A03008 Summary:

BILL NOA03008
 
SAME ASSAME AS UNI. S03008
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
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; relates to the waterfront commission act; makes amendments to change "applicant" to licensee or registrant (Part A); provides for mass transportation payments to the Central New York Regional Transportation District; adds Cortland county to such district (Part B); relates to extending the authorization for a pre-licensing course internet program (Part C); reduces the time required for certain vehicles to be considered abandoned; increases the value of a motor vehicle considered abandoned which can become property of the local authority the vehicle is abandoned in (Part D); relates to drugged and impaired driving and drug recognition evaluations (Part E); improves safety at certain elementary school intersections (Part F); defines a class three bicycle with electric assist weighing one-hundred pounds or more as a limited use motorcycle (Part G); relates to speed limits for bicycles, bicycles with electric assist, electric scooters and other devices (Part H); extends provisions of law relating to certain tax increment financing provisions (Part I); relates to certain provisions regarding labor disputes involving the Metropolitan Transportation Authority (Part J); relates to the acquisitions or transfers of property for certain transit projects; amends part VVV of chapter 58 of the laws of 2020 to extend the effectiveness of certain provisions of law relating thereto (Part K); relates to funding for net paratransit operating expenses for the city of New York and the metropolitan transportation authority; makes permanent certain provisions of law relating thereto (Part L); provides funding for the metropolitan transportation authority 2025-2029 capital program (Part M); authorizes covered agencies and authorities to use weigh-in-motion technology to automatically enforce vehicle weight limits on their facilities (Part N); adds obstructing traffic at intersection as a bus operation-related traffic regulation (Part O); authorizes and establishes a surcharge for the issuance of permits relating to the obstruction or closure of a street or pedestrian plaza for construction purposes in a city having a population of one million or more; makes related provisions (Part P); authorizes a photo monitoring program for the Triborough bridge and tunnel authority and New York state bridge authority; establishes a work zone speed camera administration fund; makes permanent provisions relating to certain notices of liability (Part Q); expands enhanced assault protection for motor vehicle license examiners, motor vehicle representatives, highway workers, motor carrier investigators, motor carrier inspectors, and triborough bridge and tunnel authority workers (Part R); relates to the effectiveness of the New York state health insurance continuation assistance demonstration project (Part S); authorizes 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); prohibits the provision of an artificial intelligence companion to a user unless such artificial intelligence companion contains a protocol for addressing possible suicidal ideation or self-harm expressed by a user; requires certain notifications to certain users regarding crisis service providers and the non-human nature of such companion models (Part U); relates to refund policies for retail sales (Part V); enhances disclosure requirements for automatic renewals (Part W); requires disclosure of algorithmically set prices for goods and services (Part X); relates to regulation of buy-now-pay-later lenders; requires such lenders to be licensed; establishes prohibited acts, limitations on loans, and consumer protections (Part Y); requires that a pharmacy benefit manager publish on its website the aggregate dollar amount of rebates, fees, price protection payments and any other payments received from drug manufacturers through a rebate contract (Part Z); requires broker-dealers, investment advisors, or qualified individuals who reasonably believe that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, to place such transaction on hold; protects eligible adults from exploitation; defines terms; makes related provisions (Part AA); relates to insuring for hire motor vehicles (Part BB); provides for rate increases for for hire motor vehicle insurance (Part CC); relates to rates for livery insurance; provides that an insurer shall submit to the superintendent of financial services its rates, rating plans, rating rules and rate manuals applicable to motor vehicle insurance; makes related provisions (Part DD); extends the authority of the New York state urban development to administer the empire state economic development fund (Part EE); extends the power of the New York state urban development corporation to make loans (Part FF); extends the authority of the dormitory authority to enter into certain design and construction management agreements (Part GG); enacts the private activity bond allocation act of 2025 (Part HH); relates to the construction and financing of public libraries (Part II); authorizes the dormitory authority to provide additional services to local governments and the department of environmental conservation (Part JJ); extends certain provisions of the state finance law and the New York state infrastructure trust fund (Part KK); increases the cap on the amount of money authorized to be on deposit pursuant to the excelsior linked deposit program at any given time (Part LL); relates to purchasing thresholds for minority- or women-owned businesses or service-disabled veteran-owned businesses (Part MM); authorizes the Battery Park city authority, New York convention center operating corporation, New York state energy research and development authority, New York state Olympic region development authority, and Roosevelt Island operating corporation, individually or in some combination with each other, to establish either a pure or group captive insurance company (Part NN); relates to agricultural and farmland protections, including the use of farmland protection conservation easements and activities which support local and regional food systems (Part OO); extends the waste tire management fee for five years; relates to the exclusion for mail order sales (Part PP); extends provisions of the youth deer hunting program (Part QQ); relates to financial responsibility, recovery of response costs and natural resource damages, and abatement actions relating to disposal of inactive hazardous waste (Part RR); prohibits the sale and manufacturing of firefighting personal protective equipment containing intentionally added PFAS chemicals (Part SS); authorizes the commissioner of environmental conservation to acquire conservation easements without attorney general approval (Subpart A); exempts conveyances of real property for open space, parks, or historic preservation purposes to any not-for-profit corporation operated for conservation, environmental, parks or historic preservation purposes (Subpart B)(Part TT); extends the authority of the department of environmental conservation manage crabs of any kind, including horseshoe crabs (Part UU); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation from an assessment on gas and electric corporations; directs unused funds to be refunded on a pro-rata basis to such gas and electric corporations (Part VV); ensures energy services companies are subject to the same consumer protection regulations regarding unclaimed deposits and refunds currently facing utility companies (Part WW); relates to 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 environmental conservation from utility assessment revenues; and provides for the repeal of such provisions upon expiration there of (Part XX); increases and redirects 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); authorizes 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).
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A03008 Actions:

BILL NOA03008
 
01/22/2025referred to ways and means
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A03008 Committee Votes:

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A03008 Floor Votes:

There are no votes for this bill in this legislative session.
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A03008 Memo:

Memo not available
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A03008 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3008                                                  A. 3008
 
                SENATE - ASSEMBLY
 
                                    January 22, 2025
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when printed to be committed to the Committee on Finance
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee on Ways and Means

        AN ACT to amend the executive law, in relation to the Waterfront Commis-
          sion  Act (Part A); to amend part I of chapter 413 of the laws of 1999
          relating to providing for mass transportation payments in relation  to
          the  amount of   payments in the Central New York Regional Transporta-
          tion District and adding Cortland County to such District (Part B); to
          amend 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,  in relation to extending the effectiveness
          thereof (Part C); to amend the vehicle and traffic law, in relation to
          abandoned vehicles (Part D); to amend the vehicle and traffic law,  in
          relation  to  expanding  the  definition  of  what constitutes drugged
          impaired driving, penalizing refusals to submit to preliminary screen-
          ing tests, authorizing prompt license suspensions for drugged  driving
          arrests  and  expanding  situations  in  which  chemical  tests can be
          compelled (Part E); to amend the vehicle and traffic law, in  relation
          to  improving  safety  at elementary school intersections (Part F); to
          amend the vehicle and traffic law, in relation to bicycles with  elec-
          tric  assist  (Part  G);  to  amend  the  vehicle  and traffic law, in
          relation to maximum speed limits for bicycles, bicycles with  electric
          assist,  electronic  scooters and other devices authorized or required
          to use bicycle lanes (Part H); to amend part PP of chapter 54  of  the
          laws  of  2016,  amending  the  public authorities law and the general
          municipal law relating to the  New  York  transit  authority  and  the
          metropolitan   transportation  authority,  in  relation  to  extending
          provisions  of  law  relating  to  certain  tax  increment   financing
          provisions (Part I); to amend chapter 929 of the laws of 1986 amending
          the tax law and other laws relating to the metropolitan transportation
          authority,  in relation to extending certain provisions thereof appli-
          cable to the resolution of labor  disputes  (Part  J);  to  amend  the
          public  authorities  law,  in relation to acquisitions or transfers of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-01-5

        S. 3008                             2                            A. 3008
 
          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); to amend part UUU of
          chapter 58 of the laws of 2020 amending the state finance law relating
          to providing funding for  the  Metropolitan  Transportation  Authority
          2020-2024  capital  program  and  paratransit  operating  expenses, in
          relation to funding for net  paratransit  operating  expenses  and  in
          relation  to  the  effectiveness  thereof (Part L); to amend the state
          finance law, in relation to providing  funding  for  the  metropolitan
          transportation  authority 2025-2029 capital program (Part M); to amend
          the vehicle and traffic law and the public officers law,  in  relation
          to authorizing covered agencies and authorities to use weigh-in-motion
          technology  to  automatically  enforce  vehicle weight limits on their
          facilities (Part N); to amend the vehicle and traffic law, in relation
          to bus operation-related traffic regulations (Part O);  to  amend  the
          vehicle and traffic law and the administrative code of the city of New
          York, in relation to the authorization of a surcharge for the issuance
          of  permits  relating  to  the  obstruction  or closure of a street or
          pedestrian plaza for construction purposes in a city  having  a  popu-
          lation  of one million or more and to the imposition of such surcharge
          (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; and 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 (Part Q);
          to amend the penal law and the vehicle and traffic law, in relation to
          expanding enhanced assault protection for motor vehicle license  exam-
          iners,  motor  vehicle representatives, highway workers, motor carrier
          investigators, motor carrier inspectors,  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 demon-
          stration 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 busi-
          ness law, in relation  to  artificial  intelligence  companion  models
          (Part  U);  to  amend  the general business law, in relation to refund
          policies (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  (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); to amend the general business law, the banking law, and  the
          social  services  law,  in relation to protecting eligible adults from
          financial exploitation (Part AA);  to  amend  the  insurance  law,  in
          relation to for hire group insurance (Part BB); to amend the insurance
          law,  in relation to for hire motor vehicle insurance rates (Part CC);

        S. 3008                             3                            A. 3008
 
          to amend the insurance law, in relation to rates for livery  insurance
          (Part  DD); to amend the  New  York  state  urban  development  corpo-
          ration  act,  in relation to extending the authority of the  New  York
          state  urban  development  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 authori-
          ty  to  enter  into  certain design and construction management agree-
          ments, in relation to the effectiveness thereof (Part GG); in relation
          to enacting the private activity bond  allocation  act  of  2025;  and
          providing for the repeal of certain provisions upon expiration thereof
          (Part  HH);  to  amend  the public authorities law, in relation to the
          construction and financing of public libraries (Part II); to amend the
          public authorities law,  in  relation  to  authorizing  the  dormitory
          authority  to provide additional services to local governments and the
          department of environmental conservation (Part JJ); to  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); to  amend  the  insurance
          law,  the  public  authorities  law  and  the  tax law, in relation to
          authorizing certain New York state and local authorities to  create  a
          pure  or group captive insurance company (Part NN); to amend the agri-
          culture 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 five years and removing the exclu-
          sion for mail order sales (Part PP); to amend chapter 55 of  the  laws
          of 2021 amending the environmental conservation law relating to estab-
          lishing  a  deer  hunting  pilot  program,  in  relation  to extending
          provisions of the youth deer hunting program (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  prohibiting  the  sale  and manufacturing of firefighting personal
          protective equipment containing intentionally added PFAS (Part SS); to
          amend the environmental conservation law, in relation  to  authorizing
          the commissioner of environmental conservation to acquire conservation
          easements without attorney general approval (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 the management of crabs
          (Part UU); in relation  to  authorizing  the  New  York  state  energy
          research  and  development  authority  to  finance  a  portion  of its
          research, development and demonstration, policy and planning, and Fuel
          NY program, as well as climate change related expenses of the  depart-
          ment of environmental conservation from an assessment on gas and elec-
          tric  corporations  (Part  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

        S. 3008                             4                            A. 3008
 
          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 environmental conserva-
          tion from utility assessment revenues; and providing for the repeal of
          such provisions upon expiration thereof  (Part    XX);  to  amend  the
          general  business  law  and  the  state  finance  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);
          and 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)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act enacts into law major components of legislation
     2  necessary to implement the state  transportation,  economic  development
     3  and  environmental  conservation  budget  for the 2025-2026 state fiscal
     4  year.  Each component is wholly contained within a  Part  identified  as
     5  Parts  A  through  ZZ.  The effective date for each particular provision
     6  contained within such Part is set forth in  the  last  section  of  such
     7  Part.  Any  provision  in any section contained within a Part, including
     8  the effective date of the Part, which makes a reference to a section "of
     9  this act", when used in connection with that particular component, shall
    10  be deemed to mean and refer to the corresponding section of the Part  in
    11  which  it  is  found.  Section  three of this act sets forth the general
    12  effective date of this act.
 
    13                                   PART A

    14    Section 1. Paragraph (a) of subdivision 4  of  section  534-n  of  the
    15  executive law, as added by section 2 of part L of chapter 58 of the laws
    16  of 2024, is amended to read as follows:
    17    (a) The commission may temporarily suspend a permit, license or regis-
    18  tration  pursuant  to  the  provisions of this subdivision until further
    19  order of the commission or final disposition  of  the  underlying  case,
    20  [only]  where  the  permittee,  licensee or registrant has been indicted
    21  for, or otherwise charged with, a crime which is equivalent to a  felony
    22  in  the  state of New York or any crime punishable by death or imprison-
    23  ment for a term exceeding three hundred sixty-four days or [only]  where
    24  the  permittee  or  licensee is a security officer who is charged by the
    25  commission pursuant to this  section  with  misappropriating  any  other
    26  person's property at or on a pier or other waterfront terminal.
    27    §  2.  Subdivisions  6 and 7 of section 534-u of the executive law, as
    28  added by section 2 of part L of chapter 58 of  the  laws  of  2024,  are
    29  amended to read as follows:
    30    6.  Association  with  a  person who has been identified by a federal,
    31  state, or local law enforcement agency as a member or  associate  of  an
    32  organized  crime  group, a terrorist group, or a career offender cartel,
    33  or who is a career offender, under circumstances where such  association
    34  creates  a  reasonable  belief that the participation of the [applicant]

        S. 3008                             5                            A. 3008
 
     1  licensee or registrant in any activity required  to  be  licensed  under
     2  this  act  would  be  inimical to the policies of this article, provided
     3  however that association without the requisite showing of inimicality as
     4  set forth herein shall be insufficient grounds for revocation; or
     5    7. Conviction of a racketeering activity or knowing association with a
     6  person  who  has been convicted of a racketeering activity by a court of
     7  the United States or any state or territory thereof under  circumstances
     8  where  such  association  creates  a  reasonable belief that the partic-
     9  ipation of the  [applicant]  licensee  or  registrant  in  any  activity
    10  required to be licensed under this act would be inimical to the policies
    11  of  this article, provided, however, that association without the requi-
    12  site showing of inimicality as set forth herein  shall  be  insufficient
    13  grounds for revocation.
    14    § 3. This act shall take effect immediately.
 
    15                                   PART B

    16    Section  1.  Section  1  of  part I of chapter 413 of the laws of 1999
    17  relating to providing for mass transportation payments,  as  amended  by
    18  section  1  of  part  E of chapter 58 of the laws of 2024, is amended to
    19  read as follows:
    20    Section 1. Notwithstanding any other law, rule or  regulation  to  the
    21  contrary,  payment  of mass transportation operating assistance pursuant
    22  to section 18-b of the  transportation  law  shall  be  subject  to  the
    23  provisions  contained  herein and the amounts made available therefor by
    24  appropriation.
    25    In establishing service and usage formulas for  distribution  of  mass
    26  transportation  operating assistance, the commissioner of transportation
    27  may combine and/or  take  into  consideration  those  formulas  used  to
    28  distribute  mass transportation operating assistance payments authorized
    29  by separate appropriations in order to facilitate program administration
    30  and to ensure an orderly distribution of such funds.
    31    To improve the predictability  in  the  level  of  funding  for  those
    32  systems  receiving operating assistance payments under service and usage
    33  formulas, the commissioner of  transportation  is  authorized  with  the
    34  approval  of  the  director  of  the budget, to provide service payments
    35  based on service and usage statistics of the preceding year.
    36    In the case of a service payment made, pursuant to section 18-b of the
    37  transportation law, to a regional transportation authority on account of
    38  mass transportation services provided to more than one county (consider-
    39  ing the city of New York to be one county), the respective shares of the
    40  matching payments required to be made by a county to any such  authority
    41  shall be as follows:

    42                                    Percentage
    43                                   of Matching
    44  Local Jurisdiction                 Payment
    45  --------------------------------------------
    46  In  the  Metropolitan Commuter
    47    Transportation District:
    48  New York City ................          6.40
    49  Dutchess .....................          1.30
    50  Nassau .......................         39.60
    51  Orange .......................          0.50
    52  Putnam .......................          1.30
    53  Rockland .....................          0.10

        S. 3008                             6                            A. 3008
 
     1  Suffolk ......................         25.70
     2  Westchester ..................         25.10
     3  In the Capital District Trans-
     4    portation District:
     5  Albany .......................         54.05
     6  Rensselaer ...................         22.45
     7  Saratoga .....................          3.95
     8  Schenectady ..................         15.90
     9  Montgomery ...................          1.44
    10  Warren .......................          2.21
    11  In  the  Central  New York Re-
    12    gional  Transportation  Dis-
    13    trict:
    14  Cayuga .......................          [5.11] 5.05
    15  Onondaga .....................         [75.83] 74.94
    16  Oswego .......................          [2.85] 2.82
    17  Oneida .......................         [16.21] 16.02
    18  Cortland.....................            1.17
    19  In  the  Rochester-Genesee Re-
    20    gional  Transportation  Dis-
    21    trict:
    22  Genesee ......................          1.36
    23  Livingston ...................           .90
    24  Monroe .......................         90.14
    25  Wayne ........................           .98
    26  Wyoming ......................           .51
    27  Seneca .......................           .64
    28  Orleans ......................           .77
    29  Ontario ......................          4.69
    30    In the Niagara Frontier Trans-
    31    portation  District:   Erie .........................            89.20
    32  Niagara ......................         10.80
 
    33    Notwithstanding any other inconsistent provisions of section  18-b  of
    34  the transportation law or any other law, any moneys provided to a public
    35  benefit  corporation constituting a transportation authority or to other
    36  public transportation systems in payment of state  operating  assistance
    37  or  such  lesser amount as the authority or public transportation system
    38  shall make application for, shall be paid by the commissioner of  trans-
    39  portation to such authority or public transportation system in lieu, and
    40  in full satisfaction, of any amounts which the authority would otherwise
    41  be entitled to receive under section 18-b of the transportation law.
    42    Notwithstanding  the  reporting  date provision of section 17-a of the
    43  transportation law, the reports of each regional transportation authori-
    44  ty and other major public transportation systems receiving  mass  trans-
    45  portation  operating  assistance shall be submitted on or before July 15
    46  of each year in the format prescribed by the commissioner of transporta-
    47  tion. Copies of such reports shall also be filed with  the  chairpersons
    48  of  the senate finance committee and the assembly ways and means commit-
    49  tee and the director of the budget. The commissioner  of  transportation
    50  may withhold future state operating assistance payments to public trans-
    51  portation systems or private operators that do not provide such reports.
    52    Payments may be made in quarterly installments as provided in subdivi-
    53  sion 2 of section 18-b of the transportation law or in such other manner
    54  and  at such other times as the commissioner of transportation, with the
    55  approval of the director of the budget, may provide; and  where  payment

        S. 3008                             7                            A. 3008
 
     1  is  not  made in the manner provided by such subdivision 2, the matching
     2  payments required of any city, county, Indian  tribe  or  intercity  bus
     3  company  shall  be made within 30 days of the payment of state operating
     4  assistance  pursuant  to  this  section or on such other basis as may be
     5  agreed upon by the commissioner of transportation, the director  of  the
     6  budget,  and  the  chief  executive officer of such city, county, Indian
     7  tribe or intercity bus company.
     8    The commissioner of transportation shall be required to annually eval-
     9  uate the operating and financial performance of each major public trans-
    10  portation system. Where the commissioner's evaluation process has  iden-
    11  tified  a  problem  related  to system performance, the commissioner may
    12  request the system to develop plans to address the performance deficien-
    13  cies. The commissioner of transportation may withhold future state oper-
    14  ating assistance payments to public transportation  systems  or  private
    15  operators that do not provide such operating, financial, or other infor-
    16  mation  as may be required by the commissioner to conduct the evaluation
    17  process.
    18    Payments shall be made contingent  upon  compliance  with  regulations
    19  deemed  necessary  and appropriate, as prescribed by the commissioner of
    20  transportation and approved by the director of the budget,  which  shall
    21  promote the economy, efficiency, utility, effectiveness, and coordinated
    22  service  delivery  of public transportation systems. The chief executive
    23  officer of each public transportation system receiving a  payment  shall
    24  certify  to  the commissioner of transportation, in addition to informa-
    25  tion required by section 18-b of  the  transportation  law,  such  other
    26  information  as  the  commissioner  of transportation shall determine is
    27  necessary to determine compliance and carry out the purposes herein.
    28    Counties, municipalities or Indian tribes  that  propose  to  allocate
    29  service payments to operators on a basis other than the amount earned by
    30  the  service  payment formula shall be required to describe the proposed
    31  method of distributing governmental operating  aid  and  submit  it  one
    32  month  prior  to  the start of the operator's fiscal year to the commis-
    33  sioner of transportation in writing for review and approval prior to the
    34  distribution of state aid. The commissioner of transportation shall only
    35  approve alternate distribution methods which  are  consistent  with  the
    36  transportation  needs  of  the  people  to be served and ensure that the
    37  system of private operators does not exceed established maximum  service
    38  payment  limits.  Copies  of  such  approvals  shall be submitted to the
    39  chairpersons of the senate finance and assembly ways and  means  commit-
    40  tees.
    41    Notwithstanding the provisions of subdivision 4 of section 18-b of the
    42  transportation  law, the commissioner of transportation is authorized to
    43  continue to use prior quarter statistics to  determine  current  quarter
    44  payment  amounts,  as initiated in the April to June quarter of 1981. In
    45  the event that actual revenue passengers  and  actual  total  number  of
    46  vehicle, nautical or car miles are not available for the preceding quar-
    47  ter,  estimated  statistics  may  be  used  as the basis of payment upon
    48  approval by the commissioner  of  transportation.  In  such  event,  the
    49  succeeding  payment  shall be adjusted to reflect the difference between
    50  the actual and estimated total number of revenue passengers and vehicle,
    51  nautical or car miles used as the basis of the  estimated  payment.  The
    52  chief executive officer may apply for less aid than the system is eligi-
    53  ble  to receive. Each quarterly payment shall be attributable to operat-
    54  ing expenses incurred during the quarter in which it is received, unless
    55  otherwise specified by such commissioner.  In the event  that  a  public
    56  transportation  system  ceases  to participate in the program, operating

        S. 3008                             8                            A. 3008
 
     1  assistance due for the final quarter that service is provided  shall  be
     2  based  upon the actual total number of revenue passengers and the actual
     3  total number of vehicle, nautical or car miles carried during that quar-
     4  ter.
     5    Payments  shall  be  contingent  on compliance with audit requirements
     6  determined by the commissioner of transportation.
     7    In the event that an  audit  of  a  public  transportation  system  or
     8  private  operator receiving funds discloses the existence of an overpay-
     9  ment of state operating assistance, regardless of whether such an  over-
    10  payment  results  from  an  audit  of  revenue passengers and the actual
    11  number of revenue vehicle miles statistics, or an audit of private oper-
    12  ators in cases where more than a reasonable return based  on  equity  or
    13  operating revenues and expenses has resulted, the commissioner of trans-
    14  portation,  in  addition  to  recovering  the  amount of state operating
    15  assistance overpaid, shall also recover  interest,  as  defined  by  the
    16  department of taxation and finance, on the amount of the overpayment.
    17    Notwithstanding  any  other  law,  rule or regulation to the contrary,
    18  whenever the commissioner of transportation is  notified  by  the  comp-
    19  troller  that  the  amount  of  revenues  available  for payment from an
    20  account is less than the total amount of money for which the public mass
    21  transportation systems  are  eligible  pursuant  to  the  provisions  of
    22  section 88-a of the state finance law and any appropriations enacted for
    23  these  purposes,  the  commissioner  of transportation shall establish a
    24  maximum payment limit which is proportionally lower than the amounts set
    25  forth in appropriations.
    26    Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
    27  of the state finance law and any other general or special law,  payments
    28  may  be  made  in  quarterly installments or in such other manner and at
    29  such other  times  as  the  commissioner  of  transportation,  with  the
    30  approval of the director of the budget may prescribe.
    31    §  2.  This  act  shall take effect immediately and shall be deemed to
    32  have been in full force and effect on and after April 1, 2025.
 
    33                                   PART C
 
    34    Section 1. Section 6 of chapter 368 of the laws of 2019  amending  the
    35  vehicle and traffic law and state finance law relating to establishing a
    36  pre-licensing course internet program, is amended to read as follows:
    37    §  6. This act shall take effect June 30, 2020 and shall expire and be
    38  deemed repealed June 30, [2025] 2030; provided, however, that the amend-
    39  ments to paragraph (a) of subdivision 3 of section  89-b  of  the  state
    40  finance  law  made  by  section four of this act shall be subject to the
    41  expiration and reversion of such subdivision pursuant to section  13  of
    42  part  U1  of  chapter 62 of the laws of 2003, as amended, when upon such
    43  date the provisions of section five  of  this  act  shall  take  effect.
    44  Effective immediately, the addition, amendment and/or repeal of any rule
    45  or regulation necessary for the implementation of this act on its effec-
    46  tive  date  are  authorized  to  be made and completed on or before such
    47  effective date.
    48    § 2. This act shall take effect immediately.
 
    49                                   PART D
 
    50    Section 1. Paragraph (a) of subdivision 1 of section 1224 of the vehi-
    51  cle and traffic law, as amended by chapter 795 of the laws of  1974,  is
    52  amended to read as follows:

        S. 3008                             9                            A. 3008
 
     1    (a)  with  no number plates affixed thereto, for more than [six] three
     2  hours on any highway or other public place;
     3    §  2. Subdivision 2 of section 1224 of the vehicle and traffic law, as
     4  amended by chapter 540 of the laws  of  2002,  is  amended  to  read  as
     5  follows:
     6    2.  If an abandoned vehicle, at the time of abandonment, has no number
     7  plates affixed and is of a wholesale value,  taking  into  consideration
     8  the  condition of the vehicle, of [one thousand two hundred fifty] three
     9  thousand five hundred dollars or less, ownership shall immediately  vest
    10  in  the  local  authority  having  jurisdiction thereof and title to the
    11  vehicle shall vest in accordance with applicable law and regulations  of
    12  the  commissioner,  provided however that a local authority shall not be
    13  required to obtain title to an abandoned vehicle that is subject to  the
    14  provisions  of this subdivision if the vehicle will be sold or otherwise
    15  disposed of as junk or salvage, dismantled for use other than as a motor
    16  vehicle, or otherwise destroyed.
    17    § 3. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law.
 
    19                                   PART E
 
    20    Section 1. Section 114-a of the vehicle and traffic law, as amended by
    21  chapter 92 of the laws of 2021, is amended to read as follows:
    22    § 114-a. Drug. The term "drug" when used in this  chapter,  means  and
    23  includes any substance listed in section thirty-three hundred six of the
    24  public  health  law and cannabis and concentrated cannabis as defined in
    25  section 222.00 of the penal law and  any  substance  or  combination  of
    26  substances that impair physical or mental abilities to any extent.
    27    § 2. The vehicle and traffic law is amended by adding two new sections
    28  119-a-1 and 119-b-1 to read as follows:
    29    §  119-a-1. Impaired. Impairment is reached when a driver has consumed
    30  or ingested a substance or combination of substances to the extent  that
    31  the driver has impaired, to any extent, the physical and/or mental abil-
    32  ities  which a driver is expected to possess in order to operate a vehi-
    33  cle as a reasonable and prudent person.
    34    § 119-b-1. Intoxication. Intoxication is a greater degree  of  impair-
    35  ment which is reached when a driver has consumed or ingested a substance
    36  or combination of substances to the extent that the driver is incapable,
    37  to  a substantial extent, of employing the physical and/or mental abili-
    38  ties which a driver is expected to possess in order to operate a vehicle
    39  as a reasonable and prudent person.
    40    § 3. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and  traf-
    41  fic  law,  as  added by chapter 47 of the laws of 1988, paragraph (a) of
    42  subdivision 2 as amended by chapter 196 of the laws of 1996,  paragraphs
    43  (b)  and  (c)  of subdivision 2 as amended by chapter 489 of the laws of
    44  2017, clause (A) of subparagraph 1, subparagraphs 2 and 3  of  paragraph
    45  (b), subparagraphs 1, 2 and 3 of  paragraph  (c)  of  subdivision  2  as
    46  amended    by   chapter 27 of the laws of 2018, subparagraphs 1 and 2 of
    47  paragraph (d) of subdivision 2 as amended by chapter 732 of the laws  of
    48  2006,  and  item (iii) of clause c of subparagraph 1 of paragraph (d) of
    49  subdivision 2 as amended by section 37 of part LL of chapter 56  of  the
    50  laws of 2010, are amended to read as follows:
    51    1.  Arrest  and  field  testing.  (a)  Arrest.    Notwithstanding  the
    52  provisions of section 140.10 of the criminal  procedure  law,  a  police
    53  officer  may, without a warrant, arrest a person, in case of a violation
    54  of subdivision one of section eleven hundred ninety-two of this article,

        S. 3008                            10                            A. 3008
 
     1  if such violation is coupled with an accident or collision in which such
     2  person is involved, which in fact has been committed, though not in  the
     3  police  officer's  presence,  when  the  officer has reasonable cause to
     4  believe that the violation was committed by such person.
     5    (b)  Field  testing.  Every person operating a motor vehicle which has
     6  been involved in an accident or which is operated in violation of any of
     7  the provisions of this chapter shall, at the request of a  police  offi-
     8  cer,  submit  to a breath test and oral/bodily fluid test to be adminis-
     9  tered by the police officer. If such test indicates that  such  operator
    10  has  consumed alcohol or a drug or drugs, the police officer may request
    11  such operator to submit to a chemical test and an  evaluation  conducted
    12  by  a drug recognition expert in the manner set forth in subdivision two
    13  of this section.
    14    (c) Refusal to submit to a  breath  test  or  oral/bodily  fluid  test
    15  pursuant to paragraph (b) of this subdivision shall be a traffic infrac-
    16  tion,  subject  to  penalties  as defined in section eighteen hundred of
    17  this chapter.
    18    2. Chemical tests and drug recognition evaluations.  (a) When  author-
    19  ized.  Any  person  who  operates a motor vehicle in this state shall be
    20  deemed to have given consent to an evaluation conducted by a drug recog-
    21  nition expert, and a chemical test of one  or  more  of  the  following:
    22  breath,  blood, urine, or [saliva] oral/bodily fluid, for the purpose of
    23  determining the alcoholic and/or drug content [of the blood] within such
    24  person's body, provided that such test is  administered  by  or  at  the
    25  direction of a police officer with respect to a chemical test of breath,
    26  urine  or [saliva] oral/bodily fluid or, with respect to a chemical test
    27  of blood, at the direction of a police officer:
    28    (1) having reasonable grounds to believe  such  person  to  have  been
    29  operating  in  violation  of  any  subdivision of section eleven hundred
    30  ninety-two of this article and within two hours after  such  person  has
    31  been  placed  under  arrest for any such violation; or having reasonable
    32  grounds to believe such person to have been operating  in  violation  of
    33  section eleven hundred ninety-two-a of this article and within two hours
    34  after the stop of such person for any such violation,
    35    (2)  within  two hours after a breath test, or oral/bodily fluid test,
    36  as provided in paragraph (b) of subdivision one of this  section,  indi-
    37  cates  that  alcohol  and/or  a  drug or drugs has been consumed by such
    38  person and in accordance with the rules and regulations  established  by
    39  the police force of which the officer is a member;
    40    (3)  for  the  purposes  of  this  paragraph,  "reasonable grounds" to
    41  believe that a person has been operating a motor  vehicle  after  having
    42  consumed  alcohol in violation of section eleven hundred ninety-two-a of
    43  this article shall be determined by  viewing  the  totality  of  circum-
    44  stances  surrounding  the  incident which, when taken together, indicate
    45  that the operator was driving in violation  of  such  subdivision.  Such
    46  circumstances  may include any visible or behavioral indication of alco-
    47  hol consumption by the operator, the  existence  of  an  open  container
    48  containing  or  having  contained an alcoholic beverage in or around the
    49  vehicle driven by the operator, or any other  evidence  surrounding  the
    50  circumstances of the incident which indicates that the operator has been
    51  operating  a  motor vehicle after having consumed alcohol at the time of
    52  the incident; or
    53    (4) notwithstanding any other provision of law  to  the  contrary,  no
    54  person  under  the  age  of  twenty-one shall be arrested for an alleged
    55  violation of  section  eleven  hundred  ninety-two-a  of  this  article.
    56  However,  a  person under the age of twenty-one for whom a chemical test

        S. 3008                            11                            A. 3008
 
     1  or an evaluation conducted by a drug recognition  expert  is  authorized
     2  pursuant  to  this  paragraph  may be temporarily detained by the police
     3  solely for the purpose of requesting or administering such chemical test
     4  or  an evaluation conducted by a drug recognition expert whenever arrest
     5  without a warrant for a petty offense would be authorized in  accordance
     6  with  the  provisions of section 140.10 of the criminal procedure law or
     7  paragraph (a) of subdivision one of this section.
     8    (b) Report of refusal. (1) If: (A)  such  person  having  been  placed
     9  under  arrest; or (B) after a breath or oral/bodily fluid test indicates
    10  the presence of alcohol and/or a drug or drugs in the  person's  system;
    11  or  (C)  with  regard to a person under the age of twenty-one, there are
    12  reasonable grounds to believe that such  person  has  been  operating  a
    13  motor  vehicle  after  having  consumed  alcohol in violation of section
    14  eleven hundred ninety-two-a of this article; and having thereafter  been
    15  requested  to submit to such chemical test or an evaluation conducted by
    16  a drug recognition expert and having been  informed  that  the  person's
    17  license  or  permit  to  drive  and any non-resident operating privilege
    18  shall be immediately suspended and subsequently revoked, or, for  opera-
    19  tors  under  the age of twenty-one for whom there are reasonable grounds
    20  to believe that such operator has been operating a motor  vehicle  after
    21  having  consumed  alcohol in violation of section eleven hundred ninety-
    22  two-a of this article, shall be revoked for refusal to  submit  to  such
    23  chemical  test  or  any portion thereof, or an evaluation conducted by a
    24  drug recognition expert or any portion thereof whether or not the person
    25  is found guilty of the charge for  which  such  person  is  arrested  or
    26  detained,  refuses to submit to such chemical test or any portion there-
    27  of, [unless a court order has been granted pursuant to subdivision three
    28  of this section,] or an  evaluation  conducted  by  a  drug  recognition
    29  expert or any portion thereof, the test shall not be given and a written
    30  report  of  such refusal shall be immediately made by the police officer
    31  before whom such refusal was made. Such report may be verified by having
    32  the report sworn to, or by affixing to such report a  form  notice  that
    33  false  statements  made  therein are punishable as a class A misdemeanor
    34  pursuant to section 210.45 of the penal law and such form notice togeth-
    35  er with the subscription of the deponent shall constitute a verification
    36  of the report.
    37    (2) The report of  the  police  officer  shall  set  forth  reasonable
    38  grounds  to  believe  such arrested person or such detained person under
    39  the age of twenty-one had been driving in violation of  any  subdivision
    40  of  section  eleven hundred ninety-two or eleven hundred ninety-two-a of
    41  this article, that said person had refused to submit  to  such  chemical
    42  test,  [and  that  no  chemical  test  was  administered pursuant to the
    43  requirements of subdivision three of this section]  or  an    evaluation
    44  conducted  by  a  drug  recognition  expert, or any portion thereof. The
    45  report shall be presented to the court upon arraignment of  an  arrested
    46  person,  provided,  however,  in  the  case of a person under the age of
    47  twenty-one, for whom a test was authorized pursuant to the provisions of
    48  subparagraph two or three of paragraph (a) of this subdivision, and  who
    49  has  not  been  placed  under  arrest  for  a  violation  of  any of the
    50  provisions of section eleven hundred ninety-two of  this  article,  such
    51  report  shall  be forwarded to the commissioner within forty-eight hours
    52  in a manner to be prescribed by the  commissioner,  and  all  subsequent
    53  proceedings with regard to refusal to submit to such chemical test or an
    54  evaluation  conducted  by a drug recognition expert by such person shall
    55  be as set forth in subdivision three of section eleven  hundred  ninety-
    56  four-a of this article.

        S. 3008                            12                            A. 3008
 
     1    (3) For persons placed under arrest for a violation of any subdivision
     2  of  section  eleven  hundred  ninety-two of this article, the license or
     3  permit to drive and any non-resident operating privilege shall, upon the
     4  basis of such written report, be  temporarily  suspended  by  the  court
     5  without  notice  pending  the  determination of a hearing as provided in
     6  paragraph (c) of this subdivision. Copies of such report must be  trans-
     7  mitted  by the court to the commissioner and such transmittal may not be
     8  waived even with the consent of all the parties. Such  report  shall  be
     9  forwarded  to the commissioner within forty-eight hours of such arraign-
    10  ment.
    11    (4) The court or the police officer, in the case of a person under the
    12  age of twenty-one alleged to be driving after having  consumed  alcohol,
    13  shall  provide such person with a scheduled hearing date, a waiver form,
    14  and such other information as may be required by the commissioner. If  a
    15  hearing, as provided for in paragraph (c) of this subdivision, or subdi-
    16  vision three of section eleven hundred ninety-four-a of this article, is
    17  waived  by  such  person,  the commissioner shall immediately revoke the
    18  license, permit, or non-resident operating privilege, as of the date  of
    19  receipt  of  such  waiver in accordance with the provisions of paragraph
    20  (d) of this subdivision.
    21    (c) Hearings. Any person whose license or permit to drive or any  non-
    22  resident  driving privilege has been suspended pursuant to paragraph (b)
    23  of this subdivision is entitled to a hearing in accordance with a  hear-
    24  ing  schedule  to  be promulgated by the commissioner. If the department
    25  fails to provide for such hearing fifteen days after  the  date  of  the
    26  arraignment  of  the  arrested  person,  the license, permit to drive or
    27  non-resident operating privilege of  such  person  shall  be  reinstated
    28  pending a hearing pursuant to this section. The hearing shall be limited
    29  to  the  following  issues:  (1)  did the police officer have reasonable
    30  grounds to believe that such person had been driving in violation of any
    31  subdivision of section eleven hundred ninety-two of  this  article;  (2)
    32  did the police officer make a lawful arrest of such person; (3) was such
    33  person given sufficient warning, in clear or unequivocal language, prior
    34  to such refusal that such refusal to submit to such chemical test or any
    35  portion thereof, or an evaluation conducted by a drug recognition expert
    36  or  any  portion  thereof,  would result in the immediate suspension and
    37  subsequent revocation of such person's license  or  operating  privilege
    38  whether  or  not such person is found guilty of the charge for which the
    39  arrest was made; and (4) did such person refuse to submit to such chemi-
    40  cal test or any portion thereof, or an evaluation conducted  by  a  drug
    41  recognition  expert or any portion thereof.  If, after such hearing, the
    42  hearing officer, acting on behalf of the commissioner, finds on any  one
    43  of  said  issues  in the negative, the hearing officer shall immediately
    44  terminate any suspension arising from such refusal. If, after such hear-
    45  ing, the hearing officer, acting on behalf of the commissioner finds all
    46  of the issues in the affirmative, such officer shall immediately  revoke
    47  the  license  or permit to drive or any non-resident operating privilege
    48  in accordance with the provisions of paragraph (d) of this  subdivision.
    49  A  person who has had a license or permit to drive or non-resident oper-
    50  ating privilege suspended or revoked pursuant to  this  subdivision  may
    51  appeal  the  findings  of  the  hearing  officer  in accordance with the
    52  provisions of article three-A of this chapter. Any person may waive  the
    53  right  to a hearing under this section. Failure by such person to appear
    54  for the scheduled hearing shall constitute a  waiver  of  such  hearing,
    55  provided,  however, that such person may petition the commissioner for a
    56  new hearing which shall be held as soon as practicable.

        S. 3008                            13                            A. 3008
 
     1    (d) Sanctions. (1) Revocations. a. Any license which has been  revoked
     2  pursuant  to paragraph (c) of this subdivision shall not be restored for
     3  at least one year after such revocation, nor thereafter, except  in  the
     4  discretion  of  the  commissioner.  However,  no  such  license shall be
     5  restored  for at least eighteen months after such revocation, nor there-
     6  after except in the discretion of the commissioner, in  any  case  where
     7  the  person  has had a prior revocation resulting from refusal to submit
     8  to a chemical test or an evaluation conducted by a certified drug recog-
     9  nition expert or any portion thereof, or has been convicted of or  found
    10  to  be in violation of any subdivision of section eleven hundred ninety-
    11  two or section eleven hundred ninety-two-a of this article  not  arising
    12  out  of  the  same incident, within the five years immediately preceding
    13  the date of such revocation; provided, however, a prior finding  that  a
    14  person  under  the age of twenty-one has refused to submit to a chemical
    15  test or an evaluation conducted by a certified drug  recognition  expert
    16  or  any  portion thereof pursuant to subdivision three of section eleven
    17  hundred ninety-four-a of this article shall have the same  effect  as  a
    18  prior  finding  of a refusal pursuant to this subdivision solely for the
    19  purpose of determining the length of any license suspension  or  revoca-
    20  tion  required  to  be  imposed  under  any  provision  of this article,
    21  provided that the subsequent offense or refusal is committed or occurred
    22  prior to the expiration of the retention period for such  prior  refusal
    23  as  set forth in paragraph (k) of subdivision one of section two hundred
    24  one of this chapter.
    25    b. Any license which has been revoked pursuant  to  paragraph  (c)  of
    26  this  subdivision  or  pursuant  to  subdivision three of section eleven
    27  hundred ninety-four-a of this article, where the holder  was  under  the
    28  age  of  twenty-one  years  at  the  time  of such refusal, shall not be
    29  restored for at least one year, nor thereafter, except in the discretion
    30  of the commissioner. Where such person under the age of twenty-one years
    31  has a  prior  finding,  conviction  or  youthful  offender  adjudication
    32  resulting  from  a  violation  of  section  eleven hundred ninety-two or
    33  section eleven hundred ninety-two-a of this article,  not  arising  from
    34  the  same  incident, such license shall not be restored for at least one
    35  year or until such person reaches the age of twenty-one years, whichever
    36  is the greater period of time, nor thereafter, except in the  discretion
    37  of the commissioner.
    38    c.  Any commercial driver's license which has been revoked pursuant to
    39  paragraph (c) of this subdivision based upon a  finding  of  refusal  to
    40  submit to a chemical test or an evaluation conducted by a certified drug
    41  recognition  expert  or  any  portion thereof, where such finding occurs
    42  within or outside of this state, shall not  be  restored  for  at  least
    43  eighteen  months  after  such  revocation, nor thereafter, except in the
    44  discretion of the commissioner, but shall not be restored for  at  least
    45  three  years  after  such  revocation,  nor  thereafter,  except  in the
    46  discretion of the commissioner, if the holder of such license was  oper-
    47  ating a commercial motor vehicle transporting hazardous materials at the
    48  time of such refusal. However, such person shall be permanently disqual-
    49  ified  from  operating  a commercial motor vehicle in any case where the
    50  holder has a prior finding of refusal to submit to a chemical test or an
    51  evaluation thereof conducted by a certified drug recognition  expert  or
    52  any  portion  thereof pursuant to this section or has a prior conviction
    53  of any of the  following  offenses:  any  violation  of  section  eleven
    54  hundred  ninety-two of this article; any violation of subdivision one or
    55  two of section six hundred of this chapter; or has a prior conviction of
    56  any felony involving the use of a motor vehicle  pursuant  to  paragraph

        S. 3008                            14                            A. 3008
 
     1  (a)  of  subdivision  one of section five hundred ten-a of this chapter.
     2  Provided that the commissioner may waive such permanent revocation after
     3  a period of ten years has expired from such revocation provided:
     4    (i) that during such ten year period such person has not been found to
     5  have  refused  a chemical test or an evaluation conducted by a certified
     6  drug recognition expert or any portion thereof pursuant to this  section
     7  and  has  not  been  convicted of any one of the following offenses: any
     8  violation of section eleven hundred ninety-two of this article;  refusal
     9  to  submit  to a chemical test or an evaluation conducted by a certified
    10  drug recognition expert or any portion thereof pursuant to this section;
    11  any violation of subdivision one or two of section six hundred  of  this
    12  chapter;  or has a prior conviction of any felony involving the use of a
    13  motor vehicle pursuant to paragraph (a) of subdivision  one  of  section
    14  five hundred ten-a of this chapter;
    15    (ii) that such person provides acceptable documentation to the commis-
    16  sioner  that  such person is not in need of alcohol or drug treatment or
    17  has satisfactorily completed a prescribed course of such treatment; and
    18    (iii) after such documentation is accepted, that such person is grant-
    19  ed a certificate of relief from disabilities or a  certificate  of  good
    20  conduct  pursuant  to  article twenty-three of the correction law by the
    21  court in which such person was last penalized.
    22    d. Upon a third finding of refusal and/or conviction  of  any  of  the
    23  offenses  which  require a permanent commercial driver's license revoca-
    24  tion, such permanent revocation may not be waived  by  the  commissioner
    25  under any circumstances.
    26    (2)  Civil  penalties.  Except as otherwise provided, any person whose
    27  license, permit to drive, or any  non-resident  operating  privilege  is
    28  revoked  pursuant to the provisions of this section shall also be liable
    29  for a civil penalty in the amount of five hundred dollars except that if
    30  such revocation is a second or subsequent revocation  pursuant  to  this
    31  section  issued  within  a  five  year  period,  or such person has been
    32  convicted of a violation of any subdivision of  section  eleven  hundred
    33  ninety-two of this article within the past five years not arising out of
    34  the  same  incident,  the  civil penalty shall be in the amount of seven
    35  hundred fifty dollars. Any person whose license is revoked  pursuant  to
    36  the provisions of this section based upon a finding of refusal to submit
    37  to a chemical test or an evaluation conducted by a certified drug recog-
    38  nition  expert or any portion thereof while operating a commercial motor
    39  vehicle shall also be liable for a civil penalty of five  hundred  fifty
    40  dollars  except  that  if  such person has previously been found to have
    41  refused a chemical test or an evaluation conducted by a  certified  drug
    42  recognition expert or any portion thereof pursuant to this section while
    43  operating a commercial motor vehicle or has a prior conviction of any of
    44  the  following  offenses while operating a commercial motor vehicle: any
    45  violation of section eleven hundred  ninety-two  of  this  article;  any
    46  violation  of subdivision two of section six hundred of this chapter; or
    47  has a prior conviction of any felony involving the use of  a  commercial
    48  motor  vehicle  pursuant  to paragraph (a) of subdivision one of section
    49  five hundred ten-a of this chapter, then  the  civil  penalty  shall  be
    50  seven  hundred fifty dollars. No new driver's license or permit shall be
    51  issued, or non-resident operating  privilege  restored  to  such  person
    52  unless  such  penalty  has  been  paid.  All  penalties collected by the
    53  department pursuant to the provisions of this section shall be the prop-
    54  erty of the state and shall be paid into the general fund of  the  state
    55  treasury.

        S. 3008                            15                            A. 3008
 
     1    (3)  Effect of rehabilitation program. No period of revocation arising
     2  out of this section may be set aside by the commissioner for the  reason
     3  that  such  person  was  a participant in the alcohol and drug rehabili-
     4  tation program set forth in section eleven hundred  ninety-six  of  this
     5  article.
     6    (e)  Regulations.  The  commissioner  shall  promulgate such rules and
     7  regulations as may be necessary to effectuate the provisions of subdivi-
     8  sions one and two of this section.
     9    (f) Evidence. Evidence of a refusal to submit to such chemical test or
    10  any portion thereof or an  evaluation  conducted  by  a  certified  drug
    11  recognition  expert  or  any  portion thereof shall be admissible in any
    12  trial, proceeding or hearing based upon a violation of the provisions of
    13  section eleven hundred ninety-two of this article but only upon a  show-
    14  ing  that the person was given sufficient warning, in clear and unequiv-
    15  ocal language, of the  effect  of  such  refusal  and  that  the  person
    16  persisted  in  the  refusal.  Evidence  of a refusal shall be admissible
    17  pursuant to this section regardless of the time of the refusal.
    18    (g) Results. Upon the request  of  the  person  who  was  tested,  the
    19  results of such test shall be made available to such person.
    20    3.  Compulsory  chemical  tests.  (a)  Court  ordered  chemical tests.
    21  Notwithstanding the provisions of subdivision two of  this  section,  no
    22  person  who  operates a motor vehicle in this state may refuse to submit
    23  to a chemical test of one or more of the following: breath, blood, urine
    24  or [saliva] oral/bodily fluids, for the purpose of determining the alco-
    25  holic and/or drug content of the blood  or  oral/bodily  fluids  when  a
    26  court  order  for  such chemical test has been issued in accordance with
    27  the provisions of this subdivision.
    28    (b) When authorized. Upon refusal by any person to submit to a  chemi-
    29  cal  test  or any portion thereof as described above, the test shall not
    30  be given unless a police officer or a district attorney, as  defined  in
    31  subdivision  thirty-two  of  section 1.20 of the criminal procedure law,
    32  requests and obtains a court order to compel a person  to  submit  to  a
    33  chemical test to determine the alcoholic or drug content of the person's
    34  blood  or  oral/bodily  fluids  upon  a  finding  of reasonable cause to
    35  believe that:
    36    (1) such person was the operator of a motor vehicle and in the  course
    37  of  such  operation  [a  person  other  than  the operator was killed or
    38  suffered serious physical injury as defined  in  section  10.00  of  the
    39  penal law] the motor vehicle was involved in a crash; or personal injury
    40  has  been  caused  to  another  person, due to an incident involving the
    41  motor vehicle operated by such person; or such  person  has  a  previous
    42  conviction  for a violation of any subdivision of section eleven hundred
    43  ninety-two of this article; and
    44    (2) a. either such person operated the vehicle  in  violation  of  any
    45  subdivision of section eleven hundred ninety-two of this article, or
    46    b.  a  breath  test or oral/bodily fluid test administered by a police
    47  officer in accordance with paragraph (b)  of  subdivision  one  of  this
    48  section  indicates  that alcohol or a drug or drugs has been consumed by
    49  such person; and
    50    (3) such person has been placed under lawful arrest; and
    51    (4) such person has refused to  submit  to  a  chemical  test  or  any
    52  portion  thereof or an evaluation conducted by a certified drug recogni-
    53  tion expert, or any portion thereof, requested in  accordance  with  the
    54  provisions  of  paragraph  (a)  of subdivision two of this section or is
    55  unable to give consent to such a test.

        S. 3008                            16                            A. 3008
 
     1    (c) Reasonable cause; definition. For the purpose of this  subdivision
     2  "reasonable  cause"  shall  be  determined  by  viewing  the totality of
     3  circumstances surrounding the incident which, when taken together, indi-
     4  cate that the operator  was  driving  in  violation  of  section  eleven
     5  hundred  ninety-two of this article. Such circumstances may include, but
     6  are not limited to: evidence that the operator  was  operating  a  motor
     7  vehicle  in  violation  of  any  provision  of this article or any other
     8  moving violation at the time of the incident; any visible indication  of
     9  alcohol or drug consumption or impairment by the operator; the existence
    10  of an open container containing an alcoholic beverage or a drug or drugs
    11  in  or  around the vehicle driven by the operator; the odor of cannabis,
    12  burnt cannabis or other drug; any other evidence surrounding the circum-
    13  stances of the incident which indicates that the operator has been oper-
    14  ating a motor vehicle while impaired by the consumption  of  alcohol  or
    15  drugs or intoxicated at the time of the incident.
    16    (d)  Court  order;  procedure. (1) An application for a court order to
    17  compel submission to a chemical test or any portion thereof, may be made
    18  to any supreme court justice, county court judge or district court judge
    19  in the judicial district in which the incident occurred, or if the inci-
    20  dent occurred in the city of New York before any supreme  court  justice
    21  or judge of the criminal court of the city of New York. Such application
    22  may  be  communicated  by  telephone, radio or other means of electronic
    23  communication, or in person.
    24    (2) The applicant must provide identification by name  and  title  and
    25  must  state the purpose of the communication. Upon being advised that an
    26  application for a court order to compel submission to a chemical test is
    27  being made, the court shall place under oath the applicant and any other
    28  person providing information in support of the application  as  provided
    29  in subparagraph three of this paragraph. After being sworn the applicant
    30  must state that the person from whom the chemical test was requested was
    31  the  operator  of a motor vehicle and in the course of such operation [a
    32  person, other than the operator, has been killed or  seriously  injured]
    33  the  motor  vehicle was involved in a crash; or personal injury has been
    34  caused to another person, due to an incident involving the motor vehicle
    35  operated by such person; or such person has  a  previous  arrest  for  a
    36  violation  of  any  subdivision  of section eleven hundred ninety-two of
    37  this article; and, based upon the totality of  circumstances,  there  is
    38  reasonable cause to believe that such person was operating a motor vehi-
    39  cle in violation of any subdivision of section eleven hundred ninety-two
    40  of  this article and, after being placed under lawful arrest such person
    41  refused to submit to a chemical test or any portion thereof, in  accord-
    42  ance with the provisions of this section or is unable to give consent to
    43  such  a  test  or  any portion thereof. The applicant must make specific
    44  allegations of fact to support such statement. Any other person properly
    45  identified, may present sworn allegations of  fact  in  support  of  the
    46  applicant's statement.
    47    (3)  Upon  being advised that an oral application for a court order to
    48  compel a person to submit to a chemical test is being made, a  judge  or
    49  justice  shall  place  under  oath  the  applicant  and any other person
    50  providing information in support of the application. Such oath or  oaths
    51  and all of the remaining communication must be recorded, either by means
    52  of  a  voice recording device or verbatim stenographic or verbatim long-
    53  hand notes. If a voice recording device is used or a stenographic record
    54  made, the judge must have the record transcribed, certify to the accura-
    55  cy of the transcription and file the original record  and  transcription
    56  with  the  court  within  seventy-two hours of the issuance of the court

        S. 3008                            17                            A. 3008
 
     1  order. If the longhand notes are taken, the judge shall subscribe a copy
     2  and file it with the court within twenty-four hours of the  issuance  of
     3  the order.
     4    (4)  If  the court is satisfied that the requirements for the issuance
     5  of a court order pursuant to the provisions of  paragraph  (b)  of  this
     6  subdivision  have  been  met,  it may grant the application and issue an
     7  order requiring the accused to submit to a chemical  test  to  determine
     8  the  alcoholic  and/or  drug  content  of  [his]  their  blood  [and] or
     9  oral/bodily fluids and ordering the withdrawal of a blood or oral/bodily
    10  fluid sample in accordance with  the  provisions  of  paragraph  (a)  of
    11  subdivision  four of this section. When a judge or justice determines to
    12  issue an order to compel submission to a chemical test based on an  oral
    13  application,  the  applicant therefor shall prepare the order in accord-
    14  ance with the instructions of the judge or justice.   In all  cases  the
    15  order  shall  include the name of the issuing judge or justice, the name
    16  of the applicant, and the date and time it  was  issued.    It  must  be
    17  signed  by the judge or justice if issued in person, or by the applicant
    18  if issued orally.
    19    (5) Any false statement by an applicant or any other person in support
    20  of an application for a court order shall subject  such  person  to  the
    21  offenses  for  perjury set forth in article two hundred ten of the penal
    22  law.
    23    (6) The chief administrator of the courts shall establish  a  schedule
    24  to provide that a sufficient number of judges or justices will be avail-
    25  able  in  each  judicial  district  to  hear oral applications for court
    26  orders as permitted by this section.
    27    (e) Administration of compulsory chemical test. An order issued pursu-
    28  ant to the provisions of this subdivision shall require that a  chemical
    29  test  to  determine  the alcoholic and/or drug content of the operator's
    30  blood or oral/bodily fluid must be administered. The provisions of para-
    31  graphs (a), (b) and (c) of subdivision four of  this  section  shall  be
    32  applicable to any chemical test administered pursuant to this section.
    33    § 4. The subparagraph heading and clauses a and b of subparagraph 7 of
    34  paragraph  (e) of subdivision 2 of section 1193 of the vehicle and traf-
    35  fic law, as added by chapter 312 of  the  laws  of  1994,  clause  a  as
    36  amended  by  chapter 732 of the laws of 2006, and clause b as separately
    37  amended by chapters 3 and 571 of the laws of 2002, are amended  to  read
    38  as follows:
    39    Suspension  pending  prosecution;  excessive  blood alcohol content or
    40  impairment by a drug or drugs.  a. Except as provided in clause  a-1  of
    41  this  subparagraph,  a  court  shall suspend a driver's license, pending
    42  prosecution, of any person charged with a violation of subdivision  two,
    43  two-a,  three,  four  or  four-a of section eleven hundred ninety-two of
    44  this article who, at the time of arrest, is alleged to have had  .08  of
    45  one  percent  or  more by weight of alcohol in such driver's blood or is
    46  alleged to have been impaired by the ingestion of a  drug  or  drugs  as
    47  shown   by  chemical  analysis  of  blood,  breath,  urine  or  [saliva]
    48  oral/bodily fluid, or by an evaluation conducted  by  a  certified  drug
    49  recognition expert, or any portion thereof, made pursuant to subdivision
    50  two  or  three of section eleven hundred ninety-four of this article, or
    51  the driver makes a statement admitting to driving while  intoxicated  by
    52  alcohol or while impaired by a drug or drugs.
    53    b.  The suspension occurring under clause a of this subparagraph shall
    54  occur no later than at the conclusion of all  proceedings  required  for
    55  the  arraignment  and  the suspension occurring under clause a-1 of this
    56  subparagraph shall occur immediately after the holder's first appearance

        S. 3008                            18                            A. 3008
 
     1  before the court on the charge which shall, whenever  possible,  be  the
     2  next regularly scheduled session of the court after the arrest or at the
     3  conclusion  of  all  proceedings required for the arraignment; provided,
     4  however,  that  if  the  results  of  any  test administered pursuant to
     5  section eleven hundred ninety-four of this  article  are  not  available
     6  within  such time period, the complainant police officer or other public
     7  servant shall transmit such results to the court at the time they become
     8  available, and the court shall, as soon  as  practicable  following  the
     9  receipt  of such results and in compliance with the requirements of this
    10  subparagraph, suspend such license. In order for  the  court  to  impose
    11  such  suspension it must find that the accusatory instrument conforms to
    12  the requirements of section 100.40 of the  criminal  procedure  law  and
    13  there  exists  reasonable  cause  to  believe either that (a) the holder
    14  operated a motor vehicle while such holder had .08  of  one  percent  or
    15  more  by weight of alcohol or was impaired by the ingestion of a drug or
    16  drugs in [his or her] their blood as was shown by chemical  analysis  of
    17  such  person's blood, breath, urine or [saliva] oral/bodily fluid, or by
    18  an evaluation conducted by a certified drug recognition expert,  or  any
    19  portion  thereof,  made  pursuant  to  the  provisions of section eleven
    20  hundred ninety-four of this article or  the  driver  makes  a  statement
    21  admitting to driving while intoxicated by alcohol or while impaired by a
    22  drug  or  drugs  or  (b)  the  person was the holder of a class DJ or MJ
    23  learner's permit or a class DJ or MJ driver's  license  and  operated  a
    24  motor vehicle while such holder was in violation of subdivision one, two
    25  and/or  three  of  section eleven hundred ninety-two of this article. At
    26  the time of such license suspension the holder shall be entitled  to  an
    27  opportunity  to make a statement regarding these two issues and to pres-
    28  ent evidence tending to rebut the court's findings.
    29    § 5. This act shall take effect immediately.
 
    30                                   PART F
 
    31    Section 1. Paragraph 2 of subdivision (a) of section 1642 of the vehi-
    32  cle and traffic law is amended to read as follows:
    33    2. Parking, standing, stopping and  backing  of  vehicles,  except  in
    34  violation  of  subparagraph  b  of  paragraph  two of subdivision (a) of
    35  section twelve hundred two of this chapter where such  violation  occurs
    36  within  one thousand feet of a school grounds, as defined in subdivision
    37  two of section four hundred nine of the education law, where such school
    38  grounds is a public, nonpublic, or  charter  elementary  school  serving
    39  students in any grade through grade five, provided that the intersection
    40  is adjacent to a city block where such school grounds is located.
    41    § 2. This act shall take effect on the one hundred eightieth day after
    42  it shall have become a law.
 
    43                                   PART G
 
    44    Section 1. Subdivision (c) of section 102-c of the vehicle and traffic
    45  law, as added by section 1 of part XX of chapter 58 of the laws of 2020,
    46  is amended to read as follows:
    47    (c)  "Class  three bicycle with electric assist." Solely within a city
    48  having a population of one million or more, a bicycle weighing less than
    49  one-hundred pounds with electric assist having an  electric  motor  that
    50  may  be used exclusively to propel such bicycle, and that is not capable
    51  of providing assistance when such bicycle reaches a speed of twenty-five
    52  miles per hour.

        S. 3008                            19                            A. 3008

     1    § 2. Section 121-b of the vehicle and traffic law, as amended by chap-
     2  ter 160 of the laws of 1981, is amended to read as follows:
     3    § 121-b. Limited use motorcycle. (a) A limited use vehicle having only
     4  two  or  three wheels, with a seat or saddle for the operator. A limited
     5  use motorcycle having a maximum performance speed, of more  than  thirty
     6  miles per hour but not more than forty miles per hour shall be a class A
     7  limited  use  motorcycle.  A  limited  use  motorcycle  having a maximum
     8  performance speed of more than twenty miles per hour but not  more  than
     9  thirty  miles  per  hour,  shall  be a class B limited use motorcycle. A
    10  limited use motorcycle having a maximum performance speed  of  not  more
    11  than twenty miles per hour shall be a class C limited use motorcycle.
    12    (b)  A class three bicycle with electric assist as defined in subdivi-
    13  sion (c) of section one hundred two-c of this article, weighing one-hun-
    14  dred pounds or more.
    15    § 3. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law.
 
    17                                   PART H
 
    18    Section 1. Subdivision (a) of section 1642 of the vehicle and  traffic
    19  law is amended by adding a new paragraph 28 to read as follows:
    20    28.  Establishment of maximum speed limits at which bicycles, bicycles
    21  with electric assist, electric scooters and other devices authorized  or
    22  required  to  use  bicycle  lanes  and bicycle paths may proceed in such
    23  bicycle lanes and bicycle paths, subject to any other speed limit appli-
    24  cable to any such device imposed by this chapter or  any  other  law  or
    25  rule;  provided,  however, that such speed limits established in bicycle
    26  lanes may be no higher than the speed  limit  established  for  vehicles
    27  using  the  same  highway outside of a bicycle lane, and that such speed
    28  limits established in bicycle paths may be  no  higher  than  the  speed
    29  limit  established  for  vehicles  using the same or adjacent highway to
    30  such bicycle path. Such speed limits may be applicable  throughout  such
    31  city,  within  designated  areas  of such city, or on designated bicycle
    32  lanes or bicycle paths, or portions thereof, within such city.
    33    § 2. This act shall take effect immediately.
 
    34                                   PART I
 
    35    Section 1. Section 3 of part PP of chapter 54  of  the  laws  of  2016
    36  amending the public authorities law and the general municipal law relat-
    37  ing  to  the New York transit authority and the metropolitan transporta-
    38  tion authority, as amended by section 1 of part A of chapter 58  of  the
    39  laws of 2024, is amended to read as follows:
    40    §  3. This act shall take effect immediately; provided that the amend-
    41  ments to subdivision 1 of section 119-r of  the  general  municipal  law
    42  made  by  section  two  of  this act shall expire and be deemed repealed
    43  April 1, [2025] 2035, and provided further that such  repeal  shall  not
    44  affect the validity or duration of any contract entered into before that
    45  date pursuant to paragraph f of such subdivision.
    46    § 2. This act shall take effect immediately.
 
    47                                   PART J
 
    48    Section  1. Section 45 of chapter 929 of the laws of 1986 amending the
    49  tax law and other  laws  relating  to  the  metropolitan  transportation

        S. 3008                            20                            A. 3008
 
     1  authority,  as  amended by section 1 of part G of chapter 58 of the laws
     2  of 2023, is amended to read as follows:
     3    §  45.  This act shall take effect immediately; except that: (a) para-
     4  graph (d) of subdivision 3 of section 1263  of  the  public  authorities
     5  law, as added by section twenty-six of this act, shall be deemed to have
     6  been  in full force and effect on and after August 5, 1986; (b) sections
     7  thirty-three and thirty-four of this act shall not apply to a  certified
     8  or  recognized  public employee organization which represents any public
     9  employees described in subdivision 16 of  section  1204  of  the  public
    10  authorities  law  and  such sections shall expire on July 1, [2025] 2027
    11  and nothing contained within these sections shall be construed to divest
    12  the public employment relations board or any court of  competent  juris-
    13  diction  of the full power or authority to enforce any order made by the
    14  board or such court prior to the effective date of  this  act;  (c)  the
    15  provisions  of section thirty-five of this act shall expire on March 31,
    16  1987; and (d)  provided,  however,  the  commissioner  of  taxation  and
    17  finance  shall  have the power to enforce the provisions of sections two
    18  through nine of this act beyond December 31, 1990 to enable such commis-
    19  sioner to collect any liabilities incurred prior to January 1, 1991.
    20    § 2. This act shall take effect immediately.
 
    21                                   PART K

    22    Section 1. Paragraph (a) of subdivision 12-a of section  1266  of  the
    23  public  authorities law, as added by section 2 of part VVV of chapter 58
    24  of the laws of 2020, is amended to read as follows:
    25    (a) Whenever the authority determines in consultation with the city of
    26  New York that it is necessary to obtain the temporary or permanent  use,
    27  occupancy,  control  or possession of vacant or undeveloped or underuti-
    28  lized but replaceable real property, or any interest therein, or subsur-
    29  face real property or any interest therein then owned by the city of New
    30  York for a project in [the two thousand fifteen to two thousand nineteen
    31  or the two thousand twenty to two thousand twenty-four approved  capital
    32  programs to (i) install one or more elevators to make one or more subway
    33  stations  more  accessible,  (ii) construct or reconstruct an electrical
    34  substation to increase available power to the subway  system  to  expand
    35  passenger capacity or reliability, or (iii) in connection with the capi-
    36  tal  project  to construct four commuter railroad passengers stations in
    37  the borough of the Bronx known as Penn Station access] a capital program
    38  approved pursuant to section twelve hundred sixty-nine-b of this  title,
    39  the authority upon approval by the board of the metropolitan transporta-
    40  tion authority and upon suitable notice and with the consent of the city
    41  of  New  York may cause the title to such real property, or any interest
    42  therein, to be transferred to the authority by adding it to  the  agree-
    43  ment  of  lease  dated  June  first,  nineteen  hundred  fifty-three, as
    44  amended, renewed and supplemented, authorized by section twelve  hundred
    45  three of this article, or may itself acquire title to such property from
    46  the city of New York, and any such transfer or acquisition of real prop-
    47  erty  shall  be subject to the provisions of subdivision five of section
    48  twelve hundred sixty-six-c of this title. Nothing  in  this  subdivision
    49  shall  be  deemed  to  authorize  any temporary or permanent transfer or
    50  acquisition of real property, or interest  therein,  that  is  dedicated
    51  parkland without separate legislative approval of such alienation.
    52    §  2. Section 3 of part VVV of chapter 58 of the laws of 2020 amending
    53  the public authorities law relating  to  acquisitions  or  transfers  of
    54  property for transit projects is amended to read as follows:

        S. 3008                            21                            A. 3008

     1    §  3.  This  act shall take effect immediately and shall expire and be
     2  deemed repealed on December 31, [2025] 2030; provided, however, that the
     3  repeal of this act shall not affect any transfer or acquisition pursuant
     4  to all of the terms of section two of this act that has been approved by
     5  the  board  of  the  metropolitan  transportation  authority before such
     6  repeal date.
     7    § 3. This act shall take effect immediately; provided however that the
     8  amendments to paragraph (a) of subdivision 12-a of section 1266  of  the
     9  public  authorities law made by section one of this act shall not affect
    10  the repeal of such subdivision and shall be deemed repealed therewith.
 
    11                                   PART L
 
    12    Section 1. Section 5 of part UUU of chapter 58 of  the  laws  of  2020
    13  amending  the  state  finance  law relating to providing funding for the
    14  Metropolitan Transportation  Authority  2020-2024  capital  program  and
    15  paratransit  operating  expenses, is amended by adding a new subdivision
    16  (c) to read as follows:
    17    (c) Notwithstanding subdivisions (a) and (b) of this section, starting
    18  July first, two thousand twenty-five, the city will fund eighty  percent
    19  of the net paratransit operating expenses of the MTA, provided that such
    20  contribution  shall not exceed, for each twelve-month period ending June
    21  thirtieth, the sum of: (i) fifty percent of the net paratransit  operat-
    22  ing expenses and (ii) one hundred sixty-five million dollars.  Net para-
    23  transit  operating  expenses  shall be calculated monthly by the MTA and
    24  will consist of the total paratransit operating expenses of the  program
    25  minus the six percent of the urban tax dedicated to paratransit services
    26  as  of  the  effective  date  of  this  subdivision  and minus any money
    27  collected as passenger fares from paratransit operations.
    28    § 2. Section 9 of part UUU of chapter 58 of the laws of 2020  amending
    29  the state finance law relating to providing funding for the Metropolitan
    30  Transportation Authority 2020-2024 capital program and paratransit oper-
    31  ating  expenses,  as amended by section 3 of part D of chapter 58 of the
    32  laws of 2023, is amended to read as follows:
    33    § 9. This act shall take effect immediately[; provided  that  sections
    34  five  through seven of this act shall expire and be deemed repealed June
    35  30, 2030; and provided further that such  repeal  shall  not  affect  or
    36  otherwise reduce amounts owed to the metropolitan transportation author-
    37  ity  paratransit  assistance  fund  to  meet the city's share of the net
    38  paratransit operating expenses of the MTA for services provided prior to
    39  June 30, 2030].
    40    § 3. This act shall take effect immediately.
 
    41                                   PART M
 
    42    Section 1. This act commits the state of New York and the city of  New
    43  York ("city") to fund, over a multi-year period, $6,000,000,000 in capi-
    44  tal  costs related to projects contained in the Metropolitan Transporta-
    45  tion Authority ("MTA") 2025-2029 capital  program  ("capital  program").
    46  The  state  share of $3,000,000,000 and the city share of $3,000,000,000
    47  shall be provided to pay the capital costs of the capital  program.  The
    48  funds  committed  by  the state and city shall be provided concurrently,
    49  and in proportion to the respective shares of each, in  accordance  with
    50  the funding needs of the capital program.

        S. 3008                            22                            A. 3008
 
     1    §  2. (a) No funds dedicated for operating assistance of the MTA shall
     2  be used to reduce or supplant the commitment of the  state  or  city  to
     3  provide $6,000,000,000 pursuant to section one of this act.
     4    (b) The city and state's share of funds provided concurrently pursuant
     5  to  section  one of this act shall be scheduled and paid to the MTA on a
     6  schedule to be determined by the state director of the budget. In  order
     7  to  determine the adequacy and pace of the level of state and city fund-
     8  ing in support of the MTA's capital program, and to gauge the availabil-
     9  ity of MTA capital resources planned for the capital program, the direc-
    10  tor of the budget and the city may request, and the MTA  shall  provide,
    11  periodic reports on the MTA's capital programs and financial activities.
    12  The  city  shall certify to the state comptroller and the New York state
    13  director of the budget, no later  than  seven  days  after  making  each
    14  payment  pursuant  to  this  section, the amount of the payments and the
    15  date upon which such payments were made.
    16    § 3. (a) Notwithstanding any provision of law to the contrary, in  the
    17  event  the  city  fails  to certify to the state comptroller and the New
    18  York state director of the budget that the city has  paid  in  full  any
    19  concurrent  payment  required  by  section two of this act, the New York
    20  state director of the budget  shall  direct  the  state  comptroller  to
    21  transfer,  collect,  or deposit funds in accordance with subdivision (b)
    22  of this section in an amount equal to the unpaid balance of any  payment
    23  required  by  section  two  of this act, provided that any such deposits
    24  shall be counted against the city share of the Metropolitan  Transporta-
    25  tion  Authority (MTA) 2025-2029 capital program (capital program) pursu-
    26  ant to section one of this act. Such direction shall be  pursuant  to  a
    27  written  plan or plans filed with the state comptroller, the chairperson
    28  of the senate finance committee and the chairperson of the assembly ways
    29  and means committee.
    30    (b) Notwithstanding any provision of law to the contrary  and  as  set
    31  forth in a plan or plans submitted by the New York state director of the
    32  budget  pursuant  to  subdivision  (a)  of this section, the state comp-
    33  troller is hereby directed and authorized to: (i) transfer funds author-
    34  ized by any undisbursed general fund aid to localities appropriations or
    35  state special revenue fund aid to localities  appropriations,  excluding
    36  debt service, fiduciary, and federal fund appropriations, to the city to
    37  the Metropolitan Transportation Authority capital assistance fund estab-
    38  lished by section 92-ii of the state finance law in accordance with such
    39  plan;  and/or (ii) collect and deposit into the Metropolitan Transporta-
    40  tion Authority capital assistance fund established by section  92-ii  of
    41  the  state  finance law funds from any other revenue source of the city,
    42  including the sales and use tax, in accordance with such plan. The state
    43  comptroller is hereby authorized and directed to  make  such  transfers,
    44  collections and deposits as soon as practicable but not more than 3 days
    45  following  the transmittal of such plan to the comptroller in accordance
    46  with subdivision (a) of this section.
    47    (c) Notwithstanding any provision of law to the contrary, the  state's
    48  obligation and/or liability to fund any program included in general fund
    49  aid  to  localities  appropriations or state special revenue fund aid to
    50  localities appropriations from which funds are transferred  pursuant  to
    51  subdivision  (b)  of this section shall be reduced in an amount equal to
    52  such transfer or transfers.
    53    § 4. Subdivisions 2 and 3 of section 92-ii of the state  finance  law,
    54  as added by section 4 of part UUU of chapter 58 of the laws of 2020, are
    55  amended to read as follows:

        S. 3008                            23                            A. 3008
 
     1    2.  Such fund shall consist of any monies directed thereto pursuant to
     2  the provisions of section three of  [the]  part  UUU  of  [the]  chapter
     3  fifty-eight  of  the  laws  of  two  thousand  twenty  [which added this
     4  section] and to the provisions of section three of the part of the chap-
     5  ter  of the laws of two thousand twenty-five which amended this subdivi-
     6  sion.
     7    3. All monies deposited into the fund pursuant to [the]  part  UUU  of
     8  [the]  chapter  fifty-eight  of  the  laws of two thousand twenty [which
     9  added this section] and the part of the chapter of the laws of two thou-
    10  sand twenty-five which amended this subdivision shall  be  paid  to  the
    11  metropolitan transportation authority by the comptroller, without appro-
    12  priation, for use in the same manner as the payments required by section
    13  two  of  such  part,  as soon as practicable but not more than five days
    14  from the date the comptroller determines that the  full  amount  of  the
    15  unpaid  balance  of any payment required by section three of part UUU of
    16  chapter fifty-eight of the laws of two thousand twenty  and  by  section
    17  three  of  such  part of the chapter of the laws of two thousand twenty-
    18  five which amended this subdivision has been deposited into the fund.
    19    § 5. This act shall take effect immediately.
 
    20                                   PART N
 
    21    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    22  section 385-b to read as follows:
    23    § 385-b. Owner liability for failure of operator to comply with weight
    24  restrictions  on  a  covered  agency  and authority's facilities. 1. (a)
    25  Notwithstanding any other provision of law, a covered agency or authori-
    26  ty may establish a weigh-in-motion program on  its  facilities  imposing
    27  monetary  liability on the owner of a vehicle for failure of an operator
    28  thereof  to  comply  with  gross  vehicle  weight  and/or  axle   weight
    29  restrictions  on  such  facilities  in accordance with the provisions of
    30  this section. Such program shall empower the covered agency or authority
    31  to install and operate weigh-in-motion violation monitoring  systems  on
    32  its  facilities.  Such  systems  may  be  activated at locations on such
    33  portion of its facilities as determined by the covered agency or author-
    34  ity. A covered agency or authority may enter into a memorandum of agree-
    35  ment with another covered agency or authority for the purposes of  coor-
    36  dinating the planning, design, installation, operation, construction and
    37  maintenance  of  such  weigh-in-motion  program.  Such  memorandum shall
    38  address, for purposes of such program, the use of systems,  devices  and
    39  other  facilities  owned  and  operated  by  the other covered agency or
    40  authority.
    41    (b) No weigh-in-motion  violation  monitoring  system  shall  be  used
    42  unless:    (i)  on the day it is to be used it has undergone a self-test
    43  for the operation of such system; and (ii) it has  undergone  an  annual
    44  calibration  check  performed pursuant to paragraph (c) of this subdivi-
    45  sion. A result of the daily self-test for each such system shall include
    46  the date and time that the self-test  was  successfully  performed.  The
    47  covered agency or authority shall retain each such daily self-test until
    48  the  later  of  the date on which the weigh-in-motion system to which it
    49  applies has been permanently removed from use or the final resolution of
    50  all cases involving notices of liability issued  based  on  photographs,
    51  microphotographs,  video  or  other recorded images, and information and
    52  data generated in conjunction therewith, produced by such system.
    53    (c) Each weigh-in-motion violation monitoring system shall  undergo  a
    54  calibration  check every twelve months in accordance with specifications

        S. 3008                            24                            A. 3008
 
     1  prescribed pursuant to a memorandum of  agreement  between  the  covered
     2  agency or authority and the New York state department of agriculture and
     3  markets,  or  in  accordance  with  an  applicable reference standard as
     4  determined  by  the  covered agency or authority. Such calibration check
     5  shall be performed by an independent calibration laboratory, which shall
     6  issue a signed certificate of  calibration  on  its  letterhead  to  the
     7  covered  agency  or authority. Nothing contained in this paragraph shall
     8  be deemed to require the signature of a notary public  on  such  certif-
     9  icate.    The  covered agency or authority shall retain each such annual
    10  certificate of calibration on file until the  final  resolution  of  all
    11  cases  involving  notices  of  liability issued during such twelve-month
    12  time period which were based on photographs, microphotographs, video  or
    13  other recorded images, and information and data generated in conjunction
    14  therewith, produced by such weigh-in-motion violation monitoring system.
    15    (d) The covered agency or authority shall monitor the system by evalu-
    16  ating information and data collected from sensor readings of each weigh-
    17  in-motion  violation  monitoring system. The covered agency or authority
    18  shall promulgate rules for  monitoring  collected  data,  responding  to
    19  system  alerts, and establishing a protocol for action which may include
    20  recertification.
    21    (e) Weigh-in-motion violation monitoring systems  used  in  accordance
    22  with  the  weigh-in-motion  program  authorized pursuant to this section
    23  shall be operated only on the covered agency or  authority's  facilities
    24  or on another agency or authority's facilities if agreed upon in a memo-
    25  randum of agreement.
    26    (f)  (i)  No  photograph, microphotograph, videotape or other recorded
    27  image, nor any information and data generated in conjunction  therewith,
    28  shall  be  used for any purpose other than as specified in this section,
    29  except as may be otherwise provided by this  paragraph.  Notwithstanding
    30  the above, all information and data from weigh-in-motion violation moni-
    31  toring  systems may be shared among covered agencies and authorities for
    32  the purposes of monitoring impacts to a covered  agency  or  authority's
    33  facilities and for reporting purposes.
    34    (ii)  Such  program shall utilize necessary technologies to ensure, to
    35  the extent practicable, that photographs, microphotographs, videotape or
    36  other recorded images produced by such weigh-in-motion  violation  moni-
    37  toring  systems  shall  not include images that identify the driver, the
    38  passengers, or the contents of the vehicle. Provided, however,  that  no
    39  notice  of  liability issued pursuant to this section shall be dismissed
    40  solely because such a photograph, microphotograph,  videotape  or  other
    41  recorded  image allows for the identification of the driver, the passen-
    42  gers, or the contents of vehicles where the covered agency or  authority
    43  shows  that  it made reasonable efforts to comply with the provisions of
    44  this paragraph in such case.
    45    (iii) Photographs, microphotographs, videotape or any  other  recorded
    46  image,  and any information and data generated in conjunction therewith,
    47  produced by a weigh-in-motion violation monitoring system shall  be  for
    48  the  exclusive  use  of  the  covered  agency or authority, or by use of
    49  another covered agency or authority adjudicating on behalf of a  covered
    50  agency,  for the purpose of the adjudication of liability imposed pursu-
    51  ant to this section, and of the owner receiving a  notice  of  liability
    52  pursuant  to  this  section,  and  as  required by the covered agency or
    53  authority to study the impact of overweight vehicles on  its  facilities
    54  and management of such facilities, and shall be destroyed by the covered
    55  agency or authority, or another covered agency or authority where appli-
    56  cable,  upon  the  final  resolution of the notice of liability to which

        S. 3008                            25                            A. 3008
 
     1  such photographs, microphotographs, videotape or other  recorded  images
     2  and  information  and data generated in conjunction therewith relate, or
     3  one year following the date of issuance of  such  notice  of  liability,
     4  whichever  is  later.  Notwithstanding  the provisions of any other law,
     5  rule or regulation to the contrary, photographs, microphotographs, vide-
     6  otape or any other recorded image, and information and data generated in
     7  conjunction  therewith,  from  a  weigh-in-motion  violation  monitoring
     8  system shall not be open to the public, nor subject to civil or criminal
     9  process or discovery, nor used by any court or administrative or adjudi-
    10  catory  body  in  any  action or proceeding therein except that which is
    11  necessary for the adjudication of a notice of liability issued  pursuant
    12  to  this  section,  and  no  public entity or employee, officer or agent
    13  thereof shall disclose such information, except that  such  photographs,
    14  microphotographs,  videotape  or any other recorded images, and informa-
    15  tion and data generated in conjunction therewith, from such systems:
    16    (A) shall be available for inspection and copying and use by the motor
    17  vehicle owner and operator for so long as such photographs,  microphoto-
    18  graphs,  videotape  or  other  recorded images, information and data are
    19  required to be maintained or  are  maintained  by  such  public  entity,
    20  employee, officer or agent; and
    21    (B)  (1)  shall be furnished when described in a search warrant issued
    22  by a court authorized to issue such a search warrant pursuant to article
    23  six hundred ninety of the criminal procedure  law  or  a  federal  court
    24  authorized  to issue such a search warrant under federal law, where such
    25  search warrant states that there is reasonable  cause  to  believe  such
    26  information  constitutes  evidence  of,  or tends to demonstrate that, a
    27  misdemeanor or felony offense was committed in  this  state  or  another
    28  state,  or  that a particular person participated in the commission of a
    29  misdemeanor or felony offense in this state or another state,  provided,
    30  however, that if such offense was against the laws of another state, the
    31  court  shall only issue a warrant if the conduct comprising such offense
    32  would, if occurring in this state, constitute a  misdemeanor  or  felony
    33  against the laws of this state; and
    34    (2) shall be furnished in response to a subpoena duces tecum signed by
    35  a  judge  of  competent  jurisdiction and issued pursuant to article six
    36  hundred ten of the criminal procedure law or a judge or magistrate of  a
    37  federal  court  authorized  to  issue  such a subpoena duces tecum under
    38  federal law, where the judge finds and the subpoena states that there is
    39  reasonable cause to believe such information is relevant and material to
    40  the prosecution, or the defense, or the investigation by  an  authorized
    41  law  enforcement official, of the alleged commission of a misdemeanor or
    42  felony in this state or another state, provided, however, that  if  such
    43  offense  was against the laws of another state, such judge or magistrate
    44  shall only issue such subpoena if the conduct  comprising  such  offense
    45  would, if occurring in this state, constitute a misdemeanor or felony in
    46  this state; and
    47    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
    48  of this subparagraph and otherwise admissible, be used in such  criminal
    49  action or proceeding.
    50    (iv)  The covered agency or authority shall install signage in advance
    51  of locations where weigh-in-motion violation monitoring systems  are  in
    52  operation  giving  notice  to  approaching  motor vehicle operators that
    53  weigh-in-motion violation monitoring systems are in use to enforce motor
    54  vehicle weight restrictions.
    55    (v) The covered agency or authority shall use oversight procedures  to
    56  ensure compliance with the aforementioned privacy protection measures.

        S. 3008                            26                            A. 3008

     1    2.  If  the covered agency or authority establishes a program pursuant
     2  to subdivision one of this section, the owner  of  a  vehicle  shall  be
     3  liable  for  a  penalty imposed pursuant to this section if such vehicle
     4  was used or operated with  the  permission  of  the  owner,  express  or
     5  implied,  on the covered agency's or authority's facilities in violation
     6  of section three hundred eighty-five of this article and the  rules  and
     7  regulations  of  the  covered  agency  or authority in relation to gross
     8  vehicle weight and/or axle weight, where such vehicle was traveling  ten
     9  percent or more above the gross vehicle weight or twenty percent or more
    10  above  the  axle weight at the time of such violation as indicated by at
    11  least two independently detected gross vehicle weight and/or axle weight
    12  measurements obtained by a weigh-in-motion violation monitoring  system,
    13  and such violation is evidenced by information obtained from a weigh-in-
    14  motion  violation monitoring system; provided however that no owner of a
    15  vehicle shall be liable for a penalty imposed pursuant to  this  section
    16  where the operator of such vehicle: has been convicted of the underlying
    17  violation  of  section three hundred eighty-five of this article and the
    18  rules and regulations of the covered agency or authority in relation  to
    19  gross  vehicle  weight  and/or  axle weight; or operated such vehicle in
    20  accordance with the terms and conditions of any overweight permit issued
    21  in accordance with this chapter and any rules and regulations promulgat-
    22  ed thereto. Where a vehicle is in violation of both gross vehicle weight
    23  restrictions and axle weight restrictions, the owner shall be liable for
    24  a separate penalty for each such violation.
    25    3. For purposes of this section, the following terms  shall  have  the
    26  following meanings:
    27    (a)  "covered  agency  or authority" shall mean: (i) the department of
    28  transportation established pursuant to article two of the transportation
    29  law; (ii) the Triborough bridge and tunnel authority established  pursu-
    30  ant to title three of article three of the public authorities law; (iii)
    31  the  state bridge authority established pursuant to title two of article
    32  three of the public authorities law; (iv) the port authority of New York
    33  and New Jersey established pursuant to chapter one hundred fifty-four of
    34  the laws of nineteen hundred twenty-one; (v) the New York  city  depart-
    35  ment  of  transportation;  and (vi) the New York state thruway authority
    36  established pursuant to title nine of article two of the public authori-
    37  ties law;
    38    (b) "owner" shall have the meaning provided  in  section  two  hundred
    39  thirty-nine of this chapter;
    40    (c)  "weigh-in-motion violation monitoring system" shall mean sensors,
    41  capable of operating independently of an enforcement officer,  installed
    42  to  work  in  conjunction  with  other devices to capture and record the
    43  gross vehicle weight and the axle  weight  of  a  motor  vehicle,  which
    44  produce  at least two independently detected gross vehicle weight and/or
    45  axle weight measurements and automatically produce two  or  more  photo-
    46  graphs,  two  or  more  microphotographs,  a videotape or other recorded
    47  images of each vehicle at the time it is used or operated  in  violation
    48  of  section  three hundred eighty-five of this article and the rules and
    49  regulations of the covered agency or  authority  in  relation  to  gross
    50  vehicle  weight and/or axle weight, in accordance with the provisions of
    51  this section;
    52    (d) "weigh-in-motion program" shall mean  the  program  authorized  by
    53  this  section  that  operates exclusively on covered agency or authority
    54  facilities;

        S. 3008                            27                            A. 3008
 
     1    (e) "covered agency or authority facilities" shall  mean  those  sites
     2  including  but  not  limited  to  roadways, bridges, and highways owned,
     3  operated and maintained by a covered agency or authority; and
     4    (f)  "rules  and  regulations  of a covered agency or authority" shall
     5  mean rules and regulations of an agency or authority described in  para-
     6  graph a of this subdivision.
     7    4.  A  certificate, sworn to or affirmed by a technician employed by a
     8  covered agency or authority or its agent, or a facsimile thereof,  based
     9  upon  inspection  of  photographs,  microphotographs, videotape or other
    10  recorded images, and information and data generated in conjunction ther-
    11  ewith, produced by a weigh-in-motion violation monitoring system,  shall
    12  be  prima  facie  evidence  of  the  facts  contained  therein.  Nothing
    13  contained in this subdivision shall be deemed to require  the  signature
    14  of  a  notary  public  on such certificate. Any photographs, microphoto-
    15  graphs, videotape or other recorded images evidencing such  a  violation
    16  shall  include  an image of the motor vehicle alleged to be in violation
    17  and the information and data  generated  in  conjunction  therewith  and
    18  shall  be  available  for inspection reasonably in advance of and at any
    19  proceeding to adjudicate the liability for such  violation  pursuant  to
    20  this section.
    21    5.  An  owner  liable for a violation of section three hundred eighty-
    22  five of this article and the rules and regulations of a  covered  agency
    23  or  authority pursuant to a weigh-in-motion program established pursuant
    24  to this section shall be liable for  monetary  penalties  in  accordance
    25  with  separate  schedules  of fines and penalties to be promulgated by a
    26  covered agency or authority for a violation  of  section  three  hundred
    27  eighty-five  of  this article and the rules and regulations of a covered
    28  agency or authority in relation to  gross  vehicle  weight  and/or  axle
    29  weight.  The  liability  of the owner pursuant to this section shall not
    30  exceed three thousand seven hundred fifty dollars for each violation  or
    31  as  otherwise  provided for in section three hundred eighty-five of this
    32  article, whichever is higher.
    33    6. An imposition of liability under the weigh-in-motion program estab-
    34  lished pursuant to this section shall not be deemed a conviction for  an
    35  operator.
    36    7. (a) A notice of liability shall be sent by first class mail to each
    37  person alleged to be liable as an owner for a violation of section three
    38  hundred  eighty-five  of this article and the rules and regulations of a
    39  covered agency or authority in relation to gross vehicle  weight  and/or
    40  axle  weight  pursuant to this section, within fourteen business days if
    41  such owner is a resident of this state and  within  forty-five  business
    42  days  if  such  owner  is a non-resident. Personal delivery on the owner
    43  shall not be required. A manual or automatic record of mailing  prepared
    44  in  the ordinary course of business shall be prima facie evidence of the
    45  facts contained therein.
    46    (b) A notice of liability shall contain the name and  address  of  the
    47  person alleged to be liable as an owner for a violation of section three
    48  hundred  eighty-five  of this article and the rules and regulations of a
    49  covered agency or authority in relation to gross vehicle  weight  and/or
    50  axle  weight  pursuant  to  this section, the registration number of the
    51  vehicle involved in such violation, the gross vehicle weight and/or axle
    52  weight measured, the location where such violation took place, the  date
    53  and  time  of such violation, the identification number of the weigh-in-
    54  motion violation monitoring system which recorded the violation or other
    55  document locator number, one or more date and time stamped images  iden-

        S. 3008                            28                            A. 3008
 
     1  tifying  the  motor  vehicle and the information and data evidencing the
     2  alleged violation, and the certificate charging the liability.
     3    (c)  The  notice  of  liability shall contain information advising the
     4  person charged of the manner and the time in which they may contest  the
     5  liability  alleged  in  the  notice. Such notice of liability shall also
     6  contain a prominent warning to advise the person charged that failure to
     7  contest in the manner and time provided shall be deemed an admission  of
     8  liability and that a default judgment may be entered thereon.
     9    (d)  The  notice  of  liability  shall  be  prepared and mailed by the
    10  covered agency or authority, or by any other entity  authorized  by  the
    11  covered  agency  or authority to prepare and mail such notice of liabil-
    12  ity.
    13    8. Adjudication of the liability imposed upon owners pursuant to  this
    14  section  shall  be  by  the covered agency or authority, or by any other
    15  government entity authorized by the covered agency or authority to adju-
    16  dicate such liability. If such entity  is  the  New  York  city  parking
    17  violations  bureau,  such liability imposed pursuant to this section may
    18  only occur within the city of New York.
    19    9. If an owner receives a notice of liability pursuant to this section
    20  for any time period during which the vehicle  or  the  number  plate  or
    21  plates  of  such vehicle was reported to the police department as having
    22  been stolen, it shall be a valid defense to an allegation  of  liability
    23  for a violation of section three hundred eighty-five of this article and
    24  the rules and regulations of the covered agency or authority in relation
    25  to gross vehicle weight and/or axle weight pursuant to this section that
    26  the  vehicle  or  the  number  plate  or plates of such vehicle had been
    27  reported to the police  as  stolen  prior  to  the  time  the  violation
    28  occurred  and  had  not  been  recovered  by  such time. For purposes of
    29  asserting the defense provided by this subdivision, it shall  be  suffi-
    30  cient  that  a certified copy of the police report on the stolen vehicle
    31  or number plate or plates of such vehicle be sent by first class mail to
    32  the covered agency or authority.
    33    10. (a) An owner who is a lessor of a vehicle to  which  a  notice  of
    34  liability was issued pursuant to subdivision seven of this section shall
    35  not  be liable for the violation of section three hundred eighty-five of
    36  this article and the rules and regulations  of  the  covered  agency  or
    37  authority  in relation to gross vehicle weight and/or axle weight pursu-
    38  ant to this section, provided that:
    39    (i) prior to the violation, the lessor has filed the rental, lease  or
    40  other contract document with the name and address of the lessee with the
    41  covered  agency or authority in accordance with the provisions of subdi-
    42  vision ten of section twenty-nine  hundred  eighty-five  of  the  public
    43  authorities  law  or section two hundred thirty-nine of this chapter, as
    44  applicable; and
    45    (ii) within thirty-seven days after receiving notice from the  covered
    46  agency  or  authority of the date and time of a liability, together with
    47  the other information contained in the original notice of liability, the
    48  lessor submits to such covered agency or authority the correct name  and
    49  address of the lessee of the vehicle identified in the notice of liabil-
    50  ity  at  the time of such violation, together with such other additional
    51  information contained in the rental, lease or other  contract  document,
    52  as  may be reasonably required by the covered agency or authority pursu-
    53  ant to regulations that may be promulgated for such purpose.
    54    (b) Failure to comply with subparagraph (ii) of paragraph (a) of  this
    55  subdivision shall render the lessor liable for the penalty prescribed in
    56  this section.

        S. 3008                            29                            A. 3008
 
     1    (c)  Where the lessor complies with the provisions of paragraph (a) of
     2  this subdivision, the lessee  of  such  vehicle  on  the  date  of  such
     3  violation  shall  be deemed to be the owner of such vehicle for purposes
     4  of this section, shall be subject to liability for such violation pursu-
     5  ant  to this section and shall be sent a notice of liability pursuant to
     6  subdivision seven of this section.
     7    11. (a) If the owner liable for a violation of section  three  hundred
     8  eighty-five of this article and the rules and regulations of the covered
     9  agency  or  authority  in  relation  to gross vehicle weight and/or axle
    10  weight pursuant to this section was not the operator of the  vehicle  at
    11  the time of the violation, the owner may maintain an action for indemni-
    12  fication against the operator.
    13    (b) Notwithstanding any other provision of this section, no owner of a
    14  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    15  section if the operator of such vehicle was operating such vehicle with-
    16  out the consent of the owner at the time  such  operator  operated  such
    17  vehicle  in violation of section three hundred eighty-five of this arti-
    18  cle and the rules and regulations of the covered agency or authority  in
    19  relation  to  gross  vehicle  weight and/or axle weight. For purposes of
    20  this subdivision there shall be a presumption that the operator of  such
    21  vehicle  was operating such vehicle with the consent of the owner at the
    22  time such operator operated such vehicle in violation of  section  three
    23  hundred eighty-five of this article and the rules and regulations of the
    24  covered  agency  or authority in relation to gross vehicle weight and/or
    25  axle weight.
    26    12. Nothing in this section shall be construed to limit the  liability
    27  of  an  operator of a vehicle for any violation of section three hundred
    28  eighty-five of this article and the rules and regulations of the covered
    29  agency or authority in relation to  gross  vehicle  weight  and/or  axle
    30  weight.
    31    13.  It  shall  be  a  defense  to  any prosecution for a violation of
    32  section three hundred eighty-five of this  article  and  the  rules  and
    33  regulations  of  the  covered  agency  or authority in relation to gross
    34  vehicle weight and/or axle weight pursuant to  this  section  that  such
    35  weigh-in-motion  violation  monitoring  system was malfunctioning at the
    36  time of the alleged violation.
    37    § 2. Subdivision 2 of section 87 of the public officers law is amended
    38  by adding a new paragraph (v) to read as follows:
    39    (v) are photographs, microphotographs,  videotape  or  other  recorded
    40  images or information and data prepared under authority of section three
    41  hundred eighty-five-b of the vehicle and traffic law.
    42    §  3. A covered agency or authority shall: (i) prior to implementing a
    43  weigh-in-motion program as authorized by section 385-b  of  the  vehicle
    44  and traffic law, as added by section one of this act, communicate to the
    45  public  the  plan for the use of vehicle weigh-in-motion violation moni-
    46  toring systems to enforce vehicle weight restrictions so as to  maximize
    47  awareness  of such program; (ii) during the first 60-day period in which
    48  weigh-in-motion violation monitoring systems are in  operation  pursuant
    49  to the provisions of this act send by first class mail a written warning
    50  in  lieu  of  a  notice of liability to all owners of motor vehicles who
    51  would be held liable for failure of operators  thereof  to  comply  with
    52  section  385-b of the vehicle and traffic law in relation to gross vehi-
    53  cle weight and/or axle weight, together with notice of the  weigh-in-mo-
    54  tion program authorized by section 385-b of the vehicle and traffic law;
    55  and  (iii) take such measures as are necessary to implement such program

        S. 3008                            30                            A. 3008
 
     1  prior to its implementation, including promulgating any rules and  regu-
     2  lations necessary for the implementation of this act.
     3    §  4.  The  purchase or lease of equipment for a demonstration program
     4  pursuant to section 385-b of  the  vehicle  and  traffic  law  shall  be
     5  subject to the provisions of section 103 of the general municipal law.
     6    § 5. This act shall take effect immediately.
 
     7                                   PART O
 
     8    Section  1.  Paragraph 3 of subdivision (d) of section 1111-c-1 of the
     9  vehicle and traffic law, as added by section 1 of part MM of chapter  56
    10  of the laws of 2023, is amended to read as follows:
    11    3.  "bus operation-related traffic regulations" shall mean the follow-
    12  ing provisions set forth in chapter four of  title  thirty-four  of  the
    13  rules  of  the  city  of  New  York, adopted pursuant to section sixteen
    14  hundred forty-two of this chapter: 4-08(c)(3), violation  of  posted  no
    15  standing  rules  prohibited-bus  stop;  4-08(e)(9),  general no stopping
    16  zones-bicycle lanes; 4-08(f)(1), general no standing zones-double  park-
    17  ing;  [and] 4-08(f)(4), general no standing zones-bus lane; 4-08(e)(12),
    18  obstructing traffic at intersection; and section eleven  hundred  seven-
    19  ty-five of this title.
    20    §  2.  This act shall take effect immediately; provided, however, that
    21  the amendments to section 1111-c-1 of the vehicle and traffic  law  made
    22  by  section  one of this act shall not affect the repeal of such section
    23  and shall be deemed repealed therewith.
 
    24                                   PART P
 
    25    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    26  article 44-D to read as follows:
    27                                ARTICLE 44-D
    28        AUTHORITY FOR IMPOSITION OF SURCHARGE ON A PERMIT ISSUED FOR
    29         OBSTRUCTING OR CLOSING THE STREET FOR CONSTRUCTION PURPOSES
    30  Section 1711. Definitions.
    31          1712. Establishment of surcharge for obstruction or closure of a
    32                  street for construction activity.
    33          1713. Application and exemptions.
    34          1714. Administration and collection of surcharge.
    35          1715. Limitations on assessment of surcharge.
    36          1716. Judicial review.
    37    §  1711. Definitions. As used in this article:  1. "Affordable housing
    38  unit" means a residential dwelling unit that must be affordable to resi-
    39  dents at or below a specific income level, provided that such level does
    40  not exceed one hundred sixty-five percent of  the  area  median  income,
    41  pursuant to statute, regulation, restrictive covenant or declaration, or
    42  pursuant  to  a  regulatory  agreement  with  a federal, state, or local
    43  government entity, public benefit corporation, or public housing author-
    44  ity.
    45    2. "Area median income" means the income limits as defined annually by
    46  the U.S. Department of Housing and Urban Development (HUD) for  the  New
    47  York,  NY  HUD Metro FMR Area (HMFA), as established in section three of
    48  the Housing Act of nineteen hundred thirty-seven, as amended.
    49    3. "Dwelling unit" has the meaning ascribed to such term in the  hous-
    50  ing maintenance code.
    51    4.  "Full  obstruction" means the occupation of the entire length of a
    52  curb lane, vehicular travel lane, or sidewalk  for  construction-related

        S. 3008                            31                            A. 3008
 
     1  activity  where  there  is a permit issued to close such length to motor
     2  vehicles, pedestrians, or bicyclists.
     3    5. "Partial obstruction" means the occupation of all or a portion of a
     4  length  of a sidewalk for construction-related activity where there is a
     5  permit issued to provide a temporary pedestrian pathway, either  in  the
     6  curb  lane, on the sidewalk, or within the building envelope of an adja-
     7  cent structure.
     8    6. "Pedestrian plaza" means an area designated by  the  department  of
     9  transportation  in  the city of New York for pedestrian circulation, use
    10  and enjoyment on property under  the  jurisdiction  of  such  department
    11  including,  but  not  limited  to,  property mapped as a public place or
    12  property within the bed of a roadway, and which  may  contain  amenities
    13  such  as tables, seating, trees, plants, lighting, bike racks, or public
    14  art.
    15    7. "Person" means a natural  person,  co-partnership,  firm,  company,
    16  association,  joint  stock association, corporation or other like organ-
    17  ization.
    18    § 1712. Establishment of surcharge for obstruction  or  closure  of  a
    19  street  for  construction activity. 1. Notwithstanding the provisions of
    20  any law to the contrary, every city having a population of  one  million
    21  or more, acting through its local legislative body, is hereby authorized
    22  and  empowered to adopt, amend or repeal local laws imposing a surcharge
    23  within its territorial limits on the issuance of any permit relating  to
    24  the  obstruction  or  closure  of  a  street or pedestrian plaza for the
    25  purpose of construction required for:
    26    (a) Placing construction material on a street during working hours;
    27    (b) Placing construction equipment other than cranes or derricks on  a
    28  street during working hours;
    29    (c) Temporarily closing a sidewalk;
    30    (d) Constructing a temporary pedestrian walk in a roadway;
    31    (e) Temporarily closing a roadway;
    32    (f) Placing a shanty or trailer on a street;
    33    (g) Crossing a sidewalk;
    34    (h) Placing a crane or derrick on a street during working hours;
    35    (i)  Storing  construction  material  on  a  street during non-working
    36  hours;
    37    (j) Storing construction equipment  on  a  street  during  non-working
    38  hours; or
    39    (k) Other construction activity that requires the issuance of a permit
    40  by the department of transportation in a city having a population of one
    41  million or more for the obstruction or closure of a street or pedestrian
    42  plaza.
    43    2.  The  rate  of  such surcharge shall be imposed based on a schedule
    44  that takes into consideration the geographical zone in which the  permit
    45  is issued and in no case shall be:
    46    (a)  For a permit for the partial obstruction of a sidewalk, less than
    47  fifty cents or more than fifty dollars for up to and including ten line-
    48  ar feet of sidewalk per day;
    49    (b) For a permit for the full obstruction of  a  sidewalk,  less  than
    50  twenty dollars or more than one thousand dollars for up to and including
    51  one hundred linear feet of sidewalk per day;
    52    (c)  For  a  permit for the full obstruction of a curb lane, less than
    53  ten dollars or more than one hundred dollars for up to and including ten
    54  linear feet of curb lane per day;
    55    (d) For a permit for the full obstruction of a vehicular travel  lane,
    56  less  than  two hundred dollars or more than two thousand dollars for up

        S. 3008                            32                            A. 3008

     1  to and including one hundred linear feet of vehicular  travel  lane  per
     2  day; and
     3    (e)  For  a permit for the full obstruction of any portion of a pedes-
     4  trian plaza, less than ten cents or more than one dollar and twenty-five
     5  cents for up to and including ten square feet of  pedestrian  plaza  per
     6  day.
     7    3.  Any  local  law  enacted  pursuant to this article may authorize a
     8  reduction of the surcharge imposed for the initial three hundred  sixty-
     9  five days for which a permit has been issued, at a rate no more than:
    10    (a)  sixty  percent  of the surcharge due for days one through ninety;
    11  and
    12    (b) forty percent of the surcharge due  for  days  ninety-one  through
    13  three hundred sixty-five.
    14    4.  Any  local  law  enacted  pursuant to this article may authorize a
    15  reduction of the surcharge imposed to the extent a permit is issued  for
    16  construction  relating  to  the  creation  or preservation of affordable
    17  housing units. Such reduction shall be in proportion to  the  percentage
    18  of affordable housing units created or preserved.
    19    §  1713. Application and exemptions. 1. Surcharge to be in addition to
    20  monies owed. Any surcharge imposed under the authority of  this  article
    21  shall  be  in  addition to any and all other fees or taxes authorized or
    22  imposed under any other provision of law.  This  article  shall  not  be
    23  construed  as  limiting the power of any city, county or school district
    24  to impose any other fee or tax which it is authorized  to  impose  under
    25  any other provision of law.
    26    2.  Any  local  law enacted pursuant to this article shall exempt from
    27  the surcharge authorized herein any permit issued to:
    28    (a) The state of New York, or any of its agencies,  instrumentalities,
    29  public corporations or political subdivisions where it is the permittee;
    30    (b)  The United States of America, and any of its agencies and instru-
    31  mentalities, insofar as it is immune  from  taxation  where  it  is  the
    32  permittee; or
    33    (c)  Any person where the construction for which such permit is issued
    34  relates to the creation or preservation  of  affordable  housing  units;
    35  provided  that  such  affordable  housing  units constitute no less than
    36  fifty percent of the total number of dwelling units created or preserved
    37  by such construction.
    38    § 1714. Administration and collection of surcharge. 1.  The  surcharge
    39  authorized  by section seventeen hundred twelve of this article shall be
    40  administered and collected in such manner as may be  provided  in  local
    41  laws with such amendments in respect to administration and collection as
    42  may  be enacted, including through the commencement of actions and issu-
    43  ance of tax warrants in a manner consistent  with  the  commencement  of
    44  actions  and issuance of warrants pursuant to subdivisions a, b and d of
    45  section 11-1614 of the administrative code of the city of New York.
    46    2. Any local law enacted pursuant to this article shall  require  that
    47  the  surcharge  be  paid  to  the agency issuing the permit prior to the
    48  issuance or renewal of such permit for the term of  such  permit,  in  a
    49  form and manner determined by such agency.
    50    3. Such surcharge shall not be refundable except where a reduction for
    51  such  surcharge  is  authorized  pursuant to subdivision four of section
    52  seventeen hundred twelve of this article and  an  application  for  such
    53  reduction  is filed with the department of transportation no later than:
    54  (a) eighteen months after execution of: (i) an agreement with a federal,
    55  state or local government entity, public benefit corporation  or  public
    56  housing  authority, relating to the creation or preservation of afforda-

        S. 3008                            33                            A. 3008
 
     1  ble housing units; or (ii) a similar instrument; or (b) eighteen  months
     2  after payment of such surcharge.
     3    §  1715. Limitations on assessment of surcharge. Except in the case of
     4  a willfully false or fraudulent permit application with intent to  evade
     5  the  surcharge  authorized by the provisions of this article, no assess-
     6  ment of additional surcharge shall be made with respect to the surcharge
     7  imposed under the authority of this article,  after  the  expiration  of
     8  more than three years from the date of the permit application or renewal
     9  thereof,  provided,  however,  that  where  no such application has been
    10  filed, or where there has been a change  relating  to  the  use  of  the
    11  street or pedestrian plaza for which a permit has been issued that would
    12  increase  the  amount  of  surcharge  liability, as provided by law, the
    13  surcharge may be assessed at any time. Where a  person  subject  to  the
    14  surcharge authorized by the provisions of this article makes a change or
    15  correction  to  a  permit  that  has been issued, as provided by law, an
    16  assessment may be made at any time within two years after  the  applica-
    17  tion  for  such permit was filed. Any local law enacted pursuant to this
    18  article shall authorize enforcement remedies, including but not  limited
    19  to  the  imposition  of civil penalties in an amount no greater than ten
    20  percent of such surcharge  where  a  person  subject  to  the  surcharge
    21  authorized by the provisions of this article fails to pay such surcharge
    22  by failing to submit the required permit application.
    23    §  1716. Judicial review. Any final determination of the amount of any
    24  surcharge payable under this article  shall  be  reviewable  for  error,
    25  illegality  or  unconstitutionality  or any other reason whatsoever by a
    26  proceeding under article seventy-eight of the  civil  practice  law  and
    27  rules  if  application therefor is made to the supreme court within four
    28  months after the giving of  the  notice  of  such  final  determination,
    29  provided,  however, that any such proceeding under article seventy-eight
    30  of the civil practice law and rules shall not be instituted by a  person
    31  liable  for such surcharge unless: 1. the amount of any surcharge sought
    32  to be reviewed, with such interest  and  penalties  thereon  as  may  be
    33  provided  for  by  local law or regulation, shall be first deposited and
    34  there is filed an undertaking, issued by a surety company authorized  to
    35  transact  business  in  this state and approved by the superintendent of
    36  financial services of this state as to solvency and  responsibility,  in
    37  such  amount  as  a  justice  of  the supreme court shall approve to the
    38  effect that if such proceeding be dismissed or surcharge confirmed  such
    39  liable  person  will  pay  all costs and charges which may accrue in the
    40  prosecution of such proceeding; or 2.   at the  option  of  such  liable
    41  person,  such  undertaking  may  be  in  a  sum  sufficient to cover the
    42  surcharge, interest and penalties stated in such determination, plus the
    43  costs and charges which may accrue against such  liable  person  in  the
    44  prosecution  of  the  proceeding, in which event the liable person shall
    45  not be required to pay such surcharge, interest or penalties as a condi-
    46  tion precedent to the application.
    47    § 2. Title 11 of the administrative code of the city of  New  York  is
    48  amended by adding a new chapter 32 to read as follows:
    49                                 CHAPTER 32
    50      SURCHARGE ON ISSUANCE OF A PERMIT FOR OBSTRUCTING OR CLOSING THE
    51                      STREET FOR CONSTRUCTION PURPOSES
    52  Section 11-3200 Applicability.
    53          11-3201 Definitions.
    54          11-3202 Surcharge for permit to obstruct or close the street for
    55                   construction-related purposes.
    56          11-3203 General powers of the commissioner of transportation.

        S. 3008                            34                            A. 3008
 
     1          11-3204 Presumption and burden of proof; payment of surcharge.
     2          11-3205 Records to be kept.
     3          11-3206 Exemptions.
     4          11-3207 Determination of surcharge.
     5          11-3208 Remedies exclusive.
     6          11-3209 Proceedings to recover surcharge.
     7          11-3210 Penalties and interest.
     8          11-3211 Notices and limitations of time.
     9    §  11-3200  Applicability.  The  provisions of this chapter shall only
    10  apply during any period  in  which  a  local  law  implementing  article
    11  forty-four-D  of  the  vehicle  and traffic law is not in effect, except
    12  that any provision of this chapter relating to the collection,  adminis-
    13  tration,  or enforcement of a surcharge imposed pursuant to this chapter
    14  shall continue to be in effect during such period as it relates to  such
    15  surcharge.
    16    §  11-3201  Definitions.  For  purposes of this chapter, the following
    17  terms shall have the following meanings:
    18    (a) Affordable housing unit. The term "affordable housing unit"  means
    19  a  residential  dwelling unit that must be affordable to residents at or
    20  below a specific income level, provided that such level does not  exceed
    21  one  hundred  sixty-five  percent of the area median income, pursuant to
    22  statute, regulation, restrictive covenant or declaration, or pursuant to
    23  a regulatory agreement with a federal, state, or local government  enti-
    24  ty, public benefit corporation or public housing authority.
    25    (b) Area median income. The term "area median income" means the income
    26  limits  as  defined annually by the U.S. Department of Housing and Urban
    27  Development (HUD) for the New York, NY HUD Metro  FMR  Area  (HMFA),  as
    28  established  in  section  three  of  the Housing Act of nineteen hundred
    29  thirty-seven, as amended.
    30    (c) Central business district. The term  "central  business  district"
    31  means  the  geographic  area  of  the  borough of Manhattan south of and
    32  inclusive of sixtieth street.
    33    (d) Construction permit. The term "construction permit" means a permit
    34  issued by the department of transportation relating to  the  obstruction
    35  or  closure  of  a  street  or  pedestrian  plaza  for  the  purpose  of
    36  construction that is required for:
    37    (1) Placing construction material on a street during working hours;
    38    (2) Placing construction equipment other than cranes or derricks on  a
    39  street during working hours;
    40    (3) Temporarily closing a sidewalk;
    41    (4) Constructing a temporary pedestrian walk in a roadway;
    42    (5) Temporarily closing a roadway;
    43    (6) Placing a shanty or trailer on a street;
    44    (7) Crossing a sidewalk;
    45    (8) Placing a crane or derrick on a street during working hours;
    46    (9)  Storing  construction  material  on  a  street during non-working
    47  hours;
    48    (10) Storing construction equipment on  a  street  during  non-working
    49  hours; or
    50    (11)  Other  construction  activity  that  requires  the issuance of a
    51  permit by the  department  of  transportation  for  the  obstruction  or
    52  closure of a street or pedestrian plaza.
    53    (e)  Dwelling  unit. The term "dwelling unit" has the meaning ascribed
    54  to such term in the housing maintenance code.
    55    (f) Full obstruction. The term "full obstruction" means the occupation
    56  of the entire length of a curb lane, vehicular travel lane, or  sidewalk

        S. 3008                            35                            A. 3008
 
     1  for  construction-related  activity  where  there  is a permit issued to
     2  close such length to motor vehicles, pedestrians, or bicyclists.
     3    (g)  Partial  obstruction.  The  term  "partial obstruction" means the
     4  occupation of all or a portion of a length of a sidewalk  for  construc-
     5  tion-related activity where there is a permit issued to provide a tempo-
     6  rary  pedestrian  pathway,  either in the curb lane, on the sidewalk, or
     7  within the building envelope of an adjacent structure.
     8    (h) Pedestrian plaza. The term "pedestrian plaza" means an area desig-
     9  nated by the department of transportation as such for pedestrian  circu-
    10  lation,  use  and  enjoyment  on  property under the jurisdiction of the
    11  department including, but not limited to, property mapped  as  a  public
    12  place  or  property  within  the bed of a roadway, and which may contain
    13  amenities such as tables, seating, trees, plants, lighting, bike  racks,
    14  or public art.
    15    (i)  Roadway.  The  term  "roadway"  means  that  portion  of a street
    16  designed, improved or ordinarily used for vehicular travel, exclusive of
    17  the shoulder and slope.
    18    (j) Sidewalk. The term "sidewalk"  means  that  portion  of  a  street
    19  between the curb lines, or the lateral lines of a roadway, and the adja-
    20  cent property lines, but not including the curb, intended for the use of
    21  pedestrians.
    22    §  11-3202  Surcharge  for  permit to obstruct or close the street for
    23  construction-related purposes. (a) A surcharge is imposed on  the  issu-
    24  ance of any construction permit.
    25    (b) The rate of such surcharge shall be: (1) For a construction permit
    26  for  the  partial  obstruction of a sidewalk, five dollars for up to and
    27  including ten linear feet of sidewalk per day, except for in the central
    28  business district, where the rate shall be ten dollars  for  up  to  and
    29  including ten linear feet of sidewalk per day;
    30    (2)  For a construction permit for the full obstruction of a sidewalk,
    31  two hundred dollars for up to and including one hundred linear feet  per
    32  day, except for in the central business district where the rate shall be
    33  four hundred dollars for up to and including one hundred linear feet per
    34  day;
    35    (3) For a construction permit for the full obstruction of a curb lane,
    36  fifteen dollars for up to and including ten linear feet of curb lane per
    37  day, except for in the central business district where the rate shall be
    38  thirty-five dollars for up to and including ten linear feet per day;
    39    (4)  For a construction permit for the full obstruction of a vehicular
    40  travel lane, three hundred dollars for up to and including  one  hundred
    41  linear  feet of vehicular travel lane per day, except for in the central
    42  business district where the rate shall be seven hundred dollars  for  up
    43  to  and  including  one hundred linear feet of vehicular travel lane per
    44  day; and
    45    (5) For a construction permit for the full obstruction of any  portion
    46  of  a  pedestrian plaza, thirty cents for up to and including ten square
    47  feet of vehicular travel lane per day, except for in the  central  busi-
    48  ness  district where the rate shall be sixty cents for up to and includ-
    49  ing ten square feet of pedestrian plaza per day.
    50    (c) Such rate shall be reduced for the initial  three  hundred  sixty-
    51  five days for which the construction permit has been issued as follows:
    52    (1)  sixty  percent  of the surcharge due for days one through ninety;
    53  and
    54    (2) forty percent of the surcharge due  for  days  ninety-one  through
    55  three hundred sixty-five.

        S. 3008                            36                            A. 3008
 
     1    (d)  Such  rate  shall  be  reduced in proportion to the percentage of
     2  affordable housing units created or preserved.
     3    §  11-3203  General  powers of the commissioner of transportation. The
     4  commissioner of transportation is hereby authorized and empowered:
     5    (a) To make, adopt and amend rules and regulations appropriate to  the
     6  carrying out of this chapter and the purposes thereof;
     7    (b)  To  prescribe  methods  for  determining the construction permits
     8  issued or the length or area of street or pedestrian plaza obstructed;
     9    (c) To require construction contractors, construction managers, design
    10  engineers, or other persons, as applicable,  to  maintain  records  with
    11  respect  to streets and pedestrian plazas obstructed, and to furnish any
    12  information with respect thereto upon request  to  the  commissioner  of
    13  transportation;
    14    (d) To assess, determine and readjust the surcharge imposed under this
    15  chapter;
    16    (e)  (1)  To  administer  oaths  and  take affidavits, or to cause the
    17  employees or officers of the department of transportation to  administer
    18  oaths  and  affidavits  in  relation  to any matter or proceeding in the
    19  exercise of their powers and duties under this chapter; and
    20    (2) To subpoena and  require  the  attendance  of  witnesses  and  the
    21  production  of  books, papers and documents to secure information perti-
    22  nent to the performance of such commissioner's duties pursuant  to  this
    23  chapter  and  of  the enforcement of this chapter and to examine them in
    24  relation thereto, and  to  issue  commissions  for  the  examination  of
    25  witnesses  who  are  out  of  the  state or unable to attend before such
    26  commissioner or excused from attendance;
    27    (f) To remit penalties but not interest; and  to  compromise  disputed
    28  claims in connection with the surcharge hereby imposed; and
    29    (g)  To  delegate the functions hereunder to an assistant commissioner
    30  or deputy commissioner of transportation or to any employee or employees
    31  of such commissioner.
    32    § 11-3204 Presumption and burden of proof; payment of  surcharge.  (a)
    33  If  a street or pedestrian plaza is obstructed without the issuance of a
    34  valid construction permit,  or  if  a  street  or  pedestrian  plaza  is
    35  obstructed  beyond  the  area  or beyond the time period authorized in a
    36  construction permit, in a manner that would subject such obstruction  to
    37  the  surcharge described in section 11-3202 of this chapter, there shall
    38  be a rebuttable presumption that such  obstruction  is  subject  to  the
    39  surcharge. If an obstruction is observed beyond the time period in which
    40  such obstruction was authorized in a construction permit, there shall be
    41  a  rebuttable  presumption  that  such obstruction occurred continuously
    42  until such observation. If an obstruction is observed beyond the area in
    43  which such obstruction was authorized in a  construction  permit,  there
    44  shall be a rebuttable presumption that such obstruction occurred contin-
    45  uously  from  the point at which such construction permit authorized any
    46  obstruction. Such presumption shall prevail until the contrary is estab-
    47  lished and the burden of proving the contrary shall be upon  the  person
    48  to  whom  the construction permit is issued. Such surcharge shall be due
    49  against the person to whom the construction permit is issued, or  if  no
    50  such  permit  was  issued, against the person creating such obstruction.
    51  Any person under contract with such person for the performance  of  work
    52  or  other  activity  creating  such obstruction shall also be liable for
    53  such surcharge.
    54    (b) For the purpose of proper administration of this  chapter  and  to
    55  prevent  evasion  of  the  surcharge  authorized under this chapter, the
    56  surcharge authorized by this chapter shall be due prior to issuance of a

        S. 3008                            37                            A. 3008
 
     1  construction permit. The payment shall be made by the person to whom the
     2  construction permit is issued and shall be paid  to  the  department  of
     3  transportation in accordance with rules of such department.
     4    (c)  The  surcharge  shall not be refundable, except where a reduction
     5  for such surcharge is authorized pursuant to subdivision (d) of  section
     6  11-3202  of  this chapter and an application for such reduction is filed
     7  with the department of transportation no later than: (1) eighteen months
     8  after execution of: (i) an agreement with  a  federal,  state  or  local
     9  government entity, public benefit corporation, or public housing author-
    10  ity,  relating  to  the  creation  or preservation of affordable housing
    11  units; or (ii) a  similar  instrument;  or  (2)  eighteen  months  after
    12  payment of such surcharge.
    13    §  11-3205  Records  to  be  kept. Every person to whom a construction
    14  permit has been issued shall keep records in such form and manner as the
    15  commissioner may by rule require. Such records shall be preserved for  a
    16  period  of  three  years  from the date of issuance of such construction
    17  permit. Such records shall be available for inspection  and  examination
    18  upon  demand by the commissioner of transportation or the commissioner's
    19  duly authorized agent or employee.
    20    § 11-3206 Exemptions. The surcharge imposed pursuant to the  authority
    21  of  section  11-3202  of  this  chapter  shall  not  be  imposed  on any
    22  construction permit issued to:
    23    (a) The state of New York, or any of its agencies;  instrumentalities,
    24  public corporations or political subdivisions where it is the permittee;
    25    (b)  The United States of America, and any of its agencies and instru-
    26  mentalities, insofar as it is immune  from  taxation  where  it  is  the
    27  permittee; or
    28    (c)  Any person where the construction for which such permit is issued
    29  relates to the creation or  preservation  of  affordable  housing  units
    30  provided  that  such  affordable  housing  units constitute no less than
    31  fifty percent of the total number of dwelling units created or preserved
    32  by such construction.
    33    § 11-3207 Determination of  surcharge.  If  a  surcharge  required  by
    34  section  11-3202  of  this  chapter is not paid, or if the amount of the
    35  surcharge that is paid is  incorrect  or  insufficient,  the  amount  of
    36  surcharge  due shall be determined by the commissioner of transportation
    37  from such information as may be  obtainable,  and,  if  necessary,  such
    38  surcharge  may  be  estimated  on the basis of factors determined by the
    39  commissioner of transportation, in accordance with the presumptions  set
    40  forth  in subdivision (a) of section 11-3204 of this chapter.  Notice of
    41  such determination shall be given to the person liable for  the  payment
    42  of  the surcharge.  Such determination shall finally and irrevocably fix
    43  the surcharge unless the person against  whom  it  is  assessed,  within
    44  ninety  days  after  giving notice of such determination, shall apply to
    45  the hearing officer at the department of transportation for  a  hearing,
    46  or  unless  the commissioner of transportation on their own motion shall
    47  redetermine the same.  After such hearing, the commissioner of transpor-
    48  tation's determination shall be  reviewable  for  error,  illegality  or
    49  unconstitutionality or any other reason whatsoever by a proceeding under
    50  article seventy-eight of the civil practice law and rules if application
    51  therefor is made to the supreme court within four months after giving of
    52  the  notice  of  such determination. A proceeding under article seventy-
    53  eight of the civil practice  law  and  rules  shall  not  be  instituted
    54  unless:    (a)  the  amount of any surcharge sought to be reviewed, with
    55  penalties and interest thereon, if any, shall be  first  deposited  with
    56  the  commissioner  of  transportation  and there shall be filed with the

        S. 3008                            38                            A. 3008
 
     1  commissioner of transportation an undertaking, issued by a surety compa-
     2  ny authorized to transact business in this state, and  approved  by  the
     3  superintendent  of  insurance of this state as to solvency and responsi-
     4  bility,  in  such amount as a justice of the supreme court shall approve
     5  to the effect that if such proceeding  be  dismissed  or  the  surcharge
     6  confirmed,  the  petitioner  will  pay  all  costs and charges which may
     7  accrue in the prosecution of the proceeding; or (b) at the option of the
     8  applicant such undertaking filed with the commissioner of transportation
     9  may be in a sum sufficient to cover the surcharges, penalties and inter-
    10  est thereon stated in such determination  plus  the  costs  and  charges
    11  which  may  accrue  against  it in the prosecution of the proceeding, in
    12  which event  the  applicant  shall  not  be  required  to  deposit  such
    13  surcharges,  penalties  and  interest  as  a  condition precedent to the
    14  application.
    15    § 11-3208 Remedies exclusive. The remedies provided by section 11-3207
    16  of this chapter shall be the exclusive remedy available  to  any  person
    17  for the review of liability for the surcharge imposed by section 11-3202
    18  of  this  chapter;  and  no  determination  or proposed determination of
    19  surcharge shall be enjoined or reviewed by  an  action  for  declaratory
    20  judgment,  an  action  for  money  had  and received or by any action or
    21  proceeding other than  a  proceeding  in  the  nature  of  a  certiorari
    22  proceeding  under  article  seventy-eight  of the civil practice law and
    23  rules; provided, however, that such person may  proceed  by  declaratory
    24  judgment if such person institutes suit within thirty days after a defi-
    25  ciency  assessment is made and pays the amount of the deficiency assess-
    26  ment to the commissioner of transportation prior to the  institution  of
    27  such  suit  and posts a bond for costs as provided in section 11-3207 of
    28  this chapter.
    29    § 11-3209 Proceedings to recover surcharge. (a) Whenever any person to
    30  whom a construction permit has been issued fails to pay the correct  and
    31  sufficient  surcharge,  penalty  or  interest imposed by this chapter as
    32  therein provided, the commissioner of transportation  shall  notify  the
    33  commissioner  of finance of all relevant records determined necessary by
    34  the commissioner of finance to facilitate collection of such  surcharge.
    35  The  corporation  counsel shall, upon the request of the commissioner of
    36  finance bring or cause to be brought an action to enforce the payment of
    37  the same on behalf of the city of New York in any court of the state  of
    38  New York or of any other state or of the United States. If, however, the
    39  commissioner  of  finance  in  their  discretion  believes that any such
    40  person is about to cease business, leave the state or remove  or  dissi-
    41  pate the assets out of which the surcharge, penalty or interest might be
    42  satisfied,  and that any such surcharge, penalty or interest will not be
    43  paid when due, the commissioner of finance may declare  such  surcharge,
    44  penalty  or  interest  to be immediately due and payable and may issue a
    45  warrant immediately.
    46    (b) As an additional or alternate remedy, the commissioner of  finance
    47  may  issue  a  warrant, directed to the city sheriff commanding the city
    48  sheriff to levy upon and sell the real  and  personal  property  of  the
    49  person liable for the surcharge, which may be found within the city, for
    50  the  payment of the amount thereof, with any penalties and interest, and
    51  the cost of executing the warrant, and to return  such  warrant  to  the
    52  commissioner  of  finance  and to pay to the commissioner of finance the
    53  money collected by virtue thereof within sixty days after the receipt of
    54  such warrant. The city sheriff shall within five days after the  receipt
    55  of  the warrant file with the county clerk a copy thereof, and thereupon
    56  such clerk shall enter in the judgment docket the  name  of  the  person

        S. 3008                            39                            A. 3008
 
     1  mentioned  in the warrant and the amount of the surcharge, penalties and
     2  interest for which the warrant is issued and the date when such copy  is
     3  filed.  Thereupon  the amount of such warrant so docketed shall become a
     4  lien upon the title to and interest in real and personal property of the
     5  person  against whom the warrant is issued.  The city sheriff shall then
     6  proceed upon the warrant, in the same manner, and with like  effect,  as
     7  that  provided  by  law in respect to executions issued against property
     8  upon judgments of a court of record, and for services in  executing  the
     9  warrant  the city sheriff shall be entitled to the same fees, which such
    10  city sheriff may collect in the same manner. In the  discretion  of  the
    11  commissioner of finance a warrant of like terms, force and effect may be
    12  issued  and  directed  to  any  officer or employee of the department of
    13  finance, and in the execution thereof such  officer  or  employee  shall
    14  have  all  the powers conferred by law upon sheriffs, but shall be enti-
    15  tled to no fee or compensation in excess of the actual expenses paid  in
    16  the  performance of such duty. If a warrant is returned not satisfied in
    17  full, the commissioner of finance  may  from  time  to  time  issue  new
    18  warrants and shall also have the same remedies to enforce the amount due
    19  thereunder as if the city had recovered judgment therefore and execution
    20  thereon had been returned unsatisfied.
    21    (c)  The  commissioner of finance, if such commissioner finds that the
    22  interests of the city will not thereby be  jeopardized,  and  upon  such
    23  conditions  as  the commissioner of finance may require, may release any
    24  property from the lien of any warrant or vacate such warrant for  unpaid
    25  surcharges,  penalties and interest filed pursuant to subdivision (b) of
    26  this section, and such  release  or  vacating  of  the  warrant  may  be
    27  recorded  in  the  office of any recording officer in which such warrant
    28  has been filed. The clerk shall thereupon cancel and discharge as of the
    29  original date of docketing the vacated warrant.
    30    § 11-3210 Penalties and interest. (a) Any person failing  to  pay  any
    31  surcharge to the commissioner of transportation within the time required
    32  by  this  chapter  shall  be subject to a penalty of five percent of the
    33  amount of surcharge due; plus interest at the rate  of  one  percent  of
    34  such  surcharge  for each month of delay excepting the first month after
    35  such surcharge became due; but the  commissioner  of  transportation  if
    36  satisfied  that  the  delay  was excusable, may remit all or any part of
    37  such penalty, but not interest at the rate of six percent per year. Such
    38  penalties and interest shall be paid and disposed of in the same  manner
    39  as  other  revenues from this chapter. Unpaid penalties and interest may
    40  be enforced in the same manner as the surcharge imposed by this chapter.
    41    (b) Any person failing to keep the records required by subdivision (c)
    42  of section 11-3203 of this chapter, shall, in addition to the  penalties
    43  herein  or  elsewhere  prescribed,  be  subject to a civil penalty in an
    44  amount up to one hundred dollars per day from the date on which a deter-
    45  mination has been made that any such person  failed  to  keep  any  such
    46  records until the date on which such records are provided, provided that
    47  such  period  shall  be no greater than three years. It shall not be any
    48  defense to an action under this subdivision that the failure to keep the
    49  records was unintentional or not willful.
    50    (c) The certificate of  the  commissioner  of  transportation  to  the
    51  effect  that  a  surcharge has not been paid or that information has not
    52  been supplied pursuant to the  provisions  of  this  chapter,  shall  be
    53  presumptive evidence thereof.
    54    (d) Any person failing to submit the required permit application for a
    55  construction permit and who fails to pay the surcharge authorized by the
    56  provisions  of  this chapter, shall, in addition to the penalties herein

        S. 3008                            40                            A. 3008
 
     1  or elsewhere prescribed, be subject to a civil penalty in an  amount  no
     2  greater than ten percent of such surcharge.
     3    §  11-3211  Notices and limitations of time. (a) Any notice authorized
     4  or required under the provisions of this chapter may be given by mailing
     5  the same to the person for whom it is intended in  a  postpaid  envelope
     6  addressed to such person at the address given in the construction permit
     7  issued  to such person pursuant to the rules of the city of New York or,
     8  if no permit has been issued to such person, then to such address as may
     9  be obtainable. The mailing of such notice shall be presumptive  evidence
    10  of  the  receipt of the same by the person to whom addressed. Any period
    11  of time which is determined according to the provisions of this  chapter
    12  by  the  giving of notice shall commence to run from the date of mailing
    13  of such notice.
    14    (b) The provisions of the civil practice law and rules  or  any  other
    15  law relative to limitations of time for the enforcement of a civil reme-
    16  dy  shall  not  apply  to  any proceeding or action taken by the city to
    17  levy, appraise, assess, determine  or  enforce  the  collection  of  any
    18  surcharge  or  penalty  provided by this chapter. However, except in the
    19  case of a willfully false or fraudulently obtained  construction  permit
    20  with  intent  to  evade  the  surcharge,  no  assessment  of  additional
    21  surcharge shall be made after the expiration of more  than  three  years
    22  from  the  date  of the issuance of a construction permit or the renewal
    23  thereof; provided, however, that where no construction permit  has  been
    24  issued,  or  where  there  has  been a change relating to the use of the
    25  street for which a  construction  permit  has  been  issued  that  would
    26  increase  the  amount  of the surcharge, any additional surcharge may be
    27  assessed at any time.
    28    § 3. Any local law enacted pursuant to the authority of section one of
    29  this act shall designate an agency to adopt  rules  and  regulations  to
    30  implement the provisions of such section.
    31    §  4.  This act shall take effect immediately, except that section two
    32  of this act shall take effect January 1, 2028.
 
    33                                   PART Q
 
    34    Section 1. The section heading, paragraphs 1, 2,  4  and  subparagraph
    35  (i)  of paragraph 6 of subdivision (a), subdivisions (b), (e), (f), (h),
    36  (i), (j), paragraph 3 of subdivision (g) and the  opening  paragraph  of
    37  subdivision  (m)  of  section  1180-e of the vehicle and traffic law, as
    38  added by chapter 421 of the  laws  of  2021,  are  amended  to  read  as
    39  follows:
    40    Owner  liability for failure of operator to comply with certain posted
    41  maximum speed limits; highway construction or maintenance work area.
    42    1. Notwithstanding any other provision of  law,  the  commissioner  of
    43  transportation  is  hereby  authorized  to  establish  a [demonstration]
    44  program imposing monetary liability on the owner of a vehicle for  fail-
    45  ure of an operator thereof to comply with posted maximum speed limits in
    46  a  highway  construction  or  maintenance  work  area located on a cont-
    47  rolled-access highway (i) when highway construction or maintenance  work
    48  is  occurring  and  a  work area speed limit is in effect as provided in
    49  paragraph two of subdivision (d) or subdivision (f)  of  section  eleven
    50  hundred  eighty  of  this  article  or (ii) when highway construction or
    51  maintenance work is occurring and other speed limits are  in  effect  as
    52  provided  in  subdivision (b) or (g) or paragraph one of subdivision (d)
    53  of section eleven hundred eighty of this article.  Such  [demonstration]
    54  program  shall empower the commissioner to install photo speed violation

        S. 3008                            41                            A. 3008
 
     1  monitoring systems within no more than twenty  highway  construction  or
     2  maintenance  work  areas  located  on  controlled-access highways and to
     3  operate  such  systems  within  such  work  areas  (iii)  when   highway
     4  construction  or  maintenance  work  is  occurring and a work area speed
     5  limit is in effect as provided in paragraph two of  subdivision  (d)  or
     6  subdivision (f) of section eleven hundred eighty of this article or (iv)
     7  when  highway  construction  or  maintenance work is occurring and other
     8  speed limits are in effect as provided in  subdivision  (b)  or  (g)  or
     9  paragraph  one  of  subdivision  (d) of section eleven hundred eighty of
    10  this article. The commissioner, in consultation with the  superintendent
    11  of  the  division  of  state police, shall determine the location of the
    12  highway construction or maintenance work areas located on a  controlled-
    13  access  highway  in  which  to install and operate photo speed violation
    14  monitoring systems. In selecting a highway construction  or  maintenance
    15  work  area in which to install and operate a photo speed violation moni-
    16  toring system, the commissioner shall consider criteria  including,  but
    17  not  limited  to,  the  speed  data, crash history, and roadway geometry
    18  applicable to such highway construction  or  maintenance  work  area.  A
    19  photo  speed violation monitoring system shall not be installed or oper-
    20  ated on a controlled-access highway exit ramp.
    21    2. Notwithstanding any other provision of law, [after holding a public
    22  hearing in accordance  with  the  public  officers  law  and  subsequent
    23  approval  of  the establishment of a demonstration program in accordance
    24  with this section by a majority of the members of the  entire  board  of
    25  the  thruway  authority,]  the  chair of the thruway authority is hereby
    26  authorized to establish  a  [demonstration]  program  imposing  monetary
    27  liability  on  the owner of a vehicle for failure of an operator thereof
    28  to comply with posted maximum speed limits in a highway construction  or
    29  maintenance   work   area  located  on  the  thruway  (i)  when  highway
    30  construction or maintenance work is occurring  and  a  work  area  speed
    31  limit  is  in  effect as provided in paragraph two of subdivision (d) or
    32  subdivision (f) of section eleven hundred eighty of this article or (ii)
    33  when highway construction or maintenance work  is  occurring  and  other
    34  speed  limits  are  in  effect  as provided in subdivision (b) or (g) or
    35  paragraph one of subdivision (d) of section  eleven  hundred  eighty  of
    36  this  article.  Such  [demonstration] program shall empower the chair to
    37  install photo speed violation monitoring systems within no more than ten
    38  highway construction or maintenance work areas located  on  the  thruway
    39  and  to  operate  such systems within such work areas (iii) when highway
    40  construction or maintenance work is occurring  and  a  work  area  speed
    41  limit  is  in  effect as provided in paragraph two of subdivision (d) or
    42  subdivision (f) of section eleven hundred eighty of this article or (iv)
    43  when highway construction or maintenance work  is  occurring  and  other
    44  speed  limits  are  in  effect  as provided in subdivision (b) or (g) or
    45  paragraph one of subdivision (d) of section  eleven  hundred  eighty  of
    46  this  article. The chair, in consultation with the superintendent of the
    47  division of state police, shall determine the location  of  the  highway
    48  construction  or  maintenance work areas located on the thruway in which
    49  to install and operate photo  speed  violation  monitoring  systems.  In
    50  selecting  a  highway  construction or maintenance work area in which to
    51  install and operate a photo speed violation monitoring system, the chair
    52  shall consider criteria including, but not limited to, the  speed  data,
    53  crash   history,   and  roadway  geometry  applicable  to  such  highway
    54  construction or maintenance work area. A photo speed violation  monitor-
    55  ing system shall not be installed or operated on a thruway exit ramp.

        S. 3008                            42                            A. 3008
 
     1    4.  Operators  of  photo speed violation monitoring systems shall have
     2  completed training in the procedures for setting up, testing, and  oper-
     3  ating  such  systems. Each such operator shall complete and sign a daily
     4  set-up log for each such system that [he or she] the  operator  operates
     5  that  (i)  states  the  date  and time when, and the location where, the
     6  system was set up that day, and (ii) states that such operator  success-
     7  fully  performed,  and  the system passed, the self-tests of such system
     8  before producing a recorded image that  day.  The  commissioner  or  the
     9  chair,  as  applicable, shall retain each such daily log until the later
    10  of the date on which the photo  speed  violation  monitoring  system  to
    11  which  it  applies  has  been  permanently removed from use or the final
    12  resolution of all cases involving notices of liability issued  based  on
    13  photographs,  microphotographs,  video or other recorded images produced
    14  by such system.
    15    (i) Such [demonstration] program shall utilize necessary  technologies
    16  to  ensure,  to  the  extent  practicable, that photographs, microphoto-
    17  graphs, videotape or other recorded images produced by such photo  speed
    18  violation  monitoring systems shall not include images that identify the
    19  driver, the passengers, or the  contents  of  the  vehicle.    Provided,
    20  however,  that  no  notice  of liability issued pursuant to this section
    21  shall be dismissed solely because such  a  photograph,  microphotograph,
    22  videotape  or  other recorded image allows for the identification of the
    23  driver, the passengers, or the contents of vehicles  where  the  commis-
    24  sioner  or  the  chair,  as  applicable, shows that they made reasonable
    25  efforts to comply with the provisions of this paragraph in such case.
    26    (b) If the commissioner or chair establishes a [demonstration] program
    27  pursuant to subdivision (a) of this section,  the  owner  of  a  vehicle
    28  shall  be  liable for a penalty imposed pursuant to this section if such
    29  vehicle was used or operated with the permission of the  owner,  express
    30  or  implied,  within  a  highway  construction  or maintenance work area
    31  located on a controlled-access highway or on the thruway in violation of
    32  paragraph two of subdivision (d) or subdivision (f), or when other speed
    33  limits are in effect in violation of subdivision (b) or (g) or paragraph
    34  one of subdivision (d), of section eleven hundred eighty of  this  arti-
    35  cle,  such  vehicle  was traveling at a speed of more than ten miles per
    36  hour above  the  posted  speed  limit  in  effect  within  such  highway
    37  construction  or  maintenance work area, and such violation is evidenced
    38  by information obtained from a photo speed violation monitoring  system;
    39  provided however that no owner of a vehicle shall be liable for a penal-
    40  ty  imposed  pursuant to this section where the operator of such vehicle
    41  has been convicted of the underlying violation of subdivision (b),  (d),
    42  (f) or (g) of section eleven hundred eighty of this article.
    43    (e)  An  owner  liable for a violation of subdivision (b), (d), (f) or
    44  (g) of section eleven hundred eighty  of  this  article  pursuant  to  a
    45  [demonstration]  program  established  pursuant to this section shall be
    46  liable for monetary penalties not to exceed fifty dollars  for  a  first
    47  violation,  [seventy-five]  one hundred twenty-five dollars for a second
    48  violation both of which were  committed  within  a  period  of  eighteen
    49  months,  and  one hundred seventy-five dollars for a third or subsequent
    50  violation all of which  were  committed  within  a  period  of  eighteen
    51  months;  provided,  however, that an additional penalty not in excess of
    52  twenty-five dollars for each violation may be imposed for the failure to
    53  respond to a notice of liability within the prescribed time period.
    54    (f) An imposition  of  liability  under  the  [demonstration]  program
    55  established pursuant to this section shall not be deemed a conviction as
    56  an  operator  and  shall not be made part of the operating record of the

        S. 3008                            43                            A. 3008
 
     1  person upon whom such liability is imposed nor  shall  it  be  used  for
     2  insurance purposes in the provision of motor vehicle insurance coverage.
     3    3.  The  notice  of  liability  shall contain information advising the
     4  person charged of the manner and the time in which [he or she] the owner
     5  may contest the liability alleged in the notice. Such notice of  liabil-
     6  ity  shall also contain a prominent warning to advise the person charged
     7  that failure to contest in the manner and time provided shall be  deemed
     8  an  admission  of  liability  and that a default judgment may be entered
     9  thereon.
    10    (h) Adjudication of the liability imposed upon owners of this  section
    11  shall  be by a traffic violations bureau established pursuant to section
    12  three hundred seventy of the general municipal law where  the  violation
    13  occurred  or,  if  there be none, by [the court having jurisdiction over
    14  traffic infractions where the violation occurred, except that if a  city
    15  has  established  an  administrative  tribunal  to  hear  and  determine
    16  complaints of traffic  infractions  constituting  parking,  standing  or
    17  stopping  violations such city may, by local law, authorize such adjudi-
    18  cation by such tribunal], a hearing officer designated  by  the  commis-
    19  sioner  of motor vehicles provided, however, if a city with a population
    20  of one million or more has established  an  administrative  tribunal  to
    21  hear  and determine complaints of traffic infractions constituting park-
    22  ing, standing or stopping violations,  such  tribunal  shall  adjudicate
    23  liability pursuant to this section.
    24    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    25  section for any time period during which the vehicle or the number plate
    26  or plates of such vehicle was  reported  to  the  police  department  as
    27  having  been  stolen,  it  shall  be a valid defense to an allegation of
    28  liability for a violation of subdivision (b), (d), (f) or (g) of section
    29  eleven hundred eighty of this article pursuant to this section that  the
    30  vehicle  or the number plate or plates of such vehicle had been reported
    31  to the police as stolen prior to the time the violation occurred and had
    32  not been recovered by such time. For purposes of asserting  the  defense
    33  provided  by  this  subdivision, it shall be sufficient that a certified
    34  copy of the police report on the  stolen  vehicle  or  number  plate  or
    35  plates  of  such  vehicle  be  sent  by first class mail to the [traffic
    36  violations bureau,  court  having  jurisdiction  or  parking  violations
    37  bureau] department of transportation or thruway authority as applicable.
    38    (j) 1. [Where the adjudication of liability imposed upon owners pursu-
    39  ant  to this section is by a traffic violations bureau or a court having
    40  jurisdiction, an] An owner who is a lessor  of  a  vehicle  to  which  a
    41  notice  of  liability  was  issued  pursuant  to subdivision (g) of this
    42  section shall not be liable for the violation of subdivision  (b),  (d),
    43  (f)  or (g) of section eleven hundred eighty of this article pursuant to
    44  this section, provided that [he or she] the owner sends to the  [traffic
    45  violations bureau or court having jurisdiction] commissioner or chair as
    46  applicable  a  copy of the rental, lease or other such contract document
    47  covering such vehicle on the date of the violation, with  the  name  and
    48  address  of  the  lessee clearly legible, within thirty-seven days after
    49  receiving notice from the [bureau or court]  commissioner  or  chair  as
    50  applicable  of  the  date  and time of such violation, together with the
    51  other information contained in the original notice of liability. Failure
    52  to send such information within such thirty-seven day time period  shall
    53  render  the  owner  liable  for  the penalty prescribed by this section.
    54  Where the lessor complies with the provisions  of  this  paragraph,  the
    55  lessee  of such vehicle on the date of such violation shall be deemed to
    56  be the owner of such vehicle for purposes  of  this  section,  shall  be

        S. 3008                            44                            A. 3008

     1  subject  to  liability for the violation of subdivision (b), (d), (f) or
     2  (g) of section eleven hundred eighty of this article  pursuant  to  this
     3  section  and shall be sent a notice of liability pursuant to subdivision
     4  (g) of this section.
     5    2.  [(i)]  In  a  city which, by local law, has authorized the adjudi-
     6  cation of liability imposed upon owners by this  section  by  a  parking
     7  violations  bureau,  an  owner  who  is a lessor of a vehicle to which a
     8  notice of liability was issued  pursuant  to  subdivision  (g)  of  this
     9  section  shall  not be liable for the violation of subdivision (b), (d),
    10  (f) or (g) of section eleven hundred eighty of  this  article,  provided
    11  that:
    12    [(A)] (i) prior to the violation, the lessor has filed with the bureau
    13  in  accordance with the provisions of section two hundred thirty-nine of
    14  this chapter; and
    15    [(B)] (ii) within thirty-seven days after receiving  notice  from  the
    16  [bureau]  chair  or commissioner as applicable of the date and time of a
    17  liability, together with the other information contained in the original
    18  notice of liability, the lessor submits to the bureau the  correct  name
    19  and  address  of  the  lessee of the vehicle identified in the notice of
    20  liability at the time of such violation, together with such other  addi-
    21  tional  information  contained  in  the  rental, lease or other contract
    22  document, as may be reasonably required by the [bureau] chair or commis-
    23  sioner as applicable pursuant to regulations that may be promulgated for
    24  such purpose.
    25    [(ii)] 3. Failure to comply with [clause (B) of subparagraph  (i)  of]
    26  this  [paragraph]  subdivision  shall  render  the  owner liable for the
    27  penalty prescribed in this section.
    28    [(iii)] 4. Where the lessor  complies  with  the  provisions  of  this
    29  [paragraph]  subdivision, the lessee of such vehicle on the date of such
    30  violation shall be deemed to be the owner of such vehicle  for  purposes
    31  of this section, shall be subject to liability for such violation pursu-
    32  ant  to this section and shall be sent a notice of liability pursuant to
    33  subdivision (g) of this section.
    34    If the commissioner or chair adopts a [demonstration] program pursuant
    35  to subdivision (a) of this section the commissioner or chair, as  appli-
    36  cable,  shall  [conduct  a  study and] submit a report on or before [May
    37  first, two thousand twenty-four and a report on or  before]  May  first,
    38  two  thousand  twenty-six  on the results of the use of photo devices to
    39  the governor, the temporary president of the senate and the  speaker  of
    40  the  assembly.  The  commissioner  or chair shall also make such reports
    41  available on  their  public-facing  websites,  provided  that  they  may
    42  provide  aggregate  data  from  paragraph one of this subdivision if the
    43  commissioner or chair finds that publishing specific location data would
    44  jeopardize public safety. Such report shall include:
    45    § 2. The vehicle and traffic law is amended by adding  a  new  section
    46  1180-h to read as follows:
    47    §  1180-h.  Owner  liability  for  failure  of operator to comply with
    48  certain posted  maximum  speed  limits;  Triborough  bridge  and  tunnel
    49  project  highway  construction or maintenance work area. (a) 1. Notwith-
    50  standing any other provision of law, the Triborough  bridge  and  tunnel
    51  authority,  a  body  corporate and politic constituting a public benefit
    52  corporation created and constituted pursuant to title three  of  article
    53  three of the public authorities law, is hereby authorized to establish a
    54  program  imposing monetary liability on the owner of a vehicle for fail-
    55  ure of an operator thereof to comply with posted maximum speed limits in
    56  a construction or maintenance work area located at any Triborough bridge

        S. 3008                            45                            A. 3008
 
     1  and tunnel authority project referred to in subdivision nine of  section
     2  five  hundred fifty-three of the public authorities law, or as otherwise
     3  provided in an applicable interagency agreement, (i)  when  construction
     4  or  maintenance  work  is  occurring  and  a work area speed limit is in
     5  effect as provided in paragraph two of subdivision  (d)  or  subdivision
     6  (f)  of  section  eleven  hundred  eighty  of  this article or (ii) when
     7  construction or maintenance work is occurring and other speed limits are
     8  in effect as provided in subdivision (b) or  (g)  or  paragraph  one  of
     9  subdivision  (d)  of section eleven hundred eighty of this article. Such
    10  program shall empower the Triborough  bridge  and  tunnel  authority  to
    11  install  photo speed violation monitoring systems within construction or
    12  maintenance work areas located at Triborough bridge and tunnel authority
    13  projects and to operate such systems within such work areas  (iii)  when
    14  construction  or  maintenance  work  is  occurring and a work area speed
    15  limit is in effect as provided in paragraph two of  subdivision  (d)  or
    16  subdivision (f) of section eleven hundred eighty of this article or (iv)
    17  when  construction  or  maintenance  work  is  occurring and other speed
    18  limits are in effect as provided in subdivision (b) or (g) or  paragraph
    19  one of subdivision (d) of section eleven hundred eighty of this article.
    20  The  Triborough bridge and tunnel authority shall determine the location
    21  of the construction or maintenance work areas located  at  a  Triborough
    22  bridge  and  tunnel  authority  project  in which to install and operate
    23  photo speed violation monitoring systems. In selecting a construction or
    24  maintenance work area in which to install  and  operate  a  photo  speed
    25  violation  monitoring system, the Triborough bridge and tunnel authority
    26  shall consider criteria including, but not limited to, the  speed  data,
    27  crash  history,  and roadway geometry applicable to such construction or
    28  maintenance work area.
    29    2. No photo speed violation monitoring  system  shall  be  used  in  a
    30  construction  or maintenance work area unless (i) on the day it is to be
    31  used it has successfully passed a self-test of its functions;  and  (ii)
    32  it has undergone an annual calibration check performed pursuant to para-
    33  graph four of this subdivision. The Triborough bridge and tunnel author-
    34  ity shall install signs giving notice that a photo speed violation moni-
    35  toring  system  is  in use, in conformance with standards established in
    36  the MUTCD.
    37    3. Operators of photo speed violation monitoring  systems  shall  have
    38  completed  training in the procedures for setting up, testing, and oper-
    39  ating such systems. Each such operator shall complete and sign  a  daily
    40  set-up  log  for  each  such  system that the operator operates that (i)
    41  states the date and time when, and the location where,  the  system  was
    42  set  up  that  day,  and  (ii)  states  that  such operator successfully
    43  performed, and the system passed, the self-tests of such  system  before
    44  producing  a  recorded  image that day. The Triborough bridge and tunnel
    45  authority shall retain each such daily log until the later of  the  date
    46  on which the photo speed violation monitoring system to which it applies
    47  has  been  permanently  removed  from use or the final resolution of all
    48  cases involving notices of liability issued based on photographs, micro-
    49  photographs, video or other recorded images produced by such system.
    50    4. Each photo speed violation monitoring system shall undergo an annu-
    51  al calibration check performed by an independent calibration  laboratory
    52  which  shall  issue  a signed certificate of calibration. The Triborough
    53  bridge and tunnel authority shall keep each such annual  certificate  of
    54  calibration  on file until the final resolution of all cases involving a
    55  notice of liability issued during such year which were based  on  photo-

        S. 3008                            46                            A. 3008
 
     1  graphs, microphotographs, videotape or other recorded images produced by
     2  such photo speed violation monitoring system.
     3    5. (i) Such program shall utilize necessary technologies to ensure, to
     4  the extent practicable, that photographs, microphotographs, videotape or
     5  other  recorded images produced by such photo speed violation monitoring
     6  systems shall not include images that identify the driver,  the  passen-
     7  gers,  or the contents of the vehicle. Provided, however, that no notice
     8  of liability issued pursuant to this section shall be  dismissed  solely
     9  because  such a photograph, microphotograph, videotape or other recorded
    10  image allows for the identification of the driver,  the  passengers,  or
    11  the contents of vehicles where the Triborough bridge and tunnel authori-
    12  ty  shows  that it made reasonable efforts to comply with the provisions
    13  of this paragraph in such case.
    14    (ii) Photographs, microphotographs, videotape or  any  other  recorded
    15  image  from  a  photo speed violation monitoring system shall be for the
    16  exclusive use of the Triborough bridge  and  tunnel  authority  for  the
    17  purpose  of  the  adjudication  of  liability  imposed  pursuant to this
    18  section and of the owner receiving a notice  of  liability  pursuant  to
    19  this section, and shall be destroyed by the Triborough bridge and tunnel
    20  authority  upon the final resolution of the notice of liability to which
    21  such photographs, microphotographs, videotape or other  recorded  images
    22  relate,  or  one  year  following the date of issuance of such notice of
    23  liability, whichever is later. Notwithstanding  the  provisions  of  any
    24  other  law, rule or regulation to the contrary, photographs, microphoto-
    25  graphs, videotape or  any  other  recorded  image  from  a  photo  speed
    26  violation monitoring system shall not be open to the public, nor subject
    27  to  civil  or  criminal  process  or discovery, nor used by any court or
    28  administrative or adjudicatory body in any action or proceeding  therein
    29  except  that  which  is  necessary  for  the adjudication of a notice of
    30  liability issued pursuant to this  section,  and  no  public  entity  or
    31  employee,  officer  or  agent  thereof  shall disclose such information,
    32  except that such photographs, microphotographs, videotape or  any  other
    33  recorded images from such systems:
    34    (A) shall be available for inspection and copying and use by the motor
    35  vehicle  owner and operator for so long as such photographs, microphoto-
    36  graphs, videotape or other recorded images are required to be maintained
    37  or are maintained by such public entity, employee, officer or agent; and
    38    (B) (1) shall be furnished when described in a search  warrant  issued
    39  by a court authorized to issue such a search warrant pursuant to article
    40  six  hundred  ninety  of  the  criminal procedure law or a federal court
    41  authorized to issue such a search warrant under federal law, where  such
    42  search  warrant  states  that  there is reasonable cause to believe such
    43  information constitutes evidence of, or tends  to  demonstrate  that,  a
    44  misdemeanor  or  felony  offense  was committed in this state or another
    45  state, or that a particular person participated in the commission  of  a
    46  misdemeanor  or felony offense in this state or another state, provided,
    47  however, that if such offense was against the laws of another state, the
    48  court shall only issue a warrant if the conduct comprising such  offense
    49  would,  if  occurring  in this state, constitute a misdemeanor or felony
    50  against the laws of this state; and
    51    (2) shall be furnished in response to a subpoena duces tecum signed by
    52  a judge of competent jurisdiction and issued  pursuant  to  article  six
    53  hundred  ten of the criminal procedure law or a judge or magistrate of a
    54  federal court authorized to issue such  a  subpoena  duces  tecum  under
    55  federal law, where the judge finds and the subpoena states that there is
    56  reasonable cause to believe such information is relevant and material to

        S. 3008                            47                            A. 3008

     1  the  prosecution,  or the defense, or the investigation by an authorized
     2  law enforcement official, of the alleged commission of a misdemeanor  or
     3  felony  in  this state or another state, provided, however, that if such
     4  offense  was against the laws of another state, such judge or magistrate
     5  shall only issue such subpoena if the conduct  comprising  such  offense
     6  would, if occurring in this state, constitute a misdemeanor or felony in
     7  this state; and
     8    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
     9  of this subparagraph and otherwise admissible, be used in such  criminal
    10  action or proceeding.
    11    (b)  The  owner  of  a  vehicle  shall be liable for a penalty imposed
    12  pursuant to this section if such vehicle was used or operated  with  the
    13  permission  of  the  owner, express or implied, within a construction or
    14  maintenance work area located at a Triborough bridge and tunnel authori-
    15  ty project in violation of paragraph two of subdivision (d) or  subdivi-
    16  sion  (f),  or  when  other  speed  limits are in effect in violation of
    17  subdivision (b) or (g) or paragraph one of subdivision  (d)  of  section
    18  eleven  hundred  eighty of this article, such vehicle was traveling at a
    19  speed of more than ten miles per hour above the posted  speed  limit  in
    20  effect  within  such  construction  or  maintenance  work area, and such
    21  violation is evidenced  by  information  obtained  from  a  photo  speed
    22  violation monitoring system; provided however that no owner of a vehicle
    23  shall be liable for a penalty imposed pursuant to this section where the
    24  operator  of such vehicle has been convicted of the underlying violation
    25  of subdivision (b), (d), (f) or (g) of section eleven hundred eighty  of
    26  this article.
    27    (c)  For  purposes of this section, the following terms shall have the
    28  following meanings:
    29    1. "manual on uniform traffic control devices" or "MUTCD"  shall  mean
    30  the  manual  and  specifications for a uniform system of traffic control
    31  devices maintained by the commissioner  of  transportation  pursuant  to
    32  section sixteen hundred eighty of this chapter;
    33    2.  "owner"  shall  have the meaning provided in article two-B of this
    34  chapter;
    35    3. "photo speed violation monitoring  system"  shall  mean  a  vehicle
    36  sensor  installed  to  work in conjunction with a speed measuring device
    37  which automatically produces two or more photographs, two or more micro-
    38  photographs, a videotape or other recorded images of each vehicle at the
    39  time it is used or operated in a construction or maintenance  work  area
    40  located at a Triborough bridge and tunnel authority project in violation
    41  of  subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
    42  this article in accordance with the provisions of this section;
    43    4. "Triborough bridge and tunnel authority projects"  shall  mean  the
    44  projects  referred to in subdivision nine of section five hundred fifty-
    45  three of the public authorities law, or  as  otherwise  provided  in  an
    46  applicable interagency agreement.
    47    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    48  the Triborough bridge and tunnel authority or its agent  as  applicable,
    49  or  a facsimile thereof, based upon inspection of photographs, micropho-
    50  tographs, videotape or other recorded images produced by a  photo  speed
    51  violation  monitoring system, shall be prima facie evidence of the facts
    52  contained therein. Any photographs, microphotographs, videotape or other
    53  recorded images evidencing such a violation shall include at  least  two
    54  date  and  time  stamped  images  of  the rear of the motor vehicle that
    55  include the same stationary object near the motor vehicle to the  extent
    56  practicable  and shall be available for inspection reasonably in advance

        S. 3008                            48                            A. 3008
 
     1  of and at any proceeding to adjudicate the liability for such  violation
     2  pursuant to this section.
     3    (e)  An  owner  liable for a violation of subdivision (b), (d), (f) or
     4  (g) of section eleven hundred eighty  of  this  article  pursuant  to  a
     5  program  established  pursuant to this section shall be liable for mone-
     6  tary penalties not to exceed fifty dollars for a  first  violation,  one
     7  hundred  twenty-five  dollars  for a second violation both of which were
     8  committed within a period of eighteen months, and one  hundred  seventy-
     9  five  dollars  for  a  third  or  subsequent violation all of which were
    10  committed within a period of eighteen months; provided, however, that an
    11  additional penalty  not  in  excess  of  twenty-five  dollars  for  each
    12  violation  may  be  imposed  for  the  failure to respond to a notice of
    13  liability within the prescribed time period.
    14    (f) An imposition of liability under the program established  pursuant
    15  to  this  section  shall  not  be deemed a conviction as an operator and
    16  shall not be made part of the operating record of the person  upon  whom
    17  such liability is imposed nor shall it be used for insurance purposes in
    18  the provision of motor vehicle insurance coverage.
    19    (g) 1. A notice of liability shall be sent by first class mail to each
    20  person  alleged  to be liable as an owner for a violation of subdivision
    21  (b), (d), (f) or (g) of section eleven hundred eighty  of  this  article
    22  pursuant to this section, within fourteen business days if such owner is
    23  a  resident  of  this  state and within forty-five business days if such
    24  owner is a non-resident. Personal delivery on the  owner  shall  not  be
    25  required.  A manual or automatic record of mailing prepared in the ordi-
    26  nary course of business shall be  prima  facie  evidence  of  the  facts
    27  contained therein.
    28    2.  A  notice  of  liability shall contain the name and address of the
    29  person alleged to be liable as an owner for a violation  of  subdivision
    30  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this article
    31  pursuant to  this  section,  the  registration  number  of  the  vehicle
    32  involved  in  such  violation,  the  location  where such violation took
    33  place, the date and time of such violation, the identification number of
    34  the camera which  recorded  the  violation  or  other  document  locator
    35  number,  at  least  two  date and time stamped images of the rear of the
    36  motor vehicle that include the same stationary  object  near  the  motor
    37  vehicle  to  the  extent  practicable,  and the certificate charging the
    38  liability.
    39    3. The notice of liability  shall  contain  information  advising  the
    40  person  charged  of  the  manner  and  the time in which such person may
    41  contest the liability alleged in the notice. Such  notice  of  liability
    42  shall also contain a prominent warning to advise the person charged that
    43  failure  to  contest  in the manner and time provided shall be deemed an
    44  admission of liability and that a default judgment may be entered there-
    45  on.
    46    4. The notice of liability shall be prepared and mailed by the Tribor-
    47  ough bridge and tunnel authority or by any other  entity  authorized  by
    48  the  Triborough  bridge  and  tunnel  authority to prepare and mail such
    49  notice of liability.
    50    (h) Adjudication of the liability imposed upon owners of this  section
    51  shall be by the New York city parking violations bureau.
    52    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    53  section for any time period during which the vehicle or the number plate
    54  or plates of such vehicle was  reported  to  the  police  department  as
    55  having  been  stolen,  it  shall  be a valid defense to an allegation of
    56  liability for a violation of subdivision (b), (d), (f) or (g) of section

        S. 3008                            49                            A. 3008
 
     1  eleven hundred eighty of this article pursuant to this section that  the
     2  vehicle  or the number plate or plates of such vehicle had been reported
     3  to the police as stolen prior to the time the violation occurred and had
     4  not  been  recovered by such time. For purposes of asserting the defense
     5  provided by this subdivision, it shall be sufficient  that  a  certified
     6  copy  of  the  police  report  on  the stolen vehicle or number plate or
     7  plates of such vehicle be sent by first class  mail  to  the  Triborough
     8  bridge and tunnel authority.
     9    (j)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
    10  liability was issued pursuant to subdivision (g) of this  section  shall
    11  not  be  liable for the violation of subdivision (b), (d), (f) or (g) of
    12  section eleven hundred eighty of this article pursuant to this  section,
    13  provided  that  the  owner  sends  to  the  Triborough Bridge and tunnel
    14  authority a copy of the rental, lease or other  such  contract  document
    15  covering  such  vehicle  on the date of the violation, with the name and
    16  address of the lessee clearly legible, within  thirty-seven  days  after
    17  receiving  notice from the Triborough bridge and tunnel authority of the
    18  date and time of such violation, together  with  the  other  information
    19  contained  in  the  original  notice  of liability. Failure to send such
    20  information within such thirty-seven-day time period  shall  render  the
    21  owner  liable  for  the  penalty  prescribed  by this section. Where the
    22  lessor complies with the provisions of this  paragraph,  the  lessee  of
    23  such  vehicle  on  the  date of such violation shall be deemed to be the
    24  owner of such vehicle for purposes of this section, shall be subject  to
    25  liability  for  the  violation  of  subdivision  (b), (d), (f) or (g) of
    26  section eleven hundred eighty of this article pursuant to  this  section
    27  and  shall  be sent a notice of liability pursuant to subdivision (g) of
    28  this section.
    29    2. An owner who is a lessor of a vehicle to which a notice of  liabil-
    30  ity  was issued pursuant to subdivision (g) of this section shall not be
    31  liable for the violation of subdivision (b), (d), (f) or (g) of  section
    32  eleven hundred eighty of this article, provided that:
    33    (i)  prior  to  the violation, the lessor has filed with the bureau in
    34  accordance with the provisions of section  two  hundred  thirty-nine  of
    35  this chapter; and
    36    (ii)  within thirty-seven days after receiving notice from the Tribor-
    37  ough bridge and tunnel authority of the date and time  of  a  liability,
    38  together  with the other information contained in the original notice of
    39  liability, the lessor  submits  to  the  Triborough  bridge  and  tunnel
    40  authority  the  correct  name  and  address of the lessee of the vehicle
    41  identified in the notice of liability at the  time  of  such  violation,
    42  together with such other additional information contained in the rental,
    43  lease  or  other contract document, as may be reasonably required by the
    44  Triborough bridge and tunnel authority pursuant to regulations that  may
    45  be promulgated for such purpose.
    46    3.  Failure  to  comply  with  this subdivision shall render the owner
    47  liable for the penalty prescribed in this section.
    48    4. Where the lessor complies with the provisions of this  subdivision,
    49  the lessee of such vehicle on the date of such violation shall be deemed
    50  to  be  the owner of such vehicle for purposes of this section, shall be
    51  subject to liability for such violation pursuant  to  this  section  and
    52  shall  be sent a notice of liability pursuant to subdivision (g) of this
    53  section.
    54    (k) 1. If the owner liable for a violation of  subdivision  (b),  (d),
    55  (f)  or (g) of section eleven hundred eighty of this article pursuant to
    56  this section was not the operator of the vehicle  at  the  time  of  the

        S. 3008                            50                            A. 3008
 
     1  violation,  the owner may maintain an action for indemnification against
     2  the operator.
     3    2.  Notwithstanding any other provision of this section, no owner of a
     4  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
     5  section if the operator of such vehicle was operating such vehicle with-
     6  out  the  consent  of  the owner at the time such operator operated such
     7  vehicle in violation of subdivision (b), (d),  (f)  or  (g)  of  section
     8  eleven  hundred eighty of this article. For purposes of this subdivision
     9  there shall be a presumption that the operator of such vehicle was oper-
    10  ating such vehicle with the consent of the owner at the time such opera-
    11  tor operated such vehicle in violation of subdivision (b), (d),  (f)  or
    12  (g) of section eleven hundred eighty of this article.
    13    (l)  Nothing in this section shall be construed to limit the liability
    14  of an operator of a vehicle for any violation of subdivision  (b),  (d),
    15  (f) or (g) of section eleven hundred eighty of this article.
    16    (m) It shall be a defense to any prosecution for a violation of subdi-
    17  vision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this
    18  article pursuant to this section that such photo speed  violation  moni-
    19  toring system was malfunctioning at the time of the alleged violation.
    20    §  3.  The  vehicle and traffic law is amended by adding a new section
    21  1180-i to read as follows:
    22    § 1180-i. Owner liability for  failure  of  operator  to  comply  with
    23  certain  posted  maximum  speed  limits; New York state bridge authority
    24  project highway construction or maintenance work area. (a)  1.  Notwith-
    25  standing any other provision of law, the New York state bridge authority
    26  "bridge  authority",  a body corporate and politic constituting a public
    27  benefit corporation created and constituted pursuant  to  title  two  of
    28  article  three  of  the  public authorities law, is hereby authorized to
    29  establish a program imposing monetary liability on the owner of a  vehi-
    30  cle  for  failure  of  an operator thereof to comply with posted maximum
    31  speed limits in a construction or maintenance work area located  at  any
    32  bridge  authority  project  referred  to  in subdivision ten or ten-a of
    33  section five hundred twenty-eight of the public authorities law,  or  as
    34  otherwise  provided  in  an  applicable  interagency agreement, (i) when
    35  construction or maintenance work is occurring  and  a  work  area  speed
    36  limit  is  in  effect as provided in paragraph two of subdivision (d) or
    37  subdivision (f) of section eleven hundred eighty of this article or (ii)
    38  when construction or maintenance  work  is  occurring  and  other  speed
    39  limits  are in effect as provided in subdivision (b) or (g) or paragraph
    40  one of subdivision (d) of section eleven hundred eighty of this article.
    41  Such program shall empower the bridge authority to install  photo  speed
    42  violation  monitoring  systems  within  construction or maintenance work
    43  areas located at bridge authority projects and to operate  such  systems
    44  within  such  work  areas (iii) when construction or maintenance work is
    45  occurring and a work area speed limit is in effect as provided in  para-
    46  graph  two  of  subdivision  (d)  or  subdivision  (f) of section eleven
    47  hundred eighty of this article or (iv) when construction or  maintenance
    48  work  is  occurring  and other speed limits are in effect as provided in
    49  subdivision (b) or (g) or paragraph one of subdivision  (d)  of  section
    50  eleven hundred eighty of this article. The bridge authority shall deter-
    51  mine  the location of the construction or maintenance work areas located
    52  at a bridge authority project in which  to  install  and  operate  photo
    53  speed violation monitoring systems. In selecting a construction or main-
    54  tenance  work  area  in  which  to  install  and  operate  a photo speed
    55  violation monitoring system, the bridge authority shall consider  crite-
    56  ria  including,  but  not limited to, the speed data, crash history, and

        S. 3008                            51                            A. 3008
 
     1  roadway geometry applicable to such  construction  or  maintenance  work
     2  area.
     3    2.  No  photo  speed  violation  monitoring  system shall be used in a
     4  construction or maintenance work area unless (i) on the day it is to  be
     5  used  it  has successfully passed a self-test of its functions; and (ii)
     6  it has undergone an annual calibration check performed pursuant to para-
     7  graph four of this subdivision. The bridge authority shall install signs
     8  giving notice that a photo speed violation monitoring system is in  use,
     9  in conformance with standards established in the MUTCD.
    10    3.  Operators  of  photo speed violation monitoring systems shall have
    11  completed training in the procedures for setting up, testing, and  oper-
    12  ating  such  systems. Each such operator shall complete and sign a daily
    13  set-up log for each such system that  the  operator  operates  that  (i)
    14  states  the  date  and time when, and the location where, the system was
    15  set up that  day,  and  (ii)  states  that  such  operator  successfully
    16  performed,  and  the system passed, the self-tests of such system before
    17  producing a recorded image that day. The bridge authority  shall  retain
    18  each such daily log until the later of the date on which the photo speed
    19  violation  monitoring  system  to  which it applies has been permanently
    20  removed from use or the final resolution of all cases involving  notices
    21  of  liability  issued  based  on photographs, microphotographs, video or
    22  other recorded images produced by such system.
    23    4. Each photo speed violation monitoring system shall undergo an annu-
    24  al calibration check performed by an independent calibration  laboratory
    25  which  shall  issue  a  signed  certificate  of  calibration. The bridge
    26  authority shall keep each such annual certificate of calibration on file
    27  until the final resolution of all cases involving a notice of  liability
    28  issued  during  such  year  which were based on photographs, microphoto-
    29  graphs, videotape or other recorded images produced by such photo  speed
    30  violation monitoring system.
    31    5. (i) Such program shall utilize necessary technologies to ensure, to
    32  the extent practicable, that photographs, microphotographs, videotape or
    33  other  recorded images produced by such photo speed violation monitoring
    34  systems shall not include images that identify the driver,  the  passen-
    35  gers,  or the contents of the vehicle. Provided, however, that no notice
    36  of liability issued pursuant to this section shall be  dismissed  solely
    37  because  such a photograph, microphotograph, videotape or other recorded
    38  image allows for the identification of the driver,  the  passengers,  or
    39  the  contents  of vehicles where the bridge authority shows that it made
    40  reasonable efforts to comply with the provisions of  this  paragraph  in
    41  such case.
    42    (ii)  Photographs,  microphotographs,  videotape or any other recorded
    43  image from a photo speed violation monitoring system shall  be  for  the
    44  exclusive  use  of  the  bridge authority for the purpose of the adjudi-
    45  cation of liability imposed pursuant to this section and  of  the  owner
    46  receiving  a  notice of liability pursuant to this section, and shall be
    47  destroyed by the bridge authority  upon  the  final  resolution  of  the
    48  notice  of  liability to which such photographs, microphotographs, vide-
    49  otape or other recorded images relate, or one year following the date of
    50  issuance of such notice of liability, whichever is later.  Notwithstand-
    51  ing the provisions of any other law, rule or regulation to the contrary,
    52  photographs,  microphotographs,  videotape  or  any other recorded image
    53  from a photo speed violation monitoring system shall not be open to  the
    54  public,  nor subject to civil or criminal process or discovery, nor used
    55  by any court or administrative or adjudicatory body  in  any  action  or
    56  proceeding  therein  except that which is necessary for the adjudication

        S. 3008                            52                            A. 3008
 
     1  of a notice of liability issued pursuant to this section, and no  public
     2  entity  or employee, officer or agent thereof shall disclose such infor-
     3  mation, except that such photographs, microphotographs, videotape or any
     4  other recorded images from such systems:
     5    (A) shall be available for inspection and copying and use by the motor
     6  vehicle  owner and operator for so long as such photographs, microphoto-
     7  graphs, videotape or other recorded images are required to be maintained
     8  or are maintained by such public entity, employee, officer or agent; and
     9    (B) (1) shall be furnished when described in a search  warrant  issued
    10  by a court authorized to issue such a search warrant pursuant to article
    11  six  hundred  ninety  of  the  criminal procedure law or a federal court
    12  authorized to issue such a search warrant under federal law, where  such
    13  search  warrant  states  that  there is reasonable cause to believe such
    14  information constitutes evidence of, or tends  to  demonstrate  that,  a
    15  misdemeanor  or  felony  offense  was committed in this state or another
    16  state, or that a particular person participated in the commission  of  a
    17  misdemeanor  or felony offense in this state or another state, provided,
    18  however, that if such offense was against the laws of another state, the
    19  court shall only issue a warrant if the conduct comprising such  offense
    20  would,  if  occurring  in this state, constitute a misdemeanor or felony
    21  against the laws of this state; and
    22    (2) shall be furnished in response to a subpoena duces tecum signed by
    23  a judge of competent jurisdiction and issued  pursuant  to  article  six
    24  hundred  ten of the criminal procedure law or a judge or magistrate of a
    25  federal court authorized to issue such  a  subpoena  duces  tecum  under
    26  federal law, where the judge finds and the subpoena states that there is
    27  reasonable cause to believe such information is relevant and material to
    28  the  prosecution,  or the defense, or the investigation by an authorized
    29  law enforcement official, of the alleged commission of a misdemeanor  or
    30  felony  in  this state or another state, provided, however, that if such
    31  offense was against the laws of another state, such judge or  magistrate
    32  shall  only  issue  such subpoena if the conduct comprising such offense
    33  would, if occurring in this state, constitute a misdemeanor or felony in
    34  this state; and
    35    (3) may, if lawfully obtained pursuant to this clause and  clause  (A)
    36  of  this subparagraph and otherwise admissible, be used in such criminal
    37  action or proceeding.
    38    (b) The owner of a vehicle shall  be  liable  for  a  penalty  imposed
    39  pursuant  to  this section if such vehicle was used or operated with the
    40  permission of the owner, express or implied, within  a  construction  or
    41  maintenance work area located at a bridge authority project in violation
    42  of  paragraph  two  of subdivision (d) or subdivision (f), or when other
    43  speed limits are in effect in violation of subdivision  (b)  or  (g)  or
    44  paragraph  one  of  subdivision  (d) of section eleven hundred eighty of
    45  this article, such vehicle was traveling at a speed  of  more  than  ten
    46  miles  per  hour  above  the  posted  speed  limit in effect within such
    47  construction or maintenance work area, and such violation  is  evidenced
    48  by  information obtained from a photo speed violation monitoring system;
    49  provided however that no owner of a vehicle shall be liable for a penal-
    50  ty imposed pursuant to this section where the operator of  such  vehicle
    51  has  been convicted of the underlying violation of subdivision (b), (d),
    52  (f) or (g) of section eleven hundred eighty of this article.
    53    (c) For purposes of this section, the following terms shall  have  the
    54  following meanings:
    55    1.  "manual  on uniform traffic control devices" or "MUTCD" shall mean
    56  the manual and specifications for a uniform system  of  traffic  control

        S. 3008                            53                            A. 3008
 
     1  devices  maintained  by  the  commissioner of transportation pursuant to
     2  section sixteen hundred eighty of this chapter;
     3    2.  "owner"  shall  have the meaning provided in article two-B of this
     4  chapter;
     5    3. "photo speed violation monitoring  system"  shall  mean  a  vehicle
     6  sensor  installed  to  work in conjunction with a speed measuring device
     7  which automatically produces two or more photographs, two or more micro-
     8  photographs, a videotape or other recorded images of each vehicle at the
     9  time it is used or operated in a construction or maintenance  work  area
    10  located  at  a bridge authority project in violation of subdivision (b),
    11  (d), (f) or (g) of section eleven hundred  eighty  of  this  article  in
    12  accordance with the provisions of this section; and
    13    4.  "bridge authority projects" shall mean the projects referred to in
    14  subdivision ten or ten-a of section five  hundred  twenty-eight  of  the
    15  public authorities law, or as otherwise provided in an applicable inter-
    16  agency agreement.
    17    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    18  the bridge authority or its agent as applicable, or a facsimile thereof,
    19  based upon inspection of  photographs,  microphotographs,  videotape  or
    20  other  recorded  images  produced  by a photo speed violation monitoring
    21  system, shall be prima facie evidence of the  facts  contained  therein.
    22  Any  photographs,  microphotographs,  videotape or other recorded images
    23  evidencing such a violation shall include at least  two  date  and  time
    24  stamped  images  of  the rear of the motor vehicle that include the same
    25  stationary object near the motor vehicle to the extent  practicable  and
    26  shall  be  available  for inspection reasonably in advance of and at any
    27  proceeding to adjudicate the liability for such  violation  pursuant  to
    28  this section.
    29    (e)  An  owner  liable for a violation of subdivision (b), (d), (f) or
    30  (g) of section eleven hundred eighty  of  this  article  pursuant  to  a
    31  program  established  pursuant to this section shall be liable for mone-
    32  tary penalties not to exceed fifty dollars for a  first  violation,  one
    33  hundred  twenty-five  dollars  for a second violation both of which were
    34  committed within a period of eighteen months, and one  hundred  seventy-
    35  five  dollars  for  a  third  or  subsequent violation all of which were
    36  committed within a period of eighteen months; provided, however, that an
    37  additional penalty  not  in  excess  of  twenty-five  dollars  for  each
    38  violation  may  be  imposed  for  the  failure to respond to a notice of
    39  liability within the prescribed time period.
    40    (f) An imposition of liability under the program established  pursuant
    41  to  this  section  shall  not  be deemed a conviction as an operator and
    42  shall not be made part of the operating record of the person  upon  whom
    43  such liability is imposed nor shall it be used for insurance purposes in
    44  the provision of motor vehicle insurance coverage.
    45    (g) 1. A notice of liability shall be sent by first class mail to each
    46  person  alleged  to be liable as an owner for a violation of subdivision
    47  (b), (d), (f) or (g) of section eleven hundred eighty  of  this  article
    48  pursuant to this section, within fourteen business days if such owner is
    49  a  resident  of  this  state and within forty-five business days if such
    50  owner is a non-resident. Personal delivery on the  owner  shall  not  be
    51  required.  A manual or automatic record of mailing prepared in the ordi-
    52  nary course of business shall be  prima  facie  evidence  of  the  facts
    53  contained therein.
    54    2.  A  notice  of  liability shall contain the name and address of the
    55  person alleged to be liable as an owner for a violation  of  subdivision
    56  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this article

        S. 3008                            54                            A. 3008
 
     1  pursuant to  this  section,  the  registration  number  of  the  vehicle
     2  involved  in  such  violation,  the  location  where such violation took
     3  place, the date and time of such violation, the identification number of
     4  the  camera  which  recorded  the  violation  or  other document locator
     5  number, at least two date and time stamped images of  the  rear  of  the
     6  motor  vehicle  that  include  the same stationary object near the motor
     7  vehicle to the extent practicable,  and  the  certificate  charging  the
     8  liability.
     9    3.  The  notice  of  liability  shall contain information advising the
    10  person charged of the manner and the  time  in  which  such  person  may
    11  contest  the  liability  alleged in the notice. Such notice of liability
    12  shall also contain a prominent warning to advise the person charged that
    13  failure to contest in the manner and time provided shall  be  deemed  an
    14  admission of liability and that a default judgment may be entered there-
    15  on.
    16    4.  The notice of liability shall be prepared and mailed by the bridge
    17  authority or by any other entity authorized by the bridge  authority  to
    18  prepare and mail such notice of liability.
    19    (h)  Adjudication of the liability imposed upon owners of this section
    20  shall be by a traffic violations bureau established pursuant to  section
    21  three  hundred  seventy of the general municipal law where the violation
    22  occurred or, if there be none, by a hearing officer  designated  by  the
    23  commissioner of motor vehicles.
    24    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    25  section for any time period during which the vehicle or the number plate
    26  or plates of such vehicle was  reported  to  the  police  department  as
    27  having  been  stolen,  it  shall  be a valid defense to an allegation of
    28  liability for a violation of subdivision (b), (d), (f) or (g) of section
    29  eleven hundred eighty of this article pursuant to this section that  the
    30  vehicle  or the number plate or plates of such vehicle had been reported
    31  to the police as stolen prior to the time the violation occurred and had
    32  not been recovered by such time. For purposes of asserting  the  defense
    33  provided  by  this  subdivision, it shall be sufficient that a certified
    34  copy of the police report on the  stolen  vehicle  or  number  plate  or
    35  plates of such vehicle be sent by first class mail to the bridge author-
    36  ity.
    37    (j)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
    38  liability was issued pursuant to subdivision (g) of this  section  shall
    39  not  be  liable for the violation of subdivision (b), (d), (f) or (g) of
    40  section eleven hundred eighty of this article pursuant to this  section,
    41  provided  that  the  owner  sends  to the bridge authority a copy of the
    42  rental, lease or other such contract document covering such  vehicle  on
    43  the  date  of  the  violation,  with  the name and address of the lessee
    44  clearly legible, within thirty-seven days after  receiving  notice  from
    45  the  bridge  authority  of the date and time of such violation, together
    46  with the other information contained in the original notice  of  liabil-
    47  ity.  Failure to send such information within such thirty-seven-day time
    48  period  shall render the owner liable for the penalty prescribed by this
    49  section.  Where the lessor complies with the provisions  of  this  para-
    50  graph, the lessee of such vehicle on the date of such violation shall be
    51  deemed  to  be  the  owner of such vehicle for purposes of this section,
    52  shall be subject to liability for the violation of subdivision (b), (d),
    53  (f) or (g) of section eleven hundred eighty of this article pursuant  to
    54  this  section and shall be sent a notice of liability pursuant to subdi-
    55  vision (g) of this section.

        S. 3008                            55                            A. 3008
 
     1    2. In a city which, by local law, has authorized the  adjudication  of
     2  liability  imposed  upon  owners by this section by a parking violations
     3  bureau, an owner who is a lessor of a  vehicle  to  which  a  notice  of
     4  liability  was  issued pursuant to subdivision (g) of this section shall
     5  not  be  liable for the violation of subdivision (b), (d), (f) or (g) of
     6  section eleven hundred eighty of this article, provided that:
     7    (i) prior to the violation, the lessor has filed with  the  bureau  in
     8  accordance  with  the  provisions  of section two hundred thirty-nine of
     9  this chapter; and
    10    (ii) within thirty-seven days after receiving notice from  the  bridge
    11  authority  of  the date and time of a liability, together with the other
    12  information contained in the original notice of  liability,  the  lessor
    13  submits  to  the  bridge  authority  the correct name and address of the
    14  lessee of the vehicle identified in the notice of liability at the  time
    15  of  such  violation,  together  with  such  other additional information
    16  contained in the rental, lease or other contract  document,  as  may  be
    17  reasonably required by the bridge authority pursuant to regulations that
    18  may be promulgated for such purpose.
    19    3.  Failure  to  comply  with  this subdivision shall render the owner
    20  liable for the penalty prescribed in this section.
    21    4. Where the lessor complies with the provisions of this  subdivision,
    22  the lessee of such vehicle on the date of such violation shall be deemed
    23  to  be  the owner of such vehicle for purposes of this section, shall be
    24  subject to liability for such violation pursuant  to  this  section  and
    25  shall  be sent a notice of liability pursuant to subdivision (g) of this
    26  section.
    27    (k) 1. If the owner liable for a violation of  subdivision  (b),  (d),
    28  (f)  or (g) of section eleven hundred eighty of this article pursuant to
    29  this section was not the operator of the vehicle  at  the  time  of  the
    30  violation,  the owner may maintain an action for indemnification against
    31  the operator.
    32    2. Notwithstanding any other provision of this section, no owner of  a
    33  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    34  section if the operator of such vehicle was operating such vehicle with-
    35  out the consent of the owner at the time  such  operator  operated  such
    36  vehicle  in  violation  of  subdivision  (b), (d), (f) or (g) of section
    37  eleven hundred eighty of this article. For purposes of this  subdivision
    38  there shall be a presumption that the operator of such vehicle was oper-
    39  ating such vehicle with the consent of the owner at the time such opera-
    40  tor  operated  such vehicle in violation of subdivision (b), (d), (f) or
    41  (g) of section eleven hundred eighty of this article.
    42    (l) Nothing in this section shall be construed to limit the  liability
    43  of  an  operator of a vehicle for any violation of subdivision (b), (d),
    44  (f) or (g) of section eleven hundred eighty of this article.
    45    (m) It shall be a defense to any prosecution for a violation of subdi-
    46  vision (b), (d), (f) or (g) of section eleven  hundred  eighty  of  this
    47  article  pursuant  to this section that such photo speed violation moni-
    48  toring system was malfunctioning at the time of the alleged violation.
    49    § 4. Subdivisions 11 and 12 of section 1803 of the vehicle and traffic
    50  law, as amended by chapter 557 of the laws of 2023, are amended and  two
    51  new subdivisions 13 and 14 are added to read as follows:
    52    11. Where the commissioner of transportation has established a [demon-
    53  stration]  program imposing monetary liability on the owner of a vehicle
    54  for failure of an operator thereof to comply with subdivision (b),  (d),
    55  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    56  ance with section eleven hundred eighty-e of this chapter, any  fine  or

        S. 3008                            56                            A. 3008
 
     1  penalty  collected by a court, judge, magistrate or other officer for an
     2  imposition of liability which occurs pursuant to such program  shall  be
     3  paid  to  the  state  comptroller within the first ten days of the month
     4  following  collection, except as otherwise provided in subdivision three
     5  of section ninety-nine-a of the state finance law.  Every  such  payment
     6  shall be accompanied by a statement in such form and detail as the comp-
     7  troller  shall  provide.  Notwithstanding  the provisions of subdivision
     8  five of this section, eighty percent of any such fine or penalty imposed
     9  for such liability shall be paid to the general fund, and twenty percent
    10  of any such fine or penalty shall be paid to the city, town  or  village
    11  in  which the violation giving rise to the liability occurred, provided,
    12  however, that (a) within a county that has  established  a  traffic  and
    13  parking  violations  agency pursuant to section three hundred seventy of
    14  the general municipal law and such liability  is  disposed  of  by  such
    15  agency,  eighty  percent  of  any  such fine or penalty imposed for such
    16  liability shall be paid to the general fund, and twenty percent  of  any
    17  such  fine or penalty shall be paid to the county in which the violation
    18  giving rise to the liability occurred; or (b) where collected by a hear-
    19  ing officer appointed by the commissioner, eighty percent  of  any  such
    20  fine  or penalty imposed for such liability shall be paid to the general
    21  fund, and twenty percent shall be  deposited  in  the  work  zone  speed
    22  camera  administration fund established pursuant to section ninety-nine-
    23  ss of the state finance law. With respect to the percentage of fines  or
    24  penalties  paid to the general fund, no less than sixty percent shall be
    25  dedicated to department of  transportation  work  zone  safety  projects
    26  after  deducting  the  expenses  necessary  to  administer  such [demon-
    27  stration] program, provided, however, that except as  provided  pursuant
    28  to  section ninety-nine-ss of the state finance law, such funds provided
    29  pursuant to this subdivision shall be payable on the audit  and  warrant
    30  of the comptroller and shall only be used to supplement and not supplant
    31  current  expenditures  of  state funds on work zone safety projects. For
    32  the purposes of this subdivision,  "work  zone  safety  projects"  shall
    33  apply  to  work zones under the jurisdiction of the department of trans-
    34  portation and shall include, but  not  be  limited  to,  inspection  and
    35  implementation of work zone design, maintenance, traffic plans and mark-
    36  ings,  worker safety training, contractor outreach, enforcement efforts,
    37  radar speed display signs at major active work zones and police presence
    38  at major active work zones, as provided in  section  twenty-two  of  the
    39  transportation law. All fines, penalties and forfeitures paid to a coun-
    40  ty, city, town or village pursuant to the provisions of this subdivision
    41  shall  be  credited  to  the  general fund of such county, city, town or
    42  village, unless  a  different  disposition  is  prescribed  by  charter,
    43  special law, local law or ordinance.
    44    12. Where the chair of the New York state thruway authority has estab-
    45  lished  a  [demonstration]  program  imposing  monetary liability on the
    46  owner of a vehicle for failure of an operator  thereof  to  comply  with
    47  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    48  this chapter in accordance with section eleven hundred eighty-e of  this
    49  chapter,  any fine or penalty collected by a court, judge, magistrate or
    50  other officer for an imposition of liability which  occurs  pursuant  to
    51  such program shall be paid to the state comptroller within the first ten
    52  days  of the month following collection, except as otherwise provided in
    53  subdivision three of section ninety-nine-a of  the  state  finance  law.
    54  Every  such payment shall be accompanied by a statement in such form and
    55  detail as the comptroller shall provide. Notwithstanding the  provisions
    56  of  subdivision five of this section, eighty percent of any such fine or

        S. 3008                            57                            A. 3008
 
     1  penalty imposed for such liability shall be paid to the thruway authori-
     2  ty, and twenty percent of any such fine or penalty shall be paid to  the
     3  city,  town or village in which the violation giving rise to the liabil-
     4  ity  occurred,  provided,  however,  that  (a)  within a county that has
     5  established a traffic and parking violations agency pursuant to  section
     6  three hundred seventy of the general municipal law and such liability is
     7  disposed  of  by such agency, eighty percent of any such fine or penalty
     8  imposed for such liability shall be paid to the thruway  authority,  and
     9  twenty  percent  of any such fine or penalty shall be paid to the county
    10  in which the violation giving rise to the  liability  occurred;  or  (b)
    11  where  collected  by  a  hearing  officer appointed by the commissioner,
    12  eighty percent of any such fine or penalty imposed  for  such  liability
    13  shall  be  paid  to  the  thruway authority, and twenty percent shall be
    14  deposited in the work zone speed camera administration fund  established
    15  pursuant  to  section  ninety-nine-ss  of  the  state  finance law. With
    16  respect to the percentage of fines or  penalties  paid  to  the  thruway
    17  authority,  no  less  than  sixty  percent shall be dedicated to thruway
    18  authority work zone safety projects after deducting the expenses  neces-
    19  sary to administer such [demonstration] program, provided, however, that
    20  except  as  provided  pursuant  to  section  ninety-nine-ss of the state
    21  finance law, such funds provided pursuant to this subdivision  shall  be
    22  payable  on  the  audit and warrant of the comptroller and shall only be
    23  used to supplement and not supplant current expenditures of state  funds
    24  on  work  zone  safety  projects.  For the purposes of this subdivision,
    25  "work zone safety projects" shall apply to work zones under  the  juris-
    26  diction  of  the thruway authority and shall include, but not be limited
    27  to, inspection and implementation  of  work  zone  design,  maintenance,
    28  traffic plans and markings, worker safety training, contractor outreach,
    29  enforcement  efforts,  radar  speed  display  signs at major active work
    30  zones and police presence at major active work  zones,  as  provided  in
    31  section  twenty-two  of the transportation law. For the purposes of this
    32  subdivision, the term "thruway authority" shall mean the New York  state
    33  thruway  authority,  a  body corporate and politic constituting a public
    34  corporation created and constituted pursuant to title  nine  of  article
    35  two  of the public authorities law. All fines, penalties and forfeitures
    36  paid to a county, city, town or village pursuant to  the  provisions  of
    37  this  subdivision  shall be credited to the general fund of such county,
    38  city, town or village, unless a different disposition is  prescribed  by
    39  charter, special law, local law or ordinance.
    40    13. Where the Triborough bridge and tunnel authority has established a
    41  program  imposing monetary liability on the owner of a vehicle for fail-
    42  ure of an operator thereof to comply with subdivision (b), (d),  (f)  or
    43  (g)  of section eleven hundred eighty of this chapter in accordance with
    44  section eleven hundred eighty-h of this chapter,  any  fine  or  penalty
    45  collected  by the New York city parking violations bureau for an imposi-
    46  tion of liability which occurs pursuant to such program shall be paid to
    47  the state comptroller within the first ten days of the  month  following
    48  collection, except as otherwise provided in subdivision three of section
    49  ninety-nine-a  of  the  state  finance  law. Every such payment shall be
    50  accompanied by a statement in such form and detail  as  the  comptroller
    51  shall  provide.  Notwithstanding  the  provisions of subdivision five of
    52  this section, eighty percent of any such fine  or  penalty  imposed  for
    53  such liability shall be paid to the Triborough bridge and tunnel author-
    54  ity, and twenty percent of any such fine or penalty shall be paid to the
    55  New  York city parking violations bureau. With respect to the percentage
    56  of fines or penalties paid to the Triborough bridge and tunnel  authori-

        S. 3008                            58                            A. 3008
 
     1  ty,  no  less than sixty percent shall be dedicated to Triborough bridge
     2  and tunnel authority work  zone  safety  projects  after  deducting  the
     3  expenses  necessary  to administer such program, provided, however, that
     4  such funds provided pursuant to this subdivision shall be payable on the
     5  audit  and  warrant of the comptroller and shall only be used to supple-
     6  ment and not supplant current expenditures of state funds on  work  zone
     7  safety projects. For the purposes of this subdivision, "work zone safety
     8  projects"  shall  apply  to  work  zones  under  the jurisdiction of the
     9  Triborough bridge and tunnel authority and shall  include,  but  not  be
    10  limited  to,  inspection and implementation of work zone design, mainte-
    11  nance, traffic plans and markings, worker  safety  training,  contractor
    12  outreach, enforcement efforts, radar speed display signs at major active
    13  work  zones  and police presence at major active work zones, as provided
    14  in section twenty-two of the transportation law.  For  the  purposes  of
    15  this  subdivision,  the  term  "Triborough  bridge and tunnel authority"
    16  shall mean the New York state Triborough bridge and tunnel authority,  a
    17  body  corporate  and  politic  constituting a public benefit corporation
    18  created and constituted pursuant to title three of article three of  the
    19  public  authorities  law. All fines, penalties and forfeitures paid to a
    20  county, city, town or village pursuant to the provisions of this  subdi-
    21  vision  shall be credited to the general fund of such county, city, town
    22  or village, unless a different disposition  is  prescribed  by  charter,
    23  special law, local law or ordinance.
    24    14.  Where  the  New  York  state  bridge  authority has established a
    25  program imposing monetary liability on the owner of a vehicle for  fail-
    26  ure  of  an operator thereof to comply with subdivision (b), (d), (f) or
    27  (g) of section eleven hundred eighty of this chapter in accordance  with
    28  section  eleven  hundred  eighty-i  of this chapter, any fine or penalty
    29  collected by a court, judge, magistrate or other officer for an  imposi-
    30  tion of liability which occurs pursuant to such program shall be paid to
    31  the  state  comptroller within the first ten days of the month following
    32  collection, except as otherwise provided in subdivision three of section
    33  ninety-nine-a of the state finance law.  Every  such  payment  shall  be
    34  accompanied  by  a  statement in such form and detail as the comptroller
    35  shall provide. Notwithstanding the provisions  of  subdivision  five  of
    36  this  section,  eighty  percent  of any such fine or penalty imposed for
    37  such liability shall be paid to the bridge authority, and twenty percent
    38  of any such fine or penalty shall be paid to the city, town  or  village
    39  in  which the violation giving rise to the liability occurred, provided,
    40  however, that (a) within a county that has  established  a  traffic  and
    41  parking  violations  agency pursuant to section three hundred seventy of
    42  the general municipal law and such liability  is  disposed  of  by  such
    43  agency,  eighty  percent  of  any  such fine or penalty imposed for such
    44  liability shall be paid to the bridge authority, and twenty  percent  of
    45  any  such  fine  or  penalty  shall  be  paid to the county in which the
    46  violation giving rise to the liability occurred; or (b) where  collected
    47  by  a  hearing  officer appointed by the commissioner, eighty percent of
    48  any such fine or penalty imposed for such liability shall be paid to the
    49  bridge authority, and twenty percent shall be deposited in the work zone
    50  speed camera administration fund established pursuant to  section  nine-
    51  ty-nine-ss  of the state finance law.  With respect to the percentage of
    52  fines or penalties paid to the bridge  authority,  no  less  than  sixty
    53  percent shall be dedicated to bridge authority work zone safety projects
    54  after  deducting  the  expenses  necessary  to  administer such program,
    55  provided, however, that except as provided pursuant to  section  ninety-
    56  nine-ss  of  the state finance law, such funds provided pursuant to this

        S. 3008                            59                            A. 3008
 
     1  subdivision shall be payable on the audit and warrant of the comptroller
     2  and shall only be used to supplement and not supplant  current  expendi-
     3  tures  of  state funds on work zone safety projects. For the purposes of
     4  this  subdivision, "work zone safety projects" shall apply to work zones
     5  under the jurisdiction of the bridge authority and  shall  include,  but
     6  not  be  limited  to, inspection and implementation of work zone design,
     7  maintenance,  traffic  plans  and  markings,  worker  safety   training,
     8  contractor  outreach,  enforcement efforts, radar speed display signs at
     9  major active work zones and police presence at major active work  zones,
    10  as  provided  in  section  twenty-two of the transportation law. For the
    11  purposes of this subdivision, the term "bridge authority" shall mean the
    12  New York state bridge authority, a body corporate and politic constitut-
    13  ing a public benefit corporation created  and  constituted  pursuant  to
    14  title  two  of  article  three of the public authorities law. All fines,
    15  penalties and forfeitures paid to a county, city, town or village pursu-
    16  ant to the provisions of this  subdivision  shall  be  credited  to  the
    17  general  fund  of such county, city, town or village, unless a different
    18  disposition is prescribed by charter, special law, local  law  or  ordi-
    19  nance.
    20    § 5. The state finance law is amended by adding a new section 99-ss to
    21  read as follows:
    22    § 99-ss. Work zone speed camera administration fund. 1. There is here-
    23  by  established in the joint custody of the commissioner of taxation and
    24  finance and the comptroller a special fund to be known as the "work zone
    25  speed camera administration fund".
    26    2. The fund shall consist of  fines  or  penalties  collected  by  the
    27  commissioner of motor vehicles for violations of sections eleven hundred
    28  eighty-e  and eleven hundred eighty-i of the vehicle and traffic law and
    29  pursuant to subdivisions eleven, twelve and fourteen of section eighteen
    30  hundred and three of the vehicle and traffic law.
    31    3. Moneys of the fund shall be made available  to  the  department  of
    32  motor  vehicles only for the costs incurred by the department in adjudi-
    33  cating  liabilities  and  hearing   administrative   appeals   regarding
    34  violations of sections eleven hundred eighty-e and eleven hundred eight-
    35  y-i of the vehicle and traffic law.
    36    4.  The  moneys of the fund shall be paid out on the audit and warrant
    37  of the comptroller on vouchers certified or approved by the commissioner
    38  of motor vehicles. At the end of each year any moneys remaining  in  the
    39  fund  shall  be retained in the fund and shall not revert to the general
    40  fund.   The interest and income earned  on  money  in  the  fund,  after
    41  deducting any applicable charges, shall be credited to the fund.
    42    § 6. Subdivision 2 of section 87 of the public officers law is amended
    43  by adding two new paragraphs (v) and (w) to read as follows:
    44    (v)  are  photographs,  microphotographs,  videotape or other recorded
    45  images prepared under authority of section eleven  hundred  eleven-h  of
    46  the vehicle and traffic law.
    47    (w)  are  photographs,  microphotographs,  videotape or other recorded
    48  images prepared under authority of section eleven  hundred  eleven-i  of
    49  the vehicle and traffic law.
    50    §  7. Section 16 of chapter 421 of the laws of 2021 amending the vehi-
    51  cle and traffic law and the general municipal law  relating  to  certain
    52  notices of liability, is amended to read as follows:
    53    §  16.  This act shall take effect on the thirtieth day after it shall
    54  have become a law; [provided, however, that sections  twelve,  thirteen,
    55  fourteen  and  fifteen of this act shall expire and be deemed repealed 5
    56  years after such effective date when upon such date the  provisions   of

        S. 3008                            60                            A. 3008

     1  such  sections  shall be deemed repealed;] provided that effective imme-
     2  diately, the addition, amendment and/or repeal of any rule or regulation
     3  necessary for the implementation of this act on its effective  date  are
     4  authorized  to  be made and completed on or before such effective date[;
     5  and provided further, that:
     6    (a) the amendments to the  opening  paragraph  and  paragraph  (c)  of
     7  subdivision  1  of  section  1809 of the vehicle and traffic law made by
     8  section eight of this act  shall  not  affect  the  expiration  of  such
     9  section and shall be deemed to expire therewith, when upon such date the
    10  provisions of section eight-a of this act shall take effect;
    11    (b)  the  amendments  to  the  opening  paragraph and paragraph (c) of
    12  subdivision 1 of section 1809 of the vehicle and  traffic  law  made  by
    13  section  eight-a  of  this  act  shall not affect the expiration of such
    14  section and shall be deemed to expire therewith, when upon such date the
    15  provisions of section eight-b of this act shall take effect;
    16    (c) the amendments to subdivision 1 of section 1809 of the vehicle and
    17  traffic law made by section eight-b of this act  shall  not  affect  the
    18  expiration of such section and shall be deemed to expire therewith, when
    19  upon  such date the provisions of section eight-c of this act shall take
    20  effect;
    21    (d) the amendments to subdivision 1 of section 1809 of the vehicle and
    22  traffic law made by section eight-c of this act  shall  not  affect  the
    23  expiration of such section and shall be deemed to expire therewith, when
    24  upon  such date the provisions of section eight-d of this act shall take
    25  effect;
    26    (e) the amendments to subdivision 1 of section 1809 of the vehicle and
    27  traffic law made by section eight-d of this act  shall  not  affect  the
    28  expiration of such section and shall be deemed to expire therewith, when
    29  upon  such date the provisions of section eight-e of this act shall take
    30  effect;
    31    (f) the amendments to subdivision 1 of section 1809 of the vehicle and
    32  traffic law made by section eight-e of this act  shall  not  affect  the
    33  expiration of such section and shall be deemed to expire therewith, when
    34  upon  such date the provisions of section eight-f of this act shall take
    35  effect;
    36    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
    37  traffic law made by section eight-f of this act  shall  not  affect  the
    38  expiration of such section and shall be deemed to expire therewith, when
    39  upon  such date the provisions of section eight-g of this act shall take
    40  effect; and
    41    (h) the amendments to subdivision 1 of section 1809 of the vehicle and
    42  traffic law made by section eight-g of this act  shall  not  affect  the
    43  expiration of such section and shall be deemed to expire therewith, when
    44  upon  such date the provisions of section eight-h of this act shall take
    45  effect].
    46    § 8. For the purpose of informing and educating owners of motor  vehi-
    47  cles  in  this state, an agency or authority authorized to issue notices
    48  of liability pursuant to the provisions of this act  shall,  during  the
    49  first  thirty-day period in which the photo violation monitoring systems
    50  are in operation pursuant to the provisions of this act, issue a written
    51  warning in lieu of a notice of liability to all owners of motor vehicles
    52  who would be held liable for failure of operators thereof to comply with
    53  subdivision (b), (d), (f) or (g) of section eleven hundred eighty of the
    54  vehicle and traffic law  in  accordance  with  sections  eleven  hundred
    55  eighty-h and eleven hundred eighty-i of the vehicle and traffic law.

        S. 3008                            61                            A. 3008
 
     1    §  9.  This  act shall take effect immediately; provided however, that
     2  sections one, two, three, four, five and six  of  this  act  shall  take
     3  effect  on the thirtieth day after it shall have become a law. Effective
     4  immediately, the addition, amendment and/or repeal of any rule or  regu-
     5  lation  necessary  for  the  implementation of this act on its effective
     6  date are authorized to be made and completed on or before such effective
     7  date.
 
     8                                   PART R
 
     9    Section 1. Subdivision 11 of section  120.05  of  the  penal  law,  as
    10  amended  by  section  2  of part Z of chapter 55 of the laws of 2024, is
    11  amended to read as follows:
    12    11. With intent to cause physical injury to a train  operator,  ticket
    13  inspector, conductor, signalperson, bus operator, station agent, station
    14  cleaner,  terminal cleaner, station customer assistant, traffic checker;
    15  person whose official duties include the sale or collection of  tickets,
    16  passes,  vouchers,  or  other  revenue payment media for use on a train,
    17  bus, or ferry the collection or handling of revenues therefrom; a person
    18  whose official duties include  the  construction,  maintenance,  repair,
    19  inspection,  troubleshooting, testing or cleaning of buses or ferries, a
    20  transit signal system, elevated or underground  subway  tracks,  transit
    21  station  or  transportation structure, including fare equipment, escala-
    22  tors, elevators and other  equipment  necessary  to  passenger  service,
    23  commuter rail tracks or stations, train yard, revenue train in passenger
    24  service,  a ferry station, or a train or bus station or terminal, or any
    25  roadways,  walkways,  tunnels,  bridges,  tolling  facilities  or  their
    26  supporting  systems,  building  or  structures;  or a supervisor of such
    27  personnel, employed by any transit or commuter rail agency, authority or
    28  company, public or private, whose operation is authorized or established
    29  by New York state or any of its political subdivisions, a city  marshal,
    30  a  school  crossing  guard  appointed  pursuant  to  section two hundred
    31  eight-a of the general municipal law,  a  traffic  enforcement  officer,
    32  traffic enforcement agent, motor vehicle license examiner, motor vehicle
    33  representative,  highway  worker as defined in section one hundred eigh-
    34  teen-a of the vehicle and traffic law,  motor  carrier  investigator  as
    35  defined  in  section  one  hundred eighteen-b of the vehicle and traffic
    36  law, motor vehicle inspector as defined in  section  one  hundred  eigh-
    37  teen-c of the vehicle and traffic law, prosecutor as defined in subdivi-
    38  sion  thirty-one  of section 1.20 of the criminal procedure law, sanita-
    39  tion enforcement agent, New York city sanitation worker,  public  health
    40  sanitarian,  New  York  city public health sanitarian, registered nurse,
    41  licensed practical nurse, emergency medical service paramedic, or  emer-
    42  gency  medical  service technician, [he or she] such person causes phys-
    43  ical injury to such train operator, ticket inspector, conductor, signal-
    44  person, bus operator, station agent, station cleaner, terminal  cleaner,
    45  station  customer  assistant,  traffic  checker;  person  whose official
    46  duties include the sale or collection of tickets,  passes,  vouchers  or
    47  other  revenue  payment  media  for use on a train, bus, or ferry or the
    48  collection or handling of revenues therefrom; a  person  whose  official
    49  duties  include the construction, maintenance, repair, inspection, trou-
    50  bleshooting, testing or cleaning of buses or ferries, a  transit  signal
    51  system, elevated or underground subway tracks, transit station or trans-
    52  portation structure, including fare equipment, escalators, elevators and
    53  other  equipment necessary to passenger service, commuter rail tracks or
    54  stations, train yard,  revenue  train  in  passenger  service,  a  ferry

        S. 3008                            62                            A. 3008
 
     1  station,  or  a train or bus station or terminal, or any roadways, walk-
     2  ways, tunnels, bridges, tolling facilities or their supporting  systems,
     3  buildings  or  structures;  or  a  supervisor  of  such  personnel, city
     4  marshal, school crossing guard appointed pursuant to section two hundred
     5  eight-a of the general municipal law, traffic enforcement officer, traf-
     6  fic  enforcement  agent,  motor  vehicle license examiner, motor vehicle
     7  representative, highway worker as defined in section one  hundred  eigh-
     8  teen-a  of  the  vehicle  and traffic law, motor carrier investigator as
     9  defined in section one hundred eighteen-b of  the  vehicle  and  traffic
    10  law,  motor  vehicle  inspector  as defined in section one hundred eigh-
    11  teen-c of the vehicle and traffic law, prosecutor as defined in subdivi-
    12  sion thirty-one of section 1.20 of the criminal  procedure  law,  regis-
    13  tered  nurse,  licensed  practical  nurse, public health sanitarian, New
    14  York city public health sanitarian, sanitation  enforcement  agent,  New
    15  York  city  sanitation  worker,  emergency medical service paramedic, or
    16  emergency medical service technician, while such employee is  performing
    17  [an  assigned  duty  on,  or directly related to,] a lawful act related,
    18  directly or indirectly, to an employment responsibility,  including  but
    19  not  limited  to the operation of a train or bus, cleaning of a train or
    20  bus station or terminal, assisting customers, checking traffic, the sale
    21  or collection of tickets, passes, vouchers, or other revenue  media  for
    22  use  on  a train, bus, or ferry or maintenance or cleaning of a train, a
    23  bus, a ferry, or bus station or terminal,  signal  system,  elevated  or
    24  underground  subway tracks, transit station or transportation structure,
    25  including fare equipment,  escalators,  elevators  and  other  equipment
    26  necessary  to passenger service, commuter rail tracks or stations, train
    27  yard or revenue train in passenger service, a  ferry  station,  or  such
    28  city  marshal, school crossing guard, traffic enforcement officer, traf-
    29  fic enforcement agent, motor vehicle  license  examiner,  motor  vehicle
    30  representative,  highway  worker as defined in section one hundred eigh-
    31  teen-a of the vehicle and traffic law,  motor  carrier  investigator  as
    32  defined  in  section  one  hundred eighteen-b of the vehicle and traffic
    33  law, motor vehicle inspector as defined in  section  one  hundred  eigh-
    34  teen-c of the vehicle and traffic law, prosecutor as defined in subdivi-
    35  sion  thirty-one  of  section 1.20 of the criminal procedure law, regis-
    36  tered nurse, licensed practical nurse,  public  health  sanitarian,  New
    37  York  city  public  health sanitarian, sanitation enforcement agent, New
    38  York city sanitation worker, emergency  medical  service  paramedic,  or
    39  emergency medical service technician is performing an assigned duty; or
    40    §  2.  The  vehicle  and  traffic  law  is amended by adding three new
    41  sections 118-a, 118-b and 118-c to read as follows:
    42    § 118-a. Highway worker. Any person employed by or on  behalf  of  the
    43  state, a county, city, town, village, a public authority, local authori-
    44  ty,  public utility company, or an agent or contractor of any such enti-
    45  ty, or a flagperson as defined in section one hundred fifteen-b of  this
    46  article,  who  has  been  assigned  to perform work on a highway, public
    47  highway, roadway, access highway, or qualifying highway, or  within  the
    48  highway  right  of  way. Such work may include, but shall not be limited
    49  to, construction, reconstruction,  maintenance,  improvement,  flagging,
    50  utility  installation,  or  the  operation of equipment. For purposes of
    51  this section, the term "highway right of  way"  shall  mean  the  entire
    52  width  between  the  boundary  line  of  all  property  which  has  been
    53  purchased, appropriated, or designated by the state, a municipal entity,
    54  or a public benefit corporation for highway purposes, all property  over
    55  which  the  commissioner  of  transportation,  any  municipal entity, or
    56  public  benefit  corporation  has  assumed  jurisdiction   for   highway

        S. 3008                            63                            A. 3008
 
     1  purposes,  and  all  property  that  has become part of a highway system
     2  through dedication or use, including any property deemed  necessary  for
     3  the  maintenance,  construction,  reconstruction,  or improvement of any
     4  highway.   Such   work   may  include,  but  shall  not  be  limited  to
     5  construction, reconstruction, maintenance, improvement, flagging, utili-
     6  ty installation, or the operation of equipment.
     7    § 118-b. Motor  carrier  investigator.  Any  person  employed  by  the
     8  department  of  transportation who has been assigned to perform investi-
     9  gations of any motor carriers regulated by the commissioner of transpor-
    10  tation.
    11    § 118-c. Motor vehicle inspector. Any person employed by  the  depart-
    12  ment  of  transportation who has been assigned to perform inspections of
    13  any motor vehicles regulated by the commissioner of transportation.
    14    § 3. This act shall take effect on the ninetieth day  after  it  shall
    15  have become a law.
 
    16                                   PART S
 
    17    Section  1. Section 4 of chapter 495 of the laws of 2004, amending the
    18  insurance law and the public health law relating to the New  York  state
    19  health  insurance  continuation  assistance  demonstration  project,  as
    20  amended by section 1 of part BB of chapter 58 of the laws  of  2024,  is
    21  amended to read as follows:
    22    §  4.  This  act  shall take effect on the sixtieth day after it shall
    23  have become a law; provided, however, that  this  act  shall  remain  in
    24  effect  until  July 1, [2025] 2026 when upon such date the provisions of
    25  this act shall expire and be deemed repealed; provided, further, that  a
    26  displaced  worker shall be eligible for continuation assistance retroac-
    27  tive to July 1, 2004.
    28    § 2. This act shall take effect immediately.
 
    29                                   PART T
 
    30    Section 1. Subdivision 7 of section 2611  of  the  public  authorities
    31  law,  as  amended  by  section 1 of part NN of chapter 58 of the laws of
    32  2019, is amended to read as follows:
    33    7. To enter into contracts, leases and subleases and  to  execute  all
    34  instruments  necessary  or convenient for the conduct of authority busi-
    35  ness, including agreements with the park district and any  state  agency
    36  which  administers, owns or supervises any olympic facility or Belleayre
    37  Mountain ski center, as provided in sections twenty-six  hundred  twelve
    38  and  twenty-six hundred fourteen of this title[, and including contracts
    39  or other agreements to plan, prepare for and host the two thousand twen-
    40  ty-three World University Games to be held  in  Lake  Placid,  New  York
    41  where  such  contracts  or  agreements  would  obligate the authority to
    42  defend, indemnify and/or insure third parties in connection with,  aris-
    43  ing  out  of, or relating to such games, such authority to be limited by
    44  the amount of any lawful  appropriation  or  other  funding  such  as  a
    45  performance  bond  surety,  or  other  collateral  instrument  for  that
    46  purpose. With respect to the two thousand twenty-three World  University
    47  Games,  the  amount  of such appropriation shall be no more than sixteen
    48  million dollars]. This shall include the power to enter  into  contracts
    49  or  other agreements to join reciprocal ski pass programs with other ski
    50  areas, where the members of such reciprocal pass program are required to
    51  defend and/or indemnify one or more other members of  such  program  for
    52  claims or causes of action arising out of, or relating to, such contract

        S. 3008                            64                            A. 3008
 
     1  or  agreement. This power shall be limited by the amount of the authori-
     2  ty's discretionary funds, any lawful appropriation, or other funding, up
     3  to a limit of two hundred fifty thousand dollars per such claim or cause
     4  of action;
     5    § 2. This act shall take effect immediately.
 
     6                                   PART U
 
     7    Section 1. The general business law is amended by adding a new article
     8  47 to read as follows:
     9                                  ARTICLE 47
    10                  ARTIFICIAL INTELLIGENCE COMPANION MODELS
    11  Section. 1700. Definitions.
    12           1701. Prohibitions and requirements.
    13           1702. Notifications.
    14           1703. Enforcement.
    15           1704. Severability.
    16    §  1700.  Definitions.  As  used  in this article, the following terms
    17  shall have the following meanings:
    18    1. "Artificial intelligence", "artificial intelligence technology", or
    19  "AI" means a machine-based system that can, for a given set of human-de-
    20  fined objectives, make predictions, recommendations, or decisions influ-
    21  encing real or virtual environments, and that uses machine-  and  human-
    22  based  inputs  to  perceive real and virtual environments, abstract such
    23  perceptions into models through analysis in an automated manner, and use
    24  model inference to formulate options for information or action.
    25    2. "Generative artificial intelligence" means a  class  of  AI  models
    26  that  are  self-supervised and emulate the structure and characteristics
    27  of input data to generate derived synthetic content, including, but  not
    28  limited to, images, videos, audio, text, and other digital content.
    29    3.  "AI  model" means a component of an information system that imple-
    30  ments artificial intelligence technology and uses computational, statis-
    31  tical, or machine-learning techniques to produce outputs  from  a  given
    32  set of inputs.
    33    4. "AI companion" means a system using artificial intelligence, gener-
    34  ative  artificial  intelligence, and/or emotional recognition algorithms
    35  to simulate social human interaction, by retaining information on  prior
    36  interactions  and  user  preference, asking questions, providing advice,
    37  and engaging in simulated conversation on matters of  personal  well-be-
    38  ing.
    39    5.  "Operator"  means  any  person, partnership, association, firm, or
    40  business entity, or any  member,  affiliate,  subsidiary  or  beneficial
    41  owner  of  any  partnership,  association,  firm, or business entity who
    42  operates or provides an AI companion.
    43    6. "Person" means any natural person.
    44    7. "Emotional recognition algorithms"  means  artificial  intelligence
    45  that  detects  and  interprets  human  emotional  signals in text (using
    46  natural language processing and sentiment analysis), audio (using  voice
    47  emotion  AI),  video  (using facial movement analysis, gait analysis, or
    48  physiological signals), or a combination thereof.
    49    8. "User" means any person who uses an AI companion within  the  state
    50  and  who is not an operator or agent or affiliate of the operator of the
    51  AI companion.
    52    § 1701. Prohibitions and requirements.  It shall be unlawful  for  any
    53  operator  to operate or provide an AI companion to a user unless such AI
    54  companion contains a protocol for addressing possible suicidal  ideation

        S. 3008                            65                            A. 3008
 
     1  or  self-harm expressed by a user to the AI companion, that includes but
     2  is not limited to, a notification to the user that refers them to crisis
     3  service providers such as a suicide hotline, crisis text line, or  other
     4  appropriate crisis services.
     5    §  1702.  Notifications. An operator shall provide a notification to a
     6  user at the beginning of any AI companion interaction and at least every
     7  three hours for continuing AI companion interactions  thereafter,  which
     8  states  either  verbally  or in bold and capitalized letters of at least
     9  sixteen point type, the following:
    10    "THE AI COMPANION (OR NAME OF THE AI COMPANION) IS A COMPUTER  PROGRAM
    11  AND NOT A HUMAN BEING. IT IS UNABLE TO FEEL HUMAN EMOTION".
    12    §  1703.  Enforcement.  Any person aggrieved by a violation of section
    13  seventeen hundred one or seventeen hundred two of this article may bring
    14  an action in a court of competent jurisdiction  for  damages,  equitable
    15  relief, and such other remedies as the court may deem appropriate.
    16    § 1704. Severability. If any clause, sentence, paragraph, subdivision,
    17  section  or part of this act shall be adjudged by any court of competent
    18  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
    19  invalidate the remainder thereof, but shall be confined in its operation
    20  to the clause, sentence, paragraph, subdivision, section or part thereof
    21  directly  involved  in the controversy in which such judgment shall have
    22  been rendered. It is hereby declared to be the intent of the legislature
    23  that this act would have been enacted even if  such  invalid  provisions
    24  had not been included herein.
    25    § 2. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law.
 
    27                                   PART V
 
    28    Section 1. The article heading of article 12-B of the general business
    29  law, as added by chapter 1005 of the laws of 1960, is amended to read as
    30  follows:
    31                  RETAIL SALES AND MERCANTILE ESTABLISHMENTS
    32    §  2.  The  section  heading  and  subdivision 1 of section 217 of the
    33  general business law, as amended by chapter 278 of the laws of 2009, are
    34  amended and two new subdivisions 3 and 4 are added to read as follows:
    35    [Definition] Definitions.
    36    1. "Retail mercantile establishment" shall mean a place  where  goods,
    37  wares  or  merchandise  are offered to the public for sale, but does not
    38  include any retail seller  as  defined  in  subdivision  three  of  this
    39  section.
    40    3.  "Retail  seller"  shall  mean  any association, partnership, firm,
    41  corporation, limited liability company or other  business  entity  that:
    42  (a) is comprised of five hundred or more employees statewide or that has
    43  annual  gross  revenues  from sales in New York of five hundred thousand
    44  dollars or more; and (b) that is engaged in the retail  sale  of  goods,
    45  wares,  or merchandise to the public in New York state through any phys-
    46  ical or virtual medium, including but not limited to  ecommerce,  mobile
    47  app,  social  media or any other virtual marketplace.  A "retail seller"
    48  shall not include a platform or business that  facilitates  transactions
    49  between independent sellers or businesses and consumers by, for example,
    50  providing  infrastructure to advertise and market such independent sell-
    51  ers' or businesses' products and facilitating payment processing.
    52    4. "Retail sale" shall mean a sale of  commodities  or  goods  to  the
    53  ultimate  consumer primarily for personal, family or household purposes.

        S. 3008                            66                            A. 3008

     1  As used in this section, the term "retail sale"  does  not  include  the
     2  sale of used goods.
     3    § 3. The section heading of section 218-a of the general business law,
     4  as  amended  by  chapter  278 of the laws of 2009, is amended to read as
     5  follows:
     6    Disclosure of refund policies by retail mercantile establishments.
     7    § 4. The general business law is amended by adding a new section  218-
     8  aaa to read as follows:
     9    §  218-aaa.  Minimum  standards  for refund policies and disclosure by
    10  retail sellers. 1. (a) Every retail seller  shall  offer  full  cash  or
    11  credit  refunds,  equal exchanges, or store credit, at the discretion of
    12  the seller and subject to the exclusions outlined in subdivision two  of
    13  this section, for at least thirty days following purchase of the goods.
    14    (b)    Every  retail  seller  shall set forth its refund policy on the
    15  receipt or proof of purchase.
    16    (c) Every retail seller shall conspicuously post its refund policy  on
    17  a  sign  or notice attached to or near the item itself, a display of the
    18  item or a description of the item, on a sign affixed to or clearly visi-
    19  ble from each cash register or point of sale at  which  such  goods  are
    20  offered, or on a retail seller's order forms, if any.
    21    2.  This  section  does not apply to food, plants, flowers, perishable
    22  goods, goods marked "as is," "no returns accepted," "all  sales  final,"
    23  or  with similar language, goods used or damaged after purchase, custom-
    24  ized goods received as ordered, goods not returned with  their  original
    25  package, and goods which cannot be resold due to health considerations.
    26    3.  Any retail seller who violates any provision of this section shall
    27  be liable to the buyer for a cash or credit refund for the total  amount
    28  of  the  original  purchase,  provided  the buyer can verify the date of
    29  purchase with a  receipt  or  any  other  purchase  verification  method
    30  utilized by the retail seller.
    31    4.  This  section  does  not  relieve any retail seller subject to the
    32  provisions of this section from complying with any law, ordinance,  rule
    33  or regulation of any locality relating to the posting of refund policies
    34  which  affords  the  buyer  greater protection than do the provisions of
    35  this section.
    36    § 5. This act shall take effect on the ninetieth day  after  it  shall
    37  have become a law.
 
    38                                   PART W
 
    39    Section 1. Subdivisions 2 and 3 of section 527 of the general business
    40  law, as added by chapter 267 of the laws of 2020, are amended to read as
    41  follows:
    42    2.  ["Automatic  renewal  offer  terms"  means the following clear and
    43  conspicuous disclosures:
    44    a. that the subscription or purchasing agreement will  continue  until
    45  the consumer cancels;
    46    b.  the  description  of  the  cancellation policy that applies to the
    47  offer;
    48    c. the recurring charges that will be charged to the consumer's credit
    49  or debit card or payment account with a third party as part of the auto-
    50  matic renewal plan or arrangement, and that the amount of the charge may
    51  change, if that is the case, and the amount to  which  the  charge  will
    52  change, if known;
    53    d.  the  length  of  the automatic renewal term or that the service is
    54  continuous, unless the length of the term is chosen by the consumer; and

        S. 3008                            67                            A. 3008

     1    e. the minimum purchase obligation, if any]  "Knowing"  means  that  a
     2  person, with respect to information:
     3    a. has actual knowledge of the information;
     4    b.  acts in deliberate ignorance of the truth or falsity of the infor-
     5  mation; or
     6    c. acts in reckless disregard of the truth or falsity of the  informa-
     7  tion.
     8    3.  "Clear and conspicuous" means [in larger type than the surrounding
     9  text, or in contrasting type, font, or color to the surrounding text  of
    10  the  same size, or set off from the surrounding text of the same size by
    11  symbols or other marks, in a manner that clearly calls attention to  the
    12  language.  In  the  case of an audio disclosure, "clear and conspicuous"
    13  means in a volume and cadence  sufficient  to  be  readily  audible  and
    14  understandable]  that  a required disclosure is easily noticeable (i.e.,
    15  difficult to miss) and  easily  understandable  by  ordinary  consumers,
    16  including in all of the following ways:
    17    a.  In  any communication that is solely visual or solely audible, the
    18  disclosure must be made through the same means through which the  commu-
    19  nication is presented. In any communication made through both visual and
    20  audible  means,  such as a television advertisement, the disclosure must
    21  be presented simultaneously in both the visual and audible  portions  of
    22  the communication even if the representation requiring the disclosure is
    23  made in only one means;
    24    b. A visual disclosure, by its size, contrast, location, the length of
    25  time  it  appears,  and  other  characteristics, must stand out from any
    26  accompanying text or other visual elements so that it is easily noticed,
    27  read, and understood;
    28    c. An audible disclosure, including by telephone or  streaming  video,
    29  must  be  delivered in a volume, speed, and cadence sufficient for ordi-
    30  nary consumers to easily hear and understand it;
    31    d. In any communication using the  internet,  mobile  application,  or
    32  software, the disclosure must be unavoidable;
    33    e.  The disclosure must use diction and syntax understandable to ordi-
    34  nary consumers and must appear in each language in which  the  represen-
    35  tation that requires the disclosure appears;
    36    f.  The  disclosure must comply with these requirements in each medium
    37  through which it is received, including all electronic devices and face-
    38  to-face communications;
    39    g. The disclosure must not be contradicted or mitigated by, or  incon-
    40  sistent with, anything else in the communication; and
    41    h.  When the representation or sales practice targets a specific audi-
    42  ence, such as children, older adults, or the terminally  ill,  "ordinary
    43  consumers" includes members of that group.
    44    §  2.  Section  527-a of the general business law, as added by chapter
    45  267 of the laws of 2020, subdivisions 3 and 8 as amended by chapter  728
    46  of the laws of 2023, is amended to read as follows:
    47    §  527-a. Unlawful practices. 1. It shall be unlawful for any business
    48  making an automatic renewal or continuous service offer to a consumer in
    49  this state to [do any of the following]:
    50    a. fail to present to the consumer, in a clear and conspicuous manner,
    51  the material terms of any automatic renewal offer [terms] or  continuous
    52  service  offer  [terms in a clear and conspicuous manner], including but
    53  not limited to the amount  of  the  costs  that  will  be  charged,  the
    54  frequency of charges, and the deadline by date or frequency by which the
    55  consumer  must act to prevent or stop further charges, before consent to
    56  the [subscription or purchasing agreement is fulfilled] offer or billing

        S. 3008                            68                            A. 3008
 
     1  information has been requested and in visual proximity, or in  the  case
     2  of an offer conveyed by voice, in temporal proximity, to the request for
     3  consent  to the offer. If the offer [also includes a free gift or trial]
     4  price  is  temporary,  the  offer  shall include a clear and conspicuous
     5  explanation of how and when the price will change and the price or pric-
     6  es that will subsequently be charged [after the trial ends or the manner
     7  in which the subscription or purchasing agreement  pricing  will  change
     8  upon conclusion of the trial] to the consumer;
     9    b.  charge  the  consumer's  credit  or  debit  card or the consumer's
    10  account with a third  party  for  an  automatic  renewal  or  continuous
    11  service,  or  for any previously undisclosed increased price relating to
    12  an automatic renewal or continuous service offer to which  the  consumer
    13  previously  consented,  without  first  obtaining the consumer's express
    14  affirmative consent to [the agreement containing] the automatic  renewal
    15  offer terms or continuous service offer terms, including the terms of an
    16  automatic  renewal  offer  or continuous service offer that is made at a
    17  promotional or discounted price for a limited period of time; [or]
    18    c. fail to provide an  acknowledgment  [that  includes  the  automatic
    19  renewal  or  continuous  service  offer  terms, cancellation policy, and
    20  information regarding how to cancel]  of  the  terms  of  the  automatic
    21  renewal,  continuous service offer, or increased price at or immediately
    22  following acceptance in a manner [that is] capable of being retained  by
    23  the  consumer[. If the offer includes a free gift or trial, the business
    24  shall also disclose in the acknowledgment how to cancel  and  allow  the
    25  consumer  to cancel before the consumer pays for the goods or services.]
    26  that includes:
    27    (i) a clear and conspicuous disclosure to the consumer  of  the  mech-
    28  anism  by which the automatic renewal or continuous service offer may be
    29  cancelled, provided that any cancellation mechanism must be at least  as
    30  easy  to  access and use as the mechanism by which the consumer provided
    31  consent; and
    32    (ii) contact information for the business, including a toll-free tele-
    33  phone number, email address, and web address,  if  a  website  is  main-
    34  tained;
    35    d.  fail to provide the consumer with the option to cancel at any time
    36  through the same medium by which the  consumer  accepted  the  automatic
    37  renewal,  continuous  service  offer,  or  any price increase, which may
    38  include but not be limited to:
    39    (i) a direct connection to a live or automated process for  cancelling
    40  the service through the toll-free number provided to the consumer;
    41    (ii)  an option to cancel through a business email address provided to
    42  the consumer; and
    43    (iii) a "cancel" button or link clearly and conspicuously displayed on
    44  the header of the business website;
    45    e. impose unreasonable or unlawful conditions upon, refuse to acknowl-
    46  edge, or delay cancellation requested by a consumer;
    47    [2. A business that makes an automatic  renewal  offer  or  continuous
    48  service  offer  shall  provide  a toll-free telephone number, electronic
    49  mail address, a postal address only when the seller directly  bills  the
    50  consumer,  or  another cost-effective, timely, and easy-to-use mechanism
    51  for cancellation that shall be described in the acknowledgment specified
    52  in paragraph c of subdivision one of this section.
    53    3. a. In addition to the  requirements  of  subdivision  two  of  this
    54  section,  a  consumer  who  accepts  an  automatic renewal or continuous
    55  service offer online shall be allowed to terminate the automatic renewal
    56  or continuous service exclusively online, which  may  include  a  termi-

        S. 3008                            69                            A. 3008

     1  nation  email formatted and provided by the business that a consumer can
     2  send to the business without additional information.
     3    b. A business that allows a consumer to accept an automatic renewal or
     4  continuous service offer for an initial paid term of one year or longer,
     5  provided  that such automatic renewal or continuous service renews for a
     6  paid term of six months or longer, shall] f. fail  to  notify  [such]  a
     7  consumer  of  [such upcoming] an automatic renewal or continuous service
     8  charge [to such consumer's account] for an automatic renewal or  contin-
     9  uous  service  offer  with an initial paid term of one year or longer at
    10  least fifteen days before, but not more than forty-five days before, the
    11  [cancellation deadline for such] date of the  automatic  renewal[.  Such
    12  notice shall include instructions on how to cancel such renewal charge.
    13    c.  The  provisions of paragraph b of this subdivision shall not apply
    14  to any business, or subsidiary or affiliate thereof,  regulated  by  the
    15  public service commission or the federal communications commission.
    16    4.  In  the  case  of  a material change in the terms of the automatic
    17  renewal or continuous service offer that has been accepted by a consumer
    18  in this state, the business shall] in the manner selected by the consum-
    19  er, including text, email, app notification or  any  other  notification
    20  channel offered by the business; or
    21    g.  fail  to  provide  [the]  a consumer who has accepted an automatic
    22  renewal or continuous service offer with a clear and conspicuous  notice
    23  of  [the]  any material change [and provide information regarding how to
    24  cancel in a manner that is capable of being retained by the consumer.
    25    5. The requirements of this article shall  apply  only  prior  to  the
    26  completion  of the initial order for the automatic renewal or continuous
    27  service, except as follows:
    28    a. The requirement in paragraph c of subdivision one of  this  section
    29  may be fulfilled after completion of the initial order.
    30    b.  The  requirement  in  subdivision  four  of  this section shall be
    31  fulfilled prior to implementation of the material change.
    32    6.] to the terms of the automatic renewal or continuous service offer,
    33  including any previously undisclosed  price  increases,  at  least  five
    34  business  days  prior  to  the date of the change, in the same manner as
    35  required by paragraph f of this subdivision.
    36    2. In any case in which a business sends any  goods,  wares,  merchan-
    37  dise, or products to a consumer, under a continuous service agreement or
    38  automatic  renewal of a purchase, without first obtaining the consumer's
    39  affirmative consent, the goods, wares, merchandise,  or  products  shall
    40  for  all  purposes  be deemed an unconditional gift to the consumer, who
    41  may use or dispose of the same in any manner [he or she]  such  consumer
    42  sees fit without any obligation whatsoever on the consumer's part to the
    43  business, including, but not limited to, bearing the cost of, or respon-
    44  sibility for, shipping any goods, wares, merchandise, or products to the
    45  business.
    46    [7.] 3. Whenever there shall be a violation of this section, an appli-
    47  cation  may be made by the attorney general in the name of the people of
    48  the state of New York to a court or justice having jurisdiction to issue
    49  an injunction, and upon notice to the defendant of not  less  than  five
    50  days,  to enjoin and restrain the continuance of such violations; and if
    51  it shall appear to the satisfaction of the court  or  justice  that  the
    52  defendant  has  in  fact,  violated  this  section, an injunction may be
    53  issued by such court or justice, enjoining and restraining  any  further
    54  violation,  without  requiring  proof that any person has, in fact, been
    55  injured or damaged thereby. In any such proceeding the  court  may  make
    56  allowances  to  the attorney general as provided in section eighty-three

        S. 3008                            70                            A. 3008
 
     1  hundred three of the civil practice law and rules, and  direct  restitu-
     2  tion.  In  connection  with  any such proposed application, the attorney
     3  general is authorized to take proof and  make  a  determination  of  the
     4  relevant facts and to issue subpoenas in accordance with the civil prac-
     5  tice  law and rules. Whenever the court shall determine that a violation
     6  of this section has occurred, the court may impose a  civil  penalty  of
     7  not  more  than  one hundred dollars for a single violation and not more
     8  than five hundred dollars  for  multiple  violations  resulting  from  a
     9  single  act  or  incident.  A knowing violation of this section shall be
    10  punishable by a civil penalty of not more than five hundred dollars  for
    11  a  single  violation and not more than one thousand dollars for multiple
    12  violations resulting from a single act or incident. No business shall be
    13  deemed to have violated the provisions of this section if such  business
    14  shows,  by  a  preponderance of the evidence, that the violation was not
    15  intentional and resulted from a bona fide error made notwithstanding the
    16  maintenance of procedures reasonably adopted to avoid such error.
    17    [8.] 4. The following are exempt from the requirements of  this  arti-
    18  cle:
    19    a.  any  service  provided by a business or its affiliate where either
    20  the business or its affiliate is doing business pursuant to a  franchise
    21  issued by a political subdivision of the state;
    22    b.  any  entity,  or subsidiary or affiliate thereof, regulated by the
    23  department of financial services;
    24    c. security system alarm operators;
    25    d. banks, bank holding companies, or the subsidiary  or  affiliate  of
    26  either, or credit unions or other financial institutions, licensed under
    27  state or federal law; [and]
    28    e. sellers and administrators of a service contract, as defined pursu-
    29  ant  to section seven thousand nine hundred two of the insurance law[.];
    30  and
    31    f. any business, or subsidiary or affiliate thereof, regulated by  the
    32  public service commission, the federal communications commission, or any
    33  other preemptive federal law or regulation.
    34    §  3.  This  act  shall take effect on the sixtieth day after it shall
    35  have become a law.
 
    36                                   PART X
 
    37    Section 1. Section 349-a of the general  business  law  is  renumbered
    38  349-h and a new section 349-a is added to read as follows:
    39    §  349-a.  Pricing.  1.  As  used in this section, the following terms
    40  shall have the following meanings:
    41    (a) "Algorithm" means a computational process that uses a set of rules
    42  to define a sequence of operations.
    43    (b) "Clear and conspicuous disclosure" means disclosure  in  the  same
    44  medium  as,  and provided on, at, or near and contemporaneous with every
    45  advertisement, display, image, offer or  announcement  of  a  price  for
    46  which  notice  is  required,  using lettering and wording that is easily
    47  visible and understandable to the average consumer.
    48    (c) "Consumer" means a natural person who is seeking or  solicited  to
    49  purchase,  lease  or  receive  a good or service for personal, family or
    50  household use.
    51    (d) "Consumer data" means any data that identifies or could reasonably
    52  be linked, directly or indirectly, with a  specific  natural  person  or
    53  device, excluding location data.

        S. 3008                            71                            A. 3008
 
     1    (e)  "Dynamic  pricing"  means  pricing  that  fluctuates dependent on
     2  conditions.
     3    (f)  "Personalized  algorithmic pricing" means dynamic pricing derived
     4  from or set by an algorithm that uses consumer data as defined  in  this
     5  section,  which  may  vary  among individual consumers or consumer popu-
     6  lations.
     7    (g) "Person" means any natural person,  firm,  organization,  partner-
     8  ship,  association,  corporation, or any other entity domiciled or doing
     9  business in New York state.
    10    2. It shall constitute a deceptive act or  practice  in  violation  of
    11  section three hundred forty-nine of this article for any person to know-
    12  ingly  advertise, promote, label or publish a statement, display, image,
    13  offer or announcement of personalized algorithmic pricing using consumer
    14  data specific to a particular individual without a clear and conspicuous
    15  disclosure that states:
    16    "THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA".
    17    § 2. Subdivision 3 of section 396  of  the  general  business  law  is
    18  renumbered  subdivision  4  and  a new subdivision 3 is added to read as
    19  follows:
    20    3. a. For purposes of this subdivision, "protected class  data"  means
    21  information  about an individual person or groups of people that direct-
    22  ly, in combination, or by implication identifies a  characteristic  that
    23  is legally protected from discrimination under the laws of this state or
    24  under  federal  law,  including  but  not limited to ethnicity, national
    25  origin, age, disability, sex, sexual orientation,  gender  identity  and
    26  expression, pregnancy outcomes and reproductive health care.
    27    b.  No person, firm, partnership, association or corporation, or agent
    28  or  employee  thereof, shall use protected class data in setting a price
    29  for, offering, marketing, or selling any good or service if (1) the  use
    30  of  that data has the effect of withholding or denying any of the accom-
    31  modations, advantages, and privileges accorded to  others,  or  (2)  the
    32  price  for  such  good or service is different from the price offered to
    33  other individuals or groups based in whole or in  part  on  the  use  of
    34  protected class data.
    35    §  3. Paragraph d of subdivision 4 of section 396 of the general busi-
    36  ness law, as added by chapter 689 of the laws of 2022 and as  renumbered
    37  by section two of this act, is amended to read as follows:
    38    d.  In  addition  to  any other remedies provided in this section, any
    39  person aggrieved by a violation of subdivision three of this section may
    40  file an action in accordance with section two  hundred  ninety-seven  of
    41  the executive law. Nothing in this section shall in any way limit rights
    42  or  remedies  which  are  otherwise  available under law to the attorney
    43  general or any other person authorized to bring  an  action  under  this
    44  section.
    45    §  4.  This  act  shall take effect on the sixtieth day after it shall
    46  have become a law.
 
    47                                   PART Y
 
    48    Section 1. The banking law is amended by adding a new article 14-B  to
    49  read as follows:
    50                                 ARTICLE 14-B
    51                          BUY-NOW-PAY-LATER LENDERS
    52  Section 735. Short title.
    53          736. Definitions.
    54          737. License.

        S. 3008                            72                            A. 3008
 
     1          738.  Conditions precedent to issuing a license; procedure where
     2                 application is denied.
     3          739. License provisions and posting.
     4          740. Application for acquisition of control of buy-now-pay-later
     5                 lender by purchase of stock.
     6          741. Grounds for revocation or suspension of license; procedure.
     7          742. Superintendent authorized to examine.
     8          743. Licensee's books and records; reports.
     9          744. Acts prohibited.
    10          745. Interest and other charges.
    11          746. Consumer protections.
    12          747. Authority of superintendent.
    13          748. Penalties.
    14          749. Severability.
    15    §  735.  Short  title. This article shall be known and may be cited as
    16  the "buy-now-pay-later act".
    17    § 736. Definitions. As used in this article, the following terms shall
    18  have the following meanings:
    19    1. "Consumer" means an individual who is a resident of  the  state  of
    20  New York.
    21    2.  "Buy-now-pay-later  loan"  means  closed-end  credit provided to a
    22  consumer in connection with such consumer's particular purchase of goods
    23  and/or services, other than a motor vehicle as defined under section one
    24  hundred twenty-five of the vehicle and traffic law. A "buy-now-pay-later
    25  loan" does not include credit where the creditor is the seller  of  such
    26  goods  and/or  services,  unless  it  is credit pursuant to an agreement
    27  whereby, at a consumer's request, the creditor purchases a specific good
    28  and/or service from a seller  and  resells  such  specific  good  and/or
    29  service to such consumer on closed-end credit.
    30    3.  "Buy-now-pay-later  lender" means a person who offers buy-now-pay-
    31  later loans in this state.  For  purposes  of  the  preceding  sentence,
    32  "offer"  means  offering  to  make a buy-now-pay-later loan by extending
    33  credit directly to a consumer  or  operating  a  platform,  software  or
    34  system  with which a consumer interacts and the primary purpose of which
    35  is to allow third parties to offer buy-now-pay-later loans, or  both.  A
    36  person  shall  not be considered a buy-now-pay-later lender on the basis
    37  of isolated, incidental or occasional transactions which otherwise  meet
    38  the definitions of this section.
    39    4.  "Exempt  organization"  means  any banking organization or foreign
    40  banking corporation licensed by the superintendent or the comptroller of
    41  the currency to transact business in this state or originating  buy-now-
    42  pay-later loans from a branch in this state subject to article five-C of
    43  this chapter, licensed lender licensed by the superintendent under arti-
    44  cle  nine  of this chapter, national bank, federal savings bank, federal
    45  savings and loan association, federal credit union, or state  depository
    46  institution  or state credit union as defined in 12 U.S.C. §§ 1813(c)(5)
    47  and 1752(6) respectively.
    48    5. "Licensee" means a person who has been issued a license under  this
    49  article.
    50    6. "Person" means an individual, partnership, corporation, association
    51  or any other business organization.
    52    §  737. License. 1. No person or other entity, except an exempt organ-
    53  ization as defined in this article, shall  act  as  a  buy-now-pay-later
    54  lender  without  first obtaining a license from the superintendent under
    55  this article.

        S. 3008                            73                            A. 3008
 
     1    2. An application for a license shall be in writing, under  oath,  and
     2  in  the  form  and containing such information as the superintendent may
     3  require.
     4    3.  At  the time of filing an application for a license, the applicant
     5  shall pay to the superintendent a fee as prescribed pursuant to  section
     6  eighteen-a of this chapter.
     7    4.  A license granted under this article shall be valid unless revoked
     8  or suspended by the superintendent or unless surrendered by the licensee
     9  and accepted by the superintendent.
    10    5. In connection with an application  for  a  license,  the  applicant
    11  shall  submit  an  affidavit  of financial solvency, including financial
    12  statements, noting such capitalization requirements and access  to  such
    13  credit  or such other affirmation or information as may be prescribed by
    14  the regulations of the superintendent.
    15    § 738. Conditions precedent to  issuing  a  license;  procedure  where
    16  application  is  denied.  1.  After  the  filing of an application for a
    17  license accompanied by payment of the fee pursuant to subdivision  three
    18  of  section  seven  hundred  thirty-seven  of  this article, it shall be
    19  substantively reviewed. After the application is deemed  sufficient  and
    20  complete, if the superintendent finds that the financial responsibility,
    21  including  meeting  any  capital requirements as established pursuant to
    22  subdivision three of this section,  experience,  character  and  general
    23  fitness of the applicant or any person associated with the applicant are
    24  such  as  to  command the confidence of the community and to warrant the
    25  belief that the business will be conducted honestly,  fairly  and  effi-
    26  ciently  within the purposes and intent of this article, the superinten-
    27  dent shall issue the license. For the purpose of this  subdivision,  the
    28  applicant shall be deemed to include all the members of the applicant if
    29  it  is  a partnership or unincorporated association or organization, and
    30  all the stockholders, officers and directors of the applicant if it is a
    31  corporation.
    32    2. If the superintendent refuses to issue a license,  the  superinten-
    33  dent  shall  notify  the applicant of the denial and retain the fee paid
    34  pursuant to subdivision three of section seven hundred  thirty-seven  of
    35  this article.
    36    3.  The  superintendent  may  promulgate rules and regulations setting
    37  capital requirements to ensure the solvency and financial  integrity  of
    38  licensees  and  their ongoing operations, taking into account the risks,
    39  volume of business, complexity, and  other  relevant  factors  regarding
    40  such  licensees.  Further,  the  superintendent may promulgate rules and
    41  regulations prescribing a methodology to calculate capital  requirements
    42  with respect to licensees or categories thereof.
    43    §  739. License provisions and posting. 1. A license issued under this
    44  article shall state the name and address of the  licensee,  and  if  the
    45  licensee  be  a  co-partnership or association, the names of the members
    46  thereof, and if a corporation the date and place of its incorporation.
    47    2. Such license shall be  kept  conspicuously  posted  on  the  mobile
    48  application,  website,  or  other consumer interface of the licensee, as
    49  well as listed in the terms and conditions of any buy-now-pay-later loan
    50  offered or entered into by the licensee. The superintendent may  provide
    51  by regulation an alternative form of notice of licensure.
    52    3.  A  license  issued under this article shall not be transferable or
    53  assignable.
    54    § 740. Application for acquisition  of  control  of  buy-now-pay-later
    55  lender  by  purchase  of  stock. 1. It shall be unlawful except with the
    56  prior approval of the superintendent for any action to  be  taken  which

        S. 3008                            74                            A. 3008
 
     1  results  in  a change of control of the business of a licensee. Prior to
     2  any change of control, the person desirous of acquiring control  of  the
     3  business of a licensee shall make written application to the superinten-
     4  dent  and  pay  an  investigation  fee as prescribed pursuant to section
     5  eighteen-a of this chapter to the superintendent. The application  shall
     6  contain  such  information  as  the  superintendent,  by regulation, may
     7  prescribe as necessary or appropriate for  the  purpose  of  making  the
     8  determination required by subdivision two of this section.
     9    2.  The superintendent shall approve or disapprove the proposed change
    10  of control of a licensee in accordance with the  provisions  of  section
    11  seven hundred thirty-eight of this article.
    12    3.  For  a period of six months from the date of qualification thereof
    13  and for such  additional  period  of  time  as  the  superintendent  may
    14  prescribe,  in  writing,  the  provisions of subdivisions one and two of
    15  this section shall not apply to a transfer of control  by  operation  of
    16  law  to the legal representative, as hereinafter defined, of one who has
    17  control of a  licensee.  Thereafter,  such  legal  representative  shall
    18  comply  with the provisions of subdivisions one and two of this section.
    19  The provisions of subdivisions one and two  of  this  section  shall  be
    20  applicable  to  an application made under such section by a legal repre-
    21  sentative.
    22    4. The term "legal representative," for the purposes of this  section,
    23  shall  mean  one  duly appointed by a court of competent jurisdiction to
    24  act as  executor,  administrator,  trustee,  committee,  conservator  or
    25  receiver,  including  one  who  succeeds  a legal representative and one
    26  acting  in  an  ancillary  capacity  thereto  in  accordance  with   the
    27  provisions of such court appointment.
    28    5.  As  used in this section, the term "control" means the possession,
    29  directly or indirectly, of the power to direct or cause the direction of
    30  the management and policies of a licensee, whether through the ownership
    31  of voting stock of such licensee, the ownership of voting stock  of  any
    32  person  which  possesses  such  power  or  otherwise.  Control  shall be
    33  presumed to exist if any person, directly or indirectly, owns,  controls
    34  or  holds  with power to vote ten per centum or more of the voting stock
    35  of any licensee or of any person which  owns,  controls  or  holds  with
    36  power  to  vote ten per centum or more of the voting stock of any licen-
    37  see, but no person shall be deemed  to  control  a  licensee  solely  by
    38  reason  of  being an officer or director of such licensee or person. The
    39  superintendent may in the superintendent's discretion, upon the applica-
    40  tion of a licensee or any person  who,  directly  or  indirectly,  owns,
    41  controls  or  holds  with power to vote or seeks to own, control or hold
    42  with power to vote any voting stock of such licensee, determine  whether
    43  or  not  the  ownership, control or holding of such voting stock consti-
    44  tutes or would constitute control of such licensee for purposes of  this
    45  section.
    46    §  741. Grounds for revocation or suspension of license; procedure. 1.
    47  A license granted under this article may be revoked or suspended by  the
    48  superintendent upon a finding that:
    49    (a) the licensee has violated any applicable law or regulation;
    50    (b)  any fact or condition exists which, if it had existed at the time
    51  of the  original  application  for  such  license,  clearly  would  have
    52  warranted the superintendent's refusal to issue such license; or
    53    (c)  the licensee has failed to pay any sum of money lawfully demanded
    54  by the superintendent or to comply with any demand, ruling  or  require-
    55  ment of the superintendent.

        S. 3008                            75                            A. 3008
 
     1    2.  Any licensee may surrender any license by delivering to the super-
     2  intendent written notice  that  the  licensee  thereby  surrenders  such
     3  license.  Such  surrender  shall be effective upon its acceptance by the
     4  superintendent, and shall not affect such licensee's civil  or  criminal
     5  liability for acts committed prior to such surrender.
     6    3.  Every  license issued under this article shall remain in force and
     7  effect until the same shall have been surrendered, revoked or suspended,
     8  in accordance with the provisions of this article, but  the  superinten-
     9  dent  shall have authority to reinstate suspended licenses or to issue a
    10  new license to a licensee whose license has been revoked if no  fact  or
    11  condition then exists which clearly would have warranted the superinten-
    12  dent's refusal to issue such license.
    13    4.  Whenever  the  superintendent  shall  revoke  or suspend a license
    14  issued under this article, the superintendent shall forthwith execute  a
    15  written  order to that effect, which order may be reviewed in the manner
    16  provided by article seventy-eight of the civil practice law  and  rules.
    17  Such special proceeding for review as authorized by this section must be
    18  commenced  within  thirty days from the date of such order of suspension
    19  or revocation.
    20    5. The superintendent may, for good cause, without notice and a  hear-
    21  ing,  suspend  any  license  issued  under this article for a period not
    22  exceeding thirty days, pending investigation. "Good cause," as  used  in
    23  this  subdivision,  shall exist only when the licensee has engaged in or
    24  is likely to engage in a practice prohibited  by  this  article  or  the
    25  rules  and regulations promulgated thereunder or engages in dishonest or
    26  inequitable practices which may cause substantial harm to the public.
    27    6. No revocation, suspension or surrender of any license shall  impair
    28  or affect any pre-existing lawful contracts between the licensee and any
    29  borrower.
    30    §  742.  Superintendent  authorized  to examine. 1. The superintendent
    31  shall have the power to make such investigations as  the  superintendent
    32  shall  deem  necessary to determine whether any buy-now-pay-later lender
    33  or any other person has violated any of the provisions of  this  article
    34  or  any  other  applicable  law,  or  whether any licensee has conducted
    35  itself in such manner as would justify the revocation  of  its  license,
    36  and to the extent necessary therefor, the superintendent may require the
    37  attendance  of  and  examine  any  person under oath, and shall have the
    38  power to compel the production of all relevant books, records, accounts,
    39  and documents.
    40    2. The superintendent shall have the power to make  such  examinations
    41  of  the  books,  records, accounts and documents used in the business of
    42  any licensee as the superintendent shall  deem  necessary  to  determine
    43  whether  any  such  licensee  has violated any of the provisions of this
    44  chapter or any other applicable law or to  secure  information  lawfully
    45  required by the superintendent.
    46    §  743.  Licensee's books and records; reports. 1. A buy-now-pay-later
    47  lender shall keep and use in  its  business  such  books,  accounts  and
    48  records  as  will  enable  the  superintendent to determine whether such
    49  buy-now-pay-later lender is complying with the provisions of this  arti-
    50  cle and with the rules and regulations promulgated by the superintendent
    51  thereunder.  Every  buy-now-pay-later  lender shall preserve such books,
    52  accounts and records for at least six years after making the final entry
    53  in respect to any buy-now-pay-later  loan  recorded  therein;  provided,
    54  however, the preservation of photographic or digital reproductions ther-
    55  eof  or records in photographic or digital form shall constitute compli-
    56  ance with this requirement.

        S. 3008                            76                            A. 3008
 
     1    2. By a date to be set by  the  superintendent,  each  licensee  shall
     2  annually  file  a report with the superintendent giving such information
     3  as the superintendent may require concerning the licensee's business and
     4  operations during the preceding calendar year within the state under the
     5  authority  of this article. Such report shall be subscribed and affirmed
     6  as true by the licensee under the penalties of perjury  and  be  in  the
     7  form  prescribed  by  the  superintendent.  In  addition  to such annual
     8  reports, the superintendent may require  of  licensees  such  additional
     9  regular  or  special reports as the superintendent may deem necessary to
    10  the proper supervision of licensees under this article. Such  additional
    11  reports  shall be in the form prescribed by the superintendent and shall
    12  be subscribed and affirmed as true under the penalties of perjury.
    13    § 744. Acts prohibited. 1. No buy-now-pay-later lender shall  take  or
    14  cause to be taken any confession of judgment or any power of attorney to
    15  confess judgment or to appear for the consumer in a judicial proceeding.
    16    2. No buy-now-pay-later lender shall:
    17    (a)  employ  any  scheme,  device, or artifice to defraud or mislead a
    18  borrower;
    19    (b) engage in any unfair, deceptive or abusive act or practice  toward
    20  any   person  or  misrepresent  or  omit  any  material  information  in
    21  connection with the buy-now-pay-later loans, including, but not  limited
    22  to,  misrepresenting  the  amount, nature or terms of any fee or payment
    23  due or claimed to be due on the loan, the terms and  conditions  of  the
    24  loan agreement or the borrower's obligations under the loan;
    25    (c)  misapply  payments to the outstanding balance of any buy-now-pay-
    26  later loan or to any related fees;
    27    (d) provide inaccurate information to a consumer reporting agency; or
    28    (e) make any false statement or make any omission of a  material  fact
    29  in  connection with any information or reports filed with a governmental
    30  agency or in connection with any investigation conducted by  the  super-
    31  intendent or another governmental agency.
    32    §  745.  Interest  and other charges. 1. Subject to applicable federal
    33  law, no buy-now-pay-later lender shall charge, contract for,  or  other-
    34  wise  receive from a consumer any interest, discount, or other consider-
    35  ation in connection with a buy-now-pay-later loan, whether  directly  or
    36  indirectly,  greater  than  the  rate  permitted by section 5-501 of the
    37  general obligations law.
    38    2. The superintendent may establish a standard  amount  or  percentage
    39  for total maximum charge or fee in connection with late payment, default
    40  or  any  other  violation of the buy-now-pay-later loan agreement that a
    41  buy-now-pay-later lender can charge a consumer. Such fee or charge shall
    42  not be collected more than once for a single such late payment, default,
    43  or other violation of the buy-now-pay-later loan agreement.
    44    3. The superintendent may promulgate rules and  regulations  regarding
    45  the manner of charging interest and fees described in this section.
    46    §  746.  Consumer  protections.  1.  A  buy-now-pay-later lender shall
    47  disclose or cause to be disclosed to consumers the terms of buy-now-pay-
    48  later loans, including the cost, such as interest  and  fees,  repayment
    49  schedule,  whether  the  transaction  will  or will not be reported to a
    50  credit reporting agency, and other material conditions, in a  clear  and
    51  conspicuous  manner.  Disclosures  shall  comply with applicable federal
    52  regulations, including but not limited to regulation Z of title I of the
    53  Consumer Credit Protection Act.
    54    2. Subject to regulations to be promulgated by the  superintendent,  a
    55  buy-now-pay-later  lender  shall,  before  providing  or  causing  to be
    56  provided a buy-now-pay-later loan to a consumer, make, or  cause  to  be

        S. 3008                            77                            A. 3008
 
     1  made,  a  reasonable determination that such consumer has the ability to
     2  repay the buy-now-pay-later loan. No licensee shall  collect,  evaluate,
     3  report,  or  maintain  in  the file on a borrower the credit worthiness,
     4  credit  standing, or credit capacity of members of the borrower's social
     5  network for purposes of determining the credit worthiness of the borrow-
     6  er; the average credit worthiness, credit standing, or  credit  capacity
     7  of  members of the borrower's social network; or any group score that is
     8  not the borrower's own credit worthiness,  credit  standing,  or  credit
     9  capacity.
    10    3. A buy-now-pay-later lender shall maintain or cause to be maintained
    11  policies  and  procedures  for  maintaining  accurate  data  that may be
    12  reported to credit reporting agencies. The superintendent may promulgate
    13  rules and regulations requiring that buy-now-pay-later lenders report or
    14  cause to be reported data on buy-now-pay-later loans to credit reporting
    15  agencies, requiring that such reporting occur in a particular manner, or
    16  prohibiting such reporting.
    17    4. A buy-now-pay-later lender shall provide or cause  to  be  provided
    18  refunds  or credits for goods or services purchased in connection with a
    19  buy-now-pay-later loan, upon consumer request, in a manner that is fair,
    20  transparent, and not unduly burdensome to consumers. A buy-now-pay-later
    21  lender shall maintain or cause to be maintained policies and  procedures
    22  to  provide  such refunds or credits. Such policies and procedures shall
    23  be fair, transparent, and not unduly burdensome to the consumer. A  buy-
    24  now-pay-later  lender shall disclose or cause to be disclosed to consum-
    25  ers, in a clear and conspicuous manner, the process by  which  they  can
    26  obtain  refunds  or credits for goods or services they have purchased in
    27  connection with a buy-now-pay-later loan.
    28    5. A buy-now-pay-later lender shall resolve or cause  to  be  resolved
    29  disputes  in  a manner that is fair and transparent to consumers. A buy-
    30  now-pay-later lender shall create or  cause  to  be  created  a  readily
    31  available  and  prominently  disclosed  method  for consumers to bring a
    32  dispute to the  buy-now-pay-later  lender.  A  buy-now-pay-later  lender
    33  shall  maintain  policies and procedures for handling consumer disputes.
    34  The superintendent may promulgate rules and regulations regarding treat-
    35  ment of unauthorized use, so that consumers are liable for use  of  buy-
    36  now-pay-later  loans  in  their name only under circumstances where such
    37  liability would be fair and reasonable. A buy-now-pay-later lender shall
    38  apply to buy-now-pay-later loans the  dispute  rights  and  unauthorized
    39  charges requirements that apply to credit cards under the Truth in Lend-
    40  ing  Act,  15  U.S.C.  § 1643, 1666, 1666a, 1666i, regardless of whether
    41  such law applies to buy-now-pay-later loans or whether the  buy-now-pay-
    42  later lender offers a credit card within the scope of such law.
    43    6.  A  buy-now-pay-later  lender may use, sell, or share the data of a
    44  consumer, other than in connection with the making of a particular  buy-
    45  now-pay-later loan to the consumer, only with the consumer's consent.  A
    46  buy-now-pay-later  lender  shall  disclose or cause to be disclosed to a
    47  consumer in a clear and conspicuous manner how such consumer's data  may
    48  be  used, shared, or sold by the buy-now-pay-later lender before obtain-
    49  ing such consumer's consent and also  shall  disclose  or  cause  to  be
    50  disclosed  to  such  consumer in a clear and conspicuous manner how such
    51  consumer may subsequently withdraw consent  to  such  use,  sharing,  or
    52  sale. The superintendent, in their discretion, may by regulation prohib-
    53  it certain uses of consumer data. A buy-now-pay-later lender shall main-
    54  tain  policies  and  procedures  regarding its use, sale, and sharing of
    55  consumers' data.

        S. 3008                            78                            A. 3008

     1    7. Any buy-now-pay-later loan made by a person not licensed under this
     2  article, other than an exempt organization,  shall  be  void,  and  such
     3  person shall have no right to collect or receive any principal, interest
     4  or charge whatsoever.
     5    §  747.  Authority of superintendent. 1. The superintendent is author-
     6  ized to promulgate such general rules and regulations as may  be  appro-
     7  priate  to  implement the provisions of this article, protect consumers,
     8  and ensure the solvency and  financial  integrity  of  buy-now-pay-later
     9  lenders.  The superintendent is further authorized to make such specific
    10  rulings, demands, and findings  as  may  be  necessary  for  the  proper
    11  conduct  of  the  business  authorized  and  licensed  under and for the
    12  enforcement of this article, in addition  hereto  and  not  inconsistent
    13  herewith.
    14    2.  In  addition to such powers as may otherwise be prescribed by law,
    15  the superintendent is hereby authorized and empowered to promulgate such
    16  rules and regulations as may in the judgment of  the  superintendent  be
    17  consistent  with  the  purposes  of this article, or appropriate for the
    18  effective administration of this article, including, but not limited to:
    19    (a) such rules and regulations in connection with  the  activities  of
    20  buy-now-pay-later  lenders  as  may be necessary and appropriate for the
    21  protection of borrowers in this state;
    22    (b) such rules and regulations as may be necessary and appropriate  to
    23  define  unfair,  deceptive,  or  abusive acts or practices in connection
    24  with the activities of buy-now-pay-later lenders;
    25    (c) such rules and regulations as may define the terms  used  in  this
    26  article  and as may be necessary and appropriate to interpret and imple-
    27  ment the provisions of this article; and
    28    (d) such rules and regulations as may be necessary for the enforcement
    29  of this article.
    30    § 748. Penalties. 1. Any person, including any member, officer, direc-
    31  tor or employee of a buy-now-pay-later lender, who violates  or  partic-
    32  ipates  in  the  violation of section seven hundred thirty-seven of this
    33  article, or who knowingly makes any incorrect statement  of  a  material
    34  fact  in  any  application,  report  or statement filed pursuant to this
    35  article, or who knowingly omits to state any material fact necessary  to
    36  give  the superintendent any information lawfully required by the super-
    37  intendent or refuses to permit any lawful investigation or  examination,
    38  shall  be  guilty  of a misdemeanor and, upon conviction, shall be fined
    39  not more than five hundred dollars or imprisoned for not more  than  six
    40  months or both, in the discretion of the court.
    41    2.  Without limiting any power granted to the superintendent under any
    42  other provision of this chapter, the superintendent may, in a proceeding
    43  after notice and a hearing require a buy-now-pay-later  lender,  whether
    44  or  not a licensee, to pay to the people of this state a penalty for any
    45  violation of this chapter, any rule  or  regulation  promulgated  there-
    46  under,  any  final or temporary order issued pursuant to section thirty-
    47  nine of this chapter, any condition imposed in  writing  by  the  super-
    48  intendent in connection with the grant of any application or request, or
    49  any  written  agreement  entered  into  with the superintendent, and for
    50  knowingly making any incorrect statement  of  a  material  fact  in  any
    51  application,  report  or  statement  filed  pursuant to this article, or
    52  knowingly omitting to state any material  fact  necessary  to  give  the
    53  superintendent  any  information lawfully required by the superintendent
    54  or refusing to permit any lawful investigation or examination. As to any
    55  buy-now-pay-later lender that is not a licensee or an  exempt  organiza-
    56  tion,  the  superintendent is authorized to impose a penalty in the same

        S. 3008                            79                            A. 3008
 
     1  amount authorized in section forty-four of this chapter for a  violation
     2  of  this  chapter by any person licensed, certified, registered, author-
     3  ized, chartered, accredited, incorporated or otherwise approved  by  the
     4  superintendent under this chapter.
     5    3.  No  person  except  a buy-now-pay-later lender licensed under this
     6  article shall make, directly or indirectly, orally or in writing, or  by
     7  any  method,  practice  or  device, a representation that such person is
     8  licensed under this article.
     9    § 749. Severability. If any provision of this article or the  applica-
    10  tion  thereof to any person or circumstances is held to be invalid, such
    11  invalidity shall not affect other provisions  or  applications  of  this
    12  article  which  can  be  given  effect  without the invalid provision or
    13  application, and to this end the provisions of this article are  severa-
    14  ble.
    15    §  2.  Subdivision  1  of section 36 of the banking law, as amended by
    16  chapter 146 of the laws of 1961, is amended to read as follows:
    17    1. The superintendent shall have the power to  examine  every  banking
    18  organization,  every bank holding company and any non-banking subsidiary
    19  thereof (as such terms "bank holding company" and  "non-banking  subsid-
    20  iary" are defined in article three-A of this chapter) and every licensed
    21  lender  and  licensed  buy-now-pay-later lender at any time prior to its
    22  dissolution whenever in [his] the superintendent's judgment  such  exam-
    23  ination is necessary or advisable.
    24    §  3.  Subdivision  10 of section 36 of the banking law, as amended by
    25  section 2 of part L of chapter 58 of the laws of  2019,  is  amended  to
    26  read as follows:
    27    10. All reports of examinations and investigations, correspondence and
    28  memoranda  concerning  or  arising  out of such examination and investi-
    29  gations, including any duly authenticated copy or copies thereof in  the
    30  possession  of  any  banking  organization,  bank holding company or any
    31  subsidiary thereof (as such terms "bank holding  company"  and  "subsid-
    32  iary"  are  defined in article three-A of this chapter), any corporation
    33  or any other entity affiliated with a banking  organization  within  the
    34  meaning  of  subdivision six of this section and any non-banking subsid-
    35  iary of a corporation or any other entity which is  an  affiliate  of  a
    36  banking  organization  within  the  meaning of subdivision six-a of this
    37  section, foreign banking corporation, licensed lender, licensed buy-now-
    38  pay-later lender, licensed casher of checks, licensed  mortgage  banker,
    39  registered  mortgage broker, licensed mortgage loan originator, licensed
    40  sales finance  company,  registered  mortgage  loan  servicer,  licensed
    41  student  loan  servicer,  licensed  insurance  premium  finance  agency,
    42  licensed transmitter of money, licensed budget planner, any other person
    43  or entity subject to supervision under this chapter, or the  department,
    44  shall  be  confidential communications, shall not be subject to subpoena
    45  and shall not be made public unless, in the judgment of the  superinten-
    46  dent,  the ends of justice and the public advantage will be subserved by
    47  the publication thereof, in which event the superintendent  may  publish
    48  or  authorize  the  publication of a copy of any such report or any part
    49  thereof in such manner as may be  deemed  proper  or  unless  such  laws
    50  specifically  authorize such disclosure. For the purposes of this subdi-
    51  vision, "reports of examinations and investigations, and any correspond-
    52  ence and memoranda concerning or arising out of  such  examinations  and
    53  investigations",  includes  any  such  materials of a bank, insurance or
    54  securities regulatory agency or any unit of the  federal  government  or
    55  that  of  this  state  any other state or that of any foreign government
    56  which are considered confidential by such agency or unit and  which  are

        S. 3008                            80                            A. 3008
 
     1  in  the possession of the department or which are otherwise confidential
     2  materials that have been shared by the department with any  such  agency
     3  or unit and are in the possession of such agency or unit.
     4    § 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended
     5  by chapter 360 of the laws of 1984, are amended to read as follows:
     6    3. In addition to any reports expressly required by this chapter to be
     7  made,  the superintendent may require any banking organization, licensed
     8  lender, licensed buy-now-pay-later lender, licensed  casher  of  checks,
     9  licensed  mortgage  banker,  foreign banking corporation licensed by the
    10  superintendent to do business in this state, bank  holding  company  and
    11  any  non-banking  subsidiary thereof, corporate affiliate of a corporate
    12  banking organization within the meaning of subdivision  six  of  section
    13  thirty-six  of  this  article and any non-banking subsidiary of a corpo-
    14  ration which is an affiliate of a corporate banking organization  within
    15  the  meaning  of subdivision six-a of section thirty-six of this article
    16  to make special reports to [him] the superintendent  at  such  times  as
    17  [he] the superintendent may prescribe.
    18    5.  The  superintendent  may  extend  at  [his]  the  superintendent's
    19  discretion the time within which a banking organization, foreign banking
    20  corporation licensed by the superintendent to do business in this state,
    21  bank holding company or any  non-banking  subsidiary  thereof,  licensed
    22  casher  of  checks,  licensed  mortgage banker, private banker, licensed
    23  buy-now-pay-later lender or licensed lender is required to make and file
    24  any report to the superintendent.
    25    § 5. Section 39 of the banking law, as amended by section 3 of part  L
    26  of chapter 58 of the laws of 2019, is amended to read as follows:
    27    § 39.  Orders  of superintendent. 1. To appear and explain an apparent
    28  violation. Whenever it shall appear to the superintendent that any bank-
    29  ing organization, bank  holding  company,  registered  mortgage  broker,
    30  licensed  mortgage  banker,  licensed  student loan servicer, registered
    31  mortgage loan servicer,  licensed  mortgage  loan  originator,  licensed
    32  lender,  licensed  buy-now-pay-later  lender, licensed casher of checks,
    33  licensed sales finance company, licensed insurance premium finance agen-
    34  cy, licensed transmitter of money, licensed budget planner, out-of-state
    35  state bank that maintains a branch  or  branches  or  representative  or
    36  other  offices in this state, or foreign banking corporation licensed by
    37  the superintendent to do business or maintain a representative office in
    38  this state has violated any law or regulation, [he or  she]  the  super-
    39  intendent may, in [his or her] the superintendent's discretion, issue an
    40  order  describing  such  apparent  violation  and requiring such banking
    41  organization, bank holding company, registered mortgage broker, licensed
    42  mortgage banker, licensed student loan servicer, licensed mortgage  loan
    43  originator, licensed lender, licensed buy-now-pay-later lender, licensed
    44  casher  of  checks,  licensed  sales finance company, licensed insurance
    45  premium finance agency, licensed transmitter of money,  licensed  budget
    46  planner,  out-of-state state bank that maintains a branch or branches or
    47  representative or other offices in this state, or foreign banking corpo-
    48  ration to appear before [him or her] the superintendent, at a  time  and
    49  place  fixed  in  said order, to present an explanation of such apparent
    50  violation.
    51    2. To discontinue unauthorized or unsafe and unsound practices.  When-
    52  ever  it  shall  appear to the superintendent that any banking organiza-
    53  tion, bank holding company, registered mortgage broker,  licensed  mort-
    54  gage  banker,  licensed  student loan servicer, registered mortgage loan
    55  servicer, licensed mortgage loan originator, licensed  lender,  licensed
    56  buy-now-pay-later  lender,  licensed  casher  of  checks, licensed sales

        S. 3008                            81                            A. 3008
 
     1  finance company, licensed insurance  premium  finance  agency,  licensed
     2  transmitter  of  money, licensed budget planner, out-of-state state bank
     3  that maintains a branch or branches or representative or  other  offices
     4  in  this  state,  or  foreign banking corporation licensed by the super-
     5  intendent to do business in this state  is  conducting  business  in  an
     6  unauthorized  or  unsafe and unsound manner, [he or she] the superinten-
     7  dent may, in [his or her]  the  superintendent's  discretion,  issue  an
     8  order  directing  the  discontinuance of such unauthorized or unsafe and
     9  unsound practices, and fixing a time and place  at  which  such  banking
    10  organization, bank holding company, registered mortgage broker, licensed
    11  mortgage  banker,  licensed  student  loan servicer, registered mortgage
    12  loan servicer,  licensed  mortgage  loan  originator,  licensed  lender,
    13  licensed  buy-now-pay-later  lender, licensed casher of checks, licensed
    14  sales  finance  company,  licensed  insurance  premium  finance  agency,
    15  licensed  transmitter  of  money,  licensed budget planner, out-of-state
    16  state bank that maintains a branch  or  branches  or  representative  or
    17  other  offices  in this state, or foreign banking corporation may volun-
    18  tarily appear before [him or her]  the  superintendent  to  present  any
    19  explanation  in  defense  of  the practices directed in said order to be
    20  discontinued.
    21    3. To make good impairment of capital or  to  ensure  compliance  with
    22  financial  requirements.  Whenever it shall appear to the superintendent
    23  that the capital or capital stock  of  any  banking  organization,  bank
    24  holding  company  or any subsidiary thereof which is organized, licensed
    25  or registered pursuant to this chapter, is impaired,  or  the  financial
    26  requirements  imposed by subdivision one of section two hundred two-b of
    27  this chapter or any regulation of the superintendent on  any  branch  or
    28  agency  of  a  foreign banking corporation or the financial requirements
    29  imposed by this chapter or any regulation of the superintendent  on  any
    30  licensed  lender, licensed buy-now-pay-later lender, registered mortgage
    31  broker,  licensed  mortgage  banker,  licensed  student  loan  servicer,
    32  licensed  casher  of  checks,  licensed  sales finance company, licensed
    33  insurance  premium  finance  agency,  licensed  transmitter  of   money,
    34  licensed  budget planner or private banker are not satisfied, the super-
    35  intendent may,  in  the  superintendent's  discretion,  issue  an  order
    36  directing  that  such banking organization, bank holding company, branch
    37  or agency of a foreign banking corporation, registered mortgage  broker,
    38  licensed mortgage banker, licensed student loan servicer, licensed lend-
    39  er,  licensed  buy-now-pay-later  lender,  licensed  casher  of  checks,
    40  licensed sales finance company, licensed insurance premium finance agen-
    41  cy, licensed transmitter of money, licensed budget planner,  or  private
    42  banker make good such deficiency forthwith or within a time specified in
    43  such order.
    44    4. To make good encroachments on reserves. Whenever it shall appear to
    45  the superintendent that either the total reserves or reserves on hand of
    46  any  banking  organization, branch or agency of a foreign banking corpo-
    47  ration are below the amount required by or pursuant to this  chapter  or
    48  any other applicable provision of law or regulation to be maintained, or
    49  that  such  banking  organization, branch or agency of a foreign banking
    50  corporation is not keeping its reserves on  hand  as  required  by  this
    51  chapter  or  any other applicable provision of law or regulation, [he or
    52  she] the superintendent  may,  in  [his  or  her]  the  superintendent's
    53  discretion,  issue  an  order  directing that such banking organization,
    54  branch or agency  of  a  foreign  banking  corporation  make  good  such
    55  reserves  forthwith or within a time specified in such order, or that it
    56  keep its reserves on hand as required by this chapter.

        S. 3008                            82                            A. 3008
 
     1    5. To keep books and accounts as prescribed. Whenever it shall  appear
     2  to the superintendent that any banking organization, bank holding compa-
     3  ny,  registered  mortgage  broker,  licensed  mortgage  banker, licensed
     4  student loan servicer, registered mortgage loan servicer, licensed mort-
     5  gage  loan originator, licensed lender, licensed buy-now-pay-later lend-
     6  er, licensed casher of checks, licensed sales finance company,  licensed
     7  insurance   premium  finance  agency,  licensed  transmitter  of  money,
     8  licensed budget planner, agency or branch of a  foreign  banking  corpo-
     9  ration licensed by the superintendent to do business in this state, does
    10  not keep its books and accounts in such manner as to enable [him or her]
    11  the  superintendent to readily ascertain its true condition, [he or she]
    12  the superintendent may, in [his or her] the superintendent's discretion,
    13  issue an order requiring such banking organization, bank holding  compa-
    14  ny,  registered  mortgage  broker,  licensed  mortgage  banker, licensed
    15  student loan servicer, registered mortgage loan servicer, licensed mort-
    16  gage loan originator, licensed lender, licensed buy-now-pay-later  lend-
    17  er,  licensed casher of checks, licensed sales finance company, licensed
    18  insurance  premium  finance  agency,  licensed  transmitter  of   money,
    19  licensed budget planner, or foreign banking corporation, or the officers
    20  or  agents  thereof,  or  any  of  them,  to open and keep such books or
    21  accounts as [he or she] the superintendent may,  in  [his  or  her]  the
    22  superintendent's  discretion, determine and prescribe for the purpose of
    23  keeping  accurate  and  convenient  records  of  its  transactions   and
    24  accounts.
    25    6. As used in this section, "bank holding company" shall have the same
    26  meaning as that term is defined in section one hundred forty-one of this
    27  chapter.
    28    §  6.  Subdivision  1  of section 42 of the banking law, as amended by
    29  chapter 65 of the laws of 1948, is amended to read as follows:
    30    1. The name and the location of the principal office of every proposed
    31  corporation, private banker, licensed lender, licensed buy-now-pay-later
    32  lender and licensed casher  of  checks,  the  organization  certificate,
    33  private  banker's  certificate  or  application for license of which has
    34  been filed for examination, and the date of such filing.
    35    § 7. Subdivision 2 of section 42 of the banking  law,  as  amended  by
    36  chapter 553 of the laws of 1960, is amended to read as follows:
    37    2.  The  name and location of every licensed lender, licensed buy-now-
    38  pay-later lender and licensed casher of checks, and the name,  location,
    39  amount  of  capital  stock or permanent capital and amount of surplus of
    40  every corporation and private banker and the minimum assets required  of
    41  every  branch  of  a  foreign banking corporation authorized to commence
    42  business, and the date of authorization or licensing.
    43    § 8. Subdivision 3 of section 42 of the banking  law,  as  amended  by
    44  chapter 553 of the laws of 1960, is amended to read as follows:
    45    3. The name of every proposed corporation, private banker, branch of a
    46  foreign banking corporation, licensed lender, licensed buy-now-pay-later
    47  lender  and licensed casher of checks to which a certificate of authori-
    48  zation or a license has been refused and the date of notice of refusal.
    49    § 9. Subdivision 4 of section 42 of the banking  law,  as  amended  by
    50  chapter 60 of the laws of 1957, is amended to read as follows:
    51    4.  The  name  and  location of every private banker, licensed lender,
    52  licensed casher of checks, sales finance company, licensed  buy-now-pay-
    53  later  lender  and  foreign corporation the authorization certificate or
    54  license of which has been revoked, and the date of such revocation.
    55    § 10. Subdivision 5 of section 42 of the banking law,  as  amended  by
    56  chapter 249 of the laws of 1968, is amended to read as follows:

        S. 3008                            83                            A. 3008
 
     1    5.  The  name of every banking organization, licensed lender, licensed
     2  casher of checks, licensed buy-now-pay-later lender and  foreign  corpo-
     3  ration  which  has  applied  for leave to change its place or one of its
     4  places of business and the places  from  and  to  which  the  change  is
     5  proposed  to  be  made; the name of every banking organization which has
     6  applied to change the designation of its principal office  to  a  branch
     7  office and to change the designation of one of its branch offices to its
     8  principal  office,  and  the  location  of the principal office which is
     9  proposed to be redesignated as a branch office and of the branch  office
    10  which is proposed to be redesignated as the principal office.
    11    §  11.  Subdivision  6 of section 42 of the banking law, as amended by
    12  chapter 249 of the laws of 1968, is amended to read as follows:
    13    6. The name of every banking organization, licensed  lender,  licensed
    14  casher  of  checks, licensed buy-now-pay-later lender and foreign corpo-
    15  ration authorized to change its place or one of its places  of  business
    16  and the date when and the places from and to which the change is author-
    17  ized  to  be  made; the name of every banking organization authorized to
    18  change the designation of its principal office to a branch office and to
    19  change the designation of a branch office to its principal  office,  the
    20  location  of  the  redesignated principal office and of the redesignated
    21  branch office, and the date of such change.
    22    § 12. Paragraph (a) of subdivision 1 of section 44 of the banking law,
    23  as amended by section 4 of part L of chapter 58 of the laws of 2019,  is
    24  amended to read as follows:
    25    (a) Without limiting any power granted to the superintendent under any
    26  other provision of this chapter, the superintendent may, in a proceeding
    27  after  notice  and a hearing, require any safe deposit company, licensed
    28  lender, licensed buy-now-pay-later lender, licensed  casher  of  checks,
    29  licensed sales finance company, licensed insurance premium finance agen-
    30  cy,  licensed  transmitter  of money, licensed mortgage banker, licensed
    31  student loan servicer, registered  mortgage  broker,  licensed  mortgage
    32  loan  originator,  registered  mortgage loan servicer or licensed budget
    33  planner to pay to the people of this state a penalty for  any  violation
    34  of  this  chapter,  any  regulation promulgated thereunder, any final or
    35  temporary order issued pursuant to section thirty-nine of this  article,
    36  any  condition  imposed  in  writing by the superintendent in connection
    37  with the grant of any application or request, or any  written  agreement
    38  entered into with the superintendent.
    39    §  13.  This  act  shall  take effect on the one hundred eightieth day
    40  after the department of financial services shall have promulgated  rules
    41  and/or  regulations  to  effectuate the provisions of this act; provided
    42  that the department of financial services shall notify  the  legislative
    43  bill  drafting commission upon the occurrence of the promulgation of the
    44  rules and regulations necessary to effectuate and enforce the provisions
    45  of section two of this act, in order that the commission may maintain an
    46  accurate and timely effective data base of the official text of the laws
    47  of the state of New York in furtherance of effectuating  the  provisions
    48  of  section  44  of  the  legislative law and section 70-b of the public
    49  officers law. Effective  immediately,  the  addition,  amendment  and/or
    50  repeal  of  any  rule  or regulation authorized to be made by the super-
    51  intendent pursuant to this act is authorized to be made and completed on
    52  or before such effective date.
 
    53                                   PART Z

        S. 3008                            84                            A. 3008
 
     1    Section 1. Section 2911 of the insurance law is amended  by  adding  a
     2  new subsection (d) to read as follows:
     3    (d)  (1)  Not  later  than July first of each year, a pharmacy benefit
     4  manager required to be licensed  under  this  article  shall  publish  a
     5  report  on  its  website  which  contains, for the immediately preceding
     6  calendar year, the following information:
     7    (A) the aggregated dollar amount of rebates,  fees,  price  protection
     8  payments  and  any  other payments the pharmacy benefit manager received
     9  from drug manufacturers through a rebate contract;
    10    (B) the portions of the amount in subparagraph (A) of  this  paragraph
    11  which were:
    12    (i) passed on to health plans; or
    13    (ii) retained by the pharmacy benefit manager; and
    14    (C) for each rebate contract in effect during the reporting period:
    15    (i) the names of the contracting parties;
    16    (ii) the execution date and the term of the contract, including exten-
    17  sions;
    18    (iii)  the  name  of  the drugs and the associated national drug codes
    19  covered by the rebate contract, and for each drug:
    20    (I) a summary of the contract  terms  regarding  formulary  placement,
    21  formulary  exclusion, or prior authorization requirements or step edits,
    22  of any drugs considered to compete with each drug;
    23    (II) a summary of all  terms  requiring  or  incentivizing  volume  or
    24  market  share  for  each  drug,  including  base rebate amounts, bundled
    25  rebates and incremental rebates, stated separately,  and  price  conces-
    26  sion, stated separately for each drug; and
    27    (III) the total number of prescriptions filled and units dispensed for
    28  which  a  rebate,  discount, price concession or other consideration was
    29  received by the pharmacy benefit manager for each drug;
    30    (iv) the rebate percentage and dollar amount retained by the  pharmacy
    31  benefit  manager  for  every rebate, discount, price concession or other
    32  consideration under each rebate contract; and
    33    (v) the dollar amount  of  any  other  compensation  paid  by  a  drug
    34  manufacturer  to  a  pharmacy  benefit  manager  for  services including
    35  distribution management services, data or data  services,  marketing  or
    36  promotional  services,  research  programs, or other ancillary services,
    37  under each rebate contract.
    38    (D) For the purposes of this subsection, the  term  "rebate  contract"
    39  means  any agreement entered into by a pharmacy benefit manager with any
    40  drug manufacturer or agent or affiliate  of  a  drug  manufacturer  that
    41  determines  any  rebate,  discount,  administrative  or other fee, price
    42  concession,  or  other  consideration  related  to  the  dispensing   of
    43  prescription drugs for a health plan.
    44    (E)  A  copy  of the report required by this subsection shall be filed
    45  with the superintendent and with the department of health no later  than
    46  July first each year.
    47    § 2. Severability. If any provision of this act, or any application of
    48  any  provision of this act, is held to be invalid, that shall not affect
    49  the validity or effectiveness of any other provision of this act, or  of
    50  any other application of any provision of this act.
    51    § 3. This act shall take effect on the one hundred eightieth day after
    52  it shall have become a law.
 
    53                                   PART AA

        S. 3008                            85                            A. 3008
 
     1    Section 1. The general business law is amended by adding a new section
     2  352-m to read as follows:
     3    § 352-m. Protecting eligible adults from exploitation. 1. Definitions.
     4  As  used  in  this  section the following terms shall have the following
     5  meanings:
     6    (a) "Adult protective services" means the division  of  the  New  York
     7  city  human  resources administration and each county agency responsible
     8  for providing adult protective services pursuant to section four hundred
     9  seventy-three of the social services law.
    10    (b) "Eligible adult" means an individual who is: sixty years of age or
    11  older; or at least the age of eighteen and who,  because  of  mental  or
    12  physical  impairment, is unable to manage their own resources or protect
    13  themselves from financial exploitation without assistance from others.
    14    (c) "Financial exploitation" means: (i) the improper use of an  eligi-
    15  ble  adult's funds, property, income or assets; or (ii) any act or omis-
    16  sion by a person, including through the use  of  a  power  of  attorney,
    17  guardianship  or any other authority regarding an eligible adult to: (A)
    18  obtain control, through deception, intimidation, threats or undue influ-
    19  ence over the eligible adult's money, assets, income or property; or
    20    (B) convert the eligible adult's money, assets, income or property.
    21    (d) "Law enforcement agency" means any agency, which is  empowered  by
    22  law  to  make an arrest for a felony, and any agency which is authorized
    23  by law to prosecute a felony and including any police officer as defined
    24  by subdivision thirty-four of section 1.20 of the criminal procedure law
    25  and any prosecutor.
    26    (e) "Qualified individual" means any agent, investment adviser  repre-
    27  sentative  or  person who serves in a supervisory, compliance, legal, or
    28  senior or vulnerable adult protection capacity for  a  broker-dealer  or
    29  investment adviser.
    30    2. Notification.  If a broker-dealer, investment adviser, or qualified
    31  individual  reasonably  believes  financial  exploitation of an eligible
    32  adult has occurred, has been attempted,  or  is  being  attempted,  such
    33  broker-dealer,  investment adviser, or qualified individual may promptly
    34  notify the adult protective services and/or law enforcement.
    35    3. Application of transaction hold.  (a) If a  broker-dealer,  invest-
    36  ment adviser, or qualified individual reasonably believes that financial
    37  exploitation  of  an  eligible  adult  may  have occurred, may have been
    38  attempted, or is being attempted, then  such  broker-dealer,  investment
    39  adviser,  or  qualified  individual may place a transaction hold on such
    40  transaction.
    41    (b) A broker-dealer, investment adviser, or qualified individual shall
    42  hold a transaction if adult protective services  or  a  law  enforcement
    43  agency  notifies  such  broker-dealer,  investment adviser, or qualified
    44  individual that it reasonably  believes  that  the  transaction  is  the
    45  subject of or related to financial exploitation of an eligible adult.
    46    (c)  A broker-dealer, investment adviser, or qualified individual that
    47  applies a transaction hold shall: (i) provide notice of  such  hold,  in
    48  writing,  to  all parties authorized to transact business on the account
    49  that is the subject of a transaction hold, as  well  as  any  designated
    50  third party, no later than two business day after the application of the
    51  transaction hold; (ii) if the transaction hold has been applied pursuant
    52  to  paragraph  (a)  of this subdivision, no later than two business days
    53  after application of  the  transaction  hold,  notify  adult  protective
    54  services  and/or  a  law  enforcement  agency of the belief of financial
    55  exploitation and the transaction hold; and (iii) at the request of adult
    56  protective services or a law enforcement agency, provide any information

        S. 3008                            86                            A. 3008
 
     1  and documents relating to the transaction  hold  within  three  business
     2  days after the request for such information or documents.
     3    4.  Duration  of  transaction  hold.  A  transaction hold shall expire
     4  fifteen business days after its application except  that  (i)  a  trans-
     5  action  hold may be extended for up to forty additional business days if
     6  there is a continued reasonable belief of  exploitation,  unless  sooner
     7  terminated  or  further  extended  by  adult  protective  services,  law
     8  enforcement, any agency of competent jurisdiction or a court  of  compe-
     9  tent jurisdiction; (ii) if a broker-dealer, investment adviser, or qual-
    10  ified individual no longer reasonably believes that a transaction is the
    11  subject  of  or related to financial exploitation, it shall release such
    12  transaction, provided that adult protective services or the law enforce-
    13  ment agency that the broker-dealer,  investment  adviser,  or  qualified
    14  individual  has  notified  of  such hold pursuant to subparagraph (i) of
    15  paragraph (c) of subdivision three of this section does not object.
    16    5. Records. A broker-dealer or investment adviser shall provide access
    17  to or copies of records that are relevant to the suspected or  attempted
    18  financial   exploitation  of  an  eligible  adult  to  adult  protective
    19  services, an agency of  competent  jurisdiction,  and  law  enforcement,
    20  either  as  part of a notification or at the request of adult protective
    21  services, a law enforcement agency, or an agency of competent  jurisdic-
    22  tion. All records made available to adult protective services, an agency
    23  of competent jurisdiction, or law enforcement shall be considered confi-
    24  dential  records  and  shall  not  be  available  for examination by the
    25  public.
    26    6. Trainings and written procedures.   Before placing  a  delay  on  a
    27  disbursement  or  transaction pursuant to this section, a broker-dealer,
    28  investment adviser, or qualified individual must do all of  the  follow-
    29  ing:  (a)  develop  training policies or programs reasonably designed to
    30  educate employees who perform  or  approve  transactions  on  behalf  of
    31  customers  on  issues  pertaining to financial exploitation of specified
    32  adults; (b) conduct training for employees described in paragraph (a) of
    33  this subdivision as soon as reasonably practicable and maintain a  writ-
    34  ten  record  of  all trainings conducted.  With respect to an individual
    35  who begins employment with covered broker-dealer, investment adviser, or
    36  qualified individual after July first, two  thousand  twenty-four,  such
    37  training  must  be conducted within one year after the date on which the
    38  individual becomes employed by or  affiliated  or  associated  with  the
    39  covered  broker-dealer, investment adviser, or qualified individual; and
    40  (c) develop, maintain, and  enforce  written  procedures  regarding  the
    41  manner in which suspected financial exploitation is reviewed internally,
    42  including,  if  applicable,  the  manner  in  which  suspected financial
    43  exploitation is required to be reported to supervisory personnel.
    44    7. Immunity. A broker-dealer, investment adviser, or a qualified indi-
    45  vidual shall be immune from civil and administrative liability for  good
    46  faith actions in relation to the application of this section.
    47    8.  Regulations.  The  attorney  general may promulgate regulations to
    48  effectuate the purposes of this section, including setting forth factors
    49  that a broker-dealer, investment adviser, or  qualified  individual  may
    50  consider  in determining whether to apply a transaction hold to a trans-
    51  action pursuant to paragraph (a) of subdivision one of this section, the
    52  form and manner of any notification mandated by subdivision one of  this
    53  section,  and the implementation of training programs for a broker-deal-
    54  er, investment adviser, or qualified individual relating to  recognizing
    55  financial exploitation.

        S. 3008                            87                            A. 3008
 
     1    9.  Communication with reporters. Notwithstanding any other law to the
     2  contrary, adult protective services, law enforcement or  any  agency  of
     3  competent jurisdiction may provide a general case status or final dispo-
     4  sition  to  a broker-dealer, investment adviser, or qualified individual
     5  that reported such a case to an agency.
     6    10.  Alteration  of obligations.  Absent a reasonable belief of finan-
     7  cial exploitation as provided in this section,  this  section  does  not
     8  otherwise  alter a broker-dealer, investment adviser, or qualified indi-
     9  vidual's obligations to all parties authorized to transact  business  on
    10  an account and any trusted contact named on such account.
    11    § 2. The banking law is amended by adding a new section 4-d to read as
    12  follows:
    13    §  4-d.  Protecting  eligible  adults  from financial exploitation. 1.
    14  Definitions. As used in this section the following terms shall have  the
    15  following meanings:
    16    (a)  "Adult  protective  services"  means the division of the New York
    17  city human resources administration and each county  agency  responsible
    18  for providing adult protective services pursuant to section four hundred
    19  seventy-three of the social services law.
    20    (b) "Banking institution" means any bank, trust company, savings bank,
    21  savings  and loan association, credit union or branch of a foreign bank-
    22  ing corporation that is chartered, organized or licensed under the  laws
    23  of this state or any other state or the United States, and, in the ordi-
    24  nary course of business offers deposit accounts in this state.
    25    (c)  "Financial exploitation" means: (i) the improper use of an eligi-
    26  ble adult's funds, property, income or assets; or (ii) any act or  omis-
    27  sion  by  a  person,  including  through the use of a power of attorney,
    28  guardianship or any other authority regarding an eligible adult to:  (A)
    29  obtain control, through deception, intimidation, threats or undue influ-
    30  ence over the eligible adult's money, assets, income or property; or
    31    (B) convert the eligible adult's money, assets, income or property.
    32    (d)  "Law  enforcement agency" means any agency, which is empowered by
    33  law to make an arrest for a felony, and any agency which  is  authorized
    34  by law to prosecute a felony and including any police officer as defined
    35  by subdivision thirty-four of section 1.20 of the criminal procedure law
    36  and any prosecutor.
    37    (e) "Eligible adult" means an individual who is: sixty years of age or
    38  older;  or  at  least  the age of eighteen and who, because of mental or
    39  physical impairment, is unable to manage their own resources or  protect
    40  themselves from financial exploitation without assistance from others.
    41    2.  Application  of transaction hold.  (a) If a banking institution or
    42  an employee of a banking institution reasonably believes that  a  finan-
    43  cial  exploitation of an eligible adult may have occurred, may have been
    44  attempted, or is being attempted, then the banking institution may place
    45  a transaction hold on such transaction.
    46    (b) A banking institution shall apply a transaction hold to  a  trans-
    47  action if adult protective services or a law enforcement agency notifies
    48  the banking institution that it reasonably believes that the transaction
    49  is  the  subject  of or related to financial exploitation of an eligible
    50  adult.
    51    (c) A banking institution that applies a transaction hold  shall:  (i)
    52  provide  notice  of  such hold, in writing, to all parties authorized to
    53  transact business on the account that is the subject  of  a  transaction
    54  hold,  as  well  any  designated third party, no later than two business
    55  days after the application of the transaction hold; (ii) if  the  trans-
    56  action  hold has been applied pursuant to paragraph (a) of this subdivi-

        S. 3008                            88                            A. 3008
 
     1  sion, no later than two business days after application  of  the  trans-
     2  action  hold,  notify adult protective services and/or a law enforcement
     3  agency of the belief of financial exploitation and the transaction hold;
     4  and  (iii) at the request of adult protective services or a law enforce-
     5  ment agency, provide any information and documents relating to the tran-
     6  saction hold within three business  days  after  the  request  for  such
     7  information or documents.
     8    3.  Before  placing a delay on a disbursement or transaction  pursuant
     9  to this section, a financial institution must do all of the following:
    10    (a) Develop training  policies  or  programs  reasonably  designed  to
    11  educate  employees  who  perform  or  approve  transactions on behalf of
    12  customers on issues pertaining to financial  exploitation  of  specified
    13  adults.
    14    (b)  Conduct training for employees described in paragraph (a) of this
    15  subdivision as soon as reasonably practicable  and  maintain  a  written
    16  record  of  all  trainings  conducted. With respect to an individual who
    17  begins employment with a covered financial institution after July first,
    18  two thousand twenty-four, such training must  be  conducted  within  one
    19  year  after  the  date  on  which  the individual becomes employed by or
    20  affiliated or associated with the covered financial institution.
    21    (c) Develop, maintain, and enforce written  procedures  regarding  the
    22  manner in which suspected financial exploitation is reviewed internally,
    23  including,  if  applicable,  the  manner  in  which  suspected financial
    24  exploitation is required to be reported to supervisory personnel.
    25    4. Notification. If a banking institution reasonably  believes  finan-
    26  cial exploitation of an eligible adult has occurred, has been attempted,
    27  or  is  being attempted, the banking institution may promptly notify the
    28  adult protective services and law enforcement.
    29    5. Duration of transaction  hold.  A  transaction  hold  shall  expire
    30  fifteen  business  days  after  its application except that (i) a trans-
    31  action hold may be extended for up to  forty  additional  business  days
    32  upon  request if there is a continued reasonable belief of exploitation,
    33  unless  sooner  terminated  or  further  extended  by  adult  protective
    34  services,  law  enforcement,  any  agency of competent jurisdiction or a
    35  court of competent jurisdiction; (ii) if a banking institution no longer
    36  reasonably believes that a transaction is the subject of or  related  to
    37  financial exploitation, it shall release such transaction, provided that
    38  adult protective services or the law enforcement agency that the banking
    39  institution  has  notified  of such hold pursuant to subparagraph (i) of
    40  paragraph (c) of subdivision two of this section does not object.
    41    6. Records. A banking institution shall provide access to or copies of
    42  records that are  relevant  to  the  suspected  or  attempted  financial
    43  exploitation of an eligible adult to adult protective services, an agen-
    44  cy  of  competent jurisdiction, and law enforcement, either as part of a
    45  notification or at the request  of  adult  protective  services,  a  law
    46  enforcement  agency, or an agency of competent jurisdiction. All records
    47  made available to adult protective  services,  an  agency  of  competent
    48  jurisdiction,  or  law  enforcement  shall  be  considered  confidential
    49  records and shall not be available for examination by the public.
    50    7. Regulations.   The superintendent  may  promulgate  regulations  to
    51  effectuate the purposes of this section, including setting forth factors
    52  that  a banking institution may consider in determining whether to apply
    53  a transaction hold to a transaction pursuant to paragraph (a) of  subdi-
    54  vision  two  of  this  section,  the form and manner of any notification
    55  mandated by subdivision two of this section, and the  implementation  of

        S. 3008                            89                            A. 3008
 
     1  training  programs for banking institution staff relating to recognizing
     2  financial exploitation.
     3    8.  Immunity. A banking institution or an employee of a banking insti-
     4  tution shall be immune from civil and administrative liability for  good
     5  faith actions in relation to the application of this section.
     6    9.  Communication with reporters. Notwithstanding any other law to the
     7  contrary, adult protective services, law enforcement or  any  agency  of
     8  competent jurisdiction may provide a general case status or final dispo-
     9  sition to a banking institution that reported such a case to an agency.
    10    10.  Absent  a reasonable belief of financial exploitation as provided
    11  in this section, this section  does  not  otherwise  alter  a  financial
    12  institution's obligations to all parties authorized to transact business
    13  on an account and any trusted contact named on such account.
    14    § 3. Section 473 of the social services law is amended by adding a new
    15  subdivision 5-a to read as follows:
    16    5-a. Whenever a social services official, or their designee authorized
    17  or  required to determine the need for, or to provide or arrange for the
    18  provision of protective  services  to  adults  in  accordance  with  the
    19  provisions  of this title has a reason to believe that financial exploi-
    20  tation of an eligible adult has occurred,  has  been  attempted,  or  is
    21  being  attempted,  the  social  services official or their designee must
    22  report this information to the appropriate law  enforcement  agency  and
    23  notify  any  broker-dealer,  investment  adviser, or banking institution
    24  involved in the relevant financial transactions of the need  to  hold  a
    25  transaction.
    26    §  4.  Paragraph  (g)  of  subdivision  6 of section 473 of the social
    27  services law, as added by chapter 395 of the laws of 1995, is amended to
    28  read as follows:
    29    (g) "Financial exploitation" means:
    30    (i) the  improper  use  of  an  adult's  funds,  property,  income  or
    31  [resources  by  another individual, including but not limited to, fraud,
    32  false pretenses, embezzlement, conspiracy, forgery, falsifying  records,
    33  coerced property transfers or denial of access to assets] assets; or
    34    (ii)  any  act or omission by a person, including through the use of a
    35  power of attorney, guardianship or  any  other  authority  regarding  an
    36  adult  to:  (A) obtain control, through deception, intimidation, threats
    37  or undue influence over the adult's money, assets, income  or  property;
    38  or (B) convert the adult's money, assets, income or property.
    39    § 5. This act shall take effect on the one hundred eightieth day after
    40  it shall have become a law.
 
    41                                   PART BB
 
    42    Section  1.  The section heading of section 3457 of the insurance law,
    43  as amended by chapter 85 of the laws of 2021,  is  amended  to  read  as
    44  follows:
    45    Group  insurance  policies for [certain] insuring for hire motor vehi-
    46  cles.
    47    § 2. Paragraph 2 of subsection (a) of section 3457  of  the  insurance
    48  law, as amended by chapter 85 of the laws of 2021, is amended to read as
    49  follows:
    50    (2)  "For  hire  motor  vehicle"  or  "vehicle"  means a motor vehicle
    51  engaged in the business  of  carrying  or  transporting  passengers  for
    52  hire[,  having  a  seating  capacity  of not less than eight passengers,
    53  excluding the driver].
    54    § 3. This act shall take effect immediately.

        S. 3008                            90                            A. 3008
 
     1                                   PART CC
 
     2    Section 1. Paragraph 2 of subsection (b) of section 2305 of the insur-
     3  ance  law,  as amended by chapter 129 of the laws of 2022, is amended to
     4  read as follows:
     5    (2) motor vehicle insurance, or  surety  bonds,  required  by  section
     6  three  hundred  seventy  of  the vehicle and traffic law [or], except as
     7  provided in section two thousand  three  hundred  twenty-eight  of  this
     8  article, article forty-four-B of the vehicle and traffic law, or article
     9  forty of the general business law;
    10    §  2.  Section  2328  of the insurance law, as amended by section 1 of
    11  part NN of chapter 58 of the  laws  of  2024,  is  amended  to  read  as
    12  follows:
    13    §  2328.  [Certain]  For  hire  motor  vehicle insurance rates[; prior
    14  approval. No changes in rates, rating plans, rating rules and rate manu-
    15  als applicable to motor vehicle insurance, including no-fault  coverages
    16  under  article  fifty-one of this chapter, shall be made effective until
    17  approved  by  the  superintendent,  notwithstanding   any   inconsistent
    18  provisions  of  this  article].   (a) Overall average (for all coverages
    19  combined) rate level increases above an insurer's rates in  effect  that
    20  are  up  to  a  percentage  specified in a regulation promulgated by the
    21  superintendent but not to exceed five percent, may take  effect  without
    22  the superintendent's prior approval. An insurer shall not implement more
    23  than  two  rate  increases  pursuant to this section, the total of which
    24  shall not exceed the limitation specified in a  regulation,  during  any
    25  twelve-month period. An insurer also shall not implement a rate increase
    26  within  the  limitation specified in a regulation until the onset of the
    27  new policy period.
    28    (b) This section shall apply  only  to  policies  covering  losses  or
    29  liabilities arising out of ownership of a motor vehicle used principally
    30  for the transportation of persons for hire, [including] other than a bus
    31  or  a school bus as defined in sections one hundred four and one hundred
    32  forty-two of the vehicle and traffic law.
    33    § 3. This act shall take effect on the one hundred eightieth day after
    34  it shall have become a law. Effective immediately, the addition,  amend-
    35  ment and/or repeal of any rule or regulation necessary for the implemen-
    36  tation  of  this act on its effective date are authorized to be made and
    37  completed on or before such effective date.
 
    38                                   PART DD
 
    39    Section 1. Section 2328 of the insurance law, as amended by section  1
    40  of  part  NN  of  chapter  58 of the laws of 2024, is amended to read as
    41  follows:
    42    § 2328. [Certain] For  hire  motor  vehicle  insurance  rates[;  prior
    43  approval].    (a) An insurer shall submit to the superintendent, for the
    44  superintendent's prior approval, its rates, rating plans, rating  rules,
    45  and  rate  manuals  applicable  to  motor  vehicle  insurance, including
    46  no-fault coverages under article fifty-one of this  chapter,  by  August
    47  first, two thousand twenty-five and at least every three years thereaft-
    48  er,  unless  the superintendent requests the rates, rating plans, rating
    49  rules, or rating manuals more frequently.  For  rates  submitted  on  or
    50  before  August  first,  two thousand twenty-five, the superintendent may
    51  approve the phasing in of rates that meet the  standards  set  forth  in
    52  section  two  thousand three hundred three of this article if the super-

        S. 3008                            91                            A. 3008
 
     1  intendent determines that it would be  in  the  best  interests  of  the
     2  people of this state.
     3    (b)  No  changes in rates, rating plans, rating rules and rate manuals
     4  applicable to motor  vehicle  insurance,  including  no-fault  coverages
     5  under  article  fifty-one of this chapter, shall be made effective until
     6  approved  by  the  superintendent,  notwithstanding   any   inconsistent
     7  provisions of this article.
     8    (c)  This  section  shall  apply  only  to policies covering losses or
     9  liabilities arising out of ownership of a motor vehicle used principally
    10  for the transportation of persons for hire, [including] other than a bus
    11  or a school bus as defined in sections one hundred four and one  hundred
    12  forty-two of the vehicle and traffic law.
    13    § 2. This act shall take effect immediately.
 
    14                                   PART EE
 
    15    Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
    16  of the laws of 1968 constituting the New York  state  urban  development
    17  corporation  act, as amended by section 1 of part Z of chapter 58 of the
    18  laws of 2024, is amended to read as follows:
    19    3. The provisions of this section shall  expire,  notwithstanding  any
    20  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    21  the laws of 1996 or of any other law, on July 1, [2025] 2028.
    22    § 2. This act shall take effect immediately.

    23                                   PART FF
 
    24    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
    25  New York state urban development corporation act, relating to the powers
    26  of the New York state urban development corporation to  make  loans,  as
    27  amended  by  section  1 of part AA of chapter 58 of the laws of 2024, is
    28  amended to read as follows:
    29    § 2. This act shall take effect immediately  provided,  however,  that
    30  section  one  of  this act shall expire on July 1, [2025] 2028, at which
    31  time the provisions of subdivision 26 of section 5 of the New York state
    32  urban development corporation act shall be  deemed  repealed;  provided,
    33  however,  that neither the expiration nor the repeal of such subdivision
    34  as provided for herein shall be deemed to affect or impair in any manner
    35  any loan made pursuant to the authority of  such  subdivision  prior  to
    36  such expiration and repeal.
    37    § 2. This act shall take effect immediately.
 
    38                                   PART GG
 
    39    Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
    40  amending  the public authorities law, relating to authorizing the dormi-
    41  tory  authority to enter into certain design and construction management
    42  agreements, as amended by section 1 of part LL of chapter 58 of the laws
    43  of 2023, is amended to read as follows:
    44    § 2. This act shall take effect immediately and shall  expire  and  be
    45  deemed repealed April 1, [2025] 2027.
    46    §  2. The dormitory authority of the state of New York shall provide a
    47  report providing information regarding any project  undertaken  pursuant
    48  to a design and construction management agreement, as authorized by part
    49  BB of chapter 58 of the laws of 2012, between the dormitory authority of
    50  the  state  of New York and the department of environmental conservation

        S. 3008                            92                            A. 3008
 
     1  and/or the office of parks, recreation and historic preservation to  the
     2  governor,  the  temporary  president  of  the  senate and speaker of the
     3  assembly. Such report shall include but not be limited to a  description
     4  of  each  such  project,  the project identification number of each such
     5  project, if applicable, the projected date of completion, the status  of
     6  the  project, the total cost or projected cost of each such project, and
     7  the location, including the names of any county, town, village or  city,
     8  where  each  such  project  is  located or proposed. In addition, such a
     9  report shall be provided to the aforementioned parties by the first  day
    10  of  March  of each year that the authority to enter into such agreements
    11  pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
    12    § 3. This act shall take effect immediately and  shall  be  deemed  to
    13  have been in full force and effect on and after April 1, 2025.
 
    14                                   PART HH
 
    15    Section  1.  Short  title. This act shall be known and may be cited as
    16  the "private activity bond allocation act of 2025".
    17    § 2. Legislative findings  and  declaration.  The  legislature  hereby
    18  finds and declares that the federal tax reform act of 1986 established a
    19  statewide  bond  volume  ceiling  on  the issuance of certain tax exempt
    20  private activity bonds  and  notes  and,  under  certain  circumstances,
    21  governmental  use  bonds  and  notes  issued by the state and its public
    22  authorities, local governments, agencies which issue on behalf of  local
    23  governments,  and  certain  other  issuers.  The  federal tax reform act
    24  establishes a formula for the allocation  of  the  bond  volume  ceiling
    25  which  was  subject to temporary modification by gubernatorial executive
    26  order until December 31, 1987. That act also permits state  legislatures
    27  to  establish,  by  statute,  an  alternative formula for allocating the
    28  volume ceiling. Bonds and notes subject to the volume ceiling require an
    29  allocation from the state's annual volume ceiling in  order  to  qualify
    30  for federal tax exemption.
    31    It  is  hereby  declared to be the policy of the state to maximize the
    32  public benefit through the issuance of private activity  bonds  for  the
    33  purposes  of,  among  other  things, allocating a fair share of the bond
    34  volume ceiling upon initial allocation and from a bond reserve to  local
    35  agencies  and for needs identified by local governments; providing hous-
    36  ing and promoting economic  development;  job  creation;  an  economical
    37  energy  supply;  and resource recovery and to provide for an orderly and
    38  efficient volume ceiling allocation process for state and local agencies
    39  by establishing an alternative formula for making such allocations.
    40    § 3. Definitions. As used in this act,  unless  the  context  requires
    41  otherwise:
    42    1. "Bonds" means bonds, notes or other obligations.
    43    2.  "Carryforward"  means  an  amount  of unused private activity bond
    44  ceiling available to an issuer pursuant to an election  filed  with  the
    45  internal revenue service pursuant to section 146(f) of the code.
    46    3. "Code" means the internal revenue code of 1986, as amended.
    47    4. "Commissioner" means the commissioner of the New York state depart-
    48  ment of economic development.
    49    5.  "Covered  bonds" means those tax exempt private activity bonds and
    50  that portion of the non-qualified amount of an issue of governmental use
    51  bonds for which an allocation of the statewide ceiling is  required  for
    52  the  interest  earned  by  holders of such bonds to be excluded from the
    53  gross income of such holders for federal income tax purposes  under  the
    54  code.

        S. 3008                            93                            A. 3008
 
     1    6. "Director" means the director of the New York state division of the
     2  budget.
     3    7. "Issuer" means a local agency, state agency or other issuer.
     4    8.  "Local  agency" means an industrial development agency established
     5  or operating pursuant to article 18-A of the general municipal law,  the
     6  Troy industrial development authority and the Auburn industrial develop-
     7  ment authority.
     8    9.  "Other  issuer"  means  any agency, political subdivision or other
     9  entity, other than a local agency or state agency, that is authorized to
    10  issue covered bonds.
    11    10. "Qualified small issue bonds" means qualified small  issue  bonds,
    12  as defined in section 144(a) of the code.
    13    11.  "State  agency"  means  the state of New York, the New York state
    14  energy research and development authority, the New York job  development
    15  authority,  the New York state environmental facilities corporation, the
    16  New York state urban development corporation and its  subsidiaries,  the
    17  Battery  Park  city  authority,  the  port authority of New York and New
    18  Jersey, the power authority of the state  of  New  York,  the  dormitory
    19  authority  of  the state of New York, the New York state housing finance
    20  agency, the state of New York mortgage  agency,  and  any  other  public
    21  benefit  corporation  or public authority designated by the governor for
    22  the purposes of this act.
    23    12. "Statewide ceiling" means for any calendar year the highest  state
    24  ceiling  (as such term is used in section 146 of the code) applicable to
    25  New York state.
    26    13. "Future allocations" means allocations of statewide ceiling for up
    27  to two future years.
    28    14. "Multi-year housing development project" means a project (a) which
    29  qualifies for covered bonds; (b) which is to be constructed over two  or
    30  more  years  and  (c)  in  which at least twenty percent of the dwelling
    31  units will be occupied by persons and families of low income.
    32    § 4. Local agency set-aside. A  set-aside  of  statewide  ceiling  for
    33  local  agencies for any calendar year shall be an amount which bears the
    34  same ratio to one-third of the statewide ceiling as  the  population  of
    35  the  jurisdiction  of  such  local agency bears to the population of the
    36  entire state. The commissioner  shall  administer  allocations  of  such
    37  set-aside to local agencies.
    38    §  5. State agency set-aside. A set-aside of statewide ceiling for all
    39  state agencies for any calendar year shall be one-third of the statewide
    40  ceiling. The director shall administer allocations of such set-aside  to
    41  state  agencies  and  may  grant  an allocation to any state agency upon
    42  receipt of an application in such form as the director shall require.
    43    § 6. Statewide bond reserve. One-third of  the  statewide  ceiling  is
    44  hereby  set  aside as a statewide bond reserve to be administered by the
    45  director.
    46    1. Allocation of the statewide  bond  reserve  among  state  agencies,
    47  local  agencies and other issuers. The director shall transfer a portion
    48  of the statewide bond reserve to the commissioner for allocation to  and
    49  use  by local agencies and other issuers in accordance with the terms of
    50  this section. The remainder of the statewide bond reserve may  be  allo-
    51  cated  by the director to state agencies in accordance with the terms of
    52  this section.
    53    2. Allocation of statewide bond reserve to  local  agencies  or  other
    54  issuers.

        S. 3008                            94                            A. 3008
 
     1    (a)  Local  agencies  or  other  issuers  may at any time apply to the
     2  commissioner for an allocation from the  statewide  bond  reserve.  Such
     3  application shall demonstrate:
     4    (i)  that  the requested allocation is required under the code for the
     5  interest earned on the bonds to be excluded from  the  gross  income  of
     6  bondholders for federal income tax purposes;
     7    (ii)  that  the  local  agency's  remaining unused allocation provided
     8  pursuant to section four of  this  act,  and  other  issuer's  remaining
     9  unused  allocation,  or  any available carryforward will be insufficient
    10  for the specific project or projects for which the reserve allocation is
    11  requested; and
    12    (iii) that, except for those  allocations  made  pursuant  to  section
    13  thirteen  of  this  act  to enable carryforward elections, the requested
    14  allocation is reasonably expected to be used during the  calendar  year,
    15  and the requested future allocation is reasonably expected to be used in
    16  the calendar year to which the future allocation relates.
    17    (b)  In  reviewing  and  approving  or  disapproving applications, the
    18  commissioner shall exercise discretion to ensure an  equitable  distrib-
    19  ution  of  allocations from the statewide bond reserve to local agencies
    20  and other issuers. Prior to making a determination on such applications,
    21  the commissioner shall notify and seek the recommendation of the  presi-
    22  dent  and  chief executive officer of the New York state housing finance
    23  agency in the case of an application related to the issuance  of  multi-
    24  family  housing  or  mortgage  revenue  bonds,  and in the case of other
    25  requests, such state officers, departments, divisions  and  agencies  as
    26  the commissioner deems appropriate.
    27    (c)  Applications  for  allocations  shall  be  made  in such form and
    28  contain such information and reports as the commissioner shall require.
    29    (d) On or before September fifteenth of each  year,  the  commissioner
    30  shall  publish  the total amount of local agency set-aside that has been
    31  recaptured pursuant to section twelve of this act for that year  on  the
    32  department of economic development's website.
    33    3.  Allocation of statewide bond reserve to state agencies. The direc-
    34  tor may make an allocation from the statewide bond reserve to any  state
    35  agency.  Before making any allocation of statewide bond reserve to state
    36  agencies the director shall be satisfied:
    37    (a) that the allocation is required under the code  for  the  interest
    38  earned  on the bonds to be excluded from the gross income of bondholders
    39  for federal income tax purposes;
    40    (b) that the  state  agency's  remaining  unused  allocation  provided
    41  pursuant  to section five of this act or any available carryforward will
    42  be insufficient to accommodate the specific bond  issue  or  issues  for
    43  which the reserve allocation is requested; and
    44    (c)  that, except for those allocations made pursuant to section thir-
    45  teen of this act to enable carryforward elections, the  requested  allo-
    46  cation  is  reasonably expected to be used during the calendar year, and
    47  the requested future allocation is reasonably expected to be used in the
    48  calendar year to which the future allocation relates.
    49    § 7. Access to employment opportunities. 1. All issuers shall  require
    50  that  any new employment opportunities created in connection with indus-
    51  trial or manufacturing projects financed through the issuance of  quali-
    52  fied  small  issue bonds shall be listed with the New York state depart-
    53  ment of labor and with the one-stop career center  established  pursuant
    54  to  the  federal  Workforce  Innovation and Opportunity Act (Pub. L. No.
    55  113-128) serving the locality in which the employment opportunities  are
    56  being  created. Such listing shall be in a manner and form prescribed by

        S. 3008                            95                            A. 3008
 
     1  the commissioner. All issuers shall further require  that  for  any  new
     2  employment  opportunities  created  in  connection with an industrial or
     3  manufacturing project financed through the issuance of  qualified  small
     4  issue  bonds  by  such  issuer,  industrial or manufacturing firms shall
     5  first consider persons eligible to participate in  the  Workforce  Inno-
     6  vation  and  Opportunity Act (Pub. L. No. 113-128) programs who shall be
     7  referred to the industrial or manufacturing firm by one-stop centers  in
     8  local  workforce investment areas or by the department of labor. Issuers
     9  of qualified small issue bonds are required to monitor  compliance  with
    10  the provisions of this section as prescribed by the commissioner.
    11    2.  Nothing  in  this  section  shall be construed to require users of
    12  qualified small issue bonds to violate any existing collective  bargain-
    13  ing  agreement  with  respect to the hiring of new employees. Failure on
    14  the part of any user of qualified small issue bonds to comply  with  the
    15  requirements  of this section shall not affect the allocation of bonding
    16  authority to the issuer of the bonds  or  the  validity  or  tax  exempt
    17  status of such bonds.
    18    §  8. Overlapping jurisdictions. In a geographic area represented by a
    19  county local agency and one or more sub-county local agencies, the allo-
    20  cation granted by section four of this act with respect to such area  of
    21  overlapping  jurisdiction  shall  be  apportioned one-half to the county
    22  local agency and one-half to the sub-county local  agency  or  agencies.
    23  Where  there  is  a local agency for the benefit of a village within the
    24  geographic area of a town for the benefit of  which  there  is  a  local
    25  agency, the allocation of the village local agency shall be based on the
    26  population  of the geographic area of the village, and the allocation of
    27  the town local  agency  shall  be  based  upon  the  population  of  the
    28  geographic  area of the town outside of the village. Notwithstanding the
    29  foregoing, a local agency may surrender all or part  of  its  allocation
    30  for  such  calendar  year  to  another  local agency with an overlapping
    31  jurisdiction. Such surrender shall be made at  such  time  and  in  such
    32  manner as the commissioner shall prescribe.
    33    §  9.  Ineligible local agencies. To the extent that any allocation of
    34  the local agency set-aside would be made by this act to a  local  agency
    35  which  is  ineligible to receive such allocation under the code or under
    36  regulations interpreting the state  volume  ceiling  provisions  of  the
    37  code, such allocation shall instead be made to the political subdivision
    38  for whose benefit that local agency was created.
    39    § 10. Municipal reallocation. The chief executive officer of any poli-
    40  tical  subdivision or, if such political subdivision has no chief execu-
    41  tive officer, the governing board of the political subdivision  for  the
    42  benefit  of  which a local agency has been established, may withdraw all
    43  or any portion of the allocation granted by section four of this act  to
    44  such  local agency. The political subdivision may then reallocate all or
    45  any portion of such allocation, as well as all or  any  portion  of  the
    46  allocation  received  pursuant to section nine of this act, to itself or
    47  any other issuer established for the benefit of that political  subdivi-
    48  sion  or may assign all or any portion of the allocation received pursu-
    49  ant to section nine of this act to the  local  agency  created  for  its
    50  benefit. The chief executive officer or governing board of the political
    51  subdivision,  as  the  case may be, shall notify the commissioner of any
    52  such reallocation.
    53    § 11. Future allocations for multi-year housing development  projects.
    54  1.  In addition to other powers granted under this act, the commissioner
    55  is authorized to make the  following  future  allocations  of  statewide
    56  ceiling  for  any  multi-year  housing development project for which the

        S. 3008                            96                            A. 3008
 
     1  commissioner also makes an  allocation  of  statewide  ceiling  for  the
     2  current  year under this act or for which, in the event of expiration of
     3  provisions of this act described in section eighteen  of  this  act,  an
     4  allocation  of volume cap for a calendar year subsequent to such expira-
     5  tion shall have been made under section 146 of the code:  (a)  to  local
     6  agencies  from the local agency set-aside (but only with the approval of
     7  the chief executive officer of the political subdivision  to  which  the
     8  local  agency  set-aside  relates  or  the governing body of a political
     9  subdivision having no chief executive officer) and (b) to other  issuers
    10  from  that portion, if any, of the statewide bond reserve transferred to
    11  the commissioner by the director. Any  future  allocation  made  by  the
    12  commissioner shall constitute an allocation of statewide ceiling for the
    13  future  year  specified  by the commissioner and shall be deemed to have
    14  been made on the first day of the future year so specified.
    15    2. In addition to other powers granted under this act, the director is
    16  authorized to make future allocations  of  statewide  ceiling  from  the
    17  state agency set-aside or from the statewide bond reserve to state agen-
    18  cies for any multi-year housing development project for which the direc-
    19  tor  also makes an allocation of statewide ceiling from the current year
    20  under this act or for which, in the event of expiration of provisions of
    21  this act described in section eighteen of this  act,  an  allocation  of
    22  volume  cap for a calendar year subsequent to such expiration shall have
    23  been made under section 146 of the  code,  and  is  authorized  to  make
    24  transfers  of  the statewide bond reserve to the commissioner for future
    25  allocations to other issuers for multi-year housing development projects
    26  for which the commissioner has made an allocation of  statewide  ceiling
    27  for  the  current  year.  Any  such future allocation or transfer of the
    28  statewide bond reserve for future allocation made by the director  shall
    29  constitute  an allocation of statewide ceiling or transfer of the state-
    30  wide bond reserve for the future years specified  by  the  director  and
    31  shall be deemed to have been made on the first day of the future year so
    32  specified.
    33    3.  (a)  If  an  allocation  made with respect to a multi-year housing
    34  development project is not used by September fifteenth of  the  year  to
    35  which  the  allocation  relates, the allocation with respect to the then
    36  current year shall be  subject  to  recapture  in  accordance  with  the
    37  provisions  of  section  twelve  of this act, and in the event of such a
    38  recapture, unless a carryforward election by another issuer  shall  have
    39  been  approved by the commissioner or a carryforward election by a state
    40  agency shall have been approved by the director, all future  allocations
    41  made  with respect to such project pursuant to subdivision one or two of
    42  this section shall be canceled.
    43    (b) The commissioner and the director shall have the authority to make
    44  future allocations from recaptured current year allocations and canceled
    45  future allocations to  multi-year  housing  development  projects  in  a
    46  manner consistent with the provisions of this act. Any such future allo-
    47  cation  shall,  unless  a  carryforward election by another issuer shall
    48  have been approved by the commissioner or a carryforward election  by  a
    49  state  agency  shall  have been approved by the director, be canceled if
    50  the current year allocation for the project is not used by December  31,
    51  2026.
    52    (c)  The  commissioner  and  the  director  shall establish procedures
    53  consistent with the provisions of this act relating to  carryforward  of
    54  future allocations.

        S. 3008                            97                            A. 3008
 
     1    4.  The aggregate future allocations from either of the two succeeding
     2  years shall not exceed six hundred fifty million dollars for  each  such
     3  year.
     4    §  12.  Year end allocation recapture. On or before September first of
     5  each year, each state agency shall report to the director and each local
     6  agency and each other issuer shall report to the commissioner the amount
     7  of bonds subject to allocation under this act that will be issued  prior
     8  to  the  end  of  the  then current calendar year, and the amount of the
     9  issuer's then total allocation that will remain unused. As of  September
    10  fifteenth  of  each  year, the unused portion of each local agency's and
    11  other issuer's then total allocation as  reported  and  the  unallocated
    12  portion  of  the  set-aside  for  state agencies shall be recaptured and
    13  added to the statewide bond reserve and shall no longer be available  to
    14  covered bond issuers except as otherwise provided herein. From September
    15  fifteenth through the end of the year, each local agency or other issuer
    16  having  an  allocation  shall immediately report to the commissioner and
    17  each state agency having an allocation shall immediately report  to  the
    18  director  any  changes  to the status of its allocation or the status of
    19  projects for which allocations have been made which  should  affect  the
    20  timing  or  likelihood of the issuance of covered bonds therefor. If the
    21  commissioner determines that a local agency or other issuer has  overes-
    22  timated  the  amount of covered bonds subject to allocation that will be
    23  issued prior to the end of  the  calendar  year,  the  commissioner  may
    24  recapture  the  amount  of  the allocation to such local agency or other
    25  issuer represented by such overestimation by notice to the local  agency
    26  or  other issuer, and add such allocation to the statewide bond reserve.
    27  The director may likewise make such  determination  and  recapture  with
    28  respect to state agency allocations.
    29    §  13.  Allocation  carryforward.  1.  No local agency or other issuer
    30  shall make a  carryforward  election  utilizing  any  unused  allocation
    31  (pursuant  to  section 146(f) of the code) without the prior approval of
    32  the commissioner. Likewise no state agency shall make or  file  such  an
    33  election,  or  elect  to  issue  or carryforward mortgage credit certif-
    34  icates, without the prior approval of the director.
    35    2. On or before November fifteenth of each  year,  each  state  agency
    36  seeking  unused  statewide  ceiling for use in future years shall make a
    37  request for an allocation for a  carryforward  to  the  director,  whose
    38  approval shall be required before a carryforward election is filed by or
    39  on behalf of any state agency. A later request may also be considered by
    40  the  director, who may file a carryforward election for any state agency
    41  with the consent of such agency.
    42    3. On or before November fifteenth of each year, each local agency  or
    43  other  issuer  seeking  unused statewide ceiling for use in future years
    44  shall make a request for an allocation for a carryforward to the commis-
    45  sioner, whose approval shall be required before a carryforward  election
    46  is  filed  by or on behalf of any local or other agency. A later request
    47  may also be considered by the commissioner.
    48    4. On or before January fifteenth of each  year,  the  director  shall
    49  publish the total amount of unused statewide ceiling from the prior year
    50  on the division of budget's website.
    51    §  14.  New York state bond allocation policy advisory panel. 1. There
    52  is hereby created a policy advisory panel and process to provide  policy
    53  advice  regarding the priorities for distribution of the statewide ceil-
    54  ing.
    55    2. The panel  shall  consist  of  five  members,  one  designee  being
    56  appointed  by  each of the following: the governor, the temporary presi-

        S. 3008                            98                            A. 3008

     1  dent of the senate, the speaker of the assembly, the minority leader  of
     2  the  senate and the minority leader of the assembly. The designee of the
     3  governor shall chair the panel. The panel shall monitor  the  allocation
     4  process through the year, and in that regard, the division of the budget
     5  and  the  department  of economic development shall assist and cooperate
     6  with the panel as provided in this section. The advisory  process  shall
     7  operate  through  the  issuance  of  advisory opinions by members of the
     8  panel as provided in subdivisions six and seven of this section. A meet-
     9  ing may be held at the call of the chair with the unanimous  consent  of
    10  the members.
    11    3.  (a)  Upon  receipt  of  a  request for allocation or a request for
    12  approval of a carryforward election from the statewide  reserve  from  a
    13  local  agency or other issuer, the commissioner shall, within five work-
    14  ing days, notify the panel of such request and provide  the  panel  with
    15  copies of all application materials submitted by the applicant.
    16    (b) Upon receipt of a request for allocation or a request for approval
    17  of carryforward election from the statewide reserve from a state agency,
    18  the  director  shall, within five working days, notify the panel of such
    19  request and provide the panel with copies of all  application  materials
    20  submitted by the applicant.
    21    4.  (a)  Following  receipt  of  a request for allocation from a local
    22  agency or other issuer, the commissioner shall notify  the  panel  of  a
    23  decision  to approve or exclude from further consideration such request,
    24  and the commissioner shall state the reasons. Such notification shall be
    25  made with or after the  transmittal  of  the  information  specified  in
    26  subdivision  three of this section and at least five working days before
    27  formal notification is made to the applicant.
    28    (b) Following receipt of a request for allocation from a state agency,
    29  the director shall notify the panel of a decision to approve or  exclude
    30  from  further  consideration  such request, and shall state the reasons.
    31  Such notification shall be made with or after the  transmission  of  the
    32  information  specified in subdivision three of this section and at least
    33  five working days before formal notification is made to the state  agen-
    34  cy.
    35    5.  The  requirements  of  subdivisions three and four of this section
    36  shall not apply to adjustments to allocations due to bond sizing  chang-
    37  es.
    38    6.  In  the  event  that  any  decision  to approve or to exclude from
    39  further consideration a request for allocation is made within ten  work-
    40  ing days of the end of the calendar year and in the case of all requests
    41  for consent to a carryforward election, the commissioner or director, as
    42  is  appropriate,  shall  provide  the  panel  with  the longest possible
    43  advance notification of the action, consistent with the requirements  of
    44  the  code,  and  shall,  wherever  possible, solicit the opinions of the
    45  members of the panel before formally  notifying  any  applicant  of  the
    46  action.  Such  notification  may  be made by means of telephone communi-
    47  cation to the members or by  written  notice  delivered  to  the  Albany
    48  office of the appointing authority of the respective members.
    49    7.  Upon  notification by the director or the commissioner, any member
    50  of the panel may, within five working days, notify the  commissioner  or
    51  the  director of any policy objection concerning the expected action. If
    52  three or more members of the panel shall  submit  policy  objections  in
    53  writing  to  the intended action, the commissioner or the director shall
    54  respond in writing to the objection prior to taking the intended  action
    55  unless  exigent  circumstances  make  it  necessary to respond after the
    56  action has been taken.

        S. 3008                            99                            A. 3008
 
     1    8. On or before the first day of July, in any year, the director shall
     2  report to the members of the New York state bond allocation policy advi-
     3  sory panel on the actual utilization of volume cap for the  issuance  of
     4  bonds  during  the  prior calendar year and the amount of such cap allo-
     5  cated  for  carryforwards  for  future  bond  issuance. The report shall
     6  include, for each local agency or other issuer and each state agency the
     7  initial allocation, the amount of bonds  issued  subject  to  the  allo-
     8  cation,  the amount of the issuer's allocation that remained unused, the
     9  allocation of the statewide bond reserve, carryforward  allocations  and
    10  recapture  of allocations. Further, the report shall include projections
    11  regarding private activity bond issuance for state and local issuers for
    12  the calendar year,  as  well  as  any  recommendations  for  legislative
    13  action.   The director shall publish the report on the division of budg-
    14  et's website concurrently with the release of the report to the panel.
    15    § 15. Severability. If any clause, sentence,  paragraph,  section,  or
    16  item  of this part shall be adjudged by any court of competent jurisdic-
    17  tion to be invalid, such judgment shall not affect, impair,  or  invali-
    18  date  the  remainder  thereof, but shall be confined in its operation to
    19  the clause, sentence,  paragraph,  section,  or  item  thereof  directly
    20  involved  in  the  controversy  in  which  such judgment shall have been
    21  rendered.
    22    § 16. Notwithstanding any provisions of this act to the  contrary  (1)
    23  provided  that  a  local agency or other issuer certifies to the commis-
    24  sioner on or before October 1, 2025 that it has issued private  activity
    25  bonds  described in this act and the amount thereof which used statewide
    26  ceiling, a commitment or allocation of  statewide  ceiling  to  a  local
    27  agency  or other issuer made to or so used by such local agency or other
    28  issuer pursuant to the federal tax reform act of 1986 on or after  Janu-
    29  ary  1,  2025  and prior to the effective date of this act, in an amount
    30  which exceeds the local agency set-aside established by section four  of
    31  this act, shall be first chargeable to the statewide bond reserve estab-
    32  lished  pursuant  to  section  six  of this act, and (2) a commitment or
    33  allocation of statewide ceiling to a state agency made  to  or  used  by
    34  such  agency  pursuant  to  the internal revenue code, as amended, on or
    35  after January 1, 2025 and prior to the effective date of this act, shall
    36  be first chargeable to the state agency set-aside  established  pursuant
    37  to  section  five  of  this  act, and, thereafter, to the statewide bond
    38  reserve established by section six of this act.
    39    § 17. Nothing contained in this act  shall  be  deemed  to  supersede,
    40  alter  or  impair any allocation used by or committed by the director or
    41  commissioner to a state or local agency or other issuer pursuant to  the
    42  federal  tax  reform act of 1986 and prior to the effective date of this
    43  act.
    44    § 18. This act shall take effect immediately; provided, however,  that
    45  sections  three, four, five, six, seven, eight, nine, ten, twelve, thir-
    46  teen and fourteen of this act shall expire July 1, 2028 when  upon  such
    47  date  the  provisions  of such sections shall be deemed repealed; except
    48  that the provisions of subdivisions two and three of section thirteen of
    49  this act shall expire and be deemed repealed February 15, 2028.
 
    50                                   PART II
 
    51    Section 1. Subdivision 32 of section 1676 of  the  public  authorities
    52  law,  as added by chapter 672 of the laws of 1993, is amended to read as
    53  follows:

        S. 3008                            100                           A. 3008
 
     1    32. The term "public library" shall mean [those libraries set forth in
     2  section five of the chapter of the laws of nineteen hundred ninety-three
     3  which added this subdivision, as defined as] any  library  chartered  by
     4  the  state  board  of  regents, created by an act of the legislature, or
     5  incorporated  under  the  not-for-profit  corporation law constituting a
     6  public library [or as], an association library [pursuant to] or  a  free
     7  library  as  defined in section two hundred fifty-three of the education
     8  law.
     9    § 2. This act shall not affect the status as a  "public  library"  for
    10  purposes  of title 4 of article 8 of the public authorities law of those
    11  libraries set forth in section 5 of chapter 672 of the laws of 1993,  as
    12  amended  from  time to time prior to the effective date of this act, nor
    13  shall this act impair the validity of bonds  heretofore  issued  by  the
    14  dormitory authority for the benefit of any such library.
    15    § 3. This act shall take effect immediately.

    16                                   PART JJ
 
    17    Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
    18  public authorities law is amended by adding a new undesignated paragraph
    19  to read as follows:
    20    Any county, city, town, and  village,  for  the  construction,  recon-
    21  struction,  development,  improvement,  expansion  and/or equipping of a
    22  facility or facilities and necessary ancillary and  related  facilities;
    23  provided,  however,  that any alternative delivery authorization derived
    24  pursuant to the Infrastructure Investment Act, part F of chapter  60  of
    25  the  laws of 2015, as amended by part DD of chapter 58 the laws of 2020,
    26  shall not be applicable to any project undertaken by  the  authority  on
    27  behalf  of  any county, city, town, and village pursuant to this section
    28  and further providing that nothing in this section shall result in  the:
    29  (1)  displacement  of  any currently employed worker or loss of position
    30  (including partial displacement such as a  reduction  in  the  hours  of
    31  non-overtime  work,  wages  or  employment  benefits),  or result in the
    32  impairment of existing collective bargaining agreements; and (2)  trans-
    33  fer  of  existing  duties  and functions currently performed by existing
    34  public employees for a public employer that becomes eligible to  utilize
    35  the dormitory authority pursuant to this section.
    36    §  2.  Subdivision  1 of section 1680 of the public authorities law is
    37  amended by adding a new undesignated paragraph to read as follows:
    38    Any county, city, town, and  village,  for  the  construction,  recon-
    39  struction,  development,  improvement,  expansion  and/or equipping of a
    40  facility or facilities and necessary ancillary and  related  facilities;
    41  provided,  however,  that any alternative delivery authorization derived
    42  pursuant to the Infrastructure Investment Act, part F of chapter  60  of
    43  the  laws  of 2015, as amended by part DD of chapter 58 the laws of 2020
    44  shall not be applicable to any project undertaken by  the  authority  on
    45  behalf  of  any county, city, town, and village pursuant to this section
    46  and that nothing in this section shall result in the:  (1)  displacement
    47  of  any currently employed worker or loss of position (including partial
    48  displacement such as a reduction in  the  hours  of  non-overtime  work,
    49  wages  or  employment benefits), or result in the impairment of existing
    50  collective bargaining agreements; and (2) transfer  of  existing  duties
    51  and  functions  currently  performed  by existing public employees for a
    52  public employer that becomes eligible to utilize the dormitory authority
    53  pursuant to this section.

        S. 3008                            101                           A. 3008
 
     1    § 3. Subdivision 26 of section 1678 of the public authorities law,  as
     2  added  by  section  1  of  part BB of chapter 58 of the laws of 2012, is
     3  amended to read as follows:
     4    26.  To  enter  into a design and construction management agreement or
     5  other agreements with  the  department  of  environmental  conservation,
     6  pursuant  to which one or more grants may be administered or pursuant to
     7  which one or more facilities are to  be  designed,  constructed,  recon-
     8  structed,  rehabilitated,  improved,  furnished  or  equipped  for  such
     9  department. Any such design and  construction  management  agreement  or
    10  other agreements entered into pursuant to this subdivision shall provide
    11  for  the  following:  the  scope  of  design and construction management
    12  services or other services to be provided by the authority,  the  manner
    13  in  which those services will be provided, the fees to be charged by the
    14  authority and the sources of funds for  the  projects.  No  design-build
    15  contract  as  defined  in  chapter fifty-six of the laws of two thousand
    16  eleven shall be awarded pursuant to this subdivision.
    17    § 4. This act shall take effect immediately; provided,  however,  that
    18  the  amendments to subdivision 26 of section 1678 of the public authori-
    19  ties law made by section three of this act shall not affect the  expira-
    20  tion and repeal of such section and shall be deemed repealed therewith.
 
    21                                   PART KK
 
    22    Section  1. The opening paragraph of subdivision (h) of section 121 of
    23  chapter 261 of the laws of 1988, amending  the  state  finance  law  and
    24  other  laws relating to the New York state infrastructure trust fund, as
    25  amended by section 1 of part Y of chapter 58 of the  laws  of  2024,  is
    26  amended to read as follows:
    27    The  provisions  of  sections  sixty-two through sixty-six of this act
    28  shall expire and be deemed repealed on July first, two  thousand  [twen-
    29  ty-five] twenty-seven, except that:
    30    § 2. This act shall take effect immediately.
 
    31                                   PART LL
 
    32    Section 1. Section 214 of the state finance law, as amended by section
    33  1  of  part  P  of chapter 59 of the laws of 2007, is amended to read as
    34  follows:
    35    § 214. Establishment and  purpose;  linked  deposit  program  authori-
    36  zation.    The  excelsior  linked deposit program is hereby created. The
    37  purpose of the program is to encourage and  assist  eligible  businesses
    38  within  the  state  to  undertake eligible projects that will materially
    39  contribute to improving their performance and competitiveness. The comp-
    40  troller is hereby authorized to use any moneys of the  state  the  comp-
    41  troller  is  authorized  to invest pursuant to section ninety-eight-a of
    42  this chapter as linked deposits for the program.  Not  more  than  [four
    43  hundred  sixty  million]  one billion dollars of such moneys shall be on
    44  deposit pursuant to the program at any given time. The  commissioner  of
    45  taxation  and  finance  is  hereby authorized to use funds in the linked
    46  deposit program fund established pursuant  to  section  ninety-two-v  of
    47  this  chapter  as  linked  deposits  for the program. [Not more than one
    48  hundred million dollars from the linked deposit program fund shall be on
    49  deposit pursuant to the program at any given time.]
    50    § 2. This act shall take effect immediately.
 
    51                                   PART MM

        S. 3008                            102                           A. 3008
 
     1    Section 1. Paragraph (d) of subdivision 6 of section 163 of the  state
     2  finance  law,  as amended by chapter 110 of the laws of 2024, is amended
     3  to read as follows:
     4    (d)  state  agencies  may  purchase commodities or services from those
     5  certified pursuant to article fifteen-A of the executive law and article
     6  three of the veterans' services law in an amount not  exceeding  [seven]
     7  one  million  five  hundred  [fifty]  thousand  dollars without a formal
     8  competitive process; and
     9    § 2. Subparagraph (i) of paragraph (b) of  subdivision  3  of  section
    10  2879 of the public authorities law, as amended by chapter 96 of the laws
    11  of 2019, is amended to read as follows:
    12    (i)  for the selection of such contractors on a competitive basis, and
    13  provisions relating to the circumstances under which the  board  may  by
    14  resolution  waive  competition,  including,  notwithstanding  any  other
    15  provision of  law  requiring  competition,  the  purchase  of  goods  or
    16  services  from: (A) small business concerns [those certified as minority
    17  or women-owned business enterprises,] or goods or  technology  that  are
    18  recycled  or  remanufactured,  in  an  amount not to exceed five hundred
    19  thousand dollars without a formal competitive  process,  and  (B)  those
    20  certified  as  minority- or women-owned business enterprises or service-
    21  disabled veteran-owned businesses,  in  an  amount  not  to  exceed  one
    22  million five hundred thousand dollars without a formal competitive proc-
    23  ess;
    24    § 3. This act shall take effect immediately.
 
    25                                   PART NN
 
    26    Section  1.  Subsections  (e) and (g) of section 7002 of the insurance
    27  law, as amended by chapter 193 of the laws of 2022, are amended to  read
    28  as follows:
    29    (e) "Industrial insured" means an insured:
    30    (1) whose net worth exceeds one hundred million dollars;
    31    (2)  who  is  a  member  of  a  holding company system whose net worth
    32  exceeds one hundred million dollars;
    33    (3) who is the metropolitan transportation authority and its statutory
    34  subsidiaries. When filing an application to form a pure  captive  insur-
    35  ance  company  the  metropolitan  transportation  authority shall submit
    36  written notice of such filing to the governor, the  temporary  president
    37  of the senate and the speaker of the assembly;
    38    (4) who is the power authority of the state of New York and any statu-
    39  tory  subsidiary  thereof.  When  filing  an  application to form a pure
    40  captive insurance company  the  power  authority  shall  submit  written
    41  notice  of  such  filing to the governor, the temporary president of the
    42  senate and the speaker of the assembly; [or]
    43    (5) who is a state or local authority identified  in  section  twenty-
    44  eight  hundred  fifty-nine of the public authorities law and established
    45  in statute, or any statutory subsidiary thereof, and  is  authorized  by
    46  statute  to form a pure or group captive insurance company.  When filing
    47  an application to form either a pure or group captive insurance company,
    48  the state or local authority or authorities shall submit written  notice
    49  of  such  filing  to the governor, the temporary president of the senate
    50  and the speaker of the assembly; or
    51    (6) who is a city with a population  of  one  million  or  more.  When
    52  filing  an  application to form a pure captive insurance company, a city
    53  with a population of one million or more shall submit written notice  of

        S. 3008                            103                           A. 3008
 
     1  such  filing  to the governor, the temporary president of the senate and
     2  the speaker of the assembly.
     3    (g)  "Industrial insured group" means any group of unaffiliated indus-
     4  trial insureds that are engaged in  similar  or  related  businesses  or
     5  activities  or that are state or local authorities identified in section
     6  twenty-eight hundred fifty-nine of the public authorities law and estab-
     7  lished in statute, or any subsidiary of the authority, provided,  howev-
     8  er,  the  metropolitan  transportation authority, the power authority of
     9  the state of New York and any statutory subsidiary  thereof  and  cities
    10  with  a  population  of  one million or more shall not be a member of an
    11  industrial insured group, and that collectively:
    12    (1) own, control or hold with power to vote  all  of  the  outstanding
    13  voting shares of stock of a group captive insurance company incorporated
    14  as a stock insurer; or
    15    (2)  represent  one  hundred  percent of the voting members of a group
    16  captive insurance company organized as a mutual insurer.
    17    § 2. Subsection (b) of section 7005 of the insurance law, as added  by
    18  section  146 of part A of chapter 389 of the laws of 1997, is amended to
    19  read as follows:
    20    (b) A group captive insurance company may be incorporated:
    21    (1) as a stock insurer with its capital divided into shares  and  held
    22  by the stockholders[, or];
    23    (2)  as  a mutual insurer without capital stock, the governing body of
    24  which is elected by the member organizations of the  industrial  insured
    25  group; or
    26    (3)  in the case of a public benefit corporation, public authority, or
    27  other public entity, as the applicable state law may require.
    28    § 3. The public authorities law is amended by  adding  a  new  section
    29  2859 to read as follows:
    30    § 2859. Captive insurance company. 1. Formation of a captive insurance
    31  company.  The  Battery  Park  city authority, New York convention center
    32  operating corporation, New York state energy  research  and  development
    33  authority,  New  York  state  Olympic  region development authority, and
    34  Roosevelt Island operating corporation, individually or in some combina-
    35  tion with each other, may establish  either  a  pure  or  group  captive
    36  insurance  company  as  provided  in  section  seven thousand two of the
    37  insurance law.
    38    2. Pure captive. Each authority under this section may  establish  its
    39  own  subsidiary  corporation  for  the purpose of forming a pure captive
    40  insurance company.
    41    3. Group captive. For the purposes of forming a group  captive  insur-
    42  ance  company:  (a)  any  authority  under  this section may establish a
    43  subsidiary corporation containing no fewer than three board members; (b)
    44  each group captive participating authority being an  equal  part  share-
    45  holder in the subsidiary with board of directors representation; (c) the
    46  shareholders  shall  agree  among  themselves  the total number of board
    47  members, the allocation of those seats among the shareholders, and  such
    48  other  governance steps to ensure the efficient operation of the subsid-
    49  iary; (d) each shareholder shall select their  board  representative  to
    50  fill their designated seats in their discretion, except that such member
    51  must  be  an  employee  or  board member of the shareholder; and (e) any
    52  action taken by the directors of such subsidiary shall  be  taken  by  a
    53  majority vote of such directors then in office.
    54    4.  Employees.  The employees of any such pure or group captive insur-
    55  ance company, except those who are also employees of the member authori-
    56  ties, shall not be deemed employees of the member authorities.

        S. 3008                            104                           A. 3008
 
     1    § 4. Subdivision (a) of section 1500 of the tax  law,  as  amended  by
     2  chapter 193 of the laws of 2022, is amended to read as follows:
     3    (a)  The  term "insurance corporation" includes a corporation, associ-
     4  ation, joint stock company or association, person, society,  aggregation
     5  or  partnership,  by  whatever  name known, doing an insurance business,
     6  and, notwithstanding the provisions of section fifteen hundred twelve of
     7  this article, shall include (1) a risk retention  group  as  defined  in
     8  subsection  (n)  of section five thousand nine hundred two of the insur-
     9  ance law, (2) the state insurance fund and (3)  a  corporation,  associ-
    10  ation,  joint stock company or association, person, society, aggregation
    11  or partnership doing an insurance business as a member of the  New  York
    12  insurance  exchange described in section six thousand two hundred one of
    13  the  insurance  law.  The  definition  of  the  "state  insurance  fund"
    14  contained  in  this  subdivision  shall  be limited in its effect to the
    15  provisions of this article and the related provisions  of  this  chapter
    16  and  shall  have  no  force  and  effect other than with respect to such
    17  provisions. The  term  "insurance  corporation"  shall  also  include  a
    18  captive insurance company doing a captive insurance business, as defined
    19  in  subsections (c) and (b), respectively, of section seven thousand two
    20  of the insurance law; provided, however, "insurance  corporation"  shall
    21  not include the metropolitan transportation authority, the power author-
    22  ity of New York or any statutory subsidiary thereof, the public authori-
    23  ties identified in section twenty-eight hundred fifty-nine of the public
    24  authorities law or any statutory subsidiary thereof, or a public benefit
    25  corporation  or not-for-profit corporation formed by a city with a popu-
    26  lation of one million or more pursuant  to  subsection  (a)  of  section
    27  seven  thousand  five  of  the insurance law, each of which is expressly
    28  exempt from the payment of fees, taxes or assessments, whether state  or
    29  local; and provided further "insurance corporation" does not include any
    30  combinable  captive  insurance company. The term "insurance corporation"
    31  shall also include an unauthorized  insurer  operating  from  an  office
    32  within  the  state,  pursuant  to  paragraph  five  of subsection (b) of
    33  section one thousand one hundred one and subsection (i) of  section  two
    34  thousand one hundred seventeen of the insurance law. The term "insurance
    35  corporation" also includes a health maintenance organization required to
    36  obtain a certificate of authority under article forty-four of the public
    37  health law.
    38    §  5.  Subdivision (a) of section 1502-b of the tax law, as amended by
    39  chapter 193 of the laws of 2022, is amended to read as follows:
    40    (a) In lieu of the taxes and tax surcharge imposed by sections fifteen
    41  hundred one, fifteen hundred two-a, fifteen hundred five-a, and  fifteen
    42  hundred ten of this article, every captive insurance company licensed by
    43  the  superintendent  of financial services pursuant to the provisions of
    44  article seventy of the insurance law, other than the metropolitan trans-
    45  portation authority, the power authority of New York  or  any  statutory
    46  subsidiary  thereof,  the public authorities identified in section twen-
    47  ty-eight hundred fifty-nine of the public authorities law or any  statu-
    48  tory  subsidiary  thereof,  and a public benefit corporation or not-for-
    49  profit corporation formed by a city with a population of one million  or
    50  more  pursuant  to  subsection (a) of section seven thousand five of the
    51  insurance law, each of which is expressly exempt  from  the  payment  of
    52  fees,  taxes  or  assessments  whether  state  or  local, and other than
    53  combinable captive insurance company, shall, for the privilege of  exer-
    54  cising its corporate franchise, pay a tax on (1) all gross direct premi-
    55  ums,  less return premiums thereon, written on risks located or resident
    56  in this state and (2) all  assumed  reinsurance  premiums,  less  return

        S. 3008                            105                           A. 3008
 
     1  premiums  thereon,  written  on risks located or resident in this state.
     2  The rate of the tax imposed on gross  direct  premiums  shall  be  four-
     3  tenths  of  one  percent  on all or any part of the first twenty million
     4  dollars  of  premiums, three-tenths of one percent on all or any part of
     5  the second twenty million dollars of premiums, two-tenths of one percent
     6  on all or any part of the third twenty million dollars of premiums,  and
     7  seventy-five thousandths of one percent on each dollar of premiums ther-
     8  eafter. The rate of the tax on assumed reinsurance premiums shall be two
     9  hundred twenty-five thousandths of one percent on all or any part of the
    10  first  twenty  million  dollars of premiums, one hundred and fifty thou-
    11  sandths of one percent on all or any part of the second  twenty  million
    12  dollars of premiums, fifty thousandths of one percent on all or any part
    13  of  the  third  twenty million dollars of premiums and twenty-five thou-
    14  sandths of one percent on each dollar of premiums  thereafter.  The  tax
    15  imposed  by this section shall be equal to the greater of (i) the sum of
    16  the tax imposed on gross direct premiums and the tax imposed on  assumed
    17  reinsurance premiums or (ii) five thousand dollars.
    18    § 6. This act shall take effect immediately.
 
    19                                   PART OO
 
    20    Section  1. Section 321 of the agriculture and markets law, as amended
    21  by chapter 158 of the laws of 2018, is amended to read as follows:
    22    § 321. Statement of legislative findings  and  intent.  It  is  hereby
    23  found  and  declared  that  agricultural  lands  are irreplaceable state
    24  assets. In an effort to maintain the economic  viability,  and  environ-
    25  mental  and  landscape  preservation values associated with agriculture,
    26  the state must explore ways to sustain the state's valuable farm economy
    27  [and to protect] by protecting farm operations and the  associated  land
    28  base  [associated  with  it]  and  supporting  local  and  regional food
    29  systems. External pressures on farm stability such as population  growth
    30  [in  non-metropolitan areas], climate change, lack of access to afforda-
    31  ble farmland, and public infrastructure development pose  a  significant
    32  threat to farm operations, yet are the pressures over which farmers have
    33  the  least control. Local initiatives in agricultural protection policy,
    34  facilitated by the agricultural districts program established in article
    35  twenty-five-AA of this chapter, have proved effective as a basic step in
    36  addressing these pressures. In an effort to encourage  further  develop-
    37  ment  of agricultural and farmland protection programs, and to recognize
    38  both the crucial role that local government plays  in  developing  these
    39  strategies,  plus  the state constitutional directive to the legislature
    40  to provide for the protection of agricultural  lands,  it  is  therefore
    41  declared  the policy of the state to promote local initiatives for agri-
    42  cultural and farmland protection.
    43    § 2. Subdivision 1 of section 322 of the agriculture and markets  law,
    44  as  amended  by  chapter  158 of the laws of 2018, is amended to read as
    45  follows:
    46    1. "Agricultural and farmland  protection"  means  [the  preservation]
    47  local  government  initiatives  to:   preserve, [conservation] conserve,
    48  [management] manage or [improvement of] improve lands which are part  of
    49  viable  farming operations, for the purpose of encouraging such lands to
    50  remain in agricultural production[. Such preservation  efforts  include]
    51  including  the  use  of  farmland protection conservation easements [and
    52  purchase of development rights.]; and activities which support local and
    53  regional food systems.

        S. 3008                            106                           A. 3008
 
     1    § 3. Subdivisions 6 and 7  of  section  322  of  the  agriculture  and
     2  markets law, as added by chapter 158 of the laws of 2018, are amended to
     3  read as follows:
     4    6.  "Farmer-purchaser  farmland protection agreement" means preemptive
     5  purchase rights or other provisions that are part  of  or  linked  to  a
     6  farmland  protection conservation easement providing the easement holder
     7  the preferential right to purchase protected farmland  at  its  agricul-
     8  tural use value in the event the landowner intends to sell such farmland
     9  to  a purchaser who does not intend to maintain the land in [commercial]
    10  agricultural production and who does  not  have  the  requisite  farming
    11  experience  and farming income to demonstrate, in a manner acceptable to
    12  the department, a good faith plan to maintain the land  in  [commercial]
    13  agricultural  production.  The  purpose  of such provisions is to ensure
    14  that farmer-purchasers who would maintain protected farmland in [commer-
    15  cial] agricultural production can afford such farmland that might other-
    16  wise be sold at a higher price to other purchasers.
    17    7. "Agricultural use value" means the fair market value of a  property
    18  that  is  restricted by an easement to its productive [commercial] agri-
    19  cultural use value rather than the highest  and/or  best  potential  use
    20  value for residential or other non-agricultural purposes.
    21    §  4.  Section  322  of  the agriculture and markets law is amended by
    22  adding three new subdivisions 8, 9 and 10 to read as follows:
    23    8. "Local and regional food systems"  means  a  collaborative  network
    24  that  integrates  sustainable  production, processing, distribution, and
    25  consumption of human food, and the associated management of wastes orig-
    26  inating from within this network, in order to enhance the environmental,
    27  economic, and social health of a particular area.
    28    9. "Local food supply chain" means all processes involved in the local
    29  movement of human foods from the farm to the consumer, including market-
    30  ing, markets, distribution, aggregation, processing, packaging, purchas-
    31  ing, preparation, resource recovery, and waste disposal.
    32    10. "Urban agriculture" means  the  production,  processing,  distrib-
    33  ution,  and  marketing  of  food  within urban, suburban, and peri-urban
    34  (i.e., on the perimeter of urban areas) areas for  commercial,  non-com-
    35  mercial, educational, or not-for-profit purposes.
    36    § 5. Section 324 of the agriculture and markets law, as added by chap-
    37  ter  797  of  the  laws  of  1992  and paragraph (c) of subdivision 1 as
    38  amended by chapter 248 of the laws  of  2015,  is  amended  to  read  as
    39  follows:
    40    § 324. County  agricultural  and  farmland protection plans. 1. County
    41  agricultural and farmland protection boards may develop plans, in  coop-
    42  eration  with  the  local  soil and water conservation district and soil
    43  conservation service, which shall include, but not be limited to:
    44    (a) the location of any land or areas proposed to be protected;
    45    (b) an analysis of the following  factors  concerning  any  areas  and
    46  lands proposed to be protected:
    47    (i) value to the agricultural economy of the county;
    48    (ii) open space value;
    49    (iii) consequences of possible conversion; [and]
    50    (iv) level of conversion pressure on the lands or areas proposed to be
    51  protected; and
    52    (v)  the  degree  to which the lands or areas proposed to be protected
    53  serve as a buffer for a significant public resource; and
    54    (c) a description of the activities, programs and strategies,  includ-
    55  ing efforts to support the successful transfer of agricultural land from
    56  existing  owners  to new owners and operators, especially new and begin-

        S. 3008                            107                           A. 3008
 
     1  ning farmers, intended to be used by the  county  to  promote  continued
     2  agricultural  use,  and  to  sustain a resilient local food supply chain
     3  within local and regional food systems, which may  include  but  not  be
     4  limited  to  revisions  to  the  county's comprehensive plan pursuant to
     5  section two hundred thirty-nine-d or two hundred  thirty-nine-i  of  the
     6  general municipal law[.]; and
     7    (d) identification of potential funding sources for each of the activ-
     8  ities,  programs  and  strategies  identified  in  the plan, which shall
     9  include public and private sources.
    10    2. The county agricultural and farmland protection board shall conduct
    11  at least one public hearing for public input regarding such agricultural
    12  and farmland protection plan, and shall thereafter submit such  plan  to
    13  the county legislative body for its approval.
    14    3.  The  county  agricultural protection plan must be submitted by the
    15  county to the commissioner for approval.
    16    4. (a) Subject to the availability of funds, state assistance payments
    17  shall be made available for counties to conduct agricultural  and  farm-
    18  land protection planning activities. State assistance payments for plan-
    19  ning  shall  not  exceed  fifty  thousand  dollars to each county or one
    20  hundred thousand dollars to two  such  counties  applying  jointly,  and
    21  shall  not exceed fifty percent of the cost of preparing an agricultural
    22  and farmland protection plan.
    23    (b)  A  county  which  has  an  approved  agricultural  and   farmland
    24  protection plan may after sixty months from the date of such approval by
    25  the  commissioner  apply  for  additional  state assistance payments for
    26  planning activities related to the updating of  their  current  plan  or
    27  development  of  a  new  agricultural and farmland protection plan. Such
    28  additional state assistance payments shall  not  exceed  fifty  thousand
    29  dollars  to  each county whether applying individually or if two or more
    30  counties are applying jointly, and shall not exceed fifty percent of the
    31  cost of preparing an agricultural and farmland protection plan.
    32    (c) A county or two or more counties acting jointly  shall  apply  for
    33  state assistance payments for agricultural and farmland protection plan-
    34  ning activities in such manner as the commissioner may prescribe.
    35    §  6.  Section  324-a  of the agriculture and markets law, as added by
    36  chapter 527 of the laws of 2005 and paragraph (c) of  subdivision  1  as
    37  amended  by  chapter  248  of  the  laws  of 2015, is amended to read as
    38  follows:
    39    § 324-a. Municipal agricultural  and  farmland  protection  plans.  1.
    40  Municipalities  may  develop agricultural and farmland protection plans,
    41  in cooperation  with  cooperative  extension  and  other  organizations,
    42  including  local  farmers. These plans shall include, but not be limited
    43  to:
    44    (a) the location of any land or areas proposed to be protected;
    45    (b) an analysis of the following  factors  concerning  any  areas  and
    46  lands proposed to be protected:
    47    (i) value to the agricultural economy of the municipality;
    48    (ii) open space value;
    49    (iii) consequences of possible conversion; [and]
    50    (iv) level of conversion pressure on the lands or areas proposed to be
    51  protected; and
    52    (v)  the  degree  to which the lands or areas proposed to be protected
    53  serve as a buffer for a significant public resource; and
    54    (c) a description of activities, programs  and  strategies,  including
    55  efforts  to  support  the  successful transfer of agricultural land from
    56  existing owners to new owners and operators, especially new  and  begin-

        S. 3008                            108                           A. 3008
 
     1  ning farmers, intended to be used by the municipality to promote contin-
     2  ued agricultural use, and to sustain a resilient local food supply chain
     3  within  local  and  regional  food systems, which may include but not be
     4  limited  to  revisions to the municipality's comprehensive plan pursuant
     5  to section two hundred seventy-two-a of the town  law,  section  twenty-
     6  eight-a  of the general city law, or section 7-722 of the village law as
     7  appropriate[.]; and
     8    (d)   identification of potential funding  sources  for  each  of  the
     9  activities,  programs and strategies identified in the plan, which shall
    10  include public and private sources.
    11    2. The municipality shall conduct at  least  one  public  hearing  for
    12  public  input  regarding such agricultural and farmland protection plan,
    13  and shall thereafter submit such plan to the municipal legislative  body
    14  and  the  county  agricultural farmland protection board for approval if
    15  such board exists in the county where the municipality is located.
    16    3. The municipal agricultural and farmland  protection  plan  must  be
    17  submitted by the municipality to the commissioner for approval.
    18    4. (a) Subject to the availability of funds, state assistance payments
    19  shall  be  made available for municipalities to conduct agricultural and
    20  farmland protection planning activities. State assistance  payments  for
    21  planning  activities  shall  not  exceed  forty thousand dollars to each
    22  municipality other than a county whether applying individually or if two
    23  or more municipalities are applying jointly, and shall not exceed seven-
    24  ty-five percent of the cost of preparing an  agricultural  and  farmland
    25  protection  plan.  State  assistance  payments  for  planning activities
    26  conducted by the city of New York shall not exceed two hundred  thousand
    27  dollars,  and  shall  not  exceed  seventy-five  percent  of the cost of
    28  preparing an agricultural and farmland protection plan.
    29    (b) A municipality which has an  approved  agricultural  and  farmland
    30  protection plan may after sixty months from the date of such approval by
    31  the  commissioner  apply  for  additional  state assistance payments for
    32  planning activities related to the updating of  their  current  plan  or
    33  development  of  a  new  agricultural and farmland protection plan. Such
    34  additional state assistance payments shall  not  exceed  forty  thousand
    35  dollars  to each municipality other than a county whether applying indi-
    36  vidually or if two or more  municipalities  are  applying  jointly,  and
    37  shall  not exceed seventy-five percent of the cost of preparing an agri-
    38  cultural and farmland protection plan. State assistance payments to  the
    39  city  of  New York for planning activities to update an agricultural and
    40  farmland protection plan shall not exceed two hundred thousand  dollars,
    41  and  shall  not  exceed seventy-five percent of the cost of preparing an
    42  agricultural and farmland protection plan.
    43    (c) A municipality or two or more municipalities acting jointly  shall
    44  apply  for  state  assistance  payments  for  agricultural  and farmland
    45  protection planning activities in such manner as  the  commissioner  may
    46  prescribe.
    47    §  7.  Section  325  of the agriculture and markets law, as amended by
    48  chapter 413 of the laws of 1996, subdivision 1 as amended, paragraph (c)
    49  of subdivision 2 as added, and paragraphs (d) and (e) of  subdivision  2
    50  as  relettered  by  chapter  150  of  the laws of 2013, subdivision 2 as
    51  amended by chapter 93 of the laws of 2010, paragraphs  (b)  and  (d)  of
    52  subdivision  2  as amended by chapter 234 of the laws of 2010, paragraph
    53  (f) of subdivision 2 as added by chapter 355 of the laws  of  2014,  and
    54  paragraph  (g)  of  subdivision 2 as added by chapter 158 of the laws of
    55  2018, is amended to read as follows:

        S. 3008                            109                           A. 3008
 
     1    § 325. [Agricultural] State assistance payments for  agricultural  and
     2  farmland  protection projects.  1. Subject to the availability of funds,
     3  a program is hereby established  to  finance  through  state  assistance
     4  payments  the  state  share of the costs of locally-led agricultural and
     5  farmland  protection  [activities]  projects. [State assistance payments
     6  for planning activities shall not exceed fifty thousand dollars to  each
     7  county  agricultural  and farmland protection board or one hundred thou-
     8  sand dollars to two such boards applying jointly, and shall  not  exceed
     9  fifty  percent  of  the  cost  of preparing an agricultural and farmland
    10  protection plan. State assistance payments for planning activities shall
    11  not exceed twenty-five thousand dollars to each municipality other  than
    12  a  county  or fifty thousand dollars to two such municipalities applying
    13  jointly, and shall not  exceed  seventy-five  percent  of  the  cost  of
    14  preparing  an  agricultural and farmland protection plan. A county which
    15  has an approved farmland protection plan may after  one  hundred  twenty
    16  months  from  the  date  of  such approval by the commissioner apply for
    17  additional state assistance payments for planning activities related  to
    18  the  updating  of  their  current  plan or development of a new farmland
    19  protection plan. Such additional state  assistance  payments  shall  not
    20  exceed  fifty  thousand dollars to each county agricultural and farmland
    21  protection board or one hundred thousand  dollars  to  two  such  boards
    22  applying  jointly,  and  shall  not  exceed fifty percent of the cost of
    23  preparing an agricultural and farmland protection plan. State assistance
    24  payments  for  implementation  of  approved  agricultural  and  farmland
    25  protection  plans  may  fund  up  to seventy-five percent of the cost of
    26  implementing the county plan or portion of  the  plan  for  which  state
    27  assistance  payments  are  requested.  State assistance payments to such
    28  counties shall not exceed seventy-five percent of the cost of implement-
    29  ing the local plan or portion of the plan for which state assistance has
    30  been requested. Such maximum shall be increased by a percentage equal to
    31  the percentage of the total eligible costs for such  specified  projects
    32  that are contributed by the owner of the agricultural land for which the
    33  project  is  being funded, provided, however, that in no event shall the
    34  total of such state assistance payments exceed eighty-seven and one-half
    35  percent of such eligible costs for any specified project.]
    36    2. (a) [A county agricultural and farmland protection board, two  such
    37  boards  acting jointly, a municipality or two such municipalities acting
    38  jointly shall make application to the commissioner in such manner as the
    39  commissioner may prescribe. Application for  state  assistance  payments
    40  for  planning  activities may be made at any time after the county agri-
    41  cultural and farmland protection board has  formed  and  has  elected  a
    42  chairperson.]  A county [agricultural and farmland protection board] may
    43  make application for state assistance payments for  plan  implementation
    44  at  any  time  after the commissioner has approved a county agricultural
    45  and farmland protection plan pursuant to section three  hundred  twenty-
    46  four  of  this article. Application made jointly by two [county agricul-
    47  tural and farmland protection boards] or more counties may be made after
    48  such agricultural and farmland protection plan is approved by each coun-
    49  ty pursuant to the provisions of section three  hundred  twenty-four  of
    50  this  article.  State  assistance  payments  to  such counties shall not
    51  exceed seventy-five percent of the cost of implementing the county agri-
    52  cultural and farmland protection plan or portion of the plan  for  which
    53  state  assistance has been requested. Such maximum shall be increased by
    54  a percentage equal to the percentage of the  total  eligible  costs  for
    55  agricultural  and  farmland  protection projects that are contributed by
    56  the owner of the agricultural land for which the project is being  fund-

        S. 3008                            110                           A. 3008
 
     1  ed;  provided,  however,  that in no event shall the total of such state
     2  assistance payments exceed eighty-seven and  one-half  percent  of  such
     3  eligible costs for any agricultural and farmland protection project. The
     4  commissioner  may require such information or additional planning as [he
     5  or she deems] they deem necessary to evaluate such a request  for  state
     6  assistance.
     7    (b)  Within  a county, a municipality which has in place a local agri-
     8  cultural and farmland protection plan may apply and  shall  be  eligible
     9  for [agricultural protection] state assistance payments to implement its
    10  plan,  or  a  portion  of  its  plan,  provided  the proposed project is
    11  endorsed for funding by the agricultural and farmland  protection  board
    12  for  the county in which the municipality is located [and that any]. Any
    13  plan developed on or after January first, two  thousand  six  [complies]
    14  must  comply  with  section three hundred twenty-four-a of this article.
    15  State assistance payments to such municipalities shall not exceed seven-
    16  ty-five percent of the cost of implementing the local plan or portion of
    17  the plan for which state assistance has  been  requested.  Such  maximum
    18  shall  be increased by a percentage equal to the percentage of the total
    19  eligible costs for [such specified] agricultural and farmland protection
    20  projects that are contributed by the owner of the agricultural land  for
    21  which  the  project is being funded; provided, however, that in no event
    22  shall the total of such state assistance  payments  exceed  eighty-seven
    23  and one-half percent of such eligible costs for any [specified] agricul-
    24  tural and farmland protection project. The commissioner may require such
    25  information or additional planning as [he or she deems] they deem neces-
    26  sary to evaluate such a request for state assistance.
    27    (c)  A  soil  and  water  conservation district may apply and shall be
    28  eligible for agricultural protection state assistance payments to imple-
    29  ment a county or municipal agricultural  and  farmland  protection  plan
    30  approved  by  the  commissioner  provided  that  the proposed project is
    31  endorsed for funding by the county agricultural and farmland  protection
    32  board  for  the  county in which the proposed project is located. A soil
    33  and water conservation district, two such soil  and  water  conservation
    34  districts  acting  jointly, a soil and water conservation district and a
    35  municipality acting jointly, or a soil and water  conservation  district
    36  and a not-for-profit conservation organization acting jointly shall make
    37  application  to  the commissioner in such manner as the commissioner may
    38  prescribe. The proposed project must also be endorsed for funding by the
    39  municipality in which the proposed project is located if  the  soil  and
    40  water  conservation  district  is  seeking agricultural protection state
    41  assistance payments to implement an approved municipal agricultural  and
    42  farmland  protection  plan.  Any  soil  and  water conservation district
    43  proposing a project located within the city of New York  must  have  its
    44  project  endorsed  for  funding  by  the city council or by any board so
    45  delegated by its city council. State assistance payments  to  such  soil
    46  and  water  conservation districts shall not exceed seventy-five percent
    47  of the cost of implementing the local plan or portion of  the  plan  for
    48  which  state  assistance  has  been  requested.  Such  maximum  shall be
    49  increased by a percentage equal to the percentage of the total  eligible
    50  costs for [such specified] agricultural and farmland protection projects
    51  that are contributed by the owner of the agricultural land for which the
    52  project  is  being funded; provided, however, that in no event shall the
    53  total of such state assistance payments exceed eighty-seven and one-half
    54  percent of such eligible costs  for  any  [specified]  agricultural  and
    55  farmland  protection project. The commissioner may require such informa-

        S. 3008                            111                           A. 3008
 
     1  tion or additional planning as [he or she deems] they deem necessary  to
     2  evaluate such a request for state assistance.
     3    (d)  A not-for-profit conservation organization may apply and shall be
     4  eligible for agricultural protection state assistance payments to imple-
     5  ment a county or municipal agricultural  and  farmland  protection  plan
     6  approved  by  the  commissioner  provided  that  the proposed project is
     7  endorsed for funding by the [county agricultural and farmland protection
     8  board] legislative body for  the  [county]  municipality  in  which  the
     9  proposed project is located[. The proposed project must also be endorsed
    10  for  funding  by  the  municipality  in  which  the  proposed project is
    11  located] if the  not-for-profit  conservation  organization  is  seeking
    12  [agricultural   protection   state  assistance  payments  to  implement]
    13  payments for an agricultural and farmland protection project  consistent
    14  with  an  approved  municipal agricultural and farmland protection plan.
    15  Any not-for-profit conservation organization proposing a project located
    16  within the city of New York must have its project endorsed  for  funding
    17  by  the  city  council or by any board so delegated by its city council.
    18  State assistance payments to such not-for-profit organizations shall not
    19  exceed seventy-five percent of the cost of implementing the [local  plan
    20  or portion of the plan] agricultural and farmland protection project for
    21  which  state  assistance  has  been  requested.  Such  maximum  shall be
    22  increased by a percentage equal to the percentage of the total  eligible
    23  costs for [such specified] agricultural and farmland protection projects
    24  that are contributed by the owner of the agricultural land for which the
    25  project  is  being funded; provided, however, that in no event shall the
    26  total of such state assistance payments exceed eighty-seven and one-half
    27  percent of such eligible costs  for  any  [specified]  agricultural  and
    28  farmland  protection project. The commissioner may require such informa-
    29  tion or additional planning as [he or she deems] they deem necessary  to
    30  evaluate such a request for state assistance.
    31    (e)  In  evaluating  applications  for funding, the commissioner shall
    32  give priority to projects intended to preserve viable agricultural  land
    33  as  defined  in  section  three hundred one of this chapter; that are in
    34  areas facing significant development pressure; and that serve as a buff-
    35  er for  a  significant  natural  public  resource  containing  important
    36  ecosystem or habitat characteristics.
    37    (f)  In  evaluating  applications  for funding, the commissioner shall
    38  consider whether future physical climate risk due  to  sea  level  rise,
    39  and/or  storm surges and/or flooding, based on available data predicting
    40  the likelihood of future extreme weather events, including  hazard  risk
    41  analysis data if applicable, has been considered.
    42    (g)  In  evaluating  applications for funding, projects for protecting
    43  agricultural land  that  include  farmer-purchaser  farmland  protection
    44  agreements are eligible for state assistance payments.
    45    3.  Upon  receipt  of a request for state assistance, the commissioner
    46  shall review the request, consult with the advisory council on  agricul-
    47  ture and, within ninety days from the receipt of a complete application,
    48  shall  make  a  determination  as  to whether or not such projects shall
    49  receive state assistance.
    50    § 8. Subdivisions 2 and 6 of section  325-a  of  the  agriculture  and
    51  markets law, as added by chapter 268 of the laws of 2008, are amended to
    52  read as follows:
    53    2.  Awards of state assistance payments shall be made on a competitive
    54  basis through a request for proposal process which shall set  forth  the
    55  standards  for  the selection process, the required proposal format, the
    56  costs which are eligible for funding, reporting requirements,  and  such

        S. 3008                            112                           A. 3008
 
     1  other  provisions  as  the  commissioner  may  deem necessary, proper or
     2  desirable to achieve the purposes  of  this  section.  Applications  for
     3  state  assistance payments for activities to assist counties and munici-
     4  palities  outside  the city of New York must be endorsed by the agricul-
     5  tural and farmland protection board for the county or counties in  which
     6  the  funded  activities would be implemented. Any application associated
     7  with activities occurring within the city of New York must  be  endorsed
     8  for funding by the city council or by any board so delegated by its city
     9  council.
    10    6.  State  assistance  payments awarded pursuant to this section shall
    11  not exceed [fifty] seventy-five thousand dollars to any applicant in any
    12  fiscal year[, and shall not exceed five hundred thousand dollars to  all
    13  applicants in any fiscal year].
    14    §  9.  The  agriculture  and  markets law is amended by adding two new
    15  sections 325-b and 325-c to read as follows:
    16    § 325-b. State assistance payments to  counties.  1.  Subject  to  the
    17  availability  of  funds, a program is hereby established for the purpose
    18  of awarding state assistance payments to counties  to  implement  activ-
    19  ities of their approved agricultural and farmland protection plans other
    20  than  agricultural  and  farmland protection projects funded pursuant to
    21  section three hundred twenty-five  of  this  article.  State  assistance
    22  payments  to  such counties shall not exceed seventy-five percent of the
    23  cost of implementing the activities for which state assistance has  been
    24  requested.  The  commissioner may require such information deemed neces-
    25  sary to evaluate such a request for state  assistance.  Eligible  activ-
    26  ities shall include, but not be limited to:
    27    (a)  audit  a  municipality's  land  use  and subdivision regulations,
    28  zoning, or site plan requirements to assess potential hardship or unrea-
    29  sonable restrictions to agricultural land and farm operations;
    30    (b) audit a municipality's zoning to assess  opportunities  and  chal-
    31  lenges  to  recruiting and retaining agriculture support service provid-
    32  ers;
    33    (c) incorporate local and regional food system planning into  existing
    34  emergency  management and disaster plans of county and municipal govern-
    35  ments;
    36    (d) compile and disseminate planning guide or guides that help identi-
    37  fy existing and emerging constraints for urban agriculture and suggested
    38  strategies for municipalities to encourage and  sustain  urban  agricul-
    39  ture;
    40    (e)  compile  and  disseminate  planning guide or guides in support of
    41  agricultural economic development, such as opportunities to  incorporate
    42  agricultural tourism or other value-added enterprises to farm operations
    43  in a manner compatible with agricultural land use; and
    44    (f)  compile  and  disseminate  planning  guide(s)  that help identify
    45  emerging land use conflicts with agriculture  and  suggested  strategies
    46  for  municipalities  to  avoid  or mitigate potential harm to local farm
    47  operations.
    48    § 325-c. State  assistance  payments  for  agricultural  and  farmland
    49  protection capacity building initiatives. 1. Subject to the availability
    50  of  funds, state assistance payments may be awarded to counties, munici-
    51  palities, soil and  water  conservation  districts,  and  not-for-profit
    52  conservation  organizations  to  increase  staff  capacity to accelerate
    53  locally-led  agricultural  and  farmland  protection  projects.    State
    54  assistance payments may provide up to one hundred percent of the cost of
    55  each  awarded  staff  capacity  initiative. The commissioner may require
    56  such information as such commissioner deems necessary to evaluate such a

        S. 3008                            113                           A. 3008
 
     1  request for state assistance. Any county, municipality, soil  and  water
     2  conservation district, or not-for-profit conservation organization which
     3  has previously received state assistance from an award from this program
     4  may,  after one hundred twenty months from the date of the final payment
     5  associated with such prior award, apply for additional state  assistance
     6  payments for agricultural and farmland protection capacity building.
     7    2. Subject to the availability of funds, state assistance payments may
     8  be awarded to recently established not-for-profit conservation organiza-
     9  tions  to  specifically  carry out locally led agricultural and farmland
    10  protection projects. State assistance payments may  provide  up  to  one
    11  hundred  percent of qualified five-year start-up costs for such not-for-
    12  profit conservation organizations. The  commissioner  may  require  such
    13  information  as they deem necessary to evaluate such a request for state
    14  assistance.
    15    § 10. This act shall take effect immediately.
 
    16                                   PART PP
 
    17    Section 1. Subdivision 11 of  section  27-1901  of  the  environmental
    18  conservation  law, as added by section 3 of part V1 of chapter 62 of the
    19  laws of 2003, is amended to read as follows:
    20    11. "Tire service" means any person or business [in  New  York  state]
    21  who sells or installs new tires for use on any vehicle and any person or
    22  business who engages in the retail sale of new motor vehicles. [A person
    23  who  is  not  the end point of sale and any governmental agency or poli-
    24  tical subdivision are excluded from this  term]  The  United  States  of
    25  America  and  any  of  its  agencies and instrumentalities, and New York
    26  state and any of its agencies, instrumentalities,  public  corporations,
    27  or political subdivisions are excluded from this term.
    28    §  2.  Subdivision  1  and  the  opening paragraph of subdivision 2 of
    29  section 27-1905 of the environmental conservation  law,  as  amended  by
    30  section  1  of part MM of chapter 58 of the laws of 2022, are amended to
    31  read as follows:
    32    1. Until December thirty-first,  two  thousand  [twenty-five]  thirty,
    33  accept  from  a customer, waste tires of approximately the same size and
    34  in a quantity equal to the number of new tires purchased or installed by
    35  the customer; and
    36    Until December thirty-first, two thousand [twenty-five]  thirty,  post
    37  written notice in a prominent location, which must be at least eight and
    38  one-half  inches  by  fourteen  inches in size and contain the following
    39  language:
    40    § 3. Subdivisions 1, 2 and 3 of section 27-1913 of  the  environmental
    41  conservation  law,  subdivisions  1  and  2  as amended by section 2 and
    42  subdivision 3 as amended by section 3 of part MM of chapter  58  of  the
    43  laws of 2022, are amended to read as follows:
    44    1.  Until  December thirty-first, two thousand [twenty-five] thirty, a
    45  waste tire management and recycling fee of two dollars and  fifty  cents
    46  shall  be  charged  on  each new tire sold. The fee shall be paid by the
    47  purchaser to the tire service at the time the  new  tire  or  new  motor
    48  vehicle is purchased; provided, however, that the fee shall be paid by a
    49  purchaser  to  a  tire service upon installation of new tires unless the
    50  purchaser can demonstrate that  the  fee  was  previously  paid  to  the
    51  seller.
    52    The waste tire management and recycling fee does not apply to[:
    53    (a)] recapped [or resold] tires[;
    54    (b) mail-order sales; or

        S. 3008                            114                           A. 3008

     1    (c)  the  sale  of  new motor vehicle tires to a person solely for the
     2  purpose of resale provided the subsequent retail sale in this  state  is
     3  subject to such fee].
     4    2. Until December thirty-first, two thousand [twenty-five] thirty, the
     5  tire  service  shall collect the waste tire management and recycling fee
     6  from the purchaser at the time of the sale and shall remit such  fee  to
     7  the  department  of taxation and finance with the quarterly report filed
     8  pursuant to subdivision three of this section.
     9    (a) The fee imposed shall be stated as an invoice  item  separate  and
    10  distinct from the selling price of the tire.
    11    (b) The tire service shall be entitled to retain an allowance of twen-
    12  ty-five cents per tire from fees collected.
    13    3.  Each  tire service [maintaining a place of business in this state]
    14  that is a "person required to collect tax" as defined in section  eleven
    15  hundred  thirty-one of the tax law shall make a return to the department
    16  of taxation and finance on such form and including such  information  as
    17  the commissioner of taxation and finance may require. Such returns shall
    18  be due at the same time and for the same periods as the sales tax return
    19  of  such tire service, in accordance with section eleven hundred thirty-
    20  six of the tax law, and payment of all fees due for such  periods  shall
    21  be remitted with such returns.
    22    § 4. Paragraph (a) of subdivision 6 of section 27-1913 of the environ-
    23  mental  conservation  law, as amended by section 2 of part MM of chapter
    24  58 of the laws of 2022, is amended to read as follows:
    25    (a) Until December thirty-first, two  thousand  [twenty-five]  thirty,
    26  any  additional  waste  tire  management and recycling costs of the tire
    27  service in excess of the amount authorized to be  retained  pursuant  to
    28  paragraph  (b) of subdivision two of this section may be included in the
    29  published selling price of the new tire, or charged as a  separate  per-
    30  tire  charge  on  each  new  tire sold. When such costs are charged as a
    31  separate per-tire charge: (i) such charge shall be stated as an  invoice
    32  item  separate and distinct from the selling price of the tire; (ii) the
    33  invoice shall state that the charge is imposed at the sole discretion of
    34  the tire service; and (iii) the amount of such charge shall reflect  the
    35  actual  cost  to  the  tire  service for the management and recycling of
    36  waste tires accepted by the tire service pursuant to section 27-1905  of
    37  this  title, provided however, that in no event shall such charge exceed
    38  two dollars and fifty cents on each new tire sold.
    39    § 5. This act shall take effect September 1, 2025.
 
    40                                   PART QQ
 
    41    Section 1. Section 2 of part ZZ of chapter 55  of  the  laws  of  2021
    42  amending  the  environmental conservation law relating to establishing a
    43  deer hunting pilot program, as amended by section 2 of part RR of  chap-
    44  ter 58 of the laws of 2023, is amended to read as follows:
    45    §  2.  This act shall take effect June 1, 2021 and shall expire and be
    46  deemed repealed December 31, [2025] 2030.
    47    § 2. This act shall take effect immediately.

    48                                   PART RR
 
    49    Section 1. Section 27-1301 of the environmental  conservation  law  is
    50  amended  by  adding  four  new  subdivisions  8, 9, 10 and 11 to read as
    51  follows:

        S. 3008                            115                           A. 3008
 
     1    8. "Natural resource damages" means the  amount  of  money  sought  as
     2  compensation   for  injury  to,  destruction  of,  or  loss  of  natural
     3  resources, including the reasonable  costs  of  assessing  such  injury,
     4  destruction,  or  loss resulting from the disposal of hazardous waste at
     5  an  inactive hazardous waste disposal site, and including administrative
     6  and legal costs. Damages may also  include  the  value  of  the  natural
     7  resource  services  lost for the time period from the disposal until the
     8  attainment of  such  restoration,  rehabilitation,  replacement,  and/or
     9  acquisition of equivalent natural resources.
    10    9.  "Natural resources" means land, fish, wildlife, biota, air, water,
    11  and other such resources belonging to, managed by,  held  in  trust  by,
    12  appertaining to, or otherwise controlled by the state or a municipality.
    13    10. "Response costs" means the state's costs of developing, implement-
    14  ing, and/or overseeing an inactive hazardous waste disposal site remedi-
    15  al program.
    16    11.  "Responsible  person" or "person responsible" for the disposal of
    17  hazardous waste at a site means:
    18    (a) any person who currently owns or operates a site  or  any  portion
    19  thereof;
    20    (b)  any person who owned or operated a site or any portion thereof at
    21  the time of disposal of the hazardous waste;
    22    (c) any person who generated any hazardous waste disposed at a site;
    23    (d) any person who transported any hazardous waste to a site  selected
    24  by such person;
    25    (e) any person who disposed of any hazardous waste at a site;
    26    (f) any person who arranged for:
    27    (i) the transportation of any hazardous waste to a site; or
    28    (ii) the disposal of any hazardous waste at a site; and
    29    (g)  any  other  person who is responsible according to the applicable
    30  principles of statutory or common law liability pursuant to  subdivision
    31  four  of section 27-1313 of this title and/or the Comprehensive Environ-
    32  mental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §
    33  9601 et seq.
    34    § 2. Paragraph b of subdivision 2 of section 27-1305 of  the  environ-
    35  mental  conservation law, as amended by section 3 of part E of chapter 1
    36  of the laws of 2003, is amended to read as follows:
    37    b. The department shall, as part of the registry,  assess  and,  based
    38  upon  new  information  received, reassess by March thirty-first of each
    39  year, in cooperation with the department of health,  the  relative  need
    40  for  action  at  each  site  to remedy environmental and health problems
    41  resulting from the presence of hazardous wastes at such sites  including
    42  in  such assessment whether sites shall be prioritized under paragraph b
    43  of subdivision five of  section  27-1313  of  this  title  due  to  site
    44  location  in  areas  identified as a disadvantaged community pursuant to
    45  subdivision five of section 75-0101 of this chapter; provided,  however,
    46  that  if  at the time of such assessment or reassessment, the department
    47  has not placed a site in classification 1 or 2, as described in subpara-
    48  graphs one and two of this paragraph, and such site is  the  subject  of
    49  negotiations for, or implementation of, a brownfield site cleanup agree-
    50  ment  pursuant  to title fourteen of this article, obligating the person
    51  subject to such agreement to, at a minimum, eliminate  or  mitigate  all
    52  significant  threats  to  the public health and environment posed by the
    53  hazardous waste pursuant to such agreement, the department  shall  defer
    54  its  assessment or reassessment during the period such person is engaged
    55  in good faith negotiations to enter into such an agreement and,  follow-
    56  ing  its  execution,  is in compliance with the terms of such agreement,

        S. 3008                            116                           A. 3008
 
     1  and shall assess or reassess such site upon completion of remediation to
     2  the department's satisfaction. In making its assessments, the department
     3  shall place every site in one of the following classifications:
     4    (1)  Causing  or presenting an imminent danger of causing irreversible
     5  or irreparable damage to the  public  health  or  environment--immediate
     6  action required;
     7    (2)  Significant  threat  to  the public health or environment--action
     8  required;
     9    (3) Does not present a significant threat  to  the  public  health  or
    10  environment--action may be deferred;
    11    (4) Site properly closed--requires continued management;
    12    (5)  Site properly closed, no evidence of present or potential adverse
    13  impact--no further action required.   The  department  shall  prioritize
    14  remedial programs at sites placed in classification 1 or 2, as described
    15  in  subparagraphs  one  and  two  of this paragraph, that are located in
    16  disadvantaged communities as identified pursuant to subdivision five  of
    17  section  75-0101  of  this  chapter,  consistent  with the protection of
    18  public health and the environment.
    19    § 3. Paragraph b of subdivision 5 of section 27-1313 of  the  environ-
    20  mental  conservation law, as amended by chapter 857 of the laws of 1982,
    21  is amended to read as follows:
    22    b. In the event that the commissioner has found that hazardous  wastes
    23  at  a site constitute a significant threat to the environment, but after
    24  a reasonable attempt to determine  who  may  be  responsible  is  either
    25  unable  to  determine  who  may be responsible, or is unable to locate a
    26  person who may be responsible, the department may develop and  implement
    27  an  inactive  hazardous  waste  disposal  site remedial program for such
    28  site.   The  department  shall  prioritize  implementation  of  remedial
    29  programs  at  sites  located  in disadvantaged communities as identified
    30  pursuant to subdivision five of section 75-0101  of  this  chapter.  The
    31  commissioner  shall  make  every effort, in accordance with the require-
    32  ments for notice, hearing and review provided  for  in  this  title,  to
    33  secure  appropriate  relief  from  any person subsequently identified or
    34  located who is responsible for the disposal of hazardous waste  at  such
    35  site,  including,  but not limited to, development and implementation of
    36  an inactive hazardous waste disposal site remedial program,  payment  of
    37  the cost of such a program, recovery of any reasonable expenses incurred
    38  by the state, money damages and penalties.
    39    § 4. Section 27-1315 of the environmental conservation law, as amended
    40  by  section 7 of part E of chapter 1 of the laws of 2003 and subdivision
    41  1 as amended by section 50 of part D of chapter 60 of the laws of  2012,
    42  is amended to read as follows:
    43  § 27-1315. Rules and regulations.
    44    1. The commissioner shall have the power to promulgate rules and regu-
    45  lations  necessary  and  appropriate  to  carry out the purposes of this
    46  title. [Any regulations shall include  provisions  which  establish  the
    47  procedures for a hearing pursuant to subdivision four of section 27-1313
    48  of  this  title  and  shall  ensure  a division of functions between the
    49  commissioner, the staff who present the case, and any  hearing  officers
    50  appointed.  In  addition, any regulations shall set forth findings to be
    51  based on a factual record, which must be made  before  the  commissioner
    52  determines that a significant threat to the environment exists.]
    53    2.   Any regulations concerning a hearing pursuant to subdivision four
    54  of section 27-1313 of this title shall include provisions  which  estab-
    55  lish  the  procedures  for  such  hearing and shall ensure a division of
    56  functions between the commissioner, the staff who present the case,  and

        S. 3008                            117                           A. 3008
 
     1  any  hearing  officers appointed. In addition, any regulations shall set
     2  forth findings to be based on a factual  record,  which  shall  be  made
     3  before  the  commissioner  determines  that  a significant threat to the
     4  environment exists.
     5    3.  Such rules and regulations of the department as shall be in effect
     6  on the effective date of this subdivision that shall have  been  promul-
     7  gated  to  carry  out  the  purposes of this title shall be deemed to be
     8  revised, as of the effective date of this subdivision,  to  include  the
     9  definition of "hazardous waste" as it appears in section 27-1301 of this
    10  title.
    11    §  5.  Subdivision 2 of section 27-1323 of the environmental conserva-
    12  tion law, as added by section 9 of part E of chapter 1 of  the  laws  of
    13  2003, is amended to read as follows:
    14    2.  Municipal exemption. (a) For the purposes of this title no munici-
    15  pality or public corporation shall incur any liability [from any  statu-
    16  tory  claims of the state as an owner or operator of a site, or a person
    17  responsible for the disposal of a hazardous waste at such site, if  such
    18  public  corporation  acquired  such  site involuntarily, and such public
    19  corporation retained such site without participating in the  development
    20  of such site] as a responsible person.
    21    (b)  This  exemption  shall  not  apply  to any municipality or public
    22  corporation that [has caused or contributed to the release or threatened
    23  release of a hazardous waste from or onto the site,  or  to  any  public
    24  corporation  that  generated, transported, or disposed of, arranged for,
    25  or that caused the generation, transportation, or disposal of  hazardous
    26  waste,  from or onto the site] through action or inaction, intentionally
    27  or recklessly caused or contributed to  contamination,  outside  of  its
    28  performance  of governmental functions, which threatens public health or
    29  the environment, at real property it owns or operates.
    30    (c) When used in this section:
    31    (1) "Public corporation" means a  public  corporation  as  defined  in
    32  section  sixty-five  of  the  general  construction  law, a local public
    33  authority, supervisory district, improvement district within  a  county,
    34  city,  town,  or  village,  or  Indian nation or tribe recognized by the
    35  state or the United States with a reservation wholly  or  partly  within
    36  the boundaries of New York state, or any combination thereof.
    37    (2)  "Involuntary acquisition of ownership or control" includes but is
    38  not limited to the following:
    39    (i) Acquisitions by a public corporation in  its  sovereign  capacity,
    40  including  but  not  limited  to  acquisitions  pursuant  to abandonment
    41  proceedings or bequest;
    42    (ii) Acquisitions by a public corporation, or its agent, acting  as  a
    43  conservator or receiver pursuant to a clear and direct statutory mandate
    44  or regulatory authority;
    45    (iii)  Acquisitions of assets through foreclosure and its equivalents,
    46  or otherwise, by a public corporation in the course of  administering  a
    47  loan,  loan  guarantee,  tax lien, or tax forbearance agreement, or loan
    48  insurance program; or
    49    (iv) Acquisitions by a public corporation pursuant to seizure, injunc-
    50  tion, condemnation, or forfeiture authority; provided that  such  owner-
    51  ship or control is not retained primarily for investment purposes.
    52    (d)  For  the  purpose  of  this  section, the terms "foreclosure" and
    53  "foreclose" mean, respectively, acquiring or  to  acquire  a  brownfield
    54  site through:
    55    (1)  purchase  at  sale  under a judgment or decree, power of sale, or
    56  non-judicial foreclosure sale;

        S. 3008                            118                           A. 3008
 
     1    (2) a deed in lieu of foreclosure, or similar conveyance, or  abandon-
     2  ment from a person or trustee;
     3    (3)  conveyance  pursuant to an extension of credit or tax forbearance
     4  previously contracted; or
     5    (4) any other formal or informal manner by which  a  person  acquires,
     6  for subsequent disposition, title to or possession of a site in order to
     7  protect the security interest of the public corporation or lender.
     8    (e) ["Participating in development" means the carrying out, or causing
     9  or  permitting  the carrying out, of any above-grade improvements to the
    10  site or any other environmental investigation or remediation, except for
    11  those improvements which are part of a site remedial program pursuant to
    12  this article or in furtherance of site safety, such as fencing or light-
    13  ing, but does not include licensing, regulatory oversight, or  the  mere
    14  capacity  to  regulate or influence, or the unexercised right to control
    15  the operation of the property. For purposes of this section, participat-
    16  ing in development does not include:
    17    (1) having the capacity to influence management of a site;
    18    (2) having the unexercised right to control or to regulate the site or
    19  operations thereof;
    20    (3) holding, abandoning, or releasing a security interest or tax  lien
    21  on such site;
    22    (4)  including  a  condition relating to environmental compliance in a
    23  contract, permit, license, or security agreement;
    24    (5) monitoring or enforcing the terms and conditions of  an  agreement
    25  or tax forbearance agreement;
    26    (6)  monitoring  or  undertaking  one  or  more  inspections of a site
    27  including, but not limited to, boring test wells;
    28    (7) exercising other remedies available under applicable laws;
    29    (8) licensing, permitting, or granting permits, certificates of  occu-
    30  pancy and variances as allowed by law and/or regulation;
    31    (9)  applying  for  or  participating  in  federal  or state statutory
    32  programs or benefits; or
    33    (10) declining to take any of the actions described  in  subparagraphs
    34  one through nine of this paragraph.
    35    (f)]  Any public corporation that has taken possession of a site shall
    36  notify the department of any release of hazardous waste within ten  days
    37  of  obtaining  actual knowledge of such release, unless a shorter notice
    38  period is required under any other provision of law, in which  case  the
    39  shorter  notice period controls. Failure to notify the department within
    40  the ten day or shorter notification period shall result in the  loss  of
    41  the exemption set forth in this section.
    42    §  6.  The  environmental  conservation law is amended by adding a new
    43  section 27-1325 to read as follows:
    44  § 27-1325. Financial responsibility provisions.
    45    1. The  department  may  promulgate  regulations  regarding  financial
    46  responsibility  for  the  implementation  of an inactive hazardous waste
    47  disposal site remedial program.
    48    2. Financial  responsibility  required  by  subdivision  one  of  this
    49  section may be established in accordance with regulations promulgated by
    50  the  commissioner  by  any  one,  or  any combination, of the following:
    51  insurance, guarantee, surety bond, letter of credit, or qualification as
    52  a self-insurer. In promulgating requirements  under  this  section,  the
    53  commissioner is authorized to specify policy or other contractual terms,
    54  conditions,  or  defenses  which  are  necessary  or are unacceptable in
    55  establishing such evidence  of  financial  responsibility  in  order  to
    56  effectuate the purposes of this article.

        S. 3008                            119                           A. 3008
 
     1    3.  In any case where the responsible party is in bankruptcy, reorgan-
     2  ization, or arrangement pursuant  to  the  Federal  Bankruptcy  Code  or
     3  where,  with  reasonable diligence, jurisdiction in any state or federal
     4  court within the state cannot be obtained over a responsible party like-
     5  ly to be solvent at the time of judgment, any claim arising from conduct
     6  for  which  evidence of financial responsibility shall be provided under
     7  this section may be asserted directly against  the  guarantor  providing
     8  such  evidence  of  financial  responsibility. In the case of any action
     9  pursuant to this subdivision, such guarantor shall be entitled to invoke
    10  all rights and defenses which would have been available to the responsi-
    11  ble party if any action had been brought against the  responsible  party
    12  by  the claimant and which would have been available to the guarantor if
    13  an action had been brought against  the  guarantor  by  the  responsible
    14  party.
    15    4. The total liability of any guarantor shall be limited to the aggre-
    16  gate  amount  which  the guarantor has provided as evidence of financial
    17  responsibility to the responsible party under this chapter.  Nothing  in
    18  this  subdivision shall be construed to limit any other state or federal
    19  statutory, contractual or common law liability of  a  guarantor  to  its
    20  responsible  party  including, but not limited to, the liability of such
    21  guarantor for bad faith either in negotiating or in failing to negotiate
    22  the settlement of any  claim.  Nothing  in  this  subdivision  shall  be
    23  construed  to diminish the liability of any person under section 27-1313
    24  of this article or other applicable law.
    25    5. For the purpose of this section, the  term  "guarantor"  means  any
    26  person,  other  than  the  responsible  party,  who provides evidence of
    27  financial responsibility for a responsible party under this section.
    28    § 7. The environmental conservation law is amended  by  adding  a  new
    29  section 27-1327 to read as follows:
    30  § 27-1327. Recovery of response costs and natural resource damages.
    31    1. Each responsible person as defined in section 27-1313 of this title
    32  shall  be strictly liable, jointly and severally, for all response costs
    33  and for all natural resource damages  resulting  from  the  disposal  of
    34  hazardous  waste  at  an  inactive  hazardous  waste  disposal site. The
    35  commissioner may commence an action in a court of competent jurisdiction
    36  to recover the response  costs  and/or  natural  resource  damages.  The
    37  commissioner  shall  prioritize securing relief or other action at sites
    38  placed in classification 1 or 2, as described in subparagraphs  one  and
    39  two  of paragraph b of subdivision two of section 27-1305 of this title,
    40  that are located in disadvantaged communities as identified pursuant  to
    41  subdivision five of section 75-0101 of this chapter.
    42    2.  A  determination or assessment of natural resource damages for the
    43  purposes of this section made or adopted by the commissioner in  accord-
    44  ance  with  any applicable regulations promulgated under section 27-1315
    45  of this title or under section 9651(c) of title 42 of the United  States
    46  Code  shall  have  the  force  and effect of a rebuttable presumption on
    47  behalf of the commissioner in any judicial proceeding.
    48    3. In an action to recover  response  costs  and/or  natural  resource
    49  damages,  the  commissioner  may also seek civil penalties under section
    50  71-2705 of this chapter.
    51    4. All amounts received to  satisfy  liability  for  natural  resource
    52  damages  shall  be credited to the department's natural resource damages
    53  fund to be used exclusively to  pay  or  reimburse  costs  of  assessing
    54  natural resource damages and restore, replace, and/or acquire the equiv-
    55  alent of the affected natural resources. The measure of compensation for
    56  injury to, destruction of, or loss of natural resources is the cost of:

        S. 3008                            120                           A. 3008
 
     1    (a)  restoration or rehabilitation of the injured natural resources to
     2  a condition where they can provide the level of services  available  had
     3  the disposal of hazardous waste not occurred; or
     4    (b)   the    replacement  and/or  acquisition  of  equivalent  natural
     5  resources capable of providing such services.
     6    5. The state shall have a lien for all response costs incurred by  the
     7  state and for all natural resource damages for which a judicial determi-
     8  nation of liability has been made upon such real property located within
     9  the state:
    10    (a)  owned  by  a  person  liable to the state for such response costs
    11  and/or natural resource damages under this title at the time a notice of
    12  environmental lien is filed; and
    13    (b) upon which the disposal of hazardous wastes occurred.
    14    6. An environmental lien shall attach when:
    15    (a) response costs are incurred by the state and/or a  judicial  judg-
    16  ment of liability for natural resource damages is entered;
    17    (b)  the responsible person fails to pay such costs within ninety days
    18  after a written demand therefor by the state is mailed by  certified  or
    19  registered  mail,  return  receipt  requested,  and/or fails to pay such
    20  natural resource damages within ninety days after entry of judgment; and
    21    (c) a notice of environmental lien  is  filed  by  the  department  as
    22  provided  in paragraph (a) of subdivision ten of this section; provided,
    23  however, that a copy of the notice of environmental lien is served  upon
    24  the  owner of the real property subject to the environmental lien within
    25  thirty days of such filing in accordance with the provisions of  section
    26  eleven of the lien law.
    27    7.  (a) An environmental lien shall continue against the real property
    28  until:
    29    (i) the claim or judgment against the person referred to  in  subdivi-
    30  sion  one  of  this  section  for response costs and/or natural resource
    31  damages is satisfied or becomes unenforceable;
    32    (ii) the lien is released by the commissioner pursuant to this  subdi-
    33  vision;
    34    (iii) the lien is discharged by payment of monies into court; or
    35    (iv) the lien is otherwise vacated by court order.
    36    (b)  Upon  the occurrence of any event under subparagraphs (i) through
    37  (iv) of paragraph (a) of this subdivision,  except  where  the  lien  is
    38  vacated by court order, the commissioner shall execute the release of an
    39  environmental  lien and file the release as provided in subdivision nine
    40  of this section. The commissioner  may  release  an  environmental  lien
    41  where:
    42    (i)  a  legally enforceable agreement satisfactory to the commissioner
    43  has been executed relating to the response costs and/or natural resource
    44  damages that are the subject of the lien or reimbursing  the  state  for
    45  such  response  costs  and/or  natural  resource damages; or an owner or
    46  operator of the site subject to the  lien  agrees  to  perform  remedial
    47  work,  site management, or other in-kind services of sufficient value to
    48  the commissioner; or
    49    (ii) the attachment or enforcement of the environmental lien is deter-
    50  mined by the commissioner not to be in the public interest.
    51    8. An environmental lien is subject to the rights of any other person,
    52  including an owner, purchaser, holder of a mortgage or  security  inter-
    53  est,  or  judgment  lien  creditor, whose interest is perfected before a
    54  lien notice has been filed  as  provided  in  subdivision  ten  of  this
    55  section.
    56    9. A notice of environmental lien shall state:

        S. 3008                            121                           A. 3008
 
     1    (a) that the lienor is the state of New York;
     2    (b)  the  name  of  the record owner of the real property on which the
     3  environmental lien has attached;
     4    (c) the real property subject to the lien, with a description  thereof
     5  sufficient for identification;
     6    (d)  that  the  real  property described in the notice is the property
     7  upon which a disposal of hazardous wastes  occurred  and  that  response
     8  costs  have  been  incurred  by  the lienor and/or that natural resource
     9  damages have been judicially determined to be due to  the  lienor  as  a
    10  result of such disposal;
    11    (e)  that  the  owner  is potentially liable for response costs and/or
    12  subject to a judgment for natural  resource  damages  pursuant  to  this
    13  title; and
    14    (f)  that  an  environmental  lien  has attached to the described real
    15  property.
    16    10. (a) A notice of environmental lien shall be filed in  the  clerk's
    17  office of the county where the property is situated. If such property is
    18  situated in two or more counties, the notice of environmental lien shall
    19  be filed in the office of the clerk of each of such counties. The notice
    20  of  lien  shall  be  indexed  by the county clerk in accordance with the
    21  provisions of section ten of the lien law. The notice of lien  shall  be
    22  served  upon  the  owner  of  the  real  property subject to the lien in
    23  accordance with the provisions of section eleven of the lien law.
    24    (b) A release of an environmental lien shall be filed in  the  clerk's
    25  office  of  each county where the notice of environmental lien was filed
    26  and shall be indexed in the manner prescribed for indexing environmental
    27  liens.
    28    11. An environmental lien may be enforced against the property  speci-
    29  fied  in the notice of environmental lien, and an environmental lien may
    30  be vacated or discharged, as prescribed in article  three  of  the  lien
    31  law; provided, however, that nothing in this article or in article three
    32  of  the  lien law shall affect the right of the state to bring an action
    33  to recover response costs and/or natural resource damages under  section
    34  one  hundred  seven of the federal comprehensive environmental recovery,
    35  compensation and liability act (42 U.S.C. § 9601 et seq).
    36    12. Amounts received by the administrator to satisfy all or part of an
    37  environmental lien for response costs shall be deposited in the  depart-
    38  ment's  hazardous  waste  remedial fund, and amounts received to satisfy
    39  all or part of an environmental lien for natural resource damages  shall
    40  be deposited in the department's natural resource damages fund.
    41    13.  (a)  An owner or operator of an inactive hazardous waste disposal
    42  site whose liability under this title and/or 42 U.S.C. §  9607  et  seq.
    43  arises  solely  from  being considered an owner or operator of such site
    44  shall not be liable as long as it can demonstrate that one  or  more  of
    45  the affirmative defenses in paragraph (a) of subdivision four of section
    46  27-1323 of this title applies, and the owner or operator does not impede
    47  the performance of a response action or natural resource restoration.
    48    (b) If there are unrecovered response costs incurred by the department
    49  at an inactive hazardous waste disposal site for which an owner or oper-
    50  ator of the site is not liable by reason of paragraph (a) of this subdi-
    51  vision, and if each of the conditions described in paragraph (c) of this
    52  subdivision is met, the department shall have a lien on the facility, or
    53  may  by  agreement  with the owner or operator, obtain from the owner or
    54  operator a lien on any other property  or  other  assurance  of  payment
    55  satisfactory to the department, for the unrecovered response costs.

        S. 3008                            122                           A. 3008
 
     1    (c)  The  conditions  referred to in paragraph (b) of this subdivision
     2  are the following:
     3    (i)  A  response  action  for which there are unrecovered costs of the
     4  department is carried out at the inactive hazardous waste disposal site.
     5    (ii) The response action increases the fair market value of  the  site
     6  above the fair market value of the site that existed before the response
     7  action was initiated.
     8    (d) A lien under paragraph (b) of this subdivision:
     9    (i)  shall  be  in an amount not to exceed the increase in fair market
    10  value of the property attributable to the response action at the time of
    11  a sale or other disposition of the property;
    12    (ii) shall arise at the time at which costs are first incurred by  the
    13  department with respect to a response action at the site;
    14    (iii)  shall  be  subject  to  the requirements of subdivisions seven,
    15  eight, and nine of this section; and
    16    (iv) shall continue until the earlier of:
    17    (A) satisfaction of the lien by sale or other means; or
    18    (B) recovery of all response costs incurred at the site.
    19    § 8. The environmental conservation law is amended  by  adding  a  new
    20  section 27-1329 to read as follows:
    21  § 27-1329. Abatement actions.
    22    1.  Maintenance,  jurisdiction,  etc. When the commissioner determines
    23  that there may be an imminent danger to the health  or  welfare  of  the
    24  people  of  the  state or the environment, or results in or is likely to
    25  result in  irreversible  or  irreparable  damage  to  natural  resources
    26  because of an actual or threatened release of a hazardous substance from
    27  an  inactive hazardous waste disposal site, the commissioner may request
    28  the attorney general to secure such relief as may be necessary to  abate
    29  such  danger  or  threat and to grant such relief as the public interest
    30  and the equities of the case may require. The commissioner may also take
    31  other action under this section including, but not limited  to,  issuing
    32  such orders as may be necessary to protect public health and welfare and
    33  the environment.
    34    2. Fines; reimbursement. (a) Any person who, without sufficient cause,
    35  fails  or  refuses  to  comply with, any order of the commissioner under
    36  subdivision one of this section may, in an action brought in the  appro-
    37  priate  court  of competent jurisdiction to enforce such order, be fined
    38  not more than thirty-seven thousand five hundred dollars for each day in
    39  which such violation occurs or such failure to comply continues.
    40    (b) (i) Any person who receives and complies with  the  terms  of  any
    41  order  issued  under  subdivision  one of this section may, within sixty
    42  days after completion of the required action, petition the  commissioner
    43  for  reimbursement  from  the  hazardous waste remedial fund pursuant to
    44  section ninety-seven-b of the state finance law for the reasonable costs
    45  of such action, plus interest. Any interest payable under this  subpara-
    46  graph  shall accrue on the amounts expended from the date of expenditure
    47  at the same rate as specified for interest on investments of the hazard-
    48  ous substance superfund established under subchapter A of chapter 98  of
    49  title  26  of  the federal comprehensive environmental response, compen-
    50  sation, and liability act.
    51    (ii) If the commissioner refuses to grant all or part  of  a  petition
    52  made  under  this  paragraph,  the  petitioner may within thirty days of
    53  receipt of such refusal file an action against the  department  pursuant
    54  to article seventy-eight of the civil practice law and rules.
    55    (iii)  Except  as  provided in subparagraph (iv) of this paragraph, to
    56  obtain reimbursement, the petitioner shall establish by a  preponderance

        S. 3008                            123                           A. 3008
 
     1  of  the  evidence  that such petitioner is not liable for response costs
     2  under section 27-1313 of this title and that costs for which such  peti-
     3  tioner  seeks  reimbursement  are  reasonable  in  light  of  the action
     4  required by the relevant order.
     5    (iv)  A  petitioner  under subparagraph (i) of this paragraph may also
     6  recover its reasonable costs of response to the extent that  such  peti-
     7  tioner  can  demonstrate, on the administrative record, that the commis-
     8  sioner's decision in selecting the response action ordered was arbitrary
     9  and capricious or was otherwise not in accordance with  law.  Reimburse-
    10  ment  awarded  under  this  subparagraph  shall  include  all reasonable
    11  response costs incurred by the petitioner pursuant to  the  portions  of
    12  the  order  found  to  be  arbitrary  and capricious or otherwise not in
    13  accordance with law.
    14    (v) Reimbursement awarded by a court under subparagraph (iii) or  (iv)
    15  of  this  paragraph  may  include  appropriate  costs,  fees,  and other
    16  expenses in accordance with section eighty-six hundred one of the  civil
    17  practice law and rules.
    18    §  9.  Subdivisions  1 and 4 of section 97-b of the state finance law,
    19  subdivision 1 as amended by section 3 of part AA of chapter  58  of  the
    20  laws  of  2018 and subdivision 4 as amended by chapter 38 of the laws of
    21  1985, are amended to read as follows:
    22    1. There is hereby established in the custody of the state comptroller
    23  a nonlapsing revolving fund to be known as the "hazardous waste remedial
    24  fund", which shall consist of a  "site  investigation  and  construction
    25  account", an "industry fee transfer account", an "environmental restora-
    26  tion  project  account",  a  "hazardous  waste  cleanup  account", and a
    27  "hazardous waste remediation oversight and assistance account".
    28    4. [No] With respect to moneys in the hazardous waste cleanup account,
    29  no moneys shall be available from the fund pursuant to paragraph (a)  of
    30  subdivision  three  of  this section unless the commissioner of environ-
    31  mental conservation finds that all reasonable efforts to  secure  volun-
    32  tary  agreement  to  pay  the  costs  of necessary remedial actions from
    33  owners or operators of inactive hazardous waste sites or other responsi-
    34  ble persons have been made except where  the  commissioner  of  environ-
    35  mental  conservation has made findings pursuant to paragraph b of subdi-
    36  vision three of section 27-1313 of the  environmental  conservation  law
    37  [or  where]; the commissioner of health has declared a condition danger-
    38  ous to life or health and made findings pursuant  to  paragraph  (b)  of
    39  subdivision three of section one thousand three hundred eighty-nine-b of
    40  the public health law; the commissioner of health or the commissioner of
    41  environmental  conservation  has determined that immediate action in the
    42  form of a remedial investigation and/or an interim remedial  measure  is
    43  necessary  to abate a threat to the public health or the environment; or
    44  the site is owned by the state or the state is a responsible person.
    45    § 10. Paragraphs (a) and (j) of subdivision 3 of section 97-b  of  the
    46  state  finance  law,  paragraph (a) as amended by section 4 of part I of
    47  chapter 1 of the laws of 2003 and paragraph (j) as amended by section  5
    48  of part T of chapter 57 of the laws of 2017, are amended and a new para-
    49  graph (k) is added to read as follows:
    50    (a)  inactive hazardous waste disposal site remedial programs pursuant
    51  to section 27-1313 of the environmental  conservation  law  and  section
    52  thirteen hundred eighty-nine-b of the public health law, including sites
    53  that are owned by the state;
    54    (j)  with  respect  to moneys in the hazardous waste remediation over-
    55  sight and assistance account, technical assistance  grants  pursuant  to

        S. 3008                            124                           A. 3008
 
     1  titles  thirteen  and  fourteen  of article twenty-seven of the environ-
     2  mental conservation law; and
     3    (k)  with  respect  to moneys in the hazardous waste remediation over-
     4  sight and assistance account, oversight expenditures  for  ensuring  the
     5  continued  maintenance and operation of engineering controls pursuant to
     6  subdivision seven of section 27-1415 of the  environmental  conservation
     7  law.
     8    §  11.  Subdivision 3 of section 1285-q of the public authorities law,
     9  as amended by section 43 of part BB of chapter 56 of the laws  of  2015,
    10  is amended to read as follows:
    11    3.  The  maximum amount of bonds that may be issued for the purpose of
    12  financing hazardous waste site remediation  projects  and  environmental
    13  restoration  projects  authorized by this section shall not exceed [two]
    14  three billion [two] four hundred fifty million dollars  [and  shall  not
    15  exceed  one  hundred  million dollars for appropriations enacted for any
    16  state fiscal year], provided that the bonds not issued for  such  appro-
    17  priations may be issued pursuant to reappropriation in subsequent fiscal
    18  years.  No  bonds shall be issued for the repayment of any new appropri-
    19  ation enacted after March thirty-first, two thousand [twenty-six]  thir-
    20  ty-six  for hazardous waste site remediation projects authorized by this
    21  section. Amounts authorized to be issued by this section shall be exclu-
    22  sive of bonds issued to fund any debt service reserve funds,  pay  costs
    23  of issuance of such bonds, and bonds or notes issued to refund or other-
    24  wise repay bonds or notes previously issued. Such bonds and notes of the
    25  corporation shall not be a debt of the state, and the state shall not be
    26  liable  thereon,  nor  shall they be payable out of any funds other than
    27  those appropriated by this state to the corporation for debt service and
    28  related expenses pursuant to any service contracts executed pursuant  to
    29  subdivision  one of this section, and such bonds and notes shall contain
    30  on the face thereof a statement to such effect.
    31    § 12. This act shall take effect immediately.
 
    32                                   PART SS
 
    33    Section 1. Subdivision 1 of section 391-u of the general business law,
    34  as added by chapter 88 of the laws of 2020, is amended by adding  a  new
    35  paragraph (h) to read as follows:
    36    (h)  "Intentionally  added"  shall  have  the  same meaning as "inten-
    37  tionally added chemical" in subdivision four of section 37-0121  of  the
    38  environmental conservation law.
    39    §  2.  Paragraph  (b) of subdivision 4 of section 391-u of the general
    40  business law, as added by chapter 88 of the laws of 2020, is amended  to
    41  read as follows:
    42    (b)  A  manufacturer  that  produces,  sells, or distributes a class B
    43  firefighting foam prohibited under subdivision  three  of  this  section
    44  shall  recall  [the] such product, which [includes] at any time has been
    45  manufactured, sold, offered for sale, or distributed for  sale  or  use.
    46  Such recall shall include collection, transport, treatment, storage, and
    47  safe  [disposal,  after  the implementation date of the restrictions set
    48  forth in subdivision three of this section] destruction of  PFAS  chemi-
    49  cals  through or by a method approved by the department of environmental
    50  conservation and [reimburse] reimbursement of the retailer or any  other
    51  purchaser for the product.
    52    §  3.  Subdivision  5 of section 391-u of the general business law, as
    53  added by chapter 88 of the laws of 2020, is  amended  by  adding  a  new
    54  paragraph (c) to read as follows:

        S. 3008                            125                           A. 3008
 
     1    (c) Beginning January first, two thousand twenty-eight, a manufacturer
     2  or other person that sells firefighting personal protective equipment to
     3  a person, local government, or state agency shall not manufacture, know-
     4  ingly sell, offer for sale, distribute for sale or distribute for use in
     5  the  state  any  firefighting  personal  protective equipment containing
     6  intentionally added PFAS chemicals.
     7    § 4. This act shall take effect immediately.
 
     8                                   PART TT

     9    Section 1. This act enacts into law major  components  of  legislation
    10  necessary  for  related land acquisition for conservation purposes. Each
    11  component is wholly contained within a Subpart identified as Subparts  A
    12  through  B.  The  effective date for each particular provision contained
    13  within such Subpart is set forth in the last section  of  such  Subpart.
    14  Any  provision  in any section contained within a Subpart, including the
    15  effective date of the Subpart, which makes a reference to a section  "of
    16  this act", when used in connection with that particular component, shall
    17  be  deemed to mean and refer to the corresponding section of the Subpart
    18  in which it is found. Section three of this act sets forth  the  general
    19  effective date of this act.
 
    20                                  SUBPART A
 
    21    Section  1.  Subdivision  1  of  section  3-0305  of the environmental
    22  conservation law, as added by chapter  727  of  the  laws  of  1978,  is
    23  amended to read as follows:
    24    1.    The  commissioner when moneys therefor have been appropriated by
    25  the legislature or are otherwise available, may acquire any real proper-
    26  ty which [he] such commissioner deems necessary for any of the  purposes
    27  or  functions  of  the  department,  by  purchase  or as provided in the
    28  eminent domain procedure law.   Title to such  real  property  shall  be
    29  taken  in  the  name  of and be vested in the people of the state of New
    30  York.   No real property, except conservation  easements,  shall  be  so
    31  acquired  by purchase unless the title thereto is approved by the attor-
    32  ney general.  The terms "property" or "real property" as  used  in  this
    33  section  shall  mean  "real  property" as defined by section one hundred
    34  three of the eminent domain procedure law.
    35    § 2. This act shall take effect immediately.
 
    36                                  SUBPART B
 
    37    Section 1. Section 1405 of the tax law is  amended  by  adding  a  new
    38  subdivision (c) to read as follows:
    39    (c)  Conveyances  of  real property for open space, parks, or historic
    40  preservation purposes to any not-for-profit tax exempt corporation oper-
    41  ated for conservation, environmental,  parks  or  historic  preservation
    42  purposes shall be exempt from payment of additional taxes imposed pursu-
    43  ant to section fourteen hundred five-A of this article.
    44    § 2. This act shall take effect immediately.
    45    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    46  sion,  section,  subpart  or  part  of this act shall be adjudged by any
    47  court of competent jurisdiction to be invalid, such judgment  shall  not
    48  affect,  impair,  or  invalidate  the  remainder  thereof,  but shall be
    49  confined in its operation to the clause, sentence,  paragraph,  subdivi-
    50  sion,  section, subpart or part thereof directly involved in the contro-

        S. 3008                            126                           A. 3008
 
     1  versy in which such judgment shall have  been  rendered.  It  is  hereby
     2  declared  to  be  the intent of the legislature that this act would have
     3  been enacted even if such invalid provisions had not been included here-
     4  in.
     5    §  3.  This  act shall take effect immediately provided, however, that
     6  the applicable effective date of Subparts A through B of this act  shall
     7  be as specifically set forth in the last section of such Subpart.
 
     8                                   PART UU

     9    Section  1.  Subdivision  7  of  section  13-0331 of the environmental
    10  conservation law, as amended by chapter 243 of  the  laws  of  2022,  is
    11  amended to read as follows:
    12    7.  The  department  may,  until  December  thirty-first, two thousand
    13  [twenty-four] twenty-nine, fix by regulation measures for the management
    14  of crabs of any kind including horseshoe crabs (Limulus sp.),  including
    15  minimum  and  maximum size limits, catch and possession limits, open and
    16  closed seasons including lunar closures, closed areas,  restrictions  on
    17  the  manner of taking and landing including a prohibition on the harvest
    18  of crabs in amplexus, requirements for permits and eligibility therefor,
    19  recordkeeping requirements, requirements on the amount and type of fish-
    20  ing effort  and  gear,  and  requirements  relating  to  transportation,
    21  possession and sale, provided that such regulations are no less restric-
    22  tive  than  requirements  set forth in this chapter and provided further
    23  that such regulations are consistent with the compliance requirements of
    24  applicable fishery management  plans  adopted  by  the  Atlantic  States
    25  Marine  Fisheries  Commission  and with applicable provisions of fishery
    26  management plans adopted pursuant to the  Federal  Fishery  Conservation
    27  and Management Act (16 U.S.C. § 1800 et seq.).
    28    § 2. This act shall take effect immediately.
 
    29                                   PART VV
 
    30    Section  1.  Expenditures  of  moneys  by  the  New  York state energy
    31  research and development authority for  services  and  expenses  of  the
    32  energy   research,  development  and  demonstration  program,  including
    33  grants, the energy policy and planning program, and the Fuel NY  program
    34  shall be subject to the provisions of this section.  Notwithstanding the
    35  provisions of subdivision 4-a of section 18-a of the public service law,
    36  all  moneys committed or expended in an amount not to exceed $35,725,000
    37  shall be reimbursed by assessment against gas corporations,  as  defined
    38  in  subdivision  11  of section 2 of the public service law and electric
    39  corporations as defined in subdivision 13 of section  2  of  the  public
    40  service  law, where such gas corporations and electric corporations have
    41  gross revenues from intrastate utility operations in excess of  $500,000
    42  in  the  preceding calendar year, and the total amount assessed shall be
    43  allocated to each electric corporation and gas corporation in proportion
    44  to its intrastate electricity and gas  revenues  in  the  calendar  year
    45  2023.    Such  amounts  shall  be  excluded  from the general assessment
    46  provisions of subdivision 2 of section 18-a of the public  service  law.
    47  The  chair  of  the public service commission shall bill such gas and/or
    48  electric corporations for such amounts on or before August 10, 2025  and
    49  such  amounts  shall  be  paid to the New York state energy research and
    50  development authority on or before September 10, 2025.    Upon  receipt,
    51  the  New  York  state  energy  research  and development authority shall
    52  deposit such funds in the energy research and development operating fund

        S. 3008                            127                           A. 3008
 
     1  established pursuant to section 1859 of the public authorities law.  The
     2  New  York  state energy research and development authority is authorized
     3  and directed to: (1) transfer up to $4 million to the state general fund
     4  for  climate  change  related services and expenses of the department of
     5  environmental conservation from the funds received; and  (2)  commencing
     6  in  2016,  provide to the chair of the public service commission and the
     7  director of the budget and the chairs and secretaries of the legislative
     8  fiscal committees, on or before August first of each year,  an  itemized
     9  record,  certified  by  the president and chief executive officer of the
    10  authority, or such chief executive officer's designee, detailing any and
    11  all expenditures and commitments ascribable  to  moneys  received  as  a
    12  result  of  this  assessment  by  the  chair of the department of public
    13  service pursuant to section 18-a of the public service law.  This  item-
    14  ized  record  shall  include an itemized breakdown of the programs being
    15  funded by this section and the amount committed  to  each  program.  The
    16  authority  shall not commit for any expenditure, any moneys derived from
    17  the assessment provided for in this section, until  the  chair  of  such
    18  authority  shall  have  submitted,  and the director of the budget shall
    19  have approved, a comprehensive financial plan  encompassing  all  moneys
    20  available  to  and  all anticipated commitments and expenditures by such
    21  authority from any source for the operations of such authority.   Copies
    22  of  the  approved  comprehensive  financial  plan  shall  be immediately
    23  submitted by the chair to the chairs and secretaries of the  legislative
    24  fiscal  committees.  Any  such amount not committed by such authority to
    25  contracts or contracts to  be  awarded  or  otherwise  expended  by  the
    26  authority  during the fiscal year shall be refunded by such authority on
    27  a pro-rata basis to such gas and/or electric corporations, in  a  manner
    28  to  be  determined  by  the department of public service, and any refund
    29  amounts must be explicitly lined out in the  itemized  record  described
    30  above.
    31    §  2.  This  act  shall take effect immediately and shall be deemed to
    32  have been in full force and effect on and after April 1, 2025.
 
    33                                   PART WW
 
    34    Section 1. Section 103 of the abandoned property  law  is  amended  by
    35  adding a new subdivision (j) to read as follows:
    36    (j)  "Energy services company" or "ESCO" shall mean an entity eligible
    37  to sell energy services to end-use customers using the  transmission  or
    38  distribution system of a utility.
    39    §  2. Subdivision (f) of section 103 of the abandoned property law, as
    40  amended by chapter 498 of the laws of 1944 and relettered by chapter 908
    41  of the laws of 1974, is amended to read as follows:
    42    (f) "Utility services" means gas, electricity or steam supplied  by  a
    43  gas,  electric,  gas  and  electric  or district steam corporation or an
    44  energy services company, telephone, telegraph or other service furnished
    45  by a telephone, telegraph or telegraph and telephone corporation,  water
    46  supplied  by a waterworks corporation, or appliances, equipment, instal-
    47  lations, fixtures or appurtenances rented by  any  such  corporation  or
    48  company.
    49    §  3. Section 400 of the abandoned property law, the opening paragraph
    50  of subdivision 1 as amended by chapter 498 of the laws  of  1944,  para-
    51  graphs (a) and (b) of subdivision 1 as amended by chapter 78 of the laws
    52  of 1976, and paragraph (c) of subdivision 1 as amended by chapter 833 of
    53  the laws of 1963, is amended to read as follows:

        S. 3008                            128                           A. 3008
 
     1    §  400.  Unclaimed  deposits and refunds for utility services.  1. The
     2  following unclaimed moneys held or owing by a gas corporation, an  elec-
     3  tric  corporation,  a  gas  and  electric  corporation, a district steam
     4  corporation, an energy services  company,  a  telegraph  corporation,  a
     5  telephone  corporation,  a  telegraph  and  telephone  corporation, or a
     6  waterworks corporation, shall be deemed abandoned property:
     7    (a) Any deposit made by a consumer or subscriber with  such  a  corpo-
     8  ration  or  company to secure the payment for utility services furnished
     9  by such corporation or company, or the  amount  of  such  deposit  after
    10  deducting  any  sums due to such corporation or company by such consumer
    11  or subscriber, together with any interest due thereon, which shall  have
    12  remained  unclaimed  by  the  person or persons appearing to be entitled
    13  thereto for two years after the termination of the utility  services  to
    14  secure  the  payment  of which such deposit was made, or, if during such
    15  two year period utility services are furnished by  such  corporation  or
    16  company  to such consumer or subscriber and such deposit is held by such
    17  corporation or company to secure payment therefor, for two  years  after
    18  the termination of such utility services.
    19    (b)  Any amount paid by a consumer or subscriber to such a corporation
    20  or company in advance or in anticipation of utility  services  furnished
    21  or  to  be furnished by such corporation or company which in fact is not
    22  furnished, after deducting any sums due to such corporation  or  company
    23  by  such  consumer or subscriber for utility services in fact furnished,
    24  which shall have remained unclaimed by the person or  persons  appearing
    25  to be entitled thereto for two years after the termination of the utili-
    26  ty  services  for  which  such  amount  was paid in advance or in antic-
    27  ipation, or, if during such period utility  services  are  furnished  by
    28  such  corporation  or  company  to  such consumer or subscriber and such
    29  amount is applied to the payment in advance or in anticipation  of  such
    30  utility  services,  for  two years after the termination of such utility
    31  services.
    32    (c) The amount of any refund of excess or increased rates  or  charges
    33  heretofore or hereafter collected by any such corporation or company for
    34  utility services lawfully furnished by such corporation or company which
    35  has  been  or shall hereafter lawfully be ordered refunded to a consumer
    36  or other person or persons entitled thereto, together with any  interest
    37  due  thereon,  less  any  lawful  deductions,  which shall have remained
    38  unclaimed by the person or persons entitled thereto for two  years  from
    39  the date it became payable in accordance with the final determination or
    40  order providing for such refund.
    41    2.  Any such abandoned property held or owing by such a corporation or
    42  company to which the right to receive the same  is  established  to  the
    43  satisfaction  of  such  corporation  or company shall cease to be deemed
    44  abandoned.
    45    § 4. Subdivision 1 of section 402 of the abandoned  property  law,  as
    46  amended  by  section  11 of part A of chapter 61 of the laws of 2011, is
    47  amended to read as follows:
    48    1. Every such corporation or company shall cause to be  published,  on
    49  or  before  the  first day of September in each year, a notice entitled:
    50  "NOTICE OF CERTAIN UNCLAIMED PROPERTY HELD BY (name  of  corporation  or
    51  company)."
    52    §  5.  Paragraph  (a) of subdivision 3 of section 402 of the abandoned
    53  property law is amended to read as follows:
    54    (a) that a report of unclaimed amounts of money or other property held
    55  or owing by it has been made to the state comptroller and that a list of
    56  the names of the person or persons appearing from the  records  of  such

        S. 3008                            129                           A. 3008

     1  corporation  or  company  to  be entitled thereto is on file and open to
     2  public inspection at its principal office or place of  business  in  any
     3  city, village or county where any such abandoned property is payable;
     4    §  6.  Subdivision  4  of section 402 of the abandoned property law is
     5  amended to read as follows:
     6    4. Such corporation or company shall file with the  state  comptroller
     7  on  or before the tenth day of September in each year proof by affidavit
     8  of such publication.
     9    § 7. Section 403 of the abandoned property law, as amended by  section
    10  12  of  part  A of chapter 61 of the laws of 2011, is amended to read as
    11  follows:
    12    § 403. Payment of abandoned property. 1. In such succeeding  month  of
    13  October,  and on or before the tenth day thereof, every such corporation
    14  or company shall pay to the state comptroller all property which, as  of
    15  the  first  day of July next preceding, was deemed abandoned pursuant to
    16  section four hundred of this article, held or owing by such  corporation
    17  or company.
    18    2.  Such  payment  shall  be accompanied by a true and accurate report
    19  setting forth such information as  the  state  comptroller  may  require
    20  relating to such abandoned property including:
    21    (a)  as  to  abandoned property specified in paragraphs (a) and (b) of
    22  subdivision one of section four hundred of this article:
    23    (i) the name and last known address of each  depositor  or  subscriber
    24  appearing from the records of such corporation or company to be entitled
    25  to receive any such abandoned property;
    26    (ii) the date when the deposit was made or amount paid;
    27    (iii) the amount of such deposit or payment;
    28    (iv)  the  date  when  utility  services furnished to such consumer or
    29  subscriber ceased;
    30    (v) any sums due and unpaid to the  corporation  or  company  by  such
    31  consumer  or  subscriber,  with interest thereon from the date of termi-
    32  nation of service;
    33    (vi) the amount of interest due upon such deposit or  payment  on  any
    34  balance  thereof  that has remained with such corporation or company and
    35  not been credited to such consumer's or subscriber's account;
    36    (vii) the amount of such abandoned property; and
    37    (viii) such other identifying information as the state comptroller may
    38  require.
    39    (b) as to abandoned property specified in paragraph (c) of subdivision
    40  one of section four hundred of this article:
    41    (i) the name and last known address of each person appearing from  the
    42  records  of  such  corporation  or company to be entitled to receive the
    43  same;
    44    (ii) the amount appearing from  such  records  to  be  due  each  such
    45  person;
    46    (iii) the date payment became due; and
    47    (iv)  such  other identifying information as the state comptroller may
    48  require.
    49    3. Such report shall be in such form and the abandoned property listed
    50  shall be  classified  in  such  manner  as  the  state  comptroller  may
    51  prescribe.  Names of persons entitled to such abandoned property appear-
    52  ing in such report shall be listed in  alphabetical  order  within  each
    53  such classification.
    54    § 8. This act shall take effect immediately.
 
    55                                   PART XX

        S. 3008                            130                           A. 3008

     1    Section  1.  Expenditures  of moneys appropriated to the department of
     2  agriculture and markets from the special revenue funds-other/state oper-
     3  ations, miscellaneous special revenue fund-339, public  service  account
     4  shall  be subject to the provisions of this section. Notwithstanding any
     5  other  provision  of  law  to the contrary, direct and indirect expenses
     6  relating to the department of agriculture and markets' participation  in
     7  general  ratemaking  proceedings  pursuant  to  section 65 of the public
     8  service law or certification proceedings or permits issued  pursuant  to
     9  article  7, 8, or 10 of the public service law, shall be deemed expenses
    10  of the department of public service within the meaning of  section  18-a
    11  of the public service law.
    12    §  2.  Expenditures  of moneys appropriated to the department of state
    13  from the special  revenue  funds-other/state  operations,  miscellaneous
    14  special revenue fund-339, public service account shall be subject to the
    15  provisions  of this section.  Notwithstanding any other provision of law
    16  to the contrary, direct and indirect expenses relating to the activities
    17  of the department of  state's  utility  intervention  unit  pursuant  to
    18  subdivision  4  of section 94-a of the executive law, including, but not
    19  limited to participation in general ratemaking proceedings  pursuant  to
    20  section  65  of  the  public service law or certification proceedings or
    21  permits issued pursuant to article 7, 8, or 10  of  the  public  service
    22  law, shall be deemed expenses of the department of public service within
    23  the meaning of section 18-a of the public service law.
    24    §  3.  Expenditures  of  moneys  appropriated  to the office of parks,
    25  recreation and historic preservation from  the  special  revenue  funds-
    26  other/state  operations,  miscellaneous special revenue fund-339, public
    27  service account shall be subject to  the  provisions  of  this  section.
    28  Notwithstanding  any  other provision of law to the contrary, direct and
    29  indirect expenses relating  to  the  office  of  parks,  recreation  and
    30  historic  preservation's participation in general ratemaking proceedings
    31  pursuant to section 65  of  the  public  service  law  or  certification
    32  proceedings  or  permits  issued  pursuant to article 7, 8, or 10 of the
    33  public service law, shall be deemed expenses of the department of public
    34  service within the meaning of section 18-a of the public service law.
    35    § 4. Expenditures of moneys appropriated to the department of environ-
    36  mental conservation from the  special  revenue  funds-other/state  oper-
    37  ations,  environmental  conservation  special  revenue fund-301, utility
    38  environmental regulation account shall be subject to the  provisions  of
    39  this  section. Notwithstanding any other provision of law to the contra-
    40  ry, direct and indirect expenses relating to the department of  environ-
    41  mental  conservation's participation in state energy policy proceedings,
    42  or certification proceedings or permits issued pursuant to article 7, 8,
    43  or 10 of the public service law, shall be deemed expenses of the depart-
    44  ment of public service within the meaning of section 18-a of the  public
    45  service law.
    46    §  5. Notwithstanding any other law, rule or regulation to the contra-
    47  ry, expenses of  the  department  of  health  public  service  education
    48  program  incurred  pursuant  to appropriations from the cable television
    49  account of the state miscellaneous special revenue funds shall be deemed
    50  expenses of the department of public service.
    51    § 6. Any expense deemed to be expenses of  the  department  of  public
    52  service  pursuant  to sections one through four of this act shall not be
    53  recovered through assessments imposed  upon  telephone  corporations  as
    54  defined in subdivision 17 of section 2 of the public service law.

        S. 3008                            131                           A. 3008
 
     1    §  7.  This  act  shall take effect immediately and shall be deemed to
     2  have been in full force and effect on and after April 1, 2025 and  shall
     3  expire and be deemed repealed April 1, 2030.
 
     4                                   PART YY
 
     5    Section 1.  Paragraph a of subdivision 1 of section 765 of the general
     6  business  law,  as  amended  by section 6 of part X of chapter 57 of the
     7  laws of 2013, is amended to read as follows:
     8    a. Failure to comply with any provision of this article shall  subject
     9  an  excavator  or  an operator to a civil penalty of up to [two thousand
    10  five hundred] five thousand dollars for the first violation and up to an
    11  additional [ten] twenty thousand dollars for each  succeeding  violation
    12  that occurs within a twelve month period.
    13    §  2. Paragraph c of subdivision 1 of section 765 of the general busi-
    14  ness law, as amended by chapter 445 of the laws of 1995, is  amended  to
    15  read as follows:
    16    c. An action to recover a penalty under this article may be brought in
    17  the  supreme  court  in the judicial district in which the violation was
    18  alleged to have occurred which shall be commenced and prosecuted by  the
    19  attorney  general.  The  public  service  commission  shall, pursuant to
    20  section one hundred nineteen-b of the public service law, forward to the
    21  attorney general its determination of the  amount  of  the  penalty  for
    22  violations  or  rules  and regulations adopted to implement the require-
    23  ments of this article. Upon receipt of such determination, the  attorney
    24  general  may  commence  an  action  to  recover such penalty. All moneys
    25  recovered in any such action, together with the costs thereof,  and  all
    26  moneys  recovered as  the  result  of  any  such  public service commis-
    27  sion  determination shall be paid into the [state treasury to the credit
    28  of the general fund] environmental protection fund established  pursuant
    29  to section ninety-two-s of the state finance law.
    30    §  3.  Subdivision  3  of  section  92-s  of the state finance law, as
    31  amended by chapter 734 of the laws  of  2021,  is  amended  to  read  as
    32  follows:
    33    3.  Such  fund shall consist of the amount of revenue collected within
    34  the state from the amount of revenue, interest and  penalties  deposited
    35  pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
    36  amount of fees and penalties received from easements or leases  pursuant
    37  to  subdivision fourteen of section seventy-five of the public lands law
    38  and the money received as annual service  charges  pursuant  to  section
    39  four  hundred four-n of the vehicle and traffic law, all moneys required
    40  to be deposited therein from the contingency reserve  fund  pursuant  to
    41  section  two  hundred  ninety-four of chapter fifty-seven of the laws of
    42  nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
    43  pursuant  to  section thirteen of chapter six hundred ten of the laws of
    44  nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
    45  section  54-0511 of the environmental conservation law, all moneys to be
    46  deposited from the Northville settlement pursuant to section one hundred
    47  twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
    48  hundred  ninety-six,  provided  however,  that such moneys shall only be
    49  used for the cost of the purchase of private lands in the core  area  of
    50  the  central  Suffolk  pine barrens pursuant to a consent order with the
    51  Northville industries signed on  October  thirteenth,  nineteen  hundred
    52  ninety-four  and  the related resource restoration and replacement plan,
    53  the amount of penalties required to  be  deposited  therein  by  section
    54  71-2724 of the environmental conservation law, all moneys required to be

        S. 3008                            132                           A. 3008
 
     1  deposited  pursuant to article thirty-three of the environmental conser-
     2  vation law, all fees collected pursuant to subdivision eight of  section
     3  70-0117  of  the  environmental  conservation  law, all moneys collected
     4  pursuant  to  title thirty-three of article fifteen of the environmental
     5  conservation law, beginning with the fiscal  year  commencing  on  April
     6  first,  two  thousand thirteen, nineteen million dollars, and all fiscal
     7  years thereafter, twenty-three million dollars plus all  funds  received
     8  by  the  state  each  fiscal year in excess of the greater of the amount
     9  received from April first, two thousand  twelve  through  March  thirty-
    10  first,  two  thousand  thirteen  or  one  hundred twenty-two million two
    11  hundred thousand dollars, from the payments collected pursuant to subdi-
    12  vision four of section 27-1012 of the environmental conservation law and
    13  all funds collected pursuant to section  27-1015  of  the  environmental
    14  conservation  law,  all  moneys  required  to  be  deposited pursuant to
    15  sections 27-2805 and 27-2807 of the environmental conservation law,  all
    16  moneys  collected  pursuant  to  section  71-2730  of  the environmental
    17  conservation law, all  moneys  required  to  be  deposited  pursuant  to
    18  section seven hundred sixty-five of the general business law, all moneys
    19  required  to  be  deposited  pursuant to section 27-3205 of the environ-
    20  mental conservation law, and all other moneys  credited  or  transferred
    21  thereto  from any other fund or source pursuant to law. All such revenue
    22  shall be initially deposited into the environmental protection fund, for
    23  application as provided in subdivision five of this section.
    24    § 4. This act shall take effect immediately; provided,  however,  that
    25  the  amendments  to  paragraph  c of subdivision 1 of section 765 of the
    26  general business law made by section two of this act shall  take  effect
    27  on  the  same  date  as  the  reversion of such paragraph as provided in
    28  section 4 of chapter 522 of the laws of 2000, as amended.
 
    29                                   PART ZZ
 
    30    Section 1. Subdivision (a) of section 314 of the tax law,  as  amended
    31  by chapter 190 of the laws of 1990, is amended to read as follows:
    32    (a)  General.--Except  in  accordance with proper judicial order or as
    33  otherwise provided by law, it shall be unlawful for any tax  commission-
    34  er,  any  officer or employee of the department of taxation and finance,
    35  or any person who, pursuant to this section, is permitted to inspect any
    36  return, or to whom any information contained in any return is furnished,
    37  or any person engaged or retained by such department on  an  independent
    38  contract basis, or any person who in any manner may acquire knowledge of
    39  the  contents  of a return filed pursuant to this article, to divulge or
    40  make known in any manner the amount of income or gross receipts  or  any
    41  particulars set forth or disclosed in any return under this article. The
    42  officers  charged with the custody of such returns shall not be required
    43  to produce any of them or evidence of anything contained in them in  any
    44  action  or proceeding in any court, except on behalf of the state or the
    45  commissioner of taxation and finance in an action  or  proceeding  under
    46  the  provisions  of  this  chapter  or in any other action or proceeding
    47  involving the collection of a tax due under this chapter  to  which  the
    48  state  or the commissioner is a party or a claimant, or on behalf of any
    49  party to any action or proceeding under the provisions of  this  article
    50  when  the  returns  or facts shown thereby are directly involved in such
    51  action or proceeding, in any of which events the court may  require  the
    52  production  of, and may admit in evidence, so much of said returns or of
    53  the facts shown thereby as are pertinent to the action or proceeding and
    54  no more. The commissioner may, nevertheless, publish a copy or a summary

        S. 3008                            133                           A. 3008
 
     1  of any determination or  decision  rendered  after  the  formal  hearing
     2  provided  for  in  this  chapter.   Nothing herein shall be construed to
     3  prohibit the delivery to a petroleum business  or  its  duly  authorized
     4  representative  of a copy of any return filed by it, nor to prohibit the
     5  publication of statistics so classified as to prevent the identification
     6  of particular returns and the items thereof, or the disclosure  of  data
     7  other than taxpayer identity information from a return or returns of one
     8  or  more  petroleum or fossil fuel businesses to the department of envi-
     9  ronmental conservation or the New York state energy research and  devel-
    10  opment  authority for the purpose of implementing the climate leadership
    11  and community protection act, chapter one hundred six of the laws of two
    12  thousand nineteen, promulgation of regulations thereunder, and  achieve-
    13  ment  of  the  statewide  greenhouse gas emission limits, as defined and
    14  established in article seventy-five of  the  environmental  conservation
    15  law,  or the publication of delinquent lists showing the names of petro-
    16  leum businesses who have failed to pay their taxes at the  time  and  in
    17  the  manner  provided  by  section  three  hundred eight of this article
    18  together with any relevant information  which  in  the  opinion  of  the
    19  commissioner  may  assist in the collection of such delinquent taxes; or
    20  the inspection by the attorney general or other legal representatives of
    21  the state of the return of any  petroleum  business  which  shall  bring
    22  action  to set aside or review the tax based thereon, or against whom an
    23  action or proceeding under this chapter  has  been  recommended  by  the
    24  commissioner  or  the  attorney  general  or has been instituted; or the
    25  inspection of the returns of any petroleum business by  the  comptroller
    26  or  duly designated officer or employee of the state department of audit
    27  and control, for purposes of the audit of a refund of any  tax  paid  by
    28  such  petroleum  business under this article. Provided, further, nothing
    29  herein shall be construed to prohibit the disclosure of taxpayer identi-
    30  ty information, including name, mailing address and taxpayer identifying
    31  number (social security account number, or such other number as has been
    32  assigned by the secretary of the United States treasury  or  [his]  such
    33  secretary's  delegate,  or by the commissioner of taxation and finance),
    34  with respect to persons who are registered as residual petroleum product
    35  or aviation fuel businesses under this article  or  as  distributors  of
    36  motor fuel or diesel motor fuel or kero-jet fuel only for the purpose of
    37  article  twelve-A of this chapter or this article, whose registration as
    38  a residual petroleum product business or as such  distributor  has  been
    39  cancelled or suspended pursuant to this article or such article twelve-A
    40  or  whose  application  for registration as a residual petroleum product
    41  business or as such distributor has been refused pursuant to this  arti-
    42  cle or such article twelve-A. In addition, the commissioner may disclose
    43  the  fact  that a person is not registered as a residual petroleum busi-
    44  ness under this article or as a distributor of motor fuel, diesel  motor
    45  fuel  or  kero-jet  fuel  only  under  article twelve-A of this chapter.
    46  Information disclosed pursuant to this subdivision shall not, by itself,
    47  be construed as proof of compliance or noncompliance with the provisions
    48  of this chapter.
    49    § 2. This act shall take effect immediately.
    50    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    51  sion, section or part of this act shall be  adjudged  by  any  court  of
    52  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    53  impair, or invalidate the remainder thereof, but shall  be  confined  in
    54  its  operation  to the clause, sentence, paragraph, subdivision, section
    55  or part thereof directly involved in the controversy in which such judg-
    56  ment shall have been rendered. It is hereby declared to be the intent of

        S. 3008                            134                           A. 3008
 
     1  the legislature that this act would  have  been  enacted  even  if  such
     2  invalid provisions had not been included herein.
     3    §  3.  This  act shall take effect immediately provided, however, that
     4  the applicable effective date of Parts A through ZZ of this act shall be
     5  as specifically set forth in the last section of such Parts.
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