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A02008 Summary:

BILL NOA02008C
 
SAME ASSAME AS UNI. S01508-C
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2019-2020 state fiscal year; clarifies the dormitory authority's authorization to finance certain health care facilities (Part A); extends the authority of the dormitory authority to enter into certain design and construction contracts (Part B); transfers and conveys certain property and requires the property to increase access and quality of health care services (Part C); relates to the effectiveness of certain waste tire management and recycling fees and provides for project funding (Part E); relates to unconditional gifts and donations promoting stewardship of state-owned lands and facilities (Part G); establishes guidelines for bag waste reduction; prohibits plastic carryout bags; authorizes fees for recyclable paper bags (Part H); establishes the professional requirements necessary for student loan servicers including but not limited to licensure requirements, grounds for suspension and/or revocation, examinations, and penalties (Part L); relates to effectiveness of certain provisions relating to the submission of reports about autonomous vehicle technology (Part M); extends the effectiveness of provisions of law permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service (Part R); authorizes utility and cable television assessments to provide funds to the department of health from cable television markets, environmental conservation, office of parks, recreation and historic preservation (Part U); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs, and the department of environmental conservation's climate change program and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part W); relates to the powers of the urban development corporation to make loans (Part Y); extends provisions relating to the empire state development fund (Part Z); provides certain metropolitan transportation commuter district supplemental taxes, surcharges and fees to the metropolitan transportation authority without appropriation (Part FF); extends provisions relating to the resolution of labor disputes (Part HH); authorizes the NY power authority to design, finance, develop, construct, install, lease, operate and maintain electric charging stations (Part KK); provides for renewable power and energy by the Power Authority of the State of New York to authority customers, public entities and the CCA community (Part LL); establishes the parks retail stores fund, and the golf fund, as enterprise funds (Part MM); relates to powers of the New York state Olympic regional development authority to enter into agreements relating to hosting the World University Games (Part NN); relates to the donation of excess food and recycling of food scraps; requires designated food scraps generators to donate excess edible food and recycle food scraps; establishes responsibilities of waste transporters; requires an annual report by the department of environmental conservation on the operation of the food donation and food scraps recycling program (Part SS); extends provisions relating to owner liability for the failure of an operator to comply with traffic-control indications in various cities including but not limited to Mount Vernon, New Rochelle and White Plains and makes changes to certain reporting requirements for traffic-control photo violation monitoring systems (Part TT); creates the Westchester county renewable energy and energy efficiency resources program (Part UU).
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A02008 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 1508--C                                            A. 2008--C
 
                SENATE - ASSEMBLY
 
                                    January 18, 2019
                                       ___________
 
        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 the public authorities law, in relation to clarifying
          the dormitory authority's authorization to finance certain health care
          facilities (Part A); to amend chapter 58 of the laws of 2012  amending
          the  public  authorities  law  relating  to  authorizing the dormitory
          authority to enter into certain  design  and  construction  management
          agreements, in relation to extending the effectiveness of such author-
          ization  (Part B); to amend the public authorities law, in relation to
          the transfer and conveyance of certain real property (Part C);  inten-
          tionally  omitted  (Part  D);  to amend the environmental conservation
          law, in relation to waste tire management and recycling fees (Part E);
          intentionally omitted (Part F); to amend the  environmental  conserva-
          tion  law,  in  relation to establishing authority to solicit funds or
          gifts and enter into public-private partnerships (Part  G);  to  amend
          the environmental conservation law, the alcoholic beverage control law
          and  the state finance law, in relation to establishing guidelines for
          bag waste reduction (Part H); intentionally omitted (Part  I);  inten-
          tionally  omitted  (Part  J); intentionally omitted (Part K); to amend
          the banking law, in relation to student loan servicers  (Part  L);  to
          amend  part  FF  of  chapter  55 of the laws of 2017 relating to motor
          vehicles equipped with autonomous vehicle technology, in  relation  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-06-9

        S. 1508--C                          2                         A. 2008--C
 
          the  submission of reports and in relation to extending the effective-
          ness thereof (Part M); intentionally omitted (Part  N);  intentionally
          omitted  (Part O); intentionally omitted (Part P); intentionally omit-
          ted  (Part  Q);  to amend chapter 21 of the laws of 2003, amending the
          executive law relating to permitting the secretary of state to provide
          special handling for all documents filed or issued by the division  of
          corporations  and  to  permit  additional  levels  of  such  expedited
          service, in relation to extending the effectiveness thereof (Part  R);
          intentionally  omitted  (Part  S);  intentionally  omitted  (Part  T);
          authorizing utility and cable television assessments to provide  funds
          to  the department of health from cable television assessment revenues
          and to the  departments  of  agriculture  and  markets,  environmental
          conservation,  office  of parks, recreation and historic preservation,
          and state from utility assessment  revenues;  and  providing  for  the
          repeal  of  such  provisions  upon expiration thereof (Part U); inten-
          tionally omitted (Part V); to authorize  the  New  York  state  energy
          research  and  development  authority  to  finance  a  portion  of its
          research, development and demonstration, policy and planning, and Fuel
          NY programs, as well as the department of environmental conservation's
          climate change program and the department of agriculture and  markets'
          Fuel  NY  program, from an assessment on gas and electric corporations
          (Part W); intentionally omitted (Part X); to amend chapter 393 of  the
          laws  of  1994,  amending  the New York state urban development corpo-
          ration act, relating to the powers of the New York state urban  devel-
          opment  corporation  to  make  loans, in relation to the effectiveness
          thereof (Part Y); to amend the New York state urban development corpo-
          ration act, in relation to extending certain  provisions  relating  to
          the  empire  state  economic  development fund (Part Z); intentionally
          omitted (Part AA);  intentionally  omitted  (Part  BB);  intentionally
          omitted  (Part  CC);  intentionally  omitted  (Part DD); intentionally
          omitted (Part EE); to amend the vehicle and traffic  law,  the  public
          authorities law, the tax law and the state finance law, in relation to
          providing   certain   metropolitan  transportation  commuter  district
          supplemental taxes, surcharges and fees to the metropolitan  transpor-
          tation  authority without appropriation (Part FF); intentionally omit-
          ted (Part GG); to amend chapter 929 of the laws of 1986  amending  the
          tax  law  and  other  laws relating to the metropolitan transportation
          authority, in relation to extending certain provisions thereof  appli-
          cable  to  the  resolution  of labor disputes (Part HH); intentionally
          omitted (Part II); intentionally  omitted  (Part  JJ);  to  amend  the
          public  authorities law, in relation to authorizing the New York power
          authority to develop electric vehicle charging stations (Part KK);  to
          amend  the  public  authorities  law,  in relation to the provision of
          renewable power and energy by the Power Authority of the State of  New
          York;  and  providing for the repeal of certain provisions of such law
          relating thereto (Part  LL);  to  amend  the  state  finance  law,  in
          relation  to  establishing  the parks retail stores fund, and the golf
          fund, as enterprise funds (Part MM); to amend the  public  authorities
          law,  in  relation  to  allowing  the  New York state olympic regional
          development authority to enter into contracts or agreements containing
          indemnity provisions in order to host the 2023 World University  Games
          to  be  held in Lake Placid, New York (Part NN); intentionally omitted
          (Part OO); intentionally  omitted  (Part  PP);  intentionally  omitted
          (Part QQ); intentionally omitted (Part RR); to amend the environmental
          conservation law, in relation to the donation of excess food and recy-
          cling  of  food  scraps (Part SS); to amend chapter 123 of the laws of

        S. 1508--C                          3                         A. 2008--C
 
          2014, amending the vehicle and traffic law, the general municipal law,
          and the public officers law relating to owner liability for failure of
          operator to comply with traffic-control indications,  in  relation  to
          extending  the provisions thereof; to amend chapter 101 of the laws of
          2014, amending the vehicle and traffic law, the general municipal law,
          and the public officers law relating to owner liability for failure of
          operator to comply with traffic-control indications in the city of Mt.
          Vernon, in relation to extending the effectiveness thereof;  to  amend
          chapter  19  of the laws of 2009, amending the vehicle and traffic law
          and other laws relating to adjudications and  owner  liability  for  a
          violation  of  traffic-control  signal  indications,  in  relation  to
          extending the provisions of such chapter; to amend chapter 99  of  the
          laws of 2014, amending the vehicle and traffic law, the general munic-
          ipal  law, and the public officers law relating to owner liability for
          failure of operator to comply with traffic-control indications in  the
          city of New Rochelle, in relation to extending the effectiveness ther-
          eof;  to  amend  chapter 746 of the laws of 1988, amending the vehicle
          and traffic law, the general municipal law and the public officers law
          relating to the civil liability of vehicle owners for traffic  control
          signal violations, in relation to extending the effectiveness thereof;
          to  amend  local  law  number  46 of the city of New York for the year
          1989, amending the administrative code of the city of New York  relat-
          ing  to  civil  liability of vehicle owners for traffic control signal
          violations, in relation to extending  the  effectiveness  thereof;  to
          amend chapter 23 of the laws of 2009, amending the vehicle and traffic
          law  and  the  public officers law relating to adjudications and owner
          liability for a violation of traffic-control  signal  indications,  in
          relation to extending the provisions of such chapter; to amend chapter
          222  of  the  laws  of 2015, amending the vehicle and traffic law, the
          general municipal law, and the public officers law relating  to  owner
          liability  for  failure  of an operator to comply with traffic-control
          indications in the city of White Plains, in relation to extending  the
          provisions  of  such  chapter;  and to amend chapter 20 of the laws of
          2009, amending the vehicle and traffic law, the general municipal law,
          and the public officers law, relating to owner liability  for  failure
          of operator to comply with traffic control indications, in relation to
          extending the provisions thereof; and to amend the vehicle and traffic
          law,  in  relation to reporting requirements for traffic-control photo
          violation monitoring systems  (Part  TT);  and  to  amend  the  public
          service  law, in relation to a Westchester county renewable energy and
          energy efficiency resources program (Part UU)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to implement the state fiscal plan for the 2019-2020
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified as Parts A through UU. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of  this  act", when used in connection with that particular component,
     9  shall be deemed to mean and refer to the corresponding  section  of  the

        S. 1508--C                          4                         A. 2008--C
 
     1  Part  in  which  it  is  found. Section three of this act sets forth the
     2  general effective date of this act.
 
     3                                   PART A
 
     4    Section  1.  Paragraph  (b)  of subdivision 6 of section 1699-f of the
     5  public authorities law, as added by chapter 83 of the laws of  1995,  is
     6  amended to read as follows:
     7    (b)  The  financing of any project initiated on or after the effective
     8  date of this section, the entirety of which the agency would be  author-
     9  ized  to  undertake  by  the  provisions  of the medical care facilities
    10  finance agency act prior to such effective date, shall  be  governed  by
    11  such act.
    12    § 2. This act shall take effect immediately.
 
    13                                   PART B
 
    14    Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
    15  amending the public authorities law relating to authorizing the dormito-
    16  ry authority to enter into certain design  and  construction  management
    17  agreements,  as amended by section 1 of part W of chapter 58 of the laws
    18  of 2017, is amended to read as follows:
    19    § 2. This act shall take effect immediately and shall  expire  and  be
    20  deemed repealed April 1, [2019] 2021.
    21    §  2. The dormitory authority of the state of New York shall provide a
    22  report providing information regarding any project  undertaken  pursuant
    23  to a design and construction management agreement, as authorized by part
    24  BB of chapter 58 of the laws of 2012, between the dormitory authority of
    25  the  state  of New York and the department of environmental conservation
    26  and/or the office of parks, recreation and historic preservation to  the
    27  governor,  the  temporary  president  of  the  senate and speaker of the
    28  assembly. Such report shall include but not be limited to a  description
    29  of  each  such  project,  the project identification number of each such
    30  project, if applicable, the projected date of completion, the status  of
    31  the  project, the total cost or projected cost of each such project, and
    32  the location, including the names of any county, town, village or  city,
    33  where  each  such  project  is  located or proposed. In addition, such a
    34  report shall be provided to the aforementioned parties by the first  day
    35  of  March  of each year that the authority to enter into such agreements
    36  pursuant to part BB to chapter 58 of the laws of 2012 is in effect.
    37    § 3. This act shall take effect immediately and  shall  be  deemed  to
    38  have been in full force and effect on and after April 1, 2019.
 
    39                                   PART C
 
    40    Section  1.  Subdivision  25 of section 1678 of the public authorities
    41  law is amended by adding two new paragraphs  (e)  and  (f)  to  read  as
    42  follows:
    43    (e)  Notwithstanding  any  other  provision  of  law  to the contrary,
    44  including but not limited to title five-A of article nine of this  chap-
    45  ter,  the  Atlantic  Avenue  Healthcare  Property Holding Corporation is
    46  hereby authorized and empowered to sell, exchange, lease,  transfer  and
    47  convey  certain  real  property  located  at  483-503  Herkimer  Street,
    48  1028-1038 Broadway, 528 Prospect Place and/or 1366 East New York Avenue,
    49  all in Brooklyn, New York as directed by the commissioner  of  New  York

        S. 1508--C                          5                         A. 2008--C
 
     1  state  division  of  homes  and  community  renewal, upon such terms and
     2  conditions as such commissioner may fix and determine.
     3    Such  sale, exchange, lease, transfer and conveyance shall be consist-
     4  ent with and made pursuant to a plan to increase access and  quality  of
     5  health care services and preventative care and create affordable housing
     6  approved  by  the  commissioner  of New York state division of homes and
     7  community renewal, the commissioner of health and the  director  of  the
     8  division  of  the  budget to transform the Central Brooklyn region. Such
     9  plan shall include any combination of initiatives intended to:  increase
    10  access  to  open  spaces, transform health care by increasing access and
    11  quality of health care services and preventative care, create affordable
    12  housing, improve youth development, prevent community violence,  address
    13  social determinants of health, and provide any ancillary services there-
    14  to.
    15    Notwithstanding the foregoing, no such sale, exchange, transfer, lease
    16  or conveyance shall be permitted pursuant to this section, unless in the
    17  opinion of bond counsel to the authority, such sale, exchange, transfer,
    18  lease  or  conveyance  does  not  impair  the  tax-exempt  status of any
    19  outstanding bonds or other obligations, if any, issued by the  authority
    20  to  finance  or refinance the subject property. For the purposes of such
    21  opinion, the valuation of such property being  sold,  exchanged,  trans-
    22  ferred,  leased  or  conveyed  may  reflect the terms and conditions set
    23  forth in the plan.
    24    (f) The description in paragraph (e) of this subdivision of the  lands
    25  to   be  transferred  and  conveyed  is  not  intended  to  be  a  legal
    26  description, but is  intended  only  to  identify  the  premises  to  be
    27  conveyed. As a condition of transfer and conveyance, the Atlantic Avenue
    28  Healthcare Property Holding Corporation shall receive an accurate survey
    29  and  description  of  the  lands generally described in paragraph (e) of
    30  this subdivision, which may be used in the conveyance thereof.
    31    § 2. This act shall take effect immediately; provided,  however,  that
    32  the  amendments to subdivision 25 of section 1678 of the public authori-
    33  ties law made by section one of this act shall  survive  the  expiration
    34  and  reversion  of  such subdivision as provided by section 2 of chapter
    35  584 of the laws of 2011, as amended.
 
    36                                   PART D
 
    37                            Intentionally Omitted
 
    38                                   PART E
 
    39    Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
    40  section 27-1905 of the environmental conservation  law,  as  amended  by
    41  section  1  of  part T of chapter 58 of the laws of 2016, are amended to
    42  read as follows:
    43    1. Until December thirty-first, two  thousand  [nineteen]  twenty-two,
    44  accept  from  a customer, waste tires of approximately the same size and
    45  in a quantity equal to the number of new tires purchased or installed by
    46  the customer; and
    47    Until December thirty-first, two thousand [nineteen] twenty-two,  post
    48  written notice in a prominent location, which must be at least eight and
    49  one-half  inches  by  fourteen  inches in size and contain the following
    50  language:
    51    § 2.  Subdivisions 1, 2, 3, and paragraph  (a)  of  subdivision  6  of
    52  section  27-1913  of  the  environmental conservation law, as amended by

        S. 1508--C                          6                         A. 2008--C
 
     1  section 2 of part T of chapter 58 of the laws of 2016,  are  amended  to
     2  read as follows:
     3    1.  Until December thirty-first, two thousand [nineteen] twenty-two, a
     4  waste tire management and recycling fee of two dollars and  fifty  cents
     5  shall  be  charged  on  each new tire sold. The fee shall be paid by the
     6  purchaser to the tire service at the time the  new  tire  or  new  motor
     7  vehicle is purchased.
     8    The waste tire management and recycling fee does not apply to:
     9    (a) recapped or resold tires;
    10    (b) mail-order sales; or
    11    (c)  the  sale  of  new motor vehicle tires to a person solely for the
    12  purpose of resale provided the subsequent retail sale in this  state  is
    13  subject to such fee.
    14    2.  Until  December  thirty-first, two thousand [nineteen] twenty-two,
    15  the tire service shall collect the waste tire management  and  recycling
    16  fee  from the purchaser at the time of the sale and shall remit such fee
    17  to the department of taxation and  finance  with  the  quarterly  report
    18  filed pursuant to subdivision three of this section.
    19    (a)  The  fee  imposed shall be stated as an invoice item separate and
    20  distinct from the selling price of the tire.
    21    (b) The tire service shall be entitled to retain an allowance of twen-
    22  ty-five cents per tire from fees collected.
    23    3. Until March thirty-first, two thousand [twenty] twenty-three,  each
    24  tire  service maintaining a place of business in this state shall make a
    25  return to the department of taxation and finance on a  quarterly  basis,
    26  with  the  return  for  December,  January, and February being due on or
    27  before the immediately following  March  thirty-first;  the  return  for
    28  March,  April,  and May being due on or before the immediately following
    29  June thirtieth; the return for June, July, and August being  due  on  or
    30  before the immediately following September thirtieth; and the return for
    31  September,  October, and November being due on or before the immediately
    32  following December thirty-first.
    33    (a) Each return shall include:
    34    (i) the name of the tire service;
    35    (ii) the address of the tire service's principal place of business and
    36  the address of the principal place of business (if that is  a  different
    37  address)  from  which the tire service engages in the business of making
    38  retail sales of tires;
    39    (iii) the name and signature of the person preparing the return;
    40    (iv) the total number of new tires sold at retail  for  the  preceding
    41  quarter and the total number of new tires placed on motor vehicles prior
    42  to original retail sale;
    43    (v) the amount of waste tire management and recycling fees due; and
    44    (vi)  such  other reasonable information as the department of taxation
    45  and finance may require.
    46    (b) Copies of each report shall be retained by the  tire  service  for
    47  three years.
    48    If  a  tire  service ceases business, it shall file a final return and
    49  remit all fees due under this title with the department of taxation  and
    50  finance not more than one month after discontinuing that business.
    51    (a)  Until  December thirty-first, two thousand [nineteen] twenty-two,
    52  any additional waste tire management and recycling  costs  of  the  tire
    53  service  in  excess  of the amount authorized to be retained pursuant to
    54  paragraph (b) of subdivision two of this section may be included in  the
    55  published  selling  price of the new tire, or charged as a separate per-
    56  tire charge on each new tire sold. When such  costs  are  charged  as  a

        S. 1508--C                          7                         A. 2008--C

     1  separate  per-tire charge: (i) such charge shall be stated as an invoice
     2  item separate and distinct from the selling price of the tire; (ii)  the
     3  invoice shall state that the charge is imposed at the sole discretion of
     4  the  tire service; and (iii) the amount of such charge shall reflect the
     5  actual cost to the tire service for  the  management  and  recycling  of
     6  waste  tires accepted by the tire service pursuant to section 27-1905 of
     7  this title, provided however, that in no event shall such charge  exceed
     8  two dollars and fifty cents on each new tire sold.
     9    §  3. Paragraph (b) and (c) of subdivision 1 of section 27-1915 of the
    10  environmental conservation law, as amended by section 5 of  part  DD  of
    11  chapter  59  of the laws of 2010, are amended and a new paragraph (d) is
    12  added to read as follows:
    13    (b) abatement of noncompliant waste tire stockpiles; [and]
    14    (c) administration and enforcement of the requirements of  this  arti-
    15  cle, exclusive of titles thirteen and fourteen[.]; and
    16    (d)  conducting  an  updated market analysis of outlets for waste tire
    17  utilization including recycling and energy recovery opportunities, which
    18  shall not include the incineration of waste tires.
    19    § 4. This act shall take effect immediately.
 
    20                                   PART F
 
    21                            Intentionally Omitted
 
    22                                   PART G
 
    23    Section 1. The environmental conservation law is amended by  adding  a
    24  new section 3-0321 to read as follows:
    25  § 3-0321. Gifts, donations, capital improvements.
    26    1.  Notwithstanding  the  provisions  of the state finance law, or any
    27  other state law to the contrary, and subject to approval of the director
    28  of the budget, the commissioner is authorized to accept an unconditional
    29  grant, gift, devise or bequest, either  absolutely  or  in  trust,  from
    30  persons  and  entities  for the maintenance of any educational or recre-
    31  ational facilities or for programs that promote the  use or  stewardship
    32  of  state owned lands under the department's jurisdiction or management;
    33  establish a special fund or funds consisting of monies so  acquired  and
    34  administer such fund or funds; and expend such monies.
    35    2.  Notwithstanding  the  provisions  of the state finance law, or any
    36  other state law to the contrary, the commissioner is authorized to:
    37    (a) receive, hold and administer  personal  property  and  any  income
    38  thereof,  acquired  by  grant,  unconditional  gift,  devise or bequest,
    39  either absolutely or in trust, for the maintenance of any educational or
    40  recreational facilities or for programs that promote the use or steward-
    41  ship of state owned lands under the department's jurisdiction or manage-
    42  ment; establish a special fund or funds consisting of monies so acquired
    43  and administer such fund or funds; and expend such monies; and
    44    (b) seek investment from private philanthropic  interest  or  not-for-
    45  profit  corporations  for capital improvements at state owned facilities
    46  under the department's jurisdiction or management.
    47    3. For purposes of this section, educational or  recreational  facili-
    48  ties  or  programs  that  promote  the use or stewardship of state-owned
    49  lands under the department's jurisdiction or management  shall  include,
    50  but  not be limited to, campgrounds, fish hatcheries, historic areas and
    51  facilities, kiosks, signage, programs for maintenance and development of

        S. 1508--C                          8                         A. 2008--C
 
     1  roads and trails, and programs to improve access for persons with  disa-
     2  bilities.
     3    4.  The  commissioner  shall  not  accept  any  grant, gift, devise or
     4  bequest from or enter into any contract or agreement authorized pursuant
     5  to subdivisions one, two, and, three of this  section  with  persons  or
     6  entities:
     7    (a) named in a pending lawsuit by or against the department;
     8    (b) under investigation by the department;
     9    (c) with a permit or license application pending before the department
    10  or  currently  holding a department-issued permit or license, except for
    11  permits or licenses that are ministerial in  nature,  such  as  sporting
    12  licenses, use of state land permits, or general permits;
    13    (d)  engaged  in settlement negotiations with the department regarding
    14  any civil, criminal or administrative matter; or
    15    (e) subject to a consent order issued by the department.
    16    § 2. This act shall take effect immediately.
 
    17                                   PART H
 
    18    Section 1. This act shall be known and may be cited as the  "New  York
    19  state bag waste reduction act".
    20    §  2.  Article  27 of the environmental conservation law is amended by
    21  adding a new title 28 to read as follows:
    22                                  TITLE 28
    23                             BAG WASTE REDUCTION
    24  Section 27-2801. Definitions.
    25          27-2803. Plastic carryout bag ban.
    26          27-2805. Paper carryout bag reduction fee.
    27          27-2807. Violations.
    28          27-2809. Preemption of local law.
    29  § 27-2801. Definitions.
    30    As used in this title:
    31    1. "Exempt bag" means a bag:  (a)  used  solely  to  contain  or  wrap
    32  uncooked  meat,  fish, or poultry; (b) bags used by a customer solely to
    33  package bulk items such as fruits, vegetables,  grains,  or  candy;  (c)
    34  bags  used  solely to contain food sliced or prepared to order; (d) bags
    35  used solely to contain a newspaper for delivery  to  a  subscriber;  (e)
    36  bags  sold  in  bulk to a consumer at the point of sale; (f) trash bags;
    37  (g) food storage bags; (h) garment bags; (i) bags prepackaged  for  sale
    38  to  a  customer;  (j)  plastic  carryout  bags provided by a restaurant,
    39  tavern or similar food service establishment, as defined  in  the  state
    40  sanitary  code,  to  carryout or deliver food; or (k) bags provided by a
    41  pharmacy to carry prescription drugs.
    42    2. "Plastic carryout bag" means any plastic bag, other than an  exempt
    43  bag,  that is provided to a customer by a person required to collect tax
    44  to be used by the customer to carry tangible personal property,  regard-
    45  less  of  whether such person required to collect tax sells any tangible
    46  personal property or service to the customer, and regardless of  whether
    47  any  tangible personal property or service sold is exempt from tax under
    48  article twenty-eight of the tax law.
    49    3. "Paper carryout bag" means a paper bag, other than an  exempt  bag,
    50  that is provided to a customer by a person required to collect tax to be
    51  used  by the customer to carry tangible personal property, regardless of
    52  whether such person required to collect tax sells any tangible  personal
    53  property  or  service  to  the  customer,  and regardless of whether any

        S. 1508--C                          9                         A. 2008--C
 
     1  tangible personal property or service sold  is  exempt  from  tax  under
     2  article twenty-eight of the tax law.
     3    4.  "Reusable  bag"  means a bag:   (a) made of cloth or other machine
     4  washable fabric that has handles; or (b) a durable bag with handles that
     5  is specifically designed and manufactured for multiple reuse.
     6    5. "Person required to collect  tax"  means  any  vendor  of  tangible
     7  personal  property  subject  to  the  tax  imposed by subdivision (a) of
     8  section eleven hundred five of the tax law.
     9  § 27-2803. Plastic carryout bag ban.
    10    1. No person required to collect  tax  shall  distribute  any  plastic
    11  carryout  bags  to  its  customers  unless  such bags are exempt bags as
    12  defined in subdivision one of section 27-2801 of this title.
    13    2. No person required to collect tax shall prevent a person from using
    14  a bag of any kind that they have brought for purposes of carrying goods.
    15    3. Nothing in this section shall be deemed to  exempt  the  provisions
    16  set forth in title 27 of this article relating to at store recycling.
    17  § 27-2805. Paper carryout bag reduction fee.
    18    1. (a) Notwithstanding any other provision of law to the contrary, any
    19  city  and  any  county,  other  than a county wholly within such a city,
    20  acting through its local legislative  body,  is  hereby  authorized  and
    21  empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
    22  imposing a paper carryout  bag  reduction  fee  within  the  territorial
    23  limits  of  such city or county, to take effect on or after March first,
    24  two thousand twenty.  Notwithstanding the foregoing, if a county  and  a
    25  city  wholly within such county both impose such fee, the fee imposed by
    26  such county shall not apply within the territorial limits of such city.
    27    (b) Such paper carryout bag reduction fee, whether or not any tangible
    28  personal property is sold therewith, shall be imposed at a rate of  five
    29  cents  on  each  paper  carryout  bag  provided  by a person required to
    30  collect tax to a customer in this state; provided,  however,  that  such
    31  paper  carryout bag reduction fee shall not be imposed on paper carryout
    32  bags that are subject to a fee on the provision of such  paper  carryout
    33  bag  pursuant  to a local law or ordinance that was adopted prior to the
    34  effective date of this section. The paper  carryout  bag  reduction  fee
    35  must  be reflected and made payable on the sales slip, invoice, receipt,
    36  or other statement of the price rendered to the customer.
    37    (c) Such paper carryout bag  reduction  fee  shall  not  constitute  a
    38  receipt for the sale of tangible personal property subject to tax pursu-
    39  ant  to  article  twenty-eight  and pursuant to the authority of article
    40  twenty-nine of the tax law, and transfer of a bag to  a  customer  by  a
    41  person required to collect tax shall not constitute a retail sale.
    42    (d) It shall be unlawful for a municipal corporation to adopt or amend
    43  a local law, ordinance or resolution requiring the imposition of any fee
    44  on  the provision of a paper carryout bag except as expressly authorized
    45  by this section. Where a municipal corporation that adopted such a local
    46  law, ordinance or resolution prior to the effective date of this section
    47  is, or is located in, a county that has imposed  a  paper  carryout  bag
    48  reduction fee pursuant to this section, such municipal corporation shall
    49  be prohibited from requiring the imposition of a fee on any provision of
    50  paper  carryout  bags  that  occurs more than one year after such county
    51  paper carryout bag reduction fee takes effect.
    52    2. Any such local law, ordinance or  resolution  adopted  pursuant  to
    53  this  section shall state the amount of the paper carryout bag reduction
    54  fee and the date on which a person required to collect tax  shall  begin
    55  to add such paper carryout bag reduction fee to the sales slip, invoice,
    56  receipt,  or  other statement of the price rendered to its customers. No

        S. 1508--C                         10                         A. 2008--C
 
     1  such local law, ordinance or resolution  shall  be  effective  unless  a
     2  certified  copy of such law, ordinance or resolution is mailed by regis-
     3  tered or certified mail to the commissioner of taxation and  finance  in
     4  accordance  with  the  provisions of subdivisions (d) and (e) of section
     5  twelve hundred ten of the tax law.
     6    3. The paper carryout bag reduction fee imposed by this section  shall
     7  not  apply to any customer using the supplemental nutritional assistance
     8  program, special supplemental nutrition program for women,  infants  and
     9  children,  or any successor programs used as full or partial payment for
    10  the items purchased.
    11    4. The paper carryout bag reduction fee must be reported and  paid  to
    12  the  commissioner  of  taxation  and  finance on a quarterly basis on or
    13  before the twentieth day of the month following  each  quarterly  period
    14  ending  on  the  last day of February, May, August and November, respec-
    15  tively. The payments must be accompanied by a return  in  the  form  and
    16  containing  the information the commissioner of taxation and finance may
    17  prescribe.
    18    5. Any sales slip, invoice,  receipt,  or  other  statement  of  price
    19  furnished  by a person required to collect tax to a customer shall sepa-
    20  rately state the paper carryout bag reduction fee and  shall  state  the
    21  number of bags provided to the customer.
    22    6.  (a) Except as otherwise provided in this section, any paper carry-
    23  out bag reduction fee imposed under the authority of this section  shall
    24  be  administered  and  collected  by  the  commissioner  of taxation and
    25  finance in a like manner as the taxes imposed by  articles  twenty-eight
    26  and  twenty-nine  of the tax law. All the provisions of articles twenty-
    27  eight and twenty-nine of the tax law, including the provisions  relating
    28  to  definitions,  exemptions,  returns,  personal liability for the tax,
    29  collection of tax from the customer, payment of  tax  and  the  adminis-
    30  tration  of  the taxes imposed by such article, shall apply to the paper
    31  carryout bag reduction fee imposed under the authority of this  section,
    32  with  such  modifications  as  may  be  necessary  in order to adapt the
    33  language of those provisions to the paper  carryout  bag  reduction  fee
    34  imposed  under  the  authority  of  this section. Those provisions shall
    35  apply with the same force  and  effect  as  if  the  language  of  those
    36  provisions  had  been  set  forth in full in this section, except to the
    37  extent that any of  those  provisions  is  either  inconsistent  with  a
    38  provision  of  this section or is not relevant to the paper carryout bag
    39  reduction fee imposed under the authority of this section. For  purposes
    40  of  this  section,  any  reference in this chapter to a tax or the taxes
    41  imposed by articles twenty-eight and twenty-nine of the tax law shall be
    42  deemed also to refer to the paper carryout  bag  reduction  fee  imposed
    43  under the authority of this section unless a different meaning is clear-
    44  ly required.
    45    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    46  sion:
    47    (1) the exemptions provided for in section eleven hundred  sixteen  of
    48  the  tax law, other than the exemptions in paragraphs one, two and three
    49  of subdivision (a) of such section, shall not apply to the paper  carry-
    50  out bag reduction fees imposed under the authority of this section;
    51    (2)  the  credit provided in subdivision (f) of section eleven hundred
    52  thirty-seven of the tax law shall not apply to this section.
    53    (c) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    54  sion  or  subdivision (a) of section eleven hundred forty-six of the tax
    55  law, the commissioner of  taxation  and  finance  may,  in  his  or  her
    56  discretion,  permit  the commissioner or his or her authorized represen-

        S. 1508--C                         11                         A. 2008--C
 
     1  tative to inspect any return related to the paper carryout bag reduction
     2  fee filed under this section, or may furnish to the commissioner or  his
     3  or  her  authorized  representative any such return or supply him or her
     4  with  information  concerning  an  item contained in any such return, or
     5  disclosed by any investigation of a liability under this section.
     6    7. All paper carryout bag reduction fee monies and any related  penal-
     7  ties  and  interest remitted to the commissioner of taxation and finance
     8  under this section, except as hereinafter provided, shall  be  deposited
     9  daily with such responsible banks, banking houses, or trust companies as
    10  may  be designated by the state comptroller.  Of the revenues deposited,
    11  the comptroller shall retain in the comptroller's hands such  amount  as
    12  the  commissioner  of taxation and finance may determine to be necessary
    13  for refunds or reimbursements of the fees collected or received pursuant
    14  to this section, out of which the comptroller shall pay any  refunds  or
    15  reimbursements of such fees to which persons shall be entitled under the
    16  provisions of this section. The comptroller, after reserving such refund
    17  and  reimbursement  fund  shall,  on  or  before the twelfth day of each
    18  month, pay to the appropriate fiscal officers of the counties or  cities
    19  imposing  tax  under  subdivision one of this section an amount equal to
    20  forty percent of the paper carryout bag reduction  fee  monies  and  any
    21  related penalties and interest collected by the commissioner of taxation
    22  and  finance  in  respect  of  each such county or city in the preceding
    23  calendar month to be used for the purpose of purchasing and distributing
    24  reusable bags, with priority given to low- and fixed-income communities.
    25  Provided further that at the end of each fiscal year,  any  funds  which
    26  have  not  been  used  for  the purpose defined in this section shall be
    27  returned to the comptroller and be deposited into the general fund to be
    28  used for the purpose of purchasing and distributing reusable  bags  with
    29  priority  given  to  low-  and fixed-income communities.   Any remaining
    30  amount of paper carryout bag reduction fee monies and any related penal-
    31  ties and interest shall be  deposited  monthly  into  the  environmental
    32  protection  fund  established  pursuant  to  section ninety-two-s of the
    33  state finance law.
    34  § 27-2807. Violations.
    35    1. Any person required to collect tax who violates  any  provision  of
    36  section  27-2803  of  this  title shall receive a warning notice for the
    37  first such violation. A person required to collect tax shall  be  liable
    38  to  the  state  of  New  York  for  a civil penalty of two hundred fifty
    39  dollars for the first violation  after  receiving  a  warning  and  five
    40  hundred  dollars for any subsequent violation in the same calendar year.
    41  For purposes of this section, each commercial transaction shall  consti-
    42  tute  no  more  than one violation. A hearing or opportunity to be heard
    43  shall be provided prior to the assessment of any civil penalty.
    44    2. The department, the department of agriculture and markets, and  the
    45  attorney general are hereby authorized to enforce the provisions of this
    46  title,  and all monies collected shall be deposited to the credit of the
    47  environmental protection fund established pursuant  to  section  ninety-
    48  two-s of the state finance law.
    49  § 27-2809. Preemption of local law.
    50    Jurisdiction  in  all  matters  pertaining to plastic carryout bags is
    51  vested exclusively in the state.
    52    § 3. Subdivision 4 of section 63 of  the  alcoholic  beverage  control
    53  law,  as  amended by chapter 360 of the laws of 2017, is amended to read
    54  as follows:
    55    4. No licensee under this section shall be engaged in any other  busi-
    56  ness  on  the  licensed premises. The sale of lottery tickets, when duly

        S. 1508--C                         12                         A. 2008--C
 
     1  authorized and lawfully conducted, the sale of reusable bags as  defined
     2  in  section  27-2801  of the environmental conservation law, the sale of
     3  corkscrews or the sale of ice or the  sale  of  publications,  including
     4  prerecorded  video and/or audio cassette tapes, or educational seminars,
     5  designed to help educate consumers in their knowledge  and  appreciation
     6  of  alcoholic beverages, as defined in section three of this chapter and
     7  allowed pursuant to their license, or the sale of  non-carbonated,  non-
     8  flavored  mineral  waters, spring waters and drinking waters or the sale
     9  of glasses designed for the consumption of wine, racks designed for  the
    10  storage  of  wine, and devices designed to minimize oxidation in bottles
    11  of wine which have been uncorked, or the sale of gift bags, gift  boxes,
    12  or  wrapping, for alcoholic beverages purchased at the licensed premises
    13  shall not constitute engaging in another business within the meaning  of
    14  this subdivision. Any fee obtained from the sale of an educational semi-
    15  nar shall not be considered as a fee for any tasting that may be offered
    16  during an educational seminar, provided that such tastings are available
    17  to  persons who have not paid to attend the seminar and all tastings are
    18  conducted in accordance with section sixty-three-a of this article.
    19    § 4. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
    20  amended  by  section  1 of part AA of chapter 58 of the laws of 2018, is
    21  amended to read as follows:
    22    3. Such fund shall consist of the amount of revenue  collected  within
    23  the  state  from the amount of revenue, interest and penalties deposited
    24  pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
    25  amount  of fees and penalties received from easements or leases pursuant
    26  to subdivision fourteen of section seventy-five of the public lands  law
    27  and  the  money  received  as annual service charges pursuant to section
    28  four hundred four-n of the vehicle and traffic law, all moneys  required
    29  to  be  deposited  therein from the contingency reserve fund pursuant to
    30  section two hundred ninety-four of chapter fifty-seven of  the  laws  of
    31  nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
    32  pursuant to section thirteen of chapter six hundred ten of the  laws  of
    33  nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
    34  section 54-0511 of the environmental conservation law, all moneys to  be
    35  deposited from the Northville settlement pursuant to section one hundred
    36  twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
    37  hundred ninety-six, provided however, that such  moneys  shall  only  be
    38  used  for  the cost of the purchase of private lands in the core area of
    39  the central Suffolk pine barrens pursuant to a consent  order  with  the
    40  Northville  industries  signed  on  October thirteenth, nineteen hundred
    41  ninety-four and the related resource restoration and  replacement  plan,
    42  the  amount  of  penalties  required  to be deposited therein by section
    43  71-2724 of the environmental conservation law, all moneys required to be
    44  deposited pursuant to article thirty-three of the environmental  conser-
    45  vation  law, all fees collected pursuant to subdivision eight of section
    46  70-0117 of the environmental  conservation  law,  all  moneys  collected
    47  pursuant  to  title thirty-three of article fifteen of the environmental
    48  conservation law, beginning with the fiscal  year  commencing  on  April
    49  first,  two  thousand thirteen, nineteen million dollars, and all fiscal
    50  years thereafter, twenty-three million dollars plus all  funds  received
    51  by  the  state  each  fiscal year in excess of the greater of the amount
    52  received from April first, two thousand  twelve  through  March  thirty-
    53  first,  two  thousand  thirteen  or  one  hundred twenty-two million two
    54  hundred thousand dollars, from the payments collected pursuant to subdi-
    55  vision four of section 27-1012 of the environmental conservation law and
    56  all funds collected pursuant to section  27-1015  of  the  environmental

        S. 1508--C                         13                         A. 2008--C
 
     1  conservation  law,  all  moneys  required  to  be  deposited pursuant to
     2  sections 27-2805 and 27-2807 of the environmental conservation law,  and
     3  all  other moneys credited or transferred thereto from any other fund or
     4  source  pursuant  to  law. All such revenue shall be initially deposited
     5  into the environmental protection fund, for application as  provided  in
     6  subdivision five of this section.
     7    § 5. This act shall take effect March 1, 2020.
 
     8                                   PART I
 
     9                            Intentionally Omitted
 
    10                                   PART J

    11                            Intentionally Omitted
 
    12                                   PART K
 
    13                            Intentionally Omitted
 
    14                                   PART L
 
    15    Section  1. The banking law is amended by adding a new article 14-A to
    16  read as follows:
    17                                ARTICLE 14-A
    18                           STUDENT LOAN SERVICERS
    19  Section 710. Definitions.
    20          711. Licensing.
    21          712. Application for a student loan servicer license; fees.
    22          713. Application process to receive license  to  engage  in  the
    23                 business of student loan servicing.
    24          714. Changes in officers and directors.
    25          715. Changes in control.
    26          716. Grounds for suspension or revocation of license.
    27          717. Books and records; reports and electronic filing.
    28          718. Rules and regulations.
    29          719. Prohibited practices.
    30          720. Servicing student loans without a license.
    31          721. Responsibilities.
    32          722. Examinations.
    33          723. Penalties for violations of this article.
    34          724. Severability of provisions.
    35          725. Compliance with other laws.
    36    §  710. Definitions. 1. "Applicant" shall mean any person applying for
    37  a license under this article.
    38    2. "Borrower" shall mean any resident of this state who has received a
    39  student loan or agreed in writing to pay a student loan  or  any  person
    40  who  shares a legal obligation with such resident for repaying a student
    41  loan.
    42    3. "Borrower benefit" shall mean an incentive offered to a borrower in
    43  connection with the origination of a student  loan,  including  but  not
    44  limited  to  an interest rate reduction, principal rebate, fee waiver or
    45  rebate, loan cancellation, or cosigner release.
    46    4. "Exempt organization" shall mean any banking organization,  foreign
    47  banking corporation, national bank, federal savings association, federal
    48  credit union, or any bank, trust company, savings bank, savings and loan

        S. 1508--C                         14                         A. 2008--C

     1  association,  or  credit  union  organized  under  the laws of any other
     2  state, any  public  postsecondary  educational  institution  or  private
     3  nonprofit  postsecondary  educational institution or any person licensed
     4  or  supervised  by  the  department  and  exempted by the superintendent
     5  pursuant to regulations promulgated in accordance with this article.
     6    5. "Person"  shall  mean  any  individual,  association,  corporation,
     7  limited  liability company, partnership, trust, unincorporated organiza-
     8  tion, government, and any other entity.
     9    6. "Servicer" or "student loan servicer" shall mean a  person  engaged
    10  in the business of servicing student loans owed by one or more borrowers
    11  residing in this state.
    12    7. "Servicing" shall mean:
    13    (a) receiving any payment from a borrower pursuant to the terms of any
    14  student loan;
    15    (b)  applying  any  payment  to the borrower's account pursuant to the
    16  terms of a student loan or the contract governing the servicing  of  any
    17  such loans;
    18    (c) providing any notification of amounts owed on a student loan by or
    19  on  account  of  any borrower in conjunction with performing such activ-
    20  ities as described in paragraphs (a), (b), or (d) of this subdivision;
    21    (d) during a period where a borrower is not required to make a payment
    22  on a student loan, maintaining account records for the student loan  and
    23  communicating  with the borrower regarding the student loan on behalf of
    24  the owner of the student loan promissory note;
    25    (e) interacting with a borrower  with  respect  to  or  regarding  any
    26  attempt to avoid default on the borrower's student loan, or facilitating
    27  the  activities described in paragraph (a) or (b) of this subdivision in
    28  conjunction with performing such activities as described  in  paragraphs
    29  (a), (b), or (d) of this subdivision; or
    30    (f) performing other administrative services with respect to a borrow-
    31  er's  student  loan  in  conjunction  with performing such activities as
    32  described in paragraphs (a), (b), or (d) of this subdivision.
    33    8. "Student loan" shall mean any loan to a borrower to finance postse-
    34  condary education or expenses related to postsecondary education.
    35    9. "Federal student loan" means (a) any student loan  issued  pursuant
    36  to the William D. Ford Federal Direct Loan Program; (b) any student loan
    37  issued  pursuant to the Federal Family Education Loan Program, which was
    38  purchased by the government of the United States pursuant to the federal
    39  Ensuring Continued Access to Student Loans Act and is presently owned by
    40  the government of the United States; and  (c)  any  other  student  loan
    41  issued  pursuant  to  a federal program that is identified by the super-
    42  intendent as a "federal student loan" in a regulation.
    43    § 711. Licensing. 1. Except as provided in  subdivisions  two,  three,
    44  and  four  of  this  section,  no person shall engage in the business of
    45  servicing student loans owed by one or more borrowers residing  in  this
    46  state  without  first  being licensed by the superintendent as a student
    47  loan servicer in accordance with this article and  such  regulations  as
    48  may be prescribed by the superintendent.
    49    2.  The  licensing  provisions  of this article shall not apply to any
    50  exempt organization that is  a  student  loan  servicer;  provided  that
    51  unless  preempted  by  federal law such exempt organization notifies the
    52  superintendent that it is servicing student  loans  in  this  state  and
    53  complies  with sections seven hundred seventeen, seven hundred nineteen,
    54  seven hundred twenty-one, seven hundred twenty-three and  seven  hundred
    55  twenty-five  of  this  article  and any regulation applicable to student
    56  loan servicers promulgated by the superintendent.

        S. 1508--C                         15                         A. 2008--C
 
     1    3. Any person that services federal student loans owed by one or  more
     2  borrowers residing in this state shall be automatically deemed by opera-
     3  tion  of  law  to  have been issued a license to service federal student
     4  loans by the superintendent as of April first,  two  thousand  nineteen.
     5  Such person shall notify the superintendent that it is servicing federal
     6  student  loans  in  this  state  and  comply with sections seven hundred
     7  seventeen, seven  hundred  nineteen,  seven  hundred  twenty-one,  seven
     8  hundred  twenty-two,  seven hundred twenty-three and seven hundred twen-
     9  ty-five of this article and any regulation applicable  to  student  loan
    10  servicers  promulgated by the superintendent. The provisions of sections
    11  thirty-three, thirty-nine, and forty-four of  this  chapter  shall  also
    12  apply  to such person. The license automatically issued pursuant to this
    13  section shall only authorize the servicing of federal student  loans.  A
    14  person  that services both federal student loans and non-federal student
    15  loans shall be required to be licensed pursuant to  subdivision  one  of
    16  this  section  and sections seven hundred twelve and seven hundred thir-
    17  teen of this article in order to be authorized  to  service  non-federal
    18  student loans unless such person is also an exempt organization.
    19    4.  A person, other than an exempt organization, that services federal
    20  student loans owed by one or more borrowers residing in this  state  and
    21  that  is  not otherwise required to be licensed under this section shall
    22  notify the superintendent that it is servicing federal student loans  in
    23  this state and shall comply with sections seven hundred seventeen, seven
    24  hundred  nineteen,  seven  hundred twenty-one, seven hundred twenty-two,
    25  seven hundred twenty-three, and seven hundred twenty-five of this  arti-
    26  cle and any regulations applicable to student loan servicers promulgated
    27  by the superintendent.
    28    §  712. Application for a student loan servicer license; fees.  1. The
    29  application for a license to engage in the business of servicing student
    30  loans shall be in writing, under oath, and in the form prescribed by the
    31  superintendent. Notwithstanding article three of  the  state  technology
    32  law  or  any  other  law to the contrary, the superintendent may require
    33  that an application for a license or any other submission or application
    34  for approval as may be required by this article be made or  executed  by
    35  electronic means if he or she deems it necessary to ensure the efficient
    36  and  effective  administration  of  this  article. The application shall
    37  include a description of the activities of the applicant, in such detail
    38  and for such periods as the superintendent may require; including:
    39    (a) an affirmation of financial solvency  noting  such  capitalization
    40  requirements  as  may  be  required by the superintendent, and access to
    41  such credit as may be required by the superintendent;
    42    (b) a financial statement prepared by a certified  public  accountant,
    43  the  accuracy  of which is sworn to under oath before a notary public by
    44  an officer or other representative of the applicant who is authorized to
    45  execute such documents;
    46    (c) an affirmation that the applicant, or its members, officers, part-
    47  ners, directors and principals as may be appropriate, are at least twen-
    48  ty-one years of age;
    49    (d) information as to the character, fitness, financial  and  business
    50  responsibility,  background  and  experiences  of  the applicant, or its
    51  members, officers, partners, directors and principals as may  be  appro-
    52  priate;
    53    (e)  any  additional detail or information required by the superinten-
    54  dent.
    55    2. An application to become a licensed student loan  servicer  or  any
    56  application  with  respect  to  a  student loan servicer shall be accom-

        S. 1508--C                         16                         A. 2008--C
 
     1  plished by a fee as prescribed pursuant to section  eighteen-a  of  this
     2  chapter.
     3    §  713.  Application process to receive license to engage in the busi-
     4  ness of student loan servicing. 1. Upon the filing of an application for
     5  a license, if the superintendent shall find that the financial responsi-
     6  bility, experience, character, and general fitness of the applicant and,
     7  if applicable, the members, officers, partners, directors and principals
     8  of the applicant are such as to command the confidence of the  community
     9  and to warrant belief that the business will be operated honestly, fair-
    10  ly,  and efficiently within the purpose of this article, the superinten-
    11  dent shall thereupon issue a license in duplicate to engage in the busi-
    12  ness of servicing student loans described in section seven  hundred  ten
    13  of  this  article  in accordance with the provisions of this article. If
    14  the superintendent shall not so find, the superintendent shall not issue
    15  a license, and the superintendent shall so  notify  the  applicant.  The
    16  superintendent shall transmit one copy of a license to the applicant and
    17  file another in the office of the department of financial services. Upon
    18  receipt  of such license, a student loan servicer shall be authorized to
    19  engage in the business of servicing student loans in accordance with the
    20  provisions of this article. Such license shall remain in full force  and
    21  effect  until  it is surrendered by the servicer or revoked or suspended
    22  as hereinafter provided.
    23    2. The superintendent may refuse to issue a license pursuant  to  this
    24  article if he or she shall find that the applicant, or any person who is
    25  a  director,  officer,  partner, agent, employee, member, or substantial
    26  stockholder of the applicant:
    27    (a) within the last ten years prior to the date  of  application,  has
    28  committed  any  act  involving  dishonesty,  fraud,  deceit, or has been
    29  convicted of, or pleaded nolo contendere to, a crime directly related to
    30  the qualifications, functions, or duties related  to  servicing  student
    31  loans,  provided  that  any  criminal conviction be evaluated consistent
    32  with article twenty-three-A of the correction law;
    33    (b) has had a license or registration revoked by the superintendent or
    34  any other regulator or jurisdiction;
    35    (c) has been an officer,  director,  partner,  member  or  substantial
    36  stockholder of an entity which has had a license or registration revoked
    37  by the superintendent or any other regulator or jurisdiction; or
    38    (d)  has been an agent, employee, officer, director, partner or member
    39  of an entity which has had a license  or  registration  revoked  by  the
    40  superintendent  where  such  person  shall have been found by the super-
    41  intendent to bear responsibility in connection with the revocation.
    42    3. The term "substantial stockholder", as used in this section,  shall
    43  be  deemed  to refer to a person owning or controlling directly or indi-
    44  rectly ten per centum or more of the total outstanding stock of a corpo-
    45  ration.
    46    § 714. Changes in officers and directors. Upon any change  of  any  of
    47  the  executive  officers,  directors, partners or members of any student
    48  loan servicer required to be licensed under section seven hundred eleven
    49  of this article, the student loan servicer shall submit  to  the  super-
    50  intendent  the name, address, and occupation of each new officer, direc-
    51  tor, partner or member, and provide such other information as the super-
    52  intendent may require.
    53    § 715. Changes in control. 1. It shall be  unlawful  except  with  the
    54  prior  approval  of  the superintendent for any action to be taken which
    55  results in a change of control of the business of a student loan  servi-
    56  cer  required  to be licensed under section seven hundred eleven of this

        S. 1508--C                         17                         A. 2008--C

     1  article. Prior to any change of control, the person desirous of  acquir-
     2  ing  control of the business of a student loan servicer shall make writ-
     3  ten application to the superintendent and pay an  investigation  fee  as
     4  prescribed  pursuant to section eighteen-a of this chapter to the super-
     5  intendent. The application shall contain such information as the  super-
     6  intendent,  by  rule or regulation, may prescribe as necessary or appro-
     7  priate  for  the  purpose  of  making  the  determination  required   by
     8  subdivision  two of this section. This information shall include but not
     9  be limited to the information and other material required for a  student
    10  loan servicer by subdivision one of section seven hundred twelve of this
    11  article.
    12    2.  The superintendent shall approve or disapprove the proposed change
    13  of control of a student loan servicer  required  to  be  licensed  under
    14  section  seven  hundred  eleven  of  this article in accordance with the
    15  provisions of section seven hundred thirteen of this article.
    16    3. For a period of six months from the date of  qualification  thereof
    17  and  for  such  additional  period  of  time  as  the superintendent may
    18  prescribe, in writing, the provisions of subdivisions  one  and  two  of
    19  this  section  shall  not apply to a transfer of control by operation of
    20  law to the legal representative, as hereinafter defined, of one who  has
    21  control  of  a  student  loan servicer. Thereafter, such legal represen-
    22  tative shall comply with the provisions of subdivisions one and  two  of
    23  this section. The provisions of subdivisions one and two of this section
    24  shall be applicable to an application made under such section by a legal
    25  representative.  The  term  "legal  representative", for the purposes of
    26  this subdivision, shall mean one duly appointed by a court of  competent
    27  jurisdiction  to  act  as  executor,  administrator, trustee, committee,
    28  conservator or receiver, including one who succeeds  a  legal  represen-
    29  tative  and  one  acting  in an ancillary capacity thereto in accordance
    30  with the provisions of such court appointment.
    31    4. As used in this section the term "control"  means  the  possession,
    32  directly or indirectly, of the power to direct or cause the direction of
    33  the  management and policies of a student loan servicer, whether through
    34  the ownership of voting stock of such student loan servicer, the  owner-
    35  ship  of voting stock of any person which possesses such power or other-
    36  wise. Control shall be presumed to exist  if  any  person,  directly  or
    37  indirectly, owns, controls or holds with power to vote ten per centum or
    38  more  of  the voting stock of any student loan servicer or of any person
    39  which owns, controls or holds with power to vote ten per centum or  more
    40  of the voting stock of any student loan servicer, but no person shall be
    41  deemed  to  control a student loan servicer solely by reason of being an
    42  officer or director of such student loan  servicer.  The  superintendent
    43  may  in  his  or  her discretion, upon the application of a student loan
    44  servicer or any person who, directly or indirectly,  owns,  controls  or
    45  holds  with power to vote or seeks to own, control or hold with power to
    46  vote any voting stock of such student loan servicer,  determine  whether
    47  or  not  the  ownership, control or holding of such voting stock consti-
    48  tutes or would constitute control of  such  student  loan  servicer  for
    49  purposes of this section.
    50    §  716.  Grounds  for  suspension  or  revocation of license. 1. After
    51  notice and hearing, the superintendent may revoke or suspend any license
    52  to engage in the business of a student loan servicer issued pursuant  to
    53  this article if he or she shall find that:
    54    (a) a servicer has violated any provision of this article, any rule or
    55  regulation  promulgated  by  the  superintendent  under  and  within the
    56  authority of this article, or any other applicable law;

        S. 1508--C                         18                         A. 2008--C
 
     1    (b) any fact or condition exists which, if it had existed at the  time
     2  of  the  original application for such license, would have warranted the
     3  superintendent refusing originally to issue such license;
     4    (c) a servicer does not cooperate with an examination or investigation
     5  by the superintendent;
     6    (d)  a  servicer  engages  in fraud, intentional misrepresentation, or
     7  gross negligence in servicing a student loan;
     8    (e) the competence, experience, character, or general fitness  of  the
     9  servicer, an individual controlling, directly or indirectly, ten percent
    10  or  more  of  the  outstanding  interests, or any person responsible for
    11  servicing a student loan for the servicer indicates that it  is  not  in
    12  the public interest to permit the servicer to continue servicing student
    13  loans;
    14    (f) the servicer engages in an unsafe or unsound practice;
    15    (g) the servicer is insolvent, suspends payment of its obligations, or
    16  makes a general assignment for the benefit of its creditors; or
    17    (h) a servicer has violated the laws of this state, any other state or
    18  any  federal  law  involving fraudulent or dishonest dealing, or a final
    19  judgement has been entered against a student loan servicer  in  a  civil
    20  action upon grounds of fraud, misrepresentation or deceit.
    21    2.  The  superintendent  may, on good cause shown, or where there is a
    22  substantial risk of public harm, suspend any license for  a  period  not
    23  exceeding  thirty  days, pending investigation. "Good cause", as used in
    24  this subdivision, shall exist when a student loan servicer has defaulted
    25  or is likely to default  in  performing  its  financial  engagements  or
    26  engages  in  dishonest or inequitable practices which may cause substan-
    27  tial harm to the persons afforded the protection of this article.
    28    3. Except as provided in subdivision two of this section,  no  license
    29  shall  be  revoked or suspended except after notice and hearing thereon.
    30  Any order of suspension issued after notice and a hearing may include as
    31  a condition of reinstatement that the student loan servicer make  resti-
    32  tution  to consumers of fees or other charges which have been improperly
    33  charged or  collected,  including  but  not  limited  to  by  allocating
    34  payments contrary to a borrower's direction or in a manner that fails to
    35  help  a borrower avoid default, as determined by the superintendent. Any
    36  hearing held pursuant  to  the  provisions  of  this  section  shall  be
    37  noticed,  conducted and administered in compliance with the state admin-
    38  istrative procedure act.
    39    4. Any student loan servicer may surrender any license  by  delivering
    40  to  the  superintendent  written  notice that it thereby surrenders such
    41  license, but such surrender shall not affect such  servicer's  civil  or
    42  criminal  liability  for acts committed prior to such surrender. If such
    43  surrender is made after the issuance by the superintendent of  a  state-
    44  ment  of  charges  and notice of hearing, the superintendent may proceed
    45  against the servicer as if such surrender had not taken place.
    46    5. No revocation, suspension, or surrender of any license shall impair
    47  or affect the obligation of any pre-existing lawful contract between the
    48  student loan servicer and any person, including the department of finan-
    49  cial services.
    50    6. Every license issued pursuant to this article shall remain in force
    51  and effect until the  same  shall  have  been  surrendered,  revoked  or
    52  suspended in accordance with any other provisions of this article.
    53    7.  Whenever  the  superintendent  shall  revoke  or suspend a license
    54  issued pursuant to this article, he or she shall  forthwith  execute  in
    55  duplicate  a written order to that effect. The superintendent shall file
    56  one copy of such order in the office of the department and shall  forth-

        S. 1508--C                         19                         A. 2008--C

     1  with serve the other copy upon the student loan servicer. Any such order
     2  may  be  reviewed in the manner provided by article seventy-eight of the
     3  civil practice law and rules.
     4    §  717.  Books  and  records;  reports  and electronic filing. 1. Each
     5  student loan servicer shall keep and use in  its  business  such  books,
     6  accounts  and  records  as  will  enable the superintendent to determine
     7  whether such servicer or  exempt  organization  is  complying  with  the
     8  provisions  of  this article and with the rules and regulations lawfully
     9  made by the superintendent. Every servicer shall  preserve  such  books,
    10  accounts, and records, for at least three years.
    11    2.  (a) Each student loan servicer, other than an exempt organization,
    12  shall annually, on or before a date to be determined by the  superinten-
    13  dent,  file  a report with the superintendent giving such information as
    14  the superintendent may require concerning the  business  and  operations
    15  during  the  preceding calendar year of such servicer under authority of
    16  this article. Such report shall be subscribed and affirmed  as  true  by
    17  the  servicer  under  the  penalties of perjury and shall be in the form
    18  prescribed by the superintendent.
    19    (b) In addition to annual reports, the superintendent may require such
    20  additional regular or special reports as he or she may deem necessary to
    21  the proper supervision of student loan  servicers  under  this  article.
    22  Such  additional reports shall be subscribed and affirmed as true by the
    23  servicer under the penalties  of  perjury  and  shall  be  in  the  form
    24  prescribed by the superintendent.
    25    3.  Notwithstanding  article  three of the state technology law or any
    26  other law to the contrary,  the  superintendent  may  require  that  any
    27  submission  or approval as may be required by the superintendent be made
    28  or executed by electronic means if he  or  she  deems  it  necessary  to
    29  ensure the efficient administration of this article.
    30    §  718.  Rules  and  Regulations. 1. In addition to such powers as may
    31  otherwise be prescribed by law, the superintendent is hereby  authorized
    32  and  empowered  to  promulgate  such rules and regulations as may in the
    33  judgement of the superintendent be consistent with the purposes of  this
    34  article,  or  appropriate for the effective administration of this arti-
    35  cle, including, but not limited to:
    36    (a) Such rules and regulations in connection with  the  activities  of
    37  student  loan  servicers  as  may  be  necessary and appropriate for the
    38  protection of borrowers in this state.
    39    (b) Such rules and regulations as may be necessary and appropriate  to
    40  define unfair, deceptive or abusive acts or practices in connection with
    41  the activities of student loan servicers.
    42    (c)  Such  rules  and regulations as may define the terms used in this
    43  article and as may be necessary and appropriate to interpret and  imple-
    44  ment the provisions of this article.
    45    (d) Such rules and regulations as may be necessary for the enforcement
    46  of this article.
    47    2.  The superintendent is hereby authorized and empowered to make such
    48  specific rulings, demands and findings as the  superintendent  may  deem
    49  necessary for the proper conduct of the student loan servicing industry.
    50    § 719. Prohibited practices. No student loan servicer shall:
    51    1.  Employ  any  scheme,  device  or  artifice to defraud or mislead a
    52  borrower;
    53    2. Engage in any unfair, deceptive or predatory act or practice toward
    54  any  person  or  misrepresent  or  omit  any  material  information   in
    55  connection  with  the  servicing  of  a student loan, including, but not
    56  limited to, misrepresenting the amount, nature or terms of  any  fee  or

        S. 1508--C                         20                         A. 2008--C
 
     1  payment due or claimed to be due on a student loan, the terms and condi-
     2  tions  of  the  loan  agreement  or the borrower's obligations under the
     3  loan;
     4    3. Misapply payments to the outstanding balance of any student loan or
     5  to any related interest or fees;
     6    4. Provide inaccurate information to a consumer reporting agency;
     7    5.  Refuse  to  communicate  with  an authorized representative of the
     8  borrower who provides a written authorization signed  by  the  borrower,
     9  provided  that  the  servicer may adopt procedures reasonably related to
    10  verifying that the representative is in fact authorized to act on behalf
    11  of the borrower;
    12    6. Make any false statement or make any omission of a material fact in
    13  connection with any information or reports  filed  with  a  governmental
    14  agency  or  in connection with any investigation conducted by the super-
    15  intendent or another governmental agency;
    16    7. Fail to respond within fifteen calendar days to communications from
    17  the department, or within such shorter, reasonable time as  the  depart-
    18  ment may request in his or her communication; or
    19    8.  Fail  to  provide  a  response  within  fifteen calendar days to a
    20  consumer complaint submitted to  the  servicer  by  the  department.  If
    21  necessary,  a  student loan servicer may request additional time up to a
    22  maximum of forty-five calendar  days,  provided  that  such  request  is
    23  accompanied by an explanation why such additional time is reasonable and
    24  necessary.
    25    §  720. Servicing student loans without a license. 1. Whenever, in the
    26  opinion of the superintendent, a person is engaged in  the  business  of
    27  servicing  student loans, either actually or through subterfuge, without
    28  a license from the superintendent, the  superintendent  may  order  that
    29  person  to desist and refrain from engaging in the business of servicing
    30  student loans in the state. If, within thirty days  after  an  order  is
    31  served,  a  request for a hearing is filed in writing and the hearing is
    32  not held within sixty days of the filing, the order shall be rescinded.
    33    2. This section does not apply to exempt organizations.
    34    § 721. Responsibilities. 1.  If  a  student  loan  servicer  regularly
    35  reports  information  to a consumer reporting agency, the servicer shall
    36  accurately report a borrower's  payment  performance  to  at  least  one
    37  consumer reporting agency that compiles and maintains files on consumers
    38  on  a  nationwide basis as defined in Section 603(p) of the federal Fair
    39  Credit Reporting Act (15 U.S.C. Sec. 1681a(p)),  upon  acceptance  as  a
    40  data furnisher by that consumer reporting agency.
    41    2. (a) Except as provided in federal law or required by a student loan
    42  agreement,  a  student  loan servicer shall inquire of a borrower how to
    43  apply a borrower's nonconforming payment. A borrower's direction on  how
    44  to  apply  a nonconforming payment shall remain in effect for any future
    45  nonconforming payment during the  term  of  a  student  loan  until  the
    46  borrower provides different directions.
    47    (b)  For  purposes  of this subdivision, "nonconforming payment" shall
    48  mean a payment that is either more or less than the borrower's  required
    49  student loan payment.
    50    3.  (a) If the sale, assignment, or other transfer of the servicing of
    51  a student loan results in a change in the identity of the person to whom
    52  the borrower is required to  send  subsequent  payments  or  direct  any
    53  communications  concerning  the  student  loan,  a student loan servicer
    54  shall transfer  all  information  regarding  a  borrower,  a  borrower's
    55  account, and a borrower's student loan, including but not limited to the
    56  borrower's  repayment  status  and any borrower benefits associated with

        S. 1508--C                         21                         A. 2008--C
 
     1  the borrower's student loan, to the new student loan servicer  servicing
     2  the borrower's student loan within forty-five days.
     3    (b)  A  student  loan  servicer shall adopt policies and procedures to
     4  verify that it has received all  information  regarding  a  borrower,  a
     5  borrower's  account,  and  a  borrower's student loan, including but not
     6  limited to the borrower's repayment status  and  any  borrower  benefits
     7  associated  with  the borrower's student loan, when the servicer obtains
     8  the right to service a student loan.
     9    4. If a student loan servicer sells, assigns, or  otherwise  transfers
    10  the  servicing of a student loan to a new servicer, the sale, assignment
    11  or other transfer shall be completed at  least  seven  days  before  the
    12  borrower's next payment is due.
    13    5.  (a)  A  student  loan  servicer  that sells, assigns, or otherwise
    14  transfers the servicing of a student loan shall require as  a  condition
    15  of  such  sale,  assignment  or other transfer that the new student loan
    16  servicer shall honor all borrower  benefits  originally  represented  as
    17  being  available  to a borrower during the repayment of the student loan
    18  and the possibility of such benefits, including any benefits  that  were
    19  represented  as  being  available but for which the borrower had not yet
    20  qualified.
    21    (b) A student loan servicer  that  obtains  the  right  to  service  a
    22  student loan shall honor all borrower benefits originally represented as
    23  being  available  to a borrower during the repayment of the student loan
    24  and the possibility of such benefits, including any benefits  that  were
    25  represented  as  being  available but for which the borrower had not yet
    26  qualified.
    27    6. A student loan servicer shall  respond  within  thirty  days  after
    28  receipt  to  a written inquiry from a borrower or a borrower's represen-
    29  tative.
    30    7. A student loan servicer shall preserve records of each student loan
    31  and all communications with  borrowers  for  not  less  than  two  years
    32  following the final payment on such student loan or the sale, assignment
    33  or  other  transfer  of  the  servicing  of such student loan, whichever
    34  occurs first, or such longer period as may  be  required  by  any  other
    35  provision of law.
    36    §  722.  Examinations.  1.  The superintendent may at any time, and as
    37  often as he or she may determine, either personally or by a person  duly
    38  designated  by  the superintendent, investigate the business and examine
    39  the books, accounts, records, and files used therein  of  every  student
    40  loan  servicer.  For that purpose the superintendent and his or her duly
    41  designated representative shall have free  access  to  the  offices  and
    42  places  of  business, books, accounts, papers, records, files, safes and
    43  vaults of all such servicers. The superintendent  and  any  person  duly
    44  designated  by him or her shall have authority to require the attendance
    45  of and to examine under oath all persons whose testimony he or  she  may
    46  require relative to such business.
    47    2.  No  person  subject  to  investigation  or  examination under this
    48  section may knowingly withhold, abstract, remove, mutilate,  destroy  or
    49  secrete any books, records, computer records or other information.
    50    3.  The  expenses  incurred in making any examination pursuant to this
    51  section shall be assessed against and paid by the student loan  servicer
    52  so examined, except that travelling and subsistence expenses so incurred
    53  shall  be  charged  against and paid by servicers in such proportions as
    54  the superintendent shall deem just  and  reasonable,  and  such  propor-
    55  tionate  charges  shall be added to the assessment of the other expenses
    56  incurred upon each examination. Upon written notice by  the  superinten-

        S. 1508--C                         22                         A. 2008--C
 
     1  dent  of  the total amount of such assessment, the servicer shall become
     2  liable for and shall pay such assessment to the superintendent.
     3    4. In any hearing in which a department employee acting under authori-
     4  ty  of  this  chapter  is  available for cross-examination, any official
     5  written report, worksheet, other related papers, or duly certified  copy
     6  thereof,  compiled, prepared, drafted, or otherwise made by said depart-
     7  ment employee, after being duly authenticated by said employee,  may  be
     8  admitted  as competent evidence upon the oath of said employee that said
     9  worksheet,  investigative  report,  or  other  related  documents   were
    10  prepared  as  a  result  of an examination of the books and records of a
    11  servicer or other person, conducted pursuant to the  authority  of  this
    12  chapter.
    13    5.  Unless  it is an exempt organization, affiliates of a student loan
    14  servicer are subject to examination by the superintendent  on  the  same
    15  terms  as the servicer, but only when reports from, or examination of, a
    16  servicer provides evidence of unlawful activity between a  servicer  and
    17  affiliate  benefitting,  affecting, or arising from the activities regu-
    18  lated by this article.
    19    6. This section shall not apply to exempt organizations. To the extent
    20  the superintendent is authorized by any other law to make an examination
    21  into the affairs of any exempt organization, this subdivision shall  not
    22  be construed to limit in any way the superintendent's authority, regard-
    23  ing the subjects of such an examination, or otherwise.
    24    § 723. Penalties for violation of this article. 1. In addition to such
    25  penalties  as  may  otherwise  be  applicable  by law, including but not
    26  limited to the penalties available  under  section  forty-four  of  this
    27  chapter,  the  superintendent may, after notice and hearing, require any
    28  person found violating the provisions of this article or  the  rules  or
    29  regulations  promulgated  hereunder to pay to the people of this state a
    30  penalty for each violation of the article or any  regulation  or  policy
    31  promulgated  hereunder  a sum not to exceed the greater of (i) two thou-
    32  sand dollars or where such violation is willful ten thousand dollars for
    33  each offense; (ii) a multiple of two times the aggregate damages attrib-
    34  utable to the violation; or (iii) a multiple of two times the  aggregate
    35  economic gain attributable to the violation.
    36    2.  Nothing  in  this  article shall limit any statutory or common-law
    37  right of any person to bring any action in any court for any act, or the
    38  right of the state to punish any person for any violation of any law.
    39    § 724. Severability of provisions. If any provision of  this  article,
    40  or  the  application  of  such  provision to any person or circumstance,
    41  shall be held invalid, illegal or unenforceable, the  remainder  of  the
    42  article,  and  the  application  of such provision to persons or circum-
    43  stances other than those as to which it  is  held  invalid,  illegal  or
    44  unenforceable, shall not be affected thereby.
    45    §  725.  Compliance  with  other laws. 1. Student loan servicers shall
    46  engage in the business of servicing student loans in conformity with the
    47  provisions of the financial services law, this chapter, such  rules  and
    48  regulations  as  may be promulgated by the superintendent thereunder and
    49  all applicable federal laws and the rules  and  regulations  promulgated
    50  thereunder.
    51    2.  Nothing  in this section shall be construed to limit any otherwise
    52  applicable state or federal law or regulations.
    53    § 2. Subdivision 10 of section 36 of the banking law,  as  amended  by
    54  chapter 182 of the laws of 2011, is amended to read as follows:
    55    10. All reports of examinations and investigations, correspondence and
    56  memoranda  concerning  or  arising  out of such examination and investi-

        S. 1508--C                         23                         A. 2008--C
 
     1  gations, including any duly authenticated copy or copies thereof in  the
     2  possession  of  any  banking  organization,  bank holding company or any
     3  subsidiary thereof (as such terms "bank holding  company"  and  "subsid-
     4  iary"  are  defined in article three-A of this chapter), any corporation
     5  or any other entity affiliated with a banking  organization  within  the
     6  meaning  of  subdivision six of this section and any non-banking subsid-
     7  iary of a corporation or any other entity which is  an  affiliate  of  a
     8  banking  organization  within  the  meaning of subdivision six-a of this
     9  section, foreign banking corporation, licensed lender,  licensed  casher
    10  of   checks,  licensed  mortgage  banker,  registered  mortgage  broker,
    11  licensed mortgage  loan  originator,  licensed  sales  finance  company,
    12  registered  mortgage  loan  servicer,  licensed  student  loan servicer,
    13  licensed insurance  premium  finance  agency,  licensed  transmitter  of
    14  money,  licensed  budget  planner, any other person or entity subject to
    15  supervision under this chapter, or the department, shall be confidential
    16  communications, shall not be subject to subpoena and shall not  be  made
    17  public  unless,  in  the  judgment  of  the  superintendent, the ends of
    18  justice and the public advantage will be subserved  by  the  publication
    19  thereof,  in which event the superintendent may publish or authorize the
    20  publication of a copy of any such report or any  part  thereof  in  such
    21  manner  as may be deemed proper or unless such laws specifically author-
    22  ize such disclosure. For the purposes of this subdivision,  "reports  of
    23  examinations  and  investigations,  and any correspondence and memoranda
    24  concerning or arising out  of  such  examinations  and  investigations",
    25  includes any such materials of a bank, insurance or securities regulato-
    26  ry  agency  or  any unit of the federal government or that of this state
    27  any other state or that of any foreign government which  are  considered
    28  confidential  by  such agency or unit and which are in the possession of
    29  the department or which are otherwise confidential materials  that  have
    30  been  shared  by  the department with any such agency or unit and are in
    31  the possession of such agency or unit.
    32    § 3. Section 39 of the banking law, as amended by section 1 of part FF
    33  of chapter 59 of the laws of 2004, subdivisions 1, 2 and 5 as amended by
    34  chapter 123 of the laws of 2009, subdivision 3 as amended by chapter 155
    35  of the laws of 2012 and subdivision 6 as amended by chapter 217  of  the
    36  laws of 2010, is amended to read as follows:
    37    § 39.  Orders  of superintendent. 1. To appear and explain an apparent
    38  violation. Whenever it shall appear to the superintendent that any bank-
    39  ing organization, bank  holding  company,  registered  mortgage  broker,
    40  licensed  mortgage  banker,  licensed  student loan servicer, registered
    41  mortgage loan servicer,  licensed  mortgage  loan  originator,  licensed
    42  lender,  licensed  casher  of  checks,  licensed  sales finance company,
    43  licensed insurance  premium  finance  agency,  licensed  transmitter  of
    44  money, licensed budget planner, out-of-state state bank that maintains a
    45  branch  or branches or representative or other offices in this state, or
    46  foreign banking corporation licensed by the superintendent to  do  busi-
    47  ness  or maintain a representative office in this state has violated any
    48  law or regulation, he or she may, in his or  her  discretion,  issue  an
    49  order  describing  such  apparent  violation  and requiring such banking
    50  organization, bank holding company, registered mortgage broker, licensed
    51  mortgage banker, licensed student loan servicer, licensed mortgage  loan
    52  originator,  licensed  lender, licensed casher of checks, licensed sales
    53  finance company, licensed insurance  premium  finance  agency,  licensed
    54  transmitter  of  money, licensed budget planner, out-of-state state bank
    55  that maintains a branch or branches or representative or  other  offices
    56  in  this  state,  or foreign banking corporation to appear before him or

        S. 1508--C                         24                         A. 2008--C
 
     1  her, at a time and place fixed in said order, to present an  explanation
     2  of such apparent violation.
     3    2.  To discontinue unauthorized or unsafe and unsound practices. When-
     4  ever it shall appear to the superintendent that  any  banking  organiza-
     5  tion,  bank  holding company, registered mortgage broker, licensed mort-
     6  gage banker, licensed student loan servicer,  registered  mortgage  loan
     7  servicer,  licensed  mortgage loan originator, licensed lender, licensed
     8  casher of checks, licensed sales  finance  company,  licensed  insurance
     9  premium  finance  agency, licensed transmitter of money, licensed budget
    10  planner, out-of-state state bank that maintains a branch or branches  or
    11  representative or other offices in this state, or foreign banking corpo-
    12  ration  licensed  by  the superintendent to do business in this state is
    13  conducting business in an unauthorized or unsafe and unsound manner,  he
    14  or  she  may,  in  his  or  her discretion, issue an order directing the
    15  discontinuance of such unauthorized or unsafe and unsound practices, and
    16  fixing a time and place at which such banking organization, bank holding
    17  company, registered mortgage broker, licensed mortgage banker,  licensed
    18  student loan servicer, registered mortgage loan servicer, licensed mort-
    19  gage  loan  originator,  licensed  lender,  licensed  casher  of checks,
    20  licensed sales finance company, licensed insurance premium finance agen-
    21  cy, licensed transmitter of money, licensed budget planner, out-of-state
    22  state bank that maintains a branch  or  branches  or  representative  or
    23  other  offices  in this state, or foreign banking corporation may volun-
    24  tarily appear before him or her to present any explanation in defense of
    25  the practices directed in said order to be discontinued.
    26    3. To make good impairment of capital or  to  ensure  compliance  with
    27  financial  requirements.  Whenever it shall appear to the superintendent
    28  that the capital or capital stock  of  any  banking  organization,  bank
    29  holding  company  or any subsidiary thereof which is organized, licensed
    30  or registered pursuant to this chapter, is impaired,  or  the  financial
    31  requirements  imposed by subdivision one of section two hundred two-b of
    32  this chapter or any regulation of the superintendent on  any  branch  or
    33  agency  of  a  foreign banking corporation or the financial requirements
    34  imposed by this chapter or any regulation of the superintendent  on  any
    35  licensed  lender,  registered mortgage broker, licensed mortgage banker,
    36  licensed student loan servicer,  licensed  casher  of  checks,  licensed
    37  sales  finance  company,  licensed  insurance  premium  finance  agency,
    38  licensed transmitter of money, licensed budget planner or private banker
    39  are not satisfied,  the  superintendent  may,  in  the  superintendent's
    40  discretion,  issue  an  order  directing that such banking organization,
    41  bank holding company, branch or agency of a foreign banking corporation,
    42  registered mortgage broker, licensed mortgage banker,  licensed  student
    43  loan  servicer,  licensed  lender,  licensed  casher of checks, licensed
    44  sales  finance  company,  licensed  insurance  premium  finance  agency,
    45  licensed transmitter of money, licensed budget planner, or private bank-
    46  er  make  good  such  deficiency forthwith or within a time specified in
    47  such order.
    48    4. To make good encroachments on reserves. Whenever it shall appear to
    49  the superintendent that either the total reserves or reserves on hand of
    50  any banking organization, branch or agency of a foreign  banking  corpo-
    51  ration  are  below the amount required by or pursuant to this chapter or
    52  any other applicable provision of law or regulation to be maintained, or
    53  that such banking organization, branch or agency of  a  foreign  banking
    54  corporation  is  not  keeping  its  reserves on hand as required by this
    55  chapter or any other applicable provision of law or  regulation,  he  or
    56  she  may,  in  his or her discretion, issue an order directing that such

        S. 1508--C                         25                         A. 2008--C
 
     1  banking organization, branch or agency of a foreign banking  corporation
     2  make  good  such  reserves  forthwith or within a time specified in such
     3  order, or that it keep its reserves on hand as required by this chapter.
     4    5.  To keep books and accounts as prescribed. Whenever it shall appear
     5  to the superintendent that any banking organization, bank holding compa-
     6  ny, registered  mortgage  broker,  licensed  mortgage  banker,  licensed
     7  student loan servicer, registered mortgage loan servicer, licensed mort-
     8  gage  loan  originator,  licensed  lender,  licensed  casher  of checks,
     9  licensed sales finance company, licensed insurance premium finance agen-
    10  cy, licensed transmitter of money, licensed budget  planner,  agency  or
    11  branch  of  a foreign banking corporation licensed by the superintendent
    12  to do business in this state, does not keep its books  and  accounts  in
    13  such manner as to enable him or her to readily ascertain its true condi-
    14  tion,  he or she may, in his or her discretion, issue an order requiring
    15  such banking organization, bank  holding  company,  registered  mortgage
    16  broker, licensed mortgage banker, licensed student loan servicer, regis-
    17  tered   mortgage  loan  servicer,  licensed  mortgage  loan  originator,
    18  licensed lender, licensed  casher  of  checks,  licensed  sales  finance
    19  company, licensed insurance premium finance agency, licensed transmitter
    20  of  money,  licensed  budget planner, or foreign banking corporation, or
    21  the officers or agents thereof, or any of them, to open  and  keep  such
    22  books  or accounts as he or she may, in his or her discretion, determine
    23  and prescribe for the purpose of keeping accurate and convenient records
    24  of its transactions and accounts.
    25    6. As used in this section, "bank holding company" shall have the same
    26  meaning as that term is defined in section one hundred forty-one of this
    27  chapter.
    28    § 4. Paragraph (a) of subdivision 1 of section 44 of the banking  law,
    29  as  amended  by  chapter  155 of the laws of 2012, is amended to read as
    30  follows:
    31    (a) Without limiting any power granted to the superintendent under any
    32  other provision of this chapter, the superintendent may, in a proceeding
    33  after notice and a hearing, require any safe deposit  company,  licensed
    34  lender,  licensed  casher  of  checks,  licensed  sales finance company,
    35  licensed insurance  premium  finance  agency,  licensed  transmitter  of
    36  money,  licensed mortgage banker, licensed student loan servicer, regis-
    37  tered mortgage broker, licensed  mortgage  loan  originator,  registered
    38  mortgage  loan  servicer or licensed budget planner to pay to the people
    39  of this state a penalty for any violation of  this  chapter,  any  regu-
    40  lation  promulgated  thereunder,  any  final  or  temporary order issued
    41  pursuant to section thirty-nine of this article, any  condition  imposed
    42  in  writing  by  the  superintendent in connection with the grant of any
    43  application or request, or any written agreement entered into  with  the
    44  superintendent.
    45    § 5. This act shall take effect on the one hundred eightieth day after
    46  it shall have become a law.
 
    47                                   PART M
 
    48    Section  1.  Section  2  of  part FF of chapter 55 of the laws of 2017
    49  relating to motor vehicles equipped with autonomous vehicle  technology,
    50  as  amended by section 2 of part H of chapter 58 of the laws of 2018, is
    51  amended to read as follows:
    52    § 2. The commissioner of motor vehicles shall,  in  consultation  with
    53  the superintendent of state police, submit a report to the governor, the
    54  temporary  president of the senate, the speaker of the assembly, and the

        S. 1508--C                         26                         A. 2008--C

     1  chairs of the senate  and  assembly  transportation  committees  on  the
     2  demonstrations  and  tests  authorized  by section one of this act. Such
     3  report shall include, but not be limited to, a description of the param-
     4  eters  and  purpose  of  such  demonstrations and tests, the location or
     5  locations where demonstrations and  tests  were  conducted,  the  demon-
     6  strations'  and  tests'  impacts  on  safety,  traffic  control, traffic
     7  enforcement, emergency services, and such other areas as may be  identi-
     8  fied by such commissioner. Such commissioner shall submit such report on
     9  or  before June 1, 2018 [and], June 1, 2019, and June first of each year
    10  this section remains in effect.
    11    § 2. Section 3 of part FF of chapter 55 of the laws of  2017  relating
    12  to  motor  vehicles  equipped  with  autonomous  vehicle  technology, as
    13  amended by section 3 of part H of chapter 58 of the  laws  of  2018,  is
    14  amended to read as follows:
    15    § 3. This act shall take effect April 1, 2017; provided, however, that
    16  section  one  of  this  act shall expire and be deemed repealed April 1,
    17  [2019] 2021.
    18    § 3. This act shall take effect immediately.
 
    19                                   PART N
 
    20                            Intentionally Omitted
 
    21                                   PART O
 
    22                            Intentionally Omitted
 
    23                                   PART P
 
    24                            Intentionally Omitted
 
    25                                   PART Q
 
    26                            Intentionally Omitted
 
    27                                   PART R
 
    28    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
    29  executive  law  relating to permitting the secretary of state to provide
    30  special handling for all documents filed or issued by  the  division  of
    31  corporations  and to permit additional levels of such expedited service,
    32  as amended by section 1 of part S of chapter 58 of the laws of 2018,  is
    33  amended to read as follows:
    34    §  2.  This  act shall take effect immediately, provided however, that
    35  section one of this act shall be deemed to have been in full  force  and
    36  effect  on  and  after  April 1, 2003 and shall expire March 31, [2019]
    37  2020.
    38    § 2. This act shall take effect immediately and  shall  be  deemed  to
    39  have been in full force and effect on and after March 31, 2019.
 
    40                                   PART S
 
    41                            Intentionally Omitted
 
    42                                   PART T

        S. 1508--C                         27                         A. 2008--C
 
     1                            Intentionally Omitted
 
     2                                   PART U
 
     3    Section  1.  Expenditures  of  moneys appropriated in a chapter of the
     4  laws of 2019 to the department  of  agriculture  and  markets  from  the
     5  special  revenue  funds-other/state  operations,  miscellaneous  special
     6  revenue fund-339,  public  service  account  shall  be  subject  to  the
     7  provisions  of  this section. Notwithstanding any other provision of law
     8  to the contrary, direct and indirect expenses relating to the department
     9  of  agriculture  and  markets'  participation  in   general   ratemaking
    10  proceedings  pursuant to section 65 of the public service law or certif-
    11  ication proceedings pursuant to article 7 or 10 of  the  public  service
    12  law, shall be deemed expenses of the department of public service within
    13  the  meaning  of  section  18-a of the public service law. No later than
    14  August 15, 2020, the commissioner of the department of  agriculture  and
    15  markets  shall submit an accounting of such expenses, including, but not
    16  limited to, expenses in the 2019--2020 state fiscal  year  for  personal
    17  and  non-personal  services  and  fringe  benefits,  to the chair of the
    18  public service  commission  for  the  chair's  review  pursuant  to  the
    19  provisions of section 18-a of the public service law.
    20    §  2.  Expenditures of moneys appropriated in a chapter of the laws of
    21  2019 to  the  department  of  state  from  the  special  revenue  funds-
    22  other/state  operations,  miscellaneous special revenue fund-339, public
    23  service account shall be subject to  the  provisions  of  this  section.
    24  Notwithstanding  any  other provision of law to the contrary, direct and
    25  indirect expenses relating  to  the  activities  of  the  department  of
    26  state's  utility  intervention unit pursuant to subdivision 4 of section
    27  94-a of the executive law, including, but not limited  to  participation
    28  in  general  ratemaking proceedings pursuant to section 65 of the public
    29  service law or certification proceedings pursuant to article 7 or 10  of
    30  the  public  service  law, shall be deemed expenses of the department of
    31  public service within the meaning of section 18-a of the public  service
    32  law.  No later than August 15, 2020, the secretary of state shall submit
    33  an  accounting of such expenses, including, but not limited to, expenses
    34  in the 2019--2020  state  fiscal  year  for  personal  and  non-personal
    35  services and fringe benefits, to the chair of the public service commis-
    36  sion  for  the chair's review pursuant to the provisions of section 18-a
    37  of the public service law.
    38    § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
    39  2019  to  the office of parks, recreation and historic preservation from
    40  the special revenue funds-other/state operations, miscellaneous  special
    41  revenue  fund-339,  public  service  account  shall  be  subject  to the
    42  provisions of this section. Notwithstanding any other provision  of  law
    43  to  the contrary, direct and indirect expenses relating to the office of
    44  parks, recreation and historic preservation's participation  in  general
    45  ratemaking  proceedings pursuant to section 65 of the public service law
    46  or certification proceedings pursuant to article 7 or 10 of  the  public
    47  service  law,  shall  be  deemed  expenses  of  the department of public
    48  service within the meaning of section 18-a of the public service law. No
    49  later than August 15, 2020, the commissioner of  the  office  of  parks,
    50  recreation  and historic preservation shall submit an accounting of such
    51  expenses, including, but not limited  to,  expenses  in  the  2019--2020
    52  state  fiscal  year  for  personal  and non-personal services and fringe
    53  benefits, to the chair of the public service commission for the  chair's

        S. 1508--C                         28                         A. 2008--C
 
     1  review  pursuant to the provisions of section 18-a of the public service
     2  law.
     3    §  4.  Expenditures of moneys appropriated in a chapter of the laws of
     4  2019 to the department of environmental conservation  from  the  special
     5  revenue funds-other/state operations, environmental conservation special
     6  revenue  fund-301,  utility  environmental  regulation  account shall be
     7  subject to the provisions of this  section.  Notwithstanding  any  other
     8  provision  of law to the contrary, direct and indirect expenses relating
     9  to the department of environmental conservation's participation in state
    10  energy policy proceedings,  or  certification  proceedings  pursuant  to
    11  article  7  or 10 of the public service law, shall be deemed expenses of
    12  the department of public service within the meaning of section  18-a  of
    13  the  public service law. No later than August 15, 2020, the commissioner
    14  of the department of environmental conservation shall submit an account-
    15  ing of such expenses, including, but not limited  to,  expenses  in  the
    16  2019--2020  state fiscal year for personal and non-personal services and
    17  fringe benefits, to the chair of the public service commission  for  the
    18  chair's  review pursuant to the provisions of section 18-a of the public
    19  service law.
    20    § 5. Notwithstanding any other law, rule or regulation to the  contra-
    21  ry,  expenses  of  the  department  of  health  public service education
    22  program incurred pursuant to appropriations from  the  cable  television
    23  account of the state miscellaneous special revenue funds shall be deemed
    24  expenses  of  the department of public service. No later than August 15,
    25  2020, the commissioner of the  department  of  health  shall  submit  an
    26  accounting  of expenses in the 2019--2020 state fiscal year to the chair
    27  of the public service commission for the chair's review pursuant to  the
    28  provisions of section 217 of the public service law.
    29    §  6.  Any  expense  deemed to be expenses of the department of public
    30  service pursuant to sections one through four of this act shall  not  be
    31  recovered  through  assessments  imposed  upon telephone corporations as
    32  defined in subdivision 17 of section 2 of the public service law.
    33    § 7. This act shall take effect immediately and  shall  be  deemed  to
    34  have  been in full force and effect on and after April 1, 2019 and shall
    35  be deemed repealed April 1, 2020.
 
    36                                   PART V
 
    37                            Intentionally Omitted
 
    38                                   PART W
 
    39    Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
    40  research  and  development  authority  for  services and expenses of the
    41  energy  research,  development  and  demonstration  program,   including
    42  grants, the energy policy and planning program, the zero emissions vehi-
    43  cle  and  electric vehicle rebate program, and the Fuel NY program shall
    44  be subject to  the  provisions  of  this  section.  Notwithstanding  the
    45  provisions of subdivision 4-a of section 18-a of the public service law,
    46  all  moneys committed or expended in an amount not to exceed $19,700,000
    47  shall be reimbursed by assessment against gas corporations,  as  defined
    48  in  subdivision  11  of section 2 of the public service law and electric
    49  corporations as defined in subdivision 13 of section  2  of  the  public
    50  service  law, where such gas corporations and electric corporations have
    51  gross revenues from intrastate utility operations in excess of  $500,000
    52  in  the  preceding  calendar  year,  and  the  total amount which may be

        S. 1508--C                         29                         A. 2008--C
 
     1  charged to any gas corporation and any electric  corporation  shall  not
     2  exceed  one  cent  per one thousand cubic feet of gas sold and .010 cent
     3  per kilowatt-hour of electricity sold  by  such  corporations  in  their
     4  intrastate  utility operations in calendar year 2017. Such amounts shall
     5  be excluded from the general assessment provisions of subdivision  2  of
     6  section  18-a of the public service law. The chair of the public service
     7  commission shall bill such gas and/or  electric  corporations  for  such
     8  amounts  on  or before August 10, 2019 and such amounts shall be paid to
     9  the New York state energy  research  and  development  authority  on  or
    10  before  September  10,  2019.  Upon  receipt,  the New York state energy
    11  research and development authority shall deposit such funds in the ener-
    12  gy research and  development  operating  fund  established  pursuant  to
    13  section  1859  of  the public authorities law. The New York state energy
    14  research and development authority is authorized and  directed  to:  (1)
    15  transfer  $1 million to the state general fund for services and expenses
    16  of the department of environmental conservation, $150,000 to  the  state
    17  general  fund for services and expenses of the department of agriculture
    18  and markets, and $825,000 to the University of Rochester laboratory  for
    19  laser  energetics  from  the funds received; and (2) commencing in 2016,
    20  provide to the chair of the public service commission and  the  director
    21  of  the  budget and the chairs and secretaries of the legislative fiscal
    22  committees, on or before August first of each year, an itemized  record,
    23  certified by the president and chief executive officer of the authority,
    24  or  his  or her designee, detailing any and all expenditures and commit-
    25  ments ascribable to moneys received as a result of  this  assessment  by
    26  the  chair  of the department of public service pursuant to section 18-a
    27  of the public service law.  This itemized record shall include an  item-
    28  ized  breakdown  of  the  programs  being funded by this section and the
    29  amount committed to each program.  The authority shall  not  commit  for
    30  any  expenditure, any moneys derived from the assessment provided for in
    31  this section, until the chair of such authority  shall  have  submitted,
    32  and  the  director  of  the  budget shall have approved, a comprehensive
    33  financial plan encompassing all moneys available to and all  anticipated
    34  commitments  and  expenditures by such authority from any source for the
    35  operations of such authority.   Copies  of  the  approved  comprehensive
    36  financial plan shall be immediately submitted by the chair to the chairs
    37  and  secretaries  of the legislative fiscal committees.  Any such amount
    38  not committed by such authority to contracts or contracts to be  awarded
    39  or  otherwise  expended by the authority during the fiscal year shall be
    40  refunded by such authority on a pro-rata basis to such gas and/or  elec-
    41  tric  corporations,  in  a  manner to be determined by the department of
    42  public service, and any refund amounts must be explicitly lined  out  in
    43  the itemized record described above.
    44    §  2.  This  act  shall take effect immediately and shall be deemed to
    45  have been in full force and effect on and after April 1, 2019.
 
    46                                   PART X
 
    47                            Intentionally Omitted
 
    48                                   PART Y
 
    49    Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
    50  New York state urban development corporation act, relating to the powers
    51  of  the  New  York state urban development corporation to make loans, as

        S. 1508--C                         30                         A. 2008--C
 
     1  amended by section 1 of part P of chapter 58 of the  laws  of  2018,  is
     2  amended to read as follows:
     3    §  2.  This  act shall take effect immediately provided, however, that
     4  section one of this act shall expire on July 1, [2019]  2020,  at  which
     5  time the provisions of subdivision 26 of section 5 of the New York state
     6  urban  development  corporation  act shall be deemed repealed; provided,
     7  however, that neither the expiration nor the repeal of such  subdivision
     8  as provided for herein shall be deemed to affect or impair in any manner
     9  any  loan  made  pursuant  to the authority of such subdivision prior to
    10  such expiration and repeal.
    11    § 2. This act shall take effect immediately and  shall  be  deemed  to
    12  have been in full force and effect on and after April 1, 2019.
 
    13                                   PART Z
 
    14    Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
    15  of the laws of 1968 constituting the New York  state  urban  development
    16  corporation  act, as amended by section 1 of part O of chapter 58 of the
    17  laws of 2018, is amended to read as follows:
    18    3. The provisions of this section shall  expire,  notwithstanding  any
    19  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    20  the laws of 1996 or of any other law, on July 1, [2019] 2020.
    21    §  2.  This  act  shall take effect immediately and shall be deemed to
    22  have been in full force and effect on and after July 1, 2019.
 
    23                                   PART AA

    24                            Intentionally Omitted
 
    25                                   PART BB
 
    26                            Intentionally Omitted
 
    27                                   PART CC
 
    28                            Intentionally Omitted
 
    29                                   PART DD
 
    30                            Intentionally Omitted
 
    31                                   PART EE
 
    32                            Intentionally Omitted
 
    33                                   PART FF
 
    34    Section 1. Paragraphs (b-1) and (c-3) of subdivision 2 of section  503
    35  of  the  vehicle  and traffic law, paragraph (b-1) as added by section 1
    36  and paragraph (c-3) as added by section 2 of part A of chapter 25 of the
    37  laws of 2009, are amended  to read as follows:
    38    (b-1) Supplemental learner  permit/license  fee  in  the  metropolitan
    39  commuter transportation district. (i) Upon passage of the knowledge test
    40  required  to  obtain  a  learner's  permit,  an applicant for a driver's
    41  license who resides in the metropolitan commuter transportation district
    42  established by section one thousand two hundred sixty-two of the  public

        S. 1508--C                         31                         A. 2008--C
 
     1  authorities  law  shall  be  required  to  pay a supplemental fee of one
     2  dollar for each six months or portion thereof of the period of  validity
     3  of  a  learner's permit or license which is or may be issued pursuant to
     4  the  provisions  of  subparagraph  (i)  or (ii) of paragraph (b) of this
     5  subdivision.
     6    (ii) The commissioner shall deposit daily all funds collected pursuant
     7  to subparagraph (i) of this paragraph with such responsible banks, bank-
     8  ing houses or trust companies as may be designated by  the  state  comp-
     9  troller,  [to  the credit of the comptroller] in trust for the credit of
    10  the metropolitan transportation authority. An account may be established
    11  in one or more of such depositories. Such deposits shall be  kept  sepa-
    12  rate   and  apart  from  all  other  money  in  the  possession  of  the
    13  comptroller. On or before the twelfth day of each month, the commission-
    14  er shall certify to the comptroller the amount of all revenues  received
    15  pursuant to subparagraph (i) of this paragraph during the prior month as
    16  a  result  of  the  supplemental fee imposed, including any interest and
    17  penalties thereon. The revenues so certified over the prior three months
    18  in total shall be [deposited by the state comptroller in  the  metropol-
    19  itan  transportation  authority  aid  trust  account of the metropolitan
    20  transportation authority financial assistance fund established  pursuant
    21  to  section  ninety-two-ff of the state finance law for deposit, subject
    22  to] paid over by the fifteenth day of the last month  of  each  calendar
    23  quarter  from  such account, without appropriation, [in] into the corpo-
    24  rate transportation account of the metropolitan transportation authority
    25  special assistance fund established by section twelve hundred  seventy-a
    26  of  the  public  authorities law, to be applied as provided in paragraph
    27  (e) of subdivision four of such section. Any money collected pursuant to
    28  this section that is deposited by the comptroller in  the  [metropolitan
    29  transportation  authority  aid  trust  account] corporate transportation
    30  account of the metropolitan transportation authority [financial] special
    31  assistance fund shall be held in such fund free and clear of  any  claim
    32  by  any  person  or  entity  paying  an  additional fee pursuant to this
    33  section, including, without limiting the generality  of  the  foregoing,
    34  any  right  or  claim against the metropolitan transportation authority,
    35  any of its bondholders, or any subsidiary or affiliate of the  metropol-
    36  itan transportation authority.
    37    (c-3) (i) Supplemental renewal fee in the metropolitan commuter trans-
    38  portation district. In addition to the fees required to be paid pursuant
    39  to  paragraph  (c) of this subdivision, a supplemental fee of one dollar
    40  for each six months or portion thereof of the validity  of  the  license
    41  shall  be  paid  for renewal of a license of a person who resides in the
    42  metropolitan commuter transportation district established by section one
    43  thousand two hundred sixty-two of the public authorities law  issued  by
    44  the commissioner.
    45    (ii) The commissioner shall deposit daily all funds collected pursuant
    46  to  this  paragraph with such responsible banks, banking houses or trust
    47  companies as may be designated by the state comptroller, [to the  credit
    48  of  the  comptroller] in trust for the credit of the metropolitan trans-
    49  portation authority. An account may be established in  one  or  more  of
    50  such  depositories.  Such deposits shall be kept separate and apart from
    51  all other money in the possession of the comptroller.  On or before  the
    52  twelfth  day  of each month, the commissioner shall certify to the comp-
    53  troller the amount of all revenues received pursuant to  this  paragraph
    54  during  the  prior  month  as a result of the supplemental fees imposed,
    55  including any interest and penalties thereon. The revenues so  certified
    56  over  the  prior  three months in total shall be [deposited by the state

        S. 1508--C                         32                         A. 2008--C

     1  comptroller in  the  metropolitan  transportation  authority  aid  trust
     2  account  of  the metropolitan transportation authority financial assist-
     3  ance fund established pursuant to section  ninety-two-ff  of  the  state
     4  finance  law  for deposit, subject to] paid over by the fifteenth day of
     5  the last month of each  calendar  quarter  from  such  account,  without
     6  appropriation,  [in]  into  the  corporate transportation account of the
     7  metropolitan transportation authority  special  assistance  fund  estab-
     8  lished  by  section  twelve  hundred seventy-a of the public authorities
     9  law, to be applied as provided in paragraph (e) of subdivision  four  of
    10  such  section.  Any  money  collected  pursuant  to this section that is
    11  deposited by the comptroller in the [metropolitan transportation author-
    12  ity aid trust account] corporate transportation account of the metropol-
    13  itan transportation authority [financial] special assistance fund  shall
    14  be held in such fund free and clear of any claim by any person or entity
    15  paying  an  additional  fee pursuant to this section, including, without
    16  limiting the generality of the foregoing, any right or claim against the
    17  metropolitan transportation authority, any of its  bondholders,  or  any
    18  subsidiary or affiliate of the metropolitan transportation authority.
    19    §  2.    Section  499-d  of  the  vehicle and traffic law, as added by
    20  section 1 of part B of chapter 25 of the laws of  2009,  is  amended  to
    21  read as follows:
    22    § 499-d. Deposit and disposition of revenue from supplemental fee. The
    23  commissioner  shall  deposit daily all funds derived from the collection
    24  of the supplemental fee established pursuant to this article  with  such
    25  responsible  banks,  banking  houses or trust companies as may be desig-
    26  nated by the state comptroller, [to the credit of  the  comptroller]  in
    27  trust  for  the  credit of the metropolitan transportation authority. An
    28  account may be established in one or more  of  such  depositories.  Such
    29  deposits  shall  be  kept separate and apart from all other money in the
    30  possession of the comptroller.  On or before the  twelfth  day  of  each
    31  month,  the  commissioner shall certify to the comptroller the amount of
    32  all revenues received pursuant to this article during the prior month as
    33  a result of the supplemental fee imposed,  including  any  interest  and
    34  penalties thereon. The revenues so certified over the prior three months
    35  in  total  shall be [deposited by the state comptroller in the metropol-
    36  itan transportation authority aid  trust  account  of  the  metropolitan
    37  transportation  authority financial assistance fund established pursuant
    38  to section ninety-two-ff of the state finance law for  deposit,  subject
    39  to]  paid  over  by the fifteenth day of the last month of each calendar
    40  quarter from such account, without appropriation, [in] into  the  corpo-
    41  rate transportation account of the metropolitan transportation authority
    42  special  assistance fund established by section twelve hundred seventy-a
    43  of the public authorities law, to be applied as  provided  in  paragraph
    44  (e) of subdivision four of such section. Any money collected pursuant to
    45  this  section  that is deposited by the comptroller in the [metropolitan
    46  transportation authority aid  trust  account]  corporate  transportation
    47  account of the metropolitan transportation authority [financial] special
    48  assistance  fund  shall be held in such fund free and clear of any claim
    49  by any person or entity  paying  an  additional  fee  pursuant  to  this
    50  section,  including,  without  limiting the generality of the foregoing,
    51  any right or claim against the  metropolitan  transportation  authority,
    52  any  of its bondholders, or any subsidiary or affiliate of the metropol-
    53  itan transportation authority.
    54    § 3. Section 1288 of the tax law, as added by section 1 of part  E  of
    55  chapter 25 of the laws of 2009, is amended to read as follows:

        S. 1508--C                         33                         A. 2008--C

     1    §  1288.  Deposit  and  disposition  of  revenue.  Notwithstanding any
     2  provision of law to the contrary: (a) All taxes, interest and  penalties
     3  collected or received by the commissioner pursuant to this article shall
     4  be  deposited daily with such responsible banks, banking houses or trust
     5  companies,  as  may  be designated by the comptroller, [to the credit of
     6  the comptroller] in trust for the credit of the metropolitan transporta-
     7  tion authority. [Such an] An account may be established in one  or  more
     8  of  such  depositories.  Such  deposits shall be kept separate and apart
     9  from all other money in the possession of  the  comptroller.  The  comp-
    10  troller  shall  require adequate security from all such depositories. Of
    11  the total revenue collected or received under this  section,  the  comp-
    12  troller  shall  retain  in  the  comptroller's  hands such amount as the
    13  commissioner may determine to be necessary for refunds under this  arti-
    14  cle.  The  commissioner  is  authorized and directed to deduct from such
    15  amounts collected or received under this article,  before  deposit  into
    16  the accounts specified by the comptroller, a reasonable amount necessary
    17  to  effectuate  refunds of appropriations of the department to reimburse
    18  the department for the costs to administer, collect and  distribute  the
    19  taxes imposed by this article.
    20    (b)  On  or  before  the  twelfth day following the end of each month,
    21  after reserving such amount for such refunds and such costs, the commis-
    22  sioner shall certify to the comptroller the amount of  all  revenues  so
    23  received  pursuant to this article during the prior month as a result of
    24  the taxes, interest and penalties so imposed.
    25    (c) [The] By the fifteenth day of the  last  month  of  each  calendar
    26  quarter  the  comptroller shall pay over the amount of revenues from the
    27  prior three months in total so certified by  the  commissioner  [to  the
    28  metropolitan transportation authority aid trust account of the metropol-
    29  itan  transportation  authority financial assistance fund established by
    30  section ninety-two-ff of the state finance law for deposit, subject to],
    31  without appropriation, [in] into the corporate transportation account of
    32  the metropolitan transportation authority special assistance fund estab-
    33  lished by section twelve hundred seventy-a of the public authorities law
    34  to be applied as provided in paragraph (e) of subdivision four  of  such
    35  section  twelve  hundred seventy-a. Any money collected pursuant to this
    36  article that is deposited by the comptroller in the [metropolitan trans-
    37  portation authority aid trust account] corporate transportation  account
    38  of the metropolitan transportation authority [financial] special assist-
    39  ance  fund shall be held in such fund free and clear of any claim by any
    40  person or entity paying the tax pursuant  to  this  article,  including,
    41  without  limiting  the  generality  of the foregoing, any right or claim
    42  against the metropolitan transportation authority, any of its  bondhold-
    43  ers,  or  any subsidiary or affiliate of the metropolitan transportation
    44  authority.
    45    § 4. Section 1167 of the tax law, as amended by section 3 of part F of
    46  chapter 25 of the laws of 2009, is amended to read as follows:
    47    § 1167. Deposit and disposition of revenue. 1. All taxes, interest and
    48  penalties collected or received by the commissioner under  this  article
    49  shall be deposited and disposed of pursuant to the provisions of section
    50  one  hundred  seventy-one-a of this chapter, except that after reserving
    51  amounts in accordance with such section  one  hundred  seventy-one-a  of
    52  this  chapter,  the  remainder  shall  be paid by the comptroller to the
    53  credit of the highway and  bridge  trust  fund  established  by  section
    54  eighty-nine-b of the state finance law, provided, however, taxes, inter-
    55  est  and  penalties  collected  or  received  pursuant to section eleven
    56  hundred sixty-six-a of this article shall be [paid to the credit of  the

        S. 1508--C                         34                         A. 2008--C

     1  metropolitan transportation authority aid trust account of the metropol-
     2  itan  transportation  authority financial assistance fund established by
     3  section ninety-two-ff of the state finance law] deposited  and  disposed
     4  of pursuant to subdivision two of this section.
     5    2.  All  taxes,  interest,  and penalties collected or received by the
     6  commissioner pursuant to section  eleven  hundred  sixty-six-a  of  this
     7  article  shall  be  deposited daily with such responsible banks, banking
     8  houses or trust companies, as may be designated by the  comptroller,  in
     9  trust  for  the  credit of the metropolitan transportation authority. An
    10  account may be established in one or more  of  such  depositories.  Such
    11  deposits  will  be  kept  separate and apart from all other money in the
    12  possession of  the  comptroller.  Of  the  total  revenue  collected  or
    13  received under this article, the comptroller shall retain such amount as
    14  the  commissioner  may  determine to be necessary for refunds under this
    15  article. On or before the twelfth day of  each  month,  after  reserving
    16  such  amount for such refunds and deducting such amounts for such costs,
    17  the commissioner shall certify to the  comptroller  the  amount  of  all
    18  revenues  received  pursuant to this article during the prior month as a
    19  result of the tax imposed, including any interest and penalties thereon.
    20  The amount of revenues so certified over the prior three months in total
    21  shall be paid over by the fifteenth day of the last month of each calen-
    22  dar quarter from such account, without appropriation, into the corporate
    23  transportation account  of  the  metropolitan  transportation  authority
    24  special  assistance fund established by section twelve hundred seventy-a
    25  of the public authorities law, to be applied as  provided  in  paragraph
    26  (e) of subdivision four of such section.
    27    §  5.    Subdivision  3  and paragraph (a) of subdivision 6 of section
    28  92-ff of the state finance law, subdivision 3 as amended by  section  14
    29  of part UU of chapter 59 of the laws of 2018 and paragraph (a) of subdi-
    30  vision  6  as  added by section 1 of part G of chapter 25 of the laws of
    31  2009, are amended to read as follows:
    32    3. Such fund shall consist of all moneys collected therefor or credit-
    33  ed or transferred thereto from  any  other  fund,  account  or  source[,
    34  including,  without  limitation,  the  revenues derived from the special
    35  supplemental tax on passenger car  rentals  imposed  by  section  eleven
    36  hundred  sixty-six-a of the tax law; revenues derived from the transpor-
    37  tation surcharge imposed by article twenty-nine-A of the  tax  law;  the
    38  supplemental  registration  fees  imposed  by article seventeen-C of the
    39  vehicle and traffic law;  and  the  supplemental  metropolitan  commuter
    40  transportation  district  license  fees  imposed by section five hundred
    41  three of the vehicle and traffic law].  Any  interest  received  by  the
    42  comptroller  on  moneys  on  deposit  in the metropolitan transportation
    43  authority financial assistance fund shall be retained in  and  become  a
    44  part of such fund.
    45    (a)  The  "metropolitan  transportation  authority  aid trust account"
    46  shall consist of [revenues required to be deposited therein pursuant  to
    47  the  provisions  of  section  eleven hundred sixty-six-a of the tax law;
    48  article twenty-nine-A of the tax law; article seventeen-C of the vehicle
    49  and traffic law; and section five hundred three of the vehicle and traf-
    50  fic law, and all other] moneys credited or transferred thereto from  any
    51  other [fund or] source pursuant to law.
    52    §  6.  Section  4  of the state finance law is amended by adding a new
    53  subdivision 13 to read as follows:
    54    13. Notwithstanding subdivision one of this section and any other  law
    55  to the contrary, the revenue (including fees, taxes, interest and penal-
    56  ties)  from  the  metropolitan  commuter transportation district supple-

        S. 1508--C                         35                         A. 2008--C
 
     1  mental fees and taxes imposed pursuant to paragraph (b-1) of subdivision
     2  two of section five hundred three of the vehicle and traffic law,  para-
     3  graph  (c-3)  of  subdivision  two  of section five hundred three of the
     4  vehicle  and traffic law, article seventeen-C of the vehicle and traffic
     5  law, article twenty-nine-A of the tax law  and  section  eleven  hundred
     6  sixty-six-a  of  the  tax law which are paid in accordance with subpara-
     7  graph (ii) of paragraph (b-1) of subdivision two of section five hundred
     8  three of the vehicle and traffic law,  subparagraph  (ii)  of  paragraph
     9  (c-3)  of  subdivision  two of section five hundred three of the vehicle
    10  and traffic law, section twelve hundred eighty-eight of the tax law  and
    11  section  eleven  hundred  sixty-seven  of the tax law into the corporate
    12  transportation account  of  the  metropolitan  transportation  authority
    13  special  assistance fund established by section twelve hundred seventy-a
    14  of the public authorities law shall be  made  pursuant  to  statute  but
    15  without an appropriation.
    16    §  7.    Subdivision  1  and paragraph (e) of subdivision 4 of section
    17  1270-a of the public  authorities  law,  subdivision  1  as  amended  by
    18  section  14 and paragraph (e) of subdivision 4 as added by section 15 of
    19  part H of chapter 25 of the  laws  of  2009,  are  amended  to  read  as
    20  follows:
    21    1.  The authority shall create and establish a fund to be known as the
    22  "metropolitan transportation authority special  assistance  fund"  which
    23  shall  be  kept separate from and shall not be commingled with any other
    24  moneys of the authority. The special assistance fund  shall  consist  of
    25  three  separate  accounts: (i) the "transit account", (ii) the "commuter
    26  railroad account" and (iii) the "corporate transportation account".
    27    The authority shall make deposits  in  the  transit  account  and  the
    28  commuter  railroad  account of the moneys received by it pursuant to the
    29  provisions of subdivision one of section two hundred  sixty-one  of  the
    30  tax law in accordance with the provisions thereof, and shall make depos-
    31  its in the corporate transportation account of the moneys received by it
    32  pursuant  to  the  provisions  of subdivision two of section two hundred
    33  sixty-one of the tax law and section ninety-two-ff of the state  finance
    34  law.  The  comptroller  shall  deposit,  without appropriation, into the
    35  corporate transportation account the revenue fees, taxes,  interest  and
    36  penalties  collected  in  accordance with paragraph (b-1) of subdivision
    37  two of section five hundred three of the vehicle and traffic law,  para-
    38  graph  (c-3)  of  subdivision  two  of section five hundred three of the
    39  vehicle and traffic law, article seventeen-C of the vehicle and  traffic
    40  law,  article  twenty-nine-A  of  the tax law and section eleven hundred
    41  sixty-six-a of the tax law.
    42    (e) Notwithstanding the foregoing provisions of this subdivision,  any
    43  moneys  in the corporate transportation account that are received by the
    44  authority: (i) without appropriation pursuant to subdivision one of this
    45  section, or (ii) pursuant to the provisions of section ninety-two-ff  of
    46  the state finance law may be pledged by the authority, or pledged to the
    47  Triborough  bridge and tunnel authority, to secure bonds, notes or other
    48  obligations of the authority or the Triborough bridge and tunnel author-
    49  ity, as the case may be, and, if so pledged to the Triborough bridge and
    50  tunnel authority, shall be paid to  the  Triborough  bridge  and  tunnel
    51  authority  in  such  amounts and at such times as necessary to pay or to
    52  reimburse that authority for its payment of  debt  service  and  reserve
    53  requirements,  if  any, on that portion of special Triborough bridge and
    54  tunnel authority bonds and notes issued by that  authority  pursuant  to
    55  section  five  hundred  fifty-three-d  of  this  chapter. Subject to the
    56  provisions of any such pledge, or in the event there is no such  pledge,

        S. 1508--C                         36                         A. 2008--C
 
     1  any  moneys  in  the  corporate  transportation  account received by the
     2  authority: (i) without appropriation pursuant to subdivision one of this
     3  section, or (ii) pursuant to the provisions of section ninety-two-ff  of
     4  the  state finance law may be used by the authority for payment of oper-
     5  ating costs of, and capital costs, including debt  service  and  reserve
     6  requirements, if any, of or for the authority, the New York city transit
     7  authority  and  their  subsidiaries as the authority shall determine. No
     8  moneys in the corporate transportation account that are reserved by  the
     9  authority: (i) without appropriation pursuant to subdivision one of this
    10  section;  or (ii) pursuant to the provisions of section ninety-two-ff of
    11  the state finance law may be used for making any payment to  the  Dutch-
    12  ess,  Orange  and Rockland fund created by section twelve hundred seven-
    13  ty-b of this title or considered in calculating the amounts required  to
    14  be paid into such fund.
    15    § 8. This act shall take effect immediately.
 
    16                                   PART GG
 
    17                            Intentionally Omitted
 
    18                                   PART HH
 
    19    Section  1. Section 45 of chapter 929 of the laws of 1986 amending the
    20  tax law and other  laws  relating  to  the  metropolitan  transportation
    21  authority,  as  amended by chapter 63 of the laws of 2017, is amended to
    22  read as follows:
    23    § 45. This act shall take effect immediately; except that:  (a)  para-
    24  graph  (d)  of  subdivision  3 of section 1263 of the public authorities
    25  law, as added by section twenty-six of this act, shall be deemed to have
    26  been in full force and effect on and after August 5, 1986; (b)  sections
    27  thirty-three  and thirty-four of this act shall not apply to a certified
    28  or recognized public employee organization which represents  any  public
    29  employees  described  in  subdivision  16  of section 1204 of the public
    30  authorities law and such sections shall expire on July  1,  [2019]  2021
    31  and nothing contained within these sections shall be construed to divest
    32  the  public  employment relations board or any court of competent juris-
    33  diction of the full power or authority to enforce any order made by  the
    34  board  or  such  court  prior to the effective date of this act; (c) the
    35  provisions of section thirty-five of this act shall expire on March  31,
    36  1987;  and  (d)  provided,  however,  the  commissioner  of taxation and
    37  finance shall have the power to enforce the provisions of  sections  two
    38  through nine of this act beyond December 31, 1990 to enable such commis-
    39  sioner to collect any liabilities incurred prior to January 1, 1991.
    40    § 2. This act shall take effect immediately.
 
    41                                   PART II
 
    42                            Intentionally Omitted
 
    43                                   PART JJ
 
    44                            Intentionally Omitted
 
    45                                   PART KK

        S. 1508--C                         37                         A. 2008--C
 
     1    Section  1.  Section  1005 of the public authorities law is amended by
     2  adding a new subdivision 9-a to read as follows:
     3    9-a.  As  deemed  feasible  and  advisable by the trustees, to design,
     4  finance, develop, construct, install, lease, operate and maintain  elec-
     5  tric  vehicle  charging  stations  throughout  the  state for use by the
     6  public. The authority shall annually post on their website a  report  on
     7  those  activities undertaken pursuant to this subdivision, including but
     8  not limited to: the total number of electric vehicle  charging  stations
     9  in  operation  pursuant  to  such  authorization,  the locations of such
    10  charging stations, and the total costs to the authority associated  with
    11  such activities.
    12    §  2.  Nothing in this act is intended to limit, impair, or affect the
    13  legal authority of the Power Authority of the State of  New  York  under
    14  any  other  provision  of title 1 of article 5 of the public authorities
    15  law.
    16    § 3. This act shall take effect immediately.
 
    17                                   PART LL
 
    18    Section 1. Section 1005 of the public authorities law  is  amended  by
    19  adding a new subdivision 26 to read as follows:
    20    26.  (a)  As  deemed  feasible and advisable by the trustees, to plan,
    21  finance, construct, acquire, operate, improve and maintain, either alone
    22  or jointly with one or more other entities, transmission facilities  for
    23  the purpose of transmitting power and energy generated by renewable wind
    24  energy generation projects that are located in state territorial waters,
    25  and/or  in  waters  under  the  jurisdiction or regulation of the United
    26  States, which supplies electric power and energy to  the  state  of  New
    27  York  that  the authority deems necessary and desirable in order to: (i)
    28  provide, support and maintain an adequate and reliable supply  of  elec-
    29  tric  power  and energy in the state of New York, and/or (ii) assist the
    30  state in meeting state energy-related goals and standards.
    31    (b) The source of any financing and/or loans provided by the authority
    32  for any of the actions authorized in paragraph (a) of  this  subdivision
    33  may  be  the  proceeds  of notes issued pursuant to section one thousand
    34  nine-a of this title, the proceeds of bonds issued pursuant  to  section
    35  one thousand ten of this title, or any other available authority funds.
    36    (c)  The  authority  shall  complete and submit a report, on or before
    37  January thirty-first, two thousand twenty, and annually  thereafter,  on
    38  those  activities  undertaken pursuant to this subdivision to the gover-
    39  nor, the speaker of the assembly, the temporary president of the senate,
    40  the minority leader of the senate, the minority leader of the  assembly,
    41  the  chair  of  the  senate finance committee, the chair of the assembly
    42  ways and means committee, the chair of the  assembly  energy  committee,
    43  and  the  chair  of  the senate energy and telecommunications committee.
    44  Such report shall be posted on the authority's  website  and  accessible
    45  for public review.
    46    § 2. Section 1005 of the public authorities law is amended by adding a
    47  new subdivision 27 to read as follows:
    48    27.  (a)  Notwithstanding any other provision of this title, as deemed
    49  feasible and advisable by the trustees, the authority is  authorized  to
    50  undertake  the following actions when it deems it necessary or desirable
    51  to address the energy-related needs of any (i) authority customer,  (ii)
    52  public entity, or (iii) CCA community:
    53    (1)  (A)  supply  power  and  energy  procured from competitive market
    54  sources to any (i) authority customer, (ii) public entity, or (iii)  CCA

        S. 1508--C                         38                         A. 2008--C
 
     1  community through the supply of such products through an energy services
     2  company or other entity that is authorized by the public service commis-
     3  sion  to  procure  and  sell  energy  products  to participants of a CCA
     4  program,  provided,  however, that the authority shall not supply at any
     5  point more than a total of four hundred megawatts of power and energy to
     6  authority customers and public entities pursuant  to  the  authority  of
     7  this clause;
     8    (B)  supply  renewable power, energy, or related credits or attributes
     9  procured through a competitive process, from competitive market sources,
    10  or through negotiation when a competitive procurement is not  reasonably
    11  feasible  and  such  products  can be procured on reasonably competitive
    12  terms to (i) any authority customer, (ii) any public  entity,  or  (iii)
    13  any  CCA community through the supply of such products through an energy
    14  services company or other  entity  that  is  authorized  by  the  public
    15  service  commission  to procure and sell energy products to participants
    16  of a CCA program; and
    17    (2) (A) alone or jointly with one or more other entities, finance  the
    18  development  of renewable energy generating projects that are located in
    19  the state, including its territorial waters, and/or on  property  or  in
    20  waters  under  the  jurisdiction  or  regulatory authority of the United
    21  States, (B) purchase power, energy  or  related  credits  or  attributes
    22  produced  from  such renewable energy generating projects, and (C) allo-
    23  cate and sell any such products to (i) any authority customer, (ii)  any
    24  public  entity,  and  (iii) any CCA community through an energy services
    25  company or other entity that is authorized by the public service commis-
    26  sion to procure and sell  energy  products  to  participants  of  a  CCA
    27  program, provided that the authority shall not, pursuant to the authori-
    28  ty  in  this subparagraph, finance more than six renewable energy gener-
    29  ation projects and have a per-project electric  generating  capacity  in
    30  excess of twenty-five megawatts.
    31    (b)  Nothing in this subdivision authorizes the authority to act as an
    32  energy supply company or administrator for CCA programs.
    33    (c) Power and energy sold pursuant to the authority provided in  para-
    34  graph  (a)  of this subdivision shall only be sold for use at facilities
    35  located in the state.
    36    (d) Any public entity  is  hereby  authorized  to  contract  with  the
    37  authority  for  the  purchase  of  power,  energy, or related credits or
    38  attributes which the authority is authorized to supply  under  paragraph
    39  (a) of this subdivision.
    40    (e) The source of any financing and/or loans provided by the authority
    41  for  any  of the actions authorized in paragraph (a) of this subdivision
    42  may be the proceeds of notes issued pursuant  to  section  one  thousand
    43  nine-a  of  this title, the proceeds of bonds issued pursuant to section
    44  one thousand ten of this title, or any other available authority funds.
    45    (f) The authority shall complete and submit a  report,  on  or  before
    46  January  thirty-first,  two  thousand twenty, and annually thereafter on
    47  those actions undertaken pursuant to this subdivision to  the  governor,
    48  the  speaker of the assembly, the temporary president of the senate, the
    49  chair of the assembly ways and means committee, the chair of the  senate
    50  finance  committee,  the  chair of the assembly energy committee and the
    51  chair of  the  senate  energy  and  telecommunications  committee.  Such
    52  report,  at  a  minimum,  shall  include: (i) an accounting of the total
    53  amount of power, energy, and related  credits  and  attributes  procured
    54  from  competitive  market  sources  and supplied to authority customers,
    55  public entities, and CCA communities; (ii) an accounting  of  the  total
    56  amount  of  renewable  power, energy, and related credits and attributes

        S. 1508--C                         39                         A. 2008--C
 
     1  procured through negotiation and supplied to authority customers, public
     2  entities, and CCA communities; (iii)  a  description  of  all  renewable
     3  energy  generating  projects  financed  by  the authority, including the
     4  aggregate  amount of financing; (iv) an accounting of all power, energy,
     5  and related credits and attributes purchased by the authority from  such
     6  projects;  and  (v)  an identification of all public entities, authority
     7  customers, and CCA communities to which the  authority  supplied,  allo-
     8  cated or sold any power, energy or related credits or attributes.
     9    (g)  For  purposes of this subdivision, the following terms shall have
    10  the meanings indicated in this paragraph unless  the  context  indicates
    11  another meaning or intent:
    12    (i) "Authority customer" means an entity located in the state to which
    13  the  authority  sells or is under contract to sell power or energy under
    14  the authority in this title or any other law.
    15    (ii) "CCA community" means one or more municipal corporations  located
    16  within  the  state that have provided for the purchase of power, energy,
    17  or related credits or other attributes under a CCA program.
    18    (iii) "CCA program"  means  a  community  choice  aggregation  program
    19  approved by the public service commission.
    20    (iv) "Public entity" has the meaning ascribed to that term by subpara-
    21  graph five of paragraph (b) of subdivision seventeen of this section.
    22    (v) "Renewable energy resources" means solar power, wind power, hydro-
    23  electric,  and any other generation resource authorized by any renewable
    24  energy standard adopted by the state for the purpose of implementing any
    25  state clean energy standard.
    26    (vi) "Renewable energy generating project" means a project that gener-
    27  ates power and energy by means of renewable energy  resources,  or  that
    28  stores  and  supplies  power  and energy generated by means of renewable
    29  energy resources, and includes  the  construction,  installation  and/or
    30  operation  of  ancillary facilities or equipment done in connection with
    31  any such renewable energy generating projects, provided,  however,  that
    32  such term shall not include the authority's Saint Lawrence hydroelectric
    33  project or Niagara hydroelectric project.
    34    (vii) "State" means the state of New York.
    35    §  3.  Nothing in this act is intended to limit, impair, or affect the
    36  legal authority of the Power Authority of the State of  New  York  under
    37  any other provision of law.
    38    §  4.  This act shall take effect immediately; provided, however, that
    39  the provisions of sections two and three of this  act  shall  expire  on
    40  June  30, 2024 when upon such date the provisions of such sections shall
    41  be deemed repealed, provided that such repeal shall not affect or impair
    42  any act done, any right, permit or authorization accrued or acquired, or
    43  any liability incurred, prior to the time such repeal takes effect,  and
    44  provided  further  that  any project or contract that was awarded by the
    45  power authority of the state of New York prior to such repeal  shall  be
    46  permitted to continue under this act notwithstanding such repeal.
 
    47                                   PART MM
 
    48    Section  1.  The  state finance law is amended by adding a new section
    49  99-ff to read as follows:
    50    § 99-ff. Parks retail stores fund. 1. Notwithstanding sections  eight,
    51  eight-a  and  seventy  of  this  chapter and any other provision of law,
    52  rule, regulation or practice to the contrary,  there  is  hereby  estab-
    53  lished in the joint custody of the state comptroller and the commission-
    54  er of tax and finance a parks retail stores fund, which shall be classi-

        S. 1508--C                         40                         A. 2008--C
 
     1  fied  by  the  state  comptroller as an enterprise fund, and which shall
     2  consist of all moneys received from  private  entities  and  individuals
     3  from  retail  operations  at  state  parks,  recreational facilities and
     4  historic  sites operated by the office of parks, recreation and historic
     5  preservation.
     6    2. Moneys within the parks retail stores fund shall be made  available
     7  to  the  commissioner of parks, recreation and historic preservation for
     8  services and expenses relating to the operation of retail stores and  in
     9  support of the sale of retail goods at state parks, recreational facili-
    10  ties and historic sites.
    11    § 2. The state finance law is amended by adding a new section 99-gg to
    12  read as follows:
    13    §  99-gg.  Golf fund.   1. Notwithstanding sections eight, eight-a and
    14  seventy of this chapter and any other provision of law, rule, regulation
    15  or practice to the contrary, there is hereby established  in  the  joint
    16  custody of the state comptroller and the commissioner of tax and finance
    17  a  golf  fund,  which shall be classified by the state comptroller as an
    18  enterprise fund, and which shall consist of all  moneys  collected  from
    19  private  entities and individuals for the use of state-owned golf cours-
    20  es, any other miscellaneous fees associated with the use  of  such  golf
    21  courses,  and  sale  of  retail  goods  and services at state owned golf
    22  courses.
    23    2. Moneys within the golf fund shall be made available to the  commis-
    24  sioner  of  parks, recreation and historic preservation for services and
    25  expenses of the office of parks, recreation  and  historic  preservation
    26  relating  to  the  direct  maintenance and operation of state owned golf
    27  courses, and in support of the sale of  retail  goods  and  services  at
    28  state owned golf courses.
    29    §  3.  This  act  shall take effect immediately and shall be deemed to
    30  have been in full force and effect on and after April 1, 2019.

    31                                   PART NN
 
    32    Section 1. Subdivision 7 of section 2611  of  the  public  authorities
    33  law,  as  amended  by  section  3 of part C of chapter 60 of the laws of
    34  2012, is amended to read as follows:
    35    7. To enter into contracts, leases and subleases and  to  execute  all
    36  instruments  necessary  or convenient for the conduct of authority busi-
    37  ness, including agreements with the park district and any  state  agency
    38  which  administers, owns or supervises any olympic facility or Belleayre
    39  Mountain ski center, as provided in sections twenty-six  hundred  twelve
    40  and  twenty-six  hundred fourteen of this title, and including contracts
    41  or other agreements to plan, prepare for and host the two thousand twen-
    42  ty-three World University Games to be held  in  Lake  Placid,  New  York
    43  where  such  contracts  or  agreements  would  obligate the authority to
    44  defend, indemnify and/or insure third parties in connection with,  aris-
    45  ing  out  of, or relating to such games, such authority to be limited by
    46  the amount of any lawful  appropriation  or  other  funding  such  as  a
    47  performance  bond  surety,  or  other  collateral  instrument  for  that
    48  purpose.  With respect to the two thousand twenty-three World University
    49  Games, the amount of such appropriation shall be no  more  than  sixteen
    50  million dollars;
    51    § 2. This act shall take effect immediately.
 
    52                                   PART OO

        S. 1508--C                         41                         A. 2008--C
 
     1                            Intentionally Omitted

     2                                   PART PP
 
     3                            Intentionally Omitted
 
     4                                   PART QQ
 
     5                            Intentionally Omitted
 
     6                                   PART RR
 
     7                            Intentionally Omitted
 
     8                                   PART SS
 
     9    Section 1. Approximately 40 percent of the food produced in the United
    10  States  today goes uneaten. Much of this organic waste is disposed of in
    11  solid waste landfills, where its  decomposition  accounts  for  over  15
    12  percent  of  our nation's emissions of methane, a potent greenhouse gas.
    13  Meanwhile, an estimated 2.8 million New Yorkers are  facing  hunger  and
    14  food insecurity.  Recognizing the importance of food scraps to our envi-
    15  ronment,  economy, and the health of New Yorkers, this act establishes a
    16  food scraps hierarchy for the state of New York. The first tier  of  the
    17  hierarchy  is  source  reduction,  reducing  the  volume of surplus food
    18  generated. The second tier is recovery, feeding wholesome food to hungry
    19  people. Third is repurposing,  feeding  animals.  Fourth  is  recycling,
    20  processing  any  leftover  food  such  as  by  composting  or  anaerobic
    21  digestion to create a nutrient-rich soil amendment.  This legislation is
    22  designed to address each tier of the  hierarchy  by:    encouraging  the
    23  prevention  of  food waste generation by commercial generators and resi-
    24  dents; directing the recovery of excess  edible  food  from  high-volume
    25  commercial  food  waste  generators;  and  ensuring  that  a significant
    26  portion of inedible food waste from large volume food  waste  generators
    27  is  managed  in  a sustainable manner, and does not end up being sent to
    28  landfills or incinerators.   In addition, the state  has  supported  the
    29  recovery  of  wholesome  food by providing grants from the environmental
    30  protection fund to increase capacity of food banks, conduct food  scraps
    31  audits  of high-volume generators of food scraps, support implementation
    32  of pollution prevention projects identified by such audits,  and  expand
    33  capacity of generators and municipalities to donate and recycle food.
    34    §  2.  Article  27 of the environmental conservation law is amended by
    35  adding a new title 22 to read as follows:
    36                                  TITLE 22
    37                   FOOD DONATION AND FOOD SCRAPS RECYCLING
    38  Section 27-2201. Definitions.
    39          27-2203. Designated food scraps generator responsibilities.
    40          27-2205. Waste transporter responsibilities.
    41          27-2207. Transfer facility.
    42          27-2209. Food scraps disposal prohibition.
    43          27-2211. Department responsibilities.
    44          27-2213. Regulations.
    45          27-2215. Exclusions.
    46          27-2217. Annual Report.
    47          27-2219. Severability.
    48  § 27-2201. Definitions.

        S. 1508--C                         42                         A. 2008--C
 
     1    1. "Designated food scraps generator" means a person who generates  at
     2  a single location an annual average of two tons per week or more of food
     3  scraps  based on a methodology established by the department pursuant to
     4  regulations, including, supermarkets,  large  food  service  businesses,
     5  higher  educational  institutions, hotels, food processors, correctional
     6  facilities, and sports or entertainment  venues.  For  a  location  with
     7  multiple  independent food service businesses, such as a mall or college
     8  campus, the entity responsible for contracting for solid  waste  hauling
     9  services  is  responsible  for managing food scraps from the independent
    10  businesses.
    11    2. "Food scraps" means inedible food, trimmings from  the  preparation
    12  of  food,  food-soiled  paper, and edible food that is not donated. Food
    13  scraps shall not include used cooking oil, yellow grease  or  food  from
    14  residential  sources,  or any food identified in regulations promulgated
    15  by the department in consultation with the department of agriculture and
    16  markets or any food which is subject to a recall or seizure due  to  the
    17  presence of pathogens, including but not limited to:  Listeria Monocyto-
    18  genes,  confirmed  Clostridium Botulinum, E. coli 0157:H7 and all salmo-
    19  nella in ready-to-eat foods.
    20    3. "Organics recycler" means a facility, permitted by the  department,
    21  that  recycles food scraps through use as animal feed or a feed ingredi-
    22  ent, rendering, land application, composting, aerobic digestion, anaero-
    23  bic digestion, fermentation, or ethanol production. Animal scraps,  food
    24  soiled  paper,  and  post-consumer food scraps are prohibited for use as
    25  animal feed or as a feed  ingredient.  The  proportion  of  the  product
    26  created  from food scraps by a composting or digestion facility, includ-
    27  ing a wastewater treatment plant that operates a digestion facility,  or
    28  other  treatment  system,  must be used in a beneficial manner as a soil
    29  amendment and shall not be disposed of or incinerated.
    30    4. "Person" means any business entity,  partnership,  company,  corpo-
    31  ration,  not-for-profit  corporation,  association, governmental entity,
    32  public benefit corporation, public authority, firm, or organization.
    33    5. "Single location" means contiguous property under common ownership,
    34  which may include one or more buildings.
    35    6. "Incinerator" shall have the same meaning as  provided  in  section
    36  72-0401 of this chapter.
    37    7.  "Landfill"  shall  have  the  same  meaning as provided in section
    38  72-0401 of this chapter.
    39    8. "Transfer facility" means a solid waste management facility, wheth-
    40  er owned or operated by a private or public entity, other than a recycl-
    41  ables  handling  and  recovery  facility,  used  oil  facility,   or   a
    42  construction  and  demolition  debris  processing  facility, where solid
    43  waste is received for the purpose  of  subsequent  transfer  to  another
    44  solid  waste  management  facility  for  processing, treating, disposal,
    45  recovery, or further transfer.
    46  § 27-2203. Designated food scraps generator responsibilities.
    47    1. Effective January first, two thousand twenty-two:
    48    (a) all designated food scraps generators shall separate their  excess
    49  edible  food  for  donation  for human consumption to the maximum extent
    50  practicable, and in accordance with applicable  laws,  rules  and  regu-
    51  lations related to food donation; and
    52    (b)  except  as  provided  in  paragraph (c) of this subdivision, each
    53  designated food scraps generator that is within twenty-five miles of  an
    54  organics  recycler,  to  the  extent  that  the recycler has capacity to
    55  accept all of such generator's food scraps  based  on  the  department's

        S. 1508--C                         43                         A. 2008--C
 
     1  yearly  estimate  of  an organic recyclers' capacity pursuant to section
     2  27-2211 of this title, shall:
     3    (i) separate its remaining food scraps from other solid waste;
     4    (ii)  ensure  proper  storage  for  food  scraps  on  site which shall
     5  preclude such materials from becoming  odorous  or  attracting  vectors,
     6  such as a container that has a lid and a latch that keeps the lid closed
     7  and  is  resistant  to  tampering  by  rodents or other wildlife and has
     8  sufficient capacity;
     9    (iii) have information available and provide  training  for  employees
    10  concerning the proper methods to separate and store food scraps; and
    11    (iv) obtain a transporter that will deliver food scraps to an organics
    12  recycler,  self-haul its food scraps to an organics recycler, or provide
    13  for organics recycling on-site via  in  vessel  composting,  aerobic  or
    14  anaerobic digestion or any other method of processing organic waste that
    15  the department approves by regulation, for some or all of the food waste
    16  it  generates  on its premises, provided that the remainder is delivered
    17  to an organics recycler.
    18    (c) The provisions of paragraph (b)  of  this  subdivision  shall  not
    19  apply  to  any designated food scraps generator that has all of its food
    20  scraps processed in a mixed solid waste composting or mixed solid  waste
    21  anaerobic digestion facility.
    22    2. All designated food scraps generators shall submit an annual report
    23  to  the  department on or before March first, two thousand twenty-three,
    24  and annually thereafter, in an electronic format. The annual report must
    25  summarize the amount of edible food donated, the amount of  food  scraps
    26  recycled, the organics recycler or recyclers and associated transporters
    27  used, and any other information as required by the department.
    28    3.  A designated food scraps generator may petition the department for
    29  a temporary waiver from some or all of the requirements of  this  title.
    30  The petition must include evidence of undue hardship based on:
    31    (a)  the  designated  food scraps generator does not meet the two tons
    32  per week threshold;
    33    (b) the cost of processing organic waste is not reasonably competitive
    34  with the cost of disposing of waste by landfill;
    35    (c) the organics recycler does not have sufficient  capacity,  despite
    36  the department's calculation; or
    37    (d) the unique circumstances of the generator.
    38    A waiver shall be no longer than one year in duration provided, howev-
    39  er, the department may renew such waiver.
    40  § 27-2205. Waste transporter responsibilities.
    41    1.  Any waste transporter that collects food scraps for recycling from
    42  a designated food scraps generator shall:
    43    (a) deliver food scraps to a transfer facility that will deliver  such
    44  food scraps to an organics recycler unless such generator has received a
    45  temporary  waiver  under  subdivision  three  of section 27-2203 of this
    46  title; or
    47    (b) deliver such food scraps directly to an organics recycler.
    48    2. Any waste transporter that collects food scraps from  a  designated
    49  food  scraps  generator  shall  take  all  reasonable precautions to not
    50  deliver those food scraps to an incinerator or a landfill nor  commingle
    51  the material with any other solid waste unless such commingled waste can
    52  be  processed  by  an  organics  recycler  or  unless such generator has
    53  received a temporary waiver under subdivision three of  section  27-2203
    54  of this title.
    55  § 27-2207. Transfer facility.

        S. 1508--C                         44                         A. 2008--C
 
     1    Any transfer facility that receives food scraps from a designated food
     2  scraps generator must ensure that the food scraps are taken to an organ-
     3  ics recycler unless such generator has received a temporary waiver under
     4  subdivision  three of section 27-2203 of this title. A transfer facility
     5  shall take all reasonable precautions to not commingle the material with
     6  any  other  solid waste unless such commingled waste can be processed by
     7  an organics recycler.
     8  § 27-2209. Food scraps disposal prohibition.
     9    Incinerators and landfills shall take all  reasonable  precautions  to
    10  not  accept  food scraps from designated food scraps generators required
    11  to send their food scraps to an  organics  recycler  as  outlined  under
    12  section  27-2203  of this title, after January first, two thousand twen-
    13  ty-two, unless the designated  food  scraps  generator  has  received  a
    14  temporary  waiver  under  subdivision  three  of section 27-2203 of this
    15  title.
    16  § 27-2211. Department responsibilities.
    17    1. The department shall publish on its website:  (a)  the  methodology
    18  the  department  will  use  to  determine who is a designated food scrap
    19  generator; (b) the waiver process; (c) procedures to minimize odors  and
    20  vectors; and (d) a list of all designated food scraps generators, organ-
    21  ics  recyclers,  and all waste transporters that manage source-separated
    22  organics.
    23    2. No later than June first,  two  thousand  twenty-one  and  annually
    24  thereafter,  the  department  shall  assess the capacity of each organic
    25  recycler and notify  designated  food  scraps  generators  if  they  are
    26  required  to  comply with the provisions of paragraph (b) of subdivision
    27  one of section 27-2203 of this title.
    28    3. The department shall develop and make available educational materi-
    29  als to assist designated food scraps  generators  with  compliance  with
    30  this  title.  The  department  shall also develop education materials on
    31  food waste minimization  and  encourage  municipalities  to  disseminate
    32  these  materials both on their municipal websites and in any such future
    33  mailings to their residents as they may distribute.
    34    4. The department shall regulate organics  recyclers  to  ensure  that
    35  their  activities  do  not  impair water quality or otherwise harm human
    36  health and the environment.
    37  § 27-2213. Regulations.
    38    The department shall, after one or more  public  hearings,  promulgate
    39  rules  and  regulations  necessary  to  implement the provisions of this
    40  title including: (a) the methodology the department will use  to  deter-
    41  mine  who is a designated food scraps generator; (b) the waiver process;
    42  (c) procedures to minimize odors and vectors; (d) a list of  all  desig-
    43  nated  food  scraps generators, organics recyclers, and all waste trans-
    44  porters that manage source-separated organics; and  (e)  how  designated
    45  food scraps generators shall comply with the provisions of paragraph (a)
    46  and  subparagraph  (i)  of  paragraph  (b) of subdivision one of section
    47  27-2203 of this title.
    48  § 27-2215. Exclusions.
    49    1. This title shall not apply to any designated food scraps generators
    50  located in a city with a population of one million or more which  has  a
    51  local law, ordinance or regulation in place which requires the diversion
    52  of edible food and food scraps from disposal.
    53    2.  This  title does not apply to hospitals, nursing homes, adult care
    54  facilities, and elementary and secondary schools.
    55  § 27-2217. Annual report.

        S. 1508--C                         45                         A. 2008--C
 
     1    No later than January first, two  thousand  twenty-three,  and  on  an
     2  annual basis thereafter, the department shall submit an annual report to
     3  the  governor  and  legislature  describing  the  operation  of the food
     4  donation and food scraps recycling program including  amount  of  edible
     5  food donated, amount of food scraps recycled, sample educational materi-
     6  als, and number of waivers provided.
     7  § 27-2219. Severability.
     8    The  provisions  of  this  title shall be severable and if any portion
     9  thereof or the applicability thereof to any person  or  circumstance  is
    10  held  invalid,  the  remainder of this title and the application thereof
    11  shall not be affected thereby.
    12    § 3. This act shall take effect immediately.
 
    13                                   PART TT
 
    14    Section 1. The opening paragraph of section 15 of chapter 123  of  the
    15  laws  of 2014, amending the vehicle and traffic law, the general munici-
    16  pal law, and the public officers law relating  to  owner  liability  for
    17  failure  of  an  operator to comply with traffic-control indications, is
    18  amended to read as follows:
    19    This act shall take effect on the thirtieth day after  it  shall  have
    20  become  a  law  and shall expire [5 years after such effective date when
    21  upon such date the provisions of this act shall] and be deemed  repealed
    22  December  1, 2024; and provided further that any rules necessary for the
    23  implementation of this act on its effective date shall be promulgated on
    24  or before such effective date, provided that:
    25    § 2. The opening paragraph of section 15 of chapter 101 of the laws of
    26  2014, amending the vehicle and traffic law, the general  municipal  law,
    27  and  the  public officers law relating to owner liability for failure of
    28  an operator to comply with traffic-control indications in  the  city  of
    29  Mt. Vernon, is amended to read as follows:
    30    This  act  shall  take effect on the thirtieth day after it shall have
    31  become a law and shall expire [5 years after such  effective  date  when
    32  upon  such date the provisions of this act shall] and be deemed repealed
    33  December 1, 2024; and provided further that any rules necessary for  the
    34  implementation of this act on its effective date shall be promulgated on
    35  or before such effective date, provided that:
    36    §  3. Section 10 of chapter 19 of the laws of 2009, amending the vehi-
    37  cle and traffic law and other laws relating to adjudications  and  owner
    38  liability  for  a  violation  of  traffic-control signal indications, as
    39  amended by chapter 133 of the laws  of  2014,  is  amended  to  read  as
    40  follows:
    41    §  10.  This act shall take effect on the thirtieth day after it shall
    42  have become a law and shall expire December 1,  [2019]  2024  when  upon
    43  such  date the provisions of this act shall be deemed repealed; provided
    44  that the amendments to paragraph a of subdivision 5-a of section 401  of
    45  the  vehicle  and  traffic  law made by section one of this act shall be
    46  subject to the expiration and reversion of such  paragraph  pursuant  to
    47  section  17  of  chapter  746 of the laws of 1988, as amended, when upon
    48  such date the provisions of section two of this act shall  take  effect;
    49  provided  that the amendments to the opening paragraph and paragraph (c)
    50  of subdivision 1 of section 1809 of the vehicle and traffic law made  by
    51  section  four  of this act shall be subject to the expiration and rever-
    52  sion of such subdivision pursuant to chapter 166 of the laws of 1991, as
    53  amended, when upon such date the provisions of section five of this  act
    54  shall take effect; provided, however, that the amendments to the opening

        S. 1508--C                         46                         A. 2008--C
 
     1  paragraph  of  subdivision  1 of section 1809 of the vehicle and traffic
     2  law made by section five of this act shall not affect the expiration  of
     3  such subdivision and shall expire therewith; provided, however, that the
     4  amendments  to subdivision 2 of section 371 of the general municipal law
     5  made by section seven of this act shall not  affect  the  expiration  of
     6  such  section  and  shall  be  deemed to expire therewith; and provided,
     7  further, that any such local laws as may be enacted pursuant to this act
     8  shall remain in full force and effect  only  until  December  1,  [2019]
     9  2024.
    10    §  4. The opening paragraph of section 15 of chapter 99 of the laws of
    11  2014, amending the vehicle and traffic law, the general  municipal  law,
    12  and  the  public officers law relating to owner liability for failure of
    13  an operator to comply with traffic-control indications in  the  city  of
    14  New Rochelle, is amended to read as follows:
    15    This  act  shall  take effect on the thirtieth day after it shall have
    16  become a law and shall expire [5 years after such  effective  date  when
    17  upon  such date the provisions of this act shall] and be deemed repealed
    18  December 1, 2024; and provided further that any rules necessary for  the
    19  implementation of this act on its effective date shall be promulgated on
    20  or before such effective date, provided that:
    21    § 5. Section 17 of chapter 746 of the laws of 1988, amending the vehi-
    22  cle  and traffic law, the general municipal law, and the public officers
    23  law relating to the  civil  liability  of  vehicle  owners  for  traffic
    24  control  signal  violations,  as  amended  by chapter 134 of the laws of
    25  2014, is amended to read as follows:
    26    § 17. This act shall take effect on the thirtieth day after  it  shall
    27  have become a law and shall remain in full force and effect until Decem-
    28  ber  1,  [2019]  2024  when upon such date the amendments and provisions
    29  made by this act shall be deemed repealed; provided, however,  any  such
    30  local  laws  as may be enacted pursuant to this act shall remain in full
    31  force and effect only until the expiration on December 1, [2019] 2024.
    32    § 6. Section 2 of local law number 46 of the city of New York for  the
    33  year  1989  amending  the  administrative  code  of the city of New York
    34  relating to civil liability of vehicle owners for traffic control signal
    35  violations, as amended by chapter 134 of the laws of 2014, is amended to
    36  read as follows:
    37    § 2. This local law shall take effect immediately and shall expire  on
    38  December 1, [2019] 2024.
    39    § 7. Section 9 of chapter 23 of the laws of 2009, amending the vehicle
    40  and  traffic  law  and  other  laws  relating to adjudications and owner
    41  liability for a violation  of  traffic-control  signal  indications,  as
    42  amended  by  chapter  127  of  the  laws  of 2014, is amended to read as
    43  follows:
    44    § 9. This act shall take effect on the thirtieth day  after  it  shall
    45  have  become  a  law  and shall expire December 1, [2019] 2024 when upon
    46  such date the provisions of this act shall be deemed repealed;  provided
    47  that  the amendments to paragraph a of subdivision 5-a of section 401 of
    48  the vehicle and traffic law made by section one of  this  act  shall  be
    49  subject  to  the  expiration and reversion of such paragraph pursuant to
    50  section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
    51  such  date  the provisions of section two of this act shall take effect;
    52  provided that the amendments to the opening paragraph and paragraph  (c)
    53  of  subdivision 1 of section 1809 of the vehicle and traffic law made by
    54  section four of this act shall be subject to the expiration  and  rever-
    55  sion of such subdivision pursuant to chapter 166 of the laws of 1991, as
    56  amended,  when upon such date the provisions of section five of this act

        S. 1508--C                         47                         A. 2008--C
 
     1  shall take effect; provided, however, that the amendments to the opening
     2  paragraph of subdivision 1 of section 1809 of the  vehicle  and  traffic
     3  law  made by section five of this act shall not affect the expiration of
     4  such subdivision and shall expire therewith; and provided, further, that
     5  any  such local laws as may be enacted pursuant to this act shall remain
     6  in full force and effect only until December 1, [2019] 2024.
     7    § 8. The opening paragraph of section 15 of chapter 222 of the laws of
     8  2015, amending the vehicle and traffic law, the general  municipal  law,
     9  and  the  public officers law relating to owner liability for failure of
    10  an operator to comply with traffic-control indications in  the  city  of
    11  White Plains, is amended to read as follows:
    12    This  act  shall  take effect on the thirtieth day after it shall have
    13  become a law and shall expire [5 years after such  effective  date  when
    14  upon  such date the provisions of this act shall] and be deemed repealed
    15  December 1, 2024; and provided further that any rules necessary for  the
    16  implementation of this act on its effective date shall be promulgated on
    17  or before such effective date, provided that:
    18    §  9. The opening paragraph and paragraph (k) of section 24 of chapter
    19  20 of the laws of 2009, amending the vehicle and traffic law, the gener-
    20  al municipal law, and the public officers law relating to owner  liabil-
    21  ity  for failure of operator to comply with traffic control indications,
    22  as amended by chapter 128 of the laws of 2014, are amended  to  read  as
    23  follows:
    24    This  act  shall  take effect on the thirtieth day after it shall have
    25  become a law and shall expire December 1, [2019]  2024  when  upon  such
    26  date the provisions of this act shall be deemed repealed; provided that:
    27    (k)  any  such local laws as may be enacted pursuant to this act shall
    28  remain in full force and effect only until December 1, [2019] 2024.
    29    § 10. Subdivision (m) of section 1111-a of  the  vehicle  and  traffic
    30  law,  as  amended by chapter 658 of the laws of 2006, is amended to read
    31  as follows:
    32    (m) [In any] Any city [which]  that  adopts  a  demonstration  program
    33  pursuant to subdivision (a) of this section[, such city] shall submit an
    34  annual  report  [on] detailing the results of the use of [a] such traff-
    35  ic-control signal photo violation-monitoring system to the governor, the
    36  temporary president of the senate and the speaker of the assembly on  or
    37  before  June  first,  two  thousand  seven  and on the same date in each
    38  succeeding year in which the demonstration  program  is  operable.  Such
    39  report shall include, but not be limited to:
    40    1.  a  description of the locations where traffic-control signal photo
    41  violation-monitoring systems were used;
    42    2. within each borough of such city, the aggregate  number,  type  and
    43  severity  of accidents reported at intersections where a traffic-control
    44  signal photo violation-monitoring system is used for  the  [year]  three
    45  years  preceding  the  installation  of  such  system, to the extent the
    46  information is maintained by the department of motor  vehicles  of  this
    47  state;
    48    3.  within  each  borough of such city, the aggregate number, type and
    49  severity of accidents reported at intersections where a  traffic-control
    50  signal photo violation-monitoring system is used for the reporting year,
    51  as well as for the preceding three years that the traffic-control signal
    52  photo  violation-monitoring  system  has been operational, to the extent
    53  the information is maintained by the department  of  motor  vehicles  of
    54  this state;
    55    4.  the  number  of  events  and number of violations recorded at each
    56  intersection where a traffic-control signal  photo  violation-monitoring

        S. 1508--C                         48                         A. 2008--C
 
     1  system  is  used  and  in  the  aggregate on a daily, weekly and monthly
     2  basis;
     3    5.  the  [total]  number of notices of liability issued for violations
     4  recorded by such [systems] system at each intersection where a  traffic-
     5  control signal photo violation-monitoring system is used;
     6    6.  the  number  of fines imposed and total amount of fines paid after
     7  first notice  of  liability  issued  for  violations  recorded  by  such
     8  systems;
     9    7.  the number and percentage of violations adjudicated and results of
    10  such  adjudications  including  breakdowns  of  dispositions  made   for
    11  violations recorded by such systems;
    12    8. the total amount of revenue realized by such city from such adjudi-
    13  cations  including a breakdown of revenue realized by such city for each
    14  year since deployment of its traffic-control signal photo violation-mon-
    15  itoring system since 2014;
    16    9. expenses incurred by such city in connection with the program; and
    17    10. quality of the adjudication process and its results.
    18    § 11. Subdivision (n) of section 1111-b of  the  vehicle  and  traffic
    19  law,  as  added by chapter 19 of the laws of 2009, is amended to read as
    20  follows:
    21    (n) [In any such] Any  county  [which]  that  adopts  a  demonstration
    22  program pursuant to subdivision (a) of this section[, such county] shall
    23  submit  an  annual  report  [on] detailing the results of the use of [a]
    24  such traffic-control signal photo  violation-monitoring  system  to  the
    25  governor,  the  temporary president of the senate and the speaker of the
    26  assembly on or before June first, two thousand ten and on the same  date
    27  in  each succeeding year in which the demonstration program is operable.
    28  Such report shall include, but not be limited to:
    29    1. a description of the locations where traffic-control  signal  photo
    30  violation-monitoring systems were used;
    31    2.  the  aggregate  number, type and severity of accidents reported at
    32  intersections where a traffic-control signal photo  violation-monitoring
    33  system  is used for the [year] three years preceding the installation of
    34  such system, to the extent the information is maintained by the  depart-
    35  ment of motor vehicles of this state;
    36    3.  the  aggregate  number, type and severity of accidents reported at
    37  intersections where a traffic-control signal photo  violation-monitoring
    38  system is used for the reporting year, as well as for each year that the
    39  traffic-control signal photo violation-monitoring system has been opera-
    40  tional, to the extent the information is maintained by the department of
    41  motor vehicles of this state;
    42    4.  the  number  of  events  and number of violations recorded at each
    43  intersection where a traffic-control signal  photo  violation-monitoring
    44  system  is  used  and  in  the  aggregate on a daily, weekly and monthly
    45  basis;
    46    5. the [total] number of notices of liability  issued  for  violations
    47  recorded  by such [systems] system at each intersection where a traffic-
    48  control signal photo violation-monitoring system is used;
    49    6. the number of fines imposed and total amount of  fines  paid  after
    50  first notice of liability;
    51    7.  the number and percentage of violations adjudicated and results of
    52  such  adjudications  including  breakdowns  of  disposition   made   for
    53  violations recorded by such systems;
    54    8. the total amount of revenue realized by such county from such adju-
    55  dications  including  a breakdown of revenue realized by such county for

        S. 1508--C                         49                         A. 2008--C
 
     1  each year since deployment of its traffic-control  signal  photo  viola-
     2  tion-monitoring system;
     3    9.  expenses  incurred  by such county in connection with the program;
     4  and
     5    10. quality of the adjudication process and its results.
     6    § 12. Subdivision (m) of section 1111-b of  the  vehicle  and  traffic
     7  law,  as  added by chapter 20 of the laws of 2009, is amended to read as
     8  follows:
     9    (m) [In any such] Any city [which] that adopts a demonstration program
    10  pursuant to subdivision (a) of this section[, such city] shall submit an
    11  annual report [on] detailing the results of the use of [a]  such  traff-
    12  ic-control signal photo violation-monitoring system to the governor, the
    13  temporary  president of the senate and the speaker of the assembly on or
    14  before June first, two thousand  ten  and  on  the  same  date  in  each
    15  succeeding  year  in  which  the demonstration program is operable. Such
    16  report shall include, but not be limited to:
    17    1. a description of the locations where traffic-control  signal  photo
    18  violation-monitoring systems were used;
    19    2.  the  aggregate  number, type and severity of accidents reported at
    20  intersections where a traffic-control signal photo  violation-monitoring
    21  system  is used for the [year] three years preceding the installation of
    22  such system, to the extent the information is maintained by the  depart-
    23  ment of motor vehicles of this state;
    24    3.  the  aggregate  number, type and severity of accidents reported at
    25  intersections where a traffic-control signal photo  violation-monitoring
    26  system is used for the reporting year, as well as for each year that the
    27  traffic-control signal photo violation-monitoring system has been opera-
    28  tional, to the extent the information is maintained by the department of
    29  motor vehicles of this state;
    30    4.  the  number  of  events  and number of violations recorded at each
    31  intersection where a traffic-control signal  photo  violation-monitoring
    32  system  is  used  and  in  the  aggregate on a daily, weekly and monthly
    33  basis;
    34    5. the [total] number of notices of liability  issued  for  violations
    35  recorded  by such [systems] system at each intersection where a traffic-
    36  control signal photo violation-monitoring system is used;
    37    6. the number of fines imposed and total amount of  fines  paid  after
    38  first  notice  of  liability  issued  for  violations  recorded  by such
    39  systems;
    40    7. the number and percentage of violations adjudicated and results  of
    41  such   adjudications  including  breakdowns  of  dispositions  made  for
    42  violations recorded by such systems;
    43    8. the total amount of revenue realized by such city from such adjudi-
    44  cations including a breakdown of revenue realized by such city for  each
    45  year since deployment of its traffic-control signal photo violation-mon-
    46  itoring system;
    47    9. expenses incurred by such city in connection with the program; and
    48    10. quality of the adjudication process and its results.
    49    §  13.  Subdivision  (n)  of section 1111-b of the vehicle and traffic
    50  law, as added by chapter 23 of the laws of 2009, is amended to  read  as
    51  follows:
    52    (n)  [In  any  such]  Any  county  [which] that adopts a demonstration
    53  program pursuant to subdivision (a) of this section[, such county] shall
    54  submit an annual report [on] detailing the results of  the  use  of  [a]
    55  such  traffic-control  signal  photo  violation-monitoring system to the
    56  governor, the temporary president of the senate and the speaker  of  the

        S. 1508--C                         50                         A. 2008--C
 
     1  assembly  on or before June first, two thousand ten and on the same date
     2  in each succeeding year in which the demonstration program is  operable.
     3  Such report shall include, but not be limited to:
     4    1.  a  description of the locations where traffic-control signal photo
     5  violation-monitoring systems were used;
     6    2. the aggregate number, type and severity of  accidents  reported  at
     7  intersections  where a traffic-control signal photo violation-monitoring
     8  system is used for the [year] three years preceding the installation  of
     9  such  system, to the extent the information is maintained by the depart-
    10  ment of motor vehicles of this state;
    11    3. the aggregate number, type and severity of  accidents  reported  at
    12  intersections  where a traffic-control signal photo violation-monitoring
    13  system is used for the reporting year, as well as for each year that the
    14  traffic-control signal photo violation-monitoring system has been opera-
    15  tional, to the extent the information is maintained by the department of
    16  motor vehicles of this state;
    17    4. the number of events and number  of  violations  recorded  at  each
    18  intersection  where  a traffic-control signal photo violation-monitoring
    19  system is used and in the aggregate  on  a  daily,  weekly  and  monthly
    20  basis;
    21    5.  the  [total]  number of notices of liability issued for violations
    22  recorded by such [systems] system at each intersection where a  traffic-
    23  control signal photo violation-monitoring system is used;
    24    6.  the  number  of fines imposed and total amount of fines paid after
    25  first notice of liability;
    26    7. the number and percentage of violations adjudicated and results  of
    27  such   adjudications   including  breakdowns  of  disposition  made  for
    28  violations recorded by such systems;
    29    8. the total amount of revenue realized by such county from such adju-
    30  dications including a breakdown of revenue realized by such  county  for
    31  each  year  since  deployment of its traffic-control signal photo viola-
    32  tion-monitoring system;
    33    9. expenses incurred by such county in connection  with  the  program;
    34  and
    35    10. quality of the adjudication process and its results.
    36    §  14.  Subdivision  (m)  of section 1111-d of the vehicle and traffic
    37  law, as added by chapter 99 of the laws of 2014, is amended to  read  as
    38  follows:
    39    (m) [In any such] Any city [which] that adopts a demonstration program
    40  pursuant to subdivision (a) of this section[, such city] shall submit an
    41  annual  report  [on] detailing the results of the use of [a] such traff-
    42  ic-control signal photo violation-monitoring system to the governor, the
    43  temporary president of the senate and the speaker of the assembly on  or
    44  before  June  first,  two  thousand fifteen and on the same date in each
    45  succeeding year in which the demonstration  program  is  operable.  Such
    46  report shall include, but not be limited to:
    47    1.  a  description of the locations where traffic-control signal photo
    48  violation-monitoring systems were used;
    49    2. the aggregate number, type and severity of  accidents  reported  at
    50  intersections  where a traffic-control signal photo violation-monitoring
    51  system is used for the [year] three years preceding the installation  of
    52  such  system, to the extent the information is maintained by the depart-
    53  ment of motor vehicles of this state;
    54    3. the aggregate number, type and severity of  accidents  reported  at
    55  intersections  where a traffic-control signal photo violation-monitoring
    56  system is used for the reporting year, as well as for each year that the

        S. 1508--C                         51                         A. 2008--C
 
     1  traffic-control signal photo violation-monitoring system has been opera-
     2  tional, to the extent the information is maintained by the department of
     3  motor vehicles of this state;
     4    4.  the  number  of  events  and number of violations recorded at each
     5  intersection where a traffic-control signal  photo  violation-monitoring
     6  system  is  used  and  in  the  aggregate on a daily, weekly and monthly
     7  basis;
     8    5. the [total] number of notices of liability  issued  for  violations
     9  recorded  by such [systems] system at each intersection where a traffic-
    10  control signal photo violation-monitoring system is used;
    11    6. the number of fines imposed and total amount of  fines  paid  after
    12  first  notice  of  liability  issued  for  violations  recorded  by such
    13  systems;
    14    7. the number and percentage of violations adjudicated and results  of
    15  such   adjudications  including  breakdowns  of  dispositions  made  for
    16  violations recorded by such systems;
    17    8. the total amount of revenue realized by such city from such adjudi-
    18  cations including a breakdown of revenue realized by such city for  each
    19  year since deployment of its traffic-control signal photo violation-mon-
    20  itoring system;
    21    9. expenses incurred by such city in connection with the program; and
    22    10. quality of the adjudication process and its results.
    23    §  15.  Subdivision  (m)  of section 1111-d of the vehicle and traffic
    24  law, as added by chapter 101 of the laws of 2014, is amended to read  as
    25  follows:
    26    (m) [In any such] Any city [which] that adopts a demonstration program
    27  pursuant to subdivision (a) of this section[, such city] shall submit an
    28  annual  report  [on] detailing the results of the use of [a] such traff-
    29  ic-control signal photo violation-monitoring system to the governor, the
    30  temporary president of the senate and the speaker of the assembly on  or
    31  before  June  first,  two  thousand fifteen and on the same date in each
    32  succeeding year in which the demonstration  program  is  operable.  Such
    33  report shall include, but not be limited to:
    34    1.  a  description of the locations where traffic-control signal photo
    35  violation-monitoring systems were used;
    36    2. the aggregate number, type and severity of  accidents  reported  at
    37  intersections  where a traffic-control signal photo violation-monitoring
    38  system is used for the [year] three years preceding the installation  of
    39  such  system, to the extent the information is maintained by the depart-
    40  ment of motor vehicles of this state;
    41    3. the aggregate number, type and severity of  accidents  reported  at
    42  intersections  where a traffic-control signal photo violation-monitoring
    43  system is used for the reporting year, as well as for each year that the
    44  traffic-control signal photo violation-monitoring system has been opera-
    45  tional, to the extent the information is maintained by the department of
    46  motor vehicles of this state;
    47    4. the number of events and number  of  violations  recorded  at  each
    48  intersection  where  a traffic-control signal photo violation-monitoring
    49  system is used and in the aggregate  on  a  daily,  weekly  and  monthly
    50  basis;
    51    5.  the  [total]  number of notices of liability issued for violations
    52  recorded by such [systems] system at each intersection where a  traffic-
    53  control signal photo violation-monitoring system is used;
    54    6.  the  number  of fines imposed and total amount of fines paid after
    55  first notice  of  liability  issued  for  violations  recorded  by  such
    56  systems;

        S. 1508--C                         52                         A. 2008--C
 
     1    7.  the number and percentage of violations adjudicated and results of
     2  such  adjudications  including  breakdowns  of  dispositions  made   for
     3  violations recorded by such systems;
     4    8. the total amount of revenue realized by such city from such adjudi-
     5  cations  including a breakdown of revenue realized by such city for each
     6  year since deployment of its traffic-control signal photo violation-mon-
     7  itoring system;
     8    9. expenses incurred by such city in connection with the program; and
     9    10. quality of the adjudication process and its results.
    10    § 16. Subdivision (m) of section 1111-d of  the  vehicle  and  traffic
    11  law,  as added by chapter 123 of the laws of 2014, is amended to read as
    12  follows:
    13    (m) [In any such] Any city [which] that adopts a demonstration program
    14  pursuant to subdivision (a) of this section[, such city] shall submit an
    15  annual report [on] detailing the results of the use of [a]  such  traff-
    16  ic-control signal photo violation-monitoring system to the governor, the
    17  temporary  president of the senate and the speaker of the assembly on or
    18  before June first, two thousand fifteen and on the  same  date  in  each
    19  succeeding  year  in  which  the demonstration program is operable. Such
    20  report shall include, but not be limited to:
    21    1. a description of the locations where traffic-control  signal  photo
    22  violation-monitoring systems were used;
    23    2.  the  aggregate  number, type and severity of accidents reported at
    24  intersections where a traffic-control signal photo  violation-monitoring
    25  system  is used for the [year] three years preceding the installation of
    26  such system, to the extent the information is maintained by the  depart-
    27  ment of motor vehicles of this state;
    28    3.  the  aggregate  number, type and severity of accidents reported at
    29  intersections where a traffic-control signal photo  violation-monitoring
    30  system is used for the reporting year, as well as for each year that the
    31  traffic-control signal photo violation-monitoring system has been opera-
    32  tional, to the extent the information is maintained by the department of
    33  motor vehicles of this state;
    34    4.  the  number  of  events  and number of violations recorded at each
    35  intersection where a traffic-control signal  photo  violation-monitoring
    36  system  is  used  and  in  the  aggregate on a daily, weekly and monthly
    37  basis;
    38    5. the [total] number of notices of liability  issued  for  violations
    39  recorded  by such [systems] system at each intersection where a traffic-
    40  control signal photo violation-monitoring system is used;
    41    6. the number of fines imposed and total amount of  fines  paid  after
    42  first  notice  of  liability  issued  for  violations  recorded  by such
    43  systems;
    44    7. the number and percentage of violations adjudicated and results  of
    45  such   adjudications  including  breakdowns  of  dispositions  made  for
    46  violations recorded by such systems;
    47    8. the total amount of revenue realized by such city from such adjudi-
    48  cations including a breakdown of revenue realized by such city for  each
    49  year since deployment of its traffic-control signal photo violation-mon-
    50  itoring system;
    51    9. expenses incurred by such city in connection with the program; and
    52    10. quality of the adjudication process and its results.
    53    §  17.  Subdivision  (m)  of section 1111-e of the vehicle and traffic
    54  law, as added by chapter 222 of the laws of 2015, is amended to read  as
    55  follows:

        S. 1508--C                         53                         A. 2008--C

     1    (m) [In any such] Any city [which] that adopts a demonstration program
     2  pursuant to subdivision (a) of this section[, such city] shall submit an
     3  annual  report  [on] detailing the results of the use of [a] such traff-
     4  ic-control signal photo violation-monitoring system to the governor, the
     5  temporary  president of the senate and the speaker of the assembly on or
     6  before the first day of June next succeeding the effective date of  this
     7  section and on the same date in each succeeding year in which the demon-
     8  stration  program  is  operable.  Such  report shall include, but not be
     9  limited to:
    10    1. a description of the locations where traffic-control  signal  photo
    11  violation-monitoring systems were used;
    12    2.  the  aggregate  number, type and severity of accidents reported at
    13  intersections where a traffic-control signal photo  violation-monitoring
    14  system  is used for the [year] three years preceding the installation of
    15  such system, to the extent the information is maintained by the  depart-
    16  ment of motor vehicles of this state;
    17    3.  the  aggregate  number, type and severity of accidents reported at
    18  intersections where a traffic-control signal photo  violation-monitoring
    19  system is used for the reporting year, as well as for each year that the
    20  traffic-control signal photo violation-monitoring system has been opera-
    21  tional, to the extent the information is maintained by the department of
    22  motor vehicles of this state;
    23    4.  the  number  of  events  and number of violations recorded at each
    24  intersection where a traffic-control signal  photo  violation-monitoring
    25  system  is  used  and  in  the  aggregate on a daily, weekly and monthly
    26  basis;
    27    5. the [total] number of notices of liability  issued  for  violations
    28  recorded  by such [systems] system at each intersection where a traffic-
    29  control signal photo violation-monitoring system is used;
    30    6. the number of fines imposed and total amount of  fines  paid  after
    31  first  notice  of  liability  issued  for  violations  recorded  by such
    32  systems;
    33    7. the number and percentage of violations adjudicated and results  of
    34  such   adjudications  including  breakdowns  of  dispositions  made  for
    35  violations recorded by such systems;
    36    8. the total amount of revenue realized by such city from such adjudi-
    37  cations including a breakdown of revenue realized by such city for  each
    38  year since deployment of its traffic-control signal photo violation-mon-
    39  itoring system;
    40    9. expenses incurred by such city in connection with the program; and
    41    10. quality of the adjudication process and its results.
    42    §  18. This act shall take effect immediately; provided, however, that
    43  the amendments to section 1111-a of the vehicle and traffic law made  by
    44  section  ten of this act shall not affect the repeal of such section and
    45  shall be deemed repealed therewith; provided, however, that  the  amend-
    46  ments  to  section 1111-b of the vehicle and traffic law made by section
    47  eleven of this act shall not affect the repeal of such section and shall
    48  be deemed repealed therewith; provided, however, that the amendments  to
    49  section  1111-b of the vehicle and traffic law made by section twelve of
    50  this act shall not affect the repeal of such section and shall be deemed
    51  repealed therewith; provided, however, that the  amendments  to  section
    52  1111-b  of  the vehicle and traffic law made by section thirteen of this
    53  act shall not affect the repeal of such  section  and  shall  be  deemed
    54  repealed  therewith;  provided,  however, that the amendments to section
    55  1111-d of the vehicle and traffic law made by section fourteen  of  this
    56  act  shall  not  affect  the  repeal of such section and shall be deemed

        S. 1508--C                         54                         A. 2008--C
 
     1  repealed therewith; provided, however, that the  amendments  to  section
     2  1111-d  of  the  vehicle and traffic law made by section fifteen of this
     3  act shall not affect the repeal of such  section  and  shall  be  deemed
     4  repealed  therewith;  provided,  however, that the amendments to section
     5  1111-d of the vehicle and traffic law made by section  sixteen  of  this
     6  act  shall  not  affect  the  repeal of such section and shall be deemed
     7  repealed therewith; provided, however, that the  amendments  to  section
     8  1111-e  of the vehicle and traffic law made by section seventeen of this
     9  act shall not affect the repeal of such  section  and  shall  be  deemed
    10  repealed therewith.
 
    11                                   PART UU
 
    12    Section  1.  The public service law is amended by adding a new section
    13  74-a to read as follows:
    14    § 74-a. Westchester county  renewable  energy  and  energy  efficiency
    15  resources  program.  1. Within ninety days of the effective date of this
    16  section, the commission shall, in consultation with the New  York  state
    17  energy  research  and  development  authority,  after  a hearing held on
    18  notice, establish by order, rules, and regulations, a program to encour-
    19  age the installation of renewable energy resources and energy  efficien-
    20  cies in the county of Westchester.
    21    2.  For  the  purposes of this section, renewable energy resources and
    22  energy efficiency shall have the same meaning as defined by the  commis-
    23  sion  and  consistent with the most recent state energy plan pursuant to
    24  article six of the energy law.
    25    § 2. This act shall take effect immediately.
    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 UU of this act shall be
    37  as specifically set forth in the last section of such Parts.
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