A03005 Summary:

BILL NOA03005B
 
SAME ASNo Same As
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2023-2024 state fiscal year; extends certain provisions of law until 2025 (Part A); establishes the hazard mitigation state revolving loan fund (Part G); permits paying a training stipend to volunteer firefighters (Part H); expands the eligibility for World Trade Center death and disability benefits for members of New York's organized militia (Part J); sets compensation and reimbursement for representation by assigned counsel (Part P); extends provisions continuing the state commission on the restoration of the capitol (Part Q); moves the special accidental death benefit appropriation from the department of audit and control to the general fund's miscellaneous all state department and agencies; adds such benefits paid by counties (Part Y); extends certain provisions relating to specially eligible premises and special rebates; extends certain provisions relating to exemptions and deductions from base rent; extends certain provisions relating to eligibility periods and requirements; extends certain provisions relating to eligibility periods and requirements, benefit periods and applications for abatements; extends certain provisions relating to a special reduction in determining the taxable base rent (Part AA); relates to waiving state civil service examination fees between July 1, 2023 and December 31, 2026; requires the department of civil service to conduct a study on the impacts thereof; provides for the repeal of such provisions upon the expiration thereof (Part DD); relates to the operation and administration of the legislature, in relation to extending such provisions (Part EE).
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A03005 Actions:

BILL NOA03005B
 
02/01/2023referred to ways and means
03/06/2023amend (t) and recommit to ways and means
03/06/2023print number 3005a
03/14/2023amend (t) and recommit to ways and means
03/14/2023print number 3005b
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A03005 Committee Votes:

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A03005 Floor Votes:

There are no votes for this bill in this legislative session.
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A03005 Memo:

Memo not available
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A03005 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3005--B
 
                   IN ASSEMBLY
 
                                    February 1, 2023
                                       ___________
 
        A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
          the Constitution -- read once and referred to the  Committee  on  Ways
          and  Means -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee

        AN ACT to amend chapter 887 of the laws of 1983, amending the correction
          law relating to the psychological testing of candidates,  in  relation
          to  the  effectiveness  thereof;  to  amend chapter 428 of the laws of
          1999, amending the executive law and the criminal procedure law relat-
          ing to expanding the geographic area of employment of  certain  police
          officers,  in relation to extending the expiration of such chapter; to
          amend chapter 886 of the laws of 1972, amending the correction law and
          the penal law relating to prisoner furloughs in certain cases and  the
          crime of absconding therefrom, in relation to the effectiveness there-
          of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
          and  54  of  the  laws  of 1987, the correction law, the penal law and
          other chapters  and  laws  relating  to  correctional  facilities,  in
          relation  to  the  effectiveness  thereof; to amend chapter 339 of the
          laws of 1972, amending the correction law and the penal  law  relating
          to  inmate work release, furlough and leave, in relation to the effec-
          tiveness thereof; to amend chapter 60 of the laws of 1994 relating  to
          certain  provisions which impact upon expenditure of certain appropri-
          ations made by chapter 50 of the laws of 1994 enacting the state oper-
          ations budget, in relation to  the  effectiveness  thereof;  to  amend
          chapter  55  of  the laws of 1992, amending the tax law and other laws
          relating to taxes,  surcharges,  fees  and  funding,  in  relation  to
          extending  the  expiration  of  certain provisions of such chapter; to
          amend chapter 907 of the laws of 1984, amending  the  correction  law,
          the New York city criminal court act and the executive law relating to
          prison  and  jail housing and alternatives to detention and incarcera-
          tion programs, in relation to  extending  the  expiration  of  certain
          provisions  of such chapter; to amend chapter 166 of the laws of 1991,
          amending the tax law and other laws relating to taxes, in relation  to
          extending  the  expiration  of  certain provisions of such chapter; to
          amend the vehicle and traffic law, in relation to extending the  expi-
          ration  of the mandatory surcharge and victim assistance fee; to amend
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12570-03-3

        A. 3005--B                          2
 
          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 expiration thereof; to amend chapter 435 of the laws  of
          1997,  amending  the  military  law and other laws relating to various
          provisions, in relation to extending the expiration date of the  merit
          provisions of the correction law and the penal law of such chapter; to
          amend chapter 412 of the laws of 1999, amending the civil practice law
          and  rules and the court of claims act relating to prisoner litigation
          reform, in relation to extending the expiration of the  inmate  filing
          fee  provisions of the civil practice law and rules and general filing
          fee provision and inmate property claims exhaustion requirement of the
          court of claims act of such chapter; to amend chapter 222 of the  laws
          of  1994  constituting  the  family  protection  and domestic violence
          intervention act of 1994, in relation to extending the  expiration  of
          certain  provisions of the criminal procedure law requiring the arrest
          of certain persons engaged in family violence; to amend chapter 505 of
          the laws of 1985, amending the criminal procedure law relating to  the
          use  of  closed-circuit  television  and other protective measures for
          certain child witnesses, in relation to extending  the  expiration  of
          the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
          ing  the  sentencing  reform act of 1995, in relation to extending the
          expiration of certain provisions of such chapter; to amend chapter 689
          of the laws of 1993 amending the criminal procedure  law  relating  to
          electronic  court  appearance  in  certain  counties,  in  relation to
          extending the expiration thereof; to amend chapter 688 of the laws  of
          2003,  amending  the executive law relating to enacting the interstate
          compact for adult offender supervision, in relation to the  effective-
          ness  thereof;  to  amend chapter 56 of the laws of 2009, amending the
          correction law relating to limiting the closing of certain correction-
          al facilities, providing for the custody by the department of  correc-
          tional  services  of inmates serving definite sentences, providing for
          custody of federal prisoners and  requiring  the  closing  of  certain
          correctional  facilities,  in  relation  to  the effectiveness of such
          chapter; to amend chapter 152 of the laws of 2001 amending  the  mili-
          tary  law  relating  to  military  funds  of the organized militia, in
          relation to the effectiveness thereof; to amend  chapter  554  of  the
          laws  of  1986, amending the correction law and the penal law relating
          to providing for community treatment facilities and  establishing  the
          crime of absconding from the community treatment facility, in relation
          to  the  effectiveness thereof; and to amend chapter 55 of the laws of
          2018, amending the criminal procedure law relating to the pre-criminal
          proceeding settlements in the City of New York,  in  relation  to  the
          effectiveness thereof (Part A); intentionally omitted (Part B); inten-
          tionally  omitted  (Part  C);  intentionally  omitted (Part D); inten-
          tionally omitted (Part E); intentionally omitted (Part  F);  to  amend
          the state finance law and executive law, in relation to establishing a
          hazard mitigation revolving loan fund (Part G); to amend the volunteer
          firefighters'  benefit  law and the general municipal law, in relation
          to permitting the paying of a training stipend to volunteer firefight-
          ers (Part H); intentionally omitted (Part I); to  amend  the  military
          law,  in  relation  to  the  expansion  of eligibility for World Trade
          Center death and disability benefits for members of New York's  organ-
          ized  militia  (Part J); intentionally omitted (Part K); intentionally
          omitted (Part L); intentionally omitted (Part M); intentionally  omit-
          ted (Part N); intentionally omitted (Part O); to amend the county law,
          the  judiciary  law  and  the  executive  law, in relation to entitled

        A. 3005--B                          3
 
          compensation for client representation (Part P); to amend chapter  303
          of the laws of 1988, relating to the extension of the state commission
          on  the  restoration  of  the  capitol,  in relation to extending such
          provisions  for an additional five years (Part Q); intentionally omit-
          ted (Part R); intentionally omitted (Part  S);  intentionally  omitted
          (Part  T); intentionally omitted (Part U); intentionally omitted (Part
          V); intentionally omitted (Part W); intentionally omitted (Part X); to
          amend the general municipal law, in relation  to  moving  the  special
          accidental  death  benefit  appropriation from the department of audit
          and control to the general fund's miscellaneous all  state  department
          and  agencies  (Part  Y); intentionally omitted (Part Z); to amend the
          tax law and part C of chapter 2 of the laws of 2005 amending  the  tax
          law  relating  to  exemptions from sales and use taxes, in relation to
          extending certain provisions thereof; to amend the  general  city  law
          and  the  administrative  code of the city of New York, in relation to
          extending certain provisions relating to specially  eligible  premises
          and  special rebates;  to amend the administrative code of the city of
          New York, in relation to  extending  certain  provisions  relating  to
          exemptions  and deductions from base  rent; to amend the real property
          tax law, in relation  to  extending  certain  provisions  relating  to
          eligibility  periods  and requirements; to amend the real property tax
          law, in  relation to extending certain provisions relating  to  eligi-
          bility  periods and requirements, benefit periods and applications for
          abatements; and to amend the administrative code of the  city  of  New
          York,  in  relation  to  extending  certain  provisions  relating to a
          special reduction in determining the  taxable  base  rent  (Part  AA);
          intentionally  omitted  (Part BB); intentionally omitted (Part CC); to
          amend the civil service  law,  in  relation  to  waiving  state  civil
          service  examination  fees between July 1, 2023 and December 31, 2026;
          and to requiring the department of civil service to conduct a study on
          the impacts thereof; and providing for the repeal of  such  provisions
          upon the expiration thereof (Part DD); and to amend chapter 141 of the
          laws  of  1994, amending the legislative law and the state finance law
          relating to the operation and administration of  the  legislature,  in
          relation to extending such provisions (Part EE)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  necessary  to  implement the state public protection and general govern-
     3  ment budget for the 2023-2024 state fiscal year. Each component is whol-
     4  ly contained within a Part identified as Parts A through EE. The  effec-
     5  tive  date  for  each particular provision contained within such Part is
     6  set forth in the last section of such Part. Any provision in any section
     7  contained within a Part, including the effective date of the Part, which
     8  makes a reference to a section "of this act", when  used  in  connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding section of the Part in which it is found. Section three of
    11  this act sets forth the general effective date of this act.
 
    12                                   PART A
 
    13    Section  1. Section 2 of chapter 887 of the laws of 1983, amending the
    14  correction law relating to the psychological testing of  candidates,  as

        A. 3005--B                          4

     1  amended  by  section  1  of part A of chapter 55 of the laws of 2021, is
     2  amended to read as follows:
     3    § 2. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law and shall remain in effect until September 1,
     5  [2023] 2025.
     6    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
     7  tive  law  and  the  criminal  procedure  law  relating to expanding the
     8  geographic area of employment of certain police officers, as amended  by
     9  section  2  of  part  A of chapter 55 of the laws of 2021, is amended to
    10  read as follows:
    11    § 3. This act shall take effect on the  first  day  of  November  next
    12  succeeding  the  date  on  which  it  shall have become a law, and shall
    13  remain in effect until the first day of September, [2023] 2025, when  it
    14  shall expire and be deemed repealed.
    15    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
    16  correction law and the penal  law  relating  to  prisoner  furloughs  in
    17  certain  cases  and  the  crime  of  absconding therefrom, as amended by
    18  section 3 of part A of chapter 55 of the laws of  2021,  is  amended  to
    19  read as follows:
    20    §  3.  This act shall take effect 60 days after it shall have become a
    21  law and shall remain in effect until September 1, [2023] 2025.
    22    § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
    23  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    24  other  chapters and laws relating to correctional facilities, as amended
    25  by section 4 of part A of chapter 55 of the laws of 2021, is amended  to
    26  read as follows:
    27    § 20. This act shall take effect immediately except that section thir-
    28  teen  of  this  act shall expire and be of no further force or effect on
    29  and after September 1, [2023]  2025  and  shall  not  apply  to  persons
    30  committed to the custody of the department after such date, and provided
    31  further  that  the commissioner of corrections and community supervision
    32  shall report each January first and July first during such time  as  the
    33  earned  eligibility  program is in effect, to the chairmen of the senate
    34  crime victims, crime and correction committee, the senate codes  commit-
    35  tee,  the  assembly correction committee, and the assembly codes commit-
    36  tee, the standards in effect for earned  eligibility  during  the  prior
    37  six-month  period,  the  number  of inmates subject to the provisions of
    38  earned eligibility, the number who  actually  received  certificates  of
    39  earned  eligibility  during  that  period of time, the number of inmates
    40  with certificates who are granted parole upon their first  consideration
    41  for  parole,  the  number  with  certificates who are denied parole upon
    42  their first consideration, and the number  of  individuals  granted  and
    43  denied parole who did not have earned eligibility certificates.
    44    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    45  amending  the tax law and other laws relating to taxes, surcharges, fees
    46  and funding, as amended by section 5 of part A of chapter 55 of the laws
    47  of 2021, is amended to read as follows:
    48    (q) the provisions of section two  hundred  eighty-four  of  this  act
    49  shall  remain in effect until September 1, [2023] 2025 and be applicable
    50  to all persons entering the program on or before August 31, [2023] 2025.
    51    § 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
    52  correction  law  and  the  penal  law  relating  to inmate work release,
    53  furlough and leave, as amended by section 6 of part A of chapter  55  of
    54  the laws of 2021, is amended to read as follows:
    55    §  10. This act shall take effect 30 days after it shall have become a
    56  law and shall remain in effect  until  September  1,  [2023]  2025,  and

        A. 3005--B                          5
 
     1  provided  further  that  the commissioner of correctional services shall
     2  report each January first, and July first, to the chairman of the senate
     3  crime victims, crime and correction committee, the senate codes  commit-
     4  tee,  the  assembly correction committee, and the assembly codes commit-
     5  tee, the number of eligible inmates in each facility under  the  custody
     6  and  control  of  the commissioner who have applied for participation in
     7  any program offered under the provisions of work release,  furlough,  or
     8  leave, and the number of such inmates who have been approved for partic-
     9  ipation.
    10    §  7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
    11  relating to certain provisions which impact upon expenditure of  certain
    12  appropriations  made  by  chapter  50  of the laws of 1994, enacting the
    13  state operations budget, as amended by section 7 of part A of chapter 55
    14  of the laws of 2021, is amended to read as follows:
    15    (c) sections forty-one and forty-two of this act shall expire  Septem-
    16  ber  1,  [2023] 2025; provided, that the provisions of section forty-two
    17  of this act shall apply to inmates entering the work release program  on
    18  or after such effective date; and
    19    §  8.  Subdivision  (aa)  of  section 427 of chapter 55 of the laws of
    20  1992, amending the tax law and other laws relating to taxes, surcharges,
    21  fees and funding, as amended by section 10 of part A of  chapter  55  of
    22  the laws of 2021, is amended to read as follows:
    23    (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
    24  hundred eighty-three and three hundred eighty-four  of  this  act  shall
    25  expire on September 1, [2023] 2025;
    26    §  9.  Section  12  of  chapter  907 of the laws of 1984, amending the
    27  correction law, the New York city criminal court act and  the  executive
    28  law  relating  to  prison and jail housing and alternatives to detention
    29  and incarceration programs, as amended by section 11 of part A of  chap-
    30  ter 55 of the laws of 2021, is amended to read as follows:
    31    §  12.  This  act  shall  take  effect  immediately,  except  that the
    32  provisions of sections one through ten of this act shall remain in  full
    33  force  and  effect  until  September  1, [2023] 2025 on which date those
    34  provisions shall be deemed to be repealed.
    35    § 10. Subdivision (p) of section 406 of chapter 166  of  the  laws  of
    36  1991,  amending the tax law and other laws relating to taxes, as amended
    37  by section 12 of part A of chapter 55 of the laws of 2021, is amended to
    38  read as follows:
    39    (p) The amendments to section 1809 of the vehicle and traffic law made
    40  by sections three hundred thirty-seven and three hundred thirty-eight of
    41  this act shall not apply to any offense committed prior to  such  effec-
    42  tive  date;  provided,  further, that section three hundred forty-one of
    43  this act shall take effect immediately and shall expire November 1, 1993
    44  at which time it  shall  be  deemed  repealed;  sections  three  hundred
    45  forty-five  and  three  hundred  forty-six of this act shall take effect
    46  July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
    47  six,  three hundred fifty-seven and three hundred fifty-nine of this act
    48  shall take effect immediately and shall expire June 30, 1995  and  shall
    49  revert to and be read as if this act had not been enacted; section three
    50  hundred  fifty-eight of this act shall take effect immediately and shall
    51  expire June 30, 1998 and shall revert to and be read as if this act  had
    52  not been enacted; section three hundred sixty-four through three hundred
    53  sixty-seven  of  this  act  shall apply to claims filed on or after such
    54  effective date; sections three hundred sixty-nine, three hundred  seven-
    55  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
    56  hundred seventy-five and three hundred seventy-six  of  this  act  shall

        A. 3005--B                          6
 
     1  remain  in  effect  until  September  1, [2023] 2025, at which time they
     2  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
     3  surcharge  provided  in  section  three hundred seventy-four of this act
     4  shall  apply  to parking violations occurring on or after said effective
     5  date; and provided further that the amendments made to  section  235  of
     6  the vehicle and traffic law by section three hundred seventy-two of this
     7  act,  the amendments made to section 1809 of the vehicle and traffic law
     8  by sections three hundred thirty-seven and three hundred thirty-eight of
     9  this act and the amendments made to section 215-a of the  labor  law  by
    10  section three hundred seventy-five of this act shall expire on September
    11  1,  [2023]  2025  and upon such date the provisions of such subdivisions
    12  and sections shall revert to and be read as if the  provisions  of  this
    13  act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
    14  section 400.05 of the penal law made by sections three hundred  seventy-
    15  seven  and  three hundred seventy-eight of this act shall expire on July
    16  1, 1992 and upon such date the provisions  of  such  subdivisions  shall
    17  revert  and  shall be read as if the provisions of this act had not been
    18  enacted; the state board of law examiners shall take such action  as  is
    19  necessary to assure that all applicants for examination for admission to
    20  practice  as  an  attorney and counsellor at law shall pay the increased
    21  examination fee provided for by the amendment made to section 465 of the
    22  judiciary law by section three hundred eighty of this act for any  exam-
    23  ination given on or after the effective date of this act notwithstanding
    24  that an applicant for such examination may have prepaid a lesser fee for
    25  such examination as required by the provisions of such section 465 as of
    26  the  date  prior  to  the  effective date of this act; the provisions of
    27  section 306-a of the civil practice law and rules as  added  by  section
    28  three  hundred eighty-one of this act shall apply to all actions pending
    29  on or commenced on or after September 1, 1991, provided,  however,  that
    30  for  the  purposes of this section service of such summons made prior to
    31  such date shall be deemed to have been completed on September  1,  1991;
    32  the  provisions  of section three hundred eighty-three of this act shall
    33  apply to all money deposited  in  connection  with  a  cash  bail  or  a
    34  partially  secured  bail  bond  on or after such effective date; and the
    35  provisions of sections  three  hundred  eighty-four  and  three  hundred
    36  eighty-five  of  this  act  shall  apply  only to jury service commenced
    37  during a judicial term beginning on or after the effective date of  this
    38  act; provided, however, that nothing contained herein shall be deemed to
    39  affect  the  application,  qualification,  expiration  or  repeal of any
    40  provision of law amended by any section of this act and such  provisions
    41  shall  be  applied or qualified or shall expire or be deemed repealed in
    42  the same manner, to the same extent and on the same date as the case may
    43  be as otherwise provided by law;
    44    § 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    45  amended by section 13 of part A of chapter 55 of the laws  of  2021,  is
    46  amended to read as follows:
    47    8. The provisions of this section shall only apply to offenses commit-
    48  ted  on  or  before September first, two thousand [twenty-three] twenty-
    49  five.
    50    § 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    51  cle and traffic law relating to the ignition interlock  device  program,
    52  as amended by section 14 of part A of chapter 55 of the laws of 2021, is
    53  amended to read as follows:
    54    §  6.  This  act  shall  take  effect  on  the first day of April next
    55  succeeding the date on which it  shall  have  become  a  law;  provided,
    56  however,  that  effective immediately, the addition, amendment or repeal

        A. 3005--B                          7

     1  of any rule or regulation necessary for the implementation of the  fore-
     2  going  sections  of  this  act on their effective date is authorized and
     3  directed to be made and completed on or before such effective  date  and
     4  shall  remain in full force and effect until the first day of September,
     5  [2023] 2025 when upon such date the provisions  of  this  act  shall  be
     6  deemed repealed.
     7    § 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
     8  laws of 1997, amending the military law and other laws relating to vari-
     9  ous  provisions, as amended by section 15 of part A of chapter 55 of the
    10  laws of 2021, is amended to read as follows:
    11    a. sections forty-three through forty-five of this  act  shall  expire
    12  and be deemed repealed on September 1, [2023] 2025;
    13    § 14. Section 4 of part D of chapter 412 of the laws of 1999, amending
    14  the civil practice law and rules and the court of claims act relating to
    15  prisoner  litigation reform, as amended by section 16 of part A of chap-
    16  ter 55 of the laws of 2021, is amended to read as follows:
    17    § 4. This act shall take effect 120 days after it shall have become  a
    18  law  and shall remain in full force and effect until September 1, [2023]
    19  2025, when upon such date it shall expire.
    20    § 15. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
    21  constituting  the  family  protection and domestic violence intervention
    22  act of 1994, as amended by section 17 of part A of  chapter  55  of  the
    23  laws of 2021, is amended to read as follows:
    24    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
    25  added by section thirty-two of this act shall  take  effect  January  1,
    26  1996  and  shall  expire  and  be deemed repealed on September 1, [2023]
    27  2025.
    28    § 16. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    29  inal procedure law relating to the use of closed-circuit television  and
    30  other  protective  measures  for  certain child witnesses, as amended by
    31  section 18 of part A of chapter 55 of the laws of 2021,  is  amended  to
    32  read as follows:
    33    §  5.  This  act  shall take effect immediately and shall apply to all
    34  criminal actions and proceedings commenced prior to the  effective  date
    35  of  this  act  but  still  pending  on such date as well as all criminal
    36  actions and proceedings commenced on or after such  effective  date  and
    37  its provisions shall expire on  September 1, [2023] 2025, when upon such
    38  date the provisions of this act shall be deemed repealed.
    39    §  17.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
    40  enacting the sentencing reform act of 1995, as amended by section 19  of
    41  part A of chapter 55 of the laws of 2021, is amended to read as follows:
    42    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
    43  thirty through thirty-nine, forty-two and forty-four of this  act  shall
    44  be deemed repealed on September 1, [2023] 2025;
    45    § 18. Section 2 of chapter 689 of the laws of 1993, amending the crim-
    46  inal  procedure  law  relating to electronic court appearance in certain
    47  counties, as amended by section 20 of part A of chapter 55 of  the  laws
    48  of 2021, is amended to read as follows:
    49    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    50  provisions of this act shall be deemed to have been in  full  force  and
    51  effect  since  July  1, 1992 and the provisions of this act shall expire
    52  September 1, [2023] 2025 when upon such date the provisions of this  act
    53  shall be deemed repealed.
    54    § 19. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    55  utive law relating to enacting the interstate compact for adult offender

        A. 3005--B                          8
 
     1  supervision,  as  amended  by  section 21 of part A of chapter 55 of the
     2  laws of 2021, is amended to read as follows:
     3    §  3.  This act shall take effect immediately, except that section one
     4  of this act shall take effect on the first of  January  next  succeeding
     5  the date on which it shall have become a law, and shall remain in effect
     6  until  the  first  of  September,  [2023] 2025, upon which date this act
     7  shall be deemed repealed and have no further force and effect;  provided
     8  that  section one of this act shall only take effect with respect to any
     9  compacting state  which  has  enacted  an  interstate  compact  entitled
    10  "Interstate  compact for adult offender supervision" and having an iden-
    11  tical effect to that added by section  one  of  this  act  and  provided
    12  further  that with respect to any such compacting state, upon the effec-
    13  tive date of section one of this act, section 259-m of the executive law
    14  is hereby deemed REPEALED and section 259-mm of the  executive  law,  as
    15  added  by  section  one  of  this  act,  shall take effect; and provided
    16  further that with respect to any state which has not enacted  an  inter-
    17  state  compact  entitled  "Interstate  compact for adult offender super-
    18  vision" and having an identical effect to that added by section  one  of
    19  this  act,  section 259-m of the executive law shall take effect and the
    20  provisions of section one of this act, with respect to any  such  state,
    21  shall  have no force or effect until such time as such state shall adopt
    22  an interstate compact entitled "Interstate compact  for  adult  offender
    23  supervision" and having an identical effect to that added by section one
    24  of  this  act in which case, with respect to such state, effective imme-
    25  diately, section 259-m of the  executive  law  is  deemed  repealed  and
    26  section  259-mm  of  the  executive law, as added by section one of this
    27  act, shall take effect.
    28    § 20. Section 8 of part H of chapter 56 of the laws of 2009,  amending
    29  the  correction  law relating to limiting the closing of certain correc-
    30  tional facilities, providing  for  the  custody  by  the  department  of
    31  correctional  services  of inmates serving definite sentences, providing
    32  for custody of federal prisoners and requiring the  closing  of  certain
    33  correctional  facilities,  as amended by section 22 of part A of chapter
    34  55 of the laws of 2021, is amended to read as follows:
    35    § 8. This act shall take effect immediately;  provided,  however  that
    36  sections  five  and  six of this act shall expire and be deemed repealed
    37  September 1, [2023] 2025.
    38    § 21. Section 3 of part C of chapter 152 of the laws of 2001, amending
    39  the military law relating to military funds of the organized militia, as
    40  amended by section 23 of part A of chapter 55 of the laws  of  2021,  is
    41  amended to read as follows:
    42    § 3. This act shall take effect immediately; provided however that the
    43  amendments  made  to subdivision 1 of section 221 of the military law by
    44  section two of this act shall expire and be deemed repealed September 1,
    45  [2023] 2025.
    46    § 22. Section 5 of chapter 554 of  the  laws  of  1986,  amending  the
    47  correction  law  and  the  penal law relating to providing for community
    48  treatment facilities and establishing the crime of absconding  from  the
    49  community  treatment  facility,  as  amended  by section 24 of part A of
    50  chapter 55 of the laws of 2021, is amended to read as follows:
    51    § 5. This act shall take effect immediately and shall remain  in  full
    52  force  and  effect  until September 1, [2023] 2025, and provided further
    53  that the commissioner of correctional services shall report each January
    54  first and July first during such time as this legislation is in  effect,
    55  to  the  chairmen  of  the  senate  crime  victims, crime and correction
    56  committee, the senate codes committee, the assembly  correction  commit-

        A. 3005--B                          9
 
     1  tee, and the assembly codes committee, the number of individuals who are
     2  released to community treatment facilities during the previous six-month
     3  period,  including  the  total number for each date at each facility who
     4  are  not residing within the facility, but who are required to report to
     5  the facility on a daily or less frequent basis.
     6    § 23. Section 2 of part F of chapter 55 of the laws of 2018,  amending
     7  the  criminal  procedure law relating to pre-criminal proceeding settle-
     8  ments in the city of New York, as amended by section 25  of  part  A  of
     9  chapter 55 of the laws of 2021, is amended to read as follows:
    10    §  2.  This act shall take effect immediately and shall remain in full
    11  force and effect until March 31, [2023] 2025, when it shall  expire  and
    12  be deemed repealed.
    13    § 24. This act shall take effect immediately.
 
    14                                   PART B
 
    15                            Intentionally Omitted
 
    16                                   PART C
 
    17                            Intentionally Omitted
 
    18                                   PART D
 
    19                            Intentionally Omitted
 
    20                                   PART E
 
    21                            Intentionally Omitted
 
    22                                   PART F
 
    23                            Intentionally Omitted
 
    24                                   PART G
 
    25    Section  1.  The  state finance law is amended by adding a new section
    26  99-qq to read as follows:
    27    § 99-qq. Hazard mitigation state revolving  loan  fund.  1.  There  is
    28  hereby  established  within  the  custody of the state comptroller a new
    29  fund to be known as the "hazard mitigation revolving loan fund".
    30    2. The fund shall consist of all moneys  appropriated  therefore,  all
    31  moneys received by the state pursuant to a capitalization grant from the
    32  federal  emergency management agency in accordance with the Safeguarding
    33  Tomorrow through Ongoing Risk Mitigation Act of 2020 (STORM  Act)  (P.L.
    34  116-284),  payments  of  principal  and  interest on loans made from the
    35  fund, and interest earned on amounts in the fund.
    36    3. Moneys of the account, when allocated, shall be  available  to  the
    37  commissioner of the Division of Homeland Security and Emergency Services
    38  to  make  loans pursuant to section seven hundred nineteen of the execu-
    39  tive law.

        A. 3005--B                         10
 
     1    § 2. The executive law is amended by adding a new section 719 to  read
     2  as follows:
     3    § 719. Loans  for  eligible  hazard  mitigation  activities.    1. The
     4  commissioner may make loans to local  governments  for  eligible  hazard
     5  mitigation  activities,  as  defined  in the STORM Act and corresponding
     6  federal regulations, to reduce  disaster  risks  for  homeowners,  busi-
     7  nesses,  non-profit  organizations, and communities subject to available
     8  funds for such purpose pursuant to section ninety-nine-qq of  the  state
     9  finance law.
    10    2.  The commissioner may make loans under this section subject to such
    11  other terms and conditions of the STORM Act,  and  related  federal  and
    12  state rules, regulations, policies and guidelines.
    13    § 3. This act shall take effect immediately.
 
    14                                   PART H
 
    15    Section 1. Intentionally omitted.
    16    § 2. Subdivision 3 of section 3 of the volunteer firefighters' benefit
    17  law,  as  amended by chapter 458 of the laws of 1996, is amended to read
    18  as follows:
    19    3. "Line of duty" means the performance by a volunteer firefighter  as
    20  a volunteer firefighter of the duties and activities described in subdi-
    21  vision  one of section five of this chapter and the same such duties and
    22  activities performed for a specialized team established pursuant to  the
    23  provisions  of  section two hundred nine-bb of the general municipal law
    24  for which the volunteer firefighter does not receive any remuneration or
    25  a gratuity and shall be deemed to include any date of injury  as  deter-
    26  mined  by  the workers' compensation board pursuant to the provisions of
    27  section forty-one of this chapter. The following shall not be deemed  to
    28  be remuneration or a gratuity: receipt of a training stipend as outlined
    29  in section two hundred-aa of the general municipal law; reimbursement of
    30  expenses for meals, lodging and actual and necessary travel; the receipt
    31  of  a  mileage  allowance  in  lieu  of travel expense; reimbursement of
    32  expenses for registration and tuition fees payable under section  seven-
    33  ty-two-g of the general municipal law, and the acceptance of transporta-
    34  tion,  food, drink, shelter, clothing and similar items while on duty or
    35  engaged in such activities.
    36    § 3. The general municipal law is amended  by  adding  a  new  section
    37  200-aa to read as follows:
    38    § 200-aa. Training stipend for volunteer firefighters. 1. For purposes
    39  of this section:
    40    (a)  "fire  company" shall have the same meaning as defined in section
    41  three of the volunteer firefighters' benefit law.
    42    (b) "training stipend" means payment of a nominal fee to  a  volunteer
    43  firefighter of a stipend for completion of certain firefighter training,
    44  as  identified  and  published  by  the  office  of  fire prevention and
    45  control.
    46    (c) "volunteer firefighter" shall have the same meaning as defined  in
    47  section three of the volunteer firefighters' benefit law.
    48    2.  The governing board of a city, town, village or fire district may,
    49  by local law, ordinance or  resolution,  authorize  a  fire  company  to
    50  provide training stipends to volunteer firefighters.
    51    3.  The office of fire prevention and control may make available state
    52  funds  through  a  training  stipend  to  volunteer   firefighters   for
    53  completion  of certain firefighter training, as identified and published
    54  by the office of fire prevention and control.

        A. 3005--B                         11
 
     1    4. No volunteer firefighter may receive a training stipend  from  both
     2  a volunteer fire company pursuant to subdivision two of this section and
     3  the  office of fire prevention and control pursuant to subdivision three
     4  of this section for completion of the same firefighter training.
     5    5.  The  office  of fire prevention and control shall promulgate rules
     6  and regulations necessary to implement the provisions of this section.
     7    § 4. Intentionally omitted.
     8    § 5. Intentionally omitted.
     9    § 6. Intentionally omitted.
    10    § 7. Intentionally omitted.
    11    § 8. Paragraph c of subdivision 1 of  section  205-g  of  the  general
    12  municipal  law,  as added by chapter 559 of the laws of 2006, is amended
    13  to read as follows:
    14    c. "Line of duty" means the performance by a volunteer firefighter  of
    15  the  duties  and activities described in subdivision one of section five
    16  of the volunteer firefighters' benefit law and the same such duties  and
    17  activities  performed for a specialized team established pursuant to the
    18  provisions of section two hundred nine-bb of this article for which  the
    19  volunteer  firefighter  does  not receive any remuneration or a gratuity
    20  and shall be deemed to include any date of injury as determined  by  the
    21  workers'  compensation  board  pursuant  to  the  provisions  of section
    22  forty-one of the volunteer  firefighters'  benefit  law.  The  following
    23  shall  not  be deemed to be remuneration or a gratuity: reimbursement of
    24  expenses for meals, lodging and actual and necessary travel; the receipt
    25  of a mileage allowance in  lieu  of  travel  expense;  reimbursement  of
    26  expenses  for registration and tuition fees payable under section seven-
    27  ty-two-g of this chapter, [and] the acceptance of transportation,  food,
    28  drink,  shelter,  clothing and similar items while on duty or engaged in
    29  such activities; and receipt  of  a  training  stipend  as  outlined  in
    30  section two hundred-aa of this article.
    31    § 9. Intentionally omitted.
    32    §  10.  This act shall take effect on the ninetieth day after it shall
    33  become a law.
 
    34                                   PART I
 
    35                            Intentionally Omitted
 
    36                                   PART J
 
    37    Section 1. Subdivisions 1, 2, and 6 of section  217  of  the  military
    38  law, subdivisions 1 and 6 as amended by chapter 141 of the laws of 1988,
    39  and  subdivision  2  as  amended  by chapter 63 of the laws of 1976, are
    40  amended and a new subdivision 8 is added to read as follows:
    41    1. Any member of the organized militia who (a) shall  be  disabled  or
    42  has  been  so  disabled in the performance of any actual service of this
    43  state within three years preceding the application for a  pension  under
    44  this chapter, in case of riots, tumults, breach of the peace, resistance
    45  to  process, invasion, insurrection or imminent danger thereof, or when-
    46  ever called upon in aid of the civil authorities, or  while  engaged  in
    47  any  lawfully  ordered  parade,  drill, encampment or inspection, shall,
    48  upon proof of the fact, as hereinafter provided, be placed on the  disa-
    49  bility  retired roll of the state and shall receive out of any moneys in
    50  the treasury of the state, not otherwise appropriated, upon the approval
    51  of the chief of staff and approval of the governor, the same pension  or

        A. 3005--B                         12
 
     1  reward  that persons under similar circumstances receive from the United
     2  States[.], or
     3    (b)  was  ordered  into  the  active  service of the state on or after
     4  September eleventh, two thousand one, and participated  in  World  Trade
     5  Center  site  rescue,  recovery,  or  cleanup operations as part of such
     6  active service, and who is determined  to  have  incurred  a  qualifying
     7  World Trade Center condition, as hereinafter provided, shall be entitled
     8  to  receive the greater of: (i) placement on the disability retired roll
     9  of the state and receipt out of moneys in the treasury of the state, not
    10  otherwise appropriated, upon the approval of  the  chief  of  staff  and
    11  approval  of the governor, the same pension or reward that persons under
    12  similar circumstances receive from the United States; or (ii) a perform-
    13  ance of duty disability allowance equivalent to  three-quarters  of  the
    14  member's  final average salary. The deadline for submitting any qualify-
    15  ing claim under this paragraph shall be on or before September eleventh,
    16  two thousand twenty-six. The adjutant general of the division  of  mili-
    17  tary and naval affairs is authorized to promulgate regulations to imple-
    18  ment the provisions of this paragraph.
    19    2.  In  case any such member of the organized militia (a) shall die as
    20  the result of any such wound, injury or disease within one year after it
    21  has been incurred or contracted, the surviving  spouse,  children  under
    22  twenty-one years of age or dependent parent of such member of the organ-
    23  ized  militia  shall  receive  such  pension and reward as persons under
    24  similar circumstances receive from the United States[.], or
    25    (b) was ordered into the active service  of  the  state  on  or  after
    26  September  eleventh,  two  thousand one, and participated in World Trade
    27  Center site rescue, recovery, or cleanup  operations  as  part  of  such
    28  active service, and whose death is determined to be the result of incur-
    29  ring a qualifying World Trade Center condition, as hereinafter provided,
    30  the  surviving spouse, children under twenty-one years of age or depend-
    31  ent parent of such member of the organized militia shall be entitled  to
    32  receive  the  greater  of:  (i) such pension and reward as persons under
    33  similar circumstances receive from the United States; or (ii)  an  acci-
    34  dental  death benefit equivalent to one-half of the member's final aver-
    35  age salary. The deadline for submitting any qualifying claim under  this
    36  paragraph  shall  be on or before September eleventh, two thousand twen-
    37  ty-six. The adjutant general of  the  division  of  military  and  naval
    38  affairs  is  authorized  to  promulgate  regulations  to  implement  the
    39  provisions of this paragraph.
    40    6. Before the name of any person is placed upon the disability retired
    41  roll of the state under this section, proof shall be  made  under  regu-
    42  lations  issued  pursuant to this chapter that the applicant is entitled
    43  to such pension or reward; provided, however, that in the  case  of  the
    44  death  or  disability  of  a member of the organized militia who partic-
    45  ipated in World Trade Center rescue,   recovery or  cleanup  operations,
    46  and  in  which such death or disability is determined, pursuant to regu-
    47  lations issued under this chapter, to have been the result of a qualify-
    48  ing World Trade Center condition, then unless the contrary is proved  by
    49  competent  evidence,  it shall be presumed that such death or disability
    50  was the natural and proximate result of an  accident  sustained  in  the
    51  performance of actual service of this state and not as a result of will-
    52  ful negligence on the part of such member.  The chief of staff, with the
    53  approval of the governor, shall cause to be [striken] stricken from such
    54  roll  the  name  of any person whenever it appears by satisfactory proof
    55  that such name was put  upon  such  roll  through  false  or  fraudulent
    56  representations.  The chief of staff, with the approval of the governor,

        A. 3005--B                         13
 
     1  may  increase, reduce or withdraw any pension or reward according to the
     2  right and justice and the practice under the laws and regulations of the
     3  United States.
     4    8. For the purposes of this section:
     5    (a)  "Qualifying World Trade Center condition" shall mean a qualifying
     6  condition or impairment of health resulting in disability to a member of
     7  the organized militia who participated in  World  Trade  Center  rescue,
     8  recovery, or cleanup operations for a qualifying period.
     9    (b) "Qualifying condition or impairment of health" shall mean a quali-
    10  fying  physical  condition,  or a qualifying psychological condition, or
    11  both.
    12    (c) "Qualifying  physical  condition"  and  "qualifying  psychological
    13  condition"  shall  have  the  same  meaning as such terms are defined in
    14  subdivision thirty-six of section two of the retirement and social secu-
    15  rity law.
    16    (d) "Participated in World Trade Center rescue, recovery,  or  cleanup
    17  operations"  shall  mean  any  member  of the organized militia who: (i)
    18  participated in the rescue, recovery, or cleanup operations at the World
    19  Trade Center site; (ii) worked at the Fresh Kills Land Fill in New York;
    20  (iii) worked at the New York city morgue or the temporary morgue on pier
    21  locations on the west side of Manhattan; (iv) manned the barges  between
    22  the west side of Manhattan and the Fresh Kills Land Fill in New York; or
    23  (v)  repaired, cleaned or rehabilitated vehicles or equipment, including
    24  emergency vehicle radio equipment owned by the city  of  New  York  that
    25  were  contaminated  by debris in the World Trade Center site, regardless
    26  of whether the work on the repair, cleaning or  rehabilitation  of  said
    27  vehicles and equipment was performed within the World Trade Center site,
    28  provided  such work was performed prior to decontamination of such vehi-
    29  cles or equipment.
    30    (e) "World Trade Center site" shall mean anywhere below a line  start-
    31  ing from the Hudson River and Canal Street; east on Canal Street to Pike
    32  Street;  south  on  Pike  Street to the East River; and extending to the
    33  lower tip of Manhattan.
    34    (f) "Qualifying period" shall mean: (i) any period of time within  the
    35  forty-eight  hours  after  the  first airplane hit the towers; or (ii) a
    36  total of forty hours accumulated any time  between  September  eleventh,
    37  two thousand one and September twelfth, two thousand two.
    38    § 2. This act shall take effect immediately.
 
    39                                   PART K
 
    40                            Intentionally Omitted
 
    41                                   PART L
 
    42                            Intentionally Omitted
 
    43                                   PART M
 
    44                            Intentionally Omitted
 
    45                                   PART N

        A. 3005--B                         14
 
     1                            Intentionally Omitted
 
     2                                   PART O

     3                            Intentionally Omitted
 
     4                                   PART P
 
     5    Section 1. Section 722-b of the county law, as amended by section 2 of
     6  part J of chapter 62 of the laws of 2003, is amended to read as follows:
     7    §  722-b.  Compensation  and  reimbursement for representation. 1. All
     8  counsel assigned in accordance with a plan of a bar association conform-
     9  ing to the requirements of section  seven  hundred  twenty-two  of  this
    10  article  whereby the services of private counsel are rotated and coordi-
    11  nated by an administrator shall at the conclusion of the  representation
    12  receive[:
    13    (a)  for  representation of a person entitled to representation by law
    14  who is initially charged with a misdemeanor or  lesser  offense  and  no
    15  felony,  compensation  for  such misdemeanor or lesser offense represen-
    16  tation at a rate of sixty dollars per hour for time expended in court or
    17  before a magistrate, judge or justice, and sixty dollars  per  hour  for
    18  time  reasonably  expended out of court, and shall receive reimbursement
    19  for expenses reasonably incurred; and
    20    (b)] for representation of a person in all [other] cases  governed  by
    21  this  article,  including  all  representation  in  an  appellate court,
    22  compensation at a rate of [seventy-five] one hundred sixty-four  dollars
    23  per  hour  for  time  expended  in  court  before a magistrate, judge or
    24  justice and [seventy-five] one hundred sixty-four dollars per  hour  for
    25  time  reasonably  expended out of court, and shall receive reimbursement
    26  for expenses reasonably incurred.
    27    2. [Except as provided in this section, compensation for time expended
    28  in providing representation:
    29    (a) pursuant to paragraph (a) of subdivision one of this section shall
    30  not exceed two thousand four hundred dollars; and
    31    (b) pursuant to paragraph (b) of subdivision one of this section shall
    32  not exceed four thousand four hundred dollars.
    33    3. For representation on an  appeal,  compensation  and  reimbursement
    34  shall  be  fixed  by  the appellate court. For all other representation,
    35  compensation and reimbursement shall be fixed by the trial court  judge.
    36  In  extraordinary  circumstances  a trial or appellate court may provide
    37  for compensation in excess of the foregoing limits and  for  payment  of
    38  compensation and reimbursement for expenses before the completion of the
    39  representation.]  In  extraordinary  circumstances  a trial or appellate
    40  court may provide for compensation in excess  of  the  foregoing  limits
    41  pursuant  to  subdivision one of this section and for payment of compen-
    42  sation and reimbursement for  expenses  before  the  completion  of  the
    43  representation.
    44    [4.]  3.  Each  claim  for  compensation  and  reimbursement  shall be
    45  supported by a sworn statement specifying the  time  expended,  services
    46  rendered,  expenses  incurred  and reimbursement or compensation applied
    47  for or received in the same case  from  any  other  source.  No  counsel
    48  assigned  hereunder  shall  seek  or accept any fee for representing the
    49  party for whom he or she is assigned without approval of  the  court  as
    50  herein provided.

        A. 3005--B                         15
 
     1    § 2. Section 722-e of the county law, as amended by section 11 of part
     2  VVV of chapter 59 of the laws of 2017, is amended to read as follows:
     3    §  722-e. Expenses. 1. All expenses for providing counsel and services
     4  other than counsel hereunder shall be a county charge or in the case  of
     5  a county wholly located within a city a city charge to be paid out of an
     6  appropriation  for such purposes. Provided, however, that any such addi-
     7  tional expenses incurred for the provision of counsel and services as  a
     8  result  of the implementation of a plan established pursuant to subdivi-
     9  sion four of section eight hundred  thirty-two  of  the  executive  law,
    10  including any interim steps taken to implement such plan, shall be reim-
    11  bursed by the state to the county or city providing such services.  Such
    12  plans shall be submitted by the office of indigent legal services to the
    13  director  of  the  division of budget for review and approval.  However,
    14  the director's approval shall be limited solely to the plan's  projected
    15  fiscal  impact  of  the required appropriation for the implementation of
    16  such plan, and his or her approval shall not be  unreasonably  withheld.
    17  The  state  shall  appropriate  funds  sufficient  to  provide  for  the
    18  reimbursement required by this section; provided further  that  counties
    19  have  no  authority to withhold payments approved by the appellate court
    20  or trial court judge.
    21    2. All expenses for providing counsel and services pursuant to section
    22  seven hundred twenty-two-b of this article in excess  of  sixty  dollars
    23  per  hour  of  representation for a misdemeanor or lesser offense and no
    24  felony, or seventy-five dollars per hour for all other    representation
    25  governed  by  this  article  shall  be  reimbursed  by the state.   Such
    26  reimbursement shall be paid  in  accordance  with  a  certification  and
    27  reimbursement   process  developed  by  the  office  of  indigent  legal
    28  services.
    29    § 3. Subdivision 3 of section 35 of the judiciary law, as  amended  by
    30  section  5  of  part  J of chapter 62 of the laws of 2003, is amended to
    31  read as follows:
    32    3. No counsel assigned pursuant to this section shall seek  or  accept
    33  any fee for representing the person for whom he or she is assigned with-
    34  out  approval  of the court as herein provided. Whenever it appears that
    35  such person is financially  able  to  obtain  counsel  or  make  partial
    36  payment  for  the  representation,  counsel  may report this fact to the
    37  court and the court may terminate the assignment or  authorize  payment,
    38  as  the  interests  of  justice  may  dictate,  to such counsel. Counsel
    39  assigned hereunder shall at the conclusion of the representation receive
    40  compensation at a rate of [seventy-five] one hundred sixty-four  dollars
    41  per  hour  for  time  expended  in court, and [seventy-five] one hundred
    42  sixty-four dollars per hour for time reasonably expended out  of  court,
    43  and  shall  receive reimbursement for expenses reasonably incurred. [For
    44  representation upon a hearing, compensation and reimbursement  shall  be
    45  fixed  by  the  court wherein the hearing was held and such compensation
    46  shall not exceed four thousand four hundred dollars. For  representation
    47  in  an appellate court, compensation and reimbursement shall be fixed by
    48  such court and such compensation shall not  exceed  four  thousand  four
    49  hundred  dollars.]  In extraordinary circumstances the court may provide
    50  for compensation in excess of the foregoing limits.
    51    § 4. Section 35 of the judiciary law is amended by adding a new subdi-
    52  vision 9 to read as follows:
    53    9.  All expenses for providing counsel and services pursuant to subdi-
    54  vision three of this section shall be funded by the state.
    55    § 5. Paragraphs (l) and (m) of subdivision 3 of  section  832  of  the
    56  executive law, as added by section 1 of part E of chapter 56 of the laws

        A. 3005--B                         16
 
     1  of  2010,  are  amended  and  a  new  paragraph  (n) is added to read as
     2  follows:
     3    (l)  to present findings and make recommendations for consideration by
     4  the indigent legal services board established pursuant to section  eight
     5  hundred thirty-three of this article; [and]
     6    (m)  to  execute decisions of the indigent legal services board estab-
     7  lished pursuant to section eight hundred thirty-three of  this  article,
     8  including the distribution of funds[.]; and
     9    (n) to create a uniform certification process for the reimbursement of
    10  expenses  pursuant  to  subdivision two of section seven hundred twenty-
    11  two-e of the county law.
    12    § 6. This act shall take effect April 1, 2023. Effective  immediately,
    13  the  addition, amendment, and/or repeal of any rule or regulation neces-
    14  sary for the implementation of  this  act  on  its  effective  date  are
    15  authorized to be made and completed on or before such effective date.
 
    16                                   PART Q
 
    17    Section  1.  Section 2 of chapter 303 of the laws of 1988, relating to
    18  the extension of the state commission on the restoration of the capitol,
    19  as amended by section 1 of part T of chapter 55 of the laws of 2018,  is
    20  amended to read as follows:
    21    §  2. The temporary state commission on the restoration of the capitol
    22  is hereby renamed as the state commission  on  the  restoration  of  the
    23  capitol (hereinafter to be referred to as the "commission") and is here-
    24  by  continued  until April 1, [2023] 2028.  The commission shall consist
    25  of eleven members to be appointed as  follows:  five  members  shall  be
    26  appointed  by the governor; two members shall be appointed by the tempo-
    27  rary president of the senate; two members  shall  be  appointed  by  the
    28  speaker  of  the assembly; one member shall be appointed by the minority
    29  leader of the senate; one member shall  be  appointed  by  the  minority
    30  leader  of  the  assembly,  together  with  the  commissioner of general
    31  services and the commissioner of parks, recreation and historic  preser-
    32  vation.  The  term  for  each  elected  member shall be for three years,
    33  except that of the first five members appointed  by  the  governor,  one
    34  shall  be for a one year term, and two shall be for a two year term, and
    35  one of the first appointments by the president of the senate and by  the
    36  speaker  of  the assembly shall be for a two year term. Any vacancy that
    37  occurs in the commission shall be filled in the same manner in which the
    38  original appointment was made. The commission shall elect a chairman and
    39  a vice-chairman from among its  members.    The  members  of  the  state
    40  commission  on  the  restoration  of  the  capitol shall be deemed to be
    41  members of the commission until  their  successors  are  appointed.  The
    42  members  of  the  commission  shall  receive  no  compensation for their
    43  services, but shall be reimbursed for their expenses actually and neces-
    44  sarily incurred by them in the performance of their duties hereunder.
    45    § 2. Section 9 of chapter 303 of the laws of  1988,  relating  to  the
    46  extension  of the state commission on the restoration of the capitol, as
    47  amended  by  section 2 of part T of chapter 55 of the laws  of  2018, is
    48  amended to read as follows:
    49    § 9. This act shall take effect immediately, and shall remain in  full
    50  force and effect until April 1, [2023] 2028.
    51    §  3. This act shall take effect immediately and  shall  be  deemed to
    52  have been in full force and effect on and after April 1, 2023;  provided
    53  that the amendments to section 2 of chapter 303 of the laws of 1988 made

        A. 3005--B                         17
 
     1  by section one of this act shall not affect the expiration of such chap-
     2  ter, and shall be deemed to expire therewith.
 
     3                                   PART R
 
     4                            Intentionally Omitted
 
     5                                   PART S
 
     6                            Intentionally Omitted
 
     7                                   PART T
 
     8                            Intentionally Omitted

     9                                   PART U
 
    10                            Intentionally Omitted
 
    11                                   PART V
 
    12                            Intentionally Omitted
 
    13                                   PART W
 
    14                            Intentionally Omitted
 
    15                                   PART X
 
    16                            Intentionally Omitted
 
    17                                   PART Y
 
    18    Section  1. The opening paragraph and paragraph 1 of subdivision b and
    19  subdivision e of section 208-f of the general municipal law, paragraph 1
    20  of subdivision b and subdivision e as added by chapter 472 of  the  laws
    21  of 1978 and the opening paragraph of subdivision b as amended by chapter
    22  782 of the laws of 2022, are amended and a new subdivision k is added to
    23  read as follows:
    24    The  special  accidental  death  benefit  shall be paid by the county,
    25  city, town or village which employed the deceased member at the time  of
    26  death,  and  shall  consist of a pension which is equal to the salary of
    27  the deceased member, reduced by the sum of each of the  following  bene-
    28  fits  received by the widow or widower or the deceased member's children
    29  under the age of eighteen, if the widow or widower has died, or  to  the
    30  deceased  member's parents if the member has no widow, widower, children
    31  under the age of eighteen, or a student under the age  of  twenty-three,
    32  on account of the death of the deceased member:

        A. 3005--B                         18
 
     1    1.  Any death benefit and any supplementation thereto paid by the said
     2  county, city, town or village in the form of a pension, and
     3    e.  There  shall be appropriated to the [local assistance fund in the]
     4  general fund [to the department of audit and control] an amount equal to
     5  the special accidental death benefits paid pursuant  to  subdivisions  b
     6  and c of this section during each preceding state fiscal year, as certi-
     7  fied  to  the comptroller by the appropriate municipal official, for the
     8  purposes of reimbursing such special accidental death benefits.
     9    The monies appropriated [to the department of audit and  control]  and
    10  made  available  pursuant  to this subdivision shall be paid under rules
    11  and regulations adopted by the comptroller and subject to  the  approval
    12  of  the  director  of the budget upon the audit and warrant of the comp-
    13  troller on vouchers certified or approved as provided by law.
    14    k. In the case of a deceased county  member  who  died  prior  to  the
    15  effective  date  of  this subdivision, the payment of the benefit to the
    16  deceased member's  beneficiaries  pursuant  to  subdivision  f  of  this
    17  section,  shall  commence  on  the  effective  date of this subdivision,
    18  provided, however that the benefit amount shall be deemed to  have  been
    19  subject  to  annual  increases pursuant to subdivision b of this section
    20  and escalation pursuant to subdivision c of this section, from the  date
    21  of such member's death.
    22    §  2.  This  act shall take effect immediately, and shall be deemed to
    23  have been in full force and effect on and after April 1, 2023.
 
    24                                   PART Z
 
    25                            Intentionally Omitted

    26                                   PART AA
 
    27    Section 1. Subparagraph (A) of paragraph  7  of  subdivision  (ee)  of
    28  section  1115  of  the  tax  law,  as  amended by section 1 of item A of
    29  subpart H of part XXX of chapter 58 of the laws of 2020, is  amended  to
    30  read as follows:
    31    (A)  "Tenant" means a person who, as lessee, enters into a space lease
    32  with a landlord for a term of ten years or more commencing on  or  after
    33  September first, two thousand five, but not later than, in the case of a
    34  space lease with respect to leased premises located in eligible areas as
    35  defined  in  clause (i) of subparagraph (D) of this paragraph, September
    36  first, two thousand [twenty-three] twenty-six and,  in  the  case  of  a
    37  space lease with respect to leased premises located in eligible areas as
    38  defined  in  clause (ii) of subparagraph (D) of this paragraph not later
    39  than September first, two thousand [twenty-five] twenty-eight, of  prem-
    40  ises  for  use  as commercial office space in buildings located or to be
    41  located in the eligible areas. A person who currently occupies  premises
    42  for use as commercial office space under an existing lease in a building
    43  in  the  eligible  areas  shall not be eligible for exemption under this
    44  subdivision unless such existing lease, in the case  of  a  space  lease
    45  with  respect to leased premises located in eligible areas as defined in
    46  clause (i) of subparagraph (D) of this paragraph  expires  according  to
    47  its terms before September first, two thousand [twenty-three] twenty-six
    48  or  such  existing  lease,  in the case of a space lease with respect to
    49  leased premises located in eligible areas as defined in clause  (ii)  of
    50  subparagraph  (D)  of this paragraph and such person enters into a space
    51  lease, for a term of ten years or more commencing on or after  September

        A. 3005--B                         19
 
     1  first, two thousand five, of premises for use as commercial office space
     2  in  a  building located or to be located in the eligible areas, provided
     3  that such space lease with respect to leased premises located in  eligi-
     4  ble areas as defined in clause (i) of subparagraph (D) of this paragraph
     5  commences  no  later  than  September first, two thousand [twenty-three]
     6  twenty-six, and provided that such space lease with  respect  to  leased
     7  premises located in eligible areas as defined in clause (ii) of subpara-
     8  graph (D) of this paragraph commences no later than September first, two
     9  thousand  [twenty-five]  twenty-eight  and  provided, further, that such
    10  space lease shall expire no earlier than ten years after the  expiration
    11  of the original lease.
    12    § 2. Section 2 of part C of chapter 2 of the laws of 2005 amending the
    13  tax  law  relating to exemptions from sales and use taxes, as amended by
    14  section 2 of item A of subpart H of part XXX of chapter 58 of  the  laws
    15  of 2020, is amended to read as follows:
    16    § 2. This act shall take effect September 1, 2005 and shall expire and
    17  be  deemed repealed on December 1, [2026] 2029, and shall apply to sales
    18  made, uses occurring and services rendered on or  after  such  effective
    19  date,  in  accordance  with  the  applicable  transitional provisions of
    20  sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
    21  agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
    22  tax law, as added by section one of this act, shall expire and be deemed
    23  repealed December 1, [2024] 2027.
    24    § 3. Paragraph 1 of subdivision (b) of section  25-s  of  the  general
    25  city  law, as amended by section 3 of item A of subpart H of part XXX of
    26  chapter 58 of the laws of 2020, is amended to read as follows:
    27    (1) non-residential premises that are  wholly  contained  in  property
    28  that  is eligible to obtain benefits under title two-D or two-F of arti-
    29  cle four of the real property tax law, or would be eligible  to  receive
    30  benefits  under  such  article  except that such property is exempt from
    31  real property taxation and the requirements of paragraph (b) of subdivi-
    32  sion seven of section four hundred eighty-nine-dddd of such title two-D,
    33  or the requirements of subparagraph (ii) of paragraph (b) of subdivision
    34  five of section four hundred eighty-nine-cccccc  of  such  title  two-F,
    35  whichever is applicable, have not been satisfied, provided that applica-
    36  tion for such benefits was made after May third, nineteen hundred eight-
    37  y-five  and prior to July first, two thousand [twenty-three] twenty-six,
    38  that construction or renovation of such premises was described  in  such
    39  application, that such premises have been substantially improved by such
    40  construction  or  renovation  so  described,  that  the minimum required
    41  expenditure as defined in such title two-D or two-F, whichever is appli-
    42  cable, has been made, and that such  real  property  is  located  in  an
    43  eligible area; or
    44    §  4.  Paragraph  3  of subdivision (b) of section 25-s of the general
    45  city law, as amended by section 4 of item A of subpart H of part XXX  of
    46  chapter 58 of the laws of 2020, is amended to read as follows:
    47    (3) non-residential premises that are wholly contained in real proper-
    48  ty  that  has obtained approval after October thirty-first, two thousand
    49  and prior to July first,  two  thousand  [twenty-three]  twenty-six  for
    50  financing  by  an  industrial development agency established pursuant to
    51  article eighteen-A of the general  municipal  law,  provided  that  such
    52  financing  has  been  used  in whole or in part to substantially improve
    53  such premises (by construction or  renovation),  and  that  expenditures
    54  have  been  made for improvements to such real property in excess of ten
    55  per centum of the value at which such real property was assessed for tax
    56  purposes for the tax year in which  such  improvements  commenced,  that

        A. 3005--B                         20
 
     1  such  expenditures  have  been  made  within thirty-six months after the
     2  earlier of (i) the issuance by such agency of bonds for such  financing,
     3  or  (ii)  the  conveyance  of title to such property to such agency, and
     4  that such real property is located in an eligible area; or
     5    §  5.  Paragraph  5  of subdivision (b) of section 25-s of the general
     6  city law, as amended by section 5 of item A of subpart H of part XXX  of
     7  chapter 58 of the laws of 2020, is amended to read as follows:
     8    (5) non-residential premises that are wholly contained in real proper-
     9  ty  owned  by  such  city or the New York state urban development corpo-
    10  ration, or a subsidiary thereof, a  lease  for  which  was  approved  in
    11  accordance with the applicable provisions of the charter of such city or
    12  by  the  board  of  directors of such corporation, and such approval was
    13  obtained after October thirty-first, two  thousand  and  prior  to  July
    14  first,  two  thousand [twenty-three] twenty-six, provided, however, that
    15  such premises were constructed or renovated subsequent to such approval,
    16  that expenditures  have  been  made  subsequent  to  such  approval  for
    17  improvements  to  such  real property (by construction or renovation) in
    18  excess of ten per centum of the value at which such  real  property  was
    19  assessed  for  tax  purposes for the tax year in which such improvements
    20  commenced, that such  expenditures  have  been  made  within  thirty-six
    21  months  after the effective date of such lease, and that such real prop-
    22  erty is located in an eligible area; or
    23    § 6. Paragraph 2 of subdivision (c) of section  25-t  of  the  general
    24  city  law, as amended by section 6 of item A of subpart H of part XXX of
    25  chapter 58 of the laws of 2020, is amended to read as follows:
    26    (2) No eligible energy user, qualified eligible energy  user,  on-site
    27  cogenerator,  or clean on-site cogenerator shall receive a rebate pursu-
    28  ant to this article until it  has  obtained  a  certification  from  the
    29  appropriate  city agency in accordance with a local law enacted pursuant
    30  to this section. No such certification for a qualified  eligible  energy
    31  user  shall  be issued on or after November first, two thousand. No such
    32  certification of any other eligible energy user, on-site cogenerator, or
    33  clean on-site cogenerator shall be issued on or after  July  first,  two
    34  thousand [twenty-three] twenty-six.
    35    §  7.  Paragraph  1 of subdivision (a) of section 25-aa of the general
    36  city law, as amended by section 7 of item A of subpart H of part XXX  of
    37  chapter 58 of the laws of 2020, is amended to read as follows:
    38    (1) is eligible to obtain benefits under title two-D or two-F of arti-
    39  cle  four  of the real property tax law, or would be eligible to receive
    40  benefits under such title except that such property is exempt from  real
    41  property  taxation  and the requirements of paragraph (b) of subdivision
    42  seven of section four hundred eighty-nine-dddd of such title  two-D,  or
    43  the  requirements  of  subparagraph (ii) of paragraph (b) of subdivision
    44  five of section four hundred eighty-nine-cccccc  of  such  title  two-F,
    45  whichever  is  applicable,  of  the  real property tax law have not been
    46  satisfied, provided that application for such benefits  was  made  after
    47  the  thirtieth  day of June, nineteen hundred ninety-five and before the
    48  first  day  of  July,  two  thousand  [twenty-three]  twenty-six,   that
    49  construction  or  renovation of such building or structure was described
    50  in such application, that such building or structure has  been  substan-
    51  tially  improved  by  such  construction or renovation, and (i) that the
    52  minimum required expenditure as defined in such title has been made,  or
    53  (ii)  where  there  is  no  applicable minimum required expenditure, the
    54  building was constructed within such period or periods  of  time  estab-
    55  lished by title two-D or two-F, whichever is applicable, of article four

        A. 3005--B                         21
 
     1  of  the  real  property  tax  law  for construction of a new building or
     2  structure; or
     3    §  8.  Paragraphs  2  and 3 of subdivision (a) of section 25-aa of the
     4  general city law, as amended by section 8 of item A of subpart H of part
     5  XXX of chapter 58 of the laws of 2020, are amended to read as follows:
     6    (2) has obtained approval after the thirtieth day  of  June,  nineteen
     7  hundred  ninety-five  and  before  the  first  day of July, two thousand
     8  [twenty-three] twenty-six, for financing by  an  industrial  development
     9  agency established pursuant to article eighteen-A of the general munici-
    10  pal  law, provided that such financing has been used in whole or in part
    11  to substantially improve such building or structure by  construction  or
    12  renovation,  that  expenditures  have been made for improvements to such
    13  real property in excess of twenty per centum of the value at which  such
    14  real  property  was  assessed for tax purposes for the tax year in which
    15  such improvements commenced, and that such expenditures have  been  made
    16  within  thirty-six  months after the earlier of (i) the issuance by such
    17  agency of bonds for such financing, or (ii) the conveyance of  title  to
    18  such building or structure to such agency; or
    19    (3)  is  owned  by  the  city  of New York or the New York state urban
    20  development corporation, or a subsidiary corporation  thereof,  a  lease
    21  for  which  was approved in accordance with the applicable provisions of
    22  the charter of such city or by the board of  directors  of  such  corpo-
    23  ration,  as  the  case  may be, and such approval was obtained after the
    24  thirtieth day of June, nineteen hundred ninety-five and before the first
    25  day of July,  two  thousand  [twenty-three]  twenty-six,  provided  that
    26  expenditures  have  been  made for improvements to such real property in
    27  excess of twenty per centum of the value at which such real property was
    28  assessed for tax purposes for the tax year in  which  such  improvements
    29  commenced,  and  that such expenditures have been made within thirty-six
    30  months after the effective date of such lease; or
    31    § 9. Subdivision (f) of section 25-bb of  the  general  city  law,  as
    32  amended by section 9 of item A of subpart H of part XXX of chapter 58 of
    33  the laws of 2020, is amended to read as follows:
    34    (f) Application and certification. An owner or lessee of a building or
    35  structure  located  in  an  eligible revitalization area, or an agent of
    36  such owner or lessee, may apply to such  department  of  small  business
    37  services  for certification that such building or structure is an eligi-
    38  ble building or targeted  eligible  building  meeting  the  criteria  of
    39  subdivision  (a)  or  (q)  of  section  twenty-five-aa  of this article.
    40  Application for such certification must be filed after the thirtieth day
    41  of June, nineteen hundred ninety-five and before a  building  permit  is
    42  issued  for the construction or renovation required by such subdivisions
    43  and  before  the  first  day  of  July,  two   thousand   [twenty-three]
    44  twenty-six,  provided  that  no  certification  for  a targeted eligible
    45  building shall be issued after October thirty-first, two thousand.  Such
    46  application  shall  identify  expenditures  to  be made that will affect
    47  eligibility under such subdivision (a) or (q). Upon completion  of  such
    48  expenditures,  an applicant shall supplement such application to provide
    49  information (i) establishing that the criteria of such  subdivision  (a)
    50  or  (q)  have  been  met;  (ii) establishing a basis for determining the
    51  amount of special rebates, including a basis for an  allocation  of  the
    52  special  rebate among eligible revitalization area energy users purchas-
    53  ing or otherwise receiving energy services from an eligible  redistribu-
    54  tor of energy or a qualified eligible redistributor of energy; and (iii)
    55  supporting an allocation of charges for energy services between eligible
    56  charges  and  other charges. Such department shall certify a building or

        A. 3005--B                         22
 
     1  structure as an eligible building or targeted  eligible  building  after
     2  receipt  and  review  of  such information and upon a determination that
     3  such information establishes that the building or structure qualifies as
     4  an  eligible  building  or  targeted  eligible building. Such department
     5  shall mail such certification or notice thereof to  the  applicant  upon
     6  issuance.  Such certification shall remain in effect provided the eligi-
     7  ble redistributor of energy or qualified eligible redistributor of ener-
     8  gy reports any changes that materially affect the amount of the  special
     9  rebates  to  which it is entitled or the amount of reduction required by
    10  subdivision (c) of this section in an energy services bill of an  eligi-
    11  ble  revitalization  area  energy  user  and otherwise complies with the
    12  requirements of this article. Such department shall notify  the  private
    13  utility  or  public utility service required to make a special rebate to
    14  such redistributor of the amount of such special rebate  established  at
    15  the time of certification and any changes in such amount and any suspen-
    16  sion  or  termination  by  such  department  of certification under this
    17  subdivision. Such department may require some or all of the  information
    18  required  as  part  of  an  application or other report be provided by a
    19  licensed engineer.
    20    § 10. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
    21  trative code of the city of New York, as amended by section 10 of item A
    22  of subpart H of part XXX of chapter 58 of the laws of 2020,  is  amended
    23  to read as follows:
    24    (1)  Non-residential  premises  that  are wholly contained in property
    25  that is eligible to obtain benefits under part  four  or  part  five  of
    26  subchapter  two of chapter two of title eleven of this code, or would be
    27  eligible to receive benefits under such chapter except that such proper-
    28  ty is exempt from real property taxation and the requirements  of  para-
    29  graph  two  of  subdivision  g  of  section  11-259 of this code, or the
    30  requirements of subparagraph (b) of paragraph two of  subdivision  e  of
    31  section  11-270  of  this  code,  whichever is applicable, have not been
    32  satisfied, provided that application for such benefits  was  made  after
    33  May  third,  nineteen  hundred  eighty-five and prior to July first, two
    34  thousand [twenty-three] twenty-six, that construction or  renovation  of
    35  such premises was described in such application, that such premises have
    36  been  substantially  improved  by  such  construction  or  renovation so
    37  described, that the minimum required expenditure as defined in such part
    38  four or part five, whichever is applicable, has been made, and that such
    39  real property is located in an eligible area; or
    40    § 11. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
    41  trative code of the city of New York, as amended by section 11 of item A
    42  of subpart H of part XXX of chapter 58 of the laws of 2020,  is  amended
    43  to read as follows:
    44    (3) non-residential premises that are wholly contained in real proper-
    45  ty  that  has obtained approval after October thirty-first, two thousand
    46  and prior to July first,  two  thousand  [twenty-three]  twenty-six  for
    47  financing  by  an  industrial development agency established pursuant to
    48  article eighteen-A of the general  municipal  law,  provided  that  such
    49  financing  has  been  used  in whole or in part to substantially improve
    50  such premises (by construction or  renovation),  and  that  expenditures
    51  have  been  made for improvements to such real property in excess of ten
    52  per centum of the value at which such real property was assessed for tax
    53  purposes for the tax year in which  such  improvements  commenced,  that
    54  such  expenditures  have  been  made  within thirty-six months after the
    55  earlier of (i) the issuance by such agency of bonds for such  financing,

        A. 3005--B                         23
 
     1  or  (ii)  the  conveyance  of title to such property to such agency, and
     2  that such real property is located in an eligible area; or
     3    § 12. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
     4  trative code of the city of New York, as amended by section 12 of item A
     5  of  subpart  H of part XXX of chapter 58 of the laws of 2020, is amended
     6  to read as follows:
     7    (5) non-residential premises that are wholly contained in real proper-
     8  ty owned by such city or the New York  state  urban  development  corpo-
     9  ration,  or  a  subsidiary  thereof,  a  lease for which was approved in
    10  accordance with the applicable provisions of the charter of such city or
    11  by the board of directors of such corporation,  and  such  approval  was
    12  obtained  after  October  thirty-first,  two  thousand and prior to July
    13  first, two thousand [twenty-three] twenty-six, provided,  however,  that
    14  such premises were constructed or renovated subsequent to such approval,
    15  that  expenditures  have  been  made  subsequent  to  such  approval for
    16  improvements to such real property (by construction  or  renovation)  in
    17  excess  of  ten  per centum of the value at which such real property was
    18  assessed for tax purposes for the tax year in  which  such  improvements
    19  commenced,  that  such  expenditures  have  been  made within thirty-six
    20  months after the effective date of such lease, and that such real  prop-
    21  erty is located in an eligible area; or
    22    § 13. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
    23  trative code of the city of New York, as amended by section 13 of item A
    24  of  subpart  H of part XXX of chapter 58 of the laws of 2020, is amended
    25  to read as follows:
    26    (1) No eligible energy user, qualified eligible energy  user,  on-site
    27  cogenerator,  clean  on-site cogenerator or special eligible energy user
    28  shall receive a rebate pursuant to this chapter until it has obtained  a
    29  certification  as  an  eligible  energy  user, qualified eligible energy
    30  user, on-site cogenerator, clean on-site cogenerator or special eligible
    31  energy user, respectively,  from  the  commissioner  of  small  business
    32  services.  No  such  certification  for a qualified eligible energy user
    33  shall be issued on or after July first,  two  thousand  three.  No  such
    34  certification  of any other eligible energy user, on-site cogenerator or
    35  clean on-site cogenerator shall be issued on or after  July  first,  two
    36  thousand  [twenty-three] twenty-six.  The commissioner of small business
    37  services, after notice and hearing, may revoke  a  certification  issued
    38  pursuant to this subdivision where it is found that eligibility criteria
    39  have  not  been  met  or  that  compliance with conditions for continued
    40  eligibility has not been maintained. The corporation counsel  may  main-
    41  tain a civil action to recover an amount equal to any benefits improper-
    42  ly obtained.
    43    §  14.  Subparagraph  (b-2) of paragraph 2 of subdivision i of section
    44  11-704 of the administrative code of the city of New York, as amended by
    45  section 14 of item A of subpart H of part XXX of chapter 58 of the  laws
    46  of 2020, is amended to read as follows:
    47    (b-2)  The amount of the special reduction allowed by this subdivision
    48  with respect to a lease other than a sublease  commencing  between  July
    49  first, two thousand five and June thirtieth, two thousand [twenty-three]
    50  twenty-six  with an initial or renewal lease term of at least five years
    51  shall be determined as follows:
    52    (i) For the base year the amount of such special  reduction  shall  be
    53  equal to the base rent for the base year.
    54    (ii)  For  the  first,  second,  third and fourth twelve-month periods
    55  following the base year the amount of such special  reduction  shall  be

        A. 3005--B                         24
 
     1  equal  to  the  lesser  of  (A) the base rent for each such twelve-month
     2  period or (B) the base rent for the base year.
     3    § 15. Subdivision 9 of section 499-aa of the real property tax law, as
     4  amended  by  section 15 of item A of subpart H of part XXX of chapter 58
     5  of the laws of 2020, is amended to read as follows:
     6    9. "Eligibility period." The period commencing April  first,  nineteen
     7  hundred  ninety-five  and  terminating  March thirty-first, two thousand
     8  one, provided, however, that with respect to eligible  premises  defined
     9  in subparagraph (i) of paragraph (b) of subdivision ten of this section,
    10  the  period  commencing  July  first,  two thousand and terminating June
    11  thirtieth,  two  thousand  [twenty-four]  twenty-seven,  and   provided,
    12  further,  however,  that  with  respect  to eligible premises defined in
    13  subparagraph (ii) of paragraph (b) or paragraph (c) of  subdivision  ten
    14  of this section, the period commencing July first, two thousand five and
    15  terminating June thirtieth, two thousand [twenty-four] twenty-seven.
    16    §  16. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
    17  499-cc of the real property tax law, as amended by section 16 of item  A
    18  of  subpart  H of part XXX of chapter 58 of the laws of 2020, is amended
    19  to read as follows:
    20    (iii) With respect to the eligible premises  defined  in  subparagraph
    21  (ii)  of  paragraph  (b)  or paragraph (c) of subdivision ten of section
    22  four hundred ninety-nine-aa of this title and for purposes of  determin-
    23  ing  whether  the  amount of expenditures required by subdivision one of
    24  this section have been satisfied, expenditures on  improvements  to  the
    25  common  areas  of an eligible building shall be included only if work on
    26  such improvements commenced and the expenditures are made  on  or  after
    27  July  first,  two  thousand five and on or before December thirty-first,
    28  two thousand [twenty-four] twenty-seven; provided, however, that expend-
    29  itures on improvements to the common areas of an eligible building  made
    30  prior  to  three  years  before the lease commencement date shall not be
    31  included.
    32    § 17. Subdivisions 5 and 9 of section 499-a of the real  property  tax
    33  law,  as  amended  by  section  17 of item A of subpart H of part XXX of
    34  chapter 58 of the laws of 2020, are amended to read as follows:
    35    5. "Benefit period." The period commencing with the first day  of  the
    36  month  immediately  following the rent commencement date and terminating
    37  no later than sixty months  thereafter,  provided,  however,  that  with
    38  respect  to a lease commencing on or after April first, nineteen hundred
    39  ninety-seven with an initial lease term of less than five years, but not
    40  less than three years, the period commencing with the first day  of  the
    41  month  immediately  following the rent commencement date and terminating
    42  no later than thirty-six months thereafter. Notwithstanding the  forego-
    43  ing  sentence, a benefit period shall expire no later than March thirty-
    44  first, two thousand [thirty] thirty-three.
    45    9. "Eligibility period." The period commencing April  first,  nineteen
    46  hundred  ninety-five  and  terminating  March thirty-first, two thousand
    47  [twenty-four] twenty-seven.
    48    § 18. Paragraph (a) of subdivision 3 of  section  499-c  of  the  real
    49  property  tax  law,  as  amended by section 18 of item A of subpart H of
    50  part XXX of chapter 58 of the laws  of  2020,  is  amended  to  read  as
    51  follows:
    52    (a)  For  purposes  of  determining whether the amount of expenditures
    53  required by subdivision one of this section have been satisfied, expend-
    54  itures on improvements to the common areas of an eligible building shall
    55  be included only if work on such improvements commenced and the expendi-
    56  tures are made on or after April first, nineteen hundred ninety-five and

        A. 3005--B                         25
 
     1  on or before September thirtieth, two thousand [twenty-four] twenty-sev-
     2  en; provided, however, that expenditures on improvements to  the  common
     3  areas of an eligible building made prior to three years before the lease
     4  commencement date shall not be included.
     5    §  19. Subdivision 8 of section 499-d of the real property tax law, as
     6  amended by section 19 of item A of subpart H of part XXX of  chapter  58
     7  of the laws of 2020, is amended to read as follows:
     8    8.  Leases  commencing on or after April first, nineteen hundred nine-
     9  ty-seven shall be subject to the provisions of this title as amended  by
    10  chapter  six hundred twenty-nine of the laws of nineteen hundred ninety-
    11  seven, chapter one hundred eighteen of the laws  of  two  thousand  one,
    12  chapter  four  hundred  forty of the laws of two thousand three, chapter
    13  sixty of the laws of two thousand seven, chapter twenty-two of the  laws
    14  of  two  thousand  ten,  chapter  fifty-nine of the laws of two thousand
    15  fourteen, chapter twenty of the laws of two  thousand  fifteen,  chapter
    16  sixty-one  of  the  laws  of  two  thousand seventeen [and the], chapter
    17  fifty-eight of the laws of two thousand twenty, and the chapter  of  the
    18  laws  of  two  thousand  twenty-three that amended this phrase. Notwith-
    19  standing any other provision of law to the  contrary,  with  respect  to
    20  leases  commencing on or after April first, nineteen hundred ninety-sev-
    21  en, an application for a certificate of abatement  shall  be  considered
    22  timely filed if filed within one hundred eighty days following the lease
    23  commencement  date  or  within sixty days following the date chapter six
    24  hundred twenty-nine of the laws of nineteen hundred ninety-seven  became
    25  a law, whichever is later.
    26    §  20.  Subparagraph  (a)  of  paragraph 2 of subdivision i of section
    27  11-704 of the administrative code of the city of New York, as amended by
    28  section 20 of item A of subpart H of part XXX of chapter 58 of the  laws
    29  of 2020, is amended to read as follows:
    30    (a) An eligible tenant of eligible taxable premises shall be allowed a
    31  special reduction in determining the taxable base rent for such eligible
    32  taxable  premises.  Such special reduction shall be allowed with respect
    33  to the rent for such eligible taxable premises for a period not  exceed-
    34  ing  sixty  months  or,  with  respect to a lease commencing on or after
    35  April first, nineteen hundred ninety-seven with an initial lease term of
    36  less than five years, but not less than three years, for  a  period  not
    37  exceeding  thirty-six  months,  commencing on the rent commencement date
    38  applicable to such eligible taxable premises, provided, however, that in
    39  no event shall any special reduction be allowed for any period beginning
    40  after March thirty-first,  two  thousand  [thirty]  thirty-three.    For
    41  purposes  of applying such special reduction, the base rent for the base
    42  year shall, where necessary to  determine  the  amount  of  the  special
    43  reduction  allowable with respect to any number of months falling within
    44  a tax period, be prorated by dividing the base rent for the base year by
    45  twelve and multiplying the result by such number of months.
    46    § 21. This act shall take effect immediately; provided, however,  that
    47  if  this act shall have become a law after June 30, 2023, this act shall
    48  be deemed to have been in full force and effect on and  after  June  30,
    49  2023; provided further, however, that the amendments to subparagraph (A)
    50  of  paragraph  7 of subdivision (ee) of section 1115 of the tax law made
    51  by section one of this act shall not affect the repeal of such  subdivi-
    52  sion and shall be deemed repealed therewith.
 
    53                                   PART BB
 
    54                            Intentionally Omitted

        A. 3005--B                         26
 
     1                                   PART CC
 
     2                            Intentionally Omitted
 
     3                                   PART DD
 
     4    Section  1.  Paragraph (b) of subdivision 5 of section 50 of the civil
     5  service law, as amended by section 35 of part PP of chapter  56  of  the
     6  laws of 2022, is amended to read as follows:
     7    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
     8  sion, the state civil service department, subject to the approval of the
     9  director of the budget, a municipal commission, subject to the  approval
    10  of  the  governing  board or body of the city or county, as the case may
    11  be, or a regional commission or personnel officer, pursuant  to  govern-
    12  mental  agreement,  may  elect  to waive application fees, or to abolish
    13  fees for specific classes of  positions  or  types  of  examinations  or
    14  candidates,  or  to  establish  a  uniform  schedule  of reasonable fees
    15  different from those prescribed in paragraph (a)  of  this  subdivision,
    16  specifying  in  such schedule the classes of positions or types of exam-
    17  inations or candidates to which such fees shall apply; provided,  howev-
    18  er,  that  fees  shall be waived for candidates who certify to the state
    19  civil service department, a municipal commission or a  regional  commis-
    20  sion  that they are unemployed and primarily responsible for the support
    21  of a household, or are receiving public  assistance.  Provided  further,
    22  the state civil service department shall waive the state application fee
    23  for  examinations  for  original  appointment for all veterans. Provided
    24  further, the state civil  service  department  shall,  and  a  municipal
    25  commission  may,  subject to the approval of the governing board or body
    26  of the city or county, as the case may be, or a regional  commission  or
    27  personnel officer, pursuant to governmental agreement, waive application
    28  fees  for  all  examinations  held between July 1, 2023 and December 31,
    29  2026. Notwithstanding any other provision of law, for purposes  of  this
    30  section,  the  term  "veteran" shall mean a person who has served in the
    31  armed forces of the United States or the reserves  thereof,  or  in  the
    32  army national guard, air national guard, New York guard, or the New York
    33  naval  militia,  and  who  (1) has been honorably discharged or released
    34  from such service under honorable conditions, or (2)  has  a  qualifying
    35  condition,  as defined in section one of the veterans' services law, and
    36  has received a discharge other than bad  conduct  or  dishonorable  from
    37  such service, or (3) is a discharged LGBT veteran, as defined in section
    38  one  of  the  veterans' services law, and has received a discharge other
    39  than bad conduct or dishonorable from  such  service.  The  term  "armed
    40  forces"  shall  mean  the army, navy, air force, marine corps, and coast
    41  guard.
    42    § 2. On or before December 31, 2025, the Department of  Civil  Service
    43  shall  produce  a  report  studying  the impact of waiving civil service
    44  application fees and shall deliver a copy of such report to  the  gover-
    45  nor, the temporary president of the senate, and speaker of the assembly.
    46  Such report shall include, but not be limited to:
    47    a.  the  number  of applications for civil service examinations broken
    48  down by employer, job title, and examination type;
    49    b. the number of new hires in all state agencies  and  municipalities;
    50  and
    51    c.  demographic  information  on applicants, including sex, race, age,
    52  geography and educational attainment.

        A. 3005--B                         27
 
     1    § 3. This act shall take effect April 1, 2023 and shall expire and  be
     2  deemed  repealed  on  December  31, 2026; provided that if section 35 of
     3  part PP of chapter 56 of the laws of 2022 takes effect after such  date,
     4  then  section  one of this act shall take effect on the same date and in
     5  the  same manner as such section of part PP of chapter 56 of the laws of
     6  2022 takes effect, and provided, further, that this act shall be  deemed
     7  to have been in full force and effect on and after April 1, 2023.
 
     8                                   PART EE
 
     9    Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
    10  legislative  law and the state finance law relating to the operation and
    11  administration of the legislature, as amended by section 1 of part II of
    12  chapter 55 of the laws of 2022, is amended to read as follows:
    13    § 13. This act shall take effect immediately and shall  be  deemed  to
    14  have  been  in full force and effect as of April 1, 1994, provided that,
    15  the provisions of section 5-a of  the  legislative  law  as  amended  by
    16  sections two and two-a of this act shall take effect on January 1, 1995,
    17  and provided further that, the provisions of article 5-A of the legisla-
    18  tive  law  as  added  by section eight of this act shall expire June 30,
    19  [2023] 2024 when upon such date the provisions of such article shall  be
    20  deemed  repealed;  and  provided further that section twelve of this act
    21  shall be deemed to have been in full force and effect on and after April
    22  10, 1994.
    23    § 2. This act shall not supersede the findings and determinations made
    24  by the compensation committee as authorized  pursuant  to  part  HHH  of
    25  chapter  59 of the laws of 2018 unless a court of competent jurisdiction
    26  determines that such findings and determinations are invalid  or  other-
    27  wise not applicable or in force.
    28    §  3.  This  act  shall take effect immediately, provided, however, if
    29  this act shall take effect on or after June 30, 2023, this act shall  be
    30  deemed to have been in full force and effect on and after June 30, 2023.
    31    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    32  sion,  section  or  part  of  this act shall be adjudged by any court of
    33  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    34  impair,  or  invalidate  the remainder thereof, but shall be confined in
    35  its operation to the clause, sentence, paragraph,  subdivision,  section
    36  or part thereof directly involved in the controversy in which such judg-
    37  ment shall have been rendered. It is hereby declared to be the intent of
    38  the  legislature  that  this  act  would  have been enacted even if such
    39  invalid provisions had not been included herein.
    40    § 3. This act shall take effect immediately  provided,  however,  that
    41  the applicable effective date of Parts A through EE of this act shall be
    42  as specifically set forth in the last section of such Parts.
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