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A03006 Summary:

BILL NOA03006C
 
SAME ASSAME AS UNI. S04006-C
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2023-2024 state fiscal year; relates to contracts for excellence; relates to maintenance of equity aid; provides a state subsidy for the federal community eligibility provision program; relates to the number of charters issued; relates to actual valuation; relates to average daily attendance; relates to supplemental public excess cost aid; relates to building aid for metal detectors, and safety devices for electrically operated partitions, room dividers and doors; relates to academic enhancement aid; relates to high tax aid; relates to prospective prekindergarten enrollment reporting; provides for guidance on utilizing building aid to support-district operated universal prekindergarten programs; extends provisions of the statewide universal full-day pre-kindergarten program; increases aid for certain transportation costs; requires zero emission bus progress reporting; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2022-2023 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; extends aid for employment preparation education for certain persons age twenty-one and older; relates to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; directs the commissioner of education to appoint a monitor for the Rochester city school district; establishes the powers and duties of such monitor and certain other officers; relates to the apportionment of aid to such school district, in relation to the effectiveness thereof; relates to the support of education, in relation to the effectiveness thereof; directs the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school age programs receiving funding; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; extends the school years to which apportionment for salary expenses apply; provides for an accelerated schedule for certain apportionments payable to Mount Vernon city school district; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries; relates to the financial stability of the Rochester city school district, in relation to the effectiveness thereof; provides for the repeal of certain provisions upon expiration thereof (Part A); relates to tuition authorization at the state university of New York and the city university of New York (Part B); removes the maximum award caps for the liberty partnerships program (Part D); utilizes reserves in the mortgage insurance fund for the neighborhood preservation program, the rural preservation program, the rural rental assistance program, and the New York state supportive housing program (Part Q); relates to providing for increases in minimum wage requirements (Part S); expands eligibility for child care assistance; makes related provisions (Part U); extends provisions of law related to restructuring financing for residential school placements (Part V); extends certain provisions of law relating to the juvenile justice services close to home initiative (Part W); eliminates the requirement for combined education and other work/activity assignments; directs approval of certain education and vocational training activities up to two-year post-secondary degree programs; provides for a disregard of earned income received by a recipient of public assistance derived from participating in a qualified work activity or training program; provides for a one-time disregard of earned income following job entry for up to six consecutive months under certain circumstances (Part X); provides reimbursement to victims of public assistance fraud to include additional benefits (Part Y); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part Z); requires the state university of New York trustees and the city university of New York trustees to develop long-term plans to address the impact fluctuations in student enrollment have on the academic and financial sustainability of state-operated institutions and community colleges (Part AA); increases the rent subsidy payable to a foster child living independently (Part BB); extends certain provisions relating to the calculation of weekly employment insurance benefits for workers who are partially unemployed (Part CC); establishes a statewide presumptive eligibility standard for child care assistance (Part DD); makes certain part-time students enrolled at a public agricultural and technical college eligible to receive part-time tuition assistance program awards (Part EE); relates to conducting a study of public and private museums in New York state (Part FF); increases fees for assigned counsel; increases the amount in extraordinary circumstances that the court may provide for compensation in excess of three thousand dollars per investigative, expert of other service provider (Part GG); expands eligibility for the empire state child credit (Part HH); expands the scope of scholarships for the state university of New York maritime college (Part II); relates to the appointment of the western regional off-track betting board of directors (Part JJ); provides state matching contributions to the endowments of the four university centers of the state university of New York; provides for the repeal of certain provisions upon expiration thereof (Part KK); authorizes the department of corrections to use body scanners for employees at state correctional facilities, visitors, and incarcerated individuals (Part LL); relates to bus operation-related traffic restrictions and parking infractions; establishes a bus rapid transit demonstration program; extends the effectiveness of certain provisions relating thereto; repeals certain provisions relating thereto (Part MM); directs the Metropolitan Transportation Authority to establish and implement a fare-free bus pilot program within the City of New York to understand certain impacts of fare-free bus routes (Part NN); relates to the utilization of funds in the Capital region off-track betting corporations capital acquisition funds (Part OO); provides for the administration of certain funds and accounts related to the 2023-2024 budget, authorizing certain payments and transfers; extends certain provisions of law; authorizes the issuance of certain bonds and notes (Part PP); advances renewable energy development; establishes the renewable energy access and community help program; provides funding to help prepare workers for employment in the renewable energy field (Part QQ); prohibits fossil-fuel equipment and building systems in certain new construction; provides exceptions for emergency power, manufactured homes and certain commercial buildings; establishes decarbonization action plans for state-owned facilities (Part RR); extends certain provisions relating to the provision of renewable power and energy by the Power Authority of the state of New York (Part SS); creates the New York climate action fund; makes provisions related to climate action fund revenues and accounts; provides wage requirements and a job transition plan for certain climate risk-related and energy transition projects (Part TT); relates to collection of tax revenue on adult-use cannabis products; imposes penalties on retailers and distributors for unauthorized sale of adult-use cannabis products; provides for emergency relief following service of a notice of violation; adds additional regulations to curb illegal cannabis retail establishments; permits removal of commercial tenants for unlicensed cannabis retail sale; authorizes investigators appointed by the cannabis control board to carry, possess, repair, or dispose of a firearm; makes related provisions (Part UU); relates to setting bail (Subpart A); relates to appearances for pretrial proceedings for arrests made without a warrant (Subpart B); requires the chief administrator of the courts to report on certain pretrial commitments to local correctional facilities (Subpart C) (Part VV).
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A03006 Actions:

BILL NOA03006C
 
02/01/2023referred to ways and means
03/06/2023amend (t) and recommit to ways and means
03/06/2023print number 3006a
03/14/2023amend (t) and recommit to ways and means
03/14/2023print number 3006b
05/01/2023amend (t) and recommit to ways and means
05/01/2023print number 3006c
05/02/2023reported referred to rules
05/02/2023reported
05/02/2023rules report cal.131
05/02/2023ordered to third reading rules cal.131
05/02/2023message of necessity - 3 day message
05/02/2023passed assembly
05/02/2023delivered to senate
05/02/2023REFERRED TO FINANCE
05/02/2023SUBSTITUTED FOR S4006C
05/02/20233RD READING CAL.723
05/02/2023MESSAGE OF NECESSITY - 3 DAY MESSAGE
05/02/2023PASSED SENATE
05/02/2023RETURNED TO ASSEMBLY
05/02/2023delivered to governor
05/03/2023signed chap.56
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A03006 Memo:

Memo not available
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A03006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4006--C                                            A. 3006--C
 
                SENATE - ASSEMBLY
 
                                    February 1, 2023
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend the education law, in relation to contracts for excel-
          lence; to amend the education law, in relation to foundation  aid;  to
          amend  the education law, in relation to providing a state subsidy for
          the federal community eligibility  provision  program;  to  amend  the
          education  law, in relation to the number of charters issued; to amend
          the education law, in relation  to  actual  valuation;  to  amend  the
          education  law,  in relation to average daily attendance; to amend the
          education law, in relation to supplemental public excess cost aid;  to
          amend  the education law, in relation to building aid for metal detec-
          tors, and safety devices for electrically  operated  partitions,  room
          dividers and doors; to amend the education law, in relation to academ-
          ic  enhancement  aid;  to amend the education law, in relation to high
          tax aid; to amend the education law, in relation to prospective  prek-
          indergarten  enrollment  reporting;  to  amend  the  education law, in
          relation to guidance on utilizing  building  aid  to  support-district
          operated  universal  prekindergarten  programs; to amend the education
          law, in relation to universal prekindergarten expansions; to amend the
          education law, in relation to transitional guidelines  and  rules;  to
          amend  the  education  law, in relation to extending provisions of the
          statewide universal full-day pre-kindergarten program;  to  amend  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12572-05-3

        S. 4006--C                          2                         A. 3006--C
 
          education law, in relation to certain moneys apportioned; to amend the
          education  law,  in relation to increasing aid for certain transporta-
          tion costs; to amend the education law and the public authorities law,
          in  relation to zero emission bus progress reporting; to amend chapter
          756 of the laws of 1992 relating to funding a program for  work  force
          education conducted by the consortium for worker education in New York
          city,  in  relation  to  reimbursement  for the 2023-2024 school year,
          withholding a portion of employment preparation education aid  and  in
          relation  to the effectiveness thereof; to amend the education law, in
          relation to extending aid for  employment  preparation  education  for
          certain  persons age twenty-one and older; to amend chapter 147 of the
          laws of 2001  amending  the  education  law  relating  to  conditional
          appointment  of school district, charter school or BOCES employees, in
          relation to the effectiveness thereof; to amend part C of  chapter  56
          of the laws of 2020 directing the commissioner of education to appoint
          a  monitor  for  the  Rochester city school district, establishing the
          powers and duties of such  monitor  and  certain  other  officers  and
          relating  to  the  apportionment  of  aid  to such school district, in
          relation to the effectiveness thereof; to amend part C of  chapter  57
          of  the laws of 2004 relating to the support of education, in relation
          to the effectiveness thereof; directing the  education  department  to
          conduct  a  comprehensive  study  of  alternative tuition rate-setting
          methodologies  for  approved  providers   operating   school-age   and
          preschool programs receiving funding; providing for special apportion-
          ment  for  salary  expenses;  providing  for special apportionment for
          public pension accruals; to amend chapter 121  of  the  laws  of  1996
          relating  to  authorizing  the Roosevelt union free school district to
          finance deficits by the issuance  of  serial  bonds,  in  relation  to
          extending  the school years to which apportionment for salary expenses
          apply; provides for an accelerated schedule for certain apportionments
          payable to Mount Vernon city school district; providing for set-asides
          from the state funds which certain districts are  receiving  from  the
          total  foundation  aid;  providing for support of public libraries; to
          amend chapter 498 of the laws  of  2011  amending  the  education  law
          relating to the public library construction grant program, in relation
          to  the effectiveness thereof; to amend chapter 94 of the laws of 2002
          relating to the financial  stability  of  the  Rochester  city  school
          district,  in relation to the effectiveness thereof; and providing for
          the repeal of certain provisions upon expiration thereof (Part A);  to
          amend  the  education law, in relation to tuition authorization at the
          state university of New York and the city university of New York (Part
          B); intentionally omitted (Part C); to amend  the  education  law,  in
          relation  to  removing the maximum award caps for the liberty partner-
          ships program (Part D); intentionally omitted (Part E);  intentionally
          omitted  (Part F); intentionally omitted (Part G); intentionally omit-
          ted (Part H); intentionally omitted (Part  I);  intentionally  omitted
          (Part  J); intentionally omitted (Part K); intentionally omitted (Part
          L); intentionally omitted (Part M); intentionally  omitted  (Part  N);
          intentionally  omitted  (Part  O);  intentionally omitted (Part P); to
          utilize reserves in the mortgage insurance fund  for  various  housing
          purposes  (Part Q); intentionally omitted (Part R); to amend the labor
          law, in relation to increasing minimum wage requirements and  indexing
          the  minimum  wage  to  inflation for certain periods (Part S); inten-
          tionally omitted (Part T);  to  amend  the  social  services  law,  in
          relation  to eligibility for child care assistance; to amend part Z of
          chapter 56 of the laws of 2021 amending the social services law relat-

        S. 4006--C                          3                         A. 3006--C
 
          ing to making child care more affordable for low-income  families,  in
          relation   to   the  effectiveness  thereof;  and  to  repeal  certain
          provisions of the social services law relating thereto  (Part  U);  to
          amend  part  N  of chapter 56 of the laws of 2020, amending the social
          services law  relating  to  restructuring  financing  for  residential
          school  placements, in relation to the effectiveness thereof (Part V);
          to amend subpart A of chapter 57 of the  laws  of  2012  amending  the
          social  services law and the family court act relating to establishing
          a juvenile justice services close to home  initiative,  and  to  amend
          subpart  B  of  part  G of chapter 57 of the laws of 2012 amending the
          social services law, the family court act and the executive law relat-
          ing to juvenile delinquents, in relation to the effectiveness  thereof
          (Part W); to amend the social services law, in relation to eliminating
          the requirement for combined education and other work/activity assign-
          ments, directing approval of certain education and vocational training
          activities up to two-year post-secondary degree programs and providing
          for  a  disregard  of  earned income received by a recipient of public
          assistance derived from participating in a qualified work activity  or
          training  program,  and  further providing for a one-time disregard of
          earned income following job entry for up  to  six  consecutive  months
          under  certain  circumstances  (Part  X); to amend the social services
          law, in relation to the replacement of stolen public assistance  (Part
          Y);  to  amend  the social services law, in relation to increasing the
          standards of monthly need for aged, blind and disabled persons  living
          in  the community (Part Z); in relation to requiring the state univer-
          sity of New York trustees and the  city university of New  York  trus-
          tees to develop a long-term plan to address the impact fluctuations in
          student  enrollment  have on the academic and financial sustainability
          of state-operated institutions and community colleges  (Part  AA);  to
          amend  the  social services law, in relation to increasing from $300 a
          month to $725 a month the rent  subsidy  payable  to  a  foster  child
          living  independently  (Part  BB); to amend chapter 277 of the laws of
          2021  amending the labor law relating to the calculation  of    weekly
          employment    insurance   benefits for workers who are partially unem-
          ployed, in relation to the effectiveness thereof (Part CC);  to  amend
          the  social  services  law,  in  relation  to establishing a statewide
          presumptive eligibility standard for the receipt of child care assist-
          ance (Part DD); to amend the education law, in  relation  to  eligible
          recipients  of  part-time tuition assistance program awards (Part EE);
          in relation to conducting a study of public and private museums in New
          York state (Part FF); to amend the county law and the  judiciary  law,
          in  relation  to entitled compensation for client representation (Part
          GG); to amend the tax law, in relation to eligibility for  the  empire
          state  child credit (Part HH); to amend the education law, in relation
          to maritime scholarships at the state university  of  New  York  (Part
          II);  to  amend  the racing, pari-mutuel wagering and breeding law, in
          relation to the membership of the board of directors  of  the  western
          regional  off-track  betting corporation; and providing for the repeal
          of such provisions upon the expiration thereof (Part JJ);  to  provide
          state  matching contributions to the endowments of the four university
          centers of the state university of New York;  and  providing  for  the
          repeal  of  certain  provisions  upon expiration thereof (Part KK); to
          amend the public health law, in relation to authorizing  body  scanner
          utilization in the department of corrections and community supervision
          (Part  LL); to amend the vehicle and traffic law, in relation to owner
          liability for failure of operator to comply with bus operation-related

        S. 4006--C                          4                         A. 3006--C
 
          local law or regulation traffic restrictions and to  the  adjudication
          of  certain  parking infractions; to amend the public officers law, in
          relation to access to records prepared pursuant to  bus  operation-re-
          lated  local  law or regulation traffic restrictions; to amend part II
          of chapter 59 of the laws of 2010, amending the  vehicle  and  traffic
          law  and  the public officers law relating to establishing a bus rapid
          transit demonstration program to restrict the  use  of  bus  lanes  by
          means  of  bus  lane  photo  devices, in relation to the effectiveness
          thereof; and providing for the repeal of certain provisions upon expi-
          ration thereof (Part MM); in relation to  directing  the  Metropolitan
          Transportation  Authority  to  establish and implement a fare-free bus
          pilot program within the City of New York  (Part  NN);  to  amend  the
          racing,  pari-mutuel  wagering  and  breeding  law, in relation to the
          utilization of funds in the Capital region  off-track  betting  corpo-
          rations'  capital  acquisition  funds  (Part  OO);  to provide for the
          administration of certain funds and accounts related to the  2023-2024
          budget, authorizing certain payments and transfers; to amend the state
          finance  law,  in  relation to the administration of certain funds and
          accounts; to amend part FFF of chapter 56 of the laws of 2022  provid-
          ing  for  the  administration of certain funds and accounts related to
          the 2022-2023 budget, in relation  to  the  effectiveness  of  certain
          provisions  thereof;  to  amend  the  military law, in relation to the
          deposit of funds for the use of armories; to amend the  state  finance
          law,  in  relation  to  the rainy day reserve fund; to amend part D of
          chapter 389 of the laws of 1997  relating  to  the  financing  of  the
          correctional  facilities  improvement  fund  and  the  youth  facility
          improvement fund, in relation to the  issuance  of  certain  bonds  or
          notes;  to  amend chapter 81 of the laws of 2002 relating to providing
          for the administration of certain funds and accounts  related  to  the
          2002-2003  budget,  in  relation  to  the  issuance of certain bonds &
          notes; to amend part Y of chapter 61 of the laws of 2005, relating  to
          providing for the administration of certain funds and accounts related
          to  the 2005-2006 budget, in relation to the issuance of certain bonds
          or notes; to amend the public authorities  law,  in  relation  to  the
          issuance  of  certain  bonds  or  notes;  to  amend the New York state
          medical care facilities finance agency act, in relation to  the  issu-
          ance  of  certain  bonds  or  notes; to amend the New York state urban
          development corporation act, in relation to the  issuance  of  certain
          bonds or notes; to amend chapter 329 of the laws of 1991, amending the
          state  finance law and other laws relating to the establishment of the
          dedicated highway and bridge trust fund, in relation to  the  issuance
          of  certain  bonds  or  notes; to amend the public authorities law, in
          relation to the issuance of certain  bonds  or  notes;  to  amend  the
          private  housing finance law, in relation to housing program bonds and
          notes; to amend part D of chapter   63   of   the   laws   of    2005,
          relating to the composition and responsibilities of the New York state
          higher education capital matching grant board, in relation to increas-
          ing  the   amount  of authorized matching capital grants; to amend the
          New York state urban development corporation act, in relation  to  the
          nonprofit  infrastructure capital investment program; to amend the New
          York state urban development corporation act, in relation to  personal
          income  tax  notes  for 2024, in relation to authorizing the dormitory
          authority of the state of New York and the  urban  development  corpo-
          ration  to  enter  into  line  of  credit  facilities for 2024, and in
          relation to state-supported debt issued during the 2024  fiscal  year;
          to  amend  the state finance law, in relation to payments of bonds; to

        S. 4006--C                          5                         A. 3006--C
 
          amend the state finance law, in relation to the mental health services
          fund; to amend the state finance law, in relation to the  issuance  of
          revenue  bonds;  to  amend the New York state urban development corpo-
          ration act, in relation to permitting the dormitory authority, the New
          York state urban development corporation, and the thruway authority to
          issue  bonds  for  the  purpose  of refunding obligations of the power
          authority of the state of New York to fund energy efficiency  projects
          at state agencies; to amend the public authorities law, in relation to
          financing  of  metropolitan transportation authority (MTA) transporta-
          tion facilities; and providing for the repeal  of  certain  provisions
          upon expiration thereof (Part PP); to amend the public authorities law
          and  the public service law, in relation to advancing renewable energy
          development; establishing the renewable energy  access  and  community
          help  program;  and  providing  funding  to  help  prepare workers for
          employment in the renewable energy field (Part QQ); to amend the ener-
          gy law and the executive law, in relation to prohibiting the installa-
          tion  of  fossil-fuel  equipment   and   building   systems   in   new
          construction;  and  to amend the public authorities law and the public
          buildings law, in  relation  to  establishing  decarbonization  action
          plans  for state-owned facilities (Part RR); to amend part LL of chap-
          ter 58 of the laws of 2019 amending the public authorities law  relat-
          ing  to  the  provision  of  renewable  power  and energy by the Power
          Authority of the State of New York, in relation to  the  effectiveness
          thereof  (Part  SS); to amend the public authorities law and the state
          finance law, in relation to climate action fund revenues and accounts;
          and to amend the labor law and the public service law, in relation  to
          certain climate risk-related and energy transition projects (Part TT);
          to  amend the tax law, the cannabis law, the real property actions and
          proceedings law and the criminal procedure law, in relation to  making
          technical  corrections  to  tax  on  adult-use  cannabis  products and
          enforcement provisions;  and  providing  for  the  repeal  of  certain
          provisions  upon  the  expiration  thereof (Part UU); and to amend the
          criminal procedure law, in relation to setting bail  (Subpart  A);  to
          amend  the  criminal  procedure  law, in relation to excluding certain
          arrests made without  a  warrant  from  certain  pretrial  proceedings
          (Subpart  B); and to amend the judiciary law, in relation to requiring
          the chief administrator of the courts to collect data  and  report  on
          pretrial  commitments  to  local  correctional  facilities (Subpart C)
          (Part VV)
 
          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 education, labor,  housing  and  family
     3  assistance budget for the 2023-2024 state fiscal year. Each component is
     4  wholly  contained  within  a  Part identified as Parts A through VV. The
     5  effective date for each particular provision contained within such  Part
     6  is  set  forth  in  the  last section of such Part. Any provision in any
     7  section contained within a Part, including the  effective  date  of  the
     8  Part,  which  makes a reference to a section "of this act", when used in
     9  connection with that particular component, shall be deemed to  mean  and
    10  refer  to  the  corresponding  section of the Part in which it is found.
    11  Section three of this act sets forth the general effective date of  this
    12  act.

        S. 4006--C                          6                         A. 3006--C
 
     1                                   PART A
 
     2    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
     3  tion  law,  as amended by chapter 556 of the laws of 2022, is amended to
     4  read as follows:
     5    e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
     6  district  that  submitted a contract for excellence for the two thousand
     7  eight--two thousand nine school year shall submit a contract for  excel-
     8  lence  for  the  two  thousand  nine--two  thousand  ten  school year in
     9  conformity with the requirements of subparagraph (vi) of paragraph a  of
    10  subdivision  two  of this section unless all schools in the district are
    11  identified as in good standing  and  provided  further  that,  a  school
    12  district  that  submitted a contract for excellence for the two thousand
    13  nine--two thousand ten school year, unless all schools in  the  district
    14  are  identified  as in good standing, shall submit a contract for excel-
    15  lence for the two thousand eleven--two thousand twelve school year which
    16  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    17  graph  a of subdivision two of this section, provide for the expenditure
    18  of an amount which shall be not less than  the  product  of  the  amount
    19  approved  by the commissioner in the contract for excellence for the two
    20  thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
    21  district's  gap  elimination  adjustment percentage and provided further
    22  that, a school district that submitted a contract for excellence for the
    23  two thousand eleven--two thousand twelve school year, unless all schools
    24  in the district are identified as  in  good  standing,  shall  submit  a
    25  contract  for excellence for the two thousand twelve--two thousand thir-
    26  teen school  year  which  shall,  notwithstanding  the  requirements  of
    27  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    28  provide for the expenditure of an amount which shall be  not  less  than
    29  the  amount  approved by the commissioner in the contract for excellence
    30  for the  two  thousand  eleven--two  thousand  twelve  school  year  and
    31  provided  further  that, a school district that submitted a contract for
    32  excellence for the two thousand  twelve--two  thousand  thirteen  school
    33  year,  unless  all  schools  in  the  district are identified as in good
    34  standing, shall submit a contract for excellence for  the  two  thousand
    35  thirteen--two thousand fourteen school year which shall, notwithstanding
    36  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    37  of this section, provide for the expenditure of an amount which shall be
    38  not less than the amount approved by the commissioner  in  the  contract
    39  for excellence for the two thousand twelve--two thousand thirteen school
    40  year  and  provided  further  that,  a  school district that submitted a
    41  contract for excellence for  the  two  thousand  thirteen--two  thousand
    42  fourteen  school year, unless all schools in the district are identified
    43  as in good standing, shall submit a contract for excellence for the  two
    44  thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
    45  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    46  subdivision  two  of  this  section,  provide  for the expenditure of an
    47  amount which shall be not less than the amount approved by  the  commis-
    48  sioner in the contract for excellence for the two thousand thirteen--two
    49  thousand  fourteen  school  year;  and  provided  further that, a school
    50  district that submitted a contract for excellence for the  two  thousand
    51  fourteen--two  thousand  fifteen  school year, unless all schools in the
    52  district are identified as in good standing, shall submit a contract for
    53  excellence for the two thousand  fifteen--two  thousand  sixteen  school
    54  year  which shall, notwithstanding the requirements of subparagraph (vi)
    55  of paragraph a of subdivision two  of  this  section,  provide  for  the

        S. 4006--C                          7                         A. 3006--C
 
     1  expenditure  of  an  amount  which  shall  be  not  less than the amount
     2  approved by the commissioner in the contract for excellence for the  two
     3  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
     4  further  that a school district that submitted a contract for excellence
     5  for the two thousand fifteen--two thousand sixteen school  year,  unless
     6  all  schools  in  the district are identified as in good standing, shall
     7  submit a contract for excellence for the two thousand sixteen--two thou-
     8  sand seventeen school year which shall, notwithstanding the requirements
     9  of subparagraph (vi) of paragraph a of subdivision two of this  section,
    10  provide  for  the  expenditure of an amount which shall be not less than
    11  the amount approved by the commissioner in the contract  for  excellence
    12  for  the  two  thousand  fifteen--two  thousand sixteen school year; and
    13  provided further that, a school district that submitted a  contract  for
    14  excellence  for  the two thousand sixteen--two thousand seventeen school
    15  year, unless all schools in the  district  are  identified  as  in  good
    16  standing,  shall  submit  a contract for excellence for the two thousand
    17  seventeen--two thousand eighteen school year which shall,  notwithstand-
    18  ing  the requirements of subparagraph (vi) of paragraph a of subdivision
    19  two of this section, provide for the  expenditure  of  an  amount  which
    20  shall  be  not  less than the amount approved by the commissioner in the
    21  contract for excellence  for  the  two  thousand  sixteen--two  thousand
    22  seventeen  school year; and provided further that a school district that
    23  submitted a contract for excellence for the two thousand  seventeen--two
    24  thousand  eighteen  school  year, unless all schools in the district are
    25  identified as in good standing, shall submit a contract  for  excellence
    26  for  the  two thousand eighteen--two thousand nineteen school year which
    27  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    28  graph  a of subdivision two of this section, provide for the expenditure
    29  of an amount which shall be not less than the  amount  approved  by  the
    30  commissioner  in the contract for excellence for the two thousand seven-
    31  teen--two thousand eighteen school year; and provided  further  that,  a
    32  school  district  that  submitted  a contract for excellence for the two
    33  thousand eighteen--two thousand nineteen school year, unless all schools
    34  in the district are identified as  in  good  standing,  shall  submit  a
    35  contract  for  excellence  for  the  two thousand nineteen--two thousand
    36  twenty school year which  shall,  notwithstanding  the  requirements  of
    37  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    38  provide for the expenditure of an amount which shall be  not  less  than
    39  the  amount  approved by the commissioner in the contract for excellence
    40  for the two thousand eighteen--two thousand nineteen  school  year;  and
    41  provided  further  that, a school district that submitted a contract for
    42  excellence for the two thousand  nineteen--two  thousand  twenty  school
    43  year,  unless  all  schools  in  the  district are identified as in good
    44  standing, shall submit a contract for excellence for  the  two  thousand
    45  twenty--two thousand twenty-one school year which shall, notwithstanding
    46  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    47  of this section, provide for the expenditure of an amount which shall be
    48  not less than the amount approved by the commissioner  in  the  contract
    49  for excellence for the two thousand nineteen--two thousand twenty school
    50  year;  and  provided  further  that,  a school district that submitted a
    51  contract for excellence for the two thousand twenty--two thousand  twen-
    52  ty-one school year, unless all schools in the district are identified as
    53  in  good  standing,  shall  submit a contract for excellence for the two
    54  thousand twenty-one--two thousand twenty-two school  year  which  shall,
    55  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    56  subdivision two of this section,  provide  for  the  expenditure  of  an

        S. 4006--C                          8                         A. 3006--C
 
     1  amount  which  shall be not less than the amount approved by the commis-
     2  sioner in the contract for excellence for the two  thousand  twenty--two
     3  thousand  twenty-one  school  year;  and provided further that, a school
     4  district  that  submitted a contract for excellence for the two thousand
     5  twenty-one--two thousand twenty-two school year, unless all  schools  in
     6  the district are identified as in good standing, shall submit a contract
     7  for  excellence  for  the  two thousand twenty-two--two thousand twenty-
     8  three school year  which  shall,  notwithstanding  the  requirements  of
     9  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    10  provide for the expenditure of an amount which shall be  not  less  than
    11  the  amount  approved by the commissioner in the contract for excellence
    12  for the two thousand twenty-one--two thousand  twenty-two  school  year;
    13  and  provided  further that, a school district that submitted a contract
    14  for excellence for the two  thousand  twenty-two--two  thousand  twenty-
    15  three  school year, unless all schools in the district are identified as
    16  in good standing, shall submit a contract for  excellence  for  the  two
    17  thousand twenty-three--two thousand twenty-four school year which shall,
    18  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    19  subdivision two of this section,  provide  for  the  expenditure  of  an
    20  amount  which  shall be not less than the amount approved by the commis-
    21  sioner in the contract for excellence for the two thousand  twenty-two--
    22  two  thousand  twenty-three  school  year; provided, however, that, in a
    23  city school district in a city having a population  of  one  million  or
    24  more, notwithstanding the requirements of subparagraph (vi) of paragraph
    25  a  of subdivision two of this section, the contract for excellence shall
    26  provide for the expenditure as set forth in subparagraph  (v)  of  para-
    27  graph  a  of subdivision two of this section. For purposes of this para-
    28  graph, the "gap elimination adjustment percentage" shall  be  calculated
    29  as the sum of one minus the quotient of the sum of the school district's
    30  net gap elimination adjustment for two thousand ten--two thousand eleven
    31  computed  pursuant  to  chapter  fifty-three of the laws of two thousand
    32  ten, making appropriations for  the  support  of  government,  plus  the
    33  school  district's  gap elimination adjustment for two thousand eleven--
    34  two thousand twelve as computed pursuant to chapter fifty-three  of  the
    35  laws  of  two  thousand eleven, making appropriations for the support of
    36  the local assistance budget, including support for general  support  for
    37  public  schools, divided by the total aid for adjustment computed pursu-
    38  ant to chapter fifty-three of the laws of two  thousand  eleven,  making
    39  appropriations  for  the  local assistance budget, including support for
    40  general support for public schools. Provided, further, that such  amount
    41  shall  be expended to support and maintain allowable programs and activ-
    42  ities approved in the two thousand nine--two thousand ten school year or
    43  to support new or expanded allowable  programs  and  activities  in  the
    44  current year.
    45    §  2. Subdivision 4 of section 3602 of the education law is amended by
    46  adding a new paragraph k to read as follows:
    47    k. Foundation aid payable in the two thousand twenty-three--two  thou-
    48  sand  twenty-four  school  year. Notwithstanding any provision of law to
    49  the contrary, foundation aid payable in the two thousand  twenty-three--
    50  two  thousand  twenty-four  school year shall be equal to the sum of the
    51  total foundation aid base computed pursuant to paragraph j  of  subdivi-
    52  sion  one  of  this section plus the greater of (a) the positive differ-
    53  ence, if any, of (i) total foundation aid computed pursuant to paragraph
    54  a of this subdivision less (ii) the total foundation aid  base  computed
    55  pursuant  to  paragraph j of subdivision one of this section, or (b) the
    56  product of three hundredths (0.03) multiplied by  the  total  foundation

        S. 4006--C                          9                         A. 3006--C
 
     1  aid  base  computed  pursuant  to paragraph j of subdivision one of this
     2  section.
     3    § 3. Intentionally omitted.
     4    §  3-a.  The  education  law is amended by adding a new section 925 to
     5  read as follows:
     6    § 925. Community eligibility provision state subsidy.  Notwithstanding
     7  any provision of law, rule or regulation to the  contrary,  in  the  two
     8  thousand  twenty-three--two  thousand twenty-four school year and there-
     9  after, for each breakfast and lunch meal that  is  served  at  a  school
    10  participating in the federal community eligibility provision program and
    11  that  is  reimbursed  at the federal reimbursement rate for a paid meal,
    12  the department shall reimburse the school food authority the  difference
    13  between (1) the combined state and federal reimbursement rate for a paid
    14  meal  for the current school year and (2) the combined state and federal
    15  reimbursement rate for a free meal for the current school year, provided
    16  that the total reimbursement rate for each meal served shall  equal  the
    17  combined  state  and  federal reimbursement rate for a free meal for the
    18  current school year.
    19    § 4. Subdivision 9 of section 2852 of the education law is amended  by
    20  adding a new paragraph (b-1) to read as follows:
    21    (b-1) A charter that has been surrendered, revoked or terminated after
    22  January first, two thousand fifteen, but before July first, two thousand
    23  twenty-two,  including  a charter that has not been renewed by action of
    24  its charter entity, may be reissued once pursuant to  paragraph  (a)  of
    25  this subdivision by the board of regents either upon application direct-
    26  ly  to  the  board  of  regents or on the recommendation of the board of
    27  trustees of the state university of New York pursuant to  a  competitive
    28  process  in accordance with subdivision nine-a of this section. Provided
    29  that such reissuance shall not be counted toward  the  numerical  limits
    30  established  by this subdivision, and provided further that no more than
    31  twenty-two charters may be reissued pursuant to this paragraph, provided
    32  that fourteen of such reissued charters  shall  be  allocated  for,  and
    33  shall  not  be  counted  toward  the numerical limit in, a city having a
    34  population of one million or more established in paragraph (a)  of  this
    35  subdivision.  Nothing herein shall be construed to allow more than four-
    36  teen such charters to be reissued in a city having a population  of  one
    37  million or more.
    38    §  4-a. Subdivision 2 of section 2852 of the education law, as amended
    39  by section 2 of part D-2 of chapter 57 of the laws of 2007,  is  amended
    40  to read as follows:
    41    2.  An  application  for a charter school shall not be approved unless
    42  the charter entity finds that:
    43    (a) the charter school described in the application meets the require-
    44  ments set out in this article and all other applicable laws,  rules  and
    45  regulations;
    46    (b) the applicant can demonstrate the ability to operate the school in
    47  an educationally and fiscally sound manner;
    48    (c) granting the application is likely to improve student learning and
    49  achievement  and  materially further the purposes set out in subdivision
    50  two of section twenty-eight hundred fifty of this article; [and]
    51    (d) in a school  district  where  the  total  enrollment  of  resident
    52  students attending charter schools in the base year is greater than five
    53  percent  of the total public school enrollment of the school district in
    54  the base year (i) granting the  application  would  have  a  significant
    55  educational  benefit  to  the  students  expected to attend the proposed

        S. 4006--C                         10                         A. 3006--C
 
     1  charter school or (ii) the school district in which the  charter  school
     2  will be located consents to such application; and
     3    (e)  for applicants for an initial charter pursuant to paragraph (b-1)
     4  of subdivision nine of this section in a school district  located  in  a
     5  city  with  a population of one million or more, the total enrollment of
     6  students attending charter schools  within  the  community  district  in
     7  which  the  charter school will be located in the base year is less than
     8  or equal to fifty-five percent of the  total  public  school  enrollment
     9  attending within such community district in the base year.
    10    §  5.  Paragraph  c  of subdivision 1 of section 3602 of the education
    11  law, as amended by section 11 of part B of chapter 57  of  the  laws  of
    12  2007, is amended to read as follows:
    13    c. "Actual valuation" shall mean the valuation of taxable real proper-
    14  ty  in  a  school  district obtained by taking the assessed valuation of
    15  taxable real property within  such  district  as  it  appears  upon  the
    16  assessment  roll  of  the  town,  city, village, or county in which such
    17  property is located, for the calendar year two years prior to the calen-
    18  dar year in which the base year commenced, after revision as provided by
    19  law, plus any assessed valuation that was exempted from taxation  pursu-
    20  ant  to  the class one reassessment exemption authorized by section four
    21  hundred eighty-five-u of the real property tax law  or  the  residential
    22  revaluation  exemption  authorized by section four hundred eighty-five-v
    23  of such law as added by chapter five hundred sixty of the  laws  of  two
    24  thousand  twenty-one,  and dividing it by the state equalization rate as
    25  determined by the [state board of equalization and  assessment]  commis-
    26  sioner  of  taxation  and finance, for the assessment roll of such town,
    27  city, village, or county completed during such preceding calendar  year.
    28  The  actual valuation of a central high school district shall be the sum
    29  of such valuations of its component  districts.  Such  actual  valuation
    30  shall  include  any  actual  valuation equivalent of payments in lieu of
    31  taxes determined pursuant to section four  hundred  eighty-five  of  the
    32  real property tax law. "Selected actual valuation" shall mean the lesser
    33  of  actual  valuation  calculated for aid payable in the current year or
    34  the two-year average of the actual valuation calculated for aid  payable
    35  in  the current year and the actual valuation calculated for aid payable
    36  in the base year.
    37    § 6. Paragraph d of subdivision 1 of section  3602  of  the  education
    38  law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
    39  2007, is amended to read as follows:
    40    d. "Average daily attendance" shall mean the total number  of  attend-
    41  ance  days  of pupils in a public school of a school district in kinder-
    42  garten through grade twelve, or equivalent ungraded programs,  plus  the
    43  total  number  of  instruction  days for such pupils receiving homebound
    44  instruction including pupils receiving [instruction  through  a  two-way
    45  telephone  communication  system]  remote  instruction as defined in the
    46  regulations of the commissioner, divided  by  the  number  of  days  the
    47  district  school was in session as provided in this section. The attend-
    48  ance of pupils with disabilities attending under the provisions of para-
    49  graph c of subdivision two of section forty-four  hundred  one  of  this
    50  chapter shall be added to average daily attendance.
    51    §  7.  Paragraph  l  of subdivision 1 of section 3602 of the education
    52  law, as amended by section 11 of part B of chapter 57  of  the  laws  of
    53  2007, is amended to read as follows:
    54    l.  "Average  daily  membership"  shall  mean  the  possible aggregate
    55  attendance of all pupils in attendance in a public school of the  school
    56  district  in  kindergarten  through grade twelve, or equivalent ungraded

        S. 4006--C                         11                         A. 3006--C
 
     1  programs,  including  possible  aggregate  attendance  for  such  pupils
     2  receiving homebound instruction, including pupils receiving [instruction
     3  through  a two-way telephone communication system] remote instruction as
     4  defined in the regulations of the commissioner, with the possible aggre-
     5  gate  attendance of such pupils in one-half day kindergartens multiplied
     6  by one-half, divided by the number of days the district  school  was  in
     7  session as provided in this section. The full time equivalent enrollment
     8  of  pupils with disabilities attending under the provisions of paragraph
     9  c of subdivision two of section forty-four hundred one of  this  chapter
    10  shall  be  added  to average daily membership.  Average daily membership
    11  shall include the equivalent  attendance  of  the  school  district,  as
    12  computed  pursuant  to  paragraph d of this subdivision. In any instance
    13  where a pupil is a resident of another state or an  Indian  pupil  is  a
    14  resident of any portion of a reservation located wholly or partly within
    15  the  borders of the state pursuant to subdivision four of section forty-
    16  one hundred one of this chapter or a pupil is living on federally  owned
    17  land  or  property,  such pupil's possible aggregate attendance shall be
    18  counted as part of the  possible  aggregate  attendance  of  the  school
    19  district in which such pupil is enrolled.
    20    §  8.  The closing paragraph of subdivision 5-a of section 3602 of the
    21  education law, as amended by section 14 of part A of chapter 56  of  the
    22  laws of 2022, is amended to read as follows:
    23    For the two thousand eight--two thousand nine school year, each school
    24  district  shall  be entitled to an apportionment equal to the product of
    25  fifteen percent and the additional apportionment  computed  pursuant  to
    26  this  subdivision  for the two thousand seven--two thousand eight school
    27  year. For the two thousand nine--two thousand ten [through two  thousand
    28  twenty-two--two thousand twenty-three] school [years] year and thereaft-
    29  er  each  school district shall be entitled to an apportionment equal to
    30  the amount set forth for  such  school  district  as  "SUPPLEMENTAL  PUB
    31  EXCESS  COST"  under  the heading "2008-09 BASE YEAR AIDS" in the school
    32  aid computer listing produced by the  commissioner  in  support  of  the
    33  budget for the two thousand nine--two thousand ten school year and enti-
    34  tled "SA0910".
    35    §  9.  Paragraph b of subdivision 6-c of section 3602 of the education
    36  law, as amended by section 11 of part CCC of chapter 59 of the  laws  of
    37  2018, is amended to read as follows:
    38    b.  For  projects  approved  by the commissioner authorized to receive
    39  additional building aid pursuant to this subdivision for the purchase of
    40  stationary metal detectors, security cameras or other  security  devices
    41  approved  by  the  commissioner that increase the safety of students and
    42  school personnel, provided that for  purposes  of  this  paragraph  such
    43  other  security  devices shall be limited to electronic security systems
    44  and hardened doors, and provided  that  for  projects  approved  by  the
    45  commissioner  on  or  after  the first day of July two thousand thirteen
    46  [and before the first day of July two thousand twenty-three] such  addi-
    47  tional  aid  shall  equal  the  product  of  (i)  the building aid ratio
    48  computed for use in the current year pursuant to paragraph c of subdivi-
    49  sion six of this section plus ten percentage points, except that  in  no
    50  case  shall  this amount exceed one hundred percent, and (ii) the actual
    51  approved expenditures incurred in the base year pursuant to this  subdi-
    52  vision,  provided  that the limitations on cost allowances prescribed by
    53  paragraph a of subdivision six of this  section  shall  not  apply,  and
    54  provided  further  that  any projects aided under this paragraph must be
    55  included in a district's school  safety  plan.  The  commissioner  shall
    56  annually  prescribe  a  special  cost allowance for metal detectors, and

        S. 4006--C                         12                         A. 3006--C
 
     1  security cameras, and the approved expenditures shall  not  exceed  such
     2  cost allowance.
     3    §  10.  Paragraph i of subdivision 12 of section 3602 of the education
     4  law, as amended by section 15 of part A of chapter 56  of  the  laws  of
     5  2022, is amended to read as follows:
     6    i.  For  the  two  thousand twenty-one--two thousand twenty-two school
     7  year [and] through the two thousand [twenty-two] twenty-three--two thou-
     8  sand [twenty-three] twenty-four school year, each school district  shall
     9  be  entitled  to an apportionment equal to the amount set forth for such
    10  school district as "ACADEMIC ENHANCEMENT"  under  the  heading  "2020-21
    11  ESTIMATED  AIDS"  in  the  school  aid  computer listing produced by the
    12  commissioner in support of the budget for the two  thousand  twenty--two
    13  thousand  twenty-one school year and entitled "SA202-1", and such appor-
    14  tionment shall be deemed to satisfy the state obligation to  provide  an
    15  apportionment  pursuant  to  subdivision  eight  of  section  thirty-six
    16  hundred forty-one of this article.
    17    § 11. The opening paragraph of subdivision 16 of section 3602  of  the
    18  education  law,  as amended by section 16 of part A of chapter 56 of the
    19  laws of 2022, is amended to read as follows:
    20    Each school district shall be eligible  to  receive  a  high  tax  aid
    21  apportionment  in the two thousand eight--two thousand nine school year,
    22  which shall equal the greater of (i) the sum of the tier 1 high tax  aid
    23  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
    24  tax  aid apportionment or (ii) the product of the apportionment received
    25  by the school district pursuant to this subdivision in the two  thousand
    26  seven--two  thousand  eight  school  year, multiplied by the due-minimum
    27  factor, which shall equal, for districts with an alternate pupil  wealth
    28  ratio  computed  pursuant  to  paragraph  b of subdivision three of this
    29  section that is less than two, seventy percent (0.70), and for all other
    30  districts, fifty percent (0.50). Each school district shall be  eligible
    31  to  receive  a  high tax aid apportionment in the two thousand nine--two
    32  thousand ten through two thousand twelve--two thousand  thirteen  school
    33  years in the amount set forth for such school district as "HIGH TAX AID"
    34  under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
    35  listing produced by the commissioner in support of the  budget  for  the
    36  two  thousand  nine--two thousand ten school year and entitled "SA0910".
    37  Each school district shall be eligible to receive a high tax aid  appor-
    38  tionment in the two thousand thirteen--two thousand fourteen through two
    39  thousand  [twenty-two] twenty-three--two thousand [twenty-three] twenty-
    40  four school years equal to the greater of (1) the amount set  forth  for
    41  such  school  district as "HIGH TAX AID" under the heading "2008-09 BASE
    42  YEAR AIDS" in the school aid computer listing produced  by  the  commis-
    43  sioner  in support of the budget for the two thousand nine--two thousand
    44  ten school year and entitled "SA0910" or (2) the amount  set  forth  for
    45  such  school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
    46  MATED AIDS" in the school aid computer listing produced by  the  commis-
    47  sioner  in  support  of the executive budget for the 2013-14 fiscal year
    48  and entitled "BT131-4".
    49    § 12. Section 3602-e of the education law is amended by adding  a  new
    50  subdivision 3 to read as follows:
    51    3.  Beginning  in  the two thousand twenty-three--two thousand twenty-
    52  four school year, all school districts  shall  annually  report  to  the
    53  commissioner:  (i)  the number of four-year-old prekindergarten students
    54  the district  intends  to  serve  in  full-day  and  half-day  slots  in
    55  district-operated  prekindergarten  programs in the current school year;
    56  (ii) the number of four-year-old prekindergarten students  the  district

        S. 4006--C                         13                         A. 3006--C
 
     1  intends  to  serve  in  full-day  and  half-day slots in prekindergarten
     2  programs operated by community-based organizations in the current school
     3  year; (iii) the number of four-year-old prekindergarten students in  the
     4  current  school  year  the  district is unable to serve due to a lack of
     5  capacity; (iv) the reason for the lack of capacity, including the avail-
     6  ability of appropriate space, facilities, and staff; and (v)  any  other
     7  information available to districts and determined by the commissioner to
     8  be  necessary  to accurately estimate the unmet demand for four-year-old
     9  prekindergarten programs within a district. School  districts  that  are
    10  eligible to receive an apportionment under this section or section thir-
    11  ty-six  hundred two-ee of this part but have not claimed the full appor-
    12  tionment shall include in the report to the commissioner information  on
    13  barriers  to implementing new or expanding existing universal prekinder-
    14  garten programs despite available funding.  Such report shall be due  on
    15  or before September first of each year and shall be collected as part of
    16  the  application submitted pursuant to subdivision five of this section.
    17  Beginning November first, two thousand  twenty-three,  the  commissioner
    18  shall  annually submit a report to the governor, the temporary president
    19  of the senate, and the  speaker  of  the  assembly  on  the  information
    20  reported by districts.
    21    §  12-a.  Section  408 of the education law is amended by adding a new
    22  subdivision 7 to read as follows:
    23    7.  The  commissioner  shall  issue  guidance  informing  all   school
    24  districts of the manner in which building aid may be utilized to support
    25  district-operated   universal   prekindergarten   programs  pursuant  to
    26  sections thirty-six hundred two-e and thirty-six hundred two-ee of  this
    27  chapter.
    28    § 13. Subdivision 20 of section 3602-e of the education law is amended
    29  by adding a new paragraph b to read as follows:
    30    b. Two thousand twenty-three--two thousand twenty-four school year.
    31    (i) The universal prekindergarten expansion for the two thousand twen-
    32  ty-three--two  thousand  twenty-four school year shall be equal to twice
    33  the product of (1) expansion slots multiplied by (2)  selected  aid  per
    34  prekindergarten  pupil  calculated pursuant to subparagraph (i) of para-
    35  graph b of subdivision ten of this section for the two thousand  twenty-
    36  three--two thousand twenty-four school year.
    37    (ii)  For purposes of this paragraph, "expansion slots" shall be slots
    38  for new full-day four-year-old prekindergarten pupils  for  purposes  of
    39  subparagraph  (ii)  of  paragraph  b of subdivision ten of this section.
    40  Expansion slots shall be equal to the positive difference,  if  any,  of
    41  (1) the product of eight hundred ninety-seven thousandths (0.897) multi-
    42  plied  by  unserved  four-year-old  prekindergarten pupils as defined in
    43  subparagraph (iv) of paragraph b of subdivision ten of this section less
    44  (2) the sum of four-year-old students served plus the underserved count.
    45  If such expansion slots are greater than or equal to ten but  less  than
    46  twenty, the expansion slots shall be twenty; if such expansion slots are
    47  less  than ten, the expansion slots shall be zero; and for a city school
    48  district in a city having a population  of  one  million  or  more,  the
    49  expansion slots shall be zero.
    50    (iii)  For purposes of this paragraph, "four-year-old students served"
    51  shall be equal to the sum of (1) the number  of  four-year-old  students
    52  served in full-day and half-day settings in a state funded program which
    53  must meet the requirements of this section as reported to the department
    54  for  the  two  thousand twenty-one--two thousand twenty-two school year,
    55  plus (2)  the  number  of  four-year-old  students  served  in  full-day
    56  settings  in  a state funded program which must meet the requirements of

        S. 4006--C                         14                         A. 3006--C
 
     1  section thirty-six hundred two-ee of this part and for which grants were
     2  awarded prior to the two thousand twenty--two thousand twenty-one school
     3  year, plus (3) the number of expansion slots allocated pursuant to para-
     4  graph  b of subdivision nineteen of this section, plus (4) the number of
     5  expansion slots allocated pursuant to paragraph a of  this  subdivision,
     6  plus  (5)  the maximum number of students that may be served in full-day
     7  prekindergarten programs funded by grants which must meet  the  require-
     8  ments  of  section  thirty-six  hundred  two-ee  of this part for grants
     9  awarded in the two thousand twenty-one--two thousand twenty-two  or  two
    10  thousand twenty-two--two thousand twenty-three school year.
    11    (iv)  For  purposes  of this paragraph, the underserved count shall be
    12  equal to the positive difference, if any, of (1) the sum of (a) eligible
    13  full-day four-year-old prekindergarten pupils as defined in subparagraph
    14  (ii) of paragraph b of subdivision ten of this section for the two thou-
    15  sand twenty-one--two thousand twenty-two school year, plus (b) the prod-
    16  uct of five-tenths (0.5) and the eligible half-day four-year-old prekin-
    17  dergarten pupils as defined in subparagraph  (iii)  of  paragraph  b  of
    18  subdivision  ten  of  this  section for the two thousand twenty-one--two
    19  thousand twenty-two school year, less (2) the positive difference of (a)
    20  the number of four-year-old students served  in  full-day  and  half-day
    21  settings  in  a state-funded program which must meet the requirements of
    22  this section as reported to the department for the two thousand  twenty-
    23  one--two  thousand twenty-two school year, with students served in half-
    24  day settings multiplied by five-tenths (0.5), less  (b)  the  number  of
    25  pupils  served  in  a  conversion  slot  pursuant  to section thirty-six
    26  hundred two-ee of this part in the two thousand twenty-one--two thousand
    27  twenty-two school year multiplied by five-tenths (0.5).
    28    § 14. Paragraph d of subdivision 12 of section 3602-e of the education
    29  law, as amended by section 17-b of part A of chapter 56 of the  laws  of
    30  2022, is amended to read as follows:
    31    d. transitional guidelines and rules which allow a program to meet the
    32  required  staff  qualifications  and  any  other  requirements set forth
    33  pursuant to this section and regulations adopted by the board of regents
    34  and the commissioner; provided that such guidelines  include  an  annual
    35  process  by  which  a district may apply to the commissioner by [August]
    36  September first of the current school year for a waiver that would allow
    37  personnel employed by an eligible agency that is  collaborating  with  a
    38  school  district  to provide prekindergarten services and licensed by an
    39  agency other than the  department,  to  meet  the  staff  qualifications
    40  prescribed  by  the  licensing or registering agency. Provided, further,
    41  that the commissioner shall annually  submit  a  report  by  [September]
    42  November first to the chairperson of the assembly ways and means commit-
    43  tee, the chairperson of the senate finance committee and the director of
    44  the  budget which shall include but not be limited to the following: (a)
    45  a listing of the school districts receiving a waiver  pursuant  to  this
    46  paragraph  from  the  commissioner  for the current school year; (b) the
    47  number and proportion of students within each district receiving a waiv-
    48  er pursuant to this paragraph for  the  current  school  year  that  are
    49  receiving instruction from personnel employed by an eligible agency that
    50  is  collaborating  with  a  school  district  to provide prekindergarten
    51  services and licensed by an agency other than the  department;  and  (c)
    52  the  number  and  proportion of total prekindergarten personnel for each
    53  school district that are providing instructional  services  pursuant  to
    54  this  paragraph  that are employed by an eligible agency that is collab-
    55  orating with a school district to provide prekindergarten  services  and

        S. 4006--C                         15                         A. 3006--C
 
     1  licensed by an agency other than the department, to meet the staff qual-
     2  ifications prescribed by the licensing or registering agency.
     3    §  15. Paragraph (c) of subdivision 8 of section 3602-ee of the educa-
     4  tion law, as amended by section 17-a of part A of chapter 56 of the laws
     5  of 2022, is amended to read as follows:
     6    (c) for eligible agencies as defined in paragraph b of subdivision one
     7  of section thirty-six hundred two-e of this part that are not schools, a
     8  bachelor's degree in early childhood education. Provided however, begin-
     9  ning with the two thousand twenty-two--two thousand twenty-three  school
    10  year,  a  school  district  may  annually  apply  to the commissioner by
    11  [August] September first of the current school year for  a  waiver  that
    12  would allow personnel employed by an eligible agency that is collaborat-
    13  ing  with  a  school  district  to  provide prekindergarten services and
    14  licensed by an agency other than the department, to meet the staff qual-
    15  ifications prescribed by the licensing or registering  agency.  Provided
    16  further that the commissioner shall annually submit a report by [Septem-
    17  ber]  November  first  to the chairperson of the assembly ways and means
    18  committee, the chairperson of  the  senate  finance  committee  and  the
    19  director  of  the  budget  which shall include but not be limited to the
    20  following: (a) a listing of the  school  districts  receiving  a  waiver
    21  pursuant  to this paragraph from the commissioner for the current school
    22  year; (b) the number and proportion of  students  within  each  district
    23  receiving  a  waiver  pursuant  to this paragraph for the current school
    24  year that are receiving instruction from personnel employed by an eligi-
    25  ble agency that is collaborating with a school district to provide prek-
    26  indergarten services and licensed by an agency other  than  the  depart-
    27  ment;  and  (c)  the  number  and  proportion  of  total prekindergarten
    28  personnel for each school  district  that  are  providing  instructional
    29  services  pursuant  to  this  paragraph that are employed by an eligible
    30  agency that is collaborating with a school district to  provide  prekin-
    31  dergarten  services and licensed by an agency other than the department,
    32  to meet the staff qualifications prescribed by the licensing  or  regis-
    33  tering agency.
    34    §  16.  Subdivision  16  of  section  3602-ee of the education law, as
    35  amended by section 17 of part A of chapter 56 of the laws  of  2022,  is
    36  amended to read as follows:
    37    16.  The authority of the department to administer the universal full-
    38  day pre-kindergarten program shall expire June thirtieth,  two  thousand
    39  [twenty-three] twenty-four; provided that the program shall continue and
    40  remain in full effect.
    41    § 17. Intentionally omitted.
    42    § 18. The opening paragraph of section 3609-a of the education law, as
    43  amended  by  section  19 of part A of chapter 56 of the laws of 2022, is
    44  amended to read as follows:
    45    For aid payable in the two thousand seven--two thousand  eight  school
    46  year  through  the  two thousand [twenty-two] twenty-three--two thousand
    47  [twenty-three] twenty-four school year, "moneys apportioned" shall  mean
    48  the  lesser  of  (i)  the  sum  of one hundred percent of the respective
    49  amount set forth for each school district as payable  pursuant  to  this
    50  section in the school aid computer listing for the current year produced
    51  by  the  commissioner in support of the budget which includes the appro-
    52  priation for the general support for public schools for  the  prescribed
    53  payments  and  individualized  payments due prior to April first for the
    54  current year plus the apportionment payable during  the  current  school
    55  year  pursuant  to  subdivision six-a and subdivision fifteen of section
    56  thirty-six hundred two of this part minus any reductions to current year

        S. 4006--C                         16                         A. 3006--C

     1  aids pursuant to subdivision seven of section thirty-six hundred four of
     2  this part or any deduction from apportionment payable pursuant  to  this
     3  chapter  for  collection  of  a  school  district  basic contribution as
     4  defined  in  subdivision eight of section forty-four hundred one of this
     5  chapter, less any grants provided  pursuant  to  subparagraph  two-a  of
     6  paragraph  b  of  subdivision  four of section ninety-two-c of the state
     7  finance law, less any grants provided pursuant to  subdivision  five  of
     8  section  ninety-seven-nnnn  of  the  state  finance law, less any grants
     9  provided pursuant to subdivision twelve of  section  thirty-six  hundred
    10  forty-one  of  this article, or (ii) the apportionment calculated by the
    11  commissioner based on data on file at the time the payment is processed;
    12  provided however, that for the purposes of any payments made pursuant to
    13  this section prior to the first business day  of  June  of  the  current
    14  year,  moneys apportioned shall not include any aids payable pursuant to
    15  subdivisions six and fourteen,  if  applicable,  of  section  thirty-six
    16  hundred  two  of  this part as current year aid for debt service on bond
    17  anticipation notes and/or bonds first issued in the current year or  any
    18  aids  payable for full-day kindergarten for the current year pursuant to
    19  subdivision nine of section thirty-six hundred two  of  this  part.  The
    20  definitions  of  "base year" and "current year" as set forth in subdivi-
    21  sion one of section thirty-six hundred two of this part shall  apply  to
    22  this  section.  For aid payable in the two thousand [twenty-two] twenty-
    23  three--two thousand [twenty-three] twenty-four school year, reference to
    24  such "school aid computer listing for the current year" shall  mean  the
    25  printouts entitled ["SA222-3"] "SA232-4".
    26    § 18-a. Subdivision 4 of section 3627 of the education law, as amended
    27  by  section 11-b of part A of chapter 56 of the laws of 2022, is amended
    28  to read as follows:
    29    4. Notwithstanding any other provision of law  to  the  contrary,  any
    30  expenditures for transportation provided pursuant to this section in the
    31  two  thousand thirteen--two thousand fourteen school year and thereafter
    32  and otherwise eligible for transportation aid  pursuant  to  subdivision
    33  seven of section thirty-six hundred two of this article shall be consid-
    34  ered  approved  transportation expenses eligible for transportation aid,
    35  provided further that for the two thousand thirteen--two thousand  four-
    36  teen  school year such aid shall be limited to eight million one hundred
    37  thousand dollars and for the two thousand fourteen--two thousand fifteen
    38  school year such aid shall be limited to the sum of twelve  million  six
    39  hundred  thousand  dollars plus the base amount and for the two thousand
    40  fifteen--two thousand sixteen school year  through  two  thousand  eigh-
    41  teen--two thousand nineteen school year such aid shall be limited to the
    42  sum  of  eighteen  million eight hundred fifty thousand dollars plus the
    43  base amount and for  the  two  thousand  nineteen--two  thousand  twenty
    44  school  year  such  aid  shall be limited to the sum of nineteen million
    45  three hundred fifty thousand dollars plus the base amount  and  for  the
    46  two  thousand twenty--two thousand twenty-one school year such aid shall
    47  be limited to the sum of nineteen million eight hundred  fifty  thousand
    48  dollars  plus  the  base amount and for the two thousand twenty-two--two
    49  thousand twenty-three school year [and thereafter]  such  aid  shall  be
    50  limited  to  the  sum of twenty-two million three hundred fifty thousand
    51  dollars plus the base amount and for the two thousand  twenty-three--two
    52  thousand twenty-four school year and thereafter such aid shall be limit-
    53  ed  to  the  sum  of  twenty-four  million  eight hundred fifty thousand
    54  dollars plus the base amount. For purposes of  this  subdivision,  "base
    55  amount"  means  the  amount  of  transportation  aid  paid to the school
    56  district for expenditures incurred in the two thousand twelve--two thou-

        S. 4006--C                         17                         A. 3006--C

     1  sand thirteen school year for transportation that would have been eligi-
     2  ble for aid pursuant to this section had this section been in effect  in
     3  such  school  year, except that subdivision six of this section shall be
     4  deemed  not to have been in effect. And provided further that the school
     5  district shall  continue  to  annually  expend  for  the  transportation
     6  described  in  subdivision one of this section at least the expenditures
     7  used for the base amount.
     8    § 19. Section 3638 of the education law is amended  by  adding  a  new
     9  subdivision 7 to read as follows:
    10    7. Beginning in the two thousand twenty-four--two thousand twenty-five
    11  school  year, every school district shall annually submit to the commis-
    12  sioner a progress report on the implementation of  zero-emission  school
    13  buses  as  required  under  this  section  in a format prescribed by the
    14  commissioner and approved by the director  of  the  budget.  The  report
    15  shall  include,  but  not  be  limited to, (i) sufficiency of the school
    16  district's electric infrastructure  to  support  anticipated  electrical
    17  needs,  (ii)  the  availability  and installation of charging or fueling
    18  stations and other components and  capital  infrastructure  required  to
    19  support  the  transition  to  and  full  implementation of zero-emission
    20  school buses, (iii) whether the workforce development report pursuant to
    21  paragraph (c) of subdivision five of this section has been  created  and
    22  implemented,  (iv)  the  number  and  proportion of zero-emission school
    23  buses the school district or  any  contractor  providing  transportation
    24  services is utilizing in the current school year, and (v) the number and
    25  proportion  of  zero-emission  school  buses  purchased or leased by the
    26  school district or any contractor providing transportation  services  in
    27  the  current  school  year and the total anticipated number for the next
    28  two years. The progress report shall be due on or before August first of
    29  each year.  Beginning  October  first,  two  thousand  twenty-four,  the
    30  commissioner  shall annually submit a report to the governor, the tempo-
    31  rary president of the senate and the speaker  of  the  assembly  on  the
    32  progress  of implementation of zero-emission school buses as reported by
    33  the school districts.
    34    § 19-a. Subdivision 23 of section 1854 of the public authorities  law,
    35  as  added  by section 1 of subpart B of part B of chapter 56 of the laws
    36  of 2022, is  amended to read as follows:
    37    23. No later than December  thirty-first,  two  thousand  [twenty-six]
    38  twenty-five, and annually thereafter, the authority shall issue a report
    39  on  the availability of zero-emission school buses and charging or fuel-
    40  ing infrastructure that meet the criteria established in subdivision two
    41  of section thirty-six hundred thirty-eight of  the  education  law.  The
    42  authority  shall  provide technical assistance to school districts, upon
    43  request, in pursuing state and federal grants and other funding opportu-
    44  nities to support the purchase and contracting requirements set forth in
    45  subdivision two of section thirty-six hundred thirty-eight of the educa-
    46  tion law.
    47    § 20. Subdivision b of section 2 of chapter 756 of the  laws  of  1992
    48  relating  to funding a program for work force education conducted by the
    49  consortium for worker education in New York city, as amended by  section
    50  20  of  part  A of chapter 56 of the laws of 2022, is amended to read as
    51  follows:
    52    b. Reimbursement for programs approved in accordance with  subdivision
    53  a  of  this section for the reimbursement for the 2018--2019 school year
    54  shall not exceed 59.4 percent of the lesser of such approvable costs per
    55  contact hour or fourteen dollars and ninety-five cents per contact hour,
    56  reimbursement for the 2019--2020  school  year  shall  not  exceed  57.7

        S. 4006--C                         18                         A. 3006--C
 
     1  percent  of  the  lesser  of  such  approvable costs per contact hour or
     2  fifteen dollars sixty cents per  contact  hour,  reimbursement  for  the
     3  2020--2021  school  year  shall not exceed 56.9 percent of the lesser of
     4  such  approvable  costs  per contact hour or sixteen dollars and twenty-
     5  five cents per contact hour, reimbursement  for  the  2021--2022  school
     6  year  shall  not  exceed  56.0  percent of the lesser of such approvable
     7  costs per contact hour or sixteen dollars and forty  cents  per  contact
     8  hour,  [and]  reimbursement  for  the  2022--2023  school year shall not
     9  exceed 55.7 percent of the lesser of such approvable costs  per  contact
    10  hour or sixteen dollars and sixty cents per contact hour, and reimburse-
    11  ment for the 2023--2024 school year shall not exceed 54.7 percent of the
    12  lesser  of  such  approvable costs per contact hour or seventeen dollars
    13  and seventy cents per contact hour, and where a contact hour  represents
    14  sixty  minutes  of  instruction  services provided to an eligible adult.
    15  Notwithstanding any other provision of law  to  the  contrary,  for  the
    16  2018--2019  school  year such contact hours shall not exceed one million
    17  four hundred sixty-three thousand nine hundred sixty-three  (1,463,963);
    18  for  the  2019--2020 school year such contact hours shall not exceed one
    19  million  four  hundred  forty-four  thousand  four  hundred   forty-four
    20  (1,444,444); for the 2020--2021 school year such contact hours shall not
    21  exceed  one  million  four  hundred six thousand nine hundred twenty-six
    22  (1,406,926); for the 2021--2022 school year such contact hours shall not
    23  exceed one million four hundred sixteen thousand one hundred  twenty-two
    24  (1,416,122);  [and]  for  the  2022--2023 school year such contact hours
    25  shall not exceed one million four  hundred  six  thousand  nine  hundred
    26  twenty-six  (1,406,926); and for the 2023--2024 school year such contact
    27  hours shall not exceed one million three hundred forty-two thousand nine
    28  hundred seventy-five (1,342,975). Notwithstanding any other provision of
    29  law to the contrary, the apportionment calculated for  the  city  school
    30  district  of  the city of New York pursuant to subdivision 11 of section
    31  3602 of the education law shall be computed as  if  such  contact  hours
    32  provided  by  the  consortium  for  worker  education, not to exceed the
    33  contact hours set forth herein, were eligible for aid in accordance with
    34  the provisions of such subdivision 11 of section 3602 of  the  education
    35  law.
    36    § 21. Section 4 of chapter 756 of the laws of 1992 relating to funding
    37  a program for work force education conducted by the consortium for work-
    38  er education in New York city, is amended by adding a new subdivision bb
    39  to read as follows:
    40    bb.  The  provisions  of  this  subdivision  shall not apply after the
    41  completion of payments for the 2023--24 school year. Notwithstanding any
    42  inconsistent provisions of law,  the  commissioner  of  education  shall
    43  withhold  a  portion  of employment preparation education aid due to the
    44  city school district of the city of New York to support a portion of the
    45  costs of the work force education program. Such moneys shall be credited
    46  to the elementary and secondary education fund-local assistance  account
    47  and shall not exceed thirteen million dollars ($13,000,000).
    48    § 22. Section 6 of chapter 756 of the laws of 1992 relating to funding
    49  a program for work force education conducted by the consortium for work-
    50  er  education  in  New  York city, as amended by section 22 of part A of
    51  chapter 56 of the laws of 2022, is amended to read as follows:
    52    § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
    53  repealed [on] June 30, [2023] 2024.
    54    §  22-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
    55  tion law, as amended by section 22-a of part A of chapter 56 of the laws
    56  of 2022, is amended to read as follows:

        S. 4006--C                         19                         A. 3006--C
 
     1    a-1. Notwithstanding the provisions of paragraph a  of  this  subdivi-
     2  sion, for aid payable in the school years two thousand--two thousand one
     3  through  two  thousand nine--two thousand ten, and two thousand eleven--
     4  two thousand twelve through two thousand [twenty-two]  twenty-three--two
     5  thousand  [twenty-three]  twenty-four, the commissioner may set aside an
     6  amount not to exceed two million five hundred thousand dollars from  the
     7  funds  appropriated  for purposes of this subdivision for the purpose of
     8  serving persons twenty-one years of age  or  older  who  have  not  been
     9  enrolled  in any school for the preceding school year, including persons
    10  who have received a high  school  diploma  or  high  school  equivalency
    11  diploma  but  fail  to  demonstrate  basic  educational  competencies as
    12  defined in regulation by the commissioner,  when  measured  by  accepted
    13  standardized tests, and who shall be eligible to attend employment prep-
    14  aration education programs operated pursuant to this subdivision.
    15    § 23. Intentionally omitted.
    16    §  24.  Section  12  of  chapter  147 of the laws of 2001 amending the
    17  education law relating to conditional appointment  of  school  district,
    18  charter school or BOCES employees, as amended by section 24 of part A of
    19  chapter 56 of the laws of 2022, is amended to read as follows:
    20    §  12.  This  act shall take effect on the same date as chapter 180 of
    21  the laws of 2000 takes effect[, and shall expire July 1, 2023 when  upon
    22  such date the provisions of this act shall be deemed repealed].
    23    §  25. Section 12 of part C of chapter 56 of the laws of 2020  direct-
    24  ing the commissioner of education to appoint   a   monitor    for    the
    25  Rochester city  school district,  establishing  the  powers  and  duties
    26  of  such  monitor and certain other officers and relating to the  appor-
    27  tionment  of aid   to such   school   district, is amended  to  read  as
    28  follows:
    29    §  12. This act shall take effect immediately, provided, however, that
    30  sections two, three, four, five, six, seven, eight, nine and ten of this
    31  act shall expire and be  deemed  repealed  June  30,  [2023]  2025;  and
    32  provided further, however that sections one and eleven of this act shall
    33  expire and be deemed repealed June 30, 2049.
    34    § 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws
    35  of  2004  relating to the support of education, as amended by section 37
    36  of part A of chapter 56 of the laws of  2020,  is  amended  to  read  as
    37  follows:
    38    11.  section  seventy-one  of  this  act  shall  expire  and be deemed
    39  repealed June 30, [2023] 2028;
    40    § 27. 1. The state education department shall conduct a  comprehensive
    41  study  of  alternative  tuition  rate-setting methodologies for approved
    42  providers operating school-age programs receiving funding under  article
    43  81  and article 89 of the education law and providers operating approved
    44  preschool special education programs under section 4410 of the education
    45  law. The state education department shall ensure that such study consid-
    46  er stakeholder feedback and include, but not be limited  to,  a  compar-
    47  ative  analysis of rate-setting methodologies utilized by other agencies
    48  of the  state  of  New  York,  including  the  rate-setting  methodology
    49  utilized by the office of children and family services for private resi-
    50  dential  school programs; options and recommendations for an alternative
    51  rate-setting methodology  or  methodologies;  cost  estimates  for  such
    52  alternative  methodologies;  and an analysis of current provider tuition
    53  rates compared to tuition rates that would  be  established  under  such
    54  alternative methodologies.
    55    2.  At a minimum, any recommended alternative rate-setting methodology
    56  or methodologies proposed for such  preschool  and  school-age  programs

        S. 4006--C                         20                         A. 3006--C
 
     1  shall:  (a) be fiscally sustainable for such programs, school districts,
     2  counties, and the state; (b) substantially restrict or eliminate tuition
     3  rate appeals; (c) establish predictable tuition rates  that  are  calcu-
     4  lated  based on standardized parameters and criteria, including, but not
     5  limited to, defined program and staffing  models,  regional  costs,  and
     6  minimum  required enrollment levels as a percentage of program operating
     7  capacities; (d) include a schedule to phase  in  new  tuition  rates  in
     8  accordance  with  the  recommended methodology or methodologies; and (e)
     9  ensure tuition rates for all programs can be calculated  no  later  than
    10  the beginning of each school year.
    11    3.  The  state  education department shall present its recommendations
    12  and analysis to the governor, the director of the division of the  budg-
    13  et,  the temporary president of the senate, the speaker of the assembly,
    14  the chairperson of the senate finance committee, and the chairperson  of
    15  the  assembly  ways  and  means  committee  no  later than July 1, 2025.
    16  Adoption of any alternative rate-setting methodologies shall be  subject
    17  to the approval of the director of the division of the budget.
    18    § 28. Intentionally omitted.
    19    §  29.  Special  apportionment for salary expenses. 1. Notwithstanding
    20  any other provision of law, upon  application  to  the  commissioner  of
    21  education,  not  sooner  than  the first day of the second full business
    22  week of June 2024 and not later than the last  day  of  the  third  full
    23  business week of June 2024, a school district eligible for an apportion-
    24  ment  pursuant to section 3602 of the education law shall be eligible to
    25  receive an apportionment pursuant to this section, for the  school  year
    26  ending  June  30, 2024, for salary expenses incurred between April 1 and
    27  June 30, 2023 and such apportionment shall not exceed the sum of (a) the
    28  deficit reduction assessment of 1990--1991 as determined by the  commis-
    29  sioner of education, pursuant to paragraph f of subdivision 1 of section
    30  3602  of the education law, as in effect through June 30, 1993, plus (b)
    31  186 percent of such amount for a city school district in a city  with  a
    32  population  in  excess of 1,000,000 inhabitants, plus (c) 209 percent of
    33  such amount for a city school district in a city with  a  population  of
    34  more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
    35  ing to the latest federal census,  plus  (d)  the  net  gap  elimination
    36  adjustment  for  2010--2011, as determined by the commissioner of educa-
    37  tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
    38  nation adjustment for 2011-- 2012 as determined by the  commissioner  of
    39  education  pursuant  to  subdivision 17 of section 3602 of the education
    40  law, and provided further that such apportionment shall not exceed  such
    41  salary  expenses.   Such application shall be made by a school district,
    42  after the board of education or trustees have adopted a resolution to do
    43  so and in the case of a city school district in a city with a population
    44  in excess of 125,000 inhabitants, with the approval of the mayor of such
    45  city.
    46    2. The claim for an apportionment to be  paid  to  a  school  district
    47  pursuant  to  subdivision  1  of  this section shall be submitted to the
    48  commissioner of education on a form prescribed  for  such  purpose,  and
    49  shall  be  payable upon determination by such commissioner that the form
    50  has been submitted as prescribed. Such approved amounts shall be payable
    51  on the same day in September of the school year following  the  year  in
    52  which  application was made as funds provided pursuant to subparagraph 4
    53  of paragraph b of subdivision 4 of section 92-c  of  the  state  finance
    54  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    55  certified or approved by the commissioner of  education  in  the  manner
    56  prescribed  by  law  from  moneys in the state lottery fund and from the

        S. 4006--C                         21                         A. 3006--C
 
     1  general fund to the extent that the amount paid  to  a  school  district
     2  pursuant  to  this  section  exceeds the amount, if any, due such school
     3  district pursuant to subparagraph 2 of paragraph a of subdivision  1  of
     4  section  3609-a  of  the  education law in the school year following the
     5  year in which application was made.
     6    3. Notwithstanding the provisions of section 3609-a of  the  education
     7  law, an amount equal to the amount paid to a school district pursuant to
     8  subdivisions  1  and  2 of this section shall first be deducted from the
     9  following payments due  the  school  district  during  the  school  year
    10  following  the  year  in which application was made pursuant to subpara-
    11  graphs 1, 2, 3, 4 and 5 of paragraph  a  of  subdivision  1  of  section
    12  3609-a  of  the education law in the following order: the lottery appor-
    13  tionment payable pursuant to subparagraph 2 of such  paragraph  followed
    14  by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
    15  paragraph and then followed by the district's payments to the  teachers'
    16  retirement  system pursuant to subparagraph 1 of such paragraph, and any
    17  remainder to be  deducted  from  the  individualized  payments  due  the
    18  district  pursuant  to paragraph b of such subdivision shall be deducted
    19  on a chronological basis starting with  the  earliest  payment  due  the
    20  district.
    21    §  30. Special apportionment for public pension accruals. 1.  Notwith-
    22  standing any other provision of law, upon application to the commission-
    23  er of education, not later than June 30, 2024, a school district  eligi-
    24  ble  for  an apportionment pursuant to section 3602 of the education law
    25  shall be eligible to receive an apportionment pursuant to this  section,
    26  for  the  school  year ending June 30, 2024 and such apportionment shall
    27  not exceed the  additional  accruals  required  to  be  made  by  school
    28  districts  in the 2004--2005 and 2005--2006 school years associated with
    29  changes for such public pension liabilities. The amount  of  such  addi-
    30  tional  accrual  shall  be certified to the commissioner of education by
    31  the president of the board of education or the trustees or, in the  case
    32  of  a  city  school  district  in  a city with a population in excess of
    33  125,000 inhabitants, the mayor of such city. Such application  shall  be
    34  made by a school district, after the board of education or trustees have
    35  adopted  a resolution to do so and in the case of a city school district
    36  in a city with a population in excess of 125,000 inhabitants,  with  the
    37  approval of the mayor of such city.
    38    2.  The  claim  for  an  apportionment to be paid to a school district
    39  pursuant to subdivision 1 of this section  shall  be  submitted  to  the
    40  commissioner  of  education  on  a form prescribed for such purpose, and
    41  shall be payable upon determination by such commissioner that  the  form
    42  has been submitted as prescribed. Such approved amounts shall be payable
    43  on  the  same  day in September of the school year following the year in
    44  which application was made as funds provided pursuant to subparagraph  4
    45  of  paragraph  b  of  subdivision 4 of section 92-c of the state finance
    46  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    47  certified  or  approved  by  the commissioner of education in the manner
    48  prescribed by law from moneys in the state lottery  fund  and  from  the
    49  general  fund  to  the  extent that the amount paid to a school district
    50  pursuant to this section exceeds the amount, if  any,  due  such  school
    51  district  pursuant  to subparagraph 2 of paragraph a of subdivision 1 of
    52  section 3609-a of the education law in the  school  year  following  the
    53  year in which application was made.
    54    3.  Notwithstanding  the provisions of section 3609-a of the education
    55  law, an amount equal to the amount paid to a school district pursuant to
    56  subdivisions 1 and 2 of this section shall first be  deducted  from  the

        S. 4006--C                         22                         A. 3006--C
 
     1  following  payments  due  the  school  district  during  the school year
     2  following the year in which application was made  pursuant  to  subpara-
     3  graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
     4  3609-a  of  the education law in the following order: the lottery appor-
     5  tionment payable pursuant to subparagraph 2 of such  paragraph  followed
     6  by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
     7  paragraph and then followed by the district's payments to the  teachers'
     8  retirement  system pursuant to subparagraph 1 of such paragraph, and any
     9  remainder to be  deducted  from  the  individualized  payments  due  the
    10  district  pursuant  to paragraph b of such subdivision shall be deducted
    11  on a chronological basis starting with  the  earliest  payment  due  the
    12  district.
    13    §  30-a. Subdivision a of section 5 of chapter 121 of the laws of 1996
    14  relating to authorizing the Roosevelt  union  free  school  district  to
    15  finance  deficits by the issuance of serial bonds, as amended by section
    16  30-a  of part A of chapter 56 of the laws of 2022, is amended to read as
    17  follows:
    18    a. Notwithstanding any other provisions of law,  upon  application  to
    19  the  commissioner of education submitted not sooner than April first and
    20  not later than June thirtieth of the applicable school year, the  Roose-
    21  velt  union  free school district shall be eligible to receive an appor-
    22  tionment pursuant to this chapter for salary expenses, including related
    23  benefits, incurred between April first and June thirtieth of such school
    24  year.  Such apportionment shall not exceed: for the 1996-97 school  year
    25  through   the  [2022-23]  2023-24  school  year,  four  million  dollars
    26  ($4,000,000); for the  [2023-24]  2024-25  school  year,  three  million
    27  dollars ($3,000,000); for the [2024-25] 2025-26 school year, two million
    28  dollars ($2,000,000); for the [2025-26] 2026-27 school year, one million
    29  dollars  ($1,000,000);  and  for the [2026-27] 2027-28 school year, zero
    30  dollars.   Such annual application shall be  made  after  the  board  of
    31  education  has  adopted  a  resolution to do so with the approval of the
    32  commissioner of education.
    33    § 30-b. Certain apportionments payable to the Mount Vernon city school
    34  district shall be paid on an accelerated schedule as follows:
    35    a. (1) Notwithstanding any other provisions of law, for aid payable in
    36  the school years 2022-2023 through 2051-2052  upon  application  to  the
    37  commissioner of education submitted not sooner than the second Monday in
    38  June  of the school year in which such aid is payable and not later than
    39  the Friday following the third Monday in June  of  the  school  year  in
    40  which  such aid is payable, or ten days after the effective date of this
    41  act, whichever shall be later, the Mount  Vernon  city  school  district
    42  shall be eligible to receive an apportionment pursuant to this act in an
    43  amount  up  to  the product of five million dollars ($5,000,000) and the
    44  quotient of the positive difference of thirty minus the number of school
    45  years elapsed since the 2022-2023 school year  divided  by  thirty.  (2)
    46  Funds  apportioned  pursuant  to  this  subdivision  shall  be  used for
    47  services and expenses of the Mount Vernon city school district and shall
    48  be applied to support of its  educational  programs  and  any  liability
    49  incurred  by such city school district in carrying out its functions and
    50  responsibilities under the education law.
    51    b. The claim for an apportionment to be paid to the Mount Vernon  city
    52  school  district  pursuant  to  subdivision  a  of this section shall be
    53  submitted to the commissioner of education on a form prescribed for such
    54  purpose, and shall be payable upon determination  by  such  commissioner
    55  that  the  form  has  been  submitted  as prescribed and that the school
    56  district has complied with the reporting requirements of this  act.  For

        S. 4006--C                         23                         A. 3006--C
 
     1  each  school year in which application is made pursuant to subdivision a
     2  of this section, such approved amount shall be payable on or before June
     3  thirtieth of such school year upon the audit and warrant  of  the  state
     4  comptroller  on  vouchers  certified  or approved by the commissioner of
     5  education in the manner prescribed by  law  from  moneys  in  the  state
     6  lottery fund appropriated for general support of public schools and from
     7  the  general fund to the extent that the amount paid to the Mount Vernon
     8  city school district pursuant to this subdivision and subdivision  a  of
     9  this  section  exceeds  the amount of the lottery apportionment, if any,
    10  due such school district pursuant to subparagraph 2 of  paragraph  a  of
    11  subdivision  1  of  section  3609-a  of  the  education law on or before
    12  September first of such school year.
    13    c. Notwithstanding the provisions of section 3609-a of  the  education
    14  law,  an amount equal to the amount paid to the Mount Vernon city school
    15  district during the base year pursuant to subdivisions a and b  of  this
    16  section  shall  first  be  deducted from payments due during the current
    17  school year pursuant to subparagraphs 1, 2, 3, 4 and 5 of paragraph a of
    18  subdivision 1 of section 3609-a of the education law  in  the  following
    19  order:  the  lottery apportionment payable pursuant to subparagraph 2 of
    20  such paragraph followed by the fixed fall payments payable  pursuant  to
    21  subparagraph  4 of such paragraph, and any remainder to be deducted from
    22  the individualized payments due to the district pursuant to paragraph  b
    23  of  such subdivision shall be deducted on a chronological basis starting
    24  with the earliest payment due the district.
    25    d. Notwithstanding any other provisions of law, the  sum  of  payments
    26  made  to  the  Mount  Vernon  city  school district during the base year
    27  pursuant to subdivisions a and b of this section plus payments  made  to
    28  such  school district during the current year pursuant to section 3609-a
    29  of the education law shall be deemed to truly represent all aids paid to
    30  such school district during the current school  year  pursuant  to  such
    31  section  3609-a  for  the  purposes of computing any adjustments to such
    32  aids that may occur in a subsequent school year.
    33    e. (1) On or before the first day of each month beginning in July 2023
    34  and ending in June 2053, the chief fiscal officer and the superintendent
    35  of schools of the Mount Vernon city school district  shall  prepare  and
    36  submit to the board of education a report of the fiscal condition of the
    37  school district, including but not limited to the most current available
    38  data on fund balances on funds maintained by the school district and the
    39  district's use of the apportionments provided pursuant to subdivisions a
    40  and b of this section.
    41    (2) Such monthly report shall be in a format prescribed by the commis-
    42  sioner  of  education.  The  board  of education shall either reject and
    43  return the report to the chief fiscal officer and the superintendent  of
    44  schools  for  appropriate revisions and resubmittal or shall approve the
    45  report and submit copies to the commissioner of education and the  state
    46  comptroller of such approved report as submitted or resubmitted.
    47    (3)  In the 2022-2023 through 2051-2052 school years, the chief fiscal
    48  officer of the Mount Vernon city school district shall monitor all budg-
    49  ets and for each budget, shall prepare a quarterly report of  summarized
    50  budget  data  depicting  overall  trends  of  actual revenues and budget
    51  expenditures for the entire budget as well  as  individual  line  items.
    52  Such  report  shall  compare revenue estimates and appropriations as set
    53  forth in such budget with the actual revenues and expenditures  made  to
    54  date.  All  quarterly  reports  shall be accompanied by a recommendation
    55  from the superintendent of schools or chief fiscal officer to the  board
    56  of education setting forth any remedial actions necessary to resolve any

        S. 4006--C                         24                         A. 3006--C
 
     1  unfavorable  budget variance including the overestimation of revenue and
     2  underestimation of appropriations. The chief fiscal officer  shall  also
     3  prepare,  as  part  of such report, a quarterly trial balance of general
     4  ledger accounts in accordance with generally accepted accounting princi-
     5  ples  as  prescribed  by  the  state  comptroller.  All reports shall be
     6  completed within sixty days after the end of each quarter and  shall  be
     7  submitted  to the chief fiscal officer and the board of education of the
     8  Mount Vernon city school district, the state  division  of  budget,  the
     9  office  of  the  state  comptroller,  the commissioner of education, the
    10  chair of the assembly ways and means committee  and  the  chair  of  the
    11  senate finance committee.
    12    §  31. The amounts specified in this section shall be a set-aside from
    13  the state funds which each such district is  receiving  from  the  total
    14  foundation aid:
    15    1.  for the development, maintenance or expansion of magnet schools or
    16  magnet school programs for the 2023--2024  school  year.  For  the  city
    17  school  district  of  the city of New York there shall be a set-aside of
    18  foundation aid equal to forty-eight  million  one  hundred  seventy-five
    19  thousand  dollars  ($48,175,000) including five hundred thousand dollars
    20  ($500,000) for the Andrew Jackson High  School;  for  the  Buffalo  city
    21  school   district,   twenty-one  million  twenty-five  thousand  dollars
    22  ($21,025,000); for the Rochester city school district,  fifteen  million
    23  dollars  ($15,000,000);  for the Syracuse city school district, thirteen
    24  million dollars ($13,000,000); for the  Yonkers  city  school  district,
    25  forty-nine  million five hundred thousand dollars ($49,500,000); for the
    26  Newburgh city school district, four million six hundred forty-five thou-
    27  sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
    28  two million four hundred seventy-five thousand dollars ($2,475,000); for
    29  the Mount Vernon city school district, two million dollars ($2,000,000);
    30  for  the New Rochelle city school district, one million four hundred ten
    31  thousand dollars ($1,410,000); for the Schenectady city school district,
    32  one million eight hundred thousand dollars ($1,800,000);  for  the  Port
    33  Chester  city  school  district,  one million one hundred fifty thousand
    34  dollars ($1,150,000); for the White Plains city  school  district,  nine
    35  hundred  thousand  dollars ($900,000); for the Niagara Falls city school
    36  district, six hundred thousand dollars ($600,000); for the  Albany  city
    37  school  district,  three  million  five  hundred  fifty thousand dollars
    38  ($3,550,000); for the Utica city school district,  two  million  dollars
    39  ($2,000,000);  for  the Beacon city school district, five hundred sixty-
    40  six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
    41  district,  four  hundred  thousand  dollars ($400,000); for the Freeport
    42  union free school district, four hundred  thousand  dollars  ($400,000);
    43  for  the  Greenburgh  central  school  district,  three hundred thousand
    44  dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
    45  hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
    46  district, two hundred thousand dollars ($200,000); and  for  the  Hudson
    47  city school district, four hundred thousand dollars ($400,000).
    48    2.  Notwithstanding any inconsistent provision of law to the contrary,
    49  a school district setting aside such foundation  aid  pursuant  to  this
    50  section  may  use  such  set-aside  funds  for: (a) any instructional or
    51  instructional support costs associated with the operation  of  a  magnet
    52  school;  or (b) any instructional or instructional support costs associ-
    53  ated with implementation of an alternative approach to promote diversity
    54  and/or enhancement of the instructional program and raising of standards
    55  in elementary and secondary schools of school districts having  substan-
    56  tial concentrations of minority students.

        S. 4006--C                         25                         A. 3006--C

     1    3.  The  commissioner of education shall not be authorized to withhold
     2  foundation aid from a school district that used such funds in accordance
     3  with this subdivision, notwithstanding any inconsistency with a  request
     4  for  proposals issued by such commissioner for the purpose of attendance
     5  improvement  and  dropout prevention for the 2023--2024 school year, and
     6  for any city school district in a city having a population of more  than
     7  one  million,  the  set-aside  for  attendance  improvement  and dropout
     8  prevention shall equal the amount set aside in the base  year.  For  the
     9  2023--2024  school  year,  it  is  further provided that any city school
    10  district in a city having a population of more than  one  million  shall
    11  allocate  at  least  one-third  of any increase from base year levels in
    12  funds set aside pursuant to the requirements of this section to communi-
    13  ty-based organizations. Any increase required pursuant to  this  section
    14  to  community-based  organizations  must  be  in addition to allocations
    15  provided to community-based organizations in the base year.
    16    4. For the purpose of teacher support for the 2023--2024 school  year:
    17  for  the city school district of the city of New York, sixty-two million
    18  seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
    19  school district, one million seven hundred  forty-one  thousand  dollars
    20  ($1,741,000); for the Rochester city school district, one million seven-
    21  ty-six  thousand  dollars  ($1,076,000);  for  the  Yonkers  city school
    22  district,  one  million  one  hundred   forty-seven   thousand   dollars
    23  ($1,147,000);  and  for the Syracuse city school district, eight hundred
    24  nine thousand dollars ($809,000). All funds made available to  a  school
    25  district  pursuant  to  this section shall be distributed among teachers
    26  including prekindergarten teachers and teachers of adult vocational  and
    27  academic  subjects in accordance with this section and shall be in addi-
    28  tion to salaries heretofore or hereafter negotiated or  made  available;
    29  provided,  however,  that all funds distributed pursuant to this section
    30  for the current year shall be deemed to incorporate all  funds  distrib-
    31  uted  pursuant to former subdivision 27 of section 3602 of the education
    32  law for prior years. In school districts where the teachers are  repres-
    33  ented  by  certified  or  recognized  employee organizations, all salary
    34  increases funded pursuant to this section shall be determined  by  sepa-
    35  rate  collective  negotiations  conducted pursuant to the provisions and
    36  procedures of article 14 of the civil service law,  notwithstanding  the
    37  existence  of  a  negotiated  agreement  between a school district and a
    38  certified or recognized employee organization.
    39    § 32. Support of public libraries. The  moneys  appropriated  for  the
    40  support  of  public  libraries by a chapter of the laws of 2023 enacting
    41  the aid to localities budget shall  be  apportioned  for  the  2023-2024
    42  state  fiscal  year  in  accordance with the provisions of sections 271,
    43  272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
    44  provisions  of such chapter and the provisions of this section, provided
    45  that library construction aid pursuant to section 273-a of the education
    46  law shall not be payable from the  appropriations  for  the  support  of
    47  public libraries and provided further that no library, library system or
    48  program, as defined by the commissioner of education, shall receive less
    49  total  system  or  program  aid  than it received for the year 2001-2002
    50  except as a result of a reduction adjustment necessary to conform to the
    51  appropriations for support of public libraries.
    52    Notwithstanding any other provision of law to the contrary the  moneys
    53  appropriated  for the support of public libraries for the year 2023-2024
    54  by a chapter of the laws of 2023 enacting the aid to  localities  budget
    55  shall  fulfill  the state's obligation to provide such aid and, pursuant
    56  to a plan developed by the commissioner of education and approved by the

        S. 4006--C                         26                         A. 3006--C
 
     1  director of the budget, the aid payable to libraries and library systems
     2  pursuant to such appropriations  shall  be  reduced  proportionately  to
     3  ensure  that  the  total amount of aid payable does not exceed the total
     4  appropriations for such purpose.
     5    §  32-a.  Section  2  of  chapter 498 of the laws of 2011 amending the
     6  education law relating to the public library construction grant program,
     7  as amended by chapter 192 of the laws of 2019, is  amended  to  read  as
     8  follows:
     9    §  2. This act shall take effect on the first of April next succeeding
    10  the date on which it shall have become a law and  shall  expire  and  be
    11  deemed repealed March 31, [2023] 2026.
    12    §  33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of the
    13  laws of 2002 relating to the financial stability of the  Rochester  city
    14  school district, is amended to read as follows:
    15    (2)  Notwithstanding  any  other provisions of law, for aid payable in
    16  the 2002-03 through [2022-23] 2027-28 school years, an amount  equal  to
    17  twenty  million  dollars  ($20,000,000)  of  general  support for public
    18  schools otherwise due and payable to the Rochester city school  district
    19  on  or before September first of the applicable school year shall be for
    20  an entitlement period ending the immediately preceding June thirtieth.
    21    § 34. Severability. The provisions of this act shall be severable, and
    22  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    23  section  or  part  of  this  act  to any person or circumstance shall be
    24  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    25  judgment shall not necessarily affect, impair or invalidate the applica-
    26  tion of any such clause, sentence, paragraph, subdivision, section, part
    27  of  this  act  or  remainder  thereof,  as the case may be, to any other
    28  person or circumstance, but shall be confined in its  operation  to  the
    29  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    30  directly involved in the controversy in which such judgment  shall  have
    31  been rendered.
    32    §  35.  This act shall take effect immediately, and shall be deemed to
    33  have been in full force and effect on and after April 1, 2023, provided,
    34  however, that:
    35    1. Sections one, two, three-a, five, eight, nine, ten,  eleven,  four-
    36  teen,  fifteen,  sixteen,  eighteen, eighteen-a, twenty-two, thirty-one,
    37  and thirty-three of this act shall take effect July 1, 2023;
    38    2. Section twelve of this act shall expire and be deemed repealed June
    39  30, 2026;
    40    3. Section nineteen of this act shall expire and  be  deemed  repealed
    41  June 30, 2036; and
    42    4. The amendments to chapter 756 of the laws of 1992 relating to fund-
    43  ing  a  program  for  work force education conducted by a consortium for
    44  worker education in New York city made by sections twenty and twenty-one
    45  of this act shall not affect the repeal of such  chapter  and  shall  be
    46  deemed repealed therewith.
 
    47                                   PART B
 
    48    Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
    49  tion law is amended by adding a new  subparagraph  (4-a-1)  to  read  as
    50  follows:
    51    (4-a-1)  Notwithstanding  any law, rule, regulation or practice to the
    52  contrary and following the review and approval of the chancellor of  the
    53  state university or his or her designee, the board of trustees may annu-
    54  ally impose differential tuition rates on non-resident undergraduate and

        S. 4006--C                         27                         A. 3006--C

     1  graduate  rates  of  tuition for state-operated institutions for a three
     2  year period commencing with the two thousand twenty-three--two  thousand
     3  twenty-four  academic  year and ending in the two thousand twenty-five--
     4  two  thousand  twenty-six  academic  year,  provided that such rates are
     5  competitive with the rates of tuition charged by peer  institutions  and
     6  that  the  board of trustees annually provide the reason and methodology
     7  behind any rate increase to the governor, the temporary president of the
     8  senate, and the speaker of the assembly prior to the  approval  of  such
     9  increases.
    10    §  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
    11  law is amended by adding a new subparagraph (vi) to read as follows:
    12    (vi) Notwithstanding any law, rule,  regulation  or  practice  to  the
    13  contrary,  commencing  with  the two thousand twenty-three--two thousand
    14  twenty-four academic year and ending in the two  thousand  twenty-five--
    15  two  thousand  twenty-six  academic  year,    following  the  review and
    16  approval of the chancellor of the city university or his or  her  desig-
    17  nee,  the  city  university  of  New  York  board  of  trustees shall be
    18  empowered to annually impose differential tuition rates on  non-resident
    19  undergraduate  and  graduate  rates  of  tuition  for  senior  colleges,
    20  provided that such rates are  competitive  with  the  rates  of  tuition
    21  charged  by  peer  institutions  and that the board of trustees annually
    22  provide the reason and methodology  behind  any  rate  increase  to  the
    23  governor,  the temporary president of the senate, and the speaker of the
    24  assembly prior to the approval of such increases.
    25    § 3. Paragraph (a) of subdivision 7 of section 6206 of  the  education
    26  law,  as  amended by chapter 669 of the laws of 2022, is amended to read
    27  as follows:
    28    (a) (i) The board of trustees shall establish positions,  departments,
    29  divisions  and  faculties; appoint and in accordance with the provisions
    30  of law fix salaries of  instructional  and  non-instructional  employees
    31  therein;  establish  and conduct courses and curricula; prescribe condi-
    32  tions of student admission, attendance and discharge; and shall have the
    33  power to determine in its discretion whether tuition  shall  be  charged
    34  and  to  regulate  tuition  charges, and other instructional and non-in-
    35  structional fees and other fees and charges at the educational units  of
    36  the  city  university.  The trustees shall review any proposed community
    37  college tuition increase and the justification for  such  increase.  The
    38  justification  provided by the community college for such increase shall
    39  include a detailed analysis of ongoing operating  costs,  capital,  debt
    40  service  expenditures, and all revenues. The trustees shall not impose a
    41  differential tuition charge based upon  need  or  income.  All  students
    42  enrolled  in  programs  leading  to  like degrees at the senior colleges
    43  shall be charged a uniform rate  of  tuition,  except  for  differential
    44  tuition  rates  based  on  state  residency.  Notwithstanding  any other
    45  provision of this paragraph, the trustees may authorize the setting of a
    46  separate category of tuition  rate,  that  shall  be  greater  than  the
    47  tuition  rate  for  resident students and less than the tuition rate for
    48  non-resident students, only for students enrolled in  distance  learning
    49  courses  who  are not residents of the state. The trustees shall further
    50  provide that the payment of tuition and fees by any student who is not a
    51  resident of New York state, other than a non-immigrant noncitizen within
    52  the meaning of paragraph (15) of subsection (a) of section 1101 of title
    53  8 of the United States Code, shall be paid at a rate or charge no great-
    54  er than that imposed for students who are residents of the state if such
    55  student:

        S. 4006--C                         28                         A. 3006--C
 
     1    [(i)] (1) attended an approved New York high school for  two  or  more
     2  years,  graduated  from an approved New York high school and applied for
     3  attendance at an institution or educational unit of the city  university
     4  within five years of receiving a New York state high school diploma; or
     5    [(ii)]  (2)  attended  an  approved New York state program for general
     6  equivalency diploma exam preparation,  received  a  general  equivalency
     7  diploma  issued  within  New York state and applied for attendance at an
     8  institution or educational unit of the city university within five years
     9  of receiving a general equivalency diploma issued within New York state;
    10  or
    11    [(iii)] (3) was enrolled in an institution or educational unit of  the
    12  city  university  in  the  fall  semester or quarter of the two thousand
    13  one--two thousand two academic year and was authorized by such  institu-
    14  tion  or  educational  unit to pay tuition at the rate or charge imposed
    15  for students who are residents of the state.
    16    A student without lawful immigration status shall also be required  to
    17  file an affidavit with such institution or educational unit stating that
    18  the  student has filed an application to legalize his or her immigration
    19  status, or will file such an application as soon as he or she is  eligi-
    20  ble  to  do  so. The trustees shall not adopt changes in tuition charges
    21  prior to the enactment of the annual budget. The board of  trustees  may
    22  accept  as  partial  reimbursement  for the education of veterans of the
    23  armed forces of the United States who are otherwise qualified such  sums
    24  as  may  be authorized by federal legislation to be paid for such educa-
    25  tion. The board of trustees may conduct on a fee basis extension courses
    26  and courses for adult education  appropriate  to  the  field  of  higher
    27  education.  In  all  courses  and  courses  of  study  it  may,  in  its
    28  discretion, require students to pay library, laboratory, locker,  break-
    29  age and other instructional and non-instructional fees and meet the cost
    30  of  books and consumable supplies. In addition to the foregoing fees and
    31  charges, the board of trustees may impose and collect fees  and  charges
    32  for  student  government  and  other  student activities and receive and
    33  expend them as agent or trustee.
    34    (ii) Notwithstanding any law, rule,  regulation  or  practice  to  the
    35  contrary,  commencing  with  the two thousand twenty-three--two thousand
    36  twenty-four academic year and ending in the two  thousand  twenty-five--
    37  two  thousand  twenty-six  academic  year,    following  the  review and
    38  approval of the chancellor of the city university or his or  her  desig-
    39  nee,  the  city  university  of  New  York  board  of  trustees shall be
    40  empowered to annually impose differential tuition rates on  non-resident
    41  undergraduate  and  graduate  rates  of  tuition  for  senior  colleges,
    42  provided that such rates are  competitive  with  the  rates  of  tuition
    43  charged  by  peer  institutions  and that the board of trustees annually
    44  provide the reason and methodology behind any  rate  increase    to  the
    45  governor,  the temporary president of the senate, and the speaker of the
    46  assembly prior to the approval of such increases.
    47    § 4. This act shall take  effect  immediately;  provided  however  the
    48  amendments  to  paragraph  (a)  of  subdivision 7 of section 6206 of the
    49  education law made by section two of this act shall be  subject  to  the
    50  expiration  and  reversion  of  such paragraph pursuant to section 16 of
    51  chapter 260 of the laws of 2011 as amended,  when  upon  such  date  the
    52  provisions of section three of this act shall take effect.
 
    53                                   PART C
 
    54                            Intentionally Omitted

        S. 4006--C                         29                         A. 3006--C
 
     1                                   PART D
 
     2    Section  1.  Paragraphs b and c of subdivision 4 of section 612 of the
     3  education law, as added by chapter 425 of the laws of 1988, are  amended
     4  to read as follows:
     5    [b.  A  grant  to a recipient of an award under this section shall not
     6  exceed the amount of three hundred thousand dollars for any grant  year,
     7  provided  that  a recipient may receive a grant in excess of such amount
     8  at the rate of twelve hundred fifty dollars for each student, in  excess
     9  of  two hundred forty students, who is provided compensatory and support
    10  services by the recipient during such grant year.
    11    c.] b. The grant recipients  shall  provide  students  at  public  and
    12  nonpublic  schools  the  opportunity to receive compensatory and support
    13  services in an equitable manner consistent with the number and  need  of
    14  the children in such schools.
    15    § 2. This act shall take effect immediately.
 
    16                                   PART E
 
    17                            Intentionally Omitted
 
    18                                   PART F
 
    19                            Intentionally Omitted
 
    20                                   PART G

    21                            Intentionally Omitted
 
    22                                   PART H
 
    23                            Intentionally Omitted
 
    24                                   PART I
 
    25                            Intentionally Omitted
 
    26                                   PART J
 
    27                            Intentionally Omitted
 
    28                                   PART K
 
    29                            Intentionally Omitted
 
    30                                   PART L
 
    31                            Intentionally Omitted

        S. 4006--C                         30                         A. 3006--C
 
     1                                   PART M
 
     2                            Intentionally Omitted
 
     3                                   PART N
 
     4                            Intentionally Omitted
 
     5                                   PART O

     6                            Intentionally Omitted
 
     7                                   PART P
 
     8                            Intentionally Omitted
 
     9                                   PART Q
 
    10    Section  1.  Notwithstanding  any  other provision of law, the housing
    11  trust fund corporation may provide, for  purposes  of  the  neighborhood
    12  preservation  program,  a  sum  not to exceed $17,633,000 for the fiscal
    13  year ending March 31, 2024. Within this total amount, $250,000 shall  be
    14  used  for  the purpose of entering into a contract with the neighborhood
    15  preservation coalition to provide technical assistance and  services  to
    16  companies  funded  pursuant to article 16 of the private housing finance
    17  law. Notwithstanding any other provision of  law,  and  subject  to  the
    18  approval  of  the  New  York  state director of the budget, the board of
    19  directors of the state of New York mortgage agency shall  authorize  the
    20  transfer  to  the  housing  trust  fund corporation, for the purposes of
    21  reimbursing any costs associated with neighborhood preservation  program
    22  contracts  authorized  by  this  section,  a  total  sum  not  to exceed
    23  $17,633,000, such transfer to be made from (i) the  special  account  of
    24  the  mortgage  insurance  fund created pursuant to section 2429-b of the
    25  public authorities law, in an amount not to  exceed  the  actual  excess
    26  balance in the special account of the mortgage insurance fund, as deter-
    27  mined  and  certified  by  the state of New York mortgage agency for the
    28  fiscal year 2022-2023 in accordance with section 2429-b  of  the  public
    29  authorities  law,  if any, and/or (ii) provided that the reserves in the
    30  project pool insurance account of the mortgage  insurance  fund  created
    31  pursuant  to section 2429-b of the public authorities law are sufficient
    32  to attain and maintain the credit rating (as determined by the state  of
    33  New  York  mortgage  agency) required to accomplish the purposes of such
    34  account, the project pool insurance account of  the  mortgage  insurance
    35  fund,  such transfer to be made as soon as practicable but no later than
    36  June 30, 2023.
    37    § 2. Notwithstanding any other provision of  law,  the  housing  trust
    38  fund  corporation  may  provide,  for purposes of the rural preservation
    39  program, a sum not to exceed $7,557,000 for the fiscal year ending March
    40  31, 2024.  Within this total amount, $250,000  shall  be  used  for  the
    41  purpose  of entering into a contract with the rural housing coalition to
    42  provide technical assistance and services to companies  funded  pursuant
    43  to  article  17 of the private housing finance law.  Notwithstanding any

        S. 4006--C                         31                         A. 3006--C
 
     1  other provision of law, and subject to the  approval  of  the  New  York
     2  state director of the budget, the board of directors of the state of New
     3  York  mortgage  agency shall authorize the transfer to the housing trust
     4  fund  corporation,  for the purposes of reimbursing any costs associated
     5  with rural preservation program contracts authorized by this section,  a
     6  total  sum  not  to exceed $7,557,000, such transfer to be made from (i)
     7  the special account of the mortgage insurance fund created  pursuant  to
     8  section 2429-b of the public authorities law, in an amount not to exceed
     9  the  actual excess balance in the special account of the mortgage insur-
    10  ance fund, as determined and certified by the state of New York mortgage
    11  agency for the fiscal year 2022-2023 in accordance with  section  2429-b
    12  of  the  public  authorities  law, if any, and/or (ii) provided that the
    13  reserves in the project pool insurance account of the mortgage insurance
    14  fund created pursuant to section 2429-b of the  public  authorities  law
    15  are  sufficient  to attain and maintain the credit rating (as determined
    16  by the state of New York mortgage agency)  required  to  accomplish  the
    17  purposes  of  such  account,  the  project pool insurance account of the
    18  mortgage insurance fund, such transfer to be made as soon as practicable
    19  but no later than June 30, 2023.
    20    § 3. Notwithstanding any other provision of  law,  the  housing  trust
    21  fund  corporation  may provide, for purposes of the rural rental assist-
    22  ance program pursuant to article 17-A of  the  private  housing  finance
    23  law,  a  sum  not to exceed $21,710,000 for the fiscal year ending March
    24  31, 2024.  Notwithstanding any other provision of law,  and  subject  to
    25  the  approval of the New York state director of the budget, the board of
    26  directors of the state of New York mortgage agency shall  authorize  the
    27  transfer  to  the  housing  trust  fund corporation, for the purposes of
    28  reimbursing any costs associated with rural  rental  assistance  program
    29  contracts  authorized  by  this  section,  a  total  sum  not  to exceed
    30  $21,710,000, such transfer to be made from (i) the  special  account  of
    31  the  mortgage  insurance  fund created pursuant to section 2429-b of the
    32  public authorities law, in an amount not to  exceed  the  actual  excess
    33  balance in the special account of the mortgage insurance fund, as deter-
    34  mined  and  certified  by  the state of New York mortgage agency for the
    35  fiscal year 2022-2023 in accordance with section 2429-b  of  the  public
    36  authorities  law,  if any, and/or (ii) provided that the reserves in the
    37  project pool insurance account of the mortgage  insurance  fund  created
    38  pursuant  to section 2429-b of the public authorities law are sufficient
    39  to attain and maintain the credit rating, as determined by the state  of
    40  New  York  mortgage  agency, required to accomplish the purposes of such
    41  account, the project pool insurance account of  the  mortgage  insurance
    42  fund,  such  transfer  shall be made as soon as practicable but no later
    43  than June 30, 2023.
    44    § 4. Notwithstanding any other provision of law, the homeless  housing
    45  and  assistance  corporation  may  provide, for purposes of the New York
    46  state supportive housing program,  the  solutions  to  end  homelessness
    47  program or the operational support for AIDS housing program, or to qual-
    48  ified  grantees under such programs, in accordance with the requirements
    49  of such programs, a sum not to exceed $50,781,000 for  the  fiscal  year
    50  ending  March  31, 2024. The homeless housing and assistance corporation
    51  may enter into an agreement with the office of temporary and  disability
    52  assistance to administer such sum in accordance with the requirements of
    53  such  programs.  Notwithstanding any other provision of law, and subject
    54  to the approval of the New York state director of the budget, the  board
    55  of  directors  of  the state of New York mortgage agency shall authorize
    56  the transfer to the homeless housing and assistance corporation, a total

        S. 4006--C                         32                         A. 3006--C

     1  sum not to exceed $50,781,000, such transfer to be  made  from  (i)  the
     2  special  account  of  the  mortgage  insurance  fund created pursuant to
     3  section 2429-b of the public authorities law, in an amount not to exceed
     4  the  actual excess balance in the special account of the mortgage insur-
     5  ance fund, as determined and certified by the state of New York mortgage
     6  agency for the fiscal year 2022-2023 in accordance with  section  2429-b
     7  of  the  public  authorities  law, if any, and/or (ii) provided that the
     8  reserves in the project pool insurance account of the mortgage insurance
     9  fund created pursuant to section 2429-b of the  public  authorities  law
    10  are sufficient to attain and maintain the credit rating as determined by
    11  the  state  of  New  York  mortgage  agency,  required to accomplish the
    12  purposes of such account, the project  pool  insurance  account  of  the
    13  mortgage  insurance fund, such transfer shall be made as soon as practi-
    14  cable but no later than March 31, 2024.
    15    § 5. This act shall take effect immediately.
 
    16                                   PART R
 
    17                            Intentionally Omitted
 
    18                                   PART S
 
    19    Section 1. Paragraph (c) of subdivision 1 of section 652 of the  labor
    20  law,  as added by section 1 of part K of chapter 54 of the laws of 2016,
    21  is amended to read as follows:
    22    (c) Remainder of state. Every  employer  shall  pay  to  each  of  its
    23  employees  for  each hour worked outside of the city of New York and the
    24  counties of Nassau, Suffolk, and Westchester, a wage of not less than:
    25    $9.70 on and after December 31, 2016,
    26    $10.40 on and after December 31, 2017,
    27    $11.10 on and after December 31, 2018,
    28    $11.80 on and after December 31, 2019,
    29    $12.50 on and after December 31, 2020,
    30    and on each following December thirty-first up to and  until  December
    31  31,  2022,  a  wage  published  by the commissioner on or before October
    32  first, based on the then current minimum wage increased by a  percentage
    33  determined  by  the  director  of  the  budget  in consultation with the
    34  commissioner, with the result rounded to the nearest five cents,  total-
    35  ing no more than fifteen dollars, where the percentage increase shall be
    36  based  on  indices  including,  but  not  limited  to,  (i)  the rate of
    37  inflation for the most recent twelve month period ending  June  of  that
    38  year  based  on  the  consumer  price index for all urban consumers on a
    39  national and seasonally unadjusted basis (CPI-U), or a  successor  index
    40  as calculated by the United States department of labor, (ii) the rate of
    41  state personal income growth for the prior calendar year, or a successor
    42  index, published by the bureau of economic analysis of the United States
    43  department of commerce, or (iii) wage growth; or, if greater, such other
    44  wage  as may be established by federal law pursuant to 29 U.S.C. section
    45  206 or its successors or such  other  wage  as  may  be  established  in
    46  accordance with the provisions of this article.
    47    §  2. Section 652 of the labor law is amended by adding two new subdi-
    48  visions 1-a and 1-b to read as follows:
    49    1-a.  Annual minimum wage from January 1, 2024 to December 31, 2026.

        S. 4006--C                         33                         A. 3006--C
 
     1    (a) New York city. Notwithstanding subdivision one  of  this  section,
     2  every employer regardless of size shall pay to each of its employees for
     3  each hour worked in the city of New York a wage of not less than:
     4    $16.00 on and after January 1, 2024,
     5    $16.50 on and after January 1, 2025,
     6    $17.00  on  and after January 1, 2026, or, if greater, such other wage
     7  as may be established by  federal  law pursuant  to   29 U.S.C.  section
     8  206  or  its  successors  or  such  other  wage as may be established in
     9  accordance with the provisions of this article.
    10    (b) Remainder of downstate. Notwithstanding subdivision  one  of  this
    11  section, every employer shall pay to each of its employees for each hour
    12  worked  in  the  counties of Nassau, Suffolk, and Westchester, a wage of
    13  not less than:
    14    $16.00 on and after January 1, 2024,
    15    $16.50 on and after January 1, 2025,
    16    $17.00 on and after January 1, 2026, or, if greater, such  other  wage
    17  as  may  be established by  federal  law pursuant  to  29 U.S.C. section
    18  206 or its successors or such  other  wage  as  may  be  established  in
    19  accordance with the provisions of this article.
    20    (c)  Remainder  of  state.  Notwithstanding  subdivision  one  of this
    21  section, every employer shall pay to each of its employees for each hour
    22  worked outside the city of New York and the counties of Nassau, Suffolk,
    23  and Westchester, a wage of not less than:
    24    $15.00 on and after January 1, 2024,
    25    $15.50 on and after January 1, 2025,
    26    $16.00 on and after January 1, 2026, or, if greater, such  other  wage
    27  as  may  be established by federal law pursuant to 29 U.S.C. section 206
    28  or its successors or such other wage as may be established in accordance
    29  with the provisions of this article.
    30    1-b. Annual minimum wage increase  beginning  on  January  first,  two
    31  thousand  twenty-seven.  (a)  New York city. On and after January first,
    32  two thousand twenty-seven, every employer regardless of size  shall  pay
    33  to each of its employees for each hour worked in the city of New York, a
    34  wage of not less than the adjusted minimum wage rate established annual-
    35  ly  by the commissioner. Such adjusted minimum wage rate shall be deter-
    36  mined by increasing the then current year's minimum  wage  rate  by  the
    37  rate  of  change  in  the  average  of the three most recent consecutive
    38  twelve-month periods between the first of August and the thirty-first of
    39  July, each over their preceding twelve-month periods  published  by  the
    40  United States department of labor non-seasonally adjusted consumer price
    41  index  for  northeast  region  urban  wage  earners and clerical workers
    42  (CPI-W) or any successor  index  as  calculated  by  the  United  States
    43  department of labor, with the result rounded to the nearest five cents.
    44    (b)  Remainder  of downstate. On and after January first, two thousand
    45  twenty-seven, every employer shall pay to each of its employees for each
    46  hour worked in the counties of Nassau, Suffolk, and Westchester, a  wage
    47  of  not less than the adjusted minimum wage rate established annually by
    48  the commissioner. Such adjusted minimum wage rate shall be determined by
    49  increasing the then current year's minimum wage  rate  by  the  rate  of
    50  change  in the average of the three most recent consecutive twelve-month
    51  periods between the first of August and the thirty-first of  July,  each
    52  over their preceding twelve-month periods published by the United States
    53  department of labor non-seasonally adjusted consumer price index for the
    54  northeast  region urban wage earners and clerical workers (CPI-W) or any
    55  successor index as calculated by the United States department of  labor,
    56  with the result rounded to the nearest five cents.

        S. 4006--C                         34                         A. 3006--C
 
     1    (c) Remainder of state. On and after January first, two thousand twen-
     2  ty-seven,  every  employer  shall  pay to each of its employees for each
     3  hour worked outside of the city of New York and the counties of  Nassau,
     4  Suffolk,  and  Westchester  a wage of not less than the adjusted minimum
     5  wage  rate established annually by the commissioner. Such adjusted mini-
     6  mum wage rate shall be determined by increasing the then current  year's
     7  minimum wage rate by the rate of change in the average of the three most
     8  recent  consecutive twelve-month periods between the first of August and
     9  the thirty-first of July, each over their preceding twelve-month periods
    10  published by  the  United  States  department  of  labor  non-seasonally
    11  adjusted  consumer  price  index for northeast region urban wage earners
    12  and clerical workers (CPI-W) or any successor index as calculated by the
    13  United States department of labor, with the result rounded to the  near-
    14  est five cents.
    15    (d) Exceptions. Effective January first, two thousand twenty-seven and
    16  thereafter, notwithstanding paragraphs (a), (b) and (c) of this subdivi-
    17  sion,  there  shall  be no increase in the minimum wage in the state for
    18  the following year if any of the following conditions are met, provided,
    19  however, that such exception shall  be  limited  to  no  more  than  two
    20  consecutive years:
    21    (i) the rate of change in the average of the most recent period of the
    22  first of August to the thirty-first of July over the preceding period of
    23  the  first of August to the thirty-first of July published by the United
    24  States department of labor non-seasonally adjusted consumer price  index
    25  for  the  northeast  region  urban  wage  earners  and  clerical workers
    26  (CPI-W), or any successor index  as  calculated  by  the  United  States
    27  department of labor, is negative;
    28    (ii)  the  three-month  moving  average of the seasonally adjusted New
    29  York state unemployment rate as determined by the U-3 measure  of  labor
    30  underutilization  for  the most recent period ending the thirty-first of
    31  July as calculated by the United States department  of  labor  rises  by
    32  one-half  percentage point or more relative to its low during the previ-
    33  ous twelve months; or
    34    (iii) seasonally adjusted, total  non-farm  employment  for  New  York
    35  state  in  July,  calculated  by  the United States department of labor,
    36  decreased from the seasonally adjusted, total  non-farm  employment  for
    37  New York state in April, and seasonally adjusted, total non-farm employ-
    38  ment for New York state in July, calculated by the United States depart-
    39  ment  of  labor,  decreased from the seasonally adjusted, total non-farm
    40  employment for New York state in January.
    41    (e) The commissioner shall publish the adjusted minimum wage rates  no
    42  later  than  the  first  of  October  of each year to take effect on the
    43  following first day of January.
    44    § 3. Subdivisions 2, 4 and 5 of section 652 of the labor law, subdivi-
    45  sion 2 as amended by chapter 38 of the laws of 1990, the  opening  para-
    46  graph  of subdivision 2 as amended by section 6 of part II of chapter 58
    47  of the laws of 2020, and subdivisions 4 and 5 as amended by section 2 of
    48  part K of chapter 54 of the  laws  of  2016,  are  amended  to  read  as
    49  follows:
    50    2.  Existing  wage  orders.  The  minimum wage orders in effect on the
    51  effective date of this act shall remain in full force and effect, except
    52  as modified in accordance with the provisions of this article; provided,
    53  however, that the minimum wage order for farm workers codified  at  part
    54  one  hundred  ninety  of  title twelve of the New York code of rules and
    55  regulations in effect on January first, two  thousand  twenty  shall  be
    56  deemed to be a wage order established and adopted under this article and

        S. 4006--C                         35                         A. 3006--C
 
     1  shall  remain  in full force and effect except as modified in accordance
     2  with the provisions of this article or article nineteen-A of this  chap-
     3  ter.
     4    Such  minimum  wage  orders  shall  be modified by the commissioner to
     5  increase all monetary amounts specified therein in the  same  proportion
     6  as  the increase in the hourly minimum wage as provided in [subdivision]
     7  subdivisions one, one-a,  and  one-b  of  this  section,  including  the
     8  amounts  specified in such minimum wage orders as allowances for gratui-
     9  ties, and when furnished by the employer to its  employees,  for  meals,
    10  lodging,  apparel  and  other  such  items, services and facilities. All
    11  amounts so modified shall be rounded off to the nearest five cents.  The
    12  modified  orders  shall  be  promulgated  by  the commissioner without a
    13  public hearing, and without reference to a wage board, and shall  become
    14  effective  on  the  effective date of such increases in the minimum wage
    15  except as otherwise provided in this  subdivision,  notwithstanding  any
    16  other provision of this article.
    17    4.  Notwithstanding  subdivisions  one,  one-a, one-b, and two of this
    18  section, the wage for an employee who is a food service worker receiving
    19  tips shall be a cash wage of at least two-thirds  of  the  minimum  wage
    20  rates set forth in subdivision one of this section, rounded to the near-
    21  est  five  cents  or seven dollars and fifty cents, whichever is higher,
    22  provided that the tips of such an employee,  when  added  to  such  cash
    23  wage,  are  equal  to  or  exceed the minimum wage in effect pursuant to
    24  [subdivision] subdivisions one, one-a, and one-b  of  this  section  and
    25  provided  further  that  no  other  cash wage is established pursuant to
    26  section six hundred fifty-three of this article.
    27    5. Notwithstanding subdivisions one, one-a, one-b,  and  two  of  this
    28  section, meal and lodging allowances for a food service worker receiving
    29  a  cash  wage  pursuant  to  subdivision  four of this section shall not
    30  increase more than two-thirds of the increase  required  by  subdivision
    31  two  of  this section as applied to state wage orders in effect pursuant
    32  to [subdivision] subdivisions one, one-a, and one-b of this section.
    33    § 4. This act shall take effect immediately.
 
    34                                   PART T
 
    35                            Intentionally Omitted
 
    36                                   PART U
 
    37    Section 1. Subdivision 2 of section 410-u of the social services  law,
    38  as  amended by section 1 of part L of chapter 56 of the laws of 2022, is
    39  amended to read as follows:
    40    2. The state block grant for child care  shall  be  divided  into  two
    41  parts pursuant to a plan developed by the department and approved by the
    42  director  of  the  budget.  One  part  shall be retained by the state to
    43  provide child care on a statewide basis to special groups and for activ-
    44  ities  to  increase  the  availability  and/or  quality  of  child  care
    45  programs,  including,  but  not  limited  to, the start-up of child care
    46  programs, the operation of child care resource  and  referral  programs,
    47  training  activities,  the  regulation  and  monitoring  of  child  care
    48  programs, the development of computerized  data  systems,  and  consumer
    49  education,  provided  however,  that  child  care  resource and referral
    50  programs funded under title five-B of article six of this chapter  shall
    51  meet  additional  performance  standards  developed by the department of

        S. 4006--C                         36                         A. 3006--C
 
     1  social services including but not limited to: increasing the  number  of
     2  child  care  placements  for  persons  who  are at or below [two hundred
     3  percent of the state income standard, or three hundred  percent  of  the
     4  state  income  standard effective August first, two thousand twenty-two,
     5  provided such persons are at or below] eighty-five percent of the  state
     6  median  income,  with emphasis on placements supporting local efforts in
     7  meeting federal and state work  participation  requirements,  increasing
     8  technical  assistance  to  all modalities of legal child care to persons
     9  who are at or below [two hundred percent of the state  income  standard,
    10  or  three  hundred percent of the state income standard effective August
    11  first, two thousand twenty-two, provided such persons are at  or  below]
    12  eighty-five  percent of the state median income, including the provision
    13  of training to assist providers in meeting child care standards or regu-
    14  latory requirements, and creating  new  child  care  opportunities,  and
    15  assisting social services districts in assessing and responding to child
    16  care  needs  for  persons  at or below [two hundred percent of the state
    17  income standard, or three hundred percent of the state  income  standard
    18  effective  August  first, two thousand twenty-two, provided such persons
    19  are at or below] eighty-five percent of the  state  median  income.  The
    20  department  shall  have the authority to withhold funds from those agen-
    21  cies which do not meet performance standards. Agencies whose  funds  are
    22  withheld  may  have funds restored upon achieving performance standards.
    23  The other part shall  be  allocated  to  social  services  districts  to
    24  provide  child  care  assistance to families receiving family assistance
    25  and to other low income families.
    26    § 2.  Subdivisions 1 and 3 of section 410-w  of  the  social  services
    27  law,  subdivision  1  as amended by section 2 of part L of chapter 56 of
    28  the laws of 2022, and subdivision 3 as amended by chapter 70 of the laws
    29  of 2023, are amended to read as follows:
    30    1. A social services district may use the funds allocated to  it  from
    31  the block grant to provide child care assistance to:
    32    (a)  families receiving public assistance when such child care assist-
    33  ance is necessary: to enable a parent or caretaker relative to engage in
    34  work, participate in work activities  or  perform  a  community  service
    35  pursuant  to  title  nine-B of article five of this chapter; to enable a
    36  teenage parent to  attend  high  school  or  other  equivalent  training
    37  program;  because  the  parent  or  caretaker  relative is physically or
    38  mentally incapacitated; or because family duties away from home necessi-
    39  tate the parent or caretaker relative's absence; child day care shall be
    40  provided during breaks in activities[, for a period of up to two weeks].
    41  Such child day care [may] shall be authorized [for a period of up to one
    42  month if child care arrangements shall be lost if not continued, and the
    43  program or employment is scheduled to begin within such period] for  the
    44  period designated by the regulations of the department;
    45    (b)  families  with  incomes  up  to [two hundred percent of the state
    46  income standard, or three hundred percent of the state  income  standard
    47  effective  August first, two thousand twenty-two] eighty-five percent of
    48  the state median income who are attempting through  work  activities  to
    49  transition off of public assistance when such child care is necessary in
    50  order  to  enable  a  parent  or  caretaker  relative  to engage in work
    51  provided such families' public  assistance  has  been  terminated  as  a
    52  result  of  increased  hours  of  or income from employment or increased
    53  income from child support  payments  or  the  family  voluntarily  ended
    54  assistance; provided that the family received public assistance at least
    55  three  of  the  six  months preceding the month in which eligibility for
    56  such assistance terminated or ended or provided  that  such  family  has

        S. 4006--C                         37                         A. 3006--C
 
     1  received  child care assistance under subdivision four of this section[;
     2  and provided, the family income does not exceed eighty-five  percent  of
     3  the state median income];
     4    (c)  families  with  incomes  up  to [two hundred percent of the state
     5  income standard, or three hundred percent of the state  income  standard
     6  effective  August first, two thousand twenty-two] eighty-five percent of
     7  the state median income, which are determined  in  accordance  with  the
     8  regulations  of  the  department  to be at risk of becoming dependent on
     9  family assistance[; provided, the family income does not exceed  eighty-
    10  five percent of the state median income];
    11    (d)  families  with  incomes  up  to [two hundred percent of the state
    12  income standard, or three hundred percent of the state  income  standard
    13  effective  August first, two thousand twenty-two] eighty-five percent of
    14  the state median income, who are attending a post secondary  educational
    15  program[;  provided,  the  family  income  does  not  exceed eighty-five
    16  percent of the state median income]; and
    17    (e) other families with incomes up to  [two  hundred  percent  of  the
    18  state  income  standard,  or  three  hundred percent of the state income
    19  standard effective August first,  two  thousand  twenty-two,  which  the
    20  social services district designates in its consolidated services plan as
    21  eligible  for  child  care  assistance] eighty-five percent of the state
    22  median income in accordance with criteria  established  by  the  depart-
    23  ment[;  provided,  the family income does not exceed eighty-five percent
    24  of the state median income].
    25    3. A social services district shall guarantee child care assistance to
    26  families in receipt of public assistance with  children  under  thirteen
    27  years  of  age when such child care assistance is necessary for a parent
    28  or caretaker relative to engage in work or participate  in  work  activ-
    29  ities pursuant to the provisions of title nine-B of article five of this
    30  chapter.  Child care assistance shall continue to be guaranteed for such
    31  a family for a period of twelve months or, upon approval by the  office,
    32  may  be  provided by a social services district for a period up to twen-
    33  ty-four months, after the month in which the  family's  eligibility  for
    34  public assistance has terminated or ended when such child care is neces-
    35  sary  in  order  to enable the parent or caretaker relative to engage in
    36  work, provided that the family's public assistance has  been  terminated
    37  as  a result of an increase in the hours of or income from employment or
    38  increased income from child  support  payments  or  because  the  family
    39  voluntarily ended assistance; that the family received public assistance
    40  in  at least three of the six months preceding the month in which eligi-
    41  bility for such assistance terminated or ended  or  provided  that  such
    42  family has received child care assistance under subdivision four of this
    43  section;  and  that  the  family's  income  does not exceed [two hundred
    44  percent of the state income standard, or three hundred  percent  of  the
    45  state  income  standard effective August first, two thousand twenty-two;
    46  and that the family income does not exceed] eighty-five percent  of  the
    47  state  median  income.  Such child day care shall recognize the need for
    48  continuity of care for the child and a district shall not move  a  child
    49  from an existing provider unless the participant consents to such move.
    50    §  3.  Paragraph  (a)  of subdivision 2 of section 410-x of the social
    51  services law, as amended by chapter 416 of the laws of 2000, is  amended
    52  to read as follows:
    53    (a)  [A  social  services  district] The office of children and family
    54  services may establish priorities for the families which will be  eligi-
    55  ble to receive funding; provided that the priorities provide that eligi-
    56  ble  families  will  receive  equitable  access to child care assistance

        S. 4006--C                         38                         A. 3006--C
 
     1  funds to the extent that these funds are available. The office of  chil-
     2  dren  and family services shall ensure that families in receipt of child
     3  care assistance as of September thirtieth, two thousand twenty-three who
     4  were  identified  as a priority population under a local social services
     5  district's consolidated services plan shall continue to be eligible  for
     6  such  assistance,  provided  they  meet all other applicable eligibility
     7  requirements for such assistance.
     8    § 4. Paragraphs (b) and (c) of subdivision 2 of section 410-x  of  the
     9  social services law are REPEALED.
    10    §  5.  Section 410-x of the social services law is amended by adding a
    11  new subdivision 9 to read as follows:
    12    9. Reimbursement for payment on behalf of children who are temporarily
    13  absent from child care shall be paid for up to  eighty  days  per  year.
    14  Reimbursement  for  additional  absences may be allowable in the case of
    15  extenuating circumstances, as determined by the office of  children  and
    16  family services.
    17    §  6.  Subdivision  8  of section 410-w of the social services law, as
    18  amended by section 1 of part Z of chapter 56 of the  laws  of  2021,  is
    19  amended to read as follows:
    20    8.  Notwithstanding any other provision of law, rule or regulations to
    21  the contrary, a social services district that implements a  plan  amend-
    22  ment  to  the  child care portion of its child and family services plan,
    23  either as part of an annual plan update,  or  through  a  separate  plan
    24  amendment  process,  where  such  amendment  reduces eligibility for, or
    25  increases the family share percentage of, families receiving child  care
    26  services, or that implements the process for closing child care cases as
    27  set forth in the district's approved child and family services plan, due
    28  to the district determining that it cannot maintain its current caseload
    29  because  all  of the available funds are projected to be needed for open
    30  cases, shall provide all  families  whose  eligibility  for  child  care
    31  assistance  or  family  share percentage will be impacted by such action
    32  with at least thirty days prior written notice of the action.  Provided,
    33  however, that a family receiving assistance pursuant to this title shall
    34  not  be  required  to  contribute  more  than [ten] one percent of their
    35  income exceeding the federal poverty level.
    36    § 7. Subdivision 6 of section 410-x of the  social  services  law,  as
    37  amended  by  section  2  of part Z of chapter 56 of the laws of 2021, is
    38  amended to read as follows:
    39    6. Pursuant to department regulations, child care assistance shall  be
    40  provided  on a sliding fee basis based upon the family's ability to pay;
    41  provided, however, that a family receiving assistance pursuant  to  this
    42  title shall not be required to contribute more than [ten] one percent of
    43  their income exceeding the federal poverty level.
    44    §  8.  Subdivision  10 of section 410-w of the social services law, as
    45  added by section 2 of part L of chapter 56  of  the  laws  of  2022,  is
    46  amended to read as follows:
    47    10.  For  the purposes of this [section] title, the term "state median
    48  income" means the most recent state median income data published by  the
    49  bureau  of  the  census,  for  a family of the same size, updated by the
    50  department for a family size of four and adjusted by the department  for
    51  family size.
    52    §  9.  Section  3 of part Z of chapter 56 of the laws of 2021 amending
    53  the social services law relating to making child care more    affordable
    54  for low-income families, is amended to read as follows:
    55    §  3.  This act shall take effect immediately [and shall expire and be
    56  deemed repealed three years after such date].

        S. 4006--C                         39                         A. 3006--C
 
     1    § 10. This act shall take effect October 1, 2023. The office of  chil-
     2  dren  and  family services is hereby authorized to promulgate such rules
     3  and regulations as may be necessary, including on an emergency basis, to
     4  implement the provisions of this act.
 
     5                                   PART V
 
     6    Section  1.  Section  3  of  part N of chapter 56 of the laws of 2020,
     7  amending the social services law relating to restructuring financing for
     8  residential school placements, as amended by section  1  of  part  M  of
     9  chapter 56 of the laws of 2022, is amended to read as follows:
    10    §  3.  This  act shall take effect immediately and shall expire and be
    11  deemed repealed April 1, [2023] 2024; provided however that  the  amend-
    12  ments  to  subdivision 10 of section 153 of the social services law made
    13  by section one of this act, shall not  affect  the  expiration  of  such
    14  subdivision and shall be deemed to expire therewith.
    15    §  2.  This  act  shall take effect immediately and shall be deemed to
    16  have been in full force and effect on and after April 1, 2023.
 
    17                                   PART W
 
    18    Section 1. Section 11 of subpart A of part G of chapter 57 of the laws
    19  of 2012, amending the social services  law  and  the  family  court  act
    20  relating  to  establishing  a  juvenile  justice  services close to home
    21  initiative, as amended by section 2 of part G of chapter 56 of the  laws
    22  of 2018, is amended to read as follows:
    23    §  11.  This  act  shall take effect April 1, 2012 and shall expire on
    24  March 31, [2023] 2028 when upon such date the  provisions  of  this  act
    25  shall be deemed repealed; provided, however, that effective immediately,
    26  the  addition,  amendment and/or repeal of any rule or regulation neces-
    27  sary for the implementation of  this  act  on  its  effective  date  are
    28  authorized  and  directed  to  be  made  and completed on or before such
    29  effective date; provided, however, upon the repeal of this act, a social
    30  services district that has custody of a juvenile delinquent pursuant  to
    31  an  approved  juvenile  justice  services close to home initiative shall
    32  retain custody of such juvenile delinquent until custody may be  legally
    33  transferred  in  an orderly fashion to the office of children and family
    34  services.
    35    § 2. Section 7 of subpart B of part G of chapter 57  of  the  laws  of
    36  2012,  amending  the  social  services law, the family court act and the
    37  executive law relating to juvenile delinquents, as amended by section  3
    38  of  part  G  of  chapter  56  of the laws of 2018, is amended to read as
    39  follows:
    40    § 7. This act shall take effect April 1,  2012  and  shall  expire  on
    41  March  31,  [2023]  2028  when upon such date the provisions of this act
    42  shall be deemed repealed; provided, however, that effective immediately,
    43  the addition, amendment and/or repeal of any rule or  regulation  neces-
    44  sary for the implementation of this act on its effective date is author-
    45  ized  and  directed to be made and completed on or before such effective
    46  date.
    47    § 3. This act shall take effect immediately and  shall  be  deemed  to
    48  have been in full force and effect on and after March 31, 2023.
 
    49                                   PART X

        S. 4006--C                         40                         A. 3006--C
 
     1    Section  1. Subdivision 1 of section 336-a of the social services law,
     2  as amended by chapter 275 of the laws of 2017, is  amended  to  read  as
     3  follows:
     4    1.  Social  services  districts shall make available vocational educa-
     5  tional training and educational activities.  Such activities may include
     6  but need not be limited to, high school education or education  designed
     7  to  prepare  a  participant  for  a high school equivalency certificate,
     8  basic and remedial education, education in English  proficiency,  educa-
     9  tion  or  a  course  of  instruction  in financial literacy and personal
    10  finance that includes instruction on  household  cash  management  tech-
    11  niques,  career  advice  to  obtain  a well paying and secure job, using
    12  checking and savings accounts, obtaining and utilizing  short  and  long
    13  term  credit,  securing  a loan or other long term financing arrangement
    14  for high cost items, participation  in  a  higher  education  course  of
    15  instruction  or  trade school, and no more than a total of four years of
    16  post-secondary education  (or  the  part-time  equivalent).  Educational
    17  activities  pursuant  to  this  section  may  be offered with any of the
    18  following providers which meet the performance or  assessment  standards
    19  established  in  regulations  by  the commissioner for such providers: a
    20  community college, licensed trade school, registered business school, or
    21  a two-year or four-year college; provided, however, that such  post-sec-
    22  ondary  education  must  be  necessary  to the attainment of the partic-
    23  ipant's individual employment goal as set  forth  in  the  employability
    24  plan  and  such goal must relate directly to obtaining useful employment
    25  [in a recognized occupation]. When making [any]  an  assignment  to  any
    26  educational activity pursuant to this subdivision, such assignment shall
    27  be  permitted only to the extent that such assignment is consistent with
    28  the individual's assessment and employment plan goals in accordance with
    29  sections three hundred thirty-five and three  hundred  thirty-five-a  of
    30  this  title and shall require that the individual maintains satisfactory
    31  academic progress and hourly participation is documented consistent with
    32  federal and state requirements. For purposes of this  provision  "satis-
    33  factory  academic progress" shall mean having a cumulative C average, or
    34  its equivalent, as determined by the academic institution. The  require-
    35  ment to maintain satisfactory academic progress may be waived if done so
    36  by  the  academic  institution and the social services district based on
    37  undue hardship caused by an event such as a personal injury  or  illness
    38  of  the  student, the death of a relative of the student or other exten-
    39  uating circumstances. [Any enrollment in post-secondary education beyond
    40  a twelve month period must be combined with no less than twenty hours of
    41  participation averaged weekly in paid employment or work  activities  or
    42  community  service when paid employment is not available.] Participation
    43  in  an  educational  and/or  vocational  training  program,  that  shall
    44  include,  but  not  be  limited  to,  a  two-year  post-secondary degree
    45  program, which is necessary for the participant to attain their individ-
    46  ual employment goal and is likely to lead to a degree  or  certification
    47  and  sustained  employment, shall be approved consistent with such indi-
    48  vidual's assessment and employability  plan  to  the  extent  that  such
    49  approval  does not jeopardize the state's ability to comply with federal
    50  work participation rates, as determined by the office of  temporary  and
    51  disability assistance.
    52    §  2.  Paragraph  (a)  of subdivision 8 of section 131-a of the social
    53  services law is amended by adding two new subparagraphs (xii) and (xiii)
    54  to read as follows:
    55    (xii) all of the earned income of a  recipient  of  public  assistance
    56  that  is  derived  from  participation  in  a qualified work activity or

        S. 4006--C                         41                         A. 3006--C
 
     1  training program as determined by the office of temporary and disability
     2  assistance, to the extent that such earned income has not  already  been
     3  disregarded  pursuant  to subparagraph (vii) of this paragraph, provided
     4  that  the  recipient's  total  income shall not be more than two hundred
     5  percent of the federal poverty level.
     6    (xiii) once during the lifetime of a recipient of  public  assistance,
     7  all of the earned income of such recipient will be disregarded following
     8  job entry, provided that such exemption of income for purposes of public
     9  assistance  eligibility shall be for no more than six consecutive months
    10  from the initial date of obtaining such employment and that the  recipi-
    11  ent's  total  income  shall  not be more than two hundred percent of the
    12  federal poverty level. In the event a recipient moves from one to anoth-
    13  er social services district, this disregard shall follow the recipient.
    14    § 3. This act shall take effect on the two hundred fortieth day  after
    15  it shall have become a law.
 
    16                                   PART Y
 
    17    Section  1. The social services law is amended by adding a new section
    18  152-d to read as follows:
    19    § 152-d. Replacement of stolen public assistance.  1.  Notwithstanding
    20  section  three hundred fifty-j of this article and subdivision eleven of
    21  section one hundred thirty-one of this title,  and  in  accordance  with
    22  this  section,  public  assistance  recipients shall receive replacement
    23  assistance for the loss of public assistance, as defined in  subdivision
    24  nineteen  of  section two of this chapter, in instances when such public
    25  assistance has been stolen as a result of card skimming, cloning,  third
    26  party misrepresentation or other similar fraudulent activities, consist-
    27  ent  with  guidance  issued  by  the  office of temporary and disability
    28  assistance.
    29    2. The office of temporary and disability assistance shall establish a
    30  protocol for recipients to report incidents of stolen public assistance.
    31  This protocol will be administered by social services districts pursuant
    32  to guidance issued by the office of temporary and disability assistance.
    33    3. Social services districts  shall  promptly  replace  stolen  public
    34  assistance,  however,  such  replacement  shall occur no later than five
    35  business days after the social services district has verified the public
    36  assistance was stolen in accordance with  guidance  established  by  the
    37  office  of  temporary  and disability assistance consistent with federal
    38  and state laws, regulations and guidance, provided, however, that social
    39  services districts shall not ask recipients to obtain a police report or
    40  require any other interaction with law enforcement  unless  required  by
    41  federal  law,  regulation,  or  guidance for either public assistance or
    42  supplemental nutrition assistance program benefits.
    43    4. For public assistance  that  is  verified  as  stolen,  replacement
    44  assistance  shall be provided by the social services district in accord-
    45  ance with this section as follows:
    46    (a) the lesser of: (i)  the  amount  of  public  assistance  that  was
    47  stolen;  or  (ii) the amount of public assistance equal to two months of
    48  the monthly allotment of the household immediately  prior  to  the  date
    49  upon  which  the  public  assistance  was stolen; provided, however, the
    50  commissioner may promulgate regulations for the provision of  additional
    51  replacement  assistance  in  extenuating   circumstances consistent with
    52  federal and state laws, regulations and guidance; and
    53    (b)(i) no more than twice in a federal fiscal  year  to  cover  public
    54  assistance  stolen  on  or  after January first, two thousand twenty-two

        S. 4006--C                         42                         A. 3006--C
 
     1  through September thirtieth, two thousand twenty-four; or (ii)  no  more
     2  than  once in a federal fiscal year to cover public assistance stolen on
     3  or after October first, two thousand twenty-four.
     4    5.  Any  replacement  assistance  provided under this section shall be
     5  exempt from recoupment and recovery provisions under title six of  arti-
     6  cle  three of this chapter; provided, however, that assistance shall not
     7  be exempt from recoupment and recovery if it is  later  determined  that
     8  the public assistance that was replaced pursuant to this section was not
     9  stolen  as  a result of card skimming, cloning, third party misrepresen-
    10  tation or other similar fraudulent activities.
    11    § 2. This act shall take effect immediately.
 
    12                                   PART Z
 
    13    Section 1.   Paragraphs (a), (b), (c) and  (d)  of  subdivision  1  of
    14  section  131-o  of  the  social services law, as amended by section 1 of
    15  part S of chapter 56 of the  laws  of  2022,  are  amended  to  read  as
    16  follows:
    17    (a)  in  the  case of each individual receiving family care, an amount
    18  equal to at least [$161.00] $175.00 for each month beginning on or after
    19  January first, two thousand [twenty-two] twenty-three.
    20    (b) in the case of each  individual  receiving  residential  care,  an
    21  amount  equal  to at least [$186.00] $202.00 for each month beginning on
    22  or after January first, two thousand [twenty-two] twenty-three.
    23    (c) in the case of  each  individual  receiving  enhanced  residential
    24  care,  an  amount  equal  to  at  least [$222.00] $241.00 for each month
    25  beginning on or after January first, two thousand  [twenty-two]  twenty-
    26  three.
    27    (d)  for  the  period  commencing January first, two thousand [twenty-
    28  three] twenty-four, the monthly personal needs  allowance  shall  be  an
    29  amount  equal  to  the sum of the amounts set forth in subparagraphs one
    30  and two of this paragraph:
    31    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
    32  subdivision; and
    33    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
    34  the percentage of any  federal  supplemental  security  income  cost  of
    35  living adjustment which becomes effective on or after January first, two
    36  thousand  [twenty-three]  twenty-four,  but prior to June thirtieth, two
    37  thousand  [twenty-three]  twenty-four,  rounded  to  the  nearest  whole
    38  dollar.
    39    §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
    40  section 209 of the social services law, as amended by section 2 of  part
    41  S of chapter 56 of the laws of 2022, are amended to read as follows:
    42    (a)  On  and  after  January  first, two thousand [twenty-two] twenty-
    43  three, for an eligible individual living alone, [$928.00] $1,001.00; and
    44  for an eligible couple living alone, [$1,365.00] $1,475.00.
    45    (b)  On  and  after   January   first,   two   thousand   [twenty-two]
    46  twenty-three,  for  an  eligible  individual  living with others with or
    47  without in-kind income, [$864.00] $937.00; and for  an  eligible  couple
    48  living   with   others  with  or  without  in-kind  income,  [$1,307.00]
    49  $1,417.00.
    50    (c) On and after January first, two thousand [twenty-two]twenty-three,
    51  (i) for  an  eligible  individual  receiving  family  care,  [$1,107.48]
    52  $1,180.48 if he or she is receiving such care in the city of New York or
    53  the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
    54  eligible couple receiving family care in the city of  New  York  or  the

        S. 4006--C                         43                         A. 3006--C
 
     1  county of Nassau, Suffolk, Westchester or Rockland, two times the amount
     2  set  forth in subparagraph (i) of this paragraph; or (iii) for an eligi-
     3  ble individual receiving such care in any other  county  in  the  state,
     4  [$1,069.48]  $1,142.48;  and  (iv) for an eligible couple receiving such
     5  care in any other county in the state, two times the amount set forth in
     6  subparagraph (iii) of this paragraph.
     7    (d)  On  and  after   January   first,   two   thousand   [twenty-two]
     8  twenty-three, (i) for an eligible individual receiving residential care,
     9  [$1,276.00] $1,349.00 if he or she is receiving such care in the city of
    10  New  York or the county of Nassau, Suffolk, Westchester or Rockland; and
    11  (ii) for an eligible couple receiving residential care in  the  city  of
    12  New  York or the county of Nassau, Suffolk, Westchester or Rockland, two
    13  times the amount set forth in subparagraph (i)  of  this  paragraph;  or
    14  (iii) for an eligible individual receiving such care in any other county
    15  in  the  state,  [$1,246.00]  $1,319.00; and (iv) for an eligible couple
    16  receiving such care in any other county in  the  state,  two  times  the
    17  amount set forth in subparagraph (iii) of this paragraph.
    18    (e)   On   and   after   January   first,  two  thousand  [twenty-two]
    19  twenty-three, (i) for an eligible individual receiving enhanced residen-
    20  tial care, [$1,535.00]  $1,608.00;  and  (ii)  for  an  eligible  couple
    21  receiving  enhanced  residential care, two times the amount set forth in
    22  subparagraph (i) of this paragraph.
    23    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    24  vision shall be increased to reflect any increases  in  federal  supple-
    25  mental  security income benefits for individuals or couples which become
    26  effective on or after January first, two thousand  [twenty-three]  twen-
    27  ty-four  but  prior to June thirtieth, two thousand [twenty-three] twen-
    28  ty-four.
    29    § 3. This act shall take effect December 31, 2023.

    30                                   PART AA
 
    31    Section 1. 1. The state university of New York trustees shall  develop
    32  a  long-term  plan to address the impact fluctuations in student enroll-
    33  ment have on the academic and financial sustainability of state-operated
    34  institutions and community colleges. Such plan shall include, but not be
    35  limited to, projected student enrollments, an assessment of  degree  and
    36  credential  offerings,  initiatives  to  attract and retain students and
    37  faculty from diverse demographics, and any  research  benchmarks.    The
    38  plan  shall  also  include how the state university of New York trustees
    39  plan to stabilize  the  finances  of  all  campuses  and  leverage  each
    40  campus's strengths to improve its long-term success. The state universi-
    41  ty  of  New  York  trustees  shall submit such plan to the governor, the
    42  temporary president of the senate, and the speaker of the assembly on or
    43  before January 1, 2024.
    44    2. The city university of New York trustees shall develop a  long-term
    45  plan  to  address  the impact fluctuations in student enrollment have on
    46  the academic and financial sustainability of senior colleges and  commu-
    47  nity colleges. Such plan shall include, but not be limited to, projected
    48  student  enrollments,  an assessment of degree and credential offerings,
    49  initiatives to attract and retain  students  and  faculty  from  diverse
    50  demographics,  and  any research benchmarks. The plan shall also include
    51  how the city university of New  York  trustees  plan  to  stabilize  the
    52  finances of all campuses and leverage each campus's strengths to improve
    53  its  long-term  success.  The city university of New York trustees shall

        S. 4006--C                         44                         A. 3006--C
 
     1  submit such plan to the governor, the temporary president of the senate,
     2  and the speaker of the assembly on or before January 1, 2024.
     3    § 2. This act shall take effect immediately.
 
     4                                   PART BB
 
     5    Section  1.  Paragraph  (c)  of  subdivision 5 of section 409-a of the
     6  social services law, as amended by chapter 624 of the laws of  2019,  is
     7  amended to read as follows:
     8    (c)  Notwithstanding  any  other  provision  of  this section, where a
     9  social services official determines that a lack of adequate  housing  is
    10  the  primary factor preventing the discharge of a child or children from
    11  foster care including, but not limited to, children  with  the  goal  of
    12  discharge  to  independent living, preventive services shall include, in
    13  addition to any other payments  or  benefits  received  by  the  family,
    14  special  cash  grants  in  the  form  of  rent subsidies, including rent
    15  arrears, or any other assistance, sufficient to obtain adequate housing.
    16  Such rent subsidies or assistance shall not exceed the  sum  of  [three]
    17  seven hundred twenty-five dollars per month, shall not be provided for a
    18  period  of  more  than  three  years,  and shall be considered a special
    19  grant. Nothing in this paragraph shall be construed to limit the ability
    20  of those using such rent subsidy to live with roommates. The  provisions
    21  of  this  paragraph  shall  not  be  construed  to limit such official's
    22  authority to provide other preventive services.
    23    § 2. Subdivision 7 of section 409-a of the  social  services  law,  as
    24  amended  by  chapter  624  of  the  laws  of 2019, is amended to read as
    25  follows:
    26    7. Notwithstanding any other provision of this section,  if  a  social
    27  services official determines that a lack of adequate housing is a factor
    28  that may cause the entry of a child or children into foster care and the
    29  family  has  at least one service need other than lack of adequate hous-
    30  ing, preventive services may include, in addition to any other  payments
    31  or  benefits  received by the family, special cash grants in the form of
    32  rent subsidies, including rent arrears, or any other assistance,  suffi-
    33  cient  to  obtain  adequate  housing.  Such rent subsidies or assistance
    34  shall not exceed the sum of [three] seven  hundred  twenty-five  dollars
    35  per  month, shall not be provided for a period of more than three years,
    36  and shall be considered a special grant.  Nothing  in  this  subdivision
    37  shall be construed to limit the ability of those using such rent subsidy
    38  to  live  with  roommates. The provisions of this paragraph shall not be
    39  construed to limit such official's authority to provide other preventive
    40  services.
    41    § 3. This act shall take effect January 1, 2024.
 
    42                                   PART CC
 
    43    Section 1. Section 33 of chapter 277 of the laws of 2021 amending  the
    44  labor  law  relating  to  the calculation of weekly employment insurance
    45  benefits for workers who are partially unemployed, as amended by section
    46  1 of part JJ of chapter 56 of the laws of 2022, is amended  to  read  as
    47  follows:
    48    §  33.  This act shall take effect on the thirtieth day after it shall
    49  have become a law; provided, however, that sections one  through  thirty
    50  of  this act shall take effect on the first Monday after April 1, [2023]
    51  2024 or thirty days after the commissioner of labor certifies  that  the
    52  department  of  labor  has  an  information technology system capable of

        S. 4006--C                         45                         A. 3006--C
 
     1  accommodating the amendments in this act, whichever occurs earlier,  and
     2  shall  be  applicable  to  all claims filed and payments made after such
     3  date; provided that section thirty-one of this act shall take effect  on
     4  the thirtieth day after it shall have become a law and shall be applica-
     5  ble  to  new  claims  on  such  date  and thereafter and shall be deemed
     6  repealed on the same date as the remaining provisions of this  act  take
     7  effect.  In a manner consistent with the provisions of this section, the
     8  commissioner of labor shall notify the legislative bill drafting commis-
     9  sion  upon issuing his or her certification in order that the commission
    10  may maintain an accurate and timely effective data base of the  official
    11  text  of  the  laws of the state of New York in furtherance of effecting
    12  the provisions of section 44 of the legislative law and section 70-b  of
    13  the  public  officers  law,  and provided further that the amendments to
    14  subdivision 1 of section 591 of the labor law made by section twelve  of
    15  this act shall be subject to the expiration and reversion of such subdi-
    16  vision  pursuant  to  section  10 of chapter 413 of the laws of 2003, as
    17  amended, when upon such date the provisions of section thirteen of  this
    18  act  shall  take effect; provided further that the amendments to section
    19  591-a of the labor law made by section fifteen of  this  act  shall  not
    20  affect  the  repeal  of such section and shall be deemed repealed there-
    21  with.
    22    § 2. This act shall take effect immediately and  shall  be  deemed  to
    23  have been in full force and effect on and after April 1, 2023.
 
    24                                   PART DD
 
    25    Section  1.  Section  410-w  of  the social services law is amended by
    26  adding a new subdivision 3-a to read as follows:
    27    3-a. A local social services district may, upon  notification  to  the
    28  office, utilize a presumptive eligibility standard to provide child care
    29  assistance,  in accordance with this subdivision. The office of children
    30  and family services  shall  issue  guidance  regarding  the  preliminary
    31  eligibility  criteria  to  be  used  by  local social services districts
    32  utilizing a presumptive eligibility standard.
    33    (a) A local social services district opting to utilize  a  presumptive
    34  eligibility  standard,  shall,  upon receipt of an application for child
    35  care assistance, including all completed documentation required  by  the
    36  district, complete a preliminary eligibility determination.
    37    (b)  If  the  family  meets  the preliminary eligibility criteria, the
    38  family shall be presumed eligible for  child  care  assistance  for  the
    39  period  from the date of the application to the date of the final eligi-
    40  bility determination.
    41    (c) If, upon final determination, a family is determined to be  eligi-
    42  ble  for  child  care  assistance  under subdivision one or four of this
    43  section, the social services district may utilize child care block grant
    44  funds for the presumptive eligibility period.
    45    (d) If, upon final determination, a family is determined to be  ineli-
    46  gible  for  child  care assistance under subdivision one or four of this
    47  section, the social services district must utilize local funds  for  the
    48  presumptive eligibility period.
    49    (e)  If,  upon  final  determination,  the  application for child care
    50  services is denied, the social  services  district  shall  send  written
    51  notice to the applicant of the determination of ineligibility and of the
    52  applicant's  right  to a fair hearing in accordance with the regulations
    53  of the office.

        S. 4006--C                         46                         A. 3006--C
 
     1    § 2. This act shall take effect one year after it shall have become  a
     2  law.

     3                                   PART EE
 
     4    Section 1. Paragraph b of subdivision 1 and subparagraph (ii) of para-
     5  graph  b  of  subdivision 2 of section 667-c of the education law, para-
     6  graph b of subdivision 1 as amended and subparagraph (ii) of paragraph b
     7  of subdivision 2 as added by section 1 of part E of chapter  56  of  the
     8  laws of 2022, are amended to read as follows:
     9    b.  part-time  students  enrolled  at  a community college or a public
    10  agricultural and technical college in a non-degree workforce  credential
    11  program  directly  leading to the employment or advancement of a student
    12  in a "significant industry" as identified by the department of labor  in
    13  its three most recent statewide significant industries reports published
    14  preceding  the student's enrollment in such non-degree workforce creden-
    15  tial program. The state university of New York and the  city  university
    16  of  New  York  shall  publish and maintain a master list of all eligible
    17  non-degree workforce credential program courses  and  update  such  list
    18  every  semester. Eligible non-degree workforce credential programs shall
    19  include those programs less than twelve semester hours,  or  the  equiv-
    20  alent,  per  semester. A student who successfully completes a non-degree
    21  workforce credential program and receives part-time  tuition  assistance
    22  program  awards  pursuant  to  this  paragraph shall be awarded academic
    23  credit by the state university of New York or  city  university  of  New
    24  York  upon  matriculation  into  a  degree  program at such institution,
    25  provided that such credit shall be equal  to  the  corresponding  credit
    26  hours earned in the non-degree workforce credential program.
    27    (ii)  is  enrolled  in  an  approved  non-degree  workforce credential
    28  program at a community college or a public  agricultural  and  technical
    29  college pursuant to paragraph b of subdivision one of this section.
    30    § 2. This act shall take effect immediately.
 
    31                                   PART FF
 
    32    Section 1. The department of economic development, in conjunction with
    33  the  empire  state development corporation, the department of education,
    34  the office of parks, recreation and historic preservation,  the  depart-
    35  ment of environmental conservation, the department of state, and the New
    36  York  state council on the arts, is hereby directed to conduct a compre-
    37  hensive study on public and private museums in  the  state.  Such  study
    38  shall include, but not be limited to:
    39    1. taking a census of public and private museums in the state, includ-
    40  ing  information  on  the  size, hours of operation, visitor statistics,
    41  funding  sources  and  amounts,  and  the  subjects  of   the   museums'
    42  collections, of the many museums throughout the state.
    43    2.  identifying  the  benefits,  shortfalls  and  consequences  of the
    44  different sources of support museums receive  publicly  and  those  they
    45  must find privately.
    46    3.  providing  information  and  recommendations  so  as to inform the
    47  legislature of the adequacy of public and private sources of the funding
    48  for museums in the state and to serve current and future funding  needs,
    49  recommend  systems  of  support to best ensure equitable distribution of
    50  such funds, regardless of discipline, budget size, or location, and  the
    51  continued  accessibility and availability of museums promoting a general
    52  interest in cultural and historical  topics,  fine  arts,  physical  and

        S. 4006--C                         47                         A. 3006--C
 
     1  natural sciences, technology, engineering and mathematics, and to deter-
     2  mine  the  feasibility of a single reporting system that includes active
     3  oversight.
     4    §  2. A report of the findings of such study, recommendations, and any
     5  proposed legislation necessary to implement such  recommendations  shall
     6  be  filed  with the governor, the temporary president of the senate, and
     7  the speaker of the assembly within one year after the effective date  of
     8  this act.
     9    § 3. This act shall take effect immediately.
 
    10                                   PART GG
 
    11    Section 1. Section 722-b of the county law, as amended by section 2 of
    12  part J of chapter 62 of the laws of 2003, is amended to read as follows:
    13    §  722-b.  Compensation  and  reimbursement for representation. 1. All
    14  counsel assigned in accordance with a plan of a bar association conform-
    15  ing to the requirements of section  seven  hundred  twenty-two  of  this
    16  article  whereby the services of private counsel are rotated and coordi-
    17  nated by an administrator shall at the conclusion of the  representation
    18  receive[:
    19    (a)  for  representation of a person entitled to representation by law
    20  who is initially charged with a misdemeanor or  lesser  offense  and  no
    21  felony,  compensation  for  such misdemeanor or lesser offense represen-
    22  tation at a rate of sixty dollars per hour for time expended in court or
    23  before a magistrate, judge or justice, and sixty dollars  per  hour  for
    24  time  reasonably  expended out of court, and shall receive reimbursement
    25  for expenses reasonably incurred; and
    26    (b)] for representation of a person in all [other] cases  governed  by
    27  this  article,  including  all  representation  in  an  appellate court,
    28  compensation at a rate of [seventy-five] one hundred fifty-eight dollars
    29  per hour for time expended  in  court  before  a  magistrate,  judge  or
    30  justice  and [seventy-five] one hundred fifty-eight dollars per hour for
    31  time reasonably expended out of court, and shall  receive  reimbursement
    32  for expenses reasonably incurred.
    33    2.  Except  as  provided in subdivision three of this section, compen-
    34  sation for time expended in providing representation[:
    35    (a)] pursuant to [paragraph (a) of] subdivision one  of  this  section
    36  shall not exceed [two] ten thousand [four hundred] dollars[; and
    37    (b) pursuant to paragraph (b) of subdivision one of this section shall
    38  not exceed four thousand four hundred dollars].
    39    3.  For  representation  on  an appeal, compensation and reimbursement
    40  shall be fixed by the appellate court.  For  all  other  representation,
    41  compensation  and reimbursement shall be fixed by the trial court judge.
    42  In extraordinary circumstances a trial or appellate  court  may  provide
    43  for  compensation  in  excess of the foregoing limits and for payment of
    44  compensation and reimbursement for expenses before the completion of the
    45  representation.
    46    4. Each claim for compensation and reimbursement shall be supported by
    47  a sworn statement  specifying  the  time  expended,  services  rendered,
    48  expenses  incurred  and  reimbursement  or  compensation  applied for or
    49  received in the same case from any other  source.  No  counsel  assigned
    50  hereunder  shall  seek  or accept any fee for representing the party for
    51  whom he or she is assigned without  approval  of  the  court  as  herein
    52  provided.
    53    §  2. Section 722-c of the county law, as amended by section 3 of part
    54  J of chapter 62 of the laws of 2003, is amended to read as follows:

        S. 4006--C                         48                         A. 3006--C
 
     1    § 722-c. Services other than counsel. Upon a finding in  an  ex  parte
     2  proceeding  that  investigative,  expert or other services are necessary
     3  and that the defendant or other person described in section two  hundred
     4  forty-nine  or  section  two  hundred sixty-two of the family court act,
     5  article six-C of the correction law or section four hundred seven of the
     6  surrogate's  court  procedure act, is financially unable to obtain them,
     7  the court shall authorize counsel, whether or not assigned in accordance
     8  with a plan, to obtain the services on behalf of the defendant  or  such
     9  other person. The court upon a finding that timely procurement of neces-
    10  sary  services  could  not  await  prior authorization may authorize the
    11  services nunc pro tunc. The court  shall  determine  reasonable  compen-
    12  sation  for  the  services and direct payment to the person who rendered
    13  them or to the person entitled to reimbursement. Only  in  extraordinary
    14  circumstances  may the court provide for compensation in excess of [one]
    15  three thousand  dollars  per  investigative,  expert  or  other  service
    16  provider.
    17    Each  claim  for  compensation shall be supported by a sworn statement
    18  specifying the time expended, services rendered, expenses  incurred  and
    19  reimbursement  or  compensation applied for or received in the same case
    20  from any other source.
    21    § 3. Subdivisions 3 and 4 of section 35 of the judiciary law, subdivi-
    22  sion 3 as amended by section 5 of part J of chapter 62 of  the  laws  of
    23  2003,  and  subdivision  4 as amended by chapter 706 of the laws of 1975
    24  and as renumbered by chapter 315 of the laws of  1985,  are  amended  to
    25  read as follows:
    26    3.  a.  No  counsel  assigned  pursuant  to this section shall seek or
    27  accept any fee for representing  the  person  for  whom  he  or  she  is
    28  assigned  without  approval of the court as herein provided. Whenever it
    29  appears that such person is financially able to obtain counsel  or  make
    30  partial  payment for the representation, counsel may report this fact to
    31  the court and the  court  may  terminate  the  assignment  or  authorize
    32  payment, as the interests of justice may dictate, to such counsel. Coun-
    33  sel  assigned  hereunder  shall  at the conclusion of the representation
    34  receive compensation at a rate of [seventy-five] one hundred fifty-eight
    35  dollars per hour for time expended  in  court,  and  [seventy-five]  one
    36  hundred fifty-eight dollars per hour for time reasonably expended out of
    37  court, and shall receive reimbursement for expenses reasonably incurred.
    38    b.  For  representation upon a hearing, compensation and reimbursement
    39  shall be fixed by the court  wherein  the  hearing  was  held  and  such
    40  compensation  shall  not  exceed  [four]  ten  thousand  [four  hundred]
    41  dollars. For representation in  an  appellate  court,  compensation  and
    42  reimbursement  shall  be fixed by such court and such compensation shall
    43  not exceed [four] ten thousand [four hundred] dollars. In  extraordinary
    44  circumstances  the  court  may provide for compensation in excess of the
    45  foregoing limits.
    46    4. In any proceeding described in paragraph [(a)] a of subdivision one
    47  of this section, when a person is alleged to be mentally  ill,  mentally
    48  defective  or a narcotic addict, the court which ordered the hearing may
    49  appoint no more  than  two  psychiatrists,  certified  psychologists  or
    50  physicians  to  examine and testify at the hearing upon the condition of
    51  such person. A psychiatrist,  psychologist  or  physician  so  appointed
    52  shall,  upon  completion  of [his] their services, receive reimbursement
    53  for expenses reasonably incurred and reasonable  compensation  for  such
    54  services,  to  be fixed by the court. Such compensation shall not exceed
    55  [two hundred] three thousand dollars [if one psychiatrist,  psychologist
    56  or  physician is appointed, or an aggregate sum of three hundred dollars

        S. 4006--C                         49                         A. 3006--C

     1  if two psychiatrists, psychologists or physicians are appointed], except
     2  that in extraordinary circumstances the court may  provide  for  compen-
     3  sation in excess of the foregoing limits.
     4    §  4.  This  act  shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after April 1, 2023. Effective
     6  immediately, the addition, amendment, and/or repeal of any rule or regu-
     7  lation necessary for the implementation of this  act  on  its  effective
     8  date are authorized to be made and completed on or before such effective
     9  date.
 
    10                                   PART HH
 
    11    Section  1.  Paragraph 1 of subsection (c-1) of section 606 of the tax
    12  law, as amended by section 1 of part P of chapter  59  of  the  laws  of
    13  2018, is amended to read as follows:
    14    (1)  A  resident taxpayer shall be allowed a credit as provided herein
    15  equal to the greater of one hundred dollars times the number of qualify-
    16  ing children of the taxpayer or the applicable percentage of  the  child
    17  tax  credit allowed the taxpayer under section twenty-four of the inter-
    18  nal revenue code for the same taxable year for  each  qualifying  child.
    19  Provided,  however,  in  the  case  of a taxpayer whose federal adjusted
    20  gross income exceeds  the  applicable  threshold  amount  set  forth  by
    21  section  24(b)(2) of the Internal Revenue Code, the credit shall only be
    22  equal to the applicable percentage of the child tax credit  allowed  the
    23  taxpayer under section 24 of the Internal Revenue Code for each qualify-
    24  ing child. For the purposes of this subsection, a qualifying child shall
    25  be  a  child  who  meets the definition of qualified child under section
    26  24(c) of the internal revenue code [and is at least four years of  age].
    27  The applicable percentage shall be thirty-three percent. For purposes of
    28  this  subsection,  any  reference  to section 24 of the Internal Revenue
    29  Code shall be a reference to such  section  as  it  existed  immediately
    30  prior to the enactment of Public Law 115-97.
    31    § 2. This act shall take effect immediately and shall apply to taxable
    32  years beginning on or after January 1, 2023.
 
    33                                   PART II
 
    34    Section  1.  Subdivisions 2, 5 and 6 of section 352-a of the education
    35  law, as added by section 1 of part F of chapter 83 of the laws of  2002,
    36  are amended to read as follows:
    37    2.  (a) Maritime college shall have a total of two hundred eighty-four
    38  vacancy positions set aside for applicants  who  are  nominated  by  the
    39  governor,  a  state  senator  or  a member of the assembly. Such vacancy
    40  nominations shall increase or decrease based upon the number  of  senate
    41  districts  authorized  pursuant  to  article three of the New York state
    42  constitution. An applicant who receives such a nomination,  is  accepted
    43  for  admission  into  the  college  and  participates  in the regimental
    44  program shall receive a [tuition] scholarship equal to the amount of the
    45  state tuition charge after the deduction of any available grant aid  for
    46  the  four  consecutive  years  following  his  or her admission into the
    47  program  provided,  however,   that   the   student   remains   in   the
    48  regimental/cadet degree program and remains at all times in good academ-
    49  ic standing as determined by the maritime college administration.  In no
    50  event shall a student lose his or her scholarship based upon legislative
    51  reapportionment  or  changes  in  legislative composition or membership.

        S. 4006--C                         50                         A. 3006--C

     1  Nothing herein shall be construed to  limit  or  reduce  the  number  of
     2  vacancies available to the general population.
     3    (b)  To  be eligible to receive such nomination and [tuition] scholar-
     4  ship, the applicant must be a resident of the  state.  For  purposes  of
     5  this  section,  a  state  resident  shall be defined as a person who has
     6  resided in the state of New York for a period of at least one year prior
     7  to the time of nomination, is a graduate or within one  year  of  gradu-
     8  ation from an approved high school or has attained a New York state high
     9  school  equivalency  diploma  or  its  equivalent  as  determined by the
    10  commissioner.
    11    5. The [tuition] scholarships authorized by this section shall be made
    12  available so long as funds are made available for such purposes.
    13    6. Any individual receiving a [tuition] scholarship pursuant  to  this
    14  section  shall  apply  for  all other available state, federal, or other
    15  educational grant aid at the time of enrollment. Any grant aid or finan-
    16  cial assistance received shall be utilized to offset the cost of tuition
    17  and the "Summer Sea Term" to the maximum extent  possible,  except  that
    18  nothing  shall require that aid or assistance received which may be used
    19  towards costs other than that of tuition shall  be  applied  toward  the
    20  cost of tuition.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART JJ
 
    23    Section  1.  The  racing,  pari-mutuel  wagering  and  breeding law is
    24  amended by adding a new section 502-a to read as follows:
    25    § 502-a. Special provisions with regard to the western  regional  off-
    26  track betting corporation. 1. Notwithstanding any inconsistent provision
    27  of  this article, on the effective date of this section the appointments
    28  of all members of the western  regional  off-track  betting  corporation
    29  appointed  prior to the effective date of this section are deemed termi-
    30  nated, and each such vacant board position shall be  replaced  with  the
    31  new appointments made pursuant to this section.
    32    2.  The western regional off-track betting corporation board of direc-
    33  tors shall be composed of seventeen members, one each to represent  each
    34  participating  county  within  the western off-track betting region, and
    35  one each to represent the city of Rochester and  the  city  of  Buffalo.
    36  Each  city  representative  shall  be appointed by the mayor of the city
    37  such  member  represents,  and  each  county  representative  shall   be
    38  appointed  by the county executive of the county such member represents;
    39  provided however, in the case of a county that does not  have  a  county
    40  executive,  such  county's board of supervisors shall appoint such coun-
    41  ty's representative.
    42    3.  No action shall be taken by the corporation except pursuant to the
    43  favorable vote of fifty-one  percent  of  the  total  authorized  voting
    44  strength of the board of directors. The total authorized voting strength
    45  of  the board of directors shall be the sum total of the votes specified
    46  in subdivisions four and seven of this section.
    47    4. The representatives of  each  of  the  participating  counties  and
    48  cities shall each have the following number of votes: the representative
    49  of  the  county of Niagara shall have eight votes, the representative of
    50  the county of Chautauqua shall have five votes,  the  representative  of
    51  the  county  of  Oswego shall have four votes, the representative of the
    52  county of Steuben shall have three  votes,  the  representative  of  the
    53  county of Wayne shall have three votes, the representative of the county
    54  of  Cattaraugus shall have three votes, the representative of the county

        S. 4006--C                         51                         A. 3006--C
 
     1  of Cayuga shall have three votes, the representative of  the  county  of
     2  Livingston  shall  have  two  votes, the representative of the county of
     3  Genesee shall have two votes, the representative of the county of  Wyom-
     4  ing  shall  have  one  vote, the representative of the county of Orleans
     5  shall have one vote, the representative of the county  of  Seneca  shall
     6  have  one  vote, the representative of the county of Schuyler shall have
     7  one vote, the representative of the county of Erie  shall  have  twenty-
     8  four votes, the representative of the county of Monroe shall have twenty
     9  votes,  the  representative of the city of Buffalo shall have ten votes,
    10  and the representative of the city of Rochester shall have eight votes.
    11    5. Each member of the corporation appointed pursuant to  this  section
    12  shall  be  appointed  for a term of four years; provided however, that a
    13  member's term shall not be terminated except for good cause shown.
    14    6. Members representing a majority of the total voting strength of the
    15  board of directors then in office shall  constitute  a  quorum  for  the
    16  transaction  of  any business or the exercise of any power of the corpo-
    17  ration. Except as otherwise specified in this section,  for  the  trans-
    18  action  of any business or the exercise of any power of the corporation,
    19  the corporation shall have the power to act by a majority  vote  of  the
    20  total  voting  strength  present  at any meeting at which a quorum is in
    21  attendance.
    22    7. The members of the  board  of  directors  shall  elect  from  their
    23  membership, by a majority vote of the total voting strength of the board
    24  of directors, a chairperson. Such chairperson shall serve as chairperson
    25  for  the duration of their term on the board of directors, or until such
    26  chairperson's resignation or upon removal by  a  majority  vote  of  the
    27  total  voting  strength  of  the board of directors. In addition to such
    28  chairperson's voting strength possessed by virtue of such  chairperson's
    29  representation  of  a  municipality which is a member of the board, such
    30  chairperson shall also have one additional vote.
    31    § 2. This act shall take effect immediately; provided,  however,  that
    32  effective immediately, cities and counties may take any action necessary
    33  to  begin  the  selection  and  appointment process for new board member
    34  terms pursuant to this act; and provided further, that upon selection of
    35  new board members, cities and counties shall notify the  corporation  of
    36  their  respective appointments via certified mail; and provided further,
    37  that this act shall expire and be deemed repealed four years after  such
    38  effective date.
 
    39                                   PART KK
 
    40    Section  1.  The  state  shall  make  available an amount equal to the
    41  $500,000,000 appropriated by a chapter of the laws of 2023 enacting  the
    42  fiscal  year  2023-2024  state  operations  budget  for  state  matching
    43  contributions to the endowments of the four university  centers  of  the
    44  state  university of New York as defined in section 352 of the education
    45  law. Such matching contributions  shall  provide  one  dollar  of  state
    46  matching  funds  for every two dollars of new private donations contrib-
    47  uted to the endowments of the foundations of the university  centers  at
    48  Albany, Binghamton, Buffalo, and Stony Brook, not to exceed $500,000,000
    49  in total state matching contributions.
    50    § 2. Payment of such state matching contributions shall be pursuant to
    51  a plan developed by the state university of New York and approved by the
    52  director of the budget. Such plan at a minimum shall: (i) require annual
    53  reporting  on  the  allocation  of  state  matching contributions and an
    54  accounting of private donations to  the  university  center  foundations

        S. 4006--C                         52                         A. 3006--C
 
     1  secured  for  state  matching  contributions;  (ii)  require use of such
     2  matching contributions to support the  employment  of  faculty  members,
     3  student  financial  aid, grants for research and development, and/or any
     4  other  program  or  function that supports university center operations;
     5  and (iii) align with student needs, programmatic needs, and the diversi-
     6  ty, equity, and inclusion activities of  the  state  university  of  New
     7  York.
     8    §  3.  As  a condition of eligibility for such state matching contrib-
     9  utions, each university center foundation shall be required  to  have  a
    10  contract with its respective university center that provides, at a mini-
    11  mum,  the services the foundation will provide to the university center,
    12  with such contract being subject to audit by the  state  comptroller  to
    13  the extent permitted by the state finance law.
    14    §  4. Each university center of the state university of New York shall
    15  be  eligible  for  state  matching  contributions  of   no   less   than
    16  $25,000,000.
    17    §  5. Each university center of the state university of New York shall
    18  be  eligible  for  state  matching  contributions  of   no   more   than
    19  $200,000,000.
    20    §  6.  This act shall take effect immediately, provided, however, that
    21  section five of this act shall expire and be deemed  repealed  April  1,
    22  2026.
 
    23                                   PART LL
 
    24    Section 1. Subparagraph (ii) of paragraph (a), paragraph (b), subpara-
    25  graphs  (i), (ii), (iii) and (v) of paragraph (c), paragraph (e) and the
    26  opening paragraph and subparagraphs (i) and (ii)  of  paragraph  (f)  of
    27  subdivision  6  of  section  3502 of the public health law, subparagraph
    28  (ii) of paragraph (a), paragraph (b), subparagraphs (i), (iii)  and  (v)
    29  of  paragraph  (c), paragraph (e) and the opening paragraph of paragraph
    30  (f) as added by chapter 313 of the laws of 2018,  subparagraph  (ii)  of
    31  paragraph  (c),  and  subparagraphs  (i)  and  (ii)  of paragraph (f) as
    32  amended by chapter 486 of the laws of  2022,  are  amended  to  read  as
    33  follows:
    34    (ii)  Notwithstanding  the  provisions  of  this  section or any other
    35  provision of law, rule or regulation to the contrary,  licensed  practi-
    36  tioners,  persons  licensed  under this article and unlicensed personnel
    37  employed at a state correctional facility may, in a manner permitted  by
    38  the  regulations  promulgated pursuant to this subdivision, utilize body
    39  imaging scanning equipment that applies ionizing radiation to humans for
    40  purposes of screening individuals detained in, committed  to,  visiting,
    41  or  employed  in such facility, in connection with the implementation of
    42  such facility's security program.
    43    (iii) The utilization of such body imaging scanning equipment shall be
    44  in accordance with regulations promulgated by  the  department,  or  for
    45  local  correctional  facilities  in  cities  having  a population of two
    46  million or more, such utilization shall  be  in  accordance  with  regu-
    47  lations promulgated by the New York city department of health and mental
    48  hygiene.  The  state  commission of correction, in consultation with the
    49  department of corrections and community  supervision,  shall  promulgate
    50  regulations  establishing  when  body imaging scanning equipment will be
    51  used to screen visitors and incarcerated individuals  in  state  correc-
    52  tional  facilities. Such regulations shall include provisions establish-
    53  ing that alternative methods of screening may  be  used  to  accommodate
    54  individuals  who  decline  or  are unable to be screened by body imaging

        S. 4006--C                         53                         A. 3006--C
 
     1  scanning equipment for medical reasons and that alternative  methods  of
     2  screening  may  be  used  to  accommodate  individuals who decline to be
     3  screened for  other  reasons,  unless  security  considerations  warrant
     4  otherwise.  Such  regulations  shall also ensure that no person shall be
     5  subjected to any  form  of  harassment,  intimidation,  or  disciplinary
     6  action for choosing to be searched by an alternative method of screening
     7  in lieu of body imaging scanning.
     8    The  department of corrections and community supervision shall promul-
     9  gate regulations establishing when body imaging scanning equipment  will
    10  be  used to screen employees of the department of corrections and commu-
    11  nity supervision, provided,  however  that  such  regulations  shall  be
    12  consistent  with  the  policies  and  procedures  of  the  department of
    13  corrections and community supervision governing the search of employees.
    14  Such regulations shall include provisions establishing that  alternative
    15  methods  of screening may be used to accommodate individuals who decline
    16  or are unable to be screened by  body  imaging  scanning  equipment  for
    17  medical  or  other  reasons.  Such regulations shall also ensure that no
    18  person shall be subjected to any form of  harassment,  intimidation,  or
    19  disciplinary action for choosing to be searched by an alternative method
    20  of  screening in lieu of body imaging scanning. An employee's request to
    21  be searched by an alternative method of screening in lieu of body  imag-
    22  ing  scanning  shall  not, in itself, be grounds for disciplinary action
    23  against such employee.
    24    (b) Prior to establishing, maintaining or  operating  in  a  state  or
    25  local  correctional  facility,  any body imaging scanning equipment, the
    26  chief administrative officer of the  facility  shall  ensure  that  such
    27  facility  is  in compliance with the regulations promulgated pursuant to
    28  this subdivision and otherwise applicable requirements for the installa-
    29  tion, registration, maintenance, operation and inspection of body  imag-
    30  ing scanning equipment.
    31    (i) A requirement that prior to operating body imaging scanning equip-
    32  ment,  unlicensed  personnel  employed  at  state  or local correctional
    33  facilities shall have successfully completed a training course  approved
    34  by the department, or for local correctional facilities in cities of two
    35  million  or more, approved by the New York city department of health and
    36  mental hygiene, and that such personnel receive additional  training  on
    37  an annual basis;
    38    (ii) Limitations on exposure which shall be no more than fifty percent
    39  of  the annual exposure limits for non-radiation workers as specified by
    40  applicable regulations, except that [incarcerated] individuals under the
    41  age of eighteen shall not be subject to more than five percent  of  such
    42  annual  exposure limits, and pregnant women shall not be subject to such
    43  scanning at any time. Procedures for identifying pregnant women shall be
    44  set forth in the regulations;
    45    (iii) Registration with the department of each body  imaging  scanning
    46  machine  purchased or installed at a state or local correctional facili-
    47  ty;
    48    (v) A requirement that records be kept  regarding  each  use  of  body
    49  imaging scanning equipment by the state or local correctional facility.
    50    (e) For the purposes of this subdivision[,]:
    51    (i)  "[local] Local correctional facility" shall have the same meaning
    52  as found in subdivision sixteen of section two of the correction law.
    53    (ii) "State correctional facility" shall mean a "correctional  facili-
    54  ty" as defined in subdivision four of section two of the correction law.
    55    Any local government agency that utilizes body imaging scanning equip-
    56  ment  in  a  local  correctional  facility  under its jurisdiction shall

        S. 4006--C                         54                         A. 3006--C
 
     1  submit an annual report to the department, the speaker of the  assembly,
     2  and  the  temporary  president of the senate.   If body imaging scanning
     3  equipment is utilized in one or more state correctional facilities,  the
     4  department  of  corrections  and  community  supervision shall submit an
     5  annual report to the department, the speaker of the  assembly,  and  the
     6  temporary  president  of  the  senate.  Such  report by either the local
     7  government agency or the department of corrections and community  super-
     8  vision  shall be submitted within eighteen months after the initial date
     9  of registration of such equipment  with  the  department,  and  annually
    10  thereafter,  and shall contain the following information as to each such
    11  facility:
    12    (i) For local correctional facilities, the number of times the  equip-
    13  ment was used on incarcerated individuals upon intake, after visits, and
    14  upon  the suspicion of contraband, as well as any other event that trig-
    15  gers the use of such equipment[;
    16    (ii)], and the average, median, and highest number of times the equip-
    17  ment was used on any incarcerated individual, with  corresponding  expo-
    18  sure levels; and
    19    (ii) For state correctional facilities, the number of times the equip-
    20  ment  was  used on individuals detained in, committed to, working in, or
    21  visiting the facility upon intake, before work shift, after work  shift,
    22  before  visits,  after  visits, and upon the suspicion of contraband, as
    23  well as any other event that triggers the use of such equipment, and the
    24  average, median, and highest number of times the equipment was  used  on
    25  any  individual  detained  in, committed to, working in, or visiting the
    26  facility, with corresponding exposure levels.
    27    § 2. This act shall take effect on the one hundred twentieth day after
    28  it shall have become a law; provided however,  that  the  amendments  to
    29  subdivision  6  of section 3502 of the public health law made by section
    30  one of this act shall not affect the  repeal  of  such  subdivision  and
    31  shall be deemed repealed therewith. Effective immediately, the addition,
    32  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    33  implementation of this act on its effective date are  authorized  to  be
    34  made and completed on or before such effective date.
 
    35                                   PART MM
 
    36    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    37  section 1111-c-1 to read as follows:
    38    § 1111-c-1. Owner liability for failure of operator to comply with bus
    39  operation-related traffic regulations. (a) 1. Notwithstanding any  other
    40  provision  of  law,  the  city  of  New  York  is  hereby authorized and
    41  empowered to establish a demonstration program imposing monetary liabil-
    42  ity on the owner of a vehicle for failure  of  an  operator  thereof  to
    43  comply  with  bus  operation-related  traffic regulations, in accordance
    44  with the provisions of this section.  The New York  city  department  of
    45  transportation  and/or  applicable  mass transit agency, for purposes of
    46  the implementation of such program, shall operate bus  operation-related
    47  photo devices that may be stationary or mobile and shall be activated at
    48  locations  determined  by  such  department  of transportation and/or on
    49  buses selected by such department of transportation in consultation with
    50  the applicable mass transit agency.
    51    2. Any photographs,  microphotographs,  videotape  or  other  recorded
    52  images captured by bus operation-related photo devices shall be inadmis-
    53  sible  in  any  disciplinary  proceeding convened by the applicable mass
    54  transit agency or any subsidiary thereof and any proceeding initiated by

        S. 4006--C                         55                         A. 3006--C
 
     1  the department involving licensure  privileges  of  bus  operators.  Any
     2  mobile  bus  operation-related  photo  device  mounted on a bus shall be
     3  directed outwardly from such bus to capture images of vehicles  operated
     4  in  violation  of  bus operation-related traffic regulations, and images
     5  produced by such device shall not be used for any other purpose  in  the
     6  absence of a court order requiring such images to be produced.
     7    3.  (i)  The  city  of  New  York  shall adopt and enforce measures to
     8  protect the privacy of drivers,  passengers,  pedestrians  and  cyclists
     9  whose  identity  and  identifying  information  may be captured by a bus
    10  operation-related photo device. Such measures shall include:
    11    (A) utilization of necessary technologies to  ensure,  to  the  extent
    12  practicable,  that  photographs,  microphotographs,  videotape  or other
    13  recorded images produced by such  bus  operation-related  photo  devices
    14  shall  not  include  images that identify the driver, the passengers, or
    15  the contents of the  vehicle.  Provided,  however,  that  no  notice  of
    16  liability  issued  pursuant  to  this  section shall be dismissed solely
    17  because such a photograph, microphotograph, videotape or other  recorded
    18  image  allows  for  the identification of the driver, the passengers, or
    19  the contents of a vehicle where the city shows that it  made  reasonable
    20  efforts to comply with the provisions of this paragraph in such case;
    21    (B)  the installation of signage that is clearly visible to drivers at
    22  regular intervals along and  adjacent  to  roadways  upon  which  mobile
    23  and/or  stationary  bus  operation-related  photo  devices  are operated
    24  pursuant to a demonstration program authorized pursuant to this  section
    25  stating  that  mobile  and/or  stationary  bus  operation-related  photo
    26  devices are used to enforce bus operation-related  traffic  regulations,
    27  in conformance with standards established in the MUTCD; and
    28    (C)  oversight  procedures  to  ensure  compliance  with  the  privacy
    29  protection measures under this subdivision.
    30    (ii) Photographs, microphotographs, videotape or  any  other  recorded
    31  image  from a bus operation-related photo device shall be for the exclu-
    32  sive use of the city of New York for the purpose of the adjudication  of
    33  liability  imposed pursuant to this section and of the owner receiving a
    34  notice of liability pursuant to this section, and shall be destroyed  by
    35  such  city upon the final resolution of the notice of liability to which
    36  such photographs, microphotographs, videotape or other  recorded  images
    37  relate,  or  one  year  following the date of issuance of such notice of
    38  liability, whichever is later. Notwithstanding  the  provisions  of  any
    39  other  law, rule or regulation to the contrary, photographs, microphoto-
    40  graphs, videotape or any other recorded image from a  bus  operation-re-
    41  lated photo device shall not be open to the public, nor subject to civil
    42  or  criminal  process or discovery, nor used by any court or administra-
    43  tive or adjudicatory body in any action  or  proceeding  therein  except
    44  that  which  is  necessary for the adjudication of a notice of liability
    45  issued pursuant to this section, and no public entity or employee, offi-
    46  cer or agent thereof shall disclose such information, except  that  such
    47  photographs,  microphotographs,  videotape  or any other recorded images
    48  from such systems:
    49    (A) shall be available for inspection and copying and use by the motor
    50  vehicle owner and operator for so long as such photographs,  microphoto-
    51  graphs, videotape or other recorded images are required to be maintained
    52  or are maintained by such public entity, employee, officer or agent; and
    53    (B)  (1)  shall be furnished when described in a search warrant issued
    54  by a court authorized to issue such a search warrant pursuant to article
    55  six hundred ninety of the criminal procedure  law  or  a  federal  court
    56  authorized  to issue such a search warrant under federal law, where such

        S. 4006--C                         56                         A. 3006--C
 
     1  search warrant states that there is reasonable  cause  to  believe  such
     2  information  constitutes  evidence  of,  or tends to demonstrate that, a
     3  misdemeanor or felony offense was committed in  this  state  or  another
     4  state,  or  that a particular person participated in the commission of a
     5  misdemeanor or felony offense in this state or another state,  provided,
     6  however, that if such offense was against the laws of another state, the
     7  court  shall only issue a warrant if the conduct comprising such offense
     8  would, if occurring in this state, constitute a  misdemeanor  or  felony
     9  against the laws of this state; and
    10    (2) shall be furnished in response to a subpoena duces tecum signed by
    11  a  judge  of  competent  jurisdiction and issued pursuant to article six
    12  hundred ten of the criminal procedure law or a judge or magistrate of  a
    13  federal  court  authorized  to  issue  such a subpoena duces tecum under
    14  federal law, where the judge finds and the subpoena states that there is
    15  reasonable cause to believe such information is relevant and material to
    16  the prosecution, or the defense, or the investigation by  an  authorized
    17  law  enforcement official, of the alleged commission of a misdemeanor or
    18  felony in this state or another state, provided, however, that  if  such
    19  offense  was against the laws of another state, such judge or magistrate
    20  shall only issue such subpoena if the conduct  comprising  such  offense
    21  would, if occurring in this state, constitute a misdemeanor or felony in
    22  this state; and
    23    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
    24  of this subparagraph and otherwise admissible, be used in such  criminal
    25  action or proceeding.
    26    (iii) The demonstration program authorized pursuant to this section is
    27  prohibited  from  utilizing  and  from  arranging for the utilization of
    28  biometric identifying technology, including but not  limited  to  facial
    29  recognition  technology,  for  any purpose. The use, and the arrangement
    30  for the use, of biometric  identifying  technology,  including  but  not
    31  limited  to  facial  recognition technology, on photographs, microphoto-
    32  graphs, videotape, or any other recorded image or data produced by a bus
    33  operation-related photo device, by  any  person  for  any  purpose,  are
    34  prohibited.   For purposes of this subparagraph, "person" shall include,
    35  but not be limited to, a human being, a public or  private  corporation,
    36  an  unincorporated association, a partnership, a government or a govern-
    37  mental instrumentality, a court or  an  administrative  or  adjudicatory
    38  body, and any employee, officer, and agent of the foregoing.
    39    (iv) Any applicable mass transit agency operating bus operation-relat-
    40  ed  photo  devices  shall  be prohibited from accessing any photographs,
    41  microphotographs, videotapes, other recorded images  or  data  from  bus
    42  operation-related photo devices but shall provide, pursuant to an agree-
    43  ment  with  the city of New York, for the proper handling and custody of
    44  such photographs, microphotographs, videotapes,  other  recorded  images
    45  and data produced by such systems, and for the forwarding of such photo-
    46  graphs,  microphotographs, videotapes, other recorded images and data to
    47  such city for the purpose of determining whether  a  motor  vehicle  was
    48  operated  in  violation of bus operation-related traffic regulations and
    49  imposing monetary liability on the owner of such motor vehicle therefor.
    50    (v) Every bus upon which a mobile bus operation-related  photo  device
    51  is installed and operated pursuant to a demonstration program authorized
    52  pursuant to this section shall be equipped with signs, placards or other
    53  displays  giving  notice to approaching motor vehicle operators that bus
    54  operation-related photo devices are used to enforce bus operation-relat-
    55  ed traffic regulations.

        S. 4006--C                         57                         A. 3006--C
 
     1    (b) Warning notices of violation shall  be  issued  during  the  first
     2  sixty days that bus operation-related photo devices pursuant to a demon-
     3  stration program authorized by this section are active and in operation.
     4    (c)  If  the  city of New York has established a demonstration program
     5  pursuant to subdivision (a) of this section,  the  owner  of  a  vehicle
     6  shall  be  liable for a penalty imposed pursuant to this section if such
     7  vehicle was used or operated with the permission of the  owner,  express
     8  or  implied,  in  violation  of  any bus operation-related traffic regu-
     9  lations and such violation is evidenced by information obtained  from  a
    10  bus  operation-related photo device; provided however that no owner of a
    11  vehicle shall be liable for a penalty imposed pursuant to  this  section
    12  where  the operator of such vehicle has been convicted of the underlying
    13  violation of such bus operation-related traffic regulation.
    14    (d) For purposes of this section the following terms  shall  have  the
    15  following meanings:
    16    1.  "owner"  shall  have the meaning provided in article two-B of this
    17  chapter.
    18    2. "bus operation-related photo device" shall mean a  device  that  is
    19  capable of operating independently of an enforcement officer and produc-
    20  es  one or more images of each vehicle at the time it is in violation of
    21  a bus operation-related traffic regulation.
    22    3. "bus operation-related traffic regulations" shall mean the  follow-
    23  ing  provisions  set  forth  in chapter four of title thirty-four of the
    24  rules of the city of New  York,  adopted  pursuant  to  section  sixteen
    25  hundred  forty-two  of  this chapter: 4-08(c)(3), violation of posted no
    26  standing rules prohibited-bus  stop;  4-08(e)(9),  general  no  stopping
    27  zones-bicycle  lanes; 4-08(f)(1), general no standing zones-double park-
    28  ing; and 4-08(f)(4), general no standing zones-bus lane.
    29    4. "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    5.  "biometric  identifying  technology"  shall mean any tool using an
    34  automated or semi-automated process that assists in verifying a person's
    35  identity based on a person's biometric information.
    36    6. "biometric information" shall mean any measurable physical, physio-
    37  logical or behavioral characteristics that are attributable to a person,
    38  including but not limited to facial characteristics, fingerprint charac-
    39  teristics, hand characteristics, eye characteristics,  vocal  character-
    40  istics,  and  any  other  characteristics that can be used to identify a
    41  person including, but not limited to: fingerprints;  handprints;  retina
    42  and iris patterns; DNA sequence; voice; gait; and facial geometry.
    43    7.  "facial  recognition"  shall  mean  any tool using an automated or
    44  semi-automated process that assists in uniquely identifying or verifying
    45  a person by comparing and analyzing patterns based on the person's face.
    46    (e) A certificate, sworn to or affirmed by a  technician  employed  by
    47  the  city  of  New  York  in  which the charged violation occurred, or a
    48  facsimile thereof, based upon  inspection  of  photographs,  microphoto-
    49  graphs,  videotape or other recorded images produced by a bus operation-
    50  related photo device,  shall  be  prima  facie  evidence  of  the  facts
    51  contained  therein.    Any  photographs,  microphotographs, videotape or
    52  other recorded images evidencing such a violation shall be available for
    53  inspection in any  proceeding  to  adjudicate  the  liability  for  such
    54  violation pursuant to this section.
    55    (f) An owner liable for a violation of a bus operation-related traffic
    56  regulation  pursuant  to a demonstration program established pursuant to

        S. 4006--C                         58                         A. 3006--C
 
     1  this section shall be liable for monetary penalties in accordance with a
     2  schedule of fines  and  penalties  to  be  promulgated  by  the  parking
     3  violations  bureau  of  the city of New York. The liability of the owner
     4  pursuant  to  this  section  shall  not exceed fifty dollars for a first
     5  violation, one hundred dollars for a second violation within  a  twelve-
     6  month  period,  one hundred fifty dollars for a third violation within a
     7  twelve-month period, two hundred dollars for a fourth violation within a
     8  twelve-month period, and two hundred fifty dollars for  each  subsequent
     9  violation within a twelve-month period; provided, however, that an owner
    10  shall  be  liable  for  an  additional penalty not to exceed twenty-five
    11  dollars for each violation for the failure to respond  to  a  notice  of
    12  liability within the prescribed time period.
    13    (g)  An imposition of liability under the demonstration program estab-
    14  lished pursuant to this section shall not be deemed a conviction  of  an
    15  operator  and  shall  not  be  made  part of the operating record of the
    16  person upon whom such liability is imposed, nor shall  it  be  used  for
    17  insurance purposes in the provision of motor vehicle insurance coverage.
    18    (h) 1. A notice of liability shall be sent by first class mail to each
    19  person  alleged to be liable as an owner for a violation of a bus opera-
    20  tion-related traffic regulation. Personal delivery to  the  owner  shall
    21  not be required. A manual or automatic record of mailing prepared in the
    22  ordinary  course  of business shall be prima facie evidence of the facts
    23  contained therein.
    24    2. A notice of liability shall contain the name  and  address  of  the
    25  person  alleged to be liable as an owner for a violation of a bus opera-
    26  tion-related traffic regulation, the registration number of the  vehicle
    27  involved in such violation, the location where such violation took place
    28  including  the street address or cross streets, one or more images iden-
    29  tifying the violation, the date and time of such  violation,  the  iden-
    30  tification  number  of  the  bus  operation-related  photo  device which
    31  recorded the violation or other document locator number, and whether the
    32  device was stationary or mobile.  If  the  bus  operation-related  photo
    33  device was mobile, an identity of the vehicle containing such bus opera-
    34  tion-related photo device shall be included in the notice.
    35    3.  The  notice  of  liability  shall contain information advising the
    36  person charged of the manner and the time in which he or she may contest
    37  the liability alleged in the notice. Such notice of liability shall also
    38  contain a warning to advise the persons charged that failure to  contest
    39  in  the manner and time provided shall be deemed an admission of liabil-
    40  ity and that a default judgment may be entered thereon.
    41    4. The notice of liability shall be prepared and mailed by the  agency
    42  or  agencies  designated  by  the  city of New York, or any other entity
    43  authorized by such city to prepare and mail such notice of liability.
    44    (i) Adjudication of the liability imposed upon owners by this  section
    45  shall be conducted by the New York city parking violations bureau.
    46    (j)  If  an owner of a vehicle receives a notice of liability pursuant
    47  to this section for any  time  period  during  which  such  vehicle  was
    48  reported  to  the police department as having been stolen, it shall be a
    49  valid defense to an allegation of liability for a  violation  of  a  bus
    50  operation-related  traffic  regulation pursuant to this section that the
    51  vehicle had been reported to the police as stolen prior to the time  the
    52  violation occurred and had not been recovered by such time. For purposes
    53  of asserting the defense provided by this subdivision it shall be suffi-
    54  cient  that  a certified copy of the police report on the stolen vehicle
    55  be sent by first class mail to the parking  violations  bureau  of  such
    56  city.

        S. 4006--C                         59                         A. 3006--C
 
     1    (k)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
     2  liability was issued pursuant to subdivision (h) of this  section  shall
     3  not be liable for the violation of a bus operation-related traffic regu-
     4  lation, provided that:
     5    (i)  prior  to  the  violation, the lessor has filed with such parking
     6  violations bureau in accordance  with  the  provisions  of  section  two
     7  hundred thirty-nine of this chapter; and
     8    (ii) within thirty-seven days after receiving notice from such parking
     9  violations bureau of the date and time of a liability, together with the
    10  other  information  contained  in  the original notice of liability, the
    11  lessor submits to such bureau the correct name and address of the lessee
    12  of the vehicle identified in the notice of liability at the time of such
    13  violation, together with such other additional information contained  in
    14  the  rental,  lease  or  other  contract  document, as may be reasonably
    15  required by such bureau pursuant to regulations that may be  promulgated
    16  for such purpose.
    17    2.  Failure  to comply with subparagraph (ii) of paragraph one of this
    18  subdivision shall render the lessor liable for the penalty prescribed in
    19  this section.
    20    3. Where the lessor complies with the provisions of paragraph  one  of
    21  this  subdivision,  the  lessee  of  such  vehicle  on  the date of such
    22  violation shall be deemed to be the owner of such vehicle  for  purposes
    23  of this section, shall be subject to liability for such violation pursu-
    24  ant  to this section and shall be sent a notice of liability pursuant to
    25  subdivision (h) of this section.
    26    (l) 1. If the owner liable for a violation of a bus  operation-related
    27  traffic  regulation pursuant to this section was not the operator of the
    28  vehicle at the time of such violation, the owner may maintain an  action
    29  for indemnification against the operator.
    30    2.  Notwithstanding any other provision of this section, no owner of a
    31  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    32  section if the operator of such vehicle was operating such vehicle with-
    33  out  the consent of the owner at the time such operator failed to obey a
    34  bus operation-related traffic regulation. For purposes of this  subdivi-
    35  sion  there shall be a presumption that the operator of such vehicle was
    36  operating such vehicle with the consent of the owner at  the  time  such
    37  operator failed to obey a bus operation-related traffic regulation.
    38    (m)  Nothing in this section shall be construed to limit the liability
    39  of an operator of a vehicle for any violation of a bus operation-related
    40  traffic regulation.
    41    (n) If the city of New York adopts a demonstration program pursuant to
    42  subdivision (a) of this section, such city and the applicable mass tran-
    43  sit agency shall submit a report on the results of the use of bus opera-
    44  tion-related photo devices to the governor, the temporary  president  of
    45  the senate, and the speaker of the assembly by April first, two thousand
    46  twenty-five  and  every  two years thereafter.  The city of New York and
    47  applicable mass transit agency shall also make such reports available on
    48  their public-facing websites, provided that they may  provide  aggregate
    49  data  from  paragraph  one  of  this  subdivision if the city finds that
    50  publishing specific location data would jeopardize public safety.   Such
    51  report shall include, but not be limited to:
    52    1. a description of the locations and/or buses where bus operation-re-
    53  lated photo devices were used;
    54    2.  the  total  number  of violations recorded on a monthly and annual
    55  basis;
    56    3. the total number of notices of liability issued;

        S. 4006--C                         60                         A. 3006--C
 
     1    4. the number of fines and total amount of fines paid after the  first
     2  notice of liability;
     3    5.  the  number  of violations adjudicated and results of such adjudi-
     4  cations including breakdowns of dispositions made;
     5    6. the total amount of revenue realized by such city and  any  partic-
     6  ipating mass transit agency and an itemized list of expenditures made by
     7  the participating mass transit agency with these revenues;
     8    7. the quality of the adjudication process and its results;
     9    8. the total number of cameras by type of camera used;
    10    9.  the total cost to such city  and the total cost to any participat-
    11  ing mass transit agency; and
    12    10. a detailed report on the bus speeds,  reliability,  and  ridership
    13  before  and  after  implementation of the demonstration program for each
    14  bus route, including current statistics.
    15    (o) Any revenue from fines and penalties collected from any mobile bus
    16  operation-related photo devices, not including any revenue  shared  with
    17  the  city  of  New York pursuant to agreement,  shall be remitted by the
    18  city of New York to the applicable mass transit agency  on  a  quarterly
    19  basis  to  be deposited in the general transportation account of the New
    20  York city transportation assistance fund established pursuant to section
    21  twelve hundred seventy-i of the public authorities law.
    22    (p) It shall be a defense to any prosecution for a violation of a  bus
    23  operation-related traffic regulation pursuant to a demonstration program
    24  adopted  pursuant  to this section that such bus operation-related photo
    25  devices were malfunctioning at the time of the alleged violation.
    26    § 2. Subdivision 1 of section 235 of the vehicle and traffic  law,  as
    27  separately added by chapters 421, 460 and 773 of the laws of 2021, para-
    28  graph  (h)  as relettered by chapter 258 of the laws of 2022, is amended
    29  to read as follows:
    30    1. Notwithstanding any inconsistent provision of any general,  special
    31  or  local  law or administrative code to the contrary, in any city which
    32  heretofore or hereafter is authorized  to  establish  an  administrative
    33  tribunal:  (a)  to  hear and determine complaints of traffic infractions
    34  constituting parking, standing or stopping violations, or (b) to adjudi-
    35  cate the liability of  owners  for  violations  of  subdivision  (d)  of
    36  section  eleven  hundred  eleven  of  this chapter imposed pursuant to a
    37  local law or ordinance imposing monetary liability on  the  owner  of  a
    38  vehicle  for  failure of an operator thereof to comply with traffic-con-
    39  trol indications through the installation and operation of  traffic-con-
    40  trol signal photo violation-monitoring systems, in accordance with arti-
    41  cle  twenty-four  of this chapter, or (c) to adjudicate the liability of
    42  owners for violations of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
    43  section  eleven  hundred  eighty  of  this chapter imposed pursuant to a
    44  demonstration program imposing monetary liability  on  the  owner  of  a
    45  vehicle  for  failure  of an operator thereof to comply with such posted
    46  maximum speed limits through the installation  and  operation  of  photo
    47  speed violation monitoring systems, in accordance with article thirty of
    48  this  chapter,  or  (d)  to  adjudicate  the  liability  of  owners  for
    49  violations of bus lane restrictions as defined by article twenty-four of
    50  this chapter imposed pursuant to a bus rapid  transit  program  imposing
    51  monetary  liability on the owner of a vehicle for failure of an operator
    52  thereof to comply with such bus lane restrictions through the  installa-
    53  tion and operation of bus lane photo devices, in accordance with article
    54  twenty-four  of  this  chapter,  or  (e)  to adjudicate the liability of
    55  owners for violations of toll collection regulations imposed by  certain
    56  public  authorities pursuant to the law authorizing such public authori-

        S. 4006--C                         61                         A. 3006--C
 
     1  ties to impose monetary liability on the owner of a vehicle for  failure
     2  of  an  operator  thereof  to comply with toll collection regulations of
     3  such public  authorities  through  the  installation  and  operation  of
     4  photo-monitoring  systems,  in accordance with the provisions of section
     5  two thousand nine hundred eighty-five of the public authorities law  and
     6  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
     7  seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
     8  the liability of owners for violations of section eleven hundred  seven-
     9  ty-four of this chapter when meeting a school bus marked and equipped as
    10  provided  in  subdivisions  twenty  and  twenty-one-c  of  section three
    11  hundred seventy-five of this chapter imposed pursuant to a local law  or
    12  ordinance  imposing  monetary  liability  on  the owner of a vehicle for
    13  failure of an operator thereof to comply  with  school  bus  red  visual
    14  signals  through  the  installation  and  operation  of school bus photo
    15  violation monitoring systems, in accordance with article twenty-nine  of
    16  this  chapter,  or  (g)  to  adjudicate  the  liability  of  owners  for
    17  violations of section three hundred eighty-five of this chapter and  the
    18  rules  of  the  department  of transportation of the city of New York in
    19  relation to gross vehicle weight and/or axle weight  violations  imposed
    20  pursuant  to  a  weigh in motion demonstration program imposing monetary
    21  liability on the owner of a vehicle for failure of an  operator  thereof
    22  to comply with such gross vehicle weight and/or axle weight restrictions
    23  through  the  installation  and  operation  of weigh in motion violation
    24  monitoring systems, in accordance with article ten of this  chapter,  or
    25  (h)  to adjudicate the liability of owners for violations of subdivision
    26  (b), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
    27  imposed  pursuant to a demonstration program imposing monetary liability
    28  on the owner of a vehicle for failure of an operator thereof  to  comply
    29  with  such  posted maximum speed limits within a highway construction or
    30  maintenance work area through the installation and  operation  of  photo
    31  speed violation monitoring systems, in accordance with article thirty of
    32  this  chapter,  or  (i)  to  adjudicate  the  liability  of  owners  for
    33  violations of bus operation-related traffic regulations  as  defined  by
    34  article  twenty-four of this chapter imposed pursuant to a demonstration
    35  program imposing monetary liability on the owner of a vehicle for  fail-
    36  ure  of  an  operator  thereof to comply with such bus operation-related
    37  traffic regulations through the installation and operation of bus opera-
    38  tion-related photo devices, in accordance with  article  twenty-four  of
    39  this  chapter,  such  tribunal  and the rules and regulations pertaining
    40  thereto shall be constituted in substantial conformance with the follow-
    41  ing sections.
    42    § 3. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
    43  separately  added  by  chapters 421, 460 and 773 of the laws of 2021 and
    44  paragraph (g) as relettered by chapter 258  of  the  laws  of  2022,  is
    45  amended to read as follows:
    46    1.  Creation. In any city as hereinbefore or hereafter authorized such
    47  tribunal when created shall be known as the  parking  violations  bureau
    48  and  shall  have  jurisdiction of traffic infractions which constitute a
    49  parking violation and, where authorized: (a) to adjudicate the liability
    50  of owners for violations of subdivision (d) of  section  eleven  hundred
    51  eleven  of  this  chapter  imposed  pursuant to a local law or ordinance
    52  imposing monetary liability on the owner of a vehicle for failure of  an
    53  operator  thereof to comply with traffic-control indications through the
    54  installation and operation of traffic-control  signal  photo  violation-
    55  monitoring systems, in accordance with article twenty-four of this chap-
    56  ter,  or  (b)  to  adjudicate  the liability of owners for violations of

        S. 4006--C                         62                         A. 3006--C
 
     1  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
     2  of  this  chapter  imposed  pursuant to a demonstration program imposing
     3  monetary liability on the owner of a vehicle for failure of an  operator
     4  thereof  to  comply  with  such  posted maximum speed limits through the
     5  installation and operation of photo speed violation monitoring  systems,
     6  in  accordance with article thirty of this chapter, or (c) to adjudicate
     7  the liability of owners for  violations  of  bus  lane  restrictions  as
     8  defined by article twenty-four of this chapter imposed pursuant to a bus
     9  rapid  transit  program  imposing  monetary  liability on the owner of a
    10  vehicle for failure of an operator thereof to comply with such bus  lane
    11  restrictions  through  the  installation and operation of bus lane photo
    12  devices, in accordance with article twenty-four of this chapter, or  (d)
    13  to  adjudicate the liability of owners for violations of toll collection
    14  regulations imposed by certain public authorities pursuant  to  the  law
    15  authorizing  such public authorities to impose monetary liability on the
    16  owner of a vehicle for failure of an operator  thereof  to  comply  with
    17  toll  collection  regulations  of  such  public  authorities through the
    18  installation and operation of photo-monitoring  systems,  in  accordance
    19  with  the provisions of section two thousand nine hundred eighty-five of
    20  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    21  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    22  hundred fifty,  or  (e)  to  adjudicate  the  liability  of  owners  for
    23  violations  of  section eleven hundred seventy-four of this chapter when
    24  meeting a school bus marked and equipped  as  provided  in  subdivisions
    25  twenty  and  twenty-one-c  of section three hundred seventy-five of this
    26  chapter imposed pursuant to a local law or ordinance  imposing  monetary
    27  liability  on  the owner of a vehicle for failure of an operator thereof
    28  to comply with school bus red visual signals  through  the  installation
    29  and  operation  of  school  bus  photo  violation monitoring systems, in
    30  accordance with article twenty-nine of this chapter, or (f)  to  adjudi-
    31  cate  the  liability  of  owners for violations of section three hundred
    32  eighty-five of this chapter and the rules of the department of transpor-
    33  tation of the city of New York  in  relation  to  gross  vehicle  weight
    34  and/or  axle  weight  violations  imposed  pursuant to a weigh in motion
    35  demonstration program imposing monetary liability  on  the  owner  of  a
    36  vehicle  for  failure  of  an operator thereof to comply with such gross
    37  vehicle weight and/or axle weight restrictions through the  installation
    38  and  operation  of  weigh  in  motion  violation  monitoring systems, in
    39  accordance with article ten of this chapter, or (g)  to  adjudicate  the
    40  liability  of  owners for violations of subdivision (b), (d), (f) or (g)
    41  of section eleven hundred eighty of this chapter imposed pursuant  to  a
    42  demonstration  program  imposing  monetary  liability  on the owner of a
    43  vehicle for failure of an operator thereof to comply  with  such  posted
    44  maximum  speed  limits within a highway construction or maintenance work
    45  area through the installation and operation  of  photo  speed  violation
    46  monitoring  systems,  in accordance with article thirty of this chapter,
    47  or (h) to adjudicate the liability of owners for violations of bus oper-
    48  ation-related traffic regulations as defined by article  twenty-four  of
    49  this  chapter imposed pursuant to a demonstration program imposing mone-
    50  tary liability on the owner of a vehicle  for  failure  of  an  operator
    51  thereof  to  comply  with such bus operation-related traffic regulations
    52  through the installation and operation of  bus  operation-related  photo
    53  devices,  in  accordance  with article twenty-four of this chapter. Such
    54  tribunal, except in a city with a population of  one  million  or  more,
    55  shall  also  have  jurisdiction of abandoned vehicle violations. For the
    56  purposes of this article, a parking violation is the  violation  of  any

        S. 4006--C                         63                         A. 3006--C
 
     1  law,  rule  or regulation providing for or regulating the parking, stop-
     2  ping or standing of a vehicle. In addition for purposes of this article,
     3  "commissioner" shall mean and include the commissioner of traffic of the
     4  city or an official possessing authority as such a commissioner.
     5    §  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
     6  traffic law, as separately added by chapters 421, 460  and  773  of  the
     7  laws of 2021, is amended to read as follows:
     8    f.  "Notice  of  violation"  means a notice of violation as defined in
     9  subdivision nine of section two hundred thirty-seven  of  this  article,
    10  but shall not be deemed to include a notice of liability issued pursuant
    11  to authorization set forth in articles ten, twenty-four, twenty-nine and
    12  thirty of this chapter, section two thousand nine hundred eighty-five of
    13  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    14  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    15  hundred fifty to impose monetary liability on the owner of a vehicle for
    16  failure  of  an  operator  thereof: to comply with traffic-control indi-
    17  cations in violation of subdivision (d) of section eleven hundred eleven
    18  of this chapter through the installation and operation  of  traffic-con-
    19  trol signal photo violation-monitoring systems, in accordance with arti-
    20  cle  twenty-four of this chapter; or to comply with certain posted maxi-
    21  mum speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)
    22  of  section  eleven hundred eighty of this chapter through the installa-
    23  tion and operation of  photo  speed  violation  monitoring  systems,  in
    24  accordance  with  article  thirty of this chapter; or to comply with bus
    25  lane restrictions as defined by  article  twenty-four  of  this  chapter
    26  through  the  installation  and  operation of bus lane photo devices, in
    27  accordance with article twenty-four of this chapter; or to  comply  with
    28  toll  collection  regulations  of certain public authorities through the
    29  installation and operation of photo-monitoring  systems,  in  accordance
    30  with  the provisions of section two thousand nine hundred eighty-five of
    31  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    32  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    33  hundred fifty; or to stop for a  school  bus  displaying  a  red  visual
    34  signal in violation of section eleven hundred seventy-four of this chap-
    35  ter through the installation and operation of school bus photo violation
    36  monitoring systems, in accordance with article twenty-nine of this chap-
    37  ter[,];  or  to  comply  with  certain  posted  maximum  speed limits in
    38  violation of subdivision (b), (d), (f) or (g) of section eleven  hundred
    39  eighty of this chapter within a highway construction or maintenance work
    40  area  through  the  installation  and operation of photo speed violation
    41  monitoring systems, in accordance with article thirty of  this  chapter;
    42  or  to  comply with gross vehicle weight and/or axle weight restrictions
    43  in violation of section three hundred eighty-five of  this  chapter  and
    44  the  rules  of  the department of transportation of the city of New York
    45  through the installation and operation  of  weigh  in  motion  violation
    46  monitoring  systems,  in accordance with article ten of this chapter; or
    47  to comply with bus operation-related traffic regulations as  defined  by
    48  article  twenty-four  of  this  chapter in violation of the rules of the
    49  department of transportation of the city of New York through the instal-
    50  lation and operation of bus operation-related photo devices, in  accord-
    51  ance with article twenty-four of this chapter.
    52    § 5. Subdivisions 1, 1-a and the opening subparagraph of paragraph (a)
    53  of subdivision 1-b of section 240 of the vehicle and traffic law, subdi-
    54  visions  1  and  1-a as separately added by chapters 421, 460 and 773 of
    55  the laws of 2021, and the  opening  subparagraph  of  paragraph  (a)  of

        S. 4006--C                         64                         A. 3006--C
 
     1  subdivision 1-b as added by chapter 407 of the laws of 2022, are amended
     2  to read as follows:
     3    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
     4  violation enters a plea of not guilty; or a person alleged to be  liable
     5  in  accordance  with  any provisions of law specifically authorizing the
     6  imposition of monetary liability on the owner of a vehicle  for  failure
     7  of  an  operator  thereof: to comply with traffic-control indications in
     8  violation of subdivision (d) of section eleven hundred  eleven  of  this
     9  chapter through the installation and operation of traffic-control signal
    10  photo  violation-monitoring  systems, in accordance with article twenty-
    11  four of this chapter; or to comply with  certain  posted  maximum  speed
    12  limits  in violation of subdivision (b), (c), (d), (f) or (g) of section
    13  eleven hundred eighty of this chapter through the installation and oper-
    14  ation of photo speed violation monitoring systems,  in  accordance  with
    15  article  thirty of this chapter; or to comply with bus lane restrictions
    16  as defined by article twenty-four of this chapter through the  installa-
    17  tion and operation of bus lane photo devices, in accordance with article
    18  twenty-four  of  this  chapter;  or to comply with toll collection regu-
    19  lations of certain public authorities through the installation and oper-
    20  ation of photo-monitoring systems, in accordance with the provisions  of
    21  section  two thousand nine hundred eighty-five of the public authorities
    22  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    23  hundred  seventy-four  of the laws of nineteen hundred fifty; or to stop
    24  for a school bus displaying a red visual signal in violation of  section
    25  eleven hundred seventy-four of this chapter through the installation and
    26  operation  of  school bus photo violation monitoring systems, in accord-
    27  ance with article twenty-nine of this  chapter[,];  or  to  comply  with
    28  certain  posted  maximum  speed  limits in violation of subdivision (b),
    29  (d), (f) or (g) of section eleven hundred eighty of this chapter  within
    30  a highway construction or maintenance work area through the installation
    31  and operation of photo speed violation monitoring systems, in accordance
    32  with  article  thirty  of  this chapter; or to comply with gross vehicle
    33  weight and/or axle weight restrictions in  violation  of  section  three
    34  hundred  eighty-five  of this chapter and the rules of the department of
    35  transportation of the city of New  York  through  the  installation  and
    36  operation of weigh in motion violation monitoring systems, in accordance
    37  with article ten of this chapter; or to comply with bus operation-relat-
    38  ed traffic regulations as defined by article twenty-four of this chapter
    39  in  violation  of  the  rules of the department of transportation of the
    40  city of New York through the installation and operation  of  bus  opera-
    41  tion-related  photo  devices,  in accordance with article twenty-four of
    42  this chapter, contests such allegation, the  bureau  shall  advise  such
    43  person  personally  by such form of first class mail as the director may
    44  direct of the date on which he or she must appear to answer  the  charge
    45  at  a  hearing.  The form and content of such notice of hearing shall be
    46  prescribed by the director, and shall contain a warning  to  advise  the
    47  person  so  pleading  or  contesting  that failure to appear on the date
    48  designated, or on any subsequent adjourned  date,  shall  be  deemed  an
    49  admission of liability, and that a default judgment may be entered ther-
    50  eon.
    51    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    52  entered, or the bureau has been notified that an allegation of liability
    53  in accordance with provisions of law specifically authorizing the  impo-
    54  sition of monetary liability on the owner of a vehicle for failure of an
    55  operator   thereof:   to  comply  with  traffic-control  indications  in
    56  violation of subdivision (d) of section eleven hundred  eleven  of  this

        S. 4006--C                         65                         A. 3006--C

     1  chapter through the installation and operation of traffic-control signal
     2  photo  violation-monitoring  systems, in accordance with article twenty-
     3  four of this chapter; or to comply with  certain  posted  maximum  speed
     4  limits  in violation of subdivision (b), (c), (d), (f) or (g) of section
     5  eleven hundred eighty of this chapter through the installation and oper-
     6  ation of photo speed violation monitoring systems,  in  accordance  with
     7  article  thirty of this chapter; or to comply with bus lane restrictions
     8  as defined by article twenty-four of this chapter through the  installa-
     9  tion and operation of bus lane photo devices, in accordance with article
    10  twenty-four  of  this  chapter;  or to comply with toll collection regu-
    11  lations of certain public authorities through the installation and oper-
    12  ation of photo-monitoring systems, in accordance with the provisions  of
    13  section  two thousand nine hundred eighty-five of the public authorities
    14  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    15  hundred  seventy-four  of the laws of nineteen hundred fifty; or to stop
    16  for a school bus displaying a red visual signal in violation of  section
    17  eleven hundred seventy-four of this chapter through the installation and
    18  operation  of  school bus photo violation monitoring systems, in accord-
    19  ance with article twenty-nine of this  chapter[,];  or  to  comply  with
    20  certain  posted  maximum  speed  limits in violation of subdivision (b),
    21  (d), (f) or (g) of section eleven hundred eighty of this chapter  within
    22  a highway construction or maintenance work area through the installation
    23  and operation of photo speed violation monitoring systems, in accordance
    24  with  article  thirty  of  this chapter; or to comply with gross vehicle
    25  weight and/or axle weight restrictions in  violation  of  section  three
    26  hundred  eighty-five  of this chapter and the rules of the department of
    27  transportation of the city of New  York  through  the  installation  and
    28  operation of weigh in motion violation monitoring systems, in accordance
    29  with article ten of this chapter; or to comply with bus operation-relat-
    30  ed traffic regulations as defined by article twenty-four of this chapter
    31  in  violation  of  the  rules of the department of transportation of the
    32  city of New York through the installation and operation  of  bus  opera-
    33  tion-related  photo  devices,  in accordance with article twenty-four of
    34  this chapter, is being contested, by a person in a timely fashion and  a
    35  hearing  upon  the  merits has been demanded, but has not yet been held,
    36  the bureau shall not issue any notice of fine or penalty to that  person
    37  prior to the date of the hearing.
    38    In a city having a population of one million or more, at every hearing
    39  for the adjudication of a notice of liability, as provided by this arti-
    40  cle,  there shall be a rebuttable presumption that the owner of a first-
    41  response emergency vehicle alleged to be liable in accordance  with  any
    42  provisions  of  law  specifically authorizing the imposition of monetary
    43  liability on the owner of a vehicle for failure of an operator  thereof:
    44  to  comply  with traffic-control indications in violation of subdivision
    45  (d) of section eleven hundred eleven of this chapter through the instal-
    46  lation and operation of traffic-control signal photo  violation-monitor-
    47  ing  systems, in accordance with article twenty-four of this chapter; or
    48  to comply with certain posted  maximum  speed  limits  in  violation  of
    49  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    50  of this chapter through the installation and operation  of  photo  speed
    51  violation  monitoring systems, in accordance with article thirty of this
    52  chapter; or to comply with bus lane restrictions as defined  by  article
    53  twenty-four  of  this  chapter through the installation and operation of
    54  bus lane photo devices, in accordance with article twenty-four  of  this
    55  chapter;  or to comply with bus operation-related traffic regulations as
    56  defined by article twenty-four of this chapter in violation of the rules

        S. 4006--C                         66                         A. 3006--C
 
     1  of the department of transportation of the city of New York through  the
     2  installation  and  operation  of bus operation-related photo devices, in
     3  accordance with article twenty-four of this chapter is  not  liable  for
     4  such  alleged  violation  if  such owner of the first-response emergency
     5  vehicle provides the hearing officer with:
     6    § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
     7  and traffic law, as separately added by chapters 421, 460 and 773 of the
     8  laws of 2021, are amended to read as follows:
     9    a. Every hearing for the adjudication of a charge of parking violation
    10  or an allegation of liability of an owner for a violation of subdivision
    11  (d) of section eleven hundred eleven of this chapter imposed pursuant to
    12  a local law or ordinance imposing monetary liability on the owner  of  a
    13  vehicle  for  failure of an operator thereof to comply with traffic-con-
    14  trol indications through the installation and operation of  traffic-con-
    15  trol signal photo violation-monitoring systems, in accordance with arti-
    16  cle  twenty-four  of  this  chapter, or an allegation of liability of an
    17  owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
    18  section  eleven  hundred  eighty  of  this chapter imposed pursuant to a
    19  demonstration program imposing monetary liability  on  the  owner  of  a
    20  vehicle for failure of an operator thereof to comply with certain posted
    21  maximum  speed  limits  through  the installation and operation of photo
    22  speed violation monitoring systems, in accordance with article thirty of
    23  this chapter, or an allegation of liability of an owner for a  violation
    24  of bus lane restrictions as defined by article twenty-four of this chap-
    25  ter  imposed  pursuant  to a bus rapid transit program imposing monetary
    26  liability on the owner of a vehicle for failure of an  operator  thereof
    27  to  comply  with such bus lane restrictions through the installation and
    28  operation of bus lane photo devices, in accordance with article  twenty-
    29  four  of  this  chapter, or an allegation of liability of an owner for a
    30  violation of toll  collection  regulations  imposed  by  certain  public
    31  authorities  pursuant  to the law authorizing such public authorities to
    32  impose monetary liability on the owner of a vehicle for  failure  of  an
    33  operator  thereof  to  comply  with  toll collection regulations of such
    34  public authorities through the installation and operation of photo-moni-
    35  toring systems, in accordance with the provisions of section  two  thou-
    36  sand nine hundred eighty-five of the public authorities law and sections
    37  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    38  of  the laws of nineteen hundred fifty, or an allegation of liability of
    39  an owner for a violation of section eleven hundred seventy-four of  this
    40  chapter  when  meeting  a  school bus marked and equipped as provided in
    41  subdivisions twenty and twenty-one-c of section three  hundred  seventy-
    42  five of this chapter imposed pursuant to a local law or ordinance impos-
    43  ing monetary liability on the owner of a vehicle for failure of an oper-
    44  ator  thereof  to  comply with school bus red visual signals through the
    45  installation and operation of  school  bus  photo  violation  monitoring
    46  systems,  in  accordance with article twenty-nine of this chapter, or an
    47  allegation of liability of an owner for a violation of subdivision  (b),
    48  (d), (f) or (g) of section eleven hundred eighty of this chapter imposed
    49  pursuant  to  a demonstration program imposing monetary liability on the
    50  owner of a vehicle for failure of an operator  thereof  to  comply  with
    51  certain  posted  maximum  speed  limits within a highway construction or
    52  maintenance work area through the installation and  operation  of  photo
    53  speed violation monitoring systems, in accordance with article thirty of
    54  this  chapter, or an allegation of liability of an owner for a violation
    55  of section three hundred eighty-five of this chapter and  the  rules  of
    56  the  department of transportation of the city of New York in relation to

        S. 4006--C                         67                         A. 3006--C
 
     1  gross vehicle weight and/or axle weight violations imposed pursuant to a
     2  weigh in motion demonstration program imposing monetary liability on the
     3  owner of a vehicle for failure of an operator  thereof  to  comply  with
     4  such  gross  vehicle  weight and/or axle weight restrictions through the
     5  installation and operation  of  weigh  in  motion  violation  monitoring
     6  systems,  in  accordance with article ten of this chapter, or an allega-
     7  tion of liability of an owner for a violation of  bus  operation-related
     8  traffic  regulations  as  defined by article twenty-four of this chapter
     9  imposed pursuant to a demonstration program imposing monetary  liability
    10  on  the  owner of a vehicle for failure of an operator thereof to comply
    11  with such bus operation-related traffic regulations through the  instal-
    12  lation  and operation of bus operation-related photo devices, in accord-
    13  ance with article twenty-four of this chapter, shall be  held  before  a
    14  hearing examiner in accordance with rules and regulations promulgated by
    15  the bureau.
    16    g. A record shall be made of a hearing on a plea of not guilty or of a
    17  hearing  at  which  liability  in  accordance with any provisions of law
    18  specifically authorizing the imposition of  monetary  liability  on  the
    19  owner  of  a  vehicle for failure of an operator thereof: to comply with
    20  traffic-control indications in violation of subdivision (d)  of  section
    21  eleven hundred eleven of this chapter through the installation and oper-
    22  ation  of  traffic-control signal photo violation-monitoring systems, in
    23  accordance with article twenty-four of  this  chapter;  to  comply  with
    24  certain  posted  maximum  speed  limits in violation of subdivision (b),
    25  (c), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
    26  through the installation and operation of photo speed violation monitor-
    27  ing  systems,  in  accordance  with  article  thirty of this chapter; to
    28  comply with bus lane restrictions as defined by article  twenty-four  of
    29  this  chapter  through  the installation and operation of bus lane photo
    30  devices, in accordance with article  twenty-four  of  this  chapter;  to
    31  comply  with  toll  collection regulations of certain public authorities
    32  through the installation and operation of photo-monitoring  systems,  in
    33  accordance  with  the  provisions  of  section two thousand nine hundred
    34  eighty-five of  the  public  authorities  law  and  sections  sixteen-a,
    35  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    36  laws of nineteen hundred fifty; [or] to stop for a school bus displaying
    37  a red visual signal in violation of section eleven hundred  seventy-four
    38  of  this  chapter  through  the installation and operation of school bus
    39  photo violation monitoring systems, in accordance with  article  twenty-
    40  nine  of this chapter[, or]; to comply with certain posted maximum speed
    41  limits in violation of subdivision (b), (d), (f) or (g) of section elev-
    42  en hundred eighty of this chapter within a highway construction or main-
    43  tenance work area through the installation and operation of photo  speed
    44  violation  monitoring systems, in accordance with article thirty of this
    45  chapter[, or]; to comply with gross vehicle weight  and/or  axle  weight
    46  restrictions  in  violation of section three hundred eighty-five of this
    47  chapter and the rules of the department of transportation of the city of
    48  New York through the installation  and  operation  of  weigh  in  motion
    49  violation  monitoring  systems,  in  accordance with article ten of this
    50  chapter; or to comply with bus operation-related traffic regulations  as
    51  defined by article twenty-four of this chapter in violation of the rules
    52  of  the department of transportation of the city of New York through the
    53  installation and operation of bus operation-related  photo  devices,  in
    54  accordance  with  article  twenty-four  of  this  chapter, is contested.
    55  Recording devices may be used for the making of the record.

        S. 4006--C                         68                         A. 3006--C
 
     1    § 7. Subdivisions 1 and 2 of section 241 of the  vehicle  and  traffic
     2  law,  as  separately  added  by chapters 421, 460 and 773 of the laws of
     3  2021, are amended to read as follows:
     4    1.  The  hearing  examiner  shall make a determination on the charges,
     5  either sustaining or dismissing them. Where the hearing examiner  deter-
     6  mines  that the charges have been sustained he or she may examine either
     7  the prior  parking  violations  record  or  the  record  of  liabilities
     8  incurred in accordance with any provisions of law specifically authoriz-
     9  ing  the  imposition of monetary liability on the owner of a vehicle for
    10  failure of an operator thereof: to  comply  with  traffic-control  indi-
    11  cations in violation of subdivision (d) of section eleven hundred eleven
    12  of  this  chapter through the installation and operation of traffic-con-
    13  trol signal photo violation-monitoring systems, in accordance with arti-
    14  cle twenty-four of this chapter; to comply with certain  posted  maximum
    15  speed  limits  in  violation of subdivision (b), (c), (d), (f) or (g) of
    16  section eleven hundred eighty of this chapter through  the  installation
    17  and operation of photo speed violation monitoring systems, in accordance
    18  with   article   thirty  of  this  chapter;  to  comply  with  bus  lane
    19  restrictions as defined by article twenty-four of this  chapter  through
    20  the  installation and operation of bus lane photo devices, in accordance
    21  with article twenty-four of this chapter; to comply with toll collection
    22  regulations of certain public authorities through the  installation  and
    23  operation of photo-monitoring systems, in accordance with the provisions
    24  of  section two thousand nine hundred eighty-five of the public authori-
    25  ties law and sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    26  seven  hundred  seventy-four of the laws of nineteen hundred fifty; [or]
    27  to stop for a school bus displaying a red visual signal in violation  of
    28  section  eleven hundred seventy-four of this chapter through the instal-
    29  lation and operation of school bus photo violation  monitoring  systems,
    30  in  accordance with article twenty-nine of this chapter[, or]; to comply
    31  with certain posted maximum speed limits  in  violation  of  subdivision
    32  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
    33  within a highway construction  or  maintenance  work  area  through  the
    34  installation  and operation of photo speed violation monitoring systems,
    35  in accordance with article thirty of this chapter; [or] to  comply  with
    36  gross  vehicle  weight  and/or  axle weight restrictions in violation of
    37  section three hundred eighty-five of this chapter and the rules  of  the
    38  department of transportation of the city of New York through the instal-
    39  lation and operation of weigh in motion violation monitoring systems, in
    40  accordance with article ten of this chapter; or to comply with bus oper-
    41  ation-related  traffic  regulations as defined by article twenty-four of
    42  this chapter in violation of the rules of the department of  transporta-
    43  tion  of  the city of New York through the installation and operation of
    44  bus operation-related photo devices, in accordance with article  twenty-
    45  four  of  this  chapter,  of  the person charged, as applicable prior to
    46  rendering a final  determination.  Final  determinations  sustaining  or
    47  dismissing  charges shall be entered on a final determination roll main-
    48  tained by the bureau together with records showing payment  and  nonpay-
    49  ment of penalties.
    50    2.  Where  an operator or owner fails to enter a plea to a charge of a
    51  parking violation or contest an allegation of  liability  in  accordance
    52  with  any  provisions  of law specifically authorizing the imposition of
    53  monetary liability on the owner of a vehicle for failure of an  operator
    54  thereof:  to  comply  with  traffic-control  indications in violation of
    55  subdivision (d) of section eleven hundred eleven of this chapter through
    56  the installation and operation of traffic-control  signal  photo  viola-

        S. 4006--C                         69                         A. 3006--C
 
     1  tion-monitoring  systems, in accordance with article twenty-four of this
     2  chapter; to comply with certain posted maximum speed limits in violation
     3  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
     4  eighty  of  this chapter through the installation and operation of photo
     5  speed violation monitoring systems, in accordance with article thirty of
     6  this chapter; to comply with bus lane restrictions as defined by article
     7  twenty-four of this chapter through the installation  and  operation  of
     8  bus  lane  photo devices, in accordance with article twenty-four of this
     9  chapter; to comply with toll collection regulations  of  certain  public
    10  authorities  through  the installation and operation of photo-monitoring
    11  systems, in accordance with the provisions of section two thousand  nine
    12  hundred   eighty-five   of  the  public  authorities  law  and  sections
    13  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    14  of the laws of nineteen hundred fifty; to stop for a school bus display-
    15  ing a red visual signal in violation of section eleven hundred  seventy-
    16  four  of  this  chapter through the installation and operation of school
    17  bus photo violation monitoring systems, in accordance with article twen-
    18  ty-nine of this chapter[, or]; to comply  with  certain  posted  maximum
    19  speed limits in violation of subdivision (b), (d), (f) or (g) of section
    20  eleven  hundred  eighty of this chapter within a highway construction or
    21  maintenance work area through the installation and  operation  of  photo
    22  speed violation monitoring systems, in accordance with article thirty of
    23  this  chapter;  [or]  to  comply  with  gross vehicle weight and/or axle
    24  weight restrictions in violation of section three hundred eighty-five of
    25  this chapter and the rules of the department of  transportation  of  the
    26  city  of  New  York  through  the installation and operation of weigh in
    27  motion violation monitoring systems, in accordance with article  ten  of
    28  this  chapter;  or  to  comply  with bus operation-related traffic regu-
    29  lations as defined by article twenty-four of this chapter  in  violation
    30  of the rules of the department of transportation of the city of New York
    31  through  the  installation  and operation of bus operation-related photo
    32  devices, in accordance with article  twenty-four  of  this  chapter,  or
    33  fails  to  appear  on  a designated hearing date or subsequent adjourned
    34  date or fails after a hearing to comply  with  the  determination  of  a
    35  hearing examiner, as prescribed by this article or by rule or regulation
    36  of  the bureau, such failure to plead or contest, appear or comply shall
    37  be deemed, for all purposes, an admission  of  liability  and  shall  be
    38  grounds  for  rendering  and  entering  a  default judgment in an amount
    39  provided by the rules and regulations of the bureau. However, after  the
    40  expiration  of  the  original  date  prescribed  for entering a plea and
    41  before a default judgment may be rendered, in such case the bureau shall
    42  pursuant to the applicable provisions of law  notify  such  operator  or
    43  owner,  by  such  form of first class mail as the commission may direct;
    44  (1) of the violation charged, or liability alleged  in  accordance  with
    45  any  provisions  of law specifically authorizing the imposition of mone-
    46  tary liability on the owner of a vehicle  for  failure  of  an  operator
    47  thereof:  to  comply  with  traffic-control  indications in violation of
    48  subdivision (d) of section eleven hundred eleven of this chapter through
    49  the installation and operation of traffic-control  signal  photo  viola-
    50  tion-monitoring  systems, in accordance with article twenty-four of this
    51  chapter; to comply with certain posted maximum speed limits in violation
    52  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    53  eighty  of  this chapter through the installation and operation of photo
    54  speed violation monitoring systems, in accordance with article thirty of
    55  this chapter; to comply with bus lane restrictions as defined by article
    56  twenty-four of this chapter through the installation  and  operation  of

        S. 4006--C                         70                         A. 3006--C
 
     1  bus  lane  photo devices, in accordance with article twenty-four of this
     2  chapter; to comply with toll collection regulations  of  certain  public
     3  authorities  through  the installation and operation of photo-monitoring
     4  systems,  in accordance with the provisions of section two thousand nine
     5  hundred  eighty-five  of  the  public  authorities  law   and   sections
     6  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
     7  of the laws of nineteen hundred fifty; to stop for a school bus display-
     8  ing  a red visual signal in violation of section eleven hundred seventy-
     9  four of this chapter through the installation and  operation  of  school
    10  bus photo violation monitoring systems, in accordance with article twen-
    11  ty-nine  of  this  chapter[,  or]; to comply with certain posted maximum
    12  speed limits in violation of subdivision (b), (d), (f) or (g) of section
    13  eleven hundred eighty of this chapter within a highway  construction  or
    14  maintenance  work  area  through the installation and operation of photo
    15  speed violation monitoring systems, in accordance with article thirty of
    16  this chapter; [or] to comply  with  gross  vehicle  weight  and/or  axle
    17  weight restrictions in violation of section three hundred eighty-five of
    18  this  chapter  and  the rules of the department of transportation of the
    19  city of New York through the installation  and  operation  of  weigh  in
    20  motion  violation  monitoring systems, in accordance with article ten of
    21  this chapter; or to comply  with  bus  operation-related  traffic  regu-
    22  lations  as  defined by article twenty-four of this chapter in violation
    23  of the rules of the department of transportation of the city of New York
    24  through the installation and operation of  bus  operation-related  photo
    25  devices,  in accordance with article twenty-four of this chapter, (2) of
    26  the impending default judgment, (3) that such judgment will  be  entered
    27  in the Civil Court of the city in which the bureau has been established,
    28  or other court of civil jurisdiction or any other place provided for the
    29  entry  of  civil  judgments within the state of New York, and (4) that a
    30  default may be avoided by entering a plea or contesting an allegation of
    31  liability in accordance with any provisions of law specifically  author-
    32  izing the imposition of monetary liability on the owner of a vehicle for
    33  failure  of  an  operator  thereof: to comply with traffic-control indi-
    34  cations in violation of subdivision (d) of section eleven hundred eleven
    35  of this chapter through the installation and operation  of  traffic-con-
    36  trol signal photo violation-monitoring systems, in accordance with arti-
    37  cle  twenty-four  of this chapter; to comply with certain posted maximum
    38  speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)  of
    39  section  eleven  hundred eighty of this chapter through the installation
    40  and operation of photo speed violation monitoring systems, in accordance
    41  with  article  thirty  of  this  chapter;  to  comply  with   bus   lane
    42  restrictions  as  defined by article twenty-four of this chapter through
    43  the installation and operation of bus lane photo devices, in  accordance
    44  with article twenty-four of this chapter; to comply with toll collection
    45  regulations  of  certain public authorities through the installation and
    46  operation of photo-monitoring systems, in accordance with the provisions
    47  of section two thousand nine hundred eighty-five of the public  authori-
    48  ties  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    49  seven hundred seventy-four of the laws of  nineteen  hundred  fifty;  to
    50  stop  for  a  school  bus displaying a red visual signal in violation of
    51  section eleven hundred seventy-four of this chapter through the  instal-
    52  lation  and  operation of school bus photo violation monitoring systems,
    53  in accordance with article twenty-nine of this chapter[, or]; to  comply
    54  with  certain  posted  maximum  speed limits in violation of subdivision
    55  (b), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
    56  within  a  highway  construction  or  maintenance  work area through the

        S. 4006--C                         71                         A. 3006--C
 
     1  installation and operation of photo speed violation monitoring  systems,
     2  in  accordance  with article thirty of this chapter; [or] to comply with
     3  gross vehicle weight and/or axle weight  restrictions  in  violation  of
     4  section  three  hundred eighty-five of this chapter and the rules of the
     5  department of transportation of the city of New York through the instal-
     6  lation and operation of weigh in motion violation monitoring systems, in
     7  accordance with article ten of this chapter; or to comply with bus oper-
     8  ation-related traffic regulations as defined by article  twenty-four  of
     9  this  chapter in violation of the rules of the department of transporta-
    10  tion of the city of New York through the installation and  operation  of
    11  bus  operation-related photo devices, in accordance with article twenty-
    12  four of this chapter; or making an appearance within thirty days of  the
    13  sending  of  such notice. Pleas entered and allegations contested within
    14  that period shall be in the manner prescribed  in  the  notice  and  not
    15  subject  to  additional penalty or fee. Such notice of impending default
    16  judgment shall not be required prior to the rendering and entry  thereof
    17  in the case of operators or owners who are non-residents of the state of
    18  New  York.  In  no  case  shall a default judgment be rendered or, where
    19  required, a notice of impending default judgment be sent, more than  two
    20  years after the expiration of the time prescribed for entering a plea or
    21  contesting  an allegation. When a person has demanded a hearing, no fine
    22  or penalty shall be imposed for any reason, prior to the holding of  the
    23  hearing.  If  the  hearing  examiner  shall  make a determination on the
    24  charges, sustaining them, he or she shall impose no greater  penalty  or
    25  fine than those upon which the person was originally charged.
    26    § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
    27  of the vehicle and traffic law, as separately added by chapters 421, 460
    28  and  773  of the laws of 2021, clause (vii) as renumbered by chapter 258
    29  of the laws of 2022, is amended to read as follows:
    30    (i) If at the time of application for a registration or renewal there-
    31  of there is a certification from a  court,  parking  violations  bureau,
    32  traffic  and  parking  violations  agency  or administrative tribunal of
    33  appropriate jurisdiction that the registrant or  his  or  her  represen-
    34  tative  failed  to appear on the return date or any subsequent adjourned
    35  date or failed to comply with the rules and regulations of  an  adminis-
    36  trative  tribunal  following  entry of a final decision in response to a
    37  total of three or more summonses or  other  process  in  the  aggregate,
    38  issued  within  an eighteen month period, charging either that: (i) such
    39  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    40  cle  was operated for hire by the registrant or his or her agent without
    41  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    42  authority,  in  violation of any of the provisions of this chapter or of
    43  any law, ordinance, rule or regulation made by  a  local  authority;  or
    44  (ii)  the  registrant  was  liable for a violation of subdivision (d) of
    45  section eleven hundred eleven of this  chapter  imposed  pursuant  to  a
    46  local  law  or  ordinance  imposing monetary liability on the owner of a
    47  vehicle for failure of an operator thereof to comply  with  traffic-con-
    48  trol  indications through the installation and operation of traffic-con-
    49  trol signal photo violation-monitoring systems, in accordance with arti-
    50  cle twenty-four of this chapter; or (iii) the registrant was liable  for
    51  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    52  hundred eighty of this  chapter  imposed  pursuant  to  a  demonstration
    53  program  imposing monetary liability on the owner of a vehicle for fail-
    54  ure of an operator thereof to comply  with  such  posted  maximum  speed
    55  limits  through  the installation and operation of photo speed violation
    56  monitoring systems, in accordance with article thirty of  this  chapter;

        S. 4006--C                         72                         A. 3006--C
 
     1  or  (iv)  the  registrant  was  liable  for  a  violation  of  bus  lane
     2  restrictions as defined by article twenty-four of this  chapter  imposed
     3  pursuant  to  a bus rapid transit program imposing monetary liability on
     4  the owner of a vehicle for failure of an operator thereof to comply with
     5  such bus lane restrictions through the installation and operation of bus
     6  lane photo devices, in accordance with article twenty-four of this chap-
     7  ter;  or (v) the registrant was liable for a violation of section eleven
     8  hundred seventy-four of this chapter when meeting a  school  bus  marked
     9  and  equipped  as  provided  in  subdivisions twenty and twenty-one-c of
    10  section three hundred seventy-five of this chapter imposed pursuant to a
    11  local law or ordinance imposing monetary liability on  the  owner  of  a
    12  vehicle for failure of an operator thereof to comply with school bus red
    13  visual  signals  through  the  installation  and operation of school bus
    14  photo violation monitoring systems, in accordance with  article  twenty-
    15  nine  of this chapter; or (vi) the registrant was liable for a violation
    16  of section three hundred eighty-five of this chapter and  the  rules  of
    17  the  department of transportation of the city of New York in relation to
    18  gross vehicle weight and/or axle weight violations imposed pursuant to a
    19  weigh in motion demonstration program imposing monetary liability on the
    20  owner of a vehicle for failure of an operator  thereof  to  comply  with
    21  such  gross  vehicle  weight and/or axle weight restrictions through the
    22  installation and operation  of  weigh  in  motion  violation  monitoring
    23  systems,  in  accordance  with article ten of this chapter; or (vii) the
    24  registrant was liable for a violation of subdivision (b),  (d),  (f)  or
    25  (g) of section eleven hundred eighty of this chapter imposed pursuant to
    26  a  demonstration  program  imposing monetary liability on the owner of a
    27  vehicle for failure of an operator thereof to comply  with  such  posted
    28  maximum  speed  limits within a highway construction or maintenance work
    29  area through the installation and operation  of  photo  speed  violation
    30  monitoring  systems,  in accordance with article thirty of this chapter,
    31  or (viii) the registrant was liable for a violation of bus operation-re-
    32  lated traffic regulations as defined  by  article  twenty-four  of  this
    33  chapter  imposed  pursuant  to a demonstration program imposing monetary
    34  liability on the owner of a vehicle for failure of an  operator  thereof
    35  to  comply  with  such bus operation-related traffic regulations through
    36  the installation and operation of bus operation-related  photo  devices,
    37  in accordance with article twenty-four of this chapter, the commissioner
    38  or  his  or her agent shall deny the registration or renewal application
    39  until the applicant provides proof from the court, traffic  and  parking
    40  violations  agency  or  administrative  tribunal wherein the charges are
    41  pending that an appearance or answer has been made or in the case of  an
    42  administrative  tribunal  that he or she has complied with the rules and
    43  regulations of said tribunal following entry of a final decision.  Where
    44  an application is denied pursuant to this section, the commissioner may,
    45  in  his or her discretion, deny a registration or renewal application to
    46  any other person for the same vehicle and may  deny  a  registration  or
    47  renewal  application  for any other motor vehicle registered in the name
    48  of the applicant where the commissioner has determined that such  regis-
    49  trant's  intent  has  been to evade the purposes of this subdivision and
    50  where the commissioner has  reasonable  grounds  to  believe  that  such
    51  registration  or  renewal will have the effect of defeating the purposes
    52  of this subdivision. Such denial shall only remain in effect as long  as
    53  the  summonses  remain  unanswered,  or in the case of an administrative
    54  tribunal, the registrant fails to comply with the rules and  regulations
    55  following entry of a final decision.

        S. 4006--C                         73                         A. 3006--C
 
     1    §  9.  Subdivision 1-a of section 1809 of the vehicle and traffic law,
     2  as separately added by chapters 421, 460 and 773 of the  laws  of  2021,
     3  paragraph  (g)  as  relettered  by  chapter  258 of the laws of 2022, is
     4  amended to read as follows:
     5    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
     6  section, the provisions of subdivision one of  this  section  shall  not
     7  apply  to  an adjudication of liability of owners: (a) for violations of
     8  subdivision (d) of section eleven hundred eleven of this chapter imposed
     9  pursuant to a local law or ordinance imposing monetary liability on  the
    10  owner  of  a  vehicle  for failure of an operator thereof to comply with
    11  traffic-control indications through the installation  and  operation  of
    12  traffic-control signal photo violation-monitoring systems, in accordance
    13  with  article  twenty-four  of  this  chapter;  or (b) for violations of
    14  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    15  of  this  chapter  imposed  pursuant to a demonstration program imposing
    16  monetary liability on the owner of a vehicle for failure of an  operator
    17  thereof  to  comply  with  such  posted maximum speed limits through the
    18  installation and operation of photo speed violation monitoring  systems,
    19  in accordance with article thirty of this chapter; or (c) for violations
    20  of bus lane restrictions as defined by article twenty-four of this chap-
    21  ter  imposed  pursuant  to a bus rapid transit program imposing monetary
    22  liability on the owner of a vehicle for failure of an  operator  thereof
    23  to  comply  with such bus lane restrictions through the installation and
    24  operation of bus lane photo devices, in accordance with article  twenty-
    25  four  of  this  chapter;  or (d) for violations of toll collection regu-
    26  lations imposed by  certain  public  authorities  pursuant  to  the  law
    27  authorizing  such public authorities to impose monetary liability on the
    28  owner of a vehicle for failure of an operator  thereof  to  comply  with
    29  toll  collection  regulations  of  such  public  authorities through the
    30  installation and operation of photo-monitoring  systems,  in  accordance
    31  with  the provisions of section two thousand nine hundred eighty-five of
    32  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    33  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    34  hundred fifty; or (e) for violations of section eleven hundred  seventy-
    35  four  of  this  chapter when meeting a school bus marked and equipped as
    36  provided in  subdivisions  twenty  and  twenty-one-c  of  section  three
    37  hundred  seventy-five of this chapter imposed pursuant to a local law or
    38  ordinance imposing monetary liability on the  owner  of  a  vehicle  for
    39  failure  of  an  operator  thereof  to comply with school bus red visual
    40  signals through the installation  and  operation  of  school  bus  photo
    41  violation  monitoring systems, in accordance with article twenty-nine of
    42  this chapter; or (f) for violations of section three hundred eighty-five
    43  of this chapter and the rules of the department of transportation of the
    44  city of New York in relation to gross vehicle weight and/or axle  weight
    45  violations  imposed  pursuant to a weigh in motion demonstration program
    46  imposing monetary liability on the owner of a vehicle for failure of  an
    47  operator  thereof  to  comply with such gross vehicle weight and/or axle
    48  weight restrictions through the installation and operation of  weigh  in
    49  motion  violation  monitoring systems, in accordance with article ten of
    50  this chapter; or (g) for violations of subdivision (b), (d), (f) or  (g)
    51  of  section  eleven hundred eighty of this chapter imposed pursuant to a
    52  demonstration program imposing monetary liability  on  the  owner  of  a
    53  vehicle  for  failure  of an operator thereof to comply with such posted
    54  maximum speed limits within a highway construction or  maintenance  work
    55  area  through  the  installation  and operation of photo speed violation
    56  monitoring systems, in accordance with article thirty of  this  chapter;

        S. 4006--C                         74                         A. 3006--C
 
     1  or  (h)  for  violations of bus operation-related traffic regulations as
     2  defined by article twenty-four of this chapter  imposed  pursuant  to  a
     3  demonstration  program  imposing  monetary  liability  on the owner of a
     4  vehicle for failure of an operator thereof to comply with such bus oper-
     5  ation-related traffic regulations through the installation and operation
     6  of bus operation-related photo devices, in accordance with article twen-
     7  ty-four of this chapter.
     8    §  10. Subdivision 1 of section 1809-a of the vehicle and traffic law,
     9  as amended by section 21 of part J of chapter 62 of the laws of 2003, is
    10  amended to read as follows:
    11    1. The provisions of any other general or special law notwithstanding,
    12  whenever, in a city having a population of one hundred thousand or  more
    13  according   to   the  nineteen  hundred  eighty  United  States  census,
    14  proceedings in an administrative tribunal or a court result in a finding
    15  of liability, or conviction for the violation of any statute, local law,
    16  ordinance or rule involving the parking, stopping or standing of a motor
    17  vehicle, except an adjudication of liability of an owner for a violation
    18  of bus operation-related traffic regulations as defined by article twen-
    19  ty-four of this chapter imposed  pursuant  to  a  demonstration  program
    20  imposing  monetary liability on the owner of a vehicle for failure of an
    21  operator thereof to comply with such bus operation-related traffic regu-
    22  lations through the installation and operation of bus  operation-related
    23  photo  devices,  in accordance with article twenty-four of this chapter,
    24  there shall be levied a mandatory surcharge in  addition  to  any  other
    25  sentence, fine or penalty otherwise permitted or required, in the amount
    26  of fifteen dollars. Such surcharge shall not be deemed a monetary penal-
    27  ty  for the purposes of section two hundred thirty-seven of this chapter
    28  or section 19-203 of the administrative code of the city of New York.
    29    § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law,
    30  as added by section 7 of part C of chapter 55 of the laws  of  2013,  is
    31  amended to read as follows:
    32    1. Notwithstanding any other provision of law, whenever proceedings in
    33  an  administrative  tribunal  or  court  result  in  a  conviction for a
    34  violation of section  twelve  hundred,  twelve  hundred  one  or  twelve
    35  hundred  two  of this chapter, except an adjudication of liability of an
    36  owner for a violation of bus operation-related  traffic  regulations  as
    37  defined  by  article  twenty-four  of this chapter imposed pursuant to a
    38  demonstration program imposing monetary liability  on  the  owner  of  a
    39  vehicle for failure of an operator thereof to comply with such bus oper-
    40  ation-related traffic regulations through the installation and operation
    41  of bus operation-related photo devices, in accordance with article twen-
    42  ty-four  of this chapter, there shall be levied a mandatory surcharge in
    43  addition to any other sentence, fine or penalty otherwise  permitted  or
    44  required, in the amount of twenty-five dollars.
    45    §  12.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
    46  and traffic law, as separately added by chapters 421, 460 and 773 of the
    47  laws of 2021, clause (viii) as renumbered by chapter 258 of the laws  of
    48  2022, is amended to read as follows:
    49    a. Notwithstanding any other provision of law, whenever proceedings in
    50  a  court  or  an  administrative  tribunal  of  this  state  result in a
    51  conviction for an offense under this chapter, except a conviction pursu-
    52  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    53  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    54  regulation  adopted  pursuant  to  this  chapter,  except: (i) a traffic
    55  infraction involving standing, stopping, or  parking  or  violations  by
    56  pedestrians  or  bicyclists; and (ii) an adjudication of liability of an

        S. 4006--C                         75                         A. 3006--C
 
     1  owner for a violation of subdivision (d) of section eleven hundred elev-
     2  en of this chapter imposed pursuant to a local law or ordinance imposing
     3  monetary liability on the owner of a vehicle for failure of an  operator
     4  thereof to comply with traffic-control indications through the installa-
     5  tion  and operation of traffic-control signal photo violation-monitoring
     6  systems, in accordance with article twenty-four  of  this  chapter;  and
     7  (iii) an adjudication of liability of an owner for a violation of subdi-
     8  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
     9  this chapter imposed pursuant to a demonstration program imposing  mone-
    10  tary  liability  on  the  owner  of a vehicle for failure of an operator
    11  thereof to comply with such posted  maximum  speed  limits  through  the
    12  installation  and operation of photo speed violation monitoring systems,
    13  in accordance with article thirty of this chapter; and (iv)  an  adjudi-
    14  cation of liability of an owner for a violation of bus lane restrictions
    15  as  defined by article twenty-four of this chapter imposed pursuant to a
    16  bus rapid transit program imposing monetary liability on the owner of  a
    17  vehicle  for failure of an operator thereof to comply with such bus lane
    18  restrictions through the installation and operation of  bus  lane  photo
    19  devices, in accordance with article twenty-four of this chapter; and (v)
    20  an  adjudication  of  liability  of  an  owner  for  a violation of toll
    21  collection regulations imposed by certain public authorities pursuant to
    22  the law authorizing such public authorities to impose monetary liability
    23  on the owner of a vehicle for failure of an operator thereof  to  comply
    24  with  toll collection regulations of such public authorities through the
    25  installation and operation of photo-monitoring  systems,  in  accordance
    26  with section two thousand nine hundred eighty-five of the public author-
    27  ities  law  or  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    28  seven hundred seventy-four of the laws of nineteen  hundred  fifty;  and
    29  (vi) an adjudication of liability of an owner for a violation of section
    30  eleven  hundred  seventy-four  of this chapter when meeting a school bus
    31  marked and equipped as provided in subdivisions twenty and  twenty-one-c
    32  of  section  three hundred seventy-five of this chapter imposed pursuant
    33  to a local law or ordinance imposing monetary liability on the owner  of
    34  a  vehicle  for failure of an operator thereof to comply with school bus
    35  red visual signals through the installation and operation of school  bus
    36  photo  violation  monitoring systems, in accordance with article twenty-
    37  nine of this chapter; and (vii) an adjudication of liability of an owner
    38  for a violation of section three hundred eighty-five of this chapter and
    39  the rules of the department of transportation of the city of New York in
    40  relation to gross vehicle weight and/or axle weight  violations  imposed
    41  pursuant  to  a  weigh in motion demonstration program imposing monetary
    42  liability on the owner of a vehicle for failure of an  operator  thereof
    43  to comply with such gross vehicle weight and/or axle weight restrictions
    44  through  the  installation  and  operation  of weigh in motion violation
    45  monitoring systems, in accordance with article ten of this chapter;  and
    46  (viii)  an  adjudication  of  liability  of  an owner for a violation of
    47  subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of
    48  this  chapter imposed pursuant to a demonstration program imposing mone-
    49  tary liability on the owner of a vehicle  for  failure  of  an  operator
    50  thereof to comply with such posted maximum speed limits within a highway
    51  construction or maintenance work area through the installation and oper-
    52  ation  of  photo  speed violation monitoring systems, in accordance with
    53  article thirty of this chapter; and (ix) an adjudication of liability of
    54  an owner for a violation of bus operation-related traffic regulations as
    55  defined by article twenty-four of this chapter  imposed  pursuant  to  a
    56  demonstration  program  imposing  monetary  liability  on the owner of a

        S. 4006--C                         76                         A. 3006--C

     1  vehicle for failure of an operator thereof to comply with such bus oper-
     2  ation-related traffic regulations through the installation and operation
     3  of bus operation-related photo devices, in accordance with article twen-
     4  ty-four  of  this  chapter,  there  shall  be  levied in addition to any
     5  sentence, penalty or other surcharge required or permitted  by  law,  an
     6  additional surcharge of twenty-eight dollars.
     7    §  13.  Subdivision  2  of  section  87  of the public officers law is
     8  amended by adding a new paragraph (s) to read as follows:
     9    (s) are photographs, microphotographs,  videotape  or  other  recorded
    10  images  prepared  under authority of section eleven hundred eleven-c-one
    11  of the vehicle and traffic law.
    12    § 14. Paragraph 3 of subdivision (a) of section 1111-c of the  vehicle
    13  and  traffic  law  is REPEALED and a new paragraph 3 is added to read as
    14  follows:
    15    3. (i) The city of New  York  shall  adopt  and  enforce  measures  to
    16  protect  the  privacy  of  drivers, passengers, pedestrians and cyclists
    17  whose identity and identifying information may be captured by a bus lane
    18  photo device. Such measures shall include:
    19    (A) utilization of necessary technologies to  ensure,  to  the  extent
    20  practicable,  that  photographs,  microphotographs,  videotape  or other
    21  recorded images produced by  such  bus  lane  photo  devices  shall  not
    22  include images that identify the driver, the passengers, or the contents
    23  of  the  vehicle.  Provided, however, that no notice of liability issued
    24  pursuant to this section shall be dismissed solely because such a photo-
    25  graph, microphotograph, videotape or other recorded image allows for the
    26  identification of the driver, the passengers, or the contents of a vehi-
    27  cle where the city shows that it made reasonable efforts to comply  with
    28  the provisions of this paragraph in such case;
    29    (B)  the installation of signage that is clearly visible to drivers at
    30  regular intervals along and adjacent to bus lanes  stating  that  mobile
    31  and/or  stationary  bus  lane photo devices are used to enforce bus lane
    32  restrictions, in conformance with standards established  in  the  MUTCD;
    33  and
    34    (C)  oversight  procedures  to  ensure  compliance  with  the  privacy
    35  protection measures under this subdivision.
    36    (ii) Photographs, microphotographs, videotape or  any  other  recorded
    37  image from a bus lane photo device shall be for the exclusive use of the
    38  city  of  New  York  for  the  purpose  of the adjudication of liability
    39  imposed pursuant to this section and of the owner receiving a notice  of
    40  liability  pursuant to this section, and shall be destroyed by such city
    41  upon the final resolution of the  notice  of  liability  to  which  such
    42  photographs,   microphotographs,  videotape  or  other  recorded  images
    43  relate, or one year following the date of issuance  of  such  notice  of
    44  liability,  whichever  is  later.  Notwithstanding the provisions of any
    45  other law, rule or regulation to the contrary, photographs,  microphoto-
    46  graphs,  videotape  or  any  other  recorded image from a bus lane photo
    47  device shall not be open to the public, nor subject to civil or criminal
    48  process or discovery, nor used by any court or administrative or adjudi-
    49  catory body in any action or proceeding therein  except  that  which  is
    50  necessary  for the adjudication of a notice of liability issued pursuant
    51  to this section, and no public entity  or  employee,  officer  or  agent
    52  thereof  shall  disclose such information, except that such photographs,
    53  microphotographs, videotape or  any  other  recorded  images  from  such
    54  systems:
    55    (A) shall be available for inspection and copying and use by the motor
    56  vehicle  owner and operator for so long as such photographs, microphoto-

        S. 4006--C                         77                         A. 3006--C
 
     1  graphs, videotape or other recorded images are required to be maintained
     2  or are maintained by such public entity, employee, officer or agent; and
     3    (B)  (1)  shall be furnished when described in a search warrant issued
     4  by a court authorized to issue such a search warrant pursuant to article
     5  six hundred ninety of the criminal procedure  law  or  a  federal  court
     6  authorized  to issue such a search warrant under federal law, where such
     7  search warrant states that there is reasonable  cause  to  believe  such
     8  information  constitutes  evidence  of,  or tends to demonstrate that, a
     9  misdemeanor or felony offense was committed in  this  state  or  another
    10  state,  or  that a particular person participated in the commission of a
    11  misdemeanor or felony offense in this state or another state,  provided,
    12  however, that if such offense was against the laws of another state, the
    13  court  shall only issue a warrant if the conduct comprising such offense
    14  would, if occurring in this state, constitute a  misdemeanor  or  felony
    15  against the laws of this state; and
    16    (2) shall be furnished in response to a subpoena duces tecum signed by
    17  a  judge  of  competent  jurisdiction and issued pursuant to article six
    18  hundred ten of the criminal procedure law or a judge or magistrate of  a
    19  federal  court  authorized  to  issue  such a subpoena duces tecum under
    20  federal law, where the judge finds and the subpoena states that there is
    21  reasonable cause to believe such information is relevant and material to
    22  the prosecution, or the defense, or the investigation by  an  authorized
    23  law  enforcement official, of the alleged commission of a misdemeanor or
    24  felony in this state or another state, provided, however, that  if  such
    25  offense  was against the laws of another state, such judge or magistrate
    26  shall only issue such subpoena if the conduct  comprising  such  offense
    27  would, if occurring in this state, constitute a misdemeanor or felony in
    28  this state; and
    29    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
    30  of this subparagraph and otherwise admissible, be used in such  criminal
    31  action or proceeding.
    32    (iii) The demonstration program authorized pursuant to this section is
    33  prohibited  from  utilizing  and  from  arranging for the utilization of
    34  biometric identifying technology, including but not  limited  to  facial
    35  recognition  technology,  for  any purpose. The use, and the arrangement
    36  for the use, of biometric  identifying  technology,  including  but  not
    37  limited  to  facial  recognition technology, on photographs, microphoto-
    38  graphs, videotape, or any other recorded image or data produced by a bus
    39  lane photo device, by any person for any purpose,  are  prohibited.  For
    40  purposes of this subparagraph, "person" shall include, but not be limit-
    41  ed to, a human being, a public or private corporation, an unincorporated
    42  association, a partnership, a government or a governmental instrumental-
    43  ity,  a court or an administrative or adjudicatory body, and any employ-
    44  ee, officer, and agent of the foregoing.
    45    (iv) Any applicable mass  transit  agency  operating  bus  lane  photo
    46  devices  shall be prohibited from accessing any photographs, microphoto-
    47  graphs, videotapes, other recorded images or data from  bus  lane  photo
    48  devices but shall provide, pursuant to an agreement with the city of New
    49  York, for the proper handling and custody of such photographs, micropho-
    50  tographs,  videotapes,  other  recorded images and data produced by such
    51  systems, and for the forwarding of such  photographs,  microphotographs,
    52  videotapes,  other recorded images and data to such city for the purpose
    53  of determining whether a motor vehicle was operated in violation of  bus
    54  lane  restrictions  and imposing monetary liability on the owner of such
    55  motor vehicle therefor.

        S. 4006--C                         78                         A. 3006--C
 
     1    (v) Every bus upon which a mobile bus lane photo device  is  installed
     2  and operated pursuant to a bus rapid transit program authorized pursuant
     3  to this section shall be equipped with signs, placards or other displays
     4  giving notice to approaching motor vehicle operators that bus lane photo
     5  devices are used to enforce bus lane restrictions.
     6    § 15. Subdivision (c) of section 1111-c of the vehicle and traffic law
     7  is  amended  by  adding  four  new  paragraphs 7, 8, 9 and 10 to read as
     8  follows:
     9    7. "manual on uniform traffic control devices" or "MUTCD"  shall  mean
    10  the  manual  and  specifications for a uniform system of traffic control
    11  devices maintained by the commissioner  of  transportation  pursuant  to
    12  section sixteen hundred eighty of this chapter.
    13    8.  "biometric  identifying  technology"  shall mean any tool using an
    14  automated or semi-automated process that assists in verifying a person's
    15  identity based on a person's biometric information.
    16    9. "biometric information" shall mean any measurable physical, physio-
    17  logical or behavioral characteristics that are attributable to a person,
    18  including but not limited to facial characteristics, fingerprint charac-
    19  teristics, hand characteristics, eye characteristics,  vocal  character-
    20  istics,  and  any  other  characteristics that can be used to identify a
    21  person including, but not limited to: fingerprints;  handprints;  retina
    22  and iris patterns; DNA sequence; voice; gait; and facial geometry.
    23    10.  "facial  recognition"  shall  mean any tool using an automated or
    24  semi-automated process that assists in uniquely identifying or verifying
    25  a person by comparing and analyzing patterns based on the person's face.
    26    § 16. Subdivision (e) of section 1111-c of  the  vehicle  and  traffic
    27  law,  as  amended  by  section  1 of part D of chapter 39 of the laws of
    28  2019, is amended to read as follows:
    29    (e) An owner liable for a violation of a bus lane restriction  imposed
    30  on  any  route  within  a  bus rapid transit program shall be liable for
    31  monetary penalties in accordance with a schedule of fines and  penalties
    32  promulgated  by  the parking violations bureau of the city of New York[;
    33  provided, however, that the monetary penalty for violating  a  bus  lane
    34  restriction].  The liability of the owner pursuant to this section shall
    35  not exceed fifty dollars for a first violation, one hundred dollars  for
    36  a  second  [offense] violation within a twelve-month period, one hundred
    37  fifty dollars for a third  [offense]  violation  within  a  twelve-month
    38  period,  two  hundred  dollars for a fourth [offense] violation within a
    39  twelve-month period, and two hundred fifty dollars for  each  subsequent
    40  [offense]  violation  within  a  twelve-month period; provided, further,
    41  that an owner shall be liable for an additional penalty  not  to  exceed
    42  twenty-five  dollars  for each violation for the failure to respond to a
    43  notice of liability within the prescribed time period.
    44    § 17. Subdivision (j) of section 1111-c of  the  vehicle  and  traffic
    45  law,  as  amended  by section 6 of part NNN of chapter 59 of the laws of
    46  2018, is amended to read as follows:
    47    (j) 1. If the owner liable for a violation of a bus  lane  restriction
    48  was  not  the  operator of the vehicle at the time of the violation, the
    49  owner may maintain an action for indemnification against the operator.
    50    2. Notwithstanding any other provision of this section, no owner of  a
    51  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    52  section if the operator of such vehicle was operating such vehicle with-
    53  out the consent of the owner at the time such operator failed to obey  a
    54  bus  lane restriction. For purposes of this subdivision there shall be a
    55  presumption that the operator of such vehicle was operating such vehicle

        S. 4006--C                         79                         A. 3006--C
 
     1  with the consent of the owner at the time such operator failed to obey a
     2  bus lane restriction.
     3    §  18.  The  opening  paragraph  and paragraph 6 of subdivision (l) of
     4  section 1111-c of the vehicle and traffic law, as amended by  section  6
     5  of  part  NNN  of chapter 59 of the laws of 2018, are amended to read as
     6  follows:
     7    If the city of New York  adopts  a  bus  rapid  transit  demonstration
     8  program  pursuant  to  subdivision (a) of this section it shall submit a
     9  report on the results of the use of bus lane photo devices to the gover-
    10  nor, the temporary president of the senate and the speaker of the assem-
    11  bly by April first, two thousand twelve and every two years  thereafter.
    12  The  city of New York and applicable mass transit agency shall also make
    13  such reports available on their public-facing  websites,  provided  that
    14  they  may  provide aggregate data from paragraph one of this subdivision
    15  if the city finds that publishing specific location data would  jeopard-
    16  ize public safety. Such report shall include, but not be limited to:
    17    6.  the  total amount of revenue realized by such city and any partic-
    18  ipating mass transit agency and an itemized list of expenditures made by
    19  the participating mass transit agency with these revenues;
    20    § 19. Section 1111-c of the vehicle and  traffic  law  is  amended  by
    21  adding a new subdivision (n) to read as follows:
    22    (n)  It shall be a defense to any prosecution for a violation of a bus
    23  lane restriction pursuant to a bus rapid transit program adopted  pursu-
    24  ant to this section that such bus lane photo devices were malfunctioning
    25  at the time of the alleged violation.
    26    §  20. The opening paragraph of section 14 of part II of chapter 59 of
    27  the laws of 2010, amending the vehicle and traffic law  and  the  public
    28  officers  law relating to establishing a bus rapid transit demonstration
    29  program to restrict the use of bus lanes by  means  of  bus  lane  photo
    30  devices,  as amended by section 2 of part D of chapter 39 of the laws of
    31  2019, is amended to read as follows:
    32    This act shall take effect on the ninetieth day after  it  shall  have
    33  become  a law and shall expire [15 years after such effective date] July
    34  1, 2028 when upon such date the provisions of this act shall  be  deemed
    35  repealed;  and  provided  that any rules and regulations related to this
    36  act shall be promulgated on or  before  such  effective  date,  provided
    37  that:
    38    § 21. This act shall take effect one year after it shall have become a
    39  law; provided, however, that sections one and thirteen of this act shall
    40  expire  on  July  1,  2028,  when  upon such date the provisions of such
    41  sections shall be deemed repealed; provided further, however,  that  the
    42  amendments to subdivision 1 of section 1809-a of the vehicle and traffic
    43  law  made by section ten of this act shall not affect the repeal of such
    44  subdivision and  shall  be  deemed  repealed  therewith;  and  provided,
    45  further,  that the amendments to section 1111-c of the vehicle and traf-
    46  fic law made by sections fourteen, fifteen, sixteen, seventeen, eighteen
    47  and nineteen of this act shall not affect the repeal of such section and
    48  shall be deemed to be repealed therewith.   Effective  immediately,  the
    49  addition,  amendment  and/or  repeal of any rule or regulation necessary
    50  for the implementation of section one of this act on its effective  date
    51  are  authorized  to  be  made  and completed on or before such effective
    52  date.
 
    53                                   PART NN

        S. 4006--C                         80                         A. 3006--C
 
     1    Section 1. 1. The Metropolitan Transportation Authority ("the authori-
     2  ty") shall take necessary steps to establish and implement  a  fare-free
     3  bus pilot program within the City of New York. The authority shall pres-
     4  ent  the  fare-free bus pilot program to its board for approval no later
     5  than 60 days after the effective date of this act, for implementation no
     6  later than 90 days after board adoption.
     7    2.  The  purpose of the fare-free bus pilot program shall be to under-
     8  stand the impact of fare-free bus routes on ridership, quality  of  life
     9  issues,  bus  speed  performance,  operations, and related issues as the
    10  authority deems relevant.
    11    3. The fare-free bus pilot program shall consist of five fare-free bus
    12  routes and shall cost no more than fifteen million dollars in net  oper-
    13  ating costs.  Net operating costs shall be determined by the total costs
    14  of  implementing the fare-free bus pilot program and shall not accrue to
    15  the City of New York.
    16    4. The fare-free bus  routes  included  in  the  fare-free  bus  pilot
    17  program shall be selected by the authority, provided that there shall be
    18  at  least one fare-free bus route within each of the following counties:
    19  Kings County, New York County, Queens County, Richmond County and  Bronx
    20  County.  The factors considered by the authority in selecting such fare-
    21  free  bus  routes shall include but not be limited to: (a) fare evasion;
    22  (b)   ridership,   including   subway   ridership   and   ridership   on
    23  adjacent/redundant  bus routes; (c) service adequacy and equity for low-
    24  income and economically disadvantaged communities;  and  (d)  access  to
    25  employment  and  commercial  activity  in  areas served by the fare-free
    26  routes.
    27    5. No express bus routes shall be included in the fare-free bus  pilot
    28  program.
    29    6.  The authority shall report to its board on the fare-free bus pilot
    30  program after it has been in effect for six months and  again  upon  the
    31  conclusion  of the pilot.  Such reports shall also be sent to the Gover-
    32  nor, the temporary president of the  Senate,  and  the  speaker  of  the
    33  Assembly,  and  shall  include,  but  not  be  limited to, the following
    34  comparative performance metrics: (a) ridership totals relative to equiv-
    35  alent time periods before  the  pilot  took  effect;  (b)  increases  or
    36  decreases  in fare evasion  on adjacent/redundant bus routes and subways
    37  during the fare-free bus pilot program relative to the  equivalent  time
    38  period  before  the fare-free bus pilot program took effect; (c) percent
    39  of scheduled service delivered; (d) average end-to-end bus speed  chang-
    40  es;  (e) customer journey time performance; (f) additional bus stop time
    41  and travel time; (g) wait assessments; (h)  the  cost  to  provide  such
    42  service  itemized by route; (i) scheduled service frequency; and (j) any
    43  other impacts associated with and  resulting  from  such  fare-free  bus
    44  pilot program.
    45    7.  The  fare-free  bus routes shall revert to regular revenue service
    46  six to twelve months after the fare-free bus pilot program begins.
    47    § 2. This act shall take effect immediately.
 
    48                                   PART OO
 
    49    Section 1. Subdivision 2 of section 509-a of the  racing,  pari-mutuel
    50  wagering and breeding law, as amended by section 1 of part DD of chapter
    51  59 of the laws of 2022, is amended to read as follows:
    52    2.  a. Notwithstanding any other provision of law or regulation to the
    53  contrary, from April nineteenth, two thousand twenty-one to March  thir-
    54  ty-first,  two  thousand  twenty-two, twenty-three percent of the funds,

        S. 4006--C                         81                         A. 3006--C
 
     1  not to exceed two and one-half million dollars,  in  the  Catskill  off-
     2  track  betting  corporation's  capital acquisition fund and twenty-three
     3  percent of the funds, not to exceed four hundred forty thousand dollars,
     4  in  the Capital off-track betting corporation's capital acquisition fund
     5  established pursuant to this section shall also  be  available  to  such
     6  off-track betting corporation for the purposes of statutory obligations,
     7  payroll, and expenditures necessary to accept authorized wagers.
     8    b.  Notwithstanding  any  other  provision of law or regulation to the
     9  contrary, from April first, two thousand  twenty-two  to  March  thirty-
    10  first, two thousand twenty-three, twenty-three percent of the funds, not
    11  to  exceed  two  and one-half million dollars, in the Catskill off-track
    12  betting corporation's capital acquisition fund established  pursuant  to
    13  this  section, and twenty-three percent of the funds, not to exceed four
    14  hundred forty thousand dollars, in the Capital off-track betting  corpo-
    15  ration's  capital acquisition fund established pursuant to this section,
    16  shall be available  to  such  off-track  betting  corporations  for  the
    17  purposes  of  statutory obligations, payroll, and expenditures necessary
    18  to accept authorized wagers.
    19    c. Notwithstanding any other provision of law  or  regulation  to  the
    20  contrary,  from  April first, two thousand twenty-three to March thirty-
    21  first, two thousand twenty-four, twenty-three percent of the funds,  not
    22  to  exceed  two  and one-half million dollars, in the Catskill off-track
    23  betting corporation's capital acquisition fund established  pursuant  to
    24  this  section,  and one million dollars in the Capital off-track betting
    25  corporation's capital acquisition  fund  established  pursuant  to  this
    26  section,  shall  be  available to such off-track betting corporation for
    27  the purposes of expenditures necessary to accept authorized wagers; past
    28  due statutory obligations to New  York  licensed  or  franchised  racing
    29  corporations  or  associations;  past due contractual obligations due to
    30  other racing associations or organizations for the costs of acquiring  a
    31  simulcast  signal; past due statutory payment obligations due to the New
    32  York state thoroughbred breeding and development fund corporation, agri-
    33  culture and New York state horse  breeding  development  fund,  and  the
    34  Harry    M.  Zweig memorial fund for equine research; and past due obli-
    35  gations due the state.
    36    d. Prior to a corporation being able to utilize the  funds  authorized
    37  by paragraph [b] c of this subdivision, the corporation must attest that
    38  the  surcharge monies from section five hundred thirty-two of this chap-
    39  ter are being held separate and apart from any amounts otherwise author-
    40  ized to be retained from pari-mutuel   pools and  all  surcharge  monies
    41  have  been  and will continue to be paid to the localities as prescribed
    42  in law.  Once this condition is satisfied, the corporation  must  submit
    43  an expenditure plan to the gaming commission for review. Such plan shall
    44  include the corporation's outstanding liabilities, projected revenue for
    45  the upcoming year, a detailed explanation of how the funds will be used,
    46  and  any  other  information necessary to detail such plan as determined
    47  [necessary] by the commission. Upon review, the commission [will]  shall
    48  make  a  determination  as to whether [access to the funds is needed and
    49  warranted] the requirements of this paragraph have  been  satisfied  and
    50  notify  the  corporation  of expenditure plan approval. In the event the
    51  commission determines the requirements of this paragraph have  not  been
    52  satisfied,  the commission shall notify the corporation of all deficien-
    53  cies necessary for approval. As a condition  of  such  expenditure  plan
    54  approval,  the  corporation  shall provide a report to the commission no
    55  later than October first, two thousand twenty-three, which shall include
    56  an accounting of the use of such funds. At such time, the commission may

        S. 4006--C                         82                         A. 3006--C
 
     1  cause an independent audit to be conducted of the corporation's books to
     2  ensure that all moneys were spent as indicated in  such  approved  plan.
     3  The  audit  shall be paid for from money in the fund established by this
     4  section.  If  the  audit  determines  that  a corporation used the money
     5  authorized under this section for a purpose other  than  one  listed  in
     6  their expenditure plan, then the corporation shall reimburse the capital
     7  acquisition fund for the unauthorized amount.
     8    § 2. This act shall take effect immediately.
 
     9                                   PART PP
 
    10    Section  1. The state comptroller is hereby authorized and directed to
    11  loan money in accordance with the provisions set forth in subdivision  5
    12  of  section  4  of  the  state finance law to the following funds and/or
    13  accounts:
    14    1. DOL-Child performer protection account (20401).
    15    2. Local government records management account (20501).
    16    3. Child health plus program account (20810).
    17    4. EPIC premium account (20818).
    18    5. Education - New (20901).
    19    6. VLT - Sound basic education fund (20904).
    20    7.  Sewage  treatment  program  management  and  administration   fund
    21  (21000).
    22    8. Hazardous bulk storage account (21061).
    23    9. Utility environmental regulatory account (21064).
    24    10. Federal grants indirect cost recovery account (21065).
    25    11. Low level radioactive waste account (21066).
    26    12. Recreation account (21067).
    27    13. Public safety recovery account (21077).
    28    14. Environmental regulatory account (21081).
    29    15. Natural resource account (21082).
    30    16. Mined land reclamation program account (21084).
    31    17. Great lakes restoration initiative account (21087).
    32    18. Environmental protection and oil spill compensation fund (21200).
    33    19. Public transportation systems account (21401).
    34    20. Metropolitan mass transportation (21402).
    35    21. Operating permit program account (21451).
    36    22. Mobile source account (21452).
    37    23. Statewide   planning   and  research  cooperative  system  account
    38  (21902).
    39    24. New York state thruway authority account (21905).
    40    25. Mental hygiene program fund account (21907).
    41    26. Mental hygiene patient income account (21909).
    42    27. Financial control board account (21911).
    43    28. Regulation of racing account (21912).
    44    29. State university dormitory income reimbursable account (21937).
    45    30. Criminal justice improvement account (21945).
    46    31. Environmental laboratory reference fee account (21959).
    47    32. Training, management and evaluation account (21961).
    48    33. Clinical laboratory reference system assessment account (21962).
    49    34. Indirect cost recovery account (21978).
    50    35. Multi-agency training account (21989).
    51    36. Bell jar collection account (22003).
    52    37. Industry and utility service account (22004).
    53    38. Real property disposition account (22006).
    54    39. Parking account (22007).

        S. 4006--C                         83                         A. 3006--C
 
     1    40. Courts special grants (22008).
     2    41. Asbestos safety training program account (22009).
     3    42. Batavia school for the blind account (22032).
     4    43. Investment services account (22034).
     5    44. Surplus property account (22036).
     6    45. Financial oversight account (22039).
     7    46. Regulation of Indian gaming account (22046).
     8    47. Rome school for the deaf account (22053).
     9    48. Seized assets account (22054).
    10    49. Administrative adjudication account (22055).
    11    50. New York City assessment account (22062).
    12    51. Cultural education account (22063).
    13    52. Local services account (22078).
    14    53. DHCR mortgage servicing account (22085).
    15    54. Housing indirect cost recovery account (22090).
    16    55. Voting Machine Examinations account (22099).
    17    56. DHCR-HCA application fee account (22100).
    18    57. Low income housing monitoring account (22130).
    19    58. Restitution account (22134).
    20    59. Corporation administration account (22135).
    21    60.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
    22  account (22144).
    23    61. Deferred compensation administration account (22151).
    24    62. Rent revenue other New York City account (22156).
    25    63. Rent revenue account (22158).
    26    64. Transportation aviation account (22165).
    27    65. Tax revenue arrearage account (22168).
    28    66. New York State Campaign Finance Fund account (22211).
    29    67. New York state medical indemnity fund account (22240).
    30    68. Behavioral health parity compliance fund (22246).
    31    69. Pharmacy benefit manager regulatory fund (22255).
    32    70. State university general income offset account (22654).
    33    71. Lake George park trust fund account (22751).
    34    72. Highway safety program account (23001).
    35    73. DOH drinking water program account (23102).
    36    74. NYCCC operating offset account (23151).
    37    75. Commercial gaming revenue account (23701).
    38    76. Commercial gaming regulation account (23702).
    39    77. Highway use tax administration account (23801).
    40    78. New York state secure choice administrative account (23806).
    41    79. New York state cannabis revenue fund (24800).
    42    80. Fantasy sports administration account (24951).
    43    81. Mobile sports wagering fund (24955).
    44    82. Highway and bridge capital account (30051).
    45    83. State university residence hall rehabilitation fund (30100).
    46    84. State parks infrastructure account (30351).
    47    85. Clean water/clean air implementation fund (30500).
    48    86. Hazardous waste remedial cleanup account (31506).
    49    87. Youth facilities improvement account (31701).
    50    88. Housing assistance fund (31800).
    51    89. Housing program fund (31850).
    52    90. Highway facility purpose account (31951).
    53    91. New York racing account (32213).
    54    92. Capital miscellaneous gifts account (32214).
    55    93. Information technology capital financing account (32215).

        S. 4006--C                         84                         A. 3006--C
 
     1    94. New York environmental protection and  spill  remediation  account
     2  (32219).
     3    95. Mental hygiene facilities capital improvement fund (32300).
     4    96. Correctional facilities capital improvement fund (32350).
     5    97. New York State Storm Recovery Capital Fund (33000).
     6    98. OGS convention center account (50318).
     7    99. Empire Plaza Gift Shop (50327).
     8    100.  Unemployment Insurance Benefit Fund, Interest Assessment Account
     9  (50651).
    10    101. Centralized services fund (55000).
    11    102. Archives records management account (55052).
    12    103. Federal single audit account (55053).
    13    104. Civil service administration account (55055).
    14    105. Civil service EHS occupational health program account (55056).
    15    106. Banking services account (55057).
    16    107. Cultural resources survey account (55058).
    17    108. Neighborhood work project account (55059).
    18    109. Automation & printing chargeback account (55060).
    19    110. OFT NYT account (55061).
    20    111. Data center account (55062).
    21    112. Intrusion detection account (55066).
    22    113. Domestic violence grant account (55067).
    23    114. Centralized technology services account (55069).
    24    115. Labor contact center account (55071).
    25    116. Human services contact center account (55072).
    26    117. Tax contact center account (55073).
    27    118. Department of law civil recoveries account (55074).
    28    119. Executive direction internal audit account (55251).
    29    120. CIO Information technology centralized services account (55252).
    30    121. Health insurance internal service account (55300).
    31    122. Civil service employee benefits division  administrative  account
    32  (55301).
    33    123. Correctional industries revolving fund (55350).
    34    124. Employees health insurance account (60201).
    35    125. Medicaid management information system escrow fund (60900).
    36    126. Virtual currency assessments account.
    37    § 1-a. The state comptroller is hereby authorized and directed to loan
    38  money  in  accordance  with the provisions set forth in subdivision 5 of
    39  section 4 of the state finance law to any account within  the  following
    40  federal  funds,  provided  the comptroller has made a determination that
    41  sufficient federal grant award authority is available to reimburse  such
    42  loans:
    43    1. Federal USDA-food and nutrition services fund (25000).
    44    2. Federal health and human services fund (25100).
    45    3. Federal education fund (25200).
    46    4. Federal block grant fund (25250).
    47    5. Federal miscellaneous operating grants fund (25300).
    48    6. Federal unemployment insurance administration fund (25900).
    49    7. Federal unemployment insurance occupational training fund (25950).
    50    8. Federal emergency employment act fund (26000).
    51    9. Federal capital projects fund (31350).
    52    §  2.  Notwithstanding any law to the contrary, and in accordance with
    53  section 4 of the state finance law, the comptroller is hereby authorized
    54  and directed to transfer, upon request of the director of the budget, on
    55  or before March 31, 2024, up to the unencumbered balance or the  follow-
    56  ing amounts:

        S. 4006--C                         85                         A. 3006--C
 
     1    Economic Development and Public Authorities:
     2    1. $1,175,000 from the miscellaneous special revenue fund, underground
     3  facilities safety training account (22172), to the general fund.
     4    2.  An  amount  up  to the unencumbered balance from the miscellaneous
     5  special revenue fund, business and licensing services  account  (21977),
     6  to the general fund.
     7    3.  $19,810,000  from  the  miscellaneous  special  revenue fund, code
     8  enforcement account (21904), to the general fund.
     9    4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
    10  revenue fund, tax revenue arrearage account (22168).
    11    Education:
    12    1.  $2,303,000,000  from  the  general fund to the state lottery fund,
    13  education account (20901), as reimbursement for disbursements made  from
    14  such  fund for supplemental aid to education pursuant to section 92-c of
    15  the state finance law that are in excess of  the  amounts  deposited  in
    16  such fund for such purposes pursuant to section 1612 of the tax law.
    17    2. $1,033,000,000 from the general fund to the state lottery fund, VLT
    18  education  account (20904), as reimbursement for disbursements made from
    19  such fund for supplemental aid to education pursuant to section 92-c  of
    20  the  state  finance  law  that are in excess of the amounts deposited in
    21  such fund for such purposes pursuant to section 1612 of the tax law.
    22    3. $137,789,000 from the general fund to the New York state commercial
    23  gaming fund, commercial gaming revenue account (23701), as reimbursement
    24  for disbursements made from such fund for supplemental aid to  education
    25  pursuant  to section 97-nnnn of the state finance law that are in excess
    26  of the amounts deposited in such fund for purposes pursuant  to  section
    27  1352 of the racing, pari-mutuel wagering and breeding law.
    28    4.  $1,061,047,000 from the general fund to the mobile sports wagering
    29  fund, education account (24955), as reimbursement for disbursements made
    30  from such fund for supplemental aid to  education  pursuant  to  section
    31  92-c of the state finance law that are in excess of the amounts deposit-
    32  ed  in  such  fund  for  such  purposes  pursuant to section 1367 of the
    33  racing, pari-mutuel wagering and breeding law.
    34    5. $7,000,000 from the interactive fantasy sports fund, fantasy sports
    35  education account (24950), to the state lottery fund, education  account
    36  (20901),  as  reimbursement  for  disbursements  made from such fund for
    37  supplemental aid to education pursuant to  section  92-c  of  the  state
    38  finance law.
    39    6.  An  amount up to the unencumbered balance in the fund on March 31,
    40  2024 from the charitable gifts  trust  fund,  elementary  and  secondary
    41  education  account  (24901), to the general fund, for payment of general
    42  support for public schools pursuant to section 3609-a of  the  education
    43  law.
    44    7. Moneys from the state lottery fund (20900) up to an amount deposit-
    45  ed in such fund pursuant to section 1612 of the tax law in excess of the
    46  current year appropriation for supplemental aid to education pursuant to
    47  section 92-c of the state finance law.
    48    8.  $300,000  from the New York state local government records manage-
    49  ment improvement  fund,  local  government  records  management  account
    50  (20501), to the New York state archives partnership trust fund, archives
    51  partnership trust maintenance account (20351).
    52    9. $900,000 from the general fund to the miscellaneous special revenue
    53  fund, Batavia school for the blind account (22032).
    54    10. $900,000 from the general fund to the miscellaneous special reven-
    55  ue fund, Rome school for the deaf account (22053).

        S. 4006--C                         86                         A. 3006--C
 
     1    11.  $343,400,000  from  the  state  university  dormitory income fund
     2  (40350) to the miscellaneous  special  revenue  fund,  state  university
     3  dormitory income reimbursable account (21937).
     4    12.  $8,318,000  from  the general fund to the state university income
     5  fund, state university income offset account (22654),  for  the  state's
     6  share of repayment of the STIP loan.
     7    13. $53,000,000 from the state university income fund, state universi-
     8  ty hospitals income reimbursable account (22656) to the general fund for
     9  hospital  debt  service  for  the period April 1, 2023 through March 31,
    10  2024.
    11    14. $5,160,000 from the miscellaneous special revenue fund, office  of
    12  the  professions  account (22051), to the miscellaneous capital projects
    13  fund, office of the professions electronic licensing account (32222).
    14    15. $24,000,000 from any of the state education  department's  special
    15  revenue  and internal service funds to the miscellaneous special revenue
    16  fund, indirect cost recovery account (21978).
    17    16. $4,200,000 from any of the state  education  department's  special
    18  revenue or internal service funds to the capital projects fund (30000).
    19    17.  $30,013,000  from  the  general fund to the miscellaneous special
    20  revenue fund, HESC-insurance premium payments account (21960).
    21    Environmental Affairs:
    22    1. $16,000,000 from any of the department of  environmental  conserva-
    23  tion's  special  revenue federal funds, and/or federal capital funds, to
    24  the environmental conservation special revenue  fund,  federal  indirect
    25  recovery account (21065).
    26    2.  $5,000,000  from  any of the department of environmental conserva-
    27  tion's special revenue federal funds, and/or federal capital  funds,  to
    28  the  conservation  fund  (21150)  or Marine Resources Account (21151) as
    29  necessary to avoid diversion of conservation funds.
    30    3. $3,000,000 from any of the office of parks, recreation and historic
    31  preservation capital projects federal funds and special revenue  federal
    32  funds  to the miscellaneous special revenue fund, federal grant indirect
    33  cost recovery account (22188).
    34    4. $1,000,000 from any of the office of parks, recreation and historic
    35  preservation special revenue federal funds to the miscellaneous  capital
    36  projects fund, I love NY water account (32212).
    37    5.  $100,000,000 from the general fund to the environmental protection
    38  fund, environmental protection fund transfer account (30451).
    39    6. $6,000,000 from the general fund to the  hazardous  waste  remedial
    40  fund, hazardous waste oversight and assistance account (31505).
    41    7.  An  amount  up  to or equal to the cash balance within the special
    42  revenue-other waste management & cleanup account (21053) to the  capital
    43  projects  fund  (30000) for services and capital expenses related to the
    44  management and cleanup program as put forth in section  27-1915  of  the
    45  environmental conservation law.
    46    8.  $1,800,000  from  the  miscellaneous  special revenue fund, public
    47  service account (22011) to the miscellaneous special revenue fund, util-
    48  ity environmental regulatory account (21064).
    49    9. $7,000,000 from the general fund to the enterprise fund, state fair
    50  account (50051).
    51    10. $4,000,000 from the waste management & cleanup account (21053)  to
    52  the general fund.
    53    11.  $3,000,000 from the waste management & cleanup account (21053) to
    54  the environmental protection fund transfer account (30451).
    55    12. Up to $10,000,000 from  the  general  fund  to  the  miscellaneous
    56  special revenue fund, patron services account (22163).

        S. 4006--C                         87                         A. 3006--C
 
     1    13. $500,000 from the general fund to the miscellaneous special reven-
     2  ue fund, authority budget office account (22138).
     3    Family Assistance:
     4    1.  $7,000,000 from any of the office of children and family services,
     5  office of temporary and disability assistance, or department  of  health
     6  special  revenue  federal funds and the general fund, in accordance with
     7  agreements with social services districts, to the miscellaneous  special
     8  revenue  fund, office of human resources development state match account
     9  (21967).
    10    2. $4,000,000 from any of the office of children and  family  services
    11  or office of temporary and disability assistance special revenue federal
    12  funds to the miscellaneous special revenue fund, family preservation and
    13  support services and family violence services account (22082).
    14    3. $18,670,000 from any of the office of children and family services,
    15  office  of  temporary and disability assistance, or department of health
    16  special revenue federal  funds  and  any  other  miscellaneous  revenues
    17  generated  from  the operation of office of children and family services
    18  programs to the general fund.
    19    4. $175,000,000 from any of the office  of  temporary  and  disability
    20  assistance  or department of health special revenue funds to the general
    21  fund.
    22    5. $2,500,000 from any of  the  office  of  temporary  and  disability
    23  assistance  special  revenue  funds to the miscellaneous special revenue
    24  fund, office of temporary  and  disability  assistance  program  account
    25  (21980).
    26    6. $35,000,000 from any of the office of children and family services,
    27  office  of temporary and disability assistance, department of labor, and
    28  department of health special revenue federal  funds  to  the  office  of
    29  children  and family services miscellaneous special revenue fund, multi-
    30  agency training contract account (21989).
    31    7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
    32  facility per diem account (22186), to the general fund.
    33    8.  $621,850  from the general fund to the combined gifts, grants, and
    34  bequests fund, WB Hoyt Memorial account (20128).
    35    9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
    36  central registry (22028), to the general fund.
    37    10.  $900,000  from  the general fund to the Veterans' Remembrance and
    38  Cemetery Maintenance and Operation account (20201).
    39    11. $905,000,000 from the general fund to  the  housing  program  fund
    40  (31850).
    41    12.  Up  to  $10,000,000 from any of the office of children and family
    42  services special revenue federal funds to the office of the court admin-
    43  istration special revenue other federal iv-e funds account.
    44    General Government:
    45    1. $12,000,000 from the general fund to the health insurance revolving
    46  fund (55300).
    47    2. $292,400,000  from  the  health  insurance  reserve  receipts  fund
    48  (60550) to the general fund.
    49    3. $150,000 from the general fund to the not-for-profit revolving loan
    50  fund (20650).
    51    4. $150,000 from the not-for-profit revolving loan fund (20650) to the
    52  general fund.
    53    5.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
    54  property account (22036), to the general fund.
    55    6. $19,000,000 from the miscellaneous special  revenue  fund,  revenue
    56  arrearage account (22024), to the general fund.

        S. 4006--C                         88                         A. 3006--C
 
     1    7.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
     2  arrearage account (22024), to the miscellaneous  special  revenue  fund,
     3  authority budget office account (22138).
     4    8.  $1,000,000  from  the  miscellaneous special revenue fund, parking
     5  account (22007), to the general fund, for the purpose of reimbursing the
     6  costs of debt service related to state parking facilities.
     7    9. $11,460,000 from the general fund to the agencies internal  service
     8  fund,  central  technology  services account (55069), for the purpose of
     9  enterprise technology projects.
    10    10. $10,000,000 from the general fund to the agencies internal service
    11  fund, state data center account (55062).
    12    11. $12,000,000 from the miscellaneous special revenue  fund,  parking
    13  account  (22007), to the centralized services, building support services
    14  account (55018).
    15    12. $30,000,000 from the general fund to the  internal  service  fund,
    16  business services center account (55022).
    17    13.  $8,000,000  from  the  general fund to the internal service fund,
    18  building support services account (55018).
    19    14. $1,500,000 from the combined expendable trust fund, plaza  special
    20  events account (20120), to the general fund.
    21    15.  $50,000,000 from the New York State cannabis revenue fund (24800)
    22  to the general fund.
    23    16. A transfer from the general  fund  to  the  miscellaneous  special
    24  revenue  fund,  New York State Campaign Finance Fund Account (22211), up
    25  to an amount equal to total reimbursements due to qualified candidates.
    26    17. $6,000,000 from the miscellaneous special revenue fund,  standards
    27  and purchasing account (22019), to the general fund.
    28    Health:
    29    1.  A transfer from the general fund to the combined gifts, grants and
    30  bequests fund, breast cancer research and education account (20155),  up
    31  to  an  amount  equal  to  the  monies collected and deposited into that
    32  account in the previous fiscal year.
    33    2. A transfer from the general fund to the combined gifts, grants  and
    34  bequests  fund,  prostate  cancer  research,  detection,  and  education
    35  account (20183), up to an amount  equal  to  the  moneys  collected  and
    36  deposited into that account in the previous fiscal year.
    37    3.  A transfer from the general fund to the combined gifts, grants and
    38  bequests fund,  Alzheimer's  disease  research  and  assistance  account
    39  (20143),  up  to  an  amount equal to the moneys collected and deposited
    40  into that account in the previous fiscal year.
    41    4. $8,940,000 from the HCRA resources fund (20800)  to  the  miscella-
    42  neous  special  revenue  fund, empire state stem cell trust fund account
    43  (22161).
    44    5. $3,600,000 from the miscellaneous special revenue fund, certificate
    45  of need account (21920), to the  miscellaneous  capital  projects  fund,
    46  healthcare IT capital subfund (32216).
    47    6.  $4,000,000  from  the  miscellaneous  special  revenue fund, vital
    48  health records account (22103), to the  miscellaneous  capital  projects
    49  fund, healthcare IT capital subfund (32216).
    50    7.  $6,000,000  from  the  miscellaneous special revenue fund, profes-
    51  sional medical conduct account (22088),  to  the  miscellaneous  capital
    52  projects fund, healthcare IT capital subfund (32216).
    53    8.  $114,500,000  from  the HCRA resources fund (20800) to the capital
    54  projects fund (30000).
    55    9. $6,550,000 from the general fund  to  the  medical  cannabis  trust
    56  fund, health operation and oversight account (23755).

        S. 4006--C                         89                         A. 3006--C
 
     1    10. An amount up to the unencumbered balance from the charitable gifts
     2  trust  fund, health charitable account (24900), to the general fund, for
     3  payment of general support for primary, preventive, and inpatient health
     4  care, dental and vision care, hunger prevention and nutritional  assist-
     5  ance,  and  other services for New York state residents with the overall
     6  goal of ensuring that New York state residents have  access  to  quality
     7  health care and other related services.
     8    11.  $500,000  from  the  miscellaneous special revenue fund, New York
     9  State cannabis revenue fund, to the miscellaneous special revenue  fund,
    10  environmental laboratory fee account (21959).
    11    12.  An  amount  up to the unencumbered balance from the public health
    12  emergency charitable gifts trust fund to the general fund,  for  payment
    13  of  goods  and services necessary to respond to a public health disaster
    14  emergency or to assist or aid in responding to such a disaster.
    15    13.  $1,000,000,000 from the general fund to the health care transfor-
    16  mation fund (24850).
    17    14. $2,590,000 from the miscellaneous special  revenue  fund,  patient
    18  safety center account (22140), to the general fund.
    19    15.  $1,000,000  from  the miscellaneous special revenue fund, nursing
    20  home receivership account (21925), to the general fund.
    21    16. $130,000 from the miscellaneous special revenue fund,  quality  of
    22  care account (21915), to the general fund.
    23    17. $2,200,000 from the miscellaneous special revenue fund, adult home
    24  quality enhancement account (22091), to the general fund.
    25    18.  $7,429,000  from  the  general fund, to the miscellaneous special
    26  revenue fund, helen hayes hospital account (22140).
    27    19. $1,117,000 from the general fund,  to  the  miscellaneous  special
    28  revenue fund, New York city veterans' home account (22141).
    29    20.  $813,000  from  the  general  fund,  to the miscellaneous special
    30  revenue fund, New York state home for veterans' and their dependents  at
    31  oxford account (22142).
    32    21.  $313,000  from  the  general  fund,  to the miscellaneous special
    33  revenue fund, western New York veterans' home account (22143).
    34    22. $1,473,000 from the general fund,  to  the  miscellaneous  special
    35  revenue  fund,  New  York  state for veterans in the lower-hudson valley
    36  account (22144).
    37    Labor:
    38    1. $600,000 from the miscellaneous special revenue fund, DOL  fee  and
    39  penalty account (21923), to the child performer's protection fund, child
    40  performer protection account (20401).
    41    2.  $11,700,000  from  the unemployment insurance interest and penalty
    42  fund,  unemployment  insurance  special  interest  and  penalty  account
    43  (23601), to the general fund.
    44    3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
    45  ment  insurance special interest and penalty account (23601), and public
    46  work enforcement account (21998), to the general fund.
    47    4. $850,000 from the miscellaneous special revenue fund, DOL  elevator
    48  safety  program  fund (22252) to the miscellaneous special revenue fund,
    49  DOL fee and penalty account (21923).
    50    Mental Hygiene:
    51    1. $3,800,000 from the general fund, to the agencies internal  service
    52  fund, civil service EHS occupational health program account (55056).
    53    2.  $2,000,000 from the general fund, to the mental hygiene facilities
    54  capital improvement fund (32300).
    55    3. $20,000,000 from the opioid settlement fund (23817) to the  miscel-
    56  laneous capital projects fund, opioid settlement capital account.

        S. 4006--C                         90                         A. 3006--C

     1    4.  $20,000,000  from  the miscellaneous capital projects fund, opioid
     2  settlement capital account to the opioid settlement fund (23817).
     3    Public Protection:
     4    1.  $1,350,000  from the miscellaneous special revenue fund, emergency
     5  management account (21944), to the general fund.
     6    2. $2,587,000 from the  general  fund  to  the  miscellaneous  special
     7  revenue fund, recruitment incentive account (22171).
     8    3.  $23,773,000  from  the general fund to the correctional industries
     9  revolving  fund,  correctional  industries  internal   service   account
    10  (55350).
    11    4.  $2,000,000,000  from  any of the division of homeland security and
    12  emergency services special revenue federal funds to the general fund.
    13    5. $115,420,000 from the state police motor  vehicle  law  enforcement
    14  and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
    15  police motor vehicle enforcement account (22802), to  the  general  fund
    16  for state operation expenses of the division of state police.
    17    6.  $138,272,000  from the general fund to the correctional facilities
    18  capital improvement fund (32350).
    19    7. $5,000,000 from the general  fund  to  the  dedicated  highway  and
    20  bridge trust fund (30050) for the purpose of work zone safety activities
    21  provided by the division of state police for the department of transpor-
    22  tation.
    23    8.  $10,000,000 from the miscellaneous special revenue fund, statewide
    24  public safety communications account (22123), to  the  capital  projects
    25  fund (30000).
    26    9.  $9,830,000  from  the  miscellaneous  special  revenue fund, legal
    27  services assistance account (22096), to the general fund.
    28    10. $1,000,000 from the general fund to the agencies internal  service
    29  fund, neighborhood work project account (55059).
    30    11.  $7,980,000  from  the miscellaneous special revenue fund, finger-
    31  print identification & technology account (21950), to the general fund.
    32    12. $1,100,000 from the state police motor vehicle law enforcement and
    33  motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
    34  theft and insurance fraud account (22801), to the general fund.
    35    13.  $14,400,000  from  the  general fund to the miscellaneous special
    36  revenue fund, criminal justice improvement account (21945).
    37    14. $2,000,000 from the general  fund  to  the  miscellaneous  special
    38  revenue fund, hazard mitigation revolving loan account.
    39    15. Up to $114,000,000 from the indigent legal services fund, indigent
    40  legal services account (23551) to the general fund.
    41    Transportation:
    42    1.  $20,000,000 from the general fund to the mass transportation oper-
    43  ating assistance fund, public transportation systems  operating  assist-
    44  ance account (21401), of which $12,000,000 constitutes the base need for
    45  operations.
    46    2.  $727,500,000  from  the  general fund to the dedicated highway and
    47  bridge trust fund (30050).
    48    3. $244,250,000 from the general fund to the MTA financial  assistance
    49  fund, mobility tax trust account (23651).
    50    4. $5,000,000 from the miscellaneous special revenue fund, transporta-
    51  tion  regulation  account  (22067)  to  the dedicated highway and bridge
    52  trust fund (30050), for disbursements made  from  such  fund  for  motor
    53  carrier  safety that are in excess of the amounts deposited in the dedi-
    54  cated highway and bridge trust fund (30050) for such purpose pursuant to
    55  section 94 of the transportation law.

        S. 4006--C                         91                         A. 3006--C
 
     1    5. $477,000 from the miscellaneous special revenue fund, traffic adju-
     2  dication account (22055), to the general fund.
     3    6. $5,000,000 from the miscellaneous special revenue fund, transporta-
     4  tion  regulation  account (22067) to the general fund, for disbursements
     5  made from such fund for motor carrier safety that are in excess  of  the
     6  amounts  deposited  in  the  general  fund  for such purpose pursuant to
     7  section 94 of the transportation law.
     8    Miscellaneous:
     9    1. $250,000,000 from the general fund to any funds or accounts for the
    10  purpose of reimbursing certain outstanding accounts receivable balances.
    11    2. $500,000,000 from the general fund to the  debt  reduction  reserve
    12  fund (40000).
    13    3.  $450,000,000  from  the New York state storm recovery capital fund
    14  (33000) to the revenue bond tax fund (40152).
    15    4. $15,500,000 from the general fund, community  projects  account  GG
    16  (10256), to the general fund, state purposes account (10050).
    17    5.  $100,000,000  from any special revenue federal fund to the general
    18  fund, state purposes account (10050).
    19    6. $8,250,000,000 from the special revenue federal  fund,  ARPA-Fiscal
    20  Recovery  Fund  (25546)  to  the  general  fund,  state purposes account
    21  (10050) to cover eligible costs incurred by the state.
    22    § 3. Notwithstanding any law to the contrary, and in  accordance  with
    23  section 4 of the state finance law, the comptroller is hereby authorized
    24  and directed to transfer, on or before March 31, 2024:
    25    1.  Upon request of the commissioner of environmental conservation, up
    26  to $12,745,400 from revenues credited to any of the department of  envi-
    27  ronmental  conservation special revenue funds, including $4,000,000 from
    28  the environmental protection and oil spill  compensation  fund  (21200),
    29  and  $1,834,600 from the conservation fund (21150), to the environmental
    30  conservation special revenue fund, indirect charges account (21060).
    31    2. Upon request of the commissioner of agriculture and markets, up  to
    32  $3,000,000  from  any special revenue fund or enterprise fund within the
    33  department of agriculture and markets to the general fund, to pay appro-
    34  priate administrative expenses.
    35    3. Upon request of the commissioner of the  division  of  housing  and
    36  community  renewal, up to $6,221,000 from revenues credited to any divi-
    37  sion of housing and community renewal federal or  miscellaneous  special
    38  revenue fund to the miscellaneous special revenue fund, housing indirect
    39  cost recovery account (22090).
    40    4.  Upon  request  of  the commissioner of the division of housing and
    41  community renewal, up to $5,500,000 may be transferred from any  miscel-
    42  laneous  special  revenue  fund  account,  to  any miscellaneous special
    43  revenue fund.
    44    5. Upon request of the commissioner of health up to  $13,694,000  from
    45  revenues  credited  to any of the department of health's special revenue
    46  funds, to the miscellaneous special revenue fund, administration account
    47  (21982).
    48    6. Upon the request of the attorney general,  up  to  $4,000,000  from
    49  revenues credited to the federal health and human services fund, federal
    50  health  and  human services account (25117) or the miscellaneous special
    51  revenue fund, recoveries and revenue account (22041), to  the  miscella-
    52  neous  special  revenue  fund,  litigation settlement and civil recovery
    53  account (22117).
    54    § 4. On or before March 31, 2024, the comptroller is hereby authorized
    55  and directed to deposit earnings that  would  otherwise  accrue  to  the
    56  general  fund  that are attributable to the operation of section 98-a of

        S. 4006--C                         92                         A. 3006--C
 
     1  the state finance law, to the agencies internal  service  fund,  banking
     2  services  account  (55057),  for  the purpose of meeting direct payments
     3  from such account.
     4    §  5.  Notwithstanding  any law to the contrary, upon the direction of
     5  the director of the budget and upon requisition by the state  university
     6  of  New  York,  the  dormitory  authority  of  the  state of New York is
     7  directed to transfer, up to $22,000,000 in revenues generated  from  the
     8  sale of notes or bonds, the state university income fund general revenue
     9  account  (22653)  for  reimbursement  of  bondable equipment for further
    10  transfer to the state's general fund.
    11    § 6. Notwithstanding any law to the contrary, and in  accordance  with
    12  section 4 of the state finance law, the comptroller is hereby authorized
    13  and directed to transfer, upon request of the director of the budget and
    14  upon  consultation  with  the  state university chancellor or his or her
    15  designee, on or before March 31, 2024, up to $16,000,000 from the  state
    16  university  income  fund  general  revenue  account (22653) to the state
    17  general fund for debt service costs related to campus supported  capital
    18  project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
    19  University at Buffalo.
    20    § 7. Notwithstanding any law to the contrary, and in  accordance  with
    21  section 4 of the state finance law, the comptroller is hereby authorized
    22  and directed to transfer, upon request of the director of the budget and
    23  upon  consultation  with  the  state university chancellor or his or her
    24  designee, on or before March 31, 2024, up to $6,500,000 from  the  state
    25  university  income  fund  general  revenue  account (22653) to the state
    26  general fund for debt service costs related to campus supported  capital
    27  project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
    28  University at Albany.
    29    § 8. Notwithstanding any law to the  contrary,  the  state  university
    30  chancellor or his or her designee is authorized and directed to transfer
    31  estimated  tuition revenue balances from the state university collection
    32  fund (61000) to the  state  university  income  fund,  state  university
    33  general revenue offset account (22655) on or before March 31, 2024.
    34    §  9.  Notwithstanding any law to the contrary, and in accordance with
    35  section 4 of the state finance law, the comptroller is hereby authorized
    36  and directed to transfer, upon request of the director of the budget, up
    37  to $1,335,239,500 from the general fund to the state  university  income
    38  fund, state university general revenue offset account (22655) during the
    39  period  of  July  1, 2023 through June 30, 2024 to support operations at
    40  the state university.
    41    § 10. Notwithstanding any law to the contrary, and in accordance  with
    42  section 4 of the state finance law, the comptroller is hereby authorized
    43  and directed to transfer, upon request of the director of the budget, up
    44  to  $48,966,000  from  the  general  fund to the state university income
    45  fund, state university general revenue offset account (22655) during the
    46  period of July 1, 2023 to June  30,  2024  for  general  fund  operating
    47  support  pursuant  to subparagraph (4-b) of paragraph h of subdivision 2
    48  of section three hundred fifty-five of the education law.
    49    § 11. Notwithstanding any law to the contrary, and in accordance  with
    50  section 4 of the state finance law, the comptroller is hereby authorized
    51  and directed to transfer, upon request of the director of the budget, up
    52  to  $20,000,000  from  the  general  fund to the state university income
    53  fund, state university general revenue offset account (22655) during the
    54  period of July 1, 2023 to June 30, 2024 to fully fund the tuition credit
    55  pursuant to subdivision two of section six hundred sixty-nine-h  of  the
    56  education law.

        S. 4006--C                         93                         A. 3006--C
 
     1    §  12. Notwithstanding any law to the contrary, and in accordance with
     2  section 4 of the state finance law, the comptroller is hereby authorized
     3  and directed to transfer, upon request of the state university  chancel-
     4  lor  or his or her designee, up to $55,000,000 from the state university
     5  income  fund,  state  university  hospitals  income reimbursable account
     6  (22656), for services and expenses of hospital  operations  and  capital
     7  expenditures at the state university hospitals; and the state university
     8  income  fund,  Long  Island  veterans' home account (22652) to the state
     9  university capital projects fund (32400) on or before June 30, 2024.
    10    § 13. Notwithstanding any law to the contrary, and in accordance  with
    11  section  4 of the state finance law, the comptroller, after consultation
    12  with the state university chancellor or his or her designee,  is  hereby
    13  authorized  and directed to transfer moneys, in the first instance, from
    14  the state university collection fund, Stony  Brook  hospital  collection
    15  account (61006), Brooklyn hospital collection account (61007), and Syra-
    16  cuse  hospital collection account (61008) to the state university income
    17  fund, state university hospitals income reimbursable account (22656)  in
    18  the  event  insufficient  funds  are  available  in the state university
    19  income fund, state  university  hospitals  income  reimbursable  account
    20  (22656)  to  permit the full transfer of moneys authorized for transfer,
    21  to the general fund for payment of debt  service  related  to  the  SUNY
    22  hospitals.  Notwithstanding  any law to the contrary, the comptroller is
    23  also hereby authorized and directed, after consultation with  the  state
    24  university  chancellor  or  his or her designee, to transfer moneys from
    25  the state university income fund to the state  university  income  fund,
    26  state  university  hospitals  income reimbursable account (22656) in the
    27  event insufficient funds are available in the  state  university  income
    28  fund,  state university hospitals income reimbursable account (22656) to
    29  pay hospital operating costs or to permit the full  transfer  of  moneys
    30  authorized for transfer, to the general fund for payment of debt service
    31  related to the SUNY hospitals on or before March 31, 2024.
    32    §  14.  Notwithstanding any law to the contrary, upon the direction of
    33  the director of the budget and the chancellor of the state university of
    34  New York or his or her designee, and in accordance with section 4 of the
    35  state finance law, the comptroller is hereby authorized and directed  to
    36  transfer  monies from the state university dormitory income fund (40350)
    37  to the state university residence hall rehabilitation fund (30100),  and
    38  from  the state university residence hall rehabilitation fund (30100) to
    39  the state university dormitory income fund (40350), in an amount not  to
    40  exceed $100 million from each fund.
    41    §  15. Notwithstanding any law to the contrary, and in accordance with
    42  section 4 of the state finance law, the comptroller is hereby authorized
    43  and directed to transfer, at the request of the director of the  budget,
    44  up  to $700 million from the unencumbered balance of any special revenue
    45  fund or account, agency  fund  or  account,  internal  service  fund  or
    46  account,  enterprise  fund  or account, or any combination of such funds
    47  and accounts, to the general fund. The amounts transferred  pursuant  to
    48  this authorization shall be in addition to any other transfers expressly
    49  authorized  in  the  2023-24  budget. Transfers from federal funds, debt
    50  service funds, capital projects funds, the community projects  fund,  or
    51  funds  that would result in the loss of eligibility for federal benefits
    52  or federal funds pursuant to federal law, rule, or regulation as assent-
    53  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
    54  1951 are not permitted pursuant to this authorization.
    55    §  16. Notwithstanding any law to the contrary, and in accordance with
    56  section 4 of the state finance law, the comptroller is hereby authorized

        S. 4006--C                         94                         A. 3006--C
 
     1  and directed to transfer, at the request of the director of the  budget,
     2  up  to $100 million from any non-general fund or account, or combination
     3  of funds and accounts, to the miscellaneous special revenue fund,  tech-
     4  nology  financing  account  (22207),  the miscellaneous capital projects
     5  fund, the federal capital projects account (31350), information technol-
     6  ogy capital financing account (32215),  or  the  centralized  technology
     7  services  account  (55069),  for the purpose of consolidating technology
     8  procurement and services. The amounts transferred to  the  miscellaneous
     9  special  revenue  fund, technology financing account (22207) pursuant to
    10  this authorization shall be equal to or less than  the  amount  of  such
    11  monies  intended  to  support  information  technology  costs  which are
    12  attributable, according to a plan, to such account made in pursuance  to
    13  an  appropriation  by law. Transfers to the technology financing account
    14  shall be completed  from  amounts  collected  by  non-general  funds  or
    15  accounts  pursuant  to a fund deposit schedule or permanent statute, and
    16  shall be transferred to the technology financing account pursuant  to  a
    17  schedule agreed upon by the affected agency commissioner. Transfers from
    18  funds  that would result in the loss of eligibility for federal benefits
    19  or federal funds pursuant to federal law, rule, or regulation as assent-
    20  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
    21  1951 are not permitted pursuant to this authorization.
    22    §  17. Notwithstanding any law to the contrary, and in accordance with
    23  section 4 of the state finance law, the comptroller is hereby authorized
    24  and directed to transfer, at the request of the director of the  budget,
    25  up  to $400 million from any non-general fund or account, or combination
    26  of funds and accounts, to the general fund for the  purpose  of  consol-
    27  idating  technology  procurement  and  services. The amounts transferred
    28  pursuant to this authorization shall be equal to or less than the amount
    29  of such monies intended to support information  technology  costs  which
    30  are attributable, according to a plan, to such account made in pursuance
    31  to  an  appropriation  by  law.  Transfers  to the general fund shall be
    32  completed from amounts collected by non-general funds or accounts pursu-
    33  ant to a fund deposit schedule.  Transfers from funds that would  result
    34  in  the loss of eligibility for federal benefits or federal funds pursu-
    35  ant to federal law, rule, or regulation as assented to in chapter 683 of
    36  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
    37  pursuant to this authorization.
    38    §  18. Notwithstanding any provision of law to the contrary, as deemed
    39  feasible and advisable by its trustees, the power authority of the state
    40  of New York is authorized and directed to transfer to the state treasury
    41  to the credit of the general fund up to $20,000,000 for the state fiscal
    42  year commencing April 1, 2023, the proceeds of which will be utilized to
    43  support energy-related state activities.
    44    § 19. Notwithstanding any provision of law, rule or regulation to  the
    45  contrary,  the  New York state energy research and development authority
    46  is authorized and directed to contribute $913,000 to the state  treasury
    47  to the credit of the general fund on or before March 31, 2024.
    48    §  20. Notwithstanding any provision of law, rule or regulation to the
    49  contrary, the New York state energy research and  development  authority
    50  is authorized and directed to transfer five million dollars to the cred-
    51  it of the Environmental Protection Fund on or before March 31, 2024 from
    52  proceeds  collected  by the authority from the auction or sale of carbon
    53  dioxide emission allowances allocated by the department of environmental
    54  conservation.

        S. 4006--C                         95                         A. 3006--C
 
     1    § 21. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
     2  amended  by section 21 of part FFF of chapter 56 of the laws of 2022, is
     3  amended to read as follows:
     4    5. Notwithstanding the provisions of section one hundred seventy-one-a
     5  of  the  tax law, as separately amended by chapters four hundred eighty-
     6  one and four hundred eighty-four of the laws of nineteen hundred  eight-
     7  y-one,  and notwithstanding the provisions of chapter ninety-four of the
     8  laws of two thousand eleven, or any  other  provisions  of  law  to  the
     9  contrary,  during  the  fiscal  year beginning April first, two thousand
    10  [twenty-two] twenty-three, the state comptroller  is  hereby  authorized
    11  and  directed  to  deposit  to the fund created pursuant to this section
    12  from amounts collected pursuant to article twenty-two of the tax law and
    13  pursuant to a schedule submitted by the director of the  budget,  up  to
    14  [$1,830,985,000,] $1,716,913,000 as may be certified in such schedule as
    15  necessary  to  meet the purposes of such fund for the fiscal year begin-
    16  ning April first, two thousand [twenty-two] twenty-three.
    17    § 22. Notwithstanding any law to  the  contrary,  the  comptroller  is
    18  hereby authorized and directed to transfer, upon request of the director
    19  of  the  budget, on or before March 31, 2024, the following amounts from
    20  the following special revenue accounts  to  the  capital  projects  fund
    21  (30000),  for  the  purposes  of reimbursement to such fund for expenses
    22  related to the maintenance and preservation of state assets:
    23    1. $43,000 from the miscellaneous special revenue fund, administrative
    24  program account (21982).
    25    2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
    26  hospital account (22140).
    27    3. $456,000 from the miscellaneous special revenue fund, New York city
    28  veterans' home account (22141).
    29    4. $570,000 from the miscellaneous  special  revenue  fund,  New  York
    30  state home for veterans' and their dependents at oxford account (22142).
    31    5.  $170,000  from the miscellaneous special revenue fund, western New
    32  York veterans' home account (22143).
    33    6. $323,000 from the miscellaneous  special  revenue  fund,  New  York
    34  state for veterans in the lower-hudson valley account (22144).
    35    7.  $2,550,000  from  the  miscellaneous  special revenue fund, patron
    36  services account (22163).
    37    8. $9,016,000 from  the  miscellaneous  special  revenue  fund,  state
    38  university general income reimbursable account (22653).
    39    9.  $142,782,000  from  the  miscellaneous special revenue fund, state
    40  university revenue offset account (22655).
    41    10. $51,897,000 from the state university dormitory income fund, state
    42  university dormitory income fund (40350).
    43    11. $1,000,000 from the miscellaneous special revenue fund, litigation
    44  settlement and civil recovery account (22117).
    45    § 23. Section 60 of part FFF of chapter  56    of  the  laws  of  2022
    46  providing  for  the administration of certain funds and accounts related
    47  to the 2022-2023 budget, is amended to read as follows:
    48    § 60. This act shall take effect immediately and shall  be  deemed  to
    49  have been in full force and effect on and after April 1, 2022; provided,
    50  however,  that  the provisions of sections one, one-a, two, three, four,
    51  five, six, seven, eight, thirteen, fourteen,  fifteen,  sixteen,  seven-
    52  teen,  eighteen,  nineteen, twenty[,] and twenty-two[, and twenty-three]
    53  of this act shall  expire  March  31,  2023  when  upon  such  date  the
    54  provisions of such sections shall be deemed repealed; provided, further,
    55  that  the  amendments  to  section 89-h of the state finance law made by
    56  section twenty-eight of this act shall not affect  the  repeal  of  such

        S. 4006--C                         96                         A. 3006--C
 
     1  section  and  shall be deemed repealed therewith; and provided, further,
     2  that section twenty-eight-a of this act shall expire March 31, 2027; and
     3  provided, further, that section twenty-three of this  act  shall  expire
     4  March 31, 2028.
     5    §  24. Subdivision 5 of section 183 of the military law, as amended by
     6  section 2 of part O of chapter 55 of the laws of  2018,  is  amended  to
     7  read as follows:
     8    5.  All moneys paid as rent as provided in this section, together with
     9  all sums paid to cover expenses of heating and lighting, shall be trans-
    10  mitted by the officer in charge and control of the  armory  through  the
    11  adjutant  general  to  the  state  treasury for deposit to the [agencies
    12  enterprise fund] miscellaneous special revenue fund - 339 armory  rental
    13  account.
    14    §  25.  Subdivision  2  of  section 92-cc of the state finance law, as
    15  amended by section 26 of part FFF of chapter 56 of the laws of 2022,  is
    16  amended to read as follows:
    17    2.  Such  fund  shall  have  a maximum balance not to exceed [fifteen]
    18  twenty-five per centum of the aggregate amount projected to be disbursed
    19  from the general fund during [the fiscal year immediately following] the
    20  then-current fiscal year. At the request of the director of the  budget,
    21  the  state  comptroller  shall  transfer monies to the rainy day reserve
    22  fund up to and including an amount equivalent  to  [three]  fifteen  per
    23  centum of the aggregate amount projected to be disbursed from the gener-
    24  al  fund during the then-current fiscal year, unless such transfer would
    25  increase the rainy day reserve fund to an amount in excess of  [fifteen]
    26  twenty-five per centum of the aggregate amount projected to be disbursed
    27  from the general fund during the [fiscal year immediately following the]
    28  then-current  fiscal year, in which event such transfer shall be limited
    29  to such amount as will increase the  rainy  day  reserve  fund  to  such
    30  [fifteen] twenty-five per centum limitation.
    31    §  26.  Notwithstanding  any  other  law,  rule,  or regulation to the
    32  contrary, the state comptroller is hereby authorized and directed to use
    33  any balance remaining in the mental health services  fund  debt  service
    34  appropriation, after payment by the state comptroller of all obligations
    35  required pursuant to any lease, sublease, or other financing arrangement
    36  between the dormitory authority of the state of New York as successor to
    37  the  New  York  state  medical  care  facilities finance agency, and the
    38  facilities development corporation pursuant to chapter 83 of the laws of
    39  1995 and the department of mental hygiene  for  the  purpose  of  making
    40  payments  to  the  dormitory  authority of the state of New York for the
    41  amount of the earnings for the investment of  monies  deposited  in  the
    42  mental health services fund that such agency determines will or may have
    43  to  be  rebated  to the federal government pursuant to the provisions of
    44  the internal revenue code of 1986, as amended, in order to  enable  such
    45  agency  to  maintain  the  exemption from federal income taxation on the
    46  interest paid to the holders of such agency's mental services facilities
    47  improvement revenue bonds. Annually on or before each  June  30th,  such
    48  agency  shall  certify to the state comptroller its determination of the
    49  amounts received in the mental health services fund as a result  of  the
    50  investment  of  monies  deposited  therein  that  will or may have to be
    51  rebated to the federal government pursuant  to  the  provisions  of  the
    52  internal revenue code of 1986, as amended.
    53    § 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    54  of  1997,  relating  to  the  financing  of  the correctional facilities
    55  improvement fund and the youth facility improvement fund, as amended  by

        S. 4006--C                         97                         A. 3006--C
 
     1  section  30 of part FFF of chapter 56 of the laws of 2022, is amended to
     2  read as follows:
     3    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
     4  notwithstanding the provisions of section 18 of section 1 of chapter 174
     5  of the laws of 1968, the New York state urban development corporation is
     6  hereby authorized to issue bonds, notes  and  other  obligations  in  an
     7  aggregate  principal amount not to exceed [nine billion five hundred two
     8  million seven hundred thirty-nine thousand dollars $9,502,739,000]  nine
     9  billion  eight hundred sixty-five million eight hundred fifty-nine thou-
    10  sand dollars $9,865,859,000, and shall  include  all  bonds,  notes  and
    11  other  obligations issued pursuant to chapter 56 of the laws of 1983, as
    12  amended or supplemented. The proceeds of  such  bonds,  notes  or  other
    13  obligations  shall be paid to the state, for deposit in the correctional
    14  facilities capital improvement fund to pay for all or any portion of the
    15  amount or amounts paid by the state from appropriations  or  reappropri-
    16  ations  made  to the department of corrections and community supervision
    17  from the correctional facilities capital improvement  fund  for  capital
    18  projects.  The  aggregate  amount  of  bonds, notes or other obligations
    19  authorized to be issued pursuant to this section  shall  exclude  bonds,
    20  notes  or  other  obligations issued to refund or otherwise repay bonds,
    21  notes or other obligations theretofore issued,  the  proceeds  of  which
    22  were  paid  to the state for all or a portion of the amounts expended by
    23  the state from appropriations or reappropriations made to the department
    24  of corrections and community supervision; provided, however,  that  upon
    25  any  such refunding or repayment the total aggregate principal amount of
    26  outstanding bonds, notes or other obligations may be greater than  [nine
    27  billion  five  hundred  two  million  seven hundred thirty-nine thousand
    28  dollars $9,502,739,000] nine billion eight  hundred  sixty-five  million
    29  eight  hundred  fifty-nine  thousand dollars $9,865,859,000, only if the
    30  present value of the aggregate debt service of the refunding  or  repay-
    31  ment bonds, notes or other obligations to be issued shall not exceed the
    32  present value of the aggregate debt service of the bonds, notes or other
    33  obligations  so  to  be refunded or repaid. For the purposes hereof, the
    34  present value of the aggregate debt service of the refunding  or  repay-
    35  ment bonds, notes or other obligations and of the aggregate debt service
    36  of the bonds, notes or other obligations so refunded or repaid, shall be
    37  calculated  by utilizing the effective interest rate of the refunding or
    38  repayment bonds, notes or other obligations, which shall  be  that  rate
    39  arrived  at  by doubling the semi-annual interest rate (compounded semi-
    40  annually) necessary to discount the debt service payments on the refund-
    41  ing or repayment bonds, notes or  other  obligations  from  the  payment
    42  dates  thereof to the date of issue of the refunding or repayment bonds,
    43  notes or other obligations and to  the  price  bid  including  estimated
    44  accrued interest or proceeds received by the corporation including esti-
    45  mated accrued interest from the sale thereof.
    46    §  28.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
    47  laws of 2005, relating to providing for the  administration  of  certain
    48  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
    49  section  31 of part FFF of chapter 56 of the laws of 2022, is amended to
    50  read as follows:
    51    (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
    52  notwithstanding  any provisions of law to the contrary, the urban devel-
    53  opment corporation is hereby authorized to issue bonds or notes  in  one
    54  or  more  series  in  an  aggregate principal amount not to exceed [four
    55  hundred twenty-six million one hundred  thousand  dollars  $426,100,000]
    56  five   hundred   thirty-eight   million  one  hundred  thousand  dollars

        S. 4006--C                         98                         A. 3006--C
 
     1  $538,100,000, excluding bonds issued to finance one or more debt service
     2  reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
     3  notes issued to refund or otherwise repay such bonds or notes previously
     4  issued,  for  the  purpose  of  financing  capital projects including IT
     5  initiatives for the division of state police, debt service  and  leases;
     6  and to reimburse the state general fund for disbursements made therefor.
     7  Such  bonds  and  notes of such authorized issuer shall not be a debt of
     8  the state, and the state shall not be liable thereon, nor shall they  be
     9  payable  out  of any funds other than those appropriated by the state to
    10  such authorized issuer for debt service and related expenses pursuant to
    11  any service contract  executed  pursuant  to  subdivision  (b)  of  this
    12  section  and  such  bonds  and notes shall contain on the face thereof a
    13  statement to such effect. Except for  purposes  of  complying  with  the
    14  internal revenue code, any interest income earned on bond proceeds shall
    15  only be used to pay debt service on such bonds.
    16    §  29.  Subdivision 3 of section 1285-p of the public authorities law,
    17  as amended by section 32 of part FFF of chapter 56 of the laws of  2022,
    18  is amended to read as follows:
    19    3.  The  maximum amount of bonds that may be issued for the purpose of
    20  financing  environmental  infrastructure  projects  authorized  by  this
    21  section  shall  be  [eight  billion  one hundred seventy-one million one
    22  hundred ten thousand dollars $8,171,110,000] nine billion three  hundred
    23  thirty-five  million  seven hundred ten thousand dollars $9,335,710,000,
    24  exclusive of bonds issued to fund any debt service  reserve  funds,  pay
    25  costs  of issuance of such bonds, and bonds or notes issued to refund or
    26  otherwise repay bonds or notes previously issued. Such bonds  and  notes
    27  of the corporation shall not be a debt of the state, and the state shall
    28  not  be liable thereon, nor shall they be payable out of any funds other
    29  than those appropriated by the state to the corporation for debt service
    30  and related expenses pursuant to any service contracts executed pursuant
    31  to subdivision one of this section,  and  such  bonds  and  notes  shall
    32  contain on the face thereof a statement to such effect.
    33    §  30.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
    34  laws of 2002, relating to providing for the  administration  of  certain
    35  funds  and  accounts  related  to  the  2002-2003  budget, as amended by
    36  section 33 of part FFF of chapter 56 of the laws of 2022, is amended  to
    37  read as follows:
    38    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
    39  notwithstanding the provisions of section 18 of  the  urban  development
    40  corporation  act, the corporation is hereby authorized to issue bonds or
    41  notes in one or more series in an  aggregate  principal  amount  not  to
    42  exceed [three hundred eighty-three million five hundred thousand dollars
    43  $383,500,000]  five  hundred  one  million five hundred thousand dollars
    44  $501,500,000, excluding bonds issued to fund one or  more  debt  service
    45  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
    46  notes issued to refund or otherwise repay such bonds or notes previously
    47  issued, for the purpose of financing capital costs related  to  homeland
    48  security  and  training facilities for the division of state police, the
    49  division of military and naval affairs,  and  any  other  state  agency,
    50  including  the  reimbursement  of  any disbursements made from the state
    51  capital projects fund, and is hereby authorized to issue bonds or  notes
    52  in  one  or  more  series in an aggregate principal amount not to exceed
    53  [one billion six hundred four million nine hundred  eighty-six  thousand
    54  dollars  $1,604,986,000]  one  billion  seven  hundred  thirteen million
    55  eighty-six thousand dollars $1,713,086,000, excluding  bonds  issued  to
    56  fund one or more debt service reserve funds, to pay costs of issuance of

        S. 4006--C                         99                         A. 3006--C
 
     1  such  bonds, and bonds or notes issued to refund or otherwise repay such
     2  bonds or notes previously issued, for the purpose of financing  improve-
     3  ments  to State office buildings and other facilities located statewide,
     4  including  the  reimbursement  of  any disbursements made from the state
     5  capital projects fund. Such bonds and notes of the corporation shall not
     6  be a debt of the state, and the state shall not be liable  thereon,  nor
     7  shall  they be payable out of any funds other than those appropriated by
     8  the state to the corporation  for  debt  service  and  related  expenses
     9  pursuant  to  any service contracts executed pursuant to subdivision (b)
    10  of this section, and such bonds and notes  shall  contain  on  the  face
    11  thereof a statement to such effect.
    12    §  31.  Paragraph  (c) of subdivision 19 of section 1680 of the public
    13  authorities law, as amended by section 34 of part FFF of chapter  56  of
    14  the laws of 2022, is amended to read as follows:
    15    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    16  thousand,  the  dormitory  authority shall not issue any bonds for state
    17  university educational facilities purposes if the  principal  amount  of
    18  bonds to be issued when added to the aggregate principal amount of bonds
    19  issued  by  the  dormitory  authority  on and after July first, nineteen
    20  hundred eighty-eight for state university  educational  facilities  will
    21  exceed  [sixteen  billion six hundred eleven million five hundred sixty-
    22  four thousand dollars $16,611,564,000] eighteen billion one hundred  ten
    23  million   nine  hundred  sixty-four  thousand  dollars  $18,110,964,000;
    24  provided, however, that bonds issued or to be issued shall  be  excluded
    25  from  such  limitation  if:    (1) such bonds are issued to refund state
    26  university construction bonds and state  university  construction  notes
    27  previously  issued  by the housing finance agency; or (2) such bonds are
    28  issued to refund bonds of the authority or other obligations issued  for
    29  state  university  educational facilities purposes and the present value
    30  of the aggregate debt service on the refunding bonds does not exceed the
    31  present value of the aggregate debt service on the bonds refunded there-
    32  by; provided, further that upon certification by  the  director  of  the
    33  budget  that the issuance of refunding bonds or other obligations issued
    34  between April first, nineteen hundred ninety-two and March thirty-first,
    35  nineteen hundred ninety-three will generate long term economic  benefits
    36  to  the  state, as assessed on a present value basis, such issuance will
    37  be deemed to have met the present value test noted above.  For  purposes
    38  of  this subdivision, the present value of the aggregate debt service of
    39  the refunding  bonds  and  the  aggregate  debt  service  of  the  bonds
    40  refunded, shall be calculated by utilizing the true interest cost of the
    41  refunding  bonds,  which  shall  be that rate arrived at by doubling the
    42  semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
    43  discount  the  debt  service  payments  on  the refunding bonds from the
    44  payment dates thereof to the date of issue of the refunding bonds to the
    45  purchase price of the refunding bonds, including interest accrued there-
    46  on prior to the issuance thereof. The maturity of such bonds, other than
    47  bonds issued to refund outstanding bonds, shall not exceed the  weighted
    48  average economic life, as certified by the state university construction
    49  fund,  of  the facilities in connection with which the bonds are issued,
    50  and in any case not later than the earlier of thirty years or the  expi-
    51  ration  of  the  term of any lease, sublease or other agreement relating
    52  thereto; provided that no note, including renewals thereof, shall mature
    53  later than five years after the date  of  issuance  of  such  note.  The
    54  legislature  reserves  the  right to amend or repeal such limit, and the
    55  state of New York, the dormitory authority, the state university of  New
    56  York,  and  the  state  university construction fund are prohibited from

        S. 4006--C                         100                        A. 3006--C
 
     1  covenanting or making any other agreements with or for  the  benefit  of
     2  bondholders which might in any way affect such right.
     3    §  32.  Paragraph  (c) of subdivision 14 of section 1680 of the public
     4  authorities law, as amended by section 35 of part FFF of chapter  56  of
     5  the laws of 2022, is amended to read as follows:
     6    (c) Subject to the provisions of chapter fifty-nine of the laws of two
     7  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
     8  bonds for city university community college facilities, except to refund
     9  or to be substituted for or in lieu of other bonds in relation  to  city
    10  university  community college facilities pursuant to a resolution of the
    11  dormitory authority adopted before July first, nineteen hundred  eighty-
    12  five  or any resolution supplemental thereto, if the principal amount of
    13  bonds so to be issued when added  to  all  principal  amounts  of  bonds
    14  previously  issued by the dormitory authority for city university commu-
    15  nity college facilities, except to refund or to be substituted  in  lieu
    16  of  other bonds in relation to city university community college facili-
    17  ties will exceed the sum of four hundred twenty-five million dollars and
    18  (ii) the dormitory authority shall not deliver a series of bonds  issued
    19  for  city university facilities, including community college facilities,
    20  pursuant to a resolution of the dormitory authority adopted on or  after
    21  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
    22  substituted for or in lieu of other bonds in relation to city university
    23  facilities and except for bonds issued pursuant to a resolution  supple-
    24  mental  to a resolution of the dormitory authority adopted prior to July
    25  first, nineteen hundred eighty-five, if the principal amount of bonds so
    26  to be issued when added to the  principal  amount  of  bonds  previously
    27  issued pursuant to any such resolution, except bonds issued to refund or
    28  to  be  substituted  for  or  in lieu of other bonds in relation to city
    29  university facilities, will exceed [ten billion two  hundred  fifty-four
    30  million  six hundred eighty-six thousand dollars $10,254,686,000] eleven
    31  billion three hundred fourteen million three hundred fifty-two  thousand
    32  dollars $11,314,352,000.  The legislature reserves the right to amend or
    33  repeal  such  limit, and the state of New York, the dormitory authority,
    34  the city university, and the fund are  prohibited  from  covenanting  or
    35  making any other agreements with or for the benefit of bondholders which
    36  might in any way affect such right.
    37    §  33. Subdivision 10-a of section 1680 of the public authorities law,
    38  as amended by section 36 of part FFF of chapter 56 of the laws of  2022,
    39  is amended to read as follows:
    40    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
    41  two thousand, but notwithstanding any other provision of the law to  the
    42  contrary, the maximum amount of bonds and notes to be issued after March
    43  thirty-first,  two  thousand two, on behalf of the state, in relation to
    44  any locally sponsored community  college,  shall  be  [one  billion  one
    45  hundred   twenty-three   million  one  hundred  forty  thousand  dollars
    46  $1,123,140,000]  one billion two hundred  twenty-seven  million  ninety-
    47  five thousand dollars $1,227,095,000.  Such amount shall be exclusive of
    48  bonds and notes issued to fund any reserve fund or funds, costs of issu-
    49  ance  and to refund any outstanding bonds and notes, issued on behalf of
    50  the state, relating to a locally sponsored community college.
    51    § 34. Subdivision 1 of section 17 of part D of chapter 389 of the laws
    52  of 1997, relating  to  the  financing  of  the  correctional  facilities
    53  improvement  fund and the youth facility improvement fund, as amended by
    54  section 37 of part FFF of chapter 56 of the laws of 2022, is amended  to
    55  read as follows:

        S. 4006--C                         101                        A. 3006--C
 
     1    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
     2  notwithstanding the provisions of section 18 of section 1 of chapter 174
     3  of the laws of 1968, the New York state urban development corporation is
     4  hereby authorized to issue bonds, notes  and  other  obligations  in  an
     5  aggregate principal amount not to exceed [nine hundred sixty-two million
     6  seven  hundred fifteen thousand dollars $962,715,000]  one billion four-
     7  teen million seven hundred thirty-five thousand dollars  $1,014,735,000,
     8  which  authorization  increases the aggregate principal amount of bonds,
     9  notes and other obligations authorized by section 40 of chapter  309  of
    10  the  laws  of  1996,  and shall include all bonds, notes and other obli-
    11  gations issued pursuant to chapter 211 of the laws of 1990,  as  amended
    12  or  supplemented. The proceeds of such bonds, notes or other obligations
    13  shall be paid to the state, for deposit in the youth facilities improve-
    14  ment fund or the capital projects fund, to pay for all or any portion of
    15  the amount or amounts paid by the state from appropriations or  reappro-
    16  priations  made  to  the office of children and family services from the
    17  youth facilities improvement fund for capital  projects.  The  aggregate
    18  amount  of  bonds,  notes  and other obligations authorized to be issued
    19  pursuant to this section shall exclude bonds, notes or other obligations
    20  issued to refund or otherwise repay bonds, notes  or  other  obligations
    21  theretofore issued, the proceeds of which were paid to the state for all
    22  or a portion of the amounts expended by the state from appropriations or
    23  reappropriations  made  to  the  office of children and family services;
    24  provided, however, that upon any such refunding or repayment  the  total
    25  aggregate  principal  amount  of outstanding bonds, notes or other obli-
    26  gations may be  greater  than  [nine  hundred  sixty-two  million  seven
    27  hundred  fifteen  thousand  dollars  $962,715,000]  one billion fourteen
    28  million seven hundred thirty-five thousand dollars $1,014,735,000,  only
    29  if  the  present value of the aggregate debt service of the refunding or
    30  repayment bonds, notes or other  obligations  to  be  issued  shall  not
    31  exceed  the  present  value  of the aggregate debt service of the bonds,
    32  notes or other obligations so to be refunded or repaid. For the purposes
    33  hereof, the present value of the aggregate debt service of the refunding
    34  or repayment bonds, notes or other obligations and of the aggregate debt
    35  service of the bonds, notes or other obligations so refunded or  repaid,
    36  shall  be  calculated  by  utilizing  the effective interest rate of the
    37  refunding or repayment bonds, notes or other obligations, which shall be
    38  that  rate  arrived  at  by  doubling  the  semi-annual  interest   rate
    39  (compounded  semi-annually)  necessary  to  discount  the  debt  service
    40  payments on the refunding or repayment bonds, notes or other obligations
    41  from the payment dates thereof to the date of issue of the refunding  or
    42  repayment bonds, notes or other obligations and to the price bid includ-
    43  ing  estimated  accrued interest or proceeds received by the corporation
    44  including estimated accrued interest from the sale thereof.
    45    § 35. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
    46  chapter 392 of the laws of 1973, constituting the New York state medical
    47  care facilities finance agency act, as amended by section 38 of part FFF
    48  of chapter 56 of the laws of 2022, is amended to read as follows:
    49    b.  The  agency shall have power and is hereby authorized from time to
    50  time to issue negotiable bonds and notes in conformity  with  applicable
    51  provisions  of  the uniform commercial code in such principal amount as,
    52  in the opinion of the agency, shall  be  necessary,  after  taking  into
    53  account  other moneys which may be available for the purpose, to provide
    54  sufficient funds to  the  facilities  development  corporation,  or  any
    55  successor agency, for the financing or refinancing of or for the design,
    56  construction, acquisition, reconstruction, rehabilitation or improvement

        S. 4006--C                         102                        A. 3006--C
 
     1  of  mental  health  services  facilities pursuant to paragraph a of this
     2  subdivision, the payment of interest on mental health services  improve-
     3  ment  bonds and mental health services improvement notes issued for such
     4  purposes,  the establishment of reserves to secure such bonds and notes,
     5  the cost or premium of bond insurance or  the  costs  of  any  financial
     6  mechanisms  which  may  be used to reduce the debt service that would be
     7  payable by the agency on its mental health services facilities  improve-
     8  ment  bonds  and notes and all other expenditures of the agency incident
     9  to and necessary or convenient to providing the  facilities  development
    10  corporation,  or  any  successor agency, with funds for the financing or
    11  refinancing of or for any such design, construction, acquisition, recon-
    12  struction, rehabilitation or improvement and for the refunding of mental
    13  hygiene improvement bonds issued pursuant to section 47-b of the private
    14  housing finance law; provided, however, that the agency shall not  issue
    15  mental  health  services  facilities improvement bonds and mental health
    16  services facilities improvement notes in an aggregate  principal  amount
    17  exceeding  [ten  billion  nine  hundred  forty-two million eight hundred
    18  thirty-three  thousand  dollars  $10,942,833,000]  twelve  billion  four
    19  hundred  eighteen  million  three  hundred thirty-seven thousand dollars
    20  $12,418,337,000, excluding mental health services facilities improvement
    21  bonds and mental health services facilities improvement notes issued  to
    22  refund  outstanding  mental health services facilities improvement bonds
    23  and mental  health  services  facilities  improvement  notes;  provided,
    24  however,  that  upon  any  such  refunding or repayment of mental health
    25  services facilities improvement  bonds  and/or  mental  health  services
    26  facilities  improvement  notes  the  total aggregate principal amount of
    27  outstanding mental health  services  facilities  improvement  bonds  and
    28  mental  health  facilities  improvement  notes  may be greater than [ten
    29  billion nine hundred forty-two million eight hundred thirty-three  thou-
    30  sand  dollars  $10,942,833,000]  twelve  billion  four  hundred eighteen
    31  million three hundred  thirty-seven  thousand  dollars  $12,418,337,000,
    32  only  if,  except  as hereinafter provided with respect to mental health
    33  services facilities bonds and mental health  services  facilities  notes
    34  issued  to  refund  mental  hygiene  improvement  bonds authorized to be
    35  issued pursuant to the provisions of section 47-b of the private housing
    36  finance law, the present value of the  aggregate  debt  service  of  the
    37  refunding  or  repayment bonds to be issued shall not exceed the present
    38  value of the aggregate debt service of  the  bonds  to  be  refunded  or
    39  repaid.  For  purposes  hereof, the present values of the aggregate debt
    40  service of the refunding or repayment bonds, notes or other  obligations
    41  and  of  the  aggregate  debt service of the bonds, notes or other obli-
    42  gations so refunded or repaid, shall  be  calculated  by  utilizing  the
    43  effective  interest  rate  of the refunding or repayment bonds, notes or
    44  other obligations, which shall be that rate arrived at by  doubling  the
    45  semi-annual   interest  rate  (compounded  semi-annually)  necessary  to
    46  discount the debt service payments on the refunding or repayment  bonds,
    47  notes or other obligations from the payment dates thereof to the date of
    48  issue  of  the  refunding or repayment bonds, notes or other obligations
    49  and to the price bid including estimated accrued  interest  or  proceeds
    50  received  by the authority including estimated accrued interest from the
    51  sale thereof. Such bonds, other than bonds issued to refund  outstanding
    52  bonds,  shall be scheduled to mature over a term not to exceed the aver-
    53  age useful life, as certified by the facilities development corporation,
    54  of the projects for which the bonds are issued, and in  any  case  shall
    55  not  exceed  thirty  years  and  the  maximum  maturity  of notes or any
    56  renewals thereof shall not exceed  five  years  from  the  date  of  the

        S. 4006--C                         103                        A. 3006--C
 
     1  original  issue  of  such  notes. Notwithstanding the provisions of this
     2  section, the agency shall have the power and  is  hereby  authorized  to
     3  issue  mental health services facilities improvement bonds and/or mental
     4  health  services  facilities  improvement  notes  to  refund outstanding
     5  mental hygiene improvement bonds authorized to be issued pursuant to the
     6  provisions of section 47-b of the private housing finance  law  and  the
     7  amount  of  bonds  issued  or outstanding for such purposes shall not be
     8  included for purposes of determining the amount of bonds issued pursuant
     9  to this section. The director of the budget shall allocate the aggregate
    10  principal authorized to be issued by the  agency  among  the  office  of
    11  mental  health,  office  for people with developmental disabilities, and
    12  the office of addiction services  and  supports,  in  consultation  with
    13  their respective commissioners to finance bondable appropriations previ-
    14  ously approved by the legislature.
    15    §  36.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
    16  laws of 2005, relating to providing for the  administration  of  certain
    17  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
    18  section 39 of part FFF of chapter 56 of the laws of 2022, is amended  to
    19  read as follows:
    20    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    21  notwithstanding any provisions of law  to  the  contrary,  one  or  more
    22  authorized  issuers  as defined by section 68-a of the state finance law
    23  are hereby authorized to issue bonds or notes in one or more  series  in
    24  an  aggregate  principal  amount not to exceed [one hundred ninety-seven
    25  million dollars $197,000,000] two hundred  forty-seven  million  dollars
    26  $247,000,000, excluding bonds issued to finance one or more debt service
    27  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
    28  notes issued to refund or otherwise repay such bonds or notes previously
    29  issued, for  the  purpose  of  financing  capital  projects  for  public
    30  protection  facilities  in  the  Division of Military and Naval Affairs,
    31  debt service and leases; and to reimburse the  state  general  fund  for
    32  disbursements  made  therefor.  Such  bonds and notes of such authorized
    33  issuer shall not be a debt of the state, and  the  state  shall  not  be
    34  liable  thereon,  nor  shall they be payable out of any funds other than
    35  those appropriated by the state  to  such  authorized  issuer  for  debt
    36  service  and  related expenses pursuant to any service contract executed
    37  pursuant to subdivision (b) of this section and  such  bonds  and  notes
    38  shall contain on the face thereof a statement to such effect. Except for
    39  purposes  of  complying  with  the  internal  revenue code, any interest
    40  income earned on bond proceeds shall only be used to pay debt service on
    41  such bonds.
    42    § 37. Section 53 of section 1 of chapter 174  of  the  laws  of  1968,
    43  constituting  the  New  York state urban development corporation act, as
    44  amended by section 40 of part FFF of chapter 56 of the laws of 2022,  is
    45  amended to read as follows:
    46    §  53.  1.  Notwithstanding  the  provisions  of  any other law to the
    47  contrary, the dormitory authority and the urban development  corporation
    48  are  hereby authorized to issue bonds or notes in one or more series for
    49  the purpose of funding project costs for the acquisition  of  equipment,
    50  including  but  not limited to the creation or modernization of informa-
    51  tion technology systems and related research and development  equipment,
    52  health and safety equipment, heavy equipment and machinery, the creation
    53  or  improvement  of security systems, and laboratory equipment and other
    54  state costs associated with such capital projects. The aggregate princi-
    55  pal amount of bonds authorized to be issued  pursuant  to  this  section
    56  shall   not   exceed   [three   hundred   ninety-three  million  dollars

        S. 4006--C                         104                        A. 3006--C

     1  $393,000,000] four hundred ninety-three  million  dollars  $493,000,000,
     2  excluding  bonds  issued to fund one or more debt service reserve funds,
     3  to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
     4  refund  or  otherwise  repay such bonds or notes previously issued. Such
     5  bonds and notes of the dormitory authority  and  the  urban  development
     6  corporation shall not be a debt of the state, and the state shall not be
     7  liable  thereon,  nor  shall they be payable out of any funds other than
     8  those appropriated by the state to the dormitory authority and the urban
     9  development corporation for principal, interest,  and  related  expenses
    10  pursuant to a service contract and such bonds and notes shall contain on
    11  the  face  thereof  a  statement  to such effect. Except for purposes of
    12  complying with the internal revenue code, any interest income earned  on
    13  bond proceeds shall only be used to pay debt service on such bonds.
    14    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    15  order to assist the dormitory authority and the urban development corpo-
    16  ration in undertaking the financing for project costs for  the  acquisi-
    17  tion  of equipment, including but not limited to the creation or modern-
    18  ization of information  technology  systems  and  related  research  and
    19  development  equipment, health and safety equipment, heavy equipment and
    20  machinery, the creation or improvement of security systems, and  labora-
    21  tory  equipment  and  other  state  costs  associated  with such capital
    22  projects, the director of the budget is hereby authorized to enter  into
    23  one or more service contracts with the dormitory authority and the urban
    24  development  corporation,  none  of  which  shall exceed thirty years in
    25  duration, upon such terms and conditions as the director of  the  budget
    26  and the dormitory authority and the urban development corporation agree,
    27  so  as  to  annually  provide  to  the dormitory authority and the urban
    28  development corporation, in the aggregate, a sum not to exceed the prin-
    29  cipal, interest, and related expenses required for such bonds and notes.
    30  Any service contract entered into pursuant to this section shall provide
    31  that the obligation of the state to  pay  the  amount  therein  provided
    32  shall  not  constitute  a  debt  of  the state within the meaning of any
    33  constitutional or statutory provision and shall be deemed executory only
    34  to the extent of  monies  available  and  that  no  liability  shall  be
    35  incurred  by  the  state  beyond  the monies available for such purpose,
    36  subject to annual appropriation by the legislature. Any such contract or
    37  any payments made or to be made thereunder may be assigned  and  pledged
    38  by  the  dormitory  authority  and  the urban development corporation as
    39  security for its bonds and notes, as authorized by this section.
    40    § 38. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
    41  1991,  amending  the  state  finance  law and other laws relating to the
    42  establishment of the dedicated highway and bridge trust fund, as amended
    43  by section 41 of part FFF of chapter 56 of the laws of 2022, is  amended
    44  to read as follows:
    45    (b) Any service contract or contracts for projects authorized pursuant
    46  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    47  14-k of the transportation law, and entered into pursuant to subdivision
    48  (a) of this section, shall provide  for  state  commitments  to  provide
    49  annually  to  the  thruway  authority a sum or sums, upon such terms and
    50  conditions as shall be deemed appropriate by the director of the budget,
    51  to fund, or fund the debt service requirements of any bonds or any obli-
    52  gations of the thruway authority issued to  fund  or  to  reimburse  the
    53  state for funding such projects having a cost not in excess of [thirteen
    54  billion  fifty-three  million  eight hundred eighty-one thousand dollars
    55  $13,053,881,000] thirteen billion nine hundred  forty-nine  million  two
    56  hundred thirty-four thousand dollars $13,949,234,000 cumulatively by the

        S. 4006--C                         105                        A. 3006--C
 
     1  end of fiscal year [2022-23] 2023-24.  For purposes of this subdivision,
     2  such projects shall be deemed to include capital grants to cities, towns
     3  and  villages  for  the reimbursement of eligible capital costs of local
     4  highway  and bridge projects within such municipality, where allocations
     5  to cities, towns and villages are based on the total number of New  York
     6  or United States or interstate signed touring route miles for which such
     7  municipality  has  capital  maintenance  responsibility,  and where such
     8  eligible capital costs include the costs of construction and  repair  of
     9  highways,  bridges, highway-railroad crossings, and other transportation
    10  facilities for projects with a service life of ten years or more.
    11    § 39. Subdivision 1 of section 1689-i of the public  authorities  law,
    12  as  amended by section 42 of part FFF of chapter 56 of the laws of 2022,
    13  is amended to read as follows:
    14    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
    15  request  of  the  commissioner of education, to finance eligible library
    16  construction projects pursuant to section two hundred seventy-three-a of
    17  the education law, in amounts certified  by  such  commissioner  not  to
    18  exceed  a  total principal amount of [three hundred thirty-three million
    19  dollars  $333,000,000]  three  hundred   sixty-seven   million   dollars
    20  $367,000,000.
    21    §  40.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
    22  constituting the New York state urban development  corporation  act,  as
    23  amended  by section 43 of part FFF of chapter 56 of the laws of 2022, is
    24  amended to read as follows:
    25    § 44. Issuance of certain  bonds  or  notes.  1.  Notwithstanding  the
    26  provisions of any other law to the contrary, the dormitory authority and
    27  the  corporation are hereby authorized to issue bonds or notes in one or
    28  more series for the purpose of funding project costs  for  the  regional
    29  economic  development  council  initiative,  the economic transformation
    30  program, state university of New York college for nanoscale and  science
    31  engineering,  projects  within  the city of Buffalo or surrounding envi-
    32  rons, the New York works economic development  fund,  projects  for  the
    33  retention of professional football in western New York, the empire state
    34  economic  development  fund,  the  clarkson-trudeau partnership, the New
    35  York genome center, the cornell university college of  veterinary  medi-
    36  cine,  the  olympic  regional  development  authority,  projects at nano
    37  Utica, onondaga county revitalization  projects,  Binghamton  university
    38  school of pharmacy, New York power electronics manufacturing consortium,
    39  regional  infrastructure  projects,  high  tech  innovation and economic
    40  development  infrastructure  program,  high   technology   manufacturing
    41  projects in Chautauqua and Erie county, an industrial scale research and
    42  development  facility  in  Clinton county, upstate revitalization initi-
    43  ative projects, downstate revitalization  initiative,  market  New  York
    44  projects,  fairground  buildings,  equipment or facilities used to house
    45  and promote agriculture, the state fair, the  empire  state  trail,  the
    46  moynihan  station  development  project, the Kingsbridge armory project,
    47  strategic economic development projects, the cultural, arts  and  public
    48  spaces  fund,  water  infrastructure  in  the city of Auburn and town of
    49  Owasco, a life sciences laboratory public  health  initiative,  not-for-
    50  profit  pounds, shelters and humane societies, arts and cultural facili-
    51  ties improvement program, restore  New  York's  communities  initiative,
    52  heavy  equipment,  economic  development  and  infrastructure  projects,
    53  Roosevelt Island operating corporation capital  projects,  Lake  Ontario
    54  regional  projects,  Pennsylvania  station  and  other transit projects,
    55  athletic facilities for professional football in Orchard Park, New  York
    56  and other state costs associated with such projects. The aggregate prin-

        S. 4006--C                         106                        A. 3006--C
 
     1  cipal  amount  of bonds authorized to be issued pursuant to this section
     2  shall not exceed [fourteen billion nine hundred sixty-eight million four
     3  hundred two thousand  dollars  $14,968,402,000]  seventeen  billion  six
     4  hundred   fifty-five   million   six   hundred   two   thousand  dollars
     5  $17,655,602,000, excluding bonds issued to fund one or more debt service
     6  reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
     7  notes issued to refund or otherwise repay such bonds or notes previously
     8  issued.  Such  bonds and notes of the dormitory authority and the corpo-
     9  ration shall not be a debt of the state, and  the  state  shall  not  be
    10  liable  thereon,  nor  shall they be payable out of any funds other than
    11  those appropriated by the state  to  the  dormitory  authority  and  the
    12  corporation  for principal, interest, and related expenses pursuant to a
    13  service contract and such bonds and notes  shall  contain  on  the  face
    14  thereof  a  statement  to  such effect. Except for purposes of complying
    15  with the internal revenue code,  any  interest  income  earned  on  bond
    16  proceeds shall only be used to pay debt service on such bonds.
    17    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    18  order to assist the dormitory authority and the corporation in undertak-
    19  ing the financing for project costs for the regional  economic  develop-
    20  ment  council  initiative,  the  economic  transformation program, state
    21  university of New York college for nanoscale  and  science  engineering,
    22  projects  within  the  city  of Buffalo or surrounding environs, the New
    23  York works economic development fund,  projects  for  the  retention  of
    24  professional  football  in  western  New York, the empire state economic
    25  development fund, the clarkson-trudeau partnership, the New York  genome
    26  center, the cornell university college of veterinary medicine, the olym-
    27  pic  regional  development  authority,  projects at nano Utica, onondaga
    28  county revitalization projects, Binghamton university school of  pharma-
    29  cy,  New  York  power  electronics  manufacturing  consortium,  regional
    30  infrastructure projects, New York State Capital Assistance  Program  for
    31  Transportation,  infrastructure,  and  economic  development,  high tech
    32  innovation and economic development infrastructure program,  high  tech-
    33  nology  manufacturing  projects in Chautauqua and Erie county, an indus-
    34  trial scale research and development facility in Clinton county, upstate
    35  revitalization initiative projects, downstate revitalization initiative,
    36  market New York projects, fairground buildings, equipment or  facilities
    37  used  to house and promote agriculture, the state fair, the empire state
    38  trail, the moynihan station development project, the Kingsbridge  armory
    39  project, strategic economic development projects, the cultural, arts and
    40  public  spaces fund, water infrastructure in the city of Auburn and town
    41  of Owasco, a life sciences laboratory public health initiative, not-for-
    42  profit pounds, shelters and humane societies, arts and cultural  facili-
    43  ties  improvement  program,  restore  New York's communities initiative,
    44  heavy  equipment,  economic  development  and  infrastructure  projects,
    45  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    46  regional projects, Pennsylvania  station  and  other  transit  projects,
    47  athletic  facilities for professional football in Orchard Park, New York
    48  and other state costs associated with such projects the director of  the
    49  budget  is hereby authorized to enter into one or more service contracts
    50  with the dormitory authority and the corporation, none  of  which  shall
    51  exceed  thirty  years in duration, upon such terms and conditions as the
    52  director of the budget and the dormitory authority and  the  corporation
    53  agree,  so  as  to  annually  provide to the dormitory authority and the
    54  corporation, in the aggregate, a sum not to exceed the principal, inter-
    55  est, and related expenses required for such bonds and notes. Any service
    56  contract entered into pursuant to this section shall  provide  that  the

        S. 4006--C                         107                        A. 3006--C
 
     1  obligation  of  the  state  to pay the amount therein provided shall not
     2  constitute a debt of the state within the meaning of any  constitutional
     3  or  statutory provision and shall be deemed executory only to the extent
     4  of monies available and that no liability shall be incurred by the state
     5  beyond  the  monies available for such purpose, subject to annual appro-
     6  priation by the legislature. Any such contract or any payments  made  or
     7  to  be  made  thereunder  may  be  assigned and pledged by the dormitory
     8  authority and the corporation as security for its bonds  and  notes,  as
     9  authorized by this section.
    10    § 41. Subdivision 1 of section 386-b of the public authorities law, as
    11  amended  by section 44 of part FFF of chapter 56 of the laws of 2022, is
    12  amended to read as follows:
    13    1. Notwithstanding any other provision of law  to  the  contrary,  the
    14  authority, the dormitory authority and the urban development corporation
    15  are  hereby authorized to issue bonds or notes in one or more series for
    16  the purpose of financing peace bridge  projects  and  capital  costs  of
    17  state and local highways, parkways, bridges, the New York state thruway,
    18  Indian reservation roads, and facilities, and transportation infrastruc-
    19  ture   projects   including  aviation  projects,  non-MTA  mass  transit
    20  projects, and rail service preservation projects, including work  appur-
    21  tenant  and  ancillary  thereto. The aggregate principal amount of bonds
    22  authorized to be issued pursuant to this section shall not  exceed  [ten
    23  billion  one hundred forty-seven million eight hundred sixty-three thou-
    24  sand dollars $10,147,863,000] twelve billion three hundred eight million
    25  three hundred eleven thousand dollars $12,308,311,000,  excluding  bonds
    26  issued  to  fund one or more debt service reserve funds, to pay costs of
    27  issuance of such bonds, and to refund or otherwise repay such  bonds  or
    28  notes  previously  issued.    Such bonds and notes of the authority, the
    29  dormitory authority and the urban development corporation shall not be a
    30  debt of the state, and the state shall not be liable thereon, nor  shall
    31  they  be  payable  out of any funds other than those appropriated by the
    32  state to the authority, the dormitory authority and the  urban  develop-
    33  ment  corporation for principal, interest, and related expenses pursuant
    34  to a service contract and such bonds and notes shall contain on the face
    35  thereof a statement to such effect. Except  for  purposes  of  complying
    36  with  the  internal  revenue  code,  any  interest income earned on bond
    37  proceeds shall only be used to pay debt service on such bonds.
    38    § 42. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
    39  housing  finance law, as amended by section 45 of part FFF of chapter 56
    40  of the laws of 2022, is amended to read as follows:
    41    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    42  thousand, in order to enhance and encourage  the  promotion  of  housing
    43  programs  and thereby achieve the stated purposes and objectives of such
    44  housing programs, the agency shall have the power and is hereby  author-
    45  ized  from  time  to  time to issue negotiable housing program bonds and
    46  notes in such principal amount as shall be necessary to  provide  suffi-
    47  cient  funds  for the repayment of amounts disbursed (and not previously
    48  reimbursed) pursuant to law or any prior year making  capital  appropri-
    49  ations  or  reappropriations  for  the  purposes of the housing program;
    50  provided, however, that the agency may issue such bonds and notes in  an
    51  aggregate  principal  amount  not exceeding [thirteen billion eighty-two
    52  million eight hundred ninety-one thousand dollars $13,082,891,000] thir-
    53  teen billion six hundred thirty-five million  four  hundred  twenty-five
    54  thousand  dollars  $13,635,425,000,  plus  a  principal  amount of bonds
    55  issued to fund the debt service reserve fund in accordance with the debt
    56  service reserve fund requirement established by the agency and  to  fund

        S. 4006--C                         108                        A. 3006--C
 
     1  any  other  reserves  that the agency reasonably deems necessary for the
     2  security or marketability of such bonds and to provide for  the  payment
     3  of   fees  and  other  charges  and  expenses,  including  underwriters'
     4  discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
     5  enhancement and liquidity enhancement related to the  issuance  of  such
     6  bonds  and  notes.  No  reserve  fund securing the housing program bonds
     7  shall be entitled or eligible to  receive  state  funds  apportioned  or
     8  appropriated to maintain or restore such reserve fund at or to a partic-
     9  ular level, except to the extent of any deficiency resulting directly or
    10  indirectly  from a failure of the state to appropriate or pay the agreed
    11  amount under any of the contracts provided for in  subdivision  four  of
    12  this section.
    13    §  43.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
    14  laws of 1968, constituting the New York state urban  development  corpo-
    15  ration  act,  as  amended by section 46 of part FFF of chapter 56 of the
    16  laws of 2022, is amended to read as follows:
    17    1. Notwithstanding the provisions of any other law  to  the  contrary,
    18  the dormitory authority and the urban development corporation are hereby
    19  authorized to issue bonds or notes in one or more series for the purpose
    20  of  funding project costs undertaken by or on behalf of the state educa-
    21  tion department, special act school districts,  state-supported  schools
    22  for  the  blind  and  deaf,  approved private special education schools,
    23  non-public schools, community centers, day care facilities,  residential
    24  camps, day camps, Native American Indian Nation schools, and other state
    25  costs  associated  with  such capital projects.  The aggregate principal
    26  amount of bonds authorized to be issued pursuant to this  section  shall
    27  not  exceed  [three  hundred  one million seven hundred thousand dollars
    28  $301,700,000] three hundred twenty-one million seven hundred ninety-nine
    29  thousand dollars $321,799,000, excluding bonds issued  to  fund  one  or
    30  more debt service reserve funds, to pay costs of issuance of such bonds,
    31  and  bonds  or  notes  issued to refund or otherwise repay such bonds or
    32  notes previously issued. Such bonds and notes of the dormitory authority
    33  and the urban development corporation shall not be a debt of the  state,
    34  and the state shall not be liable thereon, nor shall they be payable out
    35  of any funds other than those appropriated by the state to the dormitory
    36  authority and the urban development corporation for principal, interest,
    37  and  related  expenses pursuant to a service contract and such bonds and
    38  notes shall contain on the face thereof  a  statement  to  such  effect.
    39  Except  for  purposes  of  complying with the internal revenue code, any
    40  interest income earned on bond proceeds shall only be used to  pay  debt
    41  service on such bonds.
    42    §  44.  Subdivision 1 of section 47 of section 1 of chapter 174 of the
    43  laws of 1968, constituting the New York state urban  development  corpo-
    44  ration  act,  as  amended by section 47 of part FFF of chapter 56 of the
    45  laws of 2022, is amended to read as follows:
    46    1. Notwithstanding the provisions of any other law  to  the  contrary,
    47  the  dormitory  authority  and  the corporation are hereby authorized to
    48  issue bonds or notes in one or more series for the  purpose  of  funding
    49  project costs for the office of information technology services, depart-
    50  ment  of  law,  and  other  state  costs  associated  with  such capital
    51  projects. The aggregate principal  amount  of  bonds  authorized  to  be
    52  issued  pursuant  to  this  section  shall  not  exceed [one billion one
    53  hundred  fifty-two  million  five  hundred  sixty-six  thousand  dollars
    54  $1,152,566,000]  one  billion  three  hundred  fifty-three million eight
    55  hundred  fifty-two  thousand  dollars  $1,353,852,000,  excluding  bonds
    56  issued  to  fund one or more debt service reserve funds, to pay costs of

        S. 4006--C                         109                        A. 3006--C
 
     1  issuance of such bonds, and bonds or notes issued to refund or otherwise
     2  repay such bonds or notes previously issued. Such bonds and notes of the
     3  dormitory authority and the corporation shall  not  be  a  debt  of  the
     4  state,  and  the  state  shall  not be liable thereon, nor shall they be
     5  payable out of any funds other than those appropriated by the  state  to
     6  the dormitory authority and the corporation for principal, interest, and
     7  related expenses pursuant to a service contract and such bonds and notes
     8  shall contain on the face thereof a statement to such effect. Except for
     9  purposes  of  complying  with  the  internal  revenue code, any interest
    10  income earned on bond proceeds shall only be used to pay debt service on
    11  such bonds.
    12    § 45. Paragraph (b) of subdivision 1 of  section  385  of  the  public
    13  authorities  law,  as amended by section 48 of part FFF of chapter 56 of
    14  the laws of 2022, is amended to read as follows:
    15    (b) The  authority  is  hereby  authorized,  as  additional  corporate
    16  purposes  thereof solely upon the request of the director of the budget:
    17  (i) to issue special emergency highway and bridge trust fund  bonds  and
    18  notes  for  a  term  not to exceed thirty years and to incur obligations
    19  secured by the moneys appropriated from the dedicated highway and bridge
    20  trust fund established in section eighty-nine-b  of  the  state  finance
    21  law; (ii) to make available the proceeds in accordance with instructions
    22  provided  by  the  director  of the budget from the sale of such special
    23  emergency highway and bridge trust fund  bonds,  notes  or  other  obli-
    24  gations,  net of all costs to the authority in connection therewith, for
    25  the purposes of financing all or a portion of the  costs  of  activities
    26  for  which  moneys in the dedicated highway and bridge trust fund estab-
    27  lished in section eighty-nine-b of the state finance law are  authorized
    28  to  be  utilized or for the financing of disbursements made by the state
    29  for the activities authorized pursuant to section eighty-nine-b  of  the
    30  state  finance  law; and (iii) to enter into agreements with the commis-
    31  sioner of transportation pursuant to section ten-e of  the  highway  law
    32  with  respect  to  financing  for  any activities authorized pursuant to
    33  section eighty-nine-b of the state finance law, or agreements  with  the
    34  commissioner  of  transportation pursuant to sections ten-f and ten-g of
    35  the highway law in connection with activities on state highways pursuant
    36  to these sections, and (iv) to enter into service contracts,  contracts,
    37  agreements,  deeds  and  leases  with  the director of the budget or the
    38  commissioner of  transportation  and  project  sponsors  and  others  to
    39  provide  for  the  financing  by  the authority of activities authorized
    40  pursuant to section eighty-nine-b of the state finance law, and each  of
    41  the  director  of  the budget and the commissioner of transportation are
    42  hereby authorized to enter into  service  contracts,  contracts,  agree-
    43  ments,  deeds  and leases with the authority, project sponsors or others
    44  to provide for such financing. The authority shall not issue  any  bonds
    45  or  notes  in  an  amount  in  excess of [nineteen billion seven hundred
    46  seventy-six   million   nine    hundred    twenty    thousand    dollars
    47  $19,776,920,000]  twenty  billion  six  hundred forty-eight million five
    48  hundred seven thousand dollars $20,648,507,000, plus a principal  amount
    49  of  bonds  or  notes:  (A) to fund capital reserve funds; (B) to provide
    50  capitalized interest; and, (C) to  fund  other  costs  of  issuance.  In
    51  computing  for the purposes of this subdivision, the aggregate amount of
    52  indebtedness evidenced by bonds and notes of the authority issued pursu-
    53  ant to this section, as amended by a chapter of  the  laws  of  nineteen
    54  hundred ninety-six, there shall be excluded the amount of bonds or notes
    55  issued  that  would constitute interest under the United States Internal

        S. 4006--C                         110                        A. 3006--C
 
     1  Revenue Code of 1986, as amended, and the amount of indebtedness  issued
     2  to refund or otherwise repay bonds or notes.
     3    §  46.  Subdivision 1 of section 1680-r of the public authorities law,
     4  as amended by section 50 of part FFF of chapter 56 of the laws of  2022,
     5  is amended to read as follows:
     6    1.  Notwithstanding  the  provisions of any other law to the contrary,
     7  the dormitory authority and the urban development corporation are hereby
     8  authorized to issue bonds or notes in one or more series for the purpose
     9  of funding project costs for the capital restructuring financing program
    10  for health care and related facilities licensed pursuant to  the  public
    11  health  law  or  the mental hygiene law and other state costs associated
    12  with such capital projects,  the  health  care  facility  transformation
    13  programs,  the  essential health care provider program, and other health
    14  care capital project costs. The  aggregate  principal  amount  of  bonds
    15  authorized  to be issued pursuant to this section shall not exceed [four
    16  billion six hundred fifty-three  million  dollars  $4,653,000,000]  five
    17  billion  one hundred fifty-three million dollars $5,153,000,000, exclud-
    18  ing bonds issued to fund one or more debt service reserve funds, to  pay
    19  costs  of issuance of such bonds, and bonds or notes issued to refund or
    20  otherwise repay such bonds or notes previously issued.  Such  bonds  and
    21  notes  of  the dormitory authority and the urban development corporation
    22  shall not be a debt of the state, and the  state  shall  not  be  liable
    23  thereon,  nor  shall  they  be payable out of any funds other than those
    24  appropriated by the state to  the  dormitory  authority  and  the  urban
    25  development  corporation  for  principal, interest, and related expenses
    26  pursuant to a service contract and such bonds and notes shall contain on
    27  the face thereof a statement to such  effect.  Except  for  purposes  of
    28  complying  with the internal revenue code, any interest income earned on
    29  bond proceeds shall only be used to pay debt service on such bonds.
    30    § 47. Subdivision 1 of section 1680-k of the public  authorities  law,
    31  as  amended by section 51 of part FFF of chapter 56 of the laws of 2022,
    32  is amended to read as follows:
    33    1. Subject to the provisions of chapter fifty-nine of the laws of  two
    34  thousand, but notwithstanding any provisions of law to the contrary, the
    35  dormitory  authority is hereby authorized to issue bonds or notes in one
    36  or more series in an aggregate principal amount  not  to  exceed  [forty
    37  million  eight  hundred  thirty  thousand  dollars  ($40,830,000)] forty
    38  million nine hundred forty-five thousand dollars $40,945,000,  excluding
    39  bonds  issued  to finance one or more debt service reserve funds, to pay
    40  costs of issuance of such bonds, and bonds or notes issued to refund  or
    41  otherwise  repay  such bonds or notes previously issued, for the purpose
    42  of financing the construction of the  New  York  state  agriculture  and
    43  markets  food laboratory. Eligible project costs may include, but not be
    44  limited to the cost of  design,  financing,  site  investigations,  site
    45  acquisition  and  preparation, demolition, construction, rehabilitation,
    46  acquisition of machinery and equipment, and infrastructure improvements.
    47  Such bonds and notes of such authorized issuers shall not be a  debt  of
    48  the  state, and the state shall not be liable thereon, nor shall they be
    49  payable out of any funds other than those appropriated by the  state  to
    50  such  authorized  issuers for debt service and related expenses pursuant
    51  to any service contract executed pursuant to  subdivision  two  of  this
    52  section  and  such  bonds  and notes shall contain on the face thereof a
    53  statement to such effect. Except for  purposes  of  complying  with  the
    54  internal revenue code, any interest income earned on bond proceeds shall
    55  only be used to pay debt service on such bonds.

        S. 4006--C                         111                        A. 3006--C
 
     1    §  48.  Paragraph  (b) of subdivision 3 and clause (B) of subparagraph
     2  (iii) of paragraph (j) of subdivision 4 of section 1 of part D of  chap-
     3  ter 63 of the laws of 2005, relating to the composition and responsibil-
     4  ities  of  the  New  York  state higher education capital matching grant
     5  board, as amended by section 52 of part FFF of chapter 56 of the laws of
     6  2022, are amended to read as follows:
     7    (b)  Within amounts appropriated therefor, the board is hereby author-
     8  ized and directed to  award  matching  capital  grants  totaling  [three
     9  hundred  forty-five  million dollars $345,000,000] three hundred eighty-
    10  five million dollars, $385,000,000. Each college shall be eligible for a
    11  grant award amount as determined by the calculations pursuant to  subdi-
    12  vision  five of this section. In addition, such colleges shall be eligi-
    13  ble to compete for additional funds pursuant to paragraph (h) of  subdi-
    14  vision four of this section.
    15    (B)  The  dormitory authority shall not issue any bonds or notes in an
    16  amount  in  excess  of  [three  hundred   forty-five   million   dollars
    17  $345,000,000]  three  hundred  eighty-five million dollars, $385,000,000
    18  for the purposes of this section; excluding bonds  or  notes  issued  to
    19  fund one or more debt service reserve funds, to pay costs of issuance of
    20  such  bonds, and bonds or notes issued to refund or otherwise repay such
    21  bonds or notes previously issued. Except for purposes of complying  with
    22  the  internal  revenue code, any interest on bond proceeds shall only be
    23  used to pay debt service on such bonds.
    24    § 49. Paragraph (b) of subdivision 1 of section 54-b of section  1  of
    25  chapter  174  of the laws of 1968, constituting the New York state urban
    26  development corporation act, as added by section 54 of part FFF of chap-
    27  ter 56 of the laws of 2022, is amended to read as follows:
    28    (b) Notwithstanding any  other  provision  of  law  to  the  contrary,
    29  including,  specifically,  the  provisions  of chapter 59 of the laws of
    30  2000 and section sixty-seven-b of the state finance law,  the  dormitory
    31  authority  of  the  state  of  New  York  and the corporation are hereby
    32  authorized to issue personal income tax revenue anticipation notes  with
    33  a maturity no later than March 31, [2023] 2024, in one or more series in
    34  an  aggregate  principal amount for each fiscal year not to exceed three
    35  billion dollars, and to pay costs of issuance of  such  notes,  for  the
    36  purpose  of  temporarily  financing  budgetary  needs of the state. Such
    37  purpose shall constitute an authorized purpose under subdivision two  of
    38  section sixty-eight-a of the state finance law for all purposes of arti-
    39  cle five-C of the state finance law with respect to the notes authorized
    40  by  this  paragraph.  Such  notes  shall  not  be  renewed,  extended or
    41  refunded. For so long as any notes authorized by this paragraph shall be
    42  outstanding, the restrictions, limitations and requirements contained in
    43  article five-B of the state finance law shall not apply.
    44    § 50. Paragraph (c) of subdivision 1 of section 55-b of section  1  of
    45  chapter  174  of the laws of 1968, constituting the New York state urban
    46  development corporation act, as added by section 55 of part FFF of chap-
    47  ter 56 of the laws of 2022, is amended to read as follows:
    48    (c) Notwithstanding any  other  provision  of  law  to  the  contrary,
    49  including,  specifically,  the  provisions  of chapter 59 of the laws of
    50  2000 and section 67-b of the state finance law, the dormitory  authority
    51  of  the  state  of  New  York  and the urban development corporation are
    52  authorized until March 31, [2023] 2024 to: (i) enter into  one  or  more
    53  line  of credit facilities not in excess of [two] one billion dollars in
    54  aggregate principal amount; (ii) draw, at  one  or  more  times  at  the
    55  direction of the director of the budget, upon such line of credit facil-
    56  ities  and  provide to the state the amounts so drawn for the purpose of

        S. 4006--C                         112                        A. 3006--C
 
     1  assisting  the  state  to  temporarily  finance  its  budgetary   needs;
     2  provided,  however,  that  the total principal amounts of such draws for
     3  each fiscal year shall not exceed [two] one billion dollars;  and  (iii)
     4  secure  repayment  of all draws under such line of credit facilities and
     5  the payment of related expenses and fees, which  repayment  and  payment
     6  obligations  shall not constitute a debt of the state within the meaning
     7  of any constitutional or statutory provision and shall be deemed  execu-
     8  tory only to the extent moneys are available and that no liability shall
     9  be  incurred  by the state beyond the moneys available for such purpose,
    10  and that such payment obligation is subject to annual  appropriation  by
    11  the  legislature. Any line of credit facility agreements entered into by
    12  the dormitory authority of the state of New York and/or the urban devel-
    13  opment corporation with financial institutions pursuant to this  section
    14  may contain such provisions that the dormitory authority of the state of
    15  New  York  and/or  the  urban  development corporation deem necessary or
    16  desirable for the establishment of such credit facilities.  The  maximum
    17  term  of  any line of credit facility shall be one year from the date of
    18  incurrence; provided however that no draw on any  such  line  of  credit
    19  facility  shall  occur after March 31, [2023] 2024, and provided further
    20  that any such line of credit facility whose term  extends  beyond  March
    21  31, [2023] 2024 shall be supported by sufficient appropriation authority
    22  enacted  by  the  legislature  that  provides  for  the repayment of all
    23  amounts drawn and remaining unpaid as of March 31, [2023] 2024, as  well
    24  as  the  payment of related expenses and fees incurred and to become due
    25  and payable by the dormitory authority of the state of New  York  and/or
    26  the urban development corporation.
    27    §  51.  Subdivisions 2 and 3 of section 58 of section 1 of chapter 174
    28  of the laws of 1968, constituting the New York state  urban  development
    29  corporation act, as added by section 56 of part FFF of chapter 56 of the
    30  laws  of  2022,  are amended and a new subdivision 5 is added to read as
    31  follows:
    32    2. Definitions. When used in this section:
    33    (a) "Commission" shall mean  the  gateway  development  commission,  a
    34  bi-state  commission and a body corporate and politic established by the
    35  state of New Jersey and the state of New  York,  acting  in  the  public
    36  interest  and  exercising essential governmental functions in accordance
    37  with the Gateway development commission act, and any successor thereto.
    38    (b) "Federal transportation loan" shall mean one or more loans made to
    39  the commission to finance the Hudson tunnel project under or pursuant to
    40  any U.S. Department of Transportation program or act, including but  not
    41  limited  to  the Railroad Rehabilitation & Improvement Financing Program
    42  or the Transportation Infrastructure Finance and Innovation  Act,  which
    43  loan or loans are related to the state capital commitment.
    44    (c) "Gateway development commission act" shall mean chapter 108 of the
    45  laws of New York, 2019, as amended.
    46    (d) "Gateway project" shall mean the Hudson tunnel project.
    47    (e)  "Hudson  tunnel  project"  shall  mean  the project consisting of
    48  construction of a tunnel connecting the  states  of  New  York  and  New
    49  Jersey  and  the  completion  of  certain ancillary facilities including
    50  construction of concrete casing at Hudson Yards in Manhattan,  New  York
    51  and the rehabilitation of the existing North River Tunnels.
    52    (f)  "State  capital commitment" shall mean (i) an aggregate principal
    53  amount not to exceed  [$2,350,000,000]  $2,850,000,000,  plus  (ii)  any
    54  interest  costs,  including  capitalized  interest,  and  (iii)  related
    55  expenses and fees, all of which shall be payable by  the  state  of  New
    56  York  to,  or  at  the  direction  of,  the commission under one or more

        S. 4006--C                         113                        A. 3006--C
 
     1  service contracts or other agreements pursuant to this section, as  well
     2  as any expenses of the state incurred in connection therewith.
     3    (g)  "Related expenses and fees" shall mean commitment fees, servicing
     4  and monitoring costs, credit risk premium payments and similar  charges,
     5  administrative  fees  and  other  ancillary  costs,  expenses  and  fees
     6  incurred, and to become due and payable, by the commission in connection
     7  with the Federal transportation loan, or by the state in connection with
     8  any service contract.
     9    3. Notwithstanding any other provision of  law  to  the  contrary,  in
    10  order  to  provide for the payment for the state capital commitment, the
    11  director of the budget is hereby authorized to enter into  one  or  more
    12  service contracts or other agreements with the commission, none of which
    13  shall  exceed  the  maximum duration of the Federal transportation loan,
    14  upon such terms and conditions as the director of the budget and commis-
    15  sion agree, so as to provide to or at the direction of  the  commission,
    16  for each state fiscal year, a sum not to exceed the amount required [for
    17  the payment of the state capital commitment] to be paid as principal and
    18  interest  under  the  Federal  transportation loan for such fiscal year,
    19  plus related expenses and fees for such fiscal year.  Any  such  service
    20  contract  or  other  agreement  shall provide that the obligation of the
    21  state to pay the amount therein provided shall not constitute a debt  of
    22  the  state  within  the  meaning  of  any  constitutional  or  statutory
    23  provision and shall be deemed executory only to  the  extent  of  monies
    24  available,  that  no liability shall be incurred by the state beyond the
    25  monies available for such purpose, and that such obligation  is  subject
    26  to annual appropriation by the legislature. Any such service contract or
    27  other  agreement  and  any payments made or to be made thereunder may be
    28  assigned and pledged by the commission as security for the repayment  by
    29  the commission of the Federal transportation loan.
    30    5.  On  or  before  the beginning of each quarter, the director of the
    31  budget shall certify to the state comptroller the  estimated  amount  of
    32  monies  that  shall  be  reserved  in  the general debt service fund for
    33  payment pursuant to any service contract authorized by subdivision 3  of
    34  this  section payable by such fund during each month of the state fiscal
    35  year. Such  certificate  may  be  periodically  updated,  as  necessary.
    36  Notwithstanding  any  provision  of law to the contrary, the state comp-
    37  troller shall reserve in the general debt service  fund  the  amount  of
    38  monies  identified on such certificate as necessary for payment pursuant
    39  to any service contract authorized by  subdivision  3  of  this  section
    40  during  the current or next succeeding quarter of the state fiscal year.
    41  Such monies so reserved shall not be available for  any  other  purpose.
    42  Such  certificate  shall  be  reported to the chairpersons of the Senate
    43  Finance Committee and the Assembly Ways and Means Committee.
    44    § 52. Notwithstanding any law to  the  contrary,  the  comptroller  is
    45  hereby authorized and directed to transfer, upon request of the director
    46  of  the  budget,  on or before March 31, 2024 the following amounts from
    47  the following special revenue accounts or enterprise funds to the gener-
    48  al fund, for the  purposes of offsetting principal and  interest  costs,
    49  incurred  by  the  state  pursuant  to  section  fifty-four of this act,
    50  provided that the annual amount of the transfer shall be  no  more  than
    51  the  principal  and  interest  that would have otherwise been due to the
    52  power authority of the state of New York, from any state  agency,  in  a
    53  given state fiscal year.  Amounts pertaining to special revenue accounts
    54  assigned  to the state university of New York shall be considered inter-
    55  changeable between the designated special revenue accounts  as  to  meet
    56  the requirements of this section and section fifty-four of this act:

        S. 4006--C                         114                        A. 3006--C
 
     1    1.  $15,000,000  from  the  miscellaneous  special revenue fund, state
     2  university general income reimbursable account (22653).
     3    2.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
     4  university dormitory income reimbursable account (21937).
     5    3. $5,000,000 from the enterprise fund, city university senior college
     6  operating fund (60851).
     7    § 53. Section 59 of section 1 of chapter 174  of  the  laws  of  1968,
     8  constituting  the  New  York state urban development corporation act, as
     9  added by section 59 of part FFF of chapter 56 of the laws  of  2022,  is
    10  amended to read as follows:
    11    §  59.  The dormitory authority of the state of New York, the New York
    12  state urban development corporation, and  the  New  York  state  thruway
    13  authority  are  hereby  authorized  to issue bonds in one or more series
    14  under either article 5-C or article 5-F of the state finance law for the
    15  purpose of refunding obligations of the power authority of the state  of
    16  New York to fund energy efficiency projects at state agencies including,
    17  but not limited to, the state university of New York, city university of
    18  New  York, the New York state office of general services, New York state
    19  office of mental health, state education department, and New York  state
    20  department  of  agriculture and markets.  The aggregate principal amount
    21  of bonds authorized to be issued pursuant  to  this  section  shall  not
    22  exceed  [two hundred million dollars ($200,000,000)] four hundred seven-
    23  ty-five million dollars ($475,000,000), excluding bonds  issued  to  pay
    24  costs  of  issuance  of such bonds and to refund or otherwise repay such
    25  bonds. Such bonds issued by the dormitory authority of the state of  New
    26  York,  the  New  York  state urban development corporation, and New York
    27  state thruway authority shall not be a debt of the state, and the  state
    28  shall  not be liable thereon, nor shall they be payable out of any funds
    29  other than those appropriated by the state under article 5-C or  article
    30  5-F of the state finance law, as applicable.
    31    § 54. Subdivision 1 of section 386-a of the public authorities law, as
    32  amended  by section 49 of part FFF of chapter 56 of the laws of 2022, is
    33  amended to read as follows:
    34    1. Notwithstanding any other provision of law  to  the  contrary,  the
    35  authority, the dormitory authority and the urban development corporation
    36  are  hereby authorized to issue bonds or notes in one or more series for
    37  the purpose of assisting the metropolitan  transportation  authority  in
    38  the  financing  of  transportation  facilities as defined in subdivision
    39  seventeen of section twelve hundred sixty-one of this chapter  or  other
    40  capital  projects. The aggregate principal amount of bonds authorized to
    41  be issued pursuant to this section shall not exceed twelve billion  five
    42  hundred   fifteen  million  eight  hundred  fifty-six  thousand  dollars
    43  $12,515,856,000, excluding bonds issued to fund one or more debt service
    44  reserve funds, to pay costs of issuance of such bonds, and to refund  or
    45  otherwise  repay  such  bonds or notes previously issued. Such bonds and
    46  notes of the authority, the dormitory authority and the  urban  develop-
    47  ment  corporation  shall not be a debt of the state, and the state shall
    48  not be liable thereon, nor shall they be payable out of any funds  other
    49  than  those  appropriated  by  the state to the authority, the dormitory
    50  authority and the urban development corporation for principal, interest,
    51  and related expenses pursuant to a service contract and such  bonds  and
    52  notes  shall  contain  on  the  face thereof a statement to such effect.
    53  Except for purposes of complying with the  internal  revenue  code,  any
    54  interest  income  earned on bond proceeds shall only be used to pay debt
    55  service on such bonds.  Notwithstanding any other provision  of  law  to
    56  the contrary, including the limitations contained in subdivision four of

        S. 4006--C                         115                        A. 3006--C
 
     1  section  sixty-seven-b of the state finance law, (A) any bonds and notes
     2  issued prior to April first,  two  thousand  [twenty-three]  twenty-four
     3  pursuant  to this section may be issued with a maximum maturity of fifty
     4  years,  and  (B)  any bonds issued to refund such bonds and notes may be
     5  issued with a maximum maturity of fifty years from the  respective  date
     6  of original issuance of such bonds and notes.
     7    §  55.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
     8  finance law, as amended by section 46 of part JJ of chapter  56  of  the
     9  laws of 2020, is amended to read as follows:
    10    (b)  On  or  before the beginning of each quarter, the director of the
    11  budget may certify to the state  comptroller  the  estimated  amount  of
    12  monies  that  shall be reserved in the general debt service fund for the
    13  payment of debt service and related expenses payable by such fund during
    14  each month of the state fiscal year, excluding  payments  due  from  the
    15  revenue  bond tax fund. Such certificate may be periodically updated, as
    16  necessary. Notwithstanding any provision of law  to  the  contrary,  the
    17  state  comptroller  shall  reserve  in the general debt service fund the
    18  amount of monies identified on such certificate  as  necessary  for  the
    19  payment  of debt service and related expenses during the current or next
    20  succeeding quarter of the state fiscal year. Such monies reserved  shall
    21  not  be  available  for  any  other  purpose.  Such certificate shall be
    22  reported to the chairpersons of the Senate  Finance  Committee  and  the
    23  Assembly  Ways  and  Means  Committee.  The provisions of this paragraph
    24  shall expire June thirtieth, two thousand [twenty-three] twenty-six.
    25    § 56. This act shall take effect immediately and shall  be  deemed  to
    26  have been in full force and effect on and after April 1, 2023; provided,
    27  however,  that  the provisions of sections one, one-a, two, three, four,
    28  five, six, seven, eight, thirteen, fourteen,  fifteen,  sixteen,  seven-
    29  teen,  eighteen,  nineteen,  twenty  and  twenty-two,  of this act shall
    30  expire March 31, 2024  when  upon  such  date  the  provisions  of  such
    31  sections shall be deemed repealed.
 
    32                                   PART QQ
 
    33    Section  1.  Section  1005 of the public authorities law is amended by
    34  adding a new subdivision 27-a to read as follows:
    35    27-a. (a) The authority is authorized and directed, to:
    36    (i) plan, design, develop, finance, construct, own, operate,  maintain
    37  and  improve,  either  alone, or jointly with other entities through the
    38  use of public-private agreements established in paragraph  (f)  of  this
    39  subdivision,  renewable energy generating projects in the state, includ-
    40  ing its territorial waters, and/or on property or in  waters  under  the
    41  jurisdiction or regulatory authority of the United States, or any compo-
    42  nent  thereof,  to:    support the state's renewable energy goals estab-
    43  lished pursuant to the climate leadership and community protection  act;
    44  provide  or  maintain  an adequate and reliable supply of electric power
    45  and energy in the state, including but not limited to, high  need  areas
    46  and  communities  served by small natural gas power plants as defined in
    47  this section; and support the renewable energy access and community help
    48  program established  pursuant  to  subdivision  twenty-seven-b  of  this
    49  section; subject to the strategic plan developed and updated pursuant to
    50  paragraph  (e)  of  this  subdivision  approved  by  the trustees of the
    51  authority, provided that the authority, or  a  wholly  owned  subsidiary
    52  thereof,  shall  at  all  times  maintain majority ownership of any such
    53  project, and provided further that the authority, any subsidiary  there-
    54  of,  or  any  other  entity  participating in a public-private agreement

        S. 4006--C                         116                        A. 3006--C

     1  established in paragraph (f) of this  subdivision,  shall  only  design,
     2  develop, finance, construct, own, operate, maintain and improve projects
     3  pursuant  to this subdivision that have been identified in the strategic
     4  plan  or its updates as provided in subparagraph (v) of paragraph (e) of
     5  this subdivision; and
     6    (ii) notwithstanding any conflicting  provision  of  title  five-A  of
     7  article  nine  of  this chapter, acquire from willing sellers, lease, or
     8  dispose of property interests related to the development or  disposition
     9  of  renewable  energy  generating  projects authorized by this paragraph
    10  through a competitive selection process or by negotiation, provided that
    11  the authority and any subsidiary thereof shall  receive  not  less  than
    12  fair  market value, supported by an appraisal prepared by an independent
    13  appraiser, for the disposal of any  interest  in  any  renewable  energy
    14  generating project.
    15    (b)  The  authority, its subsidiaries or any entity participating in a
    16  public-private agreement established in paragraph (f) of  this  subdivi-
    17  sion  or  acting  on  behalf of the authority, when developing renewable
    18  energy generating projects authorized in this subdivision,  or  subdivi-
    19  sion twenty-seven-b of this section, shall: (i) not develop, except when
    20  necessary for generator lead lines and other equipment needed for inter-
    21  connection of projects to the electric system, on property that consists
    22  of  land  used  in  agricultural  production,  taking into consideration
    23  whether the land is within an agricultural district or contains  mineral
    24  soil  groups  1-4,  as  defined  by  the  department  of agriculture and
    25  markets, unless a renewable energy generation project is in  furtherance
    26  of  an agrivoltaics project; (ii) minimize harm to wildlife, ecosystems,
    27  public health and public safety; and (iii) not build  on  lands  located
    28  upon  any  Native  American  territory  or reservation located wholly or
    29  partly within the state, except through voluntary sale or  other  agree-
    30  ment  for  such  use  with  the  consent  of the relevant nation and any
    31  required consent of the federal government.
    32    (c) Renewable energy generating projects developed by  the  authority,
    33  or  a  wholly owned subsidiary, pursuant to this subdivision or subdivi-
    34  sion twenty-seven-b of this section that meet eligibility criteria under
    35  state programs administered by the public service commission and the New
    36  York state energy research and development authority shall  be  eligible
    37  to  receive  renewable  energy  certificates  in  accordance  with  such
    38  programs consistent with laws and regulations.
    39    (d) No later than one hundred eighty days after the effective date  of
    40  this  subdivision,  and  annually thereafter, the authority shall confer
    41  with the New York state energy research and development  authority,  the
    42  office  of  renewable  energy  siting, the department of public service,
    43  climate and resiliency experts, labor organizations,  and  environmental
    44  justice  and  community organizations concerning the state's progress on
    45  meeting the renewable energy goals established by the climate leadership
    46  and community protection act. When exercising the authority provided for
    47  in paragraph (a) of this subdivision, the information developed  through
    48  such  conferral  shall  be used to identify projects to help ensure that
    49  the state meets its goals under the  climate  leadership  and  community
    50  protection  act.  Any  conferral  provided  for  in this paragraph shall
    51  include consideration of the timing of projects in  the  interconnection
    52  queue  of the federally designated electric bulk system operator for New
    53  York state,  taking  into  account  both  capacity  factors  or  planned
    54  projects  and  the interconnection queue's historical completion rate. A
    55  report on the information developed through   such  conferral  shall  be
    56  published and made accessible on the website of the authority.

        S. 4006--C                         117                        A. 3006--C
 
     1    (e)  (i)  Beginning in two thousand twenty-five, and biennially there-
     2  after  until two thousand thirty-three, the authority,  in  consultation
     3  with  the  New York state energy research and development authority, the
     4  office of renewable energy siting, the department of public service, and
     5  the  federally  designated  electric  bulk  system operator for New York
     6  state, shall develop and publish biennially a  renewable  energy  gener-
     7  ation  strategic   plan ("strategic plan") that identifies the renewable
     8  energy generating priorities based on the provisions of paragraph (a) of
     9  this subdivision for the two-year period covered by the plan as  further
    10  provided for in this paragraph.
    11    (ii)  In  developing,  and updating, the strategic plan, the authority
    12  shall consider:
    13    (A) information developed pursuant to paragraph (d) of  this  subdivi-
    14  sion;
    15    (B)  high need areas where transmission and distribution upgrades will
    16  be necessary to interconnect new renewable energy generation projects;
    17    (C) the feasibility of projects, based on costs,  potential  benefits,
    18  and other relevant considerations;
    19    (D) the fiscal condition of the authority and the impacts of potential
    20  renewable  energy  generating  projects on the authority and its subsid-
    21  iaries;
    22    (E) ways to minimize any  negative  tax  revenue  impacts  on  munici-
    23  palities  that  host renewable energy generating projects, including but
    24  not limited to, PILOT and/or community benefit agreements;
    25    (F) the timing, characteristics  and  size  of  the  renewable  energy
    26  generating projects in the interconnection queue of the federally desig-
    27  nated electric bulk system operator for New York state;
    28    (G) in consultation with the federally designated electric bulk system
    29  operator  for  New  York state, the power, energy and ancillary services
    30  provided by planned renewable energy generating  projects,  taking  into
    31  account the historical completion rate of similar projects; and
    32    (H) opportunities to work in partnership with private sector renewable
    33  energy  developers  to  accelerate activity, catalyze greater scale, and
    34  spur additional market participation.
    35    (iii) The strategic plan shall address the purposes  stated  in  para-
    36  graph (a) of this subdivision, and  prioritize projects that:
    37    (A) actively benefit disadvantaged communities;
    38    (B) serve publicly-owned facilities; and
    39    (C)  support  the  renewable  energy access and community help program
    40  established pursuant to subdivision twenty-seven-b of this section.
    41    (iv) The strategic plan shall assess and identify at a minimum:
    42    (A) renewable energy generating high need and priority areas;
    43    (B) priority  locations for the development of renewable energy gener-
    44  ating projects;
    45    (C) the types  and  capacity  of  renewable  energy  resources  to  be
    46  utilized;
    47    (D)  the estimated cost of renewable energy generating projects to the
    48  extent known;
    49    (E) a description of any delays or anticipated delays associated  with
    50  completion of the renewable energy generating projects;
    51    (F)  which  of the intended purposes in paragraph (a) of this subdivi-
    52  sion each renewable energy generating project is intended to support;
    53    (G) any prioritization given to the order of development of  renewable
    54  energy generating projects;
    55    (H)  the  benefits  associated  with  the  renewable energy generating
    56  projects, including any benefits to disadvantaged communities;

        S. 4006--C                         118                        A. 3006--C
 
     1    (I) any benefits to rate payers;
     2    (J)  the state's progress towards achieving the renewable energy goals
     3  of the climate leadership and community protection act; and
     4    (K) any other information the authority determines to be appropriate.
     5    (v) The plan shall include a list of proposed renewable energy  gener-
     6  ating  projects. Such list shall include projects that are planned to be
     7  commenced prior to the next update or version of the plan,  and  at  the
     8  authority's  discretion  need  not  include any projects in the planning
     9  stage. Each proposed project listed shall include, without limitation:
    10    (A) location of the project, to the extent  that  property  associated
    11  with such location has been secured for the proposed project;
    12    (B) the type, or types, of renewable energy resources utilized;
    13    (C) the potential generating capacity of each project;
    14    (D) the estimated project cost;
    15    (E) the timeline for completion; and
    16    (F)  the  entity undertaking the proposed project and any public part-
    17  nership agreements the authority or its subsidiaries enter into for such
    18  project.
    19    (vi) In developing the strategic plan,  the  authority  shall  consult
    20  with  stakeholders including, without limitation, climate and resiliency
    21  experts,  labor organizations, environmental justice communities, disad-
    22  vantaged community members, residential  and  small  business  ratepayer
    23  advocates,  and  community organizations. The authority shall also seek,
    24  where possible, community input through the regional clean  energy  hubs
    25  program administered by the energy research and development authority.
    26    (vii)  The  authority  shall post a draft of the strategic plan on its
    27  website for public comment for a period of  at  least  sixty  days,  and
    28  shall hold at least three public hearings on the draft strategic plan in
    29  regionally diverse parts of the state.
    30    (viii)  The  authority  shall  after considering the stakeholder input
    31  publish  the first final strategic plan  on its website  no  later  than
    32  January thirty-first, two thousand twenty-five.
    33    (ix)  The  authority,  until  two thousand thirty-five, shall   update
    34  each biennial strategic plan annually, after a public comment period  of
    35  at  least  thirty  days  and  at least one public hearing.  Such updated
    36  strategic  plan shall include a review  of  the  implementation  of  the
    37  projects  previously  included  in  the  strategic  plan  with necessary
    38  updates, including status in the interconnection queue.   The  authority
    39  may  update  the  plan more often than annually provided that it follows
    40  the  public  comment  and  public  hearing  process  for  updated  plans
    41  prescribed by this paragraph.
    42    (x)  The  strategic  plan and   any update thereof shall not be deemed
    43  final until it is approved by the authority's trustees.
    44    (f) The authority shall have the right to exercise and perform all  or
    45  part  of its powers and functions pursuant to this subdivision or subdi-
    46  vision twenty-seven-b of this section, through one or more wholly  owned
    47  subsidiaries.  The  authority  may form such subsidiary by acquiring the
    48  voting shares thereof or by resolution of the board directing any of its
    49  trustees, officers or employees to organize a subsidiary pursuant to the
    50  business corporation law, or the not-for-profit corporation law,  or  as
    51  otherwise authorized by law. Such resolution shall prescribe the purpose
    52  for which such subsidiary is to be formed, which shall not be inconsist-
    53  ent with the provisions of this subdivision. Each such subsidiary pursu-
    54  ant  to this subdivision shall be subject to any provision of this chap-
    55  ter pertaining to subsidiaries    of  public  authorities,  except  that
    56  subdivision three of section twenty-eight hundred twenty-seven-a of this

        S. 4006--C                         119                        A. 3006--C
 
     1  chapter  shall  not  apply  to any subsidiary organized pursuant to this
     2  section. The authority may transfer to any such subsidiary  any  moneys,
     3  property  (real,  personal or mixed) or facilities in order to carry out
     4  the  purposes  of  this subdivision. Each such subsidiary shall have all
     5  the privileges, immunities, tax exemptions and other exemptions  of  the
     6  authority  to  the extent the same are not inconsistent with the statute
     7  or  statutes  pursuant  to  which  such  subsidiary  was   incorporated;
     8  provided, however, that in any event any such subsidiary  shall be enti-
     9  tled to exemptions from the public service law and any regulation by, or
    10  the  jurisdiction of, the public service commission, except as otherwise
    11  provided in this subdivision or  subdivision  twenty-seven-b    of  this
    12  section.    In exercising the authority provided for in paragraph (a) of
    13  this subdivision, the authority or any  subsidiary  thereof,  may  enter
    14  into  public-private partnership agreements, to the extent the authority
    15  determines that such collaborations are in  the  best  interest  of  the
    16  state,  and  necessary  to  mitigate financial risks to the authority to
    17  manageable levels as determined by the trustees. Nothing in this  subdi-
    18  vision  shall be construed as authorizing any private entity that enters
    19  into a  public-private  partnership  or  a  similar  agreement,  or  any
    20  contract  authorized herein, with the authority or a subsidiary thereof,
    21  to receive, exercise or claim entitlement  to  any  of  the  privileges,
    22  immunities,  tax  exemptions or other exemptions of the authority or any
    23  subsidiary thereof.
    24    (g) The source of any financing and/or loans for any  of  the  actions
    25  authorized  in  this  subdivision may include: (i) the proceeds of notes
    26  issued pursuant to section one thousand nine-a of this title;  (ii)  the
    27  proceeds  of  bonds  issued pursuant to section one thousand ten of this
    28  title; (iii) other funds  made  available  by  the  authority  for  such
    29  purposes;  or  (iv) any other funds made available to the authority from
    30  non-authority sources including but not  limited  to  state  or  federal
    31  monies.
    32    (h)  For  any  renewable  energy generating project authorized by this
    33  subdivision, identified in the strategic plan and  developed  after  its
    34  effective  date,  the authority is authorized, pursuant to law and regu-
    35  lation, to:
    36    (i) sell renewable energy credits or attributes to, the New York state
    37  energy research and development authority, including for the purpose  of
    38  supporting  the  greenhouse  gas emission reduction goals in the climate
    39  leadership and community protection act;
    40    (ii) sell renewable power and energy and  ancillary  services  to,  or
    41  into,  markets operated by the federally designated electric bulk system
    42  operator for New York state;
    43    (iii) sell renewable power and energy and renewable energy credits  or
    44  attributes  to:  (A) any load serving entity in the state, including the
    45  Long Island power authority (directly, or through its service  provider,
    46  as  appropriate),  including but not limited to the purpose of providing
    47  bill  credits  to  low-income  or  moderate-income  end-use  electricity
    48  consumers  in disadvantaged communities for renewable energy produced by
    49  renewable energy systems as provided for in  subdivision  twenty-seven-b
    50  of this section;
    51    (B)  manufacturers  of green hydrogen produced through electrolysis or
    52  other zero-emission technology to displace fossil fuel use in the  state
    53  for use at facilities located in the state;
    54    (C) any public entity or authority customer;
    55    (D) community distributed generation providers, energy aggregators and
    56  similar entities for the benefit of subscribers to community distributed

        S. 4006--C                         120                        A. 3006--C
 
     1  generation  projects  in the state, including low-income or moderate-in-
     2  come end-use electricity consumers located in disadvantaged communities;
     3  and
     4    (E) any CCA community.
     5    (i)  For  purposes of this subdivision, the following terms shall have
     6  the meanings indicated in this paragraph unless  the  context  indicates
     7  another meaning or intent:
     8    (i) "Authority customer" means an entity located in the state to which
     9  the  authority  sells or is under contract to sell power or energy under
    10  the authority in this title or any other law.
    11    (ii) "CCA community" means one or more municipal corporations  located
    12  within  the  state that have provided for the purchase of power, energy,
    13  or renewable energy credits or other attributes under a CCA program.
    14    (iii) "CCA program"  means  a  community  choice  aggregation  program
    15  approved by the public service commission.
    16    (iv) "Disadvantaged communities" has the meaning ascribed to that term
    17  by subdivision five of section 75-0101 of the environmental conservation
    18  law.
    19    (v)  "Public  entity"  has the same meaning as in subparagraph five of
    20  paragraph (b) of subdivision seventeen of this section.
    21    (vi) "Renewable energy generating project" or "project" means:
    22    (A) facilities that generate power and energy by means of a  renewable
    23  energy system;
    24    (B) facilities that store and discharge power and energy; and
    25    (C) facilities, including generator lead lines, for interconnection of
    26  renewable energy generating projects to delivery points within the state
    27  of New York.
    28    (vii)  "Renewable  energy  system"  has  the  same  meaning as section
    29  sixty-six-p of the public service law.
    30    (j) The authority shall complete and submit a  report,  on  or  before
    31  January thirty-first, two thousand twenty-five, and annually thereafter,
    32  to  the  governor, the speaker of the assembly, and the temporary presi-
    33  dent of the senate, and  shall  post  such  report  on  the  authority's
    34  website  such  that  the  report  is accessible for public review.  Such
    35  report shall include, but not be limited to:
    36    (i) a description of the renewable energy projects the  authority  has
    37  planned, designed, developed, financed, or constructed and that it owns,
    38  operates,  maintains  or improves, alone or jointly with other entities,
    39  under the authority of this subdivision;
    40    (ii) a description of the acquisition, lease or other  disposition  of
    41  interests in renewable energy generating projects by the authority under
    42  this subdivision;
    43    (iii) a listing of all renewable power, energy, ancillary services and
    44  related  credits  and attributes sold or purchased by the authority from
    45  such projects;
    46    (iv) a listing of the entities to which the  authority  has  supplied,
    47  allocated  or  sold  any  renewable power, energy, ancillary services or
    48  related credits or attributes from such projects;
    49    (v) a listing and description of all subsidiaries that  the  authority
    50  formed,  public-private  partnerships  the authority has joined, and the
    51  subsidiaries and public-private partnerships   from  and  to  which  the
    52  authority acquired or transferred any interests;
    53    (vi) the total amount of revenues generated from the sale of renewable
    54  energy products from such projects; and
    55    (vii)  an  explanation of how each renewable energy generation project
    56  supports the purposes listed in paragraph (a) of this subdivision.

        S. 4006--C                         121                        A. 3006--C

     1    (k) All renewable energy generating projects subject to this  subdivi-
     2  sion  and  subdivision  twenty-seven-b  of  this section shall be deemed
     3  public work and subject to and performed  in  accordance  with  articles
     4  eight and nine of the labor law. Each contract for such renewable energy
     5  generating project shall contain a provision that such projects may only
     6  be  undertaken  pursuant  to a project labor agreement.  For purposes of
     7  this  subdivision  and  subdivision  twenty-seven-b  of  this   section,
     8  "project  labor  agreement"  shall mean a pre-hire collective bargaining
     9  agreement between the authority, or a  third  party  on  behalf  of  the
    10  authority,  and a bona fide building and construction trade labor organ-
    11  ization establishing the labor organization as the collective bargaining
    12  representative for all persons who will perform work on  a  public  work
    13  project, and which provides that only contractors and subcontractors who
    14  sign  a pre-negotiated agreement with the labor organization can perform
    15  project work. All contractors and subcontractors  associated  with  this
    16  work  shall  be required to utilize apprenticeship agreements as defined
    17  by article twenty-three of the labor law.
    18    (l) The authority shall include requirements  in  any  procurement  or
    19  development of a renewable energy generating project, as defined in this
    20  subdivision,  that the components and parts shall be produced or made in
    21  whole or substantial part in  the  United  States,  its  territories  or
    22  possessions.  The  authority's president and chief executive officer, or
    23  his or her designee may waive the procurement and  development  require-
    24  ments  set forth in this paragraph if such official determines that: the
    25  requirements would not be in the public interest; the requirements would
    26  result in unreasonable costs; obtaining such  infrastructure  components
    27  and  parts  in  the United States would increase the cost of a renewable
    28  energy generating project by an unreasonable amount; or such  components
    29  or  parts cannot be produced, made, or assembled in the United States in
    30  sufficient and reasonably available quantities or of satisfactory quali-
    31  ty. Such determination must be made on an annual  basis  no  later  than
    32  December  thirty-first,  after  providing  notice and an opportunity for
    33  public comment, and such determination shall be made publicly available,
    34  in writing, on the authority's website with a  detailed  explanation  of
    35  the findings leading to such determination. If the authority's president
    36  and chief executive officer, or his or her designee, has issued determi-
    37  nations  for  three  consecutive  years  finding  that no such waiver is
    38  warranted pursuant to this paragraph, then the authority shall no longer
    39  be required to provide the annual determination required by  this  para-
    40  graph.
    41    (m)  (i)  Nothing in this subdivision or subdivision twenty-seven-b of
    42  this section shall alter the rights or benefits, and privileges, includ-
    43  ing, but not limited  to  terms  and  conditions  of  employment,  civil
    44  service  status,  and  collective  bargaining  unit  membership,  of any
    45  current employees of the authority.
    46    (ii) Nothing in this article  shall  result  in:  (A)  the  discharge,
    47  displacement,  or  loss of position, including partial displacement such
    48  as a reduction in the hours of non-overtime work, wages,  or  employment
    49  benefits;  (B)  the  impairment of existing collective bargaining agree-
    50  ments; (C) the transfer of existing duties and  functions;  or  (D)  the
    51  transfer of future duties and functions, of any currently employed work-
    52  er  of the state or any agency, public authority or the state university
    53  of New York.
    54    (n) The authority shall enter into a memorandum of  understanding  for
    55  the  operation  and maintenance of a renewable energy generating project
    56  developed pursuant to this subdivision or  subdivision  twenty-seven  of

        S. 4006--C                         122                        A. 3006--C
 
     1  this section with a bona fide labor organization of jurisdiction that is
     2  actively engaged in representing transitioning employees from non-renew-
     3  able  generation facilities. Such memorandum shall be entered into prior
     4  to  the  completion  date  of  a renewable energy generating project and
     5  shall be an ongoing material condition of authorization to  operate  and
     6  maintain  a  renewable  energy  generating project developed pursuant to
     7  this subdivision or subdivision  twenty-seven-b  of  this  section.  The
     8  memorandum  shall  only apply to the employees necessary for the mainte-
     9  nance and operation of such renewable energy generating  projects.  Such
    10  memorandum shall contain but not be limited to safety and training stan-
    11  dards,  disaster  response  measures, guaranteed hours, staffing levels,
    12  pay rate protection, and retraining programs. The employees eligible for
    13  these positions shall first be selected from  a  pool  of  transitioning
    14  workers  who  have lost their employment or will be losing their employ-
    15  ment in the non-renewable energy generation sector. Such list of  poten-
    16  tial  employees  will  be  provided  by affected labor organizations and
    17  provided to the department of  labor.  The  department  of  labor  shall
    18  update  and  provide  such  list  to  the authority ninety days prior to
    19  purchase, acquisition, and/or construction of  any  project  under  this
    20  subdivision or subdivision twenty-seven-b of this section.
    21    (o)  For  the  purposes of article fifteen-A of the executive law, any
    22  person entering into a contract for a  project  authorized  pursuant  to
    23  this  section  shall be deemed a state agency as that term is defined in
    24  such article  and such contracts shall be deemed state contracts  within
    25  the meaning of that term as set forth in such article.
    26    (p)  Nothing in this subdivision or subdivision twenty-seven-b of this
    27  section, shall be construed as  exempting  the  authority,  its  subsid-
    28  iaries,  or any renewable energy generating projects undertaken pursuant
    29  to this section from the requirements of section  ninety-four-c  of  the
    30  executive  law  respecting  any renewable energy system developed by the
    31  authority or an authority subsidiary after the effective  date  of  this
    32  subdivision that meets the definition of "major renewable energy facili-
    33  ty" as defined in section ninety-four-c of the executive law and section
    34  eight  of  part  JJJ  of chapter fifty-eight of the laws of two thousand
    35  twenty, as it relates to host community benefits, and section  11-0535-c
    36  of the environmental conservation law as it relates to an endangered and
    37  threatened species mitigation bank fund.
    38    (q)  All  renewable  energy generating projects the authority plans to
    39  undertake pursuant to the authority and directive of  paragraph  (a)  of
    40  this subdivision, and identified in the strategic plan, shall be subject
    41  to review and approval of the authority's board of trustees.
    42    § 2. Section 1005 of the public authorities law is amended by adding a
    43  new subdivision 27-b to read as follows:
    44    27-b.  (a) Definitions.  For purposes of this subdivision, the follow-
    45  ing terms shall have the following meanings:
    46    (i)  "bill  credit" means a monthly monetary credit which is funded by
    47  the authority, as further determined by the  public  service  commission
    48  and  appears on the utility bill of a low-income or moderate-income end-
    49  use electricity consumer  located  in  a  disadvantaged  community,  for
    50  renewable   energy  produced  by  renewable  energy  systems  developed,
    51  constructed, owned, or contracted for by  the  power  authority  of  the
    52  state  of  New  York  and  injected  into a distribution or transmission
    53  facility at one or more points in New  York  state,  together  with  any
    54  enhanced  incentive  payments  for  a  community  distributed generation
    55  project serving a disadvantaged community provided for in paragraph  (b)
    56  of  subdivision  seven of section sixty-six-p of the public service law,

        S. 4006--C                         123                        A. 3006--C
 
     1  together with any other funding made available by the authority for such
     2  purposes;
     3    (ii)  "disadvantaged  community" means a community defined as a disad-
     4  vantaged community in accordance with article seventy-five of the  envi-
     5  ronmental conservation law;
     6    (iii)  "jurisdictional  load  serving  entity" has the same meaning as
     7  defined in paragraph (a) of subdivision one of  section  sixty-six-p  of
     8  the public service law;
     9    (iv)  "low-income or moderate-income end-use consumer" shall mean end-
    10  use customers of electric corporations and combination gas and  electric
    11  corporations  regulated by the public service commission whose income is
    12  found to be below the state median income based on household size;
    13    (v) "renewable energy" means electrical energy produced by a renewable
    14  energy system;
    15    (vi) "renewable energy systems" has the same  meaning  as  defined  in
    16  paragraph  (b)  of  subdivision one of section sixty-six-p of the public
    17  service law; and
    18    (vii) "qualified energy  storage  system"  has  the  same  meaning  as
    19  defined in subdivision one of section seventy-four of the public service
    20  law.
    21    (b)  The  authority is authorized and directed, as deemed feasible and
    22  advisable by its trustees, to establish a program, as soon as  practica-
    23  ble,  to  be  known  as  the "renewable energy access and community help
    24  program" or "REACH", that  will  enable  low-income  or  moderate-income
    25  end-use  electricity  consumers  in disadvantaged communities, including
    26  such end-use electricity customers who reside  in  buildings  that  have
    27  on-site  net-metered generation or who participate in a community choice
    28  aggregation or community distributed generation project, unless they opt
    29  out of REACH, to receive bill credits generated  by  the  production  of
    30  renewable  energy by a renewable energy system planned, designed, devel-
    31  oped, financed, constructed, owned, operated, maintained or improved, or
    32  contracted for by the authority as a renewable energy generating project
    33  pursuant to subdivision twenty-seven-a of this section. Such bill  cred-
    34  its  shall  be  in addition to any other renewable energy program or any
    35  other program or benefit that end-use electricity consumers in disadvan-
    36  taged communities receive. For purposes of this subdivision, a renewable
    37  energy system developed, constructed, owned, or contracted  for  by  the
    38  authority  shall be: (i) sized up to and including five megawatts alter-
    39  nating current and interconnected to the distribution system  or  trans-
    40  mission  system  in  the  service territory of the electric utility that
    41  serves the end-use electricity consumers that receive bill  credits;  or
    42  (ii)  sized  above five megawatts alternating current and interconnected
    43  to the distribution  or  transmission  system  at  one  or  more  points
    44  anywhere within the state.
    45    (c)  For  purposes  of implementing REACH, the authority is authorized
    46  and directed, as deemed feasible and advisable by the trustees, to:
    47    (i) pursuant to the authority provided in paragraph (a) of subdivision
    48  twenty-seven-a of this section, develop, construct, own, and/or  operate
    49  renewable energy generating projects;
    50    (ii)  contract  for  the development, construction and/or operation of
    51  renewable energy systems;
    52    (iii) sell, purchase, and otherwise contract regarding renewable ener-
    53  gy, renewable energy credits or attributes and other energy products and
    54  services generated by renewable energy generating projects; and
    55    (iv) enter into contracts for purposes of implementing REACH,  includ-
    56  ing  but not limited to agreements with developers, owners and operators

        S. 4006--C                         124                        A. 3006--C
 
     1  of renewable energy systems, and  agreements  with  jurisdictional  load
     2  serving  entities  and  the  Long Island power authority, or its service
     3  provider, to provide for bill credits to end-use  electricity  consumers
     4  in  disadvantaged communities for renewable energy produced by renewable
     5  energy systems, upon terms and conditions approved by the public service
     6  commission pursuant to subdivisions seven and eight  of  section  sixty-
     7  six-p of the public service law.
     8    (d)  The  authority  shall  complete and submit a report, on or before
     9  January thirty-first, two thousand twenty-five, and annually thereafter,
    10  to the governor, the speaker of the assembly, the temporary president of
    11  the senate, the minority leader of the assembly, and the minority leader
    12  of the senate which shall be posted  on  the  authority's  website,  and
    13  shall include, but not be limited to:
    14    (i)  contracts  entered  into  by  the  authority for the development,
    15  construction and/or operation  of  renewable  energy  systems  that  are
    16  intended  in whole or in part to support REACH, and the planned location
    17  of such projects;
    18     (ii) renewable energy systems that are being planned and developed or
    19  that have been developed by or for the authority that  are  intended  in
    20  whole or in part to support REACH, and the location of such projects;
    21    (iii)  an estimate of the aggregate amount of bill credits provided to
    22  end-use electricity consumers in disadvantaged communities under REACH;
    23    (iv) an estimate of: (A) the total amount of revenues  generated  from
    24  the sale of renewable capacity, energy, renewable credits or attributes,
    25  and  related  ancillary services that are used to fund bill credits; and
    26  (B) any other authority funds, as determined to be feasible  and  advis-
    27  able  by  the trustees, the authority has contributed for the purpose of
    28  funding bill credits under REACH;
    29    (v) the amount of energy produced by each facility; and
    30    (vi) the kilowatt-hour sales by project.
    31    (e) The authority may request from any department,  division,  office,
    32  commission  or  other agency of the state or any state public authority,
    33  and the same are authorized to provide, such  assistance,  services  and
    34  data as may be required by the authority in carrying out the purposes of
    35  this subdivision.
    36    (f)  Within  one  year  of the effective date of this subdivision, the
    37  authority shall issue a report to  the  governor,  the  speaker  of  the
    38  assembly,  the temporary president of the senate, the minority leader of
    39  the assembly, and the minority leader of the senate that  addresses  the
    40  feasibility  and advisability of implementing a program similar to REACH
    41  for the purpose of providing bill credits to low-income or  moderate-in-
    42  come  end-use electricity consumers located in disadvantaged communities
    43  in the service territories of municipal distribution utilities and rural
    44  electric cooperatives located in  New  York  state.  The  authority  may
    45  confer  with  any municipal distribution utility or its representatives,
    46  and any rural electric  cooperative  or  its  representatives,  and  may
    47  request  from any municipal distribution utility, rural electric cooper-
    48  ative, department, division, office, commission or other agency  of  the
    49  state or state public authority, and the same are authorized to provide,
    50  such  assistance,  services and data as may be required by the authority
    51  to complete the report.
    52    (g) Nothing in this subdivision shall be construed as authorizing  any
    53  private  entity that enters into a public-private partnership or a simi-
    54  lar agreement, or any contract authorized herein, with the authority  or
    55  an  authority  subsidiary,  to receive, exercise or claim entitlement to

        S. 4006--C                         125                        A. 3006--C
 
     1  any of the privileges, immunities, tax exemptions or other exemptions of
     2  the authority or any authority subsidiary.
     3    § 3. Subdivision 1 of section 66-p of the public service law, as added
     4  by chapter 106 of the laws of 2019, is amended to read as follows:
     5    1. As used in this section:
     6    (a)  "jurisdictional  load serving entity" means any entity subject to
     7  the jurisdiction of the commission that  secures  energy  to  serve  the
     8  electrical   energy  requirements  of  end-use  customers  in  New  York
     9  state[;].
    10    (b) "renewable energy systems" means systems that generate electricity
    11  or thermal energy through use of the following technologies: solar ther-
    12  mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal
    13  electric, geothermal ground source  heat,  tidal  energy,  wave  energy,
    14  ocean  thermal,  and  fuel  cells  which  do  not  utilize a fossil fuel
    15  resource in the process of generating electricity.
    16    (c) "bill credit" shall have the same meaning as in  subparagraph  (i)
    17  of  paragraph  (a) of subdivision twenty-seven-b of section one thousand
    18  five of the public authorities law.
    19    (d) "disadvantaged community" means a community defined as a disadvan-
    20  taged community under article seventy-five of the environmental  conser-
    21  vation law.
    22    (e) "renewable energy" means electrical energy produced by a renewable
    23  energy system.
    24    (f)  "low-income  or moderate-income end-use consumer" shall mean end-
    25  use customers of electric corporations and combination gas and  electric
    26  corporations  regulated by the public service commission whose income is
    27  found to be below the state median income based on household size.
    28    § 4. Section 66-p of the public service law is amended by adding a new
    29  subdivision 8 to read as follows:
    30    8. The power authority of the state of New York shall, no  later  than
    31  twelve months after the effective date of this subdivision, file a peti-
    32  tion   to   commence,  and  the  commission  shall  commence,  necessary
    33  proceedings to enable the power authority of the state of  New  York  to
    34  provide bill credits from renewable energy generating projects under the
    35  renewable  energy  access and community help program, or "REACH", estab-
    36  lished pursuant to subdivision twenty-seven-b of  section  one  thousand
    37  five  of  the  public  authorities law, to low-income or moderate-income
    38  end-use electricity consumers in disadvantaged communities for renewable
    39  energy produced  by  renewable  energy  generating  projects  developed,
    40  constructed,  owned,  or  contracted  for  by the power authority of the
    41  state of New York pursuant to subdivision twenty-seven-a of section  one
    42  thousand five of the public authorities law.  Such bill credits shall be
    43  in  addition  to any other renewable energy program or any other program
    44  or  benefit  that  low-income  or  moderate-income  end-use  electricity
    45  consumers in disadvantaged communities receive, and any other incentives
    46  made  available  by  the  power  authority of the state of New York. For
    47  purposes of this  subdivision,  a  renewable  energy  system  developed,
    48  constructed, owned, or contracted for by the authority shall be:
    49    (a)  sized  up to and including five megawatts alternating current and
    50  interconnected to the distribution system or transmission system in  the
    51  service  territory of the electric utility that serves the low-income or
    52  moderate-income end-use consumers that receive bill credits; or
    53    (b) sized above five megawatts alternating current and  interconnected
    54  to  the  distribution  or  transmission  system  at  one  or more points
    55  anywhere in New York state.  The commission shall, after  public  notice
    56  and comment, establish such programs implementing REACH which:

        S. 4006--C                         126                        A. 3006--C
 
     1    (i) provide that jurisdictional load serving entities shall enter into
     2  agreements  with  the  power authority of the state of New York to carry
     3  out REACH;
     4    (ii)  provide  that  jurisdictional  load  serving entities shall file
     5  tariffs and other solutions determined by the  commission  to  implement
     6  REACH  at  a  reasonable  cost while ensuring safe and reliable electric
     7  service;
     8    (iii) provide that, unless they opt out, low-income or moderate-income
     9  end-use electricity consumers in  disadvantaged  communities,  including
    10  such  end-use  electricity customers who have or who reside in buildings
    11  that have on-site net-metered generation or who participate in a  commu-
    12  nity  choice  aggregation  or  community distributed generation project,
    13  shall receive bill credits for renewable energy produced by a  renewable
    14  energy  system  developed,  constructed, owned, or contracted for by the
    15  power authority of the state of New York pursuant to  subdivision  twen-
    16  ty-seven-a of section one thousand five of the public authorities law;
    17    (iv)  consider  enhanced incentive payments in bill credits to low-in-
    18  come or moderate-income end-use electricity consumers  in  disadvantaged
    19  communities  for  renewable energy systems including solar and community
    20  distributed generation projects as provided  for  in  paragraph  (b)  of
    21  subdivision seven of this section;
    22    (v)  to  the  extent  practicable  include energy storage in renewable
    23  energy systems to deliver clean energy benefits to low-income or  moder-
    24  ate-income end-use electricity consumers in disadvantaged communities as
    25  provided  for  in  paragraphs  (a)  and (b) of subdivision seven of this
    26  section; and
    27    (vi) address recovery by jurisdictional load serving entities of their
    28  prudently incurred costs of  administering  REACH  in  electric  service
    29  delivery  rates  of the utility in whose service territory low-income or
    30  moderate-income end-use electricity consumers in a disadvantaged  commu-
    31  nity participate in REACH.
    32    § 5. Section 1005 of the public authorities law is amended by adding a
    33  new subdivision 27-c to read as follows:
    34    27-c.  (a) Within two years of the effective date of this subdivision,
    35  the authority shall publish a plan providing for the proposed phase out,
    36  by December thirty-first, two thousand  thirty,  of  the  production  of
    37  electric energy from its small natural gas power plants.  The plan shall
    38  include  a  proposed  strategy  to replace, where appropriate, the small
    39  natural gas power plants with renewable energy systems,  as  defined  in
    40  section sixty-six-p of the public service law, including renewable ener-
    41  gy generating projects authorized pursuant to subdivision twenty-seven-a
    42  of  this section provided such projects shall be included in the strate-
    43  gic plan established pursuant  to  subdivision  twenty-seven-a  of  this
    44  section.    By December thirty-first, two thousand thirty, the authority
    45  shall cease production of electricity at each of its small  natural  gas
    46  power  plants  should the authority determine that such plant or plants,
    47  or the electricity production therefrom are not needed for  any  of  the
    48  following purposes: (i) emergency power service; or (ii) electric system
    49  reliability, including but not limited to, operating facilities to main-
    50  tain  power  system  requirements  for  facility thermal limits, voltage
    51  limits, frequency limits, fault current duty limits, or dynamic stabili-
    52  ty limits, in accordance with the system reliability  standards  of  the
    53  North  American electric reliability corporation, criteria of the north-
    54  east power coordinating council, rules of the New York state reliability
    55  council, and as applicable, reliability rules of the  utility  in  whose
    56  service  territory  a small natural gas power plant is located. Notwith-

        S. 4006--C                         127                        A. 3006--C
 
     1  standing any other  provision  of  this  paragraph,  the  authority  may
     2  continue  to  produce  electric  energy  at any of the small natural gas
     3  power plants if existing or proposed  replacement  generation  resources
     4  would  result  in  more  than  a de minimis net increase of emissions of
     5  carbon dioxide or criteria air pollutants within a disadvantaged  commu-
     6  nity  as  defined in subdivision five of section 75-0101 of the environ-
     7  mental conservation law. The authority shall file  deactivation  notices
     8  with  the  federally  designated  electric  bulk system operator for the
     9  state of New York for the purpose of ceasing electricity production from
    10  the small natural gas power plants in a timeframe sufficient to  facili-
    11  tate the cessation of electricity production pursuant to this paragraph.
    12    (b)  In  determining  whether to cease electricity production from any
    13  small natural gas power plant, the authority  is  authorized  to  confer
    14  with  the  federally  designated  electric  bulk system operator for the
    15  state, the New York state energy research and development authority, the
    16  department of public service, and  the  distribution  utility  in  whose
    17  service  territory such small natural gas power plant operates, in addi-
    18  tion to such other stakeholders as the authority determines to be appro-
    19  priate.  Determinations shall be on a plant by plant basis,  be  updated
    20  no  less than every two years, and be made publicly available along with
    21  the supporting documentation on which the determination  was  based.  In
    22  making  such  determinations, the authority shall provide an opportunity
    23  for public comment of not less than sixty days prior to the public hear-
    24  ing and shall hold at least one public hearing in the affected  communi-
    25  ty.
    26    (c) Nothing in this subdivision is intended to, nor shall be construed
    27  to,  prohibit  the authority in its discretion from using, or permitting
    28  the use of, including through lease, sale,  or  other  arrangement,  any
    29  small  natural  gas power plant or its site or associated infrastructure
    30  in whole or in part for electric system purposes that does  not  involve
    31  the  combustion of fossil fuels, including, but not limited to providing
    32  system voltage support, energy storage, interconnection of  existing  or
    33  new  renewable generation, or the use of the generator step up transfor-
    34  mers and substations for transmission or distribution purposes  provided
    35  that  such  use,  lease,  sale,  or  other arrangement shall comply with
    36  existing law.
    37    (d) For purposes of this subdivision,  the  term  "small  natural  gas
    38  power  plant"  or  "plant"  means  each of the seven electric generating
    39  power plants owned and operated by the authority located at six sites in
    40  Bronx, Brooklyn, Queens and Staten Island and  one  site  in  Brentwood,
    41  Suffolk  county,  which  each  use  one  or more simple cycle combustion
    42  turbine units, totaling eleven units, fueled by natural  gas  and  which
    43  typically operate during periods of peak electric system demand.
    44    § 6. Section 1020-f of the public authorities law, as added by chapter
    45  517  of the laws of 1986, is amended by adding a new subdivision (jj) to
    46  read as follows:
    47    (jj) As deemed feasible and advisable by the trustees, to  enter  into
    48  contracts  with  the  power  authority  of the state of New York for the
    49  provision of bill credits generated by the production of renewable ener-
    50  gy by a  renewable  energy  system  developed,  constructed,  owned,  or
    51  contracted for by the power authority of the state of New York under the
    52  renewable  energy access and community help program established pursuant
    53  to subdivision twenty-seven-b of section one thousand five of this arti-
    54  cle and, unless such end-use electricity consumers opt out,  to  provide
    55  such  bill  credits to low-income or moderate-income end-use electricity
    56  consumers in disadvantaged communities, including such end-use electric-

        S. 4006--C                         128                        A. 3006--C
 
     1  ity customers who have or who reside  in  buildings  that  have  on-site
     2  net-metered  generation  or who participate in a community choice aggre-
     3  gation or community distributed generation project.
     4    § 7. Section 1005 of the public authorities law is amended by adding a
     5  new subdivision 27-d to read as follows:
     6    27-d.  Beginning  in  state  fiscal year two thousand twenty-four--two
     7  thousand twenty-five, the authority is authorized,  as  deemed  feasible
     8  and  advisable  by the trustees, to make available an amount up to twen-
     9  ty-five million dollars annually to the  department  of  labor  to  fund
    10  programs  established  or  implemented  by  or  within the department of
    11  labor, including but not limited to the office of  just  transition  and
    12  programs  for  workforce training and retraining, to prepare workers for
    13  employment for work in the renewable energy field.
    14    § 8. Paragraph (a) and subparagraph 1 of paragraph (b) of  subdivision
    15  13-b  of section 1005 of the public authorities law, as added by section
    16  4 of part CC of chapter 60 of the laws of 2011, are amended to  read  as
    17  follows:
    18    (a)  Residential  consumer  electricity cost discount. Notwithstanding
    19  any provision of this title or article six of the  economic  development
    20  law to the contrary, the authority is authorized, as deemed feasible and
    21  advisable  by  the trustees, to use revenues from the sale of hydroelec-
    22  tric power, and such other funds of the authority as deemed feasible and
    23  advisable by the trustees, to fund monthly payments to be made  for  the
    24  benefit of such classes of electricity consumers as enjoyed the benefits
    25  of authority hydroelectric power withdrawn pursuant to subdivision thir-
    26  teen-a  of  this  section,  for  the purpose of mitigating price impacts
    27  associated with the reallocation of such power in the  manner  described
    28  in  this  subdivision.   Such monthly payments shall commence after such
    29  hydroelectric power is withdrawn and shall cease August first, two thou-
    30  sand twenty-three.  The total annual amount of monthly payments for each
    31  of the three twelve month periods following withdrawal of such  [hyrdoe-
    32  lectric]  hydroelectric  power shall be one hundred million dollars. The
    33  total annual amount of monthly payments for each of the  two  subsequent
    34  twelve  month periods shall be seventy million dollars and fifty million
    35  dollars, respectively. Thereafter, the total annual  amount  of  monthly
    36  payments  for  each  twelve month period through the final period ending
    37  August first, two thousand twenty-three shall be thirty million dollars.
    38  The total amount of monthly payments shall be apportioned by the author-
    39  ity among the utility corporations that, prior to the effective date  of
    40  this  subdivision, purchased such hydroelectric power for the benefit of
    41  their domestic and rural consumers according to the relative amounts  of
    42  such power purchased by such corporations. The monthly payments shall be
    43  credited  to  the  electricity  bills of such corporations' domestic and
    44  rural consumers in a manner to  be  determined  by  the  public  service
    45  commission  of the state of New York. The monthly credit provided by any
    46  such corporation to any one consumer shall not exceed the total  monthly
    47  electric utility cost incurred by such consumer.
    48    (1)  Beginning  with  the second twelve month period after such hydro-
    49  electric power is withdrawn, up to eight million dollars of the residen-
    50  tial consumer electricity cost discount established by paragraph (a)  of
    51  this subdivision shall be dedicated for monthly payments to agricultural
    52  producers who receive electric service at the residential rate, provided
    53  that  in the final twelve month period ending August first, two thousand
    54  twenty-three, the amount dedicated for agricultural producers shall  not
    55  exceed twenty percent of the amount made available for the overall resi-
    56  dential  consumer electricity cost discount. The total amount of monthly

        S. 4006--C                         129                        A. 3006--C
 
     1  payments shall be apportioned by the authority among the utility  corpo-
     2  rations  in  the same manner as they are apportioned in paragraph (a) of
     3  this subdivision. Monthly payments shall be credited to the  electricity
     4  bills  of  such  corporations'  agricultural consumers in a manner to be
     5  determined by the public service commission of the state  of  New  York.
     6  The  combined  monthly credit, under this paragraph and paragraph (a) of
     7  this subdivision, provided by any such corporation to any  one  consumer
     8  shall  not  exceed  the  total monthly electric utility cost incurred by
     9  such consumer.
    10    § 9. Subdivision 13-b of section 1005 of the public  authorities  law,
    11  as  added  by  section  4  of part CC of chapter 60 of the laws of 2011,
    12  paragraph (a) and subparagraph 1 of paragraph (b) as amended by  section
    13  eight of this act, is amended to read as follows:
    14    13-b. [Residential consumer discount programs. (a) Residential consum-
    15  er  electricity  cost  discount.  Notwithstanding  any provision of this
    16  title or article six of the economic development law  to  the  contrary,
    17  the  authority  is  authorized,  as deemed feasible and advisable by the
    18  trustees, to use revenues from the sale of hydroelectric power, and such
    19  other funds of the authority as deemed feasible  and  advisable  by  the
    20  trustees,  to  fund  monthly payments to be made for the benefit of such
    21  classes of electricity consumers as enjoyed the  benefits  of  authority
    22  hydroelectric power withdrawn pursuant to subdivision thirteen-a of this
    23  section, for the purpose of mitigating price impacts associated with the
    24  reallocation  of such power in the manner described in this subdivision.
    25  Such monthly payments shall commence after such hydroelectric  power  is
    26  withdrawn  and shall cease August first, two thousand twenty-three.  The
    27  total annual amount of monthly payments for each  of  the  three  twelve
    28  month  periods following withdrawal of such hydroelectric power shall be
    29  one hundred million dollars. The total annual amount of monthly payments
    30  for each of the two subsequent twelve month  periods  shall  be  seventy
    31  million dollars and fifty million dollars, respectively. Thereafter, the
    32  total  annual  amount  of  monthly payments for each twelve month period
    33  through the final period ending August first, two thousand  twenty-three
    34  shall  be  thirty  million dollars. The total amount of monthly payments
    35  shall be apportioned by the authority  among  the  utility  corporations
    36  that,  prior  to  the effective date of this subdivision, purchased such
    37  hydroelectric power for the benefit of their domestic and rural  consum-
    38  ers  according  to  the relative amounts of such power purchased by such
    39  corporations. The monthly payments shall be credited to the  electricity
    40  bills  of such corporations' domestic and rural consumers in a manner to
    41  be determined by the public service commission of the state of New York.
    42  The monthly credit provided by any such corporation to any one  consumer
    43  shall  not  exceed  the  total monthly electric utility cost incurred by
    44  such consumer.
    45    (b)] Agricultural consumer electricity cost discount.  (1)  [Beginning
    46  with  the  second  twelve month period after such hydroelectric power is
    47  withdrawn, up to eight million dollars of the residential consumer elec-
    48  tricity cost discount established by paragraph (a) of  this  subdivision
    49  shall  be  dedicated  for monthly payments to agricultural producers who
    50  receive electric service at the residential rate, provided that  in  the
    51  final  twelve  month  period  ending  August first, two thousand twenty-
    52  three, the amount dedicated for agricultural producers shall not  exceed
    53  twenty  percent of the amount made available for the overall residential
    54  consumer electricity cost discount. The total amount of monthly payments
    55  shall be apportioned by the authority among the utility corporations  in
    56  the  same manner as they are apportioned in paragraph (a) of this subdi-

        S. 4006--C                         130                        A. 3006--C

     1  vision. Monthly payments shall be credited to the electricity  bills  of
     2  such  corporations'  agricultural consumers in a manner to be determined
     3  by the public service commission of the state of New York. The  combined
     4  monthly  credit, under this paragraph and paragraph (a) of this subdivi-
     5  sion, provided by any such corporation to any  one  consumer  shall  not
     6  exceed  the total monthly electric utility cost incurred by such consum-
     7  er.] Notwithstanding any provision of this title or article six  of  the
     8  economic  development  law to the contrary, the authority is authorized,
     9  beginning in two thousand twenty-four, as deemed feasible and  advisable
    10  by  the  trustees, to use revenues from the sale of hydroelectric power,
    11  and such other funds of the authority as deemed feasible  and  advisable
    12  by  the trustees, to fund monthly payments to be made for the benefit of
    13  agricultural producers who receive electric service at  the  residential
    14  rate who enjoyed the benefits of authority hydroelectric power withdrawn
    15  pursuant  to subdivision thirteen-a of this section, and who were previ-
    16  ously eligible to receive benefits under the agricultural consumer elec-
    17  tricity cost discount created by section four  of  part  CC  of  chapter
    18  sixty  of the laws of two thousand eleven, for the purpose of mitigating
    19  price impacts associated with the reallocation  of  such  power  in  the
    20  manner  described  in  this  subdivision.  Such  monthly  payments shall
    21  commence September first, two thousand  twenty-four.  The  total  annual
    22  amount of monthly payments shall not exceed five million dollars.
    23    (2)  The  authority  shall  work  cooperatively with the department of
    24  public service to evaluate the agricultural  consumer  electricity  cost
    25  discount,  which  shall include an assessment of the benefits to recipi-
    26  ents compared to the benefits the recipients received from the  authori-
    27  ty's  hydroelectric  power, withdrawn pursuant to subdivision thirteen-a
    28  of this section, during the twelve month period ending December  thirty-
    29  first,  two  thousand  ten, and compared to other agricultural consumers
    30  that did not choose to receive the discount.
    31    [(c)] (b) Energy efficiency program. (1) Beginning with the withdrawal
    32  of such hydroelectric power, the authority or the New York state  energy
    33  research  and  development authority, shall conduct an energy efficiency
    34  program for five years to provide energy efficiency improvements for the
    35  purpose of reducing energy consumption for domestic and rural consumers.
    36  Such energy efficiency program may be  undertaken  in  cooperation  with
    37  other  energy efficiency programs offered by utility corporations, state
    38  agencies and authorities including but not limited to the New York state
    39  energy research and development authority; provided however that  energy
    40  savings  attributable to such other energy efficiency programs shall not
    41  be included in determining the amount of energy saved  pursuant  to  the
    42  program established by this paragraph;
    43    (2)  The  authority or the New York state energy research and develop-
    44  ment authority shall annually post on their website a report  evaluating
    45  the  energy efficiency program, including but not limited to, the number
    46  of domestic and rural consumers who opted to participate in the  program
    47  and,  if  practicable,  the  estimated  savings  the  domestic and rural
    48  consumers received by participating in the energy efficiency program.
    49    § 10. Nothing in this act is intended to limit, impair, or affect  the
    50  legal  authority  of  the Power Authority of the State of New York under
    51  any other provision of law.
    52    § 11. Severability. If any word, phrase, clause, sentence,  paragraph,
    53  section, or part of this act shall be adjudged by any court of competent
    54  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    55  invalidate the remainder thereof, but shall be confined in its operation
    56  to the word, phrase, clause, sentence, paragraph, section, or part ther-

        S. 4006--C                         131                        A. 3006--C
 
     1  eof directly involved in the controversy in which  such  judgment  shall
     2  have been rendered.
     3    §  12. This act shall take effect immediately; provided, however, that
     4  section nine of this act shall take effect January 1, 2024.
 
     5                                   PART RR
 
     6    Section 1. Subdivision 6 of section 11-104 of the energy law, as added
     7  by chapter 374 of the laws of 2022, is amended and two new  subdivisions
     8  7 and 8 are added to read as follows:
     9    6.  (a) To the fullest extent feasible, the standards for construction
    10  of buildings in the code shall be designed to help achieve  the  state's
    11  clean energy and climate agenda, including but not limited to greenhouse
    12  gas  reduction,  set forth within chapter one hundred six of the laws of
    13  two thousand nineteen, also known as the New York state climate  leader-
    14  ship  and community protection act, and as further identified by the New
    15  York state  climate  action  council  established  pursuant  to  section
    16  75-0103 of the environmental conservation law.
    17    (b)  In addition to the foregoing, to support the goal of zero on-site
    18  greenhouse gas emissions and help achieve the state's clean  energy  and
    19  climate  agenda,  including  but not limited to greenhouse gas reduction
    20  requirements set forth within chapter one hundred six of the laws of two
    21  thousand nineteen, also known as the New York state  climate  leadership
    22  and  community  protection act, the code shall prohibit the installation
    23  of fossil-fuel equipment and building systems, in any new  building  not
    24  more than seven stories in height, except for a new commercial or indus-
    25  trial  building  greater than one hundred thousand square feet in condi-
    26  tioned floor area, on or after December thirty-first, two thousand twen-
    27  ty-five, and the code shall prohibit  the  installation  of  fossil-fuel
    28  equipment  and  building  systems,  in  all new buildings after December
    29  thirty-first, two thousand twenty-eight.
    30    7. (a) The provisions set forth in paragraph (b) of subdivision six of
    31  this section shall not be construed as applying  to  buildings  existing
    32  prior to the effective date of the applicable prohibition, including to:
    33    (i)  the  repair, alteration, addition, relocation, or change of occu-
    34  pancy or use of such buildings; and
    35    (ii) the installation or continued use and maintenance of  fossil-fuel
    36  equipment  and  building systems, including as related to cooking equip-
    37  ment, in any such buildings.
    38    (b) In addition, in effectuating the provisions set forth in paragraph
    39  (b) of subdivision six of this section the code shall include exemptions
    40  for the purposes of allowing the installation  and  use  of  fossil-fuel
    41  equipment and building systems where such are installed and used:
    42    (i)  for  generation  of  emergency  back-up  power  and standby power
    43  systems;
    44    (ii) in a manufactured home as defined in subdivision seven of section
    45  six hundred one of the executive law; or
    46    (iii) in a building or part of a building that is used as  a  manufac-
    47  turing  facility,  commercial  food establishment, laboratory, car wash,
    48  laundromat, hospital, other medical facility,  critical  infrastructure,
    49  including but not limited to emergency management facilities, wastewater
    50  treatment  facilities, and water treatment and pumping facilities, agri-
    51  cultural building, fuel cell system, or crematorium, as such  terms  are
    52  defined by the code council.
    53    (c)  Where the code includes an allowed exemption pursuant to subpara-
    54  graph (i) or (iii) of paragraph (b)  of  this  subdivision,  other  than

        S. 4006--C                         132                        A. 3006--C
 
     1  agricultural  buildings  as defined by the council, such exemption shall
     2  include provisions that, to the fullest extent feasible, limit  the  use
     3  of  fossil-fuel equipment and building systems to the system and area of
     4  the building for which a prohibition on fossil-fuel equipment and build-
     5  ing  systems  is  infeasible;  require  the area or service within a new
     6  building where fossil-fuel equipment and building systems are  installed
     7  be electrification ready, except with respect to servicing manufacturing
     8  or  industrial  processes;  and  minimize emissions from the fossil-fuel
     9  equipment and building systems that are allowed  to  be  used,  provided
    10  that  the provisions set forth in this paragraph do not adversely affect
    11  health, safety, security, or fire protection.  Financial  considerations
    12  shall  not be sufficient basis to determine physical or technical infea-
    13  sibility.
    14    (d) Exemptions included in the code pursuant to this subdivision shall
    15  be periodically reviewed by the state fire prevention and building  code
    16  council  to  assure  that  they  continue  to effectuate the purposes of
    17  subdivision six of this section to the fullest extent feasible.
    18    (e) The code shall allow for exemption of a new building  construction
    19  project  that  requires  an  application  for  new  or expanded electric
    20  service, pursuant to subdivision one of section thirty-one of the public
    21  service law and/or section twelve  of  the  transportation  corporations
    22  law,  when electric service cannot be reasonably provided by the grid as
    23  operated by the local electric corporation or municipality  pursuant  to
    24  subdivision  one  of  section  sixty-five  of  the  public  service law;
    25  provided, however, that the public service  commission  shall  determine
    26  reasonableness  for purposes of this exemption. For the purposes of this
    27  paragraph, "grid" shall have the same  meaning  as  electric  plant,  as
    28  defined in subdivision twelve of section two of the public service law.
    29    8. For the purposes of this section:
    30    (a) "Fossil-fuel equipment and building systems" shall mean (i) equip-
    31  ment,  as  such  term is defined in section 11-102 of this article, that
    32  uses fossil-fuel for combustion;  or  (ii)  systems,  other  than  items
    33  supporting  an  industrial  or  commercial process as referred to in the
    34  definition of equipment in section 11-102 of the energy law,  associated
    35  with a building that will be used for or to support the supply, distrib-
    36  ution, or delivery of fossil-fuel for any purpose, other than for use by
    37  motor vehicles.
    38    (b)  "Electrification ready" means the new building or portion thereof
    39  where fossil-fuel equipment and building systems are allowed to be  used
    40  which  contains  electrical  systems and designs that provide sufficient
    41  capacity for a future replacement  of  such  fossil-fuel  equipment  and
    42  building  systems  with  electric-powered  equipment,  including but not
    43  limited to sufficient space, drainage, electrical  conductors  or  race-
    44  ways,  bus  bar  capacity,  and  overcurrent protective devices for such
    45  electric-powered equipment.
    46    § 2. Section 371 of the executive law, as added by chapter 707 of  the
    47  laws of 1981, is amended to read as follows:
    48    § 371. Statement of legislative findings and purposes. 1. The legisla-
    49  ture hereby finds and declares that:
    50    a. The present level of loss of life, injury to persons, and damage to
    51  property  as  a result of fire demonstrates that the people of the state
    52  have yet to receive the basic level of  protection  to  which  they  are
    53  entitled  in  connection with the construction and maintenance of build-
    54  ings;
    55    b. There does not exist for all areas of the state a single, adequate,
    56  enforceable code establishing minimum standards for fire protection  and

        S. 4006--C                         133                        A. 3006--C
 
     1  construction,  maintenance  and  use of materials in buildings. Instead,
     2  there exists a multiplicity of codes and requirements for various  types
     3  of  buildings  administered at various levels of state and local govern-
     4  ment.  There  are, in addition, extensive areas of the state in which no
     5  code at all is in effect for the general benefit of the  people  of  the
     6  state;
     7    c.  The  present system of enforcement of fire protection and building
     8  construction codes is characterized by  a  lack  of  adequately  trained
     9  personnel,  as  well  as  inconsistent  qualifications for personnel who
    10  administer and enforce those codes;
    11    d. Whether because of the absence of applicable codes, inadequate code
    12  provisions or inadequate enforcement of codes, the threat to the  public
    13  health  and  safety  posed by fire remains a real and present danger for
    14  the people of the state; and
    15    e. The multiplicity of fire protection and building construction  code
    16  requirements  poses  an  additional  problem for the people of the state
    17  since it increases the cost of doing business in the state by perpetuat-
    18  ing multiple requirements, jurisdictional overlaps and  business  uncer-
    19  tainties,   and,  in  some  instances,  by  artificially  inducing  high
    20  construction costs.
    21    2. The legislature declares that it shall be the public policy of  the
    22  state of New York to:
    23    a.  Immediately  provide  for  a  minimum level of protection from the
    24  hazards of fire in every part of the state;
    25    b. Provide for the promulgation of a uniform code addressing  building
    26  construction  and  fire  prevention  in order to provide a basic minimum
    27  level of protection to all people of the state from hazards of fire  and
    28  inadequate  building construction. In providing for such a uniform code,
    29  it is declared to be the policy of the state of New York to:
    30    (1) reconcile the myriad existing and  potentially  conflicting  regu-
    31  lations which apply to different types of buildings and occupancies;
    32    (2)  recognize  that  fire  prevention  and  fire prevention codes are
    33  closely related to the adequacy of building construction codes, that the
    34  greatest portion of a  building  code's  requirements  are  fire  safety
    35  oriented,  and  that  fire prevention and building construction concerns
    36  should be the subject of a single code;
    37    (3) recognize that the decarbonization of new and  existing  buildings
    38  is  closely  related  to  the state's clean energy and climate agenda as
    39  described in the New York climate leadership  and  community  protection
    40  act  set  forth  in  chapter one hundred six of the laws of two thousand
    41  nineteen, and that the uniform code shall enable the state's clean ener-
    42  gy objectives;
    43    (4) place public and private buildings on an equal plane with  respect
    44  to fire prevention and adequacy of building construction;
    45    [(4)]  (5)  require new and existing buildings alike to keep pace with
    46  advances  in  technology  concerning  fire   prevention   and   building
    47  construction,  including,  where appropriate, that provisions apply on a
    48  retroactive basis; and
    49    [(5)] (6) provide protection to both residential  and  non-residential
    50  buildings;
    51    c.  Insure  that the uniform code be in full force and effect in every
    52  area of the state;
    53    d. Encourage local governments to exercise their full powers to admin-
    54  ister and enforce the uniform code; and

        S. 4006--C                         134                        A. 3006--C
 
     1    e. Provide for a uniform, statewide approach to the training and qual-
     2  ification of personnel engaged in the administration and enforcement  of
     3  the uniform code.
     4    § 3. Subdivision 19 of section 378 of the executive law, as renumbered
     5  by  chapter  47  of the laws of 2022, is renumbered subdivision 20 and a
     6  new subdivision 19 is added to read as follows:
     7    19. a. To support the goal of zero on-site  greenhouse  gas  emissions
     8  and  help achieve the state's clean energy and climate agenda, including
     9  but not limited to greenhouse gas reduction requirements set forth with-
    10  in chapter one hundred six of the laws of two  thousand  nineteen,  also
    11  known  as the New York state climate leadership and community protection
    12  act, the uniform code shall prohibit  the  installation  of  fossil-fuel
    13  equipment  and building systems, in any new building not more than seven
    14  stories in height, except for a new commercial  or  industrial  building
    15  greater than one hundred thousand square feet in conditioned floor area,
    16  on  or  after  December  thirty-first, two thousand twenty-five, and the
    17  uniform code shall prohibit the installation  of  fossil-fuel  equipment
    18  and  building systems, in all new buildings on or after December thirty-
    19  first, two thousand twenty-eight.
    20    b. The provisions set forth in paragraph a of this  subdivision  shall
    21  not  be  construed as applying to buildings existing prior to the effec-
    22  tive date of the applicable prohibition, including to:
    23    (i) the repair, alteration, addition, relocation, or change  of  occu-
    24  pancy or use of such buildings; and
    25    (ii)  the installation or continued use and maintenance of fossil-fuel
    26  equipment and building systems, including as related to  cooking  equip-
    27  ment, in any such buildings.
    28    c.  In addition, in effectuating the provisions set forth in paragraph
    29  a of this subdivision the code shall include exemptions for the purposes
    30  of allowing the installation and use of fossil-fuel equipment and build-
    31  ing systems where such systems are installed and used:
    32    (i) for generation  of  emergency  back-up  power  and  standby  power
    33  systems;
    34    (ii) in a manufactured home as defined in subdivision seven of section
    35  six hundred one of the executive law; or
    36    (iii)  in  a building or part of a building that is used as a manufac-
    37  turing facility, commercial food establishment,  laboratory,  car  wash,
    38  laundromat,  hospital,  other medical facility, critical infrastructure,
    39  including but not limited to emergency management facilities, wastewater
    40  treatment facilities, and water treatment and pumping facilities,  agri-
    41  cultural  building,  fuel cell system, or crematorium, as such terms are
    42  defined by the code council.
    43    d. Where the uniform code includes an allowed  exemption  pursuant  to
    44  subparagraph (i) or (iii) of paragraph c of this subdivision, other than
    45  agricultural  buildings  as defined by the council, such exemption shall
    46  include provisions that, to the fullest extent feasible, limit  the  use
    47  of  fossil-fuel equipment and building systems to the system and area of
    48  the building for which a prohibition on fossil-fuel equipment and build-
    49  ing systems is infeasible; except with respect to servicing  manufactur-
    50  ing  or  industrial  processes, require the area or service within a new
    51  building where fossil-fuel equipment and building systems are  installed
    52  be  electrification  ready;  and minimize emissions from the fossil-fuel
    53  equipment and building systems that are allowed  to  be  used,  provided
    54  that  such  provisions do not adversely affect health, safety, security,
    55  or fire protection. Financial considerations  shall  not  be  sufficient
    56  basis to determine physical or technical infeasibility.

        S. 4006--C                         135                        A. 3006--C
 
     1    e.  Exemptions  included in the uniform code pursuant to this subdivi-
     2  sion shall be periodically reviewed by the code council to  assure  that
     3  they continue to effectuate the purposes of paragraph a of this subdivi-
     4  sion and subparagraph three of paragraph b of subdivision two of section
     5  three  hundred  seventy-one of this article to the fullest extent feasi-
     6  ble.
     7    f. The code shall allow for exemption of a new  building  construction
     8  project  that  requires  an  application  for  new  or expanded electric
     9  service, pursuant to subdivision one of section thirty-one of the public
    10  service law and/or section twelve  of  the  transportation  corporations
    11  law,  when electric service cannot be reasonably provided by the grid as
    12  operated by the local electric corporation or municipality  pursuant  to
    13  subdivision  one  of  section  sixty-five  of  the  public  service law;
    14  provided, however, that the public service  commission  shall  determine
    15  reasonableness  for purposes of this exemption. For the purposes of this
    16  paragraph, "grid" shall have the same  meaning  as  electric  plant,  as
    17  defined in subdivision twelve of section two of the public service law.
    18    g. For the purposes of this subdivision:
    19    (i) "Fossil-fuel equipment and building systems" shall mean (A) equip-
    20  ment,  as such term is defined in section 11-102 of the energy law, that
    21  uses fossil-fuel for  combustion;  or  (B)  systems,  other  than  items
    22  supporting  an  industrial  or  commercial process as referred to in the
    23  definition of equipment in section 11-102 of the energy law,  associated
    24  with a building that will be used for or to support the supply, distrib-
    25  ution, or delivery of fossil-fuel for any purpose, other than for use by
    26  motor vehicles.
    27    (ii) "Electrification ready" means the new building or portion thereof
    28  where  fossil-fuel equipment and building systems are allowed to be used
    29  which contains electrical systems and designs  that  provide  sufficient
    30  capacity  for  a  future  replacement  of such fossil-fuel equipment and
    31  building systems with  electric-powered  equipment,  including  but  not
    32  limited  to  sufficient  space, drainage, electrical conductors or race-
    33  ways, bus bar capacity, and  overcurrent  protective  devices  for  such
    34  electric-powered equipment.
    35    § 4. Section 1005 of the public authorities law is amended by adding a
    36  new subdivision 30 to read as follows:
    37    30.  To establish decarbonization action plans for state-owned facili-
    38  ties as provided for in section ninety of the public buildings law,  and
    39  to consult, cooperate, and coordinate with any state entity, as required
    40  or authorized in article four-D of the public buildings law.
    41    §  5.  The public buildings law is amended by adding a new article 4-D
    42  to read as follows:

    43                                 ARTICLE 4-D
    44                  DECARBONIZATION OF STATE-OWNED FACILITIES
    45  Section 90. Definitions.
    46          91. Decarbonization action plans.
    47    § 90. Definitions. As used in this article:
    48    1. "Authority" shall mean the power authority of the state of New York
    49  established under title one of article five of  the  public  authorities
    50  law.
    51    2.  "Decarbonization"  and "decarbonize" means eliminating all on-site
    52  combustion of fossil-fuels and associated co-pollutants with the  excep-
    53  tion  of  back-up  emergency  generators and redundant systems needed to
    54  address public health, safety and security, providing heating and  cool-
    55  ing  through  thermal energy, and thermal energy networks, from non-com-

        S. 4006--C                         136                        A. 3006--C
 
     1  bustion sources, and to the greatest extent feasible  producing  on-site
     2  electricity that is one hundred percent renewable.
     3    3. "Highest-emitting facilities" means state-owned facilities that are
     4  among the highest producers of greenhouse gas emissions and collectively
     5  account  for  at least thirty percent of the greenhouse gas emissions as
     6  recorded by the authority's Build Smart NY program established  pursuant
     7  to Executive Order 88 of 2012.
     8    4.  "Thermal  energy"  shall  have the meaning provided in subdivision
     9  twenty-eight of section two of the public service law.
    10    5. "Thermal energy network" shall have the same meaning as defined  in
    11  subdivision twenty-nine of section two of the public service law.
    12    6.  "State  energy  research and development authority" shall mean the
    13  New York state energy research  and  development  authority  established
    14  under title nine of article eight of the public authorities law.
    15    7.  "State-owned  facilities"  or  "facilities" includes "building" as
    16  defined by section eighty-one of this chapter, "dormitory" as defined by
    17  section three hundred seventy of the education law,  and  "facility"  as
    18  defined by section three hundred seventy of the education law.
    19    § 91. Decarbonization action plans. 1. The authority is hereby author-
    20  ized  and directed to establish decarbonization action plans for fifteen
    21  of the highest-emitting facilities that will serve as a basis for decar-
    22  bonizing the facilities to the maximum extent practicable,  and  subject
    23  to  any  needed  redundant systems and back-up systems needed for public
    24  safety and security. Decarbonization  action  plans  shall  address  the
    25  following matters at a minimum:
    26    (a)  A comprehensive accounting and analysis of all energy uses at the
    27  facilities.
    28    (b) Greenhouse gas and other harmful emissions (e.g., NOx, SOx, parti-
    29  culate matter) resulting from the on-site and source energy usage of the
    30  facilities.
    31    (c) Analysis of the feasibility of using thermal  energy  and  thermal
    32  energy  networks  at the facility, including any anticipated limitations
    33  on the use of thermal energy networks, along with a characterization  of
    34  any  such  limitations, including whether they are permanent, temporary,
    35  or resolvable on a cost-effective basis.
    36    (d) Identification and analysis of  energy  efficiency  measures  that
    37  could be designed and constructed in later decarbonization project phas-
    38  es.
    39    (e)  An  analysis  of the availability and/or feasibility of providing
    40  clean energy through electrification technologies and  associated  elec-
    41  trical  upgrades  to  meet the facility energy needs, as demonstrated by
    42  the reduced load profiles determined to  be  practicable  based  on  the
    43  energy efficiency measures identified, either through on-site generation
    44  and/or other procurement.
    45    (f)  Investigation  of  the  resiliency  and redundant capacity of the
    46  existing critical infrastructure, such as heating,  cooling  and  backup
    47  electrical power systems.
    48    (g)  Identification  of  any  parts  of  the facilities that cannot be
    49  decarbonized, with explanations.
    50    (h) Geotechnical investigations into the on-site potential  for  clean
    51  energy sources, including drilling test geothermal wells as needed.
    52    (i)  Determination  of  the feasibility and advisability of gathering,
    53  combining, or expanding any clean  energy  sources  or  central  thermal
    54  energy networks with neighboring or nearby related state facilities.
    55    (j)  Investigation  of the infrastructure, planning and funding needed
    56  to electrify transportation resources regularly used to serve the facil-

        S. 4006--C                         137                        A. 3006--C
 
     1  ities,    such    as    public    transit,     vehicle     fleets     or
     2  employee/resident/student electric vehicle charging stations.
     3    (k)  An  economic and feasibility analysis based upon the potential to
     4  decarbonize the facility, considering among other things the net present
     5  value of the life cycle cost of the thermal systems  and  other  systems
     6  proposed,  inclusive  of the social cost of carbon, capital expenses for
     7  initial implementation and major equipment replacements, and operational
     8  expenses, including labor costs.
     9    2. The authority shall complete the decarbonization  action  plans  no
    10  later  than January thirty-first, two thousand twenty-six, provided that
    11  such date shall be extended for justifiable delay outside the control of
    12  the authority, including, but not  limited  to,  previously  planned  or
    13  current  major  renovations  or  replacements to the facilities, delayed
    14  permitting or approval by building owners, local authorities,  or  other
    15  essential  parties, external resource bottlenecks, pending or unresolved
    16  investigations into utility grid capacity or similar circumstances where
    17  crucial information is not yet available or determined.  Such  extension
    18  shall  be  limited  to the time necessary to address the factors causing
    19  such delay.
    20    3. The authority shall complete and submit  a  report,  on  or  before
    21  January thirty-first, two thousand twenty-five, and annually thereafter,
    22  to  the  governor, the speaker of the assembly, and the temporary presi-
    23  dent of the senate, and  shall  post  such  report  on  the  authority's
    24  website  so  that  it is accessible for public review. Such report shall
    25  include, but not be limited to: (a) the progress of the  decarbonization
    26  action  plans;  (b)  any  difficulties  in preparing the decarbonization
    27  action plans; and (c) any anticipated delays in completing the decarbon-
    28  ization action plans by January thirty-first, two thousand twenty-seven.
    29    4. The authority is  authorized  to  allocate  up  to  thirty  million
    30  dollars to prepare the decarbonization action plans. The owner or opera-
    31  tor  of  state-owned facilities shall not be responsible for reimbursing
    32  the authority for the costs the authority incurs to establish the decar-
    33  bonization action plans provided for in this section, provided that  the
    34  authority  is  authorized to obtain reimbursement of such costs from any
    35  other available funding sources, and provided further, that  nothing  in
    36  this  subdivision  is  intended  to  limit  the authority from receiving
    37  compensation for any services it provides to any owner  or  operator  of
    38  state-owned  facilities, including services related to implementation of
    39  decarbonization plans and decarbonization projects, on  such  terms  and
    40  conditions as the parties agree.
    41    5.  The  authority  may  ask  and  shall receive from the state energy
    42  research and development authority, the office of general services,  the
    43  state university of New York, the dormitory authority, the department of
    44  environmental  conservation, and any owners and operators of state-owned
    45  facilities, any information or staff technical assistance  necessary  to
    46  carry out its powers and duties under this section.
    47    6.  The  chiller. The state university of New York shall utilize up to
    48  thirty million dollars of the 2023-24 New York state  urban  development
    49  corporation  capital  appropriation  for  the  replacement of absorption
    50  chillers in the central chiller plant of the  state  university  of  New
    51  York at Albany.
    52    7.  Any  project,  including  any  thermal energy project, that may be
    53  funded as a result of a decarbonization action plan  completed  pursuant
    54  to  this  section  shall: (a) be deemed a public work project subject to
    55  article eight of the labor law; (b) require that the component parts  of
    56  any  geothermal  systems  or  any  other  heating or cooling systems are

        S. 4006--C                         138                        A. 3006--C
 
     1  produced or made in whole or substantial part in the United States,  its
     2  territories or possessions, subject to a waiver provision similar to the
     3  one  contained  in  subdivision two of section sixty-six-s of the public
     4  service  law;  (c)  contain a requirement that any public owner or third
     5  party acting on behalf of a public owner  enter  into  a  project  labor
     6  agreement  as defined by section two hundred twenty-two of the labor law
     7  for all construction work; and (d) require  the  payment  of  prevailing
     8  wage  standards consistent with article nine of the labor law for build-
     9  ing services work. Notwithstanding any provision of law to the contrary,
    10  all rights or benefits, including terms and  conditions  of  employment,
    11  and  protection of civil service and collective bargaining status of all
    12  existing public employees and the work jurisdiction, covered job titles,
    13  and work assignments, set forth in the civil service law and  collective
    14  bargaining  agreements  with  labor  organizations  representing  public
    15  employees shall be preserved and protected. Any such project  shall  not
    16  result in the: (i) displacement of any currently employed worker or loss
    17  of  position  (including partial displacement as such a reduction in the
    18  hours of non-overtime work, wages, or employment benefits) or result  in
    19  the impairment of existing collective bargaining agreements; (ii) trans-
    20  fer  of  existing  duties and functions related to maintenance and oper-
    21  ations currently performed by existing employees of authorized  entities
    22  to  a  contracting  entity; or (iii) transfer of future duties and func-
    23  tions ordinarily performed by employees  of  authorized  entities  to  a
    24  contracting entity.
    25    § 6. This act shall take effect immediately.
 
    26                                   PART SS
 
    27    Section  1.  Section  4  of  part LL of chapter 58 of the laws of 2019
    28  amending the public authorities law relating to the provision of renewa-
    29  ble power and energy by the Power Authority of the State of New York  is
    30  amended to read as follows:
    31    §  4.  This act shall take effect immediately; provided, however, that
    32  sections two and three of this act shall expire and be  deemed  repealed
    33  on  June  30, 2033, provided, however, that [the provisions of sections]
    34  subparagraph (2) of paragraph (a) of subdivision 27 of section  1005  of
    35  the  public  authorities law as added by section two [and three] of this
    36  act shall expire on June  30,  2024  when  upon  such  date  [the]  such
    37  provisions  [of  such  sections] shall be deemed repealed, provided that
    38  such repeal shall not affect or impair any act done, any  right,  permit
    39  or  authorization  accrued or acquired, or any liability incurred, prior
    40  to the time such repeal takes effect,  and  provided  further  that  any
    41  project or contract that was awarded by the power authority of the state
    42  of  New  York  prior to such repeal shall be permitted to continue under
    43  this act notwithstanding such repeal.
    44    § 2. This act shall take effect immediately.
 
    45                                   PART TT
 
    46    Section 1. Section 1854 of the public authorities law  is  amended  by
    47  adding three new subdivisions 24, 25 and 26 to read as follows:
    48    24. All revenues generated pursuant to regulations or actions taken by
    49  the  department,  the  authority  or any other state entity, pursuant to
    50  sections 75-0107 and 75-0109  of  the  environmental  conservation  law,
    51  shall    be  placed  into a segregated authority funding account, estab-
    52  lished pursuant to section eighteen hundred fifty-nine  of  this  title,

        S. 4006--C                         139                        A. 3006--C
 
     1  prior  to  programmatic  or  administrative allocation, and shall not be
     2  commingled with other authority funds.
     3    25.  Within thirty days following receipt of revenues generated pursu-
     4  ant to regulations or actions taken by the department, the authority  or
     5  any  other  state entity pursuant to sections 75-0107 and 75-0109 of the
     6  environmental conservation law, the authority shall make  the  following
     7  transfers from such segregated authority funding account:
     8    (a)  Not  less than thirty percent to the New York climate action fund
     9  consumer climate action account established pursuant to section  ninety-
    10  nine-qq of the state finance law;
    11    (b) Up to three percent to the New York climate action fund industrial
    12  small  business  climate  action account established pursuant to section
    13  ninety-nine-qq of the state finance law; and
    14    (c) Not less than sixty-seven percent to the New York  climate  action
    15  fund  climate investment account established pursuant to section ninety-
    16  nine-qq of the state finance law.
    17    26. Climate affordability study. The authority and the  department  of
    18  environmental  conservation,  in  consultation  with the division of the
    19  budget, the department of public service, and the department of taxation
    20  and finance, shall conduct a study and issue a report  with  recommenda-
    21  tions  for  the use of moneys transferred to the consumer climate action
    22  account established pursuant to  section  ninety-nine-qq  of  the  state
    23  finance  law.    Such  report  shall be guided by the final scoping plan
    24  prepared pursuant to section 75-0103 of the  environmental  conservation
    25  law  and  shall consider, among other things: (a) structure and distrib-
    26  ution of benefits in  an  equitable  manner,  accounting  for  potential
    27  disproportionate  impacts  to  low-income  households  and disadvantaged
    28  communities; (b) implementation of a variety of mechanisms to  meet  the
    29  varied  needs  of  the  people  of  the  state, which may include direct
    30  payments, tax credits, transit vouchers, utility  assistance,  or  other
    31  financial  benefits  that  are reasonable and practicable; (c) financial
    32  benefits that ensure that individuals receiving means-tested  government
    33  assistance receive benefits that will not constitute income for purposes
    34  of any such means-tested government assistance programs; and (d) benefit
    35  programs  that  limit  the administrative effort required of recipients.
    36  Such study shall be completed by the  first  of  January,  two  thousand
    37  twenty-four, and shall be delivered to the governor and the legislature.
    38    § 2. The state finance law is amended by adding a new section 99-qq to
    39  read as follows:
    40    §  99-qq. New York climate action fund. 1. There is hereby established
    41  in the joint custody of the commissioner of taxation and finance and the
    42  state comptroller a special fund to be known as the  "New  York  climate
    43  action fund".
    44    2.  The   comptroller   shall   establish   the following separate and
    45  distinct accounts within the New York climate action fund:
    46    (a) consumer climate action account;
    47    (b) industrial small business climate action account; and
    48    (c) climate investment account.
    49    3. (a) The New  York  climate  action  fund  consumer  climate  action
    50  account  shall consist of moneys received by the state pursuant to para-
    51  graph (a) of subdivision twenty-five of section eighteen hundred  fifty-
    52  four  of  the public authorities law, and all other moneys appropriated,
    53  credited, or transferred thereto from any other fund or source  pursuant
    54  to  law.    Moneys  of the account shall be expended for the purposes of
    55  providing benefits to help reduce potential increased costs  of  various
    56  goods and services to consumers in the state.

        S. 4006--C                         140                        A. 3006--C

     1    (b) The New York climate action fund industrial small business climate
     2  action account shall consist of moneys received by the state pursuant to
     3  paragraph  (b)  of  subdivision  twenty-five of section eighteen hundred
     4  fifty-four of the public authorities law, and all other moneys appropri-
     5  ated,  credited,  or  transferred  thereto from any other fund or source
     6  pursuant to law. Moneys  of  the  account  shall  be  expended  for  the
     7  purposes  of providing benefits to help reduce potential increased costs
     8  of various goods and services to industrial  small  businesses  incorpo-
     9  rated, formed or organized, and doing business in the state of New York.
    10    (c)  The New York climate action fund climate investment account shall
    11  consist of moneys received by the state pursuant  to  paragraph  (c)  of
    12  subdivision  twenty-five  of  section eighteen hundred fifty-four of the
    13  public authorities law, and all other moneys appropriated, credited,  or
    14  transferred thereto from any  other  fund  or  source pursuant  to  law.
    15  Moneys   of   the   account  shall be made available for the purposes of
    16  assisting the state in transitioning to a less carbon intensive economy,
    17  including but not limited to: (i) purposes which are consistent with the
    18  general findings of  the  scoping  plan  prepared  pursuant  to  section
    19  75-0103  of  the environmental conservation law; (ii) administrative and
    20  implementation costs, auction design and support costs, program  design,
    21  evaluation,  and other associated costs; and (iii) measures which prior-
    22  itize disadvantaged communities by supporting  actions  consistent  with
    23  the  requirements of paragraph d of subdivision three of section 75-0109
    24  and of section 75-0117 of the environmental conservation law, identified
    25  through  community  decision-making  and  stakeholder  input,  including
    26  early  action to reduce greenhouse gas emissions in disadvantaged commu-
    27  nities.
    28    4. Moneys in the New York climate action fund shall be  kept  separate
    29  from and shall not be commingled with any other moneys in the custody of
    30  the  comptroller  or the commissioner of taxation and finance. Provided,
    31  however, that any moneys of the fund not required for immediate use may,
    32  at the discretion of the comptroller, in consultation with the  director
    33  of the division of budget, be invested by the comptroller in obligations
    34  of  the  United States or the state. The proceeds of any such investment
    35  shall be retained by the fund as assets to be used for purposes  of  the
    36  fund.
    37    § 3. The labor law is amended by adding a new section 224-f to read as
    38  follows:
    39    § 224-f. Wage requirements for certain climate risk-related and energy
    40  transition projects. 1. For purposes of this section, a "covered climate
    41  risk-related and energy transition project" means a construction project
    42  that  receives  at  least one hundred thousand dollars of funds from the
    43  New York climate action  fund  climate  investment  account  established
    44  pursuant to section ninety-nine-qq of the state finance law.
    45    2.  A covered climate risk-related and energy transition project shall
    46  be subject to prevailing wage requirements in accordance  with  sections
    47  two  hundred  twenty,  two  hundred  twenty-a, two hundred twenty-b, two
    48  hundred  twenty-i,   two   hundred   twenty-three,   and   two   hundred
    49  twenty-four-b  of this article, provided that a covered climate risk-re-
    50  lated and energy transition project may still otherwise be considered  a
    51  covered  project  pursuant  to section two hundred twenty or two hundred
    52  twenty-four-a of this article if it meets the definition therein.
    53    3. For purposes of this section, a covered  climate  risk-related  and
    54  energy transition project shall exclude:
    55    a.  Privately  owned  construction  work  performed  under  a pre-hire
    56  collective bargaining agreement between an owner or developer and a bona

        S. 4006--C                         141                        A. 3006--C
 
     1  fide building and  construction  trades  labor  organization  which  has
     2  established  itself, and/or its affiliates, as the collective bargaining
     3  representative for all persons who will perform work on such a  project,
     4  and  which  provides that only contractors and subcontractors who sign a
     5  pre-negotiated agreement with the labor organization can perform work on
     6  such a project; or
     7    b. Construction work on one- or two-family dwellings where the proper-
     8  ty is the owner's primary residence, or construction work  performed  on
     9  property where the owner of the property owns no more than four dwelling
    10  units; or
    11    c.  Construction  work performed on a multiple residence and/or ancil-
    12  lary amenities or installations that is wholly privately owned in any of
    13  the following circumstances:
    14    (i) where no less than twenty-five percent of  the  residential  units
    15  are affordable and shall be retained subject to an anticipated regulato-
    16  ry  agreement  with a local, state, or federal governmental entity, or a
    17  not-for-profit entity with an anticipated formal agreement with a local,
    18  state, or federal governmental entity for purposes of providing afforda-
    19  ble housing in a given locality or region provided that  the  period  of
    20  affordability  for  a  residential  unit  deemed  affordable  under  the
    21  provisions of this paragraph shall be for no  less  than  fifteen  years
    22  from the date of construction; or
    23    (ii)  where  no less than thirty-five percent of the residential units
    24  involves the provision of supportive  housing  services  for  vulnerable
    25  populations provided that such units are subject to an anticipated regu-
    26  latory agreement with a local, state, or federal governmental entity.
    27    4.  As a condition of receiving funds from the New York climate action
    28  fund climate investment account established pursuant to section  ninety-
    29  nine-qq  of the state finance law for a covered climate risk-related and
    30  energy transition project,  the  owner  or  developer  of  such  covered
    31  climate  risk-related  and  energy  transition project, or a third party
    32  acting on such owner's or developer's behalf, shall agree to enter  into
    33  a  labor  peace agreement with at least one bona fide labor organization
    34  either:
    35    a. where such bona fide labor organization  is  actively  representing
    36  non-construction  employees  who  will  be  working  within  the covered
    37  climate risk-related and energy transition project once built; or
    38    b. upon notice by a bona fide labor organization that is attempting to
    39  represent such non-construction employees.
    40    5. For purposes of this  section  "labor  peace  agreement"  means  an
    41  agreement between an owner and/or developer and labor organization that,
    42  at  a minimum, protects the state's proprietary interests by prohibiting
    43  labor organizations and members from engaging in picketing,  work  stop-
    44  pages, boycotts, and any other economic interference.
    45    6. The owner or developer using funds from the New York climate action
    46  fund  climate investment account established pursuant to section ninety-
    47  nine-qq of the state finance law for a covered climate risk-related  and
    48  energy transition project pursuant to this section shall:
    49    a.  require the use of apprenticeship agreements as defined by article
    50  twenty-three of this chapter; or for industries  without  apprenticeship
    51  programs,  require the use of workforce training, preferably in conjunc-
    52  tion with a bona fide labor organization; and
    53    b. consider use of registered pre-apprenticeship direct entry programs
    54  for the recruitment of local and/or disadvantaged workers.
    55    7. For purposes of this section, the "fiscal officer" shall be  deemed
    56  to  be the commissioner. The enforcement of any covered climate risk-re-

        S. 4006--C                         142                        A. 3006--C
 
     1  lated and energy transition project under this section shall be  subject
     2  to  the  requirements  of sections two hundred twenty, two hundred twen-
     3  ty-a, two hundred twenty-b, two hundred twenty-i,  two  hundred  twenty-
     4  three,  two  hundred  twenty-four-b  of  this  article,  and section two
     5  hundred twenty-seven of this chapter and within the jurisdiction of  the
     6  fiscal  officer;  provided,  however,  nothing contained in this section
     7  shall be deemed to construe any covered climate risk-related and  energy
     8  transition project as otherwise being considered public work pursuant to
     9  this article.
    10    8.  The  fiscal  officer may issue rules and regulations governing the
    11  provisions of this section. Violations of this section shall be  grounds
    12  for  determinations  and orders pursuant to section two hundred twenty-b
    13  of this article.
    14    9. For any building service work on a covered climate risk-related and
    15  energy transition project, prevailing wage shall be paid consistent with
    16  article nine of this chapter.
    17    10. Any public entity receiving at least five million dollars in funds
    18  from the New York climate action fund climate investment account  estab-
    19  lished pursuant to section ninety-nine-qq of the state finance law for a
    20  project  which  involves  the  construction, reconstruction, alteration,
    21  maintenance,  moving,  demolition,  excavation,  development  or   other
    22  improvement  of  any  building,  structure  or land, shall be subject to
    23  section two hundred twenty-two of this article.
    24    § 4. The labor law is amended by adding a new section 21-f to read  as
    25  follows:
    26    § 21-f. Job transition plan for certain climate risk-related and ener-
    27  gy  transition projects. 1. The commissioner, in consultation with labor
    28  organizations, shall develop a comprehensive plan to transition,  train,
    29  or retrain employees that are impacted by climate risk-related and ener-
    30  gy  transition  projects  funded  from  the New York climate action fund
    31  climate investment account established pursuant to section  ninety-nine-
    32  qq  of the state finance law. This plan shall include a method of allow-
    33  ing displaced and transitioning workers, including affected labor organ-
    34  izations, to notify the commissioner of the loss  of  employment,  their
    35  previous title, and previous wage rates including whether they previous-
    36  ly  received  medical  benefits, retirement benefits, and/or other bene-
    37  fits. The plan shall require employers to  notify  the  commissioner  of
    38  workers  laid  off  or discharged due to climate risk-related and energy
    39  transition projects funded from the New York climate action fund climate
    40  investment account established pursuant to section ninety-nine-qq of the
    41  state finance law.
    42    2. Funding shall be made available for worker transition and  retrain-
    43  ing,  which shall include funding as provided by subdivision twenty-sev-
    44  en-d of section one thousand five of the public authorities law.
    45    3. The commissioner shall create a program pursuant  to  which,  where
    46  applicable  and  feasible,  newly  created  job  opportunities  shall be
    47  offered to a pool of transitioning workers who have lost  their  employ-
    48  ment  or  will  be  losing  their employment in the energy sector due to
    49  climate risk-related and energy transition projects funded from the  New
    50  York climate action fund climate investment account established pursuant
    51  to  section  ninety-nine-qq of the state finance law. Such program shall
    52  include a method for the commissioner to communicate names  and  contact
    53  information  for  displaced  or transitioning workers to public entities
    54  that may have job opportunities for such workers every ninety days.
    55    § 5. Notwithstanding any provision of law to the contrary, all  rights
    56  or   benefits,   including  terms  and  conditions  of  employment,  and

        S. 4006--C                         143                        A. 3006--C
 
     1  protection of civil service and  collective  bargaining  status  of  all
     2  existing public employees and the work jurisdiction, covered job titles,
     3  and  work assignments, set forth in the civil service law and collective
     4  bargaining  agreements  with  labor  organizations  representing  public
     5  employees shall be preserved and  protected.  Nothing  in  this  section
     6  shall  result  in the: (i) displacement of any currently employed worker
     7  or loss of position (including partial displacement as such a  reduction
     8  in  the  hours  of  non-overtime work, wages, or employment benefits) or
     9  result in the impairment of existing collective  bargaining  agreements;
    10  (ii)  transfer  of  existing duties and functions related to maintenance
    11  and operations currently performed by existing employees  of  authorized
    12  entities to a contracting entity; or (iii) transfer of future duties and
    13  functions  ordinarily performed by employees of authorized entities to a
    14  contracting entity.
    15    § 6. The public service law is amended by adding a new section 66-v to
    16  read as follows:
    17    § 66-v. Requirements for certain climate risk-related and energy tran-
    18  sition projects. 1. Each contract using funds from the New York  climate
    19  action  fund  climate investment account established pursuant to section
    20  ninety-nine-qq of the state finance law for a covered  climate  risk-re-
    21  lated  and  energy transition project shall contain a provision that the
    22  iron and steel used or supplied in the performance of  the  contract  or
    23  any  subcontract  thereto  and that is permanently incorporated into the
    24  project, shall be produced or made in whole or substantial part  in  the
    25  United States, its territories or possessions. In the case of an iron or
    26  steel  product,  all manufacturing must take place in the United States,
    27  its territories or possessions, from the initial melting  stage  through
    28  the  application  of  coatings, except metallurgical processes involving
    29  the refinement of steel additives. For the purposes of this subdivision,
    30  "permanently incorporated" shall mean an iron or steel product  that  is
    31  required  to  remain  in  place at the end of the project contract, in a
    32  fixed location, affixed to the project to  which  it  was  incorporated.
    33  Iron  and  steel  products  that  are  capable  of  being moved from one
    34  location to another shall not be considered permanently incorporated.
    35    2. The provisions of subdivision one of this section shall  not  apply
    36  if  the  head  of  the public entity providing funds, in his or her sole
    37  discretion, determines that the provisions would not be  in  the  public
    38  interest,  would  result  in  unreasonable costs, or that obtaining such
    39  steel or iron in the United States, its territories or possessions would
    40  increase the cost of the contract by an  unreasonable  amount,  or  such
    41  iron  or  steel,  including without limitation iron and steel, cannot be
    42  produced or made in the United States its territories or possessions  in
    43  sufficient and reasonably available quantities and of satisfactory qual-
    44  ity.
    45    3.  The  head  of the public entity providing funds generated from the
    46  New York climate action  fund  climate  investment  account  established
    47  pursuant  to section ninety-nine-qq of the state finance law may, in his
    48  or her sole discretion, provide for in a request for  proposal,  invita-
    49  tion  for bid, or solicitation of proposal, or any other method provided
    50  for by law or regulation for soliciting a response from offerors intend-
    51  ing to result in a contract in support of a project, a competitive proc-
    52  ess in which the evaluation of competing bids gives significant  consid-
    53  eration  in  the  evaluation process to the procurement of equipment and
    54  supplies from businesses located in New York state.
    55    § 7. This act shall take effect immediately.

        S. 4006--C                         144                        A. 3006--C
 
     1                                   PART UU
 
     2    Section 1. The Legislature hereby finds and declares that the Marijua-
     3  na  Regulation  and  Taxation  Act (MRTA) envisioned the creation of new
     4  legal industries in which cannabis is regulated, controlled  and  taxed,
     5  and  the  generation  of  new  revenue  streams  that enable substantial
     6  investments  into communities and for the people most impacted by canna-
     7  bis criminalization.   The Legislature  further  finds  that  additional
     8  regulations to curb illegal cannabis retail establishments are necessary
     9  to  fully  effectuate the MRTA and ensure that the goals of the MRTA are
    10  achieved.
    11    § 2. Subdivisions (a) and (g) of section 492 of the tax law, as  added
    12  by chapter 92 of the laws of 2021, are amended and a new subdivision (l)
    13  is added to read as follows:
    14    (a) "Adult-use cannabis product" [or "adult-use cannabis" has the same
    15  meaning  as  the  term  is defined in section three of the cannabis law]
    16  means cannabis, concentrated cannabis, and cannabis-infused products, as
    17  reflected on the product label, whether or not such  adult-use  cannabis
    18  product  is for use by a cannabis consumer as such a consumer is defined
    19  in subdivision six of section three of the cannabis law. For purposes of
    20  this article, under no circumstances shall  adult-use  cannabis  product
    21  include  medical  cannabis  or  cannabinoid  hemp  product as defined in
    22  section three of the cannabis law.
    23    (g) "Illicit cannabis" means and includes  [cannabis  flower,  concen-
    24  trated  cannabis, cannabis edible product and cannabis plant] any adult-
    25  use cannabis  product,  including  concentrated  cannabis  and  cannabis
    26  edible  products  on which any tax required to have been paid under this
    27  chapter has not been paid. Illicit cannabis shall not include any canna-
    28  bis lawfully possessed in accordance with the cannabis law or penal law.
    29    (l) "Possession for sale" or "possessed for sale" means possession  of
    30  more  than  five  pounds of adult-use cannabis products, or one pound of
    31  concentrated cannabis products or cannabis edible products, at  a  busi-
    32  ness  or  other  location  used for the storage, distribution or sale of
    33  such cannabis products with the intent that such  products  be  sold  at
    34  retail.   Possession shall be presumed to be for sale when the adult-use
    35  cannabis products are possessed in any place of business  used  for  the
    36  buying and selling of such adult-use cannabis products. Possession shall
    37  not  be presumed to be for sale when the adult-use cannabis products are
    38  possessed in a residence or other real property, or any personal vehicle
    39  on or about such property, not being used as a business for  the  buying
    40  and selling of such adult-use cannabis products.
    41    § 3. Section 494 of the tax law, as added by chapter 92 of the laws of
    42  2021, is amended to read as follows:
    43    §  494.  Registration  and renewal. (a) [(i)] (1) Every distributor on
    44  whom tax is imposed under  this  article  and  every  person  who  sells
    45  adult-use  cannabis products at retail must file with the commissioner a
    46  properly completed application for a  certificate  of  registration  and
    47  obtain  such certificate before engaging in business, provided, however,
    48  this section shall not apply to  a  natural  person  engaged  in  lawful
    49  activity  pertaining to personal use or personal cultivation pursuant to
    50  article two hundred twenty-two of the penal law. An  application  for  a
    51  certificate  of registration must be submitted electronically, on a form
    52  prescribed by the commissioner, and must be accompanied by a non-refund-
    53  able application fee of six hundred dollars. A certificate of  registra-
    54  tion  shall  not  be  assignable  or transferable and shall be destroyed

        S. 4006--C                         145                        A. 3006--C
 
     1  immediately upon such person ceasing to do business as specified in such
     2  certificate, or in the event that such business never commenced.
     3    [(ii)]  (2)  Provided,  however, that the commissioner shall refund or
     4  credit an application fee paid with respect to the  registration  of  an
     5  adult-use  cannabis business in this state if, prior to the beginning of
     6  the period with respect to which such registration relates, the  certif-
     7  icate  of  registration described in [subparagraph (i)] paragraph one of
     8  this [paragraph] subdivision is returned to the department or,  if  such
     9  certificate  has been destroyed, the operator of such business satisfac-
    10  torily accounts to the commissioner for  the  missing  certificate,  but
    11  such  business  may  not  sell adult-use cannabis products in this state
    12  during such period, unless it is re-registered. Such  refund  or  credit
    13  shall  be  deemed  a  refund of tax paid in error, provided, however, no
    14  interest shall be allowed or paid on any such refund.
    15    (b) (1) The commissioner shall refuse to issue a certificate of regis-
    16  tration to any applicant and shall revoke the certificate  of  registra-
    17  tion  of  any  such person who does not possess a valid license from the
    18  office of cannabis management.
    19    (2) The commissioner may refuse to issue a certificate of registration
    20  to any applicant where such applicant:
    21    (i) has a past-due liability as that term is defined  in  section  one
    22  hundred seventy-one-v of this chapter;
    23    (ii)  has  had  a  certificate  of  registration under this article, a
    24  license from the office of cannabis management, or any license or regis-
    25  tration provided for in this chapter revoked  or  suspended  where  such
    26  revocation  or  suspension was in effect on the date the application was
    27  filed or ended within one year from the date on which  such  application
    28  was filed;
    29    (iii) has been convicted of a crime provided for in this chapter with-
    30  in  one  year  from  the date on which such application was filed or the
    31  certificate was issued, as applicable;
    32    (iv) willfully fails to file a report or return required by this arti-
    33  cle;
    34    (v) willfully files, causes to be filed, gives or causes to be given a
    35  report, return, certificate or affidavit required by this article  which
    36  is false; [or]
    37    (vi)  willfully fails to collect or truthfully account for or pay over
    38  any tax imposed by this article[.];
    39    (vii) has been determined to have possessed  illicit  cannabis  within
    40  one year from the date on which such application was filed;
    41    (viii)  is  a  distributor  that has been determined to have knowingly
    42  sold adult-use cannabis products  to  any  person  who  sells  adult-use
    43  cannabis  products  at  retail  and  who  is  not  registered under this
    44  section, or whose registration has been suspended or revoked; or
    45    (ix) has a place of business  at  the  same  premises  as  that  of  a
    46  distributor  upon  whom tax is imposed under this article, or person who
    47  sells adult-use cannabis products at retail, whose registration has been
    48  revoked and where such revocation is still in effect, unless the  appli-
    49  cant provides the commissioner with adequate documentation demonstrating
    50  that  such  applicant acquired the premises or business through an arm's
    51  length transaction as defined in paragraph (e)  of  subdivision  one  of
    52  section four hundred eighty-a of this chapter and that the sale or lease
    53  was  not  conducted,  in whole or in part, for the purpose of permitting
    54  the original registrant to avoid the effect of the  previous  revocation
    55  for the same premises.

        S. 4006--C                         146                        A. 3006--C
 
     1    (3) The commissioner may revoke the certificate of registration issued
     2  to any person who:
     3    (i)  has  had any license or registration provided for in this chapter
     4  revoked or suspended;
     5    (ii) has been convicted of a crime provided for in this chapter  where
     6  such  conviction  occurred  not  more than one year prior to the date of
     7  revocation;
     8    (iii) willfully fails to file a report  or  return  required  by  this
     9  article;
    10    (iv)  willfully files, causes to be filed, gives or causes to be given
    11  a report, return, certificate or  affidavit  required  by  this  article
    12  which is false;
    13    (v)  willfully  fails to collect or truthfully account for or pay over
    14  any tax imposed by this article; or
    15    (vi) is a distributor that has been determined to have knowingly  sold
    16  adult-use  cannabis  products to any person who sells adult-use cannabis
    17  products at retail and who is not  registered  under  this  section,  or
    18  whose registration has been suspended or revoked.
    19    [(2)]  (4) In addition to the grounds for revocation in [paragraph (1)
    20  of] this subdivision, where a person who holds a certificate  of  regis-
    21  tration is determined to have possessed or sold illicit cannabis:
    22    (1)  such  registration  may  be revoked (i) for a period of up to one
    23  year for the first such possession or sale by such person;
    24    [(2)] (ii) for a period of  up  to  three  years  for  a  second  such
    25  possession  or  sale  within a period of five years by such person[, the
    26  registration of such person may be revoked for a period of up  to  three
    27  years]; and
    28    [(3)]  (iii)  for  a  period  of  up  to  five  years for a third such
    29  possession or sale within a  period  of  [up  to]  five  years  by  such
    30  person[,  the registration of such person may be revoked for a period of
    31  five years]. A certificate of registration may be  revoked  pursuant  to
    32  this  paragraph immediately upon such person's receipt of written notice
    33  of revocation from the commissioner.
    34    A person who is notified of  a  revocation  of  their  certificate  of
    35  registration pursuant to this paragraph shall have the right to have the
    36  revocation  reviewed by the commissioner or their designee by contacting
    37  the department at a telephone number or an address to  be  disclosed  in
    38  the  notice  of  revocation  within ten days of such person's receipt of
    39  such notification. Such person may present written evidence or  argument
    40  in  support of their defense to the revocation or may appear at a sched-
    41  uled conference with the commissioner or their designee to present  oral
    42  arguments  and written and oral evidence in support of such defense. The
    43  commissioner or their designee is authorized to delay the effective date
    44  of the revocation to enable such person to present further  evidence  or
    45  arguments  in  connection with the revocation. The commissioner or their
    46  designee shall cancel the revocation of the certificate of  registration
    47  if  the  commissioner or their designee is not satisfied by a preponder-
    48  ance of the evidence that a basis for revocation pursuant to this  para-
    49  graph  exists.  An  order of revocation of a certificate of registration
    50  under this paragraph shall not be reviewable  by  the  division  of  tax
    51  appeals  but  may  be  reviewed pursuant to article seventy-eight of the
    52  civil practice law and rules by a proceeding commenced  in  the  supreme
    53  court within four months of the revocation petitioning that the order of
    54  revocation be enjoined or set aside. Such proceeding shall be instituted
    55  in  the  county  where the commissioner has their principal office. Upon
    56  the filing of such petition the court shall  have  jurisdiction  to  set

        S. 4006--C                         147                        A. 3006--C
 
     1  aside  such  order of revocation, in whole or in part, or to dismiss the
     2  petition. The jurisdiction of the supreme court shall be  exclusive  and
     3  its  order  dismissing  the  petition or enjoining or setting aside such
     4  order,  in  whole  or  in part, shall be final, subject to review by the
     5  appellate division of the supreme court and the court of appeals in  the
     6  same  manner  and  form  and with the same effect as provided by law for
     7  appeals from a judgment in a special proceeding.  All  such  proceedings
     8  shall be heard and determined by the court and by any appellate court as
     9  expeditiously  as  possible  and with lawful precedence over other civil
    10  matters. All such proceedings for review shall be heard on the petition,
    11  transcript and other papers, and on appeal shall be heard on the record,
    12  without requirement of printing.
    13    (c) Where a person that does not possess a certificate of registration
    14  under this section has been determined to have  possessed  or  sold  any
    15  adult-use cannabis product or illicit cannabis:
    16    (1)  The  commissioner may revoke a certificate of authority issued to
    17  such person pursuant to section eleven hundred thirty-four of this chap-
    18  ter for a place of business where such person  has  been  determined  to
    19  have  possessed  for  sale or to have sold adult-use cannabis product or
    20  illicit cannabis three or more times within a period of five years with-
    21  out a certificate of registration.
    22    (2) The commissioner may refuse to issue a  certificate  of  authority
    23  under  section eleven hundred thirty-four of this chapter to a distribu-
    24  tor upon whom tax is imposed under this article, or a person  who  sells
    25  adult-use  cannabis  products  at retail, who has a place of business at
    26  the same premises as that of a person whose certificate of authority has
    27  been revoked pursuant to paragraph one of  this  subdivision  and  where
    28  such  revocation  is  still in effect, unless the applicant provides the
    29  commissioner with adequate documentation demonstrating that such  appli-
    30  cant  acquired  the  premises or business through an arm's length trans-
    31  action as defined in paragraph (e) of subdivision one  of  section  four
    32  hundred  eighty-a  of  this  chapter  and that the sale or lease was not
    33  conducted, in whole or in  part,  for  the  purpose  of  permitting  the
    34  original  registrant  to avoid the effect of the previous revocation for
    35  the same premises.
    36    (d) A certificate of registration shall be valid for the period speci-
    37  fied thereon, unless earlier suspended or revoked. Upon  the  expiration
    38  of  the  term  stated on a certificate of registration, such certificate
    39  shall be null and void.
    40    [(d)] (e) Every holder of a certificate of  registration  must  notify
    41  the  commissioner  of  changes  to  any of the information stated on the
    42  certificate, or of changes to any information contained in the  applica-
    43  tion for the certificate of registration. Such notification must be made
    44  on or before the last day of the month in which a change occurs and must
    45  be made electronically on a form prescribed by the commissioner.
    46    [(e)]  (f)  Every  holder  of a certificate of registration under this
    47  article shall be required to reapply prior to such certificate's expira-
    48  tion, during a reapplication period  established  by  the  commissioner.
    49  Such reapplication period shall not occur more frequently than every two
    50  years.  Such reapplication shall be subject to the same requirements and
    51  conditions as an initial application, including grounds for refusal  and
    52  the payment of the application fee.
    53    [(f)] (g) Any person who is required to obtain a certificate of regis-
    54  tration  under  subdivision  (a) of this section who possesses adult-use
    55  cannabis products without such certificate shall be subject to a penalty
    56  of [five hundred dollars for each month or  part  thereof  during  which

        S. 4006--C                         148                        A. 3006--C

     1  adult-use  cannabis products are possessed without such certificate, not
     2  to exceed ten thousand dollars in the aggregate] up  to  seven  thousand
     3  five  hundred  dollars  for a first violation and up to fifteen thousand
     4  dollars  for a second or subsequent violation within three years follow-
     5  ing a prior violation. Any such  adult-use  cannabis  product  shall  be
     6  subject  to immediate forfeiture to, and seizure by, the commissioner or
     7  their duly authorized representatives, or the duly authorized  represen-
     8  tatives of the office of cannabis management.
     9    (h)  No  distributor  on  whom tax is imposed under this article shall
    10  sell any adult-use cannabis product to any person  who  sells  adult-use
    11  cannabis  products  at  retail  and  who  is  not  registered under this
    12  section, or whose registration has been suspended or revoked.
    13    § 4. Section 496 of the tax law is amended by adding a new subdivision
    14  (c) to read as follows:
    15    (c) The failure of any person who sells adult-use cannabis products at
    16  retail, except a person who possesses a  valid  registered  organization
    17  adult-use  cultivator processor distributor retail dispensary license or
    18  microbusiness license issued by the office of  cannabis  management,  to
    19  comply  with  subdivision (a) of this section for the adult-use cannabis
    20  products in such person's possession shall be presumptive evidence  that
    21  the  tax thereon has not been paid, and that such person shall be liable
    22  for the tax thereon unless evidence of such invoice, payment or  assump-
    23  tion shall later be produced.
    24    §  5. Section 496-c of the tax law, as added by chapter 92 of the laws
    25  of 2021, is amended to read as follows:
    26    § 496-c. [Illicit cannabis penalty]  Additional  penalties.    (a)  In
    27  addition  to  any  other civil or criminal penalties that may apply, any
    28  person knowingly in possession of or knowingly having control  over  any
    29  type  of illicit cannabis, as defined in section four hundred ninety-two
    30  of this article, after notice and an opportunity for a hearing, shall be
    31  liable for a civil penalty [of not less than  two  hundred  dollars  per
    32  ounce  of  illicit  cannabis  flower,  five dollars per milligram of the
    33  total weight of any illicit cannabis edible product, fifty  dollars  per
    34  gram  of  the  total  weight  of any product containing illicit cannabis
    35  concentrate, and five hundred dollars per illicit  cannabis  plant,  but
    36  not to exceed four hundred dollars per ounce of illicit cannabis flower,
    37  ten  dollars  per  milligram of the total weight of any illicit cannabis
    38  edible product, one hundred dollars per gram of the total weight of  any
    39  product  containing  illicit  cannabis  concentrate,  and  one  thousand
    40  dollars per illicit cannabis plant] in an amount up  to  two  times  the
    41  amount of tax otherwise required to be paid for such product for a first
    42  violation,  and  for a second [and] or subsequent violation within three
    43  years following a prior violation [shall] may  be  liable  for  a  civil
    44  penalty  [of  not  less  than  four hundred dollars per ounce of illicit
    45  cannabis flower, ten dollars per milligram of the total  weight  of  any
    46  illicit  cannabis  edible  product,  one hundred dollars per gram of the
    47  total weight of any product containing illicit cannabis concentrate, and
    48  one thousand dollars per illicit cannabis plant, but not to exceed  five
    49  hundred dollars per ounce of illicit cannabis flower, twenty dollars per
    50  milligram  of  the  total weight of any illicit cannabis edible product,
    51  two hundred dollars per gram of the total weight of any product contain-
    52  ing illicit cannabis concentrate, and two thousand dollars  per  illicit
    53  cannabis  plant] in an amount up to three times the amount of tax other-
    54  wise required to be paid for such product.
    55    (b) In addition to any other penalty authorized by this chapter or any
    56  other law:

        S. 4006--C                         149                        A. 3006--C
 
     1    (1) Any person who knowingly possesses  for  sale,  as  such  term  is
     2  defined  in  section  four hundred ninety-two of this article, more than
     3  five pounds but less than twelve pounds of illicit cannabis or more than
     4  one pound but less than four pounds of illicit concentrated cannabis  or
     5  illicit  cannabis  edible product, after notice and an opportunity for a
     6  hearing, may be liable for a civil penalty of up to twenty-five thousand
     7  dollars for a first violation and may be liable for a civil  penalty  of
     8  up to fifty thousand dollars for a second or subsequent violation within
     9  three years following a prior violation.
    10    (2)  Any  person  who  knowingly  possesses  for sale, as such term is
    11  defined in section four hundred ninety-two of this article, over  twelve
    12  or  more  pounds  of  illicit cannabis or four or more pounds of illicit
    13  concentrated cannabis or illicit cannabis edible product,  after  notice
    14  and  an  opportunity for a hearing, may be liable for a civil penalty of
    15  up to seventy-five thousand dollars for a first  violation  and  may  be
    16  liable  for  a civil penalty of up to one hundred thousand dollars for a
    17  second or subsequent violation within  three  years  following  a  prior
    18  violation.
    19    (3)  In  addition to any penalty imposed pursuant to paragraphs one or
    20  two of this subdivision, any person who knowingly possesses for sale, as
    21  such term is defined in section four hundred ninety-two of this article,
    22  more than five pounds of illicit cannabis, or more  than  one  pound  of
    23  illicit  concentrated  cannabis or illicit cannabis edible product, in a
    24  commercial location, after notice and an opportunity for a hearing,  may
    25  be  subject  to  an  additional  civil  penalty  of up to fifty thousand
    26  dollars for a first violation and may be liable for a civil  penalty  of
    27  up  to one hundred thousand dollars for a second or subsequent violation
    28  within three years following a prior violation.   For purposes  of  this
    29  paragraph,  "commercial  location" means real property or a vehicle held
    30  out as open to the public or otherwise being used to  conduct  wholesale
    31  or  retail transactions, including a storage area in or adjacent to such
    32  property or vehicle. Such term  shall  not  include  a  residence  or  a
    33  personally-owned vehicle located at such residence.
    34    (c)  Any  distributor  on  whom tax is imposed under this article that
    35  knowingly sells any adult-use cannabis product to any person  who  sells
    36  at  retail  adult-use  cannabis  products  who  is  not registered under
    37  section four hundred ninety-four of this article, or whose  registration
    38  has  been suspended or revoked, may, after notice and an opportunity for
    39  a hearing, be liable for a civil penalty of up to fifty thousand dollars
    40  for a first violation and up to  one  hundred  thousand  dollars  for  a
    41  second  or  subsequent  violation  within  three years following a prior
    42  violation.
    43    (d) No enforcement action taken under this section shall be  construed
    44  to  limit  any other criminal or civil liability of anyone in possession
    45  of illicit cannabis.
    46    [(c)] (e) The [penalty] penalties imposed by this  section  shall  not
    47  apply to natural persons lawfully in possession of [less than two ounces
    48  of]  adult-use  cannabis  or  [ten  grams  of] concentrated cannabis [in
    49  accordance with the cannabis law or  penal  law]  for  personal  use  as
    50  provided in article two hundred twenty-two of the penal law.
    51    § 6. The tax law is amended by adding two new sections 496-d and 496-e
    52  to read as follows:
    53    §  496-d.  Enforcement.    The commissioner or the commissioner's duly
    54  authorized representatives are hereby authorized:
    55    (a) To conduct regulatory inspections during normal business hours  of
    56  any  place  of  business,  including a vehicle   used for such business,

        S. 4006--C                         150                        A. 3006--C

     1  where adult-use cannabis products are distributed, placed, stored,  sold
     2  or  offered for sale.  For the purposes of this section, "place of busi-
     3  ness" shall not include a residence  or  other  real  property,  or  any
     4  personal  vehicle on or about such property, not held out as open to the
     5  public or otherwise being utilized in a business or  commercial  manner,
     6  unless  probable cause exists to believe that such residence, real prop-
     7  erty or vehicle is being used in such a business  or  commercial  manner
     8  for the buying or selling of adult-use cannabis products.
     9    (b)  To examine any adult-use cannabis products and the books, papers,
    10  invoices and other records of any place of  business  or  vehicle  where
    11  adult-use  cannabis  products  are  distributed, placed, stored, sold or
    12  offered for sale. Any person in possession, control or occupancy of  any
    13  such business is required to give to the commissioner or the commission-
    14  er's  duly  authorized  representatives or the duly authorized represen-
    15  tatives of the office of cannabis management, the means, facilities, and
    16  opportunity for such examinations.  For the purposes  of  this  section,
    17  "place  of business" shall not include a residence or other real proper-
    18  ty, or any personal vehicle on or about such property, not held  out  as
    19  open  to the public or otherwise being utilized in a business or commer-
    20  cial manner, unless probable cause exists to  believe  that  such  resi-
    21  dence,  real  property  or  vehicle  is being used in such a business or
    22  commercial manner for  the  buying  or  selling  of  adult-use  cannabis
    23  products.
    24    (c) If any person registered under section four hundred ninety-four of
    25  this  article, or their agents, refuses to give the commissioner, or the
    26  commissioner's duly authorized representatives,  the  means,  facilities
    27  and  opportunity  for  the inspections and examinations required by this
    28  section, the commissioner, after notice and an opportunity for  a  hear-
    29  ing,  may  revoke  their  registration  to  distribute or sell adult-use
    30  cannabis products at retail:
    31    (i) for a period of one year for the first such failure;
    32    (ii) for a period of up to three years for a second such failure with-
    33  in a period of three years; and
    34    (iii) for a period of up to seven years for a third such failure with-
    35  in five years.
    36    (d) The commissioner or the commissioner's duly  authorized  represen-
    37  tatives  shall seize any illicit cannabis found in any place of business
    38  or vehicle where adult-use cannabis products  are  distributed,  placed,
    39  stored,  sold  or  offered for sale by any person who does not possess a
    40  certificate of registration as described in section four  hundred  nine-
    41  ty-four of this chapter.
    42    (e)  All  illicit  cannabis  seized  pursuant to the authority of this
    43  chapter or any other law of this state  shall  be  turned  over  to  the
    44  office  of  cannabis management or their authorized representative. Such
    45  seized illicit cannabis shall, after notice and  an  opportunity  for  a
    46  hearing,  be  forfeited to the state.  If the office of cannabis manage-
    47  ment determines the illicit cannabis cannot be used for law  enforcement
    48  purposes,  it may, within a reasonable time after the forfeiture of such
    49  illicit cannabis, upon publication in the state registry,  destroy  such
    50  forfeited illicit cannabis.
    51    §  496-e.  Notification of enforcement actions. The commissioner shall
    52  notify the cannabis control board and the office of cannabis  management
    53  of  the commencement of any enforcement actions taken under this article
    54  as well as  the  conclusion,  outcomes,  and  the  amount  of  penalties
    55  collected as a result of such actions.

        S. 4006--C                         151                        A. 3006--C
 
     1    §  7.   Paragraph 8 of subdivision (a) of section 1801 of the tax law,
     2  as added by section 15 of subpart I of part V-1 of  chapter  57  of  the
     3  laws  of  2009,  is  amended  and  a new paragraph 9 is added to read as
     4  follows:
     5    (8)  issues  an  exemption certificate, interdistributor sales certif-
     6  icate, resale certificate, or any other document capable of evidencing a
     7  claim that taxes do not apply to a transaction, which he or she does not
     8  believe to be true and correct as to any material  matter,  which  omits
     9  any  material  information,  or  which is false, fraudulent, or counter-
    10  feit[.]; or
    11    (9) (a) knowingly fails to collect  or  remit  any  taxes  imposed  by
    12  section  four  hundred  ninety-three  of this chapter on the sale of any
    13  adult-use cannabis product; or (b) knowingly possesses for sale, as such
    14  term is defined in section four hundred ninety-two of this chapter,  any
    15  such  product on which the tax required to be paid under subdivision (a)
    16  of such section has not been paid.
    17    § 8. Section 3 of the cannabis law is amended by adding two new subdi-
    18  visions 40-a and 46-a to read as follows:
    19    40-a. "Person" means an individual, institution, corporation,  govern-
    20  ment  or  governmental  subdivision  or  agency, business trust, estate,
    21  trust, partnership or association, or any other entity.
    22    46-a. "Indirect retail sale" means  to  give  any  cannabis,  cannabis
    23  product, cannabinoid hemp, hemp extract product, or any product marketed
    24  or  labeled  as  such  by  any  person engaging in a commercial business
    25  venture or otherwise providing or offering  goods  or  services  to  the
    26  general  public  for  remuneration for such goods and/or services, where
    27  any such cannabis, cannabis product, cannabinoid hemp  or  hemp  extract
    28  product, or any product marketed or labeled as such, accompanies (a) the
    29  sale of any tangible or intangible property; or (b) the provision of any
    30  service,  including  but  not limited to entry to a venue or event, or a
    31  benefit of a membership to a club, association, or other organization.
    32    § 9. Subdivisions 3 and 8 of  section  10  of  the  cannabis  law  are
    33  amended and a new subdivision 3-a is added to read as follows:
    34    3.  [Sole  discretion  to]  To  revoke, cancel or suspend [for cause],
    35  after notice and an opportunity to be heard, any registration,  license,
    36  or  permit  issued  under this chapter [and/or to impose a civil penalty
    37  for cause, after notice and an opportunity for a  hearing,  against  any
    38  holder  of  a  registration,  license, or permit issued pursuant to this
    39  chapter] for a violation of this  chapter  or  any  regulation  pursuant
    40  thereto.
    41    3-a.  To  impose  or  recover a civil penalty, as otherwise authorized
    42  under this chapter, against  any  person  found  to  have  violated  any
    43  provision  of  this  chapter, whether or not a registration, license, or
    44  permit has been issued to such person pursuant to this chapter.
    45    8. To [inspect or provide authorization  for  the  inspection  at  any
    46  time] conduct regulatory inspections during normal business hours of any
    47  [premises]  place  of  business, including a vehicle used for such busi-
    48  ness, where medical cannabis, adult-use cannabis [or], cannabis,  canna-
    49  bis  product, cannabinoid hemp [and], hemp extract [is] products, or any
    50  products marketed or labeled as such, are cultivated, processed, stored,
    51  distributed or sold by any person holding a  registration,  license,  or
    52  permit  under this chapter, or by any person who is engaging in activity
    53  for which a license would  be  required  under  this  chapter.  For  the
    54  purposes  of  this  subdivision, "place of business" shall not include a
    55  residence or other real property not otherwise held out as open  to  the
    56  public or otherwise being utilized in a business or commercial manner or

        S. 4006--C                         152                        A. 3006--C
 
     1  any  private vehicle on or about the same such property, unless probable
     2  cause exists to believe that such residence, real property,  or  vehicle
     3  are  being  used  in such business or commercial manner for the activity
     4  described herein.
     5    §  10.  Subdivisions  3  and  5  of section 11 of the cannabis law are
     6  amended and three new subdivisions 13, 14 and 15 are added  to  read  as
     7  follows:
     8    3.  To  [inspect  or  provide  for  the inspection] conduct regulatory
     9  inspections during normal business hours  of  any  [premises]  place  of
    10  business,  including  a  vehicle used for such business, where [medical]
    11  cannabis,  [adult-use  cannabis]  cannabis  product,  cannabinoid   hemp
    12  [cannabis],  hemp  extract products, or any products marketed or labeled
    13  as such, are cultivated, processed, manufactured or  sold,  irrespective
    14  of whether a registration, license, or permit has been issued under this
    15  chapter. For the purposes of this subdivision, "place of business" shall
    16  not include a residence or other real property not otherwise held out as
    17  open  to the public or otherwise being utilized in a business or commer-
    18  cial manner or any private vehicle on or about the same  such  property,
    19  unless  probable cause exists to believe that such residence, real prop-
    20  erty, or vehicle are being used in such business  or  commercial  manner
    21  for the activity described herein.
    22    5.  To  [inspect  or  provide  for  the inspection] conduct regulatory
    23  inspections during normal business hours of any registered, licensed  or
    24  permitted  [premises]  place  of  business, including a vehicle used for
    25  such business, where medical cannabis, adult-use [or] cannabis, cannabi-
    26  noid hemp [is], hemp extract  products,  or  any  products  marketed  or
    27  labeled as such, are cultivated, processed, stored, distributed or sold.
    28  For  the  purposes  of  this  subdivision, "place of business" shall not
    29  include a residence or other real property not  otherwise  held  out  as
    30  open  to the public or otherwise being utilized in a business or commer-
    31  cial manner or any private vehicle on or about the same  such  property,
    32  unless  probable cause exists to believe that such residence, real prop-
    33  erty, or vehicle are being used in such business  or  commercial  manner
    34  for the activity described herein.
    35    13. To create and maintain a publicly available directory of the names
    36  and locations of persons licensed or registered pursuant to this chapter
    37  to engage in retail sales.
    38    14.  To  create  a  system  whereby  persons  registered, licensed, or
    39  permitted under this chapter can confirm the registration,  license,  or
    40  permit  of  another  person for the purposes of ensuring compliance with
    41  this chapter.
    42    15. Beginning January first, two  thousand  twenty-four  and  annually
    43  thereafter,  report  on enforcement actions taken under this chapter and
    44  the enforcement actions taken by the department of taxation and finance,
    45  including the information  required  to  be  provided  in  section  four
    46  hundred  ninety-six-e of the tax law and to submit such annual report to
    47  the legislature and post it publicly on its website.
    48    § 11. Subdivisions 1, 2, 3 and 4 of section 16 of the cannabis law are
    49  amended and a new subdivision 6 is added to read as follows:
    50    1. Any person  who  violates,  disobeys  or  disregards  any  term  or
    51  provision  of  this chapter or of any lawful notice, order or regulation
    52  pursuant thereto for which a civil [or criminal] penalty is  not  other-
    53  wise  expressly prescribed in this chapter by law, [shall] may be liable
    54  to the people of the state for a civil penalty of  not  to  exceed  five
    55  thousand   dollars   for  [every]  each  such  violation  or  subsequent
    56  violation. In assessing the civil penalty under  this  subdivision,  the

        S. 4006--C                         153                        A. 3006--C
 
     1  board  or office, as may be applicable shall take into consideration the
     2  nature of such violation and shall assess  a  penalty  that  is  propor-
     3  tionate to the violation.
     4    2.  The penalty provided for in subdivision one of this section may be
     5  recovered by an action or proceeding in a court of  competent  jurisdic-
     6  tion brought by the board or the office, as may be applicable, or by the
     7  attorney  general at the request of the board [in any court of competent
     8  jurisdiction] or the office.
     9    3. Such civil penalty may be released or compromised by the  board  or
    10  the office, as may be applicable, before the matter has been referred to
    11  the  attorney  general,  and  where such matter has been referred to the
    12  attorney general, any such penalty may be released  or  compromised  and
    13  any  action  or  proceeding commenced to recover the same may be settled
    14  and discontinued by the attorney general with the consent of the board.
    15    4. It shall be the duty of the attorney general upon  the  request  of
    16  the  board  or  office, as may be applicable, to bring an action [for an
    17  injunction] or proceeding against any person who violates,  disobeys  or
    18  disregards  any  term  or  provision  of  this  chapter or of any lawful
    19  notice, order or regulation pursuant thereto for any  relief  authorized
    20  under this chapter, including equitable and/or injunctive relief and the
    21  recovery of civil penalties; provided, however, that the board or execu-
    22  tive  director  shall  furnish  the attorney general with such material,
    23  evidentiary matter or proof as may be requested by the attorney  general
    24  for the prosecution of such an action or proceeding.
    25    6.  The  board  or the office, as may be applicable, shall forward any
    26  final findings of a violation under this chapter to any other  statewide
    27  licensing  agency  where  such  findings were entered against a business
    28  holding any other such license, for any such other licensing  agency  to
    29  review  the  findings  to determine if there has been a violation of any
    30  such license issued by such agency.
    31    § 12. The cannabis law is amended by adding a new section 16-a to read
    32  as follows:
    33    § 16-a. Emergency relief. Following service of a notice  of  violation
    34  and  order  requiring  immediate  cessation of unlicensed activity under
    35  this chapter, the office of cannabis management, or the attorney  gener-
    36  al, at the request of and on behalf of the office may bring and maintain
    37  a  civil  proceeding  in  the  supreme  court of the county in which the
    38  building or premises is located to permanently  enjoin  such  unlicensed
    39  activity  when  conducted,  maintained, or permitted in such building or
    40  premises, occupied as a place of business as  described  in  subdivision
    41  eight of section ten of this chapter, in violation of subdivision one or
    42  one-a  of section one hundred twenty-five of this chapter or subdivision
    43  eight of section one hundred thirty-two of  this  chapter,  which  shall
    44  constitute  an  unlicensed activity that presents a danger to the public
    45  health, safety, and welfare, and shall also enjoin the person or persons
    46  conducting or maintaining such unlicensed activity, in  accordance  with
    47  the following procedures:
    48    1.  Proceeding for permanent injunction.  (a) To the extent known, the
    49  owner,  lessor,  and  lessee of a building or premises wherein the unli-
    50  censed activity is being conducted, maintained, or  permitted  shall  be
    51  made defendants in the proceeding. The venue of such proceeding shall be
    52  in  the  county  where the unlicensed activity is being conducted, main-
    53  tained, or permitted. The existence of an adequate remedy at  law  shall
    54  not  prevent  the  granting of temporary or permanent relief pursuant to
    55  this section.

        S. 4006--C                         154                        A. 3006--C
 
     1    (b) The proceeding shall name as defendants the building  or  premises
     2  wherein  the  unlicensed  activity  is  being  conducted, maintained, or
     3  permitted, by describing it by tax lot and street address and  at  least
     4  one of the owners of some part of or interest in the property.
     5    (c)  In  rem jurisdiction shall be complete over the building or prem-
     6  ises wherein the unlicensed activity is being conducted, maintained,  or
     7  permitted by affixing the notice of petition to the door of the building
     8  or premises and by mailing the notice of petition by certified or regis-
     9  tered  mail, return receipt requested, to one of the owners of some part
    10  of or interest in the property. Proof of service shall be  filed  within
    11  two days thereafter with the clerk of the court designated in the notice
    12  of  petition.    In  any  county where e-filing is unavailable, proof of
    13  service may be mailed to the clerk. Service shall be complete upon  such
    14  filing or mailing.
    15    (d)  Defendants, other than the building or premises wherein the unli-
    16  censed activity is being conducted, maintained, or permitted,  shall  be
    17  served with the notice of petition as provided in the civil practice law
    18  and  rules or pursuant to court order. No more than thirty days prior to
    19  such service, the office shall mail a copy, by certified  mail,  of  any
    20  prior  notice of violation or letter or order to cease and desist relat-
    21  ing to the unlicensed activity at the building or premises to the person
    22  in whose name the real estate affected by the proceeding is recorded  in
    23  the office of the city register or the county clerk, as the case may be,
    24  who  shall  be  presumed  to  be  the  owner thereof. Such mailing shall
    25  constitute notice to the owner and shall be deemed to be  complete  upon
    26  such  mailing by the office as provided above. No more than fifteen days
    27  prior to such service, the office,  or  the  attorney  general,  at  the
    28  request  of  and  on  behalf of the office of cannabis management, shall
    29  verify the ongoing occupancy of any natural person who is  a  tenant  of
    30  record  and  alleged to have caused or permitted the unlicensed activity
    31  in the building or premises wherein the unlicensed activity  is  alleged
    32  to  have  been  conducted, maintained, or permitted. If at any time such
    33  defendants vacate such building or premises, any  action  or  proceeding
    34  filed  in  accordance with these procedures relating to such building or
    35  premises shall be withdrawn.
    36    (e) With respect to any proceeding commenced or to be commenced pursu-
    37  ant to this section by the office of cannabis management or the attorney
    38  general, at the request of and on behalf  of  the  office,  may  file  a
    39  notice  of  pendency pursuant to the provisions of article sixty-five of
    40  the civil practice law and rules.
    41    (f) The person in whose name the real estate affected by the  proceed-
    42  ing  is recorded in the office of the city register or the county clerk,
    43  as the case may be, shall be presumed to be the  owner  thereof.    Upon
    44  being  served  in  a proceeding under this section, such owner shall, to
    45  the extent known, provide to the office of cannabis  management,  within
    46  three  days,  the  names of any other owners, lessors and lessees of the
    47  building or premises that is the subject of the proceeding.  Thereafter,
    48  such owners, lessors and lessees may be made parties to the proceeding.
    49    (g) Whenever there is evidence that a person was the  manager,  opera-
    50  tor,  supervisor or, in any other way, in charge of the premises, at the
    51  time the unlicensed activity was being conducted, maintained, or permit-
    52  ted, such evidence shall be presumptive that he or she was an  agent  or
    53  employee of the owner or lessee of the building or premises.
    54    (h) If a finding is made that the defendant has conducted, maintained,
    55  or  permitted  the  unlicensed activity a penalty, to be included in the
    56  judgment, may be awarded in an amount not to exceed ten thousand dollars

        S. 4006--C                         155                        A. 3006--C
 
     1  for each day it is found that  the  defendant  intentionally  conducted,
     2  maintained  or  permitted  the unlicensed activity.  Upon recovery, such
     3  penalty shall be paid to the office of cannabis management.
     4    2.    Preliminary injunction. (a) Pending a proceeding for a permanent
     5  injunction pursuant to this section the court may  grant  a  preliminary
     6  injunction  enjoining  the unlicensed activity and the person or persons
     7  conducting, maintaining, or  permitting  the  unlicensed  activity  from
     8  further  conducting, maintaining, or permitting the unlicensed activity,
     9  where the public health, safety  or  welfare  immediately  requires  the
    10  granting  of  such  injunction. A temporary closing order may be granted
    11  pending a hearing for a preliminary injunction where it appears by clear
    12  and convincing evidence that unlicensed activity  within  the  scope  of
    13  this  section  is being conducted, maintained, or permitted and that the
    14  public health, safety or welfare immediately requires the granting of  a
    15  temporary  closing  order.  A temporary restraining order may be granted
    16  pending a hearing for a preliminary injunction.
    17    (b) A preliminary injunction shall be enforced by the  office  or,  at
    18  the  request  of the office, the attorney general. At the request of the
    19  office, a police officer or peace officer  with  jurisdiction  may  also
    20  enforce the preliminary injunction.
    21    (c)  The  office  or the attorney general shall show, by affidavit and
    22  such other evidence as may be submitted, that there is a cause of action
    23  for a permanent injunction abating unlicensed activity.
    24    3. Temporary closing order. (a) If, on  a  motion  for  a  preliminary
    25  injunction  alleging unlicensed activity as described in this section in
    26  a building or premises used for commercial purposes only, the office  or
    27  the  attorney general demonstrates by clear and convincing evidence that
    28  such unlicensed activity is being conducted,  maintained,  or  permitted
    29  and  that  the  public health, safety, or welfare immediately requires a
    30  temporary closing order, a temporary order  closing  such  part  of  the
    31  building   or   premises  wherein  such  unlicensed  activity  is  being
    32  conducted, maintained, or permitted may be granted without notice, pend-
    33  ing order of the court granting or refusing the  preliminary  injunction
    34  and  until further order of the court. Upon granting a temporary closing
    35  order, the court shall direct the holding of a hearing for the  prelimi-
    36  nary  injunction  at  the earliest possible time but no later than three
    37  business days from the granting of such order; a decision on the  motion
    38  for a preliminary injunction shall be rendered by the court within three
    39  business days after the conclusion of the hearing.
    40    (b)  Unless  the  court  orders  otherwise,  a temporary closing order
    41  together with the papers upon which it was based and a notice of hearing
    42  for the preliminary injunction shall be personally served, in  the  same
    43  manner as a summons as provided in the civil practice law and rules.
    44    (c)  A temporary closing order shall only be issued prior to a hearing
    45  on a preliminary injunction if the building  or  premises  is  used  for
    46  commercial purposes only.
    47    (d) No temporary closing order shall be issued against any building or
    48  premises where, in addition to the unlicensed activity which is alleged,
    49  activity  that  is  licensed  or  otherwise lawful remains in place.  In
    50  addition, no temporary closing order shall be issued against any  build-
    51  ing or premises which is used in part as residence and pursuant to local
    52  law or ordinance is zoned and lawfully occupied as a residence.
    53    4.  Temporary restraining order. (a) If, on a motion for a preliminary
    54  injunction alleging unlicensed activity as described in this section  in
    55  a  building  or premises used for commercial purposes, the office or the
    56  attorney general demonstrates by clear and convincing evidence that such

        S. 4006--C                         156                        A. 3006--C
 
     1  unlicensed activity is being conducted,  maintained,  or  permitted  and
     2  that the public health, safety, or welfare immediately requires a tempo-
     3  rary  restraining  order,  a  temporary restraining order may be granted
     4  without  notice restraining the defendants and all persons from removing
     5  or in any manner interfering with the furniture,  fixtures  and  movable
     6  property  used  in conducting, maintaining or permitting such unlicensed
     7  activity, including adult-use cannabis,  and  from  further  conducting,
     8  maintaining or permitting such unlicensed activity, pending order of the
     9  court  granting or refusing the preliminary injunction and until further
    10  order of the court. Upon granting a  temporary  restraining  order,  the
    11  court  shall direct the holding of a hearing for the preliminary injunc-
    12  tion at the earliest possible time but no later than three business days
    13  from the granting of such order; a decision on the motion for a prelimi-
    14  nary injunction shall be rendered by the  court  within  three  business
    15  days after the conclusion of the hearing.
    16    (b)  Unless  the court orders otherwise, a temporary restraining order
    17  and the papers upon which it was based and a notice of hearing  for  the
    18  preliminary injunction shall be personally served, in the same manner as
    19  a summons as provided in the civil practice law and rules.
    20    5.  Temporary  closing  order; temporary restraining order; additional
    21  enforcement procedures.  (a) If on a motion for  a  preliminary  injunc-
    22  tion,  the office of cannabis management or the attorney general submits
    23  evidence warranting both a  temporary  closing  order  and  a  temporary
    24  restraining order, the court shall grant both orders.
    25    (b)  Upon the request of the office, any police officer or peace offi-
    26  cer with jurisdiction may assist in the enforcement of a temporary clos-
    27  ing order and temporary restraining order.
    28    (c) The police officer or peace officer serving  a  temporary  closing
    29  order  or  a temporary restraining order shall forthwith make and return
    30  to the court an inventory of personal property situated in and  used  in
    31  conducting,  maintaining,  or  permitting the unlicensed activity within
    32  the scope of this chapter and shall enter upon the building or  premises
    33  for  such  purpose. Such inventory shall be taken in any manner which is
    34  deemed likely to evidence a true  and  accurate  representation  of  the
    35  personal  property  subject to such inventory including, but not limited
    36  to photographing such personal property.
    37    (d) The police officer or peace officer serving  a  temporary  closing
    38  order  shall,  upon service of the order, command all persons present in
    39  the building or premises to vacate  the  premises  forthwith.  Upon  the
    40  building  or  premises  being  vacated,  the  premises shall be securely
    41  locked and all keys delivered to the officer serving the order who ther-
    42  eafter shall deliver the keys to the fee owner, lessor, or lessee of the
    43  building or premises involved. If the fee owner, lessor,  or  lessee  is
    44  not  at  the  building or premises when the order is being executed, the
    45  officer shall securely padlock the premises and retain  the  keys  until
    46  the  fee  owner,  lessor,  or  lessee of the building is ascertained, in
    47  which event, the officer shall deliver the keys to such  owner,  lessor,
    48  or lessee.
    49    (e) Upon service of a temporary closing order or a temporary restrain-
    50  ing order, the police officer or peace officer shall post a copy thereof
    51  in  a  conspicuous  place  or upon one or more of the principal doors at
    52  entrances of such  premises  where  the  unlicensed  activity  is  being
    53  conducted,  maintained,  or  permitted.  In  addition, where a temporary
    54  closing order has been granted, the officer shall affix, in a  conspicu-
    55  ous  place  or  upon  one or more of the principal doors at entrances of
    56  such premises, a printed notice that the premises have  been  closed  by

        S. 4006--C                         157                        A. 3006--C
 
     1  court  order,  which  notice  shall  contain the legend "closed by court
     2  order" in block lettering of sufficient size to be  observed  by  anyone
     3  intending  or  likely  to enter the premises, the date of the order, the
     4  court  from  which issued, and the name of the officer or agency posting
     5  the notice. In addition, where a temporary restraining  order  has  been
     6  granted,    the police officer or peace officer shall affix, in the same
     7  manner, a notice similar to the notice provided for  in  relation  to  a
     8  temporary  closing order except that the notice shall state that certain
     9  described activity is prohibited by court  order  and  that  removal  of
    10  property  is prohibited by court order.  Mutilation or removal of such a
    11  posted order or such a posted notice while it remains in force, in addi-
    12  tion to any other punishment prescribed by law, shall be punishable,  on
    13  conviction,  by  a  fine  of  not  more than five thousand dollars or by
    14  imprisonment not exceeding ninety days, or by both, provided such  order
    15  or  notice contains therein a notice of such penalty. Any police officer
    16  or peace officer with jurisdiction may, upon the request of the  office,
    17  assist in the enforcement of this section.
    18    6.  Temporary  closing order; temporary restraining order; defendant's
    19  remedies.   (a) A temporary closing order  or  a  temporary  restraining
    20  order  shall  be  vacated,  upon  notice to the office, if the defendant
    21  shows by affidavit and such other proof as may  be  submitted  that  the
    22  unlicensed activity within the scope of this chapter has been abated. An
    23  order  vacating  a  temporary  closing  order or a temporary restraining
    24  order shall include a provision authorizing the office  to  inspect  the
    25  building  or  premises  which is the subject of a proceeding pursuant to
    26  this subdivision, periodically without notice, during  the  pendency  of
    27  the  proceeding for the purpose of ascertaining whether or not the unli-
    28  censed activity has been resumed. Any police officer  or  peace  officer
    29  with  jurisdiction  may,  upon  the request of the office, assist in the
    30  enforcement of an inspection provision of an order vacating a  temporary
    31  closing order or temporary restraining order.
    32    (b)  A temporary closing order or a temporary restraining order may be
    33  vacated by the court, upon notice to  the  office,  when  the  defendant
    34  gives  an undertaking and the court is satisfied that the public health,
    35  safety, or welfare will be protected adequately during the  pendency  of
    36  the  proceeding.  The  undertaking  shall  be  in an amount equal to the
    37  assessed valuation of the building  or  premises  where  the  unlicensed
    38  activity  is  being conducted, maintained, or permitted or in such other
    39  amount as may be fixed by the court. The  defendant  shall  pay  to  the
    40  office  and  the  attorney general, in the event a judgment of permanent
    41  injunction is obtained, their actual costs, expenses  and  disbursements
    42  in  bringing  and maintaining the proceeding. In addition, the defendant
    43  shall pay to  the  local  government  or  law  enforcement  agency  that
    44  provided  assistance in enforcing any order of the court issued pursuant
    45  to a proceeding brought under this section, its actual  costs,  expenses
    46  and disbursements in assisting with the enforcement of the proceeding.
    47    7.  Permanent injunction.  (a) A judgment awarding a permanent injunc-
    48  tion pursuant to this chapter shall direct  that  any  illicit  cannabis
    49  seized  shall  be  turned  over  to the office of cannabis management or
    50  their authorized representative. The judgment  may  further  direct  any
    51  police  officer  or  peace officer with jurisdiction to seize and remove
    52  from the building or premises all material, equipment, and instrumental-
    53  ities used in the creation and maintenance of  the  unlicensed  activity
    54  and  shall  direct  the  sale by the sheriff of any such property in the
    55  manner provided for the sale of personal property under execution pursu-
    56  ant to the provisions of the civil  practice  law  and  rules.  The  net

        S. 4006--C                         158                        A. 3006--C
 
     1  proceeds  of  any  such  sale,  after  deduction  of the lawful expenses
     2  involved, shall be paid to the general fund of the state.
     3    (b)  A judgment awarding a permanent injunction pursuant to this chap-
     4  ter may direct the closing of the building or  premises  by  any  police
     5  officer  or  peace  officer with jurisdiction to the extent necessary to
     6  abate the unlicensed activity and shall direct  any  police  officer  or
     7  peace  officer  with  jurisdiction  to post a copy of the judgment and a
     8  printed notice of such closing conforming to the  requirements  of  this
     9  chapter.  The  closing directed by the judgment shall be for such period
    10  as the court may direct but in no event shall the closing be for a peri-
    11  od of more than one year from the posting of the judgment  provided  for
    12  in  this  section.  If  the  owner shall file a bond in the value of the
    13  property ordered to be closed and submits proof to the  court  that  the
    14  unlicensed activity has been abated and will not be created, maintained,
    15  or  permitted  for  such  period of time as the building or premises has
    16  been directed to be closed in the judgment, the  court  may  vacate  the
    17  provisions  of  the  judgment that direct the closing of the building or
    18  premises. A closing by a police officer or peace officer with  jurisdic-
    19  tion  pursuant to the provisions of this section shall not constitute an
    20  act of possession, ownership, or control by such police officer or peace
    21  officer of the closed premises.
    22    (c) Upon the request of the  office  of  cannabis  management  or  its
    23  authorized  representative,  any  police  officer  or peace officer with
    24  jurisdiction may assist in the enforcement  of  a  judgment  awarding  a
    25  permanent  injunction  entered  in a proceeding brought pursuant to this
    26  chapter.
    27    (d) A judgment rendered awarding a permanent  injunction  pursuant  to
    28  this  chapter  shall  be and become a lien upon the building or premises
    29  named in the petition in such proceeding, such lien  to  date  from  the
    30  time of filing a notice of lis pendens in the office of the clerk of the
    31  county  wherein  the  building  or  premises is located. Every such lien
    32  shall have priority before any mortgage or other lien that exists  prior
    33  to such filing except tax and assessment liens.
    34    (e)  A judgment awarding a permanent injunction pursuant to this chap-
    35  ter shall provide, in addition to the costs and disbursements allowed by
    36  the civil practice law and rules, upon satisfactory proof  by  affidavit
    37  or  such  other evidence as may be submitted, the actual costs, expenses
    38  and disbursements of the office and the attorney general in bringing and
    39  maintaining the proceeding.
    40    8. Civil proceedings. In addition to the  authority  granted  in  this
    41  section  to  the office of cannabis management and the attorney general,
    42  county attorney, corporation counsel, or local government in which  such
    43  building  or  premises  is  located  may,  after  the office of cannabis
    44  management grants permission in writing,  bring  and  maintain  a  civil
    45  proceeding  in  the supreme court of the county in which the building or
    46  premises is  located  to  permanently  enjoin  the  unlicensed  activity
    47  described  in this section and the person or persons conducting or main-
    48  taining such unlicensed activity, in accordance with the procedures  set
    49  forth in this section.  The office shall be permitted to intervene as of
    50  right in any such proceeding. Any such governmental entity which obtains
    51  a  permanent  injunction  pursuant  to this chapter shall be awarded, in
    52  addition to the costs and disbursements allowed by  the  civil  practice
    53  law  and  rules,  upon  satisfactory  proof  by  affidavit or such other
    54  evidence as may be submitted, the actual costs, expenses  and  disburse-
    55  ments in bringing and maintaining the proceeding. The authority provided
    56  by  this subdivision shall be in addition to, and shall not be deemed to

        S. 4006--C                         159                        A. 3006--C
 
     1  diminish or reduce, any rights of the parties described in this  section
     2  under  existing  law  for  any violation pursuant to this chapter or any
     3  other law.
     4    §  13.  Subdivisions  3, 6 and 7 of section 17 of the cannabis law are
     5  amended to read as follows:
     6    3. Notice and right of hearing as provided in the state administrative
     7  procedure act shall be served at least fifteen days prior to the date of
     8  the hearing, provided that, whenever because of  danger  to  the  public
     9  health, safety or welfare it appears prejudicial to the interests of the
    10  people  of the state to delay action for fifteen days or with respect to
    11  a violation of subdivision one or one-a of section one  hundred  twenty-
    12  five  of  this chapter, the board may serve the respondent with an order
    13  requiring certain action or the cessation of  certain  activities  imme-
    14  diately or within a specified period of less than fifteen days.
    15    6.  Following a hearing, the board may make appropriate determinations
    16  and issue a final order in accordance therewith.   The respondent  shall
    17  have  thirty  days  to  submit  a  written  appeal  to the board. If the
    18  respondent does not submit a written appeal within thirty  days  of  the
    19  determination of the board the order shall be final.
    20    7.  The  board  may  adopt,  amend and repeal administrative rules and
    21  regulations governing the procedures to  be  followed  with  respect  to
    22  hearings,  [such]  investigations,  and other administrative enforcement
    23  actions taken pursuant to this chapter, including any  such  enforcement
    24  actions  taken  against  persons  not registered, licensed, or permitted
    25  under this chapter. Such rules [to] shall be consistent with the  policy
    26  and  purpose  of  this chapter and the effective and fair enforcement of
    27  its provisions.
    28    § 14. Section 19 of the cannabis law is amended to read as follows:
    29    § 19. Public health and education campaign. The office,  in  consulta-
    30  tion  with  the  commissioners  of  the  department of health, office of
    31  addiction services and supports, and  office  of  mental  health,  shall
    32  develop and implement a comprehensive public health monitoring, surveil-
    33  lance  and  education  campaign  regarding the legalization of adult-use
    34  cannabis and the impact of cannabis use on public health and safety. The
    35  public health and education campaign shall also include  general  educa-
    36  tion to the public about the cannabis law, including the potential risks
    37  associated  with  patronizing  unlicensed retail locations, or otherwise
    38  procuring cannabis product, cannabinoid hemp  or  hemp  extract  product
    39  through persons not authorized by the office.
    40    §  15.  Paragraphs  (l)  and (m) of subdivision 1 of section 64 of the
    41  cannabis law are amended and a new paragraph (n) is  added  to  read  as
    42  follows:
    43    (l)  the applicant satisfies any other conditions as determined by the
    44  board; [and]
    45    (m) if the applicant is a registered organization, the  organization's
    46  maintenance of effort in manufacturing and/or dispensing and/or research
    47  of medical cannabis for certified patients and caregivers[.]; and
    48    (n)  whether the applicant or its managing officers have been found to
    49  have engaged in activities in violation of this chapter.
    50    § 16. Section 125 of the cannabis law  is  amended  by  adding  a  new
    51  subdivision 1-a to read as follows:
    52    1-a. No person shall engage in an indirect retail sale irrespective of
    53  whether  such  person  has  obtained  a registration, license, or permit
    54  issued under this chapter.

        S. 4006--C                         160                        A. 3006--C

     1    § 17. Subdivisions 1 and 6 of section 132  of  the  cannabis  law  are
     2  amended  and  three  new subdivisions 1-a, 7, and 8 are added to read as
     3  follows:
     4    1.  (a) Any person who cultivates for sale or sells cannabis, cannabis
     5  products, [or] medical cannabis, or any product marketed or  labeled  as
     6  such,  without  having  an  appropriate  registration, license or permit
     7  therefor, [or] including a person whose registration, license, or permit
     8  has been revoked, surrendered or cancelled, [may be  subject  to  prose-
     9  cution  in  accordance  with article two hundred twenty-two of the penal
    10  law] where such person is engaging in activity for which a license would
    11  be required under this chapter, may be subject to a civil penalty of not
    12  more than ten thousand dollars for each day during which such  violation
    13  continues  and  an additional civil penalty in an amount of no more than
    14  five times the revenue from such prohibited sales or, in an amount of no
    15  more than three times the projected revenue for any such  product  found
    16  in  the possession of such person based on the retail list price of such
    17  products; provided, however, that any such person who  engages  in  such
    18  activity  from a residence or other real property not otherwise held out
    19  as open to the public or otherwise  being  utilized  in  a  business  or
    20  commercial manner or any private vehicle on or about same such property,
    21  and  the  quantity  of such product on such premises or vehicle does not
    22  exceed the limits of personal use under article two  hundred  twenty-two
    23  of the penal law, may be subject to a civil penalty of no more than five
    24  thousand dollars.
    25    Provided,  further,  that  where such person has been ordered to cease
    26  such conduct pursuant to subdivision one of section one hundred  thirty-
    27  eight-a  of this chapter, such person may be assessed a civil penalty of
    28  no more than twenty thousand dollars per day for each day  during  which
    29  such  violation  continues after receiving such order in addition to the
    30  additional civil penalties set forth above; provided, however, that  any
    31  such  person who engages in such activity from a residence or other real
    32  property not otherwise held out as open to the public or otherwise being
    33  utilized in a business or commercial manner or any private vehicle on or
    34  about same such property, and the quantity of such product on such prem-
    35  ises or vehicle does not exceed the limits of personal use under article
    36  two hundred twenty-two of the penal law,  may  be  subject  to  a  civil
    37  penalty of no more than ten thousand dollars.
    38    (b)  If a person engaging in the conduct described in paragraph (a) of
    39  this subdivision, or subdivision one-a of this section refuses to permit
    40  the office or the board from performing a  regulatory  inspection,  such
    41  person  may  be  assessed a civil penalty of up to four thousand dollars
    42  for a first refusal and up to eight thousand dollars  for  a  second  or
    43  subsequent  refusal within three years of a prior refusal. If the office
    44  or board is not permitted access for a regulatory inspection pursuant to
    45  section ten or section eleven of this chapter, as  applicable,  by  such
    46  person,  the  attorney  general,  upon  the request of the office or the
    47  board, shall be authorized to apply, without notice to such  person,  to
    48  the  supreme  court  in  the  county  in  which the place of business is
    49  located for an order granting the office or board access to  such  place
    50  of  business.  The court may grant such an order if it determines, based
    51  on evidence presented by the attorney general, that there is  reasonable
    52  cause  to  believe  that  such  place of business is a place of business
    53  which does not possess a valid registration, license, or  permit  issued
    54  by the office or board.

        S. 4006--C                         161                        A. 3006--C
 
     1    (c) In assessing the civil penalties under this subdivision, the board
     2  or office shall take into consideration the nature of such violation and
     3  shall assess a penalty that is proportionate to the violation.
     4    1-a.  Any  person  found  to  have  engaged in indirect retail sale in
     5  violation of subdivision one-a of section  one  hundred  twenty-five  of
     6  this  chapter, shall be subject to a civil penalty in an amount equaling
     7  the lesser of three times the revenue for such indirect retail sales  or
     8  up  to  two  thousand five hundred dollars for each such sale, provided,
     9  however, that where such conduct also constitutes a violation of  subdi-
    10  vision one of this section, such person may only be subject to the civil
    11  penalties  under one such subdivision, and provided, further, that where
    12  such person has been ordered to cease such conduct pursuant to  subdivi-
    13  sion  one  of  section  one hundred thirty-eight-a of this article, such
    14  person may be assessed a civil penalty of up to  five  thousand  dollars
    15  for  each  day  during which such violation continues in addition to any
    16  civil penalties set forth above.
    17    6. [After due] Except as otherwise provided for in this  chapter,  the
    18  board  shall  promulgate  rules and regulations providing for notice and
    19  opportunity to be heard, [as established by rules and regulations] prior
    20  to the imposition of any civil penalty under this section, except  where
    21  such  civil  penalty  is  being sought in an action or proceeding by the
    22  attorney general as otherwise  authorized  in  this  chapter,  provided,
    23  further,  nothing in this section shall prohibit the board from suspend-
    24  ing, revoking, or denying a license, permit, registration,  or  applica-
    25  tion  in  addition to the penalties [prescribed in] that may be assessed
    26  under this section.
    27    7. The penalties provided for in subdivision one of this  section  may
    28  be recovered by the attorney general on behalf of the board or office in
    29  an  action or proceeding brought pursuant to section one hundred thirty-
    30  eight-a of this chapter.
    31    8. Any person who knowingly and unlawfully sells, gives, or causes  to
    32  be  sold  or given, any cannabis or cannabis products for which the sale
    33  of such products requires a license, permit, or registration under  this
    34  chapter where such person owns and/or is principally responsible for the
    35  operation  of a business where such products were sold, given, or caused
    36  to be sold or given without having obtained a valid license,  permit  or
    37  registration  therefor shall be guilty of a class A misdemeanor. For the
    38  purposes of this section, "operation of a business" shall mean  engaging
    39  in  the  sale  of, or otherwise offering for sale, goods and services to
    40  the general public, including through indirect retail sales.
    41    § 18. Subdivisions 6 and 8 of section 133  of  the  cannabis  law  are
    42  amended to read as follows:
    43    6. Any registration, license or permit issued by the board pursuant to
    44  this  chapter may be revoked, cancelled or suspended and/or be subjected
    45  to the imposition of a monetary penalty set forth in this chapter in the
    46  manner prescribed by this section. In addition to the grounds set  forth
    47  in  this  section,  the  board  may  also revoke, cancel, or suspend any
    48  registration, license, or permit where such person holding  such  regis-
    49  tration,  license,  or permit has been found to have refused to permit a
    50  regulatory inspection by the board.
    51    8. All other registrations, licenses  or  permits  issued  under  this
    52  chapter  may be revoked, cancelled, suspended and/or made subject to the
    53  imposition of a civil penalty by the office after a hearing to  be  held
    54  in  such  manner and upon such notice as may be prescribed in regulation
    55  by the board. In addition to the grounds set forth in this section,  the
    56  office may also revoke, cancel, or suspend any registration, license, or

        S. 4006--C                         162                        A. 3006--C
 
     1  permit  where  such person holding such registration, license, or permit
     2  has been found to have refused to permit a regulatory inspection by  the
     3  office.
     4    §  19.  Subdivision 1 of section 137 of the cannabis law is amended by
     5  adding a new paragraph (d-1) to read as follows:
     6    (d-1) A person who has been  found  to  have  engaged  in  unlicensed,
     7  unregistered,  or  unpermitted  conduct  under this chapter, until three
     8  years after such finding;
     9    § 20. Section 138-a of the cannabis law is amended to read as follows:
    10    § 138-a. [Injunction] Action for  unlawful  [manufacturing,  sale,  or
    11  distribution  of]  business practices relating to cannabis. The board or
    12  the office of cannabis management shall, in accordance with the authori-
    13  ty otherwise conferred in this chapter, have the authority  to  [request
    14  an injunction]:
    15    1.  order  any  person  who  is  unlawfully  cultivating,  processing,
    16  distributing or selling cannabis, cannabis product, cannabinoid hemp  or
    17  hemp extract product, or any product marketed or labeled as such in this
    18  state without obtaining the appropriate registration, license, or permit
    19  therefor, or engaging in an indirect retail sale to cease such prohibit-
    20  ed conduct;
    21    2.  seize  any  cannabis,  cannabis  product, cannabinoid hemp or hemp
    22  extract product, or any product marketed or labeled as  such,  found  in
    23  the  possession of a person engaged in the conduct described in subdivi-
    24  sion one of this section;
    25    3. initiate or refer the matter to the  board  for  an  administrative
    26  proceeding to enforce the provisions of this section;
    27    4. seek injunctive relief against any person [who is unlawfully culti-
    28  vating, processing, distributing or selling cannabis in this state with-
    29  out obtaining the appropriate registration, license, or permit therefor,
    30  in  accordance  with this chapter and any applicable state law] engaging
    31  in conduct in violation of this section; and
    32    5. request that the attorney general obtain judicial enforcement of an
    33  order issued under subdivision one of this section or bring an action or
    34  proceeding for any relief otherwise authorized under this chapter for  a
    35  violation  of  this  chapter,  including  the recovery of any applicable
    36  civil penalties.
    37    § 21. The real property actions and  proceedings  law  is  amended  by
    38  adding a new section 715-a to read as follows:
    39    §  715-a.  Grounds and procedure for removal of commercial tenants for
    40  unlicensed cannabis retail sale.  1.  Any  duly  authorized  enforcement
    41  agency of the state or of a subdivision thereof, under a duty to enforce
    42  the provisions of the penal law or of any state or local law, ordinance,
    43  code,  rule or regulation relating to buildings, or the cannabis control
    44  board, office of cannabis management or the attorney general pursuant to
    45  section one hundred  thirty-eight-a  of  the  cannabis  law,  may  serve
    46  personally  upon  the  owner  or landlord of real property authorized or
    47  otherwise intended or advertised, in whole or part, for use to buy, sell
    48  or otherwise provide goods or services, or for other  business,  commer-
    49  cial,  professional  services or manufacturing activities, or upon their
    50  agent, a written notice requiring the  owner  or  landlord  to  make  an
    51  application for the removal of a commercial tenant so using or occupying
    52  the  same for a violation of article two hundred twenty-two of the penal
    53  law or article six of the cannabis law involving the unlicensed sale  of
    54  cannabis,  where  such  property,  or the portion thereof being used for
    55  such unlicensed activity, is not occupied  for  any  other  licensed  or
    56  lawful  purpose.  If  the owner or landlord or their agent does not make

        S. 4006--C                         163                        A. 3006--C

     1  such application within five days thereafter; or, having made  it,  does
     2  not in good faith diligently prosecute it, the enforcement agency giving
     3  the notice may bring a proceeding under this article for such removal as
     4  though  the  petitioner  were the owner or landlord of the premises, and
     5  shall have precedence over any similar proceeding thereafter brought  by
     6  such  owner  or  landlord  or to one theretofore brought by them and not
     7  prosecuted diligently and in good faith. An enforcement  agency  author-
     8  ized  to bring a petition hereunder may do so on their own initiative or
     9  upon a referral from an agency of the state or  a  subdivision  thereof.
    10  The  person  in  possession  of  the  property, as well as any lessee or
    11  sublessee and the owner or landlord shall be  made  respondents  in  the
    12  proceeding.
    13    2.  A  court, upon a finding of such violation may, in addition to any
    14  other order provided by law:
    15    (a) grant a petition pursuant to this section ordering  the  immediate
    16  removal of such tenant;
    17    (b)  impose  and  require  the payment by any respondent not otherwise
    18  subject to a civil penalty under section sixteen or one hundred  twenty-
    19  five of the cannabis law, who has been found to have knowingly permitted
    20  such  a  violation, a civil penalty not exceeding three times the amount
    21  of rent charged for the duration of the violation;
    22    (c) order the payment of reasonable attorneys fees and  the  costs  of
    23  the proceeding to the petitioner; and
    24    (d)  order  that  any  such  multiple respondents shall be jointly and
    25  severally liable for any payment so ordered under this subdivision.
    26    3. For the purposes of a proceeding under this section, an enforcement
    27  agency of the state or of a subdivision thereof, which  may  commence  a
    28  proceeding  under  this  section,  may  subpoena witnesses, compel their
    29  attendance, examine them under oath before themselves  or  a  court  and
    30  require that any books, records, documents or papers relevant or materi-
    31  al  to the inquiry be turned over to them for inspection, examination or
    32  audit, pursuant to the civil practice law and rules.
    33    4. The use or occupancy of premises solely or primarily for the  unli-
    34  censed  retail sale of cannabis shall constitute an illegal trade, manu-
    35  facture, or other business for the purposes of section two hundred thir-
    36  ty-one of the real property law.
    37    § 22. Section 2.10 of the criminal procedure law is amended by  adding
    38  a new subdivision 86 to read as follows:
    39    86. Investigators appointed by the cannabis control board, pursuant to
    40  section ten of the cannabis law; provided, however, that nothing in this
    41  subdivision shall be deemed to authorize such officer to carry, possess,
    42  repair,  or dispose of a firearm unless the appropriate license therefor
    43  has been issued pursuant to section 400.00 of the penal law.
    44    § 23. This act shall take effect immediately; provided, however,  that
    45  the  provisions  of section 16-a of the cannabis law as added by section
    46  twelve of this act shall expire and be deemed repealed on May 1, 2028.
 
    47                                   PART VV
 
    48    Section 1. This Part enacts into law major components  of  legislation
    49  relating  to  securing  orders,  mandatory arrests for domestic violence
    50  cases, and data collection. Each component is wholly contained within  a
    51  Subpart  identified as Subparts A through C. The effective date for each
    52  particular provision contained within such Subpart is set forth  in  the
    53  last  section  of  such  Subpart. Any provision in any section contained
    54  within a Subpart, including the effective date  of  the  Subpart,  which

        S. 4006--C                         164                        A. 3006--C
 
     1  makes reference to a section "of this act", when used in connection with
     2  that  particular  component,  shall  be  deemed to mean and refer to the
     3  corresponding section of the Subpart in which it is found. Section three
     4  of this Part sets forth the general effective date of this act.
 
     5                                  SUBPART A
 
     6    Section  1. The opening paragraph and paragraphs (d) and (f) of subdi-
     7  vision 3-a and subdivision 5 of section 500.10 of the criminal procedure
     8  law, the opening paragraph and paragraph (d) as  amended  and  paragraph
     9  (f) of subdivision 3-a as added by section 1 of part UU of chapter 56 of
    10  the laws of 2020 and subdivision 5 as amended by section 1-e of part JJJ
    11  of chapter 59 of the laws of 2019, are amended to read as follows:
    12    "Release  under non-monetary conditions." A court releases a principal
    13  under non-monetary conditions  when,  having  acquired  control  over  a
    14  person, it authorizes the person to be at liberty during the pendency of
    15  the  criminal  action or proceeding involved under conditions ordered by
    16  the court[, which]. The conditions ordered shall [be the least  restric-
    17  tive  conditions  that  will] reflect the findings of the individualized
    18  determination warranting such imposition of non-monetary  conditions  to
    19  reasonably  assure the principal's return to court and reasonably assure
    20  the principal's compliance with court conditions. A principal shall  not
    21  be  required  to pay for any part of the cost of release on non-monetary
    22  conditions. Such conditions may include, among other conditions  reason-
    23  able under the circumstances:
    24    (d)  that, [when it is shown pursuant to] upon a finding in accordance
    25  with subdivision four of section 510.45 of this  title  [that  no  other
    26  realistic  non-monetary condition or set of non-monetary conditions will
    27  suffice to reasonably assure the person's return to court],  the  person
    28  be  placed  in  reasonable pretrial supervision with a pretrial services
    29  agency serving principals in that county, provided, however  that  where
    30  non-monetary conditions are imposed in combination with a securing order
    31  also  fixing bail, the court shall not be required to make such separate
    32  finding;
    33    (f) that the principal be referred to a pretrial services  agency  for
    34  placement  in  mandatory  programming,  including counseling, treatment,
    35  including but not limited  to  mental  health  and  chemical  dependence
    36  treatment,  and  intimate  partner violence intervention programs. Where
    37  applicable, the court may refer the principal to a crisis  stabilization
    38  center or direct that the principal be removed to a hospital pursuant to
    39  section 9.43 of the mental hygiene law;
    40    5.  "Securing  order" means an order of a court committing a principal
    41  to the custody of the sheriff  or  fixing  bail,  where  authorized,  or
    42  releasing the principal on the principal's own recognizance or releasing
    43  the principal under non-monetary conditions, or, as otherwise authorized
    44  under  this  title, ordering non-monetary conditions in conjunction with
    45  fixing bail.
    46    § 2. The opening paragraph of subdivision 1,  subdivision  3  and  the
    47  opening  paragraph  of  subdivision  4 of section 510.10 of the criminal
    48  procedure law, the opening paragraph of  subdivision  1  as  amended  by
    49  section  1  of  subpart  C of part UU of chapter 56 of the laws of 2022,
    50  subdivision 3 as added by section 2 of part JJJ of  chapter  59  of  the
    51  laws  of  2019, and the opening paragraph of subdivision 4 as amended by
    52  section 2 of part UU of chapter 56 of the laws of 2020, are amended  and
    53  a new opening paragraph is added to read as follows:

        S. 4006--C                         165                        A. 3006--C
 
     1    The  imposition  of a specific type of securing order is in some cases
     2  required by law and in other cases within the discretion of the court in
     3  accordance with the principles of, and pursuant to its authority granted
     4  under, this title.
     5    When  a  principal, whose future court attendance at a criminal action
     6  or proceeding is or may be required, comes under the control of a court,
     7  such court shall[,] impose a securing  order  in  accordance  with  this
     8  title[, by a securing order release the principal on the principal's own
     9  recognizance,  release  the principal under non-monetary conditions, or,
    10  where authorized, fix bail or commit the principal to the custody of the
    11  sheriff. In all such cases, except where another type of securing  order
    12  is  shown  to  be required by law, the court shall release the principal
    13  pending trial on the principal's own recognizance, unless it  is  demon-
    14  strated  and].  Except  as  otherwise required by law, the court [makes]
    15  shall make an individualized determination  [that]  as  to  whether  the
    16  principal poses a risk of flight to avoid prosecution, consider the kind
    17  and  degree of control or restriction necessary to reasonably assure the
    18  principal's return to court, and select a securing order consistent with
    19  its determination under this subdivision. [If such a  finding  is  made,
    20  the court must select the least restrictive alternative and condition or
    21  conditions that will reasonably assure the principal's return to court.]
    22  The  court  shall explain the basis for its determination and its choice
    23  of [release, release with conditions, bail or remand] securing order  on
    24  the  record  or  in  writing. In making [its] a determination under this
    25  subdivision, the court must consider and  take  into  account  available
    26  information about the principal, including:
    27    3.  In  cases  other  than  as  described  in subdivision four of this
    28  section, the court shall release the  principal  pending  trial  on  the
    29  principal's own recognizance, unless the court finds on the record or in
    30  writing  that  release  on  the  principal's  own  recognizance will not
    31  reasonably assure the principal's return to court.  In  such  instances,
    32  the  court  shall  release the principal under non-monetary conditions[,
    33  selecting the least restrictive alternative and conditions] as  provided
    34  for  in  subdivision  three-a  of section 500.10 of this title that will
    35  reasonably assure the principal's  return  to  court.  The  court  shall
    36  explain its choice of [alternative and conditions] securing order on the
    37  record or in writing.
    38    Where  the  principal  stands  charged  with a qualifying offense, the
    39  court, unless otherwise prohibited by law, may in its discretion release
    40  the principal pending trial on the principal's own recognizance or under
    41  non-monetary conditions, fix bail, or order non-monetary  conditions  in
    42  conjunction  with fixing bail, or, where the defendant is charged with a
    43  qualifying offense which is a felony, the court may commit the principal
    44  to the custody of the sheriff. A principal stands charged with a  quali-
    45  fying offense for the purposes of this subdivision when he or she stands
    46  charged with:
    47    §  3.  Subdivision  1  and  paragraph  (b) of subdivision 2 of section
    48  510.20 of the criminal procedure law, as amended by section  3  of  part
    49  JJJ of chapter 59 of the laws of 2019, are amended and a new subdivision
    50  3 is added to read as follows:
    51    1.  Upon  any  occasion  when a court has issued a securing order with
    52  respect to a principal and the principal is confined in the  custody  of
    53  the  sheriff  as  a  result of the securing order or a previously issued
    54  securing order, the principal may make an application for  recognizance,
    55  release  under  non-monetary conditions [or], bail, a reduction of bail,

        S. 4006--C                         166                        A. 3006--C
 
     1  or imposition of non-monetary conditions in conjunction with bail  or  a
     2  reduction of bail.
     3    (b)  Upon such application, the principal must be accorded an opportu-
     4  nity to be heard, present evidence and  to  contend  that  an  order  of
     5  recognizance,  release  under  non-monetary conditions or, where author-
     6  ized, bail, a reduction of bail, or imposition  of  non-monetary  condi-
     7  tions  in  conjunction  with bail or a reduction of bail, must or should
     8  issue, that the court should release the principal  on  the  principal's
     9  own  recognizance or under non-monetary conditions rather than fix bail,
    10  or where bail has been imposed, reduce the amount  of  bail  and  impose
    11  non-monetary  conditions, where authorized under this title, and that if
    12  bail is authorized and fixed it should be  in  a  suggested  amount  and
    13  form.
    14    3. When an application for a change in securing order is brought under
    15  this  section  and  one  or  more of the charge or charges on which such
    16  securing order was based have been dismissed and/or  reduced  such  that
    17  the  securing  order is no longer supported by the provisions of section
    18  510.10 of this article, the court shall impose a new securing  order  in
    19  accordance with such section.
    20    § 4. Subdivision 1 of section 510.30 of the criminal procedure law, as
    21  amended  by  section 2 of subpart C of part UU of chapter 56 of the laws
    22  of 2022, is amended to read as follows:
    23    1. With respect to any principal,  the  court  in  all  cases,  unless
    24  otherwise  provided  by law, must impose [the least restrictive kind and
    25  degree of control or restriction that is necessary to secure the princi-
    26  pal's return to court when required. In  determining  that  matter,  the
    27  court  must,  on  the  basis of available information, consider and take
    28  into account information about the principal that  is  relevant  to  the
    29  principal's return to court, including:
    30    (a) The principal's activities and history;
    31    (b) If the principal is a defendant, the charges facing the principal;
    32    (c) The principal's criminal conviction record if any;
    33    (d)  The  principal's  record  of  previous adjudication as a juvenile
    34  delinquent, as retained pursuant to section 354.2 of  the  family  court
    35  act,  or,  of  pending cases where fingerprints are retained pursuant to
    36  section 306.1 of such act, or a youthful offender, if any;
    37    (e) The principal's previous record with respect to  flight  to  avoid
    38  criminal prosecution;
    39    (f)  If monetary bail is authorized, according to the restrictions set
    40  forth in this title, the principal's individual financial circumstances,
    41  and, in cases where bail is authorized, the principal's ability to  post
    42  bail  without  posing  undue  hardship, as well as his or her ability to
    43  obtain a secured, unsecured, or partially secured bond;
    44    (g) any violation by the principal of an order of protection issued by
    45  any court;
    46    (h) the principal's history of use or possession of a firearm;
    47    (i) whether the charge is alleged to have caused serious  harm  to  an
    48  individual or group of individuals; and
    49    (j) If the principal is a defendant, in the case of an application for
    50  a  securing  order  pending  appeal,  the  merit or lack of merit of the
    51  appeal] a securing order in accordance with section 510.10 of this arti-
    52  cle, and shall explain the basis for its  determination  and  choice  of
    53  securing order on the record or in writing.
    54    §  5.  Subdivision  3  and  paragraph  (b) of subdivision 4 of section
    55  510.40 of the criminal procedure law, as added by section 6 of part  JJJ
    56  of chapter 59 of the laws of 2019, are amended to read as follows:

        S. 4006--C                         167                        A. 3006--C
 
     1    3.  Non-monetary  conditions  of  release  shall be individualized and
     2  established in writing by the court. At future  court  appearances,  the
     3  court shall consider a lessening of conditions or modification of condi-
     4  tions to a less burdensome form based on the principal's compliance with
     5  such  conditions of release. In the event of alleged non-compliance with
     6  the conditions of release in an  important  respect,  pursuant  to  this
     7  subdivision,  additional  conditions may be imposed by the court, on the
     8  record or in writing, only after notice of the facts  and  circumstances
     9  of  such  alleged  non-compliance,  reasonable  under the circumstances,
    10  affording the principal and the principal's attorney and the  people  an
    11  opportunity to present relevant, admissible evidence, relevant witnesses
    12  and  to  cross-examine  witnesses, and a finding by clear and convincing
    13  evidence that the principal violated a condition of release in an impor-
    14  tant respect. Following such a finding, in determining whether to impose
    15  additional conditions for non-compliance, the court shall  consider  and
    16  may  select conditions [consistent with the court's obligation to impose
    17  the least restrictive condition or conditions] as provided for in subdi-
    18  vision three-a of section 500.10 of  this  title  that  will  reasonably
    19  assure  the  defendant's return to court. The court shall explain on the
    20  record or in writing the reasons  for  its  determination  and  for  any
    21  changes to the conditions imposed.
    22    (b)  The  specific  method of electronic monitoring of the principal's
    23  location must be approved by the court. [It must be the  least  restric-
    24  tive] The procedure and method [that will] of such electronic monitoring
    25  shall  reflect the findings of the individualized determination warrant-
    26  ing such imposition of electronic monitoring to  reasonably  assure  the
    27  principal's  return  to  court, and shall be unobtrusive to the greatest
    28  extent practicable.
    29    § 6. Paragraph (a) and the  opening  paragraph  of  paragraph  (b)  of
    30  subdivision  1,  and  the  opening paragraph of subdivision 2 of section
    31  530.20 of the criminal procedure law, paragraph (a) of subdivision 1  as
    32  amended  by  section 3 of subpart C of part UU of chapter 56 of the laws
    33  of 2022, the opening paragraph of paragraph (b) as amended by section  3
    34  of  part UU of chapter 56 of the laws of 2020, and the opening paragraph
    35  of subdivision 2 as amended by section 16 of part JJJ of chapter  59  of
    36  the laws of 2019, are amended to read as follows:
    37    (a) In cases other than as described in paragraph (b) of this subdivi-
    38  sion, the court shall release the principal pending trial on the princi-
    39  pal's  own  recognizance[,  unless the court finds on the record] or [in
    40  writing that] release [on] the [principal's own  recognizance  will  not
    41  reasonably  assure  the  principal's return to court. In such instances,
    42  the court shall release the] principal pending trial under  non-monetary
    43  conditions,  [selecting the least restrictive alternative and conditions
    44  that will reasonably assure the principal's return to court] the  deter-
    45  mination  for  which shall be made in accordance with subdivision one of
    46  section 510.10 of this title.  The court shall explain the basis for its
    47  determination and choice of [alternative and conditions] securing  order
    48  on  the  record  or  in writing. [In making its determination, the court
    49  must consider and take into  account  available  information  about  the
    50  principal, including:
    51    (i) the principal's activities and history;
    52    (ii)  if  the principal is a defendant, the charges facing the princi-
    53  pal;
    54    (iii) the principal's criminal conviction record if any;
    55    (iv) the principal's record of previous  adjudication  as  a  juvenile
    56  delinquent,  as  retained  pursuant to section 354.1 of the family court

        S. 4006--C                         168                        A. 3006--C

     1  act, or of pending cases where fingerprints  are  retained  pursuant  to
     2  section 306.1 of such act, or a youthful offender, if any;
     3    (v)  the  principal's  previous record with respect to flight to avoid
     4  criminal prosecution;
     5    (vi) if monetary bail is authorized, according to the restrictions set
     6  forth in this title, the principal's individual financial circumstances,
     7  and, in cases where bail is authorized, the principal's ability to  post
     8  bail  without  posing  undue  hardship, as well as his or her ability to
     9  obtain a secured, unsecured, or partially secured bond;
    10    (vii) any violation by the principal of an order of protection  issued
    11  by any court;
    12    (viii) the principal's history and use or possession of a firearm;
    13    (ix)  whether  the charge is alleged to have caused serious harm to an
    14  individual or group of individuals; and
    15    (x) if the principal is a defendant, in the case of an application for
    16  a securing order pending appeal, the merit  or  lack  of  merit  of  the
    17  appeal.]
    18    Where  the  principal  stands  charged  with a qualifying offense, the
    19  court, unless otherwise prohibited by law, may in its discretion release
    20  the principal pending trial on the principal's own recognizance or under
    21  non-monetary conditions, fix  bail,  order  non-monetary  conditions  in
    22  conjunction  with fixing bail, or, where the defendant is charged with a
    23  qualifying offense which is a felony, the court may commit the principal
    24  to the custody of the sheriff. The court shall  explain  its  choice  of
    25  [release, release with conditions, bail or remand] securing order on the
    26  record  or  in  writing.  A  principal  stands charged with a qualifying
    27  offense when he or she stands charged with:
    28    When the defendant is charged, by felony complaint, with a felony, the
    29  court may, in its discretion, and in accordance with section  510.10  of
    30  this  title,  order recognizance, release under non-monetary conditions,
    31  or, where authorized, fix bail,  or  order  non-monetary  conditions  in
    32  conjunction  with fixing bail, or commit the defendant to the custody of
    33  the sheriff except as otherwise provided  in  subdivision  one  of  this
    34  section or this subdivision:
    35    §  7.  The closing paragraph of subdivision 1 of section 530.30 of the
    36  criminal procedure law, as amended by section 17 of part JJJ of  chapter
    37  59 of the laws of 2019, is amended to read as follows:
    38    In  such  case, such superior court judge may vacate the order of such
    39  local criminal court and release the defendant on recognizance or  under
    40  non-monetary  conditions,  or  where  authorized,  fix  bail in a lesser
    41  amount or in a less burdensome form, [whichever are the  least  restric-
    42  tive  alternative  and]  or  order  non-monetary  conditions  [that will
    43  reasonably assure the defendant's return to court] in  conjunction  with
    44  fixing  bail,  including  fixing  bail  in  a lesser amount or in a less
    45  burdensome form, the determination for which shall be made in accordance
    46  with section 510.10 of this title.  The court shall  explain  the  basis
    47  for  its determination and choice of [alternative and conditions] secur-
    48  ing order on the record or in writing.
    49    § 8. Subdivision 3 and the  opening  paragraph  of  subdivision  4  of
    50  section  530.40  of the criminal procedure law, subdivision 3 as amended
    51  by section 3 of subpart B of part UU of chapter 56 of the laws  of  2022
    52  and  the  opening  paragraph of subdivision 4 as amended by section 4 of
    53  part UU of chapter 56 of the laws  of  2020,  are  amended  to  read  as
    54  follows:
    55    3.  In  cases  other  than  as  described  in subdivision four of this
    56  section the court shall release the principal pending trial on the prin-

        S. 4006--C                         169                        A. 3006--C
 
     1  cipal's own recognizance[, unless the court finds on the record] or  [in
     2  writing  that]  release  [on] the [principal's own recognizance will not
     3  reasonably assure the principal's return to court.  In  such  instances,
     4  the  court shall release the] principal pending trial under non-monetary
     5  conditions, [selecting the least restrictive alternative and  conditions
     6  that  will reasonably assure the principal's return to court] the deter-
     7  mination for which shall be made in accordance with  section  510.10  of
     8  this  title. The court shall explain the basis for its determination and
     9  choice of [alternative and conditions] securing order on the  record  or
    10  in  writing.  [In  making its determination, the court must consider and
    11  take into account available information about the principal, including:
    12    (a) the principal's activities and history;
    13    (b) if the principal is a defendant, the charges facing the principal;
    14    (c) the principal's criminal conviction record if any;
    15    (d) the principal's record of  previous  adjudication  as  a  juvenile
    16  delinquent,  as  retained  pursuant to section 354.1 of the family court
    17  act, or of pending cases where fingerprints  are  retained  pursuant  to
    18  section 306.1 of such act, or a youthful offender, if any;
    19    (e)  the  principal's  previous record with respect to flight to avoid
    20  criminal prosecution;
    21    (f) if monetary bail is authorized, according to the restrictions  set
    22  forth in this title, the principal's individual financial circumstances,
    23  and,  in cases where bail is authorized, the principal's ability to post
    24  bail without posing undue hardship, as well as his  or  her  ability  to
    25  obtain a secured, unsecured, or partially secured bond;
    26    (g) any violation by the principal of an order of protection issued by
    27  any court;
    28    (h) the principal's history and use or possession of a firearm;
    29    (i)  whether  the  charge is alleged to have caused serious harm to an
    30  individual or group of individuals; and
    31    (j) if the principal is a defendant, in the case of an application for
    32  a securing order pending appeal, the merit  or  lack  of  merit  of  the
    33  appeal.]
    34    Where  the  principal  stands  charged  with a qualifying offense, the
    35  court, unless otherwise prohibited by law, may in its discretion, and in
    36  accordance with section 510.10 of  this  title,  release  the  principal
    37  pending  trial on the principal's own recognizance or under non-monetary
    38  conditions, fix bail, or order non-monetary  conditions  in  conjunction
    39  with  fixing  bail, or, where the defendant is charged with a qualifying
    40  offense which is a felony, the court may commit  the  principal  to  the
    41  custody of the sheriff. The court shall explain the basis for its deter-
    42  mination  and  its  choice of [release, release with conditions, bail or
    43  remand] securing order on the record or in writing. A  principal  stands
    44  charged  with  a qualifying offense for the purposes of this subdivision
    45  when he or she stands charged with:
    46    § 9. Subdivisions 1 and 2-a of section 530.45 of the  criminal  proce-
    47  dure  law, subdivision 1 as amended by section 19 of part JJJ of chapter
    48  59 of the laws of 2019, and subdivision 2-a as added  by  section  9  of
    49  part  UU  of  chapter  56  of  the  laws of 2020, are amended to read as
    50  follows:
    51    1. When the defendant is at liberty in the course of a criminal action
    52  as a result of a prior securing order [of  recognizance,  release  under
    53  non-monetary  conditions  or  bail] and the court revokes such order and
    54  then, where authorized, fixes no bail [or],  fixes  bail  in  a  greater
    55  amount  or  in  a more burdensome form than was previously fixed, or, in
    56  conjunction with the imposition of non-monetary conditions,  fixes  bail

        S. 4006--C                         170                        A. 3006--C
 
     1  in  a  greater  amount  or in a more burdensome form than was previously
     2  fixed and remands or commits defendant to the custody of the sheriff, or
     3  issues a more restrictive securing order, a judge designated in subdivi-
     4  sion  two  of  this section, upon application of the defendant following
     5  conviction of an offense other than a class A felony or  a  class  B  or
     6  class  C  felony offense as defined in article one hundred thirty of the
     7  penal law committed or attempted to be committed by  a  person  eighteen
     8  years  of age or older against a person less than eighteen years of age,
     9  and before sentencing, may  issue  a  securing  order  and  release  the
    10  defendant  on  the  defendant's  own recognizance, release the defendant
    11  under non-monetary conditions, or,  where  authorized,  fix  bail  [or],
    12  which  may  be in conjunction with the imposition of non-monetary condi-
    13  tions, fix bail in a lesser amount or in a less burdensome  form,  which
    14  may be in conjunction with the imposition of non-monetary conditions, or
    15  issue  a  less  restrictive  securing  order, than fixed by the court in
    16  which the conviction was entered.
    17    2-a. Notwithstanding the provisions of  subdivision  four  of  section
    18  510.10,  paragraph (b) of subdivision one of section 530.20 and subdivi-
    19  sion four of section 530.40 of this title, when a defendant charged with
    20  an offense that is not such a qualifying offense is  convicted,  whether
    21  by  guilty  plea or verdict, in such criminal action or proceeding of an
    22  offense that is not a qualifying offense, the court may,  in  accordance
    23  with law, issue a securing order: releasing the defendant on the defend-
    24  ant's  own  recognizance  or under non-monetary conditions where author-
    25  ized, fix bail, or ordering non-monetary conditions in conjunction  with
    26  fixing bail, or remand the defendant to the custody of the sheriff where
    27  authorized.
    28    § 10. Subdivisions 2 and 3 of section 530.50 of the criminal procedure
    29  law,  subdivision  2  as added by section 10 of part UU of chapter 56 of
    30  the laws of 2020, and subdivision 3 as added by section 4 of  subpart  D
    31  of  part  UU  of  chapter 56 of the laws of 2022, are amended to read as
    32  follows:
    33    2. Notwithstanding the  provisions  of  subdivision  four  of  section
    34  510.10,  paragraph (b) of subdivision one of section 530.20 and subdivi-
    35  sion four of section 530.40 of this title, when a defendant charged with
    36  an offense that is not such a qualifying offense applies, pending deter-
    37  mination of an appeal, for an order of recognizance or release  on  non-
    38  monetary  conditions,  where  authorized,  [or] fixing bail, or ordering
    39  non-monetary conditions in conjunction with fixing bail, a judge identi-
    40  fied in subdivision two of section 460.50 or paragraph (a)  of  subdivi-
    41  sion  one of section 460.60 of this chapter may, in accordance with law,
    42  and except as otherwise provided by law, issue a securing order: releas-
    43  ing the defendant on the defendant's own recognizance or under non-mone-
    44  tary conditions where authorized, fixing bail, or ordering  non-monetary
    45  conditions  in  conjunction with fixing bail, or remanding the defendant
    46  to the custody of the sheriff where authorized.
    47    3. Where an appeal by the people has been taken from an order dismiss-
    48  ing one or more counts of an accusatory instrument for failure to comply
    49  with a discovery order pursuant to subdivision twelve of section  450.20
    50  of  this  chapter and the defendant is charged with a qualifying offense
    51  in the remaining counts in the accusatory instrument,  pending  determi-
    52  nation  of  an  appeal, the defendant may apply for an order of recogni-
    53  zance or release on  non-monetary  conditions,  where  authorized,  [or]
    54  fixing  bail,  or  ordering  non-monetary conditions in conjunction with
    55  fixing bail. A judge identified in subdivision two of section 460.50  of
    56  this  chapter  or  paragraph (a) of subdivision one of section 460.60 of

        S. 4006--C                         171                        A. 3006--C
 
     1  this chapter may, in  accordance  with  law,  and  except  as  otherwise
     2  provided  by  law, issue a securing order releasing the defendant on the
     3  defendant's own recognizance  or  under  non-monetary  conditions  where
     4  authorized, fixing bail, or ordering non-monetary conditions in conjunc-
     5  tion  with fixing bail, or remanding the defendant to the custody of the
     6  sheriff where authorized.
     7    § 11. The opening paragraph of paragraph (b), and  the  closing  para-
     8  graph  of  subparagraph  (i)  and  subparagraph (ii) of paragraph (d) of
     9  subdivision 2 of section  530.60  of  the  criminal  procedure  law,  as
    10  amended by section 20 of part JJJ of chapter 59 of the laws of 2019, are
    11  amended  and  a new subparagraph (iii) of paragraph (d) is added to read
    12  as follows:
    13    Except as provided in paragraph (a) of this subdivision or  any  other
    14  law, whenever in the course of a criminal action or proceeding a defend-
    15  ant  charged with the commission of an offense is at liberty as a result
    16  of [an order of recognizance, release under non-monetary  conditions  or
    17  bail]  a  securing  order  issued  pursuant  to this article it shall be
    18  grounds for revoking such order and [fixing bail] imposing a new  secur-
    19  ing  order  in  accordance  with  paragraph (d) of this subdivision, the
    20  basis for which shall be made on the record or in writing, in such crim-
    21  inal action or proceeding  when  the  court  has  found,  by  clear  and
    22  convincing evidence, that the defendant:
    23    Upon  expiration  of  any  of  the three periods specified within this
    24  subparagraph, whichever is shortest, the court may grant or deny release
    25  upon an order of bail or recognizance in accordance with the  provisions
    26  of this article. Upon conviction to an offense the provisions of article
    27  five hundred thirty of this chapter shall apply; [and]
    28    (ii)  Under  subparagraph  (i)  of  paragraph (b) of this subdivision,
    29  revocation of [the order of  recognizance,  release  under  non-monetary
    30  conditions  or,  as  the case may be, bail] a previously issued securing
    31  order shall result in the issuance of a new securing order which may, if
    32  otherwise authorized by law, permit the principal's release on  recogni-
    33  zance  or  release  under non-monetary conditions, but shall also render
    34  the defendant eligible for an order fixing bail, or  ordering  non-mone-
    35  tary conditions in conjunction with fixing bail, provided, however, that
    36  in  accordance  with the principles in this title the court must [select
    37  the least restrictive alternative and condition or conditions that  will
    38  reasonably assure the principal's return to court] impose a new securing
    39  order  in  accordance  with  subdivision  one  of section 510.10 of this
    40  title, and in  imposing  such  order,  may  consider  the  circumstances
    41  warranting such revocation. Nothing in this subparagraph shall be inter-
    42  preted  as shortening the period of detention, or requiring or authoriz-
    43  ing any less restrictive form of a securing order, which may be  imposed
    44  pursuant to any other law[.]; and
    45    (iii)  Under  subparagraphs  (ii), (iii), and (iv) of paragraph (b) of
    46  this subdivision, revocation of a previously issued securing order shall
    47  result in the issuance of a new securing order which may,  if  otherwise
    48  authorized  by  law,  permit  the principal's release on recognizance or
    49  release under non-monetary conditions, but shall also render the defend-
    50  ant eligible for an order fixing bail or  ordering  non-monetary  condi-
    51  tions  in  conjunction  with  fixing  bail.  In issuing the new securing
    52  order, the court shall consider  the  kind  and  degree  of  control  or
    53  restriction  necessary  to  reasonably  assure the principal's return to
    54  court and compliance with court conditions, and select a securing  order
    55  consistent  with  its  determination,  taking  into  account the factors
    56  required to be considered under subdivision one  of  section  510.10  of

        S. 4006--C                         172                        A. 3006--C
 
     1  this title, the circumstances warranting such revocation, and the nature
     2  and  extent  of  the  principal's  noncompliance with previously ordered
     3  non-monetary conditions of the  securing  order  subject  to  revocation
     4  under this subdivision. Nothing in this subparagraph shall be interpret-
     5  ed  as  shortening  the period of detention, or requiring or authorizing
     6  any less restrictive form of a securing  order,  which  may  be  imposed
     7  pursuant to any other law.
     8    §  12.  This act shall take effect on the thirtieth day after it shall
     9  have become a law.
 
    10                                  SUBPART B
 
    11    Section 1. Paragraph (a) of subdivision 1 of  section  150.20  of  the
    12  criminal procedure law, as amended by section 1-a of part JJJ of chapter
    13  59 of the laws of 2019, is amended to read as follows:
    14    (a) Whenever a police officer is authorized pursuant to section 140.10
    15  of  this title to arrest a person without a warrant for an offense other
    16  than a class A, B, C or D felony  or  a  violation  of  section  130.25,
    17  130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, [he] or other
    18  than where an arrest is required to be made pursuant to subdivision four
    19  of section 140.10 of this title, the officer shall, except as set out in
    20  paragraph (b) of this subdivision, subject to the provisions of subdivi-
    21  sions  three  and four of section 150.40 of this title, instead issue to
    22  and serve upon such person an appearance ticket.
    23    § 2. Subdivision 2 of section 150.20 of the criminal procedure law, as
    24  amended by chapter 550 of the laws  of  1987,  is  amended  to  read  as
    25  follows:
    26    2.  (a)  Whenever,  pursuant to section 140.10 of this title, a police
    27  officer has arrested a person without a warrant  for  an  offense  other
    28  than  a  class  A,  B,  C  or D felony or a violation of section 130.25,
    29  130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law or other  than
    30  where  an arrest was required to be made pursuant to subdivision four of
    31  section 140.10 of this title, or (b) whenever a peace  officer,  who  is
    32  not  authorized  by  law  to  issue an appearance ticket, has arrested a
    33  person for an offense other than a class A,  B,  C  or  D  felony  or  a
    34  violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
    35  the  penal  law pursuant to section 140.25 of this title, and such peace
    36  officer has requested a police officer to  issue  and  serve  upon  such
    37  arrested  person  an  appearance  ticket pursuant to subdivision four of
    38  section 140.27 of this title, or (c) whenever a person has been arrested
    39  for an offense other than a class A, B, C or D felony or a violation  of
    40  section  130.25,  130.40,  205.10, 205.17, 205.19 or 215.56 of the penal
    41  law and such person has been delivered to the custody of an  appropriate
    42  police  officer  pursuant  to  section 140.40 of this title, such police
    43  officer may, instead of bringing such person  before  a  local  criminal
    44  court  and  promptly  filing  or  causing the arresting peace officer or
    45  arresting person to file a local criminal  court  accusatory  instrument
    46  therewith,  issue  to  and  serve upon such person an appearance ticket.
    47  [The issuance and service of an appearance  ticket  under  such  circum-
    48  stances  may  be  conditioned upon a deposit of pre-arraignment bail, as
    49  provided in section 150.30.]
    50    § 3. Subdivisions 2 and 3 of section 140.20 of the criminal  procedure
    51  law,  as amended by chapter 550 of the laws of 1987, are amended to read
    52  as follows:
    53    2. If the arrest is for an offense other than a class A,  B,  C  or  D
    54  felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19

        S. 4006--C                         173                        A. 3006--C
 
     1  or 215.56 of the penal law, or other than where an arrest is required to
     2  be made  pursuant to subdivision four of section 140.10 of this article,
     3  the arrested person need not be brought before a local criminal court as
     4  provided  in  subdivision  one,  and  the  procedure  may  instead be as
     5  follows:
     6    (a) A police officer may issue and serve an appearance ticket upon the
     7  arrested person and release him from custody, as prescribed in  subdivi-
     8  sion two of section 150.20 of this title; or
     9    (b)  The  desk  officer  in charge at a police station, county jail or
    10  police headquarters, or any of his superior officers, may, in such place
    11  fix pre-arraignment bail and, upon deposit thereof, issue and  serve  an
    12  appearance  ticket  upon the arrested person and release him from custo-
    13  dy[, as prescribed in section 150.30].
    14    3. [If] Other than where an arrest is required to be made pursuant  to
    15  subdivision four of section 140.10 of this article, if (a) the arrest is
    16  for  an offense other than a class A, B, C or D felony or a violation of
    17  section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56  of  the  penal
    18  law,  and  (b)  owing  to  unavailability  of a local criminal court the
    19  arresting police officer is unable to bring the arrested  person  before
    20  such  a  court  with  reasonable promptness, either an appearance ticket
    21  must be served unconditionally upon the arrested person or  pre-arraign-
    22  ment  bail  must be fixed, as prescribed in subdivision two. If pre-arr-
    23  aignment bail is fixed but not  posted,  such  arrested  person  may  be
    24  temporarily  held in custody but must be brought before a local criminal
    25  court without unnecessary delay. Nothing contained in  this  subdivision
    26  requires a police officer to serve an appearance ticket upon an arrested
    27  person or release him from custody at a time when such person appears to
    28  be under the influence of alcohol, narcotics or other drug to the degree
    29  that he may endanger himself or other persons.
    30    § 4. This act shall take effect immediately.
 
    31                                  SUBPART C
 
    32    Section  1.  Subdivision  5  of  section  216 of the judiciary law, as
    33  amended by section 1 of subpart G of part UU of chapter 56 of  the  laws
    34  of 2022, is amended to read as follows:
    35    5.  The  chief  administrator  of  the courts, in conjunction with the
    36  division of criminal justice services, shall  collect  data  and  report
    37  every six months regarding pretrial release and detention. Such data and
    38  report  shall contain information categorized by age, gender, racial and
    39  ethnic background;  regarding  the  nature  of  the  criminal  offenses,
    40  including the top charge of each case; the number and type of charges in
    41  each  defendant's criminal record; whether the prosecutor requested that
    42  the court fix bail, the amounts and  forms  of  bail  requested  by  the
    43  prosecutor,  and  the  amounts  and  forms of bail set by the court; the
    44  number of individuals released on recognizance; the number  of  individ-
    45  uals  released  on  non-monetary  conditions,  including  the conditions
    46  imposed; the number of individuals committed to the custody of a sheriff
    47  prior to trial; the rates of failure to appear and rearrest; the outcome
    48  of such cases or dispositions; the length of the pretrial detention stay
    49  and any other such information as the chief administrator and the  divi-
    50  sion  of  criminal  justice services may find necessary and appropriate.
    51  Further, the chief administrator of the courts shall  collect  data  and
    52  report  every month regarding pretrial commitments to local correctional
    53  facilities. Such data shall include but not be limited to  age,  gender,
    54  racial  and  ethnic  background of the principal; both beginning and end

        S. 4006--C                         174                        A. 3006--C
 
     1  dates of pretrial commitment to the custody of the sheriff;  total  days
     2  of  pretrial  commitment  to  the  custody  of  the sheriff; the type of
     3  commitment ordered by the court; the top charge at arrest  and  arraign-
     4  ment; and whether the principal had been previously released from custo-
     5  dy  in the case. Such report shall aggregate the data collected by coun-
     6  ty; court, including city, town and village courts; and judge. The  data
     7  shall  be  aggregated  in  order  to  protect the identity of individual
     8  defendants. The report shall be released publicly and published  on  the
     9  websites of the office of court administration and the division of crim-
    10  inal justice services. The first report shall be published twelve months
    11  after  this  subdivision shall have become a law, and shall include data
    12  from the first six months  following  the  enactment  of  this  section.
    13  Reports for subsequent periods shall be published every six months ther-
    14  eafter;  provided,  however,  that the pretrial detention admissions and
    15  discharges report will be published every month.
    16    § 2. This act shall take effect on the first of January next  succeed-
    17  ing the date on which it shall have become a law. Effective immediately,
    18  the  addition,  amendment and/or repeal of any rule or regulation neces-
    19  sary for the implementation of  this  act  on  its  effective  date  are
    20  authorized to be made and completed on or before such date.
    21    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    22  sion,  section  or  part  of  this act shall be adjudged by any court of
    23  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    24  impair,  or  invalidate  the remainder thereof, but shall be confined in
    25  its operation to the clause, sentence, paragraph,  subdivision,  section
    26  or part thereof directly involved in the controversy in which such judg-
    27  ment shall have been rendered. It is hereby declared to be the intent of
    28  the  legislature  that  this  act  would  have been enacted even if such
    29  invalid provisions had not been included herein.
    30    § 3. This act shall take effect immediately  provided,  however,  that
    31  the  applicable effective date of Subparts A through C of this act shall
    32  be as specifically set forth in the last section of such Subparts.
    33    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    34  sion, section or part of this act shall be  adjudged  by  any  court  of
    35  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    36  impair, or invalidate the remainder thereof, but shall  be  confined  in
    37  its  operation  to the clause, sentence, paragraph, subdivision, section
    38  or part thereof directly involved in the controversy in which such judg-
    39  ment shall have been rendered. It is hereby declared to be the intent of
    40  the legislature that this act would  have  been  enacted  even  if  such
    41  invalid provisions had not been included herein.
    42    §  3.  This  act shall take effect immediately provided, however, that
    43  the applicable effective date of Parts A through VV of this act shall be
    44  as specifically set forth in the last section of such Parts.
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