A03008 Summary:

BILL NOA03008B
 
SAME ASNo Same As
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2023-2024 state fiscal year; makes permanent certain tax increment financing provisions; relates to contracts entered into by the metropolitan commuter transportation district (Part C); extends provisions related to the resolution of labor disputes (Part G); extends certain provisions relating to motor vehicles equipped with autonomous vehicle technology (Part J); relates to fees retained by county clerks acting as agents of the commissioner of motor vehicles (Part M); relates to the disposition of money from certain gaming activity; provides for the repeal of such provisions upon expiration thereof (Part R); extends the New York state health insurance continuation assistance demonstration project (Part U); extends the effectiveness of provisions relating to MWBE contracts (Part BB); establishes a small business innovation research and small business technology transfer matching grant program (Part DD); extends provisions of law relating to the general powers of the New York state urban development corporation to make loans (Part GG); extends the authority of the New York state urban development corporation to administer the empire state economic development fund until 2024 (Part JJ); extends the authorization of DASNY to enter into certain design and construction management agreements from 2023 to 2025 (Part LL); imposes fees for snowmobile registration and snowmobile trail maintenance; establishes eligibility criteria for municipal grants for the development and maintenance of snowmobile trails (Part MM); relates to purchase contracts for New York state grown, harvested, or produced food and food products, and required reporting on amounts spent on such food and food products (Part OO); relates to environmental restoration projects (Part QQ); extends the youth deer hunting program (Part RR); relates to pesticide registration timetables and fees (Part SS); provides a period of probable usefulness of 30 years for lead service line replacement programs as a capital asset (Part UU); authorizes utility and cable television assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of environmental conservation, department of state, and the office of parks, recreation and historic preservation from utility assessment revenues (Part VV); enacts the "all-electric building and state decarbonization act"; prohibits infrastructure, building systems, or equipment used for the combustion of fossil fuels in new construction statewide; provides for the decarbonization of state-owned facilities (Part WW); authorizes NYSERDA to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, and climate change related expenses of DEC from an assessment on gas and electric corporations (Part ZZ); establishes the New York youth jobs connector program; provides for certain reports to be provided on the activities of the office of strategic workforce development and the catalogue of workforce development funding programs (Part BBB); provides Suffolk county certain fees for the services of the Suffolk county traffic and parking violations agency (Part CCC); establishes the small business inflation assistance grant program to issue grants and provide technical assistance and outreach to small and micro businesses and technical assistance partners for the purpose of aiding the recovery and growth of the New York state economy (Part DDD); establishes the empower plus program to provide eligible low-income residential households with energy efficiency, heating and cooling, health and safety and other related improvements to existing homes (Part EEE); requires the department of public service, in consultation with the energy affordability program working group, to administer the energy affordability program to reduce residential household energy burden of eligible low-income and moderate-income households (Part FFF).
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A03008 Actions:

BILL NOA03008B
 
02/01/2023referred to ways and means
03/06/2023amend (t) and recommit to ways and means
03/06/2023print number 3008a
03/14/2023amend (t) and recommit to ways and means
03/14/2023print number 3008b
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A03008 Committee Votes:

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A03008 Floor Votes:

There are no votes for this bill in this legislative session.
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A03008 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3008--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 intentionally omitted (Part A); intentionally omitted  (Part  B);
          to  amend  part  PP  of  chapter  54 of the laws of 2016, amending the
          public authorities law relating to the New York transit authority  and
          the  metropolitan  transportation  authority,  in  relation  to making
          permanent certain tax increment financing  provisions;  to  amend  the
          public  authorities  law, in relation to contracts entered into by the
          metropolitan commuter transportation district (Part C);  intentionally
          omitted  (Part D); intentionally omitted (Part E); intentionally omit-
          ted (Part F); to amend chapter 929 of the laws of  1986  amending  the
          tax  law  and  other  laws relating to the metropolitan transportation
          authority, in relation to extending certain provisions thereof  appli-
          cable  to  the  resolution  of  labor disputes (Part G); intentionally
          omitted (Part H); intentionally omitted (Part I); to amend part FF  of
          chapter  55  of  the  laws of 2017 relating to motor vehicles equipped
          with autonomous vehicle technology, in relation to  the  effectiveness
          thereof  (Part J); intentionally omitted (Part K); intentionally omit-
          ted (Part L); to amend the vehicle and traffic  law,  in  relation  to
          county  clerk  retention of fees (Part M); intentionally omitted (Part
          N); intentionally omitted (Part O); intentionally  omitted  (Part  P);
          intentionally  omitted  (Part  Q);  to  amend  the racing, pari-mutuel
          wagering and breeding law,  the  state  finance  law  and  the  public
          authorities  law, in relation to the disposition of money from certain
          gaming activity; and providing for the repeal of such provisions  upon
          expiration  thereof  (Part  R); intentionally omitted (Part S); inten-
          tionally omitted (Part T); to amend chapter 495 of the laws  of  2004,
          amending  the  insurance law and the public health law relating to the
          New York state health insurance continuation assistance  demonstration
          project,  in  relation  to  the effectiveness thereof (Part U); inten-
          tionally omitted (Part V);  intentionally  omitted  (Part  W);  inten-
          tionally  omitted  (Part  X);  intentionally  omitted (Part Y); inten-
          tionally omitted (Part Z); intentionally omitted (Part AA);  to  amend
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-03-3

        A. 3008--B                          2
 
          chapter  97  of  the  laws of 2019 amending the public authorities law
          relating to the award of contracts to small businesses, minority-owned
          business enterprises and women-owned business enterprises, in relation
          to  extending the effectiveness thereof (Part BB); intentionally omit-
          ted (Part CC); to amend the New York state  urban  development  corpo-
          ration  act,  in relation to establishing a matching grant program for
          certain small businesses receiving funding  under  the  federal  small
          business  innovation research program or the small business technology
          transfer program(Part DD); intentionally  omitted  (Part  EE);  inten-
          tionally  omitted (Part FF); to amend chapter 393 of the laws of 1994,
          amending the New York state urban development corporation act relating
          to the powers of the New York state urban development  corporation  to
          make  loans,  in  relation  to extending loan powers (Part GG); inten-
          tionally omitted (Part HH); intentionally omitted (Part II); to  amend
          the  New  York state urban development corporation act, in relation to
          extending the authority of the New York state urban development corpo-
          ration to administer the empire state economic development fund  (Part
          JJ);  intentionally  omitted (Part KK); to amend part BB of chapter 58
          of the laws of 2012, amending the public authorities law, relating  to
          authorizing  the  dormitory authority to enter into certain design and
          construction management agreements, in relation to  the  effectiveness
          thereof (Part LL); to amend the vehicle and traffic law and the parks,
          recreation  and historic preservation law, in relation to fees for the
          registration of snowmobiles and  fees  collected  for  the  snowmobile
          trail and maintenance fund (Part MM); intentionally omitted (Part NN);
          to  amend the general municipal law, in relation to purchase contracts
          for New York  state  grown,  harvested,  or  produced  food  and  food
          products  (Part  OO);  intentionally  omitted  (Part PP); to amend the
          environmental conservation law, in relation to environmental  restora-
          tion  projects  (Part QQ); to amend the environmental conservation law
          and chapter 55 of the laws of 2021 amending the environmental  conser-
          vation  law  relating to establishing a deer hunting pilot program, in
          relation to extending the youth deer hunting  program  (Part  RR);  to
          amend  the  environmental  conservation  law, in relation to pesticide
          registration timetables and fees and to amend chapter 67 of  the  laws
          of  1992,  amending  the  environmental  conservation  law relating to
          pesticide product registration timetables and fees, in relation to the
          effectiveness thereof (Part SS); intentionally omitted (Part  TT);  to
          amend  the  local  finance  law,  in relation to providing a period of
          probable usefulness for lead service line replacement  programs  as  a
          capital  asset  (Part  UU);  to authorize utility and cable television
          assessments that provide funds to the department of health from  cable
          television  assessment  revenues  and to the department of agriculture
          and markets, department of environmental conservation,  department  of
          state,  and  the office of parks, recreation and historic preservation
          from utility assessment revenues; and providing for the repeal of such
          provisions upon expiration thereof (Part VV); to amend the energy law,
          the public authorities law and the public buildings law,  in  relation
          to  enacting the "all-electric building and state decarbonization act"
          (Part WW); intentionally  omitted  (Part  XX);  intentionally  omitted
          (Part  YY);  in  relation  to  authorizing  the  New York state energy
          research and  development  authority  to  finance  a  portion  of  its
          research, development and demonstration, policy and planning, and Fuel
          NY  program, as well as climate change related expenses of the depart-
          ment of environmental conservation from an assessment on gas and elec-
          tric corporations (Part ZZ);  intentionally  omitted  (Part  AAA);  to

        A. 3008--B                          3
 
          amend  the  economic  development law, in relation to establishing the
          New York youth jobs connector program (Part BBB); to amend the general
          municipal law, in relation to providing Suffolk  county  certain  fees
          for  the services of the Suffolk county traffic and parking violations
          agency (Part CCC); to amend  the  New  York  state  urban  development
          corporation   act,  in  relation  to  establishing  a  small  business
          inflation assistance grant program (Part DDD);  to  amend  the  public
          authorities  law, in relation to establishing the empower plus program
          (Part EEE); and to amend the public service law, in  relation  to  the
          administration of the energy affordability program (Part FFF)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  necessary  to  implement  the state transportation, economic development
     3  and environmental conservation budget for  the  2023-2024  state  fiscal
     4  year.    Each  component is wholly contained within a Part identified as
     5  Parts A through FFF. The effective date for  each  particular  provision
     6  contained  within  such  Part  is  set forth in the last section of such
     7  Part. Any provision in any section contained within  a  Part,  including
     8  the effective date of the Part, which makes a reference to a section "of
     9  this act", when used in connection with that particular component, shall
    10  be  deemed to mean and refer to the corresponding section of the Part in
    11  which it is found. Section three of this  act  sets  forth  the  general
    12  effective date of this act.
 
    13                                   PART A
 
    14                            Intentionally Omitted
 
    15                                   PART B
 
    16                            Intentionally Omitted
 
    17                                   PART C
 
    18    Section  1.  Section  3  of part PP of chapter 54 of the laws of 2016,
    19  amending the public authorities law relating to  the  New  York  transit
    20  authority  and  the metropolitan transportation authority, as amended by
    21  section 1 of part J of chapter 58 of the laws of  2022,  is  amended  to
    22  read as follows:
    23    §  3. This act shall take effect immediately; provided that the amend-
    24  ments to subdivision 1 of section 119-r of  the  general  municipal  law
    25  made  by  section  two  of  this act shall expire and be deemed repealed
    26  April 1, [2023] 2033, and provided further that such  repeal  shall  not
    27  affect the validity or duration of any contract entered into before that
    28  date pursuant to paragraph f of such subdivision.
    29    § 2. Subdivision 1 of section 1265-a of the public authorities law, as
    30  amended  by  section  1-a  of subpart C of part ZZZ of chapter 59 of the
    31  laws of 2019, is amended to read as follows:
    32    1. The provisions of this section shall only apply to procurements  by
    33  the  authority  commenced  during  the period from April first, nineteen

        A. 3008--B                          4
 
     1  hundred eighty-seven until December thirty-first, nineteen hundred nine-
     2  ty-one, and during the period from December sixteenth, nineteen  hundred
     3  ninety-three  until  [June thirtieth] April first, two thousand [twenty-
     4  three]  twenty-four;  provided,  however,  that  the  provisions of this
     5  section shall not apply to (i) the award of any contract of the authori-
     6  ty if the bid documents for such contract so provide and such bid  docu-
     7  ments are issued within sixty days of the effective date of this section
     8  or  within  sixty  days  of December sixteenth, nineteen hundred ninety-
     9  three, or (ii) for a period of one hundred eighty days after the  effec-
    10  tive  date  of  this  section or for a period of one hundred eighty days
    11  after December sixteenth, nineteen hundred ninety-three,  the  award  of
    12  any  contract  for which an invitation to bid, solicitation, request for
    13  proposal, or any similar document has been issued by the authority prior
    14  to the effective date of this section or during the period from  January
    15  first,  nineteen  hundred  ninety-two until December sixteenth, nineteen
    16  hundred ninety-three.
    17    § 3.  This act shall take effect immediately.
 
    18                                   PART D
 
    19                            Intentionally Omitted
 
    20                                   PART E
 
    21                            Intentionally Omitted
 
    22                                   PART F
 
    23                            Intentionally Omitted

    24                                   PART G
 
    25    Section 1. Section 45 of chapter 929 of the laws of 1986 amending  the
    26  tax  law  and  other  laws  relating  to the metropolitan transportation
    27  authority, as amended by chapter 120 of the laws of 2021, is amended  to
    28  read as follows:
    29    §  45.  This act shall take effect immediately; except that: (a) para-
    30  graph (d) of subdivision 3 of section 1263  of  the  public  authorities
    31  law, as added by section twenty-six of this act, shall be deemed to have
    32  been  in full force and effect on and after August 5, 1986; (b) sections
    33  thirty-three and thirty-four of this act shall not apply to a  certified
    34  or  recognized  public employee organization which represents any public
    35  employees described in subdivision 16 of  section  1204  of  the  public
    36  authorities  law  and  such sections shall expire on July 1, [2023] 2025
    37  and nothing contained within these sections shall be construed to divest
    38  the public employment relations board or any court of  competent  juris-
    39  diction  of the full power or authority to enforce any order made by the
    40  board or such court prior to the effective date of  this  act;  (c)  the
    41  provisions  of section thirty-five of this act shall expire on March 31,
    42  1987; and (d)  provided,  however,  the  commissioner  of  taxation  and
    43  finance  shall  have the power to enforce the provisions of sections two
    44  through nine of this act beyond December 31, 1990 to enable such commis-
    45  sioner to collect any liabilities incurred prior to January 1, 1991.

        A. 3008--B                          5
 
     1    § 2. This act shall take effect immediately.
 
     2                                   PART H
 
     3                            Intentionally Omitted

     4                                   PART I
 
     5                            Intentionally Omitted
 
     6                                   PART J
 
     7    Section  1.  Section  3  of part FF of chapter 55 of the laws of 2017,
     8  relating to motor vehicles equipped with autonomous vehicle  technology,
     9  as amended by section 1 of part GG of chapter 58 of the laws of 2021, is
    10  amended to read as follows:
    11    § 3. This act shall take effect April 1, 2017; provided, however, that
    12  section  one  of  this  act shall expire and be deemed repealed April 1,
    13  [2023] 2024.
    14    § 2. This act shall take effect immediately.
 
    15                                   PART K
 
    16                            Intentionally Omitted
 
    17                                   PART L
 
    18                            Intentionally Omitted
 
    19                                   PART M

    20    Section 1. Subdivisions 3 and 3-a of section 205 of  the  vehicle  and
    21  traffic  law, subdivision 3 as amended by section 3 of part G of chapter
    22  59 of the laws of 2008, and subdivision 3-a as added  by  section  1  of
    23  part  F  of  chapter  58  of  the  laws  of 2012, are amended to read as
    24  follows:
    25    3. Each such county clerk shall retain from  fees  collected  for  any
    26  motor  vehicle  related  service  described  in  subdivision one of this
    27  section processed by such county clerk an amount based on  a  percentage
    28  of  gross  receipts  collected.  For  purposes of this section, the term
    29  "gross receipts" shall include all fines, fees and  penalties  collected
    30  pursuant  to  this  chapter  by  a  county  clerk acting as agent of the
    31  commissioner, but shall not include any state or local sales or  compen-
    32  sating  use taxes imposed under or pursuant to the authority of articles
    33  twenty-eight and twenty-nine of the tax law and collected by such  clerk
    34  on  behalf  of  the  commissioner of taxation and finance. The retention
    35  percentage shall be [12.7] 10.75 percent [and shall  take  effect  April
    36  first,  nineteen  hundred  ninety-nine; provided, however, the retention
    37  percentage shall be thirty percent of the thirty dollar fee  established
    38  in  paragraph  (e) of subdivision two of section four hundred ninety-one
    39  and paragraph f-one of subdivision two of section five hundred three  of
    40  this chapter].

        A. 3008--B                          6
 
     1    3-a. In addition to the fees retained pursuant to subdivision three of
     2  this  section, each county clerk acting as the agent of the commissioner
     3  pursuant to subdivision one of this section shall retain [four  percent]
     4  a  percentage  of  "enhanced  internet  and  electronic partner revenue"
     5  collected  by  the  commissioner.  For the purposes of this subdivision,
     6  "enhanced internet and electronic partner revenue" shall mean the amount
     7  of gross receipts attributable to  all  transactions  conducted  on  the
     8  internet  by  residents of such county and by designated partners of the
     9  department on behalf of such residents for  the  current  calendar  year
    10  [that  exceeds  the amount of such revenue collected by the commissioner
    11  during calendar year two thousand eleven]. The commissioner shall certi-
    12  fy the amounts to be retained by each  county  clerk  pursuant  to  this
    13  subdivision.  [Provided,  however,  that if the aggregate amount of fees
    14  retained by county clerks pursuant to this subdivision in calendar years
    15  two thousand twelve and two thousand thirteen combined  exceeds  eighty-
    16  eight million five hundred thousand dollars, then the percentage of fees
    17  to  be  retained  thereafter  shall  be reduced to a percentage that, if
    18  applied to the fees collected during calendar years two thousand  twelve
    19  and  two thousand thirteen combined, would have resulted in an aggregate
    20  retention of eighty-eight million five hundred thousand dollars  or  2.5
    21  percent  of  enhanced internet and electronic partner revenue, whichever
    22  is higher. If the aggregate amount of fees  retained  by  county  clerks
    23  pursuant  to  this subdivision in calendar years two thousand twelve and
    24  two thousand thirteen combined is less than  eighty-eight  million  five
    25  hundred  thousand  dollars,  then  the percentage of fees to be retained
    26  thereafter shall be increased to a percentage that, if  applied  to  the
    27  fees  collected  during calendar years two thousand twelve and two thou-
    28  sand thirteen combined, would have resulted in an aggregate retention of
    29  eighty-eight million five hundred thousand dollars, or  six  percent  of
    30  enhanced  internet and electronic partner revenue, whichever is less. On
    31  and after April first, two thousand sixteen,  the  percent  of  enhanced
    32  internet  and electronic partner revenue to be retained by county clerks
    33  shall be the average of the  annual  percentages  that  were  in  effect
    34  between  April  first,  two  thousand twelve and March thirty-first, two
    35  thousand sixteen.] The retention percentage shall be 10.75 percent.
    36    § 2. This act shall take effect January 1, 2024.
 
    37                                   PART N
 
    38                            Intentionally Omitted
 
    39                                   PART O
 
    40                            Intentionally Omitted
 
    41                                   PART P
 
    42                            Intentionally Omitted
 
    43                                   PART Q
 
    44                            Intentionally Omitted

        A. 3008--B                          7
 
     1                                   PART R
 
     2    Section  1.  Subdivisions 1 and 2 of section 1352 of the racing, pari-
     3  mutuel wagering and breeding law, as added by chapter 174 of the laws of
     4  2013, is amended to read as follows:
     5    1. (a) The commission shall pay into an account, to be  known  as  the
     6  commercial  gaming revenue fund as established pursuant to section nine-
     7  ty-seven-nnnn of the state finance law, under the joint custody  of  the
     8  comptroller  and the commissioner of taxation and finance, all taxes and
     9  fees imposed by this article paid by a gaming  facility  licensed  under
    10  title  two  of  this  article; any interest and penalties imposed by the
    11  commission relating to those taxes; the appropriate  percentage  of  the
    12  value  of  expired  gaming related obligations; all penalties levied and
    13  collected by the commission; and the appropriate funds, cash  or  prizes
    14  forfeited from gambling activity.
    15    (b)  For  any gaming facility licensed under title two-A of this arti-
    16  cle, the commission shall pay, without appropriation, into the metropol-
    17  itan transportation authority finance fund established under section one
    18  thousand two hundred seventy-h of the public authorities law the follow-
    19  ing:
    20    (i) for any gaming facility not located within the city of  New  York,
    21  eighty  percent of the taxes and licensing fees imposed by this article,
    22  and any interest and penalties imposed by  the  commission  relating  to
    23  those taxes.
    24    (ii)  for any gaming facility located within the city of New York, one
    25  hundred percent of the taxes and licensing fees imposed by this article,
    26  and any interest and penalties imposed by  the  commission  relating  to
    27  those taxes.
    28    (iii)  (1)  notwithstanding  subparagraphs  (i) and (ii) of this para-
    29  graph, if a gaming facility licensed under title two-A of  this  article
    30  was  previously  authorized  to operate video lottery gaming pursuant to
    31  section one thousand six hundred seventeen-a of the tax law,  an  amount
    32  equal  to the amount determined in clause two of this subparagraph shall
    33  be deposited into the state lottery fund. Any remaining funds  shall  be
    34  transferred in accordance with this subdivision.
    35    (2) The amount to be deducted shall be equal to the greater of (A) the
    36  revenue  received  from the facility for education aid deposits into the
    37  state lottery fund for the twelve months immediately preceding the  date
    38  on  which such facility began operations as a commercial casino pursuant
    39  to title two-A of this article, or (B) the  revenue  received  from  the
    40  facility  for  education  aid  deposits  into the state lottery fund for
    41  state fiscal year two thousand twenty-two.
    42    (c) For any gaming facility licensed under title two-A of  this  arti-
    43  cle,  the  commission  shall pay into the commercial gaming revenue fund
    44  established under section ninety-seven-nnnn of the state finance law the
    45  following:
    46    (i) for any gaming facility not located within the city of  New  York,
    47  ten percent of the taxes and licensing fees imposed by this article, and
    48  any  interest  and penalties imposed by the commission relating to those
    49  taxes.  Such funds shall be allocated in accordance with the  provisions
    50  of  paragraph b of subdivision three of section ninety-seven-nnnn of the
    51  state finance law.
    52    (ii) for any gaming facility not located within the city of New  York,
    53  ten percent of the taxes and licensing fees imposed by this article, and
    54  any  interest  and penalties imposed by the commission relating to those
    55  taxes among counties within the region, as defined by section one  thou-

        A. 3008--B                          8
 
     1  sand  three  hundred  ten of this article, hosting said facility for the
     2  purpose of real property tax relief and for education  assistance.  Such
     3  distribution  shall  be  made  among the counties on a per capita basis,
     4  subtracting  the  population of host municipality and county. Such funds
     5  shall be allocated in accordance with the provisions of paragraph  c  of
     6  subdivision three of section ninety-seven-nnnn of the state finance law.
     7    2.  The  commission  shall  require  at  least monthly deposits by the
     8  licensee of any payments pursuant to section one thousand three  hundred
     9  fifty-one  of this article, at such times, under such conditions, and in
    10  such depositories as shall be prescribed by the state  comptroller.  The
    11  deposits  shall  be  deposited  to  the  credit of the commercial gaming
    12  revenue fund as established by section ninety-seven-nnnn  of  the  state
    13  finance law or to the metropolitan transportation authority finance fund
    14  established  under  section  one  thousand  two hundred seventy-h of the
    15  public authorities law, according to the requirements of subdivision one
    16  of this section. The commission may require a monthly report and  recon-
    17  ciliation  statement  to  be filed with it on or before the tenth day of
    18  each month, with respect to gross revenues  and  deposits  received  and
    19  made, respectively, during the preceding month.
    20    §  1-a.  Subdivision  3  of  section 1321-e of the racing, pari-mutuel
    21  wagering and breeding law, as added by section 7 of part RR  of  chapter
    22  56 of the laws of 2022, is amended to read as follows:
    23    3.  The board shall determine a licensing fee to be paid by a licensee
    24  within thirty days after the [award]  selection  of  the  license  which
    25  shall  be deposited [into the commercial gaming revenue fund] in accord-
    26  ance with paragraph (b) of subdivision one of section 1352 of this arti-
    27  cle, provided however that no licensing fee  shall  be  less  than  five
    28  hundred  million  dollars. The license shall set forth the conditions to
    29  be satisfied by the licensee before the gaming facility shall be  opened
    30  to the public. The commission shall set any renewal fee for such license
    31  based  on  the cost of fees associated with the evaluation of a licensee
    32  under this article which shall be deposited into the  commercial  gaming
    33  fund.  Such  renewal  fee shall be exclusive of any subsequent licensing
    34  fees under this section.
    35    § 2. Subdivision 2 of section 97-nnnn of the  state  finance  law,  as
    36  added by chapter 174 of the laws of 2013, is amended to read as follows:
    37    2. Such account shall consist of all revenues [from all taxes and fees
    38  imposed  by  article  thirteen  of  the racing, pari-mutuel wagering and
    39  breeding law; any interest and penalties imposed by the New York  state]
    40  received  from  the  gaming  commission  [relating  to  those taxes; the
    41  percentage of the value of expired gaming related obligations;  and  all
    42  penalties  levied  and  collected  by  the commission. Additionally, the
    43  state gaming commission shall  pay  into  the  account  any  appropriate
    44  funds,  cash  or  prizes  forfeited  from gambling activity] pursuant to
    45  paragraphs (a) and (c) of subdivision one of  section  thirteen  hundred
    46  fifty-two of the racing, pari-mutuel wagering and breeding law.
    47    § 3. Subdivision 2 of section 1270-h of the public authorities law, as
    48  amended  by  section 13 of part UU of chapter 59 of the laws of 2018, is
    49  amended to read as follows:
    50    2. The comptroller shall deposit into the metropolitan  transportation
    51  authority  finance  fund  (a)  monthly,  pursuant  to appropriation, the
    52  moneys deposited in the mobility tax trust account of  the  metropolitan
    53  transportation  authority  financial  assistance  fund  pursuant  to any
    54  provision of law directing or permitting the deposit of moneys  in  such
    55  fund,  [and]  (b)  without  appropriation,  the revenue including taxes,
    56  interest and penalties collected in accordance with article twenty-three

        A. 3008--B                          9
 
     1  of the tax law, and (c) without  appropriation,  the  revenue  including
     2  taxes  and  licensing  fees  collected  in  accordance with the relevant
     3  provisions of paragraph (b)  of  subdivision  one  of  section  thirteen
     4  hundred fifty-two of the racing, pari-mutuel wagering and breeding law.
     5    §  4.  This  act shall take effect immediately and shall expire and be
     6  deemed repealed 10 years after such date.
 
     7                                   PART S
 
     8                            Intentionally Omitted
 
     9                                   PART T
 
    10                            Intentionally Omitted
 
    11                                   PART U
 
    12    Section 1. Section 4 of chapter 495 of the laws of 2004, amending  the
    13  insurance  law  and the public health law relating to the New York state
    14  health  insurance  continuation  assistance  demonstration  project,  as
    15  amended  by  section  4  of part T of chapter 58 of the laws of 2022, is
    16  amended to read as follows:
    17    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    18  have  become  a  law;  provided,  however, that this act shall remain in
    19  effect until July 1, [2023] 2024 when upon such date the  provisions  of
    20  this  act shall expire and be deemed repealed; provided, further, that a
    21  displaced worker shall be eligible for continuation assistance  retroac-
    22  tive to July 1, 2004.
    23    § 2. This act shall take effect immediately.
 
    24                                   PART V
 
    25                            Intentionally Omitted
 
    26                                   PART W
 
    27                            Intentionally Omitted
 
    28                                   PART X
 
    29                            Intentionally Omitted
 
    30                                   PART Y
 
    31                            Intentionally Omitted

    32                                   PART Z
 
    33                            Intentionally Omitted

        A. 3008--B                         10
 
     1                                   PART AA
 
     2                            Intentionally Omitted
 
     3                                   PART BB
 
     4    Section  1.  Section  2 of chapter 97 of the laws of 2019 amending the
     5  public authorities law, is amended to read as follows:
     6    § 2. This act shall take effect immediately and shall expire  July  1,
     7  [2023]  2027  when  upon  such  date the provisions of this act shall be
     8  deemed repealed.
     9    § 2. This act shall take effect immediately.
 
    10                                   PART CC
 
    11                            Intentionally Omitted
 
    12                                   PART DD

    13    Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
    14  the  New  York  state  urban  development corporation act, is amended by
    15  adding a new section 52-a to read as follows:
    16    § 52-a. Small business innovation research and small business technol-
    17  ogy transfer matching grant program. 1. The corporation, in consultation
    18  with the department of economic development's division  for  small-busi-
    19  ness, shall establish a matching grant program to provide funds to small
    20  businesses who have been awarded phase one or phase two grants under the
    21  federal small business innovation research program or the small business
    22  technology  transfer  program  within  the  last four years. Such grants
    23  shall be awarded based on a company's  potential  for  commercialization
    24  and job growth. As used in this section, "small business" shall have the
    25  same  meaning  as provided  for in section one hundred thirty-one of the
    26  economic development law.
    27    2. The matching grant program established  pursuant  to  this  section
    28  shall  be  staged  over a period of three years. The funding amounts for
    29  such grant program shall be as follows:
    30    (a) For small businesses that have  been  awarded  phase  one  funding
    31  under  the  federal  small  business  innovation research program or the
    32  small business technology transfer program,  the  amount  shall  be  one
    33  hundred  thousand  dollars  in year one, two hundred thousand dollars in
    34  year two, and five hundred thousand dollars in year three.
    35    (b) For small businesses that have  been  awarded  phase  two  funding
    36  under  the  federal  small  business  innovation research program or the
    37  small business technology transfer program,  the  amount  shall  be  one
    38  hundred  thousand  dollars  in year one, two hundred thousand dollars in
    39  year two, and five hundred thousand dollars in year three.
    40    3. (a) In the first year of the program, twenty small businesses shall
    41  be awarded grants of one hundred thousand dollars.
    42    (b) In the second year of the program, ten small businesses  shall  be
    43  chosen  from  the companies that were awarded a grant in the first year,
    44  to receive grants in the amount of two hundred thousand dollars.
    45    (c) In the third year of the program, four small businesses  shall  be
    46  chosen  from the companies that were awarded a grant in the second year,

        A. 3008--B                         11
 
     1  to receive grants or equity, depending on the situation, in  the  amount
     2  of five hundred thousand dollars.
     3    4.  (a)  Such  funds awarded pursuant to this section shall be used to
     4  expedite commercialization and generally  used  to  cover  expenses  not
     5  allowed  under the federal small business innovation research program or
     6  the small business technology transfer program, including but not limit-
     7  ed  to  business  planning,  commercialization,  patents  and  marketing
     8  studies in sales efforts.
     9    (b)  Companies  applying  to  the  federal programs named herein shall
    10  receive a  commitment letter from the corporation that may  be  included
    11  in  their applications to the small business innovation research program
    12  or the small business technology transfer  program  or  to  be  used  to
    13  secure  grants  from other funding sources. Such commitment letter shall
    14  demonstrate contingent state support,  and  therefore  increasing  their
    15  likelihood  of  receiving  federal  funding. State matching grants shall
    16  only be provided to small businesses that  are  selected  for  an  award
    17  through  the  federal small business innovation research  program or the
    18  small business technology transfer program.
    19    5. Such funds shall be awarded on condition that  the  small  business
    20  recipient  remains  headquartered  and  operates  or manufactures in the
    21  state for at least five years following the successful commercialization
    22  of the business's product or  products.  Any  small  business  that  has
    23  received  funding under this program that is not headquartered and oper-
    24  ates or manufactures in the state for at least five years following  the
    25  successful commercialization of the business's product or products shall
    26  return all grant awards to the state. If the small business ceases oper-
    27  ations  before  five years after the commercialization of its product or
    28  products, such business shall be eligible for a waiver of this  clawback
    29  provision,  as  determined  by the corporation, in consultation with the
    30  department of economic development's division of small business.
    31    6. The corporation, in consultation with the  department  of  economic
    32  development's  division for small business, shall establish the form and
    33  manner in which applications for grant awards  shall  be  submitted  and
    34  shall  establish  guidelines for the grant program. Preference for grant
    35  awards shall be for applicants that can demonstrate to the  satisfaction
    36  of  the  corporation  that:  (a)  green and sustainable development is a
    37  priority in their business planning, operations or manufacturing.    For
    38  the  purposes of this section, "green and sustainable development" shall
    39  mean a business model that promotes  the  use  of  products  or  product
    40  components,  manufactures,  develops technologies or processes  that are
    41  primarily targeted at reducing greenhouse gas  emissions  or  supporting
    42  the use of clean energy in a socially equitable manner;
    43    (b) such grant awardees' business headquarters and operations or manu-
    44  facturing shall be located in New York state; and
    45    (c)  grant  awardees shall certify   to   the  corporation that future
    46  research and development shall be performed principally in this state.
    47    The corporation shall review each application for compliance with  the
    48  eligibility  criteria  and  other  requirements set forth in the program
    49  guidelines established by the commissioner. The corporation may  approve
    50  or  reject  each  application or may return an application for modifica-
    51  tions, if necessary.
    52    7. The corporation, beginning on June first, two thousand twenty-four,
    53  and annually thereafter, provided program funds remain, shall  submit  a
    54  report  to  the governor, the temporary president of the senate, and the
    55  speaker of the assembly. Such annual report shall include, but need  not
    56  be  limited  to: the number of applicants by stage; the number of appli-

        A. 3008--B                         12
 
     1  cants approved to receive grants; the total amount of grants awarded and
     2  the average amount of such grants awarded; and such other information as
     3  the corporation determines necessary and appropriate. Such report  shall
     4  be included on the corporation's website and any other publicly accessi-
     5  ble  state  databases that list economic development programs, as deter-
     6  mined by the corporation.
     7    § 2. This act shall take effect one year after it shall have become  a
     8  law. Effective immediately, the addition, amendment and/or repeal of any
     9  rule  or  regulation necessary for the implementation of this act on its
    10  effective date are authorized to be made and completed on or before such
    11  effective date.
 
    12                                   PART EE
 
    13                            Intentionally Omitted
 
    14                                   PART FF
 
    15                            Intentionally Omitted
 
    16                                   PART GG
 
    17    Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
    18  New York state urban development corporation act, relating to the powers
    19  of  the  New  York state urban development corporation to make loans, as
    20  amended by section 1 of part Y of chapter 58 of the  laws  of  2022,  is
    21  amended to read as follows:
    22    §  2.  This  act shall take effect immediately provided, however, that
    23  section one of this act shall expire on July 1, [2023]  2024,  at  which
    24  time the provisions of subdivision 26 of section 5 of the New York state
    25  urban  development  corporation  act shall be deemed repealed; provided,
    26  however, that neither the expiration nor the repeal of such  subdivision
    27  as provided for herein shall be deemed to affect or impair in any manner
    28  any  loan  made  pursuant  to the authority of such subdivision prior to
    29  such expiration and repeal.
    30    § 2. This act shall take effect immediately.

    31                                   PART HH
 
    32                            Intentionally Omitted
 
    33                                   PART II
 
    34                            Intentionally Omitted
 
    35                                   PART JJ
 
    36    Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
    37  of  the  laws  of 1968 constituting the New York state urban development
    38  corporation act, as amended by section 1 of part Z of chapter 58 of  the
    39  laws of 2022, is amended to read as follows:

        A. 3008--B                         13
 
     1    3.  The  provisions  of this section shall expire, notwithstanding any
     2  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
     3  the laws of 1996 or of any other law, on July 1, [2023] 2024.
     4    § 2. This act shall take effect immediately.

     5                                   PART KK
 
     6                            Intentionally Omitted
 
     7                                   PART LL
 
     8    Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
     9  amending  the public authorities law, relating to authorizing the dormi-
    10  tory  authority to enter into certain design and construction management
    11  agreements, as amended by section 1 of part II of chapter 58 of the laws
    12  of 2021, is amended to read as follows:
    13    § 2. This act shall take effect immediately and shall  expire  and  be
    14  deemed repealed April 1, [2023] 2025.
    15    §  2. The dormitory authority of the state of New York shall provide a
    16  report providing information regarding any project  undertaken  pursuant
    17  to a design and construction management agreement, as authorized by part
    18  BB of chapter 58 of the laws of 2012, between the dormitory authority of
    19  the  state  of New York and the department of environmental conservation
    20  and/or the office of parks, recreation and historic preservation to  the
    21  governor,  the  temporary  president  of  the  senate and speaker of the
    22  assembly. Such report shall include but not be limited to a  description
    23  of  each  such  project,  the project identification number of each such
    24  project, if applicable, the projected date of completion, the status  of
    25  the  project, the total cost or projected cost of each such project, and
    26  the location, including the names of any county, town, village or  city,
    27  where  each  such  project  is  located or proposed. In addition, such a
    28  report shall be provided to the aforementioned parties by the first  day
    29  of  March  of each year that the authority to enter into such agreements
    30  pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
    31    § 3. This act shall take effect immediately and  shall  be  deemed  to
    32  have been in full force and effect on and after April 1, 2023.
 
    33                                   PART MM
 
    34    Section 1.  Subdivision 4-a of section 2222 of the vehicle and traffic
    35  law,  as  amended by chapter 609 of the laws of 2005, is amended to read
    36  as follows:
    37    4-a. Additional fee.  In addition to the other fees  provided  for  in
    38  paragraphs  (a),  (b)  and  (c)  of subdivision four of this section the
    39  commissioner shall, upon application in such cases for the  registration
    40  of  a snowmobile or the renewal thereof, collect the annual [ninety] one
    41  hundred twenty-five dollar fee for residents and  [ninety]  one  hundred
    42  twenty-five  dollar fee for nonresidents [and] or a [thirty-five] fifty-
    43  five dollar fee for residents and [thirty-five]  fifty-five  dollar  fee
    44  for  nonresidents  who  provide proof, at the time of registration, that
    45  such individual is a member of an organized New  York  state  snowmobile
    46  club that is a member of the New York state snowmobile association or is
    47  a  member of an organized New York state snowmobile club that is a trail
    48  maintenance entity and a member of the New York state snowmobile associ-
    49  ation which are imposed by section 21.07 of the  parks,  recreation  and

        A. 3008--B                         14
 
     1  historic preservation law. In the event that an individual seeking snow-
     2  mobile  club  membership  is unable, for any reason, to secure such club
     3  membership, he or she may contact the New York state snowmobile  associ-
     4  ation,  who shall secure such membership for such person. This fee shall
     5  also be collected from dealers at the time of original registration  and
     6  at  the  time  of  each renewal. The commissioner shall effectuate regu-
     7  lations regarding what is required as proof of membership in  an  organ-
     8  ized  New  York state snowmobile club that is a trail maintenance entity
     9  and a member of the  New  York  state  snowmobile  association  for  the
    10  purposes of this subdivision.
    11    §  2. Section 21.07 of the parks, recreation and historic preservation
    12  law, as amended by chapter 609 of the laws of 2005, is amended  to  read
    13  as follows:
    14    § 21.07 Fee for snowmobile trail development and maintenance. 1. A fee
    15  of  [ninety]  one hundred twenty-five dollars is hereby imposed upon the
    16  resident, and [ninety] one hundred twenty-five dollars upon the nonresi-
    17  dent, owner of a snowmobile for the  snowmobile  trail  development  and
    18  maintenance  fund  to be paid to the commissioner of motor vehicles upon
    19  the registration thereof in addition to the registration fee required by
    20  the vehicle and traffic law, the payment of  which  fee  hereby  imposed
    21  shall  be  a condition precedent to such individual resident, individual
    22  nonresident or dealer registration.
    23    2. Notwithstanding the fee as established in subdivision one  of  this
    24  section,  an individual resident or nonresident registering a snowmobile
    25  who provides proof at the time of registration, that such individual  is
    26  a member of an organized New York state snowmobile club that is a member
    27  of the New York state snowmobile association or is a member of an organ-
    28  ized  New  York state snowmobile club that is a trail maintenance entity
    29  and a member of the New York state  snowmobile  association,  shall  pay
    30  [thirty-five]  fifty-five dollars for each snowmobile for the snowmobile
    31  trail development and maintenance fund in addition to  the  registration
    32  required by the vehicle and traffic law. In the event that an individual
    33  seeking  snowmobile club membership is unable, for any reason, to secure
    34  such club membership, he or she may contact the New York  state  snowmo-
    35  bile association, who shall secure such membership for such person.
    36    § 3.  This act shall take effect one year after it shall have become a
    37  law.
 
    38                                   PART NN
 
    39                            Intentionally Omitted

    40                                   PART OO
 
    41    Section  1. Subdivision 9 of section 103 of the general municipal law,
    42  as amended by chapter 90 of the laws of 2017, subparagraph (ii) of para-
    43  graph (a) as amended by section 1 of part JJ of chapter 58 of  the  laws
    44  of 2020, is amended to read as follows:
    45    9. (a) Notwithstanding the foregoing provisions of this section to the
    46  contrary,  a  board of education, on behalf of its school district, or a
    47  board of cooperative educational services, may separately purchase eggs,
    48  livestock, fish, dairy products (excluding  milk),  juice,  grains,  and
    49  species  of  fresh  fruit  and  vegetables  directly from New York State
    50  producers or growers, or associations of producers and growers, provided
    51  that[:

        A. 3008--B                         15

     1    (a) (i) such association of producers or growers is comprised  of  ten
     2  or  fewer  owners  of  farms  who  also  operate such farms and who have
     3  combined to fill the order of a school district or board of  cooperative
     4  educational  services  as  herein  authorized,  provided however, that a
     5  school  district  or board of cooperative educational services may apply
     6  to the commissioner of education for  permission  to  purchase  from  an
     7  association  of more than ten owners of such farms when no other produc-
     8  ers or growers have offered to sell to such school or board  of  cooper-
     9  ative educational services; or
    10    (ii)  such  association of producers or growers is comprised of owners
    11  of farms who also operate such farms and have combined to fill the order
    12  of a school district or board of cooperative educational  services,  and
    13  where]  such order is for one hundred thousand dollars or less as herein
    14  authorized, provided however, that a school district or board of cooper-
    15  ative educational services may apply to the  commissioner  of  education
    16  for  permission  to  purchase  orders  of more than one hundred thousand
    17  dollars from an association of  owners  of  such  farms  when  no  other
    18  producers or growers have offered to sell to such school[;
    19    (b) the amount that may be expended by a school district in any fiscal
    20  year for such purchases shall not exceed an amount equal to twenty cents
    21  multiplied  by the total number of days in the school year multiplied by
    22  the total enrollment of such school district;
    23    (b-1) the amount that may be expended by a board of cooperative educa-
    24  tional services in any fiscal year for such purchases shall  not  exceed
    25  an  amount  equal to twenty cents multiplied by the total number of days
    26  in the school year  multiplied  by  the  number  of  students  receiving
    27  services by such board of cooperative educational services at facilities
    28  operated by a board of cooperative educational services;
    29    (c) all].
    30    (b)  All  such purchases shall be administered pursuant to regulations
    31  promulgated by the commissioner of education. Such regulations shall: be
    32  developed in consultation  with  the  commissioner  of  agriculture  and
    33  markets  to accommodate and promote the provisions of the farm-to-school
    34  program established pursuant to subdivision five-b of section sixteen of
    35  the agriculture and markets law and subdivision  thirty-one  of  section
    36  three  hundred  five of the education law as added by chapter two of the
    37  laws of two thousand two; ensure that the prices paid by a  district  or
    38  board  of cooperative educational services for any items so purchased do
    39  not exceed the prices of comparable local farm products that are  avail-
    40  able  to  districts  through their usual purchases of such items; ensure
    41  that all producers and growers who desire to sell to school districts or
    42  boards of cooperative educational services can readily  access  informa-
    43  tion  in  accordance with the farm-to-school law; include provisions for
    44  situations when more than one producer or grower seeks to sell the  same
    45  product  to  a  district or board of cooperative educational services to
    46  ensure that all such producers or growers have an equitable  opportunity
    47  to  do  so in a manner similar to the usual purchasing practices of such
    48  districts or boards of cooperative educational services; [develop guide-
    49  lines for approval of purchases of items from associations of more  than
    50  ten  growers  and  producers;]  and,  to the maximum extent practicable,
    51  minimize additional paperwork, recordkeeping and other similar  require-
    52  ments on both growers and producers and school districts.
    53    §  2.  Subdivision  10 of section 103 of the general municipal law, as
    54  added by chapter 848 of the laws of 1983, is amended to read as follows:
    55    10. Notwithstanding the foregoing provisions of this  section  to  the
    56  contrary,  a  board  of education may, on behalf of its school district,

        A. 3008--B                         16
 
     1  separately purchase milk produced  in  New  York  state,  directly  from
     2  licensed  milk processors [employing less than forty people] pursuant to
     3  the provisions of this subdivision. [The amount that may be expended  by
     4  a  school district in any fiscal year pursuant to this section shall not
     5  exceed an amount equal to twenty-five  cents  multiplied  by  the  total
     6  number  of days in the school year multiplied by the total enrollment of
     7  such school district.] All purchases made pursuant to  this  subdivision
     8  shall be administered pursuant to regulations promulgated by the commis-
     9  sioner of education.  The regulations promulgated by the commissioner of
    10  education  shall  ensure  that  the prices paid by a school district for
    11  items purchased pursuant to this subdivision do not  exceed  the  market
    12  value  of such items and that all licensed processors who desire to sell
    13  to a school district pursuant to this subdivision  have  equal  opportu-
    14  nities to do so.
    15    § 3. Intentionally omitted.
    16    §  4.  Section 103 of the general municipal law is amended by adding a
    17  new subdivision 10-a to read as follows:
    18    10-a. Each board or agency of a political subdivision or any  district
    19  therein, board of education, on behalf of a school district, or board of
    20  cooperative  educational  services shall report to the office of general
    21  services and department of agriculture and markets on  an  annual  basis
    22  the  total  dollar  value  procured  of  food,  including  milk and milk
    23  products and food products, grown, produced, or harvested  in  New  York
    24  pursuant  to  subdivisions 9 and 10 of this section, no later than March
    25  thirty-first for the previous calendar year.
    26    § 5. This act shall take effect immediately.
 
    27                                   PART PP
 
    28                            Intentionally Omitted
 
    29                                   PART QQ
 
    30    Section 1. Intentionally omitted.
    31    § 2. Intentionally omitted.
    32    § 3. Intentionally omitted.
    33    § 4. Intentionally omitted.
    34    § 5. Paragraphs (a) and (d) of subdivision 1 of section 56-0505 of the
    35  environmental conservation law, as amended by section 5  of  part  D  of
    36  chapter 1 of the laws of 2003, are amended to read as follows:
    37    (a)  the  benefit to the environment and public health realized by the
    38  expeditious remediation of the property proposed to be subject  to  such
    39  project;
    40    (d) real property in a designated brownfield opportunity area pursuant
    41  to  section  nine hundred seventy-r of the general municipal law or real
    42  property in a disadvantaged community pursuant to  subdivision  five  of
    43  section 75-0101 of this chapter; and
    44    § 6. Intentionally omitted.
    45    § 7. Intentionally omitted.
    46    § 8. Intentionally omitted.
    47    § 9. Intentionally omitted.
    48    § 10. This act shall take effect immediately.
 
    49                                   PART RR

        A. 3008--B                         17
 
     1    Section 1. The section heading of section 11-0935 of the environmental
     2  conservation  law, as added by section 1 of part ZZ of chapter 55 of the
     3  laws of 2021, is amended to read as follows:
     4    Deer hunting [pilot] program.
     5    §  2.  Section 2 of part ZZ of chapter 55 of the laws of 2021 amending
     6  the environmental conservation law relating to establishing a deer hunt-
     7  ing pilot program is amended to read as follows:
     8    § 2. This act shall take effect June 1, 2021 and shall expire  and  be
     9  deemed repealed December 31, [2023] 2025.
    10    § 3. This act shall take effect immediately.
 
    11                                   PART SS
 
    12    Section  1.  Section 33-0705 of the environmental conservation law, as
    13  amended by section 1 of item NN of subpart B of part XXX of  chapter  58
    14  of the laws of 2020, is amended to read as follows:
    15  § 33-0705. Fee for registration.
    16    The applicant for registration shall pay a fee as follows:
    17    a.  [On  or  before  July  1,  2023, six] Six hundred dollars for each
    18  pesticide proposed to be registered, provided  that  the  applicant  has
    19  submitted  to  the  department proof in the form of a federal income tax
    20  return for the previous year showing gross  annual  sales,  for  federal
    21  income  tax  purposes, of three million five hundred thousand dollars or
    22  less; and
    23    b. [On or before July 1, 2023, for] For all others, six hundred twenty
    24  dollars for each pesticide proposed to be registered[;
    25    c. After July 1, 2023, fifty dollars for each pesticide proposed to be
    26  registered].
    27    § 2.  Section 9 of chapter 67 of the laws of 1992, amending the  envi-
    28  ronmental  conservation  law  relating to pesticide product registration
    29  timetables and fees, as amended by section 2 of item NN of subpart B  of
    30  part  XXX  of  chapter  58  of  the  laws of 2020, is amended to read as
    31  follows:
    32    § 9. This act shall take effect April 1, 1992 provided, however,  that
    33  section  three  of  this  act  shall take effect July 1, 1993 [and shall
    34  expire and be deemed repealed on July 1, 2023].
    35    § 3.  This act shall take effect July 1, 2023.
 
    36                                   PART TT
 
    37                            Intentionally Omitted
 
    38                                   PART UU
 
    39    Section 1. Paragraph (a) of section 11.00 of the local finance law  is
    40  amended by adding a new subdivision 109 to read as follows:
    41    109.  Lead  service line replacement programs established by a munici-
    42  pality, school district or  district  corporation,  including,  but  not
    43  limited  to  programs  that inventory, design and replace publicly owned
    44  and privately owned lead  service  lines  within  an  established  water
    45  system,  thirty  years. As used in this subdivision, "lead service line"
    46  means a service line made in whole or in part of lead, which connects  a
    47  water  main to a building inlet. A lead service line may be owned by the
    48  water system, a property owner, or both. A lead gooseneck,  pigtail,  or
    49  connector  shall  be  eligible for replacement regardless of the service

        A. 3008--B                         18
 
     1  line material to which  a  lead  gooseneck,  pigtail,  or  connector  is
     2  attached.  Gooseneck,  pigtail,  or  connector  means a short section of
     3  piping, typically not exceeding two feet, which can be bent and used for
     4  connections  between  rigid  service  piping. A galvanized iron or steel
     5  service line is considered a lead service line if  it  ever  was  or  is
     6  currently downstream of any lead service line or service line of unknown
     7  material.
     8    § 2. This act shall take effect immediately.
 
     9                                   PART VV
 
    10    Section  1.  Expenditures  of  moneys appropriated in a chapter of the
    11  laws of 2023 to the department  of  agriculture  and  markets  from  the
    12  special  revenue  funds-other/state  operations,  miscellaneous  special
    13  revenue fund-339,  public  service  account  shall  be  subject  to  the
    14  provisions  of  this section. Notwithstanding any other provision of law
    15  to the contrary, direct and indirect expenses relating to the department
    16  of  agriculture  and  markets'  participation  in   general   ratemaking
    17  proceedings  pursuant to section 65 of the public service law or certif-
    18  ication proceedings pursuant to article 7 or 10 of  the  public  service
    19  law, shall be deemed expenses of the department of public service within
    20  the  meaning  of  section  18-a of the public service law. No later than
    21  August 15, 2024, the commissioner of the department of  agriculture  and
    22  markets  shall submit an accounting of such expenses, including, but not
    23  limited to, expenses in the 2023--2024 state fiscal  year  for  personal
    24  and  non-personal  services  and  fringe  benefits,  to the chair of the
    25  public service  commission  for  the  chair's  review  pursuant  to  the
    26  provisions of section 18-a of the public service law.
    27    §  2.  Expenditures of moneys appropriated in a chapter of the laws of
    28  2023 to  the  department  of  state  from  the  special  revenue  funds-
    29  other/state  operations,  miscellaneous special revenue fund-339, public
    30  service account shall be subject to  the  provisions  of  this  section.
    31  Notwithstanding  any  other provision of law to the contrary, direct and
    32  indirect expenses relating  to  the  activities  of  the  department  of
    33  state's  utility  intervention unit pursuant to subdivision 4 of section
    34  94-a of the executive law, including, but not limited  to  participation
    35  in  general  ratemaking proceedings pursuant to section 65 of the public
    36  service law or certification proceedings pursuant to article 7 or 10  of
    37  the  public  service  law, and expenses related to the activities of the
    38  major renewable energy development program established by  section  94-c
    39  of  the  executive  law,  shall  be deemed expenses of the department of
    40  public service within the meaning of section 18-a of the public  service
    41  law.  No later than August 15, 2024, the secretary of state shall submit
    42  an  accounting of such expenses, including, but not limited to, expenses
    43  in the 2023--2024  state  fiscal  year  for  personal  and  non-personal
    44  services and fringe benefits, to the chair of the public service commis-
    45  sion  for  the chair's review pursuant to the provisions of section 18-a
    46  of the public service law.
    47    § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
    48  2023  to  the office of parks, recreation and historic preservation from
    49  the special revenue funds-other/state operations, miscellaneous  special
    50  revenue  fund-339,  public  service  account  shall  be  subject  to the
    51  provisions of this section. Notwithstanding any other provision  of  law
    52  to  the contrary, direct and indirect expenses relating to the office of
    53  parks, recreation and historic preservation's participation  in  general
    54  ratemaking  proceedings pursuant to section 65 of the public service law

        A. 3008--B                         19
 
     1  or certification proceedings pursuant to article 7 or 10 of  the  public
     2  service  law,  shall  be  deemed  expenses  of  the department of public
     3  service within the meaning of section 18-a of the public service law. No
     4  later  than  August  15,  2024, the commissioner of the office of parks,
     5  recreation and historic preservation shall submit an accounting of  such
     6  expenses,  including,  but  not  limited  to, expenses in the 2023--2024
     7  state fiscal year for personal  and  non-personal  services  and  fringe
     8  benefits,  to the chair of the public service commission for the chair's
     9  review pursuant to the provisions of section 18-a of the public  service
    10  law.
    11    §  4.  Expenditures of moneys appropriated in a chapter of the laws of
    12  2023 to the department of environmental conservation  from  the  special
    13  revenue funds-other/state operations, environmental conservation special
    14  revenue  fund-301,  utility  environmental  regulation  account shall be
    15  subject to the provisions of this  section.  Notwithstanding  any  other
    16  provision  of law to the contrary, direct and indirect expenses relating
    17  to the department of environmental conservation's participation in state
    18  energy policy proceedings,  or  certification  proceedings  pursuant  to
    19  article  7  or 10 of the public service law, shall be deemed expenses of
    20  the department of public service within the meaning of section  18-a  of
    21  the  public service law. No later than August 15, 2024, the commissioner
    22  of the department of environmental conservation shall submit an account-
    23  ing of such expenses, including, but not limited  to,  expenses  in  the
    24  2023--2024  state fiscal year for personal and non-personal services and
    25  fringe benefits, to the chair of the public service commission  for  the
    26  chair's  review pursuant to the provisions of section 18-a of the public
    27  service law.
    28    § 5. Notwithstanding any other law, rule or regulation to the  contra-
    29  ry,  expenses  of  the  department  of  health  public service education
    30  program incurred pursuant to appropriations from  the  cable  television
    31  account of the state miscellaneous special revenue funds shall be deemed
    32  expenses  of  the department of public service. No later than August 15,
    33  2024, the commissioner of the  department  of  health  shall  submit  an
    34  accounting  of expenses in the 2023--2024 state fiscal year to the chair
    35  of the public service commission for the chair's review pursuant to  the
    36  provisions of section 217 of the public service law.
    37    §  6.  Any  expense  deemed to be expenses of the department of public
    38  service pursuant to sections one through four of this act shall  not  be
    39  recovered  through  assessments  imposed  upon telephone corporations as
    40  defined in subdivision 17 of section 2 of the public service law.
    41    § 7. This act shall take effect immediately and  shall  be  deemed  to
    42  have  been in full force and effect on and after April 1, 2023 and shall
    43  expire and be deemed repealed August 15, 2024.
 
    44                                   PART WW
 
    45    Section 1. Short title. This act shall be known and may  be  cited  as
    46  the "all-electric building and state decarbonization act".
    47    §  2.  Section  11-104  of the energy law is amended by adding two new
    48  subdivisions 7 and 8 to read as follows:
    49    7. Support the goal of zero on-site greenhouse gas emissions and  help
    50  achieve  the  state's clean energy and climate agenda, including but not
    51  limited to greenhouse gas reduction requirements set forth within  chap-
    52  ter  one hundred six of the laws of two thousand nineteen, also known as
    53  the New York state climate  leadership  and  community  protection  act.
    54  Notwithstanding  the  provisions  of paragraph (b) of subdivision one of

        A. 3008--B                         20
 
     1  section 11-103 of this article, the code shall prohibit building systems
     2  or equipment used for the combustion of fossil  fuels  in  new  building
     3  construction statewide:
     4    (a)  no  later than December thirty-first, two thousand twenty-five if
     5  the new building is less than seven stories;
     6    (b) no later than December thirty-first, two thousand twenty-eight  if
     7  the new building is seven stories or more; and
     8    (c)  provided  that  the department of public service, in consultation
     9  with the independent system operator, determines that the electric power
    10  grid infrastructure is sufficient to support the new electrical load  in
    11  a  particular region, area, or project. The department of public service
    12  shall make such information available to assist municipalities in making
    13  such determinations when approving the siting of new buildings.
    14    8.  Notwithstanding  the  provisions  of  subdivision  seven  of  this
    15  section,  the  state  fire  prevention  and  building code council shall
    16  exempt systems for generation of emergency backup power, or a new build-
    17  ing or part of a new building designated for occupancy by  a  commercial
    18  food  establishment,  laboratory,  laundromat, hospital or other medical
    19  facility, critical infrastructure such as backup  power  for  wastewater
    20  treatment  facilities,  agricultural  buildings,  a manufactured home as
    21  defined in subdivision seven of section six hundred one of the executive
    22  law, or a crematorium, but in doing so shall seek to minimize  emissions
    23  and  maximize  health,  safety,  and fire protection. In such cases, the
    24  code shall, to the fullest extent feasible, limit the  building  systems
    25  or  equipment  used for the combustion of fossil fuels to the system and
    26  area of a new building for which a prohibition on  building  systems  or
    27  equipment  used for the combustion of fossil fuels is infeasible. To the
    28  fullest extent feasible, the code shall require that the area or service
    29  within a new building where building systems or equipment used  for  the
    30  combustion  of  fossil  fuels are installed shall be all-electric ready;
    31  and minimize emissions  from  the  fossil fuel equipment  and   building
    32  systems    that are allowed to be used, provided that the provisions set
    33  forth in this subdivision do  not  adversely  affect  health,    safety,
    34  security,  or fire protection, and financial considerations shall not be
    35  a  sufficient  basis  to  determine physical or technical infeasibility.
    36  Exemptions or waivers provided under this subdivision shall be  reviewed
    37  during  each  major  code  update cycle to determine whether they should
    38  still be authorized for new construction.
    39    For the purposes of this subdivision, "all-electric ready" shall  mean
    40  electrical  systems  and  designs  that  provide sufficient capacity for
    41  future electrification, including sufficient  space,   drainage,   elec-
    42  trical    conductors  or  raceways,  bus  bar  capacity, and overcurrent
    43  protective devices for future electric-powered equipment.
    44    § 3. Section 1005 of the public authorities law is amended by adding a
    45  new subdivision 30 to read as follows:
    46    30. To establish, administer,  implement,  and  finance  any  programs
    47  established  pursuant  to article four-D of the public buildings law and
    48  to create processes for application review and allocation of  funds  for
    49  such  programs,  and to consult, cooperate and coordinate with any state
    50  entity as required or authorized in article four-D of the public  build-
    51  ings law.
    52    §  4.  The public buildings law is amended by adding a new article 4-D
    53  to read as follows:
    54                                 ARTICLE 4-D
    55                  DECARBONIZATION OF STATE-OWNED FACILITIES
    56  Section 90. Definitions.

        A. 3008--B                         21
 
     1          91. Decarbonization mandates.
     2          92. Tracking and reporting.
     3          93. Public buildings decarbonization program.
     4    § 90. Definitions. As used in this article:
     5    1.  "State-owned facilities" includes "building" as defined by section
     6  eighty-one of the  public  buildings  law,  "dormitory"  as  defined  by
     7  section  three  hundred  seventy of the education law, and "facility" as
     8  defined by section three hundred seventy of the education law.
     9    2. "Disadvantaged communities" has the  same  meaning  as  in  section
    10  75-0101 of the environmental conservation law.
    11    3.  "Highest-emitting facilities" means fifteen state-owned facilities
    12  that produce the most emissions and collectively account  for  at  least
    13  thirty  percent  of  the  greenhouse  gas  emissions  as recorded by the
    14  authority's Build Smart NY program  established  pursuant  to  Executive
    15  Order 88 of 2012.
    16    4.  "Decarbonization"  and "decarbonize" means eliminating all on-site
    17  combustion of fossil fuels and associated co-pollutants with the  excep-
    18  tion of back-up emergency generators.
    19    5. "Program" means the public buildings decarbonization program estab-
    20  lished pursuant to section ninety-three of this article.
    21    6. As used in this article:
    22    (a)  "Authority"  shall  mean  the power authority of the state of New
    23  York, as established by section one thousand two of the public  authori-
    24  ties law.
    25    (b) "Thermal energy network" shall have the same meaning as defined in
    26  subdivision twenty-nine of section two of the public service law.
    27    (c)  "State  energy research and development authority" shall have the
    28  same meaning as defined in subdivision two of section  eighteen  hundred
    29  fifty-one of the public authorities law.
    30    §  91.  Decarbonization  mandates.  1.  No later than December thirty-
    31  first, two thousand thirty,  all  state-owned  facilities  shall  reduce
    32  total  on-site  greenhouse  gas  emissions  to be at least fifty percent
    33  lower compared to a January first, two thousand twenty-four baseline. No
    34  later than December thirty-first, two thousand thirty-five,  all  state-
    35  owned  facilities shall reduce total on-site greenhouse gas emissions to
    36  be at least seventy-five percent lower compared to a January first,  two
    37  thousand  twenty-four baseline. No later than December thirty-first, two
    38  thousand forty, all state-owned facilities shall have zero total on-site
    39  greenhouse gas emissions.
    40    2. Operators of state-owned facilities may apply to the authority  for
    41  a  temporary  exemption  from  the  requirements  of  this  section. Any
    42  exemptions may be for up to two years from the date of approval, and any
    43  extension of exemption period shall need to be resubmitted and  reevalu-
    44  ated  upon expiration, provided no such period of a single extension may
    45  be longer than two years. The authority shall only approve  applications
    46  for  exemptions  for maintaining system reliability or if all reasonable
    47  attempts to cover the costs of  decarbonization,  including  application
    48  for  federal  funds  and receiving support from the authority, have been
    49  exhausted.
    50    § 92. Tracking and reporting. 1. The authority,  in  cooperation  with
    51  the state energy research and development authority, shall keep track of
    52  on-site  greenhouse  gas  emissions  of state-owned facilities and their
    53  progress in complying with the requirements  of  section  ninety-one  of
    54  this  article. All state-owned facilities shall furnish such information
    55  and assistance as the authority determines is necessary for  implementa-
    56  tion of the provisions of this article.

        A. 3008--B                         22
 
     1    2.  The authority shall issue a report to the governor, speaker of the
     2  assembly, and president of the senate on March thirty-first,  two  thou-
     3  sand  twenty-five, and annually thereafter, on the progress made to meet
     4  the greenhouse gas emission reduction requirements set forth in  section
     5  ninety-one  of  this article, the number and type of projects completed,
     6  status of current or incomplete projects, the  number  of  jobs  created
     7  pursuant  to  such  projects,  the  number of local hires, including the
     8  percentage from disadvantaged communities. Such  report  shall  also  be
     9  made available to the public on the authority's website.
    10    § 93. Public  buildings  decarbonization program. 1. (a) The authority
    11  is hereby directed to establish  and  administer  the  public  buildings
    12  decarbonization program, as prescribed in this section, to provide fund-
    13  ing,  technical  assistance and other resources as necessary to plan and
    14  implement decarbonization projects at the  highest-emitting  facilities,
    15  including  construction  of  thermal energy networks and installation of
    16  other complementary measures such as building weatherization, electrical
    17  upgrades, installation of  heat  pumps,  and  on-site  renewable  energy
    18  generation.
    19    (b) No later than April first, two thousand twenty-four, the authority
    20  shall  provide  awards  of  at  least  five  million dollars each to the
    21  highest-emitting facilities for fifteen state-owned facilities to devel-
    22  op shovel-ready decarbonization plans. The recipients of the  award  may
    23  study  and choose the best option for decarbonization, including consid-
    24  eration of the thermal energy networks and complementary methods,  based
    25  on the scale and technical requirements for their site. The decarboniza-
    26  tion  plans  shall include any feasibility studies, engineering reports,
    27  and other preparatory work necessary  to  determine  a  project  budget,
    28  estimated  project  length for the installation and operation of thermal
    29  energy networks or other measures  to  decarbonize  the  facility.  Such
    30  plans  shall  be required to be completed no later than April first, two
    31  thousand twenty-five, and shall be published publicly on the website  of
    32  the  authority. Any funding received pursuant to this paragraph shall be
    33  used exclusively to conduct the studies and  reports  required  by  this
    34  subdivision,  and complete decarbonization projects at the highest-emit-
    35  ting facilities. Any state-owned facility receiving awards  pursuant  to
    36  this  article  shall consider in its feasibility studies and engineering
    37  reports the possibility of  including  nearby  buildings  that  are  not
    38  state-owned in such network.
    39    (c) No later than April first, two thousand twenty-four, the authority
    40  shall  make  available  a  total  of  at least thirty million dollars in
    41  competitive grants to fund work on  decarbonization  projects  that  are
    42  already shovel ready, at state-owned facilities across the state.
    43    (d) No later than April first, two thousand twenty-four, the authority
    44  shall  make available a total of at least ten million dollars in compet-
    45  itive grants to fund preparation and implementation  of  electrification
    46  and weatherization at state-owned facilities across the state.
    47    (e)  To  effectuate  the purposes of this section, the authority shall
    48  consult and coordinate with, and provide any technical assistance neces-
    49  sary for compliance with the provisions of this section to,  the  office
    50  of  general  services,  the  state university of New York, the dormitory
    51  authority of the state of New York, or any other state-owned facilities.
    52  The authority may ask and shall receive from the state  energy  research
    53  and  development  authority,  the  office of general services, the state
    54  university of New York, the  dormitory  authority,  and  any  owners  of
    55  state-owned facilities, any information or assistance necessary to carry
    56  out its powers and duties under this section.

        A. 3008--B                         23
 
     1    (f)  Any  work conducted pursuant to, or using funds provided pursuant
     2  to, this section shall comply with the labor  and  community  provisions
     3  required in subdivisions three and four of this section.
     4    2. No later than April first, two thousand twenty-seven, the authority
     5  in coordination with the state energy research and development authority
     6  shall  identify all state-owned facilities that are located in disadvan-
     7  taged communities, and shall provide funding, technical  assistance  and
     8  other  resources  as  necessary  to  plan  and implement decarbonization
     9  projects at state-owned facilities located in disadvantaged  communities
    10  that are not the highest-emitting facilities.
    11    3.  Any  project  funded  or created pursuant to this section shall be
    12  deemed public work projects subject to articles eight and  nine  of  the
    13  labor law and include the following requirements:
    14    (a)  for  all  construction  work,  the public owner, or a third party
    15  acting on behalf of such public owner, shall enter into a project  labor
    16  agreement,  as  defined  by  section two hundred twenty-two of the labor
    17  law, with a bona fide building and construction trades  labor  organiza-
    18  tion  establishing  the  labor organization as the collective bargaining
    19  representative for all persons who will perform work;
    20    (b) for any building services work  associated  with  the  project  or
    21  permanent   installation  of  decarbonization  components,  payment  and
    22  enforcement of prevailing wage consistent with article nine of the labor
    23  law;
    24    (c) for any operations and maintenance work associated with the perma-
    25  nent installation of decarbonization components, such as thermal  energy
    26  networks,  the  public entity shall require a labor peace agreement with
    27  at least one bona fide labor organization that is actively  representing
    28  employees  in such job-type or, upon notice, by a bona fide labor organ-
    29  ization that is attempting to  represent  employees  in  such  job-type.
    30  Individuals  eligible  for  these  employment  positions  shall first be
    31  selected from and offered to a pool of transitioning utility workers who
    32  have lost, or are at risk of losing, their  employment  with  a  utility
    33  downsizing  its  gas  transmission and distribution system. Such list of
    34  potential employees shall be provided by affected unions and provided to
    35  the commissioner of labor, who shall update and provide such list to the
    36  New York power authority, or the relevant state-owned  facility,  ninety
    37  days  prior  to  the  purchase,  acquisition, and/or construction of any
    38  decarbonization project created under this section.
    39    (d) (i) the inclusion of contract language with a provision  that  the
    40  iron  and  structural  steel  used  or supplied on the "public work" for
    41  purposes of this paragraph, in the performance of the  contract  or  any
    42  subcontract thereto and that is permanently incorporated into the public
    43  work,  shall  be  produced  or  made in whole or substantial part in the
    44  United States, its territories or possessions. In the case of  a  struc-
    45  tural iron or structural steel product all manufacturing must take place
    46  in  the United States, from the initial melting stage through the appli-
    47  cation of coatings, except metallurgical processes involving the refine-
    48  ment of steel additives. For the purposes of this  subdivision,  "perma-
    49  nently  incorporated"  shall  mean  an  iron  or  steel  product that is
    50  required to remain in place at the end of the  project  contract,  in  a
    51  fixed location, affixed to the public work to which it was incorporated.
    52  Iron  and  steel  products  that  are  capable  of  being moved from one
    53  location to another are not permanently incorporated into a public work.
    54    (ii) The provisions of subparagraph (i) of this  paragraph  shall  not
    55  apply if the head of the public entity constructing the public works, in
    56  his  or her sole discretion, determines that the provisions would not be

        A. 3008--B                         24
 
     1  in the public interest, would result  in  unreasonable  costs,  or  that
     2  obtaining  such  steel  or  iron in the United States would increase the
     3  cost of the contract by an unreasonable amount, or such iron  or  steel,
     4  including without limitation structural iron and structural steel cannot
     5  be  produced  or  made in the United States in sufficient and reasonably
     6  available quantities and of satisfactory quality. The head of the public
     7  entity constructing the public works shall include this determination in
     8  an advertisement or solicitation of a request for  proposal,  invitation
     9  for  bid,  or solicitation of proposal, or any other method provided for
    10  by law or regulation for soliciting a response from  offerors  intending
    11  to  result  in  a contract pursuant to this paragraph. The provisions of
    12  subparagraph (i)  of  this  paragraph  shall  not  apply  for  equipment
    13  purchased prior to the effective date of this article.
    14    (e) apprenticeship and workforce development utilization: (i) wherever
    15  possible,  contractors  and subcontractors should be required to partic-
    16  ipate in apprenticeship programs, registered in accordance with  article
    17  twenty-three  of the labor law, in the trades in which they are perform-
    18  ing work; (ii) for industries without apprenticeship programs,  the  use
    19  of  workforce training, preferably in conjunction with a bona fide labor
    20  organization, shall be required; (iii) encouragement of registered  pre-
    21  apprenticeship direct entry programs for the recruitment of local and/or
    22  disadvantaged workers;
    23    (f)  at least forty of the workforce development programs, pre-appren-
    24  ticeship programs, and necessary wraparound services  utilized  for  the
    25  program  established pursuant to this section shall benefit residents of
    26  disadvantaged communities.
    27    4. (a) Nothing in this article shall alter the rights or benefits, and
    28  privileges, including but not limited to terms and conditions of employ-
    29  ment, civil service status, and collective bargaining  unit  membership,
    30  of any current employees of the state or any agency, public authority or
    31  the state university of New York.
    32    (b)  Nothing  in  this  article  shall  result  in: (i) the discharge,
    33  displacement, or loss of position, including partial  displacement  such
    34  as  a  reduction in the hours of non-overtime work, wages, or employment
    35  benefits; (ii) the impairment of existing collective  bargaining  agree-
    36  ments;  (iii) the transfer of existing duties and functions; or (iv) the
    37  transfer of future duties and functions, of any currently employed work-
    38  er of the state or any agency, public authority or the state  university
    39  of New York.
    40    (c) Prior to the beginning of the procurement process for decarboniza-
    41  tion  projects,  the agency, public authority or the state university of
    42  New York shall create and implement a workforce development report that:
    43  (i) estimates the number of current positions that would  be  eliminated
    44  or substantially changed as a result of the proposed building decarboni-
    45  zation  project,  and  the number of positions expected to be created by
    46  the building decarbonization project; (ii) identifies gaps in skills  of
    47  its  current  workforce  that are needed to operate and maintain thermal
    48  energy networks; (iii) includes  a  comprehensive  plan  to  transition,
    49  train,  or  retrain  employees  that are impacted by the decarbonization
    50  projects; and (iv) contains an estimated budget to transition, train, or
    51  retrain employees that are  impacted  by  the  proposed  decarbonization
    52  projects.
    53    (d)  Nothing  in this article shall: (i) limit the rights of employees
    54  pursuant to a collective bargaining agreement, or (ii) alter the  exist-
    55  ing representational relationships among collective bargaining represen-
    56  tatives  or  the  bargaining  relationships between the employer and any

        A. 3008--B                         25
 
     1  collective bargaining representative. Employees of public entities serv-
     2  ing in positions in newly created titles shall be assigned to the appro-
     3  priate bargaining unit.
     4    (e)  Prior  to  beginning  the procurement process for decarbonization
     5  projects, the state agency, public authority or the state university  of
     6  New  York  shall  inform  its employees' collective bargaining represen-
     7  tative of any potential impact on its members or unit,  including  posi-
     8  tions  that  may be affected, altered, or eliminated as a result of such
     9  projects.
    10    5. The authority shall complete and submit  a  report,  on  or  before
    11  April  first,  two  thousand  twenty-five,  on the implementation of the
    12  program established pursuant  to  this  section,  and  those  activities
    13  undertaken pursuant to this section, to the governor, the speaker of the
    14  assembly, the temporary president of the senate, the chair of the senate
    15  corporations,  authorities,  and commissions committee, the chair of the
    16  assembly corporations, authorities, and commissions committee, the chair
    17  of the assembly energy committee and the chair of the senate energy  and
    18  telecommunications committee.
    19    § 5.  This act shall take effect immediately.
 
    20                                   PART XX
 
    21                            Intentionally Omitted

    22                                   PART YY
 
    23                            Intentionally Omitted
 
    24                                   PART ZZ
 
    25    Section  1.  Expenditures  of  moneys  by  the  New  York state energy
    26  research and development authority for  services  and  expenses  of  the
    27  energy   research,  development  and  demonstration  program,  including
    28  grants, the energy policy and planning program, and the Fuel NY  program
    29  shall be subject to the provisions of this section.  Notwithstanding the
    30  provisions of subdivision 4-a of section 18-a of the public service law,
    31  all  moneys committed or expended in an amount not to exceed $28,725,000
    32  shall be reimbursed by assessment against gas corporations,  as  defined
    33  in  subdivision  11  of section 2 of the public service law and electric
    34  corporations as defined in subdivision 13 of section  2  of  the  public
    35  service  law, where such gas corporations and electric corporations have
    36  gross revenues from intrastate utility operations in excess of  $500,000
    37  in  the  preceding calendar year, and the total amount assessed shall be
    38  allocated to each electric corporation and gas corporation in proportion
    39  to its intrastate electricity and gas  revenues  in  the  calendar  year
    40  2021.    Such  amounts  shall  be  excluded  from the general assessment
    41  provisions of subdivision 2 of section 18-a of the public  service  law.
    42  The  chair  of  the public service commission shall bill such gas and/or
    43  electric corporations for such amounts on or before August 10, 2023  and
    44  such  amounts  shall  be  paid to the New York state energy research and
    45  development authority on or before September 10, 2023.    Upon  receipt,
    46  the  New  York  state  energy  research  and development authority shall
    47  deposit such funds in the energy research and development operating fund
    48  established pursuant to section 1859 of the public authorities law.  The

        A. 3008--B                         26
 
     1  New  York  state energy research and development authority is authorized
     2  and directed to: (1) transfer up to $4 million to the state general fund
     3  for climate change related services and expenses of  the  department  of
     4  environmental  conservation  from the funds received; and (2) commencing
     5  in 2016, provide to the chair of the public service commission  and  the
     6  director of the budget and the chairs and secretaries of the legislative
     7  fiscal  committees,  on or before August first of each year, an itemized
     8  record, certified by the president and chief executive  officer  of  the
     9  authority,  or  his  or her designee, detailing any and all expenditures
    10  and commitments ascribable to  moneys  received  as  a  result  of  this
    11  assessment  by the chair of the department of public service pursuant to
    12  section 18-a of the public service law.    This  itemized  record  shall
    13  include  an  itemized  breakdown  of  the  programs being funded by this
    14  section and the amount committed to each program.  The  authority  shall
    15  not  commit  for any expenditure, any moneys derived from the assessment
    16  provided for in this section, until the chair of  such  authority  shall
    17  have  submitted,  and  the director of the budget shall have approved, a
    18  comprehensive financial plan encompassing all moneys  available  to  and
    19  all  anticipated commitments and expenditures by such authority from any
    20  source for the operations of such authority.   Copies  of  the  approved
    21  comprehensive financial plan shall be immediately submitted by the chair
    22  to  the chairs and secretaries of the legislative fiscal committees. Any
    23  such amount not committed by such authority to contracts or contracts to
    24  be awarded or otherwise expended by the authority during the fiscal year
    25  shall be refunded by such authority on a  pro-rata  basis  to  such  gas
    26  and/or  electric  corporations,  in  a  manner  to  be determined by the
    27  department of public service, and any refund amounts must be  explicitly
    28  lined out in the itemized record described above.
    29    §  2.  This  act  shall take effect immediately and shall be deemed to
    30  have been in full force and effect on and after April 1, 2023.
 
    31                                  PART AAA
 
    32                            Intentionally Omitted
 
    33                                  PART BBB
 
    34    Section 1. The economic development law is amended  by  adding  a  new
    35  article 8-A to read as follows:

    36                                 ARTICLE 8-A
    37                    NEW YORK YOUTH JOBS CONNECTOR PROGRAM
 
    38  Section 205. Administration and services.
    39          206. Funding.
    40          207. Public outreach.
    41          208. Annual report.
    42    §  205.  Administration  and  services. 1. There is hereby established
    43  within the department a New York youth jobs connector program to connect
    44  unemployed and underemployed individuals between the ages of sixteen and
    45  twenty-four years with targeted educational, occupational, and  training
    46  services  to  help  prepare  such individuals for employment and improve
    47  opportunities for such individuals to  become  employed.  The  New  York
    48  youth  jobs  connector program shall be responsible for facilitating the
    49  coordination and delivery of existing programs and resources  throughout

        A. 3008--B                         27
 
     1  the  state  which  are designed to assist individuals identified in this
     2  article with  opportunities  for  employment,  skills  development,  job
     3  training, and the other related services described in subdivision two of
     4  this  section. Such program may be administered by the office of strate-
     5  gic workforce development within the department.
     6    2. The department shall coordinate with the department of  labor,  the
     7  department  of  education,  the  state  university of New York, the city
     8  university of New York, the office of temporary and  disability  assist-
     9  ance,  the office of children and family services, the urban development
    10  corporation and its subsidiaries, and any other relevant agency or enti-
    11  ty, to carry out the purposes of  this  article  and  leverage  existing
    12  funds  and  programs  for  unemployed and underemployed youth consistent
    13  with the purposes described herein. Services provided by  such  programs
    14  may  include,  but  are  not  limited to, high school equivalency, basic
    15  education, job skills training, English-as-a-second language, job  read-
    16  iness  training,  job  placement services, case management, career coun-
    17  seling and assessment, pre-apprenticeships and apprenticeships,  pre-vo-
    18  cational  skills  training, employability planning, supportive services,
    19  proactive outreach to unemployed and underemployed  youths,  skills  and
    20  vocational  programs  leading to career pathways and gainful employment,
    21  and the development or promulgation of other resources and  programs  to
    22  assist youths between the ages of sixteen and twenty-four years, partic-
    23  ularly at-risk youths in such category.
    24    §  206. Funding. The department shall identify and leverage any avail-
    25  able funds as necessary, including any private funds  provided  for  the
    26  purpose  of  supporting this article, which may be used to subsidize the
    27  New York youth jobs connector  program.  The  department  shall  further
    28  identify  any private or not-for-profit entities which currently provide
    29  job placement or training  services,  or  other  services  described  in
    30  section two hundred five of this article, whether as the entity's prima-
    31  ry  purpose  or coincidental to such entities' operations. Such entities
    32  shall include, but not be limited to, boys and  girls  clubs,  local  or
    33  state-wide affiliated young persons' organizations, and employer associ-
    34  ations.  The  department  may,  to the extent practicable, contract with
    35  such entities for the explicit purpose  of  using  their  membership  or
    36  staff to directly seek out and notify unemployed youths between the ages
    37  of sixteen and twenty-four years about the New York youth jobs connector
    38  program and the services offered thereunder.
    39    §  207.  Public  outreach.  1. The department shall engage in outreach
    40  efforts to raise awareness about  the  New  York  youth  jobs  connector
    41  program  and the services offered thereunder. Such outreach may include,
    42  but not be limited to:
    43    (a) brochures and posters  to  be  distributed  to  school  districts,
    44  boards  of cooperative educational services, public libraries, community
    45  colleges, trade schools, agricultural and technical colleges, and  other
    46  public institutions of higher education;
    47    (b) use of social media, internet, radio, newspapers, and print adver-
    48  tising;
    49    (c) participation in, or organization of program and job fairs;
    50    (d)  posting  easily  accessible hyperlinks to such information on the
    51  department's and the department of labor's websites;
    52    (e) collaboration with employment agencies or unions; and
    53    (f) recruitment of individuals to serve as visible public  ambassadors
    54  to promote the program.
    55    2.  The  department,  in  consultation  with the office of information
    56  technology services, shall create publicly accessible online surveys  to

        A. 3008--B                         28
 
     1  assess  the  goals, eligibility, and job readiness of individuals served
     2  by the program to match such  individuals  with  a  subset  of  relevant
     3  programs  and  services  for  consideration.  Such surveys shall be made
     4  available on the department's website. The department shall also publish
     5  an  informational webpage to provide details on the program and outreach
     6  events as well as information on and a hyperlink to the online surveys.
     7    § 208. Annual report. Not later than one year after the effective date
     8  of this act and annually thereafter, the commissioner,  in  consultation
     9  with the commissioner of labor, shall prepare and submit a report to the
    10  governor,  the temporary president of the senate, and the speaker of the
    11  assembly on the efficacy and progress made by the New  York  youth  jobs
    12  connector  program.  In  preparing the report, the commissioner may seek
    13  and include input from relevant  stakeholders,  including  participating
    14  youths,  schools, programs, and employers. The report shall also include
    15  recommendations on further improvements concerning outreach  efforts  to
    16  spread awareness of the program.
    17    §  2.  The economic development law is amended by adding a new section
    18  100-b to read as follows:
    19    § 100-b. Comprehensive report on the activities of the office of stra-
    20  tegic workforce development. Beginning on January  first,  two  thousand
    21  twenty-four,  and  every  January first thereafter, the department shall
    22  prepare a comprehensive annual report on the activities and efficacy  of
    23  the  office of strategic workforce development. In preparing the report,
    24  the department shall  coordinate  with  the  department  of  labor,  the
    25  department  of  education,  the  state  university of New York, the city
    26  university of New York, the office of temporary and  disability  assist-
    27  ance,  the office of children and family services, the urban development
    28  corporation and its subsidiaries, and any other relevant agency or enti-
    29  ty, to examine the office's interagency coordination. Such comprehensive
    30  report shall include aggregate  totals  for  each  economic  development
    31  program  administered  by the office of strategic workforce development,
    32  including but not limited to  program  progress,  program  participation
    33  rates,  economic impact, regional distribution, industry trends, and any
    34  other information deemed necessary by the commissioner.  The  department
    35  shall  prominently post the comprehensive economic development report on
    36  its website no later than January first of each year.
    37    § 3. The opening paragraph of subdivision 15  of  section  21  of  the
    38  labor  law, as amended by chapter 40 of the laws of 2018, is amended and
    39  a new subdivision 16 is added to read as follows:
    40    Shall establish and maintain an online database to catalogue and  make
    41  available information on workforce development funding programs [and may
    42  publish],  which  shall include all such programs administered, managed,
    43  or monitored by the New York  state  urban  development  corporation  as
    44  created  by  section one of chapter one hundred seventy-four of the laws
    45  of nineteen hundred sixty-eight, constituting the New York  State  urban
    46  development  corporation  act and any [analysis conducted by the depart-
    47  ment on such data] of its subsidiaries. For purposes  of  this  subdivi-
    48  sion,  the  term  "workforce  development  funding program" shall mean a
    49  program that funds or provides  targeted  educational,  occupational  or
    50  training  services for the purpose of effecting the employability of the
    51  participant, provides  training  or  employment  services,  supports  an
    52  economic  development  activity  by  enhancing the skills of the state's
    53  workforce, prepares individuals for employment,  improves  opportunities
    54  for  individuals  to  become  employed, or promotes understanding of the
    55  state labor force market through statistical studies, including but  not
    56  limited  to  programs  that fund or provide English as a second language

        A. 3008--B                         29
 
     1  and adult literacy. For each workforce development funding program,  the
     2  online  database  shall  include,  but  not be limited to, the following
     3  information for each funding program:
     4    16.  Not  less than annually, the department shall prepare a report of
     5  the catalogue of  workforce  development  funding  programs  established
     6  pursuant  to  subdivision fifteen of this section to conduct an analysis
     7  on the outcomes and effectiveness  of  such  funding  programs  and  the
     8  number of persons served by such funding. Such report shall be submitted
     9  to  the  governor, the temporary president of the senate, the speaker of
    10  the assembly, the minority leader of the senate and the minority  leader
    11  of the assembly and shall be made publicly available on the department's
    12  website.
    13    §  4.  This act shall take effect immediately; provided, however, that
    14  section one of this act shall take effect on the sixtieth day  after  it
    15  shall have become a law. Effective immediately, the addition, amendment,
    16  and/or repeal of any rule or regulation necessary for the implementation
    17  of  this  act  on  its  effective  date  are  authorized  to be made and
    18  completed on or before such effective date.
 
    19                                  PART CCC
 
    20    Section 1. Subdivision 2 of section 99-l of the general municipal law,
    21  as amended by chapter 179 of the laws of 2000, is  amended  to  read  as
    22  follows:
    23    2.  The  county of Nassau shall be entitled to receive the amounts set
    24  forth in subdivision one of this section for the services of the  Nassau
    25  county  traffic  and  parking  violations agency and for all services in
    26  each case of a parking violation, instituted and triable in such agency,
    27  wherein a fine is imposed, a surcharge of ten dollars. In addition,  the
    28  county  of Suffolk shall be entitled to receive the amounts set forth in
    29  subdivision one of this section for the services of the  Suffolk  county
    30  traffic and parking violations agency.
    31    §  2.  This act shall take effect immediately; provided, however, that
    32  the amendments to subdivision 2 of section 99-l of the general municipal
    33  law made by section one of this act shall not affect the  expiration  of
    34  such subdivision and shall expire and be deemed repealed therewith.
 
    35                                  PART DDD
 
    36    Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
    37  the New York state urban development  corporation  act,  is  amended  by
    38  adding a new section 16-hh to read as follows:
    39    §  16-hh. Small business inflation assistance grant program. 1.  Defi-
    40  nitions. As used in this section, the following  terms  shall  have  the
    41  following meanings:
    42    (a)  "Small  business"  or "businesses" shall mean a business which is
    43  resident in this state, independently owned and operated,  not  dominant
    44  in its field, and employs one hundred or less persons.
    45    (b)  "Micro business" or "businesses" shall mean a business which is a
    46  resident in this state, independently owned and operated,  not  dominant
    47  in its field, and employs ten or less persons.
    48    (c)  "The  program" shall mean the small business inflation assistance
    49  grant program established pursuant to subdivision 2 of this section.
    50    (d) "Applicant" shall mean a small business or micro business  submit-
    51  ting an application for a grant award to the program.

        A. 3008--B                         30
 
     1    2.  Small business inflation assistance grant program established. The
     2  small business inflation grant program  is  hereby  created  to  provide
     3  assistance  to  small  businesses who have experienced economic hardship
     4  associated with inflationary pressure and other economic hardships.
     5    3.  Authorization.  The corporation is hereby authorized, using avail-
     6  able funds,  to  issue  grants  and  provide  technical  assistance  and
     7  outreach to small and micro businesses and technical assistance partners
     8  for  the purpose of aiding the recovery and growth of the New York state
     9  economy, and may promulgate guidelines or regulations to effectuate  the
    10  purposes herein.
    11    4.  Selection  criteria  and  application  process. (a) In order to be
    12  eligible for a grant or additional form of support  under  the  program,
    13  eligible small and micro businesses shall:
    14    (i)  be incorporated in New York state or licensed or registered to do
    15  business in New York state;
    16    (ii) be a currently viable micro business or small business  that  has
    17  been  operational  for  at  least  six  months  before an application is
    18  submitted;
    19    (iii) be able to demonstrate lost revenue or  other  hardship  due  to
    20  inflationary  or  other  economic  hardships  to the satisfaction of the
    21  corporation;
    22    (iv) have between five thousand  and  one  million  dollars  in  gross
    23  receipts  or  be  able  to demonstrate five thousand dollars in business
    24  expenses;
    25    (v) be in substantial compliance with applicable  federal,  state  and
    26  local laws, regulations, codes and requirements; and
    27    (vi) not owe any federal, state or local taxes prior to July 15, 2022,
    28  or  have  an approved repayment, deferral plan, or agreement with appro-
    29  priate federal, state and local taxing authorities.
    30    (b) Grants awarded from this program shall be available to all  eligi-
    31  ble  micro  businesses  and small businesses; however, priority shall be
    32  given to:
    33    (i) socially and economically disadvantaged small  business  or  micro
    34  business  owners including, but not limited to, minority and women-owned
    35  business enterprises,  service-disabled  veteran-owned  businesses,  and
    36  veteran-owned businesses, or small business or micro business located in
    37  communities that were economically distressed prior to March 1, 2020, as
    38  determined by the most recent census data;
    39    (ii)  new  small  businesses  or micro businesses who have begun oper-
    40  ations since January 1, 2022; and
    41    (iii) small businesses or micro businesses that can demonstrate to the
    42  satisfaction of the corporation their  commitment  to  using  green  and
    43  sustainable business practices in their operations.
    44    5.  Eligible  costs.  (a) Eligible costs shall be considered for micro
    45  businesses and small  businesses,  impacted  by  inflationary  hardships
    46  which  have negatively impacted business operations. Such eligible costs
    47  shall have been incurred after January 1, 2022;
    48    (b) The following costs incurred by a micro business and  small  busi-
    49  ness,  shall  be  considered  eligible  under  the program at a minimum:
    50  payroll costs; costs of rent or mortgage as provided for in subparagraph
    51  (i) of this paragraph; costs of repayment of local  property  or  school
    52  taxes  associated with such small business's location as provided for in
    53  subparagraph (ii) of this paragraph;  insurance  costs;  utility  costs;
    54  costs  associated  with supply chain disruptions; machinery or equipment
    55  costs necessary to increase efficiency or modernize;

        A. 3008--B                         31
 
     1    (i) Mortgage payments or commercial rent shall be considered  eligible
     2  costs; and
     3    (ii) Payment of local property taxes and school taxes shall be consid-
     4  ered eligible costs.
     5    (c)  Grants  awarded  under the program shall not be used to re-pay or
     6  pay down any portion of a loan obtained through  a  federal  coronavirus
     7  relief  package  for  business assistance or any New York state business
     8  assistance programs.
     9    6. Application and approval process. (a) An eligible micro business or
    10  small business shall submit a complete application in a form and  manner
    11  prescribed by the corporation.
    12    (b) The corporation shall establish the procedures and time period for
    13  micro  businesses  and  small  businesses  to submit applications to the
    14  program. As part of the application each micro business and small  busi-
    15  ness  shall  provide  sufficient documentation in a manner prescribed by
    16  the corporation to demonstrate hardship, and prevent fraud,  waste,  and
    17  abuse.
    18    7.  Reporting. The corporation, on a quarterly basis beginning Septem-
    19  ber 30, 2023, and ending when all  program  funds  are  expended,  shall
    20  submit  a  separate  and  distinct report to the governor, the temporary
    21  president of the senate, and the speaker of the assembly  setting  forth
    22  the  activities  undertaken  by the program. Such quarterly report shall
    23  include, but need not be limited to: the number of applicants and  their
    24  county  locations;  the number of applicants approved by the program and
    25  their county location; the total amount of grants awarded, and the aver-
    26  age amount of such grants awarded; and such  other  information  as  the
    27  corporation  determines  necessary and appropriate. Such report shall be
    28  included on the corporation's website and any other publicly  accessible
    29  state  database  that lists economic development programs, as determined
    30  by the commissioner.
    31    8. Technical assistance and outreach. The  corporation  may  offer  or
    32  make  available to all applicants, regardless of approval status, direct
    33  or indirect access to financial and business planning,  legal  consulta-
    34  tion, language assistance services, mentoring services for planning, and
    35  other  assistance  and support as determined by the corporation. Assist-
    36  ance, support, outreach and other services may be provided by or through
    37  partner  organizations,  including  but  not  limited  to  chambers   of
    38  commerce,  local  business  development corporations, trade associations
    39  and other community organizations that have expertise and background  in
    40  providing technical assistance, at the discretion of the corporation.
    41    § 2. This act shall take effect immediately.
 
    42                                  PART EEE
 
    43    Section  1.  The  public  authorities  law  is amended by adding a new
    44  section 1885 to read as follows:
    45    § 1885. Empower plus program.  1.  The  authority  shall  develop  and
    46  administer the empower plus program, funded pursuant to an appropriation
    47  from  a  chapter  of  the  laws of two thousand twenty-three, to provide
    48  eligible low-income residential households with energy efficiency, heat-
    49  ing and cooling, health and safety and  other  related  improvements  to
    50  existing homes.
    51    2.  The authority is authorized to enter into contracts with engineers
    52  or other relevant professions to conduct assessments, provide  technical
    53  assistance,  and perform or complete improvements of eligible low-income
    54  residential households, pursuant to subdivision three of this section.

        A. 3008--B                         32
 
     1    3. The following improvements may be  available  for  eligible  house-
     2  holds:
     3    (a) installation of high-efficiency lighting;
     4    (b) attic and wall insulation;
     5    (c) residential household decarbonization, including building electri-
     6  fication;
     7    (d) refrigerator and freezer replacement;
     8    (e) water efficient showerheads; or
     9    (f)  an  electric bill credit from a renewable energy system, pursuant
    10  to section sixty-six-p of the public service law, that shall not  exceed
    11  fifteen dollars per month.
    12    4.  The  authority,  in  consultation  with  the  energy affordability
    13  program working group established pursuant to section sixty-six-v of the
    14  public service law, shall determine and  establish  program  eligibility
    15  criteria;  provided,  however,  that individuals currently enrolled in a
    16  low-income home energy assistance program, pursuant to  section  ninety-
    17  seven  of  the  social services law, shall be automatically eligible for
    18  the empower plus program.
    19    5. Both renters and homeowners shall be eligible to participate.
    20    6. The authority shall prepare and submit an annual progress report by
    21  December thirty-first, to the governor, the temporary president  of  the
    22  senate and the speaker of the assembly, and post each progress report on
    23  the  authority's website. The progress report shall at a minimum include
    24  the following information:
    25    (a) the number of households that  were  electrified  in  the  current
    26  reporting year;
    27    (b)  the  category  and type of improvements to households made in the
    28  current reporting year;
    29    (c) the number of households that received improvements in the current
    30  reporting year;
    31    (d) the average  cost  of  improvements  per  household,  the  overall
    32  expenses incurred by the authority in completing improvements, and other
    33  information deemed relevant by the authority; and
    34    (e)  cumulative  information  regarding  expenditures, number of homes
    35  electrified, and amount of energy and/or water savings.
    36    § 2. This act shall take effect immediately.
 
    37                                  PART FFF
 
    38    Section 1. Legislative intent. (a) The legislature finds  that  access
    39  to  affordable  and  reliable  energy  is  essential for maintaining the
    40  health, safety, and welfare of New Yorkers.
    41    (b) The legislature further finds that low-, fixed-, and  moderate-in-
    42  come  households  are  disproportionately burdened by high energy costs,
    43  and that such costs can have significant adverse impacts.
    44    (c) The legislature recognizes the need to provide  additional  finan-
    45  cial support to ensure such households have access to affordable energy.
    46    (d)  The legislature recognizes the energy burden standard established
    47  through an Order Adopting Low Income Program Modifications and Directing
    48  Utility Filings issued and effective May 20, 2016, in Case No 14-M-0565,
    49  that requires low-income residential customers not spend more  than  six
    50  percent of their income on energy bills.
    51    (e)  The legislature further finds that it is necessary to codify this
    52  energy burden standard into law to ensure that it is enforced  and  that
    53  benefits  are applied consistently, accurately, and appropriately across

        A. 3008--B                         33
 
     1  all electric corporations, combination gas  and  electric  corporations,
     2  and the Long Island Power Authority.
     3    § 2. The public service law is amended by adding a new section 66-v to
     4  read as follows:
     5    §  66-v.  Energy  affordability  program.  1. For the purposes of this
     6  section:
     7    (a) "energy burden" shall mean  the  percentage  of  household  income
     8  spent on energy bills;
     9    (b)  "electric  corporation" shall have the same meaning as defined in
    10  subdivision thirteen of section two of this chapter;
    11    (c) "combination gas and electric corporation"  shall  have  the  same
    12  meaning  as defined in subdivision fourteen of section two of this chap-
    13  ter;
    14    (d) "Long Island Power Authority" shall mean  the  Long  Island  Power
    15  Authority  established  pursuant to section one thousand twenty-c of the
    16  public authorities law;
    17    (e) "home energy assistance program" shall mean  the  low-income  home
    18  energy  assistance  program  described  in  section  ninety-seven of the
    19  social services law; and
    20    (f) "eligible low-income and  moderate-income  residential  customers"
    21  shall  mean  residential customers of electric corporations and combina-
    22  tion gas and electric  corporations  regulated  by  the  public  service
    23  commission,  and  the  Long Island Power Authority, who do not currently
    24  qualify for the energy affordability policy program, but whose household
    25  income is found to be below the area medium income  based  on  household
    26  size.
    27    2.  The  department,  in  consultation  with  the energy affordability
    28  program working group, shall establish and administer the energy afford-
    29  ability program within funding appropriated by a chapter of the laws  of
    30  two  thousand  twenty-three,  to reduce the residential household energy
    31  burden of eligible low-income and moderate-income residential customers.
    32  Each electric corporation and combination gas and electric  corporations
    33  regulated  by  the  public service commission, and the Long Island Power
    34  Authority, shall ensure that  eligible  low-income  and  moderate-income
    35  residential  customers  are  provided  with a benefit that ensures their
    36  energy burden does not exceed six percent.
    37    3. Electric corporations and combination gas and electric corporations
    38  regulated by the public service commission, and the  Long  Island  Power
    39  Authority,  shall  ensure  that residential customers who participate in
    40  the empower plus program administered  by  the  New  York  state  energy
    41  research and development authority, pursuant to section eighteen hundred
    42  eighty-five  of the public authorities law, and electrify their residen-
    43  tial home in accordance with program standards, do not exceed an  energy
    44  burden  of  six percent. The department is authorized to establish a cap
    45  on residential customer energy usage, which shall be evaluated annually.
    46    4. Energy affordability program working group. The energy affordabili-
    47  ty program working group shall include representatives from the  depart-
    48  ment,  New  York  state  energy research and development authority, Long
    49  Island Power Authority, office of temporary and  disability  assistance,
    50  utility  intervention  unit,  as  defined in subdivision four of section
    51  ninety-four-a of the executive  law,  and  department  of  environmental
    52  conservation.    Meetings  conducted by the energy affordability program
    53  working group shall be open to the public.    The  energy  affordability
    54  program working group shall develop objectives and priorities, including
    55  strategies  to  increase  energy  affordability  program enrollment, and
    56  shall provide  opportunities  for  public  comment,  to  improve  energy

        A. 3008--B                         34
 
     1  affordability  for low-income and moderate-income households. The energy
     2  affordability program working group shall prepare and submit  a  report,
     3  that  shall  include, at a minimum, objectives and priorities, including
     4  strategies  to  increase energy affordability program enrollment, and to
     5  improve energy affordability for low-income and  moderate-income  house-
     6  holds,  to  the public service commission, governor, temporary president
     7  of the senate and speaker of  the  assembly  by  December  thirty-first,
     8  annually, and shall be posted on the department's website.
     9    § 3. The public service law is amended by adding a new section 66-w to
    10  read as follows:
    11    §  66-w. Energy burden cap. The public service commission shall ensure
    12  that residential ratepayers are entitled to a benefit that ensures their
    13  energy burden shall not exceed six percent. Energy burden shall have the
    14  same meaning as defined in paragraph (a) of subdivision one  of  section
    15  sixty-six-v of this article.
    16    § 4. This act shall take effect immediately.
    17    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    18  sion,  section  or  part  of  this act shall be adjudged by any court of
    19  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    20  impair,  or  invalidate  the remainder thereof, but shall be confined in
    21  its operation to the clause, sentence, paragraph,  subdivision,  section
    22  or part thereof directly involved in the controversy in which such judg-
    23  ment shall have been rendered. It is hereby declared to be the intent of
    24  the  legislature  that  this  act  would  have been enacted even if such
    25  invalid provisions had not been included herein.
    26    § 3. This act shall take effect immediately  provided,  however,  that
    27  the  applicable  effective date of Parts A through FFF of this act shall
    28  be as specifically set forth in the last section of such Parts.
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