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A03008 Summary:

BILL NOA03008B
 
SAME ASNo Same As
 
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 2017-2018 state fiscal year; relates to the disposition of revenues of vehicle transaction fees (Part A); relates to divisible load permits (Part B); relates to compliance with new federal regulations for stringer-steered automobile and boat transporters, tow trucks, trailers and semitrailers (Part D); relates to waiver of non-resident license reinstatement fee for certain crime victims (Part H); relates to increasing the non-resident license reinstatement fee when the basis (Part I); relates to increasing fees for original and duplicate certificates of title (Part J); relates to additional fees for certain identification cards (Part K); relates to extending certain provisions relating to the empire state economic development fund (Part M); relates to the effectiveness of the power of the New York state urban development corporation to make loans (Part N); relates the the minority and women-owned business enterprise program (Part O); extends the expiration date of chapter 21 of the laws of 2003, permitting the secretary of state to provide special handling for the division of corporations' documents (Part Q); relates to streamlining the licensing process for real estate professionals (Part S); relates to local waterfront revitalization (Part T); relates to the chairperson of the state athletic commission (Part U); deems certain expenses of the department of health to be expenses of the department of public service (Part V); relates to the enforcement of insurance laws against unlicensed participants (Part Y); relates to the licensing and regulation of student loan servicers (Part Z); relates to establishing the paid family leave risk adjustment (Part DD); makes the requirements for the provision of certain notices prior to foreclosure upon a mortgage applicable to reverse mortgages (Part FF); relates to assessments to defray operating expenses of the department (Subpart A); relates to the distribution of assets (Subpart B); and relates to insurers deemed to be in a hazardous financial condition (Subpart C) (Part GG); relates to the "clean water infrastructure act of 2017"; relates to the cleanup and abatement of certain solid waste site and drinking water infrastructure grants program; relates to certain costs; and repeals subdivision 9 of section 97-b of the state finance law, relating to certain moneys in the hazardous waste remedial fund (Part II); relates to environmental protection fund deposits and transfers and extending the effectiveness of the "Cleaner, Greener NY Act of 2013" (Part JJ); relates to the donation of excess food and recycling of food scraps (Part KK); relates to authorizing the energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs as well as the department of environmental conservation's climate change program, from an assessment on gas and electric corporations (Part MM); repeals subdivision 18-a of section 1261 of the public authorities law relating to the definition of "transportation purpose" for purposes of the metropolitan transportation authority (Part NN); prohibits certain roadway lighting (Part OO); requires that economic development entities be treated as public bodies (Part PP); imposes reporting requirements on recipients of funding under the program; defines terms; requires a qualified participant to provide a report for the prior state fiscal year with information regarding projected and actual jobs created and retained in connection with any related economic development benefits (Part QQ); creates the small business innovation research/small business technology transfer technical assistance program; repeals section 3102-c of the public authorities law relating thereto (Part RR); relates to an award schedule for the appropriation of money from the urban development corporation to certain municipal corporations and school districts (Part SS); relates to establishing a paint stewardship program; promotes strategies to reduce generation of post-consumer architectural paint; requires establishment of a recycling program of architectural paint by retailers and/or producers (Part TT); relates to establishing the New York state environmental justice act and grants (Part UU); relates to establishing the Indian Point closure task force within the department of public service (Part VV); relates to the creation of the strategic investment in workforce development program (Part WW); enacts the New York State climate and community protection act; relates to climate change; renewable energy program; labor and job standards and worker protection (Part XX); relates to pesticide registration timetables and fees (Part YY); relates to producing an alternatives analysis for the construction of a light rail system along the west shore of Staten Island (Part ZZ); develops and implements a toll rebate plan for Cross Bay Veterans Memorial Bridge (Part AAA); prohibits the purchase of zero-emission credits until the heads of the public service commission and the New York state energy research and development authority appear before a joint public hearing (Part BBB).
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A03008 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3008--B
 
                   IN ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        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 recommit-
          ted to said committee

        AN ACT 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 disposition of revenues (Part
          A); to amend the vehicle and traffic law,  in  relation  to  divisible
          load  permits  (Part  B); intentionally omitted (Part C); to amend the
          vehicle and traffic law in relation to  compliance  with  new  federal
          regulations  (Part  D);  intentionally omitted (Part E); intentionally
          omitted (Part F); intentionally omitted (Part G); to amend the vehicle
          and traffic law, in relation to the waiver of  non-driver  identifica-
          tion  card  fees  for crime victims (Part H); to amend the vehicle and
          traffic law, in relation to the reinstatement  fee  for  non-residents
          (Part  I);  to  amend  the  vehicle  and  traffic  law, in relation to
          increasing fees for original and duplicate certificates of title (Part
          J); to amend the vehicle and traffic law, in  relation  to  additional
          fees  for certain identification cards (Part K); intentionally omitted
          (Part L); to amend the New York state  urban  development  corporation
          act,  in  relation  to  extending  certain  provisions relating to the
          empire state economic development fund (Part M); 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 the effective-
          ness thereof (Part N); to amend chapter  261  of  the  laws  of  1988,
          amending the state finance law and other laws relating to the New York
          state  infrastructure  trust  fund,  in  relation  to the minority and
          women-owned business enterprise program (Part O); intentionally  omit-
          ted  (Part  P);  to amend 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 expiration  date  thereof  (Part
          Q); intentionally omitted (Part R); to amend the real property law, in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-05-7

        A. 3008--B                          2
 
          relation to streamlining the licensing process for real estate profes-
          sionals  (Part S); to amend the environmental conservation law and the
          executive law, in relation to local  waterfront  revitalization  (Part
          T);  to amend the executive law, in relation to the chairperson of the
          state athletic commission (Part U); deeming certain  expenses  of  the
          department  of  health  to  be  expenses  of  the department of public
          service (Part V); intentionally omitted (Part W); intentionally  omit-
          ted  (Part X); to amend the insurance law, in relation to the enforce-
          ment of the insurance law against unlicensed participants (Part Y); to
          amend the banking law, in relation to the licensing and regulation  of
          student  loan  servicers  (Part  Z);  intentionally omitted (Part AA);
          intentionally omitted (Part BB); intentionally omitted (Part  CC);  to
          amend  the  state  finance  law, in relation to creating a paid family
          leave risk adjustment fund (Part DD); intentionally omitted (Part EE);
          to amend the real property actions and proceedings law, in relation to
          making the prior notice requirements applicable to the foreclosure  of
          reverse  mortgages  (Part FF); to amend the financial services law, in
          relation to assessments to defray operating expenses of the department
          (Subpart A); to amend the insurance law, in relation to  the  distrib-
          ution  of  assets  (Subpart  B);  and  to  amend the insurance law, in
          relation to insurers deemed to be in a hazardous  financial  condition
          (Subpart  C)(Part  GG);  intentionally omitted (Part HH); to amend the
          environmental conservation law, the public health law, and the  public
          authorities law, in relation to the implementation of the "clean water
          infrastructure  act of 2017"; to amend the soil and water conservation
          districts law, in relation to certain costs; to  amend  the  New  York
          State  water  infrastructure  improvement  act of 2015, in relation to
          water quality infrastructure projects financed with state  assistance;
          and  to repeal subdivision 9 of section 97-b of the state finance law,
          relating to certain moneys in the hazardous waste remedial fund  (Part
          II); to amend the state finance law and the environmental conservation
          law,  in relation to environmental protection fund deposits and trans-
          fers; and to amend part F of chapter 58 of the laws of  2013  amending
          the  environmental conservation law and the state finance law relating
          to the "Cleaner, Greener NY Act of 2013", in relation to extending the
          effectiveness thereof (Part JJ); to amend the environmental  conserva-
          tion  law, in relation to the donation of excess food and recycling of
          food scraps (Part KK); intentionally omitted (Part LL);  to  authorize
          the  energy research and development authority to finance a portion of
          its research, development and demonstration, policy and planning,  and
          Fuel NY programs, as well as the department of environmental conserva-
          tion's  climate change program, from an assessment on gas and electric
          corporations (Part MM); to repeal subdivision 18-a of section 1261  of
          the  public authorities law relating to the definition of "transporta-
          tion purpose" for purposes of the metropolitan transportation authori-
          ty (Part NN); to amend the public  authorities  law,  in  relation  to
          prohibiting  certain roadway lighting (Part OO); to amend the New York
          state urban development  corporation  act,  in  relation  to  economic
          development  entities  (Part  PP);  to  amend the New York state urban
          development corporation act  and  the  economic  development  law,  in
          relation  to  reporting  requirements (Part QQ); to amend the New York
          state urban development corporation act, in relation to  creating  the
          small  business innovation research/small business technology transfer
          technical assistance program; and  repealing  section  3102-c  of  the
          public  authorities law relating thereto (Part RR); to amend subpart H
          of part C of chapter 20 of the laws of 2015, appropriating  money  for

        A. 3008--B                          3
 
          certain  municipal  corporations  and school districts, in relation to
          establishing a potential award schedule (Part SS); to amend the  envi-
          ronmental  conservation  law,  in  relation  to  establishing  a paint
          stewardship program (Part TT); to amend the environmental conservation
          law,  in  relation  to  establishing  the New York state environmental
          justice act and grants (Part UU);  in  relation  to  establishing  the
          Indian  Point  closure task force and providing for the repeal of such
          provisions upon expiration thereof (Part VV); to amend  the  New  York
          state  urban  development corporation act, in relation to the creation
          of the strategic investment in  workforce  development  program  (Part
          WW);  to  amend the environmental conservation law, the public service
          law, the public authorities law, the labor law and the community  risk
          and  resiliency  act,  in  relation to establishing the New York state
          climate and community protection act (Part XX); to amend the  environ-
          mental  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 (Part YY); to direct the metropolitan transportation authority
          to produce an alternatives analysis for the construction  of  a  light
          rail system along the west shore of Staten Island (Part ZZ); to devel-
          op and implement a toll rebate plan for the Cross Bay Veterans Memori-
          al  Bridge  (Part  AAA); and to prohibit the purchase of zero emission
          credits until the heads of the public service commission and  the  New
          York  state  energy research and development authority appear before a
          joint public hearing (Part BBB)
 
          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 2017-2018
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified  as  Parts A through BBB. The effective date for each partic-
     5  ular 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. Section 13 of part U1 of chapter 62 of  the  laws  of  2003
    14  amending the vehicle and traffic law and other laws relating to increas-
    15  ing  certain  motor vehicle transaction fees, as amended by section 1 of
    16  part A of chapter 58 of the laws of 2015, is amended to read as follows:
    17    § 13. This act shall take effect immediately;  provided  however  that
    18  sections  one through seven of this act, the amendments to subdivision 2
    19  of section 205 of the tax law made by section eight  of  this  act,  and
    20  section nine of this act shall expire and be deemed repealed on April 1,
    21  2020;  [provided  further, however, that the amendments to subdivision 3
    22  of section 205 of the tax law made by section eight of  this  act  shall
    23  expire  and  be  deemed  repealed  on March 31, 2018;] provided further,

        A. 3008--B                          4
 
     1  however, that the provisions of section eleven of this  act  shall  take
     2  effect April 1, 2004 and shall expire and be deemed repealed on April 1,
     3  2020.
     4    §  2.  This  act  shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after April 1, 2017.
 
     6                                   PART B
 
     7    Section 1. Paragraph (f) of subdivision 15 of section 385 of the vehi-
     8  cle and traffic law, as amended by section 4 of part C of chapter 59  of
     9  the laws of 2004, the third undesignated paragraph as amended by chapter
    10  277 of the laws of 2014, is amended to read as follows:
    11    (f)  1.  The department of transportation, or other issuing authority,
    12  may issue an annual permit for a vehicle  designed  and  constructed  to
    13  carry  loads  that  are not of one piece or item, which is registered in
    14  this state. Motor carriers having apportioned vehicles registered  under
    15  the  international  registration plan must either have a currently valid
    16  permit at the time this provision becomes effective or shall have desig-
    17  nated New York as its base state or one of the eligible jurisdictions of
    18  operation under the international  registration  plan  in  order  to  be
    19  eligible  to  receive  a permit issued pursuant to [subparagraph] clause
    20  (i), (ii) or (ii-a) of subparagraph eight of this paragraph.  No  permit
    21  issued  pursuant  to  this paragraph shall be valid for the operation or
    22  movement of vehicles on any state or other highway within any  city  not
    23  wholly  included  within one county unless such permit was issued by the
    24  city department of transportation of such city.
    25    2. Effective January first, two thousand five, no vehicle or  combina-
    26  tion  of vehicles issued a permit pursuant to this paragraph shall cross
    27  a bridge designated as an R-posted bridge by the commissioner of  trans-
    28  portation  or  any other permit issuing authority absent a determination
    29  by such commissioner or permit issuing authority that the permit  appli-
    30  cant  has  demonstrated special circumstances warranting the crossing of
    31  such bridge or bridges and  a  determination  by  such  commissioner  or
    32  permit  issuing  authority  that  such  bridge or bridges may be crossed
    33  safely, provided, however, that in no event shall a vehicle or  combina-
    34  tion  of  vehicles  issued a permit under this paragraph be permitted to
    35  cross a bridge designated as an  R-posted  bridge  if  such  vehicle  or
    36  combination of vehicles has a maximum gross weight exceeding one hundred
    37  two  thousand  pounds,  and  provided  further,  however,  that  nothing
    38  contained herein shall be deemed to authorize any vehicle or combination
    39  of vehicles to cross any such bridge within any city not wholly included
    40  within one county unless such vehicle or  combination  of  vehicles  has
    41  been  issued  a valid permit by the city department of transportation of
    42  such city pursuant to this subdivision.
    43    3. No vehicle having a model year of two thousand six or  newer  shall
    44  be  issued  a permit pursuant to this paragraph unless each axle of such
    45  vehicle or combination of vehicles, other than  steerable  or  trackable
    46  axles,  is  equipped  with  two  tires on each side of the axle, any air
    47  pressure controls for lift axles are located  outside  the  cab  of  the
    48  vehicle and are beyond the reach of occupants of the cab while the vehi-
    49  cle  is  in  motion,  the weight on any grouping of two or more axles is
    50  distributed such that no axle in the grouping carries less  than  eighty
    51  percent  of  any  other  axle  in  the grouping and any liftable axle is
    52  steerable or trackable; and, further provided,  after  December  thirty-
    53  first, two thousand nineteen, no permit shall be issued pursuant to this
    54  paragraph to a vehicle of any model year that does not meet the require-

        A. 3008--B                          5
 
     1  ments of this provision, except that such permits may be issued prior to
     2  January  first,  two thousand twenty to a vehicle that does not meet the
     3  requirement concerning axle grouping weight distribution, but meets  all
     4  other requirements of this section.
     5    4.  A  divisible  load permit may only be transferred to a replacement
     6  vehicle by the same registrant or transferred with the permitted vehicle
     7  as part of the sale or transfer of the permit holder's business; or,  if
     8  the  divisible  load  permit is issued pursuant to [subparagraph] clause
     9  (iv), (v) or (vi) of subparagraph eight of this paragraph for use within
    10  the counties of Westchester, Rockland, Nassau, Suffolk,  Putnam,  Orange
    11  and  Dutchess  and  has  been  effective  for the five years preceding a
    12  transfer of such permit, the permit may be transferred with the  permit-
    13  ted  vehicle  in  the  sale  of the permitted vehicle to the holder of a
    14  permit issued pursuant to [subparagraph] clause (iv),  (v)  or  (vi)  of
    15  subparagraph  eight  of  this  paragraph  for use within the counties of
    16  Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess.
    17    5. If a permit holder operates a vehicle or combination of vehicles in
    18  violation of any posted weight restriction, the permit  issued  to  such
    19  vehicle  or  combination of vehicles shall be deemed void as of the next
    20  day and shall not be reissued for a period of twelve calendar months.
    21    6. Until June thirtieth, nineteen hundred ninety-four,  no  more  than
    22  sixteen  thousand  power  units  shall  be  issued annual permits by the
    23  department for any twelve-month period in  accordance  with  this  para-
    24  graph.  After June thirtieth, nineteen hundred ninety-four, no more than
    25  sixteen thousand five hundred power units shall be issued annual permits
    26  by the department for any twelve-month period.  After  December  thirty-
    27  first,  nineteen  hundred  ninety-five,  no more than seventeen thousand
    28  power units shall be issued annual permits by  the  department  for  any
    29  twelve-month period. After December thirty-first, two thousand three, no
    30  more than twenty-one thousand power units shall be issued annual permits
    31  by  the  department  for any twelve-month period. After December thirty-
    32  first, two thousand five, no more than twenty-two thousand  power  units
    33  shall  be  issued  annual permits by the department for any twelve-month
    34  period. After December thirty-first, two  thousand  six,  no  more  than
    35  twenty-three  thousand power units shall be issued annual permits by the
    36  department for any twelve-month period. After December thirty-first, two
    37  thousand seven, no more than twenty-four thousand power units  shall  be
    38  issued  annual  permits  by  the department for any twelve-month period.
    39  After December thirty-first, two thousand eight, no  more  than  twenty-
    40  five  thousand power units shall be issued annual permits by the depart-
    41  ment for any twelve-month period. After December thirty-first, two thou-
    42  sand sixteen, no more than twenty-seven thousand power  units  shall  be
    43  issued  annual  permits  by  the department for any twelve-month period.
    44  After December thirty-first, two thousand eighteen, no more  than  twen-
    45  ty-nine  thousand  power  units  shall  be  issued annual permits by the
    46  department for any twelve-month period. After December thirty-first, two
    47  thousand twenty, no more than  thirty  thousand  power  units  shall  be
    48  issued  annual  permits  by  the department for any twelve-month period.
    49  After December thirty-first, two thousand twenty-two, no more than thir-
    50  ty-one thousand power units  shall  be  issued  annual  permits  by  the
    51  department for any twelve-month period. After December thirty-first, two
    52  thousand  twenty-three,  no  more  than  thirty-two thousand power units
    53  shall be issued annual permits by the department  for  any  twelve-month
    54  period.  After  December thirty-first, two thousand twenty-four, no more
    55  than thirty-three thousand power units shall be issued annual permits by
    56  the department for any twelve-month  period.    After  December  thirty-

        A. 3008--B                          6
 
     1  first, two thousand twenty-five, no more than thirty-five thousand power
     2  units  shall  be issued annual permits by the department for any twelve-
     3  month period.
     4    Whenever  permit  application requests exceed permit availability, the
     5  department shall renew annual permits that have been  expired  for  less
     6  than  four  years  which meet program requirements, and then shall issue
     7  permit applicants having less than three  divisible  load  permits  such
     8  additional  permits  as  the  applicant  may request, providing that the
     9  total of existing and new  permits  does  not  exceed  three.  Remaining
    10  permits  shall  be  allocated  by  lottery in accordance with procedures
    11  established by the commissioner in rules and regulations.
    12    7. The department of transportation may issue a seasonal  agricultural
    13  permit in accordance with [subparagraphs] clauses (i), (ii) and (iii) of
    14  subparagraph eight of this paragraph that will be valid for four consec-
    15  utive  months with a fee equal to one-half the annual permit fees estab-
    16  lished under this subdivision.
    17    8. For a vehicle issued a permit in  accordance  with  [subparagraphs]
    18  clauses (iii), (iv), (v) and (vi) of this [paragraph] subparagraph, such
    19  a  vehicle  must  have  been  registered  in this state prior to January
    20  first, nineteen hundred eighty-six or be a  vehicle  or  combination  of
    21  vehicles which replace such type of vehicle which was registered in this
    22  state  prior  to  such date provided that the manufacturer's recommended
    23  maximum gross weight of the replacement vehicle or combination of  vehi-
    24  cles does not exceed the weight for which a permit may be issued and the
    25  maximum  load to be carried on the replacement vehicle or combination of
    26  vehicles does not exceed the maximum load which could have been  carried
    27  on  the vehicle being replaced or the registered weight of such vehicle,
    28  whichever is lower, in accordance  with  the  following  [subparagraphs]
    29  clauses:
    30    (i)  A  permit may be issued for a vehicle having at least three axles
    31  and a wheelbase not less than sixteen feet and  for  a  vehicle  with  a
    32  trailer not exceeding forty-eight feet. The maximum gross weight of such
    33  a  vehicle  shall not exceed forty-two thousand five hundred pounds plus
    34  one thousand two hundred fifty pounds for each foot and  major  fraction
    35  of  a  foot  of the distance from the center of the foremost axle to the
    36  center of the rearmost axle, or one hundred two thousand pounds,  which-
    37  ever  is  more  restrictive  provided, however, that any four axle group
    38  weight shall not exceed sixty-two thousand pounds, any tridem axle group
    39  weight shall not exceed fifty-seven thousand  pounds,  any  tandem  axle
    40  weight  does  not exceed forty-seven thousand pounds and any single axle
    41  weight shall not exceed twenty-five thousand pounds.
    42    Any additional special authorizations contained in a  currently  valid
    43  annual  permit  shall  cease  upon the expiration of such current annual
    44  permit.
    45    (ii) A permit may be issued subject to bridge restrictions for a vehi-
    46  cle or a combination of vehicles having at least six axles and  a  wheel
    47  base  of at least thirty-six and one-half feet. The maximum gross weight
    48  of such vehicle or combination of vehicles shall not exceed one  hundred
    49  seven  thousand pounds and any tridem axle group weight shall not exceed
    50  fifty-eight thousand pounds and any tandem axle group weight  shall  not
    51  exceed forty-eight thousand pounds.
    52    (ii-a)  A  permit  may  be issued subject to bridge restrictions for a
    53  combination of vehicles having at least seven axles and a  wheelbase  of
    54  at  least forty-three feet. The maximum gross weight of such combination
    55  of vehicles shall not exceed one hundred seventeen thousand pounds,  any
    56  four axle group weight shall not exceed sixty-three thousand pounds, any

        A. 3008--B                          7
 
     1  tridem  axle  group weight shall not exceed fifty-eight thousand pounds,
     2  any tandem axle group  weight  shall  not  exceed  forty-eight  thousand
     3  pounds, and any single axle weight shall not exceed twenty-five thousand
     4  pounds.
     5    Each  axle  of  such  combination of vehicles, other than steerable or
     6  trackable axles, shall be equipped with two tires on each  side  of  the
     7  axle,  any air pressure controls for lift axles shall be located outside
     8  the cab of the combination of vehicles and shall be beyond the reach  of
     9  occupants of the cab while the combination of vehicles is in motion, the
    10  weight  on  any  grouping of two or more axles shall be distributed such
    11  that no axle in the grouping carries less than  eighty  percent  of  any
    12  other axle in the grouping, and any liftable axle of such combination of
    13  vehicles shall be steerable or trackable.
    14    (iii)  A  permit  may  be  issued for a vehicle having two axles and a
    15  wheelbase not less than ten feet, with the maximum gross weight  not  in
    16  excess of one hundred twenty-five percent of the total weight limitation
    17  as  set  forth  in  subdivision  ten of this section. Furthermore, until
    18  December thirty-first, nineteen hundred  ninety-four,  any  single  rear
    19  axle  weight shall not exceed twenty-eight thousand pounds. After Decem-
    20  ber thirty-first, nineteen hundred ninety-four, any  axle  weight  shall
    21  not exceed twenty-seven thousand pounds.
    22    (iv) Within a city not wholly included within one county and the coun-
    23  ties  of  Westchester,  Rockland,  Nassau,  Suffolk,  Putnam, Orange and
    24  Dutchess, a permit may be issued for a vehicle  having  at  least  three
    25  axles and a wheelbase not exceeding forty-four feet nor less than seven-
    26  teen feet or for a vehicle with a trailer not exceeding forty feet.
    27    Until  December  thirty-first,  nineteen hundred ninety-four, a permit
    28  may only be issued for such a vehicle having a maximum gross weight  not
    29  exceeding  eighty-two  thousand  pounds and any tandem axle group weight
    30  shall not exceed sixty-two thousand pounds.
    31    After January first, nineteen hundred ninety-five,  the  operation  of
    32  such  a vehicle shall be further limited and a permit may only be issued
    33  for such a vehicle having a maximum gross weight not exceeding  seventy-
    34  nine  thousand  pounds and any tandem axle group weight shall not exceed
    35  fifty-nine thousand pounds, and any tridem shall not  exceed  sixty-four
    36  thousand pounds.
    37    A  permit  may  be  issued  only until December thirty-first, nineteen
    38  hundred ninety-four for a vehicle having at  least  three  axles  and  a
    39  wheelbase  between  fifteen and seventeen feet. The maximum gross weight
    40  of such a vehicle shall not exceed seventy-three  thousand  two  hundred
    41  eighty  pounds  and any tandem axle group weight shall not exceed fifty-
    42  four thousand pounds.
    43    No vehicle having a model year of two thousand six or newer  shall  be
    44  issued  a  permit pursuant to this subparagraph for use within the coun-
    45  ties of Westchester,  Rockland,  Nassau,  Suffolk,  Putnam,  Orange  and
    46  Dutchess  unless  it  is  equipped with at least four axles, and further
    47  provided, after December thirty-first, two thousand fourteen, no  permit
    48  shall  be  issued  pursuant to this [subparagraph] clause for use within
    49  the counties of Westchester, Rockland, Nassau, Suffolk,  Putnam,  Orange
    50  and  Dutchess  to  a  vehicle  of  any  model year unless the vehicle is
    51  equipped with at least four axles.
    52    (v) Within a city not wholly included within one county and the  coun-
    53  ties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange or Dutch-
    54  ess,  a  permit may be issued only until December thirty-first, nineteen
    55  hundred ninety-nine for a vehicle or combination of  vehicles  that  has
    56  been permitted within the past four years having five axles and a wheel-

        A. 3008--B                          8
 
     1  base  of at least thirty-six and one-half feet. The maximum gross weight
     2  of such a vehicle or  combination  of  vehicles  shall  not  exceed  one
     3  hundred  five thousand pounds and any tandem axle group weight shall not
     4  exceed fifty-one thousand pounds.
     5    Within  a  city not wholly included within one county and the counties
     6  of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and  Dutchess,
     7  a  permit  may be issued for a vehicle or combination of vehicles having
     8  at least five axles and a wheelbase of at least thirty feet. The maximum
     9  gross weight of such vehicle or combination of vehicles shall not exceed
    10  ninety-three thousand pounds and any tridem axle group weight shall  not
    11  exceed  fifty-seven  thousand  pounds  and  any tandem axle group weight
    12  shall not exceed forty-five thousand pounds.
    13    (vi) Within a city not wholly included within one county and the coun-
    14  ties of Westchester,  Rockland,  Nassau,  Suffolk,  Putnam,  Orange  and
    15  Dutchess,  a  permit may be issued for a vehicle or combination of vehi-
    16  cles having at least five axles or more and  a  wheelbase  of  at  least
    17  thirty-six  and  one-half  feet,  provided  such permit contains routing
    18  restrictions.
    19    Until December thirty-first, nineteen hundred ninety-four, the maximum
    20  gross weight of a vehicle or combination  of  vehicles  permitted  under
    21  this  [subparagraph] clause shall not exceed one hundred twenty thousand
    22  pounds and any tandem or tridem  axle  group  weight  shall  not  exceed
    23  sixty-nine  thousand  pounds,  provided,  however,  that any replacement
    24  vehicle or combination of vehicles permitted after the effective date of
    25  this [subparagraph] clause shall have at least  six  axles,  any  tandem
    26  axle  group  shall  not exceed fifty thousand pounds and any tridem axle
    27  group shall not exceed sixty-nine thousand pounds.
    28    After December thirty-first, nineteen hundred ninety-four, the  tridem
    29  axle  group  weight  of  any vehicle or combination of vehicles issued a
    30  permit under this [subparagraph] clause  shall  not  exceed  sixty-seven
    31  thousand  pounds,  any  tandem  axle group weight shall not exceed fifty
    32  thousand pounds and any single axle weight shall not exceed  twenty-five
    33  thousand seven hundred fifty pounds.
    34    After  December  thirty-first, nineteen hundred ninety-nine, all vehi-
    35  cles issued a permit under this [subparagraph] clause must have at least
    36  six axles.
    37    After December thirty-first, two thousand fourteen,  all  combinations
    38  of  vehicles  issued  a  permit under this [subparagraph] clause for use
    39  within the counties of Westchester, Rockland, Nassau,  Suffolk,  Putnam,
    40  Orange and Dutchess must have at least seven axles and a wheelbase of at
    41  least forty-three feet.
    42    After  December  thirty-first,  two  thousand six, no permits shall be
    43  issued under this [subparagraph] clause for use within the  counties  of
    44  Westchester,  Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for
    45  a vehicle or combination of vehicles having less  than  seven  axles  or
    46  having  a  wheelbase  of  less than forty-three feet, provided, however,
    47  that permits may be issued for use within the counties  of  Westchester,
    48  Rockland,  Nassau,  Suffolk, Putnam, Orange and Dutchess for vehicles or
    49  combinations of vehicles where the permit  applicant  demonstrates  that
    50  the  applicant  acquired the vehicle or combination of vehicles prior to
    51  December thirty-first, two thousand six, and  that  if  the  vehicle  or
    52  combination  of  vehicles was acquired by the applicant after the effec-
    53  tive date of this provision, such vehicle or combination of vehicles  is
    54  less than fifteen years old. In instances where the application is for a
    55  combination  of vehicles, the applicant shall demonstrate that the power
    56  unit of such combination satisfies the conditions of this [subparagraph]

        A. 3008--B                          9
 
     1  clause.  In no event shall a permit be issued under this  [subparagraph]
     2  clause  for  use  within  the counties of Westchester, Rockland, Nassau,
     3  Suffolk, Putnam, Orange and Dutchess for a  vehicle  or  combination  of
     4  vehicles having less than seven axles or having a wheelbase of less than
     5  forty-three feet after December thirty-first, two thousand fourteen.
     6    Except  as  otherwise  provided  by  this  subparagraph for the period
     7  ending December thirty-first,  two  thousand  fourteen,  after  December
     8  thirty-first,  two  thousand three, any combination of vehicles issued a
     9  permit under this [subparagraph] clause for use within the  counties  of
    10  Westchester,  Rockland,  Nassau,  Suffolk,  Putnam,  Orange and Dutchess
    11  shall not exceed one hundred twenty thousand pounds, shall have at least
    12  seven axles, shall have a wheelbase of at least  forty-three  feet,  and
    13  single  axle  weight shall not exceed twenty-five thousand seven hundred
    14  fifty pounds, any tandem axle group weight shall not exceed  forty-eight
    15  thousand  pounds,  any  tridem axle group weight shall not exceed sixty-
    16  three thousand pounds and any four axle group shall  not  exceed  sixty-
    17  five thousand pounds.
    18    From  the  date  of  enactment  of this paragraph, permit applications
    19  under [subparagraphs] clauses (i), (ii), (ii-a), (iii),  (iv),  (v)  and
    20  (vi)  of  this  [paragraph] subparagraph for vehicles registered in this
    21  state may be honored by the  commissioner  of  transportation  or  other
    22  appropriate  authority.  The  commissioner  of  transportation and other
    23  appropriate authorities may confer and develop a  system  through  rules
    24  and regulations to assure compliance herewith.
    25    § 2. This act shall take effect immediately.
 
    26                                   PART C
 
    27                            Intentionally Omitted
 
    28                                   PART D
 
    29    Section 1. Intentionally omitted.
    30    §  2.  Subparagraphs  5  and  6  of  paragraph (b) of subdivision 4 of
    31  section 385 of the vehicle and traffic law, subparagraph 5 as amended by
    32  chapter 669 of the laws of 2005, and subparagraph 6 as amended by  chap-
    33  ter  26  of  the  laws  of 2002, are amended and a new subparagraph 7 is
    34  added to read as follows:
    35    5. A vehicle or combination of vehicles which is disabled  and  unable
    36  to  proceed under its own power and is being towed for a distance not in
    37  excess of ten miles for the purpose of repairs or removal from the high-
    38  way, except that the distance to the nearest exit of a controlled-access
    39  highway shall not be considered in determining such ten  mile  distance;
    40  [and]
    41    6.  Stinger-steered  automobile  transporters  or stinger-steered boat
    42  transporters, while operating on qualifying and access  highways.  [Such
    43  vehicles]  Stinger-steered  boat transporters shall not, however, exceed
    44  seventy-five feet exclusive of an overhang of not more than  three  feet
    45  on  the  front  and four feet on the rear of the vehicle[.] and stinger-
    46  steered automobile transporters shall not exceed eighty  feet  exclusive
    47  of  an  overhang of not more than four feet on the front and six feet on
    48  the rear of the vehicle; and
    49    7. A combination of vehicles operating on  any  qualifying  or  access
    50  highways  consisting  of  a  power unit and two trailers or semitrailers
    51  with a total weight that shall not  exceed  twenty-six  thousand  pounds
    52  when  the  overall  length is greater than sixty-five feet but shall not

        A. 3008--B                         10
 
     1  exceed eighty-two feet in which the trailers or  semitrailers  carry  no
     2  property  and constitute inventory property of a manufacturer, distribu-
     3  tor, or dealer of such trailers or semitrailers.
     4    §  3. Paragraph (c) of subdivision 4 of section 385 of the vehicle and
     5  traffic law, as amended by chapter 26 of the laws of 2002, is amended to
     6  read as follows:
     7    (c) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
     8  sion, an overhang of not more than three feet on the front and four feet
     9  on the rear of an automobile transporter or an overhang of not more than
    10  four  feet  on  the  front and six feet on the rear of a stinger-steered
    11  automobile transporter or an overhang of not more than three feet on the
    12  front and four feet on the rear of a boat transporter or stinger-steered
    13  boat transporter shall be permitted.
    14    § 4. Subdivision 10 of section 385 of the vehicle and traffic law,  as
    15  amended  by  chapter  1008  of  the  laws of 1983, is amended to read as
    16  follows:
    17    10. A single vehicle or a combination of vehicles having  three  axles
    18  or more and equipped with pneumatic tires, when loaded, may have a total
    19  weight  on all axles not to exceed thirty-four thousand pounds, plus one
    20  thousand pounds for each foot and  major  fraction  of  a  foot  of  the
    21  distance from the center of the foremost axle to the center of the rear-
    22  most  axle.  Axles to be counted as provided in subdivision five of this
    23  section. In no case, however, shall the total weight exceed eighty thou-
    24  sand pounds except for a vehicle if operated by an engine fueled  prima-
    25  rily  by  natural  gas  which  may  have a maximum gross weight of up to
    26  eighty-two thousand pounds. For any vehicle or combination  of  vehicles
    27  having  a  total gross weight less than seventy-one thousand pounds, the
    28  higher of the following shall apply:
    29    (a) the total weight on all axles shall not exceed  thirty-four  thou-
    30  sand pounds plus one thousand pounds for each foot and major fraction of
    31  a  foot  of  the  distance  from  the center of the foremost axle to the
    32  center of the rearmost axle, or
    33    (b) the overall gross weight on a group of  two  or  more  consecutive
    34  axles shall not exceed the weight produced by application of the follow-
    35  ing formula:
    36                       W = 500 ((LxN)/(N-1) + (12xN)+36)
    37  where  W equals overall gross weight on any group of two or more consec-
    38  utive axles to the nearest five hundred pounds,  L  equals  distance  in
    39  feet  from the center of the foremost axle to the center of the rearmost
    40  axle of any group of two or more consecutive axles, and N equals  number
    41  of  axles in group under consideration, except that two consecutive sets
    42  of tandem axles may carry a gross load of  thirty-four  thousand  pounds
    43  each  providing the overall distance between the first and last axles of
    44  such consecutive sets of tandem axles is thirty-six feet or more.
    45    For any vehicle or combination of vehicles having a total gross weight
    46  of seventy-one thousand pounds or greater, paragraph (b) shall apply  to
    47  determine maximum gross weight which is permitted hereunder.
    48    § 5. Section 385 of the vehicle and traffic law is amended by adding a
    49  new subdivision 24 to read as follows:
    50    24. The provisions of subdivisions six, seven, eight, nine, ten, elev-
    51  en  and  twelve of this section shall not apply to any tow truck that is
    52  transporting a disabled vehicle from the place where such vehicle became
    53  disabled to the nearest appropriate repair  facility  and  has  a  gross
    54  vehicle  weight  that is equal to or exceeds the gross vehicle weight of
    55  the disabled vehicle being transported.
    56    § 6. Intentionally omitted.

        A. 3008--B                         11
 
     1    § 7. This act shall take effect immediately.
 
     2                                   PART E
 
     3                            Intentionally Omitted
 
     4                                   PART F
 
     5                            Intentionally Omitted
 
     6                                   PART G
 
     7                            Intentionally Omitted
     8                                   PART H
 
     9    Section  1.  Section  491 of the vehicle and traffic law is amended by
    10  adding a new subdivision 3 to read as follows:
    11    3. Waiver of fee. The commissioner  may  waive  the  payment  of  fees
    12  required by subdivision two of this section if the applicant is a victim
    13  of  a crime and the identification card applied for is a replacement for
    14  one that was lost or destroyed as a result of the crime.
    15    § 2. This act shall take effect on the one hundred twentieth day after
    16  it shall have become a law.
 
    17                                   PART I
 
    18    Section 1. Paragraph (i) of subdivision 2 of section 503 of the  vehi-
    19  cle  and  traffic  law, as amended by chapter 55 of the laws of 1992, is
    20  amended to read as follows:
    21    (i) A non-resident whose driving privileges have been revoked pursuant
    22  to sections five hundred ten, eleven  hundred  ninety-three  and  eleven
    23  hundred  ninety-four  of  this chapter shall, upon application for rein-
    24  statement of such driving privileges, pay to the commissioner  of  motor
    25  vehicles  a fee of [twenty-five] one hundred dollars. When the basis for
    26  the revocation is a finding of driving  after  having  consumed  alcohol
    27  pursuant  to  the  provisions  of section eleven hundred ninety-two-a of
    28  this chapter, the fee to be  paid  to  the  commissioner  shall  be  one
    29  hundred dollars. Such fee is not refundable and shall not be returned to
    30  the applicant regardless of the action the commissioner may take on such
    31  person's application for reinstatement of such driving privileges.
    32    § 2. This act shall take effect on the one hundred twentieth day after
    33  it shall have become a law.
 
    34                                   PART J

    35    Section  1.  Paragraphs  1 and 3 of subdivision (a) of section 2125 of
    36  the vehicle and traffic law, as amended by section  1-b  of  part  A  of
    37  chapter 63 of the laws of 2005, are amended to read as follows:
    38    (1)  for  filing  an  application  for a certificate of title, [fifty]
    39  seventy-five dollars except where the application relates  to  a  mobile
    40  home  or  a  manufactured home as defined in section one hundred twenty-
    41  two-c of this chapter, in which case the fee shall be one hundred  twen-
    42  ty-five dollars;
    43    (3) for a duplicate certificate of title, [twenty] forty dollars.
    44    § 2.  Section 2125 of the vehicle and traffic law is amended by adding
    45  a new subdivision (h) to read as follows:

        A. 3008--B                         12

     1    (h)  Notwithstanding any other provision of law, the increase of twen-
     2  ty-five dollars for the fee assessed for filing  an  application  for  a
     3  certificate  of  title  and  the  increase of twenty dollars for the fee
     4  assessed for filing an application for a duplicate certificate of title,
     5  collected  pursuant  to  paragraphs  one and three of subdivision (a) of
     6  this section, shall be deposited to the credit of the dedicated  highway
     7  and  bridge trust fund, established pursuant to section eighty-nine-b of
     8  the state finance law.
     9    § 3.  This act shall take effect immediately; provided that the amend-
    10  ments to paragraph 1 of subdivision (a) of section 2125 of  the  vehicle
    11  and  traffic  law  made  by section one of this act shall not affect the
    12  expiration and reversion of such paragraph and shall be deemed to expire
    13  therewith.
 
    14                                   PART K
 
    15    Section 1. Subdivision 2 of section 491 of the vehicle and traffic law
    16  is amended by adding a new paragraph (f) to read as follows:
    17    (f) In addition to any other fee prescribed in this section, an  addi-
    18  tional fee of five dollars shall be charged for any non-driver identifi-
    19  cation  card,  or  renewal  or amendment of such card, that is issued in
    20  accordance with the REAL ID Act of 2005, Public Law  109-13,  and  regu-
    21  lations  promulgated  thereunder  at  6  CFR  Part 37. The fee collected
    22  pursuant to this paragraph shall be paid to the commissioner  and  shall
    23  be  deposited  to  the  credit of the dedicated highway and bridge trust
    24  fund established pursuant to section eighty-nine-b of the state  finance
    25  law.
    26    §  2.  Subdivision  2 of section 503 of the vehicle and traffic law is
    27  amended by adding a new paragraph (f-2) to read as follows:
    28    (f-2) In addition to any other fee  prescribed  in  this  section,  an
    29  additional  fee  of  five  dollars  shall be charged for any license, or
    30  renewal or amendment of such license, that is issued in accordance  with
    31  the  REAL ID Act of 2005, Public Law 109-13, and regulations promulgated
    32  thereunder at 6 CFR Part 37. The fee collected pursuant  to  this  para-
    33  graph  shall  be  paid to the commissioner and shall be deposited to the
    34  credit of the dedicated highway and bridge trust fund established pursu-
    35  ant to section eighty-nine-b of the state finance law.
    36    § 3. This act shall take effect immediately.
 
    37                                   PART L
 
    38                            Intentionally Omitted
 
    39                                   PART M
 
    40    Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
    41  of  the  laws  of 1968 constituting the New York state urban development
    42  corporation act, as amended by section 1 of part F of chapter 58 of  the
    43  laws of 2016, is amended to read as follows:
    44    3.  The  provisions  of this section shall expire, notwithstanding any
    45  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    46  the laws of 1996 or of any other law, on July 1, [2017] 2018.
    47    § 2. This act shall take effect immediately and  shall  be  deemed  to
    48  have been in full force and effect on and after July 1, 2017.
 
    49                                   PART N

        A. 3008--B                         13
 
     1    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
     2  New York state urban development corporation act, relating to the powers
     3  of the New York state urban development corporation to  make  loans,  as
     4  amended  by  section  1  of part G of chapter 58 of the laws of 2016, is
     5  amended to read as follows:
     6    §  2.  This  act shall take effect immediately provided, however, that
     7  section one of this act shall expire on July 1, [2017]  2018,  at  which
     8  time the provisions of subdivision 26 of section 5 of the New York state
     9  urban  development  corporation  act shall be deemed repealed; provided,
    10  however, that neither the expiration nor the repeal of such  subdivision
    11  as provided for herein shall be deemed to affect or impair in any manner
    12  any  loan  made  pursuant  to the authority of such subdivision prior to
    13  such expiration and repeal.
    14    § 2. This act shall take effect immediately and  shall  be  deemed  to
    15  have been in full force and effect on and after April 1, 2017.
 
    16                                   PART O
 
    17    Section  1. The opening paragraph of subdivision (h) of section 121 of
    18  chapter 261 of the laws of 1988, amending  the  state  finance  law  and
    19  other  laws relating to the New York state infrastructure trust fund, as
    20  amended by section 2 of part Q of chapter 58 of the  laws  of  2015,  is
    21  amended to read as follows:
    22    The  provisions  of  [section] sections sixty-two through sixty-six of
    23  this act shall expire on December thirty-first, two thousand [seventeen]
    24  nineteen, except that:
    25    § 2. This act shall take effect immediately.
 
    26                                   PART P
 
    27                            Intentionally Omitted
 
    28                                   PART Q
 
    29    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
    30  executive  law  relating to permitting the secretary of state to provide
    31  special handling for all documents filed or issued by  the  division  of
    32  corporations  and to permit additional levels of such expedited service,
    33  as amended by section 1 of part M of chapter 58 of the laws of 2016,  is
    34  amended to read as follows:
    35    §  2.  This  act shall take effect immediately, provided however, that
    36  section one of this act shall be deemed to have been in full  force  and
    37  effect  on  and  after  April 1, 2003 and shall expire March 31, [2017]
    38  2018.
    39    § 2. This act shall take effect immediately and  shall  be  deemed  to
    40  have been in full force and effect on and after March 31, 2017.
 
    41                                   PART R
 
    42                            Intentionally Omitted
 
    43                                   PART S
 
    44    Section 1. Subdivision 6 of section 441-a of the real property law, as
    45  amended  by  chapter  183  of  the  laws  of 2006, is amended to read as
    46  follows:

        A. 3008--B                         14
 
     1    6. Pocket card. The department shall prepare, issue and deliver,  with
     2  the  assistance  of the department of motor vehicles, [to each licensee]
     3  upon payment of a fee of five dollars by a licensee, a  pocket  card  in
     4  such  form and manner as the department shall prescribe, but which shall
     5  contain  the  photo,  name and business address of the licensee, and, in
     6  the case of a real estate salesman, the name and business address of the
     7  broker with whom he or she is associated  and  shall  certify  that  the
     8  person  whose  name  appears thereon is a licensed real estate broker or
     9  salesman, as may be. Such cards must be shown on demand. In the case  of
    10  loss, destruction or damage, the secretary of state may, upon submission
    11  of  satisfactory  proof, issue a duplicate pocket card upon payment of a
    12  fee of ten dollars.
    13    § 2. This act shall take effect immediately.
 
    14                                   PART T
 
    15    Section 1. Subdivision 2  of  section  54-1101  of  the  environmental
    16  conservation law, as amended by section 4 of part U of chapter 58 of the
    17  laws of 2016, is amended to read as follows:
    18    2.  State  assistance payments and/or technical assistance, as defined
    19  in section nine hundred seventeen of the executive law, shall not exceed
    20  fifty percent of the cost of the program provided, however, in  environ-
    21  mental  justice  communities,  such assistance payments and/or technical
    22  assistance shall not exceed seventy-five percent  of  the  cost  of  the
    23  program.   For the purpose of determining the amount of state assistance
    24  payments, costs shall not be more than  the  amount  set  forth  in  the
    25  application for state assistance payments approved by the secretary. The
    26  state  assistance  payments  shall  be  paid on audit and warrant of the
    27  state comptroller on a certificate of availability of  the  director  of
    28  the budget.
    29    § 2. Paragraph a of subdivision 1 of section 918 of the executive law,
    30  as  added  by  chapter  840  of  the laws of 1981, is amended to read as
    31  follows:
    32    a. To any local governments, or to two or more local governments,  for
    33  projects approved by the secretary which lead to preparation of a water-
    34  front  revitalization program; provided, however, that such grants shall
    35  not exceed fifty percent of the approved cost of such projects provided,
    36  however, in environmental justice communities, such assistance  payments
    37  and/or technical assistance shall not exceed seventy-five percent of the
    38  cost of the program;
    39    § 2-a. Subdivision 2 of section 54-0509 of the environmental conserva-
    40  tion law, as amended by section 8 of part L of chapter 59 of the laws of
    41  2005, is amended to read as follows:
    42    2.  An agreement by the commissioner to make state assistance payments
    43  toward the cost of the project by periodically reimbursing  the  munici-
    44  pality  for  costs  incurred  during  the progress of the project. For a
    45  municipal landfill closure project, which does not  include  a  landfill
    46  gas  management  system, such reimbursement shall be a maximum of either
    47  fifty percent of the cost, or ninety percent of the cost for  a  munici-
    48  pality  with a population smaller than thirty-five hundred as determined
    49  by the current federal decennial census, or two million dollars,  which-
    50  ever  is  less. For a landfill gas management system, which is part of a
    51  municipal landfill closure project, reimbursement shall be a maximum  of
    52  either  [fifty]  seventy-five  percent of the cost, or ninety percent of
    53  the cost for a municipality with a population smaller  than  thirty-five
    54  hundred  as  determined  by the current federal decennial census, or two

        A. 3008--B                         15
 
     1  million dollars, whichever is less. For a municipal landfill gas manage-
     2  ment project, reimbursement shall be a maximum of either [fifty]  seven-
     3  ty-five percent of the cost, or ninety percent of the cost for a munici-
     4  pality  with a population smaller than thirty-five hundred as determined
     5  by the current federal decennial census, or two million dollars,  which-
     6  ever  is less. Project costs are subject to final computation and deter-
     7  mination by the commissioner upon completion of the project,  and  shall
     8  not  exceed  the maximum cost set forth in the contract. For purposes of
     9  this subdivision, the approved project cost  shall  be  reduced  by  the
    10  amount  of any specific state assistance payments for municipal landfill
    11  closure or municipal landfill gas management project  purposes  received
    12  by the municipality from any source; provided, however, that non-specif-
    13  ic  state  assistance payments, such as amounts paid pursuant to section
    14  fifty-four of the state finance law, shall not be included in such  cost
    15  reduction.
    16    § 3. This act shall take effect immediately.
 
    17                                   PART U
 
    18    Section 1. Paragraph (e) of subdivision 1 of section 169 of the execu-
    19  tive law, as amended by section 9 of part A of chapter 60 of the laws of
    20  2012, is amended to read as follows:
    21    (e) [chairman of state athletic commission,] director of the office of
    22  victim  services, chairman of human rights appeal board, chairman of the
    23  industrial board  of  appeals,  chairman  of  the  state  commission  of
    24  correction, members of the board of parole, member-chairman of unemploy-
    25  ment  insurance  appeal  board, director of veterans' affairs, and vice-
    26  chairman of the workers' compensation board;
    27    § 2. This act shall take effect immediately.
 
    28                                   PART V
 
    29    Section 1. Intentionally Omitted
    30    § 2. Intentionally Omitted
    31    § 3. Intentionally Omitted
    32    § 4. Intentionally Omitted
    33    § 5. Notwithstanding any other law, rule or regulation to the  contra-
    34  ry,  expenses  of  the  department  of  health  public service education
    35  program incurred pursuant to appropriations from  the  cable  television
    36  account of the state miscellaneous special revenue funds shall be deemed
    37  expenses  of  the department of public service. No later than August 15,
    38  2018, the commissioner of the  department  of  health  shall  submit  an
    39  accounting  of  expenses in the 2017 -- 2018 fiscal year to the chair of
    40  the public service commission for the chair's  review  pursuant  to  the
    41  provisions of section 217 of the public service law.
    42    §  6.  This  act  shall take effect immediately and shall be deemed to
    43  have been in full force and effect on and after April 1, 2017.
 
    44                                   PART W
 
    45                            Intentionally Omitted
 
    46                                   PART X
 
    47                            Intentionally Omitted

        A. 3008--B                         16
 
     1                                   PART Y
 
     2    Section  1. Paragraph 1 of subsection (c) of section 109 of the insur-
     3  ance law, as amended by section 55 of part A of chapter 62 of  the  laws
     4  of 2011, is amended to read as follows:
     5    (1)  If  the  superintendent  finds  after notice and hearing that any
     6  authorized insurer, representative of the insurer,  [licensed  insurance
     7  agent,  licensed  insurance  broker,  licensed  adjuster,]  or any other
     8  [person or] entity licensed, certified, registered, or authorized pursu-
     9  ant to this chapter, has wilfully violated the provisions of this  chap-
    10  ter  or  any  regulation promulgated thereunder, then the superintendent
    11  may order the [person or] entity to pay to the people of  this  state  a
    12  penalty  in  a sum [not exceeding one thousand dollars for each offense]
    13  of either (A) five thousand dollars for each offense; (B) the  aggregate
    14  damages  proximately  caused  by the violation or violations; or (C) the
    15  aggregate profit made from the violation or violations.  If  the  super-
    16  intendent  finds  after  notice  and hearing that any licensed insurance
    17  agent, licensed insurance broker, licensed adjuster, or any other person
    18  licensed, certified, registered or authorized pursuant to  this  chapter
    19  has  willfully violated the provisions of this chapter or any regulation
    20  promulgated thereunder, then the superintendent may order the person  to
    21  pay  to  the  people  of this state a penalty in a sum not exceeding one
    22  thousand dollars for each offense.
    23    § 2. This act shall take effect immediately.
 
    24                                   PART Z
 
    25    Section 1. The banking law is amended by adding a new article 14-A  to
    26  read as follows:
    27                                ARTICLE XIV-A
    28                           STUDENT LOAN SERVICERS
    29  Section 710. Definitions.
    30          711. Licensing.
    31          712. Application for a student loan servicer license; fees.
    32          713. Application  process  to  receive  license to engage in the
    33                 business of student loan servicing.
    34          714. Changes in officers and directors.
    35          715. Changes in control.
    36          716. Grounds for suspension or revocation of license.
    37          717. Books and records; reports and electronic filing.
    38          718. Rules and regulations.
    39          719. Prohibited practices.
    40          720. Servicing student loans without a license.
    41          721. Responsibilities.
    42          722. Examinations.
    43          723. Penalties for violation of this article.
    44          724. Severability of provisions.
    45          725. Compliance with other laws.
    46    § 710. Definitions. 1. "Applicant" shall mean any person applying  for
    47  a license to be a student loan servicer.
    48    2. "Borrower" shall mean any resident of this state who has received a
    49  student  loan  or  agreed in writing to pay a student loan or any person
    50  who shares a legal obligation with such resident for repaying a  student
    51  loan.
    52    3. "Borrower benefit" shall mean an incentive offered to a borrower in
    53  connection  with  the  origination  of a student loan, including but not

        A. 3008--B                         17
 
     1  limited to an interest rate reduction, principal rebate, fee  waiver  or
     2  rebate, loan cancellation, or cosigner release.
     3    4.  "Exempt organization" shall mean any banking organization, foreign
     4  banking corporation, national bank, federal savings association, federal
     5  credit union, or any bank, trust company, savings bank, savings and loan
     6  association, or credit union organized  under  the  laws  of  any  other
     7  state.
     8    5.  "Person"  shall  mean  any  individual,  association, corporation,
     9  limited liability company, partnership, trust, unincorporated  organiza-
    10  tion, or any other entity.
    11    6.  "Servicer" or "student loan servicer" shall mean a person licensed
    12  pursuant to section seven hundred eleven of this article  to  engage  in
    13  the business of servicing any student loan of a borrower.
    14    7. "Servicing" shall mean:
    15    (a) receiving any payment from a borrower pursuant to the terms of any
    16  student loan;
    17    (b) applying any payment to a borrower's account pursuant to the terms
    18  of  a  student  loan or the contract governing the servicing of any such
    19  loan;
    20    (c) providing any notification of amounts owed on a student loan by or
    21  on account of any borrower;
    22    (d) during a period when a borrower is not required to make a  payment
    23  on  a student loan, maintaining account records for the student loan and
    24  communicating with the borrower regarding the student loan on behalf  of
    25  the owner of the student loan promissory note;
    26    (e)  interacting  with  a  borrower  with  respect to or regarding any
    27  attempt to avoid default on the borrower's student loan, or facilitating
    28  the activities described in paragraph (a) or (b) of this subdivision; or
    29    (f) performing other administrative services with respect to a borrow-
    30  er's student loan.
    31    8. "Student loan" shall mean any loan to a borrower to finance postse-
    32  condary education or expenses related to postsecondary education.
    33    § 711. Licensing. 1. No person shall engage in the business of servic-
    34  ing student loans owed by one or more borrowers residing in  this  state
    35  without  first  being  licensed  by the superintendent as a student loan
    36  servicer in accordance with this article and such regulations as may  be
    37  prescribed by the superintendent.
    38    2. The licensing provisions of this subdivision shall not apply to any
    39  exempt organization; provided that such exempt organization notifies the
    40  superintendent  that the exempt organization is acting as a student loan
    41  servicer in this state and complies with sections seven hundred nineteen
    42  and seven hundred twenty-one of this article and any regulation applica-
    43  ble to student loan servicers promulgated by the superintendent.
    44    § 712. Application for a student loan servicer license; fees. 1.   The
    45  application  for  a  license  to  be a student loan servicer shall be in
    46  writing, under oath, and in the form prescribed by  the  superintendent.
    47  Notwithstanding  article  three of the state technology law or any other
    48  law to the contrary, the superintendent may require that an  application
    49  for a license or any other submission or application for approval as may
    50  be  required  by this article be made or executed by electronic means if
    51  he or she deems it necessary  to  ensure  the  efficient  and  effective
    52  administration   of  this  article.  The  application  shall  include  a
    53  description of the activities of the applicant, in such detail  and  for
    54  such periods as the superintendent may require, including:

        A. 3008--B                         18
 
     1    (a)  an  affirmation  of financial solvency noting such capitalization
     2  requirements as may be required by the  superintendent,  and  access  to
     3  such credit as may be required by the superintendent;
     4    (b)  a  financial statement prepared by a certified public accountant,
     5  the accuracy of which is sworn to under oath before a notary  public  by
     6  an officer or other representative of the applicant who is authorized to
     7  execute such documents;
     8    (c) an affirmation that the applicant, or its members, officers, part-
     9  ners, directors and principals as may be appropriate, are at least twen-
    10  ty-one years of age;
    11    (d)  information  as to the character, fitness, financial and business
    12  responsibility, background and experiences  of  the  applicant,  or  its
    13  members,  officers,  partners, directors and principals as may be appro-
    14  priate;
    15    (e) any additional detail or information required by  the  superinten-
    16  dent.
    17    2. An application to become a student loan servicer or any application
    18  with respect to a student loan servicer shall be accompanied by a fee as
    19  prescribed pursuant to section eighteen-a of this chapter.
    20    §  713.  Application process to receive license to engage in the busi-
    21  ness of student loan servicing. 1. Upon the filing of an application for
    22  a license, if the superintendent shall find that the financial responsi-
    23  bility, experience, character, and general fitness of the applicant and,
    24  if applicable, the members, officers, partners, directors and principals
    25  of the applicant are such as to command the confidence of the  community
    26  and to warrant belief that the business will be operated honestly, fair-
    27  ly,  and efficiently within the purpose of this article, the superinten-
    28  dent shall thereupon issue a license in duplicate to engage in the busi-
    29  ness of servicing student loans described in section seven  hundred  ten
    30  of  this  article  in accordance with the provisions of this article. If
    31  the superintendent shall not so find, the superintendent shall not issue
    32  a license, and the superintendent shall so  notify  the  applicant.  The
    33  superintendent shall transmit one copy of a license to the applicant and
    34  file another copy in the office of the department of financial services.
    35  Upon  receipt  of such license, a student loan servicer shall be author-
    36  ized to engage in the business of servicing student loans in  accordance
    37  with  the  provisions of this article. Such license shall remain in full
    38  force and effect until it is surrendered by the servicer or  revoked  or
    39  suspended as hereinafter provided.
    40    2.  The  superintendent may refuse to issue a license pursuant to this
    41  article if he or she shall find that the applicant, or any person who is
    42  a director, officer, partner, agent,  employee,  member  or  substantial
    43  stockholder of the applicant:
    44    (a)  lacks  the  good  moral  character and general fitness such as to
    45  warrant belief that the licensed  entity  would  be  operated  honestly,
    46  fairly and efficiently within the purposes of this article;
    47    (b) has had a license or registration revoked by the superintendent or
    48  any other regulator or jurisdiction;
    49    (c)  has  been  an  officer,  director, partner, member or substantial
    50  stockholder of an entity which has had a license or registration revoked
    51  by the superintendent or any other regulator or jurisdiction; or
    52    (d) has been an agent, employee, officer, director, partner or  member
    53  of  an  entity  which  has  had a license or registration revoked by the
    54  superintendent where such person shall have been  found  by  the  super-
    55  intendent to bear responsibility in connection with the revocation.

        A. 3008--B                         19
 
     1    3.  The  term  "substantial stockholder", as used in this subdivision,
     2  shall be deemed to refer to a person owning or controlling  directly  or
     3  indirectly  ten  per  centum or more of the total outstanding stock of a
     4  corporation.
     5    §  714.  Changes  in officers and directors. Upon any change of any of
     6  the executive officers, directors, partners or members  of  any  student
     7  loan servicer, the student loan servicer shall submit to the superinten-
     8  dent  the  name,  address, and occupation of each new officer, director,
     9  partner or member, and provide such other information as the superinten-
    10  dent may require.
    11    § 715. Changes in control. 1. It shall be unlawful,  except  with  the
    12  prior  approval  of the superintendent, for any action to be taken which
    13  results in a change of control of the business of a student loan  servi-
    14  cer.  Prior  to  any change of control, the person desirous of acquiring
    15  control of the business of a student loan servicer  shall  make  written
    16  application  to  the  superintendent  and  pay  an  investigation fee as
    17  prescribed pursuant to section eighteen-a of this chapter to the  super-
    18  intendent.  The application shall contain such information as the super-
    19  intendent, by rule or regulation, may prescribe as necessary  or  appro-
    20  priate   for  the  purpose  of  making  the  determination  required  by
    21  subdivision two of this section. Such information shall include, but not
    22  be limited to, the information and other material required for a student
    23  loan servicer by subdivision one of section seven hundred twelve of this
    24  article.
    25    2. The superintendent shall approve or disapprove the proposed  change
    26  of  control of a student loan servicer in accordance with the provisions
    27  of section seven hundred thirteen of this article.
    28    3. For a period of six months from the date of  qualification  thereof
    29  and  for  such  additional  period  of  time  as  the superintendent may
    30  prescribe, in writing, the provisions of subdivisions  one  and  two  of
    31  this  section  shall  not apply to a transfer of control by operation of
    32  law to the legal representative, as hereinafter defined, of one who  has
    33  control  of  a  student  loan servicer. Thereafter, such legal represen-
    34  tative shall comply with the provisions of subdivisions one and  two  of
    35  this section. The provisions of subdivisions one and two of this section
    36  shall be applicable to an application made under this section by a legal
    37  representative.  The  term  "legal  representative", for the purposes of
    38  this subdivision, shall mean a person  duly  appointed  by  a  court  of
    39  competent  jurisdiction  to  act  as  executor,  administrator, trustee,
    40  committee, conservator or receiver, including a person  who  succeeds  a
    41  legal representative and a person acting in an ancillary capacity there-
    42  to in accordance with the provisions of such court appointment.
    43    4.  As  used  in this section the term "control" means the possession,
    44  directly or indirectly, of the power to direct or cause the direction of
    45  the management and policies of a student loan servicer, whether  through
    46  the  ownership of voting stock of such student loan servicer, the owner-
    47  ship of voting stock of any person which possesses such power or  other-
    48  wise.  Control  shall  be  presumed  to exist if any person, directly or
    49  indirectly, owns, controls or holds with power to vote ten per centum or
    50  more of the voting stock of any student loan servicer or of  any  person
    51  which  owns, controls or holds with power to vote ten per centum or more
    52  of the voting stock of any student loan servicer, but no person shall be
    53  deemed to control a student loan servicer solely by reason of  being  an
    54  officer  or  director  of such student loan servicer. The superintendent
    55  may in his discretion, upon the application of a student  loan  servicer
    56  or  any person who, directly or indirectly, owns, controls or holds with

        A. 3008--B                         20
 
     1  power to vote or seeks to own, control or hold with power  to  vote  any
     2  voting stock of such student loan servicer, determine whether or not the
     3  ownership,  control or holding of such voting stock constitutes or would
     4  constitute  control  of  such student loan servicer for purposes of this
     5  section.
     6    § 716. Grounds for suspension or revocation of license. 1. The  super-
     7  intendent  may revoke any license to engage in the business of a student
     8  loan servicer issued pursuant to this article  if  a  determination  has
     9  been made, after notice and a hearing, that:
    10    (a) a servicer has violated any provision of this article, any rule or
    11  regulation  promulgated  by  the  superintendent  under  and  within the
    12  authority of this article, or any other applicable law;
    13    (b) a servicer engages in  fraud,  intentional  misrepresentation,  or
    14  gross negligence in servicing a student loan;
    15    (c)  the  competence, experience, character, or general fitness of the
    16  servicer, an individual controlling, directly or indirectly, ten percent
    17  or more of the outstanding interests,  or  any  person  responsible  for
    18  servicing  a  student  loan for the servicer indicates that it is not in
    19  the public interest to permit the servicer to continue servicing student
    20  loans;
    21    (d) the servicer is insolvent, suspends payment of its obligations, or
    22  makes a general assignment for the benefit of its creditors; or
    23    (e) the servicer has violated the laws of this state, any other  state
    24  law  or  any federal law involving fraudulent or dishonest dealing, or a
    25  final judgment has been entered against a student  loan  servicer  in  a
    26  civil action upon grounds of fraud, misrepresentation of deceit.
    27    2.  The  superintendent  may, on good cause shown, or where there is a
    28  substantial risk of public harm, suspend any license for  a  period  not
    29  exceeding  thirty  days, pending investigation. "Good cause", as used in
    30  this subdivision, shall exist when a student loan servicer has defaulted
    31  in performing its financial engagements or engages in dishonest or ineq-
    32  uitable practices which  may  cause  substantial  harm  to  the  persons
    33  afforded the protection of this article.
    34    3.  No license shall be revoked or suspended except after notice and a
    35  hearing thereon. Any order of suspension issued after notice and a hear-
    36  ing may include as a condition of reinstatement that  the  student  loan
    37  servicer  make  restitution  to consumers of fees or other charges which
    38  have been improperly charged or collected, including but not limited  to
    39  by allocating payments contrary to a borrower's direction or in a manner
    40  that fails to help a borrower avoid default, as determined by the super-
    41  intendent.  Any  hearing held pursuant to the provisions of this section
    42  shall be noticed, conducted and  administered  in  compliance  with  the
    43  state administrative procedure act.
    44    4.  Any  student loan servicer may surrender any license by delivering
    45  to the superintendent written notice  that  the  student  loan  servicer
    46  thereby surrenders such license, but such surrender shall not affect the
    47  servicer's  civil  or criminal liability for acts committed prior to the
    48  surrender. If such surrender is made after the issuance  by  the  super-
    49  intendent  of  a  statement of charges and notice of hearing, the super-
    50  intendent may proceed against the servicer as if the surrender  had  not
    51  taken place.
    52    5. No revocation, suspension, or surrender of any license shall impair
    53  or affect the obligation of any pre-existing lawful contract between the
    54  student loan servicer and any person, including the department of finan-
    55  cial services.

        A. 3008--B                         21
 
     1    6.  Every license issued pursuant to this article shall remain in full
     2  force and effect until the same shall have been surrendered, revoked  or
     3  suspended in accordance with any other provisions of this article.
     4    7.  Whenever  the  superintendent  shall  revoke  or suspend a license
     5  issued pursuant to this article, he or she shall  forthwith  execute  in
     6  duplicate  a written order to that effect. The superintendent shall file
     7  one copy of the order in the  office  of  the  department  of  financial
     8  services  and shall forthwith serve the other copy upon the student loan
     9  servicer. Any such order may be reviewed in the manner provided by arti-
    10  cle seventy-eight of the civil practice law and rules.
    11    § 717. Books and records;  reports  and  electronic  filing.  1.  Each
    12  student  loan servicer and exempt organization shall keep and use in its
    13  business such books, accounts and records as will enable the superinten-
    14  dent to determine whether the servicer or exempt organization is comply-
    15  ing with the provisions of this article and with  the  rules  and  regu-
    16  lations  lawfully  made by the superintendent. Every servicer and exempt
    17  organization shall preserve such books, accounts, and  records,  for  at
    18  least three years.
    19    2.  (a) Each student loan servicer shall annually, on or before a date
    20  to be determined by the superintendent, file a report  with  the  super-
    21  intendent  giving  such  information  as  the superintendent may require
    22  concerning the business and operations  during  the  preceding  calendar
    23  year of such servicer under authority of this article. Such report shall
    24  be  subscribed  and affirmed as true by the servicer under the penalties
    25  of perjury and shall be in the form prescribed by the superintendent.
    26    (b) In addition to annual reports, the superintendent may require such
    27  additional regular or special reports as he or she may deem necessary to
    28  the proper supervision of student loan  servicers  under  this  article.
    29  Such  additional reports shall be subscribed and affirmed as true by the
    30  servicer under the penalties  of  perjury  and  shall  be  in  the  form
    31  prescribed by the superintendent.
    32    3.  Notwithstanding  article  three of the state technology law or any
    33  other law to the contrary,  the  superintendent  may  require  that  any
    34  submission  or approval as may be required by the superintendent be made
    35  or executed by electronic means if he  or  she  deems  it  necessary  to
    36  ensure the efficient administration of this article.
    37    §  718.  Rules  and  regulations. 1. In addition to such powers as may
    38  otherwise be prescribed by this chapter, the  superintendent  is  hereby
    39  authorized and empowered to promulgate such rules and regulations as may
    40  in the judgment of the superintendent be consistent with the purposes of
    41  this  article,  or  appropriate for the effective administration of this
    42  article, including, but not limited to:
    43    (a) Such rules and regulations in connection with  the  activities  of
    44  student  loan servicers and exempt organizations as may be necessary and
    45  appropriate for the protection of borrowers in this state;
    46    (b) Such rules and regulations as may be necessary and appropriate  to
    47  define unfair, deceptive or abusive acts or practices in connection with
    48  the  activities  of  student  loan servicers and exempt organizations in
    49  servicing student loans;
    50    (c) Such rules and regulations as may define the terms  used  in  this
    51  article  and as may be necessary and appropriate to interpret and imple-
    52  ment the provisions of this article; and
    53    (d) Such rules and regulations as may be necessary for the enforcement
    54  of this article.

        A. 3008--B                         22
 
     1    2. The superintendent is hereby authorized and empowered to make  such
     2  specific  rulings,  demands  and findings as the superintendent may deem
     3  necessary for the proper conduct of the student loan servicing industry.
     4    § 719. Prohibited practices. No student loan servicer shall:
     5    1.  Directly  employ  any  scheme,  device  or  artifice to defraud or
     6  mislead a borrower.
     7    2. Intentionally engage in any unfair, deceptive or predatory  act  or
     8  practice toward any person or misrepresent or omit any material informa-
     9  tion  in connection with the servicing of a student loan, including, but
    10  not limited to, misrepresenting the amount, nature or terms of  any  fee
    11  or  payment  due  or  claimed to be due on a student loan, the terms and
    12  conditions of the loan agreement or the borrower's obligations under the
    13  loan.
    14    3. Intentionally misapply payments to the outstanding balance  of  any
    15  student loan or to any related interest or fees.
    16    4.  Intentionally provide misleading information to a consumer report-
    17  ing agency.
    18    5. Refuse to communicate with  an  authorized  representative  of  the
    19  borrower  who  provides  a written authorization signed by the borrower,
    20  provided that the servicer may adopt procedures  reasonably  related  to
    21  verifying that the representative is in fact authorized to act on behalf
    22  of the borrower.
    23    6.  Knowingly make any false statement or make any omission of a mate-
    24  rial fact in connection with any information or  reports  filed  with  a
    25  governmental agency or in connection with any investigation conducted by
    26  the superintendent or another governmental agency.
    27    §  720. Servicing student loans without a license. 1. Whenever, in the
    28  opinion of the superintendent, a person is engaged in  the  business  of
    29  servicing  student loans, either actually or through subterfuge, without
    30  a license from the superintendent, the  superintendent  may  order  that
    31  person  to desist and refrain from engaging in the business of servicing
    32  student loans in the state. If, within thirty days  after  an  order  is
    33  served,  a  request for a hearing is filed in writing and the hearing is
    34  not held within sixty days of the filing, the order shall be rescinded.
    35    2. This section shall not apply to exempt organizations.
    36    § 721. Responsibilities. 1.  If  a  student  loan  servicer  regularly
    37  reports  information  to a consumer reporting agency, the servicer shall
    38  accurately report a borrower's  payment  performance  to  at  least  one
    39  consumer reporting agency that compiles and maintains files on consumers
    40  on  a  nationwide basis as defined in Section 603(p) of the federal Fair
    41  Credit Reporting Act (15 U.S.C. Sec. 1681a(p)),  upon  acceptance  as  a
    42  data furnisher by that consumer reporting agency.
    43    2. (a) Except as provided in federal law or required by a student loan
    44  agreement,  a  student  loan servicer shall inquire of a borrower how to
    45  apply a borrower's nonconforming payment. A borrower's direction on  how
    46  to  apply  a nonconforming payment shall remain in effect for any future
    47  nonconforming payment during the  term  of  a  student  loan  until  the
    48  borrower provides different directions.
    49    (b)  For  purposes  of this subdivision, "nonconforming payment" shall
    50  mean a payment that is either more or less than the borrower's  required
    51  student loan payment.
    52    3.  (a) If the sale, assignment, or other transfer of the servicing of
    53  a student loan results in a change in the identity of the person to whom
    54  the borrower is required to  send  subsequent  payments  or  direct  any
    55  communications  concerning  the  student  loan,  a student loan servicer
    56  shall transfer  all  information  regarding  a  borrower,  a  borrower's

        A. 3008--B                         23
 
     1  account, and a borrower's student loan, including but not limited to the
     2  borrower's  repayment  status  and any borrower benefits associated with
     3  the borrower's student loan, to the new student loan servicer  servicing
     4  the borrower's student loan within forty-five days.
     5    (b)  A  student  loan  servicer shall adopt policies and procedures to
     6  verify that it has received all  information  regarding  a  borrower,  a
     7  borrower's  account,  and  a  borrower's student loan, including but not
     8  limited to the borrower's repayment status  and  any  borrower  benefits
     9  associated  with  the borrower's student loan, when the servicer obtains
    10  the right to service a student loan.
    11    4. If a student loan servicer sells, assigns, or  otherwise  transfers
    12  the  servicing of a student loan to a new servicer, the sale, assignment
    13  or other transfer shall be completed at  least  seven  days  before  the
    14  borrower's next payment is due.
    15    5.  (a)  A  student  loan  servicer  that sells, assigns, or otherwise
    16  transfers the servicing of a student loan shall require as  a  condition
    17  of  such  sale,  assignment  or other transfer that the new student loan
    18  servicer shall honor all borrower  benefits  originally  represented  as
    19  being  available  to a borrower during the repayment of the student loan
    20  and the possibility of such benefits, including any benefits  that  were
    21  represented  as  being  available but for which the borrower had not yet
    22  qualified.
    23    (b) A student loan servicer  that  obtains  the  right  to  service  a
    24  student loan shall honor all borrower benefits originally represented as
    25  being  available  to a borrower during the repayment of the student loan
    26  and the possibility of such benefits, including any benefits  that  were
    27  represented  as  being  available but for which the borrower had not yet
    28  qualified.
    29    6. A student loan servicer shall  respond  within  thirty  days  after
    30  receipt  to a written inquiry from a borrower or a borrower's authorized
    31  representative.
    32    7. A student loan servicer shall preserve records of each student loan
    33  and all communications with  borrowers  for  not  less  than  two  years
    34  following the final payment on a student loan or the sale, assignment or
    35  other  transfer  of  the  servicing  of a student loan, whichever occurs
    36  first, or such longer period as may be required by any  other  provision
    37  of law.
    38    §  722.  Examinations.  1.  The superintendent may at any time, and as
    39  often as he or she may determine, either personally or by a person  duly
    40  designated  by  the superintendent, investigate the business and examine
    41  the books, accounts, records, and files used therein  of  every  student
    42  loan  servicer.  For that purpose the superintendent and his or her duly
    43  designated representative shall have free  access  to  the  offices  and
    44  places  of  business, books, accounts, papers, records, files, safes and
    45  vaults of all student loan servicers. The superintendent and any  person
    46  duly  designated  by  him or her shall have the authority to require the
    47  attendance of and to examine under oath all persons whose  testimony  he
    48  or she may require relative to such business.
    49    2.  No  person  subject  to  investigation  or  examination under this
    50  section may knowingly withhold, abstract, remove, mutilate,  destroy  or
    51  secrete any books, records, computer records or other information.
    52    3.  The  expenses  incurred in making any examination pursuant to this
    53  section shall be assessed against and paid by the student loan  servicer
    54  so  examined, except that traveling and subsistence expenses so incurred
    55  shall be charged against and paid by servicers in  such  proportions  as
    56  the  superintendent  shall  deem  just  and reasonable, and such propor-

        A. 3008--B                         24
 
     1  tionate charges shall be added to the assessment of the  other  expenses
     2  incurred  upon  each examination. Upon written notice by the superinten-
     3  dent of the total amount of such assessment, the servicer  shall  become
     4  liable for and shall pay such assessment to the superintendent.
     5    4. In any hearing in which a department employee acting under authori-
     6  ty  of  this  chapter  is  available for cross-examination, any official
     7  written report, worksheet, other related papers, or duly certified  copy
     8  thereof,  compiled, prepared, drafted, or otherwise made by such depart-
     9  ment employee, after being duly authenticated by the  employee,  may  be
    10  admitted  as  competent evidence upon the oath of the employee that such
    11  worksheet,  investigative  report,  or  other  related  documents   were
    12  prepared  as  a  result  of an examination of the books and records of a
    13  servicer or other person, conducted pursuant to the  authority  of  this
    14  chapter.
    15    5.  Unless  otherwise  exempt  pursuant  to subdivision two of section
    16  seven hundred eleven of this  article,  affiliates  of  a  student  loan
    17  servicer  shall  be  subject to examination by the superintendent on the
    18  same terms as the servicer, but only when reports from,  or  examination
    19  of, a servicer provides evidence of unlawful activity between a servicer
    20  and  affiliate  benefitting,  affecting,  or arising from the activities
    21  regulated by this article.
    22    § 723. Penalties for violation of this article. 1. In addition to such
    23  penalties as may otherwise be applicable by law, the superintendent may,
    24  after notice  and  hearing,  require  any  person  found  violating  the
    25  provisions of this article or the rules or regulations promulgated here-
    26  under to pay to the people of this state a penalty for each violation of
    27  the  article or any regulation or policy promulgated hereunder a sum not
    28  to exceed an amount as determined pursuant to section forty-four of this
    29  chapter for each such violation.
    30    2. Nothing in this article shall limit  any  statutory  or  common-law
    31  right of any person to bring any action in any court for any act, or the
    32  right of the state to punish any person for any violation of any law.
    33    §  724.  Severability of provisions. If any provision of this article,
    34  or the application of such provision  to  any  person  or  circumstance,
    35  shall  be  held  invalid, illegal or unenforceable, the remainder of the
    36  article, and the application of such provision  to  persons  or  circum-
    37  stances  other  than  those  as  to which it is held invalid, illegal or
    38  unenforceable, shall not be affected thereby.
    39    § 725. Compliance with other laws. 1.  Student  loan  servicers  shall
    40  engage in the business of servicing student loans in conformity with the
    41  provisions of this chapter, such rules and regulations as may be promul-
    42  gated  by  the superintendent thereunder and all applicable federal laws
    43  and the rules and regulations promulgated thereunder.
    44    2. Nothing in this section shall be construed to limit  any  otherwise
    45  applicable state or federal law or regulations.
    46    §  2.  Subdivision  10 of section 36 of the banking law, as amended by
    47  chapter 182 of the laws of 2011, is amended to read as follows:
    48    10. All reports of examinations and investigations, correspondence and
    49  memoranda concerning or arising out of  such  examination  and  investi-
    50  gations,  including any duly authenticated copy or copies thereof in the
    51  possession of any banking organization,  bank  holding  company  or  any
    52  subsidiary  thereof  (as  such terms "bank holding company" and "subsid-
    53  iary" are defined in article three-A of this chapter),  any  corporation
    54  or  any  other  entity affiliated with a banking organization within the
    55  meaning of subdivision six of this section and any  non-banking  subsid-
    56  iary  of  a  corporation  or any other entity which is an affiliate of a

        A. 3008--B                         25
 
     1  banking organization within the meaning of  subdivision  six-a  of  this
     2  section,  foreign  banking corporation, licensed lender, licensed casher
     3  of  checks,  licensed  mortgage  banker,  registered  mortgage   broker,
     4  licensed  mortgage  loan  originator,  licensed  sales  finance company,
     5  registered mortgage  loan  servicer,  licensed  student  loan  servicer,
     6  licensed  insurance  premium  finance  agency,  licensed  transmitter of
     7  money, licensed budget planner, any other person or  entity  subject  to
     8  supervision under this chapter, or the department, shall be confidential
     9  communications,  shall  not be subject to subpoena and shall not be made
    10  public unless, in the  judgment  of  the  superintendent,  the  ends  of
    11  justice  and  the  public advantage will be subserved by the publication
    12  thereof, in which event the superintendent may publish or authorize  the
    13  publication  of  a  copy  of any such report or any part thereof in such
    14  manner as may be deemed proper or unless such laws specifically  author-
    15  ize  such  disclosure. For the purposes of this subdivision, "reports of
    16  examinations and investigations, and any  correspondence  and  memoranda
    17  concerning  or  arising  out  of  such examinations and investigations",
    18  includes any such materials of a bank, insurance or securities regulato-
    19  ry agency or any unit of the federal government or that  of  this  state
    20  any  other  state or that of any foreign government which are considered
    21  confidential by such agency or unit and which are in the  possession  of
    22  the  department  or which are otherwise confidential materials that have
    23  been shared by the department with any such agency or unit  and  are  in
    24  the possession of such agency or unit.
    25    §  3.  Subdivisions  1,  2,  3 and 5 of section 39 of the banking law,
    26  subdivisions 1, 2 and 5 as amended by chapter 123 of the  laws  of  2009
    27  and  subdivision  3  as  amended by chapter 155 of the laws of 2012, are
    28  amended to read as follows:
    29    1. To appear and explain an  apparent  violation.  Whenever  it  shall
    30  appear to the superintendent that any banking organization, bank holding
    31  company,  registered mortgage broker, licensed mortgage banker, licensed
    32  student loan servicer, registered mortgage loan servicer, licensed mort-
    33  gage loan  originator,  licensed  lender,  licensed  casher  of  checks,
    34  licensed sales finance company, licensed insurance premium finance agen-
    35  cy, licensed transmitter of money, licensed budget planner, out-of-state
    36  state  bank  that  maintains  a  branch or branches or representative or
    37  other offices in this state, or foreign banking corporation licensed  by
    38  the superintendent to do business or maintain a representative office in
    39  this  state has violated any law or regulation, he or she may, in his or
    40  her discretion, issue an order describing such  apparent  violation  and
    41  requiring  such  banking  organization, bank holding company, registered
    42  mortgage broker, licensed mortgage banker, licensed student loan  servi-
    43  cer, licensed mortgage loan originator, licensed lender, licensed casher
    44  of  checks,  licensed  sales finance company, licensed insurance premium
    45  finance agency, licensed transmitter of money, licensed budget  planner,
    46  out-of-state state bank that maintains a branch or branches or represen-
    47  tative or other offices in this state, or foreign banking corporation to
    48  appear  before  him  or her, at a time and place fixed in said order, to
    49  present an explanation of such apparent violation.
    50    2. To discontinue unauthorized or unsafe and unsound practices.  When-
    51  ever  it  shall  appear to the superintendent that any banking organiza-
    52  tion, bank holding company, registered mortgage broker,  licensed  mort-
    53  gage  banker,  licensed  student loan servicer, registered mortgage loan
    54  servicer, licensed mortgage loan originator, licensed  lender,  licensed
    55  casher  of  checks,  licensed  sales finance company, licensed insurance
    56  premium finance agency, licensed transmitter of money,  licensed  budget

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

        A. 3008--B                         27
 
     1  books  or accounts as he or she may, in his or her discretion, determine
     2  and prescribe for the purpose of keeping accurate and convenient records
     3  of its transactions and accounts.
     4    §  4. Paragraph (a) of subdivision 1 of section 44 of the banking law,
     5  as amended by chapter 155 of the laws of 2012, is  amended  to  read  as
     6  follows:
     7    (a) Without limiting any power granted to the superintendent under any
     8  other provision of this chapter, the superintendent may, in a proceeding
     9  after  notice  and a hearing, require any safe deposit company, licensed
    10  lender, licensed casher  of  checks,  licensed  sales  finance  company,
    11  licensed  insurance  premium  finance  agency,  licensed  transmitter of
    12  money, licensed mortgage banker, licensed student loan servicer,  regis-
    13  tered  mortgage  broker,  licensed  mortgage loan originator, registered
    14  mortgage loan servicer or licensed budget planner to pay to  the  people
    15  of  this  state  a  penalty for any violation of this chapter, any regu-
    16  lation promulgated thereunder,  any  final  or  temporary  order  issued
    17  pursuant  to  section thirty-nine of this article, any condition imposed
    18  in writing by the superintendent in connection with  the  grant  of  any
    19  application  or  request, or any written agreement entered into with the
    20  superintendent.
    21    § 5. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law.

    23                                   PART AA
 
    24                            Intentionally Omitted
 
    25                                   PART BB
 
    26                            Intentionally Omitted
 
    27                                   PART CC
 
    28                            Intentionally Omitted
 
    29                                   PART DD
 
    30    Section 1. The state finance law is amended by adding  a  new  section
    31  89-i to read as follows:
    32    §  89-i.  Paid  family leave risk adjustment fund.  1. There is hereby
    33  established in the sole  custody  of  the  superintendent  of  financial
    34  services  a  special  fund,  to  be known as the "paid family leave risk
    35  adjustment fund".
    36    2. Such fund shall consist of money  received  by  the  superintendent
    37  from  insurance  carriers as payments into any risk adjustment mechanism
    38  established by regulation in accordance with paragraph two of subsection
    39  (n) of section four thousand two hundred thirty-five  of  the  insurance
    40  law.
    41    3.  All moneys retained in such fund shall be held on behalf of insur-
    42  ance carriers and paid out by the superintendent to  insurance  carriers
    43  pursuant  to  the risk adjustment mechanism established by regulation in
    44  accordance with paragraph two of subsection (n) of section four thousand
    45  two hundred thirty-five of the insurance law.
    46    4. The funds so received and deposited in such  risk  adjustment  fund
    47  shall not be deemed to be state funds.
    48    § 2. This act shall take effect immediately.

        A. 3008--B                         28
 
     1                                   PART EE
 
     2                            Intentionally Omitted
 
     3                                   PART FF
 
     4    Section  1. The opening paragraph of paragraph (a) of subdivision 6 of
     5  section 1304 of the  real  property  actions  and  proceedings  law,  as
     6  amended  by  section  6  of part Q of chapter 73 of the laws of 2016, is
     7  amended to read as follows:
     8    "Home loan" means a loan, including an open-end  credit  plan,  [other
     9  than a reverse mortgage transaction,] in which:
    10    §  2.  The  opening paragraph and subparagraph (i) of paragraph (b) of
    11  subdivision  6  of  section  1304  of  the  real  property  actions  and
    12  proceedings  law, as amended by section 7 of part Q of chapter 73 of the
    13  laws of 2016, is amended to read as follows:
    14    "Home loan" means a home loan,  including  an  open-end  credit  plan,
    15  [other than a reverse mortgage transaction,] in which:
    16    (i) The principal amount of the loan at origination did not exceed the
    17  conforming  loan  size  that was in existence at the time of origination
    18  for a comparable dwelling as established by the federal housing adminis-
    19  tration or the federal national mortgage association;
    20    § 3. This act shall take effect immediately; provided,  however,  that
    21  the  amendments  to  subdivision  6 of section 1304 of the real property
    22  actions and proceedings law made by section one of  this  act  shall  be
    23  subject  to the expiration and reversion of such subdivision pursuant to
    24  subdivision a of section 25 of chapter 507  of  the  laws  of  2009,  as
    25  amended,  when  upon such date the provisions of section two of this act
    26  shall take effect.
 
    27                                   PART GG
 
    28    Section 1. This act enacts into law major  components  of  legislation
    29  relating  to assessments, distribution of assets, and insurers deemed to
    30  be in a  hazardous  financial  condition.    Each  component  is  wholly
    31  contained  within  a  Subpart  identified  as  Subparts A through C. The
    32  effective date for  each  particular  provision  contained  within  such
    33  Subpart  is set forth in the last section of such Subpart. Any provision
    34  in any section contained within a Subpart, including the effective  date
    35  of  the Subpart, which makes references to a section "of this act", when
    36  used in connection with that particular component, shall  be  deemed  to
    37  mean  and  refer to the corresponding section of the Subpart in which it
    38  is found. Section three of this act sets  forth  the  general  effective
    39  date of this act.

    40                                  SUBPART A
 
    41    Section  1.  Subsection  (a)  of section 206 of the financial services
    42  law, is amended and a new subsection (g) is added to read as follows:
    43    (a) For each fiscal year commencing on or after April first, two thou-
    44  sand twelve, assessments to defray  operating  expenses,  including  all
    45  direct  and  indirect costs, of the department, except expenses incurred
    46  in the liquidation of banking organizations, shall be  assessed  by  the
    47  superintendent  in  accordance  with  this subsection. Persons regulated
    48  under the insurance law shall be assessed by the superintendent for  the
    49  operating  expenses  of  the  department that are solely attributable to

        A. 3008--B                         29
 
     1  regulating persons under the insurance  law,  which  shall  include  any
     2  expenses  that  were permissible to be assessed in fiscal year two thou-
     3  sand nine-two thousand ten, with the assessments allocated pro rata upon
     4  all  domestic  insurers and all licensed United States branches of alien
     5  insurers domiciled in this state within the meaning of paragraph four of
     6  subsection (b) of section seven  thousand  four  hundred  eight  of  the
     7  insurance  law,  in  proportion  to  the gross direct premiums and other
     8  considerations, written or received by them in  this  state  during  the
     9  calendar year ending December thirty-first immediately preceding the end
    10  of  the fiscal year for which the assessment is made (less return premi-
    11  ums and considerations thereon) for policies or contracts  of  insurance
    12  covering  property  or risks resident or located in this state the issu-
    13  ance of which policies or contracts requires a license from  the  super-
    14  intendent.  Persons regulated under the banking law shall be assessed by
    15  the superintendent for the operating expenses of the department that are
    16  solely attributable to regulating persons under the banking law in  such
    17  proportions  as  the  superintendent  shall  deem  just  and reasonable.
    18  Persons regulated solely under this chapter shall  be  assessed  by  the
    19  superintendent  for  the  operating  expenses of the department that are
    20  solely attributable to regulated persons  under  this  chapter  in  such
    21  proportions  as the superintendent shall deem just and reasonable. Oper-
    22  ating expenses of the department not  covered  by  the  assessments  set
    23  forth  above shall be assessed by the superintendent in such proportions
    24  as the superintendent shall deem just and reasonable upon  all  domestic
    25  insurers and all licensed United States branches of alien insurers domi-
    26  ciled  in  this state within the meaning of paragraph four of subsection
    27  (b) of section seven thousand four hundred eight of the  insurance  law,
    28  and  upon any [regulated] person regulated solely under this chapter and
    29  the banking law, other than mortgage loan originators, except as  other-
    30  wise  provided by sections one hundred fifty-one and two hundred twenty-
    31  eight of the workers' compensation law  and  by  section  sixty  of  the
    32  volunteer  firefighters'  benefit law. The provisions of this subsection
    33  shall not be applicable to a bank  holding  company,  as  that  term  is
    34  defined  in  article three-A of the banking law. Persons regulated under
    35  the banking law will not be assessed for expenses that  the  superinten-
    36  dent  deems to benefit solely persons regulated under the insurance law,
    37  and persons regulated under the insurance law will not be  assessed  for
    38  expenses  that  the superintendent deems to benefit solely persons regu-
    39  lated under the banking law.
    40    (g) The expenses of every examination of the affairs of any  regulated
    41  person  subject  solely  to this chapter, shall be borne and paid by the
    42  regulated person so examined, but the superintendent, with the  approval
    43  of  the  comptroller,  may,  in the superintendent's discretion for good
    44  cause shown, remit such charges.
    45    § 2. This act shall take effect January 1, 2018.
 
    46                                  SUBPART B
 
    47    Section 1. Legislative findings. In order to  provide  an  appropriate
    48  scheme of distribution of assets of all insolvent insurers, the legisla-
    49  ture  finds  that it is in the best interest of the people of this state
    50  to amend statutes regarding the priority of distribution  under  Article
    51  74 of the Insurance Law.
    52    §  2.  Paragraph  1 of subsection (a) of section 7434 of the insurance
    53  law, as amended by chapter 134 of the laws of 1999, is amended  to  read
    54  as follows:

        A. 3008--B                         30
 
     1    (1)  Upon  the  recommendation of the superintendent, as receiver, and
     2  under the direction of the court, distribution payments shall be made in
     3  a manner that will assure the proper recognition  of  priorities  and  a
     4  reasonable  balance  between  the  expeditious completion of the [liqui-
     5  dation]  proceeding subject to this article and the protection of unliq-
     6  uidated and undetermined claims. The priority of distribution of  claims
     7  from  [an]  all  insolvent  [property/casualty  insurer] insurers in any
     8  proceeding subject to this article, unless otherwise specified, shall be
     9  in accordance with the order in which each class of claims is set  forth
    10  in this paragraph and as provided in this paragraph. Every claim in each
    11  class  shall be paid in full or adequate funds retained for such payment
    12  before the members of the next class receive any payment. No  subclasses
    13  shall  be established within any class. No claim by a shareholder, poli-
    14  cyholder, contract holder  or  other  creditor  shall  be  permitted  to
    15  circumvent  the  priority classes through the use of equitable remedies.
    16  The order of distribution of claims shall be:
    17    (i) Class one. Claims with respect to the actual and  necessary  costs
    18  and  expenses of administration, incurred by the liquidator, rehabilita-
    19  tor or conservator under this article.
    20    (ii) Class two. All claims under policies or contracts, including such
    21  claims of the federal or  any  state  or  local  government  for  losses
    22  incurred,  third  party  claims,  claims  for unearned premiums, and all
    23  claims of a security fund, guaranty association or the equivalent except
    24  claims arising under reinsurance contracts.
    25    (iii) Class three. Claims of the federal government except those under
    26  class two above.
    27    (iv) Class four. Claims for wages owing to  employees  of  an  insurer
    28  against  whom  a proceeding under this article is commenced for services
    29  rendered within one year before  commencement  of  the  proceeding,  not
    30  exceeding  one thousand two hundred dollars to each employee, and claims
    31  for unemployment insurance contributions required by article eighteen of
    32  the labor law. Such priority shall be  in  lieu  of  any  other  similar
    33  priority which may be authorized by law.
    34    (v)  Class  five.  Claims  of state and local governments except those
    35  under class two above.
    36    (vi) Class six. Claims of general creditors including[, but not limit-
    37  ed to,] claims arising under reinsurance contracts.
    38    (vii) Class seven. Claims filed late or any other  claims  other  than
    39  claims under class eight or class nine below.
    40    (viii)  Class eight. Claims for advanced or borrowed funds made pursu-
    41  ant to section one thousand three hundred seven of this chapter.
    42    (ix) Class nine. Claims of  shareholders  or  other  owners  in  their
    43  capacity as shareholders.
    44    § 3. Section 7435 of the insurance law, as added by chapter 802 of the
    45  laws of 1985, paragraph 7 of subsection (a) as amended by chapter 300 of
    46  the laws of 1996, is amended to read as follows:
    47    § 7435. Distribution for life insurers. (a) Upon the recommendation of
    48  the  superintendent,  as receiver, and under the direction of the court,
    49  distribution payments shall be made in a manner  that  will  assure  the
    50  proper  recognition  of  priorities and a reasonable balance between the
    51  expeditious completion of the proceeding subject to this article and the
    52  protection of unliquidated and  undetermined  claims.  The  priority  of
    53  distribution  of  claims from the estate of [a] an insolvent life insur-
    54  ance company in any proceeding subject  to  this  article  shall  be  in
    55  accordance  with the order in which each class of claims is [herein] set
    56  forth in this section and as provided in this section.   Every claim  in

        A. 3008--B                         31
 
     1  each  class  shall[, subject to such limitations as may be prescribed by
     2  law and do not directly conflict with the  express  provisions  of  this
     3  section,]  be  paid  in full or adequate funds retained for such payment
     4  before the members of the next class receive any payment.  No subclasses
     5  shall be established within any class.  No claim by a shareholder, poli-
     6  cyholder,  annuitant, or other creditor shall be permitted to circumvent
     7  the priority classes through the use of equitable remedies. The order of
     8  distribution of claims shall be:
     9    (1) Class one. Claims with respect to the actual and  necessary  costs
    10  and  expenses of administration, incurred by the liquidator, rehabilita-
    11  tor, conservator or ancillary rehabilitator under this  article,  or  by
    12  The  Life  Insurance  Guaranty Corporation or The Life Insurance Company
    13  Guaranty Corporation of New York, and claims described in subsection (d)
    14  of section seven thousand seven hundred thirteen of this chapter.
    15    (2) Class two. [Debts due to employees for services performed  to  the
    16  extent  that  they  do  not  exceed one thousand two hundred dollars and
    17  represent payment for services performed  within  one  year  before  the
    18  commencement  of a proceeding under this article. Such priority shall be
    19  in lieu of any other similar priority which may be authorized by law  as
    20  to  wages or compensation of employees] All claims under insurance poli-
    21  cies, annuity contracts, and funding agreements, including  such  claims
    22  of  the  federal  or any state or local government and all claims of The
    23  Life Insurance Company Guaranty Corporation of New  York  or  any  other
    24  guaranty  corporation  or association of this state or another jurisdic-
    25  tion, other than claims provided for in paragraph one of this subsection
    26  and claims for interest.
    27    (3) Class three. [All  claims  for  payment  for  goods  furnished  or
    28  services  rendered  to the impaired or insolvent insurer in the ordinary
    29  course of business within ninety days prior to the  date  on  which  the
    30  insurer  was determined to be impaired or insolvent, whichever is appli-
    31  cable] Claims of the federal government except claims  provided  for  in
    32  paragraph two of this subsection.
    33    (4)   Class  four.  [All  claims  under  insurance  policies,  annuity
    34  contracts and funding agreements, and all claims of The  Life  Insurance
    35  Company  Guaranty  Corporation  of New York or any other guaranty corpo-
    36  ration or association of this state or another jurisdiction, other  than
    37  (i)  claims  provided  for in paragraph one of this subsection, and (ii)
    38  claims for interest] Debts due to employees for  services  performed  to
    39  the  extent that they do not exceed one thousand two hundred dollars and
    40  represent payment for services performed  within  one  year  before  the
    41  commencement  of a proceeding under this article. Such priority shall be
    42  in lieu of any other similar priority that may be authorized by  law  as
    43  to wages or compensation of employees.
    44    (5)  Class  five. [Claims of the federal or any state or local govern-
    45  ment. Claims, including those of any governmental body for a penalty  or
    46  forfeiture,  shall  be  allowed  to this class only to the extent of the
    47  pecuniary loss sustained from the act, transaction or proceeding out  of
    48  which  the penalty or forfeiture arose, with reasonable and actual costs
    49  occasioned thereby. The remainder of such claims shall be  postponed  to
    50  the class of claims under paragraph eight of this subsection] All claims
    51  for  payment for goods furnished or services rendered to the impaired or
    52  insolvent insurer in the ordinary course of business within ninety  days
    53  prior  to the date on which the insurer was determined to be impaired or
    54  insolvent, whichever is applicable.
    55    (6) Class six. [Claims of general creditors and any other claims other
    56  than claims under paragraphs seven and eight of this subsection]  Claims

        A. 3008--B                         32
 
     1  of  any  state  or local government other than claims provided for under
     2  paragraph two of this subsection. Claims, including those of any govern-
     3  mental body for a penalty or forfeiture, shall be allowed to this  class
     4  only  to  the  extent  of  pecuniary loss sustained from the act, trans-
     5  action, or proceeding out of which the penalty or forfeiture arose, with
     6  reasonable and actual costs occasioned thereby. The  remainder  of  such
     7  claims shall be postponed to the class of claims under paragraph nine of
     8  this subsection.
     9    (7)  Class  seven. [Surplus, capital or contribution notes, or similar
    10  obligations] Claims of general creditors and any other claims other than
    11  claims under paragraphs eight and nine of this subsection.
    12    (8) Class eight. [The claims of (i) policyholders, other  than  claims
    13  under  paragraph four of this subsection, and (ii) shareholders or other
    14  owners] Surplus, capital, or contribution notes, or similar obligations.
    15    (9) Class nine. The claims of policyholders or annuitants, other  than
    16  claims under paragraph two of this subsection, and shareholders or other
    17  owners.
    18    (b)  Every  claim  under  a  separate  account agreement providing, in
    19  effect, that the assets in the separate account shall not be  chargeable
    20  with  liabilities arising out of any other business of the insurer shall
    21  be satisfied out of the assets in the  separate  account  equal  to  the
    22  reserves  maintained  in  such  account  for  such agreement and, to the
    23  extent, if any, not fully discharged thereby,  shall  be  treated  as  a
    24  class [four] two claim against the estate of the life insurance company.
    25    (c) For purposes of this section:
    26    (1) "The  estate of the life insurance company" shall mean the general
    27  assets of such company less any assets held in separate  accounts  that,
    28  pursuant to section four thousand two hundred forty of this chapter, are
    29  not chargeable with liabilities arising out of any other business of the
    30  insurer.
    31    (2) "Insurance  policies,  annuity  contracts  and funding agreements"
    32  shall mean all policies and contracts of any of the kinds  of  insurance
    33  specified  in  paragraph  one, two or three of subsection (a) of section
    34  one thousand one hundred thirteen of this chapter and all funding agree-
    35  ments described in section three thousand two hundred twenty-two of this
    36  chapter, including all separate account agreements, except that separate
    37  account agreements referred to in subsection (b) of this  section  shall
    38  be included only to the extent referred to therein.
    39    (3) "Separate  account  agreement or agreements" shall mean any agree-
    40  ment or agreements for separate accounts referred  to  in  section  four
    41  thousand two hundred forty of this chapter.
    42    § 4. This act shall take effect immediately.
 
    43                                  SUBPART C
 
    44    Section  1.  Section 1104 of the insurance law, the section heading as
    45  amended and subsections (c) and (d) as added by chapter 235 of the  laws
    46  of  1989,  the opening paragraph of subsection (c) as amended by chapter
    47  598 of the laws of 2000, is amended to read as follows:
    48    § 1104. Revocation or suspension of license;  restriction  of  license
    49  authority  or limitation on premiums written. (a) The superintendent may
    50  revoke any license, certificate of authority, or registration issued  to
    51  any  foreign  or alien insurer to do an insurance business in this state
    52  if, after notice to and hearing, [he] the superintendent finds that such
    53  insurer has failed to comply with any requirement imposed upon it by the
    54  provisions of this chapter and if in [his] the superintendent's judgment

        A. 3008--B                         33
 
     1  such revocation is reasonably necessary to protect the interests of  the
     2  people  of this state. The superintendent may, in his or her discretion,
     3  reinstate any such license, certificate of authority, or registration if
     4  [he] the superintendent finds that a ground for such revocation no long-
     5  er exists.
     6    (b)  The  superintendent  shall revoke the certificate of authority of
     7  any corporation or agent convicted of violating section two thousand six
     8  hundred three of this chapter.
     9    (c) [The] (1) Notwithstanding any other provision of this chapter, the
    10  superintendent may [suspend the license, restrict the license authority,
    11  or limit the amount of premiums written in this state  of  any  accident
    12  and  health  insurance  company,  property/casualty  insurance  company,
    13  co-operative property/casualty insurance company, title insurance compa-
    14  ny, mortgage guaranty  insurance  company,  reciprocal  insurer,  Lloyds
    15  underwriters  or nonprofit property/casualty insurance company] take one
    16  or more of the actions specified in subparagraph (B) of  paragraph  four
    17  of  this subsection against an insurer, except those insurers subject to
    18  the provisions of subsection (c) of section two thousand  three  hundred
    19  forty-three  of  this  chapter,  if  after a hearing on a record, unless
    20  waived by the affected insurer, the superintendent determines that  such
    21  insurer's  surplus  to  policyholders is not adequate in relation to the
    22  insurer's outstanding liabilities or to its financial needs  or  if  the
    23  superintendent  otherwise determines that the continued operation of the
    24  insurer might be deemed to be hazardous to the insurer's  policyholders,
    25  creditors, or to the general public.
    26    (2)  All  matters pertaining to a proceeding or determination pursuant
    27  to this subsection shall be confidential and not subject to subpoena  or
    28  public  inspection  under  article six of the public officers law or any
    29  other statute, except  to  the  extent  that  the  superintendent  finds
    30  release  of  information  necessary  to  protect the public. The hearing
    31  shall be initiated within twenty days after written notice to the insur-
    32  er. Any determination pursuant to this subsection shall contain findings
    33  specifying the factors deemed significant in regard  to  the  particular
    34  insurer,  and  shall  set  forth  the reasons supporting the suspension,
    35  restriction or limitation ordered by the superintendent.
    36    (3) The superintendent may consider the following  factors  [shall  be
    37  considered by the superintendent] in making [such] a determination as to
    38  whether an insurer's surplus to policyholders is adequate in relation to
    39  the insurer's outstanding liabilities or to its financial needs:
    40    [(1)]  (A) the size of the insurer as measured by its admitted assets,
    41  capital and surplus to policyholders, reserves, premium writings, insur-
    42  ance in force and other appropriate criteria, with such surplus to poli-
    43  cyholders for foreign insurers adjusted in accordance with  section  one
    44  thousand four hundred thirteen of this chapter;
    45    [(2)]  (B)  the  extent to which the insurer's business is diversified
    46  among the several kinds of insurance;
    47    [(3)] (C) the number and size of risks insured in each kind of  insur-
    48  ance and the insurer's loss experience in regard to such risks;
    49    [(4)]  (D)  the  extent  of  geographical  dispersion of the insurer's
    50  risks;
    51    [(5)] (E) the nature and extent of the insurer's reinsurance program;
    52    [(6)] (F) the quality, diversification and liquidity of the  insurer's
    53  investment portfolio;
    54    [(7)] (G) the recent past and projected future trends in regard to the
    55  insurer's  loss  experience  and in the size of the insurer's surplus to
    56  policyholders;

        A. 3008--B                         34
 
     1    [(8)] (H) the surplus to policyholders maintained by other  comparable
     2  insurers;
     3    [(9)] (I) the adequacy of the insurer's reserves; and
     4    [(10)]  (J)  the  quality and liquidity of investments in subsidiaries
     5  made pursuant to this chapter.
     6    (4)(A) The superintendent may consider the following standards, either
     7  singly or a combination of two or more, to determine whether the contin-
     8  ued operation of any insurer might be deemed  to  be  hazardous  to  its
     9  policyholders, creditors, or to the general public:
    10    (i)  adverse  findings  reported  in  financial  condition  and market
    11  conduct examination reports, audit reports, actuarial opinions, reports,
    12  or summaries, or other reports;
    13    (ii) the national association  of  insurance  commissioners  insurance
    14  regulatory  information system and its other financial analysis solvency
    15  tools and reports;
    16    (iii) whether the insurer has made adequate  provision,  according  to
    17  presently  accepted actuarial standards of practice, for the anticipated
    18  cash flows required by the contractual obligations and related  expenses
    19  of  the  insurer,  when  considered  in  light of the assets held by the
    20  insurer with respect to  such  reserves  and  related  actuarial  items,
    21  including the investment earnings on such assets, and the considerations
    22  anticipated  to  be  received  and  retained  under  such  policies  and
    23  contracts;
    24    (iv) the ability of an assuming reinsurer to perform and  whether  the
    25  insurer's  reinsurance  program  provides  sufficient protection for the
    26  insurer's remaining surplus after taking into account the insurer's cash
    27  flow and the classes of business written as well as the financial condi-
    28  tion of the assuming reinsurer;
    29    (v) whether the insurer's operating  loss  in  the  last  twelve-month
    30  period  or  any  shorter  period  of time, including net capital gain or
    31  loss, change in non-admitted assets, and cash dividends paid  to  share-
    32  holders,  is  greater  than  fifty  percent  of  the insurer's remaining
    33  surplus to policyholders in excess of the minimum required;
    34    (vi) whether the insurer's operating loss  in  the  last  twelve-month
    35  period  or  any  shorter period of time, excluding net capital gains, is
    36  greater than twenty percent of the insurer's remaining surplus to  poli-
    37  cyholders in excess of the minimum required;
    38    (vii)  whether  a  reinsurer,  an obligor, any entity in the insurer's
    39  holding company system, as defined in paragraph six of subsection (a) of
    40  section one thousand five hundred one of this chapter, or any subsidiary
    41  of an insurer, is insolvent, threatened with insolvency,  or  delinquent
    42  in  payment of its monetary or other obligations, and which in the opin-
    43  ion of the superintendent may affect the solvency of the insurer;
    44    (viii) contingent liabilities,  pledges,  or  guarantees  that  either
    45  individually  or  collectively involve a total amount that in the super-
    46  intendent's opinion may affect the insurer's solvency;
    47    (ix) whether any person who controls an insurer, as defined  in  para-
    48  graph  two of subsection (a) of section one thousand five hundred one of
    49  this chapter, is delinquent in the transmitting to, or payment  of,  net
    50  premiums to the insurer;
    51    (x) the age and collectability of receivables;
    52    (xi)  whether the management of an insurer, including officers, direc-
    53  tors, or any other person who directly or indirectly controls the opera-
    54  tion of the insurer, fails to possess and  demonstrate  the  competence,
    55  fitness,  and  reputation  deemed necessary to serve the insurer in such
    56  position;

        A. 3008--B                         35
 
     1    (xii) whether the insurer's management has failed  to  respond  to  an
     2  inquiry of the superintendent relative to the insurer's condition or has
     3  furnished false and misleading information concerning such an inquiry;
     4    (xiii)  whether  the  insurer  has  failed  to  meet  financial filing
     5  requirements  or  filing  requirements  pursuant  to  articles  fifteen,
     6  sixteen, or seventeen of this chapter, or regulations promulgated there-
     7  under, in the absence of a reason satisfactory to the superintendent;
     8    (xiv)  whether  the insurer's management either has filed any false or
     9  misleading sworn financial statement, or has released false or  mislead-
    10  ing  financial  statements  to  lending  institutions  or to the general
    11  public, or has made a false or misleading entry, or has omitted an entry
    12  of material amount in the insurer's books;
    13    (xv) whether the insurer has grown so rapidly and to  such  an  extent
    14  that it lacks adequate financial and administrative capacity to meet its
    15  obligations in a timely manner;
    16    (xvi) whether the insurer has experienced or is expected to experience
    17  in the foreseeable future cash flow or liquidity problems;
    18    (xvii)  whether management has established reserves that do not comply
    19  with minimum  standards  established  by  this  chapter  or  regulations
    20  promulgated  thereunder,  statutory  accounting standards, as adopted by
    21  the superintendent, sound actuarial principles and  standards  of  prac-
    22  tice;
    23    (xviii)  whether  management  persistently  engages  in material under
    24  reserving that results in adverse development;
    25    (xix) whether any transaction with an affiliate, a  subsidiary,  or  a
    26  parent  for which the insurer receives assets or capital gains, or both,
    27  do not provide sufficient value, liquidity, or diversity to  assure  the
    28  insurer's  ability  to  meet its outstanding obligations as they mature;
    29  and
    30    (xx) any other finding determined by the superintendent to be  hazard-
    31  ous to the insurer's policyholders, creditors, or to the general public.
    32    (B)  If  the  superintendent  determines that the insurer's surplus to
    33  policyholders is not adequate in relation to the  insurer's  outstanding
    34  liabilities or to its financial needs or if the superintendent otherwise
    35  determines  that the continued operation of the insurer may be hazardous
    36  to its policyholders, creditors, or to  the  general  public,  then  the
    37  superintendent may, upon a determination, suspend the insurer's license,
    38  certificate  of  authority,  or  registration,  restrict  the  insurer's
    39  license, certificate of authority, or registration authority,  or  issue
    40  an order requiring the insurer to do one or more of the following:
    41    (i)  reduce  the  total  amount of present and potential liability for
    42  policy benefits by reinsurance;
    43    (ii) reduce, suspend, or limit the volume of business  being  accepted
    44  or renewed, or limit the amount of premiums written in this state;
    45    (iii)  reduce  general  insurance and commission expenses by specified
    46  methods;
    47    (iv) increase the insurer's capital and surplus;
    48    (v) suspend or limit the declaration and payment of  dividends  by  an
    49  insurer to its stockholders or policyholders;
    50    (vi)  file  reports on a form and in a manner acceptable to the super-
    51  intendent concerning the market value of an insurer's assets;
    52    (vii) limit  or  withdraw  from  certain  investments  or  discontinue
    53  certain  investment  practices  to  the  extent the superintendent deems
    54  necessary;
    55    (viii) document the adequacy of premium rates in relation to the risks
    56  insured;

        A. 3008--B                         36
 
     1    (ix) file, in addition to regular annual statements, interim financial
     2  reports on a form and in a  manner  prescribed  by  the  superintendent,
     3  which  may  include a form adopted by the national association of insur-
     4  ance commissioners;
     5    (x)  correct corporate governance practice deficiencies, and adopt and
     6  utilize governance practices acceptable to the superintendent;
     7    (xi) provide a business plan to the superintendent in order to contin-
     8  ue to transact business in this state; or
     9    (xii) notwithstanding any other provision of law, adjust rates for any
    10  non-life insurance policy or contract written by the  insurer  that  the
    11  superintendent  considers  necessary  to improve the insurer's financial
    12  condition.
    13    (d) [The superintendent  shall  identify  and  review  those  licensed
    14  property/casualty  insurers  needing  immediate  or  targeted regulatory
    15  attention, and shall include the number of insurers so identified in the
    16  report required by section three hundred thirty-four  of  this  chapter.
    17  Such   report   shall   also   include   the   name   of  each  licensed
    18  property/casualty insurer placed in  formal  conservatorship,  rehabili-
    19  tation or liquidation during the preceding year. Nothing herein shall be
    20  construed  to restrict or diminish any right or power of the superinten-
    21  dent under any other provision of this chapter] For the purposes of this
    22  section, "insurer" shall mean  any  person,  firm,  association,  corpo-
    23  ration, or joint-stock company authorized to do an insurance business in
    24  this  state  by  a  license  in force pursuant to the provisions of this
    25  chapter or exempted by the provisions of this chapter from such  licens-
    26  ing, except that, for purposes of this section, the term "insurer" shall
    27  not  include  any  health maintenance organization operating pursuant to
    28  section one thousand one hundred nine of this chapter or any  continuing
    29  care retirement community operating pursuant to section one thousand one
    30  hundred nineteen of this chapter.
    31    § 2. This act shall take effect immediately.
    32    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    33  sion,  section  or subpart of this act shall be adjudged by any court of
    34  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    35  impair,  or  invalidate  the remainder thereof, but shall be confined in
    36  its operation to the clause, sentence, paragraph,  subdivision,  section
    37  or  subpart  thereof  directly involved in the controversy in which such
    38  judgment shall have been rendered. It  is  hereby  declared  to  be  the
    39  intent  of the legislature that this act would have been enacted even if
    40  such invalid provisions had not been included herein.
    41    § 3. This act shall take effect immediately  provided,  however,  that
    42  the  applicable effective date of Subparts A through C of this act shall
    43  be as specifically set forth in the last section of such Subparts.
 
    44                                   PART HH
 
    45                            Intentionally Omitted
 
    46                                   PART II
 
    47    Section 1. This act shall be known and may  be  cited  as  the  "clean
    48  water infrastructure act of 2017".
    49    §  2.  Article  15 of the environmental conservation law is amended by
    50  adding a new title 33 to read as follows:

        A. 3008--B                         37

     1                                  TITLE 33
     2                      SOURCE WATER PROTECTION PROJECTS
     3  Section 15-3301. Definitions.
     4          15-3303. Land acquisition projects for source water protection.
     5          15-3305. Approval and execution of projects.
     6  § 15-3301. Definitions.
     7    As used in this title the following terms shall mean:
     8    1.  "Land  acquisition projects" means open space acquisition projects
     9  undertaken with willing sellers  including,  but  not  limited  to,  the
    10  purchase  of  conservation  easements,  undertaken  by a municipality, a
    11  not-for-profit corporation, or purchase of conservation easements  by  a
    12  soil and water conservation district.
    13    2.  "Municipality"  means  the same as such term as defined in section
    14  56-0101 of this chapter.
    15    3. "Not-for-profit corporation" means a corporation formed pursuant to
    16  the not-for-profit corporation law and qualified for  tax-exempt  status
    17  under the federal internal revenue code.
    18    4.  "Soil and water conservation district" means the same as such term
    19  as defined in section three of the soil and water conservation districts
    20  law.
    21    5. "State assistance payment" means payment of the state share of  the
    22  cost  of projects authorized by this title to preserve, enhance, restore
    23  and improve the quality of the state's environment.
    24  § 15-3303. Land acquisition projects for source water protection.
    25    1. The commissioner is authorized to provide state assistance to muni-
    26  cipalities, not-for-profit corporations and soil and water  conservation
    27  districts  to  undertake  land  acquisition  projects  for  source water
    28  protection, in cooperation with willing sellers. Source water protection
    29  projects shall support, expand or enhance drinking  water  and/or  water
    30  quality  protection,  including but not limited to aquifers, watersheds,
    31  reservoirs, lakes, rivers and streams and shall prioritize water  quali-
    32  ty-related acquisitions that are part of the state open space plan.
    33    2.  In  evaluating  projects  pursuant to this section, the department
    34  shall prioritize projects  which  protect  or  recharge  drinking  water
    35  sources and watersheds including wetlands and riparian buffers.
    36    3.  The soil and water conservation committee in consultation with the
    37  commissioner of agriculture and markets is authorized,  consistent  with
    38  section  eleven-b  of  the soil and water conservation districts law, to
    39  provide state assistance payments, within amounts appropriated, to coun-
    40  ty soil and water conservation districts for land  acquisition  projects
    41  for  source  water  protection  projects  to  support, expand or enhance
    42  drinking and/or water quality protection including but  not  limited  to
    43  aquifers,  watersheds,  reservoirs,  lakes,  rivers  and streams.   Such
    44  committee shall give priority to projects which establish  buffers  from
    45  waters  which serve as or are tributaries to drinking water supplies for
    46  such projects using state assistance pursuant to this section.
    47    4. Real property acquired, developed, improved, restored or  rehabili-
    48  tated  by  or  through a municipality or not-for-profit corporation with
    49  funds made available pursuant to this title shall not be  sold,  leased,
    50  exchanged,  donated  or otherwise disposed of or used for other than the
    51  public purposes of this title without the express authority of an act of
    52  the legislature, which shall provide for the substitution of other lands
    53  of equal environmental value and fair market value and reasonably equiv-
    54  alent usefulness and location to  those  to  be  discontinued,  sold  or
    55  disposed  of,  and  such  other requirements as shall be approved by the
    56  commissioner.

        A. 3008--B                         38
 
     1    5. If the state acquires a real property interest in land purchased by
     2  a municipality or not-for-profit with funds made available  pursuant  to
     3  this  title,  the state shall pay the fair market value of such interest
     4  less the amount of funding  provided  by  the  state  pursuant  to  this
     5  section.
     6    6. To the fullest extent practicable, it is the policy of the state to
     7  promote an equitable regional distribution of funds, consistent with the
     8  purpose of this title.
     9  § 15-3305. Approval and execution of projects.
    10    1.  Source water protection projects may be undertaken pursuant to the
    11  provisions of this article and other applicable provisions of  law  only
    12  with the approval of the commissioner.
    13    2.  All  source  water  protection projects shall be undertaken in the
    14  state of New York. The total amount of  the  state  assistance  payments
    15  toward  the  cost  of  any  such  project shall in no event exceed fifty
    16  percent of the cost, provided however, that in the  case  of  a  project
    17  located  in  an  area  which,  according  to the most recent census data
    18  available, has a poverty rate of at least ten percent for  the  year  to
    19  which the data relates, state assistance payments toward the cost of any
    20  such  project shall in no event exceed seventy-five percent of the cost.
    21  For the purpose of  determining  the  amount  of  the  state  assistance
    22  payments,  the cost of the project shall not be more than the amount set
    23  forth in the application for state assistance payments approved  by  the
    24  commissioner. The state assistance payments toward the cost of a project
    25  shall be paid on audit and warrant of the state comptroller on a certif-
    26  icate of availability of the director of the budget.
    27    3.  a.  The  commissioner and a municipality may enter into a contract
    28  for the undertaking by the municipality of  a  source  water  protection
    29  project.    Such project shall be recommended to the commissioner by the
    30  governing body of the municipality and, when approved by the commission-
    31  er, may be undertaken by the municipality pursuant to this title and any
    32  other applicable provision of law.
    33    b. The commissioner and a not-for-profit corporation may enter into  a
    34  contract  for  the  undertaking  by  the not-for-profit corporation of a
    35  source water protection project. Such a project shall be recommended  to
    36  the  commissioner  by the governing body of a not-for-profit corporation
    37  which demonstrates to the satisfaction of the commissioner  that  it  is
    38  capable  of  operating  and maintaining such property for the benefit of
    39  drinking water and/or water quality protection.  Upon  approval  by  the
    40  commissioner,  such project may be undertaken pursuant to the provisions
    41  of this title and any other applicable provision of law.
    42    4. No monies shall be expended for source  water  protection  projects
    43  except pursuant to an appropriation therefor.
    44    §  3. The public health law is amended by adding a new section 1113 to
    45  read as follows:
    46    § 1113. Lead service line replacement grant program.   Within  amounts
    47  appropriated  therefor,  the department shall develop a program to award
    48  grants to municipalities for purposes of replacing  lead  service  lines
    49  used  to  supply  drinking  water. When determining which municipalities
    50  shall receive awards and the amount of such awards, the department shall
    51  consider for each municipality the cost of replacing lead service  lines
    52  and  the  number of persons who receive drinking water from such service
    53  lines, and shall give priority to those municipalities  with  zip  codes
    54  which demonstrate elevated childhood blood lead levels based on the most
    55  recent  available  data  and  low-income communities, according to regu-
    56  lations as shall be determined by the department.

        A. 3008--B                         39
 
     1    § 4. Section 54-1523 of the environmental conservation law,  as  added
     2  by  section 5 of part U of chapter 58 of the laws of 2016, is amended to
     3  read as follows:
     4  § 54-1523. Climate adaptation and mitigation projects.
     5    1.  The  commissioner is authorized to provide on a competitive basis,
     6  within amounts appropriated, state assistance payments to a municipality
     7  toward the cost of any climate adaptation or mitigation  projects.  Such
     8  projects shall include:
     9    a.  the  construction  of natural resiliency measures, conservation or
    10  restoration of riparian areas and tidal marsh migration areas;
    11    b. nature-based solutions such as wetland protections to address phys-
    12  ical climate risk due to sea level  rise,  and/or  storm  surges  and/or
    13  flooding,  based  on  available data predicting the likelihood of future
    14  extreme weather events, including hazard risk analysis data if  applica-
    15  ble;
    16    c.  relocation  or  retrofit of facilities to address physical climate
    17  risk due to sea level rise, and/or storm surges and/or flooding based on
    18  available data predicting  the  likelihood  of  future  extreme  weather
    19  events, including hazard risk analysis data if applicable;
    20    d. flood risk reduction;
    21    e. greenhouse gas emission reductions outside the power sector;
    22    f.  enabling  communities  to become certified under the climate smart
    23  communities program, including by developing natural resources  invento-
    24  ries, right sizing of municipal fleets and developing climate adaptation
    25  strategies; [and]
    26    g.  climate change adaptation planning and supporting studies, includ-
    27  ing but not limited to vulnerability assessment  and  risk  analysis  of
    28  municipal drinking water, wastewater, and transportation infrastructure;
    29  and
    30    h. land acquisition, including but not limited to flood mitigation and
    31  coastal  riparian  resiliency;  provided,  however,  no  monies shall be
    32  expended for acquisition by eminent domain.
    33    2. To the fullest extent practicable, it is the policy of the state to
    34  promote an equitable regional distribution  of  climate  adaptation  and
    35  mitigation  projects,  consistent with the purpose of this title, taking
    36  into account regional differences in climate change risks, socioeconomic
    37  conditions and ecological resources.
    38    [3. No monies shall be expended for land acquisition.]
    39    § 5. The environmental conservation law is amended  by  adding  a  new
    40  section 54-1525 to read as follows:
    41  § 54-1525. Restriction on alienation.
    42    Real property acquired, developed, improved, restored or rehabilitated
    43  by  a  municipality  pursuant  to  this  title with funds made available
    44  pursuant to this title shall not be sold or  disposed  of  or  used  for
    45  other  than  public  purposes without the express authority of an act of
    46  the legislature, which shall provide for the substitution of other lands
    47  of equal environmental and fair market value and  reasonably  equivalent
    48  usefulness  and  location  to those to be discontinued, sold or disposed
    49  of, and such other requirements as shall be approved by the  commission-
    50  er.
    51    §  6.  Article  27 of the environmental conservation law is amended by
    52  adding a new title 12 to read as follows:
 
    53                                  TITLE 12
    54                  DRINKING WATER CONTAMINATION REMEDIATION
    55  Section 27-1201. Definitions.

        A. 3008--B                         40

     1          27-1203. Mitigation of drinking water contamination.
     2          27-1205. Remedial programs.
     3          27-1207. Access to records and sites.
     4          27-1209. Use  and  reporting of the drinking water contamination
     5                     response account.
     6          27-1211. Rules and regulations.
     7          27-1213. Citizen technical assistance grants.
     8  § 27-1201. Definitions.
     9    When used in this title:
    10    1. "Drinking water contamination response account" means  the  account
    11  established pursuant to subdivision one of section ninety-seven-b of the
    12  state finance law.
    13    2.   "Emerging contaminant".  Notwithstanding the definition of emerg-
    14  ing contaminant pursuant to section eleven hundred twelve of the  public
    15  health law, "emerging contaminant" does not include:
    16    a.  Natural gas, natural gas liquids, liquefied natural gas, synthetic
    17  gas usable for fuel, or mixtures of natural gas and such synthetic  gas;
    18  nor
    19    b.  The  residue of emissions from the engine exhaust of a motor vehi-
    20  cle, rolling  stock,  aircraft,  vessel,  or  pipeline  pumping  station
    21  engine; nor
    22    c. Source, byproduct, or special nuclear material from a nuclear inci-
    23  dent,  as  those  terms are defined in the atomic energy act of 1954, if
    24  such release is  subject  to  requirements  with  respect  to  financial
    25  protection  established  under  section 170 of such act (42 U.S.C. 2210)
    26  or, for the purpose of section 104 of  the  comprehensive  environmental
    27  response,  compensation  and  liability act of 1980 (42 U.S.C. 9604), or
    28  any other response action, any source,  byproduct,  or  special  nuclear
    29  material  from any processing site designated under section 102(a)(1) or
    30  302(a) of the Uranium Mill Tailings Radiation Control Act  of  1978  (42
    31  U.S.C. 7912(a)(1) or 7942(a)); nor
    32    d.  Petroleum  as  defined  in  section one hundred seventy-two of the
    33  navigation law, even if appearing on the list  promulgated  pursuant  to
    34  section 37-0103 of this chapter.
    35  § 27-1203. Mitigation of drinking water contamination.
    36    Whenever the commissioner of health has required a public water system
    37  to  take  action  to reduce exposure as a result of emerging contaminant
    38  notification levels pursuant to section eleven  hundred  twelve  of  the
    39  public  health  law, or at any time upon the request of the commissioner
    40  of health pursuant to a  public  health  hazard,  the  department  shall
    41  undertake  all  reasonable  and  necessary  measures to ensure that safe
    42  drinking water is expeditiously made available to all people in any area
    43  of the state in which such contamination is known to  be  present.  Such
    44  area  shall  include,  at a minimum, all properties served by the public
    45  water system and any land and any surface or groundwater sources identi-
    46  fied by the department or department of health as causing or  contribut-
    47  ing  to  such contamination.  The department's measures shall be protec-
    48  tive of human and environmental health and may include the  installation
    49  of  treatment  systems,  including  but  not  limited to installation of
    50  onsite water supplies, or the  provision  of  alternative  water  supply
    51  sources to ensure that water meets applicable maximum contaminant levels
    52  or  other  threshold  concentrations,  such as action levels, set by the
    53  department of health or federal government.
    54  § 27-1205. Remedial programs.
    55    1. a. The  department  shall  be  responsible,  as  provided  in  this
    56  section,  for public drinking water contamination remedial programs once

        A. 3008--B                         41

     1  the department of health has required a  public  water  system  to  take
     2  action to reduce exposure as a result of an emerging contaminant notifi-
     3  cation  level  pursuant  to  section eleven hundred twelve of the public
     4  health  law  except  as  provided  in section one thousand three hundred
     5  eighty-nine-b of the public health law.
     6    b. The department shall have the authority to require the  development
     7  and  implementation  of  a  department-approved  public  drinking  water
     8  contamination remedial program.
     9    c. Section eight of the court of claims act or any other provision  of
    10  law  to  the  contrary  notwithstanding,  the state shall be immune from
    11  liability and action with respect to any act or  omission  done  in  the
    12  discharge  of the department's aforesaid responsibility pursuant to this
    13  section; provided, however, that this  paragraph  shall  not  limit  the
    14  liability  which  may otherwise exist for unlawful, willful or malicious
    15  acts or omissions on the part of the state,  state  agencies,  or  their
    16  officers,  employees  or  agents; or for the ownership or responsibility
    17  for the disposal of hazardous waste,  including  the  cost  of  cleanup,
    18  pursuant to this section.
    19    2.  The  department  shall  have  the  authority  (a) to delegate such
    20  responsibility for a specific site to the  municipality  in  which  such
    21  site  is  located  and (b) to contract with the environmental facilities
    22  corporation and any other person to perform necessary work in connection
    23  with such sites.
    24    3. a. Whenever the commissioner of health requires that a public water
    25  system take action to reduce  exposure,  as  a  result  of  an  emerging
    26  contamination  notification  level  pursuant  to  section eleven hundred
    27  twelve of the public health law,  and  that  such  emerging  contaminant
    28  constitutes a significant threat to the environment, he or she may order
    29  the  owner  of  such site and/or any person responsible for such contam-
    30  ination to develop a  drinking  water  contamination  remedial  program,
    31  subject  to  the  approval  of the department, at such site, and (ii) to
    32  implement such program within reasonable time limits  specified  in  the
    33  order.   Provided, however, that in the event the commissioner of health
    34  shall issue an order pursuant to subdivision three of section one  thou-
    35  sand three hundred eighty-nine-b of the public health law, such order of
    36  the commissioner of health shall supersede any order issued hereunder.
    37    b. Whenever the commissioner, after investigation, finds:
    38    (i)  that  a  public  drinking  water contamination site constitutes a
    39  significant threat to the environment; and
    40    (ii) that such threat is causing or presents  an  imminent  danger  of
    41  causing irreversible or irreparable damage to the environment; and
    42    (iii)  the threat makes it prejudicial to the public interest to delay
    43  action until a hearing can be held pursuant to this title,  the  depart-
    44  ment  may,  pursuant  to paragraph c of subdivision five of this section
    45  and within the funds available to the department from the drinking water
    46  contaminant response account, develop and  implement  a  drinking  water
    47  contamination  remedial program for such site.  Findings required pursu-
    48  ant to this paragraph shall be in writing and may be made by the commis-
    49  sioner on an ex parte basis subject to judicial review.
    50    4. Any order issued pursuant to  subdivision  three  of  this  section
    51  shall  be  issued only after notice and the opportunity for a hearing is
    52  provided to persons who may be the subject of such  order.  The  commis-
    53  sioner  shall  determine  which persons are responsible pursuant to said
    54  subdivision according to applicable principles of  statutory  or  common
    55  law  liability. Such persons shall be entitled to raise any statutory or
    56  common law defense at any such hearing and such defenses shall have  the

        A. 3008--B                         42
 
     1  same  force and effect at such hearings as they would have in a court of
     2  law. In the event a hearing is held, no order shall  be  issued  by  the
     3  commissioner under subdivision three of this section until a final deci-
     4  sion  has  been rendered. Any such order shall be reviewable pursuant to
     5  article seventy-eight of the civil practice law and rules within  thirty
     6  days  after  service  of  such  order.  The commissioner may request the
     7  participation of the attorney general in such hearings.
     8    5. a. Whenever a person ordered to eliminate a threat to the  environ-
     9  ment  pursuant  to  paragraph a of subdivision three of this section has
    10  failed to do so within the time  limits  specified  in  the  order,  the
    11  department  may  develop  and  implement a public drinking water contam-
    12  ination remedial program for  such  site.  The  reasonable  expenses  of
    13  developing  and  implementing  such  remedial  program by the department
    14  shall be paid by the person to whom the order was issued and  the  state
    15  may seek to recover such reasonable expenses in any court of appropriate
    16  jurisdiction.
    17    b. In the event that the commissioner has found that a public drinking
    18  water  contamination  site constitutes a significant threat to the envi-
    19  ronment, but after a reasonable attempt to determine who may be  respon-
    20  sible is either unable to determine who may be responsible, or is unable
    21  to  locate  a  person who may be responsible, the department may develop
    22  and implement a public drinking water contamination remedial program for
    23  such site. The commissioner shall make every effort, in accordance  with
    24  the  requirements  for  notice,  hearing and review provided for in this
    25  title, to secure appropriate relief from any person subsequently identi-
    26  fied or located who is responsible for the disposal of  hazardous  waste
    27  at such site, including, but not limited to, development and implementa-
    28  tion  of  an  inactive  hazardous  waste disposal site remedial program,
    29  payment of the cost of  such  a  program,  recovery  of  any  reasonable
    30  expenses incurred by the state, money damages and penalties.
    31    c. Whenever the commissioner has made findings pursuant to paragraph b
    32  of  subdivision  three of this section or the commissioner of health has
    33  made a declaration and finding pursuant to paragraph (b) of  subdivision
    34  three  of section one thousand three hundred eighty-nine-b of the public
    35  health law, the department may develop and implement a  public  drinking
    36  water  contamination  remedial  program to contain, alleviate or end the
    37  threat to life or health or to the environment. The  costs  incurred  by
    38  the department in developing and implementing such a program shall be in
    39  an  amount  commensurate with the actions the department deems necessary
    40  to eliminate such danger.  In determining the scope, nature and  content
    41  of such program, the department shall consider among others, the follow-
    42  ing factors:
    43    (i) the technological feasibility of all actions;
    44    (ii)  the  nature  of  the  danger to human health and the environment
    45  which the actions are designed to address; and
    46    (iii) the extent to which the actions  would  reduce  such  danger  to
    47  human  health or the environment or would otherwise benefit human health
    48  or the environment.
    49    6. The commissioner shall make every effort, in  accordance  with  the
    50  requirements  for  notice, hearing and review provided for in this title
    51  to secure appropriate relief from the owner or  operator  of  such  site
    52  and/or any person responsible for such contamination, including, but not
    53  limited  to,  development  and implementation of a public drinking water
    54  contamination remedial program, payment of the  cost  of  such  program,
    55  recovery of any reasonable expenses incurred by the state, money damages
    56  and penalties.

        A. 3008--B                         43
 
     1    7.  When  a municipality develops and implements pursuant to an agree-
     2  ment with the department a public drinking water contamination  remedial
     3  program  as  approved by the department for a site which is owned or has
     4  been operated by such municipality or when the department,  pursuant  to
     5  an agreement with a municipality, develops and implements such a remedi-
     6  al  program,  the commissioner shall, in the name of the state, agree in
     7  such agreement to provide from the drinking water contamination response
     8  fund, within the limitations of  appropriations  therefor,  seventy-five
     9  percent  of  the eligible design and construction costs of such remedial
    10  program for which such municipality is  liable  solely  because  of  its
    11  ownership and/or operation of such site and which are not recovered from
    12  or reimbursed or paid by a responsible party or the federal government.
    13    8. Nothing contained within this section shall be construed as impair-
    14  ing or in any manner affecting the right or jurisdiction of the attorney
    15  general  to  seek appropriate relief pursuant to his statutory or common
    16  law authority.
    17    9. Moneys for actions taken or to be  taken  by  the  department,  the
    18  department  of  health  or any other state agency in connection with the
    19  elimination of conditions dangerous to life or health or with the elimi-
    20  nation of a significant threat  to  the  environment  pursuant  to  this
    21  section  shall  be  payable  directly to such agencies from the drinking
    22  water contamination response account pursuant to section  ninety-seven-b
    23  of  the  state  finance law. This includes any inspection or sampling of
    24  wastes, soils, air, surface water and groundwater done on  behalf  of  a
    25  state  agency  whether  or  not  such action is taken prior to a finding
    26  pursuant to subdivision three of this  section  and  any  administrative
    27  expenses related thereto.
    28    10.  Any  duly designated officer or employee of the department or any
    29  other state agency, and any  agent,  consultant,  contractor,  or  other
    30  person,  including  an  employee,  agent, consultant, or contractor of a
    31  responsible person acting at the direction of the department, so author-
    32  ized in writing by the commissioner, may enter any public drinking water
    33  contamination site and areas near such site to implement a public drink-
    34  ing water contamination remedial program for  such  site,  provided  the
    35  commissioner  has  sent  a written notice to the owners of record or any
    36  known occupants of such site or nearby areas of the intended  entry  and
    37  work  at  least  ten days prior to such initial entry unless such owners
    38  and occupants consent to an earlier date.
    39  § 27-1207. Access to records and sites.
    40    1. Every person shall, upon the written request of the commissioner or
    41  a designee, permit a duly designated officer or employee of the  depart-
    42  ment  at  all  reasonable times to have access to and to copy all books,
    43  papers, documents and records pertinent to an ongoing  investigation  of
    44  an emerging contaminant notification identified in section 27-1203.
    45    2.  The  commissioner  may sign and issue subpoenas in the name of the
    46  department requiring the production  of  books,  papers,  documents  and
    47  other  records  and  may take testimony by depositions under oath of any
    48  person relating to the ongoing investigation of an emerging  contaminant
    49  notification  identified in section 27-1203.  Such subpoenas and deposi-
    50  tions shall be regulated by  the  civil  practice  law  and  rules.  The
    51  commissioner  may invoke the powers of the supreme court of the state of
    52  New York to compel compliance with any such subpoena or any  request  to
    53  take such depositions.
    54    3.  Any  duly  designated officer or employee of the department, or of
    55  any state agency,  and  any  agent,  consultant,  contractor,  or  other
    56  person,  including  an  employee,  agent, consultant, or contractor of a

        A. 3008--B                         44
 
     1  responsible person acting at the direction of the department, so author-
     2  ized in writing by the commissioner, may enter any public drinking water
     3  contamination site and areas near such site and inspect and take samples
     4  of  wastes, soils, air, surface water, and groundwater. In order to take
     5  such samples, the department or authorized person may utilize  or  cause
     6  to  be  utilized  such sampling methods as it determines to be necessary
     7  including, but not limited to, soil borings and monitoring wells.
     8    4. The department or authorized person  shall  not  take  any  samples
     9  involving the substantial disturbance of the ground surface of any prop-
    10  erty unless it has made a reasonable effort to identify the owner of the
    11  property and to notify such owner of the intent to take such samples. If
    12  the  owner  can  be  identified, the department shall provide such owner
    13  with a minimum of ten days' written notice of the  intent,  unless  such
    14  owners  and  occupants consent to an earlier date, to take such samples,
    15  unless the commissioner makes a written determination that such ten  day
    16  notice  will  not  allow  the  department  to protect the environment or
    17  public health, in which case two days' written notice  shall  be  suffi-
    18  cient.  Any  inspection  of the property and each such taking of samples
    19  shall take  place  at  reasonable  times  and  shall  be  commenced  and
    20  completed  with  reasonable promptness. If any officer, employee, agent,
    21  consultant, contractor, or other person so authorized in writing by  the
    22  commissioner  obtains  any  samples prior to leaving the premises, he or
    23  she shall give to the owner or operator a receipt describing the  sample
    24  obtained  and, if requested, a portion of such sample equal in volume or
    25  weight to the portion retained. If any analysis is made of such samples,
    26  a copy of the results of such analysis shall be  furnished  promptly  to
    27  the  owner  or operator. Upon the completion of all sampling activities,
    28  the department or  authorized  person  shall  remove,  or  cause  to  be
    29  removed,  all equipment and well machinery and return the ground surface
    30  of the property to its condition prior  to  such  sampling,  unless  the
    31  department  or authorized person, and the owner of property shall other-
    32  wise agree.
    33    5. The expense of any such sampling and analysis shall be paid by  the
    34  department,  but  may  be  recovered  from any responsible person in any
    35  action or proceeding brought pursuant  to  this  title  or  common  law;
    36  provided,  that  if  the  person  so  authorized  in writing shall be an
    37  employee, agent, consultant,  or  contractor  of  a  responsible  person
    38  acting  at the direction of the department, then the expense of any such
    39  sampling and analysis shall be paid by the responsible person.
    40  § 27-1209. Use and reporting of drinking  water  contamination  response
    41               account.
    42    1.  The  drinking  water  contamination response account shall be made
    43  available to the department,  subject  to  appropriation,  to  remediate
    44  public  drinking  water  contamination  sites  and for citizen technical
    45  assistance grants pursuant to this title.
    46    2. On or before July first, two thousand eighteen, and annually there-
    47  after, the department shall report on the status of the program  includ-
    48  ing:
    49    a.  Monies  expended  or encumbered for the purpose of conducting site
    50  investigations, remedial investigations, remedial design studies,  reme-
    51  dial construction, interim remedial measures, and feasibility studies;
    52    b.  An  accounting  of  payments received and payments obligated to be
    53  received pursuant to this  title,  and  a  report  of  the  department's
    54  attempt to secure such obligations.
    55  § 27-1211. Rules and regulations.

        A. 3008--B                         45
 
     1    1.  The  commissioner shall promulgate rules and regulations necessary
     2  and appropriate to carry out the purposes of this title. Any regulations
     3  shall at a minimum include provisions  which  establish  the  procedures
     4  pursuant to section 27-1205 of this title and shall ensure a division of
     5  functions  between the commissioner, the staff who present the case, and
     6  any hearing officers appointed. In addition, any regulations  shall  set
     7  forth  findings  to  be  based  on  a factual record, which must be made
     8  before the commissioner determines that  a  significant  threat  to  the
     9  environment exists.
    10  § 27-1213. Citizen technical assistance grants.
    11    1. The commissioner is authorized to provide, or order a person acting
    12  under  order  or  on  consent,  to  provide grants to any not-for-profit
    13  corporation exempt from taxation under section 501(c)(3) of the internal
    14  revenue code who may be affected by  a  public  drinking  water  contam-
    15  ination  remedial  program.  To  qualify  to  receive such assistance, a
    16  community group must demonstrate  that  its  membership  represents  the
    17  interests  of  the  community  affected  by such site, and that members'
    18  health, economic well-being or enjoyment of the environment  are  poten-
    19  tially  affected  by  such site. Such grants shall be known as technical
    20  assistance grants and may be used  to  obtain  technical  assistance  in
    21  interpreting  information with regard to the nature of the hazard from a
    22  public drinking water contamination site or sites  and  the  development
    23  and implementation of a public drinking water contamination site remedi-
    24  al program or programs. Such grants may also be used:
    25    (a) to advise affected residents on any health assessment; and
    26    (b) for training funds for the education of interested affected commu-
    27  nity members to enable them to more effectively participate in the reme-
    28  dy selection process.
    29    Grants  awarded under this section may not be used for the purposes of
    30  collecting field sampling data, political activity or lobbying  legisla-
    31  tive bodies.
    32    2.  The  amount of any grant awarded under this section may not exceed
    33  fifty thousand dollars at any one site.
    34    3. No matching contribution from the grant recipient shall be required
    35  for a technical assistance grant. Following a grant award, a portion  of
    36  the  grant shall be made available to the grant recipient, in advance of
    37  the expenditures to be covered by the grant,  in  five  thousand  dollar
    38  installments.
    39    §  7.  The  public  authorities law is amended by adding a new section
    40  1285-s to read as follows:
    41    § 1285-s. New York state intermunicipal  water  infrastructure  grants
    42  program.  1. For purposes of this section:
    43    (a)  "water  quality infrastructure project" shall mean "sewage treat-
    44  ment works" as defined in section 17-1903 of the environmental conserva-
    45  tion law or "eligible project" as defined in paragraphs  (a),  (b),  (c)
    46  and  (e)  of  subdivision  four  of  section eleven hundred sixty of the
    47  public health law.
    48    (b) "construction" shall mean:
    49    (i) for sewage treatment works, the same meaning as defined in section
    50  17-1903 of the environmental conservation law; and
    51    (ii) for eligible projects, the same meaning as defined in section one
    52  thousand one hundred sixty of the public health law.
    53    (c)  "municipality"  shall  mean  any  county,  city,  town,  village,
    54  district  corporation,  county  or  town  improvement  district,  school
    55  district, Indian nation or tribe recognized by the state or  the  United
    56  States  with a reservation wholly or partly within the boundaries of New

        A. 3008--B                         46
 
     1  York state, any public benefit corporation or  public  authority  estab-
     2  lished  pursuant to the laws of New York or any agency of New York state
     3  which is empowered to construct  and  operate  an  intermunicipal  water
     4  quality  infrastructure  project,  or  any  two or more of the foregoing
     5  which are acting jointly in  connection  with  an  intermunicipal  water
     6  quality infrastructure project.
     7    2.  (a)  The  environmental facilities corporation shall undertake and
     8  provide state financial assistance payments, from funds appropriated for
     9  such purpose, to municipalities in support of intermunicipal water qual-
    10  ity infrastructure projects provided, however, in  any  such  year  that
    11  funds are appropriated for such purpose, each municipality participating
    12  in  such  intermunicipal  agreement shall each receive an award of up to
    13  five million dollars of appropriated funds; provided  that  such  monies
    14  shall  not  exceed  seventy-five  percent of the total project cost; and
    15  provided further that the total state financial assistance  payment  for
    16  the  project  does  not  represent a disproportionate share of the total
    17  amount of available funding in any given year.
    18    (b) Intermunicipal water quality infrastructure projects  shall  serve
    19  multiple  municipalities  and may include a shared water quality infras-
    20  tructure project or interconnection of multiple municipal water  quality
    21  infrastructure  projects  and  shall  be  awarded  only to water quality
    22  infrastructure projects for:
    23    (i) replacement or repair of infrastructure; or
    24    (ii) compliance with environmental and public health  laws  and  regu-
    25  lations related to water quality.
    26    (c)  Any  state  financial assistance payment awarded pursuant to this
    27  section shall not exceed seventy-five percent of the project cost.
    28    (d) Cooperating municipalities may make an application for an intermu-
    29  nicipal water infrastructure grant, in a manner, form and timeframe  and
    30  containing  such information as the environmental facilities corporation
    31  may require provided however, such  requirements  shall  not  include  a
    32  requirement for prior listing on the intended use plan.
    33    (e)  Cooperating  municipalities shall not be required to accept envi-
    34  ronmental facilities corporation loan financing in  order  to  obtain  a
    35  state  financial  assistance  payment pursuant to this section if it can
    36  provide proof of having obtained similarly low cost financing  or  other
    37  funding from another source.
    38    (f) In awarding such state intermunicipal water infrastructure grants,
    39  the environmental facilities corporation shall consider and give prefer-
    40  ence  to  municipalities  that meet the hardship criteria established by
    41  the environmental facilities  corporation  pursuant  to  section  twelve
    42  hundred  eighty-five-m  of  this article and projects that result in the
    43  greatest water quality improvement or greatest reduction in serious risk
    44  to public health.  For the purposes of this section, the hardship crite-
    45  ria of section twelve hundred eighty-five-m of this article  shall  also
    46  apply  to sewage treatment works defined in section 17-1903 of the envi-
    47  ronmental conservation law.
    48    3. Intermunicipal water quality infrastructure projects financed  with
    49  state financial assistance made available pursuant to this section shall
    50  be  subject  to  the requirements of article eight of the labor law, the
    51  requirements of  article  seventeen-B  of  the  executive  law  and  the
    52  requirements  and provisions of all applicable minority- and women-owned
    53  business mandates including, but not limited to article fifteen-A of the
    54  executive law.
    55    § 8. Article 27 of the environmental conservation law  is  amended  by
    56  adding a new title 31 to read as follows:

        A. 3008--B                         47
 
     1                                  TITLE 31
     2                 CLOSED, ILLEGAL OR ABANDONED DISPOSAL SITES
     3  Section 27-3101. Definitions.
     4          27-3103. Identification of sites.
     5          27-3105. Registry of sites.
     6          27-3107. Use  and  reporting  of  closed,  illegal  or abandoned
     7                     disposal site response account.
     8          27-3109. Regulations.
     9          27-3111. Municipal grants.
    10  § 27-3101. Definitions.
    11    As used in this title, the following terms shall mean:
    12    1. "Closed, illegal or abandoned disposal site" means a location where
    13  solid waste is or has been intentionally  placed,  other  than  a  solid
    14  waste management facility currently operating under a permit pursuant to
    15  this title, that is (a) a site that has ceased accepting solid waste and
    16  has documentation that closure was conducted in accordance with applica-
    17  ble  statutes,  regulations  and local ordinances in effect at the time;
    18  (b) a site where disposal of solid waste was never legally permitted; or
    19  (c) a site that has ceased accepting solid waste but has not  closed  in
    20  compliance with applicable statutes, regulations and local ordinances in
    21  effect at the time.
    22    2.  "Solid  waste  management  facility"  means  any facility employed
    23  beyond the initial solid waste collection  process  including,  but  not
    24  limited  to,  transfer  stations,  baling facilities, rail haul or barge
    25  haul facilities, processing systems, including resource recovery facili-
    26  ties or other facilities for reducing solid waste volume, sanitary land-
    27  fills, facilities  for  the  disposal  of  construction  and  demolition
    28  debris, plants and facilities for compacting, composting or pyrolization
    29  of  solid wastes, incinerators and other solid waste disposal, reduction
    30  or conversion facilities.
    31  § 27-3103. Identification of sites.
    32    1. For a period of one year after the effective date of this  section,
    33  each county should, for the purpose of locating closed, illegal or aban-
    34  doned disposal sites, survey its jurisdiction to determine the existence
    35  and location of closed, illegal or abandoned disposal sites and submit a
    36  report  to the department describing the location of each such suspected
    37  site and the reasons for such suspicion.
    38    2. Each county should review the information concerning such county in
    39  the registry established pursuant  to  section  27-3105  of  this  title
    40  provide  the  department  with  any  information  which might correct or
    41  supplement the information in such registry with  respect  to  suspected
    42  closed,  illegal  or abandoned disposal sites within the jurisdiction of
    43  such county.
    44    3. Nothing contained within this section shall (a) preclude  a  county
    45  from  cooperating  with  local  jurisdictions, regional organizations or
    46  state agencies to complete such survey under subdivisions one and two of
    47  this section or (b) reduce the powers or responsibilities of any county,
    48  other local jurisdiction, regional organization or state agency to iden-
    49  tify, investigate, assess or monitor any closed,  illegal  or  abandoned
    50  disposal site.
    51    4.  For  purposes  of  this  section, "county" shall include each city
    52  incorporating within its boundary one or more  counties  but  shall  not
    53  include those counties incorporated within a city.
    54  § 27-3105. Registry of sites.
    55    1.  The  department  shall  maintain  and  make  available  for public
    56  inspection, at each of its regional offices and regional sub-offices, at

        A. 3008--B                         48
 
     1  the office of the county clerk or register for each county  and  at  the
     2  office  of  the town clerk for each town in Suffolk and Nassau counties,
     3  and on its homepage on the internet, a registry of any  closed,  illegal
     4  or  abandoned  disposal  sites  in  such  region or, with respect to the
     5  office of the county clerk or register, in such county.  The  department
     6  shall provide a written copy upon requests by any person. The department
     7  shall  take  all necessary action to ensure that the registry provides a
     8  complete and up-to-date listing of all such sites within the region. The
     9  department shall, on or before January first, two thousand nineteen, and
    10  annually thereafter, transmit the updated registry  to  the  legislature
    11  and  the  governor. A notice of the availability of the updated registry
    12  shall be sent to the department of health and the chief executive  offi-
    13  cer  of  every county. Upon identification of a closed, illegal or aban-
    14  doned disposal site not included in the  registry  for  the  immediately
    15  preceding  year, the department shall notify in writing the chief execu-
    16  tive officer of each county, city, town and village and the public water
    17  supplier which services the area in which such site is located that such
    18  site has been so identified. For the purposes of  this  section,  "water
    19  supplier" shall mean any public water system as such term is defined for
    20  the purposes of the sanitary code of the state of New York as authorized
    21  by section two hundred twenty-five of the public health law. Such regis-
    22  try  shall  include  but  need  not  be limited to those items among the
    23  following which the commissioner determines to be necessary:
    24    a. A description of the sites consisting of:
    25    (i) a general description of the site, which shall include  the  name,
    26  if  any,  of the site, the address of the site, the type and quantity of
    27  the known types of waste disposed of at the site and  the  name  of  the
    28  current owners of the site;
    29    (ii)  an assessment by the department of any significant environmental
    30  problems at and near the site;
    31    (iii) an assessment prepared by the department of health of any  seri-
    32  ous health problems in the immediate vicinity of the site and any health
    33  problems  deemed by the department of health to be related to conditions
    34  at the site;
    35    (iv) the status of any testing,  monitoring  or  remedial  actions  in
    36  progress or recommended by the department;
    37    (v)  the status of any pending legal actions and any federal, state or
    38  local government permits or approvals concerning the site; and
    39    (vi) an assessment of the relative priority of the need for action  at
    40  each site to remedy environmental and health problems resulting from the
    41  presence of wastes at such site;
    42    b.  Address  and  site  boundaries including tax map parcel numbers or
    43  section, block and lot numbers;
    44    c. Time period of use for disposal of waste;
    45    d. Name of the current owner and operator and names of  any  past  and
    46  reported  owners  and  operators during the time period of use for waste
    47  disposal;
    48    e. Names of persons responsible for the generation and  transportation
    49  of waste disposed of;
    50    f. Type and quantity of known types of waste disposed of;
    51    g. Manner of disposal of such waste;
    52    h. Nature of soils at the site;
    53    i. Depth of water table at the site;
    54    j. Location, nature and size of aquifers at the site;
    55    k. Direction of present and historic groundwater flows at the site;

        A. 3008--B                         49
 
     1    l.  Location,  nature  and  size of all surface waters at and near the
     2  site;
     3    m.  Levels of contaminants, if any, in groundwater, surface water, air
     4  and soils at and near the site resulting from wastes disposed of at  the
     5  site  or from any other cause and areas known to be directly affected or
     6  contaminated by wastes from the site;
     7    n. As determined by the department of health, current quality  of  all
     8  drinking  water  drawn from or distributed through the area in which the
     9  site is located when the department  of  health  determines  that  water
    10  quality  may  have  been  affected by the site in question and any known
    11  change in the quality of such drinking water over time;
    12    o. Proximity of the site to private residences,  public  buildings  or
    13  property,  school  facilities, places of work or other areas where indi-
    14  viduals may be present; and
    15    p. The name, address and telephone number of the public water supplier
    16  which services the area in which such site is located.
    17    2. a. The department shall conduct investigations of the sites  listed
    18  in the registry and shall investigate areas or sites which it has reason
    19  to  believe  should  be  included  in the registry. The purpose of these
    20  investigations shall be to develop the information required by  subdivi-
    21  sion one of this section to be included in the registry.
    22    b.  The  department  shall, as part of the registry, assess and, based
    23  upon new information received, reassess by March  thirty-first  of  each
    24  year,  in  cooperation  with the department of health, the relative need
    25  for action at each site to  remedy  environmental  and  health  problems
    26  resulting  from  such  sites;  provided, however, that if at the time of
    27  such assessment or reassessment, the department has not placed a site in
    28  classification 1 or 2, as described in subparagraphs one and two of this
    29  paragraph, and such site is the subject of negotiations for,  or  imple-
    30  mentation  of,  a  brownfield  site  cleanup agreement pursuant to title
    31  fourteen of this article, obligating the person subject to  such  agree-
    32  ment  to, at a minimum, eliminate or mitigate all significant threats to
    33  the public health  and  environment  pursuant  to  such  agreement,  the
    34  department  shall defer its assessment or reassessment during the period
    35  such person is engaged in good faith negotiations to enter into such  an
    36  agreement  and, following its execution, is in compliance with the terms
    37  of  such  agreement,  and  shall  assess  or  reassess  such  site  upon
    38  completion  of  remediation  to the department's satisfaction. In making
    39  its assessments, the department shall place every site  in  one  of  the
    40  following classifications:
    41    (1)  Causing  or presenting an imminent danger of causing irreversible
    42  or irreparable damage to the  public  health  or  environment--immediate
    43  action required;
    44    (2)  Significant  threat  to  the public health or environment--action
    45  required;
    46    (3) Does not present a significant threat  to  the  public  health  or
    47  environment--action may be deferred;
    48    (4) Site properly closed--requires continued management;
    49    (5)  Site properly closed, no evidence of present or potential adverse
    50  impact--no further action required.
    51    c. (1) Any owner or operator of a site listed pursuant to this section
    52  may petition the commissioner for deletion of such site, modification of
    53  the site classification, or modification of  any  information  regarding
    54  such  site by submitting a written statement in such form as the commis-
    55  sioner may require setting forth the grounds of the petition.

        A. 3008--B                         50
 
     1    (2) Within ninety days after  the  submittal  of  such  petition,  the
     2  commissioner  may convene an administrative hearing to determine whether
     3  a particular site should be deleted from the registry, receive  a  modi-
     4  fied  site  classification or whether any information regarding the site
     5  should  be modified. In any such hearing the burden of proof shall be on
     6  the petitioner. No less than  thirty  days  prior  to  the  hearing  the
     7  commissioner shall cause a notice of hearing to be published in the next
     8  available  environmental  notice  bulletin and in a newspaper of general
     9  circulation in the county in which the site is located. The commissioner
    10  shall also notify in writing any owner or operator of the site  no  less
    11  than  thirty  days  prior  to the hearing. The cost of any such hearing,
    12  including  the  cost  of  any  public  notification,  shall  be  at  the
    13  petitioner's expense.
    14    (3) No later than thirty days following receipt of the complete record
    15  as  that  term  is defined in the state administrative procedure act, or
    16  following the decision not to hold  a  hearing  the  commissioner  shall
    17  provide  the  owner or operator with a written determination accompanied
    18  by reason therefor regarding the deletion of such site, modification  of
    19  the  site  classification  or  modification of any information regarding
    20  such site. Any final decision rendered  by  the  commissioner  shall  be
    21  reviewable  under  article  seventy-eight  of the civil practice law and
    22  rules.
    23    (4) The commissioner may not delete any site from the registry without
    24  providing public notice no less than sixty days prior  to  the  proposed
    25  deletion.  Such notice of deletion shall be published in the next avail-
    26  able environmental notice bulletin and in a newspaper of general  circu-
    27  lation  in  the  county  in  which the site is located. The commissioner
    28  shall also notify in writing any owner  or  operator  of  the  site,  if
    29  applicable,  no less than sixty days prior to the proposed deletion. The
    30  commissioner shall provide a thirty-day period for submission of written
    31  comments and may provide an opportunity for submission of oral  comments
    32  at  a  public meeting at or near the site. The commissioner shall summa-
    33  rize any comments received and make the summary available to the public.
    34  The commissioner may convene  an  administrative  hearing  to  determine
    35  whether a particular site should be deleted from the registry, receive a
    36  modified  site  classification  or whether any information regarding the
    37  site should be modified.
    38    (5) The department shall notify, as soon as possible and within avail-
    39  able resources all public repositories of the registry of any  modifica-
    40  tions  or deletions to such registry. The department shall also note any
    41  such deletions or modifications in the next annual report  and  publica-
    42  tion of the registry.
    43    (6)  The department shall, within ten days of any determination notify
    44  the local governments of jurisdiction whenever a change is made  in  the
    45  registry pursuant to this subdivision.
    46    d.  Within  seven  months after the effective date of this subdivision
    47  the department shall notify by certified mail the owner of  all  or  any
    48  part  of each site or area included in the registry, of the inclusion of
    49  the site or area by mailing notice to such owner  at  the  owner's  last
    50  known address. Thereafter, fifteen days before any site or area is added
    51  to  the  registry,  the  department shall notify in writing by certified
    52  mail the owner of all or any part of such site or area of the  inclusion
    53  of such site or area by mailing notice to each such owner at the owner's
    54  last known address.
    55    e.  The  department  shall,  in  consultation  with  the department of
    56  health, evaluate existing site evaluation systems and  shall  develop  a

        A. 3008--B                         51
 
     1  system  to  select and prioritize sites for remedial action. Such system
     2  shall incorporate environmental,  natural  resource  and  public  health
     3  concerns.
     4    f.  The  department  shall  develop a site status reporting system and
     5  utilize such system to ensure that the registry required by  subdivision
     6  one  of  this  section provides a complete and up-to-date listing of all
     7  sites in each region.
     8    3. The department shall, as soon as possible but  in  no  event  later
     9  than  January  first,  two  thousand  nineteen,  and annually thereafter
    10  prepare and submit in writing a  "state  closed,  illegal  or  abandoned
    11  disposal  site  remedial plan," hereinafter referred to as "the plan" to
    12  the governor and legislature. In preparing, compiling and  updating  the
    13  plan, the department shall:
    14    a.  Conduct  or  cause  to  be  conducted field investigations of high
    15  priority sites listed in the registry for the purpose of further  defin-
    16  ing  necessary  remedial action.  To the maximum extent practicable, the
    17  department shall utilize existing information including, but not limited
    18  to, subsurface borings and any analyses or tests of samples  taken  from
    19  such  sites  by  owners  or operators, other responsible persons and any
    20  federal or non-federal agencies.
    21    b. Make any subsurface borings and any analyses or  tests  of  samples
    22  taken  as may be necessary or desirable to effectuate the field investi-
    23  gations of sites as required under this section subject to the  require-
    24  ments of this title.
    25    c. Make any record searches or document reviews as may be necessary or
    26  desirable  to  effectuate  the  purposes  of this section subject to the
    27  requirements of this title.
    28    d. Consider the effects on the health, environment and economy of  the
    29  state  when assessing the relative priority of sites as required by this
    30  section, especially any actual or significant  threat  of  direct  human
    31  contact or contamination of groundwater or drinking water.
    32    e.  Detail  the  recommended strategy, methods and time frame by which
    33  remedial action at sites shall be carried out, except that  no  informa-
    34  tion  or work product associated with actual or pending litigation shall
    35  be divulged unless otherwise required by law.
    36    f. Estimate, with reasonable specificity, based upon the field  inves-
    37  tigations, assessments, analyses, document reviews and other appropriate
    38  data  gathering,  the costs of remedial action for sites included in the
    39  plan, considering the appropriate methods and  techniques  as  currently
    40  exist  in the field of waste management and any such estimates or recom-
    41  mendations shall reflect such  costs  as  are  reasonably  necessary  to
    42  contain,  alleviate  or end the threat to life or health or to the envi-
    43  ronment.
    44    4. On or before July first, two thousand twenty and July first of each
    45  succeeding year, the department shall prepare a  status  report  on  the
    46  implementation  of  the  plan,  and  an  update of the policies, program
    47  objectives, methods and strategies as outlined in the plan  which  guide
    48  the overall closed, illegal or abandoned disposal waste site remediation
    49  program.  Such  status report shall reflect information available to the
    50  department as of March thirty-first of each year, and shall  include  an
    51  accounting of all monies expended or encumbered from the closed, illegal
    52  or  abandoned disposal site response account during the preceding fiscal
    53  year, such accounting to separately list:
    54    a. monies expended or encumbered for the purpose  of  conducting  site
    55  investigations;

        A. 3008--B                         52
 
     1    b. monies expended or encumbered for the purpose of conducting remedi-
     2  al investigations and feasibility studies;
     3    c. monies expended or encumbered for the purpose of conducting remedi-
     4  al design studies;
     5    d. monies expended or encumbered for the purpose of conducting remedi-
     6  al construction activities;
     7    e. monies expended or encumbered for operation, maintenance, and moni-
     8  toring activities;
     9    f. monies expended or encumbered for interim remedial measures;
    10    g.  monies  expended  or encumbered for administrative personnel costs
    11  associated with activities conducted at  closed,  illegal  or  abandoned
    12  disposal sites;
    13    h. monies expended or encumbered for oversight activities;
    14    i.  monies  expended  or encumbered in stand-by contracts entered into
    15  pursuant to section 3-0309 of this chapter and the  purposes  for  which
    16  these stand-by contracts were entered into; and
    17    j.  an  accounting  of  payments received and payments obligated to be
    18  received pursuant to this  title,  and  a  report  of  the  department's
    19  attempts to secure such obligations.
    20  § 27-3107. Use  and  reporting  of closed, illegal or abandoned disposal
    21               site response account.
    22    The closed, illegal or abandoned disposal response account established
    23  pursuant to subdivision one  of  section  ninety-seven-b  of  the  state
    24  finance  law  shall be made available, pursuant to appropriation, to the
    25  department for the following purposes of this title:
    26    1. enumeration and assessment of closed, illegal or abandoned disposal
    27  sites;
    28    2. investigation and environmental characterization of closed, illegal
    29  or abandoned disposal sites, including environmental sampling; and
    30    3. mitigation and cleanup of closed,  illegal  or  abandoned  disposal
    31  sites.
    32  § 27-3109. Regulations.
    33    The  department  shall  implement  rules and regulations necessary and
    34  appropriate to carry out the purposes of this title and shall at a mini-
    35  mum include such provisions for requisite  due  process  and  meaningful
    36  public  participation as are appropriate to any action undertaken pursu-
    37  ant to this title, taking into consideration the nature  and  degree  of
    38  any  public health impacts and the urgency of any need for investigation
    39  or remediation of contamination.
    40  § 27-3111. Municipal grants.
    41    When a municipality develops and implements pursuant to  an  agreement
    42  with the department a closed, illegal or abandoned disposal site remedi-
    43  al  program  as  approved by the department for a site which is owned or
    44  has been operated by such municipality or when the department,  pursuant
    45  to  an  agreement  with  a  municipality, develops and implements such a
    46  remedial program, the commissioner shall, in  the  name  of  the  state,
    47  agree in such agreement to provide from the closed, illegal or abandoned
    48  disposal site response account fund, within the limitations of appropri-
    49  ations  therefor,  seventy-five  percent  of  the  eligible  design  and
    50  construction costs of such remedial program for which such  municipality
    51  is  liable solely because of its ownership and/or operation of such site
    52  and which are not recovered from or reimbursed or paid by a  responsible
    53  party or the federal government.
    54    § 9. Section 3 of part G of chapter 60 of the laws of 2015, constitut-
    55  ing  the  New York State water infrastructure act of 2015, is amended by
    56  adding a new subdivision 6 to read as follows:

        A. 3008--B                         53
 
     1    6. Water quality infrastructure projects financed with  state  assist-
     2  ance  made  available  pursuant  to this section shall be subject to the
     3  requirements of article eight of the  labor  law,  the  requirements  of
     4  article  seventeen-B  of  the  executive  law,  and the requirements and
     5  provisions of all applicable minority- and women-owned business mandates
     6  including, but not limited to article fifteen-A of the executive law.
     7    §  10.  Subdivision  9  of  section  97-b  of the state finance law is
     8  REPEALED.
     9    § 11. The opening paragraph, and paragraphs i and j of  subdivision  4
    10  of  section 27-1305 of the environmental conservation law, as amended by
    11  section 3 of part E of chapter 1 of the laws of  2003,  are  amended  to
    12  read as follows:
    13    On or before July first, nineteen hundred eighty-six and July first of
    14  each  succeeding  year,  the department shall prepare a status report on
    15  the implementation of the plan, and an update of the  policies,  program
    16  objectives,  methods  and strategies as outlined in the plan which guide
    17  the overall inactive hazardous waste site remediation  program  and  the
    18  closed,  illegal  or abandoned disposal response site and drinking water
    19  contamination response programs. Such status report shall reflect infor-
    20  mation available to the department as  of  March  thirty-first  of  each
    21  year, and shall include an accounting of all [monies] moneys expended or
    22  encumbered  from  the environmental quality bond act of nineteen hundred
    23  eighty-six or the hazardous waste remedial  fund  during  the  preceding
    24  fiscal year, such accounting to separately list:
    25    i.  [monies]  moneys  expended  or  encumbered  in  stand-by contracts
    26  entered into pursuant to section 3-0309 of this chapter and the purposes
    27  for which these stand-by contracts were entered into; [and]
    28    j.  moneys expended or encumbered pursuant to  title  twelve  of  this
    29  article;
    30    k.  moneys expended or encumbered pursuant to title thirty-one of this
    31  article; and
    32    l. an accounting of payments received and  payments  obligated  to  be
    33  received  pursuant to this title and title twelve of this article, and a
    34  report of the department's attempts to secure such obligations.
    35    § 12. Subdivisions 1, 2 and 6 and the opening paragraph and paragraphs
    36  (i) and (j) of subdivision 3 of section 97-b of the state  finance  law,
    37  subdivision 1 and the opening paragraph of subdivision 3, as amended and
    38  paragraph  (j) of subdivision 3 as added by section 4 of part I of chap-
    39  ter 1 of the laws of 2003, subdivision 2 as amended by section 5 of part
    40  X of chapter 58 of the laws of 2015, paragraph (i) of subdivision  3  as
    41  amended by section 1 of part R of chapter 59 of the laws of 2007, subdi-
    42  vision 6 as amended by chapter 38 of the laws of 1985, are amended and a
    43  new paragraph (k) is added to subdivision 3 to read as follows:
    44    1. There is hereby established in the custody of the state comptroller
    45  a nonlapsing revolving fund to be known as the "hazardous waste remedial
    46  fund",  which  shall  consist  of a "site investigation and construction
    47  account", an "industry fee transfer account", an "environmental restora-
    48  tion project  account",  "hazardous  waste  cleanup  account",  [and]  a
    49  "hazardous waste remediation oversight and assistance account", "closed,
    50  illegal  or  abandoned  disposal  site  account"  and  a "drinking water
    51  contamination response account".
    52    2. Such fund shall consist of all of the following:
    53    (a) moneys appropriated for transfer to the fund's site  investigation
    54  and  construction  account;  (b) all fines and other sums accumulated in
    55  the fund prior to April first, nineteen hundred eighty-eight pursuant to
    56  section 71-2725 of the environmental conservation law for deposit in the

        A. 3008--B                         54
 
     1  fund's site investigation  and  construction  account;  (c)  all  moneys
     2  collected or received by the department of taxation and finance pursuant
     3  to  section 27-0923 of the environmental conservation law for deposit in
     4  the  fund's  industry fee transfer account; (d) all moneys paid into the
     5  fund pursuant to section 72-0201 of the environmental  conservation  law
     6  which  shall  be  deposited in the fund's industry fee transfer account;
     7  (e) all moneys paid into the fund pursuant to paragraph (b) of  subdivi-
     8  sion  one  of section one hundred eighty-six of the navigation law which
     9  shall be deposited in the fund's industry fee transfer account; (f)  all
    10  monies  recovered  under  sections  56-0503,  56-0505 and 56-0507 of the
    11  environmental conservation law into the fund's environmental restoration
    12  project account; (g) all fees paid into the  fund  pursuant  to  section
    13  72-0402  of  the environmental conservation law which shall be deposited
    14  in the fund's industry fee transfer account; (h) payments  received  for
    15  all  state  costs incurred in negotiating and overseeing the implementa-
    16  tion of brownfield site cleanup agreements pursuant to title fourteen of
    17  article twenty-seven of the  environmental  conservation  law  shall  be
    18  deposited  in  the  hazardous waste remediation oversight and assistance
    19  account; (i) all moneys recovered pursuant to title  twelve  of  article
    20  twenty-seven  of  the  environmental  conservation  law  into the fund's
    21  drinking water contamination  response  account;  and  [(i)]  (j)  other
    22  moneys credited or transferred thereto from any other fund or source for
    23  deposit in the fund's site investigation and construction account.
    24    Moneys  of  the  hazardous  waste  remedial fund, except monies in the
    25  industry fee transfer account, the drinking water contamination response
    26  account and the closed, illegal or abandoned disposal site account, when
    27  allocated, shall  be  available  to  the  departments  of  environmental
    28  conservation, health and law for the following purposes:
    29    (i)  with  respect  to moneys in the hazardous waste remediation over-
    30  sight and assistance account, non-bondable costs associated with hazard-
    31  ous waste remediation projects. Such costs shall be  limited  to  agency
    32  staff  costs  associated with the administration of state assistance for
    33  brownfield opportunity areas pursuant to section nine hundred  seventy-r
    34  of  the  general  municipal  law, agency staff costs associated with the
    35  administration of technical assistance grants pursuant to  titles  thir-
    36  teen and fourteen of article twenty-seven of the environmental conserva-
    37  tion  law,  and  costs  of  the department of environmental conservation
    38  related to the geographic information system required by section  3-0315
    39  of the environmental conservation law; [and]
    40    (j)  with  respect  to moneys in the hazardous waste remediation over-
    41  sight and assistance account, technical assistance  grants  pursuant  to
    42  titles  thirteen  and  fourteen  of article twenty-seven of the environ-
    43  mental conservation law[.]; and
    44    (k) no funds shall be available from the hazardous waste remedial fund
    45  for title 12 or title 31 of article 27 of the environmental conservation
    46  law, except pursuant to  subdivisions  sixteen  and  seventeen  of  this
    47  section.
    48    6.  The  commissioner  of the department of environmental conservation
    49  shall make all reasonable efforts to recover  the  full  amount  of  any
    50  funds  expended  from  the fund pursuant to paragraph (a) of subdivision
    51  three and subdivision sixteen of  this  section  through  litigation  or
    52  cooperative  agreements  with  responsible  persons.  Any and all moneys
    53  recovered or reimbursed  pursuant  to  this  section  through  voluntary
    54  agreements  or  court orders shall be deposited with the comptroller and
    55  credited to the account of such fund from which such  expenditures  were
    56  made.

        A. 3008--B                         55
 
     1    §  13.  Section 97-b of the state finance law is amended by adding two
     2  new subdivisions 16 and 17 to read as follows:
     3    16.  The  drinking  water  contamination response account, established
     4  pursuant to subdivision one of this section, is for purposes pursuant to
     5  title twelve of article twenty-seven of the  environmental  conservation
     6  law.
     7    17.  The  closed,  illegal  or abandoned disposal site account, estab-
     8  lished pursuant to subdivision one of  this  section,  is  for  purposes
     9  pursuant  to  title  thirty-one  of article twenty-seven of the environ-
    10  mental conservation law.
    11    § 14. Subdivision 4 of section 11-b of the soil and water conservation
    12  districts law, as amended by chapter 538 of the laws of 1996, is amended
    13  to read as follows:
    14    4. Eligible costs that may be funded  pursuant  to  this  section  are
    15  architectural   and  engineering  services,  plans  and  specifications,
    16  including watershed based or  individual  agricultural  nonpoint  source
    17  pollution assessments, consultant and legal services, conservation ease-
    18  ments  specific to title thirty-three of article fifteen of the environ-
    19  mental conservation law and other direct  expenses  related  to  project
    20  implementation.
    21    §  15. If any clause, sentence, paragraph, section or part of this act
    22  shall be adjudged by any court of competent jurisdiction to be  invalid,
    23  such judgment shall not affect, impair or invalidate the remainder ther-
    24  eof,  but  shall  be  confined in its operation to the clause, sentence,
    25  paragraph, section or part thereof directly involved in the  controversy
    26  in which such judgment shall have been rendered.
    27    § 16. This act shall take effect immediately.
 
    28                                   PART JJ
 
    29    Section 1. Paragraph (a) of subdivision 6 of section 92-s of the state
    30  finance  law,  as amended by chapter 432 of the laws of 1997, is amended
    31  to read as follows:
    32    (a) All moneys heretofore and hereafter deposited in the environmental
    33  protection transfer account shall be transferred by the  comptroller  to
    34  the solid waste account, the parks, recreation and historic preservation
    35  account,  the  climate  change  mitigation and adaptation account or the
    36  open space account upon the request of the director of the budget.
    37    § 2. Subdivision 5 of section 27-1012 of the  environmental  conserva-
    38  tion law, as amended by section 6 of part F of chapter 58 of the laws of
    39  2013, is amended to read as follows:
    40    5.  All monies collected or received by the department of taxation and
    41  finance pursuant to this title shall be deposited to the credit  of  the
    42  comptroller  with such responsible banks, banking houses or trust compa-
    43  nies as may be designated by the comptroller.  Such  deposits  shall  be
    44  kept  separate  and apart from all other moneys in the possession of the
    45  comptroller. The comptroller shall require adequate  security  from  all
    46  such depositories. Of the total revenue collected, the comptroller shall
    47  retain the amount determined by the commissioner of taxation and finance
    48  to  be  necessary  for refunds out of which the comptroller must pay any
    49  refunds to which a deposit initiator may be  entitled.  After  reserving
    50  the  amount  to  pay  refunds, the comptroller must, by the tenth day of
    51  each month, pay into the state treasury to the  credit  of  the  general
    52  fund  the  revenue deposited under this subdivision during the preceding
    53  calendar month and remaining to the comptroller's credit on the last day
    54  of that preceding month; provided, however, that, beginning April first,

        A. 3008--B                         56
 
     1  two thousand thirteen, and all fiscal years thereafter, [fifteen]  twen-
     2  ty-three  million  dollars plus all funds received from the payments due
     3  each fiscal year pursuant to subdivision four of this section in  excess
     4  of  the  greater  of  the amount received from April first, two thousand
     5  twelve through March thirty-first, two thousand thirteen or one  hundred
     6  twenty-two  million  two hundred thousand dollars, shall be deposited to
     7  the credit of the environmental protection fund established pursuant  to
     8  section ninety-two-s of the state finance law.
     9    §  2-a.  Subdivision  3  of  section 92-s of the state finance law, as
    10  amended by section 11 of part F of chapter 58 of the laws  of  2013,  is
    11  amended to read as follows:
    12    3.  Such  fund shall consist of the amount of revenue collected within
    13  the state from the amount of revenue, interest and  penalties  deposited
    14  pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
    15  amount of fees and penalties received from easements or leases  pursuant
    16  to  subdivision fourteen of section seventy-five of the public lands law
    17  and the money received as annual service  charges  pursuant  to  section
    18  four  hundred [four-l] four-n of the vehicle and traffic law, all moneys
    19  required to be deposited  therein  from  the  contingency  reserve  fund
    20  pursuant  to  section  two hundred ninety-four of chapter fifty-seven of
    21  the laws of nineteen hundred ninety-three, all  moneys  required  to  be
    22  deposited pursuant to section thirteen of chapter six hundred ten of the
    23  laws of nineteen hundred ninety-three, repayments of loans made pursuant
    24  to  section 54-0511 of the environmental conservation law, all moneys to
    25  be deposited from the Northville  settlement  pursuant  to  section  one
    26  hundred  twenty-four  of chapter three hundred nine of the laws of nine-
    27  teen hundred ninety-six, provided however, that such moneys  shall  only
    28  be  used  for the cost of the purchase of private lands in the core area
    29  of the central Suffolk pine barrens pursuant to a consent order with the
    30  Northville industries signed on  October  thirteenth,  nineteen  hundred
    31  ninety-four  and  the related resource restoration and replacement plan,
    32  the amount of penalties required to  be  deposited  therein  by  section
    33  71-2724 of the environmental conservation law, all moneys required to be
    34  deposited  pursuant to article thirty-three of the environmental conser-
    35  vation law, all fees collected pursuant to subdivision eight of  section
    36  70-0117  of  the  environmental  conservation  law, all moneys collected
    37  pursuant to title thirty-three of article fifteen of  the  environmental
    38  conservation  law,  beginning  with  the fiscal year commencing on April
    39  first, two thousand thirteen, and all fiscal years thereafter, [fifteen]
    40  twenty-three million dollars plus all funds received by the  state  each
    41  fiscal  year  in excess of the greater of the amount received from April
    42  first, two thousand twelve  through  March  thirty-first,  two  thousand
    43  thirteen or one hundred twenty-two million two hundred thousand dollars,
    44  from  the  payments  collected  pursuant  to subdivision four of section
    45  27-1012 of the environmental conservation law and  all  funds  collected
    46  pursuant  to  section  27-1015  of  the  environmental conservation law,
    47  provided such funds shall not be less than four million dollars for  the
    48  fiscal  year commencing April first, two thousand thirteen, and not less
    49  than eight million dollars for all fiscal years thereafter and all other
    50  moneys credited or transferred thereto from any  other  fund  or  source
    51  pursuant  to law. All such revenue shall be initially deposited into the
    52  environmental protection fund, for application as provided  in  subdivi-
    53  sion five of this section.
    54    § 2-b. Section 12 of part F of chapter 58 of the laws of 2013 amending
    55  the environmental conservation law and the state finance law relating to

        A. 3008--B                         57
 
     1  the  "Cleaner,  Greener NY Act of 2013", as amended by section 1 of part
     2  DD of chapter 58 of the laws of 2015, is amended to read as follows:
     3    §  12.  This  act shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2013; provided,
     5  however, that the amendments to subdivision 5-a of  section  27-1015  of
     6  the  environmental  conservation  law,  as added by section nine of this
     7  act, shall expire and be deemed repealed on April 1, [2017] 2019.
     8    § 3. This act shall take effect immediately and  shall  be  deemed  to
     9  have been in full force and effect on and after April 1, 2017.
 
    10                                   PART KK
 
    11    Section 1. Approximately 40 percent of the food produced in the United
    12  States  today goes uneaten. Much of this organic waste is disposed of in
    13  solid waste landfills, where its  decomposition  accounts  for  over  15
    14  percent  of  our nation's emissions of methane, a potent greenhouse gas.
    15  Meanwhile, an estimated 2.8 million New Yorkers are  facing  hunger  and
    16  food insecurity.  This legislation is designed to address these multiple
    17  challenges  by:   encouraging the prevention of food waste generation by
    18  commercial generators and residents; directing the  recovery  of  excess
    19  edible  food  from  high-volume  commercial  food  waste generators; and
    20  ensuring that a significant portion of inedible food  waste  from  large
    21  volume  food  waste  generators  is managed in a sustainable manner, and
    22  does not end up being sent to landfills or incinerators.
    23    § 2. Article 27 of the environmental conservation law  is  amended  by
    24  adding a new title 22 to read as follows:
    25                                  TITLE 22
    26                   FOOD DONATION AND FOOD SCRAPS RECYCLING
    27  Section 27-2201. Definitions.
    28          27-2203. Designated food scraps generator responsibilities.
    29          27-2205. Waste transporter responsibilities.
    30          27-2207. Transfer station.
    31          27-2209. Food scraps disposal prohibition.
    32          27-2211. Department responsibilities.
    33          27-2213. Regulations.
    34          27-2215. Exclusions.
    35          27-2217. Annual Report.
    36          27-2219. Severability.
    37  § 27-2201. Definitions.
    38    1.  "Designated food scraps generator" means a person who generates at
    39  a single location an annual average of two tons per week or more of food
    40  scraps based on a methodology established by the department pursuant  to
    41  regulations,  including,  supermarkets,  restaurants, higher educational
    42  institutions, hotels, food processors, correctional  facilities,  sports
    43  or  entertainment venues and health care facilities. For a location with
    44  multiple independent food service businesses, such as a mall or  college
    45  campus,  the  entity responsible for contracting for solid waste hauling
    46  services is responsible for managing food scraps  from  the  independent
    47  businesses.
    48    2.  "Excess  food"  means  edible food that is not sold or used by its
    49  generator.
    50    3. "Food scraps" means inedible food, trimmings from  the  preparation
    51  of  food,  food-soiled  paper, and edible food that is not donated. Food
    52  scraps shall not include any food identified in regulations  promulgated
    53  by the department in consultation with the department of agriculture and
    54  markets  or  any food which is subject to a recall or seizure due to the

        A. 3008--B                         58
 
     1  presence of pathogens, including but not limited to:  Listeria Monocyto-
     2  genes, confirmed Clostridium Botulinum, E. coli 0157:H7 and  all  salmo-
     3  nella in ready-to-eat foods.
     4    4.  "Organics recycler" means a facility, permitted by the department,
     5  that recycles food scraps through use as animal feed or a feed  ingredi-
     6  ent, rendering, land application, composting, aerobic digestion, anaero-
     7  bic  digestion, or ethanol production. Animal scraps, food soiled paper,
     8  and post-consumer food scraps are prohibited for use as animal  feed  or
     9  as a feed ingredient. The product created from food scraps by a compost-
    10  ing  or digestion facility, or other treatment system, must be used in a
    11  beneficial manner as a soil amendment and shall not be disposed of.
    12    5. "Person" means any business entity,  partnership,  company,  corpo-
    13  ration,  not-for-profit  corporation,  association, governmental entity,
    14  public benefit corporation, public authority, firm, organization or  any
    15  other group of individuals.
    16    6. "Single location" means contiguous property under common ownership,
    17  which may include one or more buildings.
    18    7.  "Incinerator"  shall  have the same meaning as provided in section
    19  72-0401 of this chapter.
    20    8. "Landfill" shall have the  same  meaning  as  provided  in  section
    21  72-0401 of this chapter.
    22    9. "Transfer station" means a solid waste management facility, whether
    23  owned  or  operated by a private or public entity, other than a recycla-
    24  bles  handling  and  recovery  facility,  used  oil   facility,   or   a
    25  construction  and  demolition  debris  processing  facility, where solid
    26  waste is received for the purpose  of  subsequent  transfer  to  another
    27  solid  waste  management  facility  for  processing, treating, disposal,
    28  recovery, or further transfer.
    29  § 27-2203. Designated food scraps generator responsibilities.
    30    1. Effective January first, two thousand twenty-one:
    31    (a) all designated food scraps generators shall separate their  excess
    32  food  for donation for human consumption to the maximum extent practica-
    33  ble, and in accordance  with  applicable  laws,  rules  and  regulations
    34  related to food donation; and
    35    (b)  except  as  provided  in  paragraph (c) of this subdivision, each
    36  designated food scraps generator that is  within  fifteen  miles  of  an
    37  organics  recycler,  to  the  extent  that  the recycler has capacity to
    38  accept all of such generator's food scraps  based  on  the  department's
    39  yearly  estimate  of  an organic recyclers' capacity pursuant to section
    40  27-2211 of this title, shall:
    41    (i) separate its remaining food scraps from other solid waste;
    42    (ii) ensure proper  storage  for  food  scraps  on  site  which  shall
    43  preclude  such  materials  from  becoming odorous or attracting vectors,
    44  such as a container that has a lid and a latch that keeps the lid closed
    45  and is resistant to tampering by  rodents  or  other  wildlife  and  has
    46  sufficient capacity;
    47    (iii)  have  information  available and provide training for employees
    48  concerning the proper methods to separate and store food scraps; and
    49    (iv) obtain a transporter that will deliver food scraps to an organics
    50  recycler, self-haul its food scraps to an organics recycler, or  provide
    51  for  organics  recycling  on-site  via  in vessel composting, aerobic or
    52  anaerobic digestion or any other method of processing organic waste that
    53  the department approves by regulation, for some or all of the food waste
    54  it generates on its premises, provided that the remainder  is  delivered
    55  to an organics recycler.

        A. 3008--B                         59
 
     1    (c)  The  provisions  of  paragraph  (b) of this subdivision shall not
     2  apply to any designated food scraps generator that has all of its  solid
     3  waste  processed  in a mixed solid waste composting or mixed solid waste
     4  anaerobic digestion facility.
     5    2. All designated food scraps generators shall submit an annual report
     6  to the department on or before March first, two thousand twenty-two, and
     7  annually  thereafter,  in  an  electronic format. The annual report must
     8  summarize the amount of excess food donated, the amount of  food  scraps
     9  recycled, the organics recycler or recyclers and associated transporters
    10  used, and any other information as required by the department.
    11    3.  A designated food scraps generator may petition the department for
    12  a temporary waiver from some or all of the requirements of  this  title.
    13  The petition must include evidence of undue hardship based on:
    14    (a)  the  designated  food scraps generator does not meet the two tons
    15  per week threshold;
    16    (b) the cost of processing organic waste is not reasonably competitive
    17  with the cost of disposing of waste by landfill;
    18    (c) the organics recycler does not have sufficient  capacity,  despite
    19  the department's calculation; or
    20    (d) the unique circumstances of the generator.
    21    A waiver shall be no longer than one year in duration provided, howev-
    22  er, the department may renew such waiver.
    23  § 27-2205. Waste transporter responsibilities.
    24    1.  Any waste transporter that collects food scraps for recycling from
    25  a designated food scraps generator shall:
    26    (a) deliver food scraps to a transfer station that will  deliver  such
    27  food scraps to an organics recycler unless such generator has received a
    28  temporary  waiver  under  subdivision  three  of section 27-2203 of this
    29  title; or
    30    (b) deliver such food scraps directly to an organics recycler.
    31    2. Any waste transporter that collects food scraps from  a  designated
    32  food  scraps  generator  shall  take  all  reasonable precautions to not
    33  deliver those food scraps to an incinerator or a landfill nor  commingle
    34  the material with any other solid waste unless such commingled waste can
    35  be  processed  by  an  organics  recycler  or  unless such generator has
    36  received a temporary waiver under subdivision three of  section  27-2203
    37  of this title.
    38  § 27-2207. Transfer station.
    39    Any  transfer station that receives food scraps from a designated food
    40  scraps generator must ensure that the food scraps are taken to an organ-
    41  ics recycler unless such generator has received a temporary waiver under
    42  subdivision three of section 27-2203 of this title. A  transfer  station
    43  shall take all reasonable precautions to not commingle the material with
    44  any  other  solid waste unless such commingled waste can be processed by
    45  an organics recycler.
    46  § 27-2209. Food scraps disposal prohibition.
    47    Incinerators and landfills shall take all  reasonable  precautions  to
    48  not  accept  food scraps from designated food scraps generators required
    49  to send their food scraps to an  organics  recycler  as  outlined  under
    50  section  27-2203  of this title, after January first, two thousand twen-
    51  ty-one, unless the designated  food  scraps  generator  has  received  a
    52  temporary  waiver  under  subdivision  three  of section 27-2203 of this
    53  title.
    54  § 27-2211. Department responsibilities.
    55    1. The department shall, following public hearings after  promulgating
    56  regulations,  publish on its website: (a) the methodology the department

        A. 3008--B                         60
 
     1  will use to determine who is a designated food scrap generator; (b)  the
     2  waiver  process; (c) procedures to minimize odors and vectors; and (d) a
     3  list of all designated food scraps generators, organics  recyclers,  and
     4  all waste transporters that manage source-separated organics.
     5    2.  No  later than June first, two thousand twenty and annually there-
     6  after, the department shall assess the capacity of each organic recycler
     7  and notify designated food scraps generators if  they  are  required  to
     8  comply  with  the  provisions  of  paragraph  (b)  of subdivision one of
     9  section 27-2203 of this title.
    10    3. The department shall develop and make available educational materi-
    11  als to assist designated food scraps  generators  with  compliance  with
    12  this  title.  The  department  shall also develop education materials on
    13  food waste minimization  and  encourage  municipalities  to  disseminate
    14  these  materials both on their municipal websites and in any such future
    15  mailings to their residents as they may distribute.
    16    4. The department shall regulate organics  recyclers  to  ensure  that
    17  their  activities  do  not  impair water quality or otherwise harm human
    18  health and the environment.
    19  § 27-2213. Regulations.
    20    The department shall promulgate rules  and  regulations  necessary  to
    21  implement  the  provisions  of  this title including how designated food
    22  scraps generators shall comply with the provisions of paragraph (a)  and
    23  subparagraph  (i) of paragraph (b) of subdivision one of section 27-2203
    24  of this title.
    25  § 27-2215. Exclusions.
    26    1. This title shall not apply to any designated food scraps generators
    27  located in a city with a population of one million or more which  has  a
    28  local law, ordinance or regulation in place which requires the diversion
    29  of excess food and food scraps from disposal.
    30    2.  This  title  does not apply to hospitals, elementary and secondary
    31  schools.
    32  § 27-2217. Annual report.
    33    No later than January first, two thousand twenty-two, and on an annual
    34  basis thereafter, the department shall submit an annual  report  to  the
    35  governor  and  legislature describing the operation of the food donation
    36  and food scraps  recycling  program  including  amount  of  excess  food
    37  donated,  amount  of food scraps recycled, sample educational materials,
    38  and number of waivers provided.
    39  § 27-2219. Severability.
    40    The provisions of this title shall be severable  and  if  any  portion
    41  thereof  or  the  applicability thereof to any person or circumstance is
    42  held invalid, the remainder of this title and  the  application  thereof
    43  shall not be affected thereby.
    44    § 3. This act shall take effect immediately.
 
    45                                   PART LL
 
    46                            Intentionally Omitted
 
    47                                   PART MM
 
    48    Section  1.  Expenditures  of  moneys  by  the  New  York state energy
    49  research and development authority for  services  and  expenses  of  the
    50  energy   research,  development  and  demonstration  program,  including
    51  grants, the energy policy and planning program, the zero emissions vehi-
    52  cle and electric vehicle rebate program, and the Fuel NY  program  shall

        A. 3008--B                         61
 
     1  be  subject  to  the  provisions  of  this  section. Notwithstanding the
     2  provisions of subdivision 4-a of section 18-a of the public service law,
     3  all moneys committed or expended in an amount not to exceed  $19,700,000
     4  shall  be  reimbursed by assessment against gas corporations, as defined
     5  in subdivision 11 of section 2 of the public service  law  and  electric
     6  corporations  as  defined  in  subdivision 13 of section 2 of the public
     7  service law, where such gas corporations and electric corporations  have
     8  gross  revenues from intrastate utility operations in excess of $500,000
     9  in the preceding calendar year,  and  the  total  amount  which  may  be
    10  charged  to  any  gas corporation and any electric corporation shall not
    11  exceed one cent per one thousand cubic feet of gas sold  and  .010  cent
    12  per  kilowatt-hour  of  electricity  sold  by such corporations in their
    13  intrastate utility operations in calendar year 2015. Such amounts  shall
    14  be  excluded  from the general assessment provisions of subdivision 2 of
    15  section 18-a of the public service law. The chair of the public  service
    16  commission  shall  bill  such  gas and/or electric corporations for such
    17  amounts on or before August 10, 2017 and such amounts shall be  paid  to
    18  the  New  York  state  energy  research  and development authority on or
    19  before September 10, 2017. Upon  receipt,  the  New  York  state  energy
    20  research and development authority shall deposit such funds in the ener-
    21  gy  research  and  development  operating  fund  established pursuant to
    22  section 1859 of the public authorities law. The New  York  state  energy
    23  research  and  development  authority is authorized and directed to: (1)
    24  transfer $1 million to the state general fund for services and  expenses
    25  of the department of environmental conservation and to transfer $750,000
    26  to  the University of Rochester laboratory for laser energetics from the
    27  funds received; and (2) commencing in 2017, provide to the chair of  the
    28  public  service commission and the director of the budget and the chairs
    29  and secretaries of the  legislative  fiscal  committees,  on  or  before
    30  August  first  of each year, an itemized record, certified by the presi-
    31  dent and chief executive officer of the authority, or his or her  desig-
    32  nee,  detailing  any  and all expenditures and commitments ascribable to
    33  moneys received as a result of this  assessment  by  the  chair  of  the
    34  department  of  public  service  pursuant  to section 18-a of the public
    35  service law.  This itemized record shall include an  itemized  breakdown
    36  of the programs being funded by this section and the amount committed to
    37  each  program.   The authority shall not commit for any expenditure, any
    38  moneys derived from the assessment provided for in this  section,  until
    39  the  chair  of  such authority shall have submitted, and the director of
    40  the budget shall have approved, a comprehensive  financial  plan  encom-
    41  passing  all  moneys  available  to  and all anticipated commitments and
    42  expenditures by such authority from any source  for  the  operations  of
    43  such  authority.    Copies  of the approved comprehensive financial plan
    44  shall be immediately submitted by the chair to  the  chairs  and  secre-
    45  taries  of  the  legislative  fiscal  committees.    Any such amount not
    46  committed by such authority to contracts or contracts to be  awarded  or
    47  otherwise  expended  by  the  authority  during the fiscal year shall be
    48  refunded by such authority on a pro-rata basis to such gas and/or  elec-
    49  tric  corporations,  in  a  manner to be determined by the department of
    50  public service.
    51    § 2. This act shall take effect immediately and  shall  be  deemed  to
    52  have been in full force and effect on and after April 1, 2017.
 
    53                                   PART NN

        A. 3008--B                         62
 
     1    Section  1. Subdivision 18-a of section 1261 of the public authorities
     2  law is REPEALED.
     3    § 2. This act shall take effect immediately.
 
     4                                   PART OO

     5    Section  1.  The  public  authorities  law  is amended by adding a new
     6  section 569-e to read as follows:
     7    § 569-e. Prohibition on certain lighting. No ornamental roadway light-
     8  ing, as such term is defined by section one hundred forty-three  of  the
     9  public  buildings  law,  shall be installed or operated on any bridge or
    10  tunnel of the authority.
    11    § 2. This act shall take effect immediately.
 
    12                                   PART PP
 
    13    Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
    14  the  New  York  state  urban  development corporation act, is amended by
    15  adding a new section 32-a to read as follows:
    16    § 32-a. Special provisions relating to economic development  entities.
    17  (1)  For  the purposes of this section, an "economic development entity"
    18  shall mean any entity created by the  executive  branch,  including  the
    19  executive chamber of the governor and lieutenant governor, and any state
    20  agency  whose  function  includes  providing  advice, recommendations or
    21  determinations to or on behalf of the  executive  branch  or  any  state
    22  agency, as defined in paragraph (b) of subdivision one of section seven-
    23  ty-three-a of the public officers law, on the allocation or disbursement
    24  of state or federal monies or tax credits and/or benefits.
    25    (2)  (a)  The  provisions  of article seven of the public officers law
    26  applicable to public bodies shall apply to an economic development enti-
    27  ty.
    28    (b) The provisions of article six of the public officers law  applica-
    29  ble to agencies shall apply to an economic development entity.  In addi-
    30  tion to the requirements of subdivision three of section eighty-seven of
    31  the  public  officers law, an economic development entity shall maintain
    32  and make available  for  public  inspection  and  copying  any  and  all
    33  proposals  submitted  to  it  through a centralized application process,
    34  including the consolidated funding applications process, except that  an
    35  economic  development  entity  may  redact  or  withhold  portions  of a
    36  proposal if such portion would be exempt  from  disclosure  pursuant  to
    37  article six of the public officers law.
    38    (c)  For the purpose of section seventy-three-a of the public officers
    39  law, any member of an economic development  entity  shall  be  deemed  a
    40  state  officer  or employee and shall be deemed a policy maker and shall
    41  file an annual statement of financial disclosure set forth  in  subdivi-
    42  sion three of section seventy-three-a of the public officers law.
    43    (d)  The provisions of section seventy-four of the public officers law
    44  applicable to an officer or employee of a state agency  shall  apply  to
    45  any member of an economic development entity.
    46    §  2.  This act shall take effect immediately; provided, however, that
    47  those incumbents who have not filed a disclosure form for  the  calendar
    48  year  2016 shall have thirty days from the effective date of this act to
    49  file such form with the joint commission on public ethics.
 
    50                                   PART QQ

        A. 3008--B                         63
 
     1    Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
     2  the  New  York  state  urban  development corporation act, is amended by
     3  adding a new section 52 to read as follows:
     4    §  52.  Reporting.  (1) Definitions. For the purposes of this section,
     5  the following terms shall have the following meanings:
     6    (a) "Economic development benefits" shall mean the available state  or
     7  federal resources including but not limited to state grants, loans, loan
     8  guarantees,  surety  bonding guarantees, loan interest subsidies, and/or
     9  subsidies, and tax credits and/or benefits allocated through the  corpo-
    10  ration; and
    11    (b) "Qualified participant" shall mean an individual, business, or any
    12  other  entity  that  has applied for and received approval for and/or is
    13  the beneficiary of, any economic development benefits under any economic
    14  development program overseen by the New  York  state  urban  development
    15  corporation  or economic development benefits that were originally allo-
    16  cated to the corporation or that flow through the corporation.
    17    (2) Report. Commencing on June first, two thousand seventeen and annu-
    18  ally thereafter, a qualified participant shall provide a report  to  the
    19  corporation for the prior state fiscal year in the form prescribed here-
    20  under  with  regard to projected and actual jobs created and retained in
    21  connection with any related economic development benefits. To the extent
    22  that a qualified participant is required to report the same and/or simi-
    23  lar information as required hereunder, the president of the empire state
    24  development corporation may deem such qualified  participant  to  be  in
    25  compliance  with  the  requirements of this section upon such reporting.
    26  The report shall contain for the prior state fiscal year, the  following
    27  information:
    28    (a) the qualified participant's name and location;
    29    (b)  the  time  span over which the qualified participant is to or has
    30  received economic development benefits;
    31    (c) the type of such economic development  benefits  provided  to  the
    32  qualified  participant,  including  the  name of the program or programs
    33  through which economic development benefits are provided;
    34    (d) the total number of employees at all sites covered by the  project
    35  at  the  time of the project agreement including the number of permanent
    36  full-time jobs, the number of permanent part-time jobs,  the  number  of
    37  full-time equivalents, and the number of contract employees;
    38    (e)  the number of jobs that the qualified participant receiving bene-
    39  fits is contractually obligated to retain and create over  the  life  of
    40  the project, except that such information shall be reported on an annual
    41  basis for project agreements containing annual job retention or creation
    42  requirements, and for each reporting year, the base employment level the
    43  entity receiving benefits agrees to retain over the life of the project,
    44  any  job creation scheduled to take place as a result of the project and
    45  where applicable, any job creation targets  for  the  current  reporting
    46  year;
    47    (f)  the  amount  of  economic  development benefits received from the
    48  corporation and any other state entity during the year  covered  by  the
    49  report,  the  amount of economic development benefits received since the
    50  beginning of the project period, and the present value  of  the  further
    51  economic  development benefits estimated to be given for the duration of
    52  the project period;
    53    (g) for the current reporting year, the total actual number of employ-
    54  ees at all sites covered by the project, including the number of  perma-
    55  nent  full-time jobs, the number of permanent part-time jobs, the number

        A. 3008--B                         64
 
     1  of contract jobs, the number of jobs filled by minorities or women,  and
     2  salaries for all employees;
     3    (h)  whether  the  employer  offers  health  benefits to all full-time
     4  employees and to all part-time employees; and
     5    (i) a statement of compliance indicating whether, during  the  current
     6  reporting  year,  the  corporation  has reduced, cancelled or recaptured
     7  economic development benefits for such qualified  participant,  and,  if
     8  so,  the  total  amount of the reduction, cancellation or recapture, and
     9  any penalty assessed and the reasons therefor.
    10    (3) Searchable state subsidy and  benefits  database.  Notwithstanding
    11  any  laws  to  the  contrary,  the  corporation, in cooperation with the
    12  commissioner of economic development, shall create or modify an existing
    13  searchable database for the consolidation and public reporting of infor-
    14  mation collected through the reporting requirement as defined in  subdi-
    15  vision  two  of  this  section. Beginning on October first, two thousand
    16  seventeen, the corporation shall make all reported data on the  searcha-
    17  ble database available to the public on its website. Such database shall
    18  be updated on a quarterly basis with qualified participants added to any
    19  programs and any new data provided by existing qualified participants.
    20    (4)  Certification  regarding reporting. The corporation shall certify
    21  to the New York state authorities budget office and post to its  website
    22  that  it  has fulfilled all of its reporting requirements as required by
    23  law, rules, regulations, or  executive  orders.  The  corporation  shall
    24  provide a list of all reports, the due dates of such reports, and certi-
    25  fy  to the New York state authorities budget office that each report has
    26  been submitted to the individual, office, or  entity  as  prescribed  by
    27  applicable laws, rules, and regulations.
    28    (5)  Oversight.  (a)  The  empire  state development corporation shall
    29  maintain files on all applicants and qualified  participants  that  have
    30  requested  or  received economic development benefits through a project,
    31  program or fund administered, coordinated, or utilized  by  such  corpo-
    32  ration,  including  projects  submitted  through  a consolidated funding
    33  application. Such files must include the specific, objective, and  quan-
    34  tifiable  criteria  for scoring applications submitted for consideration
    35  for economic development benefits. Such corporation shall make all  such
    36  files  available  for inspection and auditing by the office of the state
    37  comptroller.
    38    (b) The empire state development  corporation  shall  provide  written
    39  notice  thirty days prior to the announcement of all awards for economic
    40  benefit to the chair of the senate finance committee and  the  chair  of
    41  the  assembly  ways  and  means  committee. Such notice must include the
    42  intent to distribute such funds for a project, program or fund  adminis-
    43  tered,  coordinated,  or utilized by such corporation. Such notice shall
    44  include, but not be limited to, the methodology used in determining  the
    45  availability  of  funding  resources  for  projects,  information on the
    46  criteria used to evaluate projects, any project specific descriptions or
    47  requirements for receiving such funds, any project specific plan for the
    48  distribution and disbursement of such funds, and  the  availability  and
    49  amount  of  federal  or  private sector matching funds. The commissioner
    50  shall provide written notice when a  previously  approved  project  with
    51  allocated  funds  will  no  longer  go  forward, including the necessary
    52  reporting requirements for any substitute projects.
    53  Within sixty days of the effective date of this subdivision, the commis-
    54  sioner shall provide a written report to the chair of the senate finance
    55  committee and the chair of the assembly ways and means committee on  all
    56  awards made pursuant to this section prior to the effective date of this

        A. 3008--B                         65
 
     1  subdivision,  including  all information that is required to be included
     2  in the notice requirements of this subdivision.
     3    §  2. Section 100 of the economic development law is amended by adding
     4  a new subdivision 18-j to read as follows:
     5    18-j. to establish, in cooperation with the urban  development  corpo-
     6  ration  and  other  state  entities, and in a manner consistent with the
     7  provisions of section fifty-two of  the  urban  development  corporation
     8  act:
     9    (a)  reporting  requirements  of all qualified participants defined as
    10  those who receive  economic  development  benefits  through  a  project,
    11  program or fund administered, coordinated, or utilized by the department
    12  or in conjunction with the urban development corporation; and
    13    (b)  a  searchable  subsidy  database  that  consolidates  information
    14  collected through reporting requirements.
    15    § 3. This act shall take effect immediately.

    16                                   PART RR
 
    17    Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
    18  the  New  York  state  urban  development corporation act, is amended by
    19  adding a new section 52 to read as follows:
    20    § 52. Small business innovation research (SBIR)/small  business  tech-
    21  nology  transfer (STTR) technical assistance program. 1. The small busi-
    22  ness innovation research/small business  technology  transfer  technical
    23  assistance  program,  hereafter  referred to as "the program", is hereby
    24  created in the corporation for the purposes of providing funds to eligi-
    25  ble entities to provide technical assistance to small businesses of  one
    26  hundred  employees  or  less  and located in New York state in competing
    27  successfully for grants made available through phase I  of  the  federal
    28  small  business  innovation  research program as enacted pursuant to the
    29  small business innovation development act of 1982, and the  small  busi-
    30  ness  technology  transfer  act of 1982, so as to increase the number of
    31  phase I SBIR and STTR award winners within the state.
    32    2. Technical assistance services under this section may  include,  but
    33  are not limited to:
    34    (a)  outreach  to  small  businesses to promote awareness of SBIR/STTR
    35  program solicitations;
    36    (b) counseling to determine  the  ability  of  a  business  to  pursue
    37  SBIR/STTR  phase I funding, the technology match with the federal agency
    38  solicitation to be pursued, the qualifications of personnel involved  in
    39  the proposed project, and the level of support needed from the technical
    40  assistance program to produce a competitive application; and
    41    (c) proposal preparation assistance including grant writing, technolo-
    42  gy evaluation, and general proposal evaluation.
    43    3.  In  determining whether to provide technical assistance authorized
    44  pursuant to this section to a small business,  eligible  entities  shall
    45  consider  the  probability  of  such  business commercializing any inno-
    46  vations resulting from research funded by an SBIR or STTR award  in  New
    47  York state.
    48    4.  Eligible entities. (a) Entities that are eligible to receive funds
    49  under this section shall have demonstrable  experience  and  success  in
    50  providing  technical assistance authorized pursuant to this section, and
    51  as determined by the corporation, and shall include:
    52    (i) centers for advanced technology established  pursuant  to  section
    53  thirty-one hundred two-b of the public authorities law;

        A. 3008--B                         66
 
     1    (ii)  technology  development  corporations  established  pursuant  to
     2  section thirty-one hundred two-d of the public authorities law;
     3    (iii) state university of New York engineering schools that administer
     4  the strategic partnership for industrial resurgence program; and
     5    (iv) centers of excellence established pursuant to section 3 of part T
     6  of  chapter  84  of the laws of 2002 and section four hundred ten of the
     7  economic development law.
     8    (b) Preference for receiving funds under this section shall  be  given
     9  to  entities  that  partner  with other eligible entities to provide the
    10  full range of technical assistance services as specified in  subdivision
    11  two of this section.
    12    (c) Entities receiving funds under this section shall match such funds
    13  on  a  one-to-one  basis. Such match shall consist of actual cash, sala-
    14  ries, staff time, or expenses directly attributable to the  purposes  of
    15  this section. Overhead costs may not be included in the match.
    16    5. Use of funds. (a) Funds can be used for costs related to conducting
    17  outreach  to  small businesses to promote awareness of SBIR/STTR program
    18  solicitations, grant preparation and  review,  and  printing  costs  and
    19  supplies associated with the submission of grants.
    20    (b)  From  such  funds  as may be appropriated for this purpose by the
    21  legislature, the corporation shall make competitive awards  annually  in
    22  amounts of up to two hundred thousand dollars to providers of assistance
    23  pursuant to this section.
    24    6. Reporting requirements. (a) Entities receiving funds shall annually
    25  provide to the corporation details on the following:
    26    (i)  description  of  small  businesses  served,  including technology
    27  focus, business size and location;
    28    (ii) SBIR and STTR grants applied for and  received  as  a  result  of
    29  assistance provided; and
    30    (iii) any other information deemed appropriate by the corporation.
    31    (b) The corporation shall include the information provided pursuant to
    32  subdivision  five of this section in the annual report filed pursuant to
    33  section four hundred four of the economic development law.
    34    (c) On or before February first, two  thousand  eighteen,  the  corpo-
    35  ration  shall  evaluate  the  effectiveness  of  the SBIR/STTR technical
    36  assistance program and report such findings to the governor and legisla-
    37  ture. The corporation shall also make recommendations as to  the  appro-
    38  priateness  of  expanding the program to provide assistance to SBIR/STTR
    39  phase II applicants.
    40    § 2. Section 3102-c of the public authorities law is REPEALED.
    41    § 3. This act shall take effect immediately.
 
    42                                   PART SS
 
    43    Section 1. Section 1 of subpart H of part C of chapter 20 of the  laws
    44  of  2015,  appropriating  money  for  certain municipal corporations and
    45  school districts, as added by section 1 of part BB of chapter 58 of  the
    46  laws of 2016, is amended to read as follows:
    47    Section  1.  Contingent  upon  available  funding,  and  not to exceed
    48  $30,000,000, moneys from the  urban  development  corporation  shall  be
    49  available  for a local government entity, which for the purposes of this
    50  section shall mean a county, city, town,  village,  school  district  or
    51  special  district,  where  (i)  on  or  after June 25, 2015, an electric
    52  generating facility located within  such  local  government  entity  has
    53  ceased  operations,  and  (ii) the closing of such facility has caused a
    54  reduction in the real property tax collections or payments  in  lieu  of

        A. 3008--B                         67
 
     1  taxes of at least twenty percent owed by such electric generating facil-
     2  ity.  Such  moneys attributable to the cessation of operations, shall be
     3  paid annually on a first come, first served basis by the urban  develop-
     4  ment  corporation  to  such  local government entity within a reasonable
     5  time upon confirmation from  the  state  office  of  real  property  tax
     6  services  or  the  local  industrial  development  authority established
     7  pursuant to titles eleven and fifteen of article  eight  of  the  public
     8  authorities  law, or the local industrial development agency established
     9  pursuant to article eighteen-A of the general municipal  law  that  such
    10  cessation  has  resulted  in  a  reduction  in  the  real  property  tax
    11  collections or payments in lieu of taxes, provided,  however,  that  the
    12  urban development corporation shall not provide assistance to such local
    13  government  entity  for  more  than  [five] seven years, and shall [not]
    14  award [in the first year more than eighty percent of] payments  reflect-
    15  ing  the  loss  of  revenues  due  to  the cessation of operations[.] as
    16  follows:
 
    17          Award Year                Maximum Potential Award
    18              1           no more than eighty percent of loss of revenues
    19              2           no more than seventy percent of loss of revenues
    20              3           no more than sixty percent of loss of revenues
    21              4           no more than fifty percent of loss of revenues
    22              5           no more than forty percent of loss of revenues
    23              6           no more than thirty percent of loss of revenues
    24              7           no more than twenty percent of loss of revenues
 
    25    A local government entity shall be eligible for only  one  payment  of
    26  funds hereunder per year.  A local government entity may seek assistance
    27  under  the electric generation facility cessation mitigation fund once a
    28  generator has submitted its notice to the federally designated  electric
    29  bulk  system  operator (BSO) serving the state of New York of its intent
    30  to retire the facility or of its intent to voluntarily remove the facil-
    31  ity from service subject to  any  return-to-service  provisions  of  any
    32  tariff,  and  that the facility also is ineligible to participate in the
    33  markets operated by the BSO. The date of submission of a  local  govern-
    34  ment  entity's  application  for assistance shall establish the order in
    35  which assistance is paid to program applicants, except that in no  event
    36  shall  assistance  be  paid to a local government entity until such time
    37  that an electric generating facility has retired or become ineligible to
    38  participate in the markets operated by the BSO.  For  purposes  of  this
    39  section,  any local government entity seeking assistance under the elec-
    40  tric generation facility cessation mitigation fund must submit an attes-
    41  tation to the department of public service that a facility is no  longer
    42  producing electricity and is no longer participating in markets operated
    43  by  the BSO. After receipt of such attestation, the department of public
    44  service shall confirm such information with the BSO. In  the  case  that
    45  the  BSO  confirms to the department of public service that the facility
    46  is no longer producing electricity and participating in markets operated
    47  by such BSO, it shall be deemed that the  electric  generating  facility
    48  located  within  the  local  government entity has ceased operation. The
    49  department of public service shall  provide  such  confirmation  to  the
    50  urban  development  corporation  upon  receipt. The determination of the
    51  amount of such annual payment shall be determined by  the  president  of
    52  the  urban  development corporation based on the amount of the differen-
    53  tial between the annual real property taxes  and  payments  in  lieu  of
    54  taxes  imposed  upon  the facility, exclusive of interest and penalties,

        A. 3008--B                         68
 
     1  during the last year of operations and the current real  property  taxes
     2  and  payments  in  lieu of taxes imposed upon the facility, exclusive of
     3  interest and penalties. The total amount awarded from this program shall
     4  not exceed $30,000,000.
     5    §  2.  This act shall take effect immediately; provided, however, that
     6  the amendments to subpart H of part C of chapter 20 of the laws of  2015
     7  made  by  section  one  of  this act shall not affect the repeal of such
     8  subpart and shall be deemed repealed therewith.
 
     9                                   PART TT
 
    10    Section 1. Declaration of legislative intent and findings. The  legis-
    11  lature finds and declares that it is in the public interest of the state
    12  of  New  York for architectural paint producers to finance and manage an
    13  environmentally sound, cost-effective  architectural  paint  stewardship
    14  program,  undertaking responsibility for the development and implementa-
    15  tion of strategies to reduce the generation of  post-consumer  architec-
    16  tural  paint, promote the reuse of post-consumer architectural paint and
    17  collect, transport and process  post-consumer  architectural  paint  for
    18  end-of-product-life management, including reuse and recycling.
    19    §  2.  Article  27 of the environmental conservation law is amended by
    20  adding a new title 20 to read as follows:
    21                                  TITLE 20
    22                          PAINT STEWARDSHIP PROGRAM
    23  Section 27-2001. Short title.
    24          27-2003. Declaration of policy.
    25          27-2005. Definitions.
    26          27-2007. Producer collection.
    27          27-2009. Producer registration and responsibilities.
    28          27-2011. Retailer requirements.
    29          27-2013. Department responsibilities.
    30          27-2015. Reporting requirements.
    31          27-2017. Collective participation.
    32  § 27-2001. Short title.
    33    This title shall be known as and may be cited as the "New  York  state
    34  paint stewardship program".
    35  § 27-2003. Declaration of policy.
    36    It is hereby declared to be the public policy of the state of New York
    37  to  promote  the  development and implementation of strategies to reduce
    38  the generation of post-consumer architectural paint,  to  encourage  the
    39  reuse   of  post-consumer  architectural  paint,  and  to  maximize  the
    40  collection, transport, and process of post-consumer architectural  paint
    41  for end-of-product-life management.
    42  § 27-2005. Definitions.
    43    When used in this title:
    44    1.  "architectural  paint"  means  interior and exterior architectural
    45  coatings sold in containers of five gallons or less. Architectural paint
    46  does not mean industrial, original equipment or specialty coatings.
    47    2. "consumer" means a person located in the state  who  owns  or  uses
    48  architectural paint, including but not limited to an individual, a busi-
    49  ness,  corporation, limited partnership, not-for-profit organization, or
    50  governmental entity, but does not include an entity involved in a whole-
    51  sale transaction between a distributor and retailer.
    52    3. "distributor" means a company that has a  contractual  relationship
    53  with  one  or  more  producers to market and sell architectural paint to
    54  retailers in this state.

        A. 3008--B                         69
 
     1    4. "post-consumer architectural paint" means architectural  paint  not
     2  used and no longer wanted by its purchaser.
     3    5.  "producer"  means  a  person that manufactures architectural paint
     4  that is sold or offered for sale in this state.
     5    6. "recycling" means any process by which discarded  products,  compo-
     6  nents  and  by-products  are  transformed  into new usable or marketable
     7  materials in a manner in which the  products  may  lose  their  original
     8  composition. Recycling does not include energy recovery or energy gener-
     9  ation  by means of combusting discarded products, components and by-pro-
    10  ducts with or without other waste products from post-consumer  architec-
    11  tural paint.
    12    7. "retailer" means any person that sells or offers for sale architec-
    13  tural paint at retail in this state.
    14    8.  "reuse" means the return of a product into the economic stream for
    15  use in the same kind of application intended for the use of the product,
    16  without a change in the product's original composition.
    17    9. "sell" or "sale" means any transfer  of  title  for  consideration,
    18  including  remote sales conducted through sales outlets, catalogs or the
    19  internet or through any other similar electronic means.
    20  § 27-2007. Producer collection.
    21    Beginning December thirty-first, two  thousand  eighteen,  a  producer
    22  shall accept for disposal and recycling or reuse post-consumer architec-
    23  tural paint.
    24  § 27-2009. Producer registration and responsibilities.
    25    1.  A  producer  shall  individually or cooperatively with one or more
    26  other producers, submit a registration to the department by July  first,
    27  two  thousand  eighteen,  along with a registration fee of five thousand
    28  dollars. Such registration shall include:
    29    (a) the producer's name, address, and telephone number;
    30    (b) the name and title of an officer, director,  or  other  individual
    31  designated as the producer's contact for purposes of this title;
    32    (c) a list identifying the producer's brands;
    33    (d)  a  general  description  of the manner in which the producer will
    34  comply with section 27-2007 of this title, including  specific  informa-
    35  tion  on  the  producer's  architectural paint acceptance program in the
    36  state, intended treatment, storage, transportation and disposal  options
    37  and  a  current  list  of locations within the state where consumers may
    38  return architectural paint;
    39    (e) targeted annual collection rates;
    40    (f) educational and outreach  program  that  will  be  implemented  to
    41  inform  consumers  and  retailers of the program and how to participate;
    42  and
    43    (g) any other information as the department may require.
    44    2. A producer's registration shall be updated within  thirty  days  of
    45  any material change to the information required by the registration.
    46    3.  Any  person  who becomes a producer on or after January first, two
    47  thousand nineteen shall register with the department prior to selling or
    48  offering for sale in the state any architectural paint, and must  comply
    49  with the requirements of this title.
    50    4.  No  later  than  January  first, two thousand nineteen, a producer
    51  shall not sell or offer for sale architectural paint in the state unless
    52  the producer has registered with the department and maintains an  archi-
    53  tectural  paint  acceptance  program  through which the producer, either
    54  directly or through an agent or designee,  accepts  architectural  paint
    55  from  consumers  in  the  state  for  disposal,  reuse or recycling. The
    56  producer shall ensure that retailers are notified of such  registration.

        A. 3008--B                         70
 
     1  The  producer  shall  not  impose a fee on consumers for the collection,
     2  handling and recycling or reuse of architectural paint.
     3    5.  The  architectural  paint  acceptance  program shall include, at a
     4  minimum:
     5    (a) collection, disposal and recycling or reuse of architectural paint
     6  produced by the producer and offered for return by any consumer in  this
     7  state, free of cost and in a manner convenient to consumers. The follow-
     8  ing  acceptance  methods shall be considered reasonably convenient:  (i)
     9  collection or acceptance events conducted by the producer or the produc-
    10  er's agent or designee, including events conducted through local govern-
    11  ments or private parties; (ii) fixed acceptance locations such as  dedi-
    12  cated  acceptance  sites  operated  by  the  producer  or  its  agent or
    13  designee; (iii) agreements with local governments, retail stores,  sales
    14  outlets  and  not-for-profit  organizations which have agreed to provide
    15  facilities for the collection of  architectural  paint;  (iv)  community
    16  collection  events; and (v) any combination of these or other acceptance
    17  methods which effectively provide for the  acceptance  of  architectural
    18  paint  for  recycling  or  reuse  through  means  that are available and
    19  reasonably convenient to consumers in the state.    At  a  minimum,  the
    20  producer  shall  ensure  that  all counties of the state and all munici-
    21  palities which have a population of ten  thousand  or  greater  have  at
    22  least  one  permanent  collection  site  and  one  additional  permanent
    23  collection site for every thirty thousand people located in those areas,
    24  unless otherwise approved by the department, or unless the producer is a
    25  small business taxpayer as defined in paragraph (f) of  subdivision  one
    26  of  section two hundred ten of the tax law. Such producers shall conduct
    27  no less than one collection event annually.  The department  may  estab-
    28  lish  additional  requirements  to  ensure  convenient  collection  from
    29  consumers;
    30    (b) a public education program to inform consumers about  the  produc-
    31  er's  architectural  paint acceptance program, including at a minimum an
    32  internet website and a toll-free telephone number and  written  informa-
    33  tion  included  in the package for, or at the time of sale of, architec-
    34  tural paint that provides sufficient information to allow a consumer  of
    35  architectural  paint  to  learn  how  to return such paint for disposal,
    36  recycling or reuse; and
    37    (c) any other information as required by the department in  accordance
    38  with regulations promulgated pursuant to this article.
    39    6. A producer shall maintain records demonstrating compliance with the
    40  provisions  of  this  title  and  make  them  available  for  audit  and
    41  inspection by the department for a period of three years.
    42    7. A producer may satisfy the architectural paint collection  require-
    43  ments  of this section by agreeing to participate in a collective archi-
    44  tectural paint acceptance program with other producers. Any such collec-
    45  tive  architectural  paint  acceptance  program  shall  meet  the   same
    46  requirements  as  an  individual  producer. Any architectural acceptance
    47  program shall include a list of producers that are participating in such
    48  program along with other identifying information as may be  required  by
    49  the  department. Such program shall submit a registration to the depart-
    50  ment along with a registration fee of ten thousand dollars.
    51    8. A producer shall be responsible for all costs associated  with  the
    52  implementation of the architectural paint acceptance program.
    53  § 27-2011. Retailer requirements.
    54    1.  At  the  location of sale of architectural paint, a retailer shall
    55  provide purchasers of architectural paint with information about  oppor-

        A. 3008--B                         71
 
     1  tunities for the return of architectural paint that has been provided to
     2  the retailer by a producer.
     3    2.  No  later than July first, two thousand nineteen no retailer shall
     4  sell or offer for sale in the state any architectural paint  unless  the
     5  producer  and  the  producer's brands are registered with the department
     6  pursuant to section 27-2009 of this title.
     7  § 27-2013. Department responsibilities.
     8    1. The department shall promulgate all necessary rules and regulations
     9  including, but not limited to, standards for reuse.
    10    2. The department shall (a) maintain  a  list  of  producers  who  are
    11  registered  pursuant  to  section  27-2009 of this title, (b) maintain a
    12  list of each such producer's brands, and (c)  post  such  lists  on  the
    13  department's website.
    14  § 27-2015. Reporting requirements.
    15    1. Beginning March first, two thousand twenty, for the previous calen-
    16  dar  year  and annually thereafter, a producer that offers architectural
    17  paint for sale in this state shall submit a report to the department  on
    18  a form prescribed by the department that includes the following:
    19    (a)  the quantity of architectural paint collected for disposal, recy-
    20  cling or reuse in this state during the preceding calendar year and  the
    21  methods  used to accept such paint and the approximate weight and volume
    22  of architectural paint accepted by each method used to the extent known;
    23    (b) information detailing the acceptance  methods  made  available  to
    24  consumers;
    25    (c) a brief description of its public education program and samples of
    26  any materials, the number of visits to the internet website and calls to
    27  the  toll-free  telephone number provided by the producer as required by
    28  section 27-2009 of this title;
    29    (d) any other information as required by the department; and
    30    (e) a signature by an officer, director, or other individual affirming
    31  the accuracy of the report.
    32    2. The report shall be accompanied by an annual reporting fee of three
    33  thousand dollars.
    34    3. The department shall submit a report regarding  the  implementation
    35  of  this  title  in  this state to the governor and legislature by April
    36  first, two thousand twenty and every two years  thereafter.  The  report
    37  must include, at a minimum, an evaluation of:
    38    (a) the architectural paint stream in the state;
    39    (b) disposal, recycling and reuse rates in the state for architectural
    40  paint;
    41    (c) a discussion of compliance and enforcement related to the require-
    42  ments of this title; and
    43    (d) recommendations for any changes to this title.
    44  § 27-2017. Collective participation.
    45    A producer may satisfy the requirements of this article by agreeing to
    46  participate  in  a collective acceptance program with any other producer
    47  or producers. Any such collective acceptance program must meet the  same
    48  requirements  as  an  individual  producer.  Any  collective  acceptance
    49  program must include a list of producers that are participating in  such
    50  program  along  with other identifying information as may be required by
    51  the department. Such program shall submit a registration to the  depart-
    52  ment along with a registration fee of ten thousand dollars.
    53    § 3. This act shall take effect immediately.
 
    54                                   PART UU

        A. 3008--B                         72
 
     1    Section 1. Article 54 of the environmental conservation law is amended
     2  by adding a new title 17 to read as follows:
     3                                   TITLE 17
     4             NEW YORK STATE ENVIRONMENTAL JUSTICE ACT AND GRANTS
     5  Section 54-1701. Definitions.
     6          54-1702. Implementation of environmental justice policies.
     7          54-1703. Environmental justice task force.
     8          54-1705. Environmental justice grants.
     9  § 54-1701. Definitions.
    10    For  purposes  of  this  title  "environmental justice" means the fair
    11  treatment of people of all races, cultures and incomes in  the  develop-
    12  ment, adoption, implementation and enforcement of environmental laws and
    13  policies.
    14  § 54-1702. Implementation of environmental justice policies.
    15    1.  All  state agencies, boards, commissions and other bodies involved
    16  in decisions that may  affect  environmental  quality  shall  adopt  and
    17  implement  environmental  justice policies providing meaningful opportu-
    18  nities for involvement to all people, regardless of race, color, ethnic-
    19  ity, religion, income or education level.
    20    2. All state programs and policies designed to protect the environment
    21  shall be reviewed periodically to ensure that program implementation and
    22  dissemination of information meet the needs of low-income  and  minority
    23  communities,  and  seek to address disproportionate exposure to environ-
    24  mental hazards.
    25    3. The department will use available environmental and  public  health
    26  data to identify existing and proposed industrial and commercial facili-
    27  ties  and  areas  in communities of color and low-income communities for
    28  which compliance, enforcement, remediation, siting and permitting strat-
    29  egies will be targeted to address impacts from these facilities.
    30    4. The department shall create an environmental justice advisory coun-
    31  cil to advise the department and the environmental justice task force on
    32  environmental justice issues. The council shall consist of fifteen indi-
    33  viduals and will meet at least quarterly.  The  council  shall  annually
    34  select a chairperson from its membership and shall have a composition of
    35  one-third  membership from grassroots or faith-based community organiza-
    36  tions, with additional membership to include  representatives  from  the
    37  following  communities: academic public health, statewide environmental,
    38  civil rights and public health organizations, large and  small  business
    39  and industry, municipal and county officials, and organized labor.
    40  § 54-1703. Environmental justice task force.
    41    1.  The commissioner and the commissioner of the department of health,
    42  or their appointed designees, shall convene a multi-agency  task  force,
    43  to  be  named the environmental justice task force. This task force will
    44  include senior management designees from the governor counsel's  office,
    45  the  attorney  general's  office, the departments of health, agriculture
    46  and markets, transportation, and education. The task force shall  be  an
    47  advisory  body, the purpose of which is to make recommendations to state
    48  agency heads regarding actions to  be  taken  to  address  environmental
    49  justice  issues  consistent  with  each  agency's existing statutory and
    50  regulatory authority. The task force is authorized to consult with,  and
    51  expand  its  membership  to,  other  state agencies as needed to address
    52  concerns raised in affected communities.
    53    2. Any community may file a petition with the task force that  asserts
    54  that  residents  and  workers in the community are subject to dispropor-
    55  tionate adverse exposure to environmental health  risks,  or  dispropor-

        A. 3008--B                         73
 
     1  tionate  adverse  effects  resulting  from  the  implementation  of laws
     2  affecting public health or the environment.
     3    3.    The  task  force  shall  identify  a set of communities from the
     4  petitions filed, based on  selection  criteria  developed  by  the  task
     5  force, including consideration of state agency resource constraints. The
     6  task  force  shall meet directly with the selected communities to under-
     7  stand their concerns.
     8    4. The task force shall  develop  an  action  plan  for  each  of  the
     9  selected  communities  after  consultation with the citizens, as well as
    10  local and county government as relevant, that will address environmental
    11  factors that affect community health.  The  action  plan  shall  clearly
    12  delineate  the steps that will be taken in each of the selected communi-
    13  ties to reduce existing environmental burdens and avoid  or  reduce  the
    14  imposition  of  additional  environmental burdens through allocations of
    15  resources, exercise of regulatory discretion,  and  development  of  new
    16  standards  and protections. The action plan, which shall be developed in
    17  consultation with the environmental justice advisory council, will spec-
    18  ify community deliverables, a  timeframe  for  implementation,  and  the
    19  justification  and  availability  of  financial  and  other resources to
    20  implement the plan. The task force shall present the action plan to  the
    21  relevant departments, recommending its implementation.
    22    5. The task force shall monitor the implementation of each action plan
    23  in  the  selected   communities, and shall make recommendations to state
    24  agencies as necessary to facilitate implementation of the action  plans.
    25  Agencies  shall implement the strategy to the fullest extent practicable
    26  in light of statutory and resource constraints.
    27  § 54-1705. Environmental justice grants.
    28    1. For the purpose of this  section,  environmental  justice  projects
    29  shall  take  place in environmental justice, inner city, and underserved
    30  areas and mean:
    31    (a) improvements to environmental quality;
    32    (b) projects that  address  exposure  to  multiple  harms  and  risks,
    33  including lead exposure;
    34    (c) environmental job training;
    35    (d) studies, including air monitoring, to investigate the environment,
    36  or related public health issues of the community; and,
    37    (e)  research that will be used to expand the knowledge or understand-
    38  ing of the affected community,  including  ways  to  improve  resiliency
    39  provided  that  the  results  of any such investigation shall be dissem-
    40  inated to the members of the affected community.
    41    2. The commissioner, after consultation with the environmental justice
    42  advisory council, and a not-for-profit  corporation  may  enter  into  a
    43  contract  for  the  undertaking  by the not-for-profit corporation of an
    44  environmental justice project. Such project shall be recommended to  the
    45  commissioner by the governing body of a not-for-profit corporation which
    46  demonstrates  to the satisfaction of the commissioner that such projects
    47  address the environmental and/or related public  health  issues  of  the
    48  residents  of the affected community. Upon approval by the commissioner,
    49  such project shall be undertaken pursuant  to  the  provisions  of  this
    50  title and any other applicable provision of law.
    51    3. The commissioner, after consultation with the environmental justice
    52  advisory  council,  and a municipality may enter into a contract for the
    53  undertaking by the municipality of  an  environmental  justice  project.
    54  Such  project  shall be recommended to the commissioner by the governing
    55  body of a municipality which demonstrates to  the  satisfaction  of  the
    56  commissioner that such projects address the environmental and/or related

        A. 3008--B                         74
 
     1  public  health  issues  of the residents of the affected community. Upon
     2  approval by the commissioner, such project shall be undertaken  pursuant
     3  to  the  provisions  of this title and any other applicable provision of
     4  law.
     5    §  2.  This act shall take effect July 1, 2018; provided however, that
     6  the environmental justice task force and the environmental justice advi-
     7  sory council shall be established and operating by October 1, 2018.
 
     8                                   PART VV
 
     9    Section 1. Indian Point closure task force. 1.  (a)  There  is  hereby
    10  established,  within  the  department of public service, an Indian Point
    11  closure task force ("task force") whose members shall  be  appointed  as
    12  follows:
    13    (i)  The  chairperson  of  the public service commission or his or her
    14  designee;
    15    (ii) The commissioner of environmental  conservation  or  his  or  her
    16  designee;
    17    (iii) The secretary of state or his or her designee;
    18    (iv) The commissioner of taxation and finance or his or her designee;
    19    (v) The commissioner of labor or his or her designee;
    20    (vi) The commissioner of economic development or his or her designee;
    21    (vii)  The commissioner of the division of homeland security and emer-
    22  gency services or his or her designee;
    23    (viii) The president of the New York energy research  and  development
    24  authority or his or her designee;
    25    (ix)  The  chairperson  of  the New York power authority or his or her
    26  designee;
    27    (x) The mayor of the village of Buchanan or his or her designee;
    28    (xi) The superintendent of the Hendrick Hudson school district or  his
    29  or her designee;
    30    (xii) The supervisor of the town of Cortlandt or his or her designee;
    31    (xiii)  One  member  to be appointed by the temporary president of the
    32  senate;
    33    (xiv) One member to be appointed by the speaker of the assembly;
    34    (xv) One member, to be appointed by the governor, upon the recommenda-
    35  tion of the speaker of the assembly, shall  be  a  representative  of  a
    36  labor  union  whose  members  are  employed  at the Indian Point nuclear
    37  generating facility;
    38    (xvi) One member, to be appointed by the governor, upon the  recommen-
    39  dation  of  the  temporary president of the senate, shall be a represen-
    40  tative of a labor union whose members are employed at the  Indian  Point
    41  nuclear generating facility through contracted service providers;
    42    (xvii)  One member, to be appointed by the governor, shall be a repre-
    43  sentative of a labor union whose members are  public  employees  in  the
    44  impacted geographical region; and
    45    (xviii)  The  chairperson  of the task force may appoint local elected
    46  officials and municipal officers, as  defined  by  section  800  of  the
    47  general municipal law, from the impacted geographical region.
    48    (b)  The members appointed to the task force established by the gover-
    49  nor prior to the effective date of  this  act  shall:  (i)  satisfy  the
    50  initial  appointment  requirements of subparagraphs (i) through (xiv) of
    51  paragraph a of this subdivision; and (ii) be ex-officio members  of  the
    52  task force established pursuant to this section.

        A. 3008--B                         75
 
     1    (c)  Local  elected officials and municipal officers from the impacted
     2  geographical region may petition the chairperson for membership  on  the
     3  task force.
     4    2. Task force members shall receive no compensation for their services
     5  but  may be reimbursed for actual and necessary expenses incurred in the
     6  performance of their duties.
     7    3. The chairperson of the task force shall be the chairperson  of  the
     8  public  service  commission or his or her designee. The task force shall
     9  meet no less than three times each year.
    10    4. Vacancies for task force members  appointed  pursuant  to  subpara-
    11  graphs  (i)  through  (xvii)  of  paragraph a of subdivision one of this
    12  section shall be filled in  the  manner  provided  for  in  the  initial
    13  appointment.
    14    5.  The  task  force  shall  be authorized to hold public hearings and
    15  meetings to enable it to accomplish its duties.
    16    6. The task force  may  consult  with  any  organization,  educational
    17  institution,  other  governmental  entity or agency or person including,
    18  but not limited to, the nuclear regulatory commission and the  New  York
    19  independent  system  operator, in the development of its report required
    20  by subdivision nine of this section.
    21    7. The department of public service shall provide the task force  with
    22  such  facilities,  assistance  and data as will enable the task force to
    23  carry out its powers and duties.   Additionally, all other  agencies  of
    24  the  state  or  subdivisions  thereof  may, at the request of the chair-
    25  person, provide the task force with  such  facilities,  assistance,  and
    26  data as will enable the task force to carry out its powers and duties.
    27    8. The purpose of the task force shall be to assess the impacts of the
    28  Indian  Point nuclear generating facility closure on the state and local
    29  municipalities and evaluate ways of  addressing  and  mitigating  antic-
    30  ipated  impacts,  including,  but not limited to those on electric reli-
    31  ability and rates, real property tax collections or payments in lieu  of
    32  taxes,  public  safety,  labor  and the future use of the land where the
    33  facility is located.
    34    9. No later than February 15, 2018, and annually thereafter, the  task
    35  force  shall  submit  to  the  governor,  the temporary president of the
    36  senate, the speaker of the assembly, the chair of the  senate  committee
    37  on energy and telecommunications and the chair of the assembly committee
    38  on energy, a report containing the following:
    39    a. an assessment of:
    40    (i)  anticipated  impacts  related  to the closure, including, but not
    41  limited to impacts on real property tax collections or payments in  lieu
    42  of  taxes, electric reliability and rates, public safety, labor, and the
    43  future use of the land where the facility is located;
    44    (ii) all sources and potential sources of generating capacity, includ-
    45  ing transmission upgrades, energy efficiency, fossil fuel derived  ener-
    46  gy, and renewable energy;
    47    (iii) workforce retention; and
    48    (iv)  programs  implemented  to retrain persons employed at the Indian
    49  Point nuclear generating facility,  such  analysis,  shall  include  the
    50  number  of  retraining programs, the content of the retraining programs,
    51  the employment outcomes of individuals retrained, and any other informa-
    52  tion deemed appropriate by the task force;
    53    b. an assessment of compliance with:
    54    i. any and all federal, state and local laws,  regulations  and  rules
    55  related  to  the  closure  and  decommissioning  of a nuclear generating
    56  facility;

        A. 3008--B                         76
 
     1    ii. the agreement related to Indian Point entered into by the state of
     2  New York on January 9, 2017, including:
     3    1.  the  cessation  of operations of nuclear generating units by April
     4  30, 2020 and April 30, 2021;
     5    2. the submission  of  all  required  notices,  concurrences,  certif-
     6  ications, and permits; and
     7    3. any other requirement of such agreement; and
     8    iii. any other agreements regarding the closure and decommissioning of
     9  the Indian Point nuclear generating facility;
    10    c.  a  listing  of any enforcement actions initiated for any actual or
    11  alleged condition at the nuclear generating facility;
    12    d. a review of impacts resulting from the closure and  decommissioning
    13  of any nuclear generating facility in the surrounding region;
    14    e.  recommendations  for  the  projects to be selected pursuant to the
    15  community fund established in the  agreement  related  to  Indian  Point
    16  entered into by the state of New York on January 9, 2017, and an assess-
    17  ment of the progress and effectiveness of projects selected;
    18    f.  recommendations  related  to short term and long term programs the
    19  state of New York could establish to provide support and guidance to the
    20  affected local municipalities, and the implementation of such  programs;
    21  and
    22    g. any information or data the task force deems appropriate.
    23    §  2.  This  act shall take effect immediately and shall expire and be
    24  deemed repealed April 1, 2027.
 
    25                                   PART WW
 
    26    Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
    27  the  New  York  state  urban  development corporation act, is amended by
    28  adding a new section 52 to read as follows:
    29    § 52. Strategic investment in workforce development.  1.  Pursuant  to
    30  this  section  there  is  hereby established within the corporation, the
    31  strategic investment in workforce development program  to  identify  and
    32  address  workforce  needs  throughout  the  state. The corporation shall
    33  collaborate with the department of labor,  the  department  of  economic
    34  development,  the  state  university of New York, the city university of
    35  New York, and the state  education  department  to  provide  support  to
    36  eligible  applicants  within amounts available for the strategic invest-
    37  ments in workforce development program and shall identify  the  training
    38  needs  of employers, employees and prospective employees; identify areas
    39  of the state or specific industries where a shortage of a skilled  work-
    40  force is impacting the ability of those areas of the state or industries
    41  to  remain  competitive  and  innovative; identify methods and models to
    42  train and employ youth workers; and identify ways to  serve  prospective
    43  employees  that are currently unemployed or underemployed. The strategic
    44  investment in workforce development program shall utilize  the  informa-
    45  tion  gathered  to  target  workforce  training  activities,  employment
    46  credentials or certificate opportunities, and skill development programs
    47  to meet the identified needs and to provide necessary training and skill
    48  development to youth and individuals  who  are  unemployed  or  underem-
    49  ployed.
    50    2.  Eligible  applicants  shall  include  an employer or consortium of
    51  employers in conjunction with a labor organization, a not-for-profit, an
    52  educational entity or a program or network that  provides  training  and
    53  skill  development for youth or individuals who are unemployed or under-
    54  employed.   An entity that works  directly  with  employers  to  provide

        A. 3008--B                         77
 
     1  training or retraining, particularly in high-skill occupations or indus-
     2  tries,  or  an entity that seeks to promote and foster economic develop-
     3  ment and job growth shall also  be  considered  an  eligible  applicant.
     4  Eligible  applicants  shall  demonstrate a relationship with educational
     5  programs or entities that address the needs of employers,  employees  or
     6  prospective employees, particularly youth, unskilled workers, unemployed
     7  individuals or underemployed workers.
     8    3.  (a) Assistance provided by the corporation to eligible applicants,
     9  may be used for the costs associated with strategic  workforce  develop-
    10  ment training and skills development. Such costs may include, but is not
    11  limited to, classroom training, on the job training, curriculum develop-
    12  ment, and training materials associated with on the job training, skills
    13  upgrading,  skills  retraining,  and basic skills training that leads to
    14  obtaining appropriate certifications or degrees from  accredited  insti-
    15  tutions; and
    16    (b)  The corporation shall ensure that not less than twenty percent of
    17  the program funds are used in support  of  projects  that  assist  small
    18  businesses  as defined in section one hundred thirty-one of the economic
    19  development law and minority- and women-owned business enterprises.
    20    4. (a) The corporation shall report to the legislature by June thirti-
    21  eth, two thousand eighteen  and  annually  thereafter,  identifying  the
    22  entities  receiving  assistance,  the  type  of assistance provided, the
    23  number of individuals trained and newly hired including those  who  were
    24  previously  unemployed, underemployed or economically disadvantaged, and
    25  the number of certifications or degrees conferred from accredited insti-
    26  tutions.
    27    (b) The corporation shall also provide for an  independent  evaluation
    28  of  the  program on or before June thirtieth, two thousand nineteen, and
    29  every three years thereafter.
    30    § 2. This act shall take effect immediately and  shall  be  deemed  to
    31  have been in full force and effect on and after April 1, 2017.
 
    32                                   PART XX
 
    33    Section 1. Legislative findings and declaration. The legislature here-
    34  by  enacts the "New York state climate and community protection act" and
    35  finds and declares that:
    36    1. Climate change is adversely affecting economic  well-being,  public
    37  health,  natural resources, and the environment of New York. The adverse
    38  impacts of climate change include:
    39    a. an increase in  the  severity  and  frequency  of  extreme  weather
    40  events, such as storms, flooding, and heat waves, which can cause direct
    41  injury  or  death, property damage, and ecological damage (e.g., through
    42  the release of hazardous substances into the environment);
    43    b. rising sea levels, which exacerbate damage from  storm  surges  and
    44  flooding,  contribute  to  coastal  erosion and saltwater intrusion, and
    45  inundate low-lying areas, leading to the displacement of  or  damage  to
    46  coastal habitat, property, and infrastructure;
    47    c. a decline in freshwater and saltwater fish populations;
    48    d.  increased  average temperatures, which increase the demand for air
    49  conditioning and refrigeration among residents and businesses;
    50    e. exacerbation of air pollution; and
    51    f. an increase  in  the  incidences  of  infectious  diseases,  asthma
    52  attacks,  heart  attacks,  and  other  negative  health  outcomes. These
    53  impacts are having a detrimental effect on some of  New  York's  largest
    54  industries,  including agriculture, commercial shipping, forestry, tour-

        A. 3008--B                         78
 
     1  ism, and recreational and commercial fishing. These impacts  also  place
     2  additional  strain on the physical infrastructure that delivers critical
     3  services to the citizens of New  York,  including  the  state's  energy,
     4  transportation, stormwater, and wastewater infrastructure.
     5    2. The severity of current climate change and the threat of additional
     6  and more severe change will be affected by the actions undertaken by New
     7  York and other jurisdictions to reduce greenhouse gas emissions. Accord-
     8  ing  to  the U.S. Global Change Research Program (USGCRP) and the Inter-
     9  governmental Panel on Climate Change (IPCC), substantial  reductions  in
    10  greenhouse  gas  emissions  will  be required by mid-century in order to
    11  limit global warming to no more than 2°C and  ideally  1.5°C,  and  thus
    12  minimize  the  risk of severe impacts from climate change. Specifically,
    13  industrialized countries must reduce their greenhouse gas  emissions  by
    14  at  least  80%  below  1990  levels by 2050 in order to stabilize carbon
    15  dioxide equivalent concentrations at 450 parts  per  million--the  level
    16  required to stay within the 2°C target.
    17    3.  Action  undertaken by New York to reduce greenhouse emissions will
    18  have an impact on global  greenhouse  gas  emissions  and  the  rate  of
    19  climate  change. In addition, such action will encourage other jurisdic-
    20  tions to implement complementary greenhouse gas reduction strategies and
    21  provide an example of how such strategies can be  implemented.  It  will
    22  also advance the development of green technologies and sustainable prac-
    23  tices  within  the  private  sector, which can have far-reaching impacts
    24  such as a reduction in the cost of renewable energy components, and  the
    25  creation of jobs and tax revenues in New York.
    26    4.  It  shall  therefore  be a goal of the state of New York to reduce
    27  greenhouse gas emissions from all anthropogenic sources 100%  over  1990
    28  levels  by  the  year  2050, with an incremental target of at least a 50
    29  percent reduction in climate pollution by the year 2030,  in  line  with
    30  USGCRP  and  IPCC  projections  of  what  is necessary to avoid the most
    31  severe impacts of climate change.
    32    5. Although substantial emissions reductions are  necessary  to  avoid
    33  the  most  severe  impacts  of  climate change, complementary adaptation
    34  measures will also be needed to  address  those  risks  that  cannot  be
    35  avoided. Some of the impacts of climate change are already observable in
    36  New  York  state  and  the  northeastern  United  States. Annual average
    37  temperatures are on the rise, winter  snow  cover  is  decreasing,  heat
    38  waves  and  precipitation  are  intensifying,  and  sea levels along New
    39  York's coastline are approximately one foot higher  than  they  were  in
    40  1900.  New York has also experienced an increasing number of extreme and
    41  unusual   weather   events,  like  Hurricanes  Irene  and  Lee  and  the
    42  unprecedented Superstorm Sandy in 2012, which caused at least 53  deaths
    43  and $32 billion in damage in New York state.
    44    6.  New  York  should  therefore  minimize  the  risks associated with
    45  climate change through a combination of  measures  to  reduce  statewide
    46  greenhouse  gas  emissions  and improve the resiliency of the state with
    47  respect to the impacts and  risks  of  climate  change  that  cannot  be
    48  avoided.
    49    7.  Climate change especially heightens the vulnerability of disadvan-
    50  taged communities, which bear environmental and socioeconomic burdens as
    51  well as legacies of racial and ethnic discrimination. Actions undertaken
    52  by New York state to mitigate greenhouse gas emissions should prioritize
    53  the safety and health of disadvantaged  communities,  control  potential
    54  regressive  impacts  of  future climate change mitigation and adaptation
    55  policies on these communities, and prioritize the allocation  of  public
    56  investments in these areas.

        A. 3008--B                         79
 
     1    8.  Creating good jobs and a thriving economy is a core concern of New
     2  York state.   Shaping the ongoing transition in  our  energy  sector  to
     3  ensure  that  it  creates good jobs and protects workers and communities
     4  that may lose employment in the current transition must be key  concerns
     5  of  our  climate  policy.  Setting  clear  standards for job quality and
     6  training standards encourages not only high-quality  work  but  positive
     7  economic impacts.
     8    9.  Workers  are  at  the front lines of climate change.  Construction
     9  workers and building service workers were  some  of  the  first  workers
    10  dedicated  to cleaning up damage inflicted by recent storms. These work-
    11  ers were often operating in unsafe and toxic environments,  cleaning  up
    12  mold,  and working in unstable buildings. In order to protect the health
    13  and welfare of these workers, it is in the interest of the state of  New
    14  York  to establish safe and healthy working conditions and proper train-
    15  ing for workers involved in climate change related activities. In  addi-
    16  tion, much of the infrastructure work preparing our state for additional
    17  climate  change events must happen quickly and efficiently. It is in the
    18  interest of the state to ensure  labor  harmony  and  promote  efficient
    19  performance  of  work  on climate change related work sites by requiring
    20  workers to be well-trained and adequately compensated.
    21    10. Ensuring career opportunities are  created  and  shared  geograph-
    22  ically  and  demographically  is necessary to ensure increased access to
    23  good jobs for marginalized communities while making the  same  neighbor-
    24  hoods  more resilient.   Climate change has a disproportionate impact on
    25  low-income people, women, and workers. It is  in  the  interest  of  the
    26  state  of  New York to protect and promote the interests of these groups
    27  against the impacts of climate change and severe weather events  and  to
    28  advance our equity goals by ensuring quality employment opportunities in
    29  safe working environments.
    30    11.  The  complexity  of  the  ongoing  energy  transition, the uneven
    31  distribution of economic opportunity, and the  disproportionate  cumula-
    32  tive  economic  and environmental burdens on communities mean that there
    33  is a strong state interest in setting a floor statewide for labor stand-
    34  ards, but allowing and encouraging individual agencies and local govern-
    35  ments to raise standards.
    36    12. By exercising a global leadership role  on  greenhouse  gas  miti-
    37  gation  and climate change adaptation, New York will position its econo-
    38  my, technology centers, financial institutions, and businesses to  bene-
    39  fit  from  national and international efforts to address climate change.
    40  New York state has already  demonstrated  leadership  in  this  area  by
    41  undertaking efforts such as:
    42    a. executive order no. 24 (2009), establishing a goal to reduce green-
    43  house  gas  emissions  80%  by  the year 2050, creating a climate action
    44  council, and calling for preparation of a climate action plan;
    45    b. chapter 433 of the laws of 2009, establishing a state energy  plan-
    46  ning board and requiring the board to adopt a state energy plan;
    47    c.  chapter 388 of the laws of 2011, directing the department of envi-
    48  ronmental conservation to  promulgate  rules  and  regulations  limiting
    49  emissions of carbon dioxide by newly constructed major generating facil-
    50  ities;
    51    d. the adoption of a state energy plan establishing clean energy goals
    52  for  the  year  2030 aimed at reducing greenhouse gas emission levels by
    53  40% from 1990 levels, producing 50% of electricity from renewable sourc-
    54  es, and increasing energy efficiency from 2012 levels by 23%;
    55    e. collaboration with other states  on  the  Regional  Greenhouse  Gas
    56  Initiative, and the development of a regional low carbon fuel standard;

        A. 3008--B                         80
 
     1    f.  creation of new offices and task forces to address climate change,
     2  including the New York state office of  climate  change,  the  renewable
     3  energy task force, and the sea level rise task force; and
     4    g.  the  enactment  of  the  Community Risk and Resiliency Act (CRRA),
     5  which requires agencies to consider sea level rise and other climate-re-
     6  lated events when implementing certain state programs.
     7    This legislation will build upon these past developments by creating a
     8  comprehensive regulatory program to reduce greenhouse gas emissions that
     9  corresponds with the targets established in executive order no. 24,  the
    10  state energy plan, and USGCRP and IPCC projections.
    11    §  2.  The  environmental  conservation law is amended by adding a new
    12  article 75 to read as follows:
    13                                 ARTICLE 75
    14                               CLIMATE CHANGE
    15  Section 75-0101. Definitions.
    16          75-0103. New York state climate action council.
    17          75-0105. Greenhouse gas reporting.
    18          75-0107. Statewide greenhouse gas emissions limits.
    19          75-0109. Scoping plan for  statewide  greenhouse  gas  emissions
    20                     reductions.
    21          75-0111. Promulgation of regulations to achieve statewide green-
    22                     house gas emissions reductions.
    23          75-0113. Disadvantaged communities working group.
    24          75-0115. Implementation reporting.
    25  § 75-0101. Definitions.
    26    For  the  purposes  of this article the following terms shall have the
    27  following meanings:
    28    1. "Allowance" means an authorization  to  emit,  during  a  specified
    29  year, up to one ton of carbon dioxide equivalent.
    30    2.  "Alternative compliance mechanism" means an action undertaken by a
    31  greenhouse gas emission source that achieves the equivalent reduction of
    32  greenhouse gas emissions over the same time period as a direct  emission
    33  reduction,  and  that is approved by the department. Such mechanisms may
    34  include but are not limited to a flexible compliance schedule,  alterna-
    35  tive control technology, a process change, or a product substitution.
    36    3.  "Carbon  dioxide equivalent" means the amount of carbon dioxide by
    37  mass that would produce the same global warming impact as a  given  mass
    38  of  another  greenhouse  gas  over  an integrated twenty-year time frame
    39  after emission, based on the best available science.
    40    4. "Co-pollutants" means hazardous air pollutants produced  by  green-
    41  house gas emissions sources.
    42    5.  "Council"  means  the New York state climate action council estab-
    43  lished pursuant to section 75-0103 of this article.
    44    6.  "Direct  emission  reduction"  means  a  greenhouse  gas  emission
    45  reduction action made by a greenhouse gas emission source at the source.
    46    7.  "Disadvantaged communities" means communities that bear burdens of
    47  negative public health  effects,  environmental  pollution,  impacts  of
    48  climate  change,  and possess certain socioeconomic criteria, as identi-
    49  fied pursuant to section 75-0113 of this article.
    50    8. "Emissions reduction measures" means programs, measures, standards,
    51  and alternative compliance mechanisms authorized pursuant to this  chap-
    52  ter,  applicable  to sources or categories of sources, that are designed
    53  to reduce emissions of greenhouse gases.
    54    9. "Greenhouse gas" means  carbon  dioxide,  methane,  nitrous  oxide,
    55  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other

        A. 3008--B                         81
 
     1  substance  emitted  into  the  air that may be reasonably anticipated to
     2  cause or contribute to anthropogenic climate change.
     3    10.  "Greenhouse  gas emission limit" means an authorization, during a
     4  specified year, to emit up to a level of greenhouse gases  specified  by
     5  the department, expressed in tons of carbon dioxide equivalent.
     6    11.  "Greenhouse  gas emission source" or "source" means any source or
     7  category of sources of  greenhouse  gas  emissions,  determined  by  the
     8  department to be capable of being monitored for compliance.
     9    12. "Leakage" means a reduction in emissions of greenhouse gases with-
    10  in  the  state  that is offset by an increase in emissions of greenhouse
    11  gases outside of the state.
    12    13. "Major greenhouse gas emission source" or "major source" means any
    13  source whose emissions are at a level of significance, as determined  by
    14  the  department, that its participation in the program established under
    15  this article will enable the department to effectively reduce greenhouse
    16  gas emissions and monitor compliance with the statewide  greenhouse  gas
    17  emissions limits as established in section 75-0107 of this article. Such
    18  sources shall include, at minimum:
    19    a.  Manufacturers,  producers,  and/or  distributors  of fossil fuels,
    20  including but not limited to oil  refineries,  oil  storage  facilities,
    21  natural  gas storage facilities, compressor stations, natural gas meter-
    22  ing and regulator stations, and natural gas pipelines;
    23    b. Any electric generating facility of 25 megawatts or more that burns
    24  fossil fuels;
    25    c. Any stationary source of greenhouse gas emissions that emits 25,000
    26  metric tons or more of carbon dioxide equivalent per year;
    27    d. Any other source, capable of being measured,  that  the  department
    28  deems  to  be  a  major  contributor to greenhouse gas emissions in this
    29  state.
    30    14. "Market-based compliance mechanism" means any of the following:
    31    a. A  price  on  greenhouse  gas  emissions  from  regulated  sources,
    32  expressed  as  a  fee per ton of carbon dioxide equivalent released in a
    33  given year.
    34    b. A system of market-based declining annual aggregate emissions limi-
    35  tations for sources or categories of sources that emit greenhouse gases.
    36    c. Greenhouse gas emissions exchanges,  banking,  credits,  and  other
    37  transactions,  governed  by  rules  and  regulations  established by the
    38  department, following approval by the legislature and after no less than
    39  two public hearings, that result in the  same  greenhouse  gas  emission
    40  reduction, over the same time period, as direct compliance with a green-
    41  house  gas  emission  limit or emission reduction measure adopted by the
    42  department pursuant to this article.
    43    15. "Statewide greenhouse gas emissions" means the total annual  emis-
    44  sions  of  greenhouse gases in the state, including, but not limited to,
    45  all emissions of greenhouse gases from  the  generation  of  electricity
    46  delivered  to  and consumed in New York, accounting for transmission and
    47  distribution line losses, whether the electricity is generated in  state
    48  or  imported.   Statewide emissions shall be expressed in tons of carbon
    49  dioxide equivalents.
    50    16. "Statewide greenhouse gas emissions limit" or "statewide emissions
    51  limit" means the maximum allowable level  of  statewide  greenhouse  gas
    52  emissions  in a specified year, as determined by the department pursuant
    53  to this article.
    54    17. "Environmental justice advisory group" shall  mean  the  permanent
    55  environmental  justice  advisory  group  established by a chapter of the
    56  laws of two thousand sixteen amending the environmental conservation law

        A. 3008--B                         82
 
     1  relating to establishing  a  permanent  environmental  justice  advisory
     2  group  and an environmental justice interagency coordinating council, as
     3  proposed in legislative bills numbers S.1525  and  A.3063,  relating  to
     4  establishing  a  permanent  environmental  justice advisory group and an
     5  environmental justice interagency coordinating council.
     6  § 75-0103. New York state climate action council.
     7    1. There is hereby established, within the department,  the  New  York
     8  state  climate  action  council  ("council")  which shall consist of the
     9  following twenty-three members:
    10    a. the commissioners of transportation, health, economic  development,
    11  agriculture   and   markets,  housing  and  community  renewal,  general
    12  services, labor, environmental conservation, homeland security and emer-
    13  gency services, the superintendent of financial services, the presidents
    14  of the New York state energy research and development;  New  York  power
    15  authority;  Long  Island  power  authority; New York power authority and
    16  dormitory of the state of New York, or their designee.
    17    b. two members appointed by the governor;
    18    c. two members to be appointed  by  the  temporary  president  of  the
    19  senate;
    20    d. two members to be appointed by the speaker of the assembly;
    21    e.  one  member  to be appointed by the minority leader of the senate;
    22  and
    23    f. one member to be appointed by the minority leader of the assembly.
    24    2. The at large members shall include at all  times  individuals  with
    25  expertise  in  environmental  issues related to climate change, environ-
    26  mental justice, labor, and regulated industries.
    27    3. Council members shall receive no compensation  for  their  services
    28  but  shall  be  reimbursed for actual and necessary expenses incurred in
    29  the performance of their duties.
    30    4. The chairperson of the council shall be the commissioner  of  envi-
    31  ronmental conservation or his or her designee.
    32    5. A majority of the members of the council shall constitute a quorum.
    33    6. Any vacancies on the council shall be filled in the manner provided
    34  for in the initial appointment.
    35    7.  The  council  shall  be  authorized  to convene advisory panels to
    36  assist or advise it in areas requiring special expertise or knowledge.
    37    8. The department shall provide  the  council  with  such  facilities,
    38  assistance  and  data as will enable the council to carry out its powers
    39  and duties. Additionally, all other agencies of the  state  or  subdivi-
    40  sions  thereof may, at the request of the chairperson, provide the coun-
    41  cil with such facilities, assistance, and data as will enable the  coun-
    42  cil to carry out its powers and duties.
    43    9.  The council shall consult with the disadvantaged communities work-
    44  ing group established in section 75-0113 of this article, the department
    45  of state utility intervention unit, and the federally  designated  elec-
    46  tric bulk system operator.
    47    10. The council shall advise the department on:
    48    a.  The  development of statewide greenhouse gas emissions limit rules
    49  and regulations, pursuant  to  section  75-0107  of  this  article,  and
    50  reduced  greenhouse  gas  emissions  regulations,  pursuant  to  section
    51  75-0111 of this article.
    52    b. The preparation of a scoping plan for reducing greenhouse gas emis-
    53  sions, pursuant to the procedures set forth in section 75-0109  of  this
    54  article.
    55  § 75-0105. Greenhouse gas reporting.

        A. 3008--B                         83
 
     1    1.  No  later  than one year after the effective date of this article,
     2  the department shall, after at least  two  public  hearings,  promulgate
     3  rules  and regulations requiring annual greenhouse gas emissions report-
     4  ing from major greenhouse gas emission sources. The regulations shall:
     5    a.  Establish a greenhouse gas emissions registry and reporting system
     6  for greenhouse gas emission sources, which includes greenhouse gas emis-
     7  sions from all major greenhouse gas emission sources, expressed in  tons
     8  of carbon dioxide equivalents;
     9    b.  Account  for  both  direct  and indirect greenhouse gas emissions,
    10  including emissions from all electricity consumed in the state,  regard-
    11  less  of  whether  such  electricity  was  generated within the state or
    12  imported from outside the state, and  accounting  for  transmission  and
    13  distribution line losses;
    14    c.  Ensure rigorous and consistent accounting of emissions and provide
    15  reporting tools and formats to ensure collection of necessary data; and
    16    d. Ensure that greenhouse gas emission sources maintain  comprehensive
    17  records  of  any  greenhouse  gas  emissions  reported for at least five
    18  years.
    19    2. The department shall:
    20    a. Review and update emission reporting requirements  at  least  every
    21  five years;
    22    b.  Make reasonable efforts to make its reporting regulations consist-
    23  ent with international, federal, and other states' greenhouse gas  emis-
    24  sions reporting programs; and
    25    c.  Provide  compliance assistance to small businesses pursuant to the
    26  provisions of sections 19-0313 and 19-0315 of this chapter.
    27    3. No later than two years after the effective date of  this  article,
    28  and each year thereafter, the department shall issue a report on:
    29    a.  The  annual greenhouse gas emissions from all major greenhouse gas
    30  emission sources, including the  relative  contribution  of  each  major
    31  greenhouse  gas  emission  source  to the statewide greenhouse gas emis-
    32  sions; and
    33    b. The progress made by the department in achieving  the  requirements
    34  of this section.
    35  § 75-0107. Statewide greenhouse gas emissions limits.
    36    1.  No later than six months after the effective date of this article,
    37  the department shall determine what the statewide greenhouse  gas  emis-
    38  sions  level was in 1990, and, pursuant to rules and regulations promul-
    39  gated after at least one public hearing, establish  a  statewide  green-
    40  house  gas  emissions  limit  as a percentage of 1990 emissions, for the
    41  following years as follows:
    42    a. 2020: 100% of 1990 emissions.
    43    b. 2025: 75% of 1990 emissions.
    44    c. 2030: 50% of 1990 emissions.
    45    d. 2035: 40% of 1990 emissions.
    46    e. 2040: 30% of 1990 emissions.
    47    f. 2045: 20% of 1990 emissions.
    48    g. 2050: 0% of 1990 emissions.
    49    2. In order to ensure the most accurate  determination  feasible,  the
    50  department  shall  utilize the best available scientific, technological,
    51  and economic information on greenhouse gas emissions  and  consult  with
    52  the  council,  stakeholders,  and the public in order to ensure that all
    53  emissions are accurately reflected in its determination  of  1990  emis-
    54  sions levels.
    55  § 75-0109. Scoping   plan   for   statewide   greenhouse  gas  emissions
    56               reductions.

        A. 3008--B                         84
 
     1    1. On or before two years of the effective date of this  article,  the
     2  department  shall  prepare  and  approve  a  scoping  plan outlining the
     3  department's recommendations for attaining the statewide greenhouse  gas
     4  emissions  limits in accordance with the schedule established in section
     5  75-0107 of this article.
     6    2.  The draft scoping plan shall be developed in consultation with the
     7  council, environmental justice advisory  group,  and  the  disadvantaged
     8  communities  working  group  established  pursuant to section 75-0113 of
     9  this article and other stakeholders.
    10    a. The department and the council shall hold  at  least  six  regional
    11  public comment hearings on the draft scoping plan, including three meet-
    12  ings  in  the upstate region and three meetings in the downstate region,
    13  and shall allow at least one hundred twenty days for the  submission  of
    14  public comment.
    15    b.  The  department  shall provide meaningful opportunities for public
    16  comment from all persons who will be impacted  by  the  plan,  including
    17  persons  living  in  disadvantaged communities as identified pursuant to
    18  section 75-0113 of this article.
    19    c. On or before thirty months of the effective date of  this  article,
    20  the  department shall submit the final scoping plan to the governor, the
    21  speaker of the assembly and the temporary president of  the  senate  and
    22  post such plan on its website.
    23    3. The scoping plan shall identify and make recommendations on regula-
    24  tory measures and other state actions that will ensure the attainment of
    25  the  statewide  greenhouse  gas emissions limits established pursuant to
    26  section 75-0107 of this article. The measures and actions considered  in
    27  such scoping plan shall at a minimum include:
    28    a.  Performance-based  standards  for  sources of greenhouse gas emis-
    29  sions, including but not  limited  to  sources  in  the  transportation,
    30  building, industrial, commercial, and agricultural sectors.
    31    b.  Market-based  mechanisms  to reduce statewide greenhouse gas emis-
    32  sions or emissions from a particular source category, including an exam-
    33  ination of: the imposition of fees per unit of carbon dioxide equivalent
    34  emitted and the imposition of emissions caps accompanied by a system  of
    35  tradable emission allowances.
    36    c.  Measures  to  reduce  emissions  from  the  electricity  sector by
    37  displacing fossil-fuel fired electricity with renewable  electricity  or
    38  energy efficiency.
    39    d.  Land-use  and  transportation  planning measures aimed at reducing
    40  greenhouse gas emissions from motor vehicles.
    41    e. Measures to achieve long-term carbon sequestration  and/or  promote
    42  best management practices in land use, agriculture and forestry.
    43    f. Verifiable, enforceable and voluntary emissions reduction measures.
    44    4. In developing such plan the department shall:
    45    a.  Consider  all  relevant  information  pertaining to greenhouse gas
    46  emissions reduction programs in other states, regions,  localities,  and
    47  nations.
    48    b.  Evaluate, using the best available economic models, emission esti-
    49  mation techniques and other  scientific  methods,  the  total  potential
    50  costs  and  potential economic and non-economic benefits of the plan for
    51  reducing greenhouse gases, and make such evaluation publicly  available.
    52  In conducting this evaluation, the department shall quantify:
    53    i.  The  economic  and  social  benefits  of  greenhouse gas emissions
    54  reductions, taking into account the federal social cost of  carbon,  any
    55  other  tools  that  the  department  deems useful and pertinent for this
    56  analysis, and any environmental, economic and public health  co-benefits

        A. 3008--B                         85
 
     1  (such as the reduction of co-pollutants and the diversification of ener-
     2  gy sources); and
     3    ii.  The  costs of implementing proposed emissions reduction measures,
     4  and the emissions reductions that the department  anticipates  achieving
     5  through these measures.
     6    c.  Take  into  account  the  relative  contribution of each source or
     7  source category to statewide greenhouse gas emissions, and the potential
     8  for adverse effects on small businesses,  and  recommend  a  de  minimis
     9  threshold  of  greenhouse  gas  emissions below which emission reduction
    10  requirements will not apply.
    11    d. Identify measures to maximize reductions  of  both  greenhouse  gas
    12  emissions  and  co-pollutants in disadvantaged communities as identified
    13  pursuant to section 75-0113 of this article.
    14    5. The department shall update its plan for  achieving  the  statewide
    15  greenhouse gas emissions limits at least once every five years and shall
    16  make such updates available to the governor, the speaker of the assembly
    17  and  the  temporary president of the senate and post such updates on its
    18  website.
    19  § 75-0111. Promulgation of regulations to achieve  statewide  greenhouse
    20               gas emissions reductions.
    21    1. No later than three years after the effective date of this article,
    22  the  department,  after public workshops and consultation with the coun-
    23  cil, the environmental justice advisory  group,  and  the  disadvantaged
    24  communities  working  group  established  pursuant to section 75-0113 of
    25  this article, representatives of regulated entities, community organiza-
    26  tions, environmental groups, health professionals, labor unions, munici-
    27  pal corporations, trade  associations  and  other  stakeholders,  shall,
    28  after no less than two public hearings, promulgate rules and regulations
    29  to ensure compliance with the statewide emissions reduction limits.
    30    2.  The  regulations  promulgated  by  the department pursuant to this
    31  section shall:
    32    a. Ensure that the aggregate emissions of greenhouse gases from  major
    33  and minor sources will not exceed the statewide greenhouse gas emissions
    34  limits established in section 75-0107 of this article.
    35    b.  Include  legally  enforceable emissions limits, performance stand-
    36  ards, or other requirements to control emissions from major sources.
    37    c. Include measures to reduce emissions from minor sources that have a
    38  cumulatively significant impact on statewide greenhouse  gas  emissions,
    39  such  as  motor vehicles and electric generating facilities of less than
    40  25 megawatts.
    41    3. In promulgating these regulations, the department shall:
    42    a. Design and implement all regulations in a manner that seeks  to  be
    43  equitable,  to  minimize costs and to maximize the total benefits to New
    44  York, and encourages early action to reduce greenhouse gas emissions.
    45    b. Ensure that greenhouse gas emissions reductions achieved are  real,
    46  permanent, quantifiable, verifiable, and enforceable by the department.
    47    c. Ensure that activities undertaken to comply with the regulations do
    48  not  result  in  a  net  increase in co-pollutant emissions or otherwise
    49  disproportionately burden disadvantaged communities as identified pursu-
    50  ant to section 75-0113 of this article.
    51    d. Prioritize measures to maximize net reductions  of  greenhouse  gas
    52  emissions  and  co-pollutants in disadvantaged communities as identified
    53  pursuant to section 75-0113 of this article and encourage  early  action
    54  to reduce greenhouse gas emissions and co-pollutants.
    55    e. Minimize leakage.
    56    4. Market-based compliance mechanisms.

        A. 3008--B                         86
 
     1    a.  The  department may, with the approval of the legislature, include
     2  in the regulations provisions for the  use  of  market-based  compliance
     3  mechanisms to comply with the regulations.
     4    b.  Prior to the inclusion of any market-based compliance mechanism in
     5  the regulations, to the  extent  feasible  and  in  the  furtherance  of
     6  achieving  the  statewide greenhouse gas emissions limit, the department
     7  shall do all of the following:
     8    i. Consider the potential for direct, indirect, and  cumulative  emis-
     9  sion  impacts  from  these  mechanisms,  including  localized impacts in
    10  disadvantaged communities as identified pursuant to section  75-0113  of
    11  this article;
    12    ii.  Design  any  market-based  compliance  mechanism  to  prevent any
    13  increase in the emissions of toxic air  contaminants  or  co-pollutants;
    14  and
    15    iii.  Maximize  additional  environmental, public health, and economic
    16  benefits for the state of New York  and  for  disadvantaged  communities
    17  identified pursuant to section 75-0113 of this article, as appropriate.
    18    c.  Such  regulations  shall  include provisions governing how market-
    19  based compliance mechanisms may be used by regulated entities subject to
    20  greenhouse  gas  emissions  limits  and  mandatory  emission   reporting
    21  requirements  to  achieve compliance with their greenhouse gas emissions
    22  limits.
    23    d. The department  shall  ensure  that  forty  percent  of  any  funds
    24  collected pursuant to any market-based compliance regulations promulgat-
    25  ed  under  this  section  as  a result of legislative authorization, and
    26  funds authorized by the public service commission to be collected solely
    27  for and directed to the New York state energy research  and  development
    28  authority  are  invested  in  a  manner which will benefit disadvantaged
    29  communities, identified pursuant to section  75-0113  of  this  article,
    30  consistent with the purposes of this article, including, but not limited
    31  to, increased access to renewable energy, energy efficiency, weatheriza-
    32  tion,  zero-  and  low-emission  transportation, and adaptation opportu-
    33  nities.  The department shall consult with the disadvantaged communities
    34  working group in developing and carrying out such investments.
    35  § 75-0113. Disadvantaged communities working group.
    36    1. There is hereby created within the department, no  later  than  six
    37  months after the effective date of this article, a "disadvantaged commu-
    38  nities working group." Such working group will be comprised of represen-
    39  tatives  from:  environmental  justice  communities, the department, the
    40  department of health and the department of labor.
    41    a. Environmental justice community representatives shall be members of
    42  communities of color, low-income communities,  and  communities  bearing
    43  disproportionate  pollution  and  climate  change  burdens,  or shall be
    44  representatives of community-based organizations with experience  and  a
    45  history  of  advocacy on environmental justice issues, and shall include
    46  at least three representatives from New  York  city  communities,  three
    47  representatives  from  rural communities, and three representatives from
    48  upstate urban communities.
    49    b. The working group, in cooperation with the department, the  depart-
    50  ments of health and labor, and the environmental justice advisory group,
    51  will  establish  criteria  to identify disadvantaged communities for the
    52  purposes  of   co-pollutant   reductions,   greenhouse   gas   emissions
    53  reductions,  regulatory impact statements, and the allocation of invest-
    54  ments related to this article.

        A. 3008--B                         87
 
     1    c. Disadvantaged communities shall be identified based on  geographic,
     2  public  health,  environmental hazard, and socioeconomic criteria, which
     3  shall include but are not limited to:
     4    (1)  areas  burdened  by  cumulative environmental pollution and other
     5  hazards that can lead to negative public health effects;
     6    (2) areas with concentrations of people that are of low  income,  high
     7  unemployment, high rent burden, low levels of home ownership, low levels
     8  of  educational  attainment, or members of groups that have historically
     9  experienced discrimination on the basis of race or ethnicity; and
    10    (3) areas vulnerable to the impacts of climate change such  as  flood-
    11  ing, storm surges, and urban heat island effects.
    12    2. Before finalizing the criteria for identifying disadvantaged commu-
    13  nities and identifying disadvantaged communities pursuant to subdivision
    14  one  of  this section, the department shall publish draft criteria and a
    15  draft list of disadvantaged communities and make such information avail-
    16  able on its website.
    17    a. The department shall hold at least six regional public hearings  on
    18  the  draft  criteria  and  the  draft list of disadvantaged communities,
    19  including three meetings in the upstate region and three meetings in the
    20  downstate region, and shall allow at least one hundred twenty  days  for
    21  the submission of public comment.
    22    b. The department shall also ensure that there are meaningful opportu-
    23  nities  for  public  comment for all persons who will be impacted by the
    24  criteria, including persons living in areas that may  be  identified  as
    25  disadvantaged communities under the proposed criteria.
    26    3.  The  group  will meet no less than annually to review the criteria
    27  and methods used to identify disadvantaged communities  and  may  modify
    28  such methods to incorporate new data and scientific findings. The disad-
    29  vantaged  communities working group shall review identities of disadvan-
    30  taged communities and modify such identities as needed.
    31  § 75-0115. Implementation reporting.
    32    1. The department shall, not less than every  four  years,  publish  a
    33  report  which shall include recommendations regarding the implementation
    34  of greenhouse gas reduction measures.
    35    2. The report shall, at minimum, include:
    36    a. Whether the state is on track to meet the statewide greenhouse  gas
    37  emissions limits established in section 75-0107 of this article.
    38    b. An assessment of existing regulations and whether modifications are
    39  needed  to  ensure fulfillment of the statewide greenhouse gas emissions
    40  limits.
    41    c. An overview of social benefits from the regulations or other  meas-
    42  ures, including reductions in greenhouse gas emissions and copollutants,
    43  diversification  of  energy  sources, and other benefits to the economy,
    44  environment, and public health, including women's health.
    45    d. An overview of compliance costs for regulated entities and for  the
    46  department and other state agencies.
    47    e.  Whether  regulations  or  other  greenhouse gas reduction measures
    48  undertaken are equitable, minimize costs and maximize the total benefits
    49  to the state, and encourage early action.
    50    f. Whether activities undertaken  to  comply  with  state  regulations
    51  disproportionately burden disadvantaged communities as identified pursu-
    52  ant to section 75-0113 of this article.
    53    g.  An  assessment  of local benefits and impacts of any reductions in
    54  copollutants related to reductions in statewide and local greenhouse gas
    55  emissions.

        A. 3008--B                         88
 
     1    h. An assessment of disadvantaged communities' access to or  community
     2  ownership of the services and commodities identified in section eight of
     3  the  chapter  of the laws of two thousand sixteen which added this arti-
     4  cle.
     5    i. Whether entities that have voluntarily reduced their greenhouse gas
     6  emissions  prior to the implementation of this article receive appropri-
     7  ate credit for early voluntary reductions.
     8    j. Recommendations for future regulatory and policy action.
     9    3. In preparing this report,  the  department  shall,  at  a  minimum,
    10  consult  with  the  council,  and the disadvantaged community work group
    11  established in section 75-0113 of this article.
    12    4. The report shall  be  published  and  posted  on  the  department's
    13  website.
    14    §  3.  Subdivision 1 of section 54-1523 of the environmental conserva-
    15  tion law is amended by adding a new paragraph h to read as follows:
    16    h. to  establish  and  implement  easily-replicated  renewable  energy
    17  projects, including solar arrays, heat pumps and wind turbines in public
    18  low-income housing in suburban, urban and rural areas.
    19    § 4. The public service law is amended by adding a new section 66-o to
    20  read as follows:
    21    §  66-o.  Establishment  of a renewable energy program.  1. As used in
    22  this section:
    23    (a) "electric distribution company" means  an  investor-owned  utility
    24  that distributes electricity within this state;
    25    (b)  "prevailing  rate  of  wages" shall have the same meaning as such
    26  term is defined in paragraph  a  of  subdivision  five  of  section  two
    27  hundred twenty of the labor law; and
    28    (c) "renewable energy systems" means systems that generate electricity
    29  or thermal energy through use of the following technologies: solar ther-
    30  mal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal
    31  ground  source  heat, tidal energy, wave energy, ocean thermal, offshore
    32  wind and fuel cells which do not utilize a fossil fuel resource  in  the
    33  process of generating electricity.
    34    2.  No later than January first, two thousand eighteen, the commission
    35  shall establish a program to require that a minimum of fifty percent  of
    36  the  statewide  electric capacity served by electric distribution compa-
    37  nies regulated by the commission in two thousand thirty shall be  gener-
    38  ated by renewable energy systems.
    39    (a)  The  program  shall  achieve  the  following  incremental minimum
    40  percentage capacity levels of renewable energy systems within the  areas
    41  served  by  the electric distribution companies regulated by the commis-
    42  sion:
    43    (i) twenty-seven percent by two thousand eighteen;
    44    (ii) thirty percent by two thousand twenty;
    45    (iii) forty percent by two thousand twenty-five; and
    46    (iv) fifty percent by two thousand thirty.
    47    (b) The minimum percentage capacity  levels  established  pursuant  to
    48  paragraph  (a)  of  this  subdivision  shall be achieved through minimum
    49  proportional obligations on each electric distribution company based  on
    50  the total annual kilowatt hours distributed as determined by the commis-
    51  sion,  provided  that  the  commission may require electric distribution
    52  corporations to achieve different proportional shares.
    53    (c) The program established by the commission shall  be  designed  to:
    54  (i) be cost-effective; (ii) encourage the deployment of renewable energy
    55  systems  at  the  bulk electric system level and behind-the-meter; (iii)
    56  allow for diversity in the size and  geographic  location  of  renewable

        A. 3008--B                         89
 
     1  energy systems; (iv) enable the participation of residential and non-re-
     2  sidential  customers, including special consideration to low-to-moderate
     3  income customers; (v) ensure that renewable energy systems will be stra-
     4  tegically  located  to  minimize  peak  load  in constrained areas; (vi)
     5  support electric system reliability and security; and (vii) achieve  any
     6  other objectives the commission may establish.
     7    (d)  In  developing  incentives  for the program, the commission shall
     8  consider the value of renewable energy  system  components  manufactured
     9  and  assembled  within  the  state  and  any other considerations deemed
    10  appropriate by the commission.
    11    (e) The commission shall order each electric distribution  company  to
    12  file  a  program  plan  by  June  first,  two thousand eighteen, for the
    13  purpose of fulfilling  its  obligations  established  pursuant  to  this
    14  subdivision.  The commission shall approve each such plan, or may modify
    15  it as it deems appropriate, if the commission finds that the plan  would
    16  result  in  achievement  of  the company's obligations, enhances program
    17  efficiency, and maximizes ratepayer value. Nothing in this section shall
    18  be construed as limiting the electric distribution companies' ability to
    19  propose, or the commission's ability to approve, a  joint  program  plan
    20  for one or more electric distribution companies.
    21    3.  No  later  than  July  first, two thousand eighteen, and every two
    22  years thereafter, the commission shall, after notice and  provision  for
    23  the  opportunity to comment, issue a comprehensive review of the program
    24  established pursuant to this section. The  commission  shall  determine,
    25  among  other matters: (a) progress of each electric distribution company
    26  in meeting its obligations established pursuant to  subdivision  two  of
    27  this  section  and  progress  in  meeting the overall annual targets for
    28  deployment of renewable energy systems; (b) the reasonableness  of  each
    29  electric distribution company's obligations; (c) distribution of systems
    30  by size and load zone; and (d) annual incentive commitments and expendi-
    31  tures.  The  commission  shall evaluate the reasonableness of the future
    32  annual targets established pursuant to paragraph (b) of subdivision  two
    33  of  this  section  and  determine  whether  the annual targets should be
    34  accelerated, increased or extended. The commission shall also review the
    35  incentive structures and electric distribution companies' program  plans
    36  and make adjustments as necessary in a manner that is cost-effective.
    37    4.  The  commission  may  suspend or terminate the program established
    38  under this section or suspend an electric distribution  company's  obli-
    39  gations  under such program provided that the commission, after conduct-
    40  ing a hearing as provided in section twenty of  this  chapter,  makes  a
    41  finding  that  the  program  impedes  the provision of safe and adequate
    42  electric service or that there is a significant increase in  arrears  or
    43  utility service disconnections that the commission determines is related
    44  to the program.
    45    5.  Every  contractor employed pursuant to this section, not otherwise
    46  required to pay laborers, workers or mechanics the  prevailing  rate  of
    47  wages  pursuant  to  article eight of the labor law, shall pay employees
    48  under contract for the development of renewable energy systems rated  at
    49  two  hundred  fifty  kilowatts  or  more,  a  wage  of not less than the
    50  prevailing rate of wages for  such  work  in  the  locality  where  such
    51  installation  occurs.  This requirement shall be in effect for the dura-
    52  tion of the receipt by the  contractor  of  the  incentives  established
    53  pursuant  to  this section and in no event shall such requirement extend
    54  beyond the availability of such incentives. Every contractor subject  to
    55  the  provisions  of  this  subdivision shall maintain payroll records in
    56  accordance with section two hundred twenty of the labor law.

        A. 3008--B                         90

     1    § 5. Section 1005 of the public authorities law is amended by adding a
     2  new subdivision 26 to read as follows:
     3    26. a. For the purposes of this subdivision, the following terms shall
     4  have the following meanings:
     5    (1)  "Prevailing  rate  of  wages" shall have the same meaning as such
     6  term is defined in paragraph  a  of  subdivision  five  of  section  two
     7  hundred twenty of the labor law; and
     8    (2) "Renewable energy systems" means systems that generate electricity
     9  or thermal energy through use of the following technologies: solar ther-
    10  mal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal
    11  ground  source  heat, tidal energy, wave energy, ocean thermal, offshore
    12  wind and fuel cells which do not utilize a fossil fuel resource  in  the
    13  process of generating electricity.
    14    b.  As  deemed  feasible  and advisable by the trustees, no later than
    15  January first, two thousand eighteen, the authority  shall  establish  a
    16  program  to  require  that  a  minimum  of fifty percent of the electric
    17  capacity served by the authority in two thousand thirty shall be  gener-
    18  ated  by  renewable energy systems.  The proposed program shall first be
    19  made available to the public, with notice and opportunity  for  comment,
    20  before final adoption by the authority's board of trustees.
    21    (1)  The  program  shall  achieve  the  following  incremental minimum
    22  percentage capacity levels of renewable energy systems:
    23    (i) twenty-seven percent by two thousand eighteen;
    24    (ii) thirty percent by two thousand twenty;
    25    (iii) forty percent by two thousand twenty-five; and
    26    (iv) fifty percent by two thousand thirty.
    27    (2) The program established by the authority shall be designed to: (i)
    28  be cost-effective; (ii) encourage the  deployment  of  renewable  energy
    29  systems  at  the  bulk electric system level and behind-the-meter; (iii)
    30  allow for diversity in the size and  geographic  location  of  renewable
    31  energy systems; (iv) enable the participation of residential and non-re-
    32  sidential  customers, including special consideration to low-to-moderate
    33  income customers; (v) ensure that renewable energy systems will be stra-
    34  tegically located to minimize  peak  load  in  constrained  areas;  (vi)
    35  support  electric system reliability and security; and (vii) achieve any
    36  other objectives the authority may establish.
    37    c. In developing incentives  for  the  program,  the  authority  shall
    38  consider  the  value  of renewable energy system components manufactured
    39  and assembled within the  state  and  any  other  considerations  deemed
    40  appropriate by the authority.
    41    d.  No  later  than  July  first, two thousand eighteen, and every two
    42  years thereafter, the authority shall, after notice  and  provision  for
    43  the  opportunity to comment, issue a comprehensive review of the program
    44  established pursuant to this subdivision. The authority shall determine,
    45  among other matters: (1) progress in meeting its minimum capacity levels
    46  for deployment of renewable energy systems; (2) distribution of  systems
    47  by size, and load zone; and (3) annual incentive commitments and expend-
    48  itures.  The  authority  shall evaluate the reasonableness of the future
    49  minimum capacity levels established  pursuant  to  subparagraph  one  of
    50  paragraph b of this subdivision and determine whether the minimum capac-
    51  ity  levels  should be accelerated, increased or extended. The authority
    52  shall also review the  incentive  structures  and  make  adjustments  as
    53  necessary in a manner that is cost-effective.
    54    e.  The  authority  may  suspend  or terminate the program established
    55  under this section after a finding that the program impedes the authori-

        A. 3008--B                         91
 
     1  ty's duty to obtain and maintain a continuous  and  adequate  supply  of
     2  dependable electric power and energy.
     3    f.  Every contractor employed pursuant to this subdivision, not other-
     4  wise required to pay laborers, workers or mechanics the prevailing  rate
     5  of wages pursuant to article eight of the labor law, shall pay employees
     6  under  contract for the development of renewable energy systems rated at
     7  two hundred fifty kilowatts or more a wage of not less than the prevail-
     8  ing rate of wages for such work in the locality where such  installation
     9  occurs.  This  requirement  shall  be  in effect for the duration of the
    10  receipt by the contractor of the incentives established pursuant to this
    11  subdivision and in no event shall such  requirement  extend  beyond  the
    12  availability  of  such  incentives.    Every  contractor  subject to the
    13  provisions of this paragraph shall maintain payroll records  in  accord-
    14  ance with section two hundred twenty of the labor law.
    15    §  6.  Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
    16  law, as renumbered by chapter 388 of the laws of  2011,  are  renumbered
    17  sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
    18  to read as follows:
    19    §  1020-ii. Establishment of a renewable energy program. 1. As used in
    20  this section:
    21    (a) "prevailing rate of wages" shall have the  same  meaning  as  such
    22  term  is  defined  in  paragraph  a  of  subdivision five of section two
    23  hundred twenty of the labor law; and
    24    (b) "renewable energy systems" means systems that generate electricity
    25  or thermal energy through use of the following technologies: solar ther-
    26  mal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal
    27  ground source heat, tidal energy, wave energy, ocean  thermal,  offshore
    28  wind  and  fuel cells which do not utilize a fossil fuel resource in the
    29  process of generating electricity.
    30    2. No later than January first, two thousand eighteen,  the  authority
    31  shall  establish a program to require that a minimum of fifty percent of
    32  the electric capacity served by the authority  in  two  thousand  thirty
    33  shall  be  generated  by  renewable energy systems. The proposed program
    34  shall first be made available to the public, with notice and opportunity
    35  for comment, before final adoption by the board.
    36    (a) The  program  shall  achieve  the  following  incremental  minimum
    37  percentage capacity levels of renewable energy systems:
    38    (i) twenty-seven percent by two thousand eighteen;
    39    (ii) thirty percent by two thousand twenty;
    40    (iii) forty percent by two thousand twenty-five; and
    41    (iv) fifty percent by two thousand thirty.
    42    (b) The program established by the authority shall be designed to: (i)
    43  be  cost-effective;  (ii)  encourage  the deployment of renewable energy
    44  systems at the bulk electric system level  and  behind-the-meter;  (iii)
    45  allow  for  diversity  in  the size and geographic location of renewable
    46  energy systems; (iv) enable the participation of residential and non-re-
    47  sidential customers, including special consideration to  low-to-moderate
    48  income customers; (v) ensure that renewable energy systems will be stra-
    49  tegically  located  to  minimize  peak  load  in constrained areas; (vi)
    50  support electric system reliability and security; and (vii) achieve  any
    51  other objectives the authority may establish.
    52    (c)  In  developing  incentives  for  the program, the authority shall
    53  consider the value of renewable energy  system  components  manufactured
    54  and  assembled  within  the  state  and  any other considerations deemed
    55  appropriate by the authority.

        A. 3008--B                         92
 
     1    3. No later than July first, two  thousand  eighteen,  and  every  two
     2  years  thereafter,  the  authority shall, after notice and provision for
     3  the opportunity to comment, issue a comprehensive review of the  program
     4  established  pursuant  to  this  section. The authority shall determine,
     5  among other matters: (a) progress in meeting its minimum capacity levels
     6  for  deployment of renewable energy systems; (b) distribution of systems
     7  by size and load zone; and (c) annual incentive commitments and expendi-
     8  tures. The authority shall evaluate the  reasonableness  of  the  future
     9  minimum  capacity levels established pursuant to paragraph (a) of subdi-
    10  vision two of this section and determine whether  the  minimum  capacity
    11  levels should be accelerated, increased or extended. The authority shall
    12  also  review  the incentive structures and make adjustments as necessary
    13  in a manner that is cost-effective.
    14    4. The authority may suspend  or  terminate  the  program  established
    15  under  this section after a finding that there is a significant increase
    16  in arrears or utility service disconnections that the  authority  deter-
    17  mines is related to the program or that the program impedes the authori-
    18  ty's  duty  to  obtain  and maintain a continuous and adequate supply of
    19  dependable electric power and energy.
    20    5. Every contractor employed pursuant to this section,  not  otherwise
    21  required  to  pay  laborers, workers or mechanics the prevailing rate of
    22  wages pursuant to article eight of the labor law,  shall  pay  employees
    23  under  contract for the development of renewable energy systems rated at
    24  two hundred fifty kilowatts or  more,  a  wage  of  not  less  than  the
    25  prevailing  rate  of  wages  for  such  work  in the locality where such
    26  installation occurs. This requirement shall be in effect for  the  dura-
    27  tion  of  the  receipt  by  the contractor of the incentives established
    28  pursuant to this section and in no event shall such  requirement  extend
    29  beyond  the availability of such incentives. Every contractor subject to
    30  the provisions of this subdivision shall  maintain  payroll  records  in
    31  accordance with section two hundred twenty of the labor law.
    32    §  7.  The labor law is amended by adding a new article 8-B to read as
    33  follows:
    34                                 ARTICLE 8-B
    35                LABOR AND JOB STANDARDS AND WORKER PROTECTION
    36  Section 228. Labor and job standards and worker protection.
    37    § 228. Labor and job standards and worker  protection.  1.  All  state
    38  agencies  involved in implementing the New York state climate and commu-
    39  nity protection act shall assess and implement  strategies  to  increase
    40  employment  opportunities  and  improve  job quality. Within one hundred
    41  twenty days of the effective date of this section, all  state  agencies,
    42  offices, authorities, and divisions shall report to the legislature on:
    43    a. steps they will take to ensure compliance with this section; and
    44    b.  regulations necessary to ensure that they prioritize the statewide
    45  goal of creating good jobs and increasing employment opportunities.
    46    2.  In  considering  and  issuing  permits,   licenses,   regulations,
    47  contracts,  and other administrative approvals and decisions pursuant to
    48  the New York state climate and community protection act, all state agen-
    49  cies, offices, authorities, and  divisions  shall  apply  the  following
    50  labor,  training,  and  job  quality  standards to the following project
    51  types: public work; projects in receipt of more than one  hundred  thou-
    52  sand  dollars in total financial assistance; or to projects with a total
    53  value of more than ten million dollars; and privately-financed  projects
    54  on public property.
    55    a.  the  payment of no less than prevailing wages for all employees in
    56  construction and building, consistent with article  eight  of  the  this

        A. 3008--B                         93
 
     1  chapter,  and  building  services,  consistent with article nine of this
     2  chapter;
     3    b.  the inclusion of contract language requiring contractors to estab-
     4  lish labor harmony policies; dispute resolution  mechanisms;  prevailing
     5  wage   compliance;   safety  policies;  workers  compensation  insurance
     6  (including review of contractor experience rating  and  other  factors);
     7  and  apprenticeship program appropriate for crafts employed. Procurement
     8  rules should encourage bundling  of  small  contracts  and  projects  to
     9  improve the efficiency of compliance;
    10    c. apprenticeship utilization:
    11    i.  that  all  contractors  and  subcontractors,  including those that
    12  participate in power purchase agreements, energy performance  contracts,
    13  or other similar programs, participate in apprenticeship programs in the
    14  trades in which they are performing work;
    15    ii.  maximum  use  of  apprentices as per department of labor approved
    16  ratios;
    17    iii. encouragement of affiliated pre-apprentice direct entry programs,
    18  including but not limited to EJM Construction  Skills;  NYC  Helmets  to
    19  Hardhats, and Nontraditional Employment for Women (NEW) for the recruit-
    20  ment of local and/or disadvantaged workers;
    21    iv.  existing  workforce  development programs, including those at the
    22  New York state energy research and development authority, should be made
    23  to conform to these standards.
    24    3. The commissioner, the fiscal officer and  other  relevant  agencies
    25  shall  promulgate  such  regulations  as  are necessary to implement and
    26  administer compliance with the provisions of this section.  The  depart-
    27  ment  and  the  fiscal officer shall coordinate with organized labor and
    28  local and county level  governments  to  implement  a  system  to  track
    29  compliance, accept reports of non-compliance for enforcement action, and
    30  report  annually  on  the adoption of these standards to the legislature
    31  starting one year from the effective date of this section.
    32    a. For the purposes of this section, "fiscal officer" shall  mean  the
    33  industrial  commissioner,  except  for construction and building service
    34  work performed by or on behalf of a city, in which case "fiscal officer"
    35  shall mean the comptroller or other analogous officer of such city.
    36    b. The provisions of  the  contract  by  the  recipient  of  financial
    37  assistance  pertaining  to  prevailing  wages  are  to  be  considered a
    38  contract for the benefit of construction and building  service  workers,
    39  upon  which such workers shall have the right to maintain action for the
    40  difference between the prevailing wage rate of pay, benefits,  and  paid
    41  leave  and  the rates of pay, benefits, and paid leave actually received
    42  by them, and including attorney's fees.
    43    c. i. Where a recipient of  financial  assistance  contracts  building
    44  service work to a building service contractor, the contractor is held to
    45  the  same obligations with respect to prevailing wages as the recipient.
    46  The recipient must include terms establishing this obligation within any
    47  contract signed with a contractor.
    48    ii.  Where  a  recipient  of  financial   assistance   contracts   for
    49  construction,  excavation,  demolition,  rehabilitation,  repair,  reno-
    50  vation, alteration or improvement to a subcontractor, the  subcontractor
    51  is  held to the same obligations with respect to prevailing wages as the
    52  recipient. The recipient must include terms establishing this obligation
    53  within any contract signed with a subcontractor.
    54    4. For the purposes of this section "financial assistance"  means  any
    55  provision  of  public  funds  to any person, individual, proprietorship,
    56  partnership, joint  venture,  corporation,  limited  liability  company,

        A. 3008--B                         94
 
     1  trust,  association,  organization, or other entity that receives finan-
     2  cial assistance, or any assignee or successor in interest of real  prop-
     3  erty  improved  or  developed  with  financial  assistance, for economic
     4  development within the state, including but not limited to cash payments
     5  or  grants,  bond financing, tax abatements or exemptions, including but
     6  not limited to abatements or exemptions  from  real  property,  mortgage
     7  recording,  sales, and use taxes, or the difference between any payments
     8  in lieu of taxes and the amount of real property  or  other  taxes  that
     9  would  have  been due if the property were not exempted from such taxes,
    10  tax increment financing, filing fee  waivers,  energy  cost  reductions,
    11  environmental  remediation  costs,  write-downs  in  the market value of
    12  buildings or land, or the cost of capital improvements related  to  real
    13  property  for  which  the  state  would  not  pay absent the development
    14  project, and includes both discretionary and as of right assistance. The
    15  provisions of this section shall only apply to projects  receiving  more
    16  than  one  hundred thousand dollars in total financial assistance, or to
    17  projects with a total project value of more than ten million dollars.
    18    5. The commissioner shall evaluate whether there are additional stand-
    19  ards that could be applied to increase wage and benefit standards or  to
    20  encourage a safe, well-trained, and adequately compensated workforce.
    21    6.  Nothing  set  forth  in this section shall be construed to impede,
    22  infringe, or diminish the rights and benefits which accrue to  employees
    23  through  bona fide collective bargaining agreements, or otherwise dimin-
    24  ish the integrity of the existing collective bargaining relationship.
    25    7. Nothing set forth in this section shall preclude a local government
    26  from setting additional standards that expand on these state-wide stand-
    27  ards.
    28    § 8. Report on barriers to, and opportunities for, community ownership
    29  of services and commodities  in  disadvantaged  communities.  1.  On  or
    30  before  two  years  of the effective date of this act, the department of
    31  environmental conservation, with input from relevant state agencies, the
    32  environmental justice advisory group as defined in  section  75-0101  of
    33  the  environmental conservation law, the disadvantaged communities work-
    34  ing group as defined in section 75-0113 of the  environmental  conserva-
    35  tion  law  and  Climate  Action Council established in article 75 of the
    36  environmental conservation law, and following at least two public  hear-
    37  ings,  shall  prepare  a  report  on barriers to, and opportunities for,
    38  access to or community ownership of the following services  and  commod-
    39  ities  in  disadvantaged  communities as identified in article 75 of the
    40  environmental conservation law:
    41    a. Distributed renewable energy generation.
    42    b. Energy efficiency and weatherization investments.
    43    c. Zero-emission and low-emission transportation options.
    44    d. Adaptation measures to improve the resilience of  homes  and  local
    45  infrastructure to the impacts of climate change including but not limit-
    46  ed to microgrids.
    47    e. Other services and infrastructure that can reduce the risks associ-
    48  ated with climate-related hazards, including but not limited to:
    49    i. Shelters and cool rooms during extreme heat events;
    50    ii. Shelters during flooding events; and
    51    iii.  Medical  treatment for asthma and other conditions that could be
    52  exacerbated by climate-related events.
    53    2. The report, which shall be submitted to the governor,  the  speaker
    54  of  the assembly and the temporary president of the senate and posted on
    55  the department of  environmental  conservation  website,  shall  include

        A. 3008--B                         95
 
     1  recommendations  on  how  to increase access to the services and commod-
     2  ities.
     3    3.  The department of environmental conservation shall amend the scop-
     4  ing plan for statewide greenhouse gas emissions reductions in accordance
     5  with the recommendations included in the report.
     6    § 9. Climate change actions by state agencies. 1. All  state  agencies
     7  shall  assess  and  implement  strategies to reduce their greenhouse gas
     8  emissions.
     9    2. In considering and issuing permits, licenses, and other administra-
    10  tive approvals and decisions, including but not limited to the execution
    11  of grants, loans, and contracts, all state agencies,  offices,  authori-
    12  ties, and divisions shall consider whether such decisions are inconsist-
    13  ent  with  or will interfere with the attainment of the statewide green-
    14  house  gas  emissions  limits  established  in   article   75   of   the
    15  environmental  conservation  law.  Where such decisions are deemed to be
    16  inconsistent with or will interfere with the attainment of the statewide
    17  greenhouse gas emissions limits,  each  agency,  office,  authority,  or
    18  division  shall, provide a detailed statement of justification as to why
    19  such limits/criteria may not be met, and, to the maximum extent  practi-
    20  cable, identify alternatives or greenhouse gas mitigation measures to be
    21  required where such project is located.
    22    3. In considering and issuing permits, licenses, and other administra-
    23  tive approvals and decisions, including but not limited to the execution
    24  of  grants, loans, and contracts, pursuant to article 75 of the environ-
    25  mental conservation law, all state agencies, offices,  authorities,  and
    26  divisions  shall not disproportionately burden disadvantaged communities
    27  as identified pursuant to subdivision 7 of section 75-0101 of the  envi-
    28  ronmental  conservation  law.  All state agencies, offices, authorities,
    29  and divisions shall also prioritize reductions of greenhouse  gas  emis-
    30  sions  and  co-pollutants  in  disadvantaged  communities  as identified
    31  pursuant to such subdivision 7 of section 75-0101 of  the  environmental
    32  conservation law.
    33    §  10. Authorization for other state agencies to promulgate greenhouse
    34  gas emissions regulations. 1. The public  service  commission,  the  New
    35  York  State energy research and development authority, the department of
    36  health, the department of transportation, the department of  state,  the
    37  department  of  economic  development, the department of agriculture and
    38  markets, the department of financial services,  the  office  of  general
    39  services,  the  division  of  housing  and community renewal, the public
    40  utility authorities established pursuant to  titles  1,  1-A,  1-B,  11,
    41  11-A, 11-B, 11-C and 11-D of article 5 of the public authorities law and
    42  any  other  state  agency  may  promulgate  regulations to contribute to
    43  achieving the statewide greenhouse gas emissions limits  established  in
    44  article 75 of the environmental conservation law. Provided, however, any
    45  such regulations shall not limit the department of environmental conser-
    46  vation's  authority  to  regulate  and  control greenhouse gas emissions
    47  pursuant to article 75 of the environmental conservation law.
    48    § 11. Chapter 355 of the laws of  2014,  constituting  the  "community
    49  risk and resiliency act", is amended by adding two new sections 17-a and
    50  17-b to read as follows:
    51    §  17-a.  The  department  of  environmental  conservation  shall take
    52  actions to promote adaptation and resilience, including:
    53    (a) actions to help state  agencies  and  other  entities  assess  the
    54  reasonably foreseeable risks of climate change on any proposed projects,
    55  taking  into account issues such as: sea level rise, tropical and extra-
    56  tropical cyclones, storm surges, flooding, wind, changes in average  and

        A. 3008--B                         96
 
     1  peak  temperatures,  changes  in  average and peak precipitation, public
     2  health impacts, and impacts on species and other natural resources.
     3    (b)  the  most  significant climate-related risks, taking into account
     4  the probability of occurrence, the magnitude of the potential harm,  and
     5  the uncertainty of the risk.
     6    (c) measures that could mitigate significant climate-related risks, as
     7  well as a cost-benefit analysis and implementation of such measures.
     8    § 17-b. Major permits for the regulatory programs of subdivision three
     9  of  section  70-0107 of the environmental conservation law shall require
    10  applicants to demonstrate that future physical  climate  risk  has  been
    11  considered. In reviewing such information the department may require the
    12  applicant  to mitigate significant risks to public infrastructure and/or
    13  services, private property not owned by the applicant,  adverse  impacts
    14  on  disadvantaged  communities, and/or natural resources in the vicinity
    15  of the project.
    16    § 12. Nothing in this act shall limit  the  existing  authority  of  a
    17  state  entity  to adopt and implement greenhouse gas emissions reduction
    18  measures.
    19    § 13. Nothing in this act shall relieve any person, entity, or  public
    20  agency of compliance with other applicable federal, state, or local laws
    21  or  regulations, including state air and water quality requirements, and
    22  other requirements for protecting public health or the environment.
    23    § 14. Severability. If any word, phrase, clause, sentence,  paragraph,
    24  section, or part of this act shall be adjudged by any court of competent
    25  jurisdiction  to be invalid, such judgement shall not affect, impair, or
    26  invalidate the remainder thereof, but shall be confined in its operation
    27  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    28  eof directly involved in the controversy in which such  judgement  shall
    29  have been rendered.
    30    §  15.  This  act  shall  take effect on the same date and in the same
    31  manner as a chapter of the laws  of  2017,  amending  the  environmental
    32  conservation  law,  relating  to  establishing a permanent environmental
    33  justice advisory group and an environmental justice interagency  coordi-
    34  nating  council,  as  proposed  in  legislative bills numbers A.2234 and
    35  S.3110, takes effect; provided further, the provisions of section  seven
    36  of  this act shall take effect on the one hundred eightieth day after it
    37  shall have become a law and  shall  apply  to  any  grants,  loans,  and
    38  contracts  and  financial assistance awarded or renewed on or after such
    39  effective date.
 
    40                                   PART YY
 
    41    Section 1. Section 33-0705 of the environmental conservation  law,  as
    42  amended  by  section  1  of part H of chapter 57 of the laws of 2014, is
    43  amended to read as follows:
    44  § 33-0705. Fee for registration.
    45    The applicant for registration shall pay a fee as follows:
    46    a. On or before July 1, [2017] 2020,  six  hundred  dollars  for  each
    47  pesticide  proposed  to  be  registered, provided that the applicant has
    48  submitted to the department proof in the form of a  federal  income  tax
    49  return  for  the  previous  year showing gross annual sales, for federal
    50  income tax purposes, of three million five hundred thousand  dollars  or
    51  less;
    52    b. On or before July 1, [2017] 2020, for all others, six hundred twen-
    53  ty dollars for each pesticide proposed to be registered;

        A. 3008--B                         97
 
     1    c.  After  July  1,  [2017]  2020,  fifty  dollars  for each pesticide
     2  proposed to be registered.
     3    §  2.  Section 9 of chapter 67 of the laws of 1992, amending the envi-
     4  ronmental conservation law relating to  pesticide  product  registration
     5  timetables  and fees, as amended by section 2 of part H of chapter 57 of
     6  the laws of 2014, is amended to read as follows:
     7    § 9. This act shall take effect April 1, 1992 provided, however,  that
     8  section  three  of  this  act  shall  take effect July 1, 1993 and shall
     9  expire and be deemed repealed on July 1, [2017] 2020.
    10    § 3. This act shall take effect immediately and  shall  be  deemed  to
    11  have been in full force and effect on and after April 1, 2017.
 
    12                                   PART ZZ
 
    13    Section  1.  1.  The metropolitan transportation authority (MTA) shall
    14  produce an alternatives analysis for the construction of  a  light  rail
    15  system  along the west shore of Staten Island. The MTA shall submit such
    16  analysis, no later than June 30, 2017, to the  governor,  the  temporary
    17  president of the senate and the speaker of the assembly.
    18    2.  For  purposes  of  this act, the term "metropolitan transportation
    19  authority" or "MTA" shall mean the corporation created by  section  1263
    20  of the public authorities law.
    21    § 2. This act shall take effect immediately.
 
    22                                  PART AAA
 
    23    Section  1.  1.  The metropolitan transportation authority (MTA) shall
    24  develop and implement a toll rebate plan  for  the  Cross  Bay  Veterans
    25  Memorial  Bridge. The toll rebate shall fully reimburse any toll paid by
    26  any student, parent or guardian of a student attending school in  commu-
    27  nity  school  district  27  who utilizes the Cross Bay Veterans Memorial
    28  Bridge for purposes of transporting students to  and  from  school.  The
    29  toll  rebate  shall  fully  reimburse any toll paid by any employee of a
    30  school in community school district 27 who utilizes the Cross Bay Veter-
    31  ans Memorial Bridge for purposes of employment in said school district.
    32    2. For purposes of this act,  the  term  "metropolitan  transportation
    33  authority"  or  "MTA" shall mean the corporation created by section 1263
    34  of the public authorities law.
    35    § 2. This act shall take effect on the ninetieth day  after  it  shall
    36  have become a law.
 
    37                                  PART BBB
 
    38    Section  1.  1.  Notwithstanding  any  other  law, rule, regulation or
    39  order, no zero-emission credits shall be purchased nor shall  any  costs
    40  associated  with  such credits be recovered or transferred by any entity
    41  subject to the order of the New York public service  commission,  issued
    42  August 1, 2016 in cases 15-E-0302 and 16-E-0270, establishing a zero-em-
    43  ission  credit  ("ZEC")  requirement,  until  the interim chairperson or
    44  chairperson of the New York public service commission and the  president
    45  of  the  New York state energy research and development authority appear
    46  before a joint public hearing of the senate and assembly to testify  and
    47  answer questions related to, but not limited to, the following:
    48    (a) the public purpose for the ZEC, including, but not limited, to the
    49  impacts on local economies;

        A. 3008--B                         98
 
     1    (b) the methodology used to determine the necessity and pricing of the
     2  ZEC;
     3    (c)  the  determination  to allow load serving entities to recover ZEC
     4  costs from all ratepayers;
     5    (d) the disproportionate impact of the ZEC on  low  and  fixed  income
     6  ratepayers;
     7    (e)  all  benefits,  financial  and otherwise, received by the Fitzpa-
     8  trick, Ginna and Nine Mile Point generating  facilities  in  association
     9  with reforming the energy vision program;
    10    (f)  the consumer cost of the ZEC, throughout the compliance period of
    11  twelve years;
    12    (g) all burdens, financial and mechanical,  imposed  on  load  serving
    13  entities and ratepayers;
    14    (h)  a  description of the steps taken to promote public participation
    15  and transparency prior to the approval of the order; and
    16    (i) the reasons for the proportional share purchase  requirements  for
    17  load serving entities.
    18    2.  Such  interim  chairperson  or  chairperson and president shall be
    19  required to appear before such joint public hearing of  the  senate  and
    20  assembly  held pursuant to subdivision one of this section no later than
    21  thirty days after the effective date of this act.
    22    § 2. This act shall take effect immediately.
    23    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    24  sion, section or part of this act shall be  adjudged  by  any  court  of
    25  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    26  impair, or invalidate the remainder thereof, but shall  be  confined  in
    27  its  operation  to the clause, sentence, paragraph, subdivision, section
    28  or part thereof directly involved in the controversy in which such judg-
    29  ment shall have been rendered. It is hereby declared to be the intent of
    30  the legislature that this act would  have  been  enacted  even  if  such
    31  invalid provisions had not been included herein.
    32    §  3.  This  act shall take effect immediately provided, however, that
    33  the applicable effective date of Parts A through BBB of this  act  shall
    34  be as specifically set forth in the last section of such Parts.
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