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S08008 Summary:

BILL NOS08008C
 
SAME ASSAME AS UNI. A09008-C
 
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 2022-2023 state fiscal year; relates to providing for mass transportation payments, in relation to the amount of payments in the Capital District Transportation District; adds Montgomery County to such District (Part E); relates to the electronic submission and public posting of bids for New York state thruway authority construction, reconstruction and improvement contracts (Part F); increases the statutory threshold for mandatory use of design-build by the metropolitan transportation authority (Part H); relates to procurements conducted by the metropolitan transportation authority and the New York city transit authority (Part I); relates to the New York transit authority and the metropolitan transportation authority, in relation to extending authorization for tax increment financing for the metropolitan transportation authority (Part J); relates to establishing the accident prevention course internet technology pilot program, in relation to the effectiveness thereof (Part O); relates to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof; relates to the costs of the department of motor vehicles, in relation to the effectiveness thereof (Part P); establishes an identification card program; waives non-driver identification application fees for incarcerated individuals (Part Q); requires all state agencies to update all applicable forms and data systems to include a gender "x" option (Part R); authorizes the disclosure of records for the public service loan forgiveness program (Part S); relates to the pilot program for entertainment industry employees and the pilot program for displaced workers; relates to the New York state health insurance continuation assistance demonstration project, in relation to the effectiveness thereof (Part T); relates to brownfield opportunity areas (Part U); authorizes certain health care professionals licensed to practice in other jurisdictions to practice in this state in connection with the Winter World University Games; provides for the repeal of such provisions upon expiration thereof (Part X); relates to the powers of the New York state urban development corporation to make loans, in relation to extending loan powers (Part Y); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part Z); amends the infrastructure investment act, in relation to requiring project labor agreements when undertaking certain authorized projects, and in relation to the effectiveness thereof; authorizes, for certain public works undertaken pursuant to project labor agreements, use of the alternative delivery method known as design-build contracts, in relation to the definition of authorized entity, and in relation to the effectiveness thereof (Part AA); relates to the excelsior linked deposit program (Part BB); creates the small business seed funding grant program (Part CC); relates to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part DD); relates to the cannabis social equity fund (Part II); repeals certain provisions of law relating to fiber optic cable (Part JJ); t removes a program cap and allows funding of the solid waste mitigation program's inactive landfill initiative (Part KK); relates to eligibility for participation in the brownfield cleanup program, assignment of the brownfield redevelopment tax credits and brownfield opportunity areas; relates to brownfield redevelopment tax credits, remediated brownfield credit for real property taxes for qualified sites and environmental remediation insurance credits, in relation to the effectiveness thereof (Part LL); extends the waste tire management fee; conforms the applicable administrative provisions to article 28 of the tax law (Part MM); authorizes the creation of state debt in the amount of three billion dollars, in relation to creating the environmental bond act of 2022 "restore mother nature" for the purposes of environmental improvements that preserve, enhance, and restore New York's natural resources and reduce the impact of climate change; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2022, in relation to creating the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022 (Part NN); relates to the implementation of the environmental bond act of 2022 "restore mother nature", in relation to renaming such act the "clean water, clean air, and green jobs environmental bond act of 2022" (Part OO); increases the transfer amount from the real estate transfer tax to the environmental protection fund (Part PP); relates to freshwater wetlands; (Part QQ); relates to the water pollution control revolving fund (Part UU); relates to the vessel surcharge (Part WW); relates to river regulating district payment of taxes on lands owned by the state (Part XX); relates to the powers, functions and duties of the state council of parks, recreation and historic preservation and the regional park, recreation and historic preservation commissions (Part YY); authorizes the energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part AAA); authorizes utility and cable television assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of environmental conservation, department of state, and the office of parks, recreation and historic preservation from utility assessment revenues; provides for the repeal of such provisions upon the expiration thereof (Part BBB); authorizes the power authority of the state of New York to enter into agreements with state instrumentalities and municipal entities for the use of excess capacity in its broadband technologies and infrastructure (Part FFF); establishes the commercial driver's license (CDL) class A young adult training program (Part GGG); expands the Restore New York's Communities Initiative (Part HHH); requires assessments to defray operating expenses on persons regulated by the department of financial services that engage in virtual currency business activity (Part III); requires the department of taxation and finance contract with an economic impact firm for the purposes of conducting an independent, comprehensive, analysis of each tax credit, tax deduction, and tax incentive (Part JJJ); enhances the state's flood mitigation and coastal resiliency activities (Part KKK); requires the metropolitan transportation authority to publish certain data relating to capital programs on the authority's website (Part LLL); enacts the "working to implement reliable and equitable deployment of broadband act (WIRED broadband act)" (Part MMM); relates to the reporting of economic development benefits and establishing a searchable state subsidy and aggregate economic development benefits database (Part NNN).
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S08008 Actions:

BILL NOS08008C
 
01/19/2022REFERRED TO FINANCE
02/22/2022AMEND (T) AND RECOMMIT TO FINANCE
02/22/2022PRINT NUMBER 8008A
03/13/2022AMEND (T) AND RECOMMIT TO FINANCE
03/13/2022PRINT NUMBER 8008B
04/08/2022AMEND (T) AND RECOMMIT TO FINANCE
04/08/2022PRINT NUMBER 8008C
04/08/2022ORDERED TO THIRD READING CAL.749
04/08/2022MESSAGE OF NECESSITY - 3 DAY MESSAGE
04/08/2022PASSED SENATE
04/08/2022DELIVERED TO ASSEMBLY
04/08/2022referred to ways and means
04/08/2022substituted for a9008c
04/08/2022ordered to third reading rules cal.73
04/08/2022message of necessity - 3 day message
04/08/2022passed assembly
04/08/2022returned to senate
04/09/2022DELIVERED TO GOVERNOR
04/09/2022SIGNED CHAP.58
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S08008 Memo:

Memo not available
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S08008 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 8008--C                                            A. 9008--C
 
                SENATE - ASSEMBLY
 
                                    January 19, 2022
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  intentionally omitted (Part A); intentionally omitted (Part B);
          intentionally omitted (Part C); intentionally  omitted  (Part  D);  to
          amend part I of chapter 413 of the laws of 1999, relating to providing
          for  mass  transportation  payments,  in  relation  to  the  amount of
          payments in the Capital District Transportation  District  and  adding
          Montgomery  County  to  such  District  (Part  E); to amend the public
          authorities law, in relation to the electronic submission  and  public
          posting  of  bids  for  New York state thruway authority construction,
          reconstruction and improvement contracts (Part F); intentionally omit-
          ted (Part G); to amend the public  authorities  law,  in  relation  to
          increasing  the  statutory threshold for mandatory use of design-build
          by the metropolitan transportation authority (Part H);  to  amend  the
          public  authorities  law, in relation to procurements conducted by the
          metropolitan transportation authority and the New  York  city  transit
          authority  (Part  I);  to  amend part PP of chapter  54 of the laws of
          2016 amending the general municipal law relating  to the   New    York
          transit    authority and the metropolitan transportation authority, in
          relation to extending authorization  for tax  increment financing  for
          the  metropolitan   transportation authority (Part  J);  intentionally
          omitted  (Part K); intentionally omitted (Part L); intentionally omit-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12673-05-2

        S. 8008--C                          2                         A. 9008--C
 
          ted (Part M); intentionally omitted (Part N); to amend chapter 751  of
          the laws of 2005, amending the insurance law and the vehicle and traf-
          fic law relating to establishing the accident prevention course inter-
          net technology pilot program, in relation to the effectiveness thereof
          (Part O); to amend part U1 of chapter 62 of the laws of 2003, amending
          the  vehicle  and  traffic  law  and other laws relating to increasing
          certain motor vehicle transaction fees, in relation to the  effective-
          ness  thereof;  and to amend part B of chapter 84 of the laws of 2002,
          amending the state finance law relating to the costs of the department
          of motor vehicles, in relation to the effectiveness thereof (Part  P);
          to  amend the correction law, in relation to establishing an identifi-
          cation card program; and to amend the vehicle and  traffic    law,  in
          relation  to  waiving  non-driver  identification application fees for
          incarcerated individuals (Part Q); to amend the civil rights  law,  in
          relation  to  requiring  all  state  agencies to update all applicable
          forms and data systems to include a gender "x"  option  (Part  R);  to
          amend  the public officers law, in relation to authorizing the disclo-
          sure of records for the public service loan forgiveness program  (Part
          S);  to  amend the insurance law, in relation to the pilot program for
          entertainment industry employees and the pilot program  for  displaced
          workers,  and  to  amend chapter 495 of the laws of 2004, amending the
          insurance law and the public health law relating to the New York state
          health insurance continuation  assistance  demonstration  project,  in
          relation  to  the effectiveness thereof (Part T); to amend the general
          municipal law, in relation to brownfield opportunity areas  (Part  U);
          intentionally  omitted  (Part  V);  intentionally omitted (Part W); in
          relation to authorizing certain health care professionals licensed  to
          practice   in  other  jurisdictions  to  practice  in  this  state  in
          connection with the Winter World University Games; and  providing  for
          the  repeal  of  such  provisions upon expiration thereof (Part X); to
          amend chapter 393 of the  laws  of  1994 amending the New  York  state
          urban  development corporation act relating to  the  powers of the New
          York state urban development corporation to make loans, in relation to
          extending loan powers (Part Y); to amend the urban development  corpo-
          ration  act,  in  relation  to extending the authority of the New York
          state urban development corporation to  administer  the  empire  state
          economic  development  fund  (Part  Z);  to  amend  the infrastructure
          investment act, in relation to requiring project labor agreements when
          undertaking certain authorized projects, and in relation to the effec-
          tiveness thereof; and to amend chapter 749 of the laws of 2019 author-
          izing, for certain public works undertaken pursuant to  project  labor
          agreements,  use  of  the alternative delivery method known as design-
          build contracts, in relation to the definition of  authorized  entity,
          and  in  relation to the effectiveness thereof (Part AA); to amend the
          state finance law, in relation to the excelsior linked deposit program
          (Part BB); to amend the New York state urban  development  corporation
          act,  in  relation  to  creating the small business seed funding grant
          program (Part CC); to  amend  chapter  584 of the laws of 2011, amend-
          ing the public authorities law relating to the powers and  duties   of
          the    dormitory authority  of  the  state of New York relative to the
          establishment of subsidiaries for certain purposes, in  relation    to
          the  effectiveness thereof (Part DD); intentionally omitted (Part EE);
          intentionally  omitted  (Part  FF);  intentionally  omitted (Part GG);
          intentionally omitted (Part HH); to amend the state  finance  law  and
          the  public authorities law, in relation to the cannabis social equity
          fund (Part II); to repeal certain provisions of the  highway  law  and

        S. 8008--C                          3                         A. 9008--C
 
          transportation  corporations  law, relating to fiber optic cable (Part
          JJ); to amend the  environmental  conservation  law,  in  relation  to
          removing  a  program cap and allowing funding of the solid waste miti-
          gation  program's inactive landfill initiative (Part KK); to amend the
          environmental conservation law and the tax law, in relation to  eligi-
          bility for participation in the brownfield cleanup program, assignment
          of the brownfield redevelopment tax credits and brownfield opportunity
          areas;  and to amend part H of chapter 1 of the laws of 2003, amending
          the tax law relating to brownfield redevelopment tax credits,  remedi-
          ated brownfield credit for real property taxes for qualified sites and
          environmental remediation insurance credits, in relation to the effec-
          tiveness  thereof  (Part  LL); to amend the environmental conservation
          law, in relation to  extending  the  waste  tire  management  fee  and
          conforming  the  applicable administrative provisions to article 28 of
          the tax law (Part MM); to amend part TT of chapter 59 of the  laws  of
          2021  authorizing  the  creation  of state debt in the amount of three
          billion dollars, in relation to creating the environmental bond act of
          2022  "restore  mother  nature"  for  the  purposes  of  environmental
          improvements  that  preserve,  enhance, and restore New York's natural
          resources and reduce the impact of climate change; and  providing  for
          the  submission to the people of a proposition or question therefor to
          be voted upon at the general election to be held in November, 2022, in
          relation to creating the Clean Water, Clean Air, and Green Jobs  Envi-
          ronmental  Bond  Act  of  2022  (Part  NN); to amend the environmental
          conservation law, the state finance law, and part UU of chapter 59  of
          the  laws  of 2021 amending the environmental conservation law and the
          state finance law relating to the implementation of the  environmental
          bond act of 2022 "restore mother nature", in relation to renaming such
          act the "clean water, clean air, and green jobs environmental bond act
          of  2022"  (Part  OO); to amend the tax law, in relation to increasing
          the transfer amount from the real estate transfer tax to the  environ-
          mental protection fund (Part PP); to amend the environmental conserva-
          tion  law,  in  relation to freshwater wetlands; and to repeal certain
          provisions of such law relating thereto (Part QQ); intentionally omit-
          ted (Part RR); intentionally omitted (Part SS); intentionally  omitted
          (Part TT); to amend the environmental conservation law, in relation to
          the  water  pollution  control revolving fund (Part UU); intentionally
          omitted (Part VV); to amend the vehicle and traffic law and the  state
          finance  law,  in  relation  to  the  vessel  surcharge; and to repeal
          certain provisions of the state finance  law  relating  thereto  (Part
          WW); to amend the environmental conservation law and the real property
          tax  law, in relation to river regulating district payment of taxes on
          lands owned by the state (Part XX); to amend the parks, recreation and
          historic preservation law, in relation to the  powers,  functions  and
          duties  of the state council of parks, recreation and historic preser-
          vation and the regional park,  recreation  and  historic  preservation
          commissions;  and  to  repeal  certain provisions of such law relating
          thereto (Part YY); intentionally omitted (Part ZZ); to  authorize  the
          energy  research and development authority to finance a portion of its
          research, development and demonstration, policy and planning, and Fuel
          NY program, as well as climate change related expenses of the  depart-
          ment  of  environmental conservation and the department of agriculture
          and markets' Fuel NY program, from an assessment on gas  and  electric
          corporations  (Part  AAA);  to  authorize utility and cable television
          assessments that provide funds to the department of health from  cable
          television  assessment  revenues  and to the department of agriculture

        S. 8008--C                          4                         A. 9008--C
 
          and markets, department of environmental conservation,  department  of
          state,  and  the office of parks, recreation and historic preservation
          from utility assessment revenues; and providing for the repeal of such
          provisions upon the expiration thereof (Part BBB); intentionally omit-
          ted  (Part CCC); intentionally omitted (Part DDD); intentionally omit-
          ted (Part EEE); to amend the public authorities law,  in  relation  to
          authorizing the power authority of the state of New York to enter into
          agreements with state instrumentalities and municipal entities for the
          use  of  excess capacity in its broadband technologies and infrastruc-
          ture (Part FFF); to amend the vehicle and traffic law, in relation  to
          establishing the commercial driver's license (CDL) class A young adult
          training  program;  and  to repeal subdivision 36 of section 14 of the
          transportation law relating thereto (Part GGG);  to  amend  the  urban
          development  corporation act, in relation to expanding the Restore New
          York's Communities Initiative  (Part  HHH);  to  amend  the  financial
          services law, in relation to requiring assessments to defray operating
          expenses  on persons regulated by the department of financial services
          that engage in virtual currency business activity (Part III); to amend
          the tax law, in relation to requiring the department of  taxation  and
          finance  contract  with  an  economic  impact firm for the purposes of
          conducting an independent, comprehensive, analysis of each tax credit,
          tax deduction, and tax incentive (Part JJJ);  to  amend  the  environ-
          mental  conservation  law,  in relation to enhancing the state's flood
          mitigation and coastal resiliency activities (Part KKK); to amend  the
          public  authorities  law,  in  relation  to requiring the metropolitan
          transportation authority to publish certain data relating  to  capital
          programs  on the authority's website (Part LLL); to amend the New York
          state urban development corporation act, the general municipal law and
          the labor law, in relation to enacting the "working to implement reli-
          able and equitable deployment of broadband act (WIRED broadband  act)"
          (Part MMM); and to amend chapter 174 of the laws of 1968, constituting
          the  New  York  state  urban development corporation act, the economic
          development law, and the public authorities law, in  relation  to  the
          reporting of economic development benefits and establishing a searcha-
          ble state subsidy and aggregate economic development benefits database
          (Part NNN)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  necessary  to  implement  the state transportation, economic development
     3  and environmental conservation budget for  the  2022-2023  state  fiscal
     4  year.    Each  component is wholly contained within a Part identified as
     5  Parts A through NNN. The effective date for  each  particular  provision
     6  contained  within  such  Part  is  set forth in the last section of such
     7  Part. Any provision in any section contained within  a  Part,  including
     8  the effective date of the Part, which makes a reference to a section "of
     9  this act", when used in connection with that particular component, shall
    10  be  deemed to mean and refer to the corresponding section of the Part in
    11  which it is found. Section three of this  act  sets  forth  the  general
    12  effective date of this act.
 
    13                                   PART A

        S. 8008--C                          5                         A. 9008--C
 
     1                            Intentionally Omitted
 
     2                                   PART B
 
     3                            Intentionally Omitted
 
     4                                   PART C

     5                            Intentionally Omitted
 
     6                                   PART D
 
     7                            Intentionally Omitted
 
     8                                   PART E
 
     9    Section  1.  Section  1  of part I of chapter 413 of the laws of 1999,
    10  relating to providing for mass transportation payments,  as  amended  by
    11  section  1  of  part  D of chapter 58 of the laws of 2015, is amended to
    12  read as follows:
    13    Section 1. Notwithstanding any other law, rule or  regulation  to  the
    14  contrary,  payment  of mass transportation operating assistance pursuant
    15  to section 18-b of the  transportation  law  shall  be  subject  to  the
    16  provisions  contained  herein and the amounts made available therefor by
    17  appropriation.
    18    In establishing service and usage formulas for  distribution  of  mass
    19  transportation  operating assistance, the commissioner of transportation
    20  may combine and/or  take  into  consideration  those  formulas  used  to
    21  distribute  mass transportation operating assistance payments authorized
    22  by separate appropriations in order to facilitate program administration
    23  and to ensure an orderly distribution of such funds.
    24    To improve the predictability  in  the  level  of  funding  for  those
    25  systems  receiving operating assistance payments under service and usage
    26  formulas, the commissioner of  transportation  is  authorized  with  the
    27  approval  of  the  director  of  the budget, to provide service payments
    28  based on service and usage statistics of the preceding year.
    29    In the case of a service payment made, pursuant to section 18-b of the
    30  transportation law, to a regional transportation authority on account of
    31  mass transportation services provided to more than one county (consider-
    32  ing the city of New York to be one county), the respective shares of the
    33  matching payments required to be made by a county to any such  authority
    34  shall be as follows:
 
    35                                    Percentage
    36                                   of Matching
    37  Local Jurisdiction                 Payment
    38  --------------------------------------------
    39  In  the  Metropolitan Commuter
    40    Transportation District:
    41  New York City ................          6.40
    42  Dutchess .....................          1.30
    43  Nassau .......................         39.60

        S. 8008--C                          6                         A. 9008--C
 
     1  Orange .......................          0.50
     2  Putnam .......................          1.30
     3  Rockland .....................          0.10
     4  Suffolk ......................         25.70
     5  Westchester ..................         25.10
     6  In the Capital District Trans-
     7    portation District:
     8  Albany .......................  [56.10] 55.27
     9  Rensselaer ...................  [23.30] 22.96
    10  Saratoga .....................    [4.10] 4.04
    11  Schenectady ..................  [16.50] 16.26
    12  Montgomery ...................           1.47
    13  In  the  Central  New York Re-
    14    gional  Transportation  Dis-
    15    trict:
    16  Cayuga .......................         5.11
    17  Onondaga .....................         75.83
    18  Oswego .......................         2.85
    19  Oneida .......................         16.21
    20  In  the  Rochester-Genesee Re-
    21    gional  Transportation  Dis-
    22    trict:
    23  Genesee ......................          1.36
    24  Livingston ...................           .90
    25  Monroe .......................         90.14
    26  Wayne ........................           .98
    27  Wyoming ......................           .51
    28  Seneca .......................           .64
    29  Orleans ......................           .77
    30  Ontario ......................          4.69
    31    In the Niagara Frontier Trans-
    32    portation  District:   Erie .........................            89.20
    33  Niagara ......................         10.80
 
    34    Notwithstanding any other inconsistent provisions of section  18-b  of
    35  the transportation law or any other law, any moneys provided to a public
    36  benefit  corporation constituting a transportation authority or to other
    37  public transportation systems in payment of state  operating  assistance
    38  or  such  lesser amount as the authority or public transportation system
    39  shall make application for, shall be paid by the commissioner of  trans-
    40  portation to such authority or public transportation system in lieu, and
    41  in full satisfaction, of any amounts which the authority would otherwise
    42  be entitled to receive under section 18-b of the transportation law.
    43    Notwithstanding  the  reporting  date provision of section 17-a of the
    44  transportation law, the reports of each regional transportation authori-
    45  ty and other major public transportation systems receiving  mass  trans-
    46  portation  operating  assistance shall be submitted on or before July 15
    47  of each year in the format prescribed by the commissioner of transporta-
    48  tion. Copies of such reports shall also be filed with  the  chairpersons
    49  of  the senate finance committee and the assembly ways and means commit-
    50  tee and the director of the budget. The commissioner  of  transportation
    51  may withhold future state operating assistance payments to public trans-
    52  portation systems or private operators that do not provide such reports.
    53    Payments may be made in quarterly installments as provided in subdivi-
    54  sion 2 of section 18-b of the transportation law or in such other manner
    55  and  at such other times as the commissioner of transportation, with the

        S. 8008--C                          7                         A. 9008--C
 
     1  approval of the director of the budget, may provide; and  where  payment
     2  is  not  made in the manner provided by such subdivision 2, the matching
     3  payments required of any city, county, Indian  tribe  or  intercity  bus
     4  company  shall  be made within 30 days of the payment of state operating
     5  assistance pursuant to this section or on such other  basis  as  may  be
     6  agreed  upon  by the commissioner of transportation, the director of the
     7  budget, and the chief executive officer of  such  city,  county,  Indian
     8  tribe or intercity bus company.
     9    The commissioner of transportation shall be required to annually eval-
    10  uate the operating and financial performance of each major public trans-
    11  portation  system. Where the commissioner's evaluation process has iden-
    12  tified a problem related to system  performance,  the  commissioner  may
    13  request the system to develop plans to address the performance deficien-
    14  cies. The commissioner of transportation may withhold future state oper-
    15  ating  assistance  payments  to public transportation systems or private
    16  operators that do not provide such operating, financial, or other infor-
    17  mation as may be required by the commissioner to conduct the  evaluation
    18  process.
    19    Payments  shall  be  made  contingent upon compliance with regulations
    20  deemed necessary and appropriate, as prescribed by the  commissioner  of
    21  transportation  and  approved by the director of the budget, which shall
    22  promote the economy, efficiency, utility, effectiveness, and coordinated
    23  service delivery of public transportation systems. The  chief  executive
    24  officer  of  each public transportation system receiving a payment shall
    25  certify to the commissioner of transportation, in addition  to  informa-
    26  tion  required  by  section  18-b  of the transportation law, such other
    27  information as the commissioner of  transportation  shall  determine  is
    28  necessary to determine compliance and carry out the purposes herein.
    29    Counties,  municipalities  or  Indian  tribes that propose to allocate
    30  service payments to operators on a basis other than the amount earned by
    31  the service payment formula shall be required to describe  the  proposed
    32  method  of  distributing  governmental  operating  aid and submit it one
    33  month prior to the start of the operator's fiscal year  to  the  commis-
    34  sioner of transportation in writing for review and approval prior to the
    35  distribution of state aid. The commissioner of transportation shall only
    36  approve  alternate  distribution  methods  which are consistent with the
    37  transportation needs of the people to be  served  and  ensure  that  the
    38  system  of private operators does not exceed established maximum service
    39  payment limits. Copies of such  approvals  shall  be  submitted  to  the
    40  chairpersons  of  the senate finance and assembly ways and means commit-
    41  tees.
    42    Notwithstanding the provisions of subdivision 4 of section 18-b of the
    43  transportation law, the commissioner of transportation is authorized  to
    44  continue  to  use  prior quarter statistics to determine current quarter
    45  payment amounts, as initiated in the April to June quarter of  1981.  In
    46  the  event  that  actual  revenue  passengers and actual total number of
    47  vehicle, nautical or car miles are not available for the preceding quar-
    48  ter, estimated statistics may be used  as  the  basis  of  payment  upon
    49  approval  by  the  commissioner  of  transportation.  In such event, the
    50  succeeding payment shall be adjusted to reflect the  difference  between
    51  the actual and estimated total number of revenue passengers and vehicle,
    52  nautical  or  car  miles used as the basis of the estimated payment. The
    53  chief executive officer may apply for less aid than the system is eligi-
    54  ble to receive. Each quarterly payment shall be attributable to  operat-
    55  ing expenses incurred during the quarter in which it is received, unless
    56  otherwise  specified  by such commissioner.   In the event that a public

        S. 8008--C                          8                         A. 9008--C
 
     1  transportation system ceases to participate in  the  program,  operating
     2  assistance  due  for the final quarter that service is provided shall be
     3  based upon the actual total number of revenue passengers and the  actual
     4  total number of vehicle, nautical or car miles carried during that quar-
     5  ter.
     6    Payments  shall  be  contingent  on compliance with audit requirements
     7  determined by the commissioner of transportation.
     8    In the event that an  audit  of  a  public  transportation  system  or
     9  private  operator receiving funds discloses the existence of an overpay-
    10  ment of state operating assistance, regardless of whether such an  over-
    11  payment  results  from  an  audit  of  revenue passengers and the actual
    12  number of revenue vehicle miles statistics, or an audit of private oper-
    13  ators in cases where more than a reasonable return based  on  equity  or
    14  operating revenues and expenses has resulted, the commissioner of trans-
    15  portation,  in  addition  to  recovering  the  amount of state operating
    16  assistance overpaid, shall also recover  interest,  as  defined  by  the
    17  department of taxation and finance, on the amount of the overpayment.
    18    Notwithstanding  any  other  law,  rule or regulation to the contrary,
    19  whenever the commissioner of transportation is  notified  by  the  comp-
    20  troller  that  the  amount  of  revenues  available  for payment from an
    21  account is less than the total amount of money for which the public mass
    22  transportation systems  are  eligible  pursuant  to  the  provisions  of
    23  section 88-a of the state finance law and any appropriations enacted for
    24  these  purposes,  the  commissioner  of transportation shall establish a
    25  maximum payment limit which is proportionally lower than the amounts set
    26  forth in appropriations.
    27    Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
    28  of the state finance law and any other general or special law,  payments
    29  may  be  made  in  quarterly installments or in such other manner and at
    30  such other  times  as  the  commissioner  of  transportation,  with  the
    31  approval of the director of the budget may prescribe.
    32    §  2.  This  act  shall take effect immediately and shall be deemed to
    33  have been in full force and effect on and after April 1, 2022.
 
    34                                   PART F
 
    35    Section 1. Subdivision 1 of section 359 of the public authorities law,
    36  as amended by section 6 of part TT of chapter 54 of the laws of 2016, is
    37  amended to read as follows:
    38    1. On assuming jurisdiction of a thruway section or connection or  any
    39  part  thereof,  or  of a highway connection, the authority shall proceed
    40  with the construction, reconstruction or improvement thereof.  All  such
    41  work  shall  be  done pursuant to a contract or contracts which shall be
    42  let to the lowest  responsible  bidder,  by  sealed  proposals  publicly
    43  opened, after public advertisement and upon such terms and conditions as
    44  the  authority  shall require; provided, however, that the authority may
    45  reject any and all proposals and may advertise  for  new  proposals,  as
    46  herein  provided, if in its opinion, the best interests of the authority
    47  will thereby be promoted; provided further, however, that at the request
    48  of the authority, all or any portion of such  work,  together  with  any
    49  engineering  required by the authority in connection therewith, shall be
    50  performed by the commissioner and his subordinates in the department  of
    51  transportation  as  agents for, and at the expense of, the authority.  A
    52  sealed proposal may be accepted through an  electronic  platform  estab-
    53  lished  or  used  by  the  authority,  provided that any sealed proposal

        S. 8008--C                          9                         A. 9008--C
 
     1  received electronically shall be made public at the  same  time  as  any
     2  competing paper proposal, and provided further that the authority shall,
     3  at  minimum, provide the same opportunity and time for submitting sealed
     4  proposals  physically  as for sealed proposals submitted electronically,
     5  and shall provide the opportunity for bidders to submit sealed proposals
     6  physically any time that it provides the opportunity  to  submit  sealed
     7  electronic proposals. In addition, the authority shall establish a proc-
     8  ess  for  accommodating force majeure events that prevent the submission
     9  of a sealed electronic proposal, including but not limited  to  internet
    10  and power outage events, and for automatically confirming receipt of any
    11  sealed  electronic  proposal  received. All bidders shall be notified of
    12  the time and place of any such adjournment or rejection.
    13    § 2. This act shall take effect immediately.
 
    14                                   PART G

    15                            Intentionally Omitted
 
    16                                   PART H
 
    17    Section 1. Subdivision 1 of section 1264  of  the  public  authorities
    18  law,  as  amended by section 2 of subpart B of part ZZZ of chapter 59 of
    19  the laws of 2019, is amended to read as follows:
    20    1. The purposes of the authority shall  be  the  continuance,  further
    21  development   and  improvement  of  commuter  transportation  and  other
    22  services related thereto within the metropolitan commuter transportation
    23  district, including but not limited to such transportation by  railroad,
    24  omnibus,  marine  and  air,  in  accordance  with the provisions of this
    25  title. It shall be the further purpose of the authority, consistent with
    26  its status as the ex officio board of both the  New  York  city  transit
    27  authority and the triborough bridge and tunnel authority, to develop and
    28  implement  a  unified mass transportation policy for such district in an
    29  efficient and cost-effective manner that includes  the  use  of  design-
    30  build contracting on all projects over [twenty-five] two hundred million
    31  dollars  in cost for new construction and all projects over four hundred
    32  million dollars in cost for projects that  are  predominantly  rehabili-
    33  tation or replacement of existing assets except where a waiver is grant-
    34  ed  by the New York state budget director pursuant to a request in writ-
    35  ing from the metropolitan  transportation  authority.  For  purposes  of
    36  granting  a  waiver pursuant to this section, such review shall consider
    37  whether the design build  contracting  method  is  appropriate  for  the
    38  project  that  such  waiver is sought for, and the amount of savings and
    39  efficiencies that could be achieved using such method. The determination
    40  for such waiver shall be made in writing  within  forty-five  days  from
    41  request or shall be deemed granted.
    42    § 2. This act shall take effect immediately.
 
    43                                   PART I
 
    44    Section  1.  Paragraph  (b)  of  subdivision  7 of section 1209 of the
    45  public authorities law, as amended by section 3 of subpart C of part ZZZ
    46  of chapter 59 of the laws of 2019, is amended to read as follows:
    47    (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall
    48  apply  to  the authority's acquisition of goods or services of any kind,
    49  in the actual or estimated amount of fifteen thousand dollars  or  more,

        S. 8008--C                         10                         A. 9008--C
 
     1  provided  that  (i)  a  contract for services in the actual or estimated
     2  amount of one million dollars or less shall not require approval by  the
     3  board of the authority regardless of the length of the period over which
     4  the  services  are  rendered,  and  provided further that a contract for
     5  services in the actual or estimated amount  in  excess  of  one  million
     6  dollars  shall require approval by the board of the authority regardless
     7  of the length of the period over which the services are rendered  unless
     8  such  a  contract  is  awarded  to  the  lowest responsible bidder after
     9  obtaining sealed bids and (ii) the board of the authority may by  resol-
    10  ution  adopt  guidelines  that authorize the award of contracts to small
    11  business concerns, to service disabled veteran owned  businesses  certi-
    12  fied  pursuant  to article seventeen-B of the executive law, or minority
    13  or  women-owned  business  enterprises  certified  pursuant  to  article
    14  fifteen-A of the executive law, or purchases of goods or technology that
    15  are  recycled  or remanufactured, in an amount not to exceed one million
    16  five hundred thousand dollars without a formal competitive  process  and
    17  without  further  board approval. The board of the authority shall adopt
    18  guidelines which shall be made publicly available for  the  awarding  of
    19  such contract without a formal competitive process.
    20    §  2.  Paragraph  (e)  of  subdivision 9 of section 1209 of the public
    21  authorities law, as added by chapter 929 of the laws of 1986, is amended
    22  to read as follows:
    23    (e) the item is available  through  an  existing  contract  between  a
    24  vendor and (i) another public authority provided that such other author-
    25  ity  utilized  a  process of competitive bidding or a process of compet-
    26  itive requests for proposals to award such  contract,  (ii)  the  United
    27  States general services administration provided that such administration
    28  utilized  a  process  of competitive bidding or a process of competitive
    29  requests for proposals to award such contract, (iii)  Nassau  county  or
    30  [(ii)] (iv) the state of New York or the city of New York, provided that
    31  in  any  case  when  the  authority under this paragraph determines that
    32  obtaining such item thereby would be in the  public  interest  and  sets
    33  forth the reasons for such determination.  Such rationale shall include,
    34  but  need not be limited to, a determination of need, a consideration of
    35  the procurement method by which the contract was awarded, an analysis of
    36  alternative procurement sources including an explanation why  a  compet-
    37  itive  procurement  or  the  use  of  a  centralized contract let by the
    38  commissioner of the office of general services is not in the best inter-
    39  est of the authority, and the  reasonableness  of  cost.  The  authority
    40  shall  accept  sole  responsibility  for any payment due the vendor as a
    41  result of the authority's order; or
    42    § 3. Subdivision 10 of section 1209 of the public authorities law,  as
    43  added by chapter 929 of the laws of 1986, is amended to read as follows:
    44    10.  Upon  the  adoption of a resolution by the authority stating, for
    45  reasons of efficiency, economy, compatibility or  maintenance  reliabil-
    46  ity,  that there is a need for standardization, the authority may estab-
    47  lish procedures whereby particular supplies, materials or equipment  are
    48  identified  on  a qualified products list. Such procedures shall provide
    49  for products or vendors to be added to or deleted  from  such  list  and
    50  shall include provisions for public advertisement of the manner in which
    51  such  lists  are  compiled. The authority shall review such list no less
    52  than [twice] once a year for the purpose of making modifications  there-
    53  to.    Contracts for particular supplies, materials or equipment identi-
    54  fied on a qualified products list may be awarded by the authority to the
    55  lowest responsible bidder after obtaining sealed bids in accordance with
    56  this section or without competitive sealed bids in  instances  when  the

        S. 8008--C                         11                         A. 9008--C
 
     1  item  is  available from only a single source, except that the authority
     2  may dispense with advertising provided that it mails copies of the invi-
     3  tation to bid to all vendors of the particular  item  on  the  qualified
     4  products list.
     5    §  4.  Paragraph  (b) of subdivision 2 of section 1265-a of the public
     6  authorities law, as amended by section 3-a of subpart C of part  ZZZ  of
     7  chapter 59 of the laws of 2019, is amended to read as follows:
     8    (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
     9  apply to the authority's acquisition of goods or services of  any  kind,
    10  in  the  actual or estimated amount of fifteen thousand dollars or more,
    11  provided (i) that a contract for services in  the  actual  or  estimated
    12  amount  of one million dollars or less shall not require approval by the
    13  board of the authority regardless of the length of the period over which
    14  the services are rendered, and provided  further  that  a  contract  for
    15  services  in  the  actual  or  estimated amount in excess of one million
    16  dollars shall require approval by the board of the authority  regardless
    17  of  the length of the period over which the services are rendered unless
    18  such a contract is  awarded  to  the  lowest  responsible  bidder  after
    19  obtaining sealed bids, and (ii) the board of the authority may by resol-
    20  ution  adopt  guidelines  that authorize the award of contracts to small
    21  business concerns, to service disabled veteran owned  businesses  certi-
    22  fied  pursuant  to article seventeen-B of the executive law, or minority
    23  or  women-owned  business  enterprises  certified  pursuant  to  article
    24  fifteen-A of the executive law, or purchases of goods or technology that
    25  are  recycled  or remanufactured, in an amount not to exceed one million
    26  five hundred thousand dollars without a formal competitive  process  and
    27  without  further  board approval. The board of the authority shall adopt
    28  guidelines which shall be made publicly available for  the  awarding  of
    29  such contract without a formal competitive process.
    30    §  5.  Paragraph  (e) of subdivision 4 of section 1265-a of the public
    31  authorities law, as added by chapter 929 of the laws of 1986, is amended
    32  to read as follows:
    33    (e) the item is available  through  an  existing  contract  between  a
    34  vendor and (i) another public authority provided that such other author-
    35  ity  utilized  a  process of competitive bidding or a process of compet-
    36  itive requests for proposals to award such contracts [or],  (ii)  Nassau
    37  county, [or] (iii) the state of New York [or], (iv) the city of New York
    38  or  (v)  the United States general services administration provided that
    39  such administration utilized a process of competitive bidding or a proc-
    40  ess of competitive  requests  for  proposals  to  award  such  contract,
    41  provided that in any case when under this paragraph the authority deter-
    42  mines  that  obtaining such item thereby would be in the public interest
    43  and sets forth the reasons for such determination.  Such rationale shall
    44  include, but need not be limited to, a determination of need, a  consid-
    45  eration  of the procurement method by which the contract was awarded, an
    46  analysis of alternative procurement sources including an explanation why
    47  a competitive procurement or the use of a centralized  contract  let  by
    48  the  commissioner  of  the office of general services is not in the best
    49  interest of the authority, and the reasonableness of cost. The authority
    50  shall accept sole responsibility for any payment due  the  vendor  as  a
    51  result of the authority's order; or
    52    § 6. Subdivision 5 of section 1265-a of the public authorities law, as
    53  added by chapter 929 of the laws of 1986, is amended to read as follows:
    54    5.  Upon  the  adoption  of a resolution by the authority stating, for
    55  reasons of efficiency, economy, compatibility or  maintenance  reliabil-
    56  ity,  that there is a need for standardization, the authority may estab-

        S. 8008--C                         12                         A. 9008--C
 
     1  lish procedures whereby particular supplies, materials or equipment  are
     2  identified  on  a qualified products list. Such procedures shall provide
     3  for products or vendors to be added to or deleted  from  such  list  and
     4  shall include provisions for public advertisement of the manner in which
     5  such  lists  are  compiled. The authority shall review such list no less
     6  than [twice] once a year for the purpose of making  such  modifications.
     7  Contracts  for particular supplies, materials or equipment identified on
     8  a qualified products list may be awarded by the authority to the  lowest
     9  responsible  bidder  after obtaining sealed bids in accordance with this
    10  section or without competitive sealed bids in instances when the item is
    11  available from only a single  source,  except  that  the  authority  may
    12  dispense  with  advertising provided that it mails copies of the invita-
    13  tion to bid to all vendors of  the  particular  item  on  the  qualified
    14  products list.
    15    §  7.  This act shall take effect immediately; provided, however, that
    16  the amendments to paragraph (b) of subdivision 7 of section 1209 of  the
    17  public  authorities law made by section one of this act shall not affect
    18  the expiration of such subdivision and shall be deemed to expire  there-
    19  with;  and  provided  further, however, that the amendments to paragraph
    20  (b) of subdivision 2 of section 1265-a of  the  public  authorities  law
    21  made by section four of this act shall not affect the expiration of such
    22  paragraph and shall be deemed to expire therewith.
 
    23                                   PART J
 
    24    Section  1.  Section  3  of part PP of chapter 54 of the laws of 2016,
    25  amending the general municipal law relating  to  the  New  York  transit
    26  authority  and  the metropolitan transportation authority, as amended by
    27  section  1  of  part  K of chapter 58 of the laws of 2020, is amended to
    28  read as follows:
    29    § 3. This act shall take effect immediately; provided that the  amend-
    30  ments  to  subdivision  1  of section 119-r of the general municipal law
    31  made by section two of this act shall  expire  and  be  deemed  repealed
    32  April  1,  [2022]  2023, and provided further that such repeal shall not
    33  affect the validity or duration of any contract entered into before that
    34  date pursuant to paragraph f of such subdivision.
    35    § 2. This act shall take effect immediately.
 
    36                                   PART K
 
    37                            Intentionally Omitted
 
    38                                   PART L
 
    39                            Intentionally Omitted
 
    40                                   PART M
 
    41                            Intentionally Omitted
 
    42                                   PART N
 
    43                            Intentionally Omitted

        S. 8008--C                         13                         A. 9008--C
 
     1                                   PART O
 
     2    Section  1. Section 5 of chapter 751 of the laws of 2005, amending the
     3  insurance law and the vehicle and traffic law relating  to  establishing
     4  the  accident  prevention  course  internet technology pilot program, as
     5  amended by section 4 of part ZZ of chapter 58 of the laws  of  2020,  is
     6  amended to read as follows:
     7    § 5. This act shall take effect on the one hundred eightieth day after
     8  it shall have become a law and shall expire and be deemed repealed April
     9  1,  [2022]  2024;  provided  that any rules and regulations necessary to
    10  implement the provisions of this act on its effective date  are  author-
    11  ized and directed to be completed on or before such date.
    12    § 2. This act shall take effect immediately.
 
    13                                   PART P
 
    14    Section  1.  Section  13 of part U1 of chapter 62 of the laws of 2003,
    15  amending the vehicle and traffic law and other laws relating to increas-
    16  ing certain motor vehicle transaction fees, as amended by section  1  of
    17  part  YY  of  chapter  58  of  the  laws  of 2020, is amended to read as
    18  follows:
    19    § 13. This act shall take effect immediately;  provided  however  that
    20  sections  one through seven of this act, the amendments to subdivision 2
    21  of section 205 of the tax law made by section eight  of  this  act,  and
    22  section nine of this act shall expire and be deemed repealed on April 1,
    23  [2022]  2024;  provided further, however, that the provisions of section
    24  eleven of this act shall take effect April 1, 2004 and shall expire  and
    25  be deemed repealed on April 1, [2022] 2024.
    26    §  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
    27  the state finance law relating to the costs of the department  of  motor
    28  vehicles,  as  amended by section 2 of part YY of chapter 58 of the laws
    29  of 2020, is amended to read as follows:
    30    § 2. This act shall take effect April 1, 2002; provided,  however,  if
    31  this  act  shall become a law after such date it shall take effect imme-
    32  diately and shall be deemed to have been in full force and effect on and
    33  after April 1, 2002; provided further,  however,  that  this  act  shall
    34  expire and be deemed repealed on April 1, [2022] 2024.
    35    § 3. This act shall take effect immediately.
 
    36                                   PART Q
 
    37    Section 1. The correction law is amended by adding a new section 11 to
    38  read as follows:
    39    §  11.  Identification  card program. 1. For purposes of this section,
    40  "identification card" shall have the same meaning as defined in  section
    41  four hundred ninety of the vehicle and traffic law.
    42     2.  The  commissioner, in consultation with the commissioner of motor
    43  vehicles, shall develop a program that would allow incarcerated individ-
    44  uals without an identification card,  or  incarcerated  individuals  who
    45  have  not  been  issued  a  driver's  license or learner's permit by the
    46  commissioner of motor vehicles, or incarcerated individuals whose  driv-
    47  er's  license  or  learner's  permit  is  expired, suspended, revoked or
    48  surrendered, or incarcerated individuals whose  identification  card  is
    49  expired,  to  obtain  an  identification  card prior to the incarcerated
    50  individual's release from an institution or correctional facility  under
    51  the jurisdiction of the department or upon the individual's release from

        S. 8008--C                         14                         A. 9008--C
 
     1  an  institution  or  correctional facility under the jurisdiction of the
     2  department at the option of the incarcerated individual.
     3    3.  The  sentence  and  commitment  or certificate of conviction of an
     4  incarcerated individual shall be deemed  sufficient  to  grant  authori-
     5  zation  to  the  department  of corrections and community supervision to
     6  assist an incarcerated individual  in  an  institution  or  correctional
     7  facility  under  the  jurisdiction  of  such department to apply for and
     8  obtain an identification card from the department of motor vehicles.
     9    4. (a) Prior to an incarcerated individual's release from an  institu-
    10  tion  or correctional facility under the jurisdiction of the department,
    11  the department shall notify the incarcerated individual, verbally and in
    12  writing, of such identification card program. The department shall  also
    13  document  that  they  offered  to  assist the incarcerated individual in
    14  obtaining an identification card and  if  such  incarcerated  individual
    15  declined.  The  department shall make diligent efforts to ensure that an
    16  incarcerated individual is provided  with  an  identification  card,  if
    17  requested,  prior  to  or  upon  the  release of such individual from an
    18  institution or correctional  facility  under  the  jurisdiction  of  the
    19  department.
    20    (b)  If  an identification card is obtained with the assistance of the
    21  department for an incarcerated individual  prior  to  such  individual's
    22  release  from the department's custody, the identification card shall be
    23  kept in the incarcerated individual's records until such  individual  is
    24  released  from  an institution or correctional facility under the juris-
    25  diction of the department; upon such individual's release, the identifi-
    26  cation card shall be provided to the individual.
    27    5. The department shall collect data on  the  number  of  incarcerated
    28  individuals participating in the identification card program and issue a
    29  report  on  such  data  to  the governor, the temporary president of the
    30  senate and the speaker of the assembly annually until  December  thirty-
    31  first, two thousand twenty-six.
    32    §  2.  Subdivision 3 of section 491 of the vehicle and traffic law, as
    33  added by section 1 of part H of chapter 58  of  the  laws  of  2017,  is
    34  amended to read as follows:
    35    3.  Waiver  of  fee.  The  commissioner  may waive the payment of fees
    36  required by subdivision two of this section if the applicant is  (a)  an
    37  incarcerated individual in an institution or correctional facility under
    38  the  jurisdiction  of a state department or agency, or (b) a victim of a
    39  crime and the identification card applied for is a replacement  for  one
    40  that was lost or destroyed as a result of the crime.
    41    § 3. This act shall take effect immediately.
 
    42                                   PART R
 
    43    Section  1.  The  civil  rights law is amended by adding a new section
    44  79-q to read as follows:
    45    § 79-q. Collection of gender or sex designation information  by  state
    46  agencies. 1. All New York state agencies that collect demographic infor-
    47  mation about a person's gender or sex shall make available to the person
    48  at the point of data collection an option to mark their gender or sex as
    49  "x".
    50    2. Where applicable federal law requires a state agency to collect sex
    51  or  gender  data  as  either "m" or "f", the state agency shall create a
    52  separate field for state purposes so that a person  has  the  option  to
    53  mark their gender or sex as "x" to be collected by the state.

        S. 8008--C                         15                         A. 9008--C
 
     1    3.  All state agencies shall update any applicable physical and online
     2  forms or data systems  by  January  first,  two  thousand  twenty-three,
     3  except  the  department  of  labor,  the  office  of children and family
     4  services, the office of temporary  and  disability  assistance  and  the
     5  division of criminal justice services, which shall update any applicable
     6  forms or data systems by January first, two thousand twenty-four.
     7    4.  A  state  agency  that cannot comply with the requirements of this
     8  section shall, at least sixty days before the applicable deadline,  post
     9  publicly  on  its  website a written progress report that describes with
    10  specificity the steps the agency has taken to comply with this  section,
    11  the impediments that prevented compliance, the efforts undertaken by the
    12  agency  to come into compliance, and an estimated time frame for compli-
    13  ance. The written report shall be updated every six months from the date
    14  of the original posting.
    15    5. By January first, two thousand twenty-five, the governor shall post
    16  on a publicly available website and submit to the temporary president of
    17  the senate and the speaker of the  assembly  a  written  report  listing
    18  every  agency  that  has not yet complied with this section. Such report
    19  shall include the latest progress reports for each non-compliant agency.
    20  Such annual report  shall  be  updated  every  year  by  January  first;
    21  provided  that  once all agencies have complied with the requirements of
    22  this section, the governor shall post on a  publicly  available  website
    23  and  submit  to the temporary president of the senate and the speaker of
    24  the assembly a certification of compliance with  this  section,  and  no
    25  further annual report shall be required.
    26    §  2. Subdivision 3 of section 62 of the civil rights law, as added by
    27  chapter 158 of the laws of 2021, is amended to read as follows:
    28    3. Except as provided in subdivisions one and two of this section, the
    29  court shall not require any other pre-hearing notice. [The  court  shall
    30  not  condition  the entry of an order on notice to any other party or to
    31  any city, state or federal agency except by written order detailing  the
    32  court's  reasoning  for requiring such notice and showing cause why such
    33  notice should be served.] Under no circumstances shall the court require
    34  notice to United States  immigration  and  customs  enforcement,  United
    35  States  customs  and  border  protection,  United States citizenship and
    36  immigration services, or any successor agencies, or any agencies  having
    37  similar duties.
    38    § 3. This act shall take effect immediately.
 
    39                                   PART S
 
    40    Section  1. Paragraph (o) of subdivision 1 of section 96 of the public
    41  officers law, as added by chapter 319 of the laws of 2014, is amended to
    42  read as follows:
    43    (o) to officers or employees of a public retirement system of the city
    44  of New York if the information sought to be disclosed is  necessary  for
    45  the  receiving  public  retirement  system to process benefits under the
    46  retirement and social security law, the administrative code of the  city
    47  of  New  York, or the education law or any other applicable provision of
    48  law. A written request or consent from  the  data  subject  pursuant  to
    49  paragraph  (a) of this subdivision shall not be required for the disclo-
    50  sure of records pursuant to this paragraph; or
    51    (p) to officers or employees of the United States department of educa-
    52  tion for such department to process credit for qualifying employment and
    53  loan forgiveness under the public service loan  forgiveness  program.  A
    54  written  request  or consent from the data subject pursuant to paragraph

        S. 8008--C                         16                         A. 9008--C
 
     1  (a) of this subdivision shall not be  required  for  the  disclosure  of
     2  records pursuant to this paragraph.
     3    § 2. This act shall take effect immediately.
 
     4                                   PART T
 
     5    Section 1. Subparagraphs (C) and (D) of paragraph 4 of subsection  (a)
     6  of  section  1122  of  the insurance law, as added by chapter 495 of the
     7  laws of 2004, are amended to read as follows:
     8    (C)  resides  in  a  household  having a [net] gross monthly household
     9  income at or below [two hundred eight] four hundred percent of the  non-
    10  farm  federal  poverty  level  (as  defined  and  updated by the federal
    11  department of health and human services) [or  the  gross  equivalent  of
    12  such net income]; [and]
    13    (D) is not eligible for employer provided coverage; and
    14    (E)  maintains  the same level of insurance coverage as when they were
    15  employed.
    16    §  2.  Paragraphs  3  and  4  of subsection (b) of section 1122 of the
    17  insurance law, as added by chapter 495 of the laws of 2004, are  amended
    18  to read as follows:
    19    (3)  The  superintendent  shall review the applications and advise the
    20  applicants as to their eligibility to participate in the pilot  program.
    21  Within  amounts  available  for  such  purpose, the superintendent shall
    22  provide continuation assistance. Such assistance shall be issued, to the
    23  extent of funds available  therefor,  which  is  equivalent  to  [fifty]
    24  seventy-five  percent  of  the  premium  for  the period covered by such
    25  assistance. Continuation assistance shall not be provided for more  than
    26  twelve months within a five-year period.
    27    (4)  In  approving  applications from eligible individuals, the super-
    28  intendent shall:
    29    (A) make a determination as to the extent of available funds  for  the
    30  pilot  program so as to assure, to the extent possible, that the funding
    31  will be available to provide continuation assistance to the applicant in
    32  an amount equal to [fifty] seventy-five percent of  the  premium  for  a
    33  period  of twelve months within five years; if the superintendent deter-
    34  mines that such funding may not be available due to the level of enroll-
    35  ment in the pilot program at  the  time  of  the  eligible  individual's
    36  application, the superintendent shall deny such application; and
    37    (B)  require eligible individuals who are awarded continuation assist-
    38  ance to sign an acknowledgement that recipients who later become  eligi-
    39  ble for health insurance coverage through another employer are no longer
    40  eligible to receive assistance under this section and that the state may
    41  seek to recover assistance provided after the date of such eligibility.
    42    §  3. Paragraphs   3  and  4  of subsection (c) of section 1122 of the
    43  insurance law, as added by chapter 495 of the laws of 2004, are  amended
    44  to read as follows:
    45    (3)  The  superintendent  shall review the applications and advise the
    46  applicants as to their eligibility to participate in the pilot  program.
    47  Within  amounts  available  for  such  purpose, the superintendent shall
    48  provide continuation assistance. Such assistance shall be issued, to the
    49  extent of funds available  therefor,  which  is  equivalent  to  [fifty]
    50  seventy-five  percent  of  the  premium  for  the period covered by such
    51  assistance. Continuation assistance shall not be provided for more  than
    52  twelve months within a five-year period.
    53    (4)  In  approving  applications from eligible individuals, the super-
    54  intendent shall:

        S. 8008--C                         17                         A. 9008--C
 
     1    (A) make a determination as to the extent of available funds  for  the
     2  pilot  program so as to assure, to the extent possible, that the funding
     3  will be available to provide continuation assistance to the applicant in
     4  an amount equal to [fifty] seventy-five percent of  the  premium  for  a
     5  period  of twelve months within five years; if the superintendent deter-
     6  mines that such funding may not be available due to the level of enroll-
     7  ment in the pilot program at  the  time  of  the  eligible  individual's
     8  application, the superintendent shall deny such application; and
     9    (B) require eligible individuals who were awarded continuation assist-
    10  ance  to sign an acknowledgement that recipients who later become eligi-
    11  ble for health insurance coverage through another employer are no longer
    12  eligible to receive assistance under this section and that the state may
    13  seek to recover assistance provided after the date of such eligibility.
    14    § 4. Section 4 of chapter 495 of the laws of 2004, amending the insur-
    15  ance law and the public health law relating to the New York state health
    16  insurance continuation assistance demonstration project, as  amended  by
    17  section  1  of  part KK of chapter 57 of the laws of 2021, is amended to
    18  read as follows:
    19    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    20  have  become  a  law;  provided,  however, that this act shall remain in
    21  effect until July 1, [2022] 2023 when upon such date the  provisions  of
    22  this  act shall expire and be deemed repealed; provided, further, that a
    23  displaced worker shall be eligible for continuation assistance  retroac-
    24  tive to July 1, 2004.
    25    §  5.  This act shall take effect immediately; provided, however, that
    26  the amendments to section 1122 of the insurance  law  made  by  sections
    27  one,  two  and  three  of  this  act shall not affect the repeal of such
    28  section and shall be deemed repealed therewith.
 
    29                                   PART U

    30    Section 1. Subparagraph 7 of paragraph b of subdivision 2  of  section
    31  970-r of the general municipal law, as amended by section 1 of part U of
    32  chapter 58 of the laws of 2018, is amended to read as follows:
    33    (7) preliminary descriptions of possible remediation strategies, reuse
    34  opportunities, necessary infrastructure improvements and other public or
    35  private measures needed to stimulate investment, promote revitalization,
    36  [and]  support  job  growth,  reduce  greenhouse gas emissions, increase
    37  climate resilience, enhance community health  and  environmental  condi-
    38  tions, and achieve environmental justice.
    39    §  2. Subparagraph 11 of paragraph d of subdivision 3 of section 970-r
    40  of the general municipal law, as amended by section 1 of part U of chap-
    41  ter 58 of the laws of 2018, is amended to read as follows:
    42    (11) descriptions of possible remediation strategies,  reuse  opportu-
    43  nities,  brownfield redevelopment, necessary infrastructure improvements
    44  and other public or private measures  needed  to  stimulate  investment,
    45  promote  revitalization, [and] support job growth, reduce greenhouse gas
    46  emissions, increase climate resilience,  enhance  community  health  and
    47  environmental conditions, and achieve environmental justice;
    48    §  3.  Paragraph  a of subdivision 3-a of section 970-r of the general
    49  municipal law, as added by section 1 of part U of chapter 58 of the laws
    50  of 2018, is amended to read as follows:
    51    a. Within amounts appropriated therefor, the secretary  is  authorized
    52  to  provide,  on  a  competitive  basis, financial assistance to munici-
    53  palities, to community based organizations, to community boards,  or  to
    54  community based organizations acting in cooperation with a municipality,

        S. 8008--C                         18                         A. 9008--C
 
     1  to  conduct  predevelopment  activities  within  a designated brownfield
     2  opportunity area to advance the goals and priorities of  the  brownfield
     3  opportunity  area program set forth in the nomination of such area. Such
     4  financial  assistance  shall  not  exceed ninety percent of the costs of
     5  such activities. Activities eligible to receive  such  assistance  shall
     6  include:  development and implementation of marketing strategies; devel-
     7  opment of plans  and  specifications;  real  estate  services;  building
     8  condition   studies;  infrastructure  analyses;  zoning  and  regulatory
     9  updates; environmental,  housing  and  economic  studies,  analyses  and
    10  reports;  renewable  energy  feasibility  studies,  legal  and financial
    11  services; and public outreach.
    12    § 4. Paragraphs d, f, and g of subdivision 6 of section 970-r  of  the
    13  general  municipal  law, as amended by section 1 of part U of chapter 58
    14  of the laws of 2018, are amended to read as follows:
    15    d. Applications for such assistance shall be submitted to the [commis-
    16  sioner] secretary in a  format,  and  containing  such  information,  as
    17  prescribed  by  the  [commissioner]  secretary  in consultation with the
    18  [secretary of state] commissioner.
    19    f. The [commissioner] secretary, upon the receipt  of  an  application
    20  for  such  assistance from a community based organization not in cooper-
    21  ation with the local government having jurisdiction  over  the  proposed
    22  brownfield  opportunity  area, shall request the municipal government to
    23  review and state the municipal government's support or lack of  support.
    24  The  municipal  government's statement shall be considered a part of the
    25  application.
    26    g. Prior to making an award for assistance, the [commissioner]  secre-
    27  tary  shall notify the temporary president of the senate and the speaker
    28  of the assembly.
    29    § 5. Subdivision 8 of section 970-r of the general municipal  law,  as
    30  amended  by  section  1  of part U of chapter 58 of the laws of 2018, is
    31  amended to read as follows:
    32    8. [Applications] Community participation requirements. a. All  appli-
    33  cations  for  state  assistance  for  pre-nomination or nomination study
    34  [assistance] or applications for designation of a brownfield opportunity
    35  area shall demonstrate that the following community participation activ-
    36  ities have been or will be performed by the applicant:
    37    (1) identification of the  interested  public  and  preparation  of  a
    38  contact list;
    39    (2) identification of major issues of public concern;
    40    (3)  [public access to (i) the draft and final application for pre-no-
    41  mination assistance and brownfield  opportunity  area  designation,  and
    42  (ii) any supporting documents in a manner convenient to the public;
    43    (4)] public notice and newspaper notice of (i) the intent of the muni-
    44  cipality  and/or community based organization to undertake a pre-nomina-
    45  tion [process] or nomination study or [prepare] apply for designation of
    46  a brownfield opportunity area [plan], and (ii) the availability of  such
    47  application  and  any supporting documents in a manner convenient to the
    48  public.
    49    b. Application for [nomination] designation of a  brownfield  opportu-
    50  nity  area  shall  provide the following minimum community participation
    51  activities:
    52    (1) a comment period of at least thirty days on a draft  [application]
    53  nomination;
    54    (2)  a  public  meeting  on  [a  brownfield opportunity area draft] an
    55  application[.];

        S. 8008--C                         19                         A. 9008--C
 
     1    (3) public access to such application, nomination, and any  supporting
     2  documents in the manner convenient to the public.
     3    § 6. This act shall take effect immediately.
 
     4                                   PART V
 
     5                            Intentionally Omitted
 
     6                                   PART W
 
     7                            Intentionally Omitted
 
     8                                   PART X
 
     9    Section 1. Notwithstanding any other provision of law to the contrary,
    10  any  person  who  is  licensed  or certified as a physician, physician's
    11  assistant, massage therapist, physical therapist, chiropractor, dentist,
    12  optometrist, nurse, nurse practitioner,  emergency  medical  technician,
    13  podiatrist  or  athletic  trainer  by  a  foreign government may provide
    14  professional services within this state  without  first  being  licensed
    15  pursuant  to the provisions of title 8 of the education law or certified
    16  pursuant to the provisions in the public health law, as may be  applica-
    17  ble,  to  the  team athletes, coaches, staff and delegations originating
    18  from such foreign  government,  in  connection  with  the  Winter  World
    19  University  Games,  Lake  Placid 2023. Such services shall be limited to
    20  athletes and personnel in relation to the Winter World University Games,
    21  Lake Placid 2023, between the dates of January 5, 2023 and  January  25,
    22  2023.
    23    §  2.  Any person who is licensed or certified to practice as a physi-
    24  cian, physician's  assistant,  massage  therapist,  physical  therapist,
    25  chiropractor, dentist, optometrist, nurse, nurse practitioner, emergency
    26  medical  technician,  podiatrist or athletic trainer in another state or
    27  territory, who is in good standing in such state or territory,  and  who
    28  has  been  appointed  by  the Adirondack North Country Sports Council to
    29  provide professional services at an event in this  state  sanctioned  by
    30  the  Adirondack  North  Country Sports Council, may provide such profes-
    31  sional services to team athletes, coaches, staff  and  delegations  from
    32  such  state or territory registered to train at a location in this state
    33  or registered to compete in an event conducted under the sanction of the
    34  Adirondack North Country Sports Council  in  this  state  without  first
    35  being  licensed  pursuant  to the provisions of title 8 of the education
    36  law or certified pursuant to the provisions of the public health law, as
    37  may be applicable. Such services shall  be  limited  to  team  athletes,
    38  coaches, staff and delegations in relation to the Winter World Universi-
    39  ty  Games,  Lake  Placid  2023, between the dates of January 5, 2023 and
    40  January 25, 2023.
    41    § 3. This act shall take effect January 5, 2023 and shall  expire  and
    42  be deemed repealed January 25, 2023.
 
    43                                   PART Y
 
    44    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
    45  New York state urban development corporation act, relating to the powers
    46  of the New York state urban development corporation to  make  loans,  as

        S. 8008--C                         20                         A. 9008--C
 
     1  amended  by  section  1  of part J of chapter 58 of the laws of 2021, is
     2  amended to read as follows:
     3    §  2.  This  act shall take effect immediately provided, however, that
     4  section one of this act shall expire on July 1, [2022]  2023,  at  which
     5  time the provisions of subdivision 26 of section 5 of the New York state
     6  urban  development  corporation  act shall be deemed repealed; provided,
     7  however, that neither the expiration nor the repeal of such  subdivision
     8  as provided for herein shall be deemed to affect or impair in any manner
     9  any  loan  made  pursuant  to the authority of such subdivision prior to
    10  such expiration and repeal.
    11    § 2. This act shall take effect immediately and  shall  be  deemed  to
    12  have been in full force and effect on and after July 1, 2021.
 
    13                                   PART Z
 
    14    Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
    15  of the laws of 1968 constituting the New York  state  urban  development
    16  corporation  act, as amended by section 1 of part K of chapter 58 of the
    17  laws of 2021, is amended to read as follows:
    18    3. The provisions of this section shall  expire,  notwithstanding  any
    19  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    20  the laws of 1996 or of any other law, on July 1, [2022] 2023.
    21    §  2.  This  act  shall take effect immediately and shall be deemed to
    22  have been in full force and effect on and after July 1, 2021.
 
    23                                   PART AA
 
    24    Section 1. Subdivision (a) of section 2 of part F of chapter 60 of the
    25  laws of 2015, constituting the infrastructure investment act, as amended
    26  by section 1 of part DD of chapter 58 the laws of 2020, is amended and a
    27  new subdivision (g) is added to read as follows:
    28    (a) (i) "authorized state entity" shall mean the New York state  thru-
    29  way  authority,  the  department of transportation, the office of parks,
    30  recreation and historic preservation, the  department  of  environmental
    31  conservation, the New York state bridge authority, the office of general
    32  services,  the  dormitory  authority, the urban development corporation,
    33  the state university construction  fund,  the  New  York  state  Olympic
    34  regional development authority and the battery park city authority.
    35    (ii)  Notwithstanding the provisions of subdivision 26 of section 1678
    36  of the public authorities law, section 8 of the  public  buildings  law,
    37  sections  8  and  9  of  section 1 of chapter 359 of the laws of 1968 as
    38  amended, section 103 of the general municipal law, and the provisions of
    39  any other law to the contrary, the term "authorized state entity"  shall
    40  also refer to only those agencies or authorities identified below solely
    41  in connection with the following authorized projects, provided that such
    42  an  authorized  state entity may utilize the alternative delivery method
    43  referred to as design-build contracts  solely  in  connection  with  the
    44  following authorized projects should the total cost of each such project
    45  not be less than five million dollars($5,000,000):
 
    46      Authorized Projects                     Authorized State Entity
 
    47  1.  Frontier Town                        Urban Development Corporation
 
    48  2.  Life Sciences Laboratory             Dormitory Authority & Urban
    49                                           Development Corporation

        S. 8008--C                         21                         A. 9008--C
 
     1  3.  Whiteface Transformative Projects    New York State Olympic Regional
     2                                           Development Authority
 
     3  4.  Gore Transformative Projects         New York State Olympic Regional
     4                                           Development Authority
     5  5.  Belleayre Transformative Projects    New York State Olympic Regional
     6                                           Development Authority
     7  6.  Mt. Van Hoevenberg Transformative    New York State Olympic Regional
     8      Projects                             Development Authority
     9  7.  Olympic Training Center              New York State Olympic Regional
    10                                           Development Authority
    11  8.  Olympic Arena and Convention         New York State Olympic Regional
    12      Center Complex                       Development Authority
    13  9.  State Fair Revitalization            Office of General
    14      Projects                             Services
    15  10. State Police Forensic                Office of General
    16      Laboratory                           Services
 
    17    Notwithstanding  any  provision  of law to the contrary, all rights or
    18  benefits, including terms and conditions of employment,  and  protection
    19  of  civil  service  and  collective  bargaining  status  of all existing
    20  employees of authorized state entities shall be preserved and protected.
    21  Nothing in this section shall result in the:  (1)  displacement  of  any
    22  currently  employed  worker  or  loss  of  position  (including  partial
    23  displacement such as a reduction in  the  hours  of  non-overtime  work,
    24  wages,  or  employment benefits) or result in the impairment of existing
    25  collective bargaining agreements; (2) transfer of  existing  duties  and
    26  functions  related  to maintenance and operations currently performed by
    27  existing employees of authorized state entities to a contracting entity;
    28  or (3) transfer of future duties and functions ordinarily  performed  by
    29  employees  of authorized state entities to the contracting entity. Noth-
    30  ing contained herein shall be  construed  to  affect  (A)  the  existing
    31  rights of employees pursuant to an existing collective bargaining agree-
    32  ment, and (B) the existing representational relationships among employee
    33  organizations  or  the bargaining relationships between the employer and
    34  an employee organization.
    35    If otherwise applicable, authorized projects undertaken by the author-
    36  ized  state  entities  listed  above  solely  in  connection  with   the
    37  provisions  of  this  act  shall  be subject to section 135 of the state
    38  finance law, section 101 of the general municipal law, and  section  222
    39  of the labor law; provided, however, that an authorized state entity may
    40  fulfill  its  obligations  under section 135 of the state finance law or
    41  section 101 of the general municipal law by requiring the contractor  to
    42  prepare  separate  specifications  in accordance with section 135 of the
    43  state finance law or section 101 of the general municipal  law,  as  the
    44  case  may  be.  Provided  further, that authorized projects with a total
    45  construction  cost  of  not  less  than  twenty-five   million   dollars
    46  ($25,000,000)  undertaken  by the authorized state entities listed above
    47  solely in connection with the provisions  of  this  act  shall  only  be
    48  undertaken  pursuant  to  a  project  labor agreement in accordance with
    49  section 222 of the labor law.  If  a  project  labor  agreement  is  not
    50  performed  on  the authorized project, the authorized state entity shall
    51  not utilize a design-build contract for such project. Prior to utilizing
    52  the alternative delivery method referred to  as  design-build  contracts
    53  for  the  authorized  projects  listed in this subparagraph with a total

        S. 8008--C                         22                         A. 9008--C
 
     1  construction   cost   of   less   than   twenty-five   million   dollars
     2  ($25,000,000),  the authorized state entities listed above shall conduct
     3  a feasibility study in accordance with section 222 of the labor law.
     4    (g)  "project  labor  agreement"  shall  have the meaning set forth in
     5  subdivision 1 of section 222 of the labor law. A project labor agreement
     6  shall require participation in apprentice training programs.
     7    § 2. Section 3 of part F of chapter 60 of the laws of 2015, constitut-
     8  ing the infrastructure investment act, as amended by section 1  of  part
     9  DD of chapter 58 of the laws of 2020, is amended to read as follows:
    10    §  3. Notwithstanding the provisions of section 38 of the highway law,
    11  section 136-a of the state finance law, sections  359,  1678,  1680  and
    12  1680-a of the public authorities law, sections 376, 407-a, 6281 and 7210
    13  of  the  education  law,  sections  8 and 9 of the public buildings law,
    14  section 103 of the general municipal law,  and  the  provisions  of  any
    15  other  law  to  the contrary, and in conformity with the requirements of
    16  this act, an authorized state entity may utilize the alternative  deliv-
    17  ery  method  referred to as design-build contracts, in consultation with
    18  relevant local labor organizations  and  construction  industry,  unless
    19  otherwise  provided  below,  for  capital  projects located in the state
    20  related to physical infrastructure, including, but not limited to, high-
    21  ways, bridges, buildings and appurtenant structures, dams, flood control
    22  projects, canals, and parks, including, but not limited  to,  to  repair
    23  damage caused by natural disaster, to correct health and safety defects,
    24  to  comply  with  federal and state laws, standards, and regulations, to
    25  extend the useful life of or replace highways,  bridges,  buildings  and
    26  appurtenant  structures, dams, flood control projects, canals, and parks
    27  or to improve or add to highways,  bridges,  buildings  and  appurtenant
    28  structures,  dams,  flood  control projects, canals, and parks; provided
    29  that for the contracts executed by the department of transportation, the
    30  office of parks, recreation and historic preservation, or the department
    31  of environmental conservation, the total cost of each such project shall
    32  not be less than ten million  dollars  ($10,000,000).  Provided  further
    33  that authorized state entities may only utilize the alternative delivery
    34  method  referred  to  as design-build contracts on projects with a total
    35  construction  cost  of  not  less  than  twenty-five   million   dollars
    36  ($25,000,000)  if  undertaken  pursuant  to a project labor agreement in
    37  accordance with section 222 of the labor law. If a project labor  agree-
    38  ment  is not performed on the project, the authorized state entity shall
    39  not utilize a design-build contract for  such  project.  The  use  of  a
    40  project  labor agreement on a  federal aid project shall not be required
    41  where the federal government  prohibits or disapproves of the use  of  a
    42  project  labor  agreement  on  such  a federal aided   project. Prior to
    43  utilizing the alternative delivery method referred  to  as  design-build
    44  contracts for projects with a total construction cost of less than twen-
    45  ty-five  million  dollars ($25,000,000), authorized state entities shall
    46  conduct a feasibility study in accordance with section 222 of the  labor
    47  law.
    48    §  3.  Section 17 of part F of chapter 60 of the laws of 2015, consti-
    49  tuting the infrastructure investment act, as amended  by  section  7  of
    50  part  DD  of  chapter  58  of  the  laws  of 2020, is amended to read as
    51  follows:
    52    § 17. This act shall take effect immediately and shall expire  and  be
    53  deemed  repealed  December 31, [2022] 2027, provided that, projects with
    54  requests for qualifications issued prior to such repeal shall be permit-
    55  ted to continue under this act notwithstanding such repeal and  provided
    56  further  that  projects  with  requests  for  qualifications  issued  or

        S. 8008--C                         23                         A. 9008--C
 
     1  projects for which expenditures have been made for  scoping,  design  or
     2  environmental  studies prior to adoption of the amendments pursuant to a
     3  chapter of the laws of 2022 shall not be affected by such amendments  if
     4  such projects are committed pursuant to the pending issuance or expendi-
     5  tures made.
     6    § 4. Subdivision (a) of section 2 and section 14 of chapter 749 of the
     7  laws  of  2019, relating to authorizing, for certain public works under-
     8  taken pursuant to project  labor  agreements,  use  of  the  alternative
     9  delivery  method known as design-build contracts, are amended to read as
    10  follows:
    11    (a) "Authorized entity" shall mean the New  York  city  department  of
    12  design and construction, the New York city department of citywide admin-
    13  istrative  services,  the  New  York  city  department  of environmental
    14  protection, the New York city department of transportation, the New York
    15  city department of parks and recreation, the New York  city  health  and
    16  hospitals  corporation,  the New York city school construction authority
    17  and the New York city housing authority.
    18    § 14. This act shall take effect immediately and shall expire  and  be
    19  deemed  repealed  [three]  eight  years  after such date, provided that,
    20  public works with requests  for  qualifications  issued  prior  to  such
    21  repeal  shall  be  permitted  to continue under this act notwithstanding
    22  such repeal.
    23    § 5. This act shall take effect immediately; provided,  however,  that
    24  the  amendments  to  part  F  of  chapter 60 of the laws of 2015 made by
    25  sections one, two and three of this act, and the amendments  to  chapter
    26  749  of  the  laws  of  2019  made by section four of this act shall not
    27  affect the repeal of such part and such  chapter  and  shall  be  deemed
    28  repealed therewith.
 
    29                                   PART BB
 
    30    Section  1.  Subparagraph  6  of  paragraph  (g)  of subdivision 11 of
    31  section 213 of the state finance law, as added by section 1 of  part  HH
    32  of chapter 59 of the laws of 2013, is amended and a new paragraph (h) is
    33  added to read as follows:
    34    (6) small scale systems integration and packaging[.]; or
    35    (h) a community development financial institution.
    36    §  2.  Paragraph  (e)  of  subdivision  12 of section 213 of the state
    37  finance law, as added by chapter 705 of the laws of 1993, is amended and
    38  a new paragraph (f) is added to read as follows:
    39    (e) for certified minority-and  women-owned  businesses,  projects  to
    40  provide  financing necessary to carry out a procurement contract with an
    41  agency or authority or other entity of  the  state  or  federal  govern-
    42  ment[.]; or
    43    (f)  projects  in  which  community development financial institutions
    44  make loans.
    45    § 3. Section 213 of the state finance law is amended by adding  a  new
    46  subdivision 25 to read as follows:
    47    25.  "Community  development financial institution" means an organiza-
    48  tion as defined in 12 U.S.C. 4702(5)(a).
    49    § 4. This act shall take effect immediately.
 
    50                                   PART CC

        S. 8008--C                         24                         A. 9008--C
 
     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 16-gg to read as follows:
     4    §  16-gg.  Small business seed funding grant program.  1. Definitions.
     5  As used in this section, the following terms shall  have  the  following
     6  meanings:
     7    (a)  "Small  business" shall mean a business which is resident in this
     8  state, independently owned and operated, not dominant in its field,  and
     9  employs one hundred or less persons, was started on September 1, 2018 or
    10  later  and  has  been  operational  for a minimum of six months prior to
    11  application.
    12    (b) "Micro-business" shall mean a business which is a resident in this
    13  state, independently owned and operated, not dominant in its field,  and
    14  employs ten or less persons.
    15    (c)  "The  program"  shall  mean the small business seed funding grant
    16  program established pursuant to subdivision two of this section.
    17    (d) "Applicant" shall mean a micro-business, small business,  or  for-
    18  profit independent arts and cultural organization, including independent
    19  arts  contractors  submitting  an  application  for a grant award to the
    20  program.
    21    (e) "For-profit independent arts and cultural organization" shall mean
    22  a small or medium sized private for-profit, independently operated live-
    23  performance venue, promoter, production company, or performance  related
    24  business,  including  independent  arts contractors, located in New York
    25  state negatively impacted by COVID-19 health and safety  protocols,  and
    26  having  one  hundred  or  less  full-time  employees, excluding seasonal
    27  employees.
    28    2. Small business seed funding grant program  established.  The  small
    29  business seed funding grant program is hereby created to provide assist-
    30  ance to early-stage small businesses to succeed in a recovering New York
    31  state economy.
    32    3.  Authorization.  The corporation is hereby authorized, using avail-
    33  able funds,  to  issue  grants  and  provide  technical  assistance  and
    34  outreach  to  micro-businesses,  small  businesses,  for-profit arts and
    35  cultural organizations including independent arts contractors and  tech-
    36  nical  assistance partners for the purpose of aiding the recovery of the
    37  New York state economy, and may promulgate guidelines to effectuate  the
    38  purposes herein.
    39    4.  Selection  criteria  and  application  process. (a) In order to be
    40  eligible for a grant or additional form of support under the program, an
    41  eligible small business shall:
    42    (i) be incorporated in New York state or licensed or registered to  do
    43  business  in  New  York  state  and must be resident in the state of New
    44  York;
    45    (ii) be a currently viable micro-business, small business,  for-profit
    46  arts  and  cultural  organization including independent arts contractors
    47  that started business on September 1, 2018 or later and has been  opera-
    48  tional for at least six months before an application is submitted;
    49    (iii)  have  between  five  thousand  and one million dollars in gross
    50  receipts or be able to demonstrate five  thousand  dollars  in  business
    51  expenses;
    52    (iv)  be  in substantial compliance with applicable federal, state and
    53  local laws, regulations, codes and requirements; and
    54    (v) not owe any federal, state or local taxes,  or  have  an  approved
    55  repayment,  deferral plan, or agreement with appropriate federal, state,
    56  and local taxing authorities.

        S. 8008--C                         25                         A. 9008--C
 
     1    (b) (i) Grants awarded from this program shall be available to  eligi-
     2  ble micro-businesses, small businesses, and for-profit arts and cultural
     3  organizations including independent arts contractors that do not qualify
     4  for business assistance grant programs under the federal American Rescue
     5  Plan Act of 2021 or any other available federal COVID-19 economic recov-
     6  ery  or  business  assistance  grant  programs, including loans forgiven
     7  under the federal Paycheck Protection Program, or are unable  to  obtain
     8  sufficient business assistance from such federal programs, with priority
     9  given to socially and economically disadvantaged business owners includ-
    10  ing,  but not limited to, minority and women-owned business enterprises,
    11  service-disabled veteran-owned businesses, and veteran-owned businesses,
    12  or businesses located in communities that were  economically  distressed
    13  prior to March 1, 2020, as determined by the most recent census data.
    14    (ii)  Grants  awarded from this program shall be available to eligible
    15  micro-businesses, small businesses  and  for-profit  arts  and  cultural
    16  organizations including independent arts contractors that did not quali-
    17  fy  for  business  assistance under the COVID-19 pandemic small business
    18  recovery grant program as provided for in  section  sixteen-ff  of  this
    19  act.
    20    5.  Eligible costs. (a) Eligible costs considered for micro-businesses
    21  and small businesses under this program must have been incurred  between
    22  September 1, 2018 and January 1, 2022.
    23    (b)  (i) The following costs incurred by a micro-business, small busi-
    24  ness, and for-profit arts and cultural organization including  independ-
    25  ent arts contractors shall be considered eligible under the program at a
    26  minimum:  payroll  costs;  costs  of rent or mortgage as provided for in
    27  subparagraph (ii) of this paragraph; costs of repayment of local proper-
    28  ty or school taxes associated with such  small  business's  location  as
    29  provided  for  in subparagraph (iii) of this paragraph; insurance costs;
    30  utility costs; costs of personal protection equipment (PPE) necessary to
    31  protect worker and consumer health and safety; heating, ventilation, and
    32  air conditioning (HVAC) costs, or other machinery or equipment costs, or
    33  supplies and materials necessary for compliance with COVID-19 health and
    34  safety protocols, and other documented COVID-19 costs as approved by the
    35  corporation.
    36    (ii) Mortgage payments or commercial rent shall be considered eligible
    37  costs.
    38    (iii) Payment of local  property  taxes  and  school  taxes  shall  be
    39  considered eligible costs.
    40    (c)  Grants  awarded  under the program shall not be used to re-pay or
    41  pay down any portion of a loan obtained through  a  federal  coronavirus
    42  relief  package  for  business assistance or any New York state business
    43  assistance programs.
    44    6. Application and approval process. (a) An  eligible  micro-business,
    45  small  business,  or for-profit arts and cultural organization including
    46  independent arts contractors shall submit a complete  application  in  a
    47  form and manner prescribed by the corporation.
    48    (b) The corporation shall establish the procedures and time period for
    49  micro-businesses,  small  businesses,  or  for-profit  arts and cultural
    50  organizations including independent arts contractors to submit  applica-
    51  tions  to  the  program. As part of the application each micro-business,
    52  small business, or for-profit arts and cultural  organization  including
    53  independent arts contractors shall provide sufficient documentation in a
    54  manner  prescribed  by  the  corporation  to  demonstrate  hardship, and
    55  prevent fraud, waste, and abuse.

        S. 8008--C                         26                         A. 9008--C
 
     1    7. Technical assistance and outreach. The  corporation  may  offer  or
     2  make  available to all applicants, regardless of approval status, direct
     3  or indirect access to financial and business planning,  legal  consulta-
     4  tion, language assistance services, mentoring services for post-pandemic
     5  planning, reopening planning assistance and other assistance and support
     6  as  determined  by  the  corporation.  Assistance, support, outreach and
     7  other services may be provided  by  or  through  partner  organizations,
     8  including but not limited to chambers of commerce, local business devel-
     9  opment  corporations,  trade  associations and other community organiza-
    10  tions that have expertise and background in providing technical  assist-
    11  ance, at the discretion of the corporation.
    12    8.  Reporting. The corporation, on a quarterly basis beginning Septem-
    13  ber 30, 2022, and ending when all  program  funds  are  expended,  shall
    14  submit  a  separate and distinct report to  the  governor, the temporary
    15  president of  the senate, and the speaker of the assembly setting  forth
    16  the activities undertaken by the program. Such  quarterly  report  shall
    17  include,  but need not be limited to: the number of applicants and their
    18  county locations; the number of applicants approved by the  program  and
    19  their  county  location; the   total  amount  of grants awarded, and the
    20  average amount of such grants awarded; and such other information as the
    21  corporation  determines  necessary  and appropriate.  Such report  shall
    22  be included on the corporation's website and any other publicly accessi-
    23  ble  state  database  that list economic development programs, as deter-
    24  mined by the commissioner. Such reporting may be incorporated as part of
    25  any reporting required under section sixteen-ff of this act.
    26    § 2. This act shall take effect immediately.
 
    27                                   PART DD
 
    28    Section  1. Section 2 of chapter 584 of the laws of 2011, amending the
    29  public authorities law relating to the powers and duties of the dormito-
    30  ry authority of the state of New York relative to the  establishment  of
    31  subsidiaries for certain purposes, as amended by section 1 of part CC of
    32  chapter 58 of the laws of 2020, is amended to read as follows:
    33    §  2.  This  act shall take effect immediately and shall expire and be
    34  deemed repealed on July 1, [2022] 2024; provided however, that the expi-
    35  ration of this act shall not impair  or  otherwise  affect  any  of  the
    36  powers,  duties,  responsibilities,  functions, rights or liabilities of
    37  any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
    38  section 1678 of the public authorities law prior to such expiration.
    39    § 2. This act shall take effect immediately.
 
    40                                   PART EE
 
    41                            Intentionally Omitted
 
    42                                   PART FF
 
    43                            Intentionally Omitted
 
    44                                   PART GG
 
    45                            Intentionally Omitted

        S. 8008--C                         27                         A. 9008--C
 
     1                                   PART HH
 
     2                            Intentionally Omitted
 
     3                                   PART II
 
     4    Section 1. Section 99-ii of the state finance law is amended by adding
     5  a new subdivision 2-a to read as follows:
     6    2-a.  Revenues deposited into this fund pursuant to section fifteen of
     7  the cannabis law shall first be used to reimburse the state general fund
     8  for any funds transferred to this fund from the state general  fund  for
     9  the  purposes  of supporting expenditures authorized under paragraph (d)
    10  of subdivision three of this section.
    11    § 2. Paragraphs (d), (e), (f), and (g) of  subdivision  3  of  section
    12  99-ii  of the state finance law are relettered paragraphs (e), (f), (g),
    13  and (h), and a new paragraph (d) is added to read as follows:
    14    (d) subject to available appropriations and  providing  that  no  more
    15  than  fifty million dollars in funding, shall be made available, whether
    16  directly or indirectly for investment in a private debt or  equity  fund
    17  formed  pursuant  to  subdivision thirty-two of section one thousand six
    18  hundred seventy-eight of the public authorities law or to cover  capital
    19  costs  associated  with  establishing  conditional  adult-use   cannabis
    20  retail dispensaries  for  operation  by  social  equity  licensees  duly
    21  licensed pursuant to article two of the cannabis law. Such capital costs
    22  shall  include  all  costs,  including  closely related ancillary costs,
    23  related to the leasing, planning, design, construction,  reconstruction,
    24  rehabilitation, improvement, furnishing, and equipping of such adult-use
    25  cannabis retail dispensaries, to the extent such work has been undertak-
    26  en  or  costs  for  such  work  incurred  by: (i) the office of cannabis
    27  management and the cannabis control board, (ii) the dormitory  authority
    28  of  the  state  of  New York, or any subsidiary thereof, under agreement
    29  with the office of cannabis management and the cannabis  control  board,
    30  or  with  the private debt or equity fund formed pursuant to subdivision
    31  thirty-two of section one thousand  six  hundred  seventy-eight  of  the
    32  public  authorities law, or (iii) the private debt or equity fund formed
    33  pursuant to subdivision thirty-two of section one thousand  six  hundred
    34  seventy-eight  of  the  public  authorities  law.  Any  repayment of the
    35  state's investment by the fund, as authorized in this paragraph shall be
    36  deposited in the New York state cannabis revenue fund.
    37    § 3. Section 1678 of the public authorities law is amended  by  adding
    38  three new subdivisions 30, 31 and 32 to read as follows:
    39    30.  To  enter into one or more agreements with the office of cannabis
    40  management, the cannabis control board, or the private  debt  or  equity
    41  fund,  selected  pursuant  to subdivision thirty-two of this section, in
    42  which the state or any state agency, public  authority,  public  benefit
    43  corporation,  or  division  thereof  has  invested and is formed for the
    44  limited purpose of funding the capital costs associated with  establish-
    45  ing  conditional adult-use cannabis retail dispensaries for operation by
    46  social equity licensees duly licensed pursuant to  article  two  of  the
    47  cannabis law, for the following purposes:
    48    (a)  (i)  To  acquire  by  lease or sublease such real property or any
    49  interest therein as may be necessary or convenient for the construction,
    50  reconstruction, rehabilitation, improvement, or provision of conditional
    51  adult-use cannabis retail dispensaries for operation  by  social  equity
    52  licensees, as agent, and (ii) to acquire by purchase or other agreement,

        S. 8008--C                         28                         A. 9008--C
 
     1  personal property or interest therein as may be necessary for the acqui-
     2  sition,  construction,  reconstruction,  rehabilitation,  improvement or
     3  provision of such dispensaries, whether as principal or agent;
     4    (b) To prepare or cause to be prepared, whether as principal or agent,
     5  plans,  specifications,  designs, and estimates of costs for the design,
     6  construction, reconstruction, rehabilitation, improvement, furnishing or
     7  equipping of conditional  adult-use  cannabis  retail  dispensaries  for
     8  operation by social equity licensees;
     9    (c)  To  design, construct, reconstruct, rehabilitate, or to cause the
    10  design, construction, rehabilitation or improvement of, whether as prin-
    11  cipal or agent, conditional adult-use cannabis retail  dispensaries  for
    12  operation  by  social  equity  licensees  and to enter into contracts to
    13  cause such facilities to be designed, constructed, reconstructed,  reha-
    14  bilitated, improved, furnished, or equipped;
    15    (d)  To  enter,  as  lessor  or  as agent for the lessor, into leases,
    16  subleases, or other agreements with the social equity licensees  operat-
    17  ing for the conditional adult-use cannabis retail dispensaries; provided
    18  that  (i) the authority shall only enter in lease agreements as agent of
    19  the private debt or equity  fund selected pursuant to subdivision  thir-
    20  ty-two  of this section, (ii) any general terms of such lease agreement,
    21  and any material deviations or changes therefrom, are  approved  by  the
    22  office of cannabis management; and
    23    (e) To enter, as lender or as agent to the lender, into a non-recourse
    24  loan  or other agreements with the social equity licensees operating the
    25  conditional adult-use cannabis retail dispensaries,  provided  that  any
    26  general  terms  of  such  non-recourse loan agreements, and any material
    27  deviations or changes therefrom, are approved by the office of  cannabis
    28  management  and that the terms of the non-recourse loan agreement do not
    29  include a penalty for early termination but will allow for the inclusion
    30  of a make-whole provision and shall not, at the time the loan is  estab-
    31  lished,  exceed  the  prime lending rate plus one-half the interest rate
    32  specified under subdivision one of section  fourteen-a  of  the  banking
    33  law,  nor  include  terms  or  conditions that would allow for an equity
    34  position in the social equity licensee's conditional adult-use  cannabis
    35  retail  dispensary  business  or that would entitle a share in, or claim
    36  to, any revenue or profit generated by such business.
    37    31. (a) To form one or more subsidiaries for the purpose  of  limiting
    38  the  potential liability of the authority when exercising the powers and
    39  duties conferred upon  the  authority  by  subdivision  thirty  of  this
    40  section  in  connection  with  certain  work  performed on behalf of the
    41  office of cannabis  management,  the  cannabis  control  board,  or  the
    42  private  debt  or  equity  fund  in which the state or any state agency,
    43  public authority, public benefit corporation, or  division  thereof  has
    44  invested  and  has  been  selected pursuant to subdivision thirty-two of
    45  this section.  Such subsidiary created pursuant to this subdivision  may
    46  exercise  and perform one or more of the purposes, powers, duties, func-
    47  tions, rights and responsibilities of the authority other than the issu-
    48  ance of indebtedness, in connection with real and personal property with
    49  respect to which the authority holds title or a leasehold  interest,  in
    50  its  own  name or as agent for the titleholder or leaseholder including,
    51  but not limited to:  (i)  entering  into  leases,  subleases,  or  other
    52  arrangements  with  regard  to  such  property  and  acting  in a manner
    53  consistent with the  rights,  obligations  or  responsibilities  of  the
    54  owner,  landlord  or  tenant  of such property pursuant to such lease or
    55  sublease agreements; (ii) servicing non-recourse  loan  payments;  (iii)

        S. 8008--C                         29                         A. 9008--C
 
     1  furnishing  property  management  services;  and  (iv) providing general
     2  operational and administrative support services.
     3    (b)  Such  subsidiary  authorized by paragraph (a) of this subdivision
     4  shall be established in the form of  a  public  benefit  corporation  by
     5  executing and filing with the secretary of state a certificate of incor-
     6  poration  which  shall  identify  the authority as the entity organizing
     7  such subsidiary and set forth the name of such subsidiary public benefit
     8  corporation, its duration, the location of its principal office and  its
     9  corporate purposes as provided in this subdivision and which certificate
    10  may  be  amended  from  time to time by the filing of amendments thereto
    11  with the secretary of state. Such subsidiary shall  be  organized  as  a
    12  public  benefit  corporation, shall be a body politic and corporate, and
    13  shall have all the privileges,  immunities,  tax  exemptions  and  other
    14  exemptions of the authority. The members of such subsidiary shall be the
    15  same  as  the members of the authority and the provisions of subdivision
    16  two of section sixteen hundred ninety-one of this  title  shall  in  all
    17  respects apply to such members when acting in such capacity.
    18    (c)  Nothing  in  this  subdivision  shall  be construed to impose any
    19  liabilities, obligations, or responsibilities of  such  subsidiary  upon
    20  the  authority and the authority shall have no liability or responsibil-
    21  ity therefor unless the authority expressly agrees to assume the same.
    22    (d) Such subsidiary created pursuant  to  this  subdivision  shall  be
    23  subject  to  any  other  provision of this chapter pertaining to subsid-
    24  iaries of public authorities.
    25    32. (a) (i) To select a private debt or equity  fund  formed  for  the
    26  sole  purpose  of  funding  the capital costs, including closely related
    27  ancillary and administrative costs, associated with establishing  condi-
    28  tional  adult-use  cannabis  retail dispensaries for operation by social
    29  equity licensees deemed to be eligible by the office of cannabis manage-
    30  ment for financing through such fund or related costs, provided that any
    31  partnership agreement between the  fund  and  the  authority,  shall  be
    32  subject  to  the  written approval or resolution of the cannabis control
    33  board, the board of the dormitory authority, and  the  director  of  the
    34  division  of the budget, and the selection of such general partner shall
    35  be made in consultation with the office of cannabis management.
    36    (ii)  The  organizational  structure  and  investment  policy  of  the
    37  selected  fund  and  the  provisions  of the partnership agreement shall
    38  satisfy the following parameters and requirements:
    39    (1) The fund shall have a public  policy  committee  composed  of  the
    40  chair of the cannabis control board, executive director of the office of
    41  cannabis management, and the president of the authority, or their repre-
    42  sentatives,  who  shall  guide  the  decisions  of  the selected fund to
    43  achieve the public policy goals of the state, which  includes  providing
    44  advice  and  direction to the fund where matters implicate public policy
    45  and confirming  the  fund's  adherence  to  its  public  purpose,  which
    46  includes  compliance  with  stated objectives or mission of the cannabis
    47  law and the marihuana regulation and taxation act,  generally  and  more
    48  specifically,  to  provide  social equity conditional adult-use cannabis
    49  retail dispensary licensees with the opportunity  of  acquiring  commer-
    50  cially viable retail operations;
    51    (2) Such committee shall:
    52    (A)  review  and approve of the fund's investment policy statement and
    53  any changes thereto;
    54    (B) review and approve any changes to  the  use  and  distribution  of
    55  investment funds;

        S. 8008--C                         30                         A. 9008--C
 
     1    (C)  review  and approve the fund's strategic plan, particularly those
     2  pertaining to the investor class,  the  establishment,  management,  and
     3  liquidation of investments by the fund;
     4    (D) monitor the fund's risk profile, investment activity, and perform-
     5  ance;
     6    (E)  approve  the  maximum  amount  of  promised return on investment,
     7  management fees, and compensation of the general partner;
     8    (F) review and approve any changes or amendments to the fund's  organ-
     9  izational  structure,  partnership  agreements,  and the fund manager or
    10  servicer's agreement to ensure that they are consistent with the  fund's
    11  public purpose;
    12    (G)  take reasonable steps, at the direction of the office of cannabis
    13  management, to provide geographic equity and  representation  in  estab-
    14  lishing  such  conditional  adult-use  cannabis  retail dispensaries for
    15  operation by social equity   licensees, to the  extent  practicable,  in
    16  support  of the public purpose of the fund and further, at the direction
    17  of the office of cannabis management that the site  selection  for  such
    18  dispensaries  comports with the requirements of the cannabis law and the
    19  marihuana regulation and taxation act, and  its  rules  and  regulations
    20  governing  the  location of conditional adult-use cannabis dispensaries;
    21  and
    22    (H) confirm that any real property leases and loan  agreements  issued
    23  by  or  on  behalf of the fund shall be provided to social equity licen-
    24  sees, duly licensed pursuant to article two of the cannabis law;
    25    (3) The general partner and the fund shall to the extent allowable  by
    26  section  one  of  article  five of the state constitution, authorize the
    27  comptroller of the state, or the comptroller's legally authorized repre-
    28  sentatives, to access, examine, or audit the accounts and books  of  the
    29  fund  including its receipts, disbursements, contracts, investments, and
    30  any other items directly relating to its financial standing and  cooper-
    31  ate  with any such financial examination or financial audit on an annual
    32  basis. The  general partner shall agree to cause the key officers to  be
    33  available  to discuss the fund and the partnership and its activities at
    34  the time of the audit;
    35    (4) The general partner shall agree to cause the key  officers  to  be
    36  available  to discuss the fund and the partnership and its activities at
    37  the request of the public policy committee;
    38    (5) Any real property subleased out by the fund  to  a  social  equity
    39  licensee  shall  be  at  the same rate on which the fund has leased such
    40  property;
    41    (6) The fund shall not be authorized to borrow any money or  to  incur
    42  any  indebtedness,  including  guarantees,  except  when approved by the
    43  public policy committee;
    44    (7) The fund shall not be voluntarily  terminated  early  without  the
    45  prior consent of the  public policy committee;
    46    (8)  The fund shall have a conflict-of-interest policy approved by the
    47  public policy committee;
    48    (9) Any loan agreement the fund enters into with social equity  licen-
    49  sees shall be a non-recourse loan and shall allow prepayment of the debt
    50  without any penalty imposed by the fund but will allow for the inclusion
    51  of  a  make-whole provision and shall not, at the time that the non-rec-
    52  ourse loan is established, exceed the prime lending rate  plus  one-half
    53  the  maximum  interest  rate  specified under subdivision one of section
    54  fourteen-a of the banking law;

        S. 8008--C                         31                         A. 9008--C
 
     1    (10) The fund shall not accept more than two hundred  million  dollars
     2  in total investment over the course of its life and the state's contrib-
     3  ution to the fund shall not exceed fifty million dollars; and
     4    (11)  The  fund  shall  not take any equity positions in, issue equity
     5  loans to, or enter into revenue or profit sharing  agreements  with  any
     6  social  equity  adult-use cannabis retail dispensary business or include
     7  any terms and conditions in an agreement  with  such  business  to  that
     8  effect;  the  fund shall also not include any excessive penalties within
     9  the loan agreements; and
    10    (12) Any other requirement as the dormitory authority may deem  appro-
    11  priate,  in  consultation with the office of cannabis management, or the
    12  cannabis control board.
    13    (b) (i) After the funding of  the  private  debt  or  equity  fund  as
    14  provided    pursuant to this subdivision, the authority shall prepare an
    15  annual report beginning on December thirtieth, two  thousand  twenty-two
    16  and annually thereafter,  which report shall include, but not be limited
    17  to:
    18    (1)  the  number of conditional adult-use cannabis retail dispensaries
    19  assisted by the authority pursuant to this subdivision;
    20    (2) the geographic distribution of sites designated by the  office  of
    21  cannabis  management  and  prepared  by  the  authority  for conditional
    22  adult-use cannabis retail dispensaries for operation by licensed  social
    23  equity businesses; and
    24    (3)  any  other such data and information, including information about
    25  subsidiary or subsidiaries created pursuant to subdivision thirty-one of
    26  this section.
    27    (4) Additionally, for the first report, the authority shall report  on
    28  the procurement and selection of the general partner.
    29    (ii)  Such  report  shall  be published on the authority's website and
    30  presented to the governor, the temporary president of the senate and the
    31  speaker of the assembly, no later than December thirtieth, two  thousand
    32  twenty-two and annually thereafter; and
    33    (iii)  The  authority  shall  further submit a copy of the partnership
    34  agreement between the fund and  the  authority,  to  the  governor,  the
    35  temporary  president  of  the senate, and the speaker of the assembly no
    36  later than fifteen days after such agreement has been fully executed.
    37    § 4. Paragraph (b) of subdivision 2 of  section  1676  of  the  public
    38  authorities  law  is amended by adding three new undesignated paragraphs
    39  to read as follows:
    40    the office of cannabis management.
    41    the cannabis control board.
    42    the private debt or equity fund in which the state or any state  agen-
    43  cy, public authority or public benefit corporation, or division thereof,
    44  has  invested  and  is  selected  pursuant  to subdivision thirty-two of
    45  section one thousand six hundred seventy-eight  of  this  title  to  the
    46  extent authorized in subdivision thirty of such section.
    47    §  5.  Subdivision  1 of section 1680 of the public authorities law is
    48  amended by adding three new undesignated paragraphs to read as follows:
    49    the office of cannabis management.
    50    the cannabis control board.
    51    the private debt or equity fund in which  the  state  or  any  agency,
    52  authority  or  division thereof has invested and is selected pursuant to
    53  subdivision thirty-two of section one thousand six hundred seventy-eight
    54  of this title to the extent authorized in  subdivision  thirty  of  such
    55  section.
    56    § 6. This act shall take effect immediately.

        S. 8008--C                         32                         A. 9008--C
 
     1                                   PART JJ
 
     2    Section  1.  Subdivision  24-e  of  section  10  of the highway law is
     3  REPEALED.
     4    § 2. Section 7 of the transportation corporations law is REPEALED.
     5    § 3. This act shall take effect on the thirtieth day  after  it  shall
     6  have  become  a law; except that any and all annual fees for fiber optic
     7  facilities previously installed, or pending  applications  for  proposed
     8  new fiber facilities shall continue to be due and owing in full, for the
     9  remaining  duration  of  such  previously  installed  facility's  annual
    10  permit, or pending new application.
    11                                   PART KK
 
    12    Section 1. Subdivision 2  of  section  27-1207  of  the  environmental
    13  conservation  law,  as  amended by section 7 of part AA of chapter 58 of
    14  the laws of 2018, is amended to read as follows:
    15    2. The solid waste mitigation  program  shall  receive  no  more  than
    16  [twenty-five]  fifty million dollars from the clean water infrastructure
    17  act of 2017 and be made available to the department and  the  department
    18  of health, as applicable, for the following purposes:
    19    a. enumeration and assessment of solid waste sites;
    20    b.  investigation  and  environmental  characterization of solid waste
    21  sites, including environmental sampling;
    22    c. mitigation and remediation of solid waste sites;
    23    d. monitoring of solid waste sites; and
    24    e. administration and  enforcement  of  the  requirements  of  section
    25  27-1203 of this title.
    26    § 2. This act shall take effect immediately.
 
    27                                   PART LL
 
    28    Section  1.  Subdivision  29  of  section 27-1405 of the environmental
    29  conservation law, as added by section 2 of part BB of chapter 56 of  the
    30  laws of 2015, is amended and two new subdivisions 32 and 33 are added to
    31  read as follows:
    32    29.  "Affordable housing project" shall mean (a) a project as shall be
    33  defined in regulation by the department,  after  consultation  with  the
    34  division  of  housing  and  community renewal, which shall at a minimum,
    35  establish the percentage of units in the project that must  be  below  a
    36  defined  percentage of the area median income; or (b) a project situated
    37  on a brownfield site that demonstrates the project is the subject  of  a
    38  determination  by  a  federal,  state or local government housing agency
    39  that all or a portion of the project or site will qualify for  benefits,
    40  including  but  not  limited to real property taxation exemptions, is or
    41  will be eligible under an affordable housing program which requires that
    42  a percentage of residential rental or home ownership dwelling  units  be
    43  dedicated  to  tenants  or homeowners at a defined maximum percentage or
    44  percentages of area median income based  on  the  occupants'  households
    45  annual  gross  income.   Such federal, state or local affordable housing
    46  program shall confer a benefit to the project. For the purposes of  this
    47  subdivision,  the  term  "benefit" shall be broadly construed, and shall
    48  include, but not be limited to, tax benefits, including real estate  tax
    49  benefits,  tax  credits,  bond  financing, subsidy financing, and zoning
    50  variances or waivers. Further, the department may by  regulation,  after
    51  consulting  with  the division of housing and community renewal, exclude

        S. 8008--C                         33                         A. 9008--C
 
     1  specific benefits from qualifying pursuant  to  this  subdivision.    To
     2  demonstrate eligibility under this subdivision, the project must present
     3  a  certification  of  compliance  or  other evidence of eligibility by a
     4  federal,  state, or local government affordable housing agency that such
     5  project is an affordable housing project. For purposes of this  subdivi-
     6  sion,  "area  median  income"  shall mean the area median income for the
     7  primary metropolitan statistical area  or  for  the  county  if  located
     8  outside  a  metropolitan  statistical  area, as determined by the United
     9  States department of housing and urban development or its successor  for
    10  a family of four, as adjusted for family size.
    11    32.   "Disadvantaged community" shall mean a community that is identi-
    12  fied pursuant to section 75-0111 of this chapter.
    13    33. "Renewable energy facility site" shall  mean  real  property:  (a)
    14  that  is  used  for  a  renewable  energy  system, as defined in section
    15  sixty-six-p of the public service law;  or  (b)  any  co-located  system
    16  storing  energy  generated  from such a renewable energy system prior to
    17  delivering it to the bulk transmission,  sub-transmission,  or  distrib-
    18  ution system.
    19    §  2.  The  opening paragraph of subdivision 1-a of section 27-1407 of
    20  the environmental conservation law, as added by section 3 of part BB  of
    21  chapter 56 of the laws of 2015, is amended to read as follows:
    22    If  the person is also seeking a determination that the site is eligi-
    23  ble for the tangible property credit component of the  brownfield  rede-
    24  velopment  tax  credit pursuant to paragraph three of subdivision (a) of
    25  section twenty-one of the tax law for a site located in a city having  a
    26  population  of one million or more, such person shall submit information
    27  sufficient to demonstrate that: (a) at least half of the  site  area  is
    28  located in an environmental zone as defined in section twenty-one of the
    29  tax  law; (b) the property is upside down or underutilized; [or] (c) the
    30  project is an affordable housing project; (d) the project  is  within  a
    31  disadvantaged  community,  within  a  designated  brownfield opportunity
    32  area, and meets the conformance determinations pursuant  to  subdivision
    33  ten  of  section nine hundred seventy-r of the general municipal law; or
    34  (e) the project is being developed as a renewable energy facility  site.
    35  An applicant may request an eligibility determination for tangible prop-
    36  erty  credits  at  any  time  from application until the site receives a
    37  certificate of completion pursuant to  section  27-1419  of  this  title
    38  except for sites seeking eligibility under the underutilized category.
    39    §  3. Section 27-1409 of the environmental conservation law is amended
    40  by adding a new subdivision 13 to read as follows:
    41    13. After acceptance by the department, an executed brownfield cleanup
    42  agreement shall be submitted and returned to the department with payment
    43  of a nonrefundable program fee in the amount of fifty thousand  dollars,
    44  which  shall  be deposited to the credit of the oversight and assistance
    45  account of the hazardous waste remedial fund pursuant to  section  nine-
    46  ty-seven-b of the state finance law. The department shall waive such fee
    47  upon  a demonstration of financial hardship by the applicant.  To demon-
    48  strate financial hardship the applicant must show but  for  the  program
    49  fee,  remediation  of  the  brownfield  site  would  not be economically
    50  viable. When evaluating financial hardship, the department will consider
    51  whether the applicant has waived their rights to  tax  credits,  whether
    52  the  location  of  the  proposed  brownfield  site is in a disadvantaged
    53  community or the proposed brownfield  site  is  being  developed  as  an
    54  affordable  housing project, the assets and income of the applicant, and
    55  any other factors deemed relevant. The department shall establish  regu-
    56  lations governing the demonstration of financial hardship.  Program fees

        S. 8008--C                         34                         A. 9008--C
 
     1  shall  not  qualify  for any of the tax credits available for brownfield
     2  sites under sections twenty-one, twenty-two, and twenty-three of the tax
     3  law.
     4    §  4.  Paragraph 2 of subdivision (a) of section 21 of the tax law, as
     5  amended by section 1 of part H of chapter 577 of the laws  of  2004,  is
     6  amended to read as follows:
     7    (2)  Site  preparation  credit  component. The site preparation credit
     8  component shall be equal to the applicable percentage of the site prepa-
     9  ration costs paid or incurred by the taxpayer with respect to  a  quali-
    10  fied  site.  The credit component amount so determined with respect to a
    11  site's qualification for a certificate of completion  shall  be  allowed
    12  for  the  taxable year in which the effective date of the certificate of
    13  completion occurs. The credit component  amount  determined  other  than
    14  with respect to such qualification shall be allowed for the taxable year
    15  in  which  the improvement to which the applicable costs apply is placed
    16  in service for up to five taxable  years  after  the  issuance  of  such
    17  certificate  of  completion;  provided,  however, that for any qualified
    18  site to which a certificate of completion is issued  on  or  after  July
    19  first,  two  thousand  fifteen  but on or before June twenty-fourth, two
    20  thousand twenty-one, the site  preparation  credit  component  for  such
    21  costs  shall be allowed for up to seven taxable years after the issuance
    22  of such certificate of completion.
    23    § 5. Paragraph 4 of subdivision (a) of section 21 of the tax  law,  as
    24  amended  by  section  1 of part H of chapter 577 of the laws of 2004, is
    25  amended to read as follows:
    26    (4) On-site groundwater  remediation  credit  component.  The  on-site
    27  groundwater  remediation credit component shall be equal to the applica-
    28  ble percentage of the on-site  groundwater  remediation  costs  paid  or
    29  incurred by the taxpayer with respect to a qualified site (to the extent
    30  that such groundwater remediation costs are not included in the determi-
    31  nation  of  the  site  preparation  credit  or  the  cost or other basis
    32  included in the determination of  the  tangible  property  credit).  The
    33  credit  component so determined for costs incurred and paid with respect
    34  to and prior to the issuance of a certificate  of  completion  shall  be
    35  allowed for the taxable year in which the effective date of the issuance
    36  of  a  certificate  of  completion  occurs.  The credit component amount
    37  determined in taxable years after the effective date of the issuance  of
    38  a  certificate  of  completion shall be allowed in the taxable year such
    39  qualified costs are incurred and paid for up to five taxable years after
    40  the issuance of such certificate of completion; provided, however,  that
    41  with respect to any qualified site for which a certificate of completion
    42  has  been  issued on or after July first, two thousand fifteen but on or
    43  before June twenty-fourth, two thousand twenty-one, the credit component
    44  amount determined in taxable years after the effective date of the issu-
    45  ance of a certificate of completion shall be allowed in the taxable year
    46  such qualified costs are incurred and paid for up to seven taxable years
    47  after the issuance of such certificate of completion.
    48    § 6. Subparagraph (B) of paragraph 5 of subdivision (a) of section  21
    49  of the tax law, as amended by section 21 of part BB of chapter 56 of the
    50  laws of 2015, is amended to read as follows:
    51    (B)  With  respect  to such qualified site for which the department of
    52  environmental conservation has issued a notice to  the  taxpayer  on  or
    53  after  July  first,  two thousand fifteen [or the date of publication in
    54  the state register of proposed regulations defining  "underutilized"  as
    55  provided  in  subdivision thirty of section 27-1405 of the environmental
    56  conservation law, whichever  shall  be  later],  that  its  request  for

        S. 8008--C                         35                         A. 9008--C
 
     1  participation has been accepted under subdivision six of section 27-1407
     2  of the environmental conservation law, the applicable percentage for the
     3  tangible  property  credit component of the brownfield redevelopment tax
     4  credit  pursuant  to  paragraph  three  of  [subdivision  (a)  of]  this
     5  [section] subdivision shall be the sum of ten percent and the  following
     6  additional  percentages,  provided that if the sum is greater than twen-
     7  ty-four percent, the total percentage of the  tangible  property  credit
     8  component  shall  be twenty-four percent and is otherwise subject to the
     9  limitations set forth in paragraphs three and  three-a  of  [subdivision
    10  (a) of] this [section] subdivision:
    11    (i) five percent for a site which:
    12    (1) is located within an environmental zone; or
    13    (2) is in a disadvantaged community as that term is defined in section
    14  27-1405  of  the environmental conservation law for which the department
    15  of environmental conservation has issued a notice to the taxpayer on  or
    16  after  January  first,  two  thousand  twenty-three that its request for
    17  participation has been accepted under subdivision six of section 27-1407
    18  of the environmental conservation law;
    19    (ii) five percent for a site located within  a  designated  brownfield
    20  opportunity  area  and  is  developed  in conformance with the goals and
    21  priorities established for that applicable brownfield  opportunity  area
    22  and  meets the conformance determinations pursuant to subdivision ten of
    23  section nine hundred seventy-r of the general municipal law;
    24    (iii) five percent for a site  developed  as  affordable  housing,  as
    25  defined in section 27-1405 of the environmental conservation law;
    26    (iv)  five  percent  for a site to be used primarily for manufacturing
    27  activities as such term is defined  in  subparagraph  (B)  of  paragraph
    28  three-a of this subdivision; [and]
    29    (v)  five  percent  for  sites  remediated  to Track 1 as that term is
    30  defined in subdivision four of  section  27-1415  of  the  environmental
    31  conservation law; and
    32    (vi)  for  a  qualified site for which the department of environmental
    33  conservation has issued a notice to the taxpayer  on  or  after  January
    34  first,  two thousand twenty-three that its request for participation has
    35  been accepted under subdivision six of section 27-1407 of  the  environ-
    36  mental  conservation  law, five percent for sites developed as renewable
    37  energy facility sites as defined in section 27-1405 of the environmental
    38  conservation law.
    39    § 7. Paragraph 2 of subdivision (b) of section 21 of the tax  law,  as
    40  amended  by  section 23 of part BB of chapter 56 of the laws of 2015, is
    41  amended to read as follows:
    42    (2) Site preparation costs. The term "site  preparation  costs"  shall
    43  mean  all  amounts  properly  chargeable to a capital account, which are
    44  paid or incurred which are necessary  to  implement  a  site's  investi-
    45  gation,  remediation,  or qualification for a certificate of completion,
    46  and shall include costs of: excavation; demolition; activities undertak-
    47  en under the oversight of the department of labor or in accordance  with
    48  standards  established  by  the  department  of  health to remediate and
    49  dispose of regulated materials including asbestos, lead  or  polychlori-
    50  nated  biphenyls;  environmental  consulting;  engineering; legal costs;
    51  transportation, disposal, treatment or containment of contaminated soil;
    52  remediation measures taken to address  contaminated  soil  vapor;  cover
    53  systems  consistent  with  applicable  regulations;  physical support of
    54  excavation; dewatering and other work to facilitate  or  enable  remedi-
    55  ation  activities;  sheeting,  shoring,  and  other engineering controls
    56  required to prevent off-site migration of contamination from the  quali-

        S. 8008--C                         36                         A. 9008--C
 
     1  fied  site  or migrating onto the qualified site; and the costs of fenc-
     2  ing, temporary electric wiring,  scaffolding,  and  security  facilities
     3  until  such  time as the certificate of completion has been issued. Site
     4  preparation shall include all costs paid or incurred within sixty months
     5  after  the  last  day  of  the  tax  year  in  which  the certificate of
     6  completion is issued that are necessary for compliance with the  certif-
     7  icate of completion or subsequent modifications thereof, or the remedial
     8  program  defined  in  such  certificate  of completion including but not
     9  limited to institutional controls,  engineering  controls,  an  approved
    10  site  management plan, and an environmental easement with respect to the
    11  qualified site; provided, however, with respect to  any  qualified  site
    12  for  which  the  department  of  environmental conservation has issued a
    13  notice to the taxpayer on or after July first, two thousand fifteen  but
    14  on  or   before   June  twenty-fourth,  two thousand twenty-one that its
    15  request for participation has been accepted  under  subdivision  six  of
    16  section  27-1407 of the environmental conservation law, site preparation
    17  shall include all costs paid or incurred within eighty-four months after
    18  the last day of the tax year in which the certificate of  completion  is
    19  issued  that  are  necessary  for  compliance  with  the  certificate of
    20  completion or subsequent modifications thereof, or the remedial  program
    21  defined  in  such certificate of completion including but not limited to
    22  institutional controls, engineering controls, an approved  site  manage-
    23  ment  plan,  and an environmental easement with respect to the qualified
    24  site. Site preparation cost shall not include the  costs  of  foundation
    25  systems  that  exceed  the  cover system requirements in the regulations
    26  applicable to the qualified site.
    27    § 8. Paragraph 4 of subdivision (b) of section 21 of the tax  law,  as
    28  amended  by  section 23 of part BB of chapter 56 of the laws of 2015, is
    29  amended to read as follows:
    30    (4) On-site groundwater remediation costs. The term "on-site groundwa-
    31  ter remediation costs" shall mean all amounts properly chargeable  to  a
    32  capital  account,  which  are  paid  or  incurred which are necessary to
    33  implement a site's groundwater investigation, remediation, or qualifica-
    34  tion for a certificate of completion  not  already  covered  under  site
    35  preparation costs, and shall include costs of: environmental consulting;
    36  engineering;   legal   costs;  transportation,  disposal,  treatment  or
    37  containment of contaminated groundwater; sheeting,  shoring,  and  other
    38  engineering controls required to prevent off-site migration of groundwa-
    39  ter  contamination  from the qualified site or migrating onto the quali-
    40  fied site; and the costs of fencing, temporary electric wiring and secu-
    41  rity facilities until such time as  the  certificate  of  completion  is
    42  issued.  On-site  groundwater  remediation costs shall include all costs
    43  paid or incurred within sixty months after the last day of the tax  year
    44  in  which the certificate of completion is issued that are necessary for
    45  compliance with the certificate of completion  or  subsequent  modifica-
    46  tions  thereof,  or  the  groundwater  remedial  program defined in such
    47  certificate of completion including but  not  limited  to  institutional
    48  controls, engineering controls, an approved site management plan specif-
    49  ic  to  on-site  groundwater  remediation, and an environmental easement
    50  with respect to the qualified site. Provided, however, with  respect  to
    51  any qualified site for which a certificate of completion has been issued
    52  on or after July first, two thousand fifteen but on or before June twen-
    53  ty-fourth,  two  thousand  twenty-one,  on-site  groundwater remediation
    54  costs shall include all such costs paid or incurred  within  eighty-four
    55  months  after  the  last day of the tax year in which the certificate of
    56  completion is issued.

        S. 8008--C                         37                         A. 9008--C
 
     1    § 9. Subparagraph (i) of paragraph 3 of subdivision (a) of section  21
     2  of  the tax law, as amended by section 1 of part AA of chapter 58 of the
     3  laws of 2021, is amended to read as follows:
     4    (i)  The  tangible  property  credit  component  shall be equal to the
     5  applicable percentage of the cost or other basis for federal income  tax
     6  purposes  of  tangible  personal  property  and other tangible property,
     7  including  buildings  and  structural  components  of  buildings,  which
     8  constitute qualified tangible property and may include any related party
     9  service  fee  paid; provided that in determining the cost or other basis
    10  of such property, the taxpayer shall exclude the acquisition cost of any
    11  item of property with respect to which a credit under this  section  was
    12  allowable  to  another  taxpayer;  and  provided  further  that  for the
    13  purposes of this section, starting with taxable year two thousand  twen-
    14  ty-two,  on  sites  that comply with the track one remediation standards
    15  promulgated pursuant to subdivision four of section 27-1415 of the envi-
    16  ronmental conservation law, stadiums, baseball parks, basketball  courts
    17  and  other  athletic  facilities shall be considered buildings, and that
    18  components of stadiums, baseball parks,  basketball  courts,  and  other
    19  athletic  facilities  constructed  on such sites, including sports field
    20  turf, site  lighting,  sidewalks,  access  and  entry  ways,  and  other
    21  improvements added to land, shall be considered structural components of
    22  buildings  under the internal revenue code, and shall be included in the
    23  definition of tangible property for the  purposes  of  this  section.  A
    24  related  party  service  fee shall be allowed only in the calculation of
    25  the tangible property credit component and shall not be allowed  in  the
    26  calculation  of  the  site  preparation  credit component or the on-site
    27  groundwater remediation credit component. The portion  of  the  tangible
    28  property credit component which is attributable to related party service
    29  fees  shall be allowed only as follows: (A) in the taxable year in which
    30  the qualified tangible property described in subparagraph (iii) of  this
    31  paragraph  is  placed  in service, for that portion of the related party
    32  service fees which have been earned and actually  paid  to  the  related
    33  party  on  or  before  the  last  day of such taxable year; and (B) with
    34  respect to any other taxable year for which the tangible property credit
    35  component may be claimed under this subparagraph and in which the amount
    36  of any additional related party service fees are actually  paid  by  the
    37  taxpayer  to  the  related party, the tangible property credit component
    38  for such amount shall be allowed in such taxable year. The credit compo-
    39  nent amount so determined shall be allowed for the taxable year in which
    40  such qualified tangible property is first placed in service on a  quali-
    41  fied  site  with  respect  to which a certificate of completion has been
    42  issued to the taxpayer, or for the taxable year in which the certificate
    43  of completion is issued if the qualified tangible property is placed  in
    44  service  prior  to  the  issuance of the certificate of completion. This
    45  credit component shall only be allowed for  up  to  one  hundred  twenty
    46  months after the date of the issuance of such certificate of completion,
    47  provided,  however,  that  for qualified sites to which a certificate of
    48  completion is issued on or after March twentieth, two thousand ten,  but
    49  prior to January first, two thousand twelve, the commissioner may extend
    50  the  credit  component for up to one hundred forty-four months after the
    51  date of such issuance, if the commissioner,  in  consultation  with  the
    52  commissioner of environmental conservation, determines that the require-
    53  ments  for  the  credit  would have been met if not for the restrictions
    54  related to the state disaster emergency declared pursuant  to  executive
    55  order 202 of 2020 or any extension thereof or subsequent executive order
    56  issued  in  response  to  the  novel  coronavirus  (COVID-19)  pandemic;

        S. 8008--C                         38                         A. 9008--C
 
     1  provided, however, with respect to any  qualified  site  for  which  the
     2  department  of  environmental  conservation  has issued a certificate of
     3  completion to the taxpayer on or after March twentieth, two thousand ten
     4  and  before  December  thirty-first,  two  thousand fifteen, this credit
     5  component shall be allowed for up to one hundred eighty months after the
     6  date of the issuance of such certificate of completion.
     7    § 10. Section 31 of part H of chapter 1 of the laws of 2003,  amending
     8  the tax law relating to brownfield redevelopment tax credits, remediated
     9  brownfield  credit for real property taxes for qualified sites and envi-
    10  ronmental remediation insurance credits, as amended  by  section  32  of
    11  part  BB  of  chapter  56  of  the  laws  of 2015, is amended to read as
    12  follows:
    13    § 31. The tax credits allowed under section 22 or 23 of  the  tax  law
    14  and  the  corresponding  provisions in articles 9, 9-A, 22 and 33 of the
    15  tax law, as added by the provisions of sections one through  twenty-nine
    16  of  this  act,  shall  not  be  applicable to any site accepted into the
    17  brownfield cleanup program on and after July 1, 2015  [or  the  date  of
    18  publication  in  the  state  register  of  proposed regulations defining
    19  "underutilized" as provided in subdivision 30 of section 27-1405 of  the
    20  environmental conservation law, whichever shall be later]. The tax cred-
    21  its  allowed  under  section  21  of  the  tax law and the corresponding
    22  provisions in articles 9, 9-A, 22 and 33 of the tax law, as added by the
    23  provisions of sections one through twenty-nine of this act, shall not be
    24  applicable to any site accepted  into  the  brownfield  cleanup  program
    25  after  December  31,  [2022]  2032,  provided,  however  that  any sites
    26  accepted on or before December 31, [2022] 2032 must  have  received  the
    27  certificate of completion required to qualify for any of such credits on
    28  or before [March] December 31, [2026] 2036.
    29    § 11. This act shall take effect immediately.
 
    30                                   PART MM
 
    31    Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
    32  section  27-1905  of  the  environmental conservation law, as amended by
    33  section 1 of part E of chapter 58 of the laws of 2019,  are  amended  to
    34  read as follows:
    35    1. Until December thirty-first, two thousand [twenty-two] twenty-five,
    36  accept  from  a customer, waste tires of approximately the same size and
    37  in a quantity equal to the number of new tires purchased or installed by
    38  the customer; and
    39    Until December thirty-first, two  thousand  [twenty-two]  twenty-five,
    40  post  written  notice  in  a  prominent location, which must be at least
    41  eight and one-half inches by fourteen inches in  size  and  contain  the
    42  following language:
    43    §  2.  Subdivisions  1,  2,  3  and  paragraph (a) of subdivision 6 of
    44  section 27-1913 of the environmental conservation  law,  as  amended  by
    45  section  2  of  part E of chapter 58 of the laws of 2019, are amended to
    46  read as follows:
    47    1. Until December thirty-first, two thousand [twenty-two] twenty-five,
    48  a waste tire management and recycling fee of two dollars and fifty cents
    49  shall be charged on each new tire sold. The fee shall  be  paid  by  the
    50  purchaser  to  the  tire  service  at the time the new tire or new motor
    51  vehicle is purchased.
    52    The waste tire management and recycling fee does not apply to:
    53    (a) recapped or resold tires;
    54    (b) mail-order sales; or

        S. 8008--C                         39                         A. 9008--C
 
     1    (c) the sale of new motor vehicle tires to a  person  solely  for  the
     2  purpose  of  resale provided the subsequent retail sale in this state is
     3  subject to such fee.
     4    2. Until December thirty-first, two thousand [twenty-two] twenty-five,
     5  the  tire  service shall collect the waste tire management and recycling
     6  fee from the purchaser at the time of the sale and shall remit such  fee
     7  to  the  department  of  taxation  and finance with the quarterly report
     8  filed pursuant to subdivision three of this section.
     9    (a) The fee imposed shall be stated as an invoice  item  separate  and
    10  distinct from the selling price of the tire.
    11    (b) The tire service shall be entitled to retain an allowance of twen-
    12  ty-five cents per tire from fees collected.
    13    3.  [Until  March  thirty-first, two thousand twenty-three, each] Each
    14  tire service maintaining a place of business in this state shall make  a
    15  return  to  the department of taxation and finance on a quarterly basis,
    16  with the return for December, January, and  February  being  due  on  or
    17  before  the  immediately  following  March  thirty-first; the return for
    18  March, April, and May being due on or before the  immediately  following
    19  June  thirtieth;  the  return for June, July, and August being due on or
    20  before the immediately following September thirtieth; and the return for
    21  September, October, and November being due on or before the  immediately
    22  following December thirty-first.
    23    (a) Each return shall include:
    24    (i) the name of the tire service;
    25    (ii) the address of the tire service's principal place of business and
    26  the  address  of the principal place of business (if that is a different
    27  address) from which the tire service engages in the business  of  making
    28  retail sales of tires;
    29    (iii) the name and signature of the person preparing the return;
    30    (iv)  the  total  number of new tires sold at retail for the preceding
    31  quarter and the total number of new tires placed on motor vehicles prior
    32  to original retail sale;
    33    (v) the amount of waste tire management and recycling fees due; and
    34    (vi) such other reasonable information as the department  of  taxation
    35  and finance may require.
    36    (b)  Copies  of  each report shall be retained by the tire service for
    37  three years.
    38    If a tire service ceases business, it shall file a  final  return  and
    39  remit  all fees due under this title with the department of taxation and
    40  finance not more than one month after discontinuing that business.
    41    (a)   Until   December   thirty-first,   two   thousand   [twenty-two]
    42  twenty-five, any additional waste tire management and recycling costs of
    43  the  tire  service  in  excess  of  the amount authorized to be retained
    44  pursuant to paragraph (b) of subdivision two  of  this  section  may  be
    45  included in the published selling price of the new tire, or charged as a
    46  separate  per-tire  charge  on  each  new tire sold. When such costs are
    47  charged as a separate per-tire charge: (i) such charge shall  be  stated
    48  as  an  invoice item separate and distinct from the selling price of the
    49  tire; (ii) the invoice shall state that the charge  is  imposed  at  the
    50  sole discretion of the tire service; and (iii) the amount of such charge
    51  shall reflect the actual cost to the tire service for the management and
    52  recycling  of  waste  tires  accepted  by  the  tire service pursuant to
    53  section 27-1905 of this title, provided however, that in no event  shall
    54  such charge exceed two dollars and fifty cents on each new tire sold.

        S. 8008--C                         40                         A. 9008--C
 
     1    §  3.  Subdivision 3 of section 27-1913 of the environmental conserva-
     2  tion law, as amended by section two of this act, is amended to  read  as
     3  follows:
     4    3.  Each  tire  service  maintaining a place of business in this state
     5  shall make a return to the department of  taxation  and  finance  [on  a
     6  quarterly  basis,  with  the  return for December, January, and February
     7  being due on or before the immediately following March thirty-first; the
     8  return for March, April, and May being due on or before the  immediately
     9  following  June  thirtieth;  the return for June, July, and August being
    10  due on or before the immediately following September thirtieth; and  the
    11  return  for  September, October, and November being due on or before the
    12  immediately following December thirty-first.
    13    (a) Each return shall include:
    14    (i) the name of the tire service;
    15    (ii) the address of the tire service's principal place of business and
    16  the address of the principal place of business (if that is  a  different
    17  address)  from  which the tire service engages in the business of making
    18  retail sales of tires;
    19    (iii) the name and signature of the person preparing the return;
    20    (iv) the total number of new tires sold at retail  for  the  preceding
    21  quarter and the total number of new tires placed on motor vehicles prior
    22  to original retail sale;
    23    (v) the amount of waste tire management and recycling fees due; and
    24    (vi)  such  other reasonable information as the department of taxation
    25  and finance may require.
    26    (b) Copies of each report shall be retained by the  tire  service  for
    27  three years.
    28    If  a  tire  service ceases business, it shall file a final return and
    29  remit all fees due under this title with the department of taxation  and
    30  finance  not  more  than one month after discontinuing that business] on
    31  such form and including such information as the commissioner of taxation
    32  and finance may require. Such returns shall be due at the same time  and
    33  for  the  same  periods as the sales tax return of such tire service, in
    34  accordance with section eleven hundred thirty-six of the  tax  law,  and
    35  payment  of  all  fees  due for such periods shall be remitted with such
    36  returns.
    37    § 4. Subdivision 5 of section 27-1913 of the  environmental  conserva-
    38  tion  law, as added by section 2 of part E of chapter 686 of the laws of
    39  2003, is amended to read as follows:
    40    5. (a) The provisions of article [twenty-seven]  twenty-eight  of  the
    41  tax  law,  including the provisions relating to definitions, exemptions,
    42  returns, personal liability for the tax,  collection  of  tax  from  the
    43  customer,  payment  of  tax  and  the administration of the tax imposed,
    44  shall apply to the provisions of this section in  the  same  manner  and
    45  with  the  same  force and effect as if the language of such article had
    46  been incorporated in full into this section and had  expressly  referred
    47  to  the  fee under this section, except to the extent that any provision
    48  of such article is either inconsistent with a provision of this  section
    49  or  is  not relevant to this section.  For purposes of this section, any
    50  reference to a tax or the taxes imposed by article twenty-eight  of  the
    51  tax  law  shall be deemed also to refer to the waste tire management and
    52  recycling fee imposed under the  authority  of  this  section  unless  a
    53  different meaning is clearly required.
    54    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    55  sion, the exemptions provided in section eleven hundred sixteen  of  the
    56  tax law shall not apply to this section except with respect to the enti-

        S. 8008--C                         41                         A. 9008--C
 
     1  ties  described in paragraphs one, two, three and six of subdivision (a)
     2  of such section.
     3    §  5.  This  act shall take effect immediately; provided that sections
     4  three and four of this act shall take effect March  1,  2023;  provided,
     5  further, that the return for the quarterly period ending on the last day
     6  of  February, 2023 shall be due on March 31, 2023, and any fees required
     7  to be collected and paid for such period  must  be  remitted  with  such
     8  return.
 
     9                                   PART NN
 
    10    Section  1.  Section  1  of  part TT of chapter 59 of the laws of 2021
    11  authorizing the creation of state debt in the amount  of  three  billion
    12  dollars,  in  relation  to  creating  the environmental bond act of 2022
    13  "restore mother nature" for the purposes of  environmental  improvements
    14  that  preserve,  enhance,  and  restore New York's natural resources and
    15  reduce the impact of climate change; and providing for the submission to
    16  the people of a proposition or question therefor to be voted upon at the
    17  general election to be held in November, 2022, is  amended  to  read  as
    18  follows:
    19    Section  1.  The  [restore mother nature]  clean water, clean air, and
    20  green jobs environmental bond act of 2022 is enacted to read as follows:
    21            CLEAN WATER, CLEAN AIR, AND GREEN JOBS ENVIRONMENTAL
    22                              BOND ACT OF 2022
    23                          ["RESTORE MOTHER NATURE"]
    24  Section 1. Short title.
    25          2. Creation of state debt.
    26          3. Bonds of the state.
    27          4. Use of moneys received.
    28    § 1. Short title. This act shall be known and  may  be  cited  as  the
    29  "clean  water,  clean air, and green jobs environmental bond act of 2022
    30  [restore mother nature]".
    31    § 2. Creation of state debt. The creation of state debt in  an  amount
    32  not  exceeding in the aggregate [three] four billion two hundred million
    33  dollars [($3,000,000,000)]  ($4,200,000,000)  is  hereby  authorized  to
    34  provide  moneys  for the single purpose of making environmental improve-
    35  ments that preserve, enhance, and restore New York's  natural  resources
    36  and reduce the impact of climate change by funding capital projects for:
    37  restoration  and  flood  risk  reduction  not  less than one billion one
    38  hundred million dollars [($1,000,000,000)] ($1,100,000,000); open  space
    39  land  conservation and recreation up to [five] six hundred fifty million
    40  dollars [($550,000,000)] ($650,000,000); climate change mitigation up to
    41  [seven   hundred]   one   billion   five   hundred    million    dollars
    42  [($700,000,000)]  ($1,500,000,000);  and,  water quality improvement and
    43  resilient infrastructure not less than [five] six hundred fifty  million
    44  dollars [($550,000,000)] ($650,000,000).
    45    §  3.  Bonds  of the state. The state comptroller is hereby authorized
    46  and empowered to issue and sell bonds of the state up to  the  aggregate
    47  amount   of   [three]   four   billion   two   hundred  million  dollars
    48  [($3,000,000,000)]  ($4,200,000,000)  for  the  purposes  of  this  act,
    49  subject  to  the  provisions  of article 5 of the state finance law. The
    50  aggregate principal amount of such bonds shall not exceed  [three]  four
    51  billion  two hundred million dollars [($3,000,000,000)] ($4,200,000,000)
    52  excluding bonds issued to refund or  otherwise  repay  bonds  heretofore
    53  issued for such purpose; provided, however, that upon any such refunding
    54  or  repayment, the total aggregate principal amount of outstanding bonds

        S. 8008--C                         42                         A. 9008--C
 
     1  may be greater than [three] four billion  two  hundred  million  dollars
     2  [($3,000,000,000)]  ($4,200,000,000)  only  if  the present value of the
     3  aggregate debt service of the refunding or repayment bonds to be  issued
     4  shall  not exceed the present value of the aggregate debt service of the
     5  bonds to be refunded or repaid. The method for calculating present value
     6  shall be determined by law.
     7    § 4. Use of moneys received. The moneys received by the state from the
     8  sale of bonds sold pursuant to this act shall be  expended  pursuant  to
     9  appropriations  for  capital  projects related to design, planning, site
    10  acquisition, demolition,  construction,  reconstruction,  and  rehabili-
    11  tation projects specified in section two of this act.
    12    §  2. Section 2 of part TT of chapter 59 of the laws of 2021 authoriz-
    13  ing the creation of state debt in the amount of three  billion  dollars,
    14  in  relation  to  creating  the  environmental bond act of 2022 "restore
    15  mother nature" for  the  purposes  of  environmental  improvements  that
    16  preserve,  enhance,  and restore New York's natural resources and reduce
    17  the impact of climate change; and providing for the  submission  to  the
    18  people  of  a  proposition  or question therefor to be voted upon at the
    19  general election to be held in November, 2022, is  amended  to  read  as
    20  follows:
    21    §  2.  This  act  shall  take  effect  immediately,  provided that the
    22  provisions of section one of this act shall not take effect  unless  and
    23  until  this  act  shall have been submitted to the people at the general
    24  election to be held in November 2022 and shall have been approved  by  a
    25  majority  of all votes cast for and against it at such general election.
    26  Upon approval by the people, section one of this act shall  take  effect
    27  immediately.  The  ballots  to  be  furnished for the use of voters upon
    28  submission of this act shall be in the form prescribed by  the  election
    29  law  and  the  proposition  or question to be submitted shall be printed
    30  thereon in the following form, namely "To address and combat the  impact
    31  of climate change and damage to the environment, the "Clean Water, Clean
    32  Air,  and  Green  Jobs  Environmental  Bond Act of 2022 ["Restore Mother
    33  Nature]" authorizes the sale of state bonds up to [three]  four  billion
    34  two  hundred  million  dollars to fund environmental protection, natural
    35  restoration, resiliency, and clean energy projects. Shall  the  Environ-
    36  mental Bond Act of 2022 be approved?".
    37    § 3. This act shall take effect immediately; provided that section one
    38  of this act shall take effect on the same date and in the same manner as
    39  section  1  of part TT of chapter 59 of the laws of 2021 authorizing the
    40  creation of state debt in  the  amount  of  three  billion  dollars,  in
    41  relation  to creating the environmental bond act of 2022 "restore mother
    42  nature" for the purposes of environmental  improvements  that  preserve,
    43  enhance,  and restore New York's natural resources and reduce the impact
    44  of climate change; and providing for the submission to the people  of  a
    45  proposition  or  question  therefor  to  be  voted  upon  at the general
    46  election to be held in November, 2022, takes effect.
 
    47                                   PART OO
 
    48    Section 1.  The article heading of article  58  of  the  environmental
    49  conservation  law, as added by section 1 of part UU of chapter 59 of the
    50  laws of 2021, is amended to read as follows:
    51          IMPLEMENTATION OF THE "CLEAN WATER, CLEAN AIR, AND GREEN
    52                                    JOBS
    53               ENVIRONMENTAL BOND ACT OF 2022 ["RESTORE MOTHER
    54                                  NATURE]"

        S. 8008--C                         43                         A. 9008--C
 
     1    § 2. Subdivisions 1, 4, 5 and 7 of section  58-0101  of  the  environ-
     2  mental  conservation law, as added by section 1 of part UU of chapter 59
     3  of the laws of 2021, are amended to read as follows:
     4    1.  "Bonds" shall mean general obligation bonds issued pursuant to the
     5  "clean water, clean air, and green jobs environmental bond act  of  2022
     6  ["restore mother nature]" in accordance with article VII of the New York
     7  state constitution and article five of the state finance law.
     8    4.  "Disadvantaged communities" shall mean a community that is identi-
     9  fied pursuant to section 75-0111 of this chapter.
    10    5. "Endangered or threatened  species  project"  means  a  project  to
    11  restore,  recover,  or reintroduce an endangered, threatened, or species
    12  of special concern pursuant to  a  recovery  plan  or  restoration  plan
    13  prepared and adopted by the department, including but not limited to the
    14  state's wildlife action plan.
    15    [5.  "Environmental  justice community" means a minority or low-income
    16  community that may bear a disproportionate share of the  negative  envi-
    17  ronmental consequences resulting from industrial, municipal, and commer-
    18  cial  operations  or  the execution of federal, state, local, and tribal
    19  programs and policies.]
    20    7. "Green buildings project" means (i) installing, upgrading, or modi-
    21  fying a renewable energy source at a state-owned  building  or  for  the
    22  purpose  of  converting or connecting a state-owned building or a public
    23  school building, or portion thereof, to a renewable energy source;  (ii)
    24  reducing energy use or improving energy efficiency or occupant health at
    25  a  state-owned  building or a public school building; (iii) installing a
    26  green roof at a state-owned building or a public school building;  [and]
    27  (iv)  installation  of renewable heating and cooling systems at a state-
    28  owned building or a public school building; or  (v)  emission  reduction
    29  projects.
    30    §  3.  Section 58-0103 of the environmental conservation law, as added
    31  by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
    32  read as follows:
    33  § 58-0103. Allocation of moneys.
    34    The moneys received by the state from the sale of  bonds  pursuant  to
    35  the  environmental  bond act of 2022 shall be disbursed in the following
    36  amounts pursuant to  appropriations  as  specifically  provided  for  in
    37  titles three, five, seven, and nine of this article:
    38    1.   Not   less   than   one   billion  one  hundred  million  dollars
    39  [($1,000,000,000)]  ($1,100,000,000)  for  restoration  and  flood  risk
    40  reduction as set forth in title three of this article.
    41    2.  Up  to  [five]  six hundred fifty million dollars [($550,000,000)]
    42  ($650,000,000) for open space land conservation and  recreation  as  set
    43  forth in title five of this article.
    44    3.   Up   to   [seven]   one  billion  five  hundred  million  dollars
    45  [($700,000,000)] ($1,500,000,000) for climate change mitigation  as  set
    46  forth in title seven of this article.
    47    4.   Not   less   than   [five]  six  hundred  fifty  million  dollars
    48  [($550,000,000)] ($650,000,000) for water quality improvement and resil-
    49  ient infrastructure as set forth in title nine of this article.
    50    § 4. Subdivision 1 of section 58-0105 of the  environmental  conserva-
    51  tion  law, as added by section 1 of part UU of chapter 59 of the laws of
    52  2021, is amended to read as follows:
    53    1. Administer funds generated pursuant to the "clean water, clean air,
    54  and green jobs environmental bond act of 2022 ["restore mother nature]".

        S. 8008--C                         44                         A. 9008--C
 
     1    § 5. Section 58-0301 of the environmental conservation law,  as  added
     2  by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
     3  read as follows:
     4  § 58-0301. Allocation of moneys.
     5    Of the moneys received by the state from the sale of bonds pursuant to
     6  the  environmental  bond  act  of  2022,  not  less than one billion one
     7  hundred million dollars  [($1,000,000,000)]  ($1,100,000,000)  shall  be
     8  available  for  disbursements  for  restoration and flood risk reduction
     9  projects developed pursuant to section 58-0303 of this title.  Not  more
    10  than  two  hundred  fifty  million dollars ($250,000,000) of this amount
    11  shall be available for projects pursuant to subdivision two  of  section
    12  58-0303  of  this  title  and  not less than one hundred million dollars
    13  ($100,000,000) each shall be available for  coastal  rehabilitation  and
    14  shoreline  restoration projects and projects which address inland flood-
    15  ing, pursuant to paragraph a of subdivision one of  section  58-0303  of
    16  this title.
    17    §  6.  Section 58-0501 of the environmental conservation law, as added
    18  by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
    19  read as follows:
    20  § 58-0501. Allocation of moneys.
    21    Of the moneys received by the state from the sale of bonds pursuant to
    22  the environmental bond act of 2022  to  be  used  for  open  space  land
    23  conservation  and  recreation  projects,  up to [five] six hundred fifty
    24  million dollars [($550,000,000)] ($650,000,000) shall be  available  for
    25  programs,  plans,  and projects developed pursuant to section 58-0503 of
    26  this  title,  however,  not  more  than  seventy-five  million   dollars
    27  ($75,000,000)  shall be made available for the creation of a fish hatch-
    28  ery, or the improvement, expansion, repair or  maintenance  of  existing
    29  fish  hatcheries,  not  less  than  [two]  three hundred million dollars
    30  [($200,000,000)] ($300,000,000) shall be made available for  open  space
    31  land conservation projects pursuant to paragraph a of subdivision one of
    32  section  58-0503  of  this  title  and  not  less than one hundred fifty
    33  million dollars [($100,000,000)] ($150,000,000) shall be made  available
    34  for  farmland  protection  pursuant to paragraph b of subdivision one of
    35  section 58-0503 of this title.
    36    § 7. Section 58-0701 and subdivision 1 of 58-0703 of the environmental
    37  conservation law, as added by section 1 of part UU of chapter 59 of  the
    38  laws of 2021, are amended to read as follows:
    39  § 58-0701. Allocation of moneys.
    40    Of the moneys received by the state from the sale of bonds pursuant to
    41  the  environmental  bond  act  of  2022,  up to [seven] one billion five
    42  hundred million dollars [($700,000,000)] ($1,500,000,000) shall be  made
    43  available  for  disbursements  for  climate  change  mitigation projects
    44  developed pursuant to section 58-0703  of  this  title.  Not  less  than
    45  [three]   four   hundred   [fifty]   million   dollars  [($350,000,000)]
    46  ($400,000,000) of this amount shall be  available  for  green  buildings
    47  projects,  not  less than one hundred million dollars ($100,000,000) for
    48  climate adaptation and mitigation projects pursuant to  paragraph  c  of
    49  subdivision  one  of  section  58-0703  of this title, not less than two
    50  hundred million dollars ($200,000,000) shall be available for  disburse-
    51  ment  to  reduce or eliminate water pollution or air pollution affecting
    52  disadvantaged communities pursuant to paragraphs f and g of  subdivision
    53  one  of  section  58-0703  of this title, and not less than five hundred
    54  million dollars ($500,000,000) for costs associated with the purchase of
    55  or conversion to zero emission school buses and  supporting  infrastruc-

        S. 8008--C                         45                         A. 9008--C
 
     1  ture  as  set forth in paragraph h of subdivision one of section 58-0703
     2  of this title.
     3    1.  Eligible  climate  change mitigation projects include, but are not
     4  limited to:
     5    a. costs  associated  with  green  building  projects,  projects  that
     6  increase  energy  efficiency or the use or siting of renewable energy on
     7  state-owned buildings or properties including  buildings  owned  by  the
     8  state  university of the state of New York, city university of the state
     9  of New York, [and] community colleges, and public schools;
    10    b. costs associated with projects that  utilize  natural  and  working
    11  lands  to  sequester carbon and mitigate methane emissions from agricul-
    12  tural  sources,  such  as  manure  storage  through  cover  and  methane
    13  reduction technologies;
    14    c.  costs  associated  with  implementing climate adaptation and miti-
    15  gation projects pursuant to section 54-1523 of this chapter;
    16    d. costs associated with urban forestry projects such  as  forest  and
    17  habitat  restoration,  for purchase and planting of street trees and for
    18  projects to expand  the  existing  tree  canopy  and  bolster  community
    19  health;
    20    e.  costs  associated  with  projects  that  reduce  urban heat island
    21  effect, such as installation of  green  roofs,  open  space  protection,
    22  community  gardens,  cool  pavement  projects,  projects  that create or
    23  upgrade community cooling centers, and the  installation  of  reflective
    24  roofs where installation of green roofs is not possible;
    25    f. costs associated with projects to reduce or eliminate air pollution
    26  from  stationary  or mobile sources of air pollution affecting [an envi-
    27  ronmental justice community] disadvantaged communities; [and]
    28    g. costs associated with projects  which  would  reduce  or  eliminate
    29  water  pollution,  whether from point or non-point discharges, affecting
    30  [an environmental justice community] disadvantaged communities; and
    31    h. costs associated with the purchase or conversion to  zero  emission
    32  school buses, including costs associated with the supporting infrastruc-
    33  ture.
    34    §  8.  Section 58-0901 of the environmental conservation law, as added
    35  by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
    36  read as follows:
    37  § 58-0901. Allocation of moneys.
    38    Of the moneys received by the state from the sale of bonds pursuant to
    39  the environmental bond act of 2022 for disbursements for  state  assist-
    40  ance  for  water quality improvement projects as defined by title one of
    41  this article, not less than [five] six  hundred  fifty  million  dollars
    42  [($550,000,000)]  ($650,000,000)  shall  be  available for water quality
    43  improvement projects developed  pursuant  to  section  58-0903  of  this
    44  title.  Not less than two hundred million dollars ($200,000,000) of this
    45  amount shall be available for wastewater infrastructure projects  under-
    46  taken  pursuant  to  the New York state water infrastructure improvement
    47  act of 2017 pursuant to  paragraph  e  of  subdivision  one  of  section
    48  58-0903  of  this  title,  and  not  less than [one] two   hundred fifty
    49  million dollars [($100,000,000)] ($250,000,000) shall be  available  for
    50  municipal stormwater projects pursuant to paragraph a of subdivision one
    51  of section 58-0903 of this title.
    52    § 9. Section 58-1101 and subdivision 1 of section 58-1103 of the envi-
    53  ronmental  conservation law, as added by section 1 of part UU of chapter
    54  59 of the laws of 2021, are amended to read as follows:
    55  § 58-1101. Benefits of funds.

        S. 8008--C                         46                         A. 9008--C
 
     1    The department shall make every effort  practicable  to  [ensure  that
     2  thirty-five]  achieve a goal that forty percent of the funds pursuant to
     3  this article benefit [environmental justice] disadvantaged  communities;
     4  however,  disadvantaged  communities  shall receive no less than thirty-
     5  five percent of the benefit of the funds pursuant to this article.
     6    1.  No  later  than  sixty days following the end of each fiscal year,
     7  each department, agency, public benefit corporation, and public authori-
     8  ty receiving an allocation or allocations of appropriation financed from
     9  the [restore mother nature] clean water, clean air, and green jobs envi-
    10  ronmental bond act of 2022 shall submit to the commissioner in a  manner
    11  and  form  prescribed by the department, the following information as of
    12  March thirty-first of such fiscal year, within each category  listed  in
    13  this  title:  the  total  appropriation; total commitments; year-to-date
    14  disbursements; remaining uncommitted balances; and a description of each
    15  project.
    16    § 9-a. Article 58 of the environmental conservation law is amended  by
    17  adding a new title 13 to read as follows:
    18                                  TITLE 13
    19                               LABOR STANDARDS
    20  Section 58-1301. Labor standards.
    21  § 58-1301. Labor standards.
    22    1.  Projects  funded pursuant to this article shall require compliance
    23  with prevailing wage requirements pursuant to section two hundred twenty
    24  of the labor law.
    25    2. Any state entity or municipality  receiving  at  least  twenty-five
    26  million  dollars  ($25,000,000)  from  funds  allocated pursuant to this
    27  article for  a  project  costing  greater  than  fifty  million  dollars
    28  ($50,000,000)  shall require use of apprenticeship agreements as defined
    29  by article twenty-three of the labor law.
    30    3. (a) Any state entity or municipality receiving at least twenty-five
    31  million dollars ($25,000,000) from  funds  allocated  pursuant  to  this
    32  article  for  a project which involves the construction, reconstruction,
    33  alteration, maintenance, moving, demolition, excavation, development  or
    34  other  improvement  of any building, structure or land, shall be subject
    35  to section two hundred twenty-two of the labor law.
    36    (b) Any privately owned project receiving funds allocated pursuant  to
    37  this  title  which  utilizes  a  project labor agreement on such project
    38  shall not be subject to article eight of the labor law.
    39    4. If determined  applicable,  a  municipality  or  state  entity  may
    40  require  that the private owner of a project, or a third party acting on
    41  the owner's behalf, enter into a labor peace agreement with at least one
    42  bona fide labor organization either: (a)  where  such  bona  fide  labor
    43  organization is actively representing non-construction employees; or (b)
    44  upon  notice  by  a  bona  fide labor organization that is attempting to
    45  represent non-construction  employees.  For  purposes  of  this  section
    46  "labor  peace  agreement" means an agreement between an entity and labor
    47  organization that, at a minimum, protects the state's proprietary inter-
    48  ests by prohibiting labor organizations and  members  from  engaging  in
    49  picketing,  work  stoppages,  boycotts, and any other economic interfer-
    50  ence.
    51    5.(a) Any municipality or state entity, or a  third  party  acting  on
    52  behalf  and for the benefit of the municipality or state entity, in each
    53  contract for construction, reconstruction, alteration, repair,  improve-
    54  ment or maintenance of a project receiving funds under this article that
    55  is  a  public work, shall ensure that such contract contains a provision
    56  that the structural iron and structural steel used or  supplied  in  the

        S. 8008--C                         47                         A. 9008--C
 
     1  performance  of  the  contract  or  any  subcontract thereto and that is
     2  permanently incorporated into the public work, shall be produced or made
     3  in whole or substantial part in the United States,  its  territories  or
     4  possessions.  In the case of a structural iron or structural steel prod-
     5  uct, all manufacturing must take place in the United  States,  from  the
     6  initial melting stage through the application of coatings, except metal-
     7  lurgical  processes involving the refinement of steel additives. For the
     8  purposes of this subdivision, "permanently incorporated" shall  mean  an
     9  iron  or steel product that is required to remain in place at the end of
    10  the project contract, in a fixed location, affixed to the public work to
    11  which it was incorporated. Iron and steel products that are  capable  of
    12  being  moved  from  one location to another are not permanently incorpo-
    13  rated into a public work.
    14    (b) The provisions of paragraph (a)  of  this  subdivision  shall  not
    15  apply  if  the  head  of  the  department,  agency,  or municipal entity
    16  constructing the public work, in his or her sole discretion,  determines
    17  that the provisions would not be in the public interest, would result in
    18  unreasonable  costs,  or that obtaining such steel or iron in the United
    19  States would increase the  cost  of  the  contract  by  an  unreasonable
    20  amount,  or  such iron or steel, including without limitation structural
    21  iron and structural steel, cannot be produced  or  made  in  the  United
    22  States  in  sufficient and reasonably available quantities and of satis-
    23  factory quality.
    24    § 10. Section 97-tttt of the state finance law, as added by section  2
    25  of  part  UU  of  chapter  59 of the laws of 2021, is amended to read as
    26  follows:
    27    § 97-tttt. [Restore mother nature] Clean water, clean air,  and  green
    28  jobs  bond  fund. 1. There is hereby established in the joint custody of
    29  the state comptroller and the commissioner of  taxation  and  finance  a
    30  special  fund  to  be known as the "[restore mother nature] clean water,
    31  clean air, and green jobs bond fund".
    32    2. The state  comptroller  shall  deposit  into  the  [restore  mother
    33  nature]  clean  water,  clean  air,  and green jobs bond fund all moneys
    34  received by the state from the sale  of  bonds  and/or  notes  for  uses
    35  eligible  pursuant  to  section  four of the clean water, clean air, and
    36  green jobs environmental bond act of 2022 ["restore mother nature"].
    37    3. Moneys in the [restore mother nature] clean water, clean  air,  and
    38  green  jobs  bond  fund,  following appropriation by the legislature and
    39  allocation by the director of the budget, shall be  available  only  for
    40  reimbursement  of expenditures made from appropriations from the capital
    41  projects fund for the purpose  of  the  [restore  mother  nature]  clean
    42  water,  clean  air,  and green jobs bond fund, as set forth in the clean
    43  water, clean  air,  and  green  jobs  environmental  bond  act  of  2022
    44  ["restore mother nature"].
    45    4. No moneys received by the state from the sale of bonds and/or notes
    46  sold  pursuant  to  the  clean water, clean air, and green jobs environ-
    47  mental bond act of 2022 ["restore mother nature"] shall be expended  for
    48  any  project  until  funds  therefor have been allocated pursuant to the
    49  provisions of this section and copies of the appropriate certificates of
    50  approval filed with the chair of the senate finance committee, the chair
    51  of the assembly ways and means committee and the state comptroller.
    52    § 11. Subdivision 32 of section 61 of the state finance law, as  added
    53  by section 3 of part UU of chapter 59 of the laws of 2021, is amended to
    54  read as follows:
    55    32.  Thirty  years.  For the payment of "[restore mother nature] clean
    56  water, clean air, and  green  jobs"  projects,  as  defined  in  article

        S. 8008--C                         48                         A. 9008--C
 
     1  fifty-eight  of the environmental conservation law and undertaken pursu-
     2  ant to a chapter of the laws of two thousand  twenty-one,  enacting  and
     3  constituting  the  clean  water, clean air, and green jobs environmental
     4  bond  act  of  2022  ["restore  mother  nature"]. Thirty years for flood
     5  control infrastructure, other environmental infrastructure, wetland  and
     6  other  habitat restoration, water quality projects, acquisition of land,
     7  including acquisition of real property, and renewable  energy  projects.
     8  Notwithstanding  the  foregoing,  for the purposes of calculating annual
     9  debt service, the state comptroller shall apply a weighted average peri-
    10  od of probable life of [restore mother nature] clean water,  clean  air,
    11  and  green  jobs  projects,  including any other works or purposes to be
    12  financed with state debt. Weighted average period of probable life shall
    13  be determined by computing the sum of the products derived  from  multi-
    14  plying  the  dollar value of the portion of the debt contracted for each
    15  work or purpose (or class of works or purposes) by the probable life  of
    16  such  work  or  purpose (or class of works or purposes) and dividing the
    17  resulting sum by the dollar value of the entire debt after  taking  into
    18  consideration any original issue premium or discount.
    19    §  12. Section 5 of part UU of chapter 59 of the laws of 2021 amending
    20  the environmental conservation law and the state finance law relating to
    21  the implementation of the environmental bond act of 2022 "restore mother
    22  nature", is amended to read as follows:
    23    § 5. This act shall take effect only in the event that  section  1  of
    24  part  TT  of  the  chapter of the laws of 2021 enacting the clean water,
    25  clean air, and green jobs environmental bond act of 2022 ["restore moth-
    26  er nature"] is submitted to the people at the  general  election  to  be
    27  held  in  November  2022 and is approved by a majority of all votes cast
    28  for and against it at such election. Upon such approval, this act  shall
    29  take effect immediately; provided that the commissioner of environmental
    30  conservation  shall notify the legislative bill drafting commission upon
    31  the occurrence of the enactment of section 1 of part TT of  the  chapter
    32  of  the laws of 2021 enacting the clean water, clean air, and green jobs
    33  environmental bond act of 2022 ["restore mother nature"], in order  that
    34  the  commission  may maintain an accurate and timely effective data base
    35  of the official text of the laws of the state of New York in furtherance
    36  of effectuating the provisions of section 44 of the legislative law  and
    37  section  70-b  of  the  public  officers law. Effective immediately, the
    38  addition, amendment, and/or repeal of any rule or  regulation  necessary
    39  for the implementation of the foregoing sections of this act are author-
    40  ized [and directed] to be made and completed on or before such effective
    41  date.
    42    §  13.  This act shall take effect immediately; provided, however that
    43  sections one, two, three, four, five, six, seven, eight,  nine,  nine-a,
    44  ten and eleven of this act shall take effect on the same date and in the
    45  same manner as part UU of chapter 59 of the laws of 2021, takes effect.
 
    46                                   PART PP
 
    47    Section 1.  Subdivision (a) of section 1421 of the tax law, as amended
    48  by  section  4 of part OOO of chapter 59 of the laws of 2019, is amended
    49  to read as follows:
    50    (a) From the taxes, interest and penalties  attributable  to  the  tax
    51  imposed  pursuant  to  section fourteen hundred two of this article, the
    52  amount of one hundred ninety-nine million three hundred thousand dollars
    53  shall be deposited by the comptroller in  the  environmental  protection
    54  fund  established  pursuant to section ninety-two-s of the state finance

        S. 8008--C                         49                         A. 9008--C
 
     1  law for the fiscal year beginning April first, two  thousand  nine;  the
     2  amount  of  one  hundred  nineteen  million one hundred thousand dollars
     3  shall be deposited in such fund for  the  fiscal  year  beginning  April
     4  first,  two  thousand ten; the amount of two hundred fifty-seven million
     5  three hundred fifty thousand dollars shall be deposited into  such  fund
     6  for  the fiscal year beginning April first, two thousand twenty-two; and
     7  for each fiscal year thereafter. On or  before  June  twelfth,  nineteen
     8  hundred ninety-five and on or before the twelfth day of each month ther-
     9  eafter  (excepting the first and second months of each fiscal year), the
    10  comptroller shall deposit into such fund from the  taxes,  interest  and
    11  penalties  collected  pursuant  to  such section fourteen hundred two of
    12  this article which have been deposited and remain to  the  comptroller's
    13  credit  in  the  banks, banking houses or trust companies referred to in
    14  section one hundred seventy-one-a of this chapter at the close of  busi-
    15  ness  on  the  last  day of the preceding month, an amount equal to one-
    16  tenth of the annual amount required to be deposited in such fund  pursu-
    17  ant  to  this  section  for  the  fiscal  year  in which such deposit is
    18  required to be made. In the event such amount  of  taxes,  interest  and
    19  penalties  so  remaining  to  the  comptroller's credit is less than the
    20  amount required to be deposited in such  fund  by  the  comptroller,  an
    21  amount  equal  to  the  shortfall shall be deposited in such fund by the
    22  comptroller with subsequent deposits, as soon as the revenue  is  avail-
    23  able.  Beginning  April  first, nineteen hundred ninety-seven, the comp-
    24  troller shall transfer monthly to the clean water/clean air fund  estab-
    25  lished  pursuant  to  section ninety-seven-bbb of the state finance law,
    26  all moneys remaining from such taxes, interest and  penalties  collected
    27  that are not required for deposit in the environmental protection fund.
    28    § 2. This act shall take effect immediately.
 
    29                                   PART QQ
 
    30    Section  1. Subdivisions 1, 2, 3 and 7 of section 24-0105 of the envi-
    31  ronmental conservation law, as added by chapter 614 of the laws of 1975,
    32  subdivision 7 as renumbered by chapter 654 of  the  laws  of  1977,  are
    33  amended to read as follows:
    34    1.  The  freshwater  wetlands  of the state of New York are invaluable
    35  resources for flood protection, wildlife habitat,  open  space,  climate
    36  change  mitigation through the accumulation and storage of large amounts
    37  of carbon, and water resources.
    38    2. Considerable acreage of freshwater wetlands in  the  state  of  New
    39  York  has  been  lost,  despoiled  or  impaired by unregulated draining,
    40  dredging, filling,  excavating,  building,  pollution  or  other  [acts]
    41  activities  inconsistent  with  the  natural  uses of such areas. [Other
    42  freshwater] Freshwater wetlands are in jeopardy of being lost, despoiled
    43  or impaired by such [unrelated  acts]  activities  and  because  of  the
    44  recent curtailment of federal wetland protections.
    45    3.  Recurrent  flooding aggravated or caused by the loss of freshwater
    46  wetlands has serious effects upon natural  ecosystems  and  communities.
    47  The  increasing  severity  and duration of storm-related flooding due to
    48  climate change, which has caused billions of dollars of property  damage
    49  across  the  state,  makes  protection of all freshwater wetlands in the
    50  state of vital importance.
    51    7. Any loss of freshwater wetlands deprives the people of the state of
    52  some or all of the  many  and  multiple  benefits  to  be  derived  from
    53  wetlands, to wit:

        S. 8008--C                         50                         A. 9008--C
 
     1    (a)  flood  and storm control by the hydrologic absorption and storage
     2  capacity of freshwater wetlands;
     3    (b)  wildlife  habitat  by  providing  breeding,  nesting  and feeding
     4  grounds and cover for many forms of wildlife, wildfowl  and  shorebirds,
     5  including  migratory wildfowl and rare, endangered or threatened species
     6  [such as the bald eagle and  osprey],  fish,  reptiles  and  amphibians,
     7  insects and other invertebrates;
     8    (c)  protection  of subsurface water resources and provision for valu-
     9  able watersheds and recharging ground water supplies;
    10    (d) recreation by  providing  areas  for  hunting,  fishing,  boating,
    11  hiking, bird watching, photography, camping and other uses;
    12    (e)  pollution  treatment by serving as biological and chemical oxida-
    13  tion basins and carbon sinks;
    14    (f) erosion control by serving as sedimentation  areas  and  filtering
    15  basins,  absorbing  silt  and organic matter and protecting channels and
    16  harbors;
    17    (g) education and scientific research by providing readily  accessible
    18  outdoor  bio-physical  laboratories, living classrooms and vast training
    19  and education resources; [and]
    20    (h) open space and aesthetic appreciation by providing often the  only
    21  remaining  open areas along crowded river fronts and coastal Great Lakes
    22  regions; [and]
    23    (i) sources of nutrients in freshwater food cycles and nursery grounds
    24  and sanctuaries for freshwater fish[.];
    25    (j) preservation of plant species that are rare, endangered or threat-
    26  ened, or exploitably vulnerable as defined in  section  9-1503  of  this
    27  chapter; and
    28    (k)  preservation of communities of plants and animals that are deemed
    29  by the commissioner to be rare in the state or in a region of the state.
    30    § 2. The opening paragraph and paragraphs (c) and (d)  of  subdivision
    31  1,  and  subdivisions 2, 3 and 8 of section 24-0107 of the environmental
    32  conservation law, as amended by chapter 654 of the  laws  of  1977,  are
    33  amended and two new subdivisions 9 and 10 are added to read as follows:
    34    "Freshwater wetlands" means lands and waters of the state [as shown on
    35  the  freshwater wetlands map], that are not tidal wetlands as defined in
    36  subdivision one of section 25-0103 of this chapter, that have an area of
    37  at least twelve and four-tenths acres or, if less than twelve and  four-
    38  tenths  acres  in size, are of unusual importance, and which contain any
    39  or all of the following:
    40    (c) lands and waters substantially enclosed by aquatic or semi-aquatic
    41  vegetation as set forth in paragraph (a) of this subdivision or by  dead
    42  vegetation  as set forth in paragraph (b) of this subdivision, the regu-
    43  lation of which is necessary to protect and  preserve  the  aquatic  and
    44  semi-aquatic vegetation; and
    45    (d) the waters overlying the areas set forth in paragraphs (a) and (b)
    46  of  this  subdivision  and  the  lands  underlying paragraph (c) of this
    47  subdivision.
    48    2. "Freshwater wetlands map" shall mean a map [promulgated]  developed
    49  by  the  department pursuant to section 24-0301 of this article on which
    50  are indicated the boundaries  of  any  freshwater  wetlands.  Freshwater
    51  wetland  maps  depict  the  approximate location of wetlands and are not
    52  necessarily determinative as to whether a permit is required pursuant to
    53  section 24-0701 of this article.
    54    3. "Boundaries of a freshwater wetland" shall mean the outer limit  of
    55  the vegetation specified in paragraphs (a) and (b) of subdivision one of

        S. 8008--C                         51                         A. 9008--C
 
     1  this  section  [24-0107]  and of the lands and waters specified in para-
     2  graph (c) of such subdivision.
     3    8.  "Pollution" shall mean the presence in the environment of [man-in-
     4  duced] human-induced conditions, or contaminants in quantities or  char-
     5  acteristics  which  are or may be injurious to human, plant or wildlife,
     6  or other animal life or to property.
     7    9. "Unusual importance" shall mean a freshwater wetland, regardless of
     8  size, that possesses one or more of  the  following  characteristics  as
     9  determined by the department pursuant to regulations:
    10    (a)  it  is  located  in  a watershed that has experienced significant
    11  flooding in the past, or is expected to experience significant  flooding
    12  in the future from severe storm events related to climate change;
    13    (b)  it  is located within or adjacent to an urban area, as defined by
    14  the United States census bureau;
    15    (c) it contains a plant species occurring in  fewer  than  thirty-five
    16  sites  statewide  or  having fewer than five thousand individuals state-
    17  wide;
    18    (d) it contains habitat for an essential behavior of an endangered  or
    19  threatened  species  or  a  species  of special concern as defined under
    20  section 11-0535 of this chapter or  listed  as  a  species  of  greatest
    21  conservation need in New York's wildlife action plan;
    22    (e) it is classified by the department as a Class I wetland;
    23    (f)  it  was  previously  classified and mapped by the department as a
    24  wetland of unusual local importance;
    25    (g) it is a vernal pool that is known to be productive  for  amphibian
    26  breeding;
    27    (h)  it  is  located  in  an area designated as a floodway on the most
    28  current Digital Flood Insurance Rate Map (DFIRM) produced by the Federal
    29  Emergency Management Agency;
    30    (i) it was previously mapped by the department  as  a  wetland  on  or
    31  before December thirty-first, two thousand twenty-four;
    32    (j)  it has wetland functions and values that are of local or regional
    33  significance; or
    34    (k) it is determined by the commissioner to be of  significant  impor-
    35  tance to protecting the state's water quality.
    36    10.  "Delineation"  shall mean a precise representation of a regulated
    37  freshwater wetland as defined in subdivision one of this section.
    38    § 3. Subdivisions 1, 2, 3, 4 and 5 of section 24-0301 of the  environ-
    39  mental conservation law are REPEALED.
    40    §  4.  Subdivisions 6, 7 and 8 of section 24-0301 of the environmental
    41  conservation law, subdivision 6 as amended by chapter 16 of the laws  of
    42  2010  and subdivision 7 as amended and subdivision 8 as added by chapter
    43  654 of the laws of 1977, are amended and three new subdivisions 4, 5 and
    44  6 are added to read as follows:
    45    [6.] 1. Except as  provided  in  subdivision  [eight]  three  of  this
    46  section, the commissioner shall supervise the maintenance of [such boun-
    47  dary]  freshwater  wetlands maps, which shall be available to the public
    48  for inspection and examination at the regional office of the  department
    49  in which the wetlands are wholly or partly located [and in the office of
    50  the clerk of each county in which each such wetland or a portion thereof
    51  is  located]  on  the  department's website. Digital files of freshwater
    52  wetland maps may also be made available, upon request, to the  clerk  of
    53  each  county,  city,  town,  or  village in which each such wetland or a
    54  portion thereof is located.   The  commissioner  may  readjust  the  map
    55  [thereafter  to  clarify  the boundaries of the wetlands, to correct any
    56  errors on the map, to  effect  any  additions,  deletions  or  technical

        S. 8008--C                         52                         A. 9008--C

     1  changes  on the map, and to reflect changes as have occurred as a result
     2  of the granting of permits pursuant to section 24-0703 of this  article,
     3  or  natural  changes which may have occurred through erosion, accretion,
     4  or  otherwise.  Notice  of  such readjustment shall be given in the same
     5  manner as set forth in subdivision five of this section for the  promul-
     6  gation  of  final  freshwater  wetlands  maps.  In addition, at the time
     7  notice is provided pursuant to subdivision five  of  this  section,  the
     8  commissioner  shall  update  any  digital image of the map posted on the
     9  department's website to reflect such readjustment] at any time  to  more
    10  accurately  depict the approximate location of wetlands, provided howev-
    11  er, that a description of such changes shall be made  available  on  the
    12  department's website along with the date such changes were made.
    13    [7.]  2.  Except  as  provided  in  subdivision  [eight] three of this
    14  section, the commissioner may, upon  [his]  their  own  initiative,  and
    15  shall,  upon  a  written  request by a landowner whose land or a portion
    16  thereof may be included within a wetland, or upon the written request of
    17  another person or persons or an official body whose interests are  shown
    18  to  be  affected,  cause  to be delineated [more precisely] the boundary
    19  line or lines of a freshwater wetland or a portion thereof.  [Such  more
    20  precise delineation of a freshwater wetland boundary line or lines shall
    21  be of appropriate scale and sufficient clarity to permit the ready iden-
    22  tification  of  individual  buildings and of other major man-made struc-
    23  tures or facilities or significant geographical features with respect to
    24  the boundary of any freshwater wetland.] The commissioner  shall  under-
    25  take to delineate the boundary of a particular wetland or wetlands, or a
    26  particular  part  of  the  boundary  thereof  only upon a showing by the
    27  applicant therefor of good cause for such [more precise] delineation and
    28  the establishment of such [more precise] line.   Such delineation  shall
    29  be  effective  for  a period of five years from the date of such deline-
    30  ation.
    31    [8.] 3. The supervision of the maintenance of any freshwater  wetlands
    32  map  or  portion  thereof  applicable  to wetlands within the Adirondack
    33  park, the readjustment and precise delineation of wetland boundary lines
    34  and the other functions and  duties  ascribed  to  the  commissioner  by
    35  subdivisions  [six  and  seven]  one  and  two  of this section shall be
    36  performed by the Adirondack park agency,  which  shall  make  such  maps
    37  available  for public inspection and examination at its headquarters and
    38  on the agency's website.
    39    4. There is a rebuttable presumption   that    mapped    and  unmapped
    40  areas  meeting    the definition of a freshwater wetland in this article
    41  are regulated and  subject  to  permit  requirements.  This  presumption
    42  may  be  rebutted  by  presenting information to the department that the
    43  area does not meet the definition contained in this article.  A  wetland
    44  delineation  by the department, or a verification by the department of a
    45  wetland delineation by another party, is required to  identify the regu-
    46  lated freshwater wetland boundary in a particular location.
    47    5. By January 1, 2025, in addition to any ongoing aerial  photography,
    48  soil  surveys  or field verifications being conducted by the department,
    49  the department shall accept information from federal government sources,
    50  other state sources, local governments, colleges, universities, environ-
    51  mental organizations or other private agencies, regarding  the  location
    52  of freshwater wetlands.
    53    6. By January 1, 2025, the department shall make educational materials
    54  available  on  its website to inform landowners and local governments of
    55  the process for determining how to identify freshwater wetlands.

        S. 8008--C                         53                         A. 9008--C
 
     1    § 5. Subdivisions 1 and 4 of  section  24-0501  of  the  environmental
     2  conservation  law,  as  amended  by chapter 654 of the laws of 1977, are
     3  amended to read as follows:
     4    1.  On  or  after  September 1, 1975, each local government may adopt,
     5  amend, and[, upon the filing  of  the  appropriate  freshwater  wetlands
     6  map,]  implement  a  freshwater  wetlands protection law or ordinance in
     7  accordance with this article to be applicable to all freshwater wetlands
     8  wholly or partially within  its  jurisdiction.  No  freshwater  wetlands
     9  protection law or ordinance adopted by a county pursuant to this section
    10  shall  be  applicable within the boundaries of any city, town or village
    11  which has adopted  and  is  implementing  a  local  freshwater  wetlands
    12  protection law or ordinance consistent with this article.
    13    4. [If a city, town or village fails to adopt and implement a freshwa-
    14  ter wetlands protection law or ordinance in accordance with this article
    15  by  the  date  the  applicable  freshwater  wetlands map is filed by the
    16  department or by September 1, 1977, whichever  is  later,  it  shall  be
    17  deemed to have transferred the function to the county in accordance with
    18  section  24-0503.  If the county fails within ninety days after the date
    19  of filing of the applicable freshwater wetlands map or  after  September
    20  1,  1977,  whichever  is  later,  to  adopt  and  implement a freshwater
    21  wetlands protection law or ordinance in accordance with this article, it
    22  shall be deemed to have transferred the  function  to  the  department.]
    23  Within   thirty  days  after  the  adoption  of  a  freshwater  wetlands
    24  protection law or ordinance pursuant to this article, the local  govern-
    25  ment  shall  notify  the department thereof, under such terms and condi-
    26  tions as the department may prescribe, together with its  technical  and
    27  administrative  capacity  to  administer  the  act.  Failure  of a local
    28  government to give such notice shall constitute a transfer  of  function
    29  pursuant to this subdivision and section 24-0503 of this article.
    30    § 6. Section 24-0507 of the environmental conservation law, as amended
    31  by section 42 of part D of chapter 60 of the laws of 2012, is amended to
    32  read as follows:
    33  § 24-0507. Reservation of local jurisdiction.
    34    1.  Except  as  provided  in this article, jurisdiction over all areas
    35  which would qualify as freshwater wetlands [except  that  they  are  not
    36  designated  as  such  on the freshwater wetlands map pursuant to section
    37  24-0301 of this article because they are] less  than  twelve  and  four-
    38  tenths  acres  in  size  and  are  not  of unusual [local] importance is
    39  reserved to the city, town or  village  in  which  they  are  wholly  or
    40  partially  located,  and the implementation of this article with respect
    41  thereto is the responsibility of said city, town or village, in  accord-
    42  ance  with section 24-0501 and title twenty-three of article seventy-one
    43  of this chapter, except that a city, town or village in the exercise  of
    44  its powers under this section, shall not be subject to the provisions of
    45  subdivision  four  of  section  24-0501,  subdivisions  two and three of
    46  section 24-0503, or section 24-0505 of this article.
    47    2. The department shall consult with any city, town, or  village  that
    48  exercises its powers under this section for the protection of freshwater
    49  wetlands.
    50    §  7.  Subdivisions  1  and  4 of section 24-0701 of the environmental
    51  conservation law, subdivision 1 as amended by chapter 654 of the laws of
    52  1977 and subdivision 4 as amended by chapter 697 of the  laws  of  1979,
    53  are amended to read as follows:
    54    1.  [After  issuance  of  the  official freshwater wetlands map of the
    55  state, or of any selected section or region  thereof,  any]  Any  person
    56  desiring  to conduct activities on freshwater wetlands [as so designated

        S. 8008--C                         54                         A. 9008--C

     1  thereon any of the regulated activities set forth in subdivision two  of
     2  this  section],  or  the  regulated areas adjacent to these wetlands set
     3  forth  in subdivision  two  of  this  section, must obtain a  permit  as
     4  provided in this title.
     5    4.  [The] On lands in active agricultural use or silviculture use, the
     6  activities of farmers and other landowners in grazing and watering live-
     7  stock, making reasonable use  of  water  resources,  harvesting  natural
     8  products  of  the wetlands, selectively cutting timber, draining land or
     9  wetlands for growing agricultural products and otherwise engaging in the
    10  use of wetlands or other land for growing agricultural products shall be
    11  excluded from regulated activities and shall not require a permit  under
    12  subdivision  one  [hereof]  of  this section, except that structures not
    13  required for enhancement or maintenance of the agricultural productivity
    14  of the land and any filling activities shall not be excluded  hereunder,
    15  and  provided  that  the use of land [designated as a freshwater wetland
    16  upon the freshwater wetlands map at the  effective  date  thereof]  that
    17  meets  the definition of a freshwater wetland in section 24-0107 of this
    18  article for uses other than those referred to in this subdivision  shall
    19  be  subject  to the provisions of this article.  All activities on lands
    20  that meet the definition of a freshwater wetland shall be subject to the
    21  provisions of this article once agricultural or silviculture  activities
    22  cease.
    23    §  8.  Subdivision 5 of section 24-0703 of the environmental conserva-
    24  tion law, as amended by section 38 of part D of chapter 60 of  the  laws
    25  of 2012, is amended to read as follows:
    26    5.  [Prior to the promulgation of the final freshwater wetlands map in
    27  a particular area  and  the  implementation  of  a  freshwater  wetlands
    28  protection  law  or  ordinance,  no person shall conduct, or cause to be
    29  conducted, any activity for which a permit  is  required  under  section
    30  24-0701 of this title on any freshwater wetland unless he has obtained a
    31  permit from the commissioner under this section.] Any person may inquire
    32  of  the  department as to whether or not a given parcel of land [will be
    33  designated] includes a freshwater wetland subject  to  regulation  or  a
    34  regulated  freshwater wetland adjacent area. The department shall give a
    35  definite answer in writing within [thirty] ninety days of  such  request
    36  as to [whether] the status of such parcel [will or will not be so desig-
    37  nated]  and  whether  a  permit  is  required for the proposed activity,
    38  provided that the person has a delineation verified  by  the  department
    39  and  site-specific  development plans.  Provided that, in the event that
    40  weather or ground conditions prevent the department from making a deter-
    41  mination within [thirty] ninety days, it may extend such period until  a
    42  determination  can  be  made.  Such  answer  in the affirmative shall be
    43  reviewable; such an answer in the negative shall be a  complete  defense
    44  to the enforcement of this article as to such parcel of land for a peri-
    45  od  of  five  years  from  the  date  the department issues the negative
    46  answer. [The commissioner may by regulation adopted after public hearing
    47  exempt categories or classes of wetlands or individual wetlands which he
    48  determines not to be critical to the furtherance  of  the  policies  and
    49  purposes of this article.]
    50    §  9.  Subdivision 1 of section 24-0705 of the environmental conserva-
    51  tion law, as amended by chapter 654 of the laws of 1977, is  amended  to
    52  read as follows:
    53    1.  In  granting, denying or limiting any permit, the local government
    54  or the commissioner shall consider the effect of the  proposed  activity
    55  with  reference  to the public health and welfare, climate change, fish-
    56  ing, flood, hurricane and storm dangers, and protection  or  enhancement

        S. 8008--C                         55                         A. 9008--C
 
     1  of  the  several  functions  of the freshwater wetlands and the benefits
     2  derived therefrom which are set forth in section 24-0103 of  this  arti-
     3  cle.  The  effects  of  the proposed activity shall be considered by the
     4  department  or  a  local government, as the case may be, irrespective of
     5  political boundaries.
     6    § 10.  Subdivision 1 of section 24-0901 of the environmental conserva-
     7  tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
     8  read as follows:
     9    1.  [Upon  completion of the freshwater wetlands map, the] The commis-
    10  sioner shall confer with local government officials in each  region  [in
    11  which  the  inventory has been conducted] to establish a program for the
    12  protection of the freshwater wetlands of the state.
    13    § 11. Subdivisions 1 and 5 of section  24-0903  of  the  environmental
    14  conservation  law,  as  added  by  chapter  614 of the laws of 1975, are
    15  amended to read as follows:
    16    1. [Upon completion of the freshwater wetlands map of the state, or of
    17  any selected section or region  thereof,  the]  The  commissioner  shall
    18  [proceed  to]  classify  freshwater  wetlands  [so  designated  thereon]
    19  according  to their most appropriate uses, in light of  the  values  set
    20  forth  in  section 24-0105 of this article and the present conditions of
    21  such wetlands. The  commissioner  shall  determine  what  uses  of  such
    22  wetlands  are most compatible with the foregoing and shall prepare mini-
    23  mum land use regulations to permit only such compatible uses. The  clas-
    24  sifications  may cover freshwater wetlands in more than one governmental
    25  subdivision.  Permits pursuant to section 24-0701 of  this  article  are
    26  required whether or not a classification has been promulgated.
    27    5.  Prior to the adoption of any land use regulations governing fresh-
    28  water wetlands, the commissioner shall hold a public hearing thereon  in
    29  the area in which the affected freshwater wetlands are located, and give
    30  fifteen days prior notice thereof by posting on the department's website
    31  or  by  publication  at  least once in a newspaper having general circu-
    32  lation in the area of the local government  involved.  The  commissioner
    33  shall  promulgate  the  regulations [within thirty days of such hearing]
    34  and post such order on the department's website or  publish  such  order
    35  [at least once] in a newspaper having general circulation in the area of
    36  the  local  government  affected and make such plan available for public
    37  inspection and review[; such order shall not take  effect  until  thirty
    38  days after the filing thereof with the clerk of the county in which such
    39  wetland is located].
    40    §  12. Section 24-1305 of the environmental conservation law, as added
    41  by chapter 771 of the laws of 1976, is amended to read as follows:
    42  § 24-1305. Applicability.
    43    The provisions of this article  shall  not  apply  to  any  land  use,
    44  improvement  or  development  for  which  final approval shall have been
    45  obtained prior to the effective date of  this  article  from  the  local
    46  governmental authority or authorities having jurisdiction over such land
    47  use. As used in this section, the term "final approval" shall mean[:
    48    (a)  in the case of the subdivision of land, conditional approval of a
    49  final plat as the term is defined in section two hundred seventy-six  of
    50  the  town  law, and approval as used in section 7-728 of the village law
    51  and section thirty-two of the general cities law;
    52    (b) in the case of a site plan not involving the subdivision of  land,
    53  approval by the appropriate body or office of a city, village or town of
    54  the site plan; and
    55    (c)  in  those cases not covered by subdivision (a) or (b) above,] the
    56  issuance of a building permit or other authorization for  the  commence-

        S. 8008--C                         56                         A. 9008--C
 
     1  ment  of  the  use,  improvement or development for which such permit or
     2  authorization was issued or in those  local  governments  which  do  not
     3  require  such  permits or authorizations, the actual commencement of the
     4  use, improvement or development of the land.
     5    §  13. Paragraph b of subdivision 1 of section 54-1523 of the environ-
     6  mental conservation law, as added by section 5 of part U of  chapter  58
     7  of the laws of 2016, is amended to read as follows:
     8    b.  nature-based  solutions  such  as  wetland  protections, including
     9  mapping and restoration of  freshwater  wetlands,  to  address  physical
    10  climate risk due to sea level rise, and/or storm surges and/or flooding,
    11  based  on  available  data  predicting  the likelihood of future extreme
    12  weather events, including hazard risk analysis data if applicable;
    13    § 14. Subdivision 8 of section 70-0117 of the environmental  conserva-
    14  tion law, as added by section 1 of part AAA of chapter 59 of the laws of
    15  2009, is amended to read as follows:
    16    8.  (a)  All  persons  required to obtain a permit from the department
    17  pursuant to section 24-0701 of this chapter shall submit to the  depart-
    18  ment an application fee in an amount not to exceed the following:
    19    (i)  [fifty]  one  hundred dollars per application for a [permit for a
    20  minor project as defined in this article or] modification to any  exist-
    21  ing permit issued pursuant to section 24-0701 of this chapter;
    22    (ii) [fifty] three hundred dollars per application for [a permit for a
    23  residential  project  defined  as associated with] one new single family
    24  dwelling and customary appurtenances thereto;
    25    (iii) [one] five hundred dollars  per  application  for  multiple  new
    26  single family dwellings, or a new multiple family dwelling and customary
    27  appurtenances thereto;
    28    (iv)  [two] one thousand dollars per application for new commercial or
    29  industrial structures or improvements;
    30     (v) one hundred dollars per application for a permit  for  any  other
    31  project as defined in this article.
    32    (b) All persons required to obtain a permit from the department pursu-
    33  ant to section 25-0402 of this chapter shall submit to the department an
    34  application fee in an amount not to exceed the following:
    35    (i)  [two]  three  hundred  dollars per application for a permit for a
    36  minor project as defined in this article or modification to any existing
    37  permit issued pursuant to section 25-0402 of this chapter;
    38    (ii) [nine hundred] two thousand dollars per application for  subdivi-
    39  sion of land or new commercial or industrial structures or improvements;
    40    (iii)  one thousand dollars per application for a permit for a project
    41  as defined in this article.
    42    (c) [All fees] Fees collected pursuant to [this] paragraph (a) of this
    43  subdivision shall be deposited [into the environmental  protection  fund
    44  pursuant to section ninety-two-s of the state finance law] to the credit
    45  of  the  conservation  fund. Fees collected pursuant to paragraph (b) of
    46  this subdivision  shall  be  deposited  to  the  credit  of  the  marine
    47  resources account of the conservation fund.
    48    (d) Application fees required pursuant to this subdivision will not be
    49  required for any state department.
    50    §  15.  Subdivisions  1  and 2 of section 71-2303 of the environmental
    51  conservation law, as amended by chapter 99 of  the  laws  of  2010,  are
    52  amended to read as follows:
    53    1. [Administrative] Civil sanctions. a. Any person who violates, diso-
    54  beys or disregards any provision of article twenty-four, including title
    55  five and section 24-0507 thereof or any rule or regulation, local law or
    56  ordinance,  permit  or order issued pursuant thereto, shall be liable to

        S. 8008--C                         57                         A. 9008--C
 
     1  the people of the state for a civil penalty  of  not  to  exceed  eleven
     2  thousand dollars for every such violation, to be assessed, after a hear-
     3  ing  or  opportunity  to be heard upon due notice and with the rights to
     4  specification of the charges and representation by counsel at such hear-
     5  ing,  by  the commissioner or local government or in an action initiated
     6  by the attorney general pursuant to section 71-2305 of this title or  on
     7  the  attorney general's own initiative.  Each violation shall be a sepa-
     8  rate and distinct violation and, in the case of a continuing  violation,
     9  each  day's  continuance thereof shall be deemed a separate and distinct
    10  violation. Such penalty assessed by the commissioner or local government
    11  may be recovered in an action brought by the  attorney  general  at  the
    12  request  and  in the name of the commissioner or local government in any
    13  court of competent jurisdiction. Such civil penalty may be  released  or
    14  compromised  by  the  commissioner or local government before the matter
    15  has been referred to the attorney general; and  where  such  matter  has
    16  been  referred to the attorney general, any such penalty may be released
    17  or compromised and any action commenced  to  recover  the  same  may  be
    18  settled and discontinued by the attorney general with the consent of the
    19  commissioner or local government. In addition, the commissioner or local
    20  government  shall  have  power,  following a hearing held in conformance
    21  with the procedures set forth in section 71-1709  of  this  article,  to
    22  direct the violator to cease [his violation of] violating the act and to
    23  restore  the  affected  freshwater wetland to its condition prior to the
    24  violation, insofar as that is possible  within  a  reasonable  time  and
    25  under  the supervision of the commissioner or local government. Any such
    26  order of the commissioner or local government shall be enforceable in an
    27  action brought by the attorney general at the request and in the name of
    28  the commissioner or local government in any court of competent jurisdic-
    29  tion.  Any civil penalty or order issued by the  commissioner  or  local
    30  government  pursuant  to  this  subdivision  shall  be  reviewable  in a
    31  proceeding pursuant to article seventy-eight of the civil  practice  law
    32  and rules.
    33    b. Upon determining that significant damage to the functions and bene-
    34  fits of a freshwater  wetland is occurring or is imminent as a result of
    35  any  violation of article twenty-four of this chapter, including but not
    36  limited to (i) activity taking place requiring a  permit  under  article
    37  twenty-four  of this chapter but for which no permit has been granted or
    38  (ii) failure on the part of a permittee to adhere to permit  conditions,
    39  the  commissioner  or  local  government  shall have power to direct the
    40  violator to cease and desist from violating the act.  In such cases  the
    41  violator shall be provided an opportunity to be heard within ten days of
    42  receipt of the notice to cease and desist.
    43    2.  Criminal sanctions. Any person who violates any provision of arti-
    44  cle twenty-four of this chapter, including any rule or regulation, local
    45  law or ordinance, permit or order issued  pursuant  thereto,  shall,  in
    46  addition,  for the first offense, be guilty of a violation punishable by
    47  a fine of not less than two thousand nor more than [four] five  thousand
    48  dollars;  for a second and each subsequent offense he shall be guilty of
    49  a misdemeanor punishable by a fine of not less than  four  thousand  nor
    50  more  than [seven] ten thousand dollars or a term of imprisonment of not
    51  less than fifteen days nor more than six months or both. [Instead of] In
    52  addition to these punishments, any offender may be punishable  by  being
    53  ordered by the court to restore the affected freshwater wetland or adja-
    54  cent  area  to  its  condition  prior to the offense, insofar as that is
    55  possible. The court shall specify a reasonable time for  the  completion
    56  of  such  restoration,  which shall be effected under the supervision of

        S. 8008--C                         58                         A. 9008--C
 
     1  the commissioner or local government.  Each offense shall be a  separate
     2  and  distinct  offense  and,  in  the case of a continuing offense, each
     3  day's continuance thereof  shall  be  deemed  a  separate  and  distinct
     4  offense.
     5    §  16. Subdivision 1 of section 71-2305 of the environmental conserva-
     6  tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
     7  read as follows:
     8    1.  The  attorney  general,  upon  [his]  their own initiative or upon
     9  complaint of the  commissioner  or  local  government,  shall  prosecute
    10  persons  alleged to have violated [any such order of the commissioner or
    11  local government pursuant to] article twenty-four of this chapter.
    12    § 17. The opening paragraph of subdivision 1 of section 24-0107 of the
    13  environmental conservation law, as amended by section two of  this  act,
    14  is amended to read as follows:
    15    "Freshwater  wetlands"  means  lands and waters of the state, that are
    16  not tidal wetlands as defined in subdivision one of section  25-0103  of
    17  this  chapter,  that  have  an area of at least [twelve] seven and four-
    18  tenths acres or, if less than [twelve] seven and  four-tenths  acres  in
    19  size,  are  of  unusual  importance, and which contain any or all of the
    20  following:
    21    § 18. Subdivision 1 of section 24-0507 of the environmental  conserva-
    22  tion  law,  as amended by section six of this act, is amended to read as
    23  follows:
    24    1. Except as provided in this article,  jurisdiction  over  all  areas
    25  which  would qualify as freshwater wetlands less than [twelve] seven and
    26  four-tenths acres in size and are not of unusual importance is  reserved
    27  to  the  city,  town  or  village  in which they are wholly or partially
    28  located, and the implementation of this article with respect thereto  is
    29  the  responsibility  of  said  city, town or village, in accordance with
    30  section 24-0501 and title twenty-three of article  seventy-one  of  this
    31  chapter,  except  that  a  city,  town or village in the exercise of its
    32  powers under this section, shall not be subject  to  the  provisions  of
    33  subdivision  four  of  section  24-0501,  subdivisions  two and three of
    34  section 24-0503, or section 24-0505 of this article.
    35    § 19. This act shall take effect immediately, provided, however,  that
    36  section fourteen of this act shall take effect January 1, 2023, sections
    37  two,  three,  four,  five,  six, seven, eight, nine, and ten of this act
    38  shall take effect January 1, 2025, and sections seventeen  and  eighteen
    39  of  this  act  shall take effect January 1, 2028. Effective immediately,
    40  the addition, amendment and/or repeal of any rule or  regulation  neces-
    41  sary  for  the  implementation  of  this  act  on its effective date are
    42  authorized to be made and completed on or before such effective date.
 
    43                                   PART RR
 
    44                            Intentionally Omitted
 
    45                                   PART SS
 
    46                            Intentionally Omitted
 
    47                                   PART TT
 
    48                            Intentionally Omitted

        S. 8008--C                         59                         A. 9008--C
 
     1                                   PART UU
 
     2    Section  1.    Paragraph  h of subdivision 1 of section 17-1909 of the
     3  environmental conservation law, as added by chapter 565 of the  laws  of
     4  1989, is amended to read as follows:
     5    h.  "Municipality"  means  any  county,  city, town, village, district
     6  corporation, county or town improvement district, school district, Indi-
     7  an reservation wholly within New York state, any public  benefit  corpo-
     8  ration  or public authority established pursuant to the laws of New York
     9  or any agency of New York state which  is  empowered  to  construct  and
    10  operate  an  eligible project, or any two or more of the foregoing which
    11  are acting jointly in connection with an eligible project.
    12    § 2. This act shall take effect immediately.
 
    13                                   PART VV
 
    14                            Intentionally Omitted
 
    15                                   PART WW
 
    16    Section 1. Subdivision 3 of section 2251 of the  vehicle  and  traffic
    17  law,  as  amended  by  section  5 of part G of chapter 59 of the laws of
    18  2009, is amended to read as follows:
    19    3. Fees. The triennial fee for registration  of  a  vessel  shall  be:
    20  twenty-two  dollars  and  fifty  cents  [and a vessel surcharge of three
    21  dollars and seventy-five cents,] if less than sixteen  feet  in  length;
    22  forty-five  dollars  [and a vessel surcharge of twelve dollars and fifty
    23  cents,] if sixteen feet or over but less than twenty-six feet in length;
    24  seventy-five dollars [and a vessel surcharge  of  eighteen  dollars  and
    25  seventy-five cents,] if twenty-six feet or over. [All funds derived from
    26  the  collection of the vessel access surcharge pursuant to this subdivi-
    27  sion are to be deposited in a subaccount of the "I  love  NY  waterways"
    28  vessel access account established pursuant to section ninety-seven-nn of
    29  the  state finance law. The vessel access surcharge shall not be consid-
    30  ered a registration fee for purposes of section  seventy-nine-b  of  the
    31  navigation law.
    32  Notwithstanding  any inconsistent provision of this section, the differ-
    33  ence collected between the fees set forth in this subdivision in  effect
    34  on  and  after September first, two thousand nine and the fees set forth
    35  in this subdivision prior to such date shall be deposited to the  credit
    36  of  the  dedicated  highway  and  bridge trust fund. Notwithstanding any
    37  inconsistent provision of this section, the difference collected between
    38  the vessel surcharge set forth in this  subdivision  in  effect  on  and
    39  after  September  first,  two thousand nine and the vessel surcharge set
    40  forth in this subdivision in effect prior to such date shall be deposit-
    41  ed to the credit of the dedicated highway and bridge trust fund.]
    42    § 2. Subdivision 2 of section 97-nn of the state finance law, as added
    43  by chapter 524 of the laws of 2008, is amended to read as follows:
    44    2. The "I love NY waterways" fund shall consist of [two accounts: (a)]
    45  the "I love NY waterways" boating safety account[; and (b) the  "I  love
    46  NY  waterways"  vessel  access  account. Moneys in each account shall be
    47  kept separate and not commingled with any other moneys of the state].
    48    § 3. Subdivision 4 of section 97-nn  of  the  state  finance  law,  as
    49  amended by chapter 524 of laws of 2008, is REPEALED.

        S. 8008--C                         60                         A. 9008--C
 
     1    §  4.  This act shall take effect immediately; provided, however, that
     2  sections two and three of this act shall take effect April 1, 2024.
 
     3                                   PART XX
 
     4    Section  1.  Section  15-2115 of the environmental conservation law is
     5  amended to read as follows:
     6  § 15-2115. Taxation of real estate.
     7    Lands owned by the state and acquired pursuant to  the  provisions  of
     8  title  21 of this article, exclusive of the improvements erected thereon
     9  by the regulating districts, shall be assessed and  taxed  in  the  same
    10  manner as state lands subject to taxation pursuant to title 2 of article
    11  5  of  the  Real Property Tax Law, provided, however, that the aggregate
    12  assessed valuations of such lands in any town shall not be reduced below
    13  the aggregate assessed valuations thereof with the improvements  thereon
    14  at  the  time  of  their  acquisition  by  the regulating districts, and
    15  provided further that in case of a general increase  in  assessments  in
    16  any  town  the  assessed valuations of the lands and improvements at the
    17  time of their acquisition by the regulating districts shall be deemed to
    18  have been increased proportionately with  the  increase  of  other  real
    19  property  in  such tax district. [The taxes levied thereon shall be paid
    20  by the river regulating district under  whose  authority  the  land  was
    21  acquired.]
    22    §  2.  Section 532 of the real property tax law is amended by adding a
    23  new subdivision (l) to read as follows:
    24    (l) lands owned by the state and acquired pursuant to  the  provisions
    25  of title twenty-one of article fifteen of the environmental conservation
    26  law  exclusive  of the improvements erected thereon erected by the regu-
    27  lating districts.
    28    § 3. This act shall take effect immediately.
 
    29                                   PART YY
 
    30    Section 1. Subdivision 6 of section 5.09 of the parks, recreation  and
    31  historic preservation law is REPEALED.
    32    §  2.  Section 7.11 of the parks, recreation and historic preservation
    33  law, as amended by chapter 679 of the laws of 1981, is amended  to  read
    34  as follows:
    35    §  7.11  Powers and duties of commissions.  Each regional park, recre-
    36  ation and historic preservation commission shall:
    37    1. [Review the application of policy and plans of the  office  to  the
    38  park  region  served by the commission and review and approve the budget
    39  for such region prior to its submission to the commissioner.
    40    2. Adopt policies, rules and regulations applicable to its park region
    41  subject to the general  policies  formulated  by  the  commissioner  and
    42  reviewed  by  the  council  and in conformity with rules and regulations
    43  adopted by the commissioner.
    44    3.] Act as a central advisory agency on all matters  affecting  parks,
    45  outdoor  recreation  and historic preservation within the park region it
    46  serves.
    47    [4.] 2. Represent and convey to the commissioner and  council  citizen
    48  viewpoints as to the programs and needs of the park region it serves.
    49    [5.]  3.  Maintain  close  liaison with officials of the office having
    50  administrative jurisdiction over the park region which  it  serves,  and
    51  advise  such  officials  on  local  policy,  operational  and  budgetary
    52  matters.

        S. 8008--C                         61                         A. 9008--C
 
     1    § 3. Section 7.13 of the parks, recreation and  historic  preservation
     2  law is REPEALED.
     3    § 4. This act shall take effect immediately.

     4                                   PART ZZ
 
     5                            Intentionally Omitted
 
     6                                  PART AAA
 
     7    Section  1.  Expenditures  of  moneys  by  the  New  York state energy
     8  research and development authority for  services  and  expenses  of  the
     9  energy   research,  development  and  demonstration  program,  including
    10  grants, the energy policy and planning program, the zero emissions vehi-
    11  cle and electric vehicle rebate program, and the Fuel NY  program  shall
    12  be  subject  to  the  provisions  of this section.   Notwithstanding the
    13  provisions of subdivision 4-a of section 18-a of the public service law,
    14  all moneys committed or expended in an amount not to exceed  $22,875,000
    15  shall  be  reimbursed by assessment against gas corporations, as defined
    16  in subdivision 11 of section 2 of the public service  law  and  electric
    17  corporations  as  defined  in  subdivision 13 of section 2 of the public
    18  service law, where such gas corporations and electric corporations  have
    19  gross  revenues from intrastate utility operations in excess of $500,000
    20  in the preceding calendar year, and the total amount assessed  shall  be
    21  allocated to each electric corporation and gas corporation in proportion
    22  to  its  intrastate  electricity  and  gas revenues in the calendar year
    23  2020. Such  amounts  shall  be  excluded  from  the  general  assessment
    24  provisions  of  subdivision 2 of section 18-a of the public service law.
    25  The chair of the public service commission shall bill  such  gas  and/or
    26  electric  corporations for such amounts on or before August 10, 2022 and
    27  such amounts shall be paid to the New York  state  energy  research  and
    28  development authority on or before September 10, 2022. Upon receipt, the
    29  New  York  state energy research and development authority shall deposit
    30  such funds in the energy research and development operating fund  estab-
    31  lished  pursuant  to section 1859 of the public authorities law. The New
    32  York state energy research and development authority is  authorized  and
    33  directed to: (1) transfer up to $4 million to the state general fund for
    34  climate  change related services and expenses of the department of envi-
    35  ronmental conservation, $150,000 to the state general fund for  services
    36  and   expenses  of  the  department  of  agriculture  and  markets,  and
    37  $1,000,000 to the University of Rochester laboratory for laser  energet-
    38  ics  from the funds received; and (2) commencing in 2016, provide to the
    39  chair of the public service commission and the director  of  the  budget
    40  and  the chairs and secretaries of the legislative fiscal committees, on
    41  or before August first of each year, an itemized  record,  certified  by
    42  the  president  and  chief executive officer of the authority, or his or
    43  her designee, detailing any and all expenditures and commitments ascrib-
    44  able to moneys received as a result of this assessment by the  chair  of
    45  the  department of public service pursuant to section 18-a of the public
    46  service law.  This itemized record shall include an  itemized  breakdown
    47  of the programs being funded by this section and the amount committed to
    48  each  program.  The  authority shall not commit for any expenditure, any
    49  moneys derived from the assessment provided for in this  section,  until
    50  the  chair  of  such authority shall have submitted, and the director of
    51  the budget shall have approved, a comprehensive  financial  plan  encom-

        S. 8008--C                         62                         A. 9008--C
 
     1  passing  all  moneys  available  to  and all anticipated commitments and
     2  expenditures by such authority from any source  for  the  operations  of
     3  such  authority.    Copies  of the approved comprehensive financial plan
     4  shall  be  immediately  submitted  by the chair to the chairs and secre-
     5  taries of the legislative fiscal committees. Any such amount not commit-
     6  ted by such authority to contracts or contracts to be awarded or  other-
     7  wise  expended by the authority during the fiscal year shall be refunded
     8  by such authority on a pro-rata basis to such gas and/or electric corpo-
     9  rations, in a manner to  be  determined  by  the  department  of  public
    10  service,  and  any  refund  amounts  must be explicitly lined out in the
    11  itemized record described above.
    12    § 2. This act shall take effect immediately and  shall  be  deemed  to
    13  have been in full force and effect on and after April 1, 2022.
 
    14                                  PART BBB
 
    15    Section  1.  Expenditures  of  moneys appropriated in a chapter of the
    16  laws of 2022 to the department  of  agriculture  and  markets  from  the
    17  special  revenue  funds-other/state  operations,  miscellaneous  special
    18  revenue fund-339,  public  service  account  shall  be  subject  to  the
    19  provisions  of  this section. Notwithstanding any other provision of law
    20  to the contrary, direct and indirect expenses relating to the department
    21  of  agriculture  and  markets'  participation  in   general   ratemaking
    22  proceedings  pursuant to section 65 of the public service law or certif-
    23  ication proceedings pursuant to article 7 or 10 of  the  public  service
    24  law, shall be deemed expenses of the department of public service within
    25  the  meaning  of  section  18-a of the public service law. No later than
    26  August 15, 2023, the commissioner of the department of  agriculture  and
    27  markets  shall submit an accounting of such expenses, including, but not
    28  limited to, expenses in the 2022--2023 state fiscal  year  for  personal
    29  and  non-personal  services  and  fringe  benefits,  to the chair of the
    30  public service  commission  for  the  chair's  review  pursuant  to  the
    31  provisions of section 18-a of the public service law.
    32    §  2.  Expenditures of moneys appropriated in a chapter of the laws of
    33  2022 to  the  department  of  state  from  the  special  revenue  funds-
    34  other/state  operations,  miscellaneous special revenue fund-339, public
    35  service account shall be subject to  the  provisions  of  this  section.
    36  Notwithstanding  any  other provision of law to the contrary, direct and
    37  indirect expenses relating  to  the  activities  of  the  department  of
    38  state's  utility  intervention unit pursuant to subdivision 4 of section
    39  94-a of the executive law, including, but not limited  to  participation
    40  in  general  ratemaking proceedings pursuant to section 65 of the public
    41  service law or certification proceedings pursuant to article 7 or 10  of
    42  the  public  service  law, and expenses related to the activities of the
    43  major renewable energy development program established by  section  94-c
    44  of  the  executive  law,  shall  be deemed expenses of the department of
    45  public service within the meaning of section 18-a of the public  service
    46  law.  No later than August 15, 2023, the secretary of state shall submit
    47  an  accounting of such expenses, including, but not limited to, expenses
    48  in the 2022--2023  state  fiscal  year  for  personal  and  non-personal
    49  services and fringe benefits, to the chair of the public service commis-
    50  sion  for  the chair's review pursuant to the provisions of section 18-a
    51  of the public service law.
    52    § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
    53  2022  to  the office of parks, recreation and historic preservation from
    54  the special revenue funds-other/state operations, miscellaneous  special

        S. 8008--C                         63                         A. 9008--C
 
     1  revenue  fund-339,  public  service  account  shall  be  subject  to the
     2  provisions of this section. Notwithstanding any other provision  of  law
     3  to  the contrary, direct and indirect expenses relating to the office of
     4  parks,  recreation  and historic preservation's participation in general
     5  ratemaking proceedings pursuant to section 65 of the public service  law
     6  or  certification  proceedings pursuant to article 7 or 10 of the public
     7  service law, shall be  deemed  expenses  of  the  department  of  public
     8  service within the meaning of section 18-a of the public service law. No
     9  later  than  August  15,  2023, the commissioner of the office of parks,
    10  recreation and historic preservation shall submit an accounting of  such
    11  expenses,  including,  but  not  limited  to, expenses in the 2022--2023
    12  state fiscal year for personal  and  non-personal  services  and  fringe
    13  benefits,  to the chair of the public service commission for the chair's
    14  review pursuant to the provisions of section 18-a of the public  service
    15  law.
    16    §  4.  Expenditures of moneys appropriated in a chapter of the laws of
    17  2022 to the department of environmental conservation  from  the  special
    18  revenue funds-other/state operations, environmental conservation special
    19  revenue  fund-301,  utility  environmental  regulation  account shall be
    20  subject to the provisions of this  section.  Notwithstanding  any  other
    21  provision  of law to the contrary, direct and indirect expenses relating
    22  to the department of environmental conservation's participation in state
    23  energy policy proceedings,  or  certification  proceedings  pursuant  to
    24  article  7  or 10 of the public service law, shall be deemed expenses of
    25  the department of public service within the meaning of section  18-a  of
    26  the  public service law. No later than August 15, 2023, the commissioner
    27  of the department of environmental conservation shall submit an account-
    28  ing of such expenses, including, but not limited  to,  expenses  in  the
    29  2022--2023  state fiscal year for personal and non-personal services and
    30  fringe benefits, to the chair of the public service commission  for  the
    31  chair's  review pursuant to the provisions of section 18-a of the public
    32  service law.
    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  2023, the commissioner of the  department  of  health  shall  submit  an
    39  accounting  of expenses in the 2022--2023 state fiscal year to the chair
    40  of the public service commission for the chair's review pursuant to  the
    41  provisions of section 217 of the public service law.
    42    §  6.  Any  expense  deemed to be expenses of the department of public
    43  service pursuant to sections one through four of this act shall  not  be
    44  recovered  through  assessments  imposed  upon telephone corporations as
    45  defined in subdivision 17 of section 2 of the public service law.
    46    § 7. This act shall take effect immediately and  shall  be  deemed  to
    47  have  been in full force and effect on and after April 1, 2022 and shall
    48  expire and be deemed repealed April 1, 2023.
 
    49                                  PART CCC
 
    50                            Intentionally Omitted
 
    51                                  PART DDD

        S. 8008--C                         64                         A. 9008--C
 
     1                            Intentionally Omitted
 
     2                                  PART EEE
 
     3                            Intentionally Omitted
 
     4                                  PART FFF

     5    Section  1.  Section  1005 of the public authorities law is amended by
     6  adding a new subdivision 29 to read as follows:
     7    29. (a) Notwithstanding any other provision of law, the  authority  is
     8  authorized,  as  deemed feasible and advisable by the trustees, to enter
     9  into lease agreements with other state instrumentalities  and  municipal
    10  entities  for  the use of excess capacity in the authority's fiber optic
    11  communications infrastructure to provide affordable,  high-speed  broad-
    12  band in unserved and underserved communities in the state.
    13    (b)  Any excess fiber optic communication infrastructure leased out by
    14  the authority to a state instrumentality or municipal entity pursuant to
    15  paragraph (a) of this subdivision shall be at a rate that is no  greater
    16  than  necessary  to  cover  the  cost of maintenance of such fiber optic
    17  communications infrastructure, provided that this  paragraph  shall  not
    18  limit  the  authority from recovering other costs it incurs to make such
    19  excess capacity available in unserved and underserved communities in the
    20  state.
    21    (c) Lease agreements authorized pursuant  to  paragraph  (a)  of  this
    22  subdivision  shall  allow  for further sublease agreements between state
    23  instrumentalities and municipal entities and internet service  providers
    24  for  the  use  of such fiber optic communications infrastructure for the
    25  purpose of providing affordable, high-speed broadband  in  unserved  and
    26  underserved communities in the state.
    27    (d)  Lease  agreements  authorized  pursuant  to paragraph (a) of this
    28  subdivision, and sublease agreements authorized  pursuant  to  paragraph
    29  (c)  of  this subdivision, shall be subject to review and comment by the
    30  division of broadband access within the empire state development  corpo-
    31  ration in consultation with the public service commission.
    32    (e)  Nothing  in  this  subdivision  is  intended to limit, impair, or
    33  affect the legal authority of the  authority  that  existed  as  of  the
    34  effective date of this subdivision.
    35    §  2.  This  act  shall take effect immediately and shall be deemed to
    36  have been in full force and effect on and after April 1, 2022.
 
    37                                  PART GGG
 
    38    Section 1. Paragraph (d) of subdivision 5 of section 502 of the  vehi-
    39  cle  and  traffic  law,  as added by chapter 618 of the laws of 2021, is
    40  amended to read as follows:
    41    (d) (i) The commissioner shall not issue a class A commercial driver's
    42  license to a person who  is  eighteen,  nineteen  or  twenty  years  old
    43  unless,  in  addition  to  meeting the requirements of this chapter with
    44  respect to the issuance of commercial  driver's  licenses,  such  person
    45  submits [acceptable], in a form prescribed by the commissioner, proof of
    46  successful  completion  of the commercial driver's license (CDL) class A
    47  young adult training program established [by the commissioner of  trans-
    48  portation  pursuant to subdivision thirty-six of section fourteen of the

        S. 8008--C                         65                         A. 9008--C

     1  transportation law,] pursuant to subparagraph (ii) of this paragraph and
     2  proof of completion of the minimum hours of supervised driving  required
     3  by  such  [subdivision]  subparagraph.   The commissioner shall place an
     4  "intrastate only" restriction on any class A commercial driver's license
     5  issued  to  a  person  who is eighteen, nineteen or twenty years old and
     6  such restriction shall remain until such person turns  twenty-one  years
     7  of age.
     8    (ii) The commissioner, in consultation with the commissioner of trans-
     9  portation,  shall  establish and implement a commercial driver's license
    10  (CDL) class A young adult training  program  for  young  adult  class  A
    11  commercial  driver's license applicants.  The commissioner shall provide
    12  for the requirements and criteria of such training program  which  shall
    13  include  the  entry-level driver training requirements prescribed by the
    14  federal motor carrier safety administration under appendices A, C, D and
    15  E of part 380 of title 49 of the code of federal regulations, as may  be
    16  amended  from time to time, and include no less than three hundred hours
    17  of behind-the-wheel training under the immediate supervision and control
    18  of an experienced driver.  For purposes of this paragraph, the following
    19  terms shall have the following meanings:
    20    (A) "Young adult" shall mean an individual who is  eighteen,  nineteen
    21  or twenty years old.
    22    (B) "Experienced driver" shall mean an individual who:
    23    (1) is not less than twenty-one years of age;
    24    (2)  holds  a  valid  class A commercial driver's license which is not
    25  suspended, revoked or cancelled pursuant to the provisions of this chap-
    26  ter or rules and regulations promulgated thereunder and  has  held  such
    27  commercial driver's license for at least two years;
    28    (3)  has  not,  for at least a one-year period: been the operator of a
    29  motor vehicle involved in an accident reportable to  the  federal  motor
    30  carrier  safety  administration,  or  been  the operator of a commercial
    31  motor vehicle involved in an accident reportable to the commissioner, or
    32  been convicted of a serious traffic violation, or been convicted of  any
    33  violation  of  title  VII  of  this  chapter  for which the commissioner
    34  assesses points, or been disqualified from operating a commercial  motor
    35  vehicle  pursuant  to  this chapter or rules and regulations promulgated
    36  thereunder; and
    37    (4) has a minimum of one year of experience driving,  in  commerce,  a
    38  commercial  motor  vehicle  which  can  only  be operated with a class A
    39  commercial driver's license.
    40    (C) "Serious traffic violation" shall have the same  meaning  as  such
    41  term  is  defined  in  subdivision four of section five hundred ten-a of
    42  this chapter.
    43    § 2.  Subdivision 36 of section 14 of the transportation law, as added
    44  by chapter 618 of the laws of 2021, is REPEALED.
    45    § 3. This act shall be deemed repealed if any  federal  agency  deter-
    46  mines  in  writing  that this act would render New York state ineligible
    47  for the receipt of federal funds or any court of competent  jurisdiction
    48  finally  determines  that  this  act  would render New York state out of
    49  compliance with federal law or regulation.
    50    § 4. Severability. If any clause,  sentence,  subdivision,  paragraph,
    51  section or part of this act be adjudged by any court of competent juris-
    52  diction to be invalid, such judgment shall not affect, impair or invali-
    53  date  the  remainder  thereof, but shall be confined in its operation to
    54  the clause, sentence, subdivision, paragraph, section  or  part  thereof
    55  directly  involved  in the controversy in which such judgment shall have
    56  been rendered.

        S. 8008--C                         66                         A. 9008--C

     1    § 5. This act shall take effect on the  same  date  and  in  the  same
     2  manner  as  chapter  618 of the laws of 2021 takes effect; provided that
     3  the commissioner of motor vehicles shall  notify  the  legislative  bill
     4  drafting  commission  upon  the  occurrence  of  the  repeal of this act
     5  provided  for  in section three of this act in order that the commission
     6  may maintain an accurate and timely effective data base of the  official
     7  text of the laws of the state of New York in furtherance of effectuating
     8  the  provisions of section 44 of the legislative law and section 70-b of
     9  the public officers law.
 
    10                                  PART HHH
 
    11    Section 1. Paragraph (a) of subdivision 1 of section 16-n of section 1
    12  of chapter 174 of the laws of 1968 constituting the New York state urban
    13  development corporation act, as added by section 2 of part C-2 of  chap-
    14  ter  109  of  the laws of 2006, is amended and three new paragraphs (d),
    15  (e) and (f) are added to read as follows:
    16    (a) For the purposes of this section "deconstruction" shall  mean  the
    17  careful  disassembly  of  buildings of architectural or historic signif-
    18  icance with the intent to  rehabilitate,  reconstruct  the  building  or
    19  salvage the material disassembled from the building[;].
    20    (d)  For  the  purposes  of this section "municipality" shall mean any
    21  county, city, town or village within the state of  New  York,  except  a
    22  city  having a population of one million or more, unless such area is in
    23  a distressed community as defined in paragraph (c) of subdivision six of
    24  this section.
    25    (e) For the purposes of  this  section  "residential  apartment  unit"
    26  shall  mean a multiple dwelling consisting of one or more rooms contain-
    27  ing at least one bathroom, which room or rooms  are  separated  and  set
    28  apart from all other rooms within a multiple dwelling.
    29    (f)  For the purposes of this section "affordable housing units" shall
    30  mean permanent housing that is affordable to  low-  and  moderate-income
    31  households,  such  that  the new housing achieves income averaging at or
    32  below fifty percent of the area median income, with residents' eligibil-
    33  ity capped at a maximum of eighty percent of the area median  income  at
    34  the start of their lease.
    35    §  2.  Subdivisions 3, 4 and 5 of section 16-n of section 1 of chapter
    36  174 of the laws of 1968 constituting the New York state  urban  develop-
    37  ment  corporation  act, as added by section 2 of part C-2 of chapter 109
    38  of the laws of 2006, are amended to read as follows:
    39    3. Property assessment list.  To be eligible for  the  demolition  and
    40  deconstruction  program  or  rehabilitation  and  reconstruction program
    41  assistance, as  established  in  subdivisions  four  and  five  of  this
    42  section,  municipalities  shall  conduct  an assessment of vacant, aban-
    43  doned, surplus or condemned buildings in communities within their juris-
    44  diction.  Such real property may include [both] residential real proper-
    45  ty, residential apartment units and commercial real  properties.    Such
    46  properties  shall  be  selected  for  the  purpose of revitalizing urban
    47  centers or rural areas, encouraging commercial investment [and],  adding
    48  value  to  the  municipal  housing  stock,  and increasing the amount of
    49  affordable housing units available to low-  and  moderate-income  house-
    50  holds.  The  property assessment list shall be organized to indicate the
    51  location, size, whether the building is residential  or  commercial  and
    52  whether the building will be demolished, deconstructed, rehabilitated or
    53  reconstructed.    Such  properties  shall  be published in a local daily
    54  newspaper for no less than three consecutive days.    Additionally,  the

        S. 8008--C                         67                         A. 9008--C
 
     1  municipality  shall conduct public hearings in the communities where the
     2  buildings are identified.
     3    4.  Demolition  and  deconstruction  program. Real property in need of
     4  demolition or deconstruction on the property assessment list may receive
     5  grants of up to [twenty] thirty thousand dollars  per  residential  real
     6  property.    The  corporation shall determine the cost of demolition and
     7  deconstruction of commercial properties on a per-square foot  basis  and
     8  establish  maximum  grant awards accordingly. The corporation shall also
     9  consider geographic differences in the cost  of  demolition  and  decon-
    10  struction in the establishment of maximum grant awards.
    11    5.  Rehabilitation  and reconstruction program.   (a) Real property in
    12  need of rehabilitation or reconstruction on the property assessment list
    13  may receive grants of up to one hundred fifty thousand dollars per resi-
    14  dential real property. Exclusive of such grant  of  up  to  one  hundred
    15  fifty  thousand  dollars for residential real property, individual resi-
    16  dential apartment units on the  property  assessment  list  may  receive
    17  grants  of up to seventy thousand dollars per unit. Nothing contained in
    18  this paragraph shall be construed to authorize grants for real  property
    19  and residential apartment units to be combined.
    20    (b) Provided, further, that a project for the rehabilitation or recon-
    21  struction  of real property pursuant to this subdivision for the purpose
    22  of creating affordable housing units shall  be  eligible  to  receive  a
    23  grant  of  up  to  one hundred fifty thousand dollars plus up to seventy
    24  thousand dollars per residential apartment unit.
    25    (c) The corporation shall determine the  cost  of  rehabilitation  and
    26  reconstruction  of  commercial properties on a per-square foot basis and
    27  establish maximum grant awards accordingly. The corporation  shall  also
    28  consider geographic differences in the cost of rehabilitation and recon-
    29  struction  in  the  establishment  of  maximum grant awards.   Provided,
    30  however, to the extent possible,  all  such  rehabilitation  and  recon-
    31  struction program real property shall be architecturally consistent with
    32  nearby  and  adjacent  properties or in a manner consistent with a local
    33  revitalization or urban development plan. Provided, further, such  grant
    34  may  be  used  for  site  development needs including but not limited to
    35  water, sewer and parking.
    36    § 3. Paragraphs (b) and (d)  of  subdivision  6  of  section  16-n  of
    37  section  1  of chapter 174 of the laws of 1968 constituting the New York
    38  state urban development corporation act, as added by section 2  of  part
    39  C-2 of chapter 109 of the laws of 2006, are amended to read as follows:
    40    (b)  Priority in granting such assistance shall be given to properties
    41  eligible under this section  that  have  approved  applications  or  are
    42  receiving grants pursuant to other state or federal redevelopment, reme-
    43  diation  or  planning  programs  including,  but  not limited to, to the
    44  brownfield opportunity areas program adopted pursuant to  section  970-r
    45  of  the general municipal law or [empire zone development plans pursuant
    46  to article 18-B] an investment zone designated pursuant to paragraph (i)
    47  of subdivision (a) or subdivision (d) of  section  958  of  the  general
    48  municipal law.
    49    (d)  A  municipality  that  is  granted  an award or awards under this
    50  section shall provide a  matching  contribution  of  no  less  than  ten
    51  percent of the aggregated award or awards amount. Such matching contrib-
    52  ution  may  be  in  the form of a financial and/or in kind contribution.
    53  Financial contributions may include grants from federal, state and local
    54  entities.  In kind contributions may include but shall not be limited to
    55  the efforts of municipalities to conduct an inventory and assessment  of
    56  vacant,  abandoned,  surplus, condemned, and deteriorated properties and

        S. 8008--C                         68                         A. 9008--C
 
     1  to manage and administer grants pursuant to subdivisions four  and  five
     2  of this section. A municipality that is granted an award or awards under
     3  this  section  shall make best efforts to ensure that minority-owned and
     4  women-owned business enterprises certified pursuant to article fifteen-A
     5  of  the  executive    law are given the opportunity for maximum feasible
     6  participation in any municipal contracting opportunities.
     7    § 4. This act shall take effect immediately.
 
     8                                  PART III
 
     9    Section 1. Subsection (a) of section 206 of the financial services law
    10  is amended to read as follows:
    11    (a) For each fiscal year commencing on or after April first, two thou-
    12  sand twelve, assessments to defray  operating  expenses,  including  all
    13  direct  and  indirect costs, of the department, except expenses incurred
    14  in the liquidation of banking organizations, shall be  assessed  by  the
    15  superintendent  in  accordance  with  this subsection. Persons regulated
    16  under the insurance law shall be assessed by the superintendent for  the
    17  operating  expenses  of  the  department that are solely attributable to
    18  regulating persons under the insurance  law,  which  shall  include  any
    19  expenses  that  were permissible to be assessed in fiscal year two thou-
    20  sand nine-two thousand ten, with the assessments allocated pro rata upon
    21  all domestic insurers and all licensed United States branches  of  alien
    22  insurers domiciled in this state within the meaning of paragraph four of
    23  subsection  (b)  of  section  seven  thousand  four hundred eight of the
    24  insurance law, in proportion to the  gross  direct  premiums  and  other
    25  considerations,  written  or  received  by them in this state during the
    26  calendar year ending December thirty-first immediately preceding the end
    27  of the fiscal year for which the assessment is made (less return  premi-
    28  ums  and  considerations thereon) for policies or contracts of insurance
    29  covering property or risks resident or located in this state  the  issu-
    30  ance  of  which policies or contracts requires a license from the super-
    31  intendent. Persons regulated under the banking law shall be assessed  by
    32  the superintendent for the operating expenses of the department that are
    33  solely  attributable to regulating persons under the banking law in such
    34  proportions as  the  superintendent  shall  deem  just  and  reasonable.
    35  Persons  regulated  under  this chapter that engage in "virtual currency
    36  business activity," as that term is defined by the department, shall  be
    37  assessed by the superintendent for the operating expenses of the depart-
    38  ment  that  are  solely  attributable to regulating such persons in such
    39  proportions as the superintendent shall deem just and reasonable.  Oper-
    40  ating  expenses  of  the  department  not covered by the assessments set
    41  forth above shall be assessed by the superintendent in such  proportions
    42  as  the  superintendent shall deem just and reasonable upon all domestic
    43  insurers and all licensed United States branches of alien insurers domi-
    44  ciled in this state within the meaning of paragraph four  of  subsection
    45  (b)  of  section seven thousand four hundred eight of the insurance law,
    46  and upon any regulated person under the banking law, other than mortgage
    47  loan originators, and upon persons regulated  under  this  chapter  that
    48  engage  in  virtual  currency  business  activity,  except  as otherwise
    49  provided by sections one hundred fifty-one and two hundred  twenty-eight
    50  of  the  workers' compensation law and by section sixty of the volunteer
    51  firefighters' benefit law. The provisions of this subsection  shall  not
    52  be  applicable  to  a  bank  holding company, as that term is defined in
    53  article three-A of the banking law. Persons regulated under the  banking
    54  law  will  not be assessed for expenses that the superintendent deems to

        S. 8008--C                         69                         A. 9008--C
 
     1  benefit solely persons regulated under the insurance law or  under  this
     2  chapter  that  engage in virtual currency business activity, and persons
     3  regulated under the insurance law will not be assessed for expenses that
     4  the  superintendent  deems to benefit solely persons regulated under the
     5  banking law or under this chapter that engage in virtual currency  busi-
     6  ness  activity.    Persons  regulated  under this chapter that engage in
     7  virtual currency business activity will not  be  assessed  for  expenses
     8  that  the superintendent deems to benefit solely persons regulated under
     9  the insurance law or under the banking law.
    10    § 2. Section 206 of the financial services law is amended by adding  a
    11  new subsection (d-1) to read as follows:
    12    (d-1)  The  expenses of every examination of the affairs of any person
    13  regulated pursuant to this chapter  that  engages  in  virtual  currency
    14  business  activity  shall  be  borne and paid by the regulated person so
    15  examined, but the superintendent, with the approval of the  comptroller,
    16  may  in  the superintendent's discretion for good cause shown remit such
    17  charges.
    18    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    19  have become a law. Effective immediately, the addition, amendment and/or
    20  repeal  of  any  rule  or regulation necessary for the implementation of
    21  this act on its effective date are authorized to be made  on  or  before
    22  such date.
 
    23                                  PART JJJ
 
    24    Section  1. The tax law is amended by adding a new section 180 to read
    25  as follows:
    26    § 180. Independent analysis. 1. The department shall contract with  an
    27  economic impact firm for the provision of an independent, comprehensive,
    28  analysis  of  each  tax  credit, tax deduction, and tax incentive estab-
    29  lished in this chapter or any other chapter of the law which relates  to
    30  increasing  economic  development including, but not necessarily limited
    31  to,  increasing  employment,  developing  the  state's  workforce,   and
    32  increasing  business  activity. Such analysis shall include the relevant
    33  programs run at the state  agency  level,  including  relevant  programs
    34  administered  by executive agencies, authorities, commissions, and other
    35  government run entities, and shall not include an analysis of individual
    36  private entities or individual taxpayers. Such analysis  shall  include,
    37  but  need  not  be limited to, a complete and thorough evaluation of the
    38  return on investment for each tax credit, tax deduction, and tax  incen-
    39  tive, the economic impact of each relevant program, including direct and
    40  indirect  benefits,  including  the creation of temporary project hires,
    41  the fiscal impact of each relevant program, including revenues  received
    42  and forgone by municipalities and New York state, as applicable. For the
    43  purposes  of this section, "return on investment" shall mean:  (a) total
    44  job creation, including temporary  project  hires  resulting  from  each
    45  project  supported  by  each  relevant  program,  and retained jobs; (b)
    46  whether the expenditures by the state on each tax credit, tax  deduction
    47  or  tax  incentive result in an increase or decrease in tax revenues for
    48  New York state municipalities, and New York state; (c)  other  estimated
    49  quantifiable economic benefits, including but not necessarily limited to
    50  personal  income;  indirect,  induced,  long  term,  and  temporary  job
    51  creation; and private investment for each tax credit, tax deduction  and
    52  tax  incentive;  (d)  whether similar job creation or private investment
    53  would have occurred without the existence of a state tax incentive;  and
    54  (e)  other  qualitative  economic benefits that improve the economy, and

        S. 8008--C                         70                         A. 9008--C
 
     1  provide opportunities for advancement for New York residents, including:
     2  (i) global media exposure; (ii) increased tourism attraction  and  posi-
     3  tioning  of  New  York as a destination, providing quality of life amen-
     4  ities  to  assist  with  community development, placemaking, positioning
     5  communities for  add-on  private  sector  investment,  making  New  York
     6  competitive  on  the  basis  of cost and other attraction amenities; and
     7  (iii) contributing to the positive  perception  of  the  state  and  its
     8  regions  to assist with business attraction and creating economic oppor-
     9  tunity for New Yorkers.
    10    2. Prior to the analysis pursuant to subdivision one of this  section,
    11  the  economic impact firm that the department contracts with may solicit
    12  input from leaders  in  the  business  community,  organized  labor  and
    13  economic development stakeholders, including, but not necessarily limit-
    14  ed  to representatives from nonprofits, academic institutions, and lead-
    15  ing New York state community development experts.
    16    3. Such analysis shall be completed and submitted to the department no
    17  later than January first, two thousand twenty-four and shall  be  posted
    18  publicly on the department's website within thirty days of submission to
    19  the  department.  The  analysis shall also be submitted to the governor,
    20  the temporary president of the senate, the speaker of the assembly,  and
    21  the  chair of the senate finance committee and the chair of the assembly
    22  ways and means committee.
    23    4. The economic impact firm providing the  department's  comprehensive
    24  analysis shall adhere to the requirements in this subdivision.  Notwith-
    25  standing  this subdivision, the department may contract with a firm upon
    26  a written determination by the commissioner which shall detail that such
    27  firm was awarded such contract on the  basis  that  no  firm  meets  the
    28  requirements set forth in this subdivision.
    29    (a) Such economic impact firm shall be prohibited from providing anal-
    30  ysis  services  to the department if the analysis partner having primary
    31  responsibility for the analysis, or the analysis partner responsible for
    32  reviewing the analysis, has performed analysis services for the  depart-
    33  ment in the past three fiscal years.
    34    (b)  Such economic impact firm shall be prohibited from performing any
    35  non-analysis services to the department contemporaneously with the anal-
    36  ysis, including: (i)  bookkeeping  or  other  services  related  to  the
    37  accounting  records  or  financial  statements  of such department; (ii)
    38  financial information systems design and implementation; (iii) appraisal
    39  or  valuation  services,  fairness  opinions,  or   contribution-in-kind
    40  reports;  (iv)  actuarial  services;  (v)  internal analysis outsourcing
    41  services; (vi) management functions or human services; (vii)  broker  or
    42  dealer,  investment  advisor, or investment banking services; and (viii)
    43  legal services and expert services unrelated to the analysis.
    44    (c) Such economic impact firm shall be prohibited from providing anal-
    45  ysis services to the department if an employee assigned to the  analysis
    46  has  performed analysis services for the department or has been employed
    47  by the department in the past three fiscal years.
    48    § 2. This act shall take effect immediately.
 
    49                                  PART KKK

    50    Section 1. Section 54-1523 of the environmental conservation  law,  as
    51  added  by  section  5 of part U of chapter 58 of the laws of 2016, para-
    52  graphs f and g of subdivision 1 as amended and paragraph h  of  subdivi-
    53  sion  1  as added by chapter 106 of the laws of 2019, is amended to read
    54  as follows:

        S. 8008--C                         71                         A. 9008--C
 
     1  § 54-1523. Climate adaptation and mitigation projects.
     2    1.  The  commissioner is authorized to provide on a competitive basis,
     3  within amounts appropriated, state assistance payments to a municipality
     4  toward the cost of any climate adaptation or mitigation  projects.  Such
     5  projects shall include:
     6    a.  the  construction  of natural resiliency measures, conservation or
     7  restoration of riparian areas and tidal marsh migration areas;
     8    b. nature-based solutions such as wetland protections to address phys-
     9  ical climate risk due to sea level  rise,  and/or  storm  surges  and/or
    10  flooding,  based  on  available data predicting the likelihood of future
    11  extreme weather events, including hazard risk analysis data if  applica-
    12  ble;
    13    c.  relocation  or  retrofit of facilities to address physical climate
    14  risk due to sea level rise, and/or storm surges and/or flooding based on
    15  available data predicting  the  likelihood  of  future  extreme  weather
    16  events, including hazard risk analysis data if applicable;
    17    d. flood risk reduction;
    18    e. greenhouse gas emission reductions outside the power sector;
    19    f.  enabling  communities  to become certified under the climate smart
    20  communities program, including by developing natural resources  invento-
    21  ries, right sizing of municipal fleets and developing climate adaptation
    22  strategies;
    23    g.  climate change adaptation planning and supporting studies, includ-
    24  ing but not limited to vulnerability assessment  and  risk  analysis  of
    25  municipal drinking water, wastewater, and transportation infrastructure;
    26  [and]
    27    h.  to  establish  and  implement  easily-replicated  renewable energy
    28  projects, including solar arrays, heat pumps and wind turbines in public
    29  low-income housing in suburban, urban and rural areas; and
    30    i. 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    §  2.  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  paragraph  (i)  of  subdivision  one  of
    44  section 54-1523 of this title with funds made available pursuant to this
    45  title  shall  not  be  sold or disposed of or used for other than public
    46  purposes without the express authority of an  act  of  the  legislature,
    47  which  shall  provide for the substitution of other lands of equal envi-
    48  ronmental and fair market value and reasonably equivalent usefulness and
    49  location to those to be discontinued, sold  or  disposed  of,  and  such
    50  other requirements as shall be approved by the commissioner.
    51    §  3.  Subdivision 6 of section 15-3303 of the environmental conserva-
    52  tion law, as added by section 2 of part T of chapter 57 of the  laws  of
    53  2017, is amended to read as follows:
    54    6.  Real property acquired, developed, improved, restored or rehabili-
    55  tated by or through a municipality, county soil and  water  conservation
    56  district  or not-for-profit corporation with funds made available pursu-

        S. 8008--C                         72                         A. 9008--C

     1  ant to this title shall not  be  sold,  leased,  exchanged,  donated  or
     2  otherwise disposed of or used for other than the public purposes of this
     3  title  without the express authority of an act of the legislature, which
     4  shall provide for the substitution of other lands of equal environmental
     5  value  and  fair  market  value and reasonably equivalent usefulness and
     6  location to those to be discontinued, sold  or  disposed  of,  and  such
     7  other requirements as shall be approved by the commissioner.
     8    § 4. This act shall take effect immediately.
 
     9                                  PART LLL
 
    10    Section 1. Subdivision 2-a of section 1269-b of the public authorities
    11  law  is  amended by adding three new paragraphs (c), (d) and (e) to read
    12  as follows:
    13    (c) The authority shall publish data pertaining to capital programs of
    14  the authority and any amendments to such programs as  required  by  this
    15  section on the authority's website in a common, machine readable format,
    16  as  defined  by executive order number ninety-five of two thousand thir-
    17  teen, "Using Technology  to  Promote  Transparency,  Improve  Government
    18  Performance and Enhance Citizen Engagement" or any successor order. Such
    19  data shall include, but not be limited to:
    20    (i)  all  data  required  by  paragraph (c) of subdivision one of this
    21  section, including estimates of capital budget required by  element  for
    22  an approved capital program and expected sources of such funding for the
    23  entire capital program; and
    24    (ii)  all  data required by subdivision two of this section, including
    25  proposed annual commitments for individual capital elements required.
    26    (d) At a minimum, individual capital project data  for  projects  that
    27  are  committed  for  construction shall be included in a capital program
    28  dashboard maintained by the authority on its website. Any summary  views
    29  provided  on  the website shall include the original budgets at the time
    30  of project commitment when scope and budget are defined, project scopes,
    31  and schedules, in  addition  to  current  or  amended  budgets,  project
    32  scopes,  and  schedules.  Data  pertaining  to individual projects shall
    33  include, but not be limited to:
    34    (i) the capital project identification number  delineated  by  agency,
    35  category, element and project as used in the capital program;
    36    (ii) the capital plan years;
    37    (iii) the agency or authority undertaking the project;
    38    (iv) a project description;
    39    (v) the project location where appropriate;
    40    (vi)  the  capital  needs  code  of the project, such as state of good
    41  repair, normal replacement,  system  improvement,  system  expansion  or
    42  other category;
    43    (vii)  budget information including the original budget at the time of
    44  project commitment when scope and budget are  defined,  all  amendments,
    45  the current budget and planned annual allocations; and
    46    (viii) a schedule for project delivery including original, amended and
    47  current start and completion dates as projects develop at each phase.
    48    The  status  of projects shall be provided and state the current phase
    49  of the project, such as planning, design,  construction  or  completion,
    50  and  shall  state  how  far  the  project  has progressed as measured in
    51  percentage by expenditure. The dashboard shall measure progress based on
    52  original budgets at the time of project commitment when scope and budget
    53  are defined.  At a minimum, all changes to planned  budgets  of  greater
    54  than  ten  percent,  significant  project scope or a three month or more

        S. 8008--C                         73                         A. 9008--C
 
     1  change in schedule shall be provided in narrative form and describe  the
     2  reason for each change or amendment. The dashboard shall include a glos-
     3  sary  or  data  dictionary which contains plain language descriptions of
     4  the  data and information provided on the dashboard. The dashboard shall
     5  be updated, at a minimum, on a quarterly  basis,  and  all  data  fields
     6  available  on  the dashboard shall be made available for download on the
     7  authority's website in a single tabular data file in a  common,  machine
     8  readable  format. Capital dashboard data shall also be made available on
     9  the data.ny.gov website or such other successor website  maintained  by,
    10  or  on behalf of, the state, as deemed appropriate by the New York state
    11  office of information technology services under executive  order  number
    12  ninety-five of two thousand thirteen, or any successor agency or order.
    13    (e)  The  data  required  to be published pursuant to this subdivision
    14  shall be made in a single tabular data file in a common,  machine  read-
    15  able  format  and shall be accessible on the authority's website and the
    16  website data.ny.gov or such other successor website maintained by, or on
    17  behalf of, the state, as deemed appropriate by the New York state office
    18  of information technology services under executive order number  ninety-
    19  five of two thousand thirteen, or any successor agency or order.
    20    § 2. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a law.
 
    22                                  PART MMM
 
    23    Section  1.  Short  title. This act shall be known and may be cited as
    24  the "working to implement reliable and equitable deployment of broadband
    25  act (WIRED broadband act)".
    26    § 2. Section 1 of chapter 174 of the laws of  1968,  constituting  the
    27  New York state urban development corporation act, is amended by adding a
    28  new section 16-gg to read as follows:
    29    §  16-gg.  Division  of  Broadband Access. 1. Statement of Legislative
    30  findings and purpose. The legislature hereby finds  and  declares  that:
    31  access  to  high-speed,  reliable, and affordable broadband is essential
    32  for education, economic growth, and full participation  in  civic  life;
    33  the  persistence of the digital divide is a key barrier to improving the
    34  general welfare; the digital divide disproportionately affects  communi-
    35  ties  of  color,  lower-income  areas, rural areas, and other vulnerable
    36  populations, and the benefits of broadband access should be available to
    37  all; a robust and competitive internet marketplace in New York  supports
    38  general  economic  development  and  benefits  New Yorkers with improved
    39  internet service and affordability; the state has  a  responsibility  to
    40  assist  in  ending  the  digital  divide,  supporting  a more robust and
    41  competitive internet marketplace, and  carrying  out  other  actions  to
    42  ensure  universal  access to high-speed, reliable, and affordable broad-
    43  band.
    44    2. Definitions. The following definitions shall apply throughout  this
    45  section unless the context clearly requires otherwise:
    46    (a)  "Advisory  committee"  or  "committee"  shall  mean the broadband
    47  development advisory committee created by this section.
    48    (b) "Broadband", "broadband service", or "broadband internet" means  a
    49  mass-market retail service by wire or radio that provides the capability
    50  to  transmit  data  to  and  receive  data from all or substantially all
    51  internet endpoints, including any capabilities that  are  incidental  to
    52  and  enable  the  operation of the communications service, but excluding
    53  dial-up internet access service.

        S. 8008--C                         74                         A. 9008--C
 
     1    (c) "Commissioner" shall mean the commissioner  of  economic  develop-
     2  ment.
     3    (d)  "Director"  shall  mean the director of the division of broadband
     4  access.
     5    (e) "Division" means the division of broadband access created by  this
     6  section.
     7    (f)  "Unserved  location"  means  a broadband-serviceable location, as
     8  determined by the division, that has no access to broadband  service  or
     9  lacks access to reliable broadband service at 25 megabits per second for
    10  downloads and 3 megabits per second upload speed.
    11    (g)  "Underserved location" means a broadband-serviceable location, as
    12  determined by the division, that only has access to broadband service of
    13  at least 25 megabits per second but less than 100  megabits  per  second
    14  download speed and at least 3 megabits per second but less than 20 mega-
    15  bits per second upload speed.
    16    (h)  Should  the  division  determine that the definitions under para-
    17  graphs (f) and (g) of this subdivision concerning  download  and  upload
    18  speeds  be  outdated as a result of advancements in broadband technolog-
    19  ical capabilities or standards, such download and upload  speeds  estab-
    20  lished  under  this section shall be superseded by guidelines, rules, or
    21  regulations established by the division; provided that the download  and
    22  upload speeds included in the definitions shall not be reduced.
    23    3.  Division of broadband access; director; employees. There is hereby
    24  created within the department of  economic  development  a  division  of
    25  broadband access. The head of such office shall hold the title of direc-
    26  tor  and  be appointed by the commissioner, and shall hold office at the
    27  pleasure of the commissioner.
    28    4. Powers and duties of the division  of  broadband  development.  The
    29  division shall have the power to:
    30    (a)  Coordinate  the activities of all state agencies performing func-
    31  tions affecting access to high-speed, reliable,  and  affordable  broad-
    32  band.
    33    (b) Conduct research and analyses of matters affecting access to high-
    34  speed, reliable, and affordable broadband.
    35    (c)  Advise  and  make  recommendations to the commissioner on matters
    36  affecting access to high-speed, reliable, and affordable broadband.
    37    (d) Provide advisory assistance to  municipalities,  state  and  local
    38  authorities,  and  other  entities to expand access to high-speed, reli-
    39  able, and affordable broadband.
    40    (e) Establish and implement programs,  including  grant  programs,  to
    41  expand access to high-speed, reliable, and affordable broadband, includ-
    42  ing but not limited to: programs to improve broadband access at unserved
    43  and  underserved  locations; programs to deploy broadband infrastructure
    44  owned or managed by municipalities, state and local  authorities,  enti-
    45  ties  established pursuant to section 99-y of the general municipal law,
    46  or not-for-profit entities;  programs  to  deploy  innovative  broadband
    47  technologies and means to improve broadband access; including in low-in-
    48  come  areas;  programs to improve digital equity, digital inclusion, and
    49  digital literacy.
    50    (f) Take additional actions the division  deems  necessary  to  expand
    51  access to high-speed, reliable, and affordable broadband.
    52    5.  Rules  and  regulations.  The commissioner may adopt any necessary
    53  rules, regulations, or guidelines to  effectuate  the  purposes  of  the
    54  division.    Notwithstanding  any conflicting provision of this article,
    55  the commissioner may adopt any necessary rules, regulations,  or  guide-
    56  lines  for  state participation in federal broadband programs consistent

        S. 8008--C                         75                         A. 9008--C

     1  with the requirements set forth under the Infrastructure Investment  and
     2  Jobs  Act,  American  Rescue  Plan Act, Digital Equity Act, or any other
     3  federal program determined as directly relevant to increasing access  to
     4  high-speed, reliable, and affordable broadband by the commissioner.
     5    6. Broadband access advisory committee. (a) There is hereby created in
     6  the  division  of  broadband  access  a  broadband  development advisory
     7  committee. The committee shall consist of 16 members, four of which  are
     8  to  be appointed by the governor, one of which is to be appointed by the
     9  speaker of the assembly, and one of which is  to  be  appointed  by  the
    10  temporary president of the senate. The commissioners, or designees ther-
    11  eof,  of  the department of public service, department of labor, depart-
    12  ment of  transportation,  office  of  general  services,  department  of
    13  economic  development,  department  of  homeland  security and emergency
    14  services, division of  housing  and  community  renewal,  and  education
    15  department,  the  president  of  the  New  York power authority, and the
    16  director of the  division  of  the  budget  shall  serve  as  ex-officio
    17  members.  The governor shall designate a chairperson from the members of
    18  the  advisory  committee, to serve as such at the pleasure of the gover-
    19  nor. In appointing the members of the advisory  committee  the  governor
    20  shall  ensure  that  at least one member is an individual representing a
    21  telecommunications union, at least one  member  is  an  individual  with
    22  substantial  expertise  in  tribal  affairs,  and two of the members are
    23  individuals who have substantial expertise in telecommunications policy,
    24  broadband development, grant-making, or internet  regulation,  of  which
    25  one  shall  have  expertise  on  service  providers  with  over  100,000
    26  subscribers in New York state and one shall have  expertise  on  service
    27  providers with less than 100,000 subscribers in New York state.
    28    (b)  All  members of the advisory committee, other than the ex-officio
    29  members, shall serve for terms of three years, such term shall  commence
    30  on  the  first  day  the  committee is convened. Any vacancies occurring
    31  otherwise than by expiration of term shall be filled in the same  manner
    32  as original appointments for the balance of the unexpired term.
    33    (c)  The advisory committee shall meet at least twice in each calendar
    34  year. Special meetings may be called by its  chairperson  and  shall  be
    35  called by the chairperson at the request of the director of the division
    36  of broadband access.
    37    (d)  No  member  of  the advisory committee shall be disqualified from
    38  holding any other public office, nor forfeit any such office  by  reason
    39  of appointment hereunder, notwithstanding the provisions of any general,
    40  special  or  local law, ordinance or city charter, provided however that
    41  members appointed by the governor, speaker of the assembly, or temporary
    42  president of the senate shall be considered state officers  and  subject
    43  to the provisions of paragraph (a) of subdivision 8 of section 73 of the
    44  public officers law.
    45    (e)  The  members  of  the advisory committee shall receive no compen-
    46  sation for their services but shall be allowed their actual  and  neces-
    47  sary expenses incurred in the performance of their duties hereunder.
    48    (f) The committee shall:
    49    (i)  advise  the  director  in  carrying out the functions, powers and
    50  duties of the division, as set forth in this article.
    51    (ii) advise the director, the governor, and the legislature concerning
    52  policy changes necessary to promote expansion and development of  access
    53  to high-speed, reliable, and affordable broadband.
    54    (iii)  advise the director, the governor, and the legislature concern-
    55  ing existing policies of state agencies which may be  counter-productive

        S. 8008--C                         76                         A. 9008--C
 
     1  or inimical to promote expansion and deployment of high-speed, reliable,
     2  and affordable broadband.
     3    (iv) advise the director, the governor, and the legislature concerning
     4  the  development of inter-governmental cooperation among agencies of the
     5  federal, state, and local governments and  cooperation  between  private
     6  industry  and  government  so  as  to  promote expansion, deployment and
     7  continued provision of high-speed, reliable, and affordable broadband.
     8    (v) advise the director, the governor, and the legislature  on  issues
     9  related  to  fostering  consumer  choice,  increasing competition in the
    10  broadband industry, and promoting open-access infrastructure.
    11    (vi) advise the director, in consultation with the division of  broad-
    12  band  access,  on potential guidelines or regulations for implementation
    13  of broadband-related programs.
    14    (vii) advise the director, the governor, and the legislature on  poli-
    15  cies  related  to  the  deployment  of  wireless  and cellular services,
    16  including deployment of small cell networks for access to 5G services.
    17    (viii) advise the director on policies to reduce regulatory  obstacles
    18  and  streamline  regulations  to promote access to high-speed, reliable,
    19  and affordable broadband.
    20    (ix) advise the director on policies to maximize access to high-speed,
    21  reliable, and affordable broadband in affordable housing projects.
    22    (x) advise the director on policies relevant to ensuring  that  senior
    23  citizens have access to high-speed, reliable, and affordable broadband.
    24    (xi)  make  periodic  recommendations  as  to updates to the broadband
    25  report required by the Comprehensive Broadband Connectivity Act.
    26    7. ConnectAll deployment program. The ConnectAll deployment program is
    27  hereby established to provide grant funding to construct  infrastructure
    28  necessary  to  provide  broadband  services  to unserved and underserved
    29  locations in the state. Grants issued pursuant  to  this  program  shall
    30  facilitate  projects  that,  at  a  minimum,  provide  reliable internet
    31  service with consistent speeds of at least 100 megabits per  second  for
    32  download  and  at  least  20 megabits per second for upload, unless this
    33  requirement is waived for a specific project or location and a different
    34  speed level is approved by the division, but under no circumstances less
    35  than 25 megabits per second download and 3 megabits per  second  upload;
    36  provided  further  that  applicants for grant funding under this section
    37  may include incorporated organizations, Native American tribes or tribal
    38  organizations, local units of government, or a group of any of the above
    39  entities; provided further that an applicant  for  grant  funding  under
    40  this  section shall demonstrate suitable fiscal, technical, operational,
    41  and management capabilities as  determined  by  the  division;  provided
    42  further  that  an  applicant  for grant funding under this section shall
    43  provide certifications as to compliance with relevant  safety  standards
    44  as  determined by the division, including the National Electrical Safety
    45  Code; provided further that an applicant for grant  funding  under  this
    46  section  shall  provide  certifications  as  to compliance with relevant
    47  workplace protections as determined by the division including the  Occu-
    48  pational  Safety and Health Act, the Fair Labor Standards Act, Title VII
    49  of the Civil Rights Act of 1964, and New York State labor and employment
    50  laws; provided further that an applicant for grant  funding  under  this
    51  section shall submit to the division a workforce plan in a format deter-
    52  mined  by  the division which, to the extent practicable, shall include:
    53  (a) information relating to whether the construction workforce  will  be
    54  directly  employed  or  subcontracted;  (b)  the anticipated size of the
    55  workforce required to carry out the proposed work; (c) a description  of
    56  plans  to  maximize  use  of  local  or  regional  workforce;  and (d) a

        S. 8008--C                         77                         A. 9008--C
 
     1  description of the expected workforce safety standards and  training  to
     2  ensure  the  project is completed at a high standard. The division shall
     3  establish the procedures to solicit, receive and  evaluate  applications
     4  for the program consistent with rules, regulations, or guidelines estab-
     5  lished  by  the commissioner; provided that preference shall be given to
     6  applications that: (a) are capable of delivering speeds of 1 gigabit per
     7  second download and 1 gigabit per second upload to  the  end  user;  (b)
     8  provide  service  to  locations  in  unserved areas as determined by the
     9  division; (c) commit not to impose caps on data  usage  on  the  service
    10  provided  to  the end-user or to block, throttle, or prioritize internet
    11  content in the general course of business; and (d) have  and  commit  to
    12  maintaining  high  standards  of  workplace  safety practices, training,
    13  certification or licensure for all relevant workers, and compliance with
    14  state and federal workplace protections.
    15    8. ConnectAll municipal assistance program. The  ConnectAll  municipal
    16  assistance  program  is  hereby  established to provide grant funding to
    17  municipalities, state and local authorities,  and  entities  established
    18  pursuant  to  section  99-y  of  the  general  municipal law to plan and
    19  construct  infrastructure  necessary  to  provide  broadband   services,
    20  support  the adoption of broadband services, or other purposes for maxi-
    21  mizing the effectiveness of municipal broadband programs  as  determined
    22  by  the  division.  For  the  purposes of broadband infrastructure, such
    23  grants issued pursuant to this program shall facilitate  projects  that,
    24  at  a  minimum, provide reliable internet service with consistent speeds
    25  of at least 100 megabits per second for download and at least  20  mega-
    26  bits  per  second  for  upload,  unless this requirement is waived for a
    27  specific project or location and a different speed level is approved  by
    28  the  division,  but  under  no  circumstances  less than 25 megabits per
    29  second download and 3 megabits per second upload; provided further  that
    30  an  applicant  for  grant  funding  under this section shall demonstrate
    31  suitable fiscal, technical, operational, and management capabilities  as
    32  determined by the division; provided further that an applicant for grant
    33  funding under this section shall provide certifications as to compliance
    34  with  relevant safety standards as determined by the division, including
    35  the National Electrical Safety Code; provided further that an  applicant
    36  for  grant funding under this section shall provide certifications as to
    37  compliance with relevant workplace  protections  as  determined  by  the
    38  division  including  the  Occupational  Safety  and Health Act, the Fair
    39  Labor Standards Act, Title VII of the Civil Rights Act of 1964, and  New
    40  York state labor and employment laws; provided further that an applicant
    41  for  grant  funding  under  this  section shall submit to the division a
    42  workforce plan in a format determined by  the  division  which,  to  the
    43  extent  practicable,  shall include: (a) information relating to whether
    44  the construction workforce will be directly employed  or  subcontracted;
    45  (b)  the  anticipated  size  of  the workforce required to carry out the
    46  proposed work; (c) a description of plans to maximize use  of  local  or
    47  regional  workforce;  and  (d)  a  description of the expected workforce
    48  safety standards and training to ensure the project is  completed  at  a
    49  high  standard.  The division shall establish the procedures to solicit,
    50  receive and evaluate proposals for the program consistent  with,  rules,
    51  regulations,  or  guidelines  established  by the commissioner; provided
    52  that preference shall be given to applications that: (a) are capable  of
    53  delivering  speeds  of  1  gigabit per second download and 1 gigabit per
    54  second upload to the end user;  (b)  provide  service  to  locations  in
    55  unserved  areas  as determined by the division; (c) commit not to impose
    56  caps on data usage on the service provided to the end-user or to  block,

        S. 8008--C                         78                         A. 9008--C
 
     1  throttle,  or prioritize internet content in the general course of busi-
     2  ness; and (d) have and commit to maintaining high standards of workplace
     3  safety practices, training, certification or licensure for all  relevant
     4  workers, and compliance with state and federal workplace protections.
     5    9.  ConnectAll  innovation  grant  program.  The ConnectAll innovation
     6  grant program is hereby established to develop, pilot, and deploy  inno-
     7  vative  models  and technologies for the delivery of broadband services.
     8  Grants issued pursuant to this program shall: (a) benefit  the  develop-
     9  ment  of  innovative  and  new broadband solutions and technologies; (b)
    10  deploy innovative broadband technology to rural,  low-income,  or  other
    11  areas  that  would  be  unlikely  to  otherwise see such deployment; (c)
    12  promote critical private sector investment  in  such  technologies;  (d)
    13  provide  seed  funding  for  the  development  of  such technologies and
    14  products; or (e) foster  collaboration  between  the  academic  research
    15  community  and the business sector for such purposes. The division shall
    16  establish the procedures to solicit, receive and evaluate proposals  for
    17  the  program  consistent  with  rules, regulations, or guidelines estab-
    18  lished by the commissioner.
    19    10. ConnectAll digital equity grant program.  The  ConnectAll  digital
    20  equity  grant  program  is  hereby established to support individuals to
    21  have the information technology capacity needed for  full  participation
    22  in  society and the economy, including the effective implementation of a
    23  State Digital Equity Plan or any successor plan. Grants issued  pursuant
    24  to  this  program shall be awarded in a manner and form as determined by
    25  the division consistent with all relevant federal  laws,  codes,  rules,
    26  and regulations associated with the federal Digital Equity Act as estab-
    27  lished  under  the  Infrastructure Investment and Jobs Act. The division
    28  shall establish such State Digital Equity Plan  and  the  procedures  to
    29  solicit,  receive and evaluate proposals for the program consistent with
    30  rules, regulations, or guidelines established by the commissioner.
    31    11. Assistance of other agencies. To effectuate the purposes  of  this
    32  article,  the director may request from any department, division, board,
    33  bureau, commission or other agency of  the  state  or  from  any  public
    34  corporation  or  district,  and the same are authorized to provide, such
    35  assistance, services and data as will  enable  the  office  properly  to
    36  carry out its functions, powers and duties hereunder.
    37    12.  New  NY Broadband Program; transfer. All the functions and powers
    38  possessed by and all the obligations and duties of the  state  broadband
    39  program  office  and the New NY Broadband Program are hereby transferred
    40  and assigned to and assumed by the division.
    41    13. Reporting. The division shall: (a) in a form and manner prescribed
    42  in accordance with the Infrastructure Investment and Jobs Act or  Ameri-
    43  can  Rescue  Plan  Act,  make publicly available information relevant to
    44  long term plans for the use of broadband expansion funds, the mechanisms
    45  by which the division will award such  funds,  the  entities  that  will
    46  receive  such  funds  from the division, progress reports on the use and
    47  disbursement of such funds by the division, and  a  comprehensive  final
    48  report on the activities of the division; and
    49    (b)  every  six  months,  beginning  twelve  months  after  the  first
    50  disbursement to a grant awardee under any program established under this
    51  section, until such a time that all funds associated with  all  programs
    52  established under this section have been fully expended, submit a report
    53  to  the governor, the temporary president of the senate, and the speaker
    54  of the assembly setting forth the activities undertaken by the  program.
    55  Such  reports  shall include, but need not be limited to, the details of
    56  the grants and recipients, locations of the  projects,  and  such  other

        S. 8008--C                         79                         A. 9008--C
 
     1  information  as  the  division  deems  necessary and appropriate, to the
     2  extent that the production such reporting is not duplicative of  federal
     3  reporting  requirements  associated with broadband expansion in New York
     4  state  under  the  Infrastructure  Investment  and  Jobs Act or American
     5  Rescue Plan Act. Such reports shall  be  included  on  the  department's
     6  website  and  any  other  publicly  accessible  state database that list
     7  economic development programs as determined by the director.
     8    § 3. The general municipal law is amended by adding a new section 99-y
     9  to read as follows:
    10    § 99-y. Internet access and communications. The governing body of  any
    11  county,  city,  town  or  village  is hereby authorized and empowered to
    12  establish, construct, and maintain broadband  and  related  telecommuni-
    13  cations  infrastructure, or to contract for the construction and mainte-
    14  nance of such services with a corporation or nonprofit organization, and
    15  for  the  maintenance,  care,  and  replacement  of  infrastructure   in
    16  connection  therewith, if such governing body finds that such facilities
    17  are necessary. For the purposes of this  section,  "nonprofit  organiza-
    18  tion"  shall  mean  a corporation having tax exempt status under section
    19  501 (c) (3) of the United States internal revenue code, or any organiza-
    20  tion incorporated under the not-for-profit corporation law.
    21    § 4. The labor law is amended by adding a new section 224-e to read as
    22  follows:
    23    § 224-e. Wage requirements for  certain  broadband  projects.  1.  For
    24  purposes  of  this section, a "covered broadband project" means a broad-
    25  band project funded by programs  established  pursuant  to  subdivisions
    26  seven and eight of section sixteen-gg of the New York state urban devel-
    27  opment corporation act.
    28    2. Notwithstanding the provisions of section two hundred twenty-four-a
    29  of  this  article,  a  covered  broadband  project  shall  be subject to
    30  prevailing wage requirements in accordance  with  sections  two  hundred
    31  twenty and two hundred twenty-b of this article, provided that a covered
    32  broadband  project  may  still otherwise be considered a covered project
    33  pursuant to section two hundred twenty-four-a  of  this  article  if  it
    34  meets the definition therein.
    35    3.  For purposes of this section, the "fiscal officer" shall be deemed
    36  to be the commissioner. The enforcement of any covered broadband project
    37  under this section shall be subject to the requirements of sections  two
    38  hundred  twenty, two hundred twenty-a, two hundred twenty-b, two hundred
    39  twenty-three, two hundred twenty-four-b of this article, and section two
    40  hundred twenty-seven of this chapter and within the jurisdiction of  the
    41  fiscal  officer;  provided,  however,  nothing contained in this section
    42  shall be deemed to construe any covered broadband project  as  otherwise
    43  being considered public work pursuant to this article.
    44    4.  The  fiscal  officer may issue rules and regulations governing the
    45  provisions of this section. Violations of this section shall be  grounds
    46  for  determinations  and orders pursuant to section two hundred twenty-b
    47  of this article.
    48    5. Each owner and  developer  subject  to  the  requirements  of  this
    49  section shall comply with the objectives and goals of certified minority
    50  and  women-owned  business  enterprises pursuant to article fifteen-A of
    51  the executive law and  certified  service-disabled  veteran-owned  busi-
    52  nesses pursuant to article seventeen-B of the executive law. The depart-
    53  ment  in consultation with the directors of the division of minority and
    54  women's business development and of  the  division  of  service-disabled
    55  veterans'  business development shall make training and resources avail-
    56  able  to  assist  minority  and  women-owned  business  enterprises  and

        S. 8008--C                         80                         A. 9008--C
 
     1  service-disabled  veteran-owned business enterprises undertaking covered
     2  broadband projects to achieve and maintain  compliance  with  prevailing
     3  wage  requirements.    The  department  shall  make  such  training  and
     4  resources  available  online  and  shall afford minority and women-owned
     5  business enterprises and service-disabled veteran-owned business  enter-
     6  prises an opportunity to submit comments on such training.
     7    6.  (a) The fiscal officer shall report to the governor, the temporary
     8  president of the senate, and the speaker of the assembly by July  first,
     9  two  thousand twenty-three and annually thereafter, on the participation
    10  of minority and women-owned  business  enterprises  undertaking  covered
    11  broadband  projects subject to the provisions of this section as well as
    12  the diversity practices  of  contractors  and  subcontractors  employing
    13  workers on such projects.
    14    (b)  Such reports shall include aggregated data on the utilization and
    15  participation of minority  and  women-owned  business  enterprises,  the
    16  employment  of minorities and women in construction-related jobs on such
    17  projects, and the commitment of contractors and subcontractors  on  such
    18  projects to adopting practices and policies that promote diversity with-
    19  in  the  workforce.  The  reports  shall  also examine the compliance of
    20  contractors and subcontractors with other equal  employment  opportunity
    21  requirements  and  anti-discrimination  laws,  in  addition to any other
    22  employment practices deemed pertinent by the commissioner.
    23    (c) The fiscal officer may require any owner or developer to  disclose
    24  information  on  the  participation of minority and women-owned business
    25  enterprises and the diversity practices of contractors  and  subcontrac-
    26  tors  involved  in  the performance of any covered broadband project. It
    27  shall be the duty of the fiscal officer to consult  and  to  share  such
    28  information in order to effectuate the requirements of this section.
    29    § 5. This act shall take effect immediately.
 
    30                                  PART NNN
 
    31    Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
    32  the New York state urban development  corporation  act,  is  amended  by
    33  adding a new section 58 to read as follows:
    34    § 58. Reporting. 1. Definitions. For the purposes of this section, the
    35  following terms shall have the following meanings:
    36    (a) "Economic development benefits" shall mean:
    37    (i) available state funds including, but not limited to, state grants,
    38  loans, loan guarantees, loan interest subsidies, and subsidies; and
    39    (ii)  tax  credits,  tax  exemptions,  reduced  tax rates or other tax
    40  incentives which are applied for and preapproved or certified by a state
    41  agency.
    42    (a-1) "Empire state economic development benefits"  shall  mean  those
    43  economic  development  benefits  made available to the urban development
    44  corporation or the department of  economic  development  to  award  such
    45  benefits to qualified recipients.
    46    (a-2)   "Additional   state  benefits  for  empire  state  development
    47  projects" shall mean those benefits provided by other state agencies for
    48  the same project receiving empire state economic development benefits.
    49    (a-3) "Other state agency economic development  benefits"  shall  mean
    50  those  economic development benefits made available to a state agency to
    51  award such benefits to qualified  recipients  for  economic  development
    52  projects, provided such information regarding such awards is required to
    53  be  submitted  to the urban development corporation or the department of
    54  economic development per subdivision 6 of this section.

        S. 8008--C                         81                         A. 9008--C
 
     1    (a-4) "Aggregate economic development benefits" shall mean those bene-
     2  fits provided for in paragraphs (a-1), (a-2) and (a-3) of this  subdivi-
     3  sion and displayed separately in the database created pursuant to subdi-
     4  vision 2 of this section.
     5    (b) "Qualified participant" shall mean an individual, business, limit-
     6  ed  liability  corporation  or any other entity that has applied for and
     7  received benefits as defined in paragraphs (a-1) through (a-4)  of  this
     8  subdivision.
     9    (c)  "State  agency"  shall  mean any state department, board, bureau,
    10  division, commission, committee, state  authority,  public  corporation,
    11  council,  office or other state governmental entity performing a govern-
    12  mental or proprietary function  for  the  state,  as  well  as  entities
    13  created  by  any  of  the  preceding  or that are governed by a board of
    14  directors or similar body with a majority of members designated  by  one
    15  or more state officials;
    16    (d) "Full-time equivalent" shall mean a unit of measure which is equal
    17  to one filled, full-time, annual-salaried position.
    18    (e)  "Project  hires" shall mean a job in which an individual is hired
    19  for a season or for a limited period of time.
    20    (f) "Part-time job" shall  mean  a  job  in  which  an  individual  is
    21  employed  by  a  qualified participant for less than thirty-five hours a
    22  week.
    23    2. Notwithstanding any laws to the contrary, the corporation, in coop-
    24  eration with the department of  economic  development,  shall  create  a
    25  searchable  database, or modify an existing one, displaying empire state
    26  economic development benefits that  a  qualified  participant  has  been
    27  awarded.  Such database shall also display additional state agency bene-
    28  fits that a qualified participant has been awarded in connection with an
    29  empire  state  development  project  such  qualified   participant   has
    30  received.  Such  database shall also display other state agency economic
    31  development benefits that a qualified participant has been  awarded,  to
    32  the  extent that such data has been made available to and is received by
    33  the corporation in the form and manner prescribed by the corporation.
    34    3. Data related to paragraphs (a-2) and (a-3) of subdivision 1 of this
    35  section shall be analyzed for quality and  accuracy  by  the  agency  or
    36  authority  providing  such  funding to qualified recipients and managing
    37  the contracts related thereto. Upon submission of such other state agen-
    38  cy economic development benefit data to the corporation for inclusion in
    39  the database, all awarding agencies and authorities shall certify to the
    40  corporation that  each  field  of  project  data  accurately  summarizes
    41  economic  development  project  investments  made by the other agency or
    42  authority. Such searchable database shall include,  at  a  minimum,  the
    43  following features and functionality to the extent practicable:
    44    (a)  the ability to search the database by each of the reported infor-
    45  mation fields;
    46    (b) the ability to be searchable, downloadable, and updated quarterly,
    47  and posted on a New York state maintained website as well as  referenced
    48  on the empire state development website, with a direct link to the data-
    49  base;
    50    (c)  for  projects  started on or after January 1, 2018, the following
    51  information shall be included:
    52    (i) a qualified participant's name and project, project location,  the
    53  project's  complete address, including the postal code in a separate and
    54  searchable field, and the economic region of the state;
    55    (ii) the time span over which a qualified participant is to receive or
    56  has received aggregate economic development benefits;

        S. 8008--C                         82                         A. 9008--C
 
     1    (iii)  the  type  of  such  aggregate  economic  development  benefits
     2  provided  to  a qualified participant, including the name of the program
     3  or programs through which aggregate economic  development  benefits  are
     4  provided,  and  details  as  to  whether such programs are grants or tax
     5  credit  programs  as a separate and searchable field. Such data shall be
     6  provided for other state agency benefits, to the extent practicable, and
     7  such requirement shall be applied  to  contracts  initiated  six  months
     8  after the effective date of this section;
     9    (iv)  the total number of employees at all sites utilizing such aggre-
    10  gate economic development benefits at the time of the agreement, includ-
    11  ing the number of full-time equivalents, provided that any project hires
    12  or part-time jobs converted to full-time equivalents shall be  displayed
    13  in  separate  fields and denoted as such, to the extent practicable, and
    14  such requirements shall be applied to  contracts  initiated  six  months
    15  after the effective date of this section;
    16    (v)  for  any aggregate economic development benefit that provides for
    17  job retention or job creation that a qualified participant is receiving,
    18  the total job  creation  commitments,  job  retention  commitments,  job
    19  creation  actual  number, and the job retention actual number, displayed
    20  in terms of full-time equivalents and  part-time  jobs,  shall  each  be
    21  displayed as separate and searchable fields;
    22    (vi) the amount of aggregate economic development benefits received by
    23  a qualified participant to date;
    24    (vii)  for  all  projects associated with utilization goals related to
    25  minority and women-owned businesses, per article 15-A of  the  executive
    26  law, such goals and progress towards such goals shall be included to the
    27  extent  practicable,  and such requirement shall be applied to contracts
    28  initiated twelve months after the effective date of this section;
    29    (viii) the total public-private investment made to the project,  total
    30  state funding received by a project, and project status;
    31    (ix)  details  related  to  individual  project  compliance indicating
    32  whether, during the current reporting quarter, the corporation or  other
    33  entity  managing  the award has reduced, cancelled, or recaptured aggre-
    34  gate economic development benefits from a qualified participant, and, if
    35  so, the total amount of the reduction, cancellation, or recapture. Sepa-
    36  rately, a notation of penalties assessed shall be displayed in  a  sepa-
    37  rate  and  searchable  field, as well as the reasons therefor in another
    38  separate and searchable field;
    39    (x) the ability to digitally select defined individual  fields  corre-
    40  sponding  to any of the reported information from qualified participants
    41  to create unique database views;
    42    (xi) the ability to download the database in its entirety, or in part,
    43  in a common machine readable format;
    44    (xii) a definition or description of terms for fields in the database;
    45    (xiii) a  summary  of  each  aggregate  economic  development  benefit
    46  awarded to qualified participants;
    47    (xiv)  a user-friendly guide to outline the features and functionality
    48  of the database; and
    49    (xv) a dedicated email account for  the  public  to  direct  questions
    50  related to the database.
    51    4.  Upon  request the corporation shall provide, or direct to a source
    52  providing, in an electronically accessible and  downloadable  form,  any
    53  contracts or award agreements for projects included in paragraphs (a-1),
    54  (a-2),  or  (a-3)  of  subdivision 1 of this section, to the extent such
    55  contracts or award agreements are available to the  public  pursuant  to
    56  article  6  of  the  public  officers  law.  Provided  however that only

        S. 8008--C                         83                         A. 9008--C
 
     1  contract documents and award agreements related to projects  defined  in
     2  paragraph  (a-1) of subdivision 1 of this section shall be shared by the
     3  corporation, and all contract documents and award agreements related  to
     4  projects  defined in paragraphs (a-2) and (a-3) of subdivision 1 of this
     5  section shall be shared, upon request, by the agency or authority  hold-
     6  ing and managing such contract;
     7    5.  The  corporation  may request any data from qualified participants
     8  which is necessary and required in developing, updating, and maintaining
     9  the searchable database. Such qualified participants shall  provide  any
    10  such information requested by the corporation.
    11    6.  The  corporation  shall  prescribe  the form and manner in which a
    12  state agency or authority awarding other state agency economic  develop-
    13  ment  benefits  shall  submit information and data regarding other state
    14  agency benefits as required for developing,  updating,  and  maintaining
    15  the  database  and publish guidelines as needed to facilitate receipt of
    16  such data to comply with the provisions of this section,  including  the
    17  submission  provisions  included  in  subdivision 3 of this section. The
    18  corporation, to the extent practicable, shall note on the database where
    19  a state agency or authority failed to submit the required data.
    20    § 2. Section 100 of the economic development law is amended by  adding
    21  a new subdivision 18-j to read as follows:
    22    18-j.  to  assist  the  urban  development  corporation to establish a
    23  searchable database pursuant to section fifty-eight of  section  one  of
    24  chapter  one hundred seventy-four of the laws of nineteen hundred sixty-
    25  eight, constituting the New York  state  urban  development  corporation
    26  act.
    27    §  3.  The  public  authorities law is amended by adding a new section
    28  2807 to read as follows:
    29    § 2807. Reporting for searchable state subsidy and aggregate  economic
    30  development  benefits  database.  Notwithstanding any other provision of
    31  law to the contrary, every state authority shall  submit  to  the  urban
    32  development  corporation,  and  update quarterly, in the form and manner
    33  prescribed by the urban development corporation, any and  all  data  and
    34  information  as  necessary for developing, updating, and maintaining the
    35  database established in section fifty-eight of section  one  of  chapter
    36  one  hundred  seventy-four  of the laws of nineteen hundred sixty-eight,
    37  constituting the New  York  state  urban  development  corporation  act,
    38  regarding economic development benefits, as such term is defined in such
    39  section,  awarded by such state authority. A state authority may request
    40  and shall receive any data from an individual, business, limited liabil-
    41  ity corporation or any other entity that has applied  for  and  received
    42  approval  for,  or  is the beneficiary of, any such economic development
    43  benefits, as is necessary and required to comply with this section.
    44    § 4. This act shall take effect immediately
    45    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    46  sion, section or part of this act shall be  adjudged  by  any  court  of
    47  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    48  impair, or invalidate the remainder thereof, but shall  be  confined  in
    49  its  operation  to the clause, sentence, paragraph, subdivision, section
    50  or part thereof directly involved in the controversy in which such judg-
    51  ment shall have been rendered. It is hereby declared to be the intent of
    52  the legislature that this act would  have  been  enacted  even  if  such
    53  invalid provisions had not been included herein.
    54    §  3.  This  act shall take effect immediately provided, however, that
    55  the applicable effective date of Parts A through NNN of this  act  shall
    56  be as specifically set forth in the last section of such Parts.
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