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A02008 Summary:

BILL NOA02008
 
SAME ASSAME AS UNI. S01508
 
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); authorizes the dormitory authority to provide services to the office of parks, recreation and historic preservation and the department of environmental conservation (Part B); authorizes the Atlantic Avenue Healthcare Property Holding Corporation to sell, exchange, lease, transfer and convey certain real property (Part C); relates to the infrastructure investment act (Part D); makes certain waste tire management and recycling fees permanent (Part E); defines beverage containers (Part F); establishes authority in the commissioner of the department of environmental conservation to solicit funds or gifts and enter into public-private partnerships, subject to approval of the director of the budget (Part G); prohibits plastic carryout bags (Part H); prohibits the use of condemnation of lands for the use of corporations to install infrastructure associated with the production of oil and natural gas in the North Atlantic Planning Area and prohibits vessels from using New York waters if associated with the production of oil and natural gas in the North Atlantic Planning Area (Part I); removes requirements for notice of freshwater wetlands maps and tidal wetlands boundary maps to be mailed by certified mail (Part J); relates to the disclosure of cleansing products and labeling of consumer products; requires manufacturer disclosure of the ingredients in personal care products and creates a new article regulating personal care products; and makes related provisions (Part K); requires the licensing of any person engaged in the business of servicing certain student loans owed by one or more borrowers residing in the state (Part L); relates to the submission of reports relating to demonstrations and tests of motor vehicles equipped with autonomous vehicle technology and extends the effectiveness thereof; and authorizes the commissioner of motor vehicles to approve demonstrations and tests consisting of the operation of motor vehicles equipped with autonomous vehicle technology (Part M); extends the provisions of chapter 713 of the laws of 1988 relating to the ignition interlock device program (Part N); extends the expiration of certain provisions relating to taxes and the mandatory surcharge and victim assistance fee to 2021 (Part O); enacts regulations regarding the operation of locally authorized scooters and locally authorized motorcycles (Part P); streamlines the process by which service of process is served against a corporate or other entity with the secretary of state (Part Q); extends the expiration date that permits 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 to March 31, 2020 (Part R); relates to fiber optic utilities (Part S); enacts provisions regarding limousine enforcement and safety (Part T); authorizes 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 (Part U); requires state agencies and authorities to enter into contracts only with service providers that adhere to net neutrality principles (Part V); relates to authorizing 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); establishes the climate leadership act which establishes as state policy that, as soon as practicable, the state must sequester or offset a greater quantity of atmospheric greenhouse gases than are emitted within the state (Part X); extends the power of the urban development corporation to make loans (Part Y); extends provisions relating to the empire state economic development law (Part Z); extends the provisions of article 15-A of the executive law relating to minority and women-owned business enterprises; provides for punishment for fraud related to minority and women-owned business enterprises (Part AA); establishes a congestion tolling program and relates to the confidentiality of certain public records (Part BB); authorizes photo speed violation monitoring systems in the city of New York; makes technical corrections to the effectiveness of provisions of law relating to photo speed violation monitoring systems in school speed zones in the city of New York; and relates to the effectiveness of provisions relating to establishing in a city with a population of one million or more a demonstration program implementing speed violation monitoring systems in school zones by means of photo devices (Part CC); establishes the "Gateway Development Commission Act" enabling such commission to facilitate a passenger rail project between Penn Station, Newark, New Jersey and Penn Station, New York, New York (Part DD); allows the assignment, transfer, sharing or consolidating of powers, functions or activities of the metropolitan transportation authority (Part EE); provides certain metropolitan transportation commuter district supplemental taxes, surcharges and fees to the metropolitan transportation authority without appropriation (Part FF); removes caps on automated enforcement cameras for bus lanes; authorizes automated cameras for stopping, standing, parking and turning limitations within the congestion toll zone and along designated bus corridors, and increases penalties and creates a graduated schedule of fines for repeat offenders (Part GG); extends the effective date of sections of law relating to the resolution of labor disputes (Part HH); classifies the assault of highway workers, airport workers, metropolitan transportation authority bus operators, and division of transportation inspectors as assault in the second degree (Part II); provides for the operation of cashless tolling programs (Part JJ); authorizes the New York power authority to provide energy-related projects, programs and services to any of its power customers and to take actions necessary to develop electric vehicle charging stations (Part KK); relates to the provision of renewable power and energy by the Power Authority of the State of New York (Part LL); establishes the parks retail stores fund and the golf fund as enterprise funds consisting of moneys received from retail sales and golf operations at state parks and historic sites (Part MM); allows the New York state olympic regional development authority to enter into contracts or agreements containing indemnity provisions in order to host olympic or other national or international games or events (Part NN); makes technical changes authorizing an airport mass transit project at LaGuardia airport (Part OO).
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A02008 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 1508                                                  A. 2008
 
                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
 
        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

        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 the public authorities law, in  relation
          to  authorizing  the  dormitory  authority  to provide services to the
          office of parks, recreation and historic preservation and the  depart-
          ment  of  environmental  conservation  (Part  B);  to amend the public
          authorities law, in relation to the transfer and conveyance of certain
          real property (Part C); to amend chapter  60  of  the  laws  of  2015,
          constituting the infrastructure investment act, in relation to project
          delivery  and  making such provisions permanent (Part D); to amend the
          environmental conservation law, in relation to waste  tire  management
          and  recycling  fees (Part E); to amend the environmental conservation
          law, in relation to the definition  of  beverage  containers;  and  to
          amend  section 12 of part F of chapter 58 of the laws of 2013 amending
          the environmental conservation law and the state finance law  relating
          to the "Cleaner, Greener NY Act of 2013", in relation to extending the
          effectiveness  thereof  (Part 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, in relation to prohibiting plastic
          carryout bags (Part H); to amend the environmental  conservation  law,
          the  transportation  corporations  law  and  the  navigation  law,  in
          relation to infrastructure and vessels associated with the  production
          of  oil  or natural gas in federal waters (Part I); to amend the envi-
          ronmental conservation law, in relation to  freshwater  wetlands  maps
          and  tidal wetlands boundary maps (Part J); to amend the environmental
          conservation law and the public health law, in relation to the disclo-
          sure of cleansing products, labeling of consumer products, and requir-
          ing manufacturer  disclosure  of  the  ingredients  in  personal  care
          products  (Part  K);  to amend the banking law, in relation to student
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-01-9

        S. 1508                             2                            A. 2008
 
          loan servicers (Part L); to amend part FF of chapter 55 of the laws of
          2017 relating to motor vehicles equipped with autonomous vehicle tech-
          nology, in relation to the submission of reports and  in  relation  to
          extending  the effectiveness thereof; to authorize the commissioner of
          motor vehicles to approve demonstrations and tests consisting  of  the
          operation of motor vehicles equipped with autonomous vehicle technolo-
          gy; and to repeal section 1226 of the vehicle and traffic law relating
          thereto  (Part  M); to amend chapter 713 of the laws of 1988, amending
          the vehicle and traffic law relating to the ignition interlock  device
          program,  in relation to extending the provisions thereof (Part N); to
          amend chapter 166 of the laws of 1991, amending the tax law and  other
          laws  relating  to  taxes,  in relation to extending the expiration of
          certain provisions of such chapter and to amend the vehicle and  traf-
          fic  law,  in  relation  to  extending the expiration of the mandatory
          surcharge and victim assistance fee (Part O);  to  amend  vehicle  and
          traffic  law,  in  relation to locally authorized scooters and locally
          authorized motorcycles (Part P); to  amend  the  business  corporation
          law,  the cooperative corporations law, the executive law, the general
          associations law, the general  business  law,  the  limited  liability
          company  law, the not-for-profit corporation law, the partnership law,
          the private housing finance law, the arts and  cultural  affairs  law,
          the real property law and the tax law, in relation to streamlining the
          process  by  which service of process is served against a corporate or
          other entity with the  secretary  of  state;  and  to  repeal  certain
          provisions  of  the  real  property  law relating thereto (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  corpo-
          rations  and to permit additional levels of such expedited service, in
          relation to extending the effectiveness thereof (Part R); to amend the
          highway law and the transportation corporations law,  in  relation  to
          fiber  optic  utilities (Part S); to amend the transportation law, the
          vehicle and traffic law and the penal law, in relation to motor carri-
          er safety (Part T); authorizing utility and cable  television  assess-
          ments  to  provide  funds to the department of health from cable tele-
          vision 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);  to  amend the state finance law and the public authorities
          law, in relation to requiring state agencies and authorities to  enter
          contracts  only  with  service providers that adhere to net neutrality
          principles (Part V); to authorize the New York state  energy  research
          and development authority to finance a portion of its research, devel-
          opment  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);
          to amend the energy law, the public service law, the  public  authori-
          ties law and the environmental conservation law, in relation to estab-
          lishing the "climate leadership act" (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

        S. 1508                             3                            A. 2008
 
          the empire state economic development fund  (Part  Z);  to  amend  the
          executive  law,  the  public buildings law, the state finance law, the
          public authorities law, and the penal law, in relation  to  the  reau-
          thorization  of  the  minority  and  women-owned  business  enterprise
          program and to amend chapter 261 of the laws  of  1988,  amending  the
          state  finance  law  and  other  laws  relating  to the New York state
          infrastructure trust fund, in relation to the  effectiveness  thereof;
          and  providing  for  the  repeal of certain provisions upon expiration
          thereof (Part AA); to amend the vehicle and traffic law and the public
          authorities law, in relation  to  establishing  a  congestion  tolling
          program in the city of New York; and to amend the public officers law,
          in relation to confidentiality of certain public records (Part BB); to
          amend  the  vehicle  and  traffic  law,  in  relation  to  photo speed
          violation monitoring systems in school speed zones in the city of  New
          York;  to  amend  chapter 43 of the laws of 2014, amending the vehicle
          and traffic law, the public officers law and the general municipal law
          relating to photo speed violation monitoring systems in  school  speed
          zones in the city of New York, in relation to the effectiveness there-
          of; and to amend chapter 189 of the laws of 2013, amending the vehicle
          and  traffic  law and the public officers law relating to establishing
          in a city with a population of one million  or  more  a  demonstration
          program  implementing  speed  violation  monitoring  systems in school
          speed zones by means of photo devices, in relation to  the  effective-
          ness  thereof (Part CC); establishing the "Gateway Development Commis-
          sion Act"; and to amend the transportation law, in relation to  creat-
          ing  the gateway development commission (Part DD); to amend the public
          authorities law, in relation to  allowing  the  assignment,  transfer,
          sharing  or  consolidating  of  powers, functions or activities of the
          metropolitan transportation authority (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 transporta-
          tion  commuter district supplemental taxes, surcharges and fees to the
          metropolitan transportation authority without appropriation (Part FF);
          to amend the vehicle and traffic law, in relation to removing caps  on
          automated  enforcement  cameras  for  bus lanes, authorizing automated
          enforcement cameras for stopping, standing, parking and turning  limi-
          tations  within  the  congestion  toll  zone  and along designated bus
          corridors, and increasing penalties and creating a graduated  schedule
          of  fines  for repeat offenders; and to amend part II of chapter 59 of
          the laws of 2010, amending the vehicle and traffic law and the  public
          officers  law  relating  to  establishing  a  bus rapid transit demon-
          stration program to restrict the use of bus lanes by means of bus lane
          photo devices, in relation to the effectiveness thereof (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 applicable to the
          resolution of labor disputes (Part HH); to amend the penal law and the
          vehicle and traffic law, in relation to  classifying  the  assault  of
          airport  workers,  metropolitan transportation authority bus operators
          and division of transportation inspectors  as  second  degree  assault
          (Part  II);  to  amend  the public authorities law, in relation to the
          operation of cashless tolling programs (Part JJ); to amend the  public
          authorities law, in relation to authorizing the New York power author-
          ity  to  provide energy-related projects, programs and services to any
          of its power customers, and to take actions necessary to develop elec-
          tric vehicle charging stations (Part KK); to amend the public authori-

        S. 1508                             4                            A. 2008
 
          ties law, in relation to the provision of renewable power  and  energy
          by  the  Power  Authority of the State of New York (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 olympic
          or  other  national or international games or events (Part NN); and to
          amend the highway law, in relation to making a technical correction to
          authorization of an airport mass transit project at LaGuardia  airport
          (Part OO)
 
          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 OO. 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,
     7  including  the  effective  date  of the Part, which makes reference to a
     8  section "of this act", when used  in  connection  with  that  particular
     9  component,  shall  be  deemed  to  mean  and  refer to the corresponding
    10  section of the Part in which it is found. Section three of this act sets
    11  forth the general effective date of this act.
 
    12                                   PART A
 
    13    Section 1. Paragraph (b) of subdivision 6 of  section  1699-f  of  the
    14  public  authorities  law, as added by chapter 83 of the laws of 1995, is
    15  amended to read as follows:
    16    (b) The financing of any project initiated on or after  the  effective
    17  date  of this section, the entirety of which the agency would be author-
    18  ized to undertake by the  provisions  of  the  medical  care  facilities
    19  finance  agency  act  prior to such effective date, shall be governed by
    20  such act.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART B
 
    23    Section 1. Paragraph (b) of subdivision  2  of  section  1676  of  the
    24  public  authorities  law is amended by adding two new undesignated para-
    25  graphs to read as follows:
    26    The office of parks, recreation and historic preservation.
    27    The department of environmental conservation.
    28    § 2. This act shall take effect immediately.
 
    29                                   PART C
 
    30    Section 1. Subdivision 25 of section 1678 of  the  public  authorities
    31  law  is  amended  by  adding  two  new paragraphs (e) and (f) to read as
    32  follows:
    33    (e) Notwithstanding any  other  provision  of  law  to  the  contrary,
    34  including  but not limited to title five-A of article nine of this chap-

        S. 1508                             5                            A. 2008
 
     1  ter, the Atlantic Avenue  Healthcare  Property  Holding  Corporation  is
     2  hereby  authorized  and empowered to sell, exchange, lease, transfer and
     3  convey  certain  real  property  located  at  483-503  Herkimer  Street,
     4  1028-1038 Broadway, 528 Prospect Place and/or 1366 East New York Avenue,
     5  all  in  Brooklyn,  New York as directed by the commissioner of New York
     6  state division of homes and  community  renewal,  upon  such  terms  and
     7  conditions as such commissioner may fix and determine.
     8    Such  sale, exchange, lease, transfer and conveyance shall be consist-
     9  ent with and made pursuant to a plan to increase access and  quality  of
    10  health care services and preventative care and create affordable housing
    11  approved  by  the  commissioner  of New York state division of homes and
    12  community renewal, the commissioner of health and the  director  of  the
    13  division  of  the  budget to transform the Central Brooklyn region. Such
    14  plan may include, but shall not be limited to, initiatives  intended  to
    15  increase  access  to open spaces and healthy food, transform health care
    16  by increasing access and quality of health care services  and  preventa-
    17  tive  care, create affordable housing, create jobs, improve youth devel-
    18  opment, and prevent community violence.
    19    Notwithstanding the foregoing, no such sale, exchange, transfer, lease
    20  or conveyance shall be permitted pursuant to this section, unless in the
    21  opinion of bond counsel to the authority, such sale, exchange, transfer,
    22  lease or conveyance  does  not  impair  the  tax-exempt  status  of  any
    23  outstanding  bonds or other obligations, if any, issued by the authority
    24  to finance or refinance the subject property. For the purposes  of  such
    25  opinion,  the  valuation  of such property being sold, exchanged, trans-
    26  ferred, leased or conveyed may reflect  the  terms  and  conditions  set
    27  forth in the plan.
    28    (f)  The description in paragraph (e) of this subdivision of the lands
    29  to  be  transferred  and  conveyed  is  not  intended  to  be  a   legal
    30  description,  but  is  intended  only  to  identify  the  premises to be
    31  conveyed. As a condition of transfer and conveyance, the Atlantic Avenue
    32  Healthcare Property Holding Corporation shall receive an accurate survey
    33  and description of the lands generally described  in  paragraph  (e)  of
    34  this subdivision, which may be used in the conveyance thereof.
    35    §  2.  This act shall take effect immediately; provided, however, that
    36  the amendments to subdivision 25 of section 1678 of the public  authori-
    37  ties  law  made  by section one of this act shall survive the expiration
    38  and reversion of such subdivision as provided by section  2  of  chapter
    39  584 of the laws of 2011, as amended.
 
    40                                   PART D
 
    41    Section  1.  Paragraph (i) and the opening paragraph of paragraph (ii)
    42  of subdivision (a) of section 2 of part F of chapter 60 of the  laws  of
    43  2015,  constituting  the  infrastructure  investment  act, as amended by
    44  section 1 of part RRR of chapter 59 of the laws of 2017, are amended  to
    45  read as follows:
    46    (i)  "authorized  state  entity" shall mean the New York state thruway
    47  authority, the department of transportation, the office of parks, recre-
    48  ation and historic preservation, the department of environmental conser-
    49  vation, the dormitory authority, the urban development corporation,  the
    50  office  of  general services, the department of health, and the New York
    51  state olympic regional development authority  and  the  New  York  state
    52  bridge authority.
    53    Notwithstanding  the  provisions  of subdivision 26 of section 1678 of
    54  the public authorities law, section  8  of  the  public  buildings  law,

        S. 1508                             6                            A. 2008
 
     1  sections  8  and  9  of  section 1 of chapter 359 of the laws of 1968 as
     2  amended, section 103 of the general municipal law, and the provisions of
     3  any other law to the contrary, the term "authorized state entity"  shall
     4  also refer to only those agencies or authorities identified below solely
     5  in connection with the following authorized projects, provided that such
     6  an  authorized  state entity may utilize the alternative delivery method
     7  referred to as design-build contracts  solely  in  connection  with  the
     8  following authorized projects should the total cost of each such project
     9  not  be  less  than  [five]  one  million  two  hundred thousand dollars
    10  [($5,000,000)] ($1,200,000):
    11    § 2. Subdivision (e) of section 2 of part F of chapter 60 of the  laws
    12  of  2015,  constituting the infrastructure investment act, is amended to
    13  read as follows:
    14    (e) "design-build [contract]" shall mean a [contract] project delivery
    15  method for the design and construction  of  a  capital  project  with  a
    16  single entity, which may be a team comprised of separate entities.
    17    § 3. Section 2 of part F of chapter 60 of the laws of 2015, constitut-
    18  ing  the  infrastructure  investment  act is amended by adding three new
    19  subdivisions (g), (h) and (i) to read as follows:
    20    (g) "alternative project delivery contract"  shall  mean  any  project
    21  delivery  method,  including  but  not  limited  to construction manager
    22  build, construction manager at risk, and design-build, pursuant to which
    23  one or more contracts  for  the  provision  of  design  or  construction
    24  services  are  awarded  pursuant  to  an  open and competitive method of
    25  procurement.
    26    (h) "construction manager at risk" shall mean a project delivery meth-
    27  od whereby (i) a construction manager  serves  as  part  of  a  team  in
    28  conjunction  with  the  owner  in  the design phase of the project; (ii)
    29  during the construction phase, acts as  general  contractor  for  agreed
    30  upon  compensation  as  set  forth  in  the construction manager at risk
    31  agreement; and (iii) assumes the risk of construction costs exceeding an
    32  amount specified in the construction manager at risk agreement.
    33    (i) "construction manager build" shall mean a project delivery  method
    34  whereby a construction manager: (i) serves as part of a team in conjunc-
    35  tion  with  the owner in the design phase of the project; (ii) under the
    36  oversight of the owner acts as the single source  of  responsibility  to
    37  bid,  select  and  hold  construction  contracts  on behalf of the owner
    38  during the  construction  phase;  and  (iii)  manages  the  construction
    39  project on behalf of the owner.
    40    § 4. Section 3 of part F of chapter 60 of the laws of 2015, constitut-
    41  ing  the  infrastructure investment act, as amended by section 3 of part
    42  RRR of chapter 59 of the laws of 2017, is amended to read as follows:
    43    § 3. Notwithstanding the provisions of section 38 of the highway  law,
    44  section  136-a  of  the state finance law, [section] sections 359, 1678,
    45  1680, 1680-a  and  2879-a  of  the  public  authorities  law,  [section]
    46  sections  407-a, 6281 and 7210 of the education law, sections 8 and 9 of
    47  the public buildings law, section 11 of chapter 795 of the laws of 1967,
    48  sections 8 and 9 of section 1 of chapter 359 of  the  laws  of  1968  as
    49  amended,  section 11 of section 1 of chapter 174 of the laws of 1968, as
    50  amended, section 29 of chapter 337 of the laws of 1972,  section  21  of
    51  chapter  464  of  the laws of 1972, section 103 of the general municipal
    52  law, and the provisions of  any  other  law  to  the  contrary,  and  in
    53  conformity with the requirements of this act, an authorized state entity
    54  may  utilize  [the]  alternative project delivery [method referred to as
    55  design-build] contracts,  in  consultation  with  relevant  local  labor
    56  organizations and construction industry, for capital projects located in

        S. 1508                             7                            A. 2008
 
     1  the  state and related to [the state's] physical infrastructure, includ-
     2  ing, but not limited to, [the state's] buildings and appurtenant  struc-
     3  tures,  highways,  bridges,  dams,  flood  control projects, canals, and
     4  parks, including, but not limited to, to repair damage caused by natural
     5  disaster,  to  correct health and safety defects, to comply with federal
     6  and state laws, standards, and regulations, to extend the useful life of
     7  or replace [the state's] buildings and appurtenant structures, highways,
     8  bridges, dams, flood control projects, canals, and parks or  to  improve
     9  or  add to [the state's] buildings and appurtenant structures, highways,
    10  bridges, dams, flood control projects, canals, and parks; provided  that
    11  for  the  contracts  executed  by  the department of transportation, the
    12  office of parks, recreation and historic preservation, or the department
    13  of environmental conservation, the total cost of each such project shall
    14  not be less than ten million dollars ($10,000,000).
    15    § 5. Section 4 of part F of chapter 60 of the laws of 2015, constitut-
    16  ing the infrastructure investment act, as amended by section 4  of  part
    17  RRR of chapter 59 of the laws of 2017, is amended to read as follows:
    18    § 4. An entity selected by an authorized state entity to enter into [a
    19  design-build  contract  shall]  an alternative project delivery contract
    20  may be selected through a two-step method, as follows:
    21    (a) Step one. Generation of a list of entities that have  demonstrated
    22  the general capability to perform the [design-build] alternative project
    23  delivery  contract.    Such  list shall consist of a specified number of
    24  entities, as determined by an authorized  state  entity,  and  shall  be
    25  generated  based  upon the authorized state entity's review of responses
    26  to a publicly advertised  request  for  qualifications.  The  authorized
    27  state  entity's  request  for  qualifications  shall  include  a general
    28  description of the  project,  the  maximum  number  of  entities  to  be
    29  included on the list, the selection criteria to be used and the relative
    30  weight  of each criteria in generating the list. Such selection criteria
    31  shall include the qualifications  and  experience  of  the  [design  and
    32  construction  team]  entity  or  team  of entities, organization, demon-
    33  strated responsibility, ability of the team or of a member or members of
    34  the  team  to  comply  with  applicable  requirements,   including   the
    35  provisions  of  articles  145,  147  and  148 of the education law, past
    36  record of compliance with the labor law, and such  other  qualifications
    37  the  authorized state entity deems appropriate which may include but are
    38  not limited to project understanding, financial capability and record of
    39  past performance. The authorized state entity shall  evaluate  and  rate
    40  all  entities  responding to the request for qualifications.  Based upon
    41  such ratings, the authorized state entity shall list the  entities  that
    42  shall receive a request for proposals in accordance with subdivision (b)
    43  of  this section.  To the extent consistent with applicable federal law,
    44  the authorized state entity shall consider, when awarding  any  contract
    45  pursuant  to  this  section,  the  participation of: (i) firms certified
    46  pursuant to article 15-A of the executive law as minority or women-owned
    47  businesses and the ability of other businesses  under  consideration  to
    48  work  with  minority  and  women-owned  businesses  so as to promote and
    49  assist participation by  such  businesses;  [and]  (ii)  small  business
    50  concerns  identified pursuant to subdivision (b) of section 139-g of the
    51  state finance law[.]; and (iii) firms certified pursuant to article 17-B
    52  of the executive law as service-disabled  veteran-owned  businesses  and
    53  the  ability  of  other  businesses  under  consideration  to  work with
    54  service-disabled veteran-owned businesses so as to  promote  and  assist
    55  participation by such businesses.

        S. 1508                             8                            A. 2008
 
     1    (b) Step two. Selection of the proposal which is the best value to the
     2  authorized  state  entity.    The  authorized state entity shall issue a
     3  request for proposals to the entities listed pursuant to subdivision (a)
     4  of this section.  If such an entity consists of a team of separate enti-
     5  ties,  the entities that comprise such a team must remain unchanged from
     6  the entity as listed pursuant to subdivision (a) of this section  unless
     7  otherwise  approved  by  the  authorized  state  entity. The request for
     8  proposals shall set  forth  the  project's  scope  of  work,  and  other
     9  requirements, as determined by the authorized state entity.  The request
    10  for  proposals  shall  specify  the  criteria to be used to evaluate the
    11  responses and the relative weight of each such criteria.  Such  criteria
    12  shall  include  the  proposal's  cost,  the  quality  of  the proposal's
    13  solution, the qualifications and experience of the [design-build]  enti-
    14  ty,  and  other factors deemed pertinent by the authorized state entity,
    15  which may include, but shall not be limited to, the  proposal's  project
    16  implementation,  ability  to complete the work in a timely and satisfac-
    17  tory manner, maintenance costs of the completed project, maintenance  of
    18  traffic approach, and community impact. Any contract awarded pursuant to
    19  this  act  shall  be awarded to a responsive and responsible entity that
    20  submits the proposal, which, in consideration of these and other  speci-
    21  fied  criteria deemed pertinent to the project, offers the best value to
    22  the authorized state entity, as determined by the authorized state enti-
    23  ty.  The request for proposals shall include a statement  that  entities
    24  shall  designate  in writing those portions of the proposal that contain
    25  trade secrets or other proprietary information that are to remain confi-
    26  dential; that the material designated as confidential shall  be  readily
    27  separable from the entity's proposal.  Nothing herein shall be construed
    28  to  prohibit the authorized entity from negotiating final contract terms
    29  and conditions including cost. All proposals submitted shall  be  scored
    30  according  to  the criteria listed in the request for proposals and such
    31  final scores  shall  be  published  on  the  authorized  state  entity's
    32  website.
    33    § 6. Section 7 of part F of chapter 60 of the laws of 2015, constitut-
    34  ing the infrastructure investment act, is amended to read as follows:
    35    §  7.  If  otherwise  applicable,  capital  projects undertaken by the
    36  authorized state entity pursuant to this act shall be subject to section
    37  135 of the state finance law, section 101 of the general  municipal  law
    38  and  section 222 of the labor law; provided, however, that an authorized
    39  entity may fulfill its  obligations  under  section  135  of  the  state
    40  finance law or section 101 of the general municipal law by requiring the
    41  contractor to prepare separate specifications in accordance with section
    42  135 of the state finance law or section 101 of the general municipal law
    43  as the case may be.
    44    § 7. Section 8 of part F of chapter 60 of the laws of 2015, constitut-
    45  ing the infrastructure investment act, is amended to read as follows:
    46    §  8. Each contract entered into by the authorized state entity pursu-
    47  ant to this section shall comply with the objectives and goals of minor-
    48  ity and women-owned business enterprises pursuant to article 15-A of the
    49  executive law and of service-disabled veteran-owned business enterprises
    50  pursuant to article 17-B of the executive law or, for projects receiving
    51  federal aid, shall  comply  with  applicable  federal  requirements  for
    52  disadvantaged business enterprises.
    53    §  8.  Section 11 of part F of chapter 60 of the laws of 2015, consti-
    54  tuting the infrastructure investment act, is amended to read as follows:
    55    § 11. The submission of a proposal or responses or the execution of [a
    56  design-build] an alternative project delivery contract pursuant to  this

        S. 1508                             9                            A. 2008
 
     1  act  shall  not  be  construed  to be a violation of section 6512 of the
     2  education law.
     3    §  9.  Section 13 of part F of chapter 60 of the laws of 2015, consti-
     4  tuting the infrastructure investment act, as amended by  section  11  of
     5  part  RRR  of  chapter  59  of  the  laws of 2017, is amended to read as
     6  follows:
     7    § 13. Alternative construction awarding processes.  (a)  Notwithstand-
     8  ing  the  provisions  of  any  other law to the contrary, the authorized
     9  state entity may award [a construction] an alternative project  delivery
    10  contract:
    11    1. To the [contractor] entity offering the best value; or
    12    2.  Utilizing  a cost-plus not to exceed guaranteed maximum price form
    13  of contract in which the authorized state entity shall  be  entitled  to
    14  monitor  and  audit  all project costs. In establishing the schedule and
    15  process for determining a guaranteed maximum price, the contract between
    16  the authorized state entity and the contractor shall:
    17    (i) describe the scope of the work and the  cost  of  performing  such
    18  work;
    19    (ii) include a detailed line item cost breakdown;
    20    (iii)  include a list of all drawings, specifications and other infor-
    21  mation on which the guaranteed maximum price is based;
    22    (iv) include the dates for substantial and final completion  on  which
    23  the guaranteed maximum price is based; and
    24    (v) include a schedule of unit prices; or
    25    3.  Utilizing  a  lump  sum  contract in which the [contractor] entity
    26  agrees to accept a set dollar amount for a contract  which  comprises  a
    27  single  bid without providing a cost breakdown for all costs such as for
    28  equipment, labor, materials, as well  as  such  [contractor's]  entity's
    29  profit for completing all items of work comprising the project.
    30    4.  The contract may include a combination of elements of the contract
    31  types listed in this section and may provide for  professional  services
    32  on a fee-for-service basis.
    33    (b)  Capital  projects  undertaken  by  an authorized state entity may
    34  include an incentive clause in  the  contract  for  various  performance
    35  objectives, but the incentive clause shall not include an incentive that
    36  exceeds the quantifiable value of the benefit received by the authorized
    37  state  entity.  [The] Notwithstanding the provisions of sections 136 and
    38  137 of the state finance law, the authorized state entity shall  [estab-
    39  lish] require such performance and payment bonds, bonds or other form of
    40  undertaking, as it deems necessary.
    41    §  10.  Part  F  of  chapter  60 of the laws of 2015, constituting the
    42  infrastructure investment act is amended by adding a new section 15-a to
    43  read as follows:
    44    15-a. Any contract awarded pursuant to this act shall be deemed to  be
    45  awarded  pursuant  to  a competitive procurement for purposes of section
    46  2879-a of the public authorities law.
    47    § 11. Section 17 of part F of chapter 60 of the laws of 2015,  consti-
    48  tuting  the  infrastructure  investment act, as amended by section 14 of
    49  part RRR of chapter 59 of the laws  of  2017,  is  amended  to  read  as
    50  follows:
    51    §  17. This act shall take effect immediately [and shall expire and be
    52  deemed repealed 4 years after such date, provided  that,  projects  with
    53  requests for qualifications issued prior to such repeal shall be permit-
    54  ted to continue under this act notwithstanding such repeal].
    55    § 12. This act shall take effect immediately.

        S. 1508                            10                            A. 2008
 
     1                                   PART E
 
     2    Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
     3  section  27-1905  of  the  environmental conservation law, as amended by
     4  section 1 of part T of chapter 58 of the laws of 2016,  are  amended  to
     5  read as follows:
     6    1. [Until December thirty-first, two thousand nineteen, accept] Accept
     7  from  a  customer,  waste  tires of approximately the same size and in a
     8  quantity equal to the number of new tires purchased or installed by  the
     9  customer; and
    10    [Until  December thirty-first, two thousand nineteen, post] Post writ-
    11  ten notice in a prominent location, which must be  at  least  eight  and
    12  one-half  inches  by  fourteen  inches in size and contain the following
    13  language:
    14    § 2.  Subdivisions 1, 2, 3, and paragraph  (a)  of  subdivision  6  of
    15  section  27-1913  of  the  environmental conservation law, as amended by
    16  section 2 of part T of chapter 58 of the laws of 2016,  are  amended  to
    17  read as follows:
    18    1.  [Until  December  thirty-first,  two thousand nineteen, a] A waste
    19  tire management and recycling fee of two dollars and fifty  cents  shall
    20  be charged on each new tire sold. The fee shall be paid by the purchaser
    21  to  the  tire  service  at the time the new tire or new motor vehicle is
    22  purchased.
    23    The waste tire management and recycling fee does not apply to:
    24    (a) recapped or resold tires;
    25    (b) mail-order sales; or
    26    (c) the sale of new motor vehicle tires to a  person  solely  for  the
    27  purpose  of  resale provided the subsequent retail sale in this state is
    28  subject to such fee.
    29    2. [Until December thirty-first, two thousand nineteen, the] The  tire
    30  service  shall  collect the waste tire management and recycling fee from
    31  the purchaser at the time of the sale and shall remit such  fee  to  the
    32  department  of  taxation  and  finance  with  the quarterly report filed
    33  pursuant to subdivision three of this section.
    34    (a) The fee imposed shall be stated as an invoice  item  separate  and
    35  distinct from the selling price of the tire.
    36    (b) The tire service shall be entitled to retain an allowance of twen-
    37  ty-five cents per tire from fees collected.
    38    3.  [Until  March  thirty-first,  two thousand twenty, each] Each tire
    39  service maintaining a place of business  in  this  state  shall  make  a
    40  return  to  the department of taxation and finance on a quarterly basis,
    41  with the return for December, January, and  February  being  due  on  or
    42  before  the  immediately  following  March  thirty-first; the return for
    43  March, April, and May being due on or before the  immediately  following
    44  June  thirtieth;  the  return for June, July, and August being due on or
    45  before the immediately following September thirtieth; and the return for
    46  September, October, and November being due on or before the  immediately
    47  following December thirty-first.
    48    (a) Each return shall include:
    49    (i) the name of the tire service;
    50    (ii) the address of the tire service's principal place of business and
    51  the  address  of the principal place of business (if that is a different
    52  address) from which the tire service engages in the business  of  making
    53  retail sales of tires;
    54    (iii) the name and signature of the person preparing the return;

        S. 1508                            11                            A. 2008

     1    (iv)  the  total  number of new tires sold at retail for the preceding
     2  quarter and the total number of new tires placed on motor vehicles prior
     3  to original retail sale;
     4    (v) the amount of waste tire management and recycling fees due; and
     5    (vi)  such  other reasonable information as the department of taxation
     6  and finance may require.
     7    (b) Copies of each report shall be retained by the  tire  service  for
     8  three years.
     9    If  a  tire  service ceases business, it shall file a final return and
    10  remit all fees due under this title with the department of taxation  and
    11  finance not more than one month after discontinuing that business.
    12    (a)  [Until  December  thirty-first,  two  thousand nineteen, any] Any
    13  additional waste tire management and recycling costs of the tire service
    14  in excess of the amount authorized to be retained pursuant to  paragraph
    15  (b)  of subdivision two of this section may be included in the published
    16  selling price of the new tire, or charged as a separate per-tire  charge
    17  on  each  new  tire sold. When such costs are charged as a separate per-
    18  tire charge: (i) such charge shall be stated as an invoice item separate
    19  and distinct from the selling price of the tire; (ii) the invoice  shall
    20  state  that  the  charge  is  imposed at the sole discretion of the tire
    21  service; and (iii) the amount of such charge shall  reflect  the  actual
    22  cost to the tire service for the management and recycling of waste tires
    23  accepted  by the tire service pursuant to section 27-1905 of this title,
    24  provided however, that in no event shall such charge exceed two  dollars
    25  and fifty cents on each new tire sold.
    26    §  3. Paragraph (b) and (c) of subdivision 1 of section 27-1915 of the
    27  environmental conservation law, as amended by section 5 of  part  DD  of
    28  chapter  59  of the laws of 2010, are amended and a new paragraph (d) is
    29  added to read as follows:
    30    (b) abatement of noncompliant waste tire stockpiles; [and]
    31    (c) administration and enforcement of the requirements of  this  arti-
    32  cle, exclusive of titles thirteen and fourteen[.]; and
    33    (d)  conducting  an  updated market analysis of outlets for waste tire
    34  utilization including recycling and energy recovery opportunities.
    35    § 4. This act shall take effect immediately.
 
    36                                   PART F
 
    37    Section 1. Subdivisions 1, 2-a and 5-a of section 27-1003 of the envi-
    38  ronmental conservation law, subdivision 1 as amended  by  section  2  of
    39  part SS of chapter 59 of the laws of 2009, subdivision 2-a as amended by
    40  section  2  of part F of chapter 58 of the laws of 2013, and subdivision
    41  5-a as added by section 3 of part SS of chapter 59 of the laws of  2009,
    42  are amended to read as follows:
    43    1.  "Beverage"  means [carbonated soft drinks, water, beer, other malt
    44  beverages and a wine product as defined in subdivision  thirty-six-a  of
    45  section  three  of  the alcoholic beverage control law. "Malt beverages"
    46  means any beverage obtained by the alcoholic fermentation or infusion or
    47  decoction of barley, malt, hops, or other wholesome grain or cereal  and
    48  water  including,  but not limited to ale, stout or malt liquor. "Water"
    49  means any beverage identified through  the  use  of  letters,  words  or
    50  symbols  on its product label as a type of water, including any flavored
    51  water or nutritionally enhanced water, provided, however,  that  "water"
    52  does  not  include any beverage identified as a type of water to which a
    53  sugar has been added] all carbonated and noncarbonated drinks in  liquid
    54  form and intended for internal human consumption.

        S. 1508                            12                            A. 2008
 
     1    The term "beverage" shall not include:
     2    a.  milk  and  dairy  derived  products. "Milk" means whole milk, skim
     3  milk, low-fat milk, cream, cultured milk, yogurt or any  combination  of
     4  those  products.  The term "dairy derived products" includes any product
     5  of which more than fifty percent of the ingredients are milk, milk  fat,
     6  cultured milk or yogurt;
     7    b. rice milk, soy milk, nut milk or other milk substitute;
     8    c. infant formula;
     9    d.  a  liquid  that  is  a syrup, in a concentrated form, or typically
    10  added at less than five percent as a minor flavoring ingredient in  food
    11  or drink, such as extracts, cooking additives, sauces or condiments;
    12    e.  a  liquid  that is a medical prescription or over-the-counter drug
    13  regulated by the United States Food and Drug Administration and consumed
    14  for medicinal purposes only;
    15    f. a liquid that is (i) regulated  as  a  dietary  supplement  by  the
    16  United  States Food and Drug Administration except one that is designed,
    17  marketed and/or intended to be consumed as a beverage such as  a  sports
    18  or  hydration  drink,  or  (ii) designed, marketed and/or intended to be
    19  consumed as a meal or meal substitute as part of a weight loss  program,
    20  such as a diet shake;
    21    g. products that are traditionally frozen at the time of sale;
    22    h. products designed to be consumed in a frozen state;
    23    i. instant drink powders;
    24    j. seafood, meat or vegetable broths, or soups; and
    25    k.  alcoholic  beverages  other than: beer, malt beverages, and a wine
    26  product as that term is defined in section three of the alcoholic bever-
    27  age control law. "Malt beverages" means any  beverage  obtained  by  the
    28  alcoholic  fermentation  or infusion or decoction of barley, malt, hops,
    29  or other wholesome grain or cereal and water including, but not  limited
    30  to ale, stout or malt liquor.
    31    2-a.  "[Bottler] Beverage manufacturer" means a person, firm or corpo-
    32  ration who:
    33    a. bottles, cans or otherwise packages beverages in beverage  contain-
    34  ers [except that if]. If such packaging is for any other person, firm or
    35  corporation  having  the  right  to bottle, can or otherwise package the
    36  same brand of beverage, then such  other  person,  firm  or  corporation
    37  shall  be  considered  to be the [bottler] beverage manufacturer for the
    38  purposes of this title; or
    39    b. imports filled beverage containers into the United States.
    40    5-a. A "deposit initiator" for each beverage  container  for  which  a
    41  refund  value  is  established under section 27-1005 of this title means
    42  the first person to charge a deposit on a filled beverage container. For
    43  the purposes of charging such deposit the deposit initiator may be:
    44    a. the [bottler of the beverage in such container]  beverage  manufac-
    45  turer;
    46    b. the distributor of such container if such distributor's purchase of
    47  such container was not, directly or indirectly, from a registered depos-
    48  it initiator;
    49    c.  [a  dealer  of  such  container  who sells or offers for sale such
    50  container in this state, whose  purchase  of  such  container  was  not,
    51  directly  or  indirectly, from a registered deposit initiator] the brand
    52  owner of a beverage; or
    53    d. [an agent acting on behalf of a registered deposit  initiator]  any
    54  other  person  as  determined in rules or regulations promulgated by the
    55  department.

        S. 1508                            13                            A. 2008
 
     1    § 2. The environmental conservation law is amended  by  adding  a  new
     2  section 27-1004 to read as follows:
     3  § 27-1004. Deposit initiators.
     4    1.  a. For a beverage container manufactured in the United States, the
     5  deposit on each filled beverage  container  must  be  initiated  by  the
     6  beverage manufacturer, except as otherwise provided in this section.
     7    b.  The  first  distributor  of  a beverage may choose to initiate the
     8  deposit if all of the following apply:
     9    (i) the manufacturer does not sell, offer for sale, or distribute such
    10  beverage to any person in the state or to any other person that distrib-
    11  utes such beverage into the state;
    12    (ii) the first distributor has a geographically exclusive distributor-
    13  ship for the sale of such beverage; and
    14    (iii) the manufacturer and the first distributor have a written agree-
    15  ment detailing the specific geographic areas in the state of such exclu-
    16  sive distributorship.
    17    c. The person, firm or corporation  who  bottles,  cans  or  otherwise
    18  packages beverages in beverage containers may initiate the deposit for a
    19  brand  owner for whose exclusive account beverage containers bearing the
    20  brand name or trademark are bottled, canned or packaged if  the  person,
    21  firm  or  corporation  is  the  exclusive bottler and there is a written
    22  agreement establishing who is responsible for the pick-up and redemption
    23  of empty containers.
    24    2. For a beverage manufactured outside the United States, the  deposit
    25  on each filled beverage container must be initiated by the person, firm,
    26  or  corporation  who  imports filled beverage containers into the United
    27  States.
    28    3. Except as provided by this section, or  as  provided  in  rules  or
    29  regulations  promulgated by the department, no other person may initiate
    30  a deposit on a beverage container sold in New York state.
    31    4. For the purposes of this title, there shall  be  only  one  deposit
    32  initiator for the same type of beverage container who is responsible for
    33  the  proper  initiation  of  deposits  on  such beverage containers; the
    34  collection of empty beverage containers; and the payment of  all  refund
    35  values  and  handling fees on those containers for each geographic sales
    36  area in New York state.
    37    5. a. A deposit initiator shall initiate deposits on  filled  beverage
    38  containers sold to any other person outside of this state who intends to
    39  sell  such beverage containers for use or consumption in this state, and
    40  any such sales into the state by any such other person must be accurate-
    41  ly reported to the original deposit initiator in writing.
    42    b. A registered deposit initiator that sells  beverage  containers  to
    43  purchasers at locations outside of the state without initiating a depos-
    44  it  shall  inform  the  purchaser  in  writing that such filled beverage
    45  containers cannot be sold in New York  state  without  a  deposit  being
    46  initiated by the appropriate deposit initiator.
    47    6. A deposit initiator may contract in writing with an agent to act on
    48  behalf  of  the  deposit  initiator  to  pick up, process, or administer
    49  payments of deposits and handling  fees  on  empty  beverage  containers
    50  accepted  from  redemption  centers and dealers on behalf of the deposit
    51  initiator. As used in this title, the  term  "deposit  initiator"  shall
    52  also  include  the  agent  of  the deposit initiator when referring to a
    53  deposit initiator's pickup and redemption requirements. An  agent  of  a
    54  deposit initiator shall comply with all of the deposit initiator's pick-
    55  up  and  redemption  requirements,  unless  otherwise specified in their
    56  written agreement with the deposit initiator.

        S. 1508                            14                            A. 2008
 
     1    § 3. Paragraph (a) of subdivision 1, subdivisions 3, 5, 7, 8,  9,  10,
     2  11  and  12  of  section  27-1007 of the environmental conservation law,
     3  paragraph (a) of subdivision 1, subdivisions 3, 5, 7, 8, 9, 10 and 11 as
     4  added by section 4 of part SS of chapter 59 of the  laws  of  2009,  and
     5  subdivision 12 as added by section 3 of part F of chapter 58 of the laws
     6  of  2013,  are  amended  and two new subdivisions 13 and 14 are added to
     7  read as follows:
     8    (a) A dealer shall accept at his or  her  place  of  business  from  a
     9  redeemer  any  empty  beverage  containers  of  the design, shape, size,
    10  color, composition and brand sold or offered for sale by the dealer, and
    11  shall pay to the  redeemer  the  refund  value  of  each  such  beverage
    12  container  as  established in section 27-1005 of this title. Redemptions
    13  of refund value must be in legal tender, or a scrip or  receipt  from  a
    14  reverse  vending  machine,  provided  that  the  scrip or receipt can be
    15  exchanged for legal tender for a period of  not  less  than  sixty  days
    16  without  requiring the purchase of other goods.  If the scrip or receipt
    17  from a reverse vending machine expires,  the  expiration  date  must  be
    18  indicated  on such scrip or receipt, or the dealer must post a conspicu-
    19  ous sign indicating how many days a redeemer has to exchange  the  scrip
    20  or  receipt  for  legal  tender. If notification of an expiration is not
    21  provided, a dealer must redeem the full refund value  indicated  on  any
    22  legible  scrip  or  receipt.  The  use  or presence of a reverse vending
    23  machine shall not relieve a dealer of any obligations  imposed  pursuant
    24  to  this  section.  If  a  dealer  utilizes a reverse vending machine to
    25  redeem containers, the  dealer  shall  provide  redemption  of  beverage
    26  containers  when  the  reverse  vending  machine  is full, broken, under
    27  repair or does not accept a type of beverage container sold  or  offered
    28  for  sale  by such dealer and may not limit the hours or days of redemp-
    29  tion except as provided by subdivision three of this section.
    30    3. [On or after June first, two  thousand  nine,  a]  A  dealer  whose
    31  primary  business  is the sale of food or beverages for consumption off-
    32  premises and whose place of business is less than  ten  thousand  square
    33  feet  in  size  may  limit the number of empty beverage containers to be
    34  accepted for redemption at the dealer's place of  business  to  no  less
    35  than  seventy-two containers per visit, per redeemer, per day[, provided
    36  that:
    37    (a) The dealer has a written agreement with a redemption center, be it
    38  either at a fixed physical location within the same  county  and  within
    39  one-half  mile of the dealer's place of business, or a mobile redemption
    40  center, operated by a redemption center, that  is  located  within  one-
    41  quarter  mile  of  the dealer's place of business. The redemption center
    42  must have a written agreement with the dealer to  accept  containers  on
    43  behalf  of  the  dealer;  and the redemption center's hours of operation
    44  must cover at least 9:00 a.m. through 7:00 p.m. daily or in the case  of
    45  a  mobile  redemption center, the hours of operation must cover at least
    46  four consecutive hours between 8:00 a.m. and 8:00 p.m.  daily. The deal-
    47  er must post a conspicuous, permanent sign, meeting the size  and  color
    48  specifications  set  forth  in  subdivision two of this section, open to
    49  public view, identifying the location and  hours  of  operation  of  the
    50  affiliated redemption center or mobile redemption center; and
    51    (b)  The  dealer provides, at a minimum, a consecutive two hour period
    52  between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept  up
    53  to  two  hundred  forty  containers,  per redeemer, per day, and posts a
    54  conspicuous, permanent sign, meeting the size and  color  specifications
    55  set forth in subdivision two of this section, open to public view, iden-

        S. 1508                            15                            A. 2008

     1  tifying  those  hours. The dealer may not change the hours of redemption
     2  without first posting a thirty day notice; and
     3    (c) The dealer's primary business is the sale of food or beverages for
     4  consumption  off-premises,  and  the  dealer's place of business is less
     5  than ten thousand square feet in size].
     6    5. [A] The failure of a deposit  [initiator's]  initiator,  a  deposit
     7  initiator's  agent,  or [distributor's failure] a distributor to pick up
     8  empty beverage containers[, including containers processed in a  reverse
     9  vending  machine,] from a redemption center, dealer or the operator of a
    10  reverse vending machine, shall be a violation of this title.
    11    7. A deposit initiator [on a brand]  who  initiates  a  deposit  on  a
    12  beverage  container shall accept from [a] any other deposit initiator or
    13  distributor who [does] did not initiate [deposits]  a  deposit  on  that
    14  [brand any empty] beverage [containers of that brand] any empty beverage
    15  container  accepted by the other deposit initiator or distributor from a
    16  dealer or operator of a redemption center and shall reimburse the  other
    17  deposit  initiator or distributor the refund value of each such beverage
    18  container, as established by section 27-1005 of this title. In addition,
    19  the deposit initiator shall reimburse such other  deposit  initiator  or
    20  distributor  for  each  such  beverage container the handling fee estab-
    21  lished under subdivision six of  this  section  that  was  paid  by  the
    22  redeeming distributor or deposit initiator.  Without limiting the rights
    23  of the department or any person, firm or corporation under this subdivi-
    24  sion or any other provision of this [section] title, a distributor shall
    25  have  a  civil  right  of action to enforce this subdivision, including,
    26  upon three days notice, the right to apply for temporary and preliminary
    27  injunctive relief against continuing violations, and until  arrangements
    28  for collection and return of empty containers or reimbursement of [such]
    29  the redeeming distributor for such deposits and handling fees are made.
    30    8. It shall be the responsibility of the deposit initiator or distrib-
    31  utor  to provide to a dealer or redemption center a sufficient number of
    32  bags, cartons, or other suitable containers, at no cost, for the packag-
    33  ing, handling and pickup of  empty  beverage  containers  that  are  not
    34  redeemed  through  a  reverse  vending  machine.  The  bags, cartons, or
    35  containers must be provided by the deposit initiator or distributor on a
    36  schedule that allows the dealer or redemption center sufficient time  to
    37  sort  the  empty  beverage  containers  prior  to pick up by the deposit
    38  initiator or distributor. In addition:
    39    (a) When picking up empty beverage containers, a deposit initiator  or
    40  distributor  shall  not  require  a  dealer or redemption center to load
    41  their own bags, cartons or containers onto or into  the  deposit  initi-
    42  ator's  or  distributor's  vehicle  or  vehicles or provide the staff or
    43  equipment needed to do so.   However,  where  pallets  or  skids,  bags,
    44  cartons or containers are readily movable only by means of a forklift or
    45  similar  equipment,  a  deposit  initiator  or distributor may require a
    46  dealer or redemption center to move or load such items at no cost  using
    47  a  forklift  or  similar equipment belonging to the dealer or redemption
    48  center.
    49    (b) For empty containers  not  processed  through  a  reverse  vending
    50  machine,  a  dealer or redemption center may provide to a deposit initi-
    51  ator or a distributor a signed, written statement attesting to the count
    52  of the number of containers tendered for redemption. If  such  statement
    53  is  provided, the deposit initiator or distributor shall pay the redemp-
    54  tion center or dealer all applicable refunds and handling fees  for  the
    55  containers  as indicated on such statement, unless discrepancies discov-
    56  ered during the course of an audit are documented by the deposit  initi-

        S. 1508                            16                            A. 2008
 
     1  ator  or  distributor and the reasons for the discrepancies are provided
     2  in writing to the redemption center or dealer. A  deposit  initiator  or
     3  distributor  [shall  not]  may  require  a redemption center or dealer's
     4  count  of  empty  containers to be [counted] audited at a location other
     5  than the redemption center or dealer's place of business, if the redemp-
     6  tion center or dealer refuses to allow an audit to be conducted  at  the
     7  redemption  center  or  dealer's place of business, if there is insuffi-
     8  cient space to conduct an audit, or if an audit cannot be completed in a
     9  safe, secure location protected from weather conditions. The  dealer  or
    10  redemption  center  shall have the right to be present at [the count] an
    11  audit conducted at a location other than the redemption center or  deal-
    12  er's place of business.
    13    (c)  A  deposit  initiator or distributor shall pick up empty beverage
    14  containers from the dealer or redemption center at reasonable times  and
    15  intervals  as  determined  in  rules  or  regulations promulgated by the
    16  department.
    17    9. No person shall return or assist another to return to a  dealer  or
    18  redemption  center  an  empty beverage container for its refund value if
    19  such container had previously been accepted for redemption by a  dealer,
    20  redemption  center,  [or] distributor, a deposit initiator who initiates
    21  deposits on beverage containers of the same brand,  or  an  agent  of  a
    22  deposit initiator, or if such empty container was previously accepted by
    23  a reverse vending machine.
    24    10.  A  redeemer, dealer, distributor, deposit initiator or redemption
    25  center shall not knowingly redeem an empty beverage container  that  was
    26  not  sold  as a filled container in the state and on which a deposit was
    27  never paid in New York state, and shall only pay deposits on the  actual
    28  number   of   empty   beverage  containers  tendered  and  accepted  for
    29  redemption.
    30    11. [Notwithstanding the provisions  of  subdivision  two  of  section
    31  27-1009  of  this title, a deposit initiator or distributor shall accept
    32  and redeem beverage containers as provided in this title, if the  dealer
    33  or  operator  of  a  redemption  center shall have accepted and paid the
    34  refund value of such beverage containers.] Once the refund value  of  an
    35  empty beverage container has been paid by a deposit initiator who initi-
    36  ates deposits on that type of beverage container, no person may knowing-
    37  ly accept that empty beverage container from, or give or sell it to, any
    38  person for the purpose of obtaining the refund value from any person.
    39    12. No person shall [intentionally] program, tamper with, render inac-
    40  curate,  or circumvent the proper operation of a reverse vending machine
    41  [to wrongfully elicit deposit monies when no valid, redeemable  beverage
    42  container has been placed in and properly processed by the reverse vend-
    43  ing machine].
    44    13.  No  person  shall transport empty beverage containers from out of
    45  state into New York state for the purpose  of  tendering  such  beverage
    46  containers for redemption.
    47    14. a. Reverse vending machines shall be designed to prevent the frau-
    48  dulent redemption of containers by utilizing the best available technol-
    49  ogy and provide an accurate report containing the following information:
    50    (i)  the  number  of  containers placed in the reverse vending machine
    51  over a predetermined time period;
    52    (ii) the product name of each beverage container placed in the reverse
    53  vending machine; and
    54    (iii) the material type and size of each beverage container placed  in
    55  the reverse vending machine.

        S. 1508                            17                            A. 2008
 
     1    b.  All  reverse  vending  machines shall be audited by an independent
     2  third-party auditor at least twice per year, but  not  within  any  four
     3  consecutive months.
     4    c.  A  reverse vending machine, any report provided from such machine,
     5  and any audit of a reverse vending machine, are  subject  to  inspection
     6  and  audit  by the department. The department of taxation and finance is
     7  authorized to audit any report from a reverse vending machine.
     8    § 4. Section 27-1009 of the environmental conservation law, as amended
     9  by section 4 of part F of chapter 58 of the laws of 2013, is amended  to
    10  read as follows:
    11  § 27-1009. Refusal of acceptance.
    12    1.  A  dealer or operator of a redemption center [may] shall refuse to
    13  accept from a redeemer, and a deposit  initiator  or  distributor  [may]
    14  shall  refuse to accept from a dealer or operator of a redemption center
    15  any empty beverage container which does not state thereon a refund value
    16  as established by section 27-1005 and provided  by  section  27-1011  of
    17  this title.
    18    2.  A  dealer  [or],  operator of a redemption center, distributor, or
    19  deposit initiator may also refuse  to  accept  any  broken  bottle,  any
    20  corroded,  crushed  or  dismembered container, or any beverage container
    21  which [contains a significant amount of foreign material]  is  otherwise
    22  altered  so that it is rendered unredeemable, as determined in rules and
    23  regulations to be promulgated by the commissioner.   Such  refusal  must
    24  occur  at  the  time  the beverage container is tendered for redemption.
    25  Notwithstanding the foregoing, containers processed  through  a  reverse
    26  vending  machine  authorized  by  a distributor or deposit initiator, as
    27  documented through reverse vending machine reconciliation statements  or
    28  other  reasonable  documentation,  shall be accepted by a distributor or
    29  deposit initiator.
    30    § 5. Paragraph b of subdivision 1 of section 27-1011 of  the  environ-
    31  mental conservation law, as amended by section 5 of part F of chapter 58
    32  of the laws of 2013, is amended and a new subdivision 4 is added to read
    33  as follows:
    34    b.  Such  embossing  or permanent imprinting on the beverage container
    35  shall be the responsibility of the person,  firm  or  corporation  which
    36  bottles,  cans  or otherwise fills or packages a beverage container or a
    37  brand owner for whose exclusive  account  private  label  beverages  are
    38  bottled,  canned or otherwise packaged; provided, however, that the duly
    39  authorized agent of any such person, firm or  corporation  may  indicate
    40  such  refund value by a label securely affixed on any beverage container
    41  containing beverages imported into  the  United  States.  Private  label
    42  beverages  shall  be  defined as beverages [purchased from a bottler] in
    43  beverage containers bearing a brand  name  or  trademark  for  sale  [at
    44  retail] or distribution, directly by the owner or licensee of such brand
    45  name  or  trademark;  or  through  [retail] dealers affiliated with such
    46  owner or licensee by a cooperative [or], franchise, or other agreement.
    47    4. No person shall sell in this state a drink container that indicates
    48  a New York state refund value  if  the  container  is  not  a  "beverage
    49  container," as that term is defined by section 27-1003 of this title.
    50    §  6. Subdivision 1, paragraphs a and b of subdivision 4, subdivisions
    51  8 and 12 of section  27-1012  of  the  environmental  conservation  law,
    52  subdivision  1, paragraphs a and b of subdivision 4 and subdivision 8 as
    53  added by section 8 of part SS of chapter 59 of the  laws  of  2009,  and
    54  subdivision  12  as  amended by section 6 of part F of chapter 58 of the
    55  laws of 2013, are amended to read as follows:

        S. 1508                            18                            A. 2008

     1    1. Each deposit initiator shall deposit in a refund value  account  an
     2  amount equal to the refund value initiated under section 27-1005 of this
     3  title  which is received with respect to each beverage container sold by
     4  such deposit initiator. Such deposit initiator shall hold the amounts in
     5  the  refund value account in trust for the state. A refund value account
     6  shall be an interest-bearing account established in a  banking  institu-
     7  tion  located  in  this  state,  the deposits in which are insured by an
     8  agency of the federal government. Deposits  of  such  amounts  into  the
     9  refund value account shall be made not less frequently than every [five]
    10  thirty  business days. All interest, dividends and returns earned on the
    11  refund value account shall be  paid  directly  into  said  account.  The
    12  monies  in such accounts shall be kept separate and apart from all other
    13  monies in the possession of the deposit initiator. The  commissioner  of
    14  taxation  and finance may specify a system of accounts and records to be
    15  maintained with respect to accounts established under this subdivision.
    16    a. Quarterly payments. An  amount  equal  to  eighty  percent  of  the
    17  balance  outstanding  in  the  refund value account at the close of each
    18  quarter shall be paid to the commissioner of taxation and finance at the
    19  time the report provided for in subdivision three  of  this  section  is
    20  required to be filed.  However, a deposit initiator who initiates depos-
    21  its  on  beverage  containers  with  a  universal product code and label
    22  design that is unique to this state, or used only in this state and  any
    23  other  states that have a law substantially similar to this title, shall
    24  be entitled to pay an amount equal to only sixty percent of the  balance
    25  outstanding  in  the  refund value account attributable to such beverage
    26  containers at the close of each quarter to the commissioner of  taxation
    27  and  finance at the time the report provided for in subdivision three of
    28  this section is required to be filed. The commissioner of  taxation  and
    29  finance  may  require  that  the  payments  be  made electronically. The
    30  remaining twenty percent of the balance outstanding at the close of each
    31  quarter shall be the monies of the deposit initiator and  may  be  with-
    32  drawn  from  such account by the deposit initiator. If the provisions of
    33  this section with respect to such account have not been  fully  complied
    34  with,  each  deposit  initiator  shall  pay to such commissioner at such
    35  time, in lieu of the amount described  in  the  preceding  sentence,  an
    36  amount  equal  to  the balance which would have been outstanding on such
    37  date had such provisions been fully complied with. The  commissioner  of
    38  taxation  and  finance  may  require that the payments be made electron-
    39  ically.
    40    b. Refund value account shortfall. In the event  a  deposit  initiator
    41  pays  out  more  in refund values than it collects in deposits of refund
    42  values during the course of a quarterly period as described in  subdivi-
    43  sion  three  of  this  section,  the  deposit initiator may apply to the
    44  commissioner of taxation and finance for a refund of the amount of  such
    45  excess payment of refund values from sources other than the refund value
    46  account,  in  the manner as provided by the commissioner of taxation and
    47  finance. A deposit initiator must apply  for  a  refund  no  later  than
    48  twelve months after the due date for filing the quarterly report for the
    49  quarterly  period  for which the refund claim is made. No interest shall
    50  be payable for any refund paid pursuant to this paragraph.   However,  a
    51  deposit  initiator who initiates deposits on beverage containers that do
    52  not have a universal product code and label design  that  is  unique  to
    53  this  state  or used only in this state and any other states that have a
    54  law substantially similar to this title  shall  not  be  entitled  to  a
    55  refund pursuant to this subdivision.

        S. 1508                            19                            A. 2008
 
     1    8.  The  commissioner  of taxation and finance may require the mainte-
     2  nance of such accounts, records or documents relating  to  the  sale  of
     3  beverage  containers,  by  any  deposit  initiator,  [bottler]  beverage
     4  manufacturer, distributor, dealer or redemption center as  such  commis-
     5  sioner may deem appropriate for the administration of this section. Such
     6  commissioner  may  make  examinations, including the conduct of facility
     7  inspections during regular business hours, with respect to the accounts,
     8  records or documents required to be maintained under  this  subdivision.
     9  Such  accounts, records and documents shall be preserved for a period of
    10  three  years,  except  that  such  commissioner  may  consent  to  their
    11  destruction  within that period or may require that they be kept longer.
    12  Such accounts, records and documents may be kept within the  meaning  of
    13  this  subdivision  when  reproduced  by  any  photographic, photostatic,
    14  microfilm, micro-card, miniature photographic  or  other  process  which
    15  actually reproduces the original accounts, records or documents.
    16    12. a. Each deposit initiator shall provide a report to the department
    17  describing  all  the  types of beverage containers on which it initiates
    18  deposits. The report shall include the product name, type  of  beverage,
    19  size  and composition of the beverage container, universal product code,
    20  the ways in which the deposit initiator attempts to prevent the  fraudu-
    21  lent  sale and redemption of brands of beverage containers it sells, and
    22  any other information the department may require. Upon request, a depos-
    23  it initiator shall also provide to the department a copy of the contain-
    24  er label or a picture of any beverage container sold or offered for sale
    25  in this state on which it initiates a deposit. Such information shall be
    26  provided in a form as prescribed by the department. The  department  may
    27  require that such forms be filed electronically.
    28    b. A [bottler] beverage manufacturer may place on a beverage container
    29  a  universal  product code or other distinctive marking that is specific
    30  to the state or used only in the state and any other  states  with  laws
    31  substantially similar to this title as a means of preventing the sale or
    32  redemption of beverage containers on which no deposit was initiated.
    33    c. A [bottler] beverage manufacturer or deposit initiator shall notify
    34  the  department,  in  a  form  prescribed  by the department, whenever a
    35  beverage container or beverage container label is  revised  by  altering
    36  the  universal  product  code,  or  whenever  the  container  on which a
    37  universal product code appears is changed in size, composition or  glass
    38  color, or whenever the container or container label on which a universal
    39  product code appears is changed to include a universal product code that
    40  is  unique  to  the state or used only in the state and any other states
    41  with laws substantially similar to this title.
    42    d. The department  may  require  the  maintenance  of  such  accounts,
    43  records  or  documents  relating  to the sale and redemption of beverage
    44  containers, by any deposit initiator,  beverage manufacturer,  distribu-
    45  tor,  dealer or redemption center as the department may deem appropriate
    46  for the administration of  this title. The department may make  examina-
    47  tions,  including   conducting facility inspections during regular busi-
    48  ness hours, with respect to the accounts, records or documents  required
    49  to  be  maintained  under  this subdivision. Such accounts, records  and
    50  documents shall be preserved for a period of three years,   except  that
    51  the  department  may  consent to their destruction within that period or
    52  may require that they be kept longer.  Such accounts, records and  docu-
    53  ments may be kept within the meaning of this subdivision when reproduced
    54  by  any  photographic,  photostatic,  microfilm,  micro-card,  miniature
    55  photographic or  other process which actually  reproduces  the  original
    56  accounts,  records or documents.

        S. 1508                            20                            A. 2008
 
     1    § 7. Section 27-1014 of the environmental conservation law, as amended
     2  by  section  10 of part SS of chapter 59 of the laws of 2009, is amended
     3  to read as follows:
     4  § 27-1014. Authority to promulgate rules and regulations.
     5    In  addition  to  the  authority  of  the commissioner, under sections
     6  27-1007, 27-1009, 27-1011, 27-1012,  and  27-1013  of  this  title,  the
     7  commissioner  shall  have  the power to promulgate rules and regulations
     8  necessary and appropriate for the administration of this  title  and  to
     9  prevent  the  fraudulent  sale,  labeling  and  redemption  of  beverage
    10  containers in New York state.
    11    § 8. Section 27-1015 of the environmental conservation law, as amended
    12  by section 8 of part F of chapter 58 of the laws of 2013 and subdivision
    13  5-a as added by section 9 of part F of chapter 58 of the laws  of  2013,
    14  is amended to read as follows:
    15  § 27-1015. Violations.
    16    1. Civil and administrative sanctions. a. Except as otherwise provided
    17  in this section and section 27-1012 of this title, any person who [shall
    18  violate]  violates  any  [provision]  of  the provisions of, or fails to
    19  perform a duty imposed by this title, or any rule or regulation  promul-
    20  gated  pursuant thereto, or any term or condition of any registration or
    21  permit issued pursuant thereto, or any final determination or  order  of
    22  the  commissioner  made  pursuant  to this title shall be liable [to the
    23  state of New York] for a civil penalty of not  more  than  five  hundred
    24  dollars  for each violation, and an additional civil penalty of not more
    25  than five hundred dollars for each day during which each such  violation
    26  continues. Any civil penalty may be assessed by the commissioner follow-
    27  ing  a  hearing or opportunity to be heard or by the court in any action
    28  or proceeding pursuant to section 71-2727 of this chapter. In  addition,
    29  such  person  may  by  similar  process be enjoined from continuing such
    30  violation and any  permit or registration issued to such person  may  be
    31  revoked or suspended or a pending renewal application denied.
    32    [2.]  b.  [Any] In addition to any penalties imposed by the department
    33  of taxation and finance as provided in section 27-1012  of  this  title,
    34  any  distributor,  deposit  initiator,  redemption  center or dealer who
    35  violates any provision of this title, [except  as  provided  in  section
    36  27-1012  of  this  title,]  or  fails  to perform a duty imposed by this
    37  title, or any rule or regulation promulgated pursuant  thereto,  or  any
    38  term or condition of any registration or permit issued pursuant thereto,
    39  or any final determination or order of the commissioner made pursuant to
    40  this title shall be liable [to the state of New York] for a civil penal-
    41  ty  of  not  more  than  one thousand dollars for each violation, and an
    42  additional civil penalty of not more than one thousand dollars for  each
    43  day during which each such violation continues. Any civil penalty may be
    44  assessed following a hearing or opportunity to be heard, or by the court
    45  in any action or proceeding pursuant to section 71-2727 of this chapter.
    46  In  addition, such deposit initiator or distributor may by similar proc-
    47  ess be enjoined from continuing such violation and any permit or  regis-
    48  tration  issued  to such person may be revoked or suspended or a pending
    49  renewal application denied.
    50    2. Criminal sanctions. a. Any person who, having any of  the  culpable
    51  mental  states  defined  in section 15.05 of the penal law, violates any
    52  provision of or who fails to perform any duty imposed by this title,  or
    53  any rule or regulation promulgated pursuant thereto, or any final deter-
    54  mination  or order of the commissioner made pursuant to this title shall
    55  be guilty of a violation and, upon conviction, shall be  punished  by  a
    56  fine  of not more than five hundred dollars for each violation; each day

        S. 1508                            21                            A. 2008
 
     1  on which such violation occurs shall constitute  a  separate  violation;
     2  and   for  each  such  violation  the  person  shall  be  subject,  upon
     3  conviction, to imprisonment for not more than fifteen days or to a  fine
     4  of not more than five hundred dollars, or to both imprisonment and fine.
     5    b.  In addition to any penalties imposed by the department of taxation
     6  and finance as provided in section 27-1012 of this title, any  distribu-
     7  tor  or  deposit initiator who, having any of the culpable mental states
     8  defined in section 15.05 of the penal law, violates any provision of  or
     9  who  fails  to  perform  any  duty imposed by this title, or any rule or
    10  regulation promulgated pursuant thereto, or any final  determination  or
    11  order of the commissioner made pursuant to this title shall be guilty of
    12  a  violation  and,  upon  conviction, shall be punished by a fine of not
    13  more than one thousand dollars for each violation;  each  day  on  which
    14  such  violation  occurs  shall  constitute a separate violation; and for
    15  each such violation the person shall be  subject,  upon  conviction,  to
    16  imprisonment  for  not  more  than fifteen days or to a fine of not more
    17  than one thousand dollars, or to both such imprisonment and such fine.
    18    [3.] c. It shall be unlawful for [a distributor or deposit  initiator]
    19  any person, acting alone or aided by another, to return any empty bever-
    20  age container to a dealer [or], redemption center, distributor or depos-
    21  it  initiator  for  its  refund  value if [the] a distributor or deposit
    22  initiator had previously accepted such beverage container from any deal-
    23  er or operator of a redemption center or if such container was previous-
    24  ly accepted by a reverse vending machine. A violation of this  [subdivi-
    25  sion]  paragraph shall be a misdemeanor punishable by a fine of not less
    26  than five hundred dollars nor more than  one  thousand  dollars  and  an
    27  amount  equal  to  two times the amount of money received as a result of
    28  such violation, or imprisonment for not more than one year, or  to  both
    29  such imprisonment and such fines.
    30    d. In addition to any other penalty provided by this title, any person
    31  who violates subdivision twelve of section 27-1007 of this title, or any
    32  rule  or  regulation promulgated pursuant thereto, or any final determi-
    33  nation or order of the commissioner made pursuant to this title shall be
    34  guilty of a misdemeanor and, upon conviction, shall  be  punished  by  a
    35  fine  of  not more than one thousand dollars per day of violation, or by
    36  imprisonment for not more than one year, or by both such fine and impri-
    37  sonment.
    38    e. In addition to any other penalty provided by this title, any  deal-
    39  er,  distributor  or  deposit  initiator, who knowingly or intentionally
    40  violates any provision of or who fails to perform any  duty  imposed  by
    41  section  27-1005  or  27-1012  of  this title, or any rule or regulation
    42  promulgated pursuant thereto, or any final determination or order of the
    43  commissioner made pursuant to this title shall be guilty of a  misdemea-
    44  nor  and,  upon conviction, shall be punished by a fine of not more than
    45  one thousand dollars per day of violation, or by  imprisonment  for  not
    46  more than one year, or by both such fine and imprisonment.
    47    3. Any product sold or distributed in the state that is not in compli-
    48  ance  with  the  deposit initiator registration or the labeling require-
    49  ments established in this title may be removed from sale by the  depart-
    50  ment and the attorney general.
    51    4.  Any  person  who  [willfully]  tenders  to  a dealer, distributor,
    52  redemption center or  deposit  initiator  more  than  forty-eight  empty
    53  beverage  containers  for  which  such person knows or should reasonably
    54  know that no deposit was paid in New York state may be assessed [by  the
    55  department]  a  civil  penalty  of  up  to  one hundred dollars for each
    56  container or up to twenty-five thousand dollars for each such tender  of

        S. 1508                            22                            A. 2008
 
     1  containers.  At  each  location  where  a  person tenders containers for
     2  redemption, dealers and redemption centers must conspicuously display  a
     3  sign  in letters that are at least one inch in height with the following
     4  information:  "WARNING:   Persons tendering for redemption containers on
     5  which a deposit was never paid in this state may be subject to  a  civil
     6  penalty  of up to one hundred dollars per container or up to twenty-five
     7  thousand dollars for each such tender of containers." Any civil  penalty
     8  may  be  assessed by the commissioner following a hearing or opportunity
     9  to be heard, or by the court in any action  or  proceeding  pursuant  to
    10  section 71-2727 of this chapter. In addition, such person may by similar
    11  process  be  enjoined  from  continuing such violation and any permit or
    12  registration issued to such person may be  revoked  or  suspended  or  a
    13  pending renewal application denied.
    14    5.  a.  The department, the department of agriculture and markets, the
    15  department of taxation and finance and the attorney general  are  hereby
    16  authorized  to  enforce  the  provisions  of  this  title and all monies
    17  collected  shall  be  deposited  to  the  credit  of  the  environmental
    18  protection  fund  established  pursuant  to  section ninety-two-s of the
    19  state finance law. In addition, the provisions  of  section  27-1005  of
    20  this  title and subdivisions one, two, three, four, five, ten and eleven
    21  of section 27-1007 of this title may be enforced by a county, city, town
    22  or village and the local legislative body thereof may adopt local  laws,
    23  ordinances  or  regulations consistent with this title providing for the
    24  enforcement of such provisions.
    25    b. In addition, without limiting the rights of the department, or  any
    26  person,  firm  or  corporation  under  this  subdivision  or  any  other
    27  provision of this section, a dealer, owner or operator of  a  redemption
    28  center,  distributor,  or  deposit initiator shall have a civil right of
    29  action to enforce the provisions of section 27-1009 of  this  title  and
    30  subdivisions  four,  five,  six,  and  eight  of section 27-1007 of this
    31  title.
    32    5-a. The [city of New York, Nassau county and Suffolk  county]  county
    33  district  attorney offices of all counties in this state are entitled to
    34  retain [twenty-five] fifty percent of all monies collected as  criminal,
    35  civil,  and administrative fines or penalties pursuant to enforcement of
    36  section 27-1005 of this chapter.
    37    6. (a) Any person who willfully violates or directs another to violate
    38  the requirements to collect  or  charge  the  refund  value  imposed  by
    39  section 27-1005 or paragraph a of subdivision nine of section 27-1012 of
    40  this  title  on five thousand or more beverage containers in one or more
    41  separate transactions within one year shall  be  guilty  of  a  class  B
    42  misdemeanor.
    43    (b)  Any  person,  having  previously been convicted of a violation of
    44  paragraph (a) of this section within the past three years, who willfully
    45  violates or directs another to violate the requirements  to  collect  or
    46  charge  the  refund  value  imposed by section 27-1005 or paragraph a of
    47  subdivision nine of section 27-1012 of this title on  five  thousand  or
    48  more beverage containers in one or more separate transactions within one
    49  year shall be guilty of a class A misdemeanor.
    50    (c)  Any  person  who willfully violates or directs another to violate
    51  the requirements to collect  or  charge  the  refund  value  imposed  by
    52  section 27-1005 or paragraph a of subdivision nine of section 27-1012 of
    53  this title on twenty thousand or more beverage containers in one or more
    54  separate transactions within one year shall be guilty of a class E felo-
    55  ny.

        S. 1508                            23                            A. 2008
 
     1    Nothing in this subdivision shall apply to common or contract carriers
     2  or  warehousemen  while engaged in lawfully transporting or storing such
     3  containers as merchandise, nor to any employee of such carrier or  ware-
     4  houseman  acting  within  the scope of his or her employment.  The above
     5  notwithstanding,  if a person is observed selling, offering for sale, or
     6  otherwise  distributing  for  compensation  containers,  of  which   the
     7  requirements  to  collect  or charge the refund value imposed by section
     8  27-1005 or paragraph a of subdivision nine of section 27-1012  have  not
     9  been  complied  with,  it  shall  be  presumptive evidence that all such
    10  containers in such person's possession are  considered  being  possessed
    11  with  the  intent  to sell in New York state. It shall be an affirmative
    12  defense to the above presumptive evidence  clause  that  containers,  as
    13  described  above, are not being possessed with the intent to sell in New
    14  York state, as  long  as  the  entity  maintains  with  the  containers,
    15  invoices, purchase orders, or other verifiable business records accepta-
    16  ble  to  the  department, which clearly document that the containers are
    17  intended for sale to customers outside of New York state.
    18    7. A violation of this title, except as  otherwise  provided  in  this
    19  section and section 27-1012 of this title, shall be a public nuisance.
    20    8. All officers and employees, designated by the commissioner, and all
    21  police  officers  shall  have power to seize as evidence without warrant
    22  any beverage container, whether full or empty, and any container includ-
    23  ing motor vehicles containing such containers, whenever they have  cause
    24  to  believe  it  is  possessed or transported in violation of law, or it
    25  bears evidence of illegal sale or redemption,  or  it  is  possessed  or
    26  transported  under circumstances making the possession or transportation
    27  presumptive evidence of illegal sale or redemption.
    28    9. If the defendant is held liable or found guilty in any prosecution,
    29  civil or criminal, for a violation involving the illegal sale or  intent
    30  to  sell  beverages  requiring  a  deposit  or the illegal redemption of
    31  returnable beverage containers in violation of any  provisions  of  this
    32  title, or if the defendant shall effect a civil compromise of any action
    33  or  cause of action in favor of the state arising out of such violation,
    34  the defendant's interest in any and all beverages, beverage  containers,
    35  whether  full  or empty, and any vehicle or other conveyance used during
    36  the commission of the violation of such provisions shall be forfeited to
    37  the state.
    38    § 9. Section 12 of part F of chapter 58 of the laws of  2013  amending
    39  the environmental conservation law and the state finance law relating to
    40  the "Cleaner, Greener NY Act of 2013", as amended by section 2-b of part
    41  JJ of chapter 58 of the laws of 2017, is amended to read as follows:
    42    §  12.  This  act shall take effect immediately and shall be deemed to
    43  have been in full force and effect on and after April 1, 2013; provided,
    44  however, that the amendments to subdivision 5-a of  section  27-1015  of
    45  the  environmental  conservation  law,  as added by section nine of this
    46  act, shall expire and be deemed repealed on April 1, [2019] 2021.
    47    § 10. This act shall take effect on the sixtieth day  after  it  shall
    48  have become a law, provided, however, that section one of this act shall
    49  take  effect on April 1, 2020, and provided further that section nine of
    50  this act shall take effect immediately and shall be deemed to have  been
    51  in  full  force  and  effect  on  and  after April 1, 2019; and provided
    52  further that the amendments to subdivision 5-a of section 27-1015 of the
    53  environmental conservation law made by section eight of this  act  shall
    54  not  affect  the repeal of such subdivision and shall be deemed repealed
    55  therewith.

        S. 1508                            24                            A. 2008
 
     1                                   PART G
 
     2    Section  1.  The environmental conservation law is amended by adding a
     3  new section 3-0321 to read as follows:
     4  § 3-0321. Conditional gifts, donations, capital improvements.
     5    1. Notwithstanding the provisions of the state  finance  law,  or  any
     6  other state law to the contrary, and subject to approval of the director
     7  of  the  budget,  the commissioner is authorized to accept a conditional
     8  grant, gift, devise or bequest, either  absolutely  or  in  trust,  from
     9  persons  and  entities  for the maintenance of any educational or recre-
    10  ational facilities or for programs that promote the  use or  stewardship
    11  of  department owned lands; establish a special fund or funds consisting
    12  of monies so acquired and administer such fund or funds; and expend such
    13  monies in accordance with the  terms  and  conditions  of  such  grants,
    14  gifts, devises or bequests.
    15    2.  Notwithstanding  the  provisions  of the state finance law, or any
    16  other state law to the contrary, the commissioner is authorized to:
    17    (a) receive, hold and administer  personal  property  and  any  income
    18  thereof,  acquired  by grant, gift, devise or bequest, either absolutely
    19  or in trust, for the maintenance  of  any  educational  or  recreational
    20  facilities  or  for  programs  that  promote  the  use or stewardship of
    21  department owned lands; establish a special fund or funds consisting  of
    22  monies  so  acquired  and administer such fund or funds; and expend such
    23  monies;
    24    (b) enter into contracts or other agreements with private philanthrop-
    25  ic interests or not-for-profit corporations to provide, either in  whole
    26  or in part, maintenance of any educational or recreational facilities or
    27  programs  that  promote the use or stewardship of department owned lands
    28  and authorize the use of department owned facilities or lands  for  such
    29  private   philanthropic  interests  or  not-for-profit  corporations  to
    30  conduct fund-raising activities for the support of such  educational  or
    31  recreational facilities or programs;
    32    (c)  enter  into  cooperative agreements in furtherance of the depart-
    33  ment's mission with persons or entities to promote outdoor  recreational
    34  activities  and provide use of outdoor recreational equipment and oppor-
    35  tunities for the public benefit on department owned lands; and
    36    (d) seek investment from private philanthropic  interest  or  not-for-
    37  profit corporations for capital improvements at department owned facili-
    38  ties.
    39    3.  The  commissioner  shall  not  accept  any  grant, gift, devise or
    40  bequest from or enter into any contract or agreement authorized pursuant
    41  to subdivision one of this section with persons or entities:
    42    (a) named in a pending lawsuit by or against the department;
    43    (b) under investigation by the department;
    44    (c) with a permit or license application pending  before  the  depart-
    45  ment;
    46    (d)  engaged  in settlement negotiations with the department regarding
    47  any civil, criminal or administrative matter; or
    48    (e) subject to a consent order issued by the department.
    49    § 2. This act shall take effect immediately.
 
    50                                   PART H
 
    51    Section 1. Subdivisions 4 and 6 of section  27-2701  of  the  environ-
    52  mental  conservation  law,  as added by chapter 641 of the laws of 2008,
    53  are amended and a new subdivision 8 is added to read as follows:

        S. 1508                            25                            A. 2008
 
     1    4. "Plastic carryout bag" means [a plastic carryout] any film  plastic
     2  bag  provided  [by  a  store] to a customer [at the point of sale] to be
     3  used by the customer to carry tangible personal property, regardless  of
     4  whether any tangible personal property or service is sold to the custom-
     5  er,  and regardless of whether any tangible personal property or service
     6  sold is exempt from tax under article twenty-eight of the tax law.
     7    6. "Store" means a retail establishment that provides plastic or paper
     8  carryout bags to its customers as a result of the sale of a product  and
     9  (a)  has  over  ten  thousand  square  feet of retail space, or (b) such
    10  retail establishment is part of a chain  engaged  in  the  same  general
    11  field  of  business which operates five or more units of over five thou-
    12  sand square feet of retail space in this state  under  common  ownership
    13  and management.
    14    8. "Paper carryout bag" means a paper bag provided to a customer to be
    15  used  by the customer to carry tangible personal property, regardless of
    16  whether any tangible personal property or service is sold to the custom-
    17  er, and regardless of whether any tangible personal property or  service
    18  sold is exempt from tax under article twenty-eight of the tax law.
    19    §  2.  Section 27-2705 of the environmental conservation law, as added
    20  by chapter 641 of the laws of 2008  and  subdivisions  2,  3  and  4  as
    21  amended  by  chapter  481  of  the  laws  of 2014, is amended to read as
    22  follows:
    23  § 27-2705. Recycling program requirements.
    24    An at-store recycling program provided by  the  operator  of  a  store
    25  shall require:
    26    1.  [a  plastic  carryout bag provided by the store to have printed or
    27  displayed on the bag, in a manner  visible  to  a  consumer,  the  words
    28  "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
    29  er,  such store shall be allowed for one year from the effective date of
    30  this subdivision to use its existing stock of plastic carryout  bags.  A
    31  store  may also apply to the commissioner for approval of an alternative
    32  plastic bag recycling message. The commissioner shall approve or  reject
    33  the proposed message within forty-five days;
    34    2.] a collection bin that is visible, easily accessible to the consum-
    35  er,  and  clearly  marked  that  the collection bin is available for the
    36  purpose of collecting and recycling plastic carryout bags and film plas-
    37  tic. This subdivision shall apply to stores not within an enclosed shop-
    38  ping mall and stores of at least fifty thousand square  feet  within  an
    39  enclosed  shopping  mall.  In the case of an enclosed shopping mall, the
    40  owner of the enclosed mall shall  place  bins  at  reasonable  intervals
    41  throughout the enclosed mall area;
    42    [3]  2.  all  plastic  carryout bags and film plastic collected by the
    43  store to be collected, transported and recycled  along  with  any  other
    44  in-store  plastic recycling, except for plastic bags that are not suffi-
    45  ciently free of foreign material to enter the recycling stream.  Plastic
    46  carryout bags and film plastic collected by the store or the manufactur-
    47  er,  which are free of foreign material, shall not be disposed of in any
    48  solid waste disposal facility permitted or authorized pursuant to  title
    49  seven of this article;
    50    [4]  3.  the  store  or  its agent to maintain, for a minimum of three
    51  years, records describing the collection,  transport  and  recycling  of
    52  plastic  carryout  bags  and  film plastic collected by weight, provided
    53  however that stores or its agents may weigh such bags, film plastic  and
    54  any  other  in-store  plastic recycling at a regional collection center.
    55  Such records shall be made available to the department upon request,  to
    56  demonstrate compliance with this title; and

        S. 1508                            26                            A. 2008
 
     1    [5]  4.  the operator of the store to (a) make reusable bags available
     2  to customers within the store for purchase, and (b) permit  a  reuseable
     3  bag to be used in lieu of a plastic carryout bag or paper bag.
     4    §  3.  The  environmental  conservation law is amended by adding a new
     5  section 27-2708 to read as follows:
     6  § 27-2708. Plastic carryout bag prohibition.
     7    1. Beginning March  first,  two  thousand  twenty,  providing  plastic
     8  carryout bags to customers is prohibited except as otherwise provided by
     9  the department pursuant to regulations.
    10    2. This prohibition shall not apply to (a) plastic bags used solely to
    11  contain  or  wrap uncooked meat, fish, or poultry; (b) plastic bags used
    12  by a customer solely to package bulk items, such as fruits,  vegetables,
    13  nuts,  grains,  or  candy;  (c) plastic bags used solely to contain food
    14  sliced to order; (d) plastic bags used solely to contain a newspaper for
    15  delivery to a subscriber; (e) plastic bags sold  in  bulk;  (f)  plastic
    16  bags prepackaged for sale to a customer including, but not limited to, a
    17  trash  bag and a food storage bag; (g) plastic garment bags; (h) plastic
    18  bags provided by a restaurant, tavern or similar food service establish-
    19  ment, as defined in the state sanitary code, to  carry  out  or  deliver
    20  food; or (i) any other bag exempted by the department in regulations.
    21    § 4. Section 27-2713 of the environmental conservation law, as amended
    22  by chapter 481 of the laws of 2014, is amended to read as follows:
    23  § 27-2713. Preemption.
    24    Jurisdiction  in  all  matters  pertaining  to plastic bag [and], film
    25  plastic recycling, and fees or other measures associated  with  reducing
    26  the  use of single use bags is by this article vested exclusively in the
    27  state. Any provision of any local law or ordinance, or any rule or regu-
    28  lation promulgated thereto, governing the recycling of plastic bags  and
    29  film  plastic and fees or other measures associated with single use bags
    30  shall, upon the effective date of this title, be  preempted.    Provided
    31  however, nothing in this section shall preclude a person from coordinat-
    32  ing  for recycling or reuse the collection of plastic bags or film plas-
    33  tic and provided further that nothing in this section shall preclude any
    34  local law or ordinance, or any rule or regulation  promulgated  thereto,
    35  governing the establishment of fees on paper carryout bags.
    36    § 5. This act shall take effect immediately.
 
    37                                   PART I
 
    38    Section  1.  Paragraphs a and b of subdivision 1 of section 23-1101 of
    39  the environmental conservation law, as added by chapter 722 of the  laws
    40  of 1977, are amended to read as follows:
    41    a.  The  exploration, development and production of gas in state-owned
    42  lands, except state park lands,  the  marine  and  coastal  district  as
    43  defined  in  section  13-0103  of  this chapter, and the lands under the
    44  waters of Lake Ontario or along its shoreline; and
    45    b. The exploration, development and production of oil  in  state-owned
    46  lands,  except  state  park  lands,  the  marine and coastal district as
    47  defined in section 13-0103 of this chapter,  and  the  lands  under  the
    48  waters of Lake Erie and Lake Ontario or along their shorelines.
    49    §  2.  The  environmental  conservation law is amended by adding a new
    50  section 23-1105 to read as follows:
    51  § 23-1105. Prohibition  on  state  authorizations  related  to  oil  and
    52               natural gas production in federal waters.
    53    1.  Neither  the  department  nor the office of general services shall
    54  enter into any new lease or other  conveyance,  or  lease  modification,

        S. 1508                            27                            A. 2008
 
     1  that  authorizes  or  enables  the  installation of pipelines or support
     2  facilities or infrastructure  directly  or  indirectly  associated  with
     3  exploration,  development or production of oil or natural gas located in
     4  the north Atlantic planning area.
     5    2.  For  the  purposes of this section, the following terms shall have
     6  the following meanings:
     7    a. "Development" means those activities  taking  place  following  the
     8  discovery  of  commercially producible quantities of oil or natural gas,
     9  including, platform construction, pipeline construction,  and  operation
    10  of all onshore support facilities that are performed for the purposes of
    11  ultimately producing oil or natural gas.
    12    b.  "Exploration" means any activity associated with the search of oil
    13  or natural gas, including geophysical tests or the drilling  of  strati-
    14  graphic wells.
    15    c.  "Federal  waters"  means  those  waters  and submerged lands lying
    16  seaward to the state waters of New York that  appertain  to  the  United
    17  States and are subject to federal jurisdiction and control.
    18    d.  "North  Atlantic planning area" means an area of federal waters in
    19  the outer continental shelf totaling ninety-two  million  three  hundred
    20  twenty thousand acres adjacent to the coastal waters of Maine, New Hamp-
    21  shire,  Massachusetts,  Rhode  Island,  Connecticut,  New  York, and New
    22  Jersey.
    23    e. "Production" means those activities that take place  following  the
    24  successful  completion  of  a well or field necessary for the removal of
    25  oil or natural gas including field operations, transfer of resources  to
    26  shore, operation, monitoring, maintenance, and workover drilling.
    27    3.  The  department  is  authorized  to establish such rules and regu-
    28  lations as it shall deem necessary to implement this section.
    29    § 3. Section 80 of the transportation corporations law is  amended  to
    30  read as follows:
    31    §  80.  [Definition]  Definitions.    1.  A pipe line corporation is a
    32  corporation organized to construct and operate for  public  use,  wholly
    33  within  or  partly  without  this state, except in the city of New York,
    34  lines of pipe for conveying  or  transporting  therein  petroleum,  gas,
    35  liquids  or  any products or property, or, except in such city, to main-
    36  tain and operate for public use for which such purposes  lines  of  pipe
    37  already constructed.
    38    2.  For the purposes of this article, the terms "exploration", "devel-
    39  opment", "production", "federal waters", and  "north  Atlantic  planning
    40  area"  shall  be  defined  as  in  section  23-1105 of the environmental
    41  conservation law.
    42    § 4. Section 83 of the transportation corporations law is  amended  to
    43  read as follows:
    44    §  83.  Condemnation  of  real  property.  In case such corporation is
    45  unable to agree for the purchase of any real property required  for  the
    46  purposes of its incorporation, and its route in the county in which such
    47  real  property  is  situated has been finally located, it shall have the
    48  right to acquire title thereto by  condemnation,  but  such  corporation
    49  shall  not  locate  its  route  or construct any line of pipe through or
    50  under any building, dooryard, lawn, garden or  orchard,  except  by  the
    51  consent  of  the owner thereof in writing duly acknowledged, nor through
    52  any cemetery or burial ground, nor within one hundred feet of any build-
    53  ing except where such line is authorized by public officers to  be  laid
    54  across  or upon any public highway, and shall not install pipelines that
    55  support facilities or infrastructure associated with exploration, devel-
    56  opment, or production of oil or natural gas in federal waters located in

        S. 1508                            28                            A. 2008
 
     1  the north Atlantic planning area.   No such  corporation  shall  lay  or
     2  construct its line of pipe through or under a street in any city, unless
     3  it shall first obtain the consent of a majority of the owners of proper-
     4  ty  abutting  on that portion of the street in which its pipe line is to
     5  be laid. Such pipe line shall be laid with reasonable care and prudence.
     6    § 5. Section 89 of the transportation corporations law, as amended  by
     7  chapter 60 of the laws of 1962, is amended to read as follows:
     8    §  89.  Over  state  lands. The commissioner of general services shall
     9  have power to grant to any pipe line corporation any lands belonging  to
    10  the  people  of this state which may be required for the purposes of its
    11  incorporation on such terms as may be agreed, or  such  corporation  may
    12  acquire  title  thereto  by condemnation, except that no corporation may
    13  condemn any lands for the purposes of the installation of  pipelines  or
    14  support facilities or infrastructure associated with exploration, devel-
    15  opment,  or production of oil or natural gas in the north Atlantic plan-
    16  ning area, and further excepting  that  no  pipe  line  corporation  may
    17  condemn  any canal lands abandoned pursuant to the provisions of article
    18  four of the public lands law[, constituting chapter fifty of the laws of
    19  nineteen hundred nine, as amended,] until after they have been sold  and
    20  conveyed  in  the  manner provided by the public lands law. If any lands
    21  owned by any county, city or town be required by  such  corporation  for
    22  such  purposes,  the county, city or town officers having charge of such
    23  lands may grant them to the  corporation  upon  terms  and  compensation
    24  agreed upon.
    25    §  6.  Section  70  of  the  navigation law is amended by adding a new
    26  subdivision 3 to read as follows:
    27    3. No petroleum-bearing vessel transporting crude oil produced in  the
    28  north Atlantic planning area may enter or move upon the navigable waters
    29  of  the state or any tidewaters bordering on or lying within the bounda-
    30  ries of Nassau and Suffolk counties. For purposes of  this  subdivision,
    31  "north Atlantic planning area" shall be defined as in section 23-1105 of
    32  the environmental conservation law.
    33    §  7.  Section  174  of  the navigation law is amended by adding a new
    34  subdivision 12 to read as follows:
    35    12. (a) The department is prohibited  from  issuing  or  renewing  any
    36  license  for  any  major  facility  storing  or  transferring  petroleum
    37  produced in the navigable waters of the state or any tidewaters  border-
    38  ing on and lying within the boundaries of Nassau and Suffolk counties.
    39    (b)  The department is prohibited from issuing or renewing any license
    40  for any major facility intended to transfer or store crude oil from  any
    41  vessel  which  holds  petroleum  transported directly from any pipeline,
    42  support facility, or infrastructure associated with  the  production  of
    43  crude  oil  from  the north Atlantic planning area. For purposes of this
    44  subdivision, "development", "federal waters", "north  Atlantic  planning
    45  area"  and  "production"  shall  be defined as in section 23-1105 of the
    46  environmental conservation law.
    47    § 8.  Severability clause. If any clause, sentence, paragraph,  subdi-
    48  vision,  section  or  part of this act shall be adjudged by any court of
    49  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    50  impair,  or  invalidate  the remainder thereof, but shall be confined in
    51  its operation to the clause, sentence, paragraph,  subdivision,  section
    52  or  part  thereof  directly  involved  in  the controversy in which such
    53  judgement shall have been rendered. It is hereby declared to be  in  the
    54  intent  of the legislature that this act would have been enacted even if
    55  such invalid provisions had not been included herein.
    56    § 9. This act shall take effect immediately.

        S. 1508                            29                            A. 2008
 
     1                                   PART J
 
     2    Section  1.  Subdivisions  4  and 5 of section 24-0301 of the environ-
     3  mental conservation law, as amended by chapter 16 of the laws  of  2010,
     4  are amended to read as follows:
     5    4.  Upon  completion  of  the  tentative freshwater wetlands map for a
     6  particular area, the commissioner or his or her designated hearing offi-
     7  cer shall hold a public hearing in that  area  in  order  to  afford  an
     8  opportunity  for  any person to propose additions or deletions from such
     9  map. The commissioner shall give notice of such hearing to each owner of
    10  record as shown on the latest completed tax assessment rolls,  of  lands
    11  designated  as  such wetlands as shown on said map and also to the chief
    12  administrative officer and clerk of each  local  government  within  the
    13  boundaries  of  which  any  such wetland or a portion thereof is located
    14  and, in the case of a tentative freshwater wetlands  map  for  any  area
    15  within the Adirondack park, to the Adirondack park agency, [by certified
    16  mail]  not  less than thirty days prior to the date set for such hearing
    17  and shall assure that a copy of the relevant map is available for public
    18  inspection at a convenient location in such local  government.  The  map
    19  filed with a local government may, at the local government's request, be
    20  either  a physical copy of the tentative freshwater wetlands map, or, if
    21  available, a digital file that represents  it.  The  commissioner  shall
    22  also  cause  notice  of  such hearing to be published at least once, not
    23  more than thirty days nor fewer than ten days before the  date  set  for
    24  such  hearing,  in at least two newspapers having general circulation in
    25  the area where such wetlands are located. The commissioner may  post  on
    26  the  department's  website a digital image that represents the tentative
    27  freshwater wetlands map.
    28    5. After considering the testimony given at such hearing and any other
    29  facts which may be deemed pertinent, after  considering  the  rights  of
    30  affected  property  owners and the ecological balance in accordance with
    31  the policy and purposes of this article, and, in the case of wetlands or
    32  portions thereof within the Adirondack park, after consulting  with  the
    33  Adirondack  park  agency, the commissioner shall promulgate by order the
    34  final freshwater wetlands map. Such order shall not be promulgated  less
    35  than  sixty  days  from  the date of the hearing required by subdivision
    36  four of this section. A copy of the order, together with a copy of  such
    37  map  or  relevant  portion  thereof  shall be filed in the office of the
    38  clerk of each local government in which each such wetland or  a  portion
    39  thereof  is  located  and,  in the case of a map for any area within the
    40  Adirondack park, with the Adirondack park agency. The map filed  with  a
    41  local  government  may,  at  the local government's request, be either a
    42  physical copy of the final freshwater wetlands map, or, if available,  a
    43  digital  file  that represents it. The commissioner shall simultaneously
    44  give notice of such order to each owner of lands, as shown on the latest
    45  completed tax assessment rolls, designated as such wetlands by mailing a
    46  copy of such order to such owner [by certified mail in any case where  a
    47  notice  by  certified  mail was not sent pursuant to subdivision four of
    48  this section, and in all other cases by first class mail].  The  commis-
    49  sioner  shall  also  give notice of such order at such time to the chief
    50  administrative officer of each local government within the boundaries of
    51  which any such wetland or a portion thereof is located. At the  time  of
    52  filing  with  such  clerk or clerks, the commissioner shall also cause a
    53  copy of such order to be published in at  least  two  newspapers  having
    54  general  circulation  in  the  area where such wetlands are located. The

        S. 1508                            30                            A. 2008
 
     1  commissioner may post on the department's website a digital  image  that
     2  represents the final freshwater wetlands map.
     3    §  2.  Subdivisions  3  and  4 of section 25-0201 of the environmental
     4  conservation law, as amended by chapter 598 of the  laws  of  1976,  are
     5  amended to read as follows:
     6    3.  Upon  completion  of a tentative tidal wetlands boundary map for a
     7  particular area, the commissioner or his or her designated hearing offi-
     8  cer shall hold a public hearing in order to afford  an  opportunity  for
     9  any  person to propose additions or deletions from such map. The commis-
    10  sioner shall give notice of such hearing to each owner of record of  all
    11  lands  designated as such wetland as shown on such maps, and also to the
    12  chief administrative officer of each municipality within whose  boundary
    13  any  such  wetland  or  portion  thereof is located[, by certified mail,
    14  return receipt requested,] not less than thirty days prior to  the  date
    15  set  for  such hearing. The commissioner shall also cause notice of such
    16  hearing to be published [at least once], not [more than thirty days nor]
    17  fewer than [ten] thirty days before the date set for such hearing, in at
    18  least two newspapers having a general circulation in the area where such
    19  wetlands are located.
    20    4. After considering the testimony given at such hearing and any other
    21  facts which may be deemed pertinent and after considering the rights  of
    22  affected  property  owners  and the policy and purposes of this act, the
    23  commissioner shall establish by order the  final  bounds  of  each  such
    24  wetland.  A copy of the order, together with a copy of the map depicting
    25  such final boundary lines, shall be filed in the office of the clerk  of
    26  the county in which each such wetland is located. The commissioner shall
    27  simultaneously  give  notice  of  such  order to each owner of all lands
    28  designated as such wetlands by mailing a copy  of  such  order  to  such
    29  owner.  The  commissioner  shall also simultaneously give notice of such
    30  order [by certified mail] to the chief administrative  officer  of  each
    31  municipality  within  whose boundary any such wetland or portion thereof
    32  is located. The commissioner shall also cause a copy of such order to be
    33  published in at least two newspapers having a general circulation in the
    34  area where such wetlands are located.
    35    § 3. This act shall take effect immediately.
 
    36                                   PART K
 
    37    Section 1.   Legislative intent. The  legislature  hereby  finds  that
    38  consumers in the state do not have ready access to information about the
    39  products they may use and the product ingredients they may be exposed to
    40  every day. While the state has taken steps to ban certain product ingre-
    41  dients  known  to  be  harmful to human health and the environment, more
    42  must be done to give consumers real time access  to  product  ingredient
    43  information  so  consumers  can  make  informed  decisions  about  which
    44  products to buy and use. Specifically, consumers should have  the  right
    45  to know if a product contains a carcinogen, mutagen or endocrine disrup-
    46  tors  and  other  chemicals  of  concern,  the  state, as trustee of its
    47  natural resources should have the means to identify substances which may
    48  be discharged to the environment.
    49    § 2. Subdivision 1 of section 35-0103 of the  environmental  conserva-
    50  tion law is amended to read as follows:
    51    1.  "[Household  cleansing]  Cleansing  product"  means  any  product,
    52  including but not limited to soaps and detergents, containing a  surfac-
    53  tant  as  a  wetting  or  dirt  emulsifying agent and used primarily for
    54  domestic [or], commercial, or industrial  cleaning  purposes,  including

        S. 1508                            31                            A. 2008
 
     1  but  not limited to, the cleansing of fabrics, dishes, food utensils and
     2  household and commercial premises. [Household cleansing] Cleansing prod-
     3  uct shall not mean foods, drugs, cosmetics, insecticides, fungicides and
     4  rodenticides or cleansing products used primarily in industrial manufac-
     5  turing,  production  and assembling processes as provided by the commis-
     6  sioner by rule and regulation.
     7    § 3. Section 35-0107 of the environmental conservation law is  amended
     8  to read as follows:
     9  § 35-0107. Powers and duties of commissioner.
    10    1.  The  commissioner  is  hereby authorized to promulgate regulations
    11  requiring manufacturers of [household] cleansing  products  distributed,
    12  sold  or  offered for sale in this state, to furnish to the commissioner
    13  for the public record as  herein  provided  information  regarding  such
    14  products  in  a form prescribed by the commissioner including the nature
    15  and extent of investigations and research performed by the  manufacturer
    16  concerning the effects of such products on human health and the environ-
    17  ment.  These  reports shall be available to the public at the department
    18  of environmental conservation, except those  portions  the  manufacturer
    19  determines,  subject  to  the approval of the commissioner, would be, if
    20  disclosed, seriously prejudicial to the manufacturer's legitimate inter-
    21  est in trade secrets and economics of operation.
    22    2. [No later than February 1, 1973 the commissioner shall prepare  and
    23  submit  a  comprehensive  report  to the governor and legislature on the
    24  status of progress made in research and development to  provide  a  safe
    25  and effective substitute for phosphates in household cleansing products.
    26    3.]  Whenever  the  commissioner  finds, after investigation, that any
    27  ingredient of [household] cleansing products distributed, sold,  offered
    28  or  exposed  for  sale in this state, other than an ingredient for which
    29  limitations are set forth in subdivision 2 of section 35-0105,  will  or
    30  is  likely  to  materially affect adversely human health or the environ-
    31  ment, he may, after public hearing, restrict or limit by regulation  the
    32  use of such ingredient in such products.
    33    §  4.  Article  37 of the environmental conservation law is amended by
    34  adding a new title 9 to read as follows:
    35                                   TITLE 9
    36                         CONSUMER PRODUCT DISCLOSURE
    37  Section 37-0901. Short title.
    38          37-0903. Definitions.
    39          37-0905. Product labeling.
    40          37-0907. Chemical disclosure.
    41          37-0909. Public education.
    42          37-0911. Rules and regulations.
    43          37-0913. Enforcement.
    44          37-0915. Severability.
    45  § 37-0901. Short title.
    46    This title shall be known and may be cited as the  "consumer  chemical
    47  awareness act".
    48  § 37-0903. Definitions.
    49    As used in this title, the following terms shall mean:
    50    1.  "Consumer product" means any product sold or offered in the state,
    51  including but not limited  to  (a)  cleansing  products  as  defined  by
    52  section  35-0103  of  this chapter; (b) any product intended for use, or
    53  that may be reasonably expected to be used, by children; (c)  any  other
    54  such  product  that  could,  through  normal use, expose the user to any
    55  carcinogen, mutagen, endocrine disruptor or other chemicals  of  concern
    56  identified by the department.

        S. 1508                            32                            A. 2008
 
     1    2.  "Manufacturer"  means  any person, firm, association, partnership,
     2  limited liability company, corporation, governmental  entity,  organiza-
     3  tion,  combination  or joint venture which is the last entity to produce
     4  or assemble a consumer product or, in the case of an  imported  consumer
     5  product, the importer or domestic distributor of such product.
     6    3. "Retailer" means any person, firm, association, partnership, limit-
     7  ed  liability  company,  corporation, governmental entity, organization,
     8  combination or  joint  venture  which  sells  or  otherwise  distributes
     9  consumer  products  to  consumers  or  to any other person for any other
    10  purpose other than resale.
    11  § 37-0905. Product labeling.
    12    Except where prohibited by federal law, the department,  in  consulta-
    13  tion  with  the  department of health and department of state, is hereby
    14  authorized to establish standards governing  the  labeling  of  consumer
    15  products  identified  by  the  department  in  regulations which informs
    16  consumers of the ingredients of such products including any  carcinogen,
    17  mutagen, endocrine disrupter or other chemicals of concern identified by
    18  the department.
    19  § 37-0907. Chemical disclosure.
    20    The  commissioner  is  hereby  authorized  to require manufacturers of
    21  consumer products distributed, sold or offered for sale in  this  state,
    22  to  furnish to the commissioner for the public record as herein provided
    23  information regarding such products in a form prescribed by the  commis-
    24  sioner  including  the  nature and extent of investigations and research
    25  performed by the manufacturer concerning the effects of such products on
    26  human health and the environment. These reports shall  be  available  to
    27  the  public  at  the  department, except those portions the manufacturer
    28  determines, subject to the approval of the commissioner,  would  be,  if
    29  disclosed, seriously prejudicial to the manufacturer's legitimate inter-
    30  est in trade secrets and economics of operation.
    31  § 37-0909. Public education.
    32    The commissioner shall establish a public education program to dissem-
    33  inate  information regarding implementation of this title. Such informa-
    34  tion may include, but not be limited  to,  publication  of  the  website
    35  maintained  by  the  state  where  information  required to be disclosed
    36  pursuant to this title is maintained; publication  of  a  manufacturer's
    37  website  where  disclosure  pursuant  to this title is effectuated; and,
    38  requirements for retailers to post information in a conspicuous location
    39  for the benefit of consumers.
    40  § 37-0911. Rules and regulations.
    41    1. The department is authorized to promulgate  such  rules  and  regu-
    42  lations  as  it  shall  deem  necessary  to implement provisions of this
    43  title, and shall designate in such rules specific consumer products  and
    44  chemicals  of  concern that trigger the labeling and disclosure require-
    45  ments of this title taking into account factors such as levels of  expo-
    46  sure and the feasibility of requiring labeling for such products.
    47    2.  Any  regulations  promulgated  pursuant to section 37-0905 of this
    48  title shall specify the content of such label and shall  at  a  minimum,
    49  direct consumers to where they can find additional information about the
    50  product and its ingredients.
    51  § 37-0913. Enforcement.
    52    1.  Any  person  who violates any of the provisions of or who fails to
    53  perform any duty imposed by this title or any rule or regulation promul-
    54  gated pursuant hereto, shall be liable for a civil penalty not to exceed
    55  two thousand five hundred dollars for each such violation and  an  addi-

        S. 1508                            33                            A. 2008
 
     1  tional penalty of not more than five hundred dollars for each day during
     2  which such violation continues.
     3  § 37-0915. Severability.
     4    The  provisions  of  this  title shall be severable and if any phrase,
     5  clause, sentence or provision of this title, or the applicability there-
     6  of to any person or circumstance shall be held invalid, the remainder of
     7  this title and the application thereof shall not be affected thereby.
     8    § 5. The public health law is amended by adding a new article 48-A  to
     9  read as follows:
    10                                ARTICLE 48-A
    11                    REGULATION OF PERSONAL CARE PRODUCTS
    12  Section 4850. Declaration of legislative intent and findings.
    13          4851. Definitions.
    14          4852. Disclosure.
    15          4853. Penalties.
    16          4854. Severability.
    17    §  4850.  Declaration  of  legislative intent and findings.  There are
    18  tens of thousands of chemicals used commercially in the  United  States,
    19  and  each  year  approximately  1,000 chemicals are added for commercial
    20  use. The majority of chemicals in commercial use in the  United  States,
    21  including  those  used  as  ingredients  in personal care products, have
    22  never been fully tested for potential impacts on  human  health  or  the
    23  environment.
    24    Some  chemicals  used  in  personal care products have been identified
    25  through scientific studies as being potential carcinogens,  reproductive
    26  or developmental toxicants, or endocrine disruptors. Some have also been
    27  found through biomonitoring studies to be present in human blood, breast
    28  milk, or urine. These findings have led national and international agen-
    29  cies  to  develop  lists of chemicals of concern based on the chemicals'
    30  potential to impact human health, and their presence  in  products  that
    31  consumers use everyday.
    32    Federal law requires personal care product labels to list ingredients.
    33  However, information concerning the potential health effects of exposure
    34  to these chemical ingredients is not widely available, chemicals used as
    35  fragrances  or  flavoring  are  exempt  from labelling requirements, and
    36  personal care products sold for commercial use are not required to carry
    37  any ingredient labelling. At present, the only way to identify a product
    38  as containing a chemical of concern is to compare labeled product ingre-
    39  dients with chemical lists developed by many different agencies.
    40    Furthermore, independent testing  and  laboratory  analyses  by  other
    41  states  have  identified  products  that  contain  substances that could
    42  potentially cause harmful health effects but that are not identified  as
    43  an  ingredient  on  the product's label. Nevertheless, under the federal
    44  Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), many  personal
    45  care  products and their ingredients are not subject to premarket safety
    46  testing, review, or approval before they are sold to the public.
    47    Therefore, the legislature hereby finds and declares that the  disclo-
    48  sures  required  under  federal law of ingredients contained in personal
    49  care products fail to adequately educate  and  protect  consumers.    In
    50  order  to empower consumers with the information needed to make well-in-
    51  formed decisions regarding products that their families are  exposed  to
    52  daily,  it shall be the policy of the state to require the personal care
    53  product industry to more fully disclose the ingredients  they  use  and,
    54  where  applicable,  identify  ingredients  that have been published as a
    55  chemical of concern on one or more lists identified by the commissioner.
    56  This will benefit consumers, encourage manufacturers  to  remove  poten-

        S. 1508                            34                            A. 2008
 
     1  tially  harmful chemicals from their products, and encourage development
     2  of innovative methods including green chemistry to replace these  ingre-
     3  dients with more environmentally-preferable alternatives.
     4    §  4851.  Definitions.  As  used  in  this article, unless the context
     5  requires otherwise:
     6    1. "Ingredient" shall mean all of the following:
     7    (a) An intentionally added ingredient present in any quantity  in  the
     8  personal care product;
     9    (b) A nonfunctional byproduct or nonfunctional contaminant, present in
    10  a  personal  care  product  in  any  quantity  exceeding one-half of one
    11  percent (0.5%) of the content of the product by weight or  other  amount
    12  determined by the commissioner;
    13    (c)  A  nonfunctional  byproduct present in a personal care product in
    14  any quantity not exceeding one-half of one percent (0.5%) of the content
    15  of the product by weight, provided such element  or  compound  has  been
    16  published  as  a  chemical of concern on one or more lists identified by
    17  the commissioner;
    18    (d) A nonfunctional contaminant present in a personal care product  in
    19  a  quantity determined by the commissioner and not exceeding one-half of
    20  one percent (0.5%) of the content of the  product  by  weight,  provided
    21  such  element or compound has been published as a chemical of concern on
    22  one or more lists identified by the commissioner.
    23    2. "Intentionally added ingredient" shall mean any element or compound
    24  that a manufacturer has intentionally added to a personal care  product,
    25  and  which has a functional or technical effect in the finished product,
    26  including, but not limited to, the  components  of  intentionally  added
    27  fragrance,  flavoring  and  colorants,  and  the  intentional  breakdown
    28  products of an added element or compound that also have a functional  or
    29  technical effect on the finished product.
    30    3.  "nonfunctional byproduct" shall mean any element or compound which
    31  has no functional or technical effect in the finished product which  (a)
    32  was  intentionally added during the manufacturing process for a personal
    33  care product at any point in a product's, a raw material's  or  ingredi-
    34  ent's  supply chain or (b) was created for formed during the manufactur-
    35  ing process as an intentional or unintentional consequence of the  manu-
    36  facturing  process  at any point in a product's, a raw material's, or an
    37  ingredient's supply chain. This shall include, but is not limited to, an
    38  unreacted raw material, a breakdown product of  an  intentionally  added
    39  ingredient, or a byproduct of the manufacturing process.
    40    4.  "Nonfunctional  contaminant"  shall  mean  any element or compound
    41  present in a personal care product as an  unintentional  consequence  of
    42  manufacturing  which  has  no  functional  or  technical  effect  in the
    43  finished product. Nonfunctional contaminants include, but are not limit-
    44  ed to, elements or compounds present in the environment as  contaminants
    45  which  were  introduced  into  a  product,  a raw material, or a product
    46  ingredient as a result of the use of an environmental medium, such as  a
    47  naturally  occurring  mineral,  air, soil or water, in the manufacturing
    48  process at any point in a product's, a raw material's,  or  an  ingredi-
    49  ent's supply chain.
    50    5.  "Manufacturer"  shall mean any person, firm, association, partner-
    51  ship,  limited  liability  company,  or  corporation   which   produces,
    52  prepares,  formulates,  or  compounds  a personal care product, or whose
    53  brand name is affixed to such product.  In the case of a  personal  care
    54  product  imported  into the United States, "manufacturer" shall mean the
    55  importer or first domestic distributor of the product if the entity that

        S. 1508                            35                            A. 2008
 
     1  manufactures the product or whose brand name is affixed to  the  product
     2  does not have a presence in the United States.
     3    6.  "Personal care product" shall mean articles intended to be rubbed,
     4  poured, sprinkled, or sprayed on, introduced into, or otherwise  applied
     5  to  the  human  body  or  any  part  thereof for cleansing, beautifying,
     6  promoting attractiveness,  or  altering  the  appearance,  and  articles
     7  intended  for  use as a component of any such articles; except that such
     8  term shall not include soap.
     9    7. "Soap" shall mean articles comprised entirely of an alkali salt  of
    10  fatty acids where the detergent properties of the article are due to the
    11  alkali-fatty acid compounds, and the article shall be labeled, sold, and
    12  represented only as a soap.
    13    §  4852.  Disclosure.  1.  Manufacturers  of  personal  care  products
    14  distributed, sold or offered for sale in this state, whether  at  retail
    15  or  wholesale, for personal or commercial use, or distributed for promo-
    16  tional purposes, shall furnish to the commissioner for public record and
    17  post on the manufacturer's  website,  in  a  manner  prescribed  by  the
    18  commissioner  that is readily accessible to the public and machine read-
    19  able, such information regarding such products  pursuant  to  rules  and
    20  regulations  promulgated  by  the  commissioner.  For each personal care
    21  product, such information shall include, but shall not be limited to:
    22    (a) A list naming each ingredient, as defined in  subdivision  one  of
    23  section forty-eight hundred fifty-one of this article, of the product in
    24  descending  order  of predominance by weight in the product, except that
    25  ingredients present at a weight below one percent  (1%)  may  be  listed
    26  following other ingredients without respect to the order of predominance
    27  by weight;
    28    (b)  The nature and extent of investigations and research performed by
    29  or for the manufacturer concerning the effects on human health  and  the
    30  environment of such product or such ingredients; and
    31    (c)  Where  applicable,  a  statement disclosing that an ingredient is
    32  published as a chemical of concern on one or more  lists  identified  by
    33  the commissioner.
    34    2.  Such  manufacturers  shall  furnish  information on or before July
    35  first, two thousand twenty and every two years thereafter. In  addition,
    36  such  manufacturers  shall furnish such information prior to the sale of
    37  any new personal care product,  when  the  formulation  of  a  currently
    38  disclosed  product is changed such that the predominance of the ingredi-
    39  ents in such product is changed, when any list of chemicals  of  concern
    40  identified  by  the  commissioner pursuant to this article is changed to
    41  include an ingredient present in a personal care product subject to this
    42  article, or at such other times as may be required by the commissioner.
    43    3. Such information shall be made  available  to  the  public  by  the
    44  commissioner and manufacturer, in accordance with this section, with the
    45  exception  of  those portions which the manufacturer determines, subject
    46  to the approval of the commissioner, is related to a proprietary process
    47  the disclosure of which would compromise the manufacturer's  competitive
    48  position.  The  commissioner shall not approve any exceptions under this
    49  subdivision with respect to any ingredient published as  a  chemical  of
    50  concern on one or more lists identified by the commissioner.
    51    §  4853.  Penalties.  A  manufacturer  in violation of this article is
    52  subject to a civil penalty not to exceed five thousand dollars for  each
    53  violation  in  the case of a first offense. Manufacturers who are repeat
    54  violators are subject to a civil penalty  not  to  exceed  ten  thousand
    55  dollars for each repeat offense.

        S. 1508                            36                            A. 2008
 
     1    §  4854. Severability. The provisions of this article shall be severa-
     2  ble and if any phrase, clause, sentence or provision of this article, or
     3  the applicability thereof to any person or circumstance  shall  be  held
     4  invalid, the remainder of this article and the application thereof shall
     5  not be affected thereby.
     6    §  6.  This  act  shall take effect on the sixtieth day after it shall
     7  have become a law,  provided,  however,  that  any  rule  or  regulation
     8  promulgated pursuant to this act shall not take effect prior to April 1,
     9  2021; provided, however, that section five of this act shall take effect
    10  on  January  1,  2020, provided that, effective immediately, the commis-
    11  sioner of health shall be authorized to promulgate any and all rules and
    12  regulations necessary to implement the provisions of section five on its
    13  effective date.
 
    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
    49  association, or credit union organized  under  the  laws  of  any  other
    50  state,  or  any  person  licensed  or  supervised  by the department and
    51  exempted by the superintendent pursuant to  regulations  promulgated  in
    52  accordance with this article.

        S. 1508                            37                            A. 2008
 
     1    5.  "Person"  shall  mean  any  individual,  association, corporation,
     2  limited liability company, partnership, trust, unincorporated  organiza-
     3  tion, government, and any other entity.
     4    6.  "Servicer"  or "student loan servicer" shall mean a person engaged
     5  in the business of servicing student loans owed by one or more borrowers
     6  residing in this state.
     7    7. "Servicing" shall mean:
     8    (a) receiving any payment from a borrower pursuant to the terms of any
     9  student loan;
    10    (b) applying any payment to the borrower's  account  pursuant  to  the
    11  terms  of  a student loan or the contract governing the servicing of any
    12  such loans;
    13    (c) providing any notification of amounts owed on a student loan by or
    14  on account of any borrower;
    15    (d) during a period where a borrower is not required to make a payment
    16  on a student loan, maintaining account records for the student loan  and
    17  communicating  with the borrower regarding the student loan on behalf of
    18  the owner of the student loan promissory note;
    19    (e) interacting with a borrower  with  respect  to  or  regarding  any
    20  attempt to avoid default on the borrower's student loan, or facilitating
    21  the activities described in paragraph (a) or (b) of this subdivision; or
    22    (f) performing other administrative services with respect to a borrow-
    23  er's student loan.
    24    8. "Student loan" shall mean any loan to a borrower to finance postse-
    25  condary education or expenses related to postsecondary education.
    26    9.  "Federal  student loan" means (a) any student loan issued pursuant
    27  to the William D. Ford Federal Direct Loan Program; (b) any student loan
    28  issued pursuant to the Federal Family Education Loan Program, which  was
    29  purchased by the government of the United States pursuant to the federal
    30  Ensuring Continued Access to Student Loans Act and is presently owned by
    31  the  government  of  the  United  States; and (c) any other student loan
    32  issued pursuant to a federal program that is identified  by  the  super-
    33  intendent as a "federal student loan" in a regulation.
    34    §  711. Licensing. 1. Except as provided in subdivisions two and three
    35  of this section, no person shall engage in  the  business  of  servicing
    36  student loans owed by one or more borrowers residing in this state with-
    37  out  first being licensed by the superintendent as a student loan servi-
    38  cer in accordance with this article  and  such  regulations  as  may  be
    39  prescribed by the superintendent.
    40    2.  The  licensing  provisions  of this article shall not apply to any
    41  exempt organization that is a student loan servicer; provided that  such
    42  exempt  organization  notifies  the  superintendent that it is servicing
    43  student loans in this state and complies  with  sections  seven  hundred
    44  seventeen,  seven  hundred nineteen, seven hundred twenty-one, and seven
    45  hundred twenty-five of this article and  any  regulation  applicable  to
    46  student loan servicers promulgated by the superintendent.
    47    3.  A  license  is not required to engage in the business of servicing
    48  federal student loans. A person, other than an exempt organization, that
    49  services federal student loans owed by one or more borrowers residing in
    50  this state, which is not otherwise required to be licensed  pursuant  to
    51  this  section,  shall  notify  the  superintendent  that it is servicing
    52  federal student loans in this  state  and  comply  with  sections  seven
    53  hundred  seventeen,  seven  hundred  nineteen, seven hundred twenty-one,
    54  seven hundred twenty-two, 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.  The  provisions  of

        S. 1508                            38                            A. 2008
 
     1  section  thirty-three, thirty-nine, and forty-four of this chapter shall
     2  apply to a person required  to  notify  the  superintendent  under  this
     3  subdivision, as though they were a licensed student loan servicer.  
     4    §  712. Application for a student loan servicer license; fees.  1. The
     5  application for a license to engage in the business of servicing student
     6  loans shall be in writing, under oath, and in the form prescribed by the
     7  superintendent. Notwithstanding article three of  the  state  technology
     8  law  or  any  other  law to the contrary, the superintendent may require
     9  that an application for a license or any other submission or application
    10  for approval as may be required by this article be made or  executed  by
    11  electronic means if he or she deems it necessary to ensure the efficient
    12  and  effective  administration  of  this  article. The application shall
    13  include a description of the activities of the applicant, in such detail
    14  and for such periods as the superintendent may require; including:
    15    (a) an affirmation of financial solvency  noting  such  capitalization
    16  requirements  as  may  be  required by the superintendent, and access to
    17  such credit as may be required by the superintendent;
    18    (b) a financial statement prepared by a certified  public  accountant,
    19  the  accuracy  of which is sworn to under oath before a notary public by
    20  an officer or other representative of the applicant who is authorized to
    21  execute such documents;
    22    (c) an affirmation that the applicant, or its members, officers, part-
    23  ners, directors and principals as may be appropriate, are at least twen-
    24  ty-one years of age;
    25    (d) information as to the character, fitness, financial  and  business
    26  responsibility,  background  and  experiences  of  the applicant, or its
    27  members, officers, partners, directors and principals as may  be  appro-
    28  priate;
    29    (e)  any  additional detail or information required by the superinten-
    30  dent.
    31    2. An application to become a licensed student loan  servicer  or  any
    32  application  with  respect  to  a  student loan servicer shall be accom-
    33  plished by a fee as prescribed pursuant to section  eighteen-a  of  this
    34  chapter.
    35    §  713.  Application process to receive license to engage in the busi-
    36  ness of student loan servicing. 1. Upon the filing of an application for
    37  a license, if the superintendent shall find that the financial responsi-
    38  bility, experience, character, and general fitness of the applicant and,
    39  if applicable, the members, officers, partners, directors and principals
    40  of the applicant are such as to command the confidence of the  community
    41  and to warrant belief that the business will be operated honestly, fair-
    42  ly,  and efficiently within the purpose of this article, the superinten-
    43  dent shall thereupon issue a license in duplicate to engage in the busi-
    44  ness of servicing student loans described in section seven  hundred  ten
    45  of  this  article  in accordance with the provisions of this article. If
    46  the superintendent shall not so find, the superintendent shall not issue
    47  a license, and the superintendent shall so  notify  the  applicant.  The
    48  superintendent shall transmit one copy of a license to the applicant and
    49  file another in the office of the department of financial services. Upon
    50  receipt  of such license, a student loan servicer shall be authorized to
    51  engage in the business of servicing student loans in accordance with the
    52  provisions of this article. Such license shall remain in full force  and
    53  effect  until  it is surrendered by the servicer or revoked or suspended
    54  as hereinafter provided.
    55    2. The superintendent may refuse to issue a license pursuant  to  this
    56  article if he or she shall find that the applicant, or any person who is

        S. 1508                            39                            A. 2008
 
     1  a  director,  officer,  partner, agent, employee, member, or substantial
     2  stockholder of the applicant:
     3    (a)  has  been  convicted  of a crime involving an activity which is a
     4  felony under this chapter or under article one hundred  fifty-five,  one
     5  hundred  seventy, one hundred seventy-five, one hundred seventy-six, one
     6  hundred eighty, one hundred eighty-five, one hundred  eighty-seven,  one
     7  hundred  ninety, two hundred, two hundred ten or four hundred seventy of
     8  the penal law or any comparable felony under the laws of any other state
     9  of the United States, provided that such crime  would  be  a  felony  if
    10  committed and prosecuted under the laws of this state;
    11    (b) has had a license or registration revoked by the superintendent or
    12  any other regulator or jurisdiction;
    13    (c)  has  been  an  officer,  director, partner, member or substantial
    14  stockholder of an entity which has had a license or registration revoked
    15  by the superintendent or any other regulator or jurisdiction; or
    16    (d) has been an agent, employee, officer, director, partner or  member
    17  of  an  entity  which  has  had a license or registration revoked by the
    18  superintendent where such person shall have been  found  by  the  super-
    19  intendent to bear responsibility in connection with the revocation.
    20    3.  The term "substantial stockholder", as used in this section, shall
    21  be deemed to refer to a person owning or controlling directly  or  indi-
    22  rectly ten per centum or more of the total outstanding stock of a corpo-
    23  ration.
    24    §  714.  Changes  in officers and directors. Upon any change of any of
    25  the executive officers, directors, partners or members  of  any  student
    26  loan servicer required to be licensed under section seven hundred eleven
    27  of  this  article,  the student loan servicer shall submit to the super-
    28  intendent the name, address, and occupation of each new officer,  direc-
    29  tor, partner or member, and provide such other information as the super-
    30  intendent may require.
    31    §  715.  Changes  in  control. 1. It shall be unlawful except with the
    32  prior approval of the superintendent for any action to  be  taken  which
    33  results  in a change of control of the business of a student loan servi-
    34  cer required to be licensed under section seven hundred eleven  of  this
    35  article.  Prior to any change of control, the person desirous of acquir-
    36  ing control of the business of a student loan servicer shall make  writ-
    37  ten  application  to  the superintendent and pay an investigation fee as
    38  prescribed pursuant to section eighteen-a of this chapter to the  super-
    39  intendent.  The application shall contain such information as the super-
    40  intendent, by rule or regulation, may prescribe as necessary  or  appro-
    41  priate   for  the  purpose  of  making  the  determination  required  by
    42  subdivision two of this section. This information shall include but  not
    43  be  limited to the information and other material required for a student
    44  loan servicer by subdivision one of section seven hundred twelve of this
    45  article.
    46    2. The superintendent shall approve or disapprove the proposed  change
    47  of  control  of  a  student  loan servicer required to be licensed under
    48  section seven hundred eleven of this  article  in  accordance  with  the
    49  provisions of section seven hundred thirteen of this article.
    50    3.  For  a period of six months from the date of qualification thereof
    51  and for such  additional  period  of  time  as  the  superintendent  may
    52  prescribe,  in  writing,  the  provisions of subdivisions one and two of
    53  this section shall not apply to a transfer of control  by  operation  of
    54  law  to the legal representative, as hereinafter defined, of one who has
    55  control of a student loan servicer.  Thereafter,  such  legal  represen-
    56  tative  shall  comply with the provisions of subdivisions one and two of

        S. 1508                            40                            A. 2008
 
     1  this section. The provisions of subdivisions one and two of this section
     2  shall be applicable to an application made under such section by a legal
     3  representative. The term "legal representative",  for  the  purposes  of
     4  this  subdivision, shall mean one duly appointed by a court of competent
     5  jurisdiction to act  as  executor,  administrator,  trustee,  committee,
     6  conservator  or  receiver,  including one who succeeds a legal represen-
     7  tative and one acting in an ancillary  capacity  thereto  in  accordance
     8  with the provisions of such court appointment.
     9    4.  As  used  in this section the term "control" means the possession,
    10  directly or indirectly, of the power to direct or cause the direction of
    11  the management and policies of a student loan servicer, whether  through
    12  the  ownership of voting stock of such student loan servicer, the owner-
    13  ship of voting stock of any person which possesses such power or  other-
    14  wise.  Control  shall  be  presumed  to exist if any person, directly or
    15  indirectly, owns, controls or holds with power to vote ten per centum or
    16  more of the voting stock of any student loan servicer or of  any  person
    17  which  owns, controls or holds with power to vote ten per centum or more
    18  of the voting stock of any student loan servicer, but no person shall be
    19  deemed to control a student loan servicer solely by reason of  being  an
    20  officer  or  director  of such student loan servicer. The superintendent
    21  may in his or her discretion, upon the application  of  a  student  loan
    22  servicer  or  any  person who, directly or indirectly, owns, controls or
    23  holds with power to vote or seeks to own, control or hold with power  to
    24  vote  any  voting stock of such student loan servicer, determine whether
    25  or not the ownership, control or holding of such  voting  stock  consti-
    26  tutes  or  would  constitute  control  of such student loan servicer for
    27  purposes of this section.
    28    § 716. Grounds for suspension  or  revocation  of  license.  1.  After
    29  notice and hearing, the superintendent may revoke or suspend any license
    30  to  engage in the business of a student loan servicer issued pursuant to
    31  this article if he or she shall find that:
    32    (a) a servicer has violated any provision of this article, any rule or
    33  regulation promulgated  by  the  superintendent  under  and  within  the
    34  authority of this article, or any other applicable law;
    35    (b)  any fact or condition exists which, if it had existed at the time
    36  of the original application for such license, would have  warranted  the
    37  superintendent refusing originally to issue such license;
    38    (c) a servicer does not cooperate with an examination or investigation
    39  by the superintendent;
    40    (d)  a  servicer  engages  in fraud, intentional misrepresentation, or
    41  gross negligence in servicing a student loan;
    42    (e) the competence, experience, character, or general fitness  of  the
    43  servicer, an individual controlling, directly or indirectly, ten percent
    44  or  more  of  the  outstanding  interests, or any person responsible for
    45  servicing a student loan for the servicer indicates that it  is  not  in
    46  the public interest to permit the servicer to continue servicing student
    47  loans;
    48    (f) the servicer engages in an unsafe or unsound practice;
    49    (g) the servicer is insolvent, suspends payment of its obligations, or
    50  makes a general assignment for the benefit of its creditors; or
    51    (h) a servicer has violated the laws of this state, any other state or
    52  any  federal  law  involving fraudulent or dishonest dealing, or a final
    53  judgement has been entered against a student loan servicer  in  a  civil
    54  action upon grounds of fraud, misrepresentation or deceit.
    55    2.  The  superintendent  may, on good cause shown, or where there is a
    56  substantial risk of public harm, suspend any license for  a  period  not

        S. 1508                            41                            A. 2008
 
     1  exceeding  thirty  days, pending investigation. "Good cause", as used in
     2  this subdivision, shall exist when a student loan servicer has defaulted
     3  or is likely to default  in  performing  its  financial  engagements  or
     4  engages  in  dishonest or inequitable practices which may cause substan-
     5  tial harm to the persons afforded the protection of this article.
     6    3. Except as provided in subdivision two of this section,  no  license
     7  shall  be  revoked or suspended except after notice and hearing thereon.
     8  Any order of suspension issued after notice and a hearing may include as
     9  a condition of reinstatement that the student loan servicer make  resti-
    10  tution  to consumers of fees or other charges which have been improperly
    11  charged or  collected,  including  but  not  limited  to  by  allocating
    12  payments contrary to a borrower's direction or in a manner that fails to
    13  help  a borrower avoid default, as determined by the superintendent. Any
    14  hearing held pursuant  to  the  provisions  of  this  section  shall  be
    15  noticed,  conducted and administered in compliance with the state admin-
    16  istrative procedure act.
    17    4. Any student loan servicer may surrender any license  by  delivering
    18  to  the  superintendent  written  notice that it thereby surrenders such
    19  license, but such surrender shall not affect such  servicer's  civil  or
    20  criminal  liability  for acts committed prior to such surrender. If such
    21  surrender is made after the issuance by the superintendent of  a  state-
    22  ment  of  charges  and notice of hearing, the superintendent may proceed
    23  against the servicer as if such surrender had not taken place.
    24    5. No revocation, suspension, or surrender of any license shall impair
    25  or affect the obligation of any pre-existing lawful contract between the
    26  student loan servicer and any person, including the department of finan-
    27  cial services.
    28    6. Every license issued pursuant to this article shall remain in force
    29  and effect until the  same  shall  have  been  surrendered,  revoked  or
    30  suspended in accordance with any other provisions of this article.
    31    7.  Whenever  the  superintendent  shall  revoke  or suspend a license
    32  issued pursuant to this article, he or she shall  forthwith  execute  in
    33  duplicate  a written order to that effect. The superintendent shall file
    34  one copy of such order in the office of the department and shall  forth-
    35  with serve the other copy upon the student loan servicer. Any such order
    36  may  be  reviewed in the manner provided by article seventy-eight of the
    37  civil practice law and rules.
    38    § 717. Books and records;  reports  and  electronic  filing.  1.  Each
    39  student  loan  servicer  shall  keep and use in its business such books,
    40  accounts and records as will  enable  the  superintendent  to  determine
    41  whether  such  servicer  or  exempt  organization  is complying with the
    42  provisions of this article and with the rules and  regulations  lawfully
    43  made  by  the  superintendent. Every servicer shall preserve such books,
    44  accounts, and records, for at least three years.
    45    2. (a) Each student loan servicer, other than an exempt  organization,
    46  shall  annually, on or before a date to be determined by the superinten-
    47  dent, file a report with the superintendent giving such  information  as
    48  the  superintendent  may  require concerning the business and operations
    49  during the preceding calendar year of such servicer under  authority  of
    50  this  article.  Such  report shall be subscribed and affirmed as true by
    51  the servicer under the penalties of perjury and shall  be  in  the  form
    52  prescribed by the superintendent.
    53    (b) In addition to annual reports, the superintendent may require such
    54  additional regular or special reports as he or she may deem necessary to
    55  the  proper  supervision  of  student loan servicers under this article.
    56  Such additional reports shall be subscribed and affirmed as true by  the

        S. 1508                            42                            A. 2008
 
     1  servicer  under  the  penalties  of  perjury  and  shall  be in the form
     2  prescribed by the superintendent.
     3    3.  Notwithstanding  article  three of the state technology law or any
     4  other law to the contrary,  the  superintendent  may  require  that  any
     5  submission  or approval as may be required by the superintendent be made
     6  or executed by electronic means if he  or  she  deems  it  necessary  to
     7  ensure the efficient administration of this article.
     8    §  718.  Rules  and  Regulations. 1. In addition to such powers as may
     9  otherwise be prescribed by law, the superintendent is hereby  authorized
    10  and  empowered  to  promulgate  such rules and regulations as may in the
    11  judgement of the superintendent be consistent with the purposes of  this
    12  article,  or  appropriate for the effective administration of this arti-
    13  cle, including, but not limited to:
    14    (a) Such rules and regulations in connection with  the  activities  of
    15  student  loan  servicers  as  may  be  necessary and appropriate for the
    16  protection of borrowers in this state.
    17    (b) Such rules and regulations as may be necessary and appropriate  to
    18  define unfair, deceptive or abusive acts or practices in connection with
    19  the activities of student loan servicers.
    20    (c)  Such  rules  and regulations as may define the terms used in this
    21  article and as may be necessary and appropriate to interpret and  imple-
    22  ment the provisions of this article.
    23    (d) Such rules and regulations as may be necessary for the enforcement
    24  of this article.
    25    2.  The superintendent is hereby authorized and empowered to make such
    26  specific rulings, demands and findings as the  superintendent  may  deem
    27  necessary for the proper conduct of the student loan servicing industry.
    28    § 719. Prohibited practices. No student loan servicer shall:
    29    1.  Employ  any  scheme,  device  or  artifice to defraud or mislead a
    30  borrower;
    31    2. Engage in any unfair, deceptive or predatory act or practice toward
    32  any  person  or  misrepresent  or  omit  any  material  information   in
    33  connection  with  the  servicing  of  a student loan, including, but not
    34  limited to, misrepresenting the amount, nature or terms of  any  fee  or
    35  payment due or claimed to be due on a student loan, the terms and condi-
    36  tions  of  the  loan  agreement  or the borrower's obligations under the
    37  loan;
    38    3. Misapply payments to the outstanding balance of any student loan or
    39  to any related interest or fees;
    40    4. Provide inaccurate information to a consumer reporting agency;
    41    5. Refuse to communicate with  an  authorized  representative  of  the
    42  borrower  who  provides  a written authorization signed by the borrower,
    43  provided that the servicer may adopt procedures  reasonably  related  to
    44  verifying that the representative is in fact authorized to act on behalf
    45  of the borrower;
    46    6. Make any false statement or make any omission of a material fact in
    47  connection  with  any  information  or reports filed with a governmental
    48  agency or in connection with any investigation conducted by  the  super-
    49  intendent or another governmental agency;
    50    7. Fail to respond within fifteen calendar days to communications from
    51  the  department,  or within such shorter, reasonable time as the depart-
    52  ment may request in his or her communication; or
    53    8. Fail to provide a  response  within  fifteen  calendar  days  to  a
    54  consumer  complaint  submitted  to  the  servicer  by the department. If
    55  necessary, a student loan servicer may request additional time up  to  a
    56  maximum  of  forty-five  calendar  days,  provided  that such request is

        S. 1508                            43                            A. 2008
 
     1  accompanied by an explanation why such additional time is reasonable and
     2  necessary.
     3    §  720. Servicing student loans without a license. 1. Whenever, in the
     4  opinion of the superintendent, a person is engaged in  the  business  of
     5  servicing  student  loans,  other than federal loans, either actually or
     6  through subterfuge, without  a  license  from  the  superintendent,  the
     7  superintendent may order that person to desist and refrain from engaging
     8  in  the  business  of  servicing  student loans in the state. If, within
     9  thirty days after an order is served, a request for a hearing  is  filed
    10  in  writing and the hearing is not held within sixty days of the filing,
    11  the order shall be rescinded.
    12    2. This section does not apply to exempt organizations.
    13    § 721. Responsibilities. 1.  If  a  student  loan  servicer  regularly
    14  reports  information  to a consumer reporting agency, the servicer shall
    15  accurately report a borrower's  payment  performance  to  at  least  one
    16  consumer reporting agency that compiles and maintains files on consumers
    17  on  a  nationwide basis as defined in Section 603(p) of the federal Fair
    18  Credit Reporting Act (15 U.S.C. Sec. 1681a(p)),  upon  acceptance  as  a
    19  data furnisher by that consumer reporting agency.
    20    2. (a) Except as provided in federal law or required by a student loan
    21  agreement,  a  student  loan servicer shall inquire of a borrower how to
    22  apply a borrower's nonconforming payment. A borrower's direction on  how
    23  to  apply  a nonconforming payment shall remain in effect for any future
    24  nonconforming payment during the  term  of  a  student  loan  until  the
    25  borrower provides different directions.
    26    (b)  For  purposes  of this subdivision, "nonconforming payment" shall
    27  mean a payment that is either more or less than the borrower's  required
    28  student loan payment.
    29    3.  (a) If the sale, assignment, or other transfer of the servicing of
    30  a student loan results in a change in the identity of the person to whom
    31  the borrower is required to  send  subsequent  payments  or  direct  any
    32  communications  concerning  the  student  loan,  a student loan servicer
    33  shall transfer  all  information  regarding  a  borrower,  a  borrower's
    34  account, and a borrower's student loan, including but not limited to the
    35  borrower's  repayment  status  and any borrower benefits associated with
    36  the borrower's student loan, to the new student loan servicer  servicing
    37  the borrower's student loan within forty-five days.
    38    (b)  A  student  loan  servicer shall adopt policies and procedures to
    39  verify that it has received all  information  regarding  a  borrower,  a
    40  borrower's  account,  and  a  borrower's student loan, including but not
    41  limited to the borrower's repayment status  and  any  borrower  benefits
    42  associated  with  the borrower's student loan, when the servicer obtains
    43  the right to service a student loan.
    44    4. If a student loan servicer sells, assigns, or  otherwise  transfers
    45  the  servicing of a student loan to a new servicer, the sale, assignment
    46  or other transfer shall be completed at  least  seven  days  before  the
    47  borrower's next payment is due.
    48    5.  (a)  A  student  loan  servicer  that sells, assigns, or otherwise
    49  transfers the servicing of a student loan shall require as  a  condition
    50  of  such  sale,  assignment  or other transfer that the new student loan
    51  servicer shall honor all borrower  benefits  originally  represented  as
    52  being  available  to a borrower during the repayment of the student loan
    53  and the possibility of such benefits, including any benefits  that  were
    54  represented  as  being  available but for which the borrower had not yet
    55  qualified.

        S. 1508                            44                            A. 2008

     1    (b) A student loan servicer  that  obtains  the  right  to  service  a
     2  student loan shall honor all borrower benefits originally represented as
     3  being  available  to a borrower during the repayment of the student loan
     4  and the possibility of such benefits, including any benefits  that  were
     5  represented  as  being  available but for which the borrower had not yet
     6  qualified.
     7    6. A student loan servicer shall  respond  within  thirty  days  after
     8  receipt  to  a written inquiry from a borrower or a borrower's represen-
     9  tative.
    10    7. A student loan servicer shall preserve records of each student loan
    11  and all communications with  borrowers  for  not  less  than  two  years
    12  following the final payment on such student loan or the sale, assignment
    13  or  other  transfer  of  the  servicing  of such student loan, whichever
    14  occurs first, or such longer period as may  be  required  by  any  other
    15  provision of law.
    16    §  722.  Examinations.  1.  The superintendent may at any time, and as
    17  often as he or she may determine, either personally or by a person  duly
    18  designated  by  the superintendent, investigate the business and examine
    19  the books, accounts, records, and files used therein  of  every  student
    20  loan  servicer.  For that purpose the superintendent and his or her duly
    21  designated representative shall have free  access  to  the  offices  and
    22  places  of  business, books, accounts, papers, records, files, safes and
    23  vaults of all such servicers. The superintendent  and  any  person  duly
    24  designated  by him or her shall have authority to require the attendance
    25  of and to examine under oath all persons whose testimony he or  she  may
    26  require relative to such business.
    27    2.  No  person  subject  to  investigation  or  examination under this
    28  section may knowingly withhold, abstract, remove, mutilate,  destroy  or
    29  secrete any books, records, computer records or other information.
    30    3.  The  expenses  incurred in making any examination pursuant to this
    31  section shall be assessed against and paid by the student loan  servicer
    32  so examined, except that travelling and subsistence expenses so incurred
    33  shall  be  charged  against and paid by servicers in such proportions as
    34  the superintendent shall deem just  and  reasonable,  and  such  propor-
    35  tionate  charges  shall be added to the assessment of the other expenses
    36  incurred upon each examination. Upon written notice by  the  superinten-
    37  dent  of  the total amount of such assessment, the servicer shall become
    38  liable for and shall pay such assessment to the superintendent.
    39    4. In any hearing in which a department employee acting under authori-
    40  ty of this chapter is  available  for  cross-examination,  any  official
    41  written  report, worksheet, other related papers, or duly certified copy
    42  thereof, compiled, prepared, drafted, or otherwise made by said  depart-
    43  ment  employee,  after being duly authenticated by said employee, may be
    44  admitted as competent evidence upon the oath of said employee that  said
    45  worksheet,   investigative  report,  or  other  related  documents  were
    46  prepared as a result of an examination of the books  and  records  of  a
    47  servicer  or  other  person, conducted pursuant to the authority of this
    48  chapter.
    49    5. Unless it is an exempt organization, affiliates of a  student  loan
    50  servicer  are  subject  to examination by the superintendent on the same
    51  terms as the servicer, but only when reports from, or examination of,  a
    52  servicer  provides  evidence of unlawful activity between a servicer and
    53  affiliate benefitting, affecting, or arising from the  activities  regu-
    54  lated by this article.
    55    6. This section shall not apply to exempt organizations. To the extent
    56  the superintendent is authorized by any other law to make an examination

        S. 1508                            45                            A. 2008
 
     1  into  the affairs of any exempt organization, this subdivision shall not
     2  be construed to limit in any way the superintendent's authority, regard-
     3  ing the subjects of such an examination, or otherwise.
     4    § 723. Penalties for violation of this article. 1. In addition to such
     5  penalties  as  may  otherwise  be  applicable  by law, including but not
     6  limited to the penalties available  under  section  forty-four  of  this
     7  chapter,  the  superintendent may, after notice and hearing, require any
     8  person found violating the provisions of this article or  the  rules  or
     9  regulations  promulgated  hereunder to pay to the people of this state a
    10  penalty for each violation of the article or any  regulation  or  policy
    11  promulgated  hereunder  a sum not to exceed the greater of (i) ten thou-
    12  sand dollars for each offense; (ii) a multiple of two times  the  aggre-
    13  gate  damages  attributable to the violation; or (iii) a multiple of two
    14  times the aggregate economic gain attributable to the violation.
    15    2. Nothing in this article shall limit  any  statutory  or  common-law
    16  right of any person to bring any action in any court for any act, or the
    17  right of the state to punish any person for any violation of any law.
    18    §  724.  Severability of provisions. If any provision of this article,
    19  or the application of such provision  to  any  person  or  circumstance,
    20  shall  be  held  invalid, illegal or unenforceable, the remainder of the
    21  article, and the application of such provision  to  persons  or  circum-
    22  stances  other  than  those  as  to which it is held invalid, illegal or
    23  unenforceable, shall not be affected thereby.
    24    § 725. Compliance with other laws. 1.  Student  loan  servicers  shall
    25  engage in the business of servicing student loans in conformity with the
    26  provisions  of  the financial services law, this chapter, such rules and
    27  regulations as may be promulgated by the superintendent  thereunder  and
    28  all  applicable  federal  laws and the rules and regulations promulgated
    29  thereunder.
    30    2. Nothing in this section shall be construed to limit  any  otherwise
    31  applicable state or federal law or regulations.
    32    §  2.  Subdivision  10 of section 36 of the banking law, as amended by
    33  chapter 182 of the laws of 2011, is amended to read as follows:
    34    10. All reports of examinations and investigations, correspondence and
    35  memoranda concerning or arising out of  such  examination  and  investi-
    36  gations,  including any duly authenticated copy or copies thereof in the
    37  possession of any banking organization,  bank  holding  company  or  any
    38  subsidiary  thereof  (as  such terms "bank holding company" and "subsid-
    39  iary" are defined in article three-A of this chapter),  any  corporation
    40  or  any  other  entity affiliated with a banking organization within the
    41  meaning of subdivision six of this section and any  non-banking  subsid-
    42  iary  of  a  corporation  or any other entity which is an affiliate of a
    43  banking organization within the meaning of  subdivision  six-a  of  this
    44  section,  foreign  banking corporation, licensed lender, licensed casher
    45  of  checks,  licensed  mortgage  banker,  registered  mortgage   broker,
    46  licensed  mortgage  loan  originator,  licensed  sales  finance company,
    47  registered mortgage  loan  servicer,  licensed  student  loan  servicer,
    48  licensed  insurance  premium  finance  agency,  licensed  transmitter of
    49  money, licensed budget planner, any other person or  entity  subject  to
    50  supervision under this chapter, or the department, shall be confidential
    51  communications,  shall  not be subject to subpoena and shall not be made
    52  public unless, in the  judgment  of  the  superintendent,  the  ends  of
    53  justice  and  the  public advantage will be subserved by the publication
    54  thereof, in which event the superintendent may publish or authorize  the
    55  publication  of  a  copy  of any such report or any part thereof in such
    56  manner as may be deemed proper or unless such laws specifically  author-

        S. 1508                            46                            A. 2008
 
     1  ize  such  disclosure. For the purposes of this subdivision, "reports of
     2  examinations and investigations, and any  correspondence  and  memoranda
     3  concerning  or  arising  out  of  such examinations and investigations",
     4  includes any such materials of a bank, insurance or securities regulato-
     5  ry  agency  or  any unit of the federal government or that of this state
     6  any other state or that of any foreign government which  are  considered
     7  confidential  by  such agency or unit and which are in the possession of
     8  the department or which are otherwise confidential materials  that  have
     9  been  shared  by  the department with any such agency or unit and are in
    10  the possession of such agency or unit.
    11    § 3. Section 39 of the banking law, as amended by section 1 of part FF
    12  of chapter 59 of the laws of 2004, subdivisions 1, 2 and 5 as amended by
    13  chapter 123 of the laws of 2009, subdivision 3 as amended by chapter 155
    14  of the laws of 2012 and subdivision 6 as amended by chapter 217  of  the
    15  laws of 2010, is amended to read as follows:
    16    § 39.  Orders  of superintendent. 1. To appear and explain an apparent
    17  violation. Whenever it shall appear to the superintendent that any bank-
    18  ing organization, bank  holding  company,  registered  mortgage  broker,
    19  licensed  mortgage  banker,  licensed  student load servicer, registered
    20  mortgage loan servicer,  licensed  mortgage  loan  originator,  licensed
    21  lender,  licensed  casher  of  checks,  licensed  sales finance company,
    22  licensed insurance  premium  finance  agency,  licensed  transmitter  of
    23  money, licensed budget planner, out-of-state state bank that maintains a
    24  branch  or branches or representative or other offices in this state, or
    25  foreign banking corporation licensed by the superintendent to  do  busi-
    26  ness  or maintain a representative office in this state has violated any
    27  law or regulation, he or she may, in his or  her  discretion,  issue  an
    28  order  describing  such  apparent  violation  and requiring such banking
    29  organization, bank holding company, registered mortgage broker, licensed
    30  mortgage banker, licensed student loan servicer, licensed mortgage  loan
    31  originator,  licensed  lender, licensed casher of checks, licensed sales
    32  finance company, licensed insurance  premium  finance  agency,  licensed
    33  transmitter  of  money, licensed budget planner, out-of-state state bank
    34  that maintains a branch or branches or representative or  other  offices
    35  in  this  state,  or foreign banking corporation to appear before him or
    36  her, at a time and place fixed in said order, to present an  explanation
    37  of such apparent violation.
    38    2.  To discontinue unauthorized or unsafe and unsound practices. When-
    39  ever it shall appear to the superintendent that  any  banking  organiza-
    40  tion,  bank  holding company, registered mortgage broker, licensed mort-
    41  gage banker, licensed student loan servicer,  registered  mortgage  loan
    42  servicer,  licensed  mortgage loan originator, licensed lender, licensed
    43  casher of checks, licensed sales  finance  company,  licensed  insurance
    44  premium  finance  agency, licensed transmitter of money, licensed budget
    45  planner, out-of-state state bank that maintains a branch or branches  or
    46  representative or other offices in this state, or foreign banking corpo-
    47  ration  licensed  by  the superintendent to do business in this state is
    48  conducting business in an unauthorized or unsafe and unsound manner,  he
    49  or  she  may,  in  his  or  her discretion, issue an order directing the
    50  discontinuance of such unauthorized or unsafe and unsound practices, and
    51  fixing a time and place at which such banking organization, bank holding
    52  company, registered mortgage broker, licensed mortgage banker,  licensed
    53  student loan servicer, registered mortgage loan servicer, licensed mort-
    54  gage  loan  originator,  licensed  lender,  licensed  casher  of checks,
    55  licensed sales finance company, licensed insurance premium finance agen-
    56  cy, licensed transmitter of money, licensed budget planner, out-of-state

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

        S. 1508                            48                            A. 2008
 
     1  books  or accounts as he or she may, in his or her discretion, determine
     2  and prescribe for the purpose of keeping accurate and convenient records
     3  of its transactions and accounts.
     4    6. As used in this section, "bank holding company" shall have the same
     5  meaning as that term is defined in section one hundred forty-one of this
     6  chapter.
     7    §  4. Paragraph (a) of subdivision 1 of section 44 of the banking law,
     8  as amended by chapter 155 of the laws of 2012, is  amended  to  read  as
     9  follows:
    10    (a) Without limiting any power granted to the superintendent under any
    11  other provision of this chapter, the superintendent may, in a proceeding
    12  after  notice  and a hearing, require any safe deposit company, licensed
    13  lender, licensed casher  of  checks,  licensed  sales  finance  company,
    14  licensed  insurance  premium  finance  agency,  licensed  transmitter of
    15  money, licensed mortgage banker, licensed student loan servicer,  regis-
    16  tered  mortgage  broker,  licensed  mortgage loan originator, registered
    17  mortgage loan servicer or licensed budget planner to pay to  the  people
    18  of  this  state  a  penalty for any violation of this chapter, any regu-
    19  lation promulgated thereunder,  any  final  or  temporary  order  issued
    20  pursuant  to  section thirty-nine of this article, any condition imposed
    21  in writing by the superintendent in connection with  the  grant  of  any
    22  application  or  request, or any written agreement entered into with the
    23  superintendent.
    24    § 5. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law.
 
    26                                   PART M

    27    Section 1. Section 2 of part FF of chapter 55  of  the  laws  of  2017
    28  relating  to motor vehicles equipped with autonomous vehicle technology,
    29  as amended by section 2 of part H of chapter 58 of the laws of 2018,  is
    30  amended to read as follows:
    31    §  2.  The  commissioner of motor vehicles shall, in consultation with
    32  the superintendent of state police, submit a report to the governor, the
    33  temporary president of the senate, the speaker of the assembly, and  the
    34  chairs  of  the  senate  and  assembly  transportation committees on the
    35  demonstrations and tests authorized by section one  of  this  act.  Such
    36  report shall include, but not be limited to, a description of the param-
    37  eters  and  purpose  of  such  demonstrations and tests, the location or
    38  locations where demonstrations and  tests  were  conducted,  the  demon-
    39  strations'  and  tests'  impacts  on  safety,  traffic  control, traffic
    40  enforcement, emergency services, and such other areas as may be  identi-
    41  fied  by  such  commissioner. Such commissioner shall submit such report
    42  [on or before June 1, 2018 and June 1, 2019] June  first  of  each  year
    43  this section remains in effect.
    44    §  2.  Section 3 of part FF of chapter 55 of the laws of 2017 relating
    45  to motor  vehicles  equipped  with  autonomous  vehicle  technology,  as
    46  amended  by  section  3  of part H of chapter 58 of the laws of 2018, is
    47  amended to read as follows:
    48    § 3. This act shall take effect April 1, 2017; provided, however, that
    49  section one of this act shall expire and be  deemed  repealed  April  1,
    50  [2019] 2021.
    51    §  3. a. The New York state commissioner of motor vehicles may approve
    52  demonstrations and tests consisting of the operation of a motor  vehicle
    53  equipped  with autonomous vehicle technology while such motor vehicle is
    54  engaged in the use of such technology on  public  highways  within  this

        S. 1508                            49                            A. 2008
 
     1  state for the purposes of demonstrating and assessing the current devel-
     2  opment  of autonomous vehicle technology and to begin identifying poten-
     3  tial impacts of such technology  on  safety,  traffic  control,  traffic
     4  enforcement,  emergency services, and such other areas as may be identi-
     5  fied by such commissioner. Such  demonstrations  and  tests  shall  take
     6  place in a manner and form prescribed by the commissioner of motor vehi-
     7  cles including, but not limited to: a requirement that the motor vehicle
     8  utilized  in  such demonstrations and tests complies with all applicable
     9  federal motor vehicle safety standards and New York state motor  vehicle
    10  inspection  standards; and a requirement that the motor vehicle utilized
    11  in such demonstrations and tests has in place, at a  minimum,  financial
    12  security  in  the  amount  of  five million dollars. Nothing in this act
    13  shall authorize the motor vehicle utilized in  such  demonstrations  and
    14  tests  to  operate  in violation of article 22 or title 7 of the vehicle
    15  and traffic law, excluding section 1226 of such law.
    16    b. For the purposes of this  section,  the  term  "autonomous  vehicle
    17  technology"  shall  mean the hardware and software that are collectively
    18  capable of performing part or all of  the  dynamic  driving  task  on  a
    19  sustained  basis,  and the term "dynamic driving task" shall mean all of
    20  the real-time operational and tactical functions required to  operate  a
    21  vehicle  in  on-road  traffic, excluding the strategic functions such as
    22  trip scheduling and selection of destinations and waypoints.
    23    § 4. The commissioner of motor vehicles shall,  in  consultation  with
    24  the superintendent of state police, submit a report to the governor, the
    25  temporary  president of the senate, the speaker of the assembly, and the
    26  chairs of the senate  and  assembly  transportation  committees  on  the
    27  demonstrations  and  tests authorized by section three of this act. Such
    28  report shall include, but not be limited to, a description of the param-
    29  eters and purpose of such demonstrations  and  tests,  the  location  or
    30  locations  where  demonstrations  and  tests  were conducted, the demon-
    31  strations' and  tests'  impacts  on  safety,  traffic  control,  traffic
    32  enforcement,  emergency services, and such other areas as may be identi-
    33  fied by such commissioner. The commissioner shall submit such report  on
    34  or  before  June first of each year section three of this act remains in
    35  effect.
    36    § 5. Section 1226 of the vehicle and traffic law is REPEALED.
    37    § 6. The commissioner of motor  vehicles  and  the  superintendent  of
    38  financial services shall establish regulations consistent with this act.
    39    §  7.  This act shall take effect immediately; provided, however, that
    40  sections three, four, and five of this act shall take  effect  April  1,
    41  2021.
 
    42                                   PART N
 
    43    Section  1. Section 6 of chapter 713 of the laws of 1988, amending the
    44  vehicle and traffic  law  relating  to  the  ignition  interlock  device
    45  program, as amended by section 14 of part A of chapter 55 of the laws of
    46  2017, is amended to read as follows:
    47    §  6.  This  act  shall  take  effect  on  the first day of April next
    48  succeeding the date on which it  shall  have  become  a  law;  provided,
    49  however,  that  effective immediately, the addition, amendment or repeal
    50  of any rule or regulation necessary for the implementation of the  fore-
    51  going  sections  of  this  act on their effective date is authorized and
    52  directed to be made and completed on or before such effective  date  and
    53  shall  remain in full force and effect until the first day of September,

        S. 1508                            50                            A. 2008
 
     1  [2019] 2021 when upon such date the provisions  of  this  act  shall  be
     2  deemed repealed.
     3    § 2. This act shall take effect immediately.
 
     4                                   PART O

     5    Section  1.  Subdivision (p) of section 406 of chapter 166 of the laws
     6  of 1991, amending the tax law and  other  laws  relating  to  taxes,  as
     7  amended  by  section  12 of part A of chapter 55 of the laws of 2017, is
     8  amended to read as follows:
     9    (p) The amendments to section 1809 of the vehicle and traffic law made
    10  by sections three hundred thirty-seven and three hundred thirty-eight of
    11  this act shall not apply to any offense committed prior to  such  effec-
    12  tive  date;  provided,  further, that section three hundred forty-one of
    13  this act shall take effect immediately and shall expire November 1, 1993
    14  at which time it  shall  be  deemed  repealed;  sections  three  hundred
    15  forty-five  and  three  hundred  forty-six of this act shall take effect
    16  July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
    17  six,  three hundred fifty-seven and three hundred fifty-nine of this act
    18  shall take effect immediately and shall expire June 30, 1995  and  shall
    19  revert to and be read as if this act had not been enacted; section three
    20  hundred  fifty-eight of this act shall take effect immediately and shall
    21  expire June 30, 1998 and shall revert to and be read as if this act  had
    22  not been enacted; section three hundred sixty-four through three hundred
    23  sixty-seven  of  this  act  shall apply to claims filed on or after such
    24  effective date; sections three hundred sixty-nine, three hundred  seven-
    25  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
    26  hundred seventy-five and three hundred seventy-six  of  this  act  shall
    27  remain  in  effect  until  September  1, [2019] 2021, at which time they
    28  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
    29  surcharge  provided  in  section  three hundred seventy-four of this act
    30  shall apply to parking violations occurring on or after  said  effective
    31  date;  and  provided  further that the amendments made to section 235 of
    32  the vehicle and traffic law by section three hundred seventy-two of this
    33  act, the amendments made to section 1809 of the vehicle and traffic  law
    34  by sections three hundred thirty-seven and three hundred thirty-eight of
    35  this  act  and  the amendments made to section 215-a of the labor law by
    36  section three hundred seventy-five of this act shall expire on September
    37  1, [2019] 2021 and upon such date the provisions  of  such  subdivisions
    38  and  sections  shall  revert to and be read as if the provisions of this
    39  act had not been enacted; the amendments to  subdivisions  2  and  3  of
    40  section  400.05 of the penal law made by sections three hundred seventy-
    41  seven and three hundred seventy-eight of this act shall expire  on  July
    42  1,  1992  and  upon  such date the provisions of such subdivisions shall
    43  revert and shall be read as if the provisions of this act had  not  been
    44  enacted;  the  state board of law examiners shall take such action as is
    45  necessary to assure that all applicants for examination for admission to
    46  practice as an attorney and counsellor at law shall  pay  the  increased
    47  examination fee provided for by the amendment made to section 465 of the
    48  judiciary  law by section three hundred eighty of this act for any exam-
    49  ination given on or after the effective date of this act notwithstanding
    50  that an applicant for such examination may have prepaid a lesser fee for
    51  such examination as required by the provisions of such section 465 as of
    52  the date prior to the effective date of  this  act;  the  provisions  of
    53  section  306-a  of  the civil practice law and rules as added by section
    54  three hundred eighty-one of this act shall apply to all actions  pending

        S. 1508                            51                            A. 2008
 
     1  on  or  commenced on or after September 1, 1991, provided, however, that
     2  for the purposes of this section service of such summons made  prior  to
     3  such  date  shall be deemed to have been completed on September 1, 1991;
     4  the  provisions  of section three hundred eighty-three of this act shall
     5  apply to all money deposited  in  connection  with  a  cash  bail  or  a
     6  partially  secured  bail  bond  on or after such effective date; and the
     7  provisions of sections  three  hundred  eighty-four  and  three  hundred
     8  eighty-five  of  this  act  shall  apply  only to jury service commenced
     9  during a judicial term beginning on or after the effective date of  this
    10  act; provided, however, that nothing contained herein shall be deemed to
    11  affect  the  application,  qualification,  expiration  or  repeal of any
    12  provision of law amended by any section of this act and such  provisions
    13  shall  be  applied or qualified or shall expire or be deemed repealed in
    14  the same manner, to the same extent and on the same date as the case may
    15  be as otherwise provided by law;
    16    § 2. Subdivision 8 of section 1809 of the vehicle and traffic law,  as
    17  amended  by  section  13 of part A of chapter 55 of the laws of 2017, is
    18  amended to read as follows:
    19    8. The provisions of this section shall only apply to offenses commit-
    20  ted on or before September first, two thousand [nineteen] twenty-one.
    21    § 3. This act shall take effect immediately.

    22                                   PART P
 
    23    Section 1.  The vehicle and traffic law is amended by adding  two  new
    24  sections 114-e and 114-f to read as follows:
    25    §  114-e. Locally authorized scooter. Every two-wheeled device that is
    26  no more than forty-one inches in length, seventeen inches in width,  and
    27  forty-five  inches  in  height, which does not have a seat or saddle, is
    28  designed to transport one person standing  on  the  device  and  can  be
    29  propelled  by  any  power  other than muscular power. Such device may be
    30  lawfully operated on public highways pursuant to  article  thirty-four-D
    31  of  this  chapter  only  within such counties, cities, towns or villages
    32  that have authorized such operation by local law, ordinance, order, rule
    33  or regulation.
    34    § 114-f. Locally authorized motorcycle. Every motor vehicle, including
    35  one partially powered by human power, other than one registered or capa-
    36  ble of being registered pursuant to this  chapter  as  a  motorcycle  or
    37  limited  use  motorcycle,  having  a seat or a saddle for the use of the
    38  rider and designed to travel on two wheels and having a maximum perform-
    39  ance speed of not more than twenty miles per hour. Such  device  may  be
    40  lawfully  operated  on public highways pursuant to article thirty-four-E
    41  of this chapter only within such counties,  cities,  towns  or  villages
    42  that have authorized such operation by local law, ordinance, order, rule
    43  or regulation.
    44    § 2. Section 125 of the vehicle and traffic law, as amended by chapter
    45  365 of the laws of 2008, is amended to read as follows:
    46    § 125. Motor  vehicles. Every vehicle operated or driven upon a public
    47  highway which is propelled by  any  power  other  than  muscular  power,
    48  except  (a)  electrically-driven mobility assistance devices operated or
    49  driven by a person with a disability, (a-1) electric personal  assistive
    50  mobility  devices  operated  outside  a  city  with  a population of one
    51  million or  more,  (a-2)  locally  authorized  scooters,  (a-3)  locally
    52  authorized  motorcycles,  (b)  vehicles  which  run  only  upon rails or
    53  tracks, (c) snowmobiles as defined in article forty-seven of this  chap-
    54  ter, and (d) all terrain vehicles as defined in article forty-eight-B of

        S. 1508                            52                            A. 2008

     1  this  chapter.  For the purposes of title four of this chapter, the term
     2  motor vehicle shall exclude fire and police vehicles  other  than  ambu-
     3  lances.    For  the purposes of titles four and five of this chapter the
     4  term  motor  vehicles  shall  exclude farm type tractors and all terrain
     5  type vehicles used exclusively for agricultural purposes,  or  for  snow
     6  plowing,  other  than for hire, farm equipment, including self-propelled
     7  machines used  exclusively  in  growing,  harvesting  or  handling  farm
     8  produce,  and self-propelled caterpillar or crawler-type equipment while
     9  being operated on the contract site.
    10    § 3. The vehicle and traffic law is amended by adding  a  new  article
    11  34-D to read as follows:
    12                                ARTICLE 34-D
    13                  OPERATION OF LOCALLY AUTHORIZED SCOOTERS
    14  Section 1280. Effect of requirements.
    15          1281. Traffic laws apply to persons operating locally authorized
    16                  scooters; local laws.
    17          1282. Operating locally authorized scooters.
    18          1283. Clinging to vehicles.
    19          1284. Riding  on roadways, shoulders and lanes reserved for non-
    20                  motorized vehicles and devices.
    21          1285. Lamps and other equipment.
    22          1286. Operators to wear protective headgear.
    23          1287. Leaving the scene  of  an  incident  involving  a  locally
    24                  authorized scooter without reporting.
    25          1288. Operation  of a locally authorized scooter while under the
    26                  influence of alcohol or drugs.
    27    § 1280. Effect of requirements. The parent of any child and the guard-
    28  ian of any ward shall not authorize or knowingly permit any  such  child
    29  or ward to violate any of the provisions of this article.
    30    §  1281.  Traffic  laws  apply to persons operating locally authorized
    31  scooters; local laws. 1.  Locally authorized scooters may only be  oper-
    32  ated  on  public  highways with a posted speed limit of thirty miles per
    33  hour or less, including non-interstate public  highways,  private  roads
    34  open  to  motor vehicle traffic, and designated bicycle or in-line skate
    35  lanes. Every person operating a locally authorized scooter upon a  high-
    36  way  or  roadway shall be granted all of the rights and shall be subject
    37  to all of the duties applicable to the  driver  of  a  vehicle  by  this
    38  title,  except  as to special requirements in this article and except as
    39  to those provisions of this title which by  their  nature  can  have  no
    40  application.
    41    2.  Notwithstanding  the provisions of subdivision one of this section
    42  the governing body of any county, city, town or village  may,  by  local
    43  law,  ordinance, order, rule or regulation, further regulate the maximum
    44  speed, time, place and manner of the  operation  of  locally  authorized
    45  scooters including authorizing the use of locally authorized scooters on
    46  sidewalks,  and  limiting  or  prohibiting  the use thereof in specified
    47  areas under the jurisdiction of such county, city, town or village.
    48    § 1282. Operating locally authorized scooters. 1. No  locally  author-
    49  ized scooter shall be used to carry more than one person at one time. No
    50  person  operating a locally authorized scooter shall carry any person as
    51  a passenger in a pack fastened to  the  operator  or  fastened  to  such
    52  scooter.
    53    2. No person shall operate a locally authorized scooter outside during
    54  the  period of time between one-half hour after sunset and one-half hour
    55  before sunrise unless such person is wearing readily visible  reflective
    56  clothing or material which is of a light or bright color.

        S. 1508                            53                            A. 2008
 
     1    3.  No  person  operating a locally authorized scooter shall carry any
     2  package, bundle or article which prevents the operator from  keeping  at
     3  least one hand upon the handle bars or which obstructs his or her vision
     4  in any direction.
     5    4. Every person operating a locally authorized scooter shall yield the
     6  right of way to pedestrians and motor vehicles.
     7    5.  Every  operator  of  a locally authorized scooter shall be sixteen
     8  years of age or older.
     9    6. No person shall operate a locally authorized scooter in  excess  of
    10  twenty miles per hour.
    11    7.  If  the  governing body of any county, city, town or village shall
    12  authorize the use of locally authorized scooters upon any sidewalk, such
    13  authorization shall not permit the  operation  thereof  at  a  speed  in
    14  excess  of  eight miles per hour. Additionally, if such authorization is
    15  granted, no operator of a locally authorized scooter  shall  overtake  a
    16  pedestrian  on a sidewalk unless there is adequate space for the locally
    17  authorized scooter to pass around the pedestrian and warning is given to
    18  such pedestrian through the audible device defined in subdivision two of
    19  section twelve hundred eighty-five of this article.
    20    8. A first violation of the provisions of this section shall result in
    21  no fine. A second or subsequent violation shall result in a  civil  fine
    22  not to exceed fifty dollars.
    23    § 1283. Clinging to vehicles. 1. No person operating a locally author-
    24  ized  scooter  shall  attach  such scooter, or himself or herself to any
    25  vehicle being operated upon a roadway.
    26    2. No vehicle operator shall knowingly permit any person to attach any
    27  locally authorized scooter or himself  or  herself  to  such  operator's
    28  vehicle in violation of subdivision one of this section.
    29    §  1284.  Riding on roadways, shoulders and lanes reserved for non-mo-
    30  torized vehicles and devices. 1. Upon all roadways, any locally  author-
    31  ized  scooter  shall  be  operated either on a usable bicycle or in-line
    32  skate lane or, if a usable bicycle or in-line skate lane  has  not  been
    33  provided,  near  the  right-hand  curb  or edge of the roadway or upon a
    34  usable right-hand shoulder in such a manner as to prevent  undue  inter-
    35  ference  with  the flow of traffic except when preparing to turn left at
    36  an intersection or when reasonably necessary to  avoid  conditions  that
    37  would  make it unsafe to continue along near the right-hand curb or edge
    38  of the roadway. Conditions to be taken into consideration  include,  but
    39  are not limited to, fixed or moving objects, vehicles, bicycles, in-line
    40  skaters,  pedestrians,  animals,  surface  hazards and traffic lanes too
    41  narrow for a locally authorized scooter and a vehicle to  travel  safely
    42  side-by-side within the lane.
    43    2.  Persons operating locally authorized scooters upon a roadway shall
    44  ride single file.  Persons operating locally authorized scooters upon  a
    45  shoulder,  bicycle  or  in-line  skate lane, or bicycle or in-line skate
    46  path, intended for the use  of  bicycles,  electric  personal  assistive
    47  mobility devices, locally authorized scooters, locally authorized motor-
    48  cycles  or  in-line  skates  may  ride two or more abreast if sufficient
    49  space is available, except that when passing a vehicle,  bicycle,  elec-
    50  tric  personal  assistive  mobility  device, locally authorized scooter,
    51  person on in-line skates or pedestrian standing or proceeding along such
    52  shoulder, lane or path, persons operating  locally  authorized  scooters
    53  shall operate such scooter in single file.
    54    3.  Any  person operating a locally authorized scooter who is entering
    55  the roadway from a private road, driveway, alley or over  a  curb  shall
    56  come to a full stop before entering the roadway.

        S. 1508                            54                            A. 2008
 
     1    § 1285. Lamps and other equipment. 1. Every locally authorized scooter
     2  when  in  use  during the period from one-half hour after sunset to one-
     3  half hour before sunrise shall be equipped with  a  lamp  on  the  front
     4  which  shall  emit a white light visible during hours of darkness from a
     5  distance of at least five hundred feet to the front and with a red light
     6  visible to the rear for three hundred feet. At least one of these lights
     7  shall be visible for two hundred feet from each side.
     8    2.  No  person shall operate a locally authorized scooter unless it is
     9  equipped with a bell or other device capable of giving a signal  audible
    10  for  a  distance  of at least one hundred feet, except that such scooter
    11  shall not be equipped with nor shall any person use  upon  such  scooter
    12  any siren or whistle.
    13    3.  Every  locally  authorized scooter shall be equipped with a system
    14  that enables the operator to bring the device to a controlled stop.
    15    § 1286. Operators to wear protective headgear. 1. No person shall ride
    16  upon, propel or otherwise operate a locally  authorized  scooter  unless
    17  such  person  is  wearing  a helmet meeting standards established by the
    18  commissioner pursuant to the provisions of subdivision two-a of  section
    19  twelve  hundred thirty-eight of this title. As used in this subdivision,
    20  wearing a helmet means having a properly fitting helmet  fixed  securely
    21  on the head of such wearer with the helmet straps securely fastened.
    22    2.  Any  person who violates the provisions of subdivision one of this
    23  section shall pay a civil fine not to exceed fifty dollars.
    24    3. The court shall waive any fine for which a person who violates  the
    25  provisions  of  subdivision  one of this section would be liable if such
    26  person supplies the court with proof that between the date of  violation
    27  and  the  appearance  date  for  such violation such person purchased or
    28  rented a helmet, which meets the requirements of subdivision one of this
    29  section, or if the court finds that due to reasons of economic  hardship
    30  such  person  was  unable  to  purchase a helmet or due to such economic
    31  hardship such person was unable to obtain a helmet  from  the  statewide
    32  in-line skate and bicycle helmet distribution program, as established in
    33  section two hundred six of the public health law or a local distribution
    34  program.  Such  waiver of fine shall not apply to a second or subsequent
    35  conviction under subdivision one of this section.
    36    4. The failure of any person to comply with  the  provisions  of  this
    37  section  shall  not  constitute contributory negligence or assumption of
    38  risk, and shall not in any way bar, preclude or foreclose an action  for
    39  personal injury or wrongful death by or on behalf of such person, nor in
    40  any way diminish or reduce the damages recoverable in any such action.
    41    5.  A  police  officer  shall  only issue a summons for a violation of
    42  subdivision one of this section by a person less than fourteen years  of
    43  age  to  the  parent or guardian of such person if the violation by such
    44  person occurs in the presence of such person's parent  or  guardian  and
    45  where  such  parent  or guardian is eighteen years of age or older. Such
    46  summons shall only be issued to such parent or guardian, and  shall  not
    47  be issued to the person less than fourteen years of age.
    48    §  1287.  Leaving the scene of an incident involving a locally author-
    49  ized scooter without reporting. 1. (a) Any person eighteen years of  age
    50  or  older  operating a locally authorized scooter who, knowing or having
    51  cause to know, that physical injury, as defined in subdivision  nine  of
    52  section  10.00  of the penal law, has been caused to another person, due
    53  to the operation of such  locally  authorized  scooter  by  such  person
    54  shall,  before  leaving  the  place where such physical injury occurred,
    55  stop and provide his or her name and  residence,  including  street  and
    56  street  number, to the injured party, if practical, and also to a police

        S. 1508                            55                            A. 2008
 
     1  officer, or in the event that no police officer is in  the  vicinity  of
     2  the place of said injury, then such person shall report said incident as
     3  soon  as physically able to the nearest police station or judicial offi-
     4  cer.
     5    (b)  A  violation  of  paragraph  (a)  of  this subdivision shall be a
     6  violation.
     7    2. (a) Any person eighteen years of age or older operating  a  locally
     8  authorized  scooter  who  knowing  or having cause to know, that serious
     9  physical injury, as defined in subdivision ten of section 10.00  of  the
    10  penal  law,  has  been caused to another person, due to the operation of
    11  such locally authorized scooter by such person shall, before leaving the
    12  place where such serious physical injury occurred, stop and provide  his
    13  or  her  name  and residence, including street and street number, to the
    14  injured party, if practical, and also to a police  officer,  or  in  the
    15  event  that  no  police  officer is in the vicinity of the place of said
    16  injury, then such person shall report said incident  as  soon  as  phys-
    17  ically able to the nearest police station or judicial officer.
    18    (b)  A violation of paragraph (a) of this subdivision shall be a class
    19  B misdemeanor.
    20    § 1288. Operation of a locally  authorized  scooter  while  under  the
    21  influence  of alcohol or drugs. 1. Offenses; criminal penalties.  (a) No
    22  person shall operate a locally authorized scooter while his or her abil-
    23  ity to operate such  locally  authorized  scooter  is  impaired  by  the
    24  consumption of alcohol.
    25    (i)  A violation of this  subdivision shall be an offense and shall be
    26  punishable by a fine of not less than three  hundred  dollars  nor  more
    27  than five hundred dollars, or by imprisonment in a penitentiary or coun-
    28  ty  jail for not more than fifteen days, or by both such fine and impri-
    29  sonment.
    30    (ii) A person who operates a locally authorized scooter  in  violation
    31  of this subdivision after being convicted of a violation of any subdivi-
    32  sion  of  this section within the preceding five years shall be punished
    33  by a fine of not less than five hundred  dollars  nor  more  than  seven
    34  hundred  fifty  dollars, or by imprisonment of not more than thirty days
    35  in a penitentiary or county jail or by both such fine and imprisonment.
    36    (iii) A person who operates a locally authorized scooter in  violation
    37  of  this  subdivision  after  being  convicted  two  or  more times of a
    38  violation of any subdivision of this section within  the  preceding  ten
    39  years  shall be guilty of a misdemeanor, and shall be punished by a fine
    40  of not less than seven hundred  fifty  dollars  nor  more  than  fifteen
    41  hundred  dollars, or by imprisonment of not more than one hundred eighty
    42  days in a penitentiary or county jail or by both such fine and imprison-
    43  ment.
    44    (b) No such person shall operate a locally authorized scooter while he
    45  or she has .08 of one per centum or more by weight of alcohol in his  or
    46  her  blood, breath, urine, or saliva, as determined by the chemical test
    47  made pursuant to the provisions of subdivision five of this section.
    48    (c) No such person shall operate a locally authorized scooter while he
    49  or she has .04 of one per centum or more by weight of alcohol in his  or
    50  her  blood, breath, urine, or saliva, as determined by the chemical test
    51  made pursuant to the provisions of subdivision five of this section.
    52    (d) No person shall operate a locally authorized scooter while  he  or
    53  she is in an intoxicated condition.
    54    (e)  No person shall operate a locally authorized scooter while his or
    55  her ability to operate such locally authorized scooter  is  impaired  by

        S. 1508                            56                            A. 2008
 
     1  the  use  of  a drug as defined by section one hundred fourteen-a of the
     2  this chapter.
     3    (f)  No person shall operate a locally authorized scooter while his or
     4  her ability to operate such locally authorized scooter  is  impaired  by
     5  the  combined  influence of drugs or of alcohol and any drug or drugs as
     6  defined by section one hundred fourteen-a of this chapter.
     7    (g)(i) A violation of paragraph (b), (c), (d),  (e)  or  (f)  of  this
     8  subdivision  shall be a misdemeanor and shall be punishable by imprison-
     9  ment in a penitentiary or county jail for not more than one year, or  by
    10  a  fine of not less than five hundred dollars nor more than one thousand
    11  dollars, or by both such fine and imprisonment.
    12    (ii) A person who operates a locally authorized scooter  in  violation
    13  of  paragraph (b), (c), (d), (e) or (f) of this subdivision after having
    14  been convicted of a violation of paragraph (b), (c), (d), (e) or (f)  of
    15  this  subdivision,  or  of  operating a locally authorized scooter while
    16  intoxicated or while under the influence of drugs, or  while  under  the
    17  combined  influence of drugs or of alcohol and any drug or drugs, within
    18  the preceding ten years, shall be guilty of a class E felony  and  shall
    19  be punished by a period of imprisonment as provided in the penal law, or
    20  by a fine of not less than one thousand dollars nor more than five thou-
    21  sand dollars, or by both such fine and imprisonment.
    22    (iii)  A person who operates a locally authorized scooter in violation
    23  of paragraph (b), (c), (d), (e) or (f) of this subdivision after  having
    24  been  twice  convicted of a violation of any of such paragraph (b), (c),
    25  (d), (e) or (f) of this subdivision or of operating a locally authorized
    26  scooter while intoxicated or under the  influence  of  drugs,  or  while
    27  under  the  combined  influence  of  drugs or of alcohol and any drug or
    28  drugs, within the preceding ten years, shall be  guilty  of  a  class  D
    29  felony  and  shall  be  punished by a fine of not less than two thousand
    30  dollars nor more than ten thousand dollars or by a period  of  imprison-
    31  ment  as  provided  in the penal law, or by both such fine and imprison-
    32  ment.
    33    2. Sentencing limitations. Notwithstanding any provision of the  penal
    34  law,  no  judge  or  magistrate shall impose a sentence of unconditional
    35  discharge or a violation of paragraph (b),  (c),  (d),  (e)  or  (f)  of
    36  subdivision one of this section nor shall he or she impose a sentence of
    37  conditional  discharge  unless such conditional discharge is accompanied
    38  by a sentence of a fine as provided in this section.
    39    3. Sentencing; previous convictions. When sentencing a  person  for  a
    40  violation  of  paragraph (b), (c), (d), (e) or (f) of subdivision one of
    41  this section pursuant to subparagraph (ii) of paragraph (g) of  subdivi-
    42  sion one of this section, the court shall consider any prior convictions
    43  the  person  may  have for a violation of subdivision two, two-a, three,
    44  four, or four-a of section eleven hundred ninety-two of this title with-
    45  in the preceding ten years. When sentencing a  person  for  a  violation
    46  paragraph  (b),  (c), (d), (e) or (f) of subdivision one of this section
    47  pursuant to subparagraph (iii) of paragraph (g) of  subdivision  one  of
    48  this  section, the court shall consider any prior convictions the person
    49  may have for a violation of subdivision  two,  two-a,  three,  four,  or
    50  four-a  of  section  eleven  hundred ninety-two of this title within the
    51  preceding ten years. When sentencing a person for a violation of subpar-
    52  agraph (ii) of paragraph (a) of subdivision one  of  this  section,  the
    53  court  shall  consider  any  prior convictions the person may have for a
    54  violation of any subdivision of section  eleven  hundred  ninety-two  of
    55  this title within the preceding five years. When sentencing a person for
    56  a violation of subparagraph (iii) of paragraph (a) of subdivision one of

        S. 1508                            57                            A. 2008
 
     1  this  section, the court shall consider any prior convictions the person
     2  may have for a violation of any subdivision of  section  eleven  hundred
     3  ninety-two of this title within the preceding ten years.
     4    4.  Arrest  and testing. (a) Notwithstanding the provisions of section
     5  140.10 of the criminal procedure law, a police officer  may,  without  a
     6  warrant,  arrest  a  person,  in case of a violation of any paragraph of
     7  subdivision one of this section, if such violation is  coupled  with  an
     8  accident  or  collision  in which such person is involved, which in fact
     9  had been committed, though not in the police officer's presence, when he
    10  or she has reasonable cause to believe that the violation was  committed
    11  by  such  person.  For  the  purposes of this subdivision police officer
    12  shall also include a peace officer authorized to  enforce  this  chapter
    13  when the alleged violation constitutes a crime.
    14    (b)  Breath  test  for operators of locally authorized scooters. Every
    15  person operating a locally authorized scooter which has been involved in
    16  an accident or which is operated in violation of any of  the  provisions
    17  of  this section which regulate the manner in which a locally authorized
    18  scooter is to be properly operated shall, at the  request  of  a  police
    19  officer,  submit to a breath test to be administered by the police offi-
    20  cer. If such test indicates that such operator has consumed alcohol, the
    21  police officer may request such operator to submit to a chemical test in
    22  the manner set forth in subdivision five of this section.
    23    5. Chemical tests. (a) Any person who operates  a  locally  authorized
    24  scooter  shall be requested to consent to a chemical test of one or more
    25  of the following: breath, blood, urine, or saliva  for  the  purpose  of
    26  determining  the alcoholic or drug content of his or her blood, provided
    27  that such test is administered at the direction of a police officer: (i)
    28  having reasonable cause to believe such person to have been operating in
    29  violation of this subdivision or paragraph (a), (b), (c),  (d),  (e)  or
    30  (f)  of  subdivision one of this section and within two hours after such
    31  person has been placed under arrest for any such violation or (ii) with-
    32  in two hours after a breath test as provided in paragraph (b) of  subdi-
    33  vision  four  this  section  indicates that alcohol has been consumed by
    34  such person and in accordance with the rules and regulations established
    35  by the police force of which the officer is a member.
    36    (b) For the purpose of this subdivision "reasonable  cause"  shall  be
    37  determined  by  viewing  the  totality  of circumstances surrounding the
    38  incident which, when taken together,  indicate  that  the  operator  was
    39  operating  a locally authorized scooter in violation of any paragraph of
    40  subdivision one of this section. Such circumstances may include, but are
    41  not limited to:   evidence that the operator  was  operating  a  locally
    42  authorized  scooter in violation of any provision of this chapter, local
    43  law, ordinance, order, rule or regulation which regulates the manner  in
    44  which  a  locally authorized scooter be properly operated at the time of
    45  the incident; any visible indication of alcohol or drug  consumption  or
    46  impairment  by  the operator; and other evidence surrounding the circum-
    47  stances of the incident which indicates that the operator has been oper-
    48  ating a locally authorized scooter while impaired by the consumption  of
    49  alcohol or drugs or was intoxicated at the time of the incident.
    50    6.  Chemical  test  evidence. (a) Upon the trial of any such action or
    51  proceeding arising out of actions alleged to have been committed by  any
    52  person  arrested  for a violation of any paragraph of subdivision one of
    53  this section, the court shall admit evidence of the amount of alcohol or
    54  drugs in the defendant's blood as shown by a test administered  pursuant
    55  to the provisions of subdivision five of this section.

        S. 1508                            58                            A. 2008

     1    (b)  The  following  effect shall be give to evidence of blood alcohol
     2  content, as determined by  such  tests,  of  a  person  arrested  for  a
     3  violation  of  any  paragraph of subdivision one of this section and who
     4  was operating a locally authorized scooter:
     5    (i) evidence that there was .05 of one per centum or less by weight of
     6  alcohol  in  such  person's blood shall be prima facie evidence that the
     7  ability of such person to operate a locally authorized scooter  was  not
     8  impaired  by the consumption of alcohol, and that such person was not in
     9  an intoxicated condition.
    10    (ii) evidence that there was more than .05 of one per centum but  less
    11  than  .07  of one per centum by weight of alcohol in such person's blood
    12  shall be prima facie evidence that such person was not in an intoxicated
    13  condition, but such evidence shall be relevant evidence but not be given
    14  prima facie effect, in determining whether the ability of such person to
    15  operate a locally authorized scooter was impaired by the consumption  of
    16  alcohol.
    17    (iii)  evidence  that there was .07 of one per centum or more but less
    18  than .08 of one per centum by weight of alcohol  in  his  or  her  blood
    19  shall be prima facie evidence that such person was not in an intoxicated
    20  condition, but such evidence shall be given prima facie effect in deter-
    21  mining  whether  the ability of such person to operate a locally author-
    22  ized scooter was impaired by the consumption of alcohol.
    23    (c) Evidence of a refusal to submit to a chemical test or any  portion
    24  thereof shall be admissible in any trial or hearing provided the request
    25  to  submit  to such a test was made in accordance with the provisions of
    26  subdivision five of this section.
    27    7. Limitations. (a) A  locally  authorized  scooter  operator  may  be
    28  convicted  of  a  violation  of paragraphs (a), (b), (d), (e) and (f) of
    29  subdivision one of this section, notwithstanding that  the  charge  laid
    30  before  the  court alleged a violation of paragraph (b), (d), (e) or (f)
    31  of subdivision one of this section, and regardless  of  whether  or  not
    32  such condition is based on a plea of guilty.
    33    (b)  In  any  case  wherein the charge laid before the court alleges a
    34  violation of paragraph (b), (c), (d), (e) or (f) of subdivision  one  of
    35  this  section,  any plea of guilty thereafter entered in satisfaction of
    36  such charge must include at least a plea of guilty to the  violation  of
    37  the  provisions  of one of the paragraphs of such subdivision one and no
    38  other disposition by plea of guilty to any other charge in  satisfaction
    39  of  such  charge shall be authorized; provided, however, if the district
    40  attorney upon reviewing  the  available  evidence  determines  that  the
    41  charge  of  a  violation  of  subdivision  one  of  this  section is not
    42  warranted, he or she may consent, and the court may allow, a disposition
    43  by a plea of guilty to another charge in satisfaction of such charge.
    44    § 4. The vehicle and traffic law is amended by adding  a  new  article
    45  34-E to read as follows:
    46                                ARTICLE 34-E
    47                 OPERATION OF LOCALLY AUTHORIZED MOTORCYCLES
    48  Section 1290. Effect of requirements.
    49          1291. Traffic laws apply to persons operating locally authorized
    50                  motorcycles; local laws.
    51          1292. Operating locally authorized motorcycles.
    52          1293. Clinging to vehicles.
    53          1294. Riding  on roadways, shoulders and lanes reserved for non-
    54                  motorized vehicles and devices.
    55          1295. Lamps and other equipment.
    56          1296. Operators to wear protective headgear.

        S. 1508                            59                            A. 2008
 
     1          1297. Leaving the scene  of  an  incident  involving  a  locally
     2                  authorized motorcycle without reporting.
     3          1298. Operation  of  a locally authorized motorcycle while under
     4                  the influence of alcohol or drugs.
     5    § 1290. Effect of requirements. The parent of any child and the guard-
     6  ian of any ward shall not authorize or knowingly permit any  such  child
     7  or ward to violate any of the provisions of this article.
     8    §  1291.  Traffic  laws  apply to persons operating locally authorized
     9  motorcycles; local laws. 1. Locally authorized motorcycles may  only  be
    10  operated  on  public  highways with a posted speed limit of thirty miles
    11  per hour or less,  including  non-interstate  public  highways,  private
    12  roads  open  to motor vehicle traffic, and designated bicycle or in-line
    13  skate lanes. Every person operating a locally authorized motorcycle upon
    14  a highway or roadway shall be granted all of the  rights  and  shall  be
    15  subject  to  all  of the duties applicable to the driver of a vehicle by
    16  this title, except as to special requirements in this article and except
    17  as to those provisions of this title which by their nature can  have  no
    18  application.
    19    2.  Notwithstanding  the provisions of subdivision one of this section
    20  the governing body of any county, city, town or village  may,  by  local
    21  law,  ordinance, order, rule or regulation, further regulate the maximum
    22  speed, time, place and manner of the  operation  of  locally  authorized
    23  motorcycles including authorizing the use of locally authorized motorcy-
    24  cles on sidewalks, and limiting or prohibiting the use thereof in speci-
    25  fied areas under the jurisdiction of such county, city, town or village.
    26    §  1292.  Operating  locally  authorized  motorcycles.  1.  no locally
    27  authorized motorcycle shall be used to carry more than one person at one
    28  time. No person operating a locally authorized  motorcycle  shall  carry
    29  any person as a passenger in a pack fastened to the operator or fastened
    30  to such motorcycle.
    31    2.  No  person  shall  operate a locally authorized motorcycle outside
    32  during the period of time between one-half hour after  sunset  and  one-
    33  half  hour  before sunrise unless such person is wearing readily visible
    34  reflective clothing or material which is of a light or bright color.
    35    3. No person operating a locally authorized motorcycle shall carry any
    36  package, bundle or article which prevents the operator from  keeping  at
    37  least one hand upon the handle bars or which obstructs his or her vision
    38  in any direction.
    39    4.  Every person operating a locally authorized motorcycle shall yield
    40  the right of way to pedestrians and motor vehicles.
    41    5. Every operator of a locally authorized motorcycle shall be  sixteen
    42  years of age or older.
    43    6.  No  person shall operate a locally authorized motorcycle in excess
    44  of twenty miles per hour.
    45    7. If the governing body of any county, city, town  or  village  shall
    46  authorize  the  use of locally authorized motorcycles upon any sidewalk,
    47  such authorization shall not permit the operation thereof at a speed  in
    48  excess  of  eight miles per hour. Additionally, if such authorization is
    49  granted, no operator of a locally authorized motorcycle shall overtake a
    50  pedestrian on a sidewalk unless there is adequate space for the  locally
    51  authorized motorcycle to pass around the pedestrian and warning is given
    52  to such pedestrian through the audible device defined in subdivision two
    53  of section twelve hundred ninety-five of this article.
    54    8. A first violation of the provisions of this section shall result in
    55  no  fine.  A second or subsequent violation shall result in a civil fine
    56  not to exceed fifty dollars.

        S. 1508                            60                            A. 2008
 
     1    § 1293. Clinging to vehicles. 1. No person operating a locally author-
     2  ized motorcycle shall attach such motorcycle, or himself or  herself  to
     3  any vehicle being operated upon a roadway.
     4    2. No vehicle operator shall knowingly permit any person to attach any
     5  locally  authorized  motorcycle or himself or herself to such operator's
     6  vehicle in violation of subdivision one of this section.
     7    § 1294. Riding on roadways, shoulders and lanes reserved  for  non-mo-
     8  torized  vehicles and devices. 1. Upon all roadways, any locally author-
     9  ized motorcycle shall be operated either on a usable bicycle or  in-line
    10  skate  lane  or,  if a usable bicycle or in-line skate lane has not been
    11  provided, near the right-hand curb or edge of  the  roadway  or  upon  a
    12  usable  right-hand  shoulder in such a manner as to prevent undue inter-
    13  ference with the flow of traffic except when preparing to turn  left  at
    14  an  intersection  or  when reasonably necessary to avoid conditions that
    15  would make it unsafe to continue along near the right-hand curb or  edge
    16  of  the  roadway. Conditions to be taken into consideration include, but
    17  are not limited to, fixed or moving objects, vehicles, bicycles, in-line
    18  skaters, pedestrians, animals, surface hazards  and  traffic  lanes  too
    19  narrow for a locally authorized motorcycle and a vehicle to travel safe-
    20  ly side-by-side within the lane.
    21    2.  Persons  operating  locally  authorized motorcycles upon a roadway
    22  shall ride single file.  Persons operating locally  authorized  motorcy-
    23  cles  upon  a  shoulder,  bicycle  or  in-line skate lane, or bicycle or
    24  in-line skate path, intended for the use of bicycles, electric  personal
    25  assistive  mobility devices, locally authorized scooter, locally author-
    26  ized motorcycles or in-line skates may  ride  two  or  more  abreast  if
    27  sufficient space is available, except that when passing a vehicle, bicy-
    28  cle,  electric  personal  assistive  mobility device, locally authorized
    29  scooter, locally authorized motorcycles, person  on  in-line  skates  or
    30  pedestrian  standing  or  proceeding  along such shoulder, lane or path,
    31  persons operating locally  authorized  motorcycles  shall  operate  such
    32  motorcycle in single file.
    33    3.  Any person operating a locally authorized motorcycle who is enter-
    34  ing the roadway from a private road, driveway,  alley  or  over  a  curb
    35  shall come to a full stop before entering the roadway.
    36    §  1295. Lamps and other equipment. 1. Every locally authorized motor-
    37  cycle when in use during the period from one-half hour after  sunset  to
    38  one-half  hour before sunrise shall be equipped with a lamp on the front
    39  which shall emit a white light visible during hours of darkness  from  a
    40  distance of at least five hundred feet to the front and with a red light
    41  visible to the rear for three hundred feet. At least one of these lights
    42  shall be visible for two hundred feet from each side.
    43    2.  No  person shall operate a locally authorized motorcycle unless it
    44  is equipped with a bell or other device capable of giving a signal audi-
    45  ble for a distance of at least one hundred feet, except that such motor-
    46  cycle shall not be equipped with nor shall  any  person  use  upon  such
    47  motorcycle any siren or whistle.
    48    3.  Every  locally  authorized motorcycle shall equipped with a system
    49  that enables the operator to bring the device to a controlled stop.
    50    § 1296. Operators to wear protective headgear. 1. No person shall ride
    51  upon, propel or otherwise operate a locally authorized motorcycle unless
    52  such person is wearing a helmet meeting  standards  established  by  the
    53  commissioner  pursuant to the provisions of subdivision two-a of section
    54  twelve hundred thirty-eight of this title. As used in this  subdivision,
    55  wearing  a  helmet means having a properly fitting helmet fixed securely
    56  on the head of such wearer with the helmet straps securely fastened.

        S. 1508                            61                            A. 2008
 
     1    2. Any person who violates the provisions of subdivision one  of  this
     2  section shall pay a civil fine not to exceed fifty dollars.
     3    3.  The court shall waive any fine for which a person who violates the
     4  provisions of subdivision one of this section would be  liable  if  such
     5  person  supplies the court with proof that between the date of violation
     6  and the appearance date for such  violation  such  person  purchased  or
     7  rented a helmet, which meets the requirements of subdivision one of this
     8  section,  or if the court finds that due to reasons of economic hardship
     9  such person was unable to purchase a helmet  or  due  to  such  economic
    10  hardship  such  person  was unable to obtain a helmet from the statewide
    11  in-line skate and bicycle helmet distribution program, as established in
    12  section two hundred six of the public health law or a local distribution
    13  program. Such waiver of fine shall not apply to a second  or  subsequent
    14  conviction under subdivision one of this section.
    15    4.  The  failure  of  any person to comply with the provisions of this
    16  section shall not constitute contributory negligence  or  assumption  of
    17  risk,  and shall not in any way bar, preclude or foreclose an action for
    18  personal injury or wrongful death by or on behalf of such person, nor in
    19  any way diminish or reduce the damages recoverable in any such action.
    20    5. A police officer shall only issue a  summons  for  a  violation  of
    21  subdivision  one of this section by a person less than fourteen years of
    22  age to the parent or guardian of such person if the  violation  by  such
    23  person  occurs  in  the presence of such person's parent or guardian and
    24  where such parent or guardian is eighteen years of age  or  older.  Such
    25  summons  shall  only be issued to such parent or guardian, and shall not
    26  be issued to the person less than fourteen years of age.
    27    § 1297. Leaving the scene of an incident involving a  locally  author-
    28  ized  motorcycle  without reporting. 1. (a) Any person eighteen years of
    29  age or older operating a locally authorized motorcycle who,  knowing  or
    30  having  cause  to  know, that physical injury, as defined in subdivision
    31  nine of section 10.00 of the penal  law,  has  been  caused  to  another
    32  person,  due  to  the operation of such locally authorized motorcycle by
    33  such person shall, before leaving the place where such  physical  injury
    34  occurred,  stop  and  provide  his  or her name and residence, including
    35  street and street number, to the injured party, if practical,  and  also
    36  to  a  police  officer, or in the event that no police officer is in the
    37  vicinity of the place of said injury, then such person shall report said
    38  incident as soon as physically able to the  nearest  police  station  or
    39  judicial officer.
    40    (b)  A  violation  of  paragraph  (a)  of  this subdivision shall be a
    41  violation.
    42    2. (a) Any person eighteen years of age or older operating  a  locally
    43  authorized motorcycle who, knowing or having cause to know, that serious
    44  physical  injury,  as defined in subdivision ten of section 10.00 of the
    45  penal law, has been caused to another person, due to  the  operation  of
    46  such  locally authorized motorcycle by such person shall, before leaving
    47  the place where such serious physical injury occurred, stop and  provide
    48  his  or  her  name and residence, including street and street number, to
    49  the injured party, if practical, and also to a police officer, or in the
    50  event that no police officer is in the vicinity of  the  place  of  said
    51  injury,  then  such  person  shall report said incident as soon as phys-
    52  ically able to the nearest police station or judicial officer.
    53    (b) A violation of paragraph (a) of this subdivision shall be a  class
    54  B misdemeanor.
    55    §  1298.  Operation of a locally authorized motorcycle while under the
    56  influence of alcohol or drugs. 1. Offenses; criminal penalties.  (a)  No

        S. 1508                            62                            A. 2008
 
     1  person  shall  operate  a locally authorized motorcycle while his or her
     2  ability to operate such locally authorized motorcycle is impaired by the
     3  consumption of alcohol.
     4    (i)  A  violation of this subdivision shall be an offense and shall be
     5  punishable by a fine of not less than three  hundred  dollars  nor  more
     6  than five hundred dollars, or by imprisonment in a penitentiary or coun-
     7  ty  jail for not more than fifteen days, or by both such fine and impri-
     8  sonment.
     9    (ii)  A  person  who  operates  a  locally  authorized  motorcycle  in
    10  violation  of  this  subdivision after being convicted of a violation of
    11  any subdivision of this section within the preceding five years shall be
    12  punished by a fine of not less than five hundred dollars nor  more  than
    13  seven  hundred fifty dollars, or by imprisonment of not more than thirty
    14  days in a penitentiary or county jail or by both such fine and imprison-
    15  ment.
    16    (iii) A  person  who  operates  a  locally  authorized  motorcycle  in
    17  violation of this subdivision after being convicted two or more times of
    18  a  violation of any subdivision of this section within the preceding ten
    19  years shall be guilty of a misdemeanor, and shall be punished by a  fine
    20  of  not  less  than  seven  hundred  fifty dollars nor more than fifteen
    21  hundred dollars, or by imprisonment of not more than one hundred  eighty
    22  days in a penitentiary or county jail or by both such fine and imprison-
    23  ment.
    24    (b) No such person shall operate a locally authorized motorcycle while
    25  he  or she has .08 of one per centum or more by weight of alcohol in his
    26  or her blood, breath, urine, or saliva, as determined  by  the  chemical
    27  test  made  pursuant  to  the  provisions  of  subdivision  five of this
    28  section.
    29    (c) No such person shall  operate  a  locally,  authorized  motorcycle
    30  while  he  or she has .04 of one per centum or more by weight of alcohol
    31  in his or her blood, breath, urine, or  saliva,  as  determined  by  the
    32  chemical  test  made  pursuant  to the provisions of subdivision five of
    33  this section.
    34    (d) No person shall operate a locally authorized motorcycle  while  he
    35  or she is in an intoxicated condition.
    36    (e)  No person shall operate a locally authorized motorcycle while his
    37  or her ability to operate such locally authorized motorcycle is impaired
    38  by the use of a drug as defined by section  one  hundred  fourteen-a  of
    39  this chapter.
    40    (f)  No person shall operate a locally authorized motorcycle while his
    41  or her ability to operate such locally authorized motorcycle is impaired
    42  by the combined influence of drugs or of alcohol and any drug  or  drugs
    43  as defined by section one hundred fourteen-a of this chapter.
    44    (g)  (i)  A  violation  of paragraph (b), (c), (d), (e) or (f) of this
    45  subdivision shall be a misdemeanor and shall be punishable by  imprison-
    46  ment  in a penitentiary or county jail for not more than one year, or by
    47  a fine of not less than five hundred dollars nor more than one  thousand
    48  dollars, or by both such fine and imprisonment.
    49    (ii)  A  person  who  operates  a  locally  authorized  motorcycle  in
    50  violation of paragraph (b), (c), (d), (e) or  (f)  of  this  subdivision
    51  after  having  been convicted of a violation of paragraph (b), (c), (d),
    52  (e) or (f) of this subdivision, or of  operating  a  locally  authorized
    53  motorcycle  while  intoxicated or while under the influence of drugs, or
    54  while under the combined influence of drugs or of alcohol and  any  drug
    55  or  drugs,  within the preceding ten years, shall be guilty of a class E
    56  felony and shall be punished by a period of imprisonment as provided  in

        S. 1508                            63                            A. 2008
 
     1  the  penal  law,  or by a fine of not less than one thousand dollars nor
     2  more than five thousand dollars, or by both such fine and imprisonment.
     3    (iii)  A  person  who  operates  a  locally  authorized  motorcycle in
     4  violation of paragraph (b), (c), (d), (e) or  (f)  of  this  subdivision
     5  after  having  been  twice convicted of a violation of any of such para-
     6  graph (b), (c), (d), (e) or (f) of this subdivision or  of  operating  a
     7  locally  authorized  motorcycle while intoxicated or under the influence
     8  of drugs, or while under the combined influence of drugs or  of  alcohol
     9  and  any  drug or drugs, within the preceding ten years, shall be guilty
    10  of a class D felony and shall be punished by a fine of not less than two
    11  thousand dollars nor more than ten thousand dollars or by  a  period  of
    12  imprisonment  as  provided  in  the  penal law, or by both such fine and
    13  imprisonment.
    14    2. Sentencing limitations. Notwithstanding any provision of the  penal
    15  law,  no  judge  or  magistrate shall impose a sentence of unconditional
    16  discharge or a violation of paragraph (b),  (c),  (d),  (e)  or  (f)  of
    17  subdivision one of this section nor shall he or she impose a sentence of
    18  conditional  discharge  unless such conditional discharge is accompanied
    19  by a sentence of a fine as provided in this section.
    20    3. Sentencing: previous convictions. When sentencing a  person  for  a
    21  violation  of  paragraph (b), (c), (d), (e) or (f) of subdivision one of
    22  this section pursuant to subparagraph (ii) of paragraph (g) of  subdivi-
    23  sion one of this section, the court shall consider any prior convictions
    24  the  person  may  have for a violation of subdivision two, two-a, three,
    25  four, or four-a of section eleven hundred ninety-two of this title with-
    26  in the preceding ten years.  When sentencing a person for a violation of
    27  paragraph (b), (c), (d), (e) or (f) of subdivision one of  this  section
    28  pursuant  to  subparagraph  (iii) of paragraph (g) of subdivision one of
    29  this section, the court shall consider any prior convictions the  person
    30  may  have  for  a  violation  of subdivision two, two-a, three, four, or
    31  four-a of section eleven hundred ninety-two of  this  title  within  the
    32  preceding ten years. When sentencing a person for a violation of subpar-
    33  agraph  (ii)  of  paragraph  (a) of subdivision one of this section, the
    34  court shall consider any prior convictions the person  may  have  for  a
    35  violation  of  any  subdivision  of section eleven hundred ninety-two of
    36  this title within the preceding five years. When sentencing a person for
    37  a violation of subparagraph (iii) of paragraph (a) of subdivision one of
    38  this section, the court shall consider any prior convictions the  person
    39  may  have  for  a violation of any subdivision of section eleven hundred
    40  ninety-two of this title within the preceding ten years.
    41    4. Arrest and testing. (a) Notwithstanding the provisions  of  section
    42  140.10  of  the  criminal procedure law, a police officer may, without a
    43  warrant, arrest a person, in case of a violation  of  any  paragraph  of
    44  subdivision  one  of  this section, if such violation is coupled with an
    45  accident or collision in which such person is involved,  which  in  fact
    46  had been committed, though not in the police officer's presence, when he
    47  or  she has reasonable cause to believe that the violation was committed
    48  by such person. For the purposes  of  this  subdivision  police  officer
    49  shall  also  include  a peace officer authorized to enforce this chapter
    50  when the alleged violation constitutes a crime.
    51    (b) Breath test  for  operators  of  locally  authorized  motorcycles.
    52  Every  person  operating  a locally authorized motorcycle which has been
    53  involved in an accident or which is operated in violation of any of  the
    54  provisions  of this section which regulate the manner in which a locally
    55  authorized motorcycle is to be properly operated shall, at  the  request
    56  of  a  police officer, submit to a breath test to be administered by the

        S. 1508                            64                            A. 2008

     1  police officer. If such test indicates that such operator  has  consumed
     2  alcohol,  the  police  officer  may request such operator to submit to a
     3  chemical test in the manner  set  forth  in  subdivision  five  of  this
     4  section.
     5    5.  Chemical  tests.  (a) Any person who operates a locally authorized
     6  motorcycle shall be requested to consent to a chemical test  of  one  or
     7  more  of  the following: breath, blood, urine, or saliva for the purpose
     8  of determining the alcoholic or  drug  content  of  his  or  her  blood,
     9  provided  that  such  test  is administered at the direction of a police
    10  officer: (i) having reasonable cause to believe such person to have been
    11  operating in violation of this subdivision or paragraph (a),  (b),  (c),
    12  (d),  (e) or (f) of subdivision one of this section and within two hours
    13  after such person has been placed under arrest for any such violation or
    14  (ii) within two hours after a breath test as provided in  paragraph  (b)
    15  of  subdivision  four  of  this  section indicates that alcohol has been
    16  consumed by such person and in accordance with the rules and regulations
    17  established by the police force of which the officer is a member.
    18    (b) For the purpose of this subdivision "reasonable  cause"  shall  be
    19  determined  by  viewing  the  totality  of circumstances surrounding the
    20  incident which, when taken together,  indicate  that  the  operator  was
    21  operating  a locally authorized motorcycle in violation of any paragraph
    22  of subdivision one of this section. Such circumstances may include,  but
    23  are  not  limited to: evidence that the operator was operating a locally
    24  authorized motorcycle in violation of any  provision  of  this  chapter,
    25  local  law,  ordinance,  order,  rule  or regulation which regulates the
    26  manner in which a locally authorized motorcycle be properly operated  at
    27  the  time  of  the  incident;  any visible indication of alcohol or drug
    28  consumption or impairment by the operator; and other evidence  surround-
    29  ing  the circumstances of the incident which indicates that the operator
    30  has been operating a locally authorized motorcycle while impaired by the
    31  consumption of alcohol or drugs or was intoxicated at the  time  of  the
    32  incident.
    33    6.  Chemical  test  evidence. (a) Upon the trial of any such action or
    34  proceeding arising out of actions alleged to have been committed by  any
    35  person  arrested  for a violation of any paragraph of subdivision one of
    36  this section, the court shall admit evidence of the amount of alcohol or
    37  drugs in the defendant's blood as shown by a test administered  pursuant
    38  to the provisions of subdivision five of this section.
    39    (b)  The  following effect shall be given to evidence of blood alcohol
    40  content, as determined by  such  tests,  of  a  person  arrested  for  a
    41  violation  of  any  paragraph of subdivision one of this section and who
    42  was operating a locally authorized motorcycle:
    43    (i) evidence that there was .05 of one per centum or less by weight of
    44  alcohol in such person's blood shall be prima facie  evidence  that  the
    45  ability  of  such  person to operate a locally authorized motorcycle was
    46  not impaired by the consumption of alcohol, and that such person was not
    47  in an intoxicated condition.
    48    (ii) evidence that there was more than .05 of one per centum but  less
    49  than  .07  of one per centum by weight of alcohol in such person's blood
    50  shall be prima facie evidence that such person was not in an intoxicated
    51  condition, but such evidence shall be relevant evidence but not be given
    52  prima facie effect, in determining whether the ability of such person to
    53  operate a locally authorized motorcycle was impaired by the  consumption
    54  of alcohol.
    55    (iii)  evidence  that there was .07 of one per centum or more but less
    56  than .08 of one per centum by weight of alcohol  in  his  or  her  blood

        S. 1508                            65                            A. 2008
 
     1  shall be prima facie evidence that such person was not in an intoxicated
     2  condition, but such evidence shall be given prima facie effect in deter-
     3  mining  whether  the ability of such person to operate a locally author-
     4  ized motorcycle was impaired by the consumption of alcohol.
     5    (c)  Evidence of a refusal to submit to a chemical test or any portion
     6  thereof shall be admissible in any trial or hearing provided the request
     7  to submit to such a test was made in accordance with the  provisions  of
     8  subdivision five of this section.
     9    7.  Limitations.  (a)  A locally authorized motorcycle operator may be
    10  convicted of a violation of paragraphs (a), (b), (d),  (e)  and  (f)  of
    11  subdivision  one  of  this section, notwithstanding that the charge laid
    12  before the court alleged a violation of paragraph (b), (d), (e)  or  (f)
    13  of  subdivision  one  of  this section, and regardless of whether or not
    14  such condition is based on a plea of guilty.
    15    (b) In any case wherein the charge laid before  the  court  alleges  a
    16  violation  of  paragraph (b), (c), (d), (e) or (f) of subdivision one of
    17  this section, any plea of guilty thereafter entered in  satisfaction  of
    18  such  charge  must include at least a plea of guilty to the violation of
    19  the provisions of one of the paragraphs of such subdivision one  and  no
    20  other  disposition by plea of guilty to any other charge in satisfaction
    21  of such charge shall be authorized; provided, however, if  the  district
    22  attorney  upon  reviewing  the  available  evidence  determines that the
    23  charge of a  violation  of  subdivision  one  of  this  section  is  not
    24  warranted, he or she may consent, and the court may allow, a disposition
    25  by plea of guilty to another charge in satisfaction of such charge.
    26    § 5. This act shall take effect immediately.
 
    27                                   PART Q
 
    28    Section  1.  Paragraph  (d) of section 304 of the business corporation
    29  law is amended to read as follows:
    30    (d) Any designated post office address maintained by the secretary  of
    31  state  as agent of a domestic corporation or foreign corporation for the
    32  purpose of mailing process shall be the post office address,  within  or
    33  without  the  state,  to  which a person shall mail process against such
    34  corporation as required by this article.  Any  designated  [post-office]
    35  post  office  address  to which the secretary of state or a person shall
    36  mail a copy of any process served upon [him] the secretary of  state  as
    37  agent of a domestic corporation or a foreign corporation, shall continue
    38  until the filing of a certificate under this chapter directing the mail-
    39  ing to a different [post-office] post office address.
    40    §  2. Paragraph (a) of section 305 of the business corporation law, as
    41  amended by chapter 131 of the laws  of  1985,  is  amended  to  read  as
    42  follows:
    43    (a)  In  addition to such designation of the secretary of state, every
    44  domestic corporation or authorized foreign corporation may  designate  a
    45  registered  agent  in  this  state upon whom process against such corpo-
    46  ration may be served. The agent shall be a natural person who is a resi-
    47  dent of or has a business address in this state [or], a domestic  corpo-
    48  ration  or foreign corporation of any type or kind formed, or authorized
    49  to do business in this state[,] under this chapter or  under  any  other
    50  statute  of  this  state,  or  a  domestic  limited liability company or
    51  foreign limited liability company formed or authorized to do business in
    52  this state.

        S. 1508                            66                            A. 2008
 
     1    § 3. Subparagraph 1 of paragraph (b) of section 306  of  the  business
     2  corporation  law,  as  amended  by  chapter  419 of the laws of 1990, is
     3  amended to read as follows:
     4    (1)  Service of process on the secretary of state as agent of a domes-
     5  tic or authorized foreign corporation, or other business entity that has
     6  designated the secretary of state as agent for service of process pursu-
     7  ant to article nine of this chapter, shall be made by [personally deliv-
     8  ering to and leaving with the secretary of state or a  deputy,  or  with
     9  any person authorized by the secretary of state to receive such service,
    10  at  the  office of the department of state in the city of Albany, dupli-
    11  cate copies of such process together with the statutory fee,  which  fee
    12  shall  be  a  taxable  disbursement]  mailing  the process and notice of
    13  service thereof by certified mail, return  receipt  requested,  to  such
    14  corporation or other business entity, at the post office address on file
    15  in  the department of state specified for this purpose. If a domestic or
    16  authorized foreign corporation has  no  such  address  on  file  in  the
    17  department  of state, the process and notice of service thereof shall be
    18  mailed, in the case of a domestic corporation, in care of  any  director
    19  named  in  its  certificate  of  incorporation at the director's address
    20  stated therein or, in the case of an authorized foreign corporation,  to
    21  such  corporation at the address of its office within this state on file
    22  in the department. On the same day that such process is mailed, a dupli-
    23  cate copy of such process and proof of mailing together with the  statu-
    24  tory fee, which fee shall be a taxable disbursement, shall be personally
    25  delivered  to  and left with the secretary of state or a deputy, or with
    26  any person authorized by the secretary of state to receive such service,
    27  at the office of the department of state in the city of Albany. Proof of
    28  mailing shall be by affidavit of compliance with this  section.  Service
    29  of  process  on  such  corporation  or  other  business  entity shall be
    30  complete when the secretary of state is so  served.  [The  secretary  of
    31  state  shall  promptly send one of such copies by certified mail, return
    32  receipt requested, to such corporation, at the post office  address,  on
    33  file  in the department of state, specified for the purpose. If a domes-
    34  tic or authorized foreign corporation has no such address on file in the
    35  department of state, the secretary of state shall so mail such copy,  in
    36  the case of a domestic corporation, in care of any director named in its
    37  certificate  of  incorporation  at the director's address stated therein
    38  or, in the case of an authorized foreign  corporation,  to  such  corpo-
    39  ration  at  the  address  of its office within this state on file in the
    40  department.]
    41    § 4. Subparagraphs 2 and 3 of paragraph (a) of section  306-A  of  the
    42  business  corporation  law, as added by chapter 469 of the laws of 1997,
    43  are amended to read as follows:
    44    (2) That the address of the party has been designated  by  the  corpo-
    45  ration  as  the  post office address to which [the secretary of state] a
    46  person shall mail a copy of any process served on the secretary of state
    47  as agent for such corporation, specifying such address,  and  that  such
    48  party wishes to resign.
    49    (3) That at least sixty days prior to the filing of the certificate of
    50  resignation  for  receipt  of  process  with the department of state the
    51  party has sent a copy of the certificate of resignation for  receipt  of
    52  process by registered or certified mail to the address of the registered
    53  agent of the designating corporation, if other than the party filing the
    54  certificate of resignation[,] for receipt of process, or if the [resign-
    55  ing]  designating  corporation has no registered agent, then to the last
    56  address of the designating corporation known to  the  party,  specifying

        S. 1508                            67                            A. 2008
 
     1  the  address to which the copy was sent. If there is no registered agent
     2  and no known address of the designating  corporation,  the  party  shall
     3  attach  an  affidavit  to  the  certificate  stating that a diligent but
     4  unsuccessful  search  was  made  by the party to locate the corporation,
     5  specifying what efforts were made.
     6    § 5. Subparagraph 7 of paragraph (a) of section 402  of  the  business
     7  corporation law is amended to read as follows:
     8    (7)  A  designation  of  the secretary of state as agent of the corpo-
     9  ration upon whom process against it may be served and  the  post  office
    10  address, within or without this state, to which [the secretary of state]
    11  a  person  shall mail a copy of any process against it served upon [him]
    12  the secretary of state.
    13    § 6. Subparagraph (c) of paragraph 1 of section 408  of  the  business
    14  corporation  law, as amended by section 3 of part S of chapter 59 of the
    15  laws of 2015, is amended to read as follows:
    16    (c) The post office address, within or without this  state,  to  which
    17  [the  secretary  of  state]  a  person  shall mail a copy of any process
    18  against it served upon [him or  her]  the  secretary  of  state.    Such
    19  address shall supersede any previous address on file with the department
    20  of state for this purpose.
    21    §  7.  Subparagraph  4 of paragraph (b) of section 801 of the business
    22  corporation law is amended to read as follows:
    23    (4) To specify or change the post office address to which [the  secre-
    24  tary  of  state]  a  person shall mail a copy of any process against the
    25  corporation served upon [him] the secretary of state.
    26    § 8. Subparagraph 2 of paragraph (b) of section 803  of  the  business
    27  corporation  law,  as  amended  by  chapter  803 of the laws of 1965, is
    28  amended to read as follows:
    29    (2) To specify or change the post office address to which [the  secre-
    30  tary  of  state]  a  person shall mail a copy of any process against the
    31  corporation served upon [him] the secretary of state.
    32    § 9. Paragraph (b) of section 805-A of the business  corporation  law,
    33  as  added  by  chapter  725  of  the laws of 1964, is amended to read as
    34  follows:
    35    (b) A certificate of change which changes only the post office address
    36  to which [the secretary of state] a person shall  mail  a  copy  of  any
    37  process  against  a  corporation  served  upon [him or] the secretary of
    38  state and/or the address of the registered agent, provided such  address
    39  being changed is the address of a person, partnership, limited liability
    40  company  or other corporation whose address, as agent, is the address to
    41  be changed or who has been  designated  as  registered  agent  for  such
    42  corporation,  may  be signed[, verified] and delivered to the department
    43  of state by such agent. The certificate of change shall  set  forth  the
    44  statements  required under subparagraphs [(a)] (1), (2) and (3) of para-
    45  graph (a) of this section; that a notice  of  the  proposed  change  was
    46  mailed  to the corporation by the party signing the certificate not less
    47  than thirty days prior to the date of delivery  to  the  department  and
    48  that such corporation has not objected thereto; and that the party sign-
    49  ing  the  certificate  is the agent of such corporation to whose address
    50  [the secretary of state] a person is required to mail copies of  process
    51  served on the secretary of state or the registered agent, if such be the
    52  case.  A  certificate  signed[, verified] and delivered under this para-
    53  graph shall not be deemed to effect a change of location of  the  office
    54  of the corporation in whose behalf such certificate is filed.

        S. 1508                            68                            A. 2008
 
     1    § 10. Subparagraph 8 of paragraph (a) of section 904-a of the business
     2  corporation  law,  as  amended  by  chapter  177 of the laws of 2008, is
     3  amended to read as follows:
     4    (8)  If  the surviving or resulting entity is a foreign corporation or
     5  other business entity, a designation of the secretary of  state  as  its
     6  agent upon whom process against it may be served in the manner set forth
     7  in  paragraph  (b)  of section three hundred six of this chapter, in any
     8  action or special proceeding, and a post office address, within or with-
     9  out this state, to which [the secretary of state] a person shall mail  a
    10  copy of any process against it served upon [him] the secretary of state.
    11  Such post office address shall supersede any prior address designated as
    12  the address to which process shall be mailed;
    13    §  11. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of
    14  the business corporation law, as amended by chapter 494 of the  laws  of
    15  1997, is amended to read as follows:
    16    (G)  A  designation  of  the secretary of state as its agent upon whom
    17  process against it may be served in the manner set  forth  in  paragraph
    18  (b)  of  section  306  (Service  of  process),  in any action or special
    19  proceeding, and a post office address, within or without this state,  to
    20  which [the secretary of state] a person shall mail a copy of any process
    21  against  it  served  upon [him] the secretary of state. Such post office
    22  address shall supersede any prior address designated as the  address  to
    23  which process shall be mailed.
    24    §  12. Subparagraph 6 of paragraph (a) of section 1304 of the business
    25  corporation law, as amended by chapter 684 of the laws of  1963  and  as
    26  renumbered  by  chapter  590  of the laws of 1982, is amended to read as
    27  follows:
    28    (6) A designation of the secretary of state as  its  agent  upon  whom
    29  process  against it may be served and the post office address, within or
    30  without this state, to which [the secretary of  state]  a  person  shall
    31  mail a copy of any process against it served upon [him] the secretary of
    32  state.
    33    §  13. Subparagraph 7 of paragraph (a) of section 1308 of the business
    34  corporation law, as amended by chapter 725 of the laws of  1964  and  as
    35  renumbered  by  chapter  186  of the laws of 1983, is amended to read as
    36  follows:
    37    (7) To specify or change the post office address to which [the  secre-
    38  tary  of  state]  a  person  shall mail a copy of any process against it
    39  served upon [him] the secretary of state.
    40    § 14. Subparagraph 2 of paragraph (a) and  paragraph  (c)  of  section
    41  1309-A  of the business corporation law, subparagraph 2 of paragraph (a)
    42  as added by chapter 725 of the laws of 1964 and paragraph (c) as amended
    43  by chapter 172 of the laws of 1999, are amended to read as follows:
    44    (2) To specify or change the post office address to which [the  secre-
    45  tary  of  state]  a  person  shall mail a copy of any process against it
    46  served upon [him] the secretary of state.
    47    (c) A certificate of change of application for authority which changes
    48  only the post office address to which [the secretary of state] a  person
    49  shall  mail  a  copy of any process against an authorized foreign corpo-
    50  ration served upon [him or which] the secretary of state and/or  changes
    51  the  address  of  its  registered  agent,  provided  such address is the
    52  address of a person, partnership, limited  liability  company  or  other
    53  corporation whose address, as agent, is the address to be changed or who
    54  has  been  designated  as  registered  agent for such authorized foreign
    55  corporation, may be signed and delivered to the department of  state  by
    56  such agent. The certificate of change of application for authority shall

        S. 1508                            69                            A. 2008
 
     1  set  forth the statements required under subparagraphs (1), (2), (3) and
     2  (4) of paragraph (b) of this section; that  a  notice  of  the  proposed
     3  change was mailed by the party signing the certificate to the authorized
     4  foreign  corporation  not  less  than  thirty  days prior to the date of
     5  delivery to the department and that such corporation  has  not  objected
     6  thereto; and that the party signing the certificate is the agent of such
     7  foreign  corporation  to whose address [the secretary of state] a person
     8  is required to mail copies of process served on the secretary  of  state
     9  or  the  registered agent, if such be the case. A certificate signed and
    10  delivered under this paragraph shall not be deemed to effect a change of
    11  location of the office of the corporation in whose behalf  such  certif-
    12  icate is filed.
    13    §  15.  Subparagraphs  1 and 6 of paragraph (a) of section 1310 of the
    14  business corporation law, subparagraph 1 as amended by  chapter  590  of
    15  the laws of 1982, are amended to read as follows:
    16    (1)  The name of the foreign corporation as it appears on the index of
    17  names of existing domestic and authorized foreign  corporations  of  any
    18  type  or kind in the department of state, division of corporations [or,]
    19  and the fictitious name, if any, the corporation has agreed  to  use  in
    20  this  state  pursuant to paragraph (d) of section 1301 of this [chapter]
    21  article.
    22    (6) A post office address, within or without this state, to which [the
    23  secretary of state] a person shall mail a copy of any process against it
    24  served upon [him] the secretary of state.
    25    § 16. Subparagraph 4 of paragraph (d) of section 1310 of the  business
    26  corporation law is amended to read as follows:
    27    (4)  The changed post office address, within or without this state, to
    28  which [the secretary of state] a person shall mail a copy of any process
    29  against it served upon [him] the secretary of state.
    30    § 17. Section 1311 of the business  corporation  law,  as  amended  by
    31  chapter 375 of the laws of 1998, is amended to read as follows:
    32  § 1311. Termination of existence.
    33    When  an  authorized foreign corporation is dissolved or its authority
    34  or existence is otherwise terminated or cancelled in the jurisdiction of
    35  its incorporation or when such foreign corporation  is  merged  into  or
    36  consolidated  with  another  foreign  corporation,  a certificate of the
    37  secretary of state, or official performing the equivalent function as to
    38  corporate records, of the jurisdiction of incorporation of such  foreign
    39  corporation attesting to the occurrence of any such event or a certified
    40  copy of an order or decree of a court of such jurisdiction directing the
    41  dissolution  of  such foreign corporation, the termination of its exist-
    42  ence or the cancellation of its authority  shall  be  delivered  to  the
    43  department  of  state.  The  filing  of the certificate, order or decree
    44  shall have the same effect as the filing of a certificate  of  surrender
    45  of  authority under section 1310 (Surrender of authority). The secretary
    46  of state shall continue as agent of the foreign  corporation  upon  whom
    47  process  against  it  may be served in the manner set forth in paragraph
    48  (b) of section 306 (Service  of  process),  in  any  action  or  special
    49  proceeding  based  upon  any  liability  or  obligation  incurred by the
    50  foreign corporation within this  state  prior  to  the  filing  of  such
    51  certificate,  order  or  decree and [he] the person serving such process
    52  shall [promptly cause a copy of  any  such]  send  the  process  [to  be
    53  mailed]  by  [registered]  certified  mail, return receipt requested, to
    54  such foreign corporation at the post office address on file in [his] the
    55  office of the secretary of state specified for such  purpose  and  shall
    56  provide  the secretary of state with proof of such mailing in the manner

        S. 1508                            70                            A. 2008
 
     1  set forth in paragraph (b) of section 306 (Service  of  process).    The
     2  post  office  address  may  be  changed by signing and delivering to the
     3  department of state a certificate of change setting forth the statements
     4  required  under  section  1309-A  (Certificate  of  change; contents) to
     5  effect a change in the post office address under subparagraph  seven  of
     6  paragraph (a) [(4)] of section 1308 (Amendments or changes).
     7    §  18. Subparagraph 6 of paragraph (a) of section 1530 of the business
     8  corporation law, as added by chapter 505 of the laws of 1983, is amended
     9  to read as follows:
    10    (6) A designation of the secretary of state as  its  agent  upon  whom
    11  process  against it may be served and the post office address, within or
    12  without this state, to which [the secretary of  state]  a  person  shall
    13  mail a copy of any process against it served upon [him] the secretary of
    14  state.
    15    §  19.  Subdivision  10  of section 11 of the cooperative corporations
    16  law, as added by chapter 97 of the laws of 1969, is amended to  read  as
    17  follows:
    18    10. A  designation  of  the  secretary of state as agent of the corpo-
    19  ration upon whom process against it may be served and  the  post  office
    20  address, within or without this state, to which [the secretary of state]
    21  a  person  shall mail a copy of any process against it served upon [him]
    22  the secretary of state.
    23    § 20. Subdivision 10 of section 96 of the executive law, as amended by
    24  chapter 39 of the laws of 1987, is amended to read as follows:
    25    10. For service of process on the secretary of state, acting as  agent
    26  for  a  third  party  pursuant  to law, except as otherwise specifically
    27  provided by law, forty dollars. No fee shall be  collected  for  process
    28  served  on  behalf of [a] any state official, department, board, agency,
    29  authority, county, city, town or village or other political  subdivision
    30  of  the  state.  The fees paid the secretary of state shall be a taxable
    31  disbursement.
    32    § 21. The opening paragraph of subdivision  2  and  subdivision  3  of
    33  section  18 of the general associations law, as amended by chapter 13 of
    34  the laws of 1938, are amended and two new subdivisions 5 and 6 are added
    35  to read as follows:
    36    Every association doing business within this state shall file  in  the
    37  department  of  state  a  certificate in its associate name, signed [and
    38  acknowledged] by its president, or a vice-president,  or  secretary,  or
    39  treasurer,  or  managing director, or trustee, designating the secretary
    40  of state as an agent upon whom  process  in  any  action  or  proceeding
    41  against  the  association  may  be served within this state, and setting
    42  forth an address to which [the secretary of state] a person shall mail a
    43  copy of any process against the association which  may  be  served  upon
    44  [him]  the  secretary  of state pursuant to law.  Annexed to the certif-
    45  icate of designation shall be a statement, executed in the  same  manner
    46  as  the certificate is required to be executed under this section, which
    47  shall set forth:
    48    3.  Any association, from time to time,  may  change  the  address  to
    49  which  [the  secretary  of state] a person is directed to mail copies of
    50  process served on the secretary of state, by filing a statement to  that
    51  effect,  executed[,]  and  signed [and acknowledged] in like manner as a
    52  certificate of designation as herein provided.
    53    5.  Any designated post office address maintained by the secretary  of
    54  state  as  agent in any action or proceeding against the association for
    55  the purpose of mailing process shall be the post office address,  within
    56  or  without the state, to which a person shall mail process against such

        S. 1508                            71                            A. 2008
 
     1  association as required by this article.  Such  address  shall  continue
     2  until the filing of a certificate under this chapter directing the mail-
     3  ing to a different post office address.
     4    6.  "Process"  means judicial process and all orders, demands, notices
     5  or other papers required or permitted by law to be personally served  on
     6  an  association, for the purpose of acquiring jurisdiction of such asso-
     7  ciation in any action or proceeding, civil or  criminal,  whether  judi-
     8  cial,  administrative, arbitrative or otherwise, in this state or in the
     9  federal courts sitting in or for this state.
    10    § 22. Section 19 of the general associations law, as amended by  chap-
    11  ter 166 of the laws of 1991, is amended to read as follows:
    12    §  19.    Service of process. 1. Service of process against an associ-
    13  ation upon the secretary of state shall be made by mailing  the  process
    14  and  notice  of  service  thereof  by  certified  mail,  return  receipt
    15  requested, to such corporation or other business  entity,  at  the  post
    16  office  address  on  file  in the department of state specified for this
    17  purpose. On the same day that such process is mailed, a  duplicate  copy
    18  of  such  process  and proof of mailing shall be personally [delivering]
    19  delivered to and [leaving] left with [him] the secretary of state  or  a
    20  deputy  [secretary of state or an associate attorney, senior attorney or
    21  attorney in the corporation division of the department of state,  dupli-
    22  cate  copies of such process at the office of the department of state in
    23  the city of Albany] so designated. At  the  time  of  such  service  the
    24  plaintiff  shall  pay  a fee of forty dollars to the secretary of state,
    25  which shall be a taxable disbursement. [If the cost of  registered  mail
    26  for  transmitting  a  copy  of  the process shall exceed two dollars, an
    27  additional fee equal to such excess shall be paid at  the  time  of  the
    28  service  of such process. The secretary of state shall forthwith send by
    29  registered mail one of such copies to the  association  at  the  address
    30  fixed for that purpose, as herein provided.]
    31    2.  Proof  of  mailing  shall  be by affidavit of compliance with this
    32  section. Service of process on such association shall be  complete  when
    33  the  secretary  of  state  is  so served. If the action or proceeding is
    34  instituted in a court of limited jurisdiction, service of process may be
    35  made in the manner provided in this section if the cause of action arose
    36  within the territorial jurisdiction of the court and the office  of  the
    37  defendant, as set forth in its statement filed pursuant to section eigh-
    38  teen of this [chapter] article, is within such territorial jurisdiction.
    39    §  23.  Subdivision 2 of section 352-b of the general business law, as
    40  amended by chapter 252 of the laws  of  1983,  is  amended  to  read  as
    41  follows:
    42    2.  Service  of such process upon the secretary of state shall be made
    43  by personally delivering to and leaving with [him or] the  secretary  of
    44  state,  a  deputy secretary of state, or with a person authorized by the
    45  secretary of state to receive such service, a copy thereof at the office
    46  of the department of state in the city of Albany, and such service shall
    47  be sufficient service provided that notice of such service and a copy of
    48  such process are forthwith sent by the attorney general to such  person,
    49  partnership,  corporation,  company, trust or association, by registered
    50  or certified mail with return receipt requested, at  [his  or  its]  the
    51  office  as  set  forth  in  the "broker-dealer's statement", "salesman's
    52  statement" or "investment advisor's statement" filed in  the  department
    53  of  law  pursuant to section three hundred fifty-nine-e or section three
    54  hundred fifty-nine-eee of this article, or in default of the  filing  of
    55  such  statement,  at  the  last  address  known to the attorney general.
    56  Service of such process shall be complete on  receipt  by  the  attorney

        S. 1508                            72                            A. 2008
 
     1  general  of a return receipt purporting to be signed by the addressee or
     2  a person qualified to receive [his or its] registered or certified mail,
     3  in accordance with the rules and customs of the post office  department,
     4  or,  if  acceptance  was  refused by the addressee or [his or its] their
     5  agent, on return to the attorney general of the original envelope  bear-
     6  ing  a  notation  by  the  postal  authorities  that receipt thereof was
     7  refused.
     8    § 24. Section 686 of the general business law, as added by chapter 730
     9  of the laws of 1980, is amended to read as follows:
    10    § 686. Designation of secretary of state as agent for service of proc-
    11  ess; service of process. Any person who shall offer to sell  or  sell  a
    12  franchise  in  this  state  as  a franchisor, subfranchisor or franchise
    13  sales agent shall be deemed to have irrevocably appointed the  secretary
    14  of  state as his or [its] her agent upon whom may be served any summons,
    15  complaint, subpoena, subpoena duces tecum, notice, order or other  proc-
    16  ess  directed to such person, or any partner, principal, officer, sales-
    17  man or director thereof, or his or [its] her successor, administrator or
    18  executor, in any action, investigation, or proceeding which arises under
    19  this article or a rule hereunder, with the same force and validity as if
    20  served personally on such person.  Service  of  such  process  upon  the
    21  secretary of state shall be made by personally delivering to and leaving
    22  with  [him  or]  the secretary of state, a deputy secretary of state, or
    23  with any person authorized by the secretary of  state  to  receive  such
    24  service,  a  copy  thereof at the office of the department of state, and
    25  such service shall be sufficient provided that notice  of  such  service
    26  and  a copy of such process are sent forthwith by the department to such
    27  person, by registered or certified mail with return  receipt  requested,
    28  at  [his] the address [as] set forth in the application for registration
    29  of his or her offering prospectus or in the registered offering prospec-
    30  tus itself filed with the department of law pursuant to this article, or
    31  in default of the filing of such application or prospectus, at the  last
    32  address  known  to  the  department.  Service  of  such process shall be
    33  complete upon receipt by the department of a return  receipt  purporting
    34  to  be  signed by the addressee or a person qualified to receive [his or
    35  its] registered or certified mail, in  accordance  with  the  rules  and
    36  customs  of the post office department, or, if acceptance was refused or
    37  unclaimed by the addressee or his or [its] her agent, or if the address-
    38  ee moved without leaving  a  forwarding  address,  upon  return  to  the
    39  department  of  the  original  envelope bearing a notation by the postal
    40  authorities that receipt thereof was  refused  or  that  such  mail  was
    41  otherwise undeliverable.
    42    §  25.  Paragraph  4  of subdivision (e) of section 203 of the limited
    43  liability company law, as added by chapter 470 of the laws of  1997,  is
    44  amended to read as follows:
    45    (4)  a  designation  of the secretary of state as agent of the limited
    46  liability company upon whom process against it may  be  served  and  the
    47  post  office address, within or without this state, to which [the secre-
    48  tary of state] a person shall mail a copy of  any  process  against  the
    49  limited  liability  company  served  upon  [him or her] the secretary of
    50  state;
    51    § 26. Paragraph 4 of subdivision (a) of section  206  of  the  limited
    52  liability  company law, as amended by chapter 44 of the laws of 2006, is
    53  amended to read as follows:
    54    (4) a statement that the secretary of state  has  been  designated  as
    55  agent  of the limited liability company upon whom process against it may
    56  be served and the post office address, within or without this state,  to

        S. 1508                            73                            A. 2008
 
     1  which [the secretary of state] a person shall mail a copy of any process
     2  against it served upon [him or her] the secretary of state;
     3    §  27.  Paragraph  6  of subdivision (d) of section 211 of the limited
     4  liability company law is amended to read as follows:
     5    (6) a change in the post office address to  which  [the  secretary  of
     6  state]  a  person  shall  mail a copy of any process against the limited
     7  liability company served upon [him or her] the  secretary  of  state  if
     8  such  change is made other than pursuant to section three hundred one of
     9  this chapter;
    10    § 28. Section 211-A of the limited liability company law, as added  by
    11  chapter 448 of the laws of 1998, is amended to read as follows:
    12    §  211-A.  Certificate  of change. (a) A limited liability company may
    13  amend its articles of organization from time to time to (i)  specify  or
    14  change  the  location  of  the  limited liability company's office; (ii)
    15  specify or change the post office address to  which  [the  secretary  of
    16  state]  a  person  shall  mail a copy of any process against the limited
    17  liability company served upon [him] the secretary of  state;  and  (iii)
    18  make, revoke or change the designation of a registered agent, or specify
    19  or  change  the  address  of  the registered agent. Any one or more such
    20  changes may be accomplished by filing  a  certificate  of  change  which
    21  shall  be  entitled  "Certificate  of Change of ....... (name of limited
    22  liability company) under section 211-A of the Limited Liability  Company
    23  Law"  and  shall  be signed and delivered to the department of state. It
    24  shall set forth:
    25    (1) the name of the limited liability company,  and  if  it  has  been
    26  changed, the name under which it was formed;
    27    (2) the date the articles of organization were filed by the department
    28  of state; and
    29    (3) each change effected thereby.
    30    (b) A certificate of change which changes only the post office address
    31  to  which  [the  secretary  of  state] a person shall mail a copy of any
    32  process against a limited liability company served  upon  [him  or]  the
    33  secretary  of state and/or the address of the registered agent, provided
    34  such address being changed is the  address  of  a  person,  partnership,
    35  limited liability company or corporation whose address, as agent, is the
    36  address to be changed or who has been designated as registered agent for
    37  such  limited  liability  company  may  be  signed  and delivered to the
    38  department of state by such agent. The certificate of change  shall  set
    39  forth  the  statements  required  under subdivision (a) of this section;
    40  that a notice of the proposed change was mailed to the domestic  limited
    41  liability  company  by  the  party signing the certificate not less than
    42  thirty days prior to the date of delivery to the department of state and
    43  that such domestic limited liability company has not  objected  thereto;
    44  and  that the party signing the certificate is the agent of such limited
    45  liability company to whose address [the secretary of state] a person  is
    46  required  to  mail copies of process served on the secretary of state or
    47  the registered agent, if such be the  case.  A  certificate  signed  and
    48  delivered  under this subdivision shall not be deemed to effect a change
    49  of location of the office of the  limited  liability  company  in  whose
    50  behalf such certificate is filed.
    51    §  29.  Paragraph  2  of subdivision (b) of section 213 of the limited
    52  liability company law is amended to read as follows:
    53    (2) to change the post office  address  to  which  [the  secretary  of
    54  state]  a  person  shall  mail a copy of any process against the limited
    55  liability company served upon [him or her] the secretary of state; and

        S. 1508                            74                            A. 2008
 
     1    § 30. Subdivisions (c) and (e) of section 301 of the limited liability
     2  company law, subdivision (e) as amended by section 5 of part S of  chap-
     3  ter 59 of the laws of 2015, are amended to read as follows:
     4    (c)  Any designated post office address maintained by the secretary of
     5  state as agent of a domestic limited liability company or foreign limit-
     6  ed liability company for the purpose of mailing  process  shall  be  the
     7  post  office  address,  within  or  without the state, to which a person
     8  shall mail process against such limited liability company as required by
     9  this article. Any designated post office address to which the  secretary
    10  of  state  or  a person shall mail a copy of process served upon [him or
    11  her] the secretary of state as agent of  a  domestic  limited  liability
    12  company  or a foreign limited liability company shall continue until the
    13  filing of a certificate under this chapter directing the  mailing  to  a
    14  different post office address.
    15    [(e)]  (d) (1) Except as otherwise provided in this subdivision, every
    16  limited liability company to which this chapter applies, shall biennial-
    17  ly in the calendar month during which its articles  of  organization  or
    18  application for authority were filed, or effective date thereof if stat-
    19  ed,  file  on  forms  prescribed  by the secretary of state, a statement
    20  setting forth the post office address within or without  this  state  to
    21  which [the secretary of state] a person shall mail a copy of any process
    22  accepted  against  it  served  upon [him or her] the secretary of state.
    23  Such address shall supersede any  previous  address  on  file  with  the
    24  department of state for this purpose.
    25    (2)  The  commissioner  of  taxation  and finance and the secretary of
    26  state may agree to allow limited  liability  companies  to  include  the
    27  statement  specified in paragraph one of this subdivision on tax reports
    28  filed with the department of taxation and finance in  lieu  of  biennial
    29  statements  and  in  a manner prescribed by the commissioner of taxation
    30  and finance.  If this agreement is made,  starting  with  taxable  years
    31  beginning  on or after January first, two thousand sixteen, each limited
    32  liability company required to file the statement specified in  paragraph
    33  one  of  this  subdivision  that is subject to the filing fee imposed by
    34  paragraph three of subsection (c) of section six hundred fifty-eight  of
    35  the  tax  law  shall  provide  such statement annually on its filing fee
    36  payment form filed with the department of taxation and finance  in  lieu
    37  of  filing  a statement under this section with the department of state.
    38  However, each limited liability company required  to  file  a  statement
    39  under this section must continue to file the biennial statement required
    40  by this section with the department of state until the limited liability
    41  company  in fact has filed a filing fee payment form with the department
    42  of taxation and finance that includes all  required  information.  After
    43  that time, the limited liability company shall continue to provide annu-
    44  ally the statement specified in paragraph one of this subdivision on its
    45  filing  fee  payment  form in lieu of the biennial statement required by
    46  this subdivision.
    47    (3) If the agreement described in paragraph two of this subdivision is
    48  made, the department of  taxation  and  finance  shall  deliver  to  the
    49  department  of  state  the  statement specified in paragraph one of this
    50  subdivision contained on filing fee payment  forms.  The  department  of
    51  taxation  and  finance  must,  to  the extent feasible, also include the
    52  current name of the limited liability company, department of state iden-
    53  tification number for such limited liability company, the  name,  signa-
    54  ture  and  capacity  of  the  signer  of  the statement, name and street
    55  address of the filer of the statement, and the email address, if any, of
    56  the filer of the statement.

        S. 1508                            75                            A. 2008
 
     1    § 31. Paragraphs 2 and 3 of  subdivision  (a),  subparagraph  (ii)  of
     2  paragraph  2  and subparagraph (ii) of paragraph 3 of subdivision (e) of
     3  section 301-A of the limited liability company law, as added by  chapter
     4  448 of the laws of 1998, are amended to read as follows:
     5    (2)  that  the address of the party has been designated by the limited
     6  liability company as the post office address to which [the secretary  of
     7  state] a person shall mail a copy of any process served on the secretary
     8  of  state  as agent for such limited liability company, such address and
     9  that such party wishes to resign.
    10    (3) that at least  sixty days prior to the filing of  the  certificate
    11  of  resignation  for receipt of process with the department of state the
    12  party has sent a copy of the certificate of resignation for  receipt  of
    13  process by registered or certified mail to the address of the registered
    14  agent  of  the  designated  limited liability company, if other than the
    15  party filing the certificate of resignation[,] for receipt  of  process,
    16  or  if  the  [resigning]  designating  limited  liability company has no
    17  registered agent, then to the last address  of  the  designated  limited
    18  liability  company  known  to the party, specifying the address to which
    19  the copy was sent. If there is no registered agent and no known  address
    20  of  the designating limited liability company, the party shall attach an
    21  affidavit to the certificate stating that a  diligent  but  unsuccessful
    22  search  was  made  by the party to locate the limited liability company,
    23  specifying what efforts were made.
    24    (ii) sent by or on behalf of the plaintiff to such  limited  liability
    25  company by registered or certified mail with return receipt requested to
    26  the  last  address of such limited liability company known to the plain-
    27  tiff.
    28    (ii) Where service of a copy of process was  effected  by  mailing  in
    29  accordance  with this section, proof of service shall be by affidavit of
    30  compliance with this section filed, together with  the  process,  within
    31  thirty  days  after  receipt of the return receipt signed by the limited
    32  liability company or other official proof of delivery or of the original
    33  envelope mailed. If a copy of the process is mailed in  accordance  with
    34  this  section,  there  shall  be  filed with the affidavit of compliance
    35  either the return receipt signed by such limited  liability  company  or
    36  other  official  proof of delivery, if acceptance was refused by it, the
    37  original envelope with a notation by the postal authorities that accept-
    38  ance was refused. If acceptance was refused a copy  of  the  notice  and
    39  process  together  with notice of the mailing by registered or certified
    40  mail and refusal to accept  shall  be  promptly  sent  to  such  limited
    41  liability company at the same address by ordinary mail and the affidavit
    42  of  compliance  shall so state. Service of process shall be complete ten
    43  days after such papers are filed  with  the  clerk  of  the  court.  The
    44  refusal  to  accept  delivery  of the registered or certified mail or to
    45  sign the return receipt shall not affect the validity of the service and
    46  such limited liability company refusing to  accept  such  registered  or
    47  certified mail shall be charged with knowledge of the contents thereof.
    48    §  32. Subdivision (a) of section 303 of the limited liability company
    49  law, as relettered by chapter 341 of the laws of  1999,  is  amended  to
    50  read as follows:
    51    (a)  Service of process on the secretary of state as agent of a domes-
    52  tic limited liability company [or], authorized foreign limited liability
    53  company, or other business entity that has designated the  secretary  of
    54  state  as  agent  for service of process pursuant to article ten of this
    55  chapter, shall be made by mailing the  process  and  notice  of  service
    56  thereof  by  certified  mail,  return receipt requested, to such limited

        S. 1508                            76                            A. 2008
 
     1  liability company or other business entity, at the post  office  address
     2  on  file  in  the department of state specified for this purpose. On the
     3  same day as such process is mailed, a duplicate copy of such process and
     4  proof of mailing shall be [made by] personally [delivering] delivered to
     5  and  [leaving] left with the secretary of state or his or her deputy, or
     6  with any person authorized by the secretary of  state  to  receive  such
     7  service, at the office of the department of state in the city of Albany,
     8  [duplicate  copies  of  such  process]  together with the statutory fee,
     9  which fee shall be a taxable disbursement.  Proof of mailing shall be by
    10  affidavit of compliance with this section. Service of  process  on  such
    11  limited  liability  company  or  other business entity shall be complete
    12  when the secretary of state is so served. [The secretary of state  shall
    13  promptly  send  one  of  such  copies  by certified mail, return receipt
    14  requested, to such limited liability company at the post office  address
    15  on file in the department of state specified for that purpose.]
    16    §  33.  Section 305 of the limited liability company law is amended to
    17  read as follows:
    18    § 305. Records of process served on  the  secretary  of  state.    The
    19  [secretary  of  state]  department  of state shall keep a record of each
    20  process served upon the secretary of state under this chapter, including
    21  the date of such service [and the action of the secretary of state  with
    22  reference thereto]. It shall, upon request made within ten years of such
    23  service, issue a certificate under its seal certifying as to the receipt
    24  of  the  process  by  an  authorized  person, the date and place of such
    25  service and the receipt of the statutory fee. Process  served  upon  the
    26  secretary  of state under this chapter shall be destroyed by the depart-
    27  ment of state after a period of ten years from such service.
    28    § 34. Paragraph 4 of subdivision (a) of section  802  of  the  limited
    29  liability company law, as amended by chapter 470 of the laws of 1997, is
    30  amended to read as follows:
    31    (4)  a  designation  of  the secretary of state as its agent upon whom
    32  process against it may be served and the post office address, within  or
    33  without  this  state,  to  which [the secretary of state] a person shall
    34  mail a copy of any process against it  served  upon  [him  or  her]  the
    35  secretary of state;
    36    §  35. Section 804-A of the limited liability company law, as added by
    37  chapter 448 of the laws of 1998, is amended to read as follows:
    38    § 804-A. Certificate of change. (a) A foreign limited liability compa-
    39  ny may amend its application for authority from  time  to  time  to  (i)
    40  specify  or  change  the  location  of  the  limited liability company's
    41  office; (ii) specify or change the post office  address  to  which  [the
    42  secretary  of  state]  a person shall mail a copy of any process against
    43  the limited liability company served upon [him] the secretary of  state;
    44  and  (iii)  to  make,  revoke  or change the designation of a registered
    45  agent, or to specify or change the address of a  registered  agent.  Any
    46  one  or more such changes may be accomplished by filing a certificate of
    47  change which shall be entitled "Certificate of Change of ........  (name
    48  of limited liability company) under section 804-A of the Limited Liabil-
    49  ity  Company Law" and shall be signed and delivered to the department of
    50  state. It shall set forth:
    51    (1) the name of the foreign limited liability company and, if applica-
    52  ble, the fictitious name the limited liability company has agreed to use
    53  in this state pursuant to section eight hundred two of this article;
    54    (2) the date its application for authority was filed by the department
    55  of state; and
    56    (3) each change effected thereby[,].

        S. 1508                            77                            A. 2008
 
     1    (b) A certificate of change which changes only the post office address
     2  to which [the secretary of state] a person shall  mail  a  copy  of  any
     3  process against a foreign limited liability company served upon [him or]
     4  the  secretary  of  state  and/or  the  address of the registered agent,
     5  provided such address being changed is the address of a person, partner-
     6  ship [or], corporation or other limited liability company whose address,
     7  as  agent,  is  the address to be  changed or who has been designated as
     8  registered agent for such limited liability company may  be  signed  and
     9  delivered  to  the department of state by such agent. The certificate of
    10  change shall set forth the statements required under subdivision (a)  of
    11  this  section;  that  a  notice of the proposed change was mailed to the
    12  foreign limited liability company by the party signing  the  certificate
    13  not  less  than thirty days prior to the date of delivery to the depart-
    14  ment of state and that such foreign limited liability  company  has  not
    15  objected  thereto;  and  that  the  party signing the certificate is the
    16  agent of such foreign limited liability company to  whose  address  [the
    17  secretary  of  state]  a  person  is  required to mail copies of process
    18  served on the secretary of state or the registered agent, if such be the
    19  case. A certificate signed and delivered under  this  subdivision  shall
    20  not  be  deemed  to  effect  a  change  of location of the office of the
    21  foreign limited liability company in whose behalf  such  certificate  is
    22  filed.
    23    §  36.  Paragraph  6  of subdivision (b) of section 806 of the limited
    24  liability company law is amended to read as follows:
    25    (6) a post office address, within or without this state, to which [the
    26  secretary of state] a person shall mail a copy of any process against it
    27  served upon [him or her] the secretary of state.
    28    § 37. Paragraph 11 of subdivision (a) of section 1003 of  the  limited
    29  liability company law, as amended by chapter 374 of the laws of 1998, is
    30  amended to read as follows:
    31    (11)  a  designation  of the secretary of state as its agent upon whom
    32  process against it may be served in the  manner  set  forth  in  article
    33  three  of  this  chapter in any action or special proceeding, and a post
    34  office address, within or without this state, to which [the secretary of
    35  state] a person shall mail a copy of any process  served  upon  [him  or
    36  her]  the  secretary  of state. Such post office address shall supersede
    37  any prior address designated as the address to which  process  shall  be
    38  mailed;
    39    §  38.  Clause  (iv) of subparagraph (A) of paragraph 2 of subdivision
    40  (c) of section 1203 of the limited liability company law, as amended  by
    41  chapter 44 of the laws of 2006, is amended to read as follows:
    42    (iv)  a  statement  that the secretary of state has been designated as
    43  agent of the professional service limited liability  company  upon  whom
    44  process  against it may be served and the post office address, within or
    45  without this state, to which [the secretary of  state]  a  person  shall
    46  mail  a  copy  of  any  process  against it served upon [him or her] the
    47  secretary of state;
    48    § 39. Paragraph 6 of subdivision (a) and subparagraph 5  of  paragraph
    49  (i)  of subdivision (d) of section 1306 of the limited liability company
    50  law, subparagraph 5 of paragraph (i) of subdivision (d)  as  amended  by
    51  chapter 44 of the laws of 2006, are amended to read as follows:
    52    (6)  a  designation  of  the secretary of state as its agent upon whom
    53  process against it may be served and the post office address, within  or
    54  without  this  state,  to  which [the secretary of state] a person shall
    55  mail a copy of any process against it  served  upon  [him  or  her]  the
    56  secretary of state; and

        S. 1508                            78                            A. 2008
 
     1    (5)  a  statement  that  the secretary of state has been designated as
     2  agent of the foreign professional service limited liability company upon
     3  whom process against it may be served and the post office address, with-
     4  in or without this state, to which [the secretary  of  state]  a  person
     5  shall mail a copy of any process against it served upon [him or her] the
     6  secretary of state;
     7    §  40.  Paragraph (d) of section 304 of the not-for-profit corporation
     8  law, as amended by chapter 358 of the laws of 2015, is amended  to  read
     9  as follows:
    10    (d)  Any designated post office address maintained by the secretary of
    11  state as agent of a domestic not-for-profit corporation or foreign  not-
    12  for-profit  corporation  for the purpose of mailing process shall be the
    13  post office address, within or without the  state,  to  which  a  person
    14  shall mail process against such corporation as required by this article.
    15  Any  designated [post-office] post office address to which the secretary
    16  of state or a person shall mail a copy of process served  upon  [him  or
    17  her]  the  secretary  of state as agent of a domestic corporation formed
    18  under article four of this chapter or foreign corporation, shall contin-
    19  ue until the filing of a certificate under this  chapter  directing  the
    20  mailing to a different [post-office] post office address.
    21    §  41.  Paragraph (a) of section 305 of the not-for-profit corporation
    22  law, as amended by chapter 549 of the laws of 2013, is amended  to  read
    23  as follows:
    24    (a)  Every  domestic corporation or authorized foreign corporation may
    25  designate a registered agent in this state  upon  whom  process  against
    26  such  corporation may be served. The agent shall be a natural person who
    27  is a resident of or has a business address in this state or  a  domestic
    28  corporation  or  foreign corporation of any kind formed[,] or authorized
    29  to do business in this state[,] under this chapter or  under  any  other
    30  statute  of  this  state,  or  a domestic limited liability company or a
    31  foreign limited liability company authorized  to  do  business  in  this
    32  state.
    33    §  42.  Paragraph (b) of section 306 of the not-for-profit corporation
    34  law, as amended by chapter 23 of the laws of 2014, is amended to read as
    35  follows:
    36    (b) Service of process on the secretary of state as agent of a  domes-
    37  tic  corporation formed under article four of this chapter or an author-
    38  ized foreign corporation shall be made by mailing the process and notice
    39  of service thereof by certified mail, return receipt requested, to  such
    40  corporation or other business entity, at the post office address on file
    41  in  the  department of state specified for this purpose. On the same day
    42  that such process is mailed, a duplicate copy of such process and  proof
    43  of  mailing  shall be personally [delivering] delivered to and [leaving]
    44  left with the secretary of state or his  or  her  deputy,  or  with  any
    45  person  authorized by the secretary of state to receive such service, at
    46  the office of the department of state in the city of Albany,  [duplicate
    47  copies of such process] together with the statutory fee, which fee shall
    48  be  a  taxable disbursement.   Proof of mailing shall be by affidavit of
    49  compliance with this section. Service of process on such corporation  or
    50  other  business  entity shall be complete when the secretary of state is
    51  so served.  [The secretary of state shall  promptly  send  one  of  such
    52  copies by certified mail, return receipt requested, to such corporation,
    53  at  the  post office address, on file in the department of state, speci-
    54  fied for the purpose.] If a domestic corporation  formed  under  article
    55  four  of  this  chapter or an authorized foreign corporation has no such
    56  address on file in the department of  state,  the  [secretary  of  state

        S. 1508                            79                            A. 2008

     1  shall  so  mail  such]  duplicate copy of the process shall be mailed to
     2  such corporation at the address of its office within this state on  file
     3  in the department.
     4    §  43.  Subparagraph 6 of paragraph (a) of section 402 of the not-for-
     5  profit corporation law, as added by chapter 564 of the laws of 1981  and
     6  as  renumbered by chapter 132 of the laws of 1985, is amended to read as
     7  follows:
     8    (6) A designation of the secretary of state as  agent  of  the  corpo-
     9  ration  upon  whom  process against it may be served and the post office
    10  address, within or without this state, to which [the secretary of state]
    11  a person shall mail a copy of any process against it served  upon  [him]
    12  the secretary of state.
    13    §  44.  Subparagraph 7 of paragraph (b) of section 801 of the not-for-
    14  profit corporation law, as amended by chapter 438 of the laws  of  1984,
    15  is amended to read as follows:
    16    (7)  To specify or change the post office address to which [the secre-
    17  tary of state] a person shall mail a copy of  any  process  against  the
    18  corporation served upon [him] the secretary of state.
    19    §  45.  Subparagraph 2 of paragraph (c) of section 802 of the not-for-
    20  profit corporation law, as amended by chapter 186 of the laws  of  1983,
    21  is amended to read as follows:
    22    (2)  To specify or change the post office address to which [the secre-
    23  tary of state] a person shall mail a copy of  any  process  against  the
    24  corporation served upon [him] the secretary of state.
    25    §  46.  Subparagraph 6 of paragraph (a) of section 803 of the not-for-
    26  profit corporation law, as amended by chapter 23 of the laws of 2014, is
    27  amended to read as follows:
    28    (6) A designation of the secretary of state as  agent  of  the  corpo-
    29  ration  upon  whom  process against it may be served and the post office
    30  address,   within or without this state,  to  which  [the  secretary  of
    31  state]  a person shall mail a copy of any process against it served upon
    32  the secretary of state.
    33    § 47. Paragraph (b) of section 803-A of the not-for-profit corporation
    34  law, as amended by chapter 172 of the laws of 1999, is amended  to  read
    35  as follows:
    36    (b) A certificate of change which changes only the post office address
    37  to  which  [the  secretary  of  state] a person shall mail a copy of any
    38  process against the corporation served upon [him or]  the  secretary  of
    39  state  and/or the address of the registered agent, provided such address
    40  being changed is the address of a person, partnership, limited liability
    41  company or other corporation whose address, as agent, is the address  to
    42  be  changed  or  who  has  been  designated as registered agent for such
    43  corporation, may be signed and delivered to the department of  state  by
    44  such  agent.  The  certificate  of change shall set forth the statements
    45  required under subparagraphs (1), (2) and (3) of paragraph (a)  of  this
    46  section;  that  a notice of the proposed change was mailed to the corpo-
    47  ration by the party signing the certificate not less  than  thirty  days
    48  prior  to  the  date  of delivery to the department and that such corpo-
    49  ration has not objected thereto; and that the party signing the  certif-
    50  icate  is  the agent of such corporation to whose address [the secretary
    51  of state] a person is required to mail copies of any process against the
    52  corporation served upon [him] the secretary of state or  the  registered
    53  agent,  if  such  be  the case. A certificate signed and delivered under
    54  this paragraph shall not be deemed to effect a change of location of the
    55  office of the corporation in whose behalf such certificate is filed.

        S. 1508                            80                            A. 2008
 
     1    § 48. Clause (E) of subparagraph 2 of paragraph (d) of section 906  of
     2  the  not-for-profit  corporation  law, as amended by chapter 1058 of the
     3  laws of 1971, is amended to read as follows:
     4    (E)  A  designation  of  the secretary of state as its agent upon whom
     5  process against it may be served in the manner set  forth  in  paragraph
     6  (b)  of  section  306  (Service  of  process),  in any action or special
     7  proceeding described in [subparagraph] clause (D) of  this  subparagraph
     8  and  a  post office address, within or without this state, to which [the
     9  secretary of state] a person shall mail a copy of the  process  in  such
    10  action or special proceeding served upon the secretary of state.
    11    §  49. Clause (F) of subparagraph 2 of paragraph (d) of section 908 of
    12  the not-for-profit corporation law is amended to read as follows:
    13    (F) A designation of the secretary of state as [his]  its  agent  upon
    14  whom  process  against it may be served in the manner set forth in para-
    15  graph (b) of section 306 (Service of process), in any action or  special
    16  proceeding  described  in [subparagraph] clause (D) of this subparagraph
    17  and a post office address, within or without the state,  to  which  [the
    18  secretary  of  state]  a person shall mail a copy of the process in such
    19  action or special proceeding served upon by the secretary of state.
    20    § 50. Subparagraph 6 of paragraph (a) of section 1304 of the  not-for-
    21  profit  corporation  law,  as  renumbered  by chapter 590 of the laws of
    22  1982, is amended to read as follows:
    23    (6) A designation of the secretary of state as  its  agent  upon  whom
    24  process  against it may be served and the post office address, within or
    25  without this state, to which [the secretary of  state]  a  person  shall
    26  mail a copy of any process against it served upon [him] the secretary of
    27  state.
    28    §  51. Subparagraph 7 of paragraph (a) of section 1308 of the not-for-
    29  profit corporation law, as renumbered by chapter  186  of  the  laws  of
    30  1983, is amended to read as follows:
    31    (7)  To specify or change the post office address to which [the secre-
    32  tary of state] a person shall mail a copy  of  any  process  against  it
    33  served upon [him] the secretary of state.
    34    §  52.  Subparagraph  2  of paragraph (a) and paragraph (c) of section
    35  1310 of the not-for-profit corporation law, paragraph (c) as amended  by
    36  chapter 172 of the laws of 1999, are amended to read as follows:
    37    (2)  To specify or change the post office address to which [the secre-
    38  tary of state] a person shall mail a copy  of  any  process  against  it
    39  served upon [him] the secretary of state.
    40    (c) A certificate of change of application for authority which changes
    41  only  the post office address to which [the secretary of state] a person
    42  shall mail a copy of any process against an  authorized  foreign  corpo-
    43  ration  served upon [him or] the secretary of state and/or which changes
    44  the address of its  registered  agent,  provided  such  address  is  the
    45  address  of  a  person,  partnership, limited liability company or other
    46  corporation whose address, as agent, is the address to be changed or who
    47  has been designated as registered  agent  for  such  authorized  foreign
    48  corporation,  may  be signed and delivered to the department of state by
    49  such agent. The certificate of change of application for authority shall
    50  set forth the statements required under subparagraphs (1), (2), (3)  and
    51  (4)  of  paragraph  (b)  of  this section; that a notice of the proposed
    52  change was mailed by the party signing the certificate to the authorized
    53  foreign corporation not less than thirty  days  prior  to  the  date  of
    54  delivery  to  the  department and that such corporation has not objected
    55  thereto; and that the party signing the certificate is the agent of such
    56  foreign corporation to whose address [the secretary of state]  a  person

        S. 1508                            81                            A. 2008
 
     1  is  required  to mail copies of process served on the secretary of state
     2  or the registered agent, if such be the case. A certificate  signed  and
     3  delivered under this paragraph shall not be deemed to effect a change of
     4  location  of  the office of the corporation in whose behalf such certif-
     5  icate is filed.
     6    § 53. Subparagraph 6 of paragraph (a) and subparagraph 4 of  paragraph
     7  (d) of section 1311 of the not-for-profit corporation law are amended to
     8  read as follows:
     9    (6) A post office address, within or without this state, to which [the
    10  secretary of state] a person shall mail a copy of any process against it
    11  served upon [him] the secretary of state.
    12    (4)  The changed post office address, within or without this state, to
    13  which [the secretary of state] a person shall mail a copy of any process
    14  against it served upon [him] the secretary of state.
    15    § 54. Section 1312 of the not-for-profit corporation law,  as  amended
    16  by chapter 375 of the laws of 1998, is amended to read as follows:
    17  § 1312. Termination of existence.
    18    When  an  authorized foreign corporation is dissolved or its authority
    19  or existence is otherwise terminated or cancelled in the jurisdiction of
    20  its incorporation or when such foreign corporation  is  merged  into  or
    21  consolidated  with  another  foreign  corporation,  a certificate of the
    22  secretary of state, or official performing the equivalent function as to
    23  corporate records, of the jurisdiction of incorporation of such  foreign
    24  corporation attesting to the occurrence of any such event or a certified
    25  copy of an order or decree of a court of such jurisdiction directing the
    26  dissolution  of  such foreign corporation, the termination of its exist-
    27  ence or the cancellation of its authority  shall  be  delivered  to  the
    28  department  of  state.    The filing of the certificate, order or decree
    29  shall have the same effect as the filing of a certificate  of  surrender
    30  of authority under section 1311 (Surrender of authority).  The secretary
    31  of  state  shall  continue as agent of the foreign corporation upon whom
    32  process against it may be served in the manner set  forth  in  paragraph
    33  (b)  of  section  306  (Service  of  process),  in any action or special
    34  proceeding based upon  any  liability  or  obligation  incurred  by  the
    35  foreign  corporation  within  this  state  prior  to  the filing of such
    36  certificate, order or decree and [he] the person  serving  such  process
    37  shall  promptly cause a copy of any such process to be mailed by [regis-
    38  tered] certified mail, return receipt requested, to such foreign  corpo-
    39  ration  at  the  post  office  address  on file [in his office] with the
    40  department specified for such purpose.  The post office address  may  be
    41  changed  by  signing and delivering to the department of state a certif-
    42  icate of change setting forth the statements required under section 1310
    43  (Certificate of change, contents) to effect a change in the post  office
    44  address  under  subparagraph  [(a)  (4)] (7) of paragraph (a) of section
    45  1308 (Amendments or changes).
    46    § 55. Subdivision (c) of section 121-104 of the  partnership  law,  as
    47  added by chapter 950 of the laws of 1990, is amended to read as follows:
    48    (c)  Any designated post office address maintained by the secretary of
    49  state as agent of a domestic  limited  partnership  or  foreign  limited
    50  partnership  for the purpose of mailing process shall be the post office
    51  address, within or without the state, to which a person shall mail proc-
    52  ess against such limited partnership as required by  this  article.  Any
    53  designated  post  office  address  to  which the secretary of state or a
    54  person shall mail a copy of process served upon [him] the  secretary  of
    55  state  as  agent  of  a  domestic limited partnership or foreign limited

        S. 1508                            82                            A. 2008

     1  partnership shall continue until the filing of a certificate under  this
     2  article directing the mailing to a different post office address.
     3    § 56. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of
     4  the  partnership  law,  as added by chapter 448 of the laws of 1998, are
     5  amended to read as follows:
     6    (1) the name of the limited partnership and the date that  its  [arti-
     7  cles  of organization] certificate of limited partnership or application
     8  for authority was filed by the department of state.
     9    (2) that the address of the party has been designated by  the  limited
    10  partnership as the post office address to which [the secretary of state]
    11  a  person  shall  mail  a copy of any process served on the secretary of
    12  state as agent for such limited partnership, and that such party  wishes
    13  to resign.
    14    (3) that at least sixty days prior to the filing of the certificate of
    15  resignation  for  receipt  of  process  with the department of state the
    16  party has sent a copy of the certificate of resignation for  receipt  of
    17  process by registered or certified mail to the address of the registered
    18  agent of the [designated] designating limited partnership, if other than
    19  the  party filing the certificate of resignation[,] for receipt of proc-
    20  ess, or if the [resigning] designating limited partnership has no regis-
    21  tered agent, then to the last address of  the  [designated]  designating
    22  limited partnership, known to the party, specifying the address to which
    23  the  copy was sent. If there is no registered agent and no known address
    24  of the designating limited partnership the party shall attach an affida-
    25  vit to the certificate stating that a diligent but  unsuccessful  search
    26  was made by the party to locate the limited partnership, specifying what
    27  efforts were made.
    28    §  57.  Subdivision  (a) of section 121-105 of the partnership law, as
    29  added by chapter 950 of the laws of 1990, is amended to read as follows:
    30    (a) In addition to the designation of the  secretary  of  state,  each
    31  limited partnership or authorized foreign limited partnership may desig-
    32  nate  a  registered agent upon whom process against the limited partner-
    33  ship may be served. The agent must be (i) a  natural  person  who  is  a
    34  resident  of  this  state  or has a business address in this state, [or]
    35  (ii) a domestic corporation or a foreign corporation  authorized  to  do
    36  business in this state, or (iii) a domestic limited liability company or
    37  a  foreign  limited  liability company authorized to do business in this
    38  state.
    39    § 58. Subdivisions (a) and (c) of section 121-109 of  the  partnership
    40  law,  as  added  by chapter 950 of the laws of 1990 and as relettered by
    41  chapter 341 of the laws of 1999, are amended to read as follows:
    42    (a) Service of process on the secretary of state as agent of a  domes-
    43  tic  or authorized foreign limited partnership, or other business entity
    44  that has designated the secretary of state as agent for service of proc-
    45  ess pursuant to this chapter, shall be made [as follows:
    46    (1) By] by mailing the process and notice of service of process pursu-
    47  ant to this section by certified mail, return receipt requested, to such
    48  domestic or authorized foreign limited  partnership  or  other  business
    49  entity,  at  the  post office address on file in the department of state
    50  specified for this purpose. On the same day as the process is mailed,  a
    51  duplicate  copy of such process and proof of mailing shall be personally
    52  [delivering] delivered to and [leaving]  left  with  [him  or  his]  the
    53  secretary  of  state  or  a deputy, or with any person authorized by the
    54  secretary of state to receive such service, at the office of the depart-
    55  ment of state in the city of Albany, [duplicate copies of such  process]
    56  together  with the statutory fee, which fee shall be a taxable disburse-

        S. 1508                            83                            A. 2008
 
     1  ment. Proof of mailing shall be by affidavit  of  compliance  with  this
     2  section.  Service  of process on such limited partnership or other busi-
     3  ness entity shall be complete when the secretary of state is so served.
     4    [(2)  The  service  on  the  limited  partnership is complete when the
     5  secretary of state is so served.
     6    (3) The secretary of state shall promptly send one of such  copies  by
     7  certified mail, return receipt requested, addressed to the limited part-
     8  nership  at the post office address, on file in the department of state,
     9  specified for that purpose.]
    10    (c) The [secretary of state] department of state shall keep  a  record
    11  of  all process served upon [him] it under this section and shall record
    12  therein the date of such service [and his action with  reference  there-
    13  to]. It shall, upon request made within ten years of such service, issue
    14  a certificate under its seal certifying as to the receipt of the process
    15  by  an  authorized  person,  the  date and place of such service and the
    16  receipt of the statutory fee. Process served upon the secretary of state
    17  under this chapter shall be destroyed by the department after  a  period
    18  of ten years from such service.
    19    §  59.  Paragraph 3 of subdivision (a) and subparagraph 4 of paragraph
    20  (i) of subdivision (c) of section 121-201 of the partnership law,  para-
    21  graph  3  of  subdivision  (a)  as amended by chapter 264 of the laws of
    22  1991, and subparagraph 4 of paragraph (i) of subdivision (c) as  amended
    23  by chapter 44 of the laws of 2006, are amended to read as follows:
    24    (3)  a  designation  of the secretary of state as agent of the limited
    25  partnership upon whom process against it may  be  served  and  the  post
    26  office address, within or without this state, to which [the secretary of
    27  state]  a person shall mail a copy of any process against it served upon
    28  [him] the secretary of state;
    29    (4) a statement that the secretary of state  has  been  designated  as
    30  agent  of  the  limited  partnership upon whom process against it may be
    31  served and the post office address, within or  without  this  state,  to
    32  which [the secretary of state] a person shall mail a copy of any process
    33  against it served upon [him or her] the secretary of state;
    34    §  60.  Paragraph 4 of subdivision (b) of section 121-202 of the part-
    35  nership law, as amended by chapter 576 of the laws of 1994,  is  amended
    36  to read as follows:
    37    (4)  a  change  in the name of the limited partnership, or a change in
    38  the post office address to which [the secretary of state] a person shall
    39  mail a copy of any process against the  limited  partnership  served  on
    40  [him]  the secretary of state, or a change in the name or address of the
    41  registered agent, if such change is made other than pursuant to  section
    42  121-104 or 121-105 of this article.
    43    §  61.  Section  121-202-A of the partnership law, as added by chapter
    44  448 of the laws of 1998, paragraph 2 of subdivision (a)  as  amended  by
    45  chapter 172 of the laws of 1999, is amended to read as follows:
    46    § 121-202-A. Certificate of change. (a) A certificate of limited part-
    47  nership  may be changed by filing with the department of state a certif-
    48  icate of change entitled "Certificate of Change of ..... (name of limit-
    49  ed  partnership)  under  Section  121-202-A  of  the   Revised   Limited
    50  Partnership  Act" and shall be signed and delivered to the department of
    51  state. A certificate of change may (i) specify or change the location of
    52  the limited partnership's office; (ii) specify or change the post office
    53  address to which [the secretary of state] a person shall mail a copy  of
    54  process  against the limited partnership served upon [him] the secretary
    55  of state; and (iii) make, revoke or change the designation of  a  regis-

        S. 1508                            84                            A. 2008
 
     1  tered  agent,  or  to  specify  or  change the address of its registered
     2  agent. It shall set forth:
     3    (1)  the  name of the limited partnership, and if it has been changed,
     4  the name under which it was formed;
     5    (2) the date its certificate of limited partnership was filed  by  the
     6  department of state; and
     7    (3) each change effected thereby.
     8    (b) A certificate of change which changes only the post office address
     9  to  which  [the  secretary  of  state] a person shall mail a copy of any
    10  process against a limited partnership served upon [him or] the secretary
    11  of state and/or the address  of  the  registered  agent,  provided  such
    12  address  being  changed is the address of a person, partnership, limited
    13  liability corporation or corporation whose address,  as  agent,  is  the
    14  address to be changed or who has been designated as registered agent for
    15  such limited partnership shall be signed and delivered to the department
    16  of  state  by  such agent. The certificate of change shall set forth the
    17  statements required under subdivision (a) of this section; that a notice
    18  of the proposed change was mailed to the domestic limited partnership by
    19  the party signing the certificate not less than thirty days prior to the
    20  date of delivery to the department  of  state  and  that  such  domestic
    21  limited partnership has not objected thereto; and that the party signing
    22  the  certificate  is  the  agent  of  such  limited partnership to whose
    23  address [the secretary of state] a person is required to mail copies  of
    24  process  served  on  the  secretary of state or the registered agent, if
    25  such be the case. A certificate signed and delivered under this subdivi-
    26  sion shall not be deemed to effect a change of location of the office of
    27  the limited partnership in whose behalf such certificate is filed.
    28    § 62. Paragraph 4 of subdivision (a) and subparagraph 5  of  paragraph
    29  (i)  of subdivision (d) of section 121-902 of the partnership law, para-
    30  graph 4 of subdivision (a) as amended by chapter 172 of the laws of 1999
    31  and subparagraph 5 of paragraph (i) of subdivision  (d)  as  amended  by
    32  chapter 44 of the laws of 2006, are amended to read as follows:
    33    (4)  a  designation  of  the secretary of state as its agent upon whom
    34  process against it may be served and the post office address, within  or
    35  without  this  state,  to  which [the secretary of state] a person shall
    36  mail a copy of any process against it served upon [him] the secretary of
    37  state;
    38    (5) a statement that the secretary of state has been designated as its
    39  agent upon whom process against it may be served  and  the  post  office
    40  address, within or without this state, to which [the secretary of state]
    41  a person shall mail a copy of any process against it served upon [him or
    42  her] the secretary of state;
    43    §  63.  Section  121-903-A of the partnership law, as added by chapter
    44  448 of the laws of 1998, is amended to read as follows:
    45    § 121-903-A. Certificate of change. (a) A foreign limited  partnership
    46  may  change  its application for authority by filing with the department
    47  of state  a  certificate  of  change  entitled  "Certificate  of  Change
    48  of ........ (name of limited partnership) under Section 121-903-A of the
    49  Revised  Limited  Partnership  Act" and shall be signed and delivered to
    50  the department of state. A certificate of  change  may  (i)  change  the
    51  location  of  the  limited  partnership's  office;  (ii) change the post
    52  office address to which [the secretary of state] a person shall  mail  a
    53  copy  of  process  against the limited partnership served upon [him] the
    54  secretary of state; and (iii) make, revoke or change the designation  of
    55  a  registered  agent,  or to specify or change the address of its regis-
    56  tered agent. It shall set forth:

        S. 1508                            85                            A. 2008
 
     1    (1) the name of the foreign limited partnership  and,  if  applicable,
     2  the fictitious name the foreign limited partnership has agreed to use in
     3  this state pursuant to section 121-902 of this article;
     4    (2) the date its application for authority was filed by the department
     5  of state; and
     6    (3) each change effected thereby.
     7    (b) A certificate of change which changes only the post office address
     8  to  which  [the  secretary  of  state] a person shall mail a copy of any
     9  process against a foreign limited partnership served upon [him  or]  the
    10  secretary  of state and/or the address of the registered agent, provided
    11  such address being changed is the  address  of  a  person,  partnership,
    12  limited liability company or corporation whose address, as agent, is the
    13  address to be changed or who has been designated as registered agent for
    14  such  foreign  limited  partnership shall be signed and delivered to the
    15  department of state by such agent. The certificate of change  shall  set
    16  forth  the  statements  required  under subdivision (a) of this section;
    17  that a notice of the proposed change was mailed to the  foreign  limited
    18  partnership  by  the  party signing the certificate not less than thirty
    19  days prior to the date of delivery to the department of state  and  that
    20  such  foreign limited partnership has not objected thereto; and that the
    21  party signing the certificate is the agent of such foreign limited part-
    22  nership to whose address [the secretary of state] a person  is  required
    23  to mail copies of process served on the secretary of state or the regis-
    24  tered  agent,  if  such  be the case. A certificate signed and delivered
    25  under this subdivision shall  not  be  deemed  to  effect  a  change  of
    26  location  of  the office of the limited partnership in whose behalf such
    27  certificate is filed.
    28    § 64. Paragraph 6 of subdivision (b) of section 121-905 of  the  part-
    29  nership  law, as added by chapter 950 of the laws of 1990, is amended to
    30  read as follows:
    31    (6) a post office address, within or without this state, to which [the
    32  secretary of state] a person shall mail a copy of any process against it
    33  served upon [him] the secretary of state.
    34    § 65. Paragraph 7 of subdivision (a) of section 121-1103 of the  part-
    35  nership  law, as added by chapter 950 of the laws of 1990, is amended to
    36  read as follows:
    37    (7) A designation of the secretary of state as  its  agent  upon  whom
    38  process  against  it  may  be  served in the manner set forth in section
    39  121-109 of this article in any action or special proceeding, and a  post
    40  office address, within or without this state, to which [the secretary of
    41  state]  a  person shall mail a copy of any process served upon [him] the
    42  secretary of state.  Such post office address shall supersede any  prior
    43  address designated as the address to which process shall be mailed.
    44    §  66. Subparagraphs 2 and 4 of paragraph (I) and clause 4 of subpara-
    45  graph (A) of paragraph (II) of subdivision (a) of  section  121-1500  of
    46  the partnership law, subparagraph 2 of paragraph (I) as added by chapter
    47  576  of  the laws of 1994, subparagraph 4 of paragraph (I) as amended by
    48  chapter 643 of the laws of 1995 and such paragraph  as  redesignated  by
    49  chapter  767  of  the  laws  of 2005 and clause 4 of subparagraph (A) of
    50  paragraph (II) as amended by chapter 44 of the laws of 2006, are amended
    51  to read as follows:
    52    (2) the address, within this state, of the  principal  office  of  the
    53  partnership without limited partners;
    54    (4)  a  designation of the secretary of state as agent of the partner-
    55  ship without limited partners upon whom process against it may be served
    56  and the post office address, within or without this state, to which  the

        S. 1508                            86                            A. 2008
 
     1  [secretary  of  state] a person shall mail a copy of any process against
     2  it or served [upon it] on the secretary of state;
     3    (4)  a  statement  that  the secretary of state has been designated as
     4  agent of the registered limited liability partnership upon whom  process
     5  against  it may be served and the post office address, within or without
     6  this state, to which [the secretary of state] a person shall mail a copy
     7  of any process against it served upon [him  or  her]  the  secretary  of
     8  state;
     9    § 67. Paragraphs (ii) and (iii) of subdivision (g) of section 121-1500
    10  of  the partnership law, as amended by section 8 of part S of chapter 59
    11  of the laws of 2015, are amended to read as follows:
    12    (ii) the address, within this state, of the principal  office  of  the
    13  registered limited liability partnership, (iii) the post office address,
    14  within or without this state, to which [the secretary of state] a person
    15  shall mail a copy of any process accepted against it served upon [him or
    16  her]  the secretary of state, which address shall supersede any previous
    17  address on file with the department of state for this purpose, and
    18    § 68. Subdivision (j-1) of section 121-1500 of the partnership law, as
    19  added by chapter 448 of the laws of 1998, is amended to read as follows:
    20    (j-1) A certificate of change  which  changes  only  the  post  office
    21  address  to which [the secretary of state] a person shall mail a copy of
    22  any process against a registered limited  liability  partnership  served
    23  upon  [him]  the secretary of state and/or the address of the registered
    24  agent, provided such address being changed is the address of  a  person,
    25  partnership,  limited liability company or corporation whose address, as
    26  agent, is the address to be changed or who has been designated as regis-
    27  tered agent for such registered limited liability partnership  shall  be
    28  signed  and  delivered  to  the  department  of state by such agent. The
    29  certificate of change shall set forth: (i) the name  of  the  registered
    30  limited  liability  partnership  and,  if  it has been changed, the name
    31  under which it was originally filed with the department of  state;  (ii)
    32  the  date  of  filing  of  its initial registration or notice statement;
    33  (iii) each change effected thereby; (iv) that a notice of  the  proposed
    34  change  was  mailed  to  the  limited liability partnership by the party
    35  signing the certificate not less than thirty days prior to the  date  of
    36  delivery  to  the  department  of  state and that such limited liability
    37  partnership has not objected thereto; and (v) that the party signing the
    38  certificate is the agent of such limited liability partnership to  whose
    39  address  [the secretary of state] a person is required to mail copies of
    40  process served on the secretary of state or  the  registered  agent,  if
    41  such be the case. A certificate signed and delivered under this subdivi-
    42  sion shall not be deemed to effect a change of location of the office of
    43  the  limited  liability  partnership in whose behalf such certificate is
    44  filed. The certificate of change shall be accompanied by a fee  of  five
    45  dollars.
    46    §  69.  Subdivision (a) of section 121-1502 of the partnership law, as
    47  amended by chapter 643 of the laws of 1995, paragraph (v) as amended  by
    48  chapter 470 of the laws of 1997, is amended to read as follows:
    49    (a)  In  order for a foreign limited liability partnership to carry on
    50  or conduct or transact business or activities as a New  York  registered
    51  foreign limited liability partnership in this state, such foreign limit-
    52  ed  liability  partnership  shall  file  with  the department of state a
    53  notice which shall set forth: (i)  the  name  under  which  the  foreign
    54  limited liability partnership intends to carry on or conduct or transact
    55  business  or  activities  in  this state; (ii) the date on which and the
    56  jurisdiction in which it registered as a limited liability  partnership;

        S. 1508                            87                            A. 2008
 
     1  (iii)  the  address,  within  this state, of the principal office of the
     2  foreign  limited  liability  partnership;   (iv)   the   profession   or
     3  professions  to  be practiced by such foreign limited liability partner-
     4  ship  and a statement that it is a foreign limited liability partnership
     5  eligible to file a notice under this chapter; (v) a designation  of  the
     6  secretary of state as agent of the foreign limited liability partnership
     7  upon  whom  process against it may be served and the post office address
     8  within or without this state, to which [the secretary of state] a person
     9  shall mail a copy of any process against it [or] served  upon  [it]  the
    10  secretary of state; (vi) if the foreign limited liability partnership is
    11  to  have  a  registered  agent, its name and address in this state and a
    12  statement that the registered agent is to be the agent  of  the  foreign
    13  limited  liability  partnership  upon  whom  process  against  it may be
    14  served; (vii) a statement that its registration as a  limited  liability
    15  partnership is effective in the jurisdiction in which it registered as a
    16  limited  liability partnership at the time of the filing of such notice;
    17  (viii) a statement that the foreign  limited  liability  partnership  is
    18  filing  a  notice  in  order  to  obtain status as a New York registered
    19  foreign limited liability partnership; (ix) if the registration  of  the
    20  foreign limited liability partnership is to be effective on a date later
    21  than  the  time  of  filing, the date, not to exceed sixty days from the
    22  date of filing, of  such  proposed  effectiveness;  and  (x)  any  other
    23  matters  the foreign limited liability partnership determines to include
    24  in the notice. Such notice shall be accompanied by either (1) a copy  of
    25  the  last  registration  or renewal registration (or similar filing), if
    26  any, filed by the foreign limited liability partnership with the  juris-
    27  diction  where it registered as a limited liability partnership or (2) a
    28  certificate, issued by the jurisdiction where it registered as a limited
    29  liability partnership, substantially to the  effect  that  such  foreign
    30  limited  liability  partnership  has  filed  a registration as a limited
    31  liability partnership which is effective on the date of the  certificate
    32  (if  such  registration,  renewal  registration  or  certificate is in a
    33  foreign language, a translation thereof under  oath  of  the  translator
    34  shall  be  attached thereto). Such notice shall also be accompanied by a
    35  fee of two hundred fifty dollars.
    36    § 70. Subparagraphs (ii) and (iii) of paragraph (I) of subdivision (f)
    37  of section 121-1502 of the partnership law, as amended by section  9  of
    38  part  S  of  chapter  59  of  the  laws  of 2015, are amended to read as
    39  follows:
    40    (ii) the address, within this state, of the principal  office  of  the
    41  New  York  registered  foreign  limited liability partnership, (iii) the
    42  post office address, within or without this state, to which [the  secre-
    43  tary  of  state]  a  person  shall  mail  a copy of any process accepted
    44  against it served upon [him  or  her]  the  secretary  of  state,  which
    45  address shall supersede any previous address on file with the department
    46  of state for this purpose, and
    47    §  71.  Clause  5 of subparagraph (A) of paragraph (II) of subdivision
    48  (f) of section 121-1502 of the partnership law, as amended by chapter 44
    49  of the laws of 2006, is amended to read as follows:
    50    (5) a statement that the secretary of state  has  been  designated  as
    51  agent  of  the  foreign  limited liability partnership upon whom process
    52  against it may be served and the post office address, within or  without
    53  this state, to which [the secretary of state] a person shall mail a copy
    54  of  any  process  against  it  served upon [him or her] the secretary of
    55  state;

        S. 1508                            88                            A. 2008
 
     1    § 72. Subdivision (i-1) of section 121-1502 of the partnership law, as
     2  added by chapter 448 of the laws of 1998, is amended to read as follows:
     3    (i-1)  A  certificate  of  change  which  changes only the post office
     4  address to which [the secretary of state] a person shall mail a copy  of
     5  any  process  against  a  New  York registered foreign limited liability
     6  partnership served upon [him] the secretary of state and/or the  address
     7  of  the  registered  agent,  provided  such address being changed is the
     8  address of a person, partnership, limited liability  company  or  corpo-
     9  ration  whose address, as agent, is the address to be changed or who has
    10  been designated as registered agent of such registered  foreign  limited
    11  liability partnership shall be signed and delivered to the department of
    12  state  by such agent. The certificate of change shall set forth: (i) the
    13  name of the New York registered foreign limited  liability  partnership;
    14  (ii) the date of filing of its initial registration or notice statement;
    15  (iii)  each  change effected thereby; (iv) that a notice of the proposed
    16  change was mailed to the limited  liability  partnership  by  the  party
    17  signing  the  certificate not less than thirty days prior to the date of
    18  delivery to the department of state  and  that  such  limited  liability
    19  partnership has not objected thereto; and (v) that the party signing the
    20  certificate  is the agent of such limited liability partnership to whose
    21  address [the secretary of state] a person is required to mail copies  of
    22  process  served  on  the  secretary of state or the registered agent, if
    23  such be the case. A certificate signed and delivered under this subdivi-
    24  sion shall not be deemed to effect a change of location of the office of
    25  the limited liability partnership in whose behalf  such  certificate  is
    26  filed.  The  certificate of change shall be accompanied by a fee of five
    27  dollars.
    28    § 73. Subdivision (a) of section 121-1505 of the partnership  law,  as
    29  added  by chapter 470 of the laws of 1997, is amended and two new subdi-
    30  visions (d) and (e) are added to read as follows:
    31    (a) Service of process on the secretary of state as agent of a  regis-
    32  tered  limited  liability  partnership  or  New  York registered foreign
    33  limited liability partnership under this article shall be made by  mail-
    34  ing  the process and notice of service thereof by certified mail, return
    35  receipt requested, to such registered limited liability  partnership  or
    36  New  York  registered foreign limited liability partnership, at the post
    37  office address on file in the department of  state  specified  for  such
    38  purpose.  On the same date that such process is mailed, a duplicate copy
    39  of such process and proof of mailing together with  the  statutory  fee,
    40  which fee shall be a taxable disbursement, shall be personally [deliver-
    41  ing]  delivered  to  and [leaving] left with the secretary of state or a
    42  deputy, or with any person authorized  by  the  secretary  of  state  to
    43  receive  such  service,  at the office of the department of state in the
    44  city of Albany, [duplicate copies of such  process]  together  with  the
    45  statutory fee, which fee shall be a taxable disbursement. Proof of mail-
    46  ing  shall  be  by affidavit of compliance with this section. Service of
    47  process on such registered limited liability  partnership  or  New  York
    48  registered  foreign limited liability partnership shall be complete when
    49  the secretary of state is so  served.  [The  secretary  of  state  shall
    50  promptly  send  one  of  such  copies  by certified mail, return receipt
    51  requested, to such registered limited liability partnership, at the post
    52  office address on file in the department of  state  specified  for  such
    53  purpose.]
    54    (d) The department of state shall keep a record of each process served
    55  upon  the  secretary  of state under this chapter, including the date of
    56  such service. It shall, upon request  made  within  ten  years  of  such

        S. 1508                            89                            A. 2008
 
     1  service, issue a certificate under its seal certifying as to the receipt
     2  of  the  process  by  an  authorized  person, the date and place of such
     3  service and the receipt of the statutory fee.  Process served  upon  the
     4  secretary  of state under this chapter shall be destroyed by the depart-
     5  ment of state after a period of ten years from such service.
     6    (e) Any designated post office address maintained by the secretary  of
     7  state as agent of a registered limited liability partnership or New York
     8  registered  foreign  limited  liability  partnership  for the purpose of
     9  mailing process shall be the post office address, within or without  the
    10  state, to which a person shall mail process against such limited liabil-
    11  ity  company  as  required  by this article. Such address shall continue
    12  until the filing of a certificate under this chapter directing the mail-
    13  ing to a different post office address.
    14    § 74. Subdivision (b) of section 121-1506 of the partnership  law,  as
    15  added  by  chapter  448  of  the laws of 1998, paragraph 4 as amended by
    16  chapter 172 of the laws of 1999, is amended to read as follows:
    17    (b) The party (or the party's legal representative) whose post  office
    18  address  has  been  supplied  by  a limited liability partnership as its
    19  address for process may resign. A certificate entitled  "Certificate  of
    20  Resignation  for  Receipt  of  Process  under Section 121-1506(b) of the
    21  Partnership Law" shall be signed by such  party  and  delivered  to  the
    22  department of state. It shall set forth:
    23    (1)  The  name  of the limited liability partnership and the date that
    24  its certificate of registration was filed by the department of state.
    25    (2) That the address of the party has been designated by  the  limited
    26  liability partnership as the post office address to which [the secretary
    27  of state] a person shall mail a copy of any process served on the secre-
    28  tary  of  state as agent for such limited liability partnership and that
    29  such party wishes to resign.
    30    (3) That at least sixty days prior to the filing of the certificate of
    31  resignation for receipt of process with  the  department  of  state  the
    32  party  has  sent a copy of the certificate of resignation for receipt of
    33  process by registered or certified mail to the address of the registered
    34  agent of the [designated] designating limited liability partnership,  if
    35  other  than the party filing the certificate of resignation, for receipt
    36  of process, or if the [resigning] designating limited liability partner-
    37  ship has no registered agent, then to the last address  of  the  [desig-
    38  nated]  designating  limited  liability partnership, known to the party,
    39  specifying the address to which the copy was sent. If there is no regis-
    40  tered agent and no known address of the  designating  limited  liability
    41  partnership the party shall attach an affidavit to the certificate stat-
    42  ing  that  a  diligent  but unsuccessful search was made by the party to
    43  locate the limited liability partnership, specifying what  efforts  were
    44  made.
    45    (4) That the [designated] designating limited liability partnership is
    46  required  to  deliver to the department of state a certificate of amend-
    47  ment providing for the designation by the limited liability  partnership
    48  of a new address and that upon its failure to file such certificate, its
    49  authority to do business in this state shall be suspended.
    50    §  75.  Paragraph  16  of  subdivision 1 of section 103 of the private
    51  housing finance law, as added by chapter 22 of  the  laws  of  1970,  is
    52  amended to read as follows:
    53    (16)  A  designation  of the secretary of state as agent of the corpo-
    54  ration upon whom process against it may be served and  the  post  office
    55  address, within or without this state, to which [the secretary of state]

        S. 1508                            90                            A. 2008
 
     1  a  person  shall mail a copy of any process against it served upon [him]
     2  the secretary of state.
     3    §  76.  Subdivision  7  of  section  339-n of the real property law is
     4  REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
     5    § 76-a. Subdivision 15 of section  20.03  of  the  arts  and  cultural
     6  affairs  law, as added by chapter 656 of the laws of 1991, is amended to
     7  read as follows:
     8    15. "Non-institutional portion" shall mean the part or  portion  of  a
     9  combined-use  facility other than the institutional portion. If the non-
    10  institutional portion, or any part thereof, consists of  a  condominium,
    11  the  consent  of the trust which has developed or approved the developer
    12  of such condominium shall be required prior  to  any  amendment  of  the
    13  declaration  of such condominium pursuant to subdivision [nine] eight of
    14  section three hundred thirty-nine-n of the real property law  and  prior
    15  to  any  amendment  of the by-laws of such condominium pursuant to para-
    16  graph (j) of subdivision one of section three hundred  thirty-nine-v  of
    17  the  real property law, and whether or not such trust is a unit owner of
    18  such condominium, it may exercise the rights of the  board  of  managers
    19  and an aggrieved unit owner under section three hundred thirty-nine-j of
    20  the real property law in the case of a failure of any unit owner of such
    21  condominium  to comply with the by-laws of such condominium and with the
    22  rules, regulations, and decisions adopted pursuant thereto.
    23    § 77. Subdivision 2 of section 339-s of  the  real  property  law,  as
    24  added by chapter 346 of the laws of 1997, is amended to read as follows:
    25    2.  [Each  such  declaration,  and any amendment or amendments thereof
    26  shall be filed with the department of state] (a) The board  of  managers
    27  for  each condominium subject to this article shall file with the secre-
    28  tary of state a certificate, in writing, signed, designating the  secre-
    29  tary  of  state  as  agent  of  the  board of managers upon whom process
    30  against it may be served and the post office address to which  a  person
    31  shall mail a copy of such process.  The certificate shall be accompanied
    32  by a fee of sixty dollars.
    33    (b)  Any  board  of  managers may change the address to which a person
    34  shall mail a copy of process served upon  the  secretary  of  state,  by
    35  filing  a  signed certificate of amendment with the department of state.
    36  Such certificate shall be accompanied by a fee of sixty dollars.
    37    (c) Service of process on the secretary of state as agent of  a  board
    38  of  managers  shall be made by mailing the process and notice of service
    39  of process pursuant to this section by certified  mail,  return  receipt
    40  requested, to such board of managers, at the post office address on file
    41  in  the  department of state specified for this purpose. On the same day
    42  that such process is mailed, a duplicate copy of such process and  proof
    43  of  mailing shall be personally delivered to and left with the secretary
    44  of state or a deputy, or with any person authorized by the secretary  of
    45  state  to receive such service, at the office of the department of state
    46  in the city of Albany, a duplicate copy of such process  with  proof  of
    47  mailing  together  with  the  statutory  fee,  which  shall be a taxable
    48  disbursement. Proof of mailing shall be by affidavit of compliance  with
    49  this  section.  Service  of  process  on  a  board  of managers shall be
    50  complete when the secretary of state is so served.
    51    (d) As used in this article, "process" shall mean judicial process and
    52  all orders, demands, notices or other papers required  or  permitted  by
    53  law  to  be personally served on a board of managers, for the purpose of
    54  acquiring jurisdiction of such  board  of  managers  in  any  action  or
    55  proceeding,  civil  or criminal, whether judicial, administrative, arbi-

        S. 1508                            91                            A. 2008
 
     1  trative or otherwise, in this state or in the federal courts sitting  in
     2  or for this state.
     3    (e) Nothing in this section shall affect the right to serve process in
     4  any other manner permitted by law.
     5    (f) The department of state shall keep a record of each process served
     6  under  this  section,  including  the  date  of  service. It shall, upon
     7  request, made within ten years of  such  service,  issue  a  certificate
     8  under  its seal certifying as to the receipt of process by an authorized
     9  person, the date and place of such service and the receipt of the statu-
    10  tory fee. Process served on the secretary of state  under  this  section
    11  shall  be  destroyed  by  the  department of state after a period of ten
    12  years from such service.
    13    (g) Any designated post office address maintained by the secretary  of
    14  state as agent of the board of managers for the purpose of mailing proc-
    15  ess  shall  be  the post office address, within or without the state, to
    16  which a person shall mail process against such board as required by this
    17  article. Such address shall continue until the filing of  a  certificate
    18  under  this  chapter  directing  the  mailing to a different post office
    19  address.
    20    § 78. Subdivisions 3 and 4 of section 442-g of the real property  law,
    21  as  amended  by  chapter 482 of the laws of 1963, are amended to read as
    22  follows:
    23    3. Service of such process upon the secretary of state shall  be  made
    24  by  personally delivering to and leaving with [him or his] the secretary
    25  of state or a deputy, or with any person authorized by the secretary  of
    26  state  to receive such service, at the office of the department of state
    27  in the city of Albany, [duplicate copies] a copy  of  such  process  and
    28  proof  of  mailing  together with a fee of five dollars if the action is
    29  solely for the recovery of a sum of money not in excess of  two  hundred
    30  dollars  and the process is so endorsed, and a fee of ten dollars in any
    31  other action or proceeding, which fee shall be a  taxable  disbursement.
    32  If  such  process  is  served  upon  behalf  of  a county, city, town or
    33  village, or other political subdivision of the state, the fee to be paid
    34  to the secretary of state shall be five  dollars,  irrespective  of  the
    35  amount  involved  or  the  nature of the action on account of which such
    36  service of process is made. [If the cost of registered mail  for  trans-
    37  mitting  a  copy  of the process shall exceed two dollars, an additional
    38  fee equal to such excess shall be paid at the time  of  the  service  of
    39  such process.] Proof of mailing shall be by affidavit of compliance with
    40  this  section. Proof of service shall be by affidavit of compliance with
    41  this subdivision filed by or on behalf of the  plaintiff  together  with
    42  the  process,  within ten days after such service, with the clerk of the
    43  court in which the action or special proceeding  is  pending.    Service
    44  made  as  provided in this section shall be complete ten days after such
    45  papers are filed with the clerk of the court and  shall  have  the  same
    46  force  and  validity as if served on him personally within the state and
    47  within the territorial jurisdiction of the court from which the  process
    48  issues.
    49    4. The [secretary of state] person serving such process shall [prompt-
    50  ly]  send [one of] such [copies] process by [registered] certified mail,
    51  return receipt requested,  to  the  nonresident  broker  or  nonresident
    52  salesman  at  the post office address of his main office as set forth in
    53  the last application filed by him.
    54    § 79. Subdivision 2 of section 203 of the tax law, as amended by chap-
    55  ter 100 of the laws of 1964, is amended to read as follows:

        S. 1508                            92                            A. 2008
 
     1    2.   Every foreign corporation  (other  than  a  moneyed  corporation)
     2  subject to the provisions of this article, except a corporation having a
     3  certificate of authority [under section two hundred twelve of the gener-
     4  al  corporation  law]  or  having  authority to do business by virtue of
     5  section  thirteen  hundred  five  of the business corporation law, shall
     6  file in the department of state a  certificate  of  designation  in  its
     7  corporate  name, signed and acknowledged by its president or a vice-pre-
     8  sident or its secretary or treasurer, under its corporate  seal,  desig-
     9  nating  the  secretary  of  state  as its agent upon whom process in any
    10  action provided for by this article may be served within this state, and
    11  setting forth an address to which [the  secretary  of  state]  a  person
    12  shall  mail a copy of any such process against the corporation which may
    13  be served upon [him] the secretary of state.   In case any  such  corpo-
    14  ration  shall  have  failed  to file such certificate of designation, it
    15  shall be deemed to have designated the secretary of state as  its  agent
    16  upon whom such process against it may be served; and until a certificate
    17  of  designation shall have been filed the corporation shall be deemed to
    18  have directed [the secretary of state] a person serving process to  mail
    19  copies of process served upon [him] the secretary of state to the corpo-
    20  ration  at  its  last  known office address within or without the state.
    21  When a certificate of designation has been  filed  by  such  corporation
    22  [the  secretary  of state] a person serving process shall mail copies of
    23  process thereafter served upon [him]  the  secretary  of  state  to  the
    24  address  set forth in such certificate.  Any such corporation, from time
    25  to time, may change the address to which  [the  secretary  of  state]  a
    26  person is directed to mail copies of process, by filing a certificate to
    27  that  effect  executed,  signed  and  acknowledged  in  like manner as a
    28  certificate of designation as herein provided.  Service of process  upon
    29  any  such  corporation  or  upon any corporation having a certificate of
    30  authority [under section two hundred twelve of the  general  corporation
    31  law]  or  having  authority to do business by virtue of section thirteen
    32  hundred five of the business corporation law, in any action commenced at
    33  any time pursuant to the provisions of this  article,  may  be  made  by
    34  either  (1)  personally  delivering to and leaving with the secretary of
    35  state, a deputy secretary of state or with any person authorized by  the
    36  secretary  of  state  to  receive such service [duplicate copies] a copy
    37  thereof at the office of the department of state in the city of  Albany,
    38  in  which  event  [the secretary of state] a person serving such process
    39  shall forthwith send by  [registered]  certified  mail,  return  receipt
    40  requested,  [one  of such copies] a duplicate copy to the corporation at
    41  the address designated by it or at its last known office address  within
    42  or  without  the state, or (2) personally delivering to and leaving with
    43  the secretary of state, a deputy secretary of state or with  any  person
    44  authorized  by  the  secretary  of state to receive such service, a copy
    45  thereof at the office of the department of state in the city  of  Albany
    46  and  by  delivering  a  copy thereof to, and leaving such copy with, the
    47  president, vice-president, secretary,  assistant  secretary,  treasurer,
    48  assistant  treasurer,  or  cashier  of  such corporation, or the officer
    49  performing corresponding functions under another name, or a director  or
    50  managing agent of such corporation, personally without the state.  Proof
    51  of such personal service without the state shall be filed with the clerk
    52  of  the  court  in  which the action is pending within thirty days after
    53  such service, and such service shall be complete ten  days  after  proof
    54  thereof is filed.
    55    §  80. Section 216 of the tax law, as added by chapter 415 of the laws
    56  of 1944, the opening paragraph as amended by chapter 100 of the laws  of

        S. 1508                            93                            A. 2008
 
     1  1964  and redesignated by chapter 613 of the laws of 1976, is amended to
     2  read as follows:
     3    §  216.  Collection  of taxes. Every foreign corporation (other than a
     4  moneyed corporation) subject to the provisions of this article, except a
     5  corporation having a certificate of authority [under section two hundred
     6  twelve of the general corporation law] or having authority to  do  busi-
     7  ness  by  virtue of section thirteen hundred five of the business corpo-
     8  ration law, shall file in the  department  of  state  a  certificate  of
     9  designation in its corporate name, signed and acknowledged by its presi-
    10  dent or a vice-president or its secretary or treasurer, under its corpo-
    11  rate  seal,  designating  the  secretary of state as its agent upon whom
    12  process in any action provided for by this article may be served  within
    13  this  state,  and  setting  forth  an address to which [the secretary of
    14  state] a person shall mail a copy of any such process against the corpo-
    15  ration which may be served upon [him] the secretary of  state.  In  case
    16  any  such  corporation  shall  have  failed  to file such certificate of
    17  designation, it shall be deemed to  have  designated  the  secretary  of
    18  state  as its agent upon whom such process against it may be served; and
    19  until a certificate of designation shall have been filed the corporation
    20  shall be deemed to have directed [the secretary of state]  a  person  to
    21  mail [copies] a copy of process served upon [him] the secretary of state
    22  to  the  corporation  at its last known office address within or without
    23  the state.  When a certificate of designation has  been  filed  by  such
    24  corporation [the secretary of state] a person serving such process shall
    25  mail  [copies]  a  copy of process thereafter served upon [him] a person
    26  serving such process to the address set forth in such certificate.   Any
    27  such  corporation,  from  time  to time, may change the address to which
    28  [the secretary of state] a person is directed to mail copies of process,
    29  by filing a certificate to that effect executed, signed and acknowledged
    30  in like manner as a  certificate  of  designation  as  herein  provided.
    31  Service  of  process  upon  any such corporation or upon any corporation
    32  having a certificate of authority [under section two hundred  twelve  of
    33  the  general  corporation  law]  or  having  authority to do business by
    34  virtue of section thirteen hundred five of the business corporation law,
    35  in any action commenced at any time pursuant to the provisions  of  this
    36  article,  may be made by either (1) personally delivering to and leaving
    37  with the secretary of state, a deputy secretary of  state  or  with  any
    38  person  authorized  by  the  secretary  of state to receive such service
    39  [duplicate copies] a copy thereof at the office  of  the  department  of
    40  state  in  the city of Albany, in which event [the secretary of state] a
    41  person serving such process shall forthwith send by [registered]  certi-
    42  fied  mail,  return  receipt requested, [one of such copies] a duplicate
    43  copy to the corporation at the address designated by it or at  its  last
    44  known  office  address  within  or  without the state, or (2) personally
    45  delivering to and leaving with the secretary of state, a  deputy  secre-
    46  tary of state or with any person authorized by the secretary of state to
    47  receive  such service, a copy thereof at the office of the department of
    48  state in the city of Albany and by delivering a  copy  thereof  to,  and
    49  leaving  such  copy  with,  the  president,  vice-president,  secretary,
    50  assistant secretary, treasurer, assistant treasurer, or cashier of  such
    51  corporation,  or  the  officer  performing corresponding functions under
    52  another name, or a director  or  managing  agent  of  such  corporation,
    53  personally  without  the state.   Proof of such personal service without
    54  the state shall be filed with the clerk of the court in which the action
    55  is pending within thirty days after such service, and such service shall
    56  be complete ten days after proof thereof is filed.

        S. 1508                            94                            A. 2008
 
     1    § 81. Subdivisions (a) and (b) of section 310 of the tax law, as added
     2  by chapter 400 of the laws of 1983, are amended to read as follows:
     3    (a)  Designation  for  service  of  process.--Every petroleum business
     4  which is a corporation,  except  such  a  petroleum  business  having  a
     5  certificate of authority [under section two hundred twelve of the gener-
     6  al  corporation  law]  or  having  authority to do business by virtue of
     7  section thirteen hundred five of the  business  corporation  law,  shall
     8  file  in  the  department  of  state a certificate of designation in its
     9  corporate name, signed and acknowledged by its president or  vice-presi-
    10  dent  or its secretary or treasurer, under its corporate seal, designat-
    11  ing the secretary of state as its agent upon whom process in any  action
    12  provided  for  by  this  article  may  be  served within this state, and
    13  setting forth an address to which [the  secretary  of  state]  a  person
    14  shall  mail  a  copy of any such process against such petroleum business
    15  which may be served upon [him] the secretary of state. In case any  such
    16  petroleum  business shall have failed to file such certificate of desig-
    17  nation, it shall be deemed to have designated the secretary of state  as
    18  its  agent  upon whom such process against it may be served; and until a
    19  certificate of designation shall have been filed such a petroleum  busi-
    20  ness  shall be deemed to have directed [the secretary of state] a person
    21  to mail copies of process served upon [him] the secretary  of  state  to
    22  such petroleum business at its last known office address within or with-
    23  out  the state. When a certificate of designation has been filed by such
    24  a petroleum business [the secretary of state] a person  serving  process
    25  shall  mail copies of process thereafter served upon [him] the secretary
    26  of state to the address set forth in such certificate. Any such petrole-
    27  um business, from time to time, may change the  address  to  which  [the
    28  secretary  of  state] a person is directed to mail copies of process, by
    29  filing a certificate to that effect executed, signed and acknowledged in
    30  like manner as a certificate of designation as herein provided.
    31    (b) Service of process.--Service of process upon any  petroleum  busi-
    32  ness  which  is  a  corporation  (including  any such petroleum business
    33  having a certificate of authority [under section two hundred  twelve  of
    34  the  general  corporation  law]  or  having  authority to do business by
    35  virtue of section thirteen hundred  five  of  the  business  corporation
    36  law),  in any action commenced at any time pursuant to the provisions of
    37  this article, may be made by either (1)  personally  delivering  to  and
    38  leaving with the secretary of state, a deputy secretary of state or with
    39  any  person authorized by the secretary of state to receive such service
    40  [duplicate copies] a copy thereof at the office  of  the  department  of
    41  state  in  the city of Albany, in which event [the secretary of state] a
    42  person serving process shall forthwith send  by  [registered]  certified
    43  mail, return receipt requested, [one of such copies] a duplicate copy to
    44  such  petroleum  business at the address designated by it or at its last
    45  known office address within or without  the  state,  or  (2)  personally
    46  delivering  to  and leaving with the secretary of state, a deputy secre-
    47  tary of state or with any person authorized by the secretary of state to
    48  receive such service, a copy thereof at the office of the department  of
    49  state  in  the  city  of Albany and by delivering a copy thereof to, and
    50  leaving  such  copy  with,  the  president,  vice-president,  secretary,
    51  assistant  secretary, treasurer, assistant treasurer, or cashier of such
    52  petroleum business, or the officer  performing  corresponding  functions
    53  under  another  name,  or a director or managing agent of such petroleum
    54  business, personally without the state. Proof of such  personal  service
    55  without  the  state  shall be filed with the clerk of the court in which

        S. 1508                            95                            A. 2008

     1  the action is pending within thirty days after such  service,  and  such
     2  service shall be complete ten days after proof thereof is filed.
     3    §  82.  This  act  shall  take effect on the one hundred twentieth day
     4  after it shall have become a law.
 
     5                                   PART R
 
     6    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
     7  executive  law  relating to permitting the secretary of state to provide
     8  special handling for all documents filed or issued by  the  division  of
     9  corporations  and to permit additional levels of such expedited service,
    10  as amended by section 1 of part S of chapter 58 of the laws of 2018,  is
    11  amended to read as follows:
    12    §  2.  This  act shall take effect immediately, provided however, that
    13  section one of this act shall be deemed to have been in full  force  and
    14  effect  on  and  after  April 1, 2003 and shall expire March 31, [2019]
    15  2020.
    16    § 2. This act shall take effect immediately and  shall  be  deemed  to
    17  have been in full force and effect on and after March 31, 2019.
 
    18                                   PART S
 
    19    Section  1.  The  first  undesignated paragraph of subdivision 24-b of
    20  section 10 of the highway law, as amended by  chapter  155  of  laws  of
    21  1985, is amended to read as follows:
    22    Have  power,  whenever such commissioner of transportation deems it is
    23  necessary as a result of work of construction, reconstruction or mainte-
    24  nance of  state  highways,  to  provide  for  the  removal,  relocation,
    25  replacement  or  reconstruction  of privately, publicly or cooperatively
    26  owned water, storm and sewer lines and facilities,  facilities  for  the
    27  transmission  and/or distribution of communications, power, electricity,
    28  light, heat, gas, crude products, steam and other  similar  commodities,
    29  municipal  utility  facilities, or facilities of a corporation organized
    30  pursuant to the transportation corporations  law  that  are  located  on
    31  privately  owned  property.  Notwithstanding  any other provision of any
    32  law, the commissioner of transportation may enter into an agreement with
    33  a fiber optic utility for occupancy of the state right of way,  provided
    34  however, any provider occupying a right of way in fulfillment of a state
    35  grant award through the New NY Broadband Program shall not be subject to
    36  a  fee  for  such occupancy, and provided further, any fee for occupancy
    37  charged to a fiber optic utility shall be prohibited from  being  passed
    38  through in whole or in part as a fee, charge, increased service cost, or
    39  by any other means by a fiber optic utility to any person or entity that
    40  contracts  with  such  fiber  optic  utility  for  service, and provided
    41  further that any compensation received by the  state  pursuant  to  such
    42  agreement  shall  be deposited by the comptroller into the special obli-
    43  gation reserve and payment account of the dedicated highway  and  bridge
    44  trust  fund  established  pursuant to section eighty-nine-b of the state
    45  finance law. If such work requires  additional  property  or  if  it  is
    46  necessary  that the relocation of such facilities be made to other prop-
    47  erty, he may acquire such property as may be necessary for the  purposes
    48  of  this  subdivision,  in the same manner as other property is acquired
    49  for state highway purposes pursuant to this  chapter,  and  he  and  the
    50  owner  of  such  facilities may enter into a written agreement to convey
    51  such property as deemed necessary for the purposes of  this  subdivision
    52  to  such  owner  on  terms  beneficial to the state. The expense of such

        S. 1508                            96                            A. 2008
 
     1  removal, relocation, replacement or reconstruction and cost of  property
     2  acquisition  shall  be  a  proper charge against funds available for the
     3  construction, reconstruction or maintenance of state highways.    Except
     4  when  such  facilities  are owned by a corporation organized pursuant to
     5  the transportation corporations law, the work  of  such  removal,  relo-
     6  cation,  replacement or reconstruction shall be performed by contract in
     7  the same manner as provided for state highways in article three of  this
     8  chapter,  or,  by  the  use  of departmental forces and equipment and of
     9  materials purchased therefor, unless the commissioner of  transportation
    10  consents  to having the owner of such facilities provide for the work of
    11  such removal, relocation, replacement or  reconstruction.  In  the  case
    12  where  such  facilities are owned by a corporation organized pursuant to
    13  the transportation corporations law, the work  of  such  removal,  relo-
    14  cation,  replacement  or  reconstruction  shall  be provided for by such
    15  corporation unless it consents to having the commissioner of transporta-
    16  tion provide for such work to be performed by  contract,  in  accordance
    17  with  specifications provided by such corporation, in the same manner as
    18  provided for state highways in article three of this chapter, or, by the
    19  use of departmental forces and  equipment  and  of  materials  purchased
    20  therefor.  Upon  the  completion  of  the work, such facilities shall be
    21  maintained by the owners thereof.
    22    § 2. The transportation corporations law is amended by  adding  a  new
    23  section 7 to read as follows:
    24    §  7.  Agreement  for  fiber optic utility occupancy of state right of
    25  way.  Notwithstanding any other provision of any law,  the  commissioner
    26  of transportation may enter into an agreement with a fiber optic utility
    27  for  occupancy of the state right of way, provided however, any provider
    28  occupying a right of way in fulfillment of a state grant  award  through
    29  the  New  NY  Broadband  Program  shall not be subject to a fee for such
    30  occupancy, and provided further, any fee  for  occupancy  charged  to  a
    31  fiber  optic  utility  shall  be prohibited from being passed through in
    32  whole or in part as a fee, charge, increased service  cost,  or  by  any
    33  other  means  by  a  fiber  optic  utility  to any person or entity that
    34  contracts with such  fiber  optic  utility  for  service,  and  provided
    35  further  that  any  compensation  received by the state pursuant to such
    36  agreement shall be deposited by the comptroller into the  special  obli-
    37  gation  reserve  and payment account of the dedicated highway and bridge
    38  trust fund established pursuant to section eighty-nine-b  of  the  state
    39  finance law.
    40    § 3. This act shall take effect immediately.
 
    41                                   PART T
 
    42    Section  1.  Items  (a)  and (b) of subparagraph (v) of paragraph c of
    43  subdivision 2 and subdivision 9 of section  140  of  the  transportation
    44  law, items (a) and (b) of subparagraph (v) of paragraph c of subdivision
    45  2  as  amended by section 10 of part K of chapter 59 of the laws of 2009
    46  and such paragraph as relettered by section 6 of part G of chapter 58 of
    47  the laws of 2012 and subdivision 9 as amended by chapter 349 of the laws
    48  of 1993, are amended to read as follows:
    49    (a) [A driver who is convicted of violating an out-of-service order as
    50  provided for in the department's safety rules and regulations  shall  be
    51  guilty  of  a  traffic infraction which shall be punishable by a fine of
    52  not less than two thousand five hundred dollars nor more than four thou-
    53  sand dollars upon the first offense, and upon being found  guilty  of  a
    54  second  or  subsequent  offense  within eighteen months by a fine of not

        S. 1508                            97                            A. 2008

     1  less than five thousand dollars nor more than six thousand  dollars.]  A
     2  person  who  knowingly and willfully violates an out-of-service order as
     3  provided for in the department's safety rules and  regulations,  or  who
     4  knowingly and willfully removes an out-of-service sticker from a commer-
     5  cial motor vehicle as defined by section five hundred one-a of the vehi-
     6  cle  and  traffic  law without the authority of the department, shall be
     7  guilty of a class D felony. Upon making an arrest for any  violation  of
     8  this subdivision, or pursuant to the authority of a warrant issued under
     9  article  six  hundred  ninety  of the criminal procedure law, an officer
    10  shall remove or arrange for the removal of the vehicle or vehicles  used
    11  in the commission of the offense to a garage, automobile pound, or other
    12  place  of  safety  where  it  shall  remain  impounded  subject  to  the
    13  provisions of subdivisions two through seven  of  section  five  hundred
    14  eleven-b of the vehicle and traffic law and the vehicle shall be entered
    15  into  the  New York statewide police information network as an impounded
    16  vehicle and the impounding police department shall promptly  notify  the
    17  owner  and the local authority that the vehicle has been impounded. Upon
    18  conviction as a second or subsequent offender as  described  herein  the
    19  court  may  order forfeiture of any right, title or interest held by the
    20  defendant in any motor vehicle used in the commission of  such  offense.
    21  In  the  alternative, upon conviction as a second or subsequent offender
    22  as described herein, an action for forfeiture may be  commenced  by  the
    23  attorney  general on behalf of the commissioner or the corporation coun-
    24  sel or designee on behalf of the city in any superior court in the coun-
    25  ty of conviction. The defendant shall have a right to a trial by jury on
    26  any issue of fact. The plaintiff in the forfeiture action shall have the
    27  burden of proof by clear and convincing evidence on such issues of fact.
    28    (b) No person, corporation,  limited  liability  company  or  business
    29  entity,  joint  stock  association, partnership, or any officer or agent
    30  thereof, shall knowingly allow, require, permit or authorize any  person
    31  to operate a commercial motor vehicle as defined by section five hundred
    32  one-a  of  the  vehicle  and traffic law during any period in which such
    33  person, such commercial motor vehicle, or such motor  carrier  operation
    34  has been placed out of service as provided for in the department's safe-
    35  ty  rules  and  regulations  and shall be [subject to a fine of not less
    36  than two thousand seven hundred fifty dollars and not more than  twenty-
    37  five  thousand  dollars]  guilty  of  a class D felony for any violation
    38  thereof. Upon making an arrest for any violation of this subdivision, or
    39  pursuant to the authority of a warrant issued under article six  hundred
    40  ninety of the criminal procedure law, an officer shall remove or arrange
    41  for the removal of the vehicle or vehicles used in the commission of the
    42  offense  to a   garage, automobile pound, or other place of safety where
    43  it shall remain impounded subject to the provisions of subdivisions  two
    44  through  seven of section five hundred eleven-b of the vehicle and traf-
    45  fic law and the vehicle shall be entered into  the  New  York  statewide
    46  police  information  network  as an impounded vehicle and the impounding
    47  police department shall promptly notify the owner and the local authori-
    48  ty that the vehicle has been impounded. Upon conviction as a  second  or
    49  subsequent  offender  as described herein the court may order forfeiture
    50  of any right, title or interest held by the defendant in any motor vehi-
    51  cle used in the commission of such offense.   In the  alternative,  upon
    52  conviction  as  a  second or subsequent offender as described herein, an
    53  action for forfeiture may be commenced by the attorney general on behalf
    54  of the commissioner or the corporation counsel or designee on behalf  of
    55  the  city in any superior court in the county of conviction. The defend-
    56  ant shall have a right to a trial by jury on  any  issue  of  fact.  The

        S. 1508                            98                            A. 2008
 
     1  plaintiff  in  the  forfeiture  action shall have the burden of proof by
     2  clear and convincing evidence on such issues of fact.
     3    9.  (a) If, after notice and opportunity to be heard, the commissioner
     4  shall find that any person is operating in violation of  the  provisions
     5  of  this  section, the commissioner may penalize such person pursuant to
     6  subdivision three of section one hundred forty-five of this article. The
     7  commissioner may also notify the commissioner  of  motor  vehicles  that
     8  such  person  is  operating in violation of this section and the commis-
     9  sioner of motor vehicles shall thereupon suspend the registration of all
    10  motor vehicles owned or operated by such person, with the  exception  of
    11  private  passenger  automobiles, until such time as the commissioner may
    12  give notice that the violation has  been  satisfactorily  adjusted.  The
    13  commissioner  of  motor vehicles may direct any police officer to secure
    14  possession of the vehicle plates and to return the same to  the  commis-
    15  sioner  of  motor  vehicles.  Failure  of  the  holder  or of any person
    16  possessing the vehicle plates to  deliver  the  vehicle  plates  to  any
    17  police  officer who requests the same pursuant to this subdivision shall
    18  be a class A misdemeanor. The commissioner of motor vehicles shall  have
    19  the  authority  to  suspend,  revoke  or  deny a registration or renewal
    20  application to any other person for the same vehicle  and  may  suspend,
    21  revoke or deny a registration or renewal application for any other motor
    22  vehicle registered in the name of the applicant where it has been deter-
    23  mined  that  such  registrant's intent has been to evade the purposes of
    24  this subdivision and  where  the  commissioner  of  motor  vehicles  has
    25  reasonable  grounds  to  believe  that such registration or renewal will
    26  have the effect of defeating  the  purposes  of  this  subdivision.  The
    27  procedure  on  any such suspension shall be the same as in the case of a
    28  suspension under the vehicle and traffic law.  Operation  of  any  motor
    29  vehicle  while  under  suspension  as herein provided by any person with
    30  knowledge of the suspension shall constitute a class [A  misdemeanor]  E
    31  felony.   Upon making an arrest or upon issuing an appearance ticket for
    32  operating any motor vehicle while under suspension as herein provided by
    33  any person with knowledge of the suspension, or pursuant to the authori-
    34  ty of a warrant issued under article six hundred ninety of the  criminal
    35  procedure law, an officer shall remove or arrange for the removal of the
    36  vehicle  or  vehicles used in the commission of the offense to a garage,
    37  automobile pound, or  other  place  of  safety  where  it  shall  remain
    38  impounded subject to the provisions of subdivisions two through seven of
    39  section  five  hundred  eleven-b  of the vehicle and traffic law and the
    40  vehicle shall be entered into the New York statewide police  information
    41  network  as  an  impounded  vehicle and the impounding police department
    42  shall promptly notify the owner and the local authority that the vehicle
    43  has been impounded. Upon conviction as a second or  subsequent  offender
    44  as  described  herein the court may order forfeiture of any right, title
    45  or interest held by the defendant in  any  motor  vehicle  used  in  the
    46  commission of such offense.
    47    (b)  Whenever  the commissioner has reasonable grounds to believe that
    48  any person is operating in violation of this section under circumstances
    49  that endanger the health, safety, and welfare of the public, the commis-
    50  sioner may:  (i) immediately secure possession of the vehicle plates and
    51  notify the commissioner of motor vehicles to  that  effect,  or  without
    52  securing  possession  of  the  vehicle  plates,  immediately  notify the
    53  commissioner of motor vehicles to that effect, and the  commissioner  of
    54  motor vehicles shall thereupon suspend the registration or registrations
    55  of  all  motor vehicles owned or operated by such person, except private
    56  passenger automobiles, until such time as the commissioner gives  notice

        S. 1508                            99                            A. 2008
 
     1  that  the  violation has been satisfactorily adjusted provided, however,
     2  that the commissioner give notice and opportunity to be heard within not
     3  more than thirty days of the  suspension;  and  (ii)  after  notice  and
     4  opportunity  to  be  heard, penalize such person pursuant to subdivision
     5  three of section one hundred forty-five of this article. When the regis-
     6  tration or registrations of any motor vehicle is suspended  pursuant  to
     7  this  subdivision,  the  commissioner  of  motor vehicles may direct any
     8  police officer to secure possession of the vehicle plates and to  return
     9  the same to the commissioner of motor vehicles. Failure of the holder or
    10  of  any  person  possessing the vehicle plates to deliver to the commis-
    11  sioner or any police officer who requests  the  same  pursuant  to  this
    12  subdivision  shall  be  a class A misdemeanor. The commissioner of motor
    13  vehicles shall have the authority to suspend, revoke or deny a registra-
    14  tion or renewal application to any other person for the same vehicle and
    15  may suspend, revoke or deny a registration or  renewal  application  for
    16  any other motor vehicle registered in the name of the applicant where it
    17  has  been determined that such registrant's intent has been to evade the
    18  purposes of this subdivision and where the commissioner of  motor  vehi-
    19  cles has reasonable grounds to believe that such registration or renewal
    20  will  have  the  effect  of  defeating the purposes of this section. The
    21  procedure on any such suspension of vehicle registration  shall  be  the
    22  same  as  in the case of a suspension under the vehicle and traffic law.
    23  Operation of any motor vehicle while under suspension as herein provided
    24  by any person with knowledge of the suspension shall constitute a  class
    25  E felony. Upon making an arrest or upon issuing an appearance ticket for
    26  any  felony  violation of this subdivision, or pursuant to the authority
    27  of a warrant issued under article six hundred  ninety  of  the  criminal
    28  procedure law, an officer shall remove or arrange for the removal of the
    29  vehicle  or  vehicles used in the commission of the offense to a garage,
    30  automobile pound, or  other  place  of  safety  where  it  shall  remain
    31  impounded subject to the provisions of subdivisions two through seven of
    32  section  five  hundred  eleven-b  of the vehicle and traffic law and the
    33  vehicle shall be entered into the New York statewide police  information
    34  network  as  an  impounded  vehicle and the impounding police department
    35  shall promptly notify the owner and the local authority that the vehicle
    36  has been impounded. Upon conviction as a second or  subsequent  offender
    37  as  described  herein the court may order forfeiture of any right, title
    38  or interest held by the defendant in  any  motor  vehicle  used  in  the
    39  commission  of  such offense.   In the alternative, upon conviction as a
    40  second or subsequent offender as described herein, an action for forfei-
    41  ture may be commenced by the attorney general on behalf of  the  commis-
    42  sioner  or  the corporation counsel or designee on behalf of the city in
    43  any superior court in the county of conviction. The defendant shall have
    44  a right to a trial by jury on any issue of fact. The  plaintiff  in  the
    45  forfeiture action shall have the burden of proof by clear and convincing
    46  evidence on such issues of fact.
    47    § 2. Section 145 of the transportation law, as added by chapter 635 of
    48  the laws of 1983, subdivision 4 as amended by chapter 349 of the laws of
    49  1993, subdivision 6 as amended by chapter 444 of the laws of 1992, para-
    50  graph  (a)  of  subdivision  7  as amended by chapter 475 of the laws of
    51  1991, and subdivision 8 as added by section 6 of part C of chapter 57 of
    52  the laws of 2014, is amended to read as follows:
    53    § 145. Penalties and forfeitures for violations. 1.  (a)  Any  certif-
    54  icate  or  permit may, after a hearing, be suspended, cancelled, revoked
    55  or modified, in whole or  in  part,  for  failure  to  comply  with  the
    56  provisions  of this chapter or with any lawful rule, order or regulation

        S. 1508                            100                           A. 2008
 
     1  of the commissioner promulgated hereunder or with any  term,  condition,
     2  or  limitation  of  such  certificate or permit or for failure to render
     3  reasonably continuous service within the scope  of  the  certificate  or
     4  permit.
     5    (b)  Whenever  the commissioner has reasonable grounds to believe that
     6  failure to comply with the provisions of this chapter or with any lawful
     7  rule, order or regulation of the commissioner promulgated  hereunder  or
     8  with  any  term,  condition, or limitation of such certificate or permit
     9  endangers the health, safety, and welfare of the public, the commission-
    10  er may immediately suspend, cancel, revoke, or modify, in  whole  or  in
    11  part,  any  certificate  or  permit  issued  pursuant  to  this  chapter
    12  provided, however, that the commissioner shall give notice and  opportu-
    13  nity  to  be  heard  within not more than thirty days of the suspension,
    14  cancellation, revocation, or modification of the certificate or permit.
    15    2. The commissioner may upon  complaint  or  upon  the  commissioner's
    16  initiative  without  complaint  institute proceedings to revoke, cancel,
    17  suspend or modify any certificate or  permit  issued  pursuant  to  this
    18  chapter  after  a  hearing  at  which  the holder of such certificate or
    19  permit and any person making such complaint shall be given  an  opportu-
    20  nity  to be heard. Provided, however, that any order of the commissioner
    21  revoking, cancelling, suspending or modifying any certificate or  permit
    22  shall not become effective until thirty days after the serving of notice
    23  thereof  upon  the  holder  of  such  certificate  or permit, unless the
    24  commissioner determines that the continued holding of  such  certificate
    25  or  permit  for  such  period  would be contrary to the public interest.
    26  Hearings shall be held in such manner and upon such  notice  as  may  be
    27  prescribed by rules of the commissioner, but such notice shall be of not
    28  less  than  ten  days  and shall state the nature of the complaint.  The
    29  commissioner may, upon suspension, cancellation, revocation or modifica-
    30  tion, in whole or in part, of any  certificate  or  permit  pursuant  to
    31  paragraph (a) of subdivision one of this section, notify the commission-
    32  er  of motor vehicles to that effect and the commissioner of motor vehi-
    33  cles shall thereupon suspend the registration or  registrations  of  all
    34  motor  vehicles  used  in the commission of the offense or, upon suspen-
    35  sion, cancellation, revocation or modification, in whole or in part,  of
    36  any  certificate  or permit pursuant to paragraph (b) of subdivision one
    37  of this section, suspend the registration or registrations of all  motor
    38  vehicles  owned  or  operated  by  the holder of the revoked, cancelled,
    39  suspended or modified certificate or permit,  except  private  passenger
    40  automobiles,  until  such time as the commissioner gives notice that the
    41  violation has been satisfactorily adjusted. The  commissioner  of  motor
    42  vehicles may direct any police officer to secure possession of the vehi-
    43  cle plates and to return the same to the commissioner of motor vehicles.
    44  Failure  of the holder or of any person possessing the vehicle plates to
    45  deliver to any police officer who requests the  same  pursuant  to  this
    46  subdivision  shall  be a class A misdemeanor.  The commissioner of motor
    47  vehicles shall have the authority to suspend, revoke or deny a registra-
    48  tion or renewal application to any other person for the same vehicle and
    49  may suspend, revoke or deny a registration or  renewal  application  for
    50  any other motor vehicle registered in the name of the applicant where it
    51  has  been determined that such registrant's intent has been to evade the
    52  purposes of this section and where the commissioner  of  motor  vehicles
    53  has reasonable grounds to believe that such registration or renewal will
    54  have the effect of defeating the purposes of this section. The procedure
    55  on  any  such suspension of vehicle registration shall be the same as in
    56  the case of a suspension under the vehicle and traffic law. Operation of

        S. 1508                            101                           A. 2008
 
     1  any motor vehicle while under  suspension  as  herein  provided  by  any
     2  person with knowledge of the suspension shall constitute a class E felo-
     3  ny.   Upon making an arrest or upon issuing an appearance ticket for any
     4  felony  violation of this subdivision, or pursuant to the authority of a
     5  warrant issued under article six hundred ninety of the  criminal  proce-
     6  dure  law,  an  officer  shall  remove or arrange for the removal of the
     7  vehicle or vehicles used in the commission of the offense to  a  garage,
     8  automobile  pound,  or  other  place  of  safety  where  it shall remain
     9  impounded subject to the provisions of subdivisions two through seven of
    10  section five hundred eleven-b of the vehicle and  traffic  law  and  the
    11  vehicle  shall be entered into the New York statewide police information
    12  network as an impounded vehicle and  the  impounding  police  department
    13  shall promptly notify the owner and the local authority that the vehicle
    14  has been impounded.
    15    3.  In  addition  to,  or  in lieu of, any sanctions set forth in this
    16  section and section one hundred forty of this article, the  commissioner
    17  may,  after  [a  hearing]  notice  and opportunity to be heard, impose a
    18  penalty not to exceed a maximum of [five thousand] twenty-five  thousand
    19  dollars  [in]  for any one [proceeding] violation upon any person if the
    20  commissioner finds that such person or officer, agent or employee there-
    21  of has failed to comply with the requirements of  this  chapter  or  any
    22  rule, regulation or order of the commissioner promulgated thereunder. If
    23  such  penalty  is  not paid within [four months] thirty days, the amount
    24  thereof may be entered as a judgment in the office of the clerk  of  the
    25  county  of  Albany  and in any other county in which the person resides,
    26  has a place of business or through which  it  operates.  Thereafter,  if
    27  said judgment has not been satisfied within ninety days, any certificate
    28  or permit held by any such person may be revoked upon notice but without
    29  a  further hearing[. Provided, however, that if a person shall apply for
    30  a rehearing  of  the  determination  of  the  penalty  pursuant  to  the
    31  provisions of section eighty-nine of this chapter, judgment shall not be
    32  entered  until  a  determination  has been made on the application for a
    33  rehearing.  Further provided however, that if after a rehearing a penal-
    34  ty is imposed and such penalty is not paid within  four  months  of  the
    35  date  of  service  of the rehearing decision, the amount of such penalty
    36  may be entered as a judgment in the office of the clerk of the county of
    37  Albany and in any other county in which the person resides, has a  place
    38  of  business  or through which it operates. Thereafter, if said judgment
    39  has not been satisfied within ninety days,  any  certificate  or  permit
    40  held by any such person may be revoked upon notice but without a further
    41  hearing.]  and  the  commissioner  may  notify the commissioner of motor
    42  vehicles to that effect and the commissioner  of  motor  vehicles  shall
    43  thereupon suspend the registration or registrations of the motor vehicle
    44  or  vehicles  used  in the commission of the underlying offense, and the
    45  commissioner may direct any police officer to secure possession  of  the
    46  vehicle plates and to return the same to the commissioner of motor vehi-
    47  cles.  Failure  of  the  holder  or of any person possessing the vehicle
    48  plates to deliver to any police officer who requests the  same  pursuant
    49  to this subdivision shall be a class A misdemeanor.  The commissioner of
    50  motor  vehicles  shall  have  the authority to suspend, revoke or deny a
    51  registration or renewal application to any other  person  for  the  same
    52  vehicle and may suspend, revoke or deny a registration or renewal appli-
    53  cation  for any other motor vehicle registered in the name of the appli-
    54  cant where it has been determined that such registrant's intent has been
    55  to evade the purposes of this subdivision and where the commissioner  of
    56  motor  vehicles has reasonable grounds to believe that such registration

        S. 1508                            102                           A. 2008

     1  or renewal will have the  effect  of  defeating  the  purposes  of  this
     2  section.  The  procedure  on any such suspension of vehicle registration
     3  shall be the same as in the case of a suspension under the  vehicle  and
     4  traffic  law.  Operation  of any motor vehicle while under suspension as
     5  herein provided by any person with knowledge  of  the  suspension  shall
     6  constitute  a  class E felony.  Upon making an arrest or upon issuing an
     7  appearance ticket for operation of any motor vehicle while under suspen-
     8  sion as herein provided by any person with knowledge of the  suspension,
     9  or  pursuant  to  the  authority  of  a warrant issued under article six
    10  hundred ninety of the criminal procedure law, an officer shall remove or
    11  arrange for the removal of the vehicle or vehicles used in  the  commis-
    12  sion  of  the  offense  to a garage, automobile pound, or other place of
    13  safety where it shall remain impounded  subject  to  the  provisions  of
    14  subdivisions  two  through seven of section five hundred eleven-b of the
    15  vehicle and traffic law and the vehicle shall be entered  into  the  New
    16  York  statewide  police  information network as an impounded vehicle and
    17  the impounding police department shall promptly notify the owner and the
    18  local authority that the vehicle has been impounded.
    19    4. (a) If after notice and opportunity to be heard,  the  commissioner
    20  shall find that any person or persons is or are providing transportation
    21  subject  to regulation under this chapter without having any certificate
    22  or permit, or is or are holding themselves out to the public  by  adver-
    23  tising  or any other means to provide such transportation without having
    24  any certificate or permit or approval from a  city  having  jurisdiction
    25  pursuant  to section eighty of this chapter, the commissioner may notify
    26  the commissioner of motor vehicles to that effect and  the  commissioner
    27  of  motor vehicles shall thereupon suspend the registration or registra-
    28  tions of all motor vehicles owned or operated by such person or  persons
    29  except private passenger automobiles until such time as the commissioner
    30  [of  transportation]  may give notice that the violation has been satis-
    31  factorily adjusted.  The commissioner of motor vehicles may  direct  any
    32  police  officer to secure possession of the vehicle plates and to return
    33  the same to the commissioner of motor vehicles. Failure of the holder or
    34  of any person possessing the vehicle plates to  deliver  to  any  police
    35  officer  who  requests  the same pursuant to this subdivision shall be a
    36  class A misdemeanor. The commissioner of motor vehicles shall  have  the
    37  authority  to suspend, revoke or deny a registration or renewal applica-
    38  tion to any other person for the same vehicle and may suspend, revoke or
    39  deny a registration or renewal application for any other  motor  vehicle
    40  registered  in  the  name  of the applicant where it has been determined
    41  that such registrant's intent has been to evade  the  purposes  of  this
    42  subdivision  and where the commissioner of motor vehicles has reasonable
    43  grounds to believe that such  registration  or  renewal  will  have  the
    44  effect  of  defeating the purposes of this subdivision. The procedure on
    45  any such suspension shall be the same as in the  case  of  a  suspension
    46  under  the vehicle and traffic law. Operation of any motor vehicle while
    47  under suspension as herein provided by any person with knowledge of  the
    48  suspension  shall  constitute  a  class [A misdemeanor] E felony.   Upon
    49  making an arrest or upon issuing an appearance  ticket  for  any  felony
    50  violation of this subdivision, or pursuant to the authority of a warrant
    51  issued  under  article six hundred ninety of the criminal procedure law,
    52  an officer shall remove or arrange for the removal  of  the  vehicle  or
    53  vehicles  used  in the commission of the offense to a garage, automobile
    54  pound, or other place of safety where it shall remain impounded  subject
    55  to  the  provisions  of  subdivisions  two through seven of section five
    56  hundred eleven-b of the vehicle and traffic law and the vehicle shall be

        S. 1508                            103                           A. 2008
 
     1  entered into the New York statewide police  information  network  as  an
     2  impounded  vehicle  and  the impounding police department shall promptly
     3  notify the owner and the local  authority  that  the  vehicle  has  been
     4  impounded.
     5    (b)  Whenever  the commissioner has reasonable grounds to believe that
     6  any person or persons is or  are  providing  transportation  subject  to
     7  regulation  under this chapter without having any certificate or permit,
     8  or is or are holding themselves out to the public by advertising or  any
     9  other  means  to  provide such transportation without having any certif-
    10  icate or permit or approval from a city having jurisdiction pursuant  to
    11  section  eighty  of  this chapter, under circumstances that endanger the
    12  health, safety, and welfare of the public, the commissioner  may  secure
    13  possession  of vehicle plates and immediately notify the commissioner of
    14  motor vehicles to that effect or  without  securing  possession  of  the
    15  vehicle plates, immediately notify the commissioner of motor vehicles to
    16  that  effect  and  the  commissioner  of  motor vehicles shall thereupon
    17  suspend the registration or registrations of all motor vehicles owned or
    18  operated by such person or persons as described in paragraph (a) of this
    19  subdivision provided, however, that the commissioner provide the  person
    20  or  persons with notice and opportunity to be heard within not more than
    21  thirty days. When the registration of any  motor  vehicle  is  suspended
    22  pursuant  to  this  subdivision,  the commissioner of motor vehicles may
    23  direct any police officer to secure possession of the vehicle plates and
    24  return the same to the commissioner of motor vehicles.  Failure  of  the
    25  holder  or  of  any  person possessing the vehicle plates to deliver the
    26  vehicle plates to the commissioner or any police  officer  who  requests
    27  the same shall be a class A misdemeanor.
    28    5.  Any  person,  whether  carrier,  passenger, shipper, consignee, or
    29  broker, or any officer, employee, agent or representative  thereof,  who
    30  shall  knowingly offer, grant or give or solicit, accept, or receive any
    31  rebate, concession or discrimination in violation of  this  chapter,  or
    32  who  by means of any false statement or representation, or by the use of
    33  any false or fictitious bill, bill of lading,  receipt,  voucher,  roll,
    34  account,  claim,  certificate,  affidavit,  deposition, lease or bill of
    35  sale, or by any other means or device,  shall  knowingly  and  willfully
    36  assist,  suffer or permit any person or persons to obtain transportation
    37  of property or passengers subject to this  chapter  for  less  than  the
    38  applicable rate, toll or charge, or who, with respect to the transporta-
    39  tion  of  household goods, shall knowingly or willfully misrepresent the
    40  applicable rate for transportation or the weight of a  shipment  or  the
    41  cost  of transportation to the shipper, or who shall knowingly and will-
    42  fully by any such means or  otherwise  fraudulently  seek  to  evade  or
    43  defeat  regulation as provided for in this chapter, shall be guilty of a
    44  misdemeanor and upon conviction thereof be fined  not  more  than  [five
    45  hundred]  twenty-five  thousand  dollars  [for the first offense and not
    46  more than two thousand dollars for any subsequent] per offense.
    47    6. Any person who shall provide transportation for compensation within
    48  the state, or hold himself or herself out to the public  by  advertising
    49  or any other means to provide such transportation, when such transporta-
    50  tion  requires either the permission or approval of the commissioner, or
    51  the permission, approval or franchise  of  any  city  having  regulatory
    52  jurisdiction  over  such transportation and who does not possess a valid
    53  permit, certificate  or  approval  for  such  transportation,  from  the
    54  commissioner or from such city, or attempts to do so, shall be guilty of
    55  a [traffic infraction punishable by a fine of not less than five hundred
    56  and  not more than one thousand dollars for the first offense] misdemea-

        S. 1508                            104                           A. 2008
 
     1  nor punishable by a fine of not less than twenty-five thousand  dollars,
     2  or  by imprisonment for not more than one year, or by both such fine and
     3  imprisonment. A violation of this subdivision by a person who has previ-
     4  ously  been convicted of such offense within five years of the violation
     5  shall be a [misdemeanor and shall be punishable by a fine  of  not  less
     6  than  one  thousand and not more than twenty-five hundred dollars, or by
     7  imprisonment for not more than sixty days, or  by  both  such  fine  and
     8  imprisonment]  class  E felony.   [Upon conviction as a second or subse-
     9  quent offender as described herein the court may order forfeiture of any
    10  right, title or interest held by the defendant in any motor vehicle used
    11  in the commission of such offense pursuant to the provisions of subdivi-
    12  sion seven of this section.] Upon making an arrest or  upon  issuing  an
    13  appearance  ticket  for  any  felony  violation  of this subdivision, or
    14  pursuant to the authority of a warrant issued under article six  hundred
    15  ninety of the criminal procedure law, an officer shall remove or arrange
    16  for the removal of the vehicle or vehicles used in the commission of the
    17  offense to a garage, automobile pound, or other place of safety where it
    18  shall  remain  impounded  subject  to the provisions of subdivisions two
    19  through seven of section five hundred eleven-b of the vehicle and  traf-
    20  fic  law  and  the  vehicle shall be entered into the New York statewide
    21  police information network as an impounded vehicle  and  the  impounding
    22  police department shall promptly notify the owner and the local authori-
    23  ty  that  the vehicle has been impounded. In addition to, or in lieu of,
    24  any sanction set forth in this subdivision, the commissioner may,  after
    25  a  hearing,  impose  a  penalty equal to the gain or profit derived from
    26  transportation services conducted in violation of this subdivision.  Any
    27  person  holding  regulatory  authority  or  a  franchise from either the
    28  commissioner or any city having regulatory jurisdiction over such trans-
    29  portation, or any public transportation authority  created  pursuant  to
    30  title  nine, eleven, eleven-A, eleven-B, eleven-C or eleven-D of article
    31  five of the public authorities law, who is being adversely affected by a
    32  person providing transportation without having the necessary  regulatory
    33  authority or franchise from the commissioner or any such city, may bring
    34  suit  in  his, her or its own behalf to restrain such person and recover
    35  damages resulting from the actions of such person.
    36    7. (a) Whenever it appears that any person is violating the provisions
    37  of subdivision six of this  section,  the  commissioner  acting  by  the
    38  attorney  general,  or  the  city  acting by its corporation counsel, or
    39  designee, may bring suit against such person in any court  of  competent
    40  jurisdiction  to restrain such person from continuing such violation. In
    41  any such suit, the court shall have jurisdiction to grant to the commis-
    42  sioner or city without bond or other undertaking,  such  prohibitory  or
    43  mandatory  injunctions  as  the  facts  may warrant, including temporary
    44  restraining orders and preliminary or permanent injunctions, and to levy
    45  upon the gain or profit that may be subject to  a  penalty  pursuant  to
    46  subdivision  six  of  this  section. [In cities with a population of one
    47  million or more, the police department shall have  the  power  to  issue
    48  summonses  for  violations  of subdivision six of this section and those
    49  summonses shall be adjudicated according to the  rules  and  regulations
    50  set  forth  in article two-A of the vehicle and traffic law. The hearing
    51  officer responsible for adjudication of any violation of  such  subdivi-
    52  sion six shall review the record of any person found guilty of violating
    53  such subdivision six to determine whether or not that person has a prior
    54  conviction  under such subdivision six. After a review of the record, if
    55  it is found that there has been a prior conviction, the hearing  officer

        S. 1508                            105                           A. 2008

     1  shall refer the matter to the appropriate local criminal court for pros-
     2  ecution under this article.]
     3    (b)  [Any  person  convicted]  Upon  conviction as a [third] second or
     4  subsequent criminal offender [as described in]  under  subdivision  two,
     5  three, four, or six [shall be subject to a court order divesting him] of
     6  this  section  the  court  may  order  forfeiture of any right, title or
     7  interest held by the defendant in any motor vehicle used in the  commis-
     8  sion  of  the  offense.  [An]  In  the alternative, upon conviction as a
     9  second or subsequent criminal offender  under  subdivision  two,  three,
    10  four,  or six of this section, an action for forfeiture may be commenced
    11  by the attorney general on behalf of the commissioner or the corporation
    12  counsel or designee on behalf of the city in any superior court  in  the
    13  county  of  conviction.  The  defendant shall have a right to a trial by
    14  jury on any issue of fact. The plaintiff in the forfeiture action  shall
    15  have the burden of proof by clear and convincing evidence on such issues
    16  of fact.
    17    (c)  Any order of forfeiture issued pursuant to this subdivision shall
    18  include provisions for the disposal of the property found to  have  been
    19  forfeited.  Such provisions shall be directed to the attorney general or
    20  corporation counsel or designee as the case may be, and may include, but
    21  are not limited to, an order directing that  the  property  be  sold  in
    22  accordance  with  provisions  of article fifty-one of the civil practice
    23  law and rules. Net proceeds of the sale shall be paid into  the  general
    24  fund  of  the  state  or  city,  as  the case may be, less all costs and
    25  attendant expenses of seizure, storage and forfeiture, as the  case  may
    26  be,  which shall be paid to the office of the attorney general or corpo-
    27  ration  counsel  in  the  appropriate  case  notwithstanding  any  other
    28  provisions of law.
    29    8. All penalties charged and collected by the commissioner pursuant to
    30  this  section  shall  be  deposited  by the comptroller into the special
    31  obligation reserve and payment account  of  the  dedicated  highway  and
    32  bridge   trust  fund  established  pursuant  to  section  [eight-nine-b]
    33  eighty-nine-b of the state finance law.
    34    § 3. Subparagraph (iii) of paragraph b of subdivision 2 of section 510
    35  of the vehicle and traffic law, as amended by section 1  of  part  A  of
    36  chapter 58 of the laws of 2018, is amended to read as follows:
    37    (iii)  such  registrations shall be suspended when necessary to comply
    38  with subdivision nine of section one hundred forty or  subdivision  two,
    39  three,  or  four of section one hundred forty-five of the transportation
    40  law or with an out of service order issued by the United States  depart-
    41  ment  of  transportation.  The  commissioner shall have the authority to
    42  suspend, revoke or deny a registration or  renewal  application  to  any
    43  other  person  for  the  same  vehicle and may suspend, revoke or deny a
    44  registration or renewal application for any other motor  vehicle  regis-
    45  tered  in  the  name  of the applicant where it has been determined that
    46  such registrant's intent has been to evade the purposes of this subdivi-
    47  sion and where the commissioner has reasonable grounds to  believe  that
    48  such  registration  or  renewal  will  have  the effect of defeating the
    49  purposes of this subdivision. Any suspension  issued  pursuant  to  this
    50  subdivision  by  reason  of an out of service order issued by the United
    51  States department of transportation shall remain in  effect  until  such
    52  time  as the commissioner is notified by the United States department of
    53  transportation or the commissioner  of  transportation  that  the  order
    54  resulting in the suspension is no longer in effect.
    55    §  4.  The penal law is amended by adding a new section 170.72 to read
    56  as follows:

        S. 1508                            106                           A. 2008

     1  § 170.72 Tampering with a federal motor vehicle safety standard  certif-
     2             ication label.
     3    A  person  is  guilty of tampering with a federal motor vehicle safety
     4  standard certification label when:
     5    (1) He or she, with intent to  defraud,  knowingly  removes,  defaces,
     6  destroys, covers, alters, or otherwise changes the form or appearance of
     7  a  federal  motor  vehicle safety standard certification label issued in
     8  accordance with 49 U.S.C.S. § 30115 and regulations  promulgated  there-
     9  under; or
    10    (2) He or she, with intent to defraud, affixes a federal motor vehicle
    11  safety  standard  certification label to a vehicle, except in accordance
    12  with 49 U.S.C.S. § 30115 and regulations promulgated thereunder.
    13    (3) Upon making an arrest for any violation of this section, an  offi-
    14  cer  shall  remove or arrange for the removal of the vehicle or vehicles
    15  used in the commission of the offense to a garage, automobile pound,  or
    16  other  place  of  safety  where it shall remain impounded subject to the
    17  provisions of subdivisions two through seven  of  section  five  hundred
    18  eleven-b of the vehicle and traffic law and the vehicle shall be entered
    19  into  the  New York statewide police information network as an impounded
    20  vehicle and the impounding police department shall promptly  notify  the
    21  owner  and the local authority that the vehicle has been impounded. Upon
    22  conviction as a second or subsequent offender as  described  herein  the
    23  court  may  order forfeiture of any right, title or interest held by the
    24  defendant in any motor vehicle used in the commission of  such  offense.
    25  An  action  for  forfeiture  may be commenced by the attorney general on
    26  behalf of the commissioner of motor vehicles or the corporation  counsel
    27  or designee on behalf of the city in any superior court in the county of
    28  conviction.  The  defendant shall have a right to a trial by jury on any
    29  issue of fact. The plaintiff in the forfeiture  action  shall  have  the
    30  burden of proof by clear and convincing evidence on such issues of fact.
    31    Tampering  with  a federal motor vehicle safety standard certification
    32  label is a class D felony.
    33    § 5. The transportation law is amended by adding a new section 144  to
    34  read as follows:
    35    §  144.  Fees  and  charges. The commissioner or authorized officer or
    36  employee of the department shall charge and collect one  hundred  twenty
    37  dollars  for  the inspection or reinspection of all for-hire motor vehi-
    38  cles transporting passengers  subject  to  the  department's  inspection
    39  requirements  pursuant  to  section  one  hundred forty of this article,
    40  except such motor vehicles operated under contract with  a  municipality
    41  to  provide  statewide mass transportation operating assistance eligible
    42  service; vehicles operated under contract with a municipality or  school
    43  district  to  provide  school-related  transportation services; or motor
    44  vehicles authorized by the commissioner of health to  provide  non-emer-
    45  gency   medical   transportation   services.  The  department  may  deny
    46  inspection of any motor vehicle transporting passengers subject  to  the
    47  department's  inspection  requirements  if  such  fee is not paid within
    48  ninety days of the date noted on the department invoice.
    49    § 6. The vehicle and traffic law is amended by adding  a  new  section
    50  121-dd to read as follows:
    51    §  121-dd.  Large livery. A livery vehicle or taxi designed or used to
    52  transport at least eight but fewer than fifteen passengers, in  addition
    53  to  the  driver, irrespective of the motor vehicle registration class in
    54  which such vehicle is registered.

        S. 1508                            107                           A. 2008

     1    § 7. Paragraph b of subdivision 1 of section 401 of  the  vehicle  and
     2  traffic  law,  as amended by chapter 222 of the laws of 1996, is amended
     3  to read as follows:
     4    b.  Every  owner  of a motor vehicle which shall be operated or driven
     5  upon the public highways  of  this  state  shall,  except  as  otherwise
     6  expressly  provided, cause to be presented, by mail or otherwise, to the
     7  office or a branch office of the commissioner, or to any  agent  of  the
     8  commissioner,  constituted  as  provided in this chapter, an application
     9  for registration addressed to the commissioner, and on  a  blank  to  be
    10  prepared  under  the  direction of and furnished by the commissioner for
    11  that purpose, containing: (a) a brief description of the  motor  vehicle
    12  to be registered, including the name and factory number of such vehicle,
    13  and  such  other facts as the commissioner shall require; (b) the weight
    14  of the vehicle upon which the registration fee is based if  the  fee  is
    15  based  on  weight;  (c)  the name and residence, including county of the
    16  owner of such motor vehicle; (d) provided that, if such motor vehicle is
    17  used or to be used as an omnibus, the applicant also shall  so  certify,
    18  and  in  the case of an omnibus also certify as to the seating capacity,
    19  and if the omnibus is to be operated wholly within a municipality pursu-
    20  ant to a franchise other than a franchise express or implied in articles
    21  of incorporation upon certain  streets  designated  in  such  franchise,
    22  those  facts shall also be certified, and a certified copy of such fran-
    23  chise furnished to the commissioner; and (e) [provided,  that,  if  such
    24  motor  vehicle  is  an  altered livery, the applicant shall so furnish a
    25  certified copy of the length  of  the  center  panel  of  such  vehicle,
    26  provided, however, that the commissioner shall require such proof, as he
    27  may  determine  is  necessary,  in  the application for registration and
    28  provided further, if the  center  panel  of  such  vehicle  exceeds  one
    29  hundred  inches,  the commissioner shall require proof that such vehicle
    30  is in compliance with all applicable federal  and  state  motor  vehicle
    31  safety  standards;  and  (f)]  such  additional facts or evidence as the
    32  commissioner may require in connection with the application  for  regis-
    33  tration.  Every  owner  of a trailer shall also make application for the
    34  registration thereof in the manner herein provided for an application to
    35  register a motor vehicle, but shall  contain  a  statement  showing  the
    36  manufacturer's  number  or  other  identification  satisfactory  to  the
    37  commissioner and  no  number  plate  for  a  trailer  issued  under  the
    38  provisions  of  subdivision  three  of  section four hundred two of this
    39  [chapter] article shall be transferred to or used upon any other trailer
    40  than the one for which number plate is issued.  The  commissioner  shall
    41  require  proof,  in  the  application for registration, or otherwise, as
    42  such commissioner may determine, that the motor vehicle for which regis-
    43  tration is applied  for  is  equipped  with  lights  conforming  in  all
    44  respects to the requirements of this chapter, and no motor vehicle shall
    45  be  registered  unless  it  shall  appear by such proofs that such motor
    46  vehicle is equipped with proper lights as aforesaid. The  said  applica-
    47  tion  shall  contain or be accompanied by such evidence of the ownership
    48  of the motor vehicle described in the application as may be required  by
    49  the  commissioner  or his agent and which, with respect to new vehicles,
    50  shall include, unless otherwise specifically provided by the commission-
    51  er, the manufacturer's statement of origin. Applications received by  an
    52  agent  of  the commissioner shall be forwarded to the commissioner as he
    53  shall direct for  filing.  No  application  for  registration  shall  be
    54  accepted unless the applicant is at least sixteen years of age.
    55    §  8.  Section 401 of the vehicle and traffic law is amended by adding
    56  two new subdivisions 22 and 23 to read as follows:

        S. 1508                            108                           A. 2008

     1    22. The commissioner shall not register any  motor  vehicle  that  has
     2  been  altered,  a vehicle commonly referred to as a "stretch limousine",
     3  so as to add seating capacity  beyond  that  provided  by  the  original
     4  manufacturer by way of an extended chassis, lengthened wheel base, or an
     5  elongated seating area, and in the case of a truck, has been modified to
     6  transport passengers.  Owners of such vehicles that are registered shall
     7  surrender  the  registration  to  the commissioner, and the commissioner
     8  shall revoke any such registration upon discovery thereof, so that in no
     9  way shall such a motor vehicle be registered for operation.
    10    23. The commissioner shall refund to or  credit  the  account  of  any
    11  person  who paid a registration fee for an altered vehicle, the pro rata
    12  unused portion of such registration fee.
    13    § 9. The vehicle and traffic law is amended by adding  a  new  section
    14  308-a to read as follows:
    15    §  308-a.  Mandatory  reporting. If any motor vehicle is presented for
    16  inspection at a licensed official inspection station, and  such  vehicle
    17  has  been  altered,  a vehicle commonly referred to as a "stretch limou-
    18  sine", so as to  add  seating  capacity  beyond  that  provided  by  the
    19  original  manufacturer  by  way of an extended chassis, lengthened wheel
    20  base, or an elongated seating area, and in the case of a truck, has been
    21  modified to transport  passengers,  such  licensed  official  inspection
    22  station  shall  refuse  inspection  for such vehicle and promptly report
    23  such vehicle to the commissioner in the form and  manner  prescribed  by
    24  the commissioner.
    25    §  10. Section 306 of the vehicle and traffic law is amended by adding
    26  a new subdivision (g) to read as follows:
    27    (g) Any person who shall issue a certificate  of  inspection  provided
    28  for  in  this  article  for  a  motor vehicle that is required to obtain
    29  approval to operate in the state as a  common  or  contract  carrier  of
    30  passengers  by  motor  vehicle  from  the commissioner of transportation
    31  shall be guilty of a misdemeanor.
    32    § 11. Subparagraph (iv) of paragraph (b) of subdivision 2  of  section
    33  501 of the vehicle and traffic law, as amended by section 4 of part E of
    34  chapter 58 of the laws of 2016, is amended to read as follows:
    35    (iv)  P  endorsement. Shall be required to operate a bus as defined in
    36  sections one hundred four and five hundred nine-a of this chapter, or  a
    37  large  livery  as  defined  in section one hundred twenty-one-dd of this
    38  chapter, or any motor vehicle with a gross vehicle weight or gross vehi-
    39  cle weight rating of more  than  twenty-six  thousand  pounds  which  is
    40  designed  to  transport passengers in commerce. For the purposes of this
    41  subparagraph the gross vehicle weight of a vehicle shall mean the actual
    42  weight of the vehicle and the load.
    43    § 12. Subparagraph (iv) of paragraph (a) of subdivision 4  of  section
    44  501-a of the vehicle traffic law, as added by chapter 173 of the laws of
    45  1990, is amended to read as follows:
    46    (iv)  defined  as  a  bus  in  subdivision one of section five hundred
    47  nine-a of this chapter, or as a large  livery  in  section  one  hundred
    48  twenty-one-dd of this chapter; or
    49    §  13.  The vehicle and traffic law is amended by adding a new section
    50  1161-a to read as follows:
    51    § 1161-a. U-turns by certain motor vehicles prohibited.  (1)  Notwith-
    52  standing  any  other provision of law, no U-turn shall be performed by a
    53  vehicle having an overall length of eighteen feet  or  more,  a  bus  as
    54  defined  in  section one hundred four of this chapter, or a large livery
    55  as defined in section one hundred twenty-one-dd of this chapter.

        S. 1508                            109                           A. 2008

     1    (2) The provisions of this section shall apply  upon  public  highways
     2  and  privately  owned  roads open to motor vehicle traffic. In addition,
     3  the provisions of this section shall apply irrespective of: (a)  whether
     4  the  bus  or  large livery is carrying any passengers; and (b) the motor
     5  vehicle  registration  class  in which the bus or large livery is regis-
     6  tered.
     7    (3) Any violation of the provisions of this section which  results  in
     8  serious  physical  injury  as defined in section 10.00 of the penal law,
     9  shall be a class A misdemeanor, punishable by a fine of  not  less  than
    10  five  hundred  dollars nor more than one thousand dollars in addition to
    11  any other penalties provided by law. Any violation of this section which
    12  results in death shall be a class E felony punishable by a fine  of  not
    13  less  than  one  thousand dollars nor more than five thousand dollars in
    14  addition to any other penalties provided by law.
    15    § 14. Paragraph (a) of subdivision 4  and  subdivision  9  of  section
    16  1229-c of the vehicle and traffic law, paragraph (a) of subdivision 4 as
    17  amended  by chapter 448 of the laws of 2015 and subdivision 9 as amended
    18  by chapter 340 of the laws of 2017, are amended to read as follows:
    19    (a) "motor  vehicle"  shall  include  all  motor  vehicles  which  are
    20  required  by section three hundred eighty-three of this chapter or regu-
    21  lation or would be required if such motor vehicle were registered in New
    22  York state to be equipped by a safety belt but shall not  include  those
    23  vehicles  which  are  [used  as school buses, as such term is defined in
    24  section one hundred forty-two of this chapter and those  vehicles  which
    25  are]  authorized  emergency vehicles, as such term is defined in section
    26  one hundred one of this chapter, provided, however, that for purposes of
    27  this section, "motor vehicle" shall also  include  fire  vehicles  owned
    28  and/or  operated  by  a  fire  company  as defined by subdivision two of
    29  section one hundred of the general municipal law  and  ambulances  owned
    30  and/or  operated by a voluntary ambulance service as defined by subdivi-
    31  sion three of section one hundred of the general municipal law;
    32    [9.  Notwithstanding  the  provisions  of  subdivision  four  of  this
    33  section,  the  provisions of this section shall not apply to buses other
    34  than school buses and the provisions of subdivisions one, two, three and
    35  three-a of this section shall not apply to taxis and liveries.]
    36    § 15. Subdivision 7 of section 510 of the vehicle and traffic law,  as
    37  amended  by  section  5  of part K of chapter 59 of the laws of 2010, is
    38  amended to read as follows:
    39    7. Miscellaneous provisions. Except as  expressly  provided,  a  court
    40  conviction shall not be necessary to sustain a revocation or suspension.
    41  Revocation or suspension hereunder shall be deemed an administrative act
    42  reviewable by the supreme court as such. Notice of revocation or suspen-
    43  sion, as well as any required notice of hearing, where the holder is not
    44  present,  may  be  given by mailing the same in writing to him or her at
    45  the address contained in his or her license, certificate of registration
    46  or at the current address provided by the United States postal  service,
    47  as the case may be. Proof of such mailing by certified mail to the hold-
    48  er  shall  be  presumptive  evidence  of the holder's receipt and actual
    49  knowledge of such notice. Attendance of witnesses may  be  compelled  by
    50  subpoena.  Failure  of  the  holder  or  any other person possessing the
    51  license card or number plates, to deliver the same to the suspending  or
    52  revoking officer is a misdemeanor. Suspending or revoking officers shall
    53  place such license cards and number plates in the custody of the commis-
    54  sioner  except  where  the  commissioner shall otherwise direct. [If any
    55  person shall fail to deliver a license card or number plates as provided
    56  herein, any] Any police  officer,  bridge  and  tunnel  officer  of  the

        S. 1508                            110                           A. 2008
 
     1  Triborough  bridge  and  tunnel authority, the commissioner, the commis-
     2  sioner of transportation or agent of [the commissioner] such commission-
     3  ers having knowledge of such  facts  shall  have  the  power  to  secure
     4  possession  thereof  and  return  the same to the commissioner[, and the
     5  commissioner may forthwith direct any police officer, bridge and  tunnel
     6  officer  of  the Triborough bridge and tunnel authority, acting pursuant
     7  to his or her special duties, or agent of  the  commissioner  to  secure
     8  possession thereof and to return the same to the commissioner].  Failure
     9  of  the  holder  or  of any person possessing the license card or number
    10  plates to deliver to any police officer, bridge and  tunnel  officer  of
    11  the Triborough bridge and tunnel authority, or agent of the commissioner
    12  of  transportation,  or  agent of the commissioner who requests the same
    13  pursuant to this subdivision shall be a misdemeanor. [Notice of  revoca-
    14  tion  or  suspension of any license or registration shall be transmitted
    15  forthwith by the commissioner to the chief of  police  of  the  city  or
    16  prosecuting officer of the locality in which the person whose license or
    17  registration  so  revoked  or suspended resides.] In case any license or
    18  registration shall expire before the end of any period for which it  has
    19  been  revoked  or  suspended,  and before it shall have been restored as
    20  provided in this chapter, then and in that event any renewal thereof may
    21  be withheld until the end of such period of suspension or until restora-
    22  tion, as the case may be.
    23    The revocation of a learner's permit shall  automatically  cancel  the
    24  application for a license of the holder of such permit.
    25    No suspension or revocation of a license or registration shall be made
    26  because  of a judgment of conviction if the suspending or revoking offi-
    27  cer is satisfied that the magistrate who pronounced the judgment  failed
    28  to comply with subdivision one of section eighteen hundred seven of this
    29  chapter.  In  case  a  suspension  or  revocation  has been made and the
    30  commissioner is satisfied that there was such failure, the  commissioner
    31  shall restore the license or registration or both as the case may be.
    32    §  16.  This  act  shall  take  effect immediately; provided, however,
    33  section five of this act shall take effect October 1, 2019; and provided
    34  further, however, that sections eleven and twelve of this act shall take
    35  effect on the ninetieth day after they shall have become a law.
 
    36                                   PART U
 
    37    Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
    38  laws  of  2019  to  the  department  of agriculture and markets from the
    39  special  revenue  funds-other/state  operations,  miscellaneous  special
    40  revenue  fund-339,  public  service  account  shall  be  subject  to the
    41  provisions of this section. Notwithstanding any other provision  of  law
    42  to the contrary, direct and indirect expenses relating to the department
    43  of   agriculture   and  markets'  participation  in  general  ratemaking
    44  proceedings pursuant to section 65 of the public service law or  certif-
    45  ication  proceedings  pursuant  to article 7 or 10 of the public service
    46  law, shall be deemed expenses of the department of public service within
    47  the meaning of section 18-a of the public service  law.  No  later  than
    48  August  15,  2020, the commissioner of the department of agriculture and
    49  markets shall submit an accounting of such expenses, including, but  not
    50  limited  to,  expenses  in the 2019--2020 state fiscal year for personal
    51  and non-personal services and fringe  benefits,  to  the  chair  of  the
    52  public  service  commission  for  the  chair's  review  pursuant  to the
    53  provisions of section 18-a of the public service law.    No  later  than
    54  August  15,  2021, the commissioner of the department of agriculture and

        S. 1508                            111                           A. 2008
 
     1  markets shall submit an accounting of such expenses, including, but  not
     2  limited  to,  expenses  in the 2020--2021 state fiscal year for personal
     3  and non-personal services and fringe  benefits,  to  the  chair  of  the
     4  public  service  commission  for  the  chair's  review  pursuant  to the
     5  provisions of section 18-a of the public service law.
     6    § 2. Expenditures of moneys appropriated in a chapter of the  laws  of
     7  2019  to  the  department  of  state  from  the  special  revenue funds-
     8  other/state operations, miscellaneous special revenue  fund-339,  public
     9  service  account  shall  be  subject  to the provisions of this section.
    10  Notwithstanding any other provision of law to the contrary,  direct  and
    11  indirect  expenses  relating  to  the  activities  of  the department of
    12  state's utility intervention unit pursuant to subdivision 4  of  section
    13  94-a  of  the executive law, including, but not limited to participation
    14  in general ratemaking proceedings pursuant to section 65 of  the  public
    15  service  law or certification proceedings pursuant to article 7 or 10 of
    16  the public service law, shall be deemed expenses of  the  department  of
    17  public  service within the meaning of section 18-a of the public service
    18  law.  No later than August 15, 2020, the secretary of state shall submit
    19  an accounting of such expenses, including, but not limited to,  expenses
    20  in  the  2019--2020  state  fiscal  year  for  personal and non-personal
    21  services and fringe benefits, to the chair of the public service commis-
    22  sion for the chair's review pursuant to the provisions of  section  18-a
    23  of the public service law.  No later than August 15, 2021, the secretary
    24  of state shall submit an accounting of such expenses, including, but not
    25  limited  to,  expenses  in the 2020--2021 state fiscal year for personal
    26  and non-personal services and fringe  benefits,  to  the  chair  of  the
    27  public  service  commission  for  the  chair's  review  pursuant  to the
    28  provisions of section 18-a of the public service law.
    29    § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
    30  2019  to  the office of parks, recreation and historic preservation from
    31  the special revenue funds-other/state operations, miscellaneous  special
    32  revenue  fund-339,  public  service  account  shall  be  subject  to the
    33  provisions of this section. Notwithstanding any other provision  of  law
    34  to  the contrary, direct and indirect expenses relating to the office of
    35  parks, recreation and historic preservation's participation  in  general
    36  ratemaking  proceedings pursuant to section 65 of the public service law
    37  or certification proceedings pursuant to article 7 or 10 of  the  public
    38  service  law,  shall  be  deemed  expenses  of  the department of public
    39  service within the meaning of section 18-a of the public service law. No
    40  later than August 15, 2020, the commissioner of  the  office  of  parks,
    41  recreation  and historic preservation shall submit an accounting of such
    42  expenses, including, but not limited  to,  expenses  in  the  2019--2020
    43  state  fiscal  year  for  personal  and non-personal services and fringe
    44  benefits, to the chair of the public service commission for the  chair's
    45  review  pursuant to the provisions of section 18-a of the public service
    46  law.  No later than August 15, 2021, the commissioner of the  office  of
    47  parks,  recreation  and historic preservation shall submit an accounting
    48  of such expenses,  including,  but  not  limited  to,  expenses  in  the
    49  2020--2021  state fiscal year for personal and non-personal services and
    50  fringe benefits, to the chair of the public service commission  for  the
    51  chair's  review pursuant to the provisions of section 18-a of the public
    52  service law.
    53    § 4. Expenditures of moneys appropriated in a chapter of the  laws  of
    54  2019  to  the  department of environmental conservation from the special
    55  revenue funds-other/state operations, environmental conservation special
    56  revenue fund-301, utility  environmental  regulation  account  shall  be

        S. 1508                            112                           A. 2008
 
     1  subject  to  the  provisions  of this section. Notwithstanding any other
     2  provision of law to the contrary, direct and indirect expenses  relating
     3  to the department of environmental conservation's participation in state
     4  energy  policy  proceedings,  or  certification  proceedings pursuant to
     5  article 7 or 10 of the public service law, shall be deemed  expenses  of
     6  the  department  of public service within the meaning of section 18-a of
     7  the public service law. No later than August 15, 2020, the  commissioner
     8  of the department of environmental conservation shall submit an account-
     9  ing  of  such  expenses,  including, but not limited to, expenses in the
    10  2019--2020 state fiscal year for personal and non-personal services  and
    11  fringe  benefits,  to the chair of the public service commission for the
    12  chair's review pursuant to the provisions of section 18-a of the  public
    13  service  law.    No  later than August 15, 2021, the commissioner of the
    14  department of environmental conservation shall submit an  accounting  of
    15  such expenses, including, but not limited to, expenses in the 2020--2021
    16  state  fiscal  year  for  personal  and non-personal services and fringe
    17  benefits, to the chair of the public service commission for the  chair's
    18  review  pursuant to the provisions of section 18-a of the public service
    19  law.
    20    § 5. Funding for services and  expenses  of  the  electric  generation
    21  facility cessation mitigation fund for state fiscal year 2019--2020, and
    22  for  each  state  fiscal  year  thereafter,  shall  be  subject  to  the
    23  provisions of this section. Notwithstanding any other provision  of  law
    24  to  the  contrary,  funding provided to the electric generation facility
    25  cessation mitigation fund administered by the urban  development  corpo-
    26  ration  for  payment to eligible municipalities shall be deemed expenses
    27  of the department of public service within the meaning of  section  18-a
    28  of the public service law. For the 2019--2020 state fiscal year, and for
    29  each  state  fiscal  year  thereafter, the electric businesses of public
    30  utilities subject to the commission's  regulation,  other  than  munici-
    31  palities,  shall  pay  a  total  amount not to exceed $10,000,000 to the
    32  urban development corporation for deposit  to  the  electric  generation
    33  facility cessation mitigation fund. The bill to each such public utility
    34  shall  be  $10,000,000  multiplied by the proportion which compares: (1)
    35  the gross operating revenues,  over  and  above  five  hundred  thousand
    36  dollars,  for  the electric business of such public utility derived from
    37  intrastate utility operations in the last preceding  calendar  year,  or
    38  other  twelve  month  period  as determined by the chairman, to: (2) the
    39  total of the gross operating revenues, derived from  intrastate  utility
    40  operations  for  the electric businesses of all such public utilities in
    41  the state. No later than August 15, 2020, and August  15  of  each  year
    42  thereafter,  the  chair  of the public service commission will review an
    43  accounting of the electric generation facility cessation mitigation fund
    44  pursuant to provisions of section 18-a of the public service law.
    45    § 6. Notwithstanding any other law, rule or regulation to the  contra-
    46  ry,  expenses  of  the  department  of  health  public service education
    47  program incurred pursuant to appropriations from  the  cable  television
    48  account of the state miscellaneous special revenue funds shall be deemed
    49  expenses  of  the department of public service. No later than August 15,
    50  2020, the commissioner of the  department  of  health  shall  submit  an
    51  accounting  of expenses in the 2019--2020 state fiscal year to the chair
    52  of the public service commission for the chair's review pursuant to  the
    53  provisions  of  section  217  of the public service law.   No later than
    54  August 15, 2021, the commissioner of  the  department  of  health  shall
    55  submit  an  accounting  of such expenses, including, but not limited to,
    56  expenses in the 2020--2021 state fiscal year for personal  and  non-per-

        S. 1508                            113                           A. 2008
 
     1  sonal  services  and fringe benefits, to the chair of the public service
     2  commission for the chair's review pursuant to the provisions of  section
     3  18-a of the public service law.
     4    §  7.  Any  expense  deemed to be expenses of the department of public
     5  service pursuant to sections one through five of this act shall  not  be
     6  recovered  through  assessments  imposed  upon telephone corporations as
     7  defined in subdivision 17 of section 2 of the public service law.
     8    § 8. This act shall take effect immediately and  shall  be  deemed  to
     9  have  been  in  full  force  and  effect  on and after April 1, 2019 and
    10  sections one, two, three, four and six shall be deemed repealed April 1,
    11  2021.
 
    12                                   PART V
 
    13    Section 1. The state finance law is amended by adding  a  new  section
    14  169 to read as follows:
    15    §  169. Net neutrality. 1. As used herein, "net neutrality" shall mean
    16  that an internet service provider will not block,  throttle,  or  prior-
    17  itize  internet  content  or  applications or require that end users pay
    18  different or higher rates to access specific types of content or  appli-
    19  cations.
    20    2. Each state agency shall enter into contracts with only those inter-
    21  net  service  providers  that  adhere to net neutrality principles. Each
    22  contract for internet services provided to a state agency shall  specif-
    23  ically  state  that  the  internet service provider may not block lawful
    24  content, applications, services, non-harmful  devices,  or  applications
    25  that  compete  with  other  services  provided  by  the internet service
    26  provider.  Any contract or contract renewal  entered  into  by  a  state
    27  agency  shall  include a binding agreement consistent with the foregoing
    28  provisions, and no state agency shall enter  into  a  contract  with  an
    29  internet  service  provider, an agent therefor, or other entity offering
    30  to or procuring on behalf of the state agency internet  services  unless
    31  the contract contains such a binding agreement.
    32    § 2. Subdivision 9 of section 160 of the state finance law, as amended
    33  by chapter 106 of the laws of 2012, is amended to read as follows:
    34    9.  "State  agency"  or  "state agencies" means all state departments,
    35  boards, commissions, offices or institutions but excludes, however,  for
    36  the  purposes of subdivision five of section three hundred fifty-five of
    37  the education law, the state university of New York  and  excludes,  for
    38  the  purposes  of subdivision a of section sixty-two hundred eighteen of
    39  the education law, the city university of New York;  provided,  however,
    40  that  the  state  university  of New York and the city university of New
    41  York shall be subject to the provisions of section  one  hundred  sixty-
    42  five-a  and section one hundred sixty-nine of this article. Furthermore,
    43  such term shall not include the legislature or the judiciary.
    44    § 3. The public authorities law is amended by  adding  a  new  section
    45  2878-c to read as follows:
    46    §  2878-c.  Net  neutrality. 1. As used herein, "net neutrality" shall
    47  mean that an internet service provider  will  not  block,  throttle,  or
    48  prioritize  internet  content  or applications or require that end users
    49  pay different or higher rates to access specific  types  of  content  or
    50  applications.
    51    2.  Each  state  authority  shall enter into contracts with only those
    52  internet service providers that adhere  to  net  neutrality  principles.
    53  Each  contract for internet services provided to a state authority shall
    54  specifically state that the internet  service  provider  may  not  block

        S. 1508                            114                           A. 2008
 
     1  lawful content, applications, services, non-harmful devices, or applica-
     2  tions  that compete with other services provided by the internet service
     3  provider. Any contract or contract  renewal  entered  into  by  a  state
     4  authority  shall include a binding agreement consistent with the forego-
     5  ing provisions, and no state authority shall enter into a contract  with
     6  an  internet service provider, an agent therefor, or other entity offer-
     7  ing to or procuring on behalf of the state authority  internet  services
     8  unless the contract contains such a binding agreement.
     9    § 4. This act shall take effect immediately.
 
    10                                   PART W

    11    Section  1.  Expenditures  of  moneys  by  the  New  York state energy
    12  research and development authority for  services  and  expenses  of  the
    13  energy   research,  development  and  demonstration  program,  including
    14  grants, the energy policy and planning program, the zero emissions vehi-
    15  cle and electric vehicle rebate program, and the Fuel NY  program  shall
    16  be  subject  to  the  provisions  of  this  section. Notwithstanding the
    17  provisions of subdivision 4-a of section 18-a of the public service law,
    18  all moneys committed or expended in an amount not to exceed  $19,700,000
    19  shall  be  reimbursed by assessment against gas corporations, as defined
    20  in subdivision 11 of section 2 of the public service  law  and  electric
    21  corporations  as  defined  in  subdivision 13 of section 2 of the public
    22  service law, where such gas corporations and electric corporations  have
    23  gross  revenues from intrastate utility operations in excess of $500,000
    24  in the preceding calendar year,  and  the  total  amount  which  may  be
    25  charged  to  any  gas corporation and any electric corporation shall not
    26  exceed one cent per one thousand cubic feet of gas sold  and  .010  cent
    27  per  kilowatt-hour  of  electricity  sold  by such corporations in their
    28  intrastate utility operations in calendar year 2017. Such amounts  shall
    29  be  excluded  from the general assessment provisions of subdivision 2 of
    30  section 18-a of the public service law. The chair of the public  service
    31  commission  shall  bill  such  gas and/or electric corporations for such
    32  amounts on or before August 10, 2019 and such amounts shall be  paid  to
    33  the  New  York  state  energy  research  and development authority on or
    34  before September 10, 2019. Upon  receipt,  the  New  York  state  energy
    35  research and development authority shall deposit such funds in the ener-
    36  gy  research  and  development  operating  fund  established pursuant to
    37  section 1859 of the public authorities law. The New  York  state  energy
    38  research  and  development  authority is authorized and directed to: (1)
    39  transfer $1 million to the state general fund for services and  expenses
    40  of  the  department of environmental conservation, $150,000 to the state
    41  general fund for services and expenses of the department of  agriculture
    42  and  markets, and $825,000 to the University of Rochester laboratory for
    43  laser energetics from the funds received; and (2)  commencing  in  2016,
    44  provide  to  the chair of the public service commission and the director
    45  of the budget and the chairs and secretaries of the  legislative  fiscal
    46  committees,  on or before August first of each year, an itemized record,
    47  certified by the president and chief executive officer of the authority,
    48  or his or her designee, detailing any and all expenditures  and  commit-
    49  ments  ascribable  to  moneys received as a result of this assessment by
    50  the chair of the department of public service pursuant to  section  18-a
    51  of  the public service law.  This itemized record shall include an item-
    52  ized breakdown of the programs being funded  by  this  section  and  the
    53  amount  committed  to each program.   The authority shall not commit for
    54  any expenditure, any moneys derived from the assessment provided for  in

        S. 1508                            115                           A. 2008
 
     1  this  section,  until  the chair of such authority shall have submitted,
     2  and the director of the budget  shall  have  approved,  a  comprehensive
     3  financial  plan encompassing all moneys available to and all anticipated
     4  commitments  and  expenditures by such authority from any source for the
     5  operations of such authority.   Copies  of  the  approved  comprehensive
     6  financial plan shall be immediately submitted by the chair to the chairs
     7  and  secretaries  of the legislative fiscal committees.  Any such amount
     8  not committed by such authority to contracts or contracts to be  awarded
     9  or  otherwise  expended by the authority during the fiscal year shall be
    10  refunded by such authority on a pro-rata basis to such gas and/or  elec-
    11  tric  corporations,  in  a  manner to be determined by the department of
    12  public service, and any refund amounts must be explicitly lined  out  in
    13  the itemized record described above.
    14    §  2.  This  act  shall take effect immediately and shall be deemed to
    15  have been in full force and effect on and after April 1, 2019.
 
    16                                   PART X
 
    17    Section 1. Short title. This act shall be known and may  be  cited  as
    18  the "climate leadership act".
    19    § 2. Legislative findings. The legislature finds and declares that:
    20    1.  New York state is on the front lines of the battle against climate
    21  change, recognizing the moral imperative for this generation to  protect
    22  the next.
    23    2.  New  York  state  has  already  experienced firsthand the damaging
    24  consequences of a changing climate along with the  economic  impacts  of
    25  increasingly frequent and violent weather.
    26    3.  New  York  state  accepts  its responsibility to lead the fight to
    27  address climate change, and as the world's thirteenth  largest  economy,
    28  embraces this responsibility and the need for greater climate action and
    29  leadership.
    30    4. New York state accepts the findings of the United Nations Intergov-
    31  ernmental  Panel  on  Climate  Change  and  the international scientific
    32  community that global temperature must  not  increase  by  more  than  2
    33  degrees  Celsius  above  preindustrial levels in order to avert the most
    34  damaging effects of a changing climate.
    35    5. New York state  is  mindful  of  the  federal  government's  fourth
    36  National  Climate  Assessment,  which predicts that if significant steps
    37  are not taken, the damage from climate change will reduce  the  size  of
    38  the  U.S.  economy  by  century's  end as a result of severe weather and
    39  natural disasters.
    40    6. New York state is a national and international leader in addressing
    41  climate change and has adopted ambitious  policies  and  initiatives  to
    42  dramatically  reduce  greenhouse  gas  emissions,  including a target to
    43  reduce greenhouse gas emissions by 40% from 1990 levels by 2030, and 80%
    44  from 1990 levels by 2050.
    45    7. New York state is a founding participant in the U.S. Climate  Alli-
    46  ance,  Regional  Greenhouse  Gas Initiative, and Zero Emissions Vehicles
    47  Initiative.
    48    8. New York state's Reforming the Energy Vision is a nationally recog-
    49  nized initiative to fundamentally transform the state's  energy  economy
    50  into one that is increasingly clean, resilient and affordable.
    51    9.  New  York  state's  Clean  Energy  Standard  was  one of the first
    52  programs in the nation to mandate that  50%  of  electricity  come  from
    53  renewable energy sources by 2030.

        S. 1508                            116                           A. 2008
 
     1    10.  New York state's offshore wind, solar, energy storage, and energy
     2  efficiency targets and programs are leading the nation in propelling the
     3  rapid growth of clean energy industries across the state.
     4    11. New York state is committed to achieving carbon neutrality as soon
     5  as  practicable  and to ensuring that the transition to a carbon neutral
     6  economy is equitable for all New Yorkers and a transitioning workforce.
     7    12. New York state acknowledges that worsening  climate  impacts  will
     8  disproportionately  affect low-income and disadvantaged communities, and
     9  is committed to making systemic changes to address the  unequal  impacts
    10  of  negative environmental burdens on distressed communities and sharing
    11  the burdens and benefits of  addressing  climate  change  equitably  and
    12  fairly.
    13    13.  New York state is committed to ensuring that by the year 2040 one
    14  hundred percent of its electricity is generated by clean  sources,  that
    15  by  2030  seventy  percent  of its electricity is generated by renewable
    16  sources and that the state is on a path to becoming carbon neutral econ-
    17  omy-wide as soon as practicable.
    18    § 3. The energy law is amended by adding a new section 6-105  to  read
    19  as follows:
    20    §  6-105.  Climate  action  council  and  roadmap for statewide carbon
    21  neutrality. 1. It is hereby established as state policy that, as soon as
    22  practicable, the state must sequester or offset a  greater  quantity  of
    23  atmospheric greenhouse gases than are emitted within the state, and that
    24  in  the  consideration  of  carbon  neutrality, the state must take into
    25  account both atmospheric carbon and greenhouse gas emissions as well  as
    26  offsets  from  the  local sequestration of atmospheric carbon and green-
    27  house gases through long-term sinks and reservoirs.
    28    2. In furtherance of state policy provided in subdivision one of  this
    29  section,  there  is  hereby  established a climate action council, which
    30  shall consist of the following members or their designees:
    31    (a) the commissioner of the state department of environmental  conser-
    32  vation;
    33    (b) the president of the energy research and development authority;
    34    (c) the chair of the public service commission;
    35    (d) the commissioner of labor of the state of New York;
    36    (e) the commissioner of the state department of transportation;
    37    (f) the commissioner of agriculture and markets;
    38    (g) one representative of clean energy associations;
    39    (h)  one  member of an organization dedicated to environmental justice
    40  issues;
    41    (i) one representative of labor organizations; and
    42    (j) any others as may be necessary to carry out the duties and respon-
    43  sibilities under this section.
    44    The members specified in paragraphs (g), (h),  (i)  and  (j)  of  this
    45  subdivision shall be promptly appointed by the governor, each for a term
    46  of  two  years,  provided  that  such person's membership shall continue
    47  after such two  year  term  if  reappointed  or  until  a  successor  is
    48  appointed.
    49    3.  The climate action council will be co-chaired by the commissioners
    50  of the department of environmental conservation and the president of the
    51  energy research and development authority. It shall meet as often as  is
    52  necessary,  but  no  less  than  three times per year, and under circum-
    53  stances as are appropriate to fulfilling its duties under this  section.
    54  All  members shall be provided with written notice reasonably in advance
    55  of each meeting with date, time and location of such meeting.

        S. 1508                            117                           A. 2008
 
     1    4. The climate action council shall develop a roadmap  of  recommenda-
     2  tions for attaining the statewide greenhouse gas emission goals of forty
     3  percent  reduction  from  1990  levels by two thousand thirty and carbon
     4  neutrality in all sectors of the economy which shall  inform  the  state
     5  energy  planning council's adoption of a state energy plan in accordance
     6  with section 6-104 of this article.   To accommodate  the  work  of  the
     7  climate action council, the state energy planning council shall complete
     8  the next state energy plan required by this article no later than Decem-
     9  ber thirty-first, two thousand twenty.
    10    5.  The  roadmap  required  by  subdivision four of this section shall
    11  identify and make recommendations on regulatory measures,  clean  energy
    12  programs,  and  other  state  actions  and policies that will ensure the
    13  attainment of statewide emission reduction and carbon neutrality  goals.
    14  In  developing  the roadmap required by subdivision four of this section
    15  the council shall:
    16    (a) recognize the global nature of anthropogenic  climate  change  and
    17  prioritize  regional,  multistate  and  international  collaboration and
    18  action to deliver maximum impact;
    19    (b) engage the states in the U.S.  Climate  Alliance  on  pathways  to
    20  achieving  a  proportional  share  of the United Nations Paris Agreement
    21  objective to keep global  anthropogenic  temperature  increase  to  well
    22  below  2  degrees  Celsius  while  striving to limit the increase to 1.5
    23  degrees Celsius;
    24    (c) explore with U.S. Climate Alliance  states  regional  market-based
    25  programs  and  initiatives that can deliver environmental sustainability
    26  and carbon neutrality in support of the Paris Agreement;
    27    (d) consider all relevant information  pertaining  to  greenhouse  gas
    28  emissions  reduction  programs among states in the U.S. Climate Alliance
    29  as well as in other states, regions and nations;
    30    (e) evaluate, using economic models,  emission  estimation  techniques
    31  and other scientific methods, the potential costs and potential economic
    32  and  non-economic  benefits of transitioning to a carbon-neutral economy
    33  on a statewide and multistate basis, taking into account the  impact  on
    34  consumers  and any regional variations and make such evaluation publicly
    35  available;
    36    (f) evaluate, using economic models,  emission  estimation  techniques
    37  and  other  scientific  methods  the economic, environmental, and public
    38  health benefits and co-benefits of greenhouse gas  emissions  reductions
    39  on  a  statewide  and multistate basis, taking into account the value of
    40  carbon, established by  the  department  of  environmental  conservation
    41  pursuant  to  section 75-0107 of the environmental conservation law, and
    42  using any other tools that the council deems useful  and  pertinent  for
    43  this analysis; and
    44    (g) consult with the environmental justice and just transition working
    45  group established pursuant to this section, and other stakeholders iden-
    46  tified by the council.
    47    6.  The  programs  and  measures considered the roadmap as required by
    48  subdivision four of this section may include:
    49    (a) performance-based standards for sources of  greenhouse  gas  emis-
    50  sions,  including  but not limited to sources in the electricity, trans-
    51  portation, building, industrial, commercial, and agricultural sectors;
    52    (b) market-based mechanisms to reduce statewide greenhouse  gas  emis-
    53  sions on a statewide and multistate basis or emissions from a particular
    54  source  category  or categories, including an examination of the imposi-
    55  tion of fees per ton of carbon dioxide equivalent emitted and the  impo-

        S. 1508                            118                           A. 2008
 
     1  sition  of  emissions  caps accompanied by a system of tradable emission
     2  allowances;
     3    (c)  programs to reduce emissions from the electricity sector by tran-
     4  sitioning from fossil fuel-based generation  to  generation  powered  by
     5  clean resources or energy efficiency measures to the extent practicable,
     6  including  an analysis of technologies and other measures that should be
     7  developed to facilitate such transition;
     8    (d) land use and transportation planning measures  aimed  at  reducing
     9  greenhouse gas emissions on a statewide and multistate basis;
    10    (e) measures to promote the beneficial electrification of personal and
    11  freight  transport,  and other strategies to reduce greenhouse gas emis-
    12  sions from the transportation sector;
    13    (f) measures to achieve reductions in energy use in existing  residen-
    14  tial  or  commercial buildings, including the beneficial electrification
    15  of water and space heating in buildings,  establishing  appliance  effi-
    16  ciency  standards, strengthening building energy codes, requiring annual
    17  building energy  benchmarking,  disclosing  energy  efficiency  in  home
    18  sales, and expanding the ability of state facilities to utilize perform-
    19  ance contracting;
    20    (g)  recommendations  to  aid  in the transition of the New York state
    21  workforce and the rapidly emerging clean energy industry;
    22    (h) measures to achieve long-term carbon sequestration and/or  promote
    23  best management practices in land use, agriculture and forestry;
    24    (i)  measures  to  limit  the use of chemicals, substances or products
    25  that contribute to global climate change when  released  to  the  atmos-
    26  phere, but are not intended for end-use combustion;
    27    (j)  mechanisms  to  limit  emission leakage as defined in subdivision
    28  eleven of section 75-0101 of the environmental conservation law; and
    29    (k) verifiable, enforceable and voluntary  emissions  reduction  meas-
    30  ures.
    31    7.  The  council  shall  provide  meaningful  opportunities for public
    32  comment from all persons who will be impacted by the roadmap required by
    33  subdivision four of this section, including public hearing opportunities
    34  in all regions of the state, and shall allow at least one hundred twenty
    35  days for the submission of public comment.  The council is authorized to
    36  conduct any public hearings associated with the roadmap  in  conjunction
    37  with public hearings required for the state energy plan.
    38    8. The council shall transmit the roadmap required by subdivision four
    39  of  this  section  to the governor, the speaker of the assembly, and the
    40  temporary president of the senate. The council shall prepare and  submit
    41  a  report, by December thirty-first, two thousand nineteen, and annually
    42  thereafter, until completion of the roadmap required by subdivision four
    43  of this section, detailing the progress of the council and identify  any
    44  interim  recommendations  on regulatory measures, clean energy programs,
    45  and other state actions and policies that will ensure the attainment  of
    46  statewide emission reduction and carbon neutrality goals.
    47    9.  The  council  may consult with the Long Island power authority and
    48  the power authority of the state of New York, and  such  authorities  as
    49  are  authorized  to  cooperate  with  the  council  and provide input as
    50  requested.
    51    10. The Long Island power authority and the  power  authority  of  the
    52  state  of  New  York are authorized, as deemed feasible and advisable by
    53  their respective governing boards, to make a voluntary  contribution  of
    54  funds  to  mitigate  part  of  the  cost  of  development of the roadmap
    55  required by subdivision four of this section.

        S. 1508                            119                           A. 2008

     1    11. Staff services shall be performed by  the  departments  of  public
     2  service,  environmental  conservation,  transportation,  agriculture and
     3  markets, labor, and the New York state energy research  and  development
     4  authority,  as  directed  by  the council. Assistance shall also be made
     5  available, as requested by the council, from other agencies, departments
     6  and public authorities of the state. The council may provide for its own
     7  representation  in all actions or proceedings in which it is a party.
     8    §  4.  The energy law is amended by adding a new section 6-110 to read
     9  as follows:
    10    § 6-110. Environmental justice and just transition working  group.  1.
    11  There is hereby established an environmental justice and just transition
    12  working group which shall consist of advocates for environmental justice
    13  and  community  leaders and representatives of New York's workforce, and
    14  have equal representation from New York city communities, rural communi-
    15  ties, and upstate urban communities.
    16    2. The working group shall  advise  the  department  of  environmental
    17  conservation, the energy research and development authority, the depart-
    18  ment  of  public  service,  the  department of labor, the climate action
    19  council, and other agencies as appropriate, on:
    20    (a) the development  of  statewide  greenhouse  gas  emissions  limits
    21  established  pursuant  to section 75-0103 of the environmental conserva-
    22  tion law;
    23    (b) the preparation of a roadmap for  reducing  greenhouse  gas  emis-
    24  sions,  pursuant  to  the  procedures  set forth in section 6-105 of the
    25  energy law that shall identify existing climate  change  mitigation  and
    26  adaptation  efforts at the federal, state, and local levels and may make
    27  recommendations regarding how such  policies  may  improve  the  state's
    28  efforts;
    29    (c)  the  preparation  of a roadmap for addressing issues and opportu-
    30  nities related to the transition of the New York state workforce and the
    31  rapidly emerging clean energy industry; and
    32    (d) the transition of communities away from conventional energy indus-
    33  tries and towards new opportunities in the clean energy economy.
    34    § 5. The energy law is amended by adding a new section 6-112  to  read
    35  as follows:
    36    § 6-112. Supplemental analysis for one hundred percent clean electric-
    37  ity. 1. The board shall undertake the following assessment to supplement
    38  information  for  future energy planning:  on or before December thirty-
    39  first, two thousand twenty-four, and every four  years  thereafter,  the
    40  board shall incorporate:
    41    (a)  analysis  and  recommendations into each plan supporting policies
    42  and actions that would meet the state's objective of ensuring  that  the
    43  state's  electricity  demand  is supplied from one hundred percent clean
    44  energy resources by the year two thousand forty  in  an  economical  and
    45  technically feasible manner; and
    46    (b)  analysis  and  recommendations into each plan supporting policies
    47  and actions that would advance the state toward the objective of meeting
    48  the greenhouse gas emission reduction limits established by the  depart-
    49  ment  of  environmental  conservation pursuant to section 75-0103 of the
    50  environmental conservation law.
    51    2. The board may consult with the Long  Island  power  authority,  the
    52  power  authority  of  the  state  of New York, any other state agency or
    53  authority, and the bulk system  operator  as  deemed  necessary  by  the
    54  board,  and all state agencies and authorities are authorized to cooper-
    55  ate with the board and provide input as requested with respect  to  such
    56  assessment.

        S. 1508                            120                           A. 2008
 
     1    § 6. The public service law is amended by adding a new section 77-a to
     2  read as follows:
     3    §  77-a.  New  York state clean energy program. 1. The term "renewable
     4  energy sources" when used in  this  section  shall  be  defined  by  the
     5  commission, and shall include but not be limited to, at a minimum, solar
     6  photovoltaic  generation, wind generation, existing hydroelectric gener-
     7  ation as well as new hydroelectric generation subject to  and  compliant
     8  with  rules established by the commission and generators that use biogas
     9  or other biofuels to generate electricity subject to and compliant  with
    10  rules established by the commission.
    11    2.  The term "clean energy sources" when used in this section shall be
    12  defined by the commission, in consultation with the department of  envi-
    13  ronmental  conservation,  and  shall  include  electric  generation that
    14  releases zero or de minimis net greenhouse gas emissions to  the  atmos-
    15  phere  as  a  byproduct of generating electricity, including electricity
    16  generated by biofuels that are determined by the department of  environ-
    17  mental conservation to be carbon neutral.
    18    3.  Within  one  hundred  twenty  days  of  the effective date of this
    19  section, the commission shall commence a proceeding or modify an  exist-
    20  ing  proceeding  to  establish a clean energy program that shall require
    21  that New York state load serving entities:
    22    (a) meet one hundred percent of  statewide  electrical  energy  demand
    23  with clean energy sources by the year two thousand forty;
    24    (b)  meet  seventy  percent of statewide electrical energy demand with
    25  renewable energy sources by the year two thousand thirty; and
    26    (c) demonstrate each year that the required percentage of their  elec-
    27  tric  energy  demand  was  met  with  clean and renewable energy sources
    28  through methods or mechanisms established by the commission.
    29    4. The commission  may  establish  minimum  annual  percentage  target
    30  requirements  for  load  serving  entities  for  each year, or period of
    31  years, of the program. In  establishing  such  program,  the  commission
    32  shall  consult  with  the Long Island power authority, the department of
    33  environmental conservation, the power authority of the state of New York
    34  and the New York energy research and development authority.
    35    § 7. Section 1005 of the public authorities law is amended by adding a
    36  new subdivision 26 to read as follows:
    37    26. To cooperate with the public service commission, the  Long  Island
    38  power  authority  and the New York state energy research and development
    39  authority to meet New York  state's  climate  change  and  environmental
    40  goals  including  those  established  pursuant  to  and  consistent with
    41  section seventy-seven-a of the public service law,  section  75-0103  of
    42  the environmental conservation law and section 6-105 of the energy law.
    43    §  8.  Paragraph 1 of subdivision (gg) of section 1020-f of the public
    44  authorities law, as added by section 7 of part A of chapter 173  of  the
    45  laws of 2013, is amended to read as follows:
    46    1.  The authority in coordination with the service provider, the power
    47  authority of the state of  New  York  and  the  New  York  state  energy
    48  research  and development authority shall, to the extent the authority's
    49  rates are sufficient to  provide  safe  and  adequate  transmission  and
    50  distribution  service,  and  the  measures  herein, undertake actions to
    51  design and administer renewable energy and energy efficiency measures in
    52  the service area, with the goal of continuing and expanding  such  meas-
    53  ures  that  cost-effectively  reduce  system-wide  peak demand, minimize
    54  long-term fuel price risk to rate payers, lower emissions, improve envi-
    55  ronmental quality, including the requirements  established  pursuant  to
    56  and  consistent  with section seventy-seven-a of the public service law,

        S. 1508                            121                           A. 2008
 
     1  section 75-0103 of the environmental conservation law and section  6-105
     2  of  the  energy  law  and seek to meet New York state climate change and
     3  environmental goals. Such actions shall also include  implementation  of
     4  any  renewable energy competitive procurement or feed-in-tariff programs
     5  that were approved by the authority as of  the  effective  date  of  the
     6  chapter  of  the laws of two thousand thirteen which added this subdivi-
     7  sion.
     8    § 9. The environmental conservation law is amended  by  adding  a  new
     9  article 75 to read as follows:
    10                                 ARTICLE 75
    11                               CLIMATE CHANGE
    12  Section 75-0101. Definitions.
    13          75-0103. Statewide greenhouse gas emissions limits.
    14          75-0105. Regulations  to  achieve statewide greenhouse gas emis-
    15                     sions reductions.
    16          75-0107. Value of carbon.
    17  § 75-0101. Definitions.
    18    For the purposes of this article, the following definitions apply:
    19    1. "Council" means the climate action council established pursuant  to
    20  section 6-105 of the energy law.
    21    2.  "Carbon  dioxide equivalent" means the amount of carbon dioxide by
    22  mass that would produce the same integrated radiative forcing as a given
    23  mass of another greenhouse gas over a one hundred year or  other  appro-
    24  priate time frame after emission, as determined by the department.
    25    3.  "Carbon  neutrality  policy"  means  the  state policy established
    26  pursuant to subdivision one of section 6-105 of the energy law.
    27    4. "Carbon neutrality roadmap" means the roadmap for statewide  carbon
    28  neutrality  prepared  by  the climate action council pursuant to section
    29  6-105 of the energy law.
    30    5. "Climate action council" means the board  established  pursuant  to
    31  subdivision two of section 6-105 of the energy law.
    32    6.  "Emissions reduction measures" means programs, measures and stand-
    33  ards, including those authorized pursuant to this chapter, applicable to
    34  sources or categories of sources that are designed to  reduce  emissions
    35  of greenhouse gases.
    36    7. "Environmental justice and just transition working group" means the
    37  group established pursuant to section 6-110 of the energy law.
    38    8.  "Greenhouse  gas"  means  carbon  dioxide, methane, nitrous oxide,
    39  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
    40  substance emitted into the air that may  be  reasonably  anticipated  to
    41  cause  or  contribute  to anthropogenic climate change, as determined by
    42  the department.
    43    9. "Greenhouse gas emission limit" means an  authorization,  during  a
    44  specified  year,  for  a  greenhouse gas emission source to emit up to a
    45  level or rate of greenhouse gases specified by the department, expressed
    46  in tons of carbon dioxide equivalent.
    47    10. "Greenhouse gas emission source" or "source" means  any  anthropo-
    48  genic  source  or  category  of  anthropogenic sources of greenhouse gas
    49  emissions including prime suppliers, with the exception of  agricultural
    50  emissions from livestock, that the department determines:
    51    (a)  will  enable the state to effectively reduce greenhouse gas emis-
    52  sions through the source's participation in a program or mechanism; and
    53    (b) is capable of being monitored for compliance.
    54    11. "Leakage" means a reduction in emissions of greenhouse gases with-
    55  in the state that is offset by an increase in  emissions  of  greenhouse
    56  gases outside of the state.

        S. 1508                            122                           A. 2008
 
     1    12.  "State  energy  plan"  means  the plan issued by the state energy
     2  planning board pursuant to article six of the energy law.
     3    13.  "Statewide greenhouse gas emissions" means the total annual emis-
     4  sions of greenhouse gases produced within the state from sources. State-
     5  wide greenhouse gas emissions shall be expressed in short tons of carbon
     6  dioxide equivalents.
     7    14. "Statewide greenhouse gas emissions limit" or "statewide emissions
     8  limit" means the maximum allowable level  of  statewide  greenhouse  gas
     9  emissions in a specified year.
    10  § 75-0103. Statewide greenhouse gas emissions limits.
    11    Within two years of the effective date of this article, the department
    12  shall  promulgate a statewide greenhouse gas emissions limit measured in
    13  units of carbon dioxide equivalent for the year two thousand thirty,  at
    14  which  statewide  greenhouse gas emissions would achieve a forty percent
    15  reduction from nineteen hundred  ninety  emission  levels  based  on  an
    16  inventory  of  statewide  emissions developed or approved by the depart-
    17  ment. The department may periodically revise  the  limit  based  on  new
    18  information.
    19  § 75-0105. Regulations  to  achieve  statewide  greenhouse gas emissions
    20               reductions.
    21    1. In addition to regulations promulgated by the  department  pursuant
    22  to  existing  authority  established by this chapter, no later than four
    23  years after the effective date of this  article,  the  department  shall
    24  promulgate rules and regulations consistent with measures recommended in
    25  the  carbon  neutrality  roadmap issued by the climate action council to
    26  support compliance with the statewide  greenhouse  gas  emission  limits
    27  established  by the department pursuant to section 75-0103 of this arti-
    28  cle.
    29    2. The regulations promulgated by  the  department  pursuant  to  this
    30  section may include, as appropriate:
    31    (a) legally enforceable emissions reduction measures or greenhouse gas
    32  emission  limits, which may include performance standards or measures or
    33  other requirements to control emissions  from  greenhouse  gas  emission
    34  sources;
    35    (b)  measures to reduce emissions from greenhouse gas emission sources
    36  or source categories that have  a  cumulatively  significant  impact  on
    37  statewide greenhouse gas emissions;
    38    (c)  measures,  as  determined by the department, to limit or preclude
    39  the use of certain chemicals or  substances,  including  hydrofluorocar-
    40  bons,  perfluorinated compounds, sulfur hexafluoride, and nitrous oxide,
    41  that contribute to global climate change when  released  to  the  atmos-
    42  phere, but are not intended for end-use combustion; and
    43    (d) mechanisms to minimize leakage.
    44  § 75-0107. Value of carbon.
    45    1.  No  later  than one year after the effective date of this article,
    46  the department, in consultation with the energy research and development
    47  authority, shall establish a social cost of carbon for use by  New  York
    48  state  agencies, expressed in terms of dollars per ton of carbon dioxide
    49  equivalent.
    50    2. The social cost of carbon shall serve as a monetary estimate of the
    51  value of not emitting a ton of greenhouse gas emissions.  As  determined
    52  by  the  department,  the social cost of carbon may be based on marginal
    53  greenhouse gas abatement costs or on the global economic, environmental,
    54  and social impacts of emitting a marginal ton of  greenhouse  gas  emis-
    55  sions  into  the  atmosphere,  utilizing a range of appropriate discount
    56  rates, including a rate of zero.

        S. 1508                            123                           A. 2008
 
     1    3. In developing the social  cost  of  carbon,  the  department  shall
     2  consider prior or existing estimates of the social cost of carbon issued
     3  or  adopted by the federal government, appropriate international bodies,
     4  or other appropriate and reputable scientific organizations.
     5    § 10. This act shall take effect immediately.
 
     6                                   PART Y
 
     7    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
     8  New York state urban development corporation act, relating to the powers
     9  of the New York state urban development corporation to  make  loans,  as
    10  amended  by  section  1  of part P of chapter 58 of the laws of 2018, is
    11  amended to read as follows:
    12    § 2. This act shall take effect immediately  provided,  however,  that
    13  section  one  of  this act shall expire on July 1, [2019] 2020, at which
    14  time the provisions of subdivision 26 of section 5 of the New York state
    15  urban development corporation act shall be  deemed  repealed;  provided,
    16  however,  that neither the expiration nor the repeal of such subdivision
    17  as provided for herein shall be deemed to affect or impair in any manner
    18  any loan made pursuant to the authority of  such  subdivision  prior  to
    19  such expiration and repeal.
    20    §  2.  This  act  shall take effect immediately and shall be deemed to
    21  have been in full force and effect on and after April 1, 2019.
 
    22                                   PART Z
 
    23    Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
    24  of  the  laws  of 1968 constituting the New York state urban development
    25  corporation act, as amended by section 1 of part O of chapter 58 of  the
    26  laws of 2018, is amended to read as follows:
    27    3.  The  provisions  of this section shall expire, notwithstanding any
    28  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    29  the laws of 1996 or of any other law, on July 1, [2019] 2020.
    30    § 2. This act shall take effect immediately and  shall  be  deemed  to
    31  have been in full force and effect on and after July 1, 2019.
 
    32                                   PART AA
 
    33    Section  1.  Subdivision  2, paragraph (e) of subdivision 7, paragraph
    34  (b) of subdivision 8, subdivision 13, paragraph (e) of  subdivision  15,
    35  subdivisions  16,  19, 21 and 22 of section 310 of the executive law, as
    36  added by chapter 261 of the laws of 1988, paragraph (e) of subdivision 7
    37  and paragraph (e) of subdivision 15 as amended by chapter 22 of the laws
    38  of 2014, subdivision 13 as amended by chapter 506 of the laws  of  2009,
    39  subdivision  16  as  added  by section 3 of part BB of chapter 59 of the
    40  laws of 2006, and subdivisions 19, 21 and 22 as added by chapter 175  of
    41  the  laws of 2010, are amended and a new subdivision 24 is added to read
    42  as follows:
    43    2. "Contracting agency" shall mean a  state  agency  or  state  funded
    44  entity  which  is a party or a proposed party to a state contract or, in
    45  the case of a state contract described in paragraph (c)  of  subdivision
    46  thirteen  of this section, shall mean the New York state housing finance
    47  agency, housing trust fund  corporation  or  affordable  housing  corpo-
    48  ration, whichever has made or proposes to make the grant or loan for the
    49  state assisted housing project.

        S. 1508                            124                           A. 2008
 
     1    (e)  an enterprise owned by an individual or individuals, whose owner-
     2  ship, control and operation are relied upon for  certification,  with  a
     3  personal net worth that does not exceed three million five hundred thou-
     4  sand  dollars,  or  such other amount as the director shall set forth in
     5  regulations,  as adjusted annually on the first of January for inflation
     6  according to the consumer price index of the previous year; and
     7    (b) [Hispanic]  Hispanic/Latino  persons  of  Mexican,  Puerto  Rican,
     8  Dominican, Cuban, Central or South American of either Indian or Hispanic
     9  origin, regardless of race;
    10    13.  "State  contract" shall mean: (a) a written agreement or purchase
    11  order instrument, providing for a total expenditure in excess  of  twen-
    12  ty-five  thousand  dollars, whereby a contracting agency is committed to
    13  expend or does expend or grant  funds  in  return  for  labor,  services
    14  including  but  not  limited  to legal, financial and other professional
    15  services, supplies, equipment, materials or any combination of the fore-
    16  going, to be performed for, on behalf of, or rendered  or  furnished  to
    17  the contracting agency; (b) a written agreement in excess of one hundred
    18  thousand  dollars whereby a contracting agency is committed to expend or
    19  grant or does expend funds for the  acquisition,  construction,  demoli-
    20  tion,  replacement,  major  repair  or  renovation  of real property and
    21  improvements thereon; [and] (c) a written agreement  in  excess  of  one
    22  hundred  thousand  dollars whereby the owner of a state assisted housing
    23  project is committed to expend or does expend funds for the acquisition,
    24  construction, demolition, replacement, major  repair  or  renovation  of
    25  real property and improvements thereon for such project; and (d) a writ-
    26  ten  agreement  or  purchase  order  instrument,  providing  for a total
    27  expenditure in excess of fifty thousand dollars, whereby a  state-funded
    28  entity  is  committed  to expend or does expend funds paid to the state-
    29  funded entity by the state of New York,  including  those  paid  to  the
    30  state-funded  entity  pursuant  to  an appropriation, for any product or
    31  service.
    32    (e) an enterprise owned by an individual or individuals, whose  owner-
    33  ship,  control  and  operation are relied upon for certification, with a
    34  personal net worth that does not exceed three million five hundred thou-
    35  sand dollars, or such other amount as the director shall  set  forth  in
    36  regulations,  as adjusted annually on the first of January for inflation
    37  according to the consumer price index of the previous year; and
    38    16. "Statewide advocate"  shall  mean  the  person  appointed  by  the
    39  [commissioner]  director  to  serve  in the capacity of the minority and
    40  women-owned  business  enterprise  statewide  advocate  and  procurement
    41  ombudsman.
    42    19.  "Personal  net worth" shall mean the aggregate adjusted net value
    43  of the assets of an individual remaining  after  total  liabilities  are
    44  deducted.  Personal  net worth includes the individual's share of assets
    45  held jointly with said individual's spouse  and  does  not  include  the
    46  individual's  ownership  interest  in  the certified minority and women-
    47  owned business enterprise, the individual's [equity in his or her prima-
    48  ry residence] ownership interest in any holding company that leases real
    49  property, machinery, equipment, or vehicles exclusively to the certified
    50  minority or women-owned business enterprise, the  value  of  up  to  two
    51  hundred  percent  of the median value of owner-occupied housing units in
    52  the municipality in which the individual resides, or up to five  hundred
    53  thousand  dollars  of the present cash value of any qualified retirement
    54  savings plan or individual retirement account  held  by  the  individual
    55  less any penalties for early withdrawal.

        S. 1508                            125                           A. 2008
 
     1    21.  "The  [2010]  disparity  study"  shall  refer  to the most recent
     2  disparity study commissioned by the  [empire  state  development  corpo-
     3  ration]  department  of  economic development, pursuant to section three
     4  hundred twelve-a of this article[, and published on  April  twenty-nine,
     5  two thousand ten].
     6    22.  "Diversity  practices"  shall mean the contractor's practices and
     7  policies with respect to:
     8    (a) [utilizing] mentoring certified minority and women-owned  business
     9  enterprises  in  contracts  awarded  by  a  state agency or other public
    10  corporation, as subcontractors and suppliers; [and]
    11    (b) entering  into  partnerships,  joint  ventures  or  other  similar
    12  arrangements  with  certified  minority  and women-owned business enter-
    13  prises as defined in this article or other applicable statute  or  regu-
    14  lation  governing  an  entity's  utilization  of minority or women-owned
    15  business enterprises; and
    16    (c) the representation of minority group members and women as  members
    17  of the board of directors or executive officers of the contractor.
    18    24.  "State-funded  entity"  shall  mean any unit of local government,
    19  including, but not limited to a county, city, town,  village  or  school
    20  district  that  is  paid  pursuant to an appropriation in a state fiscal
    21  year.
    22    § 2. The opening paragraph of subdivision 4  of  section  311  of  the
    23  executive law, as amended by chapter 361 of the laws of 2009, is amended
    24  to read as follows:
    25    The  director [may] shall provide assistance to, and facilitate access
    26  to programs serving [certified businesses as well as applicants] minori-
    27  ty and women-owned business enterprises to ensure that  such  businesses
    28  benefit, as needed, from technical, managerial and financial, and gener-
    29  al  business assistance; training; marketing; organization and personnel
    30  skill development; project management assistance; technology assistance;
    31  bond and insurance education assistance; and other business  development
    32  assistance.  The  director  shall  maintain  a  toll-free  number at the
    33  department of economic  development  to  be  used  to  answer  questions
    34  concerning  the  MWBE  certification  process. In addition, the director
    35  may, either independently or in conjunction with other state agencies:
    36    § 3. Section 311-a of the executive law, as added by section 4 of part
    37  BB of chapter 59 of the laws of 2006, is amended to read as follows:
    38    § 311-a. Minority and women-owned business enterprise statewide  advo-
    39  cate.  1. There is hereby established within the [department of economic
    40  development] division of minority and women's business an office of  the
    41  minority  and  women-owned  business  enterprise statewide advocate. The
    42  statewide advocate shall be appointed  by  the  commissioner  [with  the
    43  advice  of  the  small business advisory board as established in section
    44  one hundred thirty-three of the economic development law and shall serve
    45  in the unclassified service of  the  director.  The  statewide  advocate
    46  shall  be  located  in  the  Albany  empire state development office] in
    47  consultation with the director.
    48    2. The advocate shall act as a liaison for  minority  and  women-owned
    49  business  enterprises  (MWBEs)  to  assist  them in obtaining technical,
    50  managerial, financial and other business assistance for certified  busi-
    51  nesses  and  applicants.  The  advocate  shall  receive  and investigate
    52  complaints brought by or on behalf  of  MWBEs  concerning  certification
    53  delays  and  instances  of  violations of [law] the requirements of this
    54  article by contractors and by state agencies.  [The  statewide  advocate
    55  shall  assist  certified  businesses and applicants in the certification
    56  process.] Other functions of the statewide advocate shall be directed by

        S. 1508                            126                           A. 2008
 
     1  the commissioner. The advocate shall have  the  resources  necessary  to
     2  perform  its  functions,  and, as such, may request and the director may
     3  appoint staff and employees of the division of minority and women  busi-
     4  ness  development  to  support  the  administration of the office of the
     5  statewide advocate.
     6    3. The statewide advocate [shall establish a toll-free number  at  the
     7  department  of  economic  development  to  be  used  to answer questions
     8  concerning the MWBE certification process] shall conduct periodic audits
     9  of state agencies' compliance with the  requirements  of  section  three
    10  hundred  fifteen  of this article, such audits shall include a review of
    11  the books and records of state agencies concerning, among other  things,
    12  annual  agency expenditures, annual participation of minority and women-
    13  owned business enterprises as prime contractors  and  subcontractors  in
    14  state  agencies'  state  contracts, and documentation of state agencies'
    15  good faith efforts to maximize minority and women-owned business  enter-
    16  prise participation in such agencies' contracting.
    17    4.  The  statewide  advocate shall investigate complaints by minority-
    18  owned business enterprises or women-owned business  enterprises,  certi-
    19  fied  as  such by the division of minority and women's business develop-
    20  ment, to the minority  and  women-owned  business  enterprise  statewide
    21  advocate  concerning a procuring governmental entity's failure to comply
    22  with the requirements of section three hundred fifteen of this article.
    23    5. The statewide advocate shall report to the director and commission-
    24  er by November fifteenth on an annual basis on all activities related to
    25  fulfilling the obligations of the office of the statewide advocate. [The
    26  commissioner shall include the unedited text of the statewide advocate's
    27  report within the reports submitted by the department of economic devel-
    28  opment to the governor and the legislature.]
    29    § 4. Section 312-a of the executive law, as amended by  section  1  of
    30  part Q of chapter 58 of the laws of 2015, is amended to read as follows:
    31    §  312-a.  Study  of  minority  and  women-owned  business [enterprise
    32  programs] enterprises. 1. The director of the division of  minority  and
    33  women-owned business development [in the department of economic develop-
    34  ment]  is  authorized and directed to recommission a statewide disparity
    35  study regarding the participation of minority and  women-owned  business
    36  enterprises in state contracts since the amendment of this article to be
    37  delivered  to  the  governor  and  legislature  [no  later  than  August
    38  fifteenth, two thousand sixteen]. The study  shall  be  prepared  by  an
    39  entity  independent of the department and selected through a request for
    40  proposal process. The purpose of such study is:
    41    (a) to determine whether there is a disparity between  the  number  of
    42  qualified minority and women-owned businesses ready, willing and able to
    43  perform  state contracts for commodities, services and construction, and
    44  the  number  of  such  contractors  actually  engaged  to  perform  such
    45  contracts,  and  to  determine  what  changes, if any, should be made to
    46  state policies affecting minority and women-owned business  enterprises;
    47  and  (b) to determine whether there is a disparity between the number of
    48  qualified minorities and women ready, willing and able, with respect  to
    49  labor markets, qualifications and other relevant factors, to participate
    50  in  contractor  employment, management level bodies, including boards of
    51  directors, and as senior executive officers within contracting  entities
    52  and  the  number  of  such group members actually employed or affiliated
    53  with state contractors in the aforementioned capacities, and  to  deter-
    54  mine  what  changes,  if any, should be made to state policies affecting
    55  minority and women group populations with regard to  state  contractors'
    56  employment  and appointment practices relative to diverse group members.

        S. 1508                            127                           A. 2008
 
     1  Such study shall include, but not be limited  to,  an  analysis  of  the
     2  history  of  minority  and  women-owned business enterprise programs and
     3  their effectiveness as a means of securing and ensuring participation by
     4  minorities and women, and a disparity analysis by market area and region
     5  of  the  state.  Such  study  shall  distinguish between minority males,
     6  minority females and non-minority females in the statistical analysis.
     7    2. The director of the division of minority and  women-owned  business
     8  development  is directed to transmit the disparity study to the governor
     9  and the legislature [not  later  than  August  fifteenth,  two  thousand
    10  sixteen],  and  to  post  the  study on the website of the department of
    11  economic development.
    12    § 5. Section 313 of the executive law, as amended by  chapter  175  of
    13  the laws of 2010, is amended to read as follows:
    14    § 313. Opportunities  for  minority  and  women-owned  business enter-
    15  prises. 1. Goals and requirements for agencies and  contractors.    Each
    16  agency shall structure procurement procedures for contracts made direct-
    17  ly  or  indirectly  to minority and women-owned business enterprises, in
    18  accordance with the findings of  the  [two  thousand  ten]  most  recent
    19  disparity  study,  consistent  with  the  purposes  of  this article, to
    20  attempt to achieve [the following results with regard to]  total  annual
    21  statewide procurement[:
    22    (a) construction industry for certified minority-owned business enter-
    23  prises: fourteen and thirty-four hundredths percent;
    24    (b)  construction  industry  for certified women-owned business enter-
    25  prises: eight and forty-one hundredths percent;
    26    (c) construction related professional services industry for  certified
    27  minority-owned  business enterprises: thirteen and twenty-one hundredths
    28  percent;
    29    (d) construction related professional services industry for  certified
    30  women-owned  business  enterprises:  eleven  and  thirty-two  hundredths
    31  percent;
    32    (e) non-construction related services industry for  certified  minori-
    33  ty-owned business enterprises: nineteen and sixty hundredths percent;
    34    (f)  non-construction  related  services industry for certified women-
    35  owned business enterprises: seventeen and forty-four hundredths percent;
    36    (g) commodities industry for certified minority-owned business  enter-
    37  prises: sixteen and eleven hundredths percent;
    38    (h)  commodities  industry  for  certified women-owned business enter-
    39  prises:  ten and ninety-three hundredths percent;
    40    (i) overall agency total dollar value  of  procurement  for  certified
    41  minority-owned  business enterprises: sixteen and fifty-three hundredths
    42  percent;
    43    (j) overall agency total dollar value  of  procurement  for  certified
    44  women-owned  business  enterprises:  twelve  and  thirty-nine hundredths
    45  percent; and
    46    (k) overall agency total dollar value  of  procurement  for  certified
    47  minority,  women-owned business enterprises: twenty-eight and ninety-two
    48  hundredths percent] goals as specified by the director.
    49    1-a. The director  shall  ensure  that  each  state  agency  has  been
    50  provided with [a] an electric copy of the [two thousand ten] most recent
    51  disparity study.
    52    1-b.  Each  agency shall develop and adopt agency-specific goals based
    53  on the findings of the [two thousand ten] most recent disparity study.
    54    2. The director shall promulgate rules and regulations  [pursuant  to]
    55  based  on  the  [goals  established  in subdivision one of this section]
    56  findings of the most recent disparity study that  provide  measures  and

        S. 1508                            128                           A. 2008
 
     1  procedures  to ensure that certified minority and women-owned businesses
     2  shall be given the opportunity for maximum feasible participation in the
     3  performance of state contracts and to assist in the agency's identifica-
     4  tion  of those state contracts for which minority and women-owned certi-
     5  fied businesses may best bid to actively and affirmatively  promote  and
     6  assist  their participation in the performance of state contracts [so as
     7  to facilitate the agency's achievement of the maximum  feasible  portion
     8  of the goals for state contracts to such businesses].
     9    2-a.  The  director  shall  promulgate rules and regulations that will
    10  accomplish the following:
    11    (a) provide for the certification and decertification of minority  and
    12  women-owned business enterprises for all agencies through a single proc-
    13  ess that meets applicable requirements;
    14    (b) require that each contract solicitation document accompanying each
    15  solicitation  set  forth the expected degree of minority and women-owned
    16  business enterprise participation based, in part, on:
    17    (i) the potential subcontract opportunities  available  in  the  prime
    18  procurement contract; [and]
    19    (ii)  the  availability[, as contained within the study,] of certified
    20  minority and women-owned business enterprises to  respond  competitively
    21  to  the  potential  subcontract  opportunities as reflected in the divi-
    22  sion's directory of certified minority and women-owned  business  enter-
    23  prises; and
    24    (iii) the findings of the disparity study;
    25    (c)  require  that  each  agency  provide  a current list of certified
    26  minority business enterprises to each prospective contractor  or  direct
    27  them  to  the division's directory of certified minority and women-owned
    28  business enterprises for such purpose;
    29    (d) allow a contractor that is a certified  minority-owned  or  women-
    30  owned  business  enterprise to use the work it performs to meet require-
    31  ments for use of certified minority-owned or women-owned business enter-
    32  prises as subcontractors;
    33    (e) establish criteria for agencies to  credit  the  participation  of
    34  minority and women-owned business enterprises towards the achievement of
    35  the  minority and women-owned business enterprise participation goals on
    36  a state contract based on the commercially useful function  provided  by
    37  each minority and women-owned business enterprise on the contract;
    38    (f)  provide for joint ventures, which a bidder may count toward meet-
    39  ing its minority and women-owned business enterprise participation;
    40    [(f)] (g) consistent with subdivision six of this section, provide for
    41  circumstances under which an agency or  state-funded  entity  may  waive
    42  obligations of the contractor relating to minority and women-owned busi-
    43  ness enterprise participation;
    44    [(g)]  (h)  require  that an agency or state-funded entity verify that
    45  minority and women-owned business enterprises listed in a successful bid
    46  are actually participating to the extent listed in the project for which
    47  the bid was submitted;
    48    [(h)] (i) provide for the collection of statistical data by each agen-
    49  cy or state-funded entity concerning  actual  minority  and  women-owned
    50  business enterprise participation; [and
    51    (i)]  (j)  require  each  agency to consult the most current disparity
    52  study when calculating [agency-wide and contract specific] participation
    53  goals pursuant to this article; and
    54    (k) provide for the periodic collection of reports  from  state-funded
    55  entities in such form and at such time as the director shall require.

        S. 1508                            129                           A. 2008
 
     1    3.  Solely for the purpose of providing the opportunity for meaningful
     2  participation by  certified  businesses  in  the  performance  of  state
     3  contracts  as  provided  in  this section, state contracts shall include
     4  leases of real property by a state agency to a lessee where:  the  terms
     5  of  such  leases  provide for the construction, demolition, replacement,
     6  major repair or renovation of real property and improvements thereon  by
     7  such lessee; and the cost of such construction, demolition, replacement,
     8  major  repair  or  renovation  of real property and improvements thereon
     9  shall exceed the sum of one hundred thousand  dollars.  Reports  to  the
    10  director pursuant to section three hundred fifteen of this article shall
    11  include activities with respect to all such state contracts. Contracting
    12  agencies  shall  include or require to be included with respect to state
    13  contracts for the acquisition,  construction,  demolition,  replacement,
    14  major  repair  or  renovation of real property and improvements thereon,
    15  such provisions as may be necessary to effectuate the provisions of this
    16  section in every bid specification and state  contract,  including,  but
    17  not  limited  to:  (a)  provisions  requiring contractors to make a good
    18  faith effort to solicit active participation by  enterprises  identified
    19  in  the  directory  of certified businesses [provided to the contracting
    20  agency by the office]; (b) requiring the parties to agree as a condition
    21  of entering into such contract, to be bound by the provisions of section
    22  three hundred sixteen of this article; and (c) requiring the  contractor
    23  to  include  the  provisions set forth in paragraphs (a) and (b) of this
    24  subdivision in every subcontract in a manner that the provisions will be
    25  binding upon each subcontractor as  to  work  in  connection  with  such
    26  contract.  Provided,  however,  that no such provisions shall be binding
    27  upon contractors or subcontractors in the performance  of  work  or  the
    28  provision  of services that are unrelated, separate or distinct from the
    29  state contract as expressed by its terms, and nothing  in  this  section
    30  shall  authorize  the  director  or any contracting agency to impose any
    31  requirement on a contractor or subcontractor except with  respect  to  a
    32  state contract.
    33    4. In the implementation of this section, the contracting agency shall
    34  (a) consult the findings contained within the disparity study evidencing
    35  relevant   industry  specific  [availability  of  certified  businesses]
    36  disparities in the utilization of minority  and  women-owned  businesses
    37  relative to their availability;
    38    (b)  implement  a program that will enable the agency to evaluate each
    39  contract to determine the  [appropriateness  of  the]  appropriate  goal
    40  [pursuant  to  subdivision  one  of  this  section] for participation by
    41  minority-owned   business   enterprises   and    women-owned    business
    42  enterprises;
    43    (c)  consider  where  practicable,  the  severability  of construction
    44  projects and other bundled contracts; and
    45    (d) consider compliance with  the  requirements  of  any  federal  law
    46  concerning  opportunities  for  minority and women-owned business enter-
    47  prises which effectuates the purpose of this  section.  The  contracting
    48  agency shall determine whether the imposition of the requirements of any
    49  such  law  duplicate  or conflict with the provisions hereof and if such
    50  duplication or conflict exists, the contracting agency shall  waive  the
    51  applicability  of  this  section  to  the  extent of such duplication or
    52  conflict.
    53    5. (a) Contracting agencies shall administer the rules and regulations
    54  promulgated by the director in a good faith effort to [meet] achieve the
    55  maximum feasible [portion of the agency's goals] participation by minor-
    56  ity and women owned business enterprises adopted pursuant to this  arti-

        S. 1508                            130                           A. 2008

     1  cle  and  the  regulations  of the director. Such rules and regulations:
     2  shall require a contractor to submit a utilization plan after  bids  are
     3  opened,  when  bids  are  required,  but  prior  to the award of a state
     4  contract; shall require the contracting agency to review the utilization
     5  plan  submitted  by  the contractor and to post the utilization plan and
     6  any waivers of compliance issued pursuant to  subdivision  six  of  this
     7  section  on  the  website  of the contracting agency within a reasonable
     8  period of time  as  established  by  the  director;  shall  require  the
     9  contracting  agency  to notify the contractor in writing within a period
    10  of time specified by the director as to any  deficiencies  contained  in
    11  the contractor's utilization plan; shall require remedy thereof within a
    12  period  of  time specified by the director; shall require the contractor
    13  to submit periodic compliance reports  relating  to  the  operation  and
    14  implementation  of  any  utilization plan; shall not allow any automatic
    15  waivers but shall allow a contractor to apply for  a  partial  or  total
    16  waiver of the minority and women-owned business enterprise participation
    17  requirements  pursuant  to  subdivisions  six and seven of this section;
    18  shall allow a contractor to file a complaint with the director  pursuant
    19  to  subdivision  eight of this section in the event a contracting agency
    20  has failed or refused to issue a waiver of the minority and  women-owned
    21  business  enterprise  participation  requirements  or  has  denied  such
    22  request for a waiver; and shall allow a contracting  agency  to  file  a
    23  complaint with the director pursuant to subdivision nine of this section
    24  in  the  event  a contractor is failing or has failed to comply with the
    25  minority and women-owned business enterprise participation  requirements
    26  set forth in the state contract where no waiver has been granted.
    27    (b) The rules and regulations promulgated pursuant to this subdivision
    28  regarding  a  utilization plan shall provide that where enterprises have
    29  been identified within a utilization plan, a contractor  shall  attempt,
    30  in  good  faith, to utilize such enterprise at least to the extent indi-
    31  cated. A contracting agency may require a contractor to indicate, within
    32  a utilization plan, what measures and procedures he or  she  intends  to
    33  take to comply with the provisions of this article, but may not require,
    34  as  a  condition  of  award  of,  or  compliance with, a contract that a
    35  contractor  utilize  a  particular  enterprise  in  performance  of  the
    36  contract.
    37    (c) Without limiting other grounds for the disqualification of bids or
    38  proposals  on  the basis of non-responsibility, a contracting agency may
    39  disqualify the bid or proposal of a contractor as being  non-responsible
    40  for  failure  to  remedy notified deficiencies contained in the contrac-
    41  tor's utilization plan within a period of time specified in  regulations
    42  promulgated  by  the director after receiving notification of such defi-
    43  ciencies from the contracting agency. Where failure to remedy any  noti-
    44  fied  deficiency  in  the utilization plan is a ground for disqualifica-
    45  tion, that issue and all other grounds  for  disqualification  shall  be
    46  stated in writing by the contracting agency. Where the contracting agen-
    47  cy states that a failure to remedy any notified deficiency in the utili-
    48  zation  plan  is  a  ground for disqualification the contractor shall be
    49  entitled to an  administrative  hearing,  on  a  record,  involving  all
    50  grounds  stated  by  the  contracting  agency.  Such  hearing  shall  be
    51  conducted by the appropriate authority  of  the  contracting  agency  to
    52  review  the  determination  of  disqualification. A final administrative
    53  determination made following such  hearing  shall  be  reviewable  in  a
    54  proceeding  commenced  under article seventy-eight of the civil practice
    55  law and rules, provided that such proceeding is commenced within  thirty
    56  days  of  the  notice  given  by certified mail return receipt requested

        S. 1508                            131                           A. 2008
 
     1  rendering such final administrative determination. Such proceeding shall
     2  be commenced in the supreme court, appellate division, third  department
     3  and  such  proceeding  shall  be  preferred  over all other civil causes
     4  except  election causes, and shall be heard and determined in preference
     5  to all other civil business pending therein,  except  election  matters,
     6  irrespective  of position on the calendar. Appeals taken to the court of
     7  appeals of the state of New York shall be subject to  the  same  prefer-
     8  ence.
     9    6.  Where  it  appears  that  a  contractor cannot, after a good faith
    10  effort, comply with the minority  and  women-owned  business  enterprise
    11  participation  requirements  set forth in a particular state contract, a
    12  contractor may file a written application with  the  contracting  agency
    13  requesting  a partial or total waiver of such requirements setting forth
    14  the reasons for such contractor's inability to meet any or  all  of  the
    15  participation  requirements  together with an explanation of the efforts
    16  undertaken by the contractor to obtain the required minority and  women-
    17  owned  business enterprise participation. In implementing the provisions
    18  of this section, the contracting agency shall consider  the  number  and
    19  types  of minority and women-owned business enterprises [located] avail-
    20  able to provide goals or services required under  the  contract  in  the
    21  region  in which the state contract is to be performed, the total dollar
    22  value of the state contract, the scope of work to be performed  and  the
    23  project size and term. If, based on such considerations, the contracting
    24  agency  determines there is not a reasonable availability of contractors
    25  on the list of certified business to furnish services for  the  project,
    26  it  shall issue a waiver of compliance to the contractor. In making such
    27  determination, the contracting agency shall first  consider  the  avail-
    28  ability  of  other  business enterprises located in the region and shall
    29  thereafter consider the financial ability of  minority  and  women-owned
    30  businesses  located  outside  the  region in which the contract is to be
    31  performed to perform the state contract.
    32    7. For purposes of determining a contractor's  good  faith  effort  to
    33  comply  with  the  requirements  of  this section or to be entitled to a
    34  waiver therefrom the contracting  agency  shall  consider,  among  other
    35  things:
    36    (a)  whether  the  contractor  has  advertised  in general circulation
    37  media, trade association publications, and minority-focus and  women-fo-
    38  cus media or other forms of advertisement and, in such event, (i) wheth-
    39  er  or  not certified minority or women-owned businesses which have been
    40  solicited by the contractor exhibited interest in  submitting  proposals
    41  for a particular project by communication or other form of contract with
    42  the  contractor  or attending a pre-bid conference, if any, scheduled by
    43  the state agency awarding the state contract with certified minority and
    44  women-owned business enterprises; and
    45    (ii) whether certified businesses which have  been  solicited  by  the
    46  contractor have responded in a timely fashion to the contractor's solic-
    47  itations  for timely competitive bid quotations prior to the contracting
    48  agency's bid date; and
    49    (b) whether [there has been] the contractor  provided  timely  written
    50  notification  of  subcontracting  opportunities on the state contract to
    51  appropriate certified businesses that appear in the directory of  certi-
    52  fied  businesses prepared pursuant to paragraph (f) of subdivision three
    53  of section three hundred eleven of this article; and
    54    (c) whether the contractor can reasonably structure the amount of work
    55  to be performed under subcontracts in order to increase  the  likelihood
    56  of participation by certified businesses.

        S. 1508                            132                           A. 2008
 
     1    8.  In the event that a contracting agency fails or refuses to issue a
     2  waiver to a contractor as requested within twenty days after having made
     3  application therefor pursuant to subdivision six of this section  or  if
     4  the contracting agency denies such application, in whole or in part, the
     5  contractor  may  file  a complaint with the director pursuant to section
     6  three hundred sixteen of  this  article  setting  forth  the  facts  and
     7  circumstances  giving rise to the contractor's complaint together with a
     8  demand for relief. The contractor shall serve a copy of  such  complaint
     9  upon  the  contracting  agency by personal service or by certified mail,
    10  return receipt requested. The contracting agency shall  be  afforded  an
    11  opportunity to respond to such complaint in writing.
    12    9.  If,  after the review of a contractor's minority and [women owned]
    13  women-owned business utilization plan or review of a periodic compliance
    14  report and after such contractor has been  afforded  an  opportunity  to
    15  respond  to  a  notice of deficiency issued by the contracting agency in
    16  connection therewith, it appears that a contractor is failing or  refus-
    17  ing  to  comply with the minority and women-owned business participation
    18  requirements as set forth in the state contract and where no waiver from
    19  such requirements has been granted, the contracting agency  may  file  a
    20  written  complaint  with  the director pursuant to section three hundred
    21  sixteen of this article setting forth the facts and circumstances giving
    22  rise to the contracting agency's complaint together with  a  demand  for
    23  relief.    The  contracting  agency shall serve a copy of such complaint
    24  upon the contractor by personal service or  by  certified  mail,  return
    25  receipt  requested.  The  contractor shall be afforded an opportunity to
    26  respond to such complaint in writing.
    27    § 6. Section 314 of the executive law, as added by chapter 216 of  the
    28  laws  of  1988, subdivision 2-a as amended by chapter 175 of the laws of
    29  2010, subdivision 2-b as added by chapter  409  of  the  laws  of  2018,
    30  subdivision  4  as  amended and subdivision 5 as added by chapter 399 of
    31  the laws of 2014, is amended to read as follows:
    32    § 314. Statewide certification program. 1. The director shall  promul-
    33  gate  rules  and regulations providing for the establishment of a state-
    34  wide certification program including rules and regulations governing the
    35  approval, denial or revocation of any such certification including revo-
    36  cations for felony  convictions  for  fraudulently  misrepresenting  the
    37  status of minority or women-owned business enterprises. Such rules shall
    38  set  forth  the maximum personal net worth of a minority group member or
    39  woman who may be relied upon to certify a business as  a  minority-owned
    40  business  enterprise  or women-owned business enterprise, and may estab-
    41  lish different maximum levels of personal net worth for  minority  group
    42  members  and  women on an industry-by-industry basis for such industries
    43  as the director  shall  determine.  Such  rules  and  regulations  shall
    44  include,  but  not  be  limited  to,  such matters as may be required to
    45  ensure that the established procedures thereunder shall at least  be  in
    46  compliance  with  the code of fair procedure set forth in section seven-
    47  ty-three of the civil rights law and consistent with the  provisions  of
    48  article twenty-three of the correction law.
    49    2.  For  the purposes of this article, the office shall be responsible
    50  for verifying businesses as being owned,  operated,  and  controlled  by
    51  minority  group  members or women and for certifying such verified busi-
    52  nesses. The director shall prepare a directory of  certified  businesses
    53  for  use  by  contracting  agencies  and contractors in carrying out the
    54  provisions of this article. The director shall periodically  update  the
    55  directory.

        S. 1508                            133                           A. 2008
 
     1    2-a.  (a) The director shall establish a procedure enabling the office
     2  to accept New York municipal corporation certification verification  for
     3  minority  and  women-owned  business  enterprise  applicants  in lieu of
     4  requiring the applicant to complete the state certification process. The
     5  director  shall  promulgate  rules and regulations to set forth criteria
     6  for the acceptance of municipal corporation certification. All  eligible
     7  municipal  corporation certifications shall require business enterprises
     8  seeking certification to meet the following standards:
     9    (i) have at least fifty-one percent  ownership  by  a  minority  or  a
    10  women-owned  enterprise and be owned by United States citizens or perma-
    11  nent resident aliens;
    12    (ii) be an enterprise in which  the  minority  and/or  women-ownership
    13  interest is real, substantial and continuing;
    14    (iii)  be  an  enterprise in which the minority and/or women-ownership
    15  has and exercises the authority to control independently the  day-to-day
    16  business decisions of the enterprise;
    17    (iv) be an enterprise authorized to do business in this state;
    18    (v)  be  subject to a physical site inspection to verify the fifty-one
    19  percent ownership requirement;
    20    (vi) be owned  by  an  individual  or  individuals,  whose  ownership,
    21  control and operation are relied upon for certification, with a personal
    22  net  worth  that  does  not  exceed  three million five hundred thousand
    23  dollars or such other amount as the director shall set  forth  in  regu-
    24  lations,  as  adjusted  annually for inflation according to the consumer
    25  price index; and
    26    (vii) be an enterprise that is a small business pursuant  to  subdivi-
    27  sion twenty of section three hundred ten of this article.
    28    (b)  The director shall work with all municipal corporations that have
    29  a municipal minority and  women-owned  business  enterprise  program  to
    30  develop  standards  to  accept state certification to meet the municipal
    31  corporation minority and women-owned business  enterprise  certification
    32  standards.
    33    (c)  The director shall establish a procedure enabling the division to
    34  accept federal certification verification for minority  and  women-owned
    35  business  enterprise  applicants,  provided  said standards comport with
    36  those required by the state minority and women-owned  business  program,
    37  in  lieu  of requiring the applicant to complete the state certification
    38  process. The director shall promulgate  rules  and  regulations  to  set
    39  forth criteria for the acceptance of federal certification.
    40    2-b.  The  director  shall establish a procedure enabling an applicant
    41  who was a military service member to prove his or her race or ethnicity,
    42  date of birth, place of birth and verification of address  for  purposes
    43  of  certification  of the applicant's business as a minority-owned busi-
    44  ness by submission of the DD Form 214 issued to  the  applicant  by  the
    45  United  States  department  of defense upon such applicant's retirement,
    46  separation, or discharge from active duty in the  armed  forces  of  the
    47  United  States,  provided  the DD Form 214 contains such information, in
    48  lieu of requiring the applicant to otherwise prove his or  her  race  or
    49  ethnicity.  The  director  shall promulgate rules and regulations to set
    50  forth criteria for the acceptance of the DD Form 214 by the office.
    51    2-c.  (a) Each business applying for minority or women-owned  business
    52  enterprise  certification  pursuant to this section must agree to allow:
    53  (i) the department of taxation and finance to share its tax  information
    54  with the division; and (ii) the department of labor to share its tax and
    55  employer information with the division.

        S. 1508                            134                           A. 2008
 
     1    (b) Such information provided pursuant to paragraph (a) of this subdi-
     2  vision shall be kept confidential by the division in the same manner and
     3  under  the  same condition as such information is kept by the department
     4  of taxation and finance or the department of labor.
     5    3.  Following  application for certification pursuant to this section,
     6  the director shall provide the applicant  with  written  notice  of  the
     7  status of the application, including notice of any outstanding deficien-
     8  cies[,  within thirty days]. Within [sixty] thirty days of submission of
     9  a final completed application, the director shall provide the  applicant
    10  with  written notice of a determination by the office approving or deny-
    11  ing such certification and, in the event of a denial a statement setting
    12  forth the reasons for such  denial.  Upon  a  determination  denying  or
    13  revoking  certification, the business enterprise for which certification
    14  has been so denied or revoked shall, upon written  request  made  within
    15  thirty days from receipt of notice of such determination, be entitled to
    16  a  hearing  before  an  independent  hearing officer designated for such
    17  purpose by the director. In the event that a request for  a  hearing  is
    18  not  made  within  such  thirty  day period, such determination shall be
    19  deemed to be final.   The independent hearing officer  shall  conduct  a
    20  hearing  and upon the conclusion of such hearing, issue a written recom-
    21  mendation to the director to affirm, reverse  or  modify  such  determi-
    22  nation  of  the director. Such written recommendation shall be issued to
    23  the parties.  The director, within thirty days, by order,  must  accept,
    24  reject  or  modify  such  recommendation  of the hearing officer and set
    25  forth in writing the reasons therefor. The director shall serve  a  copy
    26  of  such  order  and  reasons  therefor  upon the business enterprise by
    27  personal service or by certified  mail  return  receipt  requested.  The
    28  order  of  the  director  shall be subject to review pursuant to article
    29  seventy-eight of the civil practice law and rules.
    30    4. The director may, after performing  an  availability  analysis  and
    31  upon  a finding that industry-specific factors coupled with personal net
    32  worth or small business eligibility requirements  pursuant  to  subdivi-
    33  sions  nineteen and twenty of section three hundred ten of this article,
    34  respectively, have led to the significant exclusion of businesses  owned
    35  by  minority  group members or women in that industry, grant provisional
    36  MWBE certification status to applicants from that  designated  industry,
    37  provided,  however,  that all other eligibility requirements pursuant to
    38  subdivision seven or fifteen of section three hundred ten of this  arti-
    39  cle, as applicable, are satisfied. Any industry-based determination made
    40  under this section by the director shall be made widely available to the
    41  public and posted on the division's website.
    42    5.  With  the exception of provisional MWBE certification, as provided
    43  for in subdivision twenty-three of section three  hundred  ten  of  this
    44  article, all minority and women-owned business enterprise certifications
    45  shall be valid for a period of three years.
    46    §  7. Section 315 of the executive law, as added by chapter 261 of the
    47  laws of 1988, subdivision 3 as amended and subdivisions 4, 5, 6,  and  7
    48  as  added  by  chapter  175  of  the laws of 2010, is amended to read as
    49  follows:
    50    § 315. Responsibilities of contracting agencies. 1.  Each  contracting
    51  agency  shall  be  responsible  for monitoring state contracts under its
    52  jurisdiction, and recommending matters to the office respecting non-com-
    53  pliance with the provisions of this article so that the office may  take
    54  such  action  as is appropriate to insure compliance with the provisions
    55  of this article, the rules and regulations of the director issued  here-
    56  under  and the contractual provisions required pursuant to this article.

        S. 1508                            135                           A. 2008
 
     1  All contracting agencies shall comply with the rules and regulations  of
     2  the  office and are directed to cooperate with the office and to furnish
     3  to the office such information and assistance as may be required in  the
     4  performance of its functions under this article.
     5    2.  [Each  contracting  agency  shall provide to prospective bidders a
     6  current copy of the directory of certified businesses, and a copy of the
     7  regulations required pursuant to sections three hundred twelve and three
     8  hundred thirteen of this article at  the  time  bids  or  proposals  are
     9  solicited.
    10    3.]  Each contracting agency shall report to the director with respect
    11  to activities undertaken to promote employment of minority group members
    12  and women and promote and increase participation by certified businesses
    13  with respect to state contracts and subcontracts. Such reports shall  be
    14  submitted  periodically,  but  not  less  frequently  than  annually, as
    15  required by the director, and  shall  include  such  information  as  is
    16  necessary  for  the director to determine whether the contracting agency
    17  and any contractor to the contracting  agency  have  complied  with  the
    18  purposes  of  this  article, including, without limitation, a summary of
    19  all waivers of the requirements of subdivisions six and seven of section
    20  three hundred thirteen of this article allowed by the contracting agency
    21  during the period covered by the report, [including a description of the
    22  basis of the waiver request and the  rationale  for  granting  any  such
    23  waiver]  any  instances  in  which  the  contracting agency has deemed a
    24  contractor to have committed  a  violation  pursuant  to  section  three
    25  hundred sixteen of this article and such other information as the direc-
    26  tor  shall require. Each agency shall also include in such annual report
    27  whether or not it has been required to prepare a remedial plan, and,  if
    28  so,  the  plan and the extent to which the agency has complied with each
    29  element of the plan.
    30    [4.] 3. The division of  minority  and  women's  business  development
    31  shall  issue an annual report which: (a) summarizes the report submitted
    32  by each contracting agency pursuant to subdivision [three] two  of  this
    33  section;  (b)  contains  such  comparative  or  other information as the
    34  director deems appropriate, including but not limited to goals  compared
    35  to actual participation of minority and women-owned business enterprises
    36  in  state  contracting,  to evaluate the effectiveness of the activities
    37  undertaken by each such contracting agency to promote increased  partic-
    38  ipation  by certified minority or women-owned businesses with respect to
    39  state contracts and subcontracts; (c) contains a summary of all  waivers
    40  of  the  requirements  of  subdivisions  six  and seven of section three
    41  hundred thirteen of this article  allowed  by  each  contracting  agency
    42  during the period covered by the report, [including a description of the
    43  basis  of  the waiver request and the contracting agency's rationale for
    44  granting any such waiver] and; (d) [describes any efforts  to  create  a
    45  database  or  other  information storage and retrieval system containing
    46  information relevant to contracting with minority and women-owned  busi-
    47  ness  enterprises; and (e)] contains a summary of (i) all determinations
    48  of violations of this article by a contractor or  a  contracting  agency
    49  made  during the period covered by the annual report pursuant to section
    50  three hundred sixteen-a of this article and (ii) the penalties or  sanc-
    51  tions,  if  any, assessed in connection with such determinations and the
    52  rationale for such penalties or sanctions. Copies of the  annual  report
    53  shall  be  provided  to the commissioner, the governor, the comptroller,
    54  the temporary president of the senate, the speaker of the assembly,  the
    55  minority  leader  of the senate, the minority leader of the assembly and
    56  shall also be made widely available  to  the  public  via,  among  other

        S. 1508                            136                           A. 2008
 
     1  things,  publication on a website maintained by the division of minority
     2  and women's business development.
     3    [5.] 4. Each agency shall include in its annual report to the governor
     4  and legislature pursuant to section one hundred sixty-four of [the exec-
     5  utive  law]  this  chapter its annual goals for contracts with minority-
     6  owned  and  women-owned  business  enterprises,  the  number  of  actual
     7  contracts issued to minority-owned and women-owned business enterprises;
     8  and a summary of all waivers of the requirements of subdivisions six and
     9  seven  of  section three hundred thirteen of this article allowed by the
    10  reporting agency during the preceding year, including a  description  of
    11  the  basis  of  the  waiver  request and the rationale for granting such
    12  waiver. Each agency shall also include in such annual report whether  or
    13  not  it  has  been  required to prepare a remedial plan, and, if so, the
    14  plan and the extent to which the agency has complied with  each  element
    15  of the plan.
    16    [6.]  5. Each contracting agency that substantially fails to [meet the
    17  goals supported by the disparity  study,]  make  good  faith  effort  as
    18  defined  by  regulation of the director, to achieve the maximum feasible
    19  participation of minority and women-owned business enterprises  in  such
    20  agency's contracting shall be required to submit to the director a reme-
    21  dial action plan to remedy such failure.
    22    [7.] 6. If it is determined by the director that any agency has failed
    23  to  act in good faith to implement the remedial action plan, pursuant to
    24  subdivision [six] five of this section within  one  year,  the  director
    25  shall  provide written notice of such a finding, which shall be publicly
    26  available, and direct implementation of remedial actions to:
    27    (a) assure that sufficient and effective solicitation efforts to women
    28  and minority-owned business enterprises are being made by said agency;
    29    (b) divide contract requirements,  when  economically  feasible,  into
    30  quantities  that  will  expand  the participation of women and minority-
    31  owned business enterprises;
    32    (c) eliminate extended experience or capitalization requirements, when
    33  programmatically and economically feasible,  that  will  expand  partic-
    34  ipation by women and minority-owned business enterprises;
    35    (d) identify specific proposed contracts as particularly attractive or
    36  appropriate  for  participation  by  women  and  minority-owned business
    37  enterprises with such identification to result from and be coupled  with
    38  the efforts of paragraphs (a), (b), and (c) of this subdivision; and
    39    (e)  upon  a finding by the director that an agency has failed to take
    40  affirmative measures to implement the remedial plan and to follow any of
    41  the remedial actions set forth by the director, and in  the  absence  of
    42  any  objective  progress towards the agency's goals, require some or all
    43  of the agency's procurement, for a specified period of time,  be  placed
    44  under the direction and control of another agency or agencies.
    45    §  8.  Section  316-a of the executive law, as added by chapter 175 of
    46  the laws of 2010, is amended to read as follows:
    47    § 316-a. Prohibitions  in  contracts;  violations.  Every  contracting
    48  agency  shall  include  a  provision  in  its  state contracts expressly
    49  providing that any contractor who willfully and intentionally  fails  to
    50  make  a  good  faith  effort to comply with the minority and women-owned
    51  participation requirements of this article as set forth  in  such  state
    52  contract  shall  be  liable  to the contracting agency for liquidated or
    53  other appropriate damages and shall provide for other appropriate  reme-
    54  dies  on  account  of  such  breach. A contracting agency that elects to
    55  proceed against a contractor for breach of contract as provided in  this
    56  section  shall be precluded from seeking enforcement pursuant to section

        S. 1508                            137                           A. 2008
 
     1  three hundred sixteen  of  this  article;  provided  however,  that  the
     2  contracting  agency  shall  include a summary of all enforcement actions
     3  undertaken pursuant to this  section  in  its  annual  report  submitted
     4  pursuant to [subdivision three of] section three hundred fifteen of this
     5  article.
     6    § 9. Subdivision 6 of section 163 of the state finance law, as amended
     7  by chapter 569 of the laws of 2015 is amended to read as follows:
     8    6. Discretionary buying thresholds. Pursuant to guidelines established
     9  by the state procurement council: the commissioner may purchase services
    10  and  commodities in an amount not exceeding eighty-five thousand dollars
    11  without a  formal  competitive  process;  state  agencies  may  purchase
    12  services  and  commodities  in  an  amount  not exceeding fifty thousand
    13  dollars without a formal competitive process;  and  state  agencies  may
    14  purchase  commodities  or services from small business concerns or those
    15  certified pursuant to articles fifteen-A and seventeen-B of  the  execu-
    16  tive  law,  or commodities or technology that are recycled or remanufac-
    17  tured, or commodities that are food, including milk and  milk  products,
    18  grown,  produced or harvested in New York state in an amount not exceed-
    19  ing [two] four hundred thousand dollars  without  a  formal  competitive
    20  process.
    21    §  10.  Subparagraph  (i) of paragraph (b) of subdivision 3 of section
    22  2879 of the public authorities law, as amended by  chapter  174  of  the
    23  laws of 2010, is amended to read as follows:
    24    (i)  for the selection of such contractors on a competitive basis, and
    25  provisions relating to the circumstances under which the  board  may  by
    26  resolution  waive  competition,  including,  notwithstanding  any  other
    27  provision of  law  requiring  competition,  the  purchase  of  goods  or
    28  services  from  small business concerns [or] those certified as minority
    29  or women-owned business enterprises, or goods  or  technology  that  are
    30  recycled  or  remanufactured,  in  an  amount  not  to exceed [two] four
    31  hundred thousand dollars without a formal competitive process;
    32    § 11. Paragraph (a) of subdivision 3 of section  139-j  of  the  state
    33  finance  law  is  amended  by adding two new subparagraphs 10 and 11 are
    34  added to read as follows:
    35    (10) Complaints by minority-owned business enterprises or  women-owned
    36  business  enterprises, certified as such by the division of minority and
    37  women's business development, to the minority and  women-owned  business
    38  enterprise  statewide  advocate  concerning  the  procuring governmental
    39  entity's failure to  comply  with  the  requirements  of  section  three
    40  hundred fifteen of the executive law;
    41    (11)  Communications  between  the  minority  and women-owned business
    42  enterprise statewide advocate and the procuring governmental  entity  in
    43  furtherance of an investigation of the minority and women-owned business
    44  enterprise statewide advocate pursuant to section three hundred twelve-a
    45  of the executive law.
    46    §  12.  Subdivision  6  of  section  8 of the public buildings law, as
    47  amended by chapter 840 of the laws  of  1980,  is  amended  to  read  as
    48  follows:
    49    6.  All  contracts  for amounts in excess of five thousand dollars for
    50  the work of construction, reconstruction, alteration, repair or improve-
    51  ment of any state building, whether constructed  or  to  be  constructed
    52  must  be  offered  for  public  bidding and may be awarded to the lowest
    53  responsible and reliable bidder, as will best promote the public  inter-
    54  est,  by  the  said  department or other agency with the approval of the
    55  comptroller for the whole or any part of the work to be performed,  and,
    56  in the discretion of the said department or other agency, such contracts

        S. 1508                            138                           A. 2008
 
     1  may be sublet; provided, however, that no such contract shall be awarded
     2  to  a  bidder  other  than  the  lowest responsible and reliable bidder,
     3  except for certain contracts awarded to minority or women-owned business
     4  enterprises  as  provided  herein,  without  the written approval of the
     5  comptroller. When a proposal consists of unit prices of items  specified
     6  to  be  performed,  except  for certain contracts awarded to minority or
     7  women-owned business enterprises as  provided  herein,  the  lowest  bid
     8  shall  be  deemed  to be that which specifically states the lowest gross
     9  sum for which the entire work will be performed, including all the items
    10  specified in the proposal thereof. The lowest bid shall be determined by
    11  the commissioner of general services on the basis of the gross  sum  for
    12  which  the entire work will be performed, arrived at by a correct compu-
    13  tation of all the items specified in the proposal therefor at  the  unit
    14  prices  contained in the bid.  Provided, however, that where a responsi-
    15  ble and reliable bidder certified as a  minority-owned  business  enter-
    16  prise  or  women-owned business enterprise pursuant to article fifteen-A
    17  of the executive law submits a bid of one million four hundred  thousand
    18  dollars  or  less,  as adjusted annually for inflation beginning January
    19  first, two thousand twenty, the bid of the minority or women-owned busi-
    20  ness enterprise shall be deemed the lowest bid unless it exceeds the bid
    21  of any other bidder by more than ten percent.
    22    § 13. The penal law is amended by adding a new article 181 to read  as
    23  follows:
 
    24                                 ARTICLE 181
    25              MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD
 
    26  Section 181.00 Definitions.
    27          181.10 Minority  or women-owned business enterprise fraud in the
    28                   third degree.
    29          181.20 Minority or women-owned business enterprise fraud in  the
    30                   second degree.
    31          181.30 Minority  or women-owned business enterprise fraud in the
    32                   first degree.
    33  § 181.00 Definitions.
    34    1. "Minority-owned business enterprise" means  a  business  enterprise
    35  certified as such pursuant to article fifteen-A of the executive law.
    36    2.  "State  contract"  shall  have  the  same  meaning  as  in article
    37  fifteen-A of the executive law.
    38    3. "Women-owned  business  enterprise"  means  a  business  enterprise
    39  certified as such pursuant to article fifteen-A of the executive law.
    40  § 181.10 Minority  or women-owned business enterprise fraud in the third
    41              degree.
    42    A person is guilty of  minority  or  women-owned  business  enterprise
    43  fraud  in  the third degree when he or she knowingly provides materially
    44  false information or omits material information concerning  the  use  or
    45  identification  of a minority or women-owned business enterprise for the
    46  purpose of being awarded, or demonstrating compliance with the  minority
    47  and women-owned business participation requirements of a state contract.
    48    Minority  or women-owned business enterprise fraud in the third degree
    49  is a class A misdemeanor.
    50  § 181.20 Minority or women-owned business enterprise fraud in the second
    51              degree.
    52    A person is guilty of  minority  or  women-owned  business  enterprise
    53  fraud  in the second degree when he or she knowingly provides materially
    54  false information or omits material information concerning  the  use  or

        S. 1508                            139                           A. 2008
 
     1  identification  of a minority or women-owned business enterprise for the
     2  purpose of being awarded, or demonstrating compliance with the  minority
     3  and   women-owned   business  participation  requirements  of,  a  state
     4  contract,  and  the state contract is valued in excess of fifty thousand
     5  dollars.
     6    Minority or women-owned business enterprise fraud in the second degree
     7  is a class E felony.
     8  § 181.30 Minority or women-owned business enterprise fraud in the  first
     9              degree.
    10    A  person  is  guilty  of  minority or women-owned business enterprise
    11  fraud in the first degree when he or she knowingly  provides  materially
    12  false  information  or  omits material information concerning the use or
    13  identification of a minority or women-owned business enterprise for  the
    14  purpose  of being awarded, or demonstrating compliance with the minority
    15  and women-owned business  enterprise  participation  requirements  of  a
    16  state  contract,  and  the  state  contract  is  valued in excess of one
    17  million dollars.
    18    Minority or women-owned business enterprise fraud in the first  degree
    19  is a class D felony.
    20    § 14. The opening paragraph of subdivision (h) of section 121 of chap-
    21  ter  261  of  the laws of 1988, amending the state finance law and other
    22  laws relating to the  New  York  state  infrastructure  trust  fund,  as
    23  amended  by  section 1 of part OOO of chapter 59 of the laws of 2018, is
    24  amended to read as follows:
    25    The provisions of sections sixty-two through  sixty-six  of  this  act
    26  shall  expire and be deemed repealed on December thirty-first, two thou-
    27  sand [nineteen] twenty-four, except that:
    28    § 15. The executive law is amended by adding a new article 28 to  read
    29  as follows:
 
    30                                 ARTICLE 28
    31                         WORKFORCE DIVERSITY PROGRAM
 
    32  Section 821. Definitions.
    33          822. Workforce participation goals.
    34          823. Reporting.
    35          824. Enforcement.
    36          825. Powers and responsibilities of the division.
    37          826. Severability.
    38    § 821. Definitions. As used in this article, the following terms shall
    39  have the following meanings:
    40    1.  "Contractor"  shall  mean  an  individual,  a business enterprise,
    41  including a sole proprietorship, a partnership, a  corporation,  a  not-
    42  for-profit  corporation,  or  any  other party to a state contract, or a
    43  bidder in conjunction with the award of a state contract or  a  proposed
    44  party to a state contract.
    45    2. "Department" shall mean the department of labor.
    46    3.  "Director" shall mean the director of the division of minority and
    47  women's business development.
    48    4. "Disparity study" shall mean the most recent study  of  disparities
    49  between  the  utilization  of  minority  group  members and women in the
    50  performance of state contracts and the availability  of  minority  group
    51  members and women to perform such work by the director pursuant to arti-
    52  cle fifteen-A of this chapter.
    53    5.  "Division"  shall  mean  the  department of economic development's
    54  division of minority and women's business development.

        S. 1508                            140                           A. 2008
 
     1    6. "List of non-compliant contractors" shall mean a list  of  contrac-
     2  tors and subcontractors, maintained by the division and published on the
     3  website  of the division, that are ineligible to participate as contrac-
     4  tors or subcontractors in the performance of state contracts for a  term
     5  determined by the director.
     6    7.  "Minority  group  member"  shall  mean  a United States citizen or
     7  permanent resident alien who is and can demonstrate membership in one of
     8  the following groups:
     9    (a) Black persons having origins in any of the  Black  African  racial
    10  groups;
    11    (b)  Hispanic/Latino  persons  of  Mexican,  Puerto  Rican, Dominican,
    12  Cuban, Central or South American of either Indian  or  Hispanic  origin,
    13  regardless of race;
    14    (c) Native American or Alaskan native persons having origins in any of
    15  the original peoples of North America;
    16    (d)  Asian  and  Pacific Islander persons having origins in any of the
    17  Far East countries, South East Asia,  the  Indian  subcontinent  or  the
    18  Pacific Islands.
    19    8. "Non-compliant contractor" shall mean a contractor or subcontractor
    20  that  has  failed  to  make  a  good  faith effort to meet the workforce
    21  participation goal established by a state agency on  a  state  contract,
    22  and  has  been  listed  by  the  division  on  its list of non-compliant
    23  contractors.
    24    9. "State agency" shall mean (a)(i) any state department, or (ii)  any
    25  division,  board, commission or bureau of any state department, or (iii)
    26  the state university of New York and the city university  of  New  York,
    27  including  all their constituent units except community colleges and the
    28  independent institutions operating statutory  or  contract  colleges  on
    29  behalf  of  the  state, or (iv) a board, a majority of whose members are
    30  appointed by the governor or who serve by virtue of being state officers
    31  or employees as defined in subparagraph (i), (ii) or (iii) of  paragraph
    32  (i)  of  subdivision one of section seventy-three of the public officers
    33  law.
    34    (b) a "state authority," as defined in subdivision one of section  two
    35  of the public authorities law, and the following:
    36  Albany County Airport Authority;
    37  Albany Port District Commission;
    38  Alfred, Almond, Hornellsville Sewer Authority;
    39  Battery Park City Authority;
    40  Cayuga County Water and Sewer Authority;
    41  (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
    42  Corporation;
    43  Industrial Exhibit Authority;
    44  Livingston County Water and Sewer Authority;
    45  Long Island Power Authority;
    46  Long Island Rail Road;
    47  Long Island Market Authority;
    48  Manhattan and Bronx Surface Transit Operating Authority;
    49  Metro-North Commuter Railroad;
    50  Metropolitan Suburban Bus Authority;
    51  Metropolitan Transportation Authority;
    52  Natural Heritage Trust;
    53  New York City Transit Authority;
    54  New York Convention Center Operating Corporation;
    55  New York State Bridge Authority;
    56  New York State Olympic Regional Development Authority;

        S. 1508                            141                           A. 2008
 
     1  New York State Thruway Authority;
     2  Niagara Falls Public Water Authority;
     3  Niagara Falls Water Board;
     4  Port of Oswego Authority;
     5  Power Authority of the State of New York;
     6  Roosevelt Island Operating Corporation;
     7  Schenectady Metroplex Development Authority;
     8  State Insurance Fund;
     9  Staten Island Rapid Transit Operating Authority;
    10  State University Construction Fund;
    11  Syracuse Regional Airport Authority;
    12  Triborough Bridge and Tunnel Authority;
    13  Upper Mohawk Valley Regional Water Board;
    14  Upper Mohawk Valley Regional Water Finance Authority;
    15  Upper Mohawk Valley Memorial Auditorium Authority;
    16  Urban Development Corporation and its subsidiary corporations.
    17    (c)  the  following only to the extent of state contracts entered into
    18  for its own account or for the benefit of a state agency as  defined  in
    19  paragraph (a) or (b) of this subdivision:
    20  Dormitory Authority of the State of New York;
    21  Facilities Development Corporation;
    22  New York State Energy Research and Development Authority;
    23  New York State Science and Technology Foundation.
    24    10.  "State  contract" shall mean: (a) a written agreement or purchase
    25  order instrument, providing for a total expenditure in excess  of  fifty
    26  thousand  dollars, whereby a state agency is committed to expend or does
    27  expend or grant funds in return for labor, services  including  but  not
    28  limited  to  legal, financial and other professional services, supplies,
    29  equipment,  materials  or  any  combination  of  the  foregoing,  to  be
    30  performed on behalf of, for, or rendered or furnished to the state agen-
    31  cy;  (b)  a  written agreement in excess of one hundred thousand dollars
    32  whereby a state agency is committed to expend or does  expend  or  grant
    33  funds  for the acquisition, construction, demolition, replacement, major
    34  repair or renovation of real property and improvements thereon; and  (c)
    35  a  written  agreement  in excess of one hundred thousand dollars whereby
    36  the owner of a state assisted housing project is committed to expend  or
    37  does   expend  funds  for  the  acquisition,  construction,  demolition,
    38  replacement, major repair or renovation of real  property  and  improve-
    39  ments thereon for such project.
    40    11.  "Subcontractor"  shall mean any individual or business enterprise
    41  that provides goods or services to any individual or business for use in
    42  the performance of a state  contract,  whether  or  not  such  goods  or
    43  services are provided to a party to a state contract.
    44    §  822.  Workforce participation goals.  1. The director, in consulta-
    45  tion with the department,  shall  develop  aspirational  goals  for  the
    46  utilization  of  minority  group members and women in any trade, profes-
    47  sion, occupation, or categories thereof.
    48    (a) Aspirational goals for the utilization of minority  group  members
    49  and  women  must  set forth the expected participation of minority group
    50  members and women in each trade, profession, and occupation, or  catego-
    51  ries  thereof  and shall be expressed as a percentage of the total hours
    52  of work to be performed by each trade, profession, and occupation  based
    53  on  the  availability  of  minority  group members and women within each
    54  trade, profession, and occupation or categories thereof.
    55    (i) The aspirational goals shall set forth separate levels of expected
    56  participation by men and women for each minority group, and  for  Cauca-

        S. 1508                            142                           A. 2008
 
     1  sian  women,  in  each  trade,  profession, and occupation of categories
     2  thereof.
     3    (ii)  Aspirational  goals  for  the expected participation of minority
     4  group members and women shall be established  for  each  county  of  the
     5  state.  The  director  may establish aspirational goals for the expected
     6  participation of minority group members  and  women  for  municipalities
     7  where the director deems feasible and appropriate.
     8    (iii)  The  director  shall,  in  establishing the aspirational goals,
     9  consider the findings of the most recent disparity study and  any  rele-
    10  vant data published by the United States Census Bureau.
    11    (b)  The  director  shall  update the aspirational goals on a periodic
    12  basis, no less than biannually.
    13    2. State agencies shall, for each invitation  for  bids,  request  for
    14  proposals,  or  other  solicitation  that  will result in the award of a
    15  state contract, set forth the expected degree of workforce participation
    16  by minority group members and women.
    17    (a) Each workforce participation goal established by  a  state  agency
    18  shall  set  forth  the expected level of participation by minority group
    19  members and women in the performance  of  each  trade,  profession,  and
    20  occupation required in the performance of the contract.
    21    (b)  Goals  for  the participation of minority group members and women
    22  shall set forth separate goals for each of the following groups in  each
    23  trade, profession, and occupation or categories thereof:
    24    (i) Black men;
    25    (ii) Black women;
    26    (iii) Hispanic men;
    27    (iv) Hispanic women;
    28    (v) Native American men;
    29    (vi) Native American women;
    30    (vii) Asian men;
    31    (viii) Asian women;
    32    (ix) Caucasian women.
    33    (c)  In  establishing  workforce  participation  goals, state agencies
    34  shall consider factors including, but not limited to:
    35    (i) the findings of the disparity study;
    36    (ii) any relevant data published by the United States  Census  Bureau;
    37  and
    38    (iii)  if  applicable,  any aspirational goal established by the divi-
    39  sion.
    40    (d) In any case where a state agency establishes a  workforce  partic-
    41  ipation  goal on an invitation for bids, request for proposals, or other
    42  solicitation that will result in the award  of  a  state  contract  that
    43  deviates from the aspirational goal for work or service in the county or
    44  municipality  in  which the work or service will be performed, the state
    45  agency shall document numerical evidence demonstrating that the applica-
    46  tion of the aspirational goal  would  not  be  practical,  feasible,  or
    47  appropriate.
    48    3.  Every contractor responding to an invitation for bids, request for
    49  proposals, or other solicitation that will result  in  the  award  of  a
    50  state contract subject to workforce participation goals pursuant to this
    51  section  shall  agree  to make a good faith effort to achieve such work-
    52  force participation goal or request a waiver of such goal.
    53    (a) A contractor that certifies that it will make a good faith  effort
    54  to  achieve  a  workforce  participation  goal  shall  provide  with its
    55  response to the applicable invitation for bids, request  for  proposals,
    56  or other solicitation:

        S. 1508                            143                           A. 2008
 
     1    (i) A certification stating that the contractor will make a good faith
     2  effort  to  achieve the applicable workforce participation goal and will
     3  contractually require any subcontractors to the  contractor  to  make  a
     4  good faith effort to achieve the applicable workforce participation goal
     5  in  any  subcontracted  work, which certification shall acknowledge that
     6  failure by the contractor or any of its subcontractors to  make  a  good
     7  faith  effort to achieve the applicable workforce participation goal may
     8  result in a determination by  the  contracting  state  agency  that  the
     9  contractor or its subcontractor is a non-compliant contractor;
    10    (ii)  The level of anticipated participation by minority group members
    11  and women as employees to the contractor, or, if the  state  agency  has
    12  specifically  indicated  that such documentation is not required as part
    13  of the response to the invitation for bids, request  for  proposals,  or
    14  other solicitation, a date certain for the submission of such documenta-
    15  tion after the award of the state contract;
    16    (iii)  A list of all subcontractors anticipated to perform work on the
    17  state contract and the level of anticipated  participation  by  minority
    18  group  members  and women as employees to each subcontractor, or, if the
    19  state agency has specifically indicated that such documentation  is  not
    20  required as part of the response to the invitation for bids, request for
    21  proposals,  or  other solicitation, a date certain for the submission of
    22  such documentation after the award of the state contract; and
    23    (iv) Such other information as  the  contracting  state  agency  shall
    24  require.
    25    (b)  A  contractor that requests a waiver of a workforce participation
    26  goal shall provide with its response to the  applicable  invitation  for
    27  bids, request for proposals, or other solicitation:
    28    (i)  Numerical evidence setting forth why the achievement of the work-
    29  force participation goal is not practical, feasible, or  appropriate  in
    30  light  of  the  trades, professions, and occupations required to perform
    31  the work of the state contract;
    32    (ii) Documentation of the contractor's efforts,  and  any  efforts  by
    33  subcontractors  to  the contractor, to promote the inclusion of minority
    34  group members and women in trades, professions, and occupations required
    35  in the performance of the state contract;
    36    (iii) The maximum feasible level of participation  by  minority  group
    37  members  and  women  in each of the trades, professions, and occupations
    38  required in the performance of the work of the state contract;
    39    (iv) The level of anticipated participation by minority group  members
    40  and women as employees to the contractor;
    41    (v)  A  list  of all subcontractors anticipated to perform work on the
    42  state contract and the level of anticipated  participation  by  minority
    43  group members and women as employees to each subcontractor; and
    44    (vi)  Any  other relevant information evidencing that the contractor's
    45  achievement of the workforce participation goal would not be  practical,
    46  feasible, or appropriate.
    47    4.  A  state  agency  shall not award a state contract to a contractor
    48  unless the contractor has (i) certified that it will make a  good  faith
    49  effort  to  achieve  the  applicable  workforce  participation  goal and
    50  provided documentation of the workforce anticipated to perform the  work
    51  of the state contract or (ii) submitted a waiver request which the state
    52  agency  deems  to reflect the maximum feasible participation of minority
    53  group members and women in each of the trades, professions, and  occupa-
    54  tions required in performance of the work of the state contract.
    55    (a)  In  the event that a contractor submits a certification or waiver
    56  request that is accepted by the state agency,  the  state  agency  shall

        S. 1508                            144                           A. 2008
 
     1  establish  in  the state contract the expected level of participation by
     2  minority group members and women in each of the trades, professions, and
     3  occupations required in performance of the work of the  state  contract,
     4  require  that  the  contractor  make  good faith efforts to achieve such
     5  workforce participation goals, require that the contractor  require  any
     6  subcontractors  to  make  a  good faith effort to achieve the applicable
     7  workforce participation goal in any  subcontracted  work,  and  indicate
     8  that  the failure of the contractor or any of its subcontractors to make
     9  a good faith effort to achieve  the  workforce  participation  goal  may
    10  result  in  the contractor or subcontractor being deemed a non-compliant
    11  contractor.
    12    (b) In the event that a contractor fails to  submit  a  certification,
    13  waiver  request,  or any other information required by the state agency,
    14  or the state agency determines that a contractor's waiver  request  does
    15  not  demonstrate  that  the  applicable  workforce participation goal is
    16  impractical, unfeasible, or inappropriate, the state agency shall notify
    17  the contractor of the deficiency in writing and provide  the  contractor
    18  five  business  days  to  remedy  the noticed deficiency. A state agency
    19  shall reject any bid or proposal of a contractor that  fails  to  timely
    20  respond  to a notice of deficiency or to provide documentation remedying
    21  the deficiency to the satisfaction of the state agency.
    22    (i) Where failure to remedy any notified deficiency in  the  workforce
    23  utilization  plan  is  a ground for disqualification, that issue and all
    24  other grounds for disqualification shall be stated  in  writing  by  the
    25  contracting  state agency. The contractor shall be entitled to an admin-
    26  istrative hearing, on the record, involving all grounds  stated  by  the
    27  contracting state agency in its notice of the contractor's disqualifica-
    28  tion.  Such  hearing  shall be conducted by the appropriate authority of
    29  the contracting agency to review the determination of  disqualification.
    30  A  final  administrative determination made following such hearing shall
    31  be reviewable in a proceeding commenced under article  seventy-eight  of
    32  the  civil  practice  law  and  rules,  provided that such proceeding is
    33  commenced within thirty days of  the  notice  given  by  certified  mail
    34  return  receipt  requested  rendering such final administrative determi-
    35  nation. Such proceeding shall be commenced in the supreme court,  appel-
    36  late  division,  third department and such proceeding shall be preferred
    37  over all other civil causes except election causes, and shall  be  heard
    38  and  determined in preference to all other civil business pending there-
    39  in, except election matters, irrespective of position on  the  calendar.
    40  Appeals  taken to the court of appeals of the state of New York shall be
    41  subject to the same preference.
    42    § 823. Reporting. 1. State  contracts  shall  require  contractors  to
    43  submit,  and to require any subcontractors to submit, to the contracting
    44  state agency reports documenting the hours worked by  employees  of  the
    45  contractor  and any subcontractors in the performance of the work of the
    46  state contract. Such reports shall be submitted no less frequently  than
    47  monthly for state contracts for construction and quarterly for all other
    48  state  contracts.  Such  reports  shall  identify  the  race, ethnicity,
    49  gender, and trade, profession, or occupation of each employee performing
    50  work on a state contract.
    51    2. State agencies shall submit periodic reports to  the  director,  or
    52  the  designee  of the director, concerning the participation of minority
    53  group members and women in state contracts let by such agencies and such
    54  state agencies' compliance with this  article.  Such  reports  shall  be
    55  submitted  at  such  time, and include such information, as the director
    56  shall require in regulations. State agencies shall make available  their

        S. 1508                            145                           A. 2008
 
     1  facilities,  books,  and records for inspection, upon reasonable notice,
     2  by the director or the director's designee.
     3    3.  The department shall provide such assistance as the director shall
     4  require in carrying out the requirements of this section.
     5    § 824. Enforcement.  1. Where it appears  that  a  contractor  cannot,
     6  after  a  good  faith effort, meet the workforce participation goals set
     7  forth in a particular state contract, a contractor may  file  a  written
     8  application  with  the  contracting state agency requesting a partial or
     9  total waiver of such requirements. Such  request  shall  set  forth  the
    10  reasons  for  such  contractor's inability to meet the workforce partic-
    11  ipation goal, specifically describe the reasons for any deviations  from
    12  the  anticipated  workforce participation goal set forth in the contrac-
    13  tor's bid or proposal leading to the award of the  state  contract,  and
    14  describe the efforts by the contractor and any subcontractors to achieve
    15  the  maximum  feasible participation of minority group members and women
    16  in the performance of the work of the state contract. Where the contrac-
    17  tor's inability to achieve the workforce participation goal on  a  state
    18  contract is attributable to the failure of one or more subcontractors to
    19  make good faith efforts to achieve the maximum feasible participation of
    20  minority  group  members and women in the performance of the work of the
    21  state contract, the contractor  shall  identify  such  subcontractor  or
    22  subcontractors to the contracting state agency.
    23    2.  A  state  agency  shall  grant a request for a waiver of workforce
    24  participation goals on a state contract where:
    25    (a) The contractor demonstrates that the contractor  and  its  subcon-
    26  tractors  made good faith efforts to achieve the workforce participation
    27  goal on the state contract, and that insufficient minority group members
    28  or women were available in  the  trades,  professions,  and  occupations
    29  required to perform the work of the state contract; or
    30    (b)  The  contractor contractually required each of its subcontractors
    31  to make a good faith effort to  achieve  the  maximum  feasible  partic-
    32  ipation  of  minority  group members and women in the performance of the
    33  subcontracted work, periodically monitored such subcontractors'  deploy-
    34  ment  of  minority  group  members  and  women in the performance of the
    35  subcontracted work, provided notice to such subcontractors of any  defi-
    36  ciencies  in their deployment of minority group members and women in the
    37  performance of such subcontracted work, and could not achieve the  work-
    38  force participation goal for one or more trades, professions, or occupa-
    39  tions without the good faith efforts of such subcontractors.
    40    3.  Where a state agency denies a contractor's request for a waiver of
    41  workforce participation goals pursuant to this section, the state agency
    42  shall recommend to the director and the department that  the  contractor
    43  be deemed a non-compliant contractor.
    44    4.  Where  a  state  agency grants a request for a waiver of workforce
    45  participation goals pursuant to  this  section  based  on  one  or  more
    46  subcontractors'  failure to make good faith efforts to achieve the maxi-
    47  mum feasible participation of minority group members and  women  in  the
    48  performance  of the subcontracted work, the state agency shall recommend
    49  to the director and the department that the subcontractor  be  deemed  a
    50  non-compliant contractor.
    51    5.  Upon  receipt  of  a  recommendation  from  a  state agency that a
    52  contractor or subcontractor should be deemed a non-compliant contractor,
    53  the director shall, with the assistance of the  department,  review  the
    54  facts  and  circumstances  forming  the  basis of the recommendation and
    55  issue a determination as to whether or not the contractor or subcontrac-
    56  tor should be deemed a non-compliant contractor and, if so, the duration

        S. 1508                            146                           A. 2008
 
     1  of such status as a non-compliant contractor. In determining  the  dura-
     2  tion  of  a  contractor's  or  subcontractor's status as a non-compliant
     3  contractor, the director shall consider:
     4    (i) whether the contractor or subcontractor has previously been deemed
     5  a non-compliant contractor;
     6    (ii)  the  number of hours of expected participation by minority group
     7  members and women lost as a result of the  contractor's  or  subcontrac-
     8  tor's  failure  to  make  good  faith  efforts to include minority group
     9  members or women in the performance of one or more state contracts; and
    10    (iii) whether the contractor or subcontractor has offered  to  provide
    11  employment opportunities, training, or other remedial benefits to minor-
    12  ity  group  members or women in relevant trades, professions, or occupa-
    13  tions.
    14    6. A contractor or subcontractor deemed a non-compliant contractor  by
    15  the director may request an administrative hearing before an independent
    16  hearing  officer  to appeal the determination of the director. The deci-
    17  sion of the hearing officer shall be final and may only  be  vacated  or
    18  modified  as provided in article seventy-eight of the civil practice law
    19  and rules upon an application made within  the  time  provided  by  such
    20  article.
    21    7.  Upon a final determination that a contractor or subcontractor is a
    22  non-compliant contractor, the director  shall  list  the  contractor  or
    23  subcontractor  as  such  on  its  website  and indicate the term of such
    24  contractor's or subcontractor's status as a non-compliant contractor.  A
    25  non-compliant  contractor  shall  be  ineligible  to  participate  as  a
    26  contractor or subcontractor on any state contract.
    27    § 825. Powers and responsibilities of the division.   1. The  director
    28  shall  post to the website of the division on or before October first of
    29  each year the aspirational goals for the utilization of  minority  group
    30  members  and  women in certain trades, professions and/or occupations as
    31  required pursuant to section eight hundred twenty-two of this article.
    32    2. The director shall promulgate rules and regulations for the  imple-
    33  mentation of this article, including, but not limited to, procedures for
    34  the  submission  of  certifications  and  workforce utilization plans by
    35  contractors, criteria for granting waivers  of  workforce  participation
    36  goals,  and  the  contents of reports by state agencies concerning their
    37  implementation of the requirements of this article.
    38    3. The division shall, from  time  to  time,  review  the  facilities,
    39  books,  and records of state agencies to ascertain the accuracy of their
    40  reports and their compliance with the requirements of this article.  The
    41  department  shall  provide such assistance as the director shall require
    42  in carrying out the requirements of this section.
    43    § 826. Severability. If any clause, sentence,  paragraph,  section  or
    44  part  of this article shall be adjudged by any court of competent juris-
    45  diction to be invalid, the judgment shall not affect, impair or  invali-
    46  date  the  remainder  thereof, but shall be confined in its operation to
    47  the clause, sentence, paragraph, section or part of this article direct-
    48  ly involved in the controversy in which the  judgment  shall  have  been
    49  rendered.
    50    §  16.  This act shall take effect immediately, and shall be deemed to
    51  have been in full force and effect on and after April 1, 2019; provided,
    52  however, that:
    53    (a) the amendments to article 15-A  of  the  executive  law,  made  by
    54  sections  one, two, three, four, five, six, seven and eight of this act,
    55  shall not affect the expiration of such article and shall expire and  be
    56  deemed expired therewith;

        S. 1508                            147                           A. 2008
 
     1    (b)  the  amendments  to section 163 of the state finance law, made by
     2  section nine of this act, shall not affect the expiration and repeal  of
     3  such section, and shall expire and be deemed repealed therewith;
     4    (c)  the amendments to section 139-j of the state finance law, made by
     5  section eleven of this act, shall not affect the expiration  and  repeal
     6  of such section, and shall expire and be deemed repealed therewith;
     7    (d)  subdivision  2-b  of  section 314 of the executive law shall take
     8  effect on the same date and in the same manner as section 1  of  chapter
     9  409 of the laws of 2018 takes effect; and
    10    (e)  section  fifteen  of this act shall expire and be deemed repealed
    11  December 31, 2024.
 
    12                                   PART BB
 
    13    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    14  article 44-C to read as follows:
    15                                ARTICLE 44-C
    16                         CONGESTION TOLLING PROGRAM
    17  Section 1701.   Legislative findings and declaration.
    18          1702.   Short title.
    19          1703.   Definitions.
    20          1704.   Establishment of congestion tolling program.
    21          1704-a. Congestion toll.
    22          1705.   Disposition of revenue and penalties.
    23          1706.   Reporting.
    24    §  1701. Legislative findings and declaration. The ongoing failures of
    25  the tracks, signals, switches and  other  transportation  infrastructure
    26  throughout the subway system in the city of New York continue to pose an
    27  imminent  threat  and  have a vast and deleterious impact on the health,
    28  safety, and livelihood of commuters, tourists, resident New Yorkers,  as
    29  well  as  business and commerce in the metropolitan commuter transporta-
    30  tion district, which is the recognized economic engine of the  state  of
    31  New  York,  and thereby have adversely affected the economy of the state
    32  of New York. Temporary actions have been taken to address the safety  of
    33  subway   riders  short  term  including  an  emergency  declaration  and
    34  increased capital funding for the subways in the most  recently  adopted
    35  state  budget. The legislature, however, determines that a long-term and
    36  sustainable solution is necessary in order to ensure stable and reliable
    37  funding to repair and revitalize this significantly important mass tran-
    38  sit asset.
    39    The legislature further finds and declares that traffic congestion  in
    40  the  city  of  New  York  ranks  second worst among cities in the United
    41  States and third worst among cities in the world, and results in signif-
    42  icant cost to the New York metropolitan area economy  and  in  turn  the
    43  state's  economy at estimates exceeding one hundred million dollars over
    44  the next five years. Travel speeds in the city  of  New  York's  central
    45  business  district have dropped more than seventeen percent in two thou-
    46  sand sixteen to an average of 6.8 miles per hour and in Midtown  Manhat-
    47  tan,  the  most  congested  area  of  the city-the area from fifty-ninth
    48  street to thirty-fifth street and from ninth avenue to the  east  river-
    49  the  average vehicular speed is 4.7 miles per hour.  Congestion in these
    50  areas is crippling and impacts the everyday lives of  residents,  commu-
    51  ters,  taxi  and  for-hire  vehicle  traffic,  bus transit and emergency
    52  services.

        S. 1508                            148                           A. 2008
 
     1    These issues have been recognized by both the Fix NYC  Advisory  Panel
     2  and the MTA Sustainability Advisory Workgroup as significant impediments
     3  to everyday New Yorkers.
     4    In order to ensure a safe and efficient mass transit system within the
     5  city  of  New  York  and  to protect the public health and safety of New
     6  York's residents, a program to establish fees for vehicles  entering  or
     7  remaining  in the most congested area of the state is found to be neces-
     8  sary and to be a matter of substantial state concern.
     9    § 1702. Short title. This act shall be known as and may  be  cited  as
    10  "the congestion tolling program".
    11    §  1703.  Definitions.  For  the  purposes of this article, unless the
    12  context otherwise requires:
    13    1. "City" means the city of New York.
    14    2. "Congestion toll" means a toll charged for entry into or  remaining
    15  in the congestion tolling zone as described in section seventeen hundred
    16  four of this article.
    17    3.  "Congestion  tolling program" means the program for charging tolls
    18  for vehicles that enter or remain in the  congestion  tolling  zone  and
    19  includes  the  congestion tolling infrastructure, the congestion tolling
    20  collection system and the congestion tolling customer service center.
    21    4. "Congestion tolling zone"  means  the  area  described  in  section
    22  seventeen  hundred four of this article for which tolls shall be charged
    23  for a vehicle's entry into such zone.
    24    5. "Congestion tolling infrastructure" means the  devices  and  struc-
    25  tures  including but not limited to gantries and power and communication
    26  lines that the Triborough bridge and tunnel authority will plan,  design
    27  and construct as part of the congestion tolling program.
    28    6.  "Congestion tolling collection system" means the electronic system
    29  of collecting tolls or other charges using electronic data and/or images
    30  that the Triborough bridge  and  tunnel  authority  will  plan,  design,
    31  install and operate as part of the congestion tolling program.
    32    7.  "Congestion  tolling  customer  service center" means the customer
    33  contact and back-office system and operation services for the collection
    34  of congestion tolls and enforcement of congestion toll  violations  that
    35  the  Triborough bridge and tunnel authority will plan, design, implement
    36  and operate as part of the congestion tolling program.
    37    8. "Operation date" means the  date  determined  by  the  metropolitan
    38  transportation authority and the Triborough bridge and tunnel authority,
    39  which  shall  not  be  earlier  than December thirty-first, two thousand
    40  twenty, for the beginning  of  the  operation  and  enforcement  of  the
    41  congestion tolling program.
    42    9.  "Triborough  bridge  and  tunnel  authority" means the corporation
    43  organized pursuant to section  five  hundred  fifty-two  of  the  public
    44  authorities  law as consolidated pursuant to section five hundred fifty-
    45  two-a of the public authorities law  or  any  successor  corporation  or
    46  corporation into which it may be consolidated.
    47    §  1704. Establishment of congestion tolling program. 1. The metropol-
    48  itan transportation authority shall  establish  the  congestion  tolling
    49  program.
    50    2. The congestion tolling program will operate in the congestion toll-
    51  ing zone. The congestion tolling zone shall include any roadways, bridg-
    52  es, tunnels, approaches or ramps that are located within, or enter into,
    53  the  geographic  area in the borough of Manhattan south of and inclusive
    54  of sixtieth street to the extent practicable but shall not  include  the
    55  FDR Drive.

        S. 1508                            149                           A. 2008

     1    3.  (a)  The Triborough bridge and tunnel authority shall plan, design
     2  and construct the congestion tolling infrastructure at points of vehicle
     3  ingress to the congestion toll zone. The Triborough  bridge  and  tunnel
     4  authority  may occupy the sidewalks, roadways, streets, highways, bridg-
     5  es,  tunnels,  approaches  or  highways  of the city of New York for the
     6  purpose of doing any work over or under  the  same  in  connection  with
     7  installing,  operating or maintaining the congestion tolling infrastruc-
     8  ture without the consent of or payment to the city of New York. The city
     9  of New York shall cooperate fully with the Triborough bridge and  tunnel
    10  authority  in the planning, designing and constructing of the congestion
    11  tolling infrastructure and shall not require that the Triborough  bridge
    12  and  tunnel  authority  or any of its contractors to seek or obtain from
    13  the city of New York  any  sidewalk  or  roadway  construction  activity
    14  permit,  license, or other approval in connection with installing, oper-
    15  ating or maintaining the congestion tolling infrastructure.
    16    (b) The Triborough bridge and tunnel  authority  shall  plan,  design,
    17  install,  implement  and  operate a congestion toll collection system to
    18  collect the congestion toll.
    19    (c) The Triborough bridge and tunnel  authority  shall  plan,  design,
    20  implement and operate a congestion toll customer service center.
    21    (d)  The  congestion  tolling  collection  system  shall  be  planned,
    22  designed, implemented and operated to facilitate payment  of  congestion
    23  tolls  by  various  methods including but not limited to cash, credit or
    24  debit card, check or automated clearing house payment, by  telephone  or
    25  over  the  internet  or  any other method of payment that the Triborough
    26  bridge or tunnel authority may implement.
    27    (e) All procurements of goods, services or construction of any kind by
    28  the Triborough bridge and tunnel authority for  the  congestion  tolling
    29  program shall be deemed to be subject only to the same requirements that
    30  otherwise  apply  to  procurements  by  the Triborough bridge and tunnel
    31  authority.
    32    4.  The  congestion  tolling  infrastructure,  the   congestion   toll
    33  collection  system  and  the  congestion tolling customer service center
    34  shall be completed by the operation date.
    35    5. Responsibility for maintenance of the  congestion  tolling  infras-
    36  tructure  after  the operation date shall be performed by the Triborough
    37  bridge and tunnel authority.
    38    6. The planning, designing, constructing, installing or maintaining of
    39  the congestion tolling program and the planning, designing,  installing,
    40  operating or maintaining of the congestion toll collection system by the
    41  Triborough  bridge  and  tunnel authority including the establishment by
    42  such authority of congestion tolls, and any other fees  or  rentals  for
    43  the  use of its projects and any changes thereafter shall not be subject
    44  to the provisions of article eight  of  the  environmental  conservation
    45  law,  the  provisions  of  chapter six of article forty-three or chapter
    46  five of title sixty-two of the rules of the city of  New  York,  or  the
    47  provisions  of  section  one hundred ninety-seven-c of the New York city
    48  charter, relating to a  uniform  land  use  review  procedure,  nor  the
    49  provisions  of  any  other  local law of the city of New York of like or
    50  similar effect including approvals or charges associated with the use of
    51  property owned and maintained by the city of New York necessary for  the
    52  installation of congestion tolling infrastructure.
    53    § 1704-a. Congestion toll. 1. The Triborough bridge and tunnel author-
    54  ity shall have the power, subject to agreements with its bondholders, to
    55  charge  tolls  and  fees  for  vehicles  entering  or  remaining  in the
    56  congestion tolling zone at any time and shall have the power, subject to

        S. 1508                            150                           A. 2008
 
     1  agreements with bondholders, to  make  rules  and  regulations  for  the
     2  collection  of  congestion  tolls  and  the establishment of fees.   For
     3  purposes of establishing a congestion tolling  program,  the  Triborough
     4  bridge and tunnel authority shall, at minimum, ensure that annual reven-
     5  ues  and  fees  collected under such program, less costs of operation of
     6  the same, provide for revenues into the congestion tolling fund,  estab-
     7  lished  pursuant  to  section  twelve  hundred  seventy-j  of the public
     8  authorities law, necessary to fund fifteen billion dollars  for  capital
     9  projects.
    10    2.  No  owner  of  a  for-hire  vehicle that is subject to a surcharge
    11  imposed by article twenty-nine-C of the tax law for a for-hire transpor-
    12  tation trip shall also be charged a congestion  toll  if  it  enters  or
    13  remains in the congestion toll zone as part of such trip.
    14    3. No owner of an emergency vehicle as defined pursuant to section one
    15  hundred  one  of  this  chapter shall be charged a congestion toll if it
    16  enters or remains in the congestion tolling zone.
    17    4. Any vehicle entering the congestion tolling zone using a  vehicular
    18  crossing  known as the Queens Midtown Tunnel, the Hugh Carey Tunnel, the
    19  Holland Tunnel, the Lincoln Tunnel, or the Henry Hudson Bridge shall  be
    20  credited an amount equal to the toll charged to such vehicle for the use
    21  of  such  crossing  immediately  prior  to entry into such zone from the
    22  amount of the congestion toll charged to such vehicle  for  purposes  of
    23  entering the congestion tolling zone.
    24    §  1705.  Disposition  of revenue and penalties. The Triborough bridge
    25  and tunnel authority shall establish and collect  congestion  tolls  and
    26  fees  and  other  charges as provided in subdivision twelve-a of section
    27  five hundred fifty-three of the public authorities law.
    28    § 1706. Reporting. Beginning one year after  the  operation  date  and
    29  every  two  years thereafter, the Triborough bridge and tunnel authority
    30  and the metropolitan transportation authority shall report on the effect
    31  of the congestion tolling program on congestion in the  congestion  zone
    32  and  on  mass  transit use including the vehicle-miles traveled for each
    33  trip within the congestion tolling zone for taxis and for-hire vehicles;
    34  the volume and type of vehicles entering the  congestion  tolling  zone;
    35  and transit ridership and average bus speeds within the congestion toll-
    36  ing  zone,  and  on  all  receipts  and  expenditures  relating  to  the
    37  congestion tolling program. The department of transportation of the city
    38  of New York shall be required to assist in gathering  and  providing  to
    39  the  Triborough  bridge  and  tunnel authority congestion data and other
    40  related data as directed by the Triborough bridge and  tunnel  authority
    41  for  purposes  of  compiling  such  report.  The report shall be readily
    42  available to the public, and shall be posted on the authority's  website
    43  and be submitted to the governor, the director of the budget, the tempo-
    44  rary president of the senate, the speaker of the assembly, the mayor and
    45  council  speaker of the city of New York, and the metropolitan transpor-
    46  tation authority capital program review board.
    47    § 2. Subdivision 1 of section 402 of the vehicle and  traffic  law  is
    48  amended by adding a new paragraph (c) to read as follows:
    49    (c)  It  shall  be unlawful for any person to operate, drive or park a
    50  motor vehicle on a toll highway, bridge and/or tunnel facility or  enter
    51  a congestion tolling zone, under the jurisdiction of the tolling author-
    52  ity,  if  such number plate is not easily readable, nor shall any number
    53  plate be covered by glass or any plastic  material,  and  shall  not  be
    54  knowingly covered or coated with any artificial or synthetic material or
    55  substance  that conceals or obscures such number plates or that distorts
    56  a recorded or photographic image of such number plates, and the view  of

        S. 1508                            151                           A. 2008
 
     1  such number plates shall not be obstructed by any part of the vehicle or
     2  by anything carried thereon, except for a receiver-transmitter issued by
     3  a  publicly  owned  tolling  facility in connection with electronic toll
     4  collection  when such receiver-transmitter is affixed to the exterior of
     5  a vehicle in accordance with mounting instructions provided by the toll-
     6  ing facility. For purposes of this paragraph, "tolling authority"  shall
     7  mean every public authority which operates a toll highway, bridge and/or
     8  tunnel  facility  or which charges and collects congestion tolls as well
     9  as the port authority of New York and  New  Jersey,  a  bi-state  agency
    10  created  by  compact  set forth in chapter one hundred fifty-four of the
    11  laws of nineteen hundred twenty-one, as amended.
    12    § 3. Subdivision 8 of section 402 of the vehicle and traffic  law,  as
    13  amended  by  chapter 61 of the laws of 1989 and as renumbered by chapter
    14  648 of the laws of 2006, is amended to read as follows:
    15    8. The violation of this section shall be punishable by a fine of  not
    16  less  than  twenty-five  nor  more  than  two hundred dollars except for
    17  violations of paragraph (c) of subdivision one  of  this  section  which
    18  shall be punishable by a fine of not less than one hundred nor more than
    19  five hundred dollars.
    20    §  4.  Subdivision 4 of section 1630 of the vehicle and traffic law is
    21  amended to read as follows:
    22    4. Charging of tolls, taxes, fees, licenses or permits for the use  of
    23  the  highway  or  any of its parts or entry into or remaining within the
    24  congestion tolling zone established  by  article  forty-four-C  of  this
    25  chapter, where the imposition thereof is authorized by law.
    26    §  5.  Subdivision  9  of section 553 of the public authorities law is
    27  amended by adding a new paragraph (s) to read as follows:
    28    (s) The congestion tolling program to the extent specified in  article
    29  forty-four-C  of  the  vehicle and traffic law and in this title, and as
    30  directed by the metropolitan transportation authority.
    31    § 6. Section 553 of the public authorities law is amended by adding  a
    32  new subdivision 12-a to read as follows:
    33    12-a.  To  charge  tolls  and  fees for vehicles entering or remaining
    34  within the congestion tolling zone and to make rules and regulations for
    35  the collection of such tolls and fees, subject to and in accordance with
    36  such agreement with bondholders as may be made as hereinafter  provided.
    37  Subject  to contracts with bondholders, all tolls, fees and other reven-
    38  ues derived from the congestion tolling program shall be applied to  the
    39  payment  of  operating,  administration, and other necessary expenses of
    40  the authority properly allocable to such program and thereafter  to  the
    41  payment of interest or principal of bonds for such program and if not so
    42  used  all remaining congestion tolling funds shall be transferred to the
    43  metropolitan transportation authority and deposited into the fund estab-
    44  lished by section twelve hundred seventy-j of this chapter and shall not
    45  be subject to distribution under section five  hundred  sixty-nine-c  or
    46  section twelve hundred nineteen-a of this chapter.
    47    §  7.  The  public  authorities law is amended by adding a new section
    48  1270-j to read as follows:
    49    § 1270-j. Congestion tolling fund. 1. The authority shall establish  a
    50  fund  to  be  known  as  the congestion tolling fund which shall be kept
    51  separate from and shall not be commingled with any other moneys  of  the
    52  authority.  The  fund  shall  consist  of  all moneys transferred to the
    53  authority by the Triborough bridge  and  tunnel  authority  pursuant  to
    54  article  forty-four-C  of  the  vehicle  and traffic law and subdivision
    55  twelve-a of section five hundred fifty-three of this chapter.

        S. 1508                            152                           A. 2008
 
     1    2. Moneys in the fund may be pledged by the authority to secure bonds,
     2  notes or other obligations of the authority and related reserves,  fees,
     3  costs  and expenses, for any metropolitan transportation authority capi-
     4  tal projects included within the 2020 to 2024 MTA capital program or any
     5  successor programs.  Subject to the provisions of any such pledge, or in
     6  the  event there is no such pledge, any moneys in the congestion tolling
     7  fund may be used by the authority for payment of capital costs,  includ-
     8  ing  debt service and reserve requirements, if any, for any metropolitan
     9  transportation authority capital projects included within  the  2020  to
    10  2024 MTA capital program or any successor programs.  Such revenues shall
    11  only  supplement  and  shall  not  supplant any federal, state, or local
    12  funds  expended  by  the  metropolitan  transportation  authority,  such
    13  authority's affiliates or subsidiaries for such respective purposes.
    14    3.  The  authority  shall report annually on all receipts and expendi-
    15  tures of the fund. The report shall detail  operating  expenses  of  the
    16  congestion  tolling  program and all fund expenditures including capital
    17  projects. The report shall be readily available to the public, and shall
    18  be posted on the authority's website and be submitted to  the  governor,
    19  the  temporary president of the senate, the speaker of the assembly, the
    20  mayor and council of the city of New York, and the  metropolitan  trans-
    21  portation authority capital program review board.
    22    §  8.  Subdivision  3 of section 165.15 of the penal law is amended to
    23  read as follows:
    24    3. With intent to obtain railroad, subway, bus, air, taxi or any other
    25  public transportation service or use  of  any  highway,  parkway,  road,
    26  bridge  or  tunnel or enter a congestion tolling zone without payment of
    27  the lawful charge or toll therefor, or to avoid payment  of  the  lawful
    28  charge  or  toll for such transportation service which has been rendered
    29  to him or for such use of any highway, parkway, road, bridge  or  tunnel
    30  or  entry  into  a  congestion  tolling  zone, he obtains or attempts to
    31  obtain such service, use or entry or avoids or attempts to avoid payment
    32  therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
    33  tampering, or by unjustifiable failure or refusal to pay; or
    34    § 9. Subdivision 2 of section 87 of the public officers law is amended
    35  by adding a new paragraph (p) to read as follows:
    36    (p)  are  data  or  images  produced  by an electronic toll collection
    37  system under authority of article forty-four-C of the vehicle and  traf-
    38  fic  law  and  in title three of article three of the public authorities
    39  law.
    40    § 10. Severability clause. If any clause, sentence, paragraph,  subdi-
    41  vision,  section  or  part  of  this act shall be adjudged by a court of
    42  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    43  impair,  or  invalidate  the remainder thereof, but shall be confined in
    44  its operation to the clause, sentence, paragraph,  subdivision,  section
    45  or part thereof directly involved in the controversy in which such judg-
    46  ment shall have been rendered. It is hereby declared to be the intent of
    47  the  legislature  that  this  act  would  have been enacted even if such
    48  invalid provision had not been included herein.
    49    § 11. This act shall take effect immediately.
 
    50                                   PART CC
 
    51    Section 1. Paragraph 1 of subdivision (a) of  section  1180-b  of  the
    52  vehicle  and  traffic law, as amended by chapter 43 of the laws of 2014,
    53  is amended to read as follows:

        S. 1508                            153                           A. 2008
 
     1    1. Notwithstanding any other provision of law, the city of New York is
     2  hereby authorized to establish a demonstration program imposing monetary
     3  liability on the owner of a vehicle for failure of an  operator  thereof
     4  to comply with posted maximum speed limits in a school speed zone within
     5  [the]  such  city (i) when a school speed limit is in effect as provided
     6  in paragraphs one and two of subdivision (c) of section  eleven  hundred
     7  eighty  of this article or (ii) when other speed limits are in effect as
     8  provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
     9  eighty  of  this  article during the following times: (A) on school days
    10  during school hours and one hour before and one hour  after  the  school
    11  day,  and (B) a period during student activities at the school and up to
    12  thirty minutes immediately before and up to thirty  minutes  immediately
    13  after  such student activities. Such demonstration program shall empower
    14  the city of New York to install photo speed violation monitoring systems
    15  within no more than [one hundred forty] two hundred ninety school  speed
    16  zones within [the] such city at any one time and to operate such systems
    17  within  such  zones  (iii)  when  a  school  speed limit is in effect as
    18  provided in paragraphs one and two of subdivision (c) of section  eleven
    19  hundred  eighty  of  this article or (iv) when other speed limits are in
    20  effect as provided in subdivision (b), (d), (f) or (g) of section eleven
    21  hundred eighty of this article during the following times: (A) on school
    22  days during school hours and one hour before  and  one  hour  after  the
    23  school day, and (B) a period during student activities at the school and
    24  up  to  thirty minutes immediately before and up to thirty minutes imme-
    25  diately after such student activities. In selecting a school speed  zone
    26  in  which  to  install  and  operate  a photo speed violation monitoring
    27  system, the city of New York shall consider criteria including, but  not
    28  limited  to  the  speed  data,  crash  history, and the roadway geometry
    29  applicable to such school speed zone. Such  city  shall  prioritize  the
    30  placement  of  photo  speed violation monitoring systems in school speed
    31  zones based upon speed data or the crash history of a school speed zone.
    32  A photo speed violation monitoring system  shall  not  be  installed  or
    33  operated  on  a  controlled-access  highway  exit  ramp  or within three
    34  hundred feet along a highway that continues from  the  end  of  a  cont-
    35  rolled-access highway exit ramp.
    36    §  2.  Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
    37  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    38  to read as follows:
    39    2. No photo speed violation monitoring  system  shall  be  used  in  a
    40  school speed zone unless (i) on the day it is to be used it has success-
    41  fully  passed a self-test of its functions; and (ii) it has undergone an
    42  annual calibration check performed pursuant to paragraph  four  of  this
    43  subdivision.  The  city  [may]  shall install signs giving notice that a
    44  photo speed violation monitoring system is  in  use  to  be  mounted  on
    45  advance  warning  signs notifying approaching motor vehicle operators of
    46  such upcoming school speed zone and/or on speed limit  signs  applicable
    47  within such school speed zone, in conformance with standards established
    48  in  the  MUTCD.    Such  advance warning signs shall also, to the extent
    49  authorized by the MUTCD, contain words "speed camera ahead"  and  be  no
    50  more  than three hundred feet from such photo speed violation monitoring
    51  system.
    52    § 3. Paragraph 4 of subdivision (c) of section 1180-b of  the  vehicle
    53  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    54  to read as follows:

        S. 1508                            154                           A. 2008
 
     1    4.  "school speed zone" shall mean a radial distance not to exceed one
     2  thousand three hundred twenty feet [on a highway passing] from a  school
     3  building, entrance, or exit [of a school abutting on the highway].
     4    § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
     5  as  added  by  chapter  189  of  the laws of 2013, is amended to read as
     6  follows:
     7    (n) If the city adopts a demonstration program pursuant to subdivision
     8  [one] (a) of this section it shall  conduct  [a]  an  annual  study  and
     9  submit a report on the results of the use of photo devices to the gover-
    10  nor, the temporary president of the senate and the speaker of the assem-
    11  bly  on or before June first, two thousand nineteen and on the same date
    12  in each succeeding year in which the demonstratable program is operable.
    13  Such report shall include:
    14    1. the locations where and dates when photo speed violation monitoring
    15  systems were used;
    16    2. the aggregate number, type and  severity  of  crashes,  fatalities,
    17  injuries  and  property  damage  reported  within all school speed zones
    18  within the city, to the extent the  information  is  maintained  by  the
    19  department of motor vehicles of this state;
    20    3.  the  aggregate  number,  type and severity of crashes, fatalities,
    21  injuries and property damage reported within school  speed  zones  where
    22  photo  speed  violation  monitoring systems were used, to the extent the
    23  information is maintained by the department of motor  vehicles  of  this
    24  state;
    25    4.  the  number  of  violations recorded within all school speed zones
    26  within the city, in the aggregate on a daily, weekly and monthly basis;
    27    5. the number of violations recorded within  each  school  speed  zone
    28  where  a  photo speed violation monitoring system is used, in the aggre-
    29  gate on a daily, weekly and monthly basis;
    30    6. the number of violations recorded within  all  school  speed  zones
    31  within the city that were:
    32    (i)  more  than  ten  but not more than twenty miles per hour over the
    33  posted speed limit;
    34    (ii) more than twenty but not more than thirty miles per hour over the
    35  posted speed limit;
    36    (iii) more than thirty but not more than forty miles per hour over the
    37  posted speed limit; and
    38    (iv) more than forty miles per hour over the posted speed limit;
    39    7. the number of violations recorded within  each  school  speed  zone
    40  where a photo speed violation monitoring system is used that were:
    41    (i)  more  than  ten  but not more than twenty miles per hour over the
    42  posted speed limit;
    43    (ii) more than twenty but not more than thirty miles per hour over the
    44  posted speed limit;
    45    (iii) more than thirty but not more than forty miles per hour over the
    46  posted speed limit; and
    47    (iv) more than forty miles per hour over the posted speed limit;
    48    8. the total number of notices  of  liability  issued  for  violations
    49  recorded by such systems;
    50    9.  the number of fines and total amount of fines paid after the first
    51  notice of liability issued for violations recorded by such systems;
    52    10. the number of violations adjudicated and the results of such adju-
    53  dications including  breakdowns  of  dispositions  made  for  violations
    54  recorded by such systems;
    55    11.  the  total  amount  of revenue realized by the city in connection
    56  with the program;

        S. 1508                            155                           A. 2008
 
     1    12. the expenses incurred by the city in connection with the  program;
     2  [and]
     3    13. the quality of the adjudication process and its results[.]; and
     4    14.  the effectiveness and adequacy of the hours of operation for such
     5  program to determine the impact on speeding violations and prevention of
     6  crashes.
     7    § 5. The opening paragraph of section 12 of chapter 43 of the laws  of
     8  2014,  amending the vehicle and traffic law, the public officers law and
     9  the general municipal law relating to photo speed  violation  monitoring
    10  systems  in  school  speed  zones in the city of New York, is amended to
    11  read as follows:
    12    This act shall take effect on the thirtieth day after  it  shall  have
    13  become  a  law [and]; provided that sections one through ten of this act
    14  shall expire 4 years after such effective date when upon such  date  the
    15  provisions  of  such  sections of this act shall be deemed repealed; and
    16  provided further that any rules necessary for the implementation of this
    17  act on its effective date shall be promulgated on or before such  effec-
    18  tive date, provided that:
    19    § 6. The opening paragraph of section 15 of chapter 189 of the laws of
    20  2013,  amending  the vehicle and traffic law and the public officers law
    21  relating to establishing in a city with a population of one  million  or
    22  more  a  demonstration  program  implementing speed violation monitoring
    23  systems in school speed zones by means of photo devices, is  amended  to
    24  read as follows:
    25    This  act  shall  take effect on the thirtieth day after it shall have
    26  become a law and shall expire [5 years after such  effective  date  when
    27  upon  such date the provisions of this act shall] and be deemed repealed
    28  July 1, 2022; and provided further that  any  rules  necessary  for  the
    29  implementation of this act on its effective date shall be promulgated on
    30  or before such effective date, provided that:
    31    §  7.  Photo  speed violation monitoring systems within the additional
    32  150 school speed zones authorized for the city of New York by  paragraph
    33  1  of  subdivision (a) of section 1180-b of the vehicle and traffic law,
    34  as amended by section one  of  this  act,  shall  be  authorized  to  be
    35  installed  over  the  3 year period following the effective date of this
    36  act as follows:
    37    (a) in no more than 50 school speed zones during the first such year;
    38    (b) in no more than 50 additional school speed zones during the second
    39  such year; and
    40    (c) in no more than 50 additional school speed zones during the  third
    41  such year.
    42    § 8. Subdivision (m) of section 1180-b of the vehicle and traffic law,
    43  as added by chapter 189 of the laws of 2013, is amended as follows:
    44    (m)  (i)  Nothing  in  this  section  shall  be construed to limit the
    45  liability of an operator of a vehicle for any violation  of  subdivision
    46  (c) or (d) of section eleven hundred eighty of this article.
    47    (ii)  Any penalties, monetary fines, or interest collected pursuant to
    48  this section, attributable to zones in  excess  of  one  hundred  forty,
    49  shall  be  paid  over  by  the fifteenth business day of each succeeding
    50  month to the New York city transit authority to support  capital  initi-
    51  atives for improvements to system safety.
    52    §  9.  Notwithstanding  the  provisions  of  article  5 of the general
    53  construction law, the provisions of:
    54    (a) paragraph (1) of subdivision (a) of section 1180-b of the  vehicle
    55  and  traffic  law,  as  amended  by  section  one of this act, is hereby

        S. 1508                            156                           A. 2008
 
     1  revived and shall be deemed to have been in full force and effect on and
     2  after July 25, 2018; and
     3    (b)  section  1180-b  of  the  vehicle  and traffic law, as amended by
     4  sections two, three, four and eight of this act, is hereby  revived  and
     5  shall  be  deemed  to  have  been  in full force and effect on and after
     6  August 30, 2018.
     7    § 10. This act shall take effect immediately; provided that the amend-
     8  ments to section 1180-b of the vehicle and traffic law made by  sections
     9  one,  two, three, four and eight of this act shall not affect the repeal
    10  of such section and shall be deemed  repealed  therewith;  and  provided
    11  further that the amendments to paragraph 2 of subdivision (a) of section
    12  1180-b  of  the  vehicle and traffic law made by section two of this act
    13  shall take effect on the ninetieth day after it shall have become a law.
 
    14                                   PART DD
 
    15    Section 1. Short title. This act shall be known and may  be  cited  as
    16  the "Gateway Development Commission Act".
    17    §  2.  Gateway  Development  Commission. 1.   Legislative findings and
    18  intent. The legislature finds and  declares:  that  the  states  of  New
    19  Jersey and New York and their respective citizens share a common concern
    20  to preserve the functionality and strengthen the resiliency of long-dis-
    21  tance  and commuter rail infrastructure between New Jersey and New York,
    22  including passenger rail infrastructure owned, controlled or utilized by
    23  the National Railroad Passenger Corporation,  also  known  as  "Amtrak";
    24  that  the two states and their respective citizens share the benefits of
    25  existing  interstate  passenger  rail  infrastructure  between  the  two
    26  states,  including  the  existing  North  River  tunnel; that interstate
    27  passenger rail service and infrastructure is vital to the  economies  of
    28  New Jersey and New York; that, because of the passage of time and damage
    29  caused  by  natural disasters, both states recognize the existing inter-
    30  state passenger rail infrastructure, including the existing North  River
    31  tunnel,  is  at  risk  of system failures that could result in prolonged
    32  service disruptions that would severely damage the economies of the  two
    33  states  and  many  other  participants  in  the economy of the northeast
    34  corridor; that both  states  recognize  the  urgent  need  to  undertake
    35  projects  necessary  to  create passenger rail capacity under the Hudson
    36  River, rehabilitate  passenger  rail  infrastructure,  maintain  current
    37  levels of long-distance and commuter rail service between the two states
    38  and  provide additional reliability, safety and security; that the citi-
    39  zens of both states will share the benefits  of  expanded  capacity  and
    40  rehabilitated  passenger rail infrastructure between the two states; and
    41  that there has been a long history of cooperation among state and  local
    42  governmental  entities,  Amtrak  and  various  private organizations and
    43  individuals in the two states to ensure the preservation of a variety of
    44  passenger rail service options.  The  legislature  therefore  determines
    45  that  there is a need to endorse and formalize that bi-state cooperative
    46  effort to help ensure that the functionality of long-distance and commu-
    47  ter rail infrastructure between New  Jersey  and  New  York  and  thence
    48  throughout  the  northeast corridor, is preserved and maintained for the
    49  benefit of the economy of New Jersey and New York and for the well-being
    50  of present and future generations of citizens in both states;  and  that
    51  the creation of a bi-state commission that shall be a body corporate and
    52  politic  established by the states of New Jersey and New York, acting in
    53  the public interest and exercising essential governmental functions,  is
    54  an appropriate means to accomplish these very important goals. It is the

        S. 1508                            157                           A. 2008
 
     1  intention  of  the legislature that the commission so created constitute
     2  an institution which has been established by the states to effectuate  a
     3  public  purpose  and  is  therefore eligible to apply for transportation
     4  assistance  from  the  United  States government, including the agencies
     5  thereof.
     6    2. Definitions. Except where different meanings are  expressly  speci-
     7  fied in subsequent provisions of this section, the following terms shall
     8  have the following meanings:
     9    (a) "Act" shall mean the Gateway Development Commission act.
    10    (b)  "Amtrak"  shall  mean  National Railroad Passenger Corporation, a
    11  corporation organized under 49 U.S.C. § 24101 et. Seq. and the  laws  of
    12  the District of Columbia.
    13    (c) "Board" means the board of commissioners of the commission.
    14    (d)  "Commission"  shall mean the gateway development commission which
    15  is established pursuant to this act.
    16    (e) "Facilitate" shall mean the planning, designing, financing, acqui-
    17  sition,  development,  redevelopment,  expansion,  construction,  recon-
    18  struction,  replacement,  lease, leaseback, licensing, asset management,
    19  optimization, rehabilitation, repair,  alteration,  improvement,  exten-
    20  sion,  management,  ownership,  use  and  effectuation  of  the  matters
    21  described in this act. "Facilitation" shall have a concomitant meaning.
    22    (f) "Full Funding" shall mean the date on which the sum of commitments
    23  to fund, from sources deemed by the commission to be creditworthy,  plus
    24  commission  cash-on-hand,  plus any institution of a tariff or an agree-
    25  ment to impose user fees not subject to further approvals (if any), plus
    26  such other sources of funding deemed certain to be available as and when
    27  required, by the commission as at  the  date  first  so  considered,  is
    28  sufficient to facilitate the project.
    29    (g)  "Meeting"  means  any gathering, whether corporeal or by means of
    30  communication equipment, which is attended by, or open  to,  the  board,
    31  held  with  the intent, on the part of the commissioners present, to act
    32  as a unit upon the specific public business of the commission. "Meeting"
    33  does not mean a gathering (i) attended by less than a quorum of  commis-
    34  sioners;  (ii)  in  which the board is engaged in ordinary course super-
    35  vision of commission staff; (iii) in which consideration  of  commission
    36  business  matters  are informally discussed without the intent or effect
    37  of effectuating any action of the commission; or  (iv)  attended  by  or
    38  open  to  all  the  members  of three or more similar public bodies at a
    39  convention or similar gathering.
    40    (h) "Project" shall mean the facilitation of a passenger  rail  trans-
    41  portation  project  between  Penn  Station,  Newark, New Jersey and Penn
    42  Station, New York, New  York  currently  referred  to  as  the  "Gateway
    43  Program".
    44    (i)  "Public business" means matters which relate in any way, directly
    45  or indirectly, to the performance of the functions of the commission  or
    46  the conduct of its business.
    47    3.  Creation  of the commission; purposes. There is hereby created the
    48  Gateway Development Commission, a body corporate and politic established
    49  by the states of New Jersey and New York, which shall be  deemed  to  be
    50  acting  in the public interest and exercising essential government func-
    51  tions in taking action hereunder and which shall be a  public  authority
    52  and  a  government  sponsored  authority. The purposes of the commission
    53  shall include the following:
    54    (a) facilitate the project;
    55    (b) coordinate activities of governmental entities, Amtrak and private
    56  entities providing assistance to the project or otherwise regulating the

        S. 1508                            158                           A. 2008
 
     1  project, with a view to achieving full funding, and encourage and enable
     2  such parties to participate in the effectuation of the project;
     3    (c)  act as a coordinating agency to arrange for cooperation among the
     4  federal government, the states of New Jersey and  New  York,  any  local
     5  government  thereof, any agency, instrumentality, department, commission
     6  or authority of any one or more of the foregoing, any  bi-state  agency,
     7  Amtrak,  any  individual or private firm, entity or corporation, or with
     8  any one or more of them (including by contract among the  parties),  for
     9  and  in  connection  with the facilitation of the project for any of the
    10  purposes of this act, and to enter into an agreement or agreements  (and
    11  from time to time to enter into agreements amending or supplementing the
    12  same)  with  the  federal  government,  the states of New Jersey and New
    13  York, any local government thereof, any agency, instrumentality, depart-
    14  ment, commission or authority of any one or more of the  foregoing,  any
    15  bi-state  agency,  Amtrak,  any  individual  or  private firm, entity or
    16  corporation, or with any one or more of them, for or  relating  to  such
    17  purposes, including but not limited to agreements with respect to finan-
    18  cial  assistance, loans, grants or any other funding as may be available
    19  for the project. The commission  is  hereby  intended  to  qualify  for,
    20  authorized, and empowered to apply for and accept, financial assistance,
    21  loans,  grants  or  any  other  funding for such purposes under federal,
    22  state or local laws, and to make application directly to the appropriate
    23  officials or agencies for the application for and  receipt  of  federal,
    24  state  or local assistance, loans, grants or any other funding in aid of
    25  any of the purposes of this act;
    26    (d) pursue efforts with Amtrak  and  other  third  parties  to:    (i)
    27  achieve greater coordination between intercity and commuter rail passen-
    28  ger  transportation;  (ii) identify sources of funding to share the cost
    29  of providing rail passenger transportation developed in connection  with
    30  the project, including the cost of operating facilities; and (iii) carry
    31  out strategies to achieve safe and efficient intercity and commuter rail
    32  passenger transportation;
    33    (e)  take  any and all actions authorized by this act which are or may
    34  be necessary or appropriate to constitute  and  maintain  itself  as  an
    35  applicant  eligible  to  qualify  to  apply for and be awarded financial
    36  assistance, loans, grants or other funding as may be available  for  the
    37  project,  including that awarded by federal, state and local governments
    38  and the agencies thereof; and
    39    (f) facilitate the project by making  and  enforcing  such  rules  and
    40  regulations  and  establishing, levying and collecting such tolls, fees,
    41  rates, charges and rentals in connection with the project or any portion
    42  thereof, as it may deem necessary  or  appropriate,  which  said  tolls,
    43  fees,  rates,  charges  and  rentals  shall  not be established at rates
    44  intended to be greater than  necessary  to  meet  the  expenses  of  the
    45  financing,  construction, asset management and optimization thereof, and
    46  to provide for the payment of, with interest upon, and the  amortization
    47  and  retirement  of  bonds  or other securities or obligations issued or
    48  incurred  for  project  purposes,  including  establishment  of  prudent
    49  reserves, and provided that such tolls, fees, rates, charges and rentals
    50  do  not  conflict with applicable federal law and the laws of the states
    51  of New Jersey and New York.
    52    4. Board of commissioners.   (a) The commission shall  act  through  a
    53  vote of its three commissioners: one of which will be directly appointed
    54  by  the commissioner of the New York state department of transportation;
    55  one of which will be directly appointed by the board of directors of the
    56  New Jersey transit corporation;  and  one  of  which  will  be  directly

        S. 1508                            159                           A. 2008

     1  appointed  by Amtrak. The commissioner appointed by Amtrak will serve to
     2  represent Amtrak's interest, as owner-operator or user of the  northeast
     3  corridor, in the work to be undertaken by the commission.
     4    (b)  The  commission's  initial commissioners shall be the individuals
     5  serving as trustees of the Gateway Program  Development  Corporation,  a
     6  New  Jersey non-profit corporation, at the time of the effective date of
     7  this  act.    The  Gateway  Program  Development  Corporation   trustees
     8  appointed by New Jersey and New York shall each serve an initial term as
     9  commissioners of the commission expiring on December 31, 2019. The Gate-
    10  way  Program  Development  Corporation trustee appointed by Amtrak shall
    11  serve an initial term as commissioner  of  the  commission  expiring  on
    12  December  31,  2021.  Aside from the commission's initial commissioners,
    13  all other commissioners shall serve for a term of three years.
    14    (c) At the conclusion of a commissioner's term, including  an  initial
    15  commissioner's  term,  the commissioner may be reappointed for a succes-
    16  sive three year term  at  the  pleasure  of  the  party  who  originally
    17  appointed  that  commissioner, or in the case of the initial commission-
    18  ers, the party who originally appointed that individual as a trustee  of
    19  the  Gateway Program Development Corporation. A commissioner shall auto-
    20  matically continue to serve following the expiration of his term until a
    21  successor is appointed in accordance with paragraph (a) of this subdivi-
    22  sion and seated.
    23    (d) In the event that a commissioner ceases to serve before the stated
    24  expiration of his term, the party that originally appointed the  commis-
    25  sioner  may  appoint  a  replacement  to  serve out the remainder of the
    26  replaced commissioner's term and thereafter, the vacancy shall be filled
    27  as provided for in paragraph (a) of this subdivision.
    28    (e) Commissioners shall serve without compensation, but the commission
    29  may, within the limits of funds appropriated or otherwise made available
    30  to it, reimburse commissioners for actual expenses necessarily  incurred
    31  in the discharge of their official duties.
    32    (f) The commissioner from the state of New Jersey and the commissioner
    33  from  state  of New York shall be indemnified by the state of New Jersey
    34  and the state of New York, respectively, to  the  same  extent  as  such
    35  state indemnifies a public officer for any claim or judgment arising out
    36  of such public officer's official duties.
    37    5.  Organization  of  the commission; meetings.  (a) The commissioners
    38  shall select a chairperson. The chairperson shall be  elected  from  the
    39  representatives  of  New  Jersey and New York, and shall hold office for
    40  one year. The initial chairperson shall  be  the  commissioner  who  was
    41  serving  as  chairperson of the board of trustees of the Gateway Program
    42  Development Corporation whose term as chairperson shall  continue  until
    43  the  earlier  to occur of (i) the date on which such commissioner's term
    44  as the Gateway Program Development Corporation  chairperson  would  have
    45  expired; or (ii) the date on which that commissioner is otherwise termi-
    46  nated  as a commissioner.  Thereafter, the commissioner appointed by the
    47  state which did not appoint the initial  chairperson  shall  succeed  as
    48  chairperson.  The  chairpersonship  shall  be alternated between the two
    49  states. The commissioner appointed by Amtrak shall serve as  vice-chair-
    50  person.
    51    (b) The commission shall meet regularly as it may determine.  Meetings
    52  of  the  commission shall be held at such times and places as the chair-
    53  person of the commission deems appropriate, but to  the  maximum  extent
    54  practicable and feasible, meetings shall be held on an alternating basis
    55  in New Jersey and New York.

        S. 1508                            160                           A. 2008
 
     1    (c) The powers of the commission may be exercised by the commissioners
     2  at  a  meeting  duly called and held where a quorum of all three commis-
     3  sioners are present; provided, however, that  in  the  event  a  vacancy
     4  remains  for  ninety days, the powers of the commission may be exercised
     5  by the commissioners at a meeting duly called and held where all remain-
     6  ing  commissioners  are  present.    Action may be taken and motions and
     7  resolutions adopted by the commission at any meeting thereof  by  unani-
     8  mous  affirmative  vote  of  the  commissioners. The commissioners shall
     9  adopt bylaws providing for attendance protocols, voting  procedures  and
    10  other matters related to the conduct of the business of the commission.
    11    (d)  The  commission  may  request the assistance and services of such
    12  employees and agents as it may require and as may be made  available  to
    13  it  for  the  purpose  of  carrying out its duties under this act, which
    14  agents may include private consultants and persons employed by or acting
    15  as a consultant for the federal government, the states of New Jersey and
    16  New York or any local government thereof, any  agency,  instrumentality,
    17  department, commission or authority of any one or more of the foregoing,
    18  any  bi-state agency, or of Amtrak, and each such government and enumer-
    19  ated party is authorized to provide any such assistance and services  to
    20  the commission.
    21    (e)  The  commission  may,  within the limits of funds appropriated or
    22  otherwise made available to it for those purposes, employ  such  profes-
    23  sional,  technical,  clerical  staff  and  consultants  and  incur  such
    24  expenses as it may deem necessary or appropriate in order to perform its
    25  duties.
    26    (f) The legislature finds and declares that the right of the public to
    27  be present at meetings of the commission, and to  witness  the  deliber-
    28  ation,  policy  formulation,  and  decision making of the commission, is
    29  vital to the enhancement and proper functioning of the democratic  proc-
    30  ess,  and  that  secrecy  in  public affairs undermines the faith of the
    31  public in government and the public's effectiveness  in  fulfilling  its
    32  role in a democratic society; and declares it to be the public policy of
    33  this  state to ensure the right of its citizens to have adequate advance
    34  notice of and the right to attend all  meetings  of  the  commission  at
    35  which any public business is acted upon in any way, except only in those
    36  circumstances where the public interest would be clearly endangered, the
    37  relevant  matters  are made confidential by federal or state law, or the
    38  personal privacy of individuals would be clearly  in  danger  of  unwar-
    39  ranted invasion.
    40    (g)  The  commission  shall  adopt  and promulgate appropriate bylaws,
    41  rules and regulations concerning the right of the public to  be  present
    42  at  meetings of the commission and to obtain records of the commission's
    43  activities or public business. Any rules or  regulations  adopted  here-
    44  under shall become a part of the minutes of the commission and be posted
    45  on its website.
    46    6.  Duties of the commission. The duties of the commission shall be to
    47  use its efforts to accomplish, at such times as it is appropriate to  do
    48  so,  the following actions, provided that the commission shall not be in
    49  dereliction of its duties so long as it acts in good faith to accomplish
    50  such:
    51    (a) make appropriate application  for,  and  act  as  a  coordinating,
    52  distributing,  or recipient agency for, federal, state, or private fund-
    53  ing and  authorizations  necessary  or  appropriate  to  facilitate  the
    54  project;
    55    (b)  cooperate  with  other  agencies  or  authorities  or departments
    56  (federal, state, local, and bi-state), Amtrak  and  private  parties  to

        S. 1508                            161                           A. 2008
 
     1  facilitate  the project, including entering into agreements specifying a
     2  party's rights and obligations with respect to the project, to create  a
     3  project capable of achieving long-term stability and full funding, with-
     4  out  obligating  the  full  faith  and credit of the federal government,
     5  either state or any local government thereof or any other party,  except
     6  as explicitly authorized by any party empowered by law to do so;
     7    (c) adopt bylaws to govern the conduct of its affairs, and adopt rules
     8  and  regulations,  including  a  conflict of interest policy and code of
     9  ethics for commissioners and officers of the commission, and make appro-
    10  priate orders to carry out and discharge its powers,  duties  and  func-
    11  tions;
    12    (d)  expend  such funds as are required to effectuate the purposes set
    13  forth above and, until expenditure is required, to hold and invest funds
    14  as a prudent fiduciary under the laws of the states;
    15    (e) recommend appropriate federal, state and local  government  legis-
    16  lation and agency administrative action pertaining to the project;
    17    (f) within 18 months of the date the commission organizes and not less
    18  than  annually  thereafter, prepare a progress report on its activities,
    19  and submit it, together with any  recommendations  for  state  or  local
    20  government  legislation or agency administrative action to the governor,
    21  the temporary president of the senate and the speaker of  the  assembly;
    22  and
    23    (g)  take  such  other  action  as  may be necessary or appropriate to
    24  further the purposes of this act.
    25    7. Powers of the commission.  The commission shall have the  power  to
    26  undertake the following:
    27    (a)  facilitate  the  project,  including, but not limited to, through
    28  contracts and agreements and other documents and instruments  which  the
    29  commission  is  otherwise  authorized  to  make, enter into, execute and
    30  deliver, provided, however, that  the  commission  shall  not  have  the
    31  authority  to operate or directly engage in transportation services such
    32  that the commission would be subject to the jurisdiction of the  federal
    33  surface transportation board;
    34    (b)  sue  and  be  sued in its own name in federal and state courts in
    35  Mercer county, New Jersey and New York county, New York, it being under-
    36  stood that the commissioners shall have no obligation or  liability  for
    37  the acts or omissions of the commission;
    38    (c) accept, receive, disburse, encumber and expend funds from whatever
    39  source  derived,  including,  without  limitation,  federal  assistance,
    40  grants and loans; state and  local  government  assistance,  grants  and
    41  loans;  single  state  or  bi-state agency assistance, grants and loans;
    42  private sources, grants and loans; and Amtrak grants and loans, in  each
    43  case  as  may  be  necessary  to accomplish any lawful purpose which the
    44  commissioners determine will facilitate the project  and  achieve  long-
    45  term stability and full funding;
    46    (d)   acquire,  including,  without  limitation,  by  gift,  purchase,
    47  exchange or condemnation in accordance with  the  requirements  of  this
    48  act,  subdivide,  lease,  license,  take  and  hold  property  of  every
    49  description and to manage such  property  and  develop  any  undeveloped
    50  property  owned,  leased  or  controlled  by it in a manner necessary or
    51  appropriate to facilitate the project;
    52    (e) make, procure, enter  into,  execute  and  deliver  contracts  and
    53  agreements  and  other  documents and instruments as may be necessary or
    54  appropriate to carry out any power of the commission under this act  and
    55  to  otherwise  accomplish  any  lawful  purpose  which the commissioners
    56  determine will facilitate the project,  including,  without  limitation,

        S. 1508                            162                           A. 2008
 
     1  with the federal government, the states of New Jersey and New York, with
     2  any  local government thereof, with any agency, instrumentality, depart-
     3  ment, commission or authority of any one or more of the  foregoing,  any
     4  bi-state  agency,  Amtrak,  any  individual  or  private firm, entity or
     5  corporation, or with any one or more of them;
     6    (f) make applications for and accept funding, permits,  authorizations
     7  and  approvals  as  may  be  necessary  or appropriate to accomplish any
     8  lawful purpose which the commissioners  determine  will  facilitate  the
     9  project, including, without limitation, with the federal government, the
    10  states  of  New  Jersey and New York, with any local government thereof,
    11  with any agency, instrumentality, department, commission or authority of
    12  any one or more of the foregoing, any bi-state agency, Amtrak, any indi-
    13  vidual or private firm, entity or corporation, or with any one  or  more
    14  of them;
    15    (g)  grant  public  and  private  entities the use of the project or a
    16  portion thereof by  way  of  franchise,  license,  lease  or  otherwise,
    17  provide  for  payments  to  and  accept  payments  from such entities in
    18  exchange for value received from such use, work or services performed or
    19  otherwise and to establish or agree with project users on  tolls,  fees,
    20  rates,  charges,  revenue  sharing  and  rentals  for  the  use thereof,
    21  provided that such tolls, fees,  rates,  charges,  revenue  sharing  and
    22  rentals  do not conflict with applicable federal law and the laws of the
    23  states of New Jersey and New York, and provided further that the commis-
    24  sion shall not have the authority to set passenger fares for  Amtrak  or
    25  any publicly owned and operated passenger service utilizing the project;
    26    (h)  adopt  its  own  public procurement rules and guidelines that the
    27  commission deems necessary or  appropriate  to  facilitate  the  project
    28  through  any combination of means and methods otherwise available to the
    29  commission under this act, regardless of  whether  such  combination  is
    30  generally  available to the states of New Jersey and New York, any local
    31  government thereof, any agency, instrumentality, department,  commission
    32  or  authority of any one or more of the foregoing, or any bi-state agen-
    33  cy, and engage and contract with third parties in accordance  with  such
    34  procurement rules and guidelines;
    35    (i)  dispose  of, convey or transfer all or any portion of the project
    36  for value as may be expeditious for the facilitation of the project,  so
    37  long  as it has determined that the transferee has or is provided with a
    38  sufficient source of financing to acquire, operate, maintain and own the
    39  project;
    40    (j) issue and guarantee bonds, notes  or  other  evidence  of  indebt-
    41  edness,  enter into loan agreements and otherwise borrow funds, or incur
    42  indebtedness or other  future  payment  obligations  for  any  corporate
    43  purpose,  including  to  effectuate full funding, and to assign, pledge,
    44  mortgage, secure, encumber and  use  its  funds,  assets,  property  and
    45  revenues  for repayment thereof, to be payable out of the funds, assets,
    46  properties and revenues of the commission without recourse to  taxation,
    47  provided  that  the  commission  shall  have no power to pledge the full
    48  faith and credit of the federal government, either state  or  any  local
    49  government  thereof,  or of Amtrak or the Port Authority of New York and
    50  New Jersey in connection with the project, or to impose  any  obligation
    51  for  payment  of  the bonds upon the federal government, either state or
    52  any local government thereof, or of Amtrak or the Port Authority of  New
    53  York  and  New  Jersey,  in  each  case except as set forth in a binding
    54  agreement, or to otherwise commit any party to incur  any  liability  in
    55  excess  of  its  contractual obligations in connection with the project,
    56  and provided further that  neither  the  commissioners  nor  any  person

        S. 1508                            163                           A. 2008
 
     1  executing  any  bonds  issued  or  guaranteed by the Commission shall be
     2  liable personally on such bonds or be subject to any personal  liability
     3  or accountability by reason of the issuance thereof;
     4    (k)  acquire  and  hold  securities  for  investment  purposes  or  in
     5  connection with the facilitation of the project;
     6    (l) appoint, employ,  contract  with  and  compensate  such  officers,
     7  employees  and  agents,  including  engineers,  attorneys,  consultants,
     8  financial advisors and such other persons or entities as the business of
     9  the commission may require and to  engage  and  dismiss  such  officers,
    10  employees and agents at will, and fix and provide for the qualification,
    11  appointment, removal, term, tenure, compensation, pension and retirement
    12  rights of its officers and employees;
    13    (m)  obtain  insurance  as  the  commission  may deem advisable and to
    14  create a captive insurer to self-insure risk as  deemed  appropriate  by
    15  the commission;
    16    (n)  cooperate  with  the federal government, the states of New Jersey
    17  and New York, with  any  local  government  thereof,  with  any  agency,
    18  instrumentality,  department, commission or authority of any one or more
    19  of the foregoing, any bi-state agency, Amtrak, any individual or private
    20  firm, entity or corporation, or  with  any  one  or  more  of  them,  in
    21  connection  with  the  project, and to enter into an agreement or agree-
    22  ments, notwithstanding any other provision of law of the states,  gener-
    23  al,  special,  charter  or  local, with the federal government, with the
    24  states of New Jersey and New York, with any  local  government  thereof,
    25  with any agency, instrumentality, department, commission or authority of
    26  any one or more of the foregoing, any bi-state agency, Amtrak, any indi-
    27  vidual  or  private firm, entity or corporation, or with any one or more
    28  of the same for or relating to the project;
    29    (o) indemnify individuals and  entities  to  the  extent  required  to
    30  facilitate the project;
    31    (p)  establish  or  acquire subsidiaries as required to facilitate the
    32  project;
    33    (q) utilize the existing labor force in the states  and  foster  labor
    34  harmony in allowing for adoption of efficient labor work rules and prac-
    35  tices during construction of the project; and
    36    (r)  exercise  all  other powers as may be necessary or appropriate in
    37  furtherance of, and consistent with, the purposes of this act.
    38    8. Exemption from taxes, local  laws.  (a)  The  commission  shall  be
    39  performing essential governmental functions in exercising its powers and
    40  functions  and in carrying out the provisions of this act and of any law
    41  relating thereto, and shall not be required to pay any taxes or  assess-
    42  ments  of  any character, levied by either state or any local government
    43  thereof, upon any of the property used by it or its agents  or  contrac-
    44  tors for the facilitation of the project, or any income or revenue ther-
    45  efrom,  including  any  profit  from  a  sale,  lease or exchange, or in
    46  connection with the transfer thereof or of any  real  property  interest
    47  therein.  Any  bonds  or other securities   or obligations issued by the
    48  commission, their transfer and the interest paid thereon or income ther-
    49  efrom, including any profit from a sale or exchange, shall at all  times
    50  be free from taxation by either state or any subdivision thereof.
    51    (b) The commission shall, as a matter of policy, conform to the enact-
    52  ments,  ordinances, resolutions and regulations of the respective states
    53  and local governments where the project is  located  in  regard  to  the
    54  construction  and maintenance of the project and in regard to health and
    55  fire protection which would be  applicable  if  the  commission  were  a
    56  private  corporation, to the extent that the commission finds it practi-

        S. 1508                            164                           A. 2008
 
     1  cable so to do, without interfering with,  impairing  or  affecting  the
     2  efficiency  of its purposes under this act, or its ability to effectuate
     3  the project upon a self-supporting basis, or its obligations, duties and
     4  responsibilities  to  the  two  states, its bondholders, if any, and the
     5  general public, but the decision of the commission as to whether  it  is
     6  practicable  so  to do shall be controlling. To that end, the commission
     7  shall submit copies of plans and specifications for buildings and struc-
     8  tures to the appropriate state and local government officials and  shall
     9  consult with them with respect thereto, and shall receive their comments
    10  and  suggestions thereon, but the commission shall make the final deter-
    11  mination as to which comments and suggestions to accept in  effectuating
    12  the project.
    13    (c)  The  commission  is  hereby  authorized  and  empowered,  in  its
    14  discretion, to enter into a voluntary agreement or agreements  with  any
    15  local  government whereby the commission may undertake to pay in lieu of
    16  taxes a fair and reasonable sum, if any, annually in connection with any
    17  real property acquired and owned  by  the  commission  for  any  of  the
    18  purposes  of  this  act,  and  to provide for the payment as a rental or
    19  additional rental charge by any person occupying  any  portion  of  such
    20  real property as lessee, vendee or otherwise of such fair and reasonable
    21  sum,  provided  that  in  no event shall any voluntary agreement entered
    22  into by the commission provide for the payment of an amount in  lieu  of
    23  taxes in excess of the amount last paid as taxes upon such real property
    24  prior to the time of its acquisition by the commission.
    25    (d)  Notwithstanding  any  other  provision  of law, general, special,
    26  charter or  local,  each  local  government  is  hereby  authorized  and
    27  empowered  to  enter  into such agreement or agreements with the commis-
    28  sion, and to accept the payment or  payments  which  the  commission  is
    29  hereby  authorized  and  empowered  to make, and the sums so received by
    30  such local government shall be devoted to purposes to which taxes may be
    31  applied in all affected taxing jurisdictions unless and until  otherwise
    32  directed by law of the state in which such local government is located.
    33    §  3.  Subdivisions  1,  2 and 3 of section 14-c of the transportation
    34  law, as added by chapter 639 of the laws of 1971, are amended to read as
    35  follows:
    36    1. The department of transportation may cooperate  and  contract  with
    37  the  national  railroad passenger corporation or the gateway development
    38  commission for any intercity rail passenger services  deemed  necessary,
    39  convenient  or  desirable by the commissioner, within the amounts avail-
    40  able by appropriation therefor, as  such  services  are  made  available
    41  pursuant to the provisions of the rail passenger service act of nineteen
    42  hundred seventy and any acts amendatory or supplemental thereto, subject
    43  to  the approval of the director of the budget or pursuant to reimburse-
    44  ment available from the gateway  development  commission,  any  railroad
    45  company,  any  other state or agency, the federal government, any public
    46  authority of this state or any other state or two or more states, or any
    47  political subdivision or municipality of the state.  Notwithstanding any
    48  inconsistent law, general, special or local, the commissioner, as  funds
    49  are  made  available  for  the  purposes  hereof, is hereby empowered to
    50  contract with such corporation or the gateway development commission and
    51  to do all other things necessary, convenient or desirable on  behalf  of
    52  the  state  to  secure the full benefits available under and pursuant to
    53  such act and any other federal act which provides funding for  intercity
    54  rail  passenger services, and to contract and do all other things neces-
    55  sary as hereinafter provided on behalf of the state to effect [the]  and
    56  facilitate  intercity rail passenger [service program] services which he

        S. 1508                            165                           A. 2008
 
     1  determines is necessary, convenient or desirable; provided  that  activ-
     2  ities  with the gateway development commission shall be limited to those
     3  which advance the purposes described in the chapter of the laws  of  two
     4  thousand  nineteen  that  created the gateway development commission and
     5  shall be contingent on the commissioner entering into an agreement  with
     6  the  gateway  development  commission,  approved  in accordance with the
     7  chapter of the laws of two thousand nineteen that created  such  commis-
     8  sion.
     9    2.  The  commissioner  shall  coordinate  the intercity rail passenger
    10  activities of the state and other interested public and  private  organ-
    11  izations  and  persons  to  effectuate  the purposes of this section and
    12  shall have the responsibility for negotiating with the  federal  govern-
    13  ment  with  respect to intercity rail passenger service programs, except
    14  to the extent responsibility is  delegated  by  legislation  to  another
    15  agency, instrumentality, any public authority of this state or any other
    16  state  or  two  or  more states, or any political subdivision or munici-
    17  pality of the state for one or more of such activities.  The commission-
    18  er is authorized to enter into  joint  service  agreements  between  the
    19  state  and  any  railroad company, any other state department or agency,
    20  the federal government, the Canadian government,  any  other  state,  or
    21  agency or instrumentality thereof, any public authority of this state or
    22  any  other  state or two or more states, or any political subdivision or
    23  municipality of the state, relating to property, buildings,  structures,
    24  facilities,  services,  rates, fares, classifications, dividends, allow-
    25  ances or charges (including charges  between  intercity  rail  passenger
    26  service  facilities), or rules or regulations pertaining thereto, for or
    27  in connection with or incidental to transportation in part  upon  inter-
    28  city rail passenger service facilities. Intercity rail passenger service
    29  facilities  include  the right of way and related trackage, rails, cars,
    30  locomotives, or other rolling stock, signal, power, fuel,  communication
    31  and  ventilation  systems,  power  plants, stations, terminals, tunnels,
    32  storage yards, repair and maintenance shops, yards, equipment and parts,
    33  offices and other real estate or personnel used or  held  for  or  inci-
    34  dental  to  the operation, rehabilitation or improvement of any railroad
    35  operating intercity rail passenger service or to operate  such  service,
    36  including but not limited to buildings, structures, and rail property.
    37    3. [The] Notwithstanding any other provision of law, general, special,
    38  charter  or  local, the commissioner may on such terms and conditions as
    39  he  may  determine  necessary,  convenient  or   desirable,   establish,
    40  construct,  effectuate,  operate, maintain, renovate, improve, extend or
    41  repair any such intercity rail passenger service facility or any related
    42  services and activities, or may provide for such by contract,  lease  or
    43  other  arrangement on such terms as the commissioner may deem necessary,
    44  convenient or desirable with any agency, corporation or person,  includ-
    45  ing  but  not  limited  to  any  railroad company, any state agency, the
    46  federal government, the Canadian government, any other state  or  agency
    47  or  instrumentality  thereof,  any public authority of this or any other
    48  state or two or more states, or any  political  subdivision  or  munici-
    49  pality of the state.
    50    §  4.  Notwithstanding  any  other provision of law of New York or New
    51  Jersey, general, special, charter or local, each state and local govern-
    52  ment, any agency, instrumentality, department, commission  or  authority
    53  thereof  and  any bi-state agency are hereby authorized and empowered to
    54  cooperate with, aid  and  assist  the  commission  in  effectuating  the
    55  provisions of this act, as it may be amended or supplemented hereafter.

        S. 1508                            166                           A. 2008
 
     1    §  5.  Upon  the concurrence of the state of New Jersey, the states of
     2  New Jersey and New York consent to suits, actions or proceedings of  any
     3  form  or  nature at law, in equity or otherwise including proceedings to
     4  enforce arbitration agreements, against the Gateway Development  Commis-
     5  sion, and to appeals therefrom and reviews thereof, except as hereinaft-
     6  er provided. The foregoing consent does not extend to (a) suits, actions
     7  or  proceedings upon any causes of action whatsoever accruing before the
     8  effective date of this act; (b) suits, actions or proceedings  upon  any
     9  causes of action whatsoever, upon, in connection with, or arising out of
    10  any contract, express or implied, entered into or assumed by or assigned
    11  to  the Gateway Development Commission before the effective date of this
    12  act (including any supplement to, or amendment, extension or renewal  of
    13  any  such  contract,  even  if  such supplement, amendment, extension or
    14  renewal is made on or after the effective date of this act),  regardless
    15  of  whether  such cause of action accrued before or after that date; (c)
    16  civil suits, actions or proceedings for the recovery of statutory penal-
    17  ties; and (d) suits, actions or proceedings  for  judgments,  orders  or
    18  decrees  restraining,  enjoining  or  preventing the Gateway Development
    19  Commission from committing or continuing to  commit  any  act  or  acts,
    20  other  than suits, actions or proceedings by the attorney general of New
    21  Jersey or by the attorney general of New York, each of  whom  is  hereby
    22  authorized  to  bring  such  suits, actions or proceedings in his or her
    23  discretion on behalf of any person or persons  whatsoever  who  requests
    24  him or her to do so, except in the cases otherwise excluded by this act;
    25  provided,  that  in  any  such  suit, action or proceeding, no judgment,
    26  order or decree shall be entered except upon at least  two  days'  prior
    27  written  notice  to  the  Gateway Development Commission of the proposed
    28  entry thereof.
    29    The Gateway Development Commission shall be immune from  liability  as
    30  though  it  were  the  state of New York, except to the extent that such
    31  immunity is waived by the state of New York under section 8 of  the  New
    32  York Court of Claims Act.
    33    § 6. Severability. (a) If any provision of this act or the application
    34  thereof  to any person or circumstance is held invalid, including as not
    35  in accordance with federal law or federal  constitutional  requirements,
    36  such invalidity shall not affect other provisions or applications of the
    37  act  which can be given effect without the invalid provision or applica-
    38  tion and to this end the provisions of  this  act  are  declared  to  be
    39  severable.
    40    (b)  The  provisions of this act, and the powers vested in the Gateway
    41  Development Commission, shall be liberally construed to give  effect  to
    42  the purposes of this act.
    43    § 7. (a) This act shall take effect upon the enactment into law by the
    44  state  of New Jersey of legislation having an identical effect with this
    45  act, but if the state of New Jersey  shall  have  already  enacted  such
    46  legislation,  this  act shall take effect immediately; provided that the
    47  state of New Jersey shall notify the legislative bill  drafting  commis-
    48  sion  upon  the  occurrence of the enactment of the legislation provided
    49  for in this act in order that the commission may  maintain  an  accurate
    50  and  timely  effective data base of the official text of the laws of the
    51  state of New York in  furtherance  of  effectuating  the  provisions  of
    52  section  44  of the legislative law and section 70-b of the public offi-
    53  cers law; and
    54    (b) the Gateway Development  Commission  shall  dissolve  following  a
    55  joint determination by the governors of New Jersey and New York that the
    56  transportation  project  has  been completed or should be transferred to

        S. 1508                            167                           A. 2008
 
     1  another agency, instrumentality or entity and (i)  any  bonds  or  other
     2  securities  issued and any other debt incurred for such project purposes
     3  have been repaid or arrangements have been made to ensure such repayment
     4  in  full  and  (ii) Amtrak is not unduly prejudiced by such dissolution;
     5  provided that the Gateway Development Commission shall notify the legis-
     6  lative bill drafting commission upon  the  occurrence  of  the  intended
     7  dissolution  in  order  that the commission may maintain an accurate and
     8  timely effective data base of the official text of the laws of the state
     9  of New York in furtherance of effectuating the provisions of section  44
    10  of the legislative law and section 70-b of the public officers law.
 
    11                                   PART EE
 
    12    Section  1.  The  public  authorities  law  is amended by adding a new
    13  section 1279-e to read as follows:
    14    § 1279-e. Assignment, transfer, sharing or consolidating powers, func-
    15  tions or activities.  1. Notwithstanding any provision of this title  or
    16  any  other  provision  of  law, general, special or local, the authority
    17  may, in whole or in part, assign, transfer, share,  or  consolidate  any
    18  one  or  more  of  its  powers,  duties,  functions or activities or any
    19  department, division or office established therewith, or any of those of
    20  its subsidiaries, or affiliates or their subsidiaries, within or between
    21  itself, its subsidiaries or affiliates or their subidiaries, in a manner
    22  consistent with the provisions of this section.
    23    2. Any such assignment, transfer, sharing, or  consolidation  pursuant
    24  to  this section shall occur only if approved by resolution of the board
    25  of the authority, serving on behalf of the authority  and  any  affected
    26  subsidiary  or affiliate or their subsidiary, adopted by not less than a
    27  majority vote of the whole number of members of the  authority  then  in
    28  office,  with  the chairman having one additional vote in the event of a
    29  tie vote.
    30    3. Pursuant to this section, any such assigning,  transferring,  shar-
    31  ing,  or  consolidating of powers, duties, functions or activities shall
    32  not be authorized where it would impair any rights and remedies  of  any
    33  holders  of  notes,  bonds or other obligations issued by or violate any
    34  duly executed labor  agreements  entered  into  by  the  authority,  its
    35  subsidiaries, or affiliates or their subsidiaries.
    36    § 2. This act shall take effect immediately.
 
    37                                   PART FF
 
    38    Section  1. Paragraphs (b-1) and (c-3) of subdivision 2 of section 503
    39  of the vehicle and traffic law, paragraph (b-1) as added  by  section  1
    40  and paragraph (c-3) as added by section 2 of part A of chapter 25 of the
    41  laws of 2009, are amended  to read as follows:
    42    (b-1)  Supplemental  learner  permit/license  fee  in the metropolitan
    43  commuter transportation district. (i) Upon passage of the knowledge test
    44  required to obtain a learner's  permit,  an  applicant  for  a  driver's
    45  license who resides in the metropolitan commuter transportation district
    46  established  by section one thousand two hundred sixty-two of the public
    47  authorities law shall be required to  pay  a  supplemental  fee  of  one
    48  dollar  for each six months or portion thereof of the period of validity
    49  of a learner's permit or license which is or may be issued  pursuant  to
    50  the  provisions  of  subparagraph  (i)  or (ii) of paragraph (b) of this
    51  subdivision.

        S. 1508                            168                           A. 2008
 
     1    (ii) The commissioner shall deposit daily all funds collected pursuant
     2  to subparagraph (i) of this paragraph with such responsible banks, bank-
     3  ing houses or trust companies as may be designated by  the  state  comp-
     4  troller,  [to  the credit of the comptroller] in trust for the credit of
     5  the metropolitan transportation authority. An account may be established
     6  in  one  or more of such depositories. Such deposits shall be kept sepa-
     7  rate  and  apart  from  all  other  money  in  the  possession  of   the
     8  comptroller. On or before the twelfth day of each month, the commission-
     9  er  shall certify to the comptroller the amount of all revenues received
    10  pursuant to subparagraph (i) of this paragraph during the prior month as
    11  a result of the supplemental fee imposed,  including  any  interest  and
    12  penalties thereon. The revenues so certified over the prior three months
    13  in  total  shall be [deposited by the state comptroller in the metropol-
    14  itan transportation authority aid  trust  account  of  the  metropolitan
    15  transportation  authority financial assistance fund established pursuant
    16  to section ninety-two-ff of the state finance law for  deposit,  subject
    17  to]  paid  over  by the fifteenth day of the last month of each calendar
    18  quarter from such account, without appropriation, [in] into  the  corpo-
    19  rate transportation account of the metropolitan transportation authority
    20  special  assistance fund established by section twelve hundred seventy-a
    21  of the public authorities law, to be applied as  provided  in  paragraph
    22  (e) of subdivision four of such section. Any money collected pursuant to
    23  this  section  that is deposited by the comptroller in the [metropolitan
    24  transportation authority aid  trust  account]  corporate  transportation
    25  account of the metropolitan transportation authority [financial] special
    26  assistance  fund  shall be held in such fund free and clear of any claim
    27  by any person or entity  paying  an  additional  fee  pursuant  to  this
    28  section,  including,  without  limiting the generality of the foregoing,
    29  any right or claim against the  metropolitan  transportation  authority,
    30  any  of its bondholders, or any subsidiary or affiliate of the metropol-
    31  itan transportation authority.
    32    (c-3) (i) Supplemental renewal fee in the metropolitan commuter trans-
    33  portation district. In addition to the fees required to be paid pursuant
    34  to paragraph (c) of this subdivision, a supplemental fee of  one  dollar
    35  for  each  six  months or portion thereof of the validity of the license
    36  shall be paid for renewal of a license of a person who  resides  in  the
    37  metropolitan commuter transportation district established by section one
    38  thousand  two  hundred sixty-two of the public authorities law issued by
    39  the commissioner.
    40    (ii) The commissioner shall deposit daily all funds collected pursuant
    41  to this paragraph with such responsible banks, banking houses  or  trust
    42  companies  as may be designated by the state comptroller, [to the credit
    43  of the comptroller] in trust for the credit of the  metropolitan  trans-
    44  portation  authority.  An  account  may be established in one or more of
    45  such depositories. Such deposits shall be kept separate and  apart  from
    46  all  other money in the possession of the comptroller.  On or before the
    47  twelfth day of each month, the commissioner shall certify to  the  comp-
    48  troller  the  amount of all revenues received pursuant to this paragraph
    49  during the prior month as a result of  the  supplemental  fees  imposed,
    50  including  any interest and penalties thereon. The revenues so certified
    51  over the prior three months in total shall be [deposited  by  the  state
    52  comptroller  in  the  metropolitan  transportation  authority  aid trust
    53  account of the metropolitan transportation authority  financial  assist-
    54  ance  fund  established  pursuant  to section ninety-two-ff of the state
    55  finance law for deposit, subject to] paid over by the fifteenth  day  of
    56  the  last  month  of  each  calendar  quarter from such account, without

        S. 1508                            169                           A. 2008
 
     1  appropriation, [in] into the corporate  transportation  account  of  the
     2  metropolitan  transportation  authority  special  assistance fund estab-
     3  lished by section twelve hundred seventy-a  of  the  public  authorities
     4  law,  to  be applied as provided in paragraph (e) of subdivision four of
     5  such section. Any money collected  pursuant  to  this  section  that  is
     6  deposited by the comptroller in the [metropolitan transportation author-
     7  ity aid trust account] corporate transportation account of the metropol-
     8  itan  transportation authority [financial] special assistance fund shall
     9  be held in such fund free and clear of any claim by any person or entity
    10  paying an additional fee pursuant to this  section,  including,  without
    11  limiting the generality of the foregoing, any right or claim against the
    12  metropolitan  transportation  authority,  any of its bondholders, or any
    13  subsidiary or affiliate of the metropolitan transportation authority.
    14    § 2.   Section 499-d of the vehicle  and  traffic  law,  as  added  by
    15  section  1  of  part  B of chapter 25 of the laws of 2009, is amended to
    16  read as follows:
    17    § 499-d. Deposit and disposition of revenue from supplemental fee. The
    18  commissioner shall deposit daily all funds derived from  the  collection
    19  of  the  supplemental fee established pursuant to this article with such
    20  responsible banks, banking houses or trust companies as  may  be  desig-
    21  nated  by  the  state comptroller, [to the credit of the comptroller] in
    22  trust for the credit of the metropolitan  transportation  authority.  An
    23  account  may  be  established  in one or more of such depositories. Such
    24  deposits shall be kept separate and apart from all other  money  in  the
    25  possession  of  the  comptroller.   On or before the twelfth day of each
    26  month, the commissioner shall certify to the comptroller the  amount  of
    27  all revenues received pursuant to this article during the prior month as
    28  a  result  of  the  supplemental fee imposed, including any interest and
    29  penalties thereon. The revenues so certified over the prior three months
    30  in total shall be [deposited by the state comptroller in  the  metropol-
    31  itan  transportation  authority  aid  trust  account of the metropolitan
    32  transportation authority financial assistance fund established  pursuant
    33  to  section  ninety-two-ff of the state finance law for deposit, subject
    34  to] paid over by the fifteenth day of the last month  of  each  calendar
    35  quarter  from  such account, without appropriation, [in] into the corpo-
    36  rate transportation account of the metropolitan transportation authority
    37  special assistance fund established by section twelve hundred  seventy-a
    38  of  the  public  authorities law, to be applied as provided in paragraph
    39  (e) of subdivision four of such section. Any money collected pursuant to
    40  this section that is deposited by the comptroller in  the  [metropolitan
    41  transportation  authority  aid  trust  account] corporate transportation
    42  account of the metropolitan transportation authority [financial] special
    43  assistance fund shall be held in such fund free and clear of  any  claim
    44  by  any  person  or  entity  paying  an  additional fee pursuant to this
    45  section, including, without limiting the generality  of  the  foregoing,
    46  any  right  or  claim against the metropolitan transportation authority,
    47  any of its bondholders, or any subsidiary or affiliate of the  metropol-
    48  itan transportation authority.
    49    §  3.  Section 1288 of the tax law, as added by section 1 of part E of
    50  chapter 25 of the laws of 2009, is amended to read as follows:
    51    § 1288.  Deposit  and  disposition  of  revenue.  Notwithstanding  any
    52  provision  of law to the contrary: (a) All taxes, interest and penalties
    53  collected or received by the commissioner pursuant to this article shall
    54  be deposited daily with such responsible banks, banking houses or  trust
    55  companies,  as  may  be designated by the comptroller, [to the credit of
    56  the comptroller] in trust for the credit of the metropolitan transporta-

        S. 1508                            170                           A. 2008

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

        S. 1508                            171                           A. 2008
 
     1  article  shall  be  deposited daily with such responsible banks, banking
     2  houses or trust companies, as may be designated by the  comptroller,  in
     3  trust  for  the  credit of the metropolitan transportation authority. An
     4  account  may  be  established  in one or more of such depositories. Such
     5  deposits will be kept separate and apart from all  other  money  in  the
     6  possession  of  the  comptroller.  Of  the  total  revenue  collected or
     7  received under this article, the comptroller shall retain such amount as
     8  the commissioner may determine to be necessary for  refunds  under  this
     9  article.  On  or  before  the twelfth day of each month, after reserving
    10  such amount for such refunds and deducting such amounts for such  costs,
    11  the  commissioner  shall  certify  to  the comptroller the amount of all
    12  revenues received pursuant to this article during the prior month  as  a
    13  result of the tax imposed, including any interest and penalties thereon.
    14  The amount of revenues so certified over the prior three months in total
    15  shall be paid over by the fifteenth day of the last month of each calen-
    16  dar quarter from such account, without appropriation, into the corporate
    17  transportation  account  of  the  metropolitan  transportation authority
    18  special assistance fund established by section twelve hundred  seventy-a
    19  of  the  public  authorities law, to be applied as provided in paragraph
    20  (e) of subdivision four of such section.
    21    § 5.  Subdivision 3 and paragraph (a)  of  subdivision  6  of  section
    22  92-ff  of  the state finance law, subdivision 3 as amended by section 14
    23  of part UU of chapter 59 of the laws of 2018 and paragraph (a) of subdi-
    24  vision 6 as added by section 1 of part G of chapter 25 of  the  laws  of
    25  2009, are amended to read as follows:
    26    3. Such fund shall consist of all moneys collected therefor or credit-
    27  ed  or  transferred  thereto  from  any  other fund, account or source[,
    28  including, without limitation, the revenues  derived  from  the  special
    29  supplemental  tax  on  passenger  car  rentals imposed by section eleven
    30  hundred sixty-six-a of the tax law; revenues derived from the  transpor-
    31  tation  surcharge  imposed  by article twenty-nine-A of the tax law; the
    32  supplemental registration fees imposed by  article  seventeen-C  of  the
    33  vehicle  and  traffic  law;  and  the supplemental metropolitan commuter
    34  transportation district license fees imposed  by  section  five  hundred
    35  three  of  the  vehicle  and  traffic law]. Any interest received by the
    36  comptroller on moneys on  deposit  in  the  metropolitan  transportation
    37  authority  financial  assistance  fund shall be retained in and become a
    38  part of such fund.
    39    (a) The "metropolitan  transportation  authority  aid  trust  account"
    40  shall  consist of [revenues required to be deposited therein pursuant to
    41  the provisions of section eleven hundred sixty-six-a  of  the  tax  law;
    42  article twenty-nine-A of the tax law; article seventeen-C of the vehicle
    43  and traffic law; and section five hundred three of the vehicle and traf-
    44  fic  law, and all other] moneys credited or transferred thereto from any
    45  other [fund or] source pursuant to law.
    46    § 6. Section 4 of the state finance law is amended  by  adding  a  new
    47  subdivision 13 to read as follows:
    48    13.  Notwithstanding subdivision one of this section and any other law
    49  to the contrary, the revenue (including fees, taxes, interest and penal-
    50  ties) from the metropolitan  commuter  transportation  district  supple-
    51  mental fees and taxes imposed pursuant to paragraph (b-1) of subdivision
    52  two  of section five hundred three of the vehicle and traffic law, para-
    53  graph (c-3) of subdivision two of section  five  hundred  three  of  the
    54  vehicle  and traffic law, article seventeen-C of the vehicle and traffic
    55  law, article twenty-nine-A of the tax law  and  section  eleven  hundred
    56  sixty-six-a  of  the  tax law which are paid in accordance with subpara-

        S. 1508                            172                           A. 2008
 
     1  graph (ii) of paragraph (b-1) of subdivision two of section five hundred
     2  three of the vehicle and traffic law,  subparagraph  (ii)  of  paragraph
     3  (c-3)  of  subdivision  two of section five hundred three of the vehicle
     4  and  traffic law, section twelve hundred eighty-eight of the tax law and
     5  section eleven hundred sixty-seven of the tax  law  into  the  corporate
     6  transportation  account  of  the  metropolitan  transportation authority
     7  special assistance fund established by section twelve hundred  seventy-a
     8  of  the  public  authorities  law  shall be made pursuant to statute but
     9  without an appropriation.
    10    § 7.  Subdivision 1 and paragraph (e)  of  subdivision  4  of  section
    11  1270-a  of  the  public  authorities  law,  subdivision  1 as amended by
    12  section 14 and paragraph (e) of subdivision 4 as added by section 15  of
    13  part  H  of  chapter  25  of  the  laws  of 2009, are amended to read as
    14  follows:
    15    1. The authority shall create and establish a fund to be known as  the
    16  "metropolitan  transportation  authority  special assistance fund" which
    17  shall be kept separate from and shall not be commingled with  any  other
    18  moneys  of  the  authority. The special assistance fund shall consist of
    19  three separate accounts: (i) the "transit account", (ii)  the  "commuter
    20  railroad account" and (iii) the "corporate transportation account".
    21    The  authority  shall  make  deposits  in  the transit account and the
    22  commuter railroad account of the moneys received by it pursuant  to  the
    23  provisions  of  subdivision  one of section two hundred sixty-one of the
    24  tax law in accordance with the provisions thereof, and shall make depos-
    25  its in the corporate transportation account of the moneys received by it
    26  pursuant to the provisions of subdivision two  of  section  two  hundred
    27  sixty-one  of the tax law and section ninety-two-ff of the state finance
    28  law. The comptroller shall  deposit,  without  appropriation,  into  the
    29  corporate  transportation  account the revenue fees, taxes, interest and
    30  penalties collected in accordance with paragraph  (b-1)  of  subdivision
    31  two  of section five hundred three of the vehicle and traffic law, para-
    32  graph (c-3) of subdivision two of section  five  hundred  three  of  the
    33  vehicle  and traffic law, article seventeen-C of the vehicle and traffic
    34  law, article twenty-nine-A of the tax law  and  section  eleven  hundred
    35  sixty-six-a of the tax law.
    36    (e)  Notwithstanding the foregoing provisions of this subdivision, any
    37  moneys in the corporate transportation account that are received by  the
    38  authority: (i) without appropriation pursuant to subdivision one of this
    39  section,  or (ii) pursuant to the provisions of section ninety-two-ff of
    40  the state finance law may be pledged by the authority, or pledged to the
    41  Triborough bridge and tunnel authority, to secure bonds, notes or  other
    42  obligations of the authority or the Triborough bridge and tunnel author-
    43  ity, as the case may be, and, if so pledged to the Triborough bridge and
    44  tunnel  authority,  shall  be  paid  to the Triborough bridge and tunnel
    45  authority in such amounts and at such times as necessary to  pay  or  to
    46  reimburse  that  authority  for  its payment of debt service and reserve
    47  requirements, if any, on that portion of special Triborough  bridge  and
    48  tunnel  authority  bonds  and notes issued by that authority pursuant to
    49  section five hundred fifty-three-d  of  this  chapter.  Subject  to  the
    50  provisions  of any such pledge, or in the event there is no such pledge,
    51  any moneys in the  corporate  transportation  account  received  by  the
    52  authority: (i) without appropriation pursuant to subdivision one of this
    53  section,  or (ii) pursuant to the provisions of section ninety-two-ff of
    54  the state finance law may be used by the authority for payment of  oper-
    55  ating  costs  of,  and capital costs, including debt service and reserve
    56  requirements, if any, of or for the authority, the New York city transit

        S. 1508                            173                           A. 2008
 
     1  authority and their subsidiaries as the authority  shall  determine.  No
     2  moneys  in the corporate transportation account that are reserved by the
     3  authority: (i) without appropriation pursuant to subdivision one of this
     4  section;  or (ii) pursuant to the provisions of section ninety-two-ff of
     5  the state finance law may be used for making any payment to  the  Dutch-
     6  ess,  Orange  and Rockland fund created by section twelve hundred seven-
     7  ty-b of this title or considered in calculating the amounts required  to
     8  be paid into such fund.
     9    § 8. This act shall take effect immediately.
 
    10                                   PART GG
 
    11    Section  1.  Paragraph  5  of  subdivision  (c) and subdivision (e) of
    12  section 1111-c of the vehicle and traffic law, as amended by  section  6
    13  of  part  NNN  of  chapter 59 of the laws of 2018, are amended and a new
    14  subdivision (n) is added to read as follows:
    15    5. "bus rapid transit program" shall mean [up to ten routes] any route
    16  designated by the New York city department of transportation in  consul-
    17  tation  with  the applicable mass transit agency, in addition to the Bus
    18  Rapid Transit Phase I plan routes, that operate on designated bus  lanes
    19  and  that  may include upgraded signage, enhanced road markings, minimum
    20  bus stop spacing, off-board fare payment, traffic  signal  priority  for
    21  buses,  and  any other enhancement that increases bus speed or reliabil-
    22  ity.
    23    (e) An owner liable for a violation of a bus lane restriction  imposed
    24  on  any  route  within  a  bus rapid transit program shall be liable for
    25  monetary penalties in accordance with a schedule of fines and  penalties
    26  promulgated  by  the  parking violations bureau of the city of New York;
    27  provided, however, that the monetary penalty for violating  a  bus  lane
    28  restriction  shall not exceed one hundred [fifteen] twenty-five dollars,
    29  one hundred fifty dollars for a second  offense  within  a  twelve-month
    30  period,  two  hundred  dollars for a third offense within a twelve-month
    31  period, two hundred fifty dollars for a fourth offense within a  twelve-
    32  month  period,  and  three  hundred  fifty  dollars  for each subsequent
    33  offense within a twelve-month period; provided, further, that  an  owner
    34  shall  be  liable  for  an  additional penalty not to exceed twenty-five
    35  dollars for each violation for the failure to respond  to  a  notice  of
    36  liability within the prescribed time period.
    37    (n)  1. Notwithstanding any other provision of law, in accordance with
    38  the provisions of this subdivision, the  city  of  New  York  is  hereby
    39  authorized  and empowered to impose monetary liability on the owner of a
    40  vehicle for failure of an operator thereof to comply with the applicable
    41  local laws and regulations of the city of New York relating to stopping,
    42  standing, parking and turning movements as defined herein, while operat-
    43  ing a vehicle within the congestion toll zone or  along  designated  bus
    44  corridors.  The  department  of  transportation  of the city of New York
    45  and/or an applicable mass transit agency, shall  operate  photo  devices
    46  that  may  be  stationary  or mobile and shall be activated at locations
    47  determined by such department of transportation and/or on buses selected
    48  by such department of transportation in consultation with the applicable
    49  mass transit agency. Locations of such photo devices shall be within the
    50  congestion toll zone in the borough of Manhattan or along designated bus
    51  corridors to be determined jointly by the department  of  transportation
    52  and the applicable mass transit agency.
    53    2. Any image or images captured by photo devices shall be inadmissible
    54  in  any  disciplinary proceeding convened by the applicable mass transit

        S. 1508                            174                           A. 2008
 
     1  agency or any subsidiary thereof and any  proceeding  initiated  by  the
     2  department  involving  licensure privileges of bus operators. Any mobile
     3  bus lane photo device mounted on a bus shall be directed outwardly  from
     4  such  bus  to  capture  images  of vehicles operated in violation of the
     5  local laws relating to stopping, standing, parking and  turning,  or  in
     6  violation  of  bus lane restrictions, and images produced by such device
     7  shall not be used for any other purpose in the absence of a court  order
     8  requiring such images to be produced.
     9    3.  The  city  of New York shall adopt and enforce measures to protect
    10  the privacy of drivers, passengers, pedestrians and cyclists whose iden-
    11  tity and identifying information may be captured by a photo device. Such
    12  measures shall include:
    13    (i) utilization of necessary technologies to  ensure,  to  the  extent
    14  practicable,  that  images  produced  by  such  photo  devices shall not
    15  include images that identify the driver, the passengers, or the contents
    16  of the vehicle, provided, however, that no notice  of  liability  issued
    17  pursuant  to  this  section  shall  be dismissed solely because an image
    18  allows for the identification of the driver,  the  passengers  or  other
    19  contents of a vehicle;
    20    (ii)  a  prohibition  on the use or dissemination of vehicles' license
    21  plate information and other information and  images  captured  by  photo
    22  devices  except:  (A)  as  required  to  establish  liability under this
    23  section or collect payment of penalties; (B) as required by court order;
    24  (C) as required pursuant to a search warrant issued in  accordance  with
    25  the  criminal  procedure law or a subpoena; or (D) as otherwise required
    26  by law;
    27    (iii)  the  installation  of  signage  at  regular  intervals  in  the
    28  congestion toll zone and along the designated bus corridors stating that
    29  photo  devices  are  used to enforce restrictions on stopping, standing,
    30  parking and turning movements; and
    31    (iv) oversight procedures to ensure compliance with the aforementioned
    32  privacy protection measures.
    33    4. Photo devices authorized by this subdivision shall only be operated
    34  from 6:00 a.m. to 10:00 p.m. Warning notices of violation will be issued
    35  during the first sixty days that photo device enforcement is  active  in
    36  the congestion toll zone or along a designated bus corridor.
    37    5. The owner of a vehicle shall be liable for a penalty imposed pursu-
    38  ant  to  this  subdivision if such vehicle was used or operated with the
    39  permission of the owner, express or implied, in violation of any  appli-
    40  cable  local law or regulation defined herein, while operated within the
    41  congestion toll zone or  along  a  designated  bus  corridor,  and  such
    42  violation  is  evidenced  by  information  obtained from a photo device;
    43  provided however that no owner of a vehicle shall be liable for a penal-
    44  ty imposed pursuant to this subdivision where the operator of such vehi-
    45  cle has been convicted of the underlying violation  of  such  applicable
    46  local law or regulation.
    47    6. For purposes of this subdivision the following terms shall have the
    48  following meanings:
    49    (i)  "owner"  shall have the meaning provided in article two-B of this
    50  chapter.
    51    (ii) "photo device" shall mean a device that is capable  of  operating
    52  independently  of an enforcement officer and produces one or more images
    53  of each vehicle at the time it is in violation of  an  applicable  local
    54  law or regulation.
    55    (iii)  "applicable  local  law  or regulation" shall mean Chapter 4 of
    56  Title 34 of the Rules of the City of  New  York  relating  to  stopping,

        S. 1508                            175                           A. 2008
 
     1  standing,  parking,  and turning movements, including but not limited to
     2  the following:
     3    § 4-08(f)(4) and § 4-12(m): General no standing zones, Bus lanes
     4    §  4-08(c)(3):  Violation  of posted no standing rules prohibited, Bus
     5  stop
     6    § 4-08(f)(1): General no standing zones, Double parking
     7    § 4-08(k)(2): Special  rules  for  commercial  vehicles,  No  standing
     8  except trucks loading and unloading
     9    § 4-08(a)(3): Standing prohibited
    10    § 4-07(b)(1) and § 4-08(e)(11): Stopping prohibited
    11    § 4-07(e)(4): General no stopping zones, Intersections
    12    § 4-08 (e)(5): General no stopping zones, Crosswalks
    13    § 4-08(e)(12: General no stopping zones, Obstructing traffic at inter-
    14  section.
    15    § 4-05, § 4-07(h)(2): Turns
    16    (iv)  "congestion  toll  zone"  shall  include  any roadways, bridges,
    17  tunnels or ramps that are located within, or enter into, the  geographic
    18  area  in the borough of Manhattan established pursuant to article forty-
    19  four-C of this chapter.
    20    7. A certificate, sworn to or affirmed by a technician employed by the
    21  city in which the charged violation occurred, or  a  facsimile  thereof,
    22  based  upon  inspection  of  photographs, microphotographs, videotape or
    23  other recorded images produced by a photo device, shall be  prima  facie
    24  evidence  of  the facts contained therein.  Any photographs, microphoto-
    25  graphs, videotape or other recorded images evidencing such  a  violation
    26  shall  be  available  for inspection in any proceeding to adjudicate the
    27  liability for such violation pursuant to this subdivision.
    28    8. An owner liable for a violation shall be liable for monetary penal-
    29  ties in accordance with a schedule of fines and penalties promulgated by
    30  the parking violations bureau of the city of New York; provided,  howev-
    31  er,  that  the  monetary  penalty  for a first offense of a provision of
    32  local law or regulation of the city of New York  relating  to  stopping,
    33  standing,  parking  and  turning  movement  violations  pursuant to this
    34  subdivision shall  not  exceed  one  hundred  twenty-five  dollars,  one
    35  hundred fifty dollars for a second offense within a twelve-month period,
    36  two  hundred  dollars  for a third offense within a twelve-month period,
    37  two hundred fifty dollars for a fourth  offense  within  a  twelve-month
    38  period,  and  three  hundred  fifty  dollars for each subsequent offense
    39  within a twelve-month period; and provided, further, that an owner shall
    40  be liable for an additional penalty not to  exceed  twenty-five  dollars
    41  for  each  violation for the failure to respond to a notice of liability
    42  within the prescribed time period set forth in the notice of violation.
    43    9. An imposition of liability pursuant to this subdivision  shall  not
    44  be  deemed a conviction of an operator and shall not be made part of the
    45  operating record of the person upon whom such liability is imposed,  nor
    46  shall  it be used for insurance purposes in the provision of motor vehi-
    47  cle insurance coverage.
    48    10. (i) A notice of liability shall be sent by  first  class  mail  to
    49  each  person alleged to be liable as an owner for a violation under this
    50  section. Personal delivery to the owner shall not be required. A  manual
    51  or  automatic record of mailing prepared in the ordinary course of busi-
    52  ness shall be prima facie evidence of the facts contained therein.
    53    (ii) A notice of liability shall contain the name and address  of  the
    54  person  alleged  to be liable as an owner for a violation, the registra-
    55  tion number of the vehicle involved  in  such  violation,  the  location
    56  where  such  violation  took place including the street address or cross

        S. 1508                            176                           A. 2008
 
     1  streets, one or more images identifying the violation, the date and time
     2  of such violation and the identification  number  of  the  photo  device
     3  which recorded the violation or other document locator number.
     4    (iii)  The  notice of liability shall contain information advising the
     5  person charged of the manner and the time in which he or she may contest
     6  the liability alleged in the notice.   Such notice  of  liability  shall
     7  also  contain  a  warning  to advise the persons charged that failure to
     8  contest in the manner and time provided shall be deemed an admission  of
     9  liability and that a default judgment may be entered thereon.
    10    (iv) The notice of liability shall be prepared and mailed by the agen-
    11  cy  or  agencies designated by the city of New York, or any other entity
    12  authorized by such  city  to  prepare  and  mail  such  notification  of
    13  violation.
    14    11.  Adjudication of the liability imposed upon owners by this section
    15  shall be by the New York city parking violations bureau.
    16    12. If an owner of a vehicle receives a notice of  liability  pursuant
    17  to  this  subdivision  for any time period during which such vehicle was
    18  reported to the police department as having been stolen, it shall  be  a
    19  valid  defense  to  an allegation of liability that the vehicle had been
    20  reported to the police  as  stolen  prior  to  the  time  the  violation
    21  occurred  and  had  not  been  recovered  by  such time. For purposes of
    22  asserting the defense provided by this subdivision it  shall  be  suffi-
    23  cient  that  a certified copy of the police report on the stolen vehicle
    24  be sent by first class mail to the parking  violations  bureau  of  such
    25  city.
    26    13.  (i)  An  owner  who is a lessor of a vehicle to which a notice of
    27  liability was issued pursuant to this subdivision shall  not  be  liable
    28  for  the violation of a local law or regulation defined herein, provided
    29  that:
    30    (A) prior to the violation, the lessor has  filed  with  such  parking
    31  violations  bureau  in  accordance  with  the  provisions of section two
    32  hundred thirty-nine of this chapter; and
    33    (B) within thirty-seven days after receiving notice from  such  bureau
    34  of the date and time of a liability, together with the other information
    35  contained  in  the  original  notice of liability, the lessor submits to
    36  such bureau the correct name and address of the lessee  of  the  vehicle
    37  identified  in  the  notice  of liability at the time of such violation,
    38  together with such other additional information contained in the rental,
    39  lease or other contract document, as may be reasonably required by  such
    40  bureau pursuant to regulations that may be promulgated for such purpose.
    41  Failure to timely submit such information shall render the lessor liable
    42  for the penalty prescribed in this subdivision.
    43    (ii)  Where  the  lessor complies with the provisions of clause (A) of
    44  this paragraph, the lessee of such vehicle on the date of such violation
    45  shall be deemed to be the owner of such vehicle  for  purposes  of  this
    46  subdivision,  shall  be subject to liability for such violation pursuant
    47  to this subdivision and shall be sent a notice of liability pursuant  to
    48  paragraph ten of this subdivision.
    49    14.  If  the  owner liable for a violation was not the operator of the
    50  vehicle at the time of the violation, the owner may maintain  an  action
    51  for indemnification against the operator.
    52    15.  Nothing  in  this  subdivision  shall  be  construed to limit the
    53  liability of an operator of a vehicle for any violation of an applicable
    54  local law or regulation.
    55    16. The city of New York and the applicable mass transit agency  shall
    56  submit a report on the results of the use of photo devices to the gover-

        S. 1508                            177                           A. 2008
 
     1  nor, the temporary president of the senate and the speaker of the assem-
     2  bly  by  April  first,  within  twelve months of operation of such photo
     3  devices and every two years thereafter. Such report shall  include,  but
     4  not be limited to:
     5    (i)  a  description  of the locations and/or buses where photo devices
     6  were used;
     7    (ii) the total number of violations recorded on a monthly  and  annual
     8  basis;
     9    (iii) the total number of notices of liability issued;
    10    (iv)  the  number  of  fines  and total amount of fines paid after the
    11  first notice of liability;
    12    (v) the number of violations adjudicated and results of  such  adjudi-
    13  cations including breakdowns of dispositions made;
    14    (vi) the total amount of revenue realized by such city and any partic-
    15  ipating mass transit agency;
    16    (vii) the quality of the adjudication process and its results;
    17    (viii) the total number of cameras by type of camera; and
    18    (ix)  the total cost to the city and the total cost to any participat-
    19  ing mass transit agency.
    20    17. Any revenue from fines and penalties collected  pursuant  to  this
    21  subdivision  from mobile bus photo devices shall be remitted by the city
    22  of New York to the applicable mass transit agency on a  quarterly  basis
    23  to  be  deposited  in the general transportation account of the New York
    24  city transportation assistance  fund  established  pursuant  to  section
    25  twelve hundred seventy of the public authorities law.
    26    §  2.  The opening paragraph of section 14 of part II of chapter 59 of
    27  the laws of 2010, amending the vehicle and traffic law  and  the  public
    28  officers  law relating to establishing a bus rapid transit demonstration
    29  program to restrict the use of bus lanes by  means  of  bus  lane  photo
    30  devices,  as  amended  by chapter 239 of the laws of 2015, is amended to
    31  read as follows:
    32    This act shall take effect on the ninetieth day after  it  shall  have
    33  become  a  law [and shall expire 10 years after such effective date when
    34  upon such date the provisions of this act shall be deemed repealed; and]
    35  provided that any rules and regulations related to  this  act  shall  be
    36  promulgated on or before such effective date, provided that:
    37    §  3.  This  act shall take effect immediately. Effective immediately,
    38  the addition, amendment and/or repeal of any rule or  regulation  neces-
    39  sary  for  the  implementation  of  this  act  on its effective date are
    40  authorized to be made and completed on or before such effective date.
 
    41                                   PART HH
 
    42    Section 1. Section 45 of chapter 929 of the laws of 1986 amending  the
    43  tax  law  and  other  laws  relating  to the metropolitan transportation
    44  authority, as amended by chapter 63 of the laws of 2017, is  amended  to
    45  read as follows:
    46    §  45.  This act shall take effect immediately; except that: (a) para-
    47  graph (d) of subdivision 3 of section 1263  of  the  public  authorities
    48  law, as added by section twenty-six of this act, shall be deemed to have
    49  been  in full force and effect on and after August 5, 1986; (b) sections
    50  thirty-three and thirty-four of this act shall not apply to a  certified
    51  or  recognized  public employee organization which represents any public
    52  employees described in subdivision 16 of  section  1204  of  the  public
    53  authorities  law  and  such sections shall expire on July 1, [2019] 2021
    54  and nothing contained within these sections shall be construed to divest

        S. 1508                            178                           A. 2008
 
     1  the public employment relations board or any court of  competent  juris-
     2  diction  of the full power or authority to enforce any order made by the
     3  board or such court prior to the effective date of  this  act;  (c)  the
     4  provisions  of section thirty-five of this act shall expire on March 31,
     5  1987; and (d)  provided,  however,  the  commissioner  of  taxation  and
     6  finance  shall  have the power to enforce the provisions of sections two
     7  through nine of this act beyond December 31, 1990 to enable such commis-
     8  sioner to collect any liabilities incurred prior to January 1, 1991.
     9    § 2. This act shall take effect immediately.
 
    10                                   PART II
 
    11    Section 1. Subdivisions 3 and 11 of section 120.05 of the  penal  law,
    12  subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
    13  sion  11  as  separately  amended by chapters 268 and 281 of the laws of
    14  2016, are amended to read as follows:
    15    3. With intent to prevent a peace officer, a police officer,  prosecu-
    16  tor as defined in subdivision thirty-one of section 1.20 of the criminal
    17  procedure law, registered nurse, licensed practical nurse, public health
    18  sanitarian,  New York city public health sanitarian, sanitation enforce-
    19  ment agent, New York city sanitation worker, a firefighter, including  a
    20  firefighter acting as a paramedic or emergency medical technician admin-
    21  istering  first  aid  in the course of performance of duty as such fire-
    22  fighter, an emergency medical service  paramedic  or  emergency  medical
    23  service  technician, or medical or related personnel in a hospital emer-
    24  gency department, a city marshal,  a  school  crossing  guard  appointed
    25  pursuant  to section two hundred eight-a of the general municipal law, a
    26  traffic enforcement officer, traffic enforcement agent,  highway  worker
    27  as  defined in section one hundred eighteen-a of the vehicle and traffic
    28  law, motor vehicle inspector and motor carrier investigator  as  defined
    29  in  section  one  hundred  eighteen-b of the vehicle and traffic law, or
    30  employee of any entity governed by the public service law in the  course
    31  of  performing  an  essential service, from performing a lawful duty, by
    32  means including releasing or failing to control an animal under  circum-
    33  stances  evincing the actor's intent that the animal obstruct the lawful
    34  activity of such peace officer, police officer, prosecutor as defined in
    35  subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
    36  registered  nurse,  licensed  practical nurse, public health sanitarian,
    37  New York city public health sanitarian,  sanitation  enforcement  agent,
    38  New  York  city  sanitation  worker, firefighter, paramedic, technician,
    39  city marshal, school crossing guard appointed pursuant  to  section  two
    40  hundred  eight-a of the general municipal law, traffic enforcement offi-
    41  cer, traffic enforcement agent, highway worker as defined in section one
    42  hundred eighteen-a of the vehicle and traffic law, motor vehicle inspec-
    43  tor and motor carrier investigator as defined  in  section  one  hundred
    44  eighteen-b  of  the  vehicle  and  traffic law, or employee of an entity
    45  governed by the public service law, he or she causes physical injury  to
    46  such peace officer, police officer, prosecutor as defined in subdivision
    47  thirty-one  of  section  1.20  of the criminal procedure law, registered
    48  nurse, licensed practical nurse, public health sanitarian, New York city
    49  public health sanitarian, sanitation enforcement agent,  New  York  city
    50  sanitation  worker,  firefighter,  paramedic,  technician  or medical or
    51  related personnel in a  hospital  emergency  department,  city  marshal,
    52  school  crossing guard, traffic enforcement officer, traffic enforcement
    53  agent, highway worker as defined in section one  hundred  eighteen-a  of
    54  the  vehicle  and traffic law, motor vehicle inspector and motor carrier

        S. 1508                            179                           A. 2008
 
     1  investigator as defined in section one hundred eighteen-b of the vehicle
     2  and traffic law, or employee of an entity governed by the public service
     3  law; or
     4    11.  With  intent to cause physical injury to a train operator, ticket
     5  inspector, conductor, signalperson, bus operator, station agent, station
     6  cleaner [or], terminal cleaner, station customer assistant, person whose
     7  official duties include the  sale  or  collection  of  tickets,  passes,
     8  vouchers  or  other fare payment media for use on a train or bus, person
     9  whose official duties include the maintenance, repair, inspection, trou-
    10  bleshooting, testing or cleaning of a transit signal system, elevated or
    11  underground subway tracks, transit station structure, train yard, reven-
    12  ue train in passenger service, or a train or bus station or terminal, or
    13  a supervisor of such personnel employed by any transit agency, authority
    14  or company, public or private, whose operation is authorized by New York
    15  state or any of its political subdivisions, a  city  marshal,  a  school
    16  crossing  guard appointed pursuant to section two hundred eight-a of the
    17  general municipal law, a traffic enforcement officer,  traffic  enforce-
    18  ment  agent, highway worker as defined in section one hundred eighteen-a
    19  of the vehicle and traffic law, motor vehicle inspector and motor carri-
    20  er investigator as defined in section  one  hundred  eighteen-b  of  the
    21  vehicle and traffic law, prosecutor as defined in subdivision thirty-one
    22  of  section  1.20  of the criminal procedure law, sanitation enforcement
    23  agent, New York city sanitation worker, public  health  sanitarian,  New
    24  York city public health sanitarian, registered nurse, licensed practical
    25  nurse, emergency medical service paramedic, or emergency medical service
    26  technician,  he  or  she  causes physical injury to such train operator,
    27  ticket inspector, conductor, signalperson, bus operator, station  agent,
    28  station  cleaner  [or],  terminal  cleaner,  station customer assistant,
    29  person whose official duties include the sale or collection of  tickets,
    30  passes,  vouchers or other fare payment media for use on a train or bus,
    31  person  whose  official  duties   include   the   maintenance,   repair,
    32  inspection,  troubleshooting,  testing  or  cleaning of a transit signal
    33  system, elevated or underground subway tracks,  transit  station  struc-
    34  ture,  train yard, revenue train in passenger service, or a train or bus
    35  station or terminal, or a supervisor of such  personnel,  city  marshal,
    36  school  crossing guard appointed pursuant to section two hundred eight-a
    37  of the general  municipal  law,  traffic  enforcement  officer,  traffic
    38  enforcement  agent,  highway  worker  as  defined in section one hundred
    39  eighteen-a of the vehicle and traffic law, motor vehicle  inspector  and
    40  motor  carrier investigator as defined in section one hundred eighteen-b
    41  of the vehicle and traffic law, prosecutor  as  defined  in  subdivision
    42  thirty-one  of  section  1.20  of the criminal procedure law, registered
    43  nurse, licensed practical nurse, public health sanitarian, New York city
    44  public health sanitarian, sanitation enforcement agent,  New  York  city
    45  sanitation  worker,  emergency  medical  service paramedic, or emergency
    46  medical  service  technician,  while  such  employee  is  performing  an
    47  assigned  duty  on,  or directly related to, the operation of a train or
    48  bus, [including the cleaning of a train  or  bus  station  or  terminal]
    49  cleaning of a train or bus station or terminal or maintenance of a train
    50  or  bus  station  or  terminal,  signal  system, elevated or underground
    51  subway tracks, transit station structure, train yard or revenue train in
    52  passenger service, or such city marshal, school crossing guard,  traffic
    53  enforcement  officer,  traffic  enforcement  agent,  highway  worker  as
    54  defined in section one hundred eighteen-a of  the  vehicle  and  traffic
    55  law,  motor  vehicle inspector and motor carrier investigator as defined
    56  in section one hundred eighteen-b of the vehicle and traffic law, prose-

        S. 1508                            180                           A. 2008
 
     1  cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
     2  nal procedure law, registered nurse, licensed  practical  nurse,  public
     3  health  sanitarian,  New  York city public health sanitarian, sanitation
     4  enforcement  agent,  New  York city sanitation worker, emergency medical
     5  service paramedic, or emergency medical service technician is performing
     6  an assigned duty; or
     7    § 2.   The vehicle and traffic  law  is  amended  by  adding  two  new
     8  sections 118-a and 118-b to read as follows:
     9    §  118-a.  Highway  worker. Any person employed by or on behalf of the
    10  state, a county, city, town or village,  a  public  authority,  a  local
    11  authority,  or  a  public utility company, or the agent or contractor of
    12  any such entity, who has been assigned to perform  work  on  a  highway,
    13  including  maintenance,  repair,  flagging,  utility work, construction,
    14  reconstruction or operation of equipment on public  highway  infrastruc-
    15  ture  and associated rights-of-way in highway work areas, and shall also
    16  include any flagperson as defined in section one  hundred  fifteen-b  of
    17  this article.
    18    §  118-b.  Motor vehicle inspector and motor carrier investigator. Any
    19  person employed by the New York State department of  transportation  who
    20  has been assigned to perform inspections of any motor vehicles or inves-
    21  tigation  of  any  carriers regulated by the commissioner of transporta-
    22  tion.
    23    § 3.  The vehicle and traffic law is amended by adding a  new  section
    24  1221-a to read as follows:
    25    §  1221-a. Intrusion into an active work zone. 1. No driver of a vehi-
    26  cle shall enter or intrude into an active work zone except  upon  direc-
    27  tion  from  a  flagperson,  police  officer  or other visibly designated
    28  person in charge of traffic control or direction from a traffic  control
    29  device regulating entry  therein. For purposes of this section, the term
    30  "active  work zone" shall mean the physical area of a highway, street or
    31  private road on which construction, maintenance or utility work is being
    32  conducted, which area is marked by any signs, channeling devices, barri-
    33  ers, pavement markings, or work vehicles, and where  workers  are  phys-
    34  ically present.
    35    2.  A  violation of subdivision one of this section shall constitute a
    36  class B misdemeanor punishable by a fine of not less  than  two  hundred
    37  fifty  dollars  nor  more  than  five hundred dollars, or by a period of
    38  imprisonment not to exceed three months, or by both such fine and impri-
    39  sonment.
    40    § 4. The vehicle and traffic law is amended by adding  a  new  section
    41  1221-b to read as follows:
    42    § 1221-b. Work zone safety and outreach. The governor's traffic safety
    43  committee,  upon  consultation  with the commissioner of transportation,
    44  the superintendent of state police, the commissioner,  the  chairman  of
    45  the  New  York  state thruway authority, local law enforcement agencies,
    46  and representatives for  contractors  and  laborers,  shall  design  and
    47  implement  a  public education and outreach program to increase motorist
    48  awareness of the importance of highway work zone safety, to  reduce  the
    49  number  of  work zone incidents, including speeding, unauthorized intru-
    50  sions into work zones, and any conduct resulting in threats or  injuries
    51  to highway workers, and to increase and promote work zone safety.
    52    § 5. Section 120.05 of the penal law is amended by adding a new subdi-
    53  vision 11-d to read as follows:
    54    11-d.  With  intent  to  cause  physical injury to a terminal cleaner,
    55  cabin cleaner, facilities cleaner, wheelchair assist  employee,  baggage
    56  handler,  skycap,  ticket  agent,  customer  services employee, security

        S. 1508                            181                           A. 2008
 
     1  guard, queue management employee, shuttle bus driver,  or  any  employee
     2  whose  duties  require him or her to work on the tarmac, employed by any
     3  airport, airport authority or company, public or private, that  performs
     4  such  services  at  an airport, he or she causes physical injury to such
     5  terminal cleaner, cabin cleaner, facilities cleaner,  wheelchair  assist
     6  employee,  baggage  handler,  skycap,  ticket  agent,  customer services
     7  employee, security guard, queue management employee, shuttle bus driver,
     8  or any employee whose duties require him or her to work on  the  tarmac,
     9  while  such  employee  is  performing  an  assigned duty of, or directly
    10  related to, such services at an airport in the state of New York; or
    11    § 6. This act shall take effect immediately.
 
    12                                   PART JJ
 
    13    Section 1. The public authorities law  is  amended  by  adding  a  new
    14  section 2985-a to read as follows:
    15    §  2985-a.  Payment  of  tolls under the Tolls by Mail program. 1. For
    16  purposes of this section the following terms shall  have  the  following
    17  meanings:
    18    (a)  "cashless  tolling facility" shall mean a toll highway, bridge or
    19  tunnel facility that does not provide for the immediate on-site  payment
    20  in cash of a toll owed for the use of such facility;
    21    (b)  "owner"  shall  mean  any person, corporation, partnership, firm,
    22  agency, association, lessor or organization who, at the time  of  incur-
    23  ring  an  obligation  to  pay a toll at a cashless tolling facility, and
    24  with respect to the vehicle identified in the toll  bill  or  notice  of
    25  violation:  (i) is the beneficial or equitable owner of such vehicle; or
    26  (ii) has title to such vehicle; or (iii) the registrant or co-registrant
    27  of such vehicle which is registered with the department of  motor  vehi-
    28  cles  of  this  state or any other state, territory, district, province,
    29  nation or other jurisdiction; or (iv) is subject to the limitations  set
    30  forth  in  subdivision ten of section twenty-nine hundred eighty-five of
    31  this title, uses such vehicle in  its  vehicle  renting  and/or  leasing
    32  business;  or  (v)  is  a person entitled to the use and possession of a
    33  vehicle subject to a security interest in another person;
    34    (c) "toll bill" shall mean a notice sent to an  owner  notifying  such
    35  owner  that  the  owner's vehicle has been used or operated in or upon a
    36  cashless tolling facility and the owner has incurred  an  obligation  to
    37  pay a toll;
    38    (d) "notice of violation" shall mean a notice sent to an owner notify-
    39  ing  such  owner  that a toll incurred at a cashless tolling facility by
    40  the owner has not been paid at the place and  time  and  in  the  manner
    41  established  for  collection  of  such toll in the toll bill and that an
    42  administrative violation fee is being imposed for each such unpaid toll;
    43    (e) "billing cycle" shall mean a period not to exceed thirty  calendar
    44  days for purposes of consolidated toll billing;
    45    (f)  "initial billing cycle" shall mean a period not to exceed fifteen
    46  calendar days after identifying the owner or other party responsible for
    47  paying the toll for the purpose of  consolidated  toll  billing  for  an
    48  obligation to pay a toll for the first time at a cashless tolling facil-
    49  ity in a six-month period; and
    50    (g)  "tolls  by mail program" shall mean any program operated by or on
    51  behalf of a public authority to send a toll bill to an owner whose vehi-
    52  cle crosses a cashless tolling facility  without  an  electronic  device
    53  that  successfully  transmits  information  through  an  electronic toll

        S. 1508                            182                           A. 2008
 
     1  collection system as defined in subdivision twelve  of  section  twenty-
     2  nine hundred eighty-five of this title.
     3    2.  In  the  case  of  an owner who incurs an obligation to pay a toll
     4  under the Tolls by Mail program at a cashless tolling facility,  a  toll
     5  bill  shall  be  sent within six calendar days of the end of the initial
     6  billing cycle and  each  subsequent  billing  cycle.  Unless  the  owner
     7  consents  to  have toll bills sent by electronic means of communication,
     8  toll bills shall be sent to the owner by  first  class  mail  by  or  on
     9  behalf  of  the  public  authority  which operates such cashless tolling
    10  facility. The owner shall have thirty days from the  date  of  the  toll
    11  bill  to  pay  the  incurred  toll. The toll bill shall include: (i) the
    12  total amount of the incurred tolls due, (ii) the date by  which  payment
    13  of the incurred tolls is due, (iii) an image of the license plate of the
    14  vehicle  being used or operated on the toll facility, (iv) notice of how
    15  to dispute the tolls and the grounds for doing so,  and  (v)  any  other
    16  information  required  by law or by the public authority. Each toll bill
    17  shall identify the date,  time,  location,  license  plate  number,  and
    18  state,  territory,  district,  province, nation or other jurisdiction of
    19  the license plate for each toll that has been incurred.
    20    3. Any toll bill required to be sent pursuant to this section by first
    21  class mail may instead be sent, with consent,  by  electronic  means  of
    22  communication by or on behalf of the public authority, which consent can
    23  be  revoked at any time by the owner with notice to the public authority
    24  or its agent. Such consent shall be deemed to be revoked when  any  toll
    25  bill  is unable to be delivered by electronic means of communication. It
    26  shall be the sole responsibility of the owner to update the address used
    27  for electronic means of communication to the owner. A manual or automat-
    28  ic record of electronic communications prepared in the  ordinary  course
    29  of business shall be adequate record of electronic notice.
    30    4.  In the case of an owner who does not pay a toll incurred under the
    31  Tolls by Mail program on a cashless facility at the place and  time  and
    32  in  the manner established for collection of such toll in the toll bill,
    33  a notice of violation shall be sent notifying the owner that the toll is
    34  unpaid and an administrative violation fee is  being  imposed  for  each
    35  such  unpaid toll. The notice of violation shall be sent to the owner by
    36  first class mail by or on behalf of the public authority which  operates
    37  such  cashless tolling facility to an address supplied by the applicable
    38  department of motor vehicles, the United States Postal Service  National
    39  Change  of  Address  Service or the owner. The notice of violation shall
    40  include: (i)  the  total  amount  of  unpaid  tolls  and  administrative
    41  violation  fees  due,  (ii)  the  date by which payment of the tolls and
    42  administrative violation fees is due, and (iii)  any  other  information
    43  required  by  law  or  by the public authority. Each notice of violation
    44  shall identify the date,  time,  location,  license  plate  number,  and
    45  state,  territory,  district,  province, nation or other jurisdiction of
    46  the license plate for each unpaid toll that has been incurred.
    47    5. Nothing in this section shall  prohibit  a  public  authority  from
    48  collecting any toll, fee, or penalty in the event that an owner does not
    49  properly  register a vehicle pursuant to the laws, rules and regulations
    50  of this state, or any other state, territory, district, province, nation
    51  or other jurisdiction.
    52    6. Any owner or responsible party who incurs an obligation  to  pay  a
    53  toll  under  the  Tolls by Mail program at a public authority's cashless
    54  tolling facility shall have an option to receive text message  or  elec-
    55  tronic  mail  alerts that a toll has been incurred. Such alerts shall be
    56  provided to the owner no more than seventy-two hours after the owner  or

        S. 1508                            183                           A. 2008
 
     1  responsible  party  is identified. Each public authority shall create an
     2  online registration for text message or electronic mail  alerts  that  a
     3  toll  has  been  incurred  under the Tolls by Mail program at a cashless
     4  tolling  facility. In the event an owner chooses to receive text message
     5  or electronic mail alerts of a toll incurred, it shall  be  the  owner's
     6  sole  responsibility  to  provide and then update any mobile numbers and
     7  any electronic mail addresses to which alerts  are  sent.  A  manual  or
     8  automatic  record  of electronic communications prepared in the ordinary
     9  course of business shall be adequate record of electronic notice.
    10    7. Any public authority that  operates  a  cashless  tolling  facility
    11  shall  maintain  a  website and toll-free phone number for any person to
    12  receive updated information on any tolls or fees which are  outstanding.
    13  Such  website  and  phone  number  shall be included on any toll bill or
    14  notice of violation sent by or on behalf of a public authority.
    15    8. Any public authority which operates  a  cashless  tolling  facility
    16  shall establish procedures for owners to dispute any tolls and violation
    17  fees  incurred  in  connection with toll bills. Such procedures shall be
    18  prominently displayed on such public authority's toll bills, notices  of
    19  violation and website.
    20    9.  Any  public  authority  which operates a cashless tolling facility
    21  shall conspicuously and prominently display  the  amount  of  tolls  for
    22  passenger  vehicles  and violation fees at that facility on signage of a
    23  reasonable size in a manner reasonably calculated to provide  ample  and
    24  adequate notice.
    25    10.  Nothing  in  this  section  shall  require  a public authority to
    26  perform any action or forebear from performing an action that  would  in
    27  the  public  authority's  sole  discretion  impair any covenant with the
    28  holders of any of the public authority's bonds,  notes  or  other  obli-
    29  gations.
    30    11.  This section shall not apply to the payment of the tolls by means
    31  of an electronic toll device that transmits information through an elec-
    32  tronic toll collection  system  as  defined  in  subdivision  twelve  of
    33  section twenty-nine hundred eighty-five of this title.
    34    12.  Every public authority which operates a cashless tolling facility
    35  shall undertake a public awareness campaign regarding  the  use  of  and
    36  process  involved  with  the  payment  of  tolls under the Tolls by Mail
    37  program at cashless tolling  facilities.  Each  public  authority  shall
    38  provide  for  sufficient  methods to obtain an electronic device for the
    39  charging of tolls  through  an  electronic  toll  collection  system  as
    40  defined in subdivision twelve of section twenty-nine hundred eighty-five
    41  of  this  title,  including,  in  the New York state thruway authority's
    42  discretion, making such devices available  at  service  areas  owned  or
    43  operated by the thruway authority.
    44    § 2. This act shall take effect immediately.
 
    45                                   PART KK
 
    46    Section  1.  Paragraph  (a)  of  subdivision 17 of section 1005 of the
    47  public authorities law, as amended by chapter 494 of the laws  of  2011,
    48  is amended to read as follows:
    49    (a)  As  deemed feasible and advisable by the trustees, to (i) finance
    50  [and], design, develop, construct,  implement,  provide  and  administer
    51  energy-related projects, programs and services for itself, for any other
    52  public  entity,  any  independent  not-for-profit  institution of higher
    53  education within the state, [and] any recipient of [the] economic devel-
    54  opment power, expansion power, replacement  power,  preservation  power,

        S. 1508                            184                           A. 2008
 
     1  high  load factor power, municipal distribution agency power, [power for
     2  jobs, and] or recharge New York power [programs administered]  allocated
     3  by  the  authority and any party located within the state under contract
     4  with the authority to purchase power from the authority pursuant to this
     5  title  or any other law, and (ii) provide energy supply services for any
     6  public entity.  In  establishing  and  providing  high  performance  and
     7  sustainable  building  programs and services authorized by this subdivi-
     8  sion, the authority is  authorized  to  consult  standards,  guidelines,
     9  rating  systems,  and/or criteria established or adopted by other organ-
    10  izations, including but not limited to the United States green  building
    11  council  under  its leadership in energy and environmental design (LEED)
    12  programs, the green building initiative's green  globes  rating  system,
    13  and the American National Standards Institute. The source of any financ-
    14  ing  and/or  loans  provided  by  the authority for the purposes of this
    15  subdivision may be the proceeds of notes issued pursuant to section  one
    16  thousand  nine-a of this title, the proceeds of bonds issued pursuant to
    17  section one thousand ten of this title, or any other available authority
    18  funds.
    19    § 2. Subparagraphs 2 and 3 of  paragraph  (b)  of  subdivision  17  of
    20  section  1005  of the public authorities law, as added by chapter 477 of
    21  the laws of 2009 and such subdivision as renumbered  by  section  16  of
    22  part  CC  of  chapter  60  of  the  laws of 2011, are amended to read as
    23  follows:
    24    (2) "Energy-related projects, programs and services"  means  projects,
    25  programs  and  services  related  to  energy efficiency and conservation
    26  [projects and services], energy management, energy  supply  reliability,
    27  clean  energy  technology  [projects and services], and high performance
    28  and sustainable building [programs and services], and the  construction,
    29  installation  and/or  operation  of  facilities  or  equipment  done  in
    30  connection with any such projects, programs or services.
    31    (3) "Energy services contract" or "contract" means a contract pursuant
    32  to which the authority provides energy-related  projects,  programs  and
    33  services or energy supply services.
    34    §  3.  Paragraph  (b)  of subdivision 17 of section 1005 of the public
    35  authorities law is amended by adding a new subparagraph 2-a to  read  as
    36  follows:
    37    (2-a)  "Energy  supply  services" means services pursuant to which the
    38  authority supplies energy, power and/or related credits or attributes to
    39  a public entity, and includes the supply of any such energy products for
    40  the purpose of meeting the energy-related needs of any municipal  corpo-
    41  ration and/or the residents of a municipal corporation under a community
    42  choice aggregation program approved by the public service commission.
    43    §  4.  Paragraph  (c)  of subdivision 17 of section 1005 of the public
    44  authorities law, as added by chapter 477 of the laws of  2009  and  such
    45  subdivision  as renumbered by section 16 of part CC of chapter 60 of the
    46  laws of 2011, is amended to read as follows:
    47    (c) Any public entity is authorized to [enter into an energy services]
    48  contract with the authority for energy-related  projects,  programs  and
    49  services and contract with the authority for energy supply services that
    50  are  authorized  by  this  subdivision,  provided that (i) the authority
    51  issues and advertises written requests for proposals  from  third  party
    52  providers  of  goods  and  services  in  accordance with the authority's
    53  procurement policies, procedures and/or guidelines, and (ii) the author-
    54  ity shall not contract with a third party provider of goods and services
    55  if such person is listed on a debarment list maintained and published in
    56  accordance with New York law, as being ineligible to submit a bid on  or

        S. 1508                            185                           A. 2008
 
     1  be awarded any public contract or subcontract with the state, any munic-
     2  ipal  corporation  or public body. For the purpose of meeting the energy
     3  needs of any municipal corporation and its residents under  a  community
     4  choice  aggregation  program  approved by the public service commission,
     5  the authority is authorized to contract with any entity that has entered
     6  into a written agreement with such municipal corporation to administer a
     7  community choice aggregation program or to  procure  energy  or  related
     8  products  for  such municipal corporation and/or its residents under the
     9  community choice aggregation program.
    10    § 5. Subparagraph (i) of paragraph (d) of subdivision  17  of  section
    11  1005  of the public authorities law, as added by chapter 477 of the laws
    12  of 2009 and such subdivision as renumbered by section 16 of part  CC  of
    13  chapter 60 of the laws of 2011, is amended to read as follows:
    14    (d)(i) Notwithstanding any other provision of law to the contrary, any
    15  energy  services  contract entered into by the authority with any public
    16  entity: (1) may have  a  term  of  up  to  thirty-five  years  duration,
    17  provided,  however,  that  the  duration  of any such contract shall not
    18  exceed the reasonably expected useful life of any facilities  or  equip-
    19  ment  constructed,  installed or operated as part of such energy-related
    20  projects, programs and services subject to such contract; and (2) in the
    21  case of an energy services contract with any  municipal  corporation  or
    22  agency,  shall  contain  the  following  clause: "This contract shall be
    23  deemed executory only to the  extent  of  the  monies  appropriated  and
    24  available  for  the purpose of the contract, and no liability on account
    25  therefor shall be incurred beyond the  amount  of  such  monies.  It  is
    26  understood  that  neither  this  contract  nor any representation by any
    27  public employee or officer creates any  legal  or  moral  obligation  to
    28  request,  appropriate  or  make  available monies for the purpose of the
    29  contract."  A  school  district  or  board  of  cooperative  educational
    30  services  may  only  enter  into  an  energy  services contract with the
    31  authority for such maximum term as  is  prescribed  in  the  regulations
    32  promulgated  by  the commissioner of education or the useful life of the
    33  facilities or equipment being constructed, installed or operated, which-
    34  ever is less.
    35    § 6. Section 1005 of the public authorities law is amended by adding a
    36  new subdivision 9-a to read as follows:
    37    9-a. To design, finance, develop, construct, install,  lease,  operate
    38  and maintain electric vehicle charging stations throughout the state for
    39  use by the public.
    40    § 7. This act shall take effect immediately.
 
    41                                   PART LL
 
    42    Section  1.  Section  1005 of the public authorities law is amended by
    43  adding a new subdivision 26 to read as follows:
    44    26. (a) The authority is authorized, as deemed feasible and  advisable
    45  by  the trustees, to plan, finance, construct, acquire, operate, improve
    46  and maintain, either alone or jointly with one or more  other  entities,
    47  transmission facilities for the purpose of transmitting power and energy
    48  generated  by renewable generation projects that are located in whole or
    49  in part outside state  jurisdictional  waters  which  supplies  electric
    50  power  and  energy  to  the  state  of New York that the authority deems
    51  necessary and desirable in order to: (i) provide, support  and  maintain
    52  an  adequate  and  reliable  supply  of electric power and energy in the
    53  state of New York, and/or (ii) assist the state in meeting  state  ener-
    54  gy-related goals and standards.

        S. 1508                            186                           A. 2008
 
     1    (b) The source of any financing and/or loans provided by the authority
     2  for  any  of the actions authorized in paragraph (a) of this subdivision
     3  may be the proceeds of notes issued pursuant  to  section  one  thousand
     4  nine-a  of  this title, the proceeds of bonds issued pursuant to section
     5  one thousand ten of this title, or any other available authority funds.
     6    § 2. Section 1005 of the public authorities law is amended by adding a
     7  new subdivision 27 to read as follows:
     8    27.  (a)  Notwithstanding any other provision of this title, as deemed
     9  feasible and advisable by the trustees, the authority is  authorized  to
    10  undertake  the following actions when it deems it necessary or desirable
    11  to address the energy-related needs of any (i) authority customer,  (ii)
    12  public entity, or (iii) CCA community:
    13    (1)  supply  power,  energy, or related credits or attributes procured
    14  through a competitive  process,  from  competitive  market  sources,  or
    15  through  negotiation on terms and conditions determined by the authority
    16  to be reasonable, to any  authority  customer,  public  entity,  or  CCA
    17  community; and
    18    (2)  (A) alone or jointly with one or more other entities, finance the
    19  development of renewable energy generating projects that are located  in
    20  the  state,  including  its territorial waters, and/or on property or in
    21  waters under the jurisdiction or  regulatory  authority  of  the  United
    22  States,  (B)  purchase  power,  energy  or related credits or attributes
    23  produced from such renewable energy generating projects, and  (C)  allo-
    24  cate and sell any such products to any authority customer, to any public
    25  entity,  and, for the purpose of meeting the energy-related needs of any
    26  CCA community, to any municipal corporation that supplies electricity to
    27  a CCA community or any other entity that  has  entered  into  a  written
    28  agreement  with  a  CCA  community to administer a CCA program or supply
    29  electricity to a CCA community.
    30    (b) Any public entity  is  hereby  authorized  to  contract  with  the
    31  authority  for  the  purchase  of  power,  energy, or related credits or
    32  attributes which the authority is authorized to supply  under  paragraph
    33  (a) of this subdivision.
    34    (c) The source of any financing and/or loans provided by the authority
    35  for  any  of the actions authorized in paragraph (a) of this subdivision
    36  may be the proceeds of notes issued pursuant  to  section  one  thousand
    37  nine-a  of  this title, the proceeds of bonds issued pursuant to section
    38  one thousand ten of this title, or any other available authority funds.
    39    (d) The authority shall complete and submit a  report,  on  or  before
    40  January  thirty-first,  two  thousand twenty, and annually thereafter on
    41  those actions undertaken pursuant to this subdivision to  the  governor,
    42  the  speaker of the assembly, the temporary president of the senate, the
    43  chair of the assembly ways and means committee, the chair of the  senate
    44  finance  committee,  the  chair of the assembly energy committee and the
    45  chair of  the  senate  energy  and  telecommunications  committee.  Such
    46  report,  at a minimum, shall include: (i) a description of all renewable
    47  energy generating projects developed in  connection  with  the  authori-
    48  zation  provided  in  this  subdivision,  including  the total number of
    49  projects developed, the renewable energy resource for each project,  the
    50  location  of each project, and the nameplate generating capacity of each
    51  project; (ii) identification of all public entities that have  purchased
    52  renewable  power,  energy,  or  related  credits  or attributes from the
    53  authority that are derived from  renewable  energy  generating  projects
    54  developed in connection with the authorization provided in this subdivi-
    55  sion,  including  the  projects  from  which such products were derived;
    56  (iii) identification of all  authority  customers  that  have  purchased

        S. 1508                            187                           A. 2008
 
     1  renewable  power,  energy,  or  related  credits  or attributes from the
     2  authority that are derived from  renewable  energy  generating  projects
     3  developed in connection with the authorization provided in this subdivi-
     4  sion,  including the projects from which such products were derived; and
     5  (iv) the aggregate amount of increased renewable power and energy gener-
     6  ation developed in connection with the authorization  in  this  subdivi-
     7  sion.
     8    (e)  For  purposes of this subdivision, the following terms shall have
     9  the meanings indicated in this paragraph unless  the  context  indicates
    10  another meaning or intent:
    11    (i) "Authority customer" means an entity located in the state to which
    12  the  authority  sells or is under contract to sell power or energy under
    13  the authority in this title or any other law.
    14    (ii) "CCA community" means one or more municipal corporations  located
    15  within  the  state that have provided for the purchase of power, energy,
    16  or related credits or other attributes under a CCA program.
    17    (iii) "CCA program"  means  a  community  choice  aggregation  program
    18  approved by the public service commission.
    19    (iv) "Public entity" has the meaning ascribed to that term by subpara-
    20  graph five of paragraph (b) of subdivision seventeen of this section.
    21    (v) "Renewable energy resources" means solar power, wind power, hydro-
    22  electric,  and any other generation resource authorized by any renewable
    23  energy standard adopted by the state for the purpose of implementing any
    24  state clean energy standard.
    25    (vi) "Renewable energy generating project" means a project that gener-
    26  ates power and energy by means of renewable energy  resources,  or  that
    27  stores  and  supplies  power  and energy generated by means of renewable
    28  energy resources, and includes  the  construction,  installation  and/or
    29  operation  of  ancillary facilities or equipment done in connection with
    30  any such renewable energy generating projects, provided,  however,  that
    31  such term shall not include the authority's Saint Lawrence hydroelectric
    32  project or Niagara hydroelectric project.
    33    (vii) "State" means the state of New York.
    34    §  3.  Nothing in this act is intended to limit, impair, or affect the
    35  legal authority of the Power Authority of the State of  New  York  under
    36  any other provision of this title.
    37    § 4. This act shall take effect immediately.
 
    38                                   PART MM
 
    39    Section  1.  The  state finance law is amended by adding a new section
    40  99-ff to read as follows:
    41    § 99-ff. Parks retail stores fund. 1. Notwithstanding sections  eight,
    42  eight-a  and  seventy  of  this  chapter and any other provision of law,
    43  rule, regulation or practice to the contrary,  there  is  hereby  estab-
    44  lished in the joint custody of the state comptroller and the commission-
    45  er of tax and finance a parks retail stores fund, which shall be classi-
    46  fied  by  the  state  comptroller as an enterprise fund, and which shall
    47  consist of all moneys received from  private  entities  and  individuals
    48  from  retail  operations  at  state  parks,  recreational facilities and
    49  historic sites operated by the office of parks, recreation and  historic
    50  preservation.
    51    2.  Moneys within the parks retail stores fund shall be made available
    52  to the commissioner of parks, recreation and historic  preservation  for
    53  services  and expenses relating to the operation of retail stores and in

        S. 1508                            188                           A. 2008
 
     1  support of the sale of retail goods at state parks, recreational facili-
     2  ties and historic sites.
     3    § 2. The state finance law is amended by adding a new section 99-gg to
     4  read as follows:
     5    §  99-gg.  Golf fund.   1. Notwithstanding sections eight, eight-a and
     6  seventy of this chapter and any other provision of law, rule, regulation
     7  or practice to the contrary, there is hereby established  in  the  joint
     8  custody of the state comptroller and the commissioner of tax and finance
     9  a  golf  fund,  which shall be classified by the state comptroller as an
    10  enterprise fund, and which shall consist of all  moneys  collected  from
    11  private  entities and individuals for the use of state-owned golf cours-
    12  es, any other miscellaneous fees associated with the use  of  such  golf
    13  courses,  and  sale  of  retail  goods  and services at state owned golf
    14  courses.
    15    2. Moneys within the golf fund shall be made available to the  commis-
    16  sioner  of  parks, recreation and historic preservation for services and
    17  expenses of the office of parks, recreation  and  historic  preservation
    18  relating  to  the  direct  maintenance and operation of state owned golf
    19  courses, and in support of the sale of  retail  goods  and  services  at
    20  state owned golf courses.
    21    §  3.  This  act  shall take effect immediately and shall be deemed to
    22  have been in full force and effect on and after April 1, 2019.

    23                                   PART NN
 
    24    Section 1. Subdivision 7 of section 2611  of  the  public  authorities
    25  law,  as  amended  by  section  3 of part C of chapter 60 of the laws of
    26  2012, is amended to read as follows:
    27    7. To enter into contracts, leases and subleases and  to  execute  all
    28  instruments  necessary  or convenient for the conduct of authority busi-
    29  ness, including agreements with the park district and any  state  agency
    30  which  administers, owns or supervises any olympic facility or Belleayre
    31  Mountain ski center, as provided in sections twenty-six  hundred  twelve
    32  and  twenty-six  hundred fourteen of this title, and including contracts
    33  or other agreements to plan, prepare  for  and  host  olympic  or  other
    34  national or international games or events where such contracts or agree-
    35  ments  would  obligate  the authority to defend, indemnify and/or insure
    36  third parties in connection with, arising out of, or  relating  to  such
    37  games  or  events,  such  authority  to  be limited by the amount of any
    38  lawful appropriation for that purpose.  With respect to the two thousand
    39  twenty-three world university games, the amount  of  such  appropriation
    40  shall be no less than sixteen million dollars;
    41    § 2. This act shall take effect immediately.
 
    42                                   PART OO
 
    43    Section  1.  Clauses  6  and 7 of subparagraph (B) of paragraph (i) of
    44  subdivision (b) of section 349-g of the highway law, as added by chapter
    45  78 of the laws of 2018, are amended to read as follows:
    46    6. Within the  waters  of  Flushing  Bay  South  45°-38'-00"  East,  a
    47  distance  of  1092.05'  to  a  point in the waters of Flushing Bay, said
    48  point also being the westerly line of Tax Map Lot 65 Block  [789]  1789,
    49  thence;
    50    7.  Along the westerly line of same South 05°-02'-52" East, a distance
    51  of 456.35' to a point in the westerly line of Tax Map Lot 65 Block [789]
    52  1789, thence;

        S. 1508                            189                           A. 2008
 
     1    § 2. This act shall take effect immediately and  shall  be  deemed  to
     2  have  been  in full force and effect on and after chapter 78 of the laws
     3  of 2018 took effect; and, provided, however, that the amendments made to
     4  section 349-g of the social services law by  section  one  of  this  act
     5  shall not affect the repeal of such section and shall be deemed repealed
     6  therewith.
     7    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     8  sion,  section  or  part  of  this act shall be adjudged by any court of
     9  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    10  impair,  or  invalidate  the remainder thereof, but shall be confined in
    11  its operation to the clause, sentence, paragraph,  subdivision,  section
    12  or part thereof directly involved in the controversy in which such judg-
    13  ment shall have been rendered. It is hereby declared to be the intent of
    14  the  legislature  that  this  act  would  have been enacted even if such
    15  invalid provisions had not been included herein.
    16    § 3. This act shall take effect immediately  provided,  however,  that
    17  the applicable effective date of Parts A through OO of this act shall be
    18  as specifically set forth in the last section of such Parts.
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