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S02505 Summary:

BILL NOS02505C
 
SAME ASSAME AS UNI. A03005-C
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2021-2022 state fiscal year; relates to various criminal justice and public safety programs (Part A); relates to the administration of certain grant funds to and by the office for the prevention of domestic violence (Part B); provides for compliance with executive order two hundred three (Part L); relates to the closure of correctional facilities (Part M); extends the authorization of the recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia (Part P); enacts the "New York Medical Supplies Act" (Part BB); relates to bonds, notes, and revenues (Part RR); relates to the procurement process and procurement contracts (Part SS); provides for compensation, benefits and other terms and conditions of employment of members of the agency police services unit; implements an agreement or interest arbitration award between the state and the employee organization representing the members of the agency police services unit; makes an appropriation for the purpose of effectuating certain provisions thereof (Part VV); authorizes an exemption for class one capital improvements to residential buildings and certain new construction in a special assessing unit that is not a city (Part WW); relates to funding of local government entities by the urban development corporation, and to the effectiveness of such provisions related to certain local governments (Part XX); extends the authorization of provisions regarding procurements by the New York city transit authority and metropolitan transportation authority (Part YY); establishes a deer hunting pilot program (Part ZZ); authorizes the grant of certain easements to Alle-Catt Wind Energy LLC on a proportion of real property within the Farmersville State Forest, Swift Hill State Forest, and Lost Nation State Forest (Part AAA); makes technical amendments related to the office of renewable energy siting; establishes the farmland protection working group (Part BBB); relates to infrastructure projects relating to clean vehicle projects (Part CCC); relates to the clean energy resources development and incentives program (Part DDD).
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S02505 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2505--C                                            A. 3005--C
 
                SENATE - ASSEMBLY
 
                                    January 20, 2021
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN ACT to amend chapter 887 of the laws of 1983, amending the correction
          law  relating  to the psychological testing of candidates, in relation
          to the effectiveness thereof; to amend chapter  428  of  the  laws  of
          1999, amending the executive law and the criminal procedure law relat-
          ing  to  expanding the geographic area of employment of certain police
          officers, in relation to extending the expiration of such chapter;  to
          amend chapter 886 of the laws of 1972, amending the correction law and
          the  penal law relating to prisoner furloughs in certain cases and the
          crime of absconding therefrom, in relation to the effectiveness there-
          of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
          and 54 of the laws of 1987, the correction  law,  the  penal  law  and
          other  chapters  and  laws  relating  to  correctional  facilities, in
          relation to the effectiveness thereof; to amend  chapter  339  of  the
          laws  of  1972, amending the correction law and the penal law relating
          to inmate work release, furlough and leave, in relation to the  effec-
          tiveness  thereof; to amend chapter 60 of the laws of 1994 relating to
          certain provisions which impact upon expenditure of certain  appropri-
          ations made by chapter 50 of the laws of 1994 enacting the state oper-
          ations  budget,  in  relation  to  the effectiveness thereof; to amend
          chapter 3 of the laws of 1995, amending the correction law  and  other
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12570-05-1

        S. 2505--C                          2                         A. 3005--C
 
          laws  relating  to the incarceration fee, in relation to extending the
          expiration of certain provisions of such chapter; to amend chapter  62
          of  the  laws  of  2011, amending the correction law and the executive
          law,  relating  to merging the department of correctional services and
          division of parole into the department of  corrections  and  community
          supervision,  in relation to the effectiveness thereof; to amend chap-
          ter 55 of the laws of 1992, amending the tax law and other laws relat-
          ing to taxes, surcharges, fees and funding, in relation  to  extending
          the expiration of certain provisions of such chapter; to amend chapter
          907  of  the  laws  of 1984, amending the correction law, the New York
          city criminal court act and the executive law relating to  prison  and
          jail housing and alternatives to detention and incarceration programs,
          in  relation to extending the expiration of certain provisions of such
          chapter; to amend chapter 166 of the laws of 1991,  amending  the  tax
          law  and  other  laws  relating to taxes, in relation to extending the
          expiration of certain provisions of such chapter; to amend the vehicle
          and traffic law, in relation to extending the expiration of the manda-
          tory surcharge and victim assistance fee; to amend chapter 713 of  the
          laws  of  1988,  amending  the vehicle and traffic law relating to the
          ignition interlock device program, in relation to extending the  expi-
          ration thereof; to amend chapter 435 of the laws of 1997, amending the
          military  law  and  other  laws  relating  to  various  provisions, in
          relation to extending the expiration date of the merit  provisions  of
          the correction law and the penal law of such chapter; to amend chapter
          412 of the laws of 1999, amending the civil practice law and rules and
          the  court  of  claims  act relating to prisoner litigation reform, in
          relation  to  extending  the  expiration  of  the  inmate  filing  fee
          provisions  of the civil practice law and rules and general filing fee
          provision and inmate property claims  exhaustion  requirement  of  the
          court  of claims act of such chapter; to amend chapter 222 of the laws
          of 1994 constituting  the  family  protection  and  domestic  violence
          intervention  act  of 1994, in relation to extending the expiration of
          certain provisions of the criminal procedure law requiring the  arrest
          of certain persons engaged in family violence; to amend chapter 505 of
          the  laws of 1985, amending the criminal procedure law relating to the
          use of closed-circuit television and  other  protective  measures  for
          certain  child  witnesses,  in relation to extending the expiration of
          the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
          ing the sentencing reform act of 1995, in relation  to  extending  the
          expiration of certain provisions of such chapter; to amend chapter 689
          of  the  laws  of 1993 amending the criminal procedure law relating to
          electronic court  appearance  in  certain  counties,  in  relation  to
          extending  the expiration thereof; to amend chapter 688 of the laws of
          2003, amending the executive law relating to enacting  the  interstate
          compact  for adult offender supervision, in relation to the effective-
          ness thereof; to amend chapter 56 of the laws of  2009,  amending  the
          correction law relating to limiting the closing of certain correction-
          al  facilities, providing for the custody by the department of correc-
          tional services of inmates serving definite sentences,  providing  for
          custody  of  federal  prisoners  and  requiring the closing of certain
          correctional facilities, in relation  to  the  effectiveness  of  such
          chapter;  to  amend chapter 152 of the laws of 2001 amending the mili-
          tary law relating to military  funds  of  the  organized  militia,  in
          relation  to  the  effectiveness  thereof; to amend chapter 554 of the
          laws of 1986, amending the correction law and the penal  law  relating
          to  providing  for community treatment facilities and establishing the

        S. 2505--C                          3                         A. 3005--C
 
          crime of absconding from the community treatment facility, in relation
          to the effectiveness thereof; and to amend chapter 55 of the  laws  of
          2018, amending the criminal procedure law relating to the pre-criminal
          proceeding  settlements  in  the  City of New York, in relation to the
          effectiveness thereof  (Part  A);  to  amend  the  executive  law,  in
          relation  to  the  administration of certain grant funds to and by the
          office for the prevention of domestic violence (Part B); intentionally
          omitted (Part C); intentionally omitted (Part D); intentionally  omit-
          ted  (Part  E);  intentionally omitted (Part F); Intentionally omitted
          (Part G); intentionally omitted (Part H); intentionally omitted  (Part
          I); intentionally omitted (Part J); intentionally omitted (Part K); to
          amend  the  executive  law,  in relation to monitoring compliance with
          executive order two hundred three; and providing  for  the  repeal  of
          such  provisions  upon expiration thereof (Part L); in relation to the
          closure of correctional facilities; and providing for  the  repeal  of
          such  provisions  upon  the expiration thereof (Part M); intentionally
          omitted (Part N); intentionally omitted (Part O); to amend chapter 268
          of the laws of 1996, amending the education law and the state  finance
          law  relating  to  providing  a  recruitment  incentive  and retention
          program for certain active members  of  the  New  York  army  national
          guard,  New  York  air  national guard, and New York naval militia, in
          relation to the effectiveness of such chapter (Part P);  intentionally
          omitted  (Part Q); intentionally omitted (Part R); intentionally omit-
          ted (Part S); intentionally omitted (Part  T);  intentionally  omitted
          (Part  U); intentionally omitted (Part V); intentionally omitted (Part
          W); intentionally omitted (Part X); intentionally  omitted  (Part  Y);
          intentionally  omitted  (Part  Z); intentionally omitted (Part AA); to
          amend the state  finance  law  and  the  public  authorities  law,  in
          relation  to  enacting  the "New York medical supplies act" (Part BB);
          intentionally omitted (Part  CC);  intentionally  omitted  (Part  DD);
          intentionally  omitted  (Part  EE);  intentionally  omitted (Part FF);
          intentionally omitted (Part  GG);  intentionally  omitted  (Part  HH);
          intentionally  omitted  (Part II); intentionally omitted (Part JJ); to
          amend the state finance law, in relation to video lottery terminal aid
          (Part KK); intentionally  omitted  (Part  LL);  intentionally  omitted
          (Part  MM);  intentionally  omitted  (Part  NN); intentionally omitted
          (Part OO); intentionally  omitted  (Part  PP);  intentionally  omitted
          (Part  QQ); to amend chapter 83 of the laws of 1995 amending the state
          finance law and other laws relating to bonds, notes and  revenues,  in
          relation to the effectiveness of certain provisions thereof (Part RR);
          to amend chapter 1 of the laws of 2005, amending the state finance law
          relating  to  restricting  contacts in the procurement process and the
          recording of contacts relating thereto, in relation to the  effective-
          ness thereof (Part SS); intentionally omitted (Part TT); intentionally
          omitted  (Part  UU);  to  amend  the civil service law, in relation to
          compensation, benefits and other terms and conditions of employment of
          members of the agency police services unit; to amend the state finance
          law, in relation to the employee benefit fund for certain  members  of
          the agency police services unit; to implement an agreement or interest
          arbitration  award  between  the  state  and the employee organization
          representing the members of the agency police services unit; making an
          appropriation for the purpose of effectuating certain provisions ther-
          eof; and to repeal certain provisions of the civil service law  relat-
          ing thereto (Part VV); to amend the real property tax law, in relation
          to  authorizing  an  exemption  for  class one capital improvements to
          residential buildings  and  certain  new  construction  in  a  special

        S. 2505--C                          4                         A. 3005--C
 
          assessing  unit  that  is  not a city; and providing for the repeal of
          such provisions upon  the  expiration  thereof  (Part  WW);  to  amend
          subpart  H  of part C of chapter 20 of the laws of 2015, appropriating
          money  for  certain  municipal  corporations  and school districts, in
          relation to funding to local government entities from the urban devel-
          opment corporation, and in relation to the effectiveness thereof (Part
          XX); to amend part OO of chapter 54 of the laws of 2016, amending  the
          public  authorities  law relating to procurements by the New York city
          transit authority and the metropolitan  transportation  authority,  in
          relation  to the  effectiveness  thereof (Part YY); to amend the envi-
          ronmental conservation law, in relation to establishing a deer hunting
          pilot program; and providing for the repeal of  such  provisions  upon
          expiration  thereof (Part ZZ); to authorize the grant of certain ease-
          ments to Alle-Catt Wind Energy LLC on a portion of real property with-
          in the Farmersville State Forest, Swift Hill State  Forest,  and  Lost
          Nation  State  Forest in the county of Allegany; and providing for the
          repeal of such provisions upon the expiration thereof (Part  AAA);  to
          amend  the  environmental  conservation  law and the executive law, in
          relation to making technical  amendments  related  to  the  office  of
          renewable  energy siting, and in relation to establishing the farmland
          protection working  group  (Part  BBB);  to  amend  the  environmental
          conservation  law,  in  relation to clean vehicle projects (Part CCC);
          and to amend the public authorities law,  in  relation  to  the  clean
          energy resources development and incentives program; and providing for
          the repeal of such provisions upon expiration thereof (Part DDD)
 
          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 public protection and general govern-
     3  ment budget for the 2021-2022 state fiscal year. Each component is whol-
     4  ly contained within a Part identified as Parts A through DDD. The effec-
     5  tive date for each particular provision contained within  such  Part  is
     6  set forth in the last section of such Part. Any provision in any section
     7  contained within a Part, including the effective date of the Part, which
     8  makes  a  reference  to a section "of this act", when used in connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding section of the Part in which it is found. Section three of
    11  this act sets forth the general effective date of this act.
 
    12                                   PART A
 
    13    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
    14  correction  law  relating to the psychological testing of candidates, as
    15  amended by section 1 of part A of chapter 55 of the  laws  of  2020,  is
    16  amended to read as follows:
    17    § 2. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law and shall remain in effect until September 1,
    19  [2021] 2023.
    20    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
    21  tive  law  and  the  criminal  procedure  law  relating to expanding the
    22  geographic area of employment of certain police officers, as amended  by
    23  section  2  of  part  A of chapter 55 of the laws of 2020, is amended to
    24  read as follows:

        S. 2505--C                          5                         A. 3005--C
 
     1    § 3. This act shall take effect on the  first  day  of  November  next
     2  succeeding  the  date  on  which  it  shall have become a law, and shall
     3  remain in effect until the first day of September, [2021] 2023, when  it
     4  shall expire and be deemed repealed.
     5    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
     6  correction law and the penal  law  relating  to  prisoner  furloughs  in
     7  certain  cases  and  the  crime  of  absconding therefrom, as amended by
     8  section 3 of part A of chapter 55 of the laws of  2020,  is  amended  to
     9  read as follows:
    10    §  3.  This act shall take effect 60 days after it shall have become a
    11  law and shall remain in effect until September 1, [2021] 2023.
    12    § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
    13  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    14  other  chapters and laws relating to correctional facilities, as amended
    15  by section 4 of part A of chapter 55 of the laws of 2020, is amended  to
    16  read as follows:
    17    § 20. This act shall take effect immediately except that section thir-
    18  teen  of  this  act shall expire and be of no further force or effect on
    19  and after September 1, [2021]  2023  and  shall  not  apply  to  persons
    20  committed to the custody of the department after such date, and provided
    21  further  that  the commissioner of corrections and community supervision
    22  shall report each January first and July first during such time  as  the
    23  earned  eligibility  program is in effect, to the chairmen of the senate
    24  crime victims, crime and correction committee, the senate codes  commit-
    25  tee,  the  assembly correction committee, and the assembly codes commit-
    26  tee, the standards in effect for earned  eligibility  during  the  prior
    27  six-month  period,  the  number  of inmates subject to the provisions of
    28  earned eligibility, the number who  actually  received  certificates  of
    29  earned  eligibility  during  that  period of time, the number of inmates
    30  with certificates who are granted parole upon their first  consideration
    31  for  parole,  the  number  with  certificates who are denied parole upon
    32  their first consideration, and the number  of  individuals  granted  and
    33  denied parole who did not have earned eligibility certificates.
    34    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    35  amending  the tax law and other laws relating to taxes, surcharges, fees
    36  and funding, as amended by section 5 of part A of chapter 55 of the laws
    37  of 2020, is amended to read as follows:
    38    (q) the provisions of section two  hundred  eighty-four  of  this  act
    39  shall  remain in effect until September 1, [2021] 2023 and be applicable
    40  to all persons entering the program on or before August 31, [2021] 2023.
    41    § 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
    42  correction  law  and  the  penal  law  relating  to inmate work release,
    43  furlough and leave, as amended by section 6 of part A of chapter  55  of
    44  the laws of 2020, is amended to read as follows:
    45    §  10. This act shall take effect 30 days after it shall have become a
    46  law and shall remain in effect  until  September  1,  [2021]  2023,  and
    47  provided  further  that  the commissioner of correctional services shall
    48  report each January first, and July first, to the chairman of the senate
    49  crime victims, crime and correction committee, the senate codes  commit-
    50  tee,  the  assembly correction committee, and the assembly codes commit-
    51  tee, the number of eligible inmates in each facility under  the  custody
    52  and  control  of  the commissioner who have applied for participation in
    53  any program offered under the provisions of work release,  furlough,  or
    54  leave, and the number of such inmates who have been approved for partic-
    55  ipation.

        S. 2505--C                          6                         A. 3005--C
 
     1    §  7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
     2  relating to certain provisions which impact upon expenditure of  certain
     3  appropriations  made  by  chapter  50  of the laws of 1994, enacting the
     4  state operations budget, as amended by section 7 of part A of chapter 55
     5  of the laws of 2020, is amended to read as follows:
     6    (c)  sections forty-one and forty-two of this act shall expire Septem-
     7  ber 1, [2021] 2023; provided, that the provisions of  section  forty-two
     8  of  this act shall apply to inmates entering the work release program on
     9  or after such effective date; and
    10    § 8. Subdivision h of section 74 of chapter 3 of  the  laws  of  1995,
    11  amending the correction law and other laws relating to the incarceration
    12  fee,  as  amended  by  section  8 of part A of chapter 55 of the laws of
    13  2020, is amended to read as follows:
    14    h. Section fifty-two of this act shall be deemed to have been in  full
    15  force and effect on and after April 1, 1995; provided, however, that the
    16  provisions  of  section 189 of the correction law, as amended by section
    17  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
    18  as amended by section fifty-six of this act, and section fifty-seven  of
    19  this  act shall expire September 1, [2021] 2023, when upon such date the
    20  amendments to the correction law and penal law made by  sections  fifty-
    21  five  and  fifty-six  of  this act shall revert to and be read as if the
    22  provisions of this act had not been  enacted;  provided,  however,  that
    23  sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
    24  deemed to have been in full force and effect on and after March 1,  1995
    25  and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
    26  provisions of subsection (e) of section 9110 of the  insurance  law  and
    27  subdivision  2  of section 89-d of the state finance law shall revert to
    28  and be read as set out in law on  the  date  immediately  preceding  the
    29  effective date of sections sixty-two and sixty-three of this act;
    30    §  9.  Subdivision (c) of section 49 of subpart A of part C of chapter
    31  62 of the laws of 2011, amending the correction law  and  the  executive
    32  law  relating  to  merging  the  department of correctional services and
    33  division of parole into the  department  of  corrections  and  community
    34  supervision, as amended by section 9 of part A of chapter 55 of the laws
    35  of 2020, is amended to read as follows:
    36    (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
    37  correction law as added by section thirty-two of this act  shall  remain
    38  in  effect  until  September 1, [2021] 2023, when it shall expire and be
    39  deemed repealed;
    40    § 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
    41  1992, amending the tax law and other laws relating to taxes, surcharges,
    42  fees  and  funding,  as amended by section 10 of part A of chapter 55 of
    43  the laws of 2020, is amended to read as follows:
    44    (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
    45  hundred  eighty-three  and  three  hundred eighty-four of this act shall
    46  expire on September 1, [2021] 2023;
    47    § 11. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
    48  correction  law,  the New York city criminal court act and the executive
    49  law relating to prison and jail housing and  alternatives  to  detention
    50  and  incarceration programs, as amended by section 11 of part A of chap-
    51  ter 55 of the laws of 2020, is amended to read as follows:
    52    § 12.  This  act  shall  take  effect  immediately,  except  that  the
    53  provisions  of sections one through ten of this act shall remain in full
    54  force and effect until September 1, [2021]  2023  on  which  date  those
    55  provisions shall be deemed to be repealed.

        S. 2505--C                          7                         A. 3005--C
 
     1    §  12.  Subdivision  (p)  of section 406 of chapter 166 of the laws of
     2  1991, amending the tax law and other laws relating to taxes, as  amended
     3  by section 12 of part A of chapter 55 of the laws of 2020, is amended to
     4  read as follows:
     5    (p) The amendments to section 1809 of the vehicle and traffic law made
     6  by sections three hundred thirty-seven and three hundred thirty-eight of
     7  this  act  shall not apply to any offense committed prior to such effec-
     8  tive date; provided, further, that section three  hundred  forty-one  of
     9  this act shall take effect immediately and shall expire November 1, 1993
    10  at  which  time  it  shall  be  deemed  repealed; sections three hundred
    11  forty-five and three hundred forty-six of this  act  shall  take  effect
    12  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
    13  six, three hundred fifty-seven and three hundred fifty-nine of this  act
    14  shall  take  effect immediately and shall expire June 30, 1995 and shall
    15  revert to and be read as if this act had not been enacted; section three
    16  hundred fifty-eight of this act shall take effect immediately and  shall
    17  expire  June 30, 1998 and shall revert to and be read as if this act had
    18  not been enacted; section three hundred sixty-four through three hundred
    19  sixty-seven of this act shall apply to claims filed  on  or  after  such
    20  effective  date; sections three hundred sixty-nine, three hundred seven-
    21  ty-two, three hundred seventy-three, three hundred  seventy-four,  three
    22  hundred  seventy-five  and  three  hundred seventy-six of this act shall
    23  remain in effect until September 1, [2021]  2023,  at  which  time  they
    24  shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
    25  surcharge provided in section three hundred  seventy-four  of  this  act
    26  shall  apply  to parking violations occurring on or after said effective
    27  date; and provided further that the amendments made to  section  235  of
    28  the vehicle and traffic law by section three hundred seventy-two of this
    29  act,  the amendments made to section 1809 of the vehicle and traffic law
    30  by sections three hundred thirty-seven and three hundred thirty-eight of
    31  this act and the amendments made to section 215-a of the  labor  law  by
    32  section three hundred seventy-five of this act shall expire on September
    33  1,  [2021]  2023  and upon such date the provisions of such subdivisions
    34  and sections shall revert to and be read as if the  provisions  of  this
    35  act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
    36  section 400.05 of the penal law made by sections three hundred  seventy-
    37  seven  and  three hundred seventy-eight of this act shall expire on July
    38  1, 1992 and upon such date the provisions  of  such  subdivisions  shall
    39  revert  and  shall be read as if the provisions of this act had not been
    40  enacted; the state board of law examiners shall take such action  as  is
    41  necessary to assure that all applicants for examination for admission to
    42  practice  as  an  attorney and counsellor at law shall pay the increased
    43  examination fee provided for by the amendment made to section 465 of the
    44  judiciary law by section three hundred eighty of this act for any  exam-
    45  ination given on or after the effective date of this act notwithstanding
    46  that an applicant for such examination may have prepaid a lesser fee for
    47  such examination as required by the provisions of such section 465 as of
    48  the  date  prior  to  the  effective date of this act; the provisions of
    49  section 306-a of the civil practice law and rules as  added  by  section
    50  three  hundred eighty-one of this act shall apply to all actions pending
    51  on or commenced on or after September 1, 1991, provided,  however,  that
    52  for  the  purposes of this section service of such summons made prior to
    53  such date shall be deemed to have been completed on September  1,  1991;
    54  the  provisions  of section three hundred eighty-three of this act shall
    55  apply to all money deposited  in  connection  with  a  cash  bail  or  a
    56  partially  secured  bail  bond  on or after such effective date; and the

        S. 2505--C                          8                         A. 3005--C
 
     1  provisions of sections  three  hundred  eighty-four  and  three  hundred
     2  eighty-five  of  this  act  shall  apply  only to jury service commenced
     3  during a judicial term beginning on or after the effective date of  this
     4  act; provided, however, that nothing contained herein shall be deemed to
     5  affect  the  application,  qualification,  expiration  or  repeal of any
     6  provision of law amended by any section of this act and such  provisions
     7  shall  be  applied or qualified or shall expire or be deemed repealed in
     8  the same manner, to the same extent and on the same date as the case may
     9  be as otherwise provided by law;
    10    § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    11  amended by section 13 of part A of chapter 55 of the laws  of  2020,  is
    12  amended to read as follows:
    13    8. The provisions of this section shall only apply to offenses commit-
    14  ted   on   or   before   September   first,  two  thousand  [twenty-one]
    15  twenty-three.
    16    § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    17  cle and traffic law relating to the ignition interlock  device  program,
    18  as amended by section 14 of part A of chapter 55 of the laws of 2020, is
    19  amended to read as follows:
    20    §  6.  This  act  shall  take  effect  on  the first day of April next
    21  succeeding the date on which it  shall  have  become  a  law;  provided,
    22  however,  that  effective immediately, the addition, amendment or repeal
    23  of any rule or regulation necessary for the implementation of the  fore-
    24  going  sections  of  this  act on their effective date is authorized and
    25  directed to be made and completed on or before such effective  date  and
    26  shall  remain in full force and effect until the first day of September,
    27  [2021] 2023 when upon such date the provisions  of  this  act  shall  be
    28  deemed repealed.
    29    § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    30  laws of 1997, amending the military law and other laws relating to vari-
    31  ous  provisions, as amended by section 15 of part A of chapter 55 of the
    32  laws of 2020, is amended to read as follows:
    33    a. sections forty-three through forty-five of this  act  shall  expire
    34  and be deemed repealed on September 1, [2021] 2023;
    35    § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
    36  the civil practice law and rules and the court of claims act relating to
    37  prisoner  litigation reform, as amended by section 16 of part A of chap-
    38  ter 55 of the laws of 2020, is amended to read as follows:
    39    § 4. This act shall take effect 120 days after it shall have become  a
    40  law  and shall remain in full force and effect until September 1, [2021]
    41  2023, when upon such date it shall expire.
    42    § 17. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
    43  constituting  the  family  protection and domestic violence intervention
    44  act of 1994, as amended by section 17 of part A of  chapter  55  of  the
    45  laws of 2020, is amended to read as follows:
    46    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
    47  added by section thirty-two of this act shall  take  effect  January  1,
    48  1996  and  shall  expire  and  be deemed repealed on September 1, [2021]
    49  2023.
    50    § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    51  inal procedure law relating to the use of closed-circuit television  and
    52  other  protective  measures  for  certain child witnesses, as amended by
    53  section 18 of part A of chapter 55 of the laws of 2020,  is  amended  to
    54  read as follows:
    55    §  5.  This  act  shall take effect immediately and shall apply to all
    56  criminal actions and proceedings commenced prior to the  effective  date

        S. 2505--C                          9                         A. 3005--C
 
     1  of  this  act  but  still  pending  on such date as well as all criminal
     2  actions and proceedings commenced on or after such  effective  date  and
     3  its provisions shall expire on  September 1, [2021] 2023, when upon such
     4  date the provisions of this act shall be deemed repealed.
     5    §  19.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
     6  enacting the sentencing reform act of 1995, as amended by section 19  of
     7  part A of chapter 55 of the laws of 2020, is amended to read as follows:
     8    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
     9  thirty through thirty-nine, forty-two and forty-four of this  act  shall
    10  be deemed repealed on September 1, [2021] 2023;
    11    § 20. Section 2 of chapter 689 of the laws of 1993, amending the crim-
    12  inal  procedure  law  relating to electronic court appearance in certain
    13  counties, as amended by section 20 of part A of chapter 55 of  the  laws
    14  of 2020, is amended to read as follows:
    15    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    16  provisions of this act shall be deemed to have been in  full  force  and
    17  effect  since  July  1, 1992 and the provisions of this act shall expire
    18  September 1, [2021] 2023 when upon such date the provisions of this  act
    19  shall be deemed repealed.
    20    § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    21  utive law relating to enacting the interstate compact for adult offender
    22  supervision,  as  amended  by  section 21 of part A of chapter 55 of the
    23  laws of 2020, is amended to read as follows:
    24    § 3. This act shall take effect immediately, except that  section  one
    25  of  this  act  shall take effect on the first of January next succeeding
    26  the date on which it shall have become a law, and shall remain in effect
    27  until the first of September, [2021] 2023,  upon  which  date  this  act
    28  shall  be deemed repealed and have no further force and effect; provided
    29  that section one of this act shall only take effect with respect to  any
    30  compacting  state  which  has  enacted  an  interstate  compact entitled
    31  "Interstate compact for adult offender supervision" and having an  iden-
    32  tical  effect  to  that  added  by  section one of this act and provided
    33  further that with respect to any such compacting state, upon the  effec-
    34  tive date of section one of this act, section 259-m of the executive law
    35  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
    36  added by section one of  this  act,  shall  take  effect;  and  provided
    37  further  that  with respect to any state which has not enacted an inter-
    38  state compact entitled "Interstate compact  for  adult  offender  super-
    39  vision"  and  having an identical effect to that added by section one of
    40  this act, section 259-m of the executive law shall take effect  and  the
    41  provisions  of  section one of this act, with respect to any such state,
    42  shall have no force or effect until such time as such state shall  adopt
    43  an  interstate  compact  entitled "Interstate compact for adult offender
    44  supervision" and having an identical effect to that added by section one
    45  of this act in which case, with respect to such state,  effective  imme-
    46  diately,  section  259-m  of  the  executive  law is deemed repealed and
    47  section 259-mm of the executive law, as added by  section  one  of  this
    48  act, shall take effect.
    49    §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
    50  the correction law relating to limiting the closing of  certain  correc-
    51  tional  facilities,  providing  for  the  custody  by  the department of
    52  correctional services of inmates serving definite  sentences,  providing
    53  for  custody  of  federal prisoners and requiring the closing of certain
    54  correctional facilities, as amended by section 22 of part A  of  chapter
    55  55 of the laws of 2020, is amended to read as follows:

        S. 2505--C                         10                         A. 3005--C
 
     1    §  8.  This  act shall take effect immediately; provided, however that
     2  sections five and six of this act shall expire and  be  deemed  repealed
     3  September 1, [2021] 2023.
     4    § 23. Section 3 of part C of chapter 152 of the laws of 2001, amending
     5  the military law relating to military funds of the organized militia, as
     6  amended  by  section  23 of part A of chapter 55 of the laws of 2020, is
     7  amended to read as follows:
     8    § 3. This act shall take effect immediately; provided however that the
     9  amendments made to subdivision 1 of section 221 of the military  law  by
    10  section two of this act shall expire and be deemed repealed September 1,
    11  [2021] 2023.
    12    §  24.  Section  5  of  chapter  554 of the laws of 1986, amending the
    13  correction law and the penal law relating  to  providing  for  community
    14  treatment  facilities  and establishing the crime of absconding from the
    15  community treatment facility, as amended by section  24  of  part  A  of
    16  chapter 55 of the laws of 2020, is amended to read as follows:
    17    §  5.  This act shall take effect immediately and shall remain in full
    18  force and effect until September 1, [2021] 2023,  and  provided  further
    19  that the commissioner of correctional services shall report each January
    20  first  and July first during such time as this legislation is in effect,
    21  to the chairmen of  the  senate  crime  victims,  crime  and  correction
    22  committee,  the  senate codes committee, the assembly correction commit-
    23  tee, and the assembly codes committee, the number of individuals who are
    24  released to community treatment facilities during the previous six-month
    25  period, including the total number for each date at  each  facility  who
    26  are  not residing within the facility, but who are required to report to
    27  the facility on a daily or less frequent basis.
    28    § 25. Section 2 of part F of chapter 55 of the laws of 2018,  amending
    29  the  criminal  procedure law relating to pre-criminal proceeding settle-
    30  ments in the city of New York, as amended by section 25  of  part  A  of
    31  chapter 55 of the laws of 2020, is amended to read as follows:
    32    §  2.  This act shall take effect immediately and shall remain in full
    33  force and effect until March 31, [2021] 2023, when it shall  expire  and
    34  be deemed repealed.
    35    §  26.  This  act shall take effect immediately, provided however that
    36  section twenty-five of this act shall be deemed to  have  been  in  full
    37  force and effect on and after March 31, 2021.
 
    38                                   PART B
 
    39    Section  1.  Subdivisions  3,  4 and 5 of section 575 of the executive
    40  law, subdivisions 3 and 5 as added by chapter 463 of the laws  of  1992,
    41  paragraph  (e) of subdivision 3 as amended by chapter 368 of the laws of
    42  1997, paragraph (l) of subdivision 3 as added by chapter 339 of the laws
    43  of 2011, paragraph (m) of subdivision  3  as  added,  paragraph  (n)  of
    44  subdivision  3  as  relettered  and  paragraph  (b)  of subdivision 4 as
    45  amended by chapter 204 of the laws of 2020 and subdivision 4 as  amended
    46  by  section  1 of part A of chapter 491 of the laws of 2012, are amended
    47  to read as follows:
    48    3. Activities. In addition, the office  shall  develop  and  implement
    49  policies  and  programs  designed to assist victims of domestic violence
    50  and their families, and to provide education  and  prevention,  training
    51  and  technical  assistance.  Such  domestic  violence-related activities
    52  shall include, but not be limited to:
    53    (a) Serving as a clearinghouse for information and materials;

        S. 2505--C                         11                         A. 3005--C
 
     1    (b) Developing and coordinating community outreach and  public  educa-
     2  tion throughout the state;
     3    (c) Developing and delivering training to professionals, including but
     4  not limited to professionals in the fields of:
     5    (i) domestic violence;
     6    (ii) health and mental health;
     7    (iii) social and human services;
     8    (iv) public education;
     9    (v) law enforcement and criminal justice;
    10    (vi) alcohol and substance abuse[.];
    11    (d) Developing and promoting school-based prevention programs;
    12    (e)  Providing  technical  assistance  to  state  and local government
    13  bodies and other agencies and to private not-for-profit corporations, on
    14  effective policies and responses to domestic violence, including  devel-
    15  opment of [a] model domestic violence policies, pursuant to subdivisions
    16  seven, eight and nine of this section;
    17    (f)  Promoting  and  facilitating  interagency cooperation among state
    18  agencies and intergovernmental cooperation between different  levels  of
    19  government in the state in the delivery and/or funding of services;
    20    (g)  Operating  as  an  advocate  for  domestic  violence services and
    21  victims;
    22    (h) Undertaking program and services  needs  assessments  on  its  own
    23  initiative or at the request of the governor, the legislature or service
    24  providers;
    25    (i)  Examining  the  relationship  between domestic violence and other
    26  problems and making recommendations for effective policy response;
    27    (j) Collecting data, conducting research, and holding public hearings;
    28    (k) Making periodic reports to the governor and the legislature recom-
    29  mending policy and program directions and reviewing  the  activities  of
    30  the office;
    31    (l) Developing and promoting senior center based prevention programs;
    32    (m) promoting best practices for abusive partner intervention;
    33    (n)  Administering  grant  funds  appropriated  and  made available to
    34  support compliance with article one hundred twenty-nine-b of the  educa-
    35  tion  law; and undertaking such actions, duties, and responsibilities as
    36  may be necessary to serve the purpose of  article  one  hundred  twenty-
    37  nine-b of the education law; and
    38    (o)  Any  other activities including the making of and promulgation of
    39  rules and regulations deemed necessary to facilitate the  prevention  of
    40  domestic violence within the scope and purview of this article which are
    41  not otherwise inconsistent with any other provisions of law.
    42    4.  Advisory council. (a) An advisory council is hereby established to
    43  make  recommendations  on domestic violence related issues and effective
    44  strategies for the prevention of domestic violence,  to  assist  in  the
    45  development  of appropriate policies and priorities for effective inter-
    46  vention, public education and advocacy, and  to  facilitate  and  assure
    47  communication  and  coordination  of  efforts  among  state agencies and
    48  between different levels of government, state, federal,  and  municipal,
    49  for the prevention of domestic violence.
    50    (b)  The  advisory council shall consist of nine members and seventeen
    51  ex-officio members. Each member shall be appointed to serve for  a  term
    52  of  three years and shall continue in office until a successor appointed
    53  member is made. A member appointed to fill a vacancy shall be  appointed
    54  for the unexpired term of the member he or she is to succeed. All of the
    55  members  shall  be  individuals  with  expertise in the area of domestic
    56  violence. Three members shall be appointed by the governor, two  members

        S. 2505--C                         12                         A. 3005--C
 
     1  shall be appointed upon the recommendation of the temporary president of
     2  the  senate,  two  members shall be appointed upon the recommendation of
     3  the speaker of the assembly, one member  shall  be  appointed  upon  the
     4  recommendation  of  the  minority  leader  of the senate, and one member
     5  shall be appointed upon the recommendation of the minority leader of the
     6  assembly. The ex-officio members of the advisory board shall consist  of
     7  the director of the office, who shall chair the council, and the follow-
     8  ing members or their designees: the commissioner of the office of tempo-
     9  rary  and  disability  assistance; the commissioner of the department of
    10  health; the commissioner of the education department;  the  commissioner
    11  of the office of mental health; the commissioner of the office of [alco-
    12  holism and substance abuse] addiction services and supports; the commis-
    13  sioner  of the division of criminal justice services; the superintendent
    14  of the division of state police; the director of the office of probation
    15  and correctional alternatives; the commissioner of the office  of  chil-
    16  dren and family services; the director of the office of victim services;
    17  the  chief  administrative  judge of the office of court administration;
    18  the commissioner of the department of labor; the director of  the  state
    19  office  for the aging; the commissioner of the department of corrections
    20  and community supervision;  the  commissioner  of  homes  and  community
    21  renewal;  the  chief  executive  officer of the New York state coalition
    22  against domestic violence; and the executive director of  the  New  York
    23  state coalition against sexual assault.
    24    (c)  The  advisory  council shall meet as often as deemed necessary by
    25  the chair but in no event less than two times per year.
    26    (d) The members of the advisory council shall  receive  no  salary  or
    27  other   compensation  for  their  services  but  shall  be  entitled  to
    28  reimbursement for actual and necessary expenses incurred in the perform-
    29  ance of their duties within  amounts  made  available  by  appropriation
    30  therefor  subject  to  the  approval  of the director of the budget. The
    31  ex-officio members of the advisory council shall receive  no  additional
    32  compensation for their services on the advisory council above the salary
    33  they  receive  from  the respective departments or divisions that employ
    34  them.
    35    5.  Executive director. (a) The governor shall  appoint  an  executive
    36  director of the office who shall serve at the pleasure of the governor.
    37    (b) The executive director shall receive an annual salary fixed by the
    38  governor within the amounts appropriated specifically therefor and shall
    39  be  entitled  to  reimbursement  for  reasonable  expenses  incurred  in
    40  connection with the performance of the director's duties.
    41    (c) The director of the office, with the approval of the governor, may
    42  accept as agent of the state any grant, including federal grants, or any
    43  gift or donation for any of the purposes of this article.  Any moneys so
    44  received may be expended by the office to effectuate any purpose of this
    45  article, subject to the applicable provisions of the state finance law.
    46    (d) The executive director shall appoint staff and perform such  other
    47  functions to ensure the efficient operation of the office.
    48    § 2. This act shall take effect immediately.
 
    49                                   PART C

    50                            Intentionally Omitted
 
    51                                   PART D
 
    52                            Intentionally Omitted

        S. 2505--C                         13                         A. 3005--C
 
     1                                   PART E
 
     2                            Intentionally Omitted
 
     3                                   PART F
 
     4                            Intentionally Omitted
 
     5                                   PART G
 
     6                            Intentionally omitted
 
     7                                   PART H
 
     8                            Intentionally Omitted
 
     9                                   PART I
 
    10                            Intentionally Omitted
 
    11                                   PART J
 
    12                            Intentionally Omitted
 
    13                                   PART K

    14                            Intentionally Omitted
 
    15                                   PART L
 
    16    Section  1. Section 63 of the executive law is amended by adding a new
    17  subdivision 17 to read as follows:
    18    17. (a) Any local government entity which has a police agency  operat-
    19  ing  with  police officers as defined under section 1.20 of the criminal
    20  procedure law that fails to transmit to the director of the division  of
    21  the  budget  the  certification  required  by executive order number two
    22  hundred three issued on June twelfth, two  thousand  twenty  and  titled
    23  "New  York  State  Police  Reform  and  Reinvention Collaborative" on or
    24  before April first, two thousand twenty-one shall, upon request  of  the
    25  governor  or  the director of the division of the budget, be required to
    26  install a monitor, to monitor and report monthly on  the  operations  of
    27  such  police agency, including but not limited to the monitor's observa-
    28  tions about interactions among the community and police agencies in such
    29  local government's jurisdiction,  until  such  time  that  the  required
    30  certification  is submitted to the director of the division of the budg-
    31  et. Such monitor shall be appointed by the attorney general, in  consul-
    32  tation with the governor, at the expense of the police agency or respon-
    33  sible  local government. Reports of the monitor shall be made public and
    34  the monitor shall promptly provide copies to the governor, the  attorney
    35  general,  the commissioner of the division of criminal justice services,
    36  the speaker of the assembly and the temporary president of  the  senate.
    37  The  attorney general shall promptly post such reports on the department
    38  of law website. The certification filed with the director of  the  divi-
    39  sion  of  the budget must affirm that such local government has complied
    40  with the process set forth in executive order number two  hundred  three
    41  by  adopting  a  local law or resolution that includes its plan to adopt

        S. 2505--C                         14                         A. 3005--C
 
     1  and implement the recommendations resulting from its review and  consul-
     2  tation  with  the  community  to  improve such police force deployments,
     3  strategies, policies, procedures, and  practices  for  the  purposes  of
     4  addressing the particular needs of the communities served by such police
     5  agency  and  promote community engagement to foster trust, fairness, and
     6  legitimacy, and to address any racial bias and disproportionate policing
     7  of communities of color.
     8    (b) The appointment of a monitor, pursuant to paragraph  (a)  of  this
     9  subdivision,  shall  be  imposed in addition to any withholding of up to
    10  fifty percent of any appropriated state or federal funds by the director
    11  of the division of the budget in accordance with the  authority  granted
    12  in  any  appropriations bill enacted for such fiscal years in which such
    13  withholding of funds occurs, as directed by executive order  number  two
    14  hundred  three. The director of the division of the budget shall discon-
    15  tinue and reverse any withholds made pursuant  to  this  provision  upon
    16  receipt of the certification required by Executive Order 203.
    17    §  2.  This  act shall take effect immediately and shall expire and be
    18  deemed repealed February 1, 2022.
 
    19                                   PART M
 
    20    Section 1.  Notwithstanding the provisions of sections 79-a  and  79-b
    21  of the correction  law, the governor is authorized to close correctional
    22  facilities  of  the department of corrections and community supervision,
    23  in the state fiscal year 2021-2022, as the  governor  determines  to  be
    24  necessary  for  the    cost-effective    and  efficient operation of the
    25  correctional system, provided that the governor  provides  at  least  90
    26  days notice prior to any such closures to the temporary president of the
    27  senate and  the  speaker of  the assembly. Such notice shall include the
    28  list  of facilities the governor plans to close, the number of incarcer-
    29  ated individuals in said facilities, and the number of staff working  in
    30  said  facilities.  The  commissioner of corrections and community super-
    31  vision shall also report in detail to the  temporary  president  of  the
    32  senate  and  the  speaker  of the assembly on the results of staff relo-
    33  cation efforts within 60 days after such closure.
    34    § 2. This act shall take effect immediately and  shall  be  deemed  to
    35  have  been in full force and effect on and after April 1, 2021 and shall
    36  expire and be deemed repealed March 31, 2022.
 
    37                                   PART N
 
    38                            Intentionally Omitted
 
    39                                   PART O
 
    40                            Intentionally Omitted

    41                                   PART P
 
    42    Section 1. Section 5 of chapter 268 of the laws of 1996, amending  the
    43  education law and the state finance law relating to providing a recruit-
    44  ment  incentive  and retention program for certain active members of the
    45  New York army national guard, New York air national guard, and New  York
    46  naval  militia,  as  amended by section 1 of part E of chapter 57 of the
    47  laws of 2016, is amended to read as follows:

        S. 2505--C                         15                         A. 3005--C
 
     1    § 5. This act shall take effect January 1, 1997 and shall  expire  and
     2  be  deemed  repealed  September 1, [2021] 2026; provided that any person
     3  who has begun to receive the benefits of this act prior to  its  expira-
     4  tion and repeal shall be entitled to continue to receive the benefits of
     5  this act after its expiration and repeal until completion of a baccalau-
     6  reate  degree  or  cessation  of  status  as an active member, whichever
     7  occurs first.
     8    § 2. This act shall take effect immediately.
 
     9                                   PART Q
 
    10                            Intentionally Omitted
 
    11                                   PART R
 
    12                            Intentionally Omitted
 
    13                                   PART S
 
    14                            Intentionally Omitted
 
    15                                   PART T
 
    16                            Intentionally Omitted
 
    17                                   PART U
 
    18                            Intentionally Omitted
 
    19                                   PART V
 
    20                            Intentionally Omitted
 
    21                                   PART W
 
    22                            Intentionally Omitted
 
    23                                   PART X
 
    24                            Intentionally Omitted
 
    25                                   PART Y
 
    26                            Intentionally Omitted
 
    27                                   PART Z
 
    28                            Intentionally Omitted
 
    29                                   PART AA
 
    30                            Intentionally Omitted
 
    31                                   PART BB

        S. 2505--C                         16                         A. 3005--C
 
     1    Section 1.  Short title. This act shall be known and may be  cited  as
     2  the "New York Medical Supplies Act".
     3    §  2.  The state finance law is amended by adding a new section 148 to
     4  read as follows:
     5    § 148. Certain contracts involving personal protective  equipment  and
     6  medical  supplies.  1.  Notwithstanding any other provisions of law, all
     7  contracts over fifty thousand dollars in value made and awarded  by  any
     8  department  or  agency of the state for the purchase of personal protec-
     9  tive equipment or medical  supplies  shall  require  that  the  personal
    10  protective  equipment  or  medical  supply  items be produced or made in
    11  whole or substantial part in the United States.
    12    2. For purposes of this section:
    13    (a) "personal protective equipment" means all equipment worn to  mini-
    14  mize exposure to medical hazards, including gloves, masks, face shields,
    15  eye  protection,  respirators,  medical  hair  and  shoe  coverings, and
    16  disposable gowns and aprons.
    17    (b) "medical supplies" means materials necessary to respond to  health
    18  emergencies  or pandemics, including and without limitation ventilators,
    19  medical test kits, and vaccines.
    20    (c) "United States" means  the  United  States,  its  territories,  or
    21  possessions.
    22    3.  The  provisions of this section shall not apply if the head of the
    23  department or agency purchasing the  personal  protective  equipment  or
    24  medical  supplies,  in  his or her sole discretion, determines that such
    25  provisions would not be in the  public  interest;  that  obtaining  such
    26  personal  protective  equipment or medical supplies in the United States
    27  would increase the cost of the contract by an unreasonable amount;  that
    28  such  personal  protective  equipment  or  medical  supplies  cannot  be
    29  produced or made in the  United  States  in  sufficient  and  reasonably
    30  available  quantities  and of satisfactory quality or design to meet the
    31  department's or  agency's  requirements;  or  that  purchasing  personal
    32  protective  equipment  or  medical  supplies manufactured outside of the
    33  United States is necessary to avoid a delay in the delivery of  critical
    34  services that could compromise the public welfare.
    35    4.  Nothing  in  this  section  is intended to contravene any existing
    36  treaties, laws, trade agreements, or regulations of the United States or
    37  subsequent trade agreements entered into between any  foreign  countries
    38  and the state or the United States.
    39    5.  Subject  to  the  provisions  of  this  section, the department of
    40  economic  development,  in  consultation  with  the  office  of  general
    41  services  and  the division of the budget, shall be authorized to estab-
    42  lish rules and regulations for  the  effective  administration  of  this
    43  section.
    44    §  3.  The  public  authorities law is amended by adding a new section
    45  2878-c to read as follows:
    46    § 2878-c. Certain contracts involving  personal  protective  equipment
    47  and  medical  supplies.  1. Notwithstanding any other provisions of law,
    48  all contracts over fifty thousand dollars in value made and  awarded  by
    49  any state authority for the purchase of personal protective equipment or
    50  medical supplies shall require that the personal protective equipment or
    51  medical supply items be produced or made in whole or substantial part in
    52  the United States.
    53    2. For purposes of this section:
    54    (a)  "personal protective equipment" means all equipment worn to mini-
    55  mize exposure to medical hazards, including gloves, masks, face shields,

        S. 2505--C                         17                         A. 3005--C
 
     1  eye protection,  respirators,  medical  hair  and  shoe  coverings,  and
     2  disposable gowns and aprons.
     3    (b)  "medical supplies" means materials necessary to respond to health
     4  emergencies or pandemics, including and without limitation  ventilators,
     5  medical test kits, and vaccines.
     6    (c)  "United  States"  means  the  United  States, its territories, or
     7  possessions.
     8    3. The provisions of this section shall not apply if the head  of  the
     9  state  authority purchasing the personal protective equipment or medical
    10  supplies, in his or her sole discretion, determines that such provisions
    11  would not be in  the  public  interest;  that  obtaining  such  personal
    12  protective  equipment  or  medical  supplies  in the United States would
    13  increase the cost of the contract by an unreasonable amount;  that  such
    14  personal  protective equipment or medical supplies cannot be produced or
    15  made in the United States in sufficient and reasonably available quanti-
    16  ties and of satisfactory quality or design to meet the state authority's
    17  requirements;  or  that  purchasing  personal  protective  equipment  or
    18  medical  supplies manufactured outside of the United States is necessary
    19  to avoid a delay in the delivery of critical services that could compro-
    20  mise the public welfare.
    21     4. Nothing in this section is intended  to  contravene  any  existing
    22  treaties, laws, trade agreements, or regulations of the United States or
    23  subsequent  trade  agreements entered into between any foreign countries
    24  and the state or the United States.
    25    5. Subject to the  provisions  of  this  section,  the  department  of
    26  economic  development,  in  consultation  with  the  office  of  general
    27  services and the division of the budget, shall be authorized  to  estab-
    28  lish  rules  and  regulations  for  the effective administration of this
    29  section.
    30    § 4. This act shall take effect April 1, 2021 and shall apply  to  any
    31  state  contracting  opportunities  advertised  on or after such date and
    32  shall exclude contracts for which an invitation  for  bid,  request  for
    33  proposal,  or  similar  solicitation  has  been issued prior to April 1,
    34  2021.
 
    35                                   PART CC
 
    36                            Intentionally Omitted
 
    37                                   PART DD
 
    38                            Intentionally Omitted
 
    39                                   PART EE
 
    40                            Intentionally Omitted
 
    41                                   PART FF
 
    42                            Intentionally Omitted
 
    43                                   PART GG

    44                            Intentionally Omitted
 
    45                                   PART HH

        S. 2505--C                         18                         A. 3005--C
 
     1                            Intentionally Omitted
 
     2                                   PART II
 
     3                            Intentionally Omitted
 
     4                                   PART JJ
 
     5                            Intentionally Omitted
 
     6                                   PART KK
 
     7    Section  1.  Paragraph b of subdivision 2 of section 54-l of the state
     8  finance law, as amended by section 1 of part X of chapter 55 of the laws
     9  of 2014, is amended to read as follows:
    10    b. Within the amounts appropriated therefor,  eligible  municipalities
    11  shall  receive  an  amount  equal  to  seventy  percent of the state aid
    12  payment received in the state fiscal year commencing  April  first,  two
    13  thousand  eight  from  an  appropriation  for aid to municipalities with
    14  video lottery gaming facilities, except as otherwise provided by  subdi-
    15  vision five of this section.
    16    §  2. Subdivision 5 of section 54-l of the state finance law, as added
    17  by section 5 of part S of chapter 39 of the laws of 2019, is amended  to
    18  read as follows:
    19    5. The town and county in which the facility defined in paragraph five
    20  of  subdivision  a of section sixteen hundred seventeen-a of the tax law
    21  is located shall receive  assistance  payments  made  pursuant  to  this
    22  section  at the same dollar level realized by the village of Monticello,
    23  Sullivan county, the town of Thompson,  Sullivan  county,  and  Sullivan
    24  county  in  the  state  fiscal year commencing April first, two thousand
    25  nineteen; provided however that the amount that  was  allocated  to  the
    26  village  of Monticello shall be distributed evenly between such town and
    27  such county.  [Each village in which the facility defined  in  paragraph
    28  five  of subdivision a of section sixteen hundred seventeen-a of the tax
    29  law is located shall receive assistance payments made pursuant  to  this
    30  section at the rate of fifty percent of the dollar level realized by the
    31  village  of  Monticello.] Any payments made pursuant to this subdivision
    32  shall not commence until the  facility  defined  in  paragraph  five  of
    33  subdivision  a of section sixteen hundred seventeen-a of the tax law has
    34  realized revenue for a period of twelve consecutive months.
    35    § 3. This act shall take effect immediately.

    36                                   PART LL
 
    37                            Intentionally Omitted
 
    38                                   PART MM
 
    39                            Intentionally Omitted
 
    40                                   PART NN
 
    41                            Intentionally Omitted
 
    42                                   PART OO

        S. 2505--C                         19                         A. 3005--C
 
     1                            Intentionally Omitted
 
     2                                   PART PP
 
     3                            Intentionally Omitted
 
     4                                   PART QQ
 
     5                            Intentionally Omitted
 
     6                                   PART RR
 
     7    Section  1.  Subdivision 5 of section 362 of chapter 83 of the laws of
     8  1995 amending the state finance law and other laws  relating  to  bonds,
     9  notes  and  revenues, as amended by section 1 of part F of chapter 57 of
    10  the laws of 2016, is amended to read as follows:
    11    5. Sections thirty-one through forty-two of this act shall take effect
    12  on the thirtieth day after it shall have  become  a  law  and  shall  be
    13  deemed to have been in full force and effect on and after April 1, 1995;
    14  provided  that section 163 of the state finance law, as added by section
    15  thirty-three of this act shall remain in full  force  and  effect  until
    16  June  30,  [2021]  2026  at  which  time  it  shall expire and be deemed
    17  repealed. Contracts executed prior to the expiration of such section 163
    18  shall remain in full force and effect until the expiration of  any  such
    19  contract  notwithstanding  the  expiration of certain provisions of this
    20  act.
    21    § 2. This act shall take effect immediately.

    22                                   PART SS
 
    23    Section 1. Section 16 of chapter 1 of the laws of 2005,  amending  the
    24  state  finance  law  relating to restricting contacts in the procurement
    25  process and the recording of contacts relating thereto,  as  amended  by
    26  section  2  of  part  F of chapter 57 of the laws of 2016, is amended to
    27  read as follows:
    28    § 16. This act shall take effect immediately; provided, however,  that
    29  sections  one,  six,  eight,  nine,  ten, eleven and fifteen of this act
    30  shall take effect January 1, 2006; and provided, however, the amendments
    31  to paragraph f of subdivision 9 of section 163 of the state finance  law
    32  made  by section fifteen of this act shall not affect the repeal of such
    33  section and shall be deemed repealed therewith; provided, further,  that
    34  the  amendments to article 1-A of the legislative law, made by this act,
    35  shall not affect the repeal of such article pursuant to chapter 2 of the
    36  laws of 1999, as  amended,  and  shall  be  deemed  repealed  therewith;
    37  provided, further, that sections thirteen and fourteen of this act shall
    38  take effect January 1, 2006 and shall be deemed repealed July 31, [2021]
    39  2026;  provided, further, that effective immediately, the advisory coun-
    40  cil on procurement lobbying created pursuant to section twelve  of  this
    41  act  shall  be constituted no later than sixty days following the effec-
    42  tive date of this act, provided that effective sixty days following  the
    43  effective date of this act, the advisory council on procurement lobbying
    44  shall  be  authorized  to  establish  model guidelines and to add, amend
    45  and/or repeal any rules or regulations necessary for the  implementation
    46  of  its  duties  under sections twelve and thirteen of this act, and the
    47  advisory council authorized to make and complete such  model  guidelines
    48  on  or  before  the  effective  date  of  section  thirteen of this act;

        S. 2505--C                         20                         A. 3005--C
 
     1  provided, further, that procurement contracts for  which  bid  solicita-
     2  tions  have been issued prior to the effective date of this act shall be
     3  awarded pursuant to the provisions of law in effect at the time of issu-
     4  ance.
     5    § 2. This act shall take effect immediately.
 
     6                                   PART TT
 
     7                            Intentionally Omitted
 
     8                                   PART UU
 
     9                            Intentionally Omitted
 
    10                                   PART VV
 
    11    Section  1.  Paragraph  h of subdivision 1 of section 130 of the civil
    12  service law is REPEALED and a new  paragraph  h  is  added  to  read  as
    13  follows:
    14    h.  Pursuant to the terms of an agreement entered into, or an interest
    15  arbitration award issued, pursuant to  article  fourteen  of  the  civil
    16  service  law  between  the  state  and an employee organization covering
    17  members of the collective negotiating  unit  designated  as  the  agency
    18  police  services  unit,  effective on the dates indicated, salary grades
    19  for such unit members shall be as follows:
    20    (1) Effective April first, two thousand fifteen:
 
    21           Perf. Perf. Perf. Perf. Perf.                              Long
    22            Ad-   Ad-   Ad-   Ad-   Ad-                               Max.
    23     Hir-  vance vance vance vance vance            10 Yr 15 Yr 20 Yr 25 Yr
    24     ing   Step  Step  Step  Step  Step  Job  Perf. Long  Long  Long  Long
    25  SG Rate    1     2     3     4     5   Rate  Adv. Step  Step  Step  Step
    26   1 28663 29671 30679 31687 32695 33703 34711 1008 36218 37724 40644 42151
    27   2 29540 30602 31664 32726 33788 34850 35912 1062 37506 39101 42106 43703
    28   3 30764 31872 32980 34088 35196 36304 37412 1108 39075 40737 43813 45477
    29   4 31940 33110 34280 35450 36620 37790 38960 1170 40710 42461 45619 47366
    30   5 33237 34465 35693 36921 38149 39377 40605 1228 42445 44285 47537 49377
    31   6 34736 36027 37318 38609 39900 41191 42482 1291 44420 46358 49710 51649
    32   7 36442 37787 39132 40477 41822 43167 44512 1345 46527 48541 51969 53984
    33   8 38238 39635 41032 42429 43826 45223 46620 1397 48713 50806 54312 56408
    34   9 40115 41572 43029 44486 45943 47400 48857 1457 51047 53237 56836 59023
    35  10 42133 43666 45199 46732 48265 49798 51331 1533 53625 55919 59621 61916
    36  11 44351 45946 47541 49136 50731 52326 53921 1595 56308 58695 62497 64886
    37  12 46560 48225 49890 51555 53220 54885 56550 1665 59048 61546 65458 67956
    38  13 49066 50804 52542 54280 56018 57756 59494 1738 62096 64698 68714 71316
    39  14 51622 53445 55268 57091 58914 60737 62560 1823 65285 68011 72151 74879
    40  15 54326 56222 58118 60014 61910 63806 65702 1896 68542 71381 75634 78473
    41  16 57131 59111 61091 63071 65051 67031 69011 1980 71980 74949 79327 82293
    42  17 60083 62169 64255 66341 68427 70513 72599 2086 75722 78845 83380 86504
    43  18 63238 65428 67618 69808 71998 74188 76378 2190 79660 82943 87642 90927
    44  19 66434 68722 71010 73298 75586 77874 80162 2288 83590 87018 91857 95285
    45  20 69606 71996 74386 76776 79166 81556 83946 2390 87534 91123 96119 99707
    46  21 73101 75594 78087 80580 83073 85566 88059 2493 91799 95540 100-  104-
    47                                                                687   426
    48  22 76762 79403 82044 84685 87326 89967 92608 2641 96562 100-  105-  109-

        S. 2505--C                         21                         A. 3005--C
 
     1                                                          515   880   835
     2  23 80663 83378 86093 88808 91523 94238 96953 2715 101-  105-  110-  114-
     3                                                    027   101   585   659
     4  24 84774 87590 90406 93222 96038 98854 101-  2816 105-  110-  115-  119-
     5                                         670        892   114   751   973
     6  25 89244 92182 95120 98058 100-  103-  106-  2938 111-  115-  121-  125-
     7                              996   934  872        276   681   494   896
 
     8    (2) Effective April first, two thousand sixteen:

     9           Perf. Perf. Perf. Perf. Perf.                              Long
    10            Ad-   Ad-   Ad-   Ad-   Ad-                               Max.
    11     Hir-  vance vance vance vance vance            10 Yr 15 Yr 20 Yr 25 Yr
    12     ing   Step  Step  Step  Step  Step  Job  Perf. Long  Long  Long  Long
    13  SG Rate    1     2     3     4     5   Rate  Adv. Step  Step  Step  Step
    14   1 29236 30264 31292 32320 33348 34376 35404 1028 36941 38477 41456 42993
    15   2 30131 31214 32297 33380 34463 35546 36629 1083 38255 39882 42947 44576
    16   3 31379 32509 33639 34769 35899 37029 38159 1130 39855 41551 44688 46385
    17   4 32579 33772 34965 36158 37351 38544 39737 1193 41522 43308 46529 48311
    18   5 33902 35155 36408 37661 38914 40167 41420 1253 43297 45174 48491 50367
    19   6 35431 36748 38065 39382 40699 42016 43333 1317 45310 47287 50706 52683
    20   7 37171 38543 39915 41287 42659 44031 45403 1372 47458 49513 53009 55064
    21   8 39003 40428 41853 43278 44703 46128 47553 1425 49688 51823 55399 57537
    22   9 40917 42403 43889 45375 46861 48347 49833 1486 52067 54301 57972 60202
    23  10 42976 44540 46104 47668 49232 50796 52360 1564 54700 57040 60816 63157
    24  11 45238 46865 48492 50119 51746 53373 55000 1627 57435 59869 63748 66184
    25  12 47491 49189 50887 52585 54283 55981 57679 1698 60227 62775 66765 69313
    26  13 50047 51820 53593 55366 57139 58912 60685 1773 63339 65993 70089 72743
    27  14 52654 54514 56374 58234 60094 61954 63814 1860 66594 69374 73597 76379
    28  15 55413 57347 59281 61215 63149 65083 67017 1934 69914 72810 77148 80043
    29  16 58274 60294 62314 64334 66354 68374 70394 2020 73422 76451 80916 83942
    30  17 61285 63413 65541 67669 69797 71925 74053 2128 77238 80424 85050 88236
    31  18 64503 66737 68971 71205 73439 75673 77907 2234 81255 84603 89396 92747
    32  19 67763 70097 72431 74765 77099 79433 81767 2334 85264 88760 93696 97192
    33  20 70998 73436 75874 78312 80750 83188 85626 2438 89286 92947 98042 101-
    34                                                                      702
    35  21 74563 77106 79649 82192 84735 87278 89821 2543 93636 97452 102-  106-
    36                                                                702   515
    37  22 78297 80991 83685 86379 89073 91767 94461 2694 98494 102-  107-  112-
    38                                                          526   998   033
    39  23 82276 85045 87814 90583 93352 96121 98890 2769 103-  107-  112-  116-
    40                                                    045   201   795   950
    41  24 86469 89341 92213 95085 97957 100-  103-  2872 108-  112-  118-  122-
    42                                    829  701        007   314   064   370
    43  25 91029 94026 97023 100-  103-  106-  109-  2997 113-  117-  123-  128-
    44                        020   017   014  011        503   996   925   415
 
    45    (3) Effective April first, two thousand seventeen:
 
    46           Perf. Perf. Perf. Perf. Perf.                              Long
    47            Ad-   Ad-   Ad-   Ad-   Ad-                               Max.
    48     Hir-  vance vance vance vance vance            10 Yr 15 Yr 20 Yr 25 Yr
    49     ing   Step  Step  Step  Step  Step  Job  Perf. Long  Long  Long  Long
    50  SG Rate    1     2     3     4     5   Rate  Adv. Step  Step  Step  Step
    51   1 29821 30870 31919 32968 34017 35066 36115 1049 37683 39249 42288 43856
    52   2 30734 31839 32944 34049 35154 36259 37364 1105 39023 40682 43808 45470

        S. 2505--C                         22                         A. 3005--C
 
     1   3 32007 33160 34313 35466 36619 37772 38925 1153 40655 42385 45585 47316
     2   4 33231 34448 35665 36882 38099 39316 40533 1217 42354 44175 47461 49278
     3   5 34580 35858 37136 38414 39692 40970 42248 1278 44163 46077 49460 51374
     4   6 36140 37483 38826 40169 41512 42855 44198 1343 46215 48231 51718 53735
     5   7 37914 39314 40714 42114 43514 44914 46314 1400 48410 50506 54072 56168
     6   8 39783 41237 42691 44145 45599 47053 48507 1454 50685 52862 56510 58691
     7   9 41735 43251 44767 46283 47799 49315 50831 1516 53110 55388 59133 61407
     8  10 43836 45431 47026 48621 50216 51811 53406 1595 55793 58180 62031 64419
     9  11 46143 47803 49463 51123 52783 54443 56103 1660 58587 61069 65026 67511
    10  12 48441 50173 51905 53637 55369 57101 58833 1732 61432 64031 68101 70700
    11  13 51048 52857 54666 56475 58284 60093 61902 1809 64609 67316 71494 74201
    12  14 53707 55604 57501 59398 61295 63192 65089 1897 67925 70760 75068 77905
    13  15 56521 58494 60467 62440 64413 66386 68359 1973 71314 74268 78693 81646
    14  16 59439 61500 63561 65622 67683 69744 71805 2061 74894 77983 82537 85624
    15  17 62511 64682 66853 69024 71195 73366 75537 2171 78786 82035 86754 90004
    16  18 65793 68072 70351 72630 74909 77188 79467 2279 82882 86297 91186 94604
    17  19 69118 71499 73880 76261 78642 81023 83404 2381 86971 90537 95572 99138
    18  20 72418 74905 77392 79879 82366 84853 87340 2487 91073 94807 100-  103-
    19                                                                004   738
    20  21 76054 78648 81242 83836 86430 89024 91618 2594 95509 99402 104-  108-
    21                                                                757   646
    22  22 79863 82611 85359 88107 90855 93603 96351 2748 100-  104-  110-  114-
    23                                                    465   577   159   274
    24  23 83922 86746 89570 92394 95218 98042 100-  2824 105-  109-  115-  119-
    25                                         866        104   343   049   287
    26  24 88198 91128 94058 96988 99918 102-  105-  2930 110-  114-  120-  124-
    27                                    848  778        170   563   428   820
    28  25 92850 95907 98964 102-  105-  108-  111-  3057 115-  120-  126-  130-
    29                        021   078   135  192        774   357   404   984
 
    30    (4) Effective April first, two thousand eighteen:

    31           Perf. Perf. Perf. Perf. Perf.                              Long
    32            Ad-   Ad-   Ad-   Ad-   Ad-                               Max.
    33     Hir-  vance vance vance vance vance            10 Yr 15 Yr 20 Yr 25 Yr
    34     ing   Step  Step  Step  Step  Step  Job  Perf. Long  Long  Long  Long
    35  SG Rate    1     2     3     4     5   Rate  Adv. Step  Step  Step  Step
    36   1 30417 31487 32557 33627 34697 35767 36837 1070 38436 40034 43133 44733
    37   2 31349 32476 33603 34730 35857 36984 38111 1127 39803 41495 44684 46379
    38   3 32647 33823 34999 36175 37351 38527 39703 1176 41468 43232 46496 48262
    39   4 33896 35137 36378 37619 38860 40101 41342 1241 43199 45057 48409 50262
    40   5 35272 36576 37880 39184 40488 41792 43096 1304 45049 47002 50452 52405
    41   6 36863 38233 39603 40973 42343 43713 45083 1370 47140 49197 52753 54811
    42   7 38672 40100 41528 42956 44384 45812 47240 1428 49378 51516 55153 57291
    43   8 40579 42062 43545 45028 46511 47994 49477 1483 51699 53919 57640 59865
    44   9 42570 44116 45662 47208 48754 50300 51846 1546 54171 56494 60314 62634
    45  10 44713 46340 47967 49594 51221 52848 54475 1627 56910 59344 63273 65708
    46  11 47066 48759 50452 52145 53838 55531 57224 1693 59758 62289 66325 68860
    47  12 49410 51177 52944 54711 56478 58245 60012 1767 62663 65314 69465 72116
    48  13 52069 53914 55759 57604 59449 61294 63139 1845 65900 68661 72923 75684
    49  14 54781 56716 58651 60586 62521 64456 66391 1935 69284 72175 76570 79463
    50  15 57651 59664 61677 63690 65703 67716 69729 2013 72743 75756 80270 83282
    51  16 60628 62730 64832 66934 69036 71138 73240 2102 76391 79542 84187 87335
    52  17 63761 65976 68191 70406 72621 74836 77051 2215 80365 83679 88492 91807
    53  18 67109 69434 71759 74084 76409 78734 81059 2325 84542 88026 93012 96499
    54  19 70500 72929 75358 77787 80216 82645 85074 2429 88712 92350 97485 101-

        S. 2505--C                         23                         A. 3005--C
 
     1                                                                      123
     2  20 73866 76403 78940 81477 84014 86551 89088 2537 92896 96704 102-  105-
     3                                                                005   814
     4  21 77575 80221 82867 85513 88159 90805 93451 2646 97420 101-  106-  110-
     5                                                          391   853   820
     6  22 81460 84263 87066 89869 92672 95475 98278 2803 102-  106-  112-  116-
     7                                                    474   669   362   559
     8  23 85600 88481 91362 94243 97124 100-  102-  2881 107-  111-  117-  121-
     9                                    005  886        209   533   353   675
    10  24 89962 92951 95940 98929 101-  104-  107-  2989 112-  116-  122-  127-
    11                              918   907  896        376   857   839   319
    12  25 94707 97825 100-  104-  107-  110-  113-  3118 118-  122-  128-  133-
    13                  943   061   179   297  415        089   763   931   603
    14    § 2. Section 207-d of the state finance law, as added by chapter 114 of
    15  the  laws of 2006, paragraph (b) of subdivision 1 as amended by chapter 3
    16  of the laws of 2007 and subdivision 2 as amended by  chapter  15  of  the
    17  laws of 2012, is amended to read as follows:
    18    §  207-d.  Employee  benefit  fund;  agency  [law  enforcement]  police
    19  services unit. 1.  As used in this section,  unless  otherwise  expressly
    20  stated:
    21    (a) "Director" shall mean the director of employee relations.
    22    (b)  "Employee"  shall  mean  any  person serving on a full-time annual
    23  salaried basis in the service of the state of New York who  is  appointed
    24  to  and  serving  in a position in the collective negotiating unit desig-
    25  nated as the agency [law enforcement]  police  services  unit  and  is  a
    26  police officer pursuant to subdivision thirty-four of section 1.20 of the
    27  criminal procedure law [or a forest ranger 1 or a forest ranger 2].
    28    2.  Where  and to the extent that an agreement between the state and an
    29  employee organization entered into pursuant to article  fourteen  of  the
    30  civil  service  law  or  an interest arbitration award issued pursuant to
    31  subdivision four of section two hundred nine of  the  civil  service  law
    32  between  the  state and an employee organization so provides on behalf of
    33  employees in the collective negotiating unit  designated  as  the  agency
    34  police  services  unit  established  pursuant  to article fourteen of the
    35  civil service law, and upon audit and warrant  of  the  comptroller,  the
    36  director  shall provide for the payment of moneys to such employee organ-
    37  ization for the establishment and maintenance of an employee benefit fund
    38  established by the employee organization for the employees in the negoti-
    39  ating unit covered by the controlling  provision  of  such  agreement  or
    40  award  providing for such employee benefit fund, such amount to be deter-
    41  mined consistent with said agreement or award on the basis of the  number
    42  of full-time annual salaried employees, as determined by the comptroller,
    43  [on  the  payroll  on March first, two thousand eleven for payments to be
    44  made on April first, two thousand eleven, on the payroll on March  first,
    45  two  thousand twelve for payments to be made on April first, two thousand
    46  twelve, on the payroll on March first, two thousand thirteen for payments
    47  to be made on April first, two thousand thirteen, and on the  payroll  on
    48  March  first,  two  thousand  fourteen  for  payments to be made on April
    49  first, two thousand fourteen] on the payroll on March first, two thousand
    50  fifteen for payments to be made on April first, two thousand fifteen,  on
    51  the  payroll on March first, two thousand sixteen for payments to be made
    52  on April first, two thousand sixteen, on the payroll on March first,  two
    53  thousand  seventeen  for payments to be made on April first, two thousand
    54  seventeen, and on the payroll on March first, two thousand  eighteen  for
    55  payments  to  be  made on April first, two thousand eighteen. The amount,
    56  which will be determined pursuant to this section, for employees who  are

        S. 2505--C                         24                         A. 3005--C
 
     1  paid from special or administrative funds, other than the general fund or
     2  the  capital  projects fund of the state, will be paid from the appropri-
     3  ations as provided by law, in which case the comptroller  will  establish
     4  procedures to ensure repayment from said special or administrative funds.
     5  The  director shall enter into an agreement with an employee organization
     6  which sets forth the specific terms and conditions for the  establishment
     7  and  administration  of  an  employee benefit fund as a condition for the
     8  transmittal of moneys pursuant to this section.
     9    3. Such employee organization shall periodically as  specified  by  the
    10  director,  supply  a description of the benefits purchased or provided by
    11  the employee benefit fund, the  utilization  experience  of  the  benefit
    12  fund,  the  amount  disbursed  for  or the cost of such benefits and such
    13  other information as may be requested by the director.
    14    4. The employee organization shall report to the  comptroller,  in  the
    15  form  and  manner as he or she may direct, the amount it expended for the
    16  purchase of or providing for such benefits for any  period  specified  by
    17  the  comptroller. The comptroller is hereby authorized to audit the books
    18  of the employee organization with respect to any moneys transmitted to it
    19  pursuant to this section.
    20    5. Neither the state nor any officer or employee of the state shall  be
    21  a  party to any contract or agreement entered into by any employee organ-
    22  ization providing for benefits purchased in whole or in part with  moneys
    23  transmitted  to  such  employee organization pursuant to this section. No
    24  benefit provided pursuant to such contracts or agreements shall be  paya-
    25  ble  by  the state and all such benefits shall be paid by the responsible
    26  parties to such agreements or contracts pursuant to the terms and  condi-
    27  tions of such agreements or contracts. The employee organization shall be
    28  a  fiduciary with respect to the employee benefit fund established pursu-
    29  ant to this section.
    30    6. Nothing in this section shall  be  deemed  to  diminish,  impair  or
    31  reduce  any  benefit  otherwise  payable  to  any employee established or
    32  authorized by law, rule or regulation by reason of such  employee's  lack
    33  of  eligibility  to  participate in any benefit program established by an
    34  employee organization pursuant to this section.
    35    7. In the event it is determined that  the  moneys  transmitted  to  an
    36  employee  organization  pursuant  to  this  section  is  income for which
    37  payroll deductions are required for  income  tax  withholdings  from  the
    38  salary  or  wages  of  employees  pursuant  to law, the comptroller shall
    39  determine the amount of such withholdings required and deduct the  amount
    40  so  required  to  be  withheld  from the salary or wages of the employees
    41  concerned.
    42    8. The employee organization shall indemnify the state for  any  claims
    43  whatsoever  paid  by it arising from the establishment, administration or
    44  discontinuation  of  any  employee  benefit  provided  pursuant  to  this
    45  section, together with reasonable costs of litigation arising therefrom.
    46    9.  Insofar as the provisions of this section are inconsistent with the
    47  provisions of any other law, general or special, the provisions  of  this
    48  section shall be controlling.
    49    § 3. Compensation for members of the collective negotiating unit desig-
    50  nated as agency police services unit pursuant to an agreement between the
    51  state  of  New York and the employee organization representing such indi-
    52  viduals or an interest arbitration award binding the state  of  New  York
    53  and the employee organization representing such individuals.
    54    1. The provisions of this section shall apply to all full-time officers
    55  and employees in the collective negotiating unit designated as the agency

        S. 2505--C                         25                         A. 3005--C
 
     1  police  services  unit  established  pursuant  to article fourteen of the
     2  civil service law.
     3    2.  Effective  April 1, 2015, the basic annual salary of all members of
     4  the agency police services unit who were  in  full-time  annual  salaried
     5  employment status on March 31, 2015 shall be increased by two percent.
     6    3.  Effective  April 1, 2016, the basic annual salary of all members of
     7  the agency police services unit who were  in  full-time  annual  salaried
     8  employment status on March 31, 2016 shall be increased by two percent.
     9    4.  Effective  April 1, 2017, the basic annual salary of all members of
    10  the agency police services unit who were  in  full-time  annual  salaried
    11  employment status on March 31, 2017 shall be increased by two percent.
    12    5.  Effective  April 1, 2018, the basic annual salary of all members of
    13  the agency police services unit who were  in  full-time  annual  salaried
    14  employment status on March 31, 2018 shall be increased by two percent.
    15    6. Advancement within salary grade. Payments pursuant to the provisions
    16  of  subdivision  6 of section 131 of civil service law for members of the
    17  agency police services unit shall be payable pursuant to the terms of  an
    18  agreement  between  the  state  and an employee organization representing
    19  employees subject to the provisions of this section.
    20    7. Effective April 1, 2015, pursuant  to  the  terms  of  an  agreement
    21  covering  members  of  the  agency  police  services  unit, for such unit
    22  members who are on the institutional payroll, the ten-year, the  fifteen-
    23  year,  the  twenty-year,  and the twenty-five-year longevity step payment
    24  for such unit members to whom the provisions of this section apply  shall
    25  be  that amount prescribed by paragraph h of subdivision 1 of section 130
    26  of the civil service law, as added by section one of this act.
    27    8. Notwithstanding any of the foregoing provisions of this section,  if
    28  the  basic  annual  salary of such unit members to whom the provisions of
    29  this section apply is identical with the hiring rate, performance advance
    30  step one, two, three, four or five, the job rate, the ten-year  longevity
    31  step,  the fifteen-year longevity step, the twenty-year longevity step or
    32  the twenty-five-year longevity step of his or her position on the  effec-
    33  tive  dates  of the increases provided in this section, such basic annual
    34  salary shall be increased to the hiring rate,  performance  advance  step
    35  one, two, three, four or five, the job rate, the ten-year longevity step,
    36  the  fifteen-year  longevity  step, the twenty-year longevity step or the
    37  twenty-five-year longevity step, respectively, of such  salary  grade  as
    38  contained  in  the appropriate salary schedule in subparagraphs (1), (2),
    39  (3), and (4) of paragraph h of subdivision 1 of section 130 of the  civil
    40  service  law,  as added by section one of this act, to take effect on the
    41  dates provided in subparagraphs (1), (2),  (3),  and  (4),  respectively.
    42  The  increases  in basic annual salary provided by this subdivision shall
    43  be in lieu of any increase in basic annual salary provided for in  subdi-
    44  visions two, three, four and five of this section.
    45    9.  If  an  unencumbered  position is one which if encumbered, would be
    46  subject to the provisions of this section, the salary  of  such  position
    47  shall  be  increased  by  the  salary  increase amounts specified in this
    48  section. If a position is created and is filled  by  the  appointment  of
    49  such unit members to whom the provisions of this section apply, the sala-
    50  ry  otherwise  provided  for such position shall be increased in the same
    51  manner as though such position had been in  existence  but  unencumbered.
    52  Notwithstanding the provisions of this section, the director of the budg-
    53  et  may  reduce  the  salary  of  any  such position, which is or becomes
    54  vacant.
    55    10. The increases in salary payable  pursuant  to  this  section  shall
    56  apply  on  a prorated basis to officers and employees, otherwise eligible

        S. 2505--C                         26                         A. 3005--C
 
     1  to receive an increase in salary pursuant to this section, who  are  paid
     2  on  an  hourly  or  per  diem  basis, employees serving on a part-time or
     3  seasonal basis and employees paid on any basis other than  at  an  annual
     4  salaried  rate; except that the provisions of subdivision eleven, twelve,
     5  or thirteen of this section shall not apply to employees  serving  on  an
     6  hourly, per diem, or seasonal basis, except as determined by the director
     7  of the budget.
     8    11. Notwithstanding any other provision of this section, the provisions
     9  of  this  section  shall not apply to officers or employees paid on a fee
    10  schedule basis.
    11    12. In order to provide for the officers and  employees  to  whom  this
    12  section  applies  who  are  not  allocated  to salary grades, performance
    13  advancements and payments in proportion to those provided to  persons  to
    14  whom  this section applies who are allocated to salary grades, the direc-
    15  tor of the budget is authorized to add  appropriate  adjustments  to  the
    16  compensation  which such officers and employees are otherwise entitled to
    17  receive. The director of the budget shall issue certificates which  shall
    18  contain schedules of positions and the salaries thereof for which adjust-
    19  ments are made pursuant to the provisions of this subdivision, and a copy
    20  of  each  such certificate shall be filed with the state comptroller, the
    21  department of civil service, the chairman of the senate finance committee
    22  and the chairman of the assembly ways and means committee.
    23    13. Notwithstanding any of the foregoing provisions  of  this  section,
    24  any increase in compensation may be withheld in whole or in part from any
    25  such  unit  members to whom the provisions of this section apply when, in
    26  the opinion of the director of the division of the budget and the  direc-
    27  tor  of  employee  relations,  such  increase  is not warranted or is not
    28  appropriate.
    29    § 4. Additional compensation for certain members of the  agency  police
    30  services  collective  negotiating  unit. 1. In recognition of the general
    31  requirement for full-time employees of the state  in  the  agency  police
    32  services  unit  to  assemble  for  briefing  prior to the commencement of
    33  duties, where and to the extent  an  agreement  so  provides,  each  such
    34  employee except such an employee receiving additional compensation pursu-
    35  ant  to  subdivision  5  of  section  134 of the civil service law, shall
    36  continue to receive additional compensation in recognition  of  pre-shift
    37  briefing at one and one-half times the hourly rate of pay provided for by
    38  subdivision  1  of section 134 of the civil service law and the rules and
    39  regulations of the director of the budget.
    40    2. Members of the agency police services  collective  negotiating  unit
    41  who  are  full-time  annual  salaried and are police officers pursuant to
    42  subdivision 34 of section 1.20 of the criminal  procedure  law,  who  are
    43  required, authorized and actually assemble for pre-shift briefing or line
    44  up  before  the commencement of their regular tour of duty shall continue
    45  to be paid for pre-shift briefing. However, employees of  the  department
    46  of environmental conservation who do not physically line up shall be paid
    47  the  equivalent  of pre-shift compensation for vehicle, equipment, office
    48  maintenance, and  the  handling  of  phone  calls  and  home  visitations
    49  received  and  instigated  outside  of the regular workday.  This payment
    50  supplants any payments made to  such  employees  for  equipment  storage.
    51  There  shall be no payment of pre-shift briefing for any day in which any
    52  employee who is a member of the agency police  services  unit,  full-time
    53  annual  salaried  and  a  police  officer  pursuant  to subdivision 34 of
    54  section 1.20 of the criminal procedure law is not physically reporting to
    55  work. There shall be no change in the payment for pre-shift briefing  for
    56  all other members of the agency police services unit.

        S. 2505--C                         27                         A. 3005--C
 
     1    3.  Any  such additional compensation pursuant to this section shall be
     2  paid in addition to and shall not be a  part  of  such  employee's  basic
     3  annual  salary and shall not be included as compensation for the purposes
     4  of computation of overtime pay, provided, however, that  such  additional
     5  compensation  shall  be included for retirement purposes. Notwithstanding
     6  the foregoing provisions of this section or of any other law, such  addi-
     7  tional  compensation  as  added  by  this section shall be in lieu of the
     8  continuation of any other additional compensation for such  unit  members
     9  in recognition of pre-shift briefing.
    10    § 5. Clothing allowance. Effective April 1, 2015, pursuant to the terms
    11  of an agreement covering members of the agency police services collective
    12  negotiating  unit who are full-time annual salaried and are classified as
    13  investigators or detectives, in recognition of  the  general  requirement
    14  for  such  unit  members  to whom the provisions of this section apply to
    15  wear professional attire, each such employee who is on the payroll on the
    16  first day of November preceding the annual effective date shall  continue
    17  to  receive  a  clothing  allowance at a rate of four hundred dollars per
    18  year effective December 1, 2011.
    19    § 6. Location pay. 1. Pursuant to the terms of  an  agreement  covering
    20  members  of  the  agency police services collective negotiating unit, and
    21  notwithstanding any inconsistent provision of  law,  effective  April  1,
    22  2015,  all members of this unit who are full-time annual salaried employ-
    23  ees and whose principal place of employment, or, in the case of  a  field
    24  employee,  whose  official  station  is determined in accordance with the
    25  regulations of the state comptroller, is located in the city of New York,
    26  or in the county of  Rockland,  Westchester,  Nassau,  or  Suffolk  shall
    27  continue  to  receive  location  pay  in  the amount of one thousand five
    28  hundred twenty dollars.
    29    2. The location pay as set out in this section shall be in addition  to
    30  and  shall  not be a part of an employee's basic annual salary, and shall
    31  not affect or impair any performance advance or other rights or  benefits
    32  to  which  an  employee  may  be entitled by law, provided, however, that
    33  location pay shall be included as compensation for the purposes of compu-
    34  tation of overtime pay and for retirement purposes.  This payment will be
    35  equally divided over the twenty-six payroll periods in each fiscal year.
    36    § 7. Supplemental location pay. 1. Pursuant to the terms of  an  agree-
    37  ment  covering members of the agency police services collective negotiat-
    38  ing unit, and notwithstanding any  inconsistent  provision  of  law,  all
    39  members  of  this  unit  who  are full-time annual salaried employees and
    40  whose principal place of employment, or, in the case of a field employee,
    41  whose official station is determined in accordance with  the  regulations
    42  of  the  state comptroller, is located in the city of New York, or in the
    43  county of Putnam, Orange,  Dutchess,  Rockland,  Westchester,  Nassau  or
    44  Suffolk,  shall  continue  to  receive  supplemental location pay, in the
    45  following amounts:
    46                           Orange/Putnam/   NYC/Rockland/  Nassau/Suffolk
    47                           Dutchess         Westchester
    48  Effective April 1,2015   $1,266           $1,900         $2,217
    49    2. The supplemental location pay as set out in this section shall be in
    50  addition to and shall not be a part of an employee's basic annual salary,
    51  and shall not affect or impair any performance advance or other rights or
    52  benefits to which an employee may be entitled by law; provided,  however,
    53  that  supplemental location pay shall be included as compensation for the
    54  purposes of computation of overtime pay and for retirement purposes. This
    55  payment will be equally divided over the twenty-six  payroll  periods  in
    56  each fiscal year.

        S. 2505--C                         28                         A. 3005--C
 
     1    §  8. Expanded duty pay. Pursuant to the terms of an agreement or award
     2  covering members of the agency  police  services  collective  negotiating
     3  unit  who  are full-time annual salaried employees, in recognition of the
     4  additional and continued duties and  responsibilities  performed  by  the
     5  police  officers in this unit as a result of the September 11th terrorist
     6  attacks, and notwithstanding any provision of law, rule or regulation  to
     7  the  contrary,  members  of  this  unit,  effective  April 1, 2015, shall
     8  continue to receive expanded duty pay in the  amount  of  three  thousand
     9  seventy-five  dollars.    Effective  March 31, 2019, this amount shall be
    10  increased to  three  thousand  eight  hundred  and  twenty-five  dollars.
    11  Expanded  duty pay as set out in this section shall be in addition to and
    12  shall not be a part of an employee's basic annual salary, and  shall  not
    13  affect  or  impair any performance advance or other rights or benefits to
    14  which an employee  may  be  entitled  by  law;  provided,  however,  that
    15  expanded  duty  pay shall be included as compensation for the purposes of
    16  computation of overtime pay and for  retirement  purposes.  This  payment
    17  will  be  equally  divided  over  the  twenty-six payroll periods in each
    18  fiscal year.
    19    § 9. Marine/off-road enforcement pay.  Pursuant  to  the  terms  of  an
    20  agreement covering members of the agency police services collective nego-
    21  tiating unit who are full-time annual salaried employees, effective April
    22  1,  2015,  all  members  of  this  unit who are employed by the office of
    23  parks, recreation and historic preservation or the department of environ-
    24  mental conservation shall continue to receive one thousand  five  hundred
    25  dollars per year in recognition of their expertise in marine and off-road
    26  enforcement.   Marine/off-road enforcement pay as set out in this section
    27  shall be in addition to and shall not be a part of  an  employee's  basic
    28  annual  salary, and shall not affect or impair any performance advance or
    29  other rights or benefits to which an employee may  be  entitled  by  law;
    30  provided, however, that marine/off-road enforcement pay shall be included
    31  as  compensation  for the purposes of computation of overtime pay and for
    32  retirement purposes. This payment will be equally divided over the  twen-
    33  ty-six payroll periods in each fiscal year.
    34    §  10. Hazardous material pay. 1. Pursuant to the terms of an agreement
    35  covering members of the agency  police  services  collective  negotiating
    36  unit  who  are  full-time  annual  salaried employees, effective April 1,
    37  2015, all members who are employed by  the  department  of  environmental
    38  conservation,  except  for those in the forest ranger title series, shall
    39  continue to receive one thousand five hundred dollars per year in  recog-
    40  nition of their expertise and handling of hazardous materials.  Hazardous
    41  material pay as set out in this section shall be in addition to and shall
    42  not  be a part of an employee's basic annual salary, and shall not affect
    43  or impair any performance advance or other rights or benefits to which an
    44  employee may be entitled by law; provided, however, that hazardous  mate-
    45  rial  pay  shall be included as compensation for the purposes of computa-
    46  tion of overtime pay and for retirement purposes.  This payment  will  be
    47  equally divided over the twenty-six payroll periods in each fiscal year.
    48    2.  Hazardous material/fire management/search and rescue pay.  Pursuant
    49  to the terms of an  agreement  covering  members  of  the  agency  police
    50  services  collective  negotiating  unit who are full-time annual salaried
    51  employees, effective April 1, 2015, all members who are employed  by  the
    52  department  of  environmental  conservation  in  the  forest ranger title
    53  series shall continue to receive one thousand five  hundred  dollars  per
    54  year  in recognition of their expertise and handling of hazardous materi-
    55  als. Hazardous material/fire management/search and rescue pay as set  out
    56  in  this  section  shall  be in addition to and shall not be a part of an

        S. 2505--C                         29                         A. 3005--C
 
     1  employee's basic annual salary,  and  shall  not  affect  or  impair  any
     2  performance  advance or other rights or benefits to which an employee may
     3  be entitled by  law;  provided,  however,  that  hazardous  material/fire
     4  management/search  and  rescue  pay shall be included as compensation for
     5  the purposes of computation of overtime pay and for retirement  purposes.
     6  This  payment will be equally divided over the twenty-six payroll periods
     7  in each fiscal year.
     8    § 11. Inconvenience pay program. Pursuant to chapter 333 of the laws of
     9  1969, as amended, and an agreement negotiated between the state  and  the
    10  employee  organization representing members of the agency police services
    11  unit, effective April 1, 2015, members of the agency police services unit
    12  shall continue to receive inconvenience pay in the amount of five hundred
    13  ninety-seven dollars.  Any such additional compensation pursuant to  this
    14  section shall be included as compensation for retirement purposes.
    15    §  12.  During  the  period  April 1, 2015 through March 31, 2019 or as
    16  otherwise agreed, there  shall  be  a  statewide  joint  labor-management
    17  committee  continued and administered pursuant to the terms of the agree-
    18  ment negotiated between, or an interest  arbitration  award  binding  the
    19  state and the employee organization representing employees in the collec-
    20  tive  negotiating  unit  designated  as  the  agency police services unit
    21  established pursuant to article 14 of the civil service law which  shall,
    22  with  the  amounts  available  therefore,  study and make recommendations
    23  concerning major issues of employee assistance,  performance  evaluation,
    24  education  and  training,  quality  of  work  life,  health benefits, and
    25  provide for the implementation of the terms of agreements of such commit-
    26  tees.
    27    § 13. Notwithstanding any provision of law to the contrary, the  appro-
    28  priations  contained  in this act shall be available to the state for the
    29  payment and publication of  grievance  and  arbitration  settlements  and
    30  awards  pursuant to articles 7 and 8 of the collective negotiating agree-
    31  ment between the state and the  employee  organization  representing  the
    32  collective negotiating unit designated as the agency police services unit
    33  established pursuant to article 14 of the civil service law.
    34    §  14.  Notwithstanding any provision of law, rule or regulation to the
    35  contrary, and where and to the extent an agreement negotiated between the
    36  state and the employee organization representing employees in the  agency
    37  police services collective negotiating unit established pursuant to arti-
    38  cle  14 of the civil service law so provides, the salaries of newly hired
    39  employees on or after September 1, 1992 into state service  in  positions
    40  within  said  negotiating  unit shall not be subject to the provisions of
    41  subdivision 2-a of section 200 of the state finance law.
    42    § 15. Date of  entitlement  to  salary  increase.  Notwithstanding  the
    43  provisions  of this act or of any other provision of law to the contrary,
    44  the increase in salary or compensation provided by this act of any member
    45  of the agency police services  collective  negotiating  unit  established
    46  pursuant  to article 14 of the civil service law who are full-time annual
    47  salaried employees and are police officers pursuant to subdivision 34  of
    48  section  1.20  of the criminal procedure law shall be added to the salary
    49  of such member at the beginning of that payroll period, the first day  of
    50  which  is  nearest  to the effective date of such increase as provided in
    51  this act, or at the beginning of the earlier of two payroll periods,  the
    52  first days of which are nearest but equally near to the effective date of
    53  such  increase  as provided in this act; provided, however, that, for the
    54  purposes of determining the salary of such unit  members  upon  reclassi-
    55  fication, reallocation, appointment, promotion, transfer, demotion, rein-
    56  statement,  or  other  change  of  status,  such salary increase shall be

        S. 2505--C                         30                         A. 3005--C

     1  deemed to be effective on the date thereof as  prescribed  by  this  act,
     2  with  payment  thereof  pursuant to this section on a date prior thereto,
     3  instead of on such effective date, and shall not operate  to  confer  any
     4  additional  salary  rights  or  benefits on such unit members. Payment of
     5  such salary increase may be deferred pursuant to section sixteen of  this
     6  act.
     7    §  16.  Deferred  payment  of  salary  increases.  Notwithstanding  the
     8  provisions of any other section of this act or of any other provision  of
     9  law  to  the  contrary, pending payment pursuant to this act of the basic
    10  annual salaries of incumbents of positions  subject  to  this  act,  such
    11  incumbents  shall receive, as partial compensation for services rendered,
    12  the rate of salary and other  compensation  otherwise  payable  in  their
    13  respective positions. An incumbent holding a position subject to this act
    14  at  any  time  during  the period from April 1, 2015, until the time when
    15  basic annual salaries and other compensation due are first paid  pursuant
    16  to  this  act for such services in excess of the salary and other compen-
    17  sation actually received therefor,  shall  be  entitled  to  a  lump  sum
    18  payment  for  the difference between the salary and other compensation to
    19  which such incumbent is entitled for such services  and  the  salary  and
    20  other  compensation  actually received. Notwithstanding the provisions of
    21  this section or of any other section of this act, the lump  sum  payments
    22  resulting from the increases in salary and other compensation pursuant to
    23  this  act  shall be aggregated in the form of a lump sum payment and made
    24  to employees in two equal payments. However,  effective  the  pay  period
    25  closest  to  March  31, 2019, the denominator for purposes of calculating
    26  overtime shall be adjusted  consistent  with  such  interest  arbitration
    27  award  and  recalculation  of the overtime earned subsequent to March 31,
    28  2019 will be reconciled, adjusted and applied in  the  first  retroactive
    29  payment  referenced  herein.  The  first payment shall be paid as soon as
    30  practicable after the passage of legislation implementing a  Final  Deci-
    31  sion  and  Award  covering the period April 1, 2015 to March 31, 2019 and
    32  the second payment shall be paid on the first day of the  payroll  period
    33  commencing after April 1, 2021. For the purpose of calculating retirement
    34  benefits,  the  amounts  paid  under this act shall count as compensation
    35  earned during the year or years for which it is  calculated  and  not  as
    36  compensation  earned  wholly  in  the year in which it is paid.  Notwith-
    37  standing any law, rule or regulation to the contrary, no  member  of  the
    38  agency  police  services  unit  to  whom the provisions of this act apply
    39  shall be entitled to, or owed, any interest  or  other  penalty  for  any
    40  reason on any monies due to such member pursuant to the terms of this act
    41  and  the  terms  of  the agreement or interest arbitration award covering
    42  employees in the agency police services unit.
    43    § 17. Use of appropriations. Notwithstanding any provision of the state
    44  finance law or any other provision of law  to  the  contrary,  the  state
    45  comptroller  is  authorized to pay any amounts required during the fiscal
    46  year commencing April 1, 2020, and/or April 1, 2021 by the provisions  of
    47  this  act  for  any  state department or agency from any appropriation or
    48  other funds available to such state department  or  agency  for  personal
    49  service  or  for other related employee benefits during such fiscal year.
    50  To the extent that such appropriations are insufficient in  any  fund  to
    51  accomplish  the  purposes herein set forth, the director of the budget is
    52  authorized to allocate to the various departments and agencies, from  any
    53  appropriations  available  in any fund, the amounts necessary to pay such
    54  amounts. The aforementioned appropriations shall be available for payment
    55  of any liabilities or obligations incurred prior to April 1, 2020, and/or
    56  April 1, 2021 in addition to current liabilities.

        S. 2505--C                         31                         A. 3005--C
 
     1    § 18. Notwithstanding any provision of the state  finance  law  or  any
     2  other  provision  of law to the contrary, the sum of sixty-seven million,
     3  five hundred thousand dollars ($67,500,000) is hereby appropriated in the
     4  general fund/state purposes account (10050)  in  miscellaneous-all  state
     5  departments  and agencies solely for apportionment/transfer by the direc-
     6  tor of the budget for use by any state department or agency in  any  fund
     7  for  the period April 1, 2015 through March 31, 2022 to supplement appro-
     8  priations for personal service, other than personal  service  and  fringe
     9  benefits,  and to carry out the provisions of this act. No money shall be
    10  available for expenditure from this appropriation until a certificate  of
    11  approval has been issued by the director of the budget and a copy of such
    12  certificate  or any amendment thereto has been filed with the state comp-
    13  troller, the chair of the senate finance committee and the chair  of  the
    14  assembly  ways  and  means  committee. The monies hereby appropriated are
    15  available for payment of any liabilities or obligations incurred prior to
    16  or during the period April 1, 2015  through  March  31,  2022.  For  this
    17  purpose,  the  monies  appropriated shall remain in full force and effect
    18  for the payment of liabilities incurred on or before March 31, 2022.
    19    § 19. Notwithstanding any provision of the state  finance  law  or  any
    20  other provision of law to the contrary, the several amounts as hereinaft-
    21  er  set  forth, or so much thereof as may be necessary, are hereby appro-
    22  priated from the fund so designated for use by any  state  department  or
    23  agency  for the period April 1, 2015 through March 31, 2022 to supplement
    24  appropriations  from  each  respective  fund  available  for  other  than
    25  personal  service and fringe benefits, and to carry out the provisions of
    26  this act. The monies hereby appropriated are available for the payment of
    27  any liabilities or obligations incurred prior to  or  during  the  period
    28  commencing  April  1,  2015  through  March 31, 2022.   No money shall be
    29  available for expenditure from the monies appropriated  until  a  certif-
    30  icate  of  approval  has  been issued by the director of the budget and a
    31  copy of such certificate or any amendment thereto has been filed with the
    32  state comptroller, the chair of the  senate  finance  committee  and  the
    33  chair  of  the  assembly  ways  and  means committee. Notwithstanding the
    34  provisions of any other section of this act, the  salary  increases,  and
    35  lump sum payments provided for in this act shall not be implemented until
    36  the  director  of employee relations has delivered notice to the director
    37  of the budget and the comptroller that a Final  Decision  and  Award  has
    38  been  issued  and  signed  by the interest arbitration panel so that such
    39  amounts may be paid.
 
    40                      ALL STATE DEPARTMENTS AND AGENCIES
    41                              SPECIAL PAY BILLS
    42                       General Fund / State Operations
    43                         State Purposes Account - 003
 
    44  NONPERSONAL SERVICE
    45  Joint committee on health benefits ................ 15,782
    46  Contract administration ........................... 30,000
    47  Education and Training ............................ 91,337
    48  Education and Training - Management Directed ...... 55,746
    49  Employee Assistance Program ....................... 13,810
    50  Organizational Alcohol Program .................... 21,441
    51  Legal Defense Fund ................................ 10,000
    52  Quality of Work Life Initiatives .................. 67,420
    53  Employee Benefit Fund ............................ 198,175

        S. 2505--C                         32                         A. 3005--C
 
     1    § 20. This act shall take effect immediately and shall  be  deemed  to
     2  have been in full force and effect on and after April 1, 2015.
 
     3                                   PART WW
 
     4    Section  1.  The section heading of section 421-f of the real property
     5  tax law, as amended by chapter 590 of the laws of 1994,  is  amended  to
     6  read as follows:
     7    Exemption of capital improvements to residential buildings and certain
     8  new construction.
     9    § 2. Section 421-f of the real property tax law is amended by adding a
    10  new subdivision 1-a to read as follows:
    11    1-a.  Buildings  classified  as class one property in section eighteen
    12  hundred two of this chapter reconstructed, altered, improved,  or  newly
    13  constructed  in  a  special  assessing  unit that is not a city shall be
    14  exempt from taxation  and  special  ad  valorem  levies  to  the  extent
    15  provided  hereinafter in the same manner and to the same extent to coun-
    16  ty, town, special district and  school  district  taxes  levied  on  the
    17  assessment  roll  prepared  by  such  special assessing unit. Additional
    18  buildings and yard improvements shall be excluded  from  receiving  this
    19  exemption.    An  application  shall  not  be  required  to  receive the
    20  exemption.
    21    § 3. Subdivisions 2 and 3 of section 421-f of the  real  property  tax
    22  law, as amended by chapter 590 of the laws of 1994, subparagraph (ii) of
    23  paragraph  (a)  of subdivision 2 and subdivision 3 as further amended by
    24  subdivision (b) of section 1 of part W of chapter  56  of  the  laws  of
    25  2010, are amended to read as follows:
    26    2.  (a) Such buildings shall be exempt for a period of one year to the
    27  extent of one hundred per centum of the increase in assessed value ther-
    28  eof attributable to such reconstruction, alteration or improvement,  and
    29  new  construction pursuant to subdivision one-a of this section, and for
    30  an additional period of seven years subject to the following:
    31    (i) The extent of such exemption shall  be  decreased  by  twelve  and
    32  one-half  per centum of the "exemption base" each year during such addi-
    33  tional period. The "exemption base" shall be the  increase  in  assessed
    34  value  as  determined  in the initial year of the term of the exemption,
    35  except as provided in subparagraph (ii) of this paragraph.
    36    (ii) In any year in which a change in level of assessment  of  fifteen
    37  percent or more is certified for a final assessment roll pursuant to the
    38  rules  of  the commissioner, the exemption base shall be multiplied by a
    39  fraction, the numerator of which shall be the total  assessed  value  of
    40  the parcel on such final assessment roll (after accounting for any phys-
    41  ical  or  quantity changes to the parcel since the immediately preceding
    42  assessment roll), and the  denominator  of  which  shall  be  the  total
    43  assessed  value of the parcel on the immediately preceding final assess-
    44  ment roll. The result shall be the new  exemption  base.  The  exemption
    45  shall  thereupon  be  recomputed  to take into account the new exemption
    46  base, notwithstanding the fact that the assessor receives  certification
    47  of  the change in level of assessment after the completion, verification
    48  and filing of the final assessment roll. In the event the assessor  does
    49  not  have  custody  of the roll when such certification is received, the
    50  assessor shall certify the recomputed exemption to  the  local  officers
    51  having  custody  and  control  of  the roll, and such local officers are
    52  hereby directed and authorized to enter the recomputed exemption  certi-
    53  fied by the assessor on the roll. The assessor shall give written notice
    54  of  such  recomputed  exemption to the property owner, who may, if he or

        S. 2505--C                         33                         A. 3005--C
 
     1  she believes that the exemption was recomputed incorrectly, apply for  a
     2  correction in the manner provided by title three of article five of this
     3  chapter for the correction of clerical errors.
     4    (iii)  [Such]  Except  in a special assessing unit that is not a city,
     5  such exemption shall be limited to eighty thousand dollars in  increased
     6  market  value,  or such other sum less than eighty thousand dollars, but
     7  not less than five thousand dollars as may be provided by the local  law
     8  or  resolution,  of  the  property  attributable to such reconstruction,
     9  alteration or improvement and any increase in market value greater  than
    10  such  amount  shall  not  be eligible for the exemption pursuant to this
    11  section. In a special assessing unit that is not a city,  the  exemption
    12  shall  be  limited  to seven hundred fifty thousand dollars in increased
    13  market value. For the purposes of this section, the market value of  the
    14  reconstruction,  alteration  or  improvement,  or  new  construction  as
    15  authorized by subdivision one-a of this section, shall be equal  to  the
    16  increased assessed value attributable to such reconstruction, alteration
    17  [or], improvement or new construction divided by the class [I] one ratio
    18  in  a  special  assessing  unit  or  the most recently established state
    19  equalization rate or special equalization rate in the remainder  of  the
    20  state,  except where the state equalization rate or special equalization
    21  rate equals or exceeds ninety-five percent, in which case  the  increase
    22  in  assessed value attributable to such reconstruction, alteration [or],
    23  improvement or new construction shall be  deemed  to  equal  the  market
    24  value of such reconstruction, alteration or improvement.
    25    (b)  [No]  Except  in  a special assessing unit that is not a city, no
    26  such exemption shall  be  granted  for  reconstruction,  alterations  or
    27  improvements unless:
    28    (i)  such  reconstruction,  alteration  or  improvement  was commenced
    29  subsequent to the effective date of the local law or resolution  adopted
    30  pursuant to subdivision one of this section; and
    31    (ii)  the  value  of  such  reconstruction,  alteration or improvement
    32  exceeds three thousand dollars; and
    33    (iii) the greater portion, as so determined by square footage, of  the
    34  building reconstructed, altered or improved is at least five years old.
    35    (c)  For purposes of this section the terms reconstruction, alteration
    36  and improvement shall not include ordinary maintenance and repairs.
    37    3. [Such] Except in a special assessing unit that is not a city,  such
    38  exemption  shall  be  granted only upon application by the owner of such
    39  building on a form prescribed by the commissioner. The application shall
    40  be filed with the assessor of the city, town, village or  county  having
    41  the  power  to assess property for taxation on or before the appropriate
    42  taxable status date of such city, town, village or county.  In a special
    43  assessing unit that is not a city, the exemption shall be applied  based
    44  upon  that  completion of reconstruction, alteration, improvement or new
    45  construction on or before the applicable  taxable  status  date  of  the
    46  special  assessing  unit;  provided, however that the exemption for such
    47  reconstruction,  alteration,  improvement  or  new   construction   that
    48  occurred  after  the  taxable status date of such special assessing unit
    49  for the two thousand nineteen -- two  thousand  twenty  assessment  roll
    50  and  on or before the taxable status date of such special assessing unit
    51  for the two thousand twenty -- two thousand twenty-one  assessment  roll
    52  shall be applied beginning with the two thousand twenty-one -- two thou-
    53  sand twenty-two assessment roll.
    54    § 4. Subdivisions 5, 6 and 7 of section 421-f of the real property tax
    55  law,  as amended by chapter 590 of the laws of 1994, are amended to read
    56  as follows:

        S. 2505--C                         34                         A. 3005--C
 
     1    5. For the purposes of this section, except  in  a  special  assessing
     2  unit  that is not a city, a residential building shall mean any building
     3  or structure designed and occupied exclusively for residential  purposes
     4  by not more than two families.
     5    6.  In the event that a building granted an exemption pursuant to this
     6  section ceases to be used primarily for residential purposes [or], is no
     7  longer classified as class one property in a special assessing unit that
     8  is not a city, or title thereto is transferred to other than  the  heirs
     9  or distributees of the owner in other than a special assessing unit that
    10  is  not  a  city,  the  exemption granted pursuant to this section shall
    11  cease.
    12    7. (a) [A] Except for a special assessing unit that is not a  city,  a
    13  county, city, town or village may, by its local law, or school district,
    14  by its resolution:
    15    (i)  reduce  the per centum of exemption otherwise allowed pursuant to
    16  this section;
    17    (ii) limit eligibility for the exemption  to  those  forms  of  recon-
    18  struction,  alterations  or improvements as are prescribed in such local
    19  law or resolution;
    20    (iii) provide that the exemption shall be  applicable  only  to  those
    21  improvements which would otherwise result in an increase in the assessed
    22  valuation  of the real property but which consist of an addition, remod-
    23  eling or modernization to an existing residential structure  to  prevent
    24  physical  deterioration  of  the  structure or to comply with applicable
    25  building, sanitary, health and/or fire codes.
    26    (b) No such  local  law  or  resolution  shall  reduce  or  repeal  an
    27  exemption  granted  pursuant to this section until the expiration of the
    28  period for which such exemption was granted.
    29    § 5. Effect of exemption. A special assessing unit that is not a  city
    30  shall  not  consider  property  exempt  pursuant  to  subdivision 1-a of
    31  section 421-f of the real property tax law when calculating tax rates or
    32  when apportioning taxes among classes under article 18 of the real prop-
    33  erty tax law.
    34    § 6. Severability. If any clause, sentence, paragraph, section or part
    35  of this act shall be adjudged by any court of competent jurisdiction  to
    36  be  invalid  and  after  exhaustion  of all further judicial review, the
    37  judgment shall not affect, impair or invalidate the  remainder  thereof,
    38  but  shall  be  confined in its operation to the clause, sentence, para-
    39  graph, section or part of this act directly involved in the  controversy
    40  in which the judgment shall have been rendered.
    41    §  7.  This  act shall take effect immediately; provided however, that
    42  subdivision 1-a and the amendments  made  to  the  section  heading  and
    43  subdivisions  2, 3, 5, 6 and 7 of section 421-f of the real property tax
    44  law by sections one through four of this act shall  apply  only  to  the
    45  2021-2022,  2022-2023,  2023-2024 and 2024-2025  assessment rolls of the
    46  county of Nassau, and shall expire and be  deemed  repealed  January  1,
    47  2026.
 
    48                                   PART XX
 
    49    Section  1. Section 1 of subpart H of part C of chapter 20 of the laws
    50  of 2015, appropriating money  for  certain  municipal  corporations  and
    51  school  districts,  as amended by section 1 of part AAA of chapter 59 of
    52  the laws of 2018, is amended to read as follows:
    53    Section 1. Contingent  upon  available  funding,  and  not  to  exceed
    54  [$69,000,000] $140,000,000 moneys from the urban development corporation

        S. 2505--C                         35                         A. 3005--C
 
     1  shall be available for a local government entity, which for the purposes
     2  of  this  section  shall  mean  a  county,  city,  town, village, school
     3  district or special district, where (i) on or after June  25,  2015,  an
     4  electric generating facility located within such local government entity
     5  has  ceased operations, and (ii) the closing of such facility has caused
     6  a reduction in the real property tax collections or payments in lieu  of
     7  taxes of at least twenty percent owed by such electric generating facil-
     8  ity.  Such  moneys attributable to the cessation of operations, shall be
     9  paid annually on a first come, first served basis by the urban  develop-
    10  ment  corporation  to  such  local government entity within a reasonable
    11  time upon confirmation from  the  state  office  of  real  property  tax
    12  services  or  the  local  industrial  development  authority established
    13  pursuant to titles eleven and fifteen of article  eight  of  the  public
    14  authorities  law, or the local industrial development agency established
    15  pursuant to article eighteen-A of the general municipal  law  that  such
    16  cessation  has  resulted  in  a  reduction  in  the  real  property  tax
    17  collections or payments in lieu of taxes, provided,  however,  that  the
    18  urban development corporation shall not provide assistance to such local
    19  government  entity  for  more than seven years, and shall award payments
    20  reflecting the loss of revenues due to the cessation  of  operations  as
    21  follows:
 
    22          Award Year                Maximum Potential Award
    23              1           no more than eighty percent of loss of revenues
    24              2           no more than seventy percent of loss of revenues
    25              3           no more than sixty percent of loss of revenues
    26              4           no more than fifty percent of loss of revenues
    27              5           no more than forty percent of loss of revenues
    28              6           no more than thirty percent of loss of revenues
    29              7           no more than twenty percent of loss of revenues
 
    30    A  local  government  entity shall be eligible for only one payment of
    31  funds hereunder per year.  A local government entity may seek assistance
    32  under the electric generation facility cessation mitigation fund once  a
    33  generator  has submitted its notice to the federally designated electric
    34  bulk system operator (BSO) serving the state of New York of  its  intent
    35  to retire the facility or of its intent to voluntarily remove the facil-
    36  ity  from  service  subject  to  any return-to-service provisions of any
    37  tariff, and that the facility also is ineligible to participate  in  the
    38  markets  operated  by the BSO. The date of submission of a local govern-
    39  ment entity's application for assistance shall establish  the  order  in
    40  which  assistance is paid to program applicants, except that in no event
    41  shall assistance be paid to a local government entity  until  such  time
    42  that an electric generating facility has retired or become ineligible to
    43  participate  in  the  markets  operated by the BSO. For purposes of this
    44  section, any local government entity seeking assistance under the  elec-
    45  tric generation facility cessation mitigation fund must submit an attes-
    46  tation  to the department of public service that a facility is no longer
    47  producing electricity and is no longer participating in markets operated
    48  by the BSO. After receipt of such attestation, the department of  public
    49  service  shall  confirm  such information with the BSO. In the case that
    50  the BSO confirms to the department of public service that  the  facility
    51  is no longer producing electricity and participating in markets operated
    52  by  such  BSO,  it shall be deemed that the electric generating facility
    53  located within the local government entity  has  ceased  operation.  The
    54  department  of  public  service  shall  provide such confirmation to the

        S. 2505--C                         36                         A. 3005--C
 
     1  urban development corporation upon receipt.  The  determination  of  the
     2  amount  of  such  annual payment shall be determined by the president of
     3  the urban development corporation based on the amount of  the  differen-
     4  tial  between  the  annual  real  property taxes and payments in lieu of
     5  taxes imposed upon the facility, exclusive of  interest  and  penalties,
     6  during  the  last year of operations and the current real property taxes
     7  and payments in lieu of taxes imposed upon the  facility,  exclusive  of
     8  interest and penalties. The total amount awarded from this program shall
     9  not exceed [$69,000,000] $140,000,000.
    10    §  2.  Section  4  of subpart H of part C of chapter 20 of the laws of
    11  2015, appropriating money for certain municipal corporations and  school
    12  districts, is amended to read as follows:
    13    §  4.  This  act shall take effect immediately and shall expire and be
    14  deemed repealed by July 1, 2025; provided, however, a local   government
    15  which has not completed its seven years of assistance prior to such date
    16  shall  continue  to  receive  funding until such seven year timeframe is
    17  complete.
    18    § 3. This act shall take effect immediately; provided,  however,  that
    19  the  amendments to section 1 of subpart H of part C of chapter 20 of the
    20  laws of 2015 made by section one of this act shall not affect the repeal
    21  of such subpart and shall be deemed repealed therewith.
 
    22                                   PART YY
 
    23    Section 1. Section 15 of part OO of chapter 54 of the  laws  of  2016,
    24  amending  the public authorities law relating to procurements by the New
    25  York City transit authority and the metropolitan transportation authori-
    26  ty, is amended to read as follows:
    27    § 15. This act shall take effect immediately, and shall expire and  be
    28  deemed repealed April 1, [2021] 2024.
    29    § 2. This act shall take effect immediately.
 
    30                                   PART ZZ

    31    Section  1.  The environmental conservation law is amended by adding a
    32  new section 11-0935 to read as follows:
    33  § 11-0935. Deer hunting pilot program.
    34    1. Notwithstanding subdivision one-a of section 11-0701 and the cross-
    35  bow prohibition of subdivision one of section 11-0929, a hunting license
    36  holder who is twelve or thirteen years of  age  may  hunt  deer  with  a
    37  crossbow,  rifle, shotgun, or muzzle-loading firearm as provided in this
    38  title in an eligible area provided that:
    39    (a) such minor is accompanied by their parent or legal guardian, or by
    40  a person designated in writing by such parent or  legal  guardian  on  a
    41  form  prescribed  by  the  department  who is twenty-one years of age or
    42  older; and
    43    (b) such parent, guardian or person has  had  at  least  three  year's
    44  experience in hunting deer; and
    45    (i) such parent, guardian or person holds a hunting license; and
    46    (ii)  such  parent, guardian or person maintains physical control over
    47  the minor at all times while hunting. For the purposes of this paragraph
    48  "physical control" shall mean that the physical proximity of such  minor
    49  to  the  parent, guardian or person is such that the parent, guardian or
    50  person is reasonably able to issue verbal directions  and  instructions,
    51  maintain  constant  visual  contact,  and otherwise provide guidance and
    52  supervision to the minor; and

        S. 2505--C                         37                         A. 3005--C

     1    (iii) such parent, guardian or person and the minor remain  at  ground
     2  level at all times while hunting; and
     3    (c)  such  parent, guardian or person and the minor shall each display
     4  either a minimum total of two  hundred  fifty  square  inches  of  solid
     5  fluorescent  orange  or  pink  or  patterned  fluorescent orange or pink
     6  consisting of no less than fifty  percent  fluorescent  orange  or  pink
     7  material  worn above the waist and visible from all directions, or a hat
     8  or cap with no less than fifty percent of  the  exterior  consisting  of
     9  solid   fluorescent  orange  or  pink  material  and  visible  from  all
    10  directions.
    11    2. For the purposes of this section "eligible area"  shall  include  a
    12  county  that  has  passed  a  local law authorizing participation in the
    13  pilot program and has notified the  department  of  such  participation,
    14  provided,  however,  that the following counties: Westchester; Richmond;
    15  Bronx; New York; Kings; Queens; Nassau; and Suffolk shall not be  deemed
    16  to be eligible.
    17    3.  The  department  shall  prepare a report by February first of each
    18  year including  the  following  information  at  a  minimum:  number  of
    19  violations;  hunting  related  incidents  and  revocations  pursuant  to
    20  section 11-0719; the number of counties  participating;  the  number  of
    21  minors participating; and the number of deer taken.
    22    §  2.  This act shall take effect June 1, 2021 and shall expire and be
    23  deemed repealed December 31, 2023.
 
    24                                  PART AAA
 
    25    Section 1. Notwithstanding the contrary provisions of  section  9-0501
    26  of the environmental conservation law and the contrary provisions of the
    27  public  lands  law,  the  department  of  environmental  conservation is
    28  authorized to grant easements for buried electric cables on real proper-
    29  ty within the Farmersville State Forest, Lost Nation State  Forest,  and
    30  Swift Hill State Forest, which meet the following conditions:
    31    (a)  The  easements are for buried electric cables which are part of a
    32  wind powered electric generation project located in the towns  of  Rush-
    33  ford, Farmersville, Arcade, Centerville, Freedom, and Machias.
    34    (b) The easements are for a portion of properties located within Farm-
    35  ersville  State  Forest,  Lost Nation State Forest, and Swift Hill State
    36  Forest owned by the state and managed by the department of environmental
    37  conservation.  To avoid impacts to these three state forests  associated
    38  with  the placement of buried electric cables serving the aforementioned
    39  wind-powered electric generation project and consistent with the certif-
    40  ication and approval of the project pursuant to article 10 of the public
    41  service law, the electric cables in these three state forests  shall  be
    42  installed  underground, directional boring shall be used to install such
    43  underground cables, and, for the duration of and in connection with  the
    44  easements  granted,  no  trees  shall  be removed from these three state
    45  forests before, during or after installation of such buried cables.  The
    46  buried cables shall be:
    47    (1)  located  underground  for approximately 500 feet between turbines
    48  101 and 102 (which are sited on  private  land),  and  passing  below  a
    49  section of Farmersville State Forest in Cattaraugus County;
    50    (2) located underground for approximately 1,600 feet on the south side
    51  of Hess Road along the Farmersville State Forest boundary in Cattaraugus
    52  County,  turning southwest to follow an existing track for approximately
    53  420 feet, and continuing west along the  northern  parcel  boundary  for

        S. 2505--C                         38                         A. 3005--C
 
     1  approximately  1,300  feet to the property line, to connect turbines 100
     2  and 104 (both sited on private land);
     3    (3)  located  underground  for approximately 2,950 feet along the west
     4  side of North Hill Road in Lost Nation State Forest in  Allegany  County
     5  to  connect  turbines  73, 75, 76, and 77 (all sited on private land) to
     6  the rest of the project; and
     7    (4) located underground for approximately 1,150 feet on the east  side
     8  of  Rushford  Road, along the western edge of Swift Hill State Forest in
     9  Allegany County to connect turbines 124 and 125 (both sited  on  private
    10  land) to the rest of the project.
    11    (c)  The easements will be conveyed by the department of environmental
    12  conservation and take effect only in the event  the  underground  cables
    13  proposed to be on such easement lands are certified and approved as part
    14  of a wind powered electric generation facility pursuant to article 10 of
    15  the public service law.
    16    (d)  The  easements  shall  terminate when the associated wind powered
    17  electric generation project ceases to operate for 18 months as set forth
    18  in the easements and the easements shall then revert to the state to  be
    19  managed  by the department of environmental conservation as state forest
    20  land.
    21    (e) The use of chemicals/herbicides for  clearing  said  easements  is
    22  prohibited  unless prior approval for the same is granted by the depart-
    23  ment of environmental conservation, division of lands and forests.
    24    § 2. (a) In entering into the easements described in  section  one  of
    25  this  act, the department of environmental conservation is authorized to
    26  grant such easements for fair market value plus twenty  percent  of  the
    27  value  of  the easements plus one hundred thousand dollars upon applica-
    28  tion by Alle-Catt Wind Energy LLC.
    29    (b) An amount, not less than fair market value plus twenty percent  of
    30  the  value  of  the easements plus one hundred thousand dollars shall be
    31  used to obtain for the state an interest in real property for open space
    32  purposes in region 9 of the  department  of  environmental  conservation
    33  from  the  regional  priority  conservation projects list in region 9 as
    34  part of this state's open space conservation plan. The total payment for
    35  such acquisition or acquisitions shall not be less than the value of the
    36  easements to be conveyed by the state plus twenty percent of  the  value
    37  of such easements plus one hundred thousand dollars.
    38    (c)  Any  monies received by the department of environmental conserva-
    39  tion from Alle-Catt Wind Energy LLC in consideration of these  easements
    40  shall  be  deposited  into  the  state environmental protection fund, as
    41  established in section 92-s of the state finance law, until such time as
    42  they can be used towards the purchase of the real  property  as  contem-
    43  plated in subdivision (b) of this section.
    44    (d) The description of the easements to be conveyed by this act is not
    45  intended  to  be  a  legal  description, but is intended to identify the
    46  easements to be conveyed. As a condition of  conveyance  Alle-Catt  Wind
    47  Energy  LLC  shall submit to the commissioner of environmental conserva-
    48  tion for his or her approval an accurate survey and description of lands
    49  generally described in this section which may be used in the  conveyance
    50  thereof.
    51    (e)  The  grant  of  the  easements  is conditioned on the issuance of
    52  certificates of environmental compatibility and public need pursuant  to
    53  the provisions of article 10 of the public service law.
    54    §  3.  The  commissioner  of  environmental conservation may prescribe
    55  additional terms for such exchange of real property. Such contract shall
    56  not become binding upon the state until  approved  by  the  state  comp-

        S. 2505--C                         39                         A. 3005--C
 
     1  troller. Title to the land to the people of the state of New York pursu-
     2  ant to the provisions of such contract shall be approved by the attorney
     3  general, and the deed to the state shall be approved by him or her as to
     4  form and manner of execution and recordability before such deed shall be
     5  accepted on behalf of the state. Notwithstanding the contrary provisions
     6  of  the  public  lands  law, the conveyance of the state-owned easements
     7  pursuant to such contract shall be  without  reservation  or  exception,
     8  except  as  provided  for  in  such  contract. Upon certification by the
     9  commissioner of environmental conservation to the commissioner of gener-
    10  al services of a copy of the contract, and certification that  Alle-Catt
    11  Wind  Energy  LLC  has  complied  with  all  terms and conditions of the
    12  contract upon their part to be  kept  and  performed,  together  with  a
    13  description  of  any  of  the easements to be exchanged, conveyed and/or
    14  payments to be made, the commissioner of general services  shall  convey
    15  the  easements  described  in section one of this act in accordance with
    16  the provisions of the contract.
    17    § 4. This act shall take effect immediately, and shall expire  and  be
    18  deemed  repealed  five  years after such date; provided, however, should
    19  the easements be granted within the five years, the term  of  the  ease-
    20  ments  will  establish  the  end date of the easements. At such time the
    21  land will revert back  to  the  state  of  New  York  for  state  forest
    22  purposes.
 
    23                                  PART BBB

    24    Section  1.  Paragraph  (b)  of subdivision 5 of section 8-0111 of the
    25  environmental conservation law, as amended by chapter 388 of the laws of
    26  2011, is amended to read as follows:
    27    (b) Actions subject to the provisions requiring a certificate of envi-
    28  ronmental compatibility and public need in articles seven, ten  and  the
    29  former  article  eight  of  the public service law or requiring a siting
    30  permit under section ninety-four-c of the executive law; or
    31    § 2. Paragraph (i) of subdivision 3 and paragraph (d) of subdivision 7
    32  of section 94-c of the executive law, as added by section 4 of part  JJJ
    33  of chapter 58 of the laws of 2020, is amended to read as follows:
    34    (i) Notwithstanding any other provision of law, rule, or regulation to
    35  the  contrary  and consistent with appropriations therefor, employees of
    36  any state agency who are necessary to the functions of  the  office  and
    37  who  may  be  substantially  engaged in the performance of its functions
    38  shall be transferred to the office in accordance with the provisions  of
    39  section  [seventy-eight]  seventy  of  the  civil service law. Employees
    40  transferred pursuant  to  this  section  shall  be  transferred  without
    41  further  examination  or qualification and shall retain their respective
    42  civil service classifications. Nothing set  forth  in  this  subdivision
    43  shall be construed to impede, infringe, or diminish the rights and bene-
    44  fits  that accrue to employees through collective bargaining agreements,
    45  impact or change an employee's  membership  in  a  bargaining  unit,  or
    46  otherwise  diminish the integrity of the collective bargaining relation-
    47  ship.
    48    (d) In addition to the fees established pursuant to paragraph  (a)  of
    49  this  subdivision,  the office, pursuant to regulations adopted pursuant
    50  to this section, may assess a fee for the purpose  of  recovering  [the]
    51  costs the office incurs [related to reviewing and processing an applica-
    52  tion submitted under this section].
    53    §  3.  Section  94-c  of  the executive law is amended by adding a new
    54  subdivision 8 to read as follows:

        S. 2505--C                         40                         A. 3005--C
 
     1    8. Farmland protection working group.  (a) There is hereby created  in
     2  the  executive department a farmland protection working group consisting
     3  of appropriate stakeholders, including but not limited to:
     4    (i) the commissioner of the department of agriculture and markets;
     5    (ii) the commissioner of the department of environmental conservation;
     6    (iii) the executive director of the office;
     7    (iv) the commissioner of the department of public service;
     8    (v)  the  president of the New York state energy research and develop-
     9  ment authority;
    10    (vi) local government  officials  or  representatives  from  municipal
    11  organizations representing towns, villages, and counties;
    12    (vii)  representatives from at least two county agricultural and farm-
    13  land protection boards.
    14    (b) The working group shall, no later than one year after  the  effec-
    15  tive  date  of  this  subdivision, recommend strategies to encourage and
    16  facilitate input from municipalities in the siting process and to devel-
    17  op recommendations that include approaches to  recognize  the  value  of
    18  viable  agricultural land and methods to minimize adverse impacts to any
    19  such land resulting from the siting of major  renewable  energy  facili-
    20  ties.
    21    (c)  The  working group, on call of the commissioner of the department
    22  of agriculture and markets, shall meet at least three  times  each  year
    23  and at such other times as may be necessary.
    24    §  4.  This  act  shall take effect immediately and shall be deemed to
    25  have been in full force and effect on and after April 3, 2020; provided,
    26  however, that the amendments to section 94-c of the executive law,  made
    27  by  sections  two  and three of this act, shall not affect the repeal of
    28  such section and shall be deemed repealed therewith.
 
    29                                  PART CCC
 
    30    Section 1. Section 54-1521 of the environmental conservation  law,  as
    31  added  by  section  5  of  part  U of chapter 58 of the laws of 2016, is
    32  amended to read as follows:
    33  § 54-1521. Clean vehicle projects.
    34    1. As used in this section, the following terms shall have the follow-
    35  ing meanings:
    36    a. "eligible infrastructure project"  shall  mean  any  facility  (not
    37  including  a  building  and  its structural components) that is publicly
    38  available and used primarily for the public charging and/or  fueling  of
    39  eligible  vehicles  [which  meet  the  eligible  vehicle  definition] as
    40  defined in this section, including but not  limited  to  fast  chargers,
    41  that has received required federal, state and local permits and authori-
    42  zations, and complies with applicable zoning ordinances.
    43    b.  "eligible  purchase"  shall mean the purchase by a municipality to
    44  own or lease for a period of not  less  than  thirty-six  months  of  an
    45  eligible  vehicle placed into service on or after April first, two thou-
    46  sand sixteen at a dealer located within New York.
    47    c. "eligible vehicle" means and includes a new motor vehicle that:
    48    (i) has four wheels;
    49    (ii) was manufactured for use primarily on public streets,  roads  and
    50  highways;
    51    (iii)  the powertrain of which has not been modified from the original
    52  manufacturer's specifications;
    53    (iv) [is rated at not more than eight  thousand  five  hundred  pounds
    54  gross vehicle weight;

        S. 2505--C                         41                         A. 3005--C

     1    (v)]  has  a maximum speed capability of at least fifty-five miles per
     2  hour; and
     3    [(vi)]  (v)  is  propelled  at  least in part by an electric motor and
     4  associated power electronics which provide acceleration  torque  to  the
     5  drive  wheels  sometime  during normal vehicle operation, and that draws
     6  electricity from a hydrogen fuel cell or from a battery that:
     7    (A) has a capacity of not less than four kilowatt hours; and
     8    (B) is capable of being recharged from an external source of electric-
     9  ity.
    10    2. a. Until April 1, [2023] 2025, the  commissioner,  in  consultation
    11  with  the  New  York state energy research and development authority, is
    12  authorized to issue rebates until the annual allocation is exhausted  to
    13  municipalities  toward  the cost of any eligible infrastructure projects
    14  which support the development of clean vehicles.
    15    b. The department, in consultation with  the  New  York  state  energy
    16  research  and  development  authority, shall determine the amount of the
    17  rebate for eligible infrastructure projects, provided that an  applicant
    18  for  such  eligible  infrastructure project rebate may receive a maximum
    19  rebate of two hundred fifty  thousand  dollars  per  facility,  provided
    20  however that infrastructure projects that will maximize access by multi-
    21  ple public users who might otherwise not have access may receive a maxi-
    22  mum of three hundred thousand dollars per facility.
    23    3.  a.  Until  April 1, [2023] 2025, the commissioner, in consultation
    24  with the New York state energy research and  development  authority,  is
    25  authorized  to issue rebates until the annual allocation is exhausted to
    26  municipalities toward the cost of eligible purchases of clean vehicles.
    27    b. The department, in consultation with  the  New  York  state  energy
    28  research  and  development  authority, shall determine the amount of the
    29  rebate taking into consideration the  electric  range  of  the  vehicle,
    30  provided  that  a  rebate of an eligible purchase shall be not less than
    31  [seven hundred fifty] two thousand five hundred dollars per vehicle  and
    32  not  more  than seven thousand five [thousand] hundred dollars per vehi-
    33  cle.
    34    4. The department, in consultation with  the  New  York  state  energy
    35  research  and development authority, shall promulgate rules to implement
    36  and administer this title including rules relating to the forms required
    37  to claim a rebate, the required documentation for establishing eligibil-
    38  ity for a rebate, procedures and guidelines for claiming a  rebate,  and
    39  the  collection  of  economic  impact data from applicants and any other
    40  requirements the department and  New  York  state  energy  research  and
    41  development authority deem necessary. The department shall determine and
    42  publish on its website on an ongoing basis the amount of available fund-
    43  ing for rebates remaining in each fiscal year.
    44    5. No later than April first, two thousand eighteen and annually ther-
    45  eafter,  the  department shall issue a report to the temporary president
    46  of the senate and the speaker of the assembly detailing  the  status  of
    47  its  program to encourage the deployment of clean vehicles.  Such report
    48  shall include:
    49    a. the amount of funding dedicated by the department for  the  program
    50  in the preceding year;
    51    b.  the [amount] number of eligible purchases and eligible infrastruc-
    52  ture projects for which a rebate was awarded;
    53    c. the amount and geographic distribution of rebates; and
    54    d. any other information the department deems necessary.
    55    § 2. This act shall take effect April 1, 2021.

        S. 2505--C                         42                         A. 3005--C
 
     1                                  PART DDD
 
     2    Section  1.  Subdivision  5  of section 1902 of the public authorities
     3  law, as added by section 6 of part JJJ of chapter  58  of  the  laws  of
     4  2020, is amended to read as follows:
     5    5.  Notwithstanding  title  five-A of article nine of this chapter  or
     6  section two thousand  eight  hundred  twenty-seven-a  of  this  chapter,
     7  establish  a build-ready program, including eligibility and other crite-
     8  ria, pursuant to which the authority would, through  a  competitive  and
     9  transparent  bidding  process,  and using single purpose project holding
    10  companies established by or on behalf of the  authority  and  having  no
    11  separate and independent operational control, acquire, sell and transfer
    12  rights  and  other interests in build-ready sites and development rights
    13  to developers for the purpose of facilitating the development of renewa-
    14  ble energy facilities on such build-ready sites,  which  single  purpose
    15  project  holding  companies shall be subject to the laws of this chapter
    16  until conveyed to third  parties.  Such  transactions  may  include  the
    17  transfer  of rights, interests and obligations existing under agreements
    18  providing for host community benefits negotiated by the authority pursu-
    19  ant to programs established pursuant to subdivision six of this  section
    20  on such terms and conditions as the authority deems appropriate;
    21    §  2.  This  act shall take effect immediately and shall expire and be
    22  deemed repealed three years after such date; provided however, that  the
    23  amendments to section 1902 of the public authorities law made by section
    24  one of this act shall not affect the repeal of such section and shall be
    25  deemed repealed therewith.
    26    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    27  sion,  section  or  part  of  this act shall be adjudged by any court of
    28  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    29  impair,  or  invalidate  the remainder thereof, but shall be confined in
    30  its operation to the clause, sentence, paragraph,  subdivision,  section
    31  or part thereof directly involved in the controversy in which such judg-
    32  ment shall have been rendered. It is hereby declared to be the intent of
    33  the  legislature  that  this  act  would  have been enacted even if such
    34  invalid provisions had not been included herein.
    35    § 3. This act shall take effect immediately  provided,  however,  that
    36  the  applicable  effective date of Parts A through DDD of this act shall
    37  be as specifically set forth in the last section of such Parts.
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