S07508 Summary:

BILL NOS07508B
 
SAME ASSAME AS UNI. A09508-B
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2020-2021 state fiscal year; relates to consolidated local highway assistance payments (Part A); relates to penalties for commercial vehicles on parkways and penalties for over-height vehicles (Part B); relates to the display of amber and blue lights on safety service patrol vehicles (Part C); relates to the maximum dimension of certain vehicles proceeding to and from the New York state thruway authority (Part E); relates to agreements for fiber optics (Part F); relates to penalties for unlicensed operation of ground transportation to and from airports (Part H); relates to setting the aggregate principal amount of bonds the Metropolitan transit authority, the Triborough bridge and tunnel authority and the New York city transit authority can issue (Part I); relates to the New York transit authority and the metropolitan transportation authority, in relation to extending authorization for tax increment financing for the metropolitan transportation authority (Part K); relates to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service (Part R); relates to prohibiting pricing of goods and services on the basis of gender (Part S); relates to making changes to the arms of the state (Part U); relates to qualifications for appointment and employment (Part V); relates to home inspection professional licensing (Part W); authorizes 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 (Part Y); relates to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes (Part CC); amends the infrastructure investment act, in relation to requiring certain contracts to comply with service-disabled veteran-owned business enterprises, negotiating prices in certain lump-sum contracts, referencing certain sections of law and providing for a date of repeal (Part DD); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part EE); relates to the powers of the New York state urban development corporation to make loans, in relation to extending the general loan powers of the New York state urban development corporation (Part FF); relates to economic transformation program eligibility (Part GG); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part HH); relates to the definition of farm laborer and labor practices for farm laborers (Part II); relates to procurement procedures for school districts in relation to New York state products (Part JJ); relates to the water pollution control revolving fund and the drinking water revolving fund (Part KK); relates to student debt consultants (Part MM); relates to expanded polystyrene foam container and polystyrene loose fill packaging ban; relates to moneys collected for violations of the expanded polystyrene foam container and polystyrene loose fill packaging ban (Part PP); authorizes the creation of state debt in the amount of three billion dollars, in relation to creating the environmental bond act of 2020 "restore mother nature" for the purposes of environmental improvements that preserve, enhance, and restore New York's natural resources and reduce the impact of climate change; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2020 (Part QQ); relates to the implementation of the environmental bond act of 2020 "restore mother nature" (Part RR); authorizes the county of Nassau, to permanently and temporarily convey certain easements and to temporarily alienate certain parklands (Subpart A); authorizes the village of East Rockaway, county of Nassau, to permanently and temporarily convey certain easements and to temporarily alienate certain parklands (Subpart B); authorizes the village of Rockville Centre, county of Nassau, to permanently and temporarily convey certain easements and to temporarily alienate certain parklands (Subpart C)(Part UU); relates to banning fracking (Part WW); relates to bicycles with electric assist and electric scooters (Part XX); relates to increasing certain motor vehicle transaction fees; relates to the costs of the department of motor vehicles (Part YY); relates to the acceptance of applications for accident prevention and pre-licensing internet courses; establishes the accident prevention course internet technology pilot program (Part ZZ); amends the New York Buy American Act, in relation to the report to be provided and to making such provisions permanent (Part EEE); relates to prevailing wage requirements (Part FFF); amends the New York state urban development corporation act, in relation to the corporations' authorization to provide financial and technical assistance to community development financial institutions (Part III); accelerates the growth of renewable energy facilities to meet critical state energy policy goals (Part JJJ); extends the application deadline for businesses to participate in the START-UP NY program (Part KKK); authorizes the metropolitan transportation authority to borrow money and issue negotiable notes, bonds or other obligations to offset decreases in revenue (Part LLL); relates to the central business district tolling lockbox fund (Part MMM); relates to admission to residential treatment facilities (RTF) for children and youth (Part NNN); authorizes the transfer of certain office of mental health employees to the secure treatment rehabilitation center (Part OOO); relates to the amount of time an individual may be held for emergency observation, care, and treatment in CPEP and the implementation of satellite sites; relates to comprehensive psychiatric emergency programs (Part PPP); relates to penalties relating to mental health and substance use disorder parity compliance requirements; establishes the behavioral health parity compliance fund (Part QQQ); relates to providers of service (Part RRR); relates to applied behavior analysis (Part SSS); relates to the closure or transfer of a state-operated individualized residential alternative (Part TTT); provides funding for the Metropolitan Transportation Authority 2020-2024 capital program and paratransit operating expenses (Part UUU); relates to acquisitions or transfers of property for transit projects (Part VVV); relates to decoupling from certain federal tax changes (Part WWW); relates to installment loans and obligations evidencing installment loans (Item A); relates to statutory installment bonds (Item B); relates to refunding bonds (Item C); relates to the special powers of the New York state environmental facilities corporation (Item D); extends the authority of the department of environmental conservation to manage Atlantic and shortnose sturgeon (Item E); extends the authority of the department of environmental conservation to manage Atlantic Cod (Item F); extends the authority of the department of environmental conservation to manage Atlantic herring (Item G); extends the authority of the department of environmental conservation to manage black sea bass (Item H); extends the authority of the department of environmental conservation to manage blueback herring (Item I); extends the authority of the department of environmental conservation to manage crabs (Item J); extends the authority of the department of environmental conservation to restrict the taking of fish, shellfish and crustacea in special management areas (Item K); extends the authority of the department of environmental conservation to manage of fluke-summer flounder (Item L); extends the authority of the department of environmental conservation to manage scup (Item M); extends the authority of the department of environmental conservation to manage sharks (Item N); extends the authority of the department of environmental conservation to manage squid (Item O); extends the authority of the department of environmental conservation to manage whelk and conch (Item P); extends the authority of the department of environmental conservation to manage winter flounder (Item Q); relates to commercial fishing licenses (Item R)(Subpart A); authorizes certain health care professionals licensed to practice in other jurisdictions to practice in this state in connection with an event sanctioned by the World Triathlon Corporation (Item A); authorizes the city of Middletown to enter into a contract to sell or pledge as collateral for a loan some or all of the delinquent liens held by such city to a private party or engage a private party to collect some or all of the delinquent tax liens held by it (Item B); redistributes bond volume allocations made pursuant to section 146 of the federal tax reform act of 1986, relating to allocation of the unified state bond volume ceiling, enacts the private activity bond allocation act of 2020 (Item C); relates to the upstate flood mitigation task force (Item D); authorizes a pilot residential parking permit system in the city of Albany (Item K); relates to charging a fee for admission to the New York Botanical Garden (Item L); creates the radon task force, in relation to the reporting date and effectiveness thereof (Item M); relates to defining spearguns and allowing recreational spearfishing in New York's marine and coastal waters (Item N); relates to aquatic invasive species, spread prevention, and penalties (Item O); relates to the September 11th worker protection task force act (Item P); relates to extending time limitations for certain actions (Item Q); authorizes New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments (Item R); relates to limits on certain supplementary insurance (Item S); relates to the sale of municipal obligations by the county of Erie (Item T); relates to payment in lieu of taxes for property acquired for park or recreational purposes (Item U); relates to payment in lieu of taxes for property acquired for park or recreational purposes by the town of Hempstead (Item V); relates to the provision of physical therapy assistant services in public and private primary and secondary schools (Item W); relates to the membership composition of the metropolitan transportation authority board (Item X); establishes the New York telecommunications relay service center (Item Y); relates to the tax abatement and exemption for rent regulated and rent controlled property occupied by senior citizens; relates to the tax abatement and exemption for rent regulated and rent controlled property occupied by persons with disabilities (Item Z); relates to the creation of a state information technology innovation center (Item AA); creates a presumption relating to certain lung disabilities incurred by volunteer firefighters (Item BB); relates to disability due to disease or malfunction of the heart or coronary arteries (Item CC); relates to certified school psychologists and special education services and programs for preschool children with handicapping conditions (Item DD); authorizes certain health care professionals licensed to practice in other jurisdictions to practice in this state in connection with an event sanctioned by New York Road Runners (Item EE); relates to paperwork reduction (Item FF); relates to bonds and notes of the city of Yonkers (Item GG); relates to the sale of bonds and notes of the city of Buffalo (Item HH); relates to assessment and review of assessments in the county of Nassau (Item II); extends provisions of the property/casualty insurance availability act (Item JJ); relates to certain tuition waivers for police officer students of the city university of New York (Item KK); requires regulations to permit tuition waivers for certain firefighters and fire officers for CUNY (Item LL); relates to repair of damaged pesticide containers (Item MM); relates to pesticide registration time frames and fees; relates to pesticide product registration timetables and fees (Item NN); relates to temporary investments by local governments (Item OO); authorizes services for non-residents in adult homes, residences for adults and enriched housing programs Item PP); relates to the sale of bonds and notes of the city of New York, the issuance of bonds or notes with variable rates of interest, interest rate exchange agreements of the city of New York, the refunding of bonds, and the down payment for projects financed by bonds; amends the New York state financial emergency act for the city of New York, in relation to a pledge and agreement of the state; relates to interest rate exchange agreements of the city of New York and refunding bonds of such city (Item QQ); relates to certain payments to the horsemen's organization (Item RR); relates to use of electronic means for the commencement and filing of papers in certain actions and proceedings (Item SS); establishes certain water charges for hospitals and charities in New York city (Item TT); relates to the boarding of out of state inmates at local correctional facilities (Item UU); relates to the adoption of the interstate compact for juveniles by the state of New York (Item VV); grants the chief administrator of the courts the authority to allow referees to determine applications for orders of protection during the hours family court is in session (Item WW); relates to an advisory panel on employee-owned enterprises within the division of small business services; relates to establishing an advisory panel on employee-owned enterprises within the division of small business services (Item XX); establishes the underground facilities safety training account (Item YY); authorizes the hunting of big game in the county of Albany with rifles (Item ZZ); relates to liquidator's permits and temporary retail permits (Item AAA); relates to the New York state thoroughbred breeding and development fund; relates to permitted deductions from wages (Item CCC) establishes the digital currency task force (Item DDD); authorizes the city of New York to sell to abutting property owners real property owned by such city, consisting of tax lots that cannot be independently developed due to the size, shape, configuration and topography of such lots and the zoning regulations applicable thereto (Item EEE); requires certain agencies to submit regulatory agendas for publication in the state register (Item FFF); relates to the taking of sharks (Item GGG); authorizes owners of residential real property in high risk brush fire areas in the borough of Staten Island to cut and remove reeds from their property, in relation to extending the expiration and repeal date thereof for an additional year (Item HHH); creates a temporary state commission to study and investigate how to regulate artificial intelligence, robotics and automation (Item III); relates to the determination of adjusted base proportions in special assessing units which are cities (Item JJJ); extends limitations on the shift between classes of taxable property in the town of Orangetown, county of Rockland (Item KKK); extends limitations on the shift between classes of taxable property in the town of Clarkstown, county of Rockland (Item LLL); allows certain special assessing units other than cities to adjust their current base proportions, adjusted base proportions for assessment rolls, and the base proportion in approved assessing units in Nassau county (Item MMM); increases certain special accidental death benefits (Item NNN); relates to the home based primary care for the elderly demonstration project (Item OOO); relates to the residential parking system in the village of Dobbs Ferry in the county of Westchester (Item PPP); relates to the incorporation of the New York Zoological Society, in relation to extending the expiration date of free one day admission to the zoological park (Item QQQ); increases the average assessed value threshold and to eligibility for J-51 tax abatements (Item RRR); relates to fees and expenses in unemployment insurance proceedings (Item SSS); extends authorization for certain exemptions from filing requirements (Item TTT); extends the tax rate reduction under the New York state real estate transfer tax and the New York city real property transfer tax for conveyances of real property to existing real estate investment funds (Item UUU)(Subpart B); relates to the imposition of sales and compensating use taxes by the county of Albany (Item A); extends the expiration of the provisions authorizing the county of Allegany to impose an additional one and one-half percent sales and compensating use taxes (Item B); extends the authorization of the county of Broome to impose an additional one percent of sales and compensating use taxes (Item C); extends the expiration of provisions authorizing the county of Cattaraugus to impose an additional one percent of sales and compensating use tax (Item D); extends the authorization of the county of Cayuga to impose an additional one percent of sales and compensating use taxes (Item E); authorizes Chautauqua county to impose an additional one percent rate of sales and compensating use taxes (Item F); extends the authorization of the county of Chemung to impose an additional one percent of sales and compensating use taxes (Item G); extends the authority of Chenango county to impose additional taxes (Item H); extends the expiration of the authorization granted to the county of Clinton to impose an additional rate of sales and compensating use tax (Item I); relates to sales and compensating use tax in Columbia county (Item J); extends the authorization for imposition of additional sales tax in the county of Cortland (Item K); extends the authorization of the county of Delaware to impose an additional one percent of sales and compensating use taxes (Item L); relates to sales and compensating use tax in Dutchess county (Item M); relates to the imposition of additional rates of sales and compensating use taxes by Erie county (Item N); extends the authorization granted to the county of Essex to impose an additional one percent of sales and compensating use taxes (Item O); extends the expiration of the authority granted to the county of Franklin to impose an additional one percent of sales and compensating use taxes (Item P); relates to the imposition of additional sales and compensating use tax in Fulton county (Item Q); extends the expiration of the authorization to the county of Genesee to impose an additional one percent of sales and compensating use taxes (Item R); extends the authorization for imposition of additional sales and compensating use taxes in Greene county (Item S); extends the authorization of the county of Hamilton to impose an additional one percent of sales and compensating use taxes (Item T); extends the period during which the county of Herkimer is authorized to impose additional sales and compensating use taxes (Item U); authorizes the county of Jefferson to impose additional sales tax (Item V); authorizes the county of Lewis to impose an additional one percent of sales and compensating use taxes (Item W); authorizes the county of Livingston to impose an additional one percent sales tax (Item X); extends the authorization of the county of Madison to impose an additional rate of sales and compensating use taxes (Item Y); relates to the imposition of sales and compensating use taxes by the county of Monroe (Item Z); relates to the imposition of sales and compensating use taxes in Montgomery county (Item AA); extends the authority of the county of Nassau to impose additional sales and compensating use taxes, and extending local government assistance programs in Nassau county (Item BB); relates to continuing to authorize Niagara county to impose an additional rate of sales and compensating use taxes (Item CC); authorizes Oneida county to impose additional rates of sales and compensating use taxes and providing for allocation and distribution of a portion of net collections from such additional rates (Item DD); extends the authorization of the county of Onondaga to impose an additional rate of sales and compensating use taxes (Item EE); extends the authorization for Ontario county to impose additional rates of sales and compensating use taxes (Item FF); extends the authority of the county of Orange to impose an additional rate of sales and compensating use taxes (Item GG); extends the period during which the county of Orleans is authorized to impose additional rates of sales and compensating use taxes (Item HH); extends authorization for an additional one percent sales and compensating use tax in the county of Oswego (Item II); extends the authorization for imposition of additional sales tax in the county of Otsego (Item JJ); relates to the imposition of sales and compensating use taxes in the county of Putnam (Item KK); extends the authorization of the county of Rensselaer to impose an additional one percent of sales and compensating use taxes (Item LL); authorizes the county of Rockland to impose an additional rate of sales and compensating use taxes (Item MM); extends the authority of St. Lawrence county to impose sales tax (Item NN); relates to the imposition of sales and compensating use tax in Schenectady county (Item OO); extends the authorization for imposition of additional sales tax in the county of Schoharie (Item PP); extends the authorization of the county of Schuyler to impose an additional one percent of sales and compensating use taxes (Item QQ); extends the expiration of the authorization to the county of Seneca to impose an additional one percent sales and compensating use tax (Item RR); extends the authorization of the county of Steuben to impose an additional one percent of sales and compensating use taxes (Item SS); extends the authority of the county of Suffolk to impose an additional one percent of sales and compensating use tax (Item TT); extends authorization to impose certain taxes in the county of Sullivan (Item UU); extends the authorization of the county of Tioga to impose an additional one percent of sales and compensating use taxes (Item VV); extends the authorization of the county of Tompkins to impose an additional one percent of sales and compensating use taxes (Item WW); extends the authority of the county of Ulster to impose an additional 1 percent sales and compensating use tax (Item XX); extends the additional one percent sales tax for Wayne county (Item YY); extends the expiration of the authorization to the county of Wyoming to impose an additional one percent sales and compensating use tax (Item ZZ); extends the authorization of the county of Yates to impose an additional one percent of sales and compensating use taxes (Item AAA); extends the authorization of the city of Oswego to impose an additional tax rate of sales and compensating use taxes (Item BBB); authorizes the city of Yonkers to impose additional sales tax (Item CCC); extends the authorization of the city of New Rochelle to impose an additional sales and compensating use tax (Item DDD); revises the period of authorization for the county of Westchester's additional one percent rate of sales and compensating use tax and the expiration of the Westchester county spending limitation act; relates to the method of disposition of sales and compensating use tax revenue in Westchester county and enacting the Westchester county spending limitation act, in relation to revising the period of authorization for the county of Westchester's additional one percent rate of sales; authorizes the county of Westchester to impose an additional rate of sales and compensating use tax, in relation to extending the authorization for the county of Westchester impose an additional tax rate of sales and compensating use taxes (Item EEE)(Subpart C); extends the authority of the county of Nassau to impose hotel and motel taxes in Nassau county; relates to hotel and motel taxes in Nassau county and a surcharge on tickets to places of entertainment in such county (Item A); increases hotel/motel taxes in Chautauqua county (Item B); extends the expiration of the authority granted to the county of Suffolk to impose hotel and motel taxes (Item C); relates to enabling the county of Albany to impose and collect taxes on occupancy of hotel or motel rooms in Albany county relating to revenues received from the collection of hotel or motel occupancy taxes (Item D) (Subpart D); authorizes the county of Schoharie to impose a county recording tax on obligation secured by a mortgage on real property (Item A); authorizes the county of Hamilton to impose a county recording tax on obligations secured by mortgages on real property (Item B); relates to the mortgage recording tax in the county of Fulton (Item C); extends the expiration of the mortgage recording tax imposed by the city of Yonkers (Item D); authorizes the county of Cortland to impose an additional mortgage recording tax (Item E); authorizes the county of Genesee to impose a county recording tax on obligation secured by a mortgage on real property (Item F); authorizes the county of Yates to impose a county recording tax on obligations secured by a mortgage on real property (Item G); relates to the mortgage recording tax in the county of Steuben (Item H); authorizes the county of Albany to impose a county recording tax on obligations secured by a mortgage on real property (Item I); authorizes the county of Greene to impose an additional mortgage recording tax (Item L); authorizes the county of Warren to impose an additional mortgage recording tax (Item M); authorizes the county of Herkimer to impose a county recording tax on obligation secured by a mortgage on real property (Item N)(Subpart E); imposes an additional real estate transfer tax within the county of Columbia (Subpart F); relates to the imposition of certain taxes in the city of New York, in relation to postponing the expiration of certain tax rates and taxes in the city of New York (Subpart G); relates to exemptions from sales and use taxes, in relation to extending certain provisions thereof; extends certain provisions relating to specially eligible premises and special rebates; extends certain provisions relating to exemptions and deductions from base rent; extends certain provisions relating to eligibility periods and requirements; extends certain provisions relating to eligibility periods and requirements, benefit periods and applications for abatements; extends certain provisions relating to a special reduction in determining the taxable base rent (Item A); extends the expiration of the solar electric generating system and the electric energy storage equipment tax abatement (Item B); authorizes reimbursements for expenditures made by or on behalf of social services districts for medical assistance for needy persons and administration thereof (Item C); repeals certain provisions of the state finance law relating to the motorcycle safety fund (Item D); relates to catastrophic or reinsurance coverage issued to certain small groups, relates to catastrophic or reinsurance coverage issued to certain small groups (Item E)(Subpart H)(Part XXX); relates to the disclosure of certain records by the commissioner of motor vehicles (Part YYY); relates to public financing for state office; establishes the New York state campaign finance fund; establishes the NYS campaign finance fund check-off (Part ZZZ)
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S07508 Actions:

BILL NOS07508B
 
01/22/2020REFERRED TO FINANCE
02/22/2020AMEND (T) AND RECOMMIT TO FINANCE
02/22/2020PRINT NUMBER 7508A
04/01/2020AMEND (T) AND RECOMMIT TO FINANCE
04/01/2020PRINT NUMBER 7508B
04/01/2020ORDERED TO THIRD READING CAL.635
04/01/2020MESSAGE OF NECESSITY - 3 DAY MESSAGE
04/01/2020PASSED SENATE
04/01/2020DELIVERED TO ASSEMBLY
04/01/2020referred to ways and means
04/02/2020substituted for a9508b
04/02/2020ordered to third reading rules cal.21
04/02/2020message of necessity - 3 day message
04/02/2020passed assembly
04/02/2020returned to senate
04/03/2020DELIVERED TO GOVERNOR
04/03/2020SIGNED CHAP.58
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S07508 Committee Votes:

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S07508 Floor Votes:

DATE:04/02/2020Assembly Vote  YEA/NAY: 81/60
AbbateYCrespoYGalefYLiftonYPeoples-StokesYSmithNO
AbinantiYCrouchNOGanttERLiPetriNOPerryYSmullenNO
ArroyoYCruzNOGarbarinoNOLupardoYPheffer AmatoYSolagesY
AshbyNOCusickNOGiglioNOMagnarelliYPichardoYStecNO
AubryYCymbrowitzYGlickYMalliotakisNOPretlowYSteckNO
BarclayNODarlingYGoodellNOManktelowNOQuartYSternY
BarnwellYDavilaYGottfriedYMcDonaldYRaNOStirpeY
BarrettYDe La RosaYGriffinYMcDonoughNORamosYTagueNO
BarronNODenDekkerYGuntherNOMcMahonNOReillyNOTaylorY
BenedettoYDeStefanoNOHawleyNOMikulinNOReyesNOThieleY
BichotteYDickensYHevesiYMill B ERRichardsonERVanelNO
BlakeYDilanYHunterYMill MGYRiveraYWalczykNO
BlankenbushNODinowitzYHyndmanYMill MLNORodriguezYWalkerY
BrabenecNODiPietroNOJacobsonYMontesanoNORose D YWallaceNO
BraunsteinYD'UrsoYJaffeeYMorinelloNORose L YWalshNO
BronsonYEichensteinYJean-PierreYMosleyNORozicYWeinsteinY
BuchwaldYEnglebrightYJohnsNONiouNORyanYWeprinAB
BurkeNOEpsteinNOJonesNONolanYSalkaNOWilliamsY
ButtenschonYFahyYJoynerYNorrisNOSantabarbaraNOWoernerNO
ByrneNOFallYKimNOO'DonnellYSayeghYWrightY
ByrnesNOFernandezNOKolbNOOrtizYSchimmingerERZebrowskiY
CahillYFinchERLalorNOOtisYSchmittNOMr SpkrY
CarrollNOFitzpatrickNOLavineYPalmesanoNOSeawrightY
ColtonYFriendNOLawrenceNOPalumboNOSimonY
CookYFrontusYLentolYPaulinYSimotasNO

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S07508 Memo:

Memo not available
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S07508 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7508--B                                            A. 9508--B
 
                SENATE - ASSEMBLY
 
                                    January 22, 2020
                                       ___________
 
        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
 
        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
 
        AN ACT to amend the highway law and the transportation law, in  relation
          to  consolidated  local highway assistance payments (Part A); to amend
          the vehicle and traffic law in relation to  penalties  for  commercial
          vehicles  on parkways and penalties for over-height vehicles (Part B);
          to amend the vehicle and traffic law, in relation to  the  display  of
          amber  and  blue  lights  on  safety service patrol vehicles (Part C);
          intentionally omitted (Part D); to amend the vehicle and traffic  law,
          in relation to the maximum dimension of certain vehicles proceeding to
          and  from  the New York state thruway authority (Part E); to amend the
          public authorities law, in relation to  agreements  for  fiber  optics
          (Part  F);  intentionally  omitted  (Part G); to amend the vehicle and
          traffic law, in relation to  penalties  for  unlicensed  operation  of
          ground  transportation  to  and  from  airports (Part H); to amend the
          public authorities law, in relation to setting the aggregate principal
          amount of bonds the Metropolitan  transit  authority,  the  Triborough
          bridge  and  tunnel  authority and the New York city transit authority
          can issue (Part I); intentionally omitted (Part J); to  amend  chapter
          54  of the laws of 2016 amending the general municipal law relating to
          the New York transit authority  and  the  metropolitan  transportation
          authority,  in  relation  to extending authorization for tax increment
          financing for the  metropolitan  transportation  authority  (Part  K);
          intentionally omitted (Part L); intentionally omitted (Part M); inten-
          tionally  omitted  (Part  N);  intentionally  omitted (Part O); inten-
          tionally omitted (Part P); intentionally omitted (Part  Q);  to  amend
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12673-03-0

        S. 7508--B                          2                         A. 9508--B

          chapter 21 of the laws of 2003, amending the executive law relating to
          permitting  the secretary of state to provide special handling for all
          documents filed or issued by  the  division  of  corporations  and  to
          permit  additional  levels  of  such expedited service, in relation to
          extending the effectiveness thereof (Part R);  to  amend  the  general
          business law, in relation to prohibiting pricing of goods and services
          on  the  basis  of gender (Part S); intentionally omitted (Part T); to
          amend the state law, in relation to making changes to the arms of  the
          state  (Part U); to amend the executive law, the real property law and
          the general business law, in relation to qualifications  for  appoint-
          ment  and  employment  (Part  V);  to  amend the real property law, in
          relation to home inspection professional licensing  (Part  W);  inten-
          tionally  omitted  (Part X); 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  Y);  intentionally  omitted
          (Part Z); intentionally omitted (Part AA); intentionally omitted (Part
          BB);  to  amend  chapter  584 of the laws of 2011, amending the public
          authorities law relating to the powers and  duties  of  the  dormitory
          authority  of  the  state of New York relative to the establishment of
          subsidiaries for certain purposes, in relation  to  the  effectiveness
          thereof  (Part  CC);  to  amend  the infrastructure investment act, in
          relation to requiring certain contracts to comply  with  service-disa-
          bled veteran-owned business enterprises, negotiating prices in certain
          lump-sum  contracts, referencing certain sections of law and providing
          for a date of repeal (Part DD); to amend  the  New  York  state  urban
          development corporation act, in relation to extending the authority of
          the  New  York  state  urban development corporation to administer the
          empire state economic development fund (Part EE); to amend chapter 393
          of the laws of 1994 amending the  New  York  state  urban  development
          corporation  act,  relating  to the powers of the New York state urban
          development corporation to make loans, in relation  to  extending  the
          general  loan  powers  of  the New York state urban development corpo-
          ration (Part FF); to amend the economic development law,  in  relation
          to economic transformation program eligibility (Part GG); to authorize
          the  New  York  state  energy  research  and  development authority to
          finance a portion of  its  research,  development  and  demonstration,
          policy  and  planning,  and Fuel NY program, as well as climate change
          related expenses of the department of environmental  conservation  and
          the  department  of  agriculture and markets' Fuel NY program, from an
          assessment on gas and electric corporations (Part HH);  to  amend  the
          labor  law,  in  relation  to the definition of farm laborer and labor
          practices for farm laborers (Part II); to amend the general  municipal
          law,  in  relation  to  procurement procedures for school districts in
          relation to New York state products (Part JJ);  to  amend  the  public
          authorities  law, in relation to the water pollution control revolving
          fund and the drinking water revolving fund  (Part  KK);  intentionally
          omitted (Part LL); to amend the financial services law, in relation to
          student  debt  consultants (Part MM); intentionally omitted (Part NN);
          intentionally omitted (Part OO); to amend the environmental  conserva-
          tion  law,  in  relation  to  expanded  polystyrene foam container and
          polystyrene loose fill packaging ban; to amend the state finance  law,
          in  relation to moneys collected for violations of the expanded polys-

        S. 7508--B                          3                         A. 9508--B
 
          tyrene  foam  container  and  polystyrene loose   fill packaging  ban;
          and  providing  for  the  repeal of certain provisions upon expiration
          thereof (Part PP); authorizing the  creation  of  state  debt  in  the
          amount  of three billion dollars, in relation to creating the environ-
          mental bond act of 2020 "restore mother nature" for  the  purposes  of
          environmental  improvements  that  preserve,  enhance, and restore New
          York's natural resources and reduce the impact of climate change;  and
          providing  for  the submission to the people of a proposition or ques-
          tion therefor to be voted upon at the general election to be  held  in
          November,  2020 (Part QQ); to amend the environmental conservation law
          and the state finance law, in relation to the  implementation  of  the
          environmental  bond  act  of  2020  "restore mother nature" (Part RR);
          intentionally omitted (Part SS); intentionally omitted (Part  TT);  to
          authorize  the county of Nassau, to permanently and temporarily convey
          certain  easements  and  to  temporarily  alienate  certain  parklands
          (Subpart  A);  to  authorize  the  village of East Rockaway, county of
          Nassau, to permanently and temporarily convey certain easements and to
          temporarily alienate certain parklands (Subpart B); and  to  authorize
          the  village of Rockville Centre, county of Nassau, to permanently and
          temporarily convey  certain  easements  and  to  temporarily  alienate
          certain  parklands  (Subpart C) (Part UU); intentionally omitted (Part
          VV); to amend the  environmental  conservation  law,  in  relation  to
          banning  fracking  (Part WW); to amend the vehicle and traffic law, in
          relation to bicycles with electric assist and electric scooters  (Part
          XX); to amend chapter 62 of the laws of 2003, amending the vehicle and
          traffic  law and other laws relating to increasing certain motor vehi-
          cle transaction fees, in relation to the effectiveness thereof; and to
          amend chapter 84 of the laws of 2002, amending the state  finance  law
          relating to the costs of the department of motor vehicles, in relation
          to the effectiveness thereof (Part YY); to amend the vehicle and traf-
          fic  law,  in  relation to the acceptance of applications for accident
          prevention and pre-licensing internet courses; and  to  amend  chapter
          751  of  the  laws of 2005, amending the insurance law and the vehicle
          and traffic law  relating  to  establishing  the  accident  prevention
          course  internet  technology  pilot program, in relation to the effec-
          tiveness thereof (Part ZZ); intentionally omitted (Part  AAA);  inten-
          tionally  omitted (Part BBB); intentionally omitted (Part CCC); inten-
          tionally omitted (Part DDD); to amend the New York Buy  American  Act,
          in relation to the report to be provided and to making such provisions
          permanent  (Part EEE); to amend the labor law, in relation to prevail-
          ing wage requirements (Part FFF); intentionally  omitted  (Part  GGG);
          intentionally  omitted  (Part  HHH); to amend the New York state urban
          development corporation act, in relation to the corporations' authori-
          zation to provide financial  and  technical  assistance  to  community
          development  financial  institutions  (Part  III); to amend the public
          service law, the executive law, the public authorities law, the  envi-
          ronmental  conservation  law and the state finance law, in relation to
          accelerating the growth of renewable energy facilities to  meet  crit-
          ical  state  energy policy goals; and providing for the repeal of such
          provisions upon expiration thereof (Part JJJ); to amend  the  economic
          development law, in relation to extending the application deadline for
          businesses  to  participate  in the START-UP NY program (Part KKK); to
          amend the public authorities  law,  in  relation  to  authorizing  the
          metropolitan  transportation authority to borrow money and issue nego-
          tiable notes, bonds or other obligations to offset decreases in reven-
          ue; and providing for the repeal of certain provisions upon expiration

        S. 7508--B                          4                         A. 9508--B
 
          thereof (Part LLL); to amend the public authorities law,  in  relation
          to  the  central business district tolling lockbox fund (Part MMM); to
          amend the mental hygiene law, in relation to admission to  residential
          treatment  facilities  (RTF)  for  children  and  youth (Part NNN); to
          authorize the transfer of certain office of mental health employees to
          the secure treatment rehabilitation center (Part OOO);  to  amend  the
          mental  hygiene  law,  in relation to the amount of time an individual
          may be held for emergency observation, care, and treatment in CPEP and
          the implementation of satellite sites; to amend  chapter  723  of  the
          laws  of  1989 amending the mental hygiene law and other laws relating
          to comprehensive psychiatric emergency programs, in  relation  to  the
          effectiveness  of certain provisions thereof; and to repeal paragraphs
          4 and 8 of subdivision (a) and subdivision (i) of section 31.27 of the
          mental hygiene law, relating thereto (Part PPP); to amend  the  insur-
          ance  law,  in  relation  to  penalties  relating to mental health and
          substance use disorder parity compliance requirements;  and  to  amend
          the state finance law and the public health law, in relation to estab-
          lishing  the  behavioral  health parity compliance fund (Part QQQ); to
          amend the mental hygiene law, the social services law and  the  public
          health  law,  in relation to providers of service (Part RRR); to amend
          education law and other laws relating to applied behavior analysis, in
          relation to extending the expiration  of  certain  provisions  thereof
          (Part  SSS); to amend part Q of chapter 59 of the laws of 2016, amend-
          ing the mental hygiene law relating to the closure or  transfer  of  a
          state-operated  individualized residential alternative, in relation to
          the effectiveness thereof (Part TTT); to amend the state finance  law,
          in  relation  to providing funding for the Metropolitan Transportation
          Authority  2020-2024  capital  program   and   paratransit   operating
          expenses;  and  providing  for  the  repeal of certain provisions upon
          expiration thereof (Part UUU); to amend the public authorities law, in
          relation  to  acquisitions  or  transfers  of  property  for   transit
          projects;  and  providing  for  the repeal of such provisions upon the
          expiration thereof (Part VVV); to amend the tax law and  the  adminis-
          trative  code  of the city of New York, in relation to decoupling from
          certain federal tax changes (Part WWW); to amend chapter  492  of  the
          laws  of  1993  amending the local finance law relating to installment
          loans and obligations evidencing installment  loans,  in  relation  to
          extending  the effectiveness thereof (Item A); to amend chapter 581 of
          the laws of 2005 amending the local finance law relating to  statutory
          installment  bonds, in relation to extending the effectiveness thereof
          (Item B); to amend chapter 629 of the laws of 2005, amending the local
          finance law relating to refunding bonds, in relation to extending  the
          effectiveness  thereof  (Item  C); to amend chapter 307 of the laws of
          2005, amending the public authorities  law  relating  to  the  special
          powers  of the New York state environmental facilities corporation, in
          relation to extending the effectiveness thereof (Item D); to amend the
          environmental conservation law, in relation to extending the authority
          of the department of environmental conservation to manage Atlantic and
          shortnose sturgeon (Item E); to amend the  environmental  conservation
          law, in relation to extending the authority of the department of envi-
          ronmental  conservation  to manage Atlantic Cod (Item F); to amend the
          environmental conservation law, in relation to extending the authority
          of the department of environmental  conservation  to  manage  Atlantic
          herring  (Item  G);  to  amend  the environmental conservation law, in
          relation to extending the authority of the department of environmental
          conservation to manage black sea bass (Item H); to amend the  environ-

        S. 7508--B                          5                         A. 9508--B
 
          mental conservation law, in relation to extending the authority of the
          department   of   environmental   conservation   to   manage  blueback
          herring(Item I); to  amend  the  environmental  conservation  law,  in
          relation to extending the authority of the department of environmental
          conservation  to  manage  crabs  (Item  J); to amend the environmental
          conservation law, in  relation  to  extending  the  authority  of  the
          department  of  environmental  conservation  to restrict the taking of
          fish, shellfish and crustacea in special management areas (Item K); to
          amend the environmental conservation law, in relation to extending the
          authority of the department of environmental conservation to manage of
          fluke-summer flounder (Item L); to amend the  environmental  conserva-
          tion  law, in relation to extending the authority of the department of
          environmental conservation to manage scup (Item M); to amend the envi-
          ronmental conservation law, in relation to extending the authority  of
          the  department  of  environmental conservation to manage sharks (Item
          N); to amend  the  environmental  conservation  law,  in  relation  to
          extending  the  authority of the department of environmental conserva-
          tion to manage squid (Item O); to amend the environmental conservation
          law, in relation to extending the authority of the department of envi-
          ronmental conservation to manage whelk and conch (Item  P);  to  amend
          the  environmental  conservation  law,  in  relation  to extending the
          authority of the department of environmental  conservation  to  manage
          winter  flounder (Item Q); and to amend the environmental conservation
          law, in relation to commercial fishing licenses (Item  R)(Subpart  A);
          to authorize certain health care professionals licensed to practice in
          other  jurisdictions  to  practice in this state in connection with an
          event sanctioned by the World Triathlon Corporation; and providing for
          the repeal of such provisions upon expiration  thereof  (Item  A);  to
          amend chapter 510 of the laws of 2013, authorizing the city of Middle-
          town  to  enter  into a contract to sell or pledge as collateral for a
          loan some or all of the delinquent  liens  held  by  such  city  to  a
          private  party or engage a private party to collect some or all of the
          delinquent tax liens held by it,  in  relation  to  the  effectiveness
          thereof (Item B); redistributing bond volume allocations made pursuant
          to  section  146  of  the  federal tax reform act of 1986, relating to
          allocation of the unified state bond volume ceiling, and enacting  the
          private  activity  bond  allocation act of 2020; and providing for the
          repeal of certain provisions upon  expiration  thereof  (Item  C);  to
          amend chapter 448 of the laws of 2017, amending the canal law relating
          to  the  upstate flood mitigation task force, in relation to extending
          the effectiveness thereof (Item D); intentionally  omitted  (Item  E);
          intentionally omitted (Item F); intentionally omitted (Item G); inten-
          tionally  omitted  (Item  H);  intentionally  omitted (Item I); inten-
          tionally omitted (Item J); to amend chapter 454 of the laws  of  2010,
          amending  the  vehicle and traffic law relating to authorizing a pilot
          residential parking permit system in the city of Albany,  in  relation
          to  the  effectiveness  thereof  (Item K); to amend chapter 465 of the
          laws of 1994, amending chapter 285 of the laws  of  1891  relating  to
          charging  a  fee  for  admission  to the New York Botanical Garden, in
          relation to the effectiveness thereof (Item L); to amend  chapter  414
          of the laws of 2018, creating the radon task force, in relation to the
          reporting  date  and  effectiveness thereof (Item M); to amend chapter
          435 of the laws of 2014 amending the  environmental  conservation  law
          relating  to defining spearguns and allowing recreational spearfishing
          in New York's marine and coastal waters, in relation to extending  the
          effectiveness  thereof  (Item  N); to amend chapter 330 of the laws of

        S. 7508--B                          6                         A. 9508--B
 
          2014, amending the environmental conservation law relating to  aquatic
          invasive species, spread prevention, and penalties, in relation to the
          effectiveness  thereof  (Item  O); to amend chapter 104 of the laws of
          2005, enacting the September 11th worker protection task force act, in
          relation  to  extending  the  expiration  of such chapter (Item P); to
          amend chapter 266 of the laws of 1981, amending the civil practice law
          and rules relating to time limitations, in relation to extending  time
          limitations  for certain actions (Item Q); to amend chapter 455 of the
          laws of 1997 amending the New York city civil court act and the  civil
          practice  law and rules relating to authorizing New York city marshals
          to exercise the same functions, powers and  duties  as  sheriffs  with
          respect  to the execution of money judgments, in relation to extending
          the effectiveness of such chapter (Item R); to amend  chapter  490  of
          the  laws  of  2017  amending  the insurance law relating to limits on
          certain  supplementary  insurance,  in  relation  to   extending   the
          provisions  thereof  (Item  S);  to  amend  the  local finance law, in
          relation to the sale of municipal obligations by the  county  of  Erie
          (Item T); to amend chapter 846 of the laws of 1970, amending the coun-
          ty  law relating to payment in lieu of taxes for property acquired for
          park or recreational purposes, in relation to extending  the  term  of
          effectiveness  of  such  chapter (Item U); to amend chapter 821 of the
          laws of 1970 amending the town law relating  to  payment  in  lieu  of
          taxes  for  property acquired for park or recreational purposes by the
          town of Hempstead, in relation to the term of  effectiveness  of  such
          chapter  (Item  V);  to amend chapter 20 of the laws of 1998, amending
          the education law  relating  to  the  provision  of  physical  therapy
          assistant  services  in  public  and  private  primary  and  secondary
          schools, in relation to extending the effectiveness  of  such  chapter
          (Item  W);  to  amend  chapter  549  of the laws of 1994, amending the
          public authorities law relating to the membership composition  of  the
          metropolitan  transportation authority board, in relation to extending
          the effectiveness of such provisions (Item X); to amend chapter 62  of
          the  laws  of 2003, amending the public service law relating to estab-
          lishing the New  York  telecommunications  relay  service  center,  in
          relation  to  extending certain provisions of such center (Item Y); to
          amend chapter 55 of the laws of 2014, amending the real  property  tax
          law relating to the tax abatement and exemption for rent regulated and
          rent  controlled  property occupied by senior citizens, in relation to
          the effectiveness thereof; and to amend chapter 129  of  the  laws  of
          2014, amending the real property tax law relating to the tax abatement
          and exemption for rent regulated and rent controlled property occupied
          by persons with disabilities, in relation to the effectiveness thereof
          (Item  Z); to amend chapter 427 of the laws of 2017 amending the state
          technology law relating to the creation of a state  information  tech-
          nology  innovation  center,  in  relation  to extending the provisions
          thereof (Item AA); to amend chapter 606 of the laws of  2006  amending
          the  volunteer  firefighters'  benefit  law  relating  to  creating  a
          presumption relating to certain lung disabilities incurred  by  volun-
          teer  firefighters,  in  relation to the effectiveness of such chapter
          (Item BB); to amend chapter 668 of the  laws  of  1977,  amending  the
          volunteer  firefighters'  benefit  law  relating  to disability due to
          disease or malfunction of the heart or coronary arteries, in  relation
          to  extending  the  expiration  of such provisions (Item CC); to amend
          chapter 217 of the laws of 2015, amending the education  law  relating
          to  certified  school psychologists and special education services and
          programs for  preschool  children  with  handicapping  conditions,  in

        S. 7508--B                          7                         A. 9508--B
 
          relation  to the effectiveness thereof (Item DD); to amend chapter 192
          of the laws of 2011,  relating  to  authorizing  certain  health  care
          professionals  licensed to practice in other jurisdictions to practice
          in  this state in connection with an event sanctioned by New York Road
          Runners, in relation to extending the provisions thereof (Item EE); to
          amend chapter 378 of the laws  of  2010  amending  the  education  law
          relating   to  paperwork  reduction,  in  relation  to  extending  the
          provisions thereof (Item FF); to  amend  the  local  finance  law,  in
          relation to bonds and notes of the city of Yonkers (Item GG); to amend
          the  local  finance law, in relation to the sale of bonds and notes of
          the city of Buffalo (Item HH); to amend chapter 401  of  the  laws  of
          2002,  amending the real property tax law and the Nassau county admin-
          istrative code relating to assessment and review of assessments in the
          county of Nassau, in relation to extending certain provisions  thereof
          (Item  II);  to  amend  the  insurance  law,  in relation to extending
          provisions of the property/casualty insurance availability  act  (Item
          JJ);  to  amend chapter 548 of the laws of 2004 amending the education
          law relating to certain tuition waivers for police officer students of
          the city  university  of  New  York,  in  relation  to  extending  the
          provisions of such chapter (Item KK); to amend part U of chapter 56 of
          the  laws  of  2018,  amending the education law relating to requiring
          regulations to permit tuition waivers  for  certain  firefighters  and
          fire officers for CUNY, in relation to the effectiveness thereof (Item
          LL);  to  amend  chapter 274 of the laws of 2010 amending the environ-
          mental conservation  law  relating  to  repair  of  damaged  pesticide
          containers,  in  relation  to  the effectiveness thereof (Item MM); to
          amend the environmental conservation law,  in  relation  to  pesticide
          registration time frames and fees; and to amend chapter 67 of the laws
          of  1992,  amending  the  environmental  conservation  law relating to
          pesticide product registration timetables and fees, in relation to the
          effectiveness thereof (Item NN); to amend chapter 130 of the  laws  of
          1998, amending the general municipal law relating to temporary invest-
          ments by local governments, in relation to extending the expiration of
          the  provisions thereof (Item OO); to amend chapter 779 of the laws of
          1986,  amending  the  social  services  law  relating  to  authorizing
          services  for  non-residents in adult homes, residences for adults and
          enriched housing programs, in relation to extending the  effectiveness
          of  certain  provisions  thereof (Item PP); to amend the local finance
          law, in relation to the sale of bonds and notes of  the  city  of  New
          York,  the issuance of bonds or notes with variable rates of interest,
          interest rate exchange agreements of the city of New York, the refund-
          ing of bonds, and the down payment for projects financed by bonds;  to
          amend  the  New York state financial emergency act for the city of New
          York, in relation to a pledge and agreement of the state; and to amend
          chapter 142 of the laws of 2004, amending the local finance law relat-
          ing to interest rate exchange agreements of the city of New  York  and
          refunding bonds of such city, in relation to the effectiveness thereof
          (Item QQ); to amend the racing, pari-mutuel wagering and breeding law,
          in  relation  to certain payments to the horsemen's organization (Item
          RR); to amend chapter 237 of the laws of 2015 amending  the  judiciary
          law,  the  civil practice law and rules and other laws relating to use
          of electronic means for the  commencement  and  filing  of  papers  in
          certain  actions  and  proceedings,  in  relation to the effectiveness
          thereof (Item SS); to amend chapter 890 of the laws of 1982,  relating
          to the establishment of certain water charges for hospitals and chari-
          ties  in New York city, in relation to the effectiveness thereof (Item

        S. 7508--B                          8                         A. 9508--B

          TT); to amend chapter 573 of the laws of 2011, amending the correction
          law relating to the boarding of out of state inmates at local  correc-
          tional  facilities,  in  relation  to  extending the expiration of the
          provisions  thereof (Item UU); to amend chapter 29 of the laws of 2011
          amending the executive law and other laws relating to the adoption  of
          the  interstate  compact  for  juveniles  by the state of New York, in
          relation to the effectiveness thereof (Item VV); to amend chapter  363
          of  the  laws of 2010, amending the judiciary law relating to granting
          the chief administrator of the courts the authority to allow  referees
          to  determine  applications  for orders of protection during the hours
          family court is in session, in relation to the expiration date thereof
          (Item WW); to amend the economic development law, in  relation  to  an
          advisory  panel  on  employee-owned enterprises within the division of
          small business services; and to amend chapter 435 of the laws of  2017
          amending  the  economic  development  law, relating to establishing an
          advisory panel on employee-owned enterprises within  the  division  of
          small  business  services,  in  relation  to the effectiveness thereof
          (Item XX); to amend chapter 522 of the  laws  of  2000,  amending  the
          state  finance law and the general business law relating to establish-
          ing the underground facilities safety training account, in relation to
          the effectiveness thereof (Item YY); to amend chapter 141 of the  laws
          of  2014  amending  the    environmental  conservation law relating to
          authorizing the hunting of   big game in the  county  of  Albany  with
          rifles,  in  relation to the effectiveness thereof (Item ZZ); to amend
          chapter 396 of the  laws  of  2010  amending  the  alcoholic  beverage
          control  law  relating  to  liquidator's  permits and temporary retail
          permits, in relation to the effectiveness of certain provisions there-
          of (Item AAA); to amend chapter 473 of the laws of 2010  amending  the
          racing, pari-mutuel wagering and breeding law relating to the New York
          state  thoroughbred  breeding and development fund, in relation to the
          effectiveness thereof (Item BBB); to amend chapter 451 of the laws  of
          2012,  amending  the  labor  law relating to permitted deductions from
          wages, in relation to extending the effectiveness of  such  provisions
          (Item  CCC);  to  amend  chapter  456  of the laws of 2018 relating to
          establishing the digital currency task force, in relation to extending
          the provisions of such chapter (Item DDD); to amend chapter 548 of the
          laws of 2010, amending the New York city charter relating to authoriz-
          ing the city of New York to sell  to  abutting  property  owners  real
          property  owned  by  such  city, consisting of tax lots that cannot be
          independently developed due to  the  size,  shape,  configuration  and
          topography of such lots and the zoning regulations applicable thereto,
          in  relation to the effectiveness thereof (Item EEE); to amend chapter
          402 of the laws of 1994, amending the state  administrative  procedure
          act  relating to requiring certain agencies to submit regulatory agen-
          das for publication in the state register, in relation to  the  effec-
          tiveness  thereof (Item FFF); to amend chapter 378 of the laws of 2014
          amending the environmental conservation law relating to the taking  of
          sharks,  in  relation  to  the expiration thereof (Item GGG); to amend
          chapter 306 of the laws of 2011,  authorizing  owners  of  residential
          real  property  in high risk brush fire areas in the borough of Staten
          Island to cut and remove reeds from their  property,  in  relation  to
          extending  the  expiration  and  repeal date thereof for an additional
          year (Item HHH); to amend chapter 110 of the laws of 2019, relating to
          creating a temporary state commission to study and investigate how  to
          regulate artificial intelligence, robotics and automation, in relation
          to  the  effectiveness  thereof (Item III); to amend the real property

        S. 7508--B                          9                         A. 9508--B
 
          tax law, in relation to the determination of adjusted base proportions
          in special assessing units which are cities (Item JJJ); to  amend  the
          real  property  tax  law,  in relation to extending limitations on the
          shift  between  classes of taxable property in the town of Orangetown,
          county of Rockland (Item KKK); to amend the real property tax law,  in
          relation  to  extending  limitations  on  the shift between classes of
          taxable property in the town of Clarkstown, county of  Rockland  (Item
          LLL);  to  amend  the  real  property tax law, in relation to allowing
          certain special assessing units other  than  cities  to  adjust  their
          current  base  proportions,  adjusted  base proportions for assessment
          rolls, and the base proportion in approved assessing units  in  Nassau
          county  (Item MMM); to amend the general municipal law and the retire-
          ment and social  security  law,  in  relation  to  increasing  certain
          special  accidental death benefits (Item NNN); to amend chapter 633 of
          the laws of 2006, amending the public health law relating to the  home
          based  primary care for the elderly demonstration project, in relation
          to the effectiveness thereof (Item OOO); to amend chapter 329  of  the
          laws  of  2015  amending  the  vehicle and traffic law relating to the
          residential parking system in the village of Dobbs Ferry in the county
          of Westchester, in relation to the effectiveness thereof  (Item  PPP);
          to  amend  chapter  383  of the laws of 1991, relating to the incorpo-
          ration of the New York Zoological Society, in  relation  to  extending
          the  expiration  date of free one day admission to the zoological park
          (Item QQQ); to amend  the  real  property  tax  law,  in  relation  to
          increasing the average assessed value threshold and to eligibility for
          J-51  tax  abatements  (Item RRR); to amend chapter 831 of the laws of
          1981, amending the labor law relating to fees and  expenses  in  unem-
          ployment insurance proceedings, in relation to the effectiveness ther-
          eof  (Item  SSS); to amend the insurance law, in relation to extending
          authorization for certain exemptions from  filing  requirements  (Item
          TTT); and to amend the tax law and the administrative code of the city
          of New York, in relation to extending the tax rate reduction under the
          New  York  state  real  estate transfer tax and the New York city real
          property transfer tax for conveyances of  real  property  to  existing
          real  estate  investment funds (Item UUU)(Subpart B); to amend the tax
          law, in relation to the imposition of sales and compensating use taxes
          by the county of Albany (Item A); to amend the tax law, in relation to
          extending the expiration of the provisions authorizing the  county  of
          Allegany  to  impose  an additional one and one-half percent sales and
          compensating use taxes (Item B); to amend the tax law, in relation  to
          extending the authorization of the county of Broome to impose an addi-
          tional  one  percent  of sales and compensating use taxes (Item C); to
          amend the  tax  law,  in  relation  to  extending  the  expiration  of
          provisions  authorizing  the  county of Cattaraugus to impose an addi-
          tional one percent of sales and compensating  use  tax  (Item  D);  to
          amend  the  tax law, in relation to extending the authorization of the
          county of Cayuga to impose an additional  one  percent  of  sales  and
          compensating  use taxes (Item E); to amend the tax law, in relation to
          authorizing Chautauqua county to impose an additional one percent rate
          of sales and compensating use taxes (Item F); to amend the tax law, in
          relation to extending the authorization of the county  of  Chemung  to
          impose  an  additional one percent of sales and compensating use taxes
          (Item G); to amend the tax law, in relation to extending the authority
          of Chenango county to impose additional taxes (Item H); to  amend  the
          tax  law, in relation to extending the expiration of the authorization
          granted to the county of Clinton to impose an additional rate of sales

        S. 7508--B                         10                         A. 9508--B
 
          and compensating use tax (Item I); to amend the tax law,  in  relation
          to  sales  and  compensating  use  tax in Columbia county (Item J); to
          amend the tax law, in relation  to  extending  the  authorization  for
          imposition of additional sales tax in the county of Cortland (Item K);
          to  amend  the  tax law, in relation to extending the authorization of
          the county of Delaware to impose an additional one  percent  of  sales
          and compensating use taxes (Item L); to amend the tax law, in relation
          to  sales  and  compensating  use  tax in Dutchess county (Item M); to
          amend the tax law, in relation to the imposition of  additional  rates
          of  sales and compensating use taxes by Erie county (Item N); to amend
          the tax law, in relation to extending the authorization granted to the
          county of Essex to impose an  additional  one  percent  of  sales  and
          compensating  use taxes (Item O); to amend the tax law, in relation to
          extending the expiration of the authority granted  to  the  county  of
          Franklin to impose an additional one percent of sales and compensating
          use  taxes  (Item P); to amend the tax law, in relation to the imposi-
          tion of additional sales and compensating use  tax  in  Fulton  county
          (Item  Q);  to amend the tax law, in relation to extending the expira-
          tion of the authorization to the county of Genesee to impose an  addi-
          tional  one  percent  of sales and compensating use taxes (Item R); to
          amend the tax law, in relation  to  extending  the  authorization  for
          imposition  of  additional  sales and compensating use taxes in Greene
          county (Item S); to amend the tax law, in relation  to  extending  the
          authorization  of  the  county of Hamilton to impose an additional one
          percent of sales and compensating use taxes (Item T); to amend the tax
          law, in relation to extending the period during which  the  county  of
          Herkimer is authorized to impose additional sales and compensating use
          taxes  (Item  U); to amend the tax law, in relation to authorizing the
          county of Jefferson to impose additional sales tax (Item V); to  amend
          the  tax law, in relation to authorizing the county of Lewis to impose
          an additional one percent of sales and compensating  use  taxes  (Item
          W);  to  amend  the  tax law, in relation to authorizing the county of
          Livingston to impose an additional one percent sales tax (Item X);  to
          amend  the  tax law, in relation to extending the authorization of the
          county of Madison to impose an additional rate of sales and compensat-
          ing use taxes (Item Y); to amend the tax law, in relation to the impo-
          sition of sales and compensating use taxes by  the  county  of  Monroe
          (Item Z); to amend the tax law, in relation to the imposition of sales
          and  compensating  use  taxes in Montgomery county (Item AA); to amend
          the tax law, in relation to extending the authority of the  county  of
          Nassau  to  impose  additional  sales  and compensating use taxes, and
          extending local government assistance programs in Nassau county  (Item
          BB);  to  amend  the  tax  law, in relation to continuing to authorize
          Niagara county to impose an additional rate of sales and  compensating
          use  taxes (Item CC); to amend the tax law, in relation to authorizing
          Oneida county to impose additional rates of sales and compensating use
          taxes and providing for allocation and distribution of  a  portion  of
          net collections from such additional rates (Item DD); to amend the tax
          law, in relation to extending the authorization of the county of Onon-
          daga  to impose an additional rate of sales and compensating use taxes
          (Item EE); to amend the tax law, in relation to extending the authori-
          zation for Ontario county to impose  additional  rates  of  sales  and
          compensating use taxes (Item FF); to amend the tax law, in relation to
          extending  the  authority  of  the county of Orange to impose an addi-
          tional rate of sales and compensating use taxes (Item  GG);  to  amend
          the  tax  law,  in  relation  to extending the period during which the

        S. 7508--B                         11                         A. 9508--B
 
          county of Orleans is authorized to impose additional  rates  of  sales
          and  compensating  use  taxes  (Item  HH);  to  amend  the tax law, in
          relation to extending authorization  for  an  additional  one  percent
          sales  and  compensating use tax in the county of Oswego (Item II); to
          amend the tax law, in relation  to  extending  the  authorization  for
          imposition  of additional sales tax in the county of Otsego (Item JJ);
          to amend the tax law, in relation  to  the  imposition  of  sales  and
          compensating use taxes in the county of Putnam (Item KK); to amend the
          tax  law,  in relation to extending the authorization of the county of
          Rensselaer to impose an additional one percent of sales and compensat-
          ing use taxes (Item LL); to amend the tax law, in relation to  author-
          izing the county of Rockland to impose an additional rate of sales and
          compensating use taxes (Item MM); to amend the tax law, in relation to
          extending  the  authority  of  St. Lawrence county to impose sales tax
          (Item NN); to amend the tax law, in  relation  to  the  imposition  of
          sales  and  compensating  use  tax in Schenectady county (Item OO); to
          amend the tax law, in relation  to  extending  the  authorization  for
          imposition  of  additional  sales tax in the county of Schoharie (Item
          PP); to amend the tax law, in relation to extending the  authorization
          of the county of Schuyler to impose an additional one percent of sales
          and  compensating  use  taxes  (Item  QQ);  to  amend  the tax law, in
          relation to extending the expiration of the authorization to the coun-
          ty of Seneca to impose an additional one percent sales and  compensat-
          ing  use tax (Item RR); to amend the tax law, in relation to extending
          the authorization of the county of Steuben to impose an additional one
          percent of sales and compensating use taxes (Item SS);  to  amend  the
          tax  law,  in  relation  to  extending  the authority of the county of
          Suffolk to impose an additional one percent of sales and  compensating
          use  tax  (Item  TT);  to  amend the tax law, in relation to extending
          authorization to impose certain taxes in the county of Sullivan  (Item
          UU);  to amend the tax law, in relation to extending the authorization
          of the county of Tioga to impose an additional one  percent  of  sales
          and  compensating  use  taxes  (Item  VV);  to  amend  the tax law, in
          relation to extending the authorization of the county of  Tompkins  to
          impose  an  additional one percent of sales and compensating use taxes
          (Item WW); to amend the tax law and chapter 200 of the  laws  of  2002
          amending  the  tax  law  relating  to certain tax rates imposed by the
          county of Ulster, in relation to extending the authority of the county
          of Ulster to impose an additional 1 percent sales and compensating use
          tax (Item XX); to amend the tax law,  in  relation  to  extending  the
          additional  one percent sales tax for Wayne county (Item YY); to amend
          the tax law, in relation to extending the expiration of  the  authori-
          zation  to  the  county of Wyoming to impose an additional one percent
          sales and compensating use tax (Item ZZ); to amend  the  tax  law,  in
          relation  to  extending  the  authorization  of the county of Yates to
          impose an additional one percent of sales and compensating  use  taxes
          (Item AAA); to amend the tax law, in relation to extending the author-
          ization  of  the  city  of  Oswego to impose an additional tax rate of
          sales and compensating use taxes (Item BBB); to amend the tax law,  in
          relation to authorizing the city of Yonkers to impose additional sales
          tax; and to amend chapter 67 of the laws of 2015, amending the tax law
          relating to authorizing the city of Yonkers to impose additional sales
          tax,  in relation to extending provisions relating thereto (Item CCC);
          to amend the tax law, in relation to extending  the  authorization  of
          the  city of New Rochelle to impose an additional sales and compensat-
          ing use tax (Item DDD); and to amend  the  tax  law,  in  relation  to

        S. 7508--B                         12                         A. 9508--B
 
          revising  the  period of authorization for the county of Westchester's
          additional one percent rate of sales and compensating use tax and  the
          expiration of the Westchester county spending limitation act; to amend
          chapter  272 of the laws of 1991, amending the tax law relating to the
          method of disposition of sales and compensating  use  tax  revenue  in
          Westchester  county and enacting the Westchester county spending limi-
          tation act, in relation to revising the period  of  authorization  for
          the  county of Westchester's additional one percent rate of sales; and
          to amend chapter 44 of the laws of 2019, amending the tax law relating
          to authorizing the county of Westchester to impose an additional  rate
          of  sales  and  compensating  use  tax,  in  relation to extending the
          authorization for the county of Westchester impose an  additional  tax
          rate  of  sales  and  compensating use taxes (Item EEE)(Subpart C); to
          amend the tax law, in relation to extending the authority of the coun-
          ty of Nassau to impose hotel and motel taxes in Nassau county; and  to
          amend  chapter 179 of the laws of 2000, amending the tax law, relating
          to hotel and motel taxes in Nassau county and a surcharge  on  tickets
          to  places  of  entertainment in such county, in relation to extending
          certain provisions thereof (Item A); to amend chapter 405 of the  laws
          of 2007, amending the tax law relating to increasing hotel/motel taxes
          in  Chautauqua county, in relation to extending the expiration of such
          provisions (Item B); to amend the tax law, in  relation  to  extending
          the  expiration  of  the authority granted to the county of Suffolk to
          impose hotel and motel taxes (Item C); and to amend chapter 105 of the
          laws of 2009, amending chapter 693 of the laws of  1980  enabling  the
          county  of Albany to impose and collect taxes on occupancy of hotel or
          motel rooms in Albany county relating to revenues  received  from  the
          collection  of  hotel  or  motel  occupancy  taxes, in relation to the
          effectiveness thereof (Item D) (Subpart D); to amend  chapter  333  of
          the  laws  of  2006  amending  the tax law relating to authorizing the
          county of Schoharie to impose a county  recording  tax  on  obligation
          secured  by  a mortgage on real property, in relation to extending the
          effectiveness thereof (Item A); to amend chapter 326 of  the  laws  of
          2006,  amending  the  tax  law  relating  to authorizing the county of
          Hamilton to impose a county recording tax on  obligations  secured  by
          mortgages  on  real  property, in relation to extending the expiration
          thereof (Item B); to amend chapter 489 of the laws of  2004,  amending
          the  tax  law  relating to the mortgage recording tax in the county of
          Fulton, in relation to the effectiveness of such chapter (Item C);  to
          amend  the  tax  law,  in  relation to extending the expiration of the
          mortgage recording tax imposed by the city of  Yonkers  (Item  D);  to
          amend chapter 443 of the laws of 2007 amending the tax law relating to
          authorizing  the  county  of Cortland to impose an additional mortgage
          recording tax, in relation to  extending  the  effectiveness  of  such
          provisions  (Item E); to amend chapter 579 of the laws of 2004, amend-
          ing the tax law relating to  authorizing  the  county  of  Genesee  to
          impose  a  county recording tax on obligation secured by a mortgage on
          real property, in relation to extending the provisions of such chapter
          (Item F); to amend chapter 366 of the laws of 2005  amending  the  tax
          law  relating  to  authorizing  the county of Yates to impose a county
          recording tax on obligations secured by a mortgage on  real  property,
          in  relation  to extending the provisions of such chapter (Item G); to
          amend chapter 365 of the laws of 2005, amending the tax  law  relating
          to the mortgage recording tax in the county of Steuben, in relation to
          extending  the  provisions  of such chapter (Item H); to amend chapter
          405 of the laws of 2005 amending the tax law relating  to  authorizing

        S. 7508--B                         13                         A. 9508--B
 
          the  county  of Albany to impose a county recording tax on obligations
          secured by a mortgage on real property, in relation to  extending  the
          effectiveness thereof (Item I); intentionally omitted (Item J); inten-
          tionally  omitted  (Item  K); to amend chapter 218 of the laws of 2009
          amending the tax law relating to authorizing the county of  Greene  to
          impose  an additional mortgage recording tax, in relation to extending
          the effectiveness thereof (Item L); to amend chapter 368 of  the  laws
          of  2008,  amending  the tax law relating to authorizing the county of
          Warren to impose an additional mortgage recording tax, in relation  to
          extending the effectiveness thereof (Item M); and to amend chapter 549
          of  the  laws of 2005 amending the tax law relating to authorizing the
          county of Herkimer to impose a  county  recording  tax  on  obligation
          secured  by a mortgage on real property, in relation to the expiration
          thereof (Item N)(Subpart E); to amend chapter 556 of the laws of  2007
          amending  the  tax  law relating to imposing an additional real estate
          transfer tax within the county of Columbia, in relation to the  effec-
          tiveness thereof (Subpart F); to amend the tax law, the administrative
          code of the city of New York, chapter 877 of the laws of 1975, chapter
          884  of the laws of 1975 and chapter 882 of the laws of 1977, relating
          to the imposition of certain  taxes  in  the  city  of  New  York,  in
          relation  to  postponing the expiration of certain tax rates and taxes
          in the city of New York (Subpart G); and to amend the tax law and part
          C of chapter 2 of the laws of 2005 amending the tax  law  relating  to
          exemptions  from sales and use taxes, in relation to extending certain
          provisions thereof; to amend the general city law and the  administra-
          tive  code  of  the city of New York, in relation to extending certain
          provisions  relating  to  specially  eligible  premises  and   special
          rebates;  to amend the administrative code of the city of New York, in
          relation to extending certain provisions relating  to  exemptions  and
          deductions  from  base  rent;  to  amend the real property tax law, in
          relation to extending certain provisions relating to eligibility peri-
          ods and requirements; to amend the real property tax law, in  relation
          to  extending  certain  provisions relating to eligibility periods and
          requirements, benefit periods and applications for abatements; and  to
          amend  the administrative code of the city of New York, in relation to
          extending certain provisions relating to a special reduction in deter-
          mining the taxable base rent (Item A); to amend the real property  tax
          law,  in  relation  to  extending the expiration of the solar electric
          generating system and the electric energy storage equipment tax abate-
          ment (Item B); to amend chapter 54 of the  laws   of   2016,  amending
          part  C  of  chapter  58  of  the laws of 2005 relating to authorizing
          reimbursements for expenditures made by or   on behalf    of    social
          services districts for medical assistance for needy persons and admin-
          istration  thereof,  in relation to   the  effectiveness thereof (Item
          C); to amend part D of chapter 58 of the laws  of  2016,  relating  to
          repealing  certain provisions of the state finance law relating to the
          motorcycle safety fund, in relation to the  effectiveness  of  certain
          provisions of such part (Item D); and to amend chapter 589 of the laws
          of  2015, amending the insurance law relating to catastrophic or rein-
          surance coverage issued to certain small groups, in  relation  to  the
          effectiveness  thereof;  and to amend chapter 588 of the laws of 2015,
          amending the insurance law relating  to  catastrophic  or  reinsurance
          coverage issued to certain small groups, in relation to the effective-
          ness  thereof  (Item E)(Subpart H)(Part XXX); to amend the vehicle and
          traffic law, in relation to the disclosure of certain records  by  the
          commissioner  of  motor vehicles (Part YYY); and to amend the election

        S. 7508--B                         14                         A. 9508--B

          law, in relation to public financing for state office;  to  amend  the
          state  finance  law,  in  relation  to establishing the New York state
          campaign finance fund; and to amend the tax law, in relation to estab-
          lishing the NYS campaign finance fund check-off (Part ZZZ)
 
          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  which  are  necessary  to  implement  the  state  fiscal  plan  for  the
     3  2020--2021 state fiscal year. Each component is wholly contained  within
     4  a  Part  identified  as Parts A through ZZZ. The effective date for each
     5  particular provision contained within such Part is set forth in the last
     6  section of such Part. Any provision in any section  contained  within  a
     7  Part,  including the effective date of the Part, which makes a reference
     8  to a section "of this act", when used in connection with that particular
     9  component, shall be deemed  to  mean  and  refer  to  the  corresponding
    10  section of the Part in which it is found. Section three of this act sets
    11  forth the general effective date of this act.
 
    12                                   PART A
 
    13    Section 1. Paragraph (e) of subdivision 4 of section 10-c of the high-
    14  way law, as amended by section 2 of subpart B of part C of chapter 97 of
    15  the laws of 2011, is amended to read as follows:
    16    (e)  Funds  allocated  for local street or highway projects under this
    17  subdivision shall be used to undertake work on a project either with the
    18  municipality's own forces or by contract, provided however, that whenev-
    19  er the estimate for the construction contract work exceeds  one  hundred
    20  thousand  dollars but does not exceed [two] three hundred fifty thousand
    21  dollars such work must be performed either with the  municipality's  own
    22  forces  or  by  contract  let  by competitive bid in accordance with the
    23  provisions of section one hundred three of the general municipal law and
    24  provided  further,  however,  that  whenever  the   estimate   for   the
    25  construction  contract  work  exceeds [two] three hundred fifty thousand
    26  dollars such work must be performed by contract let by  competitive  bid
    27  in  accordance  with  the provisions of section one hundred three of the
    28  general municipal law.
    29    § 2. Subdivision 6 of  section  234  of  the  transportation  law,  as
    30  amended  by  chapter  369  of  the  laws  of 1979, is amended to read as
    31  follows:
    32    6. for local street or highway projects, to undertake the work of  the
    33  project either with its own forces or by contract, however, whenever the
    34  estimate  for the construction contract work exceeds three hundred fifty
    35  thousand dollars such work must be performed  by  contract  let  by  the
    36  competitive bid process.
    37    § 3. This act shall take effect immediately.
 
    38                                   PART B
 
    39    Section 1. Subdivisions (g) and (h) of section 1800 of the vehicle and
    40  traffic law, as added by chapter 221 of the laws of 2008, are amended to
    41  read as follows:
    42    (g) Notwithstanding the provisions of subdivisions (b) and (c) of this
    43  section,  a  person convicted of a traffic infraction for a violation of

        S. 7508--B                         15                         A. 9508--B
 
     1  any ordinance, order, rule, regulation or local law adopted pursuant  to
     2  one  or more of the following provisions of this chapter: paragraphs two
     3  and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
     4  subdivision three of section sixteen hundred thirty; or subdivision five
     5  of section seventy-one of the transportation law, prohibiting the opera-
     6  tion  on a highway or parkway of a motor vehicle registered as a commer-
     7  cial vehicle and having a gross  vehicle  weight  rating  of  less  than
     8  [twenty-six]  ten thousand pounds shall, for a first conviction thereof,
     9  be punished by a fine of not more than two hundred fifty dollars  or  by
    10  imprisonment  of  not  more  than  fifteen days or by both such fine and
    11  imprisonment; for a conviction of a second violation, both of which were
    12  committed within a period of  eighteen  months,  such  person  shall  be
    13  punished by a fine of not more than five hundred dollars or by imprison-
    14  ment  for  not more than forty-five days or by both such fine and impri-
    15  sonment; upon a conviction of a third or subsequent  violation,  all  of
    16  which  were  committed  within  a period of eighteen months, such person
    17  shall be punished by a fine of not more than seven hundred fifty dollars
    18  or by imprisonment of not more than ninety days or by both such fine and
    19  imprisonment. Provided, however,  the  provisions  of  this  subdivision
    20  shall not apply to a commercial motor vehicle as such term is defined in
    21  paragraph  (a) of subdivision four of section five hundred one-a of this
    22  chapter.
    23    (h) Notwithstanding the provisions of subdivisions (b) and (c) of this
    24  section, a person convicted of a traffic infraction for a  violation  of
    25  any  ordinance, order, rule, regulation or local law adopted pursuant to
    26  one or more of the following provisions of this chapter:  paragraphs two
    27  and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
    28  subdivision three of section sixteen hundred thirty; or subdivision five
    29  of section seventy-one of the transportation law, prohibiting the opera-
    30  tion  on a highway or parkway of a motor vehicle registered as a commer-
    31  cial vehicle and having a gross vehicle weight rating of  at  least  ten
    32  thousand pounds but no more than twenty-six thousand pounds shall, for a
    33  first  conviction  thereof, be punished by a fine of not more than three
    34  hundred fifty dollars or by imprisonment of not more than  fifteen  days
    35  or  by  both  such  fine  and imprisonment; for a conviction of a second
    36  violation, both of which were committed  within  a  period  of  eighteen
    37  months,  such  person shall be punished by a fine of not more than seven
    38  hundred dollars or by imprisonment for not more than forty-five days  or
    39  by  both  such  fine  and  imprisonment; upon a conviction of a third or
    40  subsequent violation, all of which were committed  within  a  period  of
    41  eighteen  months,  such  person  shall be punished by a fine of not more
    42  than one thousand dollars or by imprisonment of  not  more  than  ninety
    43  days  or  by  both  such  fine  and imprisonment; provided, however, the
    44  provisions of this subdivision shall not apply  to  a  commercial  motor
    45  vehicle  as such term is defined in paragraph (a) of subdivision four of
    46  section five hundred one-a of this chapter.
    47    (i) Notwithstanding the provisions of subdivisions (b) and (c) of this
    48  section, a person convicted of a traffic infraction for a  violation  of
    49  any  ordinance, order, rule, regulation or local law adopted pursuant to
    50  one or more of the following provisions of this chapter: paragraphs  two
    51  and  nine  of  subdivision  (a)  of  section sixteen hundred twenty-one;
    52  subdivision three of section sixteen hundred thirty; or subdivision five
    53  of section seventy-one of the transportation law, prohibiting the opera-
    54  tion on a highway or parkway of a commercial motor vehicle as defined in
    55  paragraph (a) of subdivision four of section five hundred one-a of  this
    56  chapter,  for  a  first conviction thereof, be punished by a fine of not

        S. 7508--B                         16                         A. 9508--B
 
     1  more than [three] seven hundred [fifty] dollars or  by  imprisonment  of
     2  not  more than fifteen days or by both such fine and imprisonment; for a
     3  conviction of a second violation, both of which were committed within  a
     4  period  of  eighteen  months, such person shall be punished by a fine of
     5  not more than [seven] one thousand five hundred dollars or by  imprison-
     6  ment  for  not more than forty-five days or by both such fine and impri-
     7  sonment; upon a conviction of a third or subsequent  violation,  all  of
     8  which  were  committed  within  a period of eighteen months, such person
     9  shall be punished by a fine of not more than [one] two thousand  dollars
    10  or by imprisonment of not more than ninety days or by both such fine and
    11  imprisonment.
    12    §  2. Subdivision 18 of section 385 of the vehicle and traffic law, as
    13  amended by chapter 549 of the laws of 1985, is amended, and a new subdi-
    14  vision 18-a is added, to read as follows:
    15    18. Except as provided in  [subdivision]  subdivisions  eighteen-a  or
    16  nineteen  of  this  section,  the  violation  of  the provisions of this
    17  section including a violation related to the operation,  within  a  city
    18  not  wholly  included  within one county, of a vehicle which exceeds the
    19  limitations provided for in  the  rules  and  regulations  of  the  city
    20  department of transportation of such city, shall be punishable by a fine
    21  of  not  less than two hundred nor more than five hundred dollars, or by
    22  imprisonment for not more than thirty days, or by  both  such  fine  and
    23  imprisonment,  for  the  first  offense; by a fine of not less than five
    24  hundred nor more than one thousand dollars, or by imprisonment  for  not
    25  more  than  sixty  days,  or by both such fine and imprisonment, for the
    26  second or subsequent offense; provided  that  a  sentence  or  execution
    27  thereof  for  any violation under this subdivision may not be suspended.
    28  For any violation  of  the  provisions  of  this  section,  including  a
    29  violation  related  to  the operation, within a city not wholly included
    30  within one county, of a vehicle which exceeds the  limitations  provided
    31  for  in  the rules and regulations of the city department of transporta-
    32  tion of such city, the registration of the vehicle may be suspended  for
    33  a period not to exceed one year whether at the time of the violation the
    34  vehicle  was  in  charge  of  the  owner or his agent. The provisions of
    35  section five hundred ten of this chapter shall apply to such  suspension
    36  except as otherwise provided herein.
    37    18-a. A violation of the provisions of subdivisions two or fourteen of
    38  this  section, where the violation relates to the height of the vehicle,
    39  including a violation related to the operation, within a city not wholly
    40  included within one county, of a vehicle which exceeds  the  limitations
    41  provided  for  in  the  rules  and regulations of the city department of
    42  transportation of such city, shall be punishable by a fine of  not  more
    43  than  one  thousand dollars, or by imprisonment for not more than thirty
    44  days, or by both such fine and imprisonment, for the first offense; by a
    45  fine of not more than two thousand dollars, or by imprisonment  for  not
    46  more  than  sixty  days,  or by both such fine and imprisonment, for the
    47  second or subsequent offense; provided  that  a  sentence  or  execution
    48  thereof  for  any violation under this subdivision may not be suspended.
    49  For any violation of the provisions of subdivisions two or  fourteen  of
    50  this  section  where the violation relates to the height of the vehicle,
    51  including a violation related to the operation, within a city not wholly
    52  included within one county, of a vehicle which exceeds  the  limitations
    53  provided  for  in  the  rules  and regulations of the city department of
    54  transportation of such city, the registration  of  the  vehicle  may  be
    55  suspended for a period not to exceed one year whether at the time of the
    56  violation  the  vehicle  was  in  charge  of the owner or his agent. The

        S. 7508--B                         17                         A. 9508--B
 
     1  provisions of section five hundred ten of this chapter  shall  apply  to
     2  such suspension except as otherwise provided herein.
     3    § 3. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.
 
     5                                   PART C
 
     6    Section  1.  Subparagraphs a and c of paragraph 4 of subdivision 41 of
     7  section 375 of the vehicle and traffic law, as amended by chapter 465 of
     8  the laws of 2010, are amended to read as follows:
     9    a. One blue light may be affixed to  any  motor  vehicle  owned  by  a
    10  volunteer  member  of a fire department or on a motor vehicle owned by a
    11  member of such person's family residing in the same household  or  by  a
    12  business  enterprise  in which such person has a proprietary interest or
    13  by which he or she is employed, provided such volunteer firefighter  has
    14  been  authorized in writing to so affix a blue light by the chief of the
    15  fire department or company of which he or she is a member, which author-
    16  ization shall be subject to revocation at any  time  by  the  chief  who
    17  issued  the  same or his or her successor in office. Such blue light may
    18  be displayed exclusively by such volunteer firefighter on such a vehicle
    19  only when engaged in an emergency operation. The use of blue  lights  on
    20  vehicles  shall  be  restricted  for use only by a volunteer firefighter
    21  except as otherwise provided for in [subparagraph] subparagraphs  b  and
    22  b-1 of this paragraph.
    23    c.  The commissioner is authorized to promulgate rules and regulations
    24  relating to the use, placement, power and display of blue  lights  on  a
    25  police  vehicle [and], fire vehicle, and hazard vehicle designed for the
    26  towing or pushing of disabled vehicles.
    27    § 2. Paragraph 4 of subdivision 41 of section 375 of the  vehicle  and
    28  traffic  law  is  amended  by  adding  a new subparagraph b-1 to read as
    29  follows:
    30    b-1. In addition to the amber light authorized to be displayed  pursu-
    31  ant  to  paragraph three of this subdivision, one or more blue lights or
    32  combination blue and amber lights may be affixed  to  a  hazard  vehicle
    33  designed  for  the  towing or pushing of disabled vehicles provided that
    34  such blue light or lights shall be displayed on such  a  hazard  vehicle
    35  for rear projection only.  Such blue light or lights may be displayed on
    36  a hazard vehicle designed for the towing or pushing of disabled vehicles
    37  when  such  vehicle  is  engaged  in  a  hazardous operation and is also
    38  displaying the amber light or lights required to be displayed  during  a
    39  hazardous  operation  pursuant  to  paragraph three of this subdivision.
    40  Nothing contained in this subparagraph shall be deemed to authorize  the
    41  use of blue lights on hazard vehicles designed for the towing or pushing
    42  of  disabled  vehicles  unless  such hazard vehicles also display one or
    43  more amber lights as otherwise authorized in this subdivision.
    44    § 3. Subdivision (b) of section 1144-a of the vehicle and traffic law,
    45  as amended by chapter 458 of the laws of 2011, is  amended  to  read  as
    46  follows:
    47    (b) Every operator of a motor vehicle shall exercise due care to avoid
    48  colliding  with a hazard vehicle which is parked, stopped or standing on
    49  the shoulder or on any portion of such highway and such  hazard  vehicle
    50  is  displaying  one  or  more amber lights pursuant to the provisions of
    51  paragraph three of subdivision forty-one of section three hundred seven-
    52  ty-five of this chapter or, if such hazard vehicle is designed  for  the
    53  towing or pushing of disabled vehicles such hazard vehicle is displaying
    54  one  or  more  amber  lights or one or more blue or combination blue and

        S. 7508--B                         18                         A. 9508--B

     1  amber lights pursuant to the provisions of paragraph three  or  subpara-
     2  graph  b-1 of paragraph four, as applicable, of subdivision forty-one of
     3  section three hundred seventy-five of this  chapter.  For  operators  of
     4  motor  vehicles on parkways or controlled access highways, such due care
     5  shall include, but not be limited to, moving from a lane which  contains
     6  or is immediately adjacent to the shoulder where (i) such hazard vehicle
     7  displaying  one or more amber lights pursuant to the provisions of para-
     8  graph three of subdivision forty-one of section three  hundred  seventy-
     9  five of this chapter or (ii) such hazard vehicle designed for the towing
    10  or  pushing  of disabled vehicles displaying one or more amber lights or
    11  one or more blue or combination blue and amber lights  pursuant  to  the
    12  provisions  of paragraph three or subparagraph b-1 of paragraph four, as
    13  applicable, of subdivision forty-one of section three  hundred  seventy-
    14  five  of  this  chapter, is parked, stopped or standing to another lane,
    15  provided that such movement otherwise complies with the requirements  of
    16  this  chapter  including, but not limited to, the provisions of sections
    17  eleven hundred ten and eleven hundred twenty-eight of this title.
    18    § 4. This act shall take effect immediately.
 
    19                                   PART D
 
    20                            Intentionally Omitted
 
    21                                   PART E
 
    22    Section 1. Subdivision 16 of section 385 of the  vehicle  and  traffic
    23  law  is  amended to add fourteen new paragraphs (v), (w), (x), (y), (z),
    24  (aa), (bb), (cc), (dd), (ee), (ff), (gg),  (hh)  and  (ii)  to  read  as
    25  follows:
    26    (v)  Within  a  distance  of  approximately one mile from the New York
    27  state thruway interchange 24 traveling  along  interstate  route  90  to
    28  interchange  2  Washington  avenue,  and  to Washington avenue traveling
    29  westbound to Fuller road in a northerly direction to interstate route 90
    30  traveling to interchange 24 of the New York  state  thruway,  where  the
    31  commissioner  of  transportation determines that the vehicle or combina-
    32  tion of vehicles could operate safely along  the  designated  route  and
    33  that  no applicable federal law, regulation or other requirement prohib-
    34  its the operation of such vehicle or combination  of  vehicles  on  such
    35  route.
    36    (w)  Within  a  distance  of approximately .25 miles from the New York
    37  state thruway interchange 25A, traveling in a westbound direction  along
    38  interstate  route 88 to exit 25 to route 7, and to a left on Becker road
    39  traveling in a southbound direction on Becker road for approximately  .2
    40  miles  to  the  New York state thruway interchange 25A tandem lot access
    41  road, where the commissioner of transportation determines that the vehi-
    42  cle or combination of vehicles could operate safely along the designated
    43  route and that no applicable federal law, regulation or  other  require-
    44  ment  prohibits the operation of such vehicle or combination of vehicles
    45  on such route.
    46    (x) Within a distance of approximately 2.2 miles  from  the  New  York
    47  state  thruway interchange 34A traveling in a southbound direction along
    48  interstate route 481 to interstate 481 exit 5E Kirkville road east along
    49  state route 53 Kirkville road in an eastbound  direction  to  interstate
    50  route  481  traveling northbound to exit 6 to interchange 34A of the New
    51  York state thruway, where the commissioner of transportation  determines
    52  that  the  vehicle or combination of vehicles could operate safely along

        S. 7508--B                         19                         A. 9508--B
 
     1  the designated route and that no applicable federal law,  regulation  or
     2  other requirement prohibits the operation of such vehicle or combination
     3  of vehicles on such route.
     4    (y)  Within  a  distance  of  approximately .8 miles from the New York
     5  state thruway interchange 35, traveling approximately  200  feet  around
     6  Carrier circle to traveling northbound on Thompson road for approximate-
     7  ly 1000 feet, or traveling southbound on Thompson road approximately 100
     8  feet,  to traveling westbound on Tarbell road for approximately .5 miles
     9  to reenter at the Dewitt service area of  the  New  York  state  thruway
    10  where  the commissioner of transportation determines that the vehicle or
    11  combination of vehicles could operate safely along the designated  route
    12  and  that  no  applicable  federal  law, regulation or other requirement
    13  prohibits the operation of such vehicle or combination  of  vehicles  on
    14  such route.
    15    (z)  Within  a  distance  of  approximately one mile from the New York
    16  state thruway interchange 36 traveling  in  a  southbound  direction  on
    17  interstate  81  to interstate 81 exit 25 7th North street, and traveling
    18  eastbound on 7th North street to interstate 81 traveling in a northbound
    19  direction to interchange 36 of the New York  state  thruway,  where  the
    20  commissioner  of  transportation determines that the vehicle or combina-
    21  tion of vehicles could operate safely along  the  designated  route  and
    22  that  no applicable federal law, regulation or other requirement prohib-
    23  its the operation of such vehicle or combination  of  vehicles  on  such
    24  route.
    25    (aa)  Within  a  distance  of approximately .6 miles from the New York
    26  state thruway interchange 39 traveling eastbound on  interstate  690  to
    27  interstate  690  exit  2  Jones  road in a northbound direction to state
    28  route 690 north to interchange 39 of the New York state  thruway,  where
    29  the commissioner of transportation determines that the vehicle or combi-
    30  nation  of  vehicles could operate safely along the designated route and
    31  that no applicable federal law, regulation or other requirement  prohib-
    32  its  the  operation  of  such vehicle or combination of vehicles on such
    33  route.
    34    (bb) Within a distance of approximately .5 miles  from  the  New  York
    35  state  thruway interchange 45, traveling on interstate 490 to interstate
    36  490 exit 29, in a southwesterly direction along New York state route  96
    37  to  the point where New York state route 96 intersects with the entrance
    38  ramp to the New York state thruway interchange 45, and for approximately
    39  .2 miles along this entrance ramp to the New York state  thruway  inter-
    40  change  45, where the commissioner of transportation determines that the
    41  vehicle or combination of vehicles could operate safely along the desig-
    42  nated route and that no applicable  federal  law,  regulation  or  other
    43  requirement  prohibits  the  operation of such vehicle or combination of
    44  vehicles on such route.
    45    (cc) Within a distance of approximately .6 miles  from  the  New  York
    46  state  thruway interchange 46, traveling in a northeasterly direction on
    47  the ramp from the New York state thruway interchange  46  to  interstate
    48  390  north  exit to New York state route 253, Lehigh Station road, for a
    49  distance of approximately .5 miles along the ramp  from  interstate  390
    50  north  exit  to  New  York  state  route 253, Lehigh Station road, for a
    51  distance of approximately .6 miles in a  westerly  direction  along  New
    52  York  state  route  253, Lehigh Station road, to the intersection of New
    53  York state route 253 with New York state route 15, then for  a  distance
    54  of  approximately .6 miles in a southerly direction along New York state
    55  route 15, to the New  York  state  thruway  interchange  46  maintenance
    56  facility  entrance,  where the commissioner of transportation determines

        S. 7508--B                         20                         A. 9508--B
 
     1  that the vehicle or combination of vehicles could operate  safely  along
     2  the  designated  route and that no applicable federal law, regulation or
     3  other requirement prohibits the operation of such vehicle or combination
     4  of vehicles on such route.
     5    (dd)  Within  a  distance  of approximately .3 miles from the New York
     6  state thruway interchange 47, traveling on interstate 490 to  interstate
     7  490  exit 1, to a distance of approximately .2 miles along the ramp from
     8  interstate 490 exit 1, for a distance of approximately  .4  miles  in  a
     9  southwesterly direction to the entrance ramp of the New York state thru-
    10  way  interchange 47, where the commissioner of transportation determines
    11  that the vehicle or combination of vehicles could operate  safely  along
    12  the  designated  route and that no applicable federal law, regulation or
    13  other requirement prohibits the operation of such vehicle or combination
    14  of vehicles on such route.
    15    (ee) Within a distance of approximately .6 miles  from  the  New  York
    16  state  thruway  interchange 19, traveling in a westbound direction along
    17  route 28 to route 209, and traveling in a southbound direction on  route
    18  209  for  approximately  .1 miles to route 28, and traveling in an east-
    19  bound direction on route 28 for approximately .8 miles to the  New  York
    20  state  thruway  interchange  19 where the commissioner of transportation
    21  determines that the vehicle or combination  of  vehicles  could  operate
    22  safely  along  the  designated route and that no applicable federal law,
    23  regulation or other requirement prohibits the operation of such  vehicle
    24  or combination of vehicles on such route.
    25    (ff)  Within  a  distance  of approximately .5 miles from the New York
    26  state thruway interchange 31, traveling onto the ramp to Genesee  street
    27  south  for  approximately 2800 feet to Genesee street north for approxi-
    28  mately 275 feet to interchange 31 of the New York  state  thruway  where
    29  the commissioner of transportation determines that the vehicle or combi-
    30  nation  of  vehicles could operate safely along the designated route and
    31  that no applicable federal law, regulation or other requirement  prohib-
    32  its  the  operation  of  such vehicle or combination of vehicles on such
    33  route.
    34    (gg) Within a distance of approximately .2 miles  from  the  New  York
    35  state  thruway interchange 33 traveling westbound on state route 365 for
    36  approximately 900 feet to interchange 33 of the New York  state  thruway
    37  where  the commissioner of transportation determines that the vehicle or
    38  combination of vehicles could operate safely along the designated  route
    39  and  that  no  applicable  federal  law, regulation or other requirement
    40  prohibits the operation of such vehicle or combination  of  vehicles  on
    41  such route.
    42    (hh)  Within  a  distance of approximately .15 miles from the New York
    43  state thruway interchange 42 traveling on state route  14  for  approxi-
    44  mately 750 feet for travel to and from the thruway tandem lot and inter-
    45  change  42  where the commissioner of transportation determines that the
    46  vehicle or combination of vehicles could operate safely along the desig-
    47  nated route and that no applicable  federal  law,  regulation  or  other
    48  requirement  prohibits  the  operation of such vehicle or combination of
    49  vehicles on such route .
    50    (ii) Within a distance of approximately .1 miles  from  the  New  York
    51  state  interchange  43 traveling on state route 21 for approximately 600
    52  feet for travel to and from the thruway tandem lot  and  interchange  43
    53  where  the commissioner of transportation determines that the vehicle or
    54  combination of vehicles could operate safely along the designated  route
    55  and  that  no  applicable  federal  law, regulation or other requirement

        S. 7508--B                         21                         A. 9508--B
 
     1  prohibits the operation of such vehicle or combination  of  vehicles  on
     2  such route.
     3    § 2. This act shall take effect immediately.
 
     4                                   PART F
 
     5    Section  1. Paragraph a of subdivision 6 of section 2897 of the public
     6  authorities law, as added by chapter 766 of the laws of 2005, is amended
     7  and a new paragraph f is added to read as follows:
     8    a. All disposals or contracts for disposal of  property  of  a  public
     9  authority  made  or  authorized by the contracting officer shall be made
    10  after publicly advertising for bids except as  provided  in  [paragraph]
    11  paragraphs c and f of this subdivision.
    12    f. Notwithstanding anything to the contrary in this section, disposals
    13  for use of the thruway authority's fiber optic system, or any part ther-
    14  eof,  may  be  made  through agreements based on set fees that shall not
    15  require public auction, provided that:
    16    i. the thruway authority has determined the disposal of such  property
    17  complies with all applicable provisions of this chapter;
    18    ii. the thruway authority has determined that disposal of such proper-
    19  ty is in the best interest of the thruway authority;
    20    iii.  the set fees established by the thruway authority for use of the
    21  fiber optic system, or part thereof, shall be based  on  an  independent
    22  appraisal of the fair market value of the property; and
    23    iv.  any  public authority, state agency, municipality, not-for-profit
    24  hospital organized under section forty-three hundred one of  the  insur-
    25  ance  law, public library, or institution of higher education located in
    26  New York state shall be required only to pay the actual cost of  provid-
    27  ing for use of the fiber optic system, but not exceeding the fair market
    28  value  determined  pursuant to subparagraph (iii) of this paragraph. For
    29  purposes of this paragraph, "public authority" shall refer  to  entities
    30  defined  in  section  two of the public authorities law. For purposes of
    31  this paragraph, "institution of higher education" shall refer  to  enti-
    32  ties as defined in subdivisions two and three of section six hundred one
    33  of the education law.
    34    Disposals  of  the  fiber  optic  system, or any part thereof, through
    35  agreements based on set fees shall not require  the  explanatory  state-
    36  ments  required  by this section. Any disposal of property, contract for
    37  disposal of property or agreement made pursuant to this paragraph  shall
    38  not  be  deemed  valid  and  enforceable unless it shall first have been
    39  approved by both the comptroller and the attorney general.
    40    § 2. This act shall take effect immediately.
 
    41                                   PART G
 
    42                            Intentionally Omitted
 
    43                                   PART H
 
    44    Section 1. Subdivision 4 of section 1220-b of the vehicle and  traffic
    45  law,  as amended by chapter 9 of the laws of 2012, is amended to read as
    46  follows:
    47    4. Any person who engages  in  the  unlawful  solicitation  of  ground
    48  transportation  services  at  an  airport  shall be guilty of a [class B
    49  misdemeanor] traffic infraction punishable by a fine of  not  less  than
    50  seven  hundred  fifty  dollars  nor  more than one thousand five hundred

        S. 7508--B                         22                         A. 9508--B
 
     1  dollars, or by imprisonment [of] for not more than [ninety] fifteen days
     2  or by both such fine and  imprisonment[.  Notwithstanding  any  contrary
     3  provision  of law, any charge alleging a violation of this section shall
     4  be returnable before a court having jurisdiction over misdemeanors]; for
     5  a  conviction of a second violation, both of which were committed within
     6  a period of eighteen months, such person shall be punished by a fine  of
     7  not  less than one thousand five hundred dollars nor more than two thou-
     8  sand dollars, or by imprisonment for not more than forty-five  days,  or
     9  by  both  such  fine  and  imprisonment;  for a conviction of a third or
    10  subsequent violation, all of which were committed  within  a  period  of
    11  eighteen  months,  such  person  shall be punished by a fine of not less
    12  than two thousand dollars nor more than three thousand  dollars,  or  by
    13  imprisonment  for  not  more  than ninety days, or by both such fine and
    14  imprisonment.
    15    § 2. Subparagraph (viii) of paragraph (b) of subdivision 2 of  section
    16  510  of the vehicle and traffic law, as added by chapter 313 of the laws
    17  of 1994, is amended and a new subparagraph (vii) is  added  to  read  as
    18  follows:
    19    [(viii)] (vi) for a period of sixty days where the holder is convicted
    20  of  a violation of subdivision one of section twelve hundred twenty-b of
    21  this chapter within a period of eighteen months of a previous  violation
    22  of such [section] subdivision.
    23    (vii)  for  a period of ninety days where the holder is convicted of a
    24  violation of subdivision one of section twelve hundred twenty-b of  this
    25  chapter  within  a  period  of  eighteen  months of two or more previous
    26  violations of such subdivision.
    27    § 3. Section 510 of the vehicle and traffic law is amended by adding a
    28  new subdivision 4-g to read as follows:
    29    4-g. Suspension of registration for unlawful  solicitation  of  ground
    30  transportation  services  at an airport. Upon the receipt of a notifica-
    31  tion from a court or an administrative tribunal that an owner of a motor
    32  vehicle was convicted of a second conviction of unlawful solicitation of
    33  ground transportation services at an airport in violation of subdivision
    34  one of section twelve hundred twenty-b of this  chapter  both  of  which
    35  were  committed  within a period of eighteen months, the commissioner or
    36  his agent shall suspend the registration of the vehicle involved in  the
    37  violation  for a period of ninety days; upon the receipt of such notifi-
    38  cation of a third or subsequent  conviction  for  a  violation  of  such
    39  subdivision  all  of  which  were  committed within a period of eighteen
    40  months, the commissioner or his agent shall  suspend  such  registration
    41  for  a  period  of  one  hundred eighty days. Such suspension shall take
    42  effect no less than thirty days from the date on which notice thereof is
    43  sent by the commissioner to the person whose registration  or  privilege
    44  is suspended. The commissioner shall have the authority to deny a regis-
    45  tration or renewal application to any other person for the same vehicle,
    46  where  it  has been determined that such registrant's intent has been to
    47  evade the purposes of this subdivision and where  the  commissioner  has
    48  reasonable  grounds  to  believe  that such registration or renewal will
    49  have the effect of defeating the purposes of this subdivision.
    50    § 4. This act shall take effect on the first of August next succeeding
    51  the date on which it shall have become a law.
 
    52                                   PART I

        S. 7508--B                         23                         A. 9508--B
 
     1    Section 1. Subdivision 12 of section 1269 of  the  public  authorities
     2  law,  as  amended  by  section 4 of part NN of chapter 54 of the laws of
     3  2016, is amended to read as follows:
     4    12.  The  aggregate  principal  amount  of bonds, notes or other obli-
     5  gations issued after the first day of January, nineteen hundred  ninety-
     6  three  by  the authority, the Triborough bridge and tunnel authority and
     7  the New York city transit authority to fund projects contained in  capi-
     8  tal  program  plans  approved  pursuant to section twelve hundred sixty-
     9  nine-b of this title for the period nineteen hundred ninety-two  through
    10  two thousand [nineteen] twenty-four shall not exceed [fifty-five] ninety
    11  billion  [four]  one hundred [ninety-seven] million dollars. Such aggre-
    12  gate principal amount of  bonds,  notes  or  other  obligations  or  the
    13  expenditure  thereof shall not be subject to any limitation contained in
    14  any other provision of law on the principal amount of  bonds,  notes  or
    15  other  obligations or the expenditure thereof applicable to the authori-
    16  ty, the Triborough bridge and tunnel authority  or  the  New  York  city
    17  transit authority. The aggregate limitation established by this subdivi-
    18  sion  shall  not  include  (i)  obligations  issued to refund, redeem or
    19  otherwise repay, including by purchase or tender,  obligations  thereto-
    20  fore issued either by the issuer of such refunding obligations or by the
    21  authority,  the New York city transit authority or the Triborough bridge
    22  and tunnel authority, (ii) obligations issued to fund any  debt  service
    23  or other reserve funds for such obligations, (iii) obligations issued or
    24  incurred  to fund the costs of issuance, the payment of amounts required
    25  under bond and note facilities, federal  or  other  governmental  loans,
    26  security  or credit arrangements or other agreements related thereto and
    27  the payment of other financing,  original  issue  premiums  and  related
    28  costs  associated  with  such  obligations,  (iv) an amount equal to any
    29  original issue discount from the principal amount of such obligations or
    30  to fund capitalized  interest,  (v)  obligations  incurred  pursuant  to
    31  section  twelve  hundred  seven-m  of  this  article,  (vi)  obligations
    32  incurred to fund the acquisition of certain buses for the New York  city
    33  transit  authority  as  identified  in  a  capital program plan approved
    34  pursuant to chapter fifty-three of the laws of nineteen hundred  ninety-
    35  two,  (vii) obligations incurred in connection with the leasing, selling
    36  or transferring of equipment, and  (viii)  bond  anticipation  notes  or
    37  other obligations payable solely from the proceeds of other bonds, notes
    38  or  other obligations which would be included in the aggregate principal
    39  amount specified in the first sentence of this subdivision,  whether  or
    40  not  additionally  secured  by  revenues of the authority, or any of its
    41  subsidiary corporations, New York city transit authority, or any of  its
    42  subsidiary corporations, or Triborough bridge and tunnel authority.
    43    § 2. This act shall take effect immediately.
 
    44                                   PART J
 
    45                            Intentionally Omitted
 
    46                                   PART K
 
    47    Section  1.  Section  3  of part PP of chapter 54 of the laws of 2016,
    48  amending the general municipal law relating  to  the  New  York  transit
    49  authority  and  the metropolitan transportation authority, is amended to
    50  read as follows:
    51    § 3. This act shall take effect immediately; provided that the  amend-
    52  ments  to  subdivision  1  of section 119-r of the general municipal law

        S. 7508--B                         24                         A. 9508--B
 
     1  made by section two of this act shall  expire  and  be  deemed  repealed
     2  April  1,  [2021]  2022, and provided further that such repeal shall not
     3  affect the validity or duration of any contract entered into before that
     4  date pursuant to paragraph f of such subdivision.
     5    § 2. This act shall take effect immediately.
 
     6                                   PART L
 
     7                            Intentionally Omitted
 
     8                                   PART M
 
     9                            Intentionally Omitted
 
    10                                   PART N
 
    11                            Intentionally Omitted
 
    12                                   PART O
 
    13                            Intentionally Omitted
 
    14                                   PART P
 
    15                            Intentionally Omitted
 
    16                                   PART Q
 
    17                            Intentionally Omitted
 
    18                                   PART R
 
    19    Section  1.  Section 2 of chapter 21 of the laws of 2003, amending the
    20  executive law relating to permitting the secretary of state  to  provide
    21  special  handling  for  all documents filed or issued by the division of
    22  corporations and to permit additional levels of such expedited  service,
    23  as  amended by section 1 of part R of chapter 58 of the laws of 2019, is
    24  amended to read as follows:
    25    § 2. This act shall take effect immediately,  provided  however,  that
    26  section  one  of this act shall be deemed to have been in full force and
    27  effect on and after April 1, 2003 and  shall  expire  March  31,  [2020]
    28  2021.
    29    §  2.  This  act  shall take effect immediately and shall be deemed to
    30  have been in full force and effect on and after March 31, 2020.
 
    31                                   PART S
 
    32    Section 1. The general business law is amended by adding a new section
    33  391-u to read as follows:
    34    § 391-u.  Pricing goods and services on the basis of gender  prohibit-
    35  ed.    1.  Definitions.  For the purposes of this section, the following
    36  terms shall have the following meanings:
    37    (a) "Business" shall mean any business acting within the state of  New
    38  York  that  sells  goods  to any individual or entity including, but not
    39  limited to, retailers, suppliers, manufacturers, or distributors;

        S. 7508--B                         25                         A. 9508--B
 
     1    (b) "Goods" shall mean any consumer product used, bought  or  rendered
     2  primarily for personal, family or household purposes;
     3    (c)  "Services"  shall  mean  any  consumer  services  used, bought or
     4  rendered primarily for personal, family or household purposes;
     5    (d) "Substantially similar" shall mean:
     6    (i) two goods that exhibit no  substantial  differences  in:  (A)  the
     7  materials  used in production; (B) the intended use of the good; (C) the
     8  functional design and features of the good; and (D)  the  brand  of  the
     9  good; or
    10    (ii)  two  services that exhibit no substantial difference in: (A) the
    11  amount of time to provide the services; (B) the difficulty in  providing
    12  the  services;  and (C) the cost of providing the services. A difference
    13  in coloring among any good shall  not  be  construed  as  a  substantial
    14  difference for the purposes of this paragraph.
    15    2.  No  person,  firm,  partnership, company, corporation, or business
    16  shall charge a price for any two goods that are  substantially  similar,
    17  if such goods are priced differently based on the gender of the individ-
    18  uals for whom the goods are marketed and intended.
    19    3.  No  person,  firm,  partnership,  company, corporation or business
    20  shall charge a price for any services that are substantially similar  if
    21  such  services are priced differently based upon the gender of the indi-
    22  viduals for whom the services are performed, offered, or marketed.
    23    4. Nothing in this section prohibits price  differences  in  goods  or
    24  services based specifically upon the following:
    25    (a)  the  amount  of time it took to manufacture such goods or provide
    26  such services;
    27    (b) the difficulty  in  manufacturing  such  goods  or  offering  such
    28  services;
    29    (c)  the  cost  incurred  in manufacturing such goods or offering such
    30  services;
    31    (d) the labor used in  manufacturing  such  goods  or  providing  such
    32  services;
    33    (e)  the  materials used in manufacturing such goods or providing such
    34  services; or
    35    (f) any other gender-neutral reason for having increased the  cost  of
    36  such goods or services.
    37    5.  Any  person,  firm, partnership, company, corporation, or business
    38  that provides services, as defined by this section,  shall  provide  the
    39  customer with a complete written price list upon request.
    40    6. Whenever there shall be a violation of this section, an application
    41  may be made by the attorney general in the name of  the  people  of  the
    42  state  of New York to a court or justice having jurisdiction to issue an
    43  injunction, and upon notice to the defendant of not less than five days,
    44  to enjoin and restrain the continuance of such violations. If  it  shall
    45  appear  to  the  satisfaction of the court or justice that the defendant
    46  has, in fact, violated this section, an injunction may be issued by such
    47  court or  justice,  enjoining  or  restraining  any  violation,  without
    48  requiring  proof  that  any person has, in fact, been injured or damaged
    49  thereby. In any such proceeding the court may  make  allowances  to  the
    50  attorney  general  as  provided in section eighty-three hundred three of
    51  the civil practice law and rules, and may make direct restitution.    In
    52  connection  with  any such proposed application, the attorney general is
    53  authorized to take proof and make a determination of the relevant  facts
    54  and  to  issue  subpoenas  in accordance with the civil practice law and
    55  rules. Whenever the court shall  determine  that  a  violation  of  this
    56  section has occurred, the court may impose a civil penalty not to exceed

        S. 7508--B                         26                         A. 9508--B
 
     1  two hundred fifty dollars for a first violation, and a civil penalty not
     2  to  exceed  five hundred dollars for each subsequent violation.  For the
     3  purposes of this section, all identical items priced  on  the  basis  of
     4  gender shall be considered a single violation.
     5    §  2.  Separability  clause; construction. If any part or provision of
     6  this act or the application thereof to any person  or  circumstances  be
     7  adjudged  invalid  by any court of competent jurisdiction, such judgment
     8  shall be confined in its operation to the part, provision or application
     9  directly involved in the controversy in which such judgment  shall  have
    10  been rendered and shall not affect or impair the validity of the remain-
    11  der  of  this  act  or  the  application  thereof to other provisions or
    12  circumstances.
    13    § 3. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.
 
    15                                   PART T
 
    16                            Intentionally Omitted

    17                                   PART U
 
    18    Section 1. Section 70 of the state law is amended to read as follows:
    19    § 70. Description of the arms of the state and  the  state  flag.  The
    20  device  of  arms  of  this state[, as adopted March sixteenth, seventeen
    21  hundred and seventy-eight,] is hereby declared to be correctly described
    22  as follows:
    23    Charge. Azure, in a landscape, the sun in fess, rising in splendor or,
    24  behind a range of three mountains, the middle one the highest; in base a
    25  ship and sloop under sail,  passing  and  about  to  meet  on  a  river,
    26  bordered below by a grassy shore fringed with shrubs, all proper.
    27    Crest.  On  a wreath azure and or, an American eagle proper, rising to
    28  the dexter from a two-thirds of a globe terrestrial, showing  the  north
    29  Atlantic ocean with outlines of its shores.
    30    Supporters.  On  a  quasi  compartment  formed by the extension of the
    31  scroll.
    32    Dexter. The figure of Liberty proper, her hair  disheveled  and  deco-
    33  rated with pearls, vested azure, sandaled gules, about the waist a cinc-
    34  ture  or,  fringed gules, a mantle of the last depending from the shoul-
    35  ders behind to the feet, in the dexter hand  a  staff  ensigned  with  a
    36  Phrygian  cap  or,  the  sinister  arm  embowed, the hand supporting the
    37  shield at the dexter chief point, a royal crown  by  her  sinister  foot
    38  dejected.
    39    Sinister.  The figure of Justice proper, her hair disheveled and deco-
    40  rated with pearls, vested or, about the waist a cincture azure,  fringed
    41  gules,  sandaled  and  mantled  as  Liberty, bound about the eyes with a
    42  fillet proper, in the dexter hand a straight  sword  hilted  or,  erect,
    43  resting  on  the  sinister  chief  point of the shield, the sinister arm
    44  embowed, holding before her her scales proper.
    45    Motto. On a scroll below the shield argent, in sable, two lines.    On
    46  line one, Excelsior and on line two, E pluribus unum.
    47    State flag. The state flag is hereby declared to be blue, charged with
    48  the  arms  of the state in the colors as described in the blazon of this
    49  section.
    50    § 2. (a) Any state flag, object, or printed materials  containing  the
    51  depiction  of the former arms of the state may continue to be used until
    52  such flag, object,  or printed materials' useful  life  has  expired  or

        S. 7508--B                         27                         A. 9508--B
 
     1  until  the  person  possessing  such  flag,  object, or printed material
     2  replaces it. Such continued use shall  not  constitute  a  violation  of
     3  section seventy-two of the state law.
     4    (b) Any electronic depiction of the arms of the state shall be updated
     5  within 60 days of the effective date of this act.
     6    (c)  No  state  agency, local government, or public authority shall be
     7  required to replace a flag solely because such flag contains the  former
     8  arms of the state.
     9    §  3. The secretary of state shall begin to use the new seal as of the
    10  effective date of this act.
    11    § 4. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law. Effective  immediately,  the  department  of
    13  state  is  authorized  to  take  any  action,  including  entering  into
    14  contracts, that is necessary for the timely implementation of  this  act
    15  on its effective date.
 
    16                                   PART V

    17    Section  1.  Subdivision  1  of  section  130 of the executive law, as
    18  amended by section 1 of subpart D of part II of chapter 55 of  the  laws
    19  of 2019, is amended to read as follows:
    20    1.  The secretary of state may appoint and commission as many notaries
    21  public for the state of New York as in his or her judgment may be deemed
    22  best, whose jurisdiction shall be co-extensive with  the  boundaries  of
    23  the  state.  The  appointment  of a notary public shall be for a term of
    24  four years. An application for an appointment as notary public shall  be
    25  in  form  and  set  forth  such  matters as the secretary of state shall
    26  prescribe. Every person appointed as notary public must, at the time  of
    27  his or her appointment, be [a citizen of the United States and either] a
    28  resident of the state of New York or have an office or place of business
    29  in  New  York  state. A notary public who is a resident of the state and
    30  who moves out of the state but still maintains a place of business or an
    31  office in New York state does not vacate his or her office as  a  notary
    32  public.  A  notary public who is a nonresident and who ceases to have an
    33  office or place of business in this state, vacates his or her office  as
    34  a notary public. A notary public who is a resident of New York state and
    35  moves  out  of  the  state and who does not retain an office or place of
    36  business in this state shall vacate  his  or  her  office  as  a  notary
    37  public.  A  non-resident who accepts the office of notary public in this
    38  state thereby appoints the secretary of state as the  person  upon  whom
    39  process can be served on his or her behalf. Before issuing to any appli-
    40  cant  a commission as notary public, unless he or she be an attorney and
    41  counsellor at law duly admitted to practice in this  state  or  a  court
    42  clerk  of  the unified court system who has been appointed to such posi-
    43  tion after taking a civil service promotional examination in  the  court
    44  clerk  series of titles, the secretary of state shall satisfy himself or
    45  herself that the applicant is of good moral character,  has  the  equiv-
    46  alent  of  a common school education and is familiar with the duties and
    47  responsibilities of a notary public; provided,  however,  that  where  a
    48  notary  public  applies,  before  the expiration of his or her term, for
    49  reappointment with the county clerk or where  a  person  whose  term  as
    50  notary  public  shall  have expired applies within six months thereafter
    51  for reappointment as a notary public with the county clerk, such  quali-
    52  fying requirements may be waived by the secretary of state, and further,
    53  where  an  application  for reappointment is filed with the county clerk
    54  after the expiration of the aforementioned renewal period  by  a  person

        S. 7508--B                         28                         A. 9508--B
 
     1  who  failed  or was unable to re-apply by reason of his or her induction
     2  or enlistment in the armed forces of the United States, such  qualifying
     3  requirements may also be waived by the secretary of state, provided such
     4  application  for reappointment is made within a period of one year after
     5  the military discharge of the  applicant  under  conditions  other  than
     6  dishonorable.  In  any  case,  the  appointment  or reappointment of any
     7  applicant is in the discretion of the secretary of state. The  secretary
     8  of  state  may suspend or remove from office, for misconduct, any notary
     9  public appointed by him or her but no such removal shall be made  unless
    10  the  person  who  is  sought to be removed shall have been served with a
    11  copy of the charges against him or her and have an opportunity of  being
    12  heard.  No person shall be appointed as a notary public under this arti-
    13  cle who has been convicted, in this state or any other state or territo-
    14  ry, of a crime, unless the secretary makes a finding in conformance with
    15  all applicable statutory  requirements,  including  those  contained  in
    16  article  twenty-three-A  of the correction law, that such convictions do
    17  not constitute a bar to appointment.
    18    § 2. Subdivision 1 of section 130 of the executive law, as amended  by
    19  chapter 490 of the laws of 2019, is amended to read as follows:
    20    1.  The secretary of state may appoint and commission as many notaries
    21  public for the state of New York as in his or her judgment may be deemed
    22  best, whose jurisdiction shall be co-extensive with  the  boundaries  of
    23  the  state.  The  appointment  of a notary public shall be for a term of
    24  four years. An application for an appointment as notary public shall  be
    25  in  form  and  set  forth  such  matters as the secretary of state shall
    26  prescribe. Every person appointed as notary public must, at the time  of
    27  his or her appointment, be [a citizen of the United States and either] a
    28  resident of the state of New York or have an office or place of business
    29  in  New  York  state. A notary public who is a resident of the state and
    30  who moves out of the state but still maintains a place of business or an
    31  office in New York state does not vacate his or her office as  a  notary
    32  public.  A  notary public who is a nonresident and who ceases to have an
    33  office or place of business in this state, vacates his or her office  as
    34  a notary public. A notary public who is a resident of New York state and
    35  moves  out  of  the  state and who does not retain an office or place of
    36  business in this state shall vacate  his  or  her  office  as  a  notary
    37  public.  A  non-resident who accepts the office of notary public in this
    38  state thereby appoints the secretary of state as the  person  upon  whom
    39  process can be served on his or her behalf. Before issuing to any appli-
    40  cant  a commission as notary public, unless he or she be an attorney and
    41  counsellor at law duly admitted to practice in this  state  or  a  court
    42  clerk  of  the unified court system who has been appointed to such posi-
    43  tion after taking a civil service promotional examination in  the  court
    44  clerk  series of titles, the secretary of state shall satisfy himself or
    45  herself that the applicant is of good moral character,  has  the  equiv-
    46  alent  of  a common school education and is familiar with the duties and
    47  responsibilities of a notary public; provided,  however,  that  where  a
    48  notary  public  applies,  before  the expiration of his or her term, for
    49  reappointment with the county clerk or where  a  person  whose  term  as
    50  notary  public  shall  have expired applies within six months thereafter
    51  for reappointment as a notary public with the county clerk, such  quali-
    52  fying requirements may be waived by the secretary of state, and further,
    53  where  an  application  for reappointment is filed with the county clerk
    54  after the expiration of the aforementioned renewal period  by  a  person
    55  who  failed  or was unable to re-apply by reason of his or her induction
    56  or enlistment in the armed forces of the United States, such  qualifying

        S. 7508--B                         29                         A. 9508--B
 
     1  requirements may also be waived by the secretary of state, provided such
     2  application  for reappointment is made within a period of one year after
     3  the military discharge of the  applicant  under  conditions  other  than
     4  dishonorable, or if the applicant has a qualifying condition, as defined
     5  in  section  three hundred fifty of this chapter, within a period of one
     6  year after the applicant has received a discharge other than bad conduct
     7  or dishonorable from such service, or if the applicant is  a  discharged
     8  LGBT veteran, as defined in section three hundred fifty of this chapter,
     9  within a period of one year after the applicant has received a discharge
    10  other  than  bad conduct or dishonorable from such service. In any case,
    11  the appointment or reappointment of any applicant is in  the  discretion
    12  of  the secretary of state. The secretary of state may suspend or remove
    13  from office, for misconduct, any notary public appointed by him  or  her
    14  but  no such removal shall be made unless the person who is sought to be
    15  removed shall have been served with a copy of the charges against him or
    16  her and have an  opportunity  of  being  heard.    No  person  shall  be
    17  appointed  as a notary public under this article who has been convicted,
    18  in this state or any other state or territory, of a  crime,  unless  the
    19  secretary  makes  a finding in conformance with all applicable statutory
    20  requirements, including those contained in article twenty-three-A of the
    21  correction law, that  such  convictions  do  not  constitute  a  bar  to
    22  appointment.
    23    §  3.  Section 440-a of the real property law, as amended by section 1
    24  of subpart G of part II of chapter 55 of the laws of 2019, is amended to
    25  read as follows:
    26    § 440-a. License required for real estate  brokers  and  salesmen.  No
    27  person,  co-partnership,  limited liability company or corporation shall
    28  engage in or follow the business or occupation of, or  hold  himself  or
    29  itself  out  or  act temporarily or otherwise as a real estate broker or
    30  real estate salesman in this state without  first  procuring  a  license
    31  therefor  as  provided in this article. No person shall be entitled to a
    32  license as a real estate broker under this article, either as  an  indi-
    33  vidual  or as a member of a co-partnership, or as a member or manager of
    34  a limited liability company or as an officer of a corporation, unless he
    35  or she is twenty years of age or over[, a citizen of the  United  States
    36  or  an  alien  lawfully  admitted  for permanent residence in the United
    37  States]. No person shall be entitled to  a  license  as  a  real  estate
    38  salesman under this article unless he or she is over the age of eighteen
    39  years.  No person shall be entitled to a license as a real estate broker
    40  or real estate salesman under this article who  has  been  convicted  in
    41  this state or elsewhere of a crime, unless the secretary makes a finding
    42  in  conformance  with  all  applicable statutory requirements, including
    43  those contained in article twenty-three-A of the  correction  law,  that
    44  such  convictions  do not constitute a bar to licensure. No person shall
    45  be entitled to a license as a real estate broker or real estate salesman
    46  under this article who does not meet the requirements of  section  3-503
    47  of the general obligations law.
    48    Notwithstanding anything to the contrary in this section, tenant asso-
    49  ciations  and  not-for-profit  corporations authorized in writing by the
    50  commissioner of the department of the city  of  New  York  charged  with
    51  enforcement of the housing maintenance code of such city to manage resi-
    52  dential property owned by such city or appointed by a court of competent
    53  jurisdiction  to manage residential property owned by such city shall be
    54  exempt from the licensing provisions of this section with respect to the
    55  properties so managed.

        S. 7508--B                         30                         A. 9508--B
 
     1    § 4. Subdivision 1 of section 72  of  the  general  business  law,  as
     2  amended  by  chapter  164  of  the  laws  of 2003, is amended to read as
     3  follows:
     4    1.  If  the applicant is a person, the application shall be subscribed
     5  by such person, and if the applicant is a firm or partnership the appli-
     6  cation shall be subscribed by each individual composing or intending  to
     7  compose  such  firm or partnership. The application shall state the full
     8  name, age, residences within the past three years, present and  previous
     9  occupations of each person or individual so signing the same, [that each
    10  person  or  individual  is  a  citizen  of the United States or an alien
    11  lawfully admitted for permanent residence  in  the  United  States]  and
    12  shall  also  specify  the name of the city, town or village, stating the
    13  street and number, if the premises have a street and number, and  other-
    14  wise such apt description as will reasonably indicate the location ther-
    15  eof,  where  is  to  be  located the principal place of business and the
    16  bureau, agency, sub-agency,  office  or  branch  office  for  which  the
    17  license  is  desired,  and  such further facts as may be required by the
    18  department of state to show the good character, competency and integrity
    19  of each person or individual so signing such application. Each person or
    20  individual signing such application shall, together with  such  applica-
    21  tion,  submit  to  the department of state, his photograph, taken within
    22  six months prior thereto in duplicate, in passport  size  and  also  two
    23  sets  of fingerprints of his two hands recorded in such manner as may be
    24  specified by the secretary of state or the secretary of state's  author-
    25  ized  representative.  Before approving such application it shall be the
    26  duty of the secretary of state or the secretary  of  state's  authorized
    27  representative  to forward one copy of such fingerprints to the division
    28  of criminal justice services. Upon receipt of  such  fingerprints,  such
    29  division  shall  forward to the secretary of state a report with respect
    30  to the applicant's previous criminal history, if  any,  or  a  statement
    31  that  the  applicant  has  no previous criminal history according to its
    32  files. If additional copies of fingerprints are required  the  applicant
    33  shall  furnish  them upon request. Such fingerprints may be submitted to
    34  the federal bureau of investigation  for  a  national  criminal  history
    35  record  check.  The  secretary shall reveal the name of the applicant to
    36  the chief of police and the district attorney of the  applicant's  resi-
    37  dence  and of the proposed place of business and shall request of them a
    38  report concerning the applicant's character in the event they shall have
    39  information concerning it. The secretary shall take such other steps  as
    40  may be necessary to investigate the honesty, good character and integri-
    41  ty  of  each  applicant.  Every  such applicant for a license as private
    42  investigator shall establish to the satisfaction  of  the  secretary  of
    43  state  (a)  if the applicant be a person, or, (b) in the case of a firm,
    44  limited liability company, partnership  or  corporation,  at  least  one
    45  member  of  such  firm, partnership, limited liability company or corpo-
    46  ration, has been regularly employed, for a period of not less than three
    47  years, undertaking such investigations as those described  as  performed
    48  by  a  private investigator in subdivision one of section seventy-one of
    49  this article, as a sheriff, police officer in a city  or  county  police
    50  department,  or  the division of state police, investigator in an agency
    51  of the state, county, or United States  government,  or  employee  of  a
    52  licensed  private  investigator,  or  has had an equivalent position and
    53  experience or that such person or member was an  employee  of  a  police
    54  department who rendered service therein as a police officer for not less
    55  than  twenty  years or was an employee of a fire department who rendered
    56  service therein as a fire marshal for not less than twenty years. Howev-

        S. 7508--B                         31                         A. 9508--B
 
     1  er, employment as a watchman, guard or private patrolman  shall  not  be
     2  considered  employment  as a "private investigator" for purposes of this
     3  section. Every such applicant for a license as watch,  guard  or  patrol
     4  agency shall establish to the satisfaction of the secretary of state (a)
     5  if  the  applicant  be  a person, or, (b) in the case of a firm, limited
     6  liability company, partnership or corporation, at least  one  member  of
     7  such  firm,  partnership,  limited liability company or corporation, has
     8  been regularly employed, for a  period  of  not  less  than  two  years,
     9  performing  such duties or providing such services as described as those
    10  performed or furnished by a watch, guard or patrol agency in subdivision
    11  two of section seventy-one of this article, as a sheriff, police officer
    12  in a city or county police department, or employee of an agency  of  the
    13  state,  county or United States government, or licensed private investi-
    14  gator or watch, guard or patrol agency, or has had an  equivalent  posi-
    15  tion  and  experience;  qualifying  experience shall have been completed
    16  within such period of time and at such time prior to the filing  of  the
    17  application  as  shall  be  satisfactory  to the secretary of state. The
    18  person or member meeting the experience requirement under this  subdivi-
    19  sion and the person responsible for the operation and management of each
    20  bureau,  agency,  sub-agency,  office  or branch office of the applicant
    21  shall provide sufficient proof of having  taken  and  passed  a  written
    22  examination  prescribed  by  the secretary of state to test their under-
    23  standing of their rights, duties and powers as  a  private  investigator
    24  and/or  watchman, guard or private patrolman, depending upon the work to
    25  be performed under the license. In the case of an application subscribed
    26  by a resident of the  state  of  New  York  such  application  shall  be
    27  approved,  as to each resident person or individual so signing the same,
    28  but not less than five reputable citizens of the community in which such
    29  applicant resides or transacts business, or in which it is  proposed  to
    30  own,  conduct, manage or maintain the bureau, agency, sub-agency, office
    31  or branch office for which the license is desired, each  of  whom  shall
    32  subscribe  and  affirm  as true, under the penalties of perjury, that he
    33  has personally known the said person or individual for a  period  of  at
    34  least  five  years  prior to the filing of such application, that he has
    35  read such application and believes each of the statements  made  therein
    36  to be true, that such person is honest, of good character and competent,
    37  and  not  related  or  connected to the person so certifying by blood or
    38  marriage. In the case of an application subscribed by a non-resident  of
    39  the  state  of  New  York such application shall be approved, as to each
    40  non-resident person or individual so signing the same by not  less  than
    41  five  reputable  citizens  of  the  community  in  which  such applicant
    42  resides. The certificate of approval shall be signed by  such  reputable
    43  citizens  and  duly  verified and acknowledged by them before an officer
    44  authorized to take oaths and acknowledgment of deeds. All provisions  of
    45  this  section, applying to corporations, shall also apply to joint-stock
    46  associations, except that each such joint-stock association shall file a
    47  duly certified copy of its certificate of organization in the  place  of
    48  the certified copy of its certificate of incorporation herein required.
    49    §  5.  Subdivision  2  of  section  81 of the general business law, as
    50  amended by chapter 756 of the laws of 1952 and paragraph (b) as  amended
    51  by chapter 133 of the laws of 1982, is amended to read as follows:
    52    2.  No  person  shall hereafter be employed by any holder of a license
    53  certificate until he shall have executed and furnished to  such  license
    54  certificate  holder  a  verified  statement,  to be known as "employee's
    55  statement," setting forth:
    56    (a) His full name, age and residence address.

        S. 7508--B                         32                         A. 9508--B
 
     1    (b) [That the applicant for employment is  a  citizen  of  the  United
     2  States  or  an  alien  lawfully  admitted for permanent residence in the
     3  United States.
     4    (c)]  The  business or occupation engaged in for the three years imme-
     5  diately preceding the date of the filing of the statement, setting forth
     6  the place or places where such business or occupation  was  engaged  in,
     7  and the name or names of employers, if any.
     8    [(d)] (c) That he has not been convicted of a felony or of any offense
     9  involving  moral  turpitude  or  of  any of the misdemeanors or offenses
    10  described in subdivision one of this section.
    11    [(e)] (d) Such further information as the department of state  may  by
    12  rule  require  to  show the good character, competency, and integrity of
    13  the person executing the statement.
    14    § 6. Subdivision 4 of section 89-h of the  general  business  law,  as
    15  added by chapter 336 of the laws of 1992, is amended to read as follows:
    16    [4. Citizenship: be a citizen or resident alien of the United States;]
    17    §  7.  This  act  shall  take  effect  immediately; provided, however,
    18  section two of this act shall take effect on the same date  and  in  the
    19  same  manner  as  section  36  of chapter 490 of the laws of 2019, takes
    20  effect.
 
    21                                   PART W

    22    Section 1. Paragraph (c) of subdivision 1 of section 444-e of the real
    23  property law, as amended by chapter 541 of the laws of 2019, is  amended
    24  to read as follows:
    25    (c) have passed the National Home Inspector examination or an examina-
    26  tion  offered by the secretary. Any examination offered by the secretary
    27  must meet or exceed the national exam standards set by  the  Examination
    28  Board  of Professional Home Inspectors in consultation with the New York
    29  State Association of Home Inspectors to  include  questions  related  to
    30  state-specific  procedures, rules, and regulations, and changes to state
    31  and federal law, and be updated annually; and
    32    § 2. This act shall take effect immediately and shall apply to  appli-
    33  cations  for  a  license as a professional home inspector received on or
    34  after November 25, 2019.
 
    35                                   PART X
 
    36                            Intentionally Omitted
 
    37                                   PART Y
 
    38    Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
    39  laws  of  2020  to  the  department  of agriculture and markets from the
    40  special  revenue  funds-other/state  operations,  miscellaneous  special
    41  revenue  fund-339,  public  service  account  shall  be  subject  to the
    42  provisions of this section. Notwithstanding any other provision  of  law
    43  to the contrary, direct and indirect expenses relating to the department
    44  of   agriculture   and  markets'  participation  in  general  ratemaking
    45  proceedings pursuant to section 65 of the public service law or  certif-
    46  ication  proceedings  pursuant  to article 7 or 10 of the public service
    47  law, shall be deemed expenses of the department of public service within
    48  the meaning of section 18-a of the public service  law.  No  later  than
    49  August  15,  2021, the commissioner of the department of agriculture and
    50  markets shall submit an accounting of such expenses, including, but  not

        S. 7508--B                         33                         A. 9508--B
 
     1  limited  to,  expenses  in the 2020--2021 state fiscal year for personal
     2  and non-personal services and fringe  benefits,  to  the  chair  of  the
     3  public  service  commission  for  the  chair's  review  pursuant  to the
     4  provisions of section 18-a of the public service law.
     5    §  2.  Expenditures of moneys appropriated in a chapter of the laws of
     6  2020 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, 2021, the secretary of state shall submit
    20  an  accounting of such expenses, including, but not limited to, expenses
    21  in the 2020--2021  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  2020  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, 2021, 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  2020--2021
    39  state  fiscal  year  for  personal  and non-personal services and fringe
    40  benefits, to the chair of the public service commission for the  chair's
    41  review  pursuant to the provisions of section 18-a of the public service
    42  law.
    43    § 4. Expenditures of moneys appropriated in a chapter of the  laws  of
    44  2020  to  the  department of environmental conservation from the special
    45  revenue funds-other/state operations, environmental conservation special
    46  revenue fund-301, utility  environmental  regulation  account  shall  be
    47  subject  to  the  provisions  of this section. Notwithstanding any other
    48  provision of law to the contrary, direct and indirect expenses  relating
    49  to the department of environmental conservation's participation in state
    50  energy  policy  proceedings,  or  certification  proceedings pursuant to
    51  article 7 or 10 of the public service law, shall be deemed  expenses  of
    52  the  department  of public service within the meaning of section 18-a of
    53  the public service law. No later than August 15, 2021, the  commissioner
    54  of the department of environmental conservation shall submit an account-
    55  ing  of  such  expenses,  including, but not limited to, expenses in the
    56  2020--2021 state fiscal year for personal and non-personal services  and

        S. 7508--B                         34                         A. 9508--B
 
     1  fringe  benefits,  to the chair of the public service commission for the
     2  chair's review pursuant to the provisions of section 18-a of the  public
     3  service law.
     4    §  5. Notwithstanding any other law, rule or regulation to the contra-
     5  ry, expenses of  the  department  of  health  public  service  education
     6  program  incurred  pursuant  to appropriations from the cable television
     7  account of the state miscellaneous special revenue funds shall be deemed
     8  expenses of the department of public service. No later than  August  15,
     9  2021,  the  commissioner  of  the  department  of health shall submit an
    10  accounting of expenses in the 2020--2021 state fiscal year to the  chair
    11  of  the public service commission for the chair's review pursuant to the
    12  provisions of section 217 of the public service law.
    13    § 6. Any expense deemed to be expenses of  the  department  of  public
    14  service  pursuant  to sections one through four of this act shall not be
    15  recovered through assessments imposed  upon  telephone  corporations  as
    16  defined in subdivision 17 of section 2 of the public service law.
    17    §  7.  This  act  shall take effect immediately and shall be deemed to
    18  have been in full force and effect on and after April 1, 2020 and  shall
    19  be deemed repealed April 1, 2021.
 
    20                                   PART Z
 
    21                            Intentionally Omitted
 
    22                                   PART AA
 
    23                            Intentionally Omitted
 
    24                                   PART BB
 
    25                            Intentionally Omitted
 
    26                                   PART CC

    27    Section  1. Section 2 of chapter 584 of the laws of 2011, amending the
    28  public authorities law relating to the powers and duties of the dormito-
    29  ry authority of the state of New York relative to the  establishment  of
    30  subsidiaries  for certain purposes, as amended by section 1 of part X of
    31  chapter 58 of the laws of 2018, is amended to read as follows:
    32    § 2. This act shall take effect immediately and shall  expire  and  be
    33  deemed repealed on July 1, [2020] 2022; provided however, that the expi-
    34  ration  of  this  act  shall  not  impair or otherwise affect any of the
    35  powers, duties, responsibilities, functions, rights  or  liabilities  of
    36  any  subsidiary  duly  created  pursuant  to  subdivision twenty-five of
    37  section 1678 of the public authorities law prior to such expiration.
    38    § 2. This act shall take effect immediately.

    39                                   PART DD
 
    40    Section 1. Subdivision (a) of section 2 and section 3  of  part  F  of
    41  chapter  60  of the laws of 2015 constituting the infrastructure invest-
    42  ment act, subdivision (a) of section 2 as amended by section 1 of part M
    43  of chapter 39 of the laws of 2019, and section 3 as amended by section 3
    44  of part RRR of chapter 59 of the laws of 2017, are amended  to  read  as
    45  follows:

        S. 7508--B                         35                         A. 9508--B
 
     1    (a)  (i) "authorized state entity" shall mean the New York state thru-
     2  way authority, the department of transportation, the  office  of  parks,
     3  recreation  and  historic  preservation, the department of environmental
     4  conservation [and], the New York state bridge authority, the  office  of
     5  general  services, the dormitory authority, the urban development corpo-
     6  ration, the state university construction fund, the New York state Olym-
     7  pic regional development authority and the battery park city authority.
     8    (ii) Notwithstanding the provisions of subdivision 26 of section  1678
     9  of  the  public  authorities law, section 8 of the public buildings law,
    10  sections 8 and 9 of section 1 of chapter 359 of  the  laws  of  1968  as
    11  amended, section 103 of the general municipal law, and the provisions of
    12  any  other law to the contrary, the term "authorized state entity" shall
    13  also refer to only those agencies or authorities identified below solely
    14  in connection with the following authorized projects, provided that such
    15  an authorized state entity may utilize the alternative  delivery  method
    16  referred  to  as  design-build  contracts  solely in connection with the
    17  following authorized projects should the total cost of each such project
    18  not be less than five million dollars ($5,000,000):
 
    19      Authorized Projects                     Authorized State Entity
 
    20  1.  Frontier Town                        Urban Development Corporation
 
    21  2.  Life Sciences Laboratory             Dormitory Authority & Urban
    22                                           Development Corporation
 
    23  3.  Whiteface Transformative Projects    New York State Olympic Regional
    24                                           Development Authority
 
    25  4.  Gore Transformative Projects         New York State Olympic Regional
    26                                           Development Authority
    27  5.  Belleayre Transformative Projects    New York State Olympic Regional
    28                                           Development Authority
    29  6.  Mt. Van Hoevenberg Transformative    New York State Olympic Regional
    30      Projects                             Development Authority
    31  7.  Olympic Training Center              New York State Olympic Regional
    32                                           Development Authority
    33  8.  Olympic Arena and Convention         New York State Olympic Regional
    34      Center Complex                       Development Authority
    35  9.  State Fair Revitalization            Office of General
    36      Projects                             Services
    37  10. State Police Forensic                Office of General
    38      Laboratory                           Services
 
    39    Notwithstanding any provision of law to the contrary,  all  rights  or
    40  benefits,  including  terms and conditions of employment, and protection
    41  of civil service  and  collective  bargaining  status  of  all  existing
    42  employees  of  authorized  state entities [solely in connection with the
    43  authorized projects listed above,] shall  be  preserved  and  protected.
    44  Nothing  in  this  section  shall result in the: (1) displacement of any
    45  currently  employed  worker  or  loss  of  position  (including  partial
    46  displacement  such  as  a  reduction  in the hours of non-overtime work,
    47  wages, or employment benefits) or result in the impairment  of  existing
    48  collective  bargaining agreements; [and] (2) transfer of existing duties
    49  and functions related to maintenance and operations currently  performed
    50  by  existing  employees  of  authorized  state entities to a contracting

        S. 7508--B                         36                         A. 9508--B
 
     1  entity; or (3)  transfer  of  future  duties  and  functions  ordinarily
     2  performed  by  employees of authorized state entities to the contracting
     3  entity. Nothing contained herein shall be construed to  affect  (A)  the
     4  existing rights of employees pursuant to an existing collective bargain-
     5  ing agreement, and (B) the existing representational relationships among
     6  employee  organizations  or  the  bargaining  relationships  between the
     7  employer and an employee organization.
     8    If otherwise applicable, authorized projects undertaken by the author-
     9  ized  state  entities  listed  above  solely  in  connection  with   the
    10  provisions  of  this  act  shall  be subject to section 135 of the state
    11  finance law, section 101 of the general municipal law, and  section  222
    12  of the labor law; provided, however, that an authorized state entity may
    13  fulfill  its  obligations  under section 135 of the state finance law or
    14  section 101 of the general municipal law by requiring the contractor  to
    15  prepare  separate  specifications  in accordance with section 135 of the
    16  state finance law or section 101 of the general municipal  law,  as  the
    17  case may be.
    18    §  3. Notwithstanding the provisions of section 38 of the highway law,
    19  section 136-a of the state finance law, [section]  sections  359,  1678,
    20  1680  and  1680-a of the public authorities law, [section] sections 376,
    21  407-a, 6281 and 7210 of the education law,  sections  8  and  9  of  the
    22  public  buildings law, section 103 of the general municipal law, and the
    23  provisions of any other law to the contrary, and in conformity with  the
    24  requirements  of  this  act,  an authorized state entity may utilize the
    25  alternative delivery method referred to as  design-build  contracts,  in
    26  consultation  with  relevant  local labor organizations and construction
    27  industry, for capital projects located in  the  state  related  to  [the
    28  state's]  physical  infrastructure,  including, but not limited to, [the
    29  state's] highways, bridges, buildings and appurtenant structures,  dams,
    30  flood  control  projects,  canals, and parks, including, but not limited
    31  to, to repair damage caused by natural disaster, to correct  health  and
    32  safety  defects,  to  comply with federal and state laws, standards, and
    33  regulations, to extend the useful life of or replace [the state's] high-
    34  ways, bridges, buildings and appurtenant structures, dams, flood control
    35  projects, canals, and parks or to improve or add to [the state's]  high-
    36  ways, bridges, buildings and appurtenant structures, dams, flood control
    37  projects, canals, and parks; provided that for the contracts executed by
    38  the  department  of  transportation, the office of parks, recreation and
    39  historic preservation, or the department of environmental  conservation,
    40  the  total  cost of each such project shall not be less than ten million
    41  dollars ($10,000,000).
    42    § 2. The opening paragraph and subdivision (a) of section 4 of part  F
    43  of  chapter  60  of  the  laws  of  2015 constituting the infrastructure
    44  investment act, as amended by section 4 of part RRR of chapter 59 of the
    45  laws of 2017, are amended to read as follows:
    46    An entity selected by an authorized  state  entity  to  enter  into  a
    47  design-build contract shall be selected [through a] by a one or two-step
    48  method, [as follows] which includes the following features:
    49    (a)  Step one. Generation of a list of entities that have demonstrated
    50  the general capability to perform the design-build contract.  Such  list
    51  shall  consist  of  a  specified number of entities, as determined by an
    52  authorized state entity, and shall be generated based upon  the  author-
    53  ized state entity's review of responses to a publicly advertised request
    54  for qualifications. The authorized state entity's request for qualifica-
    55  tions  shall  include  a general description of the project, the maximum
    56  number of entities to be included on the list, the selection criteria to

        S. 7508--B                         37                         A. 9508--B

     1  be used and the relative weight of each criteria in generating the list.
     2  Such selection criteria shall include the qualifications and  experience
     3  of  the design and construction team, organization, demonstrated respon-
     4  sibility,  ability  of the team or of a member or members of the team to
     5  comply with applicable requirements, including the provisions  of  arti-
     6  cles  145,  147  and 148 of the education law, past record of compliance
     7  with the labor law, and such other qualifications the  authorized  state
     8  entity  deems  appropriate  which  may  include  but  are not limited to
     9  project understanding, financial capability and record of past  perform-
    10  ance.  The  authorized state entity shall evaluate and rate all entities
    11  responding to the request for qualifications.  Based upon such  ratings,
    12  the authorized state entity shall list the entities that shall receive a
    13  request  for  proposals  in  accordance  with  subdivision  (b)  of this
    14  section.   To the extent consistent with  applicable  federal  law,  the
    15  authorized  state  entity  shall  consider,  when  awarding any contract
    16  pursuant to this section, the  participation  of:  (i)  firms  certified
    17  pursuant to article 15-A of the executive law as minority or women-owned
    18  businesses  and  the  ability of other businesses under consideration to
    19  work with minority and women-owned  businesses  so  as  to  promote  and
    20  assist  participation  by  such  businesses;  [and]  (ii) small business
    21  concerns identified pursuant to subdivision (b) of section 139-g of  the
    22  state finance law; and (iii) firms certified pursuant to article 17-B of
    23  the  executive  law as service-disabled veteran-owned businesses and the
    24  ability of other businesses under consideration to  work  with  service-
    25  disabled  veteran-owned  businesses  so as to promote and assist partic-
    26  ipation by such businesses.
    27    § 3. Section 8 of part F of chapter 60 of the laws of 2015  constitut-
    28  ing the infrastructure investment act is amended to read as follows:
    29    §  8. Each contract entered into by the authorized state entity pursu-
    30  ant to this section shall comply with the objectives and goals of minor-
    31  ity and women-owned business enterprises pursuant to article 15-A of the
    32  executive law and of service-disabled veteran-owned business enterprises
    33  pursuant to article 17-B of the executive law or, for projects receiving
    34  federal aid, shall  comply  with  applicable  federal  requirements  for
    35  disadvantaged business enterprises.
    36    §  4. Paragraph 3 of subdivision (a) and subdivision (b) of section 13
    37  of part F of chapter 60 of the laws of 2015 constituting the infrastruc-
    38  ture investment act, as amended by section 11 of part RRR of chapter  59
    39  of the laws of 2017, are amended to read as follows:
    40    3. (i) Utilizing a lump sum contract in which the contractor agrees to
    41  accept  a  set dollar amount for a contract which comprises a single bid
    42  without providing a cost breakdown for all costs such as for  equipment,
    43  labor, materials, as well as such contractor's profit for completing all
    44  items  of work comprising the project, which lump sum price may be nego-
    45  tiated and established  by  the  authorized  state  entity  based  on  a
    46  proposed guaranteed maximum price.
    47    (ii)  The design-build contract may include both lump sum elements and
    48  cost-plus not to exceed guaranteed maximum price elements and  may  also
    49  provide for professional services on a fee-for-service basis.
    50    (b)  Capital  projects  undertaken  by  an authorized state entity may
    51  include an incentive clause in  the  contract  for  various  performance
    52  objectives, but the incentive clause shall not include an incentive that
    53  exceeds the quantifiable value of the benefit received by the authorized
    54  state entity. The authorized state entity shall [establish] require such
    55  performance and payment bonds as it deems necessary.

        S. 7508--B                         38                         A. 9508--B
 
     1    § 5. Part F of chapter 60 of the laws of 2015 constituting the infras-
     2  tructure  investment  act is amended by adding two new sections 15-a and
     3  15-b to read as follows:
     4    §  15-a.  Any contract awarded pursuant to this act shall be deemed to
     5  be awarded pursuant to a competitive procurement for purposes of section
     6  2879 of the public authorities law.
     7    § 15-b. Public employees as defined by paragraph (a) of subdivision  7
     8  of  section 201 of the civil service law and who are employed by author-
     9  ized entities as defined in paragraph (i) of subdivision (a) of  section
    10  two of this act shall examine  and  review  certifications  provided  by
    11  contractors for conformance with material source testing, certifications
    12  testing,  surveying, monitoring of environmental compliance, independent
    13  quality control testing and inspection  and  quality  assurance  audits.
    14  Performance  by  authorized  entities  of  any  review described in this
    15  subdivision shall not be construed to modify or limit contractors' obli-
    16  gations to  perform  work  in  strict  accordance  with  the  applicable
    17  design-build  contracts or the contractors' or any subcontractors' obli-
    18  gations or liabilities under any law.
    19    § 6. Section 16 of part F of chapter 60 of the laws of 2015 constitut-
    20  ing the infrastructure investment act is amended to read as follows:
    21    § 16. A report shall be submitted on or no later than June 30,  [2016]
    22  2021  and  annually thereafter, to the governor, the temporary president
    23  of the senate and the speaker of the assembly  by  the  New  York  state
    24  [urban  development corporation] office of general services on behalf of
    25  authorized entities defined in  paragraph  (i)  of  subdivision  (a)  of
    26  section  two of this act containing information on each authorized state
    27  entity that has entered into a design-build contract  pursuant  to  this
    28  act,  which  shall include, but not be limited to, a description of each
    29  such design-build contract, information regarding the procurement  proc-
    30  ess  for  each  such  design-build  project,  [procurement  information]
    31  including the [short] list of qualified bidders, the total cost of  each
    32  design-build  project, an explanation of the estimated cost and schedule
    33  savings of each project, an explanation of how the savings  were  deter-
    34  mined,  the  participation  rate and total dollar value of minority- and
    35  women-owned  business  enterprises  and  service-disabled  veteran-owned
    36  businesses,  and  whether  a  project  labor  agreement was used, and if
    37  applicable, the justification for using a project labor agreement.  Such
    38  report  shall also be posted on the website of the New York state office
    39  of general services for public review.
    40    § 7. Section 17 of part F of chapter 60 of the laws of 2015 constitut-
    41  ing the infrastructure investment act, as amended by section 1  of  part
    42  WWW of chapter 59 of the laws of 2019, is amended to read as follows:
    43    §  17.  This act shall take effect immediately and shall expire and be
    44  deemed repealed [6 years after such date] December  31,  2022,  provided
    45  that,  projects  with  requests  for qualifications issued prior to such
    46  repeal shall be permitted to continue  under  this  act  notwithstanding
    47  such repeal.
    48    §  8.  This act shall take effect immediately; provided, however, that
    49  the amendments to part F of chapter 60 of  the  laws  of  2015  made  by
    50  sections  one,  two,  three,  four,  five  and six of this act shall not
    51  affect the repeal of such part and shall be deemed repealed therewith.
 
    52                                   PART EE
 
    53    Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
    54  of  the  laws  of 1968 constituting the New York state urban development

        S. 7508--B                         39                         A. 9508--B
 
     1  corporation act, as amended by section 1 of part Z of chapter 58 of  the
     2  laws of 2019, is amended to read as follows:
     3    3.  The  provisions  of this section shall expire, notwithstanding any
     4  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
     5  the laws of 1996 or of any other law, on July 1, [2020] 2021.
     6    § 2. This act shall take effect immediately and  shall  be  deemed  to
     7  have been in full force and effect on and after July 1, 2020.
 
     8                                   PART FF
 
     9    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
    10  New York state urban development corporation act, relating to the powers
    11  of the New York state urban development corporation to  make  loans,  as
    12  amended  by  section  1  of part Y of chapter 58 of the laws of 2019, is
    13  amended to read as follows:
    14    § 2. This act shall take effect immediately  provided,  however,  that
    15  section  one  of  this act shall expire on July 1, [2020] 2021, at which
    16  time the provisions of subdivision 26 of section 5 of the New York state
    17  urban development corporation act shall be  deemed  repealed;  provided,
    18  however,  that neither the expiration nor the repeal of such subdivision
    19  as provided for herein shall be deemed to affect or impair in any manner
    20  any loan made pursuant to the authority of  such  subdivision  prior  to
    21  such expiration and repeal.
    22    §  2.  This  act  shall take effect immediately and shall be deemed to
    23  have been in full force and effect on and after April 1, 2020.
 
    24                                   PART GG
 
    25    Section 1. Paragraph (a) of subdivision  11  of  section  400  of  the
    26  economic  development law, as amended by section 3 of part QQ of chapter
    27  60 of the laws of 2016, is amended to read as follows:
    28    (a) a correctional facility, as defined in paragraph (a)  of  subdivi-
    29  sion  four  of section two of the correction law, that has been selected
    30  by the governor of the state of New York for closure after April  first,
    31  two  thousand eleven [but no later than March thirty-first, two thousand
    32  twelve] but no later than March thirty-first, two  thousand  twenty-one;
    33  or
    34    §  2.  This act shall take effect immediately; provided, however, that
    35  the amendments to section 400 of the economic development  law  made  by
    36  section  one of this act shall not affect the repeal of such section and
    37  shall be deemed repealed therewith.
 
    38                                   PART HH
 
    39    Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
    40  research  and  development  authority  for  services and expenses of the
    41  energy  research,  development  and  demonstration  program,   including
    42  grants, the energy policy and planning program, the zero emissions vehi-
    43  cle  and  electric vehicle rebate program, and the Fuel NY program shall
    44  be subject to  the  provisions  of  this  section.  Notwithstanding  the
    45  provisions of subdivision 4-a of section 18-a of the public service law,
    46  all  moneys committed or expended in an amount not to exceed $22,700,000
    47  shall be reimbursed by assessment against gas corporations,  as  defined
    48  in  subdivision  11  of section 2 of the public service law and electric
    49  corporations as defined in subdivision 13 of section  2  of  the  public
    50  service  law, where such gas corporations and electric corporations have

        S. 7508--B                         40                         A. 9508--B
 
     1  gross revenues from intrastate utility operations in excess of  $500,000
     2  in  the  preceding  calendar  year,  and  the  total amount which may be
     3  charged to any gas corporation and any electric  corporation  shall  not
     4  exceed  one  cent  per one thousand cubic feet of gas sold and .010 cent
     5  per kilowatt-hour of electricity sold  by  such  corporations  in  their
     6  intrastate  utility operations in calendar year 2018. Such amounts shall
     7  be excluded from the general assessment provisions of subdivision  2  of
     8  section  18-a of the public service law. The chair of the public service
     9  commission shall bill such gas and/or  electric  corporations  for  such
    10  amounts  on  or before August 10, 2020 and such amounts shall be paid to
    11  the New York state energy  research  and  development  authority  on  or
    12  before  September  10,  2020.  Upon  receipt,  the New York state energy
    13  research and development authority shall deposit such funds in the ener-
    14  gy research and  development  operating  fund  established  pursuant  to
    15  section  1859  of  the public authorities law. The New York state energy
    16  research and development authority is authorized and  directed  to:  (1)
    17  transfer  up  to $4 million to the state general fund for climate change
    18  related services and expenses of the department of environmental conser-
    19  vation, $150,000 to the state general fund for services and expenses  of
    20  the department of agriculture and markets, and $825,000 to the Universi-
    21  ty of Rochester laboratory for laser energetics from the funds received;
    22  and  (2)  commencing in 2016, provide to the chair of the public service
    23  commission and the director of the budget and the chairs and secretaries
    24  of the legislative fiscal committees, on or before August first of  each
    25  year, an itemized record, certified by the president and chief executive
    26  officer  of the authority, or his or her designee, detailing any and all
    27  expenditures and commitments ascribable to moneys received as  a  result
    28  of  this  assessment  by  the  chair of the department of public service
    29  pursuant to section 18-a of the  public  service  law.    This  itemized
    30  record  shall include an itemized breakdown of the programs being funded
    31  by this section and the amount committed to each program.  The authority
    32  shall not commit for  any  expenditure,  any  moneys  derived  from  the
    33  assessment provided for in this section, until the chair of such author-
    34  ity  shall  have  submitted,  and  the director of the budget shall have
    35  approved, a comprehensive financial plan encompassing all moneys  avail-
    36  able to and all anticipated commitments and expenditures by such author-
    37  ity from any source for the operations of such authority.  Copies of the
    38  approved  comprehensive financial plan shall be immediately submitted by
    39  the chair to the  chairs  and  secretaries  of  the  legislative  fiscal
    40  committees.    Any  such  amount  not  committed  by  such  authority to
    41  contracts or contracts to  be  awarded  or  otherwise  expended  by  the
    42  authority  during the fiscal year shall be refunded by such authority on
    43  a pro-rata basis to such gas and/or electric corporations, in  a  manner
    44  to  be  determined  by  the department of public service, and any refund
    45  amounts must be explicitly lined out in the  itemized  record  described
    46  above.
    47    §  2.  This  act  shall take effect immediately and shall be deemed to
    48  have been in full force and effect on and after April 1, 2020.
 
    49                                   PART II
 
    50    Section 1. Subdivision 16 of section 2 of the labor law, as  added  by
    51  chapter  564 of the laws of 2010, is renumbered subdivision 17 and a new
    52  subdivision 18 is added to read as follows:
    53    18. "Farm laborer" shall mean any individual who works on a  farm  and
    54  is  an  employee  under  article nineteen of this chapter. Members of an

        S. 7508--B                         41                         A. 9508--B
 
     1  employer's immediate family who are  related  to  the  third  degree  of
     2  consanguinity  or  affinity  shall not be considered to be employed on a
     3  farm if they work on a farm out of familial obligations and are not paid
     4  wages, or other compensation based on their hours or days of work.
     5    §  2.  Paragraph (c) of subdivision 3 of section 701 of the labor law,
     6  as added by chapter 105 of the laws of  2019,  is  amended  to  read  as
     7  follows:
     8    (c) The term "employee" shall also include farm laborers. "Farm labor-
     9  ers"  shall  mean  any individual engaged or permitted by an employer to
    10  work on a farm[, except the parent, spouse, child, or  other  member  of
    11  the  employer's immediate family]. Members of an agricultural employer's
    12  immediate family who are related to the third degree of consanguinity or
    13  affinity shall not be considered to be employed on a farm if  they  work
    14  on  a  farm out of familial obligations and are not paid wages, or other
    15  compensation based on their hours or days of work.
    16    § 3. Section 705 of the labor law is amended by adding a new  subdivi-
    17  sion 1-b to read as follows:
    18    1-b.  The board shall determine whether any supervisory employee shall
    19  be excluded from any negotiating unit that includes  rank-and-file  farm
    20  laborers;  provided,  however, that nothing in this subdivision shall be
    21  construed to limit or prohibit any supervisory employee from  organizing
    22  a separate negotiating unit.
    23    §  4.  The  closing  paragraph  of subdivision 1 of section 161 of the
    24  labor law, as added by chapter 105 of the laws of 2019,  is  amended  to
    25  read as follows:
    26    Every  person  employed  as  a  farm laborer shall be allowed at least
    27  twenty-four consecutive hours of rest in each and every  calendar  week.
    28  [This  requirement shall not apply to the parent, child, spouse or other
    29  member of the  employer's  immediate  family.]  Twenty-four  consecutive
    30  hours  spent  at  rest because of circumstances, such as weather or crop
    31  conditions, shall be deemed to constitute  the  rest  required  by  this
    32  paragraph.  No provision of this paragraph shall prohibit a farm laborer
    33  from voluntarily agreeing to work on such day of rest required  by  this
    34  paragraph,  provided that the farm laborer is compensated at an overtime
    35  rate which is at least one and one-half times the laborer's regular rate
    36  of pay for all hours worked on such day of rest. The term  "farm  labor"
    37  shall  include  all  services  performed  in  agricultural employment in
    38  connection with cultivating the soil, or in connection with  raising  or
    39  harvesting of agricultural commodities, including the raising, shearing,
    40  caring  for  and  management  of livestock, poultry or dairy. The day of
    41  rest authorized under this subdivision should, whenever possible,  coin-
    42  cide with the traditional day reserved by the farm laborer for religious
    43  worship.
    44    §  5.  Section  163-a of the labor law, as added by chapter 105 of the
    45  laws of 2019, is amended to read as follows:
    46    § 163-a. Farm laborers. No person  or  corporation  operating  a  farm
    47  shall  require any [employee] farm laborer to work more than sixty hours
    48  in  any  calendar  week;  provided,  however,  that  any  overtime  work
    49  performed by a farm laborer shall be at a rate which is at least one and
    50  one-half  times  the  farm laborer's regular rate of pay. [No wage order
    51  subject to the provisions of this chapter shall be applicable to a  farm
    52  laborer  other  than  a  wage  order established pursuant to section six
    53  hundred seventy-four or six hundred seventy-four-a of this chapter.]
    54    § 6. The opening paragraph of subdivision 2  of  section  652  of  the
    55  labor  law,  as amended by chapter 38 of the laws of 1990, is amended to
    56  read as follows:

        S. 7508--B                         42                         A. 9508--B
 
     1    The minimum wage orders in effect on the effective date  of  this  act
     2  shall  remain in full force and effect, except as modified in accordance
     3  with the provisions of this article; provided, however, that the minimum
     4  wage order for farm workers codified at part one hundred ninety of title
     5  twelve  of the New York code of rules and regulations in effect on Janu-
     6  ary first, two thousand twenty shall be deemed to be a wage order estab-
     7  lished and adopted under this article and shall remain in full force and
     8  effect except as modified in accordance  with  the  provisions  of  this
     9  article or article nineteen-A of this chapter.
    10    §  7. Subdivision 2 of section 671 of the labor law, as added by chap-
    11  ter 552 of the laws of 1969, is amended to read as follows:
    12    2. "Employee" includes any individual employed or permitted to work by
    13  an employer on a farm but shall not include: (a) domestic service in the
    14  home of the employer; (b) the parent, spouse, child or other  member  of
    15  the  employer's  immediate  family; (c) a minor under seventeen years of
    16  age employed as a hand harvest worker on the same farm as his parent  or
    17  guardian and who is paid on a piece-rate basis at the same piece rate as
    18  employees  seventeen years of age or over; or (d) an individual employed
    19  or permitted to work for a federal, state, or a municipal government  or
    20  political  subdivision  thereof[;  or  (e)  an  individual  to  whom the
    21  provisions of article nineteen of this chapter are applicable].
    22    § 8. This act shall take effect immediately and  shall  be  deemed  to
    23  have been in full force and effect on and after January 1, 2020.
 
    24                                   PART JJ
 
    25    Section  1.  Subparagraph  (ii)  of  paragraph  a  of subdivision 9 of
    26  section 103 of the general municipal law, as amended by  chapter  90  of
    27  the laws of 2017, is amended to read as follows:
    28    (ii)  such  association of producers or growers is comprised of owners
    29  of farms who also operate such farms and have combined to fill the order
    30  of a school district or board of cooperative educational  services,  and
    31  where  such order is for [fifty] one hundred thousand dollars or less as
    32  herein authorized, provided however, that a school district or board  of
    33  cooperative educational services may apply to the commissioner of educa-
    34  tion  for permission to purchase orders of more than [fifty] one hundred
    35  thousand dollars from an association of owners of  such  farms  when  no
    36  other producers or growers have offered to sell to such school;
    37    § 2. This act shall take effect immediately.
 
    38                                   PART KK
 
    39    Section  1.  Subdivision 4 of section 1285-j of the public authorities
    40  law is amended by adding a new closing paragraph to read as follows:
    41    Subject to any applicable provisions of  federal  or  state  law,  any
    42  financial  assistance  at  an  interest rate of zero percent provided to
    43  municipalities that meet the  financial  hardship  criteria  regulations
    44  established  pursuant  to section 17-1909 of the environmental conserva-
    45  tion law, may have a final maturity up to forty years  following  sched-
    46  uled completion of the eligible project.
    47    §  2. Subdivision 4 of section 1285-m of the public authorities law is
    48  amended by adding a new closing paragraph to read as follows:
    49    Subject to any applicable provisions of  federal  or  state  law,  any
    50  financial  assistance  at  an  interest rate of zero percent provided to
    51  recipients that meet the financial hardship criteria regulations  estab-
    52  lished  pursuant  to  title  four of article eleven of the public health

        S. 7508--B                         43                         A. 9508--B
 
     1  law, may have a final maturity up to  forty  years  following  scheduled
     2  completion of the eligible project.
     3    § 3. This act shall take effect immediately.
 
     4                                   PART LL
 
     5                            Intentionally Omitted
 
     6                                   PART MM
 
     7    Section 1. The financial services law is amended by adding a new arti-
     8  cle 7 to read as follows:
 
     9                                  ARTICLE 7
    10                          STUDENT DEBT CONSULTANTS
    11  Section 701. Definitions.
    12          702. Prohibitions.
    13          703. Disclosure requirements.
    14          704. Student debt consulting contracts.
    15          705. Penalties and other provisions.
    16          706. Rules and regulations.
    17    §  701. Definitions.   (a) The term "advertisement" shall include, but
    18  is not limited to, all forms  of  marketing,  solicitation,  or  dissem-
    19  ination  of  information related, directly or indirectly, to securing or
    20  obtaining a student debt consulting contract or  services.  Further,  it
    21  shall include all commonly recognized forms of media marketing via tele-
    22  vision,  radio,  print  media, all forms of electronic communication via
    23  the internet, and all prepared sales presentations given  in  person  or
    24  over the internet to the general public.
    25    (b)  "Borrower"  means  any  resident of this state who has received a
    26  student loan or agreed in writing to pay a student loan  or  any  person
    27  who  shares a legal obligation with such resident for repaying a student
    28  loan.
    29    (c) "FSA ID" means a username and password allocated to an  individual
    30  by  the federal government to enable the individual to log in to certain
    31  United States department of education websites, and may be used to  sign
    32  certain documents electronically.
    33    (d) "Student loan" means any loan to a borrower to finance post-secon-
    34  dary education or expenses related to post-secondary education.
    35    (e)  "Student  debt consulting contract" or "contract" means an agree-
    36  ment between a borrower and a  consultant  under  which  the  consultant
    37  agrees to provide student debt consulting services.
    38    (f) "Student debt consultant" or "consultant" means an individual or a
    39  corporation,  partnership,  limited  liability company or other business
    40  entity that, directly or indirectly, solicits or  undertakes  employment
    41  to  provide  student  debt  consulting  services.  A consultant does not
    42  include the following:
    43    (1) a person or entity who holds or  is  owed  an  obligation  on  the
    44  student  loan while the person or entity performs services in connection
    45  with the student loan;
    46    (2) a bank, trust  company,  private  banker,  bank  holding  company,
    47  savings  bank,  savings  and  loan  association, thrift holding company,
    48  credit union or insurance company  organized  under  the  laws  of  this
    49  state,  another state or the United States, or a subsidiary or affiliate
    50  of such entity or a foreign banking corporation licensed by  the  super-
    51  intendent of financial services or the comptroller of the currency;

        S. 7508--B                         44                         A. 9508--B
 
     1    (3)  a bona fide not-for-profit organization that offers counseling or
     2  advice to borrowers;
     3    (4) an attorney admitted to practice in the state of New York when the
     4  attorney  is  providing  student  debt consulting services to a borrower
     5  free of charge;
     6    (5) a public post-secondary educational institution or private nonpro-
     7  fit post-secondary educational institution; or
     8    (6) such other persons as the superintendent prescribes by rule.
     9    (g) "Student debt consulting services" means services that  a  student
    10  debt  consultant  provides  to a borrower that the consultant represents
    11  will help to achieve any of the following:
    12    (1) stop, enjoin, delay, void, set aside, annul, stay  or  postpone  a
    13  default, bankruptcy, tax offset, or garnishment proceeding;
    14    (2)  obtain a forbearance, deferment, or other relief that temporarily
    15  halts repayment of a student loan;
    16    (3) assist the borrower with preparing or filing documents related  to
    17  student loan repayment;
    18    (4)  advise the borrower which student loan repayment plan or forgive-
    19  ness program to consider;
    20    (5) enroll the borrower in any student  loan  repayment,  forgiveness,
    21  discharge, or consolidation program;
    22    (6)  assist  the  borrower  in re-establishing eligibility for federal
    23  student financial assistance;
    24    (7) assist the borrower in removing a student loan from default; or
    25    (8) educate the borrower about student loan repayment.
    26    § 702. Prohibitions.   A student debt consultant  is  prohibited  from
    27  doing the following:
    28    (a)  performing student debt consulting services without a legal writ-
    29  ten, fully-executed contract with a  borrower  that  comports  with  the
    30  provisions of this article;
    31    (b)  charging for or accepting any payment for student debt consulting
    32  services before the full completion of all such  services,  including  a
    33  payment  to  be  placed  in  escrow  or  any  other  account pending the
    34  completion of such services;
    35    (c) taking a power of attorney from a borrower;
    36    (d) retaining any original loan document or  other  original  document
    37  related to a borrower's student loan;
    38    (e)  requesting  that  a  borrower  provide  his  or her FSA ID to the
    39  consultant, or accepting a borrower's FSA ID;
    40    (f) stating or implying that a borrower will not  be  able  to  obtain
    41  relief on their own;
    42    (g) misrepresenting, expressly or by implication, that:
    43    (1) the consultant is a part of, affiliated with, or endorsed or spon-
    44  sored  by  the  government,  government loan programs, the United States
    45  department of education, or borrowers' student loan servicers; or
    46    (2) some or all of a borrower's payments to  the  consultant  will  be
    47  applied towards the borrower's student loans.
    48    (h)  inducing  or  attempting  to  induce  a student debtor to enter a
    49  contract that does not fully comply with the provisions of this article;
    50  or
    51    (i) engaging in any unfair, deceptive, or abusive act or practice.
    52    § 703. Disclosure requirements.  (a) A student debt  consultant  shall
    53  clearly and conspicuously disclose in all advertisements:
    54    (1) the actual services the consultant provides to borrowers;
    55    (2)  that  borrowers may apply for consolidation loans from the United
    56  States department of education at no cost, including providing a  direct

        S. 7508--B                         45                         A. 9508--B
 
     1  link  in  all  online  advertising  and contact information in all print
     2  advertising to the application materials for a Direct Consolidation Loan
     3  from the United States department of education;
     4    (3) that consolidation or other services offered by the consultant may
     5  not be the best or only option for borrowers;
     6    (4)  that  alternative federal student loan repayment plans, including
     7  income-based programs, that do not require consolidating existing feder-
     8  al student loans may be available; and
     9    (5) that borrowers  should  consider  consulting  their  student  loan
    10  servicer before signing any legal document concerning a student loan.
    11    (b)  The  disclosures  required  by subsection (a) of this section, if
    12  disseminated through print media or the internet, shall be  clearly  and
    13  legibly  printed  or  displayed in not less than twelve-point bold type,
    14  or, if the advertisement is printed to be displayed  in  print  that  is
    15  smaller  than  twelve  point, in bold type print that is no smaller than
    16  the print  in  which  the  text  of  the  advertisement  is  printed  or
    17  displayed.
    18    (c)  The provisions of this section shall apply to all consultants who
    19  disseminate advertisements in the state of New York  or  who  intend  to
    20  directly  or indirectly contact a borrower who has a student loan and is
    21  a resident of or a student in New York state. Consultants  shall  estab-
    22  lish and at all times maintain control over the content, form and method
    23  of  dissemination of all advertisements of their services.  Further, all
    24  advertisements shall be sufficiently complete and  clear  to  avoid  the
    25  possibility to mislead or deceive.
    26    § 704. Student debt consulting contracts.  (a) A student debt consult-
    27  ing contract shall:
    28    (1) contain the entire agreement of the parties;
    29    (2) be provided in writing to the borrower for review before signing;
    30    (3)  be  printed in at least twelve-point type and written in the same
    31  language that is used by  the  borrower  and  was  used  in  discussions
    32  between  the  consultant  and  the  borrower  to describe the borrower's
    33  services or to negotiate the contract;
    34    (4) fully disclose the exact nature of the services to be provided  by
    35  the consultant or anyone working in association with the consultant;
    36    (5) fully disclose the total amount and terms of compensation for such
    37  services;
    38    (6)  contain  the  name,  business address and telephone number of the
    39  consultant and the street address, if different, and facsimile number or
    40  email address of the consultant where communications from the debtor may
    41  be delivered;
    42    (7) be dated and personally signed by the borrower and the  consultant
    43  and be witnessed and acknowledged by a New York notary public; and
    44    (8)  contain  the following notice, which shall be printed in at least
    45  fourteen-point boldface type, completed with the name of  the  Provider,
    46  and  located  in  immediate  proximity  to  the  space  reserved for the
    47  debtor's signature:
    48  "NOTICE REQUIRED BY NEW YORK LAW
    49  You may cancel this contract, without any penalty or obligation, at  any
    50  time before midnight of
    51  ......... (fifth business day after execution).
    52  ......... (Name  of consultant) (the "Consultant") or anyone working for
    53  the Consultant may not take any money from you  or  ask  you  for  money
    54  until  the  consultant  has  completely  finished  doing everything this
    55  Contract says the Consultant will do.

        S. 7508--B                         46                         A. 9508--B

     1  You should consider contacting your student loan servicer before signing
     2  any legal document concerning your student loan. In  addition,  you  may
     3  want  to  visit  the  New  York  State Department of Financial Services'
     4  student lending resource center at www.dfs.ny.gov/studentprotection. The
     5  law requires that this contract contain the entire agreement between you
     6  and  the  Provider.  You  should not rely upon any other written or oral
     7  agreement or promise."
     8  The Provider shall accurately enter the  date  on  which  the  right  to
     9  cancel ends.
    10    (b)  (1)  The borrower has the right to cancel, without any penalty or
    11  obligation, any contract with a consultant until midnight of  the  fifth
    12  business  day following the day on which the consultant and the borrower
    13  sign a consulting contract. Cancellation occurs when the borrower, or  a
    14  representative  of  the  borrower,  either  delivers  written  notice of
    15  cancellation in person  to  the  address  specified  in  the  consulting
    16  contract or sends a written communication by facsimile, by United States
    17  mail  or  by  an established commercial letter delivery service. A dated
    18  proof of facsimile delivery or proof of mailing  creates  a  presumption
    19  that  the  notice  of  cancellation  has  been delivered on the date the
    20  facsimile is sent or the notice is deposited in the  mail  or  with  the
    21  delivery service. Cancellation of the contract shall release the borrow-
    22  er  from  all  obligations  to pay fees or any other compensation to the
    23  consultant.
    24    (2) The contract shall  be  accompanied  by  two  copies  of  a  form,
    25  captioned  "notice  of cancellation" in at least twelve-point bold type.
    26  This form shall be attached to the contract, shall be easily detachable,
    27  and shall contain the following statement written in the  same  language
    28  as used in the contract, and the contractor shall insert accurate infor-
    29  mation as to the date on which the right to cancel ends and the contrac-
    30  tor's contact information:
    31  "NOTICE OF CANCELLATION
    32  Note:  You  may cancel this contract, without any penalty or obligation,
    33  at any time before midnight of (Enter date)
    34  To cancel this contract, sign and date both copies of this  cancellation
    35  notice  and  personally deliver one copy or send it by facsimile, United
    36  States mail, or an established commercial letter delivery service, indi-
    37  cating cancellation to the Consultant at one of the following:
    38  Name of Consultant
    39  Street Address
    40  City, State, Zip
    41  Facsimile:
    42  I hereby cancel this transaction.
    43  Name of Borrower:
    44  Signature of Borrower:
    45  Date:             "
    46    (3) Within ten days following receipt  of  a  notice  of  cancellation
    47  given  in  accordance  with this subsection, the consultant shall return
    48  any original contract and any other documents signed by or  provided  by
    49  the borrower. Cancellation shall release the borrower of all obligations
    50  to pay any fees or compensation to the consultant.
    51    §  705.  Penalties  and  other provisions.   (a) If the superintendent
    52  finds, after  notice  and  hearing,  that  a  consultant  has  knowingly
    53  violated  any  provision of this article and the violation was material,
    54  the superintendent may: (1) make null and void any agreement between the
    55  borrower and the consultant; and (2) impose a civil penalty of not  more
    56  than ten thousand dollars for each violation.

        S. 7508--B                         47                         A. 9508--B
 
     1    (b)  If  the consultant violates any provision of this article and the
     2  borrower suffers damage because  of  the  violation,  the  borrower  may
     3  recover  actual  and consequential damages and costs from the consultant
     4  in an action based on  this  article.    If  the  consultant  recklessly
     5  violates  any  provision of this article, the court may award attorneys'
     6  fees and costs.  If the consultant intentionally violates any  provision
     7  of this article, the court may award treble damages, attorneys' fees and
     8  costs.
     9    (c)  Any provision of a student debt consulting contract that attempts
    10  or purports to limit the liability of the consultant under this  article
    11  shall  be null and void. Inclusion of such provision shall at the option
    12  of the borrower render the contract void. Any provision  in  a  contract
    13  which attempts or purports to require arbitration of any dispute arising
    14  under  this  article  shall  be  void at the option of the borrower. Any
    15  waiver of the provisions of this article shall be void and unenforceable
    16  as contrary to public policy.
    17    (d) The provisions of this article are not exclusive and are in  addi-
    18  tion to any other requirements, rights, remedies, and penalties provided
    19  by law.
    20    §  706.  Rules  and  regulations.    In addition to such powers as may
    21  otherwise be prescribed by this chapter, the  superintendent  is  hereby
    22  authorized and empowered to promulgate such rules and regulations as may
    23  in the judgment of the superintendent be consistent with the purposes of
    24  this  article,  or  appropriate for the effective administration of this
    25  article.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.
 
    28                                   PART NN
 
    29                            Intentionally Omitted
 
    30                                   PART OO
 
    31                            Intentionally Omitted
 
    32                                   PART PP
 
    33    Section 1. Article 27 of the environmental conservation law is amended
    34  by adding a new title 30 to read as follows:
    35                                   TITLE 30
    36       EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL
    37                                PACKAGING BAN
    38  Section 27-3001. Definitions.
    39          27-3003. Expanded polystyrene  foam  container  and  polystyrene
    40                     loose fill packaging ban.
    41          27-3005. Exemptions and waivers.
    42          27-3007. Preemption.
    43          27-3009. Severability.
    44  § 27-3001. Definitions.
    45    For  the  purposes  of  this title, the following terms shall have the
    46  following meanings:
    47    1. "Covered food service provider" means a person engaged in the busi-
    48  ness of selling or distributing prepared food or beverages for  on-prem-
    49  ise  or  off-premise  consumption including but not limited to: (a) food
    50  service establishments, caterers, temporary food service establishments,

        S. 7508--B                         48                         A. 9508--B
 
     1  mobile food service establishments, and pushcarts as defined in the  New
     2  York  State  Sanitary Code; (b) retail food stores as defined in article
     3  28 of the agriculture and markets law; (c)  delicatessens;  (d)  grocery
     4  stores;  (e)  restaurants;  (f) cafeterias; (g) coffee shops; (h) hospi-
     5  tals, adult care facilities, and nursing homes; and (i)  elementary  and
     6  secondary schools, colleges, and universities.
     7    2.  "Disposable  food  service  container" means a bowl, carton, clam-
     8  shell, cup, lid, plate, tray, or any other product that is  designed  or
     9  used for the temporary storage or transport of a prepared food or bever-
    10  age  including  a  container generally recognized by the public as being
    11  designed for single use.
    12    3. "Expanded polystyrene  foam"  means  expanded  foam  thermoplastics
    13  utilizing  a  styrene monomer and processed by any number of techniques.
    14  Such term shall not include rigid polystyrene.
    15    4. "Manufacturer" means every person, firm or corporation that produc-
    16  es or imports polystyrene loose fill packaging that is sold, offered for
    17  sale, or distributed in the state.
    18    5. "Polystyrene loose fill packaging" means a  void-filling  packaging
    19  product  made  of  expanded polystyrene foam that is used as a packaging
    20  fill, commonly referred to as packing peanuts.
    21    6. "Prepared food" means food or beverages that are  cooked,  chopped,
    22  sliced,  mixed,  brewed, frozen, heated, squeezed, combined or otherwise
    23  prepared on the premises of a covered food service provider for  immedi-
    24  ate  consumption  and  require  no  further  preparation to be consumed.
    25  Prepared food includes but is not limited to ready to eat takeout  foods
    26  and beverages.
    27    7. "Rigid polystyrene" means plastic packaging made from rigid, polys-
    28  tyrene resin that has not been expanded, extruded, or foamed.
    29    8.  "Store"  means  a  retail  or wholesale establishment other than a
    30  covered food service provider.
    31  § 27-3003. Expanded polystyrene foam  container  and  polystyrene  loose
    32               fill packaging ban.
    33    1.  (a)  Beginning  January first, two thousand twenty-two, no covered
    34  food service provider or store shall sell, offer for sale, or distribute
    35  disposable food service containers  that  contain  expanded  polystyrene
    36  foam in the state.
    37    (b)  Beginning January first, two thousand twenty-two, no manufacturer
    38  or store shall sell, offer for sale,  or  distribute  polystyrene  loose
    39  fill packaging in the state.
    40    2. The department is authorized to promulgate any other such rules and
    41  regulations  as  it  shall deem necessary to implement the provisions of
    42  this title including criteria related  to  what  constitutes  comparable
    43  costs pursuant to subdivision two of section 27-3005 of this title.
    44  § 27-3005. Exemptions and waivers.
    45    1. Notwithstanding any inconsistent provision of law, this title shall
    46  not apply to:
    47    (a)  Prepackaged  food  filled or sealed prior to receipt at a covered
    48  food service provider; or
    49    (b) Raw meat, pork, seafood, poultry or fish sold for the  purpose  of
    50  cooking or preparing off-premises by the customer.
    51    2.  Any  facility,  regardless of its income, including soup kitchens,
    52  food pantries and places of worship, operated by a not-for-profit corpo-
    53  ration or by a federal, state, or local government agency that  provides
    54  food  to needy individuals at no or nominal charge, and any covered food
    55  service provider having an annual gross income under five hundred  thou-
    56  sand  dollars  per  location  as stated on the income tax filing for the

        S. 7508--B                         49                         A. 9508--B
 
     1  most recent tax year  and  that:  (a)  does  not  operate  ten  or  more
     2  locations  within the state; and (b) is not operated pursuant to a fran-
     3  chise agreement may request from the department, in a  manner  and  form
     4  established  by  the  department,  a  financial  hardship  waiver of the
     5  requirements of section 27-3003 of this title.  Such waiver request  may
     6  apply  to  one  or more disposable food service containers sold, offered
     7  for sale, or distributed by any such covered food service provider.  The
     8  department  shall  grant  a waiver if such covered food service provider
     9  demonstrates that there is no alternative  product  of  comparable  cost
    10  that  is not composed of expanded polystyrene foam and that the purchase
    11  or use of an alternative product that is not composed of expanded polys-
    12  tyrene foam would create an undue  financial  hardship.  Such  financial
    13  hardship  waiver shall be valid for twelve months and shall be renewable
    14  upon application to the department.
    15  § 27-3007. Preemption.
    16    1. Except as provided in subdivisions two and three of  this  section,
    17  this  title  shall  supersede  and preempt all local laws, ordinances or
    18  regulations governing the sale,  offer  for  sale,  or  distribution  of
    19  disposable  food service containers containing expanded polystyrene foam
    20  and polystyrene loose fill packaging.
    21    2. Any local law, ordinance or regulation of any county shall  not  be
    22  preempted  if  such local law, ordinance or regulation provides environ-
    23  mental protection equal to or greater than the provisions of this  title
    24  or any rules or regulations promulgated hereunder, and such county files
    25  with  the  department  a written declaration of its intent to administer
    26  and enforce such local law, ordinance or regulation.
    27    3. This title shall not apply in a  city  with  a  population  of  one
    28  million  or more which has a local law, ordinance or regulation in place
    29  which restricts the sale, offer for sale, or  distribution  of  expanded
    30  polystyrene containers and polystyrene loose fill packaging.
    31  § 27-3009. Severability.
    32    If  any  clause,  sentence,  paragraph,  section or part of this title
    33  shall be adjudged by any court of competent jurisdiction to be  invalid,
    34  such judgment shall not affect, impair or invalidate the remainder ther-
    35  eof,  but  shall  be  confined in its operation to the clause, sentence,
    36  paragraph, section or part thereof directly involved in the  controversy
    37  in which such judgment shall have been rendered.
    38    §  2.  The  environmental  conservation law is amended by adding a new
    39  section 71-2730 to read as follows:
    40  § 71-2730. Enforcement of title 30 of article 27 of this chapter.
    41    1. Any person who shall violate section 27-3003 of this chapter  shall
    42  be  liable to the state of New York for a civil penalty of not more than
    43  two hundred fifty dollars for the first violation, not  more  than  five
    44  hundred  dollars for the second violation in the same calendar year, and
    45  not more than one thousand dollars for the  third  and  each  subsequent
    46  violation  in  the  same  calendar  year. A hearing or opportunity to be
    47  heard shall be provided prior to the assessment of any civil penalty.
    48    2. (a) The department, the department of agriculture and markets,  the
    49  department  of health, and the attorney general are hereby authorized to
    50  enforce the provisions of section 27-3003 of this chapter.
    51    (b) The provisions of section 27-3003 of  this  chapter  may  also  be
    52  enforced  by  a  county and the local legislative body thereof may adopt
    53  local laws, ordinances or regulations consistent with this title provid-
    54  ing for the enforcement of such provisions. Provided that a violation of
    55  this title may not be enforced by both  the  state  and  a  county,  and
    56  provided  further  that  any county that has filed a written declaration

        S. 7508--B                         50                         A. 9508--B
 
     1  pursuant to subdivision two of section 27-3007 of this title  shall  not
     2  enforce the provisions of this title.
     3    3. Any fines that are collected by the state during proceedings by the
     4  state to enforce the provisions of section 27-3003 of this chapter shall
     5  be  paid  into the environmental protection fund established pursuant to
     6  section ninety-two-s of the finance law.
     7    4. Any fines that are collected by a county during proceedings by  the
     8  county to enforce the provisions of section 27-3003 of this title within
     9  the county shall be retained by the county.
    10    §  3.  Subdivision  3  of  section  92-s  of the state finance law, as
    11  amended by section 4 of part H of chapter 58 of the  laws  of  2019,  is
    12  amended to read as follows:
    13    3.  Such  fund shall consist of the amount of revenue collected within
    14  the state from the amount of revenue, interest and  penalties  deposited
    15  pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
    16  amount of fees and penalties received from easements or leases  pursuant
    17  to  subdivision fourteen of section seventy-five of the public lands law
    18  and the money received as annual service  charges  pursuant  to  section
    19  four  hundred four-n of the vehicle and traffic law, all moneys required
    20  to be deposited therein from the contingency reserve  fund  pursuant  to
    21  section  two  hundred  ninety-four of chapter fifty-seven of the laws of
    22  nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
    23  pursuant  to  section thirteen of chapter six hundred ten of the laws of
    24  nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
    25  section  54-0511 of the environmental conservation law, all moneys to be
    26  deposited from the Northville settlement pursuant to section one hundred
    27  twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
    28  hundred  ninety-six,  provided  however,  that such moneys shall only be
    29  used for the cost of the purchase of private lands in the core  area  of
    30  the  central  Suffolk  pine barrens pursuant to a consent order with the
    31  Northville industries signed on  October  thirteenth,  nineteen  hundred
    32  ninety-four  and  the related resource restoration and replacement plan,
    33  the amount of penalties required to  be  deposited  therein  by  section
    34  71-2724 of the environmental conservation law, all moneys required to be
    35  deposited  pursuant to article thirty-three of the environmental conser-
    36  vation law, all fees collected pursuant to subdivision eight of  section
    37  70-0117  of  the  environmental  conservation  law, all moneys collected
    38  pursuant to title thirty-three of article fifteen of  the  environmental
    39  conservation  law,  beginning  with  the fiscal year commencing on April
    40  first, two thousand thirteen, nineteen million dollars, and  all  fiscal
    41  years  thereafter,  twenty-three million dollars plus all funds received
    42  by the state each fiscal year in excess of the  greater  of  the  amount
    43  received  from  April  first,  two thousand twelve through March thirty-
    44  first, two thousand thirteen  or  one  hundred  twenty-two  million  two
    45  hundred thousand dollars, from the payments collected pursuant to subdi-
    46  vision four of section 27-1012 of the environmental conservation law and
    47  all  funds  collected  pursuant  to section 27-1015 of the environmental
    48  conservation law, all  moneys  required  to  be  deposited  pursuant  to
    49  sections  27-2805 and 27-2807 of the environmental conservation law, all
    50  moneys collected  pursuant  to  section  71-2730  of  the  environmental
    51  conservation  law,  and all other moneys credited or transferred thereto
    52  from any other fund or source pursuant to law. All such revenue shall be
    53  initially deposited into the environmental protection fund, for applica-
    54  tion as provided in subdivision five of this section.
    55    § 4. This act shall take effect  immediately;  provided  however  that
    56  subdivision  4  of section 71-2730 of the environmental conservation law

        S. 7508--B                         51                         A. 9508--B
 
     1  as added by section two of this act shall expire and be deemed  repealed
     2  January 1, 2025.
 
     3                                   PART QQ
 
     4    Section  1.  The  restore mother nature bond act is enacted to read as
     5  follows:
     6                       ENVIRONMENTAL BOND ACT OF 2020
     7                           "RESTORE MOTHER NATURE"
     8  Section 1. Short title.
     9          2. Creation of state debt.
    10          3. Bonds of the state.
    11          4. Use of moneys received.
    12    § 1. Short title. This act shall be known and  may  be  cited  as  the
    13  "environmental bond act of 2020 restore mother nature".
    14    §  2.  Creation of state debt. The creation of state debt in an amount
    15  not exceeding in the aggregate three billion dollars ($3,000,000,000) is
    16  hereby authorized to provide moneys for the  single  purpose  of  making
    17  environmental  improvements  that  preserve,  enhance,  and  restore New
    18  York's natural resources and reduce the  impact  of  climate  change  by
    19  funding  capital  projects for: restoration and flood risk reduction not
    20  less than one billion dollars ($1,000,000,000); open space land  conser-
    21  vation   and  recreation  up  to  five  hundred  fifty  million  dollars
    22  ($550,000,000); climate change mitigation up to  seven  hundred  million
    23  dollars  ($700,000,000);  and,  water  quality improvement and resilient
    24  infrastructure  not  less  than  five  hundred  fifty  million   dollars
    25  ($550,000,000).
    26    §  3.  Bonds  of the state. The state comptroller is hereby authorized
    27  and empowered to issue and sell bonds of the state up to  the  aggregate
    28  amount  of  three  billion  dollars ($3,000,000,000) for the purposes of
    29  this act, subject to the provisions of article 5 of  the  state  finance
    30  law. The aggregate principal amount of such bonds shall not exceed three
    31  billion  dollars  ($3,000,000,000)  excluding  bonds issued to refund or
    32  otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
    33  however,  that upon any such refunding or repayment, the total aggregate
    34  principal amount of outstanding bonds may be greater than three  billion
    35  dollars ($3,000,000,000) only if the present value of the aggregate debt
    36  service  of  the  refunding  or  repayment  bonds to be issued shall not
    37  exceed the present value of the aggregate debt service of the  bonds  to
    38  be refunded or repaid. The method for calculating present value shall be
    39  determined by law.
    40    § 4. Use of moneys received. The moneys received by the state from the
    41  sale  of  bonds  sold pursuant to this act shall be expended pursuant to
    42  appropriations for capital projects related to  design,  planning,  site
    43  acquisition,  demolition,  construction,  reconstruction,  and rehabili-
    44  tation projects specified in section two of this act.
    45    § 2. This  act  shall  take  effect  immediately,  provided  that  the
    46  provisions  of  section one of this act shall not take effect unless and
    47  until this act shall have been submitted to the people  at  the  general
    48  election  to  be held in November 2020 and shall have been approved by a
    49  majority of all  votes  cast  for  and  against  it  at  such  election,
    50  provided,  however,  that  such act shall not be submitted to the people
    51  unless the director of the division  of  the  budget  certifies  to  the
    52  secretary  of  state  that  such  debt  can be issued within the state's
    53  multi-year financial plan without adversely affecting the funding avail-
    54  able for (a) capital  projects  currently  authorized  that  are  deemed

        S. 7508--B                         52                         A. 9508--B
 
     1  essential  to  the  health  and  safety  of the public, or (b) essential
     2  governmental services, and further provided that  if  such  act  is  not
     3  submitted  to  the people at the general election to be held in November
     4  2020,  this  act  shall expire and be deemed repealed.  Upon approval by
     5  the people, section one of this act shall take effect  immediately.  The
     6  ballots  to  be  furnished for the use of voters upon submission of this
     7  act shall be in the form prescribed by the election law and the proposi-
     8  tion or question to be submitted shall be printed thereon in the follow-
     9  ing form, namely "To address and combat the impact of climate change and
    10  damage to the environment, the Environmental Bond Act of  2020  "Restore
    11  Mother  Nature"  authorizes  the sale of state bonds up to three billion
    12  dollars to fund environmental protection, natural restoration, resilien-
    13  cy, and clean energy projects. Shall the Environmental Bond Act of  2020
    14  be approved?".
 
    15                                   PART RR
 
    16    Section  1.  The environmental conservation law is amended by adding a
    17  new article 58 to read as follows:
    18                                 ARTICLE 58
    19    IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER
    20                                   NATURE"
    21  Title 1. General Provisions.
    22          3. Restoration and flood risk reduction.
    23          5. Open space land conservation and recreation.
    24          7. Climate change mitigation.
    25          9. Water quality improvement and resilient infrastructure.
    26          11. Environmental justice and reporting.
 
    27                                   TITLE 1
    28                             GENERAL PROVISIONS
 
    29  Section 58-0101. Definitions.
    30          58-0103. Allocation of moneys.
    31          58-0105. Powers and duties.
    32          58-0107. Powers and duties of a municipality.
    33          58-0109. Consistency with federal tax laws.
    34          58-0111. Compliance with other law.
    35  § 58-0101. Definitions.
    36    As used in this article the following terms shall mean and include:
    37    1. "Bonds" shall mean general obligation bonds issued pursuant to  the
    38  environmental  bond  act  of  2020 "restore mother nature" in accordance
    39  with article VII of the New York state constitution and article five  of
    40  the state finance law.
    41    2.  "Cost"  means  the  expense  of  an  approved project, which shall
    42  include but not be limited to appraisal, surveying, planning,  engineer-
    43  ing and architectural services, plans and specifications, consultant and
    44  legal  services,  site  preparation,  demolition, construction and other
    45  direct expenses incident to such project.
    46    3. "Department" shall mean the department of  environmental  conserva-
    47  tion.
    48    4.  "Endangered  or  threatened  species  project"  means a project to
    49  restore, recover, or reintroduce an endangered, threatened,  or  species
    50  of  special  concern  pursuant  to  a  recovery plan or restoration plan
    51  prepared and adopted by the department, including but not limited to the
    52  state's wildlife action plan.

        S. 7508--B                         53                         A. 9508--B
 
     1    5. "Environmental justice community" means a  minority  or  low-income
     2  community  that  may bear a disproportionate share of the negative envi-
     3  ronmental consequences resulting from industrial, municipal, and commer-
     4  cial operations or the execution of federal, state,  local,  and  tribal
     5  programs and policies.
     6    6. "Flood risk reduction project" means projects that use nature-based
     7  solutions  where  possible  to  reduce erosion or flooding, and projects
     8  which mitigate or adapt to flood conditions.
     9    7. "Green buildings project" means (i) installing, upgrading, or modi-
    10  fying a renewable energy source at a state-owned  building  or  for  the
    11  purpose  of  converting or connecting a state-owned building, or portion
    12  thereof, to a renewable energy  source;  (ii)  reducing  energy  use  or
    13  improving  energy  efficiency or occupant health at a state-owned build-
    14  ing; (iii) installing a green roof at a state-owned building;  and  (iv)
    15  emission reduction projects.
    16    8.  "Municipality"  means  a  local public authority or public benefit
    17  corporation, a county, city, town, village, school district, supervisory
    18  district, district corporation, improvement district  within  a  county,
    19  city, town or village, or Indian nation or tribe recognized by the state
    20  or  the  United  States  with  a reservation wholly or partly within the
    21  boundaries of New York state, or any combination thereof.
    22    9. "Nature-based  solution"  means  projects  that  are  supported  or
    23  inspired  by nature or natural processes and functions and that may also
    24  offer environmental, economic, and  social  benefits,  while  increasing
    25  resilience.  Nature-based  solutions  include  both  green  and  natural
    26  infrastructure.
    27    10. "Open space land conservation project" means purchase of fee title
    28  or conservation easements for the purpose of protecting lands or  waters
    29  and/or  providing  recreational  opportunities  for  the public that (i)
    30  possess ecological, habitat, recreational or scenic values; (ii) protect
    31  the quality of a drinking water supply; (iii) provide flood  control  or
    32  flood  mitigation  values;  (iv) constitute a floodplain; (v) provide or
    33  have the potential  to  provide  important  habitat  connectivity;  (vi)
    34  provide  open  space  for  the use and enjoyment of the public; or (vii)
    35  provide community gardens in urban areas.
    36    11. "Recreational infrastructure project"  means  the  development  or
    37  improvement  of  state and municipal parks, campgrounds, nature centers,
    38  fish hatcheries, and infrastructure  associated  with  open  space  land
    39  conservation projects.
    40    12. "State assistance payment" means payment of the state share of the
    41  cost  of  projects  authorized  by  this  article  to preserve, enhance,
    42  restore and improve the quality of the state's environment.
    43    13. "State entity"  means  any  state  department,  division,  agency,
    44  office, public authority, or public benefit corporation.
    45    14.  "Water  quality  improvement  project"  for  the purposes of this
    46  title, means projects designed to improve the quality  of  drinking  and
    47  surface waters.
    48    15. "Wetland and stream restoration project" means activities designed
    49  to  restore freshwater and tidal wetlands, and streams of the state, for
    50  the purpose of enhancing  habitat,  increasing  connectivity,  improving
    51  water quality, and flood risk reduction.
    52  § 58-0103. Allocation of moneys.
    53    The  moneys  received  by the state from the sale of bonds pursuant to
    54  the environmental bond act of 2020 shall be disbursed in  the  following
    55  amounts  pursuant  to  appropriations  as  specifically  provided for in
    56  titles three, five, seven, and nine of this article:

        S. 7508--B                         54                         A. 9508--B

     1    1. Not less than one billion dollars ($1,000,000,000) for  restoration
     2  and flood risk reduction as set forth in title three of this article.
     3    2.  Up  to  five hundred fifty million dollars ($550,000,000) for open
     4  space land conservation and recreation as set forth  in  title  five  of
     5  this article.
     6    3.  Up  to  seven  hundred  million dollars ($700,000,000) for climate
     7  change mitigation as set forth in title seven of this article.
     8    4. Not less than five hundred fifty million dollars ($550,000,000) for
     9  water quality improvement and resilient infrastructure as set  forth  in
    10  title nine of this article.
    11  § 58-0105. Powers and duties.
    12    In implementing the provisions of this article the department is here-
    13  by authorized to:
    14    1.  Administer  funds generated pursuant to the environmental bond act
    15  of 2020 "restore mother nature".
    16    2. In the name of the state, as further provided within this  article,
    17  contract  to  make,  within  the limitations of appropriations available
    18  therefor, state  assistance  payments  toward  the  cost  of  a  project
    19  approved, and to be undertaken pursuant to this article.
    20    3. Approve vouchers for the payments pursuant to an approved contract.
    21    4.  Enter  into contracts with any person, firm, corporation, not-for-
    22  profit corporation, agency or other entity, private or governmental, for
    23  the purpose of effectuating the provisions of this article.
    24    5. Promulgate such rules and regulations and to develop such forms and
    25  procedures necessary to  effectuate  the  provisions  of  this  article,
    26  including  but  not  limited  to requirements for the form, content, and
    27  submission of applications by municipalities for state financial assist-
    28  ance.
    29    6. Delegate to, or cooperate with,  any  other  state  entity  in  the
    30  administration of this article.
    31    7.  Perform such other and further acts as may be necessary, proper or
    32  desirable to carry out the provisions of this article.
    33  § 58-0107. Powers and duties of a municipality.
    34    A municipality shall have the power and authority to:
    35    1. Undertake and carry out any  project  for  which  state  assistance
    36  payments  pursuant to contract are received or are to be received pursu-
    37  ant to this article and maintain and operate such project.
    38    2. Expend money received from the state pursuant to this  article  for
    39  costs incurred in conjunction with the approved project.
    40    3.  Apply  for  and  receive  moneys from the state for the purpose of
    41  accomplishing projects undertaken or to be undertaken pursuant  to  this
    42  article.
    43    4.  Perform such other and further acts as may be necessary, proper or
    44  desirable to carry out a project or obligation, duty or function related
    45  thereto.
    46  § 58-0109. Consistency with federal tax law.
    47    All actions undertaken pursuant to this article shall be reviewed  for
    48  consistency  with  provisions  of  the federal internal revenue code and
    49  regulations thereunder, in accordance  with  procedures  established  in
    50  connection  with  the  issuance of any tax exempt bonds pursuant to this
    51  article, to preserve the tax exempt status of such bonds.
    52  § 58-0111. Compliance with other law.
    53    Every recipient of funds to be made available pursuant to this article
    54  shall comply with all applicable state, federal and local laws.
    55                                   TITLE 3
    56                    RESTORATION AND FLOOD RISK REDUCTION

        S. 7508--B                         55                         A. 9508--B
 
     1  Section 58-0301. Allocation of moneys.
     2          58-0303.Programs, plans and projects.
     3  § 58-0301. Allocation of moneys.
     4    Of the moneys received by the state from the sale of bonds pursuant to
     5  the  environmental  bond  act of 2020, not less than one billion dollars
     6  ($1,000,000,000) shall be available for  disbursements  for  restoration
     7  and  flood risk reduction projects developed pursuant to section 58-0303
     8  of  this  title.  Not  more  than  two  hundred  fifty  million  dollars
     9  ($250,000,000)  of  this amount shall be available for projects pursuant
    10  to subdivision two of section 58-0303 of this title and  not  less  than
    11  one  hundred  million dollars ($100,000,000) each shall be available for
    12  coastal rehabilitation and shoreline restoration projects  and  projects
    13  which  address  inland  flooding, pursuant to paragraph a of subdivision
    14  one of section 58-0303 of this title.
    15  § 58-0303. Programs, plans and projects.
    16    1. Eligible restoration and flood risk reduction projects include, but
    17  are not limited to costs associated with:
    18    a. (1) projects identified in state and regional management and resto-
    19  ration programs and plans including but not limited to the  Great  Lakes
    20  Action  Agenda,  Mohawk  River  Basin  Action Agenda, Ocean Action Plan,
    21  Hudson River Estuary Action  Agenda,  Long  Island  Sound  Comprehensive
    22  Conservation and Management Plan, South Shore Estuary Reserve Comprehen-
    23  sive  Management  Plan,  Peconic  Estuary Comprehensive Conservation and
    24  Management Plan, Delaware Action Plan, Susquehanna Action  Plan,  forest
    25  management  framework  for  New York City and New York/New Jersey Harbor
    26  Estuary Plan;
    27    (2) local waterfront revitalization plans prepared pursuant to article
    28  forty-two of the executive law; and
    29    (3) coastal rehabilitation and shoreline restoration projects, includ-
    30  ing nature-based solutions;
    31    b. flood risk reduction projects including but not limited to:  acqui-
    32  sition of real property; moving, lifting or raising of  existing  flood-
    33  prone  infrastructure  or  structures; relocation, repair, or raising of
    34  flood-prone or repeatedly flooded  roadways;  and  projects  to  remove,
    35  alter,  or right-size dams, bridges, and culverts, but shall not include
    36  routine construction or maintenance undertaken by the state and  munici-
    37  palities which does not provide flood risk reduction benefits; and
    38    c.  restoration  projects  including  but not limited to:  floodplain,
    39  wetland and stream restoration projects; forest conservation; endangered
    40  and threatened  species  projects;  and  habitat  restoration  projects,
    41  including  acquisition  of  fee title and easements, intended to improve
    42  the lands and waters of the state of ecological significance or any part
    43  thereof, including, but not limited to forests, ponds,  bogs,  wetlands,
    44  bays,  sounds,  streams,  rivers,  or  lakes  and shorelines thereof, to
    45  support a spawning, nursery, wintering,  migratory,  nesting,  breeding,
    46  feeding, or foraging environment for fish and wildlife and other biota.
    47    2.  The  commissioner  and the commissioner of the division of housing
    48  and community renewal are authorized pursuant to paragraph b of subdivi-
    49  sion one of this section to purchase private real property identified as
    50  at-risk to flooding, from willing sellers. The commissioner of the divi-
    51  sion of housing and community renewal shall be authorized to transfer to
    52  any state agency or public authority any real property in order to carry
    53  out the purposes of this article. In connection therewith,  the  housing
    54  trust fund corporation shall be authorized to create a subsidiary corpo-
    55  ration  to carry out the program authorized under this subdivision. Such
    56  subsidiary corporation shall have all the  privileges,  immunities,  tax

        S. 7508--B                         56                         A. 9508--B
 
     1  exemption  and other exemptions of the agency to the extent the same are
     2  not inconsistent with this section.
     3    a.  The  commissioner  and the commissioner of the division of housing
     4  and community renewal or any other department or state agency  that  has
     5  received  funds  suballocated  pursuant  to  this section may enter into
     6  agreements with municipalities, and not-for-profit corporations for  the
     7  purpose of implementing a program pursuant to this section.
     8    b.  The  department  and the division of housing and community renewal
     9  shall prioritize projects in communities based on  past  flood  risk  or
    10  those  that  participate  in  the  federal emergency management agency's
    11  (FEMA) community rating system.
    12    c. Any state agency  or  authority,  municipality,  or  not-for-profit
    13  corporation purchasing private real property may expend costs associated
    14  with:
    15    (1)  the  acquisition  of real property, based upon the pre-flood fair
    16  market value of the subject property;
    17    (2) the demolition and removal of structures and/or infrastructure  on
    18  the property; and
    19    (3) the restoration of natural resources to facilitate beneficial open
    20  space, flood mitigation, and/or shoreline stabilization.
    21    d. Notwithstanding any provision of law to the contrary, any structure
    22  which  is  located  on  real property purchased pursuant to this program
    23  shall be demolished or removed, provided that it does not serve a use or
    24  purpose consistent with paragraph f of this subdivision.
    25    e. Notwithstanding any provision of law to the contrary, real property
    26  purchased with funding pursuant to this program shall be property of the
    27  state, municipality, or a not-for-profit corporation.
    28    f. Notwithstanding any provision of law to the contrary, real property
    29  purchased with funding pursuant to this program shall  be  restored  and
    30  maintained  in  perpetuity  in a manner that, aims to increase ecosystem
    31  function, provide additional flood  damage  mitigation  for  surrounding
    32  properties, protect wildlife habitat, and wherever practicable and safe,
    33  allow  for  passive  and/or  recreational community use. Municipal flood
    34  mitigation plans, resilience, waterfront revitalization plans or  hazard
    35  mitigation  plans,  when  applicable, shall be consulted to identify the
    36  appropriate restoration and end-use of the property.
    37    g. All or a portion of  the  appropriation  in  this  section  may  be
    38  provided  to  the  department  or  the division of housing and community
    39  renewal or suballocated to any other department, state agency  or  state
    40  authority.
    41    h.  Private  real  property  identified  as at-risk to flooding should
    42  generally be limited to those: (1) identified as being  within  the  one
    43  hundred-year  floodplain  on  the most recent FEMA flood insurance maps;
    44  (2) flooded structures that would  qualify  for  buyout  under  criteria
    45  generally applicable to FEMA post-emergency acquisitions; (3) structures
    46  identified  in  a  state,  federal, local or regional technical study as
    47  suitable for the location  of  a  flood  risk  management  or  abatement
    48  project  in  areas immediately proximate to inland or coastal waterways;
    49  or (4) structures located in coastal or riparian areas  that  have  been
    50  determined  by  a  state,  federal, local or regional technical study to
    51  significantly exacerbate flooding in other locations.
    52    3. The department, the office of parks, recreation, and historic pres-
    53  ervation and the department of state are  authorized  to  provide  state
    54  assistance  payments  or  grants  to  municipalities  and not-for-profit
    55  corporations and undertake projects pursuant to paragraph a of  subdivi-
    56  sion one of this section.

        S. 7508--B                         57                         A. 9508--B
 
     1    4.  The  department  and the office of parks, recreation, and historic
     2  preservation are authorized to  provide  state  assistance  payments  or
     3  grants  to  municipalities and not-for-profit corporations and undertake
     4  projects pursuant to paragraph b of subdivision  one  of  this  section.
     5  Culvert and bridge projects shall be in compliance with the department's
     6  stream crossing guidelines and best management practices, and engineered
     7  for  structural  integrity and appropriate hydraulic capacity including,
     8  where available, projects flows based on flood  modeling  that  incorpo-
     9  rates   climate   change  projections  and  shall  not  include  routine
    10  construction or maintenance undertaken by the state or municipalities.
    11    5. The department and the office of parks,  recreation,  and  historic
    12  preservation  are  authorized  to  provide  state assistance payments or
    13  grants to municipalities and not-for-profit corporations  and  undertake
    14  projects pursuant to paragraph c of subdivision one of this section.
    15    6.  Provided  that  for the purposes of selecting projects for funding
    16  under paragraphs b and c of subdivision one of this section,  the  rele-
    17  vant  agencies shall develop eligibility guidelines and post information
    18  on the department's website in the environmental notice bulletin provid-
    19  ing for a thirty-day public comment period and upon adoption  post  such
    20  eligibility guidelines on the relevant agency's website.
    21                                   TITLE 5
    22                 OPEN SPACE LAND CONSERVATION AND RECREATION
    23  Section 58-0501. Allocation of moneys.
    24          58-0503. Programs, plans and projects.
    25  § 58-0501. Allocation of moneys.
    26    Of the moneys received by the state from the sale of bonds pursuant to
    27  the  environmental  bond  act  of  2020  to  be used for open space land
    28  conservation and recreation projects, up to five hundred  fifty  million
    29  dollars  ($550,000,000)  shall  be  available  for  programs, plans, and
    30  projects developed pursuant to section 58-0503 of this  title,  however,
    31  not  more  than seventy-five million dollars ($75,000,000) shall be made
    32  available for the creation of  a  fish  hatchery,  or  the  improvement,
    33  expansion,  repair  or maintenance of existing fish hatcheries, not less
    34  than two hundred million dollars ($200,000,000) shall be made  available
    35  for  open  space  land  conservation projects pursuant to paragraph a of
    36  subdivision one of section 58-0503 of this title and not less  than  one
    37  hundred million dollars ($100,000,000) shall be made available for farm-
    38  land  protection  pursuant  to paragraph b of subdivision one of section
    39  58-0503 of this title.
    40  § 58-0503. Programs, plans and projects.
    41    1. Eligible open  space  working  lands  conservation  and  recreation
    42  projects include, but are not limited to:
    43    a. costs associated with open space land conservation projects;
    44    b.  costs associated with purchasing conservation easements to protect
    45  farmland pursuant to article  twenty-five-aaa  of  the  agriculture  and
    46  markets law; and
    47    c. costs associated with recreational infrastructure projects.
    48    2.  The  department  or  the  office of parks, recreation and historic
    49  preservation are authorized to undertake open  space  land  conservation
    50  projects,  in  cooperation  with willing sellers pursuant to subdivision
    51  one of this section and may enter into an agreement for purchase of real
    52  property or conservation easements on real property by a municipality or
    53  a not-for-profit corporation. Any  such  agreement  shall  contain  such
    54  provisions as shall be necessary to ensure that the purchase is consist-
    55  ent  with, and in furtherance of, this title and shall be subject to the
    56  approval of the comptroller and, as to form, the  attorney  general.  In

        S. 7508--B                         58                         A. 9508--B
 
     1  undertaking  such  projects, such commissioners shall consider the state
     2  land acquisition plan prepared pursuant to section 49-0207 of this chap-
     3  ter. Further, the department or the  office  of  parks,  recreation  and
     4  historic   preservation  are  authorized  to  provide  state  assistance
     5  payments to municipalities for eligible projects consistent  with  para-
     6  graphs a and c of subdivision one of this section.
     7    3.  The  cost of an open space land conservation project shall include
     8  the cost of preparing a management plan for the preservation and benefi-
     9  cial public enjoyment of the land  acquired  pursuant  to  this  section
    10  except  where  such  a  management  plan already exists for the acquired
    11  land.
    12    4. The department and the department of agriculture  and  markets  are
    13  authorized  to  provide,  pursuant  to paragraph b of subdivision one of
    14  this section, farmland  preservation  implementation  grants  to  county
    15  agricultural  and farmland protection boards pursuant to article twenty-
    16  five-aaa of the agriculture and markets law, or to municipalities,  soil
    17  and  water  conservation  districts  or  not-for-profit corporations for
    18  implementation of projects.
    19    5. The department is authorized to expend moneys  to  purchase  equip-
    20  ment, devices, and other necessary materials and to acquire fee title or
    21  conservation  easements  in lands for monitoring, restoration, recovery,
    22  or reintroduction projects for species listed as endangered  or  threat-
    23  ened  or  listed  as  a  species  of special concern pursuant to section
    24  11-0535 of this chapter.
    25    6. The department or the office  of  parks,  recreation  and  historic
    26  preservation  are  authorized to expend moneys for the planning, design,
    27  and construction of projects to develop and improve parks,  campgrounds,
    28  nature centers, fish hatcheries, and other recreational facilities.
    29    7.  The commissioner and a not-for-profit corporation may enter into a
    30  contract for the undertaking by the  not-for-profit  corporation  of  an
    31  open space land acquisition project.
    32    8.  Real property acquired, developed, improved, restored or rehabili-
    33  tated by or through a municipality pursuant to paragraph a  of  subdivi-
    34  sion one of this section or undertaken by or on behalf of a municipality
    35  with  funds  made  available  pursuant  to this title shall not be sold,
    36  leased, exchanged, donated or otherwise disposed of or  used  for  other
    37  than public park purposes without the express authority of an act of the
    38  legislature,  which shall provide for the substitution of other lands of
    39  equal environmental value and fair market value  and  reasonably  equiv-
    40  alent  usefulness  and  location  to  those  to be discontinued, sold or
    41  disposed of, and such other requirements as shall  be  approved  by  the
    42  commissioner.
    43    9.  Provided  that  for the purposes of selecting projects for funding
    44  under paragraphs a and b of subdivision one of this section,  the  rele-
    45  vant  agencies shall develop eligibility guidelines and post information
    46  on the department's website in the environmental notice bulletin provid-
    47  ing for a thirty day public comment period and upon adoption  post  such
    48  eligibility guidelines on the relevant agency's website.
    49                                   TITLE 7
    50                          CLIMATE CHANGE MITIGATION
    51  Section 58-0701. Allocation of moneys.
    52          58-0703. Programs, plans and projects.
    53  § 58-0701. Allocation of moneys.
    54    Of the moneys received by the state from the sale of bonds pursuant to
    55  the  environmental bond act of 2020, up to seven hundred million dollars
    56  ($700,000,000) shall be made available  for  disbursements  for  climate

        S. 7508--B                         59                         A. 9508--B

     1  change mitigation projects developed pursuant to section 58-0703 of this
     2  title.  Not less than three hundred fifty million dollars ($350,000,000)
     3  of this amount shall be available for green buildings projects.
     4  § 58-0703. Programs, plans and projects.
     5    1.  Eligible  climate  change mitigation projects include, but are not
     6  limited to:
     7    a. costs  associated  with  green  building  projects,  projects  that
     8  increase  energy  efficiency or the use or siting of renewable energy on
     9  state-owned buildings or properties including  buildings  owned  by  the
    10  state  university of the state of New York, city university of the state
    11  of New York, and community colleges;
    12    b. costs associated with projects that  utilize  natural  and  working
    13  lands  to  sequester carbon and mitigate methane emissions from agricul-
    14  tural  sources,  such  as  manure  storage  through  cover  and  methane
    15  reduction technologies;
    16    c.  costs  associated  with  implementing climate adaptation and miti-
    17  gation projects pursuant to section 54-1523 of this chapter;
    18    d. costs associated with urban forestry projects such  as  forest  and
    19  habitat  restoration,  for purchase and planting of street trees and for
    20  projects to expand  the  existing  tree  canopy  and  bolster  community
    21  health;
    22    e.  costs  associated  with  projects  that  reduce  urban heat island
    23  effect, such as installation of  green  roofs,  open  space  protection,
    24  community  gardens,  cool  pavement  projects,  projects  that create or
    25  upgrade community cooling centers, and the  installation  of  reflective
    26  roofs where installation of green roofs is not possible;
    27    f. costs associated with projects to reduce or eliminate air pollution
    28  from stationary or mobile sources of air pollution affecting an environ-
    29  mental justice community; and
    30    g.  costs  associated  with  projects  which would reduce or eliminate
    31  water pollution, whether from point or non-point  discharges,  affecting
    32  an environmental justice community.
    33    2.  The  department,  the  department  of agriculture and markets, the
    34  office of parks, recreation and  historic  preservation,  the  New  York
    35  state energy research and development authority and the office of gener-
    36  al  services  are  authorized  to  provide  state assistance payments or
    37  grants to municipalities and not-for-profit  corporations  or  undertake
    38  projects pursuant to this section.
    39    3.  Provided  that  for the purposes of selecting projects for funding
    40  under this section, the  relevant  agencies  shall  develop  eligibility
    41  guidelines and post information on the department's website in the envi-
    42  ronmental  notice  bulletin  providing  for  a thirty-day public comment
    43  period and upon adoption post such eligibility guidelines on  the  rele-
    44  vant agency's website.
    45                                   TITLE 9
    46           WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE
    47  Section 58-0901. Allocation of moneys.
    48          58-0903. Programs, plans and projects.
    49  § 58-0901. Allocation of moneys.
    50    Of the moneys received by the state from the sale of bonds pursuant to
    51  the  environmental  bond act of 2020 for disbursements for state assist-
    52  ance for water quality improvement projects as defined by title  one  of
    53  this   article,  not  less  than  five  hundred  fifty  million  dollars
    54  ($550,000,000) shall be available for water quality improvement projects
    55  developed pursuant to section 58-0903 of this title. Not less  than  two
    56  hundred million dollars ($200,000,000) of this amount shall be available

        S. 7508--B                         60                         A. 9508--B
 
     1  for  wastewater  infrastructure  projects undertaken pursuant to the New
     2  York state water infrastructure improvement  act  of  2017  pursuant  to
     3  paragraph e of subdivision one of section 58-0903 of this title, and not
     4  less  than one hundred million dollars ($100,000,000) shall be available
     5  for municipal stormwater projects pursuant to paragraph a of subdivision
     6  one of section 58-0903 of this title.
     7  § 58-0903. Programs, plans and projects.
     8    1. Eligible water quality improvement project costs include,  but  are
     9  not limited to:
    10    a.  costs  associated  with grants to municipalities for projects that
    11  reduce or control storm water runoff, using green  infrastructure  where
    12  practicable;
    13    b.  costs  associated  with projects that reduce agricultural nutrient
    14  runoff and promote soil health such as projects which implement  compre-
    15  hensive  nutrient  management plans, other agricultural nutrient manage-
    16  ment projects, and  non-point  source  abatement  and  control  programs
    17  including  projects developed pursuant to sections eleven-a and eleven-b
    18  of the soil and water conservation districts;
    19    c. costs associated with projects that address  harmful  algal  blooms
    20  such  as  abatement projects and projects focused on addressing nutrient
    21  reduction in freshwater and  marine  waters,  wastewater  infrastructure
    22  systems that treat nitrogen and phosphorus, and lake treatment systems;
    23    d.  costs associated with wastewater infrastructure projects including
    24  but not limited to extending or  establishing  sewer  lines  to  replace
    25  failing  septic systems or cesspools and projects as provided by section
    26  twelve hundred eighty-five-u of the public authorities law;
    27    e. costs associated with projects to reduce, avoid or eliminate  point
    28  and  non-point  source discharges to water including projects authorized
    29  by the New York state water improvement infrastructure act of  2017  and
    30  section twelve hundred eighty-five-s of the public authorities law;
    31    f.  costs  associated  with  the  establishment of riparian buffers to
    32  provide distance between farm fields and streams or abate erosion during
    33  high flow events; and
    34    g. costs associated with lead service  line  replacement  pursuant  to
    35  section eleven hundred fourteen of the public health law.
    36    2.  The  department  and  the  New York state environmental facilities
    37  corporation are authorized  to  provide  state  assistance  payments  or
    38  grants  to municipalities for projects authorized pursuant to paragraphs
    39  a, b, and d of subdivision one of this section.
    40    3. The department of agriculture and markets shall  be  authorized  to
    41  make  state assistance payments to soil and water conservation districts
    42  for the  cost  of  implementing  agricultural  environmental  management
    43  plans, including purchase of equipment for measuring and monitoring soil
    44  health and soil conditions.
    45    4.  The  department is authorized to make grants available to not-for-
    46  profits and academic institutions for paragraphs b, c, and f of subdivi-
    47  sion one of this section, and make state assistance payments to  munici-
    48  palities and undertake projects pursuant to this section.
    49    5. Provided that for the purposes of selecting projects for funding of
    50  this section, the relevant agencies shall develop eligibility guidelines
    51  and  post  information  on the department's website in the environmental
    52  notice bulletin providing for a thirty-day  public  comment  period  and
    53  upon  adoption post such eligibility guidelines on the relevant agency's
    54  website.
    55                                  TITLE 11
    56                     ENVIRONMENTAL JUSTICE AND REPORTING

        S. 7508--B                         61                         A. 9508--B
 
     1  Section 58-1101. Benefits of funds.
     2          58-1103. Reporting.
     3  § 58-1101. Benefits of funds.
     4    The  department  shall  make  every  effort practicable to ensure that
     5  thirty-five percent of the funds pursuant to this article benefit  envi-
     6  ronmental justice communities.
     7  § 58-1103. Reporting.
     8    1.  No  later  than  sixty days following the end of each fiscal year,
     9  each department, agency, public benefit corporation, and public authori-
    10  ty receiving an allocation or allocations of appropriation financed from
    11  the restore mother nature environmental bond act of 2020 shall submit to
    12  the commissioner in a manner and form prescribed by the department,  the
    13  following  information  as  of  March  thirty-first of such fiscal year,
    14  within each category listed in this title:    the  total  appropriation;
    15  total  commitments;  year-to-date  disbursements;  remaining uncommitted
    16  balances; and a description of each project.
    17    2. No later than one hundred twenty days following  the  end  of  each
    18  fiscal  year, the department shall submit to the governor, the temporary
    19  president of the senate, and the speaker of the assembly a  report  that
    20  includes  the information received. A copy of the report shall be posted
    21  on the department's website.
    22    § 2. The state finance law is amended by adding a new section  97-tttt
    23  to read as follows:
    24    §  97-tttt. Restore mother nature bond fund. 1. There is hereby estab-
    25  lished in the joint custody of the state comptroller and the commission-
    26  er of taxation and finance a special fund to be known  as  the  "restore
    27  mother nature bond fund".
    28    2.  The state comptroller shall deposit into the restore mother nature
    29  bond fund all moneys received by the state from the sale of bonds and/or
    30  notes for uses eligible pursuant to section four  of  the  environmental
    31  bond act of 2020 "restore mother nature".
    32    3.  Moneys in the restore mother nature bond fund, following appropri-
    33  ation by the legislature and allocation by the director of  the  budget,
    34  shall  be  available  only  for  reimbursement of expenditures made from
    35  appropriations from the capital projects fund for  the  purpose  of  the
    36  restore  mother nature bond fund, as set forth in the environmental bond
    37  act of 2020 "restore mother nature".
    38    4. No moneys received by the state from the sale of bonds and/or notes
    39  sold pursuant to the environmental bond  act  of  2020  "restore  mother
    40  nature" shall be expended for any project until funds therefor have been
    41  allocated  pursuant  to the provisions of this section and copies of the
    42  appropriate certificates of approval filed with the chair of the  senate
    43  finance  committee,  the  chair of the assembly ways and means committee
    44  and the state comptroller.
    45    § 3. Section 61 of the state finance law is amended by  adding  a  new
    46  subdivision 32 to read as follows:
    47    32. Thirty years. For the payment of "restore mother nature" projects,
    48  as  defined in article fifty-eight of the environmental conservation law
    49  and undertaken pursuant to a chapter of the laws of two thousand twenty,
    50  enacting and constituting the environmental bond act  of  2020  "restore
    51  mother  nature".    Thirty years for flood control infrastructure, other
    52  environmental infrastructure, wetland  and  other  habitat  restoration,
    53  water  quality  projects,  acquisition of land, including acquisition of
    54  real property, and renewable energy projects. Notwithstanding the  fore-
    55  going,  for  the  purposes of calculating annual debt service, the state
    56  comptroller shall apply a weighted average period of  probable  life  of

        S. 7508--B                         62                         A. 9508--B
 
     1  restore mother nature projects, including any other works or purposes to
     2  be  financed  with  state debt. Weighted average period of probable life
     3  shall be determined by computing the sum of the  products  derived  from
     4  multiplying  the  dollar value of the portion of the debt contracted for
     5  each work or purpose (or class of works or  purposes)  by  the  probable
     6  life  of such work or purpose (or class of works or purposes) and divid-
     7  ing the resulting sum by the dollar  value  of  the  entire  debt  after
     8  taking into consideration any original issue premium or discount.
     9    §  4.  If any clause, sentence, paragraph, section or part of this act
    10  shall be adjudged by any court of competent jurisdiction to be  invalid,
    11  such judgment shall not affect, impair or invalidate the remainder ther-
    12  eof,  but  shall  be  confined in its operation to the clause, sentence,
    13  paragraph, section or part thereof directly involved in the  controversy
    14  in which such judgment shall have been rendered.
    15    §  5.  This  act shall take effect only in the event that section 1 of
    16  part QQ of the chapter of the laws of 2020  enacting  the  environmental
    17  bond  act  of 2020 "restore mother nature" is submitted to the people at
    18  the general election to be held in November 2020 and is  approved  by  a
    19  majority  of  all  votes  cast for and against it at such election. Upon
    20  such approval, this act shall take effect immediately; provided that the
    21  commissioner of environmental conservation shall notify the  legislative
    22  bill drafting commission upon the occurrence of the enactment of section
    23  1  of  part  QQ of the chapter of the laws of 2020 enacting the environ-
    24  mental bond act of 2020 "restore  mother  nature",  in  order  that  the
    25  commission  may  maintain  an accurate and timely effective data base of
    26  the official text of the laws of the state of New York in furtherance of
    27  effectuating the provisions of section 44 of  the  legislative  law  and
    28  section  70-b  of  the  public  officers law. Effective immediately, the
    29  addition, amendment, and/or repeal of any rule or  regulation  necessary
    30  for the implementation of the foregoing sections of this act are author-
    31  ized  and  directed to be made and completed on or before such effective
    32  date.
 
    33                                   PART SS
 
    34                            Intentionally Omitted
 
    35                                   PART TT
 
    36                            Intentionally Omitted
 
    37                                   PART UU
 
    38    Section 1. This act enacts into law components  of  legislation  which
    39  are  necessary to implement legislation relating to the Bay Park Convey-
    40  ance Project.  Each component is wholly contained within a Subpart iden-
    41  tified as Subparts A through C. The effective date for  each  particular
    42  provision contained within such Subpart is set forth in the last section
    43  of  such  Subpart.    Any  provision  in  any section contained within a
    44  Subpart, including the effective date of  the  Subpart,  which  makes  a
    45  reference  to a section "of this act", when used in connection with that
    46  particular component, shall be deemed to mean and refer  to  the  corre-
    47  sponding  section  of the Subpart in which it is found. Section three of
    48  this act sets forth the general effective date of this act.
 
    49                                  SUBPART A

        S. 7508--B                         63                         A. 9508--B
 
     1    Section 1. Subject to the  provisions  of  this  act,  the  county  of
     2  Nassau,  acting by and through the county legislature of such county, is
     3  hereby authorized to (a) discontinue permanently the use as parkland the
     4  subsurface lands described in sections four, five, seven, eight, ten and
     5  eleven  of  this act and establish permanent easements on such lands for
     6  the purpose of constructing,  operating,  maintaining  and  repairing  a
     7  subsurface  sewer main, and (b) discontinue temporarily the use as park-
     8  land the lands described in sections three, six and nine of this act and
     9  establish  temporary  easements  on  such  lands  for  the  purpose   of
    10  constructing  a  subsurface  sewer main. Authorization for the temporary
    11  easements described in sections three, six, and nine of this  act  shall
    12  cease  upon  the  completion  of the construction of such sewer main, at
    13  which time the department of environmental  conservation  shall  restore
    14  the  surface of the parklands disturbed and the parklands shall continue
    15  to be used for park purposes as they were prior to the establishment  of
    16  such  temporary  easements.  Authorization  for  the permanent easements
    17  described in sections four, five, seven, eight, ten and eleven  of  this
    18  act  shall  require  that  the  department of environmental conservation
    19  restore the surface of the parklands disturbed and the  parklands  shall
    20  continue  to  be used for park purposes as they were prior to the estab-
    21  lishment of the permanent easements.
    22    § 2. The authorization provided in section one of this  act  shall  be
    23  effective  only upon the condition that the county of Nassau dedicate an
    24  amount equal to or greater than the fair market value of  the  parklands
    25  being  discontinued  to  the acquisition of new parklands and/or capital
    26  improvements to existing park and recreational facilities.
    27    § 3. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
    28  land upon and under which a temporary easement may be established pursu-
    29  ant  to  subdivision  (b) of section one of this act is described as all
    30  that certain plot, piece or parcel of land with buildings  and  improve-
    31  ments  thereon  erected,  situate,  lying and being located at Bay Park,
    32  Town of Hempstead, County of Nassau and State of  New  York  being  more
    33  particularly  bounded  and described as follows: beginning at a point on
    34  the northerly line of the Nassau County Sewage Treatment Plant property,
    35  said Point of Beginning being  South  68°00'  East,  as  measured  along
    36  northerly  line  of said sewage treatment plant, 543 feet plus or minus,
    37  from the intersection of the northerly line Nassau County Sewage  Treat-
    38  ment  Plant  with  the  westerly  side of Compton Street; running thence
    39  South 68°00' East, along the northerly line  of  said  sewage  treatment
    40  plant, 247 feet plus or minus; thence South 07°04' West 196 feet plus or
    41  minus;  thence  North  78°37'  West  33 feet plus or minus; thence North
    42  06°10' East 105 feet plus or minus; thence North  30°53'  West  56  feet
    43  plus  or  minus; thence North 64°27' West 190 feet plus or minus; thence
    44  North 20°21' East 49 feet plus or minus, to the northerly  line  of  the
    45  Nassau  County  Sewage  Treatment  Plant,  at  the  Point  of Beginning.
    46  Containing within said bounds 19,700 square  feet  plus  or  minus.  The
    47  above  described temporary easement is for the construction of a thirty-
    48  foot diameter access shaft. The location of said access  shaft  is  more
    49  particularly  described  in  section four of this act. Said parcel being
    50  part of property designated as Section: 42 Block: A Lots: 50, 57 on  the
    51  Nassau County Land and Tax Map.
    52    §  4.  PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
    53  under which a permanent easement may be established pursuant to subdivi-
    54  sion (a) of section one of this act is described  as  all  that  certain
    55  plot,  piece  or  parcel of land with buildings and improvements thereon
    56  erected, situate, lying and being located at Bay  Park,  Town  of  Hemp-

        S. 7508--B                         64                         A. 9508--B
 
     1  stead,  County  of  Nassau and State of New York being more particularly
     2  bounded and described as follows: a circular easement with a  radius  of
     3  15 feet, the center of said circle being the following three (3) courses
     4  from  the intersection of the northerly line of the Nassau County Sewage
     5  Treatment Plant with the westerly side of Compton Street: running thence
     6  South 68°00' East, along the northerly line  of  said  sewage  treatment
     7  plant,  581  feet plus or minus to the centerline of the permanent ease-
     8  ment for a force main described in section  five  of  this  act;  thence
     9  South  21°34' West, along said centerline, 17 feet plus or minus; thence
    10  South 14°28' West, continuing along said centerline, 1,439 feet plus  or
    11  minus, to the center of the herein described circular easement. Contain-
    12  ing  within  said  bound  707 square feet plus or minus.  Said permanent
    13  easement is for an access shaft that extends from  the  surface  of  the
    14  ground  to  an  approximate  depth  of  70  feet.  Any permanent surface
    15  improvements for cathodic protection, if necessary, would be flush  with
    16  the  ground  surface  or  integrated  into site landscaping. Said parcel
    17  being part of property designated as Section: 42 Block: A Lots:  50,  57
    18  on the Nassau County Land and Tax Map.
    19    §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
    20  under which a permanent easement may be established pursuant to subdivi-
    21  sion (a) of section one of this act is described  as  all  that  certain
    22  plot,  piece  or  parcel of land with buildings and improvements thereon
    23  erected, situate, lying and being located at Bay  Park,  Town  of  Hemp-
    24  stead, County of Nassau and State of New York being a 20-foot wide strip
    25  of land more particularly bounded and described as follows: beginning at
    26  a  point  on  the  northerly  line of the Nassau County Sewage Treatment
    27  Plant property, said Point of Beginning  being  South  68°00'  East,  as
    28  measured  along  northerly line of said sewage treatment plant, 571 feet
    29  plus or minus, from the intersection of the northerly line Nassau County
    30  Sewage Treatment Plant with the westerly side of Compton Street; running
    31  thence South 68°00' East, along the northerly line of said sewage treat-
    32  ment plant, 20 feet plus or minus; thence South 21°34' West 17 feet plus
    33  or minus; thence South 14°28' West 1,463  feet  plus  or  minus;  thence
    34  North  75°32' West 20 feet plus or minus; thence North 14°28' East 1,464
    35  feet plus or minus; thence North 21°34' East 18 feet plus or  minus,  to
    36  the  northerly  line of the Nassau County Sewage Treatment Plant, at the
    37  Point of Beginning. Containing within said bounds  29,600  square  feet.
    38  The above described permanent easement is for the construction and oper-
    39  ation  of  a  six-foot diameter force main at a minimum depth of fifteen
    40  feet below the ground surface. Said parcel being part of property desig-
    41  nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and
    42  Tax Map.
    43    § 6. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
    44  land upon and under which a temporary easement may be established pursu-
    45  ant  to  subdivision  (b) of section one of this act is described as all
    46  that certain plot, piece or parcel of land with buildings  and  improve-
    47  ments thereon erected, situate, lying and being located at the hamlet of
    48  Wantagh, Town of Hempstead, County of Nassau and State of New York being
    49  more particularly bounded and described as follows: beginning at a point
    50  on the northwesterly line of the herein described temporary easement for
    51  the  force  main  shaft construction area, said Point of Beginning being
    52  more particularly described as commencing at  the  intersection  of  the
    53  southerly  side of Sunrise Highway Street with the southeasterly side of
    54  Lakeview Road; running thence southerly along the southeasterly side  of
    55  Lakeview Road 243 feet plus or minus, to the centerline of the permanent
    56  subsurface  easement  for  force main described in section eight of this

        S. 7508--B                         65                         A. 9508--B
 
     1  act; thence South 60°06' East, along said centerline, 25  feet  plus  or
     2  minus, to the northwesterly line of the temporary easement for the force
     3  main shaft construction area, at the Point of Beginning.  Running thence
     4  North  39°06'  East  111 feet plus or minus; thence South 55°47' East 70
     5  feet plus or minus; thence South 38°42' West 240  feet  plus  or  minus;
     6  thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
     7  127  feet  plus  or minus, to the Point of Beginning.  Containing within
     8  said bounds 16,900 square feet plus or minus. The above described tempo-
     9  rary easement is for the construction of a thirty-foot  diameter  access
    10  shaft.  The location of said access shaft is more particularly described
    11  in section seven of this act.  Said parcel being part of property desig-
    12  nated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax
    13  Map.
    14    § 7. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland  upon  and
    15  under which a permanent easement may be established pursuant to subdivi-
    16  sion  (a)  of  section  one of this act is described as all that certain
    17  plot, piece or parcel of land with buildings  and  improvements  thereon
    18  erected,  situate, lying and being located at Hamlet of Wantagh, Town of
    19  Hempstead, County of Nassau and State of New York being more particular-
    20  ly bounded and described as follows: a circular easement with  a  radius
    21  of 15 feet, the center of said circle being the following two (2) cours-
    22  es  from  the intersection of the southerly side of Sunrise Highway with
    23  the southeasterly side of Lakeview Road: Southerly along the  southeast-
    24  erly  side of Lakeview Road 243 feet plus or minus, to the centerline of
    25  the permanent subsurface easement for force main, described  in  section
    26  eight  of  this  act;  South 60°06' East, along said centerline, 51 feet
    27  plus or minus, to the center of the herein described circular  easement.
    28  Containing  within said bounds a surface area of 707 square feet plus or
    29  minus. Said permanent easement is for an access shaft that extends  from
    30  the surface of the ground to an approximate depth of 70 feet. Any perma-
    31  nent  surface  improvements for cathodic protection, if necessary, would
    32  be flush with the ground surface or integrated  into  site  landscaping.
    33  Said  parcel  being  part of property designated as Section: 56 Block: Y
    34  Lot: 259 on the Nassau County Land and Tax Map.
    35    § 8. PERMANENT SUBSURFACE EASEMENT - Force  main.  Parkland  upon  and
    36  under which a permanent easement may be established pursuant to subdivi-
    37  sion  (a)  of  section  one of this act is described as all that certain
    38  plot, piece or parcel of land with buildings  and  improvements  thereon
    39  erected, situate, lying and being located at the Hamlet of Wantagh, Town
    40  of  Hempstead,  County  of  Nassau and State of New York being a 20-foot
    41  wide strip of land more particularly bounded and described  as  follows:
    42  beginning  at  a  point on the southeasterly side of Lakeview Road, said
    43  Point of Beginning being southwesterly 222 feet plus or minus, as  meas-
    44  ured along the southeasterly side of Lakeview Road from the intersection
    45  of  the southerly side of Sunrise Highway with the southeasterly side of
    46  Lakeview Road; thence South 60°06' East 49 feet plus  or  minus;  thence
    47  South  32°15' East 1,759 feet plus or minus; thence South 16°16' West 53
    48  feet plus or minus; thence North 32°15' West 1,785 feet plus  or  minus;
    49  thence  North  60°06'  West  53 feet plus or minus, to the southeasterly
    50  side of Lakeview Road; thence North 48°13' East, along the southeasterly
    51  side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning.
    52  Containing within said bounds 72,900 square  feet  plus  or  minus.  The
    53  above described permanent easement is for the construction and operation
    54  of  a  six-foot  diameter  force main at a minimum depth of fifteen feet
    55  below the ground surface. Said parcel being part of property  designated
    56  as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map.

        S. 7508--B                         66                         A. 9508--B

     1    §  9.  TEMPORARY EASEMENT - Force main shaft construction area.  Park-
     2  land upon and under which a temporary easement may be established pursu-
     3  ant to subdivision (b) of section one of this act is  described  as  all
     4  that  certain  plot, piece or parcel of land with buildings and improve-
     5  ments thereon erected, situate, lying and being located at the hamlet of
     6  Wantagh, Town of Hempstead, County of Nassau and State of New York being
     7  more particularly bounded and described as follows: beginning at a point
     8  on the northerly line of the herein described temporary easement for the
     9  force  main  shaft construction area, said Point of Beginning being more
    10  particularly described as commencing at the intersection of the souther-
    11  ly side of Byron Street with  the  easterly  side  of  Wantagh  Parkway;
    12  running  thence southerly along the easterly side of Wantagh Parkway 319
    13  feet plus or minus, to the centerline of the permanent subsurface  ease-
    14  ment  for  force  main,  described in section eleven of this act; thence
    15  South 19°15' East, along said centerline, 257 feet plus or minus, to the
    16  northerly line of the  temporary  easement  for  the  force  main  shaft
    17  construction  area,  at  the  Point  of  Beginning. Running thence North
    18  87°25' East 122 feet plus or minus; thence south  33°56'  East  68  feet
    19  plus  or  minus;  thence South 04°43' East 54 feet plus or minus; thence
    20  South 86°38' West 78 feet plus or minus; thence  South  02°20'  East  83
    21  feet  plus  or  minus;  thence South 47°04' West 103 feet plus or minus;
    22  thence South 86°22' West 28 feet plus or minus; thence North 08°39' West
    23  264 feet plus or minus; thence North 87°25' East 53 feet plus or  minus,
    24  to  the Point of Beginning.  Containing within said bounds 36,500 square
    25  feet plus or minus. The above described temporary easement  is  for  the
    26  construction  of  a  thirty-foot  diameter access shaft. The location of
    27  said access shaft is more particularly described in section ten of  this
    28  act. Said parcel being part of property designated as Section: 63 Block:
    29  261  Lots:  765G,  818A  (Part of Cedar Creek Park) on the Nassau County
    30  Land and Tax Map.
    31    § 10. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon  and
    32  under which a permanent easement may be established pursuant to subdivi-
    33  sion  (a)  of  section  one of this act is described as all that certain
    34  plot, piece or parcel of land with buildings  and  improvements  thereon
    35  erected,  situate, lying and being located at Hamlet of Wantagh, Town of
    36  Hempstead, County of Nassau and State of New York being more particular-
    37  ly bounded and described as follows: a circular easement with  a  radius
    38  of 15 feet, the center of said circle being the following two (2) cours-
    39  es  from the intersection of the southerly side of Byron Street with the
    40  easterly side of Wantagh Parkway: Southerly along the easterly  side  of
    41  Wantagh  Parkway 319 feet plus or minus, to the centerline of the perma-
    42  nent subsurface easement for force main, described in section eleven  of
    43  this act; thence South 19°15' East, along said centerline, 315 feet plus
    44  or  minus,  to  the  center  of  the herein described circular easement.
    45  Containing within said bounds a surface area of 707 square feet plus  or
    46  minus.  Said permanent easement is for an access shaft that extends from
    47  the surface of the ground to an approximate depth of 70 feet. Any perma-
    48  nent surface improvements for cathodic protection, if  necessary,  would
    49  be  flush  with  the ground surface or integrated into site landscaping.
    50  Said parcel being part of property designated as Section: 63 Block:  261
    51  Lots:  765G,  818A  (Part of Cedar Creek Park) on the Nassau County Land
    52  and Tax Map.
    53    § 11. PERMANENT SUBSURFACE EASEMENT - Force main.  Parkland  upon  and
    54  under which a permanent easement may be established pursuant to subdivi-
    55  sion  (a)  of  section  one of this act is described as all that certain
    56  plot, piece or parcel of land with buildings  and  improvements  thereon

        S. 7508--B                         67                         A. 9508--B
 
     1  erected, situate, lying and being located at the Hamlet of Wantagh, Town
     2  of  Hempstead,  County  of  Nassau and State of New York being a 20-foot
     3  wide strip of land more particularly bounded and described  as  follows:
     4  beginning at a point on the easterly side of Wantagh Parkway, said Point
     5  of  Beginning  being southerly 285 feet plus or minus, as measured along
     6  the easterly side of Wantagh Parkway from the intersection of the south-
     7  erly side of Byron Street with the easterly  side  of  Wantagh  Parkway;
     8  running  thence  South  19°15' East 349 feet plus or minus; thence South
     9  02°17' East 1,882 feet plus or minus; thence  South  09°25'  East  1,202
    10  feet  plus  or  minus;  thence  South 80°35' West 20 feet plus or minus;
    11  thence North 09°25' West 1,203 feet plus or minus; thence  North  02°17'
    12  West 1,880 feet plus or minus; thence North 19°15' West 281 feet plus or
    13  minus,  to  the  easterly  side  of Wantagh Parkway; thence North 02°09'
    14  West, along the easterly side of Wantagh Parkway, 68 feet plus or minus,
    15  to the Point of Beginning. Containing within said bounds  68,000  square
    16  feet  plus  or  minus. The above described permanent easement is for the
    17  construction and operation of a six-foot diameter force main at a  mini-
    18  mum  depth  of  fifteen feet below the ground surface. Said parcel being
    19  part of property designated as Section: 63 Block: 261 Lots:  765G,  818A
    20  (Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
    21    § 12. Should the lands described in sections four, five, seven, eight,
    22  ten  and  eleven of this act cease to be used for the purposes described
    23  in section one of this act, the permanent easements established pursuant
    24  to section one of this act shall cease and such lands shall be  restored
    25  and dedicated as parklands.
    26    §  13.  In  the  event  that the county of Nassau received any funding
    27  support or assistance from the  federal  government  for  the  purchase,
    28  maintenance, or improvement of the parklands set forth in sections three
    29  through  eleven  of  this act, the discontinuance and alienation of such
    30  parklands authorized by the provisions of this act shall not occur until
    31  the county of Nassau has complied with any applicable  federal  require-
    32  ments pertaining to the alienation or conversion of parklands, including
    33  satisfying  the secretary of the interior that the alienation or conver-
    34  sion complies with all conditions which the secretary  of  the  interior
    35  deems  necessary  to  assure  the  substitution  of other lands shall be
    36  equivalent in fair market value and usefulness to the lands being alien-
    37  ated or converted.
    38    § 14. This act shall take effect immediately.

    39                                  SUBPART B
 
    40    Section 1. Subject to the provisions of this act, the village of  East
    41  Rockaway,  in  the  county  of Nassau, acting by and through the village
    42  board of such village, is hereby authorized to  (a)  discontinue  perma-
    43  nently  the  use  as parkland the subsurface lands described in sections
    44  four and five of this act and to grant permanent easements on such lands
    45  to the State of New  York  or  county  of  Nassau  for  the  purpose  of
    46  constructing,  operating,  maintaining  and repairing a subsurface sewer
    47  main, and (b) discontinue temporarily the  use  as  parkland  the  lands
    48  described  in section three of this act and grant temporary easements on
    49  such lands to the county of Nassau for the  purpose  of  constructing  a
    50  subsurface  sewer  main.    Authorization  for  the  temporary  easement
    51  described in section three of this act shall cease upon  the  completion
    52  of  the  construction of the sewer main, at which time the department of
    53  environmental conservation shall restore the surface  of  the  parklands
    54  disturbed  and the parklands shall continue to be used for park purposes

        S. 7508--B                         68                         A. 9508--B
 
     1  as they were prior to the grant of the temporary easement. Authorization
     2  for the permanent easements described in sections four and five of  this
     3  act  shall  require  that  the  department of environmental conservation
     4  restore  the  surface of the parklands disturbed and the parklands shall
     5  continue to be used for park purposes as they were prior to  the  estab-
     6  lishment of the permanent easements.
     7    §  2.  The  authorization provided in section one of this act shall be
     8  effective only upon the condition that  the  village  of  East  Rockaway
     9  dedicate an amount equal to or greater than the fair market value of the
    10  parklands  being discontinued to the acquisition of new parklands and/or
    11  capital improvements to existing park and recreational facilities.
    12    § 3. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
    13  land  upon  and under which a temporary easement may be granted pursuant
    14  to subdivision (b) of section one of this act is described  as  follows:
    15  all  that  certain  plot,  piece  or  parcel  of land with buildings and
    16  improvements thereon erected, situate, lying and being located at Incor-
    17  porated Village of East Rockaway, and the Hamlet of Oceanside,  Town  of
    18  Hempstead, County of Nassau and State of New York being more particular-
    19  ly  bounded  and  described  as  follows:    beginning at a point on the
    20  westerly line of the herein described temporary easement for  the  force
    21  main shaft construction area, said Point of Beginning being more partic-
    22  ularly  described as commencing at the intersection of the northeasterly
    23  side of Long Island Railroad right-of-way  with  the  easterly  side  of
    24  Ocean  Avenue; running thence North 12°34' East, along the easterly side
    25  of Ocean Avenue, 92 feet plus or minus, to the northerly line of proper-
    26  ty designated as Section 38 Block E Lot 14, on the  Nassau  County  Land
    27  and Tax Map; thence South 74°46' East, partly along said northerly line,
    28  206  feet plus or minus, to the westerly line of the temporary easement,
    29  at the Point of Beginning. Running thence North 15°34' East 49 feet plus
    30  or minus; thence South 67°33' East 238 feet plus or minus; thence  South
    31  07°07'  West  31  feet  plus or minus; thence South 86°06' West 161 feet
    32  plus or minus; thence South 64°59' West 117 feet plus or  minus;  thence
    33  North  15°34'  East  140  feet plus or minus, to the Point of Beginning.
    34  Containing within said bounds 23,000 square  feet  plus  or  minus.  The
    35  above  described temporary easement is for the construction of a thirty-
    36  foot diameter access shaft. The location of said access  shaft  is  more
    37  particularly  described  in  section four of this act. Said parcel being
    38  part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A,
    39  21B on the Nassau County Land and Tax Map.
    40    § 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland  upon  and
    41  under  which a permanent easement may be granted pursuant to subdivision
    42  (a) of section one of this act is described as all  that  certain  plot,
    43  piece or parcel of land with buildings and improvements thereon erected,
    44  situate,  lying and being located at Incorporated Village of East Rocka-
    45  way, and the Hamlet of Oceanside, Town of Hempstead,  County  of  Nassau
    46  and  State  of New York being more particularly bounded and described as
    47  follows: a circular easement with a radius of 15  feet,  the  center  of
    48  said  circle being the following three (3) courses from the intersection
    49  of the northeasterly side of Long Island Railroad right-of-way with  the
    50  easterly  side  of  Ocean  Avenue; North 12°34' East, along the easterly
    51  side of Ocean Avenue, 92 feet plus or minus, to the  northerly  line  of
    52  property  designated  as  Section 38 Block E Lot 14 on the Nassau County
    53  Land and Tax Map; South 74°46' East, partly  along  the  said  northerly
    54  line,  333 feet plus or minus, to the centerline of the subsurface ease-
    55  ment for force main described in section five of this act; thence  South
    56  19°04' West, along said centerline, 16 feet plus or minus, to the center

        S. 7508--B                         69                         A. 9508--B
 
     1  of the herein described circular easement. Containing within said bounds
     2  a surface area of 707 square feet plus or minus. Said permanent easement
     3  is for an access shaft that extends from the surface of the ground to an
     4  approximate  depth  of  70  feet. Any permanent surface improvements for
     5  cathodic protection, if  necessary,  would  be  flush  with  the  ground
     6  surface  or  integrated into site landscaping. Said parcel being part of
     7  property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B  on
     8  the Nassau County Land and Tax Map.
     9    §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
    10  under which a permanent easement may be granted pursuant to  subdivision
    11  (a)  of  section  one of this act is described as all that certain plot,
    12  piece or parcel of land with buildings and improvements thereon erected,
    13  situate, lying and being located at Incorporated Village of East  Rocka-
    14  way, and the Hamlet of Oceanside, County of Nassau and State of New York
    15  being  a  20-foot  wide  strip  of  land  more  particularly bounded and
    16  described as follows: beginning at a point on the westerly line  of  the
    17  herein  described permanent subsurface easement, said Point of Beginning
    18  being more particularly described as commencing at the  intersection  of
    19  the  northeasterly  side  of  Long Island Railroad right-of-way with the
    20  easterly side of Ocean Avenue; running thence North 12°34'  East,  along
    21  the  easterly side of Ocean Avenue, 92 feet plus or minus, to the north-
    22  erly line of property designated as Section 38 Block E  Lot  14  on  the
    23  Nassau  County  Land and Tax Map; thence South 74°46' East, partly along
    24  the said northerly line, 323 feet plus or minus, to the westerly line of
    25  the permanent easement, at the Point of Beginning.  Running thence North
    26  19°04' East 73 feet plus or minus, to the  northerly  line  of  property
    27  designated  as  Section 38 Block E Lot 21A on the Nassau County Land and
    28  Tax Map; thence South 60°10' East, along said northerly  line,  20  feet
    29  plus  or  minus;  thence South 19°04' West 82 feet plus or minus; thence
    30  South 15°40' East 116 feet plus or minus, to the south line of  property
    31  designated  as  Section 38 Block E Lot 21A on the Nassau County Land and
    32  Tax Map; thence North 88°09' West 21 feet plus or  minus;  thence  North
    33  15°40'  West  116  feet  plus or minus; thence North 19°04' East 19 feet
    34  plus or minus, to the Point of Beginning. Containing within said  bounds
    35  4,100  square feet plus or minus. The above described permanent easement
    36  is for the construction and operation of a six-foot diameter force  main
    37  at a minimum depth of fifteen feet below the ground surface. Said parcel
    38  being  part  of  property designated as Section: 38, Block: E, Lots: 12,
    39  14, 21A, 21B on the Nassau County Land and Tax Map.
    40    § 6. Should the lands described in sections four and five of this  act
    41  cease  to be used for the purposes described in section one of this act,
    42  the permanent easements established pursuant to section one of this  act
    43  shall cease and such lands shall be restored and dedicated as parklands.
    44    § 7. In the event that the village of East Rockaway received any fund-
    45  ing  support or assistance from the federal government for the purchase,
    46  maintenance, or improvement of the parklands set forth in sections three
    47  through five of this act, the  discontinuance  and  alienation  of  such
    48  parklands authorized by the provisions of this act shall not occur until
    49  the  village  of  East Rockaway has complied with any applicable federal
    50  requirements pertaining to the alienation or  conversion  of  parklands,
    51  including  satisfying  the secretary of the interior that the alienation
    52  or conversion complies with all conditions which the  secretary  of  the
    53  interior deems necessary to assure the substitution of other lands shall
    54  be  equivalent  in  fair  market value and usefulness to the lands being
    55  alienated or converted.
    56    § 8. This act shall take effect immediately.

        S. 7508--B                         70                         A. 9508--B
 
     1                                  SUBPART C
 
     2    Section 1. Subject to the provisions of this act, the village of Rock-
     3  ville Centre, in the county of Nassau, acting by and through the village
     4  board  of  such  village, is hereby authorized to (a) discontinue perma-
     5  nently the use as parkland the subsurface lands  described  in  sections
     6  three, four and six of this act and to grant permanent easements on such
     7  lands  to  the  State of New York or county of Nassau for the purpose of
     8  constructing, operating, maintaining and repairing  a  subsurface  sewer
     9  main,  and  (b)  discontinue  temporarily  the use as parkland the lands
    10  described in sections five and seven of this  act  and  grant  temporary
    11  easements  on  such  lands  to  the  county of Nassau for the purpose of
    12  constructing a subsurface sewer main.  Authorization for  the  temporary
    13  easements  described  in sections five and seven of this act shall cease
    14  upon the completion of the construction of the sewer main, at which time
    15  the department of environmental conservation shall restore  the  surface
    16  of  the  parklands disturbed and the parklands shall continue to be used
    17  for park purposes as they were prior to the grant of the temporary ease-
    18  ments. Authorization for the permanent easements described  in  sections
    19  three,  four  and  six  of this act shall require that the department of
    20  environmental  conservation  restore  the  surface  of   the   parklands
    21  disturbed  and the parklands shall continue to be used for park purposes
    22  as they were prior to the establishment of the permanent easements.
    23    § 2. The authorization provided in section one of this  act  shall  be
    24  effective  only  upon the condition that the village of Rockville Centre
    25  dedicate an amount equal to or greater than the fair market value of the
    26  parklands being discontinued to the acquisition of new parklands  and/or
    27  capital improvements to existing park and recreational facilities.
    28    §  3.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
    29  under which a permanent easement may be established pursuant to subdivi-
    30  sion (a) of section one of this act is described  as  all  that  certain
    31  plot,  piece  or  parcel of land with buildings and improvements thereon
    32  erected, situate, lying and being located  at  Incorporated  Village  of
    33  East Rockaway, and the Incorporated Village of Rockville Centre, Town of
    34  Hempstead,  County of Nassau and State of New York, being a 20-foot wide
    35  strip of land more particularly bounded and described  as  follows:  the
    36  Point  of  Beginning  being at the intersection of the northerly side of
    37  Mill River Avenue with the easterly  side  of  Riverside  Road;  running
    38  thence northerly along the easterly side of Riverside Road 346 feet plus
    39  or minus; thence South 13°01' West 346 feet plus or minus, to the north-
    40  erly side of Mill River Avenue; thence westerly along the northerly side
    41  of  Mill  River  Avenue,  17 feet plus or minus, to the easterly side of
    42  Riverside Road, at the Point of Beginning. Containing within said bounds
    43  3,100 square feet plus or minus. The above described permanent  easement
    44  is  for the construction and operation of a six-foot diameter force main
    45  at a minimum depth of fifteen feet below the ground surface. Said parcel
    46  being part of property designated as Section: 38 Block: 136 Lots: 231 on
    47  the Nassau County Land and Tax Map.
    48    § 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland  upon  and
    49  under which a permanent easement may be established pursuant to subdivi-
    50  sion  (a)  of  section  one of this act is described as all that certain
    51  plot, piece or parcel of land with buildings  and  improvements  thereon
    52  erected,  situate,  lying  and  being located at Incorporated Village of
    53  Rockville Centre, Incorporated Village of East  Rockaway,  and  Incorpo-
    54  rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
    55  of  New York being more particularly bounded and described as a circular

        S. 7508--B                         71                         A. 9508--B
 
     1  easement with a radius of 15 feet, the center of said circle  being  the
     2  following two (2) courses from the intersection of the northerly side of
     3  Park  Avenue  with  the easterly side of Oxford Road: Easterly along the
     4  northerly side of Park Avenue, 203 feet plus or minus, to the centerline
     5  of the permanent subsurface easement for force main described in section
     6  six of this act; North 13°01' East, along said centerline, 953 feet plus
     7  or  minus,  to  the  center  of  the herein described circular easement.
     8  Containing within said bounds a surface area of 707 square feet plus  or
     9  minus.  Said permanent easement is for an access shaft that extends from
    10  the surface of the ground to an approximate depth of 70 feet. Any perma-
    11  nent surface improvements for cathodic protection, if  necessary,  would
    12  be  flush  with  the ground surface or integrated into site landscaping.
    13  Said parcel being part of property designated as Section:  38  Block:  F
    14  Lots:  39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 50B, 50C on
    15  the Nassau County Land and Tax Map.
    16    § 5. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
    17  land upon and under which a temporary easement may be established pursu-
    18  ant  to  subdivision  (b) of section one of this act is described as all
    19  that certain plot, piece or parcel of land with buildings  and  improve-
    20  ments  thereon erected, situate, lying and being located at Incorporated
    21  Village of Rockville Centre, Incorporated Village of East Rockaway,  and
    22  Incorporated  Village  of  Lynbrook, Town of Hempstead, County of Nassau
    23  and State of New York being more particularly bounded and  described  as
    24  follows:  Beginning  at  a  point  on  the  southerly side of the herein
    25  described temporary easement for the force main shaft construction area,
    26  said Point of Beginning being more particularly described as  commencing
    27  at  the intersection of the northerly side of Park Avenue with the east-
    28  erly side of Oxford Road; running thence easterly  along  the  northerly
    29  side  of  Park  Avenue, 203 feet plus or minus, to the centerline of the
    30  permanent subsurface easement for force main described in section six of
    31  this act; thence North 13°01' East, along said centerline, 920 feet plus
    32  or minus, to the southerly line of the temporary easement, at the  Point
    33  of  Beginning.  Running thence North 76°19' West 136 feet plus or minus,
    34  to the easterly terminus  of  Merton  Avenue  (unopened);  thence  North
    35  76°19' West, through the unopened part of Merton Avenue, 48 feet plus or
    36  minus;  thence North 14°49' East 5' feet plus or minus, to the northerly
    37  side of Merton Avenue; thence North 14°49' East 27' feet plus or  minus;
    38  thence South 76°29' East 66 feet plus or minus; thence North 36°47' East
    39  61  feet plus or minus; thence North 78°41' East 145 feet plus or minus;
    40  thence South 65°54' East 46 feet plus or minus; thence South 29°39' West
    41  147 feet plus or minus; thence North 76°19' West 42 feet plus or  minus,
    42  to  the  Point of Beginning. Containing within said bounds 22,800 square
    43  feet plus or minus. The above described temporary easement  is  for  the
    44  construction  of  a  thirty-foot  diameter access shaft. The location of
    45  said access shaft is more particularly described in section four of this
    46  act. Said parcel being part of property designated as Section: 38 Block:
    47  F Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,  50B,  50C
    48  on the Nassau County Land and Tax Map.
    49    §  6.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
    50  under which a permanent easement may be established pursuant to subdivi-
    51  sion (a) of section one of this act is described  as  all  that  certain
    52  plot,  piece  or  parcel of land with buildings and improvements thereon
    53  erected, situate, lying and being located  at  Incorporated  Village  of
    54  Rockville  Centre,  Incorporated  Village of East Rockaway, and Incorpo-
    55  rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
    56  of New York being a 20-foot wide strip of land more particularly bounded

        S. 7508--B                         72                         A. 9508--B
 
     1  and described as follows:  beginning at a point on the northerly side of
     2  Park Avenue, said Point of Beginning 193 feet plus or minus easterly, as
     3  measured along the northerly side of Park Avenue from  the  intersection
     4  of  the  northerly  side of Park Avenue with the easterly side of Oxford
     5  Road; running thence North 13°01' East 956 feet plus  or  minus;  thence
     6  North  44°00'  East 446 feet plus or minus, to the northeasterly line of
     7  property designated as Section 38 Block F Lot 50F, on the Nassau  County
     8  Land  and  Tax  Map;  thence South 53°10' East, along said northeasterly
     9  line, 20 feet plus or minus; thence South 44°00' West 443 feet  plus  or
    10  minus; thence South 13°01' West 950 feet plus or minus, to the northerly
    11  side  of  Park  Avenue;  thence  North 79°36' West, along said northerly
    12  side, 20 feet plus or minus to the Point of Beginning; containing within
    13  said bounds 28,000 square feet plus or minus. The above described perma-
    14  nent easement is for the construction and operation of a six-foot  diam-
    15  eter  force  main  at  a  minimum depth of fifteen feet below the ground
    16  surface. Said parcel being part of property designated  as  Section:  38
    17  Block:  F  Lots:   39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,
    18  50B, 50C on the Nassau County Land and Tax Map.
    19    § 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
    20  land upon and under which a temporary easement may be established pursu-
    21  ant  to  subdivision  (b) of section one of this act is described as all
    22  that certain plot, piece or parcel of land with buildings  and  improve-
    23  ments  thereon erected, situate, lying and being located at Incorporated
    24  Village of Rockville Centre, Town of Hempstead,  County  of  Nassau  and
    25  State  of  New  York  being  more  particularly bounded and described as
    26  follows: beginning at a point on the northerly side of  Sunrise  Highway
    27  (New  York  State  Route 27A), said Point of Beginning being distant 254
    28  feet plus or minus westerly as measured  along  the  northerly  side  of
    29  Sunrise  Highway  from the intersection of the northerly side of Sunrise
    30  Highway with the westerly side of Forest Avenue;  running  thence  North
    31  86°15'  West, along the northerly side of Sunrise Highway, 175 feet plus
    32  or minus; thence South 68°26' West, continuing along the northerly  side
    33  of Sunrise Highway, 111 feet plus or minus; thence North 14°47' West 162
    34  feet  plus  or minus, to the southerly side of the Long Island Rail Road
    35  right-of-way; thence South 86°59' East, along the southerly side of  the
    36  Long  Island Rail Road, 479 feet plus or minus; thence South 01°59' West
    37  75 feet plus or minus, to the northerly side of  the  travelled  way  of
    38  Sunrise Highway, then 160 feet plus or minus along the arc or a circular
    39  curve  to  the left that has a radius of 850 feet and a chord that bears
    40  South 80°03' West 160 feet plus or minus  to  the  Point  of  Beginning.
    41  Containing  within  said  bounds  50,300  square feet plus or minus. The
    42  above described temporary easement is necessary for the construction  of
    43  temporary access to the aqueduct below Sunrise Highway area. Said parcel
    44  being  part  of property designated as Section: 38 Block: 291 Lot: 17 on
    45  the Nassau County Land and Tax Map.
    46    § 8. Should the lands described in sections three,  four  and  six  of
    47  this  act  cease to be used for the purposes described in section one of
    48  this act, the permanent easements established pursuant to section one of
    49  this act shall cease and such lands shall be restored and  dedicated  as
    50  parklands.
    51    §  9.  In  the event that the village of Rockville Centre received any
    52  funding support or  assistance  from  the  federal  government  for  the
    53  purchase,  maintenance,  or  improvement  of  the parklands set forth in
    54  sections three through seven of this act, the discontinuance and  alien-
    55  ation  of  such parklands authorized by the provisions of this act shall
    56  not occur until the village of Rockville Centre has  complied  with  any

        S. 7508--B                         73                         A. 9508--B
 
     1  applicable  federal requirements pertaining to the alienation or conver-
     2  sion of parklands, including satisfying the secretary  of  the  interior
     3  that the alienation or conversion complies with all conditions which the
     4  secretary  of the interior deems necessary to assure the substitution of
     5  other lands shall be equivalent in fair market value and  usefulness  to
     6  the lands being alienated or converted.
     7    § 10. This act shall take effect immediately.
     8    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     9  sion,  section, subpart or part of this act shall be adjudged by a court
    10  of competent jurisdiction to be invalid, such judgment shall not affect,
    11  impair, or invalidate the remainder thereof, but shall  be  confined  in
    12  its  operation to the clause, sentence, paragraph, subdivision, section,
    13  subpart or part thereof directly involved in the  controversy  in  which
    14  such  judgment shall have been rendered. It is hereby declared to be the
    15  intent of the legislature that this act would have been enacted even  if
    16  such invalid provisions had not been included herein.
    17    §  3.  This act shall take effect immediately, provided, however, that
    18  the applicable effective date of Subparts A through C of this act  shall
    19  be as specifically set forth in the last section of such Subparts.
 
    20                                   PART VV
 
    21                            Intentionally Omitted
 
    22                                   PART WW
 
    23    Section  1.  Subdivision  3  of  section  23-0501 of the environmental
    24  conservation law is renumbered subdivision 4 and a new subdivision 3  is
    25  added to read as follows:
    26    3.  (a)  No permits shall be issued authorizing an applicant to drill,
    27  deepen, plug back, or convert wells that use high-volume hydraulic frac-
    28  turing to complete or recomplete  natural  gas  or  oil  resources.  For
    29  purposes  of  this  section,  high-volume  hydraulic fracturing shall be
    30  defined as the stimulation of a well using  three  hundred  thousand  or
    31  more gallons of water as the base fluid for hydraulic fracturing for all
    32  stages  in a well completion, regardless of whether the well is vertical
    33  or directional, including horizontal.
    34    (b) There shall be a moratorium on the department  taking  actions  on
    35  applications  filed  after the effective date of the chapter of the laws
    36  of 2020 which added this subdivision to drill,  deepen,  plug  back,  or
    37  convert  wells  that use gelled propane hydraulic fracturing to complete
    38  or  recomplete  natural  gas  or  oil  resources  until  the  department
    39  completes  an  analysis of the potential impacts of gelled propane frac-
    40  turing and makes the analysis publicly available.    The  scope  of  the
    41  department's analysis shall reflect the potential for development of oil
    42  and  gas  wells  using  gelled  propane  hydraulic  fracturing and shall
    43  disclose the potential adverse impacts to the environment. For  purposes
    44  of this section, gelled propane hydraulic fracturing shall be defined as
    45  the  stimulation  of  a well using gelled propane or liquefied petroleum
    46  gas as the base fluid for hydraulic fracturing for all stages in a  well
    47  completion,  regardless  of whether the well is vertical or directional,
    48  including horizontal.
    49    § 2. This act shall take effect immediately.
 
    50                                   PART XX

        S. 7508--B                         74                         A. 9508--B

     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 102-c to read as follows:
     3    § 102-c. Bicycle with electric assist. A bicycle which is no more than
     4  thirty-six  inches  wide  and  has  an electric motor of less than seven
     5  hundred fifty watts, equipped with operable pedals, meeting  the  equip-
     6  ment and manufacturing requirements for bicycles adopted by the Consumer
     7  Product Safety Commission under 16 C.F.R.  Part 1512.1 et seq. and meet-
     8  ing the requirements of one of the following three classes:
     9    (a)  "Class one bicycle with electric assist." A bicycle with electric
    10  assist having an electric motor that provides assistance only  when  the
    11  person  operating  such  bicycle is pedaling, and that ceases to provide
    12  assistance when such bicycle reaches a speed of twenty miles per hour.
    13    (b) "Class two bicycle with electric assist." A bicycle with  electric
    14  assist  having  an electric motor that may be used exclusively to propel
    15  such bicycle, and that is not capable of providing assistance when  such
    16  bicycle reaches a speed of twenty miles per hour.
    17    (c)  "Class three bicycle with electric assist."  Solely within a city
    18  having a population of one million or  more,  a  bicycle  with  electric
    19  assist  having  an electric motor that may be used exclusively to propel
    20  such bicycle, and that is not capable of providing assistance when  such
    21  bicycle reaches a speed of twenty-five miles per hour.
    22    §  2.  The  vehicle and traffic law is amended by adding a new section
    23  114-e to read as follows:
    24    § 114-e. Electric scooter. Every device weighing less than one hundred
    25  pounds that (a) has handlebars, a floorboard or a seat that can be stood
    26  or sat upon by the operator, and an electric motor, (b) can  be  powered
    27  by the electric motor and/or human power, and (c) has a maximum speed of
    28  no more than twenty miles per hour on a paved level surface when powered
    29  solely by the electric motor.
    30    § 3. Section 125 of the vehicle and traffic law, as amended by chapter
    31  365 of the laws of 2008, is amended to read as follows:
    32    § 125. Motor  vehicles. Every vehicle operated or driven upon a public
    33  highway which is propelled by  any  power  other  than  muscular  power,
    34  except  (a)  electrically-driven mobility assistance devices operated or
    35  driven by a person with a disability, (a-1) electric personal  assistive
    36  mobility  devices  operated  outside  a  city  with  a population of one
    37  million or more, (b) vehicles which run only upon rails or  tracks,  (c)
    38  snowmobiles as defined in article forty-seven of this chapter, [and] (d)
    39  all  terrain  vehicles  as  defined  in  article  forty-eight-B  of this
    40  chapter, (e) bicycles with electric assist as  defined  in  section  one
    41  hundred  two-c  of this article, and (f) electric scooters as defined in
    42  section one hundred fourteen-e of this  article.  For  the  purposes  of
    43  title  four  of  this chapter, the term motor vehicle shall exclude fire
    44  and police vehicles other than ambulances.  For the purposes  of  titles
    45  four and five of this chapter the term motor vehicles shall exclude farm
    46  type  tractors  and all terrain type vehicles used exclusively for agri-
    47  cultural purposes, or for snow plowing, other than for hire, farm equip-
    48  ment, including self-propelled machines  used  exclusively  in  growing,
    49  harvesting  or  handling farm produce, and self-propelled caterpillar or
    50  crawler-type equipment while being operated on the contract site.
    51    § 4. The section heading of section 1238 of the  vehicle  and  traffic
    52  law,  as  amended by chapter 267 of the laws of 1993, is amended to read
    53  as follows:
    54    Passengers on bicycles under one year of  age  prohibited;  passengers
    55  and  operators  under fourteen years of age to wear protective headgear;

        S. 7508--B                         75                         A. 9508--B
 
     1  operators of class three bicycles with electric assist to  wear  protec-
     2  tive headgear.
     3    §  5. Section 1238 of the vehicle and traffic law is amended by adding
     4  a new subdivision 5-c to read as follows:
     5    5-c. No person shall ride upon, propel or otherwise  operate  a  class
     6  three  bicycle  with  electric  assist  unless  such person is wearing a
     7  helmet meeting  standards  established  by  the  commissioner.  For  the
     8  purposes  of  this subdivision, wearing a helmet means having a properly
     9  fitting helmet fixed securely on the head of such wearer with the helmet
    10  straps securely fastened.
    11    § 6. Subdivision 6 of section 1238 of the vehicle and traffic law,  as
    12  added  by  chapter  267 of the laws of 1993, paragraph (a) as amended by
    13  chapter 402 of the laws of 2001 and paragraph (c) as amended by  chapter
    14  703 of the laws of 2004, is amended to read as follows:
    15    6.  (a)  Any  person  who violates the provisions of subdivision five,
    16  five-a [or], five-b or five-c of this section shall pay a civil fine not
    17  to exceed fifty dollars.
    18    (b) The court shall waive any fine for which a person who violates the
    19  provisions of subdivision five or subdivision  five-c  of  this  section
    20  would  be  liable  if  such  person  supplies  the court with proof that
    21  between the date of violation and the appearance date for such violation
    22  such person purchased or rented a helmet.
    23    (c) The court may waive any fine for which a person who  violates  the
    24  provisions  of  subdivision five, five-a, [or] five-b, or five-c of this
    25  section would be liable if the  court  finds  that  due  to  reasons  of
    26  economic  hardship such person was unable to purchase a helmet or due to
    27  such economic hardship such person was unable to obtain  a  helmet  from
    28  the  statewide in-line skate and bicycle helmet distribution program, as
    29  established in section two hundred six of the public health  law,  or  a
    30  local  distribution program.  Such waiver of a fine shall not apply to a
    31  second or subsequent violation of subdivision five-c of this section.
    32    § 7. Subdivision 8 of section 1238 of the vehicle and traffic law,  as
    33  amended  by  chapter  694  of  the  laws  of 1995, is amended to read as
    34  follows:
    35    8. (a) A police officer shall only issue a summons for a violation  of
    36  subdivision  two,  five, or five-a of this section by a person less than
    37  fourteen years of age to the parent or guardian of such  person  if  the
    38  violation  by such person occurs in the presence of such person's parent
    39  or guardian and where such parent or guardian is eighteen years  of  age
    40  or  more.  Such summons shall only be issued to such parent or guardian,
    41  and shall not be issued to the person less than fourteen years of age.
    42    (b) A police officer shall only issue a summons  for  a  violation  of
    43  subdivision  five-c  of this section by a person less than sixteen years
    44  of age to the parent or guardian of such person if the violation by such
    45  person occurs in the presence of such person's parent  or  guardian  and
    46  where  such  parent  or  guardian is eighteen years of age or more. Such
    47  summons shall only be issued to such parent or guardian, and  shall  not
    48  be issued to the person less than sixteen years of age.
    49    § 8. The vehicle and traffic law is amended by adding two new sections
    50  1242 and 1243 to read as follows:
    51    §  1242.  Additional  provisions  applicable to bicycles with electric
    52  assist.  1. In addition to complying with all of the rules, regulations,
    53  and provisions applicable to bicycles contained in this  article,  bicy-
    54  cles with electric assist shall operate in a manner so that the electric
    55  motor is disengaged or ceases to function when the brakes are applied or
    56  the  rider stops pedaling, or operate in a manner such that the electric

        S. 7508--B                         76                         A. 9508--B
 
     1  motor is engaged through a switch or mechanism that, when released, will
     2  cause the electric motor to disengage or cease to function.
     3    2.  No  person  less than sixteen years of age shall operate a bicycle
     4  with electric assist.   The failure of any person  to  comply  with  the
     5  provisions  of this subdivision shall not constitute contributory negli-
     6  gence or assumption of risk, and shall not in any way bar,  preclude  or
     7  foreclose  an  action  for  personal  injury  or wrongful death by or on
     8  behalf of such person, nor in any way diminish  or  reduce  the  damages
     9  recoverable in any such action.
    10    3.  (a)  Except as provided in paragraphs (b) and (c) of this subdivi-
    11  sion, the governing body of any city, town or village may, by local  law
    12  or  ordinance, further regulate the time, place and manner of the opera-
    13  tion of bicycles with electric assist including,  but  not  limited  to,
    14  maximum speed, requiring the use of protective headgear, and the wearing
    15  of readily visible reflective clothing or material by operators of bicy-
    16  cles  with  electric  assist, and may limit, prohibit the use thereof in
    17  specified areas, or prohibit entirely the use of bicycles with  electric
    18  assist within such city, town or village, provided that adequate signage
    19  is visibly posted outside the boundaries of such prohibited areas.
    20    (b) The governing body of any city, town or village in the counties of
    21  Nassau  or  Suffolk may, by local law or ordinance, further regulate the
    22  time, place and manner  of  the  operation  of  bicycles  with  electric
    23  assist,  including, but not limited to, maximum speed, requiring the use
    24  of protective headgear, and the wearing of  readily  visible  reflective
    25  clothing  or material by operators of bicycles with electric assist only
    26  after adoption of a local law or ordinance by the governing body of  the
    27  county in which the city, town or village is located. Provided, however,
    28  that the provisions of this paragraph shall not apply to the adoption of
    29  a  local  law or ordinance by a city, town or village in the counties of
    30  Nassau or Suffolk pursuant to the provisions of paragraph  (a)  of  this
    31  subdivision  to  prohibit  the  use  of bicycles with electric assist in
    32  specified areas, or prohibit entirely the use of bicycles with  electric
    33  assist within such city, town or village, provided that adequate signage
    34  is visibly posted outside the boundaries of such prohibited areas.
    35    (c)  The  governing body of any town or village in the county of West-
    36  chester may, by local law or ordinance, further regulate the time, place
    37  and manner of the operation of bicycles with electric assist, including,
    38  but not limited to, maximum speed, requiring the use of protective head-
    39  gear, and the wearing of readily visible reflective clothing or material
    40  by operators of bicycles with electric assist only after adoption  of  a
    41  local  law  or  ordinance  by  the governing body of Westchester county.
    42  Provided, however, that the provisions of this paragraph shall not apply
    43  to the adoption of a local law or ordinance by a town or village in  the
    44  county  of  Westchester  pursuant  to the provisions of paragraph (a) of
    45  this subdivision to prohibit the use of bicycles with electric assist in
    46  specified areas, or prohibit entirely the use of bicycles with  electric
    47  assist  within  such  town or village, provided that adequate signage is
    48  visibly posted outside the boundaries of such prohibited areas.
    49    4. (a) No person shall operate a bicycle with electric assist  on  any
    50  public lands or property, other than a highway exclusive of any greenway
    51  running  adjacent  to or connected with a highway, except that a bicycle
    52  with electric assist may be operated on any such lands  that  have  been
    53  designated  and  posted  for  travel by bicycles with electric assist in
    54  accordance with the provisions of paragraph (b) of this subdivision. For
    55  the purposes of this subdivision, the term  "greenway"  shall  have  the
    56  same  meaning  as  such  term is defined by subdivision seven of section

        S. 7508--B                         77                         A. 9508--B
 
     1  44-0103 of the environmental conservation law  and  subdivision  one  of
     2  section 39.03 of the parks, recreation and historic preservation law.
     3    (b)  A  state  agency,  by  regulation  or  order, and a city, town or
     4  village, by local law or ordinance, may designate any appropriate public
     5  lands and properties under its jurisdiction, other than highways  exclu-
     6  sive of any greenway running adjacent to or connected with a highway, as
     7  a  place  open  for travel by bicycles with electric assist upon written
     8  request for such designation by any person, and may impose  restrictions
     9  and  conditions  for  the regulation and safe operation of bicycles with
    10  electric assist on such public lands or  property,  such  as  travel  on
    11  designated trails and hours of operation.
    12    5.  (a)  No  bicycle with electric assist shall be operated on a side-
    13  walk, except as may be authorized by a local law or ordinance adopted by
    14  a city, town or village having jurisdiction over such sidewalk including
    15  parking on certain sidewalks  within  such  city,  town  or  village  in
    16  compliance  with the federal Americans with Disabilities Act of 1990, as
    17  amended (Public Law 101-336).
    18    (b) (i) Notwithstanding the provisions of paragraph (a) of this subdi-
    19  vision, a bicycle with electric assist owned by a natural  person  where
    20  the  owner  is  engaged  in  personal use may park on a sidewalk whether
    21  attended or unattended. A city, town or village having jurisdiction over
    22  such sidewalk shall provide a method by which a  bicycle  with  electric
    23  assist owned by a natural person may be identified as such.
    24    (ii)  Notwithstanding the provisions of paragraph (a) of this subdivi-
    25  sion, a bicycle with electric  assist  used  to  transport  property  in
    26  commerce  may  temporarily park on a sidewalk, whether attended or unat-
    27  tended, for the purpose of and while actually  engaged  commercially  in
    28  the  loading  or  unloading  of property. A city, town or village having
    29  jurisdiction over such sidewalk shall provide a method by which a  bicy-
    30  cle  with  electric assist used to transport property in commerce may be
    31  identified as such.
    32    (iii) No person shall park a bicycle with electric assist pursuant  to
    33  this  paragraph  in  a  manner  that interferes with the free passage of
    34  pedestrians on a sidewalk.
    35    6. Every person operating a bicycle with electric assist  shall  yield
    36  the right of way to pedestrians.
    37    7. Notwithstanding the provisions of subdivision (b) of section twelve
    38  hundred  thirty-four  of this article to the contrary, persons operating
    39  bicycles with electric assist upon a roadway shall ride single file.
    40    8. Except as may be otherwise provided by local law, ordinance, order,
    41  rule or regulation enacted or promulgated pursuant to  this  article,  a
    42  bicycle  with  electric  assist  may only be operated on highways with a
    43  posted speed limit of thirty miles per hour or less,  including  non-in-
    44  terstate  public  highways, private roads open to motor vehicle traffic,
    45  and designated bicycle or in-line skate lanes.
    46    9. No person shall operate a class one or class two bicycle with elec-
    47  tric assist in excess of twenty miles per hour. No person shall  operate
    48  a  class  three  bicycle  with  electric assist in excess of twenty-five
    49  miles per hour.
    50    10. The operation of  a  class  three  bicycle  with  electric  assist
    51  outside  of a city having a population of one million or more is prohib-
    52  ited.
    53    11. (a) No person, firm, association or  corporation  engaged  in  the
    54  business  of selling or leasing bicycles with electric assist shall sell
    55  or lease any bicycle with electric assist on or after  June  first,  two
    56  thousand  twenty-two unless such bicycle with electric assist has perma-

        S. 7508--B                         78                         A. 9508--B
 
     1  nently affixed thereto, in a prominent location, a manufacturer's  label
     2  which  shall  include  the  following  information:  the  class, maximum
     3  motor-assisted speed, and motor wattage of such  bicycle  with  electric
     4  assist.  Manufacturers and distributors of bicycles with electric assist
     5  shall, by April first, two thousand twenty-two, establish a  process  by
     6  which  an owner of a bicycle with electric assist may request and obtain
     7  a manufacturer's  label  providing  the  class,  maximum  motor-assisted
     8  speed,  and motor wattage applicable to his or her bicycle with electric
     9  assist purchased prior  to  June  first,  two  thousand  twenty-two  and
    10  installation instructions from such manufacturers and distributors.
    11    (b)  No  person  shall  operate  a bicycle with electric assist on any
    12  public highway or street in this state after June  first,  two  thousand
    13  twenty-two  unless  such  bicycle  with  electric assist has permanently
    14  affixed thereto, in a prominent location, a manufacturer's label provid-
    15  ing the class, maximum motor-assisted speed, and motor wattage  of  such
    16  bicycle  with electric assist. Any person who violates the provisions of
    17  this paragraph shall be punished by a civil fine of up to fifty dollars.
    18  The court shall waive any fine for  which  a  person  who  violates  the
    19  provisions of this paragraph would be liable if such person supplies the
    20  court  with  proof  that, between the date on which he or she is charged
    21  with having violated this paragraph and the  appearance  date  for  such
    22  violation, a manufacturer's label was affixed to his or her bicycle with
    23  electric  assist  as required by this paragraph. Provided, however, that
    24  such waiver of fine shall not apply to a second or subsequent conviction
    25  under this paragraph.
    26    12. A violation of the provisions of subdivision two, five, six, nine,
    27  or ten of this section shall result in a civil fine not to exceed  fifty
    28  dollars.
    29    13.  A  police  officer  shall only issue a summons for a violation of
    30  this section by a person less than sixteen years of age to the parent or
    31  guardian of such person if the violation by such person  occurs  in  the
    32  presence  of  such  person's parent or guardian and where such parent or
    33  guardian is eighteen years of age or older. Such summons shall  only  be
    34  issued to such parent or guardian, and shall not be issued to the person
    35  less than sixteen years of age.
    36    §  1243.  Shared  bicycle  and  shared  bicycle  with  electric assist
    37  systems; data protection. 1. The governing body of  any  city,  town  or
    38  village may, by local law, ordinance, order, rule or regulation, author-
    39  ize  and regulate shared bicycle systems or shared bicycle with electric
    40  assist systems within such city,  town  or  village.    No  such  shared
    41  systems  shall  operate within a city, town or village except as author-
    42  ized by such local law, ordinance, order, rule or  regulation.  For  the
    43  purposes  of  this subdivision, the term shared bicycle system or shared
    44  bicycle with electric assist system shall mean a network of self-service
    45  and publicly available bicycles or  bicycles  with  electric  assist  in
    46  which a bicycle or bicycle with electric  assist trip begins and/or ends
    47  on any public highway.
    48    2.  Notwithstanding  any  other  provision of law to the contrary, all
    49  trip data, personal information,  images,  videos,  and  other  recorded
    50  images  collected  by  any shared bicycle  system or shared bicycle with
    51  electric assist system which is authorized to  operate  within  a  city,
    52  town or village pursuant to this section: (a) shall be for the exclusive
    53  use of such shared bicycle or shared bicycle with electric assist system
    54  and  shall not be sold, distributed, or otherwise made available for any
    55  commercial purpose and (b) shall not  be  disclosed  or  otherwise  made
    56  accessible  except  (i)  to the person who is the subject of such  data,

        S. 7508--B                         79                         A. 9508--B
 
     1  information or record; or (ii) if necessary  to  comply  with  a  lawful
     2  court  order,  judicial  warrant signed by a judge appointed pursuant to
     3  article III of the United States  constitution, or subpoena for individ-
     4  ual data, information or records properly issued  pursuant to the crimi-
     5  nal  procedure law or the civil practice law and rules. Provided, howev-
     6  er, that nothing contained in this paragraph shall be deemed to preclude
     7  the exchange of such data, information or recorded images solely for the
     8  purpose of administering such authorized shared system. For the purposes
     9  of this subdivision, "personal information" shall mean information  that
    10  identifies  an  individual,  including but not limited to name, address,
    11  telephone number, and the type and form of payment including credit card
    12  number, debit card number, or other payment method.
    13    § 9. The vehicle and traffic law is amended by adding  a  new  section
    14  1242-a to read as follows:
    15    §  1242-a. Operation of a bicycle with electric assist while under the
    16  influence of alcohol or drugs.  1.  Offenses;  criminal  penalties.  (a)
    17  Operating  a  bicycle  with  electric  assist while ability impaired. No
    18  person shall operate a bicycle with electric assist while  the  person's
    19  ability  to operate such bicycle with electric assist is impaired by the
    20  consumption of alcohol.
    21    (i) A violation of this paragraph shall be a  traffic  infraction  and
    22  shall be punishable by a fine of not more than three hundred dollars, or
    23  by  imprisonment  in  a  penitentiary  or  county jail for not more than
    24  fifteen days, or by both such fine and imprisonment.
    25    (ii) A person who operates a bicycle with electric assist in violation
    26  of this paragraph after having been convicted  of  a  violation  of  any
    27  paragraph  of  this subdivision within the preceding five years shall be
    28  punished by a fine of not more than seven hundred fifty dollars,  or  by
    29  imprisonment  of  not  more than thirty days in a penitentiary or county
    30  jail or by both such fine and imprisonment.
    31    (iii) A  person  who  operates  a  bicycle  with  electric  assist  in
    32  violation of this paragraph after being convicted two or more times of a
    33  violation  of any paragraph of this subdivision within the preceding ten
    34  years shall be guilty of a misdemeanor, and shall be punished by a  fine
    35  of  not  more  than one thousand dollars, or by imprisonment of not more
    36  than one hundred eighty days in a penitentiary or county jail or by both
    37  such fine and imprisonment.
    38    (b) Operating a bicycle with electric assist  while  intoxicated;  per
    39  se.    No person shall operate a bicycle with electric assist while such
    40  person has .08 of one per centum or more by weight  of  alcohol  in  the
    41  person's  blood  as  shown  by chemical analysis of such person's blood,
    42  breath, urine or saliva, made pursuant to the provisions of  subdivision
    43  five of this section.
    44    (c)  Operating  a  bicycle with electric assist while intoxicated.  No
    45  person shall operate a bicycle with electric assist while in an  intoxi-
    46  cated condition.
    47    (d) Operating a bicycle with electric assist while ability impaired by
    48  drugs.  No person shall operate a bicycle with electric assist while the
    49  person's ability  to  operate  such  bicycle  with  electric  assist  is
    50  impaired by the use of a drug as defined in this chapter.
    51    (e) Operating a bicycle with electric assist while ability impaired by
    52  the combined influence of drugs or of alcohol and any drug or drugs.  No
    53  person  shall  operate a bicycle with electric assist while the person's
    54  ability to operate such bicycle with electric assist is impaired by  the
    55  combined influence of drugs or of alcohol and any drug or drugs.

        S. 7508--B                         80                         A. 9508--B
 
     1    (f) Penalty. (i) A violation of paragraph (b), (c), (d) or (e) of this
     2  subdivision  shall be a misdemeanor and shall be punishable by a fine of
     3  not more than five hundred dollars, or by imprisonment in a penitentiary
     4  or county jail for not more than one year, or  by  both  such  fine  and
     5  imprisonment.
     6    (ii) A person who operates a bicycle with electric assist in violation
     7  of  paragraph (b), (c), (d) or (e) of this subdivision after having been
     8  convicted of a violation of paragraph (b),  (c),  (d)  or  (e)  of  this
     9  subdivision  within the preceding ten years shall be guilty of a class E
    10  felony, and shall be punished by a fine of not more  than  one  thousand
    11  dollars  or by a period of imprisonment as provided in the penal law, or
    12  by both such fine and imprisonment.
    13    (iii) A  person  who  operates  a  bicycle  with  electric  assist  in
    14  violation  of  paragraph  (b), (c), (d) or (e) of this subdivision after
    15  having been convicted of a violation of paragraph (b), (c), (d)  or  (e)
    16  of  this  subdivision  two  or more times within the preceding ten years
    17  shall be guilty of a class E felony, and shall be punished by a fine  of
    18  not  more  than  four thousand dollars or by a period of imprisonment as
    19  provided in the penal law, or by both such fine and imprisonment.
    20    2. Certain sentences prohibited. Notwithstanding any provisions of the
    21  penal law, no judge or magistrate shall impose a  sentence  of  uncondi-
    22  tional  discharge  for  a violation of paragraph (b), (c), (d) or (e) of
    23  subdivision one of this section.
    24    3. Sentencing; previous convictions. When sentencing a  person  for  a
    25  violation  of  paragraph (b), (c), (d) or (e) of subdivision one of this
    26  section pursuant to subparagraph (ii) of paragraph  (f)  of  subdivision
    27  one  of this section, the court shall consider any prior convictions the
    28  person may have for a violation of subdivision two, two-a, three,  four,
    29  or  four-a of section eleven hundred ninety-two of this title within the
    30  preceding ten years. When sentencing a person for a violation  of  para-
    31  graph  (b),  (c), (d) or (e) of subdivision one of this section pursuant
    32  to subparagraph (iii) of  paragraph  (f)  of  subdivision  one  of  this
    33  section,  the  court shall consider any prior convictions the person may
    34  have for a violation of subdivision two, two-a, three, four,  or  four-a
    35  of  section eleven hundred ninety-two of this title within the preceding
    36  ten years. When sentencing a person for a violation of subparagraph (ii)
    37  of paragraph (a) of subdivision one of this  section,  the  court  shall
    38  consider  any  prior  convictions the person may have for a violation of
    39  any subdivision of section eleven hundred ninety-two of this title with-
    40  in the preceding five years. When sentencing a person for a violation of
    41  subparagraph (iii) of paragraph (a) of subdivision one of this  section,
    42  the court shall consider any prior convictions the person may have for a
    43  violation  of  any  subdivision  of section eleven hundred ninety-two of
    44  this title within the preceding ten years.
    45    4.  Arrest  and  field  testing.  (a)  Arrest.   Notwithstanding   the
    46  provisions  of  section  140.10  of the criminal procedure law, a police
    47  officer may, without a warrant, arrest a person, in case of a  violation
    48  of  any  paragraph of subdivision one of this section, if such violation
    49  is coupled with an  accident  or  collision  in  which  such  person  is
    50  involved,  which  in  fact  had been committed, though not in the police
    51  officer's presence, when the officer has  reasonable  cause  to  believe
    52  that  the  violation  was  committed by such person. For the purposes of
    53  this subdivision, police officer shall  also  include  a  peace  officer
    54  authorized  to  enforce  this chapter when the alleged violation consti-
    55  tutes a crime.

        S. 7508--B                         81                         A. 9508--B

     1    (b) Field testing. Every person  operating  a  bicycle  with  electric
     2  assist which has been involved in an accident shall, at the request of a
     3  police officer, submit to a breath test to be administered by the police
     4  officer. If such test indicates that such operator has consumed alcohol,
     5  the  police  officer  may  request such operator to submit to a chemical
     6  test in the manner set forth in subdivision five of this section.
     7    5. Chemical tests; when authorized. A police officer may  request  any
     8  person  who  operates  a  bicycle  with electric assist in this state to
     9  consent to a chemical test of one or  more  of  the  following:  breath,
    10  blood,  urine,  or  saliva, for the purpose of determining the alcoholic
    11  and/or drug content of such person's blood, provided that such  test  is
    12  administered  at  the  direction  of  a police officer with respect to a
    13  chemical test of breath, urine or saliva or, with respect to a  chemical
    14  test  of blood, at the direction of a police officer: (a) having reason-
    15  able grounds to believe such person to have been operating in  violation
    16  of  paragraph  (a),  (b),  (c),  (d)  or  (e) of subdivision one of this
    17  section and within two hours after such person  has  been  placed  under
    18  arrest  for  any  such violation; or (b) within two hours after a breath
    19  test, as provided in paragraph (b) of subdivision four of this  section,
    20  indicates  that  alcohol has been consumed by such person and in accord-
    21  ance with the rules and regulations established by the police  force  of
    22  which the officer is a member.
    23    6. Testing procedures. (a) Persons authorized to withdraw blood; immu-
    24  nity;  testimony.  (i) At the request of a police officer, the following
    25  persons may withdraw blood for the purpose of determining the  alcoholic
    26  or  drug  content  therein:  (A)  a physician, a registered professional
    27  nurse, a registered physician assistant, a certified nurse practitioner,
    28  or an advanced emergency medical technician as certified by the  depart-
    29  ment  of  health; or (B) under the supervision and at the direction of a
    30  physician, registered physician assistant or certified nurse practition-
    31  er acting within his or her  lawful  scope  of  practice,  or  upon  the
    32  express  consent  of the person eighteen years of age or older from whom
    33  such blood is to be withdrawn: a clinical laboratory technician or clin-
    34  ical laboratory technologist licensed pursuant to  article  one  hundred
    35  sixty-five of the education law; a phlebotomist; or a medical laboratory
    36  technician  or  medical  technologist  employed by a clinical laboratory
    37  approved under title five of article five of the public health law. This
    38  limitation shall not apply to the taking of a urine,  saliva  or  breath
    39  specimen.
    40    (ii) No person entitled to withdraw blood pursuant to subparagraph (i)
    41  of  this  paragraph  or  hospital  employing  such  person, and no other
    42  employer of such person shall be sued or held liable for any act done or
    43  omitted in the course of withdrawing blood at the request  of  a  police
    44  officer pursuant to this section.
    45    (iii) Any person who may have a cause of action arising from the with-
    46  drawal  of  blood  as  aforesaid, for which no personal liability exists
    47  under subparagraph (ii) of this  paragraph,  may  maintain  such  action
    48  against  the  state if any person entitled to withdraw blood pursuant to
    49  this paragraph acted at the request of a police officer employed by  the
    50  state,  or against the appropriate political subdivision of the state if
    51  such person acted at the request of a police officer employed by a poli-
    52  tical subdivision of the state. No action shall be  maintained  pursuant
    53  to  this  subparagraph unless notice of claim is duly filed or served in
    54  compliance with law.
    55    (iv) Notwithstanding subparagraphs (i), (ii) and (iii) of  this  para-
    56  graph,  an action may be maintained by the state or a political subdivi-

        S. 7508--B                         82                         A. 9508--B
 
     1  sion thereof against a person entitled to  withdraw  blood  pursuant  to
     2  subparagraph (i) of this paragraph or hospital employing such person for
     3  whose  act  or  omission the state or the political subdivision has been
     4  held  liable  under this paragraph to recover damages, not exceeding the
     5  amount awarded to the claimant, that may  have  been  sustained  by  the
     6  state  or the political subdivision by reason of gross negligence or bad
     7  faith on the part of such person.
     8    (v) The testimony of any person other than a  physician,  entitled  to
     9  withdraw  blood  pursuant  to  subparagraph  (i)  of  this paragraph, in
    10  respect to any such withdrawal of blood  made  by  such  person  may  be
    11  received  in  evidence with the same weight, force and effect as if such
    12  withdrawal of blood were made by a physician.
    13    (vi) The provisions of subparagraphs (ii),  (iii)  and  (iv)  of  this
    14  paragraph  shall  also  apply  with  regard  to any person employed by a
    15  hospital as security personnel for any act done or omitted in the course
    16  of withdrawing blood at the request of a police officer pursuant to this
    17  section.
    18    (b) Right to additional test. The person tested shall be permitted  to
    19  choose  a physician to administer a chemical test in addition to the one
    20  administered at the direction of the police officer.
    21    (c) Rules and regulations. The department of health  shall  issue  and
    22  file  rules and regulations approving satisfactory techniques or methods
    23  of conducting chemical analyses of a person's blood,  urine,  breath  or
    24  saliva and to ascertain the qualifications and competence of individuals
    25  to  conduct  and supervise chemical analyses of a person's blood, urine,
    26  breath or saliva. If the analyses were made by an individual  possessing
    27  a  permit  issued by the department of health, this shall be presumptive
    28  evidence that the examination was properly given. The provisions of this
    29  paragraph do not prohibit the introduction as evidence  of  an  analysis
    30  made  by an individual other than a person possessing a permit issued by
    31  the department of health.
    32    7. Chemical test evidence. (a) Admissibility. Upon the  trial  of  any
    33  such  action  or  proceeding arising out of actions alleged to have been
    34  committed by any person arrested for a violation  of  any  paragraph  of
    35  subdivision  one  of this section, the court shall admit evidence of the
    36  amount of alcohol or drugs in the defendant's blood as shown by  a  test
    37  administered  pursuant  to  the  provisions  of subdivision five of this
    38  section.
    39    (b) Probative value. The following effect shall be given  to  evidence
    40  of  blood-alcohol  content,  as  determined  by  such tests, of a person
    41  arrested for a violation of subdivision one of this section:
    42    (i) evidence that there was .05 of one per centum or less by weight of
    43  alcohol in such person's blood shall be prima facie  evidence  that  the
    44  ability of such person to operate a bicycle with electric assist was not
    45  impaired  by the consumption of alcohol, and that such person was not in
    46  an intoxicated condition;
    47    (ii) evidence that there was more than .05 of one per centum but  less
    48  than  .07  of one per centum by weight of alcohol in such person's blood
    49  shall be prima facie evidence that such person was not in an intoxicated
    50  condition, but such evidence shall be relevant evidence,  but shall  not
    51  be  given prima facie effect, in determining whether the ability of such
    52  person to operate a bicycle with electric assist  was  impaired  by  the
    53  consumption of alcohol; and
    54    (iii)  evidence  that there was .07 of one per centum or more but less
    55  than .08 of one per centum by weight of alcohol in such  person's  blood
    56  shall be prima facie evidence that such person was not in an intoxicated

        S. 7508--B                         83                         A. 9508--B
 
     1  condition, but such evidence shall be given prima facie effect in deter-
     2  mining  whether  the  ability  of  such person to operate a bicycle with
     3  electric assist was impaired by the consumption of alcohol.
     4    8.  Where  applicable. The provisions of this section shall apply upon
     5  public highways, private roads open to motor vehicle traffic, any  other
     6  parking  lot,  and  sidewalks. For the purposes of this section "parking
     7  lot" shall mean any area or  areas  of  private  property,  including  a
     8  driveway, near or contiguous to and provided in connection with premises
     9  and  used  as  a  means of access to and egress from a public highway to
    10  such premises and having a capacity for the  parking  of  four  or  more
    11  motor  vehicles.  The  provisions of this section shall not apply to any
    12  area or areas of private property comprising all or part of property  on
    13  which is situated a one or two-family residence.
    14    9.  Enforcement  upon  crash.  Notwithstanding  any  provision of this
    15  section, no part of this section may be enforced unless  in  conjunction
    16  with  a  crash  involving an operator of a bicycle with electric assist.
    17  For the purposes of this subdivision, "crash" shall mean colliding  with
    18  a vehicle, person, building or other object.
    19    §  10.  The vehicle and traffic law is amended by adding a new article
    20  34-D to read as follows:
    21                                ARTICLE 34-D
    22                       OPERATION OF ELECTRIC SCOOTERS
    23  Section 1280. Effect of regulations.
    24          1281. Traffic laws apply to persons operating electric scooters;
    25                  local laws.
    26          1282. Operating electric scooters.
    27          1283. Clinging to vehicles.
    28          1284. Riding on roadways,  shoulders,  and  lanes  reserved  for
    29                  non-motorized vehicles and devices.
    30          1285. Lamps and other equipment.
    31          1286. Operators to wear protective headgear.
    32          1287. Leaving  the  scene  of  an incident involving an electric
    33                  scooter without reporting in the second degree.
    34          1288. Leaving the scene of an  incident  involving  an  electric
    35                  scooter without reporting in the first degree.
    36          1289. Operation of an electric scooter while under the influence
    37                  of alcohol or drugs.
    38    §  1280.  Effect  of  regulations.  1. The parent of any child and the
    39  guardian of any ward shall not authorize or knowingly  permit  any  such
    40  child or ward to violate any of the provisions of this article.
    41    2. These regulations applicable to electric scooters shall apply when-
    42  ever  an  electric  scooter  is  operated upon any highway, upon private
    43  roads open to public motor vehicle traffic and upon any path  set  aside
    44  for the exclusive use of bicycles, in-line skates, electric scooters, or
    45  all.
    46    §  1281.  Traffic  laws  apply to persons operating electric scooters;
    47  local laws. 1. Every person riding an electric scooter  upon  a  roadway
    48  shall  be  granted  all of the rights and shall be subject to all of the
    49  duties applicable to the driver of a vehicle and the rider of a  bicycle
    50  by  this  title,  except  as  to special regulations in this article and
    51  except as to those provisions of this title which by  their  nature  can
    52  have no application.
    53    2.  (a)  Except as provided in paragraphs (b) and (c) of this subdivi-
    54  sion, the governing body of any city, town or village may, by local  law
    55  or  ordinance, further regulate the time, place and manner of the opera-
    56  tion of electric scooters, including, but not limited to, maximum speed,

        S. 7508--B                         84                         A. 9508--B
 
     1  requiring the use of protective headgear, and  the  wearing  of  readily
     2  visible  reflective clothing or material by operators of electric scoot-
     3  ers, and may limit, prohibit the use  thereof  in  specified  areas,  or
     4  prohibit  entirely  the use of electric scooters within such city, town,
     5  or village, provided that adequate signage is visibly posted outside the
     6  boundaries of such prohibited areas.
     7    (b) The governing body of any city, town or village in the counties of
     8  Nassau or Suffolk may, by local law or ordinance, further  regulate  the
     9  time, place and manner of the operation of electric scooters, including,
    10  but not limited to, maximum speed, requiring the use of protective head-
    11  gear, and the wearing of readily visible reflective clothing or material
    12  by  operators of electric scooters only after adoption of a local law or
    13  ordinance by the governing body of the county in which the city, town or
    14  village is located. Provided, however, that the provisions of this para-
    15  graph shall not apply to the adoption of a local law or ordinance  by  a
    16  city,  town  or village in the counties of Nassau or Suffolk pursuant to
    17  the provisions of paragraph (a) of this subdivision to prohibit the  use
    18  of electric scooters in specified areas, or prohibit entirely the use of
    19  electric  scooters  within  such  city,  town  or village, provided that
    20  adequate signage is  visibly  posted  outside  the  boundaries  of  such
    21  prohibited areas.
    22    (c)  The  governing body of any town or village in the county of West-
    23  chester may, by local law or ordinance, further regulate the time, place
    24  and manner of the operation of electric  scooters,  including,  but  not
    25  limited to, maximum speed, requiring the use of protective headgear, and
    26  the wearing of readily visible reflective clothing or material by opera-
    27  tors  of  electric  scooters only after adoption of a local law or ordi-
    28  nance by the governing body of Westchester  county.  Provided,  however,
    29  that the provisions of this paragraph shall not apply to the adoption of
    30  a local law or ordinance by a town or village in the county of Westches-
    31  ter  pursuant  to the provisions of paragraph (a) of this subdivision to
    32  prohibit the use of electric scooters in specified  areas,  or  prohibit
    33  entirely  the  use  of  electric  scooters  within such town or village,
    34  provided that adequate signage is visibly posted outside the  boundaries
    35  of such prohibited areas.
    36    3.  No  person shall operate an electric scooter unless such operation
    37  is in compliance with the provisions of this chapter, and any regulation
    38  or order or local law or ordinance adopted pursuant to this article.
    39    § 1282. Operating electric scooters. 1. No electric scooter  shall  be
    40  used  to  carry more than one person at one time. No person operating an
    41  electric scooter shall carry  any  person  as  a  passenger  in  a  pack
    42  fastened to the operator or fastened to the electric scooter.  The fail-
    43  ure  of  any  person  to  comply with the provisions of this subdivision
    44  shall not constitute contributory negligence or assumption of risk,  and
    45  shall  not  in any way bar, preclude or foreclose an action for personal
    46  injury or wrongful death by or on behalf of such person, nor in any  way
    47  diminish or reduce the damages recoverable in any such action.
    48    2.  No  person  operating an electric scooter shall carry any package,
    49  bundle or article which prevents the operator from keeping at least  one
    50  hand  upon  the  handle bars or which obstructs his or her vision in any
    51  direction.
    52    3. Every person operating an electric scooter shall yield the right of
    53  way to pedestrians.
    54    4. No person less than sixteen years of age shall operate or ride as a
    55  passenger upon an electric scooter, and no person sixteen years  of  age

        S. 7508--B                         85                         A. 9508--B
 
     1  or  older shall allow any person less than sixteen years of age to oper-
     2  ate or ride as a passenger upon such scooter.
     3    5.    Except  as  may  be  otherwise provided by local law, ordinance,
     4  order, rule or regulation enacted or promulgated pursuant to this  arti-
     5  cle,  an electric scooter may only be operated on highways with a posted
     6  speed limit of thirty miles per hour or less,  including  non-interstate
     7  public highways, private roads open to motor vehicle traffic, and desig-
     8  nated bicycle or in-line skate lanes.
     9    6.  No  person  shall operate an electric scooter in excess of fifteen
    10  miles per hour.
    11    7. (a) No person shall operate an  electric  scooter  on  a  sidewalk,
    12  except  as  may  be  authorized by a local law or ordinance adopted by a
    13  city, town or village having jurisdiction over such  sidewalk  including
    14  parking  on  certain  sidewalks  within  such  city,  town or village in
    15  compliance with the federal Americans with Disabilities Act of 1990,  as
    16  amended (Public Law 101-336).
    17    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    18  sion, an electric scooter owned by a natural person where the  owner  is
    19  engaged in personal use may park on a sidewalk whether attended or unat-
    20  tended,  provided  however that no person shall park an electric scooter
    21  pursuant to this paragraph in a manner that  interferes  with  the  free
    22  passage  of  pedestrians  on  a sidewalk. A city, town or village having
    23  jurisdiction over such sidewalk shall provide a method by which an elec-
    24  tric scooter owned by a natural person may be identified as such.
    25    8. (a) No person shall operate an electric scooter on any public lands
    26  or property, other than a highway  exclusive  of  any  greenway  running
    27  adjacent to or connected with a highway, except that an electric scooter
    28  may  be  operated on any such lands that have been designated and posted
    29  for travel by electric scooters in accordance  with  the  provisions  of
    30  paragraph (b) of this subdivision. For the purposes of this subdivision,
    31  the  term "greenway" shall have the same meaning as such term is defined
    32  by subdivision seven of section 44-0103 of the  environmental  conserva-
    33  tion  law  and subdivision one of section 39.03 of the parks, recreation
    34  and historic preservation law.
    35    (b) A state agency, by regulation  or  order,  and  a  city,  town  or
    36  village, by local law or ordinance, may designate any appropriate public
    37  lands  and properties under its jurisdiction, other than highways exclu-
    38  sive of any greenway running adjacent to or connected with a highway, as
    39  a place open for travel by electric scooters upon  written  request  for
    40  such  designation  by any person, and may impose restrictions and condi-
    41  tions for the regulation and safe operation of electric scooters on such
    42  public lands or property, such as travel on designated trails and  hours
    43  of operation.
    44    9.  (a)  No  person,  firm,  association or corporation engaged in the
    45  business of selling or leasing electric scooters shall sell or lease any
    46  electric scooter on or after June first, two thousand twenty-two  unless
    47  such  electric  scooter  has permanently affixed thereto, in a prominent
    48  location, a manufacturer's  label  which  shall  include  the  following
    49  information: the maximum motor-assisted speed, the number of persons for
    50  which  such electric scooter is designed and equipped, and motor wattage
    51  of such electric scooter. Manufacturers  and  distributors  of  electric
    52  scooters  shall,  by  April  first, two thousand twenty-two, establish a
    53  process by which an owner of an electric scooter may request and  obtain
    54  a  manufacturer's  label providing the maximum motor-assisted speed, the
    55  number of persons for  which  such  electric  scooter  is  designed  and
    56  equipped,  and  motor  wattage applicable to his or her electric scooter

        S. 7508--B                         86                         A. 9508--B
 
     1  purchased prior to June first, two thousand twenty-two and  installation
     2  instructions from such manufacturers and distributors.
     3    (b)  No person shall operate an electric scooter on any public highway
     4  or street in this state after June first, two thousand twenty-two unless
     5  such electric scooter has permanently affixed thereto,  in  a  prominent
     6  location,  a  manufacturer's  label providing the maximum motor-assisted
     7  speed, the number of persons for which such electric scooter is designed
     8  and equipped, and motor wattage of such electric scooter. Any person who
     9  violates the provisions of this paragraph shall be punished by  a  civil
    10  fine  of up to fifty dollars. The court shall waive any fine for which a
    11  person who violates the provisions of this paragraph would be liable  if
    12  such  person  supplies  the  court  with proof that, between the date on
    13  which he or she is charged with having violated this paragraph  and  the
    14  appearance  date  for such violation, a manufacturer's label was affixed
    15  to his or her electric scooter as required by this paragraph.  Provided,
    16  however,  that such waiver of fine shall not apply to a second or subse-
    17  quent conviction under this paragraph.
    18    10. (a) The governing body of any city, town or village may, by  local
    19  law, ordinance, order, rule or regulation, authorize and regulate shared
    20  electric  scooter  systems  within  such  city, town or village. No such
    21  shared systems shall operate within a city, town or  village  except  as
    22  authorized  by such local law, ordinance, order, rule or regulation.  No
    23  such shared electric scooter system shall operate on public highways  in
    24  a  county  with  a  population  of no less than one million five hundred
    25  eighty-five thousand and no more than one million five  hundred  eighty-
    26  seven  thousand  as  of  the two thousand ten decennial census.  For the
    27  purposes of this subdivision, the term shared  electric  scooter  system
    28  shall  mean  a  network  of self-service and publicly available electric
    29  scooters, and related infrastructure, in which an electric scooter  trip
    30  begins and/or ends on any public highway.
    31    (b)  Notwithstanding  any  other provision of law to the contrary, all
    32  trip data, personal information,  images,  videos,  and  other  recorded
    33  images  collected by any shared electric scooter system which is author-
    34  ized to operate within a city, town or village pursuant to this section:
    35  (i) shall be for the exclusive  use  of  such  shared  electric  scooter
    36  system  and  shall  not be sold, distributed or otherwise made available
    37  for any commercial purpose and (ii) shall not be disclosed or  otherwise
    38  made  accessible  except:  (1)  to the person who is the subject of such
    39  data, information or record; or (2) if necessary to comply with a lawful
    40  court order, judicial warrant signed by a judge  appointed  pursuant  to
    41  article  III of the United States constitution, or subpoena for individ-
    42  ual data, information or records properly issued pursuant to the  crimi-
    43  nal  procedure law or the civil practice law and rules. Provided, howev-
    44  er, that nothing contained in this paragraph shall be deemed to preclude
    45  the exchange of such data, information or recorded images solely for the
    46  purpose of administering such authorized shared system.
    47    For the purposes of this  subdivision,  "personal  information"  shall
    48  mean information that identifies an individual, including but not limit-
    49  ed  to name, address, telephone number, and the type and form of payment
    50  including credit card number, debit card number, or other payment  meth-
    51  od.
    52    11.  A  violation  of  the  provisions of subdivision one, two, three,
    53  four, six, or seven of this section shall result in a civil fine not  to
    54  exceed fifty dollars.
    55    12.  A  police  officer  shall only issue a summons for a violation of
    56  this section by a person less than sixteen years of age to the parent or

        S. 7508--B                         87                         A. 9508--B
 
     1  guardian of such person if the violation by such person  occurs  in  the
     2  presence  of  such  person's parent or guardian and where such parent or
     3  guardian is eighteen years of age or more. Such summons  shall  only  be
     4  issued to such parent or guardian, and shall not be issued to the person
     5  less than sixteen years of age.
     6    §  1283.  Clinging  to  vehicles.  1.  No person operating an electric
     7  scooter shall attach such scooter, or himself or herself, to any vehicle
     8  being operated upon a roadway.
     9    2. No vehicle operator shall knowingly permit any person to attach any
    10  electric scooter, or himself or herself, to such operator's  vehicle  in
    11  violation of subdivision one of this section.
    12    §  1284. Riding on roadways, shoulders, and lanes reserved for non-mo-
    13  torized vehicles and devices. 1. Upon all roadways, any electric scooter
    14  shall be operated either on a usable bicycle or in-line skate  lane  or,
    15  if  a  usable  bicycle or in-line skate lane has not been provided, near
    16  the right-hand curb or edge of the roadway or upon a  usable  right-hand
    17  shoulder in such a manner as to prevent undue interference with the flow
    18  of  traffic  except  when  preparing  for a left turn or when reasonably
    19  necessary to avoid conditions that would  make  it  unsafe  to  continue
    20  along  near  the  right-hand  curb  or edge. Conditions to be taken into
    21  consideration include, but are not limited to, fixed or moving  objects,
    22  vehicles,   bicycles,  in-line  skates,  pedestrians,  animals,  surface
    23  hazards or traffic lanes too narrow for a person operating  an  electric
    24  scooter and a vehicle to travel safely side-by-side within the lane.
    25    2.  Persons  operating  electric  scooters  upon  a roadway shall ride
    26  single file. Persons operating electric scooters upon a shoulder,  bicy-
    27  cle or in-line skate lane, or bicycle or in-line skate path intended for
    28  the use of bicycles, in-line skates or electric scooters may ride two or
    29  more  abreast if sufficient space is available, except that when passing
    30  a vehicle, bicycle, electric personal assistive mobility device,  person
    31  on in-line skates or pedestrian standing or proceeding along such shoul-
    32  der,  lane  or  path,  persons operating electric scooters shall operate
    33  such scooters single file.
    34    3. Any person operating an electric scooter who is entering a  roadway
    35  from a private road, driveway, alley or over a curb shall come to a full
    36  stop before entering the roadway.
    37    §  1285.  Lamps and other equipment. 1. Every electric scooter when in
    38  use during the period from one-half hour after sunset to  one-half  hour
    39  before  sunrise  shall  be equipped with a lamp on the front which shall
    40  emit a white light visible during hours of darkness from a  distance  of
    41  at  least five hundred feet to the front and with a red light visible to
    42  the rear for three hundred feet. At least one such light shall be  visi-
    43  ble for two hundred feet from each side.
    44    2.  No person shall operate an electric scooter unless such scooter is
    45  equipped with a bell or other device capable of giving a signal  audible
    46  for  a  distance  of  at least one hundred feet, except that an electric
    47  scooter shall not be equipped with nor shall  any  person  use  upon  an
    48  electric scooter any siren or whistle.
    49    3.  Every electric scooter shall be equipped with a brake that enables
    50  the operator to bring the electric scooter to a controlled stop.
    51    § 1286.  Operators to wear protective headgear. 1. No  person  sixteen
    52  or  seventeen  years of age shall ride upon, propel or otherwise operate
    53  an electric scooter unless such person is wearing a helmet meeting stan-
    54  dards established by the commissioner  pursuant  to  the  provisions  of
    55  subdivision  two-a of section twelve hundred thirty-eight of this title.
    56  As used in this subdivision, wearing a helmet means  having  a  properly

        S. 7508--B                         88                         A. 9508--B
 
     1  fitting helmet fixed securely on the head of such wearer with the helmet
     2  straps securely fastened.
     3    2.  Any  person who violates the provisions of subdivision one of this
     4  section shall pay a civil fine not to exceed fifty dollars.
     5    3. The court shall waive any fine for which a person who violates  the
     6  provisions  of  subdivision  one of this section would be liable if such
     7  person supplies the court with proof that between the date of  violation
     8  and  the  appearance  date  for  such violation such person purchased or
     9  rented a helmet, which meets the requirements of subdivision one of this
    10  section, or if the court finds that due to reasons of economic  hardship
    11  such  person  was  unable  to  purchase a helmet or due to such economic
    12  hardship such person was unable to obtain a helmet  from  the  statewide
    13  in-line skate and bicycle helmet distribution program, as established in
    14  section two hundred six of the public health law or a local distribution
    15  program.  Such  waiver of fine shall not apply to a second or subsequent
    16  violation of subdivision one of this section.
    17    4. The failure of any person to comply with  the  provisions  of  this
    18  section  shall  not  constitute contributory negligence or assumption of
    19  risk, and shall not in any way bar, preclude or foreclose an action  for
    20  personal injury or wrongful death by or on behalf of such person, nor in
    21  any way diminish or reduce the damages recoverable in any such action.
    22    § 1287. Leaving the scene of an incident involving an electric scooter
    23  without reporting in the second degree. 1. Any person age eighteen years
    24  or  older  operating an electric scooter who, knowing or having cause to
    25  know, that physical injury, as defined in subdivision  nine  of  section
    26  10.00  of  the  penal law, has been caused to another person, due to the
    27  operation of such electric scooter by such person, shall, before leaving
    28  the place where such physical injury occurred, stop, and provide his  or
    29  her  name  and  residence,  including  street  and street number, to the
    30  injured party, if practical, and also to a police  officer,  or  in  the
    31  event  that  no  police  officer is in the vicinity of the place of said
    32  injury, then such person shall report such incident  as  soon  as  phys-
    33  ically able to the nearest police station or judicial officer.
    34    2.  Leaving  the  scene  of  an incident involving an electric scooter
    35  without reporting in the second degree is a violation.
    36    § 1288. Leaving the scene of an incident involving an electric scooter
    37  without reporting in the first degree. 1. Any person age eighteen  years
    38  or  older  operating an electric scooter who, knowing or having cause to
    39  know, that serious physical injury, as defined  in  subdivision  ten  of
    40  section  10.00  of the penal law, has been caused to another person, due
    41  to the operation of such electric scooter by such person, shall,  before
    42  leaving the place where such serious physical injury occurred, stop, and
    43  provide  his  or  her  name  and  residence, including street and street
    44  number, to the injured party, if practical, and also to a  police  offi-
    45  cer,  or  in  the event that no police officer is in the vicinity of the
    46  place of said injury, then such person shall  report  said  incident  as
    47  soon  as physically able to the nearest police station or judicial offi-
    48  cer.
    49    2. Leaving the scene of an  incident  involving  an  electric  scooter
    50  without reporting in the first degree is a class B misdemeanor.
    51    §  1289. Operation of an electric scooter while under the influence of
    52  alcohol or drugs. 1. Offenses;  criminal  penalties.  (a)  Operating  an
    53  electric  scooter  while  ability  impaired.  No person shall operate an
    54  electric scooter while the person's ability  to  operate  such  electric
    55  scooter is impaired by the consumption of alcohol.

        S. 7508--B                         89                         A. 9508--B
 
     1    (i)  A  violation  of this paragraph shall be a traffic infraction and
     2  shall be punishable by a fine of not more than three hundred dollars, or
     3  by imprisonment in a penitentiary or  county  jail  for  not  more  than
     4  fifteen days, or by both such fine and imprisonment.
     5    (ii)  A  person  who operates an electric scooter in violation of this
     6  paragraph after having been convicted of a violation of any paragraph of
     7  this subdivision within the preceding five years shall be punished by  a
     8  fine of not more than seven hundred fifty dollars, or by imprisonment of
     9  not  more  than  thirty days in a penitentiary or county jail or by both
    10  such fine and imprisonment.
    11    (iii) A person who operates an electric scooter in violation  of  this
    12  paragraph  after being convicted two or more times of a violation of any
    13  paragraph of this subdivision within the preceding ten  years  shall  be
    14  guilty  of  a  misdemeanor,  and shall be punished by a fine of not more
    15  than one thousand dollars, or by  imprisonment  of  not  more  than  one
    16  hundred  eighty  days  in  a penitentiary or county jail or by both such
    17  fine and imprisonment.
    18    (b) Operating an electric scooter  while  intoxicated;  per  se.    No
    19  person  shall  operate  an electric scooter while such person has .08 of
    20  one per centum or more by weight of alcohol in  the  person's  blood  as
    21  shown  by  chemical  analysis  of  such person's blood, breath, urine or
    22  saliva, made pursuant to the provisions  of  subdivision  five  of  this
    23  section.
    24    (c)  Operating an electric scooter while intoxicated.  No person shall
    25  operate an electric scooter while in an intoxicated condition.
    26    (d) Operating an electric scooter while ability impaired by drugs.  No
    27  person  shall  operate an electric scooter while the person's ability to
    28  operate such electric scooter is impaired  by  the  use  of  a  drug  as
    29  defined in this chapter.
    30    (e)  Operating  an  electric  scooter  while  ability  impaired by the
    31  combined influence of drugs or of alcohol and any drug  or  drugs.    No
    32  person  shall  operate an electric scooter while the person's ability to
    33  operate such electric scooter is impaired by the combined  influence  of
    34  drugs or of alcohol and any drug or drugs.
    35    (f) Penalty. (i) A violation of paragraph (b), (c), (d) or (e) of this
    36  subdivision  shall be a misdemeanor and shall be punishable by a fine of
    37  not more than five hundred dollars, or by imprisonment in a penitentiary
    38  or county jail for not more than one year, or  by  both  such  fine  and
    39  imprisonment.
    40    (ii)  A  person who operates an electric scooter in violation of para-
    41  graph (b), (c), (d)  or  (e)  of  this  subdivision  after  having  been
    42  convicted  of  a  violation  of  paragraph  (b), (c), (d) or (e) of this
    43  subdivision within the preceding ten years shall be guilty of a class  E
    44  felony,  and  shall  be punished by a fine of not more than one thousand
    45  dollars or by a period of imprisonment as provided in the penal law,  or
    46  by both such fine and imprisonment.
    47    (iii)  A person who operates an electric scooter in violation of para-
    48  graph (b), (c), (d)  or  (e)  of  this  subdivision  after  having  been
    49  convicted  of  a  violation  of  paragraph  (b), (c), (d) or (e) of this
    50  subdivision two or more times within the preceding ten  years  shall  be
    51  guilty  of a class E felony, and shall be punished by a fine of not more
    52  than four thousand dollars or by a period of imprisonment as provided in
    53  the penal law, or by both such fine and imprisonment.
    54    2. Certain sentences prohibited. Notwithstanding any provisions of the
    55  penal law, no judge or magistrate shall impose a  sentence  of  uncondi-

        S. 7508--B                         90                         A. 9508--B
 
     1  tional  discharge  for  a violation of paragraph (b), (c), (d) or (e) of
     2  subdivision one of this section.
     3    3.  Sentencing:  previous  convictions. When sentencing a person for a
     4  violation of paragraph (b), (c), (d) or (e) of subdivision one  of  this
     5  section  pursuant  to  subparagraph (ii) of paragraph (f) of subdivision
     6  one of this section, the court shall consider any prior convictions  the
     7  person  may have for a violation of subdivision two, two-a, three, four,
     8  or four-a of section eleven hundred ninety-two of this title within  the
     9  preceding  ten  years. When sentencing a person for a violation of para-
    10  graph (b), (c), (d) or (e) of subdivision one of this  section  pursuant
    11  to  subparagraph  (iii)  of  paragraph  (f)  of  subdivision one of this
    12  section, the court shall consider any prior convictions the  person  may
    13  have  for  a violation of subdivision two, two-a, three, four, or four-a
    14  of section eleven hundred ninety-two of this title within the  preceding
    15  ten years. When sentencing a person for a violation of subparagraph (ii)
    16  of  paragraph  (a)  of  subdivision one of this section, the court shall
    17  consider any prior convictions the person may have for  a  violation  of
    18  any subdivision of section eleven hundred ninety-two of this title with-
    19  in the preceding five years. When sentencing a person for a violation of
    20  subparagraph  (iii) of paragraph (a) of subdivision one of this section,
    21  the court shall consider any prior convictions the person may have for a
    22  violation of any subdivision of section  eleven  hundred  ninety-two  of
    23  this title within the preceding ten years.
    24    4.   Arrest   and  field  testing.  (a)  Arrest.  Notwithstanding  the
    25  provisions of section 140.10 of the criminal  procedure  law,  a  police
    26  officer  may, without a warrant, arrest a person, in case of a violation
    27  of any paragraph of subdivision one of this section, if  such  violation
    28  is  coupled  with  an  accident  or  collision  in  which such person is
    29  involved, which in fact had been committed, though  not  in  the  police
    30  officer's  presence,  when  the  officer has reasonable cause to believe
    31  that the violation was committed by such person.  For  the  purposes  of
    32  this  subdivision,  police  officer  shall  also include a peace officer
    33  authorized to enforce this chapter when the  alleged  violation  consti-
    34  tutes a crime.
    35    (b)  Field  testing.  Every person operating an electric scooter which
    36  has been involved in an accident shall, at the request of a police offi-
    37  cer, submit to a breath test to be administered by the  police  officer.
    38  If  such  test  indicates  that  such operator has consumed alcohol, the
    39  police officer may request such operator to submit to a chemical test in
    40  the manner set forth in subdivision five of this section.
    41    5. Chemical tests; when authorized. A police officer may  request  any
    42  person  who  operates  an electric scooter in this state to consent to a
    43  chemical test of one or more of the following: breath, blood, urine,  or
    44  saliva, for the purpose of determining the alcoholic and/or drug content
    45  of  such  person's blood, provided that such test is administered at the
    46  direction of a police officer with respect to a chemical test of breath,
    47  urine or saliva or, with respect to a chemical test  of  blood,  at  the
    48  direction  of a police officer: (a) having reasonable grounds to believe
    49  such person to have been operating in violation of paragraph  (a),  (b),
    50  (c),  (d) or (e) of subdivision one of this section and within two hours
    51  after such person has been placed under arrest for any  such  violation;
    52  or  (b)  within  two hours after a breath test, as provided in paragraph
    53  (b) of subdivision four of this section, indicates that alcohol has been
    54  consumed by such person and in accordance with the rules and regulations
    55  established by the police force of which the officer is a member.

        S. 7508--B                         91                         A. 9508--B

     1    6. Testing procedures. (a) Persons authorized to withdraw blood; immu-
     2  nity; testimony. (i) At the request of a police officer,  the  following
     3  persons  may withdraw blood for the purpose of determining the alcoholic
     4  or drug content therein: (A)  a  physician,  a  registered  professional
     5  nurse, a registered physician assistant, a certified nurse practitioner,
     6  or  an advanced emergency medical technician as certified by the depart-
     7  ment of health; or (B) under the supervision and at the direction  of  a
     8  physician, registered physician assistant or certified nurse practition-
     9  er  acting  within  his  or  her  lawful  scope of practice, or upon the
    10  express consent of the person eighteen years of age or older  from  whom
    11  such blood is to be withdrawn: a clinical laboratory technician or clin-
    12  ical  laboratory  technologist  licensed pursuant to article one hundred
    13  sixty-five of the education law; a phlebotomist; or a medical laboratory
    14  technician or medical technologist employed  by  a  clinical  laboratory
    15  approved under title five of article five of the public health law. This
    16  limitation  shall  not  apply to the taking of a urine, saliva or breath
    17  specimen.
    18    (ii) No person entitled to withdraw blood pursuant to subparagraph one
    19  of this paragraph or  hospital  employing  such  person,  and  no  other
    20  employer of such person shall be sued or held liable for any act done or
    21  omitted  in  the  course of withdrawing blood at the request of a police
    22  officer pursuant to this section.
    23    (iii) Any person who may have a cause of action arising from the with-
    24  drawal of blood as aforesaid, for which  no  personal  liability  exists
    25  under  subparagraph  (ii)  of  this  paragraph, may maintain such action
    26  against the state if any person entitled to withdraw blood  pursuant  to
    27  this  paragraph acted at the request of a police officer employed by the
    28  state, or against the appropriate political subdivision of the state  if
    29  such person acted at the request of a police officer employed by a poli-
    30  tical  subdivision  of the state. No action shall be maintained pursuant
    31  to this subparagraph unless notice of claim is duly filed or  served  in
    32  compliance with law.
    33    (iv)  Notwithstanding  subparagraphs (i), (ii) and (iii) of this para-
    34  graph an action may be maintained by the state or a  political  subdivi-
    35  sion  thereof  against  a  person entitled to withdraw blood pursuant to
    36  subparagraph (i) of this paragraph or hospital employing such person for
    37  whose act or omission the state or the political  subdivision  has  been
    38  held  liable  under this paragraph to recover damages, not exceeding the
    39  amount awarded to the claimant, that may  have  been  sustained  by  the
    40  state  or the political subdivision by reason of gross negligence or bad
    41  faith on the part of such person.
    42    (v) The testimony of any person other than a  physician,  entitled  to
    43  withdraw  blood  pursuant  to  subparagraph  (i)  of  this paragraph, in
    44  respect to any such withdrawal of blood  made  by  such  person  may  be
    45  received  in  evidence with the same weight, force and effect as if such
    46  withdrawal of blood were made by a physician.
    47    (vi) The provisions of subparagraphs (ii),  (iii)  and  (iv)  of  this
    48  paragraph  shall  also  apply  with  regard  to any person employed by a
    49  hospital as security personnel for any act done or omitted in the course
    50  of withdrawing blood at the request of a police officer pursuant to this
    51  section.
    52    (b) Right to additional test. The person tested shall be permitted  to
    53  choose  a physician to administer a chemical test in addition to the one
    54  administered at the direction of the police officer.
    55    (c) Rules and regulations. The department of health  shall  issue  and
    56  file  rules and regulations approving satisfactory techniques or methods

        S. 7508--B                         92                         A. 9508--B
 
     1  of conducting chemical analyses of a person's blood,  urine,  breath  or
     2  saliva and to ascertain the qualifications and competence of individuals
     3  to  conduct  and supervise chemical analyses of a person's blood, urine,
     4  breath  or saliva. If the analyses were made by an individual possessing
     5  a permit issued by the department of health, this shall  be  presumptive
     6  evidence that the examination was properly given. The provisions of this
     7  paragraph  do  not  prohibit the introduction as evidence of an analysis
     8  made by an individual other than a person possessing a permit issued  by
     9  the department of health.
    10    7.  Chemical  test  evidence. (a) Admissibility. Upon the trial of any
    11  such action or proceeding arising out of actions alleged  to  have  been
    12  committed  by  any  person  arrested for a violation of any paragraph of
    13  subdivision one of this section, the court shall admit evidence  of  the
    14  amount  of  alcohol or drugs in the defendant's blood as shown by a test
    15  administered pursuant to the provisions  of  subdivision  five  of  this
    16  section.
    17    (b)  Probative  value. The following effect shall be given to evidence
    18  of blood-alcohol content, as determined  by  such  tests,  of  a  person
    19  arrested for a violation of subdivision one of this section:
    20    (i) evidence that there was .05 of one per centum or less by weight of
    21  alcohol  in  such  person's blood shall be prima facie evidence that the
    22  ability of such person to operate an electric scooter was  not  impaired
    23  by the consumption of alcohol, and that such person was not in an intox-
    24  icated condition;
    25    (ii)  evidence that there was more than .05 of one per centum but less
    26  than .07 of one per centum by weight of alcohol in such  person's  blood
    27  shall be prima facie evidence that such person was not in an intoxicated
    28  condition,  but such evidence shall be relevant evidence,  but shall not
    29  be given prima facie effect, in determining whether the ability of  such
    30  person to operate an electric scooter was impaired by the consumption of
    31  alcohol; and
    32    (iii)  evidence  that there was .07 of one per centum or more but less
    33  than .08 of one per centum by weight of alcohol in such  person's  blood
    34  shall be prima facie evidence that such person was not in an intoxicated
    35  condition, but such evidence shall be given prima facie effect in deter-
    36  mining whether the ability of such person to operate an electric scooter
    37  was impaired by the consumption of alcohol.
    38    8.  Where  applicable. The provisions of this section shall apply upon
    39  public highways, private roads open to motor vehicle traffic, any  other
    40  parking  lot,  and  sidewalks. For the purposes of this section "parking
    41  lot" shall mean any area or  areas  of  private  property,  including  a
    42  driveway, near or contiguous to and provided in connection with premises
    43  and  used  as  a  means of access to and egress from a public highway to
    44  such premises and having a capacity for the  parking  of  four  or  more
    45  motor  vehicles.  The  provisions of this section shall not apply to any
    46  area or areas of private property comprising all or part of property  on
    47  which is situated a one or two family residence.
    48    9.  Enforcement  upon  crash.  Notwithstanding  any  provision of this
    49  section, no part of this section may be enforced unless  in  conjunction
    50  with  a  crash  involving  an  operator  of an electric scooter. For the
    51  purposes of this subdivision, "crash" shall mean colliding with a  vehi-
    52  cle, person, building or other object.
    53    §  11. This act shall take effect immediately; provided, however, that
    54  section ten of this act shall take effect on the one  hundred  twentieth
    55  day  after it shall have become a law.  Effective immediately, the addi-
    56  tion, amendment and/or repeal of any rule or  regulation  necessary  for

        S. 7508--B                         93                         A. 9508--B
 
     1  the  implementation  of this act on its effective date are authorized to
     2  be made and completed on or before such effective date.
 
     3                                   PART YY
 
     4    Section  1.  Section  13 of part U1 of chapter 62 of the laws of 2003,
     5  amending the vehicle and traffic law and other laws relating to increas-
     6  ing certain motor vehicle transaction fees, as amended by section  1  of
     7  part A of chapter 58 of the laws of 2017, is amended to read as follows:
     8    §  13.  This  act shall take effect immediately; provided however that
     9  sections one through seven of this act, the amendments to subdivision  2
    10  of  section  205  of  the tax law made by section eight of this act, and
    11  section nine of this act shall expire and be deemed repealed on April 1,
    12  [2020] 2022; provided further, however, that the provisions  of  section
    13  eleven  of this act shall take effect April 1, 2004 and shall expire and
    14  be deemed repealed on April 1, [2020] 2022.
    15    § 2. Section 2 of part B of chapter 84 of the laws of  2002,  amending
    16  the  state  finance law relating to the costs of the department of motor
    17  vehicles, as amended by section 2 of part A of chapter 58 of the laws of
    18  2015, is amended to read as follows:
    19    § 2. This act shall take effect April 1, 2002; provided,  however,  if
    20  this  act  shall become a law after such date it shall take effect imme-
    21  diately and shall be deemed to have been in full force and effect on and
    22  after April 1, 2002; provided further,  however,  that  this  act  shall
    23  expire and be deemed repealed on April 1, [2020] 2022.
    24    § 3. This act shall take effect immediately.
 
    25                                   PART ZZ
 
    26    Section 1. Section 399-l of the vehicle and traffic law, as amended by
    27  section  1  of  part UU of chapter 59 of the laws of 2018, is amended to
    28  read as follows:
    29    § 399-l.  Application.  Applicants  for  participation  in  the  pilot
    30  program  established pursuant to this article shall be among those acci-
    31  dent prevention course sponsoring agencies that have a  course  approved
    32  by the commissioner pursuant to article twelve-B of this title [prior to
    33  the effective date of this article] and which deliver such course to the
    34  public. Provided, [however,] the commissioner [may] shall, in his or her
    35  discretion,  approve  additional applications after [such] the effective
    36  date of this article. In order to be approved for participation in  such
    37  pilot  program, the course must comply with the provisions of law, rules
    38  and regulations applicable thereto.  The commissioner may, in his or her
    39  discretion, impose a fee for  the  submission  of  each  application  to
    40  participate  in  the pilot program established pursuant to this article.
    41  Such fee shall not exceed seven thousand five hundred dollars.
    42    § 2. Section 399-q of the vehicle and traffic law, as added by chapter
    43  368 of the laws of 2019, is amended to read as follows:
    44    § 399-q. Application. An applicant  for  participation  in  the  pilot
    45  program  established pursuant to this article shall be an approved spon-
    46  sor of an internet  accident  prevention  course,  pursuant  to  article
    47  twelve-C  of this title, prior to the effective date of this article and
    48  which delivers such courses to the public.   Provided, the  commissioner
    49  shall,  in  his or her discretion, approve additional applications after
    50  such date. In order to be  approved  for  participation  in  such  pilot
    51  program,  the course must comply with provisions of law, rules and regu-
    52  lations  applicable  thereto.  The  commissioner  may,  in  his  or  her

        S. 7508--B                         94                         A. 9508--B
 
     1  discretion,  impose  a  fee  for  the  submission of each application to
     2  participate in the pilot program established pursuant to  this  article.
     3  Such  fee  shall  not  exceed  seven thousand five hundred dollars which
     4  shall, excluding administrative expenses of the department, be deposited
     5  in  the  dedicated highway and bridge trust fund established pursuant to
     6  section eighty-nine-b of the state finance law.
     7    § 3.  Section 399-s of the vehicle and traffic law, as added by  chap-
     8  ter 368 of the laws of 2019, is amended to read as follows:
     9    §  399-s.  Pilot  program  scope  and duration. The commissioner shall
    10  conduct a pilot program designed to evaluate utilizing the internet  for
    11  delivering an approved pre-licensing course required by subparagraph (i)
    12  of paragraph (a) of subdivision four of section five hundred two of this
    13  chapter,  by permitting qualified applicants to participate in the pilot
    14  program from June thirtieth, two thousand twenty to June thirtieth,  two
    15  thousand twenty-five. Provided that applicants for class DJ and class MJ
    16  licenses shall not be eligible to participate in such pilot program.
    17    § 4. Section 5 of chapter 751 of the laws of 2005, amending the insur-
    18  ance  law  and  the vehicle and traffic law relating to establishing the
    19  accident prevention course internet technology pilot program, as amended
    20  by section 3 of part D of chapter 58 of the laws of 2016, is amended  to
    21  read as follows:
    22    § 5. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law and shall expire and be deemed repealed April
    24  1,  [2020]  2022;  provided  that any rules and regulations necessary to
    25  implement the provisions of this act on its effective date  are  author-
    26  ized and directed to be completed on or before such date.
    27    §  5.  This  act shall take effect immediately; provided that sections
    28  two and three of this act shall take effect on the same date and in  the
    29  same  manner  as chapter 368 of the laws of 2019 takes effect; provided,
    30  however, that the amendments to section 399-l of the vehicle and traffic
    31  law made by section one of this act shall not affect the repeal of  such
    32  section  and shall be deemed to be repealed therewith; provided further,
    33  that the amendments to article 12-D of the vehicle and traffic law  made
    34  by  sections  two  and  three of this act shall not affect the repeal of
    35  such article and shall be deemed to  be  repealed  therewith.  Effective
    36  immediately,  the addition, amendment and/or repeal of any rule or regu-
    37  lation necessary for the implementation of this  act  on  its  effective
    38  date are authorized to be made and completed on or before such effective
    39  date.
 
    40                                  PART AAA
 
    41                            Intentionally Omitted
 
    42                                  PART BBB
 
    43                            Intentionally Omitted
 
    44                                  PART CCC
 
    45                            Intentionally Omitted
 
    46                                  PART DDD
 
    47                            Intentionally Omitted

        S. 7508--B                         95                         A. 9508--B

     1                                  PART EEE
 
     2    Section  1. Section 5 of chapter 451 of the laws of 2017, enacting the
     3  New York Buy American Act, is amended to read as follows:
     4    § 5. This act shall take effect April 1, 2018 and shall apply  to  any
     5  state  contracts  executed  and  entered  into on or after such date and
     6  shall exclude such contracts that have been previously awarded  or  have
     7  pending  bids  or  pending  requests for proposals issued as of April 1,
     8  2018, and shall not apply to projects that have commenced project design
     9  and environmental studies prior to such date[; provided,  however,  that
    10  this act shall expire and be deemed repealed April 15, 2020].
    11    § 2. This act shall take effect immediately.
 
    12                                  PART FFF
 
    13    Section  1.  The labor law is amended by adding a new section 224-a to
    14  read as follows:
    15    § 224-a.  Prevailing  wage  requirements  applicable  to  construction
    16  projects  performed under private contract. 1. Subject to the provisions
    17  of this section, each "covered project" as defined in this section shall
    18  be subject to prevailing wage requirements in  accordance  with  section
    19  two  hundred twenty and two hundred twenty-b of this article. A "covered
    20  project" shall mean construction work done under contract which is  paid
    21  for  in  whole or in part out of public funds as such term is defined in
    22  this section where the amount of all such public funds, when aggregated,
    23  is at least thirty percent of the total construction project  costs  and
    24  where  such  project  costs  are  over  five  million  dollars except as
    25  provided for by section two hundred twenty-four-c of this article.
    26    2. For purposes of this section, "paid for in whole or in part out  of
    27  public funds" shall mean any of the following:
    28    a.  The  payment of money, by a public entity, or a third party acting
    29  on behalf of and for the benefit of a public entity, directly to  or  on
    30  behalf  of the contractor, subcontractor, developer or owner that is not
    31  subject to repayment;
    32    b. The savings achieved from fees, rents,  interest  rates,  or  other
    33  loan  costs,  or  insurance costs that are lower than market rate costs;
    34  savings from reduced taxes as a result of tax credits,  tax  abatements,
    35  tax exemptions or tax increment financing; savings from payments in lieu
    36  of  taxes; and any other savings from reduced, waived, or forgiven costs
    37  that would have otherwise been at a higher or market rate  but  for  the
    38  involvement of the public entity;
    39    c. Money loaned by the public entity that is to be repaid on a contin-
    40  gent basis; or
    41    d.  Credits that are applied by the public entity against repayment of
    42  obligations to the public entity.
    43    3. For purposes of this section, "paid for in whole or in part out  of
    44  public funds" shall not include:
    45    a.  Benefits under section four hundred twenty-one-a of the real prop-
    46  erty tax law;
    47    b. Funds that are not provided primarily to promote,  incentivize,  or
    48  ensure  that  construction  work  is performed, which would otherwise be
    49  captured in subdivision two of this section;
    50    c. Funds used to incentivize or ensure the development of a comprehen-
    51  sive sewage system, including connection  to  existing  sewer  lines  or
    52  creation  of new sewage lines or sewer capacity, provided, however, that

        S. 7508--B                         96                         A. 9508--B
 
     1  such work shall be  deemed  to  be  a  public  work  covered  under  the
     2  provisions of this article;
     3    d. tax benefits provided for projects the length or value of which are
     4  not able to be calculated at the time the work is to be performed;
     5    e.  tax benefits related to brownfield remediation or brownfield rede-
     6  velopment pursuant to section twenty-one, twenty-two, one hundred eight-
     7  y-seven-g or one hundred eighty-seven-h  of  the  tax  law,  subdivision
     8  seventeen  or  eighteen  of  section  two  hundred ten-B of the tax law,
     9  subsection (dd) or (ee) of section six hundred six of the  tax  law,  or
    10  subdivision (u) or (v) of section fifteen hundred eleven of the tax law;
    11    f.  funds  provided  pursuant  to subdivision three of section twenty-
    12  eight hundred fifty-three of the education law; and
    13    g. any other public monies, credits, savings or loans,  determined  by
    14  the public subsidy board created in section two hundred twenty-four-c of
    15  this article as exempt from this definition.
    16    4.  For  purposes  of this section "covered project" shall not include
    17  any of the following:
    18    a. Construction work on one or two family dwellings where the property
    19  is the owner's primary residence,  or  construction  work  performed  on
    20  property where the owner of the property owns no more than four dwelling
    21  units;
    22    b.  Construction work performed under a contract with a not-for-profit
    23  corporation as defined in section one hundred two of the  not-for-profit
    24  corporation  law,  other than a not-for-profit corporation formed exclu-
    25  sively for the purpose of  holding  title  to  property  and  collecting
    26  income thereof or any public entity as defined in this section where the
    27  not-for-profit  corporation  has  gross  annual revenue and support less
    28  than five million dollars;
    29    c. Construction work performed on a multiple residence  and/or  ancil-
    30  lary amenities or installations that is wholly privately owned in any of
    31  the  following  circumstances  except  as  provided  for  by section two
    32  hundred twenty-four-c of this article:
    33    (i) where no less than twenty-five percent of  the  residential  units
    34  are affordable and shall be retained subject to an anticipated regulato-
    35  ry  agreement  with a local, state, or federal governmental entity, or a
    36  not-for-profit entity with an anticipated formal agreement with a local,
    37  state, or federal governmental entity for purposes of providing afforda-
    38  ble housing in a given locality or region provided that  the  period  of
    39  affordability  for  a  residential  unit  deemed  affordable  under  the
    40  provisions of this paragraph shall be for no  less  than  fifteen  years
    41  from the date of construction; or
    42    (ii)  where  no less than thirty-five percent of the residential units
    43  involves the provision of supportive  housing  services  for  vulnerable
    44  populations provided that such units are subject to an anticipated regu-
    45  latory agreement with a local, state, or federal governmental entity; or
    46    (iii)  any newly created programs for affordable or subsidized housing
    47  as determined by the public subsidy board  established  by  section  two
    48  hundred twenty-four-c of this article.
    49    d.  Construction work performed on a manufactured home park as defined
    50  in paragraph three of subdivision a of section two hundred  thirty-three
    51  of  the real property law where the manufactured home park is subject to
    52  a regulatory agreement with a  local,  state,  or  federal  governmental
    53  entity for no less than fifteen years;
    54    e.  Construction work performed under a pre-hire collective bargaining
    55  agreement between an owner or contractor and a bona  fide  building  and
    56  construction  trade  labor  organization which has established itself as

        S. 7508--B                         97                         A. 9508--B
 
     1  the collective  bargaining  representative  for  all  persons  who  will
     2  perform work on such a project, and which provides that only contractors
     3  and  subcontractors  who  sign a pre-negotiated agreement with the labor
     4  organization  can  perform  work on such a project, or construction work
     5  performed under a labor peace agreement, project labor agreement, or any
     6  other construction work performed under an enforceable agreement between
     7  an owner or contractor and a bona fide building and  construction  trade
     8  labor organization;
     9    f. Construction work performed on projects funded by section sixteen-n
    10  of  the urban development corporation act or the downtown revitalization
    11  initiative;
    12    g. Construction work and engineering and consulting services performed
    13  in connection with the installation of a renewable energy system, renew-
    14  able heating or cooling system, or energy storage system, with a capaci-
    15  ty equal to or under five megawatts alternating current;
    16    h. Construction work performed on supermarket retail  space  built  or
    17  renovated  with  tax incentives provided under the food retail expansion
    18  to support health (FRESH) program through the New York  city  industrial
    19  development agency;
    20    i.  Construction work performed for interior fit-outs and improvements
    21  under  ten  thousand  square  feet  through  small  business  incubation
    22  programs operated by the New York city economic development corporation;
    23    j. Construction work on space to be used as a school under sixty thou-
    24  sand  square  feet,  pursuant to a lease from a private owner to the New
    25  York city department of education and the school construction authority;
    26  or
    27    k. Construction work performed on projects that received tax  benefits
    28  related to historic rehabilitation pursuant to subdivision twenty-six of
    29  section  two  hundred  ten-B  of the tax law, subsection (oo) or (pp) of
    30  section six hundred six of the tax law, or subdivision  (y)  of  section
    31  fifteen hundred eleven of the tax law.
    32    5.  For  purposes  of this section, "public entity" shall include, but
    33  shall not be limited to, the state, a local development  corporation  as
    34  defined  in  subdivision  eight  of  section eighteen hundred one of the
    35  public authorities law or section fourteen hundred eleven  of  the  not-
    36  for-profit  corporation  law,  a  municipal  corporation  as  defined in
    37  section one hundred nineteen-n of the general municipal law,  an  indus-
    38  trial  development  agency  formed pursuant to article eighteen-A of the
    39  general municipal  law  or  industrial  development  authorities  formed
    40  pursuant  to article eight of the public authorities law, and any state,
    41  local or interstate or international authorities as defined  in  section
    42  two  of  the public authorities law; and shall include any trust created
    43  by any such entities.
    44    6. For purposes of this section, "construction" means work which shall
    45  be as defined by the public subsidy board to require payment of prevail-
    46  ing wage, and which may involve the employment of laborers, workers,  or
    47  mechanics.
    48    7.  For purposes of this section and section two hundred twenty-four-b
    49  of this article, the "fiscal officer" shall be deemed to be the  commis-
    50  sioner.
    51    8.  The  enforcement  of  any construction work deemed to be a covered
    52  project pursuant to this section, and any additional requirements, shall
    53  be subject, in addition to this section, only  to  the  requirements  of
    54  sections  two  hundred  twenty,  two  hundred twenty-four-b, two hundred
    55  twenty-four-c, and two hundred twenty-b of this article and  within  the
    56  jurisdiction of the fiscal officer; provided, however, nothing contained

        S. 7508--B                         98                         A. 9508--B

     1  in  this  section  shall  be  deemed  to construe any covered project as
     2  otherwise being considered public work pursuant  to  this  article;  and
     3  further provided:
     4    a.  The owner or developer of such covered project shall certify under
     5  penalty of perjury within five days of commencement of construction work
     6  whether the project at issue  is  subject  to  the  provisions  of  this
     7  section through the use of a standard form developed by the fiscal offi-
     8  cer.
     9    b.  The  owners  or  developers  of  a  property who are undertaking a
    10  project under private contract, may seek guidance from the public subsi-
    11  dy board contained in section two hundred twenty-four-c of this article,
    12  and such board may render an opinion as to whether or not the project is
    13  a covered project within the meaning of this article. Any such  determi-
    14  nation  shall  not  be reviewable by the fiscal officer, nor shall it be
    15  reviewable by the department pursuant to section two hundred  twenty  of
    16  this article.
    17    c.  The  owner  or developer of a covered project shall be responsible
    18  for retaining original payroll records in accordance  with  section  two
    19  hundred  twenty  of  this  article  for  a  period of six years from the
    20  conclusion of such work. All payroll records maintained by an  owner  or
    21  developer  pursuant  to  this  section shall be subject to inspection on
    22  request of the fiscal officer.  Such owner or  developer  may  authorize
    23  the  prime contractor of the construction project to take responsibility
    24  for retaining and maintaining payroll records, but will be held  jointly
    25  and  severally liable for any violations of such contractor. All records
    26  obtained by the fiscal officer shall be subject to the Freedom of Infor-
    27  mation Law.
    28    d. Each public entity providing any of  the  public  funds  listed  in
    29  subdivision  two  of  this section to an owner, developer, contractor or
    30  subcontractor of a project shall identify the nature and dollar value of
    31  such funds and whether any such funds  are  excluded  under  subdivision
    32  three of this section and shall so notify the recipient of such funds of
    33  such  determination  and  of their obligations under paragraph a of this
    34  subdivision.
    35    e. The fiscal officer may issue rules and  regulations  governing  the
    36  provisions  of this section. Violations of this section shall be grounds
    37  for determinations and orders pursuant to section two  hundred  twenty-b
    38  of this article.
    39    9.  Each  owner  and  developer  subject  to  the requirements of this
    40  section shall comply with the  objectives  and  goals  of  minority  and
    41  women-owned  business  enterprises  pursuant to article fifteen-A of the
    42  executive law and service-disabled veteran-owned businesses pursuant  to
    43  article  seventeen-B  of the executive law.  The department in consulta-
    44  tion with the directors of the division of minority and women's business
    45  development and of the division of service-disabled  veterans'  business
    46  development shall make training and resources available to assist minor-
    47  ity  and  women-owned business enterprises and service-disabled veteran-
    48  owned business enterprises on  covered  projects  achieve  and  maintain
    49  compliance  with prevailing wage requirements. The department shall make
    50  such training and resources available online and shall  afford  minority
    51  and  women-owned business enterprises and service-disabled veteran-owned
    52  business enterprises an opportunity to submit comments on such training.
    53    10. a. The fiscal officer shall report to the governor, the  temporary
    54  president  of the senate, and the speaker of the assembly by July first,
    55  two thousand twenty-two, and annually thereafter, on  the  participation
    56  of  minority and women-owned business enterprises in relation to covered

        S. 7508--B                         99                         A. 9508--B
 
     1  projects and contracts for public work subject to the provisions of this
     2  section and section two hundred twenty of this article  respectively  as
     3  well  as  the  diversity  practices  of  contractors  and subcontractors
     4  employing laborers, workers, and mechanics on such projects.
     5    b.  Such  reports shall include aggregated data on the utilization and
     6  participation of minority  and  women-owned  business  enterprises,  the
     7  employment  of minorities and women in construction-related jobs on such
     8  projects, and the commitment of contractors and subcontractors  on  such
     9  projects to adopting practices and policies that promote diversity with-
    10  in  the  workforce.    The  reports shall also examine the compliance of
    11  contractors and subcontractors with other equal  employment  opportunity
    12  requirements  and  anti-discrimination  laws,  in  addition to any other
    13  employment practices deemed pertinent by the commissioner.
    14    c. The fiscal officer may require any owner or developer  to  disclose
    15  information  on  the  participation of minority and women-owned business
    16  enterprises and the diversity practices of contractors  and  subcontrac-
    17  tors  involved  in  the performance of any covered project.  It shall be
    18  the duty of the fiscal officer to consult and to share such  information
    19  in order to effectuate the requirements of this section.
    20    11. If construction work is not deemed to be a covered project, wheth-
    21  er  by  virtue of an exclusion of such project under subdivision four of
    22  this section, or by virtue or not receiving sufficient public  money  to
    23  be  deemed  "paid  for  in  whole  or in part out of public funds", such
    24  project shall not be subject to the requirements of sections two hundred
    25  twenty and two hundred twenty-b of this article.
    26    § 2. The labor law is amended by adding a new section 224-b to read as
    27  follows:
    28    § 224-b. Stop-work orders. Where a complaint is received  pursuant  to
    29  this  article,  or where the fiscal officer upon his or her own investi-
    30  gation, finds cause to believe that any person, in connection  with  the
    31  performance  of  any  contract  for  public work pursuant to section two
    32  hundred twenty of this  article  or  any  covered  project  pursuant  to
    33  section two hundred twenty-four-a of this article, has substantially and
    34  materially  failed to comply with or intentionally evaded the provisions
    35  of this article, the fiscal officer may notify such person in writing of
    36  his or her intention to issue a stop-work order. Such notice  shall  (i)
    37  be served in a manner consistent with section three hundred eight of the
    38  civil  practice  law  and  rules;  (ii) notify such person of his or her
    39  right to a hearing; and (iii) state the factual  basis  upon  which  the
    40  fiscal officer has based his or her decision to issue a stop-work order.
    41  Any  documents, reports, or information that form a basis for such deci-
    42  sion shall be provided to such person within a  reasonable  time  before
    43  the hearing. Such hearing shall be expeditiously conducted.
    44    Following the hearing, if the fiscal officer issues a stop-work order,
    45  it  shall  be served by regular mail, and a second copy may be served by
    46  telefacsimile or by electronic mail, with service effective upon receipt
    47  of any such order. Such stop-work order shall also be served with regard
    48  to a worksite by posting a copy of such order in a conspicuous  location
    49  at the worksite. The order shall remain in effect until the fiscal offi-
    50  cer  directs  that the stop-work order be removed, upon a final determi-
    51  nation on the complaint or where such failure to  comply  or  evade  has
    52  been  deemed  corrected. If the person against whom such order is issued
    53  shall within thirty days after issuance of the stop-work order makes  an
    54  application in affidavit form for a redetermination review of such order
    55  the fiscal officer shall make a decision in writing on the issues raised
    56  in such application. The fiscal officer may direct a conditional release

        S. 7508--B                         100                        A. 9508--B
 
     1  from  a  stop-work order upon a finding that such person has taken mean-
     2  ingful and good faith steps to comply with the provisions of this  arti-
     3  cle.
     4    § 3. The labor law is amended by adding a new section 224-c to read as
     5  follows:
     6    § 224-c. Public subsidy board. 1. A board on public subsidies, herein-
     7  after  "the  board",  is hereby created, to consist of thirteen members.
     8  The thirteen members shall be appointed by the governor as follows:  one
     9  member upon the recommendation of the temporary president of the senate,
    10  one  member  upon the recommendation of the speaker of the assembly, the
    11  commissioner, the president of the empire state development corporation,
    12  the director of the division of the  budget,  two  members  representing
    13  employees in the construction industry, of whom one shall be a represen-
    14  tative  of  the  largest  statewide trade labor association representing
    15  building and construction workers, and one shall be a representative  of
    16  the   largest   trade   labor   association  representing  building  and
    17  construction workers with membership in New York City, and  two  members
    18  representing  employers  in the construction industry, of whom one shall
    19  be a representative of the largest statewide  organization  representing
    20  building owners and developers, either for-profit or not-for-profit, and
    21  one  shall  be a representative of a statewide organization representing
    22  building owners and developers,  either  for-profit  or  not-for-profit,
    23  representing a region different than the region primarily represented by
    24  the  initial  employer representative. The commissioner shall act as the
    25  chair. The members shall serve at the pleasure of the  authority  recom-
    26  mending,  designating,  or  otherwise  appointing  such member and shall
    27  serve without salary or compensation but shall be reimbursed for  neces-
    28  sary expenses incurred in the performance of their duties.
    29    2. The board shall meet on an as needed basis and shall have the power
    30  to  conduct  public  hearings. The board may also consult with employers
    31  and employees, and their respective representatives, in the construction
    32  industry and with such other persons, including the commissioner, as  it
    33  shall  determine.   No public officer or employee appointed to the board
    34  shall forfeit any position or office by virtue of  appointment  to  such
    35  board.  Any  proceedings of the board which relate to a particular indi-
    36  vidual or project shall be confidential.
    37    3. The board  may  examine  and  make  recommendations  regarding  the
    38  following:
    39    (a)  the  minimum  threshold  percentage  of public funds set forth in
    40  subdivision one of section two hundred twenty-four-a  of  this  article,
    41  but no lower than that which is set forth in such subdivision;
    42    (b)  the minimum dollar threshold of projects set forth in subdivision
    43  one of section two hundred twenty-four-a of this article, but  no  lower
    44  than that which is set forth in such subdivision;
    45    (c)  construction  work excluded as a covered project, as set forth in
    46  subparagraphs (i), (ii) and (iii) of paragraph c of subdivision four  of
    47  section two hundred twenty-four-a of this article;
    48    (d) the definition of construction for purposes of section two hundred
    49  twenty-four-a of this article; or
    50    (e)  particular instances of benefits, monies or credits as to whether
    51  or not they should constitute public funds.
    52    4. Prior to  making  any  recommendation  intended  to  apply  to  all
    53  projects,  the  board  shall  hold  a  public  hearing.  The board shall
    54  announce each public hearing at  least  fifteen  days  in  advance.  The
    55  announcement  shall  contain  an  agenda  of  the  topics the board will
    56  discuss. At each hearing, the board may  hear  testimony  and/or  review

        S. 7508--B                         101                        A. 9508--B
 
     1  written  documents  from  any  interested  stakeholders  related  to the
     2  planned agenda of the meeting.  The board shall make any such  recommen-
     3  dations in writing. In making its recommendations, the board shall exam-
     4  ine  the impact of such thresholds and circumstances on private develop-
     5  ment in light of  available  public  subsidies,  existing  labor  market
     6  conditions, prevailing wage and supplement practices, and shall consider
     7  the  extent  to  which  adjustments to such thresholds and circumstances
     8  could ameliorate adverse impacts, if any, or  expand  opportunities  for
     9  prevailing  wage and supplement standards on publicly subsidized private
    10  construction projects in any region or regions of the state.
    11    5. The board shall be empowered to issue binding determinations to any
    12  public entity, or any private or not-for-profit owner or developer as to
    13  any particular matter  related  to  an  existing  or  potential  covered
    14  project.  In  such  instances the board shall make a determination based
    15  upon documents, or testimony, or both in its sole discretion.  Any  such
    16  proceedings shall be confidential, except that publication of such deci-
    17  sions  shall  be  made available on the department's website, subject to
    18  redaction or confidentiality  as  the  board  shall  deem  warranted  in
    19  accordance  with any applicable federal or state statutory or regulatory
    20  requirement governing confidentiality and personal privacy.
    21    6. Any recommendation rendered by the board pursuant to  this  section
    22  shall be subject to the provisions of article seventy-eight of the civil
    23  practice law and rules.
    24    7.  In the event that the board finds that there is or likely would be
    25  a significant negative economic impact of  implementing  the  prevailing
    26  wage  requirements  provided for in section two hundred twenty-four-a of
    27  this article, the board may temporarily delay the implementation of such
    28  requirements beyond January first, two thousand twenty-two. Such a delay
    29  may be effective statewide or effective only in a region of the state as
    30  defined by the regional economic development councils. In making such  a
    31  determination  to  delay,  the  board  shall consult the department, the
    32  department's division of research  and  statistics,  the  United  States
    33  department  of  labor,  the  federal  reserve bank of New York and other
    34  economic  experts. The board will  reference  well-established  economic
    35  indexes and accepted economic factors tied to the construction industry,
    36  including  but  not  limited to construction industry employment, wages,
    37  and overall construction activity.
    38    § 4. The labor law is amended by adding a new section 813-a to read as
    39  follows:
    40    § 813-a. Annual reports by apprenticeship programs. 1.  On  an  annual
    41  basis,  all apprenticeship programs covered under the provisions of this
    42  article shall report to the department on the participation  of  appren-
    43  tices  currently enrolled in such apprenticeship program. The data to be
    44  included in such report shall include, at a  minimum:  (a)    the  total
    45  number of apprentices in such apprenticeship program; (b) the demograph-
    46  ic information of such apprentices to the extent such data is available,
    47  including,  but  not  limited  to, the age, gender, race, ethnicity, and
    48  national origin of such apprentices; (c) the  rate  of  advancement  and
    49  graduation  of  such  apprentices; and (d) the rate of placement of such
    50  apprentices onto job sites as well as  the  demographic  information  of
    51  such  apprentices  to  the extent such data is available, including, but
    52  not limited to the age, gender, race, ethnicity, and national origin  of
    53  such apprentices.
    54    2.  The  department  shall  make  such  data publicly available on its
    55  website by July first, two thousand twenty-two and on an  annual  basis,
    56  but no later than December thirty-first of each following year.

        S. 7508--B                         102                        A. 9508--B
 
     1    3. The commissioner may promulgate rules and regulations necessary for
     2  the implementation of this section.
     3    § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
     4  sion, or section of this act shall be adjudged by any court of competent
     5  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
     6  invalidate the remainder thereof, but shall be confined in its operation
     7  to the clause, sentence,  paragraph,  subdivision,  or  section  thereof
     8  directly  involved  in the controversy in which such judgment shall have
     9  been rendered. It is hereby declared to be the intent of the legislature
    10  that this act would have been enacted even if  such  invalid  provisions
    11  had not been included herein.
    12    §  6. This act shall take effect on January 1, 2022 and shall apply to
    13  contracts for  construction  executed,  incentive  agreements  executed,
    14  procurements  or  solicitations  issued,  or  applications  for building
    15  permits on or after such date; provided however that  section  three  of
    16  this  act  shall take effect on April 1, 2021, and provided further that
    17  this act shall not pre-exempt any existing contracts, nor apply  to  any
    18  appropriations  of  public funds made prior to the day on which this act
    19  shall have become a law, or to re-appropriations  of  such  funds  first
    20  appropriated prior to the day on which this act shall have become a law.
    21  Effective immediately, the addition, amendment and/or repeal of any rule
    22  or regulation necessary for the implementation of this act on its effec-
    23  tive  date  are  authorized  to  be made and completed on or before such
    24  effective date.
 
    25                                  PART GGG
 
    26                            Intentionally Omitted
 
    27                                  PART HHH
 
    28                            Intentionally Omitted
 
    29                                  PART III
 
    30    Section 1. Subdivision 3 of section 16-o of section 1 of  chapter  174
    31  of  the  laws  of 1968 constituting the New York state urban development
    32  corporation act, as added by chapter 186 of the laws of 2007, is amended
    33  to read as follows:
    34    3. Establishment and purposes. The corporation shall establish a  fund
    35  to  be  known as the "community development financial institutions fund"
    36  and shall pay into such fund any monies made  available  to  the  corpo-
    37  ration  for such fund from any source. The monies held in or credited to
    38  the fund shall be expended solely for the purposes  set  forth  in  this
    39  section.  The  corporation  shall not [commingle] transfer the monies of
    40  such fund [with] to any other fund or monies of the corporation  or  any
    41  monies  held in trust by the corporation. The corporation is authorized,
    42  [within] subject to available [appropriations] funding,  including,  but
    43  not limited to, available appropriations, to provide financial and tech-
    44  nical  assistance  to  community development financial institutions that
    45  make loans and provide development services to specific investment areas
    46  or targeted populations.
    47    § 2. This act shall take effect immediately.
 
    48                                  PART JJJ

        S. 7508--B                         103                        A. 9508--B
 
     1    Section 1. This act shall be known as the "accelerated renewable ener-
     2  gy growth and community benefit act".
     3    §  2.  Legislative  findings and statement of purpose. The legislature
     4  hereby finds, determines and declares:
     5    1. Chapter 106 of the laws of 2019 enacted the New York state  climate
     6  leadership  and  community protection act (the "CLCPA") that among other
     7  things:
     8    (a) directed the department of environmental conservation to establish
     9  a statewide greenhouse gas emissions limit as a percentage of 1990 emis-
    10  sions as follows: (i) 2030: 60% of 1990 emissions; and (ii) 2050: 15% of
    11  1990 emissions;
    12    (b) directed the public service commission ("commission") to establish
    13  programs to require that a minimum of 70% statewide electric  generation
    14  be  produced  by  renewable energy systems by 2030, and that by the year
    15  2040 the statewide electrical demand system  will  generate  zero  emis-
    16  sions; and
    17    (c)  directed the commission to require the procurement by the state's
    18  jurisdictional load serving entities of at least 9 gigawatts of offshore
    19  wind electricity generation by 2035 and six  gigawatts  of  photovoltaic
    20  solar  generation  by  2025, and to support three gigawatts of statewide
    21  energy storage capacity by 2030 (collectively, the "CLCPA targets").
    22    2. In order to achieve the CLCPA targets, the state shall take  appro-
    23  priate action to ensure that:
    24    (a)  new renewable energy generation projects can be sited in a timely
    25  and cost-effective manner that  includes  consideration  of  local  laws
    26  concerning  zoning,  the  environment  or  public  health and safety and
    27  avoids or minimizes, to the maximum extent practicable, adverse environ-
    28  mental impacts; and
    29    (b) renewable energy can be efficiently and cost effectively  injected
    30  into  the  state's  distribution and transmission system for delivery to
    31  regions of the state where it is needed. In particular, the state  shall
    32  provide  for timely and cost effective construction of new, expanded and
    33  upgraded distribution and transmission infrastructure as may  be  needed
    34  to  access  and  deliver  renewable  energy resources, which may include
    35  alternating current transmission facilities, high voltage direct current
    36  transmission  infrastructure  facilities,  and  submarine   transmission
    37  facilities   needed   to  interconnect  off-shore  renewable  generation
    38  resources to the state's transmission system.
    39    3. A public policy purpose would be served and the  interests  of  the
    40  people  of  the  state would be advanced by directing the public service
    41  commission to make a comprehensive study of the state's  power  grid  to
    42  identify  distribution  and transmission infrastructure needed to enable
    43  the state to meet the CLCPA targets, and based on  such  study,  develop
    44  definitive  plans  that: (a) provide for the timely development of local
    45  transmission and distribution system upgrades by the  state's  regulated
    46  utilities  and the Long Island power authority; (b) identify bulk trans-
    47  mission investments that should be undertaken, including  projects  that
    48  should  be  undertaken  immediately and on an expedited basis in cooper-
    49  ation with the power authority of the state of New York; and (c)  other-
    50  wise advance the policies of this act.
    51    4.  A  public  policy purpose would be served and the interests of the
    52  people of the state would be advanced by:
    53    (a) expediting the regulatory review for the siting of major renewable
    54  energy facilities and transmission infrastructure necessary to meet  the
    55  CLCPA  targets, in recognition of the importance of these facilities and
    56  their ability to lower carbon emissions;

        S. 7508--B                         104                        A. 9508--B
 
     1    (b) making available  to  developers  of  clean  generation  resources
     2  build-ready  sites  for the construction and operation of such renewable
     3  energy facilities;
     4    (c) developing uniform permit standards and conditions that are appli-
     5  cable  to  classes  and  categories of renewable energy facilities, that
     6  reflect the environmental benefits of such facilities and address common
     7  conditions necessary to minimize impacts to  the  surrounding  community
     8  and environment;
     9    (d)  providing  for  workforce  training,  especially in disadvantaged
    10  communities;
    11    (e) implementing one or more programs to provide benefits to owners of
    12  land and communities where renewable energy facilities and  transmission
    13  infrastructure would be sited;
    14    (f)  incentivizing  the re-use or adaptation of sites with existing or
    15  abandoned commercial or industrial uses, such as brownfields, landfills,
    16  dormant electric generating sites and former  commercial  or  industrial
    17  sites,  for  the development of major renewable energy facilities and to
    18  restore and protect the value of  taxable  land  and  leverage  existing
    19  resources; and
    20    (g)  implementing  the state's policy to protect, conserve and recover
    21  endangered and threatened species while  establishing  additional  mech-
    22  anisms  to  facilitate  the achievement of a net conservation benefit to
    23  endangered  or  threatened  species  which  may  be  impacted   by   the
    24  construction or operation of major renewable energy facilities.
    25    §  3.  Paragraphs  (c)  and (d) of subdivision 4 of section 162 of the
    26  public service law, as added by chapter 388 of the  laws  of  2011,  are
    27  amended and a new subdivision (e) is added to read as follows:
    28    (c)  To  a major electric generating facility (i) constructed on lands
    29  dedicated to industrial uses, (ii) the output of  which  shall  be  used
    30  solely  for industrial purposes, on the premises, and (iii) the generat-
    31  ing capacity of which does not exceed two  hundred  thousand  kilowatts;
    32  [or]
    33    (d)  To  a  major  electric  generating  facility if, on or before the
    34  effective date of the rules and regulations promulgated pursuant to this
    35  article and section 19-0312 of the environmental  conservation  law,  an
    36  application has been made for a license, permit, certificate, consent or
    37  approval  from  any federal, state or local commission, agency, board or
    38  regulatory body, in which application the location of the major electric
    39  generating facility has been designated by  the  applicant;  or  if  the
    40  facility is under construction at such time[.]; or
    41    (e)  To  a  major renewable energy facility as such term is defined in
    42  section ninety-four-c of the executive law; provided, however, that  any
    43  person  intending  to  construct a major renewable energy facility, that
    44  has a draft pre-application public involvement program plan pursuant  to
    45  section  one  hundred  sixty-three  of  this article and the regulations
    46  implementing this article, which is pending with the siting board as  of
    47  the  effective  date  of  this  paragraph  may  remain  subject  to  the
    48  provisions of this article or, may, by written notice to  the  secretary
    49  of  the commission, elect to become subject to the provisions of section
    50  ninety-four-c of the executive law.
    51    § 4. The executive law is amended by adding a new section 94-c to read
    52  as follows:
    53    § 94-c. Major renewable energy development program. 1.  Purpose. It is
    54  the purpose of this section to consolidate the environmental review  and
    55  permitting  of  major  renewable  energy facilities in this state and to
    56  provide a single forum in which the office of  renewable  energy  siting

        S. 7508--B                         105                        A. 9508--B
 
     1  created by this section may undertake a coordinated and timely review of
     2  proposed major renewable energy facilities to meet the state's renewable
     3  energy  goals  while  ensuring  the  protection  of  the environment and
     4  consideration  of  all  pertinent  social,  economic  and  environmental
     5  factors in the decision to permit such facilities as  more  specifically
     6  provided in this section.
     7    2.  Definitions. (a) "Executive director" or "director" shall mean the
     8  executive director of the office of renewable energy siting.
     9    (b) "CLCPA targets" shall mean the public policies established in  the
    10  climate  leadership  and community protection act enacted in chapter one
    11  hundred six of the laws of two thousand nineteen, including the require-
    12  ment that a minimum of seventy percent of the statewide electric  gener-
    13  ation  be  produced  by renewable energy systems by two thousand thirty,
    14  that by the year two thousand  forty  the  statewide  electrical  demand
    15  system will generate zero emissions and the procurement of at least nine
    16  gigawatts  of offshore wind electricity generation by two thousand thir-
    17  ty-five, six gigawatts of photovoltaic solar generation by two  thousand
    18  twenty-five  and  to support three gigawatts of statewide energy storage
    19  capacity by two thousand thirty.
    20    (c) "Local agency account" or "account" shall mean the account  estab-
    21  lished by the office pursuant to subdivision seven of this section.
    22    (d) "Local agency" means any local agency, board, district, commission
    23  or  governing  body,  including  any  city,  county, and other political
    24  subdivision of the state.
    25    (e) "Municipality" shall mean a county, city, town, or village.
    26    (f) "Office" shall mean the office of renewable energy  siting  estab-
    27  lished pursuant to this section.
    28    (g) "Department" shall mean the department of state.
    29    (h)  "Major  renewable  energy  facility"  means  any renewable energy
    30  system, as such term is defined in section  sixty-six-p  of  the  public
    31  service law as added by chapter one hundred six of the laws of two thou-
    32  sand nineteen, with a nameplate generating capacity of twenty-five thou-
    33  sand  kilowatts or more, and any co-located system storing energy gener-
    34  ated from such a renewable energy system prior to delivering it  to  the
    35  bulk  transmission  system,  including  all  associated appurtenances to
    36  electric plants as defined under section two of the public service  law,
    37  including electric transmission facilities less than ten miles in length
    38  in order to provide access to load and to integrate such facilities into
    39  the state's bulk electric transmission system.
    40    (i)  "Siting  permit"  shall  mean the major renewable energy facility
    41  siting permit established pursuant to this section  and  the  rules  and
    42  regulations promulgated by the office.
    43    (j)  "Dormant electric generating site" shall mean a site at which one
    44  or more electric generating  facilities  produced  electricity  but  has
    45  permanently ceased operating.
    46    3.  Office  of renewable energy siting; responsibilities. (a) There is
    47  hereby established within the department an office of  renewable  energy
    48  siting  which  is  charged  with  accepting applications and evaluating,
    49  issuing, amending, approving the assignment and/or  transfer  of  siting
    50  permits.  The  office  shall  exercise  its authority by and through the
    51  executive director.
    52    (b) The office shall within one year of the  effective  date  of  this
    53  section  establish  a  set  of  uniform standards and conditions for the
    54  siting, design, construction and operation of each type of major renewa-
    55  ble energy facility relevant to issues that are  common  for  particular
    56  classes  and categories of major renewable energy facilities, in consul-

        S. 7508--B                         106                        A. 9508--B
 
     1  tation with the New York state energy research and development  authori-
     2  ty,  the  department  of  environmental  conservation, the department of
     3  public service, the department of agriculture  and  markets,  and  other
     4  relevant  state  agencies and authorities with subject matter expertise.
     5  Prior to adoption of uniform standards and conditions, the office  shall
     6  hold  four  public hearings in different regions of the state to solicit
     7  comment from municipal, or political subdivisions,  and  the  public  on
     8  proposed uniform standards and conditions to avoid, minimize or mitigate
     9  potential   adverse  environmental  impacts  from  the  siting,  design,
    10  construction and operation of a major renewable energy facility.
    11    (c) The uniform standards and conditions established pursuant to  this
    12  section  shall  be  designed to avoid or minimize, to the maximum extent
    13  practicable, any potential  significant  adverse  environmental  impacts
    14  related  to  the  siting,  design, construction and operation of a major
    15  renewable energy facility.  Such uniform standards and conditions  shall
    16  apply to those environmental impacts the office determines are common to
    17  each type of major renewable energy facility.
    18    (d)  In  its  review of an application for a permit to develop a major
    19  renewable energy facility, the office, in consultation with the  depart-
    20  ment  of  environmental conservation, shall identify those site-specific
    21  environmental impacts, if any, that may be caused or contributed to by a
    22  specific proposed major renewable energy facility and are unable  to  be
    23  addressed  by  the  uniform  standards  and conditions. The office shall
    24  draft in consultation with the department of environmental  conservation
    25  site  specific  permit  terms and conditions for such impacts, including
    26  provisions for the avoidance or mitigation thereof, taking into  account
    27  the  CLCPA  targets and the environmental benefits of the proposed major
    28  renewable energy facility, provided,  however,  that  the  office  shall
    29  require  that  the  application  of uniform standards and conditions and
    30  site-specific conditions shall achieve a net conservation benefit to any
    31  impacted endangered and threatened species.
    32    (e) To the  extent  that  environmental  impacts  are  not  completely
    33  addressed  by  uniform standards and conditions and site-specific permit
    34  conditions proposed by the office, and the office determines that  miti-
    35  gation  of  such  impacts  may  be  achieved by off-site mitigation, the
    36  office may require payment of a fee by the  applicant  to  achieve  such
    37  off-site mitigation.  If the office determines, in consultation with the
    38  department  of environmental conservation, that mitigation of impacts to
    39  endangered or threatened species that achieves a net conservation  bene-
    40  fit  can  be  achieved by off-site mitigation, the amount to be paid for
    41  such off-site mitigation shall be set forth in the final siting  permit.
    42  The  office  may  require  payment of funds sufficient to implement such
    43  off-site mitigation into the endangered  and  threatened  species  miti-
    44  gation  fund established pursuant to section ninety-nine-hh of the state
    45  finance law.
    46    (f) The office, by  and  through  the  executive  director,  shall  be
    47  authorized to conduct hearings and dispute resolution proceedings, issue
    48  permits,  and  adopt  such  rules,  regulations and procedures as may be
    49  necessary, convenient, or desirable to effectuate the purposes  of  this
    50  section.
    51    (g)  The  office  shall  within one year of the effective date of this
    52  section promulgate rules and regulations with respect to  all  necessary
    53  requirements  to implement the siting permit program established in this
    54  section and promulgate modifications to such rules and regulations as it
    55  deems necessary; provided that the office shall  promulgate  regulations
    56  requiring  the  service  of  applications on affected municipalities and

        S. 7508--B                         107                        A. 9508--B
 
     1  political subdivisions simultaneously with submission of the application
     2  to the office.
     3    (h) At the request of the office, all other state agencies and author-
     4  ities  are  hereby  authorized to provide support and render services to
     5  the office within their respective functions.
     6    (i) Notwithstanding any other provision of law, rule, or regulation to
     7  the contrary and consistent with appropriations therefor,  employees  of
     8  any  state  agency  who are necessary to the functions of the office and
     9  who may be substantially engaged in the  performance  of  its  functions
    10  shall  be transferred to the office in accordance with the provisions of
    11  section seventy-eight of the civil service  law.  Employees  transferred
    12  pursuant  to  this section shall be transferred without further examina-
    13  tion or qualification and shall retain their  respective  civil  service
    14  classifications.   Nothing  set  forth  in  this  subdivision  shall  be
    15  construed to impede, infringe, or diminish the rights and benefits  that
    16  accrue  to employees through collective bargaining agreements, impact or
    17  change an employee's membership  in  a  bargaining  unit,  or  otherwise
    18  diminish the integrity of the collective bargaining relationship.
    19    4. Applicability. (a) On and after the effective date of this section,
    20  no  person  shall  commence  the preparation of a site for, or begin the
    21  construction of, a major renewable energy  facility  in  the  state,  or
    22  increase  the  capacity  of an existing major renewable energy facility,
    23  without having first obtained a siting permit pursuant to this  section.
    24  Any  such major renewable energy facility with respect to which a siting
    25  permit is issued shall not thereafter be built, maintained, or  operated
    26  except in conformity with such siting permit and any terms, limitations,
    27  or  conditions contained therein, provided that nothing in this subdivi-
    28  sion shall exempt such major renewable energy facility  from  compliance
    29  with federal laws and regulations.
    30    (b)  A  siting  permit  issued  by  the  office  may be transferred or
    31  assigned, subject to the prior written approval  of  the  office,  to  a
    32  person  that agrees to comply with the terms, limitations and conditions
    33  contained in such siting permit.
    34    (c) The office or a permittee may initiate an amendment  to  a  siting
    35  permit  under  this  section.  An  amendment  initiated by the office or
    36  permittee that is likely to result in any material increase in any envi-
    37  ronmental impact or involves a substantial change to the terms or condi-
    38  tions of a siting permit shall comply with the public notice and hearing
    39  requirements of this section.
    40    (d) Any hearings or dispute  resolution  proceedings  initiated  under
    41  this section or pursuant to rules or regulations promulgated pursuant to
    42  this section may be conducted by the executive director or any person to
    43  whom  the  executive  director shall delegate the power and authority to
    44  conduct such hearings or proceedings in the name of the  office  at  any
    45  time and place.
    46    (e) This section shall not apply:
    47    (i) to a major renewable energy facility, or any portion thereof, over
    48  which  any  agency or department of the federal government has exclusive
    49  siting jurisdiction, or has siting jurisdiction concurrent with that  of
    50  the  state and has exercised such jurisdiction to the exclusion of regu-
    51  lation of the facility by the state; provided, however,  nothing  herein
    52  shall be construed to expand federal jurisdiction;
    53    (ii)   to  normal  repairs,  maintenance,  replacements,  non-material
    54  modifications and improvements of a  major  renewable  energy  facility,
    55  whenever  built,  which are performed in the ordinary course of business

        S. 7508--B                         108                        A. 9508--B
 
     1  and which do not constitute  a  violation  of  any  applicable  existing
     2  permit;
     3    (iii) to a major renewable energy facility if, on or before the effec-
     4  tive date of this section, an application has been made or granted for a
     5  license,  permit,  certificate,  consent  or  approval from any federal,
     6  state or local commission, agency, board or regulatory  body,  including
     7  the  submission  of  a  pre-application  public involvement program plan
     8  under article ten of the public service law and its  implementing  regu-
     9  lations, in which application the location of the major renewable energy
    10  facility  has  been designated by the applicant, except in the case of a
    11  person who elects to be subject to this section as authorized  by  para-
    12  graph  e  of  subdivision  four  of section one hundred sixty-two of the
    13  public service law.
    14    (f) Any person intending to construct a major renewable energy facili-
    15  ty excluded from this section pursuant to paragraph  (ii)  or  (iii)  of
    16  paragraph  (e)  of  this  subdivision may elect to become subject to the
    17  provisions of this section by filing an application for a siting permit.
    18  This section shall thereafter  apply  to  each  major  renewable  energy
    19  facility  identified  in such notice from the date of its receipt by the
    20  office. With respect to such  major  renewable  energy  facilities,  the
    21  rules  and  regulations  promulgated  pursuant to this section shall set
    22  forth an expedited permitting process to account for matters and  issues
    23  already  presented  and  resolved  in  relevant  alternative  permitting
    24  proceedings.
    25    (i) With respect to a major renewable energy  facility  for  which  an
    26  application  was  previously  reviewed  pursuant  to  article ten of the
    27  public service law, and  for  which  a  completeness  determination  had
    28  already  been  issued  at  the time an application was filed pursuant to
    29  this section, such application shall be considered complete pursuant  to
    30  this section upon filing.
    31    (ii)  With  respect  to a major renewable energy facility for which an
    32  application was previously reviewed  pursuant  to  article  ten  of  the
    33  public  service  law, and for which a completeness determination had not
    34  been issued at the time the  application  was  filed  pursuant  to  this
    35  section, the sixty-day time period provided in paragraph (b) of subdivi-
    36  sion five of this section shall commence upon filing.
    37    (g)  Any  person intending to construct a facility that is a renewable
    38  energy system, as such term is defined in  section  sixty-six-p  of  the
    39  public  service  law  as added by chapter one hundred six of the laws of
    40  two thousand nineteen, with a nameplate  capacity  of  at  least  twenty
    41  thousand  but  less  than  twenty-five  thousand kilowatts, may apply to
    42  become subject to the provisions of this section by filing  an  applica-
    43  tion  for  a  siting  permit.  Upon  submission of such application, the
    44  subject renewable energy facility shall be treated as a "major renewable
    45  energy facility" exclusively  for  purposes  of  permitting  under  this
    46  section.
    47    5.  Application,  municipal  notice  and  review. (a) Until the office
    48  establishes uniform standards and  conditions  required  by  subdivision
    49  three of this section and promulgates regulations specifying the content
    50  of  an  application  for  a  siting  permit, an application for a siting
    51  permit submitted to the office shall conform substantially to  the  form
    52  and content of an application required by section one hundred sixty-four
    53  of the public service law.
    54    (b)  Notwithstanding any law to the contrary, the office shall, within
    55  sixty days of its receipt of an application for a siting  permit  deter-
    56  mine whether the application is complete and notify the applicant of its

        S. 7508--B                         109                        A. 9508--B

     1  determination. If the office does not deem the application complete, the
     2  office shall set forth in writing delivered to the applicant the reasons
     3  why  it  has  determined the application to be incomplete. If the office
     4  fails  to make a determination within the foregoing sixty-day time peri-
     5  od, the application shall be deemed complete;  provided,  however,  that
     6  the  applicant  may consent to an extension of the sixty-day time period
     7  for determining application completeness.  Provided,  further,  that  no
     8  application may be complete without proof of consultation with the muni-
     9  cipality  or  political  subdivision where the project is proposed to be
    10  located, or an agency thereof, prior to submission of an application  to
    11  the  office, related to procedural and substantive requirements of local
    12  law.
    13    (c) (i) No later than sixty days following  the  date  upon  which  an
    14  application  has  been  deemed complete, and following consultation with
    15  any relevant state agency or authority, the  office  shall  publish  for
    16  public  comment  draft  permit  conditions prepared by the office, which
    17  comment period shall be for a minimum of sixty days from  public  notice
    18  thereof.  Such public notice shall include, at a minimum, written notice
    19  to  the municipality or political subdivision in which the major renewa-
    20  ble energy facility is proposed to be located; publication in a  newspa-
    21  per  or  in  electronic form, having general circulation in such munici-
    22  pality or political subdivision; and posted on the office's website.
    23    (ii) For any municipality, political subdivision or an agency  thereof
    24  that  has  received  notice of the filing of an application, pursuant to
    25  regulations promulgated in accordance with  this  section,  the  munici-
    26  pality or political subdivision or agency thereof shall within the time-
    27  frames  established by this subdivision submit a statement to the office
    28  indicating whether the  proposed  facility  is  designed  to  be  sited,
    29  constructed  and  operated  in compliance with applicable local laws and
    30  regulations, if any, concerning the environment, or  public  health  and
    31  safety.    In the event that a municipality, political subdivision or an
    32  agency thereof submits a statement  to  the  office  that  the  proposed
    33  facility is not designed to be sited, constructed or operated in compli-
    34  ance  with  local  laws and regulations and the office determines not to
    35  hold an adjudicatory hearing on the application,  the  department  shall
    36  hold  non-adjudicatory  public  hearing  in the affected municipality or
    37  political subdivision.
    38    (d) If public comment on a draft permit  condition  published  by  the
    39  office  pursuant  to  this subdivision, including comments provided by a
    40  municipality or political subdivision or agency thereof, or  members  of
    41  the  public  raises  a  substantive and significant issue, as defined in
    42  regulations adopted pursuant to  this  section,  that  requires  adjudi-
    43  cation, the office shall promptly fix a date for an adjudicatory hearing
    44  to hear arguments and consider evidence with respect thereto.
    45    (e) Following the expiration of the public comment period set forth in
    46  this  subdivision,  or  following the conclusion of a hearing undertaken
    47  pursuant to this subdivision, the office shall, in the case of a  public
    48  comment period, issue a written summary of public comment and an assess-
    49  ment  of  comments received, and in the case of an adjudicatory hearing,
    50  the executive officer or any person to whom the executive  director  has
    51  delegated such authority, shall issue a final written hearing report.  A
    52  final  siting  permit  may  only be issued if the office makes a finding
    53  that the proposed project, together  with  any  applicable  uniform  and
    54  site-specific standards and conditions would comply with applicable laws
    55  and  regulations. In making this determination, the office may elect not
    56  to apply, in whole or in part, any local law or  ordinance  which  would

        S. 7508--B                         110                        A. 9508--B
 
     1  otherwise  be  applicable  if it makes a finding that, as applied to the
     2  proposed major renewable energy facility, it is unreasonably  burdensome
     3  in  view  of  the  CLCPA  targets  and the environmental benefits of the
     4  proposed major renewable energy facility.
     5    (f)  Notwithstanding  any  other  deadline  made  applicable  by  this
     6  section, the office shall make a final decision on a siting  permit  for
     7  any  major  renewable  energy  project within one year from the date the
     8  application was deemed complete, or within six months from the date  the
     9  application  was  deemed complete if the major renewable energy facility
    10  is proposed to be sited on an  existing  or  abandoned  commercial  use,
    11  including  without limitation, brownfields, landfills, former commercial
    12  or industrial sites, dormant electric generating sites, and abandoned or
    13  otherwise underutilized sites, as further  defined  by  the  regulations
    14  promulgated  by  this  section. Unless the office and the applicant have
    15  agreed to an extension, with such extension limited to thirty days,  and
    16  if a final siting permit decision has not been made by the office within
    17  such  time  period, then such siting permit shall be deemed to have been
    18  automatically granted for all purposes set forth in this section and all
    19  uniform conditions or site specific permit conditions issued for  public
    20  comment  shall  constitute  enforceable provisions of the siting permit.
    21  The final siting permit shall include a provision requiring the  permit-
    22  tee  to  provide a host community benefit, which may be a host community
    23  benefit as determined by  the  public  service  commission  pursuant  to
    24  section  eight  of  the  chapter of the laws of two thousand twenty that
    25  added this section or such other project as determined by the office  or
    26  as subsequently agreed to between the applicant and the host community.
    27    (g)  Any  party  aggrieved by the issuance or denial of a permit under
    28  this section may seek judicial review of such decision  as  provided  in
    29  this paragraph. (i) A judicial proceeding shall be brought in the appel-
    30  late division of the supreme court of the state of New York in the judi-
    31  cial  department  embracing  the  county  wherein  the facility is to be
    32  located or, if the application is denied, the county wherein the  appli-
    33  cant  has  proposed  to  locate  the  facility. Such proceeding shall be
    34  initiated by the filing of a petition in such court within  ninety  days
    35  after the issuance of a final decision by the office together with proof
    36  of service of a demand on the office to file with said court a copy of a
    37  written  transcript  of  the  record of the proceeding and a copy of the
    38  office's decision and opinion. The office's  copy  of  said  transcript,
    39  decision  and opinion, shall be available at all reasonable times to all
    40  parties for examination without cost. Upon receipt of such petition  and
    41  demand  the  office  shall  forthwith deliver to the court a copy of the
    42  record and a copy of the office's decision and opinion.  Thereupon,  the
    43  court shall have jurisdiction of the proceeding and shall have the power
    44  to  grant such relief as it deems just and proper, and to make and enter
    45  an order enforcing, modifying and enforcing as  so  modified,  remanding
    46  for  further  specific evidence or findings or setting aside in whole or
    47  in part such decision. The appeal shall be heard on the record,  without
    48  requirement of reproduction, and upon briefs to the court.  The findings
    49  of fact on which such decision is based shall be conclusive if supported
    50  by  substantial evidence on the record considered as a whole and matters
    51  of judicial notice set forth in the opinion.  The  jurisdiction  of  the
    52  appellate division of the supreme court shall be exclusive and its judg-
    53  ment and order shall be final, subject to review by the court of appeals
    54  in  the  same  manner  and form and with the same effect as provided for
    55  appeals in a special proceeding. All such proceedings shall be heard and
    56  determined by the appellate division of the supreme  court  and  by  the

        S. 7508--B                         111                        A. 9508--B
 
     1  court of appeals as expeditiously as possible and with lawful precedence
     2  over all other matters.
     3    (ii) The grounds for and scope of review of the court shall be limited
     4  to whether the decision and opinion of the office are:
     5    (A)  In  conformity with the constitution, laws and regulations of the
     6  state and the United States;
     7    (B) Supported by substantial evidence in the  record  and  matters  of
     8  judicial notice properly considered and applied in the opinion;
     9    (C) Within the office's statutory jurisdiction or authority;
    10    (D)  Made  in  accordance with procedures set forth in this section or
    11  established by rule or regulation pursuant to this section;
    12    (E) Arbitrary, capricious or an abuse of discretion; or
    13    (F) Made pursuant to a process that afforded meaningful involvement of
    14  citizens affected by  the  facility  regardless  of  age,  race,  color,
    15  national origin and income.
    16    (iii)  Except  as  herein  provided article seventy-eight of the civil
    17  practice law and rules shall apply to appeals taken hereunder.
    18    6. Powers of municipalities and state agencies and authorities;  scope
    19  of  section.  (a)  Notwithstanding any other provision of law, including
    20  without limitation article eight of the environmental  conservation  law
    21  and  article  seven  of  the  public service law, no other state agency,
    22  department or authority, or any municipality or political subdivision or
    23  any agency thereof  may,  except  as  expressly  authorized  under  this
    24  section  or  the  rules  and regulations promulgated under this section,
    25  require any approval, consent, permit, certificate, contract, agreement,
    26  or other condition for the development, design, construction, operation,
    27  or decommissioning of a major renewable energy facility with respect  to
    28  which an application for a siting permit has been filed, provided in the
    29  case of a municipality, political subdivision or an agency thereof, such
    30  entity  has  received  notice of the filing of the application therefor.
    31  Notwithstanding the foregoing, the department of environmental conserva-
    32  tion shall be the permitting  agency  for  permits  issued  pursuant  to
    33  federally delegated or federally approved programs.
    34    (b)  This  section  shall not impair or abrogate any federal, state or
    35  local  labor  laws  or  any  otherwise  applicable  state  law  for  the
    36  protection  of  employees engaged in the construction and operation of a
    37  major renewable energy facility.
    38    (c)  The department of public service or the public service commission
    39  shall monitor, enforce and administer  compliance  with  any  terms  and
    40  conditions  set forth in a permit issued pursuant to this section and in
    41  doing so may use and rely on authority  otherwise  available  under  the
    42  public service law.
    43    7.  Fees;  local  agency  account.  (a)  Each application for a siting
    44  permit shall be accompanied by a fee in an amount equal to one  thousand
    45  dollars  for  each  thousand kilowatts of capacity of the proposed major
    46  renewable energy facility, to be deposited in an account to be known  as
    47  the  local  agency account established for the benefit of local agencies
    48  and community intervenors by the New  York  state  energy  research  and
    49  development  authority  and  maintained  in  a segregated account in the
    50  custody of the commissioner of taxation  and  finance.  The  office  may
    51  update  the  fee  periodically  solely  to  account  for  inflation. The
    52  proceeds of such account shall be disbursed by the office, in accordance
    53  with eligibility and procedures established by the rules and regulations
    54  promulgated by the office pursuant to  this  section,  for  the  partic-
    55  ipation  of  local  agencies and community intervenors in public comment
    56  periods or hearing procedures established by this section, including the

        S. 7508--B                         112                        A. 9508--B
 
     1  rules and regulations promulgated hereto; provided  that  fees  must  be
     2  disbursed for municipalities, political subdivisions or an agency there-
     3  of,  to  determine  whether a proposed facility is designed to be sited,
     4  constructed  and  operated  in compliance with the applicable local laws
     5  and regulations.
     6    (b) All funds so held by the New York state energy research and devel-
     7  opment authority shall be subject to an annual independent audit as part
     8  of such authority's audited financial  statements,  and  such  authority
     9  shall  prepare  an annual report summarizing account balances and activ-
    10  ities for each fiscal year ending March thirty-first  and  provide  such
    11  report  to  the  office  no later than ninety days after commencement of
    12  such fiscal year and post on the authority's website.
    13    (c) With respect to a person who has filed an application for a siting
    14  permit pursuant to subdivision four of this section, any amounts held in
    15  an intervenor account established pursuant to articles seven and ten  of
    16  the public service law shall be applied to the intervenor account estab-
    17  lished by this subdivision.
    18    (d)  In  addition to the fees established pursuant to paragraph (a) of
    19  this subdivision, the office, pursuant to regulations  adopted  pursuant
    20  to  this  section,  may  assess  a fee for the purpose of recovering the
    21  costs the office incurs related to reviewing and processing an  applica-
    22  tion submitted under this section.
    23    §  5.  The opening paragraph of section 1854 of the public authorities
    24  law, as amended by chapter 558 of the laws of 1980, is amended  to  read
    25  as follows:
    26    The  purposes  of  the authority shall be to develop and implement new
    27  energy technologies and invest  in  build-ready  sites,  as  defined  in
    28  subdivision  eight  of  section  nineteen  hundred  one of this article,
    29  consistent with economic, social and environmental objectives, to devel-
    30  op and encourage energy conservation technologies, to promote,  develop,
    31  encourage  and  assist  in the acquiring, constructing, improving, main-
    32  taining, equipping and furnishing of  industrial,  manufacturing,  ware-
    33  housing,  commercial,  research and industrial pollution control facili-
    34  ties at the Saratoga Research and Development Center,  and  to  promote,
    35  develop,  encourage  and  assist  special  energy  projects  and thereby
    36  advance job  opportunities,  health,  general  prosperity  and  economic
    37  welfare  of  the  people  of the state of New York. In carrying out such
    38  purposes, the authority shall, with respect to the activities specified,
    39  have the following powers:
    40    § 6. Article 8 of the public authorities law is amended  by  adding  a
    41  new title 9-B to read as follows:
    42                                  Title 9-B
    43          CLEAN ENERGY RESOURCES DEVELOPMENT AND INCENTIVES PROGRAM
    44  Section 1900. Statement of legislative intent.
    45          1901. Definitions.
    46          1902. Powers and duties.
    47          1903. Eligibility.
    48          1904. Funding.
    49          1905. Reporting.
    50    §  1900.  Statement  of  legislative  intent.  It is the intent of the
    51  legislature in enacting this title to empower the New York state  energy
    52  research  and  development authority to establish effective programs and
    53  other mechanisms to: (1) foster and encourage the orderly and  expedient
    54  siting  and  development of renewable energy facilities, particularly at
    55  sites which are difficult to develop, consistent with applicable law for
    56  the purpose of enabling the state to meet CLCPA targets  as  defined  in

        S. 7508--B                         113                        A. 9508--B
 
     1  subdivision  two  of  section  ninety-four-c  of  the executive law; (2)
     2  incentivize the re-use of previously developed sites for renewable ener-
     3  gy facilities to protect the value of taxable land, capitalize on exist-
     4  ing infrastructure; (3) support the provision of benefits to communities
     5  that  host  renewable  energy  facilities; and (4) protect environmental
     6  justice areas from adverse environmental impacts.
     7    § 1901. Definitions. As used in this title, the following terms  shall
     8  have the following meanings:
     9    1.  "Authority"  shall  have the same meaning as in subdivision two of
    10  section eighteen hundred fifty-one of this article.
    11    2. "Commission" shall mean the public service commission.
    12    3. "Departments" shall mean the department of environmental  conserva-
    13  tion,  the  department  of  agriculture  and  markets, the department of
    14  economic development and the department of public service.
    15    4. "Environmental justice area" shall mean a  minority  or  low-income
    16  community  that  may bear a disproportionate share of the negative envi-
    17  ronmental consequences resulting from industrial, municipal, and commer-
    18  cial operations or the execution of federal, state,  local,  and  tribal
    19  programs and policies.
    20    5.  "Host  community" shall mean any municipality within which a major
    21  renewable energy facility, or any portion thereof, has been proposed for
    22  development.
    23    6. "Renewable energy facility" shall have the same meaning as  renewa-
    24  ble  energy systems defined in section sixty-six-p of the public service
    25  law.
    26    7. "Municipality" shall mean a county, city, town or village or  poli-
    27  tical subdivision.
    28    8.  "Build-ready  site"  shall mean a site for which the authority has
    29  secured permits, property interests, agreements  and/or  other  authori-
    30  zations   necessary   to   offer  such  site  for  further  development,
    31  construction and operation of a renewable energy facility in  accordance
    32  with the other provisions of this title.
    33    §  1902.  Powers  and  duties.  The authority is hereby authorized and
    34  directed to undertake such actions it deems necessary or  convenient  to
    35  foster  and  encourage  the  siting and development of build-ready sites
    36  throughout the state in accordance with  this  title,  work  in  collab-
    37  oration  with  the  department  of public service and the New York state
    38  urban development corporation and any  of  their  affiliates,  including
    39  without limitation:
    40    1.  (a) Locate, identify and assess sites within the state that appear
    41  suitable for the development of build-ready sites with a priority  given
    42  to previously developed sites.  Such assessment may include but need not
    43  be limited to the following considerations:
    44    (i)  natural  conditions  at  the site that are favorable to renewable
    45  energy generation;
    46    (ii) current land uses at or near the site;
    47    (iii) environmental conditions at or near the site;
    48    (iv) the availability  and  characteristics  of  any  transmission  or
    49  distribution facilities on or near the site that could be used to facil-
    50  itate the delivery of energy from the site, including existing or poten-
    51  tial constraints on such facilities;
    52    (v)  the potential for the development of energy storage facilities at
    53  or near the site;
    54    (vi) potential impacts of development on environmental justice  commu-
    55  nities; and

        S. 7508--B                         114                        A. 9508--B
 
     1    (vii)  expressions  of  commercial  interest  in  the  site or general
     2  location by developers of major renewable energy facilities.
     3    (b)  In  making  such  assessment the authority shall give priority to
     4  previously developed sites,  existing  or  abandoned  commercial  sites,
     5  including  without  limitation brownfields, landfills, former commercial
     6  or industrial sites, dormant electric  generating  sites,  or  otherwise
     7  underutilized sites;
     8    2.  Notwithstanding  any  provision  of law to the contrary that would
     9  require the authority to locate sites through a competitive procurement,
    10  negotiate and enter into agreements with  persons  who  own  or  control
    11  interests  in favorable sites for the purpose of securing the rights and
    12  interests necessary to enable the  authority  to  establish  build-ready
    13  sites;
    14    3. Establish procedures and protocols for the purpose of establishment
    15  and transfer of build-ready sites which shall include, at a minimum: (a)
    16  written  notice  at  the  earliest practicable time to a municipality in
    17  which a potential build-ready site has  been  identified;    and  (b)  a
    18  preliminary  screening  process  to  determine, in consultation with the
    19  department of environmental conservation, whether the  potential  build-
    20  ready  site  is  located  in  or  near an environmental justice area and
    21  whether an environmental justice area would  be  adversely  affected  by
    22  development of a build-ready site;
    23    4.  Undertake  all work and secure such permits as the authority deems
    24  necessary or convenient to facilitate the process of establishing build-
    25  ready sites and for the transfer of the build-ready sites to  developers
    26  selected  pursuant  to  a  publicly noticed, competitive bidding process
    27  authorized by law;
    28    5. Notwithstanding title five-A  of  article  nine  of  this  chapter,
    29  establish  a build-ready program, including eligibility and other crite-
    30  ria, pursuant to which the authority would, through  a  competitive  and
    31  transparent  bidding  process,  transfer  rights  and other interests in
    32  build-ready sites and development rights to developers for  the  purpose
    33  of  facilitating  the development of renewable energy facilities on such
    34  build-ready sites.   Such  transactions  may  include  the  transfer  of
    35  rights,  interests  and  obligations existing under agreements providing
    36  for host community benefits negotiated  by  the  authority  pursuant  to
    37  programs established pursuant to subdivision six of this section on such
    38  terms and conditions as the authority deems appropriate;
    39    6.  Establish  one  or more programs pursuant to which property owners
    40  and communities would receive incentives to host major renewable  energy
    41  facilities  developed  for  the  purpose of advancing the state policies
    42  embodied in this article.  Such program may include without  limitation,
    43  and  notwithstanding  any  other  provision  of  law  to  the  contrary,
    44  provisions for the authority to negotiate and enter into agreements with
    45  property owners and host communities providing for incentives, including
    46  a payment in lieu of taxes, the transfer of the authority's interests in
    47  such agreements to developers to whom build-ready sites are transferred,
    48  and the provision of information and guidance to stakeholders concerning
    49  incentives.  The authority shall maintain a record of such programs  and
    50  incentives, and shall publish such record on the authority's website;
    51    7.  Procure  the  services of one or more service providers, including
    52  without limitation environmental consultants, engineers  and  attorneys,
    53  to  support  the  authority's  responsibilities  under  this section and
    54  perform such other functions as the authority deems appropriate;
    55    8. In consultation with the department of  economic  development,  the
    56  department  of  labor  and  other  state agencies and authorities having

        S. 7508--B                         115                        A. 9508--B
 
     1  experience with job training programs, assess the need  for  and  avail-
     2  ability  of workforce training in the local area of build-ready sites to
     3  support green jobs development with special attention  to  environmental
     4  justice  communities and, subject to available funding, establish one or
     5  more programs pursuant to which financial support can be made  available
     6  for the local workforce and under-employed populations in the area;
     7    9. Manage, allocate and spend any monies made available to the author-
     8  ity  in  furtherance  of  this  title  as the authority determines to be
     9  appropriate for the proper administration of programs  created  pursuant
    10  to  this title.   The authority shall, in identifying build-ready sites,
    11  consider the ability to recoup funds allocated or spent  in  furtherance
    12  of  the  programs  created  pursuant to this title.   Any proceeds, less
    13  program expenses and administration, so earned by the authority pursuant
    14  to this title shall be reinvested in accordance with a plan approved  by
    15  the commission;
    16    10.  Where the authority determines that it would be beneficial to the
    17  policy embodied in this title, offer financing or  other  incentives  to
    18  eligible  developers  through  a  competitive process, including without
    19  limitation measures  and  activities  undertaken  by  the  authority  in
    20  conjunction with its administration of the state's clean energy standard
    21  or  similar program as established in commission orders, including with-
    22  out limitation orders issued in commission case number 15-E-0302; and
    23    11. Request and receive the assistance  of,  the  departments  or  any
    24  other  state  agency  or  authority,  within  their  respective relevant
    25  subject matter expertise, to support the administration of  the  program
    26  created pursuant to this title.
    27    § 1903. Eligibility. The authority may establish and revise any eligi-
    28  bility  and  evaluation  criteria  it  deems  appropriate for the proper
    29  administration of the programs created pursuant to this title.
    30    § 1904. Funding. 1. The authority may seek funding from any authorized
    31  or other available source to administer this program.
    32    2. Without limiting the foregoing, the authority shall submit a  peti-
    33  tion or other appropriate filing to the commission describing the activ-
    34  ities  it  has taken and plans to undertake in furtherance of the policy
    35  embodied in this title. Such filing may include a request for funding to
    36  allow such activities to proceed promptly and for a period of  at  least
    37  five  years  from the date of the order responding to such petition. The
    38  commission shall, in accordance with and as promptly  as  authorized  by
    39  existing  law  and  regulation  but  in  no  event more than four months
    40  following the submission of the petition, issue an order  responding  to
    41  such  petition subject to any necessary and reasonable limitations based
    42  on the public service law.
    43    § 1905. Reporting.  1. Effective April first, two thousand twenty-one,
    44  the authority shall issue an annual report specifying:
    45    (a)  any proceeds, less program expenses and administration, so earned
    46  by the authority pursuant to this title;
    47    (b)  the sites auctioned for development pursuant to subdivision 5  of
    48  section nineteen hundred two of this title;
    49    (c)  the  identity  of developers to whom rights have been transferred
    50  pursuant to section nineteen hundred two of this title; and,
    51    (d)   the resulting renewable energy production.
    52    2. The authority shall submit such report to the governor, the  tempo-
    53  rary president of the senate, and the speaker of the assembly. A copy of
    54  the report shall also be posted on the authority's website.
    55    §  7.  State power grid study and program to achieve CLCPA targets. 1.
    56  As used in this section:

        S. 7508--B                         116                        A. 9508--B

     1    (a) "CLCPA targets" means  the  public  policies  established  in  the
     2  climate  leadership  and community protection act enacted in chapter 106
     3  of the laws of 2019, including the requirements that a  minimum  of  70%
     4  statewide electric generation be produced by renewable energy systems by
     5  2030,  by  the  year  2040  the  statewide electrical demand system will
     6  generate zero emissions, and the  state's  jurisdictional  load  serving
     7  entities  will procure at least 9 gigawatts of offshore wind electricity
     8  generation by 2035, 6 gigawatts  of  photovoltaic  solar  generation  by
     9  2025,  and  support  3 gigawatts of statewide energy storage capacity by
    10  2030, as such policies may from time to time be amended.
    11    (b) "Commission" means the public service commission.
    12    (c) "Department" means the department of public service.
    13    (d) "Distribution upgrade" means a new  distribution  facility  or  an
    14  improvement,  enhancement,  replacement,  or  other  modification to the
    15  electric power grid at the distribution level  in  a  utility's  service
    16  territory that facilitates achievement of the CLCPA targets.
    17    (e)  "Local  transmission  upgrade"  means a new transmission facility
    18  that is identified within a utility's local transmission  capital  plan,
    19  an  upgrade to a local transmission facility as defined in the tariff of
    20  the state grid operator, or an improvement, enhancement, replacement, or
    21  other modification to a transmission facility  in  a  utility's  service
    22  territory that facilitates achievement of the CLCPA targets.
    23    (f) "Major renewable energy facility" has the same meaning as in para-
    24  graph (g) of subdivision 2 of section 94-c of the executive law.
    25    (g)  "Bulk  transmission investment" means a new transmission facility
    26  or an improvement, enhancement, replacement, or  other  modification  to
    27  the state's bulk electric transmission grid that facilitates achievement
    28  of the CLCPA targets and includes without limitation alternating current
    29  facilities  and high voltage direct current facilities, including subma-
    30  rine transmission facilities.
    31    (h) "State grid operator" means the federally designated electric bulk
    32  system operator for New York state.
    33    (i) "Utility" means an electric transmission or  delivery  utility  or
    34  any  other  person  owning  or  maintaining  an electric transmission or
    35  delivery system, over which the commission has jurisdiction.
    36    2. The department, in consultation with  the  New  York  state  energy
    37  research  and development authority, the power authority of the state of
    38  New York, the Long Island power authority, the state grid operator,  and
    39  the  utilities  shall undertake a comprehensive study for the purpose of
    40  identifying distribution upgrades, local transmission upgrades and  bulk
    41  transmission investments that are necessary or appropriate to facilitate
    42  the  timely  achievement of the CLCPA targets (collectively, "power grid
    43  study").  The  power  grid  study  shall  identify  needed  distribution
    44  upgrades and local transmission upgrades for each utility service terri-
    45  tory and separately address needed bulk transmission system investments.
    46  In  performing  the  study,  the  department may consider such issues it
    47  determines to be appropriate including by way of  example  system  reli-
    48  ability;  safety;  cost-effectiveness  of  upgrades  and  investments in
    49  promoting development of major renewable energy facilities and relieving
    50  or avoiding constraints; and factors considered by the office of renewa-
    51  ble energy siting in  issuing  and  enforcing  renewable  energy  siting
    52  permits  pursuant  to section 94-c of the executive law. In carrying out
    53  the study, the department shall gather input from owners and  developers
    54  of  competitive  transmission  projects,  the  state  grid operator, and
    55  providers of transmission technology and smart  grid  solutions  and  to
    56  utilize  information  available  to  the department from other pertinent

        S. 7508--B                         117                        A. 9508--B
 
     1  studies or research relating to modernization of the state's power grid.
     2  To enable the state to meet the CLCPA targets in an orderly and cost-ef-
     3  fective manner, the department may issue findings and recommendations as
     4  part  of  the power grid study at reasonable intervals but shall make an
     5  initial report of findings and recommendations within 270  days  of  the
     6  effective date of this section.
     7    3.  The  commission  shall, within 60 days of the initial findings and
     8  recommendations required by subdivision two of this section, or at  such
     9  earlier  time as the commission determines to be appropriate, commence a
    10  proceeding to establish a distribution and  local  transmission  capital
    11  plan  for  each  utility in whose service territory the power grid study
    12  identified distribution upgrades and local  transmission  upgrades  that
    13  the  department  determines  are necessary or appropriate to achieve the
    14  CLCPA targets (the "state distribution and  local  transmission  upgrade
    15  programs").  The  state  distribution  and  local  transmission  upgrade
    16  programs shall establish a prioritized schedule  upon  which  each  such
    17  upgrade  shall  be  accomplished.    Concurrently, the Long Island power
    18  authority shall  establish  a  capital  program  to  address  identified
    19  distribution and local transmission upgrades in its service territory.
    20    4.  The  commission  shall, within 60 days of the initial findings and
    21  recommendations required by subdivision two of this section, commence  a
    22  proceeding  to  establish a bulk transmission system investment program,
    23  consistent with the commissions siting authority in  article  7  of  the
    24  public  service  law  that identifies bulk transmission investments that
    25  the commission determines are necessary or appropriate  to  achieve  the
    26  CLCPA  targets  (the  "state  bulk  transmission  investment plan"). The
    27  commission shall establish a prioritized schedule for implementation  of
    28  the  state  bulk  transmission  investment plan and, in particular shall
    29  identify projects which shall be completed  expeditiously  to  meet  the
    30  CLCPA  targets.    The  state bulk transmission investment plan shall be
    31  submitted by the commission to the state grid operator  for  appropriate
    32  incorporation  into  the  state  grid operator's studies and plans.  The
    33  commission shall utilize the state grid operator's public policy  trans-
    34  mission  planning  process to select a project necessary for implementa-
    35  tion of the state bulk transmission investment plan, and shall  identify
    36  such projects no later than eight months following a notice of the state
    37  grid  operator's  public  policy  transmission  planning  process cycle,
    38  except that for those projects for which the commission determines there
    39  is a need to proceed expeditiously to promote the state's public  policy
    40  goals,  such projects shall be designated and proceed in accordance with
    41  subdivision five of this  section.  The  commission  shall  periodically
    42  review  and  update the state bulk transmission investment plan, and its
    43  designation of projects in that plan  which  shall  be  completed  expe-
    44  ditiously.
    45    5. The legislature finds and determines that timely development of the
    46  bulk  transmission investments identified in the state bulk transmission
    47  investment plan is in the public interest of the people of the state  of
    48  New  York.  The  legislature further finds and determines that the power
    49  authority of the state of New York ("power authority") owns and operates
    50  backbone electric transmission assets in  New  York,  has  rights-of-way
    51  that  can  support  in  whole  or  in  part bulk transmission investment
    52  projects, and has the financial stability, access to capital,  technical
    53  expertise  and  experience to effectuate expeditious development of bulk
    54  transmission investments  needed  to  help  the  state  meet  the  CLCPA
    55  targets,  and  thus  it is appropriate for the power authority as deemed
    56  feasible and advisable by its trustees, by itself  or  in  collaboration

        S. 7508--B                         118                        A. 9508--B
 
     1  with  other parties as it determines to be appropriate, to develop those
     2  bulk transmission investments found by the commission to be needed expe-
     3  ditiously to achieve CLCPA targets ("priority  transmission  projects").
     4  The  power  authority  shall, through a public process, solicit interest
     5  from potential co-participants in each project it has agreed to  develop
     6  and  assess  whether any joint development would provide for significant
     7  additional benefits in achieving the CLCPA targets. The power  authority
     8  may  thereafter determine to undertake the development of the project on
     9  its own, or undertake the project jointly with one or more other parties
    10  on such terms and conditions as the power authority finds to  be  appro-
    11  priate  and,  notwithstanding  any other law to the contrary, enter into
    12  such agreements and take such other actions the power  authority  deter-
    13  mines to be necessary in order to undertake and complete timely develop-
    14  ment  of the project.  The intent of this act is for the power authority
    15  to develop priority transmission projects authorized  in  this  subdivi-
    16  sion.   For priority projects that the authority determines to undertake
    17  and that are not substantially within  the  power  authority's  existing
    18  rights  of way, the authority shall, as deemed feasible and advisable by
    19  its board of trustees, select  private  sector  participants  through  a
    20  competitive bidding process, provided however that priority transmission
    21  projects  is  not  intended to include generation lead lines, or repairs
    22  to, replacement of or upgrades to the power authority's own transmission
    23  assets.
    24    6. For the state distribution and local transmission upgrade  program,
    25  the commission shall address implementation of such upgrades pursuant to
    26  the  existing  processes  under  the public service law.  The department
    27  shall also make recommendations to the Long Island power  authority  for
    28  upgrades  for  purposes  of  assisting  the  state  to achieve the CLCPA
    29  targets.
    30    7. No later than January 1, 2023, and every 4  years  thereafter,  the
    31  commission  shall,  after  notice  and  provision for the opportunity to
    32  comment, issue a comprehensive review of the actions taken  pursuant  to
    33  this section and their impacts on grid congestion and achievement of the
    34  CLCPA  targets,  and  shall  institute new proceedings as the commission
    35  determines to be necessary to address any deficiencies identified there-
    36  with.
    37    8. The power authority of the state of New York and the New York state
    38  energy research and  development  authority,  are  each  authorized,  as
    39  deemed  feasible and advisable by their respective boards, to contribute
    40  to the cost of the power grid study required by subdivision two of  this
    41  section.
    42    9. Nothing in this section is intended to:
    43    (a) limit, impair, or affect the legal authority of the power authori-
    44  ty that existed as of the effective date of this section; or
    45    (b) limit the authority of the power authority to undertake any trans-
    46  mission  project,  including  bulk transmission investments, and recover
    47  costs under any other process or procedure authorized by state or feder-
    48  al law as the authority determines to be appropriate.
    49    § 8. Host community benefit. 1. Definitions. As used in this  section,
    50  the following terms shall have the following meanings:
    51    (a)  "Renewable  host  community"  shall  mean any municipality within
    52  which a major renewable energy facility  defined  in  paragraph  (h)  of
    53  subdivision 2 of section 94-c of the executive law, or any portion ther-
    54  eof, has been proposed for development.
    55    (b) "Renewable owner" shall mean the owner of a major renewable energy
    56  facility  constructed  after  the effective date of this section that is

        S. 7508--B                         119                        A. 9508--B

     1  proposed to be located in a host community, for which the New York state
     2  energy research and development authority has executed an agreement  for
     3  the  acquisition  of  environmental attributes related to a solicitation
     4  issued by such authority after the effective date of this section.
     5    (c)  "Utility" means an electric distribution utility regulated pursu-
     6  ant to section 66 of the public service law and serving customers within
     7  a host community.
     8    2. The public service commission shall, within 60 days from the effec-
     9  tive date hereof, commence a proceeding to  establish  a  program  under
    10  which  renewable  owners  would  fund a program to provide a discount or
    11  credit on the utility bills of the utility's customers  in  a  renewable
    12  host  community,  or  a  compensatory  or  environmental benefit to such
    13  customers. Such proceeding shall determine the amount of such  discount,
    14  credit,  compensatory  or  environmental  benefit  based  on all factors
    15  deemed appropriate by the commission,  including  the  expected  average
    16  electrical output of the facility, the average number of customers with-
    17  in the renewable host community, and the expected aggregate annual elec-
    18  tric  consumption  within  such  renewable host community, the potential
    19  impact on environmental justice communities, and the role of  utilities,
    20  if  any,  in  implementing  any  aspect of such program. The Long Island
    21  power authority shall establish a program for  renewable  facilities  in
    22  its service territory to achieve the same objectives.
    23    §  9. Subdivision 3 of section 123 of the public service law, as added
    24  by chapter 252 of the laws of 2002, is amended to read as follows:
    25    3. Unless otherwise stipulated by the  applicant[,  a  final  determi-
    26  nation  regarding  an  application for a certificate to construct trans-
    27  mission facilities for interconnection with  a  wind  energy  production
    28  facility  located  in  the  county of Lewis shall be rendered within six
    29  months from the date of receipt of a compliant application.]:
    30    (a) proceedings on an application for  a  major  utility  transmission
    31  facility  as  defined  in  paragraph a of subdivision two of section one
    32  hundred twenty of this article  shall  be  completed  in  all  respects,
    33  including  a final decision by the commission, within twelve months from
    34  the date of a determination by the secretary of the commission  that  an
    35  application  complies  with section one hundred twenty-two of this arti-
    36  cle; provided, however,  the  commission  may  extend  the  deadline  in
    37  reasonable  circumstances  by  no  more than six months in order to give
    38  consideration to  specific  issues  necessary  to  develop  an  adequate
    39  record,  because  the  applicant  has  been  unable  to obtain necessary
    40  approvals and/or consents related to  highway  crossings  or  for  other
    41  reasons  deemed  in  the  public interest. The commission shall render a
    42  final decision on the application by the aforementioned deadlines unless
    43  such deadlines are waived by the applicant or if the  applicant  notices
    44  the application for settlement, in which case the timeframes established
    45  in this paragraph are tolled until such time that settlement discussions
    46  are  suspended.    If, at any time subsequent to the commencement of the
    47  hearing, there is a substantive and significant amendment to the  appli-
    48  cation,  the  commission shall promptly fix a date for commencement of a
    49  public hearing thereon, such public hearing to commence  no  later  than
    50  sixty days after receipt of such amendment. The commission shall issue a
    51  final  decision thereon no later than six months after the conclusion of
    52  the public hearing, unless such deadline is waived by the applicant.
    53    (b) the commission shall, for the purpose  of  meeting  the  goals  of
    54  chapter one hundred six of the laws of two thousand nineteen, promulgate
    55  rules  or  regulations to establish an expedited process for proceedings
    56  on applications for a major utility transmission facility as defined  in

        S. 7508--B                         120                        A. 9508--B
 
     1  paragraph  a  of  subdivision  two of section one hundred twenty of this
     2  article that (i) would be  constructed  within  existing  rights-of-way,
     3  (ii)  the  commission  determines in consultation with the department of
     4  environmental  conservation  would not result in any significant adverse
     5  environmental impacts considering current uses and  conditions  existing
     6  at  the  site, or (iii) would necessitate expanding the existing rights-
     7  of-way but such expansion is only for the purpose of complying with law,
     8  regulations, or industry practices relating to electromagnetic fields.
     9    (c) for purposes of this subdivision, the following terms  shall  have
    10  the following meanings:
    11    (i) "Expedited process" shall mean a process for proceedings on appli-
    12  cations  for a major electric transmission facility that is completed in
    13  all respects, including a final decision by the commission, within  nine
    14  months  from the date of a determination by the secretary of the commis-
    15  sion that an application complies with section one hundred twenty-two of
    16  this article; provided, however,  that  if  the  applicant  notices  the
    17  application  for settlement, the timeframe established in this paragraph
    18  shall  be  tolled  until  such  time  that  settlement  discussions  are
    19  suspended.
    20    (ii)  "Right-of-way"  shall  mean  (a)  real  property that is used or
    21  authorized to be used for electric utility purposes, or (b) real proper-
    22  ty owned or controlled by or under the  jurisdiction  of  the  state,  a
    23  distribution  utility, or a state public authority including by means of
    24  ownership, lease or easement, that is used or authorized to be used  for
    25  transportation or canal purposes.
    26    §  10.  Paragraphs  (c) and (d) of subdivision 1 of section 126 of the
    27  public service law, paragraph (c) as amended by chapter 406 of the  laws
    28  of 1987 and paragraph (d) as amended by chapter 521 of the laws of 2015,
    29  are amended to read as follows:
    30    (c) that  the facility [represents the minimum] avoids or minimizes to
    31  the extent practicable any  significant  adverse  environmental  impact,
    32  considering the state of available technology and the nature and econom-
    33  ics  of  the  various  alternatives,  and other pertinent considerations
    34  including  but  not  limited  to,  the  effect  on  agricultural  lands,
    35  wetlands, parklands and river corridors traversed;
    36    (d)  that  the  facility [represents a minimum] avoids or minimizes to
    37  the extent practicable any significant adverse impact on active  farming
    38  operations  that  produce  crops,  livestock  and livestock products, as
    39  defined in section three hundred one of the agriculture and markets law,
    40  considering the state of available technology and the nature and econom-
    41  ics of various alternatives, and the ownership and  easement  rights  of
    42  the impacted property;
    43    §  11. Notwithstanding section 2897 of the public authorities law, the
    44  power authority of the state of New York and the New York  state  energy
    45  research  and  development  authority  may each negotiate and enter into
    46  agreements with other parties providing for the conveyance of  interests
    47  in  real  property provided that in the case of any such conveyance such
    48  entity determines that the conveyance will further the purposes of  this
    49  act or provide other benefits to the entity or the state.
    50    §  12.  The  environmental conservation law is amended by adding a new
    51  section 11-0535-c to read as follows:
    52  § 11-0535-c. Endangered and threatened species mitigation bank fund.
    53    1. The department is hereby authorized to utilize funds in the  endan-
    54  gered  and threatened species mitigation bank fund, established pursuant
    55  to section ninety-nine-hh of the state finance law, for the purposes  of

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     1  implementing  an  endangered  and  threatened  species  mitigation  plan
     2  approved by the department.
     3    2.  Such  fund shall consist of contributions, in an amount determined
     4  by the department, deposited by an applicant granted a siting permit  to
     5  construct  a  major  renewable energy facility, where such applicant has
     6  been ordered to mitigate harm to a threatened or endangered  species  or
     7  its habitat.
     8    3. In administering the provisions of this article, the commissioner:
     9    a.  May,  in the name of the state, enter into contracts with not-for-
    10  profit  corporations,  private  or  public  universities,  and   private
    11  contractors  for  services  contemplated  by  this title. Such contracts
    12  shall be subject to approval by the state comptroller and, as  to  form,
    13  by the attorney general.
    14    b.  Shall  approve  vouchers  for  payments  pursuant  to  an approved
    15  contract.  All such payments shall be paid on the audit and  warrant  of
    16  the state comptroller;
    17    c. May, in the name of the state, enter into contracts with a not-for-
    18  profit  corporation  to  administer  grants made pursuant to this title,
    19  including the approval and payment of vouchers for  approved  contracts;
    20  and
    21    d.  May perform such other and further acts as may be necessary, prop-
    22  er, or desirable to carry out the provisions of this article.
    23    4. Nothing in this article shall be construed to limit or restrict any
    24  powers of the commissioner or any other agency  pursuant  to  any  other
    25  provision of law.
    26    5. The commissioner is authorized and directed to promulgate any regu-
    27  lations deemed necessary to implement this section.
    28    §  13.  The state finance law is amended by adding a new section 99-hh
    29  to read as follows:
    30    § 99-hh. Endangered and threatened species mitigation  bank  fund.  1.
    31  There  is hereby established in the joint custody of the comptroller and
    32  the commissioner of taxation and finance a special fund to be  known  as
    33  the "Endangered and threatened species mitigation bank fund".
    34    2.  Such  fund  shall consist of all revenues received pursuant to the
    35  provisions of section 11-0535-c of the  environmental  conservation  law
    36  and all other moneys appropriated, credited, or transferred thereto from
    37  any other fund or source pursuant to law.
    38    3. All moneys deposited in the endangered and threatened species miti-
    39  gation  bank  fund shall be available for projects undertaken to facili-
    40  tate a net conservation benefit to  endangered  and  threatened  species
    41  potentially impacted by a major renewable energy facility.
    42    4.  Monies  shall be payable from the fund on the audit and warrant of
    43  the comptroller on vouchers approved and certified by  the  commissioner
    44  of environmental conservation.
    45    §  14.  Severability.  If  any clause, sentence, paragraph, section or
    46  part of this act shall be adjudged by any court of  competent  jurisdic-
    47  tion to be invalid, such judgment shall not affect, impair or invalidate
    48  the  remainder  thereof,  but  shall be confined in its operation to the
    49  clause, sentence, paragraph, section or part thereof  directly  involved
    50  in the controversy in which such judgment shall have been rendered.
    51    § 15. This act shall take effect immediately and shall expire December
    52  31, 2030 when upon such date this act shall be deemed repealed; provided
    53  that  such  repeal shall not affect or impair any act done, any applica-
    54  tion  filed,  any  right,  permit  or  authorization  awarded,  accrued,
    55  received  or acquired, or any liability incurred, prior to the time such
    56  repeal takes effect, and provided further that any project for which the

        S. 7508--B                         122                        A. 9508--B
 
     1  New York state energy research and development authority  has  expended,
     2  or  committed  to a third party to expend, funds towards the development
     3  of a build-ready site prior to such repeal shall be permitted to contin-
     4  ue  in  accordance with title 9-B of article 8 of the public authorities
     5  law notwithstanding such repeal; provided further that any  bulk  trans-
     6  mission  investments  the  power  authority of the state of New York has
     7  notified the public service commission of its intent to develop individ-
     8  ually or jointly prior to such repeal shall  be  permitted  to  continue
     9  under this act notwithstanding such repeal, and provided further that on
    10  the  effective  date  of this act, the office of renewable energy siting
    11  shall be authorized to promulgate any rules or regulations necessary  to
    12  implement section four of this act.
 
    13                                  PART KKK
 
    14    Section  1.  Subdivision  1 of section 436 of the economic development
    15  law, as added by section 1 of part A of chapter 68 of the laws of  2013,
    16  is amended to read as follows:
    17    1.  A  campus,  university or college that has sponsored a tax-free NY
    18  area (including any strategic state asset affiliated  with  the  campus,
    19  university  or college) shall solicit and accept applications from busi-
    20  nesses to locate in such area that are consistent with the plan of  such
    21  campus,  university  or  college  or strategic state asset that has been
    22  approved pursuant to section four hundred thirty-five of  this  article.
    23  Any  business  that wants to locate in a tax-free NY area must submit an
    24  application to the campus, university or college which is sponsoring the
    25  tax-free NY area by December thirty-first, two thousand  [twenty]  twen-
    26  ty-five.  Prior  to  such date, the commissioner shall prepare an evalu-
    27  ation on the effectiveness of the START-UP NY program and deliver it  to
    28  the  governor and the legislature to determine continued eligibility for
    29  application submissions.
    30    § 2. This act shall take effect immediately.
 
    31                                  PART LLL
 
    32    Section 1. Section 1265 of the public authorities law  is  amended  by
    33  adding a new subdivision 3-a to read as follows:
    34    3-a.  (a)  To  borrow money, to issue negotiable notes, bonds or other
    35  obligations and to provide for the rights of the holders thereof, in the
    36  fiscal years of the authority beginning in two thousand  twenty  through
    37  two  thousand  twenty-two  to offset decreases in revenue, including but
    38  not limited to, lost taxes, fees, charges, fares and tolls, or increases
    39  in operating costs of the authority and its subsidiary corporations, the
    40  New York city transit authority and its subsidiary corporations and  the
    41  Triborough  bridge  and  tunnel authority due in whole or in part to the
    42  state disaster emergency caused  by  the  novel  coronavirus,  COVID-19;
    43  provided, that such notes, bonds or other obligations shall be issued in
    44  accordance  with  the provisions of section twelve hundred sixty-nine of
    45  this title, except that the last sentence  of  subdivision  two  thereof
    46  relating to the approval of the comptroller or the director of the budg-
    47  et,  as  applicable,  for private sales, and subdivision twelve thereof,
    48  and the provisions of section twelve hundred sixty-nine-b of this title,
    49  shall not be applicable with respect to  notes,  bonds  or  other  obli-
    50  gations  issued for such purposes. No sale of such notes, bonds or other
    51  obligations of the authority may be  sold  by  the  authority,  however,
    52  prior  to  the  earlier  of  (i) seven days following the receipt by the

        S. 7508--B                         123                        A. 9508--B
 
     1  state comptroller of notice by the authority of such proposed  sale  and
     2  the  terms  thereof  or  (ii)  the receipt by the authority of the state
     3  comptroller's comments on such proposed  sale  and  the  terms  thereof.
     4  Additionally,  no  sale of such notes, bonds or other obligations of the
     5  authority may be sold by the authority, however, unless  such  sale  and
     6  the  terms  thereof have been approved in writing by the director of the
     7  budget. The proceeds of the sale of such notes,  bonds  or  other  obli-
     8  gations  shall  be  taken  into  consideration as "revenue and any other
     9  funds or property actually available to the authority and its subsidiary
    10  corporations" within the meaning of subdivision three of section  twelve
    11  hundred  sixty-six  of  this  title.  The  aggregate principal amount of
    12  bonds, notes or other obligations issued pursuant  to  this  subdivision
    13  shall not exceed ten billion dollars.
    14    (b)  The  authority  shall  report  on  any  issuances  or obligations
    15  incurred related to paragraph (a) of this subdivision. Such report shall
    16  include, but not be limited to, an explanation of each  note,  bond,  or
    17  obligation  and their respective values issued by the authority pursuant
    18  to decreases in revenue in whole or in part due to  the  state  disaster
    19  emergency  caused by novel coronavirus, COVID-19.  The report shall also
    20  provide: (i) details of such decreases in revenue in whole, (ii) details
    21  of such decreases in revenue in part, (iii) details of such increases in
    22  costs, (iv) the methodology used by the authority or metropolitan trans-
    23  portation authority to calculate such changes, (v)  an  explanation  for
    24  attributing  a  particular  increase in cost or a particular decrease in
    25  revenue, to the state disaster emergency caused by  coronavirus,  COVID-
    26  19,  and  (vi)  how  the  authority determined that the particular note,
    27  bond, or obligation issued was its  most  desired  option.  Such  report
    28  shall  be  posted  on  the  authority's  website and be submitted to the
    29  governor, the temporary president of the  senate,  the  speaker  of  the
    30  assembly,  the  mayor and council of the city of New York, the metropol-
    31  itan transportation authority board, and the metropolitan transportation
    32  authority capital program review board.
    33    § 2. This act shall take effect immediately, provided  that  paragraph
    34  (a)  of subdivision 3-a of section 1265 of the public authorities law as
    35  added by section one of this act shall expire  and  be  deemed  repealed
    36  three  years  after such effective date, provided that such repeal shall
    37  not affect the terms of any notes, bonds, or  other  obligations  issued
    38  prior to such repeal.
 
    39                                  PART MMM
 
    40    Section 1. Subdivisions 2 and 4 of section 553-j of the public author-
    41  ities  law, as added by section 5 of subpart A of part ZZZ of chapter 59
    42  of the laws of 2019, are amended to read as follows:
    43    2. Monies in the fund shall be applied,  subject  to  agreements  with
    44  bondholders  and  applicable  federal  law, to the payment of operating,
    45  administration, and other necessary expenses of the authority, or to the
    46  city of New York subject to the  memorandum  of  understanding  executed
    47  pursuant  to  subdivision two-a of section seventeen hundred four of the
    48  vehicle and traffic law properly allocable to  such  program,  including
    49  the  planning, designing, constructing, installing or maintaining of the
    50  central business district tolling program,  including,  without  limita-
    51  tion,  the central business district tolling infrastructure, the central
    52  business district tolling collection system  and  the  central  business
    53  district tolling customer service center, and the costs of any metropol-
    54  itan  transportation authority capital projects included within the 2020

        S. 7508--B                         124                        A. 9508--B
 
     1  to 2024 MTA capital program or any successor  programs.  Monies  in  the
     2  fund  may  be:  (a) pledged by the authority to secure and be applied to
     3  the payment of the bonds, notes or other obligations of the authority to
     4  finance  the  costs  of  the  central business district tolling program,
     5  including, without limitation, the  central  business  district  tolling
     6  infrastructure,  the central business district tolling collection system
     7  and the central business district tolling customer service  center,  and
     8  the  costs of any metropolitan transportation authority capital projects
     9  included within the 2020 to 2024 MTA capital program  or  any  successor
    10  programs,  including  debt  service,  reserve  requirements, if any, the
    11  payment of amounts required under bond and note facilities or agreements
    12  related thereto, the payment of federal government  loans,  security  or
    13  credit  arrangements or other agreements related thereto; or (b) used by
    14  the authority for the payment of such capital costs of the central busi-
    15  ness district tolling program and the costs of any  metropolitan  trans-
    16  portation  authority  capital  projects included within the 2020 to 2024
    17  MTA capital program or any successor programs; or (c) transferred to the
    18  metropolitan transportation authority and (1) pledged by  the  metropol-
    19  itan transportation authority to secure and be applied to the payment of
    20  the bonds, notes or other obligations of the metropolitan transportation
    21  authority  to  finance  the  costs  of  any  metropolitan transportation
    22  authority capital projects included within the 2020 to 2024 MTA  capital
    23  program  or  any  successor  programs,  including  debt service, reserve
    24  requirements, if any, the payment of amounts  required  under  bond  and
    25  note  facilities  or  agreements related thereto, the payment of federal
    26  government loans, security or credit arrangements  or  other  agreements
    27  related thereto, or (2) used by the metropolitan transportation authori-
    28  ty  for  the  payment  of  the  costs of any metropolitan transportation
    29  authority capital projects included within the 2020 to 2024 MTA  capital
    30  program  or  any  successor  programs, or (3) subject to approval by the
    31  board of the metropolitan transportation authority and the  director  of
    32  the  budget, used by the metropolitan transportation authority in all or
    33  any of the fiscal years of the authority beginning in 2020 through  2021
    34  to  offset  decreases  in  revenue,  including  but not limited to, lost
    35  taxes, fees, charges, fares and tolls, due  in  whole  or  in  part,  or
    36  increases in operating costs due in whole to the state disaster emergen-
    37  cy  caused  by the novel coronavirus, COVID-19. Such revenues shall only
    38  supplement and shall not supplant any federal,  state,  or  local  funds
    39  expended  by the authority or the metropolitan transportation authority,
    40  or such authority's or metropolitan  transportation  authority's  affil-
    41  iates  or  subsidiaries  for  such respective purposes. Central business
    42  district toll revenues may be used as required to  obtain,  utilize,  or
    43  maintain federal authorization to collect tolls on federal aid highways.
    44  Provided further that, in the event the authority or metropolitan trans-
    45  portation  authority receives funds or reimbursements, including without
    46  limitation from the federal government or insurance  maintained  by  the
    47  authority  or  metropolitan transportation authority, due in whole or in
    48  part to the novel coronavirus, COVID-19, any monies from the  fund  used
    49  to  offset  decreases  in revenue or increases in operating costs due in
    50  whole or in part to the state disaster emergency  caused  by  the  novel
    51  coronavirus, COVID-19, shall be repaid after the authority or the metro-
    52  politan  transportation  authority  fully  repays  any public or private
    53  borrowings, draws on any lines of credit, issuances  of  revenue  antic-
    54  ipation  notes,  any  internal loans, and use of corpus of OPEB Trust to
    55  pay current retiree healthcare cost  necessitated  by  COVID-19  revenue
    56  shortfall. Such obligation to repay shall be limited to the availability

        S. 7508--B                         125                        A. 9508--B

     1  of  any excess monies, and any such funds or reimbursements in excess of
     2  the amounts needed to fully repay such amounts shall be  transferred  to
     3  the fund and used for the purposes originally intended for such fund.
     4    4.  The  authority  shall report annually on all receipts and expendi-
     5  tures of the fund. The report shall detail  operating  expenses  of  the
     6  central  business  district  tolling  program  and all fund expenditures
     7  including capital projects.  If, during the period of  the  report,  any
     8  monies in the fund were used by the authority or the metropolitan trans-
     9  portation  authority  to offset decreases in revenue lost in whole or in
    10  part due to the state disaster emergency caused  by  novel  coronavirus,
    11  COVID-19,  or  increases  in  operating  costs in whole due to the novel
    12  coronavirus, COVID-19, the report shall also  provide:  (a)  details  of
    13  such  decreases  in  revenue  in whole, (b) details of such decreases in
    14  revenue in part, (c) details of such increases in costs, (d) the method-
    15  ology used by the authority or metropolitan transportation authority  to
    16  calculate such changes, and (e) explanation for attributing a particular
    17  increase  in  cost  or  a  particular  decrease in revenue, to the state
    18  disaster emergency caused by coronavirus, COVID-19. The report shall  be
    19  readily  available to the public, and shall be posted on the authority's
    20  website and be submitted to the governor, the temporary president of the
    21  senate, the speaker of the assembly, the comptroller,  the  director  of
    22  the budget, the mayor and council of the city of New York, the metropol-
    23  itan transportation authority board, and the metropolitan transportation
    24  authority capital program review board.
    25    §  2.  This act shall take effect immediately; provided, however, that
    26  the amendments to subdivision 2 of section 553-j of the public  authori-
    27  ties  law  made  by  section  one of this act shall expire and be deemed
    28  repealed two years after such effective date; and provided further, that
    29  such repeal shall not affect the terms of any  bonds,  notes,  or  other
    30  obligations issued prior to such repeal.
 
    31                                  PART NNN
 
    32    Section 1. Section 9.51 of the mental hygiene law, as added by chapter
    33  947  of  the  laws of 1981, subdivision (b) as amended by chapter 465 of
    34  the laws of 1992, subdivision (c) as amended by chapter 230 of the  laws
    35  of  2004, the opening paragraph of subdivision (d) as amended by chapter
    36  273 of the laws of 1986, subdivision (f) as amended by  chapter  401  of
    37  the  laws  of  2006,  and  the  closing  paragraph of subdivision (g) as
    38  amended by section 66 of part A of chapter 3 of the  laws  of  2005,  is
    39  amended to read as follows:
    40  § 9.51 Residential  treatment  facilities for children and youth; admis-
    41           sions.
    42    (a) The director of a residential treatment facility for children  and
    43  youth,  as  defined  by  section  1.03 of this chapter, may receive as a
    44  patient a person under the age of twenty-one in need of care and  treat-
    45  ment  in  such a facility who has been [certified as needing] determined
    46  appropriate for such care [by the pre-admission certification  committee
    47  serving  the  facility]  and  treatment in accordance with standards and
    48  priorities for admission established by [such committee, as provided  by
    49  this  section. Subject to the provisions of this section, the provisions
    50  of this article shall apply to admission and retention  of  patients  to
    51  residential  treatment  facilities for children and youth] the office in
    52  regulations in accordance with federal regulations.
    53    (b) Persons admitted as  in-patients  to  hospitals  operated  by  the
    54  office  of  mental  health  upon the application of the [director of the

        S. 7508--B                         126                        A. 9508--B

     1  division for youth] commissioner of the office of  children  and  family
     2  services  pursuant  to section five hundred nine of the executive law or
     3  353.4 of the family court act who  are  not  subject  to  a  restrictive
     4  placement  pursuant  to  section  353.5 of the family court act, may, if
     5  appropriate, and subject to the provisions of subdivision  (d)  of  this
     6  section, be transferred to a residential treatment facility for children
     7  and  youth. The [director of the division for youth] commissioner of the
     8  office of children and family services shall be  notified  of  any  such
     9  transfer.  When  appropriate,  the director of the residential treatment
    10  facility may arrange the return of  a  patient  so  transferred  to  the
    11  hospital or the transfer of a patient to another hospital or, in accord-
    12  ance with subdivision four of section five hundred nine of the executive
    13  law[,  to  the  division for youth] to the commissioner of the office of
    14  children and family services.
    15    (c) The  commissioner  shall  [designate  pre-admission  certification
    16  committees for defined geographic areas to evaluate each person proposed
    17  for  admission or transfer to a residential treatment facility for chil-
    18  dren and youth. When  designating  persons  to  serve  on  pre-admission
    19  certification committees, the commissioners shall assure that the inter-
    20  ests  of  the people residing in the area to be served by each committee
    21  are represented. Such committees shall include a  person  designated  by
    22  the  office  of  mental health, a person designated by the state commis-
    23  sioner of social services and a person designated by the  state  commis-
    24  sioner  of  education.  The  commissioner of mental health shall consult
    25  with the conference of local mental hygiene directors  and  the  commis-
    26  sioner  of  social  services  shall consult with county commissioners of
    27  social services in the area to be served by a committee prior to  desig-
    28  nating  persons to serve on a committee. The commissioners may designate
    29  persons who are not state employees to serve  on  pre-admission  certif-
    30  ication committees. Membership of pre-admission certification committees
    31  shall  be  limited  to persons licensed in accordance with the education
    32  law to practice medicine,  nursing,  psychology,  or  licensed  clinical
    33  social work. In the event the persons originally designated to a commit-
    34  tee  by  the  commissioners do not include a physician, the commissioner
    35  shall designate a physician to serve as  an  additional  member  of  the
    36  committee.  Each  pre-admission  certification committee shall designate
    37  five persons representing local governments, voluntary agencies, parents
    38  and other interested persons who shall serve as an advisory board to the
    39  committee] consult with the executive director of the council  on  chil-
    40  dren  and families regarding the establishment of an advisory board. The
    41  advisory board shall include, as deemed appropriate by the  commissioner
    42  and  the  executive  director  of  the council on children and families,
    43  representatives of the members of the council on children  and  families
    44  as specified in section four hundred eighty-three of the social services
    45  law,  local  agency  representatives  under the jurisdiction of a member
    46  agency of the council on children and families,  family  representatives
    47  with  lived  experience  with  residential  treatment facility services,
    48  medical directors from residential treatment facilities,  and  represen-
    49  tatives  from  hospitals with pediatric inpatient psychiatric beds, that
    50  is not operated by the state office of mental  health.  Members  of  the
    51  advisory  board  shall  be  representative  of  the  racial, ethnic, and
    52  geographic diversity of the state.  Such board shall have the  right  to
    53  visit residential treatment facilities for children and youth [served by
    54  the  committee]  and  shall  have  the  right to review clinical records
    55  [obtained by the pre-admission certification  committee]  and  shall  be
    56  bound by the confidentiality requirements of section 33.13 of this chap-

        S. 7508--B                         127                        A. 9508--B
 
     1  ter.  The advisory board shall issue an annual report on the disposition
     2  of  applications for admission to residential treatment facilities. Such
     3  report shall include, but not be limited to: the number of children that
     4  applied  to  each residential treatment facility, the number of children
     5  admitted to each residential treatment facility, the number of  children
     6  transferred  from a hospital operated by the office of mental health and
     7  subsequently transferred to another hospital, the average length of stay
     8  for residents at each residential   treatment facility,  the  number  of
     9  children  served  at each residential treatment facility, and the number
    10  of involuntary placements and/or transfers from office of mental  health
    11  operated inpatient facilities which occur each calendar year. Such annu-
    12  al  report  shall be posted on the office of mental health's website and
    13  submitted to the governor, the speaker of the assembly and the temporary
    14  president of the senate by March first for the previous calendar year.
    15    (d) [All applications] Applications for admission or  transfer  of  an
    16  individual  to  a  residential treatment facility for children and youth
    17  [shall be referred to a pre-admission certification committee for]  must
    18  document  that there has been an evaluation of the needs of the individ-
    19  ual and [certification] a determination of  the  individual's  need  for
    20  treatment  in  a residential treatment facility for children and youth[.
    21  Applications shall include an assessment of the  individual's  psychiat-
    22  ric,  medical  and  social  needs  prepared in accordance with a uniform
    23  assessment method specified by the regulations of the commissioner.  The
    24  committee  may  at  its  discretion  refer an applicant to a hospital or
    25  other facility operated or licensed by  the  office  for  an  additional
    26  assessment.  In  the event of such an additional assessment of the indi-
    27  vidual's needs, the facility conducting the assessment shall attempt  to
    28  receive  all third party insurance or federal reimbursement available as
    29  payment for the assessment. The state shall pay the balance of the  fees
    30  which  may  be  charged  by  the  provider in accordance with applicable
    31  provisions of law. In addition, if necessary, in accordance with section
    32  four thousand five of the education law, the pre-admission certification
    33  committee shall obtain an evaluation of the  educational  needs  of  the
    34  child  by  the  committee on special education of the school district of
    35  residence. The pre-admission certification committee  shall  review  all
    36  requests  for evaluation and certification within thirty days of receipt
    37  of a complete application and any additional assessments it may  require
    38  and,  using  a  uniform assessment method specified by regulation of the
    39  commissioner, evaluate the psychiatric, medical and social needs of  the
    40  proposed admittee and certify: (i) the individual's need for services in
    41  a  residential  treatment  facility  for children and youth and (ii) the
    42  immediacy of that need, given the availability of such services  in  the
    43  area  and  the  needs  of  other children evaluated by the committee and
    44  certified as eligible for admission to a residential treatment  facility
    45  for  children and youth who have not yet been admitted to such a facili-
    46  ty. A pre-admission certification committee shall not certify  an  indi-
    47  vidual  for  admission  unless it finds that] and the appropriateness of
    48  such treatment. In the case of individuals who are applicants or recipi-
    49  ents of medical assistance pursuant to title eleven of article  five  of
    50  the  social  services law, such determination shall also include certif-
    51  ication of need for residential treatment facility services  in  accord-
    52  ance  with this section.  Where certification is required, an individual
    53  will be certified for admission if:
    54    (1) Available ambulatory care resources and other  residential  place-
    55  ments do not meet the treatment needs of the individual;

        S. 7508--B                         128                        A. 9508--B
 
     1    (2)   Proper  treatment  of  the  individual's  psychiatric  condition
     2  requires in-patient care and treatment under the direction of  a  physi-
     3  cian; and
     4    (3)  Care  and treatment in a residential treatment facility for chil-
     5  dren and youth can reasonably be expected to  improve  the  individual's
     6  condition  or prevent further regression so that services will no longer
     7  be needed, provided that a poor prognosis shall not in itself constitute
     8  grounds for a denial of certification if treatment can  be  expected  to
     9  effect  a change in prognosis. [All decisions of the committee to recom-
    10  mend admission or priority of admission shall be based on the  unanimous
    11  vote  of  those present. The decision of the committee shall be reported
    12  to the applicant.] Decisions to recommend admission or  priority  admis-
    13  sion shall occur in consultation with the residential treatment facility
    14  and  be  based on a determination of appropriateness including consider-
    15  ation of facility staffing, patient mix and acuity and the impact on the
    16  safety of other residents. In the event [a committee] the office  evalu-
    17  ates a child who is the subject of a proceeding currently pending in the
    18  family  court,  the  [committee] office shall report its decision to the
    19  family court.  Prior to admission and no sooner than fourteen days after
    20  admission, the office or its designee may evaluate the medical necessity
    21  and quality of services for each Medicaid member. If the office  or  its
    22  designee  determines  that  residential treatment services are no longer
    23  appropriate, the determination of the office or its  designee  shall  be
    24  reported to the facility and the person, or the person's legally author-
    25  ized  representative. Such determination shall not be effective retroac-
    26  tively.
    27    No residential treatment facility for children and youth shall admit a
    28  person who has not been determined appropriate  and  where  appropriate,
    29  certified  [as  suitable] for such admission [by the appropriate pre-ad-
    30  mission certification committee]. Residential treatment facilities shall
    31  admit [children in accordance with priorities for admission of  children
    32  most  immediately in need of such services established by the pre-admis-
    33  sion certification committee serving the  facility  in  accordance  with
    34  standards  established  by  the  commissioner] individuals who have been
    35  designated as priority admissions by the office or commissioner's desig-
    36  nee.
    37    (e) Notwithstanding any inconsistent provision of law,  no  government
    38  agency  shall  make  payments  pursuant to title nineteen of the federal
    39  social security act or articles five and six of the social services  law
    40  to  a  residential treatment facility for children and youth for service
    41  to a person whose need for care and treatment in such a facility was not
    42  certified pursuant to this section.
    43    (f) No person shall be admitted to a  residential  treatment  facility
    44  for children and youth who has a mental illness which presents a likeli-
    45  hood  of serious harm to others; "likelihood of serious harm" shall mean
    46  a substantial risk of physical harm to other persons  as  manifested  by
    47  recent homicidal or other violent behavior by which others are placed in
    48  reasonable fear of serious physical harm.
    49    (g) Notwithstanding any other provision of law, [pre-admission certif-
    50  ication committees] the office or commissioner's designee shall be enti-
    51  tled to review clinical records maintained by any person or entity which
    52  pertain  to  an  individual  on  whose behalf an application is made for
    53  admission to a residential treatment facility for  children  and  youth.
    54  Any  clinical records received by [a pre-admission certification commit-
    55  tee and all assessments  submitted  to  the  committee]  the  office  or
    56  commissioner's  designee  shall  be kept confidential in accordance with

        S. 7508--B                         129                        A. 9508--B
 
     1  the provisions of section 33.13 of [the mental  hygiene  law,  provided,
     2  however,  that the commissioner may have access to and receive copies of
     3  such records for the purpose of evaluating the operation and  effective-
     4  ness of the committee] this chapter.
     5    Confidentiality  of  clinical  records  of  treatment of a person in a
     6  residential treatment facility for children and  youth  shall  be  main-
     7  tained as required in section 33.13 of this chapter. That portion of the
     8  clinical record maintained by a residential treatment facility for chil-
     9  dren  and youth operated by an authorized agency specifically related to
    10  medical care and treatment shall not be considered part  of  the  record
    11  required  to be maintained by such authorized agency pursuant to section
    12  three hundred seventy-two of the social services law and  shall  not  be
    13  discoverable  in  a proceeding under section three hundred fifty-eight-a
    14  of the social services law or article ten-A  of  the  family  court  act
    15  except upon order of the family court; provided, however, that all other
    16  information  required  by a local social services district or the office
    17  of children and family services for purposes of sections  three  hundred
    18  fifty-eight-a, four hundred nine-e and four hundred nine-f of the social
    19  services  law  and  article  ten-A  of  the  family  court  act shall be
    20  furnished on request, and the confidentiality of such information  shall
    21  be safeguarded as provided in section four hundred sixty-e of the social
    22  services law.
    23    §  2.  Subdivisions (b) and (c) of section 31.26 of the mental hygiene
    24  law, as added by chapter 947 of the laws of 1981, are amended to read as
    25  follows:
    26    (b) The commissioner shall have the power to  adopt  rules  and  regu-
    27  lations  governing the establishment and operation of residential treat-
    28  ment facilities for children and youth. Such rules and regulations shall
    29  at least require, as a condition of issuance or retention of an  operat-
    30  ing  certificate  for  a residential treatment facility for children and
    31  youth, that admission of children into such facilities be in  accordance
    32  with  priorities  for  admission of children most immediately in need of
    33  such services [established by the pre-admission certification  committee
    34  serving the facility,] in accordance with [section 9.51 of this chapter]
    35  standards  established  by the commissioner which shall be in accordance
    36  with federal regulations.
    37    (c) The commissioner [and the commissioner of social services  shall],
    38  in  consultation with the commissioner of education [and the director of
    39  the division for youth,] and the commissioner of the office of  children
    40  and  family  services,  shall  adopt rules and regulations governing the
    41  [operation of the pre-admission certification committees] standards  for
    42  admissions  of  individuals to residential treatment facilities required
    43  in section 9.51 of this chapter in accordance with federal regulations.
    44    § 3. Subdivision (g) of section 9.27 of the  mental  hygiene  law,  as
    45  added by chapter 947 of the laws of 1981, is amended to read as follows:
    46    (g)  Applications for involuntary admission of patients to residential
    47  treatment facilities for children and youth or transfer of involuntarily
    48  admitted patients to such facilities [shall]  may  be  reviewed  by  the
    49  [pre-admission  certification committee] office or commissioner's desig-
    50  nee serving such facility in accordance with section 9.51 of this  arti-
    51  cle  and in consultation with the residential treatment facility receiv-
    52  ing an involuntary admission or transfer of  an  involuntarily  admitted
    53  patient.
    54    §  4.  This  act shall take effect July 1, 2020 and shall apply to all
    55  applications received on or after such effective date.

        S. 7508--B                         130                        A. 9508--B
 
     1                                  PART OOO
 
     2    Section  1.  Pursuant  to  section 7.18 of the mental hygiene law, the
     3  office of mental health will establish a separate  appointing  authority
     4  of  secure  treatment  and  rehabilitation  center  within the office of
     5  mental health for the care and  treatment  of  dangerous  sex  offenders
     6  requiring  confinement  as described in article 10 of the mental hygiene
     7  law. All office of mental health employees who are substantially engaged
     8  in the care and treatment of article 10 sex  offenders  will  be  trans-
     9  ferred  to  the  secure  treatment and rehabilitation center pursuant to
    10  subdivision 2 of section 70 of the civil  service  law.  Employees  will
    11  remain in their current geographic location, and civil service title and
    12  status.   Such separate appointing authority shall not prevent an office
    13  of mental health employee that is providing care and treatment of  arti-
    14  cle  10  sex offenders to also provide care and treatment to other popu-
    15  lations at office of mental health facilities.
    16    § 2. This act shall take effect immediately.
 
    17                                  PART PPP
 
    18    Section 1. Sections 19 and 21 of chapter  723  of  the  laws  of  1989
    19  amending the mental hygiene law and other laws relating to comprehensive
    20  psychiatric  emergency  programs,  as  amended by section 1 of part I of
    21  chapter 59 of the laws of 2016, are amended to read as follows:
    22    § 19. Notwithstanding any other provision of law, the commissioner  of
    23  mental health shall, until July 1, [2020] 2024, be solely authorized, in
    24  his  or  her  discretion,  to  designate  those general hospitals, local
    25  governmental units and voluntary agencies which may apply and be consid-
    26  ered for the approval and issuance of an operating certificate  pursuant
    27  to  article  31 of the mental hygiene law for the operation of a compre-
    28  hensive psychiatric emergency program.
    29    § 21. This act shall take effect immediately, and  sections  one,  two
    30  and  four  through  twenty  of  this  act shall remain in full force and
    31  effect, until July 1, [2020] 2024, at  which  time  the  amendments  and
    32  additions  made  by  such  sections  of  this  act shall be deemed to be
    33  repealed, and any provision of law amended by any of  such  sections  of
    34  this  act  shall revert to its text as it existed prior to the effective
    35  date of this act.
    36    § 2. Subdivision (b) of section 9.40 of the  mental  hygiene  law,  as
    37  added  by chapter 723 of the laws of 1989, is amended and a new subdivi-
    38  sion (a-1) is added to read as follows:
    39    (a-1) The director shall cause triage  and  referral  services  to  be
    40  provided by a psychiatric nurse practitioner or physician of the program
    41  as  soon  as  such person is received into the comprehensive psychiatric
    42  emergency program. After receiving triage and  referral  services,  such
    43  person  shall  be  appropriately treated and discharged, or referred for
    44  further crisis intervention  services  including  an  examination  by  a
    45  physician as described in subdivision (b) of this section.
    46    (b)   The  director  shall  cause  examination  of  such  persons  not
    47  discharged after the provision of triage and  referral  services  to  be
    48  initiated by a staff physician of the program as soon as practicable and
    49  in  any  event  within  six  hours after the person is received into the
    50  program's emergency room. Such person may be retained  for  observation,
    51  care  and  treatment and further examination for up to twenty-four hours
    52  if, at the conclusion of such  examination,  such  physician  determines
    53  that  such person may have a mental illness for which immediate observa-

        S. 7508--B                         131                        A. 9508--B
 
     1  tion, care  and  treatment  in  a  comprehensive  psychiatric  emergency
     2  program is appropriate, and which is likely to result in serious harm to
     3  the person or others.
     4    §  3.  Paragraphs 2 and 5 of subdivision (a), paragraph 1 and subpara-
     5  graph (ii) of paragraph 2 of subdivision (b) of  section  31.27  of  the
     6  mental  hygiene  law, paragraph 2 of subdivision (a) as added by chapter
     7  723 of the laws of 1989, paragraph 5 of subdivision (a)  as  amended  by
     8  section  1 and paragraph 1 of subdivision (b) as amended by section 2 of
     9  part M of chapter 57 of the laws of 2006 and subparagraph (ii) of  para-
    10  graph  2 of subdivision (b) as amended by section 2 of part E of chapter
    11  111 of the laws of 2010, are amended and a new paragraph 12 is added  to
    12  subdivision (a) to read as follows:
    13    (2) "Crisis   intervention  services"  means  [psychiatric  emergency]
    14  services provided in an emergency room located within a  general  hospi-
    15  tal,  which shall include but not be limited to: psychiatric and medical
    16  evaluations and assessments; prescription or adjustment  of  medication,
    17  counseling,  and  other  stabilization or treatment services intended to
    18  reduce symptoms of mental illness[; extended observation beds; and other
    19  on-site psychiatric emergency services] when appropriate.
    20    (5) "Extended observation bed" means an inpatient bed which is  in  or
    21  adjacent  to  an  emergency  room  located  within a general hospital or
    22  satellite facility approved by the commissioner, designed to  provide  a
    23  safe  environment for an individual who, in the opinion of the examining
    24  physician, requires extensive evaluation, assessment,  or  stabilization
    25  of  the person's acute psychiatric symptoms, except that, if the commis-
    26  sioner determines that the program can provide for the privacy and safe-
    27  ty of all patients receiving services in  a  hospital,  he  or  she  may
    28  approve the location of one or more such beds within another unit of the
    29  hospital.
    30    (12) "Satellite facility" means a medical facility providing psychiat-
    31  ric  emergency services that is managed and operated by a general hospi-
    32  tal who holds a valid operating certificate for a comprehensive  psychi-
    33  atric  emergency  program and is located away from the central campus of
    34  the general hospital.
    35    (1) The  commissioner  may  license  the  operation  of  comprehensive
    36  psychiatric  emergency  programs by general hospitals which are operated
    37  by state or local governments or voluntary agencies.  The  provision  of
    38  such  services  in  general  hospitals  may be located either within the
    39  state or, with the approval of the commissioner and the director of  the
    40  budget  and  to  the  extent consistent with state and federal law, in a
    41  contiguous state. The commissioner is further authorized to  enter  into
    42  interstate agreements for the purpose of facilitating the development of
    43  programs  which  provide  services  in  another  state.  A comprehensive
    44  psychiatric emergency program shall serve as a primary psychiatric emer-
    45  gency service provider within a defined catchment area  for  persons  in
    46  need  of  psychiatric  emergency  services including persons who require
    47  immediate observation, care and treatment  in  accordance  with  section
    48  9.40  of  this chapter. Each comprehensive psychiatric emergency program
    49  shall provide or contract  to  provide  psychiatric  emergency  services
    50  twenty-four hours per day, seven days per week, including but not limit-
    51  ed  to:  crisis intervention services, crisis outreach services, [crisis
    52  residence services,] extended observation beds, and triage and  referral
    53  services.
    54    (ii)  a  description  of the program's psychiatric emergency services,
    55  including but  not  limited  to  crisis  intervention  services,  crisis
    56  outreach  services,  [crisis  residence  services,] extended observation

        S. 7508--B                         132                        A. 9508--B
 
     1  beds, and triage and referral services, whether or not provided directly
     2  or through agreement with other providers of services;
     3    §  4.  Paragraphs  4  and  8 of subdivision (a) and subdivision (i) of
     4  section 31.27 of the mental hygiene law are REPEALED.
     5    § 5. This act shall take effect immediately and  shall  be  deemed  to
     6  have  been in full force and effect on and after April 1, 2020; provided
     7  however that:
     8    (a) sections two through four of this act shall take effect on the one
     9  hundred eightieth day after it shall have become a law;
    10    (b) the amendments to section 19 of chapter 723 of the  laws  of  1989
    11  amending the mental hygiene law and other laws relating to comprehensive
    12  psychiatric emergency programs made by section one of this act shall not
    13  affect  the  repeal  of such section and shall be deemed repealed there-
    14  with;
    15    (c) the amendments to section 9.40 of the mental hygiene law  made  by
    16  section  two of this act shall not affect the repeal of such section and
    17  shall be deemed repealed therewith; and
    18    (d) the amendments to section 31.27 of the mental hygiene law made  by
    19  section  three  of  this act shall not affect the repeal of such section
    20  and shall be deemed repealed therewith.
 
    21                                  PART QQQ

    22    Section 1. The insurance law is amended by adding a new section 344 to
    23  read as follows:
    24    § 344. Mental health and  substance  use  disorder  parity  compliance
    25  programs.   Penalties collected for violations of section three thousand
    26  two hundred sixteen, three thousand  two  hundred  twenty-one  and  four
    27  thousand  three  hundred  three of this chapter related to mental health
    28  and substance use disorder parity compliance shall  be  deposited  in  a
    29  fund established pursuant to section ninety-nine-hh of the state finance
    30  law.
    31    § 2. The state finance law is amended by adding a new section 99-hh to
    32  read as follows:
    33    §  99-hh. Behavioral health parity compliance fund. 1. There is hereby
    34  established in the custody of the state comptroller and  the  department
    35  of  taxation  and  finance  a special fund to be known as the behavioral
    36  health parity compliance fund.
    37    2. Moneys in the behavioral health parity  compliance  fund  shall  be
    38  kept  separate from and shall not be commingled with any other moneys in
    39  the custody of the comptroller  or  the  commissioner  of  taxation  and
    40  finance.  Provided, however that any moneys of the fund not required for
    41  immediate use may, at the discretion of the comptroller, in consultation
    42  with the director of the budget, be invested by the comptroller in obli-
    43  gations  of  the  United  States  or the state. The proceeds of any such
    44  investment shall be retained by the  fund  as  assets  to  be  used  for
    45  purposes of this fund.
    46    3.  Such  fund  shall  consist  of all moneys required to be deposited
    47  thereto pursuant to section three hundred forty-four  of  the  insurance
    48  law, section forty-four hundred fourteen of the public health law or any
    49  other  provision  of law, monetary grants, gifts or bequests received by
    50  the state, and all other moneys credited or transferred thereto from any
    51  other fund or source.
    52    4. Moneys of the fund shall only be expended for initiatives  support-
    53  ing  parity  implementation  and  enforcement  on  behalf  of consumers,
    54  including the behavioral health ombudsman program.

        S. 7508--B                         133                        A. 9508--B
 
     1    § 3. Section 4414 of the public health law, as added by chapter  2  of
     2  the  laws  of  1998,  and as further amended by section 104 of part A of
     3  chapter 62 of the laws of 2011, is amended to read as follows:
     4    §  4414.  Health  care  compliance  programs.  1. The commissioner [of
     5  health],  after  consultation  with  the  superintendent  of   financial
     6  services,  shall  by  regulation  establish  standards  and criteria for
     7  compliance programs to be implemented by persons providing  coverage  or
     8  coverage  and service pursuant to any public or governmentally-sponsored
     9  or supported plan for health care coverage or services. Such regulations
    10  shall include provisions for the design and implementation  of  programs
    11  or  processes  to  prevent,  detect  and  address instances of fraud and
    12  abuse. Such regulations shall take into account the nature of the  enti-
    13  ty's  business and the size of its enrolled population. The commissioner
    14  [of health] and the superintendent of financial  services  shall  accept
    15  programs and processes implemented pursuant to section four hundred nine
    16  of  the  insurance law as satisfying the obligations of this section and
    17  the regulations promulgated thereunder when such programs and  processes
    18  incorporate the objectives contemplated by this section.
    19    2. Notwithstanding any provisions of section twelve of this chapter to
    20  the  contrary, penalties collected from any health maintenance organiza-
    21  tion certified pursuant to this article resulting from  a  violation  of
    22  the  health  maintenance  organization's mental health and substance use
    23  disorder parity compliance program shall be deposited  into  the  behav-
    24  ioral  health  parity compliance fund as established pursuant to section
    25  ninety-nine-hh of the state finance law.
    26    § 4. This act shall take effect immediately and  shall  be  deemed  to
    27  have been in full force and effect on and after April 1, 2020.
 
    28                                  PART RRR
 
    29    Section  1. Subdivision (a) of section 16.03 of the mental hygiene law
    30  is amended by adding a new paragraph 5 to read as follows:
    31    (5) The provision of  services  approved  in  a  medicaid  state  plan
    32  authorized  pursuant  to  section  nineteen  hundred  two of the federal
    33  social security act, including optional state plan  services  authorized
    34  pursuant  to  subdivision (g) of section nineteen hundred fifteen of the
    35  federal social security act,  and  designated  by  the  commissioner  of
    36  health, in consultation with the commissioner, as being for persons with
    37  developmental disabilities.
    38    §  2.  Subdivision  (d) of section 16.03 of the mental hygiene law, as
    39  added by chapter 786 of the laws of 1983, is amended to read as follows:
    40    (d) The operation of a facility or provision of services for which  an
    41  operating  certificate  is required pursuant to this article shall be in
    42  accordance with the terms of the operating  certificate  and  the  regu-
    43  lations of the commissioner.
    44    §  3.  Subdivision  (a)  of section 16.11 of the mental hygiene law is
    45  amended by adding a new paragraph 3 to read as follows:
    46    (3) The review of providers of services, as defined in paragraph  five
    47  of  subdivision  (a) of section 16.03 of this article, shall ensure that
    48  the provider of services complies  with  all  the  requirements  of  the
    49  applicable  federal regulations and rules and the regulations adopted by
    50  the commissioner.
    51    § 4. Paragraph (a) of subdivision 4  of  section  488  of  the  social
    52  services  law,  as  amended by section 2 of part MM of chapter 58 of the
    53  laws of 2015, is amended to read as follows:

        S. 7508--B                         134                        A. 9508--B
 
     1    (a) a facility or program in which services are provided and which  is
     2  operated,  licensed  or  certified  by  the office of mental health, the
     3  office for people with  developmental  disabilities  or  the  office  of
     4  [alcoholism   and  substance  abuse  services]  addiction  services  and
     5  supports,  including  but  not limited to psychiatric centers, inpatient
     6  psychiatric units of a general hospital, developmental centers, interme-
     7  diate care facilities, community residences, group homes and family care
     8  homes, provided, however, that such term  shall  not  include  a  secure
     9  treatment  facility  as  defined  in section 10.03 of the mental hygiene
    10  law, services defined in [subparagraph]  paragraphs  four  and  five  of
    11  subdivision  (a) of section 16.03 of the mental hygiene law, or services
    12  provided in programs or facilities that are operated by  the  office  of
    13  mental  health  and  located  in state correctional facilities under the
    14  jurisdiction of the department of corrections and community supervision;
    15    § 5. Subdivision 6 of section  2899  of  the  public  health  law,  as
    16  amended  by  section  3  of part C of chapter 57 of the laws of 2018, is
    17  amended to read as follows:
    18    6. "Provider" shall mean: (a) any  residential  health  care  facility
    19  licensed  under  article  twenty-eight of this chapter; or any certified
    20  home health agency, licensed home care services agency or long term home
    21  health care program certified under article thirty-six of this  chapter;
    22  any hospice program certified pursuant to article forty of this chapter;
    23  or  any  adult  home,  enriched  housing program or residence for adults
    24  licensed under article seven of the social services law; or (b) a health
    25  home, or any subcontractor of such health home, who contracts with or is
    26  approved or otherwise authorized by the  department  to  provide  health
    27  home  services, including [to all those enrolled pursuant to a diagnosis
    28  of a developmental disability as defined in  subdivision  twenty-two  of
    29  section  1.03  of  the  mental  hygiene law and] enrollees who are under
    30  twenty-one years of age, under section three hundred sixty-five-l of the
    31  social services law, except for a health home, or any  subcontractor  of
    32  such health home, who contracts with or is approved or otherwise author-
    33  ized  by  the  department  to  provide health home services to all those
    34  enrolled pursuant to  a  diagnosis  of  a  developmental  disability  as
    35  defined  in subdivision twenty-two of section 1.03 of the mental hygiene
    36  law; or any entity that provides home and community  based  services  to
    37  enrollees  who  are  under twenty-one years of age under a demonstration
    38  program pursuant to section eleven hundred fifteen of the federal social
    39  security act.
    40    § 6. Paragraph (b) of subdivision 9 of section 2899-a  of  the  public
    41  health  law, as amended by section 4 of part C of chapter 57 of the laws
    42  of 2018, is amended to read as follows:
    43    (b) Residential health care facilities licensed  pursuant  to  article
    44  twenty-eight of this chapter and certified home health care agencies and
    45  long-term  home  health  care programs certified or approved pursuant to
    46  article thirty-six of this chapter or a health home, or any  subcontrac-
    47  tor  of such health home, who contracts with or is approved or otherwise
    48  authorized by the department to provide health home services,  including
    49  [to  all those enrolled pursuant to a diagnosis of a developmental disa-
    50  bility as defined in subdivision  twenty-two  of  section  1.03  of  the
    51  mental hygiene law and] enrollees who are under twenty-one years of age,
    52  under  section  three  hundred  sixty-five-l of the social services law,
    53  except for a health home, or any subcontractor of such health home,  who
    54  contracts  with or is approved or otherwise authorized by the department
    55  to provide health home services to all  those  enrolled  pursuant  to  a
    56  diagnosis  of a developmental disability as defined in subdivision twen-

        S. 7508--B                         135                        A. 9508--B
 
     1  ty-two of section 1.03 of the mental hygiene law;  or  any  entity  that
     2  provides  home  and  community based services to enrollees who are under
     3  twenty-one years of  age  under  a  demonstration  program  pursuant  to
     4  section  eleven hundred fifteen of the federal social security act, may,
     5  subject to the availability of federal financial participation, claim as
     6  reimbursable costs under the medical assistance program, costs  reflect-
     7  ing  the  fee  established  pursuant  to law by the division of criminal
     8  justice services for processing a criminal  history  information  check,
     9  the  fee  imposed  by the federal bureau of investigation for a national
    10  criminal history check, and costs associated with obtaining the  finger-
    11  prints, provided, however, that for the purposes of determining rates of
    12  payment pursuant to article twenty-eight of this chapter for residential
    13  health  care  facilities,  such  reimbursable  fees  and  costs shall be
    14  reflected as timely as practicable in such rates within  the  applicable
    15  rate period.
    16    §  7.  Subdivision  10  of section 2899-a of the public health law, as
    17  amended by section 1 of part EE of chapter 57 of the laws  of  2019,  is
    18  amended to read as follows:
    19    10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
    20  forty-five-b of the executive  law,  a  certified  home  health  agency,
    21  licensed home care services agency or long term home health care program
    22  certified, licensed or approved under article thirty-six of this chapter
    23  or  a  home  care services agency exempt from certification or licensure
    24  under article thirty-six of this chapter, a hospice program under  arti-
    25  cle forty of this chapter, or an adult home, enriched housing program or
    26  residence for adults licensed under article seven of the social services
    27  law,  or  a  health  home, or any subcontractor of such health home, who
    28  contracts with or is approved or otherwise authorized by the  department
    29  to  provide  health  home services, including [to all enrollees enrolled
    30  pursuant to a diagnosis of a  developmental  disability  as  defined  in
    31  subdivision  twenty-two  of  section 1.03 of the mental hygiene law and]
    32  enrollees who are under twenty-one years of  age,  under  section  three
    33  hundred  sixty-five-l  of  the  social services law, except for a health
    34  home, or any subcontractor of such health home, who contracts with or is
    35  approved or otherwise authorized by the  department  to  provide  health
    36  home  services to all those enrolled pursuant to a diagnosis of a devel-
    37  opmental disability as defined in subdivision twenty-two of section 1.03
    38  of the mental hygiene law; or any entity that provides home and communi-
    39  ty based services to enrollees who are under  twenty-one  years  of  age
    40  under a demonstration program pursuant to section eleven hundred fifteen
    41  of the federal social security act may temporarily approve a prospective
    42  employee while the results of the criminal history information check and
    43  the  determination  are  pending,  upon  the condition that the provider
    44  conducts appropriate direct observation and evaluation of the  temporary
    45  employee,  while he or she is temporarily employed, and the care recipi-
    46  ent; provided, however, that for a health home, or any subcontractor  of
    47  a health home, who contracts with or is approved or otherwise authorized
    48  by  the  department  to  provide health home services, including [to all
    49  enrollees enrolled pursuant to a diagnosis of  developmental  disability
    50  as  defined  in  subdivision  twenty-two  of  section 1.03 of the mental
    51  hygiene law and] enrollees who are under twenty-one years of age,  under
    52  section  three  hundred  sixty-five-l of the social services law, except
    53  for a health home,  or  any  subcontractor  of  such  health  home,  who
    54  contracts  with or is approved or otherwise authorized by the department
    55  to provide health home services to all  those  enrolled  pursuant  to  a
    56  diagnosis  of a developmental disability as defined in subdivision twen-

        S. 7508--B                         136                        A. 9508--B
 
     1  ty-two of section 1.03 of the mental hygiene law;  or  any  entity  that
     2  provides  home  and  community based services to enrollees who are under
     3  twenty-one years of  age  under  a  demonstration  program  pursuant  to
     4  section  eleven  hundred  fifteen  of  the  federal social security act,
     5  direct observation and evaluation of temporary employees  shall  not  be
     6  required  until  July  first, two thousand nineteen. The results of such
     7  observations shall be documented in the temporary  employee's  personnel
     8  file and shall be maintained. For purposes of providing such appropriate
     9  direct  observation  and evaluation, the provider shall utilize an indi-
    10  vidual employed by such provider with a minimum of one year's experience
    11  working in an agency certified, licensed or approved under article thir-
    12  ty-six of this chapter or an adult home,  enriched  housing  program  or
    13  residence for adults licensed under article seven of the social services
    14  law,  a  health  home,  or  any  subcontractor  of such health home, who
    15  contracts with or is approved or otherwise authorized by the  department
    16  to  provide  health home services, including [to those enrolled pursuant
    17  to a diagnosis of a developmental disability as defined  in  subdivision
    18  twenty-two  of section 1.03 of the mental hygiene law and] enrollees who
    19  are under twenty-one years of age, under section  three  hundred  sixty-
    20  five-l  of  the  social  services  law, except for a health home, or any
    21  subcontractor of such health home, who contracts with or is approved  or
    22  otherwise  authorized  by the department to provide health home services
    23  to all those enrolled pursuant to a diagnosis of a  developmental  disa-
    24  bility  as  defined  in  subdivision  twenty-two  of section 1.03 of the
    25  mental hygiene law; or any entity that provides home and community based
    26  services to enrollees who are under twenty-one  years  of  age  under  a
    27  demonstration  program pursuant to section eleven hundred fifteen of the
    28  federal social security act. If the temporary employee is working  under
    29  contract  with  another  provider  certified, licensed or approved under
    30  article thirty-six of this chapter, such contract provider's appropriate
    31  direct observation and evaluation of the temporary  employee,  shall  be
    32  considered  sufficient  for the purposes of complying with this subdivi-
    33  sion.
    34    § 8. This act shall take effect on the ninetieth day  after  it  shall
    35  have become a law; provided, however, that the amendments to subdivision
    36  6  of section 2899 of the public health law made by section five of this
    37  act shall not affect the expiration of such  subdivision  and  shall  be
    38  deemed to expire therewith.
 
    39                                  PART SSS
 
    40    Section  1.  Subdivision a of section 13 of chapter 554 of the laws of
    41  2013, amending the education law and  other  laws  relating  to  applied
    42  behavior  analysis,  as  amended  by  chapter  8 of the laws of 2014, is
    43  amended to read as follows:
    44    a. Nothing in this act shall be  construed  as  prohibiting  a  person
    45  employed   or   retained  by  programs  licensed,  certified,  operated,
    46  approved, registered or funded and regulated by the  office  for  people
    47  with  developmental  disabilities,  the  office  of  children and family
    48  services, or the office of mental health from performing the duties of a
    49  licensed behavior analyst or a certified behavior analyst  assistant  in
    50  the course of such employment or retention; provided, however, that this
    51  section  shall not authorize the use of any title authorized pursuant to
    52  article 167 of the education law; and provided  further,  however,  that
    53  this section shall be deemed repealed on July 1, [2020] 2025.
    54    § 2. This act shall take effect immediately.

        S. 7508--B                         137                        A. 9508--B
 
     1                                  PART TTT
 
     2    Section  1.  Section  2  of  part Q of chapter 59 of the laws of 2016,
     3  amending the mental hygiene law relating to the closure or transfer of a
     4  state-operated individualized residential  alternative,  as  amended  by
     5  section  2  of  part II of chapter 57 of the laws of 2018, is amended to
     6  read as follows:
     7    § 2. This act shall take effect immediately and shall  expire  and  be
     8  deemed repealed March 31, [2020] 2022.
     9    § 2.  This act shall take effect immediately.
 
    10                                  PART UUU
 
    11    Section  1. This act commits the state of New York and the city of New
    12  York ("city") to fund, over a multi-year period, $6,000,000,000 in capi-
    13  tal costs related to projects contained in the Metropolitan  Transporta-
    14  tion  Authority  ("MTA")  2020-2024 capital program ("capital program").
    15  The state share of $3,000,000,000 and the city share  of  $3,000,000,000
    16  shall  be  provided to pay the capital costs of the capital program. The
    17  funds committed by the state and city shall  be  provided  concurrently,
    18  and  in  proportion to the respective shares of each, in accordance with
    19  the funding needs of the capital program.
    20    § 2. (a) No funds dedicated for operating assistance of the MTA  shall
    21  be  used  to  reduce  or supplant the commitment of the state or city to
    22  provide $6,000,000,000 pursuant to section one of this act.
    23    (b) The city and state's share of funds provided concurrently pursuant
    24  to section one of this act shall be scheduled and paid to the MTA  on  a
    25  schedule to be determined by the state director of the budget.  In order
    26  to determine the adequacy  and pace of the level of state and city fund-
    27  ing in support of the MTA's capital program, and to gauge the availabil-
    28  ity of MTA capital resources planned for the capital program, the direc-
    29  tor  of  the budget and the city may request, and the MTA shall provide,
    30  periodic reports on the MTA's capital programs and financial activities.
    31  The city shall certify to the state comptroller and the New  York  state
    32  director  of  the  budget,  no  later  than seven days after making each
    33  payment pursuant to this section, the amount of  the  payments  and  the
    34  date upon which such payments were made.
    35    §  3. (a) Notwithstanding any provision of law to the contrary, in the
    36  event the city fails to certify to the state  comptroller  and  the  New
    37  York  state  director  of  the budget that the city has paid in full any
    38  concurrent payment required by section two of this  act,  the  New  York
    39  state  director  of  the  budget  shall  direct the state comptroller to
    40  transfer, collect, or deposit funds in accordance with  subdivision  (b)
    41  of  this section in an amount equal to the unpaid balance of any payment
    42  required by section two of this act, provided  that  any  such  deposits
    43  shall  be counted against the city share of the Metropolitan Transporta-
    44  tion Authority (MTA) 2020-2024 capital program (capital program)  pursu-
    45  ant  to  section one of this act.  Such direction shall be pursuant to a
    46  written plan or plans filed with the state comptroller, the  chairperson
    47  of the senate finance committee and the chairperson of the assembly ways
    48  and means committee.
    49    (b)  Notwithstanding  any  provision of law to the contrary and as set
    50  forth in a plan or plans submitted by the New York state director of the
    51  budget pursuant to subdivision (a) of  this  section,  the  state  comp-
    52  troller  is  hereby  directed  and  authorized  to:   (i) transfer funds
    53  authorized by any undisbursed general fund aid to  localities  appropri-

        S. 7508--B                         138                        A. 9508--B
 
     1  ations  or  state special revenue fund aid to localities appropriations,
     2  excluding debt service, fiduciary, and federal fund  appropriations,  to
     3  the city to the Metropolitan Transportation Authority capital assistance
     4  fund established by section 92-ii of the state finance law in accordance
     5  with  such  plan;  and/or (ii) collect and deposit into the Metropolitan
     6  Transportation Authority capital assistance fund established by  section
     7  92-ii  of  the  state finance law funds from any other revenue source of
     8  the city, including the sales and use tax, in accordance with such plan.
     9  The state comptroller is hereby authorized and  directed  to  make  such
    10  transfers,  collections and deposits as soon as practicable but not more
    11  than 3 days following the transmittal of such plan to the comptroller in
    12  accordance with subdivision (a) of this section.
    13    (c) Notwithstanding any provision of law to the contrary, the  state's
    14  obligation and or liability to fund any program included in general fund
    15  aid  to  localities  appropriations or state special revenue fund aid to
    16  localities appropriations from which funds are transferred  pursuant  to
    17  subdivision  (b)  of this section shall be reduced in an amount equal to
    18  such transfer or transfers.
    19    § 4. The state finance law is amended by adding a new section 92-ii to
    20  read as follows:
    21    § 92-ii.  Metropolitan  transportation  authority  capital  assistance
    22  fund. 1. There is hereby established in the custody of the comptroller a
    23  special  fund  to  be known as the metropolitan transportation authority
    24  capital assistance fund.
    25    2. Such fund shall consist of any monies directed thereto pursuant  to
    26  the  provisions  of section three of the part of the chapter of the laws
    27  of two thousand twenty which added this section.
    28    3. All monies deposited into the fund pursuant  to  the  part  of  the
    29  chapter  of  the  laws  of  two thousand twenty which added this section
    30  shall be paid to the metropolitan transportation authority by the  comp-
    31  troller,  without  appropriation,  for  use  in  the  same manner as the
    32  payments required by section two of such part, as  soon  as  practicable
    33  but  not  more  than  five days from the date the comptroller determines
    34  that the full amount of the unpaid balance of any  payment  required  by
    35  section three of such part has been deposited into the fund.
    36    §  5.  Starting July 1, 2020, the city will fund a fifty percent share
    37  of the net paratransit operating expenses of the MTA, provided that such
    38  contribution shall not exceed $215 million  in  2020,  $277  million  in
    39  2021,  $290  million  in 2022, and $310 million in 2023. Net paratransit
    40  operating expenses shall be calculated  monthly  by  the  MTA  and  will
    41  consist of the total paratransit operating expenses of the program minus
    42  the six percent of the urban tax dedicated to paratransit services as of
    43  the  date  of  this act and minus any money collected as passenger fares
    44  from paratransit operations.
    45    § 6. The city's share of funds provided pursuant to  section  five  of
    46  this  act  shall be paid to the MTA monthly. Such schedule shall include
    47  an annual reconciliation process to adjust for any overpayment or under-
    48  payment. The city shall certify to the state  comptroller  and  the  New
    49  York state director of the budget, no later than seven days after making
    50  each  payment  pursuant  to this section, the amount of the payments and
    51  the date upon which such payments were made.
    52    § 7. (a) Notwithstanding any provision of law to the contrary, in  the
    53  event  the  city  fails  to certify to the state comptroller and the New
    54  York state director of the budget that the city has  paid  in  full  any
    55  payment required by section six of this act, the New York state director
    56  of  the  budget shall direct the state comptroller to transfer, collect,

        S. 7508--B                         139                        A. 9508--B
 
     1  or deposit funds in accordance with subdivision (b) of this  section  in
     2  an amount equal to the unpaid balance of any payment required by section
     3  six  of  this  act,  and  any such deposits shall be counted against the
     4  city's  fifty percent share of the net paratransit operating expenses of
     5  the MTA pursuant to section five of this act. Such  direction  shall  be
     6  pursuant  to  a  written plan or plans filed with the state comptroller,
     7  the chairperson of the senate finance committee and the  chairperson  of
     8  the assembly ways and means committee.
     9    (b)  Notwithstanding  any  provision of law to the contrary and as set
    10  forth in a plan or plans submitted by the New York state director of the
    11  budget pursuant to subdivision (a) of  this  section,  the  state  comp-
    12  troller  is  hereby  directed  and  authorized  to:   (i) transfer funds
    13  authorized by any undisbursed general fund aid to  localities  appropri-
    14  ations  or  state special revenue fund aid to localities appropriations,
    15  excluding debt service, fiduciary, and federal fund  appropriations,  to
    16  the  city  to  the  Metropolitan  Transportation  Authority  paratransit
    17  assistance fund established by section 92-jj of the state finance law in
    18  accordance with such plan; and/or (ii)  collect  and  deposit  into  the
    19  Metropolitan Transportation Authority paratransit assistance fund estab-
    20  lished  by  section  92-jj of the state finance law funds from any other
    21  revenue source of the city, including the sales and use tax, in  accord-
    22  ance  with  such  plan.  The  state comptroller is hereby authorized and
    23  directed to make such transfers, collections and  deposits  as  soon  as
    24  practicable  but  not more than 3 days following the transmittal of such
    25  plan to the comptroller in  accordance  with  subdivision  (a)  of  this
    26  section.
    27    (c)  Notwithstanding any provision of law to the contrary, the state's
    28  obligation and or liability to fund any program included in general fund
    29  aid to localities appropriations or state special revenue  fund  aid  to
    30  localities  appropriations  from which funds are transferred pursuant to
    31  subdivision (b) of this section shall be reduced in an amount  equal  to
    32  such transfer or transfers.
    33    § 8. The state finance law is amended by adding a new section 92-jj to
    34  read as follows:
    35    §  92-jj. Metropolitan transportation authority paratransit assistance
    36  fund. 1. There is hereby established in the custody of the comptroller a
    37  special fund to be known as the  metropolitan  transportation  authority
    38  paratransit assistance fund.
    39    2.  Such fund shall consist of any monies directed thereto pursuant to
    40  the provisions of section seven of the part of the chapter of  the  laws
    41  of two thousand twenty which added this section.
    42    3.  All  monies  deposited  into  the fund pursuant to the part of the
    43  chapter of the laws of two thousand  twenty  which  added  this  section
    44  shall  be paid to the metropolitan transportation authority by the comp-
    45  troller, without appropriation, for  use  in  the  same  manner  as  the
    46  payments  required  by  section six of such part, as soon as practicable
    47  but not more than five days from the  date  the  comptroller  determines
    48  that  the  full  amount of the unpaid balance of any payment required by
    49  section seven of such part has been deposited into the fund.
    50    § 9. This act shall take effect immediately;  provided  that  sections
    51  five  through seven of this act shall expire and be deemed repealed June
    52  30, 2024; and provided further that such  repeal  shall  not  affect  or
    53  otherwise reduce amounts owed to the metropolitan transportation author-
    54  ity  paratransit  assistance  fund  to  meet the city's share of the net
    55  paratransit operating expenses of the MTA for services provided prior to
    56  June 30, 2024.

        S. 7508--B                         140                        A. 9508--B
 
     1                                  PART VVV
 
     2    Section  1.  Legislative  findings  and  declaration of purpose. It is
     3  hereby found and declared that it is a matter of substantial and  imper-
     4  ative  state  concern  that the metropolitan transportation authority be
     5  enabled to deliver as quickly and efficiently as practicable the capital
     6  projects included in its 2015 to 2019 and 2020 to 2024 approved  capital
     7  programs,  which  together  will make the subway, bus, and commuter rail
     8  systems it operates in the metropolitan transportation commuter district
     9  safer, more reliable, cleaner, more modern, and more accessible for  all
    10  its  customers.  The  people of the state through their legislature have
    11  made substantial commitments to ensure stable and reliable capital fund-
    12  ing to repair and revitalize the metropolitan transportation authority's
    13  subway, bus, and commuter  rail  systems  including  most  recently  the
    14  program  to  establish  tolls  for vehicles entering or remaining in New
    15  York city's central business district, which is expected to fund fifteen
    16  billion dollars for capital projects.
    17    The legislature further  finds  and  declares  that  the  metropolitan
    18  transportation  authority  anticipates that some projects in an approved
    19  capital program plan will require that it acquire from the city  of  New
    20  York through negotiation temporary and permanent interests in real prop-
    21  erty  for  transportation  facilities  or transit projects. So as not to
    22  unduly delay the commencement of such capital  projects  and  to  ensure
    23  that their cost is not undue, the city of New York must not unreasonably
    24  withhold  its  consent  to  such acquisitions nor must it try to use the
    25  metropolitan transportation authority's urgent need for the interests in
    26  real property unreasonably as a lever to obtain an undue  price.  Other-
    27  wise,  the  metropolitan  transportation authority's efforts to make its
    28  transportation system more accessible and more  reliable  and  efficient
    29  will be significantly impeded.  Valuations of the property interests and
    30  negotiations  to determine the fair market value shall be conducted only
    31  after the metropolitan transportation authority has identified the  need
    32  for  such  property  interests and the city of New York has consented to
    33  their transfer or acquisition. Under  the  valuation  procedure  enacted
    34  herein, those negotiations will be swift and lead to a reasonable price.
    35  It  is  therefore  the intent of the legislature to provide a means that
    36  fairly determines the fair market value  of  property  interests  to  be
    37  acquired by the authority from the city of New York while  at  the  same
    38  time  ensuring that the metropolitan transportation authority be able to
    39  efficiently and  cost-effectively   deliver capital projects  that  will
    40  make  the  subway system more accessible and more reliable. In doing so,
    41  the legislature further finds and declares that it is acting on a matter
    42  of substantial state concern.
    43    § 2. Section 1266 of the public authorities law is amended by adding a
    44  new subdivision 12-a to read as follows:
    45    12-a. (a) Whenever the authority determines in consultation  with  the
    46  city  of New York that it is necessary to obtain the temporary or perma-
    47  nent use, occupancy, control or possession of vacant or  undeveloped  or
    48  underutilized but replaceable real property, or any interest therein, or
    49  subsurface  real property or any interest therein then owned by the city
    50  of New York for a project in the two thousand fifteen  to  two  thousand
    51  nineteen or the two thousand twenty to two thousand twenty-four approved
    52  capital  programs  to  (i)  install one or more elevators to make one or
    53  more subway stations more accessible, (ii) construct or  reconstruct  an
    54  electrical  substation  to increase available power to the subway system
    55  to expand passenger capacity or reliability, or (iii) in connection with

        S. 7508--B                         141                        A. 9508--B
 
     1  the capital project  to  construct  four  commuter  railroad  passengers
     2  stations  in  the borough of the Bronx known as Penn Station access, the
     3  authority upon approval by the board of the metropolitan  transportation
     4  authority  and  upon suitable notice and with the consent of the city of
     5  New York may cause the title to such  real  property,  or  any  interest
     6  therein,  to  be transferred to the authority by adding it to the agree-
     7  ment of  lease  dated  June  first,  nineteen  hundred  fifty-three,  as
     8  amended,  renewed and supplemented, authorized by section twelve hundred
     9  three of this article, or may itself acquire title to such property from
    10  the city of New York, and any such transfer or acquisition of real prop-
    11  erty shall be subject to the provisions of subdivision five  of  section
    12  twelve  hundred  sixty-six-c  of this title. Nothing in this subdivision
    13  shall be deemed to authorize any  temporary  or  permanent  transfer  or
    14  acquisition  of  real  property,  or interest therein, that is dedicated
    15  parkland without separate legislative approval of such alienation.
    16    (b) (i) Upon the execution of any transfer or acquisition pursuant  to
    17  this subdivision, which shall be final upon the approval by the board of
    18  the metropolitan transportation authority and consent of the city of New
    19  York,  the  fair market value shall be determined pursuant to this para-
    20  graph. The authority shall make a written offer to pay to  the  city  of
    21  New  York  the  fair  market  value  of  the authority's use, occupancy,
    22  control, possession or acquisition of such property. The  offer  by  the
    23  authority  shall  be based on an appraisal of the value of such property
    24  and a copy of such appraisal shall be  included  with  the  offer.  Such
    25  appraisal  shall  be  done  by an independent New York state licensed or
    26  certified appraiser, who may not be employed by the authority,  selected
    27  at  random from a panel of appraisers maintained by it for such purpose.
    28  Such appraisal and a second appraisal, if required pursuant to  subpara-
    29  graph  (ii) of this paragraph, shall consider only the reasonably antic-
    30  ipated lawful use of the property and its zoning designation  under  the
    31  zoning  resolution  of  the  city  of New York at the time the authority
    32  notified the city of New York  of  its  determination  to  use,  occupy,
    33  control, possess or acquire such property.
    34    (ii)  Within thirty days of receipt of the offer by the authority, the
    35  city of New York may accept it, agree  with  the  authority  on  another
    36  amount,  or  request a second appraisal by an independent New York state
    37  licensed or certified appraiser, who may not be employed by the city  of
    38  New  York,  selected  at  random by the city of New York from a panel of
    39  appraisers maintained by it for  such  purpose.  Such  second  appraisal
    40  shall  be completed within thirty days. If the second appraisal produces
    41  an estimate of the fair market value of the  property  that  is  greater
    42  than  that  of the first appraisal, the authority shall have ten days to
    43  increase its offer to such higher amount, otherwise the  two  appraisers
    44  shall  reconcile  their valuations and agree on a final valuation within
    45  ten days, which shall be an amount not less than the first appraisal nor
    46  greater than the second appraisal.
    47    (c) Nothing in this subdivision shall be construed to affect or  limit
    48  the authority's power under subdivision twelve of this section.
    49    §  3.  This  act shall take effect immediately and shall expire and be
    50  deemed repealed on December 31, 2025; provided, however, that the repeal
    51  of this act shall not affect any transfer or acquisition pursuant to all
    52  of the terms of section two of this act that has been  approved  by  the
    53  board  of  the  metropolitan transportation authority before such repeal
    54  date.
 
    55                                  PART WWW

        S. 7508--B                         142                        A. 9508--B
 
     1    Section 1. Paragraph (b) of subdivision 9 of section 208  of  the  tax
     2  law is amended by adding a new subparagraph 26 to read as follows:
     3    (26)  For  taxable  years  beginning  in two thousand nineteen and two
     4  thousand twenty, the amount of the  increase  in  the  federal  interest
     5  deduction  allowed  pursuant to section 163(j)(10)(A)(i) of the internal
     6  revenue code.
     7    § 2. Subsection (a) of section 607 of the tax law, as amended by chap-
     8  ter 28 of the laws of 1987, is amended to read as follows:
     9    (a) General. Any term used in this article shall have the same meaning
    10  as when used in a comparable context in the laws of  the  United  States
    11  relating  to federal income taxes, unless a different meaning is clearly
    12  required but such meaning shall be subject to the exceptions or  modifi-
    13  cations  prescribed in this article or by statute. Any reference in this
    14  article to the laws of the United States shall mean  the  provisions  of
    15  the  internal  revenue  code  of  nineteen  hundred eighty-six (unless a
    16  reference to the internal revenue code of nineteen hundred fifty-four is
    17  clearly intended), and amendments thereto, and other provisions  of  the
    18  laws  of the United States relating to federal income taxes, as the same
    19  may be or become effective at any time or from  time  to  time  for  the
    20  taxable year. Provided however, for taxable years beginning before Janu-
    21  ary  first, two thousand twenty-two, any amendments made to the internal
    22  revenue code of nineteen hundred eighty-six after March first, two thou-
    23  sand twenty shall not apply to this article.
    24    § 3. Subdivision (a) of section 11-1707 of the administrative code  of
    25  the  city of New York, as amended by chapter 333 of the laws of 1987, is
    26  amended to read as follows:
    27    (a) General. Any term used in this chapter shall have the same meaning
    28  as when used in a comparable context in the laws of  the  United  States
    29  relating  to federal income taxes, unless a different meaning is clearly
    30  required but such meaning shall be subject to the exceptions or  modifi-
    31  cations  prescribed in this chapter or by statute. Any reference in this
    32  chapter to the laws of the United States shall mean  the  provisions  of
    33  the  internal  revenue  code  of  nineteen  hundred eighty-six (unless a
    34  reference to the internal revenue code of nineteen hundred fifty-four is
    35  clearly intended), and amendments thereto, and other provisions  of  the
    36  laws  of the United States relating to federal income taxes, as the same
    37  may be or become effective at any time or from  time  to  time  for  the
    38  taxable  year,  as  included and quoted in the appendices (including any
    39  supplements and additions thereto) to this chapter.   Provided  however,
    40  for  taxable  years beginning before January first, two thousand twenty-
    41  two, any amendments made  to  the  internal  revenue  code  of  nineteen
    42  hundred  eighty-six  after  March  first,  two thousand twenty shall not
    43  apply to this chapter. (Such quotation of  the  aforesaid  laws  of  the
    44  United  States  is  intended  to make them a part of this chapter and to
    45  avoid constitutional uncertainties which might result if such laws  were
    46  merely  incorporated  by  reference. The quotation of a provision of the
    47  internal revenue code or of any other law of the United States  in  such
    48  appendices shall not necessarily mean that it is applicable or has rele-
    49  vance to this chapter).
    50    §  4. Paragraph (b) of subdivision 8 of section 11-652 of the adminis-
    51  trative code of the city of New York is amended by adding a new subpara-
    52  graph 22 to read as follows:
    53    (22) For taxable years beginning in  two  thousand  nineteen  and  two
    54  thousand  twenty,  the  amount  of  the increase in the federal interest
    55  deduction allowed pursuant to section 163(j)(10)(A)(i) of  the  internal
    56  revenue code.

        S. 7508--B                         143                        A. 9508--B
 
     1    §  5.  Subdivision (b) of section 11-506 of the administrative code of
     2  the city of New York is amended by adding a new paragraph 17 to read  as
     3  follows:
     4    (17)  For  taxable  years  beginning  in two thousand nineteen and two
     5  thousand twenty, the amount of the  increase  in  the  federal  interest
     6  deduction  allowed  pursuant to section 163(j)(10)(A)(i) of the internal
     7  revenue code.
     8    § 6. Paragraph (b) of subdivision 8 of section 11-602 of the  adminis-
     9  trative code of the city of New York is amended by adding a new subpara-
    10  graph 21 to read as follows:
    11    (21)  For  taxable  years  beginning  in two thousand nineteen and two
    12  thousand twenty, the amount of the  increase  in  the  federal  interest
    13  deduction  allowed  pursuant to section 163(j)(10)(A)(i) of the internal
    14  revenue code.
    15    § 7. This act shall take effect immediately.
 
    16                                  PART XXX
 
    17    Section 1. This Part enacts into law  legislation  providing  for  the
    18  extension  of  certain  provisions.  Each  component is wholly contained
    19  within a Subpart identified as Subparts A through H. The effective  date
    20  for each particular provision contained within such Subpart is set forth
    21  in  the  last  section  of  such  Subpart.  Any provision in any section
    22  contained within a Subpart, including the effective date of the Subpart,
    23  which makes  reference  to  a  section  "of  this  act",  when  used  in
    24  connection  with  that particular component, shall be deemed to mean and
    25  refer to the corresponding section of the Subpart in which it is  found.
    26  Section three of this Part sets forth the general effective date of this
    27  Part.
 
    28                                  SUBPART A
 
    29    Section  1.  This  Subpart  enacts into law major components of legis-
    30  lation relating to issues deemed necessary for the state. Each component
    31  is wholly contained within an Item identified as Items A through R.  The
    32  effective  date for each particular provision contained within such Item
    33  is set forth in the last section of such  Item.  Any  provision  in  any
    34  section  contained  within  an Item, including the effective date of the
    35  Item, which makes reference to a section "of this  act",  when  used  in
    36  connection  with  that particular component, shall be deemed to mean and
    37  refer to the corresponding section of the Item in  which  it  is  found.
    38  Section  three  of this Subpart sets forth the general effective date of
    39  this Subpart.
 
    40                                   ITEM A
 
    41    Section 1. Section 3 of chapter 492 of the laws of 1993, amending  the
    42  local finance law relating to installment loans and obligations evidenc-
    43  ing  installment loans, as amended by chapter 46 of the laws of 2017, is
    44  amended to read as follows:
    45    § 3. This act shall take effect immediately and shall remain  in  full
    46  force and effect until September 30, [2020] 2023, at which time it shall
    47  be deemed repealed.
    48    § 2. This act shall take effect immediately.
 
    49                                   ITEM B

        S. 7508--B                         144                        A. 9508--B
 
     1  Section  1.  Section  2 of chapter 581 of the laws of 2005, amending the
     2  local finance law relating to statutory installment bonds, as amended by
     3  chapter 139 of the laws of 2017, is amended to read as follows:
     4    §  2.  This act shall take effect immediately and shall remain in full
     5  force and effect until September 30, [2020] 2023, at which time it shall
     6  expire and be deemed repealed.
     7    § 2.  This act shall take effect immediately.

     8                                   ITEM C
 
     9    Section 1. Section 2 of chapter 629 of the laws of 2005, amending  the
    10  local  finance law relating to refunding bonds, as amended by chapter 45
    11  of the laws of 2017, is amended to read as follows:
    12    § 2. This act shall take effect immediately and shall  expire  and  be
    13  deemed repealed September 30, [2020] 2023.
    14    § 2. This act shall take effect immediately.
 
    15                                   ITEM D
 
    16    Section  1. Section 3 of chapter 307 of the laws of 2005, amending the
    17  public authorities law relating to the special powers of  the  New  York
    18  state environmental facilities corporation, as amended by chapter 137 of
    19  the laws of 2017, is amended to read as follows:
    20    §  3.  This  act shall take effect immediately and shall expire and be
    21  deemed repealed September 30, [2020] 2023.
    22    § 2. This act shall take effect immediately.
 
    23                                   ITEM E
 
    24    Section 1. Paragraph c of subdivision 1 of section  13-0339-a  of  the
    25  environmental conservation law, as amended by chapter 217 of the laws of
    26  2017, is amended to read as follows:
    27    c.  Atlantic  and shortnose sturgeon (Acipenser oxyrhynchus and brevi-
    28  rostrum)   until   December   thirty-first,   two   thousand    [twenty]
    29  twenty-three,
    30    § 2. This act shall take effect immediately.
 
    31                                   ITEM F
 
    32    Section  1.  Paragraph  a of subdivision 1 of section 13-0339-a of the
    33  environmental conservation law, as amended by chapter 218 of the laws of
    34  2017, is amended to read as follows:
    35    a. Atlantic cod (Gadus morhua) until December thirty-first, two  thou-
    36  sand [twenty] twenty-three,
    37    § 2. This act shall take effect immediately
 
    38                                   ITEM G
 
    39    Section  1.  Paragraph  d of subdivision 1 of section 13-0339-a of the
    40  environmental conservation law, as amended by chapter 219 of the laws of
    41  2017, is amended to read as follows:
    42    d. Atlantic herring (Clupea harengus) until December thirty-first, two
    43  thousand [twenty] twenty-three,
    44    § 2. This act shall take effect immediately.
 
    45                                   ITEM H

        S. 7508--B                         145                        A. 9508--B
 
     1    Section 1. Section 13-0340-f of the environmental conservation law, as
     2  amended by chapter 207 of the laws  of  2017,  is  amended  to  read  as
     3  follows:
     4  § 13-0340-f. Black sea bass (Centropristis striata).
     5    The department may, until December thirty-first, two thousand [twenty]
     6  twenty-three, fix by regulation measures for the management of black sea
     7  bass   (Centropristis   striata),   including  size  limits,  catch  and
     8  possession limits, open and closed seasons, closed  areas,  restrictions
     9  on the manner of taking and landing, requirements for permits and eligi-
    10  bility  therefor, recordkeeping requirements, requirements on the amount
    11  and type of fishing effort and gear and requirements relating to  trans-
    12  portation,  possession  and  sale, provided that such regulations are no
    13  less restrictive  than  requirements  set  forth  in  this  chapter  and
    14  provided  further  that such regulations are consistent with the compli-
    15  ance requirements of applicable fishery management plans adopted by  the
    16  Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
    17  provisions of fishery management plans adopted pursuant to  the  Federal
    18  Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
    19    § 2. This act shall take effect immediately.
 
    20                                   ITEM I
 
    21    Section  1.  Paragraph  g of subdivision 1 of section 13-0339-a of the
    22  environmental conservation law, as amended by chapter 220 of the laws of
    23  2017, is amended to read as follows:
    24    g. blueback herring (Alosa aestivalis)  until  December  thirty-first,
    25  two thousand [twenty] twenty-three,
    26    § 2. This act shall take effect immediately.
 
    27                                   ITEM J

    28    Section  1.  Subdivision  7  of  section  13-0331 of the environmental
    29  conservation law, as amended by chapter 20  of  the  laws  of  2019,  is
    30  amended to read as follows:
    31    7.  The  department  may,  until  December  thirty-first, two thousand
    32  [twenty] twenty-three, fix by regulation measures for the management  of
    33  crabs  of  any  kind  including horseshoe crabs (Limulus sp.), including
    34  size limits, catch and  possession  limits,  open  and  closed  seasons,
    35  closed areas, restrictions on the manner of taking and landing, require-
    36  ments  for permits and eligibility therefor, recordkeeping requirements,
    37  requirements on the amount and type of  fishing  effort  and  gear,  and
    38  requirements  relating  to transportation, possession and sale, provided
    39  that such regulations are no  less  restrictive  than  requirements  set
    40  forth  in  this  chapter  and provided further that such regulations are
    41  consistent  with  the  compliance  requirements  of  applicable  fishery
    42  management plans adopted by the Atlantic States Marine Fisheries Commis-
    43  sion  and with applicable provisions of fishery management plans adopted
    44  pursuant to the Federal Fishery  Conservation  and  Management  Act  (16
    45  U.S.C. § 1800 et seq.).
    46    § 2. This act shall take effect immediately.
 
    47                                   ITEM K
 
    48    Section  1.  Subdivision  3  of  section  13-0360 of the environmental
    49  conservation law, as amended by chapter 209 of  the  laws  of  2017,  is
    50  amended to read as follows:

        S. 7508--B                         146                        A. 9508--B
 
     1    3. Notwithstanding any other provision of this chapter, the department
     2  may,  until  December  thirty-first, two thousand [twenty] twenty-three,
     3  adopt regulations restricting the taking of fish, shellfish and  crusta-
     4  cea  in  any  special management area designated pursuant to subdivision
     5  two of this section.  Such regulations may restrict the manner of taking
     6  of  fish, shellfish and crustacea in such areas and the landing of fish,
     7  shellfish and crustacea which have  been  taken  therefrom.  Such  regu-
     8  lations  shall  be  consistent  with all relevant federal and interstate
     9  fisheries management plans and with the  marine  fisheries  conservation
    10  and management policy set forth in section 13-0105 of this article.
    11    § 2. This act shall take effect immediately.
 
    12                                   ITEM L
 
    13    Section 1. Section 13-0340-b of the environmental conservation law, as
    14  amended  by  chapter  221  of  the  laws  of 2017, is amended to read as
    15  follows:
    16  § 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).
    17    The department may, until December thirty-first, two thousand [twenty]
    18  twenty-three, fix by regulation measures for the management of fluke  or
    19  summer  flounder  (Paralichthys  dentatus), including size limits, catch
    20  and  possession  limits,  open  and  closed   seasons,   closed   areas,
    21  restrictions  on  the  manner  of  taking  and landing, requirements for
    22  permits and eligibility therefor, recordkeeping  requirements,  require-
    23  ments  on  the  amount and type of fishing effort and gear, and require-
    24  ments relating to transportation, possession  and  sale,  provided  that
    25  such  regulations are no less restrictive than requirements set forth in
    26  this chapter and provided further that such regulations  are  consistent
    27  with  the compliance requirements of applicable fishery management plans
    28  adopted by the Atlantic States  Marine  Fisheries  Commission  and  with
    29  applicable  provisions  of  fishery management plans adopted pursuant to
    30  the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et
    31  seq.).
    32    § 2. This act shall take effect immediately.
 
    33                                   ITEM M
 
    34    Section 1. Section 13-0340-e of the environmental conservation law, as
    35  amended by chapter 222 of the laws  of  2017,  is  amended  to  read  as
    36  follows:
    37  § 13-0340-e. Scup (Stenotomus chrysops).
    38    The department may, until December thirty-first, two thousand [twenty]
    39  twenty-three,  fix  by  regulation  measures  for the management of scup
    40  (Stenotomus chrysops),  including  size  limits,  catch  and  possession
    41  limits,  open  and  closed  seasons,  closed  areas, restrictions on the
    42  manner of taking and landing, requirements for permits  and  eligibility
    43  therefor,  recordkeeping  requirements,  requirements  on the amount and
    44  type of fishing effort and gear, and requirements relating to  transpor-
    45  tation,  possession and sale, provided that such regulations are no less
    46  restrictive than requirements set forth in  this  chapter  and  provided
    47  further  that  such  regulations  are  consistent  with  the  compliance
    48  requirements of applicable  fishery  management  plans  adopted  by  the
    49  Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
    50  provisions of fishery management plans adopted pursuant to  the  Federal
    51  Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
    52    § 2. This act shall take effect immediately.

        S. 7508--B                         147                        A. 9508--B
 
     1                                   ITEM N
 
     2    Section  1.  Subdivision  4  of  section  13-0338 of the environmental
     3  conservation law, as amended by chapter 223 of  the  laws  of  2017,  is
     4  amended to read as follows:
     5    4.  The  department  may,  until  December  thirty-first, two thousand
     6  [twenty] twenty-three, fix by regulation measures for the management  of
     7  sharks,  including  size  limits,  catch and possession limits, open and
     8  closed seasons, closed areas, restrictions on the manner of  taking  and
     9  landing,  requirements for permits and eligibility therefor, recordkeep-
    10  ing requirements, requirements on the amount and type of fishing  effort
    11  and  gear,  and  requirements relating to transportation, possession and
    12  sale, provided that  such  regulations  are  no  less  restrictive  than
    13  requirements  set  forth  in this chapter and provided further that such
    14  regulations are consistent with the compliance requirements of  applica-
    15  ble fishery management plans adopted by the Atlantic States Marine Fish-
    16  eries  Commission  and  with applicable provisions of fishery management
    17  plans adopted pursuant to the Federal Fishery Conservation  and  Manage-
    18  ment Act (16 U.S.C. §1800 et seq.).
    19    § 2. This act shall take effect immediately.
 
    20                                   ITEM O
 
    21    Section  1.  Paragraph  h of subdivision 1 of section 13-0339-a of the
    22  environmental conservation law, as amended by chapter 208 of the laws of
    23  2017, is amended to read as follows:
    24    h. squid  (cephalopoda)  until  December  thirty-first,  two  thousand
    25  [twenty] twenty-three, and
    26    § 2. This act shall take effect immediately.
 
    27                                   ITEM P
 
    28    Section  1.  Subdivision  6  of  section  13-0330 of the environmental
    29  conservation law, as amended by chapter 224 of  the  laws  of  2017,  is
    30  amended to read as follows:
    31    6.  The  department  may,  until  December  thirty-first, two thousand
    32  [twenty] twenty-three, fix by regulation measures for the management  of
    33  whelk  or  conch  (Busycon and Busycotypus spp.), including size limits,
    34  catch and possession limits, open  and  closed  seasons,  closed  areas,
    35  restrictions  on  the  manner  of  taking  and landing, requirements for
    36  permits and eligibility therefor, recordkeeping  requirements,  require-
    37  ments  on  the  amount and type of fishing effort and gear, and require-
    38  ments relating to transportation, possession  and  sale,  provided  that
    39  such  regulations are no less restrictive than requirements set forth in
    40  this chapter and provided further that such regulations  are  consistent
    41  with  the compliance requirements of applicable fishery management plans
    42  adopted by the Atlantic States  Marine  Fisheries  Commission  and  with
    43  applicable  provisions  of  fishery management plans adopted pursuant to
    44  the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et
    45  seq.).
    46    § 2. This act shall take effect immediately.
 
    47                                   ITEM Q

        S. 7508--B                         148                        A. 9508--B
 
     1    Section 1. Section 13-0340-c of the environmental conservation law, as
     2  amended by chapter 213 of the laws  of  2017,  is  amended  to  read  as
     3  follows:
     4  § 13-0340-c. Winter flounder (Pleuorenectes americanus).
     5    The department may, until December thirty-first, two thousand [twenty]
     6  twenty-three,  fix  by  regulation measures for the management of winter
     7  flounder (Pleuorenectes americanus), including size  limits,  catch  and
     8  possession  limits,  open and closed seasons, closed areas, restrictions
     9  on the manner of taking and landing, requirements for permits and eligi-
    10  bility therefor, recordkeeping requirements, requirements on the  amount
    11  and type of fishing effort and gear, and requirements relating to trans-
    12  portation,  possession  and  sale, provided that such regulations are no
    13  less restrictive  than  requirements  set  forth  in  this  chapter  and
    14  provided  further  that such regulations are consistent with the compli-
    15  ance requirements of applicable fishery management plans adopted by  the
    16  Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
    17  provisions of fishery management plans adopted pursuant to  the  Federal
    18  Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
    19    § 2. This act shall take effect immediately.
 
    20                                   ITEM R
 
    21    Section 1. Paragraphs a and b and the opening paragraph of paragraph c
    22  of  subdivision  1  of section 13-0328 of the environmental conservation
    23  law, as  amended by chapter 21 of the laws of 2019, are amended to  read
    24  as follows:
    25    a.  for  the  period  beginning  January  first, two thousand eighteen
    26  through December thirty-first, two  thousand  [twenty]  twenty-one,  the
    27  number  of resident commercial food fish licenses and the number of non-
    28  resident commercial food fish licenses shall not  exceed  the  following
    29  annual limits:
    30    (i) for two thousand eighteen, the number of licenses shall be limited
    31  to  the  number of licenses issued in two thousand seventeen, plus fifty
    32  percent of any difference between the number of licenses issued  in  two
    33  thousand seventeen and nine hundred sixty-nine;
    34    (ii) for two thousand nineteen, the number of licenses shall be limit-
    35  ed  to  the  number  of licenses established in subparagraph (i) of this
    36  paragraph; [and]
    37    (iii) for two thousand twenty, the number of licenses shall be limited
    38  to the number of licenses established in subparagraph (i) of this  para-
    39  graph; and
    40    (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
    41  limited to the number of licenses established  in  subparagraph  (i)  of
    42  this paragraph.
    43    b.  for  the  period  beginning January first, two thousand [nineteen]
    44  twenty through December thirty-first, two thousand [twenty]  twenty-one,
    45  persons  who  were issued a commercial food fish license in the previous
    46  year shall be eligible to be issued such license.
    47    for the period beginning January first, two thousand [nineteen] twenty
    48  through December thirty-first, two  thousand  [twenty]  twenty-one,  the
    49  department shall issue commercial food fish licenses to persons who were
    50  not  issued  such  license  in the previous year provided that the total
    51  number of such licenses issued to  such  persons  does  not  exceed  the
    52  difference  between the number of licenses established in paragraph a of
    53  this subdivision and the number of  such  licenses  issued  pursuant  to
    54  paragraph b of this subdivision, subject to the following:

        S. 7508--B                         149                        A. 9508--B
 
     1    §  2.  Subdivisions  2, 3, 4 and 5 of section 13-0328 of  the environ-
     2  mental conservation law, as   amended by chapter  21   of   the laws  of
     3  2019, are amended to read as follows:
     4    2. Commercial lobster permits. Commercial lobster permits provided for
     5  by section 13-0329 of this title shall be issued as follows:
     6    for  the  period  beginning  January  first,  two  thousand [nineteen]
     7  twenty, through December thirty-first, two thousand [twenty] twenty-one,
     8  only persons who were issued a commercial lobster permit in the previous
     9  year shall be eligible to be issued such permit.
    10    3. Commercial crab permits. Commercial crab permits  provided  for  by
    11  section 13-0331 of this title shall be issued as follows:
    12    a.  for  the  period  beginning  January  first, two thousand eighteen
    13  through December thirty-first, two  thousand  [twenty]  twenty-one,  the
    14  number  of  resident commercial crab permits and the number of non-resi-
    15  dent commercial crab permits  shall  not  exceed  the  following  annual
    16  limits:
    17    (i)  for two thousand eighteen, the number of permits shall be limited
    18  to the number of permits issued in two thousand  seventeen,  plus  fifty
    19  percent  of  any  difference between the number of permits issued in two
    20  thousand seventeen and five hundred sixty-three;
    21    (ii) for two thousand nineteen, the number of permits shall be limited
    22  to the number of permits established in subparagraph (i) of  this  para-
    23  graph; [and]
    24    (iii)  for two thousand twenty, the number of permits shall be limited
    25  to the number of permits established in subparagraph (i) of  this  para-
    26  graph; and
    27    (iv)  for  two  thousand  twenty-one,  the number of licenses shall be
    28  limited to the number of licenses established  in  subparagraph  (i)  of
    29  this paragraph.
    30    b.  for  the  period  beginning January first, two thousand [nineteen]
    31  twenty through December thirty-first, two thousand [twenty]  twenty-one,
    32  persons  who  were  issued a commercial crab permit in the previous year
    33  shall be eligible to be issued such permit.
    34    c. for the period beginning January  first,  two  thousand  [nineteen]
    35  twenty  through December thirty-first, two thousand [twenty] twenty-one,
    36  the department shall issue commercial crab permits to persons  who  were
    37  not  issued  such  permit  in  the previous year provided that the total
    38  number of such permits issued  to  such  persons  does  not  exceed  the
    39  difference  between  the number of permits established in paragraph a of
    40  this subdivision and the number of such permits issued pursuant to para-
    41  graph b of this subdivision, subject to the following:
    42    (i) permits shall be issued in the order  in  which  the  applications
    43  were  received,  except that where multiple applications are received by
    44  the department on the same day, applicants for whom the  department  has
    45  received  notice  of successful completion of an apprenticeship pursuant
    46  to subdivision seven of this section shall be considered by the  depart-
    47  ment prior to other applicants;
    48    (ii) permits may be issued to individuals only;
    49    (iii)  permits  shall be issued to applicants who are sixteen years of
    50  age or older at the time of the application; and
    51    (iv) permits shall be issued only to  persons  who  demonstrate  in  a
    52  manner  acceptable to the department that they received an average of at
    53  least fifteen thousand dollars of income over  three  consecutive  years
    54  from  commercial  fishing  or  fishing,  or who successfully complete an
    55  apprenticeship pursuant to subdivision seven of this section. As used in
    56  this subparagraph, "commercial fishing" means the  taking  and  sale  of

        S. 7508--B                         150                        A. 9508--B
 
     1  marine  resources  including  fish, shellfish, crustacea or other marine
     2  biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
     3  passengers  for  hire.  Individuals  who wish to qualify based on income
     4  from  "fishing"  must hold a valid marine and coastal district party and
     5  charter boat license. No more than ten percent  of  the  permits  issued
     6  each  year  based on income eligibility pursuant to this paragraph shall
     7  be issued to applicants who qualify based upon income derived from oper-
     8  ation of or employment by a party or charter boat.
     9    4. Commercial whelk or  conch  licenses.  Commercial  whelk  or  conch
    10  licenses  provided  for by section 13-0330 of this title shall be issued
    11  as follows:
    12    a. for the period  beginning  January  first,  two  thousand  eighteen
    13  through  December  thirty-first,  two  thousand [twenty] twenty-one, the
    14  number of resident commercial whelk or conch licenses and the number  of
    15  non-resident  commercial  whelk  or  conch licenses shall not exceed the
    16  following annual limits:
    17    (i) for two thousand eighteen, the number of licenses shall be limited
    18  to the number of licenses issued in two thousand  seventeen  plus  fifty
    19  percent  of  any difference between the number of licenses issued in two
    20  thousand seventeen and two hundred fifty-two;
    21    (ii) for two thousand nineteen, the number of licenses shall be limit-
    22  ed to the number of licenses established in  subparagraph  (i)  of  this
    23  paragraph; [and]
    24    (iii) for two thousand twenty, the number of licenses shall be limited
    25  to  the number of licenses established in subparagraph (i) of this para-
    26  graph; and
    27    (iv) for two thousand twenty-one, the  number  of  licenses  shall  be
    28  limited  to  the  number  of licenses established in subparagraph (i) of
    29  this paragraph.
    30    b. for the period beginning January  first,  two  thousand  [nineteen]
    31  twenty  through December thirty-first, two thousand [twenty] twenty-one,
    32  persons who were issued a commercial  whelk  or  conch  license  in  the
    33  previous year shall be eligible to be issued such license.
    34    c.  for  the  period  beginning January first, two thousand [nineteen]
    35  twenty through December thirty-first, two thousand [twenty]  twenty-one,
    36  persons  who  were not issued a commercial whelk or conch license in the
    37  previous year shall be eligible to be issued such license provided  that
    38  the  total  number  of  such  licenses  issued to such persons shall not
    39  exceed the difference between the  number  of  licenses  established  in
    40  paragraph  a  of this subdivision and the number of such licenses issued
    41  pursuant to paragraph b of this subdivision, subject to the following:
    42    (i) licenses shall be issued in the order in  which  the  applications
    43  were  received,  except that where multiple applications are received by
    44  the department on the same day, applicants for whom the  department  has
    45  received  notice  of successful completion of an apprenticeship pursuant
    46  to subdivision seven of this section shall be considered by the  depart-
    47  ment prior to other applicants;
    48    (ii) licenses may be issued to individuals only;
    49    (iii)  licenses shall be issued to applicants who are sixteen years of
    50  age or older at the time of the application; and
    51    (iv) licenses shall be issued only to persons  who  demonstrate  in  a
    52  manner  acceptable to the department that they received an average of at
    53  least fifteen thousand dollars of income over  three  consecutive  years
    54  from  commercial  fishing  or  fishing,  or who successfully complete an
    55  apprenticeship pursuant to subdivision seven of this section. As used in
    56  this subparagraph, "commercial fishing" means the  taking  and  sale  of

        S. 7508--B                         151                        A. 9508--B
 
     1  marine  resources  including  fish, shellfish, crustacea or other marine
     2  biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
     3  passengers  for  hire.  Individuals  who wish to qualify based on income
     4  from  "fishing"  must hold a valid marine and coastal district party and
     5  charter boat license. No more than ten percent of  the  licenses  issued
     6  each  year  pursuant to this paragraph shall be issued to applicants who
     7  qualify based upon income derived from operation of or employment  by  a
     8  party or charter boat.
     9    5. Marine and coastal district party and charter boat licenses. Marine
    10  and  coastal  district  party  and charter boat licenses provided for by
    11  section 13-0336 of this title shall be issued as  follows,  except  that
    12  this  subdivision  shall  not  apply to the owner or operator of a party
    13  boat or charter boat whose vessel is classified  by  the  United  States
    14  Coast  Guard  as  an Inspected Passenger Vessel and which is licensed to
    15  carry more than six passengers:
    16    a. for the years two thousand [nineteen] twenty through  two  thousand
    17  [twenty]  twenty-one,  the  annual number of marine and coastal district
    18  party and charter boat licenses issued shall  not  exceed  five  hundred
    19  seventeen.
    20    b.  for  the years two thousand [nineteen] twenty through two thousand
    21  [twenty] twenty-one, persons  who  were  issued  a  marine  and  coastal
    22  district  party  and  charter boat license in the previous year shall be
    23  eligible to be issued such license.
    24    c. for the years two thousand [nineteen] twenty through  two  thousand
    25  [twenty]  twenty-one,  the  department  shall  issue  marine and coastal
    26  district party and charter boat licenses to persons who were not  issued
    27  such  license  in  the  previous year, provided that the total number of
    28  licenses issued does not exceed five hundred seventeen, subject  to  the
    29  following:
    30    (i)  licenses  shall  be issued in the order in which the applications
    31  were received;
    32    (ii) licenses shall be issued only to persons who hold an  Uninspected
    33  Passenger Vessel license issued by the United States Coast Guard.
    34    §  3.  This  act  shall take effect December 31, 2020. Effective imme-
    35  diately, the addition, amendment and/or repeal of any rule or regulation
    36  necessary for the implementation of this act on its effective  date  are
    37  authorized  and  directed  to  be  made  and completed on or before such
    38  effective date.
    39    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    40  sion, section, or item of this subpart shall be adjudged by any court of
    41  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    42  impair,  or  invalidate  the remainder thereof, but shall be confined in
    43  its operation to the clause, sentence, paragraph, subdivision,  section,
    44  or item thereof directly involved in the controversy in which such judg-
    45  ment shall have been rendered. It is hereby declared to be the intent of
    46  the  legislature  that  this  act  would  have been enacted even if such
    47  invalid provisions had not been included herein.
    48    § 3. This act shall take effect immediately  provided,  however,  that
    49  the  applicable effective date of Items A through R of this act shall be
    50  as specifically set forth in the last section of such Items.
 
    51                                  SUBPART B
 
    52    Section 1. This Subpart enacts into law  major  components  of  legis-
    53  lation relating to issues deemed necessary for the state. Each component
    54  is  wholly  contained  within an Item identified as Items A through UUU.

        S. 7508--B                         152                        A. 9508--B
 
     1  The effective date for each particular provision contained  within  such
     2  Item is set forth in the last section of such Item. Any provision in any
     3  section  contained  within  an Item, including the effective date of the
     4  Item,  which  makes  reference  to a section "of this act", when used in
     5  connection with that particular component, shall be deemed to  mean  and
     6  refer  to  the  corresponding  section of the Item in which it is found.
     7  Section three of this Subpart sets forth the general effective  date  of
     8  this Subpart.
 
     9                                   ITEM A
 
    10    Section  1.  Notwithstanding  any  inconsistent  provision of law, any
    11  person who is licensed or certified to practice as a  physician,  physi-
    12  cian's  assistant,  massage therapist, physical therapist, chiropractor,
    13  dentist, optometrist, nurse, nurse practitioner, emergency medical tech-
    14  nician, podiatrist or athletic trainer in another  state  or  territory,
    15  who  is  in  good  standing  in such state or territory and who has been
    16  appointed by the World Triathlon  Corporation  to  provide  professional
    17  services  at  an  event  in this state sanctioned by the World Triathlon
    18  Corporation, may provide such professional services to athletes and team
    19  personnel registered to train at a location in this state or  registered
    20  to compete in an event conducted under the sanction of the World Triath-
    21  lon  Corporation  in  the state without first being licensed pursuant to
    22  the provisions of title 8 of the education law or certified pursuant  to
    23  the  provisions  of  the  public  health law, as may be applicable. Such
    24  services shall be provided only four days before through one  day  after
    25  each of the following events:
    26    a. Ironman Lake Placid scheduled to be held on July 26, 2020; and
    27    b.  Ironman  70.3  Lake  Placid  scheduled to be held on September 13,
    28  2020.
    29    § 2. This act shall take effect immediately and shall  expire  and  be
    30  deemed repealed September 17, 2020.
 
    31                                   ITEM B
 
    32    Section  1.  Section 3 of chapter 510 of the laws of 2013, authorizing
    33  the city of Middletown to enter into a contract to  sell  or  pledge  as
    34  collateral  for  a loan some or all of the delinquent liens held by such
    35  city to a private party or engage a private party to collect some or all
    36  of the delinquent tax liens held by it, as amended by chapter 391 of the
    37  laws of 2017, is amended to read as follows:
    38    § 3. This act shall take effect immediately and shall  expire  and  be
    39  deemed repealed on and after December 31, [2019] 2021.
    40    § 2. This act shall take effect immediately.
 
    41                                   ITEM C
 
    42    Section  1.  Short  title. This act shall be known and may be cited as
    43  the "private activity bond allocation act of 2020".
    44    § 2. Legislative findings  and  declaration.  The  legislature  hereby
    45  finds and declares that the federal tax reform act of 1986 established a
    46  statewide  bond  volume  ceiling  on  the issuance of certain tax exempt
    47  private activity bonds  and  notes  and,  under  certain  circumstances,
    48  governmental  use  bonds  and  notes  issued by the state and its public
    49  authorities, local governments, agencies which issue on behalf of  local
    50  governments,  and  certain  other  issuers.  The  federal tax reform act

        S. 7508--B                         153                        A. 9508--B
 
     1  establishes a formula for the allocation  of  the  bond  volume  ceiling
     2  which  was  subject to temporary modification by gubernatorial executive
     3  order until December 31, 1987. That act also permits state  legislatures
     4  to  establish,  by  statute,  an  alternative formula for allocating the
     5  volume ceiling. Bonds and notes subject to the volume ceiling require an
     6  allocation from the state's annual volume ceiling in  order  to  qualify
     7  for federal tax exemption.
     8    It  is  hereby  declared to be the policy of the state to maximize the
     9  public benefit through the issuance of private activity  bonds  for  the
    10  purposes  of,  among  other  things, allocating a fair share of the bond
    11  volume ceiling upon initial allocation and from a bond reserve to  local
    12  agencies  and for needs identified by local governments; providing hous-
    13  ing and promoting economic  development;  job  creation;  an  economical
    14  energy  supply;  and resource recovery and to provide for an orderly and
    15  efficient volume ceiling allocation process for state and local agencies
    16  by establishing an alternative formula for making such allocations.
    17    § 3. Definitions. As used in this act,  unless  the  context  requires
    18  otherwise:
    19    1. "Bonds" means bonds, notes or other obligations.
    20    2.  "Carryforward"  means  an  amount  of unused private activity bond
    21  ceiling available to an issuer pursuant to an election  filed  with  the
    22  internal revenue service pursuant to section 146(f) of the code.
    23    3. "Code" means the internal revenue code of 1986, as amended.
    24    4. "Commissioner" means the commissioner of the New York state depart-
    25  ment of economic development.
    26    5.  "Covered  bonds" means those tax exempt private activity bonds and
    27  that portion of the non-qualified amount of an issue of governmental use
    28  bonds for which an allocation of the statewide ceiling is  required  for
    29  the  interest  earned  by  holders of such bonds to be excluded from the
    30  gross income of such holders for federal income tax purposes  under  the
    31  code.
    32    6. "Director" means the director of the New York state division of the
    33  budget.
    34    7. "Issuer" means a local agency, state agency or other issuer.
    35    8.  "Local  agency" means an industrial development agency established
    36  or operating pursuant to article 18-A of the general municipal law,  the
    37  Troy industrial development authority and the Auburn industrial develop-
    38  ment authority.
    39    9.  "Other  issuer"  means  any agency, political subdivision or other
    40  entity, other than a local agency or state agency, that is authorized to
    41  issue covered bonds.
    42    10. "Qualified small issue bonds" means qualified small  issue  bonds,
    43  as defined in section 144(a) of the code.
    44    11.  "State  agency"  means  the state of New York, the New York state
    45  energy research and development authority, the New York job  development
    46  authority,  the New York state environmental facilities corporation, the
    47  New York state urban development corporation and its  subsidiaries,  the
    48  Battery  Park  city  authority,  the  port authority of New York and New
    49  Jersey, the power authority of the state  of  New  York,  the  dormitory
    50  authority  of  the state of New York, the New York state housing finance
    51  agency, the state of New York mortgage  agency,  and  any  other  public
    52  benefit  corporation  or public authority designated by the governor for
    53  the purposes of this act.
    54    12. "Statewide ceiling" means for any calendar year the highest  state
    55  ceiling  (as such term is used in section 146 of the code) applicable to
    56  New York state.

        S. 7508--B                         154                        A. 9508--B
 
     1    13. "Future allocations" means allocations of statewide ceiling for up
     2  to two future years.
     3    14. "Multi-year housing development project" means a project (a) which
     4  qualifies  for covered bonds; (b) which is to be constructed over two or
     5  more years and (c) in which at least  twenty  percent  of  the  dwelling
     6  units will be occupied by persons and families of low income.
     7    §  4.  Local  agency  set-aside.  A set-aside of statewide ceiling for
     8  local agencies for any calendar year shall be an amount which bears  the
     9  same  ratio  to  one-third of the statewide ceiling as the population of
    10  the jurisdiction of such local agency bears to  the  population  of  the
    11  entire  state.  The  commissioner  shall  administer allocations of such
    12  set-aside to local agencies.
    13    § 5. State agency set-aside. A set-aside of statewide ceiling for  all
    14  state agencies for any calendar year shall be one-third of the statewide
    15  ceiling.  The director shall administer allocations of such set-aside to
    16  state agencies and may grant an allocation  to  any  state  agency  upon
    17  receipt of an application in such form as the director shall require.
    18    §  6.  Statewide  bond  reserve. One-third of the statewide ceiling is
    19  hereby set aside as a statewide bond reserve to be administered  by  the
    20  director.
    21    1.  Allocation  of  the  statewide  bond reserve among state agencies,
    22  local agencies and other issuers.  The director shall transfer a portion
    23  of the statewide bond reserve to the commissioner for allocation to  and
    24  use  by local agencies and other issuers in accordance with the terms of
    25  this section. The remainder of the statewide bond reserve may  be  allo-
    26  cated  by the director to state agencies in accordance with the terms of
    27  this section.
    28    2. Allocation of statewide bond reserve to  local  agencies  or  other
    29  issuers.
    30    (a)  Local  agencies  or  other  issuers  may at any time apply to the
    31  commissioner for an allocation from the  statewide  bond  reserve.  Such
    32  application shall demonstrate:
    33    (i)  that  the requested allocation is required under the code for the
    34  interest earned on the bonds to be excluded from  the  gross  income  of
    35  bondholders for federal income tax purposes;
    36    (ii)  that  the  local  agency's  remaining unused allocation provided
    37  pursuant to section four of  this  act,  and  other  issuer's  remaining
    38  unused  allocation,  or  any available carryforward will be insufficient
    39  for the specific project or projects for which the reserve allocation is
    40  requested; and
    41    (iii) that, except for those  allocations  made  pursuant  to  section
    42  thirteen  of  this  act  to enable carryforward elections, the requested
    43  allocation is reasonably expected to be used during the  calendar  year,
    44  and the requested future allocation is reasonably expected to be used in
    45  the calendar year to which the future allocation relates.
    46    (b)  In  reviewing  and  approving  or  disapproving applications, the
    47  commissioner shall exercise discretion to ensure an  equitable  distrib-
    48  ution  of  allocations from the statewide bond reserve to local agencies
    49  and other issuers. Prior to making a determination on such applications,
    50  the commissioner shall notify and seek the recommendation of the  presi-
    51  dent  and  chief executive officer of the New York state housing finance
    52  agency in the case of an application related to the issuance  of  multi-
    53  family  housing  or  mortgage  revenue  bonds,  and in the case of other
    54  requests, such state officers, departments, divisions  and  agencies  as
    55  the commissioner deems appropriate.

        S. 7508--B                         155                        A. 9508--B
 
     1    (c)  Applications  for  allocations  shall  be  made  in such form and
     2  contain such information and reports as the commissioner shall require.
     3    (d)  On  or  before September fifteenth of each year, the commissioner
     4  shall publish the total amount of local agency set-aside that  has  been
     5  recaptured  pursuant  to section twelve of this act for that year on the
     6  department of economic development's website.
     7    3. Allocation of statewide bond reserve to state agencies. The  direc-
     8  tor  may make an allocation from the statewide bond reserve to any state
     9  agency. Before making any allocation of statewide bond reserve to  state
    10  agencies the director shall be satisfied:
    11    (a)  that  the  allocation is required under the code for the interest
    12  earned on the bonds to be excluded from the gross income of  bondholders
    13  for federal income tax purposes;
    14    (b)  that  the  state  agency's  remaining  unused allocation provided
    15  pursuant to section five of this act or any available carryforward  will
    16  be  insufficient  to  accommodate  the specific bond issue or issues for
    17  which the reserve allocation is requested; and
    18    (c) that, except for those allocations made pursuant to section  thir-
    19  teen  of  this act to enable carryforward elections, the requested allo-
    20  cation is reasonably expected to be used during the calendar  year,  and
    21  the requested future allocation is reasonably expected to be used in the
    22  calendar year to which the future allocation relates.
    23    §  7. Access to employment opportunities. 1. All issuers shall require
    24  that any new employment opportunities created in connection with  indus-
    25  trial  or manufacturing projects financed through the issuance of quali-
    26  fied small issue bonds shall be listed with the New York  state  depart-
    27  ment  of  labor and with the one-stop career center established pursuant
    28  to the federal Workforce Innovation and Opportunity  Act  (Pub.  L.  No.
    29  113-128)  serving the locality in which the employment opportunities are
    30  being created. Such listing shall be in a manner and form prescribed  by
    31  the  commissioner.  All  issuers  shall further require that for any new
    32  employment opportunities created in connection  with  an  industrial  or
    33  manufacturing  project  financed through the issuance of qualified small
    34  issue bonds by such issuer,  industrial  or  manufacturing  firms  shall
    35  first  consider  persons  eligible to participate in the Workforce Inno-
    36  vation and Opportunity Act (Pub. L. No. 113-128) programs who  shall  be
    37  referred  to the industrial or manufacturing firm by one-stop centers in
    38  local workforce investment areas or by the department of labor.  Issuers
    39  of  qualified  small issue bonds are required to monitor compliance with
    40  the provisions of this section as prescribed by the commissioner.
    41    2. Nothing in this section shall be  construed  to  require  users  of
    42  qualified  small issue bonds to violate any existing collective bargain-
    43  ing agreement with respect to the hiring of new  employees.  Failure  on
    44  the  part  of any user of qualified small issue bonds to comply with the
    45  requirements of this section shall not affect the allocation of  bonding
    46  authority  to  the  issuer  of  the  bonds or the validity or tax exempt
    47  status of such bonds.
    48    § 8. Overlapping jurisdictions. In a geographic area represented by  a
    49  county local agency and one or more sub-county local agencies, the allo-
    50  cation  granted by section four of this act with respect to such area of
    51  overlapping jurisdiction shall be apportioned  one-half  to  the  county
    52  local  agency  and  one-half to the sub-county local agency or agencies.
    53  Where there is a local agency for the benefit of a  village  within  the
    54  geographic  area  of  a  town  for the benefit of which there is a local
    55  agency, the allocation of the village local agency shall be based on the
    56  population of the geographic area of the village, and the allocation  of

        S. 7508--B                         156                        A. 9508--B
 
     1  the  town  local  agency  shall  be  based  upon  the  population of the
     2  geographic area of the town outside of the village.  Notwithstanding the
     3  foregoing, a local agency may surrender all or part  of  its  allocation
     4  for  such  calendar  year  to  another  local agency with an overlapping
     5  jurisdiction. Such surrender shall be made at  such  time  and  in  such
     6  manner as the commissioner shall prescribe.
     7    §  9.  Ineligible local agencies. To the extent that any allocation of
     8  the local agency set-aside would be made by this act to a  local  agency
     9  which  is  ineligible to receive such allocation under the code or under
    10  regulations interpreting the state  volume  ceiling  provisions  of  the
    11  code, such allocation shall instead be made to the political subdivision
    12  for whose benefit that local agency was created.
    13    § 10. Municipal reallocation. The chief executive officer of any poli-
    14  tical  subdivision or, if such political subdivision has no chief execu-
    15  tive officer, the governing board of the political subdivision  for  the
    16  benefit  of  which a local agency has been established, may withdraw all
    17  or any portion of the allocation granted by section four of this act  to
    18  such  local agency. The political subdivision may then reallocate all or
    19  any portion of such allocation, as well as all or  any  portion  of  the
    20  allocation  received  pursuant to section nine of this act, to itself or
    21  any other issuer established for the benefit of that political  subdivi-
    22  sion  or may assign all or any portion of the allocation received pursu-
    23  ant to section nine of this act to the  local  agency  created  for  its
    24  benefit. The chief executive officer or governing board of the political
    25  subdivision,  as  the  case may be, shall notify the commissioner of any
    26  such reallocation.
    27    § 11. Future allocations for multi-year housing development  projects.
    28  1.  In addition to other powers granted under this act, the commissioner
    29  is authorized to make the  following  future  allocations  of  statewide
    30  ceiling  for  any  multi-year  housing development project for which the
    31  commissioner also makes an  allocation  of  statewide  ceiling  for  the
    32  current  year under this act or for which, in the event of expiration of
    33  provisions of this act described in section eighteen  of  this  act,  an
    34  allocation  of volume cap for a calendar year subsequent to such expira-
    35  tion shall have been made under section 146 of the code:   (a) to  local
    36  agencies  from the local agency set-aside (but only with the approval of
    37  the chief executive officer of the political subdivision  to  which  the
    38  local  agency  set-aside  relates  or  the governing body of a political
    39  subdivision having no chief executive officer) and (b) to other  issuers
    40  from  that portion, if any, of the statewide bond reserve transferred to
    41  the commissioner by the director. Any  future  allocation  made  by  the
    42  commissioner shall constitute an allocation of statewide ceiling for the
    43  future  year  specified  by the commissioner and shall be deemed to have
    44  been made on the first day of the future year so specified.
    45    2. In addition to other powers granted under this act, the director is
    46  authorized to make future allocations  of  statewide  ceiling  from  the
    47  state agency set-aside or from the statewide bond reserve to state agen-
    48  cies for any multi-year housing development project for which the direc-
    49  tor  also makes an allocation of statewide ceiling from the current year
    50  under this act or for which, in the event of expiration of provisions of
    51  this act described in section eighteen of this  act,  an  allocation  of
    52  volume  cap for a calendar year subsequent to such expiration shall have
    53  been made under section 146 of the  code,  and  is  authorized  to  make
    54  transfers  of  the statewide bond reserve to the commissioner for future
    55  allocations to other issuers for multi-year housing development projects
    56  for which the commissioner has made an allocation of  statewide  ceiling

        S. 7508--B                         157                        A. 9508--B
 
     1  for  the  current  year.  Any  such future allocation or transfer of the
     2  statewide bond reserve for future allocation made by the director  shall
     3  constitute  an allocation of statewide ceiling or transfer of the state-
     4  wide  bond  reserve  for  the future years specified by the director and
     5  shall be deemed to have been made on the first day of the future year so
     6  specified.
     7    3. (a) If an allocation made with  respect  to  a  multi-year  housing
     8  development  project  is  not used by September fifteenth of the year to
     9  which the allocation relates, the allocation with respect  to  the  then
    10  current  year  shall  be  subject  to  recapture  in accordance with the
    11  provisions of section twelve of this act, and in the  event  of  such  a
    12  recapture,  unless  a carryforward election by another issuer shall have
    13  been approved by the commissioner or a carryforward election by a  state
    14  agency  shall have been approved by the director, all future allocations
    15  made with respect to such project pursuant to subdivision one or two  of
    16  this section shall be canceled.
    17    (b) The commissioner and the director shall have the authority to make
    18  future allocations from recaptured current year allocations and canceled
    19  future  allocations  to  multi-year  housing  development  projects in a
    20  manner consistent with the provisions of this act. Any such future allo-
    21  cation shall, unless a carryforward election  by  another  issuer  shall
    22  have  been  approved by the commissioner or a carryforward election by a
    23  state agency shall have been approved by the director,  be  canceled  if
    24  the  current year allocation for the project is not used by December 31,
    25  2021.
    26    (c) The commissioner  and  the  director  shall  establish  procedures
    27  consistent  with  the provisions of this act relating to carryforward of
    28  future allocations.
    29    4. The aggregate future allocations from either of the two  succeeding
    30  years  shall  not exceed six hundred fifty million dollars for each such
    31  year.
    32    § 12. Year end allocation recapture. On or before September  first  of
    33  each year, each state agency shall report to the director and each local
    34  agency and each other issuer shall report to the commissioner the amount
    35  of  bonds subject to allocation under this act that will be issued prior
    36  to the end of the then current calendar year,  and  the  amount  of  the
    37  issuer's  then total allocation that will remain unused. As of September
    38  fifteenth of each year, the unused portion of each  local  agency's  and
    39  other  issuer's  then  total  allocation as reported and the unallocated
    40  portion of the set-aside for state  agencies  shall  be  recaptured  and
    41  added  to the statewide bond reserve and shall no longer be available to
    42  covered bond issuers except as otherwise provided herein. From September
    43  fifteenth through the end of the year, each local agency or other issuer
    44  having an allocation shall immediately report to  the  commissioner  and
    45  each  state  agency having an allocation shall immediately report to the
    46  director any changes to the status of its allocation or  the  status  of
    47  projects  for  which  allocations have been made which should affect the
    48  timing or likelihood of the issuance of covered bonds therefor.  If  the
    49  commissioner  determines that a local agency or other issuer has overes-
    50  timated the amount of covered bonds subject to allocation that  will  be
    51  issued  prior  to  the  end  of  the calendar year, the commissioner may
    52  recapture the amount of the allocation to such  local  agency  or  other
    53  issuer  represented by such overestimation by notice to the local agency
    54  or other issuer, and add such allocation to the statewide bond  reserve.
    55  The  director  may  likewise  make such determination and recapture with
    56  respect to state agency allocations.

        S. 7508--B                         158                        A. 9508--B
 
     1    § 13. Allocation carryforward. 1. No  local  agency  or  other  issuer
     2  shall  make  a  carryforward  election  utilizing  any unused allocation
     3  (pursuant to section 146(f) of the code) without the prior  approval  of
     4  the  commissioner.  Likewise  no state agency shall make or file such an
     5  election,  or  elect  to  issue  or carryforward mortgage credit certif-
     6  icates, without the prior approval of the director.
     7    2. On or before November fifteenth of each  year,  each  state  agency
     8  seeking  unused  statewide  ceiling for use in future years shall make a
     9  request for an allocation for a  carryforward  to  the  director,  whose
    10  approval shall be required before a carryforward election is filed by or
    11  on behalf of any state agency. A later request may also be considered by
    12  the  director, who may file a carryforward election for any state agency
    13  with the consent of such agency.
    14    3. On or before November fifteenth of each year, each local agency  or
    15  other  issuer  seeking  unused statewide ceiling for use in future years
    16  shall make a request for an allocation for a carryforward to the commis-
    17  sioner, whose approval shall be required before a carryforward  election
    18  is  filed  by or on behalf of any local or other agency. A later request
    19  may also be considered by the commissioner.
    20    4. On or before January fifteenth of each  year,  the  director  shall
    21  publish the total amount of unused statewide ceiling from the prior year
    22  on the division of budget's website.
    23    §  14. New York state bond allocation policy advisory panel. 1.  There
    24  is hereby created a policy advisory panel and process to provide  policy
    25  advice  regarding the priorities for distribution of the statewide ceil-
    26  ing.
    27    2. The panel  shall  consist  of  five  members,  one  designee  being
    28  appointed  by each of the following:  the governor, the temporary presi-
    29  dent of the senate, the speaker of the assembly, the minority leader  of
    30  the  senate and the minority leader of the assembly. The designee of the
    31  governor shall chair the panel. The panel shall monitor  the  allocation
    32  process through the year, and in that regard, the division of the budget
    33  and  the  department  of economic development shall assist and cooperate
    34  with the panel as provided in this section. The advisory  process  shall
    35  operate  through  the  issuance  of  advisory opinions by members of the
    36  panel as provided in subdivisions six and seven of this section. A meet-
    37  ing may be held at the call of the chair with the unanimous  consent  of
    38  the members.
    39    3.  (a)  Upon  receipt  of  a  request for allocation or a request for
    40  approval of a carryforward election from the statewide  reserve  from  a
    41  local  agency or other issuer, the commissioner shall, within five work-
    42  ing days, notify the panel of such request and provide  the  panel  with
    43  copies of all application materials submitted by the applicant.
    44    (b) Upon receipt of a request for allocation or a request for approval
    45  of carryforward election from the statewide reserve from a state agency,
    46  the  director  shall, within five working days, notify the panel of such
    47  request and provide the panel with copies of all  application  materials
    48  submitted by the applicant.
    49    4.  (a)  Following  receipt  of  a request for allocation from a local
    50  agency or other issuer, the commissioner shall notify  the  panel  of  a
    51  decision  to approve or exclude from further consideration such request,
    52  and the commissioner shall state the reasons. Such notification shall be
    53  made with or after the  transmittal  of  the  information  specified  in
    54  subdivision  three of this section and at least five working days before
    55  formal notification is made to the applicant.

        S. 7508--B                         159                        A. 9508--B
 
     1    (b) Following receipt of a request for allocation from a state agency,
     2  the director shall notify the panel of a decision to approve or  exclude
     3  from  further  consideration  such request, and shall state the reasons.
     4  Such notification shall be made with or after the  transmission  of  the
     5  information  specified in subdivision three of this section and at least
     6  five working days before formal notification is made to the state  agen-
     7  cy.
     8    5.  The  requirements  of  subdivisions three and four of this section
     9  shall not apply to adjustments to allocations due to bond sizing  chang-
    10  es.
    11    6.  In  the  event  that  any  decision  to approve or to exclude from
    12  further consideration a request for allocation is made within ten  work-
    13  ing days of the end of the calendar year and in the case of all requests
    14  for consent to a carryforward election, the commissioner or director, as
    15  is  appropriate,  shall  provide  the  panel  with  the longest possible
    16  advance notification of the action, consistent with the requirements  of
    17  the  code,  and  shall,  wherever  possible, solicit the opinions of the
    18  members of the panel before formally  notifying  any  applicant  of  the
    19  action.  Such  notification  may  be made by means of telephone communi-
    20  cation to the members or by  written  notice  delivered  to  the  Albany
    21  office of the appointing authority of the respective members.
    22    7.  Upon  notification by the director or the commissioner, any member
    23  of the panel may, within five working days, notify the  commissioner  or
    24  the director of any policy objection concerning the expected action.  If
    25  three  or  more  members  of the panel shall submit policy objections in
    26  writing to the intended action, the commissioner or the  director  shall
    27  respond  in writing to the objection prior to taking the intended action
    28  unless exigent circumstances make it  necessary  to  respond  after  the
    29  action has been taken.
    30    8. On or before the first day of July, in any year, the director shall
    31  report to the members of the New York state bond allocation policy advi-
    32  sory  panel  on the actual utilization of volume cap for the issuance of
    33  bonds during the prior calendar year and the amount of  such  cap  allo-
    34  cated  for  carryforwards  for  future  bond  issuance. The report shall
    35  include, for each local agency or other issuer and each state agency the
    36  initial allocation, the amount of bonds  issued  subject  to  the  allo-
    37  cation,  the amount of the issuer's allocation that remained unused, the
    38  allocation of the statewide bond reserve, carryforward  allocations  and
    39  recapture  of allocations. Further, the report shall include projections
    40  regarding private activity bond issuance for state and local issuers for
    41  the calendar year,  as  well  as  any  recommendations  for  legislative
    42  action.  The  director shall publish the report on the division of budg-
    43  et's website concurrently with the release of the report to the panel.
    44    § 15. Severability. If any clause, sentence,  paragraph,  section,  or
    45  item  of this subpart shall be adjudged by any court of competent juris-
    46  diction to be invalid, such judgment shall not affect, impair, or inval-
    47  idate the remainder thereof, but shall be confined in its  operation  to
    48  the  clause,  sentence,  paragraph,  section,  or  item thereof directly
    49  involved in the controversy in  which  such  judgment  shall  have  been
    50  rendered.
    51    §  16.  Notwithstanding any provisions of this act to the contrary (1)
    52  provided that a local agency or other issuer certifies  to  the  commis-
    53  sioner  on or before October 1, 2020 that it has issued private activity
    54  bonds described in this act and the amount thereof which used  statewide
    55  ceiling,  a  commitment  or  allocation  of statewide ceiling to a local
    56  agency or other issuer made to or so used by such local agency or  other

        S. 7508--B                         160                        A. 9508--B
 
     1  issuer  pursuant to the federal tax reform act of 1986 on or after Janu-
     2  ary 1, 2020 and prior to the effective date of this act,  in  an  amount
     3  which  exceeds the local agency set-aside established by section four of
     4  this act, shall be first chargeable to the statewide bond reserve estab-
     5  lished  pursuant  to  section  six  of this act, and (2) a commitment or
     6  allocation of statewide ceiling to a state agency made  to  or  used  by
     7  such  agency  pursuant  to  the internal revenue code, as amended, on or
     8  after January 1, 2020 and prior to the effective date of this act, shall
     9  be first chargeable to the state agency set-aside  established  pursuant
    10  to  section  five  of  this  act, and, thereafter, to the statewide bond
    11  reserve established by section six of this act.
    12    § 17. Nothing contained in this act  shall  be  deemed  to  supersede,
    13  alter  or  impair any allocation used by or committed by the director or
    14  commissioner to a state or local agency or other issuer pursuant to  the
    15  federal  tax  reform act of 1986 and prior to the effective date of this
    16  act.
    17    § 18. This act shall take effect immediately; provided, however,  that
    18  sections  three, four, five, six, seven, eight, nine, ten, twelve, thir-
    19  teen and fourteen of this act shall expire July 1, 2022 when  upon  such
    20  date  the  provisions  of such sections shall be deemed repealed; except
    21  that the provisions of subdivisions two and three of section thirteen of
    22  this act shall expire and be deemed repealed February 15, 2022.
 
    23                                   ITEM D
 
    24    Section 1. Section 3 of chapter 448 of the laws of 2017, amending  the
    25  canal  law  relating  to  the  upstate  flood  mitigation task force, is
    26  amended to read as follows:
    27    § 3. This act shall take effect immediately; provided,  however,  that
    28  section  139-d  of  the  canal law, as added by section one of this act,
    29  shall take effect April 1, 2018; and provided, further,  that  this  act
    30  shall expire and be deemed repealed March 31, [2020] 2021.
    31    § 2. This act shall take effect immediately.
 
    32                                   ITEM E
 
    33                            Intentionally Omitted
 
    34                                   ITEM F
 
    35                            Intentionally Omitted
 
    36                                   ITEM G
 
    37                            Intentionally Omitted
 
    38                                   ITEM H
 
    39                            Intentionally Omitted
 
    40                                   ITEM I

        S. 7508--B                         161                        A. 9508--B
 
     1                            Intentionally Omitted
 
     2                                   ITEM J
 
     3                            Intentionally Omitted
 
     4                                   ITEM K

     5    Section  1.  Section 3 of chapter 454 of the laws of 2010 amending the
     6  vehicle and traffic law relating  to  authorizing  a  pilot  residential
     7  parking  permit  system in the city of Albany, as amended by chapter 243
     8  of the laws of 2018, is amended to read as follows:
     9    § 3. This act shall take effect immediately and shall remain  in  full
    10  force  and effect for a period of [eight] nine years after the implemen-
    11  tation of the local law or ordinance  adopted  by  the  city  of  Albany
    12  pursuant  to  section  1640-m of the vehicle and traffic law as added by
    13  section two of this act at which time  this  act  shall  expire  and  be
    14  deemed repealed.
    15    § 2. This act shall take effect immediately.
 
    16                                   ITEM L
 
    17    Section  1.  Section  3  of  chapter 465 of the laws of 1994, amending
    18  chapter 285 of the laws of 1891 relating to charging a fee for admission
    19  to the New York Botanical Garden, as amended by chapter 120 of the  laws
    20  of 2014, is amended to read as follows:
    21    §  3.  This  act  shall take effect immediately and shall be deemed to
    22  have been in full force and effect on and after April 30, 1994; provided
    23  that:
    24    (a) the amendment made by section one of this act shall expire and  be
    25  deemed repealed on May 1, [2020] 2025; and
    26    (b) section two of this act shall take effect on May 1, [2020] 2025.
    27    § 2. This act shall take effect immediately.
 
    28                                   ITEM M
 
    29    Section 1. Sections 5 and 6 of chapter 414 of the laws of 2018, creat-
    30  ing the radon task force, as amended by chapter 225 of the laws of 2019,
    31  are amended to read as follows:
    32    §  5.  A  report of the findings and recommendations of the task force
    33  and any proposed legislation necessary to implement such findings  shall
    34  be  filed  with the governor, the temporary president of the senate, the
    35  speaker of the assembly, the minority leader  of  the  senate,  and  the
    36  minority  leader  of the assembly on or before November first, two thou-
    37  sand [twenty] twenty-one.
    38    § 6. This act shall take effect immediately and shall  expire  and  be
    39  deemed repealed December 31, [2020] 2021.
    40    § 2. This act shall take effect immediately.
 
    41                                   ITEM N
 
    42    Section  1.  Section 3 of chapter 435 of the laws of 2014 amending the
    43  environmental conservation law relating to defining spearguns and allow-
    44  ing recreational spearfishing in New York's marine and  coastal  waters,

        S. 7508--B                         162                        A. 9508--B
 
     1  as  amended  by  chapter  66  of the laws of 2017, is amended to read as
     2  follows:
     3    §  3.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law and shall expire and be deemed repealed June 1, [2020]
     5  2023.
     6    § 2. This act shall take effect immediately.
 
     7                                   ITEM O
 
     8    Section 1. Section 4 of chapter 330 of the laws of 2014, amending  the
     9  environmental  conservation  law  relating  to aquatic invasive species,
    10  spread prevention, and penalties, as amended by chapter 81 of  the  laws
    11  of 2019, is amended to read as follows:
    12    §  4. This act shall take effect one year after it shall have become a
    13  law, and shall expire and  be  deemed  repealed  June  1,  [2020]  2021.
    14  Effective  immediately,  the  addition,  amendment, and/or repeal of any
    15  rule or regulation necessary for the timely implementation of  this  act
    16  on  its effective date is authorized to be made on or before such effec-
    17  tive date.
    18    § 2. This act shall take effect immediately.
 
    19                                   ITEM P
 
    20    Section 1. Section 11 of part B of chapter 104 of the  laws  of  2005,
    21  enacting the September 11th worker protection task force act, as amended
    22  by chapter 45 of the laws of 2015, is amended to read as follows:
    23    §  11. This act shall take effect September 11, 2005, and shall expire
    24  and be deemed repealed on June 10, [2020] 2025.
    25    § 2. This act shall take effect immediately.
 
    26                                   ITEM Q

    27    Section 1. Section 4 of chapter 266 of the laws of 1981, amending  the
    28  civil practice law and rules relating to time limitations, as amended by
    29  chapter 82 of the laws of 2018, is amended to read as follows:
    30    §  4.  Every  cause of action for an injury or death caused by contact
    31  with or exposure to phenoxy herbicides while serving as a member of  the
    32  armed  forces  of the United States in Indo-China from February 28, 1961
    33  through May 7, 1975, which is or would be barred prior to June 16, 1985,
    34  because the applicable  period  of  limitation  has  expired  is  hereby
    35  revived  and extended and any action thereon may be commenced and prose-
    36  cuted provided such action is commenced not later than June  16,  [2020]
    37  2022.
    38    § 2. This act shall take effect immediately.
 
    39                                   ITEM R

    40    Section  1. Section 3 of chapter 455 of the laws of 1997, amending the
    41  New York city civil court act and  the  civil  practice  law  and  rules
    42  relating  to  authorizing  New  York  city marshals to exercise the same
    43  functions, powers and duties as sheriffs with respect to  the  execution
    44  of  money  judgments,  as  amended by chapter 47 of the laws of 2019, is
    45  amended to read as follows:
    46    § 3. This act shall take effect immediately and shall remain  in  full
    47  force  and  effect  only  until June 30, [2020] 2021 when upon such date
    48  this act shall be deemed repealed.

        S. 7508--B                         163                        A. 9508--B
 
     1    § 2. This act shall take effect immediately.
 
     2                                   ITEM S
 
     3    Section  1.  Section 2 of chapter 490 of the laws of 2017 amending the
     4  insurance law relating to limits on certain supplementary  insurance  is
     5  amended to read as follows:
     6    § 2. This act shall take effect on the one hundred eightieth day after
     7  it  shall  have  become a law, and shall apply to new insurance policies
     8  and contracts issued on and after such effective date and  shall  expire
     9  and be deemed repealed June 30, [2020] 2023.
    10    § 2. This act shall take effect immediately.
 
    11                                   ITEM T
 
    12    Section 1. Section 54.50 of the local finance law, as amended by chap-
    13  ter 74 of the laws of 2019, is amended to read as follows:
    14    § 54.50 Costs of sales; county of Erie. To facilitate the marketing of
    15  any  issue  of  serial bonds or notes of the county of Erie issued on or
    16  before June thirtieth, two thousand [twenty] twenty-one such county may,
    17  notwithstanding any limitations on private sales of  bonds  provided  by
    18  law,  and  subject to approval by the state comptroller of the terms and
    19  conditions of such sale:
    20    a. arrange for the underwriting of its bonds or notes at private  sale
    21  through  negotiated  agreement, compensation for such underwriting to be
    22  provided by negotiated fee or by sale of  such  bonds  or  notes  to  an
    23  underwriter  at  a  price  less  than  the  sum of par value of, and the
    24  accrued interest on, such obligations; or
    25    b. arrange for the private sale of its bonds or notes through  negoti-
    26  ated agreement, compensation for such sales to be provided by negotiated
    27  fee,  if  required.  The  cost of such underwriting or private placement
    28  shall be deemed a preliminary cost for purposes of section 11.00 of this
    29  chapter.
    30    § 2. This act shall take effect immediately.

    31                                   ITEM U
 
    32    Section 1. Section 2 of chapter 846 of the laws of 1970, amending  the
    33  county  law  relating  to payment in lieu of taxes for property acquired
    34  for park or recreational purposes, as amended by chapter 41 of the  laws
    35  of 2015, is amended to read as follows:
    36    §  2.  This  act shall take effect July 1, 1970 but shall be operative
    37  only to and including June 30, [2020] 2025.
    38    § 2. This act shall take effect immediately.
 
    39                                   ITEM V
 
    40    Section 1. Section 3 of chapter 821 of the laws of 1970  amending  the
    41  town  law relating to payment in lieu of taxes for property acquired for
    42  park or recreational purposes by the town of Hempstead,  as  amended  by
    43  chapter 38 of the laws of 2015, is amended to read as follows:
    44    §  3.  This  act shall take effect July 1, 1970 but shall be operative
    45  only to and including June 30, [2020] 2025.
    46    § 2. This act shall take effect immediately.
 
    47                                   ITEM W

        S. 7508--B                         164                        A. 9508--B
 
     1    Section 1. Section 2 of chapter 20 of the laws of 1998,  amending  the
     2  education  law  relating  to the provision of physical therapy assistant
     3  services in public and private primary and secondary schools, as amended
     4  by chapter 27 of the laws of 2015, is amended to read as follows:
     5    § 2. This act shall take effect immediately and shall remain in effect
     6  until  June  30,  [2020] 2025 when upon such date the provisions of this
     7  act shall expire and be deemed repealed.
     8    § 2. This act shall take effect immediately.
 
     9                                   ITEM X
 
    10    Section 1. Section 3 of chapter 549 of the laws of 1994, amending  the
    11  public  authorities  law  relating  to the membership composition of the
    12  metropolitan transportation authority board, as amended by section 1  of
    13  part J of chapter 73 of the laws of 2016, is amended to read as follows:
    14    §  3.  This act shall take effect January 1, 1995 and shall expire and
    15  be deemed repealed on June 30,  [2020]  2024  and  upon  such  date  the
    16  provisions  of law amended by this act shall revert to and be read as if
    17  the provisions of this act had not been enacted.
    18    § 2. This act shall take effect immediately.
 
    19                                   ITEM Y
 
    20    Section 1. Section 4 of part H1 of chapter 62 of  the  laws  of  2003,
    21  amending  the  public  service law relating to establishing the New York
    22  telecommunications relay service center, as amended by  chapter  291  of
    23  the laws of 2017, is amended to read as follows:
    24    §  4.  This act shall take effect on April 1, 2003, provided, however,
    25  if this act shall become a law after such  date  it  shall  take  effect
    26  immediately and shall be deemed to have been in full force and effect on
    27  and  after  April 1, 2003, provided, further, that section three of this
    28  act shall expire on June 30, [2020] 2024.
    29    § 2. This act shall take effect immediately.
 
    30                                   ITEM Z
 
    31    Section 1. Section 4 of part U of chapter 55  of  the  laws  of  2014,
    32  amending  the  real  property  tax law relating to the tax abatement and
    33  exemption for rent regulated and rent controlled  property  occupied  by
    34  senior citizens, as amended by section 1 of part EE of chapter 54 of the
    35  laws of 2016, is amended to read as follows:
    36    § 4. This act shall take effect July 1, 2014, and sections one and two
    37  of  this  act  shall expire and be deemed repealed June 30, [2020] 2022;
    38  provided that the amendment to section 467-b of the  real  property  tax
    39  law  made  by section one of this act shall not affect the expiration of
    40  such section and shall be deemed to expire therewith.
    41    § 2. Section 4 of chapter 129 of the laws of 2014, amending  the  real
    42  property  tax  law  relating to the tax abatement and exemption for rent
    43  regulated and rent controlled property occupied by persons with disabil-
    44  ities, as amended by section 3 of part EE of chapter 54 of the  laws  of
    45  2016, is amended to read as follows:
    46    § 4. This act shall take effect July 1, 2014 provided, however, that:
    47    (a) the amendments to paragraph b of subdivision 3 of section 467-b of
    48  the  real  property  tax  law  made  by section one of this act shall be
    49  subject to the expiration and reversion of such subdivision pursuant  to
    50  section  17  of  chapter  576 of the laws of 1974, as amended, when upon

        S. 7508--B                         165                        A. 9508--B
 
     1  such date the provisions of section two of this act shall  take  effect;
     2  and
     3    (b)  nothing  contained in this act shall be construed so as to extend
     4  the provisions of this act beyond June 30, [2020] 2022, when  upon  such
     5  date  this  act  shall  expire  and the provisions contained in this act
     6  shall be deemed repealed.
     7    § 3. This act shall take effect immediately.

     8                                   ITEM AA
 
     9    Section 1. Section 2 of chapter 427 of the laws of 2017  amending  the
    10  state  technology  law  relating  to the creation of a state information
    11  technology innovation center, is amended to read as follows:
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have  become  a  law  and  shall  expire and be deemed repealed June 30,
    14  [2020] 2024.
    15    § 2. This act shall take effect immediately.
 
    16                                   ITEM BB
 
    17    Section 1. Section 2 of chapter 606 of the laws of 2006  amending  the
    18  volunteer  firefighters'  benefit law relating to creating a presumption
    19  relating to certain lung disabilities incurred by  volunteer  firefight-
    20  ers, as amended by chapter 25 of the laws of 2015, is amended to read as
    21  follows:
    22    §  2.  This  act shall take effect immediately and shall expire and be
    23  deemed repealed June 30, [2020] 2025.
    24    § 2. This act shall take effect immediately.
 
    25                                   ITEM CC
 
    26    Section 1. Section 4 of chapter 668 of the laws of 1977, amending  the
    27  volunteer  firefighters'  benefit  law  relating  to  disability  due to
    28  disease or malfunction of the heart or coronary arteries, as amended  by
    29  chapter 26 of the laws of 2015, is amended to read as follows:
    30    §  4.  The  provisions of section two of this act shall remain in full
    31  force and effect to and including the  thirtieth  day  of  June,  [2020]
    32  2025.
    33    § 2. This act shall take effect immediately.
 
    34                                   ITEM DD
 
    35    Section  1. Section 3 of chapter 217 of the laws of 2015, amending the
    36  education law relating to certified  school  psychologists  and  special
    37  education services and programs for preschool children with handicapping
    38  conditions,  as amended by chapter 68 of the laws of 2018, is amended to
    39  read as follows:
    40    § 3. This act shall take effect immediately and  shall  be  deemed  to
    41  have  been in full force and effect on and after July 1, 2014, provided,
    42  however that the provisions of this  act  shall  expire  and  be  deemed
    43  repealed June 30, [2020] 2022.
    44    § 2. This act shall take effect immediately.
 
    45                                   ITEM EE

        S. 7508--B                         166                        A. 9508--B
 
     1    Section  1.  Chapter  192 of the laws of 2011, relating to authorizing
     2  certain health care professionals licensed to practice in  other  juris-
     3  dictions  to  practice  in  this state in connection with an event sanc-
     4  tioned by New York Road Runners, as amended by chapter 80 of the laws of
     5  2019, is amended to read as follows:
     6    Section  1.  Notwithstanding  any  inconsistent  provision of law, any
     7  person who is licensed to practice as a physician,  physician's  assist-
     8  ant, massage therapist, physical therapist, chiropractor, dentist, opto-
     9  metrist, nurse, nurse practitioner, certified athletic trainer or podia-
    10  trist  in  another  state  or territory, who is in good standing in such
    11  state or territory and who has been  appointed  by  the  New  York  Road
    12  Runners to provide professional services at an event in this state sanc-
    13  tioned  by  the  New  York  Road  Runners, may provide such professional
    14  services to athletes  and  team  personnel  registered  to  train  at  a
    15  location  in  this  state or registered to compete in an event conducted
    16  under the sanction of the New York Road Runners  in  the  state  without
    17  first being licensed pursuant to the provisions of title 8 of the educa-
    18  tion  law. Such services shall be provided only four days before through
    19  one day after each of the following events:
    20    a. the Staten Island half marathon scheduled to be  held  on  [October
    21  13, 2019] a date in 2020;
    22    b.  the  New  York  city marathon scheduled to be held on [November 3,
    23  2019] a date in 2020;
    24    c. the Brooklyn half marathon scheduled to be held on  [May  18,  2019
    25  and May 16, 2020 ] a date in 2020 and on May 15, 2021;
    26    d.  the  Bronx  half  marathon  scheduled to be held on [September 29,
    27  2019] a date in 2020;
    28    e. the Queens 10k scheduled to be held on [June 15, 2019]  a  date  in
    29  2020; and
    30    f.  the New York city half marathon scheduled to be held on [March 17,
    31  2019 and March 15, 2020] a date in 2020 and on March 14, 2021.
    32    § 2. This act shall take effect immediately and shall  expire  and  be
    33  deemed repealed June 30, [2020] 2021.
    34    §  2.  This  act  shall take effect immediately and shall be deemed to
    35  have been in effect on and after January  1,  2020;  provided  that  the
    36  amendments  to  section  1  of  chapter 192 of the laws of 2011, made by
    37  section one of this act, shall not affect the expiration of such section
    38  and shall be deemed repealed therewith.
 
    39                                   ITEM FF

    40    Section 1. Section 11 of chapter 378 of the laws of 2010 amending  the
    41  education  law relating to paperwork reduction, as amended by chapter 49
    42  of the laws of 2015, is amended to read as follows:
    43    § 11. This act shall take effect immediately; provided, however,  that
    44  the  commissioner of education shall promulgate any rules or regulations
    45  necessary to implement the provisions of this act on or before  July  1,
    46  2010;  provided,  further  that  if  section  ten of this act shall take
    47  effect after July 1, 2010 it shall be deemed to have been in full  force
    48  and  effect on and after July 1, 2010; and provided further that section
    49  ten of this act shall expire and be deemed repealed on June  30,  [2020]
    50  2025.
    51    § 2. This act shall take effect immediately.
 
    52                                   ITEM GG

        S. 7508--B                         167                        A. 9508--B
 
     1    Section 1. Section 54.40 of the local finance law, as amended by chap-
     2  ter 71 of the laws of 2019, is amended to read as follows:
     3    §  54.40  Bonds  and  notes  of  the  city  of Yonkers. Subject to the
     4  provisions of the New York state financial  emergency  act  of  nineteen
     5  hundred eighty-four for the city of Yonkers, to facilitate the marketing
     6  of  any  issue of serial bonds or notes of the city of Yonkers issued on
     7  or before June thirtieth, two thousand [twenty]  twenty-one,  such  city
     8  may,  notwithstanding any limitations on private sales of bonds provided
     9  by law, and subject to approval by the state comptroller  of  the  terms
    10  and  conditions  of  such  sale: (a) arrange for the underwriting of its
    11  bonds or notes at private sale  through  negotiated  agreement,  compen-
    12  sation for such underwriting to be provided by negotiated fee or by sale
    13  of such bonds or notes to an underwriter at a price of less than the sum
    14  of  par  value of, and the accrued interest on, such obligations; or (b)
    15  arrange for the private sale of its bonds or  notes  through  negotiated
    16  agreement, compensation for such sales to be provided by negotiated fee,
    17  if required. The cost of such underwriting or private placement shall be
    18  deemed a preliminary cost for purposes of section 11.00 of this article.
    19    § 2. This act shall take effect immediately.
 
    20                                   ITEM HH
 
    21    Section 1. Section 54.30 of the local finance law, as amended by chap-
    22  ter 77 of the laws of 2019, is amended to read as follows:
    23    §  54.30  Costs  of  sales;  bonds  and  notes of the city of Buffalo.
    24  Subject to the provisions of chapter one hundred twenty-two of the  laws
    25  of  two  thousand three creating the Buffalo fiscal stability authority,
    26  to facilitate the marketing of any issue of serial bonds or notes of the
    27  city of Buffalo issued on or before June thirtieth, two thousand  [twen-
    28  ty]  twenty-one,  such  city  may,  notwithstanding  any  limitations on
    29  private sales of bonds provided by law, and subject to approval  by  the
    30  state  comptroller of the terms and conditions of such sale: (a) arrange
    31  for the underwriting of its bonds or notes at private sale through nego-
    32  tiated agreement, compensation for such underwriting to be  provided  by
    33  negotiated  fee or by sale of such bonds or notes to an underwriter at a
    34  price of less than the sum of par value of, and the accrued interest on,
    35  such obligations; or (b) arrange for the private sale of  its  bonds  or
    36  notes  through  negotiated  agreement, compensation for such sales to be
    37  provided by negotiated fee, if required. The cost of  such  underwriting
    38  or  private placement shall be deemed a preliminary cost for purposes of
    39  section 11.00 of this article.
    40    § 2. This act shall take effect immediately.
 
    41                                   ITEM II
 
    42    Section 1. Subdivision 8 of section 9 of chapter 401 of  the  laws  of
    43  2002, amending the real property tax law and the  Nassau county adminis-
    44  trative  code  relating  to  assessment and review of assessments in the
    45  county of Nassau, as amended by chapter 84  of  the  laws  of  2018,  is
    46  amended to read as follows:
    47    8.  Notwithstanding  the foregoing provisions of this act, on June 30,
    48  [2020] 2022, the amendments of sections 6-2.1 and 6-13.0 of  the  Nassau
    49  county  administrative  code, made by sections two and four of this act,
    50  and section 6-24.1 of such code, as added by section seven of this  act,
    51  shall  be  deemed  repealed. On such date the addition of the words "the
    52  year following" to the first sentence of subdivision 8 of section  523-b

        S. 7508--B                         168                        A. 9508--B
 
     1  of  the  real  property  tax law, as amended by section one of this act,
     2  shall be deemed repealed.
     3    § 2. This act shall take effect immediately.
 
     4                                   ITEM JJ
 
     5    Section 1. Section 2342 of the insurance law, as amended by chapter 69
     6  of the laws of 2017, is amended to read as follows:
     7    § 2342. Expiration of certain provisions. The provisions of subsection
     8  (c)  of  section  two thousand three hundred seven, section two thousand
     9  three hundred eight,  subsection  (a)  of  section  two  thousand  three
    10  hundred  ten,  sections two thousand three hundred sixteen, two thousand
    11  three hundred twenty, two thousand three hundred twenty-three, two thou-
    12  sand three hundred twenty-six, and two thousand  three  hundred  thirty-
    13  five,  and  subsection (b) of section two thousand three hundred thirty-
    14  six of this article shall cease to be of any force or effect during  the
    15  period  August third, two thousand one through the day before the effec-
    16  tive date of the property/casualty insurance availability act, and after
    17  June thirtieth, two thousand [twenty] twenty-three.
    18    §  2. Subsection (f) of section 2305 of the insurance law, as  amended
    19  by chapter 69 of the laws of 2017, is amended to read as follows:
    20    (f)  Subsection  (a)  of  this  section shall be of no force or effect
    21  during the period August third, two thousand one through the day  before
    22  the  effective date of the property/casualty insurance availability act,
    23  and after June thirtieth, two thousand [twenty] twenty-three. During the
    24  period August third, two thousand one through the day before the  effec-
    25  tive date of the property/casualty insurance availability act, and again
    26  commencing  on July first, two thousand [twenty] twenty-three, all rates
    27  previously subject to subsection (a) of this section, other  than  rates
    28  that  are not required to be filed pursuant to subsection (b) of section
    29  two thousand three hundred  ten  of  this  article  or  that  have  been
    30  suspended  from  the filing requirement pursuant to section two thousand
    31  three  hundred  eleven  of  this  article,  shall  become   subject   to
    32  subsections  (b),  (c)  and (d) of this section. All other provisions of
    33  this article applicable to kinds of insurance  or  insurance  activities
    34  the  rates  for which are subject to prior approval under subsection (b)
    35  of this section shall apply to kinds of insurance the  rates  for  which
    36  were  previously  subject to subsection (a) of this section or the rates
    37  for which are not required to be filed pursuant  to  subsection  (b)  of
    38  section  two thousand three hundred ten of this article or the rates for
    39  which have been  suspended  from  the  filing  requirement  pursuant  to
    40  section two thousand three hundred eleven of this article.
    41    §  3.  Subsection (h) of section 2344 of the insurance law, as amended
    42  by chapter 69 of the laws of 2017, is amended to read as follows:
    43    (h) This section shall cease to be of any force or effect  during  the
    44  period  August third, two thousand one through the day before the effec-
    45  tive date of the property/casualty insurance availability act, and after
    46  June thirtieth, two thousand [twenty] twenty-three,  except  that  rates
    47  shall  reflect the likely reductive cost effects reasonably attributable
    48  to the statutory provisions specified in paragraph one of subsection (g)
    49  of this section.
    50    § 4. Paragraphs 1 and 2 and the opening paragraph of  paragraph  3  of
    51  subsection (m) of section 3425 of the insurance law, as amended by chap-
    52  ter 69 of the laws of 2017, are amended to read as follows:
    53    (1)  Paragraphs  eight  and nine of subsection (a), subsection (f) and
    54  subparagraphs (B) and (E) of paragraph one of  subsection  (j)  of  this

        S. 7508--B                         169                        A. 9508--B

     1  section  shall  not apply to any new covered policy of automobile insur-
     2  ance voluntarily written on or  after  August  first,  nineteen  hundred
     3  eighty-five and prior to January first, nineteen hundred eighty-six, and
     4  on  or  after August second, two thousand one and prior to the effective
     5  date of the property/casualty insurance  availability  act,  and  on  or
     6  after  June thirtieth, two thousand [twenty] twenty-three, but the legal
     7  rights granted to insurers or policyholders under such provisions  shall
     8  not be extinguished or impaired thereby.
     9    (2)  In  lieu  of  such provisions, paragraph seven of subsection (a),
    10  subparagraph (A) of paragraph one of subsection (j) of this section  and
    11  paragraph three of this subsection shall apply to such automobile insur-
    12  ance  policies  that are newly and voluntarily written to have an effec-
    13  tive date on or after August first,  nineteen  hundred  eighty-five  and
    14  prior  to  January  first,  nineteen hundred eighty-six, and on or after
    15  August second, two thousand one and prior to the effective date  of  the
    16  property/casualty insurance availability act, and on or after June thir-
    17  tieth, two thousand [twenty] twenty-three.
    18    On  and  after August first, nineteen hundred eighty-five and prior to
    19  January first, nineteen hundred  eighty-six,  and  on  or  after  August
    20  second,  two  thousand  one  and  prior  to  the  effective  date of the
    21  property/casualty insurance availability act, and on or after June thir-
    22  tieth, two thousand [twenty] twenty-three, no notice  of  nonrenewal  or
    23  conditional  renewal  of  such  covered  automobile  insurance  policies
    24  referred to in this subsection  shall  be  issued  to  become  effective
    25  during  the  required policy period unless it is based upon a ground for
    26  which the policy could have been cancelled or unless it  is  based  upon
    27  one or more of the following grounds that occurred during the thirty-six
    28  month  period  ending  on the last day of the fourth month preceding the
    29  month of the effective date of such notice of nonrenewal or  conditional
    30  renewal:
    31    §  5. Sections 2328 and 2329 of the insurance law, as amended by chap-
    32  ter 69 of the laws of 2017, are amended to read as follows:
    33    § 2328. Certain motor vehicle insurance rates; prior approval. For the
    34  periods February first, nineteen  hundred  seventy-four  through  August
    35  second,   two   thousand   one,   and   the   effective   date   of  the
    36  property/casualty insurance availability act through June thirtieth, two
    37  thousand [twenty] twenty-three,  no  changes  in  rates,  rating  plans,
    38  rating  rules  and  rate  manuals applicable to motor vehicle insurance,
    39  including no-fault coverages under article fifty-one  of  this  chapter,
    40  shall  be  made effective until approved by the superintendent, notwith-
    41  standing any inconsistent provisions of this article; provided, however,
    42  that changes in such rates, rating plans, rating rules and rate  manuals
    43  may  be  made  effective  without such approval if the rates that result
    44  from such changes are no higher than the insurer's rates  last  approved
    45  by  the superintendent. This section shall apply only to policies cover-
    46  ing losses or liabilities arising out of ownership of  a  motor  vehicle
    47  used principally for the transportation of persons for hire, including a
    48  bus  or  a  school  bus  as defined in sections one hundred four and one
    49  hundred forty-two of the vehicle and traffic law.
    50    § 2329. Motor vehicle insurance rates; excess profits.  In  accordance
    51  with  regulations prescribed by the superintendent, each insurer issuing
    52  policies that are subject to article fifty-one of this chapter,  includ-
    53  ing  policies  of  motor  vehicle personal injury liability insurance or
    54  policies of motor vehicle property damage liability insurance or  insur-
    55  ance  for  loss  or  damage  to a motor vehicle, shall establish a fair,
    56  practicable, and nondiscriminatory plan for refunding or otherwise cred-

        S. 7508--B                         170                        A. 9508--B
 
     1  iting to those purchasing such policies their  share  of  the  insurer's
     2  excess  profit,  if  any,  on such policies. An excess profit shall be a
     3  profit beyond a percentage rate of return on net worth  attributable  to
     4  such  policies,  computed  in accordance with the regulation required by
     5  section two thousand three hundred twenty-three  of  this  article,  and
     6  determined by the superintendent to be so far above a reasonable average
     7  profit  as  to amount to an excess profit, taking into consideration the
     8  fact that losses or profits below a reasonable average profit  will  not
     9  be  recouped  from  such  policyholders. Each plan shall apply to policy
    10  periods for the periods January  first,  nineteen  hundred  seventy-four
    11  through  August  second, two thousand one, and the effective date of the
    12  property/casualty insurance availability act through June thirtieth, two
    13  thousand [twenty] twenty-three.  In  prescribing  such  regulations  the
    14  superintendent  may limit the duration of such plans, waive any require-
    15  ment for refund or credit that he or she determines to be de minimis  or
    16  impracticable,  adopt  forms of returns that shall be made to him or her
    17  in order to establish the amount of any refund or credit due,  establish
    18  periods  and times for the determination and distribution of refunds and
    19  credits, and shall provide  that  insurers  receive  appropriate  credit
    20  against any refunds or credits required by any such plan for policyhold-
    21  er  dividends  and for return premiums that may be due under rate credit
    22  or retrospective rating plans based on experience.
    23    § 6. Subsection (g) of section 5412 of the insurance law,  as  amended
    24  by chapter 69 of the laws of 2017, is amended to read as follows:
    25    (g)  The  provisions of this section shall cease to be of any force or
    26  effect on or after June thirtieth, two thousand  [twenty]  twenty-three,
    27  except that policies issued or other obligations incurred by the associ-
    28  ation  shall  not  be impaired by the expiration of this section and the
    29  association shall continue for the purpose of  servicing  such  policies
    30  and performing such obligations.
    31    § 7. This act shall take effect immediately.
 
    32                                   ITEM KK
 
    33    Section  1.  Section 2 of chapter 548 of the laws of 2004 amending the
    34  education law relating to certain tuition  waivers  for  police  officer
    35  students of the city university of New York, as amended by chapter 67 of
    36  the laws of 2018, is amended to read as follows:
    37    §  2.  This  act shall take effect immediately and shall expire and be
    38  deemed repealed July 1, [2020] 2022.
    39    § 2. This act shall take effect immediately.
 
    40                                   ITEM LL
 
    41    Section 1. Section 2 of part U of chapter 56  of  the  laws  of  2018,
    42  amending  the  education law relating to requiring regulations to permit
    43  tuition waivers for certain firefighters and fire officers for CUNY,  is
    44  amended to read as follows:
    45    §  2.  This  act shall take effect immediately and shall expire and be
    46  deemed repealed July 1, [2020] 2022.
    47    § 2. This act shall take effect immediately.
 
    48                                   ITEM MM
 
    49    Section 1. Section 2 of chapter 274 of the laws of 2010  amending  the
    50  environmental  conservation  law relating to repair of damaged pesticide

        S. 7508--B                         171                        A. 9508--B
 
     1  containers, as amended by chapter 94 of the laws of 2018, is amended  to
     2  read as follows:
     3    §  2.  This act shall take effect immediately and shall expire July 1,
     4  [2020] 2022 when upon such date the provisions  of  this  act  shall  be
     5  deemed repealed.
     6    § 2. This act shall take effect immediately.
 
     7                                   ITEM NN
 
     8    Section  1.  Section 33-0705 of the environmental conservation law, as
     9  amended by section 1 of part SS of chapter 58 of the laws  of  2017,  is
    10  amended to read as follows:
    11  § 33-0705. Fee for registration.
    12    The applicant for registration shall pay a fee as follows:
    13    a.  On  or  before  July  1, [2020] 2023, six hundred dollars for each
    14  pesticide proposed to be registered, provided  that  the  applicant  has
    15  submitted  to  the  department proof in the form of a federal income tax
    16  return for the previous year showing gross  annual  sales,  for  federal
    17  income  tax  purposes, of three million five hundred thousand dollars or
    18  less;
    19    b. On or before July 1, [2020] 2023, for all others, six hundred twen-
    20  ty dollars for each pesticide proposed to be registered;
    21    c. After July  1,  [2020]  2023,  fifty  dollars  for  each  pesticide
    22  proposed to be registered.
    23    §  2.  Section 9 of chapter 67 of the laws of 1992, amending the envi-
    24  ronmental conservation law relating to  pesticide  product  registration
    25  timetables and fees, as amended by section 2 of part SS of chapter 58 of
    26  the laws of 2017, is amended to read as follows:
    27    §  9. This act shall take effect April 1, 1992 provided, however, that
    28  section three of this act shall take  effect  July  1,  1993  and  shall
    29  expire and be deemed repealed on July 1, [2020] 2023.
    30    §  3.  This  act  shall take effect immediately and shall be deemed to
    31  have been in full force and effect on and after April 1, 2020.
 
    32                                   ITEM OO
 
    33    Section 1. Section 2 of chapter 130 of the laws of 1998, amending  the
    34  general municipal law relating to temporary investments by local govern-
    35  ments,  as amended by chapter 65 of the laws of 2017, is amended to read
    36  as follows:
    37    § 2. This act shall take effect June 30, 1998 and shall expire and  be
    38  deemed  repealed on July 1, [2020] 2023, provided, however, that invest-
    39  ments purchased prior to the expiration of  this  act  pursuant  to  the
    40  provisions  of paragraph a of subdivision 3 of section 11 of the general
    41  municipal law, as designated and amended by section  one  of  this  act,
    42  shall  continue to be subject to the conditions contained in such subdi-
    43  vision to the same extent as they had been subject thereto prior to such
    44  expiration and repeal.
    45    § 2. This act shall take effect immediately; provided however, that if
    46  this act shall have become a law after July 1, 2020 it shall  be  deemed
    47  to have been in full force and effect on and after July 1, 2020.
 
    48                                   ITEM PP
 
    49    Section  1. Section 4 of chapter 779 of the laws of 1986, amending the
    50  social services law relating to authorizing services  for  non-residents

        S. 7508--B                         172                        A. 9508--B
 
     1  in  adult homes, residences for adults and enriched housing programs, as
     2  amended by chapter 49 of the  laws  of  2017,  is  amended  to  read  as
     3  follows:
     4    § 4. This act shall take effect on the one hundred twentieth day after
     5  it  shall  have  become  a law and shall remain in full force and effect
     6  until July 1, [2020] 2023, provided however, that effective immediately,
     7  the addition, amendment and/or repeal of any rules or regulations neces-
     8  sary for the implementation of the foregoing sections of this act on its
     9  effective date are authorized and directed to be made and  completed  on
    10  or before such effective date.
    11    §  2.  This  act  shall take effect immediately and shall be deemed to
    12  have been in full force and effect on and after July 1, 2020.
 
    13                                   ITEM QQ
 
    14    Section 1. The opening paragraph of paragraph (a) of section 54.10  of
    15  the  local finance law, as amended by chapter 75 of the laws of 2019, is
    16  amended to read as follows:
    17    To facilitate the marketing of any issue of bonds or notes of the city
    18  of New York issued on or before June thirtieth,  two  thousand  [twenty]
    19  twenty-one,  the  mayor and comptroller of such city may, subject to the
    20  approval of the state comptroller and the limitations on  private  sales
    21  of bonds and notes, respectively, provided by law:
    22    §  2.  The  closing  paragraph  of paragraph a of section 54.90 of the
    23  local finance law, as amended by chapter 75 of  the  laws  of  2019,  is
    24  amended to read as follows:
    25    Notwithstanding the foregoing, whenever in the judgment of the finance
    26  board  of the city of New York the interest of such city would be served
    27  thereby, the city of New York may without further approval  issue  bonds
    28  or notes, on or before July fifteenth, two thousand [twenty] twenty-one,
    29  with  interest rates that vary in accordance with a formula or procedure
    30  and are subject to a maximum rate of interest set forth or  referred  to
    31  in  the  bonds  or  notes  and may provide the holders thereof with such
    32  rights to require the city or other persons to purchase  such  bonds  or
    33  notes  or  renewals  thereof  from the proceeds of the resale thereof or
    34  otherwise from time to time prior to the final maturity of such bonds or
    35  notes as the finance board of the city of New York may determine and the
    36  city may resell, at any time prior to final maturity, any such bonds  or
    37  notes  acquired  as  a  result of the exercise of such rights; provided,
    38  however, that at no time shall the total principal amount of  bonds  and
    39  notes  issued  by the city of New York pursuant to this paragraph (other
    40  than bonds and notes (1) bearing interest at rates and  for  periods  of
    41  time that are specified without reference to future events or contingen-
    42  cies,  or  (2) described in section 136.00 of this article) exceed twen-
    43  ty-five percent of the limit prescribed by section 104.00 of this  arti-
    44  cle.
    45    §  3. The opening paragraph of subdivision 1 of paragraph d of section
    46  54.90 of the local finance law, as amended by chapter 75 of the laws  of
    47  2019, is amended to read as follows:
    48    On  or  before  July  fifteenth,  two thousand [twenty] twenty-one the
    49  mayor and comptroller of the city of New York may:
    50    § 4. The opening paragraph of paragraph a  of  section  57.00  of  the
    51  local  finance  law,  as  amended  by chapter 75 of the laws of 2019, is
    52  amended to read as follows:
    53    Bonds shall be sold only at public sale and  in  accordance  with  the
    54  procedure set forth in this section and sections 58.00 and 59.00 of this

        S. 7508--B                         173                        A. 9508--B

     1  title, except as otherwise provided in this paragraph. Bonds may be sold
     2  at private sale to the United States government or any agency or instru-
     3  mentality  thereof, the state of New York municipal bond bank agency, to
     4  any sinking fund or pension fund of the municipality, school district or
     5  district corporation selling such bonds, or, in the case of sales by the
     6  city  of New York prior to July first, two thousand [twenty] twenty-one,
     7  also to the municipal assistance corporation for the city of New York or
     8  to any other purchaser with the consent of the mayor and the comptroller
     9  of such city and approval of the state comptroller, or, in the  case  of
    10  sales  by the county of Nassau prior to December thirty-first, two thou-
    11  sand seven, also to the Nassau county interim finance authority with the
    12  approval of the state comptroller, or, in the case of sales by the  city
    13  of  Buffalo  prior to June thirtieth, two thousand thirty-seven, also to
    14  the Buffalo fiscal stability authority with the approval  of  the  state
    15  comptroller,  or, in the case of bonds or other obligations of a munici-
    16  pality issued for the construction of any sewage treatment works, sewage
    17  collecting system,  storm  water  collecting  system,  water  management
    18  facility, air pollution control facility or solid waste disposal facili-
    19  ty, also to the New York state environmental facilities corporation, or,
    20  in the case of bonds or other obligations of a school district or a city
    21  acting on behalf of a city school district in a city having a population
    22  in  excess of one hundred twenty-five thousand but less than one million
    23  inhabitants according to the latest federal census, issued to finance or
    24  refinance the cost of  school  district  capital  facilities  or  school
    25  district capital equipment, as defined in section sixteen hundred seven-
    26  ty-six of the public authorities law, also to the dormitory authority of
    27  the state of New York. Bonds of a river improvement or drainage district
    28  established  by  or  under the supervision of the department of environ-
    29  mental conservation may be sold at private sale to the state of New York
    30  as investments for any funds of the state which by law may be  invested,
    31  provided,  however,  that the rate of interest on any such bonds so sold
    32  shall be approved by the water power  and  control  commission  and  the
    33  state comptroller. Bonds may also be sold at private sale as provided in
    34  section  63.00  of  this title. No bonds shall be sold on option or on a
    35  deferred payment plan, except that options to purchase, effective for  a
    36  period not exceeding one year, may be given:
    37    §  5.  Subdivision  3  of  paragraph  g  of section 90.00 of the local
    38  finance law, as amended by chapter 75 of the laws of 2019, is amended to
    39  read as follows:
    40    3. Outstanding bonds may, pursuant to a power to recall and redeem  or
    41  with  the  consent  of  the  holders thereof, be exchanged for refunding
    42  bonds (i) if the refunding bonds are to bear interest at a rate equal to
    43  or lower than that borne by the bonds to be refunded or (ii) if, in  the
    44  case  of the city of New York prior to July first, two thousand [twenty]
    45  twenty-one, the annual payment required for principal  and  interest  on
    46  the  refunding bond is less than the annual payment required for princi-
    47  pal and interest on the bond to be refunded, in each  case  such  annual
    48  payments  to  be determined by dividing the total principal and interest
    49  payments due over the remaining life of the bond by the number of  years
    50  to maturity of the bond or (iii) if the bonds to be refunded were issued
    51  by  the city of New York after June thirtieth, nineteen hundred seventy-
    52  eight and prior to July first,  two  thousand  [twenty]  twenty-one  and
    53  contain  covenants  referring  to  the  existence  of the New York state
    54  financial control board for the city of New York or any other  covenants
    55  relating  to  matters  other  than  the  prompt payment of principal and

        S. 7508--B                         174                        A. 9508--B
 
     1  interest on the obligations when due and the  refunding  bond  omits  or
     2  modifies any such covenant.
     3    §  6. Subdivision 1 of section 10-a of section 2 of chapter 868 of the
     4  laws of 1975, constituting the New York state  financial  emergency  act
     5  for  the city of New York, as amended by chapter 75 of the laws of 2019,
     6  is amended to read as follows:
     7    1. In the event that after the date on which the  provisions  of  this
     8  act become operative, any notes or bonds are issued by the city prior to
     9  July  1, [2020] 2021, or any bonds are issued by a state financing agen-
    10  cy, the state of New York hereby authorizes the city and authorizes  and
    11  requires  such  state financing agency to include a pledge and agreement
    12  of the state of New York in any agreement made by the city or such state
    13  financing agency with holders or guarantors of such notes or bonds  that
    14  the  state  will not take any action which will (a) substantially impair
    15  the authority of the board during a control period, as defined in subdi-
    16  vision twelve of section two of this act as in effect on the  date  such
    17  notes  or  bonds  are  issued  (i) to approve, disapprove, or modify any
    18  financial plan or financial plan  modification,  including  the  revenue
    19  projections  (or  any  item  thereof)  contained therein, subject to the
    20  standards set forth in paragraphs a, c, d, e and f of subdivision one of
    21  section eight of this act as in effect on the date such notes  or  bonds
    22  are issued and paragraph b of such subdivision as in effect from time to
    23  time,  (ii)  to disapprove a contract of the city or a covered organiza-
    24  tion if the performance of such contract would be inconsistent with  the
    25  financial  plan or to approve or disapprove proposed short-term or long-
    26  term borrowing of the city or a covered organization or any agreement or
    27  other arrangement referred to in subdivision four of  section  seven  of
    28  this act, or (iii) to establish and adopt procedures with respect to the
    29  deposit  in  and  disbursement from the board fund of city revenues; (b)
    30  substantially impair the authority of  the  board  to  review  financial
    31  plans,  financial  plan  modifications,  contracts  of  the  city or the
    32  covered organizations and proposed short-term or long-term borrowings of
    33  the city and the covered organizations;  (c)  substantially  impair  the
    34  independent  maintenance  of  a  separate  fund  for the payment of debt
    35  service on bonds and notes of the city; (d) alter the composition of the
    36  board so that the majority of the voting members of the  board  are  not
    37  officials  of  the state of New York elected in a state-wide election or
    38  appointees of the governor; (e) terminate the  existence  of  the  board
    39  prior  to  the time to be determined in accordance with section thirteen
    40  of this act as in effect on the date such notes or bonds are issued; (f)
    41  substantially modify the requirement that the  city's  financial  state-
    42  ments be audited by a nationally recognized independent certified public
    43  accounting  firm  or consortium of firms and that a report on such audit
    44  be furnished to the board; or (g) alter  the  definition  of  a  control
    45  period set forth in subdivision twelve of section two of this act, as in
    46  effect  on  the  date  such  notes or bonds are issued, or substantially
    47  alter the authority of the board, as set forth in  said  subdivision  to
    48  reimpose  or  terminate  a  control  period; provided, however, that the
    49  foregoing pledge and agreement shall be of no further force  and  effect
    50  if  at any time (i) there is on deposit in a separate trust account with
    51  a bank, trust company or other fiduciary  sufficient  moneys  or  direct
    52  obligations of the United States or obligations guaranteed by the United
    53  States, the principal of and/or interest on which will provide moneys to
    54  pay  punctually when due at maturity or prior to maturity by redemption,
    55  in accordance with their terms, all principal of  and  interest  on  all
    56  outstanding  notes  and bonds of the city or such state financing agency

        S. 7508--B                         175                        A. 9508--B
 
     1  containing this pledge and agreement and irrevocable  instructions  from
     2  the  city  or such state financing agency to such bank, trust company or
     3  other fiduciary for such payment of such  principal  and  interest  with
     4  such moneys shall have been given, or (ii) such notes and bonds, togeth-
     5  er  with  interest  thereon,  have been paid in full at maturity or have
     6  otherwise been refunded, redeemed, defeased, or discharged; and provided
     7  further that the foregoing pledge and agreement shall be of  full  force
     8  and effect upon its inclusion in any agreement made by the city or state
     9  financing agency with holders or guarantors of such notes or bonds.
    10    Upon  payment  for such obligations issued pursuant to this act by the
    11  original and all subsequent holders inclusion of the foregoing  covenant
    12  shall  be  deemed conclusive evidence of valuable consideration received
    13  by the state and city for such covenant and of reliance upon such pledge
    14  and agreement by any such holder. The state hereby grants any such bene-
    15  fited holder the right to sue the state in a court of  competent  juris-
    16  diction and enforce this covenant and agreement and waives all rights of
    17  defense based on sovereign immunity in such an action or suit.
    18    §  7. Section 5 of chapter 142 of the laws of 2004, amending the local
    19  finance law relating to interest rate exchange agreements of the city of
    20  New York and refunding bonds of such city, as amended by chapter  75  of
    21  the laws of 2019, is amended to read as follows:
    22    §  5.  This  act shall take effect immediately, provided, that section
    23  three of this act shall expire and be deemed repealed  July  15,  [2020]
    24  2021.
    25    § 8. Separability. If any clause, sentence, paragraph, section or part
    26  of  this act shall be adjudged by any court of competent jurisdiction to
    27  be invalid, such judgment shall not affect,  impair  or  invalidate  the
    28  remainder thereof, but shall be confined in its operation to the clause,
    29  sentence,  paragraph,  section  or part thereof directly involved in the
    30  controversy in which such judgment shall have been rendered.
    31    § 9. This act shall take effect immediately.

    32                                   ITEM RR
 
    33    Section 1. The opening paragraph of subdivision 2 of  section  228  of
    34  the racing, pari-mutuel wagering and breeding law, as amended by chapter
    35  122 of the laws of 2019, is amended to read as follows:
    36    The  New York state gaming commission shall, as a condition of racing,
    37  require any franchised corporation and every other  corporation  subject
    38  to  its  jurisdiction to withhold one percent of all purses, except that
    39  for the franchised corporation, starting on September first,  two  thou-
    40  sand  seven  and  continuing  through  August thirty-first, two thousand
    41  [twenty] twenty-one, two percent of all purses shall be  withheld,  and,
    42  in  the  case  of  the  franchised  corporation,  to pay such sum to the
    43  horsemen's organization or its successor  that  was  first  entitled  to
    44  receive  payments  pursuant  to this section in accordance with rules of
    45  the commission adopted effective November third, nineteen hundred eight-
    46  y-three representing at least fifty-one percent of the owners and train-
    47  ers utilizing the facilities of  such  franchised  corporation,  on  the
    48  condition  that  such horsemen's organization shall expend as much as is
    49  necessary, but not to exceed one-half of one percent of such total  sum,
    50  to acquire and maintain the equipment required to establish a program at
    51  a  state  college  within  this  state  with  an approved equine science
    52  program to test for the presence of steroids in horses, provided further
    53  that the qualified organization shall also, in an amount  to  be  deter-
    54  mined  by  its  board of directors, annually include in its expenditures

        S. 7508--B                         176                        A. 9508--B
 
     1  for benevolence programs, funds to  support  an  organization  providing
     2  services  necessary  to backstretch employees, and, in the case of every
     3  other corporation, to  pay  such  one  percent  sum  of  purses  to  the
     4  horsemen's  organization  or  its  successor  that was first entitled to
     5  receive payments pursuant to this section in accordance  with  rules  of
     6  the  commission  adopted  effective  May  twenty-third, nineteen hundred
     7  eighty-six representing at least fifty-one percent  of  the  owners  and
     8  trainers utilizing the facilities of such corporation.
     9    § 2. This act shall take effect immediately.
 
    10                                   ITEM SS
 
    11    Section  1. Section 11 of chapter 237 of the laws of 2015 amending the
    12  judiciary law, the civil practice law and rules and other laws  relating
    13  to  use of electronic means for the commencement and filing of papers in
    14  certain actions and proceedings, as amended by chapter 212 of  the  laws
    15  of 2019, is amended to read as follows:
    16    §  11.  This act shall take effect immediately; provided that sections
    17  four, five, six and seven of this act shall each expire  and  be  deemed
    18  repealed  September  1,  [2020] 2021; and provided that paragraph 2-a of
    19  subdivision (b) of section 2111 of the civil practice law and rules,  as
    20  added  by  section  two of this act, shall expire and be deemed repealed
    21  September 1, [2020] 2021.
    22    § 2. This act shall take effect immediately.
 
    23                                   ITEM TT
 
    24    Section 1. Section 2 of chapter 890 of the laws of 1982,  relating  to
    25  the  establishment  of certain water charges for hospitals and charities
    26  in New York city, as amended by chapter 155 of  the  laws  of  2018,  is
    27  amended to read as follows:
    28    §  2.  This act shall take effect immediately and shall remain in full
    29  force and effect only until September 1, [2020] 2022.
    30    § 2. This act shall take effect immediately.
 
    31                                   ITEM UU
 
    32    Section 1. Section 4 of chapter 573 of the laws of 2011, amending  the
    33  correction law relating to the boarding of out of state inmates at local
    34  correctional  facilities, as amended by chapter 148 of the laws of 2017,
    35  is amended to read as follows:
    36    § 4. This act shall take effect immediately and shall expire September
    37  1, [2020] 2023 when upon such date the provisions of this act  shall  be
    38  deemed repealed.
    39    § 2. This act shall take effect immediately.

    40                                   ITEM VV
 
    41    Section  1.  Section  8 of chapter 29 of the laws of 2011 amending the
    42  executive law and other laws relating to the adoption of the  interstate
    43  compact  for  juveniles  by the state of New York, as amended by chapter
    44  195 of the laws of 2015, is amended to read as follows:
    45    § 8. This act shall take effect on the thirtieth day  after  it  shall
    46  have  become  a  law and shall expire September 1, [2020] 2025 when upon
    47  such date the provisions of this act shall be deemed repealed; provided,
    48  however, that notwithstanding the provisions of article 5 of the general

        S. 7508--B                         177                        A. 9508--B
 
     1  construction law, on September 1, [2020] 2025 the provisions of  chapter
     2  155  of  the  laws  of 1955, as repealed by section one of this act, are
     3  hereby revived and shall continue in  full  force  and  effect  as  such
     4  provisions  existed  on  June 1, 2010; provided, further, nothing herein
     5  shall disrupt services, supervision or return of juveniles,  delinquents
     6  and  status  offenders  agreed  to  under  the  repealed 1955 interstate
     7  compact on juveniles prior to such effective date, or preclude the state
     8  of New York from entering into appropriate agreements  with  non-compact
     9  member  states for the proper supervision or return of juveniles, delin-
    10  quents and status offenders who are on probation or parole and who  have
    11  absconded,  escaped  or  run away from supervision and control and in so
    12  doing have endangered their own safety and the safety of others.
    13    § 2. This act shall take effect immediately.
 
    14                                   ITEM WW

    15    Section 1. Section 2 of chapter 363 of the laws of 2010, amending  the
    16  judiciary law relating to granting the chief administrator of the courts
    17  the  authority to allow referees to determine applications for orders of
    18  protection during the hours family court is in session,  as  amended  by
    19  chapter 161 of the laws of 2018, is amended to read as follows:
    20    §  2.  This act shall take effect immediately; provided that paragraph
    21  (n) of subdivision 2 of section 212 of the judiciary law,  as  added  by
    22  section  one  of this act, shall expire and be deemed repealed September
    23  1, [2020] 2021.
    24    § 2. This act shall take effect immediately.
 
    25                                   ITEM XX
 
    26    Section 1. Subdivision 5 of section 139 of  the  economic  development
    27  law,  as  amended by chapter 372 of the laws of 2019, is amended to read
    28  as follows:
    29    5. Reporting. The advisory panel shall issue a report  no  later  than
    30  June  thirtieth, two thousand [twenty] twenty-one outlining the findings
    31  and recommendations of the panel. The report shall be delivered  to  the
    32  governor,  the  speaker  of the assembly, the temporary president of the
    33  senate, the minority leader of the assembly, the minority leader of  the
    34  senate, the chair of the assembly committee on ways and means, the chair
    35  of  the senate committee on finance, the chair of the assembly committee
    36  on economic development, the chair of the assembly  committee  on  small
    37  business, the chair of the senate committee on commerce, economic devel-
    38  opment,  and  small  business,  the  chair  of the assembly committee on
    39  labor, and the chair of the senate committee on labor.
    40    § 2. Section 2 of chapter 435 of the laws of 2017 amending the econom-
    41  ic development law,  relating  to  establishing  an  advisory  panel  on
    42  employee-owned   enterprises  within  the  division  of  small  business
    43  services, as amended by chapter 372 of the laws of 2019, is  amended  to
    44  read as follows:
    45    §  2.  This act shall take effect immediately and shall expire October
    46  1, [2020] 2021 when upon such date the provisions of this act  shall  be
    47  deemed repealed.
    48    §  3. This act shall take effect immediately; provided that the amend-
    49  ments to subdivision 5 of section 139 of the  economic  development  law
    50  made  by  section  one  of  this act shall not affect the repeal of such
    51  section and shall be deemed repealed therewith.

        S. 7508--B                         178                        A. 9508--B
 
     1                                   ITEM YY

     2    Section  1. Section 4 of chapter 522 of the laws of 2000, amending the
     3  state finance law and the general business law relating to  establishing
     4  the  underground facilities safety training account, as amended by chap-
     5  ter 126 of the laws of 2015, is amended to read as follows:
     6    § 4. This act shall take effect thirty days after it shall have become
     7  a law and shall expire and be deemed repealed October 1, [2020] 2025.
     8    § 2. This act shall take effect immediately.
 
     9                                   ITEM ZZ
 
    10    Section 1. Subdivision (c) of section 3 of chapter 141 of the laws  of
    11  2014 amending the environmental conservation law relating to authorizing
    12  the  hunting of big game in the county of Albany with rifles, as amended
    13  by chapter 160 of the laws of 2018, is amended to read as follows:
    14    (c) nothing contained in this act shall be construed so as  to  extend
    15  the provisions of this act beyond October 1, [2020] 2022, when upon such
    16  date  this act shall expire and the provisions contained herein shall be
    17  deemed repealed.
    18    § 2. This act shall take effect immediately.
 
    19                                  ITEM AAA
 
    20    Section 1. Section 5 of chapter 396 of the laws of 2010  amending  the
    21  alcoholic  beverage  control  law  relating  to liquidator's permits and
    22  temporary retail permits, as amended by chapter 190 of the laws of 2019,
    23  is amended to read as follows:
    24    § 5. This act shall take effect on the sixtieth  day  after  it  shall
    25  have  become  a  law,  provided  that  paragraph (b) of subdivision 1 of
    26  section 97-a of the alcoholic beverage control law as added  by  section
    27  two  of  this act shall expire and be deemed repealed October 12, [2020]
    28  2021.
    29    § 2. This act shall take effect immediately.
 
    30                                  ITEM BBB
 
    31    Section 1. Section 2 of chapter 473 of the laws of 2010  amending  the
    32  racing,  pari-mutuel  wagering and breeding law relating to the New York
    33  state thoroughbred breeding and development fund, as amended by  chapter
    34  343 of the laws of 2019, is amended to read as follows:
    35    §  2.  This  act shall take effect immediately, provided, however that
    36  this act shall expire and be deemed repealed [nine] ten years after  the
    37  commencement  of  the  operation of a video lottery facility at Aqueduct
    38  racetrack; provided that the chair of the New  York  state  thoroughbred
    39  breeding and development fund shall notify the legislative bill drafting
    40  commission upon the occurrence of the commencement of the operation of a
    41  video  lottery  facility at Aqueduct racetrack in order that the commis-
    42  sion may maintain an accurate and timely  effective  data  base  of  the
    43  official  text  of  the  laws of the state of New York in furtherance of
    44  effectuating the provisions of section 44 of  the  legislative  law  and
    45  section  70-b  of the public officers law; provided further, that effec-
    46  tive immediately the addition, amendment and/or repeal of any  rules  or
    47  regulations  necessary  for the implementation of this act on its effec-
    48  tive date are authorized and directed to be made  and  completed  on  or
    49  before such date.

        S. 7508--B                         179                        A. 9508--B
 
     1    § 2. This act shall take effect immediately.
 
     2                                  ITEM CCC

     3    Section  1. Section 3 of chapter 451 of the laws of 2012, amending the
     4  labor law relating to permitted deductions from  wages,  as  amended  by
     5  chapter 368 of the laws of 2018, is amended to read as follows:
     6    §  3.  This  act  shall take effect on the sixtieth day after it shall
     7  have become a law and shall expire and be deemed repealed [8]  10  years
     8  after such effective date.
     9    § 2. This act shall take effect immediately.
 
    10                                  ITEM DDD
 
    11    Section 1. The opening paragraph of section 3 and section 4 of chapter
    12  456  of  the  laws of 2018 relating to establishing the digital currency
    13  task force, is amended to read as follows:
    14    On or before December 15, [2020] 2021, the task force shall submit  to
    15  the  governor,  the temporary president of the senate and the speaker of
    16  the assembly a report containing, but  not  limited  to,  the  following
    17  information based on available data:
    18    §  4. This act shall take effect immediately and shall expire December
    19  15, [2020] 2021 when upon such date the provisions of this act shall  be
    20  deemed repealed.
    21    § 2. This act shall take effect immediately.
 
    22                                  ITEM EEE
 
    23    Section  1. Section 2 of chapter 548 of the laws of 2010, amending the
    24  New York city charter relating to authorizing the city of  New  York  to
    25  sell  to  abutting  property  owners  real  property owned by such city,
    26  consisting of tax lots that cannot be independently developed due to the
    27  size, shape, configuration and topography of such lots  and  the  zoning
    28  regulations applicable thereto, as amended by chapter 505 of the laws of
    29  2015, is amended to read as follows:
    30    §  2. This act shall take effect immediately and shall expire December
    31  31, [2020] 2025, when upon such date the provisions of this act shall be
    32  deemed repealed.
    33    § 2. This act shall take effect immediately.
 
    34                                  ITEM FFF
 
    35    Section 1. Section 2 of chapter 402 of the laws of 1994, amending  the
    36  state  administrative  procedure act relating to requiring certain agen-
    37  cies to submit regulatory agendas for publication in the state register,
    38  as amended by chapter 418 of the laws of 2016, is  amended  to  read  as
    39  follows:
    40    §  2.  This  act  shall  take effect on the first day of November next
    41  succeeding the date on which it shall have become a law and shall expire
    42  and be deemed repealed on December 31, [2020] 2024, and upon  such  date
    43  the  provisions  of  subdivisions  1 and 2 of section 202-d of the state
    44  administrative procedure act as amended by section one of this act shall
    45  revert to and be read as set out in law on the date immediately  preced-
    46  ing such effective date.
    47    § 2. This act shall take effect immediately.

        S. 7508--B                         180                        A. 9508--B
 
     1                                  ITEM GGG
 
     2    Section  1. Section 2 of chapter 378 of the laws of 2014, amending the
     3  environmental conservation law relating to  the  taking  of  sharks,  as
     4  amended  by  chapter  427  of  the  laws  of 2018, is amended to read as
     5  follows:
     6    § 2. This act shall take effect immediately and shall  expire  and  be
     7  deemed repealed December 31, [2020] 2022.
     8    § 2. This act shall take effect immediately.

     9                                  ITEM HHH
 
    10    Section  1.  Section 3 of chapter 306 of the laws of 2011, authorizing
    11  owners of residential real property in high risk brush fire areas in the
    12  borough of Staten Island to cut and remove reeds from their property, as
    13  amended by chapter 393 of the laws  of  2019,  is  amended  to  read  as
    14  follows:
    15    §  3.  This  act shall take effect immediately and shall expire and be
    16  deemed repealed December 31, [2020] 2021.
    17    § 2. This act shall take effect immediately.
 
    18                                  ITEM III
 
    19    Section 1. Section 6 of chapter 110 of the laws of 2019,  relating  to
    20  creating  a  temporary  state commission to study and investigate how to
    21  regulate artificial intelligence, robotics and automation, is amended to
    22  read as follows:
    23    § 6. This act shall take effect immediately and shall  expire  and  be
    24  deemed repealed December 31, [2020] 2021.
    25    § 2. This act shall take effect immediately.
 
    26                                  ITEM JJJ
 
    27    Section  1.  Subdivision  1 of section 1803-a of the real property tax
    28  law is amended by adding a new paragraph (ii) to read as follows:
    29    (ii) Notwithstanding the provisions of paragraph (c) of this  subdivi-
    30  sion  to  the  contrary, in a special assessing unit which is a city and
    31  for current base proportions to be determined in such special  assessing
    32  unit's  fiscal year two thousand twenty-one, the percent increase of the
    33  current base proportion of any class over the adjusted  base  proportion
    34  or  adjusted  proportions,  whichever is appropriate, of the immediately
    35  preceding year shall be determined by the local legislative body of such
    36  special assessing unit, provided that such percent increase shall be  no
    37  more than five percent, and provided further, that the local legislative
    38  body  shall make such determination by October first, two thousand twen-
    39  ty.
    40    § 2. In the event the special assessing unit which is a city has  sent
    41  out  real  property  tax  bills for its fiscal year 2021 before this act
    42  shall have become a law, the city shall take such actions as are  neces-
    43  sary,  consistent  with  applicable  state  and local law, to effect the
    44  provisions of section one of this act, including, but  not  limited  to,
    45  revising  the  current  base  proportions and adjusted base proportions,
    46  resetting the real property tax rates and sending amended real  property
    47  tax  bills.  Provided, however, that nothing in this act shall be deemed
    48  to affect the obligation of any taxpayer with respect to the payment  of
    49  any  installment of real property tax for such fiscal year which was due

        S. 7508--B                         181                        A. 9508--B
 
     1  and payable prior to the date such amended real property tax  bills  are
     2  sent;  for this purpose, such obligations shall be determined in accord-
     3  ance with the applicable provisions of law that  were  in  effect  imme-
     4  diately  prior to the effective date of this act, and such city shall be
     5  authorized to determine the date on which amended bills are to  be  sent
     6  and  the  installments  of  real  property tax which are to be reflected
     7  therein.
     8    § 3. This act shall take effect immediately.
 
     9                                  ITEM KKK
 
    10    Section 1. Subparagraph (xix) of paragraph (a)  of  subdivision  3  of
    11  section  1903 of the real property tax law, as amended by chapter 121 of
    12  the laws of 2019, is amended to read as follows:
    13    (xix) Notwithstanding any other  provision  of  law,  in  an  approved
    14  assessing  unit  in  the  town of Orangetown, county of Rockland and for
    15  current base proportions  to  be  determined  by  taxes  based  on  such
    16  approved  assessing  unit's two thousand eighteen--two thousand nineteen
    17  [and], two thousand nineteen--two thousand twenty and two thousand twen-
    18  ty--two thousand twenty-one assessment rolls, the current  base  propor-
    19  tion  of  any  class  shall  not  exceed the adjusted base proportion or
    20  adjusted  proportion,  whichever  is  appropriate,  of  the  immediately
    21  preceding  year,  by  more than one percent, provided that such approved
    22  assessing unit has passed a local law, ordinance or resolution providing
    23  therefor. Where the computation of current base proportions would other-
    24  wise produce such result, the current base proportion of such  class  or
    25  classes  shall  be limited to such one percent increase and the legisla-
    26  tive body of such approved assessing unit shall alter the  current  base
    27  proportion  of  either  class  so  that  the  sum  of  the  current base
    28  proportions equals one.
    29    § 2. This act shall take effect immediately.
 
    30                                  ITEM LLL
 
    31    Section 1. Subparagraph (xx) of paragraph  (a)  of  subdivision  3  of
    32  section  1903 of the real property tax law, as amended by chapter 119 of
    33  the laws of 2019, is amended to read as follows:
    34    (xx) Notwithstanding any  other  provision  of  law,  in  an  approved
    35  assessing  unit  in  the  town of Clarkstown, county of Rockland and for
    36  current base proportions  to  be  determined  by  taxes  based  on  such
    37  approved assessing unit's two thousand seventeen--two thousand eighteen,
    38  two  thousand  eighteen--two  thousand  nineteen [assessment], [and] two
    39  thousand nineteen--two thousand  twenty  and  two  thousand  twenty--two
    40  thousand twenty-one assessment rolls, the current base proportion of any
    41  class  shall not exceed the adjusted base proportion or adjusted propor-
    42  tion, whichever is appropriate, of the immediately  preceding  year,  by
    43  more  than  one  percent, provided that such approved assessing unit has
    44  passed a local law, ordinance or resolution  providing  therefor.  Where
    45  the computation of current base proportions would otherwise produce such
    46  result,  the  current  base proportion of such class or classes shall be
    47  limited to such one percent increase and the legislative  body  of  such
    48  approved  assessing  unit  shall  alter  the  current base proportion of
    49  either class so that the sum of the current base proportions equals one.
    50    § 2. This act shall take effect immediately.
 
    51                                  ITEM MMM

        S. 7508--B                         182                        A. 9508--B
 
     1    Section 1. Subdivision 1 of section 1803-a of the  real  property  tax
     2  law is amended by adding a new paragraph (hh) to read as follows:
     3    (hh)  Notwithstanding the provisions of paragraph (c) of this subdivi-
     4  sion to the contrary, in a special assessing unit that is not a city and
     5  for current base proportions to be determined by  taxes  based  on  such
     6  special  assessing  unit's  two  thousand  twenty  assessment  roll, the
     7  current base proportion of any class shall not exceed the adjusted  base
     8  proportion  or  adjusted  proportion,  whichever  is appropriate, of the
     9  immediately preceding year by more than one percent. Where the  computa-
    10  tion  performed  pursuant  to  paragraph  (b)  of this subdivision would
    11  otherwise produce such result, the current base proportion of such class
    12  or classes shall be limited to such one percent increase and the  legis-
    13  lative  body of such special assessing unit shall alter the current base
    14  proportion of any or all remaining  classes  so  that  the  sum  of  the
    15  current base proportions equals one.
    16    §  2.  Subparagraph  (iv) of paragraph (a) of subdivision 3 of section
    17  1903 of the real property tax law, as amended by chapter 12 of the  laws
    18  of 2019, is amended to read as follows:
    19    (iv)  Notwithstanding  any  other  provision  of  law,  in an approved
    20  assessing unit in the county of Suffolk and for current base proportions
    21  to be determined by taxes based on such approved  assessing  unit's  two
    22  thousand  three  -  two  thousand four, two thousand four - two thousand
    23  five and two thousand five - two  thousand  six  assessment  rolls,  the
    24  current  base proportion of any class shall not exceed the adjusted base
    25  proportion or adjusted proportion,  whichever  is  appropriate,  of  the
    26  immediately  preceding  year by more than two percent, or in the case of
    27  the two thousand five--two thousand six, two thousand six--two  thousand
    28  seven,  two  thousand seven--two thousand eight, two thousand eight--two
    29  thousand nine, two thousand twelve--two thousand thirteen, two  thousand
    30  thirteen--two  thousand  fourteen,  two  thousand fourteen--two thousand
    31  fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
    32  sixteen--two  thousand  seventeen,  two thousand seventeen--two thousand
    33  eighteen, two thousand eighteen--two thousand nineteen, [and] two  thou-
    34  sand  nineteen--two  thousand twenty, and two thousand twenty--two thou-
    35  sand twenty-one assessment rolls, one percent. Where the computation  of
    36  current  base  proportions  would  otherwise  produce  such  result, the
    37  current base proportion of such class or classes  shall  be  limited  to
    38  such  two  percent  or one percent increase whichever is applicable, and
    39  the legislative body of such approved assessing  unit  shall  alter  the
    40  current  base  proportion of either class so that the sum of the current
    41  base proportions equals one.
    42    § 3. Paragraph (a) of subdivision 3 of section 1903 of the real  prop-
    43  erty  tax  law is amended by adding a new subparagraph (xxii) to read as
    44  follows:
    45    (xxii) Notwithstanding any other provision  of  law,  in  an  approved
    46  assessing  unit in the county of Nassau and for current base proportions
    47  to be determined by taxes based on such approved  assessing  unit's  two
    48  thousand  twenty  assessment  roll,  the  current base proportion of any
    49  class shall not exceed the adjusted base proportion or adjusted  propor-
    50  tion,  whichever  is  appropriate, of the immediately preceding year, by
    51  more than one percent, provided that such approved  assessing  unit  has
    52  passed  a  local  law, ordinance or resolution providing therefor. Where
    53  the computation of current base proportions would otherwise produce such
    54  result, the current base proportion of such class or  classes  shall  be
    55  limited  to  such  one percent increase and the legislative body of such

        S. 7508--B                         183                        A. 9508--B
 
     1  approved assessing unit shall  alter  the  current  base  proportion  of
     2  either class so that the sum of the current base proportions equals one.
     3    §  4.  This act shall take effect immediately; provided, however, that
     4  section one of this act shall apply to the levy of taxes  based  on  the
     5  2020  assessment roll in a special assessing unit that is not a city and
     6  that section three of this act shall apply to the levy of taxes based on
     7  the 2020 assessment roll in approved assessing units in  the  county  of
     8  Nassau  that  pass  a  local law, ordinance or resolution to adopt these
     9  provisions.
 
    10                                  ITEM NNN
 
    11    Section 1. Subdivision c of section 208-f  of  the  general  municipal
    12  law,  as  amended by chapter 382 of the laws of 2019, is amended to read
    13  as follows:
    14    c. Commencing July first, two thousand [nineteen] twenty  the  special
    15  accidental  death  benefit  paid  to  a widow or widower or the deceased
    16  member's children under the age of eighteen or, if a student, under  the
    17  age  of  twenty-three,  if the widow or widower has died, shall be esca-
    18  lated by adding thereto an additional percentage of the  salary  of  the
    19  deceased member (as increased pursuant to subdivision b of this section)
    20  in accordance with the following schedule:
    21       calendar year of death
    22       of the deceased member              per centum
    23            1977 or prior                  [246.1%] 256.5%
    24            1978                           [236%] 246.1%
    25            1979                           [226.2%] 236%
    26            1980                           [216.7%] 226.2%
    27            1981                           [207.5%] 216.7%
    28            1982                           [198.5%] 207.5%
    29            1983                           [189.8%] 198.5%
    30            1984                           [181.4%] 189.8%
    31            1985                           [173.2%] 181.4%
    32            1986                           [165.2%] 173.2%
    33            1987                           [157.5%] 165.2%
    34            1988                           [150.0%] 157.5%
    35            1989                           [142.7%] 150.0%
    36            1990                           [135.7%] 142.7%
    37            1991                           [128.8%] 135.7%
    38            1992                           [122.1%] 128.8%
    39            1993                           [115.7%] 122.1%
    40            1994                           [109.4%] 115.7%
    41            1995                           [103.3%] 109.4%
    42            1996                            [97.4%] 103.3%
    43            1997                            [91.6%] 97.4%
    44            1998                            [86.0%] 91.6%
    45            1999                            [80.6%] 86.0%
    46            2000                            [75.4%] 80.6%
    47            2001                            [70.2%] 75.4%
    48            2002                            [65.3%] 70.2%
    49            2003                            [60.5%] 65.3%
    50            2004                            [55.8%] 60.5%
    51            2005                            [51.3%] 55.8%
    52            2006                            [46.9%] 51.3%
    53            2007                            [42.6%] 46.9%
    54            2008                            [38.4%] 42.6%

        S. 7508--B                         184                        A. 9508--B
 
     1            2009                            [34.4%] 38.4%
     2            2010                            [30.5%] 34.4%
     3            2011                            [26.7%] 30.5%
     4            2012                            [23.0%] 26.7%
     5            2013                            [19.4%] 23.0%
     6            2014                            [15.9%] 19.4%
     7            2015                            [12.6%] 15.9%
     8            2016                             [9.3%] 12.6%
     9            2017                             [6.1%] 9.3%
    10            2018                             [3.0%] 6.1%
    11            2019                             [0.0%] 3.0%
    12            2020                             0.0%
    13    § 2. Subdivision c of section 361-a of the retirement and social secu-
    14  rity  law,  as amended by chapter 382 of the laws of 2019, is amended to
    15  read as follows:
    16    c. Commencing July first, two thousand [nineteen] twenty  the  special
    17  accidental  death  benefit  paid  to  a widow or widower or the deceased
    18  member's children under the age of eighteen or, if a student, under  the
    19  age  of  twenty-three,  if the widow or widower has died, shall be esca-
    20  lated by adding thereto an additional percentage of the  salary  of  the
    21  deceased member, as increased pursuant to subdivision b of this section,
    22  in accordance with the following schedule:
    23       calendar year of death
    24       of the deceased member              per centum
    25            1977 or prior                    [246.1%] 256.5%
    26            1978                             [236%] 246.1%
    27            1979                             [226.2%] 236%
    28            1980                             [216.7%] 226.2%
    29            1981                             [207.5%] 216.7%
    30            1982                             [198.5%] 207.5%
    31            1983                             [189.8%] 198.5%
    32            1984                             [181.4%] 189.8%
    33            1985                             [173.2%] 181.4%
    34            1986                             [165.2%] 173.2%
    35            1987                             [157.5%] 165.2%
    36            1988                             [150.0%] 157.5%
    37            1989                             [142.7%] 150.0%
    38            1990                             [135.7%] 142.7%
    39            1991                             [128.8%] 135.7%
    40            1992                             [122.1%] 128.8%
    41            1993                             [115.7%] 122.1%
    42            1994                             [109.4%] 115.7%
    43            1995                             [103.3%] 109.4%
    44            1996                              [97.4%] 103.3%
    45            1997                              [91.6%] 97.4%
    46            1998                              [86.0%] 91.6%
    47            1999                              [80.6%] 86.0%
    48            2000                              [75.4%] 80.6%
    49            2001                              [70.2%] 75.4%
    50            2002                              [65.3%] 70.2%
    51            2003                              [60.5%] 65.3%
    52            2004                              [55.8%] 60.5%
    53            2005                              [51.3%] 55.8%
    54            2006                              [46.9%] 51.3%
    55            2007                              [42.6%] 46.9%
    56            2008                              [38.4%] 42.6%

        S. 7508--B                         185                        A. 9508--B
 
     1            2009                              [34.4%] 38.4%
     2            2010                              [30.5%] 34.4%
     3            2011                              [26.7%] 30.5%
     4            2012                              [23.0%] 26.7%
     5            2013                              [19.4%] 23.0%
     6            2014                              [15.9%] 19.4%
     7            2015                              [12.6%] 15.9%
     8            2016                               [9.3%] 12.6%
     9            2017                               [6.1%] 9.3%
    10            2018                               [3.0%] 6.1%
    11            2019                               [0.0%] 3.0%
    12            2020                               0.0%
    13    § 3. This act shall take effect July 1, 2020.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would amend both the General Municipal Law and the Retire-
        ment and Social Security Law to increase the salary used in the computa-
        tion of the special accidental death benefit by 3%  in cases  where  the
        date of death was before 2020.
          Insofar  as  this  bill would amend the Retirement and Social Security
        Law, it is estimated that there would be an additional  annual  cost  of
        approximately  $606,000  above  the  approximately $13.6 million current
        annual cost of this benefit. This cost would be shared by the  State  of
        New York and all participating employers of the New York State and Local
        Police and Fire Retirement System.
          Summary of relevant resources:
          The  membership  data  used  in  measuring  the impact of the proposed
        change was the same as that used in the March 31, 2019  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2019
        Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial
        Assumptions, and the Codes, Rules and Regulations of the  State  of  New
        York: Adult and Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2019
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated February 24, 2020,  and  intended  for  use  only
        during  the  2020  Legislative  Session,  is  Fiscal  Note  No. 2020-57,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY OF BILL: This proposed legislation would amend General Munici-
        pal  Law  (GML)  Section 208-f(c) to increase certain Special Accidental
        Death Benefits (SADB) for surviving  spouses,  dependent  children,  and
        certain  other  individuals (Eligible Beneficiaries) of former uniformed
        employees of the City of New York and  the  New  York  City  Health  and
        Hospitals  Corporation,  and for certain former employees of the Tribor-
        ough Bridge and Tunnel Authority, who were members of certain  New  York
        City  Pension  Funds or Retirement Systems (NYCRS) and died as a natural

        S. 7508--B                         186                        A. 9508--B
 
        and proximate result of an accident  sustained  in  the  performance  of
        duty.
          Effective Date: July 1, 2020.
          BACKGROUND: Under the GML, the basic SADB is defined as:
          The  salary  of  the  deceased member at date of death (or, in certain
        instances, a greater salary based on a  higher  rank  or  other  status)
        (Final Salary), less the following payments to an Eligible Beneficiary:
           * Any NYCRS death benefit as adjusted by any Supplementation or Cost-
           of-Living Adjustment (COLA),
           * Any Social Security death benefit, and
           * Any Workers' Compensation benefit.
          The  SADB is paid to the deceased member's surviving spouse, if alive.
        If the spouse is no longer alive, the  SADB  is  paid  to  the  deceased
        member's  children  until  age  eighteen  or until age twenty-three if a
        student. If neither a spouse nor a dependent child is  alive,  the  SADB
        may  be  paid  to  certain other individuals, if eligible, in accordance
        with certain laws related to the World Trade Center attack.
          The GML also provides that the SADB is subject to escalation based  on
        the  calendar  year in which the former member died. The SADB has tradi-
        tionally been increased by a cumulative, incremental percentage of Final
        Salary based on the calendar year of the member's death.
          IMPACT ON BENEFITS: With respect to the  NYCRS,  the  proposed  legis-
        lation  would impact the SADB payable to certain survivors of members of
        the:
           * New York City Employees' Retirement System (NYCERS),
           * New York City Police Pension Fund (POLICE), or
           * New York City Fire Pension Fund (FIRE),
           and who were employed by one of the following  employers  in  certain
           positions:
           * New York City Police Department - Uniformed Position,
           * New York City Fire Department - Uniformed Position,
           * New York City Department of Sanitation - Uniformed Position,
           * New York City Housing Authority - Uniformed Position,
           * New York City Transit Authority - Uniformed Position,
           * New York City Department of Correction - Uniformed Position,
           *  New York City - Uniformed Position as Emergency Medical Technician
           (EMT),
           * New York City Health and Hospitals Corporation - Uniformed Position
           as EMT, or
          * Triborough Bridge and Tunnel Authority - Bridge and Tunnel Position.
          Under the proposed legislation, effective July 1, 2020, an  additional
        3.0%  of  Final  Salary  would be applied to the SADB paid due to deaths
        occurring in each calendar year on and after 1977. The SADB  for  deaths
        occurring  prior  to  1977  would  receive the same escalation as deaths
        occurring in 1977.
          FINANCIAL IMPACT - PRESENT VALUES: Based on the Eligible Beneficiaries
        of deceased NYCRS members who would be impacted by this proposed  legis-
        lation  and  the actuarial assumptions and methods described herein, the
        enactment of this proposed legislation would increase the Present  Value
        of Future Benefits (PVFB) by approximately $52.0 million.
          FINANCIAL  IMPACT  - ANNUAL EMPLOYER CONTRIBUTIONS: As a result of the
        past four decades' practice of providing 3.0% COLAs  on  the  SADB  each
        year,  and  the likelihood that COLAs will continue to be granted in the
        future, the Actuary assumes that  the  SADB  benefit  will  continue  to
        increase  3.0%  per  year  in  the  future in determining NYCRS employer
        contributions. Therefore, the costs of this  proposed  legislation  have

        S. 7508--B                         187                        A. 9508--B
 
        already  been accounted for and will not result in a further increase in
        employer contributions. There will, however, be a decrease  in  employer
        contributions if the proposed legislation is not enacted.
          In accordance with Section 13-638.2(k-2) of the Administrative Code of
        the  City of New York (ACCNY), new Unfunded Accrued Liability to benefit
        changes are to be amortized as determined by the Actuary, but are gener-
        ally amortized over the remaining working lifetime of those impacted  by
        the  benefit  changes.  However, since changes in the SADB COLA paid are
        not known in advance, the decrease in expected pension payments  due  to
        this  legislation  not  passing  would  be treated as an actuarial gain.
        These actuarial gains would be  amortized  over  a  15-year  period  (14
        payments  under  the One-Year Lag Methodology (OYLM)) using level dollar
        payments.  This would result in a  decrease  in  NYCRS  annual  employer
        contributions of approximately $6.2 million each year.
          CONTRIBUTION  TIMING:  For  the  purposes  of  this Fiscal Note, it is
        assumed that the changes in the PVFB and annual  employer  contributions
        if  this  proposed legislation fails to pass, would be reflected for the
        first time in the Final June 30, 2021 actuarial  valuations  of  NYCERS,
        POLICE, and FIRE. In accordance with the OYLM used to determine employer
        contributions,  the  decrease  in  employer contributions would first be
        reflected in Fiscal Year 2023.
          CENSUS DATA: The estimates presented herein are based upon the  census
        data for such Eligible Beneficiaries provided by NYCRS.
 
                                                         Annual Accidental Death
                            Number of Deceased Members   Benefit Prior to Proposed
        Retirement System   with Eligible Survivors      July 1, 2019 Increase
                                                         ($ Millions)
        NYCERS                      40                       $ 3.7
        POLICE                     426                        48.6
        FIRE                       643                        77.3
 
        Total                    1,109                      $129.6
 
        ACTUARIAL  ASSUMPTIONS  AND  METHODS: The changes in the PVFB and annual
        employer contributions presented herein have been  calculated  based  on
        the  actuarial  assumptions  and methods in effect for the June 30, 2019
        (Lag) actuarial valuations used to determine the Preliminary Fiscal Year
        2021 employer contributions of NYCERS, POLICE, and FIRE.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on the realization of the actuarial assumptions used, as well as
        certain demographic characteristics of NYCERS, POLICE and FIRE and other
        exogenous factors such as investment, contribution, and other risks.  If
        actual  experience deviates from actuarial assumptions, the actual costs
        could differ from those presented herein. Costs are  also  dependent  on
        the  actuarial  methods  used, and therefore different actuarial methods
        could produce different results. Quantifying these risks is  beyond  the
        scope of this Fiscal Note.
          Not measured in this Fiscal Note are the following:
           * The initial, additional administrative costs of NYCERS, POLICE, and
           FIRE  and  other  New  York  City  agencies to implement the proposed
           legislation.
          STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief  Actu-
        ary  for,  and  independent of, the New York City Retirement Systems and
        Pension Funds. I am a Fellow of the Society of  Actuaries,  an  Enrolled

        S. 7508--B                         188                        A. 9508--B

        Actuary under the Employee Retirement Income and Security Act of 1974, a
        Member of the American Academy of Actuaries, and a Fellow of the Confer-
        ence  of Consulting Actuaries. I meet the Qualification Standards of the
        American  Academy of Actuaries to render the actuarial opinion contained
        herein. To the best of my knowledge, the results contained  herein  have
        been prepared in accordance with generally accepted actuarial principles
        and  procedures  and  with the Actuarial Standards of Practice issued by
        the Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2020-16 dated  March  18,
        2020  was prepared by the Chief Actuary for the New York City Employees'
        Retirement System, the New York City Police Pension Fund, and  New  York
        City  Fire  Pension  Fund. This estimate is intended for use only during
        the 2020 Legislative Session.

     1                                  ITEM OOO
 
     2    Section 1. Section 2 of chapter 633 of the laws of 2006, amending  the
     3  public health law relating to the home based primary care for the elder-
     4  ly demonstration project, as amended by chapter 124 of the laws of 2015,
     5  is amended to read as follows:
     6    §  2.  This  act shall take effect immediately and shall expire and be
     7  deemed repealed January 1, [2021] 2026.
     8    § 2. This act shall take effect immediately and  shall  be  deemed  to
     9  have been in full force and effect on and after January 1, 2021.
 
    10                                  ITEM PPP
 
    11    Section  1. Section 3 of chapter 329 of the laws of 2015, amending the
    12  vehicle and traffic law relating to the residential  parking  system  in
    13  the  village  of Dobbs Ferry in the county of Westchester, as amended by
    14  chapter 240 of the laws of 2017, is amended to read as follows:
    15    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    16  have  become  a law and shall expire on January 1, [2021] 2025 when upon
    17  such date the provisions of this act shall be deemed repealed.
    18    § 2. This act shall take effect immediately.
 
    19                                  ITEM QQQ
 
    20    Section 1. Section 3 of chapter 383 of the laws of 1991,  relating  to
    21  the  incorporation  of  the  New  York Zoological Society, as amended by
    22  chapter 39 of the laws of 2015, is amended to read as follows:
    23    § 3. This act shall take effect immediately, provided,  however,  that
    24  section  two  of this act shall take effect [July 1] December 31, [2020]
    25  2025.
    26    § 2. This act shall take effect immediately.

    27                                  ITEM RRR
 
    28    Section 1. The opening paragraph of paragraph (a) of subdivision 1  of
    29  section  489  of  the real property tax law, as amended by chapter 72 of
    30  the laws of 2019, is amended to read as follows:
    31    Any city to which the multiple  dwelling  law  is  applicable,  acting
    32  through  its local legislative body or other governing agency, is hereby
    33  authorized and empowered, to and including January first,  two  thousand
    34  [twenty] twenty-one, to adopt and amend local laws or ordinances provid-
    35  ing  that  any  increase in assessed valuation of real property shall be

        S. 7508--B                         189                        A. 9508--B
 
     1  exempt from taxation for local purposes,  as  provided  herein,  to  the
     2  extent such increase results from:
     3    §  2.  The  closing  paragraph  of  subparagraph 6 of paragraph (a) of
     4  subdivision 1 of section 489 of the real property tax law, as amended by
     5  chapter 72 of the laws of 2019, is amended to read as follows:
     6    Such conversion, alterations or improvements shall be completed within
     7  thirty months after the date on which same shall be started except  that
     8  such  thirty month limitation shall not apply to conversions of residen-
     9  tial units which are registered with the loft board in  accordance  with
    10  article  seven-C  of  the multiple dwelling law pursuant to subparagraph
    11  one of this paragraph. Notwithstanding  the  foregoing,  a  sixty  month
    12  period for completion shall be available for alterations or improvements
    13  undertaken  by  a housing development fund company organized pursuant to
    14  article eleven of the private housing finance law, which are carried out
    15  with the substantial assistance of grants, loans or subsidies  from  any
    16  federal,  state or local governmental agency or instrumentality or which
    17  are carried out in a property transferred from such city if  alterations
    18  and  improvements  are  completed  within  seven years after the date of
    19  transfer. In addition, the local housing agency is hereby  empowered  to
    20  grant  an  extension of the period of completion for any project carried
    21  out with the substantial assistance of grants, loans or  subsidies  from
    22  any  federal,  state or local governmental agency or instrumentality, if
    23  such alterations or improvements are completed within sixty months  from
    24  commencement  of  construction. Provided, further, that such conversion,
    25  alterations or improvements shall in any event  be  completed  prior  to
    26  June  thirtieth, two thousand [twenty] twenty-one. Exemption for conver-
    27  sions, alterations or improvements pursuant to  subparagraph  one,  two,
    28  three  or  four  of  this  paragraph  shall continue for a period not to
    29  exceed fourteen years and begin no sooner than the first  quarterly  tax
    30  bill  immediately  following  the  completion of such conversion, alter-
    31  ations or improvements. Exemption for alterations or improvements pursu-
    32  ant to this subparagraph or subparagraph five of  this  paragraph  shall
    33  continue for a period not to exceed thirty-four years and shall begin no
    34  sooner  than  the  first  quarterly  tax  bill immediately following the
    35  completion of such alterations or improvements. Such exemption shall  be
    36  equal  to the increase in the valuation which is subject to exemption in
    37  full or proportionally under this subdivision for ten or  thirty  years,
    38  whichever  is  applicable. After such period of time, the amount of such
    39  exempted assessed valuation of such improvements  shall  be  reduced  by
    40  twenty  percent  in each succeeding year until the assessed value of the
    41  improvements are fully taxable.   Provided, however, exemption  for  any
    42  conversion,  alterations  or  improvements  which are aided by a loan or
    43  grant under article eight, eight-A, eleven, twelve, fifteen  or  twenty-
    44  two of the private housing finance law, section six hundred ninety-six-a
    45  or  section ninety-nine-h of the general municipal law, or section three
    46  hundred twelve of the housing act of  nineteen  hundred  sixty-four  (42
    47  U.S.C.A.  1452b),  or  the Cranston-Gonzalez national affordable housing
    48  act (42 U.S.C.A. 12701 et.  seq.), or started after July first, nineteen
    49  hundred eighty-three by a housing  development  fund  company  organized
    50  pursuant  to article eleven of the private housing finance law which are
    51  carried out with the substantial assistance of grants, loans  or  subsi-
    52  dies  from any federal, state or local governmental agency or instrumen-
    53  tality or which are carried out in a property transferred from any  city
    54  and  where alterations and improvements are completed within seven years
    55  after the date of transfer may commence at  the  beginning  of  any  tax
    56  quarter  subsequent  to  the  start  of  such conversion, alterations or

        S. 7508--B                         190                        A. 9508--B
 
     1  improvements and prior to the completion of such conversion, alterations
     2  or improvements.
     3    § 3. This act shall take effect immediately.
 
     4                                  ITEM SSS
 
     5    Section  1. Section 3 of chapter 831 of the laws of 1981, amending the
     6  labor law relating  to  fees  and  expenses  in  unemployment  insurance
     7  proceedings,  as  amended by chapter 257 of the laws of 2018, is amended
     8  to read as follows:
     9    § 3. This act shall take effect January 1,  1982,  provided,  however,
    10  that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
    11  law  as  added by section one of this act shall remain in full force and
    12  effect until December 31, [2020] 2022.
    13    § 2. This act shall take effect immediately.
 
    14                                  ITEM TTT
 
    15    Section 1. Paragraph 3 of subsection (c) of section 6302 of the insur-
    16  ance law, as amended by chapter 438 of the laws of 2018, is  amended  to
    17  read as follows:
    18    (3)  until [December thirty-first] June thirtieth, two thousand [twen-
    19  ty] twenty-three, a domestic property/casualty  insurance  company  that
    20  maintains  at all times a surplus to policyholders of at least twice the
    21  minimum surplus to policyholders required to be maintained for the kinds
    22  of insurance that it is authorized to write in this state, or an insurer
    23  licensed pursuant to article sixty-one of this chapter as  a  reciprocal
    24  insurer  that  maintains  at  all times a surplus to policyholders of at
    25  least the minimum surplus to policyholders required to be maintained for
    26  the kinds of insurance that it is authorized to  write  in  this  state,
    27  provided that the domestic property/casualty insurance company or recip-
    28  rocal  insurer:    (A)  has  total direct premiums comprised of at least
    29  ninety percent medical malpractice insurance;  (B)  assumes  reinsurance
    30  premiums  in  an  amount  that is less than five percent of total direct
    31  premiums written; and (C) writes ninety  percent  of  its  total  direct
    32  premiums in this state.
    33    § 2. This act shall take effect immediately.
 
    34                                  ITEM UUU
 
    35    Section 1. The opening paragraph of subparagraph (B) of paragraph 2 of
    36  subdivision  (b)  of  section 1402 of the tax law, as amended by chapter
    37  272 of the laws of 2017, is amended to read as follows:
    38    For purposes of this subdivision, the phrase "real  estate  investment
    39  trust  transfer" shall mean any conveyance of real property or an inter-
    40  est therein to a REIT, or to a partnership or  corporation  in  which  a
    41  REIT  owns  a controlling interest immediately following the conveyance,
    42  which conveyance (I) occurs in connection with the initial formation  of
    43  the REIT, provided that the conditions set forth in clauses (i) and (ii)
    44  of  this  subparagraph  are  satisfied,  or (II) in the case of any real
    45  estate investment trust transfer occurring on or after July  thirteenth,
    46  nineteen  hundred  ninety-six  and  before September first, two thousand
    47  [twenty] twenty-three, is described in the last sentence of this subpar-
    48  agraph.

        S. 7508--B                         191                        A. 9508--B
 
     1    § 2. Subparagraph 2 of paragraph (xi) of subdivision  (b)  of  section
     2  1201  of  the tax law, as amended by chapter 272 of the laws of 2017, is
     3  amended to read as follows:
     4    (2)  any  issuance or transfer of an interest in a REIT, or in a part-
     5  nership or corporation in which a REIT owns a controlling interest imme-
     6  diately following the issuance or transfer, in connection with a  trans-
     7  action described in subparagraph one of this paragraph.  Notwithstanding
     8  the  foregoing,  a transaction described in the preceding sentence shall
     9  not constitute a real estate investment trust  transfer  unless  (A)  it
    10  occurs  in  connection  with  the  initial formation of the REIT and the
    11  conditions described in subparagraphs three and four of  this  paragraph
    12  are  satisfied,  or  (B) in the case of any real estate investment trust
    13  transfer occurring on or after July thirteenth, nineteen  hundred  nine-
    14  ty-six  and  before September first, two thousand [twenty] twenty-three,
    15  the transaction is described in subparagraph five of this  paragraph  in
    16  which case the provisions of such subparagraph shall apply.
    17    §  3.  Subparagraph  (B)  of  paragraph  2 of subdivision e of section
    18  11-2102 of the administrative code of the city of New York,  as  amended
    19  by chapter 272 of the laws of 2017, is amended to read as follows:
    20    (B)  any  issuance or transfer of an interest in a REIT, or in a part-
    21  nership or corporation in which a REIT owns a controlling interest imme-
    22  diately following the issuance or transfer in connection with  a  trans-
    23  action described in subparagraph (A) of this paragraph.  Notwithstanding
    24  the  foregoing,  a transaction described in the preceding sentence shall
    25  not constitute a real estate investment trust  transfer  unless  (i)  it
    26  occurs  in  connection  with  the  initial formation of the REIT and the
    27  conditions described in subparagraphs (C) and (D) of this paragraph  are
    28  satisfied,  or  (ii)  in  the  case  of any real estate investment trust
    29  transfer occurring on or after July thirteenth, nineteen  hundred  nine-
    30  ty-six  and  before September first, two thousand [twenty] twenty-three,
    31  the transaction is described in subparagraph (E) of  this  paragraph  in
    32  which case the provision of such subparagraph shall apply.
    33    § 4. This act shall take effect immediately.
    34    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    35  sion, section, or item of this subpart shall be adjudged by any court of
    36  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    37  impair, or invalidate the remainder thereof, but shall  be  confined  in
    38  its  operation to the clause, sentence, paragraph, subdivision, section,
    39  or item thereof directly involved in the controversy in which such judg-
    40  ment shall have been rendered. It is hereby declared to be the intent of
    41  the legislature that this act would  have  been  enacted  even  if  such
    42  invalid provisions had not been included herein.
    43    §  3.  This  act shall take effect immediately provided, however, that
    44  the applicable effective date of Items A through UUU of this  act  shall
    45  be as specifically set forth in the last section of such Items.
 
    46                                  SUBPART C
 
    47    Section  1. This Subpart enacts into law legislation providing for the
    48  imposition of sales  and  compensating  use  taxes  by  certain  munici-
    49  palities.   Each component is wholly contained within an Item identified
    50  as Items A through EEE. The effective date for each particular provision
    51  contained within an Item is set forth in the last section of such  Item.
    52  Any  provision  of  any  section contained within an Item, including the
    53  effective date of the Item, which makes reference to a section "of  this
    54  act",  when  used in connection with that particular component, shall be

        S. 7508--B                         192                        A. 9508--B

     1  deemed to mean and refer to the corresponding section  of  the  Item  in
     2  which  it is found. Section three of this Subpart sets forth the general
     3  effective date of this Subpart.
 
     4                                   ITEM A
 
     5    Section  1.  Clause 10 of subparagraph (i) of the opening paragraph of
     6  section 1210 of the tax law, as amended by section 1  of  subpart  A  of
     7  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     8    (10)  the  county of Albany is hereby further authorized and empowered
     9  to adopt and amend local laws, ordinances or resolutions  imposing  such
    10  taxes  at  a  rate  which is one percent additional to the three percent
    11  rate authorized above in this paragraph for such county for  the  period
    12  beginning September first, nineteen hundred ninety-two and ending Novem-
    13  ber thirtieth, two thousand [twenty] twenty-three;
    14    §  2. Notwithstanding any inconsistent provision of law, if the county
    15  of Albany imposes the additional one percent rate of sales  and  compen-
    16  sating  use  taxes authorized by section one of this act for any portion
    17  of the period during which the county is so authorized  to  impose  such
    18  additional  one  percent  rate of such taxes, then such county of Albany
    19  shall allocate and distribute quarterly to the cities and  the  area  in
    20  the  county  outside  the  cities the same proportion of net collections
    21  attributable to such additional one percent rate of such taxes  as  such
    22  county is allocating and distributing the net collections from the coun-
    23  ty's three percent rate of such taxes as of the date this act shall have
    24  become  a  law, and such portion of net collections attributable to such
    25  additional one percent  rate  of  such  taxes  shall  be  allocated  and
    26  distributed  to the towns and villages in such county in the same manner
    27  as the net collections attributable to such county's three percent  rate
    28  of  such  taxes are allocated and distributed to such towns and villages
    29  as of the date this act shall have become a law. In the event  that  any
    30  city  in  the  county  of Albany exercises its prior right to impose tax
    31  pursuant to section 1224 of the tax law, then the county of Albany shall
    32  not be required to allocate and distribute net collections in accordance
    33  with the previous sentence for any period of time during which any  such
    34  city tax is in effect.
    35    § 3. This act shall take effect immediately.
 
    36                                   ITEM B
 
    37    Section  1.  Clause  8 of subparagraph (i) of the opening paragraph of
    38  section 1210 of the tax law, as amended by section 1  of  subpart  B  of
    39  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    40    (8)  the county of Allegany is hereby further authorized and empowered
    41  to adopt and amend local laws, ordinances or resolutions  imposing  such
    42  taxes  at  a  rate  which  is:  (i)  one percent additional to the three
    43  percent rate authorized above in this paragraph for such county for  the
    44  period  beginning December first, nineteen hundred eighty-six and ending
    45  November thirtieth, two thousand four; and (ii) one and one-half percent
    46  additional to the three percent rate authorized above in this  paragraph
    47  for  such  county  for the period beginning December first, two thousand
    48  four and ending November thirtieth, two thousand [twenty] twenty-three;
    49    § 2. This act shall take effect immediately.
 
    50                                   ITEM C

        S. 7508--B                         193                        A. 9508--B
 
     1    Section 1. Clause 18 of subparagraph (i) of the opening  paragraph  of
     2  section  1210  of  the  tax law, as amended by section 1 of subpart C of
     3  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     4    (18)  the  county of Broome is hereby further authorized and empowered
     5  to adopt and amend local laws, ordinances or resolutions  imposing  such
     6  taxes  at  a  rate  which is one percent additional to the three percent
     7  rate authorized above in this paragraph for such county for  the  period
     8  beginning March first, nineteen hundred ninety-four, and ending November
     9  thirtieth, two thousand [twenty] twenty-three;
    10    § 2. This act shall take effect immediately.
 
    11                                   ITEM D

    12    Section  1.  Clause  5 of subparagraph (i) of the opening paragraph of
    13  section 1210 of the tax law, as amended by section 1  of  subpart  D  of
    14  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    15    (5)  the  county  of  Cattaraugus  is  hereby  further  authorized and
    16  empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
    17  imposing  such  taxes  at  a rate which is one percent additional to the
    18  three percent rate authorized above in this paragraph  for  such  county
    19  for  the  period  beginning March first, nineteen hundred eighty-six and
    20  ending November thirtieth, two thousand [twenty] twenty-three;
    21    § 2. This act shall take effect immediately.
 
    22                                   ITEM E
 
    23    Section 1. Clause 9 of subparagraph (i) of the  opening  paragraph  of
    24  section  1210  of  the  tax law, as amended by section 1 of subpart E of
    25  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    26    (9) the county of Cayuga is hereby further authorized and empowered to
    27  adopt and amend local laws,  ordinances  or  resolutions  imposing  such
    28  taxes  at  a  rate  which is one percent additional to the three percent
    29  rate authorized above in this paragraph for such county for  the  period
    30  beginning September first, nineteen hundred ninety-two and ending Novem-
    31  ber thirtieth, two thousand [twenty] twenty-three;
    32    § 2. This act shall take effect immediately.
 
    33                                   ITEM F
 
    34    Section  1.  Clause 38 of subparagraph (i) of the opening paragraph of
    35  section 1210 of the tax law, as amended by section 1  of  subpart  F  of
    36  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    37    (38)  the  county  of  Chautauqua  is  hereby  further  authorized and
    38  empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
    39  imposing  such  taxes at a rate that is: (i) one and one-quarter percent
    40  additional to the three percent rate authorized above in this  paragraph
    41  for  such county for the period beginning March first, two thousand five
    42  and ending August thirty-first, two thousand six; (ii) one percent addi-
    43  tional to the three percent rate authorized above in this paragraph  for
    44  such  county  for the period beginning September first, two thousand six
    45  and ending November thirtieth, two thousand seven; (iii)  three-quarters
    46  of  one percent additional to the three percent rate authorized above in
    47  this paragraph for such county for the period beginning December  first,
    48  two thousand seven and ending November thirtieth, two thousand ten; (iv)
    49  one-half  of one percent additional to the three percent rate authorized
    50  above in this paragraph for such county for the period beginning  Decem-

        S. 7508--B                         194                        A. 9508--B
 
     1  ber  first, two thousand ten and ending November thirtieth, two thousand
     2  fifteen; and (v) one  percent  additional  to  the  three  percent  rate
     3  authorized above in this clause for such county for the period beginning
     4  December  first, two thousand fifteen and ending November thirtieth, two
     5  thousand [twenty] twenty-three;
     6    § 2. Section 1262-o of the tax law, as amended by section 2 of subpart
     7  F of part A of chapter 61 of the laws of 2017, is  amended  to  read  as
     8  follows:
     9    §  1262-o.  Disposition of net collections from the additional rate of
    10  sales and compensating use taxes in the county of Chautauqua.   Notwith-
    11  standing  any  contrary  provision  of  law, if the county of Chautauqua
    12  imposes the additional one and one-quarter percent  rate  of  sales  and
    13  compensating  use taxes authorized by section twelve hundred ten of this
    14  article for all or any portion of the period beginning March first,  two
    15  thousand  five  and  ending  August  thirty-first, two thousand six, the
    16  additional one percent rate authorized by such section for all or any of
    17  the period beginning September first, two thousand six and ending Novem-
    18  ber thirtieth, two thousand seven, the additional three-quarters of  one
    19  percent  rate  authorized  by  such section for all or any of the period
    20  beginning December first, two thousand seven and ending November thirti-
    21  eth, two thousand ten, the county shall allocate one-fifth  of  the  net
    22  collections  from  the  additional  three-quarters of one percent to the
    23  cities, towns and villages in the county on the basis of  their  respec-
    24  tive  populations,  determined  in  accordance with the latest decennial
    25  federal census or special population census taken  pursuant  to  section
    26  twenty of the general municipal law completed and published prior to the
    27  end  of  the  quarter for which the allocation is made, and allocate the
    28  remainder of the net collections from the additional  three-quarters  of
    29  one  percent  as  follows: (1) to pay the county's expenses for Medicaid
    30  and other expenses required by law; (2) to pay for local road and bridge
    31  projects; (3) for the purposes of  capital  projects  and  repaying  any
    32  debts  incurred  for  such  capital projects in the county of Chautauqua
    33  that are not otherwise paid for by revenue received  from  the  mortgage
    34  recording  tax;  and  (4)  for  deposit  into  a reserve fund for bonded
    35  indebtedness established pursuant to the general municipal law. Notwith-
    36  standing any contrary provision of law,  if  the  county  of  Chautauqua
    37  imposes  the  additional one-half percent rate of sales and compensating
    38  use taxes authorized by such section twelve hundred ten for all  or  any
    39  of  the  period  beginning  December  first, two thousand ten and ending
    40  November thirtieth, two thousand  fifteen,  the  county  shall  allocate
    41  three-tenths  of the net collections from the additional one-half of one
    42  percent to the cities, towns and villages in the county on the basis  of
    43  their  respective  populations, determined in accordance with the latest
    44  decennial federal census or special population census taken pursuant  to
    45  section  twenty  of  the  general  municipal law completed and published
    46  prior to the end of the quarter for which the allocation  is  made,  and
    47  allocate  the  remainder of the net collections from the additional one-
    48  half of one percent as follows: (1) to pay  the  county's  expenses  for
    49  Medicaid  and  other expenses required by law; (2) to pay for local road
    50  and bridge projects; (3) for the purposes of capital projects and repay-
    51  ing any debts incurred for such capital projects in the county of  Chau-
    52  tauqua  that  are  not  otherwise  paid for by revenue received from the
    53  mortgage recording tax; and (4) for deposit  into  a  reserve  fund  for
    54  bonded  indebtedness  established pursuant to the general municipal law.
    55  Notwithstanding any contrary provision of law, if the county of Chautau-
    56  qua imposes the additional one percent rate of  sales  and  compensating

        S. 7508--B                         195                        A. 9508--B
 
     1  use  taxes  authorized by such section twelve hundred ten for all or any
     2  of the period beginning December first, two thousand fifteen and  ending
     3  November thirtieth, two thousand [twenty] twenty-three, the county shall
     4  allocate three-twentieths of the net collections from the additional one
     5  percent  to the cities, towns and villages in the county on the basis of
     6  their respective populations, determined in accordance with  the  latest
     7  decennial  federal census or special population census taken pursuant to
     8  section twenty of the general  municipal  law  completed  and  published
     9  prior  to  the  end of the quarter for which the allocation is made, and
    10  allocate the remainder of the net collections from  the  additional  one
    11  percent  as  follows:  (1) to pay the county's expenses for Medicaid and
    12  other expenses required by law; (2) to pay for  local  road  and  bridge
    13  projects;  (3)  for  the  purposes  of capital projects and repaying any
    14  debts incurred for such capital projects in  the  county  of  Chautauqua
    15  that  are  not  otherwise paid for by revenue received from the mortgage
    16  recording tax; and (4) for  deposit  into  a  reserve  fund  for  bonded
    17  indebtedness established pursuant to the general municipal law.  The net
    18  collections  from  the additional rates imposed pursuant to this section
    19  shall be deposited in a special fund to be created by such county  sepa-
    20  rate  and  apart  from  any other funds and accounts of the county to be
    21  used for purposes above described.
    22    § 3. This act shall take effect immediately.
 
    23                                   ITEM G

    24    Section 1. Clause 27 of subparagraph (i) of the opening  paragraph  of
    25  section  1210  of  the  tax law, as amended by section 1 of subpart G of
    26  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    27    (27) the county of Chemung is hereby further authorized and  empowered
    28  to  adopt  and amend local laws, ordinances or resolutions imposing such
    29  taxes at a rate which is one percent additional  to  the  three  percent
    30  rate  authorized  above in this paragraph for such county for the period
    31  beginning December first, two thousand two, and ending November  thirti-
    32  eth, two thousand [twenty] twenty-three;
    33    § 2. This act shall take effect immediately.
 
    34                                   ITEM H
 
    35    Section  1.  Clause 24 of subparagraph (i) of the opening paragraph of
    36  section 1210 of the tax law, as amended by section 1  of  subpart  H  of
    37  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    38    (24) the county of Chenango is hereby further authorized and empowered
    39  to  adopt  and amend local laws, ordinances or resolutions imposing such
    40  taxes at a rate which is one percent additional  to  the  three  percent
    41  rate  authorized  above in this paragraph for such county for the period
    42  beginning September first, two thousand two, and ending November thirti-
    43  eth, two thousand [twenty] twenty-three;
    44    § 2. This act shall take effect immediately.
 
    45                                   ITEM I
 
    46    Section 1. Clause 36 of subparagraph (i) of the opening  paragraph  of
    47  section  1210  of  the  tax law, as amended by section 1 of subpart I of
    48  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    49    (36) the county of Clinton is hereby further authorized and  empowered
    50  to  adopt  and amend local laws, ordinances or resolutions imposing such

        S. 7508--B                         196                        A. 9508--B
 
     1  taxes at a rate which is one percent additional  to  the  three  percent
     2  rate  authorized  above in this paragraph for such county for the period
     3  beginning December first, two thousand seven, and ending November  thir-
     4  tieth, two thousand [twenty] twenty-three;
     5    §  2.   Subdivision (cc) of section 1224 of the tax law, as amended by
     6  section 2 of subpart I of part A of chapter 61 of the laws of  2017,  is
     7  amended to read as follows:
     8    (cc)  The  county  of  Clinton shall have the sole right to impose the
     9  additional one percent rate of tax which such county  is  authorized  to
    10  impose  pursuant  to the authority of section twelve hundred ten of this
    11  article. Such additional rate of tax shall be in addition to  any  other
    12  tax  which  such  county  may impose or may be imposing pursuant to this
    13  article or any other law and such additional rate of tax  shall  not  be
    14  subject  to  preemption.  The  maximum three percent rate referred to in
    15  this section shall be calculated without reference to the additional one
    16  percent rate of tax which  the  county  of  Clinton  is  authorized  and
    17  empowered  to adopt pursuant to section twelve hundred ten of this arti-
    18  cle. Net collections from any additional rate of sales and  compensating
    19  use  taxes  which  the  county  may  impose during the period commencing
    20  December first, two thousand eleven, and ending November thirtieth,  two
    21  thousand  [twenty]  twenty-three,  pursuant  to the authority of section
    22  twelve hundred ten of this article shall be used by  the  county  solely
    23  for county purposes and shall not be subject to any revenue distribution
    24  agreement  entered  into pursuant to the authority of subdivision (c) of
    25  section twelve hundred sixty-two of this article.
    26    § 3. This act shall take effect immediately.
 
    27                                   ITEM J
 
    28    Section 1. Clause 21 of subparagraph (i) of the opening  paragraph  of
    29  section  1210  of  the  tax law, as amended by section 1 of subpart J of
    30  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    31    (21) the county of Columbia is hereby further authorized and empowered
    32  to adopt and amend local laws, ordinances or resolutions  imposing  such
    33  taxes  at  a  rate  which is one percent additional to the three percent
    34  rate authorized above in this paragraph for such county for  the  period
    35  beginning March first, nineteen hundred ninety-five, and ending November
    36  thirtieth, two thousand [twenty] twenty-three;
    37    § 2. This act shall take effect immediately.
 
    38                                   ITEM K
 
    39    Section  1.  Clause 12 of subparagraph (i) of the opening paragraph of
    40  section 1210 of the tax law, as amended by section 1  of  subpart  K  of
    41  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    42    (12) the county of Cortland is hereby further authorized and empowered
    43  to  adopt and amend local laws, ordinances, or resolutions imposing such
    44  taxes at a rate which is one percent additional  to  the  three  percent
    45  rate  authorized  above in this paragraph for such county for the period
    46  beginning September first, nineteen hundred ninety-two and ending Novem-
    47  ber thirtieth, two thousand [twenty] twenty-three;
    48    § 2. This act shall take effect immediately.

    49                                   ITEM L

        S. 7508--B                         197                        A. 9508--B
 
     1    Section 1. Clause 41 of subparagraph (i) of the opening  paragraph  of
     2  section  1210  of  the  tax law, as amended by section 1 of subpart L of
     3  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     4    (41) the county of Delaware is hereby further authorized and empowered
     5  to  adopt  and amend local laws, ordinances or resolutions imposing such
     6  taxes at a rate which is one percent additional  to  the  three  percent
     7  rate  authorized  above in this paragraph for such county for the period
     8  beginning September first, two thousand two, and ending November thirti-
     9  eth, two thousand [twenty] twenty-three;
    10    § 2. This act shall take effect immediately.

    11                                   ITEM M
 
    12    Section 1. Clause 29 of subparagraph (i) of the opening  paragraph  of
    13  section  1210  of  the  tax law, as amended by section 1 of subpart M of
    14  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    15    (29) the county of Dutchess is hereby further authorized and empowered
    16  to adopt and amend local laws, ordinances or resolutions  imposing  such
    17  taxes at a rate which is three-quarters of one percent additional to the
    18  three  percent  rate  authorized above in this paragraph for such county
    19  for the period beginning March first, two  thousand  three,  and  ending
    20  November thirtieth, two thousand [twenty] twenty-three,
    21    § 2. This act shall take effect immediately.
 
    22                                   ITEM N
 
    23    Section  1.  Clause  4 of subparagraph (i) of the opening paragraph of
    24  section 1210 of the tax law, as amended by section 1  of  subpart  N  of
    25  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    26    (4)  the  county of Erie is hereby further authorized and empowered to
    27  adopt and amend local laws,  ordinances  or  resolutions  imposing  such
    28  taxes (i) at a rate which is one percent additional to the three percent
    29  rate  authorized  above in this paragraph for such county for the period
    30  beginning January tenth, nineteen hundred eighty-eight and ending Novem-
    31  ber thirtieth, two thousand [twenty] twenty-three; and (ii)  at  a  rate
    32  which  is  three-quarters of one percent additional to the three percent
    33  rate authorized above in this paragraph, and which is also additional to
    34  the one percent rate also authorized above in this clause for such coun-
    35  ty, for the period beginning December first, two  thousand  eleven,  and
    36  ending November thirtieth, two thousand [twenty] twenty-three;
    37    §  2.  Subdivision  2  of section 1262-q of the tax law, as amended by
    38  section 2 of subpart N of part A of chapter 61 of the laws of  2017,  is
    39  amended to read as follows:
    40    (2)  Net collections from the additional three-quarters of one percent
    41  rate of sales and compensating use taxes which  the  county  may  impose
    42  during  the  period  commencing December first, two thousand eleven, and
    43  ending November thirtieth, two thousand [twenty] twenty-three,  pursuant
    44  to  the  authority of item (ii) of clause (4) of subparagraph (i) of the
    45  opening paragraph of section twelve hundred ten of this article shall be
    46  used by the county solely for county purposes and shall not  be  subject
    47  to  any  revenue distribution agreement the county entered into pursuant
    48  to the authority of subdivision (c) of section twelve hundred  sixty-two
    49  of this part.
    50    § 3. This act shall take effect immediately.
 
    51                                   ITEM O

        S. 7508--B                         198                        A. 9508--B
 
     1    Section  1.  Clause 36 of subparagraph (i) of the opening paragraph of
     2  section 1210 of the tax law, as amended by section 1  of  subpart  O  of
     3  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     4    (36) the county of Essex is hereby further authorized and empowered to
     5  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
     6  taxes at a rate which is one percent additional  to  the  three  percent
     7  rate  authorized  above in this paragraph for such county for the period
     8  beginning December first, two thousand  thirteen,  and  ending  November
     9  thirtieth, two thousand [twenty] twenty-three;
    10    § 2. This act shall take effect immediately.
 
    11                                   ITEM P
 
    12    Section  1.  Clause 40 of subparagraph (i) of the opening paragraph of
    13  section 1210 of the tax law, as amended by section 1  of  subpart  P  of
    14  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    15    (40) the county of Franklin is hereby further authorized and empowered
    16  to  adopt  and amend local laws, ordinances or resolutions imposing such
    17  taxes at a rate that is one percent additional to the three percent rate
    18  authorized above in this paragraph for such county for the period begin-
    19  ning June first, two thousand six and  ending  November  thirtieth,  two
    20  thousand [twenty] twenty-three;
    21    § 2. This act shall take effect immediately.

    22                                   ITEM Q
 
    23    Section  1.  Clause 39 of subparagraph (i) of the opening paragraph of
    24  section 1210 of the tax law, as amended by section 1  of  subpart  Q  of
    25  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    26    (39)  the  county of Fulton is hereby further authorized and empowered
    27  to adopt and amend local laws, ordinances or resolutions  imposing  such
    28  taxes  at  a  rate  which is one percent additional to the three percent
    29  rate authorized above in this paragraph for such county for  the  period
    30  beginning  September first, two thousand five, and ending November thir-
    31  tieth, two thousand [twenty] twenty-three;
    32    § 2. This act shall take effect immediately.
 
    33                                   ITEM R
 
    34    Section 1. Clause 20 of subparagraph (i) of the opening  paragraph  of
    35  section  1210  of  the  tax law, as amended by section 1 of subpart R of
    36  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    37    (20) the county of Genesee is hereby further authorized and  empowered
    38  to  adopt  and amend local laws, ordinances or resolutions imposing such
    39  taxes at a rate which is one percent additional  to  the  three  percent
    40  rate  authorized  above in this paragraph for such county for the period
    41  beginning September first,  nineteen  hundred  ninety-four,  and  ending
    42  November thirtieth, two thousand [twenty] twenty-three;
    43    §  2.  Notwithstanding any other provision of law to the contrary, the
    44  one percent increase in sales and compensating use taxes authorized  for
    45  the  county  of Genesee until November 30, 2023 pursuant to clause 20 of
    46  subparagraph (i) of the opening paragraph of section  1210  of  the  tax
    47  law, as amended by section one of this act, shall be divided in the same
    48  manner and proportion as the existing three percent sales and compensat-
    49  ing use taxes in such county are divided.
    50    § 3. This act shall take effect immediately.

        S. 7508--B                         199                        A. 9508--B
 
     1                                   ITEM S
 
     2    Section  1.  Clause 15 of subparagraph (i) of the opening paragraph of
     3  section 1210 of the tax law, as amended by section 1  of  subpart  S  of
     4  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     5    (15)  the  county of Greene is hereby further authorized and empowered
     6  to adopt and amend local laws, ordinances or resolutions  imposing  such
     7  taxes  at  a  rate  which is one percent additional to the three percent
     8  rate authorized above in this paragraph for such county for  the  period
     9  beginning  March first, nineteen hundred ninety-three, and ending Novem-
    10  ber thirtieth, two thousand [twenty] twenty-three;
    11    § 2. This act shall take effect immediately.
 
    12                                   ITEM T
 
    13    Section 1. Clause 41 of subparagraph (i) of the opening  paragraph  of
    14  section  1210 of the tax law, as added by section 1 of subpart T of part
    15  A of chapter 61 of the laws of 2017, is amended to read as follows:
    16    (41) The county of Hamilton is hereby further authorized and empowered
    17  to adopt and amend local laws, ordinances or resolutions  imposing  such
    18  taxes at a rate that is one percent additional to the three percent rate
    19  authorized above in this paragraph for such county for the period begin-
    20  ning  December  first, two thousand thirteen and ending November thirti-
    21  eth, two thousand [twenty] twenty-three;
    22    § 2. This act shall take effect immediately.
 
    23                                   ITEM U
 
    24    Section 1. Clause 19 of subparagraph (i) of the opening  paragraph  of
    25  section  1210  of  the  tax law, as amended by section 1 of subpart U of
    26  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    27    (19) the county of Herkimer is hereby further authorized and empowered
    28  to adopt and amend local laws, ordinances or resolutions  imposing  such
    29  taxes  at  a  rate  which is one percent additional to the three percent
    30  rate authorized above in this paragraph for such county for  the  period
    31  beginning  September  first,  nineteen  hundred  ninety-four, and ending
    32  November thirtieth, two thousand [twenty] twenty-three;
    33    § 2. Section 1210-E of the tax law,    as  amended  by  section  2  of
    34  subpart  U  of  part  A of chapter 61 of the laws of 2017, is amended to
    35  read as follows:
    36    § 1210-E. Sales and compensating use taxes within Herkimer county.  In
    37  addition  to  the  taxes  imposed  by section twelve hundred ten of this
    38  subpart or any other provision of law, the county of Herkimer is  hereby
    39  authorized  and  empowered  to adopt and amend local laws, ordinances or
    40  resolutions imposing within the territorial limits of such county  addi-
    41  tional  sales  and  compensating use taxes at the rate of one-quarter of
    42  one percent for the period beginning December first, two thousand  seven
    43  and ending November thirtieth, two thousand [twenty] twenty-three, which
    44  taxes shall be identical to the taxes imposed by such county pursuant to
    45  the  authority  of section twelve hundred ten of this subpart. Except as
    46  hereinafter provided, all provisions  of  this  article,  including  the
    47  definition  and  exemption provisions and the provisions relating to the
    48  administration, collection and distribution by the  commissioner,  shall
    49  apply  for  purposes of the taxes authorized by this section in the same
    50  manner and with the same force and effect as if  the  language  of  this
    51  article  had been incorporated in full in this section and had expressly

        S. 7508--B                         200                        A. 9508--B
 
     1  referred to the taxes authorized by  this  section;  provided,  however,
     2  that  any provision relating to a maximum rate shall be calculated with-
     3  out reference to the rate of additional sales and compensating use taxes
     4  herein  authorized. For purposes of part IV of this article, relating to
     5  the disposition of revenues resulting from taxes collected and  adminis-
     6  tered  by  the  commissioner,  the additional sales and compensating use
     7  taxes authorized by this section imposed under the authority of  section
     8  twelve  hundred  ten  of this subpart and all provisions relating to the
     9  deposit, administration and disposition of taxes, penalties and interest
    10  relating to taxes imposed by a county under  the  authority  of  section
    11  twelve  hundred  ten of this subpart shall, except as otherwise provided
    12  in this section, apply to the  additional  sales  and  compensating  use
    13  taxes authorized by this section.
    14    §  3.  Section  1262-s  of  the  tax law,   as amended by section 3 of
    15  subpart U of part A of chapter 61 of the laws of  2017,  is  amended  to
    16  read as follows:
    17    § 1262-s. Disposition of net collections from the additional one-quar-
    18  ter of one percent rate of sales and compensating use taxes in the coun-
    19  ty  of  Herkimer.  Notwithstanding any contrary provision of law, if the
    20  county of Herkimer imposes the additional  one-quarter  of  one  percent
    21  rate  of  sales  and compensating use taxes authorized by section twelve
    22  hundred ten-E of this article for all  or  any  portion  of  the  period
    23  beginning December first, two thousand seven and ending November thirti-
    24  eth,  two  thousand  [twenty] twenty-three, the county shall use all net
    25  collections from such additional one-quarter of one percent rate to  pay
    26  the  county's  expenses  for the construction of additional correctional
    27  facilities. The net collections from the additional rate imposed  pursu-
    28  ant  to  section twelve hundred ten-E of this article shall be deposited
    29  in a special fund to be created by such county separate and  apart  from
    30  any  other  funds  and accounts of the county. Any and all remaining net
    31  collections from  such  additional  tax,  after  the  expenses  of  such
    32  construction  are  paid, shall be deposited by the county of Herkimer in
    33  the general fund of such county for any county purpose.
    34    § 4. This act shall take effect immediately.
 
    35                                   ITEM V
 
    36    Section 1. Clause 37 of subparagraph (i) of the opening  paragraph  of
    37  section  1210  of  the  tax law, as amended by section 1 of subpart V of
    38  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    39    (37)  the  county  of  Jefferson  is  hereby  further  authorized  and
    40  empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
    41  imposing such taxes at a rate which is one  percent  additional  to  the
    42  three  percent  rate  authorized above in this paragraph for such county
    43  for the period beginning  December  first,  two  thousand  fifteen,  and
    44  ending November thirtieth, two thousand [twenty] twenty-three;
    45    § 2. This act shall take effect immediately.
 
    46                                   ITEM W
 
    47    Section  1.  Clause 36 of subparagraph (i) of the opening paragraph of
    48  section 1210 of the tax law, as amended by section 1  of  subpart  W  of
    49  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    50    (36) the county of Lewis is hereby further authorized and empowered to
    51  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
    52  taxes at a rate that is one percent additional to the three percent rate

        S. 7508--B                         201                        A. 9508--B
 
     1  authorized above in this paragraph for such county for the period begin-
     2  ning June first, two thousand four, and ending November  thirtieth,  two
     3  thousand [twenty] twenty-three;
     4    § 2. This act shall take effect immediately.
 
     5                                   ITEM X
 
     6    Section  1.  Clause 32 of subparagraph (i) of the opening paragraph of
     7  section 1210 of the tax law, as amended by section 1  of  subpart  X  of
     8  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     9    (32)  the  county  of  Livingston  is  hereby  further  authorized and
    10  empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
    11  imposing  such  taxes  at  a rate which is one percent additional to the
    12  three percent rate authorized above in this paragraph  for  such  county
    13  for  the  period  beginning  June  first, two thousand three, and ending
    14  November thirtieth, two thousand [twenty] twenty-three;
    15    § 2. Section 1262-p of the tax law, as amended by section 2 of subpart
    16  X of part A of chapter 61 of the laws of 2017, is  amended  to  read  as
    17  follows:
    18    §  1262-p.  Disposition  of  net  collections  from the additional one
    19  percent rate of sales and  compensating  use  taxes  in  the  county  of
    20  Livingston.  Notwithstanding any contrary provision of law, if the coun-
    21  ty  of  Livingston  imposes the additional one percent rate of sales and
    22  compensating use taxes authorized by section twelve hundred ten of  this
    23  article  for  all or any portion of the period beginning June first, two
    24  thousand three and ending  November  thirtieth,  two  thousand  [twenty]
    25  twenty-three,  the  county shall use all net collections from such addi-
    26  tional one percent rate to pay the county's expenses for  Medicaid.  The
    27  net collections from the additional one percent rate imposed pursuant to
    28  this  section shall be deposited in a special fund to be created by such
    29  county separate and apart from any other funds and accounts of the coun-
    30  ty. Any and all remaining  net  collections  from  such  additional  one
    31  percent tax, after the Medicaid expenses are paid, shall be deposited by
    32  the  county  of  Livingston  in  the general fund of such county for any
    33  county purpose.
    34    § 3. This act shall take effect immediately.
 
    35                                   ITEM Y

    36    Section 1. Clause 35 of subparagraph (i) of the opening  paragraph  of
    37  section  1210  of  the  tax law, as amended by section 1 of subpart Y of
    38  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    39    (35) the county of Madison is hereby further authorized and  empowered
    40  to  adopt  and amend local laws, ordinances or resolutions imposing such
    41  taxes at a rate which is one percent additional  to  the  three  percent
    42  rate  authorized  above in this paragraph for such county for the period
    43  beginning June first, two thousand four, and ending November  thirtieth,
    44  two thousand [twenty] twenty-three;
    45    § 2. This act shall take effect immediately.
 
    46                                   ITEM Z
 
    47    Section  1.  Clause 25 of subparagraph (i) of the opening paragraph of
    48  section 1210 of the tax law, as amended by section 1  of  subpart  Z  of
    49  part A of chapter 61 of the laws of 2017, is amended to read as follows:

        S. 7508--B                         202                        A. 9508--B
 
     1    (25)  the  county of Monroe is hereby further authorized and empowered
     2  to adopt and amend local laws, ordinances or resolutions  imposing  such
     3  taxes  at  a  rate  which is one percent additional to the three percent
     4  rate authorized above in this paragraph for the period beginning  Decem-
     5  ber  first, nineteen hundred ninety-three and ending November thirtieth,
     6  two thousand [twenty] twenty-three;
     7    § 2. Notwithstanding the provisions of subdivisions  (b)  and  (c)  of
     8  section 1262 and section 1262-g of the tax law, net collections, as such
     9  term is defined in section 1262 of the tax law, derived from the imposi-
    10  tion  of sales and compensating use taxes by the county of Monroe at the
    11  additional rate of one percent as authorized pursuant to clause (25)  of
    12  subparagraph  (i)  of  the  opening paragraph of section 1210 of the tax
    13  law, as amended by section one of this act, which are in addition to the
    14  current net collections derived from the imposition of such taxes at the
    15  three percent rate authorized by the opening paragraph of  section  1210
    16  of  the  tax law, shall be distributed and allocated as follows: for the
    17  period of December 1, 2020 through  November  30,  2023  in  cash,  five
    18  percent  to  the  school districts in the area of the county outside the
    19  city of Rochester, three percent to the towns located within the county,
    20  one and one-quarter percent to the villages located within  the  county,
    21  and ninety and three-quarters percent to the city of Rochester and coun-
    22  ty  of Monroe. The amount of the ninety and three-quarters percent to be
    23  distributed and allocated to the city of Rochester and county of  Monroe
    24  shall  be  distributed  and allocated to each so that the combined total
    25  distribution and allocation to each from the sales tax revenues pursuant
    26  to sections 1262 and 1262-g of the tax law and this section shall result
    27  in the same total amount being distributed and allocated to the city  of
    28  Rochester  and county of Monroe. The amount so distributed and allocated
    29  to the county shall be used for  county  purposes.  The  foregoing  cash
    30  payments  to the school districts shall be allocated on the basis of the
    31  enrolled public school pupils, thereof, as such term is used in subdivi-
    32  sion (b) of section 1262 of the tax  law,  residing  in  the  county  of
    33  Monroe.  The  cash  payments  to  the towns located within the county of
    34  Monroe shall be allocated on the basis of the ratio which the population
    35  of each town, exclusive of the population  of  any  village  or  portion
    36  thereof  located  within  a  town,  bears to the total population of the
    37  towns, exclusive of the population of the villages located  within  such
    38  towns. The cash payments to the villages located within the county shall
    39  be  allocated  on  the  basis  of the ratio which the population of each
    40  village bears to the total population of the villages located within the
    41  county. The term population as used in this section shall have the  same
    42  meaning as used in subdivision (b) of section 1262 of the tax law.
    43    §  3.  The  net  collections  resulting  from the additional sales and
    44  compensating use taxes, as authorized by this act, shall not be included
    45  in determining a sales tax increase or decrease as defined in paragraphs
    46  (c) and (d) of subdivision 1 of section 1262-g of the tax law.
    47    § 4. Severability. If any clause, sentence, paragraph, or item of this
    48  subpart shall be adjudged by any court of competent jurisdiction  to  be
    49  invalid,  such  judgment  shall  not  affect,  impair  or invalidate the
    50  remainder thereof, but shall be confined in its operation to the clause,
    51  sentence, paragraph, section or item thereof directly  involved  in  the
    52  controversy in which such judgment shall have been rendered.
    53    § 5. This act shall take effect immediately.
 
    54                                   ITEM AA

        S. 7508--B                         203                        A. 9508--B
 
     1    Section  1.  Clause 31 of subparagraph (i) of the opening paragraph of
     2  section 1210 of the tax law, as amended by section 1 of  subpart  AA  of
     3  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     4    (31)  the  county  of  Montgomery  is  hereby  further  authorized and
     5  empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
     6  imposing  such  taxes  at  a rate which is one percent additional to the
     7  three percent rate authorized above in this paragraph  for  such  county
     8  for  the  period  beginning  June  first, two thousand three, and ending
     9  November thirtieth, two thousand [twenty] twenty-three;
    10    § 2. This act shall take effect immediately.
 
    11                                   ITEM BB
 
    12    Section 1. Clause 2 of subparagraph (i) of the  opening  paragraph  of
    13  section  1210  of  the tax law, as amended by section 1 of subpart BB of
    14  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    15    (2) the county of Nassau is hereby further authorized and empowered to
    16  adopt and amend local laws,  ordinances  or  resolutions  imposing  such
    17  taxes  at a rate which is three-quarters percent additional to the three
    18  percent rate authorized above in this paragraph for such county for  the
    19  period  beginning  January first, nineteen hundred eighty-six and ending
    20  November thirtieth, two thousand [twenty] twenty-three, subject  to  the
    21  limitation set forth in section twelve hundred sixty-two-e of this arti-
    22  cle,  and  also  at  a  rate which is one-half percent additional to the
    23  three percent rate authorized above in this paragraph, and which is also
    24  additional to the three-quarters percent rate also authorized  above  in
    25  this  clause  for such county, for the period beginning September first,
    26  nineteen hundred ninety-one and ending November thirtieth, two  thousand
    27  [twenty] twenty-three;
    28    § 2. Section 1262-e of the tax law, as amended by section 2 of subpart
    29  BB  of  part  A of chapter 61 of the laws of 2017, is amended to read as
    30  follows:
    31    § 1262-e. Establishment of local  government  assistance  programs  in
    32  Nassau  county. 1. Towns and cities. Notwithstanding any other provision
    33  of law to the contrary, for  the  calendar  year  beginning  on  January
    34  first, nineteen hundred ninety-eight and continuing through the calendar
    35  year beginning on January first, two thousand [twenty] twenty-three, the
    36  county of Nassau shall enact and establish a local government assistance
    37  program for the towns and cities within such county to assist such towns
    38  and  cities to minimize real property taxes; defray the cost and expense
    39  of the treatment, collection, management, disposal,  and  transportation
    40  of  municipal  solid waste, and to comply with the provisions of chapter
    41  two hundred ninety-nine of the laws of  nineteen  hundred  eighty-three;
    42  and  defray  the  cost  of  maintaining  conservation  and environmental
    43  control programs. Such special assistance  program  for  the  towns  and
    44  cities  within  such county and the funding for such program shall equal
    45  one-third of the revenues received by such county from the imposition of
    46  the three-quarters percent sales and use tax during calendar  years  two
    47  thousand  one,  two thousand two, two thousand three, two thousand four,
    48  two thousand five, two thousand six, two thousand  seven,  two  thousand
    49  eight,  two  thousand  nine,  two thousand ten, two thousand eleven, two
    50  thousand twelve, two thousand thirteen, two thousand fourteen, two thou-
    51  sand fifteen, two thousand sixteen,[,] two thousand seventeen, two thou-
    52  sand eighteen, two thousand nineteen [and],  two  thousand  twenty,  two
    53  thousand  twenty-one, two   thousand twenty-two and two thousand twenty-
    54  three additional to the regular three percent rate authorized  for  such

        S. 7508--B                         204                        A. 9508--B
 
     1  county  in  section  twelve  hundred ten of this article. The monies for
     2  such special local assistance shall be paid and distributed to the towns
     3  and cities on a per capita basis using the  population  figures  in  the
     4  latest  decennial federal census. Provided further, that notwithstanding
     5  any other law to the contrary, the establishment of such special assist-
     6  ance program shall preclude any city or town  within  such  county  from
     7  preempting  or  claiming  under  any  other  section of this chapter the
     8  revenues derived from the additional tax authorized  by  section  twelve
     9  hundred  ten  of  this  article. Provided further, that any such town or
    10  towns may, by resolution of the town board, apportion all or a  part  of
    11  monies  received  in  such  special assistance program to an improvement
    12  district or special district account within such town or towns in  order
    13  to accomplish the purposes of this special assistance program.
    14    2. Villages. Notwithstanding any other provision of law to the contra-
    15  ry,  for  the calendar year beginning on January first, nineteen hundred
    16  ninety-eight and continuing through the calendar year beginning on Janu-
    17  ary first, two thousand [twenty] twenty-three, the county of Nassau,  by
    18  local law, is hereby empowered to enact and establish a local government
    19  assistance  program  for  the villages within such county to assist such
    20  villages to minimize real property taxes; defray the cost and expense of
    21  the treatment, collection, management, disposal, and  transportation  of
    22  municipal  solid  waste; and defray the cost of maintaining conservation
    23  and environmental control programs. The funding of such local assistance
    24  program for the villages within such county may be  provided  by  Nassau
    25  county  during  any calendar year in which such village local assistance
    26  program is in effect and shall not  exceed  one-sixth  of  the  revenues
    27  received from the imposition of the three-quarters percent sales and use
    28  tax  that  are  remaining after the towns and cities have received their
    29  funding pursuant to the provisions of subdivision one of  this  section.
    30  The  funding for such village local assistance program shall be paid and
    31  distributed to the villages on a per capita basis using  the  population
    32  figures  in  the latest decennial federal census. Provided further, that
    33  the  establishment  of  such  village  local  assistance  program  shall
    34  preclude  any  village  within  such  county from preempting or claiming
    35  under any other section of this chapter the revenues  derived  from  the
    36  additional tax authorized by section twelve hundred ten of this article.
    37    § 3. This act shall take effect immediately.
 
    38                                   ITEM CC
 
    39    Section  1.  Clause 29 of subparagraph (i) of the opening paragraph of
    40  section 1210 of the tax law, as amended by section 1 of  subpart  CC  of
    41  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    42    (29)  the county of Niagara is hereby further authorized and empowered
    43  to adopt and amend local laws, ordinances or resolutions  imposing  such
    44  taxes  at  a  rate  which is one percent additional to the three percent
    45  rate authorized above in this paragraph for such county for  the  period
    46  beginning  March  first, two thousand three, and ending November thirti-
    47  eth, two thousand [twenty] twenty-three;
    48    § 2. Section 1262-n of the tax law, as amended section 2 of subpart CC
    49  of part A of chapter 61 of the laws of  2017,  is  amended  to  read  as
    50  follows:
    51    §  1262-n.  Disposition  of  net  collections  from the additional one
    52  percent rate of sales and  compensating  use  taxes  in  the  county  of
    53  Niagara.    Notwithstanding any contrary provision of law, if the county
    54  of Niagara imposes the additional one percent rate of sales and  compen-

        S. 7508--B                         205                        A. 9508--B
 
     1  sating  use taxes authorized by section twelve hundred ten of this arti-
     2  cle for all or any portion of the  period  beginning  March  first,  two
     3  thousand  three  and  ending  November  thirtieth, two thousand [twenty]
     4  twenty-three,  the  county shall use all net collections from such addi-
     5  tional one percent rate to pay the county's expenses for  Medicaid.  The
     6  net collections from the additional one percent rate imposed pursuant to
     7  this  section shall be deposited in a special fund to be created by such
     8  county separate and apart from any other funds and accounts of the coun-
     9  ty. Any and all remaining  net  collections  from  such  additional  one
    10  percent tax, after the Medicaid expenses are paid, shall be deposited by
    11  the  county of Niagara in the general fund of such county for any county
    12  purpose.
    13    § 3. This act shall take effect immediately.
 
    14                                   ITEM DD
 
    15    Section 1. Clause 13 of subparagraph (i) of the opening  paragraph  of
    16  section  1210  of  the tax law, as amended by section 1 of subpart DD of
    17  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    18    (13) the county of Oneida is hereby further authorized  and  empowered
    19  to  adopt  and amend local laws, ordinances or resolutions imposing such
    20  taxes at a rate which is:  (i)  one  percent  additional  to  the  three
    21  percent  rate authorized above in this paragraph for such county for the
    22  period beginning September first, nineteen hundred ninety-two and ending
    23  November thirtieth, two thousand [twenty] twenty-three; and also (ii) at
    24  a rate which is three-quarters of one percent or one-half of one percent
    25  additional to the three percent rate authorized above in this paragraph,
    26  and which is also additional to the one  percent  rate  also  authorized
    27  above  in this clause for such county, for the period beginning December
    28  first, two thousand eight and ending November  thirtieth,  two  thousand
    29  [twenty] twenty-three;
    30    § 2. Section 1262-g of the tax law, as amended by section 2 of subpart
    31  DD  of  part  A of chapter 61 of the laws of 2017, is amended to read as
    32  follows:
    33    § 1262-g. Oneida county allocation and distribution of net collections
    34  from the additional one percent  rate  of  sales  and  compensating  use
    35  taxes.  Notwithstanding  any contrary provision of law, if the county of
    36  Oneida imposes sales and compensating use taxes at a rate which  is  one
    37  percent  additional  to  the  three  percent  rate authorized by section
    38  twelve hundred ten of this article, as authorized by such  section,  (a)
    39  where  a  city  in  such county imposes tax pursuant to the authority of
    40  subdivision (a) of such section twelve hundred ten,  such  county  shall
    41  allocate,  distribute and pay in cash quarterly to such city one-half of
    42  the net collections attributable to such additional one percent rate  of
    43  the county's taxes collected in such city's boundaries; (b) where a city
    44  in  such  county  does  not impose tax pursuant to the authority of such
    45  subdivision (a) of such section twelve hundred ten,  such  county  shall
    46  allocate,  distribute  and  pay  in  cash  quarterly to such city not so
    47  imposing tax a portion of the net collections attributable  to  one-half
    48  of  the  county's  additional  one percent rate of tax calculated on the
    49  basis of the ratio which such city's population bears  to  the  county's
    50  total  population, such populations as determined in accordance with the
    51  latest decennial federal  census  or  special  population  census  taken
    52  pursuant  to  section  twenty of the general municipal law completed and
    53  published prior to the end of the quarter for which  the  allocation  is
    54  made,  which  special census must include the entire area of the county;

        S. 7508--B                         206                        A. 9508--B
 
     1  and (c) provided, however, that such county shall dedicate the first one
     2  million five hundred thousand dollars of net collections attributable to
     3  such additional one percent rate of tax received by  such  county  after
     4  the county receives in the aggregate eighteen million five hundred thou-
     5  sand dollars of net collections from such additional one percent rate of
     6  tax imposed for any of the periods: September first, two thousand twelve
     7  through August thirty-first, two thousand thirteen; September first, two
     8  thousand  thirteen  through  August thirty-first, two thousand fourteen;
     9  and September first, two thousand fourteen through August  thirty-first,
    10  two  thousand  fifteen;  September  first,  two thousand fifteen through
    11  August thirty-first, two thousand  sixteen;  and  September  first,  two
    12  thousand  sixteen  through  August thirty-first, two thousand seventeen;
    13  September first, two thousand seventeen through August thirty-first, two
    14  thousand eighteen; [and] September first, two thousand eighteen  through
    15  August thirty-first, two thousand twenty; and September first, two thou-
    16  sand  twenty  through August thirty-first, two thousand twenty-three, to
    17  an allocation on a per capita basis, utilizing figures from  the  latest
    18  decennial  federal census or special population census taken pursuant to
    19  section twenty of the general municipal  law,  completed  and  published
    20  prior  to  the  end of the year for which such allocation is made, which
    21  special census must include the entire area of such county, to be  allo-
    22  cated  and distributed among the towns of Oneida county by appropriation
    23  of its board of legislators;  provided,  further,  that  nothing  herein
    24  shall  require  such board of legislators to make any such appropriation
    25  until it has been notified by any town by appropriate resolution and, in
    26  any case where there is a village wholly  or  partly  located  within  a
    27  town,  a  resolution  of  every such village, embodying the agreement of
    28  such town and village or villages upon the amount of such  appropriation
    29  to  be  distributed to such village or villages out of the allocation to
    30  the town or towns in which it is located.
    31    § 3. This act shall take effect immediately.
 
    32                                   ITEM EE
 
    33    Section 1. Clause 37 of subparagraph (i) of the opening  paragraph  of
    34  section  1210  of  the tax law, as amended by section 1 of subpart EE of
    35  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    36    (37) the county of Onondaga is hereby further authorized and empowered
    37  to adopt and amend local laws, ordinances or resolutions  imposing  such
    38  taxes at a rate that is one percent additional to the three percent rate
    39  authorized above in this paragraph for such county for the period begin-
    40  ning  September first, two thousand four, and ending November thirtieth,
    41  two thousand [twenty] twenty-three;
    42    § 2. Notwithstanding any contrary provision of  law,  net  collections
    43  from the additional one percent rate of sales and compensating use taxes
    44  which  may  be  imposed  by  the  county  of  Onondaga during the period
    45  commencing December 1, 2020 and ending November 30,  2021,  pursuant  to
    46  the  authority  of  section 1210 of the tax law, shall not be subject to
    47  any revenue distribution agreement entered into under subdivision (c) of
    48  section 1262 of the tax law, but shall be allocated and  distributed  or
    49  paid, at least quarterly, as follows: (i) 1.58% to the county of Ononda-
    50  ga  for  any  county  purpose;  (ii) 97.79% to the city of Syracuse; and
    51  (iii) .63% to the school districts in accordance with subdivision (a) of
    52  section 1262 of the tax law.
    53    § 3. Notwithstanding any contrary provision of  law,  net  collections
    54  from the additional one percent rate of sales and compensating use taxes

        S. 7508--B                         207                        A. 9508--B
 
     1  which  may  be  imposed  by  the  county  of  Onondaga during the period
     2  commencing December 1, 2021 and ending November 30,  2022,  pursuant  to
     3  the  authority  of  section 1210 of the tax law, shall not be subject to
     4  any revenue distribution agreement entered into under subdivision (c) of
     5  section  1262  of the tax law, but shall be allocated and distributed or
     6  paid, at least quarterly, as follows: (i) 1.58% to the county of Ononda-
     7  ga for any county purpose; (ii) 97.79% to  the  city  of  Syracuse;  and
     8  (iii) .63% to the school districts in accordance with subdivision (a) of
     9  section 1262 of the tax law.
    10    §  4.  Notwithstanding  any contrary provision of law, net collections
    11  from the additional one percent rate of sales and compensating use taxes
    12  which may be imposed  by  the  county  of  Onondaga  during  the  period
    13  commencing  December  1,  2022 and ending November 30, 2023, pursuant to
    14  the authority of section 1210 of the tax law, shall not  be  subject  to
    15  any revenue distribution agreement entered into under subdivision (c) of
    16  section  1262  of the tax law, but shall be allocated and distributed or
    17  paid, at least quarterly, as follows: (i) 1.58% to the county of Ononda-
    18  ga for any county purpose; (ii) 97.79% to  the  city  of  Syracuse;  and
    19  (iii) .63% to the school districts in accordance with subdivision (a) of
    20  section 1262 of the tax law.
    21    § 5. This act shall take effect immediately.
 
    22                                   ITEM FF

    23    Section  1.  Clause 40 of subparagraph (i) of the opening paragraph of
    24  section 1210 of the tax law, as amended by section 1 of  subpart  FF  of
    25  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    26    (40)  the county of Ontario is hereby further authorized and empowered
    27  to adopt and amend local laws, ordinances or resolutions  imposing  such
    28  taxes at a rate that is: (A) one-eighth of one percent additional to the
    29  three  percent  rate  authorized above in this paragraph for such county
    30  for the period beginning June first, two thousand six and ending  Novem-
    31  ber  thirtieth,  two  thousand  [twenty] twenty-three; and also (B) at a
    32  rate that is three-eighths  of  one  percent  additional  to  the  three
    33  percent  rate authorized above in this paragraph, and that is also addi-
    34  tional to the one-eighth of one percent rate authorized in  this  clause
    35  for  such county, for the period beginning September first, two thousand
    36  nine and ending November thirtieth, two thousand [twenty] twenty-three;
    37    § 2. This act shall take effect immediately.
 
    38                                   ITEM GG
 
    39    Section 1. Clause 35 of subparagraph (i) of the opening  paragraph  of
    40  section  1210  of  the tax law, as amended by section 1 of subpart GG of
    41  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    42    (35) the county of Orange is hereby further authorized  and  empowered
    43  to  adopt  and amend local laws, ordinances or resolutions imposing such
    44  taxes at a rate which is three-quarters of one percent additional to the
    45  three percent rate authorized above in this paragraph  for  such  county
    46  for  the  period  beginning  June  first,  two thousand four, and ending
    47  November thirtieth, two thousand [twenty] twenty-three;
    48    § 2. Notwithstanding subdivision (c) of section 1262 of the  tax  law,
    49  net  collections  from any additional rate of sales and compensating use
    50  taxes which may be imposed by the county of  Orange  during  the  period
    51  commencing  December  1, 2020, and ending November 30, 2023, pursuant to
    52  the authority of section 1210 of the tax law, shall be paid to the coun-

        S. 7508--B                         208                        A. 9508--B
 
     1  ty of Orange and shall be used by such county solely for county purposes
     2  and shall not be subject to any revenue distribution  agreement  entered
     3  into pursuant to the authority of subdivision (c) of section 1262 of the
     4  tax law.
     5    § 3. This act shall take effect immediately.
 
     6                                   ITEM HH

     7    Section  1.  Clause 16 of subparagraph (i) of the opening paragraph of
     8  section 1210 of the tax law, as amended by section 1 of  subpart  HH  of
     9  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    10    (16)  the county of Orleans is hereby further authorized and empowered
    11  to adopt and amend local laws, ordinances or resolutions  imposing  such
    12  taxes  at  a  rate  which is one percent additional to the three percent
    13  rate authorized above in this paragraph for such county for  the  period
    14  beginning June first, nineteen hundred ninety-three, and ending November
    15  thirtieth, two thousand [twenty] twenty-three;
    16    § 2. This act shall take effect immediately.
 
    17                                   ITEM II
 
    18    Section  1.  Clause 36 of subparagraph (i) of the opening paragraph of
    19  section 1210 of the tax law, as amended by section 1 of  subpart  II  of
    20  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    21    (36)  the  county of Oswego is hereby further authorized and empowered
    22  to adopt and amend local laws, ordinances or resolutions  imposing  such
    23  taxes  at  a  rate  which is one percent additional to the three percent
    24  rate authorized above in this paragraph for such county for  the  period
    25  beginning  September first, two thousand four, and ending November thir-
    26  tieth, two thousand [twenty] twenty-three;
    27    § 2. This act shall take effect immediately.
 
    28                                   ITEM JJ
 
    29    Section 1. Clause 34 of subparagraph (i) of the opening  paragraph  of
    30  section  1210  of  the tax law, as amended by section 1 of subpart JJ of
    31  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    32    (34) the county of Otsego is hereby further authorized  and  empowered
    33  to  adopt  and amend local laws, ordinances or resolutions imposing such
    34  taxes at a rate which is one percent additional  to  the  three  percent
    35  rate  authorized  above in this paragraph for such county for the period
    36  beginning December first, two thousand three, and ending November  thir-
    37  tieth, two thousand [twenty] twenty-three;
    38    § 2. This act shall take effect immediately.
 
    39                                   ITEM KK
 
    40    Section  1.  Clause 39 of subparagraph (i) of the opening paragraph of
    41  section 1210 of the tax law, as amended by section 1 of  subpart  KK  of
    42  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    43    (39)  the  county of Putnam is hereby further authorized and empowered
    44  to adopt and amend local laws, ordinances or resolutions  imposing  such
    45  taxes  at  a rate that is: (i) one-half of one percent additional to the
    46  three percent rate authorized above in this paragraph  for  such  county
    47  for  the  period beginning September first, two thousand five and ending
    48  August thirty-first, two thousand seven; and (ii) one percent additional

        S. 7508--B                         209                        A. 9508--B
 
     1  to the three percent rate authorized above in this  paragraph  for  such
     2  county  for the period beginning September first, two thousand seven and
     3  ending November thirtieth, two thousand [twenty] twenty-three;
     4    § 2. This act shall take effect immediately.
 
     5                                   ITEM LL

     6    Section  1.  Clause  3 of subparagraph (i) of the opening paragraph of
     7  section 1210 of the tax law, as amended by section 1 of  subpart  LL  of
     8  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     9    (3)  the  county  of  Rensselaer  is  hereby  further  authorized  and
    10  empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
    11  imposing  such  taxes  at  a rate which is one percent additional to the
    12  three percent rate authorized above in this paragraph  for  such  county
    13  for  the  period beginning September first, nineteen hundred ninety-four
    14  and ending November thirtieth, two thousand [twenty] twenty-three;
    15    § 2. This act shall take effect immediately.
 
    16                                   ITEM MM
 
    17    Section 1. Clause 23 of subparagraph (i) of the opening  paragraph  of
    18  section  1210  of  the tax law, as amended by section 1 of subpart MM of
    19  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    20    (23) the county of Rockland is hereby further authorized and empowered
    21  to adopt and amend local laws, ordinances or resolutions  imposing  such
    22  taxes  at a rate which is: (i) five-eighths of one percent additional to
    23  the three percent rate authorized above in this paragraph for such coun-
    24  ty for the period beginning March first, two thousand  two,  and  ending
    25  November thirtieth, two thousand [twenty] twenty-three; and also (ii) at
    26  a  rate  which  is  three-eighths of one percent additional to the three
    27  percent rate authorized above in this paragraph, and which is also addi-
    28  tional to the five-eighths of one percent rate also authorized above  in
    29  this  clause  for such county, for the period beginning March first, two
    30  thousand seven and ending  November  thirtieth,  two  thousand  [twenty]
    31  twenty-three;
    32    § 2. Section 1262-l of the tax law, as amended by section 2 of subpart
    33  MM  of  part  A of chapter 61 of the laws of 2017, is amended to read as
    34  follows:
    35    § 1262-1. Allocation and distribution  of  net  collections  from  the
    36  additional rate of sales and compensating use tax in Rockland county. 1.
    37  Notwithstanding  any  provision of law to the contrary, if the county of
    38  Rockland imposes the additional five-eighths of one percent rate of  tax
    39  authorized  by  section  twelve  hundred  ten of this article during the
    40  period beginning March first, two  thousand  two,  and  ending  November
    41  thirtieth,  two  thousand [twenty] twenty-three, such county shall allo-
    42  cate and distribute twenty percent of  the  net  collections  from  such
    43  additional  rate  to  the towns and villages in the county in accordance
    44  with subdivision (c) of section twelve hundred sixty-two of this part on
    45  the basis of the ratio which the population of each such town or village
    46  bears to such county's total population; and
    47    2. Notwithstanding any provision of law to the contrary, if the county
    48  of Rockland imposes the additional three-eighths of one percent rate  of
    49  tax  authorized by section twelve hundred ten of this article during the
    50  period beginning March first, two thousand seven,  and  ending  November
    51  thirtieth,  two  thousand [twenty] twenty-three, such county shall allo-
    52  cate  and  distribute  sixteen  and  two-thirds  percent  of   the   net

        S. 7508--B                         210                        A. 9508--B

     1  collections  from such additional rate to the general funds of towns and
     2  villages within the county of Rockland with existing  town  and  village
     3  police departments from March first, two thousand seven through December
     4  thirty-first,  two thousand seven and thirty-three and one-third percent
     5  of the net collections from such additional rate from January first, two
     6  thousand eight through November thirtieth, two thousand  [twenty]  twen-
     7  ty-three. The monies allocated and distributed pursuant to this subdivi-
     8  sion  shall  be  allocated  and  distributed  to towns and villages with
     9  police departments on the basis of the number  of  full-time  equivalent
    10  police officers employed by each police department and shall not be used
    11  for salaries heretofore or hereafter negotiated.
    12    § 3. This act shall take effect immediately.

    13                                   ITEM NN
 
    14    Section  1.  Clause 41 of subparagraph (i) of the opening paragraph of
    15  section 1210 of the tax law, as amended by section 1 of  subpart  NN  of
    16  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    17    (41)  The  county  of  St.  Lawrence  is hereby further authorized and
    18  empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
    19  imposing  such  taxes  at  a  rate that is one percent additional to the
    20  three percent rate authorized above in this paragraph  for  such  county
    21  for  the  period  beginning  December  first,  two thousand thirteen and
    22  ending November thirtieth, two thousand [twenty] twenty-three;
    23    § 2. This act shall take effect immediately.
 
    24                                   ITEM OO
 
    25    Section 1. Clause 31 of subparagraph (i) of the opening  paragraph  of
    26  section  1210  of  the tax law, as amended by section 1 of subpart OO of
    27  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    28    (31) the county  of  Schenectady  is  hereby  further  authorized  and
    29  empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
    30  imposing such taxes at a rate which is one-half  of  one  percent  addi-
    31  tional  to the three percent rate authorized above in this paragraph for
    32  such county for the period beginning June first, two thousand three, and
    33  ending November thirtieth, two thousand [twenty] twenty-three;
    34    § 2. This act shall take effect immediately.
 
    35                                   ITEM PP
 
    36    Section 1. Clause 35 of subparagraph (i) of the opening  paragraph  of
    37  section  1210  of  the tax law, as amended by section 1 of subpart PP of
    38  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    39    (35)  the  county  of  Schoharie  is  hereby  further  authorized  and
    40  empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
    41  imposing such taxes at a rate which is one  percent  additional  to  the
    42  three  percent  rate  authorized above in this paragraph for such county
    43  for the period beginning June  first,  two  thousand  four,  and  ending
    44  November thirtieth, two thousand [twenty] twenty-three;
    45    § 2. This act shall take effect immediately.
 
    46                                   ITEM QQ

        S. 7508--B                         211                        A. 9508--B
 
     1    Section  1.  Clause 22 of subparagraph (i) of the opening paragraph of
     2  section 1210 of the tax law, as amended by section 1 of  subpart  QQ  of
     3  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     4    (22) the county of Schuyler is hereby further authorized and empowered
     5  to  adopt  and amend local laws, ordinances or resolutions imposing such
     6  taxes at a rate which is one percent additional  to  the  three  percent
     7  rate  authorized  above in this paragraph for such county for the period
     8  beginning September first,  nineteen  hundred  ninety-nine,  and  ending
     9  November thirtieth, two thousand [twenty] twenty-three;
    10    § 2. This act shall take effect immediately.
 
    11                                   ITEM RR
 
    12    Section  1.  Clause 28 of subparagraph (i) of the opening paragraph of
    13  section 1210 of the tax law, as amended by section 1 of  subpart  RR  of
    14  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    15    (28)  the  county of Seneca is hereby further authorized and empowered
    16  to adopt and amend local laws, ordinances or resolutions  imposing  such
    17  taxes at a rate that is one percent additional to the three percent rate
    18  authorized above in this paragraph for such county for the period begin-
    19  ning December first, two thousand two and ending November thirtieth, two
    20  thousand [twenty] twenty-three;
    21    § 2. This act shall take effect immediately.
 
    22                                   ITEM SS
 
    23    Section  1.  Clause 26 of subparagraph (i) of the opening paragraph of
    24  section 1210 of the tax law, as amended by section 1 of  subpart  SS  of
    25  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    26    (26)  the county of Steuben is hereby further authorized and empowered
    27  to adopt and amend local laws, ordinances or resolutions  imposing  such
    28  taxes  at  a  rate  which is one percent additional to the three percent
    29  rate authorized above in this paragraph for such county for  the  period
    30  beginning  December first, nineteen hundred ninety-two and ending Novem-
    31  ber thirtieth, two thousand [twenty] twenty-three;
    32    § 2. Section 1262-h of the tax law, as amended by section 2 of subpart
    33  SS of part A of chapter 61 of the laws of 2017, is amended  to  read  as
    34  follows:
    35    §  1262-h.  Allocation  and  distribution  of net collections from the
    36  additional one percent rate of sales and compensating use taxes in Steu-
    37  ben county. Notwithstanding any provision of law to the contrary, of the
    38  net collections received by the county of Steuben as  a  result  of  the
    39  imposition  of  the  additional  one  percent  rate of tax authorized by
    40  section twelve hundred ten of this article (a) during the period  begin-
    41  ning  December  first, nineteen hundred ninety-three and ending November
    42  thirtieth, nineteen hundred ninety-four, the county of Steuben shall pay
    43  or cause to be paid to the city of Hornell the sum of two hundred  thou-
    44  sand  dollars,  to the city of Corning the sum of three hundred thousand
    45  dollars, and the sum of five hundred thousand dollars to the  towns  and
    46  villages  of  the county of Steuben, on the basis of the ratio which the
    47  full valuation of real property in each town or  village  bears  to  the
    48  aggregate  full  valuation  of  real  property  in  all of the towns and
    49  villages in such area. Of the net collections received by the county  of
    50  Steuben  as  a  result  of the imposition of said additional one percent
    51  rate of tax authorized by section twelve hundred  ten  of  this  article
    52  during the period beginning December first, nineteen hundred ninety-four

        S. 7508--B                         212                        A. 9508--B
 
     1  and  ending November thirtieth, nineteen hundred ninety-five, the county
     2  of Steuben shall pay or cause to be paid to the city of Hornell the  sum
     3  of  three  hundred  thousand  dollars, to the city of Corning the sum of
     4  four  hundred fifty thousand dollars, and the sum of seven hundred fifty
     5  thousand dollars to the towns and villages of the county of Steuben,  on
     6  the basis of the ratio which the full valuation of real property in each
     7  town  or  village bears to the aggregate full valuation of real property
     8  in all of the towns and villages in such area; and (b) during the period
     9  beginning December first, nineteen hundred ninety-five and ending Novem-
    10  ber thirtieth, two thousand seven, the county of Steuben shall  annually
    11  pay  or  cause to be paid to the city of Hornell the sum of five hundred
    12  fifty thousand dollars, to the city of Corning the sum  of  six  hundred
    13  thousand dollars, and the sum of seven hundred fifty thousand dollars to
    14  the  towns  and  villages  of the county of Steuben, on the basis of the
    15  ratio which the full valuation of real property in each town or  village
    16  bears  to  the  aggregate  full valuation of real property in all of the
    17  towns and villages in such area; and during the period beginning  Decem-
    18  ber  first,  two thousand seven and ending November thirtieth, two thou-
    19  sand nine, the county of Steuben shall annually pay or cause to be  paid
    20  to  the  city of Hornell the sum of six hundred ten thousand dollars, to
    21  the city of Corning the sum of six hundred fifty thousand  dollars,  and
    22  the  sum  of  seven  hundred  fifty  thousand  dollars  to the towns and
    23  villages of the county of Steuben, on the basis of the ratio  which  the
    24  full  valuation  of  real  property in each town or village bears to the
    25  aggregate full valuation of real  property  in  all  of  the  towns  and
    26  villages  in  such area; and during the period beginning December first,
    27  two thousand nine and ending November thirtieth,  two  thousand  eleven,
    28  the county of Steuben shall annually pay or cause to be paid to the city
    29  of Hornell the sum of seven hundred ten thousand dollars, to the city of
    30  Corning  the  sum  of seven hundred ten thousand dollars, and the sum of
    31  seven hundred fifty thousand dollars to the towns and  villages  of  the
    32  county of Steuben, on the basis of the ratio which the full valuation of
    33  real  property in each town or village bears to the aggregate full valu-
    34  ation of real property in all of the towns and villages  in  such  area;
    35  and  during the period beginning December first, two thousand eleven and
    36  ending November thirtieth, two thousand thirteen, the county of  Steuben
    37  shall annually pay or cause to be paid to the city of Hornell the sum of
    38  seven  hundred forty thousand dollars, to the city of Corning the sum of
    39  seven hundred forty thousand dollars, and the sum of seven hundred fifty
    40  thousand dollars to the towns and villages of the county of Steuben,  on
    41  the basis of the ratio which the full valuation of real property in each
    42  town  or  village bears to the aggregate full valuation of real property
    43  in all of the towns and villages in such area;  and  during  the  period
    44  beginning  December  first,  two  thousand  thirteen and ending November
    45  thirtieth, two thousand fifteen, the county of  Steuben  shall  annually
    46  pay  or cause to be paid to the city of Hornell the sum of seven hundred
    47  sixty-five thousand dollars, to the city of Corning  the  sum  of  seven
    48  hundred  sixty-five thousand dollars, and the sum of seven hundred fifty
    49  thousand dollars to the towns and villages of the county of Steuben,  on
    50  the basis of the ratio which the full valuation of real property in each
    51  town  or  village bears to the aggregate full valuation of real property
    52  in all of the towns and villages in such area;  and  during  the  period
    53  beginning December first, two thousand fifteen and ending November thir-
    54  tieth,  two thousand seventeen, the county of Steuben shall annually pay
    55  or cause to be paid to the city of Hornell  the  sum  of  seven  hundred
    56  sixty-five  thousand  dollars,  to  the city of Corning the sum of seven

        S. 7508--B                         213                        A. 9508--B
 
     1  hundred sixty-five thousand dollars, and the sum of seven hundred  fifty
     2  thousand  dollars to the towns and villages of the county of Steuben, on
     3  the basis of the ratio which the full valuation of real property in each
     4  town  or  village bears to the aggregate full valuation of real property
     5  in all of the towns and villages in such area;  and  during  the  period
     6  beginning  December  first,  two  thousand seventeen and ending November
     7  thirtieth, two thousand twenty, the county of Steuben shall annually pay
     8  or cause to be paid to the city of Hornell  the  sum  of  seven  hundred
     9  eighty thousand dollars, to the city of Corning the sum of seven hundred
    10  eighty  thousand  dollars,  and  the sum of seven hundred fifty thousand
    11  dollars to the towns and villages of the county of Steuben, on the basis
    12  of the ratio which the full valuation of real property in each  town  or
    13  village bears to the aggregate full valuation of real property in all of
    14  the  towns  and  villages  in such area; and during the period beginning
    15  December first, two thousand twenty and ending November  thirtieth,  two
    16  thousand twenty-three, the county of Steuben shall annually pay or cause
    17  to  be paid to the city of Hornell the sum of seven hundred eighty thou-
    18  sand dollars, to the city of Corning the sum  of  seven  hundred  eighty
    19  thousand dollars, and the sum of seven hundred fifty thousand dollars to
    20  the  towns  and  villages  of the county of Steuben, on the basis of the
    21  ratio which the full valuation of real property in each town or  village
    22  bears  to  the  aggregate  full valuation of real property in all of the
    23  towns and villages in such area.
    24    § 3. This act shall take effect immediately.
 
    25                                   ITEM TT
 
    26    Section 1. Clause 14 of subparagraph (i) of the opening  paragraph  of
    27  section  1210  of  the tax law, as amended by section 1 of subpart TT of
    28  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    29    (14) the county of Suffolk is hereby further authorized and  empowered
    30  to  adopt  and amend local laws, ordinances or resolutions imposing such
    31  taxes at a rate which is one percent additional  to  the  three  percent
    32  rate  authorized  above in this paragraph for such county for the period
    33  beginning June first, two thousand one and  ending  November  thirtieth,
    34  two thousand [twenty] twenty-three;
    35    §  2.  Subdivision (c) of section 1262-j of the tax law, as amended by
    36  section 2 of subpart TT of part A of chapter 61 of the laws of 2017,  is
    37  amended to read as follows:
    38    (c)  Notwithstanding  any provision of law to the contrary, of the net
    39  collections received by the  county  of  Suffolk  as  a  result  of  the
    40  increase  of one percent to the tax authorized by section twelve hundred
    41  ten of this article for the period beginning June  first,  two  thousand
    42  one  and  ending November thirtieth, two thousand [twenty] twenty-three,
    43  imposed by local laws or resolutions (by simple majority) by the  county
    44  legislature,  and  signed by the county executive, the county of Suffolk
    45  shall allocate such net collections as follows: no less than  one-eighth
    46  and no more than three-eighths of such net collections received shall be
    47  dedicated  for public safety purposes and the balance shall be deposited
    48  in the general fund of the county of Suffolk.
    49    § 3. This act shall take effect immediately.
 
    50                                   ITEM UU

        S. 7508--B                         214                        A. 9508--B
 
     1    Section 1. Clause 33 of subparagraph (i) of the opening  paragraph  of
     2  section  1210  of  the tax law, as amended by section 1 of subpart UU of
     3  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     4    (33) the county of Sullivan is hereby further authorized and empowered
     5  to  adopt  and amend local laws, ordinances or resolutions imposing such
     6  taxes at a rate that is: (i) one-half of one percent additional  to  the
     7  three  percent  rate  authorized above in this paragraph for such county
     8  for the period beginning June first,  two  thousand  three,  and  ending
     9  November  thirtieth,  two  thousand  [twenty]  twenty-three; and (ii) an
    10  additional one-half of one  percent  in  addition  to  the  other  rates
    11  authorized above in this paragraph for such county for the period begin-
    12  ning  June  first, two thousand seven and ending November thirtieth, two
    13  thousand [twenty] twenty-three;
    14    § 2. This act shall take effect immediately.
 
    15                                   ITEM VV
 
    16    Section 1. Clause 17 of subparagraph (i) of the opening  paragraph  of
    17  section  1210  of  the tax law, as amended by section 1 of subpart VV of
    18  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    19    (17) the county of Tioga is hereby further authorized and empowered to
    20  adopt and amend local laws,  ordinances  or  resolutions  imposing  such
    21  taxes  at a rate which is: (i) one-half of one percent additional to the
    22  three percent rate authorized above in this paragraph  for  such  county
    23  for the period beginning September first, nineteen hundred ninety-three,
    24  and  ending November thirtieth, two thousand three; and (ii) one percent
    25  additional to the three percent rate authorized above in this  paragraph
    26  for  such  county  for the period beginning December first, two thousand
    27  five, and ending November thirtieth, two thousand [twenty] twenty-three;
    28    § 2. This act shall take effect immediately.
 
    29                                   ITEM WW
 
    30    Section 1. Clause 11 of subparagraph (i) of the opening  paragraph  of
    31  section  1210  of  the tax law, as amended by section 1 of subpart WW of
    32  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    33    (11) the county of Tompkins is hereby further authorized and empowered
    34  to adopt and amend local laws, ordinances or resolutions  imposing  such
    35  taxes at a rate which is one-half or one percent additional to the three
    36  percent  rate authorized above in this paragraph for such county for the
    37  period beginning December first, nineteen hundred ninety-two and  ending
    38  November thirtieth, two thousand [twenty] twenty-three;
    39    § 2. This act shall take effect immediately.
 
    40                                   ITEM XX
 
    41    Section  1.  Clause  7 of subparagraph (i) of the opening paragraph of
    42  section 1210 of the tax law, as amended by section 1 of  subpart  XX  of
    43  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    44    (7) the county of Ulster is hereby further authorized and empowered to
    45  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
    46  taxes at a rate which is one percent additional  to  the  three  percent
    47  rate  authorized  above in this paragraph for such county for the period
    48  beginning September first, two thousand two and ending November  thirti-
    49  eth, two thousand [twenty] twenty-three;

        S. 7508--B                         215                        A. 9508--B
 
     1    § 2. Section 3 of chapter 200 of the laws of 2002 amending the tax law
     2  relating  to  certain  tax  rates  imposed  by  the county of Ulster, as
     3  amended by section 2 of subpart XX of part A of chapter 61 of  the  laws
     4  of 2017, is amended to read as follows:
     5    §  3.  If, pursuant to the authority of this act, the county of Ulster
     6  imposes sales and compensating use taxes at a rate  greater  than  three
     7  percent  for  all  or  any portion of the period commencing September 1,
     8  2002, and ending November 30, [2020] 2023,  net  collections  from  such
     9  additional rate of tax imposed during such period shall be deemed to be,
    10  and  shall  be  included  in,  net  collections subject to such county's
    11  existing agreement with the city of Kingston entered  into  pursuant  to
    12  subdivision  (c) of section 1262 of the tax law and such net collections
    13  shall be allocated in accordance with such agreement.
    14    § 3. This act shall take effect immediately.
 
    15                                   ITEM YY
 
    16    Section 1. Clause 34 of subparagraph (i) of the opening  paragraph  of
    17  section  1210  of  the tax law, as amended by section 1 of subpart YY of
    18  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    19    (34) the county of Wayne is hereby further authorized and empowered to
    20  adopt and amend local laws,  ordinances  or  resolutions  imposing  such
    21  taxes at a rate that is one percent additional to the three percent rate
    22  authorized above in this paragraph for such county for the period begin-
    23  ning  December  first, two thousand five, and ending November thirtieth,
    24  two thousand [twenty] twenty-three;
    25    § 2. This act shall take effect immediately.
 
    26                                   ITEM ZZ
 
    27    Section 1. Clause 6 of subparagraph (i) of the  opening  paragraph  of
    28  section  1210  of  the tax law, as amended by section 1 of subpart ZZ of
    29  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    30    (6) the county of Wyoming is hereby further authorized  and  empowered
    31  to  adopt  and amend local laws, ordinances or resolutions imposing such
    32  taxes at a rate which is one percent additional  to  the  three  percent
    33  rate  authorized  above in this paragraph for such county for the period
    34  beginning September first, nineteen hundred ninety-two and ending Novem-
    35  ber thirtieth, two thousand [twenty] twenty-three;
    36    § 2. This act shall take effect immediately.
 
    37                                  ITEM AAA
 
    38    Section 1. Clause 30 of subparagraph (i) of the opening  paragraph  of
    39  section  1210  of the tax law, as amended by section 1 of subpart AAA of
    40  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    41    (30) the county of Yates is hereby further authorized and empowered to
    42  adopt and amend local laws,  ordinances  or  resolutions  imposing  such
    43  taxes  at  a  rate  which is one percent additional to the three percent
    44  rate authorized above in this paragraph for such county for  the  period
    45  beginning September first, two thousand three, and ending November thir-
    46  tieth, two thousand [twenty] twenty-three;
    47    § 2. This act shall take effect immediately.
 
    48                                  ITEM BBB

        S. 7508--B                         216                        A. 9508--B
 
     1    Section  1.  Clause 6 of subparagraph (ii) of the opening paragraph of
     2  section 1210 of the tax law, as amended by section 1 of subpart  BBB  of
     3  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     4    (6)  the  city of Oswego is hereby further authorized and empowered to
     5  adopt and amend local laws,  ordinances  or  resolutions  imposing  such
     6  taxes  at  a  rate  which is one percent additional to the three percent
     7  rate authorized above in this paragraph for such  city  for  the  period
     8  beginning  September first, two thousand four, and ending November thir-
     9  tieth, two thousand [twenty] twenty-three;
    10    § 2. This act shall take effect immediately.
 
    11                                  ITEM CCC
 
    12    Section 1. Clause 1 of subparagraph (ii) of the opening  paragraph  of
    13  section  1210  of the tax law, as amended by section 1 of subpart CCC of
    14  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    15    (1) the city of Yonkers is hereby further authorized and empowered  to
    16  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
    17  taxes at a rate which is:  (a)  one  percent  additional  to  the  three
    18  percent  rate  authorized above in this paragraph for such city; and (b)
    19  one-half of one percent in addition to the  other  rates  authorized  in
    20  this  paragraph  for such city for the period beginning September first,
    21  two thousand fifteen and ending November thirtieth, two thousand  [twen-
    22  ty] twenty-three;
    23    § 2. Section 7 of chapter 67 of the laws of 2015, amending the tax law
    24  relating  to  authorizing the city of Yonkers to impose additional sales
    25  tax, as amended by section 2 of subpart CCC of part A of chapter  61  of
    26  the laws of 2017, is amended to read as follows:
    27    §  7.  This  act shall take effect immediately and shall expire and be
    28  deemed repealed November 30, [2020] 2023.
    29    § 3. This act shall take effect immediately; provided,  however,  that
    30  the amendments to clause 1 of subparagraph (ii) of the opening paragraph
    31  of section 1210 of the tax law made by section one of this act shall not
    32  affect  the  expiration and reversion of such clause and shall be deemed
    33  expired therewith.
 
    34                                  ITEM DDD
 
    35    Section 1. Clause 4 of subparagraph (ii) of the opening  paragraph  of
    36  section  1210  of the tax law, as amended by section 1 of subpart DDD of
    37  part A of chapter 61 of the laws of 2017, is amended to read as follows:
    38    (4) the  city  of  New  Rochelle  is  hereby  further  authorized  and
    39  empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
    40  imposing such taxes at a rate which is one  percent  additional  to  the
    41  three  percent rate authorized above in this paragraph for such city for
    42  the period beginning September first, nineteen hundred ninety-three  and
    43  ending December thirty-first, two thousand [twenty] twenty-three;
    44    § 2. This act shall take effect immediately.
 
    45                                  ITEM EEE
 
    46    Section  1.  Clause 42 of subparagraph (i) of the opening paragraph of
    47  section 1210 of the tax law, as amended by chapter 43  of  the  laws  of
    48  2019, is amended to read as follows:
    49    (42)  the  county  of  Westchester  is  hereby  further authorized and
    50  empowered to adopt and  amend  local  laws,  ordinances  or  resolutions

        S. 7508--B                         217                        A. 9508--B
 
     1  imposing  such  taxes  at  a  rate that is one percent additional to the
     2  three percent rate authorized above in this paragraph  for  such  county
     3  for  the period beginning August first, two thousand nineteen and ending
     4  November thirtieth, two thousand [twenty] twenty-three;
     5    § 2. Subdivision e of section 4 and section 5, 7 and 16 of chapter 272
     6  of  the  laws  of  1991,  amending the tax law relating to the method of
     7  disposition of sales and compensating use  tax  revenue  in  Westchester
     8  county  and  enacting the Westchester county spending limitation act, as
     9  amended by chapter 43 of the laws  of  2019,  are  amended  to  read  as
    10  follows:
    11    e.  "Spending  limitation" means the maximum amount of county spending
    12  established in county fiscal years 1992, 1993, 1994, 1995,  1996,  1997,
    13  1998,  1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
    14  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and],  2020,
    15  2021, 2022 and 2023.
    16    § 5. Establishment of annual spending limitation. a. For county fiscal
    17  years  1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002,
    18  2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,  2014,
    19  2015,  2016,  2017,  2018,  2019  [and], 2020, 2021, 2022 and 2023 there
    20  shall be in effect an annual spending limitation. The  spending  limita-
    21  tion  shall  be  derived from a fixed percentage reflecting the ratio of
    22  base year spending to county personal income. County personal income for
    23  such calculation shall be for the period January 1, 1986 through  Decem-
    24  ber 31, 1986. Such percentage shall be applied to county personal income
    25  for  the  period January 1, 1989 through December 31, 1989, to determine
    26  the spending limitation for county fiscal year 1992;  to  determine  the
    27  spending  limitation  for county fiscal year 1993, such percentage shall
    28  be applied to county personal income for  the  period  January  1,  1990
    29  through  December  31,  1990;  to  determine the spending limitation for
    30  county fiscal year 1994, such percentage  shall  be  applied  to  county
    31  personal  income  for  the  period  January 1, 1991 through December 31,
    32  1991; to determine the spending limitation for county fiscal year  1995,
    33  such percentage shall be applied to county personal income for the peri-
    34  od  January 1, 1992 through December 31, 1992; to determine the spending
    35  limitation for county fiscal year 1996, such percentage shall be applied
    36  to county personal income for the period January 1, 1993 through  Decem-
    37  ber  31,  1993;  to  determine the spending limitation for county fiscal
    38  year 1997, such percentage shall be applied to  county  personal  income
    39  for  the  period January 1, 1994 through December 31, 1994; to determine
    40  the spending limitation for county fiscal  year  1998,  such  percentage
    41  shall  be  applied  to  county personal income for the period January 1,
    42  1995 through December 31, 1995; to determine the spending limitation for
    43  county fiscal year 1999, such percentage  shall  be  applied  to  county
    44  personal  income  for  the  period  January 1, 1996 through December 31,
    45  1996; to determine the spending limitation for county fiscal year  2000,
    46  such percentage shall be applied to county personal income for the peri-
    47  od  January 1, 1997 through December 31, 1997; to determine the spending
    48  limitation for county fiscal year 2001, such percentage shall be applied
    49  to county personal income for the period January 1, 1998 through  Decem-
    50  ber  31,  1998;  to  determine the spending limitation for county fiscal
    51  year 2002, such percentage shall be applied to  county  personal  income
    52  for  the  period January 1, 1999 through December 31, 1999; to determine
    53  the spending limitation for county fiscal  year  2003,  such  percentage
    54  shall  be  applied  to  county personal income for the period January 1,
    55  2000 through December 31, 2000; to determine the spending limitation for
    56  county fiscal year 2004, such percentage  shall  be  applied  to  county

        S. 7508--B                         218                        A. 9508--B
 
     1  personal  income  for  the  period  January 1, 2001 through December 31,
     2  2001; to determine the spending limitation for county fiscal year  2005,
     3  such percentage shall be applied to county personal income for the peri-
     4  od  January 1, 2002 through December 31, 2002; to determine the spending
     5  limitation for county fiscal year 2006, such percentage shall be applied
     6  to county personal income for the period January 1, 2003 through  Decem-
     7  ber 31, 2003; to determine the spending limitation for the county fiscal
     8  year  2007,  such  percentage shall be applied to county personal income
     9  for the period January 1, 2004 through December 31, 2004;  to  determine
    10  the spending limitation for the county fiscal year 2008, such percentage
    11  shall  be  applied  to  county personal income for the period January 1,
    12  2005 through December 31, 2005; to determine the spending limitation for
    13  the county fiscal year 2009, such percentage shall be applied to  county
    14  personal  income  for  the  period  January 1, 2006 through December 31,
    15  2006; to determine the spending limitation for the  county  fiscal  year
    16  2010, such percentage shall be applied to county personal income for the
    17  period  January  1,  2007  through  December  31, 2007; to determine the
    18  spending limitation for the county fiscal  year  2011,  such  percentage
    19  shall  be  applied  to  county personal income for the period January 1,
    20  2008 through December 31, 2008; to determine the spending limitation for
    21  the county fiscal year 2012, such percentage shall be applied to  county
    22  personal  income  for  the  period  January 1, 2009 through December 31,
    23  2009; to determine the spending limitation for the  county  fiscal  year
    24  2013, such percentage shall be applied to county personal income for the
    25  period  January  1,  2010  through  December  31, 2010; to determine the
    26  spending limitation for the county fiscal  year  2014,  such  percentage
    27  shall  be  applied  to  county personal income for the period January 1,
    28  2011 through December 31, 2011; to determine the spending limitation for
    29  the county fiscal year 2015, such percentage shall be applied to  county
    30  personal  income  for  the  period  January 1, 2012 through December 31,
    31  2012; to determine the spending limitation for county fiscal year  2016,
    32  such  percentage  shall be applied to the county personal income for the
    33  period January 1, 2013 through  December  31,  2013;  to  determine  the
    34  spending  limitation  for  the  county fiscal year 2017, such percentage
    35  shall be applied to county personal income for  the  period  January  1,
    36  2014 through December 31, 2014; and to determine the spending limitation
    37  for  county  fiscal  year  2018, such percentage shall be applied to the
    38  county personal income for the period January 1, 2015  through  December
    39  31,  2015;  to  determine  the spending limitation for the county fiscal
    40  year 2019, such percentage shall be applied to  county  personal  income
    41  for  the period January 1, 2016 through December 31, 2016; and to deter-
    42  mine the spending limitation for county fiscal year 2020, such  percent-
    43  age  shall be applied to the county personal income for the period Janu-
    44  ary 1, 2017 through December 31, 2017; and  to  determine  the  spending
    45  limitation  for  the  county  fiscal year 2021, such percentage shall be
    46  applied to county personal income for the period January 1, 2018 through
    47  December 31, 2018; and to determine  the  spending  limitation  for  the
    48  county  fiscal  year  2022,  such  percentage shall be applied to county
    49  personal income for the period January  1,  2019  through  December  31,
    50  2019;  and  to  determine  the spending limitation for the county fiscal
    51  year 2023, such percentage shall be applied to  county  personal  income
    52  for the period January 1, 2020 through December 31, 2020.
    53    b.  The  spending  limitation shall serve as a statutory cap on county
    54  spending to be reflected in the tentative budget as well as the  enacted
    55  budget for county fiscal years beginning in 1992.

        S. 7508--B                         219                        A. 9508--B
 
     1    §  7.  Mandatory  tax reduction. In the event that the county spending
     2  subject to the spending limitation exceeds such limitation in the  adop-
     3  tive  county budget for county fiscal year 1992, 1993, 1994, 1995, 1996,
     4  1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,
     5  2009,  2010,  2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [or],
     6  2020, 2021, 2022 or 2023 then section 1262-b of the  tax  law  shall  be
     7  repealed.
     8    §  16. This act shall take effect immediately, provided, however, that
     9  sections one through seven of this act shall be in full force and effect
    10  until November 30, [2020] 2023.
    11    § 3. Section 6-a of chapter 44 of the laws of 2019, amending  the  tax
    12  law relating to authorizing the county of Westchester to impose an addi-
    13  tional rate of sales and compensating use tax, as added by chapter 43 of
    14  the laws of 2019, is amended to read as follows:
    15    §  6-a.  Notwithstanding any other provision of any state or local law
    16  to the contrary, any local law, ordinance or resolution enacted, adopted
    17  or amended to impose the sales and compensating use  taxes  at  the  one
    18  percent  additional  rate  of  tax authorized by this act for the period
    19  beginning August 1, 2019, and ending November  30,  [2020]  2023,  shall
    20  take  effect  on that date in accordance with the provisions of subdivi-
    21  sion (d) of section 1210 of the tax law,  except  that  such  additional
    22  rate  may take effect on August 1, 2019, and the minimum notice require-
    23  ments shall be deemed complied with if such county mails,  by  certified
    24  or  registered  mail,  a  certified copy of such local law, ordinance or
    25  resolution to the commissioner of taxation and finance  at  his  or  her
    26  office in Albany no later than July 1, [2019] 2020.
    27    §  4. This act shall take effect immediately; provided that the amend-
    28  ments made to section 4, 5 and 7 of chapter 272 of the laws of 1991 made
    29  by section two of this act shall  not  affect  the  expiration  of  such
    30  sections and shall be deemed repealed therewith.
    31    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    32  sion, section, or item of this subpart shall be adjudged by any court of
    33  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    34  impair, or invalidate the remainder thereof, but shall  be  confined  in
    35  its  operation  to the clause, sentence, paragraph, subdivision, section
    36  or item thereof directly involved in the controversy in which such judg-
    37  ment shall have been rendered. It is hereby declared to be the intent of
    38  the legislature that this part would have  been  enacted  even  if  such
    39  invalid provisions had not been included herein.
    40    §  3.  This  act shall take effect immediately provided, however, that
    41  the applicable effective date of Items A through  EEE  of  this  Subpart
    42  shall be as specifically set forth in the last section of such Items.

    43                                  SUBPART D
 
    44    Section  1. This Subpart enacts into law legislation providing for the
    45  imposition of hotel and motel taxes by certain counties. Each  component
    46  is  wholly contained within an Item identified as Items A through D. The
    47  effective date for each particular provision contained within an Item is
    48  set forth in the last section of such Item. Any provision of any section
    49  contained within an Item, including the  effective  date  of  the  Item,
    50  which  makes  reference  to  a  section  "of  this  act",  when  used in
    51  connection with that particular component, shall be deemed to  mean  and
    52  refer  to  the  corresponding  section of the Item in which it is found.
    53  Section three of this Subpart sets forth the general effective  date  of
    54  this Subpart.

        S. 7508--B                         220                        A. 9508--B
 
     1                                   ITEM A
 
     2    Section  1. Subdivision 7 of section 1202-q of the tax law, as amended
     3  by section 1 of subpart A of part B of chapter 61 of the laws  of  2017,
     4  is amended to read as follows:
     5    (7)  Such  local  law  shall  provide for the imposition of a hotel or
     6  motel tax for a period to expire on December thirty-first, two  thousand
     7  [twenty] twenty-three.
     8    §  2.  Section  6 of chapter 179 of the laws of 2000, amending the tax
     9  law, relating to hotel and motel taxes in Nassau county and a  surcharge
    10  on  tickets  to  places  of  entertainment in such county, as amended by
    11  section 2 of subpart A of part B of chapter 61 of the laws of  2017,  is
    12  amended to read as follows:
    13    §  6. This act shall take effect immediately, except that section five
    14  of this act shall take effect on the same date as a chapter of the  laws
    15  of  2000 amending the public authorities law and the tax law relating to
    16  creating the Nassau  county  interim  finance  authority  takes  effect;
    17  provided,  further,  that sections two, three and four of this act shall
    18  expire and be deemed repealed December 31, [2020] 2023.
    19    § 3. This act shall take effect immediately.
 
    20                                   ITEM B
 
    21    Section 1. Section 2 of chapter 405 of the laws of 2007, amending  the
    22  tax  law  relating to increasing hotel/motel taxes in Chautauqua county,
    23  as amended by section 1 of subpart B of part B of chapter 61 of the laws
    24  of 2017, is amended to read as follows:
    25    § 2. This act shall take effect December 1, 2007 and shall expire  and
    26  be deemed repealed November 30, [2020] 2023.
    27    § 2. This act shall take effect immediately.
 
    28                                   ITEM C
 
    29    Section  1. Subdivision 7 of section 1202-o of the tax law, as amended
    30  by section 1 of subpart C of part B of chapter 61 of the laws  of  2017,
    31  is amended to read as follows:
    32    (7)  Such  local  law  shall  provide for the imposition of a hotel or
    33  motel tax until December thirty-first,  two  thousand  [twenty]  twenty-
    34  three.
    35    § 2. This act shall take effect immediately.
 
    36                                   ITEM D
 
    37    Section  1.  Section  3  of  chapter 105 of the laws of 2009, amending
    38  chapter 693 of the laws of 1980 enabling the county of Albany to  impose
    39  and  collect taxes on occupancy of hotel or motel rooms in Albany county
    40  relating to revenues received from the  collection  of  hotel  or  motel
    41  occupancy  taxes,  as  amended  by  chapter  134 of the laws of 2018, is
    42  amended to read as follows:
    43    § 3. This act shall take effect upon the adoption  by  the  county  of
    44  Albany  of  a local law imposing in such county the additional occupancy
    45  tax authorized by this act and  shall  expire  and  be  deemed  repealed
    46  December  31,  [2020] 2023; provided that Albany county shall notify the
    47  legislative bill drafting commission upon the occurrence of  the  enact-
    48  ment  of  such  local  law  in order that the commission may maintain an
    49  accurate and timely effective data base of the official text of the laws

        S. 7508--B                         221                        A. 9508--B
 
     1  of the state of New York in furtherance of effecting the  provisions  of
     2  section  44  of the legislative law and section 70-b of the public offi-
     3  cers law.
     4    § 2. This act shall take effect immediately.
     5    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     6  sion, section, or item of this subpart shall be adjudged by any court of
     7  competent  jurisdiction  to  be invalid, such judgment shall not affect,
     8  impair, or invalidate the remainder thereof, but shall  be  confined  in
     9  its  operation  to the clause, sentence, paragraph, subdivision, section
    10  or item thereof directly involved in the controversy in which such judg-
    11  ment shall have been rendered. It is hereby declared to be the intent of
    12  the legislature that this subpart would have been enacted even  if  such
    13  invalid provisions had not been included herein.
    14    §  3.  This  act shall take effect immediately provided, however, that
    15  the applicable effective date of Items A through D of this Subpart shall
    16  be as specifically set forth in the last section of such Items.
 
    17                                  SUBPART E
 
    18    Section 1. This Subpart enacts into law legislation providing for  the
    19  imposition of a county recording tax on obligation secured by a mortgage
    20  on  real  property.  Each  component  is wholly contained within an Item
    21  identified as Items A through N. The effective date for each  particular
    22  provision  contained  within an Item is set forth in the last section of
    23  such Item. Any provision of any section contained within a Item, includ-
    24  ing the effective date of the Item, which makes reference to  a  section
    25  "of  this  act", when used in connection with that particular component,
    26  shall be deemed to mean and refer to the corresponding  section  of  the
    27  Item  in which it is found. Section three of this Subpart sets forth the
    28  general effective date of this Subpart.
 
    29                                   ITEM A
 
    30    Section 1. Section 2 of chapter 333 of the laws of 2006  amending  the
    31  tax  law  relating  to  authorizing  the county of Schoharie to impose a
    32  county recording tax on obligation secured by a mortgage on real proper-
    33  ty, as amended by section 1 of subpart A of part C of chapter 61 of  the
    34  laws of 2017, is amended to read as follows:
    35    §  2.  This  act shall take effect immediately and shall expire and be
    36  deemed repealed on and after December 1, [2020] 2023.
    37    § 2. This act shall take effect immediately.
 
    38                                   ITEM B
 
    39    Section 1. Section 2 of chapter 326 of the laws of 2006, amending  the
    40  tax law relating to authorizing the county of Hamilton to impose a coun-
    41  ty  recording  tax on obligations secured by mortgages on real property,
    42  as amended by section 1 of subpart B of part C of chapter 61 of the laws
    43  of 2017, is amended to read as follows:
    44    § 2. This act shall take effect immediately and shall  expire  and  be
    45  deemed repealed December 1, [2020] 2023.
    46    § 2. This act shall take effect immediately.
 
    47                                   ITEM C

        S. 7508--B                         222                        A. 9508--B
 
     1    Section  1. Section 2 of chapter 489 of the laws of 2004, amending the
     2  tax law relating to the mortgage recording tax in the county of  Fulton,
     3  as amended by section 1 of subpart C of part C of cha