGATION DEVICE REBATE PILOT PROGRAM IN NASSAU AND SUFFOLK COUN-
TIES. SUCH REPORT SHALL INCLUDE:
S. 3008--B 186
(A) THE AMOUNT OF FUNDING DEDICATED BY THE DEPARTMENT FOR THE PROGRAM
IN THE PRECEDING YEAR;
(B) THE AMOUNT OF ELIGIBLE PURCHASES FOR WHICH A REBATE WAS AWARDED;
(C) THE AMOUNT AND GEOGRAPHIC DISTRIBUTION OF REBATES;
(D) RECOMMENDATIONS TO IMPROVE PROGRAM EFFECTIVENESS, INCLUDING WHETH-
ER SUCH ELIGIBLE SMART IRRIGATION DEVICES SHOULD BECOME TAX EXEMPT TO
INCREASE UPTAKE BY COMMERCIAL AND RESIDENTIAL APPLICANTS; AND
(E) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed three years after it shall have become a law.
PART OOO
Section 1. Section 56-0501 of the environmental conservation law is
amended by adding a new subdivision 3 to read as follows:
3. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-FIVE--TWO THOU-
SAND TWENTY-SIX, ENVIRONMENTAL RESTORATION PROJECTS MAY BE FUNDED WITHIN
AVAILABLE APPROPRIATIONS.
§ 2. Subdivision 1 of section 56-0502 of the environmental conserva-
tion law is REPEALED.
§ 3. Subdivisions 1-a and 5 of section 56-0502 of the environmental
conservation law, subdivision 1-a as added and subdivision 5 as amended
by section 2 of part D of chapter 577 of the laws of 2004, are amended
and two new subdivisions 1 and 7 are added to read as follows:
1. "CONTAMINANT" SHALL MEAN HAZARDOUS WASTE AS DEFINED IN SECTION
27-1301 OF THIS CHAPTER, PETROLEUM AS DEFINED IN SECTION ONE HUNDRED
SEVENTY-TWO OF THE NAVIGATION LAW, THE CHEMICALS IDENTIFIED IN PARAGRAPH
C OF SUBDIVISION THREE OF SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC
HEALTH LAW WHETHER OR NOT LISTED PURSUANT TO THE AUTHORITY OF THE
DEPARTMENT OF HEALTH UNDER SUCH SECTION AND ANY OTHER EMERGING CONTAM-
INANTS AS DEFINED IN SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC HEALTH
LAW, AND ANY OTHER PFAS SUBSTANCES FOR WHICH A TESTING METHOD HAS BEEN
RECOMMENDED, CERTIFIED, APPROVED OR IS IN USE BY THE FEDERAL ENVIRON-
MENTAL PROTECTION AGENCY, THE DEPARTMENT OF HEALTH OR THE DEPARTMENT.
1-a. "Contamination" or "contaminated" shall [have the same meaning as
provided in section 27-1405 of this chapter] MEAN THE PRESENCE OF A
CONTAMINANT IN ANY ENVIRONMENTAL MEDIA, INCLUDING SOIL, SURFACE WATER,
GROUNDWATER, AIR, OR INDOOR AIR.
5. "Municipality", for purposes of this title, shall have the same
meaning as provided in subdivision fifteen of section 56-0101 of this
article, except that such term shall not refer to a municipality that
[generated, transported, or disposed of, arranged for, or that caused
the generation, transportation, or disposal of contamination located at
real property proposed to be investigated or to be remediated under an
environmental restoration project. For purposes of this title, the term
municipality includes a municipality acting in partnership with a commu-
nity based organization], THROUGH GROSS NEGLIGENCE OR WILLFUL OR INTEN-
TIONAL MISCONDUCT, CAUSED OR CONTRIBUTED TO CONTAMINATION WHICH THREAT-
ENS PUBLIC HEALTH OR THE ENVIRONMENT, AT REAL PROPERTY TO BE
INVESTIGATED OR REMEDIATED UNDER AN ENVIRONMENTAL RESTORATION PROJECT.
7. "PFAS SUBSTANCES" SHALL MEAN A CLASS OF FLUORINATED ORGANIC CHEMI-
CALS CONTAINING AT LEAST ONE FULLY FLUORINATED CARBON ATOM.
§ 4. Paragraph (c) of subdivision 2 of section 56-0503 of the environ-
mental conservation law, as amended by section 38 of part BB of chapter
56 of the laws of 2015, is amended to read as follows:
S. 3008--B 187
(c) A provision that the municipality shall assist in identifying a
responsible party by searching local records, including property tax
rolls, or document reviews, and if, in accordance with the required
departmental approval of any settlement with a responsible party, any
responsible party payments become available to the municipality, before,
during or after the completion of an environmental restoration project,
which were not included when the state share was calculated pursuant to
this section, [the state assistance share shall be recalculated, and]
THE VALUE OF SUCH SETTLEMENT SHALL BE USED BY THE MUNICIPALITY TO FUND
ITS MUNICIPAL SHARE, AND THE STATE ASSISTANCE SHARE SHALL NOT BE RECAL-
CULATED, TO THE EXTENT THAT THE TOTAL OF ALL SUCH SETTLEMENT AMOUNTS IS
EQUAL TO OR LESS THAN THE MUNICIPAL SHARE. TO THE EXTENT THE TOTAL OF
ALL SUCH SETTLEMENT AMOUNTS EXCEEDS THE MUNICIPAL SHARE, the munici-
pality shall pay SUCH EXCEEDANCE to the state, for deposit into the
environmental restoration project account of the hazardous waste remedi-
al fund established under section ninety-seven-b of the state finance
law[, the difference between the original state assistance payment and
the recalculated state share. Recalculation of the state share shall be
done each time a payment from a responsible party is received by the
municipality];
§ 5. Paragraphs (a), (d), and (e) of subdivision 1 of section 56-0505
of the environmental conservation law, as amended by section 5 of part D
of chapter 1 of the laws of 2003, are amended and a new paragraph (f) is
added to read as follows:
(a) the benefit to the environment AND PUBLIC HEALTH realized by the
expeditious remediation of the property proposed to be subject to such
project;
(d) real property in a designated brownfield opportunity area pursuant
to section nine hundred seventy-r of the general municipal law OR REAL
PROPERTY IN A DISADVANTAGED COMMUNITY PURSUANT TO SUBDIVISION FIVE OF
SECTION 75-0101 OF THIS CHAPTER; [and]
(e) the opportunity for other funding sources to be available for the
INVESTIGATION OR remediation of such property, including, but not limit-
ed to, enforcement actions against responsible parties (other than the
municipality to which state assistance was provided under this title; or
a successor in title, lender, or lessee who was not otherwise a respon-
sible party prior to such municipality taking title to the property),
state assistance payments pursuant to title thirteen of article twenty-
seven of this chapter, and the existence of private parties willing to
remediate such property using private funding sources. Highest priority
shall be granted to projects for which other such funding sources are
not available[.]; AND
(F) FOR DRINKING WATER CONTAMINATION SITES AS DEFINED IN SECTION
27-1201 OF THIS CHAPTER, ANY REQUIREMENTS MADE BY THE COMMISSIONER OF
HEALTH PURSUANT TO SECTION 27-1205 OF THIS CHAPTER, FOR A MUNICIPALLY
OWNED PUBLIC WATER SYSTEM TO TAKE ACTION TO REDUCE EXPOSURE TO AN EMERG-
ING CONTAMINANT OR CONTAMINANTS.
§ 6. Subdivision 2 of section 56-0505 of the environmental conserva-
tion law is REPEALED.
§ 7. Subdivisions 3, 4, and 5 of section 56-0505 of the environmental
conservation law are renumbered subdivisions 2, 3, and 4 and subdivision
2, as amended by section 5 of part D of chapter 1 of the laws of 2003
and as renumbered by this section, is amended to read as follows:
2. The remediation objective of an environmental restoration remedi-
ation project shall meet the same standard for protection of public
S. 3008--B 188
health and the environment that applies to remedial actions undertaken
pursuant to [section] SECTIONS 27-1313 AND 27-1205 of this chapter.
§ 8. Subdivision 3 of section 56-0509 of the environmental conserva-
tion law, as amended by section 4 of part D of chapter 577 of the laws
of 2004, is amended to read as follows:
3. (A) The state shall indemnify and save harmless any municipality[,]
THAT COMPLETES AN ENVIRONMENTAL RESTORATION REMEDIATION PROJECT IN
COMPLIANCE WITH THE TERMS AND CONDITIONS OF A STATE ASSISTANCE CONTRACT
OR WRITTEN AGREEMENT PURSUANT TO SUBDIVISION THREE OF SECTION 56-0503 OF
THIS TITLE PROVIDING SUCH ASSISTANCE AND ANY successor in title, lessee,
or lender [identified in paragraph (a) of subdivision one of this
section] in the amount of any judgment or settlement, obtained against
such municipality, successor in title, lessee, or lender in any court
for any common law cause of action arising out of: (I) the presence of
any contamination in or on property at anytime before the effective date
of a contract entered into pursuant to this title; OR (II) MUNICIPAL
ACTIONS RELATED TO THE IMPLEMENTATION OF THE ENVIRONMENTAL RESTORATION
REMEDIATION PROJECT.
(B) Such municipality, successor in title, lessee, or lender shall be
entitled to representation by the attorney general, unless the attorney
general determines, or a court of competent jurisdiction determines,
that such representation would constitute a conflict of interest, in
which case the attorney general shall certify to the comptroller that
such party is entitled to private counsel of its choice, and reasonable
attorneys' fees and expenses shall be reimbursed by the state. Any
settlement of such an action shall be subject to the approval of the
attorney general as to form and amount, and this subdivision shall not
apply to any settlement of any such action which has not received such
approval.
§ 9. Notwithstanding subdivisions a, b, and c of section 32 of chapter
413 of the laws of 1996, a memorandum of understanding shall not be
required to make available twenty million dollars ($20,000,000) from the
Clean Water/Clean Air Bond Act of 1996 for state assistance payments to
municipalities for environmental remediation in accordance with title 5
of article 56 of the environmental conservation law.
§ 10. This act shall take effect immediately.
PART PPP
Section 1. The public authorities law is amended by adding a new
section 1885 to read as follows:
§ 1885. PREVIOUSLY OWNED ZERO-EMISSION VEHICLES REBATE PROGRAM. 1.
THERE IS HEREBY CREATED WITHIN THE AUTHORITY A ZERO-EMISSION VEHICLES
REBATE PROGRAM. THE PURPOSE OF THE PROGRAM IS TO REDUCE GREENHOUSE GAS
EMISSIONS, IMPROVE AIR QUALITY, AND REDUCE NOISE POLLUTION BY PROMOTING
THE ADOPTION OF QUIETER, ZERO-EMISSION VEHICLES.
2. AS USED IN THIS SECTION:
(A) "INSTITUTIONAL OR COMMERCIAL APPLICANT" SHALL MEAN A COMMERCIAL
BUSINESS, OR A STATE AGENCY, STATE AUTHORITY, LOCAL AUTHORITY, TOWN,
COUNTY, VILLAGE, SCHOOL DISTRICT, PRIVATE SCHOOL, UNIVERSITY, NOT-FOR-
PROFIT CORPORATION, OR OTHER NONPROFIT ORGANIZATION.
(B) "INDIVIDUAL APPLICANT" SHALL MEAN A PERSON, WHO IS NOT AN INSTITU-
TIONAL OR COMMERCIAL APPLICANT, AND WHO INTENDS TO USE AN ELIGIBLE ZERO-
EMISSION VEHICLE FOR PRIVATE HOME USE AND NOT FOR ANY COMMERCIAL
PURPOSES.
S. 3008--B 189
(C) "ZERO-EMISSION VEHICLE" SHALL HAVE THE SAME MEANING AS UNDER PART
TWO HUNDRED EIGHTEEN OF TITLE SIX OF THE NEW YORK CODES, RULES AND REGU-
LATIONS.
(D) "ELIGIBLE ZERO-EMISSION VEHICLE" SHALL MEAN A ZERO-EMISSION VEHI-
CLE THAT HAS BEEN USED OR PREVIOUSLY OWNED, AND IS PURCHASED OR LEASED
FROM A STOREFRONT OR ONLINE RETAILER.
(E) "LOCAL AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
TWO OF SECTION TWO OF THIS CHAPTER.
(F) "STATE AGENCY" SHALL MEAN ALL STATE DEPARTMENTS, BOARDS, COMMIS-
SIONS, OFFICES OR INSTITUTIONS.
(G) "STATE AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
ONE OF SECTION TWO OF THIS CHAPTER.
3. THE AUTHORITY SHALL AWARD REBATES TO INSTITUTIONAL OR COMMERCIAL
APPLICANTS AND INDIVIDUAL APPLICANTS AT THE POINT OF SALE FOR ELIGIBLE
ZERO-EMISSION VEHICLES IN AMOUNTS UP TO TWO THOUSAND DOLLARS, AS DETER-
MINED BY THE AUTHORITY.
4. THE AUTHORITY SHALL DETERMINE THE REBATE ELIGIBILITY OF EACH APPLI-
CANT IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND RULES
PROMULGATED BY THE AUTHORITY. THE TOTAL AMOUNT OF REBATES ALLOCATED TO
CERTIFIED APPLICANTS IN EACH FISCAL YEAR SHALL NOT EXCEED THE AMOUNT OF
FUNDS AVAILABLE FOR THE PROGRAM IN SUCH FISCAL YEAR. REBATES SHALL BE
ALLOCATED TO APPLICANTS ON A FIRST-COME, FIRST-SERVED BASIS, DETERMINED
BY THE DATE THE APPLICATION IS RECEIVED, UNTIL ALL APPROPRIATED FUNDS
FOR THE FISCAL YEAR ARE EXPENDED OR THE PROGRAM ENDS, WHICHEVER COMES
FIRST.
5. THE AUTHORITY SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
AND ADMINISTER THE PROVISIONS OF THIS SECTION NO LATER THAN ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION, INCLUDING RULES AND REGU-
LATIONS RELATING TO THE FORMS REQUIRED TO CLAIM A REBATE UNDER THIS
SECTION, THE REQUIRED DOCUMENTATION AND BASIS FOR ESTABLISHING ELIGIBIL-
ITY FOR A REBATE, PROCEDURES AND GUIDELINES FOR CLAIMING A REBATE, THE
COLLECTION OF ECONOMIC IMPACT DATA FROM APPLICANTS, AND ANY OTHER
REQUIREMENTS THE AUTHORITY DEEMS NECESSARY. THE AUTHORITY SHALL CONDUCT
EDUCATION AND OUTREACH, WITH INFORMATIONAL MATERIALS MADE AVAILABLE IN
AT LEAST ENGLISH AND THE THREE MOST COMMON NON-ENGLISH LANGUAGES SPOKEN
BY INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY IN THE STATE OF NEW
YORK, BASED ON UNITED STATES CENSUS DATA, AS NECESSARY TO INFORM POTEN-
TIAL APPLICANTS AND MANUFACTURERS AND RETAILERS OF ELIGIBLE ZERO-EMIS-
SION VEHICLES ABOUT THE ZERO-EMISSION VEHICLES REBATE PROGRAM.
6. THE AUTHORITY SHALL DETERMINE AND PUBLISH ON ITS WEBSITE ON AN
ONGOING BASIS THE AMOUNT OF AVAILABLE FUNDING FOR REBATES REMAINING IN
EACH FISCAL YEAR.
7. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
AND ANNUALLY THEREAFTER ON THE FIRST OF JANUARY, THE AUTHORITY SHALL
ISSUE A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF THE SENATE COMMITTEE ON ENERGY AND TELECOMMU-
NICATIONS AND THE CHAIR OF THE ASSEMBLY COMMITTEE ON ENERGY DETAILING
THE STATUS OF THE ZERO-EMISSION VEHICLES REBATE PROGRAM. SUCH REPORT
SHALL INCLUDE:
(A) THE AMOUNT OF FUNDING DEDICATED BY THE AUTHORITY FOR THE PROGRAM
IN THE PRECEDING YEAR;
(B) THE AMOUNT OF ELIGIBLE PURCHASES FOR WHICH A REBATE WAS AWARDED;
(C) THE AMOUNT AND GEOGRAPHIC DISTRIBUTION OF REBATES; AND
(D) ANY OTHER INFORMATION THE AUTHORITY DEEMS NECESSARY.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed January 1, 2031.
S. 3008--B 190
PART QQQ
Section 1. The public authorities law is amended by adding a new
section 1885 to read as follows:
§ 1885. FLOATING SOLAR INCENTIVE AND EDUCATION PROGRAM. 1. AS USED IN
THIS SECTION THE TERM "FLOATING SOLAR" SHALL MEAN SOLAR PHOTOVOLTAIC
SYSTEMS MOUNTED ON FLOATING STRUCTURES OR PLATFORMS ON THE SURFACE OF A
BODY OF WATER, INCLUDING BUT NOT LIMITED TO CANALS, LAKES, RESERVOIRS,
AND PONDS.
2. THE AUTHORITY SHALL ESTABLISH AND MAINTAIN A FLOATING SOLAR INCEN-
TIVE AND EDUCATION PROGRAM PURSUANT TO STANDARDS AND CRITERIA PROMULGAT-
ED BY THE AUTHORITY WHICH SHALL PROVIDE INFORMATION AND RESOURCES
INCLUDING TECHNICAL ASSISTANCE, ACCESS TO INDUSTRY STANDARDS, AND
FINANCING AVAILABLE THROUGH THE AUTHORITY OR OTHER PUBLIC OR PRIVATE
SECTOR SOURCES, TO MUNICIPALITIES, DEVELOPERS, BUILDERS, DESIGN PROFES-
SIONALS, AND POTENTIAL OWNERS FOR THE CONSTRUCTION OF FLOATING SOLAR.
3. THE PROGRAM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
(A) GRANTS FOR THE DEVELOPMENT OF FLOATING SOLAR ON SITES THAT ARE
CONSTRUCTED ON CANALS, RESERVOIRS, COMMERCIAL AND INDUSTRIAL PONDS, AND
ANY OTHER ARTIFICIALLY CREATED BODY OF WATER SUITABLE FOR SITING A
FLOATING SOLAR PROJECT;
(B) IDENTIFICATION OF BEST PRACTICES AND STRATEGIES FOR SITING FLOAT-
ING SOLAR PROJECTS THAT PROTECT THE ECOSYSTEMS OF BODIES OF WATER;
(C) MONITORING ANY IMPACTS FLOATING SOLAR MAY HAVE ON WATER QUALITY,
WATER CONSERVATION, AND ALGAE CONTROL; AND
(D) ESTABLISHING AND DISTRIBUTING EDUCATIONAL MATERIALS AND RESOURCES
ABOUT SITING, CONSTRUCTION, MAINTENANCE, AND AVAILABLE INCENTIVES ON
FLOATING SOLAR.
4. THE AUTHORITY, IN CONSULTATION WITH THE PUBLIC SERVICE COMMISSION
AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL PROMULGATE ALL
RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THE PROGRAM.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART RRR
Section 1. The public service law is amended by adding a new section
66-x to read as follows:
§ 66-X. ADVANCING GRID ENHANCEMENT TECHNOLOGIES. 1. FOR THE PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "GRID ENHANCING TECHNOLOGY" MEANS ANY HARDWARE OR SOFTWARE TECH-
NOLOGY THAT ENABLES ENHANCED OR MORE EFFICIENT PERFORMANCE FROM THE
ELECTRIC TRANSMISSION SYSTEM, INCLUDING, BUT NOT LIMITED TO, DYNAMIC
LINE RATING, ADVANCED POWER FLOW CONTROL TECHNOLOGY, TOPOLOGY OPTIMIZA-
TION AND ADVANCED RECONDUCTORING.
(B) "ADVANCED RECONDUCTORS" MEANS HARDWARE TECHNOLOGY THAT CAN CONDUCT
ELECTRICITY ACROSS TRANSMISSION LINES AND DEMONSTRATE ENHANCED PERFORM-
ANCE OVER TRADITIONAL CONDUCTOR PRODUCTS.
(C) "DYNAMIC LINE RATING" MEANS HARDWARE AND/OR SOFTWARE TECHNOLOGIES
USED TO APPROPRIATELY UPDATE THE CALCULATED THERMAL LIMITS OF EXISTING
TRANSMISSION LINES BASED ON REAL-TIME AND FORECASTED WEATHER CONDITIONS.
(D) "ADVANCED POWER FLOW CONTROL" MEANS HARDWARE AND/OR SOFTWARE TECH-
NOLOGIES USED TO PUSH OR PULL ELECTRIC POWER IN A MANNER THAT BALANCES
S. 3008--B 191
OVERLOADED LINES AND UNDERUTILIZED CORRIDORS WITHIN THE TRANSMISSION
NETWORK.
(E) "TOPOLOGY OPTIMIZATION" MEANS HARDWARE AND/OR SOFTWARE TECHNOLO-
GIES THAT IDENTIFY RECONFIGURATIONS OF THE TRANSMISSION GRID AND CAN
ENABLE THE ROUTING OF POWER FLOWS AROUND CONGESTED OR OVERLOADED TRANS-
MISSION ELEMENTS.
(F) "ELECTRIC CORPORATION" AND "COMBINATION ELECTRIC AND GAS CORPO-
RATION" SHALL HAVE THE SAME MEANING AS IN SECTION TWO OF THIS CHAPTER.
(G) "TRANSMISSION" SHALL HAVE THE SAME MEANING AS "MAJOR ELECTRIC
TRANSMISSION FACILITY" AS DEFINED IN SECTION ONE HUNDRED THIRTY-SEVEN OF
THIS CHAPTER.
2. FOR PROCEEDINGS BEFORE THE COMMISSION IN WHICH AN ELECTRIC CORPO-
RATION OR COMBINATION ELECTRIC AND GAS CORPORATION PROPOSES CAPITAL
IMPROVEMENTS OR ADDITIONS TO THE TRANSMISSION SYSTEM, THE DEPARTMENT MAY
AUTHORIZE SUCH ELECTRIC CORPORATIONS OR COMBINATION ELECTRIC AND GAS
CORPORATIONS TO CONDUCT A COST-EFFECTIVENESS ANALYSIS OF MULTIPLE STRAT-
EGIES, INCLUDING, BUT NOT LIMITED TO, THE DEPLOYMENT OF GRID ENHANCING
TECHNOLOGIES, AND ADVANCED RECONDUCTORING. WHERE GRID ENHANCING TECH-
NOLOGIES OR ADVANCED RECONDUCTORING, WHETHER IN COMBINATION WITH OR
INSTEAD OF OTHER CAPITAL INVESTMENTS, OFFER A MORE COST-EFFECTIVE STRAT-
EGY TO ACHIEVE TRANSMISSION GOALS, INCLUDING, BUT NOT LIMITED TO,
DISTRIBUTED ENERGY RESOURCE INTERCONNECTION, THE COMMISSION MAY APPROVE
THE DEPLOYMENT OF GRID ENHANCING TECHNOLOGIES OR ADVANCED RECONDUCTORING
AS PART OF THE OVERALL SOLUTIONS STRATEGY.
3. AS PART OF A PROCEEDING BEFORE THE COMMISSION IN WHICH IT PROPOSES
CAPITAL IMPROVEMENTS OR ADDITIONS TO THE TRANSMISSION SYSTEM, AN ELEC-
TRIC CORPORATION OR COMBINATION ELECTRIC AND GAS CORPORATION MAY PROPOSE
A PERFORMANCE INCENTIVE MECHANISM THAT PROVIDES A FINANCIAL INCENTIVE
FOR THE COST-EFFECTIVE DEPLOYMENT OF GRID ENHANCING TECHNOLOGIES OR
ADVANCED RECONDUCTORING.
4. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND/OR REGULATIONS IT
DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
5. BEGINNING FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND
EVERY FIVE YEARS THEREAFTER, EACH ELECTRIC CORPORATION OR COMBINATION
ELECTRIC AND GAS CORPORATION SHALL REPORT TO THE FEDERALLY DESIGNATED
BULK SYSTEM OPERATOR, AND THE COMMISSION ON OR BEFORE SEPTEMBER FIRST ON
THE DEPLOYMENT OF ANY GRID ENHANCING TECHNOLOGIES OR ADVANCED RECONDUC-
TORING IN A FORMAT DETERMINED BY THE DEPARTMENT.
§ 2. Section 1005 of the public authorities law is amended by adding a
new subdivision 31 to read as follows:
31. FOR ANY TRANSMISSION FACILITY THE AUTHORITY CONSTRUCTS OR UPGRADES
IN CONNECTION WITH THIS SECTION THE AUTHORITY MAY CONDUCT A COST-EFFEC-
TIVENESS ANALYSIS OF MULTIPLE STRATEGIES, INCLUDING, BUT NOT LIMITED TO,
THE DEPLOYMENT OF GRID ENHANCING TECHNOLOGIES AND ADVANCED RECONDUCTOR-
ING. WHERE GRID ENHANCING TECHNOLOGIES OR ADVANCED RECONDUCTORING,
WHETHER IN COMBINATION WITH OR INSTEAD OF OTHER CAPITAL INVESTMENTS,
OFFER A MORE COST-EFFECTIVE STRATEGY TO ACHIEVE TRANSMISSION GOALS,
INCLUDING, BUT NOT LIMITED TO, DISTRIBUTED ENERGY RESOURCE INTERCON-
NECTION, THE AUTHORITY, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES
AND WITH ANY NECESSARY APPROVAL FROM THE PUBLIC SERVICE COMMISSION, IS
AUTHORIZED TO DEPLOY GRID ENHANCING TECHNOLOGIES OR ADVANCED RECONDUC-
TORING, AS PART OF THE OVERALL SOLUTIONS STRATEGY.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
PART SSS
S. 3008--B 192
Section 1. Paragraphs (a) and (b) of subdivision 2-a of section 314 of
the executive law, as amended by chapter 96 of the laws of 2019, subpar-
agraph (i) of paragraph (a) as amended by chapter 669 of the laws of
2022, are amended to read as follows:
(a) The director shall establish a procedure [enabling] REQUIRING the
office to accept New York municipal corporation certification verifica-
tion for minority and women-owned business enterprise applicants in lieu
of requiring the applicant to complete the state certification process
SEPARATELY. [The] ANY MUNICIPAL CORPORATION THAT CHOOSES TO USE SUCH
PROCEDURE SHALL FIRST ENTER INTO A MEMORANDUM OF UNDERSTANDING REGARDING
ACCEPTANCE OF SUCH MUNICIPAL CORPORATION CERTIFICATION VERIFICATION WITH
THE OFFICE, AND THE director shall promulgate rules and regulations to
set forth criteria for the acceptance of municipal corporation certif-
ication. [All eligible municipal corporation certifications] AN APPLI-
CANT CERTIFIED IN LIEU OF COMPLETING THE STATE CERTIFICATION PROCESS
SEPARATELY PURSUANT TO THIS SECTION shall [require] MEET THE DEFINITION
OF A MINORITY-OWNED business [enterprises seeking certification to meet
the following standards:
(i) have at least fifty-one percent ownership by a minority] ENTER-
PRISE or a women-owned BUSINESS enterprise [and be owned by United
States citizens or permanent resident noncitizens;
(ii) be an enterprise in which the minority and/or women-ownership
interest is real, substantial and continuing;
(iii) be an enterprise in which the minority and/or women-ownership
has and exercises the authority to control independently the day-to-day
business decisions of the enterprise;
(iv) be an enterprise authorized to do business in this state;
(v) be subject to a physical site inspection to verify the fifty-one
percent ownership requirement;
(vi) be owned by an individual or individuals, whose ownership,
control and operation are relied upon for certification, with a personal
net worth that does not exceed fifteen million dollars and such other
amount as the director shall set forth in regulations, as adjusted annu-
ally for inflation according to the consumer price index; and
(vii) be an enterprise that is a small business pursuant to subdivi-
sion twenty of] AS SET FORTH IN section three hundred ten of this arti-
cle IN ORDER TO RECEIVE STATE CERTIFICATION.
(b) The director shall work with all municipal corporations that have
a municipal minority and women-owned business enterprise program to
develop standards to accept state certification to meet the municipal
corporation minority and women-owned business enterprise certification
standards WHENEVER A MUNICIPAL CORPORATION REQUESTS ASSISTANCE. UPON
ENTERING INTO A MEMORANDUM OF UNDERSTANDING PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, EACH MUNICIPAL CORPORATION THAT HAS A MUNICIPAL MINOR-
ITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM SHALL ESTABLISH A PROCE-
DURE REQUIRING SUCH MUNICIPALITY TO ACCEPT STATE CERTIFICATION VERIFICA-
TION FOR MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE APPLICANTS IN LIEU
OF REQUIRING APPLICANTS TO APPLY TO EACH ENTITY SEPARATELY. THE MUNICI-
PAL CORPORATION SHALL DEVELOP RULES AND REGULATIONS IN ORDER TO ACCEPT
STATE CERTIFICATION IN SITUATIONS WHERE AN APPLICANT WHO IS CERTIFIED AS
A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO THE LAW OR
RULE FOR SUCH MUNICIPAL CORPORATION'S CERTIFICATION PROGRAM ALSO MEETS
THE DEFINITION OF A MINORITY-OWNED BUSINESS ENTERPRISE OR WOMEN-OWNED
BUSINESS ENTERPRISE AS SET FORTH IN SECTION THREE HUNDRED TEN OF THIS
ARTICLE.
S. 3008--B 193
§ 2. This act shall take effect on the two hundred seventieth day
after it shall have become a law; provided, however, that the amendments
to paragraphs (a) and (b) of subdivision 2-a of section 314 of the exec-
utive law made by section one of this act shall not affect the repeal of
such section and shall be deemed repealed therewith.
PART TTT
Section 1. Legislative intent. The legislature finds and declares
that:
1. The increasing burden of high utility rates leaves New York resi-
dents with extreme financial difficulties. Soaring electricity rates
leave one in five New York residents at risk of having their electricity
cut off. Meanwhile, the long-term trend of utilities receiving record
profits threatens the livelihood of millions of New Yorkers who struggle
to afford utility bills.
2. The current process in which the public service commission (herein-
after the "commission") and regulated utilities set rates for utility
bills to ratepayers has historically been inaccessible and indeciphera-
ble to the public and often runs contrary to the stated goals of the
commission to ensure affordable, safe, secure, and reliable utility
service for New York residential and business consumers.
3. Regulated utilities are entitled to earn a fair and reasonable rate
of return on their capital investments, pursuant to Supreme Court
rulings in Federal Power Commission et al. v. Hope Natural Gas Co.
(1944) and Bluefield Water Works and Improvement Co. v. Public Service
Commission of West Virginia (1923). However, recent trends suggest that
the "fair and reasonable" legal standard is not always reflected in
actual utility rates for consumers. Aligning the incentives of regu-
lated utilities and ratepayers is essential to protect the interests of
all New York residents by establishing a more accurate standard for a
regulated utility's right to earn a fair and reasonable rate of return.
§ 2. The public service law is amended by adding a new section 65-c to
read as follows:
§ 65-C. SETTING A RATE OF RETURN ON EQUITY AND COMMON EQUITY RATIO. 1.
DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "REGULATED UTILITY" MEANS AN "ELECTRIC CORPORATION", "GAS CORPO-
RATION", "STEAM CORPORATION", OR "WATER-WORKS CORPORATION" AS DEFINED IN
SECTION TWO OF THIS CHAPTER.
(B) "GENERIC FINANCING METHODOLOGY" MEANS A STANDARDIZED PROCEDURE FOR
DETERMINING THE AUTHORIZED RATES OF RETURN ON EQUITY AND COMMON EQUITY
RATIOS OF UTILITIES REGULATED BY THE COMMISSION.
(C) "AUTHORIZED COMMON EQUITY RATIO" MEANS THE AUTHORIZED PERCENTAGE
OF A UTILITY'S TOTAL CAPITALIZATION, SUCH AS COMMON EQUITY, PREFERRED
STOCK, AND LONG-TERM DEBT, THAT CONSISTS OF COMMON EQUITY, RETAINED
EARNINGS, AND CAPITAL SURPLUS.
(D) "ACTUAL COMMON EQUITY RATIO" MEANS THE ACTUAL PERCENTAGE OF A
UTILITY'S TOTAL CAPITALIZATION, SUCH AS COMMON EQUITY, PREFERRED STOCK,
AND LONG-TERM DEBT, THAT CONSISTS OF COMMON EQUITY, RETAINED EARNINGS,
AND CAPITAL SURPLUS.
(E) "AUTHORIZED RATE OF RETURN ON EQUITY" ALSO KNOWN AS RETURN ON
EQUITY ("ROE") OR THE COST OF EQUITY CAPITAL, MEANS THE RETURN ON THE
EQUITY PORTION OF THE RATE BASE THAT REGULATED UTILITIES ARE AUTHORIZED
TO COLLECT IN RATES.
S. 3008--B 194
(F) "ACTUAL RATE OF RETURN ON EQUITY" MEANS A MEASURE OF FINANCIAL
PERFORMANCE CALCULATED BY DIVIDING NET INCOME BY SHAREHOLDERS' EQUITY.
(G) "RATE PERIOD" MEANS THE TIME PERIOD IN WHICH A REGULATED UTILITY
COLLECTS RATES THAT ARE AUTHORIZED AND APPROVED BY THE COMMISSION.
(H) "PUBLICLY AVAILABLE DATA" MEANS PUBLISHED DATA THAT IS OPENLY
ACCESSIBLE VIA THE INTERNET, OR INDIRECTLY ACCESSIBLE THROUGH A PUBLIC
LIBRARY OR SIMILAR INSTITUTION.
2. SETTING THE GENERIC FINANCING METHODOLOGY; COMMON EQUITY RATIO;
RATE OF RETURN ON EQUITY. (A) ON AN ANNUAL BASIS, THE COMMISSION SHALL
PROMULGATE RULES AND REGULATIONS THAT:
(I) UPDATE THE GENERIC FINANCING METHODOLOGY SUCH THAT, TO THE GREAT-
EST EXTENT POSSIBLE, ALL OF ITS CALCULATIONS ARE BASED UPON PUBLICLY
AVAILABLE DATA;
(II) SET A FAIR AND REASONABLE AUTHORIZED COMMON EQUITY RATIO FOR EACH
REGULATED UTILITY AND A SINGLE AUTHORIZED RATE OF RETURN ON EQUITY FOR
ALL REGULATED UTILITIES, BASED ON THE GENERIC FINANCING METHODOLOGY; AND
(III) RECONCILE THE PRIOR RATE PERIOD'S AUTHORIZED RATE OF RETURN ON
EQUITY TO A CALCULATION OF THE AVERAGE MONTHLY RATE OF RETURN ON EQUITY
PRODUCED BY THE GENERIC FINANCING METHODOLOGY FOR THAT RATE PERIOD, SUCH
AS A "TRUE-UP MECHANISM". IN MAKING THIS DETERMINATION, THE COMMISSION
SHALL REQUIRE THAT: (A) ANY REVENUES DERIVED FROM AN AUTHORIZED RATE OF
RETURN ON EQUITY EXCEEDING THE AVERAGE MONTHLY RATE OF RETURN ON EQUITY
BE RETURNED TO RATEPAYERS IN THE FORM OF A SURCREDIT TO THEIR BILLS FOR
THE FOLLOWING RATE PERIOD; AND (B) ANY REVENUES THAT WOULD HAVE BEEN
DERIVED FROM AN AVERAGE MONTHLY RATE OF RETURN ON EQUITY EXCEEDING THE
AUTHORIZED RATE OF RETURN ON EQUITY SHALL BE RECOVERED FROM RATEPAYERS
IN THE FORM OF A SURCHARGE TO THEIR BILLS FOR THE FOLLOWING RATE PERIOD.
(B) THE PROMULGATED GENERIC FINANCING METHODOLOGY, AUTHORIZED COMMON
EQUITY RATIO, AUTHORIZED RATE OF RETURN ON EQUITY, AND THE PRIOR YEAR'S
AVERAGE MONTHLY RATE OF RETURN ON EQUITY SHALL CLEARLY STATE THE METHODS
USED TO JUSTIFY AND EXPLAIN ITS PROPOSED GUIDANCE.
(C) THE PROMULGATED GENERIC FINANCING METHODOLOGY, AUTHORIZED COMMON
EQUITY RATIO, AUTHORIZED RATE OF RETURN ON EQUITY, AND PRIOR RATE PERI-
OD'S AVERAGE MONTHLY RATE OF RETURN ON EQUITY SHALL BE SUBJECT TO TRADI-
TIONAL NOTICE AND COMMENT PROCEDURES, AS OUTLINED IN THE STATE ADMINIS-
TRATIVE PROCEDURE ACT, WHICH SHALL INCLUDE INPUT FROM PUBLIC INTEREST
ORGANIZATIONS, UTILITY ACCOUNTING EXPERTS, REPRESENTATIVES FROM REGU-
LATED UTILITIES, AND OTHER ORGANIZATIONS AND INTERESTED PARTIES, INCLUD-
ING RESIDENTS OF THIS STATE, AS NECESSARY.
(D) THE FINAL GENERIC FINANCING METHODOLOGY, AUTHORIZED COMMON EQUITY
RATIO, AUTHORIZED RATE OF RETURN ON EQUITY, AND PRIOR RATE PERIOD'S
AVERAGE MONTHLY RATE OF RETURN ON EQUITY ADOPTED BY THE COMMISSION,
FOLLOWING THE NOTICE AND COMMENT PERIOD, SHALL GIVE PREFERENCE TO THE
BEST INTEREST OF THE RATEPAYERS.
3. ADOPTING THE AUTHORIZED COMMON EQUITY RATIO, AUTHORIZED RATE OF
RETURN ON EQUITY AND/OR PRIOR RATE PERIOD'S AVERAGE MONTHLY RATE OF
RETURN ON EQUITY. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS
SECTION, EVERY REGULATED UTILITY SHALL:
(A) ADOPT THE AUTHORIZED COMMON EQUITY RATIO BASED ON THE GENERIC
FINANCING METHODOLOGY FOR THE FOLLOWING RATE PERIOD AS SET SPECIFICALLY
FOR EACH REGULATED UTILITY BY THE COMMISSION;
(B) ADOPT THE AUTHORIZED RATE OF RETURN ON EQUITY BASED ON THE GENERIC
FINANCING METHODOLOGY FOR THE FOLLOWING RATE PERIOD; AND
(C) ADOPT THE SURCREDIT/SURCHARGE BASED ON THE PRIOR RATE PERIOD'S
AVERAGE MONTHLY RATE OF RETURN ON EQUITY, AS OUTLINED IN SUBDIVISION TWO
OF THIS SECTION, FOR THE FOLLOWING RATE PERIOD.
S. 3008--B 195
4. REBUTTING THE AUTHORIZED COMMON EQUITY RATIO, RATE OF RETURN ON
EQUITY, AND PRIOR RATE PERIOD'S AVERAGE MONTHLY RATE OF RETURN ON EQUI-
TY. (A) THE BURDEN OF REBUTTING THE AUTHORIZED COMMON EQUITY RATIO,
AUTHORIZED RATE OF RETURN ON EQUITY, AND/OR PRIOR RATE PERIOD'S AVERAGE
MONTHLY RATE OF RETURN ON EQUITY SHALL REST EXCLUSIVELY WITH THE REGU-
LATED UTILITY DURING A PUBLIC HEARING FACILITATED BY THE COMMISSION. IN
ORDER TO REBUT THE AUTHORIZED COMMON EQUITY RATIO AND/OR AUTHORIZED RATE
OF RETURN ON EQUITY, THE REGULATED UTILITY SHALL FIRST INITIATE A
REQUEST FOR PUBLIC HEARING THROUGH PROCEDURES OUTLINED BY THE COMMIS-
SION. SHOULD THE COMMISSION FIND A SUBSTANTIAL BASIS FOR THE CLAIMS
OUTLINED BY THE REGULATED UTILITY IN ITS REQUEST, IT SHALL PUBLISH A SET
OF DATES FROM WHICH A PUBLIC HEARING SHALL TAKE PLACE.
(B) DURING THE PUBLIC HEARING THE REGULATED UTILITY SHALL:
(I) PRESENT DOCUMENTARY EVIDENCE, INCLUDING BUT NOT LIMITED TO EXHIB-
ITS, WRITTEN AND ORAL TESTIMONY, AND DATA, DESCRIBING WHY THE AUTHORIZED
COMMON EQUITY RATIO, AUTHORIZED RATE OF RETURN ON EQUITY, OR PRIOR RATE
PERIOD'S AVERAGE MONTHLY RATE OF RETURN ON EQUITY IS INSUFFICIENT TO
MEET ITS CURRENT OR FUTURE OPERATING AND CAPITAL NEEDS;
(II) PRESENT DOCUMENTARY EVIDENCE, INCLUDING BUT NOT LIMITED TO EXHIB-
ITS, WRITTEN AND ORAL TESTIMONY, AND DATA, DESCRIBING WHY THE AUTHORIZED
COMMON EQUITY RATIO, AUTHORIZED RATE OF RETURN ON EQUITY, OR PRIOR RATE
PERIOD'S AVERAGE MONTHLY RATE OF RETURN ON EQUITY DOES NOT PROVIDE A
FAIR AND REASONABLE RETURN;
(III) DESCRIBE WITH SUFFICIENT DETAIL WHY THE AUTHORIZED COMMON EQUITY
RATIO, AUTHORIZED RATE OF RETURN ON EQUITY OR PRIOR RATE PERIOD'S AVER-
AGE MONTHLY RATE OF RETURN ON EQUITY ADOPTED BY THE COMMISSION IS INSUF-
FICIENT FOR THE REGULATED UTILITY TO ATTRACT CAPITAL AT REASONABLE
TERMS; AND
(IV) DESCRIBE WITH SUFFICIENT DETAIL WHY THE AUTHORIZED COMMON EQUITY
RATIO, AUTHORIZED RATE OF RETURN ON EQUITY, OR PRIOR RATE PERIOD'S AVER-
AGE MONTHLY RATE OF RETURN ON EQUITY IS INSUFFICIENT FOR THE REGULATED
UTILITY TO MAINTAIN ITS FINANCIAL INTEGRITY DURING THE RATE YEAR.
(C) IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE,
AFTER THE CONCLUSION OF THE PUBLIC HEARING, THAT THE REGULATED UTILITY
HAS SUFFICIENTLY DEMONSTRATED THAT THE AUTHORIZED COMMON EQUITY RATIO,
AUTHORIZED RATE OF RETURN ON EQUITY, OR PRIOR RATE PERIOD'S AVERAGE
MONTHLY RATE OF RETURN ON EQUITY IS INSUFFICIENT TO MEET THE REGULATED
UTILITIES' OPERATING NEEDS, CAPITAL NEEDS, OR BOTH, THEN THE COMMISSION
AND THE REGULATED UTILITY SHALL THEN ENTER INTO SETTLEMENT NEGOTIATIONS
THROUGH ADJUDICATION PURSUANT TO THE PROCEDURES SET OUT UNDER THIS ARTI-
CLE.
5. SETTLEMENT NEGOTIATIONS FOLLOWING SUCCESSFUL REBUTTAL. ALL SETTLE-
MENT NEGOTIATIONS SHALL TAKE INTO CONSIDERATION THE FOLLOWING FACTORS
PRIOR TO REACHING A FINAL AUTHORIZED COMMON EQUITY RATIO, AUTHORIZED
RATE OF RETURN ON EQUITY, OR PRIOR RATE PERIOD'S AVERAGE MONTHLY RATE OF
RETURN ON EQUITY:
(A) TESTIMONIES AND EXHIBITS FROM EXPERT WITNESSES, INCLUDING THOSE
FROM OUTSIDE PUBLIC INTEREST ORGANIZATIONS;
(B) HOW THE NEGOTIATED SETTLEMENT REDUCES DELIVERY RATES FOR CONSUM-
ERS;
(C) HOW THE NEGOTIATED SETTLEMENT IMPROVES EQUITY FOR, MINIMIZES
IMPACTS ON, AND PRIORITIZES BENEFITS TO UTILITY RATES FOR DISADVANTAGED
COMMUNITIES AS DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVA-
TION LAW;
S. 3008--B 196
(D) WHETHER THE TESTIMONY AND EXHIBITS OF THE REGULATED UTILITY
REFLECT POSITIONS THAT ARE IN THE BEST INTEREST OF THE PUBLIC AND
PROMOTE PRINCIPLES OF EQUITY FOR DISADVANTAGED COMMUNITIES;
(E) WHETHER THE PROPOSALS OF THE REGULATED UTILITY WOULD RESULT IN THE
LOWEST POSSIBLE DELIVERY COST TO THE BENEFIT OF THE RATE PAYER; AND
(F) WHETHER THE NEW SETTLEMENT AGREEMENT PROVIDES A JUST AND REASON-
ABLE RETURN FOR THE REGULATED UTILITY.
6. REPORTS AND LEGISLATIVE HEARING ON FINDINGS BETWEEN THE COMMISSION
AND REGULATED UTILITIES. (A) ANNUALLY, THE COMMISSION SHALL SUBMIT TO
THE GOVERNOR AND THE LEGISLATURE, A REPORT OUTLINING THE FINDINGS AND
DETERMINATIONS OF THE FINAL AUTHORIZED COMMON EQUITY RATIO, AUTHORIZED
RATE OF RETURN ON EQUITY AND/OR PRIOR RATE PERIOD'S AVERAGE MONTHLY RATE
OF RETURN ON EQUITY, WHETHER SET THROUGH THE PROCEDURES OUTLINED IN
SUBDIVISIONS THREE AND FOUR OF THIS SECTION OR THROUGH NEGOTIATED
SETTLEMENTS OUTLINED IN SUBDIVISION FIVE OF THIS SECTION, BETWEEN A
REGULATED UTILITY AND THE COMMISSION DURING THE PREVIOUS YEAR.
(B) SUCH REPORT SHALL ANALYZE AND DESCRIBE IN CLEAR, ACCESSIBLE
LANGUAGE HOW THE FINAL AUTHORIZED COMMON EQUITY RATIO, AUTHORIZED RATE
OF RETURN ON EQUITY, AND/OR PRIOR RATE PERIOD'S AVERAGE MONTHLY RATE OF
RETURN ON EQUITY HAS CHANGED, REFLECTS NEW CIRCUMSTANCES, OR REMAINED
THE SAME DURING THE PREVIOUS YEAR.
(C) SUCH REPORT SHALL INCLUDE ALL MONTHLY DATA USED FOR GENERIC
FINANCING METHODOLOGY CALCULATIONS THAT IS NOT PUBLICLY AVAILABLE DATA,
TOGETHER WITH AN EXPLANATION OF WHY IT WAS NECESSARY TO USE SUCH NON-
PUBLIC DATA INSTEAD OF A PUBLICLY AVAILABLE DATA SOURCE.
(D) THE ANNUAL REPORT SHALL BE PUBLISHED ONLINE ON THE COMMISSION'S
WEBSITE AND BE MADE PUBLICLY AVAILABLE.
§ 3. This act shall take effect one year after it shall have become a
law.
PART UUU
Section 1. Subsection (i) of section 3216 of the insurance law is
amended by adding a new paragraph 41 to read as follows:
(41) (A) EVERY POLICY WHICH PROVIDES MEDICAL COVERAGE THAT INCLUDES
COVERAGE FOR PHYSICIAN SERVICES IN A PHYSICIAN'S OFFICE AND EVERY POLICY
WHICH PROVIDES MAJOR MEDICAL OR SIMILAR COMPREHENSIVE-TYPE COVERAGE
SHALL INCLUDE COVERAGE FOR INHALERS FOR THE TREATMENT OF ASTHMA IF
RECOMMENDED OR PRESCRIBED BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE
PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCA-
TION LAW.
(B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY;
PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED TO
PAY OUT OF POCKET FOR COVERED INHALERS SHALL BE CAPPED AT AN AMOUNT NOT
TO EXCEED THIRTY-FIVE DOLLARS PER THIRTY-DAY SUPPLY, REGARDLESS OF
THE INSURED'S DEDUCTIBLE, COPAYMENT, COINSURANCE OR ANY OTHER COST SHAR-
ING REQUIREMENT.
§ 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 23 to read as follows:
(23) (A) EVERY GROUP OR BLANKET ACCIDENT AND HEALTH INSURANCE POLICY
ISSUED OR ISSUED FOR DELIVERY IN THIS STATE WHICH PROVIDES MEDICAL
COVERAGE THAT INCLUDES COVERAGE FOR PHYSICIAN SERVICES IN A PHYSICIAN'S
OFFICE AND EVERY POLICY WHICH PROVIDES MAJOR MEDICAL OR SIMILAR COMPRE-
HENSIVE-TYPE COVERAGE SHALL INCLUDE COVERAGE FOR INHALERS FOR THE TREAT-
S. 3008--B 197
MENT OF ASTHMA IF RECOMMENDED OR PRESCRIBED BY A PHYSICIAN OR OTHER
LICENSED HEALTH CARE PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE UNDER
TITLE EIGHT OF THE EDUCATION LAW.
(B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY;
PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED TO
PAY OUT OF POCKET FOR COVERED INHALERS SHALL BE CAPPED AT AN AMOUNT NOT
TO EXCEED THIRTY-FIVE DOLLARS PER THIRTY-DAY SUPPLY, REGARDLESS OF
THE INSURED'S DEDUCTIBLE, COPAYMENT, COINSURANCE OR ANY OTHER COST SHAR-
ING REQUIREMENT.
§ 3. Section 4303 of the insurance law is amended by adding a new
subsection (ww) to read as follows:
(WW) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION OR A HEALTH SERVICE
CORPORATION WHICH PROVIDES MEDICAL COVERAGE THAT INCLUDES COVERAGE FOR
PHYSICIAN SERVICES IN A PHYSICIAN'S OFFICE AND EVERY POLICY WHICH
PROVIDES MAJOR MEDICAL OR SIMILAR COMPREHENSIVE-TYPE COVERAGE SHALL
INCLUDE COVERAGE FOR INHALERS FOR THE TREATMENT OF ASTHMA IF RECOMMENDED
OR PRESCRIBED BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER
LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
(2) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY;
PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED TO
PAY OUT OF POCKET FOR COVERED INHALERS SHALL BE CAPPED AT AN AMOUNT NOT
TO EXCEED THIRTY-FIVE DOLLARS PER THIRTY-DAY SUPPLY, REGARDLESS OF
THE INSURED'S DEDUCTIBLE, COPAYMENT, COINSURANCE OR ANY OTHER COST SHAR-
ING REQUIREMENT.
§ 4. This act shall take effect January 1, 2026 and shall apply to all
policies and contracts issued, renewed, modified, altered, or amended on
or after such date.
PART VVV
Section 1. Section 2878-a of the public authorities law is amended by
adding a new subdivision 3 to read as follows:
3. (A) A TRANSPORTATION AUTHORITY ESTABLISHED UNDER THIS CHAPTER MAY,
BY RESOLUTION APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN
OFFICE, OR BY A DECLARATION THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
INAPPROPRIATE WITH RESPECT TO ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
VEHICLES OR OTHER RELATED EQUIPMENT BECAUSE THE ITEM IS AVAILABLE
THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (I) ANOTHER PUBLIC
AUTHORITY PROVIDED THAT SUCH OTHER AUTHORITY UTILIZED A PROCESS OF
COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE REQUESTS FOR PROPOSALS
TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW YORK, OR (III) A POLI-
TICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED THAT IN ANY CASE
WHEN UNDER THIS SUBDIVISION THE AUTHORITY DETERMINES THAT OBTAINING SUCH
ITEM THEREBY WOULD BE IN THE PUBLIC INTEREST AND SETS FORTH THE REASONS
FOR SUCH DETERMINATION. THE AUTHORITY SHALL ACCEPT SOLE RESPONSIBILITY
FOR ANY PAYMENT DUE THE VENDOR AS A RESULT OF THE AUTHORITY'S ORDER. IN
EACH CASE WHERE THE AUTHORITY DECLARES COMPETITIVE BIDDING IMPRACTICAL
OR INAPPROPRIATE, IT SHALL STATE THE REASON THEREFOR IN WRITING AND
SUMMARIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED. THE AUTHORITY SHALL
NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVISION EARLIER THAN THIRTY
DAYS FROM THE DATE ON WHICH THE AUTHORITY DECLARES THAT COMPETITIVE
BIDDING IS IMPRACTICAL OR INAPPROPRIATE. ALL PROCUREMENTS APPROVED
S. 3008--B 198
PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
THE DEPARTMENT OF AUDIT AND CONTROL OR ANY SUCCESSOR AGENCIES. FOR
PURPOSES OF THIS SUBDIVISION, "TRANSPORTATION AUTHORITY" SHALL NOT
INCLUDE TRANSPORTATION AUTHORITIES GOVERNED UNDER TITLES NINE, NINE-A
AND ELEVEN OF ARTICLE FIVE OF THIS CHAPTER OR TITLE THREE OF ARTICLE
THREE OF THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-
POWERED OMNIBUSES" SHALL INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHER-
WISE CONTROLLED BY THE AUTHORITY THAT OTHERWISE MEETS THE DEFINITION OF
BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC
LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELEC-
TRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING
NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL
OR FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
ATMOSPHERIC POLLUTANTS.
(B) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES SHALL BE PRESERVED AND
PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING PARTIAL
DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK,
WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF EXISTING
COLLECTIVE BARGAINING AGREEMENTS; (2) TRANSFER OF EXISTING DUTIES AND
FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY PERFORMED BY
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY; OR
(3) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY PERFORMED BY
EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
(II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
ESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR
RELATED EQUIPMENT, THE AUTHORITY SHALL CREATE AND IMPLEMENT A WORKFORCE
DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER OF JOBS PROVIDED BY
EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR EQUIPMENT THAT WOULD BE
ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL AS THE
NUMBER OF JOBS EXPECTED TO BE CREATED AT THE AUTHORITY BY THE PROPOSED
PURCHASE OVER A SIX-YEAR PERIOD FROM THE DATE OF THE PUBLICATION OF THE
WORKFORCE DEVELOPMENT REPORT, (2) IDENTIFIES GAPS IN SKILLS NEEDED TO
OPERATE AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
VEHICLES OR RELATED EQUIPMENT, (3) INCLUDES A COMPREHENSIVE PLAN TO
TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE
PROPOSED PURCHASE, AND (4) CONTAINS AN ESTIMATED BUDGET TO TRANSITION,
TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
(C) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO AFFECT (I) THE
EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
EMPLOYEE ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE
EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
§ 2. Section 104 of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
3. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF
S. 3008--B 199
EXECUTIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A
PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
TRIC-POWERED OMNIBUSES OR OTHER RELATED EQUIPMENT UPON A RESOLUTION
APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE
ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (I)
A PUBLIC AUTHORITY OF THE STATE PROVIDED THAT SUCH OTHER AUTHORITY
UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE
REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW
YORK, OR (III) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK,
PROVIDED THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE POLITICAL
SUBDIVISION DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE
PUBLIC INTEREST AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE
POLITICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS
SUBDIVISION EARLIER THAN THIRTY DAYS FROM THE DATE ON WHICH THE POLI-
TICAL SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
INAPPROPRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
THE POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT
OF AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVI-
SION, "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPOR-
TATION SYSTEM" SHALL NOT INCLUDE TRANSPORTATION AUTHORITIES GOVERNED
UNDER TITLES NINE, NINE-A AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC
AUTHORITIES LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORI-
TIES LAW. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNI-
BUSES" SHALL INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHERWISE
CONTROLLED BY THE POLITICAL SUBDIVISION THAT OTHERWISE MEETS THE DEFI-
NITION OF BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND
TRAFFIC LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER
ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING
NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL
OR FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
ATMOSPHERIC POLLUTANTS.
(B) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES SHALL BE PRESERVED AND
PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING
PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME
WORK, WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF
EXISTING COLLECTIVE BARGAINING AGREEMENTS; (2) TRANSFER OF EXISTING
DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY
PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
ENTITY; OR (3) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY
PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
(II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
ESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR
RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL CREATE AND
IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER
OF JOBS PROVIDED BY EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR
EQUIPMENT THAT WOULD BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE
PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE
TRANSIT PROVIDER BY THE PROPOSED PURCHASE OVER A SIX-YEAR PERIOD FROM
THE DATE OF THE PUBLICATION OF THE WORKFORCE DEVELOPMENT REPORT, (2)
IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW ELEC-
TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIPMENT,
S. 3008--B 200
(3) INCLUDES A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN
EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND (4) CONTAINS
AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
IMPACTED BY THE PROPOSED PURCHASE.
(C) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO AFFECT (I) THE
EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
EMPLOYEE ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE
EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
§ 3. Section 104 of the general municipal law, as amended by section
27 of part L of chapter 55 of the laws of 2012, is amended to read as
follows:
§ 104. Purchase through office of general services. 1. Notwithstanding
the provisions of section one hundred three of this article or of any
other general, special or local law, any officer, board or agency of a
political subdivision, of a district therein, of a fire company or of a
voluntary ambulance service is authorized to make purchases of commod-
ities and services available pursuant to section one hundred sixty-three
of the state finance law, may make such purchases through the office of
general services subject to such rules as may be established from time
to time pursuant to section one hundred sixty-three of the state finance
law or through the general services administration pursuant to section
1555 of the federal acquisition streamlining act of 1994, P.L. 103-355;
provided that any such purchase shall exceed five hundred dollars and
that the political subdivision, district, fire company or voluntary
ambulance service for which such officer, board or agency acts shall
accept sole responsibility for any payment due the vendor. All purchases
shall be subject to audit and inspection by the political subdivision,
district, fire company or voluntary ambulance service for which made. No
officer, board or agency of a political subdivision, or a district ther-
ein, of a fire company or of a voluntary ambulance service shall make
any purchase through such office when bids have been received for such
purchase by such officer, board or agency, unless such purchase may be
made upon the same terms, conditions and specifications at a lower price
through such office. Two or more fire companies or voluntary ambulance
services may join in making purchases pursuant to this section, and for
the purposes of this section such groups shall be deemed "fire companies
or voluntary ambulance services."
2. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF
EXECUTIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A
PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
TRIC-POWERED OMNIBUSES OR OTHER RELATED EQUIPMENT UPON A RESOLUTION
APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE
ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (A)
A PUBLIC AUTHORITY OF THE STATE PROVIDED THAT SUCH OTHER AUTHORITY
UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE
REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF NEW
YORK, OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED
THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE POLITICAL SUBDIVISION
DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE PUBLIC
S. 3008--B 201
INTEREST AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE POLI-
TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI-
SION EARLIER THAN THIRTY DAYS FROM THE DATE ON WHICH THE POLITICAL
SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
PRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE
POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT OF
AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVISION,
"POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPORTATION
SYSTEM" SHALL NOT INCLUDE TRANSPORTATION AUTHORITIES GOVERNED UNDER
TITLES NINE, NINE-A AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES
LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW. FOR
THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNIBUSES" SHALL
INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHERWISE CONTROLLED BY THE
POLITICAL SUBDIVISION THAT OTHERWISE MEETS THE DEFINITION OF BUS
PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC LAW
THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELECTRONICS
WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING NORMAL
VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL OR
FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
ATMOSPHERIC POLLUTANTS.
(B) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES SHALL BE PRESERVED AND
PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING
PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME
WORK, WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF
EXISTING COLLECTIVE BARGAINING AGREEMENTS; (2) TRANSFER OF EXISTING
DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY
PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
ENTITY; OR (3) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY
PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
(II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
ESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR
RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL CREATE AND
IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER
OF JOBS PROVIDED BY EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR
EQUIPMENT THAT WOULD BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE
PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE
TRANSIT PROVIDER BY THE PROPOSED PURCHASE OVER A SIX-YEAR PERIOD FROM
THE DATE OF THE PUBLICATION OF THE WORKFORCE DEVELOPMENT REPORT, (2)
IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW ELEC-
TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIPMENT,
(3) INCLUDES A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN
EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND (4) CONTAINS
AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
IMPACTED BY THE PROPOSED PURCHASE.
(C) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO AFFECT (I) THE
EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
EMPLOYEE ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE
EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
S. 3008--B 202
THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
§ 4. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section or
part of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 5. This act shall take effect immediately; provided, however, that
the amendments to section 104 of the general municipal law made by
section two of this act shall be subject to the expiration and reversion
of such section pursuant to section 9 of subpart A of part C of chapter
97 of the laws of 2011, as amended, when upon such date the provisions
of section three of this act shall take effect.
PART WWW
Section 1. A temporary state commission, to be known as the New York
state public bank commission, hereinafter referred to as the commission,
is hereby established to hire a consultant to study the feasibility of
establishing a bank owned by the state of New York or by a public
authority constituted by the state of New York for the public interest.
§ 2. (a) The commission shall consist of thirteen members, to be
appointed as follows: (i) six members shall be appointed by the gover-
nor, one of whom shall be a representative of the New York state depart-
ment of financial services, one shall be a representative from the New
York state department of taxation and finance, the remaining four gover-
nor's appointees shall not be employees of the executive branch and at
least one member shall represent the banking and financial industries of
the state including, but not limited to, the New York bankers associ-
ation, at least one member shall represent community banking, and no
more than one member may be a representative of any financial services
firm located within the state, including, but not limited to, the New
York state small business development center;
(ii) three members shall be appointed by the temporary president of
the senate, one of whom shall be a member of the senate;
(iii) three members shall be appointed by the speaker of the assembly,
one of whom shall be a member of the assembly; and
(iv) the state comptroller or a proxy.
(b) The majority of the members of the entire commission shall desig-
nate one of the commissioners to serve as the chair of the commission.
(c) The members of the commission shall be appointed no later than
ninety days after the effective date of this act.
(d) The commission is directed to hire a reputable consultant that has
the capacity, capability, and experience to conduct a feasibility study
to evaluate and make recommendations concerning the formation and
control of a state public bank. Consultants that have conducted a previ-
ous feasibility study of a public bank at the request of a government
entity in the United States will be given preference. Such study shall
make recommendations, with the advice of the department of financial
S. 3008--B 203
services, including but not limited to, on the feasibility of establish-
ing a state bank in New York and may recommend legislation for the
legislature to consider in order to create a state public bank for New
York.
§ 3. The scope of such study shall include, but shall not be limited
to:
(a) the purposes of such public bank in the public interest;
(b) an analysis of cost savings, impacts on the state's finances,
economic development and infrastructure, housing and additional needs of
the state, including but not limited to:
(i) appropriate governance structures;
(ii) minimum capitalization requirements;
(iii) appropriate insurance and risk management tools;
(iv) charter requirements;
(v) financial and operations framework;
(vi) deposits;
(vii) permitted activities;
(viii) benefits;
(ix) potential challenges that such public banks may encounter;
(x) how the lack of accessible financial services contributes to the
cycle of poverty;
(xi) barriers to small business formation and growth;
(xii) impacts of such public banks on small businesses, including
minority- and women-owned business enterprises;
(xiii) impacts of such public banks on the unbanked, the underbanked
and banking deserts; and
(xiv) how a state public bank may provide banking to the cannabis
industry;
(c) a fiscal analysis of costs associated with formation;
(d) an analysis that considers the effects of an economic recession on
the financial results of such public banks;
(e) a legal analysis of whether the proposed structure and operation
of such public bank complies with the New York state constitution;
(f) an analysis of how the proposed governance structure of such
public bank would protect such public bank from unlawful insider trans-
actions and apparent conflicts of interest;
(g) a fiscal analysis of the benefits associated with the creation of
such public bank, including, but not limited to, cost savings, jobs
created, jobs retained, economic activity generated and private capital
leveraged;
(h) a qualitative assessment of social and environmental benefits of
such public bank;
(i) a review of feasibility studies on public banking, including the
city of Philadelphia public bank feasibility study and the city of San
Francisco public bank feasibility study; and
(j) a review of AB-857 (2019 Cal. Stats. Ch. 442).
§ 4. The sum of five hundred thousand dollars ($500,000), or so much
thereof as may be necessary, is hereby appropriated to the department of
financial services from any moneys in the state treasury in the general
fund to the credit of the state purposes account not otherwise appropri-
ated for the purposes of carrying out the provisions of this act. Such
sum shall be payable on the audit and warrant of the state comptroller
on vouchers certified or approved by the superintendent of financial
services, or such superintendent's duly designated representative in the
manner provided by law.
S. 3008--B 204
§ 5. No earlier than six months and no later than seven months after
the effective date of this act, the commission shall submit a report to
the governor, the temporary president of the senate, the speaker of the
assembly, the chair of the senate banks committee and the chair of the
assembly banks committee on the findings and conclusions of the study
conducted pursuant to sections two and three of this act and shall
submit any legislative recommendations deemed to be necessary. Such
report shall be contemporaneously published on the official website of
the department of financial services.
§ 6. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire and be deemed repealed one year after
such effective date.
PART XXX
Section 1. Subdivision 6 of section 51 of the public authorities law
is REPEALED.
§ 2. This act shall take effect immediately.
PART YYY
Section 1. Definitions. For the purposes of this act, the following
terms shall have the following meanings:
1. "Harriman campus" means the W. Averell Harriman state office build-
ing campus located in Albany, New York.
2. "Wadsworth project" means the project under which 27 acres of the
Harriman campus are, at the time of this act's effective date, targeted
for development of the department of health's new Wadsworth center
public health laboratory.
§ 2. Mixed-use property at Harriman campus. 1. Empire state develop-
ment in conjunction with the office of general services, shall create a
development plan under which 7 acres of the portion of the Harriman
campus targeted for the Wadsworth project shall be developed into mixed-
use commercial and residential property.
2. Empire state development, in conjunction with the office of general
services, shall complete the development plan created under subdivision
one of this section, and make such development plan available for public
comment, no later than 180 days after the effective date of this act.
§ 3. Redesign of Harriman campus. 1. Empire state development, in
conjunction with the office of general services, shall create a master
plan for a redesign of the Harriman campus. Such a plan shall include
but not be limited to: (a) the identification of sites on the Harriman
campus for mixed-use commercial and retail development; (b) the repur-
posing or redesign of portions of the ring road surrounding the campus;
and (c) an analysis of parking needs in surface lots.
2. The master plan created under subdivision one of this section shall
prioritize: (a) the identification of opportunities to increase the
integration and connectivity of the Harriman campus with surrounding
neighborhoods in the city of Albany; (b) the development of workforce
and low-to-middle-income housing; and (c) the development of infrastruc-
ture needed to further the utilization of multi-modal transportation.
3. Empire state development, in conjunction with the office of general
services, shall complete the master plan created under subdivision one
of this section and make such master plan available for public comment
no later than one year after the effective date of this act.
§ 4. This act shall take effect immediately.
S. 3008--B 205
PART ZZZ
Section 1. The insurance law is amended by adding a new section 7013
to read as follows:
§ 7013. CAPTIVE INSURANCE PROGRAM FOR COMMUTER VANS, PRE-ARRANGED
FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES. (A) THE SUPERINTENDENT
SHALL UTILIZE AND IMPLEMENT A CAPTIVE INSURANCE PROGRAM FOR COMMUTER
VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES THAT ARE
ENGAGED IN THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS FOR HIRE.
THE PROGRAM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
(1) IDENTIFYING AND LICENSING A CAPTIVE INSURANCE COMPANY OR COMPANIES
TO PROVIDE NECESSARY INSURANCE COVERAGE TO COMMUTER VANS, PRE-ARRANGED
FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES;
(2) STANDARDS FOR ENROLLMENT OF ELIGIBLE COMMUTER VANS, PRE-ARRANGED
FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES INCLUDING MECHANISMS FOR
DETERMINING ELIGIBILITY; AND
(3) STANDARDS FOR MONITORING THE PERFORMANCE OF SUCH CAPTIVE INSURANCE
COMPANY OR COMPANIES IN PROVIDING AFFORDABLE INSURANCE COVERAGE TO
COMMUTER VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES
PARTICIPATING IN THE PROGRAM PURSUANT TO SUBSECTION (C) OF THIS SECTION.
(B) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(1) "COMMUTER VAN" SHALL MEAN A COMMUTER VAN SERVICE HAVING A SEATING
CAPACITY OF NINE PASSENGERS BUT NOT MORE THAN TWENTY-FOUR PASSENGERS OR
SUCH GREATER CAPACITY AS THE SUPERINTENDENT MAY ESTABLISH BY RULE AND
CARRYING PASSENGERS FOR HIRE. THE TERM "COMMUTER VAN" SHALL INCLUDE, BUT
NOT BE LIMITED TO, SHUTTLES AND TRANSPORTATION VANS.
(2) "PRE-ARRANGED FOR-HIRE VEHICLE" SHALL MEAN A MOTOR VEHICLE THAT IS
USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION ON A
PRE-ARRANGED BASIS, AND OPERATED IN SUCH BUSINESS UNDER A LICENSE OR
PERMIT ISSUED BY A LICENSING JURISDICTION. SUCH TERM SHALL INCLUDE, BUT
NOT BE LIMITED TO, SMALL SCHOOL BUSES PURSUANT TO SECTION ONE HUNDRED
FORTY-TWO OR SIXTEEN HUNDRED FORTY-TWO-A OF THE VEHICLE AND TRAFFIC LAW.
THE TERM "PRE-ARRANGED FOR-HIRE VEHICLE" SHALL APPLY TO VEHICLES AS
DEFINED IN THIS PARAGRAPH REGARDLESS OF ANY OTHER PROVISION OF LOCAL LAW
OR RULE DEFINING OR DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH AS
SCHOOL BUS, CHARTER BUS, LIVERY, TAXI, BLACK CAR, OR LUXURY LIMOUSINE.
(3) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
(A) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT OF 1990, AS AMENDED, AND THE REGULATIONS PROMULGATED
THEREUNDER;
(B) IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT OR
ALTERATION, SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE WHEEL-
CHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS WHILE THEY REMAIN SEATED IN
THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS;
(C) IS EQUIPPED WITH AN ASSISTIVE LISTENING SYSTEM FOR PERSONS WITH
HEARING IMPAIRMENTS THAT IS CONNECTED WITH ANY INTERCOM, VIDEO OR AUDIO
SYSTEM, WHEN SUCH A SYSTEM IS INSTALLED OR DESIGNED AND APPROVED TO
PROVIDE SERVICE TO PERSONS WITH DISABILITIES;
(D) IS EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (I) BRAILLE; AND
(II) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
VISION;
(E) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
(F) IF POWERED BY A HYBRID-ELECTRIC MOTOR, IS EQUIPPED WITH AN APPRO-
PRIATE DEVICE TO ENABLE PERSONS WHO ARE BLIND TO HEAR THE APPROACH OF
S. 3008--B 206
THE VEHICLE AS READILY AS THEY CAN HEAR A CONVENTIONAL GASOLINE-POWERED
VEHICLE;
(G) SHALL INCLUDE, BUT NOT BE LIMITED TO, "AMBULETTE" WHICH SHALL HAVE
THE SAME MEANING SET FORTH IN 17 NYCRR PART 720.8 OR "PARATRANSIT" VEHI-
CLE WHICH MEANS A SPECIAL-PURPOSE VEHICLE, DESIGNED AND EQUIPPED TO
PROVIDE NONEMERGENCY TRANSPORT, THAT HAS WHEELCHAIR-CARRYING CAPACITY,
STRETCHER-CARRYING CAPACITY, OR THE ABILITY TO CARRY DISABLED PERSONS AS
DEFINED IN SECTION FIFTEEN-B OF THE TRANSPORTATION LAW.
(C) INSURANCE COMPANIES SHALL MAINTAIN REQUIREMENTS, INCLUDING BUT NOT
LIMITED TO: $500,000 COMBINED SINGLE LIMITS (CSL); $50,000 PERSONAL
INJURY PROTECTION (PIP) (BASIC); AND $25,000/$50,000 UNINSURED MOTORIST
COVERAGE (UM/UIM). IN ADDITION, ALL NO FAULT INSURANCE RELATED TO
COMMUTER VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES
INSURED IN THIS PROGRAM WILL RELY ON THE MEDICAL TREATMENT GUIDELINES
PROMULGATED IN EXISTING WORKERS' COMPENSATION LAW.
§ 2. This act shall take effect immediately.
PART AAAA
Section 1. Short title. This act shall be known and may be cited as
the "Farebox Assistance to Relieve Essential Straphangers Act" or the
"FARES Act".
§ 2. This act enacts into law major components of legislation neces-
sary to implement the FARES Act. 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 four of this act sets forth the general effective date of this
act.
SUBPART A
Section 1. Legislative findings. The New York state legislature finds
that the City of New York's "Fair Fares" program, which provides reduced
fares on New York City Transit Authority subways and buses for individ-
uals earning under one hundred twenty percent of the poverty level, is a
tool that can help ensure that mass transit remains affordable for all
New Yorkers. However, Fair Fares does not currently apply to intracity
commuter rail trips taken in the City, and the legislature finds that
expanding this discount to include commuter rail could provide signif-
icant affordability benefits for New Yorkers below or near the poverty
level and improve the quality of life for many outer borough New Yorkers
lacking easy access to subways.
§ 2. Section 1266 of the public authorities law is amended by adding a
new subdivision 16-a to read as follows:
16-A. (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF
ANY CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE CITY OF NEW YORK,
SHALL EXPAND THE FAIR FARES NYC PROGRAM TO PERMIT INDIVIDUALS WHO ARE
ELIGIBLE FOR THE PROGRAM AND ANY INDIVIDUAL WHOSE INCOME IS TWO HUNDRED
PERCENT OF THE FEDERAL POVERTY LEVEL TO RECEIVE A FIFTY PERCENT DISCOUNT
ON TRIPS USING THE LONG ISLAND RAIL ROAD OR METRO-NORTH RAILROAD WITHIN
THE CITY OF NEW YORK.
S. 3008--B 207
(B) FOR PURPOSES OF THIS SUBDIVISION, "FAIR FARES NYC PROGRAM" SHALL
HAVE THE SAME MEANING AND ELIGIBILITY STANDARDS AS SET FORTH IN CHAPTER
TWELVE OF TITLE SIXTY-EIGHT OF THE RULES OF THE CITY OF NEW YORK, WHICH
PROVIDES A FIFTY PERCENT FARE DISCOUNT FOR DESIGNATED TRANSIT OPTIONS.
(C) ADDITIONALLY, THE AUTHORITY SHALL CONSULT WITH THE CITY OF NEW
YORK IN CONDUCTING A PUBLIC OUTREACH CAMPAIGN TO INCREASE PUBLIC AWARE-
NESS AND EXPAND USAGE OF THE FAIR FARES NYC PROGRAM BY ELIGIBLE INDIVID-
UALS.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART B
Section 1. Legislative findings. The New York state legislature finds
that the Metropolitan Transportation Authority's "City Ticket" which
provides reduced fares on commuter rail trips within New York City, has
been incredibly successful in promoting New Yorkers' use of the commuter
rail system, and has particularly helped the MTA fill seats during off-
peak trips. City Ticket is an important tool for ensuring that mass
transit remains affordable for New Yorkers, as well as improving the
quality of life for many outer borough New Yorkers lacking easy access
to subways. Additional analysis since City Ticket's implementation and
expansion has found that providing a weekly ticket option, similar to a
previous Atlantic Ticket option, could assist riders with financial
planning, ensure greater access to transit, and increase commuter rail
ridership.
§ 2. Section 1266 of the public authorities law is amended by adding a
new subdivision 16-b to read as follows:
16-B. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF ANY
CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL ROAD
AND METRO-NORTH RAILROAD AND IN CONJUNCTION WITH THE NEW YORK CITY TRAN-
SIT AUTHORITY, SHALL OFFER A WEEKLY AND A MONTHLY OPTIONAL, DISCOUNTED
TICKET FOR LONG ISLAND RAIL ROAD AND METRO-NORTH RAILROAD SERVICE THAT
IS ALSO VALID FOR OPTIONAL, DISCOUNTED TRANSFERS BETWEEN THE COMMUTER
RAIL SERVICES AND THE CITY TRANSIT AUTHORITY'S SUBWAYS AND BUSES FOR
TRIPS WITHIN THE CITY OF NEW YORK.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART C
Section 1. Section 1266 of the public authorities law is amended by
adding a new subdivision 16-c to read as follows:
16-C. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF ANY
CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL ROAD
AND METRO-NORTH RAILROAD, SHALL DEVELOP A LOWER COST, INTRA-CITY COMBI-
NATION TICKET VALID FOR TRANSFERS BETWEEN THE LONG ISLAND RAIL ROAD AND
METRO-NORTH COMMUTER RAILROAD COMPANY FOR BOTH PEAK AND OFF-PEAK TRAINS.
§ 3. This act shall take effect eighteen months after it shall have
become a law.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart 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, subdivi-
sion, section, subpart or part thereof directly involved in the contro-
S. 3008--B 208
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 4. 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 Subpart.
PART BBBB
Section 1. Short title. This act shall be known and may be cited as
the "Make Transit Affordable Act".
§ 2. Legislative findings and intent. The legislature hereby finds and
declares the importance of the New York Metropolitan Transportation
Authority (MTA) and affirms the duty of the legislature to ensure that
the MTA remains affordable. The MTA provides an essential service:
transporting millions of New Yorkers on billions of trips each year to
and from places of work, worship, and gathering. For many New Yorkers,
however, the cost is prohibitive, especially as inflation climbs and
wages remain stagnant. As the MTA begins to implement congestion pric-
ing, it has never been more important to promote public transit as a
truly viable alternative to vehicular transport. To that end, the state
of New York must fund a second, more expansive fare-free bus pilot
program, building on the success of the 2023-2024 pilot program. It is
the intent of the legislature to include $45,000,000 in additional
appropriations in the SFY26 budget to Make Transit Affordable by provid-
ing an expanded, world-class free bus pilot program.
§ 3. The public authorities law is amended by adding a new section
1266-n to read as follows:
§ 1266-N. FARE-FREE BUS PILOT PROGRAM. SUBJECT TO APPROPRIATION, THE
AUTHORITY SHALL ALLOCATE FORTY-FIVE MILLION DOLLARS IN STATE FUNDS
RECEIVED TO EXPAND THE FARE-FREE BUS PILOT PROGRAM WITHIN THE CITY OF
NEW YORK.
1. THE FARE-FREE BUS PILOT PROGRAM EXPANSION SHALL LAST FOR AT LEAST
ONE YEAR.
2. THE FARE-FREE BUS PILOT PROGRAM EXPANSION SHALL CONSIST OF AT LEAST
FIFTEEN NEW FARE-FREE BUS ROUTES AND SHALL COST NO MORE THAN FORTY-FIVE
MILLION DOLLARS IN NET OPERATING COSTS. NET OPERATING COSTS SHALL BE
DETERMINED BY THE TOTAL COSTS OF IMPLEMENTING THE FARE-FREE BUS PILOT
PROGRAM EXPANSION AND SHALL NOT ACCRUE TO THE CITY OF NEW YORK.
3. THE FARE-FREE BUS ROUTES INCLUDED IN THE FARE-FREE BUS PILOT
PROGRAM EXPANSION SHALL BE SELECTED BY THE AUTHORITY, AND MAY INCLUDE
EITHER NEW YORK CITY TRANSIT AUTHORITY OR MTA BUS ROUTES, PROVIDED THAT
THERE SHALL BE AT LEAST THREE NEW FARE-FREE BUS ROUTES WITHIN EACH OF
THE FOLLOWING COUNTIES: BRONX COUNTY, KINGS COUNTY, NEW YORK COUNTY,
QUEENS COUNTY, RICHMOND COUNTY.
4. THE FACTORS CONSIDERED BY THE AUTHORITY IN SELECTING SUCH FARE-FREE
BUS ROUTES SHALL INCLUDE BUT NOT BE LIMITED TO:
(A) ADDRESSING SERVICE ADEQUACY AND EQUITY FOR LOW-INCOME AND ECONOM-
ICALLY DISADVANTAGED COMMUNITIES;
(B) ACCESS TO EMPLOYMENT AND COMMERCIAL ACTIVITY IN AREAS SERVED BY
SUCH FARE-FREE ROUTES; AND
(C) ADDRESSING ROUTES FACING HIGH RATES OF OPERATOR ASSAULTS.
5. THE ROUTES SELECTED SHALL RANK IN THE TOP TWENTY-FIVE PERCENT OF
RIDERSHIP FOR THE GIVEN BOROUGH.
S. 3008--B 209
6. THIRTY DAYS PRIOR TO THE IMPLEMENTATION OF THE FARE-FREE BUS PILOT
PROGRAM EXPANSION, THE AUTHORITY SHALL PROVIDE TO THE TEMPORARY PRESI-
DENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, AND PROMINENTLY PUBLISH
ON ITS WEBSITE, A REPORT JUSTIFYING THE AUTHORITY'S CHOICE OF FARE-FREE
BUS ROUTES, ACCORDING TO THE CRITERIA IN SUBDIVISION FOUR OF THIS
SECTION AND ANY ADDITIONAL CRITERIA SPECIFIED BY THE AUTHORITY.
7. THE AUTHORITY SHALL REPORT TO ITS BOARD ON THE FARE-FREE BUS PILOT
PROGRAM EXPANSION AFTER IT HAS BEEN IN EFFECT FOR THREE MONTHS, SIX
MONTHS, AND AGAIN UPON THE CONCLUSION OF THE FARE-FREE BUS PILOT PROGRAM
EXPANSION. SUCH REPORTS SHALL ALSO BE PROMINENTLY PUBLISHED, WITH COPIES
SENT TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF
THE ASSEMBLY AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
COMPARATIVE PERFORMANCE METRICS:
(A) RIDERSHIP TOTALS RELATIVE TO EQUIVALENT TIME PERIODS BEFORE THE
FARE-FREE BUS PILOT PROGRAM EXPANSION TOOK EFFECT;
(B) PERCENT OF SCHEDULED SERVICE DELIVERED;
(C) AVERAGE END-TO-END BUS SPEED CHANGES;
(D) CUSTOMER JOURNEY TIME PERFORMANCE;
(E) DWELL TIME AT BUS STOPS;
(F) THE COST TO PROVIDE SUCH SERVICE ITEMIZED BY ROUTE;
(G) SCHEDULED SERVICE FREQUENCY; AND
(H) DATA ON BUS OPERATOR ASSAULTS PER FARE-FREE ROUTE IN COMPARISON
WITH SYSTEM WIDE.
8. THE AUTHORITY SHALL ALSO SURVEY RIDERS ON THE FARE-FREE ROUTES, BY
IN-PERSON METHODS AT THE THREE-, SIX- AND TWELVE-MONTH MARKS ON TOPICS
INCLUDING BUT NOT LIMITED TO:
(A) OVERALL RIDER SATISFACTION;
(B) EXPERIENCE OF SECURITY AND SAFETY WHEN RIDING THE FARE-FREE BUS;
(C) DEMOGRAPHIC INFORMATION INCLUDING ANNUAL INCOME, VEHICLE ACCESS,
RACE AND ETHNICITY, DISABILITY STATUS, AGE, AND ENROLLMENT STATUS IN THE
FAIR-FARES PROGRAM; AND
(D) OPEN-ENDED QUESTIONS SUCH AS HOW FARE-FREE BUSES AT THE POINT OF
SERVICE HAVE IMPACTED THE RIDER.
9. THE AUTHORITY SHALL IMPLEMENT ALL-DOOR BOARDING ON ALL FARE-FREE
BUSES BEGINNING THE FIRST DAY OF THE FARE-FREE BUS PILOT PROGRAM EXPAN-
SION.
10. THE AUTHORITY SHALL PROMOTE THE FARE-FREE ROUTES THROUGH THE
FOLLOWING METHODS AT A MINIMUM: SIGNAGE ON BUSES, SIGNAGE AT BUS STOPS,
INTERSECTING SUBWAY STOPS, ANNOUNCEMENT ON THE AUTHORITY "FARES & TOLLS"
WEBPAGE, DIGITAL ADVERTISEMENTS ON SUBWAYS, AND ACROSS MTA SOCIAL MEDIA
ACCOUNTS. ANY MESSAGING PROMOTING THE FARE-FREE ROUTES SHALL ALSO
INCLUDE MESSAGING REMINDING RIDERS THAT SUCH PROGRAM IS ON SELECT ROUTES
AND THAT SUCH RIDERS SHOULD TREAT THEIR BUS OPERATORS WITH RESPECT AND
DECORUM.
11. THE AUTHORITY SHALL PRESENT THE FARE-FREE BUS PILOT PROGRAM EXPAN-
SION TO ITS BOARD FOR APPROVAL NO LATER THAN SIXTY DAYS AFTER THE EFFEC-
TIVE DATE OF THIS SECTION, FOR IMPLEMENTATION NO LATER THAN NINETY DAYS
AFTER BOARD ADOPTION.
§ 4. This act shall take effect immediately.
PART CCCC
Section 1. Section 4 of subpart A of part TT of chapter 58 of the laws
of 2024, amending the economic development law and the urban development
corporation act relating to establishing the New York state empire arti-
ficial intelligence research program and the empire AI consortium, and
S. 3008--B 210
relating to the plan of operation and financial oversight of the empire
AI consortium, is amended to read as follows:
§ 4. This act shall take effect immediately[; provided, however, that
section three of this act shall expire and be deemed repealed five years
after such date].
§ 2. Subdivision 2 of section 361 of the economic development law, as
added by section 1 of subpart A of part TT of chapter 58 of the laws of
2024, is amended and two new subdivisions 5 and 6 are added to read as
follows:
2. Empire AI research institute at the university of Buffalo. A state-
owned research and computing facility at the state university of New
York at Buffalo shall be established, to be known as the empire AI
research institute, to promote responsible research and development to
advance the ethical and public interest uses of artificial intelligence
technology in the state. The institute shall be operated and managed by
the consortium IN A MANNER CONSISTENT WITH THE PLAN OF OPERATION FILED
PURSUANT TO SECTION THREE OF SUBPART A OF PART TT OF CHAPTER FIFTY-EIGHT
OF THE LAWS OF TWO THOUSAND TWENTY-FOUR. Construction of the institute
shall be completed by the university at Buffalo, its affiliates or
related entities at the direction of the consortium, or the consortium.
5. POLICY AND PROCEDURES. THE CONSORTIUM SHALL ESTABLISH AND PUBLISH
THE POLICY AND PROCEDURES FOR PROCUREMENT OF ANY EQUIPMENT AND SERVICES
RELATED TO THE INSTITUTE.
6. EX-OFFICIO MEMBERS. THE CHAIRS OF THE SCIENCE AND TECHNOLOGY
COMMITTEE IN THE ASSEMBLY AND INTERNET AND TECHNOLOGY COMMITTEE IN THE
SENATE SHALL SERVE AS EX-OFFICIO, NON-VOTING MEMBERS ON THE BOARD OF THE
CONSORTIUM.
§ 3. This act shall take effect immediately.
PART DDDD
Section 1. Subdivisions 1 and 2 of section 27-1003 of the environ-
mental conservation law, as amended by section 2 of part SS of chapter
59 of the laws of 2009, are amended to read as follows:
1. "Beverage" means carbonated soft drinks, NONCARBONATED DRINKS,
CARBONATED FRUIT BEVERAGES, water, beer, other malt beverages and [a]
wine [product] PRODUCTS as defined in [subdivision thirty-six-a of]
section three of the alcoholic beverage control law. "Malt beverages"
means any beverage obtained by the alcoholic fermentation or infusion or
decoction of barley, malt, hops, or other wholesome grain or cereal and
water including, but not limited to ale, stout or malt liquor. "NONCAR-
BONATED DRINKS" MEANS ANY NONCARBONATED LIQUID INTENDED FOR DRINKING BY
HUMANS, EXCLUDING: CIDER, MEAD, SPIRITS, AND WINE AS SUCH TERMS ARE
DEFINED IN SECTION THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW; BEVERAG-
ES WITH DAIRY MILK AS THE PRIMARY (FIRST) INGREDIENT; PLANT-BASED DAIRY
ALTERNATIVES; DRUGS REGULATED UNDER THE FEDERAL FOOD, DRUG AND COSMETIC
ACT; INFANT FORMULA; MEAL REPLACEMENT LIQUIDS; SYRUPS; MEDICINALS; TINC-
TURES; PRODUCTS THAT ARE FROZEN AT THE TIME OF SALE OR INTENDED TO BE
CONSUMED IN A FROZEN STATE; DRINK POWDERS; AND BROTHS AND SOUPS. "Water"
means any beverage identified through the use of letters, words or
symbols on its product label as a type of water, including any flavored
water or nutritionally enhanced water[, provided, however, that "water"
does not include any beverage identified as a type of water to which a
sugar has been added].
2. "Beverage container" means the individual, separate, sealed glass,
metal, aluminum, steel or plastic bottle, can or jar used for containing
S. 3008--B 211
less than one gallon or 3.78 liters OF LIQUID at the time of sale or
offer for sale of a beverage intended for use or consumption in this
state. Beverage containers sold or offered for sale or distributed
aboard aircraft or ships shall be considered as intended for use or
consumption outside this state.
§ 2. Subdivision 12 of section 27-1003 of the environmental conserva-
tion law, as added by section 3 of part SS of chapter 59 of the laws of
2009, is amended and a new subdivision 14 is added to read as follows:
12. "Reverse vending machine" means an automated device that uses a
laser scanner, microprocessor, or other technology to accurately recog-
nize the universal product code (UPC) on containers to determine if the
container is redeemable and accumulates information regarding containers
redeemed, including the number of such containers redeemed, thereby
enabling the reverse vending machine to accept containers from redeemers
and to issue LEGAL TENDER OR a scrip [or], receipt, OR OTHER FORM OF
CREDIT for their refund value. SUCH DEFINITION SHALL ALSO APPLY TO
ALTERNATIVE TECHNOLOGY APPROVED BY THE COMMISSIONER PURSUANT TO SUBPARA-
GRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 27-1007 OF
THIS TITLE. NOTHING IN THIS DEFINITION SHALL BE CONSTRUED TO RELIEVE A
DEALER SPECIFIED IN SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION 27-1007 OF THIS TITLE OF THE REQUIREMENT TO PROVIDE AN
IMMEDIATE FORM OF DEPOSIT REPAYMENT IF THE REVERSE VENDING MACHINE OR
ALTERNATIVE TECHNOLOGY DOES NOT PROVIDE SUCH.
14. "REDEMPTION RATE" MEANS THE PERCENTAGE OF BEVERAGE CONTAINERS SOLD
THAT ARE REDEEMED FOR THE REFUND VALUE.
§ 3. Paragraphs (a) and (b) of subdivision 1 and subdivisions 3, 6 and
11 of section 27-1007 of the environmental conservation law, paragraph
(a) of subdivisions 1 and subdivisions 3, 6 and 11 as added by section 4
of part SS of chapter 59 of the laws of 2009 and paragraph (b) of subdi-
vision 1 as amended by chapter 459 of the laws of 2011, are amended and
two new subdivisions 13 and 14 are added to read as follows:
(a) A dealer shall accept at [his or her] SUCH DEALER'S place of busi-
ness from a redeemer any empty beverage containers of the design, shape,
size, color, composition and brand sold or offered for sale by the deal-
er, and shall pay to the redeemer the refund value of each such beverage
container as established in section 27-1005 of this title. Redemptions
of refund value must be in legal tender, or a scrip or receipt from a
reverse vending machine, provided that the scrip or receipt can be
exchanged for legal tender for a period of not less than sixty days
without requiring the purchase of other goods. IN THE EVENT SUCH SCRIP
OR RECEIPT EXPIRES, SUCH SCRIP OR RECEIPT MUST INDICATE ANY EXPIRATION
DATE AND THE DEALER MUST POST A CONSPICUOUS SIGN INDICATING HOW MANY
DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP OR RECEIPT FOR LEGAL TENDER.
IF SUCH NOTIFICATION IS NOT PROVIDED, A DEALER MUST REDEEM THE FULL
REFUND VALUE INDICATED ON ANY LEGIBLE SCRIP OR RECEIPT. The use or pres-
ence of a reverse vending machine shall not relieve a dealer of any
obligations imposed pursuant to this section. If a dealer utilizes a
reverse vending machine to redeem containers, the dealer shall provide
redemption of beverage containers when the reverse vending machine is
full, broken, under repair or does not accept a type of beverage
container sold or offered for sale by such dealer and may not limit the
hours or days of redemption except as provided by subdivision three of
this section.
(b) Beginning March first, two thousand ten, a dealer whose place of
business is part of a chain engaged in the same general field of busi-
ness which operates ten or more units in this state under common owner-
S. 3008--B 212
ship and whose business has at least: (i) forty thousand but less than
sixty thousand square feet devoted to the display of merchandise for
sale to the public shall install and maintain at least two reverse vend-
ing machines at the dealer's place of business; (ii) sixty thousand but
less than eighty-five thousand square feet devoted to the display of
merchandise for sale to the public shall install and maintain at least
three reverse vending machines at the dealer's place of business; or
(iii) eighty-five thousand square feet devoted to the display of
merchandise for sale to the public shall install and maintain at least
four reverse vending machines at the dealer's place of business. The
requirements of [paragraph (b) of] this subdivision to install and main-
tain reverse vending machines shall not apply to a dealer that: (i)
sells only beverage containers of twenty ounces or less where such
beverage containers are packaged in quantities fewer than six; (ii)
sells beverage containers and devotes no more than five percent of its
floor space to the display and sale of consumer commodities, as defined
in section two hundred fourteen-h of the agriculture and markets law; or
(iii) obtains a waiver from the commissioner authorizing dealers to
provide consumers with an alternative technology that: (A) determines if
the container is redeemable, (B) provides protections against fraud
through a system that validates each container redeemed by reading the
universal product code and, except with respect to refillable contain-
ers, renders the container unredeemable, (C) accumulates information
regarding containers redeemed, and (D) issues legal tender, or a scrip,
receipt, or other form of credit for the refund value, that can be
exchanged for legal tender for a period of not less than sixty days
without requiring the purchase of other goods AND INCLUDES ANY EXPIRA-
TION DATE ON THE SCRIP, RECEIPT, OR OTHER FORM OF CREDIT. Notwithstand-
ing the foregoing, if the alternative technology does not allow consum-
ers to immediately obtain the refund value of the redeemed container, a
dealer shall be permitted to deploy such alternative technology only if
it also offers an alternative that allows consumers to conveniently and
immediately obtain such refund value through a reverse vending machine
or other alternative method.
3. On or after June first, two thousand nine, a dealer may limit the
number of empty beverage containers to be accepted for redemption at the
dealer's place of business to no less than seventy-two containers [per
visit,] per redeemer, per day, provided that:
(a) The dealer has a written agreement with a redemption center, be it
either at a fixed physical location within the same county and within
[one-half] ONE mile of the dealer's place of business, or a mobile
redemption center, operated by a redemption center, that is located
within one-quarter mile of the dealer's place of business. The redemp-
tion center must have a written agreement with the dealer to accept
containers on behalf of the dealer; and the redemption center's hours of
operation must cover at least [9:00 a.m. through 7:00 p.m.] EIGHT HOURS
daily or in the case of a mobile redemption center, the hours of opera-
tion must cover at least four consecutive hours between 8:00 a.m. and
8:00 p.m. daily. The dealer must post a conspicuous, permanent sign,
meeting the size and color specifications set forth in subdivision two
of this section, open to public view, identifying the location and hours
of operation of the affiliated redemption center or mobile redemption
center; and
(b) The dealer provides, at a minimum, a consecutive two hour period
between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
to two hundred forty containers, per redeemer, per day, and posts a
S. 3008--B 213
conspicuous, permanent sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view, iden-
tifying those hours. The dealer may not change the hours of redemption
without first posting a thirty day notice; and
(c) The dealer's primary business is the sale of food or beverages for
consumption off-premises, and the dealer's place of business is less
than ten thousand square feet in size.
6. In addition to the refund value of a beverage container as estab-
lished by section 27-1005 of this title, a deposit initiator shall pay
to any dealer or operator of a redemption center a handling fee of three
and one-half cents for each beverage container accepted by the deposit
initiator from such dealer or operator of a redemption center. BEGIN-
NING JULY FIRST, TWO THOUSAND TWENTY-FIVE, THE HANDLING FEE SHALL BE
FOUR AND ONE-HALF CENTS. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SEV-
EN, THE HANDLING FEE SHALL BE FIVE CENTS. Payment of the handling fee
shall be as compensation for collecting, sorting and packaging of empty
beverage containers for transport back to the deposit initiator or its
designee. Payment of the handling fee may not be conditioned on the
purchase of any goods or services, nor may such payment be made out of
the refund value account established pursuant to section 27-1012 of this
title. A distributor who does not initiate deposits on a type of bever-
age container is considered a dealer only for the purpose of receiving a
handling fee from a deposit initiator.
11. Notwithstanding the provisions of subdivision two of section
27-1009 of this title, a deposit initiator or distributor shall accept
and redeem beverage containers as provided in this title, if the dealer
or operator of a redemption center shall have accepted and paid the
refund value of such beverage containers, SUBJECT TO THE PROHIBITIONS
SET FORTH IN SUBDIVISIONS NINE AND TEN OF THIS SECTION.
13. THE DEPARTMENT AND THE DEPARTMENT OF TAXATION AND FINANCE ARE
AUTHORIZED TO AUDIT ANY REVERSE VENDING MACHINE.
14. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
DEALER SHALL NOT BE REQUIRED TO ACCEPT FROM A REDEEMER ANY EMPTY BEVER-
AGE CONTAINER AT A FARMERS' MARKET AS SUCH TERM IS DEFINED BY THE
DEPARTMENT OF AGRICULTURE AND MARKETS.
§ 4. Section 27-1009 of the environmental conservation law, as amended
by section 4 of part F of chapter 58 of the laws of 2013, is amended to
read as follows:
§ 27-1009. Refusal of acceptance.
1. A. A dealer or operator of a redemption center may refuse to accept
from a redeemer, and a deposit initiator or distributor may refuse to
accept from a dealer or operator of a redemption center any empty bever-
age container which does not state thereon a refund value as established
by section 27-1005 and provided by section 27-1011 of this title.
B. ANY PERSON WHO ACCEPTS ANY SUCH CONTAINER FOR REDEMPTION SHALL NOT
BE ENTITLED TO PAYMENT OF ANY HANDLING FEE OR REFUND VALUE ON SUCH
CONTAINER.
C. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT ANY SUCH PERSON, AT SUCH
PERSON'S OPTION, FROM ACCEPTING SUCH A CONTAINER FOR RECYCLING OR
DISPOSAL.
2. A. A dealer or operator of a redemption center AND A DEPOSIT INITI-
ATOR OR DISTRIBUTOR may also refuse to accept any broken bottle, corrod-
ed, crushed or dismembered container, or any beverage container which
contains a significant amount of foreign material, as determined in
rules and regulations to be promulgated by the commissioner, OTHER THAN
NON-CORRODED CONTAINERS COMPACTED BY A REVERSE VENDING MACHINE, AS
S. 3008--B 214
DETERMINED IN RULES AND REGULATIONS TO BE PROMULGATED BY THE COMMISSION-
ER.
B. ANY PERSON WHO ACCEPTS ANY SUCH CONTAINER FOR REDEMPTION SHALL NOT
BE ENTITLED TO PAYMENT OF ANY HANDLING FEE OR REFUND VALUE ON SUCH
CONTAINER.
C. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT ANY SUCH PERSON, AT SUCH
PERSON'S OPTION, FROM ACCEPTING SUCH A CONTAINER FOR RECYCLING OR
DISPOSAL.
3. A DEALER OR OPERATOR OF A REDEMPTION CENTER AND A DEPOSIT INITIATOR
OR DISTRIBUTOR SHALL REFUSE TO ACCEPT FOR REFUND AN EMPTY BEVERAGE
CONTAINER THAT THE DEALER, REDEMPTION CENTER, DEPOSIT INITIATOR, OR
DISTRIBUTOR KNOWS WAS PURCHASED OUTSIDE OF THE STATE.
§ 5. Paragraphs a and c of subdivision 4 of section 27-1012 of the
environmental conservation law, as added by section 8 of part SS of
chapter 59 of the laws of 2009, are amended to read as follows:
a. Quarterly payments.
(I) An amount equal to [eighty] SIXTY percent of the balance outstand-
ing in the refund value account at the close of each quarter shall be
paid to the commissioner of taxation and finance at the time the report
provided for in subdivision three of this section is required to be
filed. The commissioner of taxation and finance may require that the
payments be made electronically. The remaining [twenty] FORTY percent of
the balance outstanding at the close of each quarter shall be the monies
of the deposit initiator and may be withdrawn from such account by the
deposit initiator.
(II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, A DEPOSIT
INITIATOR WHO DEMONSTRATES TO THE SATISFACTION OF THE COMMISSIONER THAT
AT LEAST SEVENTY-FIVE PERCENT OF DEPOSITS IT INITIATES ARE REDEEMED
SHALL PAY AN AMOUNT EQUAL TO FIFTY-FIVE PERCENT OF THE BALANCE OUTSTAND-
ING IN THE REFUND VALUE ACCOUNT SPECIFICALLY ATTRIBUTABLE TO REFILLABLE
BEVERAGE CONTAINERS AT THE CLOSE OF EACH QUARTER TO THE COMMISSIONER OF
TAXATION AND FINANCE AT THE TIME THE REPORT PROVIDED FOR IN SUBDIVISION
THREE OF THIS SECTION IS REQUIRED TO BE FILED.
(III) If the provisions of this section with respect to such account
have not been fully complied with, each deposit initiator shall pay to
such commissioner at such time, in lieu of the amount described in the
preceding sentence, an amount equal to the balance which would have been
outstanding on such date had such provisions been fully complied with.
The commissioner of taxation and finance may require that the payments
be made electronically.
c. Final report. A deposit initiator who ceases to do business in this
state as a deposit initiator shall file a final report and remit payment
of [eighty] SIXTY percent of all amounts remaining in the refund value
account as of the close of the deposit initiator's last day of business.
The commissioner of taxation and finance may require that the payments
be made electronically. The deposit initiator shall indicate on the
report that it is a "final report". The final report is due to be filed
with payment twenty days after the close of the quarterly period in
which the deposit initiator ceases to do business. In the event the
deposit initiator pays out more in refund values than it collects in
such final quarterly period, the deposit initiator may apply to the
commissioner of taxation and finance for a refund of the amount of such
excess payment of refund values from sources other than the refund value
account, in the manner as provided by the commissioner of taxation and
finance.
S. 3008--B 215
§ 6. Subdivision 5 of section 27-1012 of the environmental
conservation law, as amended by section 2 of part JJ of chapter 58 of
the laws of 2017, is amended to read as follows:
5. All moneys collected or received by the department of taxation and
finance pursuant to this title shall be deposited to the credit of the
comptroller with such responsible banks, banking houses or trust compa-
nies as may be designated by the comptroller. Such deposits shall be
kept separate and apart from all other moneys in the possession of the
comptroller. The comptroller shall require adequate security from all
such depositories. Of the total revenue collected, the comptroller shall
retain the amount determined by the commissioner of taxation and finance
to be necessary for refunds out of which the comptroller must pay any
refunds to which a deposit initiator may be entitled. OF THE REVENUE
REMAINING FOLLOWING PAYMENTS OF ANY REFUNDS, THE COMPTROLLER SHALL ANNU-
ALLY, THROUGH THE STATE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOU-
SAND TWENTY-NINE, RETAIN AN AMOUNT EQUAL TO THREE MILLION DOLLARS FOR
THE BEVERAGE CONTAINER ASSISTANCE PROGRAM ESTABLISHED PURSUANT TO
SECTION 27-1018 OF THIS TITLE. After reserving the amount to pay
refunds, the comptroller must, by the tenth day of each month, pay into
the state treasury to the credit of the general fund the revenue depos-
ited under this subdivision during the preceding calendar month and
remaining to the comptroller's credit on the last day of that preceding
month; provided, however, that, beginning April first, two thousand
thirteen, nineteen million dollars, and all fiscal years thereafter,
twenty-three million dollars plus all funds received from the payments
due each fiscal year pursuant to subdivision four of this section in
excess of the greater of the amount received from April first, two thou-
sand twelve through March thirty-first, two thousand thirteen or one
hundred twenty-two million two hundred thousand dollars, shall be depos-
ited to the credit of the environmental protection fund established
pursuant to section ninety-two-s of the state finance law.
§ 7. Section 27-1012 of the environmental conservation law is amended
by adding a new subdivision 13 to read as follows:
13. ANNUALLY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
TAXATION AND FINANCE, SHALL USE AVAILABLE INFORMATION TO PRODUCE AN
ANNUAL REPORT AT A MINIMUM CONTAINING INFORMATION ON: REDEMPTION RATES;
CONTAINER MATERIAL TYPES BY PERCENT USAGE; REFILLABLE CONTAINER USAGE;
FRAUD AND ENFORCEMENT ACTIONS; AN ANALYSIS OF THE HANDLING FEE AND
CONSUMER PRICE INDEX; THE FINANCIAL HEALTH OF REDEMPTION CENTERS IN THE
STATE, INCLUDING AN ANALYSIS OF REGIONAL VARIATION; AND AN ANALYSIS OF
REDEMPTION RATES AND RELEVANT INCENTIVE STRUCTURES FOR DEPOSIT INITI-
ATORS, DEALERS, REDEEMERS, REDEMPTION CENTERS, AND DISTRIBUTORS. SUCH
REPORT SHALL BE PROVIDED TO THE LEGISLATURE AND POSTED PUBLICLY ON THE
DEPARTMENT'S WEBSITE.
§ 8. Paragraph a of subdivision 7 of section 27-1012 of the environ-
mental conservation law, as amended by section 8 of part SS of chapter
59 of the laws of 2009, is amended to read as follows:
a. Any person who is a deposit initiator under this title before April
first, two thousand nine, must apply by June first, two thousand nine to
the commissioner of taxation and finance for registration as a deposit
initiator. Any person who becomes a deposit initiator on or after April
first, two thousand nine shall apply for registration prior to collect-
ing any deposits as such a deposit initiator. Such application shall be
in a form prescribed by the commissioner of taxation and finance and
shall require such information deemed to be necessary for proper admin-
istration of this title. The commissioner of taxation and finance may
S. 3008--B 216
require that applications for registration must be submitted electron-
ically. The commissioner of taxation and finance shall electronically
issue a deposit initiator registration certificate in a form prescribed
by the commissioner of taxation and finance within fifteen days of
receipt of such application or may take an additional ten days if the
commissioner of taxation and finance deems it necessary to consult with
the commissioner before issuing such registration certificate. A regis-
tration certificate issued pursuant to this subdivision may be issued
for a specified term of not less than three years and shall be subject
to renewal in accordance with procedures specified by the commissioner
of taxation and finance. The commissioner of taxation and finance shall
furnish to the commissioner a complete list of registered deposit initi-
ators and shall continually update such list as warranted. The commis-
sioner shall share any information with the commissioner of taxation and
finance that is necessary for the administration of this subdivision.
THE COMMISSIONER SHALL PUBLISH ON ITS WEBSITE AND ANNUALLY UPDATE THE
LIST OF REGISTERED DEPOSIT INITIATORS AND THEIR COVERED PRODUCTS, AND A
LIST OF REGISTERED REDEMPTION CENTERS AND THE TOTAL COMBINED NUMBER OF
REDEEMED CONTAINERS HANDLED BY ALL SUCH REDEMPTION CENTERS IN THE PRIOR
YEAR ON THE DEPARTMENT'S WEBSITE.
§ 9. Section 27-1013 of the environmental conservation law, as amended
by section 7 of part F of chapter 58 of the laws of 2013, is amended to
read as follows:
§ 27-1013. Redemption centers.
1. (A)(I) AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWENTY-FIVE THAT AMENDED THIS SECTION AND SUBJECT TO APPLICABLE
PROVISIONS OF LOCAL AND STATE LAW, ANY PERSON, FIRM OR CORPORATION WHICH
ESTABLISHES A REDEMPTION CENTER SHALL SUBMIT AN APPLICATION TO THE
COMMISSIONER FOR REGISTRATION AS A CONDITION OF OPERATION.
(II) ANY REDEMPTION CENTER IN BUSINESS ON OR BEFORE APRIL FIRST, TWO
THOUSAND TWENTY-FIVE MAY CONTINUE TO OPERATE AS IF THE DEPARTMENT HAD
ISSUED SUCH REDEMPTION CENTER A REGISTRATION REQUIRED BY REGULATIONS
ADOPTED UNDER THIS SECTION; PROVIDED, HOWEVER, THAT SUCH REDEMPTION
CENTER SHALL SUBMIT A RENEWAL APPLICATION TO THE COMMISSIONER IN ACCORD-
ANCE WITH APPLICABLE REGULATIONS BY APRIL FIRST, TWO THOUSAND TWENTY-
SIX.
(III) AN APPLICATION FOR REGISTRATION OR RENEWAL SHALL BE IN A FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL, AT A MINIMUM, REQUIRE THE NAME
AND PHYSICAL ADDRESS OF THE REDEMPTION CENTER, THE NAME, ADDRESS AND
CONTACT INFORMATION OF THE OWNER AND/OR OPERATOR OF THE REDEMPTION
CENTER, THE NAMES AND ADDRESSES OF EACH DEALER OR DISTRIBUTOR WITH WHICH
THE REDEMPTION CENTER HAS CONTRACTED TO COLLECT, SORT AND OBTAIN THE
REFUND VALUE AND HANDLING FEE OF EMPTY BEVERAGE CONTAINERS, AS APPLICA-
BLE, THE NUMBER OF BEVERAGE CONTAINERS REDEEMED BY THE REDEMPTION CENTER
DURING THE PRECEDING TWELVE MONTHS, AS APPLICABLE, AND SUCH OTHER INFOR-
MATION AS THE COMMISSIONER DEEMS NECESSARY FOR PROPER ADMINISTRATION OF
THIS TITLE. THE COMMISSIONER SHALL ISSUE A REDEMPTION CENTER REGISTRA-
TION CERTIFICATE OR RENEWAL CERTIFICATE IN A FORM PRESCRIBED BY THE
COMMISSIONER WITHIN THIRTY DAYS OF RECEIPT OF SUCH APPLICATION. A REGIS-
TRATION CERTIFICATE OR RENEWAL CERTIFICATE ISSUED PURSUANT TO THIS
SUBDIVISION SHALL BE SUBJECT TO RENEWAL EVERY THREE YEARS IN ACCORDANCE
WITH PROCEDURES SPECIFIED BY THE COMMISSIONER.
(IV) ANY REDEMPTION CENTER THAT CEASES OPERATIONS SHALL NOTIFY THE
COMMISSIONER OF SUCH CESSATION IN WRITING WITHIN THIRTY DAYS IN A FORM
PRESCRIBED BY THE COMMISSIONER.
S. 3008--B 217
(B) THE COMMISSIONER SHALL ISSUE A REGISTRATION OR RENEWAL WITHIN
THIRTY DAYS OF THE SUBMISSION OF AN APPLICATION BY A PERSON, FIRM OR
CORPORATION WHICH ESTABLISHES A REDEMPTION CENTER IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, SUBJECT TO APPLICABLE PROVISIONS OF LOCAL
AND STATE LAWS. AN APPLICATION FOR REGISTRATION OR RENEWAL SHALL BE
DEEMED APPROVED IF THE DEPARTMENT FAILS TO ACT ON SUCH APPLICATION WITH-
IN THIRTY DAYS OF SUBMISSION. REGISTRATIONS AND RENEWALS SHALL BE ISSUED
AT NO COST TO THE APPLICANT.
(C) AFTER DUE NOTICE AND AN OPPORTUNITY TO BE HEARD, THE DEPARTMENT
MAY DENY AN APPLICATION FOR REGISTRATION OR RENEWAL OR REVOKE A REGIS-
TRATION. IN DETERMINING WHETHER OR NOT TO REVOKE A REGISTRATION, THE
COMMISSIONER SHALL, AT A MINIMUM, TAKE INTO CONSIDERATION THE COMPLIANCE
HISTORY OF AN APPLICANT, RESULTS FROM AUDITS, GOOD FAITH EFFORTS OF AN
APPLICANT TO COMPLY, ANY ECONOMIC BENEFIT FROM NONCOMPLIANCE, AND WHETH-
ER ANY VIOLATION WAS PROCEDURAL IN NATURE. THE COMMISSIONER'S DETERMI-
NATION TO REVOKE A REGISTRATION IS SUBJECT TO REVIEW UNDER ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
(D) ANY PERSON, FIRM OR CORPORATION REQUIRED TO BE REGISTERED UNDER
THIS SECTION WHICH, WITHOUT BEING REGISTERED, REDEEMS BEVERAGE CONTAIN-
ERS IN THIS STATE, SHALL NOT BE ELIGIBLE TO RECEIVE A HANDLING FEE FOR
ANY SUCH REDEEMED BEVERAGE CONTAINERS, AND IF SUCH PERSON, FIRM OR
CORPORATION HAS RECEIVED A HANDLING FEE AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH, IT SHALL BE PROMPTLY REFUNDED TO THE DISTRIBUTOR OR DEPOSIT
INITIATOR WHICH PAID SUCH HANDLING FEE.
2. The commissioner is hereby empowered to promulgate rules and regu-
lations governing:
(a) the circumstances in which deposit initiators, dealers and
distributors, individually or collectively, are required to accept the
return of empty beverage containers, including beverage containers proc-
essed through reverse vending machines and make payment therefor;
(b) the sorting of the containers which a deposit initiator or
distributor may require of dealers and redemption centers;
(c) the collection of returned beverage containers by deposit initi-
ators or distributors, including the party to whom such expense is to be
charged, the frequency of such pick ups and the payment for refunds and
handling fees thereon;
(d) the right of dealers to restrict or limit the number of containers
redeemed, the rules for redemption at the dealers' place of business,
and the redemption of containers from a beverage for which sales have
been discontinued;
(e) [to issue] registrations AND RENEWALS ISSUED to persons, firms or
corporations which establish redemption centers, subject to applicable
provisions of local and state laws, [at which redeemers and dealers may
return empty beverage containers and receive payment of the refund value
of such beverage containers. Such registrations shall be issued at no
cost. Should the department require by regulations adopted pursuant to
this paragraph that redemption centers must obtain a registration as a
condition of operation, any redemption center in business as of March
first, two thousand thirteen that previously provided the department
with the notification information required by regulations in effect as
of such date may continue to operate as if the department had issued
such redemption center a registration required by regulations adopted
under this paragraph; provided, however, that such redemption center
shall provide the department with any other information required by
regulations adopted pursuant to this paragraph. The department may,
after due notice and opportunity of hearing, pursuant to the provisions
S. 3008--B 218
of section 71-1709 of this chapter, deny an application or revoke a
registration. In determining whether or not to revoke a registration the
commissioner shall at a minimum, take into consideration the compliance
history of a violator, good faith efforts of a violator to comply, any
economic benefit from noncompliance and whether the violation was proce-
dural in nature. The commissioner's determination to revoke a registra-
tion is subject to review under article seventy-eight of the civil prac-
tice law and rules] PURSUANT TO SUBDIVISION ONE OF THIS SECTION; and
(f) the operation of mobile redemption centers in order to ensure that
to the best extent practicable containers are not proffered for redemp-
tion to a deposit initiator or distributor outside of the geographic
area where such deposit initiator sells containers and initiates depos-
its.
[2.] 3. A. THE COMMISSIONER SHALL SET STANDARDS AND PROMULGATE RULES
AND REGULATIONS GOVERNING THE PERFORMANCE OF AUDITS IN CONNECTION WITH
PICK-UPS OF REDEEMED BEVERAGE CONTAINERS. SUCH AUDITS SHALL BE CONDUCTED
BY THE DEPARTMENT AT LEAST ONCE ANNUALLY AT EVERY REDEMPTION CENTER IN
THE STATE.
B. THE DEPARTMENT SHALL TAKE INTO CONSIDERATION COMPLAINTS AND
REQUESTS FOR AUDITS BY DISTRIBUTORS, DEPOSIT INITIATORS, REDEMPTION
CENTERS, AND DEALERS WHEN DETERMINING HOW AND WHEN TO CONDUCT AUDITS,
AND MAY COORDINATE AUDITS WITH ANY OF THE FOREGOING PERSONS. AUDIT
RESULTS SHALL BE PROMPTLY REPORTED TO THE DISTRIBUTOR, DEPOSIT INITI-
ATOR, REDEMPTION CENTER AND/OR DEALER WHOSE PICK-UP TRANSACTION IS THE
SUBJECT OF SUCH AUDIT.
C. WHERE AN AUDIT FINDS THAT A PARTY TO A PICKUP TRANSACTION REPORTED
MORE BEVERAGE CONTAINERS THAN WERE ACTUALLY PHYSICALLY TENDERED, THE
DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO THE REDEMPTION CENTER OF SUCH
SHORTFALL AND THE REDEMPTION CENTER SHALL PROVIDE A REFUND BASED ON THE
ACTUAL TENDERED AMOUNT, PROVIDED THAT IF SUCH AUDIT REVEALS A DISCREPAN-
CY BETWEEN THE REDEMPTION CENTER'S REPORTED NUMBER OF BEVERAGE CONTAIN-
ERS AND THE ACTUAL PHYSICAL COUNT OF TEN PERCENT OR GREATER, THE DEPART-
MENT MAY AUTHORIZE THE DEPOSIT INITIATOR TO WITHHOLD UP TO FIFTY PERCENT
OF THE HANDLING FEE OTHERWISE PAYABLE TO THE REDEMPTION CENTER FOR SUCH
TENDER, AND PROVIDED FURTHER THAT UPON ANY SUBSEQUENT AUDIT WHICH
PRODUCES A DISCREPANCY OF TEN PERCENT OR MORE, THE DEPARTMENT MAY
AUTHORIZE A DEPOSIT INITIATOR TO WITHHOLD UP TO ONE HUNDRED PERCENT OF
THE HANDLING FEE OTHERWISE PAYABLE TO SUCH REDEMPTION CENTER. FOR ANY
SUCH AUDIT THAT REVEALS A DISCREPANCY BETWEEN THE REPORTED AMOUNT AND
THE COUNT OF TEN PERCENT OR GREATER, OR THAT MORE THAN TWO PERCENT OF
CONTAINERS ARE INELIGIBLE, THE DEPARTMENT MAY FIND THE APPLICABLE PERSON
IN VIOLATION OF THIS TITLE.
4. The department may require a redemption center to obtain a permit,
as an alternative to registration if such center is located at the same
facility or site as another solid waste management facility otherwise
subject to the requirements of title seven of this article or the regu-
lations promulgated pursuant thereto.
[3.] 5. No dealer or distributor, as defined in section 27-1003 of
this title, shall be required to obtain a permit to operate a redemption
center at the same location as the dealer's or distributor's place of
business. Operators of such redemption centers shall receive payment of
the refund value of each beverage container from the appropriate deposit
initiator or distributor as provided under section 27-1007 of this
title.
[4.] 6. Each dealer and redemption center shall require any person
tendering for redemption more than two thousand five hundred containers
S. 3008--B 219
at one time to such dealer or redemption center to provide: such
person's name and address [and]; the license plate of the vehicle used
to transport the containers, or, in the case of an agent or employee of
a not-for-profit corporation, a sales tax exemption certificate; AND A
CERTIFICATION THAT TO THE BEST OF SUCH PERSON'S KNOWLEDGE THE CONTAINERS
WERE ORIGINALLY SOLD AS FILLED BEVERAGE CONTAINERS IN THIS STATE AND
WERE NOT PREVIOUSLY REDEEMED. AFTER COMPLYING AT LEAST ONCE WITH THESE
REQUIREMENTS, A PERSON NEED NOT COMPLY AT EACH SUBSEQUENT TENDER TO A
DEALER OR REDEMPTION CENTER FOR REDEMPTION OF MORE THAN TWO THOUSAND
FIVE HUNDRED CONTAINERS IF: ALL SUCH CONTAINERS WERE COLLECTED AT ONE
LOCATION IN THIS STATE; ALL PROCEEDS OF THE REFUND VALUE BENEFIT A
NONPROFIT ORGANIZATION THAT HAS BEEN DETERMINED BY THE UNITED STATES
INTERNAL REVENUE SERVICE TO BE EXEMPT FROM TAXATION UNDER THE UNITED
STATES INTERNAL REVENUE CODE OF 1986, SECTION 501(C)(3); AND THE PERSON
TENDERING THE CONTAINERS FOR REDEMPTION SIGNS A DECLARATION INDICATING
THE PERSON'S NAME, THE ADDRESS OF THE COLLECTION POINT AND THE NAME OF
THE ORGANIZATION OR ORGANIZATIONS THAT WILL RECEIVE THE REFUND VALUE.
The dealer or redemption center redeeming the beverage containers shall
keep [the] SUCH information on file for a minimum of twelve months and
provide [same] SUCH INFORMATION to the department upon request.
§ 10. Section 27-1014 of the environmental conservation law, as
amended by section 10 of part SS of chapter 59 of the laws of 2009, is
amended to read as follows:
§ 27-1014. Authority to promulgate rules and regulations.
In addition to the authority of the commissioner[,] under sections
27-1007, 27-1009 [and], 27-1011, 27-1012, 27-1013, AND 27-1018 of this
title, the commissioner shall have the power to promulgate rules and
regulations necessary and appropriate for the administration of this
title.
§ 11. Section 27-1018 of the environmental conservation law, as added
by section 13 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
§ 27-1018. Beverage container assistance program.
1. Notwithstanding any other provision of law to the contrary, WITHIN
THE AMOUNTS RETAINED BY THE COMPTROLLER FOR USE UNDER THE BEVERAGE
CONTAINER ASSISTANCE PROGRAM PURSUANT TO SUBDIVISION FIVE OF SECTION
27-1012 OF THIS TITLE, AND within the limits of appropriations therefor,
the commissioner shall make state assistance payments to [munici-
palities,] QUALIFYING SMALL businesses and not-for-profit organizations
located in the state, UPON APPLICATION, for (A) the cost AND INSTALLA-
TION of reverse vending machines located or to be located in the state
[. Such state assistance payments shall not exceed fifty percent of the
costs of equipment, and/or the acquisition and/or rehabilitation of real
property or structures located or to be located in the state related to
the collecting, sorting, and packaging of empty beverage containers
subject to the provisions of this title. Such payments may include costs
related to the establishment of redemption centers, including mobile
redemption centers], AND (B) SUPPORT FOR REDEMPTION CENTERS THAT OPERATE
INDEPENDENTLY FROM DEALERS, WHICH SUPPORT MAY TAKE THE FORM OF A SUPPLE-
MENTAL HANDLING FEE OF NO MORE THAN ONE ADDITIONAL CENT PER CONTAINER
REDEEMED.
2. THE DEPARTMENT MAY DEVELOP POLICIES AND PROCEDURES FOR THE EVALU-
ATION OF REDEMPTION CENTER ELIGIBILITY AND SUPPORT. PREFERENCE SHALL BE
GIVEN TO REDEMPTION CENTERS THAT DO NOT OWN, LEASE, OR UTILIZE ANY
REVERSE VENDING MACHINES, REDEMPTION CENTERS DEMONSTRATING SIGNIFICANT
FINANCIAL DISTRESS, REDEMPTION CENTERS THAT REDEEM A SMALL NUMBER OF
S. 3008--B 220
CONTAINERS RELATIVE TO OTHER REDEMPTION CENTERS, AND NOT-FOR-PROFIT
ORGANIZATIONS AND QUALIFIED SMALL BUSINESSES THAT DO NOT HAVE A
REDEMPTION CENTER WITHIN ONE MILE.
3. UP TO FIVE PERCENT OF FUNDS AVAILABLE UNDER THE BEVERAGE CONTAINER
ASSISTANCE PROGRAM MAY BE USED FOR THE DEPARTMENT'S ADMINISTRATIVE
COSTS TO ADMINISTER THE PROGRAM UNDER THIS SECTION, PROVIDED THAT ANY
SUCH FUNDS WHICH ARE UNUSED AT THE END OF EACH FISCAL YEAR SHALL BE MADE
AVAILABLE FOR PROGRAM ASSISTANCE IN THE FOLLOWING FISCAL YEAR. ANY SUCH
UNUSED FUNDS REMAINING UPON THE TERMINATION OF THE PROGRAM SHALL BE
DEPOSITED IN THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO
SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
4. For the purposes of this section, [municipalities and] not-for-pro-
fit organizations shall have the meaning as defined in section 54-0101
of this chapter and QUALIFIED SMALL businesses shall mean a dealer[,
distributor] or redemption center as defined in this title that employs
less than fifty employees.
§ 12. Section 27-1018 of the environmental conservation law is
REPEALED.
§ 13. The multi-agency bottle bill fraud investigation team, led by
the department of environmental conservation and first announced on
October 23, 2023, shall submit a report to the governor, the temporary
president of the senate, and the speaker of the assembly no later than
one year after the effective date of this act. Such report shall
include, but not be limited to, any findings of pervasive beverage
container redemption fraud in New York state, and any recommendations
for legislative action in response to such fraud.
§ 14. This act shall take effect immediately; provided, however, that
sections two, three, four, five, six, seven, eight, nine, ten and eleven
of this act shall take effect July 1, 2025; provided further, however,
that section one of this act shall take effect July 1, 2027; and
provided, further, that section twelve of this act shall take effect
January 1, 2039, with any remaining funds transferred to the environ-
mental protection fund established pursuant to section 92-s of the state
finance law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
PART EEEE
Section 1. Section 88 of the highway law is amended by adding a new
subdivision 12-a to read as follows:
12-A. (A) THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT, UPON FEDERAL
APPROVAL IF NECESSARY, AN OFFICIAL BUSINESS DIRECTIONAL SIGN PROGRAM TO
PROVIDE DIRECTIONAL INFORMATION REGARDING THE PRESENCE OF PUBLICLY
AVAILABLE ZERO-EMISSION VEHICLE CHARGING AND REFUELING STATIONS. SUCH
PROGRAM MAY BE INCORPORATED INTO THE OFFICIAL BUSINESS DIRECTIONAL SIGN
PROGRAM IMPLEMENTED BY THE COMMISSIONER PURSUANT TO SUBDIVISION TWELVE
OF THIS SECTION. THE OFFICIAL BUSINESS ZERO-EMISSION VEHICLE STATION
DIRECTIONAL SIGN PROGRAM GUIDELINES SHALL INCLUDE THE INSTALLATION AND
MAINTENANCE OF SIGNAGE DESIGNATING WHERE PUBLICLY ACCESSIBLE ZERO-EMIS-
SION VEHICLE CHARGING AND REFUELING STATIONS ARE LOCATED WITHIN THREE
MILES OF A ROADWAY EXIT OR OFF-RAMP IN ACCORDANCE WITH THE MANUAL ON
UNIFORM TRAFFIC CONTROL DEVICES.
(B) THE OFFICIAL BUSINESS ZERO-EMISSION VEHICLE STATION DIRECTIONAL
SIGN PROGRAM SHALL BE INTEGRATED WITH, BUT NOT LIMITED BY, INFORMATION
S. 3008--B 221
CENTERS PROVIDED FOR IN SUBDIVISION TEN OF THIS SECTION TO MAXIMIZE THE
INFORMATION MADE AVAILABLE IN THE SPECIFIC INTEREST OF THE TRAVELING
PUBLIC.
(C) THE INSTALLATION OF ZERO-EMISSION VEHICLE CHARGING AND REFUELING
STATION SIGNAGE SHALL ONLY OCCUR DURING THE REGULAR COURSE OF MAINTE-
NANCE FOR EXISTING SIGNAGE. THE COMMISSIONER SHALL SEEK TO SPEED FEDERAL
APPROVAL OF THE OFFICIAL BUSINESS ZERO-EMISSION VEHICLE DIRECTIONAL SIGN
PROGRAM IF SUCH APPROVAL IS NECESSARY.
(D) FOR PURPOSES OF THIS SECTION "ZERO-EMISSION VEHICLE" SHALL MEAN A
MOTOR VEHICLE THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED
POWER ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS
DURING NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN
FUEL CELL OR FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN
EXTERNAL SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT
EMISSION OF ATMOSPHERIC POLLUTANTS.
§ 1-a. The public authorities law is amended by adding a new section
359-b to read as follows:
§ 359-B. PUBLICLY AVAILABLE ZERO-EMISSION VEHICLE CHARGING AND REFUEL-
ING STATION SIGNAGE. 1. UPON BOARD APPROVAL, THE EXECUTIVE DIRECTOR OF
THE AUTHORITY SHALL DEVELOP AND IMPLEMENT, UPON FEDERAL APPROVAL IF
NECESSARY, AN OFFICIAL BUSINESS DIRECTIONAL SIGN PROGRAM TO PROVIDE
DIRECTIONAL INFORMATION REGARDING THE PRESENCE OF PUBLICLY AVAILABLE
ZERO-EMISSION VEHICLE CHARGING AND REFUELING STATIONS. SUCH PROGRAM MAY
BE INCORPORATED INTO RELEVANT BUSINESS DIRECTIONAL SIGN PROGRAMS ALREADY
MAINTAINED BY THE AUTHORITY AS APPROPRIATE. THE OFFICIAL BUSINESS ZERO-
EMISSION VEHICLE STATION DIRECTIONAL SIGN PROGRAM GUIDELINES SHALL
INCLUDE THE INSTALLATION AND MAINTENANCE OF SIGNAGE DESIGNATING WHERE
PUBLICLY ACCESSIBLE ZERO-EMISSION VEHICLE CHARGING AND REFUELING
STATIONS ARE LOCATED WITHIN TEN MILES OF A ROADWAY EXIT OR OFF-RAMP IN
ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
2. THE OFFICIAL BUSINESS ZERO-EMISSION VEHICLE STATION DIRECTIONAL
SIGN PROGRAM MAY BE INTEGRATED WITH, BUT NOT LIMITED BY, TOURIST INFOR-
MATION FACILITIES TO MAXIMIZE THE INFORMATION MADE AVAILABLE IN THE
SPECIFIC INTEREST OF THE TRAVELING PUBLIC.
3. THE INSTALLATION OF ZERO-EMISSION VEHICLE CHARGING AND REFUELING
STATION SIGNAGE SHALL ONLY OCCUR DURING THE REGULAR COURSE OF MAINTE-
NANCE FOR EXISTING SIGNAGE. THE EXECUTIVE DIRECTOR SHALL SEEK TO EXPE-
DITE FEDERAL APPROVAL OF THE OFFICIAL BUSINESS ZERO-EMISSION VEHICLE
DIRECTIONAL SIGN PROGRAM IF SUCH APPROVAL IS NECESSARY.
4. FOR PURPOSES OF THIS SECTION "ZERO-EMISSION VEHICLE" SHALL MEAN A
MOTOR VEHICLE THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED
POWER ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS
DURING NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN
FUEL CELL OR FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN
EXTERNAL SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT
EMISSION OF ATMOSPHERIC POLLUTANTS.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law and apply to signage installed or maintained by the
department of transportation on or after such effective date.
PART FFFF
Section 1. Subparagraph (i) of paragraph (a) of subdivision 4 of
section 502 of the vehicle and traffic law, as amended by chapter 379 of
the laws of 2022, is amended to read as follows:
S. 3008--B 222
(i) Upon submission of an application for a driver's license, the
applicant shall be required to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while intoxicat-
ed, under the overpowering influence of "Road Rage", "Work Zone Safety"
awareness, "Motorcycle Safety" awareness and "Pedestrian and Bicyclist
Safety" awareness as defined by the commissioner, "School Bus Safety"
awareness, the law relating to exercising due care to avoid colliding
with a parked, stopped or standing authorized emergency vehicle or
hazard vehicle pursuant to section eleven hundred forty-four-a of this
chapter, the ability to read and comprehend traffic signs and symbols,
THE RESPONSIBILITIES OF A DRIVER WHEN STOPPED BY A LAW ENFORCEMENT OFFI-
CER and such other matters as the commissioner may prescribe, and to
satisfactorily complete a course prescribed by the commissioner of not
less than four hours and not more than five hours, consisting of class-
room driver training and highway safety instruction or the equivalent
thereof. Such test shall include at least seven written questions
concerning the effects of consumption of alcohol or drugs on the ability
of a person to operate a motor vehicle and the legal and financial
consequences resulting from violations of section eleven hundred nine-
ty-two of this chapter, prohibiting the operation of a motor vehicle
while under the influence of alcohol or drugs. Such test shall include
one or more written questions concerning the devastating effects of
"Road Rage" on the ability of a person to operate a motor vehicle and
the legal and financial consequences resulting from assaulting, threat-
ening or interfering with the lawful conduct of another person legally
using the roadway. Such test shall include one or more questions
concerning the potential dangers to persons and equipment resulting from
the unsafe operation of a motor vehicle in a work zone. Such test may
include one or more questions concerning motorcycle safety. Such test
may include one or more questions concerning the law for exercising due
care to avoid colliding with a parked, stopped or standing vehicle
pursuant to section eleven hundred forty-four-a of this chapter. Such
test may include one or more questions concerning school bus safety.
SUCH TEST SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING THE RESPONSI-
BILITIES OF A DRIVER WHEN STOPPED BY A LAW ENFORCEMENT OFFICER. Such
test may include one or more questions concerning pedestrian and bicy-
clist safety. Such test shall be administered by the commissioner. The
commissioner shall cause the applicant to take a vision test and a test
for color blindness. Upon passage of the vision test, the application
may be accepted and the application fee shall be payable.
§ 2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
traffic law, as amended by chapter 379 of the laws of 2022, is amended
to read as follows:
(b) Upon successful completion of the requirements set forth in para-
graph (a) of this subdivision which shall include an alcohol and drug
education component as described in paragraph (c) of this subdivision, a
"Road Rage" awareness component as described in paragraph (c-1) of this
subdivision, a "Work Zone Safety" awareness component as described in
paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness
component as described in paragraph (c-3) of this subdivision, a "School
Bus Safety" awareness component as described in paragraph (c-4) of this
subdivision, [and] a "Pedestrian and Bicyclist Safety" awareness compo-
nent as described in paragraph (c-5) of this subdivision, AND A TRAFFIC
STOP INSTRUCTION COMPONENT AS DESCRIBED IN PARAGRAPH (C-6) OF THIS
SUBDIVISION, the commissioner shall cause the applicant to take a road
S. 3008--B 223
test in a representative vehicle of a type prescribed by the commission-
er which shall be appropriate to the type of license for which applica-
tion is made, except that the commissioner may waive the road test
requirements for certain classes of applicants. Provided, however, that
the term "representative vehicle" shall not include a three-wheeled
motor vehicle that has two wheels situated in the front and one wheel in
the rear, has a steering mechanism and seating which does not require
the operator to straddle or sit astride, is equipped with safety belts
for all occupants and is manufactured to comply with federal motor vehi-
cle safety standards for motorcycles including, but not limited to, 49
C.F.R. part 571. The commissioner shall have the power to establish a
program to allow persons other than employees of the department to
conduct road tests in representative vehicles when such tests are
required for applicants to obtain a class A, B or C license. If [she]
THE COMMISSIONER chooses to do so, [she] THEY shall set forth [her]
THEIR reasons in writing and conduct a public hearing on the matter.
[She] THE COMMISSIONER shall only establish such a program after holding
the public hearing.
§ 3. Subdivision 4 of section 502 of the vehicle and traffic law is
amended by adding a new paragraph (c-6) to read as follows:
(C-6) TRAFFIC STOP INSTRUCTION COMPONENT. (I) THE COMMISSIONER SHALL
PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF THIS
SUBDIVISION, A MANDATORY COMPONENT IN TRAFFIC STOP INSTRUCTION AS A
PREREQUISITE FOR OBTAINING A LICENSE TO OPERATE A MOTOR VEHICLE. THE
PURPOSE OF THIS COMPONENT IS TO EDUCATE PROSPECTIVE LICENSEES ON THEIR
RESPONSIBILITIES WHEN STOPPED BY A LAW ENFORCEMENT OFFICER.
(II) THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR THE TRAFFIC
STOP INSTRUCTION COMPONENT WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
INSTRUCTION DESCRIBING APPROPRIATE ACTIONS TO BE TAKEN BY DRIVERS DURING
TRAFFIC STOPS AND APPROPRIATE INTERACTIONS WITH LAW ENFORCEMENT OFFICERS
WHO INITIATE TRAFFIC STOPS. THE CURRICULUM SHALL ALSO EXPLAIN A DRIVER'S
RESPONSIBILITIES WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, INCLUDING
MOVING THE VEHICLE ONTO THE SHOULDER OF THE HIGHWAY OR, WHERE THE HIGH-
WAY HAS NO SHOULDER, AN AREA ADJACENT TO THE HIGHWAY WHERE THE VEHICLE
CAN SAFELY BE STOPPED DURING A TRAFFIC STOP; TURNING OFF THE MOTOR VEHI-
CLE'S ENGINE AND RADIO; AVOIDING SUDDEN MOVEMENTS AND KEEPING THE DRIV-
ER'S HANDS IN PLAIN VIEW OF THE OFFICER. THE COMMISSIONER IS AUTHORIZED
TO COLLABORATE WITH THE DIVISION OF STATE POLICE AND NON-PROFIT ORGAN-
IZATIONS FOCUSING ON DEFENDING OR PROMOTING CIVIL LIBERTIES AND ANY
OTHER AGENCIES OR ORGANIZATIONS THEY DEEM NECESSARY IN ESTABLISHING THE
CURRICULUM.
§ 4. Paragraph 1 of subsection (a) of section 2336 of the insurance
law, as amended by section 3 of chapter 4 of the laws of 2021, is
amended to read as follows:
(1) Any schedule of rates or rating plan for motor vehicle liability
and collision insurance submitted to the superintendent shall provide
for an actuarially appropriate reduction in premium charges for any
insured for a three year period after successfully completing a motor
vehicle accident prevention course, known as the national safety coun-
cil's defensive driving course, or any driver improvement course
approved by the department of motor vehicles as being equivalent to the
national safety council's defensive driving course, provided that,
except as provided in article twelve-C of the vehicle and traffic law,
there shall be no reduction in premiums for a self-instruction defensive
driving course or a course that does not provide for actual classroom
instruction for a minimum number of hours as determined by the depart-
S. 3008--B 224
ment of motor vehicles. Such reduction in premium charges shall be
subsequently modified to the extent appropriate, based upon analysis of
loss experience statistics and other relevant factors. All such accident
prevention courses shall be monitored by the department of motor vehi-
cles and shall include components of instruction in "Road Rage" aware-
ness [and] in "Work Zone Safety" awareness, AND IN TRAFFIC STOPS as
defined by the commissioner of motor vehicles. The provisions of this
section shall not apply to attendance at a program pursuant to article
twenty-one of the vehicle and traffic law as a result of any traffic
infraction.
§ 5. Paragraph 1 of subsection (a) of section 2336 of the insurance
law, as amended by section 4 of chapter 4 of the laws of 2021, is
amended to read as follows:
(1) Any schedule of rates or rating plan for motor vehicle liability
and collision insurance submitted to the superintendent shall provide
for an actuarially appropriate reduction in premium charges for any
insured for a three year period after successfully completing a motor
vehicle accident prevention course, known as the national safety coun-
cil's defensive driving course, or any driver improvement course
approved by the department of motor vehicles as being equivalent to the
national safety council's defensive driving course, provided that in
either event there shall be no reduction in premiums for a self-instruc-
tion defensive driving course or a course that does not provide for
actual classroom instruction for a minimum number of hours as determined
by the department of motor vehicles. Such reduction in premium charges
shall be subsequently modified to the extent appropriate, based upon
analysis of loss experience statistics and other relevant factors. All
such accident prevention courses shall be monitored by the department of
motor vehicles and shall include components of instruction in "Road
Rage" awareness [and], in "Work Zone Safety" awareness AND IN TRAFFIC
STOPS as defined by the commissioner of motor vehicles. The provisions
of this section shall not apply to attendance at a program pursuant to
article twenty-one of the vehicle and traffic law as a result of any
traffic infraction.
§ 6. This act shall take effect one year after it shall have become a
law; provided that the amendments to subsection (a) of section 2336 of
the insurance law made by section four of this act shall be subject to
the expiration and reversion of such subsection pursuant to section 5 of
chapter 751 of the laws of 2005, as amended, when upon such date the
provisions of section five of this act shall take effect. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
PART GGGG
Section 1. Short title. This act shall be known and may be cited as
the "just energy transition act".
§ 2. Legislative findings and statement of purpose. The legislature
hereby finds, determines and declares:
(a) New York state, especially New York city, is reliant on fossil
fuels for energy production, making the transition to renewable sources
for the downstate electricity system key to achieving the requirements
of section 4 of the New York state climate leadership and community
protection act, including that seventy percent of the state's electric-
S. 3008--B 225
ity be from renewable energy sources by the year 2030 and that one
hundred percent of the state's electricity be from zero-emission sources
by the year 2040.
(b) New York state is committed to the responsible replacement and
redevelopment of its fossil fueled generation facilities that currently
ensure resource adequacy in the state, especially in locations where the
health benefits to historically disadvantaged communities can be maxi-
mized, and where the cost effective phasing-out of such facilities can
be done while helping to ensure a just transition for the existing work-
force.
(c) A public policy purpose would be served and the interests of the
people of the state would be advanced by directing the New York state
energy research and development authority, in consultation with the
department of public service and the department of environmental conser-
vation, to continue the development of the study commenced in 2022, as
referenced in the climate action council scoping plan of strategies to
facilitate the replacement and redevelopment of New York's oldest and
most-polluting fossil fueled generation facilities and their sites by
2030, while ensuring resource adequacy, with renewable energy systems as
defined in paragraph (b) of subdivision 1 of section 66-p of the public
service law, energy storage systems, and electricity transmission and
distribution systems and equipment.
(d) It is the intent of the legislature in enacting this act to
empower the New York state energy research and development authority,
department of public service, and department of environmental conserva-
tion, to develop a study as described in the climate action council
scoping plan and paragraph (c) of section three of this act in the
manner authorized and directed herein, and for those entities and the
public service commission, and any other agencies or authorities of the
state as may be required, to commence any proceedings or other initi-
atives necessary to carry out the strategies described therein.
§ 3. The New York state energy research and development authority is
authorized and directed to:
(a) develop a study of competitive options to facilitate the phase-
out, replacement and redevelopment of New York state's oldest and most-
polluting fossil fueled generation facilities and their sites by the
year 2030, with renewable generation options that include those
described in the scoping plan issued by the climate action council under
section 75-0103 of the environmental conservation law, renewable energy
systems as defined in paragraph (b) of subdivision 1 of section 66-p of
the public service law, energy storage systems, and electricity trans-
mission and distribution systems and equipment, while ensuring resource
adequacy and other reliability services are maintained, and to do so in
consultation with the department of public service, the department of
environmental conservation, Long Island power authority, and other rele-
vant state agencies and authorities with subject matter expertise, the
federally designated electric bulk system operator, the New York State
Reliability Council, and the owners of such facilities. The study should
prioritize the replacement and redevelopment of such fossil fueled
generation facilities with facilities that will directly assist in
achieving the energy, environmental justice and emissions reductions
requirements of section 66-p of the public service law. The study shall
address the phase-out of at least four gigawatts of fossil fueled gener-
ation statewide capacity in total and prioritize those facilities that
only operate when electricity usage is highest. The study shall include
recommendations of standards and requirements that:
S. 3008--B 226
(i) significantly reduce the state's electricity system reliance on
fossil fuels, taking into account the requirements and timing of the
state's emission reduction programs;
(ii) establish a competitive program to promote private sector invest-
ment in eligible technologies that the public service commission has
determined, after notice and provision for the opportunity to comment,
ensure resource adequacy, while achieving the requirements of section
66-p of the public service law;
(iii) provide significant environmental, health and other benefits to
disadvantaged communities as such communities will be defined under
section 75-0111 of the environmental conservation law; and
(iv) have significant potential for job creation and retention,
economic development, and just transition opportunities benefiting New
Yorkers and the state's workforce, as described in the scoping plan
issued by the climate action council under section 75-0103 of the envi-
ronmental conservation law; and
(v) ensure the availability of assistance under the electric gener-
ation facility cessation mitigation fund established in section 1 of
part BB of chapter 58 of the laws of 2016 to any local government entity
impacted by the replacement and redevelopment of fossil fueled gener-
ation facilities under this section;
(b) provide public notice of the study, and ensure the results of
the study are made easily accessible to members of disadvantaged commu-
nities, as defined in section 75-0101 of the environmental conservation
law, and provide an opportunity for public comment on the study of not
less than 60 days and conduct at least two public hearings on the
study, of which at least one shall be held in disadvantaged communities,
as defined in section 75-0101 of the environmental conservation law with
such public hearings offering video participation and accessibility;
(c) address public comments and update the study, as appropriate,
especially to ensure resource adequacy and reliability services are
maintained; and
(d) deliver the study to the governor, temporary president of the
senate and speaker of the assembly within 180 days of the effective date
of this section.
§ 4. The department of public service, the department of environmental
conservation, and Long Island power authority shall commence proceedings
and stakeholder processes to establish programs and other initiatives
necessary to carry out the strategies, programs, standards, and require-
ments described in the study referred to in section three of this act
within 60 days of delivery of the study to the governor, temporary pres-
ident of the senate and speaker of the assembly.
§ 5. The public service commission shall:
(a) commence a proceeding to implement the strategies, programs, stan-
dards, and requirements described in the study referred to in section
three of this act within 90 days of delivery of the study to the gover-
nor, temporary president of the senate and speaker of the assembly; and
(b) issue an order regarding implementation of the strategies,
programs, standards, and requirements described in the study referred to
in section three of this act no later than July 30, 2026. Such order
shall at a minimum:
(i) direct the New York state energy research and development authori-
ty to implement a competitive award process to facilitate the replace-
ment and redevelopment of at least four gigawatts of fossil fueled
generation facilities statewide while maintaining reliability consistent
with the recommendations of the study pursuant to section three of this
S. 3008--B 227
act, and that as part of such competitive award process, consideration
shall be given to security of offtake with respect to generation and
transmission; and
(ii) direct that with respect to the competitive award process
required, the only eligible electricity generation from hydroelectric
facilities shall be electricity that is generated from non-state-owned
low impact run-of-river facilities located in the state that provide a
year-round electricity capacity resource.
(c)(i) Any projects pursuant to this section, or the study provided
herein, shall be deemed public work and shall be subject to and
performed in accordance with articles 8 and 9 of the labor law. Each
contract for such project shall contain a provision that such project
shall only be undertaken pursuant to a project labor agreement. For
purposes of this section, "project labor agreement" shall mean a pre-
hire collective bargaining agreement between the New York state energy
research and development authority, a third party on behalf of the
authority, or a recipient of support under this section, and a bona fide
building and construction trade labor organization establishing the
labor organization as the collective bargaining representative for all
persons who will perform work on a public work project, and which
provides that only contractors and subcontractors who sign a pre-negoti-
ated agreement with the labor organization can perform project work. All
contractors and subcontractors associated with this work shall be
required to utilize apprenticeship agreements as defined by article 23
of the labor law.
(ii) The New York state energy research and development authority, or
public service commission, where appropriate, shall include requirements
in any procurement or development of a renewable energy generating
project, as defined in this subdivision, that the components and parts
shall be produced or made in whole or substantial part in the United
States, its territories or possessions. The New York state energy
research and development authority's president and chief executive offi-
cer, or their designee may waive the procurement and development
requirements set forth in this paragraph if such official determines
that: the requirements would not be in the public interest; the require-
ments would result in unreasonable costs; obtaining such infrastructure
components and parts in the United States would increase the cost of a
renewable energy generating project by an unreasonable amount; or such
components or parts cannot be produced, made, or assembled in the United
States in sufficient and reasonably available quantities or of satisfac-
tory quality. Such determination shall be made on an annual basis no
later than December thirty-first, after providing notice and an opportu-
nity for public comment, and such determination shall be made publicly
available, in writing, on the New York state energy research and devel-
opment authority's website with a detailed explanation of the findings
leading to such determination. If the New York state energy research and
development authority's president and chief executive officer, or their
designee, has issued determinations for three consecutive years finding
that no such waiver is warranted pursuant to this paragraph, then the
New York state energy research and development authority shall no longer
be required to provide the annual determination required by this para-
graph.
(d)(i) The commissioner of labor, in consultation with labor organiza-
tions, shall develop a comprehensive plan to transition, train, or
retrain employees that are impacted by projects undertaken pursuant to
this act, or the study provided in section three of this act. This plan
S. 3008--B 228
shall include a method of allowing displaced and transitioning workers,
including affected labor organizations, to notify the commissioner of
the loss of employment, their previous title, and previous wage rates
including whether they previously received medical and/or retirement
benefits. The plan shall require employers to notify the commissioner of
workers laid off or discharged due to this act.
(ii) The commissioner of labor shall create a program pursuant to
which, where applicable and feasible, newly created job opportunities
shall be offered to a pool of transitioning workers who have lost their
employment or will be losing their employment in the energy sector
through projects undertaken pursuant to this act, or the study provided
in section three of this act. Such program shall include a method for
the commissioner of labor to communicate names and contact information
for displaced or transitioning workers to public entities that may have
job opportunities for such workers every 90 days.
(e) Notwithstanding any provision of law to the contrary, all rights
or benefits, including terms and conditions of employment, and
protection of civil service and collective bargaining status of all
existing public employees and the work jurisdiction, covered job titles,
and work assignments, set forth in the civil service law and collective
bargaining agreements with labor organizations representing public
employees shall be preserved and protected. Nothing in this section
shall result in the: (i) displacement of any currently employed worker
or loss of position (including partial displacement as such a reduction
in the hours of non-overtime work, wages, or employment benefits) or
result in the impairment of existing collective bargaining agreements;
(ii) transfer of existing duties and functions related to maintenance
and operations currently performed by existing employees of authorized
entities to a contracting entity; or (iii) transfer of future duties and
functions ordinarily performed by employees of authorized entities to a
contracting entity.
§ 6. The Long Island power authority shall establish a program or
programs in its service territory consistent with the recommendation of
the study conducted pursuant to section three of this act, the
provisions of section five of this act, and the objectives of this act.
§ 7. This act shall take effect immediately.
PART HHHH
Section 1. Short title. This act shall be known and may be cited as
the "accountability for development assistance act".
§ 2. The executive law is amended by adding a new section 170-i to
read as follows:
§ 170-I. ACCOUNTABILITY IN ECONOMIC DEVELOPMENT ASSISTANCE PROVIDED BY
THE STATE. 1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "BASE YEARS" MEANS THE FIRST TWO COMPLETE CALENDAR YEARS FOLLOWING
THE EFFECTIVE DATE OF A RECIPIENT RECEIVING DEVELOPMENT ASSISTANCE.
(B) "DATE OF ASSISTANCE" MEANS THE COMMENCEMENT DATE OF THE DEVELOP-
MENT ASSISTANCE AGREEMENT, WHICH DATE TRIGGERS THE PERIOD DURING WHICH
THE RECIPIENT IS OBLIGATED TO CREATE OR RETAIN JOBS AND CONTINUE OPER-
ATIONS AT THE SPECIFIC PROJECT SITE.
(C) "DEVELOPMENT ASSISTANCE" OR "ECONOMIC DEVELOPMENT ASSISTANCE"
MEANS ECONOMIC DEVELOPMENT BENEFITS AS SUCH TERM IS DEFINED IN SECTION
FIFTY-EIGHT OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT, OR
ANY PORTION THEREOF, PROVIDED HOWEVER, THAT FOR THE PURPOSES OF THIS
SECTION SUCH TERM SHALL INCLUDE ANY ECONOMIC DEVELOPMENT BENEFITS
S. 3008--B 229
PROVIDED BY A STATE OR LOCAL AUTHORITY AS SUCH TERMS ARE DEFINED IN
SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
(D) "FULL-TIME, PERMANENT JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE
WORKS FOR THE RECIPIENT AT A RATE OF AT LEAST THIRTY-FIVE HOURS PER
WEEK.
(E) "NEW EMPLOYEE" MEANS A FULL-TIME, PERMANENT EMPLOYEE WHO REPRES-
ENTS A NET INCREASE IN THE NUMBER OF THE RECIPIENT'S EMPLOYEES STATE-
WIDE. "NEW EMPLOYEE" MAY INCLUDE AN EMPLOYEE WHO PREVIOUSLY FILLED A NEW
EMPLOYEE POSITION WITH THE RECIPIENT WHO WAS REHIRED OR CALLED BACK FROM
A LAYOFF THAT OCCURS DURING OR FOLLOWING THE BASE YEARS.
THE TERM "NEW EMPLOYEE" DOES NOT INCLUDE ANY OF THE FOLLOWING:
(1) AN EMPLOYEE OF THE RECIPIENT WHO PERFORMS A JOB THAT WAS PREVIOUS-
LY PERFORMED BY ANOTHER EMPLOYEE IN THIS STATE, IF THAT JOB EXISTED IN
THIS STATE FOR AT LEAST SIX MONTHS BEFORE HIRING THE EMPLOYEE.
(2) A CHILD, GRANDCHILD, PARENT, OR SPOUSE, OTHER THAN A SPOUSE WHO IS
LEGALLY SEPARATED FROM THE INDIVIDUAL, OF ANY INDIVIDUAL WHO HAS A
DIRECT OR INDIRECT OWNERSHIP INTEREST OF AT LEAST FIVE PERCENT IN THE
PROFITS, CAPITAL, OR VALUE OF ANY MEMBER OF THE RECIPIENT.
(F) "PART-TIME JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE WORKS FOR
THE RECIPIENT AT A RATE OF LESS THAN THIRTY-FIVE HOURS PER WEEK.
(G) "RECIPIENT" MEANS ANY ENTITY THAT RECEIVES ECONOMIC DEVELOPMENT
ASSISTANCE.
(H) "RETAINED EMPLOYEE" MEANS ANY EMPLOYEE DEFINED AS HAVING A FULL-
TIME OR FULL-TIME EQUIVALENT JOB PRESERVED AT A SPECIFIC FACILITY OR
SITE, THE CONTINUANCE OF WHICH IS THREATENED BY A SPECIFIC AND DEMON-
STRABLE THREAT, WHICH SHALL BE SPECIFIED IN THE APPLICATION FOR DEVELOP-
MENT ASSISTANCE.
(I) "SPECIFIC PROJECT SITE" MEANS THAT DISTINCT OPERATIONAL UNIT TO
WHICH ANY DEVELOPMENT ASSISTANCE IS APPLIED.
(J) "GRANTING ENTITY" OR "GRANTING BODY" MEANS THE DEPARTMENT OR ANY
OTHER STATE DEPARTMENT OR STATE AGENCY THAT PROVIDES DEVELOPMENT ASSIST-
ANCE.
(K) "TEMPORARY JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE IS HIRED FOR
A SPECIFIC DURATION OF TIME OR SEASON.
(L) "VALUE OF ASSISTANCE" MEANS THE FACE VALUE OF ANY FORM OF DEVELOP-
MENT ASSISTANCE.
2. STANDARDIZED APPLICATIONS FOR STATE ECONOMIC DEVELOPMENT ASSIST-
ANCE. (A) ALL FINAL APPLICATIONS SUBMITTED TO THE DEPARTMENT OR ANY
STATE ENTITY REQUESTING DEVELOPMENT ASSISTANCE SHALL BE REQUIRED TO
CONTAIN, AT A MINIMUM:
(1) AN APPLICATION TRACKING NUMBER THAT IS SPECIFIC TO BOTH THE GRANT-
ING ENTITY AND TO EACH APPLICATION.
(2) THE OFFICE MAILING ADDRESS, OFFICE TELEPHONE NUMBER, AND CHIEF
OFFICER OF THE GRANTING BODY.
(3) THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF THE
CHIEF OFFICER OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR THE SPECIFIC
PROJECT SITE FOR WHICH DEVELOPMENT ASSISTANCE IS REQUESTED.
(4) THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC PROJECT
SITE ON THE DATE THAT THE APPLICATION IS SUBMITTED TO THE GRANTING ENTI-
TY, INCLUDING THE NUMBER OF FULL-TIME, PERMANENT JOBS, THE NUMBER OF
PART-TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS.
(5) THE TYPE OF ECONOMIC DEVELOPMENT ASSISTANCE AND VALUE OF ASSIST-
ANCE BEING REQUESTED.
(6) THE NUMBER OF JOBS TO BE CREATED AND RETAINED OR BOTH CREATED AND
RETAINED BY THE APPLICANT AS A RESULT OF THE DEVELOPMENT ASSISTANCE,
S. 3008--B 230
INCLUDING THE NUMBER OF FULL-TIME, PERMANENT JOBS, THE NUMBER OF PART-
TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS.
(7) A DETAILED LIST OF THE OCCUPATION OR JOB CLASSIFICATIONS AND
NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN FULL-TIME,
PERMANENT JOBS, A SCHEDULE OF ANTICIPATED STARTING DATES OF THE NEW
HIRES AND THE ANTICIPATED AVERAGE WAGE BY OCCUPATION OR JOB CLASSIFICA-
TION AND TOTAL PAYROLL TO BE CREATED AS A RESULT OF THE DEVELOPMENT
ASSISTANCE.
(8) A LIST OF ALL OTHER FORMS OF DEVELOPMENT ASSISTANCE THAT THE
APPLICANT IS REQUESTING FOR THE SPECIFIC PROJECT SITE AND THE NAME OF
EACH GRANTING ENTITY FROM WHICH THAT DEVELOPMENT ASSISTANCE IS BEING
REQUESTED.
(9) A NARRATIVE, IF NECESSARY, DESCRIBING WHY THE DEVELOPMENT ASSIST-
ANCE IS NEEDED AND HOW THE APPLICANT'S USE OF THE DEVELOPMENT ASSISTANCE
MAY REDUCE EMPLOYMENT AT ANY SITE IN NEW YORK.
(10) A CERTIFICATION BY THE CHIEF OFFICER OF THE APPLICANT OR THE
CHIEF OFFICER'S AUTHORIZED DESIGNEE THAT THE INFORMATION CONTAINED IN
THE APPLICATION SUBMITTED TO THE GRANTING BODY CONTAINS NO KNOWING
MISREPRESENTATION OF MATERIAL FACTS UPON WHICH ELIGIBILITY FOR DEVELOP-
MENT ASSISTANCE IS BASED.
(B) EVERY GRANTING BODY EITHER SHALL COMPLETE, OR SHALL REQUIRE THE
APPLICANT TO COMPLETE, AN APPLICATION FORM THAT MEETS THE MINIMUM
REQUIREMENTS AS PRESCRIBED IN THIS SECTION EACH TIME AN APPLICANT
APPLIES FOR DEVELOPMENT ASSISTANCE COVERED BY THIS SECTION.
(C) THE DEPARTMENT SHALL HAVE THE DISCRETION TO MODIFY ANY STANDARD-
IZED APPLICATION FOR STATE DEVELOPMENT ASSISTANCE REQUIRED UNDER PARA-
GRAPH (A) OF THIS SUBDIVISION FOR ANY GRANTS THAT ARE NOT GIVEN AS AN
INCENTIVE TO A RECIPIENT BUSINESS ORGANIZATION.
(D) FOR EACH DEVELOPMENT ASSISTANCE AGREEMENT, THE RECIPIENT SHALL
ANNUALLY SUBMIT TO THE GRANTING ENTITY A PROGRESS REPORT THAT SHALL
INCLUDE ALL UPDATE INFORMATION COMPLETION OF THE CONTRACTUAL OBLIGATIONS
OF THE RECIPIENT AS PROVIDED IN THE DEVELOPMENT ASSISTANCE AGREEMENT.
(E) IF A RECIPIENT OF DEVELOPMENT ASSISTANCE FAILS TO COMPLY WITH
PARAGRAPH (D) OF THIS SUBDIVISION, THE DEPARTMENT SHALL, WITHIN TWENTY
WORKING DAYS AFTER THE REPORTING SUBMITTAL DEADLINES SET FORTH IN SUCH
PARAGRAPH (D), SUSPEND WITHIN THIRTY-THREE WORKING DAYS ANY CURRENT
DEVELOPMENT ASSISTANCE TO SUCH RECIPIENT UNDER ITS CONTROL, AND SHALL BE
PROHIBITED FROM COMPLETING ANY CURRENT OR PROVIDING ANY FUTURE DEVELOP-
MENT ASSISTANCE UNTIL IT RECEIVES PROOF THAT SUCH RECIPIENT HAS COME
INTO COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (D) OF THIS SUBDIVI-
SION.
(F) THE DEPARTMENT SHALL HAVE THE DISCRETION TO MODIFY THE INFORMATION
REQUIRED IN THE PROGRESS REPORT REQUIRED UNDER PARAGRAPH (D) OF THIS
SUBDIVISION CONSISTENT WITH THE DISCLOSURE PURPOSE OF THIS SUBDIVISION
FOR ANY GRANTS THAT ARE NOT GIVEN AS AN INCENTIVE TO A RECIPIENT BUSI-
NESS ORGANIZATION.
(G) THE GRANTING ENTITY, OR A SUCCESSOR AGENCY, SHALL HAVE FULL
AUTHORITY TO VERIFY INFORMATION CONTAINED IN THE RECIPIENT'S APPLICATION
AND PROGRESS REPORT, INCLUDING THE AUTHORITY TO INSPECT THE SPECIFIC
PROJECT SITE AND INSPECT THE RECORDS OF THE RECIPIENT THAT ARE SUBJECT
TO THE DEVELOPMENT ASSISTANCE AGREEMENT.
3. RECAPTURE. (A) ALL DEVELOPMENT ASSISTANCE AGREEMENTS SHALL
CONTAIN, AT A MINIMUM, THE FOLLOWING PROVISIONS:
(1) THE RECIPIENT SHALL:
(I) MAKE THE LEVEL OF CAPITAL INVESTMENT IN THE ECONOMIC DEVELOPMENT
PROJECT SPECIFIED IN THE DEVELOPMENT ASSISTANCE AGREEMENT; AND
S. 3008--B 231
(II) CREATE OR RETAIN, OR BOTH, THE REQUISITE NUMBER OF JOBS, PAYING
NOT LESS THAN SPECIFIED WAGES FOR THE CREATED AND RETAINED JOBS, WITHIN
AND FOR THE DURATION OF THE TIME PERIOD SPECIFIED IN THE DEVELOPMENT
ASSISTANCE PROGRAMS AND THE DEVELOPMENT ASSISTANCE AGREEMENT.
(2) IF THE RECIPIENT FAILS TO CREATE OR RETAIN THE REQUISITE NUMBER OF
JOBS WITHIN AND FOR THE TIME PERIOD SPECIFIED, IN THE DEVELOPMENT
ASSISTANCE PROGRAMS AND THE DEVELOPMENT ASSISTANCE AGREEMENT, THE RECIP-
IENT SHALL BE DEEMED TO NO LONGER QUALIFY FOR THE STATE ECONOMIC ASSIST-
ANCE AND THE RECIPIENT SHALL:
(I) BE REQUIRED TO PAY TO THE STATE THE FULL AMOUNT OF THE STATE TAX
EXEMPTION THAT IT RECEIVED;
(II) WHERE THE RECIPIENT RECEIVES A GRANT OR LOAN, BE REQUIRED TO
REPAY TO THE STATE A PRO RATA AMOUNT OF THE GRANT OR LOAN, AND SUCH
AMOUNT SHALL REFLECT THE PERCENTAGE OF THE DEFICIENCY BETWEEN THE
REQUISITE NUMBER OF JOBS TO BE CREATED OR RETAINED BY THE RECIPIENT AND
THE ACTUAL NUMBER OF SUCH JOBS IN EXISTENCE AS OF THE DATE THE DEPART-
MENT DETERMINES THE RECIPIENT IS IN BREACH OF THE JOB CREATION OR
RETENTION COVENANTS CONTAINED IN THE DEVELOPMENT ASSISTANCE AGREEMENT,
PROVIDED HOWEVER, IF THE RECIPIENT CEASES OPERATIONS AT THE RELEVANT
PROJECT SITE WITHIN FIVE YEARS OF THE DATE OF ASSISTANCE, THE RECIPIENT
SHALL BE REQUIRED TO REPAY THE ENTIRE AMOUNT OF THE GRANT OR TO ACCELER-
ATE REPAYMENT OF THE LOAN BACK TO THE STATE; AND
(III) WHERE THE RECIPIENT RECEIVES A TAX CREDIT, THE DEVELOPMENT
ASSISTANCE AGREEMENT SHALL PROVIDE THAT (A) IF THE NUMBER OF NEW OR
RETAINED EMPLOYEES FALLS BELOW THE REQUISITE NUMBER SET FORTH IN THE
DEVELOPMENT ASSISTANCE AGREEMENT, THE ALLOWANCE OF THE CREDIT SHALL BE
AUTOMATICALLY SUSPENDED UNTIL THE NUMBER OF NEW AND RETAINED EMPLOYEES
EQUALS OR EXCEEDS THE REQUISITE NUMBER IN THE DEVELOPMENT ASSISTANCE
AGREEMENT; (B) IF THE RECIPIENT DISCONTINUES OPERATIONS AT THE SPECIFIC
PROJECT SITE DURING THE FIRST FIVE YEARS OF THE TERM OF THE DEVELOPMENT
ASSISTANCE AGREEMENT, THE RECIPIENT SHALL FORFEIT ALL CREDITS TAKEN BY
THE RECIPIENT DURING SUCH FIVE YEAR PERIOD; AND (C) IN THE EVENT OF A
REVOCATION OR SUSPENSION OF THE CREDIT, THE GRANTING ENTITY SHALL INITI-
ATE PROCEEDINGS AGAINST THE RECIPIENT TO RECOVER WRONGFULLY EXEMPTED
STATE INCOME TAXES AND THE RECIPIENT SHALL PROMPTLY REPAY TO THE GRANT-
ING ENTITY ANY WRONGFULLY EXEMPTED STATE INCOME TAXES. THE FORFEITED
AMOUNT OF CREDITS SHALL BE DEEMED ASSESSED ON THE DATE THE GRANTING
ENTITY INITIATES PROCEEDINGS AGAINST SUCH RECIPIENT AND THE RECIPIENT
SHALL PROMPTLY REPAY TO THE GRANTING ENTITY ANY WRONGFULLY EXEMPTED
STATE INCOME TAXES.
(B) THE RELEVANT GRANTING ENTITY MAY ELECT TO WAIVE ENFORCEMENT OF ANY
CONTRACTUAL PROVISION ARISING OUT OF THE DEVELOPMENT ASSISTANCE AGREE-
MENT REQUIRED BY THIS SECTION BASED ON A FINDING THAT THE WAIVER IS
NECESSARY TO AVERT AN IMMINENT AND DEMONSTRABLE HARDSHIP TO THE RECIPI-
ENT THAT MAY RESULT IN SUCH RECIPIENT'S INSOLVENCY OR DISCHARGE OF WORK-
ERS. IF A WAIVER IS GRANTED, THE RECIPIENT SHALL AGREE TO A CONTRACTUAL
MODIFICATION, INCLUDING RECAPTURE PROVISIONS, TO THE DEVELOPMENT ASSIST-
ANCE AGREEMENT.
4. UNIFIED ECONOMIC DEVELOPMENT REPORT. FOR EACH STATE FISCAL YEAR
ENDING ON OR AFTER JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX, THE DEPART-
MENT OF ECONOMIC DEVELOPMENT SHALL SUBMIT AN ANNUAL UNIFIED ECONOMIC
DEVELOPMENT REPORT TO THE GOVERNOR, SENATE AND ASSEMBLY. THE UNIFIED
ECONOMIC DEVELOPMENT REPORT SHALL BE DUE WITHIN THREE MONTHS AFTER THE
END OF THE FISCAL YEAR, AND SHALL PRESENT ALL TYPES OF DEVELOPMENT
ASSISTANCE GRANTED DURING THE PRIOR FISCAL YEAR, INCLUDING THE AGGREGATE
AMOUNT OF UNCOLLECTED OR DIVERTED STATE TAX REVENUES RESULTING FROM EACH
S. 3008--B 232
TYPE OF DEVELOPMENT ASSISTANCE PROVIDED BY EACH AGENCY PURSUANT TO LAW,
AS REPORTED TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO THIS
SECTION.
5. DEVELOPMENT ASSISTANCE DISCLOSURE TO THE DEPARTMENT OF ECONOMIC
DEVELOPMENT. (A) BEGINNING FEBRUARY FIRST, TWO THOUSAND TWENTY-SEVEN
AND EACH YEAR THEREAFTER, ANY GRANTING ENTITY THAT PROVIDED DEVELOPMENT
ASSISTANCE SHALL SUBMIT TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT COPIES
OF ALL DEVELOPMENT ASSISTANCE AGREEMENTS THAT IT APPROVED IN THE PRIOR
CALENDAR YEAR.
(B) BY JUNE FIRST, TWO THOUSAND TWENTY-EIGHT AND BY JUNE FIRST OF EACH
YEAR THEREAFTER, ANY GRANTING ENTITY WITH AN ACTIVE DEVELOPMENT ASSIST-
ANCE AGREEMENT SHALL SUBMIT TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT
COPIES OF ALL PROGRESS REPORTS COMPILED PURSUANT TO PARAGRAPH (D) OF
SUBDIVISION TWO OF THIS SECTION.
(C) THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL COMPILE AND PUBLISH
ALL PROGRESS REPORTS RECEIVED PURSUANT TO THIS SUBDIVISION.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to contracts and agreements
entered into on or after such effective date. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation 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 Parts A through HHHH of this act shall
be as specifically set forth in the last section of such Parts.