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S04008 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4008--C                                            A. 3008--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  intentionally omitted (Part A); intentionally omitted (Part B);
          to amend part PP of chapter 54 of  the  laws  of  2016,  amending  the
          public  authorities law relating to the New York transit authority and
          the metropolitan transportation authority, in  relation  to  extending
          provisions   of  law  relating  to  certain  tax  increment  financing
          provisions; to amend  the  public  authorities  law,  in  relation  to
          contracts  entered  into  by  the metropolitan commuter transportation
          district;  to  amend  the  public  authorities  law,  in  relation  to
          contracts  for procurement for the New York city transit authority and
          to amend part OO of chapter 54 of  the  laws  of  2016,  amending  the
          public  authorities  law relating to procurements by the New York City
          transit  authority  and the  metropolitan  transportation   authority,
          in relation to extending certain metropolitan transportation authority
          procurement  provisions  (Part  C); to amend part UUU of chapter 58 of
          the laws of 2020 amending the state finance law relating to  providing
          funding  for the Metropolitan Transportation Authority 2020-2024 capi-
          tal program and paratransit operating expenses, in relation to funding
          for net paratransit operating expenses and in relation to  the  effec-
          tiveness  thereof  (Part  D);  intentionally  omitted (Part E); inten-
          tionally omitted (Part F); to amend chapter 929 of the  laws  of  1986
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-05-3

        S. 4008--C                          2                         A. 3008--C
 
          amending  the  tax  law  and  other  laws relating to the metropolitan
          transportation authority, in relation to extending certain  provisions
          thereof  applicable  to  the  resolution  of  labor disputes (Part G);
          intentionally  omitted  (Part  H);  intentionally omitted (Part I); to
          amend part FF of chapter 55 of the laws  of  2017  relating  to  motor
          vehicles  equipped  with autonomous vehicle technology, in relation to
          the effectiveness thereof (Part J); intentionally  omitted  (Part  K);
          intentionally  omitted (Part L); to amend the vehicle and traffic law,
          in relation to county clerk retention of fees (Part M);  intentionally
          omitted  (Part N); intentionally omitted (Part O); intentionally omit-
          ted (Part P); to amend the tax law, in relation  to  the  metropolitan
          commuter  transportation  mobility  tax  rate;  and  providing for the
          repeal of certain provisions upon the expiration thereof (Part Q);  to
          amend  the  racing,  pari-mutuel  wagering and breeding law, the state
          finance law and the public authorities law, in relation to the  dispo-
          sition  of  money from certain gaming activity (Part R); intentionally
          omitted (Part S); intentionally omitted (Part T); to amend chapter 495
          of the laws of 2004, amending the insurance law and the public  health
          law  relating  to  the  New  York  state health insurance continuation
          assistance demonstration project, in  relation  to  the  effectiveness
          thereof  (Part U); intentionally omitted (Part V); intentionally omit-
          ted (Part W); to amend the public officers law, in relation to provid-
          ing virtual meeting flexibility for public bodies serving  individuals
          with  disabilities  (Part  X);  intentionally omitted (Part Y); inten-
          tionally omitted (Part Z); intentionally omitted (Part AA);  to  amend
          the  public  authorities  law,  in relation to requiring the dormitory
          authority to submit an annual report on  the  pilot  program  for  the
          procurement of goods or services from, or for the construction, recon-
          struction,  rehabilitation or improvement of facilities by small busi-
          nesses and minority-owned and women-owned business enterprises; and to
          amend chapter 97 of the laws of 2019 amending the  public  authorities
          law  relating to the award of contracts to small businesses, minority-
          owned business enterprises and women-owned  business  enterprises,  in
          relation  to  extending  the  effectiveness  thereof (Part BB); inten-
          tionally omitted (Part CC); to amend the New York state urban develop-
          ment corporation act, in relation to  establishing  a  matching  grant
          program  for  certain  small  businesses  receiving  funding under the
          federal small business innovation research program or the small  busi-
          ness  technology  transfer  program  (Part  DD);  to  amend the public
          authorities law, in relation to the Battery Park city authority  (Part
          EE);  to  amend  the  state  finance law, in relation to the excelsior
          linked deposit program (Part FF); to amend chapter 393 of the laws  of
          1994,  amending  the  New York state urban development corporation act
          relating to the powers of the New York state urban development  corpo-
          ration  to make loans, in relation to extending loan powers (Part GG);
          intentionally omitted (Part HH); intentionally omitted (Part  II);  to
          amend  the  New  York  state  urban  development  corporation  act, in
          relation to extending the authority of the New York state urban devel-
          opment corporation to administer the empire state economic development
          fund (Part JJ); intentionally omitted (Part KK); to amend part  BB  of
          chapter  58  of the laws of 2012, amending the public authorities law,
          relating to authorizing the dormitory authority to enter into  certain
          design  and  construction  management  agreements,  in relation to the
          effectiveness thereof (Part LL); to amend the vehicle and traffic  law
          and  the  parks, recreation and historic preservation law, in relation
          to fees for the registration of snowmobiles and fees collected for the

        S. 4008--C                          3                         A. 3008--C
 
          snowmobile trail and maintenance fund (Part MM); intentionally omitted
          (Part NN); to amend the general municipal law, in relation to purchase
          contracts for New York State grown, harvested, or  produced  food  and
          food  products  (Part  OO);  intentionally  omitted  (Part PP); inten-
          tionally omitted (Part QQ); to amend  the  environmental  conservation
          law  and  chapter  55  of  the laws of 2021 amending the environmental
          conservation  law  relating  to  establishing  a  deer  hunting  pilot
          program, in relation to extending provisions of the youth deer hunting
          program  (Part  RR);  to  amend the environmental conservation law, in
          relation to pesticide registration timetables and fees  and  to  amend
          chapter  67  of the laws of 1992, amending the environmental conserva-
          tion law relating to pesticide  product  registration  timetables  and
          fees, in relation to the effectiveness thereof (Part SS); to amend the
          county  law, in relation to enacting the "Suffolk county water quality
          restoration act", authorizing the county of  Suffolk  to  establish  a
          water  quality restoration fund, and authorizing the county of Suffolk
          to form a county-wide sewer and  wastewater  management  district  and
          extend  the  existing one-quarter of one percent sales tax utilized to
          finance the county drinking water protection program  until  2060;  to
          amend  the  local  finance  law, in relation to the period of probable
          usefulness of septic systems funded by  programs  established  by  the
          county  of  Suffolk;  and  to  amend  the  tax law, in relation to the
          Suffolk county water quality restoration fund (Part TT); to amend  the
          local  finance  law,  in  relation  to  providing a period of probable
          usefulness for lead service line replacement  programs  as  a  capital
          asset (Part UU); to authorize utility and cable television assessments
          that  provide  funds to the department of health from cable television
          assessment revenues and to the department of agriculture and  markets,
          department of environmental conservation, department of state, and the
          office  of  parks,  recreation  and historic preservation from utility
          assessment revenues; and providing for the repeal of  such  provisions
          upon  expiration  thereof  (Part VV); intentionally omitted (Part WW);
          intentionally omitted (Part XX); intentionally omitted (Part  YY);  in
          relation  to authorizing the New York state energy research and devel-
          opment authority to finance a portion of its research, development and
          demonstration, policy and planning, and Fuel NY program,  as  well  as
          climate  change  related  expenses  of the department of environmental
          conservation from an assessment on gas and electric corporations (Part
          ZZ); intentionally omitted (Part AAA); to amend the vehicle and  traf-
          fic  law,  in  relation to certain vehicle dealer registration certif-
          icates (Part BBB); to amend the public authorities law, in relation to
          requirements of the transportation  authority  regarding  its  capital
          program  dashboard  website,  and  to requirements of the metropolitan
          transportation  authority  regarding  publishing   certain   financial
          reports  on  its  website  (Part  CCC); to amend the labor law and the
          economic development law, in relation to  establishing  the  New  York
          youth  jobs connector program; and requiring reporting from the office
          of strategic workforce development (Part DDD); to amend the waterfront
          commission act, in relation to the waterfront commission of  New  York
          harbor;  and  providing for the repeal of such provisions upon expira-
          tion thereof (Part EEE); to amend the executive law,  in  relation  to
          the  recommission  of a statewide disparity study (Part FFF); to amend
          the economic development law and the New York state urban  development
          corporation  act,  in  relation  to  establishing a small business and
          entrepreneurs grant program; and providing  for  the  repeal  of  such
          provisions  upon  expiration thereof (Part GGG); expanding eligibility

        S. 4008--C                          4                         A. 3008--C
 
          to the brownfield redevelopment tax credit to certain taxpayers  (Part
          HHH); and to amend the general municipal law and the executive law, in
          relation  to directing the state inspector general to appoint an inde-
          pendent monitor for the the Orange county industrial development agen-
          cy;  and  providing for the repeal of such provisions upon the expira-
          tion thereof (Part III)

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  necessary to implement the state  transportation,  economic  development
     3  and  environmental  conservation  budget  for the 2023-2024 state fiscal
     4  year.  Each component is wholly contained within a  Part  identified  as
     5  Parts  A  through  III. The effective date for each particular provision
     6  contained within such Part is set forth in  the  last  section  of  such
     7  Part.  Any  provision  in any section contained within a Part, including
     8  the effective date of the Part, which makes a reference to a section "of
     9  this act", when used in connection with that particular component, shall
    10  be deemed to mean and refer to the corresponding section of the Part  in
    11  which  it  is  found.  Section  three of this act sets forth the general
    12  effective date of this act.
 
    13                                   PART A
 
    14                            Intentionally Omitted
 
    15                                   PART B
 
    16                            Intentionally Omitted
 
    17                                   PART C
 
    18    Section 1. Section 3 of part PP of chapter 54 of  the  laws  of  2016,
    19  amending  the  public  authorities  law relating to the New York transit
    20  authority and the metropolitan transportation authority, as  amended  by
    21  section  1  of  part  J of chapter 58 of the laws of 2022, is amended to
    22  read as follows:
    23    § 3. This act shall take effect immediately; provided that the  amend-
    24  ments  to  subdivision  1  of section 119-r of the general municipal law
    25  made by section two of this act shall  expire  and  be  deemed  repealed
    26  April  1,  [2023]  2024, and provided further that such repeal shall not
    27  affect the validity or duration of any contract entered into before that
    28  date pursuant to paragraph f of such subdivision.
    29    § 2.  Subdivision 6 of section 1209 of the public authorities law,  as
    30  amended  by section 1 of subpart C of part ZZZ of chapter 59 of the laws
    31  of 2019, is amended to read as follows:
    32    6. The provisions of subdivisions one, two, three  and  four  of  this
    33  section  shall  not  be  applicable  to any procurement by the authority
    34  commenced during the period from the effective date of this  subdivision
    35  until  December  thirty-first, nineteen hundred ninety-one or during the
    36  period from December sixteenth, nineteen hundred ninety-three until June
    37  thirtieth, two thousand [twenty-three] twenty-eight; and the  provisions

        S. 4008--C                          5                         A. 3008--C
 
     1  of  subdivisions seven, eight, nine, ten, eleven, twelve and thirteen of
     2  this section shall only apply to procurements by the authority commenced
     3  during such periods. The provisions of such subdivisions one, two, three
     4  and  four  shall apply to procurements by the authority commenced during
     5  the period from December thirty-first, nineteen hundred ninety-one until
     6  December sixteenth, nineteen hundred ninety-three, and  to  procurements
     7  by  the authority commenced on and after July first, two thousand [twen-
     8  ty-three] twenty-eight. Notwithstanding the foregoing, the provisions of
     9  such subdivisions one, two, three and four shall apply to (i) the  award
    10  of  any contract of the authority if the bid documents for such contract
    11  so provide and such bid documents are issued within sixty  days  of  the
    12  effective  date  of  this  subdivision  or within sixty days of December
    13  sixteenth, nineteen hundred ninety-three, or (ii) for a  period  of  one
    14  hundred eighty days after the effective date of this subdivision, or for
    15  a  period  of one hundred eighty days after December sixteenth, nineteen
    16  hundred ninety-three, the award of any contract for which an  invitation
    17  to  bid, solicitation, request for proposal, or any similar document has
    18  been issued by the authority prior to the effective date of this  subdi-
    19  vision  or  during the period from January first, nineteen hundred nine-
    20  ty-two until December fifteenth, nineteen hundred ninety-three.
    21    § 3.  Subdivision 1 of section 1265-a of the public  authorities  law,
    22  as  amended by section 1-a of subpart C of part ZZZ of chapter 59 of the
    23  laws of 2019, is amended to read as follows:
    24    1. The provisions of this section shall only apply to procurements  by
    25  the  authority  commenced  during  the period from April first, nineteen
    26  hundred eighty-seven until December thirty-first, nineteen hundred nine-
    27  ty-one, and during the period from December sixteenth, nineteen  hundred
    28  ninety-three  until  June thirtieth, two thousand [twenty-three] twenty-
    29  eight; provided, however, that the provisions of this section shall  not
    30  apply to (i) the award of any contract of the authority if the bid docu-
    31  ments  for  such  contract  so provide and such bid documents are issued
    32  within sixty days of the effective date of this section or within  sixty
    33  days of December sixteenth, nineteen hundred ninety-three, or (ii) for a
    34  period  of  one  hundred  eighty  days  after the effective date of this
    35  section or for a period  of  one  hundred  eighty  days  after  December
    36  sixteenth,  nineteen hundred ninety-three, the award of any contract for
    37  which an invitation to bid, solicitation, request for proposal,  or  any
    38  similar document has been issued by the authority prior to the effective
    39  date  of  this section or during the period from January first, nineteen
    40  hundred ninety-two until December sixteenth,  nineteen  hundred  ninety-
    41  three.
    42    § 4. Section 15 of part OO of chapter 54 of the laws of 2016, amending
    43  the public authorities law relating to procurements by the New York City
    44  transit   authority   and  the  metropolitan  transportation  authority,
    45  as amended by section 1 of part YY of chapter 55 of the laws of 2021, is
    46  amended to read as follows:
    47    § 15. This act shall take effect immediately, and shall expire and  be
    48  deemed repealed [April 1, 2024] June 30, 2028.
    49    § 5. This act shall take effect immediately.
 
    50                                   PART D
 
    51    Section  1.   Section 5 of part UUU of chapter 58 of the laws of 2020,
    52  amending the state finance law relating to  providing  funding  for  the
    53  Metropolitan  Transportation  Authority  2020-2024  capital  program and
    54  paratransit operating expenses, is amended to read as follows:

        S. 4008--C                          6                         A. 3008--C
 
     1    § 5. (a) Starting July 1, 2020, the city will  fund  a  fifty  percent
     2  share  of  the  net  paratransit operating expenses of the MTA, provided
     3  that such contribution shall not  exceed  $215  million  in  2020,  $277
     4  million  in  2021,  $290  million in 2022, and $310 million in 2023. Net
     5  paratransit  operating  expenses  shall be calculated monthly by the MTA
     6  and will consist of the total  paratransit  operating  expenses  of  the
     7  program  minus the six percent of the urban tax dedicated to paratransit
     8  services as of the date of this act and minus  any  money  collected  as
     9  passenger fares from paratransit operations.
    10    (b) Notwithstanding subdivision (a) of this section, during the period
    11  from  July  first, two thousand twenty-three through June thirtieth, two
    12  thousand twenty-five, the city of New York shall fund eighty percent  of
    13  the  net  paratransit operating expenses of the metropolitan transporta-
    14  tion authority, provided that such contribution shall not exceed (1) for
    15  the twelve month period ending June thirtieth, two thousand twenty-four,
    16  the sum of: (i) fifty percent of the net paratransit operating  expenses
    17  for  such  twelve  month period; and (ii) one hundred sixty-five million
    18  dollars; and (2) for the twelve month period ending June thirtieth,  two
    19  thousand twenty-five, the sum of: (i) fifty percent of the net paratran-
    20  sit  operating  expenses  for  such  twelve  month  period; and (ii) one
    21  hundred sixty-five million dollars.  Net paratransit operating  expenses
    22  shall  be calculated   monthly  by the MTA and will consist of the total
    23  paratransit operating expenses of the program minus the six  percent  of
    24  the urban tax dedicated to paratransit services as of the effective date
    25  of  this  subdivision  and  minus any money collected as passenger fares
    26  from paratransit operations.
    27    § 2. Subdivision (a) of section 7 of part UUU of  chapter  58  of  the
    28  laws of 2020, amending the state finance law relating to providing fund-
    29  ing  for  the  Metropolitan  Transportation  Authority 2020-2024 capital
    30  program and paratransit  operating  expenses,  is  amended  to  read  as
    31  follows:
    32    (a) Notwithstanding any provision of law to the contrary, in the event
    33  the  city  fails  to  certify  to the state comptroller and the New York
    34  state director of the budget that the city has paid in full any  payment
    35  required  by section six of this act, the New York state director of the
    36  budget shall direct the  state  comptroller  to  transfer,  collect,  or
    37  deposit  funds  in accordance with subdivision (b) of this section in an
    38  amount equal to the unpaid balance of any payment  required  by  section
    39  six  of  this  act,  and  any such deposits shall be counted against the
    40  city's [fifty percent share of the] funding obligation for net paratran-
    41  sit operating expenses of the MTA pursuant to section five of this  act.
    42  Such  direction  shall be pursuant to a written plan or plans filed with
    43  the state comptroller, the chairperson of the senate  finance  committee
    44  and the chairperson of the assembly ways and means committee.
    45    § 3. Section 9 of part UUU of chapter 58 of the laws of 2020, amending
    46  the state finance law relating to providing funding for the Metropolitan
    47  Transportation Authority 2020-2024 capital program and paratransit oper-
    48  ating expenses, is amended to read as follows:
    49    §  9.  This  act shall take effect immediately; provided that sections
    50  five through seven of this act shall expire and be deemed repealed  June
    51  30,  [2024] 2030; and provided further that such repeal shall not affect
    52  or otherwise reduce amounts  owed  to  the  metropolitan  transportation
    53  authority  paratransit  assistance  fund to meet the city's share of the
    54  net paratransit operating expenses of  the  MTA  for  services  provided
    55  prior to June 30, [2024] 2030.

        S. 4008--C                          7                         A. 3008--C
 
     1    §  4.  This act shall take effect immediately; provided, however, that
     2  the amendments to sections 5 and 7 of part UUU of chapter 58 of the laws
     3  of 2020, made by sections one and two of this act, shall not affect  the
     4  expiration  and  repeal of such part and shall be deemed repealed there-
     5  with.
 
     6                                   PART E
 
     7                            Intentionally Omitted
 
     8                                   PART F
 
     9                            Intentionally Omitted

    10                                   PART G
 
    11    Section  1. Section 45 of chapter 929 of the laws of 1986 amending the
    12  tax law and other  laws  relating  to  the  metropolitan  transportation
    13  authority,  as amended by chapter 120 of the laws of 2021, is amended to
    14  read as follows:
    15    § 45. This act shall take effect immediately; except that:  (a)  para-
    16  graph  (d)  of  subdivision  3 of section 1263 of the public authorities
    17  law, as added by section twenty-six of this act, shall be deemed to have
    18  been in full force and effect on and after August 5, 1986; (b)  sections
    19  thirty-three  and thirty-four of this act shall not apply to a certified
    20  or recognized public employee organization which represents  any  public
    21  employees  described  in  subdivision  16  of section 1204 of the public
    22  authorities law and such sections shall expire on July  1,  [2023]  2025
    23  and nothing contained within these sections shall be construed to divest
    24  the  public  employment relations board or any court of competent juris-
    25  diction of the full power or authority to enforce any order made by  the
    26  board  or  such  court  prior to the effective date of this act; (c) the
    27  provisions of section thirty-five of this act shall expire on March  31,
    28  1987;  and  (d)  provided,  however,  the  commissioner  of taxation and
    29  finance shall have the power to enforce the provisions of  sections  two
    30  through nine of this act beyond December 31, 1990 to enable such commis-
    31  sioner to collect any liabilities incurred prior to January 1, 1991.
    32    § 2. This act shall take effect immediately.
 
    33                                   PART H
 
    34                            Intentionally Omitted
 
    35                                   PART I
 
    36                            Intentionally Omitted
 
    37                                   PART J
 
    38    Section  1.  Section  3  of part FF of chapter 55 of the laws of 2017,
    39  relating to motor vehicles equipped with autonomous vehicle  technology,

        S. 4008--C                          8                         A. 3008--C
 
     1  as amended by section 1 of part GG of chapter 58 of the laws of 2021, is
     2  amended to read as follows:
     3    § 3. This act shall take effect April 1, 2017; provided, however, that
     4  section  one  of  this  act shall expire and be deemed repealed April 1,
     5  [2023] 2024.
     6    § 2. This act shall take effect immediately and  shall  be  deemed  to
     7  have been in full force and effect on and after April 1, 2023.
 
     8                                   PART K
 
     9                            Intentionally Omitted
 
    10                                   PART L

    11                            Intentionally Omitted
 
    12                                   PART M
 
    13    Section  1.  Subdivisions  3 and 3-a of section 205 of the vehicle and
    14  traffic law, subdivision 3 as amended by section 3 of part G of  chapter
    15  59  of  the  laws  of 2008, and subdivision 3-a as added by section 1 of
    16  part F of chapter 58 of the  laws  of  2012,  are  amended  to  read  as
    17  follows:
    18    3.  Each  such  county  clerk shall retain from fees collected for any
    19  motor vehicle related service  described  in  subdivision  one  of  this
    20  section  processed  by such county clerk an amount based on a percentage
    21  of gross receipts collected. For purposes  of  this  section,  the  term
    22  "gross  receipts"  shall include all fines, fees and penalties collected
    23  pursuant to this chapter by a  county  clerk  acting  as  agent  of  the
    24  commissioner,  but shall not include any state or local sales or compen-
    25  sating use taxes imposed under or pursuant to the authority of  articles
    26  twenty-eight  and twenty-nine of the tax law and collected by such clerk
    27  on behalf of the commissioner of taxation  and  finance.  The  retention
    28  percentage  shall  be  [12.7] 10.75 percent [and shall take effect April
    29  first, nineteen hundred ninety-nine; provided,  however,  the  retention
    30  percentage  shall be thirty percent of the thirty dollar fee established
    31  in paragraph (e) of subdivision two of section four  hundred  ninety-one
    32  and  paragraph f-one of subdivision two of section five hundred three of
    33  this chapter].
    34    3-a. In addition to the fees retained pursuant to subdivision three of
    35  this section, each county clerk acting as the agent of the  commissioner
    36  pursuant  to subdivision one of this section shall retain [four percent]
    37  a percentage of  "enhanced  internet  and  electronic  partner  revenue"
    38  collected  by  the  commissioner.  For the purposes of this subdivision,
    39  "enhanced internet and electronic partner revenue" shall mean the amount
    40  of gross receipts attributable to  all  transactions  conducted  on  the
    41  internet  by  residents of such county and by designated partners of the
    42  department on behalf of such residents for  the  current  calendar  year
    43  [that  exceeds  the amount of such revenue collected by the commissioner
    44  during calendar year two thousand eleven]. The commissioner shall certi-
    45  fy the amounts to be retained by each  county  clerk  pursuant  to  this
    46  subdivision.  [Provided,  however,  that if the aggregate amount of fees
    47  retained by county clerks pursuant to this subdivision in calendar years
    48  two thousand twelve and two thousand thirteen combined  exceeds  eighty-

        S. 4008--C                          9                         A. 3008--C

     1  eight million five hundred thousand dollars, then the percentage of fees
     2  to  be  retained  thereafter  shall  be reduced to a percentage that, if
     3  applied to the fees collected during calendar years two thousand  twelve
     4  and  two thousand thirteen combined, would have resulted in an aggregate
     5  retention of eighty-eight million five hundred thousand dollars  or  2.5
     6  percent  of  enhanced internet and electronic partner revenue, whichever
     7  is higher. If the aggregate amount of fees  retained  by  county  clerks
     8  pursuant  to  this subdivision in calendar years two thousand twelve and
     9  two thousand thirteen combined is less than  eighty-eight  million  five
    10  hundred  thousand  dollars,  then  the percentage of fees to be retained
    11  thereafter shall be increased to a percentage that, if  applied  to  the
    12  fees  collected  during calendar years two thousand twelve and two thou-
    13  sand thirteen combined, would have resulted in an aggregate retention of
    14  eighty-eight million five hundred thousand dollars, or  six  percent  of
    15  enhanced  internet and electronic partner revenue, whichever is less. On
    16  and after April first, two thousand sixteen,  the  percent  of  enhanced
    17  internet  and electronic partner revenue to be retained by county clerks
    18  shall be the average of the  annual  percentages  that  were  in  effect
    19  between  April  first,  two  thousand twelve and March thirty-first, two
    20  thousand sixteen.] The retention percentage shall be 10.75 percent.
    21    § 2. This act shall take effect January 1, 2024.
 
    22                                   PART N
 
    23                            Intentionally Omitted
 
    24                                   PART O
 
    25                            Intentionally Omitted
 
    26                                   PART P
 
    27                            Intentionally Omitted
 
    28                                   PART Q
 
    29    Section 1. Paragraph 1 of subsection (a) of section  801  of  the  tax
    30  law,  as  amended  by  section  1 of part N of chapter 59 of the laws of
    31  2012, is amended to read as follows:
    32    (1) (A) For employers who engage in business within the MCTD,  in  the
    33  counties  of  Dutchess,  Nassau,  Orange,  Putnam, Rockland, Suffolk and
    34  Westchester, the tax is imposed at a rate of [(A)] (i) eleven hundredths
    35  (.11) percent of the payroll expense for employers with payroll  expense
    36  no  greater  than  three  hundred  seventy-five  thousand dollars in any
    37  calendar quarter, [(B)] (ii) twenty-three hundredths  (.23)  percent  of
    38  the  payroll  expense  for  employers  with payroll expense greater than
    39  three hundred seventy-five thousand dollars and  no  greater  than  four
    40  hundred thirty-seven thousand five hundred dollars in any calendar quar-
    41  ter, and [(C)] (iii) thirty-four hundredths (.34) percent of the payroll
    42  expense  for  employers  with  payroll expense in excess of four hundred
    43  thirty-seven thousand five hundred dollars in any calendar  quarter.  If
    44  the  employer  is  a  professional  employer organization, as defined in
    45  section nine hundred sixteen of the labor law, the employer's tax  shall

        S. 4008--C                         10                         A. 3008--C
 
     1  be  calculated  by  determining the payroll expense attributable to each
     2  client who has entered into a professional employer agreement with  such
     3  organization  and  the payroll expense attributable to such organization
     4  itself,  multiplying each of those payroll expense amounts by the appli-
     5  cable rate set forth in this paragraph and adding those products togeth-
     6  er.
     7    (B) For employers who engage in business within the MCTD, in the coun-
     8  ties of Bronx, Kings, New York, Queens, and Richmond, the tax is imposed
     9  at a rate of (i) eleven hundredths (.11) percent of the payroll  expense
    10  for  employers with payroll expense no greater than three hundred seven-
    11  ty-five thousand dollars in  any  calendar  quarter,  (ii)  twenty-three
    12  hundredths  (.23)  percent  of  the  payroll  expense for employers with
    13  payroll expense greater than three hundred seventy-five thousand dollars
    14  and no greater than four  hundred  thirty-seven  thousand  five  hundred
    15  dollars  in  any  calendar  quarter,  and  (iii)  sixty hundredths (.60)
    16  percent of the payroll expense for employers  with  payroll  expense  in
    17  excess of four hundred thirty-seven thousand five hundred dollars in any
    18  calendar  quarter.  If the employer is a professional employer organiza-
    19  tion, as defined in section nine hundred sixteen of the labor  law,  the
    20  employer's  tax  shall  be calculated by determining the payroll expense
    21  attributable to each client who has entered into a professional employer
    22  agreement with such organization and the payroll expense attributable to
    23  such organization itself, multiplying  each  of  those  payroll  expense
    24  amounts  by  the  applicable rate set forth in this paragraph and adding
    25  those products together.
    26    § 2. Paragraph 2 of subsection (a) of section 801 of the tax  law,  as
    27  amended  by  section  1  of part N of chapter 59 of the laws of 2012, is
    28  amended to read as follows:
    29    (2) (A) For individuals, the tax is imposed at a rate  of  thirty-four
    30  hundredths  (.34)  percent  of  the net earnings from self-employment of
    31  individuals that are attributable to the MCTD if such earnings attribut-
    32  able to the MCTD, in the counties of Dutchess, Nassau,  Orange,  Putnam,
    33  Rockland, Suffolk and Westchester, exceed fifty thousand dollars for the
    34  tax year.
    35    (B)  For  individuals,  the  tax  is  imposed at a rate of forty-seven
    36  hundredths (.47) percent of the net  earnings  from  self-employment  of
    37  individuals that are attributable to the MCTD, in the counties of Bronx,
    38  Kings,  New York, Queens, and Richmond, if such earnings attributable to
    39  the MCTD exceed fifty thousand dollars for the tax year.
    40    § 3. Subparagraph (B) of paragraph 2 of subsection (a) of section  801
    41  of  the  tax  law,  as amended by section two of this act, is amended to
    42  read as follows:
    43    (B) For individuals, the tax is imposed at  a  rate  of  [forty-seven]
    44  sixty hundredths [(.47)] (.60) percent of the net earnings from self-em-
    45  ployment  of individuals that are attributable to the MCTD, in the coun-
    46  ties of Bronx, Kings, New York, Queens, and Richmond, if  such  earnings
    47  attributable to the MCTD exceed fifty thousand dollars for the tax year.
    48    § 4. This act shall take effect immediately; provided, however, that:
    49    (a)  (i) section one of this act shall apply to tax quarters beginning
    50  on or after July 1, 2023;
    51    (ii) section two of this act shall apply to taxable years beginning on
    52  or after January 1, 2023 and before January 1, 2024; and
    53    (iii) section three of this act shall apply to taxable years beginning
    54  on or after January 1, 2024; and

        S. 4008--C                         11                         A. 3008--C
 
     1    (b) section two of this act shall expire and be deemed repealed  Janu-
     2  ary 1, 2024, when upon such date the provisions of section three of this
     3  act shall take effect.
 
     4                                   PART R
 
     5    Section  1.  Subdivisions 1 and 2 of section 1352 of the racing, pari-
     6  mutuel wagering and breeding law, as added by chapter 174 of the laws of
     7  2013, are amended to read as follows:
     8    1. (a) The commission shall pay into an account, to be  known  as  the
     9  commercial  gaming revenue fund as established pursuant to section nine-
    10  ty-seven-nnnn of the state finance law, under the joint custody  of  the
    11  comptroller  and the commissioner of taxation and finance, all taxes and
    12  fees imposed by this article paid by a gaming  facility  licensed  under
    13  title  two of this article or title two-A of this article located within
    14  zone two; any interest and penalties imposed by the commission  relating
    15  to  those  taxes;  the  appropriate  percentage  of the value of expired
    16  gaming related obligations; all penalties levied and  collected  by  the
    17  commission;  and  the  appropriate  funds, cash or prizes forfeited from
    18  gambling activity.
    19    (b) For any gaming facility that does not  qualify  under  subdivision
    20  two  of  section  thirteen  hundred  twenty-one-a  of  this  article, is
    21  licensed under title two-A of this article, and is  located  within  New
    22  York City, revenues shall be distributed in the following manner:
    23    (i) fifty percent of the taxes imposed by this article, and any inter-
    24  est  and  penalties  imposed  by  the commission relating to those taxes
    25  shall be deposited to a sole custody fund established under  the  gaming
    26  commission,  and  paid  monthly,  without appropriation, directly to the
    27  metropolitan transportation authority  commercial  gaming  revenue  fund
    28  established  under  section  one  thousand  two hundred seventy-j of the
    29  public authorities law; and
    30    (ii) fifty percent of the taxes  imposed  by  this  article,  and  any
    31  interest  and  penalties  imposed  by the commission relating  to  those
    32  taxes shall be deposited into the commercial gaming revenue fund  estab-
    33  lished  under  section ninety-seven-nnnn of the state finance law by the
    34  commission and shall be appropriated or transferred only for  elementary
    35  and secondary education or real property tax relief.
    36    (c)  For  any  gaming facility that does not qualify under subdivision
    37  two of  section  thirteen  hundred  twenty-one-a  of  this  article,  is
    38  licensed  under  title two-A of   this  article, and located within zone
    39  one but not located within New York City, revenues shall be  distributed
    40  in the following manner:
    41    (i) forty percent of the taxes imposed by this article, and any inter-
    42  est  and  penalties  imposed  by  the commission relating to those taxes
    43  shall be deposited to a sole custody fund established under  the  gaming
    44  commission,  and  paid  monthly,  without appropriation, directly to the
    45  metropolitan transportation authority  commercial  gaming  revenue  fund
    46  established  under  section  one  thousand  two hundred seventy-j of the
    47  public authorities law;
    48    (ii) forty percent of the taxes  imposed  by  this  article,  and  any
    49  interest  and  penalties  imposed  by the commission relating  to  those
    50  taxes shall be deposited into the commercial gaming revenue fund  estab-
    51  lished  under  section ninety-seven-nnnn of the state finance law by the
    52  commission and shall be appropriated or transferred only for  elementary
    53  and  secondary education or real property tax relief from the commercial
    54  gaming revenue fund;

        S. 4008--C                         12                         A. 3008--C
 
     1    (iii) five percent of the taxes  imposed  by  this  article,  and  any
     2  interest  and  penalties  imposed  by the commission relating  to  those
     3  taxes, shall be deposited into the commercial gaming revenue fund estab-
     4  lished under section ninety-seven-nnnn of the state finance law  by  the
     5  commission  and shall be allocated to the host county for the purpose of
     6  real property tax relief or for education assistance;
     7    (iv) ten percent of the taxes imposed by this article, and any  inter-
     8  est  and  penalties  imposed by the commission relating  to  those taxes
     9  shall be deposited into the commercial gaming revenue  fund  established
    10  under  section ninety-seven-nnnn of the state finance law by the commis-
    11  sion and shall be allocated to the host municipality for the purpose  of
    12  real property tax relief or education assistance; and
    13    (v)  five percent of the taxes imposed by this article, and any inter-
    14  est and penalties imposed by the commission relating  to   those  taxes,
    15  shall  be  deposited into the commercial gaming revenue fund established
    16  under section ninety-seven-nnnn of the state finance law by the  commis-
    17  sion and shall be allocated among counties within the region, as defined
    18  by  section  one  thousand  three  hundred  ten of this article, for the
    19  purpose  of   real property tax relief  or  education  assistance.  Such
    20  distribution  from  the commercial   gaming   revenue   fund established
    21  under section ninety-seven-nnnn of the state finance law shall  be  made
    22  among  the  counties on a   per   capita  basis, subtracting  the  popu-
    23  lation of host municipality and county.
    24    (d) For any gaming facility that qualifies under  subdivision  two  of
    25  section thirteen hundred twenty-one-a of this article, is licensed under
    26  title  two-A of   this   article, and is located within zone one but not
    27  located within New York City,  revenues  shall  be  distributed  in  the
    28  following manner:
    29    (i)  Eighty  percent  of all deposits in a state fiscal year resulting
    30  from taxes imposed by this  article,  and  any  interest  and  penalties
    31  imposed  by the commission relating to  those taxes shall be directed to
    32  the commercial gaming revenue fund until the total of such deposits  for
    33  the  state  fiscal  year  is  equal  to  the education aid hold harmless
    34  amount.  The education aid hold harmless amount shall be  equal  to  the
    35  greater  of (A) the revenue received from the facility for education aid
    36  deposits into  the state  lottery fund as a video lottery gaming  licen-
    37  see  pursuant  to section sixteen hundred seventeen-a of the tax law for
    38  the twelve months immediately preceding the date on which such  facility
    39  began  operations  as a commercial casino  pursuant to  title  two-A  of
    40  this article, or (B) the revenue received from the facility  for  educa-
    41  tion  aid  deposits into   the   state  lottery  fund as a video lottery
    42  gaming licensee pursuant to section sixteen hundred seventeen-a  of  the
    43  tax  law  for  state fiscal year two thousand twenty-two.  For the first
    44  fiscal year of gaming facility  operations,  the  hold  harmless  amount
    45  shall  reflect a pro-rata amount based on the opening date of the gaming
    46  facility.  Notwithstanding  section ninety-seven-nnnn   of   the   state
    47  finance    law,  such  deposits  into the commercial gaming revenue fund
    48  shall be available exclusively for  elementary and secondary  education.
    49  Should  these deposits resulting from taxes imposed pursuant to subdivi-
    50  sion  one-a  of section thirteen hundred  fifty-one  of this  article on
    51  the operations of a qualifying gaming facility at the  conclusion  of  a
    52  given  state  fiscal  year  be less than the total   required under this
    53  paragraph, such  gaming  facility  shall  remit  the  necessary  payment
    54  accounting for the difference to  the  commission  for  deposit into the
    55  commercial gaming revenue fund no later  than  the  next  occurring  May
    56  first.

        S. 4008--C                         13                         A. 3008--C
 
     1    (ii)  Twenty  percent of all deposits in a state fiscal year resulting
     2  from taxes imposed by this  article,  and  any  interest  and  penalties
     3  imposed by the commission relating to  those taxes, shall be distributed
     4  in  the  same  manner as subparagraphs (iii), (iv), and (v) of paragraph
     5  (c) of this subdivision.
     6    (iii)   Once  the  deposits  from  a  qualifying  gaming  facility  as
     7  prescribed in subparagraph (i) of this paragraph  exceed  the  education
     8  aid hold harmless amount as determined in subparagraph (i) of this para-
     9  graph  in  a  given  state fiscal year, eighty percent of all subsequent
    10  deposits in such state fiscal year from taxes imposed by  this  article,
    11  and  any  interest  and  penalties imposed by the commission relating to
    12  those taxes shall be deposited to a sole custody fund established  under
    13  the gaming commission, and paid monthly, without appropriation, directly
    14  to  the  metropolitan transportation authority commercial gaming revenue
    15  fund established under section one thousand two hundred seventy-j of the
    16  public authorities law and the remaining twenty percent  shall  continue
    17  to  be  distributed in the same manner as subparagraphs (iii), (iv), and
    18  (v) of paragraph (c) of this subdivision; provided  however,  that  once
    19  the  dollar  amount  paid  directly  to  the metropolitan transportation
    20  authority commercial gaming revenue fund established under  section  one
    21  thousand two hundred seventy-j of the public authorities law matches the
    22  same  dollar  amount  paid  pursuant  to the education aid hold harmless
    23  amount as determined in subparagraph (i) of this paragraph  in  a  given
    24  state  fiscal year, twenty percent of any excess dollar amounts shall be
    25  distributed in the same manner as subparagraphs (iii), (iv), and (v)  of
    26  paragraph  (c)  of  this subdivision, forty percent of any excess dollar
    27  amounts shall be deposited to a sole custody fund established under  the
    28  gaming  commission, and paid monthly, without appropriation, directly to
    29  the metropolitan transportation authority commercial gaming revenue fund
    30  established under section one thousand  two  hundred  seventy-j  of  the
    31  public  authorities  law, and forty percent of any excess dollar amounts
    32  shall be deposited by the commission into the commercial gaming  revenue
    33  fund  established  under  section ninety-seven-nnnn of the state finance
    34  law for the sole purposes of education aid.
    35    (e) For any gaming facility that qualifies under  subdivision  two  of
    36  section thirteen hundred twenty-one-a of this article, is licensed under
    37  title  two-A  of  this    article,  and is located within New York City,
    38  revenues shall be distributed in the following manner:
    39    (i) Eighty percent of all deposits in a state  fiscal  year  resulting
    40  from  taxes  imposed  by  this  article,  and any interest and penalties
    41  imposed by the commission relating to  those taxes, shall  be  deposited
    42  in  the  same  manner  as  in  subparagraph (i) of paragraph (d) of this
    43  subdivision.  For the first fiscal year of gaming  facility  operations,
    44  the  hold  harmless  amount shall reflect a pro-rata amount based on the
    45  opening date of the gaming facility.
    46    (ii) Twenty percent of all deposits in a state fiscal  year  resulting
    47  from  taxes  imposed  by  this  article,  and any interest and penalties
    48  imposed by the commission relating to  those taxes, shall  be  deposited
    49  to a sole custody fund established under the gaming commission, and paid
    50  monthly, without appropriation, directly to the metropolitan transporta-
    51  tion  authority commercial gaming revenue fund established under section
    52  one thousand two hundred seventy-j of the public authorities  law  until
    53  the  applicable  education  aid  hold  harmless  amount as prescribed in
    54  subparagraph (i) of paragraph (d) of this subdivision has been met.
    55    (iii)  Once  the  deposits  from  a  qualifying  gaming  facility   as
    56  prescribed  in  subparagraph  (i) of this paragraph exceed the education

        S. 4008--C                         14                         A. 3008--C
 
     1  aid hold harmless amount as determined in subparagraph (i) of  paragraph
     2  (d) of this subdivision in a given state  fiscal  year,  all  subsequent
     3  deposits  in  such state fiscal year from taxes imposed by this article,
     4  and  any  interest  and  penalties imposed by the commission relating to
     5  those taxes, shall be deposited to a sole custody fund established under
     6  the gaming commission, and paid monthly, without appropriation, directly
     7  to the metropolitan transportation authority commercial  gaming  revenue
     8  fund established under section one thousand two hundred seventy-j of the
     9  public  authorities  law;  provided however, that once the dollar amount
    10  paid directly to the metropolitan  transportation  authority  commercial
    11  gaming  revenue  fund established under section one thousand two hundred
    12  seventy-j of the public authorities law matches the same  dollar  amount
    13  paid pursuant to the education aid hold harmless amount as determined in
    14  subparagraph  (i)  of paragraph (d) of this subdivision in a given state
    15  fiscal year, fifty percent of any excess dollar amounts shall be  depos-
    16  ited to a sole custody fund established under the gaming commission, and
    17  paid monthly, without appropriation, directly to the metropolitan trans-
    18  portation  authority  commercial  gaming  revenue fund established under
    19  section one thousand two hundred seventy-j  of  the  public  authorities
    20  law,  and  fifty percent of any excess dollar amounts shall be deposited
    21  by the commission into the commercial gaming  revenue  fund  established
    22  under  section  ninety-seven-nnnn  of the state finance law for the sole
    23  purposes of education aid.
    24    (f) For a municipality that was appropriated  video  lottery  terminal
    25  aid  in  the  year  two thousand twenty-three pursuant to section fifty-
    26  four-l of the state finance law,  the  gaming  facility  licensed  under
    27  title  two-A  of  this article that was previously authorized to operate
    28  video lottery gaming pursuant to section one thousand six hundred seven-
    29  teen-a of the tax law must hold the municipality harmless  so  that  the
    30  host  municipality  does not receive less money in any state fiscal year
    31  under the provisions of subparagraph  (ii)  of  paragraph  (d)  of  this
    32  subdivision than such host municipality received in annual video lottery
    33  terminal  aid  in  the year two thousand twenty-three. The provisions of
    34  this paragraph shall apply as of the first full  state  fiscal  year  in
    35  which video lottery terminal aid is not received by the municipality and
    36  gaming facility operations have commenced.
    37    2.  The  commission  shall  require  at  least monthly deposits by the
    38  licensee of any payments pursuant to section one thousand three  hundred
    39  fifty-one  of this article, at such times, under such conditions, and in
    40  such depositories as shall be prescribed by the state  comptroller.  The
    41  deposits  shall  be  deposited  to  the  credit of the commercial gaming
    42  revenue fund as established by section ninety-seven-nnnn  of  the  state
    43  finance  law  or to the metropolitan transportation authority commercial
    44  gaming revenue fund established under section one thousand  two  hundred
    45  seventy-j  of  the public authorities law, according to the requirements
    46  of subdivision one of this section. The commission may require a monthly
    47  report and reconciliation statement to be filed with it on or before the
    48  tenth day of each month, with respect to  gross  revenues  and  deposits
    49  received and made, respectively, during the preceding month.
    50    §  1-a.  Subdivision  3  of  section 1321-e of the racing, pari-mutuel
    51  wagering and breeding law, as added by section 7 of part RR  of  chapter
    52  56 of the laws of 2022, is amended to read as follows:
    53    3.  The board shall determine a licensing fee to be paid by a licensee
    54  within thirty days after the [award] selection  of  the  license  [which
    55  shall  be  deposited  into the commercial gaming revenue fund], provided
    56  however that no licensing fee shall be less than  five  hundred  million

        S. 4008--C                         15                         A. 3008--C
 
     1  dollars.  The  license shall set forth the conditions to be satisfied by
     2  the licensee before the gaming facility shall be opened to  the  public.
     3  All  revenues collected from license fees from gaming facilities located
     4  within  zone  one  shall be deposited to a sole custody fund established
     5  under the gaming commission, and paid  monthly,  without  appropriation,
     6  directly  to the metropolitan transportation authority commercial gaming
     7  revenue fund established under section one thousand two  hundred  seven-
     8  ty-j  of the public authorities law. All revenues collected from license
     9  fees from gaming facilities located within zone two shall  be  deposited
    10  to the commercial  gaming  revenue  fund established under section nine-
    11  ty-seven-nnnn  of  the  state  finance law. The commission shall set any
    12  renewal fee for such license based on the cost of fees  associated  with
    13  the evaluation of a licensee under this article which shall be deposited
    14  into  the commercial gaming fund. Such renewal fee shall be exclusive of
    15  any subsequent licensing fees under this section.
    16    § 2. Subdivision 2 of section 97-nnnn of the  state  finance  law,  as
    17  added  by chapter 174 of the laws of 2013, is amended and a new subdivi-
    18  sion 6 is added to read as follows:
    19    2. Such account shall consist of all revenues [from all taxes and fees
    20  imposed by article thirteen of  the  racing,  pari-mutuel  wagering  and
    21  breeding  law; any interest and penalties imposed by the New York state]
    22  received from the  gaming  commission  [relating  to  those  taxes;  the
    23  percentage  of  the value of expired gaming related obligations; and all
    24  penalties levied and collected  by  the  commission.  Additionally,  the
    25  state  gaming  commission  shall  pay  into  the account any appropriate
    26  funds, cash or prizes forfeited  from  gambling  activity]  pursuant  to
    27  paragraphs  (a),  (b),  (c), (d) and (e)   of subdivision one of section
    28  thirteen hundred fifty-two  of  the  racing,  pari-mutuel  wagering  and
    29  breeding law.
    30    6.  Notwithstanding any provision of this section to the contrary, any
    31  money deposited into this fund  pursuant  to  section  thirteen  hundred
    32  fifty-two  of the racing, pari-mutuel wagering and breeding law shall be
    33  distributed as specified in that section.
    34    § 3. The public authorities law is amended by  adding  a  new  section
    35  1270-j to read as follows:
    36    §  1270-j.  Metropolitan  transportation  authority  commercial gaming
    37  revenue fund. 1. The authority shall establish a fund to be known as the
    38  "metropolitan transportation authority commercial gaming  revenue  fund"
    39  which  shall  be kept separate from and shall not be commingled with any
    40  other moneys of the authority.
    41    2. The gaming commission shall deposit into the metropolitan transpor-
    42  tation authority commercial gaming revenue fund, without  appropriation,
    43  the  revenue  including  taxes collected in accordance with the relevant
    44  provisions of paragraphs (b), (c), (d) and (e)  of  subdivision  one  of
    45  section  thirteen  hundred fifty-two of the racing, pari-mutuel wagering
    46  and breeding law and licensing fees collected  in  accordance  with  the
    47  relevant  provisions  of  subdivision  three of section thirteen hundred
    48  twenty-one-e of the racing, pari-mutuel wagering and breeding law.
    49    3. Moneys in the fund may be used by  the  authority  for  payment  of
    50  operating  costs  of  or  for  the  authority, the New York city transit
    51  authority and their  subsidiaries  as  the  authority  shall  determine,
    52  including  debt  service.  Monies  in  the  fund shall not be pledged to
    53  secure bonds, notes or other obligations of the authority, the New  York
    54  city transit authority and their subsidiaries.
    55    4.  Nothing  contained in this section shall be deemed to restrict the
    56  right of the State to amend, repeal, modify or otherwise alter  statutes

        S. 4008--C                         16                         A. 3008--C
 
     1  imposing  or  relating  to  the  taxes, interest and penalties, fees and
     2  charges producing revenues for deposit in the  metropolitan  transporta-
     3  tion  authority  commercial  gaming  revenue fund or, if applicable, any
     4  appropriations relating thereto.
     5    § 4. Subdivision 2 of section 1321-a of the racing, pari-mutuel wager-
     6  ing  and breeding law, as added by section 7 of part RR of chapter 56 of
     7  the laws of 2022, is amended to read as follows:
     8    2. If any of the three additional gaming facility licenses are awarded
     9  to an entity that was licensed for  video  lottery  gaming  pursuant  to
    10  section  sixteen  hundred seventeen-a of the tax law as of January first
    11  two thousand twenty-two[, the education aid for the state resulting from
    12  taxes imposed pursuant to subdivision one-a of section thirteen  hundred
    13  fifty-one  of this article on the gaming facility operations of any such
    14  entity in a given state fiscal year shall be no less than the  total  of
    15  education  aid  deposits  into  the  state  lottery  fund from the video
    16  lottery gaming operations of such entity for the full twelve month peri-
    17  od immediately preceding its opening date as a gaming facility, provided
    18  however, that the twelve month period education aid total shall  not  be
    19  less  than  the  education aid total from the video lottery gaming oper-
    20  ations of such entity for state fiscal  year  two  thousand  twenty-two.
    21  Should  the  education  aid  for  the state resulting from taxes imposed
    22  pursuant to subdivision one-a of section thirteen hundred  fifty-one  of
    23  this  article  on  the  gaming facility operations of such entity at the
    24  conclusion of a given state fiscal year be less than the total  required
    25  under this subdivision, such entity shall remit the necessary payment to
    26  the  commission  for  deposit into the commercial gaming revenue fund no
    27  later than the next occurring May first. Notwithstanding  section  nine-
    28  ty-seven-nnnn of the state finance law, such payment into the commercial
    29  gaming revenue fund shall be available only for elementary and secondary
    30  education.],  a hold harmless provision shall apply. For the purposes of
    31  this section, video lottery gaming operations of an entity shall include
    32  any hosted video lottery devices.
    33    § 5. This act shall take effect immediately.
 
    34                                   PART S
 
    35                            Intentionally Omitted
 
    36                                   PART T
 
    37                            Intentionally Omitted

    38                                   PART U
 
    39    Section 1. Section 4 of chapter 495 of the laws of 2004, amending  the
    40  insurance  law  and the public health law relating to the New York state
    41  health  insurance  continuation  assistance  demonstration  project,  as
    42  amended  by  section  4  of part T of chapter 58 of the laws of 2022, is
    43  amended to read as follows:
    44    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    45  have  become  a  law;  provided,  however, that this act shall remain in
    46  effect until July 1, [2023] 2024 when upon such date the  provisions  of
    47  this  act shall expire and be deemed repealed; provided, further, that a

        S. 4008--C                         17                         A. 3008--C
 
     1  displaced worker shall be eligible for continuation assistance  retroac-
     2  tive to July 1, 2004.
     3    § 2. This act shall take effect immediately.
 
     4                                   PART V
 
     5                            Intentionally Omitted
 
     6                                   PART W
 
     7                            Intentionally Omitted
 
     8                                   PART X
 
     9    Section  1.    Paragraph  (c) of subdivision 2 of section 103-a of the
    10  public officers law, as added by section 2 of part WW of chapter  56  of
    11  the laws of 2022, is amended to read as follows:
    12    (c) members of the public body shall be physically present at any such
    13  meeting  unless  such  member  is unable to be physically present at any
    14  such meeting location due to extraordinary circumstances, as  set  forth
    15  in  the resolution and written procedures adopted pursuant to paragraphs
    16  (a) and (b) of this subdivision, including disability, illness, caregiv-
    17  ing responsibilities, or any other significant or unexpected  factor  or
    18  event which precludes the member's physical attendance at such meeting .
    19  Notwithstanding  the  in  person  quorum  requirements set forth in this
    20  subdivision, the public body may determine, through its  written  proce-
    21  dures governing member and public attendance established pursuant to and
    22  consistent with this section, to allow for any member who has a disabil-
    23  ity  as  defined in section two hundred ninety-two of the executive law,
    24  where such disability renders such member unable to  participate in-per-
    25  son at any such meeting location where the  public  can  attend,  to  be
    26  considered  present  for  purposes of fulfilling the quorum requirements
    27  for such public body at any meetings conducted through videoconferencing
    28  pursuant to this section, provided, however, that the remaining criteria
    29  set forth in this subdivision are otherwise met; and provided,  further,
    30  that  the public body maintains at least one physical location where the
    31  public can attend such meeting;
    32    § 2. This act shall take effect immediately; provided,  however,  that
    33  the  amendments  to  section  103-a  of  the public officers law made by
    34  section one of this act shall not affect the repeal of such section  and
    35  shall be deemed repealed therewith.
 
    36                                   PART Y
 
    37                            Intentionally Omitted
 
    38                                   PART Z
 
    39                            Intentionally Omitted
 
    40                                   PART AA

        S. 4008--C                         18                         A. 3008--C
 
     1                            Intentionally Omitted
 
     2                                   PART BB
 
     3    Section  1.  Subdivision  29 of section 1678 of the public authorities
     4  law is amended by adding a new closing paragraph to read as follows:
     5    The authority shall submit a report, no later than  September  thirti-
     6  eth, two thousand twenty-four, and annually thereafter, to the governor,
     7  the  temporary  president  of the senate and the speaker of the assembly
     8  regarding procurements made pursuant to this  subdivision.  Such  report
     9  shall  include  a  description of each procurement made pursuant to this
    10  subdivision, information regarding the procurement process for each such
    11  procurement contract, including the list  of  responding  entities  that
    12  demonstrated  the capability to meet the specifications and terms of the
    13  procurement made pursuant to this subdivision if  such  procurement  did
    14  not  use  lowest  responsible bidding, the project identification number
    15  and a description for each such project, the completion date or project-
    16  ed completion date as applicable for each such project,  the  status  of
    17  each  such  project, the total cost or projected cost and cost modifica-
    18  tions of each such project procured pursuant to this subdivision,  indi-
    19  cation of whether the party awarded a contract pursuant to this subdivi-
    20  sion  served  as a general contractor or subcontractor in fulfilling the
    21  contract, and the total dollar value of monies  paid  to  minority-owned
    22  and  women-owned business enterprises pursuant to this subdivision item-
    23  ized by year and including the total dollar values for  the  five  years
    24  preceding  the  respective  annual  report's  release  date.  For annual
    25  reports any new procurements and changes during the  period  covered  by
    26  the report shall be identified separately.
    27    §  2.  Section 2 of chapter 97 of the laws of 2019 amending the public
    28  authorities law, in relation to the award of contracts  to  small  busi-
    29  nesses,  minority-owned  business  enterprises  and women-owned business
    30  enterprises, is amended to read as follows:
    31    § 2. This act shall take effect immediately and shall expire  July  1,
    32  [2023]  2027  when  upon  such  date the provisions of this act shall be
    33  deemed repealed.
    34    § 3. This act shall take effect immediately; provided,  however,  that
    35  the  amendments to subdivision 29 of section 1678 of the public authori-
    36  ties law made by section one of this act shall not affect the expiration
    37  of such subdivision and shall be deemed repealed therewith.
 
    38                                   PART CC
 
    39                            Intentionally Omitted
 
    40                                   PART DD
 
    41    Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
    42  the  New  York  state  urban  development corporation act, is amended by
    43  adding a new section 52-a to read as follows:
    44    § 52-a. Small business innovation research and small business technol-
    45  ogy transfer matching grant program.  1.  The  corporation,  subject  to
    46  available  appropriations  and  in  consultation  with the department of
    47  economic development's division for small business,  shall  establish  a
    48  matching  grant  program  to  provide funds to small businesses who have

        S. 4008--C                         19                         A. 3008--C
 
     1  been awarded phase one or phase two grants under the federal small busi-
     2  ness innovation research program or the small business technology trans-
     3  fer program. Such grants shall be awarded based on a company's potential
     4  for  commercialization  and  job growth. As used in this section, "small
     5  business" shall have the same meaning as provided   for in  section  one
     6  hundred thirty-one of the economic development law.
     7    2. The funding amounts for such grant program shall be as follows:
     8    (a)  For  small  businesses  that  have been awarded phase one funding
     9  under the federal small business  innovation  research  program  or  the
    10  small  business  technology  transfer program, the amount shall be up to
    11  one hundred thousand dollars.
    12    (b) For small businesses that have  been  awarded  phase  two  funding
    13  under  the  federal  small  business  innovation research program or the
    14  small business technology transfer program, the amount shall  be  up  to
    15  two hundred thousand dollars.
    16    (c)  For  small  businesses  that have been awarded phase three status
    17  under the federal small business  innovation  research  program  or  the
    18  small  business  technology  transfer  program, such businesses shall be
    19  provided access to technical assistance  and  outreach  support  through
    20  relevant  programs of the corporation or the division of economic devel-
    21  opment best suited to  foster  such  businesses  continued  success  and
    22  growth,  including  but  not  limited  to  the  manufacturing  extension
    23  program, centers for advanced technology program, centers of  excellence
    24  program,  the  state small business credit initiative program, certified
    25  innovation hot spots  program,  certified  business  incubator  program,
    26  entrepreneurial  assistance  centers, business competitions and acceler-
    27  ators supported by the corporation or department  of  economic  develop-
    28  ment, and venture capital investments administered by the corporation or
    29  department of economic development.
    30    3.  Small businesses applying to the federal small business innovation
    31  research program or the small business technology transfer  program  may
    32  apply to the corporation for a commitment letter that may be included in
    33  their  application  to  the federal programs named herein to demonstrate
    34  contingent state support and  therefore  increase  their  likelihood  of
    35  receiving  federal small business innovation research and small business
    36  technology transfer  matching  grant  program  funding.  State  matching
    37  grants  shall only be provided to small businesses that are selected for
    38  an award through the federal small business innovation research  program
    39  or the small business technology transfer program.
    40    4.  Such funds awarded pursuant to this section shall be used to expe-
    41  dite commercialization and generally used to cover expenses not  allowed
    42  under  the  federal  small  business  innovation research program or the
    43  small business technology transfer program, including but not limited to
    44  business planning, commercialization, patents and marketing  studies  in
    45  sales  efforts.  Additionally,  the  corporation  shall  offer  grantees
    46  assistance with accessing existing resources offered through the  corpo-
    47  ration  or  the department of economic development that cover areas such
    48  as business planning inclusive of business financial  planning,  commer-
    49  cialization, intellectual property and patents, mentoring, international
    50  trade  and  export  development,  and marketing studies in sales efforts
    51  support to ensure the most efficient use of funds awarded  through  this
    52  program.
    53    5.  Such  funds  shall be awarded on condition that the small business
    54  recipient remains headquartered and  operates  or  manufactures  in  the
    55  state  for at least two years following the successful commercialization
    56  of the business's product or  products.  Any  small  business  that  has

        S. 4008--C                         20                         A. 3008--C
 
     1  received  funding under this program that is not headquartered and oper-
     2  ates or manufactures in the state for at least two years  following  the
     3  successful commercialization of the business's product or products shall
     4  return all grant awards to the state. If the small business ceases oper-
     5  ations  before  five years after the commercialization of its product or
     6  products, such business shall be eligible for a waiver of this  clawback
     7  provision,  as  determined  by the corporation, in consultation with the
     8  department of economic development's division for small business.
     9    6. The corporation, in consultation with the  department  of  economic
    10  development's  division for small business, shall establish the form and
    11  manner in which applications for grant awards  shall  be  submitted  and
    12  shall establish rules, regulations, or guidelines for the grant program.
    13  The  corporation  shall  endeavor  to advance applicants that can demon-
    14  strate the degree to which their small business or  product  advances  a
    15  green  and  sustainable economy, or supports traditionally disadvantaged
    16  populations.
    17    The corporation shall review each application for compliance with  the
    18  eligibility  criteria  and other requirements set forth in the program's
    19  rules, regulations, or guidelines established by the  commissioner.  The
    20  corporation  may  approve  or  reject  each application or may return an
    21  application for modifications, if necessary.
    22    7. The corporation, beginning on June first, two thousand twenty-four,
    23  and annually thereafter, provided program funds remain, shall  submit  a
    24  report  to  the governor, the temporary president of the senate, and the
    25  speaker of the assembly. Such annual report shall include, but need  not
    26  be  limited  to: the number of applicants by stage; the number of appli-
    27  cants approved to receive grants; the total amount of grants awarded and
    28  the average amount of such grants awarded; and such other information as
    29  the corporation determines necessary and appropriate. Such report  shall
    30  be included on the corporation's website and any other publicly accessi-
    31  ble  state  databases that list economic development programs, as deter-
    32  mined by the corporation.
    33    § 2. This act shall take effect immediately.
 
    34                                   PART EE
 
    35    Section 1. Paragraph (f) of subdivision 1 of  section  1977-a  of  the
    36  public  authorities law, as added by chapter 628 of the laws of 2019, is
    37  amended to read as follows:
    38    (f) Additional authorizations. For the purpose  of  financing  capital
    39  costs  in  connection  with  a  program  of infrastructure construction,
    40  improvements and other capital expenditures for the  project  area,  the
    41  authority  may, in addition to the authorizations contained elsewhere in
    42  this title, borrow money by issuing bonds  and  notes  in  an  aggregate
    43  principal amount not exceeding one billion five hundred million dollars,
    44  plus a principal amount of bonds or notes issued (i) to fund any related
    45  debt  service  reserve  fund,  (ii) to provide capitalized interest, and
    46  (iii) to provide for fees and other charges and expenses  including  any
    47  underwriters' discounts, related to the issuance of such bonds or notes,
    48  all  as determined by the authority, excluding bonds and notes issued to
    49  refund outstanding bonds and notes issued pursuant to this section.
    50    § 2. This act shall take effect immediately.
 
    51                                   PART FF

        S. 4008--C                         21                         A. 3008--C
 
     1    Section 1. Section 217 of the state finance law, as amended by section
     2  1 of part H of chapter 60 of the laws of 2011, is  amended  to  read  as
     3  follows:
     4    § 217. Linked loans. Linked loans shall be made by lenders pursuant to
     5  the  program  only  to  eligible  businesses in connection with eligible
     6  projects. A linked loan shall be limited to a maximum  amount  of  [two]
     7  four  million  dollars.  An  eligible business may receive more than one
     8  linked loan. During the life of  the  linked  loan  program,  the  total
     9  amount  of  money  that a business can borrow from the linked program is
    10  [two] six million dollars. The credit decision for making a linked  loan
    11  shall  be  made  solely by the lender. Notwithstanding the length of the
    12  term of a linked loan, the linked deposit relating to  the  linked  loan
    13  shall be for a period of not more than four years.
    14    § 2. The act shall take effect immediately.
 
    15                                   PART GG
 
    16    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
    17  New York state urban development corporation act, relating to the powers
    18  of the New York state urban development corporation to  make  loans,  as
    19  amended  by  section  1  of part Y of chapter 58 of the laws of 2022, is
    20  amended to read as follows:
    21    § 2. This act shall take effect immediately  provided,  however,  that
    22  section  one  of  this act shall expire on July 1, [2023] 2024, at which
    23  time the provisions of subdivision 26 of section 5 of the New York state
    24  urban development corporation act shall be  deemed  repealed;  provided,
    25  however,  that neither the expiration nor the repeal of such subdivision
    26  as provided for herein shall be deemed to affect or impair in any manner
    27  any loan made pursuant to the authority of  such  subdivision  prior  to
    28  such expiration and repeal.
    29    § 2. This act shall take effect immediately.

    30                                   PART HH
 
    31                            Intentionally Omitted
 
    32                                   PART II
 
    33                            Intentionally Omitted
 
    34                                   PART JJ
 
    35    Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
    36  of the laws of 1968 constituting the New York  state  urban  development
    37  corporation  act, as amended by section 1 of part Z of chapter 58 of the
    38  laws of 2022, is amended to read as follows:
    39    3. The provisions of this section shall  expire,  notwithstanding  any
    40  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    41  the laws of 1996 or of any other law, on July 1, [2023] 2024.
    42    § 2. This act shall take effect immediately.
 
    43                                   PART KK
 
    44                            Intentionally Omitted

        S. 4008--C                         22                         A. 3008--C
 
     1                                   PART LL
 
     2    Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
     3  amending  the public authorities law, relating to authorizing the dormi-
     4  tory  authority to enter into certain design and construction management
     5  agreements, as amended by section 1 of part II of chapter 58 of the laws
     6  of 2021, is amended to read as follows:
     7    § 2. This act shall take effect immediately and shall  expire  and  be
     8  deemed repealed April 1, [2023] 2025.
     9    §  2. The dormitory authority of the state of New York shall provide a
    10  report providing information regarding any project  undertaken  pursuant
    11  to a design and construction management agreement, as authorized by part
    12  BB of chapter 58 of the laws of 2012, between the dormitory authority of
    13  the  state  of New York and the department of environmental conservation
    14  and/or the office of parks, recreation and historic preservation to  the
    15  governor,  the  temporary  president  of  the  senate and speaker of the
    16  assembly. Such report shall include but not be limited to a  description
    17  of  each  such  project,  the project identification number of each such
    18  project, if applicable, the projected date of completion, the status  of
    19  the  project, the total cost or projected cost of each such project, and
    20  the location, including the names of any county, town, village or  city,
    21  where  each  such  project  is  located or proposed. In addition, such a
    22  report shall be provided to the aforementioned parties by the first  day
    23  of  March  of each year that the authority to enter into such agreements
    24  pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
    25    § 3. 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.
 
    27                                   PART MM
 
    28    Section 1.  Subdivision 4-a of section 2222 of the vehicle and traffic
    29  law,  as  amended by chapter 609 of the laws of 2005, is amended to read
    30  as follows:
    31    4-a. Additional fee.  In addition to the other fees  provided  for  in
    32  paragraphs  (a),  (b)  and  (c)  of subdivision four of this section the
    33  commissioner shall, upon application in such cases for the  registration
    34  of  a snowmobile or the renewal thereof, collect the annual [ninety] one
    35  hundred twenty-five dollar fee for residents and  [ninety]  one  hundred
    36  twenty-five  dollar fee for nonresidents [and] or a [thirty-five] fifty-
    37  five dollar fee for residents and [thirty-five]  fifty-five  dollar  fee
    38  for  nonresidents  who  provide proof, at the time of registration, that
    39  such individual is a member of an organized New  York  state  snowmobile
    40  club that is a member of the New York state snowmobile association or is
    41  a  member of an organized New York state snowmobile club that is a trail
    42  maintenance entity and a member of the New York state snowmobile associ-
    43  ation which are imposed by section 21.07 of the  parks,  recreation  and
    44  historic preservation law. In the event that an individual seeking snow-
    45  mobile  club  membership  is unable, for any reason, to secure such club
    46  membership, he or she may contact the New York state snowmobile  associ-
    47  ation,  who shall secure such membership for such person. This fee shall
    48  also be collected from dealers at the time of original registration  and
    49  at  the  time  of  each renewal. The commissioner shall effectuate regu-
    50  lations regarding what is required as proof of membership in  an  organ-
    51  ized  New  York state snowmobile club that is a trail maintenance entity
    52  and a member of the  New  York  state  snowmobile  association  for  the
    53  purposes of this subdivision.

        S. 4008--C                         23                         A. 3008--C
 
     1    §  2. Section 21.07 of the parks, recreation and historic preservation
     2  law, as amended by chapter 609 of the laws of 2005, is amended  to  read
     3  as follows:
     4    § 21.07 Fee for snowmobile trail development and maintenance. 1. A fee
     5  of  [ninety]  one hundred twenty-five dollars is hereby imposed upon the
     6  resident, and [ninety] one hundred twenty-five dollars upon the nonresi-
     7  dent, owner of a snowmobile for the  snowmobile  trail  development  and
     8  maintenance  fund  to be paid to the commissioner of motor vehicles upon
     9  the registration thereof in addition to the registration fee required by
    10  the vehicle and traffic law, the payment of  which  fee  hereby  imposed
    11  shall  be  a condition precedent to such individual resident, individual
    12  nonresident or dealer registration.
    13    2. Notwithstanding the fee as established in subdivision one  of  this
    14  section,  an individual resident or nonresident registering a snowmobile
    15  who provides proof at the time of registration, that such individual  is
    16  a member of an organized New York state snowmobile club that is a member
    17  of the New York state snowmobile association or is a member of an organ-
    18  ized  New  York state snowmobile club that is a trail maintenance entity
    19  and a member of the New York state  snowmobile  association,  shall  pay
    20  [thirty-five]  fifty-five dollars for each snowmobile for the snowmobile
    21  trail development and maintenance fund in addition to  the  registration
    22  required by the vehicle and traffic law. In the event that an individual
    23  seeking  snowmobile club membership is unable, for any reason, to secure
    24  such club membership, he or she may contact the New York  state  snowmo-
    25  bile association, who shall secure such membership for such person.
    26    §  3. This act shall take effect one year after it shall have become a
    27  law.
 
    28                                   PART NN
 
    29                            Intentionally Omitted

    30                                   PART OO
 
    31    Section 1. Subdivision 9 of section 103 of the general municipal  law,
    32  as amended by chapter 90 of the laws of 2017, subparagraph (ii) of para-
    33  graph  (a)  as amended by section 1 of part JJ of chapter 58 of the laws
    34  of 2020, is amended to read as follows:
    35    9. (a) Notwithstanding the foregoing provisions of this section to the
    36  contrary, a board of education, on behalf of its school district,  or  a
    37  board of cooperative educational services, may separately purchase eggs,
    38  livestock,  fish,  dairy  products  (excluding milk), juice, grains, and
    39  species of fresh fruit and vegetables  [directly  from  New  York  State
    40  producers  or growers, or associations of producers and growers], grown,
    41  produced or harvested, in New York State, provided that[:
    42    (a) (i) such association of producers or growers is comprised  of  ten
    43  or  fewer  owners  of  farms  who  also  operate such farms and who have
    44  combined to fill the order of a school district or board of  cooperative
    45  educational  services  as  herein  authorized,  provided however, that a
    46  school district or board of cooperative educational services  may  apply
    47  to  the  commissioner  of  education  for permission to purchase from an
    48  association of more than ten owners of such farms when no other  produc-
    49  ers  or  growers have offered to sell to such school or board of cooper-
    50  ative educational services; or

        S. 4008--C                         24                         A. 3008--C

     1    (ii) such association of producers or growers is comprised  of  owners
     2  of farms who also operate such farms and have combined to fill the order
     3  of  a  school district or board of cooperative educational services, and
     4  where] such order is for one hundred fifty thousand dollars or  less  as
     5  herein  authorized, provided however, that a school district or board of
     6  cooperative educational services may apply to the commissioner of educa-
     7  tion for permission to purchase orders of more than  one  hundred  fifty
     8  thousand  dollars  from  an  association of owners of such farms when no
     9  other producers or growers have offered to sell to such school[;
    10    (b) the amount that may be expended by a school district in any fiscal
    11  year for such purchases shall not exceed an amount equal to twenty cents
    12  multiplied by the total number of days in the school year multiplied  by
    13  the total enrollment of such school district;
    14    (b-1) the amount that may be expended by a board of cooperative educa-
    15  tional  services  in any fiscal year for such purchases shall not exceed
    16  an amount equal to twenty cents multiplied by the total number  of  days
    17  in  the  school  year  multiplied  by  the  number of students receiving
    18  services by such board of cooperative educational services at facilities
    19  operated by a board of cooperative educational services;
    20    (c) all].
    21    (b) All such purchases shall be administered pursuant  to  regulations
    22  promulgated by the commissioner of education. Such regulations shall: be
    23  developed  in  consultation  with  the  commissioner  of agriculture and
    24  markets to accommodate and promote the provisions of the  farm-to-school
    25  program established pursuant to subdivision five-b of section sixteen of
    26  the  agriculture  and  markets law and subdivision thirty-one of section
    27  three hundred five of the education law as added by chapter two  of  the
    28  laws  of  two thousand two; ensure that the prices paid by a district or
    29  board of cooperative educational services for any items so purchased  do
    30  not  exceed the prices of comparable local farm products that are avail-
    31  able to districts through their usual purchases of  such  items;  ensure
    32  that all producers and growers who desire to sell to school districts or
    33  boards  of  cooperative educational services can readily access informa-
    34  tion in accordance with the farm-to-school law; include  provisions  for
    35  situations  when more than one producer or grower seeks to sell the same
    36  product to a district or board of cooperative  educational  services  to
    37  ensure  that all such producers or growers have an equitable opportunity
    38  to do so in a manner similar to the usual purchasing practices  of  such
    39  districts or boards of cooperative educational services; [develop guide-
    40  lines  for approval of purchases of items from associations of more than
    41  ten growers and producers;] and,  to  the  maximum  extent  practicable,
    42  minimize  additional paperwork, recordkeeping and other similar require-
    43  ments on both growers and producers and school districts.
    44    § 2. Subdivision 10 of section 103 of the general  municipal  law,  as
    45  added by chapter 848 of the laws of 1983, is amended to read as follows:
    46    10.  Notwithstanding  the  foregoing provisions of this section to the
    47  contrary, a board of education may, on behalf of  its  school  district,
    48  separately  purchase  milk  produced  in  New  York State, directly from
    49  licensed milk processors [employing less than forty people] pursuant  to
    50  the provisions of this subdivision. The amount that may be expended by a
    51  school  district  in  any fiscal year pursuant to this section shall not
    52  exceed an amount equal to twenty-five  cents  multiplied  by  the  total
    53  number  of days in the school year multiplied by the total enrollment of
    54  such school district. All purchases made pursuant  to  this  subdivision
    55  shall be administered pursuant to regulations promulgated by the commis-
    56  sioner of education.  The regulations promulgated by the commissioner of

        S. 4008--C                         25                         A. 3008--C
 
     1  education  shall  ensure  that  the prices paid by a school district for
     2  items purchased pursuant to this subdivision do not  exceed  the  market
     3  value  of such items and that all licensed processors who desire to sell
     4  to  a  school  district pursuant to this subdivision have equal opportu-
     5  nities to do so.
     6    § 3. This act shall take effect immediately.
 
     7                                   PART PP
 
     8                            Intentionally Omitted
 
     9                                   PART QQ
 
    10                            Intentionally Omitted
 
    11                                   PART RR
 
    12    Section 1. The section heading of section 11-0935 of the environmental
    13  conservation law, as added by section 1 of part ZZ of chapter 55 of  the
    14  laws of 2021, is amended to read as follows:
    15    Deer hunting [pilot] program.
    16    §  2.  Section 2 of part ZZ of chapter 55 of the laws of 2021 amending
    17  the environmental conservation law relating to establishing a deer hunt-
    18  ing pilot program is amended to read as follows:
    19    § 2. This act shall take effect June 1, 2021 and shall expire  and  be
    20  deemed repealed December 31, [2023] 2025.
    21    §  3.  This  act shall take effect immediately; provided, however that
    22  the amendments to section 11-0935 of the environmental conservation  law
    23  made  by  section  one  of  this act shall not affect the repeal of such
    24  section and shall be deemed repealed therewith.
 
    25                                   PART SS
 
    26    Section 1.  Section 33-0705 of the environmental conservation law,  as
    27  amended  by  section 1 of item NN of subpart B of part XXX of chapter 58
    28  of the laws of 2020, is amended to read as follows:
    29  § 33-0705. Fee for registration.
    30    The applicant for registration shall pay a fee as follows:
    31    a. [On or before July 1, 2023,  six]  Six  hundred  dollars  for  each
    32  pesticide  proposed  to  be  registered, provided that the applicant has
    33  submitted to the department proof in the form of a  federal  income  tax
    34  return  for  the  previous  year showing gross annual sales, for federal
    35  income tax purposes, of three million five hundred thousand  dollars  or
    36  less; and
    37    b. [On or before July 1, 2023, for] For all others, six hundred twenty
    38  dollars for each pesticide proposed to be registered[;
    39    c. After July 1, 2023, fifty dollars for each pesticide proposed to be
    40  registered].
    41    §  2.  Section 9 of chapter 67 of the laws of 1992, amending the envi-
    42  ronmental conservation law relating to  pesticide  product  registration
    43  timetables  and fees, as amended by section 2 of item NN of subpart B of
    44  part XXX of chapter 58 of the laws  of  2020,  is  amended  to  read  as
    45  follows:

        S. 4008--C                         26                         A. 3008--C
 
     1    §  9. This act shall take effect April 1, 1992 provided, however, that
     2  section three of this act shall take effect  July  1,  1993  [and  shall
     3  expire and be deemed repealed on July 1, 2023].
     4    § 3.  This act shall take effect July 1, 2023.
 
     5                                   PART TT

     6    Section  1.  Short  title. This act shall be known and may be cited as
     7  the "Suffolk county water quality restoration act".
     8    § 2. Legislative intent. The county  of  Suffolk  ("county"),  with  a
     9  population  of  one million five hundred thousand persons, has in excess
    10  of three hundred eighty thousand  existing  onsite  wastewater  disposal
    11  systems,  comprised  mostly  of  cesspools  and septic systems, with two
    12  hundred nine thousand of these onsite systems in environmentally  sensi-
    13  tive  areas which could benefit from nitrogen-reducing technologies. The
    14  United States Environmental Protection Agency recognizes Long Island  as
    15  having  a  sole  source  aquifer  system  for its drinking water supply.
    16  Suffolk county has an imminent need  to  preserve  this  valuable  water
    17  resource  by reducing the amount of nitrogen discharged into the ground-
    18  water by onsite systems. The full water cycle is impacted by  increasing
    19  quantities of nutrients, pathogens, pesticides, volatile organic contam-
    20  inants  and saltwater intrusion, as well as a number of emerging threats
    21  such as prescription drugs and sea level rise.
    22    The Suffolk county subwatersheds wastewater plan ("SWP"), certified by
    23  the  department  of  environmental  conservation  as  a  Nine   Elements
    24  Watershed  (9E)  plan,  has  documented  the devastating effects of high
    25  levels of nitrogen pollution, not only on the  drinking  water  quality,
    26  but  also  on  coastal  ecosystems,  dissolved  oxygen,  water  clarity,
    27  eelgrass, wetlands, shellfish,  coastal  resilience  and  in  triggering
    28  harmful  algal  blooms.  The SWP is a long-term plan to address the need
    29  for wastewater treatment infrastructure throughout the county comprehen-
    30  sively over a period of fifty years. The SWP delineates the  source  and
    31  concentration  of  nitrogen  loading  in  one hundred ninety-one subwat-
    32  ersheds throughout the county, and establishes nitrogen reduction  goals
    33  for each watershed.
    34    For many areas of the county, installing or connecting sewers is not a
    35  practical  or  cost-effective  method  of  treating wastewater. For that
    36  reason, the SWP prescribes a hybrid approach  that  relies  on  sewering
    37  where feasible, and the replacement of cesspools and septic systems with
    38  innovative/alternative  onsite wastewater treatment systems. The consol-
    39  idation of any or all of the twenty-seven  county  sewer  districts,  as
    40  well  as  unsewered  areas  of the county, into a county-wide wastewater
    41  management district, the establishment of a  water  quality  restoration
    42  fund,  and  a county board of trustees to monitor progress and the allo-
    43  cation of resources consistent with the goals of the SWP would allow for
    44  the implementation of a  much  needed  integrated  long-term  wastewater
    45  solution for the county through comprehensive planning and management to
    46  improve water quality.
    47    The  purpose of this act is to create a water quality restoration fund
    48  to finance projects for the protection, preservation, and rehabilitation
    49  of groundwater and surface waters as recommended by the  SWP.  This  act
    50  would allow the funding of projects that will mitigate wastewater pollu-
    51  tants  utilizing  the best available technology consistent with the SWP.
    52  The water quality restoration fund would be financed  with  a  dedicated
    53  and recurring revenue source by the enactment of an additional sales and

        S. 4008--C                         27                         A. 3008--C

     1  compensating  use  tax  at  the  rate of one-eighth of one percent until
     2  2060.  Such tax would be enacted pursuant to a mandatory referendum.
     3    This  act  shall  also  provide  Suffolk  county with the authority to
     4  create a county-wide wastewater management district through the  consol-
     5  idation  of  existing  county  sewer  districts with currently unsewered
     6  areas of the county. A county-wide wastewater management  district  will
     7  provide  an  integrated  and  efficient  approach to managing wastewater
     8  services across the county; allow the county to enhance and  expand  its
     9  incentive  program to property owners to upgrade their wastewater treat-
    10  ment systems; to manage, monitor and enforce nitrogen reduction programs
    11  throughout the county; complete  additional  sewer  extension  projects;
    12  improve  the  economic wellbeing of communities; and provide an opportu-
    13  nity to consolidate and streamline the county's existing sewer  district
    14  system  and  normalize  the  inequitable  rate  structure  that has long
    15  existed.
    16    In addition, this act will extend  the  existing  one-quarter  of  one
    17  percent  sales  tax  utilized  to  finance  the  county  drinking  water
    18  protection program until 2060.
    19    § 3. The county law is amended by adding a new section 256-b  to  read
    20  as follows:
    21    §  256-b.  Suffolk  county  wastewater  management  district.  1.  (a)
    22  Notwithstanding the provisions of any general, special or local  law  to
    23  the  contrary, including this article, the county legislature of Suffolk
    24  county is hereby authorized to establish by resolution a Suffolk  county
    25  wastewater  management district, hereinafter referred to in this section
    26  as the "district", which shall include all powers of  a  sewer  district
    27  and  a  wastewater  disposal district as provided in section two hundred
    28  fifty of this article and as set forth in this subdivision, pursuant  to
    29  the procedure contained in this section.
    30    (b) In addition to the powers provided in section two hundred fifty of
    31  this  article,  the  district shall have the power, as determined by the
    32  county legislature, to: (i) consolidate all of the original county sewer
    33  districts within the county as well as unsewered areas  of  the  county,
    34  under the jurisdiction of the district; (ii) establish one or more zones
    35  of  assessment  within  the  district,  coterminous with the territorial
    36  boundaries of the existing county sewer districts, consolidated pursuant
    37  to this section, the method  of  wastewater  collection,  treatment  and
    38  disposal,  existing or proposed, or both, and make changes to such zones
    39  of assessments; (iii) acquire interests in real property  which  may  be
    40  completed by the transfer of property of original county sewer districts
    41  to  the  district,  necessary  for  the  installation and maintenance of
    42  district facilities; (iv) prioritize  district  projects  in  accordance
    43  with  the  Suffolk  county subwatershed wastewater plan (SWP) adopted by
    44  the county legislature, and any amendments thereto;  (v)  receive  funds
    45  from  the  Suffolk county water quality restoration fund, as established
    46  by section one thousand two hundred ten-F of the tax law, and distribute
    47  grant proceeds within the district in accordance with the  goals  estab-
    48  lished  in  the Suffolk county subwatershed wastewater plan; (vi) assume
    49  and pay  any  remaining  indebtedness  of  each  original  county  sewer
    50  district;  (vii)  within  the zones of assessment, establish and provide
    51  for the collection of charges, rates, taxes or  assessments  to  provide
    52  for  the  costs  of  operation, expenses, the sums sufficient to pay the
    53  annual installment of principal of, and  interest  on,  obligations  for
    54  improvements  of  the  district,  maintenance  and  improvements  of the
    55  district, including but  not  limited  to:  (A)  special  assessment  as
    56  defined  in  subdivision  fifteen of section one hundred two of the real

        S. 4008--C                         28                         A. 3008--C
 
     1  property tax law; (B) special ad valorem levy as defined in  subdivision
     2  fourteen  of  section  one hundred two of the real property tax law; (C)
     3  sewer rent as provided under article fourteen-F of the general municipal
     4  law;  (viii) distribute grant proceeds within the district in accordance
     5  with the goals established in the SWP; and (ix) adopt, amend and repeal,
     6  from time to time, rules and regulations for the operation of  a  county
     7  district.    Nothing  in  this  section shall be construed to permit the
     8  collection of charges, rates, taxes, or assessments authorized  by  this
     9  section outside of the established zones of assessment within the unsew-
    10  ered portions of the district or within town or village sewer districts.
    11    2.  Boundaries.  The  boundaries  of the district upon formation shall
    12  include the boundaries of all county sewer districts  consolidated  into
    13  the  district and all unsewered areas of the county.  Until such time as
    14  a town or village sewer district is consolidated into  the  district  as
    15  set  forth  in  subdivision  ten  of this section, the boundaries of the
    16  district shall not include territorial boundaries  of  town  or  village
    17  sewer districts located wholly or in part in the county of Suffolk.
    18    3.  County agency review and report. The county legislature may direct
    19  the county agency, appointed or  established  pursuant  to  section  two
    20  hundred  fifty-one  of this article, to, or the county agency on its own
    21  motion may, review and report thereon to the county legislature  on  the
    22  creation of the district and the merger therewith of any or all existing
    23  county  sewer  districts  in accordance with this section and such other
    24  details as may be directed by the  county  legislature  consistent  with
    25  this  article. When the agency has caused such report to be prepared, it
    26  shall transmit it to the county legislature. Upon receipt of the report,
    27  the county legislature shall call a public hearing pursuant to  subdivi-
    28  sion  five of this section to create a Suffolk county wastewater manage-
    29  ment district in accordance with this section.   Such  report  shall  be
    30  filed in the office of the clerk of the legislature of Suffolk county.
    31    4.  Resolution.  The  county legislature of Suffolk county may adopt a
    32  resolution calling a public hearing upon the proposed  creation  of  the
    33  district.
    34    5.  Notice.  The  clerk of the county legislature shall give notice of
    35  the hearing described in subdivision four of this section in such  news-
    36  papers  and  within such time period as set forth in section two hundred
    37  fifty-four of this article.  Such notice shall specify  the  time,  date
    38  and  location  of  such  hearing  and,  in  general  terms, describe the
    39  proposed establishment of the district and the  proposed  basis  of  the
    40  future  assessment  of  all costs of operation, maintenance and improve-
    41  ments of the district.
    42    6. Hearing and resolution to establish. The county  legislature  shall
    43  meet  at  the  time, date and location specified in such notice and hear
    44  all persons interested in the  subject  matter  thereof  concerning  the
    45  same.  If  the  county  legislature  determines that it is in the public
    46  interest to establish the district as specified in such notice, it shall
    47  further determine by resolution: (i) whether all property  and  property
    48  owners  within  the  proposed  district  are benefited thereby; and (ii)
    49  whether all of the property and property owners benefited  are  included
    50  within  the  limits of the proposed district, the county legislature may
    51  adopt a resolution, subject to a permissive referendum, establishing the
    52  district.
    53    7. Notice of adoption of  resolution.    Within  ten  days  after  the
    54  adoption  by  the  county legislature of the resolution to establish the
    55  district described in subdivision six of this section, the county legis-
    56  lature shall give notice thereof, at the expense of the county,  by  the

        S. 4008--C                         29                         A. 3008--C
 
     1  publication  of  a notice in such newspapers and within such time period
     2  as set forth in section one hundred one of  this  chapter.  Such  notice
     3  shall  set  forth  the date of adoption of the resolution and contain an
     4  abstract of such resolution, describing, in general terms, the district,
     5  the  basis  for the future assessment of all costs of operation, mainte-
     6  nance and improvements, and that such resolution was adopted subject  to
     7  a permissive referendum.
     8    8.  Assessments,  levies  and  charges. After the establishment of the
     9  district in accordance with this section, the county is  hereby  author-
    10  ized  by resolution approved by majority vote of the total membership of
    11  the county legislature to assess, levy and  collect  upon  each  lot  or
    12  parcel  of  land  within  the  zones  of  assessment established by this
    13  section:  (a) special assessments as that term is defined in subdivision
    14  fifteen of section one hundred two of the real  property  tax  law;  (b)
    15  special  ad valorem levy as that term is defined in subdivision fourteen
    16  of section one hundred two of the real property tax law; and  (c)  sewer
    17  rents  as  provided  by article fourteen-F of the general municipal law.
    18  Such costs and expenses may include, but shall not be  limited  to,  the
    19  amount  of  money  required  to  pay the annual expenses of maintenance,
    20  operation, personnel services of the district and the sums sufficient to
    21  pay the annual installment of principal of, and interest on, obligations
    22  for improvements of  the  district.    Such  sums  so  levied  shall  be
    23  collected  by the local tax collectors or receivers of taxes and assess-
    24  ments and shall be paid over to the chief fiscal officer of the  county,
    25  in  the  same  manner  and  at the same time as taxes levied for general
    26  county purposes. The chief fiscal officer shall keep a separate  account
    27  of  such  moneys  and  they shall be used only for purposes set forth in
    28  this section, and in addition, all monies collected from  each  zone  of
    29  assessment  established or amended in accordance with this section shall
    30  be further segregated and shall not be commingled with monies  of  other
    31  zones  of  assessment  except  upon approval by resolution of the county
    32  legislature upon recommendation of the board of trustees established  in
    33  accordance with the Suffolk county water quality restoration act.  Noth-
    34  ing  in  this  section  shall  be  construed to permit the collection of
    35  charges, rates, taxes, or assessments authorized by this section outside
    36  of the established zones of assessment within the unsewered portions  of
    37  the district or within town or village sewer districts.
    38    8-a.  Recording  determination.  The  clerk  of the county legislature
    39  shall within ten days after the effective date of the resolution  creat-
    40  ing  the district cause a certified copy to be recorded in the office of
    41  the clerk of the county  and  when  so  recorded  such  order  shall  be
    42  presumptive  evidence  of  the  regularity  of  the  proceedings for the
    43  creation of the district and of all other action  taken  by  the  county
    44  legislature  pursuant  to  this  section. A certified copy shall also be
    45  filed in the office of the state department  of  audit  and  control  in
    46  Albany, New York.
    47    9.  Other  laws.  All  provisions of the real property tax law and the
    48  Suffolk county tax act, as the same may be amended from  time  to  time,
    49  not  inconsistent  with  the provisions of this article, relating to the
    50  assessing, levy and collection and enforcement of  special  assessments,
    51  ad  valorem  levies  and sewer rents in the county shall apply and be of
    52  equal force and applicability to special assessments, ad valorem  levies
    53  and  sewer  rents  authorized pursuant to this section.  Nothing in this
    54  section shall be construed to permit the collection of  charges,  rates,
    55  taxes,  or  assessments authorized by this section outside of the estab-

        S. 4008--C                         30                         A. 3008--C
 
     1  lished zones of assessment within the unsewered portions of the district
     2  or within town or village sewer districts.
     3    10. Towns and villages. This section shall not be construed as merging
     4  the  sewer  districts of towns and villages within the county of Suffolk
     5  into the district created by this section, provided, however,  that  the
     6  merger  of  any  town  or  village  sewer  district, or village sewerage
     7  system, with the district shall be upon petition of a town  or  village,
     8  in  accordance  with  section two hundred seventy-seven of this article,
     9  and, upon the adoption of an order as set forth  therein,  the  town  or
    10  village  sewer district, or village sewerage system, if so determined by
    11  the county legislature of Suffolk, shall be merged into and consolidated
    12  with the district, and the boundaries of the district  shall  be  deemed
    13  extended.
    14    11.  Water quality restoration fund. (a) Notwithstanding any provision
    15  of law to the contrary, the county of  Suffolk  shall  deposit  the  net
    16  collections  from  the  sales  and  compensating  use  tax authorized by
    17  section one thousand two hundred ten-F of the tax law into  the  Suffolk
    18  county  water  quality restoration fund established in accordance there-
    19  with, and shall utilize all monies transferred from the fund  consistent
    20  with this section.  Nothing contained in this section shall be construed
    21  to  prevent  the  financing  in  whole or in part, pursuant to the local
    22  finance law, of any project authorized pursuant to this section.  Monies
    23  from  the  fund may be utilized to repay any indebtedness or obligations
    24  incurred pursuant to the local finance law consistent with  effectuating
    25  the  purposes of this section.  Where Suffolk county finances a project,
    26  in whole, or in part, pursuant to the local finance law, the  resolution
    27  authorizing  such indebtedness shall be accompanied by a report from the
    28  county executive demonstrating how said indebtedness will be  repaid  by
    29  the fund. Said report shall include an estimate of projected revenues of
    30  the  fund  during  the  period  of  indebtedness.  The report shall also
    31  provide an accounting of all other  indebtedness  incurred  against  the
    32  fund  to  be  repaid  for the same period.  The county legislature shall
    33  make findings by resolution that there will  be  sufficient  revenue  to
    34  repay such indebtedness in its entirety from the fund before authorizing
    35  such  indebtedness.  Monies  in  said  fund  may be appropriated from or
    36  expended in any fiscal year to implement the powers set  forth  in  this
    37  section  and  to repay any indebtedness or obligations incurred pursuant
    38  to the local finance law for the purposes authorized  pursuant  to  this
    39  section.
    40    (b) (i) Water quality improvement projects shall be eligible for fund-
    41  ing  pursuant  to  this  section.   For purposes of this section, "water
    42  quality  improvement  projects"  shall  mean   the   planning,   design,
    43  construction,  acquisition,  enlargement,  extension, or alteration of a
    44  county, town or village wastewater treatment facility,  including  indi-
    45  vidual hookups, or an individual septic system, including an alternative
    46  wastewater treatment facility or an individual septic system with active
    47  treatment, to treat, neutralize, stabilize, eliminate or partially elim-
    48  inate  sewage  or reduce pollutants, including permanent or pilot demon-
    49  stration wastewater treatment  projects,  or  equipment  or  furnishings
    50  thereof.   In the case of individual septic system projects, the funding
    51  of the operation and maintenance of such projects shall be  included  in
    52  the  definition  of "water quality improvement projects".  Such projects
    53  shall have as their purpose the remediation of existing water quality to
    54  meet specific water quality standards consistent with the SWP.  Projects
    55  consistent  with or listed in the SWP that are part of a plan adopted by
    56  a local government resulting in a net nitrogen reduction shall be eligi-

        S. 4008--C                         31                         A. 3008--C
 
     1  ble for consideration by the board of trustees, established  in  accord-
     2  ance with subparagraph (i) of paragraph (c) of this subdivision.
     3    (ii)  Of  the  annual  collections  of the fund, administration of the
     4  county wastewater management district shall not exceed ten percent.  Not
     5  less  than  seventy-five  percent  of  the  remaining annual funds after
     6  administration shall be used toward funding  individual  septic  systems
     7  projects.  In  addition  to  water  quality  improvement projects, other
     8  eligible expenditures from the fund shall include the preparation of  an
     9  annual SWP implementation action plan to protect, preserve, and rehabil-
    10  itate groundwater, surface water, and drinking water.
    11    (iii)  Other  than  for  the  payment  of  indebtedness or obligations
    12  incurred as set forth in paragraph (a) of this subdivision,  and  except
    13  for the preparation of the SWP implementation plan itself, no monies may
    14  be  expended  until  the  SWP  implementation plan has been prepared and
    15  approved as provided for in this section.
    16    (c) (i) Within the local law, ordinance or resolution establishing the
    17  Suffolk county water quality restoration fund, pursuant to  section  one
    18  thousand  two hundred ten-F of the tax law, the county shall establish a
    19  board of trustees of twenty-one members to prepare, review  and  approve
    20  the  SWP  implementation plan for submission to the county executive and
    21  county legislature and shall specify the powers and duties of the  board
    22  of  trustees, including the procedures for appointment of a chairperson.
    23  Such approval shall be in addition to all other  approvals  required  by
    24  law.  The  board of trustees shall consist of: (A) a representative from
    25  the department of environmental conservation; (B) a representative  from
    26  the East End supervisors and mayors association; (C) a representative of
    27  the  Suffolk  town  supervisors association; (D) a representative of the
    28  Suffolk County Village Officials Association; (E) a town  representative
    29  from the State Central Pine Barrens Joint Planning and Policy Commission
    30  to  be designated by the commission; (F) a municipal representative from
    31  the Peconic Estuary Partnership; (G) a municipal representative from the
    32  State South Shore Estuary Reserve; (H) a municipal  representative  from
    33  the  Long  Island Sound Estuary; (I) a representative of the Long Island
    34  Federation of Labor; (J) a representative of Building  and  Construction
    35  Trades Council of Nassau & Suffolk counties; (K) a representative from a
    36  regional environmental organization; (L) the chair of the Suffolk county
    37  planning  commission;  (M)  the  county  executive  or designee; (N) the
    38  presiding officer of the county legislature or designee; (O) the minori-
    39  ty leader of the county legislature or designee; (P) the county  depart-
    40  ment of public works commissioner or designee; (Q) the county department
    41  of health services commissioner or designee; (R) a representative from a
    42  regional  economic  development  organization; (S) a representative from
    43  the liquid waste industry; (T) a representative from the Suffolk  County
    44  Alliance  of  Chambers,  Inc.;  and  (U)  a representative from the Long
    45  Island Contractors Association.
    46    (ii) The powers and duties of the board of trustees shall oversee  the
    47  annual  audit  pursuant  to  paragraph  (e)  of this subdivision, making
    48  prudent recommendations for  resource  allocations  for  county-approved
    49  alternative  wastewater  treatment  technologies not contemplated in the
    50  Suffolk county subwatersheds  wastewater  plan  and  long-term  progress
    51  monitoring  of  the  implementation  of the Suffolk county subwatersheds
    52  wastewater plan regarding achievements of nitrogen load  reductions  and
    53  ecological endpoints.
    54    (d)  Annual  SWP  implementation  plan.  The  board  of trustees shall
    55  prepare, review and approve and submit to the county executive  the  SWP
    56  implementation  plan  within  one  year  of  the  effective date of this

        S. 4008--C                         32                         A. 3008--C
 
     1  section, and in every five years thereafter in a like manner. The  board
     2  of  trustees  shall  conduct  a  public  hearing on said plan before its
     3  adoption or subsequent amendment. Said plan shall list every water qual-
     4  ity  restoration project which the county plans to undertake pursuant to
     5  the fund and shall state how such project would improve  existing  water
     6  quality.  Funds  may  only  be  expended  pursuant to this   section for
     7  projects which have been included in  said  plan.  Said  plan  shall  be
     8  consistent  with  state,  federal, county, and local government land use
     9  and wastewater management plans. After submission and  approval  by  the
    10  county  executive,  such  plan shall be submitted to the county legisla-
    11  ture.  Upon review, the county legislature  shall  determine,  by  local
    12  law,  whether  to  approve the proposed plan, if the plan is denied, the
    13  plan shall be remanded to the board of trustees for further study.  Such
    14  plan shall not become effective until approved by  local  law.  Projects
    15  may  be added or removed from the currently effective SWP implementation
    16  plan in a like manner.
    17    (e) Annual audit. The county shall annually commission an  independent
    18  audit of the fund. The audit shall be conducted by an independent certi-
    19  fied  public  accountant or an independent public accountant. Said audit
    20  shall be performed by a certified public accountant  or  an  independent
    21  public  accountant other than the one that performs the general audit of
    22  the county's finances. Such audit shall be an examination  of  the  fund
    23  and  shall  determine  whether the fund has been administered consistent
    24  with the provisions of this section and all other applicable  provisions
    25  of  state  law.  Said  audit shall be initiated within sixty days of the
    26  close of the fiscal year of the county and shall be completed within one
    27  hundred twenty days of the close of the fiscal year.    A  copy  of  the
    28  audit shall be submitted annually to the state comptroller and the coun-
    29  ty  comptroller.  A  copy  of  the  audit shall be made available to the
    30  public within thirty days of its completion. A notice of the  completion
    31  of  the audit shall be published in the official newspaper of the county
    32  and shall also be posted on the internet website  for  the  county.  The
    33  cost of the audit may be a charge to the fund.
    34    (f)  Annual  report.  In addition to any other report required by this
    35  section, the board of trustees, through its chairperson,  shall  deliver
    36  annually  a  report to   the   county legislature.  Such report shall be
    37  presented by May fifteenth of each year. The report  shall  describe  in
    38  detail the projects undertaken, the monies expended, and the administra-
    39  tive  activities  of  the water quality fund and district established in
    40  accordance with this section, during the prior year. At  the  conclusion
    41  of  the  report,  the  chairperson  of  the  board  of trustees shall be
    42  prepared to answer the questions of the county legislature with  respect
    43  to  the projects undertaken, the monies expended, and the administrative
    44  activities during the past year.
    45    § 4.  Paragraph a of section 11.00 of the local finance law is amended
    46  by adding a new subdivision 110 to read as follows:
    47    110. Septic systems. The acquisition, construction, or  reconstruction
    48  of  or  addition to septic systems funded by programs established by the
    49  county of Suffolk, twenty-five years.
    50    § 4-a. Subdivisions (a) and (d) of section 1210-A of the tax  law,  as
    51  amended  by  chapter  683  of  the  laws of 2007, are amended to read as
    52  follows:
    53    (a) In addition to the taxes imposed by section twelve hundred ten  or
    54  any  other  provision  of  this article, the county of Suffolk is hereby
    55  authorized and empowered to adopt and amend a local  law,  ordinance  or
    56  resolution  imposing  within  the  territorial  limits of said county an

        S. 4008--C                         33                         A. 3008--C
 
     1  additional sales and compensating use tax at the rate of one-quarter  of
     2  one  percent  for  the period beginning December first, nineteen hundred
     3  eighty-four and ending November thirtieth, two thousand [thirty]  sixty,
     4  which  tax shall be identical to the tax imposed by said county pursuant
     5  to section twelve hundred ten of this  article.  Except  as  hereinafter
     6  provided,  all  provisions of this article, including the definition and
     7  exemption provisions and the provisions relating to the  administration,
     8  collection  and  distribution  by  the  commissioner,  shall  apply  for
     9  purposes of the tax imposed by this section in the same manner and  with
    10  the  same  force  and effect as if the language of this article had been
    11  incorporated in full in this section and had expressly referred  to  the
    12  tax  imposed  by  this  section;  provided,  however, that any provision
    13  relating to a maximum rate shall be calculated without reference to  the
    14  additional  sales  and  compensating  use  tax  herein  authorized.  For
    15  purposes of part IV of this article,  relating  to  the  disposition  of
    16  revenues  resulting from taxes collected and administered by the commis-
    17  sioner, the additional sales and compensating use  tax  herein  provided
    18  shall  be  deemed  to  be  imposed under the authority of section twelve
    19  hundred ten of this article and all provisions relating to the  deposit,
    20  administration and disposition of taxes, penalties and interest relating
    21  to  a  tax  imposed  by  a  county under the authority of section twelve
    22  hundred ten of this article  shall,  except  as  otherwise  specifically
    23  provided in this section, apply to the additional sales and compensating
    24  use tax imposed pursuant to this section.
    25    (d) Notwithstanding any other provision of this article to the contra-
    26  ry, the net collections from the tax imposed pursuant to subdivision (a)
    27  of  this  section  for  the  period  beginning  December first, nineteen
    28  hundred eighty-eight and ending November thirtieth, two thousand  [thir-
    29  ty]  sixty shall, upon payment to the county of Suffolk, be deposited in
    30  a special fund, to be designated as a drinking water protection  reserve
    31  fund,  to be created by said county therefor separate and apart from any
    32  other funds and accounts of the county. Moneys in  such  fund  shall  be
    33  deposited  in one or more of the banks or trust companies designated, in
    34  the manner provided by law, as a depository of the funds of such county.
    35  Pending expenditure from such fund, moneys therein may  be  invested  in
    36  the  manner provided in section eleven of the general municipal law. Any
    37  interest earned or capital gain realized on the moneys so  deposited  or
    38  invested  shall  accrue  to and become part of such fund. Moneys in said
    39  fund may be appropriated from and transferred  to  or  expended  in  any
    40  fiscal  year only for the purposes of making payments pursuant to subdi-
    41  visions (b) and (c) of this section for the  period  beginning  December
    42  first,  nineteen hundred eighty-eight, to the extent that moneys in said
    43  fund are remaining, and if authorized by local law,  for  the  following
    44  purposes:
    45    (i) for the purposes of specific environmental protection (acquisition
    46  of:  farmland  development rights; open space, wetlands, woodlands, pine
    47  barrens and other lands for passive recreational uses; lands for  hamlet
    48  greens,  hamlet  parks, pocket parks, historic parks, cultural parks and
    49  other lands for active/parkland recreational uses; lands  necessary  for
    50  maintaining and protecting the quality of surface water, groundwater and
    51  coastal resources);
    52    (ii)  for  a  water  quality  protection  and  restoration  program or
    53  programs and land stewardship initiatives;
    54    (iii) for the purposes of county-wide property tax protection; and
    55    (iv) for the purpose of sewer taxpayer protection.

        S. 4008--C                         34                         A. 3008--C
 
     1    Notwithstanding any  special  or  local  law,  resolution  or  charter
     2  provision  to  the  contrary,  moneys  in  said fund which have not been
     3  appropriated from and transferred to or expended in any fiscal year  for
     4  the  purposes of making payments pursuant to subdivisions (b) and (c) of
     5  this  section,  may  alternatively  be  appropriated for the purposes of
     6  paying debt service on any new indebtedness incurred after the effective
     7  date of the chapter of the laws of two thousand one  that  enacted  this
     8  paragraph  pursuant  to the local finance law in order to effectuate the
     9  purposes described in paragraph (i) or (ii) of this subdivision. For the
    10  purpose of allocating moneys in said fund pursuant to  local  law  among
    11  the  purposes  described in paragraphs (i), (ii), (iii) and (iv) of this
    12  subdivision, moneys applied to the payment of  debt  service  under  the
    13  authority of the previous sentence shall be considered by said county to
    14  have  been  expended  for  the  purposes for which such indebtedness was
    15  incurred.
    16    § 4-b. The tax law is amended by adding a new section 1210-F  to  read
    17  as follows:
    18    §  1210-F.  Sales and compensating use tax for purposes of the Suffolk
    19  county water quality restoration fund. (a)  In  addition  to  the  taxes
    20  imposed  by section twelve hundred ten, section twelve hundred ten-A, or
    21  any other provision of this article, the county  of  Suffolk  is  hereby
    22  authorized  and  empowered  to adopt and amend a local law, ordinance or
    23  resolution, subject to a mandatory referendum, in  accordance  with  the
    24  provisions  set forth in section twenty-three of the municipal home rule
    25  law, imposing within the territorial limits of said county an additional
    26  sales and compensating use tax at the rate of one-eighth of one  percent
    27  for  the  period  beginning  March  first,  two thousand twenty-four and
    28  ending February twenty-ninth, two thousand sixty,  which  tax  shall  be
    29  identical  to  the tax imposed by said county pursuant to section twelve
    30  hundred ten of this article. Provided, however,  that  such  local  law,
    31  ordinance  or  resolution  shall  not  take  effect  unless  such county
    32  complies with the provisions of subdivisions  (d)  and  (e)  of  section
    33  twelve  hundred  ten  of this subpart and provides notice to the commis-
    34  sioner in accordance with the provisions  of  subdivision  (d)  of  such
    35  section  of  the  approval of such resolution by the electors. Except as
    36  hereinafter provided, all provisions  of  this  article,  including  the
    37  definition  and  exemption provisions and the provisions relating to the
    38  administration, collection and distribution by the  commissioner,  shall
    39  apply for purposes of the tax imposed by this section in the same manner
    40  and  with  the  same force and effect as if the language of this article
    41  had been incorporated in full in this section and had expressly referred
    42  to the  tax  imposed  by  this  section;  provided,  however,  that  any
    43  provision  relating to a maximum rate shall be calculated without refer-
    44  ence to the additional sales and compensating use tax herein authorized.
    45  For purposes of part IV of this article, relating to the disposition  of
    46  revenues  resulting from taxes collected and administered by the commis-
    47  sioner, the additional sales and compensating use  tax  herein  provided
    48  shall  be  deemed  to  be  imposed under the authority of section twelve
    49  hundred ten of this article and all provisions relating to the  deposit,
    50  administration and disposition of taxes, penalties and interest relating
    51  to  a  tax  imposed  by  a  county under the authority of section twelve
    52  hundred ten of this article  shall,  except  as  otherwise  specifically
    53  provided in this section, apply to the additional sales and compensating
    54  use tax imposed pursuant to this section.
    55    (b) Notwithstanding any other provision of this article to the contra-
    56  ry, the net collections from the tax imposed pursuant to subdivision (a)

        S. 4008--C                         35                         A. 3008--C
 
     1  of this section for the period beginning March first, two thousand twen-
     2  ty-four and ending February twenty-ninth, two thousand sixty shall, upon
     3  payment  to the county of Suffolk, be deposited in a special fund, to be
     4  designated  as  the water quality restoration fund to be created by said
     5  county therefor separate and apart from any other funds and accounts  of
     6  the  county.  Moneys  in such fund shall be deposited and secured in the
     7  manner provided by section ten of the general municipal law  and  in  no
     8  event  shall  moneys  deposited  be transferred to any other account. In
     9  addition to the net collections from the tax, deposits into the fund may
    10  include revenues of Suffolk county from whatever source and may  include
    11  the  acceptance  of  gifts.  Pending  expenditure from such fund, moneys
    12  therein may be invested in the manner provided in section eleven of  the
    13  general  municipal  law. Any interest earned or capital gain realized on
    14  the moneys so deposited or invested shall accrue to and become  part  of
    15  such  fund. Moneys in said fund may be appropriated from and transferred
    16  to or expended in any fiscal year only for the  purposes  authorized  by
    17  subdivision eleven of section two hundred fifty-six-b of the county law.
    18    § 5.  This act shall take effect immediately.
 
    19                                   PART UU

    20    Section  1. Paragraph (a) of section 11.00 of the local finance law is
    21  amended by adding a new subdivision 109 to read as follows:
    22    109. Lead service line replacement programs established by  a  munici-
    23  pality,  school  district  or  district  corporation, including, but not
    24  limited to programs that inventory, design and  replace  publicly  owned
    25  and  privately  owned  lead  service  lines  within an established water
    26  system, thirty years. As used in this subdivision, "lead  service  line"
    27  means  a service line made in whole or in part of lead, which connects a
    28  water main to a building inlet. A lead service line may be owned by  the
    29  water  system,  a property owner, or both. A lead gooseneck, pigtail, or
    30  connector shall be eligible for replacement regardless  of  the  service
    31  line  material  to  which  a  lead  gooseneck,  pigtail, or connector is
    32  attached. Gooseneck, pigtail, or connector  means  a  short  section  of
    33  piping, typically not exceeding two feet, which can be bent and used for
    34  connections  between  rigid  service  piping. A galvanized iron or steel
    35  service line is considered a lead service line if  it  ever  was  or  is
    36  currently downstream of any lead service line or service line of unknown
    37  material.
    38    § 2. This act shall take effect immediately.
 
    39                                   PART VV
 
    40    Section  1.  Expenditures  of  moneys appropriated in a chapter of the
    41  laws of 2023 to the department  of  agriculture  and  markets  from  the
    42  special  revenue  funds-other/state  operations,  miscellaneous  special
    43  revenue fund-339,  public  service  account  shall  be  subject  to  the
    44  provisions  of  this section. Notwithstanding any other provision of law
    45  to the contrary, direct and indirect expenses relating to the department
    46  of  agriculture  and  markets'  participation  in   general   ratemaking
    47  proceedings  pursuant to section 65 of the public service law or certif-
    48  ication proceedings pursuant to article 7 or 10 of  the  public  service
    49  law, shall be deemed expenses of the department of public service within
    50  the  meaning  of  section  18-a of the public service law. No later than
    51  August 15, 2024, the commissioner of the department of  agriculture  and
    52  markets  shall submit an accounting of such expenses, including, but not

        S. 4008--C                         36                         A. 3008--C
 
     1  limited to, expenses in the 2023-2024 state fiscal year for personal and
     2  non-personal services and fringe benefits, to the chair  of  the  public
     3  service  commission for the chair's review pursuant to the provisions of
     4  section 18-a of the public service law.
     5    §  2.  Expenditures of moneys appropriated in a chapter of the laws of
     6  2023 to  the  department  of  state  from  the  special  revenue  funds-
     7  other/state  operations,  miscellaneous special revenue fund-339, public
     8  service account shall be subject to  the  provisions  of  this  section.
     9  Notwithstanding  any  other provision of law to the contrary, direct and
    10  indirect expenses relating  to  the  activities  of  the  department  of
    11  state's  utility  intervention unit pursuant to subdivision 4 of section
    12  94-a of the executive law, including, but not limited  to  participation
    13  in  general  ratemaking proceedings pursuant to section 65 of the public
    14  service law or certification proceedings pursuant to article 7 or 10  of
    15  the  public  service  law, and expenses related to the activities of the
    16  major renewable energy development program established by  section  94-c
    17  of  the  executive  law,  shall  be deemed expenses of the department of
    18  public service within the meaning of section 18-a of the public  service
    19  law.  No later than August 15, 2024, the secretary of state shall submit
    20  an  accounting of such expenses, including, but not limited to, expenses
    21  in the  2023-2024  state  fiscal  year  for  personal  and  non-personal
    22  services and fringe benefits, to the chair of the public service commis-
    23  sion  for  the chair's review pursuant to the provisions of section 18-a
    24  of the public service law.
    25    § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
    26  2023  to  the office of parks, recreation and historic preservation from
    27  the special revenue funds-other/state operations, miscellaneous  special
    28  revenue  fund-339,  public  service  account  shall  be  subject  to the
    29  provisions of this section. Notwithstanding any other provision  of  law
    30  to  the contrary, direct and indirect expenses relating to the office of
    31  parks, recreation and historic preservation's participation  in  general
    32  ratemaking  proceedings pursuant to section 65 of the public service law
    33  or certification proceedings pursuant to article 7 or 10 of  the  public
    34  service  law,  shall  be  deemed  expenses  of  the department of public
    35  service within the meaning of section 18-a of the public service law. No
    36  later than August 15, 2024, the commissioner of  the  office  of  parks,
    37  recreation  and historic preservation shall submit an accounting of such
    38  expenses, including, but not limited to, expenses in the 2023-2024 state
    39  fiscal year for personal and non-personal services and fringe  benefits,
    40  to  the  chair  of  the public service commission for the chair's review
    41  pursuant to the provisions of section 18-a of the public service law.
    42    § 4. Expenditures of moneys appropriated in a chapter of the  laws  of
    43  2023  to  the  department of environmental conservation from the special
    44  revenue funds-other/state operations, environmental conservation special
    45  revenue fund-301, utility  environmental  regulation  account  shall  be
    46  subject  to  the  provisions  of this section. Notwithstanding any other
    47  provision of law to the contrary, direct and indirect expenses  relating
    48  to the department of environmental conservation's participation in state
    49  energy  policy  proceedings,  or  certification  proceedings pursuant to
    50  article 7 or 10 of the public service law, shall be deemed  expenses  of
    51  the  department  of public service within the meaning of section 18-a of
    52  the public service law. No later than August 15, 2024, the  commissioner
    53  of the department of environmental conservation shall submit an account-
    54  ing  of  such  expenses,  including, but not limited to, expenses in the
    55  2023-2024 state fiscal year for personal and non-personal  services  and
    56  fringe  benefits,  to the chair of the public service commission for the

        S. 4008--C                         37                         A. 3008--C
 
     1  chair's review pursuant to the provisions of section 18-a of the  public
     2  service law.
     3    §  5. Notwithstanding any other law, rule or regulation to the contra-
     4  ry, expenses of  the  department  of  health  public  service  education
     5  program  incurred  pursuant  to appropriations from the cable television
     6  account of the state miscellaneous special revenue funds shall be deemed
     7  expenses of the department of public service. No later than  August  15,
     8  2024,  the  commissioner  of  the  department  of health shall submit an
     9  accounting of expenses in the 2023-2024 state fiscal year to  the  chair
    10  of  the public service commission for the chair's review pursuant to the
    11  provisions of section 217 of the public service law.
    12    § 6. Any expense deemed to be expenses of  the  department  of  public
    13  service  pursuant  to sections one through four of this act shall not be
    14  recovered through assessments imposed  upon  telephone  corporations  as
    15  defined in subdivision 17 of section 2 of the public service law.
    16    §  7.  This  act  shall take effect immediately and shall be deemed to
    17  have been in full force and effect on and after April 1, 2023 and  shall
    18  expire and be deemed repealed April 1, 2024.
 
    19                                   PART WW
 
    20                            Intentionally Omitted
 
    21                                   PART XX
 
    22                            Intentionally Omitted
 
    23                                   PART YY
 
    24                            Intentionally Omitted
 
    25                                   PART ZZ
 
    26    Section  1.  Expenditures  of  moneys  by  the  New  York state energy
    27  research and development authority for  services  and  expenses  of  the
    28  energy   research,  development  and  demonstration  program,  including
    29  grants, the energy policy and planning program, and the Fuel NY  program
    30  shall be subject to the provisions of this section.  Notwithstanding the
    31  provisions of subdivision 4-a of section 18-a of the public service law,
    32  all  moneys committed or expended in an amount not to exceed $28,725,000
    33  shall be reimbursed by assessment against gas corporations,  as  defined
    34  in  subdivision  11  of section 2 of the public service law and electric
    35  corporations as defined in subdivision 13 of section  2  of  the  public
    36  service  law, where such gas corporations and electric corporations have
    37  gross revenues from intrastate utility operations in excess of  $500,000
    38  in  the  preceding calendar year, and the total amount assessed shall be
    39  allocated to each electric corporation and gas corporation in proportion
    40  to its intrastate electricity and gas  revenues  in  the  calendar  year
    41  2021.    Such  amounts  shall  be  excluded  from the general assessment
    42  provisions of subdivision 2 of section 18-a of the public  service  law.
    43  The  chair  of  the public service commission shall bill such gas and/or
    44  electric corporations for such amounts on or before August 10, 2023  and
    45  such  amounts  shall  be  paid to the New York state energy research and

        S. 4008--C                         38                         A. 3008--C
 
     1  development authority on or before September 10, 2023.    Upon  receipt,
     2  the  New  York  state  energy  research  and development authority shall
     3  deposit such funds in the energy research and development operating fund
     4  established  pursuant to section 1859 of the public authorities law. The
     5  New York state energy research and development authority  is  authorized
     6  and directed to: (1) transfer up to $4 million to the state general fund
     7  for  climate  change  related services and expenses of the department of
     8  environmental conservation from the funds received; and  (2)  commencing
     9  in  2016,  provide to the chair of the public service commission and the
    10  director of the budget and the chairs and secretaries of the legislative
    11  fiscal committees, on or before August first of each year,  an  itemized
    12  record,  certified  by  the president and chief executive officer of the
    13  authority, or his or her designee, detailing any  and  all  expenditures
    14  and  commitments  ascribable  to  moneys  received  as  a result of this
    15  assessment by the chair of the department of public service pursuant  to
    16  section  18-a  of  the  public service law.   This itemized record shall
    17  include an itemized breakdown of  the  programs  being  funded  by  this
    18  section  and  the  amount committed to each program. The authority shall
    19  not commit for any expenditure, any moneys derived from  the  assessment
    20  provided  for  in  this section, until the chair of such authority shall
    21  have submitted, and the director of the budget shall  have  approved,  a
    22  comprehensive  financial  plan  encompassing all moneys available to and
    23  all anticipated commitments and expenditures by such authority from  any
    24  source  for  the  operations of such authority.   Copies of the approved
    25  comprehensive financial plan shall be immediately submitted by the chair
    26  to the chairs and secretaries of the legislative fiscal committees.  Any
    27  such amount not committed by such authority to contracts or contracts to
    28  be awarded or otherwise expended by the authority during the fiscal year
    29  shall  be  refunded  by  such  authority on a pro-rata basis to such gas
    30  and/or electric corporations, in  a  manner  to  be  determined  by  the
    31  department  of public service, and any refund amounts must be explicitly
    32  lined out in the itemized record described above.
    33    § 2. This act shall take effect immediately and  shall  be  deemed  to
    34  have been in full force and effect on and after April 1, 2023.
 
    35                                  PART AAA
 
    36                            Intentionally Omitted
 
    37                                  PART BBB
 
    38    Section  1. Paragraph f of subdivision 7 of section 415 of the vehicle
    39  and traffic law is amended by adding a new subparagraph (iv) to read  as
    40  follows:
    41    (iv)  Notwithstanding  any  other  provision  of this paragraph or any
    42  provision of paragraph (bb) of subdivision two of section  four  hundred
    43  sixty-three  of  this  title,  the  commissioner  may issue or renew any
    44  certificate of registration to a franchisor, manufacturer,  distributor,
    45  distributor  branch  or  factory  branch,  as  such terms are defined in
    46  section four hundred sixty-two of this  title,  or  to  any  subsidiary,
    47  affiliate  or  controlled entity thereof, that manufactures or assembles
    48  buses exclusively; provided, however, that  such  certificate  shall  be
    49  issued  exclusively  for  the  sale  of  buses  to public transportation
    50  providers; and provided further, however, that such franchisor, manufac-
    51  turer, distributor, distributor branch or factory branch, or any subsid-

        S. 4008--C                         39                         A. 3008--C
 
     1  iary, affiliate or controlled entity thereof: (1) is a manufacturer that
     2  manufactures or assembles exclusively buses, or is a subsidiary,  affil-
     3  iate,  or  controlled  entity of such a manufacturer; and (2) sells such
     4  buses  under such certificate of registration solely to public transpor-
     5  tation providers. For purposes of this subparagraph,  the  term  "public
     6  transportation provider" shall mean public transportation systems eligi-
     7  ble  to  receive  operating  assistance  under the provisions of section
     8  eighteen-b of the transportation law, and the term  "public  transporta-
     9  tion system" shall mean: (A) any public benefit corporation constituting
    10  a  transportation  authority,  or  a  subsidiary  thereof, or any public
    11  transportation corporation constituted  as  an  instrumentality  of  the
    12  state,  or  a  subsidiary  thereof,  directly or through a contract with
    13  another entity, that provides mass transportation services to the gener-
    14  al public; or (B) any Indian tribe or any county, city, town or  village
    15  that provides mass transportation services to the general public direct-
    16  ly  or  through  a  contract with another entity pursuant to section one
    17  hundred nineteen-r of the general municipal law.
    18    § 2. This act shall take effect immediately.
 
    19                                  PART CCC
 
    20    Section 1. The closing paragraph of paragraph (d) of  subdivision  2-a
    21  of  section  1269-b of the public authorities law, as added by section 1
    22  of part LLL of chapter 58 of the laws of 2022,  is  amended  and  a  new
    23  paragraph (f) is added to read as follows:
    24    The  status  of projects shall be provided and state the current phase
    25  of the project, such as planning, design,  construction  or  completion,
    26  and  shall  state  how  far  the  project  has progressed as measured in
    27  percentage by expenditure. The dashboard shall measure progress based on
    28  original budgets at the time of project commitment when scope and budget
    29  are defined. At a minimum, all changes to  planned  budgets  of  greater
    30  than  ten  percent,  significant  project scope or a three month or more
    31  change in schedule shall be provided in narrative form and describe  the
    32  reason for each change or amendment. The dashboard shall include a glos-
    33  sary  or  data  dictionary which contains plain language descriptions of
    34  the data, including individual project data, and any  other  information
    35  provided  on  the dashboard. The authority shall provide a definition of
    36  resiliency in the glossary or data dictionary. The  dashboard  shall  be
    37  updated,  at a minimum, on a quarterly basis, and all data fields avail-
    38  able on the dashboard shall  be  made  available  for  download  on  the
    39  authority's  website  in a single tabular data file in a common, machine
    40  readable format. Capital dashboard data shall also be made available  on
    41  the  data.ny.gov  website or such other successor website maintained by,
    42  or on behalf of, the state, as deemed appropriate by the New York  state
    43  office  of  information technology services under executive order number
    44  ninety-five of two thousand thirteen, or any successor agency or order.
    45    (f) The authority shall create and maintain a separate section on  its
    46  capital  program dashboard website for projects related to accessibility
    47  or resiliency. Information on this website shall be  updated  quarterly.
    48  For  the  purposes  of  this  subdivision,  "accessibility"  shall  mean
    49  projects regarding elevators, escalators, or other projects  related  to
    50  compliance  with the federal Americans with Disabilities Act of 1990, as
    51  amended, and corresponding guidelines, and "resiliency" shall  have  the
    52  same  meaning  as  defined  by  the  authority  in its twenty-year needs
    53  assessment as required  by  subdivision  c  of  section  twelve  hundred
    54  sixty-nine-c of this title.

        S. 4008--C                         40                         A. 3008--C

     1    § 2. Section 1276-b of the public authorities law is amended by adding
     2  two new subdivisions 6 and 7 to read as follows:
     3    6. The authority shall publish all data pertaining to each authority's
     4  budget  and  financial  plans  as  required by this section in a common,
     5  machine readable format on the authority's website as defined by  execu-
     6  tive order number ninety-five of two thousand thirteen, "Using Technolo-
     7  gy  to  Promote Transparency, Improve Government Performance and Enhance
     8  Citizen Engagement" or any successor order. Such data shall include, but
     9  not be limited to:
    10    (a) estimates of projected operating revenues and expenses,  including
    11  monthly  projections  for  the  current  fiscal year of all revenues and
    12  expenses;
    13    (b) quarterly revenue and expense targets;
    14    (c) staffing for the authority and each of its agencies;
    15    (d) a comparison of actual revenues and expenses, actual staffing  and
    16  actual  utilization  to  planned  or  projected  levels  for each of the
    17  authority's agencies that operate transportation systems;
    18    (e) the status of each gap-closing initiative with a  projected  value
    19  greater than one million dollars in any given fiscal year; and
    20    (f)  the  status of capital projects by capital element, including but
    21  not limited to commitments, expenditures and completions;  and  material
    22  variances from the plan, cost overruns and delays.
    23    7. The data required to be published pursuant to this section shall be
    24  made  in a single tabular data file in a common, machine readable format
    25  and shall be accessible on  the  authority's  website  and  the  website
    26  data.ny.gov  or such other successor website maintained by, or on behalf
    27  of, the state, as deemed appropriate by the New  York  state  office  of
    28  information technology services under executive order number ninety-five
    29  of two thousand thirteen, or any successor agency or order.
    30    § 3. Section 1279-f of the public authorities law is amended by adding
    31  two new subdivisions 4 and 5 to read as follows:
    32    4.  Within  one  year  of  the effective date of this subdivision, the
    33  authority shall publish a report detailing the steps  it  has  taken  to
    34  implement  the recommendations of the audit and the reviews, and provide
    35  estimates of the recurring and non-recurring cost savings and  efficien-
    36  cies  that  have been realized or are anticipated from implementing such
    37  recommendations. The authority shall also review its two thousand twenty
    38  to two thousand twenty-four capital plan for cost  overages  and  dupli-
    39  cation  and  include  its  findings  in  the report. The authority shall
    40  publish an additional updated report no later than July first, two thou-
    41  sand twenty-five.
    42    5. To the extent practicable, the findings  and  recommendations  made
    43  pursuant to this section and to section twelve hundred seventy-nine-g of
    44  this  title  shall  be  incorporated  into any twenty-year capital needs
    45  assessment submitted prior to January first, two thousand twenty-five to
    46  the metropolitan transportation authority capital program  review  board
    47  pursuant to subdivision c of section twelve hundred sixty-nine-c of this
    48  title.
    49    §  4.  This act shall take effect immediately; provided, however, that
    50  section two of this act shall take effect on the one  hundred  eightieth
    51  day after it shall have become a law.
 
    52                                  PART DDD
 
    53    Section 1. The labor law is amended by adding a new article 35 to read
    54  as follows:

        S. 4008--C                         41                         A. 3008--C
 
     1                                 ARTICLE 35
     2                    NEW YORK YOUTH JOBS CONNECTOR PROGRAM
     3  Section 1005. Administration and services.
     4          1006. Funding.
     5          1007. Public outreach.
     6          1008. Annual report.
     7    §  1005.  Administration  and services. 1. There is hereby established
     8  within the department a New York youth jobs connector program to connect
     9  unemployed and underemployed individuals between the ages of sixteen and
    10  twenty-four years with targeted educational, occupational, and  training
    11  services  to  help  prepare  such individuals for employment and improve
    12  opportunities for such individuals to  become  employed.  The  New  York
    13  youth  jobs  connector program shall be responsible for facilitating the
    14  coordination and delivery of existing programs and resources  throughout
    15  the  state  which  are designed to assist individuals identified in this
    16  article with  opportunities  for  employment,  skills  development,  job
    17  training, and the other related services described in subdivision two of
    18  this section.
    19    2.  The department shall coordinate with the office of strategic work-
    20  force development, the department of education, the state university  of
    21  New  York,  the city university of New York, the office of temporary and
    22  disability assistance, the office of children and family  services,  the
    23  urban  development corporation and its subsidiaries, and any other rele-
    24  vant agency or entity, to carry out the purposes  of  this  article  and
    25  leverage  existing  funds  and programs for unemployed and underemployed
    26  youth consistent with the purposes described herein.  Services  provided
    27  by such programs may include, but are not limited to, high school equiv-
    28  alency,   basic  education,  job  skills  training,  English-as-a-second
    29  language, job readiness training, job placement services,  case  manage-
    30  ment,  career counseling and assessment, pre-apprenticeships and appren-
    31  ticeships,  pre-vocational  skills  training,  employability   planning,
    32  supportive  services, proactive outreach to unemployed and underemployed
    33  youths, skills and vocational programs leading to  career  pathways  and
    34  gainful  employment,  and  the  development  or  promulgation  of  other
    35  resources and programs to assist youths between the ages of sixteen  and
    36  twenty-four years, particularly at-risk youths in such category.
    37    § 1006. Funding. The department shall identify and leverage any avail-
    38  able  funds  as  necessary, including any private funds provided for the
    39  purpose of supporting this article, which may be used to  subsidize  the
    40  New  York youth jobs connector program. The department may further iden-
    41  tify any private or not-for-profit entities which currently provide  job
    42  placement  or  training services, or other services described in section
    43  one thousand five of this  article,  whether  as  the  entity's  primary
    44  purpose  or coincidental to such entities' operations. Such entities may
    45  include, but not be limited to, boys and girls clubs,  local  or  state-
    46  wide affiliated young persons' organizations, and employer associations.
    47  The  department may, to the extent practicable, contract with such enti-
    48  ties for the explicit purpose of using  their  membership  or  staff  to
    49  directly  seek  out  and  notify  unemployed  youths between the ages of
    50  sixteen and twenty-four years about the New York  youth  jobs  connector
    51  program and the services offered thereunder.
    52    §  1007.  Public  outreach. 1. The department shall engage in outreach
    53  efforts to raise awareness about  the  New  York  youth  jobs  connector
    54  program  and the services offered thereunder. Such outreach may include,
    55  but not be limited to:

        S. 4008--C                         42                         A. 3008--C
 
     1    (a) brochures and posters  to  be  distributed  to  school  districts,
     2  boards  of cooperative educational services, public libraries, community
     3  colleges, trade schools, agricultural and technical colleges, and  other
     4  public institutions of higher education;
     5    (b) use of social media, internet, radio, newspapers, and print adver-
     6  tising;
     7    (c) participation in, or organization of program and job fairs;
     8    (d)  posting  easily  accessible hyperlinks to such information on the
     9  department's website;
    10    (e) collaboration with employment agencies or unions; and
    11    (f) recruitment of individuals to serve as visible public  ambassadors
    12  to promote the program.
    13    2.  The  department,  in  consultation  with the office of information
    14  technology services, shall create publicly accessible online surveys  to
    15  assess  the  goals, eligibility, and job readiness of individuals served
    16  by the program to match such  individuals  with  a  subset  of  relevant
    17  programs  and  services  for  consideration.  Such surveys shall be made
    18  available on the department's website. The department shall also publish
    19  an informational webpage to provide details on the program and  outreach
    20  events as well as information on and a hyperlink to the online surveys.
    21    §  1008.  Annual  report. Not later than two years after the effective
    22  date of this article, and annually thereafter,  the  commissioner  shall
    23  prepare  and submit a report to the governor, the temporary president of
    24  the senate, and the speaker of the assembly on the efficacy and progress
    25  made by the New York youth jobs  connector  program.  In  preparing  the
    26  report, the commissioner may seek and include input from relevant stake-
    27  holders,  including participating youths, schools, programs, and employ-
    28  ers. The report shall also include recommendations on  further  improve-
    29  ments concerning outreach efforts to spread awareness of the program.
    30    §  2.  The economic development law is amended by adding a new section
    31  100-b to read as follows:
    32    § 100-b. Comprehensive report on the activities of the office of stra-
    33  tegic workforce development. Beginning on February first,  two  thousand
    34  twenty-four,  and  every February first thereafter, the department shall
    35  prepare a comprehensive annual report on the activities and efficacy  of
    36  the  office of strategic workforce development. In preparing the report,
    37  the department shall  coordinate  with  the  department  of  labor,  the
    38  department  of  education,  the  state  university of New York, the city
    39  university of New York, the office of temporary and  disability  assist-
    40  ance,  the office of children and family services, the urban development
    41  corporation and its subsidiaries, and any other relevant agency or enti-
    42  ty. Such report shall include, but need not be limited  to:    aggregate
    43  totals  for  each economic development program administered directly  by
    44  the office of strategic workforce development, and aggregate totals  for
    45  related programs in other agencies wherein such program funds are appro-
    46  priated within the office of strategic workforce development, the number
    47  of  awards  made  since  the last report as well as the number of awards
    48  made to date, the number  of  business  partners  secured  through  such
    49  awards,  the  dollar total of such awards, regional distribution of such
    50  awards, the identified statewide and regional priority sectors as  iden-
    51  tified by the urban development corporation with input from the regional
    52  economic  development  councils  including  a  description  of each such
    53  sector, the number of trainees assisted through such  awards,  leveraged
    54  matching  funds  associated  with awards, program   participation rates,
    55  industry trends, and any  other  information  deemed  necessary  by  the
    56  commissioner.    The department shall prominently post the comprehensive

        S. 4008--C                         43                         A. 3008--C
 
     1  economic development report on its website no later than February  first
     2  of each year.
     3    §  3.  The  opening  paragraph  of subdivision 15 of section 21 of the
     4  labor law, as amended by chapter 40 of the laws of 2018, is amended  and
     5  a new subdivision 16 is added to read as follows:
     6    Shall  establish and maintain an online database to catalogue and make
     7  available information on workforce development funding programs [and may
     8  publish any analysis conducted by the department on such  data].    Such
     9  catalogue  shall  be updated no less than annually. For purposes of this
    10  subdivision, the term "workforce development funding program" shall mean
    11  a program that funds or provides targeted educational,  occupational  or
    12  training  services for the purpose of effecting the employability of the
    13  participant, provides  training  or  employment  services,  supports  an
    14  economic  development  activity  by  enhancing the skills of the state's
    15  workforce, prepares individuals for employment,  improves  opportunities
    16  for  individuals  to  become  employed, or promotes understanding of the
    17  state labor force market through statistical studies, including but  not
    18  limited  to  programs  that fund or provide English as a second language
    19  and adult literacy. For each workforce development funding program,  the
    20  online  database  shall  include,  but  not be limited to, the following
    21  information for each funding program:
    22    16. Beginning on December first, two thousand twenty-four,  and  every
    23  December  first thereafter, the department shall prepare a report of the
    24  catalogue of  workforce   development   funding   programs   established
    25  pursuant    to subdivision fifteen of this section comprised of analysis
    26  conducted by the agency or entity responsible for each workforce  devel-
    27  opment  funding  program  on  the outcomes and effectiveness   of   such
    28  funding  programs and  the number of persons  served  by  such  funding.
    29  Such analysis must be submitted to the department by a date specified by
    30  the department each year. Such report shall be submitted to  the  gover-
    31  nor, the temporary president of the senate, the speaker of the assembly,
    32  the minority leader of the senate and the minority  leader of the assem-
    33  bly and shall be made publicly available on the department's website.
    34    §  4.  This act shall take effect immediately; provided, however, that
    35  section one of this act shall take effect on the sixtieth day  after  it
    36  shall have become a law. Effective immediately, the addition, amendment,
    37  and/or repeal of any rule or regulation necessary for the implementation
    38  of  this  act  on  its  effective  date  are  authorized  to be made and
    39  completed on or before such effective date.
 
    40                                  PART EEE
 
    41    Section 1. Section 6 of chapter 882 of the laws of 1953,  constituting
    42  the waterfront commission act, is amended to read as follows:
    43    §  6. Commission established for New York state. A. Unless [and until]
    44  the state of New Jersey concurs  with  the  provisions  of  the  compact
    45  contained  in  [section one] parts I, II and III of this act [shall have
    46  been concurred in by the state  of  New  Jersey],  and  the  consent  of
    47  congress has been given thereto[, and the commission, provided for ther-
    48  ein, established]:
    49    1. [The] Notwithstanding any law, rule, or regulation to the contrary,
    50  the  provisions of such compact and [sections two, three, four and five]
    51  parts I, II and III of this act shall apply to and be in full force  and
    52  effect  within the state of New York, except as limited by this section,
    53  and any violation of such compact or section shall be a violation of the

        S. 4008--C                         44                         A. 3008--C
 
     1  laws of the state of New York, provided, however, that (with respect  to
     2  the definitions contained in such compact):
     3    (a)  "The  port  of New York district" shall mean only that portion of
     4  the district within the state of New York;
     5    (b) The "commission", hereinafter referred to in this section  as  the
     6  "New York commission", shall mean and consist of the member appointed by
     7  the  governor  of  this  state by and with the advice and consent of the
     8  senate, and [he] such member shall possess and exercise all  the  powers
     9  and  duties of the commission set forth in [section one] parts I, II and
    10  III of this act and any other powers and duties conferred herein;
    11    (c) The powers and duties of any other officer or agency of this state
    12  prescribed by [section one or otherwise by] parts I, II and III of  this
    13  act  shall  be effective as if the provisions of the compact were effec-
    14  tive as a law of this state;  and
    15    (d) The New York commission shall not be deemed to be a body corporate
    16  and politic and shall be in the executive department of this  state  and
    17  may  request, receive, and utilize facilities, resources and data of any
    18  department,  division,  board,  bureau,  commission,  agency  or  public
    19  authority  of  the  state or any political subdivision thereof as it may
    20  reasonably request to carry out properly its powers and duties  pursuant
    21  to this section; and
    22    (e)  A  commissioner  serving on the waterfront commission of New York
    23  harbor who was appointed by the governor of New York to  such  position,
    24  may  serve  as acting commissioner of the New York commission until such
    25  time as a commissioner is appointed by the governor, with the advice and
    26  consent of the senate, pursuant to this subdivision.
    27    2. The New York commission is authorized to cooperate with  a  similar
    28  [commission  of]  entity  established  in  the  state  of New Jersey, to
    29  exchange information on any matter pertinent to  the  purposes  of  this
    30  act,  and  to enter into reciprocal agreements for the accomplishment of
    31  such purposes, including but not limited to the following objectives:
    32    (a) To provide for the reciprocal recognition of any license issued or
    33  registration made by either commission;
    34    (b) To give reciprocal effect to any revocation, suspension or  repri-
    35  mand  with  respect to any licensee, and any reprimand or removal from a
    36  longshoremen's register;
    37    (c) To provide that any act or omission by a licensee or registrant in
    38  either state which would be a basis for disciplinary action against such
    39  licensee or registrant if it occurred in the state in which the  license
    40  was  issued or the person registered shall be the basis for disciplinary
    41  action in both states;
    42    (d) To provide that  longshoremen  registered  in  either  state,  who
    43  perform  work  or who apply for work at an employment information center
    44  within the other state shall be deemed to have performed work or to have
    45  applied for work in the state in which they are registered.
    46    3. Notwithstanding any other provision of law, the officers, employees
    47  and agents  of  the  commission  established  by  this  section  may  be
    48  appointed  or  employed without regard to their state of residence. Such
    49  commission may appoint or employ the same person to a similar office  or
    50  employment in this state as [he] such person holds in a similar [commis-
    51  sion or agency of] entity established in the state of New Jersey.
    52    B. Notwithstanding any other provision of this act, for the purpose of
    53  providing  for  the  commission's expenses of administration [during the
    54  remainder of the calendar year following the effective date of this act,
    55  and] until June thirtieth, [nineteen hundred  fifty-four]  two  thousand
    56  twenty-four the assessment for such expense shall be at the rate [of one

        S. 4008--C                         45                         A. 3008--C

     1  and one-half per cent] set by the New York commission, not to exceed the
     2  average  rate  of  assessment  by  the waterfront commission of New York
     3  harbor, over the time period from two thousand sixteen until  two  thou-
     4  sand twenty-three. Such assessment shall be made, collected and enforced
     5  in  accordance  with  [article  thirteen of the compact and section two]
     6  parts I, II and III of this act.
     7    C.  Nothing in this section shall be read to confer any powers to  the
     8  governor or legislature of the state of New Jersey on a New York commis-
     9  sion  established  under paragraph one of subdivision A of this section.
    10  References in parts I, II and III of this act to the legislatures of New
    11  York and New Jersey shall mean only the legislature  of  New  York,  and
    12  references  to  the governors of New York and New Jersey shall mean only
    13  the governor of New York, as those powers relate to a New  York  commis-
    14  sion, operating solely within the state of New York.
    15    D. No provision shall be applied to the New York commission under this
    16  section  unless such provision shall have been previously adopted by New
    17  York and New Jersey, with the consent of congress, and  applied  to  the
    18  waterfront commission of New York harbor between January first, nineteen
    19  hundred fifty-four, and April thirtieth, two thousand twenty-three.
    20    E.  All rules and regulations of the waterfront commission of New York
    21  harbor, established by the state of New York and by  the  state  of  New
    22  Jersey  shall continue in effect as the rules and regulations of the New
    23  York commission until amended, supplemented, or  rescinded  by  the  New
    24  York  commission  pursuant  to  the  state administrative procedure act.
    25  Previously promulgated regulations inconsistent with the  provisions  of
    26  this act shall be deemed void.
    27    § 2. This act shall take effect immediately, and shall expire June 30,
    28  2024  when  upon  such  date  the provisions of this act shall be deemed
    29  repealed.
 
    30                                  PART FFF
 
    31    Section 1. Section 312-a of the executive law, as amended  by  chapter
    32  96 of the laws of 2019, is amended to read as follows:
    33    §  312-a.  Study  of minority and women-owned business enterprises. 1.
    34  The director of the division of minority and women-owned business devel-
    35  opment is authorized and directed to recommission a statewide  disparity
    36  study  regarding  the participation of minority and women-owned business
    37  enterprises in state contracts since the amendment of this article to be
    38  delivered  to  the  governor  and  legislature  no  later  than   August
    39  fifteenth,  two thousand [twenty-three] twenty-four.  The study shall be
    40  prepared by an entity independent of the department and selected through
    41  a request for proposal process. The purpose of such study is:
    42    (a) to determine whether there is a disparity between  the  number  of
    43  qualified minority and women-owned businesses ready, willing and able to
    44  perform  state contracts for commodities, services and construction, and
    45  the  number  of  such  contractors  actually  engaged  to  perform  such
    46  contracts,  and  to  determine  what  changes, if any, should be made to
    47  state policies affecting minority and women-owned business enterprises;
    48    (b) to determine whether there is a disparity between  the  number  of
    49  qualified  minorities and women ready, willing and able, with respect to
    50  labor markets, qualifications and other relevant factors, to participate
    51  in contractor employment, management level bodies, including  boards  of
    52  directors,  and as senior executive officers within contracting entities
    53  and the number of such group members  actually  employed  or  affiliated
    54  with  state  contractors in the aforementioned capacities, and to deter-

        S. 4008--C                         46                         A. 3008--C
 
     1  mine what changes, if any, should be made to  state  policies  affecting
     2  minority  and  women group populations with regard to state contractors'
     3  employment and appointment practices relative to diverse group  members.
     4  Such  study  shall  include,  but  not be limited to, an analysis of the
     5  history of minority and women-owned  business  enterprise  programs  and
     6  their effectiveness as a means of securing and ensuring participation by
     7  minorities and women, and a disparity analysis by market area and region
     8  of  the  state.  Such  study  shall  distinguish between minority males,
     9  minority females and non-minority females in the  statistical  analysis;
    10  and
    11    (c)  such  study  shall also include an analysis of the utilization on
    12  state agency contracts of businesses owned by an Indian nation or tribe,
    13  as such term is defined in section two of  the  Indian  law,  whether  a
    14  disparity  exists between availability of such businesses to participate
    15  on state agency contracts and utilization, and, if so,  the  feasibility
    16  of  authorizing  an  Indian  nation  or tribe owned businesses to become
    17  certified as a participant in  the  minority  and  women-owned  business
    18  enterprise program.
    19    2.  The  director  of  the  division  of minority and women's business
    20  development is directed to transmit the disparity study to the  governor
    21  and the legislature not later than August fifteenth, two thousand [twen-
    22  ty-three]  twenty-four,  and  to  post  the  study on the website of the
    23  department of economic development.
    24    § 2. This act shall take effect immediately; provided,  however,  that
    25  the amendments to section 312-a of the executive law made by section one
    26  of  this  act  shall  not affect the repeal of such section and shall be
    27  deemed repealed therewith.
 
    28                                  PART GGG
 
    29    Section 1. Subdivision 1 of section 211 of  the  economic  development
    30  law,  as added by chapter 398 of the laws of 2018, is amended to read as
    31  follows:
    32    1. The department shall establish and support, within available appro-
    33  priations, entrepreneurship assistance centers at career education agen-
    34  cies, municipal agencies, and not-for-profit corporations including, but
    35  not limited to, local development corporations,  chambers  of  commerce,
    36  community-based  business  outreach  centers  and  other community-based
    37  organizations. The purpose of such centers shall be  to  train  minority
    38  group  members, women, individuals with a disability, dislocated workers
    39  and veterans in the principles and practice of entrepreneurship in order
    40  to prepare such persons to pursue self-employment opportunities  and  to
    41  pursue  a designation as a minority business enterprise or a women-owned
    42  business enterprise. Such centers shall  provide  for  training  in  all
    43  aspects of business development and small business management as defined
    44  by  the  commissioner.  For  purposes of this section, "career education
    45  agency" shall mean a community college or board  of  cooperative  educa-
    46  tional services operating within the state.
    47    §  2.  Section  1 of chapter 174 of the laws of 1968, constituting the
    48  New York state urban development corporation act, is amended by adding a
    49  new section 16-hh to read as follows:
    50    § 16-hh. Small business and entrepreneurs grant program. 1. The corpo-
    51  ration shall establish and support, within available appropriations, the
    52  small business and entrepreneurs grant  program,  as  a  two-year  pilot
    53  initiative  of  the  corporation,  to  award grants of up to twenty-five
    54  thousand dollars, but no less than five thousand dollars,  to  entrepre-

        S. 4008--C                         47                         A. 3008--C
 
     1  neurs  and  small business owners to cover start up costs of a new small
     2  business, or to support or expand an existing small business in New York
     3  state. The corporation shall establish criteria for selection and desig-
     4  nation  of awardees which shall include, without limitation, the follow-
     5  ing requirements:
     6    (a) any applicant for a grant under this program shall  have  success-
     7  fully  completed  a  training  program at an entrepreneurship assistance
     8  center established pursuant to section 211 of the  economic  development
     9  law;
    10    (b)  an entrepreneur or small business owner shall not be eligible for
    11  more than one award under this program for the same small business; and
    12    (c) the recipient of the grant shall agree to maintain the  operations
    13  of  the  small  business  for  which  the  grant was approved physically
    14  located in the state for at least two years after receipt of the  grant,
    15  to the extent the business remains operational. Provided however that if
    16  within  two years of receiving the grant, such business is found to have
    17  moved its operations outside the  state,  the  department  may  seek  to
    18  recapture the funds or a portion thereof.
    19    2.  The  corporation may promulgate guidelines necessary to effectuate
    20  the purposes of this section including, but not limited  to,  guidelines
    21  setting forth procedures for submission and processing of grant applica-
    22  tions.
    23    §  3.  This  act  shall take effect on the sixtieth day after it shall
    24  have become a law and shall expire 2 years  after  such  effective  date
    25  when upon such date the provisions of this act shall be deemed repealed.
 
    26                                  PART HHH
 
    27    Section  1.  Notwithstanding any provision of law to the contrary, for
    28  the purposes of the site preparation credit component of the  brownfield
    29  redevelopment tax credit pursuant to section 21 of the tax law, as added
    30  by  chapter  1 of the laws of 2003, a taxpayer can claim a site prepara-
    31  tion credit with respect to a site's qualification for a certificate  of
    32  completion  in  the  taxable  year  following the taxable year where the
    33  certificate of completion was issued by  the  commissioner  of  environ-
    34  mental  conservation  pursuant  to  section 27-1419 of the environmental
    35  conservation law, where the taxpayer did  not  own  the  qualified  site
    36  during  the  taxable  year  in  which  the certificate of completion was
    37  issued, but became the owner of the qualified site  and  paid  the  site
    38  preparation costs relevant to the credit claim in the taxable year after
    39  the certificate of completion was issued.
    40    §  2.  A  taxpayer  that pays site preparation costs for the qualified
    41  site cannot claim a site preparation credit if  the  taxpayer  has  been
    42  identified by the administrator of the New York environmental protection
    43  and  spill compensation fund as a person responsible for the cleanup and
    44  removal costs for the discharge of petroleum at or  emanating  from  the
    45  qualified  site  where  it has not resolved an outstanding claim at such
    46  site pursuant to article twelve of the navigation law or if the taxpayer
    47  has been identified by the department of environmental conservation as a
    48  responsible party for the disposal of hazardous waste at  the  qualified
    49  site.
    50    §  3.  This  act shall take effect immediately and shall apply to site
    51  preparation credit components of  brownfield  redevelopment  tax  credit
    52  claims filed for taxable years beginning on or after January 1, 2014 and
    53  before January 1, 2023.

        S. 4008--C                         48                         A. 3008--C
 
     1                                  PART III
 
     2    Section 1. Section 912 of the general municipal law, as added by chap-
     3  ter 390 of the laws of 1972, is amended to read as follows:
     4    § 912. Orange county industrial development agency. 1. For the benefit
     5  of  the  county  of  Orange  and  the inhabitants thereof, an industrial
     6  development agency, to be known as the ORANGE COUNTY INDUSTRIAL DEVELOP-
     7  MENT AGENCY, is hereby established for the accomplishment of any or  all
     8  of  the  purposes  specified in title one of this article [eighteen-A of
     9  this chapter]. It shall constitute a body corporate and politic, and  be
    10  perpetual  in duration. It shall have the powers and duties now or here-
    11  after conferred by title one of this article [eighteen-A of  this  chap-
    12  ter]  upon  industrial  development agencies. It shall be organized in a
    13  manner prescribed by and be subject to the provisions of  title  one  of
    14  this  article  [eighteen-A  of  this  chapter].  Its  members  shall  be
    15  appointed by the governing body of the county of Orange. The agency, its
    16  members, officers and employees and its operations and activities  shall
    17  in all respects be governed by the provisions of title one of this arti-
    18  cle [eighteen-A of this chapter].
    19    2.    For  purposes of this section, "financial assistance" shall mean
    20  any financial assistance offered by the Orange county industrial  devel-
    21  opment  agency  for any project, including but not limited to, a payment
    22  in lieu of taxes agreement, an agreement  to  waive  sales  tax,  or  an
    23  agreement to waive mortgage recording taxes.
    24    3.  (a)  In  accordance  with  the  powers  of the office of the state
    25  inspector general established by subdivision eight of section fifty-four
    26  of the executive law, the state inspector general shall appoint an inde-
    27  pendent monitor to carry out the provisions of  this  section  including
    28  but  not  limited to providing guidance and technical assistance related
    29  to the policies, practices, programs and decisions of the Orange  county
    30  industrial  development  agency, including but not limited to decisions,
    31  actions and policies  related  to  contracts  and  financial  assistance
    32  agreements.    The  state  inspector  general shall appoint such monitor
    33  within ninety days of the effective date of this subdivision or as  soon
    34  thereafter  as  is  practicable.   After such appointment, the inspector
    35  general may only remove the monitor for violations of law.
    36    (b) The reasonable and necessary  expenses  incurred  by  the  monitor
    37  while  performing his or her official duties shall be paid by the indus-
    38  trial development agency. Notwithstanding any other  provision  of  law,
    39  while acting within the scope of his or her authority, the monitor shall
    40  not  be  subject to any liability resulting from carrying out any of the
    41  powers expressly given in this section, and the monitor shall  be  enti-
    42  tled  to defense and indemnification by the industrial development agen-
    43  cy.
    44    (c) The monitor shall be entitled to attend all meetings of the indus-
    45  trial development agency, including executive sessions; provided  howev-
    46  er,  such monitor shall not be considered for purposes of establishing a
    47  quorum of the board, provided further that the monitor  may  be  excused
    48  from  executive  sessions  when  proposed, pending or current litigation
    49  involving the monitor or the office of the state inspector  general  are
    50  being  discussed. The industrial development agency shall cooperate with
    51  any monitor with access, within forty-eight hours of such  request  from
    52  the  monitor,  to  any necessary documents and records of the industrial
    53  development agency including but not limited to databases  and  planning
    54  documents,  financial  assistance  agreements,  and contracts consistent
    55  with all applicable state and  federal  statutes.    The  monitor  shall

        S. 4008--C                         49                         A. 3008--C
 
     1  provide  a copy of such request for any document or record to the indus-
     2  trial development agency board.
     3    (d)  The  board  shall  provide the monitor with copies of any meeting
     4  agendas and all resolutions and motions on such agenda  for  each  board
     5  meeting  no later than seventy-two hours prior to such board meeting. If
     6  a proposed resolution or motion  is  for  the  purpose  of  approving  a
     7  contract  or  any  financial  assistance  for a project, the board clerk
     8  shall provide the monitor with copies of the proposed contract or finan-
     9  cial assistance language at least seven days prior to such meeting.
    10    (e) In the event the monitor is not provided with copies  of  proposed
    11  resolutions  or motions seventy-two hours prior to a board meeting or in
    12  the case of a proposed motion or resolution for the purpose of approving
    13  a contract or financial assistance, seven days prior to the  next  board
    14  meeting,  the monitor may, at their discretion, remove an item including
    15  board resolutions or motions, from consideration by the  board  at  such
    16  meeting.  Upon  failure  of the board to provide proposed resolutions or
    17  motions as required by this section, the monitor shall provide notice of
    18  failure to the board. An item removed from consideration by the  monitor
    19  may not be reconsidered by the board until the next board meeting.
    20    (f) The monitor shall have the power to review any modification to the
    21  industrial development agency's uniform tax exemption policy required by
    22  section  eight  hundred seventy-four of this article, contract or finan-
    23  cial assistance proposed for consideration by the industrial development
    24  agency proposed by the board on or after  the  effective  date  of  this
    25  subdivision;  provided  however, that all such proposed modifications to
    26  the  industrial  development  agency's  uniform  tax  exemption   policy
    27  required   by  section  eight  hundred  seventy-four  of  this  article,
    28  contracts or agreements shall be provided by the industrial  development
    29  agency board to the monitor at least seven days prior to adoption.
    30    (i)  At  least  seventy-two  hours prior to adoption by the board, the
    31  monitor shall advise the board or employees of the  industrial  develop-
    32  ment  agency,  in  writing, of the existence of violations of the indus-
    33  trial development agency's uniform  tax  exemption  policy  required  by
    34  section  eight hundred seventy-four of this article, actual or potential
    35  conflicts of interest, or violations of  law  arising  from  a  proposed
    36  contract  or financial assistance agreement that the industrial develop-
    37  ment agency shall consider before entering into  any  such  contract  or
    38  agreement.
    39    (ii)  The  board  shall document for its own records the existence and
    40  resolution of any actual or potential  conflict  of  interest  or  other
    41  violation identified by the monitor.
    42    (iii) No such contract or agreement may be approved or entered into by
    43  the  industrial  development  agency  unless  such  actual  or potential
    44  conflict of interest or violation has been resolved to the  satisfaction
    45  of the monitor.
    46    (iv)  At  least  seventy-two hours prior to adoption by the board, the
    47  monitor shall advise the board or employees, in writing, of  its  disap-
    48  proval of any changes to the industrial development agency's uniform tax
    49  exemption  policy;  provided additionally, that within thirty days after
    50  their appointment, the monitor shall advise such board or employees,  in
    51  writing, of its disapproval of any changes to the industrial development
    52  agency's  uniform  tax exemption policy made by the board that were made
    53  on or after the effective date of this subdivision until such  monitor's
    54  appointment.  Any such change to the uniform tax exemption policy disap-
    55  proved by the monitor shall not be effective, and may not  be  reconsid-
    56  ered by the board for at least ten days or until the next board meeting;

        S. 4008--C                         50                         A. 3008--C
 
     1  provided,  however,  that any change to the uniform tax exemption policy
     2  that was made by the board on or after the effective date of this subdi-
     3  vision until such monitor's appointment that is disapproved by the moni-
     4  tor  shall  not  affect the validity of any prior agreement entered into
     5  prior to the monitor's appointment.
     6    (v) At least seventy-two hours prior to adoption  by  the  board,  the
     7  monitor  shall  advise the board or employees, in writing, of its disap-
     8  proval of any proposed contract or agreement with a project applying for
     9  financial assistance that would permit a deviation from  the  industrial
    10  development  agency's  uniform  tax exemption policy required by section
    11  eight hundred seventy-four of this article. Any such  proposed  contract
    12  or  financial  assistance  agreement  that would permit a deviation from
    13  such policy shall not be effective, and may not be reconsidered  by  the
    14  board for at least ten days or until the next board meeting.
    15    (vi)  The  monitor  shall have seventy-two hours after any contract or
    16  financial assistance is approved to review such financial assistance  or
    17  contract,  and if a violation of policy related to the industrial devel-
    18  opment agency's uniform tax exemption policy required by  section  eight
    19  hundred  seventy-four  of  this  article,  a  conflict of interest, or a
    20  violation of law is identified during  such  time  period,  the  monitor
    21  shall  notify  the  industrial  development  agency in writing. Any such
    22  contract or financial assistance so identified by the monitor shall  not
    23  be  legally binding or effective, and may  not  be  reconsidered  by the
    24  board for at least ten days or until the next board meeting.
    25    (g) The board,  in  consultation  with  the  monitor,  shall  adopt  a
    26  conflict  of interest policy, or revise an existing conflict of interest
    27  policy, that complies with all existing applicable laws, rules and regu-
    28  lations, including article eighteen of this  chapter.  The  conflict  of
    29  interest policy shall include, but not be limited to:
    30    (i)  a  definition  of the circumstances that constitute a conflict of
    31  interest;
    32    (ii) procedures for identifying, disclosing and resolving  a  conflict
    33  of interest to the board;
    34    (iii)  a requirement that the person with the conflict of interest not
    35  be present at or participate in board  deliberations  or  votes  on  the
    36  matter giving rise to such conflict, provided that nothing in this para-
    37  graph  shall prohibit the board from requesting that the person with the
    38  conflict of interest  present information as background or answer  ques-
    39  tions  at  a board meeting prior to the commencement of deliberations or
    40  voting thereto;
    41    (iv) a prohibition against any attempt by the person with the conflict
    42  to influence improperly the deliberation or voting on the matter  giving
    43  rise to such conflict;
    44    (v) compliance with all applicable state laws and regulations; and
    45    (vi)  a  requirement that the existence and resolution of the conflict
    46  be documented in the board's records, including in the  minutes  of  any
    47  meeting at which the conflict was discussed or voted upon.
    48    (h)  The  monitor  may advise the board and any industrial development
    49  agency officers, employees or agents to undergo any training  as  deemed
    50  necessary.
    51    4.  The monitor shall undertake an enhanced review of the budget deci-
    52  sions and financial assistance agreements of the industrial  development
    53  agency.
    54    (a)  The  board shall annually submit the industrial development agen-
    55  cy's proposed budget for the next succeeding fiscal year to the  monitor
    56  no  later than forty-five days prior to its adoption.  The monitor shall

        S. 4008--C                         51                         A. 3008--C
 
     1  review the budget to ensure that it, to the greatest extent possible, is
     2  consistent with purposes and necessary activities of the  Orange  county
     3  industrial  development  agency,  and  that  it  does  not substantially
     4  conflict  with the long term economic interests of Orange county and its
     5  constituents.
     6    (b) The board shall provide quarterly reports to the monitor and annu-
     7  al reports to the state inspector general on the operational  status  of
     8  the  industrial  development  agency.  In  addition,  the  monitor shall
     9  provide semi-annual reports to the state inspector general,  the  gover-
    10  nor,  the  temporary  president  of  the  senate, and the speaker of the
    11  assembly on the fiscal and operational status of the industrial develop-
    12  ment agency. Such semi-annual report shall include a summary of all  the
    13  contracts  that  the board entered into throughout the year. All reports
    14  shall be subject to review by the comptroller.
    15    (c) The monitor shall advise the board in the development and revision
    16  of the industrial development  agency's  goals,  implementation  of  its
    17  priorities and budgetary recommendations.
    18    (d) The monitor may recommend, and the board may consider by vote of a
    19  resolution at the next scheduled meeting of the board, cost saving meas-
    20  ures including, but not limited to, shared service agreements.
    21    5.  Nothing  in this section shall be construed to abrogate the duties
    22  and responsibilities of the board consistent with applicable  state  law
    23  and regulations.
    24    § 2. Section 54 of the executive law is amended by adding a new subdi-
    25  vision 8 to read as follows:
    26    8.  Appoint  an  independent monitor to provide guidance and technical
    27  assistance related to the policies, practices, programs and decisions of
    28  the Orange county industrial development agency, as authorized in subdi-
    29  visions two, three, four and five of section nine hundred twelve of  the
    30  general municipal law.
    31    §  3.  This  act shall take effect immediately; provided however, that
    32  subdivisions two, three, four and five of section  912  of  the  general
    33  municipal law, as added by section one of this act, and subdivision 8 of
    34  section  54  of  the executive law, as added by section two of this act,
    35  shall expire and be deemed repealed three  years  after  such  effective
    36  date.
    37    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    38  sion,  section  or  part  of  this act shall be adjudged by any court of
    39  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    40  impair,  or  invalidate  the remainder thereof, but shall be confined in
    41  its operation to the clause, sentence, paragraph,  subdivision,  section
    42  or part thereof directly involved in the controversy in which such judg-
    43  ment shall have been rendered. It is hereby declared to be the intent of
    44  the  legislature  that  this  act  would  have been enacted even if such
    45  invalid provisions had not been included herein.
    46    § 3. This act shall take effect immediately  provided,  however,  that
    47  the  applicable  effective date of Parts A through III of this act shall
    48  be as specifically set forth in the last section of such Parts.
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